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MINUTES- 10-09-2014
“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.”

Assistive Listening System Now Available for City Council Meetings.
Those interested in utilizing these devices for meetings at 93 Washington Street may contact the City Clerk Cheryl LaPointe at 978-619-5610 or clapointe@salem.com.

A Regular Meeting of the City Council held in the Council Chamber on Thursday,
October 9, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 2, 2014 at 6:28 P.M.  This meeting is being taped and is live on S.A.T.V.   

        
       All Councillors were present.

       Council President McCarthy presided.


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


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

      Councillor  O’Keefe    Moved suspension of the rules to allow the Mayor to address the City
       Council to present an update regarding the Community Life Center. It was so voted


PUBLIC TESTIMONY

  • Marie V. Sweetland – 40R Highland Ave. #617, Salem – Traffic on Highland Avenue
  • Jacqueline Bond – 11 Church St. #217, Salem – Noise on Essex Street
  • James R. Willis Jr. – 18 Pingree St. #1 – Noise on Essex Street
  • Jared Robionson – 22 Lathrop St. – Noise on Essex Street
  • Robert Goss-Kennedy – 10 Bentley St. – Noise on Essex Street
  • Phil Wyman – 15 Clifton Ave. #1 – Amplification Ban
  • Scott Dullea, Esq. – 36 Dane Street – Amplification Ban
  • Paul Duffy – 221 Ocean St., Lynn – Amplification Ban
  • Adam Zampino – 18 Intervale Rd., Salem – Amplification Ban
  • Art Ingemi – 168 Essex St., Salem – Amplification Ban
  • Kenneth Glover – 20 Essex St., Beverly – Amplification Ban
  • Philip Brown – 190 Lafayette St. #117, Salem – Amplification Ban
  • Matt Pawlyk – 33 Japonica St., Salem – Grandfather present Chicken owners
  • Kristi & Kevin Cordy – 1 Orchard Terr., Salem – Urban Agriculture Ordinance
  • Briana C. Paquin – 11 English St., Salem – Amplification Ban
  • Daniel P. Kupka – 89 Congress St. Rm 105, - Amplification Ban
  • Lea Benson – 19 Pickman St. – Poultry Ordinance
  • April Alario – 29 Osborne St., - Amplification Ban
  • Linda Stark – 11 Church St. #305 – Amplification Ban
  • MaryLou Lord – 1 Willow Ave., Salem – Amplification Ban


(#547) – APPOINTMENT OF PETER A. COPELAS TO ZONING BOARD OF APPEALS

Held from the last meeting, the Mayor’s appointment of Peter A. Copelas, 40 Warren St., from an alternate member to a full time member of the Zoning Board of Appeals with a term to expire on March 1, 2015 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.



#570 – APPROPRIATION FOR REPAIR OF BERTRAM FIELD

        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 Three Hundred Thousand Dollars ($300,000.00) is hereby appropriated within the “Capital Outlay – Renovation & Repair” account to be expended for the repair of Bertram Field upgrades by the School Department in accordance with the recommendation of Her Honor the Mayor.



#571 – APPROPRIATION FOR URBAN DESIGN AND PLANNING STUDY FOR ARTIST ROW

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

ORDERED: That the sum of Seventeen Thousand Dollars ($17,000.00) is hereby appropriated within the “Capital Outlay – Renovation & Repair” account to be expended for the Urban Design and Planning study for Artist Row by the Planning Department in accordance with the recommendation of Her Honor the Mayor.


#572 – APPROPRIATION FOR VACATION / SICK LEAVE BUY BACK OF RODNEY COMEAU

        The following Order recommended by the Mayor was adopted under suspension of the rules by a roll call vote of 8 yeas, 1 nay, 0 absent, 2 present. Councillors Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel and McCarthy were recorded as voting in the affirmative. Councillor Eppley was recorded as voting in the negative. Councillors Famico and Turiel were recorded as present.

        ORDERED: That the sum of Sixty-Five Thousand One Hundred and Thirty Eight Dollars and Fifty Cents ($65,138.50)  is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the Fiscal Year 2015 contractual buyback of Rodney Comeau of Police  Department in accordance with the recommendation of Her Honor the Mayor.


