A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
September 9, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice
of this meeting was posted on September 3, 2010 at 9:17 A.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President Robert McCarthy presided.
Councillor Ryan 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 Sosnowski requested and received unanimous consent for a moment of silence for David Goggin former Deputy of the Fire Department who passed away.
#491 – APPT. SUE KEENAN TO HISTORICAL COMMISSION
Received after the deadline of Tuesday Noon under suspension of the rules.
The Mayor’s appointment of Sue Keenan to the Historical Commission with a term to expire on September 1, 2010, was held until the next meeting of September 23, 2010 under the rules.
#492 – # 494 CONSTABLES
The Mayor’s appointment and reappointment of the following to serve as a Constables with the following terms to expire.
Antonio Barletta, Jr., 2 Meadow St., Salem Term to expire: September 5, 2011
Bruce Hall, 65 Newcastle Rd., Peabody Term to expire: July 9, 2013
Michael Panneton, 19 Greenlawn Ave., Salem Term to expire: August 20, 2013
Councillor Lovely moved to divide the question and vote on Antonio Barletta separately. It was so voted.
Councillor Lovely moved that the reappointments of the following Constables with terms as follows be received and placed on file. It was so voted.
Bruce Hall, 65 Newcastle Rd., Peabody Term to expire: July 9, 2013
Michael Panneton, 19 Greenlawn Ave., Salem Term to expire: August 20, 2013
Councillor Sosnowski moved that the appointment of Antonio Barletta, Jr., 2 Meadow St., Salem with a term to expire September 5, 2011, be received and placed on file. It was so voted.
Councillor Lovely was recorded as voting present.
#495 – TRANSFER TO CEMETERY - BURIAL
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby transferred from “Receipts Reserved – Sale of Vaults” account to “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor.
#496 – APPR. TO FUND VACATION / SICK LEAVE BUYBACK FOR RETIREMENT OF ANNE BUSTEED
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 Four Thousand, Seven Hundred and Ninety-Nine Dollars and Ninety-one cents ($4,799.91) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave/Buyback account to be expended for the retirement of Anne Busteed Treasurer Department in accordance with the recommendation of Her Honor the Mayor.
#497 – FILE APPLICATION WITH THE COMMONWEALTH FOR UNISSUED BONDS
Received after the deadline of Tuesday Noon under suspension of the rules.
ORDERED: That the Treasurer is authorized to file an application with the appropriate officials of the Commonwealth of Massachusetts (the “Commonwealth”) to qualify under
Chapter 44A of the General Laws the following authorized but unissued bonds of the City, $12,000.00 Water System Improvement Bonds approved March 17, 2003, and to provide such information and execute such documents as such officials of the Commonwealth may require in connection therewith.
#498 – ACCEPT DONATION FROM TOWN OF DANVERS AND MARBLEHEAD
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donations from the towns listed below totaling Two Thousand Dollars ($2,000.00) 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.
Police Town of Danvers $1,000.00
Police Town of Marblehead $1,000.00
#499 – ACCEPT DONATION FROM CITY OF PEABODY
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from the City of Peabody in the amount of One Thousand Dollars ($1,000.00) 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.
#500 – PUBLIC GUIDE LICENSES
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs do a feasibility study regarding public guide licenses, and the historic accuracy of said guided tours. And that the following be recommended:
1. We require I.D. photo badges, same as required by psychic, CORI checks
2. Require written disclaimer be given to said tourist regarding historic accuracy of said tour
3. Review cost schedule regarding cost of CORI check, photo I.D.’s, licenses etc.
#501 – ORDINANCE TRAFFIC HANDICAP PARKING OLIVER STREET
Councillor Sosnowski 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, Limited Time”
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Oliver Street in front of #5 for a distance of twenty (20) feet, Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#502 – ORDINANCE TRAFFIC STOP SIGN NORTH PINE STREET
Councillor Sosnowski 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 49, “Obedience to Isolated Stop Signs”
Be it ordained by the City Council of the City of Salem as follows:
Section 1. North Pine Street at the intersection with Essex Street, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#503 – ORDINANCE TRAFFIC PARKING PROHIBITED LEGGS HILL ROAD
Councillor O’Keefe 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”
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Leggs Hill Road, beginning at the intersection of Loring Avenue and continuing to the Marblehead line, “No Parking either side, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#504 – ORDINANCE TRAFFIC HANDICAP PARKING
Councillor Prevey 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 50, “Handicap Parking”
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Friend Street in front of #8 for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#505 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
ORDERED: That the Monthly Financial Report dated July 31, 2010, be received and placed on file.
#506 – (#457) COMPREHENSIVE PARKING PLAN
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole, to whom was referred the matter of a Comprehensive Parking Plan, has considered said matter and would recommend that the matter be referred to the Committee on Community and Economic Development co-posted with the Committee of the Whole.
#507 – (#42 of 2009) RESIDENTIAL WIND TURBINES
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole, to whom was referred the matter of an Order regarding Residential Wind Turbines, has considered said matter and would recommend that the matter be discharged from Committee.
#508 – (#631-07, #121-09, #122-09) DENSITY BONUSES
Councillor Lovely offered the following 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 density bonuses, has considered said matter and would recommend it be discharged from Committee.
#509 – (#446) APPROPRIATION FOR TREASURER – CONTRACTED SERVICES
Councillor Prevey offered the following report for the Committee on Administration and Finance.
The Committee on Administration and Finance, to whom was referred the matter of an appropriation of $15,000.00 for Treasurer – Contracted Services, has considered said matter and would recommend it be discharged from Committee.
#510 - #510A SOLICITOR SUBMITTING ORDINANCE RELATIVE TO IMITATION FIREARMS VIOLATION - PENALTY
A communication from City Solicitor Elizabeth Rennard submitting an Ordinance amendment relative to Imitation Firearms Chapter 24 Section 26, (c) Violation – penalty.
Councillor Lovely moved to refer the matter to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
The motion was withdrawn.
Councillor Lovely moved for first passage. It was so voted.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
In the year two thousand and ten
An ordinance to amend an ordinance relative to imitation firearms
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 24-26 Imitation firearms is hereby amended by deleting sub-section
(c) Violation – Penalty in its entirety and replacing it with the following:
“(c) Violation – Penalty.
Any person violating Section 24-26 (b) shall be fined no more than $300.00 for each offense”
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O’Keefe assumed the chair.
#511 - #511A - SOLICITOR SUBMITTING ORDINANCE RELATIVE TO OPERATING ELECTRONIC ASSISTIVE MOBILITY DEVICES
A communication from City Solicitor Elizabeth Rennard submitting an Ordinance relative to Operating Electronic Assistive Mobility Devices.
Councillor Lovely moved to refer the matter to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was so voted.
In the year two thousand and ten
An ordinance to amend an ordinance relative to operating electronic assistive mobility devices
Be it ordained by the City Council of the City of Salem, as follows:
Section I. City of Salem Traffic Ordinance Chapter 42, Section 43 No Driving on Sidewalks, paragraph C is herby amended by adding the phrase “electronic assistive mobility device” after the word “pedicab” as it appears in the first sentence of this paragraph.
Section II. City of Salem Traffic Ordinace Chapter 42 is hereby amended by adding a new Section 43A as follows:
“Section 43A. Operation of Electronic Assistive Mobility Devices
A. Definition
“Electronic assistive mobility device” means a self-balancing, two non-tandem whelled device, designed to transport one person, with an electric propulsion system whose maximum speed on a paved level surface is 12.5 miles per hour or less. Electronic assistive mobility devices include devices such as the Segway ®, but excludes wheelchairs.
B. Required Equipment
(1) Every operator shall wear a helmet that meets the safety requirements of Massachusetts General Law c. 85, sections 11B and 11B ½.
(2) Every electronic personal assistive mobility device operated upon a way shall be equipped with a braking system to enable the operator to bring the electronic personal assistive mobility device to a smooth safe stop within fifteen (15) feet on a dry, clean, hard, level surface.
C. Licensing and Training
(1) Any person or business utilizing electronic assistive mobility devices to conduct tours of the City shall also be licensed by the City Council as a public guide, as provided in the Code of Ordinances, Section 40-26.
(2) Any person or business renting electronic assistive mobility devices to the public, as part of a tour or personal recreational use, shall ensure that operator has sufficient training to operate the device in a safe manner.
(3) No person under the age of 16 shall operate an electronic assistive mobility device.
D. Operating on Sidewalks
(1) Pedestrian shall have the right of way on all sidewalks. The operator of an electronic personal assistive mobility device shall yield to pedestrian in all traffic situations.
(2) The operator of an electronic personal assistive mobility device shall ride at a speed no greater than an ordinary walking speed when on a sidewalk or while entering or exiting a sidewalk.
(3) The operator of an electronic personal assistive mobility device shall give an audible warning before passing a pedestrian far enough in advance to allow the pedestrian time to react.
(4) No person shall operate an electronic personal assistive mobility device on a sidewalk or any public property in a manner that endangers or would potentially endanger any person or damage property.
(5) A person may not park an electronic assistive mobility device upon any sidewalk or way in such a manner that obstructs vehicular or pedestrian traffic.
E. Operation Limited to Certain Streets and Districts
(1) Any tour operator utilizing electronic assistive mobility devices shall limit the tour to the route designated for trolley operators, a copy of which is on file at the office of the City Clerk.
(2) No electronic assistive mobility devices shall be allowed on any sidewalk in the City’s Central Business District unless such operation is on the designated trolley route or a route approved by the Police Traffic Division.
F. Exception
Nothing in this section shall preclude a person with a mobility disability to use an electronic assistive mobility device for his personal use so long as its operation is in accordance with Paragraph D of this section.
