A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
February 25, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice
of this meeting was posted on February 18, 2010 at 6:06 P.M.
All Councillors were present.
Council President Robert 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.
(#86) APPOINTMENT OF LESLIE TUTTLE TO THE PARK & RECREATION COMMISSION
Held from the last meeting the Mayor’s appointment of Leslie Tuttle to serve as a member of the Park & Recreation Commission with a term to expire on May 1, 2013, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Ms. Tuttle to speak.
Councillor Ryan requested that a City Seal be sent to Laura DeToma-Swanson. It was so voted.
#125 - TRANSFER TO VETERANS BENEFITS
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Twenty-Seven Thousand Dollars ($27,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Veterans Benefits” account in accordance with the recommendation of Her Honor the Mayor.
#126 - TRANSFER TO GOLF IRRIGATION AND EQUIPMENT
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the following accounts in accordance with the recommendation of Her Honor the Mayor.
Golf irrigation $2,500.00
Equipment $7,500.00
Total $10,000.00
#127 – TRANSFER TO CEMETERY BURIAL
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Ten Thousand Dollars ($2,200.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor.
#128 – ACCEPT RELEASE DEED FROM S.E.S.D. FOR TRUNK SEWER LINE ON SZETELA LANE
The following Order recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
ORDER: The City of Salem hereby accepts a release deed from South Essex Sewerage District to the City of Salem for the section of trunk sewer line between the northwesterly sideline of Szetela Lane and Sewer Manhole No. 5 in Derby Street section of Trunk Sewer and Related Easements owned by the South Essex Sewerage District Located in Salem, Massachusetts (Essex County), dated January 30, 2010 and prepared by Meridian Associates.
Be it further ordered that the Mayor is hereby authorized to execute the attached release deed from the South Essex Sewerage District on behalf of the City of Salem.
#129 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order, was received and placed on file.
ORDERED: That the Monthly Financial Report dated January 31, 2010, be received and placed on file.
#130 – ESTABLISH A REVOLVING FUND FOR WINTER ISLAND
Councillor Pinto introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance co-posted with the Committee of the Whole explore the possibility of establishing a revolving fund for Winter Island.
#131 – ORDINANCE – TRAFFICE HANDICAP PARKING, HATHORNE STREET
Councillor Lovely 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 50B, “Handicap Parking Zone, Limited Time”
Be it ordained the City Council of the City of Salem, as follows:
Section 1. Hathorne Street in front of #75 for a distance of twenty (20) feet, “Handicap Parking”
Section 2. This ordinance shall take effect as provided by City Charter.
#132 – TICKET TAX FEE
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development co-posted with the Committee of the Whole meet to form a committee that will discuss the feasibility of and the process for establishing a ticket tax, fee or surcharge in the City of Salem. The Committee will make its recommendation to the full City Council.
#133 – LEGGS HILL ROAD NO LEFT TURN ONTO LORING AVENUE
Councillor O’Keefe introduced the following request, which was adopted.
REQUESTED: That the Salem Police Department Traffic Division advise the City Council of the feasibility of establishing an Ordinance prohibiting a Left Turn from Leggs Hill Road onto Loring Avenue (Route 1A) in a westerly direction.
#134 – #134A - (#41-09, #134A, #164) SNOW REMOVAL
Councillor Pinto offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole.
The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of Snow Removal, has considered said matter and would recommend that the enclosed Ordinance amendment relative to Chapter 38, Section 38-12 through 38-14 be adopted for first passage and refer to the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole.
In the year two thousand ten
An Ordinance to amend an Ordinance relative to removal of snow and ice
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. City Ordinance, Chapter 38 Streets and Sidewalks, Article I, Sections 38-12 though 38-14 are hereby amended by deleting these sections in their entirety and replacing them with the following:
“Sec. 38-12.~ Throwing or plowing ice or snow into streets.
(a)~~~No person shall throw, plow or cause the placing of any ice or snow in any street or sidewalk so as to impede or obstruct the normal use of the traveled way.
(b) No person shall move snow piles or rows created by the Commonwealth of Massachusetts, the city’s department of public services or their sub-contractors, except that a property owner may remove and dispose of such snow in accordance with regulations of the Commonwealth or relocate the snow to his own property. Under no circumstance shall the snow be moved or plowed onto an abutting property, sidewalk or street.
(c)~~~Any person violating this section shall be fined $75.00 for the first offense, $150.00 for the second offense and $200.00 for the third and subsequent offenses. Violations shall be abated within 24 hours of receipt of a notice of violation or warning. If the violation continues, each subsequent 24-hour period shall constitute a separate offense. All building inspectors, the director
and general foremen of the department of public services, in addition to police officers, shall be enforcing persons for this section.
Sec. 38-13.~ Removal of snow from sidewalks.
The owner of any building or lot of land bordering on any street, lane, court, square or public place within the city where there is a sidewalk, including any curb ramp/cut, shall cause all snow that may be on such sidewalk and curb ramp/cut to be removed there from within six hours after the snow ceases to fall if it ceases to fall in the daytime and before 12:00 noon if it ceases to fall in the nighttime. If he neglects to do so, he shall be fined $25.00 for the first offense, $75.00 for the second offense and $100 for the third and subsequent offenses. Violations shall be abated within 24 hours of receipt of a written notice of violation or warning. If the violation continues, each subsequent 24-hour period shall constitute a separate offense. The director of public services or the department’s general foremen, all building
inspectors, in addition to police officers, shall be enforcing persons for this section. This section shall apply to snow which falls from buildings as well as to that which falls from the clouds.
Sec. 38-14.~ Removal of ice from sidewalks.
Whenever any sidewalk or any part thereof, including any curb ramp/cut, adjoining any building or lot of land on any street, lane, court, square or public place is encumbered with ice, it shall be the duty of the owner to cause such sidewalk and curb ramp/cut to be made safe and convenient by removing the ice there from or by making such ice even and keeping it covered with sand, ashes or some other suitable material to prevent slipping within six hours after the ice forms if in the daytime, and before 12:00 noon if it forms in the nighttime. If he neglects to do so, he shall be fined $50.00 for the first offense, $75.00 for the second offense and $100.00 for the third and subsequent offenses. Violations shall be abated within 24 hours of receipt of a written notice of violation or warning. If the violation continues, each subsequent 24-hour
period shall constitute a separate offense. All building inspectors, the director and general foremen of the department of public services, in addition to police officers, shall be enforcing persons for this section.
Section 2. This Ordinance shall take effect as provided by City Charter.
#135 – (#109 - #118) GRANTING LICENSES
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
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 of the following:
PUBLIC GUIDES Lisa Van Dell, 1 Schooner Ridge, Marblehead
Penny Van Dell, 1 Schooner Ridge, Marblehead
Alicia Diozzi, 40 English St., Salem
Thomas Vallor, 19 Mall St. #2, Salem
Jeffrey Horton, 27 Bar Link Way #81, Swampscott
Mollie Stewart, 74 Essex St. #1, Salem
LICENSES CONTINUED
SEAWORM Arthur Barreira, 49 Webster St., Peabody
TAG DAYS S.H.S. Swim Team, March 6, 2010
S.H.S. Boys Lacrosse, March 7, 2010
S.H.S. JROTC, March 20 & 21, 2010
S.H.S. Girls Tennis, March 27, 2010 & April 3, 2010
S.H.S. Girls Track, April 17, 2010
S.H.S. Boys Lacrosse, May 22, 2010
Salem Veterans Council, July 1-5, 2010
S.H.S. Volleyball, September 19, 2010 & October 2, 2010
#136 – (#662 of 2009) SPECIAL EVENT REVOLVING FUND
Councillor Prevey offered the follow report for the Committee on Administration and Finance.
The Committee on Administration and Finance to whom was referred the matter of approving the adoption of a Mayor’s Special Event Revolving Fund in accordance with Mass. General Law Chapter 44, Section 53E ½ has considered said matter and would recommend the matter be referred to the Committee on Administration and Finance co-posted with the Committee of the Whole.
#137 – (#10) DONATION OF A FORD VAN FOR THE FIRE DEPARTMENT
Councillor Prevey offered the follow report for the Committee on Administration and Finance.
The Committee on Administration and Finance to whom was referred the matter of accepting a donation from Action Ambulance Service of a 2001 Ford Van valued at $2,500.00 for the Fire Department, has considered said matter and would recommend approval.
Councillor O’Keefe assumed the Chair.
#138 – (#659 of 2009) ACCEPT MASS. GENERAL LAW TO IMPOSE LOCAL MEALS EXCISE TAX
Councillor McCarthy offered the follow report for the Committee of the Whole.
The Committee of the Whole to whom was referred the matter of accepting Mass. General Law Chapter 64L, Section 2(a) to impose a local meals excise, has considered said matter and would recommend the matter be reported out with no recommendation.
Councillor McCarthy resumed the Chair.
Councillor Pelletier moved that the matter remain in Committee. It was so voted by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Furey, Lovely, Pelletier, Pinto, Ryan, Sargent and McCarthy were recorded as voting in the affirmative. Councillors O’Keefe, Prevey, Ronan and Sosnowski were recorded as voting in the negative.
Councillor Pelletier moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Keefe assumed the Chair.
#139 – (#660 of 2009) ACCEPT MASS. GENERAL LAW TO IMPOSE LOCAL OCCUPANCY EXCISE TAX
Councillor McCarthy offered the follow report for the Committee of the Whole.
The Committee of the Whole to whom was referred the matter of accepting Mass. General Law Chapter 64G, Section 3A to impose a local room occupancy excise, has considered said matter and would recommend the matter be reported out with no recommendation.
Councillor McCarthy resumed the Chair.
A motion that the matter remain in Committee. It was so voted by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Furey, Lovely, Pelletier, Pinto, Ryan, Sargent and McCarthy were recorded as voting in the affirmative. Councillors O’Keefe, Prevey, Ronan and Sosnowski were recorded as voting in the negative.
Councillor Pelletier moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#140 - #141 LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINE Edwin Service Car, 106 Lafayette St.., Salem (1)
Brianna Transportation, 17 Ward St., Salem (1)
TAXI OPERATORS Rafael Moya, 17 Ward St. 3-1, Salem
Jose Luis Cuevas, 2 Park St. #2, Salem
Cynthia A. Sonia, 15 Braman St., Danvers
Miguel A. Pimentel, 16 March St. #2, Salem
Camarqui Cerda Ortega, 6 Ray St., Peabody
#142 – LICENSE APPLICATION
The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAYS S.H.S. Football Boosters, July 17, 2010, Aug. 21, 2010 & Oct. 30, 2010
#143 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS
The following Drainlayer/Contract Operator license applications were granted.
Thomas Mackey & Sons, Inc., 58 Broadway, Salem
Infiniti Construction, LLC, 689 Newburyport Turnpike, Rowley
#144 - #146 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Armando Calzada, 11 Shepard St., Gloucester
Michael Santos, 2 Cedarcrest Ave., Salem
SUBROGATED Frontier Adjusters (Walter & Cheryl Pszenny), 447 Boston St. #9, Topsfield
#147 - BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER Infiniti Construction, LLC, 689 Newburyport Turnpike, Rowley
(#97) – SECOND PASSAGE ORDINANCE, TRAFFIC PARKING PROHIBITED HUBON STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42 Sec. 51 Parking Prohibited Certain Streets, Hubon Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 9:35 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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