City of Salem, MA - City Council Agenda 04-11-2013

City Council Agenda 04-11-2013


	“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, April 11, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 4, 2013 at 4:23 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 Mayor’s appt. of Dr. Danielle M. Ledoux to the Board of Health with a term to expire on December 31, 2014 Councillor Suspension of the Rules Councillor No objection Action Contemplated Councillor Moved Confirmation by RCV Yeas Nays Absent Mayor’s appt. of Dale Yale to the Planning Board with a term to expire on May 1, 2013 Councillor Suspension of the Rules Councillor No objection Action Contemplated Councillor Moved Confirmation by RCV Yeas Nays Absent Mayor’s reappt. of the following to serve as members of the Board of Assessors with the following terms to expire Terms to Expire: Donald Bates, 31 Settlers Way, Salem February 1, 2014 Richard Jagolta, 41 Chestnut St., Salem February 1, 2016 Damian Johnson, 25 Ocean Ave., Marblehead February 1, 2015 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of the following to serve as members of the Beautification Committee with the following terms to expire Terms to Expire: Sara Fiore, 21 Summit Ave., Salem January 1, 2015 Mary Ellen Halliwell, 81 Orchard St., Salem July 1, 2014 Marcia Lambert, 26 Charles St., Salem July 1, 2014 Bev Moustakis, 23 Dearborn St., Salem April 1, 2016 Mary-Anne Poole-Piechocki, 20 Winter St., Salem December 3, 2015 Sandra Power, 18 Loring Ave., Salem September 1, 2014 Judith Wolfe, 22 Winter St., Salem July 1, 2014 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Board of Health with the following terms to expire Terms to Expire: Martin Fair, 4D Nimitz Way, Salem February 7, 2014 Dr. Barbara Poremba, 22 Sunset Rd., Salem February 6, 2015 Gayle Sullivan, 37 Summit Ave., Salem February 1, 2016 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Cemetery Commission with the following terms to expire Terms to Expire: Patricia Donohue, 12 Dearborn Ln, Salem February 1, 2016 Ruth Kapnis, 52 Orne St., Salem February 1, 2015 Elaine Milo, 181 Marlborough Rd., Salem February 1, 2016 Joanne Mizioch, 11 Nursery Ln., Salem February 1, 2016 Anthony O’Donnell, 35 Washington Sq. #1, Salem February 1, 2016 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of the following to serve as members of the Commission on Disabilities with the following terms to expire Terms to Expire: Jennifer Barz-Snell, 7 West Ter., Salem February 1, 2016 Andrew LaPointe, 34 Raymond Ave., Salem February 11, 2016 James Nowlan, 4 First St. #7102, Salem February 1, 2016 David Tracht, 14 Freedom Hollow, Salem February 1, 2016 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Conservation Commission with the following terms to expire Terms to Expire: Michael Blier, 8 Broad St., Salem July 1, 2015 Amy Hamilton, 4 Willow Ave., Salem July 1, 2015 Julia Knisel, 21 Herbert St. #1, Salem November 12, 2015 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Council of Aging with the following terms to expire Terms to Expire: Patricia Donahue, 12 Dearborn Ln, Salem May 1, 2015 Pamela Greaves, 51 Dow St., Salem November 12, 2015 Elaine Heredeen, 16 Buffum St., Salem May 1, 2015 Dolores Nangle, 53 Summer St., Salem July 1, 2015 Alice Williams, 3 Cleveland Rd., Salem November 12, 2015 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of the following to serve as members of the Historical Commission with the following terms to expire Terms to Expire: Laurie Bellin, 396 Essex St., Salem July 1, 2014 Kathryn Harper, 3 Allen St., Salem December 3, 2015 David Hart, 104 Federal St., Salem June 1, 2014 Jessica Herbert, 70 Webb St., Salem December 3, 2015 Joanne McCrea, 386 Essex St., Salem September 1, 2014 Laurence Spang, 125 Columbus Ave., Salem (Alt.) December 3, 2014 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Licensing Board with the following terms to expire Terms to Expire: John Casey, 17 Flint St., Salem June 1, 2016 Robert St. Pierre, Salem, MA June 1, 2017 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Parking Board with the following terms to expire Terms to Expire: Michael Caggiano, 16 Front St., Salem February 1, 2014 Tim Dogett, 9 Lynn St., Salem February 1, 2014 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of the following to serve as members of the Planning Board with the following terms to expire Terms to Expire: Randy Clarke, 19 Bentley St., Salem July 1, 2016 Charles Puleo, 5 Freeman Rd., Salem July 1, 2016 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Redevelopment Authority with the following terms to expire Terms to Expire: Conrad Baldini, 100 Colby St., Salem February 1, 2017 Robert Curran, 1 Riverbank Rd., Salem February 1, 2017 Robert Mitnik, 30 Warren St., Salem December 1, 2016 Matthew Veno, 15 Beach Ave., Salem February 1, 2017 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Registrar of Voters with the following terms to expire Terms to Expire: Charles Barton, 26 Marlborough Rd., Salem March 31, 2014 Phillip Saindon, 9 Circle Hill Rd., Salem March 31, 2016 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of the following to serve as members of the Renewable Energy Task Force with the following terms to expire Terms to Expire: Jeffrey