“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 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,
April 14, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on April 8, 2011 at 9:15 P.M. This meeting is being taped and is
live on S.A.T.V.
Councillor Prevey was recorded as absent.
Council President Ryan presided.
Councillor Ronan 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. Teasie Riley Goggin, 7 Wisteria Street, remarked about the HUD application.
2. Matthew Veno, 20 Forest Avenue, Special Permit for Dionne’s Boatyard to use Forest Avenue.
(#179) - APPOINTMENT OF DAVID GILBERT AS WINTER ISLAND MANAGER
Held from the last meeting the Mayor’s appointment of David Gilbert to serve as the Winter Island Manager with a term to expire on February 1, 2013, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Ronan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
(#180) – APPOINTMENT OF ROBERT DIONNE TO THE BOARD OF HEALTH
Held from the last meeting the Mayor’s appointment of Robert Dionne to serve as a member of the Board of Health with a term to expire on April 1, 2014, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Ronan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
#209 – APPOINTMENT OF JULIE CARVER TO THE COUNCIL ON AGING
Mayor’s appointment of Julie Carver to serve as a member of the Council on Aging with a term to expire on April 1, 2014, was held until the next meeting of April 28, 2011 under the rules.
#210 - CONSTABLE
Mayor’s reappointment of Mark Ianuzzi to serve as a Constable with the term to expire on April 14, 2014, was received and placed on file.
#211 – TRANSFER TO “TREASURER – CONTRACTED SERVICES” & “TREASURER – FULL TIME SALARIES”
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-Seven Thousand Five Hundred Dollars ($27,500.00) is hereby transferred from the “Collector’s – Full Time Salary” account to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
“Treasurer – Contracted Services” $19,500.00
“Treasurer – Full time Salaries” 8,000.00
#212 – APPROPRIATION TO “RETIREMENT STABILIZATION FUND – VACATION/SICK LEAVE BUYBACK”
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Ten Thousand, Three Hundred and Fifty Dollars and Ninety Cents ($10,350.90) 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 Department lilsted below in accordance with the recommendation of Her Honor the Mayor.
Barbara Soulard School Dept. $10,350.90
#213 – APPROPRIATION TO BE EXPENDED TO IMPROVE TRAFFIC SIGNALS ON CANAL & MILL STREETS
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 ($5,000.00) is hereby appropriated within the “Capital Outlay – Renovations and Repairs” account to be expended for the renovation and repair of traffic signal light at Canal Street for the Electrical Department in accordance with the recommendation of Her Honor the Mayor.
#214 – HUD APPLICATION FOR COMMUNITY BLOCK GRANT FUNDS
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole.
ORDERED: That the City Council hereby approves the submittal of the City of Salem’s Application for Federal Assistance to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of
July 1, 2011 through June 30, 2012 in the amount determined by HUD’s formula entitlement allocation.
#215 – ACCEPT DONATION FROM N.F.I. MASSACHUSETTS INC.
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from N.F.I. Massachusetts, Inc. in the amount of Four Thousand Dollars ($4,000.00) to fund the maintenance of the utility service for the Youth Resource Center located at 50 Leavitt Street. These funds will be deposited into the Police Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#216 – INCREASE ASSISTANT CITY CLERK SALARY
The following Order recommended by the Mayor, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Ronan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Prevey was recorded as absent.
ORDERED: That the salary of the Assistant City Clerk is hereby increased by the sum of $50.00 per week effective April 4, 2011 as compensation for assuming additional duties within the office of the City Clerk.
#217 – ORDINANCE AMENDING DUTIES OF CLERK OF LICENSING BOARD
The following Ordinance recommended by the Mayor, was adopted for first passage by roll call vote of 9 yeas, 1 nay, 1 absent and referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. Councillors Sargent, Ronan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Sosnowski was recorded in the negative. Councillor Prevey was recorded as absent.
In the year two thousand and eleven
An Ordinance to amend an Ordinance pertaining to the Licensing Board Clerk and duties of the City Solicitor
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 2. Administration is hereby amended as follows:
- Section 2-112 (a) Clerk of Licensing Board is amended by deleting the second sentence in its entirety and replacing it with: “The Clerk shall work under the direction of the City Solicitor to carry out the duties prescribed by the Licensing Board, including all clerical duties in connection with Licensing Board matters as well as other duties.”
- Section 2-115 (b) Director of Inspectional Service’s Duties and Responsibilities is amended by deleting the word “licensing” as it appears in the first sentence.
- Section 2-413 (a) Duties generally of the City Solicitor is amended by adding new duties: “(5) Provide daily supervision and guidance to the Clerk of the Licensing Board, attend Licensing Board meetings as requested by the chair, assist the Licensing Board in the adoption of guidelines and regulations, and provide guidance and counsel on matters before the Board.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#218 – TRANSFER FROM “SOLICITOR – LEGAL SERVICES” TO “SOLICITOR – PERSONNEL”
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of $1,667.00 is hereby transferred from the Solicitor’s Legal Services line item to the Solicitor’s Personnel line item as additional compensation to the Solicitor effective May 1, 2011, increasing the Solicitor’s compensation by $833.33 each month for additional duties related to the Licensing Board.
#219 – MONTHLY FINANCIAL REPORT DATED FEBRUARY 28, 2011
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated February 28, 2011, be referred to Committee on Administration & Finance.
#220 – TWO HOUR PARKING 60 DAY TRIAL ON WINTER STREET
Councillor Sosnowski introduced the following Order, which was adopted
ORDERED: That a two (2) hour parking limit in front of #2 Winter Street starting at a point of twenty (20) feet from Bridge Street and continuing to the property line of #2 - #8 Winter Street, two (2) hour parking 9:00 AM through 5:00 PM, Monday through Friday for a trial period of 60 days.
#221 – ORDINANCE AMENDING TRAFFIC PARKING TIME LIMITED, BRIDGE STREET
Councillor Sosnowski 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 57A, “Parking Limited Time, Unmetered Zone”
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Bridge Street, in front of #45, starting at a point of twenty (20) feet south of Planters Street, and continuing south for twenty (20) feet, one (1) space, thirty (30) minute parking limit from 9:00 AM to 5:00 PM Monday through Friday. “Parking Time Limited, Unmetered Zone.”
#222 – FORM AD-HOC COMMITTEE ON REDISTRICTING
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That an Ad-Hoc Committee on Redistricting be formed by this City Council, to finalize the 2012 Ward and Precinct boundaries, as required by the provisions of Chapter 54 of the Massachusetts General Laws. Said Committee to consist of Councillors from Wards 1 through 7 and the President of the Council shall serve as Chairperson.
AND BE IT FURTHER ORDERED: That said Committee shall meet forthwith to review the current proposed map, as prepared by the Secretary of Sate’s Office, on file with the City Clerk. Invited to this meeting shall be the City Clerk, City Engineer, GIS Administrator.
AND BE IT FURTHER ORDERED: That said Committee shall prepare to report back to the full Council with the required Ordinances, designating the boundaries of each ward and precinct, as drafted by City Engineer’s Department, for the Council’s May 12, 2011 meeting.
#223 – TAG DAY SALEM HIGH SCHOOL BOY & GIRLS TENNIS TEAM
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day Application for the Salem High School Tennis Team be held on Sunday, April 17, 2011 be granted.
#224 – APPOINTMENT OF PATRICK SHULTZ TO HOME RULE PETITION LIQUOR LICENSE CRITERIA SUB-COMMITTEE
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That Patrick Shultz of Howling Wolf Taqueria be appointed as a member of the Home Rule Petition Liquor License Criteria sub-committee.
#225 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING JAPONICA AVENUE
Councillor Pinto 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. Japonica Avenue, in front of #4, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#226 – APPLICATION FOR OUTDOOR SEATING FOR JAHO COFFEE & TEA
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the enclosed application for outdoor seating from Jaho Coffee & Tea be referred to the Committee on Ordinances, Licenses and Legal Affairs.
#227 – (#199 - #202) GRANTING CERTAIN 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.
PUBLIC GUIDES Victor Cora, 28 Sidlaw Rd.,Brighton
Eric Fialho, 22 Hancock St., Salem
Alicia Diozzi, 40 English St., Salem
Eric Fraize, 68 Moffatt Rd., Salem
Mark Allen Wood, 184 Ocean Ave W. #3L, Salem
TAG DAYS SHS Boys Track, June 4, 2011
Salem Veterans Council, July 1-4, 2011
Disabled American Veterans, May 21-23, 2011
#227A – (#468 of 2010, #14, #100) ESTABLISHING HOME RULE PETITION CRITERIA
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 establishing criteria for Home Rule Petition for liquor licenses, has considered said matter and would recommend that the matter remain in committee and the subcommittee report back in 30 days.
#228 – (#276 OF 2010) INCREASING TAXI FARES
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 the request from a Taxi Company to increase fares, has considered said matter and would recommend recommend that a subcommittee be formed to review fares for cab and livery companies and make recommendations back to the committee.
#229 – (#155 & #685 of 2009) PERMANENT EXTENDED HOURS FOR BOSTON HOT DOG COMPANY
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 Boston Hot Dog company’s temporary extended hours become permanent, has considered said matter and would recommend approval for the extended hours of Thursday through Saturday from 7:00 PM to 2:00 AM be permanent.
#230 – (#60 of 2010) ESTABLISHING A TRAFFIC AND PARKING COMMISSION
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 establishing a Traffic and Parking Commission, has considered said matter and would recommend recommend this matter be referred to the Committee of the Whole.
#231 – (#462 of 2010) DONATION OF PODIUM TO COUNCIL CHAMBERS
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 donation of a podium for the Council Chambers, has considered said matter and would recommend approval.
#232 – (#97) SNOW AND ICE REMOVAL
Councillor Pinto offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred the matter of Snow and Ice Removal, has considered said matter and would recommend that the matter remain in Committee and that the City Solicitor research and draft an amended Ordinance to submit back to the Committee.
#233 – (#89) STATUS OF A 400 TON PERMIT ISSUED TO NORTHSIDE CARTING
Councillor Pinto offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred the matter of the status of a 400 ton permit issued to Northside Carting, has considered said matter and would recommend that the matter be discharged from Committee.
Councillor O’Keefe assumed the Chair
#234 – (#182 - #183) COMPREHENSIVE PARKING PLAN RECOMMENDATION AND TRAFFIC ORDIANCE
Councillor Ryan offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of the Comprehensive Parking Plan Recommendations and the Ordinances amending Traffic has considered said matter and would recommend that the matters remain in Committee.
Councillor Ryan resumed the Chair.
#235 – (#126) MOVING THE PORTRAIT OF GEORGE WASHINGTON BACK TO THE COUNCIL CHAMBERS
Councillor Pelletier offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of moving the portrait of George Washington back into the Council Chambers, has considered said matter and would recommend that the matter remain in Committee. Also that the Mayor approach the PEM to move it and clean it and speak with the Solicitor in regards to indemnify the volunteers or city workers. Also speak with the Building Inspector regarding to the moving of this painting.
#236 – (#627 of 2010) SPECIAL SEASONAL PERMIT FOR DIONNE’S BOAT YARD TO USE FOREST STREET
Councillor Pelletier offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of a special seasonal right to Dionne’s Boat Yard to use Forest Street for transportation of boats during the fall season September 15 through November 15th and spring season May 15th through July 15th, has considered said matter and would recommend that the matter remain in Committee.
#237 – ORDINANCE RELATIVE TO PURCHASED BY LICENSED PAWNBROKERS OR SECOND HAND VALUABLE DEALERS
City Solcitor submitting the following Ordinance, which was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and eleven
An Ordinance to amend an Ordinance relative to Record of Purchases
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Article IV of Chapter 34 entitled “Dealers in Gold, Silver and Other Valuable Second Hand Items” is herby amended by deleting Section 34-158 in its entirety and replacing it with the following:
“Section 34-158. Record of Purchases. Every dealer or keeper of a shop subject to this article shall keep a computerized record, in a style and design approved by the Chief of Police, of all transactions of pawn loans or purchases, recorded in the English language. A clear distinction shall be made between pawned and purchased items. The entries shall reflect the time of purchase; a description of the item purchased; the price paid for the item; the name, age and residence giving a street number of the person from whom the purchase was made, as evidenced by the production of a driver’s license or two other suitable forms of indentification; and the day and hour when such purchase or pawn loan was made. Further, a statement shall be taken from the seller or loan recipient of the item as to the manner in
which such item was obtained by the seller or loan recipient, which statement shall be entered into the record. The pawnbroker or second hand dealer shall furnish a correct and complete record of such transaction by an approved method once daily or as otherwise determined by the Chief of Police or the licensing authority, the City Council. The above described records and any other information deemed necessary shall be transmitted electronically, in a format prescribed by the Chief of Police, to the Chief of Police or his designee. No record of said entries shall be erased, obliterated, defaced or changed.”
Section 2. This ordinance shall take effect as provided by City Charter.
#238 – BLOCK PARTY FOR OLIVER STREET
A request from the residents of Oliver Street to hold a block party on Friday, April 29, 2011 from 10:00 A.M. to 10:00 P.M. with a rain date of Saturday, April 30, 2011, was granted.
Councillor O’Keefe assumed the Chair.
#239 – REQUEST TO MAKE PRESENTATION TO COUNCIL REGARDING PREDISASTER MITIGATION PLAN
A request from Sam Cleaves, Sr., Regional Planner from Metropolitan Area Planning Council to make a presentation to Council regarding a Predisaster Mitigation Plan, was referred to the Committee of the Whole.
#240 – COMMUNICATION FROM NEWBURYPORT REGARDING THE MBTA SERVICE
A communication from Newburyport City Council regarding their concerns of the MBTA service and asking the Council to send a letter of concern and an invitation to join them on May 3, 2011at a Transportation Committee Meeting. A motion to send a letter to the Newburyport City Council was adopted.
#241 - #245 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES Ronald Olson, 154 lLfayette St., Salem
Kevin Whynott, 64 Veterans Memorial Dr., Peabody
Michael McIntyre, 77 Summer St. #1, Salem
Katelyn Gordon, 33 Franklin St., Salem
Haven Mary McGovern, 205 Bridge St. #205, Salem
TAG DAYS S.H.S. Softball, June 5, 2011 and June 19, 2011
S.H.S. La Union Latina Club, June 11 & 12, 2011
Franco American War Vets, August 19 & 20, 2011
#246 – TAG DAY
The following license was denied.
TAG DAY New Life Church, 3615 22nd Street, Tampa, FL, May 19 & 20, 2011
#247 - #248 LICENSE APPLICATIONS
The following licenses were granted..
LIMOUSINE Finix Livery Service, 142 Canal St., Salem (7)
TAXI CABS Witch City Taxi and Livery, 54 Perkins St., Salem (4)
TAXI OPERATORS James Kozik, 90 Colonial Ter., Salem
Roberto Pacheco, 105 Congress St., Salem
Mateo Calderon, 6 Grand St. Beverly
Kevin Guilfoyle, 16 Northend Ave., Salem
Ryan Belanger, 179 Boston St. #23, Salem
Donald Bovio, 6 Oak St., Peabody
Edna Sanchez, 60 Perkins St. #3, Salem
Juan Moronta, 13 Mason St., Salem
Juan Lopez, 13 Mason St., Salem
Andres Espinal, 12 Mt. Vernon St. #2, Salem
VEHICLE FOR HIRE
OPERATORS ONLY Brian O’Meariaigh, 18 Palmer St., Salem
Ruth Gilbert Wall, 13 Crombie St., Salem
#249 – TAXI OPERATOR
The following license was denied.
TAXI OPERATOR Raymond Garland, 298 Washington St., Salem
#250 – TAXI OPERATOR DENIAL
Request from Raymond Garland for a hearing on the denial of his taxi operator license, was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.
#251 – DRAINLAYR / CONTRACT OPERATOR
The following Drainlayer/Contract Operator license was granted.
A RooterMan, 15 Littles Lane, Peabody
#252 - #257 CLAIMS
The following Claims were refer to Committee on Ordinances, Licenses and Legal Affairs.
Kimberley Grillo, 34 Asti Ave., Revere
Jullie McHugh, 18 Ward St., Salem
Julie McHugh, 18 Ward St., Salem
Donald Hesse, 135 Ocean Ave. W., Salem
Beth McCuish, 37 March St., Salem
Thomas Raucher, 3R Oakview Ave., Salem
(#184) MAYOR’S VETO
The Mayor’s VETO of an Ordinance relative to Compensation of Elected Officials Chapter 2
Section 2-278. Councillor Pinto moved to table the matter until the next meeting of April 28, 2011 was adopted.
On the motion of Councillor Sargent the meeting adjourned at 8:40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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