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MINUTES - 09-24-2009

A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
September 24, 2009 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on September 18, 2009 at 9:40 A.M.
        
        Councillor Furey was recorded as absent.                .

       
                Council President Paul Prevey presided.


        Councillor Veno 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.



#536 – CONDUIT LOCATION ON BAY VIEW AVENUE FOR NATIONAL GRID

        A hearing was held on the Order of National Grid for a conduit location on Bay View Avenue. Appearing in favor was Sabhita Nahabier-Sheety representative of National Grid. There was no one opposed.

        Councillor McCarthy stipulated that the sidewalk has a brass plaque that should be preserved.

        The hearing was closed. Councillor McCarthy moved that the Order be granted. It was so voted.

                                

#537 – POLE LOCATION AT INTERSECTION OF LORING AVE. AND LINDEN ST.

        A hearing was held on the Order of National Grid for a conduit location on Bay View Avenue. Appearing in favor was Sabhita Nahabier-Sheety representative of National Grid. There was no one opposed.The hearing was closed. Councillor Veno moved that the Order be granted. It was so voted.


#538 – OVERHEAD WIRING ON POLES ON SWAMPSCOTT ROAD

A hearing was held on the Order of National Grid for a conduit location on Bay View Avenue. Appearing in favor was Sabhita Nahabier-Sheety representative of National Grid. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the Order be granted. It was so voted.


#539 – REAPPT. REBECCA CHRISTIE TO CONSERVATION COMMISSION

        The Mayor’s reappointment of Rebecca Christie to serve as a member of the Conservation Commission with a term to expire September 15, 2012, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Prevey were recorded as voting in the affirmative. Councillor Furey was recorded as absent.


#540 – APPR. FOR RETIREMENT BUYBACK FOR LUCILLE OUELLETTE AND KEVIN LUCY

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

        ORDERED: That the sum of Twenty-Six Thousand Two Hundred and Twenty-Eight Dollars ($26,228.00) is hereby authorized and appropriated in 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                Lucille Ouellette               13,274.00

        Retirement Stabilization                Kevin Lucy                      12,954.00
                                                                                26,228.00


#541 – APPR. FOR THE PURCHASE OF WEIGHTS & MEASURES CALIBRATING INSPECTING EQUIPMENT

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

        ORDERED: That the sum of Four Thousand Six Hundred and Ninety Dollars ($4,690.00) is hereby appropriated to the “Capital Outlay Equipment” account to be expended for the purchase of Weights & Measures Calibrating/Inspecting Equipment for the Inspectional Services Department in accordance with the recommendation of Her Honor the Mayor.


#542 – RESOLUTION FOR CRAIG STORY SCOUT MASTER TROOP 83

        Councillor Pinto introduced the following Resolution, which was adopted.

        RESOLUTION:

        WHEREAS: Craig Story for over ten years has served as a Scout Leader to Troop 83; and

        WHEREAS: Craig has been the Pied Piper for boys who had never done scouting in the past                                 are joining because they hear from their friends the exciting things they are doing                              in boy scouts; and

        WHEREAS: Craig Story has kept a constant flow of youths joining Troop 83 which at present                                is fifty two active Boy Scouts; and

        WHEREAS: Craig has dedicated thousands of hours as a friend and mentor to the boys of                            Troop 83 as a leader and then as their Scout Master; and

        WHEREAS: He has been an inspirational leader for the boys and adults alike, and we owe him                                  a debt of gratitude for his years of service and dedication.

        NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens,         Scouts and families of the City of Salem wish to express our sincere gratitude and admiration for       Craig Story’s dedication to our youths of this City.

        AND BE IT FURTHER RESOLVED: That the City Council makes this Resolution a matter of record      of these proceedings, and that a suitable copy of this Resolution is presented to Marc Gauthier Sr.,    along with a copy of the City Seal.

        Councillor Pinto requested and received unanimous consent for suspension of the rules to allow Mr. Story to speak.


#543 – RESOLUTION FOR MARC GAUTHIER SR. SCOUT MASTER TROOP 83

        Councillor Sosnowski introduced the following Resolution, which was adopted.

        WHEREAS: Marc Gauthier Sr. has been a leader for Boy Scouts in Salem for two decades;                           and

        WHEREAS: He has served as a Cub Scout Leader for Pack 83 located at Ste. Anne’s as well                                 as served as Scout Master for eight years and during that time Troop 83 grew                            from 7 boys to over 40 active scouts; and



        WHEREAS: Marc Gauthier Sr. later served as the Assistant Scout Master and helped the new                                 Scout Master Craig Story with Troop 83; and

        WHEREAS: Under Marc’s leadership 20 Salem youths reached the rank of Eagle Scout due to                                     Marc’s commitment to Scouting, his mantra is “do the right thing but always                                             have fun”; and

        WHEREAS: Marc Gauthier Sr.’s biggest contribution to Boy Scouts is not the countless hours                              done in service projects nor is it serving on the Parker Scholarship Committee                          which helped hundreds of scouts better afford college. Marc’s biggest                                   accomplishment to scouting has been the 300 young men who have benefited by                            his leadership and consider him their role model and friend.

        NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens,         Scouts and families of the City of Salem wish to express our admiration for Marc Gauthier Sr.’s         dedication and commitment to the youth of this City.

        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 Marc Gauthier Sr.,       along with a copy of the City Seal.

        Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Mr. Gauthier to speak.



#544 – NEW ESSEX NORTH SHORE AGRICULTURAL & TECHNICAL SCHOOL

        Councillor Sosnowski and Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the request by the Mayor from the September 10, 2009 meeting to hold a joint meeting with the School Committee to discuss plans to construct the new Essex North Shore Agricultural and Technical School, be referred to the Committee of the Whole and that the meeting be scheduled for October 7, 2009 at 7:00 P.M. in the City Council Chambers.



#545 – YEAR TO DATE BUDGET REPORT

        Councillor Veno introduced the following Order, which was adopted.

        ORDERED: That the Year to Date Budget Report dated August 31, 2009, be received and placed on file.


#546 – MONTHLY FINANCIAL REPORT

        Councillor Veno introduced the following Order, which was adopted.

        ORDERED: That the Monthly Financial Report dated August 31, 2009, be received and placed on file.

        
#547 – ORDINANCE AMENDING TRAFFIC, HEAVY COMMERCIAL VEHICLES PROHIBITED, BROADWAY

        Councillor Veno introduced the following Ordinance, which was adopted for first passage.

        In the year two thousand and nine

        An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 45, “Heavy Commercial Vehicles Prohibited Certain Streets”

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

        Section 1. Broadway, between Canal Street and Loring Avenue, “Heavy Commercial Vehicles Prohibited”

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



#548 – TRAFFIC ORDINANCES FOR ESSEX AND PRESCOTT STS.

        Councillor Pelletier introduced the following Order, which was adopted.

        ORDERED: That the enclosed petitions regarding Traffic Ordinances for Essex Street Parking, Prescott Street Resident Parking be referred to the Committee on Ordinances, Licenses and Legal Affairs for review. And that the following be invited Mayor or her representative, Lt. Robert Preczewski, Police Traffic Division and Jessica Zak or 333 Essex Street and Graham Morris of 90 Margin Street and any concerned resident.

#549 – IMPLEMENTING A HOMELESS TEN YEAR PLAN

        Councillor Lovely introduced the following Order, which was adopted.

        ORDERED: That the Salem City Council Committee of the Whole meet to discuss the United States Interagency Council on Homelessness Ten Year Plan, designed to end chronic

homelessness in our community; and further invited Mayor Driscoll to meet and discuss forming a planning committee of community residents and stake holders to study adopting and implementing the National 10 year plan.


#550 – SUPPORT ST. MARY’S ITALIAN CHURCH BE PLACED ON NATIONAL HISTORIC REGISTER

        Councillor Lovely introduced the following Order, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Prevey were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

        ORDERED: That the Salem City Council, by roll call vote, hereby expresses its support for St. Mary’s Italian Church to be placed on the National Registry of Historic Places, and that a record of this proceeding be sent to the Massachusetts Historic Commission to be made a part of its official record.

