City of Salem, MA - City Council Agenda 07-19-2012

City Council Agenda 07-19-2012


	“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, July 19, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on July 13, 2012 at 10:32 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 ORDER: Extenent Systems to install poles on Ward, Lafayette and Congress Streets IN FAVOR: OPPOSED: HEARING CLOSED: Action Contemplated COUNCILLOR MCCARTHY MOVED VOTED HEARINGS Request from Attorney George Atkins for AL Prime Energy Consultants for extended hours of operation (Prime Gas Station) for twenty-four hours, seven days a week IN FAVOR: OPPOSED: HEARING CLOSED: Action Contemplated COUNCILLOR MCCARTHY MOVED VOTED HEARINGS Application for increase of Inflammable License for a total of 40,000 gallons at 175 Lafayette Street IN FAVOR: OPPOSED: HEARING CLOSED: Action Contemplated COUNCILLOR MCCARTHY MOVED VOTED APPOINTMENTS AND REAPPOINTMENTS Held from last meeting the Mayor’s appt. of Patricia H. Donahue to serve on the Cemetery Commission with a term to expire on February 1, 2013. Councillor Prevey Suspension of the rules Councillor Objection Action Contemplated Councillor Prevey Moved Confirmation by RCV YEAS NAYS ABS Mayor’s reappt. of the following Department Heads with the following terms to expire: Doug Bollen, Dir. of Recreation & Community Services Term to Expire: January 31, 2014 Nina Bridgman, Assistant Finance Director Term to Expire: January 31, 2014 Lisa Cammarata, Dir. of Human Resources Term to Expire: January 31, 2014 Lynn Goonin Duncan, Dir. of Planning & Comm. Dev. Term to Expire: January 31, 2014 John Giardi, City Electrician Term to Expire: January 31, 2014 James Hacker, Executive Parking Director Term to Expire: January 31, 2014 Deborah Jackson, Director of Assessing Term to Expire: January 31, 2013 David Knowlton, City Engineer Term to Expire: January 31, 2014 Richard Rennard, Dir. of Public Services Term to Expire: January 31, 2014 Thomas St. Pierre, Dir. of Inspectional Services Term to Expire: January 31, 2014 Richard Viscay, Dir. of Finance/Auditor Term to Expire: January 31, 2014 Kathy Winn, Asst. Planning Dir. Term to Expire: January 31, 2014 Action Contemplated Councillor Moved Confirmation by RCV YEAS NAYS ABS COMMUNICATIONS FROM THE MAYOR Appropriation of $67,330.38 from the “Retirement Stabilization Fund Vacation/Sick Leave Buyback” account to be expended for the retirement buyback of the following: Andre Ouellette Police Dept. 55,782.55 Deborah Linskey School 11,547.83 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 $497,835.60 from the “Retirement Stabilization Fund Vacation/Sick Leave Buyback” account to be expended for the retirement buyback of a list of School Department employees. 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 COMMUNICATIONS FROM THE MAYOR Appropriation of $200,000.00 from the “Retained Earnings – Sewer Fund” account to the “Engineering – Sewer System Improvement Program” account 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 Appropriation of $165,321.95 from the “Fund Balance – Free Cash” account to the following Special Revenue funds: Stabilization Fund 55,321.95 CIP Fund 55,000.00 Retirement Stabilization Fund 55,000.00 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 COMMUNICATIONS FROM THE MAYOR Appropriation of $71,616.05 from the “Fund Balance – Free Cash” account to “Police – FT Salaries” account 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 Appropriation of $7,400.00 from the “Capital Outlay – Renovations & Repairs” account to be expended for the repair of broken drains at Museum Place 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 COMMUNICATIONS FROM THE MAYOR Transfer of a total of $197,593.45 from several accounts to fund shortfalls in line items throughout the budget. Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance (no suspension needed) or Moved Adoption Transfer of $102,210.00 from “HR Group Insurance Health Reimbursement” account to “Health Insurance Trust Fund” Councillor McCathy Action contemplated Moved Refer to Committee on Administration & Finance (no suspension needed) or Moved Adoption ORDER: Accept donations totaling in the amount of $14,000.00 from the following to the Police Dept. Summer Camp Fund: Mass Eastern District Attorney 7,000.00 Rotary of Marblehead Harbor 1,000.00 Essex Lodge A.F. & A.M. 1,000.00 Town of Danvers/Daversbank 2,500.00 Saugus Police/Waste Mgmt 2,500.00 Action Contemplated Councillor McCarthy Moved Adoption Voted COMMUNICATIONS FROM THE MAYOR ORDER: Accept a donation in the amount of $2,500.00 from Stanley Szwartz and Jacqueline Washburn for stone dust on walking path at Splaine Park. Action Contemplated Councillor McCarthy Moved Adoption Voted ORDER: That the following rates with effective dates for Sewer and Water be adopted in accordance with the recommendation of Her Honor the Mayor That effective July 1, 2012, Sewer Rates be increased by 4% That effective July 1, 2013, Sewer Rates be increased by 4% That effective July 1, 2014, Sewer Rates be increased by 4% That effective July 1, 2012, Water Rates be increased by 9% That effective July 1, 2013, Water Rates be increased by 4% That effective July 1, 2014, Water Rates be increased by 4% Action Contemplated Councillor McCarthy Moved Adoption Voted MAYOR’S INFORMATIONAL PAGE NONE MOTIONS, ORDERS, AND RESOLUTIONS Councillor Prevey ORDER: Orne Street at North Street remove “No Turn on Red” sign and replace with “Turning Traffic Must Yield to Predestrians” sign for a trial period of up to 60 days. Councillor Prevey Moved Adoption Voted Councillor Siegel ORDINANCE amending Traffic, Handicapped Zones, Limited Time, Repeal Hathorne Street in front of #80-82. Councillor Siegel Moved Adoption for first passage Voted Councillor McCarthy ORDINANCE amending Traffic, Handicapped Zones, Limited Time, Beach Avenue in front of #23, for a distance of 20 feet. Councillor Sietel Moved Adoption for first passage Voted Councillor O’Keefe ORDER: That the meeting of the qualified voters of the City of Salem be held in the several voting precincts in the City at the polling places designated on Thursday, September 6, 2012. Councillor O’Keefe 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 following licenses be granted PUBLIC GUIDE Sydney Drayton, 32 Forrester St., Salem Jeffery S. Koppe, 51 Lafayette St., #609, Salem Peter J. Quinn, 12 Summer St. Salem TAG DAY Salem High School Cross Country, Sept. 23, 2012 Salem High School Cross Crountry, Oct. 13, 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 public guide licenses for Thomas Vallor 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 co-posted with the Committee of the Whole to whom was referred the matter of a repealing a zoning ordinance relative to Article VII, Sec. 7-15 Planned Unit Development in a Business Park District has considered said matter and would recommend that the Council move to schedule a joint public hearing with Planning Board to repeal this ordinance Accept the report Voted Adopt the recommendation Voted COMMITTEE REPORTS COUNCILLOR Ryan 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 the Resolution to support the MBTA’s request for waiver of submittal of Environmental Impact Report 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 to whom was referred the matter of the No Left Turn Sign to be removed on Franklin Street at North Street 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 Security Cameras at Playgrounds has considered said matter and would recommend that the matter remain in committee and that a subcommittee be formed including Councillor Turiel, Councillor Siegel, Sgt. King and Doug Bollen to look into the types and cost of cameras and that the subcommittee report back to the PHSE committee 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 Double Pole Issues has considered said matter and would recommend that the matter remain in committee and that the Solicitor draft an ordinance prohibiting double poles and report back to the 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 Street Opening Issues has considered said matter and would recommend that the matter remain in committee and that the petition process of opening streets be reviewed 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 the authorizing the Peabody Essex Museum to obstruct a portion of Essex Street for their expansion project 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 