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MINUTES - 06-12-2008

A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 12, 2008 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on June 6, 2008 at 10:04 A.M.
        

       Councillor Jean Pelletier was recorded as absent.

       Council President Michael Sosnowski presided.


Councillor Ryan 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.



(#318) – APPT. OF HELEN SIDES TO DESIGN REVIEW BOARD

        Held from the last meeting the Mayor’s appointment of Helen Sides to serve as a member of the Design Review Board (DRB) for a term to expire June 1, 2011, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.

        Councillor Pinto requested and received unanimous consent to suspend the rules to allow Ms. Sides to speak.


#341 – REAPPT. OF DONNA CLIFFORD TO COUNCIL ON AGING

        The Mayor’s reappointment of Donna Clifford to serve as a member of the Council of Aging for a term to expire on February 1, 2010, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.


#342 – REAPPT. OF CONRAD BALDINI TO THE SALEM REDEVELOPMENT AUTHORITY

        The Mayor’s reappointment of Conrad Baldini to serve as a member of the Salem Redevelopment Authority for a term to expire on February 1, 2012, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.


#343 – REAPPT. OF MICHAEL BRENNAN TO THE SALEM REDEVELOPMENT AUTHORITY

        The Mayor’s reappointment of Michael Brennan to serve as a member of the Salem Redevelopment Authority for a term to expire on February 1, 2012, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.


#344 - REAPPT. OF MICHAEL CONNELLY TO THE SALEM REDEVELOPMENT AUTHORITY

        The Mayor’s reappointment of Michael Connelly to serve as a member of the Salem Redevelopment Authority for a term to expire on February 1, 2012, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.


#345 - REAPPT. OF MICHAEL CAGGIANO TO THE PARKING BOARD

        The Mayor’s reappointment of Michael Caggiano to serve as a member of the Parking Board for a term to expire on February 1, 2009, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.

#346 - REAPPT. OF SUSAN HENSLEY TO THE PARKING BOARD

        The Mayor’s reappointment of Susan Hensley to serve as a member of the Parking Board for a term to expire on February 1, 2009, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.


#347 - REAPPT. OF SAM SPATAFORE TO THE PARKING BOARD

        The Mayor’s reappointment of Sam Spatafore to serve as a member of the Parking Board for a term to expire on February 1, 2009, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.




#348 - #350 - APPTS AND REAPTS OF CONSTABLES

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


                Antonio L. Vieira, 136 Boston St., Salem                        Term to Expire:  June 1, 2009
                James Townsend, 126 Front St., Ashland          Term to Expire:  April 11, 2011
                Mark S. Ianuzzi, 129 Granite St., Peabody               Term to Expire:  April 23, 2009
        
        


#351 – TRANSFER TO ENGINEERING – SEWER SYSTEM IMPROVEMENTS

        The following Order recommended by the Mayor, was adopted.

        ORDERED: That the sum of Two Hundred and Seventy Thousand Dollars ($270,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” to “Engineering – Sewer System Improvement” in accordance with the recommendation of Her Honor Mayor.




#352 – TRANSFER FROM OVERLAY SURPLUS TO VARIOUS ACCOUNTS

        The following Order recommended by the Mayor, was adopted.

        ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby transferred from the “Fund Balance – Reserved for Overlay Surplus” to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.

        Public Property – Oil Heat              $7,000.00
        Purchasing – Advertising                $2,000.00
        Public Property – Annex Taxes   $9,700.00
        DPW – Contracted Services       $20,000.00
        Electrical – Over Time          $6,000.00
        Finance – Contracted Services   $5,300.00











#353 – TRANSFER TO SPED – DEFICITS AND CIP – LEASE PROGRAM

        The following Order recommended by the Mayor, was adopted.

        ORDERED: That the sum of Forty-Eight Thousand Fifty-Two Dollars and Seventy-six cents ($48,052.76) is hereby transferred from the “Treasurer’s NSRV Assessment” to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.

        SPED Deficits           $40,000.00
        CIP-Lease Payments        $8,052.76
                                        $48,052.76


#354 – TRANSFER TO VARIOUS GROUP INSURANCE LINES

        The following Order recommended by the Mayor, was adopted.

        ORDERED: That the sum of Nine Thousand Two Hundred and Fifty-Five dollars and Eighty-Seven cents ($9,255.87) is hereby transferred from the “Receipts Reserved – Harbormaster” and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.

2nd Quarter

        SS/Med             485.60
        Health Ins              6,036.83
        Life Ins                     49.52
        Dental Ins                   78.33
        Retirement              2,605.59
        Total                   9,255.87


#355 – TRANSFER TO PUBLIC SERVICES – SEWER POLICE DETAIL


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 “Retained Earnings – Sewer Fund” to “Public Services – Sewer Police Detail” in accordance with the recommendation of Her Honor the Mayor.





