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MINUTES MARCH 22, 2007

A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
March 22, 2007 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of
this meeting was posted on March 16, 2007 at 11:02 A.M.


       All Councillors were present.

       Council President Matthew Veno presided.


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


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



(#174) – APPT. OF CHRISTINE MICHELINI TO THE BIKE PATH COMMITTEE

Held from the last meeting of March 8, 2007, the Mayor’s appointment of Christine Michelini to serve as a member of the Bike Path Committee with a term to expire March 1, 2010, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Ms. Michelini to speak.



(#175) – APPT. OF MARY DENNESEN TO THE AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES

Held from the last meeting of March 8, 2007, the Mayor’s appointment of Mary Dennesen to serve as a member of the Affordable Housing Trust Fund Board of Trustees for a term to expire March 1, 2010, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Ms. Dennesen to speak.






(#176) – APPT. OF MARY LAUBY TO THE AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES

Held from the last meeting of March 8, 2007, the Mayor’s appointment of Mary Lauby to serve as a member of the Affordable Housing Trust Fund Board of Trustees for a term to expire March 1, 2010, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Ms. Lauby to speak.


#204 – APPT. OF NOREEN CASEY TO THE BOARD OF HEALTH

The Mayor’s appointment of Noreen Casey to serve as a member of the Board of Health for a term to expire March 1, 2010, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        Councillor Prevey requested and received unanimous consent to suspend the rules to allow Ms. Casey to speak.

        Councillor Corchado moved that a letter and City Seal be sent to Mary Leary. It was so voted.


#205 – APPT. CONSTABLE

The Mayor’s appt. of the following to serve as a constable was received and filed.

        Lisa Wixon, 26 Harvard Circle, Needham    Term to expire:  February 21, 2008
        


#206 – #206E APPROPRIATIONS  PUBLIC SERVICES

Councillor Pelletier moved to combine all the following six (6) appropriations and take one vote for all. It was so voted.

The following Orders, recommended by the Mayor, were adopted under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.






ORDERED: That the sum of Thirteen Thousand, Four Hundred and Seventy-Five Dollars ($13, 475.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to “Public Services – Water Infrastructure Repair” account in accordance with the recommendation of Her Honor the Mayor.


ORDERED: That the sum of Nine Thousand, Six Hundred Dollars ($9,600.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to “Public Services – Water Utility Service and Repair” account in accordance with the recommendation of Her Honor the Mayor.


ORDERED: That the sum of Three Thousand, Fifty Dollars ($3,050.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to “Public Services – Water Equipment” account in accordance with the recommendation of Her Honor the Mayor.


ORDERED: That the sum of Three Thousand, Fifty Dollars ($3,050.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to “Public Services – Water Police Details” account in accordance with the recommendation of Her Honor the Mayor.


ORDERED: That the sum of One Thousand, Eight Hundred Fifty Dollars ($1,850.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to “Public Services – Sewer Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.


ORDERED: That the sum of Eight Hundred Ten Dollars ($810.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to “Public Services – Sewer Utility Service Repair” account in accordance with the recommendation of Her Honor the Mayor.


#207 – ORDINANCE AMENDING POLICE DEPARTMENT, VIDEO SURVEILLANCE

The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs and co-posted with the Committee of the Whole and that the Police Chief be invited and he provide a list of the locations of the cameras.

In the year two thousand and seven

An Ordinance to amend an Ordinance pertaining to the Police Department

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

        Section 1.  Section 32-121 Administrative Rules of Chapter 32, Article V.
        Video Surveillance is hereby amended by adding the following new sub-section:

d) Purpose:     The purpose of this Ordinance and its Administrative Rules is solely to regulate the use of fixed position cameras whose images are fed into the Salem Police Department’s control room for twenty-four (24) hour a day monitoring. This Ordinance is in no way intended to apply to or regulate the use of video surveillance by the Salem Police Department for investigative or administrative purposes including, but not limited to, the following examples: narcotics investigations, property crime investigations, sexual assault investigations, traffic and motor vehicle investigations, Internal Affairs investigations, domestic violence investigations, homicide or crimes against persons investigations, organized crime investigations, training of personnel, and special events.”