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

        Councillor O’Keefe assumed the Chair.


#551 – RESOLUTION SHERIFF FRANK G. COUSINS JR.

        Councillor  Prevey introduced the following Resolution, which was adopted.

        RESOLUTION:

        WHEREAS: That the Mack Park Neighborhood Association in conjunction with the residents                  of the City of Salem want to honor and extend their sincere appreciation and                    gratitude to the Essex County Sheriff’s Department; and

        WHEREAS: On several recent occasions when clean up work and construction work was                       needed to be done at several parks and other public areas throughout the City,


                        the Sheriff graciously provided inmates under his care and control to perform                   the hard work and accomplish the various assigned tasks; and

        WHEREAS: On September 13th and September 14th, 2009, a new playground was                                constructed at Mack Park, which without the assistance of 16 volunteer inmates                          of the Sheriff’s Department, the playground would not have been constructed                     on time and within budget; and

        WHEREAS: The Sheriff of Essex County has on many occasions over the years offered his                    support and assistance through the hard work of volunteer inmates under his                     care and control to the residents of the City of Salem.


        NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the                            residents of the City of Salem go on record to publicly recognize and thank the                         ongoing, invaluable assistance which we the citizens of Salem receive from the                          Sheriff, his dedicated staff and inmates of Essex County., and that this                                 resolution be presented to Sheriff Frank G. Cousins, Jr..

                
        Councillor Prevey resumed the Chair.



#552 – (#523-#525) 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 that the following be granted.

PUBLIC GUIDES:          Dominic Lavorante, 171 Loring Ave, Salem
                                Amy Al-Nanulsi, 512 Broughton Dr., Beverly
                                Raymond Roberge, 414 Lafayette St., #1,Salem
                                Tara Ann Fritz, 79 Old Upton Rd., Grafton
                                Laurie Stathopoulos, 125 Essex St., Salem
                                Eric Jenney, 69 Crafts Rd., Gloucester
                                Erica Sastre, 353 Sasapequan Rd., Fairfield, CT
                                Kayla Richards, 6 Holly St. #1R, Salem
                                Jim McAllister, 86 Federal St., Salem
                                Kylie Pasternak, 2061 Highland Ave., Fall River

TAG DAYS:                       S.H.S. Girls Soccer, September 27, 2009 & October 18, 2009
                                S.H.S.   Gymnastics Team, November 28, 2009 & January 16, 2010




#553 – (#345) – ESTABLISHING A NEW FEE OR A FEE INCREASE FOR RESIDENT PARKING STICKERS  

        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 setting Resident Sticker Parking fees and other city fees, has considered said matter and would recommend that the City Council direct the Solicitor to draft a form the City Administration will utilize when contemplating establishing a fee increase and/or new fees.


#554 – (#486) REDUCING THE RATE OF INTEREST ON PROPERTY TAXES DEFERRED BY ELIGIBLE SENIORS

        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 reducing the rate of interest on property taxes deferred by eligible seniors per MGL c.59 s.5 clause 441A from 8% to 4.5% beginning on or after July 1, 2010, has considered said matter and would recommend approval.


#555 – (#65 of 2008) STATUS OF SZETELA LANE

        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 status of Szetela Lane, has considered said matter and would recommend reviewing the matter within one month.


#556 – (#478) APPR. FOR TRAFFIC ANALYSIS

        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 $25,000 to the “Capital Outlay Renovations and Repairs” account to be expended for a traffic analysis by the Engineering Department, has considered said matter and would recommend approval.

#557 – (#485) INCREASING THE FY2010 STICKER PROGRAM TO $25,000 FOR HAZARDOUS WASTE DAY

        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 authorizing the Mayor to increase the Fiscal Year 2010 Sticker Program to $25,000 to help offset costs for the Household Hazardous Waste Day, has considered said matter and would recommend approval.


#558 – ELECTION ORDER

        A communication from City Clerk Cheryl LaPointe submitting the Election Order for the November 3, 2009 City Election, was adopted.

          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 3, 2009, for the purpose of casting votes in the City Election for the election of candidates for the following offices:
        
        Mayor: for a term of four years
        Four Councillors at Large:  for the term of two years
         Councillor of Wards One, Two, Three, Four, Five, Six, and Seven:  for the term of two         years
        Three members of the School Committee:  for the term of four years
        
        
AND BE IT FURTHER ORDERED:  That the following places be and hereby are designated as polling places for said meetings:

                                Ward One
PRECINCT ONE    Bentley School, Memorial Drive
PRECINCT TWO    

                                Ward Two
PRECINCT ONE    St. John’s School, St. Peter Street
PRECINCT TWO    

                                Ward Three
PRECINCT ONE    Salem High School Auditorium, 77 Willson Street
PRECINCT TWO    

                                Ward Four
PRECINCT ONE    Witchcraft Heights School Gymnasium, 1 Frederick Street
PRECINCT TWO    

                                Ward Five
PRECINCT ONE    Temple Shalom, 287 Lafayette Street
PRECINCT TWO    Community Room, Pioneer Terrace

                                Ward Six
PRECINCT ONE          Bates School, Liberty Hill Avenue
PRECINCT TWO         Recreation Dept., Mack Park

                                Ward Seven
PRECINCT ONE    Salem State College Enterprise Center, 121 Loring Avenue
PRECINCT TWO    

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.


#559 – JOINTLY OWNED POLE LOCATION ON BROAD STREET

        A hearing was ordered on the petition from Verizon and Mass. Electric to relocate one jointly owned pole on Broad Street.


#560 – BLOCK PARTY

        The request from the residents of Beckford Street to hold a block party on October 2, 2009 with a rain date of October 4, 2009 was granted.



#561 - #562 – LICENSE APPLICATIONS

The following license applications were granted.

TAXI OPERATOR           Rodolfo Cruz-Jimenez, 57 Harbor St., Salem
                                

VEHICLE FOR HIRE        Andrew Muldowney, 866 Dorchester Ave., #3, Dorchester
OPERATORS ONLY  Corey Vaz, 9 Babbitt Way, Berkley
                                Jonathan Werner, 677 Washington St., Brookline


#563 – TAXI OPERATOR LICENSE APPLICATION

        The following license application was denied.

TAXI OPERATOR           Joselito Collazo, 30 Ward St., Salem



#564 - LICENSE APPLICATIONS

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

PUBLIC GUIDES:          Jed Mills, 71 Maverick St., Marblehead
                                Melissa Grieco, 54 Derby St., #3R Salem
                                Rie Johnson, 64 Memorial Dr., Salem
                                Jacquie Allouise, 170 Gore Rd., Revere
                                Peter White, 21 Salem St., Salem        
                                                                


#565 - CLAIM

        The following claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.
                        
SUBROGATED CLAIM        Suslak & Montain (for Phylis Lavoice), 7 Essex St., #3, Peabody                         

                                
(#495) – ORDINANCE AMENDING TRAFFIC , HANDICAP PARKING, LIMITED TIME, BELLEAU ROAD

        The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, Limited Time, Belleau Road, was then taken up. The Ordinance was adopted for second and final passage.







(#496) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, LIMITED TIME, BOARDMAN STREET

        The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, Limited Time, Boardman Street, was then taken up. The Ordinance was adopted for second and final passage.


(#500) – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, BARTON STREET

        The matter of second and final passage of an Ordinance amending Traffic, Section 75, Resident Sticker Parking, Barton Street, was then taken up.

        Councillor Sosnowski introduced the following amendment which was adopted.
Remove Barton Street in it’s entirety and replace with Barton Street northerly side starting at 100 feet from Bridge Street and southerly side starting at 90 feet from Bridge Street, Zone C, Color Green. Adopted

        The Ordinance was adopted as amended for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Prevey were recorded as voting in the affirmative. Councillor Furey was recorded as absent.



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






ATTEST:                                                 CHERYL A. LAPOINTE
                                                                CITY CLERK