“Know Your Rights Under the Open Meeting Law, M.G.L. c. 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
January 13, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on January 6, 2011 at 5:27 P.M. This meeting was taped and was
live on S.A.T.V.
Councillor Sosnowksi was recorded as absent.
Council President Ryan presided.
Councillor Pinto moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Ryan requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
There was no public testimony.
Councillor McCarthy requested a moment of silence for Councillor Sosnowski’s brother Mark Sosnowski who passed away and also for Council President Ryan’s aunt Mary Louise Butler who also passed away.
(#614) – APPOINTMENT OF KATHLEEN MCMAHON AS TREASURER
Held from the last meeting the Mayor’s appointment of Kathleen McMahon to serve as the City of Salem’s Treasurer with a term to expire on January 31, 2013, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Sosnowski was recorded as absent.
Councillor McCarthy requested and received unanimous consent for suspension of the rules to allow Ms. McMahon to speak.
Councillor McCarthy requested that a City Seal be sent to Ann Busteed.
#4 – APPOINTMENT OF KATHERINE FABISZEWSKI AS ASSISTANT TREASURER
The Mayor’s appointment of Katherine Fabiszewski to serve as the City of Salem’s Assistant Treasurer with a term to expire January 31, 2014, was held until the next meeting under the rules.
#5 – APPOINTMENT OF BONNIE CELI TO SERVE AS THE PARKING CLERK / HEARING OFFICER
The Mayor’s appointment of Bonnie Celi to serve as the City of Salem’s Parking Clerk/Hearings Officer with a term to expire January 31, 2013, was held until the next meeting under the rules.
#6 - #8 CONSTABLES
The Mayor’s reappointment of the following to serve as Constables with the following terms to expire, was received and placed on file.
James Barina, 5 Hancock St., Salem Term to expire: January 3, 2014
George Curran, 138 Bedford St., Burlington Term to expire: January 1, 2014
Fotis Plessas, 11 Hatzis Way, Lynn Term to expire: January 6, 2014
#9 – APPR. TO BE EXPENDED FOR RETIREMENT OF LORRAINE JACKSON FROM THE LIBRARY
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Twenty-Four Thousand, Eight Hundred and Sixty-Seven Dollars and Ninety Cents ($24,867.90) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for the individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.
Lorraine Jackson Library $24,867.90
#10 – TRANSFER TO “PUBLIC SERVICES – WATER OVERTIME”
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from “Retained Earnings – Water Fund” account to “Public Services – Water Overtime” account in accordance with the recommendation of Her Honor the Mayor.
#11 – APPR. TO CITY “CITY COUNCIL – ADVERTISING”
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to “City Council – Advertising” account in accordance with the recommendation of Her Honor the Mayor.
#12 – TRANSFER TO “HARBORMASTER – GAS / OIL HEAT”
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of One Thousand Dollars ($1,000.00) is hereby appropriated from “Receipts Reserved – Harbormaster” account to “Harbormaster – Gas/oil Heat” account in accordance with the recommendation of Her Honor the Mayor.
#13 – RESOLUTION MASSACHUSETTS SCHOOL BUILDING AUTHORITY STATEMENT OF INTEREST FORM FOR SALEM HIGH SCHOOL
The following Resolution recommended by the Mayor, was adopted by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Sosnowski was recorded as absent.
Be it hereby RESOLVED By the Salem City Council, as follows:
Having convened in an open meeting on January 13, 2011, the Salem City Council, in accordance with its charter and ordinances, hereby votes to authorize the Superintendent to submit to the Massachusetts School Building Authority a Statement of Interest Form, dated January 3, 2011, for the Salem High School, located at 77 Willson Street, Salem, Massachusetts, which describes and explains the following deficiencies and the priority category(s) for which the Salem Public Schools may be invited to apply to the Massachusetts School Building Authority in the future.
The following priorities have been included in the Statement of Interest:
No. 1: Replacement or renovation of a building which is structurally unsound or otherwise in a condition seriously jeopardizing the health and safety of school children, where no alternative exists.
No. 5: Replacement, renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility.
