A Regular Meeting of the City Council was held in the Council Chamber on
Thursday, March 11, 2010 at 7:00 P.M., for the purpose of transacting any and all
business. Notice of this meeting was posted on March 4, 2010 at 6:32 P.M.
All Councillors were present.
Council President Robert McCarthy presided.
Councillor Pinto 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 Pinto requested and received a moment of personal privilege for a moment of silence on the recent death of Councillor Peter Paskowski.
#148 – APPOINTMENT OF ROB LUTTS TO THE SALEM RETIREMENT BOARD
The Mayor’s appointment of Rob Lutts to serve as a member of the Salem Retirement Board with a term to expire on January 3, 2013, was held under the rules until the next meeting of March 25, 2010.
#149 – APPOINTMENT TO THE BIKE PATH COMMITTEE
The Mayor’s appointment of the following to serve as members of the Bike Path Committee with terms as follows was held under the rules until the next meeting of March 25, 2010.
Jaime Metsch, 18 Oliver St. #2, Salem Term to Expire: October 1, 2011
Ernest V. DeMaio, III., 289 Essex St. #507, Salem Term to Expire: July 1, 2011
David Hallowes, 15 River St., Salem Term to Expire: July 1, 2011
#150 – APPOINTMENT CONSTABLE
The Mayor’s appointment of Jay Martel to serve as a Constable with a term to expire February 4, 2013, was received and placed on file.
#151 – REAPPOINTMENT OF CONSTABLES
The Mayor’s reappointment of the following to serve as Constables with the following terms, was received and placed on file.
Mark L. Finer, 107 Foster St., Peabody Term to Expire: March 8, 2013
Debra M. Ruehrwein, 32 Pine St.,Wakefield Term to Expire: April 3, 2013
#152 – APPR. TO BE EXPENDED FOR REPAIR OF BLANEY STREET DOCK
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty Five Thousand Dollars ($25,000.00) is hereby appropriated to the “Capital Outlay Renovations & Repairs” account to be expended for the repair of the Blaney Street dock by the Inspectional Services Department in accordance with the recommendation of Her Honor the Mayor.
#153 – ACCEPT DONATION TO PURCHASE A FLASHCAM-880 FOR THE POLICE DEPT.
The following Order recommended by the Mayor, was adopted.
ORDERED: That the City Council of the City of Salem hereby accepts a donation from the Kernwood Country Club in the amount of $6,200.00 for the purchase of purchasing a FlashCAM-880.
#154 – EXECUTE A GRANT OF EASEMENT TO SHAUGHNESSY-KAPLAN HOSPITAL
The following Order recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: The Mayor is hereby authorized to execute a Grant Easement to Shaughnessy-Kaplan Hospital over a portion of City owned land, described on a plan entitled “Easement Sketch, Property of Salem, Scale 1’ = 20’, February 18, 2010,” encompassing an area 777 +/- square feet. The purpose of this grant of easement is to enable the Hospital to construction of an Inspirational Garden as a place for healing and retreat for its patients. The subject property is located behind a fence at Bertram Field and is not needed for any purpose by the City.
#155 – MATTERS BE CO-POSTED WITH THE COMMITTEE OF THE WHOLE
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the matters listed below in the Committee on Ordinances, Licenses and Legal Affairs, be co-posted with the Committee of the Whole:
Council Orders:
#158 / 92 / 226 / 608 / 641 Tinkers Island
#631 / 121 / 122 ZBA and various, density bonuses and
Affordable housing/new projects
#73 / 242 Salem Common Use and Park & Recreation
#33 / 680 Amend Rules Section 28 re: Public Input
#156 – YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated February 28, 2010, be received and placed on file.
#157 – LETTER FROM NATIONAL GRID
Councillor Pinto introduced the following Order, which was adopted.
ORDERED: That the attached informational letter and maps from National Grid relative to switchgear manhole and padmounted switchgear for the conduits approved by Council for 50 St. Peter Street be received and placed on file.
#158 – LETTER FROM NEW BOSTON VENTURES WITDRAWING PETITION
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the attached letter from New Boston Ventures withdrawing their petition for a Right of Entry with parking at the Old Salem Jail be received and placed on file.
#159 – RAISE THE IRISH FLAG FOR ST. PATRICK’S DAY
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the Director of Park, Recreation and Community Services raise the Irish Flag at Riley Plaza and March 15, 16, & 17th, 2010 in honor of St. Patrick’s Day, and in honor of Councillor Leonard F. O’Leary.
#160 – (#13) RIGHT OF ENTRY FOR NEW BOSTON VENTURES (SALEM JAIL PROJECT)
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 a Right of Entry Agreement with New Boston Ventures (Salem Jail Project), has considered said matter and would recommend that the matter be discharged from Committee.
#161 – (#142) 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:
TAG DAYS S.H.S. Football Boosters, July 17, 2010, Aug. 21, 2010 & Oct. 30, 2010
#162 - (#31, 32) TAXI OPERATOR HEARING
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 a hearing request on the denial of Taxi Operator License by Jean Joseph, has considered said matter and would recommend approval.
#163 – (#73, 74) ) TAXI OPERATOR HEARING
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 a hearing request on the denial of Taxi Operator License by Fausto Martinez, has considered said matter and would recommend approval.
#164 – (#41-09, 134, 134A) SNOW REMOVAL ORDINANCE
Councillor Pinto offered the follow report for the Committee on Public Health, Safety and Environment.
The Committee on Public Health, Safety and Environment to whom was referred the matter of Snow Removal Ordinance, has considered said matter and would recommend that the enclosed amended Ordinance relative to Chapter 38, Section 38-12 through 38-14 be adopted for second and final passage.
The Ordinance was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 0 absent, 1 present. Councillors Furey, Lovely, O’Keefe, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Pelletier was recorded as voting present.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
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, structure 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 or the city’s snow emergency lights are turned off, whichever time is later. If the snow ceases to fall and the snow emergency lights are turned off in the nighttime, the snow shall be removed before 12:00 noon. 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.
#165 – (#491) SAFETY ISSUES AT SALEM WILLOWS
Councillor Pinto offered the follow report for the Committee on Public Health, Safety and Environment.
The Committee on Public Health, Safety and Environment to whom was referred the matter of safety issues at Salem Willows, has considered said matter and would recommend that the matter remain in Committee.
#166 – (#111) NAMING VETERANS SQUARES
Councillor Sargent offered the follow report for the Committee on Community and Economic Development.
The Committee on Community and Economic Development to whom was referred the matter of the naming of Veterans Squares, has considered said matter and would recommend that the matter remain in Committee.
#167 – (#636) RELOCATION OF A VETERANS MONUMENT
Councillor Pelletier offered the follow report for the Committee on Government Services co-posted with the Committee of the Whole.
The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the relocation of a Veterans monument located at the corner of Proctor Street and Highland Avenue, has considered said matter and would recommend that the matter remain in Committee.
#168 – REQUEST FOR ROAD RACE FOR HISTORIC SALEM INC.
The matter of a request from Historic Salem Inc. to hold a road race and the closing of certain streets on August 8, 2010 starting at 9:00 A.M., was granted.
#169 – #171 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
SEAWORM John Silva, 10 Almeda St., Salem
LICENSES CONTINUED
TAG DAYS S.H.S. Concert Band, May 1, 2010
Franco-American War Vets, August 27 & 28, 2010
#172 – #173 LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINE Rosario Transportation, 12 Mason St., Salem (1)
Ozoria Car Service, 33 Park St., Salem (1)
TAXI CAB DJ Taxi, 28 Salem St., Salem (2)
TAXI OPERATORS Ricardo Villanueua, 498 Essex St., Lynn
Rudy Rosario, 12 Mason St., Salem
Jatinder Vij, 14 Collins St. #13, Peabody
#174 – TAXI OPERATOR LICENSE DENIALS
The following license applications were denied.
TAXI OPERATORS Lucius Junior, 32 Perkins St., Salem
Peter Jermyn, 10 High St., Salem
#175 – #176 REQUEST FOR HEARING
The following requests for hearings on the denial of their taxi operator licenses was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session on March 25, 2010.
Lucius Junior, 32 Perkins St., Salem
Peter Jermyn, 10 High St., Salem
#177 - #180 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
CLAIM Denjin Set, 18 Forrester St., Salem
SUBROGATED Greg Patterson/Afni Insurance Services (for Daisy Fernandez), PO Box 3068, Bloomington, IL 6170
Katzman & Katzman, P.C., (for Daisy Fernandez, Omar Fernandez & Diana Mueses), 100 Franklin St., 7th Floor, Boston, MA 02110
Wynn & Wynn, P.C. (for Mark Farrell), 90 New State Highway, Raynham, MA 02767
#181 - #182 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Jay Martel, 5 Hood Rd, Danvers
Mark L. Finer, 107 Foster St., Peabody
(#131) SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING HATHRONE STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42 Sec. 50B Handicap Parking, Limited Time Hathorne Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Prevey the meeting adjourned at 8:00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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