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MINUTES - 04-23-2009

A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 23, 2009 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on April 17, 2009 at 8:50 A.M.
        

       Councillor Jean M. Pelletier was recorded as absent.

       Council President Paul Prevey presided.


Councillor Furey 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.


        Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Fire Chief David Cody to give a commendation to members of the Salem Fire Department, Division 1, for the rescue of a female resident of Jefferson Avenue, from a structure fire on April 7, 2009.


#235 – REAPPOINTMENTS TO THE DESIGN REVIEW BOARD

        The Mayor’s reappointment of the following to serve on the Design Review Board was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, O’Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. Councillor Pelletier was recorded as absent.

        Michael Blier, 10 Derby Sq., Salem              Term to Expire:  February 1, 2010
        Glenn Kennedy, 108 Leach St., Salem     Term to Expire:  February 1, 2012
        Ernest DeMaio, 289 Essex St., Salem     Term to Expire:  February 1, 2012



#236 – TRANSFER TO “HUMAN RESOURCES – WORKERS COMPENSATION”

        The following Order recommended by the Mayor was adopted under suspension of the rules.
        ORDERED: That the sum of One Thousand Two Hundred and Twenty-Two Dollars and Twenty-six Cents ($1,222.26) is hereby transferred from the “Human Resources – Advertising” account to the “Human Resources – Worker’s Compensation” account in accordance with the recommendation of Her Honor the Mayor.
        

#237 – APPR. TO BE EXPENDED FOR RETIREMENT BUYBACK

        The following Order recommended by the Mayor was received after the deadline of Tuesday noon under suspension of the rules and referred to the Committee on Administration and Finance under the rules.

        ORDERED: That the sum of Sixty Four Thousand, Six Hundred and Fifty Eight Dollars and Ninety-Four Cents ($64,658.94) is hereby authorized and appropriated from the accounts listed below to be expended for the retirement buyback for the individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.

Retirement Stabilization                John Burke              ERI             $10,000

Retirement Stabilization                Croteau         ERI             $10,000

Retirement Stabilization                Paul Lemelin    ERI             $10,000

Retirement Stabilization                Mark Riley              ERI             $10,000

Retirement Stabilization                Zendarski               Sic/Vac $14,658.94

Retirement Stabilization                Zendarski               ERI             $10,000


#238 – RESOLUTION EAGLE SCOUT AWARD TO SHANE EDWARD MARTIN

        Councillor Furey introduced the following Resolution, which was adopted.


RESOLUTION:

WHEREAS:        Shane Edward Martin has achieved the highest rank in Scouting, the                                      “Eagle Scout” Award; and

WHEREAS:        Shane’s project was the restoration of the main fence and gate to Pioneer                               Village at Forest River Park. And through his organization of many                                              volunteers and with the help of numerous donations from local businesses,                                he was successful of attaining his goal; and

WHEREAS:        The Salem City Council takes great pride in the accomplishments of the                                  youth in our community and acknowledges the effort and hard work that is                                required to achieve this; and

WHEREAS:        The Eagle Scout Award is the highest award in scouting, and is a tribute to                             Shane’s dedication and perseverance; and

WHEREAS:        This award is an achievement which is an honor of which Shane and his                           family should be extremely proud.

NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, congratulates Shane Edward Martin on his Eagle Scout award, and we express our admiration on this highest achievement in Scouting.

AND BE IT FURTHER RESOLVED: That the City Council make this Resolution a matter of record of these proceedings, and that a suitable copy of this Resolution be presented to Shane Edward Martin, along with a copy of the City Seal, at his Court of Honor on Saturday, April 25, 2009.


#239 – FEASIBILITY OF INSTALLING ELECTRICAL OUTLETS IN THE PARKING GARAGES FOR ELECTRIC MOTOR VEHICLES

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

        ORDERED: That the Salem Parking Department Board and the Director of Parking explore the feasibility of installing electrical outlets in the South Harbor and Museum Place Public Parking Garages for new generation electric motor vehicles, scooters, etc.


#240 – MOORING FEES FOR COMMERCIAL BOATS

        Councillor Sosnowski introduced the following Order, which was adopted.

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss mooring fees for commercial boatyards and other commercial operations relative to mooring for transient status and that representatives from Dion’s Yacht Yard, Hawthorne Cove Marina, Pickering Wharf Marina, Peter Haywards Boatyard, the Harbormaster, Solicitor and Finance Director be invited.


#241 – LEASH LAW VIOLATIONS AT VARIOUS PARKS IN SALEM

        Councillor Sosnowski introduced the following Order, which was adopted.

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the problems of “off leash” dogs at various parks throughout the City. And that a representative of the Park and Recreation Department, Park and Recreation Commission, City Solicitor, Dog Officer and Police Department be invited.


#242 – USE OF ALCOHOL ON THE SALEM COMMONS

        Councillor Sosnowski introduced the following Order, which was adopted.

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the use of alcohol on the Salem Commons. Also that a representative of the Park and Recreation Department, Park and Recreation Commission, Mayor’s Office, City Solicitor, Police Department, Licensing Board, Salem Common Neighborhood Association, Hawthorne Hotel, Knights of Columbus and the Chamber of Commerce be invited.


#243 – (#227) 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 approval.

TAG DAY                 Salem Youth Football, 8/29/09, 9/5/09 & 10/17/09


        Councillor Ryan recused himself and left the Chamber.


#244 – (#178) HOME RULE PETITION FOR DERBY DELI

        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.
Councillor Prevey was recorded as opposed.

        A motion for immediate reconsideration in the hopes it would not prevail was denied.

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Home Rule Petition for Derby Deli, has considered said matter and would recommend that the Home Rule Petition be approved.

        Also that a draft letter to the administration, Mayor Kimberley Driscoll inviting the administration  and the Department Heads, Licensing Board, Solicitor, Chamber of Commerce and others to form a subcommittee to draft guidelines for home rule petition liquor licenses.


        Councillor Ryan returned to the Chamber.
#245 – (#211) COMMUNITY BLOCK GRANT APPLICATION FOR HUD LOAN

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


#246 – (#207) APPR. TO HUMAN RESOURCES – WORKER’S COMPENSATION SALARIES FROM FREE CASH

        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 $49,000.00 from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Human Resources – Workers Compensation Salaries” account, has considered said matter and would recommend approval.


        Councillor O’Keefe assumed the Chair.


#247 – (#639A of 2008) MODEL ORDINANCE FOR ABANDONED PROPERTIES

        Councillor Prevey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.

        The Committee of the Whole to whom was referred the matter of a model ordinance for fines and penalties for abandoned properties, has considered said matter and would recommend that the matter remain in Committee and that a working committee be formed to recommend changes to the model ordinance on foreclosed properties and return the findings to the Committee of the Whole.


#248 – (#471 of 2008) GUIDELINES FOR HOME RULE PETITIONS

        Councillor Prevey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.

        The Committee of the Whole to whom was referred the matter of guidelines for Home Rule Petitions, has considered said matter and would recommend that a sub committee be formed to develop local guidelines for Home Rule Petitions and that the matter remain in Committee.

        Councillor Prevey assumed the chair.


#249 – PANTAGES TRANSIT COMPANY REQUEST FOR STREET LICENSE WITH STOPS

        The petition from Pantages Transit Company requesting a Street License with stops, was referred to the Committee on Ordinances, Licenses and Legal Affairs.


#250 – CYCLE FOR LIFE BIKE RUN USE OF STREETS

        A communication from Cycle for Life for a bike run through Salem on Saturday, September 12, 2009, was referred to the Committee on Ordinances, Licenses and Legal Affairs.


#251 – STOP SIGN ON VALLEY AT PARLEE STREET

        The petition from Jan and Jim Corbett to make a stop sign on Valley at Parlee Street permanent was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.


#252 – APPLICATION FOR WEIRS, POUND NETS OR FISH TRAPS LICENSE

        The application of Douglas W. Heath for a Weirs, Pound Nets or Fish Traps license, was referred to the Committee on Ordinances, Licenses and Legal Affairs.


#253 – TAG DAY APPLICATION

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

        TAG DAY         Salem High School Marching Band, December 5, 2009


#254 – #256 LICENSE APPLICATIONS

        The following license applications were granted.


        TAXI OPERATORS  Clifford Gately, 9 Crombie St., Salem
                                        Jose Fernandez, 41 Walnut St., Peabody
                        

        VEHICLE FOR HIRE        Salem Trolley, 8 Central St., Salem     (4 Trolleys)


        VEHICLE FOR HIRE
        OPERATORS ONLY  Walter Zitano, 365 Mountain Ave., Revere
                                        Ronald Olson, 154 Lafayette St., Marblehead


#257 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATION
                
        The following Drainlayer / Contract License application was granted.

                
                Mirra Co. Inc., 6 Norino Way, Georgetown
                Rooter Man, 15 Little Lane, Peabody


#258 – CLAIM

        The following Claim was referred to the Committee on Ordinances, License and Legal Affairs.
        
                Joanne Paul, 74 Humphrey St., Swampscott


#259 - BOND

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


                DRAINLAYER      Rooter Man, 15 Little Lane, Peabody


(#557) - SECOND PASSAGE ORDINANCE AMENDING TRAFFIC,  ZONES ESTABLISHED, PARKING TIME LIMITED, AND FEES


        The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Sec. 56 , Zones Established, Sec. 57 Parking Time Limited and Sec. 63, Fees Parking Time Limited, was then taken up. The Ordinance was adopted for second and final passage.

        Councillor O’Keefe was recorded as opposed.



(#217A) – SECOND PASSAGE ORDINANCE AMENDING PUBLIC NOTICE AND AVAILABILITY OF INFORMATION

        The matter of second and final passage of an Ordinance amending Article XIV of Chapter 2, Data Processing Public Notice and Availability of Information, was then taken up. The Ordinance was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.




        On the motion of Councillor O’Keefe the meeting adjourned at 8:25       P.M.






ATTEST:                                                 CHERYL A. LAPOINTE
                                                                CITY CLERK