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MINUTES- 05-12-2011

“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”

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

May 12, 2011 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of
this meeting was posted on May 5, 2011 at 5:50 P.M.  This meeting is being taped and is

live on S.A.T.V.   

        
      Councillor Lovely was recorded as absent.

      Council President Ryan presided.


Councillor Sargent moved to dispense with the reading of the record of the previous meeting. It was so voted.


 President Ryan requested that everyone please rise to recite the Pledge of Allegiance.

THERE WAS NO PUBLIC TESTIMONY


#304 – CONDUITS FOR VERIZON ON AMES, FERRY AND THORNDIKE STS.

A hearing was held on the order from Verizon to install conduits on Ames, Ferry and Thorndike Streets.

Appearing in favor:

Everett Dawkins representative of Verizon.


Opposed: None

Councillor Sosnowski moved that the hearing be closed. It was so voted.

Councillor Sosnowski moved that the order be granted on the condition that the work must be done before a once top coats are done the top coat must not be disturbed. It was so voted.


#305 – CONDUIT FOR NATIONAL GRID ON DURKIN ROAD

A hearing was held on the order from National Grid to install conduits on Durkin Road.

Appearing in favor:

        Peter Glenn – 44 River Street, Beverly, MA representative for National Grid.

Opposed: None

Councillor Pinto moved that the hearing be closed. It was so voted.

Councillor Pinto moved that the order be granted. It was so voted.



(#209) – APPOINTMENT OF JULIE CARVER TO THE COUNCIL ON AGING

Held from the last meeting the Mayor’s appointment of Julie Carver to serve as a member of the Council on Aging with a term to expire on April 1, 2014, was held until the next meeting of
May 26, 2011.



(#258) – APPOINTMENT OF JOHN JODOIN TO THE COMMISSION ON DISABILITIES

Held from the last meeting the Mayor’s appointment of John Jodoin to serve as a member of the Commission on Disabilities for a term to expire February 1, 2014, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Furey and Ryan were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.


#306 – #307 - CONSTABLES

The Mayor’s reappointment of  the following to serve as a Constables with the following terms to expire, were received and placed on file.

                        
                Richard Cornacchini, 96 Light St., Lynn         Term to Expire:  June 24, 2014
                Gregory Iovanello, 23 Main St., Topsfield       Term to Expire:  March 16, 2012


#308 – APPR. TO PUBLIC SERVICES – SEWER FUEL

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

        ORDERED: That the sum of Fifty-Five Thousand Dollars ($55,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “Public Services – Sewer Fuel” account in accordance with the recommendation of Her Honor the Mayor.



#309 – APPR. TO PUBLIC SERVICES – WATER FUEL

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

        ORDERED: That the sum of Fifty-Five Thousand Dollars ($55,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Water Fuel” account in accordance with the recommendation of Her Honor the Mayor.



#310 -  APPR. TO BE EXPENDED FOR RENOVATIONS & REPAIRS TO MCGRATH PARK SOCCER FIELD

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

        ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated from the “Capital Outlay – Renovations & Repairs” account to be expended for the renovation and repair of theMcGrath Soccer Field by the Recreation and Engineering Departments in accordance with the recommendation of Her Honor the Mayor.












#311 – APPR. TO TO RETIREMENT STABILIZATION FUND- VACATION/SICK LEAVE BUYBACK ACCOUNT

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

ORDERED: That the sum of Nineteen Thousand, Five Hundred and Eighty Four Dollars ($19,584.00) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account 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.

James Durkin    Electrical Dept.                $19,584.00



#312 – APPR. TO HARBORMASTER – ELECTRICITY
        
The following order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.

ORDERED: That the sum of Five Hundred Dollars ($500.00) is hereby appropriated from the “Receipts Reserved – Harbormaster” account to the “Harbormaster – Electricity” account in accordance with the recommendation of Her Honor the Mayor.
                

#313 – LEASE AGREEMENT FOR CAMP NAUMKEAG

        The following order recommended by the Mayor.

        ORDERED: That the City Council authorize the Mayor and the Park and Recreation Commission to enter into a three- year lease agreement with the option to renew the lease for an additional three years in one year increments with the Salem YMCA for Camp Naumkeag.

Councillor McCarthy moved that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. The motion was withdrawn.

        Councillor Sargent moved to amend the Lease Agreement Term by adding after the word camp in the first sentence 2nd paragraph “7AM to 8PM, Monday through Friday and City shall retain the use of Camp Naumkeag for 8PM Friday to 7AM on Monday.





Adopted as amended by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Sosnowski, Sargent, Ronan, Pinto, Pelletier, O’Keefe, McCarthy, Furey and Ryan were recorded as voting in the affirmative. Councillor Prevey was recorded as voting in the negative. Councilor Lovely was recorded as absent.

CITY OF SALEM
Contract # M-31

LEASE AGREEMENT FOR CAMP NAUMKEAG


This Agreement of Lease ("Lease") is made and entered into this TWENTY EIGHTH day of APRIL in the year TWO THOUSAND AND ELEVEN, by and between the City of Salem ("Landlord") with a usual place of business at 93 Washington Street, Salem, Massachusetts 01970 and Salem YMCA, 1 Sewall Street, Salem, MA 01970 ("Tenant"). Landlord is the owner of land and improvement commonly known as Camp Naumkeag, located at 85 Memorial Drive in Salem, MA 01970. Landlord makes available for lease Camp Naumkeag. Landlord desires to lease the Premises to Tenant, and Tenant desires to lease the Leased Premises from Landlord for the term, at the rental and upon the covenants, conditions and provisions herein set forth.   
THEREFORE, in consideration of the mutual promises herein contained and other good and valuable consideration, receipt of which is hereby acknowledged, it is agreed:
1.      Term.
Landlord hereby leases the Leased Premises to Tenant, and Tenant hereby leases the same from Landlord, for an "Initial Three-Year Term" with and option to renew the lease for an additional three years in one year increments.   
The Salem YMCA will operate the Youth Explorer’s Camp 7:00 AM to 8:00 PM Monday through Friday beginning on June 27, 2011 and ending on September 2, 2011.  In addition, the Salem YMCA will provide Caretaker Services beginning on or around May 15, 2011 and ending on October 1, 2011.  The terms for both the Youth Explorer’s Camp and Caretaker Services provided by the Salem YMCA are subject to the terms and conditions of this agreement, including the renewal options.  The City shall retain the use of Camp Naumkeag from 8:00 PM Friday to 7:00 AM on Monday.     
2.      Option to Renew.
Subject to the foregoing, and provided Tenant is not in default under any of the terms and conditions of this Lease, and subject to the express written approval of the Landlord at least sixty (60) days in advance of expiration of the lease, which approval may be withheld for any reason or no reason at all, Tenant shall have the option to renew this lease for up to three additional one-year periods commencing upon the expiration of the original term thereof, upon the same terms,

covenants and conditions as set for the original term except for rent which shall be adjusted, if at all, pursuant to the Tenant’s original lease proposal or with agreement of the parties.

3.      Rent.
Tenant shall pay to Landlord during Year One of Term, $1,000.00/week beginning the week of June 27, 2011 and ending the week of September 2, 2011. This rent shall also apply to Year Two and Year Three of the lease.  Rent shall be paid on the first day of each month, or as agreed to by Landlord and Tenant, and made payable to the "City of Salem", 5 Broad Street, Salem, MA 01970, to the attention of the Salem Park & Recreation Department.
4.      Use.
The Space shall be used solely to operate the Youth Explorer’s Program for ages 5 - 14.  Hours of operation of this program are approximately 7:00 am – 6:00 pm Monday – Friday.  The Salem YMCA is also permitted to provide health and wellness programs, including, but not limited too, Bootcamps, running clinics and yoga classes, from the hours of 6:00 am – 8:00 am and in the evening from 6:00 pm – 8:00 pm. During the Camp Naumkeag season (during the weekdays of June - September), Tenant shall continuously use and occupy the premises only for the purposes stated and no other purposes whatsoever, unless prior approval is provided by the Director of Recreation & Community Services.  
Caretaker services are to be provided Monday Saturday beginning on or around May 15, 2011 – October 1, 2011.  Such services will be provided in years two and three of the contract as well.  Caretaker is to provide mowing and landscaping services, general maintenance and repair of the facilities, must clean and stock the bathrooms and provide oversight and security of Camp Naumkeag.   
5.      Delivery/Parking.
Tenant shall not park anywhere in the Camp Naumkeag area except for those areas specifically designated for same. Any deliveries shall only be made at specifically designated areas adjacent to Camp Naumkeag.

