Skip Navigation
This table is used for column layout.
City Council Agenda 09/11/2014
“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,
September 11, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 4, 2014 at 5:04 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

Continuation of Joint Public Hearing held on July 29, 2014 with the Planning Board relative to a Zoning amending Section 10 Definitions for Urban Agriculture and Section 3 Accessory Uses.



IN FAVOR:













OPPOSED:













Councillor                        Moved that the Hearing be closed.     Voted





Councillor                       Moved that the matter be referred to the Planning Board        Voted
                                      for their recommendation.



HEARINGS

ORDERED:  Comcast to install conduit on Church Street



IN FAVOR:












OPPOSED:











HEARING CLOSED:



ACTION CONTEMPLATED




COUNCILLOR FAMICO                       MOVED                                           VOTED





HEARINGS

ORDERED:  Comcast to install conduit on Federal Street



IN FAVOR:












OPPOSED:












HEARING CLOSED:



ACTION CONTEMPLATED


COUNCILLOR FAMICO                       MOVED                                           VOTED






HEARINGS

ORDERED:  Comcast to install conduit on Washington Street



IN FAVOR:












OPPOSED:












HEARING CLOSED:



ACTION CONTEMPLATED


COUNCILLOR FAMICO                       MOVED                                           VOTED






HEARINGS

Request 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.



IN FAVOR:












OPPOSED:












HEARING CLOSED:



ACTION CONTEMPLATED


COUNCILLOR SIEGEL                       MOVED                                           VOTED




APPOINTMENTS AND REAPPOINTMENTS

Mayor’s appt. of Janet Greene to serve as a member of the Board of Health with a term to expire on March 1, 2016

Councillor                      Suspension of the rules         Councillor                      Objection



Action Contemplated


Councillor Gerard                       Held under the Rules
                                                OR
Confirmed by RCV                    Yeas         Nays       Absent




COMMUNICATIONS FROM THE MAYOR

Appropriation of $310,452.43 to the “Retirement Stabilization – Sick Leave Buy back” account for the retirement of the School Department employees.


Councillor                      suspension of rules             Councillor                      object

Action contemplated


Councillor Turiel                       Moved Adoption                                  Voted
Or
Refer to Comm. on Admistration &
Finance under the rules                                                         
______________________________________________________________________________

Appropriation of $25,000.00 to the “Retirement Stabilization – Sick Leave Buy back” account to be expended for negotiated sick leave buyback
        
Councillor                      suspension of rules             Councillor                      object


Action contemplated


Councillor Turiel                       Moved Adoption                                  Voted
Or
Refer to Comm. on Admistration &
Finance under the rules 
_____________________________________________________________________________

Transfer of $6,000.00 from “Mayor – Full Time Salary” account to “Mayor – Consulting/Contracted Services account”
Action contemplated


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




Appropriation of $2,500.00 from “Capital Outlay – Renovation & Repairs” account to be expended for repair of Leslie’s Retreat Monument by Veterans Department

        
Councillor                      suspension of rules             Councillor                      object



Action contemplated


Councillor Turiel                       Moved Adoption                                  Voted
Or
Refer to Comm. on Admistration &
Finance under the rules 
_____________________________________________________________________________

Appropriation of $514.77 to the “Retirement Stabilization – Sick Leave Buy back” account for the retirement of the Patrica Armstrong employee of the Library

Councillor                      suspension of rules             Councillor                      object

Action contemplated


Councillor Turiel                       Moved Adoption                                  Voted
Or
Refer to Comm. on Admistration &
Finance under the rules                                                         
______________________________________________________________________________

ORDER: to accept the donation of $2008.00 from the Salem Moose Lodge 218 for the Salem Police Department K-9 Unit




Action contemplated


Councillor Turiel                               Moved Adoption                                  Voted




ORDER: to accept the donation of $2,000.00 from the Town of Saugus for the Police Department Summer Camp Program



Action contemplated



Councillor Turiel                       Moved Adoption                                  Voted


ORDER: to accept the donation of $1,480.00 from the Town of Swampscott for the Police Department Summer Camp Program



Action contemplated



Councillor Turiel                       Moved Adoption                                  Voted


ORDER:  to adopt MGL Ch. 44, Sec. 53E ½ to create a new revolving fund account for Old Town Hall



Action Contemplated



Councillor Turiel                       Moved Adoption by RCV           YEAS           NAYS        ABS





MAYOR’S INFORMATIONAL PAGE

Mayor’s request to address the City Council at their October 9, 2014 regular meeting to present an update on the construction of the Gateway Center and the Mayor Jean Levesque Community Life
Center






Action Contemplated


Councillor                              Moved Received & Filed                                  Voted




MOTIONS, ORDERS, AND RESOLUTIONS

Councillor Turiel

ORDER: That the Monthly Financial Report dated July 31, 2014 be referred to the Committee on Administration and Finance.





Councillor Gerard                       Moved Adoption                                  Voted


Councillor  Famico

ORDINANCE: Amending Traffic Ch. 42 Sec. 74, Tow Zone, Fowler Street starting at the intersection with No. Pine Street and continuing in a northerly direction for 126 feet, “No Parking, Tow Zone, both sides, Wednesday mornings 7:00 AM – 12:00 PM.






Councillor Famico                       Moved Adoption for first passage                        Voted


Councillor  O’Keefe

ORDER: That the attached Tag Day Application for S.H.S. Field Hockey for 9/14/14 & 9/28/14 be granted






Councillor O’Keefe                    Moved Approved                          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 approval

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



                                                        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 A Home Rule Petition for a Package Store License for The Cheese Shop located at 45 Lafayette Street has considered said matter and would recommend adoption by roll call vote

                                                        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 No Parking on Flint Street between Mason and Oak Streets both sides 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 to whom was referred the matter of a taxi operator hearing for Juan Rodriquez has considered said matter and would recommend that his license be granted

                                                        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 two 30 minute parking signs in front of 196/198 Loring Avenue 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 entering into an agreement with an electricity supplier 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

Planning Board submitting recommendation for proposed Zoning Ordinance amendment to the Table of Uses for the NRCC District to allow “Brewery, Distillery, or Winery with Tasting Room by Special Permit.







Councillor O’Keefe            Moved to receive and file recommendation and
                                Adopt the proposed Zoning Ordinance amendment
for first passage by roll call vote




                                        YEAS                    NAYS                    ABSENT



PETITIONS

Petition from Attorney William F. Quinn to amend zoning to extend the B-5 Central Development District to include the parcel of real property situated at 38 Washington Square South.




Councillor Famico               Moved to refer the matter to the planning board                 Voted
                                To schedule a joint public hearing



Petition from Comcast to install conduit on Lynde St.




HEARING ORDERED SEPTEMBER 25, 2014


Request from the House of Seven Gable to close the end of Turner St on September 21, 2014 for their Taste of the Gables event



Action Contemplated



Councillor McCarthy             Moved                                                   Voted


Request from Patrick Curtin to meet with the City Council to discuss the impeding construction of a new parking facility proposed by Salem State University to be sited on the parking lot behind Peabody Hall



Action Contemplated



Councillor O’Keefe                    Moved Refer to Committee of the Whole           Voted




Request from North Shore Medical Center to hold their Cancer Walk and use of city streets on Sunday, June 28, 2015 starting at 5:00 A.M.


Action Contemplated


Councillor McCarthy                     Moved                                   Voted


Request from B&S Event Management to hold a road race (Wicked ½ Marathon) and use of city streets on Saturday, September 20, 2014 at 7:00 A.M.


Action Contemplated


Councillor McCarthy                     Moved                                   Voted


Request from B&S Event Management to hold a road race (Devil’s Chase) and use of city streets on Saturday, October 25, 2014 at 8:00 A.M.


Action Contemplated


Councillor McCarthy                     Moved                                   Voted


Request from B&S Event Management to hold a road race (Ugly Sweater) and use of city streets on Saturday, December 6, 2014 at 12:00 P.M.


Action Contemplated


Councillor McCarthy                     Moved                                   Voted





Application for a Carnival by Fiesta Shows for October 17, 2014 through November 2, 2014



Action Contemplated



Councillor McCarthy             Moved                                           Voted


Letter from the North Shore Old Car Club informing the City Council that a car show will be held on Saturday, September 13, 2014 (rain date September 14, 2014) on the Essex Street Mall to benefit the Salem Veterans



Action Contemplated



Councillor Famico                       Moved Receive & File                            Voted



Petition from the Greater Boston Eruv Corp and the North Shore Eruv Project to meet with Council to review and approve a resolution and construction of an Eruv



Action Contemplated



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




Request from Residents of the Federal Street Neighborhood Association to hold a block party on Federal Street Court on Saturday, September 13, 2014 from 4:00 P.M. to 6:00 P.M. with a rain date on Sunday, September 14, 2014



Action Contemplated



Councillor Famico                               Moved                                           Voted


Request from Residents of Linden Street (between Holly and Laurel) to hold a block party on Saturday, September 20, 2014 from 3:00 P.M. to 7:00 P.M.