Barz-Snell, 7 West Ter., Salem December 3, 2015 Jeff Brandt, 3 Lynn St., Salem December 1, 2015 Dr. John Hayes, 13 Hancock St., Salem December 3, 2015 Cindy Keegan, 262 Lafayette St., Salem February 1, 2016 Nick Lewis, 23 Warren St., Salem December 3, 2015 Richard Nye, 5 Shore Ave., Salem December 3, 2015 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Scholarship & Education Committee with the following terms to expire Terms to Expire: Shirley Cervoni, 28A Buffum St., Salem June 1, 2013 Edward Curtin, 10 Orchard Ter., Salem June 1, 2013 Joseph Salerno, 5 Quadrant Rd., Salem June 1, 2013 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s reappt. of the following to serve as members of the Trust Fund Commission with the following terms to expire Terms to Expire: Raymond Vaillancourt, 14 Fairfield St., Salem April 1, 2023 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of the following to serve as a member of the Zoning Board of Appeals with the following term to expire Term to Expire: Mike Duffy, 1 Warren Court, Salem July 1, 2015 Action Contemplated Councillor Confirmed by RCV YEAS NAYS ABS Mayor’s appt. of John W. Ray III to serve as a Constable with a term to expire on April 1, 2014 Action Contemplated Councillor Sosnowski Moved Recv’d & Filed Voted COMMUNICATIONS FROM THE MAYOR Appropriation of $60,000.00 from the “Fund Balance – Free Cash” account to “Veterans – Benefits” account Councillor Prevey suspension of rules Councillor Object (only if adopting) Action contemplated Councillor Prevey Refer to Committee on Administration & finance under rules or Move Adoption Voted Appropriation of $50,000.00 from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” to fund retirement buyback costs of newly negotiated sick leave buyback provision. Councillor Prevey suspension of rules Councillor Object (only if adopting) Action contemplated Councillor Prevey Refer to Committee on Administration & finance Under rules Or Move Adoption Voted Appropriation of $25,000.00 from “Fund Balance – Free Cash” account to “DPS – Gasoline/Diesel Fuel” account. Councillor Prevey suspension of rules Councillor Object (only if adopting) Action contemplated Councillor Prevey Refer to Committee on Administration & finance Under rules or Move Adoption Voted COMMUNICATIONS FROM THE MAYOR Appropriation of $25,000.00 from “Retained Earnings – Sewer Fund” account to “DPS – Gasoline/ Diesel Fuel” account. Councillor Prevey suspension of rules Councillor Object (only if adopting) Action contemplated Councillor Prevey Refer to Committee on Administration & finance Under rules Or Move Adoption Voted Accept donation from City of Lynn for $3,000.00 and Footprint power for $1,000.00 to a total of $4,000.00 for the Police Dept. Summer Camp Donation Fund Action contemplated Councillor Prevey Move Adoption Voted Accept donation from Peabody Police Dept. for $3,500.00 for the Police Dept. Summer Camp Donation Fund Action contemplated Councillor Prevey Move Adoption Voted Authorize submission of City of Salem’s application for Federal Assistance to HUD for Community Block Grant Funds. Action contemplated Councillor Prevey Move Adoption by Roll Call Vote YEAS NAYS ABSENT Voted COMMUNICATIONS FROM THE MAYOR ORDER: That the City Council approve the Chapter 121A designation for Salem Heights Preservation Associates, Limited Partnership and authorize the Mayor to enter into the 121A Agreement on behalf of the City of Salem. Action contemplated Councillor Prevey Move to schedule a public hearing Voted MAYOR’S INFORMATIONAL PAGE NONE MOTIONS, ORDERS, AND RESOLUTIONS Councillor Sosnowski ORDINANCE: amending Traffic Ch. 42 Sec. 57A, “Parking Time Limited, Unmetered Zones” Washington Square North west side beginning at Kimball Ct. and ending at the corner of Williams St., two (2) hour parking limit. Councillor Sosnowski Moved Adoption for first passage 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 VALUABLES AAA Old Naumkeg Antiques, 1 Hawthorne Blvd. Galaxy Art & Antique Auction, 6 Central St. Game Stop, 440 Highland Ave. 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 an appropriation of $380,000.00 from the “Stabilization Fund” to “School Collect Bargaining Reserve” to cover FY2013 Teachers contractual increases 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 an appropriation of $143,003.00 from “Fund Balance – Free Cash” account to various Police Patrolmen accounts to cover FY2013 contractual increases has considered said matter and would recommend approval Action Contemplated Accept the Report Voted Adopt the Recommendation Voted COMMITTEE REPORTS 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 an appropriation of $137,605.00 from “Fund Balance – Free Cash” account to various accounts to cover FY2013 AFSCME 1818 contractual increases 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 an appropriation of $136,525.00 from “Fund Balance – Free Cash” account to Fire Dept. accounts to cover FY2013 contractual increases 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 an appropriation of $82,867.00 from “Fund Balance – Free Cash” account to Police Dept. accounts to cover FY2013 contractual increases has considered said matter and would recommend approval Action Contemplated Accept the Report Voted Adopt the