City of Salem, MA - City Council Agenda 06-14-2012

City Council Agenda 06-14-2012


	“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, June 14, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on June 5, 2012 at 11:13 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 NONE APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s appt. of Barbara Sirois to serve on the Beautification Committee with a term to expire on June 1, 2015 Action Contemplated Councillor Turiel Held under the Rules Voted OR Moved Confirmation by RCV YEAS NAYS ABS Held from the last meeting the Mayor’s appt. of Anthony C. O’Donnell to serve on the Cemetery Commission with a term to expire on February 1, 2013 Action Contemplated Councillor Sosnowski Held under the Rules Voted OR Moved Confirmation by RCV YEAS NAYS ABS COMMUNICATIONS FROM THE MAYOR Appropriation of $340,000.00 to various Capital Outlay Accounts for various repairs. Councillor Moved suspension of rules Councillor Object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption Voted Appropriation of $100,000.00 to acquire 4.86 acres of former Chadwick Lead Mills site and authorize the Mayor of file applications for grants/and or reimbursements and authorize the Mayor to enter into all agreements and execute any and all instruments necessary on behalf of the City of Salem. Councillor Moved suspension of rules Councillor Object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption by roll call vote YEAS NAYS ABSENT COMMUNICATIONS FROM THE MAYOR Appropriation of $30,000.00 from “Capital Outlay Equipment” to be expended for repair of Salem Witch Trial Memorial Councillor Moved suspension of rules Councillor Object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption VOTED Appropriation of $6,223.74 from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” to be expended for the retirement of Donna Griggs. Councillor Moved suspension of rules Councillor Object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption VOTED COMMUNICATIONS FROM THE MAYOR Appropriation of $2,368.00 from “Capital Outlay – Equipment” to be expended for the repair of damaged water line in the South Harbor Garage Councillor Moved suspension of rules Councillor Object Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption VOTED Transfer of $7,000.00 from “Human Resources – Unemployment” to “Human Resources – Workers Compensation Medical” account Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance under rules (no suspension needed) or Moved Adoption VOTED COMMUNICATIONS FROM THE MAYOR ORDER: Accept donations of $3,000.00 from the City of Lynn and $1,000.00 from Tache Real Estate Inc. for the Salem Police Department DARE Summer Camp Fund. Action Contemplated Councillor McCarthy Moved Adoption Voted ORDER: Accept a donation of $2,000.00 from the Salem Five Savings Bank for the Salem Police Department DARE Summer Camp Fund. 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 May 31, 2012 be referred to the Committee on Administration and Finance. Councillor McCarthy Moved Adoption Voted Councillor McCarthy ORDER: That the monthly Financial Report dated April 30, 2012 be referred to the Committee on Administration and Finance. Councillor McCarthy Moved Adoption Voted Councillor McCarthy ORDINANCE: amending Traffic, Ch. 42, Sec. 74, Towing Zones Congress Street, easterly side starting at the driveway of #23 and extending to Wharf Street. Action Contemplated Councillor McCarthy Moved Adoption for first passage Voted MOTIONS, ORDERS, AND RESOLUTIONS Councillor Sosnowski RESOLUTION: Michael P. Coleman for dedicated service as President of the Salem Common Neighborhood Association. Action Contemplated Councillor Sosnowksi Moved Adoption Voted Councillor Lovely ORDER: That the regular meeting of the City Council for the months of July and August be combined and held on Thursday, July 12, 2012. Action Contemplated Councillor Lovely Moved Adoption Voted Councillor Ryan ORDER: That independent legal council review and provide a legal opinion on the PUD in the BPD. Specifically 7.3.3 of the City of Salem Zoning Ordinance, Number 3 – In the Business Park Development (BPD) district, residential uses and associated improvements, such as parking and landscaping, cannot exceed 50% of the land area of the parcel(s); or in the case of mixed use buildings, residential uses cannot exceed 50% of the gross square footage of the proposed development.” 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 the granting certain licenses, has considered said matter and would recommend that the Tag Day application for Salem Legion Baseball, July 21, 2012 & July 22, 2012 be granted. 