#356 – TRANSFER TO PUBLIC SERVICES – WATER POLICE DETAIL


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 “Retained Earnings – Sewer Fund” to “Public Services – Water Police Detail” in accordance with the recommendation of Her Honor the Mayor.


#357 – FIVE YEAR CONTRACT WITH NORTHSIDE CARTING

        The following Order recommended by the Mayor was referred to the Committee of the Whole.

        ORDERED: That the Mayor is hereby authorized to execute a five-year waste collection, disposal and recycling contract between the City of placeCitySalem and Northside Carting, Inc. The contract shall allow, at the City’s option, an extension of the contract for an additional five years. Any such extension must receive prior approval of the City Council.


#358 – DONATION OF SCHOOL FURNITURE AND SUPPLIES TO A CHARITABLE ORGANIZATION

The following Order recommended by the Mayor was adopted.

        ORDERED: That the City of placeCitySalem donate certain school furniture, supplies and equipment to a charitable organization.

        Councillor Prevey requested and received unanimous consent to suspend the rules to allow Mr. Paul L’Heureux to speak.


#359 – RESERVED PARKING SOUTH HARBOR GARAGE

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

        ORDERED: The twenty-six metered parking spaces on the ground floor of the South Harbor Garage at 245 Derby Street may be replaced and designated as reserve parking at an annual fee of $1,200.00. Meters shall only be replaced with reserve parking spaces after the execution of a license agreement between the City and a licensee.




#360 – RATES FOR MUSEUM PLACE AND SOUTH HARBOR GARAGES

        The following Order recommended by the Mayor was adopted.

        ORDERED: That the following parking rates be applied:

·       $5.00 parking rate entry fee for the 4th of July Holiday at the Museum Place and South Harbor Garages, and

·       $20.00 parking rate entry fee for Haunted Happenings, including the dates of November 1st and 2nd, at the Museum Place and South Harbor Garages as well as the Church Street gated lot.




#361 – ACCEPT DONATIONS FOR BENCHES AT SALEM WILLOWS AND FOREST RIVER PARK

        The following Order recommended by the Mayor was adopted.

        ORDERED: That the City of Salem accept the following donations for six benches, one of which will be placed at Forest River Park, one which will be placed at the Salem Willows Park and four of which will be placed at various parks throughout the City:

        Nancy Franciosa         $800.00

        Gail Murdock                    $800.00

        Debra Marshall          $800.00

        Donna Kimball           $1,200.00

        Lucien Chalifour                $800.00

        Bertha Cappucio         $1,400.00

#362 – ACCEPT DONATIONS TO SPONSER THE 4TH OF JULY EVENTS

        The following Order recommended by the Mayor was adopted.

        ORDERED: To accept the following donations to sponsor this year’s July 4th event and festivities.
        
        Osborne Hills Realty Trust                      1,000.00
        Salem Five Charitable Foundation        5,000.00
        Demoulas Supermarkets                   2,500.00

        National Grid                                   1,000.00
        Special Thoughts Outlet Inc.            100.00
        Carpenters Local Union 26                       250.00
        C.N. Wood Co., Inc.                             250.00
        Crosby’s Markets, Inc                   600.00
        Beverly National Bank                   500.00
        Tache Auctions and Sales                        2,500.00
        Kelley and Ryan Assoc.                  1,000.00
        James and Claire Bailey                 1,000.00
        Dominion                                        10,000.00
        Harvard Pilgrim Health Care             500.00
        Thai Hut Inc. Thia Place                        1,000.00
        VS Castle Co Inc. (Victoria Station)    150.00
        Eastern Bank                            2,500.00
        KVA Associates                          1,500.00
        Target                                          10,000.00
        TOTAL                                   41,350.00


#363 – THREE YEAR LEASE AGREEMENT WITH GERALD T. MCCARTHY INSURANCE

        The following Order was received after the deadline of Tuesday noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules and allow the matter to come before the Council.

        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, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.

        ORDERED: That the City Council enter into a three year lease agreement between Gerald T. McCarthy Insurance Agency, Inc. of 92 North Street, Salem, MA 01970 for advertising at hole #2 at the Salem Municipal Golf Course.


#364 – ORDINANCE AMENDING SOLID WASTE

        The following Order was received after the deadline of Tuesday noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules and allow the matter to come before the Council.

        The following Order recommended by the Mayor, was adopted for first passage and referred to the Committee of the Whole. Councillor Sargent was recorded as voting present.

