“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 26, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 19, 2012 at 5:34 P.M. This meeting is being taped and is live on S.A.T.V.
Councillor Carr was recorded as absent. Councillor Lovely arrived at 7:50 P.M.
Council President O’Keefe presided.
Councillor Siegel 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
- Bob Andrews – resident North Street – regarding No Left Turn on Franklin Street
(#201) APPOINTMENTS TO THE BIKE PATH COMMITTEE
Held from last meeting Mayor’s appointment of the following to serve on the Bike Path Committee with their terms to expire on April 1, 2015.
David Bowie, 15 Beach St., Salem
Dan Cooper, 7 Phelps St., Salem
Brad Sandler, 8 Barstow St., Salem
Councillor Sosnowski moved to divide the question and take up only Brad Sandler’s appointment and that the other two appointments be held until the next meeting. It was so voted.
The appointment of Brad Sandler was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, and Turiel were recorded as voting in the affirmative. Councillors Carr and Lovely were recorded as absent.
Councillor Prevey requested and received unanimous consent for suspension of the rules to allow Mr. Sandler to speak.
#245 – APPOINTMENT OF JENNIFER BARZ-SNELL TO THE COMMISSION ON DISABILITIES
The Mayor’s appoinment Jennifer Barz-Snell to serve on the Commission on Disabilities with a term to expire on February 1, 2013, was held until the next meeting of May 10, 2012.
#246 - CONSTABLE
Mayor’s reappointment of Lauren D’Avella to serve as a Constable with a term to expire on April 10, 2015, was received and placed on file.
#247 – APPROPRIATION TO ENGINEERING – WATER SYSTEM IMPROVEMENT
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Engineering – Water System Improvement” account in accordance with the recommendation of Her Honor the Mayor.
#248 – APPROPRIATION TO ENGINEERING – SEWER SYSTEM IMPROVEMENT
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “Engineering – Sewer System Improvement” account in accordance with the recommendation of Her Honor the Mayor.
#249 – APPROPRIATION TO WATER CONSERVATION GRANT PROGRAM MASS. D.E.P. SPECIAL REVENUE
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Nine Thousand, Eight Hundred and Sixty Dollars ($9,860.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Water Conservation Grant Program Mass. D.E.P.” Special Revenue account in accordance with the recommendation of Her Honor the Mayor.
#250 – ACCEPT DONATION FOR POLICE SUMMER CAMP
The following Order recommended by the Mayor was adopted.
ORDERED: to accept the donation from Philanthropic Lodge F. & A.M. in the amount of One Thousand Dollars ($1,000.00) to help support the DARE Summer Camp program. These funds will be deposited into the Police Department Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#251 - ACCEPT DONATION FOR POLICE SUMMER CAMP
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) to help support the DARE Summer Camp program. These funds will be deposited into the Police Department Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#252 – RESOLUTION FOR INDUSTRIAL REVENUE BONDS FOR JACQUELINE’S WHOLESALE BAKERY, INC.
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance.
RESOLUTION:
WHEREAS: The Salem Industrial Development Financing Authority (the “Authority”) has become inactive over the last several years, and there are currently no actively serving directors;
WHEREAS: pursuant to Massachusetts General Laws, Chapter 40D & 3, the Mayor of the City of Salem has the authority to appoint the directors of the Authority and the City Council has the authority to approve such appointments;
WHEREAS: The Massachusetts Development Finance Agency the (the “Agency”) has received an inquiry from the Borrower with respect to a project to be financed by the Agency, consisting of (1) the refunding of tax-exempt bonds issued by the Agency in 2006, the proceeds of which were used to finance certain industrial development facilities located at 96 Swampscott Road, Unit #1, Salem, Massachusetts, owned and used by the Borrower in the manufacturing of cookies, scones, and other bakery products, and (2) the purchase of new equipment for such facilities ( the “Project”).