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


#208 – FINANCIAL REPORT

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the enclosed Financial Report dated February 28, 2007 be received and placed on file.


        Councillor O’Leary assumed the chair.



#209 – AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES

        Councillor Veno introduced the following Order, which was adopted.

        ORDERED: That the City Council Committee of the Whole meet to elect two City Councillors to each serve on the Affordable Housing Trust Fund Board of Trustees, as provided for in Section 2-1002 of the City Code of Ordinances.








#210 – CONTRIBUTORY RETIREMENT BOARD ISSUES

Councillor Veno introduced the following Order, which was adopted.

ORDERED: That the City Council Committee of the Whole meet jointly with the Salem Contributory Retirement Board to discuss issues relative to the operation and performance of the City’s pension fund, and any other matters.

Councillor Veno moved that the meeting is to be held on March 29, 2007 at 6:00 P.M. at City Hall Annex, 120 Washington Street. It was unanimously voted.



#211 – REPORT BY MASSACHUSETTS MUNICIPAL ASSOCIATION

        Councillor Veno introduced the following Order, which was adopted.

        ORDERED: That the City Council Committee on Administration and Finance convene a meeting, co-posted with the Committee of the Whole, to discuss a report produced by the Massachusetts Municipal Association entitled “Revenue Sharing and the Future of the Massachusetts Economy”.

        Be it further ordered that the Finance Director, Representative  John Keenan, Senator Frederick Berry and Mayor Driscoll be invited.


#212 – REPORT ENTITLED “THE MATURING OF AMERICA, GETTING COMMUNITIES ON TRACK FOR AN AGING POPULATION

        Councillor Veno introduced the following Order, which was adopted.

        ORDERED: That the City Council Committee of the Whole meet to discuss a report entitled “The Maturing of America, Getting Communities on Track for an Aging Population.”

        Be it further ordered that the Director of Recreation and Community Services, the Council on Aging Board of Directors and Mayor be invited.


        Councillor Veno assumed the chair.




#213 – 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 that the following be granted.

TAXI OPERATOR           Christopher Sullivan, 7 Essex Ave., Gloucester
                                Pedro Pena, 32 Pingree St., Salem
                                Leandro Ynoa, 414 Essex St., Salem
                                Roberto Disia, 24 Rainbow Terr., Salem


#214 – (#82) - SCHOOL FINANCIAL REPORT

Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance to whom was referred the matter of the School Financial Report and Correspondence dated January 22, 2007, has considered said matter and would recommend the report be received and placed on file.

        
#215 – (#159) – LEASE AGREEMENT FOR NORTHSIDE CARTING

Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance to whom was referred the matter of a six month Lease Agreement with Northside Carting, has considered said matter and would recommend approval.


#216 – (#161A-F) – T.I.F. AND RESOLUTION FOR DOYLE SAILMAKERS, FALMER THERMAL SPRAY AND GROOM CONSTRUCTION

Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.

        


The Committee on Administration and Finance to whom was referred the matter of Tax Increment Financing Programs and Resolutions for Doyle Sailmakers, Groom Construction and Falmer Thermal Spray, has considered said matter and would recommend approval.


#217 – (#861 of 2006) – ACCEPT MASS. GENERAL LAW CH.44 SEC. 53F1/2, ENTERPRISE FUND FOR SOLID WASTE COLLECTION

Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report.

Councillor Blair moved that the matter remain in the Committee on Administration and Finance and co-post with the Committee of the Whole. It was so voted.

Councillor Furey and Corchado were recorded as opposed.