No. 7: Replacement of or addition to obsolete buildings in order to provide a full range of complete programs consistent with state and approved local requirements.
With the acceptance by the Massachusetts School Building Authority of Collins Middle School and Saltonstall School for “Green Repair” status, Salem High School is the Salem School Committee’s District Priority School, having unanimously voted in an open meeting on Monday, January 3, 2011 to do so.
And hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City of Salem to filing an application for funding with the Massachusetts School Building Authority.
Councillor McCarthy assumed the Chair as Council President Ryan recused himself and left the Council Chambers.
#14 – HOME RULE PETITION FOR CONVERSION OF EXISTING SEASONAL LIQUOR LICENSES TO YEAR ROUND LICENSES
The following Home Rule Petition recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
Home Rule Petition to the General Court for conversion of existing seasonal Liquor Licenses to a year round license and to establish up to three new licenses for new or existing entities.
That a petition to the General Court, accompanied by a bill for the conversion of certain seasonal licenses and for 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 the authority of the same, as follows:
SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the City of Salem may convert the three currently-issued seasonal licenses for the sale of all alcoholic beverages to be drunk on the premises and the four currently-issued seasonal licenses for wine and malt beverages to be drunk on the premises to three annual licenses for the sale of all alcoholic beverages to be drunk on the premises and four annual licenses for the sale of wine and malt beverages to be drunk on the premises. Any such license shall be subject to all of said chapter 138 except said section 17. An applicant for conversion of a seasonal all alcoholic beverages license for the same premises and location shall not be required to notify abutters as required by section 15A of said
chapter 138. An applicant for conversion from a seasonal all alcohol license to be drunk on the premises who also holds an annual wine and malt beverage license to be drunk on the premises shall physically surrender the annual wine and malt beverage license to the local licensing authority upon conversion, with all of the legal rights, privileges and restrictions pertaining thereto, and said local licensing authority may then grant the license to a new applicant within the city’s B-5 zoning district.
SECTION 2. (a) Notwithstanding any general or special law or rule or regulation to the contrary, the licensing authority may only approve the conversion of a license at the same location as the current seasonal license. Failure to use or operate the license for six consecutive months may, after a hearing, cause the license to revert to the city. That license may then be re-issued by the licensing authority at the same location or at a location within the City’s B5 Zoning District if the applicant for the license files with the licensing authority a letter in writing from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid.
(b) If a license converted under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same location or at a location within the city’s B5 Zoning District and under the same conditions as specified in this act.
SECTION 3. (a)Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Salem may issue up to three additional annual licenses for the sale of all alcoholic beverages to
be drunk on the premises. Any such license shall be subject to all of said chapter 138 except said section 17.
(b) If a license issued under this act is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same location or at a location within the city’s B5 Zoning District and under the same conditions as specified in this act.
SECTION 4. (a) The fee charged by the city of Salem for the issuance of a new license or the conversion to an annual license for the sale of all alcoholic beverages or wine and malt beverages issued pursuant to this act shall be paid by the licensee to the city in full at the time of issuance, unless the licensing authority agrees to enter into an arrangement with the recipient of a license which would enable the fee to be divided into multiple payments or prorated over multiple periods of time.
(b) If the city of Salem charges a fee for any new license or the conversion of a seasonal license to an annual license for the sale of wine and malt beverages or all alcoholic beverages issued pursuant to this act which is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city, then the city shall establish an economic development account and deposit the fee which shall be expended by the city in a manner consistent with the purposes of the account.
SECTION 5. This act shall take effect upon its passage.
#15 – SNOW REMOVAL
Councillor Sargent introduced the following Order, which was adopted.
ORDER: That the Committee on Government Services co-posted with Committee of the Whole meet to discuss the concerns of the neighborhood groups with regard to snow removal and any options that might be available to help improve the process. And that the following be invited: DPW Director, Building Inspector, City Solicitor and members of the ASNA. And that this meeting be scheduled as soon as possible.
#16 – YEAR TO DATE BUDGET REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDER: That the Year to Date Budget Report dated November 30, 2010, be referred to the Committee on Administration and Finance.
