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MINUTES - 03-27-2008

A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 27, 2008 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on March 21, 2008 at 9:01 A.M.
        

       Councillor Sargent was recorded as absent.

       Council President Michael Sosnowski presided.


Councillor Pelletier 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.

        Councillor Pinto requested a moment of personal privilege for a moment of silence in memory of Peter DeOrio who passed away.



#167 - PETITION OF NATIONAL GRID FOR CONDUITS ON CROMBIE STREET


        Held from the last meeting of a hearing on the Order of National Grid to install six (6) conduits on Crombie Street. Appearing in favor was Sabhita Mahabier-Sheehy representative of National Grid. Also appearing in favor was Attorney George Atkins representing the developer Jeffrey Holoran. There was no one opposed. The Hearing was closed. Councillor Pelletier moved that the request be granted. It was so voted.



(#168) – APPT. OF LUCY CORCHADO TO THE AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES

        Held from the last meeting under the rules  the Mayor’s appointment of Lucy Corchado  to serve as a member of the Affordable Housing Trust Fund Board of Trustees for a term to expire March 1, 2011 was held under the rules until the next meeting of April 10, 2008.






#189 - #190 CONSTABLES

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

        Henry Bornstein, 5 Rockingham St., Lynn         Term to expire:  March 11, 2009
        Lauren D’Avella, 5 Rockingham St., Lynn         Term to expire:  March 11, 2009



#191 – TRANSFER  TO CEMETERY – BURIAL

        The following Order, recommended by the Mayor was adopted.

        ORDERED: That the sum of Seven Thousand Two Hundred Dollars ($7,200.00)  is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor.



#192 – TRANSFER TO GOLF COURSE – RENTAL AND LEASE
        The following Order, recommended by the Mayor, was adopted.

        ORDERED: That the sum of Four Thousand Dollars ($4,000.00)  is hereby appropriated from the “Receipts Reserved – Golf Course” account to the “Golf Course – Rental & Lease” account in accordance with the recommendation of Her Honor the Mayor.


#193 – ACCEPT MASS. GENERAL LAW CH. 44, SEC. 53E ½ FOR REVOLVING FUND FOR DOG PARK TAGS

        The following Order, recommended by the Mayor, 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: The fees from the dog park tags issued by the Director of Park, Recreation and Community Services or his or her designee for use of the dog park at Leslie’s Retreat Park shall be deposited into a revolving fund pursuant to Massachusetts General Laws Chapter 44, Section 53E1/2. The receipts received from the issuance of the dog park tags shall be expended solely for the administration, care and maintenance of the dog park. The Director of the Park, Recreation and


Community Services may expend one hundred percent of the receipts from the dog park tags, not including interest, upon recommendation each fiscal year by the Mayor and vote of the City Council.


#194 – ORDINANCE AMENDING DOG PARK TAG FEES

        The following Ordinance recommended by the Mayor, was adopted for first passage.

        In the year two thousand and eight

        An Ordinance to amend an Ordinance relative to the Dog Park Tag Fees.

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

        Section 1. Chapter 26, Section 26-104 entitled Dog Park Tag Fees is hereby amended by  deleting the following paragraph, “All fees received by the Park, Recreation and Community Services Department shall be deposited into a special account entitled “Dog Park Receipts Reserved for Appropriation.” Said receipts shall be appropriated solely for the administration, care and maintenance of the Dog Park. Said receipts may be expended by the Director of Park, Recreation and Community Services, upon approval of the Mayor and following a vote of the City Council,” and replacing such with the following paragraph:

        “All fees received by the Park, Recreation and Community Services Department shall be deposited into a revolving fund account. Said receipts shall be expended solely for the administration, care and maintenance of the dog park at Leslies’ Retreat Park. Each fiscal year, said receipts may be expended by the Director of Park, Recreation and Community Services upon recommendation by the Mayor and vote of the City Council.”