Sublease and Assignment.
Tenant shall not have the right without Landlord's consent, to assign this Lease, in whole or in part.  Landlord may withhold consent for any reason or for no reason at all.   



6.      Condition of Premises: Repairs & Maintenance.
Condition
Tenant accepts the leased premises in the condition in which they are on the date of the commencement of the term hereof, acknowledging that it has inspected the leased premises. The Landlord has made and the Tenant has relied on no representations or warranties, express or implied, as to the condition of or the rentability for a particular use of the leased premises, except as may be set forth herein.   
Repairs
The Tenant shall make all necessary repairs to the building so as to make the building in the working condition for the use it is to be put, except for reasonable wear and tear, damage by fire or other casualty, acts of God or acts of war. Tenant shall maintain, repair and renew as necessary all mechanical and utility systems on the leased premises so as to keep them in good and safe operating condition in all respects. Tenant is responsible for all ordinary repairs within the unit comprising the premises and which are accessible to the Tenant.
Tenant is specifically required to make all repairs to windows, plate glass, doors and any fixtures or appurtenances composed of glass, unless the same shall be damaged by fire.
For the purposes of this Lease, the term "reasonable wear and tear" constitutes that normal, gradual deterioration which occurs due to aging and ordinary use of the premises despite reasonable and timely maintenance and repair but in no event shall "reasonable wear and tear" excuse the Tenant from its duty to keep the premises in good maintenance and repair or otherwise usable, serviceable and tenantable.     
Cleanliness
Tenant shall keep the sidewalks, entrances, passageways and area adjoining the leased premises in a clean and orderly condition, free from rubbish, obstructions, snow and ice during months of business operation. Such duty shall include, at a minimal, daily sweeping in the a.m. and washing (hosing down) in the p.m.  Tenant must also be responsible and provide for an on-site dumpster.    
Tenant shall wash all windows (including doors) at least twice per season.
Yield in Good Repair
At the expiration or other termination of the lease, the Tenant will yield up the premises in good repair, order and condition, except for reasonable wear and tear, damage by fire, act of God, damage caused by acts or omissions of the Landlord and delays beyond Tenant's control.   


