“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,
July 14, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on July 8, 2011 at 11:34 A.M. This meeting is being taped and is
live on S.A.T.V.
All Councillors were present.
Council President Ryan presided.
Councillor Pelletier 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
- Patricia Zaido- 13 Chestnut Street, Salem – Second Passage of Ordinance relative to Parking
- Marlene Faust – 51 Lafayette Street, Salem – Second Passage of Ordinance relative to parking
- Rinus Oosthoek – Director Salem Chamber of Commerce 265 Essex St., Salem – Parking Plan
- Teasie Riley Goggin – 9 Wisteria Street, Salem – 2% / 3% Water Sewer Increase
- Shirley Walker – 51 Lafayette Street, Salem – Parking Plan
#480 – SEWER AND WATER RATE INCREASE
The following Order recommended by the Mayor, was adopted.
ORDERED: That effective July 1, 2011 Sewer Rates be increased by 2% and that effective July 1, 2011 Water Rates be increased by 3%. These increases are necessary to offset the Fiscal Year 2012 Water and Sewer Enterprise Fund budget increases. This request is being submitted with the recommendation of Her Honor the Mayor.
#481 – APPROPRIATION TO CAPITAL OUTLAY ACCOUNTS
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Hundred and Fifty-Four Thousand, Two Hundred and Seventeen Dollars ($254,217.00) is hereby appropriated to the Capital Outlay Accounts listed below to be expended for reasons listed below in accordance with the recommendation of Her Honor the Mayor.
Renovation & Repairs Public Property ESCO Audit $54,217.00
Renovation & Repairs Parking Riley Plaza plans $25,000.00
Equipment Police HVAC DDC system $25,000.00
Equipment Fire Voice Recorder $25,000.00
Renovation & Repairs Fire Building Repairs $25,000.00
Renovation & Repairs Electrical LED Light replacement $25,000.00
Renovation & Repairs Recreation Salem Common Fence $25,000.00
Renovation & Repairs Recreation Playground Updates $50,000.00
Total $254,217.00
#482 – APPROPRIATION FOR VACATION/SICK LEAVE BUYBACK FOR NANCY PELLETIER
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirty-Three Thousand, One Hundred and Eighty-Six Dollars and Forty Cents ($33,186.40) is hereby appropriated in the “Retirement Stabilization Fund – Vacation /Sick Leave Buyback” account to be expended for the retirement buyback for Nancy Pelletier of the School Department in accordance with the recommendation of Her Honor the Mayor.
#483 – APPROPRIATION FOR VACATION/SICK LEAVE BUYBACK FOR JOANNE RUST
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-Seven Thousand, Two Hundred and Forty-Six Dollars and Ninety-Five Cents ($27,246.95) is hereby appropriated in the “Retirement Stabilization Fund – Vacation /Sick Leave Buyback” account to be transferred to the Salem Retirement System on behalf of Joanne Rust MIS Director per the early retirement incentive program in accordance with the recommendation of Her Honor the Mayor.
#484 – DONATION TO ESSEX COUNTY SUMMER CAMP FUND
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation below in the amount of One Thousand Dollars ($1,000.00). These funds will be deposited into the Salem Police Department Essex County Summer Camp Fund as listed in accordance with the recommendation of Her Honor the Mayor.
From Description Amount
Lodge F & Am Relief Fund Essex County Summer Camp $1,000.00
#485 – TRANSFER OF $107,370 TO VARIOUS ACCOUNTS
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of One Hundred and Seven Thousand, Three Hundred and Seventy Dollars ($107,370.00) is hereby transferred with the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
Department From To Amount
Human Resources Medical Insurance Purchasing $ 250.00
Human Resources Medical Insurance Insp. Services Full Time Salary $2,520.00
Human Resources Medical Insurance Insp. Services – DEP $3,000.00
Human Resources Medical Insurance Treasurer-Medicare 93,600.00
Police Salaries Police Medical 8,000.00
#486 – APPROPRIATION TO THE STABILIZATION FUND AND OPEB TRUST FUND
The following Order was received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ninety-Eight Thousand, Three Hundred and Two Dollars ($98,302.00) is hereby appropriated from General Fund Balance Reserved for Free Cash to the following special revenue funds. The amount of free cash to be transferred is the remaining balance of the certified free cash in accordance with the recommendation of Her Honor the Mayor.
Stabilization Fund $48,302.00
OPEB Trust Fund $50,000.00
Total $98,302.00
#487 – APPROPRIATION FOR VACATION/SICK LEAVE BUYBACK FOR PAULINE BARTISTA
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirteen Thousand, Three Hundred and Eight Dollars and Four Cents ($13,308.04) is hereby appropriated in the “Retirement Stabilization Fund – Vacation /Sick Leave Buyback” account to be expended for the retirement buyback for Pauline Batista of the Fire Department in accordance with the recommendation of Her Honor the Mayor.
#488 – MONTHLY FINANCIAL REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated May 31, 2011, be referred to the Committee on Administration and Finance.
#489 – TEMPORARY SUSPENSION OF FORTUNETELLING LICENSES
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the issuance of fortunetelling licenses by the Salem Licensing Board, as allowed for under Chapter 14, Division 2, Fortunetelling, Astrology, etc. of the Salem Code of Ordinances, be temporarily suspended to allow the City Solicitor to make recommendations to amend the ordinance. Further, that the Solicitor report back to the Committee by September 1, 2011 with said recommendations; and that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs for its review and recommendation to the City Council.
#490 – CORNER OF BROWN & NEW LIBERTY STS. BE NAMED IN HONOR OF MAJOR GENERAL STEPHEN ABBOTT
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Salem City Council officially designates the corner of Brown and New Liberty Streets as “Major General Stephen Abbott Square” in honor of Major General Stephen Abbott, Salem resident and Veteran of the Revolutionary War.
AND BE IT FURTHER ORDERED: That the Veterans Agent, in conjunction with the Department of Public Services, erect a suitable sign at this location to honor the late Stephen Abbott.
#491 – ISSUES REGARDING MAINTENANCE AND ZONING VIOLATIONS ASSOCIATED WITH FORECLOSED/BANK OWNED PROPERTIES
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs work with the City Solicitor to develop and submit to the Council a proposed ordinance which would address ongoing maintenance and zoning violations associated with foreclosed/bank owned properties. And that the Committee and Solicitor report back to the full Council in September with a view toward adoption.
#492 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING IRVING 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. Irving Street, even side beginning at a point of twenty (20) feet from Grove Street and continuing for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#493 – REPAIR OF THE SALEM COMMON FENCE
Councillor Sosnowski introduced the following Order, which was adopted
ORDERED: The Committee on Community and Economic Development meet to discuss the status of the repairing to the Salem Common wrought iron fence. The following to be invited Park and Recreation commission, Park and Recreation Director, Mayor or her representative, Salem Common Neighborhood Association, Finance Director, Public Works Director, Building Inspector and Historic Commission.
#494 – RESIDENT PARKING IN THE DOWNTOWN
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: The Committee on Government Services co-posted with Committee of the Whole meet to discuss resident parking in the downtown area and new parking stickers or placard’s. And for those residents that have resident sticker or yearly garage passes that they be able to park in the downtown lot’s for example Church Street, Essex and Crombie Streets, The YMCA and Klop Alley lot’s, from Monday to Friday after 5:00 PM and all day on Saturdays.
And that the following be invited: Mayor or her designee, Parking Director, City Planner Lynn Duncan and Tom Daniels and all interested parties. This meeting will be held on Tuesday, September 13, 2011 at 6:30 PM.
#495 – PLAN TO WIDEN NORTH RIVER TO ADDRESS FLOODING ISSUES
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: The Committee on Public Health, Safety and Environment meet to discuss the proposed plan to widen the North River to address flooding issues in Peabody and Salem. In particular the Committee should address the impact of flooding along the North River. The following to be invited: City Engineer, abutting business owners, Mayor or her representative.
#496 – (#465 - #467) 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 Seth Kanner-Mascolo, 40 English St., #2, Salem
Thomas Raeber, 31 Chestnut St., #2, Gloucester
Amanda Tarver, 20 Raymond Rd., Salem
Aaron Magee, 1 Harbor St., #5, Salem
James Donaher, 18 Freeman Rd., Salem
David Gordon, 50 St. Peter St. #300, Salem
Sasha Kraichnan, 150 Pleasant St., #1, Boston
Sara Horwitz, 60 Phillips St., #1, Boston
SEAWORM Jose Bettencourt, 54 Fulton St., Peabody
TAG DAYS S.H.S. Football Boosters, July 30, August 27, & October 30, 2011
#497 – (#322) COMPLAINTS AGAINST SPELLBOUND TOURS
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 complaints against Mollie Stewart, Public Guide from Spellbound Tours, has considered said matter and would recommend that her public guide license temporarily suspended until she can meet with the Committee to answer complaints.
Councillor Lovely amended to restore Molly Stewarts public guide license until such time that she appears for a hearing.
#498 – ORDINANCE AMENDMENT RELATIVE TO SECOND HAND VALUABLES AND PAWNBROKER 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 an ordinance amendment relative to Chapter 34 Section 158 Second Hand Valuable and Section 228 Pawnbroker, has considered said matter and would recommend first passage.
#498A – ORDINANCE AMENDING SECOND HAND VALUABLE LICENSES
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 Secondhand items” is hereby 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 purchases, recorded in the English language. The entries shall reflect a description of the item acquired; the price paid for the item; the name, age and residence, giving a street number, of the person from whom the acquisition was made, as evidence by the production of a driver’s license or two other suitable forms of identification, one including a photograph of the person; and the day and time when such purchase was made. Further, a statement shall be taken from the seller of the item as to the manner in which such item was obtained by the seller, which
statement shall be entered into the record. The 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 his designee to any person designated 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.
#498B - ORDINANCE AMENDING PAWNBROKER LICENSE
In the year two thousand and eleven
An Ordinance to amend an Ordinance relative to Pawnbrokers
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Article VI of Chapter 34 entitled “Pawnbrokers” is hereby amended by deleting Section 34-228 in its entirety and replacing it with the following new section:
Section 34-228. Information required by Chief of Police.
Every pawnbroker 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 and purchases, recorded in the English language. A clear distinction shall be made between pawned and purchased items. The entries shall reflect a description of the item acquired; the price paid or loaned for the item; the name, age and residence, giving a street number, of the person from whom the acquisition was made, as evidenced by the production of a driver’s license or two other suitable forms of identification, one including a photograph of the person; and the day and time 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 shall furnish a correct and complete computerized record of such transaction by an approved method once daily or as otherwise determined by the Chief of Police or his designee to any person designated by the Chief of Police or the licensing authority, the City Council, but shall transmit the record not less than once every week on Monday by 12:00 Noon, of all entries made during the previous week in the record book required to be kept by M.G.L.A. c 140 §79. 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.
#499 – (#409) APPROPRIATION FROM RETIREMENT STABILIZATION FOR SCHOOL EMPLOYEES
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 of $26,562.62 in the Retirement Stabilization Fund – Vacation/Sick Leave Buy Back to be expended for two school employees, has considered said matter and would recommend approval.
#500 – (#410) APPROPRIATION FROM RETIREMENT STABILIZATION FOR SCHOOL EMPLOYEE
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 of $13,804.30 in the Retirement Stabilization Fund – Vacation/Sick Leave Buy Back to be expended for two school employees, has considered said matter and would recommend approval.
#501 – (#273) – STATUS OF SZETELA LANE
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 status of Szetela Lane, has considered said matter and would recommend the matter be discharged from committee with no recommendation.
#502 – (#317) PROPOSED GAS STATION AT 111 NORTH STREET (TRICKETT REALTY)
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 regarding the status of the proposed gas station at 111 North Street (Trickett Realty), has considered said matter and would recommend that the meeting be continued on July 18, 2011 at 6:30 P.M.
#503 – #507 BLOCK PARTIES
The following Block Party applications were granted.
Chandler Road - July 16, 2011 (rain date of July 17, 2011)
Moffatt Road – July 16, 2011 (rain date of July 17, 2011)
Jefferson Avenue (to be held at Ocean Ave. West Ext.) - July 24, 2011
No. Pine St./Fowler St. - August 27, 2011 (rain date of Sept. 10, 2011)
Orchard St. - September 10, 2011
#508 - #510 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES Michelle Dixon, 4 Linwood Ave., Peabody
Jeff Bellin, 396 Essex St., Salem
TAXI OPERATOR Arthur Buendia, 23 Calumet St., Peabody
Douglas Pierce, 82 McCormack Ave., Medford
Peter Manusity, 409 Rantoul St., Beverly
Shane Davis, 72 Barstow St., Salem
VEHICLE FOR HIRE
OPERATORS ONLY Will Pasquina, 211 River Road., W. Newbury
Kevin Whitehead, 57 Sherwood Ave., Danvers
Howard Land, 69 Plymouth Ave., Swampscott
Howard Jeffrey, 14 Proctor St., Gloucester
Karen Horgan, 21 Gregg St., Beverly
#511 – #512 LICENSE APPLICATIONS DENIED
The following license applications were denied:
TAG DAY Environment Massachusetts, 12 Arrow St., Cambridge, July 17, 2011
TAXI OPERATOR Juatiniano A. Diaz, 9 Park St. #1, Salem
#513 – REQUEST FOR HEARING
A request from Juatiniano A. Diaz for a hearing on denial of Taxi Operator License, was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an executive session.
#514 - #518 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs:
Mary Ahern, 207 Loring Ave., Salem
Joan Pelletier, 4 Beach Ave., Salem
Noemia Anaya, 21 Roslyn St., Salem
Lloyd Ternes, 16 Pickman St., Salem
Joyce Clarke, 12 Lincoln Rd., Salem
(#418) SECOND PASSAGE ORDINANCE AMENDING TRAFFIC HANDICAP PARKING BELLEAU ROAD
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Belleau Road, was then taken up. The Ordinance was adopted for second and final passage.
(#183) SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING PENALTIES, PROHIBITIONS, PARKING METERS AND TOW REGULATIONS
The matter of second and final passage of an Ordinance amending Traffic, Parking Penalties, Prohibitions, Parking Meters and Tow Regulations was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 7 yeas, 4 nays, 0 absent.
Councillors Sargent, Ronan, Pelletier, McCarthy, Lovely Furey and Ryan were recorded as voting in the affirmative. Councillors Sosnowski, Prevey, Pinto and O’Keefe were recorded as voting in the negative.
Councillor Pelletier moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
On the motion of Councillor Pelletier the meeting adjourned at 9:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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