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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
January 8, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on December 30, 2014 at 9:46 A.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President Sargent presided.
Councillor Milo moved to dispense with the reading of the record of the previous meeting.
It was so voted
President Sargent requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
1. Teasie Riley-Goggin – 9 Wisteria Street – Traffic Ordinance 111 North Street, Board of Health decrease in members, Martin Luther King Day March on January 19th.
(#679 of 2014) APPOINTMENT OF MARC BERUBE TO THE BEAUTIFICATION COMMITTEE
Held from the last meeting, the Mayor’s appointment of Marc Berube to serve as a member of the Beautification Committee with a term to expire on March 1, 2018, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
Councillor Famico requested and received unanimous consent for suspension of the rules to allow Mr. Berube to speak.
#4 - CONSTABLE
The Mayor’s appointment of David Desrosiers to serve as a Constable with a term to expire on November 20, 2015, was received and placed on file.
#5 – CONSTABLE
The Mayor’s reappointment of Manuel Rabbit to serve as a Constable with a term to expire on September 13, 2015, was received and placed on file.
#6 – CONSTABLE
The Mayor’s reappointment of John Ruehrwein to serve as a Constable with a term to expire on December 10, 2017, was received and placed on file.
#7 – APPROPRIATION OF VACATION/SICK LEAVE BUYBACK FOR PAUL TUCKER
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Eighty Thousand Six Hundred and Ninety-Three Dollars and Seventy-Four Cents ($80,693.74) is hereby appropriated in the “Retirement Stabilization Vacation/Sick Leave Buyback” account to be expended for Fiscal Year 2015 contractual buyback for Paul Tucker of the Police Department in accordance with the recommendation of Her Honor the Mayor.
#8 – APPROPRIATION FOR “CEMETERY – BURIAL” ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Six Thousand Six Hundred and Sixty Dollars ($6,600.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” to the “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor.
#9 – DONATION TO POLICE DEPARTMENT K-9 DONATION FUND
The following Order recommended by the Mayor was adopted.
ORDERED: To accept a donation from Salem Saves Animals in the amount of One Thousand Five Dollars ($1,500.00). These funds will be deposited into the K-9 Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#10 – DONATION TO VETERANS’ DEPARTMENT
The following Order recommended by the Mayor was adopted.
ORDERED: To accept a donation from Disabled American Veterans organization in the amount of One Thousand Dollars ($1,000.00) to benefit local veterans in need. These funds will be deposited into the Veterans Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#11 – HOME RULE PETITION FOR LIQUOR
The following Order recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to be held on January 26, 2015 at 6:00 P.M.
ORDERED:
That a petition to the General Court, accompanied by a bill for a certain additional liquor license notwithstanding the provisions of Section 17 of chapter 138 of the General Laws as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition:
AN ACT authorizing the City of Salem to issue additional licenses for the sale of alcoholic beverages.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Salem may grant 1 additional license for the sale of all alcoholic beverages to be drunk on the premises under section 12 of said chapter 138 to Cinemaworld of Florida, Inc., to be located at 355-373 Highland Avenue in the city of Salem. The license shall be subject to all of said chapter 138 except section 17.
Notwithstanding any general or special law, or any rule or regulation to the contrary, the alcohol licensing authority of the city of Salem shall not approve the transfer of the license to any other location. The license may be granted by the alcohol licensing authority of the city of Salem at the same location if an applicant for the license files with the authority a letter in writing from the department of revenue and from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions.
If the license granted under this section is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the alcohol licensing authority of the city of Salem.
Notwithstanding section 17 or chapter 138 of the General Laws or any other general or special law to the contrary, the alcohol licensing authority of the city of Salem may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
SECTION 2. (a) The fee charged by the city of Salem for the issuance of a new license issued pursuant to this act shall be paid by the licensee to the city in full at the time of issuance, unless the licensing authority agrees to enter into an arrangement with the recipient of a license which would enable the fee to be divided into multiple payments or prorated over multiple periods of time.
