“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, January 26, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 19, 2012 at 6:11 P.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President Lovely presided.
Councillor Prevey moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Lovely requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
NONE
#53 – (#27) CONDUIT LOCATION ON FEDERAL STREET
A hearing was held on the Order of Verizon for a conduit location on Federal Street. Appearing in favor was Joseph Gleason – Right of Way Agent for Verizon. He stated the work was already done as Verizon got a license agreement from the Municipality (Mayor). Councillor Sosnowski stated he is not in favor due to not meeting the requirements of fixing streets. The hearing was closed. Councillor O’Keefe moved that the permit be granted. It was so voted.
#54 – (#28) CONDUIT LOCATION ON FEDERAL STREET
A hearing was held on the Order of Verizon for a conduit location on Federal Street. Appearing in favor was Joseph Gleason – Right of Way Agent for Verizon. He stated that the State may have jurisdiction over this matter he was not sure if there was a license agreement. Councillor Sosnowski stated he is still not in favor regarding the work being done before it comes before the City Council. Also opposed was resident Albert Hill. The hearing was closed. Councillor O’Keefe moved that the permit be granted. It was so voted.
#55 – POLE LOCATION ON WASHINGTON SQUARE NORTH
A hearing was held on the Order of National Grid for a pole location on Washington Square North. Appearing in favor was Sabitah Mahabier-Sheehy representative from National Grid. She stated this was to provide service. There was no one opposed. The hearing was closed. Councillor Sosnowski moved that the permit be granted. It was so voted.
(#8) - APPOINTMENT OF LORETTA CARROLL TO THE COUNCIL ON AGING
Held from the last meeting the Mayor’s appointment of Loretta Carroll to the Council on Aging with a term to expire on February 1, 2014, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, McCarthy, O’Keefe, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
Councillor McCarthy requested and received unanimous consent for suspension of the rules to allow Ms. Carroll to speak. Councillor McCarthy requested that a City Seal be sent to Jane Sarnowski.
(#9) – APPOINTMENT OF GEORGE P. MCCABE TO THE PLANNING BOARD
Held from the last meeting the Mayor’s appointment of George P. McCabe to the Planning Board with a term to expire on June 1, 2015, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, McCarthy, O’Keefe, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
Councillor O’Keefe requested and received unanimous consent for suspension of the rules to allow Mr. McCabe to speak. Councillor Prevey requested that a City Seal be sent to Nadine Hanscom.
#56 – APPROPRIATION FROM RETIREMENT STABILIZATION FUND – VACATION / SICK LEAVE BUYBACK
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of One Hundred Two Thousand, Seven Hundred and Twenty-Three Dollars and Forty-Three cents ($102,723.43) 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 Departments listed below in accordance with the recommendation of Her Honor the Mayor.
John Wilkinson School Dept. 16,132.23
Kristine Wilson School Dept. 28,452.00
Susan Adams School Dept. 27,444.00
Gail Triant School Dept. 30,695.20
Total 102,723.43
#57 – APPROPRIATION TO POLICE MEDICAL
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriations – Free Cash” account to the “Police – Medical” account in accordance with the recommendation of Her Honor the Mayor.
#58 – APPROPRIATION TO CEMETERY – BURIAL
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Four Thousand Seven Hundred and Forty Dollars ($4,740.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor.
#59 – TRANSFER TO REPLACE DEFECTIVE HEATING & VENTILATION UNITS AT THE ELECTRICAL DEPARTMENT
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Nine Thousand Eight Hundred and Sixty Dollars ($9,860.00) is hereby appropriated within the “Capital Outlay Renovations & Repairs” account to be expended for the repair of HVAC system for the Electrical Department in accordance with the recommendation of Her Honor the Mayor.
#60 – EXECUTE EASEMENT WITH MASSACHUSETTS ELECTRIC COMPANY
The following Order recommended by the Mayor was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, McCarthy, O’Keefe, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
ORDERED: The Mayor is hereby authorized to execute, on behalf of the City of Salem, an easement in favor of Massachusetts Electric Company, a Massachusetts corporation with its usual place of business at 40 Sylvan Road, Waltham, Massachusetts, over a portion of city-owned land, Technology Way. The purpose of this easement is to allow Massachusetts Electric company to install conduit across Technology Way to provided electrical service to properties abutting Technology Way, The easement and plan shall be in a form approved by the City Solicitor, placed on file in the office of the City Clerk and recorded in the Southern Essex District Registry of Deeds.
#61 – MONTHLY FINACIAL REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: Monthly Financial Report dated December 31, 2011, be referred to the Committee on Administration and Finance. (Report on file in the City Clerks Office)
#62 – RESIDENT STICKER PARKING PROGRAM
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: Committee on Ordinances, Licenses & Legal Affairs co-posted with Committee of the Whole meet to discuss the rules as they pertain to the Resident Sticker Parking Program. And that the following be invited Mayor or her representative, Collector or her representative, City Clerk and Assistant City Clerk, Assessor, Parking Director, Police Chief or his representative and City Solicitor.
#63 – DRAFT LEGAL CLAIM AGAINST NEWPORT CONSTRUCTION COMPANY
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: Committee on Ordinances, Licenses & Legal Affairs co-posted with Committee of the Whole meet to draft a legal claim against Newport Construction Company. And that the
following be invited Mayor or her representative, City Engineer, DPW Director, City Electrician and City Solicitor.
#64 – ORDINANCE FOR PARKING REQUIREMENTS FOR VARIOUS DEVELOPMENTS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss creating an City Ordinance for parking requirements for various developments rather that a Zoning Ordinance. And that the following be invited representatives from the Parking Department, Planning Board, Police Department, and City Solicitor.
#65 – RESOLUTION TABERNACLE CHURCH 200TH ANNIVERSARY
Councillor Sosnowski introduced the following Order, which was adopted.
RESOLUTION
WHEREAS: The Tabernacle Church of Salem will be celebrating it’s 200th Anniversary; and
WHEREAS: This Anniversary to be celebrated on February 5, 2012, is to commemorate the first missionaries that were sent in 1812 from America to foreign lands; and
WHEREAS: On February 19, 1812 the first missionaries sailed from Derby Wharf in Salem on the Ship CARAVAN, bound for India. The ship reached the shores of India in the month of June. They disembarked in Calcutta and moved to a mission located at Serampore; and
WHEREAS: Since that time the Tabernacle Church has preserved the history of the past and is making it part of the present through a re-enactment of the first missionaries and through the displaying of some of the artifacts which were used in 1812; and
WHEREAS: Through the years the Tabernacle Church has accepted their role of responsibility in moral and social growth in our community and in reaching out to all parts of the world.
NOW THEREFORE BE IT RESOLVED: That the Salem City Council of the City of Salem hereby congratulates the Tabernacle Church, on its 200th Anniversary, with sincere thanks for its contributions over the years.
AND BE IT FURTHER RESOLVED: That this resolution is made a matter of the record of these proceedings, and that a suitable copy is sent along with a City Seal, on behalf of the Salem City Council, as a token of our respect and gratitude for their commitment.
#66 – ELECTION ORDER
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED:That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the City at the polling places designated hereinafter on Tuesday, March 6, 2012, for the purpose of casting votes in the Presidential Primary Officers for the election of candidates of political parties for the following office:
PRESIDENTIAL PREFERENCE…..FOR THIS COMMONWEALTH
STATE COMMITTEE MAN…………SECOND SENATORIAL DISTRICT
STATE COMMITTEE WOMAN…….SECOND SENATORIAL DISTRICT
WARD COMMITTEE………………...SALEM
AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings:
WARD ONE
PRECINCT ONE Bentley School, Memorial Drive
PRECINCT TWO Bentley School, Memorial Dirve
WARD TWO
PRECINCT ONE St. John’s Parish Hall, St. Peter Street
PRECINCT TWO St. John’s Parish Hall, St. Peter Street
WARD THREE
PRECINCT ONE Salem High School Auditorium, 77 Willson Street
PRECINCT TWO Salem High School Auditorium, 77 Willson Street
WARD FOUR
PRECINCT ONE Witchcraft Heights School Gymnasium, 1 Frederick Street
PRECINCT TWO Witchcraft Heights School Gymnasium, 1 Frederick Street
WARD FIVE
PRECINCT ONE Temple Shalom, Lafayette Street
PRECINCT TWO Community Room, Pioneer Terrace
WARD SIX
PRECINCT ONE Bates School, Liberty Hill Avenue
PRECINCT TWO Park and Recreation Dept., Mack Park
WARD SEVEN
PRECINT ONE Salem State Enterprise Center, 121 Loring Avenue
PRECINT TWO Salem State Enterprise Center, 121 Loring Avenue
AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law.
Given under our hands this 26th day of January, 2012.
#67 – REPEAL ORDINANCE TRAFFIC HANDICAP PARKING VARNEY STREET
Councillor Ryan introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
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. Repeal Varney Street, in front of #10 for a distance of twenty (20) feet, “Handicap Parking, Tow Zone” (6/1/98)
Section 2. This Ordinance shall take effect as provided by City Charter.
#68 – ISSUES REGARDING ROAD RACES
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole, meet to discuss the issue of road races in the City of Salem and the following be invited, Doug Bollen the Park and Recreation Director, representative from the Wicked Running Club, a representative from B&S Fitness and any other principle in the running of a road race.
#69 – PROBLEMS CAUSED BY STREET OPENINGS
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole, request that representative with Verizon meet with the Committee to address the ongoing problems caused by street openings as a result of work done by Verizon. And the following be invited: City Engineer, City Solicitor, Director of Public Services and representatives of Verizon New England Inc.
#70 – (#30 - #35 & #37 – #41) GRANTING LICENSES
Councillor Sosnowski 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 that the following be granted:
PAWNBROKER Salem Loan & Jewelry, 133 Washington St.. Salem
PUBLIC GUIDES Gitta Amsler, 286 Ocean Ave., Marblehead
Heide Hasselmann, P.O Box 1142, Duxbury, MA
James McAllister, 86 Federal St., Salem
William Sano, 35 Daniels St., Salem
Allen Winecour, 161 Garland St., Everett, MA
SEAWORMS Arthur Barreira, 49 Webster St., Peabody
SECOND HAND
CLOTHING Witch City Consignment Thrift LLC, 301 Essex St., Salem
SECOND HAND Salem Loan & Jewelry, 133 Washington St.. Salem
VALUABLE Witch City Consignment Thrift LLC, 301 Essex St., Salem
Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
Forgotten Treasures, 107 Bridge St., Salem
TAG DAYS S.H.S. Girls Basketball Boosters, Jan. 28, 2012 & Feb. 11, 2012
S.H.S. Girls Lacrosse Boosters, March 31, 2012 & April 28, 2012
S.H.S. Softball, April 14, 2012 & May 19, 2012
S.H.S. Girls Volleyball, Sept. 8, 2012
S.H.S. Girls Volleyball, Oct. 27, 2012
S.H.S. Boys Basketball, Dec. 8th & 15th, 2012
#71 –(#622 of 2011, #26) RULES & REGULATIONS FOR BOARDING, LODGING, ROOMING & SOBER HOUSES
Councillor Sosnowski 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 Rules and Regulations for Boarding, Lodging, Rooming and Sober Houses, has considered said matter and would recommend the matter be referred to the Committee of the Whole as recommended by the sub-committee.
#72 – (#759 & #760 of 2011) TAXI OPERATOR HEARING FOR CURTIS LOMAX
Councillor Sosnowski 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 taxi operator hearing for the denial of Curtis Lomax license and would recommend approval.
#73 – (#5) PARKING BOARD RECOMMENDATIONS
Councillor Sosnowski 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 Parking Board recommendations and would recommend the following: That the Snow Emergencies four recommendations be approved with the amendment that the charge in both garages be $.50/hour, that the October/Haunted Happenings recommendation be approved, that the four recommendations for Tour Buses be approved and that the remaining topics and recommendations stay in committee until a public hearing can be held
#74 – (#44 & #45) TAXI OPERATOR HEARING FOR RAFAEL ESPAILLAT
Councillor Sosnowski 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 regarding a taxi operator hearing for the denial of Rafael Espaillat license and would recommend that the hearing be continued to February 2, 2012.
#75 - (#14) APPROPRIATION TO ENGINEERING SEWER SYSTME IMPROVEMENT PROGRAM
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 $200,000.00 to Engineering Sewer System Improvement Program and would recommend approval.
#76 – (#728 of 2011) REVOLVING FUND FOR SALEM HIGH SCHOOL AUTOMOTIVE PROGRAM
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 adoption of the Mass General Law Ch. 44 Sec. 53 E ½ to establish a revolving account for the Salem High School Automotive Vocational Program and would recommend adoption.
#77 – (#106) TAVERN ON THE SQUARE ROAD RACE
The request from Tavern on the Square to hold a road race on April 22, 2012 at 10:00 A.M. and use of city streets, was referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole.
#78 – (#107) WICKED RUNNING CLUB ROAD RACE
The request from Wicked Running Club to hold a road race on July 13, 2012 at 8:00 P.M. and use of city streets, was referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole.
#79 – (#707 of 2011) OWNERSHIP CHANGE OF RJ COINS
A communication from Richard J. Buchanan, Jr. notifying Council of ownership and name change of RJ Coins, Second Hand Valuable License, was received and placed on file.
#80 – (#36) TAG DAY WITHDRAWN
A communication from Salem High School Gymnastics notifying Council of withdrawing request for Tag Day on February 4, 2012, was received and placed on file.
#81 - #84 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES Patrick Curran, 9 Rockland Rd., Danvers
Ronald Olson, 154 Lafayette St., Marblehead
SECOND HAND Re-Find, 244 Washington St. , Salem
CLOTHING
SECOND HAND Once & Again, 45 Bridge St., Salem
VALUABLE
TAG DAYS Salem Academy Charter School, 3/23/12, 3/24/12, 3/25/12, 4/27/12,
4/28/12, 4/29/12
#85 - #86 LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINES Tri City Services, Inc., 55R Walnut St., Peabody (4)
Witch City Taxi, 63 Jefferson Ave., Salem (2)
TAXI CABS North Shore Taxi Inc., 27 Walnut St., Peabody (5)
Salem Community Transport, 117 Lafayette St., Salem (1)
Tri City Services, Inc., 55R Walnut St., Peabody (7)
Witch City Taxi, 63 Jefferson Ave., Salem (2)
TAXI OPERATORS Jesus Rosario, 42 Park St., Salem
Evangelis Rodriguez, 114 Central St., Peabody
Jon Kimball, 2 Lowe St., Peabody
Ramon Espinal, 16 Aborn St., Peabody
Juan Stepan, 249 Loring Ave, Salem
Ramon Espinal Jr., 12 Mount Vernon St., Salem
Miguel Pimentel Sr., 16 March St., Salem
Brendan Castillo, 18 ½ Becket St., Salem
Martin Linarz, 7 Lemon St., Salem
Maurice Lteif, 10 ½ Enon St., Beverly
TAXI OPERATORS
CONTINUED
Richard Foote, 2 Pratt Ave., Beverly
Kim Engdahl, 116 Lafayette St., Salem
Ellen Gallant, 9 Cloutman St., Salem
Radhames Medina, 24 Peabody St., Salem
Miguel Pimentel Jr., 16 March St., Salem
Robert Carriveau Jr., 78 Endicott St., Peabody
Victorino Santana, 9 Prince St., Salem
Guillermo Javier, 78 Rainbow Ter., Salem
Felix Hernandez, 5A Rockdale Park, Peabody
Alejandro Pena, 32 Washington St., Peabody
Pedro Taveras, 100 Lafayette St., Salem
Anthony Zucchari, 48 Catalina Rd., Lynn
Mauro Fernandez, 160 Park St., Beverly
Kevin Guilfoyle, 14 Douglas St., Lynn
Clifford Gately, 102 Orchard St., Lynn
Thomas Meniff, 5 March St., Salem
Robert Berzon, 135 Grove St., Melrose
David Beauchamps, 388 Essex St., Salem
Jonathan Panient, 12 Pope St., Salem
Robert Pacheco, 105 Congress St., Salem
Shane Kieran, 18 ½ Becket St., Salem
Franklin Pimental, 24 Park St., Salem
Roberto Disla, 106 Lafayette St., Salem
#87 – (#125, #156 - #157) TAXI OPERATOR APPLICATIONS
The following License applications were denied.
TAXI OPERATOR David Benson, 23 Parson St., Peabody
Darryl Fanning, 66 County Rd., Ipswich
#88 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer / Contract Operator license applications were granted.
Manter Co., Inc., 20 Popes Lane, Danvers
Peterson Construction, 210 Broadway, Lynn
#89 - #90 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Mark Kilczewski, 12 Cousins St., Salem
Arlene Lemack, c/o Robin Miller, 52 Harrison Ave., Swampscott
(#20) – SECOND PASSAGE ORDINANCE TRAFFIC, TOW ZONE FEDERAL STREET
The matter of second and final passage of an Ordinance amending Traffic Chapter 42, Section 74, General Towing Zones, Federal Street, was then taken up. The Ordinance was adopted for second and final passage.
(#21) – SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING FAIRVIEW ROAD
The matter of second and final passage of an Ordinance amending Traffic Chapter 42, Section 50B, Handicap Parking, Limited Time Fairview Road, was then taken up. The Ordinance was adopted for second and final passage.
(#534) – SECOND PASSAGE ORDINANCE AMENDING STORMWATER MANAGEMENT
The matter of second and final passage of an Ordinance amending Chapter 37 Stormwater Management, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:55 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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