Capital Improvements
        The tenant will provide, at a minimum, $10,000.00 of capital improvements to the facilities and grounds of Camp Naumkeag, provided that said capital improvements are first approved by the Director of Recreation & Community Services.  Copies of plans, specifications, and any other related documents pertaining to said capital improvements must be provided to the City of Salem at no cost to the City.  The minimum $10,000.00 worth of capital improvements shall take place over the term of the three year lease agreement.  
7.      Alterations.
Any alterations of the premises, including capital improvements, by the Tenant must first be approved by the Landlord. Any such approval of alterations by the Landlord is contingent upon appropriate approval from Building Inspector and other department with jurisdiction over same. Any alterations made without approval will be restored at the sole expense of the Tenant at the request of the Landlord.   
8.      Inspections.
Landlord shall have reasonable access to premises during the term for purposes of enforcing the lease agreement and any other pertinent statute, code or ordinance. At a minimal, Landlord shall inspect said premises twice during the Camp Naumkeag season.
9.      Insurance.
A.      If the Leased Premises is damaged by fire or other casualty resulting from any act or negligence of tenant or any of tenant's agents, employees or invitees, rent shall not be diminished or abated while such damages are under repair, and Tenant shall be responsible for the costs of repair.       
B.      Tenant shall be responsible, at its expense, for fire and extended coverage insurance on all of its personal property, including removable trade fixtures, located in the Leased Premises.   
C.      Tenant shall, at its own expense, maintain a policy or policies of comprehensive general liability insurance with respect to the activities that take place on the Leased Premises, with the premiums thereon fully paid on or before due date, issued by and binding upon some insurance company approved by Landlord.  Further, such insurance shall afford minimum protection of not less than $1,000,000 combined single limit coverage of bodily injury, property damage or combination thereof, with Landlord listed as an additional insured on Tenant's policy or policies of comprehensive general liability insurance.  Tenant shall provide Landlord (City of Salem) with current Certificates of Insurance evidencing Tenant's compliance with this Paragraph by mailing to Purchasing Officer, 120 Washington Street, Salem, MA 01970. Tenant shall obtain the agreement of Tenant's insurers to notify Landlord that a policy is due to expire at least thirty (30) days prior to such expiration. Landlord shall not be required to maintain insurance against thefts within the Leased Premises of the Building.



10.     Indemnification.
Tenant shall at all times relieve, indemnify, protect and save harmless the Landlord and each of its boards, officers and employees from any and all claims and liability of death of and injury to persons or damage to property that may arise from or be caused by the operation, maintenance or occupation of the aforesaid premises by the Tenant under the provisions of this Lease or by the negligence of the Tenant, its agents, officers or employees.   

11.     Utilities.
Tenant shall be responsible for payment of all utilities at the premises, including but not limited to, water, heat and electricity. Landlord is not responsible for providing heat to the buildings at Camp Naumkeag.
12.     Signage.
Tenant shall have the right to place on the outside facade of Leased Premises, at locations selected by the tenant and approved by the Landlord, appropriate signage that is permitted by applicable zoning ordinances and private restrictions. Landlord may refuse consent to any proposed signage that is inconsistent with or inappropriate to the Leased Premises.  Tenant shall repair all damage to the Leased Premises resulting from the removal of signs installed by Tenant.   
13.     Default.
If Tenant defaults in the payment of rent or utilities when due to Landlord as herein provided, and if said default continues for fifteen (15) days after written notice has been given to Tenant by Landlord, or if default shall be made in any of the other covenants or conditions to be kept, observed and performed by Tenant, and such default shall continue for thirty (30) days after notice thereof in writing to Tenant by Landlord, Landlord may declare the term of this Lease ended and terminated by giving Tenant written notice of such intention, and if possession of the Leased Premises is not surrendered, Landlord may reenter said premises. Landlord shall have, in addition to the remedy above provided, any other right or remedy available to Landlord on account of any Tenant default, either in law or equity. Landlord shall use reasonable efforts to mitigate its damages.   
14.     Quiet Possession.
Landlord covenants and warrants that upon performance by tenant of its obligations hereunder, Landlord will keep and maintain Tenant in exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Leased Premises during the term of this Lease.
15.     Condemnation.
If any legally, constituted authority condemns the Building or such part thereof which shall make the Leased Premises unsuitable for leasing, this Lease shall cease when the public authority takes possession. Such termination shall be without prejudice to the rights of either party to recover compensation from the condemning authority for any loss or damage caused by the condemnation.

