MINUTES - Regular - 4/28/2008 404 CITY OF SALEM
APRIL 24, 2008
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
April 24, 2008 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on April 18, 2008 at 10.21 A.M.
All Councillors were present.
Council President Michael Sosnowski presided.
Councillor Prevey 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.
#249 —APPT. OF JANET KENDALL TO THE BEAUTIFICATION COMMITTEE
The Mayor's appointment of Janet Kendall to serve as a member of the Beautification Committee
for a term to expire April 1, 2010, was held under the rules until the next meeting of May 8, 2008.
#250 — REAPPT. OF CONSTABLE
Mayor's reappointment of David Almeida, 1804 Broughton Dr., Beverly with a term to expire March
16, 2009, was received and placed on file.
#251 — TRANSFER TO POLICE DEPARTMENT EXPENSE ACCOUNTS
The following Order, recommended by the Mayor, was referred to the Committee on Administration
and Finance.
ORDERED: That the sum of Twenty-Five Thousand ($25,000.00) is hereby transferred from
the "Police - Salary" account to the accounts listed below in accordance with the recommendation
of Her Honor the Mayor:
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Building Maintenance 10,000.00
Natural Gas 8,000.00
Office Supplies 4,000.00
Other Expenses 3,000.00
Total 25,000.00
#252 — DONATION FROM RCG LLC FOR DOWNTOWN TRAFFIC AND PARKING SIGNAGE
The following Order recommended by the Mayor, was adopted by a unanimous roll call vote
of 11 yeas, 0 nays, 0 absent.
ORDERED: That the City of Salem accept a check in the amount of$5,000.00 from the
RCG LLC Client Fund Account which will be used specifically for downtown traffic and parking
signage.
#253 — LAYING OUT OF PEABODY STREET AND TRAFFIC PATTERN ON WARD STREET
On the Mayor's petition to alter the layout of Peabody Street and to change the traffic
pattern on Ward Street a hearing was ordered for May 8, 2008.
#254 — REMOVAL OF A CONSTABLE
On the Mayor's communication to remove John D. Orlowski as a Constable in the City of
Salem per Massachusetts General Law Chapter 41, Section 91, the recommendation was adopted.
#255 — ORDINANCE AMENDING TRAFFIC, ONE WAY, WARD STREET
Councillor McCarthy 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 10, "One Way
Street"
Be it ordained by the City Council of the City of Salem, as follows:
406 CITY OF SALEM
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Section 1. Ward Street, one way from Peabody Street in a westerly direction to Lafayette
Street, and Ward Street two way between Peabody Street and Congress Street.
Section 2. This Ordinance shall take effect as provided by City Charter.
#256 — TAG DAY APPLICATION
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day application of Operation Smile to be held on April
28, 2008 and May 5, 2008 from 11.00 A.M. to 6.00 P.M. be approved.
#257 - ORDINANCE AMENDING TRAFFIC, STOP SIGN, PEABODY STREET
Councillor McCarthy 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 49, "Stop Sign"
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Peabody Street at the intersection of Ward Street, "Stop Sign"
Section 2. This Ordinance shall take effect as provided by City Charter.
#258 — REVIEW PEABODY'S ZONING ORDINANCE
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to study
and review Section 6.2 of the City of Peabody, Zoning Ordinance Book, regarding "Off Street
Loading".
The Committee will decide whether or not this section 6.2 of the Peabody Zoning Ordinance
would be helpful to the City of Salem Ordinances and/or Zoning Ordinances and make
recommendations and/or changes to it as they see fit. Recommendations if any will be referred to
the full Council. This matter is to be co-posted with the Committee of the Whole.
#259 — GRANTING CERTAIN LICENSE
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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 a certain license, has considered said matter and would recommend that the following
be granted.
TAXI OPERATOR Milciades Pichardo, 146 Lafayette St., Salem
#260 — (#239) - LAND USE BOARDS & COMMISSIONS AS SPECIAL MUNICIPAL
EMPLOYEES
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 designating land use Boards and Commissions as Special Municipal Employees, has
considered said matter and would recommend adoption for the following five (5) Boards and
Commissions: Conservation Commission, Design Review Board, Historic Commission, Planning
Board and Redevelopment Authority.
#261 — (#227) — CDBG APPLICATION
Councillor Prevey offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of the City
of Salem's application for Federal Assistance to the United States Department of Housing and
Urban Development for Community Development Block Grant Funds has considered said matter
and would recommend approval.
#262 — (#240, 241, 242) - 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.
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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 Brian Donnelly, 300 Essex St., Salem
SECOND HAND
VALUABLE Cabin Fever, 281 Essex St., Salem
TAG DAY Salem Little League, May 17, 2008 & June 14, 2008
#263 — (#107) — RELOCATION OF RESIDENT STICKER PARKING PROGRAM
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 Resident Sticker Parking Program relocation, has considered said matter and would
recommend that an Ordinance be drafted by the City Solicitor and forward to the Committee on
Ordinances, Licenses and Legal Affairs and the Chairman of the Committee be authorized to
establish a working group consisting of a representative of Mayor Driscoll, City Solicitor, Finance
Director, Police Traffic Division, Director of Human Resources, Parking Director, representative of
the Parking Department Board and City Clerk to work on any proposed ordinances.
#264- (#244) — TWO OPERATOR LICENSES FOR CITYVIEW TROLLEY
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 two (2) Operator License applications for CityView Trolley, has considered said matter and
would recommend they be approved.
#265 —#265A -#265113 - (#172) — SALARY ORDINANCE OF THE MAYOR
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.
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The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter
of reviewing the Salary Ordinance of the Mayor, has considered said matter and would recommend
that the matter be referred to the Committee on Administration and Finance co-posted with the
Committee of the Whole along with the enclosed Order and Ordinance submitted to the Committee
by the City Solicitor.
#265A— ORDER
ORDERED: That the attached draft amendment to the City Ordinance be referred to the
Committee on Administration and Finance and that the Committee report the matter out of
Committee no later than May 8, 2008. Further, that the Committee make a recommendation as to
the Mayor's salary effective July 1, 2008 or for an escalation in salary for FY 2009, 2010 and 2011,
with the latter necessitating a change of date within paragraph (b) of the proposed Ordinance to
2011.
#265113 — ORDINANCE
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to the Salary of the Mayor
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Division 2, Section 2-142 Compensation is hereby amended by
deleting this section in its entirety and replacing it with the following:
Section 2-142. Compensation.
(a) Effective July 1, 2008, the mayor shall receive a salary of$ per annum.
(b) During the first three months of the City Council's biennial organization, commencing
January 2009, the matter of the Mayor's compensation shall be reviewed by the City
Council Committee on Administration and Finance and a recommendation reported to the
City Council no later than the first meeting in April. The Committee shall recommend the
salary of the mayor for the subsequent two fiscal years.
Section 2. This Ordinance shall take effect as provided by City Charter.
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#266 — (#229) — SCHEDULE TWO PUBLIC HEARINGS REGARDING TRANSFER STATION
Councillor Lovely offered the following report for the Committee on Public Health, Safety and
Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred the matter
of 12 Swampscott Road and scheduling of two public hearings, has considered said matter and
would recommend that two public hearings regarding the transfer station be held with dates to be
determined and that the following be invited Northside Carting, the Mayor or her representative,
Solicitor, Planning and the Board of Health.
#267 —ALL CITY CAB FAILURE TO LICENSE
The communication from Officer Page, Police Traffic, regarding his recommendation to ban
All City Cab LLC from operating in Salem due to the Company's failure to license for 2008 was
adopted.
Councillor O'Keefe moved a motion of reconsideration in the hopes it would not prevail.
Reconsideration was denied.
#268 -#269 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs:
PUBLIC GUIDE Mike Vitka, 1 Devereaux Ave. #1,Salem
SEAWORM Bette Larsen, 190 Bridge St. #5102, Salem
#270 — TAXI OPERATOR LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATORS Juan Francisco Lopez, 63 '/2 Boston St., Salem
Nelson Sanchez, 260 Washington St. #21, Salem
Andrew Ferretti, 17 Keys Dr. #5, Peabody
Thomas Alley, 74 Aborn St., Peabody
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#271 -#272 — CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affai rs:
Melissa Beaupre, 40 Ward St. #3R, Salem
Jesse Jalbert, 11 Stearns Place, Salem
#273 — BOND
The following Bond was referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE: David Almeida, 1804 Broughton Dr., Beverly
(#231) — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, MONROE ROAD
The matter of second and final passage of an Ordinance amending Traffic, Handicap
Parking, Monroe Road, was then taken up. The Ordinance was adopted for second and final
passage.
(#232) — ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, LINCOLN ROAD
The matter of second and final passage of an Ordinance amending Traffic, Resident Sticker
Parking, Lincoln Road, was then taken up. The Ordinance was adopted for second and final
passage.
(#233) — ORDINANCE AMENDING TRAFFIC, STOP SIGN, RAYMOND AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Stop Sign,
Raymond Avenue, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O'Keefe the meeting was adjourned at 8.40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK