MINUTES - Regular - 1/28/2010
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CITY OF SALEM
JANUARY 28, 2010
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
January 28, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on January 22, 2010 at 9:27 A.M.
All Councillors were present.
Council President Robert McCarthy presided.
Councillor Prevey moved to dispense with the reading of the record of the previous meeting. It
was so voted.
President McCarthy 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 Mayor Kimberley Driscoll to swear in the new fire fighters.
The following fire fighters were sworn in:
Kasim Al-Nabulsi, Justin Henderson, Kevin O’Boyle, Matthew Darrisse, Seth Hagerty,
Steven Holzer and Brandon Lamson.
(#29) – HEARING ON PETITION OF BURGER KING FOR EXTENDED HOURS
A Public Hearing was held on the petition from Burger King for extended hours of operation.
Appearing in favor was Ron Dominick, District Manager from Epping New Hampshire for
Burger King. There was no one appearing in opposition.
Councillor Pelletier moved that the hearing be closed. It was so voted.
Councillor Pelletier moved that the petition be granted with the following conditions that the hours
be 6:00 AM to 12:00 AM Sunday through Thursday and Friday and Saturday 6:00 AM to 2:00 AM
for a six month period, also that there be signage of no loitering. It was so voted.
#54 – (#28) INSTALL CONDUIT ON ST. PETER STREET BY NATIONAL GRID
A hearing was held on the Order from National Grid to install one conduit on St. Peter
Street.
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Appearing in favor was Sabitah Nahbier-Sheety representative for National Grid. She stated
this was needed to service the new condo’s at the Old Salem Jail.
Councillor Sosnowski asked that the petition be approved with the contingency that the
Historical Commission approves where the switch box is to be hidden. Withdrawn
Councillor Ronan asked that the petitioner put the switch box on the jail property.
Councillor Pinto moved that the matter be referred to the Committee on Public Health,
Safety and Environment co-posted with the Committee of the Whole. It was so voted.
Councillor Lovely requested that the Historical Commission be invited.
Councillor Sosnowski requested that the petitioners present an alternative plans below
grade or another location and hold the meeting before the next Council meeting and invite the City
Electrician, Penn Lindsey of New Boston Ventures and National Grid.
(#4) APPOINTMENT OF JEFFREY BRANDT AS ALTERNATE MEMBER OF THE RENEWABLE
ENERGY TASK FORCE
Held from the last meeting the Mayor’s appointment of Jeffrey Brandt to serve as an
alternate member on the Renewable Energy Task Force with a term to expire December 1, 2012,
the appointment was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Sosnowski requested and received unanimous consent to allow Mr. Brandt to
speak.
#55 – CONSTABLE
The Mayor’s appointment of Nathaniel Greene to serve as a Constable with a term to expire
January 5, 2011, was received and placed on file.
#56 - CONSTABLE
The Mayor’s appointment of Fotis Plessas to serve as a Constable with a term to expire
January 6, 2011, was received and placed on file.
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#57 – TRANSFER TO BE EXPENDED FOR PURCHASE OF PUMPS FOR HEATING SYSTEM
AT POLICE STATION
The following Order recommended by the Mayor, was referred to the Committee on
Administration and Finance.
ORDERED: That the sum of Nine Thousand Two Hundred Dollars ($9,200.00) is hereby
appropriated to the “Capital Outlay Equipment” account to be expended for the purchase of
circulating pumps for heating system for the Police Station in accordance with the recommendation
of Her Honor the Mayor.
#58 – TRANSFER TO POLICE – COMMUNITY EVENTS
The following Order recommended by the Mayor, was referred to the Committee on
Administration and Finance.
ORDERED: That the sum of Nine Thousand, One Hundred and Ninety-Eight Dollars and
Thirty-Seven Cents ($9,198.37) is hereby transferred from the “Police – Overtime” account to the
“Police – Community Events” account in accordance with the recommendation of Her Honor the
Mayor.
#59 – MOTHER-IN-LAW APARTMENTS
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
revising and defining, reviewing an ordinance pertaining to “Mother-In-Law” apartments. Invited to
this meeting should be the Building Inspector and City Solicitor.
#60 - ESTABLISH A TRAFFIC AND PARKING COMMISSION
Councillor Ryan introduced the following Order, which was adopted. Councillor Sosnowski
and Ronan were recorded as opposed.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
establishing a Traffic and Parking Commission in the City of Salem.
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#61 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following order, which was adopted.
ORDERED: That the Monthly Financial Report dated December 31, 2009, be received and
placed on file.
#62 – HELP FAMILIES DEPLOYED DUE TO MILITARY SERVICE
Councillor Ryan 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 helping families who have members deployed due to military service.
Invite Veteran’s Agent, Veteran’s Council and Major Martha Ryan.
#63 – (#359, 37, 249,328,345, 548) ISSUES RELATIVE TO PARKING
Councillor Lovely 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
matters of Reserved Parking in South Harbor Garage, Street Sweeping, Pantages Transit Co.
Street License, Resident Sticker parking program, petition relative to increase of resident sticker
parking permits and a traffic ordinance relative to Essex Street, has considered said matters and
would recommend that the matters be discharged from Committee.
#64 – (#630) DESIGNATING SOLICITOR AS LIAISON TO STATE ETHICS COMMISSION
Councillor Lovely 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 the City Solicitor Elizabeth Rennard as the liaison to the State Ethics Commission
has considered said matter and would recommend approval.
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#65 – (#33 - #44) GRANTING LICENSES
Councillor Lovely 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 except
Junk Dealer – Frederick Hutchinson.
PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem
PUBLIC GUIDE James McAllister, 86 Federal St., Salem
William Sano, 35 Daniels St., Salem
Paul Gordon, 100 Green St., Lynn
SEAWORMS Manuel Silva, 52 Paleologos St., Peabody
SECOND HAND Witch City Consignment & Thrift, 301 Essex St., Salem
CLOTHING
SECOND HAND Filigree & Fancy, Pickering Wharf, Salem
VALUABLE Witch City Consignment & Thrift, 301 Essex St., Salem
Salem Loan & Jewelry, 33 New Derby St., Salem
TAG DAYS Salem Youth Basketball, January 30 & 31, 2010
Salem High School Girls & Boys Basketball, February 20 & 27, 2010
Salem High School Baseball, March 12-14, 2010
Veteran’s of Foreign Wars, Post 1524, May 26-29, 2010
Salem High School Field Hockey, September 11 & 25, 2010
Veteran’s of Foreign Wars, Post 1524, November 5-8, 2010
#66 – (#6) APPROPRIATION FOR RETIREMENT BUYBACK FOR THE SCHOOL
DEPARTMENT
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 an
Appropriation in the amount of $107,534.40 from the Retirement Stabilization Fund to be expended
for the retirement buyback of five (5) school department employees, has considered said matter
and would recommend approval.
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#67 – (#7) APPROPRIATION FOR ENGINEERING SEWER PUMP STATION OPERATION &
MAINTENANCE
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 an
Appropriation in the amount of $45,000.00 from Retained Earnings – Sewer Fund to Engineering
Sewer Pump Station Operation & Maintenance account, has considered said matter and would
recommend approval.
#68 – (#8) APPROPRIATION FOR TREASURER’S WATER PROFESSIONAL SERV/FEES
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 an
Appropriation in the amount of $1,500.00 from Retained Earnings – Water Fund to the Treasurer’s
– Water Professional Services/Fees account, has considered said matter and would recommend
approval.
#69 – PETITION FROM HAWC TO HOLD ANNUAL WALK
The petition from HAWC to hold their annual Walk on April 25, 2010 beginning at 11:00 A.M.
was granted.
#70 – PETITION FROM NORTH SHORE MEDICAL CENTER FOR ROAD RACE/ WALK
The petition from North Shore Medical Center and the Wicked Running Club of Salem to
hold a road race as part of the Cancer Walk on June 20, 2010 beginning at 7:30 A.M. was held.
#71 -#72 LICENSE APPLICATIONS
The following license applications were granted:
LIMOUSINE Salem Car Service, 12 Mt. Vernon St., Salem (1)
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LICENSES CONTINUED:
TAXI OPERATORS Michael Paciulli, 50 Jenness St., Lynn
Kevin Guilfoyle, 16 Northend Ave., Salem
Douglas Stephens, 9 Park St. #30, Beverly
Juan Moranta, 120 Bridge St., Salem
Thomas Alley, 27 Webb St. #2, Salem
David Beauchamps 388 Essex St., Salem
Scott Boyle, 9 Perkins St. A-1L, Gloucester
Evangelis Rodriguez, 114 Central St., Peabody
Robert Latulippe, 7G Central Court, Beverly
Dave Doherty, 23 Bresnahan St., Peabody
Roberto Pacheco, 105 Congress St. #4, Salem
#73 – LICENSE APPLICATION DENIALS
The following license application was denied.
TAXI OPERATOR Fausto Martinez, 117 Lafayette St., Salem
#74 – REQUEST FOR HEARING ON DENIAL OF TAXI OPERATOR LICENSE
A request from Fausto Martinez for a hearing on denial of taxi operator license was referred
to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session on
February 11, 2010.
#75 - #76 TAG DAY LICENSE
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs
TAG DAYS Salem High School Softball, April 10, 2010 & May 8, 2010
Salem High School Boys Soccer, Sept. 18, 2010 & Oct. 16, 2010
#77 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator license applications were granted.
E.B. Rotondi & Sons, Inc., 21 Manison St., Stoneham
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Peterson Enterprises, 210 Broadway, Lynn
#78 - #83 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
Marie Barron, 3 Peppercorn Lane, Andover
Eileen Dunn, 37 School St., Beverly
Jenna Faro, 4 Mason St., Salem
Louis Seibert, 22 Hersey St., Salem
SUBROGATED Arbella Mutual Ins. (for Marie Erps) 1100 Colony Dr., Quincy
Attorney Christopher Poole (for Gloria Kingsley), 20 Main St., Natick
#84 - #85 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE Nathaniel Greene, 29 Frederick Rd., Braintree
Fotis Plessas, 11 Hatzis Way, Lynn
(#674) SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING HAZEL STREET
Held from the last meeting the matter of second and final passage of an Ordinance
amending Traffic Ch.42, Section 50B, Handicap Parking, Hazel Street, was then taken up.
The Ordinance was adopted for second and final passage.
(#21) SECOND PASSAGE, ORDINANCE TRAFFIC, PARKING PROHIBITED CERTAIN TIMES
The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec. 51,
Parking Prohibited certain times Hathorne Street, was then taken up. The Ordinance was adopted
for second and final passage.
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(#22) SECOND PASSAGE, ORDINANCE TRAFFIC, UNMETERED ZONE & SERVICE ZONE
CROMBIE STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42 Sec. 57A
Unmetered Zone and Sec. 13 Service Zone Crombie Street, was then taken up. The Ordinance
was adopted for second and final passage.
(#20) SECOND PASSAGE, ORDINANCE TRAFFIC, PARKING TIME LIMITED, WASHINGTON
STREET
The matter of second and final passage of an Ordinance amending Traffic Ch.42, Section
57A, Parking Time Limited, Unmetered Zone Washington Street, was then taken up. The
Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK