MINUTES - Regular - 3/27/2008 386 CITY OF SALEM
MARCH 27, 2008
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
March 27, 2008 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on March 21, 2008 at 9.01 A.M.
Councillor Sargent was recorded as absent.
Council President Michael Sosnowski presided.
Councillor Pelletier moved to dispense with the reading of the record of the previous meeting.
It was so Voted.
President Sosnowski requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Pinto requested a moment of personal privilege for a moment of silence in
memory of Peter DeOrio who passed away.
#167 - PETITION OF NATIONAL GRID FOR CONDUITS ON CROMBIE STREET
Held from the last meeting of a hearing on the Order of National Grid to install six (6)
conduits on Crombie Street. Appearing in favor was Sabhita Mahabier-Sheehy representative of
National Grid. Also appearing in favor was Attorney George Atkins representing the developer
Jeffrey Holoran. There was no one opposed. The Hearing was closed. Councillor Pelletier moved
that the request be granted. It was so voted.
(#168) —APPT. OF LUCY CORCHADO TO THE AFFORDABLE HOUSING TRUST FUND
BOARD OF TRUSTEES
Held from the last meeting under the rules the Mayor's appointment of Lucy Corchado to
serve as a member of the Affordable Housing Trust Fund Board of Trustees for a term to expire
March 1, 2011 was held under the rules until the next meeting of April 10, 2008.
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#189 -#190 CONSTABLES
The Mayor's appointments of the following to serve as a Constables, were received and
placed on file.
Henry Bornstein, 5 Rockingham St., Lynn Term to expire: March 11, 2009
Lauren D'Avella, 5 Rockingham St., Lynn Term to expire: March 11, 2009
#191 — TRANSFER TO CEMETERY— BURIAL
The following Order, recommended by the Mayor was adopted.
ORDERED: That the sum of Seven Thousand Two Hundred Dollars ($7,200.00) is hereby
appropriated from the "Receipts Reserved — Sale of Vaults" account to the "Cemetery — Burial"
account in accordance with the recommendation of Her Honor the Mayor.
#192 — TRANSFER TO GOLF COURSE — RENTAL AND LEASE
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated
from the "Receipts Reserved — Golf Course" account to the "Golf Course — Rental & Lease"
account in accordance with the recommendation of Her Honor the Mayor.
#193 —ACCEPT MASS. GENERAL LAW CH. 44, SEC. 53E % FOR REVOLVING FUND FOR
DOG PARK TAGS
The following Order, recommended by the Mayor, was adopted by a roll call vote of 10 yeas,
0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Prevey, Ryan,
Veno and Sosnowski were recorded as voting in the affirmative. Councillor Sargent was recorded
as absent.
ORDERED: The fees from the dog park tags issued by the Director of Park, Recreation and
Community Services or his or her designee for use of the dog park at Leslie's Retreat Park shall be
deposited into a revolving fund pursuant to Massachusetts General Laws Chapter 44, Section
53E1/2. The receipts received from the issuance of the dog park tags shall be expended solely for
the administration, care and maintenance of the dog park. The Director of the Park, Recreation and
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MARCH 27, 2008
REGULAR MEETING OF THE CITY COUNCIL
Community Services may expend one hundred percent of the receipts from the dog park tags, not
including interest, upon recommendation each fiscal year by the Mayor and vote of the City
Council.
#194 — ORDINANCE AMENDING DOG PARK TAG FEES
The following Ordinance recommended by the Mayor, was adopted for first passage.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to the Dog Park Tag Fees.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 26, Section 26-104 entitled Dog Park Tag Fees is hereby amended by
deleting the following paragraph, "All fees received by the Park, Recreation and Community
Services Department shall be deposited into a special account entitled "Dog Park Receipts
Reserved for Appropriation." Said receipts shall be appropriated solely for the administration, care
and maintenance of the Dog Park. Said receipts may be expended by the Director of Park,
Recreation and Community Services, upon approval of the Mayor and following a vote of the City
Council," and replacing such with the following paragraph-
"All fees received by the Park, Recreation and Community Services Department shall be
deposited into a revolving fund account. Said receipts shall be expended solely for the
administration, care and maintenance of the dog park at Leslies' Retreat Park. Each fiscal year,
said receipts may be expended by the Director of Park, Recreation and Community Services upon
recommendation by the Mayor and vote of the City Council."
