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MINUTES - 04-24-2008

A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
April 24, 2008 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of
this meeting was posted on April 18, 2008 at 10:21 A.M.
        

       All Councillors were present.

       Council President Michael Sosnowski presided.

Councillor Prevey 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.



#249 – APPT. OF JANET KENDALL TO THE BEAUTIFICATION COMMITTEE


The Mayor’s appointment of Janet Kendall to serve as a member of the Beautification Committee for a term to expire April 1, 2010, was held under the rules until the next meeting of May 8, 2008.



#250 – REAPPT. OF CONSTABLE

PersonNameMayor’s reappointment of David Almeida, 1804 Broughton Dr., Beverly with a term to expire March 16, 2009, was received and placed on file.



#251 – TRANSFER TO POLICE DEPARTMENT EXPENSE ACCOUNTS


The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.

        ORDERED: That the sum of Twenty-Five Thousand ($25,000.00) is hereby transferred from the “Police - Salary” account to the accounts listed below in accordance with the recommendation of Her Honor the Mayor:


        Building Maintenance            10,000.00
        Natural Gas                               8,000.00
        Office Supplies                   4,000.00
        Other Expenses                    3,000.00

        Total                                           25,000.00



#252 – DONATION FROM RCG LLC FOR DOWNTOWN TRAFFIC AND PARKING SIGNAGE

        The following Order recommended by the Mayor, was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        ORDERED: That the City of Salem accept a check in the amount of $5,000.00 from the RCG LLC Client Fund Account which will be used specifically for downtown traffic and parking signage.


#253 – LAYING OUT OF PEABODY STREET AND TRAFFIC PATTERN ON WARD STREET

        On the Mayor’s petition to alter the layout of Peabody Street and to change the traffic pattern on Ward Street a hearing was ordered for May 8, 2008.


#254 – REMOVAL OF A CONSTABLE

        On the Mayor’s communication to remove John D. Orlowski as a Constable in the City of Salem per Massachusetts General Law Chapter 41, Section 91, the recommendation was adopted.


#255 – ORDINANCE AMENDING TRAFFIC, ONE WAY, WARD STREET

        Councillor McCarthy 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 10, “One Way Street”

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

        
        Section 1. Ward Street, one way from Peabody Street in a westerly direction to Lafayette Street, and Ward Street two way between Peabody Street and Congress Street.

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


#256 – TAG DAY APPLICATION

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

        ORDERED: That the enclosed Tag Day application of Operation Smile to be held on April 28, 2008 and May 5, 2008 from 11:00 A.M. to 6:00 P.M. be approved.


#257 - ORDINANCE AMENDING TRAFFIC, STOP SIGN, PEABODY STREET

        Councillor McCarthy 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 49, “Stop Sign”

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

        Section 1. Peabody Street at the intersection of Ward Street, “Stop Sign”

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


#258 – REVIEW PEABODY’S ZONING ORDINANCE

        Councillor Sargent introduced the following Order, which was adopted.

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to study and review Section 6.2 of the City of Peabody, Zoning Ordinance Book,  regarding “Off Street Loading”.

        The Committee will decide whether or not this section 6.2 of the Peabody Zoning Ordinance would be helpful to the City of Salem Ordinances and/or Zoning Ordinances and make recommendations and/or changes to it as they see fit. Recommendations if any will be referred to the full Council. This matter is to be co-posted with the Committee of the Whole.



#259 – GRANTING CERTAIN 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.

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting a certain license, has considered said matter and would recommend that the following be granted.

TAXI OPERATOR                   Milciades Pichardo, 146 Lafayette St., Salem



#260 – (#239) - LAND USE BOARDS & COMMISSIONS AS SPECIAL MUNICIPAL EMPLOYEES

        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 designating land use Boards and Commissions as Special Municipal Employees, has considered said matter and would recommend adoption for the following five (5) Boards and Commissions:  Conservation Commission, Design Review Board, Historic Commission, Planning Board and Redevelopment Authority.



#261 – (#227) – CDBG APPLICATION

        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’s application for Federal Assistance to the United States Department of Housing and Urban Development for Community Development Block Grant Funds has considered said matter and would recommend approval.




#262 – (#240, 241, 242) -  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.

