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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
January 23, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 17, 2014 at 10:12 A.M. This meeting is being taped nd is live on S.A.T.V.
Absent were:
Council President McCarthy presided.
Councillor moved to dispense with the reading of the record of the previous meeting.
VOTED
President 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
ORDERED: National Grid to install conduits and remove poles on Bridge/Boston/Goodhue Streets
IN FAVOR:
OPPOSED:
Hearing Closed
Action Contemplated
Councillor Eppley Moved Voted
APPOINTMENTS AND REAPPOINTMENTS
Held from last meeting, Mayor’s appointment of William Griset, Jr., 153 Fort Avenue, Salem, to serve as a member of the Planning Board with a term to expire on December 14, 2014
Action Contemplated
Councillor McCarthy Confirmed by Roll Call Vote Yeas Nays Absent
Held from last meeting, Mayor’s appointment of Peter Copelas, 40 Warren Street, Salem, to serve as an alternate member of the Zoning Board of Appeals with a term to expire on June 1, 2015
Action Contemplated
Councillor Famico Confirmed by Roll Call Vote Yeas Nays Absent
Mayor’s appt. of Abigail Butt to serve as a member of the Salem Council on Aging with a term to expire on March 1, 2017
Councillor Suspension of the rules Councillor Objection
Action Contemplated
Councillor Eppley Held under the Rules Voted
Mayor’s re-appointment of John Jodoin to serve on the Salem Disabilities Commission with the term to expire on March 1, 2017
Action Contemplated
Councillor Gerard Confirmed by Roll Call Vote Yeas Nays Absent
APPOINTMENTS AND REAPPOINTMENTS
Letter to amend address of Salem Parking Board re-appointee, Michael Caggiano, from his work address of 16 Front Street to his current home address of 14 Patton Road
Action Contemplated
Councillor Famico Moved Recv’d & Filed Voted
Mayor’s re-appointment of Ronald Bertheim to serve as a Constable with a term to expire on February 25, 2017
Action Contemplated
Councillor O’Keefe Moved Recv’d & Filed Voted
Mayor’s re-appointment of James Danforth to serve as a Constable with a term to expire on February 1, 2017
Action Contemplated
Councillor O’Keefe Moved Recv’d & Filed Voted
Mayor’s re-appointment of Mark McGrath to serve as a Constable with a term to expire on January 22, 2017
Action Contemplated
Councillor O’Keefe Moved Recv’d & Filed Voted
COMMUNICATIONS FROM THE MAYOR
Appropriation of $25,380.00 from “Capital Outlay Renovation and Repair” to be expended for repair to the South Harbor & Museum Place parking garages.
Councillor sus. of rules Councillor Object
Action contemplated
Councillor Turiel Moved refer to Comm. on Administration & Finance
or Adoption Voted
______________________________________________________________________________
Appropriation of $10,161.78 from “Retirement Stabilization Vacation/Sick Leave Buyback” account to be expended for the retirement of Bela Grenader employee of the Parking Garage
Councillor sus. of rules Councillor Object
Action contemplated
Councillor Turiel Moved refer to Comm. on Administration & Finance
or Adoption Voted
______________________________________________________________________________
Appropriation of $8,320.71 from “Retirement Stabilization Vacation/Sick Leave Buyback” account to be expended for the retirement of Gloria Merrill employee of the Parking Garage
Councillor sus. of rules Councillor Object
Action contemplated
Councillor Turiel Moved refer to Comm. on Administration & Finance
or Adoption Voted
______________________________________________________________________________
COMMUNICATIONS FROM THE MAYOR
Accept donation of $2,143.00 from Dunkin Donuts to be deposited in the Salem Police Department K-9 Donation Fund.
Action contemplated
Councillor Turiel Moved Adoption Voted
______________________________________________________________________________
Accept donation of $1,500.00 from Partners Health Care to be deposited in the Fire Department Donation Fund.
Action contemplated
Councillor Turiel Moved Adoption Voted
______________________________________________________________________________
ORDER: Accept Massachusetts General Laws Ch. 32 Section 20(4) (h) to allow the City Treasurer to be compensated as custodian of the fund of the Salem Contributory Retirement System.
Councillor Turiel Moved Adoption by Roll Call Vote
YEAS NAYS ABSENT
______________________________________________________________________________
COMMUNICATIONS FROM THE MAYOR
ORDER: Authorize the Mayor to convey 20,226 square foot parcel of surplus land on Technology Way to KAK Realty Trust, Anthony Klein, Trustee.
Councillor Siegel Moved Approval by Roll Call Vote (requires 8 votes)
YEAS NAYS ABSENT
______________________________________________________________________________
ORDER: Home Rule Petition to remove current Civil Service restriction when selecting future Police and Fire Chiefs in the City of Salem.
Councillor O’Keefe Moved Adoption Voted
Or Ref. to Comm. on Ordinances, Licenses
& Legal Affairs
______________________________________________________________________________
ORDINANCE: amending Ch. 2 Section 2055-2056 by adding Article XVI Non-Discrimination Policy
Councillor O’Keefe Moved Adoption for first passage Voted
or
refer to the Committee on Ordinances,
Licenses & Legal Affairs
______________________________________________________________________________
COMMUNICATIONS FROM THE MAYOR
ORDINANCE: amending Ch.42 Section 74, General Prohibition Towing Zones, Flint Street No Parking both sides between Mason and Oak Streets.
Councillor O’Keefe Moved Adoption for first passage Voted
or
refer to the Committee on Ordinances,
Licenses & Legal Affairs
MAYOR’S INFORMATIONAL PAGE
NONE
MOTIONS, ORDERS, AND RESOLUTIONS
Councillor O’Keefe
ORDERED: That the enclosed Tag Day Application for SHS Swimming and Dive Team for
2/2/14 be granted
Councillor O’Keefe Moved Granted Voted
Councillor Turiel
ORDERED: That the Year to date Budget Report dated December 31, 2013 be referred to the Committee on Administration and Finance.
Councillor Turiel Moved Adoption Voted
Councillor Turiel
ORDERED: That the Year to date Budget Report dated November 30, 2013 be referred to the Committee on Administration and Finance.
Councillor Turiel Moved Adoption Voted
Councillor Turiel
ORDINANCE: amending Traffic Chapter 42, Section 50B “Handicap Parking Limited Time”
Cabot Street in front of #33 for a distance of twenty feet.
Councillor Turiel Moved Adoption for first passage Voted
MOTIONS, ORDERS, AND RESOLUTIONS
Councillor Gerard
ORDINANCE:amending Traffic Ch. 42 Section 74, “General Prohibition Tow Zone” North Street, easterly side of Commercial Street for a distance of one hundred eleven feet as marked by signs, No Parking Tow Zone.
Councillor Gerard Moved Adoption for first passage Voted
COMMITTEE REPORTS
Councillor O’Keefe offered the following report for 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 license be granted
JUNK DEALER Frederick Hutchinson, 15 Robinson Rd., Salem
PAWNBROKER Salem Loan & Jewelry, 133 Washington St., Salem
SECOND HAND Modern Mille, 3 Central St., Salem
CLOTHING
SECOND HAND Treasures Over Time, 139 Washington St., Salem
VALUABLE Salem Coin & Jewelry, 149 North St., Salem
Five Hands Curiosity Shoppe, 2 North St., Salem
TAG DAYS S.H.S. Boys Basketball, Feb. 1, 2014 & Feb. 15, 2014
S.H.S. Percussion and Colorguard, Feb. 22, 2014
S.H.S. Concert Band, May 31, 2014
Accept the Report Voted
Adopt the Recommendation Voted
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of the disposition of committee matters has considered said matter and would recommend that the attached council orders be discharged
Accept the Report Voted
Adopt the Recommendation Voted
COMMITTEE REPORTS
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of the Shopping Cart Ordinance has considered said matter and would recommend adoption for first passage
Accept the Report Voted
Adopt the Recommendation Voted
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Amending Section 58 of the City Charter relative to Mayor, election, term of office has considered said matter and would recommend (action unknown meeting took place after agenda deadline)
Accept the Report Voted
Adopt the Recommendation Voted
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Amending Section 59A of the City Charter relative to vacancies in the office of Mayor has considered said matter and would recommend (action unknown meeting took place after agenda deadline)
Accept the Report Voted
Adopt the Recommendation Voted
COMMITTEE REPORTS
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Amending an Ordinance relative to Chapter 24 Sec. 16, Prohibited Smoking on the off-road bike path has considered said matter and would recommend (action unknown meeting took place after agenda deadline)
Accept the Report Voted
Adopt the Recommendation Voted
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Amending an Ordinance relative to Chapter 1 Sec. 10 (c), Non-Criminal Fine add $50.00 smoking prohibited penalty on off-road paved bicycle route has considered said matter and would recommend (action unknown meeting took place after agenda deadline)
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Turiel offered the following report for the Committee on Administration & Finance co-posted with the Committee of the Whole to whom was referred the matter of a $150,000 appropriation from retained earnings water/sewer to various Engineering accounts has considered said matter and would recommend (action unknown meeting took place after agenda deadline)
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Turiel offered the following report for the Committee on Administration & Finance co-posted with the Committee of the Whole to whom was referred the matter of a supplemental budget for Splaine Park has considered said matter and would recommend (action unknown meeting took place after agenda deadline)
Accept the Report Voted
Adopt the Recommendation Voted
COMMUNICATIONS FROM CITY OFFICIALS
Finance Director submitting the Annual Financial Report for Fiscal Year 2013 and Financial Statements audited by Powers & Sullivan LLC.
