A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 10, 2008 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 4, 2008 at 11:06 A.M.
All Councillors were present.
Council President Michael Sosnowski presided.
Councillor O’Keefe 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.
#4 – POLE LOCATION ON COLLINS STREET
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a jointly owned pole location on Collins Street. Appearing in favor was William McEnaney of Verizon. Mr. Jerome Curley of 35 Arbella Street was recorded as opposed.
Councillor O’Keefe moved that the matter be held until the next meeting of January 24, 2008. It was so voted.
#5 – POLE LOCATION ON PLANTERS STREET
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a jointly owned pole location on Planters Street. Appearing in favor was William McEnaney of Verizon. There was no one opposed. Councillor O’Keefe moved that the hearing be closed. It was so voted. Councillor O’Keefe moved that the permit be granted. It was so voted.
#6 – POLE LOCATION ON WEBB STREET
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a jointly owned pole location on Webb Street. Appearing in favor was William McEnaney of Verizon. There was no one opposed. Councillor Prevey asked if the poles on North Street were owned by Verizon. Mr. McEnaney responded he would check into it. Councillor Prevey asked if Verizon does own the poles on North Street requested that they be put back. Councillor O’Keefe moved that the hearing be closed. It was so voted. Councillor O’Keefe moved that the permit be granted. It was so voted.
#7 - #8 - REAPPOINTMENT OF CONSTABLES
The Mayor’s reappointment of the following Constables for terms as designated, was received and filed:
James Barina, 5 Hancock St., Salem Term to Expire: January 3, 2011
Alexander Moura, 24A Shore Dr., Peabody Term to Expire: January 1, 2011
#9 - APPR. TO TREASURER’S – SEWER FUND
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Eight Thousand Six Hundred and Fifty-six Dollars ($8,656.00) from “Retained Earnings – Sewer Fund” account to “Treasurer’s – Sewer Fund Insurance Deductible” account in accordance with the recommendation of Her Honor the Mayor.
#10 – TRANSFER TO ELECTRICAL - OVERTIME
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Six Thousand Dollars ($6,000.00) from “Electrical Maintenance Traffic Signal” account to “Electrical – Overtime”” account in accordance with the recommendation of Her Honor the Mayor.
#11 – ESTABLISH STABILIZATION FUND FOR RETIRING EMPLOYEES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance and co-posted with the Committee of the Whole.
ORDERED: In accordance with M.G.L. Chapter 46, Sections 14 and 50 and Chapter 140, Sections 19 and 137 of the Acts of 2003, the City hereby establishes a stabilization fund for the purpose of funding retiring employee’s accrued sick and vacation buybacks as established by City Policy and Contractual Agreements in accordance with the recommendation of Her Honor the Mayor.
#12 – BUDGET MANAGEMENT / ANALYST
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs conduct a meeting to discuss the position of a Budget Management/Analyst and that the Committee invite the following to attend:
Mayor Driscoll, Finance Director Richard Viscay, Auditor Nina Bridgman, Solicitor Elizabeth Rennard and the City Council.
#13 – ORDINANCE, TRAFFIC, HANDICAPPED PARKING LIMITED TIME, BARR STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage. Councillor Prevey requested that this ordinance be passed for second and final passage due to hardship. Hearing no objection the Ordinance was passed for second and final passage.
In the year two thousand and eight.
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, Handicapped Parking Limited Time
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Barr Street in front of #46, for a distance of twenty (20) feet, Handicapped Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#14 – CITY COUNCIL INVOKE “RULE OF NECESSITY”
Councillor Pelletier introduced the following Statement of Disclosure of Financial Interest, it was read and signed by the following City Councillors: Jean M. Pelletier, Robert K. McCarthy, Thomas H. Furey, Joan B. Lovely, Arthur C. Sargent III, Paul C. Prevey, Matthew A. Veno, Joseph A. O’Keefe Sr., Steven Pinto, Jerry Ryan, Michael Sosnowski
I,________ publicly disclose that I have a financial interest in the contribution rate paid by members of the City Council for the City’s active, group health insurance because
I participate in the City’s health insurance plan OR
I am eligible to participate in the City’s health insurance plan.
Due to the necessity to act on an Order relative to the rate of contribution which ensures that City Councillors pay the same rate of contribution as the City’s union and non-union personnel, I request that the City Council invoke the Rule of Necessity so that a quorum is established and I may participate under the rule of necessity.
Councillor Pelletier introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the Salem City Council invoke the “Rule of Necessity” for the purpose of establishing a quorum so the City Council may vote on an increase in the health insurance premium for members of the City Council.
#15 – INCREASE OF PERCENTAGE RATE OF INSURANCE FOR MEMBERS OF CITY COUNCIL
Councillor Pelletier introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the rate of contribution made by participating members of the City Council to the City’s active group health insurance plan be increased from 20% to 21% in FY 2008, increased from 21% to 23% in FY2009, and increased from 23% to 25% in FY2010. This increase in premium will ensure that members of the City Council who elect to participate in the City’s health insurance plans pay the same rate of contribution as the City’s union and non-union personnel.
Councillor McCarthy moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#16 – TRAFFIC, HANDICAPPED PARKING LIMITED TIME, JAPONICA STREET
Councillor Prevey introduced the following 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 Handicapped Parking Limited Time
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Japonica Street in front of #2, for a distance of twenty (20) feet, Handicapped Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#17 – TRAFFIC, HANDICAPPED PARKING TOW ZONE, BRIGGS STREET
Councillor Lovely and Councillor Sosnowski introduced the following 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 50A Handicapped Parking Tow Zone.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Briggs Street northerly side beginning twenty (20) feet from Washington Square, extending twenty (20) feet in an easterly direction, Handicapped Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#18 – ELECTION ORDER
Councillor Lovely introduced the following Order, which was adopted.
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, February 5, 2008, for the purpose of casting votes in the Primary Officers for the election of candidates of political parties for the following office:
PRESIDENTIAL PREFERENCE
DISTRICT MEMBERS OF STATE COMMITTEE (ONE MAN AND ONE WOMAN) FOR
EACH POLITICAL PARTY FOR THE SECOND ESSEX DISTRICT
MEMBERS OF THE DEMOCRATIC WARD COMMITTEE
MEMBERS OF THE REPUBLICAN WARD COMMITTEE
AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings:
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, 12 Pope Street
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, 12 Heritage Drive
WARD FIVE
PRECINCT ONE Temple Shalom, Lafayette Street
PRECINCT TWO Community Room, Pioneer Terrace
WARD SIX
PRECINCT ONE Bates School, Liberty Hill Avenue
PRECINCT TWO Park and Recreation Dept., Mack Park
WARD SEVEN
PRECINT ONE Salem State Public Safety Building, 73 Loring Avenue
PRECINT TWO Salem State Gymnasium, Harrison Road
AND BE IT FURTHER ORDERED: That the polls at said meetings 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.
#19 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated November 30, 2007 be received and placed on file.
#20 – YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated December 31, 2007 be received and placed on file.
#21 – TAG DAY
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day for the Salem High School Hockey Cheerleading for January 19 and February 9, 2008 be approved.
#22 - NATIONAL GRID POLE LOCATION LINCOLN ROAD
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 petition from National Grid to install one sole-owned pole #4053-1 in Lincoln Road, has considered said matter and would recommend this petition be withdrawn upon National Grid’s request.
#23 – (#733- #767-770 OF 2007) 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.
SEAWORM Manuel N. Silva, 80 Northend St., Peabody
Analiano Silva, 25 Driscoll St., Peabody
SECOND HAND
CLOTHING Boston St. Resale, 134 ½ Boston St., Salem
SECOND HAND
VALUABLE R.A. DiFillipo Antiques, 55 Lafayette St., Unit 3C, Salem
TAG DAY SHS Swim Team, January 12, 2008
Salem/Swampscott Youth Hockey, October 11, 2008
#24 – CONDUIT ON CROMBIE STREET
A hearing was ordered for January 24, 2008 on the petition of Comcast for a conduit on Crombie Street.
#25 – CONDUITS ON LAFAYETTE STREET
A hearing was ordered for January 24, 2008 on the petition from National Grid to install two conduits on Lafayette Street.
