City of Salem, MA - City Council Agenda REVISED 02/14/2013

City Council Agenda REVISED 02/14/2013


	“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 30A ss. 18-25, and City Ordinance Sections 2-2028 through 2-2033.” A Regular Meeting of the City Council held in the Council Chamber on Thursday, February 14, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 7, 2013 at 6:50 P.M. This meeting is being taped and is live on S.A.T.V. Absent were: Council President Ryan presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Ryan requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY Public Testimony not to exceed 15 minutes Name must be on roster 30 minutes prior to meeting Agenda items only HEARINGS NONE APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s appointment of Bruce Mabbott to serve on the Bike Path Committee with a term to expire on January 24, 2016 Action Contemplated Councillor Confirmed by Roll Call Vote Yeas Nays Absent Mayor’s re-appt. of the following to serve as members of the Cable Television and Technology Commission with the following terms to expire Linda Vaugh, 38 Greenway Rd., Salem Term to Expire: Co-Terminous with the Mayor Kevin Walker, 6 Moulton Ave., Salem Term to Expire: Co-Terminous with the Mayor And Also that the Council President appoint a member of the Council to serve on this Commission Action Contemplated Councillor Confirmed by Roll Call Vote YEAS NAYS ABS Mayor’s appt. of Mark McGrath to serve as Constable with a term to expire on January 22, 2014 Action Contemplated Councillor Sosnowski Moved Recv’d & Filed Voted COMMUNICATIONS FROM THE MAYOR BOND ORDER: in the amount of $4,994,136.00 be appropriated to fund costs for construction of a new Senior Center. And authorize the Mayor to file an application to qualify under Ch. 44A of Mass. General Laws any and all bonds of the City issued to provide such information and execute such documents as may be required. Councillor Prevey Moved Adoption for first passage by roll call vote yeas nays absent (8 votes required) Or Refer to the Committee on Administration & Finance Appropriation of $32,150.00 from “Fund Balance – Free Cash” account to the following “City Clerk – Election” accounts for the upcoming Special Elections. Overtime $4,300.00 Poll Workers $23,800.00 Voting Machine Services $3,600.00 Advertising $450.00 Total $32,150.00 Councillor Prevey suspension of rules Councillor Object Action contemplated Councillor Prevey Refer to Committee on Administration & finance Or move Adoption Voted COMMUNICATIONS FROM THE MAYOR Appropriation of $55,000.00 from “Capital Outlay – Equipment” account to be expended for purchase of new Smart Meters on Washington Street. Councillor Prevey suspension of rules Councillor Object Action contemplated Councillor Prevey Refer to Committee on Administration & finance Or move Adoption Voted Appropriation of $18,000.00 from “Capital Outlay – Renovation & Repairs” account to be expended for trench work for new kiosks at Bridge and Church Street lots. Councillor Prevey suspension of rules Councillor Object Action contemplated Councillor Prevey Refer to Committee on Administration & finance Or move Adoption Voted Appropriation of $7,800.00 from “Capital Outlay – Renovation & Repairs” account to be expended for repair of fence at Mansell Park. Councillor Prevey suspension of rules Councillor Object Action contemplated Councillor Prevey Refer to Committee on Administration & finance Or move Adoption Voted COMMUNICATIONS FROM THE MAYOR Appropriation of $6,600.00 from “Receipts Reserved – Sale of Vaults” to “Cemetery – Burial” account. Councillor Prevey suspension of rules Councillor Object Action contemplated Councillor Prevey Refer to Committee on Administration & finance Or move Adoption Voted Appropriation of $5,428.00 from “Capital Outlay – Renovation & Repairs” account to be expended for repair of lighting due to water damage at the Museum Place Parking Garage. Councillor Prevey suspension of rules Councillor Object Action contemplated Councillor Prevey Refer to Committee on Administration & finance Or move Adoption Voted ORDER: In accordance with Mass. General Law Ch. 30, Sec. 15, the City Council by two thirds vote of it’s members hereby abandons land entitled “subdivision Plan of Land Riley Plaza by Washington and Dodge Street and the land once a portion of the Riley Plaza roadway right of way, no longer used or needed for vehicular travel. Councillor Turiel Moved Adoption by