WHEREAS: the Borrower has made application to the Agency for the financing of the Project through the issuance of its revenue bonds (the “Bonds”);
WHEREAS: the Mayor and City Council for itself and on behalf of the Authority, wishes to request that the Agency assume the role of the Authority in issuing the Bonds.
NOW, THEREFORE, BE IT ORDERED: That the Council solely for the purpose of considering and action upon the proposed Project in the City of Salem, hereby acts for itself and as directors of the Authority; and
That the Council hereby requests that the Issuer assume the role of the Authority in financing the Project by issuance of the Bonds pursuant to Massachusetts General Laws Chapter 23G and Chapter 40D to finance the Project and that the Board cause a copy of this resolution to be delivered to the Issuer.
#253 – FLY 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, 2012, in observance of Polish Constitution Day.
#254 – REMOVE NO LEFT TURN SIGH ON FRANKLIN STREET AT NORTH STREET
Councillor Prevey introduced the following Order, which was referred to the Committee on Public Health, Safety and Environment. Councillor Furey was recorded as opposed.
ORDERED: That the No Left Turn sign on Franklin Street at North Street, be removed to allow vehicles to turn left. for a trial period of up to 60 days.
#255 – RESOLUTION EAGLE SCOUT AWARD FOR STANLEY J. USOVICZ III
Councillor Lovely introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Stanley John Usoviz, III has achieved the highest rank in Scouting, the “Eagle Scout” Award; and
WHEREAS: Stanley’s project was cleaning, weeding and planting flowers around three Veterans Memorials in Salem, he also organized his group to paint park benches in front of the Boys’ and Girls Club, he was successful in accomplishing his goal; and
WHEREAS: The Salem City Council takes great pride in the accomplishments of the youth in our community and acknowledges the effort and hard work that is required to achieve this; and
WHEREAS: The Eagle Scout Award is the highest award in scouting, and is a tribute to Stanley’s dedication and perseverance; and
WHEREAS: This award is an achievement which is an honor of which Stanley and his family should be extremely proud.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, congratulates Stanley John Usovicz, III on his Eagle Scout award, and we express our admiration on this highest achievement in Scouting.
AND BE IT FURTHER RESOLVED: That a suitable copy of this Resolution was presented to Stanley John Usovicz, III, along with a copy of the City Seal, at his Court of Honor on Sunday, April 22, 2012.
#256 – RESOLUTION EAGLE SCOUT AWARD FOR HENRY CALLAHAN CLARKE
Councillor Lovely introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Henry Callahan Clarke has achieved the highest rank in Scouting, the “Eagle Scout” Award; and
WHEREAS: Henry’s project was to rehabilitate park benches and picnic tables at the Salem Willows Park. He also organized his group to replace rotten and broken boards, primed and painted 25 benches and 3 picnic tables, he was successful in accomplishing his goal; and
WHEREAS: The Salem City Council takes great pride in the accomplishments of the youth in our community and acknowledges the effort and hard work that is required to achieve this; and
WHEREAS: The Eagle Scout Award is the highest award in scouting, and is a tribute to Henry’s dedication and perseverance; and
WHEREAS: This award is an achievement which is an honor of which Henry and his family should be extremely proud.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, congratulates Henry Callahan Clarke on his Eagle Scout award, and we express our admiration on this highest achievement in Scouting.
AND BE IT FURTHER RESOLVED: That a suitable copy of this Resolution was presented to Henry Callahan Clarke, along with a copy of the City Seal, at his Court of Honor on Sunday, April 22, 2012.
#257 – RESOLUTION EAGLE SCOUT AWARD FOR ROBERT CUNNINGHAM DEE
Councillor Lovely introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Robert Cunningham Dee has achieved the highest rank in Scouting, the “Eagle Scout” Award; and
WHEREAS: Robert’s project was to clean out and organize the attic storage space at St. James Church, he also painted it. He organized his group to build a safety railing and storage shelves, he was successful in accomplishing his goal; and
WHEREAS: The Salem City Council takes great pride in the accomplishments of the youth in our community and acknowledges the effort and hard work that is required to achieve this; and
WHEREAS: The Eagle Scout Award is the highest award in scouting, and is a tribute to Robert’s dedication and perseverance; and
WHEREAS: This award is an achievement which is an honor of which Robert and his family should be extremely proud.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, congratulates Robert Cunningham Dee on his Eagle Scout award, and we express our admiration on this highest achievement in Scouting.
AND BE IT FURTHER RESOLVED: That a suitable copy of this Resolution was presented to Robert Cunningham Dee, along with a copy of the City Seal, at his Court of Honor on Sunday, April 22, 2012.
#258 – ORDINANCE AMENDING TRAFFIC HANDICAP PARKING CONANT STREEDT
Councillor Sosnowski 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 Zone, Time Limited”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Conant Street, even side, starting at a point of Twenty-Five (25) feet from Bridge 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.
#259 – ORDINANCE AMENDING TRAFFIC HANDICAP PARKING WINTHROP STREET
Councillor Siegel 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 Zone, Time Limited”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Winthrop Street, in front of #70 at the property line, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#260 – RESOLUTION POLICE DEPARTMENT
Councillor Prevey introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS, the Salem Police Department has served the City since its official formation by city ordinance on May 12, 1836 and;
WHEREAS, the members of the Salem Police Department have always put their lives on the line in order to protect and serve the residents of and visitors to the City; and
WHEREAS, the many men and women of the Salem Police Department over the decades have dedicated themselves to provide and safe, secure and prosperous community by serving with commitment, honor and distinction; and
WHEREAS, the motto of the Salem Police Department is "in service to the community", and the many decades of public service to the citizens of Salem have truly brought that motto to life; and
NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of Salem, does hereby recognize the innumerable acts of selfless sacrifice, courage, bravery and heroism exhibited by the members of the Salem Police Department throughout our City’s history, and that they should be honored and recognized for such acts by this City Council and the entire City of Salem.
#261 – (#235 & 236) 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.
TAG DAYS S.H.S. Concert and Jazz Band, June 2, 2012
S.H.S. Girls Track, June 9, 2012
#262 – (#698A) TAXI ORDINANCE AMENDMENT
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 Ordinance Amendment, has considered said matter and would recommend that the matter remain in Committee.
#263 – (#489) FORTUNETELLING MORATORIUM FOR ISSUING 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 a temporary suspension of Fortunetelling Licenses, has considered said matter and would recommend that the Salem Licensing Board is hereby authorized to resume accepting applications and issuing licenses for Fortunetelling pursuant to City Ordinance Chapter 14, such licenses which were temporarily suspended from issuance by City Council Order #498, adopted July 14, 2011.
#264 – (#62) RESIDENT STICKER PARKING PROGRAM
Councillor Sosnowski 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 Resident Sticker Parking Program, has considered said matter and would recommend that a sub-committee by formed to study issues and the following to be members of that sub-committee, Councillor Sosnowski, Councillor O’Keefe, Councillor Turiel, James Hacker Parking Director, Bonnie Celi Collector and Lt. Robert Preczewski of the Police Department.
#265 – (#146) NOISE ORDIANCE RELATIVE TO LOUD PARTIES
Councillor Sosnowski 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 the Noise Ordinance relative to loud parties, has considered said matter and would recommend increasing the fines and that the City Solicitor draft an Ordinance.
#266 – (#203) APPROPRIATION TO PUBLIC SERVICES - GASOLINE
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 an Appropriation in the amount of $50,000.00 from “Fund Balance – Free Cash” to “Public Services – Gasoline/Diesel Fuel”, has considered said matter and would recommend approval.
#267 – (#204) APPROPRIATION TO PUBLIC SERVICES – SEWER GASOLINE/DIESEL FUEL
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 an Appropriation in the amount of $25,000.00 from “Retained Earnings - Sewer” to “Public Services – Sewer Gasoline/Diesel Fuel”, has considered said matter and would recommend approval.
#268 – (#205) APPROPRIATION TO PUBLIC SERVICES – WATER GASOLINE/DIESEL FUEL
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 an Appropriation in the amount of $25,000.00 from “Retained Earnings - Sewer” to “Public Services – Water Gasoline/Diesel Fuel”, has considered said matter and would recommend approval.
#269 – (#207) APPROPRIATION TO PUBLIC SERVICES – WATER INFRASTRUCTURE & REPAIR
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 an Appropriation in the amount of $6,000.00 from “Retained Earnings - Water” to “Public Services – Water Infrastructure & Repair”, has considered said matter and would recommend approval.
#270 – (#209) APPROPRIATION TO PUBLIC SERVICES – SEWER INFRASTRUCTURE & REPAIR
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 an Appropriation in the amount of $4,000.00 from “Retained Earnings - Sewer” to “Public Services – Sewer Infrastructure & Repair”, has considered said matter and would recommend approval.
#271 – (#208) APPROPRIATION TO PUBLIC SERVICES – WATER POLICE DETAIL
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 an Appropriation in the amount of $4,000.00 from “Retained Earnings - Water” to “Public Services – Water Police Detail”, has considered said matter and would recommend approval.
#272 – (#206) APPROPRIATION TO SOLICITOR – LEGAL EXPENSES
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 an Appropriation in the amount of $28,000.00 from “Fund Balance – Free Cash” to “Solicitor – Legal Expenses”, has considered said matter and would recommend approval.
#273 – (#96) GOVERNING ON THE IPAD
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance co-posted with Committee of the Whole to whom was referred the matter of Governing on an IPad , has considered said matter and would recommend the matter remain in Committee and form a sub-committee consisting of Councillor Turiel, Olle Duijvesteijn of Data Processing and the City Clerk Cheryl LaPointe.
#274 – (#219) CITY’S W-2 FORMS RELATIVE TO RETIRMENT BOX
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance co-posted with Committee of the Whole to whom was referred the matter of the City of Salem’s W-2 Forms regarding box 14 “Retirement” , has considered said matter and would recommend the matter remain in Committee.
#275 – REQUEST FROM MCDONALD’S FOR EXTENDED HOURS OF OPERATION
A hearing was ordered for May 10, 2012 on the request from Charles Lietz, Owner/Operator of McDonald’s, 150 Canal St., for extended hours of operation.
#276 - #278 GRANTING LICENSES
The following license applications were granted.
PUBLIC GUIDES Beth McCuish, 37 March St., Salem
Stephanie Seannell, 12 Baldwin St., Peabody
Karen Scalia, 29RR Upham St., Salem
TAXI OPERATORS Bernanrdo Tavarez, 114 Central St., Peabody
Willy Ozoria, 33 Park St., Salem
VEHICLE FOR HIRE
OPERATORS ONLY Tammy Harrington, 21 Chase St., Beverly
#279 - #281 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
CLAIM Thomas Pelletier, 15 Belleau Rd., Salem
SUBROGATED Barry Feinstein & Affiliates (for Reed Mullins), 100 Lowell St., Peabody
Barry Feinstein & Affiliates (for Reed Mullins), 100 Lowell St., Peabody
#282 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Lauren D’Avella, 5 Rockingham St., Lynn
(#215) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC HANDICAP PARKING
The matter of second and final passage to repeal an Ordinance relative to Traffic Handicap Parking Limited Time, Mall Street was then taken up. The Ordinance was adopted for second and final passage.
(223A) – SECOND PASSAGE ORDINANCE AMENDING FORTUNETELLING
The matter of second and final passage to repeal an Ordinance relative to Fourtunetelling Chapter 14 Article II, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Sosnowski the meeting adjourned at 8:30 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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