A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 28, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 22, 2009 at 8:43 A.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.
#311 – CONDUIT LOCATION ON CAMBRIDGE STREET
Held until the next meeting an Order of National Grid for a conduit location on Cambridge Street.
(#262) – APPT. AMY EVERITT TO PARK & RECREATION COMMISSION
Held from the last meeting the Mayor’s appointment of Amy Everitt to the Park & Recreation Commission with a term to expire May 1, 2012, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. There were no votes in the negative and no one was absent.
Councillor McCarthy requested and received unanimous consent to suspend the rules to allow Ms. Everitt to speak.
Councillor McCarthy moved that a letter of thanks and City Seal be sent to Maryanne Curtin. It was so voted.
#312 – APPT. PAUL MARQUIS TO THE RENEWABLE ENERGY TASK FORCE
The Mayor’s appointment of Paul Marquis to the Renewable Energy Task Force with a term to expire on December 1, 2009, was received after the deadline of Tuesday noon under suspension of the rules. The appointment was held under the rules until the next meeting of June 11, 2009.
#313 - #314 – APPT. CONSTABLES
The Mayor’s appointment and reappointment of the following Constables with the following terms to expire were received after the deadline of Tuesday noon under suspension of the rules and were received and placed on file.
Gregory Iovanella, 374 Essex St. Apt. A., Salem Term to Expire: March 17, 2010
James Russel Jr., 126 Highland Ave., Salem Term to Expire: June 1, 2012
#315 – APPR. TO ENGINEERING – SEWER IMPROVEMENT
The following Order was received after the deadline of Tuesday noon under suspension of the rules. The Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated from “Retained Earnings – Sewer Fund” account to “Engineering – Sewer Improvement” account in accordance with the recommendation of Her Honor the Mayor.
#316 – APPR. TO PUBLIC PROPERTY - POSTAGE
The following Order recommended by the Mayor was received after the deadline of Tuesday noon under suspension of the rules. The Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from “Fund Balance Reserved for Appropriation – Free Cash” account to “Public Property - Postage” account in accordance with the recommendation of Her Honor the Mayor.
#317 – TRANSFER TO PUBLIC SERVICES – SEWER VEHICLE PARTS
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
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 the “Retained Earnings – Sewer Fund” account to “Public Services – Sewer Vehicle Parts” account in accordance with the recommendation of Her Honor the Mayor.
#318 - TRANSFER TO PUBLIC SERVICES – WATER VEHICLE PARTS
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
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 the “Retained Earnings – Water Fund” account to “Public Services – Water Vehicle Parts” account in accordance with the recommendation of Her Honor the Mayor.
#319 - TRANSFER TO PUBLIC SERVICES – WATER OVERTIME
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand Dollars ($2,000.00) is hereby appropriated from the “Public Services – Water Gas/Diesel Fuel” account to “Public Services – Water Overtime” account in accordance with the recommendation of Her Honor the Mayor.
#320 – TRANSFER TO HARBORMASTER - ELECTRICITY
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Six Hundred Dollars ($600.00) is hereby appropriated from the “Receipts Reserved - Harbormaster” account to “Harbormaster - Electricity” account in accordance with the recommendation of Her Honor the Mayor.
#321 - TRANSFER TO HARBORMASTER - TELEPHONE
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Three Hundred Dollars ($300.00) is hereby appropriated from the “Receipts Reserved - Harbormaster” account to “Harbormaster - Telephone” account in accordance with the recommendation of Her Honor the Mayor.
#322 – DONATION FROM TOWN OF MARBLEHEAD
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from the Town of Marblehead in the amount of Two Thousand Four Hundred and Sixteen Dollars and Eight Cents ($2,416.08) to fund the Essex County Summer Camp program. These funds will be deposited into the Police Department Essex County Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#323 – DONATION FROM CSL INTERNATIONAL BEVERLY
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from CSL International Beverly in the amount of One Thousand Dollars ($1,000.00) to fund the DARE Summer Camp program. These funds will be deposited into the Police Department DARE Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#324 – PARKING PASSES FOR METERED SPACES FOR COMMERCIAL VEHICLES
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was adopted.
ORDERED: The Executive Director of the Parking Department or his/her designee is hereby authorized to issue parking passes for the daily use of a metered parking space to be occupied by a commercial vehicle. Such use is to be granted only when a commercial contractor is actively performing work at a location in close proximity to the parking meter in question.
The Executive Director of the Parking Department or his/her designee shall assess a fee of $15.00 per day for each pass that is issued for the use of a metered parking space. Such fee shall be paid by the commercial contractor upon issuance of the parking pass.
#325 – ACT HOME RULE PETITION FOR GREEN LAND CAFÉ
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
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.
ORDER: 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 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 all alcohol beverages to be drunk on the premises under section 12 of 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.
#326 – APPR. TO ENGINEERING – WATER SYSTEM IMPROVEMENT
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was referred to the Committee on Administration and finance co-posted with the Committee of the Whole under the rules.
ORDER: That the sum of Four Hundred and Fifteen Thousand Dollars ($415,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Engineering – Water System Improvement” account in accordance with the recommendation of Her Honor the Mayor.
#327 – APPR. TO ENGINEERING – ELECTRICITY
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was referred to the Committee on Administration and finance co-posted with the Committee of the Whole under the rules.
ORDERED: That the sum of Seventy Thousand Dollars ($70,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Engineering – Electricity” account in accordance with the recommendation of Her Honor the Mayor.
#328 – RESIDENT STICKER PARKING PROGRAM
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to review the Ordinance relative to Resident Sticker Parking Program and the following be invited: Collector, Finance Director, Mayor or representative and Parking Director.
#329 – FISCAL YEAR 2010 BUDGET
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance meet to discuss the Fiscal Year 2010 Budget matters.
#330 – YEAR TO DATE FINANCIAL REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated April 30, 2009, be received and placed on file.
#331 – MONTHLY FINANCIAL REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated April 30, 2009, be received and placed on file.
Councillor O’Keefe assumed the Chair.
#332 - ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED, COMMERCIAL STREET
Councillor Prevey 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
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Commercial Street, southerly side, beginning at the intersection of North Street, in a westerly direction for a distance of one hundred forty-nine (149) feet. “Two (2) Hour Parking”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#333 – REVOCATION OF INFLAMMABLE LICENSE FOR 111 NORTH STREET
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the City Council hold a public hearing for the purpose of revoking the inflammable license at 111 North Street, owned by Trickett Realty.
Councillor Prevey resumed the Chair.
#334 - (#292-#297) 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.
PUBLIC GUIDES Ann Roman, 82 N. Cedar Park, Melrose
David Ingham, 32 Endicott St., Salem
Ashley McMahon, 174 Lewis St., Lynn
David Kess, 77 Summer St., Salem
Tim Maguire, 28 High St., Salem
Katelyn Gordon, 33 Franklin St., Salem
Eric Fialho, 22 Hancock St., Salem
William Jeff Page, 17 Beacon St., Salem
SECOND HAND Fashion Remix, 130 North St., Salem
CLOTHING
TAG DAY SHS Class of 2011, May 30, 2009
Salem Little League, June 6, 2009 & June 20, 2009
The Pink Angels, June 13, 2009
SHS Hockey, December 12, 2009 & December 20, 2009
#335 – (#179, #325) HOME RULE PETITION FOR GREENLAND CAFÉ
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 co-posted with the Committee of the Whole to whom was referred the matter of a Home Rule Petition (alcohol) for Green Land Café
has considered said matter and would recommend that the City Council wait for Mayor Driscoll to properly submit a new Home Rule Petition to the full Council.
#336 – (#250) CYCLE FOR LIFE
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 petition from Cycle for Life has considered said matter and would recommend that the petition be granted.
#337 – (#251) STOP SIGN AT PARLEE STREET
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 by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a stop sign on Parlee Street, has considered said matter and would recommend that the City Council request a traffic recommendation from Lt. Preczewski of the Police Traffic Division, for a permanent isolated stop sign on the corner of Parlee Street and the intersection at 68 Valley Street.
#338 – (#265) TRANSFER TO PUBLIC PROPERTY TELEPHONE
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 the matter of a transfer of $7,000.00 from Public Property – Oil Heat account to Public Property Telephone account, has considered said matter and would recommend approval.
