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MINUTES- 01-24-2013
“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 30A ss. 18-25, and
City Ordinance Sections 2-2028 through 2-2033.”

A Regular Meeting of the City Council held in the Council Chamber on Thursday,
January 24, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 17, 2013 at 5:14 P.M.  This meeting is being taped and is live on S.A.T.V.   

        
       All Councillors were present.

       Council President Ryan presided.


Councillor Prevey moved to dispense with the reading of the record of the previous meeting.
It was so voted.


President Ryan requested that everyone please rise to recite the Pledge of Allegiance.



PUBLIC TESTIMONY

1. Benjamin Selecky – 231 North Street, Salem – Resolution Liberty Preservation Act




(#6) – APPOINTMENT OF LISA LYONS TO BEAUTIFICATION COMMITTEE

Held from the last meeting the Mayor’s appointment of Lisa Lyons to serve on the Beautification Committee with a term to expire on January 10, 2016, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative.

Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Ms. Lyons to speak.






(#7) – APPOINTMENT OF CHAD GARNER TO THE HISTORICAL COMMISSION

Held from the last meeting the Mayor’s appointment of Chad Garner to serve on the Historical Commission with a term to expire on January 10, 2015, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative.


Councillor Prevey requested and received unanimous consent for suspension of the rules to allow Mr. Garner to speak.


#43 – APPOINTMENT OF JOHN M. TOMASZ AS THE DIRECTOR OF PUBLIC SERVICES

Mayor’s appointment of John M. Tomasz to serve as the City of Salem’s Director of Public Services with a term to expire on January 31, 2014, was confirmed under suspension of the rules by roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Turiel, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Carr and Ryan were recorded as voting in the affirmative. Councillors Sosnowski and Furey were recorded as voting in the negative.


#44 – APPOINTMENT OF BRUCE MABBOTT TO THE BIKE PATH COMMITTEE

The Mayor’s appointment of Bruce Mabbott to serve on the Bike Path Committee with a term to expire on January 24, 2016, was held under the rules until the next meeting on February 14, 2013.


#45 -  CONSTABLE

The Mayor’s reappointment of Christine Derby to serve as Constable with a term to expire on February 1, 2016, was received and placed on file.

        
#46 – TRANSFER TO “IT FULL-TIME SALARY”

        The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.

        ORDERED: That the sum of Twenty-Four Thousand Dollars ($24,000.00) is hereby transferred from the “IT Maintenance” account to the “IT Full-Time Salary” account in accordance with the recommendation of Her Honor the Mayor.
#47 – APPROPRIATION TO BE EXPENDED FOR REPAIRS TO OLD TOWN HALL

The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.

        ORDERED: That the sum of Nine Thousand Eight Hundred ($9,800.00) is hereby appropriated within the “Capital Outlay – Renovations & Repairs” account to be expended for repair of Old Town Hall roof and windows by DPS Department in accordance with the recommendation of Her Honor the Mayor.


#48 – APPROPRIATION TO “HEALTH DEPT. – RODENT CONTROL”

        The following Order recommended by the Mayor was adopted under suspension of the rules.

        ORDERED: That the sum of One Thousand Five Hundred Dollars ($1,500.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to “Health Department – Rodent Control” account in accordance with the recommendation of Her Honor the Mayor.


#49 – ACCEPT DONATION FROM PLUMMER HOME FOR BOYS TO SUPPORT ON-POINT COLLABORATION PROGRAM

The following Order recommended by the Mayor was adopted.

ORDERED: To accept the donation from the Plummer Home for Boys, Inc. in the amount of One Thousand Five Hundred Dollars ($1,500.00) to support the On-Point Collaboration program. These funds will be deposited into the Police Department Fund in accordance with the recommendation of Her Honor the Mayor.


#50 – ACCEPT DONATION FROM SOUCY INSURANCE AGENCY FOR VETERANS PROGRAMMING

The following Order recommended by the Mayor was adopted.

ORDERED: To accept the donation from Soucy Insurance Agency Inc., in the amount of One Thousand Dollars ($1,000.00) to support Veterans Program. These funds will be deposited into the Veterans Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.

#51 – TAG DAY SALEM HIGH SCHOOL DRAMA CLUB

Councillor Sosnowski introduced the following Order, which was adopted.

ORDERED:  That the enclosed Tag Day Application for the S.H.S. Drama Club for
February 9, 2013 be granted


#52 – (#28 - #36) 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.

