MINUTES - Regular - 5/10/2007 128 CITY OF SALEM
MAY 10, 2007
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
May 10, 2007 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on May 3, 2007 at 6.22 P.M.
All Councillors were present.
Council President Matthew Veno presided.
Councillor Pelletier moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Veno requested that everyone please rise to recite the Pledge of Allegiance.
President Veno requested and received a moment of silence in memory of Zachary
Leventis, Salem High student who recently passed away due to injuries sustained from a car
accident.
Councillor Furey requested and received unanimous consent to move out of order and go to
the Petitions portion of the meeting.
Councillor Furey requested and received unanimous consent for suspension of the rules to
allow Reverend John Sheridan, Pastor of the St. James Parish to speak.
Reverend Sheridan gave the City Council an update regarding the St. Joseph's School.
Councillor Furey moved that the matter be received and placed on file. It was so voted.
Councillor Furey moved to return to the regular portion of the meeting. It was so voted.
(#234) —APPT. OF ADIL NMILI TO THE BEAUTIFICATION COMMITTEE
Held from the last meeting of April 26, 2007, the Mayor's appointment of Adil Nmili to serve
as a member of the Beautification Committee with a term to expire April 1, 2010, was confirmed by
unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Prevey requested and received unanimous consent for suspension of the rules to
allow Mr. Nmili to speak.
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#305 —APPT. OF DAVID KNOWLTON AS CITY ENGINEER
The Mayor's appointment of David Knowlton to serve as the City Engineer for a term to
expire February 1, 2009, was held until the next regularly scheduled meeting of May 24, 2007
under the rules.
#306 —APPT. OF SUSAN ST. PIERRE TO THE PLUMMER HOME FOR BOYS BOARD OF
TRUSTEES
The Mayor's appointment of Susan St. Pierre to serve as a member of the Plummer Home
for Boys Board of Trustees for a term to expire May 1, 2012, was held until the next regularly
scheduled meeting of May 24, 2007 under the rules.
#307 —APPT. OF REBECCA CURRAN TO ZONING BOARD OF APPEALS
The Mayor's appointment of Rebecca Curran to serve as a member of the Zoning Board of
Appeals for a term to expire May 1, 2010, was confirmed under suspension of the rules by
unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Furey requested and received unanimous consent to suspend the rules to allow
Ms. Curran to speak.
#308 — RE-APPT. OF ROBIN STEIN TO ZONING BOARD OF APPEALS
The Mayor's re-appointment of Robin Stein to serve as a member of the Zoning Board of
Appeals for a term to expire May 1, 2010, was held until the next regularly scheduled meeting of
May 24, 2007.
#309 — RE-APPT. OF STEVE PINTO AS ALTERNATE MEMBER TO THE ZONING BOARD OF
APPEAL
The Mayor's re-appointment of Steve Pinto to serve as an alternate member of the Zoning
Board of Appeals for a term to expire May 1, 2010.
Councillor Sargent moved to refer the appointment to the Committee on Government
Services. The matter was referred to the Committee on Government Services by a roll call vote of
6 yeas, 5 nays, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Leary, and Blair
were recorded as voting in the affirmative. Councillors O'Keefe, Lovely, Furey, Corchado and Veno
were recorded as voting in the negative.
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#310 4311 —APPT. & REAPPT. OF CONSTABLES
The Mayor's appointment and reappointment of the following to serve as constables with
terms as follows was received and filed.
Debra Ruehwein, 32 Pine St., Wakefield, Term to expire: April 3, 2008
Brian Davis, 21 Oakhurst St., Ipswich, Term to expire: February 23, 2010
#312 —APPR. TO CEMETERY— BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Five Thousand, One Hundred Dollars ($5,100.00) is hereby
appropriated from the "Receipts Reserved — Sale of Lots" account to "Cemetery — Burial" account
in accordance with the recommendation of Her Honor the Mayor.
#313 —APPR. TO PUBLIC SERVICES — CEMETERY OIL HEAT
The following Order, recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated
from "Trust Fund — Perpetual Care Interest Income" account to the General Fund accounts listed
below in accordance with the recommendation of Her Honor the Mayor.
$3,000.00 to "Public Services — Cemetery Electricity"
$2,000.00 to "Public Services — Cemetery Oil Heat"
#314 — PERMIT FEES BE WAIVED FOR 1 HARRISON AVENUE
The following Order, recommended by the Mayor, was referred to the Committee on
Administration and Finance.
ORDERED: That the building permit and all other fees associated with the construction and
redevelopment of 1 Harrison Avenue be waived.
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#315 — SPECIAL MUNICIPAL EMPLOYEES — ZONING BOARD OF APPEALS
The following Order, recommended by the Mayor, was referred to the Committee on
Ordinances, Licenses and Legal Affairs and co-posted with the Committee of the Whole.
ORDERED: That the members of the Zoning Board of Appeals are hereby designated as
Special Municipal Employees under the provisions of M.G.L. Chapter 268A.
#316 — MAYOR MAKE PRESENTATION RELATIVE TO HALLOWEEN & TOURISM
A communication from the Mayor requesting to make a presentation to the Council
regarding tourism and Halloween related activities was referred to the Committee of the Whole.
Councillor O'Leary amended to include information regarding the Salem Ferry. It was so
voted.
Councillor Pelletier amended to invite Mr. Walker from Water Transportation. It was so
voted.
#317 - PARKING BOARD RECOMMENDATIONS FOR THE DOWNTOWN
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
the implementation of the recommendations of the Parking Board relative to addressing the
downtown parking problems and that the members of the Parking Board be invited.
#318 — TRIAL PERIOD — STOP SIGN BUTLER STREET
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division institutes the following temporary traffic
regulations for a trial period of up to sixty (60) days.
Chapter 42, Section 49, "Obedience to Isolated Stop Signs."
Butler Street at the intersection with Rawlins Street both directions, "Stop Sign", Trial Period
Sixty (60) days.
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#319 — TRIAL PERIOD — STOP SIGN SABLE ROAD & DIBIASI STREET
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division institutes the following temporary traffic
regulations for a trial period of up to sixty (60) days.
Chapter 42, Section 49, "Obedience to Isolated Stop Signs."
Dibiasi Street at the intersection with Sable Road and Sable Road at the intersection with
Dibiasi Street, "Stop Sign", Trial Period Sixty (60) days.
#320 —YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated April 30, 2007 be received and
placed on file.
#321 — POLLING LOCATION FOR WARD 7, PRECINCT 1
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the voting location for Ward 7, Precinct 1, shall be relocated from the Fire
Station on Loring Avenue to the Salem State College, Public Safety Building, Central Campus at
73 Loring Avenue.
#322 — ORDINANCE TRAFFIC, PROHIBITED MOVEMENTS NORTH STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 49A,
"Prohibited Movement"
Be it ordained by the City Council of the City of Salem, as follows:
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Section 1. Prohibited Movements, Egress from driveway located at #105 North Street, "No
Left Turn"
Section 2. This Ordinance shall take effect as provided by City Charter.
#323 — ORDINANCE TRAFFIC, RESIDENT STICKER PARKING, STORY ROAD & LAURIER
ROAD
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 75, "Parking
Prohibited, Resident Sticker"
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Story Road, both sides in its entirety, "Resident Sticker Parking, Tow Zone" and
Laurier Road, northerly side in its entirety, Zone D, Color Yellow, "Resident Sticker Parking.
Councillor O'Leary assumed the chair.
#324 — COUNCIL MEETINGS FOR MONTHS OF JULY & AUGUST
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the regular meetings of the City Council, for the month of July and August
be combined and held on Thursday, July 12, 2007.
#325 — DOUBLE POLE ISSUES IN SALEM
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That representatives of National Grid, Verizon and ComCast be invited to a
meeting of the Committee on Government Services to discuss the double pole problem that
continues to plague South Salem. Further, that John Giardi be invited.
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#326 — RESOLUTION MORATORIUM OF PRACTICES OF COMMERCIAL & SCIENTIFIC
WHALING
Councillor Veno introduced the following Resolution, which was adopted.
RESOLUTION:
Whereas, during the past century, many populations of great whales were hunted to the
brink of extinction by commercial whaling; and
Whereas, in the middle to late nineteenth century, Salem Ships plied the waters of
Massachusetts Bay and Cape Cod Bay hunting whales, and contributed to the over-fishing
of these majestic creatures; and
Whereas, in response to this crisis, an international body convened in the mid-1980's and
declared a global moratorium on commercial whaling, so that whales could propagate
unmolested and regenerate their populations; and
Whereas, under the cover of a scientific research exemption, the government of Japan
ignores this moratorium, claiming that the hunts are employed strictly to collect important
data and to help manage whale populations, a claim called into question by the appearance
of whale meat in Japanese fish markets and restaurants; and
Whereas, in the face of an international condemnation of the practice of scientific whaling;
the Japanese government announced an expansion of its whaling program, including the
killing of 50 humpback whales, the iconic species on which many whale watching operations
in New England, and around the world, are based; and
Whereas, the governments of Iceland and Norway have both resumed scientific and
commercial whaling in addition to the much larger operations of Japan, undermining the
spirit and intent of multilateral environmental, conservation and fisheries agreements;
Now, Therefore Be It Resolved, That the City of Salem expresses grave concern about the
practices of commercial and scientific whaling, urges the Government of Japan, Iceland and
Norway to cease the practice and calls upon the Government of the United States to use its
political power as a global leader and member of the International Whaling Commission to
persuade those nations still conducting commercial and scientific whaling operations to end
their hunts, to persuade those nations that have joined the International Whaling
Commission in recent years to actively support whale conservation rather than any
resurgence of commercial whaling, to support the strengthening of the International
Convention for the Regulation of Whaling, and to continue to declare and demonstrate its
support for the moratorium on commercial whaling at the International Whaling Commission
and other international forums.
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Councillor Veno assumed the chair.
#327 — (#296 -#302) — GRANTING CERTAIN 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
be granted.
PUBLIC GUIDE Bruce D. Bateman, 74 Forest Road, Salisbury
Norah Kyle, 1665 Commonwealth Ave. #4, Brighton
TAG DAY S.H.S. Girls Soccer, Sept. 1, 2007 & Sept. 16, 2007
Salem Football Team, September 8, 2007
Salem Football Team, October 27, 2007
Salem Football Team, November 3, 2007
TAXI OPERATOR Donald Luis, Jr. 103 Central St., Peabody
Ike Silverhardt, 29 Broadway, Beverly
David Terry, 72 Rose St., Revere
William Morgan, 176 Rantoul St., Beverly
John Eliuk, 3 Bresnahan St., Peabody
Domingo Perez, 12 Pope St., Salem
Mauro Fernandez, 34 Prince St., Salem
#328 — (#803 of 2006) DISABILITY BENEFITS FOR VETERANS
Councillor Prevey offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation by roll call vote of 9
yeas, 2 nays, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Leary, O'Keefe,
Lovely, Furey and Blair were recorded as voting in the affirmative. Councillors Corchado and Veno
were recorded as voting in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
The Committee on Administration and Finance to whom was referred the matter of Disability
Benefits for Veterans, has considered said matter and would recommend approval.
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#329 — (#861 of 2006) -ACCEPTANCE OF MGL CH. 44, SEC. 53F1/2 TO CREATE A SOLID
WASTE FUND
Councillor Prevey offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation by roll call vote of 6
yeas, 5 nays, 0 absent. Councillors Sargent, Prevey, Pelletier, O'Keefe, Furey and Veno were
recorded as voting in the affirmative. Councillors Sosnowski, O'Leary, Lovely, Corchado and Blair
were recorded as voting in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
The Committee on Administration and Finance to whom was referred the matter of
Acceptance of Masschusetts General Law Chapter 44, Section 53F1/2 to create an enterprise fund
for solid waste, has considered said matter and would recommend approval.
#330 — COMMUNICATION FROM CITY PLANNER RELATIVE TO ZONING
A communication from the City Planner, Lynn Duncan, advising the City Council that the
Planning Board has taken no action on the Adult Zone Zoning Amendment within the twenty one
day period was received and filed.
#331 — REQUEST FROM REV. SHERIDAN OF ST. JAMES PARISH REGARDING ST. JOSEPH
SCHOOL
A request from Rev. John Sheridan Pastor of St. James to speak with Council regarding St.
Joseph School was received and filed.
#332 — REQUEST FROM TRI CITY SERVICES REGARDING TAXI FARES
A request from Tri City Services to meet with City Council to discuss increasing taxi fares
was referred to the Committee of the Whole.
#333 — CONDUITS ON CANAL ST., JEFFERSON AVE., MARGIN ST. & MILL ST.
A hearing was ordered for May 24, 2007, on the petition of National Grid for conduits on
Canal Street, Jefferson Avenue, Margin Street and Mill Street.
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#334 — BLOCK PARTY
The request of the residents of Scenic Avenue for a block party on July 21, 2007 with a
raindate of July 22, 2007, was granted.
#335 -#337 — LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
LIMOUSINE Payero Car Services, 19 Park St., Salem (1)
Salem Car Service, 12 Mt. Vernon St., Salem (1)
Javier Car Service, 12 First St., Salem (1)
PUBLIC GUIDE Shane Bell, 47 Leavitt St. #L-2, Salem
TAXI OPERATOR S. Gregory Jamieson, 43 Roslyn St. #2, Salem
Steven Farris, 225 Newbury St., Danvers
Jaime Lopez, 49 E. Park Ave., Lynn
Melanie Dukas, 641A Hale St., Beverly
Michael Paciulli, 50 Jenness St., Lynn
#338 -#340 - CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal
Affai rs.
Paula Kotzamanis, 11 Fieldbrook Rd., Marblehead
Carol MacDonald, 815 The Heights at Cape Ann, Gloucester
Sherry Mann, 14 May St., Marblehead
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#341 -#343 — BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE Debra M. Ruehrwein, 32 Pine St., Wakefield
Brian Davis, 21 Oakhurst St., Ipswich
SIGN Essex Dental Medicine, 398 Essex St., Salem
(#249) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, HANDICAPPED
PARKING ZONES, PIONEER TERRACE
The matter of second and final passage of an ordinance amending Traffic, Handicapped
Zones, Pioneer Terrace, was then taken up. The Ordinance was adopted for second and final
passage.
(#288) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, TOW ZONE, JEFFERSON
AVENUE
The matter of second and final passage of an ordinance amending Traffic, Tow Zone, Bertuccio
Avenue, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O'Keefe the meeting adjourned at 9.00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK