“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,
September 12, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 5, 2013 at 6:29 P.M. This meeting is being taped and is live on S.A.T.V.
Absent were:
Council President Ryan presided.
Councillor moved to dispense with the reading of the record of the previous meeting.
VOTED
President Ryan requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
Public Testimony not to exceed 15 minutes
Name must be on roster 30 minutes prior to meeting
Agenda items only
HEARINGS
NONE
APPOINTMENTS AND REAPPOINTMENTS
Held from the last meeting, the Mayor’s appointment of Laura DeToma Swanson to serve as a member of the Cable Television and Technology Commission with a term to expire on December 31, 2013
Action Contemplated
Councillor McCarthy Moved Confirmation by RCV Yeas Nays Absent
Mayor’s appointment of Thomas Campbell serve as a member of the Conservation Commission with a term to expire on March 1, 2015
Councillor suspension of rules Councillor Object
Action Contemplated
Councillor Ryan Held under the Rules Voted
Or
Moved Confirmation by RCV Yeas Nays Absent
Mayor’s appointment of Jeffrey Cohen serve as an alternate member of the Renewable Energy Task Force with a term to expire on March 1, 2015
Councillor suspension of rules Councillor Object
Action Contemplated
Councillor Turiel Held under the Rules Voted
Or
Moved Confirmation by RCV Yeas Nays Absent
APPOINTMENTS AND REAPPOINTMENTS
Mayor’s reappt. of the following to serve on the Design Review Board with the following terms to expire:
Term to Expire:
Ernest DeMaio, 289 Essex St. #307, Salem March 1, 2015
Paul Durand, 209 Essex St., Salem March 1, 2016
David Jacquith, 81 Railroad Ave., Rowley March 1, 2015
Glenn Kennedy, 108 Leach St., Salem March 1, 2015
Helen Sides, 35 Broad St., Salem March 1, 2014
Action Contemplated
C. Moved Confirmation by RCV Yeas Nays Absent
Mayor’s reappt. of the following to serve on the Salem Housing Authority with the following terms to expire:
Term to Expire:
John Boris, 5 Bedford St. Salem March 1, 2017
Peter Strout, 29 Intervale Rd. Salem March 1, 2018
Action Contemplated
C. Moved Confirmation by RCV Yeas Nays Absent
Mayor’s reappt. of Susan Keenan to serve as a member of the Salem Historical Commission with a term to expire on March 1, 2016
Action Contemplated
C. Moved Confirmation by RCV Yeas Nays Absent
APPOINTMENTS AND REAPPOINTMENTS
Mayor’s reappt. of David Pabich to serve as a member of the Salem & Beverly Water Supply Board with a term to expire on March 1, 2016
Action Contemplated
C. Moved Confirmation by RCV Yeas Nays Absent
Mayor’s reappt. of Michael Panneton to serve as a Constable with the term to expire on August 20, 2016
Action Contemplated
Councillor Sosnowski Moved Recv’d & Filed Voted
COMMUNICATIONS FROM THE MAYOR
Appropriation of $95,000.00 from “Capital Outlay – Renovation & Repairs” account to be expended for the repair of the North Street Fire Station.
Councillor suspension of the rules Councillor Object
Action contemplated
Councillor Prevey Moved refer to Comm. on Administration & Finance
or Adoption Voted
Appropriation of $14,000.00 from “Capital Outlay – Renovation & Repairs” account to be expended for the purchase of IT equipment for the Police Department.
Councillor suspension of the rules Councillor Object
Action contemplated
Councillor Prevey Moved refer to Comm. on Administration & Finance
or Adoption Voted
Transfer of $8,519.04 from “Receipts Reserved – Witch House” to “Witch House – Seasonal” account
Action contemplated
Councillor Prevey Moved Adoption Voted
COMMUNICATIONS FROM THE MAYOR
ORDER: to accept donation totaling $25,310.00 to be deposited into the funds listed below:
From Fund Name Amount
Town of Saugus Police Summer Camp $2,000.00
Town of Danvers Police Summer Camp $1,000.00
Town of Swampscott Police Summer Camp $1,000.00
Loyal Order of Moose
Salem Lodge #218 K-9 Donation Fund $1,310.00
Eastern District Attorney’s Law Enforcement Trust $20,000.00
Office Fund
Action contemplated
Councillor Prevey Moved Adoption Voted
ORDER: to authorize the Mayor to execute an easement to Turner’s Seafood, 43 Church Street to construct and maintain a stairway to provide access to lower level for deliveries.
