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MINUTES- 01-12-2012
“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, January 12, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 5, 2012 at 5:03 P.M.  This meeting is being taped and is live on S.A.T.V.   

        
       All Councillors were present

       Council President Lovely presided.


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


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

President Lovely requested a moment of silence for Charles Reardon who passed away.


PUBLIC TESTIMONY

NONE


#7 – CONDUIT LOCATION ON TECHNOLOGY WAY

        A hearing was held on the Order of National Grid for a conduit on Technology Way. Appearing in favor was Tim Doggin from KAK Realty Thermal Circuits. There was no one opposed. The hearing was closed. Councillor Siegel moved that the permit be granted. It was so voted.


#8 – APPOINTMENT OF LORETTA CAROLL TO COUNCIL ON AGING BOARD

        The Mayor’s appointment of Loretta Carroll to serve as a member of the Council on Aging Board with a term to expire February 1, 2014, was held until the next meeting of January 26, 2012 under the rules.





#9 – APPOINTMENT OF GEORGE McCABE TO THE PLANNING BOARD

The Mayor’s appointment of George McCabe to serve as a member of the Planning Board with a term to expire June 1, 2015, was held until the next meeting of January 26, 2012 under the rules.



#10 - APPOINTMENT OF CONSTABLES

The Mayor’s appointment and reappointment of the following to serve as Constables, was received and placed on file.

Richard Hardy, 11 Forest St. #1, Winthrop               Term to expire:  December 13, 2014
Paul Campagna, 180 North St., Salem                     Term to expire:  December 20, 2013



#11 – APPROPRIATION TO FIRE – EQUIPMENT REPAIR

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

        ORDEREDThat the sum of Twenty Thousand Six Hundred and Twenty-Six Dollars ($20,626.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Fire – Equipment Repair” account in accordance with the recommendation of Her Honor the Mayor.


#12 – APPROPRIATION TO INSPECTIONAL SERVICES CLEAN IT/LIEN IT

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

        ORDEREDThat the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Inspectional Services Clean It/Lien It” account in accordance with the recommendation of Her Honor the Mayor.






#13 – APPROPRIATION FROM CAPITAL OUTLAY – RENOVATION & REPAIR FOR ELECTRICAL REPAIRS TO MUSEUM PLACE PARKING GARAGE

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

        ORDEREDThat the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Capital Outlay – Renovation & Repair” account to be expended for the repair of Museum Place Parking Garage electrical system for the Parking Department in accordance with the recommendation of Her Honor the Mayor.


#14 – TRANSFER TO ENGINEERING – SEWER SYSTEM IMPROVEMENT PROGRAM

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

        ORDEREDThat the sum of Two Hundred Thousand Dollars ($200,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “Engineering – Sewer System Improvement Program” account in accordance with the recommendation of Her Honor the Mayor.


#15 – DONATION FROM DUNKIN DONUTS FOR POLICE DEPT. DONATION FUND

The following Order recommended by the Mayor, was adopted.

ORDERED: To accept the donation from Dunkin Donuts (Anthie’s Inc.) 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.


#16 – LEASE AGREEMENT WITH THE HOUSE OF SEVEN GABLES SETTLEMENT

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

        The following Order recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.

        ORDERED: That the Mayor and Superintended of Schools, on behalf of the Salem PREP Program, are hereby authorized to enter into an agreement with the House of Seven Gables Settlement Association for the lease of classroom space for a term commencing January 2, 2012 and ending December 31, 2014, with an option to renew the lease agreement for two additional years, in one year increments. (Lease agreement on file and can be viewed in the City Clerks Office)


#17 – YEAR TO DATE BUDGET REPORT

        Councillor McCarthy introduced the following Order, which was adopted.

        ORDERED:  That the Year to date budget report dated December 31, 2011, be referred to the Committee on Administration and Finance. (Report is on file and can be viewed in the City Clerks Office)


#18 – MONTHLY FINANCIAL REPORT

Councillor McCarthy introduced the following Order, which was adopted.


ORDERED: That the Monthly Financial Report dated November 30, 2011, be referred to the Committee on Administration and Finance. (Report is on file and can be viewed in the City Clerks Office)


#19 – TAG DAY APPLICATION

Councillor Sosnowski introduced the following Order, which was adopted.

ORDERED: That the Tag Day application from Salem High School Winter Track for January 14 & 29, 2012 be granted.



