MINUTES - Regular - 7/17/2008 CITY OF SALEM 489
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A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
July 17, 2008 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on July 10, 2008 at 5.38 P.M.
All Councillors were present.
Council President Michael Sosnowski presided.
Councillor Furey 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.
#444 — CONDUIT ON FEDERAL STREET
A hearing was held on the Order of Comcast for a conduit on Federal Street. Appearing in
favor was Tim Broderick representative of Comcast. There was no one opposed. The Hearing was
closed. On the motion of Councillor O'Keefe, the request was granted.
(#403) —APPT. OF AARON ALLEN TO THE AFFORDABLE HOUSING TRUST FUND BOARD
OF TRUSTEES
Held from the last meeting of June 26, 2008, the Mayor's appointment of Aaron Allen to
serve as a member of the Affordable Housing Trust Fund Board of Trustees with a term to expire
on June 1, 2011, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
(#404) —APPT. OF JEAN HARRISON TO THE COMMISSION ON DISABILITIES
Held from the last meeting of June 26, 2008, the Mayor's appointment of Jean Harrison to
serve as a member of the Commission on Disabilities with a term to expire on June 1, 2011, was
confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
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(#405) —APPT. OF REBECCA CHRISTIE TO THE CONSERVATION COMMISSION
Held from the last meeting of June 26, 2008, the Mayor's appointment of Rebecca Christie
to serve as a member of the Conservation Commission with a term to expire on September 15,
2009, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
(#406) —APPT. OF ELISA CASTILLO TO THE PLUMMER HOME FOR BOYS BOARD OF
TRUSTEES
Held from the last meeting of June 26, 2008, the Mayor's appointment of Elisa Castillo to
serve as a member of the Plummer Home for Boys Board of Trustees with a term to expire on June
1, 2013, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#445 —APPT. OF DAVID WEINER TO THE PLANNING BOARD
The Mayor's appointment of David Weiner to serve as a member of the Planning Board for a
term to expire on July 1, 2013, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0
absent.
#446 —APPT. OF MICHAEL REITER TO THE HISTORIC DISTRICT COMMISSION
The Mayor's appointment of Michael Reiter to serve as a member of the Historic District
Commission for a term to expire on July 1, 2011, was confirmed by a unanimous roll call vote of 11
yeas, 0 nays, 0 absent.
#447 — REAPPTS. TO THE BEAUTIFICATION COMMITTEE
The Mayor's reappointment of the following to serve as members of the Beautification
Committee with all terms to expire on July 1, 2011, were confirmed by a unanimous roll call vote of
11 yeas, 0 nays, 0 absent:
Judith Wolfe, 22 Winter St., Salem
Marcia Lambert, 26 Charles St., Salem
Mary Ellen Halliwell, 81 Orchard St., Salem
Kristen Picone-Barricelli, 1 Lincoln Rd., Salem
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#448 — REAPPTS. TO THE BIKE PATH COMMITTEE
The Mayor's reappointment of the following to serve as members of the Bike Path
Committee with both terms to expire on July 1, 2011, were confirmed by a unanimous roll call vote
of 11 yeas, 0 nays, 0 absent:
Rachel Hunt, 99 Essex St., Salem
Nancy Sacchetti, 72 Washington Sq. East, Salem
#449 — REAPPT. OF JOHN WALSH TO THE PARKING BOARD
The Mayor's reappointment of John Walsh to serve as a member of the Parking Board for a
term to expire on July 1, 2009, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0
absent.
#450 — REAPPT. OF LAURIE BELLIN TO THE HISTORIC DISTRICT COMMISSION
The Mayor's reappointment of Laurie Bellin to serve as a member of the Historic District
Commission for a term to expire on July 1, 2011, was confirmed by a unanimous roll call vote of 11
yeas, 0 nays, 0 absent.
#451 —APPR. TO RETIREMENT STABILIZATION FUND —VACATION / SICK LEAVE
BUYBACK
The following Order, recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Fifty-Five Thousand, Eight Hundred and Ten Dollars
($55,810.00) is hereby appropriated from the "Retirement Stabilization Fund — Vacation/Sick Leave
Buyback" account to be expended for the retirement buyback for the School Department in
accordance with the recommendation of Her Honor the Mayor.
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#452 — TRANSFER TO VARIOUS ACCOUNTS
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Two Hundred Sixty-Seven Thousand, Nine Hundred and Fifty-
Four Dollars and Forty-two cents ($267,954.42) is hereby transferred within the accounts listed
below in accordance with Her Honor the Mayor:
From To Amount
Pensions Non-Contrib Medicare $12,900.00
Charter Schools Medicare $17,820.00
PP PT Salaries PP Taxes $7,000.00
GIS FT Salaries MIS DP Maint $3,361.18
Elec-Office Supplies Elec-FT Salaries $4.00
Elec-Office Supplies Elec-OT $114.00
GIS FT Salaries MIS FT Salaries $30.00
Planning Bd FT Salaries Planning FT Salaries $540.00
Printing & Binding Mayor FT Salaries $320.00
Office Supplies Solicitor FT Salaries $9.00
Dues & Sub Purchasing FT Salaries $9.00
Consult Sery Medical Insurance $23,630.00
Unemployment Medical Insurance $40,000.00
Debt Service School CIP08 $78,192.00
Debt Service School CIP08 $20,895.00
Charter Schl Assmt School CIP08 $63,140.24
Total $267,954.42
#453 — TRANSFER TO HARBORMASTER —VEHICLE REPAIR
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Sixteen Thousand, Three Hundred Dollars ($16,300.00) is
hereby transferred from the "Receipts Reserved — Harbormaster" account to the "Harbormaster—
Vehicle Repair" account in accordance with the recommendation of Her Honor the Mayor.
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#454 — TRANSFER TO ENGINEERING WATER — FT SALARY
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Eight Thousand, One Hundred Sixty-Six Dollars and Eleven
Cents ($8,166.11) is hereby transferred from "Retained Earnings —Water Fund" account to the
"Engineering Water— FT Salary" account in accordance with the recommendation of Her Honor the
Mayor.
#455 was skipped
#456 — TRANSFER TO ENGINEERING SEWER — FT SALARY
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Eight Thousand, One Hundred Sixty-Six Dollars and Eleven
Cents ($8,166.11) is hereby transferred from "Retained Earnings — Sewer Fund" account to the
"Engineering Sewer— FT Salary" account in accordance with the recommendation of Her Honor
the Mayor.
#457 — TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Seven Thousand, Nine Hundred and Fifty-Two Dollars and
Fifty-Six Cents ($7,952.56) is hereby transferred from "Receipts Reserved — Golf Course" account
and appropriated to the following Group Insurance lines in accordance with the recommendation of
Her Honor the Mayor-
4 th Quarter
SS/Med $756.97
Health Ins $3,945.75
Life Ins $40.24
Dental Ins $334.33
Retirement $2,875.27
Total $7,952.56
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#458 — TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Five Thousand, Three Hundred and Forty-Seven Dollars and
Ninety-One Cents ($5,347.91) is hereby transferred from "Receipts Reserved — Harbormaster"
account and appropriated to the following Group Insurance lines in accordance with the
recommendation of Her Honor the Mayor-
4 th Quarter
SS/Med $351.08
Health Ins $3,417.13
Life Ins $27.86
Dental Ins $49.90
Retirement $1,501.94
Total $5,347.91
#459 — TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Two Hundred Ten Dollars and Ninety-Nine Cents ($210.99) is
hereby transferred from "Receipts Reserved —Witch House" account and appropriated to the
following Group Insurance lines in accordance with the recommendation of Her Honor the Mayor-
4 th Quarter
SS/Med $210.99
Health Ins $0
Life Ins $0
Dental Ins $0
Retirement $0
Total $210.99
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#460 —AUTHORIZE SUBMISSION OF STATEMENT OF INTEREST
The following Order, recommended by the Mayor, was adopted.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow
Mr. L'Heureux from the School Department to speak.
ORDERED: That the City Council authorizes the submission of Statement of Interest (SOI)
forms to the Massachusetts School Building Authority (MSBA) in order to be eligible for future
funding of school projects at the Collins Middle School.
Councillor O'Keefe assumed the Chair.
Council President Sosnowski resumed the Chair.
#461 -AUTHORIZE SUBMISSION OF STATEMENT OF INTEREST
The following Order, recommended by the Mayor, was adopted. Councillors Veno and
McCarthy were recorded as voting "present".
Councillor O'Keefe requested and received unanimous consent to suspend the rules to
allow Alice Davis from the School Department to speak to explain the forms.
ORDERED: That the City Council authorizes the submission of Statement of Interest (SOI)
forms to the Massachusetts School Building Authority (MSBA) in order to be eligible for future
funding of school projects at the Saltonstall School.
#462 —AN ACT FOR A HOME RULE PETITION FOR THE SALE OF ALCOHOLIC BEVERAGES
AT 163-189 WASHINGTON STREET
Councillor Ryan recused himself and left the Chamber.
The following Order, recommended by the Mayor, was adopted by a roll call vote of 9 yeas,
1 nay, 1 absent. Councillors Furey, Lovely, McCarthy, O'Keefe, Pelletier, Pinto, Sargent, Veno and
Sosnowski were recorded as voting in the affirmative. Councillor Prevey was recorded as voting in
the negative. Councillor Ryan was recorded as absent.
Councillor O'Keefe moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
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ORDERED: That petition to the General Court, accompanied by a bill for certain additional
liquor licenses 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. Nothwithstanding the provisions of Section 17 of Chapter 138 of the General Laws,
the licensing authority of the City of Salem may grant one additional license for the sale of all
alcoholic beverages to be drunk on the premises under Section 12, of said Chapter 138 to Arcari
Restaurant Group for a restaurant to be located at 163-189 Washington Street, Salem,
Massachusetts. 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 local
alcohol licensing authority shall not approve the transfer of said license to any other location. Said
license may be granted by the local alcohol licensing authority at the same location if an applicant
that said license files with said authority a letter in writing from the Department of Revenue
indicating that said license is in good standing with said Department and that any and all applicable
taxes have been paid. If the license granted under this section is cancelled, revoked or no longer in
use, such license shall be returned physically, with all of the legal rights, privileges and restrictions
pertaining thereto, to the local alcohol licensing authority.
Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special
law to the contrary, the local alcohol licensing authority may then grant the license to a new
applicant at the same location and under the conditions as specified in the preceding paragraph.
SECTION 2. This Act shall take effect upon its passage.
Councillor Ryan returned to the Chamber.
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#463 —ACCEPT DONATIONS FOR THE 4T" OF JULY EVENTS
The following Order, recommended by the Mayor, was adopted.
ORDERED: To accept the following donations to sponsor this year's July 4t" events and
festivities:
City View Trolley Tours $3,000.00
20t" Century Fox Film Corp. $1,000.00
Peabody Essex Museum $1,650.00
Northside Carting $1,000.00
Charing Cross Realty Trust $1,000.00
Pickering Wharf Realty Trust $1,000.00
Total $8,650.00
#464 — SCHOOL DEPT. FIVE YEAR CONTRACT FOR PHOTOCOPY MACHINES & SUPPLIES
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the Superintendent of Schools is hereby authorized to execute a five-year
contract for photocopy machines and supplies with vendors Cannon and Xerox so that the School
Department may reduce this expense and maximize lease options.
#465 — ONE YEAR LEASE EXTENSION FOR THE TRANSFER STATION
The following Order, was received from the Mayor after the deadline of Tuesday Noon.
Councillor Pelletier requested and received unanimous consent to suspend the rules to allow the
matter to come before the Council.
The following Order, recommended by the Mayor, was referred to the Committee of the
Whole.
ORDERED: That the Mayor is authorized to execute a one year lease extension for the
City's Transfer Station located on Swampscott Road to Northside Carting, Inc. The terms of the
lease shall include, at a minimum, the following:
• Monthly lease payment of$1,050.00 ($12,600 annualized);
• Acceptance free of charge of yard waste delivered to the site by Salem residents and
City Departments
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• Acceptance of up to 50 lbs. of non-hazardous residential waste delivered to the site per
trip by Salem residents and a reduction in cost $20.00 less per ton than going rate at
Station, $5.00 minimum.
• Acceptance free of charge waste generated by City Departments.
The Mayor is further authorized to execute an additional one year lease extension in the event that
the City continues to own the subject property. The lease payment shall increase above the prior
year's rate by the CPI-Greater Boston area.
And finally, the Mayor is authorized to enter into an agreement with Northside Carting, Inc. for the
payment of$12,500.00 for the use of the subject period during the two 6-month extensions granted
by the City Council on March 27 and October 11, 2007 and which payment is due and payable
upon the transfer of the subject property to Northside Carting, Inc or December 31, 2009,
whichever date comes first.
#466 — ELECTION ORDER
Councillor O'Keefe introduced the following Order, which was adopted.
CITY OF SALEM
ELECTION WARRANT
STATE ELECTION
July 17, 2008
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, September 16,
2008 for the purpose of casting votes in the State Election for the candidates of political parties for
the following offices:
SENATOR IN CONGRESS......................... FOR THIS COMMONWEALTH
SENATOR IN GENERAL COURT.................SECOND ESSEX DISTRICT
REPRESENTATIVE IN GENERAL COURT.....SEVENTH ESSEX DISTRICT
REPRESENTATIVE IN CONGRESS..............SIXTH CONGRESSIONAL DISTRICT
COUNCILLOR.........................................FIFTH DISTRICT
REGISTER OF PROBATE...........................ESSEX COUNTY
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 Recreation Room, 27 Charter Street
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WARD TWO
PRECINCT ONE Carlton School, 10 Skerry Street
PRECINCT TWO Recreation Room, Salem Heights, Pope St.
WARD THREE
PRECINCT ONE Council on Aging, 5 Broad Street
PRECINCT TWO Ste. Anne's School, 9 Cleveland Street
WARD FOUR
PRECINCT ONE Community Room, Colonial Terrace
PRECINCT TWO Princeton Crossing, Heritage Drive
WARD FIVE
PRECINCT ONE Temple Shalom, 287 Lafayette Street
PRECINCT TWO Community Room, Pioneer Terrace
WARD SIX
PRECINCT ONE Bates School, Liberty Hill Avenue
PRECINCT TWO Mack Park, Tremont Street
WARD SEVEN
PRECINCT ONE Salem State Public Safety Bldg. 73 Loring Ave.
PRECINCT TWO Salem State Gymnasium, Harrison Road
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.
#467 — (#364) - DISCHARGE TRASH FEE ORDINANCE FROM COMMITTEE
Councillor Sargent recused himself and left the Chamber.
Councillor Lovely introduced the following Order, which 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: That the matter of an Ordinance relative to Solid Waste, "Trash Fees" be
discharged from the Committee of the Whole and put before the full Council to vote for second and
final passage.
The matter of second and final passage of an Ordinance amending Solid Waste, Chapter
36, Section 26-6, Collection fee, was then taken up. The Ordinance was adopted for second and
final passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Furey, McCarthy, O'Keefe,
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Pelletier, Pinto, Prevey, Ryan and Veno were recorded as voting in the affirmative. Councillors
Lovely and Sosnowski were recorded as voting in the negative. Councillor Sargent was recorded
as absent.
Councillor O'Keefe moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
#468 — REQUEST FOR HEARING ON TAXI OPERATOR LICENSE DENIAL
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the attached request for a hearing for a hearing for the denial of a Taxi
Operator license be referred to the Committee on Ordinances, Licenses and Legal Affairs.
#469 — STREET AND SIDEWALK OPENING AND CLOSING
Councillor Ryan introduced the following Order, which was adopted.
ORDERED: That the Salem City Council Ordinances, Licenses and Legal Affairs Committee
meet to review City Ordinance Chapter 38, Section 38-22, Streets and / or Sidewalks — Opening
and Closure. The Committee shall review this Ordinance and make changes as necessary. And
the meeting is to be co-posted with the Committee of the Whole.
#470 — ORDINANCE AMENDING ZONING, SECTION 7-15, PLANNED UNIT DEVELOPMENT
Councillor Ryan introduced the following Ordinance, which was referred to the Planning
Board to schedule a joint public hearing with the City Council by a unanimous roll call vote of
11 yeas, 0 nays, 0 absent.
In the year two thousand and eight
An Ordinance to amend and Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Article VII of the City of Salem Zoning Ordinance is hereby amended by adding
the following language:
Section 7-15 Planned Unit Development.
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a. "BPD, Business Park Development District:" to be included in the list of districts eligible
to receive a special permit for a planned unit development in accordance with all the
requirements of the Ordinance.
Section 2. This Ordinance shall take effect as provided by City Charter.
#471 — RULES AND GUIDELINES FOR ADDITIONAL LIQUOR LICENSES THROUGH HOME
RULE PETITION
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Salem City Council Committee of the Whole meet to form rules and
guidelines for a City Ordinance that will regulate how additional licenses for the sale of Alcoholic
Beverages are issued by Home Rule Petition in our downtown B-5, Business District. This new
Ordinance may also set guidelines that will establish minimum distances between Home Rule
Petition Alcoholic Beverage licenses and residentially zoned property. And that the following be
invited: Licensing Board, Solicitor, Chamber of Commerce and Salem Main Streets.
#472 — ORDINANCE TRAFFIC, HANDICAP PARKNG LIMITED TIME, UPHAM STREET
Councillor Prevey introduced the following Traffic 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. Upham Street in front of#27, for a distance of twenty (20) feet, Handicap Parking,
Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#473 — ORDINANCE TRAFFIC, HANDICAP PARKING LIMITED TIME, SUTTON AVENUE
Councillor McCarthy introduced the following Traffic Ordinance, which was adopted for first
passage.
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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. Sutton Avenue across from 11 Sutton Avenue, for a distance of twenty (20) feet,
Handicap Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#474 — INCREASE IN TAXI FARES
Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and
adopt the recommendation
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of
the Whole to whom was referred the matter of an increase in taxi fares, has considered said matter
and would recommend that the matter remain in Committee.
#475 — 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 approval of the
following:
PUBLIC GUIDE Mike Vitka, 1 Devereaux Ave., #1, Salem
SEAWORMS Michael Dukette, 79 Bridge St., Salem
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#476 —#476A - FUEL SURCHARGE BY TAXIS
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 fuel surcharge and taxis with livery plates has considered said matter and would recommend
that the enclosed Order prepared by the City Solicitor be adopted.
ORDERED: Taxi drivers are hereby authorized to impose a fuel surcharge of$1.00 per taxi
ride, $.50 for senior citizens with identification showing age of 59 years or older, until January 26,
2009. This surcharge is in addition to the per ride fare of$4.50 per ride, $3.50 per ride for senior
citizens. This Order must be conspicuously posted in each taxi.
#477 — ORDINANCE AMENDING CERTIFICATE OF FITNESS
Councillor Prevey offered the following report for the Committee on Administration and
Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt
the recommendation.
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of an Ordinance for Certificate of Fitness, has considered said
matter and would recommend that the amount be amended by reducing the amount from $75.00 to
$50.00 and the matter be adopted as amended for second and final passage.
Councillor O'Keefe assumed the Chair.
#478 — RESERVED PARKING IN THE SOUTH HARBOR GARAGE
Councillor Prevey offered the following report for the Committee on Administration and
Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt
the recommendation.
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of reserved parking at the South Harbor Garage, has considered
said matter and would recommend that the matter remain in Committee.
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#479 — SENIOR CENTER PRESENTATION
Councillor Sosnowski offered the following report for the Committee of the Whole. It was
voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of a Senior Center
presentation has considered said matter and would recommend that the following be adopted:
1. The report and recommendation of the Senior Center Committee be accepted
2. That the Mayor and City Council move forward with due diligence on the proposed sites
of Memorial Drive, Bridge Street and Fort Avenue
3. That City Councillor Joan Lovely and Councillor Matthew Veno be liaisons to the Mayor
and report the results to the City Council by September 15, 2008.
#480 — (#428) CLAIM
Councillor Sosnowski offered the following report for the Committee of the Whole. It was
voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of a claim, has considered
said matter and would recommend that it be approved.
#481 — (#410) - LEASE AGREEMENT FOR PIONEER VILLAGE AND OLD TOWN HALL
Councillor Sosnowski offered the following report for the Committee of the Whole. It was
voted to accept the report and adopt the recommendation by a unanimous roll call vote of 11 yeas,
0 nays, 0 absent.
The Committee of the Whole to whom was referred the matter of a lease agreement with
Gordon College for Old Town Hall and Pioneer Village, has considered said matter and would
recommend that they be adopted as amended by a roll call vote.
Councillor Pelletier moved immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
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#482 — CONDUITS ON HARBOR VIEW TERRACE
A hearing was ordered for September 11, 2008 on the petition from National Grid to install
two conduits on Harbor View Terrace.
#483 — BURGER KING REQUEST FOR EXTENDED HOURS OF OPERATION
A request from Burger King, Highland Avenue, for extended hours of operation was referred
to the Committee on Ordinances, Licenses and Legal Affairs and co-posted with the Committee of
the Whole to be held on September 10, 2008 at 6.30 PM.
Councillor Sosnowski assumed the chair.
#484 — REQUEST FOR WITCHES CUP BIKE RACE
A request from Paul Boudreau and Dan Shuman, Witches Cup organizers for use of streets
surrounding the Common Area to hold a bike race on August 13, 2008 was granted.
#485 —#487 - BLOCK PARTY
The following block parties were granted.
Rice Street residents July 26, 2008
Witchcraft Road & Lower Crescent Drive residents August 16, 2008
Maple Street residents August 30, 2008
#488 -#491 — LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINE Finix Car Service, 76 Lafayette St., Salem (1)
PUBLIC GUIDES Alicia Diozzi, 40 English St., Salem
Roger Watras, 104 Pembroke St., Boston
Robert Littwin, 28 Chestnut St., Melrose
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TAXI OPERATORS Peter Lang, 322 Old Pillings Pond Rd., Lynnfield
Jose Nunez, 24 Ward St., #1, Salem
James Donaher, 18 Freeman Rd., Salem
Robert Berzon, 135 Grove St., Melrose
Robert Martinez, 11 R Union St., Beverly
Thomas Clocher, 114 North St., Salem
Sean McKinnon, 8 BayView Ave., Danvers
VEHICLE FOR HIRE Christopher Lonergan, 116 Lafayette St., Salem
(OPERATORS ONLY) Nicholas Albury, 11 Beach Ave., Salem
Nicole DeHaven, 6 Atlantic Ave., Beverly
Allison Christiansen, 15 Pope St., Salem
Joseph Rhodes, 38 Buffum St., Salem
Timothy Hutchinson, 4 Conant St., Salem
#492 — DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer/ Contract Operator License was granted.
Church Landscape Construction, 15 Lindsey St., Marblehead
#493 -#495 — CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affai rs.
Cara Guilbert, 2 Fox Run Drive, Haverhill
Uchenna Ndugba, 44 Harbor St., Salem
Domenico Fabiano, 36 Clifton Ave.,Marblehead
#496 -#497 — BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
DRAINLAYER Church Landscape Construction, 15 Lindsey St., Marblehead
SIGN Seed Stitch, 21 Front St., Salem
CITY OF SALEM 507
J U LY 17, 2008
REGULAR MEETING OF THE CITY COUNCIL
(#418) — SECOND PASSAGE — ORDINANCE TRAFFIC, PARKING TIME LIMITED BOSTON
STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Section 57A, Parking Time Limited, Boston Street, was then taken up. The Ordinance was adopted
for second and final passage.
(#419) — SECOND PASSAGE — ORDINANCE TRAFFIC, PARKING TIME LIMITED BRIDGE
STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Section 57A, Parking Time Limited, 85 Bridge Street, was then taken up. The Ordinance was
adopted for second and final passage.
(#424.1) — SECOND PASSAGE — ORDINANCE RELATIVE TO A BUDGET ANALYST
The matter of second and final passage of an Ordinance amending, Chapter 2, Article III,
Section 2-600, City Council Budget Analyst, was then taken up. The Ordinance was adopted for
second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Pelletier left the Chamber.
(#429) - SECOND PASSAGE — ORDINANCE RELATIVE TO SEWER USE CHARGES
The matter of second and final passage of an Ordinance amending, Chapter 46,
Section 230, Sewer Use Charges, was then taken up. The Ordinance did not pass by a roll call of 5
yeas, 5 yeas, 1 absent. Councillors Furey, O'Keefe, Prevey, Sargent and Veno were recorded as
voting in the affirmative. Councillors Lovely, McCarthy, Pinto, Ryan and Sosnowski were recorded
as voting in the negative. Councillor Pelletier was recorded as absent.
Councillor Pelletier returned to the Chamber.
Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail.
The motion was reconsidered.
The Ordinance was adopted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors
Furey, O'Keefe, Pelletier, Prevey, Sargent and Veno were recorded as voting in the affirmative.
Councillors Lovely, McCarthy, Pinto, Ryan and Sosnowski were recorded as voting in the negative.
Councillor O'Keefe moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
508 CITY OF SALEM
J U LY 17, 2008
REGULAR MEETING OF THE CITY COUNCIL
(#430) — SECOND PASSAGE — ORDINANCE AMENDING WATER USE CHARGES
The matter of second and final passage of an Ordinance amending, Chapter 46,
Section 66, Water Use Charges, was then taken up. The Ordinance was adopted for second and
final passage by a roll call of 9 yeas, 2 nays, 0 absent. Councillors Furey, McCarthy, O'Keefe,
Pelletier, Pinto, Prevey, Ryan, Sargent and Veno were recorded as voting in the affirmative.
Councillors Lovely and Sosnowski were recorded as voting in the negative.
On the motion of Councillor McCarthy the meeting adjourned at 10.45 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK