A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
October 8, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on October 2, 2009 at 10:16 A.M.
All Councillors were present
Council President Paul Prevey presided.
Councillor Pinto 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 McCarthy moved to take out of order, under Communications from City Officials, the request of Elizabeth Rennard, City Solicitor, to hold an Executive Session to discuss litigation against the City and City Council relative to 111 North Street and that the City Council adjourn to the Council Anteroom to hold an Executive Session, and at the end of the Executive Session, the regular meeting will continue. Adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Prevey were recoded as voting in the affirmative.
See canister in vault for minutes of Executive Session. Minutes cannot be released without approval from City of Salem Legal Department.
On the motion of Councillor McCarthy, the Executive Session adjourned, and the regular meeting be continued by unanimous roll call vote of 11 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Prevey were recoded as voting in the affirmative.
#566 – POLE LOCATION ON BROAD STREET
Held until the next meeting an Order from Verizon and Massachusetts Electric Co. to relocate one jointly owned pole on Broad Street
#567 – APPR. TO BE EXPENDED FOR RETIREMENT OF FIRE FIGHTER MICHAEL DUFFY
The following Order, recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Forty-One Thousand Eight Hundred and Ninety-One Dollars and Sixty Seven Cents ($41,891.67) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement of Firefighter Michael Duffy in accordance with the recommendation of Her Honor the Mayor.
Councillor Pelletier moved that a City Seal be sent to Firefighter Duffy. It was so voted.
#568 – APPR. TO BE EXPENDED FOR RETIREMENT OF ALBERT HILL, PURCHASING AGENT
The following Order, recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Five Thousand Seven Hundred and Sixty-Seven Dollars ($5,767.00) is hereby appropriated within the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement of Purchasing Agent Albert Hill in accordance with the recommendation of Her Honor the Mayor.
#569 – NAME SALEM POLICE STATION IN HONOR OF CHIEF ROBERT M. ST. PIERRE
The following Order, recommended by the Mayor was adopted.
ORDERED: That the Salem Police Station Headquarters on Margin Street be named in honor of Police Chief Robert M. St. Pierre, and that suitable signage be purchased on the façade of the building.
And Be It Hereby Ordered that an appropriate dedication ceremony take place and that Chief St. Pierre, his family and the City Council be notified of the date and time.
Councillor O’Keefe moved that a City Seal be sent to Chief Pierre. It was so voted.
#570 – SUBMISSION OF STATEMENT FOR FUNDING SCHOOL PROJECTS
The following Order, recommended by the Mayor was adopted.
ORDERED: Having convened in an open meeting on October 8, 2009, the Salem City Council in accordance with its Charter and Ordinances, hereby votes to authorize the Superintendent to submit to the Massachusetts School Building Authority a Statement of Interest Form, dated October 8, 2009, for Saltonstall Elementary School, located at 211 Lafayette Street, and Salem High School, located at 77 Willson Street, which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future, as more particularly described in the attached MSBA Statement of Interest Form for each school, which is attached hereto, as Exhibit A and Exhibit B.
And hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City of Salem to filing an application for funding with the Massachusetts School Building Authority.
#571 – YEAR TO DATE BUDGET REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated September 30, 2009, be received and placed on file.
#572 – UPDATE ON CITY WIDE FLOOD CONTROL
Councillor Pelletier introduced the following Order, which was adopted
ORDERED: That the Committee on Government Services meet to discuss an update on City Wide Flood Control and domestic water and sewer and that the following be invited Engineer, Director of Public Works, Woodward and Curran representatives any and all interested parties, Bill Ross engineer from New England Civil Engineering, 120 Washington Street. This meeting to be held on Tuesday, October 20th at 6:30 P.M. in the Council Chambers.
#573 – ORDINANCE RELATIVE TO SIDEWALK AND YARD SALES
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the matter of Salem City Ordinance Article III Sidewalk and Yard Sales Section 35-121 through Section 34-127, be referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee on Government Services to discuss the vending, selling, disposing or display (of) any goods, wares, merchandise etc. on any public walk, street, alley etc. without first having obtained a license from the City Clerk. Invite City Solicitor.
#574 – PROCLAMATION – WHITE CANE SAFETY DAY
Councillor Sosnowski introduced the following Proclamation for the Mayor, which was adopted.