G. Violation – Penalty.
Any person violating Section 43A shall be fined no more that $50.00 for each offense.”
Section III. Section 43D of Chapter 42, No truck deliveries, shall be re-named as Sections 43, paragraph D.
Section IV. This Ordinance shall take effect as provided by City Charter.
Councillor McCarthy resumed the chair.
#512 – CONDUITS ON BRIDGE STREET
A hearing was ordered for September 23, 2010 on the petition from Comcast for conduits on Bridge Street.
Councillor O’Keefe assumed the chair.
#513 – CONDUITS ON CONGRESS STREET BRIDGE
The matter of a petition from National Grid for conduits on Congress Street bridge was
referred to the Committee of the Whole.
Councillor McCarthy resumed the chair.
#514 – STREET LICENSE WITH STOPS FOR 1692 TOURS
The matter of a petition from Steven Kee, Salem 1992 Tours, for a proposed street license with stops, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#515 - #516 BLOCK PARTIES
The following requests for block parties were granted.
Orchard Street, September 12, 2010
Lee Street, September 18, 2010
#517 – #518 LICENSE APPLICATIONS
The following list of license applications, were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES: Barbara Farrow, 39 Boylston St. #724, Boston
Kevin Wynott, 64 Veterans Memorial Dr., Peabody
Anita Lessard, 22 Winthrop St., Salem
Nancy Van Dell-Peck, 19 Lincoln Ave., Marblehead
James Lobao, 40 Phillips St., Salem
Gordon Lothrop, 12 Fairfield St., Salem
Peter White, 28 High St., Salem
Alan White, 26 Irving St. #102, Malden
Rachel Spaulding-Legace, 62 Derby St. #3, Salem
TAG DAY S.H.S. Class of 2011, October 9, 2010
#519 - #521 LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATORS Anthony Zucchari, 48 Catalina Row, Lynn
Alejandro Fernandez, 15 Foster St. #1, Salem
Michael J. Orlando, 11A May St., Salem
Franklin Pimentel, 24 Park St. #2, Salem
Jose Cerda Almonte, 38 Prince St. #1, Salem
Marc Birmingham, 2 Lowe St. #2, Peabody
Elizabeth Mullen, 2 Lowe St. #3, Peabody
Edward Beardsell, 98 Newbury #26A, Danvers
Marco Aleixo, 117 Tremont St., Peabody
Wayne Leon Swiggard, 32 Thornton Ave., Lowell
VEHICLE FOR HIRE Salem Trolley, 8 Central St., Salem (1 Trolley)
Revolution Rickshaw, 5 Heritage Dr. #14, Salem (1 Rickshaw)
VEHICLE FOR HIRE Kevin Malone, 12 Anne Dr., Peabody
OPERATORS ONLY David Butler, 16 Hunt St., Danvers
Michelle Cobb, 209 Florence Rd., Waltham
#522 – #533 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Legasey & Niarchos, 100 Museum Place Mall, Salem
L. Robert Nadeau, 51 Herschel St., Lynn
Patricia Moore, 60 Dennison Ave., Swampscott
Kristen D’Agostino, 352 Essex St., Salem
Verizon, CMR Claims Dept., P.O. Box 60770, Oklahoma City, OK
Ellen Crowdis, 3 Station Rd., Salem
Sophone Nualpring (Thai Restaurant), Museum Place Mall, Salem
Christine Connolly, 346 Essex St., Salem
Linda Allen, 17 Woodlawn St., Everett
Donna Gauthier, 45 Forrester St., Salem
SUBROGATED: Barry Feinstein & Affliates (for Aidan Lucia), 100 Lowell St., Peabody
Barry Feinstein & Affliates (for Aidan Lucia), 100 Lowell St., Peabody
#534 – BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: Antonio Barletta, Jr., 2 Meadow St., Salem
Bruce Hall, 65 Newcastle Rd., Peabody
(#351) – SECOND PASSAGE – ORDINANCE AMENDING ZONING, USE REGULATIONS
The matter of second and final passage of an Ordinance amending Zoning Use Regulations and Table of Principal and accessory regulations, was then taken up.
Councillor Ronan moved to amend by deleting sentence in section 10.0 Definitions “Medical Clinic” delete “No matter how the clinic is named, clinic shall not include clinic conducted by a hospital licensed under MGL c. 111 Section 51 or by the Federal government or the Commonwealth. It was so voted.
Adopted as amended for second and final passage by unanimous roll call vote of 11 yeas, 0 nays. 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
(#463.1) – SECOND PASSAGE – ORDINANCE AMENDING SALEM COMMON USE POLICY
The matter of second and final passage of an Ordinance amending Salem Common Use Policy, was then taken up. The ordinance was adopted for second and final passage by a roll call vote of 9 yeas, 2 nays, 0 absent.
Councillors Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillors Furey and Ryan were recorded in the negative.
On the motion of Councillor O’Keefe the meeting adjourned at 8:20 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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