“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 12, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 5, 2012 at 5:24 P.M. This meeting is being taped and is live on S.A.T.V.
All Councillor were present.
Council President Lovely presided.
Councillor Carr 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.
A moment of silence was observed for the passing of Sam Spatafore and his wife.
Councillor O’Keefe recused himself and left the Council Chambers.
PUBLIC TESTIMONY
- Paul Lima – 1000 Loring Avenue, Salem, re: Loring Towers conditions
#199 – (#189) CONDUIT LOCATION ON BRIDGE / ASH STREET
A hearing was held on the Order of Comcast to install a conduit on Bridge / Ash Street.
Appearing in favor was Tim Broderick representative of Comcast. There was no one opposed.
The hearing was closed. On the motion of Councillor Sosnowski, the request was granted.
(#135) – APPOINTMENT OF JOHN B. HOSKINS TO THE CONSERVATION COMMISSION
Held from last meeting the Mayor’s appointment of John B. Hoskins to serve on the Conservation Commission with a term to expire January 1, 2015, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
Councillor Prevey requested and received unanimous consent for suspension of the rules to allow Mr. Hoskins to speak.
(#169) – APPOINTMENT OF JAMES KNOWLAN TO THE COMMISSION ON DISABILITIES
Held from the last meeting the Mayor’s appointment of James Nowlan to serve on the Commission on Disabilities with a term to expire on February 1, 2013, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
Councillor Siegel requested and received unanimous consent for suspension of the rules to allow Mr. Knowlan to speak.
(#170) – APPOINTMENT OF MICHAEL DUFFY TO THE ZONING BOARD OF APPEALS
Held from the last meeting the Mayor’s appointment of Michael Duffy to serve on the Zoning Board of Appeals with a term to expire on July 1, 2012, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Mr. Duffy to speak.
#200 – APPOINTMENT OF KIM EMERLING TO SERVE AS THE VETERAN’S AGENT
The Mayor’s appointment of Kim F. Emerling to serve as the City of Salem’s Veteran’s Agent with a term to expire April 1, 2015, was confirmed under suspension of the rules by a roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Mr. Emerling to speak.
Councillor Sosnowski moved that a City Seal be sent to Mr. Jean-Guy Martineau. It was so voted.
#201 – APPOINTMENTS TO THE BIKE PATH COMMITTEE
The Mayor’s appointment of the following to serve on the Bike Path Committee with their terms to expire on April 1, 2015, was held under the rules until the next meeting of April 26, 2012.
David Bowie, 15 Beach St., Salem
Dan Cooper, 7 Phelps St., Salem
Brad Sandler, 8 Barstow St., Salem
#202 – REAPPOINTMENTS TO THE PARK AND RECREATION COMMISSION
The Mayor’s reappointments of the following to serve on the Park & Recreation Commission with the following terms to expire, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
Chris Burke, 65 Broad St., Salem Term to Expire: May 1, 2017
James Shea, 45 Dearborn St., Salem Term to Expire: May 1, 2016
#203 – APPROPRIATION TO PUBLIC SERVICES – GASOLINE / DIESEL FUEL ACCOUNT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDER: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated from the “ Fund Balance Reserved for Appropriations – Free Cash” account to the “Public Services – Gasoline/Diesel Fuel” account in accordance with the recommendation of Her Honor the Mayor.
#204 – APPROPRIATION TO PUBLIC SERVICES – SEWER GAS / DIESEL FUEL ACCOUNT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDER: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is herby appropriated from the “Retained Earnings – Sewer Fund” account to the “Public Services – Sewer Gas/Diesel Fuel” account in accordance with the recommendation of Her Honor the Mayor.
#205 - APPROPRIATION TO PUBLIC SERVICES – WATER GAS / DIESEL FUEL ACCOUNT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDER: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is herby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Water Gas/Diesel Fuel” account in accordance with the recommendation of Her Honor the Mayor.
#206 – APPROPRIATION TO SOLICITOR – LEGAL EXPENSES ACCOUNT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDER: That the sum of Twenty-Eight Thousand Dollars ($28,000.00) is herby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Solicitor – Legal Expenses” account in accordance with the recommendation of Her Honor the Mayor.