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 Committee of the Whole to whom was referred the matter of the adopting criteria for Home Rule Petitions – Additional Liquor Licenses, adopting criteria and reviewing rules for granting and transferring Seasonal Liquor Licenses, and temporary moratorium on issuance of seasonal liquor licenses has considered said matter and would recommend establishing a sub-committee to finalize criteria for home rule petitions and seasonal liquor licenses 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 for Richard Cole on the denial of his taxi operator license and has considered said matter and would recommend approval 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 for Peter White on the denial of his public guide has considered said matter and would recommend approval 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 the Budget Analyst Services has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted COUNCILLOR Ryan offered the following report for the Committee on Community and Economic Development to whom was referred the matter of the petition submitted from Arthur King regarding the leasing of City Owned Land has considered the matter and would recommend that the matter remain in Committee Accept the report Voted Adopt the recommendation Voted COUNCILLOR Ryan offered the following report for the Committee on Community and Economic Development to whom was referred the matter of creating an Ordinance for limits on density variances has considered the 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 to whom was referred the matter of the removal of the no left turn signal sign on Franklin Street has considered said matter 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 whom was referred the matter of double poles has considered said matter and would recommend (action unknown meeting took place after agenda deadline) 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 whom was referred the matter of street openings by Verizon has considered said matter and would recommend (action unknown meeting took place after agenda deadline) 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 whom was referred the matter of security cameras at playgrounds has considered said matter 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 residents of Lincoln and Monroe Streets (Pickman Park) to hold a block party on July 3, 2012 from 5:30 P.M. to 9:30 P.M. Action Contemplated Councillor Moved Approval Voted Request from residents of Shore Avenue to hold a block party on July 4, 2012 from Noon to 10:00 P.M. Action Contemplated Councillor Moved Approval Voted Request from residents of Hemenway Road to hold a block party on July 4, 2012 from 9:00 A.M. to 8:00 P.M. with a rain date of July 7, 2012 Action Contemplated Councillor Moved Approval Voted Request of residents of Beaver Street to hold a block party on July 7, 2012 from 2:00 P.M. to 10:00 P.M. with a rain date of July 14, 2012 Action Contemplated Councillor Moved Approval Voted PETITIONS Request from residents of Moffatt Road to hold a block party on July 14, 2012 from 9:00 A.M. to 9:00 P.M. with a rain date of July 15, 2012 Action Contemplated Councillor Moved Approval Voted Request from Parents United of Salem to hold a road race and use of city streets on December 9, 2012 Action Contemplated Councillor Moved Granted Voted Communications form Cycle for Life for a bike run through Salem on September 8, 2012 Action Contemplated Councillor Moved Granted Voted Petition from Extenet Systems for poles on Ward, Lafayette and Congress Streets HEARING ORDERED JUNE 28, 2012 PETITIONS Petition from Attorney George Atkins for AL Prime Consultants for extended hours of operation HEARING ORDERED JUNE 28, 2012 Application for increase of Inflammable License for a total of 40,000 gallons at 175 Lafayette Street HEARING ORDERED JUNE 28, 2012 The following license applications: PUBLIC GUIDE Nicole Hanscom, 5 Osborne St., Salem Action Contemplated Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted Licenses and Legal Affairs PETITIONS The following license applications: TAXI OPERATOR Milciades Pichardo, 16 Hersey St., Salem VEHICLE FOR HIRE Salem Trolley, 8 Central St., Salem (6 Trolleys) VEHICLE FOR HIRE OPERATOR ONLY Benjamin Kelley, 412 Cabot St., Beverly Action Contemplated Councillor Sosnowski Moved Granted Voted Hearing Request from Thomas Vallor on the denial of his Public Guide License Action Contemplated Councillor Sosnowski Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs to hold an Executive Session The Following Claims Louis Arak, 12 Abell Ave., Ipswich Action Contemplated Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted Licenses and Legal Affairs UNFINISHED BUSINESS SECOND PASSAGE BOND ORDER for the sum of $1,790,000.00 for Capital Equipment and Improvement Projects in accordance with M.G.L. Chapter 44, Sections 7(3A) and 7(9). Councillor Motion Adoption for Second & Final passage by Roll Call Vote of YEAS, NAYS, ABSENT ______________________________________________________________________________ SECOND PASSAGE of an Ordinance amending Chapter 44, Sections 31 – 44 Vehicle for Hire, Taxi Cabs, Liveries and Limousines effective July 1, 2012. Councillor Sosnowski Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ SECOND PASSAGE of an Ordinance amending Chapter 14, Sections 14 – 38, Business Licenses and Fees for Taxi Cabs. Councillor Sosnowski Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ UNFINISHED BUSINESS SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 74 add Resident Sticker Parking to list of towing offenses. Councillor Sosnowski Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 8 Zones of Quiet in front of #356 Essex Street Councillor Sosnowski Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 56 Parking Meter Zones Established Repeal Gedney Street, Hawthorne Blvd. and Margin St. Councillor Sosnowski Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.