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City Council Agenda JULY 17, 2008
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,

July 17, 2008 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of

this meeting was posted on July 10, 2008 at 5:38 P.M.
        

       All Councillors were present.

       Council President Michael Sosnowski presided.

Councillor Furey moved to dispense with the reading of the record of the previous meeting. It was so voted.


       President Sosnowski requested that everyone please rise to recite the Pledge of Allegiance.



#444 – CONDUIT ON FEDERAL STREET

        A hearing was held on the Order of Comcast for a conduit on Federal Street. Appearing in favor was Tim Broderick representative of Comcast. There was no one opposed. The Hearing was closed. On the motion of Councillor O’Keefe, the request was granted.


(#403) – APPT. OF AARON ALLEN TO THE AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES

        Held from the last meeting of June 26, 2008, the Mayor’s appointment of Aaron Allen to serve as a member of the Affordable Housing Trust Fund Board of Trustees with a term to expire on June 1, 2011, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.



(#404) – APPT. OF JEAN HARRISON TO THE COMMISSION ON DISABILITIES

        Held from the last meeting of June 26, 2008, the Mayor’s appointment of Jean Harrison to serve as a member of the Commission on Disabilities with a term to expire on June 1, 2011, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.






(#405) – APPT. OF REBECCA CHRISTIE TO THE CONSERVATION COMMISSION

        Held from the last meeting of June 26, 2008, the Mayor’s appointment of Rebecca Christie to serve as a member of the Conservation Commission with a term to expire on September 15, 2009, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.



(#406) – APPT. OF ELISA CASTILLO TO THE PLUMMER HOME FOR BOYS BOARD OF TRUSTEES

        Held from the last meeting of June 26, 2008, the Mayor’s appointment of Elisa Castillo to serve as a member of the Plummer Home for Boys Board of Trustees with a term to expire on June 1, 2013, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.



#445 – APPT. OF DAVID WEINER TO THE PLANNING BOARD

        The Mayor’s appointment of David Weiner to serve as a member of the Planning Board for a term to expire on July 1, 2013, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.


#446 – APPT. OF MICHAEL REITER TO THE HISTORIC DISTRICT COMMISSION

        The Mayor’s appointment of Michael Reiter to serve as a member of the Historic District Commission for a term to expire on July 1, 2011, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.


#447 – REAPPTS. TO THE BEAUTIFICATION COMMITTEE

        The Mayor’s reappointment of the following to serve as members of the Beautification Committee with all terms to expire on July 1, 2011, were confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent:
                
                        Judith Wolfe, 22 Winter St., Salem
                        Marcia Lambert, 26 Charles St., Salem
                        Mary Ellen Halliwell, 81 Orchard St., Salem
                        Kristen Picone-Barricelli, 1 Lincoln Rd., Salem





#448 – REAPPTS. TO THE BIKE PATH COMMITTEE
        The Mayor’s reappointment of the following to serve as members of the Bike Path Committee with both terms to expire on July 1, 2011, were confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent:

                        Rachel Hunt, 99 Essex St., Salem
                        Nancy Sacchetti, 72 Washington Sq. East, Salem



#449 – REAPPT. OF JOHN WALSH TO THE PARKING BOARD

        The Mayor’s reappointment of John Walsh to serve as a member of the Parking Board for a term to expire on July 1, 2009, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.


#450 – REAPPT. OF LAURIE BELLIN TO THE HISTORIC DISTRICT COMMISSION

        The Mayor’s reappointment of Laurie Bellin to serve as a member of the Historic District Commission for a term to expire on July 1, 2011, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.



#451 – APPR. TO RETIREMENT STABILIZATION FUND – VACATION / SICK LEAVE BUYBACK

        The following Order, recommended by the Mayor, was adopted under suspension of the rules.

        ORDERED: That the sum of Fifty-Five Thousand, Eight Hundred and Ten Dollars ($55,810.00) is hereby appropriated from the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for the School Department in accordance with the recommendation of Her Honor the Mayor.