Action Contemplated



Councillor Turiel                               Moved                                           Voted


The Following License Applications:


TAG DAY                 Salem Academy Charter School, 10/3/14, 10/5/14, 11/1/14 & 11/2/14
                                Salem Football Boosters, October 12, 2014
                                Salem High School Boys Basketball, 12/20/14 & 1/24/15



Action Contemplated




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




The Following License Applications:

PUBLIC GUIDES                   Erika Barrowman, 8 ½ Allen St., Salem
                                        Chris Dowgin, 116 Bridge St., Salem
                                        Edward Swaim, 16 Martin Cir., Peabody
                                        Ashley Rogers, 231 Lafayette St., Salem
                                        Katherine O’Shea, 43 Beverly Ave., Marblehead
                                        Victoria Hill, 8 Powdermill Rd., Haverhill
                                        Brett Hill, 62 Main St., Peabody
                                        Amanda Rivera, 99 Mason St., Salem
                                        January Green, 12 Hawthorne Blvd., Salem
                                        William Page, 65 ½ Essex St., Salem
                                        Cassandra George, 62 Calument St., Revere
                                        Leigh Cochran, 24 Norman St., Salem
                                        Michael Falchek, 3 Lemon St., Salem
                                        Ellen O’Shea, 18 Palmer St., Salem
                                        Rebecca Ferrari, 8 Barton Sq., Salem
                                        Ryan Boettcher, 89 Linden St., Salem
                                        Kenneth Glover, 20 Essex St., Beverly
                                        Kristin Harris, 181 Federal St., Salem
                                        Mallory Curtin, 26 Broadway, Beverly
                                        Johnbarry Green, 28 Kenwood Ter., Lynn
                                        Amy Sheridan, 1 Manning St. Ipswich
                                        Joanne “Rhiannion” Wolf Tail, 56 Margin St., Salem
                                                        
TAXI OPERATORS                  Juan Nunez, 11 Mason St., Salem
                                        Marlon Reyes, 4 Buxton St., Peabody
                                        Vladimir Inoa, 414 Essex St., Salem

Action Contemplated

Councillor O’Keefe                    Moved Granted                                           Voted   




The Following License Application:

TAXI OPERATOR           Jacob Kendrick

Action Contemplated

Councillor O’Keefe                    Moved Denied                                    Voted   


Hearing Request from Jacob Kendrick 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:

        
Action Contemplated             Ciciottii Construciton, 145 Burrill St., Swampscott


Councillor O’Keefe            Moved Granted                                   Voted


The Following Claims:   
                Michael Testa, 200 market St. #4204, Lowell\
                Victoria Caldwell, 3 Guernsey St., Marblehead   
                Thomas Armstrong, 5 Turner St., Salem
                William Mallett, 440 Loring Ave., Salem
                William Lazdowski, 180 Essex St., Salem
                
SUBROGATED              Vermont Mutual Ins. Group (for Michelle Low), 89 State St.
                Montpellier, VT         

Action Contemplated

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


The Following Bonds:

DRAINLAYER:             Ciciottii Construciton, 145 Burrill St., Swampscott

SIGN:                           Paaastelitos, 101 Lafayette St., Salem
                                Koto Japanese Grill & Sushi, 90 Washington St., Salem
                                The Coven’s Cottage, 190 Essex St., Salem

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. 50B “Handicapped Parking Limited Time” Roslyn Street




Councillor Famico               Moved Adoption for second & final passage               Voted

______________________________________________________________________________

Second Passage of an Ordinance relative to Zoning adding to Ch. 10 Definitions; Brewery, Distillery, or Winery with Tasting Room and Ch. 3 Table of Principal and Accessory Use Regulations.





Councillor O’Keefe            Moved Adoption for second & final passage
                                By roll call Vote

                                                        YEAS            NAYS            ABSENT










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