A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 12, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 6, 2009 at 9:42 A.M.
Councillor Lovely was recorded as absent.
Council President Paul Prevey presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Prevey requested that everyone please rise to recite the Pledge of Allegiance.
#140 - #143 CONSTABLES
The following reappointments to serve as Constables with terms to expire was received and placed on file.
Henry Bornstein Term to expire March 11, 2011
Lauren D’Avella Term to expire March 11, 2011
George Hoxha Term to expire March 1, 2012
Mark Ianuzzi Term to expire April 23, 2011
#144 – APPOINTMENT OF BENJAMIN BOUCHARD TO THE PARKING BOARD
The following appointment recommended by the Mayor was received after the deadline of Tuesday noon under suspension of the rules
The Mayor’s appointment of Benjamin Bouchard to serve as a member to the Parking Board with a term to expire February 1, 2012, was held until the next meeting under the rules.
#145 – POLICE DEPT. INVOICES FROM FY08 BE PAID FROM FY09 BUDGET
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Two Thousand One Hundred and Sixty-Six Dollars and Forty-Eight Cents ($2,166.48) of outstanding Fiscal Year 2008 Police Department invoices are hereby
allowed to be paid from the Fiscal Year 2009 Police Budget as listed below in accordance with the recommendation of Her Honor the Mayor.
Police Beverly Muscular Therapy $1,806.48
Police Gangi Printing 360.00
Total $2,166.48
#146 – ESTABLISH A REVOLVING FUND ACCOUNT FOR SURCHARGE ON WITCH HOUSE TICKETS
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance.
ORDERED: That the City of Salem hereby approves the adoption of a Witch House Revolving Fund in accordance with M.G.L. Chapter 44, Section 53E ½ which authorizes special purpose revolving accounts.
#147 – ORDINANCE RELATIVE TO EXCAVATION OF TRENCHES ON PUBLIC AND PRIVATE PROPERTY
The following Ordinance recommended by the Mayor was, adopted for first passage and referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and nine
An Ordinance to amend an Ordinance pertaining to the excavation of trenches
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 23 Offenses and Miscellaneous provisions is hereby amended by adding the following new sections:
Section 24-27. Trench Excavation; Private Property
(a) Permit Required. In accordance with Massachusetts General Law Chapter 82A, a permit shall be required, except in an emergency, for trenches, as defined in this section, on private and public land.
(b) Definition. A trench is defined as an excavation which is narrow in relation to its length, made below the surface ground in excess of three feet below grade and the depth of which is, in general, greater than the width, but the width of the trench, as measured at the bottom, is not greater than 15 feet.
(c) Regulations. All persons or entities who create a trench shall comply with Massachusetts General Law c.82A and the 520 CMR 14.00 and any and all federal and state laws, regulations or rules promulgated by the city engineer.
(d) Permitting Authority; Enforcement. The city engineer shall act as the permitting authority for permits issued in accordance with this section and shall have the power to enforce this section of the ordinance.
(e) Permit Fee. A fee of $50.00 shall be required prior to the issuance of a permit for the excavation of a trench on private property.
Section 2. This Ordinance shall take effect as provided by City Charter.
#148 – PUBLIC HEARING BE SCHEDULED FOR DUNKIN DONUTS
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That a public hearing be scheduled for March 26, 2009 on the enclosed communication from Dunkin Donuts requesting to keep their extended hours of operation for their new address of 262B Highland Avenue.
#149 – TAG DAY APPLICATION
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day application for Salem High School Boys Lacrosse for March 14, 2009 be granted.
#150 – YEAR TO DATE BUDGET REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated February 28, 2009, be received and placed on file.
#151 – RAISE THE IRISH FLAG FOR ST. PATRICK’S DAY
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the Director of Park, Recreation and Community Services raise the Irish Flag at Riley Plaza on March 13, 14, 15, 16, & 17th, 2009 in honor of St. Patrick’s Day and the late Councillor Leonard F. O’Leary.