#452 – TRANSFER TO VARIOUS ACCOUNTS

        The following Order, recommended by the Mayor, was adopted.

        ORDERED: That the sum of Two Hundred Sixty-Seven Thousand, Nine Hundred and Fifty-Four Dollars and Forty-two cents ($267,954.42) is hereby transferred within the accounts listed below in accordance with Her Honor the Mayor:

                From                            To                              Amount
        Pensions Non-Contrib            Medicare                        $12,900.00
        Charter Schools                 Medicare                        $17,820.00
        PP PT Salaries                  PP Taxes                        $7,000.00
        GIS FT Salaries                 MIS DP Maint            $3,361.18
        Elec-Office Supplies            Elec-FT Salaries                $4.00
        Elec-Office Supplies            Elec-OT                 $114.00
        GIS FT Salaries                 MIS FT Salaries         $30.00
        Planning Bd FT Salaries         Planning FT Salaries    $540.00
        Printing & Binding                      Mayor FT Salaries               $320.00
        Office Supplies                 Solicitor FT Salaries           $9.00
        Dues & Sub                              Purchasing FT Salaries  $9.00
        Consult Serv                            Medical Insurance               $23,630.00
        Unemployment                    Medical Insurance               $40,000.00
        Debt Service                            School CIP08            $78,192.00
        Debt Service                            School CIP08            $20,895.00
        Charter Schl Assmt                      School CIP08            $63,140.24

        Total                                                                   $267,954.42




#453 – TRANSFER TO HARBORMASTER – VEHICLE REPAIR

        The following Order, recommended by the Mayor, was adopted.

        ORDERED: That the sum of Sixteen Thousand, Three Hundred Dollars ($16,300.00) is hereby transferred from the “Receipts Reserved – Harbormaster” account to the “Harbormaster – Vehicle Repair” account in accordance with the recommendation of Her Honor the Mayor.








#454 – TRANSFER TO ENGINEERING WATER – FT SALARY

        The following Order, recommended by the Mayor, was adopted.

        ORDERED: That the sum of Eight Thousand, One Hundred Sixty-Six Dollars and Eleven Cents ($8,166.11) is hereby transferred from “Retained Earnings – Water Fund” account to the “Engineering Water – FT Salary” account in accordance with the recommendation of Her Honor the Mayor.


#455 was skipped

#456 – TRANSFER TO ENGINEERING SEWER – FT SALARY

        The following Order, recommended by the Mayor, was adopted.

        ORDERED: That the sum of Eight Thousand, One Hundred Sixty-Six Dollars and Eleven Cents ($8,166.11) is hereby transferred from “Retained Earnings – Sewer Fund” account to the “Engineering Sewer – FT Salary” account in accordance with the recommendation of Her Honor the Mayor.


#457 – TRANSFER TO VARIOUS GROUP INSURANCE LINES

        The following Order, recommended by the Mayor, was adopted.

        ORDERED: That the sum of Seven Thousand, Nine Hundred and Fifty-Two Dollars and Fifty-Six Cents ($7,952.56) is hereby transferred from  “Receipts Reserved – Golf Course” account and appropriated to the following Group Insurance lines in accordance with the recommendation of Her Honor the Mayor:

4th Quarter

                SS/Med  $756.97
                Health Ins      $3,945.75
                Life Ins        $40.24
                Dental Ins      $334.33
                Retirement      $2,875.27

                Total           $7,952.56






#458 – TRANSFER TO VARIOUS GROUP INSURANCE LINES

        The following Order, recommended by the Mayor, was adopted.

        ORDERED: That the sum of Five Thousand, Three Hundred and Forty-Seven Dollars and Ninety-One Cents ($5,347.91) is hereby transferred from  “Receipts Reserved – Harbormaster” account and appropriated to the following Group Insurance lines in accordance with the recommendation of Her Honor the Mayor:

4th Quarter

                SS/Med  $351.08
                Health Ins      $3,417.13
                Life Ins        $27.86
                Dental Ins      $49.90
                Retirement      $1,501.94

                Total           $5,347.91



#459 – TRANSFER TO VARIOUS GROUP INSURANCE LINES

        The following Order, recommended by the Mayor, was adopted.

