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City Council Agenda 05-12-2011
“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,

May 12, 2011 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of
this meeting was posted on May 5, 2011 at 5:50 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



HEARINGS

ORDER:  Verizon to install conduits on Ames, Ferry and Thorndike Streets


IN FAVOR:





OPPOSED:





HEARING CLOSED:


COUNCILLOR              MOVED GRANTED                                           VOTED


Order:  National Grid to install a conduit on Durkin Road


IN FAVOR:





OPPOSED:





HEARING CLOSED:


COUNCILLOR              MOVED GRANTED                                           VOTED




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                   


Held from last meeting Mayor’s appointment of John Jodoin to serve as a member of the Commission on Disabilities with a term to expire on February 1, 2014



Action Contemplated



COUNCILLOR                      Moved Confirmation by RCV       YEAS         NAYS         ABS                   


Mayor’s reappt. of  the following to serve as a Constables with the following terms to expire:

                        
                Richard Cornacchini, 96 Light St., Lynn         Term to Expire:  June 24, 2014
                Gregory Iovanello, 23 Main St., Topsfield       Term to Expire:  March 16, 2012



Action Contemplated

Councillor                      Moved Received & Filed                                          Voted



COMMUNICATIONS FROM THE MAYOR

Appropriation of $55,000.00 from “Retained Earnings – Sewer” to “Public Services – Sewer Fuel”


C.                        suspension of rules                           C.                      Object



Action contemplated

COUNCILLOR                              Moved Ref. to Committee                         Voted
                                                On Administration & Finance
                                                Under the Rules


Appropriation of $55,000.00 from “Retained Earnings – Water” to “Public Services – Water Fuel”


C.                        suspension of rules                           C.                      Object



Action contemplated

COUNCILLOR                              Moved Ref. to Committee                         Voted
                                                On Administration & Finance
                                                Under the Rules


Appropriation of $50,000.00 from “Capital Outlay – Renovations & Repairs” to be expended for renovations and repairs to McGrath Park Soccer Field



Councillor                      suspension of rules                     Councillor                      objection




Action contemplated

COUNCILLOR                              Moved Ref. to Committee                         Voted
                                                On Administration & Finance
                                                Under rules

COMMUNICATIONS FROM THE MAYOR

Appropriation of $19,584.00 to the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement of James Durkin from the Electrical Department


Councillor                      suspension of rules                     Councillor                      objection



Action contemplated

COUNCILLOR                              Moved Ref. to Committee                         Voted
                                                On Administration & Finance
                                                Under the Rules

                        
Appropriation of $500.00 from “Harbormaster – Receipts Reserved” to “Harbormaster – Electricity”


Councillor                      suspension of rules                     Councillor                      objection


Action contemplated

COUNCILLOR                              Moved Ref. to Committee                         Voted
                                                On Administration & Finance
                                                Under the Rules

                        
ORDER:  Authorize the Mayor and Park and Recreation Committee to enter into a three year lease agreement with the Salem YMCA for the use of Camp Naumkeag



Action Contemplated



COUNCILLOR                              Moved Approved                                  Voted


COMMUNICATIONS FROM THE MAYOR

Request from the Mayor to hold a joint meeting between the City Council and the School Committee for the purpose of discussing upcoming School Building Projects





Action Contemplated


COUNCILLOR                      Moved Refer to Committee of the Whole                   Voted
                                        To hold a Joint Meeting with the School
                                        Committee



MAYOR’S INFORMATIONAL PAGE

NONE



MOTIONS, ORDERS, AND RESOLUTIONS


Councillor McCarthy

ORDER: Monthly Financial Report dated March 31, 2011 be referred to Committee on Administration & Finance.




Action contemplated

COUNCILLOR McCarthy                     Moved Approval                                  Voted


Councillor Prevey

ORDER: that the Committee on Public Health, Safety and Environment meet to discuss the state of the proposed gas station on 111 North Street.




Action contemplated

COUNCILLOR Prevey                       Moved Adoption                                  Voted

______________________________________________________________________________

Councillor Prevey

ORDINANCE: relative to Traffic Ch. 42 Section 50B Handicapped Zones, Limited Time,
repeal Buffum St. in front of #40.





