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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
January 9, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on December 26, 2013 at 5:20 P.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President McCarthy presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.
Councillor Milo requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
- Teasie Riley Goggin – 9 Wisteria Street – Council on Aging Director.
#4 – HEARING OF NATIONAL GRID FOR CONDUITS ON BRIDGE STREET
A hearing was held on the order of National Grid for conduits on Bridge Street. Appearing in favor was Sabitah Mahbier-Sheehy representative for National Grid.
Councillor Gerard asked what the time frame for the project was and how will this impact the bus stop and crosswalk.
Ms. Sheehy stated she would get that information for the Councillor.
There was no one opposed.
Councillor Gerard moved that the hearing be closed. It was so voted.
Councillor Gerard moved that the petition be granted. It was so voted.
#5 – APPOINTMENT OF WILLIAM GRISET JR. TO PLANNING BOARD
The Mayor’s appointment of William Griset, Jr., 153 Fort Avenue, Salem, to serve as a member of the Planning Board with a term to expire on December 14, 2014, was held under the rules until the next meeting of January 23, 2014.
#6 – APPOINTMENT OF PETER COPELAS TO ZONING BOARD OF APPEALS
The Mayor’s appointment of Peter Copelas, 40 Warren Street, Salem, to serve as an alternate member of the Zoning Board of Appeals with a term to expire on June 1, 2015, was held under the rules until the next meeting of January 23, 2014.
#7 – REAPPOINTMENTS TO THE CABLE COMMISSION
The Mayor’s re-appointments of the following to serve as members of the Cable Commission with the terms to expire on March 1, 2016, were confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative.
Olle Duijvesteijn, 10 Mall St., Salem
William Simons, 79 School St., Salem
Laura DeToma Swanson, 1 Orange St., Salem
Linda Vaughn, 38 Greenway Rd., Salem
Kevin Walker, 6 Moulton Ave., Salem
#8 – REAPPOINTMENT OF FRANK MILO TO THE SALEM HOUSING AUTHORITY
The Mayor’s re-appointment of Frank Milo, 181 Marlborough Rd., to serve as a member of the Salem Housing Authority with the terms to expire on March 1, 2019, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative.
#9 – REAPPOINTMENTS TO SALEM PARKING BOARD
The Mayor’s re-appointments of the following to serve as members of the Salem Parking Board with the terms to expire on March 1, 2015, were confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative.
Michael Caggiano, 16 Front St., Suite 203, Salem
Tim Dogett, 9 Lynn St., Salem
#10 – CONSTABLE
The Mayor’s appointment of Thomas Burke to serve as a Constable with a term to expire on December 11, 2015, was received and placed on file.
#11 – CONSTABLE
The Mayor’s re-appointment of James Barina to serve as a Constable with a term to expire on January 3, 2017, was received and placed on file.
#12 – APPROPRIATION TO ENGINEERING ACCOUNTS
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole under the rules.
ORDERED: That the sum of One Hundred and Fifty Thousand Dollars ($150,000.00) is hereby appropriated from the “Retained Earnings – Water/Sewer Fund” account to the Engineering accounts listed below in accordance with the recommendation of Her Honor the Mayor.
Water System Improvements Engineering Highland Ave. Water Booster $45,000
Station
Water System Improvements Engineering Salem Main Water Pump Station $46,000
Sewer System Improvements Engineering Forest River Wastewater Pump $40,000
Sewer System Improvements Engineering Forest River Wastewater Pump $7,000
Station
Sewer System Improvements Engineering Forest River Tide Gates $12,000
$150,000
#13 – APPROPRIATION FOR RETIREMENT OF SCHOOL DEPT. EMPLOYEES
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Forty-Three Thousand, Eighty-Five Dollars and Sixty Cents ($43,085.60) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/sick leave buyback” account to be expended for the retirement buybacks as listed below in accordance with the recommendation of Her Honor the Mayor.
Mary Johnson School Dept. $14,172.80
Norma Miaskiewicz School Dept. $28,912.80
$43,085.60
#14 – APPROPRIATION FOR REPAIR OF HVAC SYSTEM IN THE POLICE DEPARTMENT
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Eight Thousand Three Hundred and Sixty Dollars ($8,360.00) is hereby appropriated within the “Capital Outlay – Renovation & Repairs” account to be expended for repair of the HVAC system in the Police Department in accordance with the recommendation of Her Honor the Mayor.
#15 – SNOW EMERGENCY PARKING FEE FOR GARAGES
The following Order recommended by the Mayor was adopted.