#20 – ORDINANCE TRAFFIC TOW ZONE FEDERAL STREET

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

In the year two thousand and twelve

An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74 “General Prohibition Towing Zones”


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

Section 1. Federal Street, in front of #56, as marked by signs for a distance of one hundred (100) feet, Marked Police Vehicle Parking Only, Tow Zone, Monday to Friday, 7:00 A.M. to 5:00 P.M. “General Prohibition Tow Zone”.

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




#21 – ORDINANCE TRAFFIC HANDICAP PARKING FAIRVIEW ROAD

Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.

In the year two thousand and twelve

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

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

Section 1. Fairview Road, in front of #27, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.

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



#22 – CHANGING JOB TITLE OF HEALTH AGENT

        Councillor Furey introduced the following Order, which was adopted.

        ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss changing the job title of the Health Agent to Health Director. Invited Health Agent (Inspector), City Solicitor, Chairperson of the Board of Health, Members of the Board of Health, representative of the Mayor’s office.






#23 – REDUCTION OF MEMBERS OF THE BOARD OF HEALTH

        Councillor Furey introduced the following Order, which was adopted.

        ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the possibility of reduction of members to the Board of Health over a period of time from seven to five members. Invited Health Agent (Inspector), City Solicitor, Members of the Board of Health, representative of the Mayor’s office, past Health Inspectors Joanne Scott and Robert Blenkhorn.



#24 – (#678 & #751 -#757 of 2011) GRANTING LICENSES

Councillor Sosnowski 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           Gordon Lothrop, 12 Fairfield St., Salem
                                Seth Kanner-Mascolo, 40 English St., Salem
                                Corey Chouinard, 67 Tremont St., Salem
                                Kimberly Bizjak, 190 Bridge St. #5101, Salem
                                Cheryl McDonald, 61 Pierce Ave., Dorchester
                                Julie Arrison, 18 Leavitt St. #3, Salem
                
SEAWORMS                        Analiano Silva, 25 Driscoll St., Peabody
                                Manuel N. Silva, 80 Northend St., Peabody
                                Manuel P. Silva, 52 Paleologos St., Peabody

TAG DAYS                        S.H.S. Gymnastics, January 12, 2012, Feb. 5, 2012, & Feb. 19, 2012
                                S.H.S. Drama Club, January 21, 2012                             
S.H.S. Percussion, February 25, 2012
                                S.H.S. Field Hockey September 22, 2012
                                S.H.S. Field Hockey October 6, 2012     





#25 – (#534 of 2011) ORDINANCE AMENDING STORMWATER MANAGEMENT

Councillor Sosnowski 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 relative to Stormwater Management, has considered said matter and would recommend that the amended Ordinance as submitted by the City Solicitor be adopted for first passage. (the ordinance is on file and can be viewed in the City Clerks Office.)




#26 – (#622 & #71 of 2011) RULES AND REGULATIONS FOR ROOMING HOUSES

Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. 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 regarding rules and regulations for rooming houses, has considered said matter and would recommend that the matter remain in Committee and that a subcommittee be formed to review the matter.

Appointed to the subcommittee for Rules & Regulations for Boarding, Lodging, Rooming and Sober Houses was Councillor O’Keefe, Siegel and Lovely, Health Agent, Fire Chief and Building Inspector, Solicitor, Police Chief and Licensing Board.



#27 – CONDUIT ON FEDERAL STREET

A hearing was ordered for January 26, 2012 on the petition of Verizon for a 6 ft. conduit on Federal Street.



#28 - CONDUIT ON FEDERAL STREET

A hearing was ordered for January 26, 2012 on the petition of Verizon for a 6 ft. conduit on Federal Street.



#29 – POLE LOCATION ON WASHINGTON STREET

A hearing was ordered for January 26, 2012 on the petition of Verizon for a 6 ft. conduit on Federal Street.


#30 – #41 LICENSE APPLICATIONS


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



PAWNBROKER              Salem Loan & Jewelry, 133 Washington St.. Salem

PUBLIC GUIDES           Gitta Amsler, 286 Ocean Ave., Marblehead
                                Heide Hasselmann, P.O Box 1142, Duxbury, MA
                                James McAllister, 86 Federal St., Salem
                                William Sano, 35 Daniels St., Salem
                                Allen Winecour, 161 Garland St., Everett, MA

SEAWORMS                        Arthur Barreira, 49 Webster St., Peabody

SECOND HAND
CLOTHING                        Witch City Consignment Thrift LLC, 301 Essex St., Salem