#17 – MONTHLY FINANCIAL REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDER: That the Monthly Financial Report dated November 30, 2010, be referred to the Committee on Administration and Finance.
#18 – YEAR TO DATE BUDGET REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDER: That the Year to Date Budget Report dated December 31, 2010, be referred to the Committee on Administration and Finance.
#19 – ORDINANCE TRAFFIC HANDICAP PARKING HOLLY STREET
Councillor Ronan introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eleven
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. Holly Street, beginning at a point twenty (20) feet from Lafayette Street, for a distance of twenty (20) feet along property line of 236 Lafayette Street, “Handicap Parking, Tow Zone”.
Section 2. This ordinance shall take effect as provided by City Charter.
#20 – ORDINANCE TRAFFIC HANDICAP PARKING DUNLAP STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eleven
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. Dunlap Street, beginning at a point twenty (20) feet from Mason Street, along the property line of 48 Mason Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This ordinance shall take effect as provided by City Charter.
#21 – ORDINANCE TRAFFIC HANDICAP PARKING GRANITE STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eleven
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. Granite 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.
#22 – RESOLUTION TO GENERAL COURT FOR LEGISLATION TO ADOPT PROTECTIONS FOR GOVERNMENTALLY INVOLVED HOUSING
Councillor O’Keefe introduced the following Resolution, was adopted by roll call vote 10 yeas, 0 nays, 1 absent. Councillors Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Sosnowski was recorded as absent.
Authorizing the City of Salem to Petition the Legislature for authority to adopt protections for Governmentally Involved Housing.
WHEREAS, the City of Salem desires to adopt protections for governmentally involved housing; and
WHEREAS, the City of Salem is petitioning the General Court for passage of legislation authorizing such a change; and
WHEREAS, a majority vote of approval by the Salem City Council is required for the filing of such petition;
NOW THEREFORE, BE IT VOTED BY THE CITY COUNCIL OF THE CITY OF SALEM, as follows:
Ordered: That a petition to the General Court, accompanied by a bill for a special law relating to the city of Salem to 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 legislation be adopted precisely as follows, except for clerical or editorial changes of form only:
AN ACT TO ADOPT PROTECTIONS FOR SALEM’S GOVERNMENTALLY-INVOLVED HOUSING STOCK
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1.
Whereas, a serious public emergency exists with respect to the housing of citizens in Salem residing in governmentally-involved housing, inasmuch as there is a threat that many low-income individuals and families residing in such housing, particularly those elderly and disabled, may be threatened with displacement as a result of prepayment of mort-gage financing, loss of use restrictions, expiring subsidy contracts, and expected increases in rent, and there is a threat that affordable housing stock will be lost due to expiration of use restrictions and subsidy contracts and such pre-payment, further exacerbating an extreme housing shortage within the city for low-income families and voters, and whereas, in approving Chapter 40 P of the General Laws, the voters did not exempt such housing from protection or regulation and whereas it is
the city's policy to encourage owners of this governmentally-involved housing to accept incentives to keep such housing affordable and avert displacement, that such emer-gency should be met by the city of Salem immediately; therefore, this act is declared to be in the public interest.
SECTION 2.
(A) Notwithstanding the provisions of any general or special law to the contrary, including, without limitation, the provisions of Chapter Forty P of the General Laws and Chapter 282 of the Acts of Nineteen Hundred and Ninety-four, for so long as the City Council of Salem shall determine that the circumstances described in section one hereof continue to exist, the City of Salem shall by ordinance regulate the rent for use or occupancy of governmentally-involved or formerly governmentally-involved housing to the extent such regulation is not preempted by federal law or by Section Six of Chapter 708 of the Acts of Nineteen Hundred and Sixty-six as amended, once the basis for federal or state rent regulation or preemption no longer exists. For purposes of this act, “governmentally-involved housing” is defined as housing
units which the United States, the Commonwealth or any authority created under the laws thereof (i) insures the mortgage thereon, or owns, operates, finances, or subsidizes such housing units, and (ii) regulates the individual rents thereof, including without limitation housing units constructed or reha-bilitated pursuant to Section 202 of the Housing Act of 1959, as amended (12 U.S.C. § 1701q), Sections 221(d) and 236 of the National Housing Act, as
amended (12 U.S.C. §§ 1715l(d) or 1715z-1), Section 811 of the Cranston-Gonzalez National Affordable Housing Act, as amended (42 U.S.C. § 8013), or Section 13A of Chapter 708 of the Acts of Nineteen Hundred and Sixty-six, added by Section 10 of Chapter 855 of the Acts of Nineteen Hundred and Seventy, as amended (M.G.L. c. 23A App. § 1-13A), or housing units financed or subsidized pursuant to project-based programs for low-income persons under Section 8 of the United States Housing Act of 1937, as amended (42 U.S.C. § 1437f) or the project-based Massachusetts Rental Voucher Program, so-called (see line item 7004-9004 of Section 2 of chapter 159 of the Acts of Two Thousand, as well as 760 C.M.R. Part 49.00), but not including the following:-
(1) housing units owned or acquired by the City of Salem through tax foreclosure;
(2) housing units in a building or structure of fewer than one hundred units which are not part of a larger housing development, whether on one or more sites;
(3) structures containing housing units subsidized with mobile tenant-based rental assistance that would not otherwise come within the definition of governmentally involved housing;
(4) public housing owned or operated by the Salem Housing Authority under Chapter 121Bf of the General Laws, the United States Housing Act of 1937 (42 U.S.C. §§ 1437a et seq.), or any successor act or public housing programs formerly assisted under the United States Housing Act of 1937;
(5) housing units where the sole government involvement is the owner’s participation in federal, state, or municipal funded programs for home repairs, energy conservation, or lead paint abatement.
(6) housing units which become governmentally involved after January 1, 2009;
For the purpose of this act, “formerly governmentally-involved housing” is defined as housing which was governmentally-involved housing as of July 1, 1996, or which becomes governmentally-involved housing after July 1, 1996, but which then no longer is owned, operated, financed, subsidized, mortgage-insured, or rent-regulated by the United States, the Commonwealth, or any authority created under the laws thereof, provided that “formerly governmentally involved housing” shall include any housing receiving subsidy under Section 8(t) of the United States Housing Act of 1937 (42 U.S.C. § 1437f(t)).
For the purpose of this act, “low-income” is defined as annual household income which is eighty per cent or less of the median income for the area as determined by the United States Department of Housing and Urban Development, with adjustments for smaller and larger families.
The City of Salem shall by ordinance create an official body to establish as the maximum rent for the governmentally-involved and formerly governmentally-involved housing units the rent in effect therefor on July 1, 1996 or six months before the basis for federal or state rent regulation or preemption lapsed, whichever is later, adjusted to insure such rent provides a fair net operating income as of the date of the official body’s decision, provided, however, said ordinance shall authorize the official body to make individual adjustments in such maximum rents as may be necessary to remove hardships or to correct other inequities. In making individual adjustments to remove hardships or to correct other inequities, the official body
shall observe the principle of maintaining maximum rents for such housing units at levels which will yield to owners a fair net operating income from such housing units. In determining whether the maximum rent for such housing units yields a fair net operating income, due consideration shall be given to, among other relevant factors: (1) increases in property taxes; (2) unavoidable increases in operating and
maintenance expenses; (3) major capital improvement of the housing units, distinguished from ordinary repair, replacement, and maintenance; (4) increases or decreases in living space, services, furniture, furnishings or equipment; and (5) substantial deterioration of the housing units, other than ordinary wear and tear, or failure to perform ordinary repair, replacement, or maintenance.
(B) Such ordinance shall provide that no person shall bring an action to recover possession of a governmentally-involved housing unit, or of a formerly governmentally- involved housing unit, to the extent that such regulation is not otherwise preempted by federal law or Section Six of Chapter 708 of the Acts of Nineteen Hundred and Sixty-six as amended, unless:
(1) the tenant has failed to pay the rent to which the owner is entitled;
(2) the tenant has violated an obligation or covenant of tenancy not inconsistent with Chapter 93A of the General Laws or this Act other than the obliga-tion to surrender possession upon proper notice, and has failed to- cure the violation after having received written notice thereof;
(3) the tenant is causing, committing, or permitting a nuisance in, or substantial damage to, the housing unit, or is creating substantial interference with the comfort, safety, or enjoyment of the owner or other occupants of the same or any adjacent unit;
(4) the tenant has used or permitted use of a housing unit for illegal purposes;
(5) the tenant, who had a written lease or rental agreement which has terminated, has refused, after written requests or demand by the owner, to execute a written extension or renewal thereof for a further term of like duration on terms not inconsistent with or violative of any provision of this act;
(6) the tenant has refused the owner reasonable access to the housing unit for the purpose of making necessary repairs or improvements required by law, or for the purpose of inspection as permitted or required by the lease or law, or for the purpose of showing the housing unit to any prospective purchaser or mortgagee;
(7) the tenant holding at the end of a lease term is a subtenant not approved by the owner; or
(8) the owner seeks to recover possession for any other just cause not in conflict with the provisions and purposes of this Act or Chapter 93A of the General Laws.
The provisions of this section shall be construed as additional restrictions on the right to recover possession of such housing units.
(C) Such ordinance shall also provide that no person shall remove any governmentally-involved or formerly governmentally-involved housing accommodation from low-income rental housing use (including but not limited to sale, lease, or other disposition of the property which may have such an effect), or convert such property to a condominium or cooperative, without first obtaining a permit for that purpose from the official body, to the extent that such provision is not preempted by federal law or Section Six of Chapter 708 of the Acts of Nineteen Hundred and Sixty-six as amended. Such permit may be subject to terms and conditions not inconsistent with the purposes and provisions of this Act, including, without limitation, (a) incentives to continue in effect the low-income restrictions previously in place for the
property and (b) where sale, lease, or disposition of the property may result in the loss of all or a portion of the property for low-income rental housing use, the right of an incorporated tenants association in such housing, the city of Salem, the Salem Housing Authority, or non-profit community development corporations to negotiate for, acquire and operate
such property on substantially equivalent terms and conditions as offered or available to a bona fide third-party purchaser.
(D) To the extent not preempted by federal law or Section Six of Chapter 708 of the Acts of Nineteen Hundred and Sixty-six as amended, such ordinance shall require that owners of governmentally-involved housing, or formerly governmentally involved housing, affirmatively seek out and accept any prospective governmental housing resources, whether tenant-based or project-based, which maximize affordability of the housing units consistent with the income character of the property and the owner’s right to obtain a fair net operating income for the housing units, provided that the City shall assist owners by identifying such governmental housing resources.
(E) To the extent not preempted by federal law or Section Six of Chapter 708 of the Acts of Nineteen Hundred and Sixty-six as amended, and so long as such regulation is consistent with the owner’s right to obtain a fair net operating income, such ordinance shall also provide that the City may establish local preferences, priorities, and income limits for admission to governmentally-involved housing or formerly governmentally-involved housing upon unit turnover, consistent, to the extent practicable, with the income profile of the property twelve months prior to the date of the loss of rent preemption or the decision to not renew an expiring subsidy contract. The official body may approve an alternate plan requested by the owner, consistent with the
provisions of this Act. No ordinance or regulation shall require an owner to create a tenancy involving any person with a history of conduct which would, if repeated, be grounds for eviction from such housing.
(F) Such ordinance shall also provide that the official body may grant exemptions and exceptions to the general provisions of this Act when such action would tend to maintain or increase the supply of affordable housing in Salem, including, without limitation, promoting the sale of properties to bona fide tenant organizations or non-profit community development corporations under terms and conditions which would tend to maintain the income character of the property.
(G) Such ordinance shall provide that the official body may promul-gate such rules, regulations and orders as it may deem necessary to effectuate the purposes of this Act and the ordinance. The board may hold hearings on any matters within its authority under this Act and ordinance. Any hearings regarding matters related to regulation of rents or removal permits for governmentally involved or formerly governmentally involved housing or regarding compliance with other provisions of this Act, or the ordinance, orders, rules, or regulations adopted or promulgated hereunder, shall be conducted by the official body in accordance with the provisions of Section Eleven of Chapter Thirty A of the General Laws except that requirements (7)
and (8) of such Section Eleven shall not apply to such hearings.
(H) All decisions of the official body may be appealed to the housing court department of the trial court, Northeast Division, by any person aggrieved thereby, whether or not previously a party in the matter, within thirty calendar days after notice of such decision. Judicial review of adjudicatory decisions shall be conducted in accordance with Section Fourteen of Chapter Thirty A of the General Laws. Judicial review of regulations shall be conducted in accordance with Section Seven of Chapter Thirty A of the General Laws. The housing court department of the trial court, Northeast Division, shall have jurisdiction to enforce the provisions hereof and any ordinance, rule or regulation adopted hereunder, and on application of the
board or any aggrieved person may restrain or enjoin violations of any such ordinance, rule, or regulation. In the interests of justice, the court may allow any necessary parties to be joined in or to intervene in any action brought hereunder and may in its discretion allow or require an action to proceed as a class action.
SECTION 3. It shall be unlawful for any person to do or omit to do any action in violation of this Act, or any order, ordinance, rule or regulation adopted or promulgated hereunder. Whoever willfully violates any provision of this Act or any order, ordinance, rule or regulation adopted or promulgated hereunder or whoever makes a false statement in any testimony before the board or its agents, or whoever knowingly supplies the official body with false infor-mation shall be punished by a fine of not more than four hundred dollars or by imprisonment for not more than ninety days, or both; provided, however, that in the case of a second or subsequent offense, or where the violation continues after notice thereof, such person shall be punished by a fine of not
more than two thousand dollars, or by imprisonment for not more than one year, or both.
SECTION 4. The provisions of this Act are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provi-sions.
SECTION 5. The provisions of M.G.L. c.40P shall not apply to any ordinance adopted under this enabling authority.
SECTION 6. This Act shall take effect upon passage.
Counicllor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#23 (#683 - #687) GRANTING LICENSES
Councillor Lovely 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.
SEAWORMS Antonios Konstantilakis, 4 Bow St., Salem
Jose Machado, 3 Emmett St., Peabody
Joe Mendonca, 22 Spring St., Peabody
Analiano Silva, 25 Driscoll St., Peabody
Manuel Silva, 80 Northend St., Peabody
SECON HAND Boston St. Resale, 134 ½ Boston St., Salem
CLOTHING Two Girls Shop, 320 Derby St., Salem
SECOND HAND Treasurers Over Time, 139 Washington St, Salem
VALUABLES Bernard’s Jewelers, 179 Essex St., Salem
Europa Ltd., 3 Hawthorne Blvd., Salem
The Record Exchange, 256 Washington St., Salem
Tobies Jewelry, 142 Washington St.,Salem
Salem Used Furniture & Antiques, 107 ½ Bridge St., Salem
Two Girls Shop, 320 Derby St., Salem
SECOND HAND
VALUABLE Glass And Etc., Museum Place Mall, Suite 129, Salem
Filigree & Fancy, Pickering Wharf, Salem
TAG DAYS S.H.S. Swimming & Diving, January 23, 2011 & January 29, 2011
S.H.S. Field Hockey, September 17, 2011 & October 1, 2011
#24 (#682) PUBLIC GUIDE LICENSES
Councillor Lovely 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 public guide licenses has considered said matter and would recommend that the following licenses remain in Committee.
PUBLIC GUIDES Richard Metzger, 25 Shepard St., Marblehead
Michael Metzger, 25 Shepard St., Marblehead
Susan Metzger, 25 Shepard St., Marblehead
Herb Van Dam, 361 Lafayette St., Salem
Allen Winecour, 161 Garland St., Everett
Gordon Lothrop, 12 Fairfield St., Salem
Robert Woodward, 56 Hatherly Rd., Rockland
Jeffrey Langone, 25 Brookside Ln., Burlington
Brad Biscosnet, 24 Pawtucket Blvd., Tyngsboro
Steven Kee, 185 Lafayette St., Salem
Christiann Van Damme, 185 Lafayette St., Salem
Michelle Gilliss, 3 Auburn St., Danvers
Mollie Stewart, 24 Essex St. #1, Salem
Jeffrey Horton, 27 Bar Link Way #81, Swampscott
Fran Marrow, 12 Strawberry Hill Ln., Danvers
#25 – (#657) APPR. TO PUBLIC SERVICES – WATER OVERTIME
Councillor McCarthy 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 Affairs to whom was referred the matter of an Appropriation of $10,000.00 to Public Services – Water Overtime account, has considered said matter and would recommend approval.
#26 – (#653) APPR. TO STABILIZATION & CAPITAL IMPROVEMENT FUNDS
Councillor McCarthy 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 Affairs to whom was referred the matter of an Appropriation of $300,244.00 to the Stabilization & Capital Improvement Funds, has considered said matter and would recommend approval.
#27 – (#656) APPR. FOR WHARF PROJECT AT BLANEY STREET
Councillor McCarthy 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 Affairs to whom was referred the matter of an Appropriation of $250,000.00 to be expended for the Wharf Project at Blaney Street, has considered said matter and would recommend approval.
#28 – (#654) APPR. TO BLANEY STREET PROJECT GRANT
Councillor McCarthy 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 Affairs to whom was referred the matter of an Appropriation of $150,000.00 to the Blaney Street Project Grant, has considered said matter and would recommend approval.
#29 – CANCER WALK AND 5K ROAD RACE
A request from North Shore Medical Center to hold their annual Cancer Walk and 5K Road Race and the closing of Derby & Lafayette Streets on June 26, 2011, was granted.
#30 – FREE MASONS TO RESERVE PARKING SPACES FOR BLOOD DRIVE
A request from the Free Masons to reserve four parking spaces in front of 70 Washington Street to hold Red Cross blood drives in 2011 on February 16th, April 13th, June 15th, August 18th, and December 14th, was granted.
#31 – #37 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES James McAllister, 86 Federal St., Salem
Nancy Sweeter, 60 Burley St., Danvers
Douglas Sabin, 34 Northey St., Salem
Hannah Diozzi, 20 Pleasant St., Salem
Steven Burstein, 76 Allen St., Arlington
Heather Allen, 1 Loring Ave., Salem
Emily Reardon, 15 Joan St., South Hadley
Victoria McKillop, 568 Bay Rd., S. Hamilton
Allison Emery, 1 Loring Ave., Salem
Jacqueline Kamel, 75 Pocahontas St., Walpole
Daniel Rodgers, 357 Essex St., Salem
JUNK DEALER Frederic W. Hutchinson, 15 Robinson Rd., Salem
SEAWORMS Manuel P. Silva, 52 Paleologos St., Peabody
Manuel Carroca, 12 Union St., Peabody
SECOND HAND Modern Millie, 103 Washington St., Salem
CLOTHING
SECOND HAND RJ Coins, 72 Wharf St., Salem
VALUABLES Salem Coin & Jewelry, 149A North St., Salem
Witch City Consignment & Thrift, 301 Essex St., Salem
Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
Game Stop and Movies Too, 440 Highland Ave., Salem
Marine Art Gallery, 135 Essex St., Salem
Bewitched in Salem, 180 Essex St., Salem
R.A. DiFillipo Antiques, 55 Lafayette St., Salem
TAG DAYS S.H.S. Marine Corps Junior ROTC, Feb. 12 & 13, 2011
Salem Youth Basketball, March 5, 2011 & March 12, 2011
#38 – TAXI OPERATOR LICENSES
The following licenses were granted.
TAXI OPERATORS Donald Lamontagne, 12 Sabino Farm Rd., Peabody
Paul Rizzo, 30 Prospect St., Gloucester
Robert Berzon, 135 Grove St., Melrose
James Gordon, 13 Conant St., Salem
Alphonse Soltys, 71 Harvest St., Lynn
Robert Espaillat, 6 Hancock St., Salem
Felix Hernandez, 5 Rockdale Park, Peabody
Guillermo Javier, 78 Rainbow Ter., Salem
Gary Richard, 122 Bridge St., Beverly
Robert Cloutier, 48 Balcomb St., Salem
Theodore Karr, 9 Princeton Ave., Beverly
Jose Munoz, 46 Peabody St., #3-2 Salem
Ramon Espinal Jr., 12 Mt. Vernon St., Salem
Wilfredo Badillo, 107 Bridge St., Salem
Cristhian Tejada-Nune, 10 Wallis St., Peabody
Jose Lopez, 256 Loring Ave., Salem
Ricardo Villanneva, 298 Washington St., Salem
Alberto Guerrero, 35 Rockingham St., Lynn
Rudy Rosario, 14 Mason St., Salem
Kilton Joyce, 56 River St., Beverly
Cayles Pacheco, 29 Albion St., Salem
Franklin Pimentel, 24 Park St. #2, Salem
Jaime Lopez, 34 Hanover St. #6, Lynn
Raymond Fazio, 236 Lafayette St. #4, Salem
Alejandro Fernandez, 15 Foster St. #1, Salem
Michael Orlando, 11A May St., Salem
Ramon Espinal, 12 Mt. Vernon St., Salem
Edwin Gonzalez, 106 Lafayette St., Salem
Paul Moore, 14 Foster St., Peabody
Anthony Zucchari, 48 Catalina Rd., Lynn
Wayne Swiggard, 32 Thornton Ave., Lowell
Wade Durkee, 261 Newbury St. #62, Peabody
David Beauchamps, 388 Essex St., Salem
Rafael Moya, 5A Ropes St., Salem
Hipolito Ozoria, 33 Park St. #1, Salem
Pedro Alberto Taveras, 100 Lafayette St. #307, Salem
Michael Buckley, 12 Crowninshield St. #101, Peabody
Edward Beardsell, 98 Newbury St. 26A, Danvers
Louie Anasoulis, 215 Rantoul St., Beverly
Jeffrey Alexander, 104 Holten St. Danvers
Ramon Romero, 298 Washington St., Salem
Jose Baez, 29 Perkins St. #1, Salem
Michael Paciulli, 50 Jenness St., Lynn
Miguel Pimentel, 16 March St., Salem
Brendall Castillo, 18 1/2 Becket St., Salem
Roberto Disla, 106 Lafayette St., Salem
Shane Kieren, 18 1/2 Becket St., Salem
Felipito Guzman, 6 Grant St., Beverly
Juan Carlos Roman, 142 Canal St., Salem
Clifford Gately, 9 Crombie St. #1, Salem
#39 – TAXI OPERATORS DENIED
The following licenses were denied.
TAXI OPERATORS Paul Gordon, 56 Margin St., Salem
Kimberley Ocean, 30 Wellman St. #3, Beverly
Evangelis Rodriguez, 114 Central St. Peabody
#40 - #44 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Arthur Brennan, 16 Augustus St., Peabody Joseph Lynch, 12
Ellsworth Rd., Peabody
Darren Goldman, 10 Pleasant St. #1, Salem
Nancy Fawson, 5 School St. Ct., Salem
Carol Kenney, 17 Rockdale Ave., Salem
#45 - #46 BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: Fotis Plessas, 11 Hatzis Way, Lynn
SIGN: Café Valverde Coffee Roasters, 196 Essex St., Salem
(#666) – SECOND PASSAGE – ORDINANCE TRAFFIC PARKING PROHIBITED WEST CIRCLE
The matter of second and final passage of an Ordinance amending Traffic, Parking Prohibited Certain Streets, West Circle was then taken up. The Ordinance was adopted for second and final passage.
(#667) – SECOND PASSAGE – ORDINANCE TRAFFIC PARKING UNMETERED ZONE BOSTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Parking Prohibited Certain Streets, West Circle was then taken up. The Ordinance was adopted for second and final passage.
Councillor Lovely to a moment of personal privilege to wish Councillor O’Keefe a Happy Birthday.
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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