        ORDERED: That the sum of Two Hundred Ten Dollars and Ninety-Nine Cents ($210.99) is hereby transferred from  “Receipts Reserved – Witch House” account and appropriated to the following Group Insurance lines in accordance with the recommendation of Her Honor the Mayor:

4th Quarter

                SS/Med  $210.99
                Health Ins      $0
                Life Ins        $0
                Dental Ins      $0
                Retirement      $0

                Total           $210.99








#460 – AUTHORIZE SUBMISSION OF STATEMENT OF INTEREST

        The following Order, recommended by the Mayor, was adopted.

        Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. L’Heureux from the School Department to speak.

        ORDERED: That the City Council authorizes the submission of Statement of Interest (SOI) forms to the Massachusetts School Building Authority (MSBA) in order to be eligible for future funding of school projects at the Collins Middle School.


Councillor O’Keefe assumed the Chair.

Council President Sosnowski resumed the Chair.


#461 - AUTHORIZE SUBMISSION OF STATEMENT OF INTEREST

        The following Order, recommended by the Mayor, was adopted. Councillors Veno and McCarthy were recorded as voting “present”.

        Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Alice Davis from the School Department to speak to explain the forms.

        ORDERED: That the City Council authorizes the submission of Statement of Interest (SOI) forms to the Massachusetts School Building Authority (MSBA) in order to be eligible for future funding of school projects at the Saltonstall School.

        

#462 – AN ACT FOR A HOME RULE PETITION FOR THE SALE OF ALCOHOLIC BEVERAGES AT 163-189 WASHINGTON STREET

        Councillor Ryan recused himself and left the Chamber.

        The following Order, recommended by the Mayor, was adopted by a roll call vote of 9 yeas, 1 nay, 1 absent.  Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as voting in the negative. Councillor Ryan was recorded as absent.

        Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.



        ORDERED: That petition to the General Court, accompanied by a bill for certain additional liquor licenses notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition:
        AN ACT authorizing the City of Salem to issue additional licenses for the sale of alcoholic beverages.
        Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Nothwithstanding the provisions of Section 17 of Chapter 138 of the General Laws, the licensing authority of the City of Salem may grant one additional license for the sale of all alcoholic beverages to be drunk on the premises under Section 12, of said Chapter 138 to Arcari Restaurant Group for a restaurant to be located at 163-189 Washington Street, Salem, Massachusetts. The license shall be subject to all of said Chapter 138 except Section 17.
Notwithstanding any General or special law, or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location.  Said license may be granted by the local alcohol licensing authority at the same location if an applicant that said license files with said authority a letter in writing from the Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid. If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the local alcohol licensing authority.
Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the local alcohol licensing authority may then grant the license to a new applicant at the same location and under the conditions as specified in the preceding paragraph.
SECTION 2. This Act shall take effect upon its passage.

Councillor Ryan returned to the Chamber.


#463 – ACCEPT DONATIONS FOR THE 4TH OF JULY EVENTS

        The following Order, recommended by the Mayor, was adopted.

        ORDERED: To accept the following donations to sponsor this year’s July 4th events and festivities:

        City View Trolley Tours         $3,000.00
        20th Century Fox Film Corp.     $1,000.00
        Peabody Essex Museum            $1,650.00
        Northside Carting                       $1,000.00
        Charing Cross Realty Trust      $1,000.00
        Pickering Wharf Realty Trust    $1,000.00

        Total                                   $8,650.00


#464 – SCHOOL DEPT. FIVE YEAR CONTRACT FOR PHOTOCOPY MACHINES & SUPPLIES

        The following Order, recommended by the Mayor, was adopted.

        ORDERED: That the Superintendent of Schools is hereby authorized to execute a five-year contract for photocopy machines and supplies with vendors Cannon and Xerox so that the School Department may reduce this expense and maximize lease options.


#465 – ONE YEAR LEASE EXTENSION FOR THE TRANSFER STATION

        The following Order, was received from the Mayor after the deadline of Tuesday Noon. Councillor Pelletier requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.

        The following Order, recommended by the Mayor, was referred to the Committee of the Whole.

        ORDERED: That the Mayor is authorized to execute a one year lease extension for the City’s Transfer Station located on Swampscott Road to Northside Carting, Inc. The terms of the lease shall include, at a minimum, the following:

·       Monthly lease payment of $1,050.00 ($12,600 annualized);

·       Acceptance free of charge of yard waste delivered to the site by Salem residents and City Departments



·       Acceptance of up to 50 lbs. of non-hazardous residential waste delivered to the site per trip by Salem residents and a reduction in cost $20.00 less per ton than going rate at Station, $5.00 minimum.
·       Acceptance free of charge waste generated by City Departments.

The Mayor is further authorized to execute an additional one year lease extension in the event that the City continues to own the subject property. The lease payment shall increase above the prior year’s rate by the CPI-Greater Boston area.

And finally, the Mayor is authorized to enter into an agreement with Northside Carting, Inc. for the payment of $12,500.00 for the use of the subject period during the two 6-month extensions granted by the City Council on March 27 and October 11, 2007 and which payment is due and payable upon the transfer of the subject property to Northside Carting, Inc or December 31, 2009, whichever date comes first.



#466 – ELECTION ORDER

        Councillor O’Keefe introduced the following Order, which was adopted.

CITY OF SALEM
ELECTION WARRANT
 STATE ELECTION


                                                                        July 17, 2008

ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter on Tuesday, September 16, 2008 for the purpose of casting votes in the State Election for the candidates of political parties for the following offices:

        SENATOR IN CONGRESS……………………. FOR THIS COMMONWEALTH
        SENATOR IN GENERAL COURT……………..SECOND ESSEX DISTRICT
        REPRESENTATIVE IN GENERAL COURT…..SEVENTH ESSEX DISTRICT
        REPRESENTATIVE IN CONGRESS…………..SIXTH CONGRESSIONAL DISTRICT
        COUNCILLOR…………………………………..FIFTH DISTRICT
        REGISTER OF PROBATE………………………ESSEX COUNTY
        

        FURTHER ORDERED: That the following places be and hereby are designated as polling places for said voting:
WARD ONE
PRECINCT ONE                    Bentley School, Memorial Drive
PRECINCT TWO            Recreation Room, 27 Charter Street

WARD TWO
                        PRECINCT ONE            Carlton School, 10 Skerry Street
                        PRECINCT TWO            Recreation Room, Salem Heights, Pope St.

WARD THREE
                        PRECINCT ONE            Council on Aging, 5 Broad Street
                        PRECINCT TWO            Ste. Anne’s School, 9 Cleveland Street

WARD FOUR
                        PRECINCT ONE            Community Room, Colonial Terrace
                        PRECINCT TWO            Princeton Crossing, Heritage Drive

WARD FIVE
                        PRECINCT ONE            Temple Shalom, 287 Lafayette Street
                        PRECINCT TWO            Community Room, Pioneer Terrace

WARD SIX
                        PRECINCT ONE            Bates School, Liberty Hill Avenue
                        PRECINCT TWO            Mack Park, Tremont Street

WARD SEVEN
                        PRECINCT ONE            Salem State Public Safety Bldg. 73 Loring Ave.
                        PRECINCT TWO            Salem State Gymnasium, Harrison Road

        FURTHER ORDERED: That the polls for said voting be opened at 7:00 A.M. and closed at 8:00 P.M. and that the City Clerk be instructed to post this notice as required by law.


#467 – (#364) - DISCHARGE TRASH FEE ORDINANCE FROM COMMITTEE

        Councillor Sargent recused himself and left the Chamber.

        Councillor Lovely introduced the following Order, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Sargent was recorded as absent.


