A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 11, 2008 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 4, 2008 at 6:27 P.M.
Councillor Prevey was recorded as absent.
Council President Michael Sosnowski presided.
Councillor Pelletier moved to dispense with the reading of the record of the previous meeting.
It was so voted.
Councillor O’Keefe requested and received unanimous consent to suspend the rules to have a moment of silence for the victims of 911.
President Sosnowski requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Furey requested and received unanimous consent to suspend the rules to allow the Mayor to speak.
#498 – MAYOR’S HALLOWEEN UPDATE
Mayor Kimberley Driscoll gave an update on the Halloween Plans and the Wharf project.
#499 – CONDUITS ON HAROR VIEW TERRACE
A hearing was held on the petition from National Grid for three conduits on Harbor View Terrace. Appearing in favor, Sabhita Mahabier-Sheehy representative for National Grid. Councillor O’Keefe requested that National Grid give adequate service to this street. There was no one recorded as opposed. The hearing was closed. Councillor O’Keefe moved that the request be granted. It was so voted.
#500 – APPT. OF ANDREW MEEGAN TO AFFORDABLE HOUSING TRUST FUND BOARD
The Mayor’s appointment of Andrew Meegan to serve as a member of the Affordable Housing Trust Fund Board of Trustees for a term to expire September 1, 2011 was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Mr. Meegan to speak.
#501 – APPT. OF WILLIAM PECK TO THE BIKE PATH COMMITTEE
The Mayor’s appointment of William Peck to serve as a member of the Bike Path Committee for a term to expire September 1, 2011, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Mr. Peck to speak.
#502 – APPT. OF DEBRA LOBSITZ TO THE COMMISSION ON DISABILITIES
The Mayor’s appointment of Debra Lobsitz to serve as a member of the Commission on Disabilities for a term to expire July 1, 2011, was held under the rules until the next meeting of September 25, 2008.
#503 – APPT. OF DOMINGO ALVAREZ TO THE COUNCIL ON AGING BOARD OF DIRECTORS
The Mayor’s appointment of Domingo Alvarez to serve as a member of the Council on Aging Board of Directors for a term to expire September 1, 2011, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
Councillor Pinto requested and received unanimous consent to suspend the rules to allow Mr. Alvarez to speak.
#504 – APPT. OF JOANNE MCCREA TO THE HISTORIC DISTRICT COMMISSION
The Mayor’s appointment of Joanne McCrea to serve as an alternate member of the Historic District Commission for a term to expire September 1, 2011, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
Councillor Pinto requested and received unanimous consent to suspend the rules to allow Ms. McCrea to speak.
#505 – APPT. OF JIMMY TSITSINOS AS AN ALTERNATE MEMBER OF THE ZONING BOARD OF APPEALS
The Mayor’s appointment of Jimmy Tsitsinos to serve as an alternate member of the Zoning Board of Appeals for a term to expire May 1, 2010, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
Councillor McCarthy requested and received unanimous consent to suspend the rules to allow Mr. Tsitsinos to speak.
#506 – REAPPTS. TO THE BEAUTIFICATION COMMITTEE
The Mayor’s reappointment of the following to serve as members of the Beautification Committee with the following terms was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
Thomas Moran Term to Expire: July 1, 2011
Sandra Power Term to Expire: September 1, 2011
#507 – REAPPTS. TO THE BIKE PATH COMMITTEE
Mayor’s reappointment of the following to serve as members of the Bike Path Committee with the following terms was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
Jeff Bellin Term to Expire: July 1, 2011
Dan Shuman Term to Expire: September 1, 2011
#508 –#509 - CONSTABLE
The Mayor’s appointments of the following to serve as Constables was received and placed on file.
Donald Famico, 74 addressStreetProctor St., CitySalem Term to Expire: August 14, 2009
Ilya Kotov, 505 Paradise Rd., Swamscott Term to Expire: July 11, 2009
Councillor O’Keefe recused himself and left the Council Chamber.
#510 – APPT. & REAPPT. TO THE BOARD OF REGISTRAR OF VOTERS
Received after the deadline of Tuesday Noon under suspension of the rules.
The Mayor’s reappointment of Philip Saindon to serve as a member of the Board of Registrar of Voters for a term to expire March 31, 2010, was confirmed by a roll call vote of 9 yeas, 0 nays, 1 absent, 1 present. Councillors Furey, Lovely, McCarthy, Pelletier, Pinto, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as absent. Councillor O’Keefe was recorded as present.
The Mayor’s appointment of Charles Barton to serve as a member of the Board of Registrar of Voters for a term to expire March 31, 2011, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
Councillor Ryan requested and received unanimous consent to suspend the rules to allow Mr. Barton to speak.
The Mayor’s appointment of Ralph Swanson to serve as a member of the Board of Registrar of Voters for a term to expire March 31, 2009, was held under the rules until the next meeting of September 25, 2008.
#511 - APPR. TO BE EXPENDED FOR RETIREMENTS IN THE SCHOOL DEPARTMENT
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of One Hundred and Forty-Six Thousand Six Hundred and Five Dollars ($146,605.00) is hereby appropriated from the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for the School Department in accordance with the recommendation of Her Honor the Mayor.
Linda Blair School $20,644.00
Charles Maihos School $26,431.00
Edna Thompson School $19,221.00
Kathleen Connolly School $27,524.00
Barbara Robinson School $27,524.00
Winifred Rogers School $25,261.00
#512 – APPR. TO BE EXPENDED FOR RETIREMENT IN THE PUBLIC SERVICES DEPARTMENT
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Nineteen Thousand Five Hundred and Seventeen Dollars and Twenty-Six Cents ($19,517.26) is hereby appropriated from the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for retirement of individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.
Marilyn Ostalkiewicz Public Services 14,445.08
Robert Bell Public Services 5,072.18
#513 – TRANSFER TO PARK & RECREATION – GROUND MAINTENANCE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Four Thousand Five Hundred Dollars ($4,500.00) is hereby appropriated from the “Receipts Reserved – Salem Common” account to the “Park & Recreation Ground Maintenance” account in accordance with the recommendation of Her Honor the Mayor.
#514 – ACCEPT DONATION FROM KERNWOOD COUNTRY CLUB
The following Order, recommended by the Mayor, was adopted.
ORDERED: Accept a donation from Kernwood Country Club in the amount of $6,925.00 to the City’s Fire Department which will be used to purchase a trailer for the purpose of organizing, storing and delivering rescue equipment to the scene of an emergency.
#515 – ACCEPT DONATION FROM AGGREGATE INDUSTRIES
The following Order, recommended by the Mayor, was adopted.
ORDERED: To accept the following donation to sponsor this year’s July 4th event and festivities from Aggregate Industries in the amount of $2,500.00.
#516 – ACCEPT DONATION FROM 276 HIGHLAND AVENUE LLC
The following Order, recommended by the Mayor, was adopted.
ORDERED: To accept a donation from 276 Highland Avenue LLC in the amount of $1,295.00 to be used to fund beautification efforts adjacent to 276 Highland Avenue.
#517 – ADOPT M.G.L. CHAPTER 44, SECTION 64
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the City Council adopt Massachusetts General Law Chapter 44, Section 64, which allows for payment of bills incurred in excess of appropriations. This Massachusetts General Law allows for a municipality to pay for prior fiscal year invoices using current fiscal year appropriations by two thirds vote of the City Council.
#518 – HOME RULE PETITION TO NAME BRIDGE STREET BYPASS ROAD
The following Order, recommended by the Mayor, was referred to the Committee of the Whole.
ORDERED: That a petition to the General Court, accompanied by a bill as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate of House of Representatives which conform to intent of this home rule petition:
AN ACT Designating the new Bridge Street Bypass Road in Salem as the “North River Greenway.”
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. The Bridge Street Bypass Road in Salem shall be designated and known as the North River Greenway. The department of highways shall erect and maintain such suitable markers bearing such designation in compliance with the standards of the department.
Section 2. This act shall take effect upon its passage.
#519 – RESOLUTION: PUBLIC WORKS ECONOMIC PROGRAM
The following Resolution, recommended by the Mayor, was adopted by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Ryan, Sargent and Veno were recorded as voting in the affirmative. Councillor Sosnowski was recorded as voting in the negative. Councillor Prevey was recorded as absent.
Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
RESOLUTION:
WHEREAS: The Public Works Economic Development Program is a program offered through the Massachusetts Executive Office of Transportation and Public Works; and
WHEREAS: The goals of this program include establishing commercial facilities; creating long term employment opportunities, positively impacting the local tax base, leveraging a high ration of private investment, and strengthening the partnership between public and private sectors; and
WHEREAS: These goals are compatible with our City’s interest and goals related to economic development;
WHEREAS: This program will fund design and construction of public infrastructure, including roads, curbing, sidewalks, lighting, traffic control equipment, and streetscape improvements; and
WHEREAS: The City of Salem has identified the intersections of Lafayette and Harbor Streets and Washington and Lafayette Streets as congested and hazardous; and
WHEREAS: A public hearing was held on September 9, 2008;
NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby votes to authorize the Mayor to submit a Public Works Economic Development grant application to the Executive Office of Transportation and Public Works in an amount up to One Million Dollars ($1,000,000.00) for roadway, traffic signalization and streetscape improvements in the vicinity of the Harbor and Lafayette Street intersection and the Washington Street and Lafayette Street intersection to support economic development.
#521 – APPLICATION OF FIESTA SHOWS FOR A CARNIVAL IN OCTOBER
The application of Fiesta Shows to hold a Carnival at 289 Derby Street from October 20th through November 2, 2008 was recommended by the Mayor.
Councillor McCarthy moved to amend the application with the condition that the Sunday through Thursday hours are 12:00 P.M. to 9:00 P.M. The amendment was adopted and the application was granted.
#522 – INCREASE FINES AND PENALTIES BY POLICE FOR HALLOWEEN
Councillor Pinto and Prevey introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss and examine, the possibility of increasing fines and penalties issued by the police within the City on Halloween night. As part of the deliberations, the Committee shall invite the City Solicitor and representatives from the Police Department.
#523 – RESIDENT STICKER PARKING PROGRAM
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs use Councillor O’Keefe’s draft and the recommendation from the Parking Board to hold a hearing within 30 days to revamp the neighborhood sticker parking program by moving it out of the Clerks office and over to the Parking Department.
Further that this hearing be co-posted with the Committee of the Whole and invite the City Clerk, City Solicitor, Finance Director, Lt. Preczewski, James Hacker, members of the Parking Board, Mayor or her designee and all interested parties.
#524 – STREET CLOSURE PERMIT FOR CRESCENT DRIVE FOR ABC’S OPPORTUNITY KNOCKS
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the enclosed request for a “Street Closure Permit" for Crescent Drive from September 18-21, 2008 for ABC’s game show “Opportunity Knocks” be granted in the event that a Salem family is chosen. The street closure is needed to film the production of this game show at the family’s residence.
#525 – MEET WITH NATIONAL GRID REGARDING DOUBLE POLES
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That a representative of National Grid, City Electrician John Giardi, City Engineer David Knowlton and Mayor’s Aid Jason Silva be invited to a meeting of the Committee on Public Health, Safety and Environment to discuss the ongoing plague of “double poles.”
Councillor O’Keefe assumed the Chair
#526 – IMPLEMENTING OF TRAFFIC CAMERAS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment be co-posted with the Committee of the Whole and meet to discuss and implement options for traffic cameras. And representatives from the Police Department and Solicitor’s Office be invited.
#527 – CREATE AN ORDINANCE FOR THE DISPOSAL OF SYRINGES AND OTHER HAZARDOUS MATERIAL
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs be co-posted with the Committee of the Whole and meet to discuss creating an ordinance to control the disposal of syringes and other hazardous materials. And that a representative from the Health Department, Police Department and Solicitor’s Office be invited.
Councillor Sosnowski resumed the Chair.
#528 – PARKING OF COMMERCIAL VEHICLES IN RESIDENTIAL AREAS
Councillor Veno introduced the following Order, which was adopted
ORDERED: That the Committee on Public Health, Safety and Environment be co-posted with the Committee of the Whole and meet to consider amending the City Ordinance restricting the parking of Commercial Vehicles in residential areas by moving it to the Traffic Ordinance.
Be it further Ordered that Lt. Robert Preczewski, and head of Inspectional Services Tom St. Pierre be invited to attend.
#529 – PUBLIC SAFETY IN THE SOUTH HARBOR GARAGE
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet to consider the matter of Public Safety in the South Harbor Garage. Invited all interested parties, a representative from the Police Department, Jim Hacker or his representative and representatives from the Derby Lofts Condominium Association.
#530 – (#468 - #441) – TAXI OPERATOR
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a hearing request from a taxi operator (Sonia Calle), has considered said matter and would recommend that the license be granted with the condition that said license would be revoked subject to any future judicial infractions.
#531 – (#483) - EXTENDED HOURS OF OPERATION FOR BURGER KING
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of extended hours of operation for Burger King, has considered said matter and would recommend that a public hearing be held and advertised in the Salem News and that the representative discuss the possible date and language of the hearing notice with the City Clerk.
