A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 26, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 19, 2009 at 6:05 P.M.
All Councillors were present.
Council President Paul Prevey presided.
Councillor McCarthy moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Prevey requested that everyone please rise to recite the Pledge of Allegiance.
Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow the Mayor and Chief of Police to swear in Police Officers Edward A. Pierce, Deni A. Gaito, Rafael Gonzalez Jr., Roberson D. Troncoso.
Councillor Veno moved for a two minute recess. It was so voted.
(#148) – PUBLIC HEARING ON PETITION OF DUNKIN DONUTS FOR EXTENDED HOURS OF OPERATION
A public hearing was held on the petition from Dunkin Donuts located at 262B Highland Avenue for extended hours of operation.
Appearing in favor was Mr. Santos franchise owner for Dunkin Donuts.
Councillor O’Keefe, Pelletier, Furey and Ryan stated they were in support of the petition.
No one was recorded in opposition.
Councillor O’Keefe moved that the hearing be closed. It was so voted.
Councillor Ryan moved for approval. It was so voted.
Councillor O’Keefe assumed the chair.
(#144) – APPOINTMENT OF BENJAMIN BOUCHARD TO THE PARKING BOARD
Held from the last meeting the appointment of Benjamin Bouchard to the Parking Board for a term to expire February 1, 2010, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#169 – APPOINTMENT OF DOLORES NANGLE TO THE COUNCIL ON AGING
The Mayor’s appointment of Dolores Nangle to the Council on Aging with a term to expire July 1, 2009, was held under the rules until the next meeting of April 9, 2009.
#170 – #171 REAPPT. OF CONSTABLES
The Mayor’s reappointment of the following to serve as a Constable with the following terms to expire was received and placed on file.
David Almeida, 1804 Broughton Dr., Beverly Term to Expire: March 16, 2010
Shawn Newton, 35 Raymond Rd., Salem Term to Expire: February 11, 2012
#172 – APPR. OF $67,123.14 TO BE EXPENDED FOR RETIREMENTS IN THE FIRE DEPT.
The following Order recommended by the Mayor was adopted under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the sum of Sixty-Seven Thousand One Hundred and Twenty-Three Dollars and Fourteen Cents ($67,123.14) is hereby appropriated from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.
Stanley Fronki Fire $33,136.11
Mark Harrison Fire $33,987.03
Total $67,123.14
#173 – APPR. OF $23,964.00 TO PURCHASING – ADVERTISING AND COPIER LEASE
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Twenty-Three Thousand Nine Hundred and Sixty-Four Dollars ($23,964.00) is hereby appropriated from “Fund Balance – Free Cash” account to the following accounts in accordance with the recommendation of Her Honor the Mayor.
Purchasing Advertising 13,164.00
Purchasing Copier Lease 10,800.00
Total 23,964.00
#174 – APPR. OF $8,050.00 TO PURCHASE HEATERS FOR MACK PARK
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Eight Thousand Fifty Dollars ($8,050.00) is hereby appropriated from “Capital Outlay – Renovations & Repairs” account to the be expended for the purchase of two replacement heaters at Mack Park garage for the Recreation and Community Services Department in accordance with the recommendation of Her Honor the Mayor.
#175 – APPR. OF $8,000.00 FOR REPAIR OF ELEVATORS AT SOUTH HARBOR GARAGE
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Eight Thousand Dollars ($8,000.00) is hereby appropriated from “Capital Outlay – Renovations & Repairs” account to be expended for the repair of the South Harbor Garage Elevators for the Parking Department in accordance with the recommendation of Her Honor the Mayor.
#176 – APPR. OF $5,999.00 TO PUBLIC SERVICES - EQUIPMENT
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Five Thousand Nine Hundred and Ninety-Nine Dollars ($5,999.00) is hereby appropriated from “Receipts Reserved – Sale of Vaults” account to the “Public Services – Equipment” account in accordance with the recommendation of Her Honor the Mayor.
Councillor O’Keefe recused himself and left the Chamber.
#177 – ACCEPT MONETARY GIFT FOR FIRE DEPARTMENT FOAM TRAILER
The following Order recommended by the Mayor was adopted.
ORDERED: That the City of Salem accept a monetary donation in the amount of $12,500.00 from Univar Company for the purpose of rebuilding and restocking the Fire Department’s foam trailer.
Councillor O’Keefe returned to the Chamber.
#178 – ACT FOR A HOME RULE PETITION FOR DERBY DELI, INC.
The following Order recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
That a petition to the General Court, accompanied by a bill for certain additional liquor licenses notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws 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 or House of Representatives which conform to intent of this home rule petition:
AN ACT authorizing the City of Salem to issue additional licenses for the sale of alcoholic beverages.
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. Notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws, the licensing authority of the City of Salem may grant one additional license for the sale of wine and malt beverages to be drunk on the premises under Section 12 of said Chapter 138 to Derby Deli, Inc. at a restaurant at 245 Derby Street, Salem, Massachusetts. The license shall be subject to all of said Chapter 138 except Section 17.
Notwithstanding any General or special law, or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter in writing from the Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid. If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the local alcohol licensing authority.
Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the local alcohol licensing authority may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
SECTION 2. This act shall take effect upon its passage.
#179 – ACT FOR A HOME RULE PETITION FOR GREEN LAND CAFÉ, LLC
The following Order recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
That a petition to the General Court, accompanied by a bill for certain additional liquor licenses notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws 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 or House of Representatives which conform to intent of this home rule petition:
AN ACT authorizing the City of Salem to issue additional licenses for the sale of alcoholic beverages.
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. Notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws, the licensing authority of the City of Salem may grant one additional license for the sale of wine and malt beverages to be drunk on the premises under Section 12 of said chapter 138 to Green Land Café, LLC for a restaurant to be located at 87 Washington Street, Salem, Massachusetts. The license shall be subject to all of said Chapter 138 except Section 17.
Notwithstanding any General or special law, or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant
for said license files with said authority a letter in writing from the Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid. If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the local alcohol licensing authority.
Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the local alcohol licensing authority may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
SECTION 2. This act shall take effect upon its passage.
#180 – HOUSING AUTHORITY BAN SMOKING IN THEIR PROPERTIES
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet with members of the Salem Housing Authority, Salem Housing Authority Director, City Solicitor, Mayor or representative, Fire Chief or representative to discuss the possibility of banning smoking in their properties.
#181 – ORDINANCE AMENDING TRAFFIC HANDICAP PARKING WASHINGTON STREET
Councillor Pelletier introduced the following Ordinances, which was adopted for first passage.
In the year two thousand and nine
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section
50A, “Handicapped Zones”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal, Section 50A, Handicapped Parking Zones, Washington Street, southbound, in front of #70, for a distance of sixty (60) feet (2 vehicle length), “Handicap Parking, Tow Zone” (9/12/2002) and replace with the following:
Washington Street, southbound, in front of #70 Washington Street, one (1) vehicle length, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#182 – ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED, LINCOLN ROAD
Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and nine
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section
57A, “Parking Time Limited, Unmetered Zone”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 57A, Parking Time Limited, Lincoln Road, amend One Hour parking (10/9/2008) as follows:
Lincoln Road, from the property line of #18 Lincoln Road for a distance of forty-nine (49) feet along the Pickman Park playground, Two (2) Hour Parking, “Parking Time Limited, Unmetered Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#183 – ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED, UNMETERED ZONE, MONROE ROAD
Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and nine
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section
57A, “Parking Time Limited, Unmetered Zone”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Monroe Road, easterly side beginning at distance of forty (40) feet from the entrance of Pickman Park, two (2) hour parking for a distance of One hundred forty-three (143) feet along the Pickman Park playground, sidewalk and salt marsh. “Parking Time Limited, Unmetered Zones”
Section 2. This Ordinance shall take effect as provided by City Charter.
#184 – SAFETY ISSUES ALONG THE SOUTH RIVER
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the issue of safety along the South River be referred to the Committee on Public Health, Safety and Environment and that the City Engineer, Planning Director, Police Chief or his representative and all interested parties be invited.
