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City Council Agenda 05-10-2012
“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, May 10,  2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 4, 2012 at 10:49 A.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

Request from McDonald’s located at 150 Canal Street to extend drive through hours from 11:00 P.M. to 2:00 A.M. seven days a week


IN FAVOR:






OPPOSED:







HEARING CLOSED:



Action Contemplated




Councillor Turiel                                       Moved                                   Voted







APPOINTMENTS AND REAPPOINTMENTS

Held from the 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
                        



Action Contemplated




Councillor                      Moved by Confirmation by RCV         Yeas          Nays ABS


Held from last meeting Mayor’s appt. Jennifer Barz-Snell 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       






COMMUNICATIONS FROM THE MAYOR

Transfer of $15,398.00 from “Capital Outlay Renovations & Repairs” to be expended for the replacement of the boiler at Fire Station 5



Councillor McCathy

Action contemplated     

Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption                                                  Voted


ORDER: to accept donation in the amount of $5,000.00 from GE Good Neighbor Fund for the Police Dept. DARE summer camp program





Action Contemplated

Councillor McCarthy                      Moved Adoption                                       Voted
                                         



ORDER: accept donation in the amount of $3,500.00 from the City of Peabody for the Police Dept. DARE summer camp program.






Action Contemplated

Councillor McCarthy                      Moved Adoption                                       Voted
                                         




COMMUNICATIONS FROM THE MAYOR

ORDER: Authorize the establishment of a list of Revolving accounts per MGL Chapter 44, Section 53E ½ .






Action Contemplated


Councillor McCarthy                     Moved Adoption                                      Voted






MAYOR’S INFORMATIONAL PAGE

NONE







MOTIONS, ORDERS, AND RESOLUTIONS

Councillor McCarthy

ORDER: That the Year to Date Budget Report dated April 30, 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 March 31, 2012 be referred to the Committee on Administration and Finance.



Action Contemplated


Councillor McCarthy                     Moved Adoption                                  Voted


Councillor McCarthy

ORDER: That the Committee on Administration and Finance co-posted with the Committee of the Whole meet with Michael Daley of Financial Advisory Associates, Inc. to discuss the renewing of a contract to provide Budget Analyst Services for the Salem City Council



Action Contemplated


Councillor McCarthy                     Moved Adoption                                  Voted






MOTIONS, ORDERS, AND RESOLUTIONS


Councillor Ryan

ORDINANCE: amending Traffic, Ch. 42 Sec. 50B, Handicap Parking, Repeal Boston Street easterly side across from #83.  

Action Contemplated




Councillor Ryan                 Moved Adoption for first passage                                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


Councillor Turiel

ORDER:  That the Committee on Public Health, Safety and Environment meet with Verizon to discuss double poles including one at 22 Eden Street


Action Contemplated


Councillor Turiel                               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 the Parking Board’s recommendation relative to the Parking Lot issues has considered said matter and would recommend that the matter remain in Committee

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 Comprehensive Parking Plan has considered said matter and would recommend that the appropriate Ordinance amendment be done for the removal of all posts and meters from in front of the U.S. Post Office, Steve’s Market and all of Gedney Street

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 (Loud Parties) and would recommend that the attached amended Ordinance for penalties for Loud Parties be adopted for first passage



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 – Keeper of Disorderly Houses 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 $50,000 appropriation to Engineering – Water System Improvement 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 appropriation to Engineering – Sewer System Improvement 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 $9,860 appropriation to Water Conservation Grant Program Mass. DEP 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 an Resolution for an Industrial Revenue Bond for Jacqueline’s Wholesale Bakery and would recommend (action unknown meeting took place after agenda deadline)


Accept the report                                       Voted

Adopt the recommendation                        Voted



COMMITTEE REPORTS

Councillor Prevey 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 B&S Fitness Road Races has considered said matter and would recommend approval




Accept the report                                       Voted

Adopt the recommendation                        Voted


Councillor Prevey 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 an update on 111 North Street Gas Station has considered said matter and would recommend that the matter remain in Committee




Accept the report                                       Voted

Adopt the recommendation                        Voted


Councillor Prevey 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 a petition by Paul Lima over neglect concerns at Loring Towers has considered said matter and would recommend that Mr. Lima contact the state and pursue whatever avenues are available to him through the state oversight and that the matter be discharged from Committee