#26 – JOINT POLE LOCATION ON JEFFERSON AVENUE
A hearing was ordered for January 24, 2008 on the petition from Verizon and Massachusetts Electric to relocate one jointly owned pole on Jefferson Avenue.
#27 – JOINT POLE LOCATION ON JACKSON STREET
A hearing was ordered for January 24, 2008 on the petition from Verizon and Massachusetts Electric to place one jointly owned pole on Jackson St.
#28 – JOINT POLE LOCATION ON HIGHLAND AVENUE
A hearing was ordered for January 24, 2008 on the petition from Verizon and Massachusetts Electric to place one jointly owned pole on Highland Avenue near N.S. Children’s Hospital.
#29 – JOINT POLE LOCATION ON HIGHLAND AVENUE
A hearing was ordered for January 24, 2008 on the petition from Verizon and Massachusetts Electric to place one jointly owned pole on Highland Avenue from intersection of Powder House Lane.
#30 - #44 – LICENSE APPLICATIONS
The following License applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
JUNK DEALER Frederic Hutchinson, 15 Robinson Rd., Salem
PAWNBROKER Salem Loan, 33 New Derby St., Salem
PUBLIC GUIDE Gitta Amsler, 286 Ocean Ave., Marblehead
James McAllister, 86 Federal St., Salem
Herb Van Dam, 361 Lafayette St., Salem
Beverly Wolf, 161 Mt. Vernon St., Arlington
SEAWORM Manuel P. Silva
SECOND HAND
VALUABLE Salem Loan, 33 New Derby St., Salem
TAG DAY S.H.S. Drama, January 26, 2008
S.H.S. Basketball Boosters, February 2nd & 16th, 2008
S.H.S. Gymnastics, February 23, 2008
S.H.S. Girls Track Team, March 22, 2008
S.H.S. Girls Softball, April 13, 2008 & May 3, 2008
S.H.S. Boys Track, April 18, 2008 7 May 4, 2008
S.H.S. Girls Track Team, April 26, 2008
S.H.S. Boys Soccer, September 6, 2008
S.H.S. Boys Soccer, October 18, 2008
S.H.S. Gymnastics, November 22, 2008
#45 – GRANTING TAXI OPERATOR LICENSES
The following Taxi Operator Licenses applications were granted.
Gerald Feldman, 116 Lafayette St., Salem
Gary P. Richard, 122 Bridge St., Beverly
Donald MacPherson, 6 Elliott Pl., Peabody
William Lafontant, 29 Rantoul St., Beverly
Michael Oxton, 10 Becket St., Salem
Michael Paciulli, 50 Jenness St., Lynn
Rene Payero, 10 Irving St., Salem
Ramon Espinal, 12 Mt. Vernon St., Salem
Rafael Moya, 17 Ward St., Salem
Clifford Gately, 9 Crombie St., Salem
Shane Kieran, 18 ½ Becket St., Salem
Daniel Sirois, 16 ½ Chase St., Salem
Lamont Chisholm, 16 ½ Chase St., Salem
Guillermo Javier, 78 Rainbow Ter., Salem
Edward Beardsell, 98 Newbury St., Danvers
Betsy McNaughton, 98 Newbury St., Danvers
#46 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer / Contract Operator License applications were granted:
John F. Peterson Enterprises Inc., 210 Broadway, Lynn
Ralph Surianello Inc., 49 Silva Lane, Dracut
Atlantic Paving, 240 Canal St., Salem
J. Whyman Construction, 451 Broadway, Lynnfield
Mirra Co. Inc., 6 Noriano Way, Georgetown
Michael A. Mangini Excavation, 21 Highland Place, Swampscott
Thomas Mackey & Sons Inc., 58 Broadway, Salem
The Warren Co., 18 Lovell Rd., Lynnfield
Bartlett & Steadman Co. Inc., R67 Village St., Marblehead
#47 - #50 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Margret Acampora, 30 Fuller Ave., Swampscott
Roger Fruggiero, 11 Berrywood Lane, Salem
George Quadros, 11 Hayes Road, Salem
SUBROGATED Atty. Paul Ryan (for Cynthia Hyde), 84 State St., Boston
#51 - BOND
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Alexander Moura, 24A Shore Drive, Peabody
On the motion of Councillor Pelletier the meeting adjourned at 8:05 P.M.
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