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



#195 – DISCLOSURE OF FINANCIAL INTEREST BY FIREFIGHTER PATRICK BURKE

        The following Order recommended by the Mayor, regarding her appointment of Firefighter Patrick Burke as Seasonal Director of Forest River Pool and the disclosure of Financial interest 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: In accordance with Massachusetts General Law, Chapter 268A, Section 20(b), the City Council hereby declares that Firefighter Patrick Burke has met the requirements for exemption as set forth in this section and may be retained as the Director of the Forest River Pool

by the Park, Recreation and Community Services Department for the 2008 summer season, not to exceed 500 hours in this calendar year.


#196 – CITY CLERK RAISE FEES FOR VITAL RECORDS

        Councillor Pelletier introduced the following Order, which was adopted.

        ORDERED: That the attached proposal from the City Clerk, regarding an increase in fees for the issuance of vital records, effective April 1, 2008, be adopted.

        
#197 – FINANCIAL REPORT OF FEBRUARY 29, 2008

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the Financial Report dated February 29, 2008 be received and placed on file.


#198 – ORDINANCE TRAFFIC, HANDICAP PARKING LIMITED TIME, BOSTON STREET

        Councillor Ryan 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, “Handicap Parking, Limited Time”

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

        Section 1. Boston Street, easterly side, across from 83 Boston Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”

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









#199 – RE-ACTIVATE THE SALEM STATE COLLEGE NEIGHBORHOOD ADVISORY COMMITTEE

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

        ORDERED: Recommended that the Mayor Kimberley L. Driscoll re-activate the Salem State College Neighborhood Advisory Committee (S.S.C.N.A.C.)


#200 – SOLICITOR’S OPINION REGARDING LICENSING OF TROLLEY’S

        Councillor Lovely and CouncillorSosnowski introduced the following Order, which was adopted.

        ORDERED: That the Opinion of City Solicitor Elizabeth Rennard dated March 27, 2008 regarding Trolley Licenses, be referred to the Committee on Ordinances, Licenses and Legal Affairs for review and recommendation. And discuss route to Pioneer Village and weigh impact of Trolleys to Forest River. Invite the following: Police Traffic Division and Parking Director.


#201 – ORDINANCES REGARDING PAINTS AND MARKERS

        Councillor Pinto introduced the following Order, which was adopted.

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss adoption of a similar ordinance as the attached Ordinances from Boston, pertaining to the “Sale of Certain Paints and Markers,” and “Prohibiting Defacement of Property, and Possession of Certain Items”. And that the City Solicitor be invited, and co-post with the Committee of the Whole.


#202 – BUFFER ZONES

        Councillor Pinto on behalf of Councillor Sargent introduced the following Order, which was adopted.

        ORDERED: That the Committee on Community and Economic Development meet to discuss the issue of Buffer Zones between Business and Residential Property and Buffer Zones between the different types of Business and Commercially Zoned properties in Salem. The Committee will review existing rules pertaining to Buffer Zones and make recommendations to the Council.


#203 – PROCESS FOR THE NAMING OF CITY STREETS

        Councillor Pelletier introduced the following Order, which was adopted.

        ORDERED: That the Committee on Government Services co-posted with the Committee of the Whole meet to discuss the process and implementation for the naming of City Streets, Chapter 38, Section 38-3 (a-c) and Chapter 38, Section 51-55 and 58 for the Acceptance of Streets and that the following be invited, the Planner, City Engineer, City Solicitor, members of the Planning Board, Mayor or her designee and Assessor.


#204 – (#178- #818) 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.

PUBLIC GUIDE                    Joan Pagliuca, 31 Winthrop St., Dedham
                                        Bruce Bateman, 74 Forest St., Salisbury

SECOND HAND
VALUABLE                                Antiques & Uniques of Salem, 130 North St., Salem


TAG DAY                         S.H.S. Tennis Team, April 20, 2008 & May 31, 2008
                                        S.H.S. SwimTeam, December 6, 2008


#205 – (#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, has considered said matter and would recommend that Councillor Lovely develop a statement of work for a budget analyst position in coordination with Mr. Richard Viscay, the Legal Department, John Danizio and the Mayor’s office and report the findings and recommendation to the Committee.