ORDERED: During a snow emergency, the fee for parking in the South Harbor and Museum Place Mall parking garages shall be $5.00 for a 24 hour period or any fraction thereof. Vehicles should be removed from the garages by the close of business the day the snow emergency concludes. Close of business for both garages: Sunday at 8:00 P.M., Monday, Tuesday and Wednesday at 10:00 P.M. and Thursday, Friday and Saturday at 2:00 A.M. Vehicles left in the garages after close of business will begin to accrue charges at the regular hourly parking rate.
#16 – ORDINANCE MISCELLANEOUS PROVISIONS SMOKING ON OFF-ROAD, PAVED BIKE PATH
The following Ordinance recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and fourteen
An Ordinance to amend an ordinance relative to prohibiting smoking on the Off-road, Paved Bicycle Route
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24 Offenses and Miscellaneous Provisions, Sec. 24-16 Smoking in theaters is hereby amended by deleting this section in its entirety, as smoking in public theaters is prohibited by M.G.L. Ch. 270, § 22, and replacing with the following:
“Section 24-16. Smoking Prohibited on Off-road, Paved Bicycle Route.
No person shall smoke on any designated, off-road, paved bicycle route in the city. A map of the bicycle rout shall be on file in the office of the city clerk. Any person violating this section shall be subject to a fine not to exceed $50.00. Signage posting the smoking prohibition and fine shall be placed along the designated no-smoking route. Enforcement of this section shall be by non-criminal disposition as set forth in M.G.L. Ch. 40 § 21D and the City of Salem Code of Ordinances Ch. 1 §§1 through f10. Enforcing persons shall be police officers and the health agent or his/her designee”
Section 2. This Ordinance shall take effect as provided by City Charter.
#17 – ORDINANCE AMENDING NON-CRIMINAL FINES
The following Ordinance recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and fourteen
An Ordinance to amend an ordinance relative 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 24. Section 16. Smoking Prohibition on Off-road, Paved Bicycle Route
Penalty: $50.00 per offense
Enforcing Person: Police officers and health agent or his/her designee”
Section 2. This Ordinance shall take effect as provided by City Charter.
#18 – ORDINANCE AMENDING COUNCIL ON AGING DEPARTMENT HEAD
The following Ordinance recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
In the year two thousand and fourteen
An Ordinance to amend an ordinance relative to the head of the council on aging.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Division 12 – Department of Park, Recreation and Community Service of Chapter 2, Article III – Officers and Employees is hereby amended by deleting the following section in its entirety:
“ Sec. 2-593 (f) The superintendent / director shall act as the head of the council on aging department.”
And replacing it with the following
“Sec. 2-593 (f) The superintendent / director shall oversee and direct the council on aging department”
Section 2. Division 7 – Council on Aging of Chapter 2, Article IV – Boards, Commissions Committees and Authorities is hereby amended by deleting the following section in its entirety
“Sec. 2-836. Head of the council on aging department. The mayor shall biennially in January, subject to confirmation by the city council, appoint a director of recreation and community service who, among other duties shall act as the head of the council on aging department. The
director shall serve for a period of two years from February 1 succeeding his/her appointment until a successor is appointed.”
and replacing it with the following:
“Sec. 2-836. Head of the council on aging department. The mayor shall biennially in January, subject to confirmation by the city council, appoint a director of the council on aging who shall act as the head of the council on aging department, be responsible for the conduct of all its affairs and shall act under the direction of the superintendent of parks/recreation and community service director. The director shall serve for a period of two years from February 1 succeeding his/her appointment until a successor is appointed.”
Section 3. This ordinance shall take effect as provided by city charter.
#19 – ORDINANCE – FINGERPRINT BASED CRIMINAL RECORD BACKGROUND CHECKS
The following Ordinance recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and fourteen
An Ordinance to amend an ordinance relative to the fee for fingerprint-based criminal record background checks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14 is hereby amended by deleting in its entirety the first sentence of Sec. 14-46F which reads:
“The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be $75.00.”
And replacing this sentence with the following:
“The fee charged by the Police Department for the purpose of conducting fingerprint-based criminal record background checks shall be $50.00.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#20 – TAG DAY
Councillor O’Keefe introduced the following Order which was adopted.
ORDERED: That the enclosed Tag Day Application for the SHS Winter Track Team (Girls & Boys) for 1/18/14, 1/26/14 & 2/8/14 be granted.
#21 – YEAR TO DATE BUDGET REPORT
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the year to date budget report dated November 30, 2013, be referred to the Committee on Administration and Finance.
#22 – ORDINANCE TRAFFIC PARKING PROHIBITED SALEM STREET
Councillor Turiel introduced the following Ordinance which was adopted for first passage.
In the year two thousand and fourteen
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 51B “Parking Prohibited at certain times on certain streets” Salem Street starting at Chase street in a southerly direction for 144 feet both sides Monday – Friday school days only, November through April 7:30 AM to 3:30 PM
Section 2. This Ordinance shall take effect as provided by City Charter.
#23 – TRAFFIC TRIAL ON RAYMOND AVENUE
Councillor O’Keefe introduced the following Ordinance which was adopted.
ORDERED: that a trial period of up to 60 days on the following Traffic recommendation Chapter 42, Section 74 “General Prohibition Tow Zone” Raymond Avenue northerly side starting at Lafayette Street for 70 feet in a westerly direction, No Parking Tow Zone
#24 – ORDINANCE TRAFFIC PARKING TIME LIMITED LORING AVENUE IN FRONT OF #539
Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and fourteen
An ordinance to amend an ordinance relative to Traffic
Be it ordained by the City Council or the City of Salem, as follows:
Section 1. Chapter 42 Section 57A “Parking Time Limited” is hereby amended by adding the following:
Loring Avenue in front of #539 for a distance of forty (40) feet as marked by signs, two (2) hour parking 7:00 AM – 6:00 PM Monday through Saturday.
Section 2. This ordinance shall take effect as provided by City Charter.
#25 – ORDINANCE TRAFFIC PARKING TIME LIMITED LORING AVENUE IN FRONT OF #540
Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and fourteen
An ordinance to amend an ordinance relative to Traffic
Be it ordained by the City Council or the City of Salem, as follows:
Section 1. Chapter 42 Section 57A “Parking Time Limited” is hereby amended by adding the following:
Loring Avenue in front of #540 for a distance of seventy (70) feet as marked by signs, two (2) hour parking 7:00 AM – 6:00 PM Monday through Saturday.
Section 2. This ordinance shall take effect as provided by City Charter.
#26 – AMEND SECTION 58 OF THE CITY CHARTER
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 amending Section 58 of the City Charter, relative to the Mayor chief executive officer, election; term of office to be changed to four years, and that the City Solicitor and City Clerk be invited.
#27 – AMEND SECTION 59A OF THE CITY CHARTER
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 amending Section 59A of the City Charter relative to Vacancy in the office of the Mayor by death, removal or resignation at any time in the first year be changed to the first three years of the term ending December 31st.
Also amend the following: if a vacancy occurs during the second year be changed to the fourth year of the term beginning January first, and that the City Solicitor and City Clerk be invited.
#28 – SUPPLEMENTAL BUDGET REQUEST FOR SPLAINE PARK REHABILITATION PROJECT
Councillor Turiel 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 the Splaine Park rehabilitation project and proposed supplemental budget request submitted in the attached letter from the Mayor.
(Letter can be viewed in the office of the city clerk during normal working hours)
#29 - (#734 - #736) GRANTING LICENSES
Councillor O’Keefe 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 license be granted:
JUNK DEALER Newark Recycled Fibers, 53 Jefferson Ave., Salem
SEAWORMS Jose Machado, 138 Lynnfield St., Peabody
SECOND HAND Witch City Consignment, 301 Essex St., Salem
VALUABLE Harvest of Hope, 13 Franklin St., Salem
Game Stop, 440 Highland Ave., Salem
RJ Coins & Jewelry, 68 Wharf St., Salem
#30 – PETITION FROM NATIONAL GRID FOR CONDUITS AND REMOVE POLES ON BRIDGE, BOSTON AND GOODHUE STREETS
A hearing was ordered for January 23, 2014, on the petition from National Grid to install conduits and remove poles on Bridge/Boston/Goodhue Streets. And that the Planner, Mayor and City Electrician be invited.
#31 – REQUEST FOR PARKING FROM FREE MASONS FOR BLOOD DRIVE
A request from Free Masons for use of free parking metered spaces on Washington Street to hold their blood drives on February 13, 2014, April 9, 2014, June 11, 2014 and August 14, 2014, was granted.
#32 – CHANGE OF STORE NAME FOR SECOND HAND VALUABLE LICENSE
A request from Jacqueline Satin to change name of Second Hand Valuable License from Pickering Wharf Antiques Gallery to Jacqueline A. Satin, was received and placed on file.
#33 – CANCER WALK
A request from North Shore Medical Center to hold their annual Cancer Walk and use of City Streets on June 22, 2014, was granted.