#339 – (#270) ESTABLISH VARIOUS REVOLVING FUNDS
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 the matter of various revolving funds for fiscal year 2010, has considered said matter and would recommend approval.
#340 – (#269) OUTSTANDING FY08 INVOICES FOR PURCHASING DEPT.
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 the matter of $598.75 of outstanding FY08 Purchasing invoices to be paid from the FY09 Purchasing budget, has considered said matter and would recommend approval.
#341 – (#268) OUTSTANDING FY08 INVOICES FOR THE POLICE DEPT.
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 the matter of $2,100.00 of outstanding FY08 Police Department invoices to be paid from the FY09 Police budget, has considered said matter and would recommend that the matter remain in Committee.
Councillor O’Keefe assumed the chair.
#342 – (#271) FIFTY YEAR AGREEMENT WITH NATIONAL GRID FOR HARBORWALK
Councillor Prevey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of a Fifty (50) year Agreement with National Grid for a Harbor Walk license, has considered said matter and would recommend approval.
#343 – (#275, #467) RECODIFICATION OF ZONING
Councillor Prevey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of Re-codification of Zoning, has considered said matter and would recommend that it be referred to the Planning Board to schedule a joint public hearing with the City Council.
Councillor Prevey resumed the chair.
#344 – PETITION FROM PETE RICHARDS TO STORE UNREGISTERED VEHICLES ON HIS PROPERTY
A request from Pete Richard of 47 Roslyn Street for approval to store two unregistered vehicles on his property, was referred to the Committee on Public Health, Safety and Environment and that the Building Inspector be invited.
#345 – PETITION TO REVIEW RESIDENT STICKER PARKING ORDINANCE
A petition from Stephen Kapantis to review the Resident Sticker Parking Ordinance regarding the fee and review the procedure for setting other city fees, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#346 – BLOCK PARTY
A request from the residents of Pickman Park to hold a block party on July 3, 2009 from 6:00 P.M. to 9:00 P.M. was granted.
#347 – #349 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY SHS Tennis, June 7, 2009 and June 14, 2009
Salem Veterans Council, July 2, 3, & 4, 2009
Salem/Swampscott Youth Hockey, November 14, 2009
#350 – #351 LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATOR Carlos Escoto, 86 Cabot St., Beverly
VEHICLE FOR HIRE
OPERATORS ONLY John Nutting, 68 Moffat Rd., Salem
David Black, 3 Hawthorne Blvd., Salem
Kyle Bradley, 22 Gardner St., #1, Salem
Jason Carroll, 7 Liberty Hill Ave., Salem
#352 – LICENSE APPLICATION
The following license application was denied.
TAXI OPERATOR Robert Mezakowski, 33 Mill St., Beverly
#353 – REQUEST FOR HEARING
A request from Robert Mezakowski on the denial of his Taxi Operator License was referred to the Committee on Ordinances, Licenses and Legal Affairs to be held at the next Council meeting on June 11, 2009 at 6:30 P.M.
#354 - #355 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs
Lorraine LeGault, 81 Range Avenue, Lynn
Frank Buono, 49 School Street, Salem
#356 - BOND
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
SIGN China Trade House, 6 Central Street, Salem, MA
#357 – BOND
The following Bond was received after the deadline of Tuesday noon under suspension of the rules. It was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Gregory Iovanella, 374 Essex St., Apt. A, Salem
(#274) - SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, BOSTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Sec. 50B , Handicap Parking, Limited Time, Boston Street and Langdon Street, was then taken up. The Ordinance was adopted for second and final passage.
(#277) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, LAFAYETTE STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Sec. 50B , Handicap Parking, Limited Time, Lafayette Street, was then taken up. The Ordinance was adopted for second and final passage.
(#286A) – SECOND PASSAGE ORDINANCE AMENDING MOORING FEES
The matter of second and final passage of an Ordinance amending Chapter 10, Section 10-24, Mooring Fees for transient mooring, was then taken up. The Ordinance was adopted for second and final passage. Councillors Sosnowski and Sargent were recorded as opposed.
On the motion of Councillor Pinto the meeting adjourned at 8:55 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
| 