(b) If the city of Salem charges a fee for the new license pursuant to this act which is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city, then the city shall deposit the fee into its special economic development account established for the deposit of revenue from additional alcoholic beverage licenses issued pursuant to special acts and the fee charged shall be expended by the city in a manner consistent with the purposes of the account.
SECTION 3. This act shall take effect upon its passage
#12 – RESOLUTION FOR LEO MENDOSA, JR.
Councillor Furey introduced the following Resolution which was adopted.
RESOLUTION:
WHEREAS: This is about a compassionate and humble individual named Leo Mendosa Jr., who gives from the heart to those less fortunate; and
WHEREAS: Through an unfortunate series of personal tragedies, Leo Mendosa Jr. found himself homeless and living in a shelter. But the story doesn’t end here. Leo Mendosa Jr. picked himself up and found work and is now living in a rooming house in Salem; and
WHEREAS: Leo Mendosa Jr. never forgot what it was like to be alone and hungry. For the past eight years Leo Mendosa Jr. makes Thanksgiving dinner for those who live in his building, who would not otherwise share in a meal with family or friends. He does this taking from no one and using his own money to give a hot meal to his fellow man.
WHEREAS; It is said that we are all one paycheck away from hunger and homelessness. This unselfish giving should not go unnoticed. His generosity is an example for all of us, though he would not seek praise or recognition.
NOW THEREFORE BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SALEM honors this caring and giving man Leo Mendosa Jr., with our heartfelt appreciation for his humanitarian efforts on behalf of this City.
AND BE IT FURTHER ORDERED THAT THE CITY COUNCIL makes this Resolution a matter of record of these proceedings, and that a suitable copy along with the City Seal be presented to Mr. Leo Mendosa Jr.
#13 – ORDINANCE TRAFFIC HANDICAP PARKING PERKINS STREET
Councillor McCarthy introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and fifteen
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, “Handicapped Parking Limited Time” is hereby amended by adding the following street:
Perkins Street, in front of #36 for a distance of twenty (20) feet, “Handicapped Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#14 – ORDINANCE TRAFFIC HANDICAP PARKING REPEAL HOWARD STREET
Councillor Gerard introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and fifteen
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, “Handicapped Parking Limited Time” is hereby amended by adding the following street:
REPEAL Howard Street in front of #50 for a distance of twenty (20) feet, “Handicapped Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#15 – ORDINANCE TRAFFIC HANDICAP PARKING DEARBORN STREET
Councillor Gerard introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and fifteen
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, “Handicapped Parking Limited Time” is hereby amended by adding the following street:
Dearborn Street, in front of #12 for a distance of twenty (20) feet, “Handicapped Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#16 – ORDINANCE TRAFFIC PARKING TIME LIMITED UNMETERED ZONE NORTH STREET
Councillor Gerard introduced the following Ordinance, which was withdrawn.
In the year two thousand and fifteen
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 57A “Parking Time Limited, Unmetered Zone” is hereby amended by adding the following street:
North Street, westerly side in front of #111, thirty minute parking between driveways of 111 North Street. “Parking Time Limited, Unmetered Zone”
Section 2. This ordinance shall take effect as provided by City Charter.
#17 – REDUCE THE NUMBER OF MEMBERS OF BOARD OF HEALTH
Councillor Gerard introduced the following Order, which was referred to the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole.
ORDERED: That the City Council reduce the number of members of the Board of Health from seven to five members.
#18 – MONTHLY FINANCIAL REPORT
Councillor Turiel introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated November 30, 2014 be referred to the Committee on Administration and Finance.
#19 – ORDINANCE TRAFFIC HANDICAPPED PARKING GLOVER STREET
Councillor Turiel introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and fifteen
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 “Handicapped Parking Limited Time” is hereby amended by adding the following street:
Glover Street in front of #9 for a distance of twenty (20) feet, “Handicapped Parking Tow Zone”
Section 2. This ordinance shall take effect as provided by City Charter.
#20 – COMPREHENSIVE ANNUAL FINANCIAL REPORT AND REPORT FROM POWERS & SULLIVAN, LLC
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the Finance Departments Comprehensive Annual Financial Report and the Report from Powers & Sullivan, LLC dated June 30, 2014, be received and placed on file.
#21 – ORDINANCE AMENDING COMPENSATION OF THE CITY COUNCIL
Councillor Eppley introduced the following Ordinance which was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
In the year two thousand and fifteen
An Ordinance to amend an ordinance relative to City Council, Compensation of members; additional compensation for president
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 2 Section 2-271 City Council, Compensation of members; additional compensation for president be amended as follows:
The members of the City Council shall receive an annual salary equal to $10,000. Beginning on January 1, 2016 members of the City Council shall receive an annual salary equal to $12,000. The president of the City Council shall receive an additional $500.00 per annum. Any and all future increases to City Council compensation shall not take effect until the first of January after a regularly scheduled municipal general election.
Section 2. This Ordinance shall take effect as provided by City Charter.
#22 – TAXI OPERATOR LICENSE DENIAL
Councillor Siegel introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the attached correspondence received by Police Traffic and Attorney Morris relative to Ramon Espinal’s taxi operator license.
#23 – (#706 - #710) GRANTING LICENSES
Councillor Siegel 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 granting certain licenses has considered said matter and would recommend that the following licenses be granted
JUNK DEALER Frederic Hutchins, 15 Robinson Rd., Salem
SEAWORM Tomohiro Shiraishi, 58 Everett St., East Boston
SECOND HAND Boston St. Resale, 134 ½ Boston St., Salem
CLOTHING Re-Find LLC, 244 Essex St., Salem
Re-Find LLC, 72 Washington St., Salem
Modern Millie, 3 Central St., Salem
SECOND HAND Once & Again, 45 Bridge St., Salem
VALUABLE
TAG DAY S.H.S. Gymnastics, 1/18/15 & 2/7/15
#24 – MARTING LUTHER KING FREEDOM MARCH
The petition from Salem State University Diversity & Multicultural Affairs for the use of city streets on Monday, January 19, 2015 to hold a MLK Freedom March starting at 5:45 P.M., was granted.
#25 – HAWC WALK
The petition from HAWC to hold a walk and use of city streets on Sunday, April 26, 2015 starting at Noon, was granted.
#26- #27 – GRANTING LICENSES
The following license applications were granted.
PUBLIC GUIDES: Patrick Curran, 9 Rockland Rd., Danvers
Jeffrey Swartz, 10 Geneva St. Salem
Deborah Pantazelos, 8 Michael Dr., Danvers
Joshua Myers, 35 Daniels St., Salem
William Sano, 35 Daniels St.,Salem
Thomas Vallor, 100 Washington St., Salem
Tammy Harrington, 21 Chase St., Beverly
Amey Butler, 14 Hunt St., Danvers
Ronald Olson, 154 Lafayette St., Marblehead
Jonas Cain, 11 Harbor St., Salem
William Clemens, 49 Summer St., Danvers
Brenda Canady, 7 Andrew St., Salem
Shannon Mary O’Donnell, 71 Leach St., Salem
Carole Hartling, 37 Peach Highlands, Marblehead
Cheryl McDonald, 61 Pierce Ave., Dorchester
Maxfield Sklar, 56 Ward St., Salem
Robert Sant Fournier, 5 Crescent Court, Beverly
Joyce Harrington, 27 Grant Rd., Salem
Scott Aden, 14 Winthrop Shore Dr., Winthrop
John J. Feeley, Jr., 25 South Shore Rd., Holbrook
Tyler Carlton, 313 Essex St., Salem
TAXI OPERATORS: Barry Neeley, Jr., 15 Lynde St., Salem
Michael Neely, 5 Pilgrim Rd., Marblehead
John Calley, 618 Essex Ave., Gloucester
Hipolito Ozoria, 10 Porter St., Salem
Juan Nunez, 11 Mason St., Salem
Cristhian Nunez, 11 Mason St., Salem
Andrew Jimenez, 109 Congress St., Salem
Matthew Madden, 36 Cedar St., Salem
Rafael Moya, 5A Ropes St., Salem
#28 – TAXI OPERATOR
The following license application was denied.
TAXI OPERATOR: Adonis Diaz, 2 Park St., Salem
#29 – TAXI OPERATOR DENIAL
A request for a hearing from Adonis Diaz on the denial of his taxi operator license, was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.
#30 - #33 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PAWNBROKER Salem Loan & Jewelry, 133 Washington St., Salem
SECOND HAND Mighty Aprodite Maternity Consignment, 10 Colonial Rd., Salem
CLOTHING
SECOND HAND Hedrington’s, 61 Wharf St., Salem
VALUABLES Marine Arts Gallery, 135 Essex St., Salem
RJ Coins & Jewelry, 68 Wharf St., Salem
Salem Loan & Jewelry, 133 Washington St., Salem
Treasures Over Time, 139 Washington St., Salem
Witch City Consignment, 301 Essex St., Salem
TAG DAYS Salem Veterans Council, July 1, 2, 3 & 4, 2015
Veterans of Foreign War, May 22-25, 2015 & Nov. 8-11, 2015
Disabled American Veterans, May 15-18, 2015 & Nov. 4-7, 2015
#34 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The follow Drainlayer/Contract Operator License applications were granted.
Atlantic Paving Corp., 119R Foster St., Peabody
Bartlett & Steadman Co. Inc., 67R Village St., Marblehead
Caruso & McGovern Construction Inc., 1 Industrial Way, Georgetown
Ciciotti Construction, LLC, 145 Burrill St., Swampscott
DiBiase Corporation, 749 Lowell St., Lynnfield
Geologic Earth Exploration Inc., 7 Sherwood Dr., Norfolk
K&B Excavating, 105 Mason St., Salem
Meninno Construction Co., Inc., 76 Oakville St., Lynn
Mirra Co. Inc., 6 Norino Way, Georgetown
Peterson Construction, 210 Broadway, Lynn
Thomas Mackey & Sons, Inc., 58 Broadway, Salem
Village Construction, 57 Wharf St., Salem
#35 - #36 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Judith Lazdowski, Museum Place Mall, Salem
Jared Robinson, 22 Lathrop St., Salem
#37 - #39 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: David Desrosiers, 25 Foch St., Cambridge
DRAINLAYER: Mirra Co. Inc., 6 Norino Way, Georgetown
Thomas Mackey & Sons, Inc., 58 Broadway, Salem
(#689) – SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING ABBOTT STREET
The matter of second passage of an Ordinance relative to Traffic, “Handicapped Parking, Limited Time” Abbott Street was then taken up. It was adopted for second and final passage
(#690) – SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING REPEAL WINTHROP STREET
The matter of second passage of an Ordinance relative to Traffic “Handicapped Parking Limited Time” Repeal Winthrop Street was then taken up. It was adopted for second and final passage.
(#692) – SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING STATION ROAD
The matter of second passage of an Ordinance relative to Traffic “Handicapped Parking Limited Time” Station Road was then taken up. It was adopted for second and final passage.
(#695) – SECOND PASSAGE ORDINANCE TRAFFIC, TOW ZONE PRATT STREET
The matter of second passage of an Ordinance relative to Traffic “General Prohibition, Towing Zone” Pratt Street was then taken up. It was adopted for second and final passage.
(#701) – SECOND PASSAGE ORDINANCE AMENDING CH. 16 ARTICLE III, SECTION 110 FISHING IN GREENLAWN CEMETERY; PENALTY FOR VIOLATION
The matter of second passage of an Ordinance relative to “Fishing in Greenlawn Cemetery; penalty for violation” was then taken up. It was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 7:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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