Accept the report                                       Voted

Adopt the recommendation                        Voted








COMMITTEE REPORTS

Councillor Lovely offered the following report for the Committee of the Whole to whom was referred the matter of amending Council Rules to allow the Mayor to speak has considered said matter and would recommend that the City Solicitor be asked whether sections 18, 19 & 20 of the City Charter can be reviewed for it’s legal content or intent or does that review require a Charter Commission review



Accept the report                                       Voted

Adopt the recommendation                        Voted


Councillor Lovely offered the following report for the Committee of the Whole to whom was referred the matter of a resolution submitted by Gavin McAuliffe for Restoring Democracy to the People and would recommend that the resolution be referred to the full Council for Adoption



Accept the report                                       Voted

Adopt the recommendation                        Voted








COMMUNICATIONS FROM CITY OFFICIALS

Report to the City Council relative to the Planning Board recommendation for the Zoning Ordinance to comply with the requirements of F.E.M.A. for designation of special flood hazard areas within the City of Salem.












Council Moved accept the recommendation & adoption of the               Voted
Ordinance for first passage






PETITIONS

Request from Arthur King, 7 Wall St., to meet with Council regarding the lease of City Property on Richards Road



Action Contemplated


Councillor Ryan                 Moved Refer to Committee on                             Voted
                                        Community on Economic Development



Request from the Witches Cup Race Organization for use of city streets surrounding the Salem Common to hold a bike race on Wednesday, August 8, 2012 and to have, sell and consume beer on the Common



Action Contemplated



Councillor Sosnowski            Moved Approval                                          Voted


The following license applications:


TAG DAYS                        S.H.S. Cheerleading, June 17, 2012, July 15, 2012 & August 12, 2012
                                Salem Post 23 American Legion, June 23 & 24, 2012
                                S.H.S. Football, August 19, 2012, October 14, 2012 & October 28, 2012
                                Knights of Columbus, October 7 & 8, 2012


Action Contemplated


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




PETITIONS

The following license applications:


PUBLIC GUIDES           Colleen M. O’Toole, 7 Union St. #1, Salem
                                Jeffrey Horton, 27 Bar Link Way #81, Swampscott
                                Mary Buntin, 80 Maple St., Wenham
                                Henry Clarke, 361 Essex St., Salem
                                Timothy Shea, 199B Derby St., Salem
                                Steven Burstein, 76 Allen St., Arlington
                                Michael McIntyre, 77 Summer St., Salem


TAXI OPERATORS          Vincent Ercolano, Sr., 45 Federal St., Salem
                                Juan Lopez, 24 Tracy St., Peabody
                                Camilo Divanne, 113 Loring Ave., Salem
                                                                

VEHICLE FOR HIRE        Douglas Pilkington, 167 Haverhill St., Rowley
OPERATORS ONLY  Edward Murphy, 4 Paradise Rd., Ipswich
Howard Land, 69 Plymouth St., Swampscott
Ronald Olson, 154 Lafayette St., Marblehead
Anthony Meneades, 40 Allerton St., Lynn
Jeffrey Howard, 14 Proctor St., Gloucester
Will Pasquina, 211 River Rd., West Newbury
                                

                                
Action Contemplated


Councillor Sosnowski            Moved Granted                                           Voted




The following license applications:

PUBLIC GUIDE            Peter White, 28 High St., Salem



VEHICLE FOR HIRE        Richard Cole, Jr., 12 Normandy St., Dorchester
OPERATORS ONLY



Action Contemplated



Councillor Sosnowski            Moved Denied                                            Voted


Hearing Request from Richard Cole Jr. on the denial of his vehicle for hire operator’s license (trolley)



Action Contemplated


Councillor Sosnowski            Moved Referred to Comm. on Ord., Lic. &         Voted
                                        Legal Affairs to hold an Executive Session


The Following Claims
                
                                Matthew Sposato, 9 Hathorne St., Salem
                                Ellen Barnett, 23 May St., Salem
                
                                

Action Contemplated


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


UNFINISHED BUSINESS


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

 






Councillor Siegel               Motion Adoption for Second & Final passage              Voted

______________________________________________________________________________

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


 






Councillor Sosnowski    Motion Adoption for Second & Final passage              Voted

______________________________________________________________________________








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