#573 – APPROPRIATION FOR VACTION / SICK LEAVE BUYBACK FOR SCHOOL DEPT. EMPLOYEES

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


ORDERED: That the sum of Fifty Eight Thousand Seven Hundred and Twenty-Six Dollars and Forty Cents ($58,726.40) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the Fiscal Year 2015 contractual buyback listed below in accordance with the recommendation of Her Honor the Mayor:

                Carol Carr                      $28,912.80

                Loretta Cannistraci             $29,813.60


#574 – APPROPRIATION FOR VACTION / SICK LEAVE BUYBACK OF PARKING DIRECTOR

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


ORDERED: That the sum of Six Thousand and Fourteen Dollars and Twenty-Seven Cents ($6,014.27) is herby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the Fiscal Year 2015 contractual buyback on the retirement of Jim Hacker of the Parking Department.


#575 -  ACCEPT MASS. GENERAL LAW CH. 44 SECTION 53E ½ FOR COUNCIL ON AGING

The following Order recommended by the Mayor was adopted.

ORDERED: That the City of Salem request the adoption of Council on Aging Programs revolving account in accordance with M.G.L. Ch. 44 Sec. 53E ½ which authorizes special purpose revolving accounts in accordance with the recommendation of Her Honor the Mayor.



#576 – PROHIBIT AMPLIFICATION BY ANY DEVICES ON ESSEX STREET FOR MONTH OF OCTOBER

        The following Order recommended by the Mayor.

Whereas, due to the extensive growth in the number of people and the volume of noise along certain sections of Essex Street during certain days in the month of October, Particularly the pedestrian mall, the City Marshal has informed the Council of a potential public safety hazard resulting from vehicular traffic and the use of amplification noise, has made it difficult for public safety vehicles to secure passage on Essex Street and for police officers to safety vehicles to secure passage on Essex Street and for police officers to safely direct both vehicle and pedestrian traffic on the street and at the intersections , and therefore, it is herby:

ORDERED:
1) Notwithstanding the provision of City Ordinance Ch. 22 Sec. 22-2 amplification by any devices which intensifies speech, music and other sounds shall be prohibited on Essex St. including the pedestrian mall from Barton Square to Hawthorne Blvd. commending Friday October 10, 2014 and thereafter on Fridays, Saturdays and Sundays in October.

2) Also Essex Street from Hawthorne Blvd to New Liberty St. shall be closed to through vehicular traffic on all weekends (Saturday and Sundays) in October 2014 commending Saturday October 11, 2013 and on Friday October 31. Access to Museum Place Garage on these dates shall only be possible via Brown Street.

Councillor Siegel moved to divide the question. It was so voted.

Councillor Gerard recused herself and left the Council Chamber.

Councillor Eppley moved to amend the first paragraph and add to the last sentence “only at times to be determined by the Chief of Police”. It was adopted by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Eppley, Famico, Furey, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.

Councillor Famico amended to add further extending 25 feet5 in all directions”. It was adopted by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Eppley, Famico, Furey, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.


Councillor Sargent amended to add to the last sentence “at any time” and add word portable” to devices in first sentence. Amendment did not pass by roll call vote of 2 yeas, 8 nays, 1 absent. Councillors O’Keefe and Sargent were recorded as voting in the affirmative. Councillors Eppjley, Famico, Furey, Legault, Milo, Siegel, Turiel and McCarthy were recorded as voting in the negative. Councillor Gerard was recorded as absent.

        Second paragraph – Amendment “Streets closed to vehicular traffic” was adopted by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Eppley, Famico, Furey, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.


Order was adopted as amended by roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Eppley, Famico, Furey, Milo, O’Keefe, Sargent, Siegel and McCarthy were recorded as voting in the affirmative. Councillors Legault and Turiel were recorded as voting in the negative. Councillor Gerard was recorded as absent.

Whereas, due to the extensive growth in the number of people and the volume of noise along certain sections of Essex Street during certain days in the month of October, Particularly the pedestrian mall, the City Marshal has informed the Council of a potential public safety hazard resulting from vehicular traffic and the use of amplification noise, has made it difficult for public safety vehicles to secure passage on Essex Street and for police officers to safety vehicles to secure passage on Essex Street and for police officers to safely direct both vehicle and pedestrian traffic on the street and at the intersections , and therefore, it is herby:

ORDERED:
1) Notwithstanding the provision of City Ordinance Ch. 22 Sec. 22-2 amplification by any devices which intensifies speech, music and other sounds shall be prohibited on Essex St. including the pedestrian mall from Barton Square to Hawthorne Blvd. and extending beyond the boundaries for 25 feet in all directions, commending Friday October 10, 2014 and thereafter on Fridays, Saturdays and Sundays in October only at times to be determined by the Chief of Police due to public safety concerns.