Councillor Sosnowski Moved Adoption by Roll Call Vote Voted
YEAS NAYS ABSENT
COMMUNICATIONS FROM THE MAYOR
RECEIVED AFTER THE DEADLINE OF TUESDAY NOON
Councillor Moved suspension of the rules Councillor Object
BOND ORDER for the repurposing of unexpended bond note of proceeds totaling $160,917.00 for the purpose of providing additional funds for the construction of a new turf field and track upgrade at Bertram Field.
Amount From Date approved
$56,038.00 School Dept. Building Repairs (Bentley floor) 06/18/2012
$$69,879.90 School Fire Alarm System (Collins/Bentley) 05/28/2008
$$35,000.00 School Water Heater (Collins) 05/28/2008
Action contemplated
Councillor Prevey Moved Adoption for first passage by Roll Call Vote Voted
YEAS NAYS ABSENT
Councillor Moved immediate reconsideration in the hopes it would not prevail.
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MAYOR’S INFORMATIONAL PAGE
NONE
MOTIONS, ORDERS, AND RESOLUTIONS
Councillor Sosnowski
ORDER: That the enclosed Tag Day Application for the Salem Youth Football Cheerleading for September 21, 2013 and September 22, 2013 be granted
Councillor Sosnowski Moved Granted Voted
Councillor McCarthy
ORDINANCE to amend Traffic Ch. 42, Sec. 13B, “Fire Lanes” is hereby amended by adding the following English Street, on the even numbered westerly side, beginning at the intersection of Allen Street and continuing for 25 feet in a southerly direction “No Parking Tow Zone, Fire Lane”
Councillor McCarthy Moved Adoption for first passage Voted
Councillor McCarthy
ORDINANCE to amend Traffic Ch. 42, Sec. 74, “General Prohibition Towing Zones” is hereby amended by adding the following Leavitt Street, northerly side starting at the intersection of Lafayette Street and continuing in an easterly direction for 82 feet, “No Parking, Tow Zone 12:00 AM – 8:00 AM.”
Councillor McCarthy Moved Adoption for first passage Voted
Councillor McCarthy
ORDINANCE to amend Traffic Ch. 42, Sec. 50B Handicap Parking, is herby amended by repealing the following Webb Street in front of #27 for a distance of 20 feet, “Handicap Parking Tow Zone” (5/22/2013)
Councillor McCarthy Moved Adoption for first passage Voted
MOTIONS, ORDERS, AND RESOLUTIONS
Councillor Prevey
ORDER: That the enclosed Year to Date Budget Report dated June 30, 2013 be referred to the Committee on Administration and Finance
Councillor Prevey Moved Adoption Voted
Councillor Prevey
ORDER: That the enclosed Monthly Financial Report dated June 30, 2013 be referred to the Committee on Administration and Finance
Councillor Prevey Moved Adoption Voted
Councillor Ryan
ORDINANCE to amend Traffic Ch. 42, Sec. 50B Handicap Parking, is herby amended by adding the following Boston Street in front of #116 for a distance of 20 feet, “Handicap Parking Tow Zone”
Councillor Ryan Moved Adoption for first passage Voted
Councillor Siegel
ORDINANCE to amend Traffic Ch. 42, Sec. 50B Handicap Parking, is herby amended by adding the following Summer Street in front of #79 for a distance of 20 feet, “Handicap Parking Tow Zone”
Councillor Siegel Moved Adoption for first passage Voted
MOTIONS, ORDERS, AND RESOLUTIONS
Councillor Turiel
ORDINANCE to amend Traffic Ch. 42, Sec.75 Parking Prohibitions Towing Zone (Resident Sticker) is herby amended by adding the following Eden Street, Zone, color orange, in it’s entirety, “Resident Sticker Parking, Tow Zone”
Councillor Turiel Moved Adoption for first passage Voted
Councillor Sosnowski
ORDER: That the Committee of the Whole meet to discuss the ongoing restoration of the Arch in the Salem Common.
Councillor Sosnowski Moved Adoption Voted
COMMUNICATIONS FROM CITY OFFICIALS
City Solicitor Elizabeth Rennard submitting an Order to authorize the Mayor to execute on behalf of the City of Salem a Utility Easement granting Mass. Electric Co. for underground electric distribution system at 10 Blaney Street, the Salem Ferry Landing.
Action contemplated
Councillor Prevey Moved Adoption by Roll Call Vote Voted
Yeas Nays Absent
City Solicitor Elizabeth Rennard submitting an Ordinance amending Chapter 1, Section 1-10 (c) Non-Criminal Fines to include penalties for Regulating the maintenance of abandoned and foreclosing residential and commercial properties.
Action contemplated
Councillor Sosnowski Moved Adoption for first passage Voted
Or
Refer to Committee on Ordinance, Licenses & Legal Affairs
City Solicitor Elizabeth Rennard submitting the following Order relative to fines collected for abandoned/foreclosed properties.
ORDER accept Mass. General Law Chapter 44, Section 53E to establish a revolving account for the registration fees and fines collected for abandoned/foreclosed properties to be utilized by the Director of Inspectional Services .
Action contemplated
Councillor Sosnowski Moved Adoption Voted
Or
Refer to Committee on Ordinance, Licenses & Legal Affairs
COMMUNICATIONS FROM CITY OFFICIALS
City Solicitor Elizabeth Rennard submitting Traffic Ordinance amendments for Resident Sticker Parking
Ordinance amending Traffic Chapter 42 Section 75 by adding the following new streets
Curtis Street - residents to be included to obtain resident sticker parking permits for
Zone A – color blue, parking on Curtis Street is prohibited on both sides.
Daniels Street Court - residents to be included to obtain resident sticker parking permits for Zone A – color blue, parking on Daniels Street Court is prohibited on both sides.
Kosciuszo Street - residents to be included to obtain resident sticker parking permits for Zone A – color blue, parking on Kosciuszko Street is prohibited on both sides.
Councillor McCarthy Moved adoption for first passage Voted
Ordinance amending Traffic Chapter 42 Section 75 by adding the following new street
Gedney Court - residents to be included to obtain resident sticker parking permits for
Zone A – color blue, parking on Gedney Court is prohibited on both sides.
Councillor Sosnowski Moved adoption for first passage Voted
PETITIONS
Petition from Verizon and Mass. Electric to install a joint pole on Juniper Ave
HEARING ORDERED SEPTEMBER 26, 2013
Petition from Comcast to install a conduit on Essex St.
HEARING ORDERED SEPTEMBER 26, 2013
Petition from National Grid to install a conduit on Lafayette St.
HEARING ORDERED SEPTEMBER 26, 2013
Request from Honey Dew Donuts located at 138 Canal St. for Extended Hours of Operation – Current Hours of Operation Monday-Sunday from 6:00 A.M. to 10:00 P.M. Requested hours
5:00 A.M. to 10:00 P.M. Monday-Sunday
HEARING ORDERED SEPTEMBER 26, 2013
Application from Footprint Power Salem Harbor Real Estate LP for an Inflammable License to keep/store the following: 95 gallons of flammable liquids, 84,235 gallons of combustible liquids and 53,600 standard cubic feet of flammable gases (580 gallons) for the property located at 24 Fort Avenue
HEARING ORDERED SEPTEMBER 26, 2013
PETITIONS
Request from residents of Larchmont Road to hold a Block Party on September 21, 2013 from 11:00 A.M to 6:000 P.M. with a rain date of September 28, 2103
Action Contemplated
Councillor Prevey Moved Granted Voted
Request from Nick Bokron, Chairman of PassMassAmendment to pass a resolution endorsing their efforts to amend the Massachusetts Constitution (Corporation are not People, Money is not speech)
Action Contemplated
Councillor Moved Voted
