“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,
October 13, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on October 7, 2011 at 9:49 A.M. This meeting is being taped and is
live on S.A.T.V.
All Councillors were present.
Council President Ryan presided.
Councillor McCarthy 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
NONE
#614 – (#600) CONDUIT ON SWAMPSCOTT ROAD TO TECHNOLOGY WAY
A hearing was held on the Order of Spencer Contracting to install a conduit on Swampscott Road to Technology Way. Appearing in favor was Peter Holland of Spencer Contracting. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the petition be granted. It was so voted.
#615 – (#599) CONDUIT ON ESSEX STREET
A hearing was held on the Order of National Grid to install a conduit on Essex Street. Appearing in favor was Sibhita Mahbier-Sheehy representative of National Grid. There was no one opposed. The hearing was closed. Councillor Sosnowski moved that the petition be granted. It was so voted.
(#585) – APPOINTMENT OF LEWIS BEILMAN TO THE PLANNING BOARD
Held from the last meeting the Mayor’s appointment of Lewis Beilman to serve as a member of the Planning Board with a term to expire May 1, 2013, was confirmed by a roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
Councillor Pelletier moved for suspension of the rules to allow Mr. Beilman to speak. There was no objections.
#616 – APPOINTMENT OF MICHAEL LUTRZYKOWSKI
The Mayor’s appointment of Michael Lutrzykowski to serve as the City of Salem’s Assistant Building Inspector with a term to expire October 27, 2013, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
Councillor Sosnowski moved for suspension of the rules to allow Mr. Beilman to speak. There was no objections.
#617 - CONSTABLE
The Mayor’s reappointment of John Ruehrwein to serve as a Constable with a term to expire December 10, 2014, was received and placed on file.
#618 – ACCEPT MASS. GENERAL LAW CHAPTER 40 SECTION 8J
The following Order recommended by the Mayor, was adopted.
ORDER The City of Salem hereby accepts the provisions of Massachusetts General Law Chapter 40 Section 8J. The acceptance of this Section shall enable the City to formally accept the Section of the General Law establishing the City’s Commission on Disabilities, which the City created by City Ordinance in 1979, and further to enable the City to allocate funds received from fines assessed for violations of handicapped parking in the City to the Commission on Disabilities pursuant to Massachusetts General Law Chapter 40, Section 22G.
#619 – ACCEPT SALEM DOWNTOWN RENEWAL PLAN
The following Order recommended by the Mayor. Councillor Sosnowski moved that a public hearing be held the week of November 14, 2011.
ORDER That the City of Salem hereby adopts the Salem Downtown Renewal Plan dated October 27, 2011, a copy of which is attached hereto and shall be on file in the office of the City Clerk, that changes and updates the City’s existing and previously approved urban renewal plans as follows:
- In accordance with Urban Renewal Regulations 760 CMR 12.03 (2) Major Plan Change, the Salem Downtown Renewal Plan consolidates and updates both the Heritage Plaza East Urban Renewal Plan and the Heritage Plaza West Urban Renewal Plan and all associated and previously approved amendments of those plans.
- The Salem Redevelopment Authority is hereby authorized to undertake activities to accomplish the goals contained within the Salem Downtown Renewal Plan.
- The Salem Downtown Renewal Plan will take effect on March 1, 2012 or upon such date as approved by the Department of Housing and Community Development (DHCD), at which time it will supersede the preceding urban renewal plans and all associated amendments will be terminated. The Salem Downtown Renewal Plan will remain in effect until March 1, 2042.
#620 – ACCEPT MASS. GENERAL LAW CHAPTER 32B, SECTION 21 MASS. HEALTH INSURANCE REFORM LAW
Received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was referred to the Committee of the Whole.
ORDERED: The City of Salem hereby accepts Massachusetts General Law Chapter 32B, Section 21 known as the Health Insurance Reform Law.
Councillor O’Keefe assumed the Chair.
#621 – CITY COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the regular meetings of the City Council, for the months of November and December shall be held on Thursday, November 17, 2011 and Thursday, December 8, 2011.
Councillor Ryan resumed the Chair.
#622 – REVIEW RULES AND REGULATIONS FOR ROOMING HOUSES
Councillor Sosnowski 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 rules and regulations as they pertain to rooming houses. And that the following be invited, Licensing Board, the City Solicitor, Building Inspector, Police Chief or his designee, Fire Chief or his designee, Health Agent and Collector.
#623 – MONTHLY FINANCIAL REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated August 31, 2011, be referred to the Committee on Administration and Finance. (copy on file in the City Clerks Office)
#624 – ORDINANCE AMENDING TRAFFIC, GENERAL PROHIBITION, TOWING ZONE, MASON STREET
Councillor Lovely 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 74 “General Prohibition Towing Zones”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Mason Street, both sides from Tremont Street to Flint Street, “No Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#625 - ORDINANCE AMENDING TRAFFIC, OBEDIENCE TO ISOLATED STOP SIGN GLOVER 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 49 “Obedience to Isolated Stop Sign”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Glover Street and Leach Street, northwesterly bound traffic, Stop at Leach Street, “Obedience to Isolated Stop Signs”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#626 - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING ZONES, LIMITED TIME
Councillor O’Keefe 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 Zones, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Loring Avenue, in front of #111, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O’Keefe assumed the Chair.
#627 - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING ZONES, LIMITED TIME
Councillor Ryan 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 Zones, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Boston Street, in front of #154, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#628 – RESOLUTION IN SUPPORT OF INCREASING CAP ON MASSACHUSETTS NET-METERING PROGRAM
Councillor Ryan introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: The City of Salem is currently home to a coal fired power plant that is in the process of closing, and;
WHEREAS: The City of Salem is always looking to promote the use of clean energy; and
WHEREAS: Everyday of the year, enough sun shines down on Massachusetts to power the state multiple times over with solar energy; and
WHEREAS: In 2008, Massachusetts adopted net-metering policies as a means of harnessing the state’s vast solar potential and to expand solar development; and
WHEREAS: New-Metering allows consumers to sell excess electricity produced via solar panels back to the electricity grid for a profit. By making it more affordable to install solar panels on homes, businesses, and government buildings, Massachusetts’ net-metering program has encouraged renewable energy investment and has created new clean energy jobs.
NOW THEREFORE BE IT RESOLVED: That the City Council of the City of Salem supports the increasing of the cap set on the Massachusetts Solar Net-Metering Program. The Council supports SB 1664, a bill that will increase the cap set on net-metering from 1% of peak demand for residential and commercial properties and 2% for government properties to 5% for residential, commercial, and government properties. We are also in support of HB 1776: Increase cap to 3% for residential, commercial and government properties.
AND BE IT FURTHER RESOLVED: That this Resolution is made a matter of the record of these proceedings and that a copy is sent to Representative John Keenan and Senator Ben Downing.
Councillor Ryan resumed the Chair.
#629 – SOLAR PANELS ON CITY’S TWO PARKING GARAGES
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the committee on Community and Economic Development meet to discuss the possibility to install roofs with Solar Panels on the city’s two parking garages and that Jim Hacker the Parking Director, Tom St. Pierre the Building Commissioner, Paul Marquis the Energy Manager and Lynn Duncan Planning Director or her representative be invited.
#630 – ASSESS SPEED ZONES ON SWAMPSCOTT ROAD AND WHALER’S LANE
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the City Council send to the Salem Police Traffic Division a copy of the Commonwealth of Massachusetts, Mass. Highway Department, procedures for speed Zones on State and municipal roadway’s document to asses the speed zones on Swampscott Road and Whaler’s Lane and that this order be sent to the Committee on Ordinances, Licenses and Legal Affairs for discussion.
#631 – FLOOD GATES AT FOREST RIVER
Councillor Ronan introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet to discuss the operation of the flood gates at Forest River. It is suggested that we invite Dave Knowlton the City Engineer and a representative of Weston and Sampson.
#632 – (#604 – #606) GRANTING LICENSES
Councillor Lovely offered the following report for 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. It was voted to accept the report and adopt the recommendation.
PUBLIC GUIDES Donald Callahan, 55 Linden St., Salem
Brendan Connolly, 171 Federal St. #1, Salem
Andrew Borden, 1026 Fisher Rd., Dartmouth
Heide Hasselmann, 2 Cranberry Hill, Duxbury
PUBLIC GUIDES
CONTINUED Brigitta Amsler, 286 Ocean Ave., Marblehead
Carole Hartling, 37 Peach Highlands, Marblhead
Judith Eidelman, 220 Humphrey St. #101, Marblehead
William Sano, 35 Daniels St., Salem
Frances Rennie, 19 Piedmont St., Salem
Michael Newberg, 21 Brook Rd., Marblehead
Leah Schmidt, 26 Louis St., Hyannis
Beth McCuish, 37 March St., Salem
Adam Harmn, 18 Chestnut St., Salem
Kelly Flanagan, 21 Thomas Cir., Salem
Roger Watras, 1041 Pembrook St., Boston
Stephanie Scannell, 12 Baldwin St., Peabody
Michael Beckham, 82 Commercial St. #5, Boston
Daniel Minkle, 54 Derby St. #1L, Salem
Scott Ray Merchant, 12 Holly St. #2, Salem
Phylicia George, 7 Hosmer Ave., Salem
SEAWORM Alaide Picanco, 85 Tremont St., Salem
SECOND HAND Game Zone 270 Essex St., Salem
VALUABLES Once & Again, 45 Bridge St., Salem
#633 - (#534) ORDINANCE AMENDING STORMWATER MANAGEMENT
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an Ordinance amending Storm Water Management, has considered said matter and would recommend that the matter remain in committee. It was voted to accept the report and adopt the recommendation.
#634 – (#348) USE OF ALCOHOL ON PUBLIC PROPERTY
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of use of alcohol on public property, has considered said matter and recommend the matter be discharged from committee with no recommendation. It was voted to accept the report and adopt the recommendation.
#635 – (#590) SEGWAY COMPANIES PLANS FOR THE MONTH OF OCTOBER
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Segway companies plans for the month of October, has considered said matter and would recommend that the matter remain in committee. It was voted to accept the report and adopt the recommendation.
#636 – (#550) REMOVING EATON PLACE FROM THE LIST OF ACCEPTED STREETS
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a public hearing to remove Eaton Place for list of accepted street, has considered said matter and would recommend that the public hearing be continued and that the matter remain in committee for review in 90 days. It was voted to accept the report and adopt the recommendation.
#637 – (#592) VARIOUS ISSUES AND QUESTIONS SURROUNDING LIFEBRIDGE
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of various issues and questions surrounding Lifebridge, has considered said matter and would recommend that the matter remain in Committee.
It was voted to accept the report and adopt the recommendation.
#638 – (#533) ORDINANCE AMENDING MAINTENANCE OF STRUCTURES AND PROPERTIES
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of an Ordinance amending Maintenance of Structures and Properties has considered said matter and would recommend that the matter remain in Committee. It was voted to accept the report and adopt the recommendation.
#639 – (#587) APPROPRIATION FOR SCHOOL DEPT. EMPLOYEES VACATION/SICKLEAVE BUYBACK
Councillor McCarthy offered the following report for the Committee on Administration and Finance to whom was referred the matter of an appropriation in the amount of $243,827.93 to be expended for vacation/sick leave buyback for School Department employees has considered said matter and would recommend approval. It was voted to accept the report and adopt the recommendation.
#640 – (#384) QUALITY OF LIFE ISSUES ON FRANKLIN STREET, FRANKLIN COURT AND FOSTER STREET
Councillor Pinto offered the following report for the Committee on Public Health, Safety & Environment co-posted with the Committee of the Whole to whom was referred the matter of quality of life issues on Franklin Street, Franklin Court and Foster Street, has considered said matter and would recommend that the matter remain in committee. It was voted to accept the report and adopt the recommendation.
#641 – CONDUITS ON DERBY SQUARE, ESSEX STREET AND WASHINGTON STREET
A hearing was ordered for October 27, 2011 on the petition from Comcast to install conduits on Derby Square, Essex Street and Washington Street.
#642 – CONDUIT ON ESSEX STREET
A hearing was ordered for October 27, 2011 on the petition from Verizon to install conduit on Essex Street.
#643 – EXTENDED HOURS OF OPERATION FOR MCDONALD’S ON CANAL STREET
A hearing was ordered for October 27, 2011 on the request from Stephen Lima, Owner/Operator of McDonald’s, 150 Canal street for extended hours of operation (drive through to be open from 6:00 a.m. until 2:00 a.m. seven days a week).
#644 – ADVERTISE REGISTERED SEX OFFENDERS
The request from resident Bruce Saunders for Council to consider article/advertisement of registered sex offenders, was referred to the Committee of the Whole.
#645 – SALEM STATE UNIVERSITY 5K ROAD RACE AND FUN WALK
A request from Salem State University to hold their annual 5K Road Race and Fun Walk and use of city streets on Sunday, April 29, 2012 at 9:00 a.m., was granted
#646 – ISSUES WITH TAXI AND LIMOUSINE COMPANIES AT SALEM TRAIN STATION
A letter from Officer Michael Page, Police Traffic, regarding issues with Taxi and Limousine Companies at the Salem Train Station, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#647 – SALEM COMMUNITY TRANSPORT REQUEST TO MEET WITH CITY COUNCIL
A request from Jean Joseph, owner of Salem Community Transport, to meet with Council to address issues at Salem Train Station, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#648 – #651 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs:
JUNK DEALER I. Talkowsky & Son, 18 Phillips St., Salem
PUBLIC GUIDES Gillian Alexander, 6 Atkinson Lane, Lynn
Beverly Koenigsberg, 77 High Pine Circle, Concord
Anne Turcotte, 60 Ledgewood Dr., Danvers
Kevin Gutowski, 41 Wood Lawn Ave., Everett
Tiziana Buddle, 2 Summer St., Meford
Justin Bizjak, 190 Bridge St., #5101, Salem
Kiki Kneeland, One Cordis St., Charlestown
Patrick Curran, 9 Rockland Rd., Danvers
Allan Dunley, 82 Commercial St., Boston
PUBLIC GUIDES
CONTINUED James Dunbar, 82 Commercial St., Boston
Martin Elliott, 51 Pleasant St., Malden
TAG DAYS Salem Academy Charter School, November 18, 19 & 20, 2011
S.H.S. Hockey Boosters, 11/27/11, 12/18/11, 1/15/12 & 2/12/12
#652 –TAXI OPERATOR LICENSE APPLICATIONS
The following license applications were granted:
TAXI OPERATORS Clint Desa, 21 Roslyn St., Salem
Kenny Josselin, 241 Spring St., Medford
Martin Linares, 7 Lemon St., Salem
Tim McCarthy, 3 Branch Lane, Prides Crossing
Edward Constanza, 114 Central St., Peabody
Bernardo Tavarez, 114 Central St., Peabody
Miguel Pimentel, Jr., 16 March St., Salem
Dumy Joseph, 461 Eastern Ave. #1, Lynn
#653 – DENIED LICENSE APPLICATION
The following license application was denied.
TAXI OPERATOR Mack Raye, 551 Essex St., Lynn
#654 – REQUEST FOR HEARING
The request from Mack Raye 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.
#655 - #660 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Esther Anton, 3 Bay View Circle, Salem
Janet Crane, 12 Dow St., Salem
Page Day, 23 Goodell St., Salem
Jill & Phil LeClare, 30 Moffatt Rd., Salem
Sarah Powers, 3 Michigan Ave., Lynn
Georgia Proodian, 9 Lynn End Rd., Lynn
#661 - BOND
The following bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: John J. Ruehrwein, 32 Pine St., Wakefield
On the motion of Councillor Ronan the meeting adjourned at 9:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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