Section 2. This Ordinance shall take effect as provided by City Charter.
#195 — DISCLOSURE OF FINANCIAL INTEREST BY FIREFIGHTER PATRICK BURKE
The following Order recommended by the Mayor, regarding her appointment of Firefighter
Patrick Burke as Seasonal Director of Forest River Pool and the disclosure of Financial interest
was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy,
O'Keefe, Pelletier, Pinto, Prevey, Ryan, Veno and Sosnowski were recorded as voting in the
affirmative. Councillor Sargent was recorded as absent.
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ORDERED: In accordance with Massachusetts General Law, Chapter 268A, Section 20(b),
the City Council hereby declares that Firefighter Patrick Burke has met the requirements for
exemption as set forth in this section and may be retained as the Director of the Forest River Pool
by the Park, Recreation and Community Services Department for the 2008 summer season, not to
exceed 500 hours in this calendar year.
#196 — CITY CLERK RAISE FEES FOR VITAL RECORDS
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the attached proposal from the City Clerk, regarding an increase in fees
for the issuance of vital records, effective April 1, 2008, be adopted.
#197 — FINANCIAL REPORT OF FEBRUARY 29, 2008
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Financial Report dated February 29, 2008 be received and placed on
file.
#198 — ORDINANCE TRAFFIC, HANDICAP PARKING LIMITED TIME, BOSTON STREET
Councillor Ryan introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B,
"Handicap Parking, Limited Time"
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Boston Street, easterly side, across from 83 Boston Street, for a distance of
twenty (20) feet, "Handicap Parking, Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter.
390 CITY OF SALEM
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REGULAR MEETING OF THE CITY COUNCIL
#199 — RE-ACTIVATE THE SALEM STATE COLLEGE NEIGHBORHOOD ADVISORY
COMMITTEE
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: Recommended that the Mayor Kimberley L. Driscoll re-activate the Salem State
College Neighborhood Advisory Committee (S.S.C.N.A.C.)
#200 — SOLICITOR'S OPINION REGARDING LICENSING OF TROLLEY'S
Councillor Lovely and CouncillorSosnowski introduced the following Order, which was
adopted.
ORDERED: That the Opinion of City Solicitor Elizabeth Rennard dated March 27, 2008
regarding Trolley Licenses, be referred to the Committee on Ordinances, Licenses and Legal
Affairs for review and recommendation. And discuss route to Pioneer Village and weigh impact of
Trolleys to Forest River. Invite the following: Police Traffic Division and Parking Director.
#201 — ORDINANCES REGARDING PAINTS AND MARKERS
Councillor Pinto introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
adoption of a similar ordinance as the attached Ordinances from Boston, pertaining to the "Sale of
Certain Paints and Markers," and "Prohibiting Defacement of Property, and Possession of Certain
Items". And that the City Solicitor be invited, and co-post with the Committee of the Whole.
#202 — BUFFER ZONES
Councillor Pinto on behalf of Councillor Sargent introduced the following Order, which was
adopted.
ORDERED: That the Committee on Community and Economic Development meet to
discuss the issue of Buffer Zones between Business and Residential Property and Buffer Zones
between the different types of Business and Commercially Zoned properties in Salem. The
Committee will review existing rules pertaining to Buffer Zones and make recommendations to the
Council.
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#203 — PROCESS FOR THE NAMING OF CITY STREETS
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services co-posted with the Committee of
the Whole meet to discuss the process and implementation for the naming of City Streets, Chapter
38, Section 38-3 (a-c) and Chapter 38, Section 51-55 and 58 for the Acceptance of Streets and
that the following be invited, the Planner, City Engineer, City Solicitor, members of the Planning
Board, Mayor or her designee and Assessor.
#204 — (#178-#818) 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
be granted.
PUBLIC GUIDE Joan Pagliuca, 31 Winthrop St., Dedham
Bruce Bateman, 74 Forest St., Salisbury
SECOND HAND
VALUABLE Antiques & Uniques of Salem, 130 North St., Salem
TAG DAY S.H.S. Tennis Team, April 20, 2008 & May 31, 2008
S.H.S. SwimTeam, December 6, 2008
#205 — (#12) BUDGET ANALYST
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 budget analyst, has considered said matter and would recommend that Councillor Lovely
develop a statement of work for a budget analyst position in coordination with Mr. Richard Viscay,
the Legal Department, John Danizio and the Mayor's office and report the findings and
recommendation to the Committee.
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REGULAR MEETING OF THE CITY COUNCIL
#206 — (#729 of 2007) PUBLIC HEARING ON ISSUES SURROUNDING SALEM STATE
COLLEGE BASEBALL FIELD & TENNIS COURTS
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 public hearing on issues surrounding Salem State College baseball field and tennis courts, has
considered said matter and would recommend that Salem State College report back to the City
Council in thirty days addressing the unanswered questions and that the matter remain in
Committee.
#207 — LIAISON TO SALEM VETERAN'S COUNCIL
A request from Salem Veteran's Council to appoint a liaison from the Salem City Council to
their organization was received. Councillor O'Keefe nominated Councillor Sosnowski to serve as
the liason to the Salem Veteran's Council, it was so voted. Councillor O'Keefe requested and
received unanimous consent to allow Mr. Roger Leger representative of the Veteran's Council to
speak.
#208 —#209 LICENSE APPLICATIONS
The following licenses applications were referred to the Committee on Ordinances, Licenses
and Legal Affiars:
PUBLIC GUIDE Mike Boudo, 16 Cabot St., Salem
TAXI OPERATORS Steven Nova, 190 Loring Ave., Salem
Jaime Lopez, 34 Hanover St. #6, Lynn
#210 —#213 LICENSES
Councillor Lovely moved to divide the question. It was so voted. Councillor Lovely moved
that the license applications for the Limousines, Taxi Operators and Vehicle for Hire operators only
for Salem Pedicab be granted and the Vehicle for Hire (Trolleys) and Operators for City View, Inc.
be referred to the Committee on Ordinances, Licenses and Legal Affairs. It was so voted.
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LIMOUSINE Futuristic Transportation, 29 Rantoul St., Beverly (2)
Ozoria Car Service, 33 Park St., Salem (1)
TAXI OPERATORS Dave Doherty, 116 Lafayette St., Salem
Tammy Mejia, 106 Boston St., Salem
Jeffrey Alexander, 104 Holten St., Danvers
Steven Clocher, 68 Beaver St., Salem
Rafael Pena, 373 Chestnut St., Lynn
Mark Adams, 59 Goodale St., Peabody
Robert Corriveau Jr., 78 Endicott St., Peabody
VEHICLE FOR HIRE CityView, Inc., 41 Federal St., Salem (8 Trolleys)
(VEHICLES & OPERATORS) Eric Fraize, 41 Federal St., Salem
Anna Bon Allgeier, 59 Old Jacobs Rd., Georgetown
Kevin Malone, 12 Anne Dr., Peabody
Stephen Nadolna, 80 Marlborough Rd., Salem
VEHICLE FOR HIRE Salem Pedicab, 7 N. Pine St., Salem
(OPERATOR ONLY) Douglas Parker, 7 N. Pine St., Salem
#214 -#217 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affiars:
Michael A. Bates, 10 Blake St., Beverly
Robert Denehy, 29 Crescent Dr., Salem
Jessica Quealy, 31 Farragut Rd., Swampscott
Tina Rhodes, 201 Humphrey St. #2, Marblehead
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REGULAR MEETING OF THE CITY COUNCIL
#218 -#220 BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE: Henry Bornstein, 5 Rockingham St., Lynn
Lauren D'Avella, 5 Rockingham St., Lynn
SIGN: Minit Print, Inc. 40 Boston St., Salem
On the motion of Councillor O'Keefe the meeting adjourned at 8.20 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK