“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 30A ss. 18-25, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council held in the Council Chamber on Thursday,
March 28, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 22, 2013 at 10:40 A.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President Ryan presided.
Councillor O’Keefe 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.
PUBLIC TESTIMONY
- Joan Zapkar – 6 Phelps St. – Bond Order for Senior Center
- Philip Blaskovich – Chemist – 8 Admirals Lane – Bond Order Senior Center
- Teasie Riley-Goggin – 9 Wisteria St. – Bond Order Senior Center
- Kay Walsh – 5 West Terrace - Bond Order Senior Center
- Sean O’Brien – 10 Mooney Road – Bond Order Senior Center
- Doug Sabin – 34 Northey Street – Bond Order Senior Center
- Dan Fulton – 182 Federal Street – Bond Order Senior Center
#197 – COMCAST TO INSTALL CONDUIT ON NORMAN STREET
On the matter of an Order from Comcast to install an conduit on Norman Street. Appearing in favor was Tim Broderick representative of Comcast stated this is needed to provide service to residents on Norman Street. No one was recorded as opposed. The hearing was closed and the Order was granted.
#198 – REAPPOINTMENT OF DEBORAH JACKSON AS DIRECTOR OF ASSESSING
The Mayor’s reappointment of Deborah Jackson as the City of Salem’s Director of Assessing for a term to expire on January 31, 2015, was confirmed by unanimous roll call voted of 11 yeas, 0 nays, 0 absent.
#199 – CONSTABLE
The Mayor’s reappointment of Brian Davis to serve as a Constable with a term to expire on February 23, 2016, was received and placed on file.
#200 – APPROPRIATION FOR TEARCHERS CONTRACTUAL INCREASES
The following Order recommended by the Mayor, was held under the rules and referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of Three Hundred and Eighty Thousand Dollars ($380,000.00) is hereby appropriated from the “Stabilization Fund 8301” to the account listed below to cover FY2013 Teachers contractual increases in accordance with the recommendation of Her Honor the Mayor.
Stabilization School Collect. Bargaining Reserve $380,000.00
#201 – APPROPRIATION FOR POLICE PATROLMEN FOR CONTRACTUAL INCREASES
The following Order recommended by the Mayor, was held under the rules and referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of One Hundred and Forty-Three Thousand and Three Dollars ($143,003.00) from “Fund Balance – Free Cash” account to various Police Patrolmen accounts to cover FY2013 contractual increases in accordance with the recommendation of Her Honor the Mayor.
#202 – APPROPRIATION FOR AFSCME 1818 CONTRACTUAL INCREASES
The following Order recommended by the Mayor, was held under the rules and referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of One Hundred and Thirty-Seven Thousand Six Hundred and Five Dollars ($137,605.00) is hereby appropriated from the “Fund Balance – Free Cash” account to various departmental accounts to cover FY2013 AFSCME 1818 contractual increases in accordance with the recommendation of Her Honor the Mayor.
#203 – APPROPRIATION FOR FIRE DEPT. CONTRACTUAL INCREASES
The following Order recommended by the Mayor, was held under the rules and referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of One Hundred Thirty-Six Thousand, Five Hundred and Twenty-Five Dollars ($136,525.00) is hereby appropriated from “Fund Balance – Free Cash” account to various Fire Department accounts to cover FY2013 for contractual increases in accordance with the recommendation of Her Honor the Mayor.
#204 – APPROPRIATION FOR POLICE DEPT. CONTRACTUAL INCREASES
The following Order recommended by the Mayor, was held under the rules and referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of Eighty-Two Thousand, Eight Hundred and Sixty-Seven Dollars ($82,867.00) is hereby appropriated from the “Fund Balance – Free Cash” account to various Police Department accounts to cover FY2013 contractual increases in accordance with the recommendation of Her Honor the Mayor.
#205 – TRANSFER TO VARIOUS SCHOOL ACCOUNTS FOR TEACHERS CONTRACTUAL INCREASES
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of Six Hundred and Ninety-Three Thousand and Seventy-Three Dollars ($693,073.00) is hereby transferred from various School accounts to cover FY2013 Teachers contractual increases in accordance with the recommendation of Her Honor the Mayor.
#206 – TRANSFER FOR FIRE DEPT. CONTRACTUAL INCREASES
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of Fifty-Six Thousand, Six Hundred and Thirty-Eight Dollars ($56,638.00) is herby transferred from the “General Fund CIP 2012 Interest” account to cover FY2013 Fire contractual increases in accordance with the recommendation of Her Honor the Mayor.
#207 - TRANSFER TO PUBLIC SERVICES WATER ACCOUNTS FOR CONTRACTUAL INCREASES
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of Ten Thousand Two Hundred and Fifty-Two Dollars ($10,252.00) from “Water CIP 2009 Principal” account to the following accounts listed below to cover FY2013 Water AFSCME 1818 contractual increases in accordance with the recommendation of Her Honor the Mayor.
