“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,
November 15, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 8, 2012 at 6:31 P.M. This meeting is being taped and is live on S.A.T.V.
Councillor Prevey was recorded as absent.
Council President Lovely presided.
Councillor Furey 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
There was no public testimony.
#647 – CONDUIT ON CHURCH ST. / EAST INDIA SQUARE
A hearing was held on the Order of Comcast for a conduit on Church Street / East India Square. Appearing in favor was Tim Broderick representative of Comcast. There was no one recorded as opposed. The Hearing was closed. On the motion of Councillor Sosnowski the request was granted.
#648 – APPOINTEMENT OF KAREN PARTANEN AS PARK, RECREATION & COMMUNITY SERVICES DIRECTOR
The Mayor’s appointment of Karen Partanen to serve as the Park, Recreation & Community Services Director with a term to expire on February 1, 2014, was confirmed by roll call vote of 9 yeas, 1 nays, 1 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Ryan, Sargent, Siegel, Turiel and Lovely were recorded as voting in the affirmative. Councillor Sosnowski was recorded as voting in the negative. Councillor Siegel was recorded as absent.
Councillor McCarthy requested and received unanimous consent for suspension of the rules to allow Ms. Partanen to speak.
#649 – REAPPOINTMENTS TO THE ZONING BOARD OF APPEALS
The Mayor’s reappointment of Annie Harris and Richard Dionne to serve on the Zoning Board of Appeals with terms to expire on June 1, 2014. Councillor Sosnowski moved to refer the matter to the Committee of the Whole, seconded by Councilor Ryan. Councillor Sosnowski withdrew his motion. The appointments were confirmed by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Carr, Furey, O’Keefe, McCarthy, Ryan, Sargent, Turiel and Lovely were recorded as voting in the affirmative. Councillors Sosnowski and Siegel were recorded as voting in the negative. Councillor Prevey was recorded as absent.
#650 – APPROPRIATION FOR INSTALLATION OF TRAFFIC SIGNALS
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty –Seven Thousand Nine Hundred and Twenty Dollars ($27,920.00) is hereby appropriated from “Capital Outlay – renovations and repairs” account to be expended for the installation of traffic signals at Lafayette St. / Ocean Ave. and Lafayette St. / Holly St. by the Electrical Department in accordance with the recommendation of Her Honor the Mayor.
#651 – TRANSFER TO PARK & RECREATION – RENOVATIONS & REPAIRS
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Three Thousand Four Hundred and Fifteen Dollars ($3,415.00) is hereby appropriated from “Receipts Reserved – Salem Common” account to the “Park & Recreation – Renovations & Repairs” account in accordance with the recommendation of Her Honor the Mayor.
#652 – ACCEPT DONATION FOR K-9 PROGRAM FROM TARGET
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Target in the amount of One Thousand Dollars ($1,000.00) to support the Salem K-9 Program. These funds will be deposited into the Police Department K-9 Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#653 – ESTABLIS A WORKING GROUP FOR COMMUNITY PRESERVATION ACT IN SALEM
Received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor, was referred to the Committee of the Whole.
ORDERED: There is hereby established a working group to review the various Community Preservation Committee and Ordinance models and make a recommendation to the Mayor and City Council as to how best to proceed with implementation of the Community Preservation Act in Salem. The working group shall include a representative from the Mayor’s office, along with three representatives from the City Council, and three representatives from Salem Community Preservation Alliance and shall work with the City Solicitor on the preparation of proposed language.
#654 – UNPAID PARKING FINE AMNESTY PROGRAM (PEAS FOR FEES)
Received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor, was adopted.
ORDERED: Upon payment of an unpaid parking fine and the donation of two non-perishable items or canned goods to be donated to local food pantries, the City Collector shall waive, from December 1, 2012 to December 24, 2012 up to thirty dollars in late fees added to an unpaid parking fine, as provided in Section 17A of the City of Salem Traffic Code. The Collector shall not waive any surcharge imposed by the Massachusetts Registry of Motor Vehicles if the Collector has notified the Registry of Motor Vehicles of an unpaid fine and a non-renewal of licenses and/or registration has be recorded by the Registry of Motor Vehicles.
#655 – TRAFFIC ORDINANCE, HANDICAP PARKING JEFFERSON AVENUE
Councillor Turiel 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
Zones, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Jefferson Avenue, in front of #399, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#656 – RESTORATION OF THE MCINTIRE ARCH ON THE SALEM COMMON
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 restoration of the McIntire Arch on the Salem Common and that the following be invited, representative of the Park and Recreation Commission, Planning Department, Building Inspector, Historical Commission, representative of the Salem Common Neighborhood Commission and a representative of the Salem Veterans Council.
#657 – MOVING FUNDS FROM HOTEL/MEALS TAX REVENUE TO OFFSET CPA APPLIED TO RESIDENTS
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance co-posted with the Committee of the Whole meet to discuss moving funds from the Hotel/Meals Tax revenue to offset the Community Preservation Surcharge applied to residents. Also invited a representative from the Mayor’s office and Finance Department.
Councillor O’Keefe assumed the Chair.
#658 – CITY COUNCIL MEETING FOR DECEMBER BE CHANGED
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the City Council meeting for the month of December be changed from the 13th of December to the 6th of December 2012.
Councillor Lovely resumed the Chair.
#659 – (#635 – #637) 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 approval.
TAG DAYS S.H.S. Swim Team, November 23, 2012
S.H.S. Basketball Cheering, Nov. 24, 2012 & Dec. 22, 2012
S.H.S. Class of 2012, December 2, 2012
#660 – (#586) REQUEST TO CONSTRUCT AN ERUV
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 request from Chabad of the North Shore to construct an Eruv, has considered said matter and would recommend that the matter remain in Committee until Verizon and National Grid issue a license agreement.
#661 – (#621) APPROPRIATION TO VARIOUS FUNDS, STABILIZATI9N, CIP & OPEB
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 $1,262,912 Appropriation from Free Cash to the Stabilization, CIP and OPEB Funds, has considered said matter and would recommend approval.
#662 – (#23) REDUCTION OF THE NUMBER MEMBERS TO THE BOARD OF HEALTH
Councillor Siegel offered the following report for the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole It was voted to accept the report and adopt the recommendation. The matter failed by a roll call vote of 3 yeas, 7 nays, 1 absent.
The Committee on Public Health, Safety and Environment co-posted with Committee of the Whole to whom was referred the matter of reducing the number of the Board of Health members from seven to five, has considered said matter and would recommend approval.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#663 – (#93) HOME RULE PETITION RELATIVE TO THE COMPOSITION OF THE BOARD OF HEALTH
Councillor Siegel offered the following report for the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole It was voted to accept the report and adopt the recommendation. Council voted opposed the matter did not carry.
The Committee on Public Health, Safety and Environment co-posted with Committee of the Whole to whom was referred the matter of adopting a Home Rule Petition – An Act relative to the composition of the Board of Health from seven members to five, has considered said matter and would recommend approval.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#664 – (#22) CHANGING JOB TITLE FROM HEALTH AGENT TO HEALTH DIRECTOR
Councillor Siegel offered the following report for the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole It was voted to accept the report and adopt the recommendation. The matter failed by a roll call vote of 5 yeas, 5 nays, 1 absent.
The Committee on Public Health, Safety and Environment co-posted with Committee of the Whole to whom was referred the matter of changing the job title of the Health Agent to Health Director, has considered said matter and would recommend that the Board of Health take formal action to change the job title.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#665 – (#630) NAMING OF A VETERAN’S SQUARE FOR PVT. ADRIAN PELLETIER
Councillor Sargent offered the following report for the Committee on Government Services co-posted with Committee of the Whole It was voted to accept the report and adopt the recommendation.
The Committee on Government Services co-posted with Committee of the Whole to whom was referred the matter of naming a Veterans Square for Private Adrian J. Pelletier, has considered said matter and would recommend approval.
#666 – COMMUNICATION FROM SOLICITOR SUBMITTING AN ORDINANCE AMENDMENT FOR ZONING FOR THE CREATION OF MARIJUANA DISPENSARIES
Communication from City Solicitor Elizabeth Rennard submitting an Zoning Ordinance Amendment for the dispensing of medical marijuana by a treatment center. It was referred to the Planning Board to schedule a joint public hearing with the City Council.
In the year two thousand and twelve
An Ordinance to amend the Zoning Ordinance definition of medical clinics
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Amend Section 10.00 Definitions of the City of Salem Zoning Ordinance by inserting the phrase “including the dispensing of medical marijuana by a treatment center registered by the Commonwealth of Massachusetts Department of Public Health,” immediately following the phrase “for the dispensing of medication” as it appears in the second sentence of the definition form Medical Clinics.
Section 2. This Ordinance shall take effect as provided by City Charter.
#667 – REQUEST FROM GLOBAL GROUP TO MAKE A PRESENTATION
A request from Global Group to make a presentation to City Council regarding electric power rates, was referred to the Committee of the Whole
#668 – REQUEST FROM FREE MASONS FOR PARKING SPACES
A request from the Free Masons for four (4) parking spaces near 70 Washington Street to hold a blood drive on February 13, April 10th and June 12, 2012, was granted.
#669 - LICENSE APPLICATION
The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY S.H.S. Track Team (Girls/Boys) Dec. 15, 2012 & Jan. 12, 2013
#670 - #674 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Joyce Chandler, 0 DeFrancesco Ave., Salem
Roger Fruggiero, 11 Berrywood Ln., Salem
Scott Hall, 66 simth St., Waltham
Caroline Sacca, 9 Oak Ave., Peabody
Howard Seligman, 8 Summit View Dr., Swampscott
On the motion of Councillor O’Keefe the meeting adjourned at 9:00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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