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MINUTES- 05-26-2011
“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 26, 2011 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of
this meeting was posted on May 19, 2011 at 5:09 P.M.  This meeting is being taped and is

live on S.A.T.V.   

        
       All Councillors were present.

       Council President Ryan presided.


Councillor Prevey 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


(#209) – APPOINTMENT OF JULIE CARVER TO 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 confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.



#343 – REVOLVING ACCOUNT

        The following order recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.




ORDERED:

That the Salem City council vote, pursuant to the provisions of MGL Chapter 44, Section 53E ½ to authorize the establishment of the revolving funds for FY 2012 as herein described.  Expenditures from said funds shall not exceed the amount of funds received in the respective accounts or as authorized as stated, shall come from any funds received by the respective boards for performing services, shall be used solely for the purpose of implementing the programs delineated and shall be approved by a majority vote of any respective boards in accordance with the recommendation of Her Honor the Mayor.


Department
Fund Name
Fund #
Programs & Purposes
Type of Receipts Credited
Authorization for Spending
FY 2012 Budget Request         Maximum Annual Expenditures
~
Fire
R/A Local Emergency Planning Comm
2433
Training and special equipment needed to resopnd to hazardous materials incidents per CH 21E
Fees charged to persons spilling or releasing hazardous materials
Fire Chief and Mayor
$     20,000.00
Fire
R/A Confined Space Drills
2449
Confined space training for Firefighters.
Fee charged to Dominion Power Plant to cover OT costs for Firefighter Confined Space Drill training.
Fire Chief and Mayor
$      58,000.00
Mayor
Special Events
2361
To cover expenses for July 4th and Haunted Happenings events.
Funding from RFP's for services, vendors and miscellaneous sponsorships.
Mayor
$      75,000.00
Recreation
Dog Park
2435
Renovations and Maintenance of Dog Park at Leslie's Retreat Park.
Fee charged for pass to use dog park (pooch pass).  Twenty-Five dollars annually for pass.
Recreation Director and Mayor
$      10,000.00
Recreation
Park & Rec Public Access
2452
To be used for the operation and maintenance of Winter Island and McCabe Marina
Parking and launch fees charged  at McCabe Marina & Winter Island
Recreation Director and Mayor
$      30,000.00
Recreation
Salem Willows Meters
2459
Renovations and Maintenance of Willows Park.
Money generated from Willows Meters
Recreation Director and Mayor
$      30,000.00
Recreation
Witch House
2499
To support Salem Award committee and the Salem Witch Trial Memorial
Twenty-Five cent surcharge to tickets beginning in May 2009
Recreation Director and Mayor
$      10,000.00
Department
Fund Name
Fund #
Programs & Purposes
Type of Receipts Credited
Authorization for Spending
FY 2012 Budget Request         Maximum Annual Expenditures
Planning & Community Development
Salem Ferry Operational
2453
Fund operational costs of the Salem Ferry and Blaney Street Dock
Fees received during the off season for use/rent of ferry
Director of Planning and Mayor
$      40,000.00
Public Services
Sticker Program
2455
To pay for costs of disposal of hazardous items picked up as part of sticker program, and for abandoned pieces picked up by this department.
$20.00 fee charged for each sticker bought when scheduling a curbside pick up for item disposal.
Public Service Director and Mayor
$      25,000.00
Engineering
Environmental Fund
2438
Provide for City purchase of environmental items such as recycling bins, recycling toters, rain barrels, composeters, water conservation devises, ercycling calendar and educational material.
Fees charged for recycling bins, recycling toters, rain barrels, composters, water conservation devices.
City Engineer and Mayor
$      30,000.00
Engineering
Traffic Island
2439
Projects related to City beautification events including Traffic Island, Beautification, and special events such as Treemendous
Primarily from: Traffic Island Sponsorships, Special Events Revenues, Event and Beautification effort sponsors
City Engineer and Mayor
$      25,000.00
Engineering
Water Backflow Test
2363
Mass DEP required backflow testing program to comply with 310 CMR 22.22.
Fee charged for testing of backflow devices and cover the cost of periodic survey or properties potentially requiring  a device.
City Engineer and Mayor
$      85,000.00
School
Building Rental
2601
Building Rental/Custodial
Payments for rental of building by outside groups
School Committee and Mayor
$    200,000.00
School
Early Childhood
2608
Pre-School Tuition
Tuition payments for students attending the pre-school program at the Early Childhood Center
School Committee and Mayor
$    110,000.00
Department
Fund Name
Fund #
Programs & Purposes
Type of Receipts Credited
Authorization for Spending
FY 2012 Budget Request         Maximum Annual Expenditures
School
School Busing
2614
School Bus pass
Purchases of school bus passes
School Committee and Mayor
$    100,000.00
School
Night/Summer School
2620
Summer/Night School Tuition
Tuition payments for students attending the night & summer school programs
School Committee and Mayor
$      50,000.00
School
Special Ed Tuition
2627
Special Ed Tuition
Tuition payments for students from other districts attending Special Ed programs in Salem
School Committee and Mayor
$    100,000.00




#344 -  ACCEPT DONATIONS

The following order recommended by the Mayor, was adopted.

