“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, March 8, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 1, 2012 at 5:23 P.M. This meeting is being taped and is live on S.A.T.V.
Councillor Prevey was recorded as absent.
Council President Lovely presided.
Councillor Sosnowski 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.
PUBLIC TESTIMONY
NONE
#135 - APPOINTMENT OF JOHN B. HOSKINS TO THE CONSERVATION COMMISSION
The Mayor’s appointment of John B. Hoskins to serve on the Conservation Commission with a term to expire January 1, 2015, was held until the next meeting of March 22, 2012
#136 – CONSTABLE
The Mayor’s reappointment of Paul Minsky to serve as a Constable with a term to expire February 6, 2015, was received and placed on file.
#137 – CONSTABLE
The Mayor’s reappointment of George Hoxha to serve as a Constable with a term to expire June 5, 2014, was received and placed on file.
#138 – TRANSFER TO POLICE TRAINING & EDUCATION AND POLICE COMMUNITY EVENTS
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Thirty-Eight Thousand, Eight Hundred Dollars ($38,800.00) is hereby transferred as listed below in accordance with the recommendation of Her Honor the Mayor.
Police Shift Differential Training & Education 26,000.00
Police Shift Differential Community Events 12,800.00
Total 38,800.00
#139 – APPROPRIATION TO BE EXPENDED FOR THE RETIREMENT OF CHARLES HOLLORAN
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Thirty-Seven Thousand Two Hundred And Eleven Dollars and Seventy-Eight Cents ($37,211.78) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for the employee below in accordance with the recommendation of Her Honor the Mayor.
Charles Holloran Fire Department $37,211.78
#140 – APPROPRIATION TO INSPECTIONAL SERVICES – FEES – DEP ADMIN. ACCOUNT
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated
From the “Fund Balance – Free Cash” account to “Inspectional Services-Fees-Dep. Admin.” Account in accordance with the recommendation of Her Honor the Mayor.
#141 – APPROPRIATION TO ASSESSOR – CONTRACTED SERVICES
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Twenty-Four Thousand Dollars ($24,000.00) is herby appropriated from the “Fund Balance – Free Cash” account to the “Assessors – Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.
#142 – APPROPRIATION TO BE REXPENDED FOR RETIREMENT OF JOHN JODOIN
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Nineteen Thousand, Four Hundred and Eighty Nine Dollars and Sixty-Tow cents ($19,489.62) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement of John Jodoin of the Police Department in accordance with the recommendation of Her Honor the Mayor.
#143 – TRANSFER TO ASSESSORS - CONTRACTED SERVICES
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Sixteen Thousand Dollars ($16,000.00) is hereby transferred as listed below in accordance with the recommendation of Her Honor the Mayor.
Dept. From To Amount
Assessor Full time Salaries Contracted Services $16,000.00
#144- RESOLUTION PARC PROGRAM FOR IMPROVEMENTS TO SPLAINE PARK
The following Resolution recommended by the Mayor, was adopted by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
RESOLUTION:
A RESOLUTION TO FILE AND ACCEPT GRANTS WITH AND FROM THE COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS FOR THE PARC PROGRAM FOR IMPROVEMENTS TO
SPLAINE PARK
Whereas: the Splaine Park is and far a community wide asset and the preservation and improvements to this facility are a City priority as evidenced in the most recent Open Space and Recreation Plan; and
Whereas: The Splaine Park redevelopment will greatly enhance the facility with improved infrastructure, path system, site lighting, universal access, etc; and
Whereas: This overall cost and fiscal budget constraints prevented the City from proceeding forward with implementation of the project; and
Whereas: The project was instead viewed as feasible only when fiscal resources were available, with the intention of securing grant funding, when and if available, to assist in this effort; and
Whereas: The Executive Office of Energy and Environmental Affairs (EOEEA) is offering reimbursable grants to cities and towns to support the preservation and restoration of urban parks through the PARC Program, Chapter 933 Acts of 1977, as amended; and
Whereas: The Splaine Park Project will cost a total of $637,797
NOW, THEREFORE, BE IT RESOLVED
- That the Mayor be and is hereby authorized to file and accept grants from the Executive Office of Energy and Environmental Affairs; and
- That the Mayor be and is hereby authorized to expend from available funds an amount equal to the total project cost to be reimbursed up to a maximum amount of $420,946 by the Executive Office of Environmental Affairs; and
- That the Mayor be and is hereby authorized to take such other actions as are necessary to carry out the terms, purposes, and conditions of this grant to be administered by the Department of Planning and Community Development; and
- That Splaine Park shall be dedicated to park purposes under M.G.L. chapter 45, section 14; and
- That this resolution shall take effect upon passage.
#145 – REVIEW NOISE ORDINANCE TO HELP QUALITY OF LIFE ISSUES
The following Order recommended by the Mayor, which was adopted by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
ORDERED: To authorized the Mayor to convey a perpetual historic preservation restriction encumbering the Salem Common Fence, located on the Salem Common at Washington Square, and having a property assessors parcel identification number of 35-0079, to the Commonwealth of Massachusetts, by and through the Massachusetts Historical Commission, on such terms and conditions, and for such consideration, as deemed appropriate, as a stipulation of a Massachusetts Preservation Projects Fund (MPPF) grant application to restore sections of the fence.
#146 – REVIEW THE NOISE ORDINANCE
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 and review the Noise Ordinance and make any changes needed to help control quality of life issues in various neighborhoods and that the following be invited: representative from the Police Department specifically the CIU, Health Agent and City Solicitor.