#34 - #35 LICENSE APPLICATIONS
The following license applications were granted:
PUBLIC GUIDES Fran Marrow, 12 Strawberry Hill Lane, Danvers
Brigitta Amsler, 286 Ocean Ave., Marblehead
Tammy Harrington, 21 Chase St., Beverly
Douglas Pilkington, 167 Haverhill St., Rowley
Robert Anthony, 37 Boardman St., Salem
James Morfis-Gass, 123 Lynn St., Peabody
Kathryn Spencer, 132 Essex St., Salem
Max Sklar, 95 Asbury St., S. Hamilton
Amey Butler, 14 Hunt St., Danvers
Francis Pelletier, 24 Irving St., Salem
Jonas Cain, 24 Lynde St., Salem
Robert Sant Fournier, 5 Crescent Ct., Beverly
Jeffrey Howard, 14 Proctor St., Gloucester
Fotini Manolakos, 1 Winter Island Rd., Salem
PJ Maguire, 102 Shanley Dr., Attleboro
Joyce Harrington, 27 Grant Rd., Salem
Deborah Pantazelas, 8 Michael Dr., Danvers
Carole Hartling, 37 Highlands, Marblehead
TAXI OPERATORS Maximinio Chalas, 32 School St., Salem
Sandy Gil, 38 Mason St., Salem
Christal Gould, 678 Washington St., Lynn
Julio Jimenez, 16C Eastman Park, Peabody
Cynthia Fox, 56 Margin St., Salem
Hipolito Ozoria, 10 Porter St., Salem
David Mirabal, 8 Sherman St., Peabody
Alejandro Pena, 32 Washington St., Peabody
Cristhian Tejada, 11 Mason St., Salem
Jose Lopez, 16 Mason St., Salem
Tammy Mejia, 106 Boston St., Salem
Rafael Moya, 5A Ropes St., Salem
#36 - #40 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
JUNK DEALER Frederick Hutchinson, 15 Robinson Rd., Salem
PAWNBROKER Salem Loan & Jewelry, 133 Washington St., Salem
SECOND HAND Modern Mille, 3 Central St., Salem
CLOTHING
SECOND HAND Treasures Over Time, 139 Washington St., Salem
VALUABLE Salem Coin & Jewelry, 149 North St., Salem
Five Hands Curiosity Shoppe, 2 North St., Salem
TAG DAYS S.H.S. Boys Basketball, Feb. 1, 2014 & Feb. 15, 2014
S.H.S. Percussion and Colorguard, Feb. 22, 2014
S.H.S. Concert Band, May 31, 2014
#41 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator licenses were granted:
Atlantic Paving Corp., 119R Foster St., Peabody
Bartlett & Steadman Co. Inc., 67R Village St., Marblehead
Caruso Corp, 32 Charger St., Revere
Caruso & McGovern Const. Inc., 1 Industrial Way, Georgetown
DeIulis Brothers Construction Co., 31 Collins St. Terr., Lynn
Diaz Construction Co. Inc., 190 Bodwell St., Avon
DiBiase Corporation, 749 Lowell St., Lynnfield
J. Derenzo Co., 338 Howard St., Brockton
J.J. O’Brien & Sons, Inc., 5 Fern St., Waltham
J. Masterson Construction Corp., 46 Prince St., Danvers
James W. Flett Co. Inc., 800 Pleasant St., Belmont
Joseph P. Cardillo & Son, Inc., 1 Melvin St., Wakefield
K&B Excavating, 105 Mason St., Salem
Licenses Cont’d Next Page
Licenses Continued
Meninno Construction Co. Inc., 76 Oakville St., Lynn
Mirra Co., 6 Norino Way, Georgetown
N. Granese & Sons, Inc., 59 Jefferson Ave., Salem
New Hampshire Boring, 40 Fordway St., Derry, NH
Peterson Construction, 210 Broadway, Lynn
Pumel Enterprises, Inc., 37 Baker Rd., Salisbury
R.B Strong Excavating & Sewerage,122 Western Ave. Gloucester
Spencer Contracting, 101C Foster St., Peabody
TDS, Inc., 2 Peter Dr., Sterling
Village Construction Co. Inc., 196B Pleasant St., Marblehead
W.L. French Excavating, 3 Survey Cir., North Billerica, MA
Wes Construction Corp., 650 Industrial Dr., Halifax
#42 - #44 - CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs:
Peter Page, 49 Warren St., Salem
Timothy Foley, 45 Franklin St., Lynn
Richard Bergeron, 9 Berrywood Lane, Salem
#45 - #46 BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved:
CONSTABLE: Thomas Burke, 114 Linden St., S. Hamilton
DRAINLAYER: Caruso Corp, 32 Charger St., Revere
New Hampshire Boring, 40 Fordway St., Derry, NH
K&B Excavating, 105 Mason St., Salem
J. Derenzo Co., 338 Howard St., Brockton
DiBiase Corporation, 749 Lowell St., Lynnfield
(#728) – SECOND PASSAGE ORDINANCE AMENDING DOG LICENSE FEE
The matter of second and final passage of an Ordinance amending License Fee for dogs was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 7:55 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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