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City Council Agenda 05-24-2012
“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”

A Regular Meeting of the City Council held in the Council Chamber on Thursday, May 24,  2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 18, 2012 at 8:46 A.M.  This meeting is being taped and is live on S.A.T.V.   

        
       Absent were:

       Council President Lovely presided.


Councillor                      moved to dispense with the reading of the record of the previous meeting.

VOTED


President Lovely 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 last meeting Mayor’s appt. Jennifer Barz-Snell to serve on the Commission on Disabilities with a term to expire on February 1, 2013



Action Contemplated



Councillor                      Moved Confirmation by RCV       YEAS                NAYS              ABS       


Mayor’s appt. of Barbara Sirois to serve on the Beautification Committee with a term to expire on June 1, 2015


Councillor              Suspension of the Rules                 Councillor                      Objection


Action Contemplated


Councillor Turiel                       Held under the Rules                                    Voted
                                                OR
                                        Moved Confirmation by RCV          YEAS NAYS            ABS

                        
Mayor’s appt. of Anthony C. O’Donnell to serve on the Cemetery Commission with a term to expire on February 1, 2013


Councillor              Suspension of the Rules                 Councillor                      Objection



Action Contemplated


Councillor Sosnowski            Held under the Rules                                    Voted
                                                OR
                                        Moved Confirmation by RCV          YEAS NAYS            ABS

        

APPOINTMENTS AND REAPPOINTMENTS


Mayor’s reappt. of Constance M. Sorenson to serve as a Constable with a term to expire on April 23, 2015



Action Contemplated



Councillor Sosnowski            Moved Recv’d & Placed on File                           Voted



COMMUNICATIONS FROM THE MAYOR

Appropriation of $10,000.00 from “Fund Balance – Free Cash” account to “Veterans Benefits” account


Councillor                      Moved suspension of rules               Councillor                      Object


Councillor McCathy

Action contemplated     

Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption                                                  Voted


ORDER: Accept a donation in the amount of $1,800.00 from Abby Burns to purchase a memorial bench at Salem Common with funds to be deposited in Recreation Donation Fund account.




Action Contemplated

Councillor McCarthy                      Moved Adoption                                       Voted
                                         



Resolution: submitted by the Mayor in support of Main Street Fairness Coalition made up of local retailers, elected officials, labor unions business associations and individuals calling for action to close the sales tax loophole.






Action Contemplated

Councillor McCarthy                      Moved Adoption                                       Voted
                                         


MAYOR’S INFORMATIONAL PAGE

NONE









MOTIONS, ORDERS, AND RESOLUTIONS


Councillor Prevey

RESOLUTION: June has been historically and civically been designated Gay Pride Month since President Clinton first declared it in June, 2000.

Action Contemplated




Councillor Prevey               Moved Adoption                                          Voted


Councillor Lovely

RESOLUTION: Bruce Spang having achieved the Eagle Scout Award

Action Contemplated




Councillor Lovely               Moved Adoption                                          Voted


Councillor Lovely

RESOLUTION: Peter Story having achieved the Eagle Scout Award

Action Contemplated




Councillor Lovely               Moved Adoption                                          Voted








MOTIONS, ORDERS, AND RESOLUTIONS

Councillor Lovely

RESOLUTION: Wesley Hildebrand having achieved the Eagle Scout Award

Action Contemplated




Councillor Lovely               Moved Adoption                                          Voted


Councillor Lovely

RESOLUTION: Jonathan Lausier having achieved the Eagle Scout Award

Action Contemplated




Councillor Lovely               Moved Adoption                                          Voted


Councillor Sosnowski

ORDINANCE: amending Traffic, Ch. 42, Sec.  8, Zones of quiet, in front of #356 Essex Street, for a radius of 200 feet, temporary zone.




Action Contemplated


Councillor Sosnowksi            Moved Adoption for first passage                Voted








MOTIONS, ORDERS, AND RESOLUTIONS

Councillor Sosnowski

ORDINANCE: amending Traffic, Ch. 42, Sec.  74, General Prohibition Towing Zones, add to  Parking Prohibitions Towing Zone, “Resident Sticker Parking” to the list of towing offenses.



Action Contemplated


Councillor Sosnowksi            Moved Adoption for first passage                Voted


Councillor Sosnowski

ORDER: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the criteria for home rule petitions for seasonal liquor licenses and that there be a temporary moratorium for suspension of any seasonal liquor license.



Action Contemplated


Councillor Sosnowksi            Moved Adoption                          Voted


Councillor Sosnowski

ORDER: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss creating a city ordinance that limits the variances issued by the Zoning Board Appeals on density variances to no more than 120% of the original zoning laws.



Action Contemplated


Councillor Sosnowksi            Moved Adoption                          Voted




MOTIONS, ORDERS, AND RESOLUTIONS


Councillor O’Keefe

ORDINANCE: amending Traffic, Ch. 42, Sec.  57A, Parking Time Limited, Unmetered Zones,  Repeal Monroe Road easterly side beginning at distance of forty (40) feet from the entrance of Pikcman Park, two (2) hour parking




Action Contemplated


Councillor O’Keefe              Moved Adoption for first passage                Voted


Councillor O’Keefe

ORDINANCE: amending Traffic, Ch. 42, Sec.  57A, Parking Time Limited, Unmetered Zones,  Repeal Lincoln Road from the property line of #18 for a distance of forty-nine (49) feet along the Pickman Park playground, Two hour parking.