Councillor Turiel Moved Received & Filed Voted
Bond Order: rescind a $2,000,000 portion of the appropriation that was authorized to be borrowed on March 28, 2013 in the amount of $5,900,000 for the Canal Street Utility Program. The $2,000,000 to be repurposed for various roadway improvements.
Councillor sus. of rules Councillor object
Councillor Turiel Moved Adoption for first passage by roll call vote
YEAS NAYS ABSENT
PETITIONS
Petition from Comcast to install a conduit on Essex Street
HEARING ORDERED FEBRUARY 13, 2014
Request from Salem State University to hold a road race and use of City Streets on April 27, 2014
Action Contemplated
Councillor Turiel Moved Granted Voted
Request from Salem State University to hold a walk-a-thon and use of City Streets on August 23, 2014
Action Contemplated
Councillor Turiel Moved Granted Voted
PETITIONS
The Following License Applications:
PUBLIC GUIDES Kevin Wynott, 64 Veterans Memorial Dr., Peabody
Jeffrey Horton, 27 Bar Link Way, Swampscott
Allen Winecour, 161 Garland St., Everett
Hannah Diozzi, 20 Pleasant St., Salem
Michael Ruocco, 17 Lee Ct., Lynn
Kevin Gutowski, 41 Woodlawn Ave., Everett
Thomas Vallor, 100 Washington St., Salem
TAXI CAB Sunshine Taxi, 153 Newbury St., Peabody (2 taxicabs)
TAXI OPERATORS Michael Lowe, 319 N. Main, Middleton
Carmen Gaeta, 5 Winchester Dr., Lynnfield
Alberto Guerrero, 108 Lafayette St., Salem
Barry Neely Jr., 15 Lynde St., Salem
Felix Hernandez, 5A Rockdale Park, Peabody
Ramon Espinal, 12 Mt. Vernon St., Salem
Miguel Pimental, 16 March St., Salem
Rafael Pena, 54 Perkins St., Salem
Jose Diaz, 52 Peabody St., Salem
Julio Solano, 320 Lafayette St., Salem
Eladio Pena, 38 Peabody St., Salem
Roberto Disla, 108 Lafayette St., Salem
Jose Munoz, 290 Washington St., Salem
Noel Gomez, 25 Perkins St., Salem
Jose Fabian, 14 Mason St., Salem
Miguel Acosta, 50 Winnerpurkit St., Lynn
Ricardo Villanueva, 78 Hathorne St., Salem
Juan Stepan, 16 March St., Salem
Manuel Moya, 55 Butler St., Salem
Joseph Mahan, 12 Larchmont Rd., Salem
Johnny Fabian, 16 Mason St., Salem
Caridania Pachero, 27 Albion St., Salem
Ramon Espinal Jr., 12 Mt. Vernon St., Salem
Edwin Gonzalez, 106 Lafayette St., Salem
Action Contemplated
Councillor O’Keefe Moved Granted Voted
______________________________________________________________________________
PETITIONS
The Following License Applications:
SEAWORMS Dylan Silva, 25 Driscoll St., Peabody
Jake Silva, 25 Driscoll St. Peabody
Manuel N. Silva, 80 Northend St., Peabody
SECOND HAND Queen of Hearts, 100 Wharf St., Salem
CLOTHING
TAG DAYS Disabled American Veterans, May 16-19, 2014 & Nov. 4-7, 2014
VFW 1524, May 23-26, 2014 & Nov. 8-11, 2014
Salem Veterans Council, July 1-4, 2014
S.H.S. Boys Soccer, September 13, 2014 & October 18, 2104
Action Contemplated
Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted
Legal Affairs
The Following Drainlayer/Contract Operator Licenses:
Thomas Mackey & Sons, Inc., 58 Broadway, Salem
Raffaele Construction, 21 Elm Place, Swampscott
Geologic-Earth Exploration, Inc.
Action Contemplated
Councillor O’Keefe Moved Granted Voted
______________________________________________________________________________
PETITIONS
The Following Claims:
Cassandra Giuffrida, 75 Walnut St., Peabody
Suurures Baidak, 22 Cabot St., Salem
Action Contemplated
Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted
Legal Affairs
The Following Bond:
CONSTABLE: Ronald Bertheim, 16 Lenox Ave., Methuen
Action Contemplated
Councillor O’Keefe Moved Refer to Comm. on Ordinances, Voted
Licenses & Legal Affairs & Returned Approved
UNFINISHED BUSINESS
SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 51B, “Parking Prohibited Certain Times on Certain Streets” Salem Street
Councillor O’Keefe Moved Adoption for second & final passage Voted
SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 57A, “Parking Time Limited” Loring Avenue in front of #539.
Councillor O’Keefe Moved Adoption for second & final passage Voted
SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 57A, “Parking Time Limited” Loring Avenue in front of #540.
Councillor O’Keefe Moved Adoption for second & final passage Voted
On the motion of Councillor the meeting adjourned at P.M.
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