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City Council Agenda 07/17/2014
“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.”

Assistive Listening System Now Available for City Council Meetings.
Those interested in utilizing these devices for meetings at 93 Washington Street may contact the City Clerk Cheryl LaPointe at 978-619-5610 or clapointe@salem.com.

A Regular Meeting of the City Council held in the Council Chamber on Thursday,
July 17, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on July 10, 2014 at 5:43 P.M.  This meeting is being taped and 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 McCarthy 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, Mayor’s appointment of Noah Koretz to serve as a member of Planning Board with a term to expire on March 1, 2019 (term begins July 31, 2014)


Action Contemplated



Councillor Gerard                       Confirmed by RCV                        Yeas       Nays       Absent


Held from the last meeting, Mayor’s appointment of Jaclyn Cotreau to serve as a member of the Salem Disabilities Commission with a term to expire on February 1, 2016

Action Contemplated



Councillor Siegel                       Confirmed by RCV                    Yeas         Nays       Absent


Mayor’s reappt. of Marcia Lambert and Sandra Power to serve as members of the Beautification Committee with both their terms to expire on March 1, 2017


Action Contemplated


Councillor O’Keefe                            Confirmed by RCV                    Yeas         Nays       Absent


Mayor’s reappt. of Joanne McCrea to serve as a member of the Historical Commission with a term to expire on March 1, 2017


Action Contemplated


Councillor Famico                               Confirmed by RCV                    Yeas         Nays       Absent





APPOINTMENTS AND REAPPOINTMENTS

Mayor’s reappt. of Kerri Carlton to serve as a Constable with a term to expire on June 8, 2017


Action Contemplated


Councillor O’Keefe                    Moved Received & Filed                                  Voted


Mayor’s reappt. of Joseph Turco to serve as a Constable with a term to expire on June 28, 2017


Action Contemplated


Councillor O’Keefe                    Moved Received & Filed                                  Voted











COMMUNICATIONS FROM THE MAYOR

Appropriation of $250,000.00 from “Fund Balance – Free Cash” account to “Capital Improvement Fund”




Councillor                      suspension of rules             Councillor                      object



Action contemplated


Councillor                              Moved Approval                          Voted
                                                Or
                                        Held under the Rules
______________________________________________________________________________

Appropriation of $117,881.00 from “Fund Balance – Free Cash” account to the following:

        School Choice   Treasurer               $24,083.00

        Charter School  Treasurer               $93,798.00

        Total                                             $117,881.00



Councillor                      suspension of rules             Councillor                      object



Action contemplated


Councillor                              Moved Approval                          Voted
                                                Or
                                        Held under the Rules
_____________________________________________________________________________





COMMUNICATIONS FROM THE MAYOR


Transfer of $80,000.00 from “DPS – Full Time Salary” account to “DPS – Contracted Services”
account


Action contemplated


Councillor                              Moved Approval                          Voted
                                                Or
                                        Ref. to the Committee on Administration & Finance


Appropriation of $63,821.00 from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for retirement buyback of James Lynch of the Fire Dept.


Councillor                      suspension of rules             Councillor                      object



Action contemplated


Councillor                              Moved Approval                          Voted
                                                Or
                                        Held under the Rules
______________________________________________________________________________

Appropriation of $40,223.64 from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for retirement buyback of Thomas Griffin of the Police Dept.




Councillor                      suspension of rules             Councillor                      object


Action contemplated


Councillor                              Moved Approval                          Voted
                                                Or
                                        Held under the Rules
COMMUNICATIONS FROM THE MAYOR

Appropriation of $18,974.42 from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for retirement buyback of July Giunta of Finance Dept.




Councillor                      suspension of rules             Councillor                      object


Action contemplated


Councillor                              Moved Approval                          Voted
                                                Or
                                        Held under the Rules

______________________________________________________________________________

Transfer of $15,000.00 from “Retained Earnings – Water/Sewer Fund” to “Treasurer’s Professional Fees” account


Action contemplated


Councillor                              Moved Approval                          Voted
                                                Or
____________________________________________________________________________

Appropriation of $4,153.00 from “Fund Balance – Free Cash” account to “Planning – Contracted Services” account for the management of Old Town Hall.




Councillor                      suspension of rules             Councillor                      object


Action contemplated


Councillor                              Moved Approval                          Voted
                                                Or
                                        Held under the Rules
COMMUNICATIONS FROM THE MAYOR

ORDER: to accept the donation totaling $5,000.00 from City of Salem Mayor to Police Dept. Summer Camp Donation Fund.




Action contemplated


Councillor                              Moved Adoption                                  Voted


ORDER: to accept the donation totaling $5,403.00 from Mack Park Neighborhood Assoc. Project K-9 to the Salem Police Dept. K-9 Fund.



Action contemplated


Councillor                              Moved Adoption                                  Voted


ORDER: to accept the donation totaling $1,000.00 from the Town of Danvers to Police Dept. Summer Camp Donation Fund.




Action contemplated


Councillor                              Moved Adoption                                  Voted


ORDER: An Act for a Home Rule Petition for an additional package store license for “The Cheese Shop of Salem” located at 45 Lafayette Street (Derby Lofts buildling)



Councillor McCarthy             Moved Adoption by roll call vote

                                                        YEAS            NAYS            ABSENT                          

MAYOR’S INFORMATIONAL PAGE

NONE







MOTIONS, ORDERS, AND RESOLUTIONS

Councillor O’Keefe

ORDER: That the attached Tag Day Application for the Military Order of the Purple Heart for 8/7/14 & 8/8/14 be granted





Councillor O’Keefe                    Moved Granted                                   Voted


Councillor Gerard

ORDINANCE: Amending Ch. 16 Article II Sec. 36 “Rules and regulations for care and use of cemeteries; penalty for violation” replace fine not exceeding $50.00 and insert in place the following “fine not exceeding $100.00”






Councillor Gerard                       Moved Adoption for first passage                        Voted


Councillor  Famico

ORDINANCE: Amending Traffic Ch. 42 Sec. 50B “Handicapped Parking, Limited Time”
Roslyn Street in front of #46 for a distance of 20 feet.








Councillor Famico                       Moved Adoption for first passage                        Voted





MOTIONS, ORDERS, AND RESOLUTIONS

Councillor Famico

ORDER: That the polling locations for Ward 5 Precinct 1 be relocated from the Temple Shalom to the Saltonstall School Auditorium located at 211 Lafayette Street

Also that the polling location for Ward 5 Precinct 2 be relocated from the Community Room, Pioneer Terrance to the Saltonstall School Auditorium located at 211 Lafayette Street



Councillor Famico                       Moved Adoption by roll call vote

                                                        YEAS            NAYS            ABSENT



Councillor McCarthy


ORDER: That the polling locations for Ward 1 Precinct 2 be relocated from the Bentley School Gymnasium to 135  Lafayette Street Apartments Community Room.




Councillor McCarthy             Moved Adoption by roll call vote

                                                        YEAS            NAYS            ABSENT



Councillor O’Keefe

ORDER: That the meetings of the qualified voters of the City of Salem be held in several voting precincts in the city at the polling places designated hereinafter on Tuesday, September 9, 2014 for the purpose of casting votes in the State Primary Election.



Councillor O’Keefe                    Moved Adoption by roll call vote

                                                        YEAS            NAYS            ABSENT

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 a taxi operator hearing for Sandy Jaquez-Gil has considered said matter and would recommend that his taxi operator license be denied


                                                        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 a taxi operator hearing for John Leone has considered said matter and would recommend that this taxi operator license be granted


                                                        Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted

                
Councillor Gerard 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 $10,000.00 appropriation from Fund Balance Free Cash to Mayor – Contracted Services has considered said matter and would recommend (action unknown meeting took place after agenda deadline)



                                                        Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted


Councillor McCarthy offered the following report for the Committee of the Whole to whom was referred the matter of the Planning Board’s recommendation relative to the Zoning Ordinance Amendment regarding “Tasting Rooms” 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

NONE








PETITIONS

Petition from Comcast to install conduit on Church Street





HEARING ORDERED SEPTEMBER 11, 2014


Petition from Comcast to install conduit on Federal Street





HEARING ORDERED SEPTEMBER 11, 2014


Petition from Comcast to install conduit on Washington Street





HEARING ORDERED SEPTEMBER 11, 2014


Petition from Ervin Durraj, owner of Vinny’s Pizza and Roast Beef, located at 44 Jefferson Ave. for extended hours of operation on Fridays and Saturdays until 2:00 A.M.






                                HEARING ORDERED SEPTEMBER 11, 2014








PETITIONS

Request from residents of Harrison Ave. to hold a block party on Saturday, August 16, 2014 from 12:00 P.M. to 12:00 A.M. with a rain date on Sunday, August 17, 2014


Action Contemplated


Councillor McCarthy             Moved                                                   Voted


Request from residents of English St. (between Essex and Cousins) to hold a block party on Sunday, August 24, 2014 from 1:00 P.M. to 7:00 P.M. with a rain date on Sunday, September 7, 2014


Action Contemplated


Councillor McCarthy             Moved                                                   Voted


Request from residents of Orchard St. (between Dearborn and Franklin) to hold a block party on Saturday, September 13, 2014 from 3:00 P.M. to 10:00 P.M.