Lovely offered the following report for the Committee of the Whole to whom was referred the matter of the possibility of placing the Community Preservation Act on the November ballot has considered said matter and would recommend that the matter remain in committee and that the Solicitor draft the ballot language Accept the report Voted Adopt the recommendation Voted COMMUNICATIONS FROM CITY OFFICIALS NONE PETITIONS Petition from National Grid to install a conduit on Chestnut Street HEARING ORDERED SEPTEMBER 13, 2012 ______________________________________________________________________________ Petition from Attorney George Atkins on behalf of Bartlett and Steadman to name certain streets in a new subdivision located off Dell Street in Ward Four Action Contemplated Councillor Ryan Moved Voted Request from residents of Chandler Road to hold a block party on August 11^th, 2012 from 11:00 A.M. to 9:00 P.M. with a rain date of August 12^th, 2012. Action Contemplated Councillor O’Keefe Moved Approval Voted Request from residents of Fowler/N. Pine Street to hold a block party on August 18^th, 2012 from 2:00 P.M. to 11:00 P.M. with a rain date of September 8, 2012. Action Contemplated Councillor Sosnowski Moved Approval Voted Request from residents of Forrester Street to hold a block party on September 8^th, 2012 from 3:00 P.M. to 7:00 P.M. with a rain date of September 9, 2012. Action Contemplated Councillor Sosnowski Moved Approval Voted PETITIONS The following license applications: PUBLIC GUIDE Kevin Gutowski, 28 Ellerton St. #1, Revere Emily Reardon, 93 Linden St., Salem Kevin Stirnweis, 26 Ruby Ave., Marblehead Anna MacInnis, 5 Daly St., Worcester Sarah Carter, 277 Lafayette St. #2, Salem Edward Gannon Jr., 262 Weaver Hill Rd., W. Greenwich, RI Joseph Ferry, 262 Weaver Hill Rd., W. Greenwich, RI Michael Blunt, 62 Birch St., Unionville, CT Phylicia George, 2 Hosmer Ave., Salem Jenna Lourenco, 25 Addison St., Arlington SECOND HAND VALUABLE 24/7 Coin & Jewelry, 140 Derby St., Salem Once & Again Too, 117 Bridge St., Salem TAG DAY S.H.S. Girls Soccer, September 9, 2012 & October 21, 2012 TAXI CAB Salem Taxi, 27 Congress St., Salem (3) Landjet Inc., 215 Salem St., Woburn (2) TAXI OPERATORS Scott Payne, 217 Winn St., Woburn James Finney, 215 Salem St., Woburn Ashley Marchesi, 7 Everett Ave., Wilmington Michael Marshall, 19 Eastern Ave., Gloucester Israel Pool, 14 Harrison Ave, Salem Rafael Franco-Rosario, 9 Whitaker Way, Beverly Rudis Rosa, 260 Washington St., Salem VEHICLE FOR HIRE Helen Jaworski, 81 Ocean Ave., Salem OPERATORS ONLY Sheila Marshall, 1 Dahlia Ave., Peabody Action Contemplated Councillor Sosnowski Moved Granted Voted PETITIONS The Following Public Guide License: Garrison C. Bond, 6 Clarkwood St., Mattapan Action Contemplated Councillor Sosnowski Moved Denied Voted The Following Drainlayer/Contract Operator License Applications KCC Excavation, LLC., 668 Main St., Wilmington P.A. Fiore Construction, 183 Hart St., Beverly Action Contemplated Councillor Sosnowski Moved Granted Voted The Following Claims Krystal Ayotte, 9-H Merrimac Way, Tyngsboro Brad Papalardo, 141 Washington St. #2, Salem Susan Stehfest, 6 Boardman St., Salem Action Contemplated Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted Licenses and Legal Affairs PETITIONS The following Bonds: CONSTABLE DRAINLAYER KCC Excavation, LLC., 668 Main St., Wilmington SIGN Howling Wolf Taqueria, 76 Lafayette St., Salem Councillor Sosnowski Moved Ref. to Committee on Ordinances, Licenses & Legal Affairs & return approved Voted UNFINISHED BUSINESS SECOND PASSAGE of a Bond Order for refunding of outstanding bonds related to prior school construction. Councillor McCarthy Motion Adoption for Second & Final passage By roll call vote yeas, nays absent ______________________________________________________________________________ SECOND PASSAGE of an Ordinance amending Public Guide Licenses Ch. 40, Sec. 27-31. Councillor Sosnowski Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ SECOND PASSAGE of an Ordinance amending Fees Ch. 14, Sec. 38 related to Public Guide. Councillor Sosnowski Motion Adoption for Second & Final passage Voted ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.