        ORDERED: That the matter of an Ordinance relative to Solid Waste, “Trash Fees” be discharged from the Committee of the Whole and put before the full Council to vote for second and final passage.

        The matter of second and final passage of an Ordinance amending Solid Waste, Chapter 36, Section 26-6, Collection fee, was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Furey, McCarthy, O’Keefe,

Pelletier, Pinto, Prevey, Ryan and Veno were recorded as voting in the affirmative. Councillors Lovely and Sosnowski were recorded as voting in the negative. Councillor Sargent was recorded as absent.

        Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.


#468 – REQUEST FOR HEARING ON TAXI OPERATOR LICENSE DENIAL

        Councillor O’Keefe introduced the following Order, which was adopted.

        ORDERED: That the attached request for a hearing for a hearing for the denial of a Taxi Operator license be referred to the Committee on Ordinances, Licenses and Legal Affairs.


#469 – STREET AND SIDEWALK OPENING AND CLOSING

        Councillor Ryan introduced the following Order, which was adopted.

        ORDERED: That the Salem City Council Ordinances, Licenses and Legal Affairs Committee meet to review City Ordinance Chapter 38, Section 38-22, Streets and / or Sidewalks – Opening and Closure. The Committee shall review this Ordinance and make changes as necessary. And the meeting is to be co-posted with the Committee of the Whole.


#470 – ORDINANCE AMENDING ZONING, SECTION 7-15, PLANNED UNIT DEVELOPMENT

        Councillor Ryan introduced the following Ordinance, which was referred to the Planning Board to schedule a joint public hearing with the City Council by a unanimous roll call vote of  
11 yeas, 0 nays, 0 absent.

        In the year two thousand and eight

        An Ordinance to amend and Ordinance relative to Zoning

        Be it ordained by the City Council of the City of Salem, as follows:

        Section 1. Article VII of the City of Salem Zoning Ordinance is hereby amended by adding        the following language:

        Section 7-15 Planned Unit Development.


        
a.      “BPD, Business Park Development District:” to be included in the list of districts eligible to receive a special permit for a planned unit development in accordance with all the requirements of the Ordinance.

        Section 2. This Ordinance shall take effect as provided by City Charter.



#471 – RULES AND GUIDELINES FOR ADDITIONAL LIQUOR LICENSES THROUGH HOME RULE PETITION

        Councillor Sargent introduced the following Order, which was adopted.

        ORDERED: That the Salem City Council Committee of the Whole meet to form rules and guidelines for a City Ordinance that will regulate how additional licenses for the sale of Alcoholic Beverages are issued by Home Rule Petition in our downtown B-5, Business District. This new Ordinance may also set guidelines that will establish minimum distances between Home Rule Petition Alcoholic Beverage licenses and residentially zoned property. And that the following be invited: Licensing Board, Solicitor, Chamber of Commerce and Salem Main Streets.


#472 – ORDINANCE TRAFFIC, HANDICAP PARKNG LIMITED TIME, UPHAM STREET

        Councillor Prevey introduced the following Traffic Ordinance, which was adopted for first passage.

        In the year two thousand and eight

        An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicap Parking, Limited Time”

        Be it ordained by the City Council of the City of Salem as follows:

        Section 1. Upham Street in front of #27, for a distance of twenty (20) feet, Handicap Parking, Tow Zone.

        Section 2. This Ordinance shall take effect as provided by City Charter.


#473 – ORDINANCE TRAFFIC, HANDICAP PARKING LIMITED TIME, SUTTON AVENUE

        Councillor McCarthy introduced the following Traffic Ordinance, which was adopted for first passage.




        In the year two thousand and eight

        An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicap Parking, Limited Time”

        Be it ordained by the City Council of the City of Salem as follows:

        Section 1. Sutton Avenue across from 11 Sutton Avenue, for a distance of twenty (20) feet, Handicap Parking, Tow Zone.

        Section 2. This Ordinance shall take effect as provided by City Charter.



#474 – INCREASE IN TAXI FARES

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation

        The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of an increase in taxi fares, has considered said matter and would recommend that the matter remain in Committee.