#147 – MONTHLY FINANCIAL REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated January 31, 2012, be referred to the Committee on Administration and Finance.
#148 – YEAR TO DATE BUDGET REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated February 29, 2012 be referred to the Committee on Administration and Finance.
#149 – RAISE THE IRISH FLAG
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the Director of Park, Recreation and Community Services raise the Irish Flag at Riley Plaza on March 15, 16, & 17th, 2012 in honor of St. Patrick’s Day.
#150 – ORDINANCE AMENDING TRAFFIC HANDICAP PARKING READ STREET
Councillor Siegel introduced the following Ordinance, which was adopted.
In the year two thousand and twelve
AN ORDINANCE to amend an Ordinance relative to Traffic, Chapter 42, Section 50B “Handicap Parking, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Read Street, in front of #10 for a distance of twenty (20) feet, “Handicap Parking, Tow zone” (6/1/98)
Section 2. This Ordinance shall take effect as provided by City Charter.
#151 – SECURITY CAMERAS FOR PLAYGROUNDS
Councillor Sosnowski 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 including the purchase of security cameras for each of the playgrounds that we have significant investments in and that the following be invited: Solicitor or her representative, City Planner or her representative, Doug Bollen or his representative, Park and Recreation Commission and the Police Chief or his representative.
#152 – TAG DAY
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Tag Day Application for the SHS Swim Team for March 10-11, 2012 be granted.
#153 – STATUS OF THE FERRY
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet to discuss the status of the Salem Ferry and that the following be invited Bill Walker, Kathy Winn of the Planning Department, Richard Viscay Finance Director, Elizabeth Rennard City Solicitor and Harbormaster.
#154 – POWERS & SULLIVAN REPORTS
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the committee on Administration and Finance co-posted with the Committee of the Whole meet to discuss the following reports from the independent auditors of Powers and Sullivan:
- Comprehensive Annual Financial Report dated June 30, 2011
- Report on Federal Awards Program dated June 30, 2011
- Management Letter dated June 30, 2011
#155 – (#750 of 2011, #126 – #129) 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.
JUNK DEALER Newark Recycled Fibers, 53 Jefferson Ave., Salem
Frederic Hutchinson, 15 Robinson Rd., Salem
PUBLIC GUIDE Kevin Wynott, 64 Veterans Memorial Dr.
Adam Page, 2 Barton St., Salem
Robert Haven, 67 Tremont St., Salem
Mark Legere, 19 Emerton St., Salem
Justin Bizjak, 190 Bridge St. #5101, Salem
Eric Fialho, 6 Gardner St., Salem
Tim Maguire, 28 High St., Salem
TAG DAYS S.H.S. Track Team Boy’s Spring, March 17, 2012 & April 21, 2012
Veterans of Foreign War Post 1524, May 25-27, 2012 & Nov 9-11, 2012
#156 – (#125, #87) DENIED TAXI OPERATOR LICENSE
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 a hearing on the denial of David Benson’s Taxi Operator license, has considered said matter and would recommend that the license be granted.
#157 – (#125, 87) DENIED TAXI OPERATOR LICENSE
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 a hearing on the denial of Darryl Fanning’s Taxi Operator license, has considered said matter and would recommend that the license be granted.
#158 – (#42, #85, #110) REVOCATION OF TAXI CAB & OPERATOR LICENSE
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 a hearing request by Jean Joseph on the revocation of his Taxi Cab License and Taxi Operator License, has considered said matter and would recommend that Officer Page’s decision to revoke his licenses be upheld.
#159 – (#118) APPROPRIATION TO REPAIR FIRE ALARM SYSTEM IN SOUTH HARBOR GARAGE
Councillor McCarthy offered the following report for the Committee on 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 $7,500.00 appropriation from “Capital Outlay – Revocation and Repair” account to be expended for the repair of South Harbor Garage Fire Alarm System, has considered said matter and would recommend approval.
#160 – HAWK WALK
The request from HAWC/B&S Event Management to hold a road race and use of city streets on May 6, 2012 at 12:00 P.M. was granted.
#161 - #162 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAYS S.H.S. Tennis Team, April 15, 2012, May 5, 2012
S.H.S. Boys Lacrosse, April 22, 2012, May 6, 2012 & May 13, 2012
#163 – LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATORS Felipito Guzman, 6 Grant St., Beverly
Thomas Alley, 4 Horton St. #1, Salem
Kirk Carson, 49 Hancock St. #2, Salem
Eddy Rodriguez, 434 Essex St., Salem
Gary Richard, 122 Bridge St., Beverly
Edward Churchill III, 98 Corning St., Beverly
Francis Lora, 38 Naumkeag St. #1, Salem
Ramon Rodriguez, 9 Prince St. Pl., Salem
#164 – TAXI OPERATOR LICENSE
The following license application was denied.
TAXI OPERATOR Michael Lockard, 59 Beaver St., Salem
#165 – DRAINLAYER / CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator License was granted.
W.L. French Excavating Corp., 3 Survey Circle, North Billerica
#166 - #168 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE George Hoxha, 52 Highland Ave., Salem
DRAINLAYER W.L. French Excavating Corp., 3 Survey Circle, North Billerica
SIGN Re-Find, 244 Essex St., Salem
On the motion of Councillor O’Keefe the meeting adjourned at 7:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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