#206 – (#729 of 2007) PUBLIC HEARING ON ISSUES SURROUNDING SALEM STATE COLLEGE BASEBALL FIELD & TENNIS COURTS

        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 public hearing on issues surrounding Salem State College baseball field and tennis courts, has considered said matter and would recommend that Salem State College report back to the City Council in thirty days addressing the unanswered questions and that the matter remain in Committee.


#207 – LIAISON TO SALEM VETERAN’S COUNCIL

        A request from Salem Veteran’s Council to appoint a liaison from the Salem City Council to their organization was received. Councillor O’Keefe nominated Councillor Sosnowski to serve as the liason to the Salem Veteran’s Council, it was so voted. Councillor O’Keefe requested and received unanimous consent to allow Mr. Roger Leger representative of the Veteran’s Council to speak.


#208 – #209 LICENSE APPLICATIONS

        The following licenses applications were referred to the Committee on Ordinances, Licenses and Legal Affiars:  

PUBLIC GUIDE                    Mike Boudo, 16 Cabot St., Salem

TAXI OPERATORS                  Steven Nova, 190 Loring Ave., Salem
                                        Jaime Lopez, 34 Hanover St. #6, Lynn











#210 – #213 LICENSES            
                
        Councillor Lovely moved to divide the question. It was so voted. Councillor Lovely moved that the license applications for the Limousines, Taxi Operators and Vehicle for Hire operators only for Salem Pedicab be granted and the Vehicle for Hire (Trolleys) and Operators for City View, Inc. be referred to the Committee on Ordinances, Licenses and Legal Affairs. It was so voted.

LIMOUSINE                               Futuristic Transportation, 29 Rantoul St., Beverly (2)
                                        Ozoria Car Service, 33 Park St., Salem  (1)


TAXI OPERATORS                  Dave Doherty, 116 Lafayette St., Salem
                                        Tammy Mejia, 106 Boston St., Salem
                                        Jeffrey Alexander, 104 Holten St., Danvers
                                        Steven Clocher, 68 Beaver St., Salem
                                        Rafael Pena, 373 Chestnut St., Lynn
                                        Mark Adams, 59 Goodale St., Peabody
                                        Robert Corriveau Jr., 78 Endicott St., Peabody


VEHICLE FOR HIRE                CityView, Inc., 41 Federal St., Salem           (8 Trolleys)
(VEHICLES & OPERATORS)  Eric Fraize, 41 Federal St., Salem
                                        Anna Bon Allgeier, 59 Old Jacobs Rd., Georgetown
                                        Kevin Malone, 12 Anne Dr., Peabody
                                        Stephen Nadolna, 80 Marlborough Rd., Salem
                                        
VEHICLE FOR HIRE                Salem Pedicab, 7 N. Pine St., Salem
(OPERATOR ONLY)         Douglas Parker, 7 N. Pine St., Salem
                                        
                

#214 - #217 CLAIMS

        The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affiars:  
                        
                        Michael A. Bates, 10 Blake St., Beverly
                        Robert Denehy, 29 Crescent Dr., Salem
                        Jessica Quealy, 31 Farragut Rd., Swampscott
                        Tina Rhodes, 201 Humphrey St. #2, Marblehead                    




#218 - #220  BONDS

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

CONSTABLE:              Henry Bornstein, 5 Rockingham St., Lynn 
                                Lauren D’Avella, 5 Rockingham St., Lynn

SIGN:                           Minit Print, Inc. 40 Boston St., Salem  


        



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







ATTEST:                                                 CHERYL A. LAPOINTE
                                                                CITY CLERK