#475 – GRANTING LICENSES

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend approval of the following:

PUBLIC GUIDE            Mike Vitka, 1 Devereaux Ave., #1, Salem

SEAWORMS                        Michael Dukette, 79 Bridge St., Salem








#476 – #476A - FUEL SURCHARGE BY TAXIS

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a fuel surcharge and taxis with livery plates has considered said matter and would recommend that the enclosed Order prepared by the City Solicitor be adopted.


        ORDERED: Taxi drivers are hereby authorized to impose a fuel surcharge of $1.00 per taxi ride, $.50 for senior citizens with identification showing age of 59 years or older, until January 26, 2009. This surcharge is in addition to the per ride fare of $4.50 per ride, $3.50 per ride for senior citizens. This Order must be conspicuously posted in each taxi.


#477 – ORDINANCE AMENDING CERTIFICATE OF FITNESS

        Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of an Ordinance for Certificate of Fitness, has considered said matter and would recommend that the amount be amended by reducing the amount from $75.00 to $50.00 and the matter be adopted as amended for second and final passage.


        Councillor O’Keefe assumed the Chair.

#478 – RESERVED PARKING IN THE SOUTH HARBOR GARAGE

        Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of reserved parking at the South Harbor Garage, has considered said matter and would recommend that the matter remain in Committee.






        
#479 – SENIOR CENTER PRESENTATION

        Councillor Sosnowski offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.

        The Committee of the Whole to whom was referred the matter of a Senior Center presentation has considered said matter and would recommend that the following be adopted:

1.      The report and recommendation of the Senior Center Committee be accepted
2.      That the Mayor and City Council move forward with due diligence on the proposed sites of Memorial Drive, Bridge Street and Fort Avenue


3.      That City Councillor Joan Lovely and Councillor Matthew Veno be liaisons to the Mayor and report the results to the City Council by September 15, 2008.


#480 – (#428) CLAIM

        Councillor Sosnowski offered the following report for the Committee of the Whole. It  was voted to accept the report and adopt the recommendation.

        The Committee of the Whole to whom was referred the matter of a claim, has considered said matter and would recommend that it be approved.


#481 – (#410) - LEASE AGREEMENT FOR PIONEER VILLAGE AND OLD TOWN HALL

        Councillor Sosnowski offered the following report for the Committee of the Whole. It  was voted to accept the report and adopt the recommendation by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        The Committee of the Whole to whom was referred the matter of a lease agreement with Gordon College for Old Town Hall and Pioneer Village, has considered said matter and would recommend that they be adopted as amended by a roll call vote.

        Councillor Pelletier moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.








#482 – CONDUITS ON HARBOR VIEW TERRACE

        A hearing was ordered for September 11, 2008 on the petition from National Grid to install two conduits on Harbor View Terrace.


#483 – BURGER KING REQUEST FOR EXTENDED HOURS OF OPERATION

        A request from Burger King, Highland Avenue, for extended hours of operation was referred to the Committee on Ordinances, Licenses and Legal Affairs and co-posted with the Committee of the Whole to be held on September 10, 2008 at 6:30 PM.



        Councillor Sosnowski assumed the chair.



#484 – REQUEST FOR WITCHES CUP BIKE RACE

        A request from Paul Boudreau and Dan Shuman, Witches Cup organizers for use of streets surrounding the Common Area to hold a bike race on August 13, 2008 was granted.

        
#485 – #487 - BLOCK PARTY

        The following block parties were granted.

Rice Street residents July 26, 2008
Witchcraft Road & Lower Crescent Drive residents August 16, 2008
Maple Street residents August 30, 2008


#488 - #491 – LICENSE APPLICATIONS

        The following license applications were granted.

