“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,
September 8, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on September 1, 2011 at 6:40 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.
A request from Doug Bollen, Director of Park, Recreation & Community Services to allow the Kernwood Scholarship Committee to award the Kernwood scholarships to the recipients.
Councillor moved suspension of the rules Voted
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
Mayor’s reappt. of the following to serve as members of the Zoning Board of Appeals with the following terms to expire
Rebecca Curran, 14 Clifton Ave., Salem Term to Expire: May 1, 2013
James Tsitsinos, 55 Lawrence St., Salem (Alt. Member) Term to Expire: May 1, 2013
Action Contemplated
C. Moved Confirmation by RCV YEAS NAYS ABS
Mayor’s reappointment of the following to serve as members of the Conservation Commission with the following terms to expire
David Pabich, 8 Harborview Ter., Salem Term to Expire: March 1, 2014
Daniel Ricciarelli, 397 Essex St., Salem Term to Expire: December 3, 2013
Action Contemplated
C. Moved Confirmation by RCV YEAS NAYS ABS
Mayor’s appointment and reappointment of the following to serve as Constables with the following terms to expire
John V. Gilchrist Jr., 1 Tremont Place, Salem Term to Expire: August 17, 2012
Deborah A. Robinson, 8 N. Central St. #5, Peabody Term to Expire: September 8, 2012
Kyle N. Wheaton, 15 Leicester St., N. Oxford Term to Expire: August 11, 2014
Action Contemplated
C. Lovely Moved Recv’d & Filed Voted
COMMUNICATIONS FROM THE MAYOR
Appropriation of $24,582.31 from “Retirement Stabilization Fund” to be expended for vacation/sick leave buyback for the retirement of Richard Drew of the Golf Course.
Councillor McCarthy Suspension of Rules Councillor Object
Councillor McCarthy Moved Ref. to Committee on Administration Voted & Finance under the rules
Appropriation of $13,425.24 from “Retirement Stabilization Fund” to be expended for vacation/sick leave buyback for the retirement of Cynthia Barber of the Police Dept.
Councillor McCarthy Suspension of Rules Councillor Object
Councillor McCarthy Moved Ref. to Committee on Administration Voted & Finance under the rules
Accept donation of $4,500.00 from the following to the Essex County Summer Camp Fund
Town of Swampscott $1,000.00
Town of Danvers $1,000.00
Saugus Police Dept. $2,500.00
Total $4,500.00
Action contemplated
Councillor McCarthy Moved Approval Voted
COMMUNICATIONS FROM THE MAYOR
Order to accept Mass. General Law Ch. 44, Sec. 53E ½ to establish a revolving fund for the Health Department Clinics.
Councillor McCarthy Moved Adoption Voted
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Mayor submitting an Ordinance amending Ch. 12, Article II Maintenance of Structures and Property
Councillor Lovely Moved Adoption for first passage Voted
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MAYOR’S INFORMATIONAL PAGE
NONE
MOTIONS, ORDERS, AND RESOLUTIONS
Councillor McCarthy
ORDER: That the Monthly Financial Report dated July 31, 2011 be referred to the Committee on Administration and Finance.
Action contemplated
COUNCILLOR McCarthy Moved Approval Voted
Councillor Sosnowski
ORDINANCE amending Traffic , General Towing Zone on Federal Street in front of #76, One Hour Parking 9:00 AM to 5:00 PM, Monday through Friday.
Action contemplated
Councillor Sosnowski Moved Adoption for first passage Voted
Councillor Ryan
ORDINANCE amending Traffic, Resident Sticker Parking, Hanson Street odd side between Butler and Boston St.
Action contemplated
Councillor Ryan Moved Adoption for first passage Voted
COMMITTEE REPORTS
COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs regarding granting certain licenses and would recommend approval
PUBLIC GUIDES Michelle Dixon, 4 Linwood Ave., Peabody
Jeff Bellin, 396 Essex St., Salem
SECOND HAND
VALUABLE R.A. DiFillipo Antiques, 55 Lafayette St., Salem
TAXI OPERATOR Arthur Buendia, 23 Calumet St., Peabody
Douglas Pierce, 82 McCormack Ave., Medford
Peter Manusity, 409 Rantoul St., Beverly
Shane Davis, 72 Barstow St., Salem
VEHICLE FOR HIRE
OPERATORS ONLY Will Pasquina, 211 River Road., W. Newbury
Kevin Whitehead, 57 Sherwood Ave., Danvers
Howard Land, 69 Plymouth Ave., Swampscott
Howard Jeffrey, 14 Proctor St., Gloucester
Karen Horgan, 21 Gregg St., Beverly
Accept the report Voted
Adopt the recommendation Voted
COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of an Ordinance amendment for Unregistered Vehicles and would recommend adoption of the Ordinance for first passage.
Accept the report Voted
Adopt the recommendation Voted
COMMITTEE REPORTS
COUNCILLOR Lovely 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 following matters and would recommend that they be discharged from Committee
#258 WWII Memorial for Philias Verrette
#31 Public Guide License for Daniel Rodgers
#159 Ordinance for School Committee Compensation
#237 Ordinance for Second Hand Valuable
#217 Ordinance for Licensing Board Clerk
#274 Ordinance for painted yellow line down Washington Street
Accept the report Voted
Adopt the recommendation Voted
COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of amending an Ordinance permitting of Outdoor Cafes in Urban Renewal District and would recommend the Ordinance be amended for first passage.
Accept the report Voted
Adopt the recommendation Voted
COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of temporary suspension of Fortunetelling Licenses would recommend shall not be in effect for the issuance of Fair licenses and for the renewal of licenses which will expire in 2011. Temporary suspension of all other licenses shall remain in effect.
Accept the report Voted
Adopt the recommendation Voted
COMMITTEE REPORTS
COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of the new parking program would recommend the matter be referred to the Committee on Community and Economic Development.
Accept the report Voted
Adopt the recommendation Voted
COUNCILLOR Pinto offered the following report for the Committee on Public Health, Safety & Environment co-posted with the Committee of the Whole regarding various issues on Franklin Street and would recommend that the matter remain in committee.
Accept the report Voted
Adopt the recommendation Voted
COUNCILLOR Pinto offered the following report for the Committee on Public Health, Safety & Environment co-posted with the Committee of the Whole regarding the status of the proposed gas station at 111 North Street would recommend the matter remain in Committee.
Accept the report Voted
Adopt the recommendation Voted
COMMUNICATIONS FROM CITY OFFICIALS
Communication from Solicitor Rennard to take proper steps to remove Eaton Place from the list of accepted Streets.
Councillor Lovely Moved to Ref. to the Committee on Ordinances Voted
Licenses & Legal Affairs to hold a Public Hearing
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PETITIONS
Petition from Comcast for a Conduit on Gedney Street
Action Contemplated
HEARING ORDERED SEPTEMBER 22, 2011
Petition from John Harvey owner of Tony Lena’s, 1 Boston St. for extended hours of operation on Thursday, Friday and Saturday until 2:00 A.M.
Action Contemplated
Public Hearing Ordered September 22, 2011
Request from residents of Forrester St. to hold a block party on Saturday, September 17, 2011 from 2:00 P.M. to 8:00 P.M. with a rain date of Sunday, September 18, 2011
Action Contemplated
COUNCILLOR SOSNOWSKI Moved Granted VOTED
Request from residents of Lee St. to hold a block party on Saturday, September 24, 2011 from 10:00 A.M. to 11:00 P.M. with a rain date of Sunday, September 25, 2011
Action Contemplated
COUNCILLOR PREVEY Moved Granted VOTED
PETITIONS
Request from North Shore Medical Center to hold their annual Cancer Walk and Road Race and the closing of Derby and Lafayette Streets on Sunday, June 24, 2012
Action Contemplated
COUNCILLOR Moved Granted VOTED
Request from B&S Fitness for use of city streets to hold a road race on October 1, 2011 at
6:30 P.M.