#532 – (#470) – PLANNING BOARD RECOMMENDATION
A communication from the Planning Board submitting their recommendation for the proposed Zoning amendment relative to Planned Unit Developments by including Business Park Developments by special permit, was referred to the Committee on Community and Economic Development co-posted with the Committee of the Whole.
#533 – CONDUIT LOCATION ON BROAD STREET
A hearing was ordered for September 25, 2008 on the petition of Light Tower to install one conduit on Broad Street.
#534 – REQUEST FROM RESIDENTS FOR A STOP SIGN AT VALLEY & PARLEE ST.
A petition from the residents of Parlee Street, Malone Drive and Paul Avenue requesting a stop sign at Valley and Parlee Street was referred to the Police Traffic Division for a recommendation.
#535 – NORTH SHORE MEDICAL CENTER ANNUAL CANCER WALK
A request from North Shore Medical Center to hold their annual Cancer Walk and the Closing of Derby and Lafayette Street on June 21, 2009 was granted.
#536 – ADDRESS CHANGE FOR TREASURES OVER TIME
Communication from Nestor Sergott, owner of Treasures Over Time notifying Council of his business address change to 139 Washington Street, Salem.
#537 – #538 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES John Pension, 123 Dayton St., Danvers
Paul Stream, 53 Washington Sq., Salem
Thomas Vallor, 83 Essex St., Salem
Josh DeVries, 16 Andrew St., Salem
Michael Harris, 41 Federal St., Salem
Collen White, 28 High St., Salem
TAG DAY Salem Youth Football, October 25, 2008 & November 15, 2008
#539 - #541 – LICENSE APPLICATIONS
Councillor O’Keefe moved to divide the question and take up the licenses separately.
Councillor O’Keefe moved that the Taxi Operator and the Vehicle for Hire Operators Only license applications be granted. It was so voted.
Councillor O’Keefe moved that the Vehicle For Hire license applications be referred to the Committee on Ordinances, Licenses and Legal Affairs and that it be co-posted with the Committee of the Whole. It was so voted.
Councillor Ryan moved that a Committee be formed to develop rules for pedicabs. It was so voted.
TAXI OPERATOR Yuly Brazaban, 10 Caller St., Peabody
Douglas R. Stephens, 9 Park St. #30, Beverly
Ike Silverhardt, 29 Broadway, Beverly
Genaro Roman, 26 Prince St. #4, Salem
Alycia Gray, 8 Murdock Dr., Peabody
VEHICLE FOR HIRE Historic Salem Pedicab Tours, 4 Andover St., Salem (1 Pedicab)
Owner: Joel Caron, 4 Andover St., Salem
Witch City Rickshaw, 63 Jefferson Ave., Salem (1 Pedicab)
Owner: Hugh Kerr, 63 Jefferson Ave., Salem
VEHICLE FOR HIRE Ryan McCarthy, 90 Webb St., Salem
(OPERATORS ONLY) Stephen D. Spillers, 41 Federal St., Salem
Anthony F. Taurasi III, 45 Federal St. #1, Salem
Adam Ganepy, 3 Tully Rd., Marblehead
Christopher Carmody, 139 Euclid Ave. #3, Lynn
#542 – #543 - TAXI OPERATOR LICENSES
The following license applications were denied.
TAXI OPERATOR Viagilio Garcia, 24 Mason St., Salem
VEHICLE FOR HIRE
(OPERATOR ONLY) Walter L. Zitano, 365 Mountain St., Revere
#544 – REQUEST FOR A HEARING
A request from Walter Zitano to have a hearing regarding his trolley operator license was granted.
#545 - #548 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Nicole Eames, 28R Putnam St., Beverly
John Schneider, 38 Mansfield St. #2, Gloucester
Lorie Skolski, 52 Webb St., Salem
Mary Young, 2833 Washington Ave., St. Albans, WV
#549 – #550 - CONSTABLE BOND
The following Constable Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
Donald Famico, 74 Proctor St., Salem
Ilya Kotov, 505 Paradise Rd., Swampscott
(#472) – SECOND PASSAGE 0RDINANCE AMENDING TRAFIC, HANDICAP PARKING
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Section 50B, Upham Street, was then taken up. The Ordinance was adopted for second and final passage.
(#473) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Section 50B, Sutton Avenue, was then taken up. Councillor McCarthy moved that the Ordinance be held until the next meeting. It was so voted.
On the motion of Councillor O’Keefe the meeting adjourned at 10:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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