        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                    Brian Donnelly, 300 Essex St., Salem

SECOND HAND
VALUABLE                                Cabin Fever, 281 Essex St., Salem

TAG DAY                         Salem Little League, May 17, 2008 & June 14, 2008


#263 – (#107) – RELOCATION OF RESIDENT STICKER PARKING PROGRAM

        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 the Resident Sticker Parking Program relocation, has considered said matter and would recommend that an Ordinance be drafted by the City Solicitor and forward to the Committee on Ordinances, Licenses and Legal Affairs and the Chairman of the Committee be authorized to establish a working group consisting of a representative of Mayor Driscoll, City Solicitor, Finance Director, Police Traffic Division, Director of Human Resources, Parking Director, representative of the Parking Department Board and City Clerk to work on any proposed ordinances.


#264- (#244) – TWO OPERATOR LICENSES FOR CITYVIEW TROLLEY

        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 two (2) Operator License applications for CityView Trolley, has considered said matter and would recommend they be approved.





#265 – #265A - #265B - (#172) – SALARY ORDINANCE OF THE MAYOR

        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 reviewing the Salary Ordinance of the Mayor, has considered said matter and would recommend that the matter be referred to the Committee on Administration and Finance co-posted with the Committee of the Whole along with the enclosed Order and Ordinance submitted to the Committee by the City Solicitor.


#265A – ORDER

        ORDERED: That the attached draft amendment to the City Ordinance be referred to the Committee on Administration and Finance and that the Committee report the matter out of Committee no later than May 8, 2008. Further, that the Committee make a recommendation as to the Mayor’s salary effective July 1, 2008 or for an escalation in salary for FY 2009, 2010 and 2011, with the latter necessitating a change of date within paragraph (b) of the proposed Ordinance to 2011.

#265B – ORDINANCE

        In the year two thousand and eight

        An Ordinance to amend an Ordinance relative to the Salary of the Mayor

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

        Section 1. Chapter 2, Division 2, Section 2-142 Compensation is hereby amended by deleting this section in its entirety and replacing it with the following:

        Section 2-142. Compensation.

(a)     Effective July 1, 2008, the mayor shall receive a salary of $__________per annum.

        (b) During the first three months of the City Council’s biennial organization, commencing January 2009, the matter of the Mayor’s compensation shall be reviewed by the City    Council Committee on Administration and Finance and a recommendation reported to the City Council no later than the first meeting in April. The Committee shall recommend the salary of the mayor for the subsequent two fiscal years.

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


#266 – (#229) – SCHEDULE TWO PUBLIC HEARINGS REGARDING TRANSFER STATION

        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.

        The Committee on Public Health, Safety and Environment to whom was referred the matter of 12 Swampscott Road and scheduling of two public hearings, has considered said matter and would recommend that two public hearings regarding the transfer station be held with dates to be determined and that the following be invited Northside Carting, the Mayor or her representative, Solicitor, Planning and the Board of Health.


#267 – ALL CITY CAB FAILURE TO LICENSE

        The communication from Officer Page, Police Traffic, regarding his recommendation to ban All City Cab LLC from operating in Salem due to the Company’s failure to license for 2008 was adopted.

        Councillor O’Keefe moved a motion of reconsideration in the hopes it would not prevail. Reconsideration was denied.


#268 - #269 LICENSE APPLICATIONS

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

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

SEAWORM                         Bette Larsen, 190 Bridge St. #5102, Salem


#270 – TAXI OPERATOR LICENSE APPLICATIONS

        The following license applications were granted.



TAXI OPERATORS          Juan Francisco Lopez, 63 ½ Boston St., Salem
                                        Nelson Sanchez, 260 Washington St. #21, Salem
                                        Andrew Ferretti, 17 Keys Dr. #5, Peabody
                                        Thomas Alley, 74 Aborn St., Peabody
                                        
#271 - #272 – CLAIMS

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

                                Melissa Beaupre, 40 Ward St. #3R, Salem
                                Jesse Jalbert, 11 Stearns Place, Salem

#273 – BOND

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


CONSTABLE:              David Almeida, 1804 Broughton Dr., Beverly      
        
                                
(#231) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, MONROE ROAD

        The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Monroe Road, was then taken up. The Ordinance was adopted for second and final passage.

(#232) – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, MONROE ROAD

        The matter of second and final passage of an Ordinance amending Traffic, Resident Sticker Parking, Monroe Road, was then taken up. The Ordinance was adopted for second and final passage.


(#233) – ORDINANCE AMENDING TRAFFIC, STOP SIGN, RAYMOND AVENUE

        The matter of second and final passage of an Ordinance amending Traffic, Stop Sign, Raymond Avenue, was then taken up. The Ordinance was adopted for second and final passage.


        On the motion of Councillor O’Keefe the meeting was adjourned at 8:40 P.M.



ATTEST:                                         CHERYL A. LAPOINTE
                                                        CITY CLERK