        In the year two thousand and eight

        An Ordinance to amend an Ordinance relative to Solid Waste Management

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

        Section 1.  (1) Chapter 36, Section 36-6, Collection fee for certain residences is hereby amended by deleting the fee of “$20.00” as it appears in paragraph (a) and replacing it with the fee of “$16.00”.

                        (2) Chapter 36, Section 36-8, Collection fee for certain commercial establishments is hereby amended by deleting the fee of “$30.00” and replacing it with the fee of “$24.00”.

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


#365 – SUSPEND USE OF PARKING METERS AT SALEM WILLOWS

        Councillor Pinto introduced the following Order, which was adopted.

        ORDERED: That the parking meters at Salem Willows be suspended for the following events:

        June 21, 2008 Read Fund Picnic
        June 22, 2008 North Shore Cancer Walk
        July 19, 2008  Black Picnic

        And that no enforcement of said meters take place on those dates only.


#366 – YEAR TO DATE BUDGET TRANSFER REPORT

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the Year-To-Date Budget Transfer Requests Report dated May 31, 2008, be received and placed on file.





#367 – FINANCIAL REPORT DATED APRIL 30, 2008

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the Financial Report dated April 30, 2008, be received and placed on file.


#368 – THIRTY DAY TRIAL TROLLEY STOPS

        Councillor Furey introduced for Council President Sosnowski the following Order, which was adopted.

        ORDERED: That a trial period of up to 30 days for “Trolley Vehicle Stops” be as follows:

        Essex Street, northerly side, twenty (20) feet from Liberty Street, Trolley Stop #1, “Trolley Stop Parking, Tow Zone”

        Essex Street, northerly side across from 131 Essex Street, Trolley Stop #2, “Trolley Stop Parking, Tow Zone”

        (Eliminate tour bus parking to relieve congestion on Essex Street, trial period)



#369 – (#212) - GRANTING VEHICLE FOR HIRE AND OPERATOR 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 CityView Trolley Vehicle For Hire Licenses and Operator Licenses, has considered said matter and would recommend that the enclosed operator licenses (4) and 6 trolley vehicles be granted.



#370 – (#300A) – ORDINANCE FOR THE SALE OF CERTAIN PAINTS & MARKERS FOR DEFACEMENT OF PROPERTY PROHIBITED

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. 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 an Ordinance relative to Offenses and Miscellaneous Provisions, Sale and Possession of certain Paints and Markers for Defacement of Property Prohibited, has considered said matter and would recommend that the Ordinance be adopted for first passage.



#371 – (#323) – ORDINANCE RELATIVE TO PURCHASE OF GOODS, SERVICES AND DISPOSITION OF SURPLUS

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. 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 an Ordinance relative to the Purchase of Goods, Services and Disposition of Surplus, Chapter 2, Article X, Division 1, has considered said matter and would recommend that the Ordinance be adopted for second and final passage.


#372 – (#324) – ORDINANCE RELATIVE TO CITY TREASURER AND CITY COLLECTOR

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. 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 an Ordinance relative to the City Treasurer and City Collector, Chapter 2, Article III, Division 8, has considered said matter and would recommend that the Ordinance be adopted for second and final passage.


#373 – DEPARTMENT’S PERMITS AND FEES

        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 compiling a list of the department’s permits and fees, has considered said matter and would recommend that the matter remain in committee and that the current list be distributed to all the Councillors.












#374 – (#325) – ACCEPT M.G.L. CHAPTER 44, SECTION 53E ½  FOR ESTABLISHING AND EXPENDING FY09 REVOLVING FUNDS

        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 accepting the provisions of M.G.L. Chapter 44, Section 53E ½ to authorize the establishment of the revolving funds for Fiscal Year 2009 and the expenditures of said funds, has considered said matter and would recommend approval.


#375 – (#290) - RECOMMENDATION FROM THE PLANNING BOARD FOR ZONING AMENDMENT OF 129-151 LAFAYETTE STREET (ST. JOSEPH’S)

        A communication from the Planning Board with a positive recommendation to amend the zoning map to extend the B-5 zone to include a parcel located at 129-151 Lafayette Street (St. Joseph’s Church).

        Councillor McCarthy moved for adoption of first passage.

The Zoning amendment was adopted for first passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pinto, Prevey, Ryan and Veno were recorded as voting in the affirmative. Councillors Sargent and Sosnowski were recorded as voting in the negative. Councillor Pelletier was recorded as absent.


        Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.


#376 – CONDUIT LOCATION ON  CENTRAL STREET

        A hearing was ordered for June 26, 2008 on the petiton of Comcast to install one conduit  on Central Street.


#377 – CONDUIT LOCATION ON DODGE STREET COURT

        A hearing was ordered for June 26, 2008 on the petition of Comcast to install one conduit on Dodge Street Court.