#207 – APPROPRIATION TO PUBLIC SERVICES – WATER INFRASTRUCTURE REPAIR ACCOUNT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDER: That the sum of Six Thousand Dollars ($6,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Water Infrastructure Repair” account in accordance with the recommendation of Her Honor the Mayor.
#208 – APPROPRIATION TO PUBLIC SERVICES – WATER POLICE DETAIL ACCOUNT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDER: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to “Public Services – Water Police Detail” account in accordance with the recommendation of Her Honor the Mayor.
#209 – APPROPRIATION TO PUBLIC SERVICES – SEWER INFRASTRUCTURE REPAIR ACCOUNT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDER: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to “Public Services – Sewer Infrastructure Repair” account in accordance with the recommendation of Her Honor the Mayor.
#210 – ACCEPT DONATION TO POLICE DEPARTMENT SUMMER CAMP FUND
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from the Peabody Police Benevolent in the amount of One Thousand, One Hundred and Twenty-Five Dollars ($1,125.00) 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.
#211 – ACCEPT DONATION TO RECREATION DEPARTMENT DONATION FUND
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from David Doyle’s Golf Course League in the amount of One Thousand Dollars ($1,000.00) to be used for golf course purposes. These funds will be deposited into the Recreation Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#212 – AUTHORIZE SUBMISSION OF APPLICATION FOR HUD FOR CDBG FUNDS
The following Order recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative.
ORDERED: That the City Council hereby approves the submittal of the City of Salem’s Application for Federal Assistance to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of July 1, 2012 through June 30, 2013 in the amount determined by HUD’s formula entitlement allocation.
#213 – YEAR TO DATE BUDGET REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the year to date budget report dated March 31, 2012 be referred to the Committee on Administration and Finance.
#214 – MONTHLY FINANCIAL REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial report dated February 29, 2012 be referred to the Committee on Administration and Finance.
#215 – ORDINANCE TRAFFIC HANDICAP PARKING LIMITED TIME MALL STREET
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. Mall Street in front of #9, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#216 – TRAFFIC FLOW OUT OF EAST INDIA GARAGE
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss modifying the traffic flow out of the East India Garage and also as a separate issue, the traffic management on the Essex Street Mall and that the following be invited: Parking Director, Salem Police Traffic Officer, Director of the Salem Chamber of Commerce, residents that live on Essex Street between Hawthorne Boulevard and New Liberty Street, also Mr. Butler of the Trolley company.
#217 – COMPREHENSIVE DOWNTOWN PARKING PLAN
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 amending the Comprehensive Downtown Parking Plan and that the following be invited, Assistant City Planner Tom Daniels, Parking Director and City Solicitor.
#218 – CREATE AN ORDINANCE REQUIRING GAS COMPANY TO GET STREET OPENING APPROVAL FROM COUNCIL
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss creating an Ordinance to require national Grid Gas to come before the City Council for any street opening work, and that the following be invited, City Engineer and the City Solicitor.
#219 – W 2 FORMS MISSING THE WORD RETIREMENT IN BOX 14
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance co-posted with Committee of the Whole meet to discuss issues regarding the City of Salem W-2 Forms missing the word “Retirement” in box 14. Also invite Mayor, Human Resource Director and the Tax Prepares from Council on Aging.
#220 – (#190 & #192) 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.
SECOND HAND Spindle City Precious Metals, 209 Bedford St., Suite 204, Fall River, MA
VALUABLE
TAG DAYS S.H.S. LaUnion Latina Club, September 29th & 30th, 2012
#221 – (#44, #45, #74) TAXI OPERATOR HEARING
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 hearing on a denial of a taxi operator license for Rafael Espaillat has considered said matter and would recommend that his license be approved with the condition that there be no more incidents.
#222 – (#195, #196) TAXI OPERATOR HEARING
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 hearing on a denial of a taxi operator license for Samuel Reinoso has considered said matter and would recommend approval.
#223 – (#223A, #489 of 2011) ORDINANCE AMENDING FORTUNETELLING
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 amending the Fortunetelling Ordinance has considered said matter and would recommend adoption for first passage as amended.
#223a – ordinance amending fortunetelling
In the Year two thousand twelve
An Ordinance to amend an Ordinance pertaining to Fortunetelling
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Division 2. Fortunetelling, Astrology, Etc. of Chapter 14, Article II Licenses is hereby amended by
1) deleting sub-section c) within Sec. 14-72 Definitions in its entirety and replacing it with the following new sub-sections:
“c) A store under this division shall mean a business whose revenue from sales and services are predominantly from the telling of fortunes, as defined in (a) above, or the sale of metaphysical products, as defined in (d) below, relating to such service. Any new store license issued pursuant to this division after May 1, 2012 shall be to a business whose revenues are no less than 75% from the sales, services and products defined in Sec. 14-72.
(d) Metaphysical products shall mean ritual tools or materials used in the study or practice of Witchcraft, Wicca, Pagan, New Age, Occult, or other spiritual belief. Products may include crystals, anointing oils, amulets, incense, candles, Tarot Cards, herbs, ritual attire, pentagrams, DVDs and books related to spiritual study or practice.”
2) inserting the following new sentence immediately after the first sentence of sub-section b) store licenses within Sec. 14-73 Licensing board authorized to license:
“Only one (1) store license may be issued per business address or in the case of a multi-unit building, only one (1) store license may be issued per unit.”
3) deleting the first sentence in sub-section b) of Sec. 14-74 License requirements and qualifications in its entirety and replacing it with the following new first sentence:
“Individual and store licenses shall be granted only to applicants who have resided or operated a business selling metaphysical products continuously in the city for at least 12 months immediately preceding the date of the application.”
4) inserting the following new sentences at the end of sub-section a) (11) of Sec. 14-76 Application for license:
“Fair license applications must be presented to the Clerk of the Licensing Board no later than forty five days prior to the commencement of the fair. No more than 20 sub-licensee applications will be accepted per Fair.”
5) inserting the following new phrase at the end of sub-section b) of Sec. 14-76 Application for license:
“along with a $25.00 fee for each application to cover the expense of a criminal history report.”
6) deleting Sec. 14-80 Revocation of license in its entirety and replacing it with the following new section.
“Sec. 14-80. - Revocation of license.
The licensing board has the authority, after a hearing on a complaint, to suspend or revoke licenses issued under this division. Any person aggrieved by such suspension or revocation may appeal to the city council within seven business days, and a hearing will be scheduled for one of the next two regularly scheduled meetings of the city council.”
Section 2. This ordinance shall take effect as provided by city charter.
#224 – (#500 of 2011) AMENDING PUBLIC GUIDE ORDINANCE
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 amending the Public Guide Ordinance has considered said matter and would recommend that the matter remain in committee and follow up be done relative to tour buses and other unresolved issues
#225 – (#171) APPROPRIATION TO HR – UNEMPLOYMENT COMPENSATION
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 a $175,000.00 appropriation from “Fund Balance – Free Cash” to “Human Resources – Unemployment Compensation” has considered said matter and would recommend approval.
#226 – (#173) – APPROPRIATION FOR PURCHASE OF ELECTRIC VEHICLE CHARGING STATIONS AT MUNICIPAL GARAGES
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 the Committee of the Whole to whom was referred the matter of a $12,000.00 appropriation from “Capital Outlay – Equipment ” to be expended for the purchase of Electric Vehicle Charging Stations for the Municipal Garages has considered said matter and would recommend approval.
#227 – (#96) GOVERNING ON THE IPAD
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of governing on the ipad has considered said matter and would recommend that the matter remain in Committee.
#228 – REQUEST FROM PAUL LIMA REGARDING CONCERNS OVER NEGLECT AT LORING TOWERS
The request from Paul Lima to meet with Council regarding concerns over neglect of Loring Towers located at 1000 Loring Avenue, was referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole.
#229 – REQUEST FROM JEFF LANGONE TO REVISIT AND REVIEW ORDINANCE RELATIVE TO SEGWAYS
The request from Jeff Langone, owner of Witch City Segway, to revisit and review traffic ordinance relative to segways, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
#230 – REQUEST FROM B&S TO HOLD A ROAD RACE
The request from B&S to hold a road race on Sunday, June 10, 2012 and use of city streets beginning at 9:00 a.m., was referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole.
#231 – REQUEST FROM LIONS CLUB TO HOLD FIDELCO WALK
The request from Salem Lions Club to hold walk for Fidelco and use of city streets on June 10, 2012 beginning at 1:00 P.M., was granted.
#232 – REQUEST FROM B&S TO HOLD TRIATHELON
The request from B&S to hold a Triathlon and use of city streets on August 4, 2012 beginning at 8:00 a.m. was referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole.
#233 – RESOLUTION SUBMITTED BY GAVIN MCAULIFFE
A Resolution submitted to Council by Gavin McAuliffe regarding Restoring Democracy to the People, was referred to the Committee of the Whole.
#234 - #236 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Nichole Clark, 28 Howard St., Salem
Daniel Minkle, 54 Derby St., Salem
TAG DAYS S.H.S. Concert and Jazz Band, June 2, 2012
S.H.S. Girls Track, June 9, 2012
#237 - #239 LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINE Jose Baez, 29 Perkins St., Salem (1)
PUBLIC GUIDES Barbara Dempsey-West, 181 North St., Salem
Heather Allen, 42 W. Baltimore St., Lynn
Victoria McKillop, 568 Bay Rd., Hamilton
Michael Vitka, 28 Howard St., Salem
Jeffrey Foley, 128 Bridge St., Salem
John Goff, 194 Lafayette St., Salem
Kiki Kneeland, 1 Cordis St., Charlestown
Kimberly Shields, 26 Walter St., Salem
TAXI OPERATORS Dijware Sheikhou, 14 High St., Salem
Jaime Lopez, 92B Green St., Lynn
Rafael Pena, 373 Chestnut St., Lynn
Jorge Peralta, 8 Ropes St., Salem
Juan Toribio, 43 Prince St., Salem
Jose Fabian, 14 Mason St., Salem
Henry Pacheco, 105 Congress St., Salem
Miguel Castro, 32 Palmer St., Salem
Johnny Fabian, 16 Mason St., Salem
Pedro Pacheco, 72 Palmer St., Salem
#240 – DRAINLAYER / CONTRACT OPERATOR APPLICATION
The following Drainlayer/Contract Operator license application was granted.
J. Whyman Construction, 451 Broadway, Lynnfield
#241 - #243 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Law Office of Susan Talcofsky Aguiar (for Irene Landry), 980 Mass. Ave., Boston
Barry Feinstein & Affiliates (for Rita Pressley), 100 Lowell St., Peabody
Barry Feinstein & Affiliates (for Rita Pressley), 100 Lowell St., Peabody
#244 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER J. Whyman Construction, 451 Broadway, Lynnfield
(#177) SECOND PASSAGE ORDINANCE TRAFFIC, OBEDIENCE TO ISOLATED STOP SIGNS IRVING STREET
The matter of second and final passage of an Ordinance amending Traffic, Obedience to Isolated Stop Signs, Irving Street was then taken up. The Ordinance was adopted for second and final passage.
(#178) SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING OCEAN AVENUE
The matter of second and final passage of an Ordinance amending Traffic Handicap Parking Limited Time Ocean Avenue, was then taken up. The Ordinance was adopted for second and final passage.
(#179) SECOND PASSAGE ORDINANCE TRAFFIC, REPEAL HANDICAP PARKING BROADWAY
The matter of second and final passage to repeal an Ordinance relative to Traffic Handicap Parking Limited Time Broadway was then taken up. The Ordinance was adopted for second and final passage.
(#180) SECOND PASSAGE ORDINANCE TRAFFIC, UNMETERED ZONE BROADWAY
The matter of second and final passage to repeal an Ordinance relative to Traffic Unmetered Zone on Broadway westerly side was then taken up. The Ordinance was adopted for second and final passage.
(#181) SECOND PASSAGE ORDINANCE TRAFFIC, SERVICE ZONE BROADWAY
The matter of second and final passage to repeal an Ordinance relative to Traffic Service Zone on Broadway westerly side was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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