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MINUTES - 02-14-2008

A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 14, 2008 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on February 8, 2008 at 10:01 A.M.
        

       All Councillors were recorded as present.

       Council President Michael Sosnowski presided.


Councillor Veno 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.



#85 – POLE LOCATION SKERRY STREET

        A hearing was held on the order of Verizon and Massachusetts Electric for a jointly owned pole on Skerry Street. Councillor O’Keefe moved that the matter be held until the next meeting of February 28, 2008. It was so voted.


#86 – APPT. OF JANE SARNOWSKI TO THE COUNCIL ON AGING BOARD OF DIRECTORS

The Mayor’s appointment of Jane Sarnowski to serve as a member of the Council on Aging Board of Directors for a term to expire February 1, 2011 was held until the next meeting of February 28, 2008 under the rules.


#87 – APPT. OF TIM DOGGETT TO THE PARKING BOARD

The Mayor’s appointment of Tim Doggett to serve as a member of the Parking Board for a term to expire February 1, 2011 was held until the next meeting of February 28, 2008 under the rules.








#88 – APPT. OF DARREN AMBLER TO THE PLUMMER HOME FOR BOYS BOARD OF TRUSTEES

The Mayor’s appointment of Darren Ambler to serve as a member of the Plummer Home for Boys Board of Trustees for a term to expire February 1, 2013 was held until the next meeting of February 28, 2008 under the rules.


#89 – REAPPT. OF DONALD BATES TO THE BOARD OF ASSESSORS

        The Mayor’s reappointment of Donald Bates to serve as a member of the Board of Assessors for a term to expire February 1, 2011 was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.


#90 – REAPPT. OF JACK HARRIS TO THE SALEM COMMISSIONON DISABILITIES

The Mayor’s reappointment of Jack Harris to serve as a member of the Salem Commission on Disabilities for a term to expire February 1, 2011 was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.


#91 – #92 - CONSTABLES

        The Mayor’s reappointment of the following to serve as a Constables were received and placed on file.

        James Danforth, 16 Wentworth Dr., Beverly               Term to Expire:  February 11, 2011
        Ana Sanchez, 501 Washington St. #405, Lynn              Term to Expire: November 16, 2010


#93 – APPR. TO PUBLIC SERVICES – SEWER FUEL

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

        ORDERED: That the sum of One Hundred and Twenty-Five Thousand Dollars ($125,000.00)  is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “Public Services – Sewer Fuel” account in accordance with the recommendation of Her Honor the Mayor.


#94 – APPR. TO PUBLIC SERVICES – WATER FUEL

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

        ORDERED: That the sum of One Hundred and Twenty-Five Thousand Dollars ($125,000.00)  is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Sewer Fuel” account in accordance with the recommendation of Her Honor the Mayor.


#95 - APPR.  FOR REPAIR OF LIBRARY ROOF

The following Order recommended by the Mayor, was adopted under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.

        ORDERED: That the sum of One Hundred Thousand Dollars ($100,000.00)  is hereby appropriated within the “Sale of City Property – Renovations & Repairs” account to be expended for the City share of grant award for repairing Library roof in accordance with the recommendation of Her Honor the Mayor.


#96 – APPR. FOR REPAIRS TO THE MUSEUM PLACE & SOUTH HARBOR GARAGE

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

        ORDERED: That the sum of Eight Thousand Dollars ($8,000.00)  is hereby appropriated in the “Capital Outlay – Renovations and Repairs” account to be expended for the the repair of lights and ballasts at Museum Place and South Harbor garages for the Parking Department  in accordance with the recommendation of Her Honor the Mayor.


#97 – APPR. TO GOLF COURSE – CONTRACTED SERVICES

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

        ORDERED: That the sum of Five Thousand Dollars ($5,000.00)  is hereby appropriated from the “Receipts Reserved – Golf Course” account to the “Golf Course – Contracted Services” account  in accordance with the recommendation of Her Honor the Mayor.


#98 – APPR.  FOR THE PURCHASE OF A NEW GATE FOR THE CHURCH STREET LOT

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

        ORDERED: That the sum of Four Thousand Dollars ($4,000.00)  is hereby appropriated from the “Capital Outlay - Equipment” account to be expended for the purchase of new gate equipment at the Church Street Lot for the Parking Department  in accordance with the recommendation of Her Honor the Mayor.


#99 – FUNDS FROM THE  OFFICE OF THE ATTORNEY GENERAL

The following Order recommended by the Mayor, was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.

ORDERED: That the City of Salem accept a cash distribution of residual funds from the Office of the Attorney General in connection with a 2002 settlement of an antitrust case brought forth by the Attorney General’s Office against certain music companies and retailers. Said funds shall be used by the Salem Public Library for future music related projects or programs.


#100 – DECLARE SCHOOL SUPPLIES SURPLUS

The following Order recommended by the Mayor, was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.

ORDERED: That the enclosed list of school furniture, supplies and equipment, which has been declared surplus by the Salem School Committee, be donated to a charitable organization.


#101 – APPR. TO PUBLIC SERVICES EQUIPMENT

        The following Order was received from the Mayor after the deadline of Tuesday Noon.
Councillor Prevey 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 on Administration and Finance under the rules.



        ORDERED: That the sum of Seventy-Six Thousand One Hundred and Sixteen Dollars ($76,116.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Equipment” account in accordance with the recommendation of Her Honor the Mayor.


#102 – APPR. TO PUBLIC SERVICES – EQUIPMENT

        The following Order was received from the Mayor after the deadline of Tuesday Noon.
Councillor Prevey 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 on Administration and Finance under the rules.

        ORDERED: That the sum of Eleven Thousand, Three Hundred and Fifty-Five dollars ($11,355.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “Public Services –Equipment” account in accordance with the recommendation of Her Honor the Mayor.


#103 – RESOLUTION EAGLE SCOUT AWARD TO ALEX BOUCHER

        Councillor O’Keefe introduced the following Resolution which was adopted.

        
        RESOLUTION:

        WHEREAS:        Alex Boucher has achieved the highest rank in Scouting, the “Eagle                              Scout”  Award; and

        WHEREAS:        Alex Boucher is a member of Troup 83 in the City of Salem and has                               earned 30 merit badges. He has completed 300 hours of community                                 service which consisted of repairing and painting all of the park benches                                and picnic tables at Forest River Park.

        WHEREAS:        The Salem City Council takes great pride in the accomplishments of the                          youth in our community and;

        WHEREAS:        The City Council acknowledges the high level of commitment and                                  dedication required of Alex to achieve this honor; and

        WHEREAS:        The “Eagle Scout” Award is an honor of which Alex and his family                                        should be extremely proud.

        NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the   citizens of the City of Salem, congratulates Alex Boucher on his “Eagle Scout” award, and       commend him for his dedication and perseverance.

        AND BE IT FURTHER RESOLVED: That the City Council make this Resolution a matter of      record of these proceedings, and that a suitable copy of this Resolution be presented to        Alex Boucher, along with a copy of the City Seal, at his Court of Honor on Saturday,
        March 8, 2008.


#104 – RESOLUTION JONATHAN JOAQUIN MARRERO

        Councillor McCarthy introduced the following Resolution which was adopted.

        RESOLUTION:

        WHEREAS:        Salem School Student Jonathan Joaquin Marrero freely, willingly and                             actively gave of himself to raise funds for the School Department’s                                     Library fund; and

        WHEREAS:        Jonathan recognized early on, before there were mechanisms in place to                          raise funds, the need to give something back to the schools, took on the                                challenge; and

        WHEREAS:        Jonathan inspired others to work with him in his effort to reopen all the                               elementary school libraries; and

        WHEREAS:        Jonathan has shown commitment and dedication to a cause and is an                               example to youth throughout the City of Salem; and

        WHEREAS:        Jonathan and his efforts are an example of the on going and continuing                          efforts across the City, we are extremely proud Jonathan is a member of                                 our community.

        NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, do hereby honor and        recognize Jonathan Joaquin Marrero, for his exceptional example of civic pride, his     dedication to a cause and his true love of libraries and all they represent. On behalf of the   City of Salem, we wish to express our sincere gratitude and our deep appreciation to a  young man who is in every sense of the word an Activist, best wishes for a long and bright      future.

        

        AND BE IT FURTHER RESOLVED: That the City Council make this Resolution a matter of      record of these proceedings, and that a suitable copy of this Resolution be presented to        Jonathan Joaquin Marrero, along with a copy of the City Seal.


#105 – YEAR TO DATE BUDGET REPORT

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the year to Date Budget Report dated January 31, 2008 be received and placed on file.


#106 – FINANCIAL REPORT OF DECEMBER 31, 2007

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the Financial Report dated December 31, 2007, be received and placed on file.


#107 – RESIDENT STICKER PARKING PROGRAM

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

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to consider the feasibility of amending the Ordinance to reassign the Resident Sticker Parking Program from the City Clerks office at 93 Washington Street to the Parking Department located at New Liberty Street. And that Mr. James Hacker, Parking Director, Mayor or her representative, City Clerk Cheryl LaPointe be invited by the Committee to discuss the matter.


#108 – GLOBAL WARMING

        Councillor Veno introduced the following Order, which was adopted.

        ORDERED: That Jeff Barz-Snell of Salem Alliance for the Environment be invited to address the Committee of Public Health, Safety and Environment co-posted with the Committee of the Whole to make a presentation on Global Warming, and that members of the Renewable Energy Task Force be invited to attend.



#109 – (#12) BUDGET ANALYST

        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 budget analyst position has considered said matter and would recommend that the matter remain in Committee and a meeting be scheduled for March 19, 2008 at 6:00 PM with Katherine Griffin, budget analyst from Beverly.



#110 – (#423) PARKING AND TRAFFIC ORDINANCE

        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 amending an Ordinance pertaining to the Parking and Traffic, has considered said matter and would recommend this matter be referred to the Committee of the Whole and the Committee on Ordinances, Licenses and Legal Affairs to hold a meeting on Wednesday, March 5, 2008 at 6:00 PM in the Council Chambers. The following be Invited Robert St. Pierre Chief of Police, Fire Chief David W. Cody, Lynn Goonin Duncan, Director of Planning, Mayor Driscoll or her representative, and a representative of the Salem Chamber of Commerce.



#111 – (#11)  ACCEPT ACT TO CREATE STABILIZATION FUND FOR RETIRING EMPLOYEES

        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 City of Salem establish a Stabilization Fund for the funding of retiring city employees, has considered said matter and would recommend approval.









#112 – (#76 -#78) GRANTING CERTAIN 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.

        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:

PUBLIC GUIDE            Tim Maguire, 28 High St., Salem

SECOND HAND
VALUABLE                        Modern Millie Vintage & Consignment, 103 Washington St., Salem

TAG DAY                 S.H.S. Baseball Boosters, April 5, 2008
                                S.H.S. Baseball Boosters, May 10, 2008
                                VFW Post 1524, May 22, 23, 24 & 25, 2008
                                VFW Post 1524, November 8, 9, 10 & 11, 2008


#113 – (#79) TAXI OPERATOR LICENSE

        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.

        Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Taxi Operator license has considered said matter and would recommend that the following be denied:

Ramon Gomez, 260 Washington St., Salem


#114 – (#62) TAX RELIEF FOR SALEM RESIDENT RE: WIND TURBINES

        Councillor Lovely offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation.

        Committee on Public Health, Safety and Environment to whom was referred the matter of rate relief for Salem residents if wind turbines are erected, has considered said matter and would recommend that the matter remain in Committee for further review.




#115 – (#61) S.O.D.A.R. DEVICES

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

        Committee of the Whole to whom was referred the matter of the installation of S.O.D.A.R. devices to measure wind speed, has considered said matter and would recommend that the installation of the devices be granted with the condition it first pass a trial period to eliminate neighborhood impact.


#116 -  JOINT POLE LOCATION ON MEMORIAL DRIVE

        Councillor McCarthy moved that the petition from Verizon and Massachusetts Electric for a jointly owned pole on Memorial Drive within the same property boundary. It was so voted.


#117 – CONDUIT ON ESSEX STREET

        A hearing was ordered for February 28, 2008, on the petition from Comcast to install one conduit on Essex Street.


#118 – JOINT POLE LOCATION ON DANIELS STREET

        A hearing was ordered for February 28, 2008, on the petition from Verizon and Massachusetts Electric for a jointly owned pole on Daniels Street.


#119 – JOINT POLE LOCATION ON DERBY STREET

        A hearing was ordered for February 28, 2008 on the petition from Verizon and Massachusetts Electric for a jointly owned pole on Derby Street.


#120 – JOINT POLE LOCATION ON WEBB STREET

        A hearing was ordered for February 28, 2008 on the petition from Verizon and Massachusetts Electric for a jointly owned pole on Webb Street.





#121 - #122 LICENSE APPLICATIONS

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

SECOND HAND
VALUABLE                        Game Stop Inc., 450 Highland Ave., Salem

TAG DAY                 S.H.S. Girls Lacrosse, March 29, 2008 & April 19, 2008


#123 - #125 LICENSE APPLICATIONS

        Councillor Pelletier moved that the Limousine license applications be referred to the Committee on Ordinances, Licenses and Legal Affairs and the Taxi Cab and Taxi Operator licenses be granted. It was so voted.

LIMOUSINE                       Tri-City Services, Inc., 55R Walnut St., Peabody (2)
                                Javier Cab Service, 78 Rainbow Terr., Salem (1)
                                Salem Car Service, 12 Mt. Vernon St., Salem (1)
                                Payero Car Service, 10 Irving St., Salem (1)

TAXI CAB                        Tri-City Services, Inc., 55R Walnut St., Peabody (5)
                                Community Taxi, 27R Caller St., Peabody, (6)

TAXI OPERATOR           Elizabeth Mullen, 2 Lowe St. #3, Peabody
                                Angel Pignataro, 78 Orchard St., Salem
                                Nelson Martinez, 260 Washington St., Salem
                                Joseluis Munoz, 10 Porter St. #2, Salem
                                Jody Bottari, 52 Harbor St., Salem
                                Alphonse Soltys, 71 Harvest St., Lynn
                                Dennis Soper, Jr., 38 Grant St., Beverly
                                Roberto Pacheco, 105 Congress St., Salem
                                Juan Velez, 197 North St., Salem
                                Donald Bovio, 145 Lewis St., Lynn
                                David Abeauchamps, 45 Endicott St., Salem
                                Dorotea Vicioso, 71 Palmer St., Salem
                                Scott Boyle, 73 High St., A-2R, Rockport
                                Wilfredo Badillo, 107 Bridge St., Salem
                                Roberto Disla, 106 Lafayette St., Salem
                                Camilo Divanne, 113 Loring Ave., Salem
                                Larry Davis, 12 Grafton St., Salem
                                Paul Moore, 14 Foster St., Peabody
                                
                                
TAXI OPERATORS
CONTINUED                       Kathleen Batchelder, 33 The Greenway, Swampscott
                                Rudy Rosario, 12 Mason St., Salem


#126 – DRAINLAYER / CONTRACT OPERATOR LICENSES

        The following Drainlayer/Contract Operator License applications were granted.

                Ciampa Construction, 36 Dewey St., Saugus
                K & B Excavating, 105 Mason St., Salem
                Linskey Construction, Inc., 47 Jefferson Ave., Salem
                R. DiLisio Co., Inc., 113 Fayette St., Lynn
                United Utility Corp., 42 Haverhill Rd., Amesbury



#127 – #130 CLAIMS

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

                        Linwood Balentine, 133 Loring Ave., Salem
                        Virginia Dolan Horgan, 3 Juniper Lane, Topsfield

SUBROGATED      Quinn & Morris (for Mary Lucille Civiello) 141 Tremont St., Boston
                        Atty. Robert Wise (for Pamela Avallon) 900 Cummings Center, Beverly



#131 – DRAINLAYER BOND

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

                        United Utility Corp., 42 Haverhill Rd., Amesbury








(#66) – ORDINANCE AMENDING TRAFFIC, HANDICAPPED ZONES LIMITED TIME, MAY STREET

        The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicapped Zones Limited Time, May Street, was then taken up. The Ordinance was adopted for second and final passage.


                
(#67) – ORDINANCE AMENDING 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, Bridge 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 8:50       P.M.



ATTEST:                                         CHERYL A. LAPOINTE
                                                        CITY CLERK