City of Salem, MA - City Council Agenda 04-12-2012

City Council Agenda 04-12-2012


	“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and City Ordinance Sections 2-2028 through 2-2033.” A Regular Meeting of the City Council held in the Council Chamber on Thursday, April 12, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 5, 2012 at 5:24 P.M. This meeting is being taped and is live on S.A.T.V. Absent were: Council President Lovely presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Lovely 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: Comcast to install a conduit on Ash St. & Bridge Street IN FAVOR: OPPOSED: HEARING CLOSED: Action Contemplated COUNCILLOR Sosnowski Moved Approval Voted APPOINTMENTS AND REAPPOINTMENTS Held from last meeting Mayor’s appointment of John B. Hoskins to serve on the Conservation Commission with a term to expire January 1, 2015 Action Contemplated Councillor Moved Confirmation by RCV YEAS NAYS ABS Held from last meeting Mayor’s appt. of James Nowlan to serve on the Commission on Disabilities with a term to expire on February 1, 2013 Action Contemplated Councillor Moved Confirmation by RCV YEAS NAYS ABS Held from last meeting Mayor’s appt. of Michael Duffy to serve on the Zoning Board of Appeals with a term to expire on July 1, 2012 Action Contemplated Councillor Moved Confirmation by RCV YEAS NAYS ABS APPOINTMENTS AND REAPPOINTMENTS Mayor’s appointment of Kim F. Emerling to serve as the City of Salem’s Veteran’s Agent with a term to expire April 1, 2015 Councillor Suspension of the rules Councillor Objection Action Contemplated Councillor Held Under the Rules Voted or Moved by Confirmation by RC.V. Yeas Nays Absent Mayor’s appointment of the following to serve on the Bike Path Committee with their terms to expire on April 1, 2015 David Bowie, 15 Beach St., Salem Dan Cooper, 7 Phelps St., Salem Brad Sandler, 8 Barstow St., Salem Councillor Suspension of the rules Councillor Objection Action Contemplated Councillor Held Under the Rules Voted or Moved by Confirmation by RCV Yeas Nays Absent Mayor’s reappt. of the following to serve on the Park & Recreation Commission with the following terms to expire Chris Burke, 65 Broad St., Salem Term to Expire: May 1, 2017 James Shea, 45 Dearborn St., Salem Term to Expire: May 1, 2016 Action Contemplated Councillor Moved by Confirmation by RCV Yeas Nays Absent COMMUNICATIONS FROM THE MAYOR Appropriation of $50,000.00 from “ Fund Balance – Free Cash” account to “Public Services – Gasoline/Diesel Fuel” account Councillor suspend rules Councillor object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption (need suspension of rule) Voted Appropriation of $$25,000.00 from “Retained Earnings – Sewer Fund” to “Public Services – Sewer Gas/Diesel Fuel” account. Councillor suspend rules Councillor object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption (need suspension of rule) COMMUNICATIONS FROM THE MAYOR Appropriation of $25,000.00 from “Retained Earnings – Water Fund” to “Public Services – Water Gas/Diesel Fuel” account. Councillor suspend rules Councillor object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption (need suspension of rule) Appropriation of $28,000.00 from “Fund Balance – Free Cash” account to “Solicitor – Legal Expenses” account Councillor suspend rules Councillor object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption (need suspension of rule) COMMUNICATIONS FROM THE MAYOR Appropriation of $6,000.00 from “Retained Earnings – Water Fund” account to “Public Services – Water Infrastructure Repair” account Councillor suspend rules Councillor object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption (need suspension of rule) ______________________________________________________________________________ Appropriation of $4,000.00 from “Retained Earnings – Water Fund” account to “Public Services – Water Police Detail” account Councillor suspend rules Councillor object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption (need suspension of rule) ______________________________________________________________________________ COMMUNICATIONS FROM THE MAYOR Appropriation of $4,000.00 from “Retained Earnings – Sewer Fund” account to “Public Services – Sewer Infrastructure Repair” account Councillor suspend rules Councillor object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption (need suspension of rule) ______________________________________________________________________________ ORDER: accept donation of $1,125.00 from Peabody Police Benevolent to Police Dept. Summer Camp Fund. Action Contemplated Councillor McCarthy Moved Adoption Voted ORDER: accept donation of $1,000.00 from David Doyle’s Golf Course League to Recreation Dept. Donation Fund. Action Contemplated Councillor McCarthy Moved Adoption Voted COMMUNICATIONS FROM THE MAYOR ORDER: authorizing the submission of the City of Salem’s Application for Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds. Action Contemplated 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 year to date budget report dated March 31, 2012 be referred to the Committee on Administration and Finance. Action Contemplated Councillor McCarthy Moved Adoption Voted Councillor McCarthy ORDER: That the Monthly Financial report dated February 29, 2012 be referred to the Committee on Administration and Finance. Action Contemplated Councillor McCarthy Moved Adoption Voted Councillor Sosnowski ORDINANCE: to amend an Ordinance relative to Traffic, Ch. 42, Section 50B “Handicap Parking Zone Limited Time” Mall Street in front of #9 for a distance of twenty feet. Action Contemplated Councillor Sosnowski Moved Adoption for first passage Voted MOTIONS, ORDERS, AND RESOLUTIONS Councillor Sosnowski ORDER: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss modifying the traffic flow out of the East India Garage and traffic issues on Essex Street Mall. Action Contemplated Councillor Sosnowski Moved Adoption Voted Councillor Sosnowski ORDER: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss amending the Comprehensive Downtown Parking Plan. Action Contemplated Councillor Sosnowski Moved Adoption Voted Councillor Sosnowski ORDER: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss creating an Ordinance to require national Grid Gas to come before the City Council for any street opening work. Action Contemplated Councillor Sosnowski Moved Adoption Voted COMMITTEE REPORTS COUNCILLOR Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs relative to Licenses and would recommend approval SECOND HAND Spindle City Precious Metals, 209 Bedford St., Suite 204, Fall River, MA VALUABLE TAG DAYS S.H.S. LaUnion Latina Club, September 29^th & 30^th, 2012 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 a hearing on a denial of a taxi operator license for Rafael Espaillat has considered said matter and would recommend that his license be approved with the condition that there be no more incidents 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 a hearing on the denial of a taxi operator license for Samuel Reinoso has considered said matter and would recommend approval 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 amending the Fortunetelling Ordinance has considered said matter and would recommend adoption for first passage as amended 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 the Public Guide Ordinance has considered said matter and would recommend that the matter remain in committee and follow up be done relative to tour buses and other unresolved issues Accept the report Voted Adopt the recommendation Voted COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance to whom was referred the matter of a $175,000.00 appropriation from “Fund Balance – Free Cash” to “Human Resources – Unemployment Compensation” and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted COMMITTEE REPORTS COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a $12,000.00 appropriation from “Capital Outlay – Equipment ” to be expended for the purchase of Electric Vehicle Charging Stations for the Municipal Garages and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of governing on the ipad and would recommend that the matter remain in committee Accept the report Voted Adopt the recommendation Voted COMMUNICATIONS FROM CITY OFFICIALS NONE PETITIONS Request from Paul Lima to meet with Council regarding concerns over neglect of Loring Towers located at 1000 Loring Avenue Action Contemplated Councillor O’Keefe Moved Refer to Committee on Voted Public Health, Safety & Environment Request from Jeff Langone, owner of Witch City Segway, to revisit and review traffic ordinance relative to segways Action Contemplated Councillor Sosnowski Moved Refer to Committee on Ordinances Voted Licenses & Legal Affairs Request from B&S to hold a road race on Sunday, June 10, 2012 and use of city streets beginning at 9:00 a.m. Action Contemplated Councillor MCarthy Moved Granted Voted PETITIONS Request from Salem Lions Club to hold walk for Fidelco and use of city streets on June 10, 2012 beginning at 1:00 P.M. Action Contemplated Councillor Sosnowski Moved Granted Voted Request from B&S to hold a Triatholon and use of city streets on August 4, 2012 beginning at 8:00 a.m. Action Contemplated Councillor Turiel Moved Granted Voted Resolution submitted to Council by Gavin McAuliffe regarding Restoring Democracy to the People Action Contemplated Councillor Moved Voted PETITIONS The following license applications PUBLIC GUIDE Nichole Clark, 28 Howard St., Salem Daniel Minkle, 54 Derby St., Salem TAG DAYS S.H.S. Concert and Jazz Band, June 2, 2012 S.H.S. Girls Track, June 9, 2012 Action Contemplated Councillor Sosnowski Moved refer to the Committee on Ordinances, Voted Licenses & Legal Affairs The following license applications LIMOUSINE Jose Baez, 29 Perkins St., Salem (1) PUBLIC GUIDES Barbara Dempsey-West, 181 North St., Salem Heather Allen, 42 W. Baltimore St., Lynn Victoria McKillop, 568 Bay Rd., Hamilton Michael Vitka, 28 Howard St., Salem Jeffrey Foley, 128 Bridge St., Salem John Goff, 194 Lafayette St., Salem Kiki Kneeland, 1 Cordis St., Charlestown Kimberly Shields, 26 Walter St., Salem TAXI OPERATORS Dijware Sheikhou, 14 High St., Salem Jaime Lopez, 92B Green St., Lynn Rafael Pena, 373 Chestnut St., Lynn Jorge Peralta, 8 Ropes St., Salem Juan Toribio, 43 Prince St., Salem Jose Fabian, 14 Mason St., Salem Henry Pacheco, 105 Congress St., Salem Miguel Castro, 32 Palmer St., Salem Johnny Fabian, 16 Mason St., Salem Pedro Pacheco, 72 Palmer St., Salem Action Contemplated Councillor Sosnowski Moved Granted Voted PETITIONS The following Drainlayer/Contract Operator license application J. Whyman Construction, 451 Broadway, Lynnfield Action Contemplated Councillor Sosnowski Moved Granted Voted The Following Claims Law Office of Susan Talcofsky Aguiar (for Irene Landry), 980 Mass. Ave., Boston Barry Feinstein & Affiliates (for Rita Pressley), 100 Lowell St., Peabody Barry Feinstein & Affiliates (for Rita Pressley), 100 Lowell St., Peabody Action Contemplated Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted Licenses and Legal Affairs The following Bonds: DRAINLAYER J. Whyman Construction, 451 Broadway, Lynnfield Action Contemplated Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted Licenses and Legal Affairs and Rtn Approved UNFINISHED BUSINESS SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 49, “Obedience to Isolated Stop Signs” Irving Street. Councillor Prevey Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 50B, “Handicap Parking Limited Time” Ocean Avenue. Councillor Turiel Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 50B, “Handicap Parking Limited Time” Broadway. Councillor Turiel Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ UNFINISHED BUSINESS SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 13, “Service Zone” B Broadway westerly side. Councillor Turiel Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 57A, “Unmetered Zones” Broadway westerly side beginning 70 feet from Loring Avenue. Councillor Turiel Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.