“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,
September 12, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 5, 2013 at 6:29 P.M. This meeting is being taped and is live on S.A.T.V.
Councillor Carr was recorded as absent.
Council President Ryan presided.
Councillor Furey 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.
President Ryan request a moment of silence on the death of a Salem resident Cheryl Pszenny.
PUBLIC TESTIMONY
None
(#503) APPOINTMENT OF LAURA DETOMA TO CABLE TELEVISION & TECHNOLOGY COMMISSION
The Mayor’s appointment of Laura DeToma Swanson to serve as a member of the Cable Television and Technology Commission with a term to expire on December 31, 2013, was held until the next meeting of September 26, 2013, was held until the next meeting on September 26, 2013.
#543 – APPOINTMENT OF THOMAS CAMPBELL TO CONSERVATION COMMISSION
The Mayor’s appointment of Thomas Campbell serve as a member of the Conservation Commission with a term to expire on March 1, 2015, was held until the next meeting of September 26, 2013 under the rules.
#544 – APPOINTMENT OF JEFFREY COHEN TO THE RENEWABLE ENERGY TASK FORCE
The Mayor’s appointment of Jeffrey Cohen serve as an alternate member of the Renewable Energy Task Force with a term to expire on March 1, 2015, was confirmed by a roll call vote of
10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey and Ryan were recorded as voting in the affirmative. Councillor Carr was recorded as absent.
#545 - REAPPOINTMENTS TO THE DESIGN REVIEW BOARD
The Mayor’s reappointments of the following to serve on the Design Review Board with the following terms to expire, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey and Ryan were recorded as voting in the affirmative. Councillor Carr was recorded as absent.
Term to Expire:
Ernest DeMaio, 289 Essex St. #307, Salem March 1, 2015
Paul Durand, 209 Essex St., Salem March 1, 2016
David Jacquith, 81 Railroad Ave., Rowley March 1, 2015
Glenn Kennedy, 108 Leach St., Salem March 1, 2015
Helen Sides, 35 Broad St., Salem March 1, 2014
#546 – REAPPOINTMENTS TO THE SALEM HOUSING AUTHORITY
The Mayor’s reappointment of the following to serve on the Salem Housing Authority with the following terms to expire, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey and Ryan were recorded as voting in the affirmative. Councillor Carr was recorded as absent.
Term to Expire:
John Boris, 5 Bedford St. Salem March 1, 2017
Peter Strout, 29 Intervale Rd. Salem March 1, 2018
#547 – REAPPOINTMENT OF SUSAN KEENAN TO THE SALEM HISTORICAL COMMISSION
The Mayor’s reappointment of Susan Keenan to serve as a member of the Salem Historical Commission with a term to expire on March 1, 2016, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey and Ryan were recorded as voting in the affirmative. Councillor Carr was recorded as absent.
#548 – REAPPOINTMENT OF DAVID PABICH TO THE SALEM / BEVERLY WATER SUPPLY BOARD
The Mayor’s reappointment of David Pabich to serve as a member of the Salem & Beverly Water Supply Board with a term to expire on March 1, 2016, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey and Ryan were recorded as voting in the affirmative. Councillor Carr was recorded as absent.
#549 – CONSTABLE
The Mayor’s reappointment of Michael Panneton to serve as a Constable with the term to expire on August 20, 2016, was received and placed on file.
#550 – APPROPRIATION TO BE EXPENDED FOR REPAIR OF NORTH STREET FIRE STATION
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ninety Five Thousand Dollars ($95,000.00) is hereby appropriated within the “Capital Outlay – Renovation & Repairs” account to be expended for the City share for the repair of the North Street Fire Station to be managed by the Planning Department in accordance with the recommendation of Her Honor the Mayor.
#551 – APPROPRIATION TO BE EXPENDED FOR THE PURCHASE OF IT EQUIPMENT FOR POLICE DEPARTMENT
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fourteen Thousand Dollars ($14,000.00) is hereby appropriated within the “Capital Outlay – Renovation & Repairs” account to be expended for the purchase of Technology Equipment for the Police Department in accordance with the recommendation of Her Honor the Mayor.
#552 – TRANSFER TO WITCH HOUSE – SEASONAL
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Eight Thousand Five Hundred and Nineteen Dollars and Four Cents ($8,519.04) is hereby appropriated from the “Receipts Reserved – Witch House” account to “Witch House – Seasonal” account in accordance with the recommendation of Her Honor the Mayor.
#553 – DONATIONS TOTALING $25,310.00
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept donations listed below in the amount of Twenty Five Thousand Three Hundred and Ten Dollars ($25,310.00). These funds will be deposited into the funds listed below in accordance with the recommendation of Her Honor the Mayor.
From Fund Name Amount
Town of Saugus Police Summer Camp $2,000.00
Town of Danvers Police Summer Camp $1,000.00
Town of Swampscott Police Summer Camp $1,000.00
Loyal Order of Moose
Salem Lodge #218 K-9 Donation Fund $1,310.00
Eastern District Attorney’s Law Enforcement Trust $20,000.00
Office Fund
#554 – EASEMENT FOR TURNER’S SEAFOOD 43 CHURCH STREET
The following Order recommended by the Mayor. Councillor O’Keefe moved that it be adopted with a condition “that the Fire Chief approves the easement for access purposes of Fire apparatus in writing”. The Easement was adopted with the condition by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey and Ryan were recorded as voting in the affirmative. Councillor Carr was recorded as absent.
ORDERED: The Mayor is hereby authorized to execute, on behalf of the City of Salem, an Easement granted to Turner’s Seafood Real Estate LLC (hereinafter “Turner’s) over a portion of land owned by the City of Salem and shown on Exhibit A of the Dedication of Easement as the “Easement Area,” a copy of which is attached hereto. The Easement is granted for the purpose of constructing and maintaining a stairway to provide access to the lower level of Turner’s building located at 43 Church Street for deliveries and any other access purposes, together with the right to install mechanical and/or utility equipment within the Easement Area. Turner’s shall install a fence around the stairway and any mechanical/utility equipment and shall have the right to install buffer plantings and relocate a
light pole within the Easement Area as may be necessary or desirable.
#555 – BOND ORDER FOR BERTRAM FIELD
Recieved after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor, was adopted for first passage by a roll call vote of 10 yeas, 0 nays, 1 absent and referred to the Committee on Administration and Finance co-posted with Committee of the Whole. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey and Ryan were recorded as voting in the affirmative. Councillor Carr was recorded as absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
BOND ORDER: that the following unexpended bond and note proceeds in the total amount of $160,917.00 from the City’s debt issues listed below, originally borrowed for the purposes and under the orders set forth below, which original projects are complete or have been abandoned also as set forth below and for which not liability remains, are hereby re-appropriated for the purpose of providing additional funds for the construction of a new turf field and track upgrade at Bertram Field.
Order Date of Original purpose Debt issue Project Tranfer
Number Approval & date status amount
287 6/18/2012 Bentley School flr. 6/20/2013 complete $56,038.00
280 5/28/2008 Collins School Fire 10/15/2010 complete $69,879.90
Alarm
280 5/28/2012 Collins School 10/15/2010 Abandoned $35,000.00
Water Heater
#556 – COMMUNICATION REGARDING FEARLESS FLYING TRAPESE ACADAMY
Recieved after the deadline of Tuesday noon under suspension of the rules.
A communication from the Mayor informing the City Council of the Park and Recreation Commission recent conditional approval of the Fearless Flying Trapeze Academy to use a small portion of Leslie’s Retreat Park, was referred to the Committee on Community and Economic Development co-posted with the Committee of the Whole.
#557 – TAG DAY APPLICATION OF SALEM YOUTH FOOTBALL CHEERLEADING
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day Application for the Salem Youth Football Cheerleading for September 21, 2013 and September 22, 2013 be granted.