#378 – HEARING REQUEST FOR A TAXI CAB OPERATOR LICENSE

        A request for hearing from Jaime Lopez regarding his taxi cab operator license, was referred to the Committee on Ordinances, Licenses and Legal Affairs and a hearing was ordered for June 26, 2008 at 6:30 P.M.


#379 – FUEL SURCHARGE FOR TAXIS

        A request from Community Taxi to meet with City Council to discuss fuel surcharge and taxis with livery plates, was referred to the Committee on Ordinances, Licenses and Legal Affairs and to be co-posted with the Committee of the Whole for a meeting on July 9th, 2008 at 6:30 P.M.


#380 - #381 – BLOCK PARTIES

        The following requests for Block Parties were granted.

       Pickman Park, July 3, 2008
       Scenic Avenue, August 16, 2008, rain date of August 17, 2008


#382 - #387 – LICENSE APPLICATIONS

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

PUBLIC GUIDES                   Robert Woodward, 56 Hatherly Rd. Rockland
                                        Thomas Sharpley, 1 Cordis St., Charlestown
                                        T. Michael Keaton, 55D Brackett Pl., Marblehead
                                        Frances Kneeland, 1 Cordis St., Boston
                                        Raul Consund, 267 Weston Rd., Wellesley
        
SECOND HAND                     Treasures Over Time, 131 Essex St. #4, Salem
VALUABLE                                

TAG DAY                         Disabled American Vets, July 11, 12 & 13, 2008
                                        The Pink Angels, July 19, 2008
                                        S.H.S. Girls Soccer, August 30, 2008 & Sept. 28, 2008

VEHICLE FOR HIRE                Matthew R. Sposato, 9 Hathorne St., Salem
(OPERATOR ONLY  )               (for placePlaceNameWitch PlaceTypeCity Rickshaw)        




#388 - #390 - LICENSE APPLICATIONS

        The following license applications were granted.
        
VEHICLE FOR HIRE                
(OPERATORS ONLY)                Michelle Grzyb, 17 Gardner St., Salem
                                        Zachary Kamel, 14 Curtis St., Marblehead
                                        Kathryn Maristany, 76 Webb St., Salem
                                        David O’Brien, 5 Turner St., Salem
                                        (for placePlaceNameWitch PlaceTypeCity Rickshaw)

                                        Arnold J. Wood, 23 Coolidge Park, Wakefield
                                        Ronald Gray, 45 South Rhoda St., Tewksbury
                                        (for placeCitySalem Pedicab)

                                        Joel Cassidy, 35 March St., Salem
                                        Frances P. Rennie, 19 Piedmont St., Salem
                                        Richard A. O’Neill, 82 Essex St., Middleton
                                        Richard J. Lloyd, 9 East Garfield Ave., Beverly
                                        Ronald Olson, 154 Lafayette St., Marblehead
                                        Francis O. Remon, 17 Butterworth Rd., Beverly
                                        Robert Anthony, 37 Boardman St., Salem
                                        Frank Amato, 6 Canterbury Dr., Peabody


#391 – DRAINLAYER / CONTRACT OPERATOR LICENSE

        The Following Drainlayer / Contract Operator License was granted.
                
                        
SLT Construction Corp., 3 Marion Dr., Carver



#392 - #395 - CLAIMS

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


                        Peter Beaton, 39 Crowdis St., Salem
                        Roberta Hussey, 18 Crombie St., Salem
                        Mary Ann Madore, 4 Flying Cloud Lane, Salem
                        Marley Properties Salem, LLC, 204 Second Ave., Waltham


#396 - #400 - BONDS

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


CONSTABLE:      Antonio L. Vieira, 136 Boston St., Salem                        
                        James Townsend, 126 Front St., Ashland          
                        Mark S. Ianuzzi, 129 Granite St., Peabody       

DRAINLAYER      SLT Construction Corp., 3 Marion Dr., Carver

SIGN                    Strega, 94 Lafayette St., Salem 
        
                                
(#322) – SECOND PASSAGE – ORDINANCE AMENDING FEES, CERTIFICATE OF FITNESS INSPECTIONS BY THE HEALTH DEPARTMENT

        The matter of second and final passage of an Ordinance amending Fees, Certificate of Fitness Inspections by the Health Department was then taken up.

        Councillor O’Keefe moved to refer the Ordinance to the Committee on Administration and Finance and co-posted with the Committee of the Whole. It was so voted. Councillor Sargent was recorded as present.


        On the motion of Councillor O’Keefe the meeting adjourned at 8:55       P.M.


ATTEST:                                                 CHERYL A. LAPOINTE
                                                                CITY CLERK