City of Salem, MA - City Council Agenda 04-28-2011

City Council Agenda 04-28-2011


	“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 28, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 21, 2011 at 6:37 P.M. This meeting is being taped and is live on S.A.T.V. Absent were: Council President Ryan presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Ryan 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 EXECUTIVE SESSION Councillor moved to take out of order under Communications from City officials are request from the City Solicitor hold an Executive Session, to discuss potential settlement of a lawsuit filed in the U.S. District Court, and at the end of the Executive session the regular meeting will continue. VOTED Councillor moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session, and at the end of the Executive Session, the regular meeting will continue. Roll Call Vote YEAS NAYS ABSENT Following the Executive Session Councillor moved that the regular meeting be continued. VOTED HEARINGS NONE APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s appointment of Julie Carver to serve as a member of the Council on Aging with a term to expire on April 1, 2014 Action contemplated COUNCILLOR Moved Confirmation by RCV YEAS NAYS ABS Mayor’s appointment of John Jodoin to serve as a member of the Commission on Disablities Councillor Suspension of the rules Councillor objection Action Contemplated Councillor Held under the Rules Voted OR Moved Confirmation by RCV Mayor’s reappt. of Dana Wiliamson to serve as a Constable with the term to expire on April 18, 2012 Action Contemplated Councillor Moved Received & Filed Voted COMMUNICATIONS FROM THE MAYOR Appropriation of $15,000.00 from “Fund Balance – Free Cash” account to “Police – Medical Active” account. C. suspension Of rules C. Object Action contemplated COUNCILLOR Moved Ref. to Committee Voted On Administration & Finance Transfer of $5,000.00 from “Elections – Poll Workers” and “Elections – Voting Machine Services” to “City Council – Printing & Binding” account Action contemplated COUNCILLOR Moved Ref. to Committee Voted On Administration & Finance Under rules Appropriation of $3,790.00 from “Capital Outlay – Renovations & Repairs” account to be expended for the repair of elevator doors at Museum Place Garage. Councillor suspension Of rules Councillor objection Action contemplated COUNCILLOR Moved Ref. to Committee Voted On Administration & Finance Under rules COMMUNICATIONS FROM THE MAYOR ORDER: Accept donation of $4,000.00 from the City of Peabody for the Police Dept. Summer Camp Program Action contemplated COUNCILLOR Moved Approval Voted ORDER: Accept donation of $1,000.00 from Dominion Energy Salem Harbor LLC for the Police Dept. Summer Camp Program Action contemplated COUNCILLOR Moved Approval Voted ORDER: Accept donation of $1,000.00 from Tache Real Estate Inc. for the Police Dept. Summer Camp Program Action contemplated COUNCILLOR Moved Approval Voted COMMUNICATIONS FROM THE MAYOR RECEIVED AFTER THE DEADLINE OF TUESDAY NOON Councillor Suspend of Rules Councillor Object Appropriation of $20,000.00 from “Fund Balance – Free Cash” account to “Fire – Apparatus Repair” account Councillor suspension Of rules Councillor objection Action contemplated COUNCILLOR Moved Ref. to Committee Voted On Administration & Finance Under rules RECEIVED AFTER THE DEADLINE OF TUESDAY NOON Councillor Suspend of Rules Councillor Object Appropriation of $15,461.00 from “Fund Balance – Free Cash” account to “Public Property – City Hall Annex Taxes” and “Public Property – City Hall Annex Rent” accounts Councillor suspension Of rules Councillor objection Action contemplated COUNCILLOR Moved Ref. to Committee Voted On Administration & Finance Under rules COMMUNICATIONS FROM THE MAYOR RECEIVED AFTER THE DEADLINE OF TUESDAY NOON Councillor Suspend of Rules Councillor Object Appropriation of $13,000.00 from “Fund Balance – Free Cash” account to “Public Property – Oil Heat” account Councillor suspension Of rules Councillor objection Action contemplated COUNCILLOR Moved Ref. to Committee Voted On Administration & Finance Under rules MAYOR’S INFORMATIONAL PAGE NONE MOTIONS, ORDERS, AND RESOLUTIONS Councillor McCarthy ORDER: Year to date Budget Report dated March 31, 2011 be referred to Committee on Administration & Finance. Action contemplated COUNCILLOR McCarthy Moved Approval Voted Councillor Sosnowski RESOLUTION: 220^TH Anniversary of the Polish Constitution, May 3^rd 1791 – May 3^rd, 2011. Action contemplated COUNCILLOR Sosnowski Moved Adoption Voted ______________________________________________________________________________ Councillor Pinto RESOLUTION: The 25^TH Anniversary of the Salem Little League and that May 1^st be declared Little League Day. Action contemplated COUNCILLOR Sosnowski Moved Adoption Voted MOTIONS, ORDERS, AND RESOLUTIONS Councillor Pinto Take from the Table the Mayor’s Veto of an Ordinance relative to Compensation of Elected Officials Chapter 2 Section 2-278 Action Contemplated Shall the Ordinance be adopted not withstanding the Veto of the Mayor? Roll Call Vote YEAS NAYS ABS COMMITTEE REPORTS COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs regarding granting certain licenses and would recommend approval PUBLIC GUIDES Ronald Olson, 154 Lafayette St., Salem Kevin Whynott, 64 Veterans Memorial Dr., Peabody Michael McIntyre, 77 Summer St. #1, Salem Katelyn Gordon, 33 Franklin St., Salem Haven Mary McGovern, 205 Bridge St. #205, Salem TAG DAYS S.H.S. Softball, June 5, 2011 and June 19, 2011 S.H.S. La Union Latina Club, June 11 & 12, 2011 Franco American War Vets, August 19 & 20, 2011 Accept the report Voted Adopt the recommendation Voted COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole regarding amending an ordinance for permitting of outdoor cafes in the Urban Renewal District by rescinding the SRA Authority and would recommend that the City Solicitor find proper language that the permitting authority for outdoor cafes stay with the SRA but any closure of street or sidewalk be subject to City Council approval and report back to committee and to add last sentence to Ch. 38 Sec 7(b) as long as the outside seating is contiguous with the business and as long as the sidewalk remains open to pedestrian under ADA compliance and open 24 hours per day, 7 days per week Accept the report Voted Adopt the recommendation Voted COMMITTEE REPORTS COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole regarding Use of Alcohol on Public Property and would recommend that the matter remain in committee and that the Solicitor forward to the committee the appropriate language to address issues raised relative to consumption of alcohol on public property Accept the report Voted Adopt the recommendation Voted COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs regarding an Ordinance relative to Maintenance of structures and property and would recommend that the matter remain in committee Accept the report Voted Adopt the recommendation Voted COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs regarding the Application for Outdoor seating for Jaho Coffee located at 197 Derby St. and would recommend approval pending approval by the DPS Director to paint line on the sidewalk delineating the seating area Accept the report Voted Adopt the recommendation Voted COMMITTEE REPORTS COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance regarding a $27,000 transfer from Collector-Salary to Treasurer-Salary and would recommend (action contemplated – approval) Accept the report Voted Adopt the recommendation Voted _____________________________________________________________________________ COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance regarding a $10,350.90 appropriation to Retirement Stabilization Sick/Vacation Buyback for a school employee and would recommend (action contemplated – approval) Accept the report Voted Adopt the recommendation Voted _____________________________________________________________________________ COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance regarding a $5,000 appropriation from Capital Outlay for traffic improvement signals at Canal and Mill Hill and would recommend (action contemplated – approval) Accept the report Voted Adopt the recommendation Voted _____________________________________________________________________________ COMMITTEE REPORTS COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance regarding a $1,677 transfer from Solicitor-Legal Services to Solicitor-Personnel and would recommend (action contemplated – approval) 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 regarding the submittal of the CDBG Application and would recommend (action contemplated – approval) Accept the report Voted Adopt the recommendation Voted _____________________________________________________________________________ COUNCILLOR Pelletier offered the following report for the Committee on Government Services co-posted with the Committee of the Whole regarding the Special Seasonal Right for Dion’s Boat Yard to use Forest Ave for the transportation of boats from September 15^th through November 15^th and May 15^th through July 15^th and would recommend (action contemplated – approval) Accept the report Voted Adopt the recommendation Voted _____________________________________________________________________________ COUNCILLOR Ryan offered the following report for the Committee of the Whole regarding the comprehensive parking plan recommendations and would recommend that (meeting held after agenda deadline action unknown) Accept the report Voted Adopt the recommendation Voted COMMITTEE REPORTS COUNCILLOR Ryan offered the following report for the Committee of the Whole regarding the traffic ordinance amendments relative to the parking plan recommendations and would recommend that (meeting held after agenda deadline action unknown) Accept the report Voted Adopt the recommendation Voted COUNCILLOR Ryan offered the following report for the Committee of the Whole regarding the establishing a parking and traffic commission and would recommend that (meeting held after agenda deadline action unknown) Accept the report Voted Adopt the recommendation Voted COMMUNICATIONS FROM CITY OFFICIALS Request from City Solicitor Elizabeth Rennard, to hold an Executive Session to discuss a potential settlement of a lawsuit filed in the U.S. District Court. Councillor moved that the City Council adjourn to the Council Anteroom to hold an Executive Session, and at the end of the Executive Session the regular meeting will continue. Roll Call Vote YEAS NAYS ABSENT PETITIONS Petition from Dennis R. Cataldo, Vice President of Cataldo Ambulance Service Inc., to amend the Zoning Ordinance for the property located at 111 Highland Avenue from R-1 Residential to B-4 Business Wholesale and Automotive. Councillor Pelletier Move to refer the matter to the Planning Board to Schedule a joint public hearing with the City Council Voted ______________________________________________________________________________ Petition from Verizon to install conduits on Ames, Ferry and Thorndike Streets HEARING ORDERD MAY 12, 2011 Petition from National Grid to install a conduit on Durkin Road HEARING ORDERED MAY 12, 2011 Request from B&S Fitness to hold four events and use of city streets on August 13, 2011 for the Jr. Triathlon from 11am – 2pm, August 14, 2011 for the Wild Fish Swim from 11:30am – 2pm, September 24, 2011 for the Wicked ½ Marathon from 7am to 1pm and October 29, 2011 for the Devil’s Chase 6.66 Miler. Action Contemplated Councillor Moved Approved Voted PETITIONS The Following Licenses: PUBLIC GUIDES Thomas Vallor, 140 Bridge St. #2, Salem SEAWORMS Louis Dos Santos, 57 Central St., Peabody Alexandrino DaSilva, 37 Harris St., Peabody Futimio Cunha, 89 Tremont St., Peabody Armando Borges, 7 Union St., Peabody SECOND HAND Forgotten Treasures, 107 Bridge St., Salem VALUABLE TAG DAYS Salem/Swampscott Youth Hockey, Sept. 3, 2011 & Oct. 22, 2011 S.H.S. Cross Country Team, September 18, 2011 S.H.S. Girls Volleyball, September 24, 2011 S.H.S. Cross Country Team, October 8, 2011 Knights of Columbus, October 9 & 10, 2011 S.H.S. Girls Volleyball, October 29, 2011 Action contemplated COUNCILLOR Moved Ref. to the Comm. on Ord., VOTED Licenses & Legal Affairs The Following Licenses TAXI OPERATORS Jesus Rosario, 42 Park St., Salem Willie Chandler, 10 Lynch St., Salem Kim Engdahl, 6 Thorndike St., Salem Linda Engdahl, 12 Palmer St., Salem Howard Bent, 45 Franklin St., Salem VEHICLE FOR HIRE Michael Newberg, 21 Brook Rd., Marblehead OPERATORS ONLY Frances Rennie, 19 Piedmont St., Salem Edward Murphy, 4 Paradise Rd., Ipswich James Breen, 80 Lowell St., Peabody Douglas Parker, 7 N. Pine St., Salem Action Contemplated COUNCILLOR Moved Granted Voted PETITIONS The following Drainlayer/Contract Operator Licenses: Ciampa Construction, 36 Dewey St., Saugus Joseph P. Cardillo & Son Inc., 1 Melvin St., Wakefield R&D Site Development, 7 Hemlock Lane, Groveland Action contemplated COUNCILLOR Moved Granted Voted The Following Claims: Keene Allen, 60 Pleasant St., Marblehead Action contemplated COUNCILLOR Moved Refer to Comm. on Ord., Licenses & Legal Affairs Voted The Following Bonds: DRAINLAYERS: Joseph P. Cardillo & Son Inc., 1 Melvin St., Wakefield R&D Site Development, 7 Hemlock Lane, Groveland Action contemplated COUNCILLOR Moved Refer to Comm. on Ord., Licenses & Legal Affairs & Ret. Appvd Voted UNFINISHED BUSINESS SECOND PASSAGE ORDINANCE amending Traffic C.42 S.57A Parking Time Limited, Unmetered Zone in front of #45 Bridge Street. Councillor Sosnowski Moved second & final passage Voted SECOND PASSAGE ORDINANCE amending Traffic C. 42, S.50B Handicap Parking, Japonica Avenue. Councillor Prevey Moved second & final passage Voted On the motion of COUNCILLOR the meeting adjourned at P.M.