“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, September 13, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 10, 2012 at 2:43 P.M. This meeting is being taped and is live on S.A.T.V.
Councillors Prevey and Lovely were recorded as absent
Council President O’Keefe presided.
President O’Keefe requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
- Robert White – Daniels Street – Pigs Eye bench issue
- Rosemary O’Connor – 111 Mason St. – Project K-9
- Shirley Walker – 51 Lafayette St. – Project K-9
- Capt. Brian Gilligan – Police Dept. – Project K-9
- Jennifer Reardon – 35 Chestnut St. – Pig’s Eye bench
#514 – (#494) CONDUIT ON CHESTNUT STREET
A hearing was held on the Order of National Grid to install a conduit on Chestnut Street. No representative from National Grid attended. Councillor Sosnowski moved the matter be held until the next meeting of September 27, 2012.
It was so voted.
#514A – APPOINTMENT OF BARBARA SWARTZ TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Barbara Swartz to serve as a member of the Beautification Committee for a term to expire September 1, 2015, was held under the rules until the next meeting.
#514B – APPOINTMENT OF GREGORY ST. LOUIS TO THE CONSERVATION COMMISSION
The Mayor’s appointment of Gregory St. Louis to serve as a member of the Conservation Commission with at term to expire September 1, 2015, was held under the rules until the next meeting.
#514C – REAPPOINTMENT CONSTABLES
The Mayor’s reappointment of the following Constables was received and placed on file.
Pasquale DeFeo Jr., 84 Trevalley Rd., Revere Term to Expire: September 8, 2015
Edward Westhaver, 18 Albion Ave., Stoneham Term to Expire: August 8, 2015
#515 – APPROPRIATION TO “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 Three Thousand Nine Hundred and One Dollar and Ninety Cents ($103,901.90) is hereby appropriated in the “Retirement Stabilization Fund Vacation/Sick Leave Buyback” account to be expended for the retirement buyback as listed below in accordance with the recommendation of Her Honor the Mayor.
Julie McNaught City Clerks Dept. $16,935.50
Christine Fernandes School Dept. $28,741.60
Richard Stafford School Dept. $29,772.00
Susan P. Brown School Dept. $28,452.80
#516 – APPROPRIATION TO “PARK & RECREATION – GOLF COURSE”
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-Five Thousand Dollars ($35,000.00) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the “Park & Recreation – Golf Course Renovations & Repairs” account in accordance with the recommendation of Her Honor the Mayor.
#517 – APPROPRIATION TO “CEMETRY - EQUIPMENT”
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Eleven Thousand Three Hundred and Four Dollars and Sixty Cents ($11,304.60) from the “Receipts Reserved – Sale of Lots” account to the “Cemetery – Equipment” account for the purchase of a John Deere Gator for the Cemetery Department in accordance with the recommendation of Her Honor the Mayor.
#518 – APPROPRIATION TO “CEMETERY – BURIAL”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Six Thousand Six Hundred and Sixty Dollars ($6,660.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to “Cemetery – Burial” account for the purchase of burial boxes for the Cemetery Department in accordance with the recommendation of Her Honor the Mayor.
#519 – DONATION OF K-9 DOGS AND EQUIPMENT FOR THE POLICE DEPARTMENT
The following Order recommended by the Mayor was adopted.
ORDERED: To accept a donation of K-9 Dogs and equipment from Salem Project K-9 and Massachusetts Vest-A-Dog with an estimated worth of Forty-four Thousand Five Hundred Dollars ($44,500.00). These items will be donated directly to the Police Department in accordance with the recommendation of Her Honor the Mayor.
#520 - DONATION TO POLICE DEPARTMENT DARE PROGRAM
The following Order recommended by the Mayor was adopted.
ORDERED: To accept a donation from the Town of Danvers 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.
#521 – RESOLUTION TO ADOPT SALEM HAZARD MITIGATION PLAN
The following Resolution recommended by the Mayor was adopted.
RESOLUTION:
WHEREAS: The City of Salem, MA established a Committee to prepare the Hazard Mitigation Plan; and
WHEREAS: The Salem Hazard Mitigation Plan contains several potential future projects to mitigate potential impacts from natural hazards in the City of Salem; and
WHEREAS: a duly-notified public meeting was held by the Salem City Council on September 13, 2012; and
WHEREAS: the City of Salem authorizes responsible departments and/or agencies to execute their responsibilities demonstrated in the plan;
NOW, THEREFOR BE IT RESOLVED that the Salem City Council adopts to Hazard Mitigation Plan in accordance with Massachusetts General Laws Chapter 40 Section 4 or the Charter and bylaws of the City of Salem.
(the Salem Hazard Mitigation Plan for 2012 can be viewed in the City Clerks Office during normal working hours)
#522 – EXTENDED HOURS FOR THE BUSINESS PARANORMAL SALEM TOURS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss granting a variance in hours of operation for the tour business called Paranormal Salem. And that the City Solicitor be invited.
#523 – ORDINANCE TRAFFIC, HANDICAP PARKING, BUTLER 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 Zone, Limited Time
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Butler Street in front of #69 for a distance of twenty (20) feet, “Handicap Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#524 – ORDINANCE TRAFFIC, HEAVY COMMERCIAL VEHICLES PROHIBITED, SCHOOL 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 45, Heavey Commercial Vehicles Prohibited on Certain Streets
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. School Street from North Street to Tremont Street, “Heavy Commercial Vehicles Prohibited”
Section 2. This Ordinance shall take effect as provided by City Charter.
#525 - ORDINANCE TRAFFIC, HANDICAP PARKING, BALCOMB 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 Zone, Limited Time
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Balcomb Street in front of #13 for a distance of twenty (20) feet, “Handicap Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#526 – ORDINANCE TRAFFIC, HANDICAP PARKING, MT. VERNON 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, Limited Time
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Mt. Vernon Street even side starting at a point of twenty (20) feet from Winthrop Street and extending for twenty (20) feet, “Handicap Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#527 – TAG DAY APPLICATION FOR SALEM ACADEMY CHARTER SCHOOL
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Tag Day Application for Salem Academy Charter School For September 14, 21, 28 and October 5, 2012 be granted.
#528 – ORDINANCE TRAFFIC, REPEAL PARKING TIME LIMITED MONTHLY ZONES FOR CONGRESS, DODGE, GEDNEY, HOLYOKE SQ AND NORMAN STREETS
Councillor McCarthy introduced the following Ordinance, adopted for first passage and referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57c, Parking Time Limited, Monthly Zones
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal the following streets from Section 57C, Congress Street, Dodge Street, Gedney Street, Holyoke Square and Norman Street.
Section 2. This Ordinance shall take effect as provided by City Charter.
#529 – SETTLEMENT ORDER BY THE MASS. ATTORNEY GENERAL’S OFFICE RELATIVE TO SCHOOL DEPARTMENT VIOLATION
Councillor Siegel 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 the recent settlement order by the Massachusetts Attorney General’s Office relative to the School Departments violation of procurement and bidding laws. Invited Mayor, School Superintendent, Finance Director, Director of School Grounds and Buildings, City Solicitor and the former School Business Manager Timothy Sheehan.
#530 – IMPACT OF SMART GROWTH INITIATIVES AND METRO FUTURE PROGRAMS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development co-posted with Committee of the Whole meet to discuss the impact of the Smart Growth Initiatives and the Metro Future Programs and that the following be invited: representatives from the Planning Department, Historic Salem Inc., a representative of MAPC (Metropolitan Area Planning Council), Mayor’s office and Purchasing Department.
#531 – TRIAL PERIOD PARKING TIME LIMITED ON BRIDGE STREET
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: Bridge Street easterly side, from Pierce Avenue in a northerly direction along the property line of #15 Bridge Street, “Two Hour Parking, 11:00 AM to 12:00 AM” for a trial period of up to 60 days
#532 – ORDINANCE TRAFFIC, RESIDENT STICKER PARKING, BOTTS COURT
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 75, Parking Prohibited Towing Zone, Resident Sticker
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Botts Court – Zoned D – Color Yellow, both sides in it’s entirety, “Resident Sticker Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#533– ORDINANCE TRAFFIC, REPEAL SEC. 51 & 75 CHESTNUT 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 51B, “Parking Prohibited at Certain Times on Certain Streets” and Section 75, Parking Prohibited Towing Zone, Resident Sticker
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Section 51B, Chestnut Street southerly side from Cambridge Street in an easterly direction for a distance of fifty (50) feet. One Hour Parking 8:00 AM to 6:00 PM Monday through Friday (8/19/64)
Section 2. Repeal Section 51B, Chestnut Street southerly side, in a westerly direction, from Summer Street for a distance of sixty (60) feet. One Hour Parking from 8:00 AM to 6:00 PM Monday through Friday (4/23/81)
Section 3. Repeal Section 75, Chestnut Street Zone D, Color Yellow, Resident Sticker Parking Tow Zone, eastbound on both sides Northerly and Southerly from Cambridge Street to Summer Street. (4/14/2005)
Section 4. Repeal Section 75, Chestnut Street Zone D, Color Yellow, from Flint Street to Summer Street, limit to 2 hours by non-residents. (11/10/86)
Section 5. This Ordinance shall take effect as provided by City Charter.
#534 – ORDINANCE TRAFFIC, RESIDENT STICKER PARKING, CHESTNUT STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. Councillor O’Keefe recorded as opposed.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 75, Parking Prohibited Towing Zone, Resident Sticker
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chestnut Street Zone D, Color Yellow, resident sticker parking both sides in its entirety, limited to two (2) hours for non-residents.
Section 2. This Ordinance shall take effect as provided by City Charter.
#535 – ABANDONED SHOPPING CARTS
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss creating an Ordinance regarding abandoned shopping carts.
#536 – METERED SPACES ON LAFAYETTE STREET
Councillor Turiel introduced the following Order, which was adopted.
ORDERED: That the metered spaces on Lafayette Street between New Derby and Harbor Street that are currently se to “4 hour parking” be changed to “1 hour parking”. This will apply to spaces on the southbound side of the street. Refer to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
#537 – (#234) GRANTING CERTAIN 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 following license be granted
PUBLIC GUIDE Nichole Clarke, 28 Howard St., Salem
#538 – RESIDENT STICKER PARKING
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the 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 Resident Sticker Parking has considered said matter and would recommend that the subcommittee meet to discuss the details of suggested changes to the resident sticker parking program.
#539 – PARKING LOT – RECOMMENDED CHANGES FOR PARKING REQUIRMENTS & COMPREHENSIVE PARKING PLAN
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the 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 recommendations made relative to the “Parking Lot”, City Ordinance for Parking requirements and the Comprehensive Parking Plan, has considered said matter and would recommend to re-establish the sub-committee to address parking problems in the downtown.
#540 - COMMUNICATIONS FROM LT. PRECZEWSKI OF SALEM POLICE DEPT.
A communication from Lt. Robert Preczewski of the Salem Police Department, requesting to meet with City Council regarding the current parking situation on Howard Street, was referred to the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole.
#541- PETITION FROM NATIONAL GRID FOR CONDUIT ON CHARTER STREET
Petition from National Grid to install conduits on Charter Street, hearing ordered for September 27, 2012.
#542 – APPLICATION FROM FIESTA SHOWS FOR CARNIVAL
An application for Carnival by Fiesta Shows for October 12, 2012 through October 31, 2012, was granted.
#543 – REQUEST FROM B&S TO HOLD ROAD RACE
A request from B&S Fitness to hold road race on October 6, 2012 and use of city streets, was granted.
#544 – REQUEST FOR ROAD RACE FROM PARK & REC/BOYS & GIRLS CLUB
A request from Park & Rec./Boys & Girls Club to hold road race and November 22, 2012 and use of city streets, was granted.
#545 – REQUEST FROM NORTH SHORE MEDICAL CENTER TO HOLD A WALK & ROAD RACE
A request from North Shore Medical Center to hold their annual Cancer Walk and Road Race on June 23, 2013 and use of city streets, was granted.
#546 – REQUEST FROM OWNERS OF IN A PIG’S EYE TO MEET WITH COUNCIL
A request from Jennifer Reardon, owner of In A Pig’s Eye, to meet with Council to discuss bench on Daniels St., was referred to the Committee on Ordinances, Licenses and Legal Affairs and that the Solicitor be invited.
#547 – HEARING REQUEST FROM GARRISON BOND
A hearing request from Garrison Bond on the denial of his public guide license, was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.
#548 – #552 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES Kate Raftery, 12 Mall St., Salem
Katelyn Beaudoin, 74 South Main St., Milbury
Jennifer Monroe, 23 Nursery St., Salem
Brian Keady, 655 Western Ave., Lynn
Logadia Hennigar, 58 Washington St., Peabody
Kendall Straley, 1 Courageous Court, Salem
Laura Plona, 10 Church St., Woburn
Victoria Hill, 8 Powdermill Rd., Haverhill
Nicholas Falasca, 89 Greenbrook Rd. S. Hamilton
Sarah Michaud, 12 Clark St., Swampscott
Ellen O’Shea, 20 Cardinal Dr., Dudley
Elizabeth Bogiages, 108 Water St., Danvers
SEAWORMS Timothy Lynch, 28 Anawan Ave., Saugus
Paul Lynch, 28 Anawan Ave.,Saugus
SECOND HAND VALUABLE R.A. DiFillipo Antiques, 55 Lafayette St., Salem
TAG DAYS Salem Youth Basketball, November 17 & 18, 2012
S.H.S. Marching Band, December 1, 2012
#553 - #554 LICENSE APPLICATIONS
The following license applications were granted.
TAXI CABS Salem Taxi, 27 Congress St., Salem (4)
North Shore Taxi Inc., 27 Walnut St. Peabody (2)
Witch City Taxi, 142 Canal St., Salem (3)
TAXI OPERATORS Laura Nardella, 112 Bridge St., Salem
Molly Robbins, 81 Cornell Rd., Marblehead
Victor Lora, 105 Congress St., Salem
Ruth Abod, 17 Goldberb Rd., Peabody
Marcos Hierro, 14 Collins St., Peabody
Thomas Rodriguez, 234 Princeton St. Boston
LouAnn Souza, 25 Vets Memorial Dr., Peabody
Alex Perez, 67 Story Ave., Beverly
Robinson Gutierrez, 19 Ward St., Salem
#555 - #556 LICENSE APPLICATIONS
The following license applications were denied.
TAXI OPERATOR Dawn Alix, 92 Congress St., Salem
VEHICLE FOR HIRE Rico Sutton, 300 Andover St., Peabody
OPERATORS ONLY
#557 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer/Contract Operator license application was granted.
R. Dilisio Co. Inc., 113 Fayette St., Lynn
#558 - #565 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Anita Dynarski, 39 Union St., Salem
Rebecca Vitale, 102 Bay View Ave., Salem
Amina Breus, 3 Magnolia Way, Peabody
Mary Jane Taglieri, 59 Hathorne St., Salem
David Ortmann, 5858 Vaughn Dr. East, Alabama
Julianne McKernan, 160 Bridge St., Salem
Robert Camire, 160 Bridge St., Salem
Lisa Arnorld, PO Box 110, Lincoln.MA
#566 - #567 BONDS
The following Bonds were referred to Committee on Ordinances, Licenses and Legal Affairs & return approved.
SIGN 10 Perfect Nails, 33 New Derby St., Salem
The Magic Parlor, 213 Essex St., Salem
(#479) SECOND PASSAGE ORDINANCE AMENDING TRAFFIC
The matter of second and final passage of an Ordinance amending Traffic Repeal Handicap Parking Hathorne Street in front of #80-82 was then taken up. The Ordinance was adopted for second and final passage.
(#480) SECOND PASSAGE ORDINANCE AMENDING TRAFFIC
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Beach Avenue in front of #23 was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor McCarthy the meeting adjourned at 9:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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