        The Committee on Administration and Finance to whom was referred the matter of accepting Massachusetts General Law Chapter 44, Section 53F 1/2, to establish an enterprise fund for Solid Waste Collection, has considered said matter and would recommend approval.


#218 - (#20) – COMMUNITY PRESERVATION ACT

        Councillor Furey offered the following report for the Committee on Community and Economic Development. It was voted to accept the report.

        The Committee on Community and Economic Development to whom was referred the matter of acceptance of a Community Preservation Act, has considered said matter and would recommend to reschedule a meeting for the first week in April and to be co-posteded with the Committee of the Whole.


#219 - (#74) – SECTION 108 HUD LOAN FOR A COMMUNITY LIFE CENTER


        Councillor Furey offered the following report for the Committee of the Whole. It was voted to accept the report.

        
The Committee of the Whole to whom was referred the matter of authorizing the Mayor to submit a Section 108 HUD Loan application for the construction of a new Community Life Center at the former St. Joseph’s Church property located on Lafayette Street, has considered said matter and would recommend that a committee, appointed by the City Council and the Administration be

formed to explore alternative locations and funding sources for a new Senior Center, and that such committee shall report back to the City Council on or before October 15, 2007.


#220 – PETITION FOR FORTUNETELLING STORE LICENSE

        A request from John Flaherty, owner of the Fool’s Mansion, for a Fortunetelling Store License was referred to the Committee on Ordinances, Licenses and Legal Affairs and co-posted with the Committee of the Whole.


#221 – #223 - LICENSE APPLICATIONS

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

PUBLIC GUIDE            Timothy A. Maguire, Jr., 106 West 3rd St., Boston

TAG DAY                 Knights of Columbus, October 4, 5, 6, & 7, 2007

TAXI OPERATOR           Johnny Rodriguez, 16 Hersey St., Salem
                                Jose M. Nunez, 24 Ward St., Apt. #1, Salem
                                Rene Payero, 19 Park St., Salem


#224 - #232 - CLAIMS

The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs:

                        Lisa Cole, 119 Holten St., Danvers
                                Rosemarie Connell, 46 Prince St. #2, Salem
                                Catherine Kelter, 1D Nimitz Way, Salem
                                Preston & Nancy Fawson, 5 School St. Ct., Salem
                                Haven McGovern, 98 North St., Salem
                                Marilyn Murphy, 6 Foster St., Salem
                                Richard Weddle, 141 Washington St., Salem

SUBROGRATED:            Bigelow & Puglisi, P.C. (for Terese Juppe), 11 Beacon St. Boston
                                USAA, (for Peter Leap), 9800 Fredericksburg Rd., San Antonio, TX
        


                
#233 – BONDS

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

CONSTABLE               Lisa Wixon, 26 Harvard Circle, Needham



(#160) SECOND PASSAGE  – ORDINANCE POLICE DEPT., AUTOMATED PHOTOGRAPHIC TRAFFIC ENFORCEMENT SYSTEM

        The matter of second and final passage of an Ordinance Ch.32, Police Department, Article VI, Automated Photographic Traffic Enforcement System, was then taken up. The Ordinance was adopted for second and final passage.

        Councillor Blair was recorded as opposed.


(#184) – SECOND PASSAGE – ORDINANCE TRAFFIC, OBEDIENCE TO STOP SIGNS, DIBIASI STREET

The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec. 49, Obedience to Stop Signs, Dibiasi Street, was then taken up. The Ordinance was adopted for second and final passage.

(#185) – SECOND PASSAGE – ORDINANCE  TRAFFIC, REPEAL HANDICAP PARKING, CARLTON STREET

The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec. 50B, Repeal Handicap Parking, Limited Time, Carlton Street, was then taken up. The Ordinance was adopted for second and final passage.




On the motion of Councillor O’Keefe the meeting adjourned at 8:20       P.M.



ATTEST:                                         CHERYL A. LAPOINTE
                                                        CITY CLERK