Public Services Water 6,195.00
Public Services Water – OT 319.00
Engineering Water 3,649.00
Engineering Water – OT 89.00
10,252.00
#208 – TRANSFER TO PUBLIC SERVICES SEWER ACCOUNTS FOR CONTRACTUAL INCREASES
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of Ten Thousand Two Hundred and Fifty-Two Dollars ($10,252.00) from “Sewer CIP 2009 Principal” account to the following accounts listed below to cover FY2013 Sewer AFSCME 1818 contractual increases in accordance with the recommendation of Her Honor the Mayor.
Public Services Sewer 6,195.00
Public Services Sewer – OT 319.00
Engineering Sewer 3,649.00
Engineering Sewer – OT 89.00
10,252.00
#209 – APPROPRIATION TO INSPECTIONAL SERVICES – EMERGENCY DEMO/REPAIR
The following Order recommended by the Mayor, was held under the rules and referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of Eight Thousand Nine Hundred and Twenty-Four Dollars and Fifty Cents ($8,924.50) is hereby appropriated from the “Fund Balance – Free Cash” account to “Inspectional Services – Emergency Demo/Rep” account in accordance with the recommendation of Her Honor the Mayor.
#210 – BOND ORDER FOR CANAL STREET UTILITY PROGRAM PROJECTS
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
BOND ORDER
ORDERED: That the sum of $5,900,000.00 be and hereby is appropriated to pay costs of swere enterprise – engineering projects set forth below, and for the payment of all other costs incidental and related thereto, and that to meet this appropriation , the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Sections 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue and sell bonds or notes of the City therefore.
PURPOSES AMOUNT
Canal Street Utility Program – Drainage 4,200,000.00
Canal Street Utility Program – Sewer 400,000.00
Canal Street Utility Program – Water 400,000.00
Canal Street Utility Program – South River Conduit 900,000.00
FURTHER ORDERED, that the Mayor and the Treasurer are each authorized to file an application to qualify under Chapter 44A of the Massachusetts General Laws any and all bonds of the City issued under and pursuant hereto, and to provide such information and execute such documents as may be required in connection therewith.
#211 – RESOLUTION STATEMENT OF INTEREST FORM TO THE MSBA FOR FUNDING FOR RENOVATION PROJECTS FOR SALEM HIGH SCHOOL
The following Resolution recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
RESOLUTION
Be it hereby Resolved by the Salem City council, as follows:
Having convened in an open meeting on March 28, 2013, the Salem City Council, in accordance with its charter and ordinances, hereby votes to authorize the Superintendent to submit to the Massachusetts School Building Authority a Statement of Interest Form, dated March 25, 2013, for Salem High School, located at 77 Willson Road which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future,
The following priorities have been included in the Statement of Interest:
- Replacement or renovation of a building which is structurally unsound or otherwise in a condition seriously jeopardizing the health and safety of School children, where no alternative exists;
- Replacement, renovation or modernization of School facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility.
7. Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements;
As more particularly described in the attached MSBA Statement of Interest Form, which is attached hereto, as Exhibit A.
And hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City of Salem to filing an application for funding with the Massachusetts School Building Authority.
#212 – AUTHORIZE MAYOR TO ENTER INTO AN INTER-MUNICIPAL AGREEMENT FOR PUBLIC HEALTH SERVICES
The following Order recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative.
ORDERED: The Mayor, on behalf of the City of Salem, is hereby authorized to enter into an Inter-Municipal Agreement with the communities of Beverly, Danvers, Lynn, Marblehead, Nahant, Peabody and Swampscott all members of the Northshore Shared Public Health Services Program, for the purpose of developing regional public health initiatives, cost sharing for public health services that are not otherwise provided in the communities, and enhancing grant opportunities for funding of region wide public health improvement programs.
#213 – MEET TO DISCUSS APPOINTMENTS AND REAPPOINTMENTS UPON EXPIRATION OF TERM
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole meet to discuss legislation requiring the appointment or reappointment of board and commission members upon expiration of their term. Invite the Mayor or her representative and the City Solicitor.
#214 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated February 28, 2013 be referred to the Committee on Administration and Finance.
#215 – LICENSE AGREEMENT WITH FIRST UNIVERSALIST SOCIETY
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Salem City Council hereby requests that the Mayor, on behalf of the City of Salem, enter into a license agreement with First Universalist Society, 211 Bridge St., Salem, for the use of a portion of land at the intersection of North Walkway and Ash St. on March 31, 2013.
#216 – HOUSE BILL NO. 1157 CREATING SMOKE FREE ELDERLY HOUSING UNITS IN THE COMMONWEALTH
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole meet to discuss House Bill No. 1157, an Act creating smoke free elderly housing units in the Commonwealth by Mr. Speliotis of Danvers, Stephen L. DiNatale and Alice Hanlon Peisch, for legislation to establish a policy on smoke free housing in the Commonwealth. Invited Mayor or her representative, Health Agent and City Solicitor.
#217 – (#183 – #186) 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 licenses be granted
SEAWORM Tomohiro Shiraishi, 58 Everett St., East Boston
SECOND HAND Acquisitions Exchange, 10 Colonial Rd, Salem
CLOTHING
SECOND HAND Acquisitions Exchange, 10 Colonial Rd, Salem
VALUABLE
TAG DAYS S.H.S. Boys Tennis, 4/21/13 & 4/27/13
#218 – (#119 -#120) TAXI OPERATOR LICENSE DENIALS
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 denial of a taxi operator license for LouAnn Souza, has considered said matter and would recommend that the license be granted.