Recommendation Voted COMMITTEE REPORTS 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 transfer of $693,073.00 from various School accounts to cover FY2013 Teachers contractual increases 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 transfer of $56,638.00 from “General Fund CIP 2012 Interest” account to cover FY2013 Fire contractual increases 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 transfer of $10,252.00 from “Water CIP 2009 Prinicipal” account to cover FY2013 Water AFSCME 1818 contractual increases has considered said matter and would recommend approval Action Contemplated Accept the Report Voted Adopt the Recommendation Voted COMMITTEE REPORTS 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 transfer of $10,252.00 from “Sewer CIP 2009 Prinicipal” account to cover FY2013 Sewer AFSCME 1818 contractual increases 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 an appropriation of $8,924.50 from “Fund Balance – Free Cash” account to “Inspectional Services – Emergency Demo/Rep” account 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 Bond Order in the amount of $5,900,000.00 for Canal Street Utility Program projects has considered said matter and would recommend adoption for first passage by roll call vote (8 votes required) Action Contemplated Accept the Report Voted Adopt the Recommendation Voted COMMITTEE REPORTS 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 reviewing the Mayor’s compensation 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 Turiel offered the following report for the Committee on Community & Economic Development co-posted with the Committee of the Whole to whom was referred the matter of Footprint Power’s Presentation regarding the redevelopment of the Salem Harbor Station 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 Turiel moved to take from the table the following Committee report. Voted Councillor Ryan offered the following report for the Committee of the Whole to whom was referred the matter of an Ordinance amendment relative to Solid Waste – Mandatory Recycling has considered said matter and would recommend that the ordinance be adopted for first passage Action Contemplated Accept the Report Voted Adopt the Recommendation Voted COMMUNICATIONS FROM CITY OFFICIALS NONE PETITIONS Request from Salem Lions Club to hold the Fidelco Dog Walk and use of city streets on June 9, 2013 Action Contemplated Councillor Sosnowski Moved Granted Voted _____________________________________________________________________________ Request from Boys & Girls Club to hold a road race and use of city streets on August 4, 2013 Action Contemplated Councillor Sosnowski Moved Granted Voted _____________________________________________________________________________ Request from B&S Fitness to hold a run/walk and use of city streets on August 10, 2013 Action Contemplated Councillor Turiel Moved Granted Voted _____________________________________________________________________________ Request from Salem Park & Recreation to hold a road race (Derby Mile) and use of city streets on August 16, 2013 Action Contemplated Councillor McCarthy Moved Granted Voted _____________________________________________________________________________ PETITIONS The Following License Applications: SEAWORM Jose Bettencourt, 54 Fulton St., Peabody TAG DAYS S.H.S. Music Dept., May 5, 2013 S.H.S. Girls Volleyball, September 7, 2013 S.H.S. Girls Volleyball, October 5, 2013 S.H.S. Boys Basketball, Dec.14, 2013 & Dec. 21, 2013 Action Contemplated Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted Licenses and Legal Affairs The Following License Applications: PUBLIC GUIDES Abigail Russell, 37 Forest St., Wakefield Christine Piper, 40 Aborn St., Peabody Fotini Manolakos, 1 Winter Island Rd., Salem Kevin Gutowski, 41 Woodlawn Ave., Everett TAXI OPERATORS Felipito Guzman, 6 Grant St., Beverly Santo Ozoria, 9 Prince St. Pl., Salem Domingo Espinal, 5A Ropes St., Salem Ezeeduiel Castro, 7 Elm St., Peabody Action Contemplated Councillor Sosnowski Moved Granted Voted PETITIONS Request from Howard Taylor to hold a hearing on the denial of his Taxi Operator License Action Contemplated Councillor Sosnowski Moved to Comm. on Ord., Lic. & Voted Legal Affairs to hold an Exec. Session The Following Drainlayer/Contract Operator Licenses Nash & Brown, 8 Weston Rd., Marblehead Action Contemplated Councillor Sosnowski Moved Granted Voted The Following Claims: Judi Jackson, 24 Glendale St. #3, Salem Kasey Hanson, 28 Proctor St. #1, Peabody Tarik Elgharniti, 20 Palmer St. #4, Salem Action Contemplated Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted Licenses and Legal Affairs The Following Bond: CONSTABLE: John W. Ray III, 8 Amanda Way, Salem DRAINLAYER: Nash & Brown, 8 Weston Rd., Marblehead Action Contemplated Councillor Sosnowski Moved Refer to Comm. on Ordinances, Voted Licenses & Legal Affairs & Returned Approved ______________________________________________________________________________ UNFINISHED BUSINESS SECOND PASSAGE Ordinance relative to Boards, Commissions, Committees & Authorities by adding Article IV Div. 15, Community Preservation Committee. Councillor Prevey Moved Adoption for Second & Final passage Voted On the motion of Councillor the meeting adjourned at P.M.