Action Contemplated
COUNCILLOR Moved Granted VOTED
The Following Licenses:
PUBLIC GUIDES Lindsey Philbrook, 109 Farm St., Wakefield
Robert Haven, 67 Tremont St. Salem
Corey Chouinard, 67 Tremont St., Salem
Barbara West, 181 North St. #107, Salem
Kimberly Bizjak, 190 Bridge St. #5101, Salem
Jeffrey Foley, 128 Bridge St., Salem
Nicole Hanscom, 5 Osborne St., Salem
Kimberly Shields, 26 Walter St., Salem
SECOND HAND
VALUABLE Botaniea San Miguel, 115 Lafayette St., Salem
TAG DAY Class of 2012, October 2, 2011
Action contemplated
COUNCILLOR LOVELY Moved Ref. to the Comm. on Ord., VOTED
Licenses & Legal Affairs
PETITIONS
The Following Licenses:
LIMOUSINE Salem Community Transport Services, 56 Margin St., Salem (1)
TAXI OPERATORS Ike Silverhardt, 58 Essex St., Beverly
Jose Collodo, 46 Peabody St., Salem
Pedro Tapia, 67 Tudor St., #23, Lynn
Christina MacMaster, 5 Holten St., Peabody
Cirico Brache, 57 Harbor St. #32, Salem
Michelle Haddow, 4 Horton St. #2, Salem
Camilo Divanne, 113 Loring Ave., Salem
Jose Cerda, 38 Prince St., Salem
Jamie Carbone, 15 Bertuccio Ave., Salem
Camarqui Cerda, 78 Palmer St., Salem
Elizabeth Mullen, 2 Lowe St. #3, Peabody
VEHICLE FOR HIRE Misael Santana, 59 Harbor St., Salem
OPERATORS ONLY
Action Contemplated
COUNCILLOR LOVELY Moved Granted VOTED
The Following Licenses:
TAXI OPERATORS Renee Gubitori, 117 Lafayette St. #214, Salem
Action Contemplated
COUNCILLOR LOVELY Moved Denied VOTED
PETITIONS
The Following Drainlayer/Contract Operator License(s):
Precision Remodeling, 30 Sewall St.,, Marblehead
Action Contemplated
COUNCILLOR LOVELY Moved Granted VOTED
The Following Claims:
Gemma Caron, 10 Oak View Ave., Salem
Kathy Chapman (Rockett Manangement), 23 Congress St., Salem
James Barina, 5 Hancock St., Salem
Phyllis Wood, 4411 SE 52nd Ave., Portland, OR
Jaime Harrison, Trustee Newhall Condo Trust, 78 Washington Sq., Salem
Julie Garnett/Afonso Nascimento, 31D First St., Salem
Dianne Kinnon, 9 Parallel St., Salem
William Griset, Jr., 153 Fort Ave., Salem
Stephanie Spiridakis, 46 Broad St. #2, Salem
James Jervinis, 393 Essex St., Salem
SUBROGATED
Barry Feinstein &Affiliates (for Lawanda Mimms), 100 Lowell St., Peabody
Barry Feinstein &Affiliates (for Lawanda Mimms), 100 Lowell St., Peabody
Doucette & LaRose, LLC (for Mass Electric) 251 Main St., Oxford
Atty. Donald Greenough (for Frank Livas, Jr.) 57 South Main St., Ipswich
Action Contemplated
COUNCILLOR LOVELY Moved Refer to Comm. on Ord.,
Licenses & Legal Affairs VOTED
PETITIONS
The Following Bond:
CONSTABLE: John V. Gilchrist Jr., 1 Tremont Place, Salem
Deborah A. Robinson, 8 N. Central St. #5, Peabody
Kyle N. Wheaton, 15 Leicester St., N. Oxford
DRAINLAYER: Precision Remodeling, 30 Sewall St.,, Marblehead
SIGN: The Pig Next Door, 142 Derby St., Salem
Action Contemplated
COUNCILLOR LOVELY Moved Refer to Comm. on Ord.,
Licenses & Legal Affairs & Rtn Appvd VOTED
UNFINISHED BUSINESS
SECOND PASSAGE – Ordinance amending Traffic, Handicap Parking, Irving Street
Councillor Prevey Moved second and final passage Voted
SECOND PASSAGE – BOND ORDER for the sum of $40,973,953.00 for energy efficiency improvements to the Collins Middle School
Councillor McCarthy Moved adopted for second and final passage by roll call vote
YEAS NAYS ABSENT
Councillor Moved for immediate reconsideration in the hopes it would not
Prevail
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SECOND PASSAGE – BOND ORDER for the sum of $15,628,406.00 for energy efficiency improvements to the Saltonstall School
Councillor McCarthy Moved adopted for second and final passage by roll call vote
YEAS NAYS ABSENT
Councillor Moved for immediate reconsideration in the hopes it would not
Prevail
______________________________________________________________________________
UNFINISHED BUSINESS
SECOND PASSAGE – BOND ORDER for the sum of $1,400,000.00 to pay costs of environmental remediation at McGrath Park
Councillor McCarthy Moved adopted for second and final passage by roll call vote
YEAS NAYS ABSENT
Councillor Moved for immediate reconsideration in the hopes it would not
Prevail
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On the motion of COUNCILLOR the meeting adjourned at P.M.
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