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City Council Agenda 04-26-2012
“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 26,  2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 19, 2012 at 5:34 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

NONE











































APPOINTMENTS AND REAPPOINTMENTS

Held from last meeting 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


Action Contemplated



Councillor                      Moved by Confirmation by RCV         Yeas          Nays Absent


Mayor’s appt. Jennifer Barz-Snell to serve on the Commission on Disabilities with a term to expire on February 1, 2013

Councillor                      Suspension of the Rule          Councillor                      Objection


Action Contemplated



Councillor                              Held Under the Rules                                    Voted
                                                OR
Moved Confirmation by RCV       YEAS                NAYS              ABS       


Mayor’s reappt. of Lauren D’Avella to serve as a Constable with a term to expire on April 10, 2015

                        



Action Contemplated


Councillor                      Moved Recv’d & Filed                                            Voted




COMMUNICATIONS FROM THE MAYOR

Appropriation of $50,000.00 from “Retained Earnings – Water Fund” to “Engineering – Water System Improvement”


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 $50,000.00 from “Retained Earnings – Sewer Fund” to “Engineering – Sewer System Improvement”

.
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 $9,860.00 from “Retained Earnings – Water Fund” to “Water Conservation Grant Program Mass. DEP” Special Revenue 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 $1,000.00 from  Philanthropic Lodge F. & A.M. to the Police Dept. Summer Camp Program



Action Contemplated

Councillor McCarthy                      Moved Adoption                                       Voted
                                         



ORDER: accept donation of $1,000.00 from  Dominion Energy Salem Harbor LLC to the Police Dept. Summer Camp Program



Action Contemplated

Councillor McCarthy                      Moved Adoption                                       Voted
                                         



COMMUNICATIONS FROM THE MAYOR

RESOLUTION: for City of Salem project to the Mass. Development Financing Authority for Industrial Revenue Bonds for Jacqueline’s Wholesale Bakery, Inc.






Action Contemplated

Councillor McCarthy                      Moved Adoption                                       Voted


































MAYOR’S INFORMATIONAL PAGE

NONE











































MOTIONS, ORDERS, AND RESOLUTIONS



Councillor Sosnowski

ORDER: That the Park Commission display the Polish Flag at Riley Plaza for an 11:00 AM ceremony on May 3, 2012, in observance of Polish Constitution Day.




Action Contemplated


Councillor Sosnowski                    Moved Adoption                                  Voted


Councillor Prevey

ORDER: that the remove no left turn sign be removed on Franklin Street at North Street, to allow vehicles to turn left, for a trial period of up to 60 days.



Action Contemplated


Councillor Prevey                       Moved Adoption                                  Voted


Councillor Lovely

RESOLUTION: Stanley John Usovicz, III has achieved the highest rank in Scouting, the Eagle Scout Award


Action Contemplated


Councillor Lovely                       Moved Adoption                                  Voted





MOTIONS, ORDERS, AND RESOLUTIONS

Councillor Lovely

RESOLUTION: Henry Callahan Clarke has achieved the highest rank in Scouting, the Eagle Scout Award



Action Contemplated


Councillor Lovely                       Moved Adoption                                  Voted


Councillor Lovely

RESOLUTION: Robert Cunningham Dee has achieved the highest rank in Scouting, the Eagle Scout Award



Action Contemplated


Councillor Lovely                       Moved Adoption                                  Voted


Councillor Sosnowski

ORDINANCE: amending Traffic, Ch. 42, Sec. 50B Handicap Parking, Conant Street, even side,
25 feet from Bridge Street for a distance of 20 feet.  




Action Contemplated


Councillor Sosnowski                    Moved Adoption for first passage                Voted






MOTIONS, ORDERS, AND RESOLUTIONS


Councillor Siegel

ORDINANCE: amending Traffic, Ch. 42, Sec. 50B Handicap Parking, Winthrop Street, in front of #70 at the property line for a distance of 20 feet.  


Action Contemplated


Councillor Siegel                       Moved Adoption for first passage                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
                

TAG DAYS                                S.H.S. Concert and Jazz Band, June 2, 2012
S.H.S. Girls Track, June 9, 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 amending the Taxi Ordinance has considered said matter and would recommend that the matter (action unknown meeting took place after agenda deadline)

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 the temporary suspension of Fortunetelling licenses has considered said matter and would recommend that the Salem Licensing Board is hereby authorized to resume accepting applications and issuing licenses for fortunetelling pursuant to City Ordinance Chapter 14

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 co-posted with the Committee of the Whole to whom was referred the matter of the Resident Sticker Program has considered said matter and would recommend that a subcommittee be formed to study various issues




Accept the report                                       Voted

Adopt the recommendation                        Voted


COUNCILLOR Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of the Noise Ordinance relative to Loud Parties has considered said matter 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 to whom was referred the matter of a $50,000.00 appropriation from “Fund Balance – Free Cash” to “Public Services-Gasoline/Diesel Fuel” 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 to whom was referred the matter of a $25,000.00 appropriation from “Retained Earnings - Sewer” to “Public Services-Sewer Gasoline” 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 to whom was referred the matter of a $25,000.00 appropriation from “Retained Earnings - Water” to “Public Services- Water Gasoline” 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 to whom was referred the matter of a $6,000.00 appropriation from “Retained Earnings - Water” to “Public Services- Water Infrastructure and Repair” 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 to whom was referred the matter of a $4,000.00 appropriation from “Retained Earnings - Sewer” to “Public Services- Sewer Infrastructure and Repair” 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 to whom was referred the matter of a $4,000.00 appropriation from “Retained Earnings - Water” to “Public Services- Water Police Detail” 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 to whom was referred the matter of a $28,000.00 appropriation from “Fund Balance – Free Cahs” to “Solicitor – Legal Expenses” 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 (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 the City of Salem’s W-2 Forms regarding box 14 “Retirement” and would recommend (action unknown meeting took place after agenda deadline)




Accept the report                                       Voted

Adopt the recommendation                        Voted


COMMUNICATIONS FROM CITY OFFICIALS

NONE











































PETITIONS

Request from Charles Lietz, Owner/Operator of McDonald’s, 150 Canal St., for extended hours of operation



HEARING ORDERED MAY 10, 2012



The following license applications



PUBLIC GUIDES           Beth McCuish, 37 March St., Salem
                                Stephanie Seannell, 12 Baldwin St., Peabody
                                Karen Scalia, 29RR Upham St., Salem


TAXI OPERATORS          Bernanrdo Tavarez, 114 Central St., Peabody
                                Willy Ozoria, 33 Park St., Salem

VEHICLE FOR HIRE
OPERATORS ONLY  Tammy Harrington, 21 Chase St., Beverly


                                
Action Contemplated


Councillor Sosnowski            Moved Granted                                           Voted














PETITIONS

The Following Claims
                

                        Thomas Pelletier, 15 Belleau Rd., Salem

SUBROGATED      Barry Feinstein & Affiliates (for Reed Mullins), 100 Lowell St., Peabody
Barry Feinstein & Affiliates (for Reed Mullins), 100 Lowell St., Peabody
                                


Action Contemplated


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


The following Bonds:


CONSTABLE                       Lauren D’Avella, 5 Rockingham St., Lynn



Action Contemplated



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













UNFINISHED BUSINESS


SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 50B, “Handicap Parking Limited Time” Mall Street.

 






Councillor Sosnowski            Motion Adoption for Second & Final passage              Voted

______________________________________________________________________________

SECOND PASSAGE of an Ordinance amending Fortunetelling, Chapter 14 Article II, Licenses.

 






Councillor Turiel               Motion Adoption for Second & Final passage              Voted

______________________________________________________________________________








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