LIMOUSINE                               Finix Car Service, 76 Lafayette St., Salem   (1)


PUBLIC GUIDES                   Alicia Diozzi, 40 English St., Salem
                                        Roger Watras, 104 Pembroke St., Boston
                                        Robert Littwin, 28 Chestnut St., Melrose



TAXI OPERATORS                  Peter Lang, 322 Old Pillings Pond Rd., Lynnfield
                                        Jose Nunez, 24 Ward St., #1, Salem
                                        James Donaher, 18 Freeman Rd., Salem
                                        Robert Berzon, 135 Grove St., Melrose
                                        Robert Martinez, 11R Union St., Beverly
                                        Thomas Clocher, 114 North St., Salem
                                        Sean McKinnon, 8 BayView Ave., Danvers
                                                                        

VEHICLE FOR HIRE                Christopher Lonergan, 116 Lafayette St., Salem          
(OPERATORS ONLY)               Nicholas Albury, 11 Beach Ave., Salem
                                        Nicole DeHaven, 6 Atlantic Ave., Beverly
                                        Allison Christiansen, 15 Pope St., Salem
                                        Joseph Rhodes, 38 Buffum St., Salem
                                        Timothy Hutchinson, 4 Conant St., Salem

#492 – DRAINLAYER / CONTRACT OPERATOR

        The following Drainlayer / Contract Operator License was granted.
                
                        
Church Landscape Construction, 15 Lindsey St., Marblehead


#493 - #495 – CLAIMS

        The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.


                        Cara Guilbert, 2 Fox Run Drive, Haverhill
                        Uchenna Ndugba, 44 Harbor St., Salem
                        Domenico Fabiano, 36 Clifton Ave.,Marblehead


#496 - #497 – BONDS

        The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.

DRAINLAYER      Church Landscape Construction, 15 Lindsey St., Marblehead

SIGN                    Seed Stitch, 21 Front St., Salem                



(#418) – SECOND PASSAGE – ORDINANCE  TRAFFIC, PARKING TIME LIMITED BOSTON STREET

        The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 57A, Parking Time Limited, Boston Street, was then taken up. The Ordinance was adopted for second and final passage.


(#419) – SECOND PASSAGE – ORDINANCE TRAFFIC, PARKING TIME LIMITED BRIDGE STREET
        
        The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 57A, Parking Time Limited, 85 Bridge Street, was then taken up. The Ordinance was adopted for second and final passage.

(#424.1) – SECOND PASSAGE – ORDINANCE RELATIVE TO A BUDGET ANALYST

        The matter of second and final passage of an Ordinance amending, Chapter 2, Article III, Section 2-600, City Council Budget Analyst, was then taken up. The Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        Councillor Pelletier left the Chamber.

(#429) - SECOND PASSAGE – ORDINANCE RELATIVE TO SEWER USE CHARGES

        The matter of second and final passage of an Ordinance amending, Chapter 46,
Section 230, Sewer Use Charges, was then taken up. The Ordinance did not pass by a roll call ot 5 yeas, 5 yeas, 1 absent. Councillors Furey, O’Keefe, Prevey, Sargent and Veno were recorded as voting in the affirmative. Councillors Lovely, McCarthy, Pinto, Ryan and Sosnowski were recorded as voting in the negative. Councillor Pelletier was recorded as absent.

        Councillor Pelletier returned to the Chamber.

        Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. The motion was reconsidered.

        The Ordinance was adopted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Furey, O’Keefe, Pelletier, Prevey, Sargent and Veno were recorded as voting in the affirmative. Councillors Lovely, McCarthy, Pinto, Ryan and Sosnowski were recorded as voting in the negative.

        Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.




(#430) – SECOND PASSAGE – ORDINANCE AMENDING WATER USE CHARGES

        The matter of second and final passage of an Ordinance amending, Chapter 46,
Section 66, Water Use Charges, was then taken up. The Ordinance was adopted for second and final passage by a roll call of 9 yeas, 2 nays, 0 absent. Councillors Furey, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent and Veno were recorded as voting in the affirmative. Councillors Lovely and Sosnowski were recorded as voting in the negative.



        On the motion of Councillor McCarthy the meeting adjourned at 10:45 P.M.
        



ATTEST:                                         CHERYL A. LAPOINTE
                                                        CITY CLERK