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MINUTES- 02-11-2010

A Regular Meeting of the City Council was held in the Council Chamber on Thursday,

February 11, 2010 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of

this meeting was posted on February 5, 2010 at 10:27 A.M.
        

       Councillor Prevey was recorded as absent.

       Council President Robert McCarthy presided.

Councillor Sargent 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.



#86 – APPOINTMENT OF LESLIE TUTTLE TO THE PARK & RECREATION COMMISSION

        The Mayor’s appointment of Leslie Tuttle to serve as a member of the Park & Recreation Commission with a term to expire on May 1, 2013, was held under the rules until the next meeting of February 25, 2010.


#87 – REAPPOINTMENTS TO THE CEMETERY COMMISSION

Mayor’s reappointment of the following to serve on the Cemetery Commission with terms to expire on February 1, 2013 was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.

                        Dave Gonet, 6 Patton Rd.
                        Joanne Mizioch, 11 Nursery St.
                        Philip L. Burke, 205 Highland Ave. #2107
                        Elaine Milo, 181 Marlborough Rd.









#88 – APPOINTMENT OF DEPARTMENT HEADS

        The Mayor’s reappointment of the following Department Heads with two year terms to expire on January 31, 2012 and three year terms as follows, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.


                Richard Rennard, Director of Public Services                            
                Doug Bollen, Director of Recreation and Community Services      
               Joanne Rust, Director of Data Processing (MIS)                  
                Nina Bridgman, Assistant Finance Director                               
                James Hacker, Executive Director of Parking                             
                Kathleen Winn, Assistant Planning Director                              
                Tom St. Pierre, Director of Inspectional Services and Director of Public Property
                John Giardi, City Electrician   
                Lynn Duncan, Planning Director
                William Hanger, Winter Island Manager
                David Knowlton, City Engineer
                Lisa Cammarata, Director of Human Resources
                Thomas McGrath, Assistant Building Inspector


                Department Heads with three year terms to expire as follows:

                Jean-Guy Martineau, Veteran’s Agent,    April 1, 2012 last expired April 1, 2009
                Anne Busteed, Treasurer                         January 31, 2013                                
                Bonnie Celi, Collector                  January 31, 2013
                Richard Viscay, Jr., Finance Director   January 31, 2012, last expired Jan. 31, 2009    


#89 – CONSTABLE

        The Mayor’s appointment of Christine Derby to serve as a Constable with a term to expire February 1, 2011, was received and placed on file.







#90 – DONATION FROM WAL-MART FOR THE POLICE DEPARTMENT

        The following Order recommended by the Mayor, was adopted.

        ORDERED: To accept the donation from Wal-Mart Foundation in the amount of Two Thousand Dollars ($2,000.00). These funds will be deposited into the Police Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.
        

#91 – RESOLUTION PRESERVE AMERICA FUNDS

        The following Resolution recommended by the Mayor, was adopted by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.

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

WHEREAS, Preserve America is a White House initiative developed in cooperation with the Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S. Department of Commerce; and

WHEREAS, The goals of this initiative include a greater shared knowledge about our Nation’s past, strengthened regional identities and local pride, increased local participation in preserving the country’s irreplaceable cultural and natural heritage assets, and support for the economic vitality of communities; and

WHEREAS, This initiative is compatible with our community’s interests and goals related to historic preservation; and

WHEREAS, The community has been designated as a Preserve America Community in order to improve our community’s ability to protect and promote its historical resources; and

WHEREAS, The goals of this initiative include a greater shared knowledge about our Nation’s past, strengthened regional identities and local pride, increased local participation in preserving the country’s irreplaceable cultural and historical heritage assets, and support for the economic vitality of communities; and

WHEREAS, The initiative has announced a competitive grant for Preserve America Communities to implement projects that promote preservation of cultural resources through heritage tourism; and

WHEREAS, The City of Salem is interested in completing the City’s Comprehensive Signage Program in an effort to promote the cultural and historical assets of the City of Salem; now therefore be it resolved


NOW, THEREFORE, BE IT RESOLVED, that the Salem City Council hereby supports the grant application for Preserve America funds to assist the completion of the City’s Comprehensive Signage Program.

NOW, THEREFORE, BE IT RESOLVED, that City of Salem will protect and celebrate our heritage, use our historic assets for economic development and community revitalization, and encourage people to experience and appreciate local historic resources through education and heritage tourism programs.


#92 – COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAPR) AND MANAGEMENT LETTER

        The Mayor submitting Comprehensive Annual Financial Report (CAPR) and Management Letter, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole.

The original documents on file and can be viewed in the City Clerks office.


#93 – TAXI OPERATOR LICENSE

        Councillor Lovely introduced the following Order, which was adopted.

        ORDERED: That the enclosed Taxi Operator License Application originally denied due to open court cases and unpaid court fees, has since been rectified and the application is being resubmitted and would request that this license be granted.

#94 – PARKING IN FRONT OF THE COURT HOUSE DURING NON-COURT HOURS

        Councillor Lovely introduced the following Order, which was adopted.

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss making the parking spaces in front of the Salem District Court available to as public parking during no-court hours also bust stop, loading zone and service zone and that the Salem Police Department be invited to the Committee to discuss same.


#95 – RESOLUTION LOYAL ORDER OF MOOSE 100TH ANNIVERSARY

        Councillor Sosnowski for Councillor Prevey introduced the following Resolution, which was adopted.

RESOLUTION:




Whereas:        The Loyal Order of the Moose, Local #218, the Salem Association,  is part of a world                    wide fraternal organization of over 1.1 million men and women members working with                      its fellowship to create a safe and friendly environment for its membership.  

Whereas:        The Salem Moose Family Center hereby celebrates its 100th anniversary as an                             organization dedicated to the service of the community in which its members are a                       part of.   Since its existence, the Moose has provided and performed countless acts                     of service on behalf of the local community.  As the changing needs of the community                     have occurred so too has the generosity of the Moose and its members.

Whereas:        Many of the ongoing and numerous examples of service to the community are:                              donation of a van for the Council on Aging; dinners for seniors, special needs families                         and families in general need at Thanksgiving, Easter, Halloween, Christmas,                             Valentines Day; 200 plus meals delivered to homes during the holidays; meals and                    events in support of the high school, North Shore Arc, the Salem Police Department                      and the Salem Youth Football; use of their hall for various charitable events as well                   as monthly use by the Mack Park Neighborhood Association.

Whereas:        The Moose expends over $40,000 each year in their effort to give back to the                            community and that the list of contributions made by the Moose continues to grow as                     our community’s  need continues to expand over the years.

NOW Therefore Be it Resolved: That the City Council for the City of Salem hereby recognizes, honors and congratulates the Loyal Order of the Moose in Salem for its 100th year anniversary and that the City Council extends its sincerest gratitude for its contributions to the City and its citizens over the millennium.  

And be it further resolved: That the City Council make this resolution a matter of public record of these proceedings and that a suitable copy be presented to the Loyal Order of the Moose, Local # 218, along with a copy of the City Seal, as an expression of the City´s respect and gratitude.  



#96 – YEAR TO DATE BUDGET REPORT

        Councillor Ryan introduced the following Order, which was adopted.

        ORDERED: That the Year to Date Budget Report dated January 31, 2010, be received and placed on file.










#97 -  ORDINANCE TRAFFIC, PARKING PROHIBITED CERTAIN STREETS, HUBON 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 51, “Parking Prohibited Certain Streets”


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

        Section 1. Section 51, Hubon Street, northerly side in its entirety, “No Parking”

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


#98 – (#20, #54)  CONDUIT AND SWITCHGEAR ON ST. PETER STREET

        Councillor Pinto offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole.

        The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of a conduit at #50 St. Peter Street has considered said matter and would recommend that the petition be approved for the 5” conduit as submitted on the plan and the new switchgear at #50 be denied as submitted on the plan.


#99 – (#75) GRANTING 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:

TAG DAYS                        Salem High School Softball, April 10, 2010 & May 8, 2010
                                Salem High School Boys Soccer, Sept. 18, 2010 & Oct. 16, 2010



#100 – (#31) TAXI OPERATOR LICENSE

        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 request on the denial of Taxi Operator License by Jean Joseph, has considered said matter and would recommend the matter be laid on the table pending the request for more information from the petitioner.


#101 – (#73) TAXI OPERATOR LICENSE

        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 request on the denial of Taxi Operator License by Fausto Martinez, has considered said matter and would recommend the matter be laid on the table pending the request for more information from the petitioner.


#102 – (#73, #242) REVIEW OF SALEM COMMON ORDINANCES

        Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.

        Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a letter for the Park and Recreation Commission to review the Ordinance relative to the Salem Common and the use of alcohol on the Salem Common, has considered said matter and would recommend that the City Solicitor put the draft ordinance in tracking form and forward a copy of same to the Park and Recreation Commission for their meeting Tuesday, February 16, 2010.


#103 – (#57) APPROPRIATION FOR THE PURCHASE OF PUMPS FOR HEATING SYSTEM AT THE POLICE STATIOIN

        Councillor Ryan offered the follow report for the Committee on Administration and Finance.

        Committee on Administration and Finance to whom was referred the matter of an appropriation of $9,200.00 to the “Capital Outlay Equipment” account to be expended for the

purchase of circulating pumps for heating system for the Police Station, has considered said matter and would recommend approval.


#104 – (#58)  TRANSFER TO POLICE COMMUNITY EVENTS

        Councillor Ryan offered the follow report for the Committee on Administration and Finance.

        Committee on Administration and Finance to whom was referred the matter of a transfer in the amount of $9,198.37 from “Police Overtime” to “Police Community Events” has considered said matter and would recommend approval.


#105 – (#659 - #660) ACCEPT MASS. GENERAL LAW TO IMPOSE LOCAL MEAL & ROOM OCCUPANCY EXCISE

        Councillor Ryan offered the follow report for the Committee on Administration and Finance.

        Committee on Administration and Finance to whom was referred the matter of accepting Mass. General Laws to impose a local meals and room occupancy excise, has considered said matter and would recommend that the matter be referred to the Committee of the Whole to hold a public hearing on February 24, 2010 at 6:30 P.M.


#106 = (#23) TRANSFER FROM PURCHASING DEPT. TO FINANCE DEPT.

        Councillor Ryan offered the follow report for the Committee on Administration and Finance co-posted with the Committee of the Whole.

        Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a Transfer of $2,500.00 from Purchasing Department to the Finance Department, has considered said matter and would recommend that the matter be discharged from Committee.


#107 – LIMOUSINE LICENSE APPLICATIONS

        The request following Limousine License application was granted.

LIMOUSINE                       Javier Car Service, 78 Rainbow Ter., Salem      (1)




#108 – LICENSE APPLICATIONS

        
The following licenses were granted.


TAXI OPERATORS          Jaime Lopez, 34 Hanover St. #6, Lynn
                                Thomas Clocher, 43 Boston St., Salem
                                Volker Widlok
                                Felipito Guzman, 7 Watson St., Salem
                                Omar Alkhatatbeh, 11 Grand View Ave., Revere
                                Jeffery Alexander, 104 Holten St., Danvers
                                Paul Moore, 14 Foster St., Peabody
                                Jesus Rosario, 42 Park St., Salem
                                Julio Jimenez, 11B Rockdale Park, Peabody
                                

#109 – #118  LICENSE APPLICATIONS

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

PUBLIC GUIDES           Lisa Van Dell, 1 Schooner Ridge, Marblehead
                                Penny Van Dell, 1 Schooner Ridge, Marblehead
                                Alicia Diozzi, 40 English St., Salem
                                Thomas Vallor, 19 Mall St. #2, Salem
                                Jeffrey Horton, 27 Bar Link Way #81, Swampscott
                                Mollie Stewart, 74 Essex St. #1, Salem

SEAWORM                 Arthur Barreira, 49 Webster St., Peabody

TAG DAYS                        S.H.S. Swim Team, March 6, 2010
                                S.H.S. Boys Lacrosse, March 7, 2010
                                S.H.S. JROTC, March 20 & 21, 2010
                                S.H.S. Girls Tennis, March 27, 2010 & April 3, 2010
                                S.H.S. Girls Track, April 17, 2010
                                S.H.S. Boys Lacrosse, May 22, 2010
                                Salem Veterans Council, July 1-5, 2010
S.H.S. Volleyball, September 19, 2010 & October 2, 2010





#119 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS
        
        The following Drainlayer/Contract Operator license applications were granted.

                                D’Alelio Construction Co. Inc, 31 Lewis Rd., Swampscott
                                Meninno Construction, 76 Oakville St., Lynn                     
                                
        
                
#120 - #123  CLAIMS

        The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
                                David Kline, 1000 Loring Ave. #B36, Salem
                                Natalia Pedrang, 4 First St. #6202, Salem
                                Dezra Kenney, 179 Whalers Lane, Salem
                                                                
SUBROGATED              Brodigan & Gardiner LLP (for Robert Romano), 40 Broad St., Boston


#124 - BONDS

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


CONSTABLE               Christine Derby, 73 Tremont St., Salem          





        On the motion of Councillor Ryan the meeting adjourned at 9:40 P.M.



        ATTEST:                                         CHERYL A. LAPOINTE
                                                                CITY CLERK