“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 28, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on April 21, 2011 at 6:37 P.M. This meeting is being taped and is
live on S.A.T.V.
All Councillors were present.
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.
Councillor Pinto requested a moment of silence for the passing of Judge Zoll.
Councillor Pinto requested and received unanimous consent to go the Motions, Orders and Resolution portion of the meeting.
Councillor Furey did an oral resolution regarding the ten (10) year anniversary of non-smoking in restaurants in Salem. (no copy on file)
Councillor Furey requested and received unanimous consent to allow Dr. Poremba and other members of the Board of Health to speak. There was no objection.
PUBLIC TESTIMONY
Teasie Riley Goggin – 7 wisteria Street – did not wish to speak after signing up.
EXECUTIVE SESSION
Councillor O’Keefe moved to take out of order under Communications from City officials are request from the City Solicitor hold an Executive Session, to discuss potential settlement of a lawsuit filed in the U.S. District Court, and at the end of the Executive session the regular meeting will continue.
It was so Voted.
Councillor O’Keefe moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session, and at the end of the Executive Session, the regular meeting will continue by Roll Call Vote of 11 yeas, 0 nays, 0 absent.
Following the Executive Session Councillor O’Keefe moved that the regular meeting be continued. It was so voted.
(#209) – APPOINTMENT OF JULIE CARVER TO THE COUNCIL ON AGING
Held from the last meeting the 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
May 12, 2011.
#258 – APPOINTMENT OF JOHN JODOIN TO THE COMMISSION ON DISABILITIES
The Mayor’s appointment of John Jodoin to serve as a member of the Commission on Disabilities for a term to expire February 1, 2014 was held until the next meeting of May 12, 2011 under the rules.
#259 - CONSTABLE
The Mayor’s reappointment of Dana Williamson to serve as a Constable with the term to expire on April 18, 2012, was received and placed on file.
#260 – APPROPRIATION TO POLICE – MEDIDAL ACTIVE ACCOUNT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriations –Free Cash” account to the “Police – Medical Active” account in accordance with the recommendation of Her Honor the Mayor.
#261 – TRANSFER TO CITY COUNCIL – PRINTING & BINDING
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 transferred to the “City Council – Printing and Binding” account from the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
Elections – Pollworkers $2,500.00
Elections – Voting Machine Services $2,500.00
#262 – APPROPRIATION FOR THE REPAIR OF THE ELEVATOR DORRS AT MUSEUM PLACE GARAGE
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules
ORDERED: That the sum of Three Thousand Seven Hundred and Ninety Dollars ($3,790.00) is hereby appropriated within the “Capital Outlay Renovation and Repair” account to be expended for the repair of the Museum Place Elevator Doors for the parking Department in accordance with the recommendation of Her Honor the Mayor
#263 – ACCEPT DONATION FROM CITY OF PEABODY
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from City of Peabody in the amount of Four Thousand Dollars ($4,000.00). 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.
#264 – ACCEPT DONATION FROM DOMINION ENERGY SALEM HARBOR LLC
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Dominion Energy Salem Harbor, LLC in the amount of One Thousand Dollars ($1,000.00). 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.
#265 – ACCEPT DONATION FROM TACHE REAL ESTATE INC.
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Tache Real Estate Inc. in the amount of One Thousand Dollars ($1,000.00). 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.
#266 – APPROPRIATION TO FIRE APPARATUS REPAIR
Received after the deadline of Tuesday noon under suspension of the rules
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with the committee of the Whole. Councillor O’Keefe was recorded as opposed.
ORDERED: That the sum of Twenty-Thousand Dollars ($20,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriations – Free Cash” account to the “Fire Apparatus Repairs” account in accordance with the recommendations of Her Honor the Mayor.
#267 – APPROPRIATION TO PUBLIC PROPERTY – CITY HALL ANNEX TAXES AND PUBLIC PROPERTY – CITY HALL ANNEX RENT
Received after the deadline of Tuesday noon under suspension of the rules
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Fifteen Thousand Four Hundred and Sixty-One Dollars ($15,461.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
Public Property – City Hall Annex Taxes $12,761.00
Public Property – City Hall Annex Rent 2,700.00
Total $15,461.00
#268 – TRANSFER TO PUBLIC PROPERTY – OIL HEAT
Received after the deadline of Tuesday noon under suspension of the rules
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Thirteen Thousand Dollars ($13,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Public Property – Oil Heat” account in accordance with the recommendation of Her Honor the Mayor.
#269 – YEAR TO DATE BUDGET REPORT DATED MARCH 31, 2011
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the year to date budget report dated March 31, 2011 be referred to the Committee on Administration and Finance.
#270 – RESOLUTION 220TH ANNIVERSARY OF THE POLISH CONSTITUTION
Councillor Sosnowski introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: This year marks the 220th Anniversary of the Polish Constitution; and
WHEREAS: The Polish Constitution of May 3, 1791, was the second written Constitution in the world, after that of the United States of America; and
WHEREAS: It brought together the liberal reforms of King Stanislaw Poniatowski, and the enlightenment thought of France and America, in a document which was far ahead of its time, and which brought Poland recognition as a leader among nations; and
WHEREAS: The issuance of the Polish Constitution was seen as a Democratic movement and a threat to Poland’s then three neighboring autocratic Nations of Russia, Austria, and Prussia and subsequently the partition of Poland in 1795 by not only Russia but Austria and Prussia as well, resulted in the disappearance of the Polish Nation on the map of Europe until November 11, 1918; and
WHEREAS: The Polish Constitution of May 3rd, 1791 was banned from any commemoration during the Nazi occupation of Poland from 1940 to 1944, and subsequently banned by the Soviet Union; and
WHEREAS: Poland is now firmly allied with the western democracies Communist Regime in Poland from 1944 to 1989, when Poland threw off the yoke of Communist rule and became a free and independent Republic once again; and
WHEREAS: Poland is now firmly allied with the western democracies and member of NATO. The P.L.A.V. Post 55, Salem, MA and Salem’s entire Polish community are once again proud and most appreciative to have the City of Salem celebrate May 3, 2011 as “Polish Constitution Day” and to have the Polish Flag of white and red displayed at Riley Plaza.
AND BE IT FURTHER RESOLVED: That the City Council make this resolution a matter of record of these proceedings, and that a suitable copy be presented to the P.L.A.V. Post 55 of Salem, MA
#271 – RESOLUTION ANNIVERSARY OF LITTLE LEAGUE
Councillor Pinto introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Nothing speaks spring like the smell of fresh cut grass, the crack of a bat
and cheering crowds at America’s favorite pastime Baseball, and
WHEREAS: The year 2011 marks the 25th Anniversary of the Salem Little League
Organization, and
WHEREAS: The Salem Little League began with 20 teams of just minor and major
baseball divisions, and
WHEREAS: Today there are over 600 players of children ranging in ages from 4 – 16
years old, making up 45 teams that consist of T-ball to Girls Senior
Softball.
Now Therefore be it Ordered: That Sunday, May 1st be declared “Salem Little League Day”, in celebration of their 25th year. Also on this same day the annual Salem Little League parade will step off at 11:00 AM at the Salem University O’Keefe Center and the Opening Ceremony at 11:30 AM at the O’Grady Field at Forest River Park.
Be it further ordered: That a copy of this Resolution be made part of the record of these proceedings and that a suitable copy be presented to the Salem Little League Organization.
Now Let’s Play Ball
#272 – RAISE THE POLISH FLAG AT RILEY PLAZA
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Park Commission display the Polish Flag at Riley Plaza for an 11:00 AM ceremony on May 3, 2011, in observance of Polish Constitution Day.
Councillor O’Keefe assumed the Chair.
(#184 - #130A) MAYOR’S VETO
Councillor Pinto moved to take from the table the Mayor’s Veto of an Ordinance relative to Compensation of Elected Officials Chapter 2, Section 2-278.
Councillor Ryan resumed the chair.
The following question was voted on and did not pass by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto and McCarthy were recorded as voting in the affirmative. Councillors Pelletier, O’Keefe, Lovely, Furey and Ryan were recorded as voting in the negative.
Shall the Ordinance be adopted not withstanding the Veto of the Mayor?
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#273 – CLOSING DATE FOR THE SALE OF SZETELA LANE
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the matter of the sale of Szetela Lane be referred to the Committee on Administration and Finance co-posted with the Committee of the Whole and that Shallop Landing at Collins Cove LLC and the City Solicitor be invited to talk about the closing date.
