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City Council Agenda 02/28/2013
“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 28, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 21, 2013 at 6:12 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

ORDER:  National Grid to utilize an open position on the Congress Street Bridge for the attachment of a duct bank to be used for the relocation of a 115kV transmission line (Preliminary approval for availability and use of bay only)



IN FAVOR:












OPPOSED:












HEARING CLOSED




Action Contemplated


COUNCILLOR MCCARTHY                             MOVED                                   VOTED




APPOINTMENTS AND REAPPOINTMENTS

Mayor’s appt. of James Billings to serve as Constable with a term to expire on February 1, 2014



Action Contemplated



Councillor Sosnowski            Moved Recv’d & Filed                                    Voted


Mayor’s re-appt. of Mark Finer to serve as Constable with a term to expire on March 8, 2016



Action Contemplated



Councillor Sosnowski            Moved Recv’d & Filed                                    Voted







COMMUNICATIONS FROM THE MAYOR

Appropriation of $19,220.00 from “Fund Balance – Free Cash” account to the “Police – Elections” account.



Councillor McCarthy             suspension of rules             Councillor                       Object


Action contemplated

Councillor McCarthy             Refer to Committee on Administration & finance
                                        Or move Adoption                                                Voted



Appropriation of $2, 000.00 from “Receipts Reserved – Golf Course” account to “Golf Course – Renovations & Repair” account.




Councillor McCarthy             suspension of rules             Councillor                       Object



Action contemplated

Councillor McCarthy             Refer to Committee on Administration & finance
                                        Or move Adoption                                                Voted


ORDER: City of Salem approves adoption of a revolving account for Harbormaster Boat & Float storage in accordance with M.G.L. Chapter 44, Section 53E1/2







Councillor McCarthy             Moved Adoption                                          Voted


COMMUNICATIONS FROM THE MAYOR


CORRECTED 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 McCarthy     Moved Adoption by roll call vote             yeas       nays            absent



CORRECTED Tax Increment Financing Agreement for Jacqueline’s Wholesale Bakery Inc., located at 96 Swampscott Road, Salem







Councillor McCarthy     Moved Adoption by roll call vote             yeas       nays            absent



ORDER: to authorize the Mayor to convey a perpetual historic preservations restriction encumbering the North Street Fire Station located at 142 North Street.








Councillor Turiel               Moved Adoption by roll call vote              yeas      nays            absent







COMMUNICATIONS FROM THE MAYOR

Ordinance to amend an ordinance relative to Solid Waste Management by adding Sections 36-5 and 36-7 Mandatory Recycling.





Councillor Sosnowski            Moved Adoption for first passage                                Voted


ORDER: Authorize the Mayor to enter into a 5 year contract for Solid Waste and Recycling Collection and Transportation with Northside Carting Inc. for the term commencing July 1, 2013 and terminating June 30, 2018.




Councillor McCarthy             Moved Adoption by roll call vote             yeas       nays       absent


ORDER: Authorize the Mayor to enter into a contract for the Acceptance and Processing of Recyclable Material with the Newark Group Inc. for a term commencing July 1, 2013 and terminate June 30, 2016 with options to extend for two additional years in one year increments.





Councillor McCarthy             Moved Adoption by roll call vote             yeas       nays       absent


ORDER: Authorize the Mayor to enter into a contract for the Acceptance and Disposal of Solid Waste with Covanta Haverhill Associates for a term commencing July 1, 2013 and terminate
June 30, 2018 with five one-year options to renew.






Councillor McCarthy             Moved Adoption by roll call vote             yeas       nays       absent

                        

MAYOR’S INFORMATIONAL PAGE

NONE








MOTIONS, ORDERS, AND RESOLUTIONS

Councillor McCarthy

ORDER:  That the Monthly Financial Report dated January 31, 2013 be referred to the Committee on Administration and Finance.


Action Contemplated

Councillor McCarthy                     Moved Adoption                                  Voted


Councillor McCarthy

ORDER:  That the Year to Date Budget Report dated January 31, 2013 be referred to the Committee on Administration and Finance.


Action Contemplated

Councillor McCarthy                     Moved Adoption                                  Voted


Councillor Sosnowski

ORDINANCE: Amending Traffic Ch. 42, Sec. 50C “Handicap Parking, Bus Stop”  Washington Square North, in front of #29, twenty feet north of Mall street for a distance of twenty feet. Special permit required, Tow Zone.


Action Contemplated



Councillor Sosnowski                    Moved Adoption for first passage                        Voted










MOTIONS, ORDERS, AND RESOLUTIONS

Councillor Ryan

ORDER:  That the Committee of the Whole meet on March 13, 2013 at 6:30 PM for the purpose of taking up the Bond Order for the new Committee Life Center, this meeting is to be held at the Council on Aging 5 Broad Street.




