“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,
December 8, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on December 2, 2011 at 9:51 A.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.
PUBLIC TESTIMONY
Public Testimony not to exceed 15 minutes
Name must be on roster 30 minutes prior to meeting
Agenda items only
HEARINGS
Public Hearing on the petition from Planet Fitness, 29 Trader’s Way, for extended hours of operation. New hours to be Sunday through Saturday 12:01 A.M. to 12:00 A.M. (24 hours, 7 days a week)
IN FAVOR:
OPPOSED:
HEARING CLOSED:
Action Contemplated
Councillor Moved Voted
HEARINGS
Public Hearing on the issue of allocating the local property tax levy among the four (4) property classes for the fiscal year of 2012, and the residential, open space, and small commercial exemption options.
President Ryan then turned the Public Hearing over to the Board of Assessors.
APPOINTMENTS AND REAPPOINTMENTS
Mayor’s appointment and re-appointment of the following to serve as Constables with the following terms of expiration
Giovanni Bloise-Freyre, 20 Bradford St., Bradford
Elvin Rodriguez, 4 Holly St., Salem
Johanna Rodriguez, 4 Holly St., Salem
Action Contemplated
C. Lovely Moved Recv’d & Filed Voted
COMMUNICATIONS FROM THE MAYOR
Appropriation of $1,000,000.00 from “Fund Balance Reserved for Appropriations – Free Cash” to reduce the gross amount to be raised by taxation when FY 2012 tax rate is set.
Councillor suspend rules Councillor object
Councillor Moved Adoption Voted
Appropriation of $997,042.00 from the following “Receipts Reserved for Appropriations” accounts to reduce the gross amount to be raised by taxation when FY 2012 tax rate is set.
Receipts Reserve – Witch House $183,226.00
Receipts Reserved – Golf Course-WI $528,158.00
Receipts Reserved – Harbormaster $231,658.00
Councillor suspend rules Councillor Object
Councillor Moved Adoption Voted
Appropriation of $31,725.00 from “Receipts Reserved – Sale of Lots” account to “Public Services Equipment” account.
Councillor suspend rules Councillor Object
Councillor Moved Adoption Voted
COMMUNICATIONS FROM THE MAYOR
Appropriation of $25,000.00 from “Receipts Reserved – Golf Course” account to “Golf Course - Irrigation” account.
Councillor suspend rules Councillor Object
Councillor Moved Adoption Voted
Appropriation of $9,060.07 from “Receipts Reserved – Sale of Vaults” account to “Public Services - Equipment” account.
Councillor suspend rules Councillor Object
Councillor Moved Adoption Voted
ORDER: That the Mayor and City Council accept the provisions of Sec. 4 Ch. 73 of the Acts of 1986 for FY 2012, and for additional tax exemptions to be granted to widows, elderly, veterans and blind property owners.
Councillor Moved Adoption by roll call vote
YEAS NAYS ABS
COMMUNICATIONS FROM THE MAYOR
ORDER: Accept donation in the amount of $6,200.00 from Kernwood Country Club for the Police Donation Fund
Councillor Moved Adoption Voted
ORDER: Accept Mass. General Law Ch. 44 Sec. 53E ½ to establish a revolving account for Salem High School Automotive.
Councillor Moved Adoption Voted
MAYOR’S INFORMATIONAL PAGE
NONE
MOTIONS, ORDERS, AND RESOLUTIONS
Councillor McCarthy
Determination of the percentages of total taxes to be borne by the four (4) classes of property.
Action contemplated
Councillor Moved that the City of Salem adopt a RESIDENTIAL FACTOR
Of _______________% for fiscal year 2012
Roll call vote YEAS NAYS ABSENT
Councillor Moved for immediate reconsideration in the hopes it would not prevail -
Councillor McCarthy
OPEN SPACE EXEMPTION
Councillor Moved that the City of Salem NOT adopt an OPEN SPACE EXEMPTION for fiscal year 2012.
Roll call vote YEAS NAYS ABSENT
Councillor Moved for immediate reconsideration in the hopes it would not prevail -
MOTIONS, ORDERS, AND RESOLUTIONS
Councillor McCarthy
RESIDENTIAL EXEMPTION
Councillor Moved that the City of Salem NOT adopt a RESIDENTIAL EXEMPTION for fiscal year 2012.