roll call vote yeas nays absent (8 votes required) or Refer to Committee on Community & Economic Development COMMUNICATIONS FROM THE MAYOR ORDER: authorize the Mayor to enter into a Five Year Contract with Boston Harbor Cruises for operation of the Salem Ferry. Councillor Prevey Moved Adoption by roll call vote yeas nays absent RESOLUTION: That the Salem City Council endorses the use of a TIF (Tax Increment Financing) for the expansion of Jacqueline’s Wholesale Bakery, Inc. business. Councillor Prevey Moved Adoption by roll call vote yeas nays absent Authorize Tax Increment Financing for Jacqueline’s Wholesale Bakery Inc., located at 96 Swampscott Road, Salem Councillor Prevey Moved Adoption by roll call vote yeas nays absent ORDER: Authorize Mayor to enter into a PILOT (Payment in Lieu of Taxes) and Host Fee Agreement with Footprint Power. Councillor Prevey Moved Adoption by roll call vote yeas nays absent MAYOR’S INFORMATIONAL PAGE NONE MOTIONS, ORDERS, AND RESOLUTIONS Councillor Prevey ORDER: That the Monthly Financial Report dated December 31, 2012 be referred to the Committee on Administration and Finance. Action Contemplated Councillor Prevey Moved Adoption Voted Councillor Furey ORDER: That the Committee on Administration and Finance co-posted with the Committee of the Whole meet to review the “Compensation of the Mayor” Section 2-142 and that a recommendation be reported out no later than the first meeting in April. Action Contemplated Councillor Furey Moved Adoption Voted Councillor Carr ORDER: That the Salem City Council Committee of the Whole meet to discuss Salem’s Winter Storm Management Plan and overall response to the recent blizzard. Action Contemplated Councillor Carr Moved Adoption Voted Councillor Sosnowski ORDER: That the attached Tag Day Application for Salem High School Girls Basketball for February 16, 2013 be granted Action Contemplated Councillor Sosnowski Moved Adoption Voted COMMITTEE REPORTS Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following licenses be granted SEAWORMS Alexandrino DaSilva, 37 Harris St., Peabody Armando Borges, 7 Union St., Peabody Eutimio Cunha, 89 Tremont St., Peabody SECOND HAND Tiffen Wicket, 100 Wharf St., Salem CLOTHING SECOND HAND Tiffen Wicket, 100 Wharf St., Salem VALUABLE TAG DAYS S.H.S. Baseball Team, April 20, 2013 S.H.S. Baseball Team, May 4, 2014 D.A.V. Chapter #84, May 16, 17 & 19, 2013 VFW, May 24-27, 2013 Salem Veterans Council June 28-30, 2013 & July 4, 2013 D.A.V. Chapter #84, November 1-4, 2013 VFW, November 8-11, 2013 Action Contemplated Accept the Report Voted Adopt the Recommendation Voted Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of hearings on the denial of three taxi operator licenses has considered said matter and would recommend that the taxi operator licenses for Eliezer Romero, Julio Cora and Joseph Staten be granted Action Contemplated Accept the Report Voted Adopt the Recommendation Voted COMMITTEE REPORTS Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an ordinance relative to abandoned shopping carts has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Action Contemplated Accept the Report Voted Adopt the Recommendation Voted Councillor Prevey offered the following report for the Committee on Administration & Finance co-posted with the Committee of the Whole to whom was referred the matter of a $24,000 transfer from IT Maintenance to IT Full-Time Salary has considered said matter and would recommend approval Action Contemplated Accept the Report Voted Adopt the Recommendation Voted Councillor Prevey offered the following report for the Committee on Administration & Finance co-posted with the Committee of the Whole to whom was referred the matter of a $9,800.00 appropriation from Capital Outlay to repair the windows and roof at Old Town Hall has considered said matter and would recommend approval Action Contemplated Accept the Report Voted Adopt the Recommendation Voted COMMITTEE REPORTS Councillor Siegel offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of the status of the proposed Gas Station at 111 North Street (Trickett Realty) has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Action Contemplated Accept the Report Voted Adopt the Recommendation Voted Councillor Ryan offered the following report for the Committee of the Whole to whom was referred the matter of reviewing rules and regulations for rooming houses has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Action Contemplated Accept the Report Voted Adopt the Recommendation Voted COMMUNICATIONS FROM CITY OFFICIALS Communication from Solicitor Elizabeth Rennard submitting an Ordinance to amend an Ordinance relative to Panhandling Chapter 24, Section 24-29 Aggressive Panhandling Councillor Sosnowski Moved Adoption for first passage Voted PETITIONS Petition from National Grid for conduits on Congress Street Bridge (to utilize an open position on the bridge for the installation of a 115kV transmission line – preliminary approval given on October 20, 2010) Action Contemplated HEARING ORDERED FEBRUARY 28, 2013 Request from Salem State University to hold its annual North Shore Wellness Fair & 5K Road Race and 2 mile Walk on April 28, 2013 and use of city streets Action Contemplated Councillor Turiel Moved Granted Voted Request from B&S Fitness to hold an Xtreme Urban 5K Run on June 9, 2013 and use of city streets Action Contemplated Councillor McCarthy Moved Granted Voted Request from Wicked Running Club to hold a Road Race (Miles over the Moon) on July 12, 2013 and use of city streets Action Contemplated Councillor Sosnowski Moved Granted Voted PETITIONS Request from Adam Fitch to hold a Road Race (The Running Dead) on September 28, 2013 and use of city streets Action Contemplated Councillor Ryan Moved Granted Voted Request from Parents United of Salem to hold a Road Race (Festivus 5K for Autism) on December 15, 2013 and use of city streets Action Contemplated Councillor McCarthy Moved Granted Voted The Following License Applications: SECOND HAND Penelope’s Consignment Closet, 96 Boston St., Salem CLOTHING SECOND HAND The Antique Company, 11 Central St., Salem VALUABLE TAG DAYS American Legion Salem Post #23, 5/31/13, 6/1-6/3/13, 7/5-7/8/13 Salem Boys Soccer, 9/14/13 & 10/19/13 Action Contemplated Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted Licenses and Legal Affairs PETITIONS The Following License Applications: PUBLIC GUIDES Steven Pierce, 190 Bridge St., Salem Nancy Sweeter, 60 Burley St., Danvers Robert Sant Fournier, 5 Crescent Court, Beverly Douglas Pilkington, 167 Haverhill St., Rowley Deborah Pantazelos, 8 Michael Dr., Danvers Joel Cassidy, 35 March St., Salem Robert Kieran, 14 Tremont St., Salem Robert Anthony, 37 Boardman St., Salem Ronald Olson, 154 Lafayette St., Marblehead Amy Butler, 14 Hunt St., Danvers Kimberly Bizjak, 8 Mooney Rd., Salem TAXI OPERATORS Paul Moore, 14 Foster St., Peabody Roberto Disia, 108 Lafayette St., Salem Nelson Uketa, 10 Cherry St. #1, Salem Clint Desa, 21 Roslyn St., Salem Carlos Benoit, 75 Walnut St., Peabody Evangelis Rodriguez, 114 Central St., Peabody Douglas Stephens, 32 Broadway, Beverly Israel Pool, 4 Harrison Ave., Salem Ramon Espinal, 16 Aborn St., Peabody Edmond Neves, Jr., 14 Chapman St., Beverly Scott Boyle, 9 Perkins St., Gloucester Juan Perez, 24 Tracey St., Peabody Cynthia Keith, 3 Rainbow Terrace, Salem Ana Espaillat, 61 Congress St., Salem Mark Sandler, 30 Sculpin Way, Swampscott Jose Cerda, 3 Center St., Peabody Action Contemplated Councillor Sosnowski Moved Granted Voted PETITIONS The Following License Applications: TAXI OPERATOR LouAnn Souza, 25 Veterans Memorial Dr., Peabody Amado Roman, 65 Aborn St. Peaobody Ronald Gomez Brito, 60 Dow St., Salem Action Contemplated Councillor Sosnowski Moved Denied Voted Hearing Request from the following on the denial of their taxi operator licenses LouAnn Souza, 25 Veterans Memorial Dr., Peabody Jose Ovalles, 90 Park St., Lynn Ronald Gomez Brito, 60 Dow St., Salem Action contemplated Councillor Sosnowski Moved Refer to Committee on Voted Ordinances, Licenses and Legal Affairs to hold an Executive Session ______________________________________________________________________________ The following Drainlayer / Contract operator license applications: McCarty Associates, Inc., 42 Jungle Rd., Leominster Councillor Sosnowski Moved Granted Voted PETITIONS The Following Claim: Edward Palmeira, 1 Greenway, Middleton Action Contemplated Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted Licenses and Legal Affairs The Following Bonds: CONSTABLE Mark McGrath, 40 Pond St., Boxford DRAINLAYER McCarty Associates, Inc., 42 Jungle Rd., Leominster Action Contemplated Councillor Sosnowski Moved Refer to Comm. on Ordinances, Voted Licenses & Legal Affairs & Returned Approved ______________________________________________________________________________ UNFINISHED BUSINESS NONE On the motion of Councillor the meeting adjourned at P.M.