MINUTES - Regular - 4/23/2009 1 1 0 CITY OF SALEM
APRIL 23, 2009
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
April 23, 2009 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on April 17, 2009 at 8.50 A.M.
Councillor Jean M. Pelletier was recorded as absent.
Council President Paul Prevey presided.
Councillor Furey moved to dispense with the reading of the record of the previous meeting. It
was so voted
President Prevey requested that everyone please rise to recite the Pledge of Allegiance.
Councillor O'Keefe requested and received unanimous consent to suspend the rules to
allow Fire Chief David Cody to give a commendation to members of the Salem Fire Department,
Division 1, for the rescue of a female resident of Jefferson Avenue, from a structure fire on April 7,
2009.
#235 — REAPPOINTMENTS TO THE DESIGN REVIEW BOARD
The Mayor's reappointment of the following to serve on the Design Review Board was
confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent,
Ryan, Pinto, O'Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the
affirmative. Councillor Pelletier was recorded as absent.
Michael Blier, 10 Derby Sq., Salem Term to Expire: February 1, 2010
Glenn Kennedy, 108 Leach St., Salem Term to Expire: February 1, 2012
Ernest DeMaio, 289 Essex St., Salem Term to Expire: February 1, 2012
#236 — TRANSFER TO "HUMAN RESOURCES —WORKERS COMPENSATION"
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of One Thousand Two Hundred and Twenty-Two Dollars and
Twenty-six Cents ($1,222.26) is hereby transferred from the "Human Resources —Advertising"
account to the "Human Resources —Worker's Compensation" account in accordance with the
recommendation of Her Honor the Mayor.
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#237 —APPR. TO BE EXPENDED FOR RETIREMENT BUYBACK
The following Order recommended by the Mayor was received after the deadline of Tuesday
noon under suspension of the rules and referred to the Committee on Administration and Finance
under the rules.
ORDERED: That the sum of Sixty Four Thousand, Six Hundred and Fifty Eight Dollars and
Ninety-Four Cents ($64,658.94) is hereby authorized and appropriated from the accounts listed
below to be expended for the retirement buyback for the individuals in the Departments listed
below in accordance with the recommendation of Her Honor the Mayor.
Retirement Stabilization John Burke ERI $10,000
Retirement Stabilization Croteau ERI $10,000
Retirement Stabilization Paul Lemelin ERI $10,000
Retirement Stabilization Mark Riley ERI $10,000
Retirement Stabilization Zendarski Sic/Vac $14,658.94
Retirement Stabilization Zendarski ERI $10,000
#238 — RESOLUTION EAGLE SCOUT AWARD TO SHANE EDWARD MARTIN
Councillor Furey introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Shane Edward Martin has achieved the highest rank in Scouting, the
"Eagle Scout" Award; and
WHEREAS: Shane's project was the restoration of the main fence and gate to Pioneer
Village at Forest River Park. And through his organization of many
volunteers and with the help of numerous donations from local businesses,
he was successful of attaining his goal; and
WHEREAS: The Salem City Council takes great pride in the accomplishments of the
youth in our community and acknowledges the effort and hard work that is
required to achieve this; and
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REGULAR MEETING OF THE CITY COUNCIL
WHEREAS: The Eagle Scout Award is the highest award in scouting, and is a tribute to
Shane's dedication and perseverance; and
WHEREAS: This award is an achievement which is an honor of which Shane and his
family should be extremely proud.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City
of Salem, congratulates Shane Edward Martin on his Eagle Scout award, and we express our admiration on
this highest achievement in Scouting.
AND BE IT FURTHER RESOLVED: That the City Council make this Resolution a matter of record of these
proceedings, and that a suitable copy of this Resolution be presented to Shane Edward Martin, along with a
copy of the City Seal, at his Court of Honor on Saturday, April 25, 2009.
#239 — FEASIBILITY OF INSTALLING ELECTRICAL OUTLETS IN THE PARKING GARAGES
FOR ELECTRIC MOTOR VEHICLES
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the Salem Parking Department Board and the Director of Parking explore
the feasibility of installing electrical outlets in the South Harbor and Museum Place Public Parking
Garages for new generation electric motor vehicles, scooters, etc.
#240 — MOORING FEES FOR COMMERCIAL BOATS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
mooring fees for commercial boatyards and other commercial operations relative to mooring for
transient status and that representatives from Dion's Yacht Yard, Hawthorne Cove Marina,
Pickering Wharf Marina, Peter Haywards Boatyard, the Harbormaster, Solicitor and Finance
Director be invited.
#241 — LEASH LAW VIOLATIONS AT VARIOUS PARKS IN SALEM
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
the problems of"off leash" dogs at various parks throughout the City. And that a representative of
the Park and Recreation Department, Park and Recreation Commission, City Solicitor, Dog Officer
and Police Department be invited.
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#242 — USE OF ALCOHOL ON THE SALEM COMMONS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
the use of alcohol on the Salem Commons. Also that a representative of the Park and Recreation
Department, Park and Recreation Commission, Mayor's Office, City Solicitor, Police Department,
Licensing Board, Salem Common Neighborhood Association, Hawthorne Hotel, Knights of
Columbus and the Chamber of Commerce be invited.