Roll call vote YEAS NAYS ABSENT
Councillor Moved for immediate reconsideration in the hopes it would not prevail –
Councillor McCarthy
SMALL COMMERICAL EXEMPTION
Councillor Moved that the City of Salem NOT adopt a SMALL COMMERCIAL EXEMPTION for fiscal year 2012.
Roll call vote YEAS NAYS ABSENT
Councillor Moved for immediate reconsideration in the hopes it would not prevail –
MOTIONS, ORDERS, AND RESOLUTIONS
Councillor Sosnowski
Resolution: Retirement of Veteran’s Agent Jean-Guy Martineau.
Action contemplated
Councillor Sosnowski Moved Adoption Voted
Councillor Ryan
ORDER: That the City Council and School Committee accept nominations for the vacancy on the School Committee that must be filed with the City Clerk by Thursday, December 15, 2011. And that a joint convention of the City Council and School committee be held in the Council Chambers on Tuesday, January 3, 2012 at 6:30 PM for the purpose of electing a school committee member.
Action contemplated
Councillor Ryan Moved Adoption Voted
Councillor McCarthy
ORDER: That the monthly Financial Report dated October 31, 2011 be referred to the Committee on Administration and Finance.
Action contemplated
Councillor McCarthy Moved Adoption 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 Abigail Perrine, 117 Alexander Ave., Medford
Jared Perrine, 117 Alexander Ave., Medford
Michael Metzger, 25 Shepard St., Marblehead
Richard Metzger, 25 Shepard St., Marblehead
Susan Metzger, 25 Shepard St., Marblehead
Herb Van Dam, 361 Lafayette St., Salem
Robert Woodward, 56 Hatherly Rd., Rockland
Frances Marrow, 12 Strawberry Hill Lane, Danvers
Nancy Sweeter, 60 Burley St., Danvers
Douglas Sabin, 34 Northey St., Salem
Hannah Diozzi, 20 Pleasant St., Salem
Ruth G. Wall, 13 Crombie St., Salem
Michael Newberg, 21 Brook Rd., Marblehead
Spencer Riley, 18 Pawtucket Blvd, Tyngsboro
Serra Langone, 283 Derby St., Salem
Jeffrey Langone, 283 Derby St., Salem
Brad Biscornet, 24 Pawtucket Blvd., Tyngsboro
SEAWORMS Joe Mendonca, 22 Spring St., Peabody
Alexandrino DaSilva, 37 Harris St., Peabody
Eutimio Cunha, 89 Tremont St., Peabody
Armando Borges, 7 Union St., Peabody
Alaide Picanco, 85 Tremont St., Salem
Manuel Carroca, 12 Union St., Peabody
Jose Machado, 3 Emmett St., Peabody
Luis Dos Santos, 57 Central St., Peabody
SECOND HAND Boston St. Resale, 134 ½ Boston St., Salem
CLOTHING Modern Millie, 3 Central St., Salem
Re-Find, 72 Washington St., Salem
LICENSES CONT’D NEXT PAGE
LICENSES CONTINUED
SECOND HAND Bernard’s Jewelers, 179 Essex St., Salem
VALUABLES Europa LTD, 3 Hawthorne Blvd., Salem
Filigree & Fancy, Pickering Wharf, Salem
Game Stop, 440 Highland Ave., Salem
Game Zone, 270 Essex St., Salem
Glass & Etc., Museum Place Mall Suite 129, Salem
Marine Arts Garlleries, 135 Essex St., Salem
The Record Exchange, 256 Washington St., Salem
R.J. Coins, 72 Wharf St., Salem
Salem Coin & Jewelry, 149A North St., Salem
Tobie’s Jewelry, 142 Washington St., Salem
Treasures Over Time, 139 Washington St., Salem
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 the Committee of the Whole the matter of Ch. 2, S. 502 regarding a separate vote by City Council for any tax increase up to 2 ½ % has considered said matter would recommend no recommendation
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 the Committee of the Whole regarding the matter of Home Rule Petition criteria for Liquor Licenses, has considered said matter and would recommend that the matter remain in committee and the Solicitor continue to work on HRP criteria with subcommittee based on comments from meeting
Accept the report Voted
COMMITTEE REPORTS
COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a taxi hearing for Kenneth Mason has considered said matter and would recommend that the taxi operator speak with Officer page to determine a new date if necessary.