 Neither party shall have any rights in or to any award made to the other by the condemning authority.   
16.     Notice.
Any notice required or permitted under this Lease shall be deemed sufficiently given or served if sent by United States certified mail, return receipt requested, addressed as follows:
If to the Landlord:     Salem Purchasing Officer Thomas P. Watkins
        120 Washington Street
        Salem, MA 01970

If to the Tenant:                       John J. Meany
                                        Salem YMCA
                                        1 Sewall Street
                                        Salem, MA 01970

Landlord and Tenant shall each have the right from time to time to change the place notice is to be given under this paragraph by written notice thereof to the other party.
17.     Waiver.
No waiver of any default of Landlord or Tenant hereunder shall be implied from any omission to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect any default other than the default specified in the express waiver and that only for the time and to the extent therein stated. One or more waivers by Landlord or Tenant shall not be construed as a waiver of a subsequent breach of the same covenant, term or condition.
18.     Headings.
The headings used in this Lease are for convenience of the parties only and shall not be considered in interpreting the meaning of any provision of this Lease.
19.     Compliance with Law.
Tenant shall comply with all laws, orders, ordinances and other public requirements now or hereafter pertaining to Tenant's use of the Leased Premises. Landlord shall comply with all laws, orders, ordinances and other public requirements now or hereafter affecting the Leased Premises.
20.     Termination of the Lease
Notwithstanding any other provision of this lease, Landlord shall have the right to terminate the lease with sixty (60) days written notice, unless the Tenant is in breach of this lease, then only thirty (30) days notice shall be required before the Landlord may terminate the lease. If the Tenant shall close its business as stated in paragraph four, the lease shall revert back to the Landlord.

21.     Final Agreement.
This Agreement terminates and supersedes all prior understandings or agreements on the subject matter hereof. This agreement may be modified only by a further writing that is duly executed by both parties.
IN WITNESS WHEREOF, the parties have executed this Lease as of the day and year first written above.   

#314 – REQUEST FOR JOINT CITY COUNCIL AND SCHOOL COMMITTEE MEETING


A request from the Mayor to hold a joint meeting between the City Council and the School Committee for the purpose of discussing upcoming School Building Projects, was referred to the Committee of the Whole. (letter on file in the City Clerks Office)


#315 – CAPITAL IMPROVEMENT PROGRAM FOR 2011 – 2015

        Received after the deadline of Tuesday noon under suspension of the rules.

        Mayor submitting the proposed Capital Improvement Program for 2011-2015, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole.
(the submitted Capital Improvement Program on file in the City Clerks Office)


#316 – MONTHLY FINANCIAL REPORT

        Councillor McCarthy introduced the following Order, which was adopted.

ORDERED: That the Monthly Financial Report dated March 31, 2011 be referred to Committee on Administration and Finance.


#317 – STATUS OF 111 NORTH STREET

Councillor Prevey introduced the following Order, which was adopted.

ORDERED: that the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole meet to discuss the status of the proposed gas station on 111 North Street and that the abutting neighbors, the owner Bob Sideropoulos and his counsel, the Building Inpector, the City Engineer, the Fire Chief and the acting Health Agent be invited.


#318 – ORDINANCE TRAFFIC HANDICAP PARKING REPEAL BUFFUM STREET

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

        Traffic, Chapter 42, Section 50B, “Handicapped Zones, Limited Time”

In the year two thousand and eleven

An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicapped Zones, Limited Time”

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

Section 1. Repeal Buffum Street in front of #40, for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”.

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



#319 – ORDINANCE AMENDING CHAPTER 2, SECTION 2-502 BUDGET PREPARATION

Councillor Ronan introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.


In the year two thousand and eleven

An Ordinance to amend an Ordinance relative to Administration

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

Section 1. Chapter 2, Section 2-502 Budget Preparation, is hereby amended by adding the following new section:

  • The City Council shall approve by a separate majority roll call vote taken independently and before any vote of the city’s annual budget, any tax increase of any amount up to 2 ½ per cent (exclusive of new growth) over the prior fiscal year. This ordinance shall provide the tax payers with an additional level of accountability for tax increases and shall be additional to the requirements set forth in M.G.L. c.59 §21C (so called “Proposition 2 ½ “). Tax increases of 2 ½ % or more remain subject to the requirement of voter approval as set forth in the

statute. This ordinance shall affect tax increases (exclusive of new growth) up to the 2 ½ % statutory threshold.

Section 2. this ordinance shall take effect as provided by City Charter.