2) Also Essex Street from Hawthorne Blvd to New Liberty St. shall be closed to through vehicular traffic on all weekends (Saturday and Sundays) in October 2014 commending Saturday October 11, 2013 and on Friday October 31. Access to Museum Place Garage on these dates shall only be possible via Brown Street.

A motion for immediate reconsideration in the hopes it would not prevail was denied.


#577 – ORDINANCE TRAFFIC, STOP SIGN OCEAN AVENUE

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 49 “Obedience to Isolated Stop Sign” by adding the following:

Ocean Avenue, eastbound and westbound traffic stop at Linden Street “Stop Sign”

Section 2. This Ordinance shall take effect as provided by City Charter.


#578 – ORDINANCE TRAFFIC, STOP SIGN CABOT 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 49 “Obedience to Isolated Stop Sign” by adding the following:

Cabot Street, northbound and southbound traffic stop at Hancock Street, “Stop Sign”

Section 2. This Ordinance shall take effect as provided by City Charter.

#579 – 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 certain time on certain Streets” by adding the following:

Salem Street, starting at Chase Street and running in a southerly direction for one hundred forty-four (144) feet both sides, No Parking Tow Zone, Monday through Friday school days only 7:30 AM to 3:30 PM.

Section 2. This Ordinance shall take effect as provided by City Charter.



#580 – ORDINANCE TRAFFIC, STOP SIGN MASON STREET AT TREMONT STREET

Councillor  Gerard 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 49, “Obedience to Isolated Stop Sign”,
Mason Street, northeasterly and southwesterly bound traffic stop at Tremont Street,
“Stop Sign”

Section 2. This Ordinance shall take effect as provided by City Charter.








#581  – ORDINANCE TRAFFIC, STOP SIGN MASON STREET AT FLINT STREET

Councillor  Gerard 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 49, “Obedience to Isolated Stop Sign”,
Mason Street, northeasterly and southwesterly bound traffic stop at Flint Street,
“Stop Sign”

Section 2. This Ordinance shall take effect as provided by City Charter.


#582 – CITY COUNCIL MEETINGS FOR MONTHS OF NOVEMBER AND DECEMBER

Councillor McCarthy introduced the following Order which was adopted

ORDERED:  That the regular meetings of the City Council, for the month of November and December be held on Thursday, November 20, 2014 and Thursday, December 11, 2014


#583 – RESIDENT STICKER PARKING ON ESSEX STREET

        Councillor Famico 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 Resident Sticker Parking for Essex Street from #1 through #99.









#584 – ELECTION ORDER

        Councillor O’Keefe introduced the following Order which was adopted.

CITY OF SALEM
ELECTION ORDER
STATE ELECTION
                                                        In City Council October 9, 2014


ORDERED:  That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter on Tuesday, November 4, 2014 for the purpose of casting votes in the State Election for the candidates of political parties for the following Offices and Questions:

SENATOR IN CONGRESS  . . .  .  .  .  .  . . .  .  . .  .  . .  .  . . .  FOR THIS COMMONWEALTH
        GOVERNOR AND LIEUTENANT GOVERNOR .  . . . .. . . .  . .FOR THIS COMMONWEALTH
        ATTORNEY GENERAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .FOR THIS COMMONWEALTH
        SECRETARY OF STATE . . . . . . . . . . . . . . . . . . . . . . . . . . . . FOR THIS COMMONWEALTH
        TREASURER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  FOR THIS COMMONWEALTH
        AUDITOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .  FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS.  . . . .  .  . .  .  . .  .  . . . . SIXTH CONGRESSIONAL DISTRICT
COUNCILLOR . . .  .  .  .  .  .  . . . .  .  .  .  .  . . .  .  . .  .  . .  .  . . FIFTH COUNCILLOR  DISTRICT
SENATOR IN GENERAL COURT . . .  .  .  .  .  .  . . . .  .  .  .  .  SECOND ESSEX DISTRICT
        REPRESENTATIVE IN GENERAL COURT .  .  .  .  .  .  .  .  .   SEVENTH ESSEX DISTRICT
        DISTRICT ATTORNEY.  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .   EASTERN DISTRICT
        REGISTER OF PROBATE.  .  .  .  .  .  .  .   .  .  .  .  .  .  .  .  .  .   ESSEX COUNTY
        
                
AND THE FOLLOWING QUESTIONS:

QUESTION 1: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 6, 2014?

SUMMARY
This proposed law would eliminate the requirement that the state’s gasoline tax, which was 24 cents per gallon as of September 2013, (1) be adjusted every year by the percentage change in the Consumer Price Index over the preceding year, but (2) not be adjusted below 21.5 cents per gallon.

A YES VOTE would eliminate the requirement that the state’s gas tax be adjusted annually based on the Consumer Price Index.

A NO VOTE would make no change in the laws regarding the gas tax.




QUESTION 2: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 6, 2014?

SUMMARY
This proposed law would expand the state’s beverage container deposit law, also known as the Bottle Bill, to require deposits on containers for all non-alcoholic non-carbonated drinks in liquid form intended for human consumption, except beverages primarily derived from dairy products, infant formula, and FDA approved medicines. The proposed law would not cover containers made of paper-based biodegradable material and aseptic multi-material packages such as juice boxes or pouches.

The proposed law would require the state Secretary of Energy and Environmental Affairs (EEA) to adjust the container deposit amount every five years to reflect (to the nearest whole cent) changes in the consumer price index, but the value could not be set below five cents.

The proposed law would increase the minimum handling fee that beverage distributors must pay dealers for each properly returned empty beverage container, which was 2¼ cents as of September 2013, to 3½ cents. It would also increase the minimum handling fee that bottlers must pay distributors and dealers for each properly returned empty reusable beverage container, which was 1 cent as of September 2013, to 3½ cents. The Secretary of EEA would review the fee amounts every five years and make appropriate adjustments to reflect changes in the consumer price index as well as changes in the costs incurred by redemption centers. The proposed law defines a redemption center as any business whose primary purpose is the redemption of beverage containers and that is not ancillary to any other business.

The proposed law would direct the Secretary of EEA to issue regulations allowing small dealers to seek exemptions from accepting empty deposit containers. The proposed law would define small dealer as any person or business, including the operator of a vending machine, who sells beverages in beverage containers to consumers, with a contiguous retail space of 3,000 square feet or less, excluding office and stock room space; and fewer than four locations under the same ownership in the Commonwealth. The proposed law would require that the regulations consider at least the health, safety, and convenience of the public, including the distribution of dealers and redemption centers by population or by distance or both.

The proposed law would set up a state Clean Environment Fund to receive certain unclaimed container deposits. The Fund would be used, subject to appropriation by the state Legislature, to support programs such as the proper management of solid waste, water resource protection, parkland, urban forestry, air quality and climate protection.

The proposed law would allow a dealer, distributor, redemption center or bottler to refuse to accept any beverage container that is not marked as being refundable in Massachusetts.

The proposed law would take effect on April 22, 2015.

A YES VOTE would expand the state’s beverage container deposit law to require deposits on containers for all non-alcoholic, non-carbonated drinks with certain exceptions, increase the associated handling fees, and make other changes to the law.

A NO VOTE would make no change in the laws regarding beverage container deposits.

QUESTION 3:  LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 6, 2014?

SUMMARY
This proposed law would (1) prohibit the Massachusetts Gaming Commission from issuing any license for a casino or other gaming establishment with table games and slot machines, or any license for a gaming establishment with slot machines; (2) prohibit any such casino or slots gaming under any such licenses that the Commission might have issued before the proposed law took effect; and (3) prohibit wagering on the simulcasting of live greyhound races.

The proposed law would change the definition of “illegal gaming” under Massachusetts law to include wagering on the simulcasting of live greyhound races, as well as table games and slot machines at Commission-licensed casinos, and slot machines at other Commission-licensed gaming establishments. This would make those types of gaming subject to existing state laws providing criminal penalties for, or otherwise regulating or prohibiting, activities involving illegal gaming.

The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect.

A YES VOTE would prohibit casinos, any gaming establishment with slot machines, and wagering on simulcast greyhound races.

A NO VOTE would make no change in the current laws regarding gaming.



QUESTION 4:  LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on or before May 6, 2014?

SUMMARY
This proposed law would entitle employees in Massachusetts to earn and use sick time according to certain conditions.

Employees who work for employers having eleven or more employees could earn and use up to 40 hours of paid sick time per calendar year, while employees working for smaller employers could earn and use up to 40 hours of unpaid sick time per calendar year.

An employee could use earned sick time if required to miss work in order (1) to care for a physical or mental illness, injury or medical condition affecting the employee or the employee’s child, spouse, parent, or parent of a spouse; (2) to attend routine medical appointments of the employee or the employee’s child, spouse, parent, or parent of a spouse; or (3) to address the effects of domestic violence on the employee or the employee’s dependent child.  Employees would earn one hour of sick time for every 30 hours worked, and would begin accruing those hours on the date of hire or on July 1, 2015, whichever is later. Employees could begin to use earned sick time on the 90th day after hire.

The proposed law would cover both private and public employers, except that employees of a particular city or town would be covered only if, as required by the state constitution, the proposed law were made applicable by local or state legislative vote or by appropriation of sufficient funds to pay for the benefit. Earned paid sick time would be compensated at the same hourly rate paid to the employee when the sick time is used.

Employees could carry over up to 40 hours of unused sick time to the next calendar year, but could not use more than 40 hours in a calendar year. Employers would not have to pay employees for unused sick time at the end of their employment. If an employee missed work for a reason eligible for earned sick time, but agreed with the employer to work the same number of hours or shifts in the same or next pay period, the employee would not have to use earned sick time for the missed time, and the employer would not have to pay for that missed time.  Employers would be prohibited from requiring such an employee to work additional hours to make up for missed time, or to find a replacement employee.

Employers could require certification of the need for sick time if an employee used sick time for more than 24 consecutively scheduled work hours. Employers could not delay the taking of or payment for earned sick time because they have not received the certification.  Employees would have to make a good faith effort to notify the employer in advance if the need for earned sick time is foreseeable.

Employers would be prohibited from interfering with or retaliating based on an employee’s exercise of earned sick time rights, and from retaliating based on an employee’s support of another employee’s exercise of such rights.

The proposed law would not override employers’ obligations under any contract or benefit plan with more generous provisions than those in the proposed law. Employers that have their own policies providing as much paid time off, usable for the same purposes and under the same conditions, as the proposed law would not be required to provide additional paid sick time.

The Attorney General would enforce the proposed law, using the same enforcement procedures applicable to other state wage laws, and employees could file suits in court to enforce their earned sick time rights. The Attorney General would have to prepare a multilingual notice regarding the right to earned sick time, and employers would be required to post the notice in a conspicuous location and to provide a copy to employees. The state Executive Office of Health and Human Services, in consultation with the Attorney General, would develop a multilingual outreach program to inform the public of the availability of earned sick time.

The proposed law would take effect on July 1, 2015, and states that if any of its parts were declared invalid, the other parts would stay in effect.

A YES VOTE would entitle employees in Massachusetts to earn and use sick time according to certain conditions.

A NO VOTE would make no change in the laws regarding earned sick time.
                

AND BE IT FURTHER ORDERED:  That the following places be and hereby are designated as polling places for said voting:

WARD ONE
PRECINCT ONE            Bentley School, Memorial Drive
                        PRECINCT TWO            135 Lafayette Street Community Room

WARD TWO
PRECINCT ONE & TWO      St. John’s Parish Hall, St. Peter Street

WARD THREE
PRECINCT ONE & TWO       Salem High School Auditorium, 77 Willson St.

WARD FOUR
PRECINCT ONE & TWO        Witchcraft Heights School Gymnasium, 1 Frederick St.

WARD FIVE
PRECINCT ONE  & TWO       Saltonstall School Auditorium, 211 Lafayette St.


                                  WARD SIX
PRECINCT ONE                      Bates School, Liberty Hill Avenue
PRECINCT TWO                     Mack Park, Tremont Street

                                                       WARD SEVEN
PRECINCT ONE & TWO         Salem State Enterprise Center, 121 Loring Ave.


FURTHER ORDERED: That the polls for said voting be opened at 7:00 A.M. and closed at 8:00 P.M. and that the City Clerk be instructed to post this notice as required by law. Warrant must be posted by October 28, 2014, (at least seven days prior to the November 4, 2014 State Election).

                Given under our hands this __9th__ day of ___October,    2014.



#585 – (#533 &#534) TAXI OPERATOR HEARINGS

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 a hearing on the denial of a taxi operator license for Jacob Kendrick has considered said matter and would recommend that his taxi operator license be granted.


#586 – #586A (#525) CONSTRUCTION & RESOLUTION OF AN ERUV
        
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 the construction of an Eruv and approval of a Resolution has considered said matter and would recommend approval of the construction of an Eruv in certain sections of Salem (Ward 7) and also that the attached Resolution be adopted.

RESOLUTION:

WHEREAS: The Orthodox Jewish Community represents a significant, proud, and cohesive portion of the City of Salem and;

WHEREAS: In the furtherance of Jewish religious tradition, in order to enable increased observance of the Sabbath, the said community has undertaken the establishment of a ritual neighborhood enclosure (called an Eruv); and

WHEREAS: Such Eruv is symbolic in nature and does not contravene any federal, state or local law, and will not violate any existing property rights; and

WHEREAS: The establishment of such an Eruv will help to further the stability, cohesiveness, and the general welfare of the Salem are Jewish Community; and

WHEREAS: The establishment of an Eruv will serve to enhance the City of Salem and attract people to our community; and

WHEREAS: The government of the City of Salem does encourage and support the efforts to enrich and improve our community for the welfare of all our citizenry;

THEREFORE, BE IT HEREBY RESOLVED, that we, the undersigned support that the City of Salem be proclaimed an Eruv District for the symbolic purpose above stated.


#587 – PLANNING BOARD RECOMMENDATION FOR ZONING FOR URBAN AGRICULTURE

A communication from the Planning Board submitting their recommendation and amendments to the  proposed zoning for “Urban Agriculture” was referred to the Committee of the Whole.


#588 – EXTENDED HOURS OF OPERATION FOR NEW YORK FOOD MARKET

A hearing was ordered for October 23, 2014 on the petition from Ahmad Hijazi, New York Food Market, located at 21 Salem Street for extended hours of operation from 8:00 am to 3:00 am Monday-Sunday (current hours are 8:00 am to 11:00 pm Monday-Sunday)


#589 – CONDUITS ON LORING AVENUE

A hearing was ordered for October 23, 2014 on the petition from National Grid to install a conduit on Loring Ave. (SSU – Central Campus – 121 Loring Ave.)
#590 – CONDUITS NATIONAL GRID CABLE REPLACEMENT PROJECT

A hearing was ordered for October 23, 2014 on the petition from National Grid to install conduits for the Salem Cable Replacement Project for Franchise Rights (Part 1 of 2) on the following streets:  Leavitt St., Congress St., Hawthorne Blvd., Washington Sq. West, Washington Sq. South and Forrester St.,   This is a partial submission.  There are 12 streets in total.  This petition (part 1 of 2) is for six (6) of the twelve (12) streets to be submitted.


#591 – REQUEST TO DISCUSS RESIDENT STICKER PARKING PERMITS

A request from Gary Kinley to meet with the City Council to discuss resident sticker parking permits for property owners in Salem whose primary residence is in another state was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.


#592 – REQUEST TO MEET WITH COUNCIL REGARDING TRAFFIC

A request from Marie Sweetland to meet with Council to discuss traffic on Highland Avenue was Tabled.


#593 - #596 LICENSE APPLICATIONS

The following license applications were granted.

PUBLIC GUIDE:           Tyler Carlton, 313 Essex St.,#304, Salem
                Courtney Buckley, 17B Woodward Ave., Lowell
                Justin Guillemette, 12 Harvard St., Winthrop
                Kristen Higgins, 178 Littlefield Lane, Marlborough

TAXI CAB/LIMOUSINE              Tri-City Services, 55R Walnut St., Salem (Taxi)
                P.A.O., 29R Perkins St., Salem           (Limo)

TAXI OPERATOR           Jose Baez, 29R Perkins St., Salem
                Samuel Kingsley, 16 Pingree St., Salem
                Angel Falcon, 193 Fayette St., Lynn
Christopher Estevez, 14 Collins St., Peabody
                
VEHICLE FOR HIRE                Karen Lauranzano, 45 Stone St., Beverly


#597 – LICENSE DENIED

The following license application was denied.

TAXI OPERATOR           Scott Middleton, 77 Kirtland St., Lynn


#598 – REQUEST FOR HEARING

A hearing was requested from Scott Middleton on the denial of his Taxi Operator License was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.


#599 - #600 CLAIMS

The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.  
                
                                Monika Hyberts, 133 Merrimack Meadows Lane, Tewksbury
CLAIMS                  Gabriele Southgate, 24 Maynard Farm Circle, Sudbury





On the motion of Councillor O’Keefe the meeting adjourned at 10:40 P.M.



ATTEST:                                         CHERYL A. LAPOINTE
                                                                CITY CLERK