Accept the report Voted
Adopt the recommendation Voted
COUNCILLOR Lovely 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 Taxis has considered said matter and would recommend that the matter remain in committee to allow the City Solicitor to make changes as discussed in Committee.
Accept the report Voted
Adopt the recommendation Voted
COUNCILLOR Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs regarding matters to be carried forward and would recommend that Rule 31B be suspended to allow the following be brought forward into 2012:
#158 of 2007 /#92 of 2009/ #226 of 2009/ #608 of 2009 – Tinkers Island (co-posted)
#468 of 2010 - Home Rule Petition Criteria for additional Liquor Licenses (co-posted)
#500 of 2010 – Public Guide Licenses – Review and Discuss Ordinance
#154 - Resident Parking on Derby St. (co-posted)
#275 - Review Rules regarding seasonal liquor licenses
#489 – Temporary Suspension of Fortunetelling Licenses
#533 – Ordinance Amending Ch. 12, Maintenance of Structures & Property (co-posted)
#534 – Ordinance Amending Ch. 37 Stormwater Management
#550 – Removing Eaton Place from accepted street listing (co-posted)
#592 – John Femino’s email regarding Lifebridge and Second Chance Thrift Shop
#662 – Review Rules and Regs for rooming houses (co-posted)
#630 – Meet to assess speed zones on Swampscott Rd. and Whaler’s Lane
#698A – Ordinance Amending Taxis
Accept the report Voted
Adopt the recommendation Voted
COMMITTEE REPORTS
COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance regarding an appropriation in the amount of $1,624,674.00 from “General Fund – Free Cash” to Special Revenue Funds -Stabilization, Capital Improvement & OPEB Trust Fund (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 on Administration and Finance regarding an appropriation in the amount of $421,877.00 from “Public Services-Renovations & Repairs for Streets & Sidewalks” to be funded when FY2012 Tax Rate is set (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 on Administration and Finance to whom was referred matters in Committee has considered said matter and would recommend that rule 31B be suspended and matters brought forward into 2012 (list not available at the time of agenda deadline)
Accept the report Voted
Adopt the recommendation Voted
COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with Committee of the Whole to whom was referred the matter of providing tax relief for residential tax payers who convert a multi family structure back to its original as built status has considered said matter and would recommend that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs for their review.
Accept the report Voted
Adopt the recommendation Voted
COMMITTEE REPORTS
Councillor Sargent offered the following report for the Committee on Community and Economic Development regarding matters to be carried forward and would recommend that Rule 31B be suspended to allow the following be brought forward into 2012:
#202 – Meet to discuss Buffer Zones; #349 – Meet to discuss installation of security cameras at the Tot Lot playground area in the Salem Commons; #629 – Meet regarding putting Solar Panels on the two Parking Garages; #671 – Meet to discuss LED lights in the street lights and other city owned lighting in Salem; #672 Meet to discuss residents affected by heavy flooding and the disposal at the Transfer Station
Accept the report Voted
Adopt the recommendation Voted
Councillor Sargent offered the following report for the Committee on Community and Economic Development to whom was referred the matter of Buffer Zone issues has considered said matter and would recommend that this matter be carried over into 2012 and forming a subcommittee to study this issue
Accept the report Voted
Adopt the recommendation Voted
Councillor Ryan offered the following report for the Committee of the Whole regarding matters to be carried forward and would recommend that Rule 31B be suspended to allow the following be brought forward into 2012:
#96 – Meet to discuss forming a sub-committee to find a site/design and way to finance a new city hall annex; #187 – Consider amending Council Rules regarding suspension of the rules to allow Mayor or rep to speak; #382 – Request non-profit organizations within the City of Salem make a one time cash donation for the purchase of an aerial ladder fire truck; #644 – Request from Bruce Saunders for Council to consider article on registered sex offenders; #694 – Meet with School Committee regarding the downgrade of the Bentley School
Accept the report Voted
Adopt the recommendation Voted
COMMUNICATIONS FROM CITY OFFICIALS
NONE
PETITIONS
The Following Licenses:
JUNK DEALER Frederic Hutchinson, 15 Robinson Rd., Salem
PUBLIC GUIDES Gordon Lothrop, 12 Fairfield St., Salem
Seth Kanner-Mascolo, 40 English St., Salem
Corey Chouinard, 67 Tremont St., Salem
Kimberly Bizjak, 190 Bridge St. #5101, Salem
Cheryl McDonald, 61 Pierce Ave., Dorchester
SEAWORMS Analiano Silva, 25 Driscoll St., Peabody
Manuel N. Silva, 80 Northend St., Peabody
Manuel P. Silva, 52 Paleologos St., Peabody
TAG DAYS S.H.S. Gymnastics, January 12, 2012, Feb. 5, 2012, & Feb. 19, 2012
S.H.S. Drama Club, January 21, 2012
S.H.S. Percussion, February 25, 2012
S.H.S. Field Hockey September 22, 2012
S.H.S. Field Hockey October 6, 2012
Action contemplated
COUNCILLOR LOVELY Moved Ref. to the Comm. on Ord., VOTED
Licenses & Legal Affairs
The Following Licenses:
TAXI OPERATORS Desi Matias, 57 Harbor St., Salem
Donald Lamontague, 12 Sabino Rd., Peabody
Jeffrey Jeppson, 5 Taft Ave., Beverly
Bernard Paul Edusei 25 Clinton St., Lynn
Action Contemplated
COUNCILLOR LOVELY Moved Granted VOTED
PETITIONS
The Following Licenses:
TAXI OPERATOR Curtis Lomax, 8 Chase St., Lynn
Action Contemplated
COUNCILLOR LOVELY Moved Denied VOTED
Hearing Request from Curtis Lomax on the denial of his taxi operator licenses
Action Contemplated
COUNCILLOR LOVELY Moved Referred to Comm. on Ord. Lic. & VOTED
Legal Affairs to hold an Executive Session
The Following Licenses:
DRAINLAYERS Atlantic Paving, 119R Foster St. Bldg #14, Peabody
Bartlett & Steadman Co., 67R Village St., Marblehead
Caruso Corp., 320C Charger St., Revere
Caruso & McGovern Construction, 1 Industrial Way, Georgetown
DeIulis Brothers Construction, 31 Collins St. Terr., Lynn
E.B. Rotondi, 21 Manison St., Stoneham
EQ Enterprise, 452 Essex St., Beverly
J. Masterson Construction Corp., 46 Prince St., Danvers
J.J. O’Brien & Sons, 5 Fern St., Waltham
James W. Flett Co., 800 Pleasant St., Belmont
N. Granese & Sons, 18 Yorkshire Rd., Marblehead
Precision Remodeling, 30 Sewall St., Marblehead
R.B. Strong Excavating &Sewerage, 122 Western Ave., Gloucester
DRAINLAYERS CONTINUED
NEXT PAGE
PETITIONS
DRAINLAYERS CONTINUED
TDS, Inc., 2 Peter Dr., Sterling
Thomas Mackey & Sons, 58 Broadway, Salem
Village Construction, 190 Pleasant St., Marblehead
Action Contemplated
COUNCILLOR LOVELY Moved Granted VOTED
The Following Claims:
Timothy Clifford, 4 Beacon St., Danvers
Dexter McKenzie, 7 Hanover Circle, Lynn
Action Contemplated
COUNCILLOR LOVELY Moved Refer to Comm. on Ord.,
Licenses & Legal Affairs VOTED
The Following Bonds:
CONSTABLE Giovanni Bloise-Freyre, 20 Bradford St., Bradford
DRAINLAYER Atlantic Paving, 119R Foster St. Bldg #14, Peabody
J.J. O’Brien & Sons, 5 Fern St., Waltham
Action Contemplated
COUNCILLOR LOVELY Moved Refer to Comm. on Ord.,
Licenses & Legal Affair & Rtnd Approved VOTED
UNFINISHED BUSINESS
SECOND PASSAGE – Ordinance amending Traffic, Ch. 42 Sec. 49 “Obedience to Isolated Stop Signs” Pratt Street
Action Contemplated
Councillor Pelletier Moved Adoption for second & final passage Voted
SECOND PASSAGE – Ordinance amending Traffic, Ch. 42 Sec. 50B, “Handicapped Zone, Limited Time” Flint Street
Action Contemplated
Councillor Prevey Moved Adoption for second & final passage Voted
On the motion of Councillor the meeting adjourned at P.M.
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