Councillor O’Keefe assumed the Chair.
#219 – (#653 & #151A) ORDINANCE RELATIVE TO COMMUNITY PRESERVATION ACT
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 an Ordinance relative to the Community Preservation Committee, has considered said matter and would recommend that the City Solicitor make the changes to the Ordinance and that the Ordinance be adopted for first passage.
#220 – (#139) FIVE YEAR CONTRACT WITH CONVANTA ASSOC. FOR ACCEPTANCE & DISPOSAL OF SOLID WASTE
Councillor Ryan offered the following report for the Committee of the Whole.
The Committee of the Whole to whom was referred the matter of a five year contract with Convanta Assoc. for acceptance and disposal of solid waste has considered said matter and would recommend that the matter be referred to the full council with a favorable recommendation and that after the five (5) year contract is up that any one (1) year extensions be approved by City Council.
#221 – (#138) CONTRACT WITH NEWARK GROUP OF ACCEPTANCE AND PROCESSING OF RECYCLABLES
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 a contract with Newark Group for acceptance and processing of recyclables has considered said matter and would recommend that the matter be referred to the full council with a favorable recommendation
#222 – (#137) FIVE YEAR CONTRACT WITH NORTHSIDE CARTING FOR SOLID WASTE & RECYCLING
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 a five year contract for solid waste and recycling with Northside Carting has considered said matter and would recommend that the matter be referred to the full council with a favorable recommendation and that after the five (5) year contract is up that any one (1) year extensions be approved by City Council.
#223 – (#223A - #136) MANDATORY RECYCLING ORDINANCE
Councillor Ryan offered the following report for the Committee of the Whole. It was voted to accept the report..
Councillor Turiel moved to table the matter until the next meeting in April. It was so voted.
The Committee of the Whole to whom was referred the matter of an Ordinance amendment relative to Solid Waste – Mandatory Recycling has considered said matter and would recommend that the ordinance be adopted for first passage
#224 – (#62) SALEM TIMEBANK PRESENTATION
Councillor Ryan offered the following report for the Committee of the Whole. It was voted to accept the report.
The Committee of the Whole to whom was referred the matter of the Salem Timebank Presentation has considered said matter and would recommend that the matter be discharged from Committee.
#225 – (#63) LIBERTY PRESERVATION ACT RESOLUTION
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 Liberty Preservation Act Resolution has considered said matter and would recommend it be sent to the Solicitor for review and report back to the Committee.
#226 – (#154) COMPOSITION AND REGIONALIZATION OF THE BOARD OF HEALTH
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 Composition and Regionalization of the Board of Health has considered said matter and would recommend that the Mayor be asked to appoint additional members necessary so the Board of Health will have a total number of seven.
Councillor Ryan resumed the Chair.
#227 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs
SECOND HAND VALUABLES AAA Old Naumkeg Antiques, 1 Hawthorne Blvd.
Galaxy Art & Antique Auction, 6 Central St.
Game Stop, 440 Highland Ave.
#228 - #229 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Daniel Minkle, 54 Derby St., Salem
Roger Watras, 9 Mill St. #203, Beverly
TAXI OPERATORS Jose Munez, 46 Peabody St., Salem
Alberto Guerrero, 37 Ward St., Salem
Eladior Pena, 414 Essex St., Salem
Ryan DiPietro, 63 The Greenway, Swampscott
Tom McNiff, 5 March St., Salem
Michael Holloran, 36 Japonica St., Salem
Pedro Pacheco, 72 Palmer St., Salem
Carlos Cabreia, 79 Summer St., Salem
#230 – TAXI OPERATORS
The following license applications were denied.
TAXI OPERATORS Eddy Mendez, 30 Pleasant St., Salem
Howard Taylor, 203 Washington St., Gloucester
#231 – REQUEST FOR HEARING
A request from Eddy Mendez on the denial of his Taxi Operator License was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an executive session.
#232 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator Licenses were granted.
Diaz Construction, 190 Bodwell St., Avon
Rotor Rooter 175 Maple St., Stoughton
#233 - #237 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
AB Carnes, Inc., 30 Arrowhead Farm Rd., Boxford
Peter Ingemi, 4 Ancient Rubbly Way, Beverly
Joshua Larham, 5 West Ave., Salem
Rachel N. Lutts, 92 Orne St., Salem
Fiona Williams, 24 Hathorne St., Salem
#238 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER: Diaz Construction, 190 Bodwell St., Avon
(#82) SECOND PASSAGE BOND ORDER IN THE AMOUNT OF $4,994,136.00 FOR A NEW SENIOR CENTER
The matter of second and final passage of a Bond Order in the amount of $4,994,136.00 for a New Senior Center, was then taken up. The Bond Order was adopted for second and final passage by a roll call vote of 8 yeas, 3 nays, 0 absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
On the motion of Councillor O’Keefe the meeting adjourned at 9:20 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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