SECOND HAND             Salem Loan & Jewelry, 133 Washington St.. Salem
VALUABLE                        Witch City Consignment Thrift LLC, 301 Essex St., Salem
                                Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
                                Forgotten Treasures, 107 Bridge St., Salem      


TAG DAYS                        S.H.S. Girls Basketball Boosters, Jan. 28, 2012 & Feb. 11, 2012
                                S.H.S. Gymnastics, February 4, 2012
                                S.H.S. Girls Lacrosse Boosters, March 31, 2012 & April 28, 2012
                                S.H.S. Softball, April 14, 2012 & May 19, 2012
                                S.H.S. Girls Volleyball, Sept. 8, 2012
                                S.H.S. Girls Volleyball, Oct. 27, 2012
S.H.S. Boys Basketball, Dec. 8th & 15th, 2012



#42 – LICENSE APPLICATIONS
        
The following license applications were granted.

TAXI OPERATORS          Steven Talbot, 30 Livingstone Ave., Beverly
                                Jose Lopez, 16 Mason St., Salem
                                William Pasquina, 211 River Rd., W. Newbury
                                Michael Orlando, 11A May St., Salem
                                Michael Kennedy, 42 County St., Peabody
                                Jean Joseph, 117 Lafayette St. #215, Salem
                                John Doyle, 5 Blaine Ave., Beverly
                                Barry Neely, Jr., 15 Lynde St. C-4, Salem
                                Robert Mudri, 2 Lowe St. #2, Peabody
                                Rafael Moya, 5A Ropes St., Salem
                                Brad Dunbar, 75 Central St. #205, Peabody
                                Michael Paciulli, 50 Jenness St., Lynn
                                Donald MacPherson, 13 Bresnahan St., Peabody
                                Howard Bent, 45 Franklin St., Salem
                                Julio Jimenez, 16C Eastman Park, Peabody
                                Richard Lohnes, 153R Washington St. #3, Peabody
                                Kittan Joyce, 14 Foster St., Peabody
                                James Gordon, 13 Conant St., Salem
                                Ramon I. Espinal, 12 Mt. Vernon St., Salem
                                Alan Marchesini, 28 Myrtle St., Lynn
                                Hipolito Ozoria, 33 Park St., Salem
                                Cristhian Tejada Nunez, 10 Wallis St., Peabody
                                Wayne Swiggard, 32 Thornton Ave., Lowell
                                Paul Moore, 14 Foster St., Peabody
                                Daniel Sirios, 15 Becket St., Salem
                                John Kozlowski, 7 Liberty Hill Ave., Salem
Louie Anasouli, 215 Rantoul St., Beverly


#43 - #44 LICENSE APPLICATIONS DENIED

The following license applications were denied.

PUBLIC GUIDE                    Paul Gordon, 56 River St., Beverly      

TAXI OPERATOR                   Rafael Lugo Espaillat, 58 Perkins St., Salem


#45 – (#44) HEARING REQUEST

The hearing request from Rafael Lugo Espaillat on the denial of his taxi operator license was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an executive session.


#46 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS

The following Drainlayer / Contract Operator license applications were granted.


                Joseph P. Cardillo & Son Inc., 1 Melvin St., Wakefield
                DiBiasi Corp., 749 Lowell St., Lynnfield
                Geologic – Earth Exploration Inc., 7 Sherwood Dr., Norfolk
                K & B Excavating, 105 Mason St., Salem
                McLaughlin Construction Co. of Peabody Inc., 72R Central St., Peabody
                Meninno Construction Co., Inc., 76 Oakville St., Lynn
                Mirra Co. Inc., 6 Norino Way, Georgetown
                Pumel Enterprises, Inc., P.O. Box 2123, Danvers
                Raffaele Construction Corp., 21 Elm Pl., Swampscott
                Roto-Rooter Services, 175 Maple St., Stoughton



#47 - #48 CLAIMS

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

                James Nigro, 50 Cavendish Cir., Salem
                Jeffrey Ruscio, 156 Bridge St., Salem



#49 - #52 BONDS

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

CONSTABLE                       Richard C. Hardy, 11 Forrest St. #1, Winthrop
                                        Paul Campagna, 180 North St., Salem

BONDS CONTINUED

DRAINLAYER                      K & B Excavating, 105 Mason St., Salem
                                        Roto-Rooter Services, 175 Maple St., Stoughton






On the motion of Councillor Prevey the meeting adjourned at 7:30 P.M.







ATTEST:                                                 CHERYL A. LAPOINTE
                                                                CITY CLERK