“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,
November 17, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on November 10, 2011 at 11:35 A.M. This meeting is being taped and is
live on S.A.T.V.
All Councillors were present.
Council President Ryan presided.
Councillor Sargent 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 – 9 Wisteria Street – Appropriation to the Stabilization Fund.
(#619) PUBLIC HEARING ON THE SALEM DOWNTOWN RENEWAL PLAN
A Public Hearing for the adoption of the Salem Downtown Renewal Plan Dated October 27, 2011 was held.
Appearing in:
Lynn Duncan the City Planner – made a presentation. She stated that the purpose of the hearing is to take comment. Currently there a two plans which will be expiring March 1, 2012, The Heritage Plaza East and the Heritage Plaza West. These plans are 40 years old and need to be updated. This gives the SRA a chance to update the plans and update the design. Council received two documents the first dated October 27, 2011 and the second dated October 27, 2011 with amendments. The reason for the second document with amendments is that they received more
input which pointed out one more amendment for tonight which is the signal at the train station was not designated. So we have made an additional correction. The Cecil group was hired to work along with the working group. The SRA members are here tonight and wo are the members of the working group.
Steve Cecil of The Cecil Group – stated the Salem renewal plan is an updated version and consolidates the two previous plans. The following are updates
- Benefits of design standards and guidelines
- Demolition Management
- Unfinished Business, supporting reinvesting not disinvestment
- Consolidates
- Extends the time 30 years
- Updates the language
- Maintains processes
The plan objectives remain the same, that’s why this is an update. This consolidates East and West side and design review process for private and SRA projects or other municipal projects. It lists the guidelines and standards. The steps are as follows:
- Council approval
- Submission to Dept. of Housing and Community Development
- Dept. of Housing and Community Development decision
Lynn Duncan City Planner – stated that she would walk through the proposed amendments
- effective date of plan
- Green space near old Salem Jail
- Description of site
- Description of field site parking vs open space
Darrow Lebovici - resident of 122 Federal Street and President of Historic Salem Inc. – gave a brief history of the SRA. He stated that the SRA went from demolition to preservation since the 1960’s . He is in favor of having a plan vs not having a plan. He supports this plan.
Christine Sullivan – 111 Chestnut Street – agreed with the previous speaker.
Teasie Riley Goggin – 9 Wisteria Street – stated that she attended the public meetings of the SRA and learned a lot from them.
Emily Reedy – 8 Buffum Street – agrees that downtown is what it is due to the SRA.
Barbara Cleary – a former member of the SRA stated that this is a much improved plan.
Russell Vickers – current member of the SRA was gratified to learn the degree of support that the SRA has from the public.
Patricia Zaido – 13 Chestnut Street – stated she is pleased to be on the working committee.
Deen Wolurn – business owner in Salem – stated he has only lived here 11 months but this extends the momentum for the city.
Paul Durran – business owner – that he sat on the planning board and working group member and agrees this is a very good plan
Matt Veno – 20 Forest Avenue – stated that he is a new member to the SRA but feels this is a good plan
There was no one opposed.
Shirley Walker – Derby Lofts resident – asked about Derby Lofts being on the Historical register but not under Historical Commission.
Lynn Duncan City Planner – stated these are identified as landmarks and will add the address.
Councillor O’Keefe stated this is a wonderful program and supports the efforts of the Cecil Group but feels the plan should be called the Historic Salem Downtown Renewal Plan.
Councillor Pelletier – asked if the MBTA station does goes before the SRA?
Lynn Duncan responded yes.
Councillor Pelletier asked what the cost was for this plan.
Lynn Duncan stated that the cost was shared by a grand and the SRA funds $50,000.00 but that it did not come from tax dollars.
Councillor Sosnowski endorses the plan and thanked the Cecil Group, Planner and the Working Group.
Councillor Sosnowski moved that the Hearing be Closed.
It was so voted.
Councillor Sosnowski moved adoption of the plan as amended by roll call vote.
It was adopted as amended by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan.
Councillor McCarthy moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Pelletier moved for a 2 minute recess. There was no objection.
#686 - REAPPOINTMENTS TO THE BIKE PATH COMMITTEE
The Mayor’s re-appointment of the following to serve on the Bike Path Committee with the terms to expire, were confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan.
Dan Shuman, 36 English St., Salem Term to Expire: September 1, 2014
David Pelletier, 12 Crombie St., Salem Term to Expire: October 1, 2014
Jeff Bellin, 396 Essex St., Salem Term to Expire: July 1, 2014
William Peck, 27 Broad St., Salem Term to Expire: September 1, 2014
Ernest V. DeMaio, III, 289 Essex St., Salem Term to Expire: July 1, 2014
David Hallowes, 15 River St., Salem Term to Expire: July 1, 2014
Jamie Metsch, 18 Oliver St., Salem Term to Expire: October 1, 2014
#687 – CORRECTION OF CLERICAL ERROR FOR CONSTABLE TERM
The Mayor’s correction on reappointment of Cynthia Bourgeault’s term of expiration as Constable from last meeting due to clerical error: Term to expire shall be October 14, 2013 not October 14, 2012, was received and placed on file.
#688 – APPROPRIATION FROM “FUND BALANCE – FREE CASH”
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. Councillors Furey and Pelletier were recorded as voting opposed.
ORDERED: That the sum of One Million, Six Hundred and Twenty – Four Thousand, Six Hundred and Seventy-Four Dollars ($1,624,674.00) is hereby appropriated from “General Fund Balance Reserved for Free Cash” account to the following special revenue funds. The amount of free cash to be transferred is per the City’s Financial Policies and in accordance with the recommendation of Her Honor the Mayor.
Stabilization Fund $649,875.00
Capital Improvement Fund $649,875.00
OPEB Trust Fund $324,924.00
$1,624,674.00
#689 – APPROPRIATION FROM “PUBLIC SERVICES – RENOVATIONS & REPAIRS”
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. Councillor Furey was recorded as opposed.
ORDERED: That the sum of Four Hundred and Twenty-One Thousand, Eight Hundred and Seventy-Seven Dollars ($421,877.00) is hereby appropriated to the “Public Services – Renovations & Repairs for Streets & Sidewalks” account to be funded by property taxes, state aid, non-property tax revenue and reserves when Fiscal Year 2012 tax rate is set in accordance with the recommendation of Her Honor the Mayor.
#690 – PARKING FINE LATE FEES WAIVED
The following Order recommended by the Mayor, was adopted.
ORDERED: Upon payment of an unpaid parking fine and the donation of two non-perishable items or canned goods to be donated to local food pantries, the City Collector shall waive, from December 1, 2011 to December 22, 2011, up to thirty dollars in late fees added to an unpaid parking fine, as provided in Section 17A of the City of Salem Traffic Code. The Collector has notified the Registry of Motor Vehicles of an unpaid fine and a non-renewal of license and/or registration has been recorded by the Registry of Motor Vehicles.
#691 – MONTHLY FINANCIAL REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated September 30, 2011, be referred to the Committee on Administration and Finance.
#692 – ORDINANCE, TRAFFIC OBEDIENCE TO ISOLATED STOP SIGNS, PRATT STREET
Councillor Pelletier 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 Signs”
Be it ordained by the City Council of the City of Salem, as follows
Section 1. Pratt Street, at the intersection with Endicott Street, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#693 – ORDINANCE, TRAFFIC HANDICAPPED ZONE, LIMITED TIME, FLINT 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, “Handicapped Zone, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows
Section 1. Flint Street in front of #81, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter
#694 – MEET WITH SCHOOL COMMITTEE REGARDING DOWNGRADE OF BENTLEY SCHOOL
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the City Council Committee of the Whole meet with the members of the School Committee to discuss the recent downgrade in the Bentley School and the impending downgrade of other schools in Salem. Invited: School Committee members, School Superintendent, the Mayor and the School Business Manager.
#695 – DENYING STREET OPENING PERMITS TO SALEM STATE UNIVERSITY
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the City Council order the City Engineer and all City Employees to deny any and all street opening permits including bike pathways to Salem State University for the property located between Canal Street and Loring Avenue formerly known as the Weir Valve property for the purpose of installing new drainage connection to the Rosie’s pond outflow pipe.
Be it further Ordered, that Salem State University meet with the Mayor and City Engineer regarding the flooding on Canal Street and the O’Keefe Center, to reach a legal and written agreement which states the following, Salem State University agrees to pay what needs to be done on their property for the Canal Street Flooding Project to which both parties engineers agree in principle that this will reduce flooding of residential and businesses in this location. When this agreement is reached in writing and only then the permit for drainage connection to the Rosie’s pond overflow pipe for the Salem State University on Canal Street and Loring Avenue be issued. And that this matter be referred to the Committee on Government Services co-posted with the Committee of the Whole.
#696 – (#604) 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 GUIDE Anita Dynarski, 31 Western Ave., #17, Gloucester
#697 – (#679) TAG DAY
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 denial. It was voted to accept the report and adopt the recommendation.
TAG DAY Teen Challenge, 11 Newcomb St. Boston, Nov. 25 & 26, 2011
#698 – #698A (#276 of 2010 & 698A of 2011) INCREASING TAXI FARES
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 increasing taxi fares has considered said matter and would recommend that the attached draft taxi ordinance amendment be referred back to the Committee on Ordinances, Licenses and Legal Affairs for further review and deliberation and that the Committee meet on Tuesday, November 22nd, at 6:30 P.M. It was voted to accept the report and adopt the recommendation.
#699 – (#646 - #647) TAXI / LIMO ISSUES AT TRAIN STATION AND CONDUCTING BUSINESS ON PUBLIC WAYS
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of taxi and limo issues at the train station and conducting of business on public ways, has considered said matter and would recommend that the matter remain in Committee. It was voted to accept the report and adopt the recommendation.
#700 – (#653 - #654) TAXI OPERATOR HEARING FOR MACK RAYE
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a hearing for the denial of a taxi operator license for Mack Raye, has considered said matter and would recommend that the hearing be continued until Tuesday, November 22, 2011.
#701 – (#681 - #682) TAXI OPERATOR HEARING FOR KENNETH MASON
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a hearing for the denial of a taxi operator license for Mack Raye, has considered said matter and would recommend that the hearing be continued until Tuesday, November 22, 2011 at 6:30 PM. It was voted to accept the report and adopt the recommendation.
#702 – REQUEST FOR EXTENDED HOURS FOR PLANET FITNESS
A request from Planet Fitness, 29 Trader’s Way, for extended hours of operation to be open
twenty-four hours, seven days a week. Public Hearing to be held on December 8, 2011.
#703 – PETITION TO ADDRESS COUNCIL REGARDING TRAFFIC SAFETY ISSUES
Petition from Walter Cook to address traffic and pedestrian safety issues at Summer, Norman and Chestnut Streets, was referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole.
#704 – #707 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES Abigail Perrine, 117 Alexander Ave., Medford
Jared Perrine, 117 Alexander Ave., Medford
Michael Metzger, 25 Shepard St., Marblehead
Richard Metzger, 25 Shepard St., Marblehead
Susan Metzger, 25 Shepard St., Marblehead
Herb Van Dam, 361 Lafayette St., Salem
Robert Woodward, 56 Hatherly Rd., Rockland
Frances Marrow, 12 Strawberry Hill Lane, Danvers
Nancy Sweeter, 60 Burley St., Danvers
Douglas Sabin, 34 Northey St., Salem
Hannah Diozzi, 20 Pleasant St., Salem
Ruth G. Wall, 13 Crombie St., Salem
Michael Newberg, 21 Brook Rd., Marblehead
Spencer Riley, 18 Pawtucket Blvd, Tyngsboro
Serra Langone, 283 Derby St., Salem
PUBLIC GUIDES
CONTINUED Jeffrey Langone, 283 Derby St., Salem
Brad Biscornet, 24 Pawtucket Blvd., Tyngsboro
SEAWORMS Joe Mendonca, 22 Spring St., Peabody
Alexandrino DaSilva, 37 Harris St., Peabody
Eutimio Cunha, 89 Tremont St., Peabody
Armando Borges, 7 Union St., Peabody
Alaide Picanco, 85 Tremont St., Salem
SEAWORMS Manuel Carroca, 12 Union St., Peabody
Jose Machado, 3 Emmett St., Peabody
Luis Dos Santos, 57 Central St., Peabody
SECOND HAND Boston St. Resale, 134 ½ Boston St., Salem
CLOTHING Modern Millie, 3 Central St., Salem
Re-Find, 72 Washington St., Salem
SECOND HAND Bernard’s Jewelers, 179 Essex St., Salem
VALUABLES Europa LTD, 3 Hawthorne Blvd., Salem
Filigree & Fancy, Pickering Wharf, Salem
Game Stop, 440 Highland Ave., Salem
Game Zone, 270 Essex St., Salem
Glass & Etc., Museum Place Mall Suite 129, Salem
Marine Arts Garlleries, 135 Essex St., Salem
The Record Exchange, 256 Washington St., Salem
R.J. Coins, 72 Wharf St., Salem
Salem Coin & Jewelry, 149A North St., Salem
Tobie’s Jewelry, 142 Washington St., Salem
Treasures Over Time, 139 Washington St., Salem
#708 – TAXI OPERATOR
The following license application was granted:
TAXI OPERATORS Juan Stepan, 249 Loring Ave., Salem
#709 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer / Contract Operator license applications was granted:
DRAINLAYER P.A. Fiore Construction, 183 Hart St., Beverly
#710 - #717 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs:
Donna Gauthier, 45 Forrester St., Salem
Brian Romer, 45 Forrester St. #2, Salem
Michael Bridgman, 85 Marlborough Rd., Salem
Janice Charlton, 11 Orleans Ave., Salem
David Joly, 63 Hale St., Beverly
Benjamin Gregory, 1B Greenway Rd., Salem
Melissa Saraiva, 28 Moffatt Rd., Salem
SUBROGATED MetLife (for Alex & Mary Gerard) PO Box 1503, Latham, NY
#718 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER P.A. Fiore Construction, 183 Hart St., Beverly
(#667) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC RESIDENT STICKER PARKING HAZEL STREET
The matter of second and final passage of an ordinance amending Traffic, Resident Sticker Parking, Hazel Street, was then taken up. The Ordinance was adopted for second and final passage.
(#668) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC PARKING TIME LIMITED BRIDGE STREET
The matter of second and final passage of an ordinance amending Traffic, Parking Time Limited, Unmetered zone, Bridge Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Pinto the meeting adjourned at 8:33 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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