#243 — (#227) 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 approval.
TAG DAY Salem Youth Football, 8/29/09, 9/5/09 & 10/17/09
Councillor Ryan recused himself and left the Chamber.
#244 — (#178) HOME RULE PETITION FOR DERBY DELI
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.
Councillor Prevey was recorded as opposed.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter
of a Home Rule Petition for Derby Deli, has considered said matter and would recommend that the
Home Rule Petition be approved.
Also that a draft letter to the administration, Mayor Kimberley Driscoll inviting the
administration and the Department Heads, Licensing Board, Solicitor, Chamber of Commerce and
others to form a subcommittee to draft guidelines for home rule petition liquor licenses.
Councillor Ryan returned to the Chamber.
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#245 — (#211) COMMUNITY BLOCK GRANT APPLICATION FOR HUD LOAN
Councillor Veno 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 Block Grant Funds, has considered said matter and would
recommend approval.
#246 — (#207) APPR. TO HUMAN RESOURCES —WORKER'S COMPENSATION SALARIES
FROM FREE CASH
Councillor Veno 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 an
appropriation in the amount of$49,000.00 from the "Fund Balance Reserved for Appropriation —
Free Cash" account to the "Human Resources —Workers Compensation Salaries" account, has
considered said matter and would recommend approval.
Councillor O'Keefe assumed the Chair.
#247 — (#639A of 2008) MODEL ORDINANCE FOR ABANDONED PROPERTIES
Councillor Prevey 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 model ordinance for fines
and penalties for abandoned properties, has considered said matter and would recommend that
the matter remain in Committee and that a working committee be formed to recommend changes
to the model ordinance on foreclosed properties and return the findings to the Committee of the
Whole.
#248 — (#471 of 2008) GUIDELINES FOR HOME RULE PETITIONS
Councillor Prevey offered the following report for the Committee of the Whole. It was voted
to accept the report and adopt the recommendation.
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The Committee of the Whole to whom was referred the matter of guidelines for Home Rule
Petitions, has considered said matter and would recommend that a sub committee be formed to
develop local guidelines for Home Rule Petitions and that the matter remain in Committee.
Councillor Prevey assumed the chair.
#249 — PANTAGES TRANSIT COMPANY REQUEST FOR STREET LICENSE WITH STOPS
The petition from Pantages Transit Company requesting a Street License with stops, was
referred to the Committee on Ordinances, Licenses and Legal Affairs.
#250 — CYCLE FOR LIFE BIKE RUN USE OF STREETS
A communication from Cycle for Life for a bike run through Salem on Saturday, September
12, 2009, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#251 — STOP SIGN ON VALLEY AT PARLEE STREET
The petition from Jan and Jim Corbett to make a stop sign on Valley at Parlee Street
permanent was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted
with the Committee of the Whole.
#252 —APPLICATION FOR WEIRS, POUND NETS OR FISH TRAPS LICENSE
The application of Douglas W. Heath for a Weirs, Pound Nets or Fish Traps license, was
referred to the Committee on Ordinances, Licenses and Legal Affairs.
#253 — TAG DAY APPLICATION
The following license application was referred to the Committee on Ordinances, License and
Legal Affairs.
TAG DAY Salem High School Marching Band, December 5, 2009
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#254 —#256 LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATORS Clifford Gately, 9 Crombie St., Salem
Jose Fernandez, 41 Walnut St., Peabody
VEHICLE FOR HIRE Salem Trolley, 8 Central St., Salem (4 Trolleys)
VEHICLE FOR HIRE
OPERATORS ONLY Walter Zitano, 365 Mountain Ave., Revere
Ronald Olson, 154 Lafayette St., Marblehead
#257 — DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATION
The following Drainlayer/ Contract License application was granted.
Mirra Co. Inc., 6 Norino Way, Georgetown
Rooter Man, 15 Little Lane, Peabody
#258 — CLAIM
The following Claim was referred to the Committee on Ordinances, License and Legal
Affai rs.
Joanne Paul, 74 Humphrey St., Swampscott
#259 - BOND
The following Bond was referred to the Committee on Ordinances, License and Legal Affairs
and returned approved.
DRAINLAYER Rooter Man, 15 Little Lane, Peabody
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REGULAR MEETING OF THE CITY COUNCIL
(#557) - SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, ZONES ESTABLISHED,
PARKING TIME LIMITED, AND FEES
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Sec. 56 , Zones Established, Sec. 57 Parking Time Limited and Sec. 63, Fees Parking Time
Limited, was then taken up. The Ordinance was adopted for second and final passage.
Councillor O'Keefe was recorded as opposed.
(#217A) — SECOND PASSAGE ORDINANCE AMENDING PUBLIC NOTICE AND
AVAILABILITY OF INFORMATION
The matter of second and final passage of an Ordinance amending Article XIV of Chapter 2,
Data Processing Public Notice and Availability of Information, was then taken up. The Ordinance
was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the
Committee of the Whole.
On the motion of Councillor O'Keefe the meeting adjourned at 8.25 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK