“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, April 25, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 19, 2013 at 10:55 A.M. This meeting is being taped and is live on S.A.T.V.
Councillor Siegel was recorded as absent.
Council President Ryan presided.
Councillor Carr 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
None
(#240) - APPOINTMENT OF DR. DANIELLE M. LEDOUX TO BOARD OF HEALTH
Held from the last meeting the Mayor’s appointment of Dr. Danielle M. Ledoux to the Board of Health with a term to expire on December 31, 2014, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Sargent, Ryan, Prevey, O’Keefe, McCarthy, Legault, Fuery and Carr were recorded as voting in the affirmative. Councillor Siegel was recorded as absent.
(#241) - APPOINTEMENT OF DALE YALE TO PLANNING BOARD
Held from the last meeting the Mayor’s appointment of Dale Yale to the Planning Board with a term to expire on May 1, 2013, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Turiel, Sosnowski, Sargent, Ryan, Prevey, O’Keefe, McCarthy, Legault, Furey and Carr were recorded as voting in the affirmative. Councillor Siegel was recorded as absent.
#299 – APPOINTMENT OF LYNDA COFFILL TO COUNCIL ON AGING
The Mayor’s appointment of Lynda Coffill to the Council of Aging with a term to expire on April 25, 2016, was held until the next meeting under the rules.
#300 – APPOINTMENT OF JANE TURIEL TO HISTORICAL COMMISSION
The Mayor’s appointment of Jane Turiel to the Historical Commission as an alternate with a term to expire on April 25, 2016, was held until the next meeting under the rules.
#301 – REAPPOINTMENTS TO THE PARK AND RECREATION COMMISSION
The Mayor’s reappointments of the following to serve as members of the Park &Recreation Commission with the following terms to expire, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Sargent, Ryan, Prevey, O’Keefe, McCarthy, Legault, Furey and Carr were recorded as voting in the affirmative. Councillor Siegel was recorded as absent.
Terms to Expire:
Amy Everitt, 14 Columbus Ave. May 1, 2017
Leslie Tuttle, 114 Federal St. May 1, 2018
#302 – REAPPOINTMENT OF DONNA CLIFFORD TO COUNCIL ON AGING
The Mayor’s reappointment of Donna Clifford to serve as a member of the Salem Council on Aging with the term to expire on February 1, 2016, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Sargent, Ryan, Prevey, O’Keefe, McCarthy, Legault, Furey and Carr were recorded as voting in the affirmative. Councillor Siegel was recorded as absent.
#303 – REAPPOINTMENTS TO ZONING BOARD OF APPEALS
The Mayor’s reappointment of the following to serve as members of the Zoning Board of Appeal with the following terms to expire was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Sargent, Ryan, Prevey, O’Keefe, McCarthy, Legault, Furey and Carr were recorded as voting in the affirmative. Councillor Siegel was recorded as absent.
Terms to Expire:
Rebecca Curran, 14 Clifton Ave. May 1, 2016
James Tsitsinos, 23 Bridge St. May 1, 2014
#304 – CONSTABLE
Mayor’s appointment of Victor Nolasco to serve as a Constable with a term to expire on April 10, 2014 was received and placed on file.
#305 – APPROPRIATION TO BE EXPENDED FOR BERTRAM FIELD
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Nineteen Thousand Four Hundred and Forty-Two Dollars ($19,442.00) is hereby appropriated within the “Capital Outlay - Renovations and Repairs” account to be expended for City portion of PARC grant for the renovation of Bertram Field by the Planning Department in accordance with the recommendation of Her Honor the Mayor.
#306 – ACCEPT DONATION FOR POLICE DEPT. SUMMER CAMP PROGRAM
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: To accept the donation from Peabody Police Benevolent Fund in the amount of One Thousand One Hundred and Fifty Dollars ($1,150.00). These funds will be deposited into the Salem Police Department Summer Camp Fund as listed in accordance with the recommendation of Her Honor the Mayor.
#307 – ACCEPT DONATION FOR RECREATION DONATION FUND
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: To accept the donation from Mento-Doyle Golf League in the amount of One Thousand Dollars ($1,000.00). These funds will be deposited into the Recreation Donation Fund listed in accordance with the recommendation of Her Honor the Mayor.
#308 – DESIGNATION OF CHAPTER 121A FOR LORING TOWERS
Received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor. Councillor Prevey moved to schedule a joint public hearing with the Planning Board. It was so voted.
ORDERED: That City Council approve the Chapter 121A designated for Loring Towers Salem Preservation Associates, Limited Partnership effective upon the expiration of the current 121A designation, which expires on March 26, 2013, and approve a 25-year extension to the initial 15-year period of exemption from property taxation under Section 10 of Chapter 121A, based upon the significant and long term affordable housing restrictions that encumber the project subject to approval of the Massachusetts Department of Housing and Community Development.
Be it further Ordered, that the Mayor be authorized to enter into the 121A Agreement on behalf of the City.
#309 – DISCUSS LEAFBLOWERS AND HOW IT IMPACTS QUALITY OF LIFE IN NEIGHBORHOODS
Councillor Sosnowski introduced the following Order which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the use of leaf blowers and how it impacts the quality of life in all our neighborhoods. And that the following be invited, City Solicitor, Health Agent and Building Inspector.
#310 – RESOLUTION – ANNIVERSARY OF POLISH CONSTITUTION
Councillor Sosnowski introduced the following Resolution which was adopted.
RESOLUTION:
WHEREAS: This year marks the 222nd Anniversary of the Polish Constitution; and
WHEREAS: The Polish Constitution of May 3, 1791, was the second written Constitution in the world, after that of the United States of America; and
WHEREAS: It brought together the liberal reforms of King Stanislaw Poniatowski, and the enlightenment thought of France and America, in a document which was far ahead of its time, and which brought Poland recognition as a leader among nations; and
WHEREAS: The issuance of the Polish Constitution was seen as a Democratic movement and a threat to Poland’s then three neighboring autocratic Nations of Russia, Austria, and Prussia and subsequently the partition of Poland in 1795 by not only Russia but Austria and Prussia as well, resulted in the disappearance of the Polish Nation on the map of Europe until November 11, 1918; and
WHEREAS: The Polish Constitution of May 3rd, 1791 was banned from any commemoration during the Nazi occupation of Poland from 1940 to 1944, and subsequently banned by the Soviet Union; and
WHEREAS: Poland is now firmly allied with the western democracies Communist Regime in Poland from 1944 to 1989, when Poland threw off the yoke of Communist rule and became a free and independent Republic once again; and
WHEREAS: Poland is now firmly allied with the western democracies and member of NATO. The P.L.A.V. Post 55, Salem, MA and Salem’s entire Polish community are once again proud and most appreciative to have the City of Salem celebrate May 3, 2013 as “Polish Constitution Day” and to have the Polish Flag of white and red displayed at Riley Plaza.
AND BE IT FURTHER RESOLVED: That the City Council make this resolution a matter of record of these proceedings, and that a suitable copy be presented to the P.L.A.V. Post 55 of Salem, MA
#311 – RAISE THE POLISH FLAG AT RILEY PLAZA
Councillor Sosnowski introduced the following Order which was adopted.
ORDERED: that the Park Commission raise the Polish Flag at Riley Plaza for an 11:00 AM Ceremony on May 3, 2013 in observance of Polish Constitution Day.
#312 – ORDINANCE – TRAFFIC HANDICAP PARKING LAUREL STREET
Councillor Turiel introduced the following Ordinance which was adopted for first passage.