#152 – (#64) APPOINTMENT OF GAYLE SULLIVAN TO THE BOARD OF HEALTH
Councillor McCarthy 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 the appointment of Gayle Sullivan to the Board of Health, has considered said matter and would recommend confirmation by roll call vote. The appointment was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Furey and Prevey were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
Councillor Veno requested and received unanimous consent to suspend the rules to allow Ms. Sullivan to speak.
#153 – (#58, #80) TAXI OPERATOR LICENSE FOR JASON BOTTARI
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 by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy and Prevey were recorded as voting in the affirmative. Councillor Furey was recoded as voting in the negative. Councillor Lovely was recorded as absent.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a taxi operator license for Jason Bottari has considered said matter and would recommend that it he be granted an operator’s license, specifically motorized vehicle for hire with the stipulation he be in full compliance with all applicable rules, regulations, ordinances and statutes governing motorized vehicles for hire by March 31, 2009. And that Officer Michael Page notify the Salem City Clerk on March 31, 2009 of this compliance.
#154 – (#136) 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 approval.
TAG DAY S.H.S. Football Boosters, 8/22/09, 10/31/09 & 11/21/09
#155 – (#106) TRANSFER TO PUBLIC SERVICES EQUIPMENT
Councillor Veno 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 a transfer in the amount of $18,000.00 from the “Receipts Reserved – Sale of Lots” account to the “Public Services – Equipment” account, has considered said matter and would recommend approval.
#156 – (#107) TRANSFER TO PUBLIC SERVICES - EQUIPMENT
Councillor Veno 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 a transfer in the amount of $3,932.00 from the “Receipts Reserved – Sale of Vaults” account to the “Public Services – Equipment” account, has considered said matter and would recommend approval.
#157 – (#103) APPR. FOR POLICE DEPT. HVAC REPAIRS
Councillor Veno 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 an appropriation in the amount of $9,200.00 from the “Capital Outlay – Renovations & Repairs” account to be expended for the renovations and repairs of the HVAC system for the Police Department, has considered said matter and would recommend approval.
#158 – (#123) TRAFFIC CAMERAS
Councillor McCarthy 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 the stop light traffic cameras, has considered said matter and would recommend the matter remain in Committee.
#159 - #160 TAG DAYS
The following Tag Day license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY S.H.S. Baseball, April 25, 2009
S.H.S. Boys Lacrosse, May 2, 2009
#161 - #163 LICENSE APPLICATIONS
The following licenses applications were granted:
LIMOUSINE Finix Car Service, 142 Canal St., Salem (5)
TAXI CAB Community Taxi, 27R Caller St. Peabody (6)
TAXI OPERATORS William Coffey, 155 Fort Ave., Salem
Juan Lopez, 13 Mason St., Salem
#164 – TAXI OPERATOR LICENSE APPLICATION
The following Taxi Operator license application was denied.
TAXI OPERATOR Robert Latulippe, 7G Central St., Beverly
#165 - #166 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Claire Gerrish, 7 Silverleaf Way #738, Peabody
Vanessa Rojas, 17 Bryant St., #3, Salem
#167 - #168 BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE George Hoxha, 57 Stonecleave Rd., Boxford
SIGN Body Empowered Wellness, Inc., 281 Essex St. #C3, Salem
(#31) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING WISTERIA STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Wisteria Street, was then taken up. The Ordinance was adopted for second and final passage.
(#705) – SECOND PASSAGE ORDINANCE AMENDING MOORING FEES
The matter of second and final passage of an Ordinance amending Ch. 10, Section 10-24 Mooring Fees, was then taken up. The Ordinance was adopted for second and final passage.
(#109) – SECOND PASSAGE ORDINANCE AMENDING SENIOR CITIZEN WORK-OFF PROGRAM
The matter of second and final passage of an Ordinance amending Ch. 2, Section 2-2051 Senior Citizen Work-Off Program, was then taken up. The Ordinance was adopted for second and final passage.
(#129A) – SECOND PASSAGE ORDINANCE AMENDING NEWSPAPER RACKS ON CITY SIDEWALKS
The matter of second and final passage of an Ordinance amending Ch. 38, Section 38-23 Newspaper Racks on City Sidewalks, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor McCarthy the meeting adjourned at 7:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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