Action Contemplated

Councillor Ryan                 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

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                     
                                        
                                                        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 amending a traffic ordinance Chapter 42, Sec. 50B, repealing handicap parking in front of #10 Read Street 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











COMMITTEE REPORTS

Councillor McCarthy 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 $55,000.00 appropriation for purchase of new smart meters 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 McCarthy 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 $18,000.00 appropriation for trench work for new kiosks at Bridge and Church St. Parking lots 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 McCarthy 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 $7,800.00 appropriation for repair of fence at Mansell Park 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




COMMITTEE REPORTS

Councillor Turiel offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole to whom was referred the matter of the request to abandon and declare surplus a parcel of land located on Washington Street has considered said matter and would recommend that the parcel be declared surplus


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 the Community Preservation Committee and the preparation of proposed language has considered said matter and would recommend that the attached ordinance be adopted for first passage

Action Contemplated                     
                                        

                                                        Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted








COMMUNICATIONS FROM CITY OFFICIALS

NONE










PETITIONS

Request from Freemasons to change date of approved reserved parking spaces on Washington Street from March 28, 2013 to March 7, 2013



Action Contemplated



Councillor Sosnowski                    Moved Granted                                   Voted


Request from Robert Blenkhorn to meet with Council regarding the reduction of the number of members on the Salem Board of Health and the issue of regionalization



Action Contemplated



Councillor                      Moved Granted                                   Voted


The Following License Applications:

TAG DAYS                                S.H.S. Boys LaCrosse, 4/7/13 & 4/28/13
                                        S.H.S. Track Team (Boys Spring) 3/30/13, 4/6/13 & 4/14/13


Action Contemplated


Councillor Sosnowski            Moved Referred to the Committee on Ordinances,  Voted
                                        Licenses and Legal Affairs              









PETITIONS

The Following License Applications:

PUBLIC GUIDES                   Mark Gauthier, 40 Oak Ave., Peabody
                                        Jeffrey Swartz, 18 Leach St., Salem
                                        William Clemens, 49 Summer St., Danvers
                                        Jeffrey Howard, 14 Proctor St., Gloucester
                                        Charles Galvin, 5 Warren St., Salem
                                        Conor Burke, 12 Juniper Rd., Hamilton
                                        Michael Handelman, 8A Chauncy St., Cambridge
                                        Cheryl McDonald, 61 Pierce Ave., Dorchester
                                        Brittnay Mitchell, 80 Cleveland Ave., Saugus
                                        Joyce Harrington, 27 Grant Rd., Salem
                                        Maryann Garnham, 7 March St. Ct., Salem
                                        Francis Pelletier, 24 Irving St., Salem
                                        Helen Jaworski, 81 Ocean Ave., Salem
                                        Robert Dee, 60 Highland Ave., Salem

TAXI CAB                                Salem Taxi, 27 Congress St., Salem              (12)

        

Action Contemplated


Councillor Sosnowski            Moved Granted                                           Voted   


The following Drainlayer / Contract operator license applications:

                        Ciciotti Construction, LLC, 145 Burrill St., Swampscott
                        DiBiase Corporation, 749 Lowell St., Lynnfield
                        E.B. Rotondi & Sons, Inc., 21 Manison St., Stoneham
                        EQ Enterprise Inc., 452 Essex St., Beverly
                        McLaughlin Construction Co. of Peabody, 72R Central St., Peabody
                        Peterson Construction, 210 Broadway, Lynn
                        

Action Contemplated
                

Councillor Sosnowski                    Moved Granted                                   Voted



PETITIONS

The Following Claims            

        Elyse Bogaxz, 25 Boardman St., Salem
        Lindsey Chastney, 460 Amesbury Rd., Haverhill
        

Action Contemplated


Councillor Sosnowski            Moved Referred to the Committee on Ordinances,  Voted
                                        Licenses and Legal Affairs                                      


The Following Bonds:

CONSTABLE               James Billings, 20 Elwell St., Gloucester

DRAINLAYER              Ciciotti Construction, LLC, 145 Burrill St., Swampscott
                                DBiase Corporation, 749 Lowell St., Lynnfield


                                        
Action Contemplated


Councillor Sosnowski            Moved Refer to Comm. on Ordinances,                     Voted
                                        Licenses & Legal Affairs & Returned Approved
______________________________________________________________________________





UNFINISHED BUSINESS

SECOND PASSAGE ordinance relative to Offenses and Miscellaneous Provisions is amended by adding a new section for abandoned shopping carts.








Councillor Sosnowski            Moved second & final passage                            Voted










On the motion of Councillor                              the meeting adjourned at                 P.M.