In the year two thousand and thirteen
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicapped Zones, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Laurel Street, in front of #21, for a distance of twenty (20) feet, “Handicapped Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#313 – ORDINANCE – TRAFFIC RESIDENT STICKER PARKING BELLEAU ROAD AND
WEST CIRCLE
Councillor Turiel introduced the following Ordinance which was adopted for first passage.
In the year two thousand and thirteen
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 75, “Parking Prohibitions Towing Zones, Resident Sticker”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Belleau Road, Zone B – Color Red, both sides, in its entirety (11-1-93) and insert in it’s place with the following:
Belleau Road, Zone E – Color Orange, both sides in it’s entirety.
Section 2. Repeal West Circle, Zone B – Color Red, both sides in it’s entirety (4-19-96) and insert in it’s place the following:
West Circle, Zone E – Color Orange both sides in it’s entirety.
Section 3. This Ordinance shall take effect as provided by City Charter.
#314 – RESOLUTION – MAINTAIN VERIZON JOBS IN MASSACHUSETTS
Councillor Sargent introduced the following Resolution, which was received after the deadline of Tuesday noon and referred to the Committee on Government Services co-posted with Committee of the Whole.
Resolution Relating to Maintaining Verizon Repair Center Jobs and Innovative Technologically Work in the Commonwealth of Massachusetts
WHEREAS: solutions to competitive demands on business in Massachusetts and throughout the United States and abroad often involve downsizing and outsourcing instead of protecting workers and their families; and
WHEREAS: Massachusetts Workers are without jobs, and some communities are particularly had hit with long term unemployment; and
WHEREAS: it is recognized that maintaining good jobs with good pay and benefits in the Commonwealth of Massachusetts is encouraged of all businesses, ensuring working families employed in Massachusetts have job stability; and
WHEREAS: Verizon Communications in Massachusetts has been and continues to downsize their Massachusetts workforce and has not added any new technology driven jobs in the Commonwealth of Massachusetts; and
WHEREAS: Verizon Communications in Massachusetts has decided to relocate their two Enhanced Verizon Repair Centers located in Andover, Massachusetts and Springfield, Massachusetts out of state to Rhode Island, forcing upon workers the options of an unreasonable commute hundreds of miles from their homes, moving out of state, or ending their employment with Verizon; and
WHEREAS: it is recognized that Verizon workers and their families will suffer extreme hardships, creating stressful family relationships, issues with child care and elder care, marital discord, and the communities in which they live will be impacted as these employees determine whether to move out of state, commute hundreds of miles or quit; and
WHEREAS: It is recognized that the Verizon Communications Enhanced Verizon Repair Centers have been located in Massachusetts for over forty years, servicing Massachusetts residents; and
NOW THEREFORE BE IT RESOLVED: That the City of Salem, Massachusetts promotes collaborative efforts of government, business and labor in the dynamic field of telecommunications to employ workers in Massachusetts and partner with the communities in the Commonwealth of Massachusetts in sustaining and growing a high-performance economy, benefiting consumers, working families, and our communities.
BE IT RESOLVED: that the City of Salem, Massachusetts supports innovative job growth and retaining technology driven jobs with good pay and benefits, and strongly encourages Verizon Communications to continue to employ EVRC workers in Massachusetts providing the same repair center services that have served the Commonwealth for over forty years; and
BE IT RESOLVED: That the City of Salem, Massachusetts will provide a copy of this resolution to Verizon, strongly encouraging Verizon to consider the impact of relocating workers out of state on their workers and families, the communities in which they live, and the economic growth and stability of the communities in the Commonwealth of Massachusetts.
#315 - (#288 - #289) 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 licenses be granted:
SEAWORM Jose Bettencourt, 54 Fulton St., Peabody
TAG DAYS S.H.S. Music Dept., May 5, 2013
S.H.S. Girls Volleyball, September 7, 2013
S.H.S. Girls Volleyball, October 5, 2013
S.H.S. Boys Basketball, Dec.14, 2013 & Dec. 21, 2013
#316 – (#260) APPROPRIATION TO VETERANS – BENEFITS
Councillor Prevey 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 an appropriation of $60,000.00 from the “Fund Balance – Free Cash” account to “Veterans – Benefits” account, has considered said matter and would recommend approval.
#317 – (#93) FOOTPRINT’S AGREEMENT FOR SALEM HARBOR POWER STATION
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.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the Footprint Agreement regarding the Salem Harbor Power Station, has considered said matter and would recommend approval.
Councillor Sargent was recorded as present due to conflict.
#318 – REQUEST FROM THOMAS PELLETIER FOR PARKING SPACE IN SOUTH HARBOR GARAGE
A request from Thomas Pelletier, owner of 214 Derby St. to obtain three parking spaces at South Harbor Garage per Board of Appeals.
Councillor O’Keefe moved to refer the matter to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. Seconded by Councillor Sosnowski and amend the word space to the word passes.
Councillor Sosnowski withdrew his motion to second Councillor O’Keefe’s motion.
Councillor McCarthy moved to waive the moratorium for up to three (3) passes for Mr. Pelletier. It was so Voted. Councillor O’Keefe recorded as opposed.
#319 – #320 LICENSES
The following license applications were granted.
PUBLIC GUIDES William Page, 65 ½ Essex St., Salem
Stephen Busby, 9 Hillside Ave., Marblehead
James Morfis-Gass, 123 Lynn St., Peabody
Seth Kanner-Mascolo, 40 English St., Salem
TAXI OPERATORS Mauro Fernandez, 160 Park St., Beverly
Victoriano Ozoria, 9 Prince St. Pl., Salem
Michael Berking, 73 Harbor St., Salem
Nieves Duran, 8 Rainbow Ter., Salem
James Gordon, 13 Conant St., Salem
Daniel Mondragon, 10 Shillaber St., Salem
Martin Ozoria-Polanco, 10 Porter St., Salem
Francis Cora, 20 Osgood St., Salem
John Silva, 154 Newbury St., Peabody
Ryan Gilbert, 24A Stevens St., Peabody
Anthony Zucchari, 48 Catalina Rd., Lynn
Paul Emelian, 33 Barr St., Salem
Alfred Grenier Jr., 41 Pine St., Peabody
Raymond Roberts, 140 New Balch St., Beverly
#321 – TAXI OPERATOR
The following license application was denied.
TAXI OPERATOR David Crawford, 27 Cook St., Lynn
#322 – DRAINLAYER / CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator license was granted.
K & B Excavating, 105 Mason St., Salem
#323 - #326 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Pamela Zwiercan, 6 Fairmount St., Salem
John Hamerstrom, 21 Grant Rd., Salem
James Hennessey, 10 Gables Circle, Salem
SUBROGATED Abruzese & Barclay (for Rayleen McGrath), 92 High St., Medford
#327 #328 BONDS
The following Bond were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Victor Nolasco, 260 Washington St., Salem
DRAINLAYER K & B Excavating, 105 Mason St., Salem
(#268) SECOND PASSAGE ORDINANCE – TRAFFIC PARKING TIME LIMITED, UNMETERED ZONES WASHINGTON SQUARE NORTH
The matter of second and final passage of an Ordinance relative to Traffic Parking Time Limited, Unmetered Zones on Washington Square North, was then taken up. The Ordinance was adopted for second and final passage.
(#210) SECOND PASSAGE BOND ORDER FOR CANAL STREET UTILITY PROGRAM PROJECTS
The matter of second and final passage of a Bond Order for the sum of $5,900,000.00 for Canal Street Utility Program projects, was then take up. The Bond Order was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Sargent, Ryan, Prevey, O’Keefe, McCarthy, Legault, Furey and Carr were recorded as voting in the affirmative. Councillor Siegel was recorded as absent.
On the motion of Councillor O’Keefe the meeting adjourned at 8:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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