A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
January 14, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on January 7, 2010 at 5:14 P.M.
Councillor Lovely was recorded as absent. Councillor Ryan arrived at 7:25 P.M.
Council President PersonNameRobert McCarthy presided.
Councillor Pelletier moved to dispense with the reading of the record of the previous meeting. It was so voted.
President McCarthy requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Prevey requested a moment of personal privilege and requested a moment of silence in support of the devastation of the recent earthquake in Haiti.
Councillor Prevey requested and received unanimous consent to suspend the rules to allow Councillor Furey to be sworn in.
City Clerk Cheryl LaPointe gave the oath of office to Councillor Furey.
(#655) – HEARING HELD ON THE PETITION OF BOSTON HOT DOG FOR EXTENDED HOURS OF OPERATION
A Public Hearing was held on the petition from Boston Hot Dog Company for extended hours of operation.
Appearing in favor was Status Frangulas, owner of Boston Hot Dog Company who requested extended hour to stay open until 2:00 AM.
Also appearing in favor was Barry Nealy resident who supports the late hours his only concern was with the employees parking in front of the business.
There was no one appearing in opposition.
Councillor Sosnowski moved that the hearing be closed. It was so voted.
Councillor Sosnowski moved that the petition be granted with condition that if the business is sold the hours do not continue and go back to 11:00 PM closing, and the new owners will need to petition the Council.
Councillor Pelletier moved that it be amended to a six (6) month trial (until July).
Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Mr. Frangulas to speak. There was no objection.
Mr. Frangulas stated he understands the parking issue. He will not allow employees to park in front of the business.
The petition was granted for a six month trial basis (until July) with the conditions that if the business is sold the hours do not continue and go back to 11:00 PM closing, and the new owners will need to petition the Council, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Furey, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
(#697) – APPOINTMENT OF MARK GEORGE TO THE PLANNING BOARD
The PersonNameMayor’s appointment of Mark George held from the last meeting of December 14, 2009, to serve as a member of the Planning Board with a term to expire December 14, 2014, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
Councillor Pinto requested and received unanimous consent to suspend the rules to allow Mr. George to speak.
#4 – APPPOINTMENT OF H. JEFFREY BRANDT AS AN ALTERNATE MEMBER TO THE RENEWABLE ENERGY TASK FORCE
The PersonNameMayor’s appointment of H. Jeffrey Brandt to serve as an alternate member of the Renewable Energy Task Force with a term to expire December 1, 2012 was held under the rules until the next meeting of January 28, 2010.
#5 – CONSTABLE
The Mayor’s re-appointment of Melvin Hogue to serve as a Constable with a term to expire December 8, 2012 was received and placed on file.
#6 – APPR. TO BE EXPENDED FOR RETIREMENT BUYBACK
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of One Hundred Seven Thousand Five Hundred and Thirty-Four Dollars and Forty Cents ($107,534.40) is hereby authorized and appropriated in the accounts listed below to be expended for retirement buyback of the following individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.
Jane Barrett School Dept. $26,548.00
Lucille Ouellette School Dept. $13,274.00
Kevin Lucy School Dept. $12,954.00
Arthur Athas School Dept. $27,650.40
Elizabeth Wolfe School Dept. $27,108.00
Total $107,534.40
#7 – APPR. TO ENGINEERING – SEWER PUMP STATION OPERATIONS & MAINTENANCE
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Forty-Five Thousand Dollars ($45,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “Engineering – Sewer Pump Station Operation & Maintenance” account in accordance with the recommendation of Her Honor the Mayor.
#8 – TRANSFER TO TREASURER’S – WATER PROFESSIONAL SERVICES/FEES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of One Thousand Five Hundred Dollars ($1,500.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Treasurer’s – Water Professional Serv/Fees” account in accordance with the recommendation of Her Honor the Mayor.
#9 – ACCEPT DONATION FROM SPECTRUM HEALTH SYSTEMS, INC.
The following Order, recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Spectrum Health Systems, Inc. in the amount of Four Thousand Dollars ($4,000.00) to maintain the utility service for the Youth Resource Center. These funds will be deposited into the Police Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#10 – ACCEPT DONATION FROM ACTION AMBULANCE SERVICE
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: To accept the donation from Action Ambulance Service of a 2001 Ford van retired ambulance valued at Two Thousand Five Hundred Dollars ($2,500.00) to be used as a support vehicle in the Fire Department. We request this in accordance with the recommendation of Her Honor the Mayor.
#11 – ACCEPT DONATION FROM WAL-MART FOUNDATION
The following Order, recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Wal-Mart Foundation in the amount of Two Thousand Dollars ($2,000.00) to purchase tools and equipment involved in the suppression of fires. These funds will be deposited into the Fire Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#12 – RIGHT OF ENTRY AGREEMENT WITH HEALTH & EDUCATION SERVICES, INC.
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
ORDERED: The Mayor is hereby authorized to enter into a Right of Entry Agreement with Health and Education Services, Inc. so that Health and Services, Inc. may construct approximately 13 additional public parking spaces on Commercial Street. The additional parking spaces shall be constructed in accordance with a plan approved by the City Engineer and Director of Public Services.
#13 – RIGHT OF ENTRY AGREEMENT WITH NEW BOSTON VENTURES
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.
ORDERED: That the Mayor is hereby authorized to enter into a Right of Entry Agreement, prepared by the City Solicitor, with New Boston Ventures to allow New Boston Ventures to construct a public parking lot adjacent to the Old Salem Jail off Bridge Street and as shown on the attached rendering. This approval is subject to the execution of a lease agreement between New Boston Ventures and a restaurant.
#14 – BANNING CELL PHONING AND TEXTING WHILE DRIVING
Councillor Furey introduced the following order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss developing an ordinance banning the use of cell phoning and texting while driving. And consider making it illegal to type, text or read from wireless communication devices on Salem streets with the possibility of a fine of $100.00 or more. Invited to attend, a representative from the Police Department and City Solicitor.
#15 – TAG DAY APPLICATION
Councillor Sosnowski introduced the following order, which was adopted.
ORDERED: That the enclosed Tag Day application for the Salem High School Hockey Boosters to be held on January 17, 2010 be granted.
#16 – TAG DAY APPLICATION
Councillor Sosnowski introduced the following order, which was adopted.
ORDERED: That the enclosed Tag Day application for the Salem High School Winter Track to be held on January 23, 2010 be granted.
#17 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following order, which was adopted.
ORDERED: That the Monthly Financial Report dated November 30, 2009, be received and placed on file.
#18 – YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following order, which was adopted.
ORDERED: That the Year to Date Financial Report dated November 30, 2009, be received and placed on file.
#19 - YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following order, which was adopted.
ORDERED: That the Year to Date Financial Report dated December 31, 2009, be received and placed on file.
#20 – ORDINANCE TRAFFIC, PARKING TIME LIMITED, UNMETERED ZONE WASHINGTON STREET
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, “Parking Time Limited, Unmetered Zones”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Washington Street, southwest side beginning at #248 and continuing to #264, two hour parking, Monday through Saturday, 8:00 A.M. to 6:00 P.M., “Parking Time Limited, Unmetered Zones”
Section 2. This Ordinance shall take effect as provided by City Charter.
#21 - ORDINANCE TRAFFIC, PARKING PROHIBITED CERTAIN TIMES, HATHORNE STREET
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 51, “Parking Prohibited on certain streets”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Hathorne Street, from the intersection of Orne Square, on the easterly side for a distance of forty-nine (49) feet in a northerly direction, “No Parking, Wednesday 7:00 A.M. to 12:00 P.M.
Section 2. This Ordinance shall take effect as provided by City Charter.
#22 – ORDINANCE TRAFFIC, SERVICE ZONE, CROMBIE STREET
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, “Unmetered Zone” and Section 13 “Service Zone”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Section 57A, 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” and replace with the following:
Section 57A, 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, “Two Hour Parking Limit, Monday through Saturday 8:00 A.M. to 6:00 P.M.”
Section 2. Repeal Crombie Street, Section 13, Service Zones, easterly side, beginning at a point of twenty (20) feet from Essex Street extending for a distance of forty (40) feet, “No Parking, Service Zone”
Section 3. This Ordinance shall take effect as provided by City Charter.
#23 – TRANSFER OF $2,500.00 FROM PURCHASING DEPT. TO FINANCE DEPT.
Councillor Pinto introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance meet to discuss the transfer of $2,500.00 from Purchasing Department to the Finance Department on September 28, 2009.
#24 – (#686 - #690) - 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 Commmittee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend approval.
JUNK DEALER I. Talkowsky &Son, Inc., 18 Phillips St., Salem
PUBLIC GUIDE Herb Van Dam, 361 Lafayette St., Salem
Ruth Wall, 13 Crombie St., Salem
Hannah Diozzi, 20 Pleasant St., Salem
Robert Woodward, 56 Hatherly Rd., Rockland
Douglas Sabin, 34 Northey St., Salem
Frances Marrow, 12 Strawberry Hill Ln., Danvers
SEAWORMS Manuel Carroca, 12 Union St., Peabody
Joe Mendonca, 22 Spring St., Peabody
Jose Machado, 3 Emmett St., Peabody
Analiano Silva, 25 Driscoll St., Peabody
Manuel Silva, 80 Northend St., Peabody
SECOND HAND Modern Millie, 103 Washington St., Salem
CLOTHING Boston St. Resale, 134 ½ Boston St., Salem
SECOND HAND Bewitched in Salem, 180 Essex St., Salem
VALUABLE Europa Ltd., 3 Hawthorne Blvd, Salem
GameStop, 440 Highland Ave., Salem
Glass & Etc., Museum Place Mall #129, Salem
Marine Arts Galleries, Inc., 135 Essex St., Salem
Olde Naumkeag Antiques, 1 Hawthorne Blvd, Salem
R.A. DiFillipo Antiques, 55 Lafayette St., Salem
Record Exchange, 256 Washington St., Salem
Salem Coin & Jewelry, 149A North St., Salem
LICENSES CONTINUED
Salem Used Furniture, 107 ½ Bridge St., Salem
Same Day Services, 2 Mason St., Salem
Tobies Jewelry, 142 Washington St., Salem
#25 – (#661) ACCEPT MGL CH. 59, SEC. 21A ADDITIONAL COMPENSATION FOR ASSESSORS
Councillor Prevey 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 adopting Mass. General Law Chapter 59 Section 21A which allows additional compensation to City Assessors for course of study, has considered said matter and would recommend approval.
#26 – (#664) PAYING FY08 INVOICE FROM FY10 BUDGET – PUBLIC WORKS
Councillor Prevey 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 paying an outstanding FY08 invoice from Public Works in the amount of $117.73 from the FY10 Budget, has considered said matter and would recommend denial.
#27 – (#658) TRANSFER TO PUBLIC SERVICES - POLICE DETAIL
Councillor Prevey 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 $9,000.00 Transfer from “Fund Balance – Free Cash” to “Public Services – Police Details” , has considered said matter and would recommend approval.
#28 – PETITION FROM NATIONAL GRID FOR A CONDUIT ON ST. PETER STREET
A hearing was ordered for January 28, 2010 on the petition from National Grid to install one conduit on St. Peter Street.
#29 – PETITION FROM BURGER KING FOR EXTENDED HOURS OF OPERATION
A hearing was ordered for January 28, 2010 on the petition from Mastoran Corp. d/b/a Burger King located at 259 Highland Avenue for extended hours of operation
#30 – LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATORS Ynocencio Toribio, 43 Prince St., Salem
Ramon Gomez, 25 Perkins St., Salem
Felix Hernandez, 5A Rockdale Park, Peabody
Cristian Encina-Vergara, 8 Jacob St., Peabody
Robert Berzon, 135 Grove St., Melrose
Brendall Castillo, 11 Meadow St, Salem
Jason Bottari, 29 Albion St., Salem
Gary Richard, 122 Bridge St., Beverly
Jose Lopez, 256 Loring Ave., Salem
Edwin Gonzalez, 106 Lafayette St., Salem
Robert Ruest, 6 Dustin St., Peabody
Ramon Espinal, 16 Aborn St., Peabody
Wilfredo Badillo, 107 Bridge St., Salem
Cristhian Tejada, 10 Wallis St. #1, Peabody
Tammy Meja, 106 Boston St., Salem
Alphonso Soltys, 71 Harvest St., Lynn
Clifford Gately, 9 Crombie St., Salem
Ramon I. Espinal, 12 Mt. Vernon St., Salem
Rafael Pena, 273 Chestnut St., Lynn
Jose Pena, 36 Palmer St. #3, Salem
Robert Carrick, 164 Whitehall Rd 1-7, Amesbury
Juan Carlos Roman, 24 Ward St. #1, Salem
Genero Roman, 3 Abington Ave., Peabody
Hipolito Ozoria, 33 Park St., Salem
Juan Velez, 41 Ward St. #2, Salem
Juan Feoplopez, 13 Mason St., Salem
Jody Bottari, 52 Harbor St., Salem
Javier Guillermo, 78 Rainbow Ter., Salem
Jose Baez, 76 Palmer St., Salem
Shane Kieran, 18 ½ Becket St., Salem
#31 - LICENSE APPLICATIONS DENIED
The following license applications were denied.
TAXI OPERATORS Dijware M. Sheikhou, 28 Salem St., Salrm
Jean Joseph, 56 Margin St., Salem
#32 – PETITION FOR HEARING
The petition from Jean Joseph to request a hearing on denial of taxi operator license was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session on January 28, 2010.
#33 - #44 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs:
JUNK DEALER Frederic Hutchinson, 15 Robinson Rd., Salem
PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem
PUBLIC GUIDE James McAllister, 86 Federal St., Salem
William Sano, 35 Daniels St., Salem
Paul Gordon, 100 Green St., Lynn
SEAWORMS Manuel Silva, 52 Paleologos St., Peabody
SECOND HAND Witch City Consignment & Thrift, 301 Essex St., Salem
CLOTHING
SECOND HAND Filigree & Fancy, Pickering Wharf, Salem
VALUABLE Witch City Consignment & Thrift, 301 Essex St., Salem
Salem Loan & Jewelry, 33 New Derby St., Salem
TAG DAYS Salem Youth Basketball, January 30 & 31, 2010
Salem High School Girls & Boys Basketball, February 20 & 27, 2010
Salem High School Baseball, March 12-14, 2010
Veteran’s of Foreign Wars, Post 1524, May 26-29, 2010
Salem High School Field Hockey, September 11 & 25, 2010
Veteran’s of Foreign Wars, Post 1524, November 5-8, 2010
#45 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer / Contract operator license applications were granted.
Altantic Paving, 101R Foster St., Peabody
Caruso Corp., 320C Charger St., Revere
Deiulis Bros. Const. Co., 31 Collins St. Ter., Lynn
DiBiase Corp., 749 Lowell St., Lynnfield
EQ Enterprise, 452 Essex St., Beverly
Geologic-Earth Exploration Inc., 7 Sherwood Dr., Norfolk
J. Masterson Construction Corp., 46 Prince St., Danvers
James W. Flett Co., Inc., 800 Pleasant St., Belmont
K & B Excavating, 105 Mason St., Salem
Linskey Construction, 47 Jefferson Ave., Salem
Manter Co., Inc., 20 Popes Lane, Danvers
McLaughlin Const. Co. of Peabody, Inc., 72R Central St., Peabody
Mirra Co., Inc., 6 Norino Way, Georgetown
N. Granese & Sons Inc., 18 Yorkshire Rd., Marblehead
R.B. Strong Excavating & Sewerage, 122 Western Ave., Gloucester
Roto Rooter, 175 Maple St., Stoughton
TDS, Inc., 2 Peter Dr., Sterling
V. Locke Contracting Inc., 25 Hayward St., Rear, Braintree
Village Construction Co., Inc., 190 Pleasant St., Marblehead
#46 - #52 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs:
Ramon Gomez, 25 Perkins St., Salem
George Lowden, 17 Jefferson St., Marblehead
Mary Ann Madore, 4 Flying Cloud Lane, Salem
Christopher Perry, 6 MacArthur Cir., Swampscott
Brian Tamilio, 40 Bates Park Ave., Beverly
John Thompson, 19 Green St., Salem
Patricia O’Connor, 79 Lawrence St., Salem
#53 – BOND
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
SIGN Louise Michaud Photographer, 222 Derby St., Salem
(#666) - SECOND PASSAGE ORDINANCE, TRAFFIC HANDICAP PARKING ABBOTT ST.
The matter of second and final passage of an Ordinance amending Traffic Ch.42, Section 50B, Handicap Parking, Abbott Street, was then taken up. The Ordinance was adopted for second and final passage.
(#668) - SECOND PASSAGE ORDINANCE, TRAFFIC STOP SIGN, MARGIN ST.
The matter of second and final passage of an Ordinance amending Traffic Ch.42, Section 49, Stop Sign, Margin Street, was then taken up. The Ordinance was adopted for second and final passage.
(#674) – SECOND PASSAGE ORDINANCE, TRAFFIC HANDICAP PARKING, HAZEL ST.
The matter of second and final passage of an Ordinance amending Traffic Ch.42, Section 50B, Handicap Parking, Hazel Street, was then taken up. The Ordinance was held until the next meeting of January 28, 2010.
On the motion of Councillor O’Keefe the meeting adjourned at 8:45 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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