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MINUTES - 10-09-2008

A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 9, 2008 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on October 3, 2008 at 11:21 A.M.
        
       All Councillors were recorded as 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.

        Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow the Mayor to speak.




#582 – REQUEST FROM THE MAYOR TO ADDRESS THE CITY COUNCIL

        A request of the Mayor to address the City Council to give an update on the current fiscal outlook was received and filed.

        
#583 – REAPPT. OF MEMBERS OF THE BIKE PATH COMMITTEE

        The Mayor’s reappointment of the following to serve as members of the Bike Path Committee with the following terms to expire October 1, 2011, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        Stan Franzeen, 34 Daniels St., Salem
        David Pelletier, 12 Crombie St., Salem


#584 -  CONSTABLE

The Mayor’s appointment of John Ruehrwein, 32 Pine St., Wakefield, to serve as Constable with a term to expire December 10, 2011, was received and placed on file.







#585 –  APPR. TO HUMAN RESOURCES – WORKERS COMPENSATION

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

ORDERED: That the sum of Thirty-Six Thousand, Six Hundred and Seventy-Two Dollars and Ninety-Six Cents ($36,672.96) is hereby appropriated to “Human Resources – Workers Compensation” account listed below to be funded by property taxes, state aid, non-property tax revenue and reserves when the FY 2009 tax rate is set in accordance with the recommendation of Her Honor the Mayor.

        Workers Comp Salaries           30,160.29
        Workers Comp Medical              1,409.63
        Workers Comp Ext.                         5,103.04

        Total                                   36,672.96



#586 – ACCEPT DONATION FROM SPECTRUM HEALTH SYSTEM INC.

The following Order, recommended by the Mayor, was adopted.

ORDERED: To accept the donation from Spectrum Health Systems, Inc. in the amount of Three Thousand Five Hundred Dollars ($3,500.00) to fund the maintenance of the utility service for the Youth Resource Center located at 50 Leavitt Street. These funds will be deposited into the Police Department Donation Fund 24111-4830 in accordance with the recommendation of Her Honor the Mayor.

        
#587 – ELECTION ORDER

        Councillor O’Keefe 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, November 4, 2008 for the purpose of casting votes in the State Election for the candidates of political parties for the following offices:

        ELECTORS OF PRESIDENT & VICE PRESIDENT ………..STATEWIDE
        SENATOR IN CONGRESS…………………………………….FOR THE COMMONWEALTH
        REPRESENTATIVE IN CONGRESS…………………………SIXTH CONGRESSIONAL                                                                                         DISTRICT

        

        
        COUNCILLOR…………………………………………………. FIFTH COUNCILLOR DISTRICT
        SENATOR IN GENERAL COURT…………………………….SECOND ESSEX DISTRICT
        REPRESENTATIVE IN GENERAL COURT…………………SEVENTH ESSEX DISTRICT
        REGISTER OF PROBATE…………………………………….ESSEX COUNTY

AND THE FOLLOWING QUESTIONS:

QUESTION #1 – Legislation to reduce the state personal income tax rate to 2.65% for all categories of taxable income beginning January 1, 2009 and eliminate the tax for all tax years beginning on or after January 1, 2010
QUESTION #2 – Legislation to replace the criminal penalties for the possession of one ounce or less of marijuana with a new system of civil penalties.
QUESTION #3 – Legislation to prohibit dog races on which betting or wagering occurs, effective January 1, 2010.
                
WARD ONE
PRECINT ONE                     Bentley School, Memorial Drive
PRECINT TWO                     Recreation Room, 27 Charter Street

WARD TWO
PRECINT ONE                     Carlton School, 10 Skerry Street
PRECINT TWO                     Recreation Room, Salem Heights, 12 Pope Street

WARD THREE
PRECINT ONE                     Council on Aging, 5 Broad Street
PRECINT TWO                     Ste. Anne’s School, 9 Cleveland Street

WARD FOUR
PRECINT ONE                     Community Room, Colonial Terrace
PRECINT TWO                     Princeton Crossing Community Center, Heritage Drive

WARD FIVE
PRECINT ONE                     Temple Shalom, (Front Entrance) 287 Lafayette Street
PRECINT TWO                     Community Room, Pioneer Terrace

WARD SIX
PRECINT ONE                     Bates School, Liberty Hill Avenue
PRECINT TWO                     Mack Park , Tremont Street

WARD SEVEN
PRECINT ONE                     Salem State Public Safety Bldg. 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.

        

        

#588 – DRAINLAYER / CONTRACT OPERATOR APPLICATION

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

        ORDERED: That the enclosed Drainlayer/Contract Operator Application for EB Enterprise Inc. be granted.



#589 – COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER

        Councillor Furey introduced the following Order, which was adopted.

        ORDERED: That the regular meeting of the City Council, for the month of November and December shall be held on Thursday, November 20, 2008 and Thursday, December 11, 2008



#590 – YEAR TO DATE BUDGET REPORT

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the Year to Date Budget Report dated September 30, 2008, be received and placed on file.



#591 – PRELIMINARY SCREENING COMMITTEE FOR A BUDGET ANALYST

        Councillor Lovely introduced the following Order, which was adopted.

        ORDERED: That a Preliminary Screening Committee of the following Councillors meet with the City Solicitor and the Human Resource Director for the purpose of interviewing candidates for the position of a Budget Analyst: Councillor Sosnowski, Councillor Lovely, Councillor Prevey, Councillor Sargent and Councillor Veno and that the first meeting be held in Executive Session.




#592 – (#574 - #576) - 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:


TAG DAY Knights of Columbus, October 10, 2008 & October 13, 2008
                S.H.S. Girls Volleyball, October 12, 2008
                S.H.S. Hockey Team, November 29, 2008 & December 13, 2008



#593 – (#572) – RECIND 1958 ORDER FOR 13 FORT AVENUE PARCEL

        Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        The Committee on Administration and Finance to whom was referred the matter of recinding a 1958 Order for the 13 Fort Avenue parcel, has considered said matter and would recommend adoption of the newly submitted Council order prepared by the City Solicitor dated October 9, 2008.
        

#594 – (#554) – POLICE DEPARTMENT INVOICES

        Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a roll call vote of 10 yeas, 1 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent and Veno were recorded as voting in the affirmative. Councillor Sosnowski was recorded as voting in the negative.

        The Committee on Administration and Finance to whom was referred the matter of paying Police Department Fiscal Year 2008 invoices in the amount of $10,997.45 from the Fiscal Year 2009 Police Budget, has considered said matter and would recommend approval.




        Councillor O’Keefe assumed the Chair.








#595 – (#465, #596) – LEASE FOR THE TRANSFER STATION

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

        ORDERED: That the Mayor is authorized to execute a one year lease, commencing on October 1, 2008, of the City’s Transfer Station located on Swampscott Road to Northside Carting, Inc. The terms of the lease shall include, at a minimum, the following:

·       Monthly lease payment of $1,050.00 ($12,600 annualized);
·       Acceptance free of charge of yard waste delivered to the site by Salem residents and City departments;
·       Acceptance of up to 50 lbs. of non-hazardous residential waste delivered to the site per trip by Salem residents and a discount on any additional waste at a rate $20.00 less per ton than the regular disposal rate at the Station, with a $5.00 minimum charge.
·       Acceptance free of charge waste generate by city departments

The Mayor is further authorized to execute an additional one year lease in the event that the City continues to own the subject property. The lease payment shall increase above the prior year’s rate by the CPI – Greater Boston area.

And finally, the Mayor is authorized to enter into an agreement with Northside Carting, Inc. for the payment of $19,792.00 for the use of the subject property during the period of March 1, 2007 and September 30, 2008 and which payment is due and payable upon the transfer of the subject property to Northside Carting, Inc. or December 31, 2009, whichever date comes first.


#597 – CONDUITS ON WEBB STREET

        A hearing was ordered for October 23, 2008 on the petition of National Grid to install four conduits on Webb Street.



#598 – INVITATION FROM PEABODY CITY COUNCIL

        An invitation from the Peabody City Council to meet to discuss future plans for flood mitigation and the downtown area. Councillor Pelletier moved that the Peabody City Council be contacted to schedule a date for the joint meeting.





#599 – PUBLIC GUIDE LICENSE APPLICATION


        The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs.


PUBLIC GUIDES                   Eric Fialho, 22 Hancock St., Salem

                                        

#600 - #601 – LICENSE APPLICATIONS

        The following license applications were granted.


TAXI OPERATOR           William Coffey, 2 Hancock St., Peabody


VEHICLE FOR HIRE        Vincent Monaco, 16 Washington St., Peabody      
(OPERATORS ONLY)       Deedra Campbell, 17 Andreski Dr., Freemont, NH
                                        


#602 – CLAIMS

        The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.

                        Chelsy Jenkins, 98 Washington Sq. #14, Salem
        



(#558) – SECOND PASSAGE 0RDINANCE AMENDING TRAFIC, PARKING TIME LIMITED

        The matter of second and final passage of an Ordinance amending Traffic, Parking Time Limited, Unmetered Zone Section 57A, Loring Avenue, was then taken up. The Ordinance was adopted for second and final passage.







(#559) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED

        The matter of second and final passage of an Ordinance amending Traffic, Parking Time Limited Section 57A, Lafayette Street, was then taken up. The Ordinance was adopted for second and final passage.


(#560) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED

        The matter of second and final passage of an Ordinance amending Traffic, Parking Time Limited Section 57A, Lafayette Street westerly side, was then taken up. The Ordinance was adopted for second and final passage.


(#561) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED

        The matter of second and final passage of an Ordinance amending Traffic, Parking Time Limited Section 57A, Lincoln Road, was then taken up. The Ordinance was adopted for second and final passage.


(#561) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING LIMITED TIME

        The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking  Limited Time Section 50B, Buffum 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 10:15 P.M.






ATTEST:                                         CHERYL A. LAPOINTE
                                                        CITY CLERK