Action Contemplated


Councillor Gerard                       Moved                                                   Voted


Request from Free Masons to reserve four parking spots in front of Lodge on Washington Street to hold blood drives on September 23, 2014 from 2:00 P.M. to 7:00 P.M. and a parking pass for the red cross vehicle


Action Contemplated


Councillor Famico                       Moved Granted                                           Voted




PETITIONS

Request from Adam Fitch to hold a walk and use of city streets on Saturday, October 11, 2014 starting at 3:30 P.M.


Action Contemplated



Councillor Famico                       Moved Granted                                   Voted


Request from Salem YMCA to hold a triathlon and use of city streets on Saturday, September 6, 2014 starting at 8:00 A.M. (event day registration opens at 6:00 A.M.)


Action Contemplated



Councillor O’Keefe                    Moved Granted                                   Voted


The Following License Application:

SECOND HAND
CLOTHING                                Mighty Aphrodite Maternity Consignment, 10 Colonial Rd., Salem

TAG DAY                         Salem High School Girls Soccer, 9/27/14 and 10/26/14
Salem High School Marching Band, 12/6/14



Councillor O’Keefe                    Moved Refer to Comm. on Ord., Lic. &            Voted
                                        Legal Affairs










PETITIONS

The Following License Applications:

PUBLIC GUIDE            Alicia Diozzi, 40 English St., Salem
                                Robert Gautreau, Jr. 222 Stackpole St., Lowell

TAXI OPERATORS          Ruth Abod, 17 Goldberg Rd., Peabody
                                Pedro Taveras, 100 Lafayette St., Salem
                                Reinaldo Burgos, 70 Granite St., Lynn

VEHICLE FOR HIRE        Salem Trolley, 8 Central St., Salem             (6 Trolleys)

VEHICLE FOR HIRE        Rebecca Andrews, 9 Brook St., Tewksbury
OPERATORS ONLY  Ronald Olson, 154 Lafayette St., Marblehead
                                Joel Cassidy, 35 March St., Salem
                                Anthony Meneades, 40 Allerton St., Lynn
                                Mark Gauthier, 40 Oak Ave., Peabody
                                Tammy Harrington, 21 Chase St., Beverly
                                Edward Murphy, 4 Paradise Rd., Ipswich
                                David Butler, 16 Hunt St., Danvers
                                Douglas Pilkington, 167 Haverhill St., Rowley
                                Joseph Silva, 102 Main St., Peabody
                                Jeffrey Howard, 14 Proctor St., Gloucester
                                Karen Horgan, 21 Gregg St., Beverly
                                Sheila Marshall, 1 Dahlia Ave., Peabody


Action Contemplated

Councillor O’Keefe                    Moved Granted                                           Voted   


The Following License Applications

TAXI OPERATOR           Juan Rodriguez, 10 First St., Salem

VEHICLE FOR HIRE                Daniel Reed, 7 Gaffney St., Gloucester
OPERATOR ONLY


Action Contemplated

Councillor O’Keefe                    Moved Denied                                    Voted   


PETITIONS

Hearing Request from Juan Rodriguez on the denial of his taxi operator license

Action Contemplated

Councillor O’Keefe                    Moved Refer to Comm. on Ord., Lic. &            Voted
                                        Legal Affairs to hold an Executive Session


The Following Drainlayer/Contract Operators:

        
                Phoenix Communications, 25 Bowditch Drive, Shrewsbury
        

Action Contemplated


Councillor O’Keefe            Moved Granted                                   Voted


The Following Claims:   

Jennifer Murden, 116 Lafayette St., Salem
                        Daniela Dinulescu (for mother Despina Dinulescu), 32 Summit St., Salem
                        Michael Santangelo, 110 Broadway, Malden

SUBROGATED      Sullivan & Sullivan (for Noreen Hardin), 83 Walnut St., Wellesley
                                        
                                        

Action Contemplated


Councillor O’Keefe                    Moved Refer to Comm. on Ord., Lic. &                    Voted
                                        Legal Affairs
                








PETITIONS

The Following Bonds:

CONSTABLE:              Joseph Turco, 8 Meade St., Peabody

DRAINLAYER:             Phoenix Communications, 25 Bowditch Drive, Shrewsbury
                        

Action Contemplated

Councillor O’Keefe                    Moved Refer to Comm. on Ord., Lic. &                    Voted
                                        Legal Affairs and returned approved








UNFINISHED BUSINESS


Second Passage of an Ordinance amending Traffic Ch. 42, Sec. 51 “Parking Prohibited Certain Streets, Franklin Street




Councillor Gerard               Moved Adoption for second & final passage               Voted

______________________________________________________________________________












On the motion of Councillor                              the meeting adjourned at                 P.M.