#185 – ORDINANCE AMENDING TRAFFIC, CROMBIE STREET
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and nine
An Ordinance to amend an Ordinance relative to Traffic,
Chapter 42, Sections 13, 51, 56, 57A, and 75 Crombie Street
Section 1. Repeal Sections 13, Crombie Street, Service Zones in its entirety (11/26/74) and replace with the following:
Section 13, , Service Zones, Crombie Street easterly side, beginning at a point of twenty (20) feet from Essex Street, extending for a distance of Forty four (44) feet, “No Parking, Service Zone”
Section 2. Section 51 “Parking Prohibited on Certain Streets”, Repeal in its entirety, Crombie Street easterly side from Essex Street in a southerly direction for a distance of thirty (30) feet. (11/26/74)
Section 3. Section 56, “Zones Established”, Repeal in its entirety, Crombie Street, easterly side beginning at a point one hundred and twenty (120) feet from the intersection of Essex Street and Crombie Street and extending one hundred (100) feet in a southerly direction, two hour limit. (5/4/94)
Section 4. Section 75, “Resident Sticker Parking”, Crombie Street, (11/10/86) Repeal in its entirety and replace with the following:
Crombie Street, Zone D, Color Yellow, easterly side from #9 Crombie Street to the intersection of Norman Street. “Resident Sticker Parking, Tow Zone”
Section 5. Section 57A, “Unmetered Zones”, Crombie Street, easterly side, beginning at a point of sixty four (64) feet from Essex Street and continuing for one hundred thirty (130) feet to #7 Crombie Street, “One Hour Parking Limit”
Section 6. This Ordinance shall take effect as provided by City Charter.
#186 – MONTHLY FINANCIAL REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated February 28, 2009, be received and placed on file.
#187 – (#159, #160) GRANTING LICENSES
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 granting certain licenses, has considered said matter and would recommend approval.
TAG DAY S.H.S. Baseball, April 25, 2009
S.H.S. Boys Lacrosse, May 2, 2009
#188 – (#65 of 2008) STATUS OF SZETELA LANE
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred to the matter of the status of pending sale of Szetela Lane, has considered said matter and would recommend that the matter remain in Committee.
#189 – (#146) ESTABLISH REVOLVING FUND FOR WITCH HOUSE TICKETS
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred to the matter of the status of establishing a revolving fund for 25 cents surcharge on Witch House Tickets has considered said matter and would recommend approval.
#190 – (#145) POLICE DEPT. INVOICES FROM FY08 BE PAID FROM FY09 BUDGET
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred to the matter to approve $2,166.48 of outstanding FY08 invoices to be paid from the FY09 Police budget has considered said matter and would recommend approval.
#191 – #196 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs:
PUBLIC GUIDES Roger Watras, 43 Federal St., Salem
Nichole Clarke, 28 Howard St. #2, Salem
Sanford Moore, 38 Essex St., Salem
Rhys Babiob, 28 Howard St. #2, Salem
SECOND HAND
VALUABLE Life & Death, Museum Place Mall #131, Salem
TAG DAY SHS Concert & Jazz Band, May 16, 2009
VFW Post 1524, May 21-24, 2009
Knights of Columbus, October 9th, 11th & 12th, 2009
VFW Post 1524, November 6-9, 2009
#197 – #198 LIMOUSINE LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINE Finix Livery Service, 142 Canal St., Salem (5)
TAXI OPERATORS Juan Carlos Roman, 24 Ward St., Salem
Genaro Roman, 26 Prince St., Salem
#199 – TAXI OPERATOR LICENSE APPLICATION
The following license application was denied.
TAXI OPERATOR Bruce MacDonald, 30 Lowell St., Peabody
#200 - #203 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Edward Cloutier, 30 Federal St., Salem
James Petropoulos, 163 Lowell St., Peabody
William Paly, 42 Ticehurst Ln., Marblehead
SUBROGATED CRAIG/is LTD (for Steven Bonaventura), PO Box 40569, Jacksonville, FL
THE MATTER OF SECOND PASSAGE FOR AN ORDINANCE RELATIVE TO TRENCH EXCATION WAS LAID ON THE TABLE AS IT IS STILL IN COMMITTEE
On the motion of Councillor O’Keefe the meeting adjourned at 8:23 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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