Action contemplated

COUNCILLOR Prevey                       Moved Adoption for first passage                        Voted




MOTIONS, ORDERS, AND RESOLUTIONS

Councillor Ronan

ORDINANCE: amending Chapter 2 Section 2-502  Budget Preparation, by adding section (a) that the City Council shall approve by a separate majority roll call vote taken independently and before any vote of the city’s annual budget, any tax increase of any amount up to 2 ½ per cent (exclusive of new growth) over the prior fiscal year. This ordinance shall provide the tax payers with an additional level of accountability for tax increases and shall be additional to the requirements set forth in MGL c.59 S.21C (so called “Proposition 2 ½ “). Tax increases of 2 ½ % or more remain subject to the requirement of voter approval as set forth in the statute. This ordinance shall effect tax increases (exclusive of new growth) up to the 2 ½ % statutory threshold.




Action contemplated

COUNCILLOR Ronan                Moved Adoption for first passage                        Voted




COMMITTEE REPORTS

COUNCILLOR O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs regarding granting certain licenses and would recommend approval

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


Accept the report                                       Voted

Adopt the recommendation                        Voted



COUNCILLOR O’Keefe 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 and would recommend that the City Solicitor make a recommendation regarding the opening of the Sidewalk at the Tavern and report back to the committee

Accept the report                                       Voted

Adopt the recommendation                        Voted








COMMITTEE REPORTS

COUNCILLOR O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs regarding the hearing for a taxi operator license for Raymond Garland and would recommend granting a 30 day temporary license pending receipt of more information by the committee

Accept the report                                       Voted

Adopt the recommendation                        Voted


COUNCILLOR O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs regarding the painting of traffic lines creating two lanes on Washington Street and would recommend the matter remain in committee while the police traffic division reviews the proposed area affected and reports back their recommendations to the committee

Accept the report                                       Voted

Adopt the recommendation                        Voted



COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance regarding a $15,000 appropriation from Free Cash to Police – Medical Active and would recommend (meeting held after agenda deadline action unknown)



Accept the report                                       Voted

Adopt the recommendation                        Voted

_____________________________________________________________________________

COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance regarding a $15,461 appropriation from Free Cash to City Hall Taxes ($12,761) and Rent ($2,700) and would recommend (meeting held after agenda deadline action unknown)


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 $13,000 appropriation from Free Cash to Public Property Oil Heat and would recommend (meeting held after agenda deadline action unknown)

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 transfer to Council Printing and Binding and would recommend (meeting held after agenda deadline action unknown)

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 a $20,000 appropriation from Free Cash to Fire Apparatus Repair and would recommend (meeting held after agenda deadline action unknown)

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 closing date for Szetela Lane and would recommend (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 Pre-Disaster Mitigation Presentation and would recommend (meeting held after agenda deadline action unknown)
Accept the report                                       Voted

Adopt the recommendation                        Voted



COMMUNICATIONS FROM CITY OFFICIALS
                                                        NONE


PETITIONS

The Following Licenses:

PUBLIC GUIDES           Roberta Rimari, 18 Porter St., Beverly
                                Stephen Baglioni, 18 Porter St., Beverly
                                Merrill Kohlhofer, 44 Beaver St., Salem
                                Spencer Riley, 18 Pawtucket Blvd., Tyngsborough
                                Serra Langone, 25 Brookside Ln., Burlington
                                Devin Little, 22 Webb St., Salem
                                        
TAG DAYS                        S.H.S. Class of 2012 , July 31, 2011
                                Salem Legion Baseball, June 25 & 26, 2011



Action contemplated


COUNCILLOR                      Moved Ref. to the Comm. on Ord.,                        VOTED
                                        Licenses & Legal Affairs


The Following Licenses:

TAXI OPERATORS          Timothy Keane, 42 Buffum St. #2, Salem
                                Elliott Eflin, 461 Lowell St., Peabody          



Action Contemplated

COUNCILLOR                      Moved Denied                                            Voted


Request from Timothy Keane for a hearing on the denial of his taxi operator license


Action Contemplated


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


                                                PETITIONS

Request from Elliott Eflin for a hearing on the denial of his taxi operator license


Action Contemplated


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


The following Drainlayer/Contract Operator Licenses:

                        Caruso Corporation, 320 Charger St., Revere


Action contemplated


COUNCILLOR                      Moved Granted                                           Voted

                                                
The Following Claim:
                                
                                Patricia Kosian, 7 Forrester St. #2, Salem              

                                
Action contemplated

COUNCILLOR                      Moved Refer to Comm. on Ord.,
                                        Licenses & Legal Affairs                                        Voted


                        
UNFINISHED BUSINESS

                                                        NONE













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