Action Contemplated


Councillor O’Keefe              Moved Adoption for first passage                Voted








COMMITTEE REPORTS

COUNCILLOR Sosnowski 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 Comprehensive Parking Plan has considered said matter and would recommend that the enclosed Ordinance amendment be adopted for first passage

Accept the report                                       Voted

Adopt the recommendation                        Voted


COUNCILLOR Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of the Taxi Ordinance has considered said matter and would recommend that the enclosed Ordinance amendment be adopted for first passage

Accept the report                                       Voted

Adopt the recommendation                        Voted


COUNCILLOR Sosnowski 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 Taxi Ordinance Fee Structure has considered said matter and would recommend that the enclosed Ordinance amendment be adopted for first passage

Accept the report                                       Voted

Adopt the recommendation                        Voted


COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a $1,790,000.00 appropriation for Capital Equipment and Capital Improvement Projects 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

Invitation to Council from Firemen’s Association to Memorial Service on June 10, 2012


Action Contemplated


Councillor                              Received & Placed on File                               Voted
                                        


Request from Firemen’s Association for use of City Streets on Sunday June 10, 2012 for the Memorial Service to have New Derby St closed from Lafayette St to Klop Alley at 8:30 A.M.

Action Contemplated



Councillor                              Moved Approval                                          Voted


Request from Planet Fitness to make their temporary extended hours permanent to operate 24 hours 7 days a week


Action Contemplated


Councillor Siegel                       Moved Granted                                           Voted


Request from North Shore YMCA/Salem YMCA to hold a road race and use of city streets on July 28, 2012 at 7:00 A.M.


Action Contemplated


Councillor                              Moved Granted                                           Voted






PETITIONS

Request from Salem Park & Rec. to hold a road race and use of city streets on August 17, 2012 at 7:00 P.M.


Action Contemplated


Councillor                              Moved Granted                                           Voted


Request from B&S Fitness to hold a road race and use of city streets on September 22, 2012 at 7:00 A.M.


Action Contemplated


Councillor                              Moved Granted                                           Voted


Request from Adam Fitch to hold a road race and use of city streets on September 29, 2012 at 7:00 P.M.


Action Contemplated


Councillor                              Moved Granted                                           Voted


Request from B&S Fitness to hold a road race and use of city streets on October 27, 2012 at 8:00 A.M.


Action Contemplated


Councillor                              Moved Granted                                           Voted






                                                        PETITIONS

The following license applications:


TAG DAY                         Salem Legion Baseball, July 21, 2012 & July 22, 2012                    

Action Contemplated


Councillor Sosnowski            Moved Referred to the Committee on Ordinances,  Voted
                                        Licenses and Legal Affairs                                      


The following license applications:

PUBLIC GUIDES           Bridget Reed, 2 South Street, Salem

TAXI CAB                        Americab Taxi, 10 Jefferson Ave., Salem                 (6)

TAXI OPERATORS          Jonathan Mesa, 267 Jefferson Ave. #3, Salem
                                Eladior Pena, 414 Essex St., Salem
                                Rudy Rosario, 14 Mason St., Salem
                                Andres Espinal, 3 Heritage Dr., Salem
                                                                
VEHICLE FOR HIRE        Friendship Carriage Tours, 13 Crombie St., Salem        (2)

VEHICLE FOR HIRE        Maryann Granham, 7 March St. Ct., Salem
OPERATORS ONLY  David Butler, 16 Hunt St., Danvers
Misael Santana, 59 Harbor St., Salem
Mark Gauthier, 40 Oak Avenue, Peabody
Karen Horgan, 21 Gregg St., Beverly
Haley Smith, 65 Bailey Lane, Georgetown

                                
Action Contemplated


Councillor Sosnowski            Moved Granted                                           Voted






PETITIONS

The following license applications:

PUBLIC GUIDE            Thomas Vallor, 100 Washington St., Salem



Action Contemplated



Councillor Sosnowski            Moved Denied                                            Voted


Hearing Request from Peter White on the denial of his Public Guide License



Action Contemplated



Councillor Sosnowski            Moved Referred to Comm. on Ord., Lic. &         Voted
                                        Legal Affairs to hold an Executive Session


The Following Claims            
                Corinna Bauer, 12 Pickman St. #2, Salem
                Nathan McDonald, 57 Ocean Ave., Salem
                Gregoria Corniel, 24 Boston St., Salem
                                

Action Contemplated



Councillor Sosnowski            Moved Referred to the Committee on Ordinances,  Voted
                                        Licenses and Legal Affairs                                      







UNFINISHED BUSINESS

SECOND PASSAGE of an Ordinance amending Traffic, Chapter 42, Section 50B, Repeal “Handicap Parking Limited Time” Boston Street across from #83.

 





Councillor Ryan         Motion Adoption for Second & Final passage              Voted

______________________________________________________________________________

SECOND PASSAGE of an Ordinance amending Ch. 22 Section 34 Noise Ordinance penalties for violation of this section.


 






Councillor Sosnowski    Motion Adoption for Second & Final passage              Voted

______________________________________________________________________________

SECOND PASSAGE of an Ordinance amending Ch. 22 Section 36 Noise Ordinance Disorderly House Designation; Penalties for violation.


 






Councillor Sosnowski    Motion Adoption for Second & Final passage              Voted

______________________________________________________________________________



UNFINISHED BUSINESS



SECOND PASSAGE of an Ordinance amending Zoning Section 8.1 Flood Hazard Overlay District (FHOD)


  





Councillor Sosnowski    Motion Adoption for Second & Final passage              
                                by Roll Call Vote               
                                                                YEAS            NAYS            ABSENT





______________________________________________________________________________












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