JUNK DEALERS            Frederic Hutchinson, 15 Robinson Rd., Salem
                                I. Talkowsky & Son, 18 Phillips St., Salem

PAWNBROKER              Salem Loan & Jewelry, 133 Washington St., Salem

SEAWORMS                        Arthur Barreira, 49 Webster St., Peabody
                                Alaide Picanco, 85 Tremont St., Salem
                                Timothy Lynch, 28 Anawan Ave., Saugus
                                Paul Lynch, 28 Anawan Ave., Saugus
                                Manuel Silva, 80 Northend St., Peabody
                                Analiano Silva, 25 Driscoll St., Peabody                
                                Manuel P. Silva, 52 Paleologos St., Peabody

SECOND HAND             Re-Find, 72 Washington St., Salem
CLOTHING                        Re-Find, 244 Essex St., Salem
                                Modern Millie, 3 Central St., Salem
                                Witch City Consignment, 301 Essex St., Salem

SECOND HAND             Treasures Over Time, 139 Washington St., Salem  
VALUABLES                       Witch City Consignment, 301 Essex St., Salem
                                Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
                                Jacqueline Satin @ Pickering Wharf Antiques Gallery, 69 Wharf St., Salem
                                Salem Loan & Jewelry, 133 Washington St., Salem
                                Record Exchange, 256 Washington St., Salem

TAG DAYS                        S.H.S. Girls Track Team, 3/23/13
S.H.S. Girls Softball, 4/13/13, 5/18/13
Salem Little League, 5/11/13, 6/15/13, 7/13/13
S.H.S. Field Hockey Team, 9/28/13 & 10/12/13
#53 – (#16) LEASE AGREEMENT FOR 120 WASHINGTON STREET

Councillor Prevey 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 by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative.

The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a lease agreement located at 120 Washington St., City Hall Annex, has considered said matter and would recommend approval.


#54 – (#14) RESOLUTION FOR IMPROVEMENTS TO BERTRAM FIELD

Councillor Prevey 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.

Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the Resolution for improvements to Bertram Field has considered said matter and would recommend approval.

#55 – (#13) APPOINTMENT OF DAVID EPPLEY TO ZONING BOARD OF APPEALS

Councillor Sargent offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative.

Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the appointment of David Eppley as an alternate member of the Zoning Board of Appeals with a term to expire on June 1, 2015 has considered said matter and would recommend confirmation.


#56 – (#12) APPOINTMENT OF TOM WATKINS TO ZONING BOARD OF APPEALS

Councillor Sargent offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. And that rule 29A be suspended

The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the appointment of Tom Watkins to the Zoning Board of Appeals with a term to expire on May 1, 2015 has considered said matter and would recommend confirmation.


#57 – (#11) APPOINTMENT OF KIRT RIEDER TO THE PLANNING BOARD

Councillor Sargent offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. And that rule 29A be suspended

The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the appointment of Kirt Rieder to the Planning Board with a term to expire on July 1, 2016 has considered said matter and would recommend confirmation.

#58 – (#8) APPOINTMENT OF BEN ANDERSON TO THE PLANNING BOARD

Councillor Sargent offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. And that rule 29A be suspended.

The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the appointment of Ben Anderson to the Planning Board with a term to expire on July 1, 2014 has considered said matter and would recommend confirmation.


#59 – (#667 of 2012) PRESENTATION BY GLOBAL GROUP

Councillor Ryan offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation

       The Committee of the Whole to whom was referred the matter of the Presentation by Global Group for lower electric power rates has considered said matter and would recommend allow Global Group to do an a study of the City’s electricity cost and report back to the Committee of the Whole.
#60 – (#96 of 2011) SUB-COMMITTEE FOR THE NEW CITY HALL ANNEX

Councillor Ryan offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation

The Committee of the Whole to whom was referred the matter of the Sub-committee for the new City Hall Annex has considered said matter and would recommend re-activate the sub-committee and set a date to report back to the Council at the first meeting in September 2013. The Sub-committee members are as follows Council President Ryan, Councillor Legault, Councillor Sosnowski, Mayor, City Planner, Building Inspector, Finance Director, Solicitor and George Fallon.


#61 – CITY CLERK SUBMITTING ELECTION CALENDAR

A communication from City Clerk Cheryl LaPointe submitting the Election Calendar for the year 2013 was adopted.


#62 – REQUEST FROM MATTHEW FRASER TO MAKE PRESENTATION RE: TIMEBANK

A request from Matthew Fraser to make a presentation to the Council regarding Salem Timebank, was referred to the Committee of the Whole.


#63 – RESOLUTION LIBERTY PRESERVATION ACT

A resolution submitted by Benjamin Selecky regarding Liberty Preservation Act was referred to the Committee of the Whole.


#64 - #67 LICENSE APPLICATIONS

The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.

SEAWORMS                                Alexandrino DaSilva, 37 Harris St., Peabody
                                        Armando Borges, 7 Union St., Peabody
                                        Eutimio Cunha, 89 Tremont St., Peabody

SECOND HAND                     Tiffen Wicket, 100 Wharf St., Salem
CLOTHING

Licenses continued next page
SECOND HAND                     Tiffen Wicket, 100 Wharf St., Salem
VALUABLE

TAG DAYS                                S.H.S. Baseball Team, April 20, 2013
                                        S.H.S. Baseball Team, May 4, 2014
                                        D.A.V. Chapter #84, May 16, 17 & 19, 2013
                                        VFW, May 24-27, 2013
                                        Salem Veterans Council June 28-30, 2013 & July 4, 2013
                                        D.A.V. Chapter #84, November 1-4, 2013
                                        VFW, November 8-11, 2013


#68 - #69 LICENSE APPLICATIONS

The following license applications were granted.

PUBLIC GUIDES                   Sarah Carter, 277 Lafayette St., Salem
                                        Heide Hasselmann, 2 Cranberry Hill, Duxbury
                                        Mike Vitka, 28 Howard St., Salem
                                        Judith Eidelman, 220 Humphrey St., Marblehead
                                        Allen Winecour, 161 Garland St., Everett
                                        William Sano, 35 Daniels St., Salem
                                        Jeffrey Langone, 283 Derby St., Salem
                                        Cynthia Haigh, 4 Brackett St., Milton
                                        Tammy Harrington, 21 Chase St., Beverly

TAXI OPERATORS                  Julio Jimenez, 16 Eastman Park, Peabody
                                        Jose Fabian, 14 Mason St., Salem
                                        Ramon Espinal Jr., 12 Mt. Vernon St., Salem
                                        Belkys Guerrero, 1000 Loring Ave., Salem
                                        Pedro Taveras, 100 Lafayette St., Salem
                                        Milciades Pichardo, 16 Hersey St., Salem
                                        Jose Lopez, 16 Mason St., Salem
                                        Ricardo Villanugua, 78 Hathorne St., Salem
                                        Marcos Medina, 8 Tremont St., Salem
                                        Santiago Ducos, 16 Dow St., Salem
                                        Robert Ruest, 6 Dustin St., Peabody
                                        Roberto Pacheco, 105 Congress St., Salem
                                        Moulaye Cherif Moulaye, 42 W. Baltimore St., Lynn
                                        Daniel Sirois, 15 Becket St., Salem



#70 – LICENSE APPLICATIONS DENIED

The following license applications were denied.

TAXI OPERATOR                   Jose Ovalles, 72 Palmer St., Salem
                                        Julio Cora, 90 Light St., Lynn


#71 – #72 REQUEST FOR HEARING ON DENIAL OF LICENSE

A hearing request from the following on the denial of their taxi operator licenses was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.

                                Julio Cora, 90 Light St., Lynn
                                Joseph Staten II, 2 Duck Pond Rd., Beverly


#73 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS

The following Drainlayer / Contract operator license applications were granted.

        Bartlett & Steadman Co., Inc. R67 Village St., Marblehead
        J. Masterson Construction Co., 80 Alderbrook Dr., Topsfield
        Geologic – earth Exploration Inc., 3 Hancock St., Plainville
        W.L. French Excavating Corp., 3 Surrey Cir., N. Billerica
        Spencer Contracting, P.O. Box 875, Salem
        Mennino Construction Co, Inc., 76 Oakville St., Lynn
        James W. Flett Co., Inc., 800 Pleasant St., Belmont
        Thomas Mackey & Sons Inc., 58 Broadway, Salem
        Village Construction, 190 Pleasant St., Marblehead
        Cariso & McGovern Const. Inc., 1 Industrial Way, Georgetown
        TDS Inc., 2 Peter Dr., Sterling
        Atlantic Paving, 119R Foster St., Peabody
        Joseph P. Cardillo & Son Inc., 1 Melvin St., Wakefield
        J.F. White Contracting Co., 10 Burr St., Framingham
        DeIulis Brothers Const. Co. Inc., 31 Collins St., Lynn
        Raffaele Construction Corp., 21 Elm Pl., Swampscott
        Caruso Corp., 320 Charger St., Revere
        Mirra Co. Inc., 6 Norino Way, Georgetown
        Phoenix Communications, 70 James St., Worcester



#74 – CLAIMS

The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.
                
SUBROGATED                      Thomas George Assoc./Liberty Mutual (for Anthony Redden)
                                        P.O. Box 30, East Northport, NY 11731                           
                

#75 - #79  BONDS

The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.

CONSTABLE               Christine Derby, 73 Tremont St., Salem

DRAINLAYER              J. Masterson Construction Corp., 80 Alderbrook Dr., Topsfield
                                J.F. White Contracting Company, 10 Burr St., Framingham
                                W.L. French Excavating Corp., 3 Surrey Cir., N. Billerica

SIGN                            HEX Old World Witchery & Omen, 246 Essex St., Salem
                        

(#18) – SECOND PASSAGE TRAFFIC BROADWAY

The matter of Second and final passage of an Ordinance relative to Traffic Chapter 42, Section 57A repeal Parking Time Limited, Unmetered Zone, Broadway and insert in place Section 51B Parking Prohibited Certain Times on Certain Streets Broadway westerly side 70 ft. from Loring Avenue, for a distance of 58 ft., 30 minute parking, Mon – Sat. 7:00 AM to 5:00 PM, Tow Zone was then taken up. The Ordinance was adopted for second and final passage.


(#690) – SECOND PASSAGE TRAFFIC RESIDENT STICKER PARKING ORD STREET

Held from the last meeting the matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 75 Resident Sticker Parking Ord Street was then taken up.
The following amendment was adopted by adding the following to the Ordinance after the words Butler Street, Zone F, Color White. The Ordinance was adopted for second and final passage.

        On the motion of Councillor O’Keefe the meeting adjourned at 8:10 P.M.

ATTEST:                                         CHERYL A. LAPOINTE
                                                        CITY CLERK