#274 – PROPOSE AN ORDINANCE FOR A PAINTED YELLOW LINE CREATING LANES ON WASHINGTON STREET
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs propose an Ordinance requiring a painted solid yellow line creating two (2) lanes starting at the intersection of New Derby Street at Norman Street, north bound up Washington Street for a distance of 350 feet merging to one lane before Essex Street intersection at Town House Square. And adding correct signage per approval of Lt. Preszewski directing traffic accordingly.
#275 – REVIEW RULES REGARDING SEASONAL LIQUOR LICENSES
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to review the rules for the granting and transferring of “Seasonal Liquor Licenses”.
#276 – (#241 - #244) 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.
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
#277 – (#317 & #493 of 2009) SRA AUTHORITY FOR PERMITTING OUTDOOR CAFÉ
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of amending an Ordinance for permitting of outdoor cafes in the Urban Renewal District to rescind the SRA authority, has considered said matter and would recommend that the City Solicitor find proper language that the permitting authority for outdoor cafes stay with the SRA but any closure of street or sidewalk be subject to the City Council approval and report back to committee and to add last sentence of Ch. 38 Sec 7(b) as long as the outside seating is contiguous with the business and as long as the sidewalk remains open to pedestrian under ADA compliance and open 24 hours per day, 7 days per week.
#278 – (#348 of 2010) USE OF ALCOHOL ON PUBLIC PROPERTY
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole to whom was referred the matter of use of alcohol on public property, has considered said matter and would recommend that the matter remain in committee and that the Solicitor forward to the committee the appropriate language to address issues raised relative to consumption of alcohol on public property.
#279 – (#638 of 2010) MAINTENANCE OF STRUCTURES & PROPERTY
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 an Ordinance relative to Maintenance of Structures and property has considered said matter and would recommend that the matter remain in committee.
#280 – (#226) OUTDOOR SEATING APPLICATION BY JAHO COFFEE
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 application submitted by Jaho Coffee for outdoor seating has considered said matter and would recommend approval and the record of outdoor seating be kept on the premises.
#281 – (#211) TRANSFER TO TREASURER CONTRACTED SERVICES & FULL TIME SALARY
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 to whom was referred the matter of a transfer in the amount of $27,500.00 from “Collector – Full Time Salary” to “Treasurer – Contracted Services” ($19,500) and “Treasurer – Full time Salary” ($8,000.00), has considered said matter and would recommend approval.
#282 – (#212) APPROPRIATION TO RETIREMENT STABILIZATION FUND FOR RETIREMENT OF BARBARA SOULARD
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 to whom was referred the matter of an appropriation in the amount of $10,350.90 to Retirement Stabilization Fund – Vacation Sick Leave Buyback for Barbara Soulard, a school department employee, has considered said matter and would recommend approval.
#283 – (#213) APPROPRIATION FOR TRAFFIC LIGHTS AT CANAL 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 to whom was referred the matter of an appropriation in the amount of $5,000.00 to within the “Capital Outlay Renovation and Repair” account to be expended for the renovation and repair of traffic signal light at Canal Street for the Electrical Department, has considered said matter and would recommend approval.
#284 – (#218) TRANSFER TO SOLICTORS – PERSONNEL ACCOUNT
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 to whom was referred the matter of a transfer in the amount of $1,667.00 from “Solicitors – Personnel” account, has considered said matter and would recommend approval.
#285 – (#214) SUBMITTAL OF CDBG APPLICATION
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 to whom was referred the matter of the CDBG application for HUD, has considered said matter and would recommend approval.
#286 – (#627 of 2010) SPECIAL SEASONAL RIGHT FOR DION’S BOAT YARD TO USE FOREST AVENUE
Councillor Pelletier offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. 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 allow Dion’s Boat Yard to use Forest Avenue to transport boats from September 15th through November 15th and May 15th through July 15th, has considered said matter and would recommend the matter remain in committee.
Councillor O’Keefe assumed the Chair.
#287 – (#182) COMPREHENSIVE PARKING PLAN
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, has considered said matter and would recommend the matter remain in committee.
#288 – (#183) TRAFFIC ORDINANCE RELATIVE TO PARKING PLAN
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 amending ordinances relative to traffic, has considered said matter and would recommend the matter remain in committee.
#289 – ESTABLISH A PARKING & TRAFFIC COMMISSION
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 establishing a parking and traffic commission, has considered said matter and would recommend the matter remain in committee.
#290 – REQUEST FROM SOLICITOR TO HOLD AN EXECUTIVE SESSION
Request from City Solicitor Elizabeth Rennard, to hold an Executive Session to discuss a potential settlement of a lawsuit filed in the U.S. District Court, was taken up earlier in the meeting.
#291 – PETITION FROM CATALDO AMBULANCE SERVICE FOR ZONING AMENDMENT TO 111 HIGHLAND AVENUE
The petition from Dennis R. Cataldo, Vice President of Cataldo Ambulance Service Inc., to amend the Zoning Ordinance for the property located at 111 Highland Avenue from R-1 Residential to B-4 Business Wholesale and Automotive, was referred to the Planning Board to schedule a joint public hearing with the City Council.
#292 – PETITION FROM VERIZON FOR CONDUITS ON AMES, FERRY AND THORNDIKE STREETS
A hearing was ordered for May 12, 2011 on the Petition from Verizon to install conduits on Ames, Ferry and Thorndike Streets.
#293 – PETITION FROM NATIONAL GRID FOR CONDUIT ON DURKING ROAD
A hearing was ordered for May 12, 2011 on the petition from National Grid to install a conduit on Durkin Road.
#294 – REQUEST FOR USE OF CITY STREETS FOR B&S FITNESS TO HOLD EVENTS
The request from B&S Fitness to hold four events and use of city streets on August 13, 2011 for the Jr. Triathlon from 11am – 2pm, August 14, 2011 for the Wild Fish Swim from 11:30am – 2pm, September 24, 2011 for the Wicked ½ Marathon from 7am to 1pm and October 29, 2011 for the Devil’s Chase 6.66 Miler was granted.
#295 – #298 LICENSE APPLICATIONS
The following licenses were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES Thomas Vallor, 140 Bridge St. #2, Salem
SEAWORMS Louis Dos Santos, 57 Central St., Peabody
Alexandrino DaSilva, 37 Harris St., Peabody
Futimio Cunha, 89 Tremont St., Peabody
Armando Borges, 7 Union St., Peabody
SECOND HAND Forgotten Treasures, 107 Bridge St., Salem
VALUABLE
TAG DAYS Salem/Swampscott Youth Hockey, Sept. 3, 2011 & Oct. 22, 2011
S.H.S. Cross Country Team, September 18, 2011
S.H.S. Girls Volleyball, September 24, 2011
S.H.S. Cross Country Team, October 8, 2011
Knights of Columbus, October 9 & 10, 2011
S.H.S. Girls Volleyball, October 29, 2011
#299 – #300 TAXI OPERATOR
The following licenses were granted.
TAXI OPERATORS Jesus Rosario, 42 Park St., Salem
Willie Chandler, 10 Lynch St., Salem
Kim Engdahl, 6 Thorndike St., Salem
Linda Engdahl, 12 Palmer St., Salem
Howard Bent, 45 Franklin St., Salem
VEHICLE FOR HIRE Michael Newberg, 21 Brook Rd., Marblehead
OPERATORS ONLY Frances Rennie, 19 Piedmont St., Salem
Edward Murphy, 4 Paradise Rd., Ipswich
James Breen, 80 Lowell St., Peabody
Douglas Parker, 7 N. Pine St., Salem
#301 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer/Contract Operator License applications were granted.
Ciampa Construction, 36 Dewey St., Saugus
Joseph P. Cardillo & Son Inc., 1 Melvin St., Wakefield
R&D Site Development, 7 Hemlock Lane, Groveland
#302 – CLAIM
The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.
Keene Allen, 60 Pleasant St., Marblehead
#303 – BONDS
The following Bonds were referred to the Committee on Ordniances, Licenses and Legal Affairs and returned approved.
DRAINLAYERS: Joseph P. Cardillo & Son Inc., 1 Melvin St., Wakefield
R&D Site Development, 7 Hemlock Lane, Groveland
(#221) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC PARKING TIME LIMITED, UNMETERED ZONE BRIDGE STREET
The matter of second and final passage of an Ordinance amending Traffic, Parking Time Limited, Unmetered Zone in front of #45 Bridge Street, was then taken up. The Ordinance was adopted for second and final passage.
(#225) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING JAPONICA AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Japonica Avenue, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 9:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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