#320 – ACQUISITION OF THE SALEM POWER PLANT

        Councillor Sosnowski introduced the following Order, which was adopted.

        ORDERED: That the Committee on Administration and Finance co-posted with Committee of the Whole meet to discuss the possible acquisition of the Salem Power Plant and the following be invited, Mayor, Finance Director, Mike Fitzgerald Plant Manager, Attorney Jim Smith, Representative John Keenan or his representative and Senator Frederick Berry or his representative, Malia Griffin.


#321 – RAISING PARKING METER FEES AT SALEM WILLOWS

        Councillor McCarthy introduced the following Order, which was adopted.

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs take up the matter referred to the City Council by the Park and Recreation Commission on raising the parking meter fees at the Willows. And the following be invited Doug Bollen and the Park and Recreation Commission.


#322 – COMPLAINTS REGARDING SPELLBOUND TOURS

        Councillor Pelletier introduced the following Order, which was adopted.

        ORDERED: That the City Council Committee on Ordinances, Licenses and Legal Affairs meet to address the public guide licenses of Mollie Stewart and Spellbound Tours specifically to a recent complaint received regarding monies collected where no tours were conducted. And the following be invited: Kate Fox of Destination Salem, Tim Maguire Jr. of The Histrionic Academy LLC.







#323 – RESOLUTION – HEALTH INSURANCE REFORM

        Councillor Ryan introduced the following Resolution, which was adopted by roll call vote of 7 yeas, 3 nays, 1 absent.  Councillors Sosnowski, Ronan, Pelletier, O’Keefe, McCarthy, Furey and Ryan were recorded as voting in the affirmative. Councillors Sargent, Prevey and Pinto were recorded as voting in the negative. Councillor Lovely was recorded as absent.


        RESOLUTION:

WHEREAS: the annual cost of employee health insurance benefits for the City of Salem exceed $11 million dollars per year, and

WHEREAS: municipal employee health insurance premiums are expected to increase this year substantially, and

WHEREAS: making modest changes in health care plans would enable the City to reap substantial savings that could be put toward preserving jobs and maintaining existing programs, and

WHEREAS: the House of Representatives, with support of Representative John Keenan, recently voted to give cities and towns greater flexibility to manage rising health care costs,

        NOW, THEREFORE BE IT RESOLVED, as follows:
That the Salem City council strongly supports the proposed legislation that would give cities and towns the authority to manage soaring health care costs by either joining the State Group Insurance Commission (GIC) or providing communities with the flexibility to institute their own health insurance plans that provide equivalent savings.

BE IT FURTHER RESOLVED that this is critical issue that needs legislative action  this year in order to save jobs and preserve vital city programs.













#324 -  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 approval.


PUBLIC GUIDES           Thomas Vallor, 140 Bridge St. #2, Salem
                                        
SEAWORMS                        Louis Dos Santos, 57 Central St., Peabody
                                Alexandrino DaSilva, 37 Harris St., Peabody
                                Futimio Cunha, 89 Tremont St., Peabody
                                Armando Borges, 7 Union St., Peabody

SECOND HAND             Forgotten Treasures, 107 Bridge St., Salem
VALUABLE                        

TAG DAYS                        Salem/Swampscott Youth Hockey, Sept. 3, 2011 & Oct. 22, 2011
                                S.H.S. Cross Country Team, September 18, 2011
                                S.H.S. Girls Volleyball, September 24, 2011
                                S.H.S. Cross Country Team, October 8, 2011
                                Knights of Columbus, October 9 & 10, 2011
                                S.H.S. Girls Volleyball, October 29, 2011


#325 – (#493 of 2009, #317 of 2010, #277 of 2011) OUTDOOR CAFÉ PERMIT

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 amending an Ordinance for permitting of outdoor café’sin the Urban Renewal District to rescind the SRA authority, has considered said matter and would recommend that the City Solicitor make a recommendation regarding the opening of the sidewalk at the Tavern and report back to the Committee.







#326 – (#249 - #250) DENIAL OF TAXI OPERATOR LICENSE

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 hearing on the denial of Raymond Garland’s taxi operator license, has considered said matter and would recommend granting a 30 day temporary license and to have Mr. Garland submit further requested information to the Committee in order to have his temporary license extended.


#237 – (#274) PAINTING TRAFFIC LINES ON WASHINGTON STREET

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 painting of traffic lines creating two lanes on Washington Street, has considered said matter and would recommend that the matter remain in Committee while the Police Traffic Division reviews the proposed area affected and reports back their recommendations to the Committee.


#328 – (#260) APPROPRIATION TO POLICE MEDICAL – ACTIVE

Councillor McCarthy 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 a $15,000.00 appropriation from “Free Cash” to “Police – Medical Active” account, has considered said matter and would recommend approval.


#329 – (#267) APPROPRIATION TO CITY HALL TAXES AND RENT

Councillor McCarthy 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 a $15,461.00 appropriation from Free Cash to City Hall Taxes and Rent, has considered said matter and would recommend approval.



#330 – (#268) APPROPRIATION TO PUBLIC PROPERTY – OIL HEAT

Councillor McCarthy 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 a $13,000.00 appropriation from Free Cash to Public Property – Oil Heat, has considered said matter


#331 – (#261) TRANSFER TO COUNCIL PRINTING AND BINDING

Councillor McCarthy 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 a $5,000.00 transfer to Council Printing and Binding, has considered said matter and would recommend approval.


#332 – (#266) APPROPRIATION TO FIRE APPARATUS REPAIR

Councillor McCarthy 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 a $20,000.00 appropriation from Free Cash to Fire Apparatus Repair, has considered said matter and would recommend approval.


#333 – (#273) CLOSING DATE FOR SZETELA LAND

Councillor McCarthy 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 closing date for Szetela Lane, has considered said matter and would recommend the matter remain in Committee.






        

Councillor O’Keefe assumed the Chair



#334 – (#239) PRE-DISASTER MITIGATION PRESENTATION

Councillor Ryan 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 Pre-Disaster Mitigation Presentation, has considered said matter and would recommend that the matter remain in Committee.


        
Councillor Ryan resumed the Chair.


        
#335 –  #337  LICENSE APPLICATIONS

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

PUBLIC GUIDES           Roberta Rimari, 18 Porter St., Beverly
                                Stephen Baglioni, 18 Porter St., Beverly
                                Merrill Kohlhofer, 44 Beaver St., Salem
                                Spencer Riley, 18 Pawtucket Blvd., Tyngsborough
                                Serra Langone, 25 Brookside Ln., Burlington
                                Devin Little, 22 Webb St., Salem
                                        
TAG DAYS                        S.H.S. Class of 2012 , July 31, 2011
                                Salem Legion Baseball, June 25 & 26, 2011


#338 – TAXI OPERATOR

The following license applications were denied.

TAXI OPERATORS          Timothy Keane, 42 Buffum St. #2, Salem
                                Elliott Eflin, 461 Lowell St., Peabody          




#339 – REQUEST FOR HEARING ON DENIAL OF TAXI OPERATOR LICENSE

Request from Timothy Keane for a hearing on the denial of his taxi operator license, was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an executive session.



#340 – REQUEST FOR HEARING ON DENIAL OF TAXI OPERATOR LICENSE

Request from Elliott Eflin for a hearing on the denial of his taxi operator license, was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an executive session on May 25, 2011 at 6:30 P.M.


#341 – DRAINLAYER / CONTRACT OPERATOR LICENSE

The following Drainlayer/Contract Operator License was granted.

                        Caruso Corporation, 320 Charger St., Revere


#342 – CLAIMS
                                                
The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.
                                
                                Patricia Kosian, 7 Forrester St. #2, Salem              

                                
                        


        On the motion of Councillor Prevey the meeting adjourned at      9:10 P.M.




ATTEST:                                                 CHERYL A. LAPOINTE
                                                                CITY CLERK