ORDERED:  to accept the following donations in the amount of Thirteen Thousand Dollars ($13,000.00). These funds will be deposited in the Salem Police Department Summer Camp Donation Fund and the Essex County Summer Camp Fund as listed in accordance with the recommendation of Her Honor the Mayor.

Salem Five                      $2,000.00
GE Good Neighbor        Fund    $5,000.00
Essex District Attorney $5,000.00
Marblehead Police               $1,000.00
Total                               $13,000.00




#345 – WITCHES CUP BIKE RACE SERVE AND CONSUME MALT BEVERAGES ON THE COMMON

        The following Order recommended by the Mayor, was adopted.

ORDERED: That the organizers of the Witches Cup annual bicycle race take place on August 10, 2011 at and around the Salem Common are hereby authorized to utilize a portion of the Salem Common, as described in the organizer’s memorandum dated May 10, 2011 and attached hereto, as a hospitality tent at which the organizers may serve and attendees may consume malt beverages. Authorization is limited to the time and scope of the event as described in the May 10, 2011 memorandum. (memorandum on file in the city clerks office)




#346 – WITCHES CUP BIKE RACE USE OF STREETS

The following request from the Mayor, was adopted.

        Request approval for the closure of the streets surrounding Washington Square on August 10, 2011 for the Witches Cup bicycle race.


#347 – FISCAL YEAR 2012 ANNUAL BUDGET
        
Received after the deadline of Tuesday noon under suspension of the rules.

        Mayor submitting the Fiscal Year 2012 Budget, was referred to the Committee on Administration and Finance. (Budget on file in the City Clerks Office)


#348 – APPROPRIATION TO REDUCE THE GROSS AMOUNT TO BE RAISED FOR FY2012 BUDGET

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

        The following request from the Mayor, was referred to the Committee on Administration and Finance.

        ORDERED: That the sum of Three Hundred and Sixty Thousand Dollars ($360,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” to reduce the gross amount to be raised through water rates to fund the Fiscal Year 2012 Water Enterprise budget, in accordance with the recommendation of Her Honor the Mayor.


#349 – APPROPRIATION TO REDUCE THE GROSS AMOUNT TO BE RAISED FOR FY2012 BUDGET

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

        The following request from the Mayor, was referred to the Committee on Administration and Finance.

        ORDERED: That the sum of One Hundred and Forty Eight Thousand Dollars ($148,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” to reduce the gross amount to be raised through water rates to fund the Fiscal Year 2012 Sewer Enterprise budget, in accordance with the recommendation of Her Honor the Mayor.


#350 – YEAR TO DATE FINACIAL REPORT

        Councillor McCarthy introduced the following Order, which was adopted.

ORDERED: That the Year to Date Budget Financial Report dated April 30, 2011 be referred to Committee on Administration & Finance.


#351 – MONTHLY FINANCIAL REPORT

        Councillor McCarthy introduced the following Order, which was adopted.

ORDERED: That the Monthly Financial Report dated April 30, 2011 be referred to Committee on Administration & Finance.


#352 – NEW PARKING STICKER PROGRAM

Councillor Sosnowski 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 a new parking sticker program


#353 – ISSUES REGARDING THE COMPREHENSIVE PARKING PLAN

        Councillor McCarthy introduced the following Order, which was adopted.

ORDERED: That Mr. James Hacker the Director of Parking and the Parking Board meet to address the issues that have arose as a result of the new Comprehensive Parking Plan. And further that they take up the issues identified in the “Parking Lot” specify but not limited to snow emergencies, Haunted Happenings, Tour Bus Parking and Resident Sticker Parking and that they report back to the Committee of the Whole in the month of September 2ith their recommendations.


#354 - GRANTING LICENSES

Councillor Lovely 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           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,


#355 – APPROPRIATION TO PUBLIC SERVICES – SEWER FUEL

Councillor McCarthy offered the following report for the Committee on Administration.  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 of $55,000.00 from “Retained Earnings – Sewer” to “Public Services – Sewer Fuel”, has considered said matter and would recommend approval.


#356 - APPROPRIATION TO PUBLIC SERVICES – WATER FUEL

Councillor McCarthy offered the following report for the Committee on Administration.  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 of $55,000.00 from “Retained Earnings – Water” to “Public Services – Water Fuel”, has considered said matter and would recommend approval.


#357 – APPROPRIATION TO RETIREMENT STABILIZATION VACATION/SICK LEAVE BUYBACK FOR JAMES DURKIN

Councillor McCarthy offered the following report for the Committee on Administration.  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 of $19,584.00 from to Retirement Stabilization Vacation/Sick Leave Buyback to be expended for the retirement of James Durkin an employee from the Electrical Department, has considered said matter and would recommend approval.


#358 - APPROPRIATION TO HARBORMASTER ELECTRICITY

Councillor McCarthy offered the following report for the Committee on Administration.  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 of $500.00 to Harbormaster - Electricity, has considered said matter and would recommend approval.


#359 -  CAPITAL IMPROVEMENT PLAN 2011-2015

Councillor McCarthy offered the following report for the Committee on Administration co-posted with Committee of the Whole.  It was voted to accept the report and adopt the recommendation.

The Committee on Administration and Finance co-posted with Committee of the Whole to whom was referred the matter of the 2011-2015 Capital Improvement Plan, has considered said matter and would recommend that the capital improvement plan remain in Committee and approve $800,000.00 Bond Order and that the Mayor submit the Bond Order for the next Council meeting.


#360 – PROPOSED GAS STATION AT 111 NORTH STREET

Councillor Pinto offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.

The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of the proposed gas station at 111 North Street (Tricket Realty), has considered said matter and would recommend that the meeting be continued on June 13, 2011 at 6:30 P.M.


        Councillor O’Keefe assumed the Chair.








#361 – JOINT MEETING WITH THE SCHOOL COMMITTEE REGARDING UPCOMING SCHOOL PROJECTS

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 upcoming school projects for Saltonstall Elementary and Collins Middle School, has considered said matter and would recommend that the matter remain in Committee.  

Councillor Ryan resumed the Chair.


#362 – PETITION FROM COMCAST TO REPAIR UNDERGROUND VAULT ON SUMMER ST.

        A hearing was ordered for June 9, 2011 on the petition from Comcast to repair an underground vault on Summer Street.


#363 – INVITATION TO FIREFIGHTER MEMORIAL SUNDAY

        The invitation from the Salem Firemen’s Relief Association to attend FireFighter Memorial Sunday on June 12, 2011 at 9:00 A.M. in the Harmony Grove Cemetery in Salem, was received  and placed on file.


#364 – #365 LICENSE APPLICATIONS

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


PUBLIC GUIDES           Urias O’Keefe, 81 Marion St., Lynn
                                Dominic Lavorante, 171 Loring Ave., Salem
                                        
TAG DAYS                        S.H.S. Football Cheerleading Boosters, 7/10/11, 7/23/11 & 8/7/11






#366 - #368 LICENSE APPLICATIONS

The following License applications were granted.


TAXI OPERATORS          Jean Joseph, 117 Lafayette St. #215, Salem
                                William Lafontant, 16  Hathorne St., Salem
                                Barry C. Neely, Jr., 15 Lynde St. C-4, Salem
                                Anibal Nieves, 9 High St., Salem
                                
VEHICLE FOR HIRE        Salem Trolley, 8 Central St., Salem     (6 Trolleys)

VEHCILE FOR HIRE        Joel Caron, 4 Andover St., Salem
OPERATORS ONLY  Tammy Harrington, 21 Chase St., Beverly
                                David Butler, 16 Hunt St., Danvers
                                Ronald Olson, 154 Lafayette St., Marblehead
                                Joel Cassidy, 35 March St., Salem
                                Anthony Meneades, 40 Allerton St., Lynn
        

#369 - #371 CLAIMS
                                                
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.

                                Gerald Wilkens, 9 Herbert St., Salem
                                Angela Morles, 14 Pierce Rd., Watertown
                                Catharine Jordan, 14 Madison St., Lynn
                                

(#318) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING REPEAL BUFFUM STREET

        The matter of second and final passage of an Ordinance amending Traffic, repeal Handicap Parking, Japonica Avenue, was then taken up. The Ordinance was adopted for second and final passage.


        On the motion of Councillor Lovely the meeting adjourned at 8:10 P.M.


ATTEST:                                         CHERYL A. LAPOINTE
                                                        CITY CLERK