“Know Your Rights Under the Open Meeting Law, M.G.L. Councillor 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council held in the Council Chamber on Thursday,
March 10, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on March 4, 2011 at 9:27 P.M. This meeting is being taped and is
live on S.A.T.V.
All Councillors were present. Councillor Pelletier excused himself and left due to illness at 7:30 P.M.
Council President Ryan presided.
Councillor O’Keefe 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
1. Barry C. Neely, 15 Lynde Street – withdrew and did not speak
2. Teasie Riley Goggin – 7 Wisteria St. – spoke regarding the Lease Agreement for
120 Washington St.
#142 - APPOINTMENT OF JAMIE METSCH TO THE ZONING BOARD OF APPEALS
Held until the next meeting under the rules the Mayor’s appointment of Jamie Metsch to serve as a member on the Zoning Board of Appeals with a term to expire on May 1, 2013, was
#143 - #144 CONSTABLES
The Mayor’s appointment of the following to serve as Constables with the following terms to expire, was received and placed on file.
Gerardo Spagnuolo, 6 Esquire Dr., Peabody Term to Expire: February 11, 2012
Garcia Linton, 109 Mason St., Salem Term to Expire: February 25, 2012
#145 – TRANSFER TO OF $63,054.20 TO VARIOUS FIRE DEPARTMENT ACCOUNTS
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Sixty-Three Thousand Fifty-Four Dollars and Twenty Cents ($63,054.20) is hereby transferred from the “Human Resources – Collective Bargaining Reserve” account to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
Fire – Full Time Salaries $22,560.92
Fire – FF Recognition Stipend $27,500.00
Fire – Full Time Salaries – Retro $6,768.28
Fire – EMT $3,750.00
Fire – 1st Responder $2,475.00
Total $63,054.20
#146 – APPROPRIATION OF $7,500.00 TO VARIOUS VETERANS ACCOUNTS
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Seven Thousand Five Hundred Dollars ($7,500.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the Veterans accounts listed below in accordance with the recommendation of Her Honor the Mayor.
Veterans – Veterans Day $2,000.00
Veterans – Ground Maintenance $5,500.00
Total $7,500.00
Councillor Pelletier excused himself and left due to illness at 7:30 P.M.
#147 – AUTHORIZE MAYOR TO ENTER INTO NEW FIVE YEAR LEASE AGREEMENT FOR 120 WASHINGTON STREET FOR MUNICIPAL OFFICE SPACE
The following Order recommended by the Mayor, was referred defeated by a roll call vote of 6 yeas, 4 nays 1 absent. (8 votes required)
Councillor Lovely moved for suspension of the rules to allow the Mayor to speak.
Councillor Pinto objected.
Councillor O’Keefe moved for suspension of the rules to allow the Solicitor to speak.
Councillor Ronan objected.
ORDERED: Now Therefore Be It Hereby Ordered by the City Council of the City of Salem, as follows:
That the Mayor is hereby authorized to enter into a lease agreement for the premises located at 120 Washington Street under the terms and conditions previously submitted (see attached summary) with the exception that the term of the lease shall commence April 1, 2011 and a revised section 8, which shall be deleted and replaced with the following language:
8a. Option for Early Termination. In the event Tenant is able to construct or purchase office space for its municipal offices located within the leased premises of the Landlord, then Tenant may terminated this Lease Agreement prior to the Expiration Date (March 31, 2016) so long as the Tenant provides the Landlord with 12 months prior written notice of its intent to terminate the lease early, but in no event shall the Lease terminate subject to this section prior to March 31, 2014. A termination of this Lease under this section prior to March 31, 2016 shall subject the Tenant to an early termination fee of $28,333.00, one month’s rental payment.
b. Option to Extend. In the event Tenant does not exercise its option to terminate the Lease as set forth in Section 8a above, Tenant shall have the option to extend the Lease upon the same terms, other than the Rent, for five successive one-year terms (the so-called “Option Terms”). Tenant must provide written notice to Landlord of its intent to extend the Lease at least six (6) months before the first day of the Option Term.
If Tenant does not provide written notice to Landlord of its intent to renew the Lease, Landlord in its sole discretion may place signage, banner or other advertisements on the Building, including at the level of the Premises, indicating the Premises is available for lease.
Annual Rent and Monthly Installments for each Option Term shall be subject to an increase equal to the percentage change in the “Consumer Price Index for Urban Earners and Clerical Workers, North of Boston, All items (1982-84=100) (hereinafter referred to as the “Price Index”) published by the Bureau of Labor Statistics of the United States Department of Labor, or any comparable successor or substitute index designated by the Landlord year over year. Notwithstanding the foregoing, in no event shall the increase be less than 0% or greater than 3%. The Annual Rent for the First Option Year shall be set by increasing the current annual rent of $340,000 by the percentage change between the period of December 2015 and December 2010 and in this instance the change in rent shall not be greater than 15%, since the adjustment is
intended to adjust for changes in prices over a period of five years.
#148 - MAYOR’S INFORMATIONAL PAGE
The following Communication from the Mayor was received and placed on file.
Honorable Salem City Council March 8, 2011
Salem City Hall
Salem, MA 01970
Ladies and Gentlemen of the Council:
I am writing to update you on the efforts of the 14 member Parking Study Working Group who have been reviewing and evaluating recommendations to improve parking space management in downtown Salem. In addition to providing direction and feedback to the parking consultant, Nelson/Nygaard, the members have facilitated public outreach throughout the study and worked together diligently to reach consensus on a host of recommendations that will be submitted to the City Council at your second meeting in March.
As you know, this past September, the City Council adopted the Working Group’s recommendation to adopt a policy objective for the parking system to operate at 15 percent on-street availability per block. The Salem Parking Board and the Executive Committee of the Salem Chamber of Commerce also supported this recommendation.
Ideally the Working Group had hoped to submit their recommendations to you for your meeting on March 10th, but I have asked members of the group to hold off until your next meeting so that we can spend more time laying the ground work for the recommendations. In particular, I want to make sure we touch base with Council members whose districts will be most impacted and that we reach out to as many constituencies (residents, retailers, restaurateurs, etc.) in advance of submitting the balance the needs of the various user groups-residents, customers, employees, and visitors. This is no easy feat and thus taking some extra time to gather input and obtain feedback from the various user groups is time well spent.
We have a real opportunity to improve the parking system and I look forward to working with you on this important initiative. If you would like additional information on the proposed recommendations, please feel free to contact either me or Economic Development Manager Tom Daniel in the Planning Department. I want to than Tom and Lynn Duncan, for their commitment and hard work on this initiative.
Very Truly Yours,
Kimberley Driscoll
Mayor
#149 – MONTHLY FINANCIAL REPORT DATED JANUARY 31, 2011
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated January 31, 2011, be referred to the Committee on Administration & Finance. (On file in the City Clerks Office)
#150 – TAG DAY
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day Application be granted for Salem High School Boys Lacrosse to be held on March 19, 201. (On file in the City Clerks Office)
#151 – STATUS OF HIRING A HEALTH AGENT
Councillor Pinto introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the status of hiring of a Board Health Agent. And that the Chairperson for the Board of Health Barbara Poremba be invited.
#152 – RAISE THE IRISH FLAG
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 on March 15, 16 & 17th, 2011 in honor of St. Patrick’s Day.
#153 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING LINDEN 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. Linden Street, in front of #55, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#154 – RESIDENT STICKER PARKING ON DERBY STREET
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss the issue of Resident Parking along Derby Street and the following be invited, Lt. Preczewski, the Parking Board and Mr. Hacker Director of Parking.
#155 – EXTENDED HOURS OF OPERATION FOR BOSTON HOTDOG CO.
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet regarding the temporary six month trial of extended hours of operation for Boston Hotdog Co. to consider making the trial period permanent with it’s existing conditions.
(Letter on file in the City Clerks Office from the owner of Boston Hotdog Co.)
#156 – (#135) 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.
SECOND HAND Re-Find, 72 Washington St., Salem
CLOTHING
#157 – (39 & #78) TAXI OPERATOR HEARING FOR EVANGELIS RODRIGUEZ
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 a hearing on the denial of a taxi operator license for Evangelis Rodriguez, has considered said matter and would recommend granting a temporary license up to June 30, 2011 and that Office Page is to administer and monitor Mr. Rodriguez. The Committee will revisit this matter before June 30, 2011.
#158 – (#91) REVIEW OF ORDINANCE RELATIVE TO COMPENSATION FOR THE MAYOR
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of reviewing Chapter 2 Section 2-142 Ordinance relative to the Compensation for the Mayor, has considered said matter and would recommend keeping the compensation the same.
#159 – (#92) REVIEW OF ORDINANCE RELATIVE TO COMPENSATION FOR THE SCHOOL COMMITTEE
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of reviewing Chapter 2 Section 2-956 Ordinance relative to the Compensation for the School Committee, has considered said matter and would recommend that the School Committee’s compensation be tied to the Mayor’s compensation at 6% and refer the matter to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
#160 – (#589) REVOLVING ACCOUNT FOR WINTER ISLAND
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. 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 revolving account for Winter Island has considered said matter and would recommend that the natter be discharged.
#161 – MONTHLY AND YEARLY FINANCIAL REPORTS
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of Monthly and Yearly Financial reports has considered said matter and would recommend that these matters remain in committee. (Reports on file in the City Clerks Office)
#162 – (#685 of 2010) SALEM USED FURNITURE STORE CLOSING
A communication from Nicholas Zakos, owner of Second Hand Valuable License for Salem Used Furniture, 107 Bridge St. informing Council of Store Closing was received and placed on file.
#163 – WICKED RUNNING CLUB ROAD RACE
A request from Wicked Running Club to hold a road race on Friday, July 15, 2011 at 8:00 P.M. and use of City Streets, was granted.
#164 - #165 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES Tim Maguire, 127 Essex St., Salem
Peter White, 28 High St., Salem
TAG DAYS SHS Acapella Group, April 2, 2011
SHS Boys Lacrosse, April 10, 2011
SHS Jazz Band, April 16, 2011
SHS Best Buddies Club, April 30, 2011 and May 1, 2011
SHS Percussion & Colorguard, May 14, 2011
SHS Boys Lacrosse, May 15, 2011
#166 – TAXI OPERATOR LICENSES
The following license applications were granted.
TAXI OPERATORS Scott Boyle, 9 Perkins St. A-1L, Gloucester
Erickson Thompson, 2 Perkins St., Peabody
Dijwar Sheikhou, 50 Perkins St., Salem
Thomas Alley, 27 Webb St., Salem
Peter Jermyn, 10 High St., Salem
Robert Ruest, 6 Dustin St., Peabody
Robert Latulippe, 7G Central Ct., Beverly
John Kozlowski, 13 Silver St., Salem
#167 – DRAINLAYER / CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator License was granted.
D’Alelio Construction Co., 51 Lewis Road, Swampscott
#168 - #176 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Michael Duffy & Elizabeth Gruenfeld, 1 Warren Ct., Salem
Gail Blanchard, 100 North St., Salem
Ruth Suber, 73 Broad St., Lynn
Katherine Tufts, 13 Carlton St., Salem
Ariele Goldman & Timothy Donlan, 14 Whalers Ln, Salem
Verizon, P.O. Box 60770, Oklahoma City, OK
Verizon, P.O. Box 60770, Oklahoma City, OK
Derek Androvett, 13R Main St., Peabody
SUBROGATED Atty. George Atkins (for Carmen Lopez), 59 Federal St., Salem
#177 - #178 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Gerardo Spagnuolo, 6 Esquire Dr., Peabody
Garcia Linton, 109 Mason St., Salem
(#130A) SECOND PASSAGE ORDINANCE RELATIVE TO COMPENSATION OF ELECTED OFFICIALS
The matter of second and final passage of an Ordinance amending Chapter 2, Section 2-278 Elected Officials receiving compensation, was then taken up. The Ordinance was adopted for second and final passage. (First passage adopted on February 24, 2011)
On the motion of Councillor Prevey the meeting adjourned at 8:35 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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