A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
March 25, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on March 19, 2010 at 9:22 P.M.
All Councillors were present.
Council President Robert McCarthy presided.
Councillor Prevey moved to dispense with the reading of the record of the previous meeting. It was so voted.
President McCarthy requested that everyone please rise to recite the Pledge of Allegiance.
(#148) – APPOINTMENT OF ROB LUTTS TO THE SALEM RETIREMENT BOARD
Held from last meeting Mayor’s appointment of Rob Lutts to serve as a member of the Salem Retirement Board with a term to expire on January 3, 2013 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Lovely moved that a City Seal be sent to Kathy O’Leary in appreciation of her years of service. It was so voted.
(#149) – APPOINTMENT TO THE BIKE PATH COMMITTEE
Held from the last meeting the Mayor’s appointment of the following to serve as members of the Bike Path Committee with terms as follows was held under the rules until the next meeting of March 25, 2010, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Jaime Metsch, 18 Oliver St. #2, Salem Term to Expire: October 1, 2011
Ernest V. DeMaio, III, 289 Essex St. #507, Salem Term to Expire: July 1, 2011
David Hallowes, 15 River St., Salem Term to Expire: July 1, 2011
Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Jamie Metsch, Ernest DeMaie and David Hallowes to speak.
#183 - #186 CONSTABLES
The Mayor’s reappointment of the following to serve as Constables with the following terms was received and placed on file.
Brain Davis, 21 Oakhurst Ave., Ipswich Term to expire: February 23, 2013
Gregory Iovanella, 32 Main St., Topsfield Term to expire: March 17, 2011
Fernando Valadao, 50 Hanson St., Salem Term to expire: January 16, 2013
Dana Williamson, 501 Boston St., Topsfield Term to expire: April 18, 2011
#187 – APPR. FOR SICK LEAVE/BUYBACK FOR THE SCHOOL DEPARTMENT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Sixty-One Thousand Eight Hundred and Sixty-Three Dollars and Seventy-One cents ($61,863.71) 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.
Dorothy Arthur School Dept. $28,220.80
Kathy Ward School Dept. $24,939.16
Penny McGilvary School Dept. $8,703.75
#188 – TRANSFER TO MIS EDUCATIONAL TRAINING
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Twenty-One Thousand Eight Hundred and Seventy-Five Dollars ($21,875.00) is hereby transferred from the “MIS Full-time Salary” account to “MIS Educational Training” account in accordance with the recommendation of Her Honor the Mayor.
#189 – TRANSFER TO PUBLIC SERVICES – EQUIPMENT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Seven Thousand Eight Dollars ($7,800.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Public Services – Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#190 – DONATION FOR SALEM POLICE DEPT. – SUMMER CAMP FUND
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Dominion Energy Salem Harbor, LLC in the amount of One Thousand Dollars ($1,000.00). These funds will be deposited into the Police Department Summer Camp Fund in accordance with the recommendation of Her Honor the Mayor.
#191 – MONTHLY FINANCIAL REPORT DATED FEBRUARY 28, 2010
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated February 28, 2010, be received and placed on file.
#192 – ORDINANCE AMENDING TRAFFIC, STOP SIGN CYPRESS STREET
Councillor Ronan introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 49, “Obedience to Isolated Stop Sign”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Cypress Street at the intersection with Cabot Street “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#193 – ORDINANCE AMENDING TRAFFIC, REPEAL HANDICAP PARKING CEDAR STREET
Councillor Ronan introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicap Parking Zone, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Cedar Street, in front of #20 for a distance of twenty (20) feet. “Handicap Parking Only, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#194 – ORDINANCE AMENDING TRAFFIC, REPEAL HANDICAP PARKING HAZEL STREET
Councillor Ronan introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicap Parking Zone, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Hazel Street, in front of #19 for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#195 – TEMPORARY RAMP IN BACK OF CITY HALL
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Council liaison to the Disabilities Commission look into the reuse of the temporary handicap ramp located behind City Hall for the new elevator installation, and the possibility of donating it to a Salem resident for reuse by a disabled person. If this cannot be done in time when the ramp has to be removed, then we should look at an alternative use or storing it
until such time as a suitable decision can be made. Councillor Sosnowski being the liaison will report to the Committee on Government Services as soon as possible.
#196 – ORDINANCE AMENDING TRAFFIC, REPEAL HANDICAP PARKING MAY STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicap Parking Zone, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal May Street, in front of #7 for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O’Keefe assumed the Chair
#197 – ONE DOLLAR FUEL SURCHARGE FOR TAXI OPERATORS
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs take up the issue of a one dollar ($1.00) surcharge for taxi cab operators and that Chief Tucker or his representative and the taxi cab owners be invited.
Councillor McCarthy resumed the chair
#198 – (#169 – #171) GRANTING CERTAIN LICENSES
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
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 of the following:
SEAWORM John Silva, 10 Almeda St., Salem
TAG DAYS S.H.S. Concert Band, May 1, 2010
Franco-American War Vets, August 27 & 28, 2010
#199 – (#174 - #175) TAXI OPERATOR HEARING FOR LUCIUS JUNIOR
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a hearing on the denial of Taxi Operator license for Lucius Junior, has considered said matter and would recommend approval.
#200 – (#272) OFFAL PERMITS
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Offal Permits, has considered said matter and would recommend that the matter be discharged from Committee.
#201 – (#12) RIGHT OF ENTRY AGREEMENT COMMERCIAL STREET
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Right of Entry Agreement with Health and Education Services, has considered said matter and
would recommend approval with condition that as long as Health & Education Services is responsible for all costs and knows that at some point Phase 2 and 4 of Bridge Street/North Street
improvements will be built out and Agreement shall be rescinded/null and void. And that there is signage to Park at your own risk due to flooding.
#202 – (13) RIGHT OF ENTRY AGREEMENT WITH NEW BOSTON VENTURES
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Right of Entry Agreement with New Boston Ventures, has considered said matter and would recommend that the matter be discharged from Committee.
#203 – (#128) ACCEPT RELEASE DEED FROM SESD FOR TRUNK SEWER LINE ON SZETELA LANE
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Release Deed from SESD for a Trunk Sewer line on Szetela Lane, has considered said matter and would recommend approval with condition so long as developer accrues all costs and City Engineer approves method of dismantling/burying sewer line.
#204 – (#598) PROTOCOL FOR BOARDS AND COMMISSIONS
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Protocol of Boards and Commissions, has considered said matter and would recommend that the matter be discharged from Committee.
#205 – (#344) UNREGISTERED VEHICLES ON ROSLYN STREET
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of two unregistered vehicles at 47 Roslyn Street, has considered said matter and would recommend that the matter remain in Committee.
#206 – (#62) RATE RELIEF TO SALEM TAXPAYERS IF WIND TURBINE IS ERECTED
Councillor Pinto offered the follow report for the Committee on Public Health, Safety and Environment.
The Committee on Public Health, Safety and Environment to whom was referred the matter of rate relief to Salem Taxpayers if a wind turbine is erected, has considered said matter and would recommend that the matter be discharged from Committee.
#207 – (#180) SMOKING BAN AT SALEM HOUSING AUTHORITY PROPERTIES
Councillor Pinto offered the follow report for the Committee on Public Health, Safety and Environment.
The Committee on Public Health, Safety and Environment to whom was referred the matter of a smoking ban at Salem Housing Authority properties, has considered said matter and would recommend that the matter be reported out with no recommendation.
#208 – PETITION FROM ATTORNEY QUINN FOR A ZONING ORDINANCE AMENDMENT CREATING A WATERFRONT INDUSTRIAL OVERLAY DISTRICT
The matter of a petition from Attorney William Quinn, representing Trustees of Shetland Trust, for Zoning Ordinance Amendment by adding a new section Waterfront Industrial Overlay District, was referred to the Planning Board to schedule a Joint public hearing with the City Council.
#209 - #211 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAYS S.H.S. Boys Lacrosse, April 18, 2010
S.H.S. Girls Lacrosse, April 24, 2010 & May 16, 2010
S.H.S. Marching Band, December 4, 2010
#212 – TAXI OPERATOR
The following license applications were granted:
TAXI OPERATORS Charles A. Williams, 200 Lynn St. #2206, Peabody
Rodolfo Cruz-Jimenez, 57 Harbor St., Salem
#213 – DRAINLAYER / CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator license was granted:
Charles R. Todd Contractors, 4 Stearns Lane, Billerica
#214 - #216 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs:
Maryanne L’Abbe, 5 Sutton Terrace, Salem
Carol Keyes, 33 Settlers Way, Salem
Elsa Puglielli, 42 Plymouth Ave., Swampscott
#217 - BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved:
DRAINLAYER Charles R. Todd Contractors, 4 Stearns Lane, Billerica
On the motion of Councillor O’Keefe the meeting adjourned at 8:20 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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