PROCLAMATION
WHEREAS: The white cane and the dog guide are tools that are key to greater mobility and independence for the blind or visually impaired; and
WHEREAS: For the sighted, the white cane and the dog are reminders to respond with respect and courtesy to individuals using them; and
WHEREAS: For all of us, they are reminders of our commitment to removing barriers, both physically and attitudinal, that prevent people who are blind from reaching their full potential; and
WHEREAS: White Cane Safety Day promotes awareness of the independence and contributions that individuals who are blind make to the social and economic life of our community.
NOW, THEREFORE, pursuant to the authority vested in me as Mayor of Salem, I Kimberley Driscoll, do hereby proclaim Thursday, October 15, 2009 to be:
WHITE CANE SAFETY DAY
In the City of Salem, and urge all of the citizens of Salem to join me in promoting independent travel and full participation for all in every aspect of life in our great City.
#575 – ORDINANCE AMENDING TRAFFIC, REPEAL HANDICAP PARKING, WARD STREET
Councillor McCarthy 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 50B, “Handicap Parking, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Ward Street, in front of #23, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#576 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, READ STREET
Councillor Pelletier 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 50B, “Handicap Parking, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Read Street, in front of #11, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#577 – REFER EMAIL TO SOLICITOR FOR OPINION
Councillor Pinto introduced the following Order, which was adopted.
ORDERED: That the attached email dated October 8, 2009 from Robbie George of Northside Carting to David Greenbaum, Action Health Agent and cc’d to David Murphy, Barbara
Poremba, Beth Rennard, Jason Silva, Mayor, David Knowlton, Alan Hanscom, Bill Thompson, Jean Pelletier and Carey Duques relative to a meeting to be held with said parties on October 14,
2009 at 2:00 PM at 120 Washington Street to determine whether this meeting should be posted as a public meeting and the public invited to attend.
#578 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, DUNLAP STREET
Councillor Prevey 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 50B, “Handicap Parking, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Dunlap Street, in front of #67, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#579 – (#564) 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: 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
#580 – (#521-#522) TAXI OPERATOR HEARING (THOMAS PERKINGS)
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 a Taxi Operator Hearing for Thomas Perkins, has considered said matter and would recommend that the Council up-hold the denial of a taxi operator license for Thomas Perkins.
#581 – (#541) APPR. FOR WEIGHTS AND MEASURES 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 an appropriation in the amount of $4,690.00 to the Capital Outlay Equipment account to be expended for the purchase of Weights & Measures Calibrating/Inspecting Equipment, has considered said matter and would recommend approval.
Councillor O’Keefe assumed the Chair.
#582 – NORTH SHORE AGRICULTURAL AND TECHNICAL SCHOOL
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 the North Shore Agricultural and Technical School, has considered said matter and would recommend that the matter remain in Committee.
#583 – (#490) ISSUES WITH SCHOOLS AS POLLING LOCATIONS
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 Election Day issues at Salem Schools, has considered said matter and would recommend that the matter remain in Committee.
Councillor Prevey resumed the Chair.
#584 – REQUEST FROM CITY SOLICITOR TO HOLD AN EXECUTVE SESSION TO DISCUSS LITIGATION RELATIVE TO 111 NORTH STREET
A request from City Solicitor Elizabeth Rennard to hold an executive Session was taken up earlier in the meeting.
#585 – CONDUIT LOCATIONS ON BRIDGE STREET
A hearing was ordered for October 22, 2009 on the petition from Verizon for seven (7) conduits on Bridge Street.
#586 – ZIPCARS
A request from Marsha Finkelstein to meet with the City Council to discuss Zipcars was referred to the Committee on Ordinances, Licenses and Legal Affairs and that the Transportation Management Association be invited.
#587 – LICENSE APPLICATION
The following license application was granted.
TAXI OPERATOR Robert Espaillant, 3 Essex St., Salem
#588 - #590 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs
PUBLIC GUIDES: Jacqueline Kamel, 352 Lafayette Street, Salem
TAG DAYS: S.H.S. Drama Club, January 30, 2010
S.H.S. Marine Corps JROTC, October 25, 2009 & November 15, 2009
#591 - #592 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Julia Knisel, 21 Herbert St. #1, Salem
Amy Lambroukos, 99 E. Brookline St. #3, Boston
(#547) – ORDINANCE AMENDING TRAFFIC, HEAVY COMMERCIAL VEHICLES PROHIBITED, BROADWAY
The matter of second and final passage of an Ordinance amending Traffic, Section 45, Heavy Commercial Vehicles Prohibited, Broadway, was then taken up. The Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative.
On the motion of Councillor O’Keefe the meeting adjourned at 9:02 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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