Request from Salem YMCA to hold a road race and use of city streets on October 20, 2013
Action Contemplated
Councillor McCarthy Moved Voted
Application for a Carnival by Fiesta Shows for October 18, 2013 through October 31, 2013
Action Contemplated
C. McCarthy Moved Voted
PETITIONS
The Following License Applications:
PUBLIC GUIDES Carol Weitzman, 76 Birch St., Peabody
Kelsey Brogley, 194 Fayette St., Lynn
Jonas Cain, 24 Lynde St., Salem
Kevin Stirnweis, 26 Ruby Ave., Marblehead
James McAllister, 86 Federal St., Salem
Dominic Lavorante, 171 Loring Ave., Salem
Kate Raftery, 12 Mall St., Salem
Brian Keady, 655 Western Ave., Lynn
Kathryn Spencer, 131 Essex St., Salem
PJ Maguire, 102 Shanley Dr., Attleboro
Sarah Mann, 11 Munroe St., Beverly
Maxfield Sklar, 95 Asbury St., Hamilton
Ian Steffe, 19 Harbor St., Salem
Sam Baltrusis, 71 Adams St., Somerville
TAXI OPERATOR Julio Jimenez, 50 Warren St. Peabody
Reynaldo Martinez, 112 Johnson St., Lynn
Yonathan Mesa, 267 Jefferson Ave., Salem
Robert Roderick, Jr., 2 Esquire Cir., Peabody
Dave Steiger, 117 Lafayette St., Salem
Rodolfo Cruz, 3 Aborn St., Salem
VEHICLE FOR HIRE Migael Santana, 59 Harbor St., Salem
OPERATOR ONLY
Action Contemplated
Councillor Sosnowski Moved Granted Voted
The Following License Applications:
TAXI OPERATOR Adanis Reyes, 17 Leavitt St., Salem
Action Contemplated
Councillor Sosnowski Moved Denied Voted
PETITIONS
The Following License Applications:
TAG DAYS S.H.S. Class of 2014, September 29, 2013
S.H.S. Football, November 16 & 17, 2013
S.H.S. Hockey, November 30, 2013, December 8, 2013 &
January 12, 2014 & January 25, 2014
Action Contemplated
C. Sosnowski Moved Refer to Comm. on Ord., Lic. & Voted
Legal Affairs
The Following Drainlayer/Contract Operator License:
P.V. Barone Corp., 18 Central St., Winthrop
Action Contemplated
C. Sosnowski Moved Granted Voted
The Following Claims:
Claire McQuarrie, 4 Blanchard St., Lynn
Debbie Day, 23 Goodell St., Salem
Rochelle Shea-Eckert, 59 Appleton St., Salem
David Schubert, 1362 Weeping Willow Ct., Cape Coral, FL
Charles Hilderbrand, 48 English St., Salem
Cathy Oliver, 25 Webb St., Salem
Action Contemplated
Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted
Licenses and Legal Affairs
PETITIONS
The Following Bonds:
DRAINLAYER: P.V. Barone Corp., 18 Central St., Winthrop
SIGNS: Once & Again, 45 Bridge St., Salem
Nick’s Firehouse, 30 Church St., Salem
Firenze Trattoria, 2 Lynde St., Salem
The Marble Faun, 131-1 Essex St., Salem
Campbell Enterprises, 161 Fort Ave., Salem
Campbell Enterprises, 167-173 Fort Ave., Salem
Petite Etoile Corp., 318 Derby St., Salem
Action Contemplated
Councillor Sosnowski Moved Refer to Comm. on Ordinances, Voted
Licenses & Legal Affairs & Returned Approved
______________________________________________________________________________
UNFINISHED BUSINESS
SECOND PASSAGE Ordinance amending Traffic Ch. 42 Sec. 56, Zones Established, Parking Prohibited, Repeal Congress Street (7/14/11)
Councillor McCarthy Moved Adoption for Second & Final passage Voted
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SECOND PASSAGE Ordinance amending Traffic Ch. 42 Sec. 51B, Zones Established, Repeal Palmer Street and add Ch. 42 Sec. 74 Towing Zones Palmer Street.
Councillor McCarthy Moved Adoption for Second & Final passage Voted
______________________________________________________________________________
SECOND PASSAGE Ordinance amended by adding Ch. 14-46 Fingerprint Based Criminal Record Background Checks.
Councillor Sosnowski Moved Adoption for Second & Final passage Voted
______________________________________________________________________________
On the motion of Councillor the meeting adjourned at P.M.
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