“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, June 14, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on June 5, 2012 at 11:13 A.M. This meeting is being taped and is live on S.A.T.V.
Councillor O’Keefe was recorded as absent.
Council President Lovely presided.
Councillor Sargent 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
- Patricia McCloud – withdrew
2. Richard Hudson – 133 Proctor St., Salem – Taxi Ordinance
(#322) – APPOINTMENT OF BARBARA SIROIS TO THE BEAUTIFICATION COMMITTEE
Held from the last meeting the Mayor’s appointment of Barbara Sirois to serve on the Beautification Committee with a term to expire on June 1, 2015, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillor O’Keefe was recorded as absent.
Councillor Turiel requested and received unanimous consent for suspension of the rules to allow Ms. Sirois to speak.
(#323) – APPOINTMENT OF ANTHONY C. O’DONNELL TO THE CEMETERY COMMISSION
Held from the last meeting the Mayor’s appt. of Anthony C. O’Donnell to serve on the Cemetery Commission with a term to expire on February 1, 2013, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillor O’Keefe was recorded as absent.
Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Mr. O’Donnell to speak.
#366 – APPROPRIATION TO CAPITAL OUTLAY ACCOUNTS FOR VARIOUS REPAIRS
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERD: That the sum of Two Hundred and Fifty-Four Thousand Dollars ($340,000.00) is hereby appropriated to the Capital Outlay Accounts Listed below to be expended for reasons listed below in accordance with the recommendation of Her Honor the Mayor.
Equipment Information Tech Replace 12 switches $30,000.00
Renovation & Repair Parking Parking lot Maintenance 50,000.00
Renovation & Repair Police HVAC DDC Controls Rep 55,000.00
Renovation & Repair Public Services Motor pool loft repairs 40,000.00
Equipment Public Services Wood Chipper 40,000.00
Renovation & Repair Recreation Mack Park Roof Repairs 30,000.00
Renovation & Repair Recreation Playground updates 40,000.00
Equipment Recreation Infield Lawn Mower 30,000.00
Renovation & Repair Electrical Maint. & Repair streetlights 25,000.00
Total $340,000.00
#367 – APPROPRIATION TO ACQUIRE 4.86 ACRES OF THE FORMER CHADWICK LEAD MILLS SITE
The following Order recommended by the Mayor was, referred to the Committee on Administration and Finance under the rules.
ORDERED: Whereas, Essex County Greenbelt, non-profit land trust, is working with the Town of Marblehead and the City of Salem to acquire to former Chadwick Lead Mills (Lead Mills) site, a site containing approximately 4.86 total acres, to be maintained by the Town and City as passive recreation area;
Whereas, Essex County Greenbelt has secured funding to reimburse the City of Salem for its portion of the acquisition cost, $100,000.00, for the approximate 1.39 acre portion of the Lead Mills site located in Salem;
Whereas, the Town of Marblehead shall conduct a town-wide referendum on June 21, 2012 to determine whether to appropriate $1,500,000 for the purchase of the portion of the Lead Mills site located within Marblehead, approximately 3.47 acres; and
Whereas, the Town of Marblehead and the City of Salem are submitting a joint Parkland Acquisitions and Renovations for Communities (PARC) Grant application in the amount of $400,000 to the Commonwealth’s Division of Conservation Services for reimburse of the Town of Marblehead’s acquisition of the Lead Mills parcel in its Town.
It is now hereby Ordered that the sum of ONE HUNDRED THOUSAND DOLLARS and NO/100’s ($100,000.00) be appropriated for the purpose of purchasing for passive park purposes, by negotiated purchase, a certain property known as the “Lead Mills” and which is located on the City of Salem Assessor’s Map Lot 237, (1.39 acres +/-) and which is located at 485 Lafayette Street and which is currently owned by Glover Estates LLC and 41A Arthur Avenue Realty Trust; the acquisition of said land having been determined to be necessary for the health and welfare of the inhabitants of Salem. Fund so appropriated shall be disbursed only following a written agreement, approved in a form acceptable by the City Solicitor, that a gift of funds reimbursing the City $100,000.00 for the acquisition has been executed between the
City and Essex County Greenbelt;
Said land shall be conveyed to the City of Salem under the provisions of Massachusetts General Laws, Chapter 45, Section 3 and as it may hereafter be amended and other Massachusetts statutes relating to recreation to be managed and controlled by the Park and Recreation Commission of the City of Salem,
The Mayor is hereby authorized to file on behalf of the City of Salem any and all applications deemed necessary for grants and / or reimbursements from the Commonwealth of Massachusetts deemed necessary under the Urban Self-Help Act (301 CMR 5.00) and/or any others in any way connected with the scope of this Order;
And further the Mayor is hereby authorized to enter into all agreements and execute any and all instruments as may be necessary on behalf of the City of Salem to affect said purchase.
Appropriation of $100,000.00 to acquire 4.86 acres of former Chadwick Lead Mills site and authorize the Mayor of file applications for grants/and or reimbursements and authorize the Mayor to enter into all agreements and execute any and all instruments necessary on behalf of the City of Salem.
#368 – APPROPRIATION FROM CAPITAL OUTLAY – EQUIPMENT FOR REPAIR OF SALEM WITCH TRIAL MEMORIAL
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated within the “Capital Outlay – Equipment” account to be expended for repair of Salem Witch Trial Memorial by the Salem Award Foundation with the recommendation of Her Honor the Mayor.
#369 – APPROPRIATION FOR RETIREMENT OF DONNA GRIGGS
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Six Thousand, Two Hundred and Twenty-Three Dollars and Seventy-Four cents ($6,223.74) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for the individual in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.
Donna Griggs Engineering $6,223.74
#370 – APPROPRIATION FROM CAPITAL OUTLAY – EQUIPMENT FOR REPAIR OF DAMAGED WATER LINE IN THE SOUTH HARBOR GARAGE
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand Three Hundred and Sixty-Eight Dollars ($2,368.00) is hereby appropriated within the “Capital Outlay – Equipment” account to be expended for the repair of damaged water line in the South Harbor Garage in accordance with the recommendation of Her Honor the Mayor.
#371 – TRANSFER TO HUMAN RESOURCES – WORKERS COMP. MEDICAL
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby transferred from the “Human Resources Unemployment” account to the “Human Resources – Workers Compensation Medical” account in accordance with the recommendation of Her Honor the Mayor.
#372 – DONATION FROM CITY OF LYNN AND TACHE REAL ESTATE INC.
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donations listed below in the amount of Four Thousand Dollars ($4,000.00). These fund will be deposited into the Salem Police Department Summer Camp Fund as listed in accordance with the recommendation of Her Honor the Mayor.
City of Lynn Summer Camp $3,000.00
Tache Real Estate Inc. Summer Camp $1,000.00
#373 – DONATION FROM SALEM FIVE SAVINGS BANK
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Salem Five Savings Bank in the amount of Two Thousand Dollars ($2,000.00) 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.
#374 – YEAR TO DATE BUDGET REPORT DATED MAY 31, 2012
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the year to date Budget Report dated May 31, 2012 be referred to the Committee on Administration and Finance.
#375 – MONTHLY FINANCIAL REPORT DATED APRIL 30, 2012
Councillor McCarthy introduced the following Order, which was adopted.
ORDER: That the monthly Financial Report dated April 30, 2012 be referred to the Committee on Administration and Finance.
#376 – ORDINANCE AMENDING TRAFFIC TOWING ZONE, CONGRESS STREET
Councillor McCarthy introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend and Ordinance relative to Traffic, Chapter 42, Section 74, Towing Zones
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Congress Street, easterly side starting at the driveway of number 23 and extending to Wharf Street, “No Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#377 – RESOLUTION FOR MICHAEL P. COLEMAN
Councillor Sosnowski introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Michael P. Coleman was the President of the Salem Common Neighborhood Association for 12 years and in that time he displayed untiring and dedicated service; and
WHEREAS: Michael was instrumental in the restoration of the Roger Conant Monument which we now enjoy for many years to come; and
WHEREAS: His efforts also included a wide variety of projects such as the Salem Common fence assessment, the restoration of the Tot Lot on the Salem Common are to name a few; and
WHEREAS: He was instrumental at assisting in the creation of City Ordinances to protect the Salem Common and it’s historical significance for future generations; and
WHEREAS: Due to his enthusiasm and involvement, Salem owes Michael P. Coleman a debt of gratitude for his achievements, he is a loyal Son of Salem.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council on behalf of it’s citizens thank Michael P. Coleman for his many contributions and we hold him in the highest regard. And we publicly go on record as commending Michael for his outstanding efforts and his leadership in all areas of community improvement.
AND BE IT FURTHER RESOLVED: that this resolution be made a matter of record of these proceedings and a suitable copy along with a City Seal be presented to Michael Coleman on behalf of the Salem City Council as a token of our deepest appreciation and admiration.
#378 – REGULAR MEETINGS OF THE CITY COUNCIL FOR JULY AND AUGUST
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the regular meeting of the City Council for the months of July and August be combined and held on Thursday, July 19, 2012.
#379 – INDEPENDENT LEGAL COUNCIL FOR OPINION ON ZONING
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That independent legal council review and provide a legal opinion on the PUD in the BPD. Specifically 7.3.3 of the City of Salem Zoning Ordinance, Number 3 – In the Business Park Development (BPD) district, residential uses and associated improvements, such as parking and landscaping, cannot exceed 40% of the land area of the parcel(s); or in the case of mixed use buildings, residential uses cannot exceed 50% of the gross square footage of the proposed development. Refer to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
#380 – REPEALING A ZONING ORDINANCE RELATIVE TO BUSINESS PARK DEVELOPMENT (BPD)
Councillor Siegel introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole meet to discuss repealing a Zoning Ordinance relative to Article VII, Section 7-15 Planned Unit Development “BPD, Business Park Development District”.
#381 – (#355) 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 the granting certain licenses, has considered said matter and would recommend that the Tag Day application for Salem Legion Baseball, July 21, 2012 & July 22, 2012 be granted.
#382 – (#468 of 2010, #275 of 2011) CRITERIA FOR HOME RULE PETITIONS – ADDITIONAL LIQUOR LICENSES
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 the Committee of the Whole to whom was referred the matter of the adopting criteria for Home Rule Petitions – Additional Liquor Licenses, adopting criteria and reviewing rules for granting and transferring Seasonal Liquor Licenses, and temporary moratorium on issuance of seasonal liquor licenses has considered said matter and would recommend establishing a sub-committee to finalize criteria for home rule petitions and seasonal liquor licenses
#383 – (#318 & #319) HEARING REQUEST FOR RICHARD COLE
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 for Richard Cole on the denial of his taxi operator license and has considered said matter and would recommend that his license be granted.
#384 – (#317 & #362) HEARING REQUEST FOR PETER WHITE
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 for Peter White on the denial of his public guide has considered said matter and would recommend that his license be granted.
#385 – (#327, #290) BUDGET ANALYST SERVICES
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 Budget Analyst Services has considered said matter and would recommend that the matter remain in Committee.
#386 – (#308) LEASING OF CITY OWNED PROPERTY
Councillor Ryan offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of the petition submitted from Arthur King regarding the leasing of City Owned Land has considered the matter and would recommend that the matter remain in Committee.
#387 – (#337) CREATING AN ORDINANCE FOR LIMITS ON DENSITY VARIANCES
Councillor Ryan offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of creating an Ordinance for limits on density variances has considered the matter and would recommend that the matter remain in Committee.
#388 – BLOCK PARTY
A request from residents of Lincoln and Monroe Streets (Pickman Park) to hold a block party on July 3, 2012 from 5:30 P.M. to 9:30 P.M. was granted.
#389 – BLOCK PARTY
A request from residents of Shore Avenue to hold a block party on July 4, 2012 from Noon to 10:00 P.M. was granted.
#390 – BLOCK PARTY
A request from residents of Hemenway Road to hold a block party on July 4, 2012 from 9:00 A.M. to 8:00 P.M. with a rain date of July 7, 2012, was granted.
#391 – BLOCK PARTY
A request of residents of Beaver Street to hold a block party on July 7, 2012 from 2:00 P.M. to 10:00 P.M. with a rain date of July 14, 2012, was granted.
#392 – BLOCK PARTY
A request from residents of Moffatt Road to hold a block party on July 14, 2012 from 9:00 A.M. to 9:00 P.M. with a rain date of July 15, 2012, was granted.
#393 – ROAD RACE
A request from Parents United of Salem to hold a road race and use of city streets on December 9, 2012, was granted.
#394 – BIKE RUN THROUGH SALEM
A communications form Cycle for Life for a bike run through Salem on September 8, 2012, was granted.
#395 – POLE LOCATIONS
A hearing was ordered on the petition from Extenet Systems for pole locations on Ward, Lafayette and Congress Streets.
#396 – EXTENDED HOURS OF OPERATION FOR AL PRIME CONSULTANTS
A hearing was ordered on the petition from Attorney George Atkins for AL Prime Consultants for extended hours of operation.
#397 – INCREASE OF INFLAMMABLE LICENSE
A hearing was ordered on the application for increase of Inflammable License for a total of 40,000 gallons at 175 Lafayette Street.
#398 – PUBLIC GUIDE LICENSE APPLICATION
The following license applications, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Nicole Hanscom, 5 Osborne St., Salem
#399 – #401 LICENSE APPLICATIONS
The following license applications were granted.:
TAXI OPERATOR Milciades Pichardo, 16 Hersey St., Salem
VEHICLE FOR HIRE Salem Trolley, 8 Central St., Salem (6 Trolleys)
VEHICLE FOR HIRE
OPERATOR ONLY Benjamin Kelley, 412 Cabot St., Beverly
#402 – HEARING REQUEST
A hearing request from Thomas Vallor on the denial of his Public Guide License was referred to Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.
#403 – CLAIM
The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs
Louis Arak, 12 Abell Ave., Ipswich
(#287) – SECOND PASSAGE OF A BOND ORDER IN THE AMOUNT OF $1,790,000.00
The matter of second and final passage of a Bond Order for the sum of $1,790,000.00 for Capital Equipment and Improvement Projects in accordance with M.G.L. Chapter 44, Sections 7(3A) and 7(9), was taken up. The Bond Order was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent.
Councillor Carr, Furey, O’Keefe, McCarthy, Prevey, Ryan, Sargent, Siegel, Sosnowski, Turiel and Lovely were recorded as voting in the affirmative. Councillor O’Keefe was recorded as absent.
(#343A) – SECOND PASSAGE ORDINANCE AMENDING VEHICLE FOR HIRE, TAXI CABS, LIVERIES AND LIMOS
The matter of second and final passage of an Ordinance amending Chapter 44, Sections 31 – 44 Vehicle for Hire, Taxi Cabs, Liveries and Limousines effective July 1, 2012, was taken up. The Ordinance was adopted for second and final passage.
(#344A) – SECOND PASSAGE ORDINANCE AMENDING FEE STRUCTURE FOR TAXI’S
The matter of second and final passage of an Ordinance amending Chapter 14, Sections 14 – 38, Business Licenses and Fees for Taxi Cabs, was taken up. The Ordinance was adopted for second and final passage.
(#335) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 74 add Resident Sticker Parking to list of towing offenses, was taken up. The Ordinance was adopted for second and final passage.
(#334) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, QUIET ZONES
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 8 Zones of Quiet in front of #356 Essex Street, was taken up. The Ordinance was adopted for second and final passage.
(#342A) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, PARKING METER ZONES ESTABLISHED
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 56 Parking Meter Zones Established Repeal Gedney Street, Hawthorne Blvd. and Margin Street, was taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Turiel the meeting adjourned at 8:07 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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