#558 – ORDINANCE, TRAFFIC FIRE LANES, ENGLISH STREET
Councillor McCarthy 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
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 13B, “Fire Lanes”, is hereby amended by adding the following:
English Street, on the even numbered westerly side, beginning at the intersection of Allen Street and continuing for twenty-five (25) feet in a southerly direction. “No Parking Tow Zone, Fire Lane”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#559 – ORDINANCE, TRAFFIC GENERAL TOWING ZONES, LEAVITT STREET
Councillor McCarthy 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
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 74, “General Prohibition Towing Zones” is hereby amended by adding the following:
Leavitt Street, northerly side starting at the intersection of Lafayette Street and continuing in an easterly direction for 82 feet, “No Parking, Tow Zone 12:00 AM – 8:00 AM.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#560 – ORDINANCE, TRAFFIC HANDICAP PARKING, WEBB STREET
Councillor McCarthy 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
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B Handicap Parking, is herby amended by repealing the following Webb Street in front of #27 for a distance of 20 feet, “Handicap Parking Tow Zone” (5/22/2013)
Section 2. This Ordinance shall take effect as provided by City Charter.
#561 – YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the enclosed Year to Date Budget Report dated June 30, 2013 be referred to the Committee on Administration and Finance.
#562 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the enclosed Monthly Financial Report dated June 30, 2013 be referred to the Committee on Administration and Finance
#563 – ORDINANCE, TRAFFIC HANDICAP PARKING, BOSTON STREET
Councillor Ryan 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
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B Handicap Parking, is herby amended by adding the following Boston Street in front of #116 for a distance of 20 feet, “Handicap Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#564 - ORDINANCE, TRAFFIC HANDICAP PARKING, SUMMER STREET
Councillor Siegel 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
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B Handicap Parking, is herby amended by adding the following Summer Street in front of #79 for a distance of 20 feet, “Handicap Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#565 – ORDINANCE, TRAFFIC RESIDENT STICKER PARKING, EDEN 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
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 75 Parking Prohibitions Towing Zone (Resident Sticker) is herby amended by adding the following Eden Street, Zone, color orange, in it’s entirety, “Resident Sticker Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#566 – RESTORATION OF THE SALEM COMMON ARCH
Councillor Sosnowski introduced the following Order, which was adopted with the condition of the approval of the Building Inspector.
ORDERED: That the Committee of the Whole meet to discuss the ongoing restoration of the Arch in the Salem Common. Invited representatives of the Park and Recreation Commission, Park and Recreation Director, a representative of the Historic Commission, Building Inspector, a representative of the Veterans Council, Richard Laperchia Scout Master of Troop 24, Peter LaChapelle and Mark Meche of Winter Street Architects and a member of the Community Preservation Committee.
#567 – UTILITY EASEMENT WITH MASS. ELECTRIC CO. AT 10 BLANEY STREET
City Solicitor Elizabeth Rennard submitting the following Order to authorize the Mayor to execute an Easement for Massachusetts Electric Company at Blaney Street.
ORDERED: The Mayor is hereby authorized to execute, on behalf of the City of Salem, a Utility Easement, a copy of which is attached hereto, granting an easement to the Massachusetts Electric Company to install, construct, reconstruct, repair, replace, add to, maintain and operate for the transmission of high and low voltage electric current and for the transmission of intelligence, and underground electric distribution system, at 10 Blaney Street.
(the attached documents mentioned are file in the City Clerks office for viewing during normal business hours)
#568 – ORDINANCE, NON-CRIMINAL FINES FOR ABANDONED/FORECLOSED PROPERTIES
City Solicitor Elizabeth Rennard submitting the following Ordinance, which was adopted for first passage.
In the year two thousand and thirteen
An Ordinance to amend an Ordinance relative to non-criminal disposition of Ordinance violations
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 1, Section 1-10(c) Non-Criminal Disposition of Ordinance Violations is hereby amended by inserting the following new penalty:
“Chapter 12, Division 3. Regulating the Maintenance of Abandoned and Foreclosing Residential and Commercial Properties.
Penalty: $300 per offense
Enforcing Person: Director of Inspectional Services:
Section 2. This Ordinance shall take effect as provided by City Charter.
#569 – ACCEPT MGL CH. 44 SEC. 53E FOR REVOLVING ACCOUNT
City Solicitor Elizabeth Rennard submitting the following Order, which was adopted.
ORDERED: It is hereby Ordered that pursuant to Massachusetts General Law Chapter 44 §53E, having been accepted by the City of Salem, the Salem City Council herby establishes a revolving account to which registration fees and fines collected pursuant to Division 3 of Chapter 12 of the Code of Ordinances may be utilized by the Direction of Inspectional Services to secure, and when necessary in the judgment of the Director, maintain abandoned and foreclosing residential and commercial properties.
The Inspectional Services Department shall be the trustee of said revolving account.
#570 – ORDINANCE TRAFFIC RESIDENT STICKER PARKING, DANIELS ST. CT, KOSCIUSZKO ST. AND CURTIS STREET
City Solicitor Elizabeth Rennard submitting the following Ordinance was adopted for first passage.
In the year two thousand and thirteen
An Ordinance to amend an Ordinance relative to Traffic Resident Sticker Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 1, Section 75 Parking Prohibitions Towing zones (Resident Sticker) is hereby amended by inserting the following new streets:
Curtis Street - residents to be included to obtain resident sticker parking permits for
Zone A – color blue, parking on Curtis Street is prohibited on both sides.
Daniels Street Court - residents to be included to obtain resident sticker parking permits for Zone A – color blue, parking on Daniels Street Court is prohibited on both sides.
Kosciuszo Street - residents to be included to obtain resident sticker parking permits for Zone A – color blue, parking on Kosciuszko Street is prohibited on both sides.
Section 2. This Ordinance shall take effect as provided by City Charter.
#571 – ORDINANCE TRAFFIC RESIDENT STICKER PARKING, GEDNEY COURT
City Solicitor Elizabeth Rennard submitting the following Ordinance was adopted for first passage.
In the year two thousand and thirteen
An Ordinance to amend an Ordinance relative to Traffic Resident Sticker Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 1, Section 75 Parking Prohibitions Towing zones (Resident Sticker) is hereby amended by inserting the following new street:
Gedney Court - residents to be included to obtain resident sticker parking permits for
Zone D – color yellow, parking on Gedney Court is prohibited on both sides.
Section 2. This Ordinance shall take effect as provided by City Charter.
#572 – JOINT POLE JUNIPER AVENUE
A hearing was ordered for September 26, 2013 on the petition from Verizon and Mass. Electric to install a joint pole on Juniper Avenue.
#573 – CONDUIT ESSEX STREET
A hearing was ordered for September 26, 2013 on the petition from Comcast to install a conduit on Essex Street.
#574 – CONDUIT LAFAYETTE STREET
A hearing was ordered for September 26, 2013 on the petition from National Grid to install a conduit on Lafayette St.
#575 – REQUEST FOR EXTENDED HOURS OF OPERATION HONEY DEW DONUTS
A hearing was ordered for September 26, 2013 on the request from Honey Dew Donuts located at 138 Canal St. for Extended Hours of Operation – Current Hours of Operation Monday-Sunday from 6:00 A.M. to 10:00 P.M. Requested hours 5:00 A.M. to 10:00 P.M. Monday-Sunday.
#576 – INFLAMMABLE LICENSE APPLICATION FOR FOOTPRINT POWER
A hearing was ordered for September 26, 2013 on the application from Footprint Power Salem Harbor Real Estate LP for an Inflammable License to keep/store the following: 95 gallons of flammable liquids, 84,235 gallons of combustible liquids and 53,600 standard cubic feet of flammable gases (580 gallons) for the property located at 24 Fort Avenue.
#577 – BLOCK PARTY LARCHMONT ROAD
A request from residents of Larchmont Road to hold a Block Party on September 21, 2013 from 11:00 A.M to 6:000 P.M. with a rain date of September 28, 2103, was granted.
#578 – REQUEST TO PASS A RESOLUTION TO AMEND MASS. CONSTITUTION
A request from Nick Bokron, Chairman of PassMassAmendment to pass a resolution endorsing their efforts to amend the Massachusetts Constitution (Corporation are not People, Money is not speech) was referred to the Committee of the Whole.
#579 – ROAD RACE SALEM YMCA
A request from Salem YMCA to hold a road race and use of city streets on October 20, 2013 was granted.
#580 – CARNIVAL APPLICATION
An application for a Carnival by Fiesta Shows for October 18, 2013 through October 31, 2013 was granted.
#581 - #583 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Carol Weitzman, 76 Birch St., Peabody
Kelsey Brogley, 194 Fayette St., Lynn
Jonas Cain, 24 Lynde St., Salem
Kevin Stirnweis, 26 Ruby Ave., Marblehead
James McAllister, 86 Federal St., Salem
Dominic Lavorante, 171 Loring Ave., Salem
Kate Raftery, 12 Mall St., Salem
Brian Keady, 655 Western Ave., Lynn
Kathryn Spencer, 131 Essex St., Salem
PJ Maguire, 102 Shanley Dr., Attleboro
Sarah Mann, 11 Munroe St., Beverly
Maxfield Sklar, 95 Asbury St., Hamilton
Ian Steffe, 19 Harbor St., Salem
Sam Baltrusis, 71 Adams St., Somerville
TAXI OPERATOR Julio Jimenez, 50 Warren St. Peabody
Reynaldo Martinez, 112 Johnson St., Lynn
Yonathan Mesa, 267 Jefferson Ave., Salem
Robert Roderick, Jr., 2 Esquire Cir., Peabody
Dave Steiger, 117 Lafayette St., Salem
Rodolfo Cruz, 3 Aborn St., Salem
VEHICLE FOR HIRE Migael Santana, 59 Harbor St., Salem
OPERATOR ONLY
#584 – DENIED TAXI OPERATOR LICENSE
The following license applications was denied.
TAXI OPERATOR Adanis Reyes, 17 Leavitt St., Salem
#585 - #587 – TAG DAY APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAYS S.H.S. Class of 2014, September 29, 2013
S.H.S. Football, November 16 & 17, 2013
S.H.S. Hockey, November 30, 2013, December 8, 2013 &
January 12, 2014 & January 25, 2014
#588 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer/Contract Operator license application was granted.
P.V. Barone Corp., 18 Central St., Winthrop
#589 - #594 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Claire McQuarrie, 4 Blanchard St., Lynn
Debbie Day, 23 Goodell St., Salem
Rochelle Shea-Eckert, 59 Appleton St., Salem
David Schubert, 1362 Weeping Willow Ct., Cape Coral, FL
Charles Hilderbrand, 48 English St., Salem
Cathy Oliver, 25 Webb St., Salem
#595 - #602 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER: P.V. Barone Corp., 18 Central St., Winthrop
SIGNS: Once & Again, 45 Bridge St., Salem
Nick’s Firehouse, 30 Church St., Salem
Firenze Trattoria, 2 Lynde St., Salem
The Marble Faun, 131-1 Essex St., Salem
Campbell Enterprises, 161 Fort Ave., Salem
Campbell Enterprises, 167-173 Fort Ave., Salem
Petite Etoile Corp., 318 Derby St., Salem
(#520) – SECOND PASSAGE TRAFFIC ORDINANCE REPEAL CONGRESS STREET
On the matter of second and final passage of an Ordinance relative to Traffic Chapter 42 Section 56, Zones Established, Parking Prohibited, repeal Congress Street (7/14/11), was then taken up. It was adopted for second and final passage.
(#521) – SECOND PASSAGE TRAFFIC ORDINANCE REPEAL PALMER STREET
On the matter of second and final passage of an Ordinance relative to Traffic Chapter 42 Section 51B, Zones Established repeal Palmer Street and add Ch. 42 Sec. 74 Towing Zones Palmer Street was then taken up. It was adopted for second and final passage.
(#515) – SECOND PASSAGE ORDINANCE FINGERPRINT BASED CRIMINAL RECORD BACKGROUND CHECKS
On the matter of second and final passage of an Ordinance relative to adding Chapter 14-46 Fingerprint Based Criminal Record Background Checks was then taken up. I 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
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