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MINUTES - Regular - 4/22/2010 376 CITY OF SALEM APRIL 22, 2010 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 22, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 16, 2010 at 8:59 A.M. All Councillors were present. Council President Robert McCarthy presided. Councillor Ryan 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 McCarthy requested and received unanimous consent for suspension of the rules to allow the Mayor to speak. There were no objections. #255 – 256 CONSTABLES The following Constable reappointments with the following terms to expire recommended by the Mayor were received and placed on file. Jason Gentry, 5 Station Rd., Salem Term to expire: April 1, 2013 James Townsend, 126 Front St. #2, Ashland Term to expire: April 1, 2013 #257 – AUTHORIZE SALE OF CITY OWNED LAND SZETELA LANE Received after the deadline of Tuesday noon under suspension of the rules. The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole. ORDERED: The Mayor is hereby authorized to sell City-owned parcels of land at 4 Szetela Lane (Assessor Map 41, Lot 243), 1 Rear Fort Avenue (Assessor Map 41, Lot 244), 1 Fort Avenue (Assessor May 41, Lot 245) to Shallop Landing at Collins Cove Partnership LLC for a purchase price of Eight Hundred Fifteen Thousand Dollars ($815,000.00). 377 CITY OF SALEM APRIL 22, 2010 REGULAR MEETING OF THE CITY COUNCIL #258 – MEMORIAL FOR WORLD WAR II VETERAN, PHILIAS J. VERRETTE Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the City grant permission to use city owned land to allow the Mack Park Neighborhood Association and the Salem Veterans Council to establish a suitable and permanent memorial at the corner of Mason and Friend Streets in honor of the late WW II Veteran Philias J. Verette. And that this matter be referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to meet with the Planning Department, Veterans Agent, City Solicitor and members of both the MPNA and Salem Veterans Council. Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Mr. Leger of the Veterans Council to speak. #259 – RESOLUTION SUPPORTING HOUSE BILL 3060 AND SENATE BILL 1543 RELATIVE TO DOUBLE POLES Councillor Pelletier introduced the following Resolution, which was adopted. RESOLUTION: WHEREAS: the City of Salem was recently highlighted in the Boston Globe as the community with the largest number of double poles North of Boston, and WHEREAS: double poles in communities cause problems with access for the disabled, pedestrian concerns, safety and are often the source of blight, and WHEREAS: oftentimes the 90-day time period allotted to utility companies to remove double poles is not adhered to, and WHEREAS: there is legislation pending in the Massachusetts House of Representatives and Senate to allow cities and towns the authority to assess fines for failure to comply with the state regulations of no more than $1,000.00 per occurrence NOW THEREFORE BE IT RESOLVED, as follows: That the Salem City Council supports the timely removal of double poles within our community to ensure safe travel for our pedestrians, access for our disabled community and the removal of a source of blight. BE IT FURTHER RESOLVED that the Salem City Council strongly supports House Bill 3060 and Senate Bill 1543, An Act Relative to Double Poles to allow communities across the 378 CITY OF SALEM APRIL 22, 2010 REGULAR MEETING OF THE CITY COUNCIL Commonwealth to have the authority to fine utility companies, $1,000.00 per occurrence, that fail to remove double poles within 90-days. #260 – PERMITTING FEE FOR RESTAURANTS OUTSIDE DINING ON CITY PROPERTY Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development co-posted with the Committee of the Whole meet to discuss establishing a permitting fee for restaurants and businesses requesting outside dinning on City owned property. As part of the discussion, the Committee shall invite representatives of the Licensing Board, Salem Redevelopment Authority, the Planning Department, City Solicitor and the Commission on Disabilities. #261 – CHARGING FOR PARKING METERS ON SUNDAYS Councillor Furey introduced the following Order, which was adopted. ORDERED: That the Committee on Administration and Finance co-posted with the Committee of the Whole meet to discuss the possibility of charging for parking meters on Sundays. And the following be invited Parking Director, Parking Board Members, Mayor or her representative, Director of the Chamber of Commerce and the City Solicitor. #262 – ORDINANCE TRAFFIC, PARKING TIME LIMITED UNMETERED ZONES, CROMBIE STREET Councillor Pelletier introduced the following Ordinance, which was adopted for first passage. In the year two thousand and ten An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A “Parking Time Limited, Unmetered Zones” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Crombie Street easterly side beginning at a point twenty (20) feet from Essex Street and continuing for a distance of 130 feet to #7 Crombie Street, two hour parking limited between signs, Monday through Saturday 8:00 A.M. to 6:00 P.M. Section 2. This Ordinance shall take effect as provided by City Charter. 379 CITY OF SALEM APRIL 22, 2010 REGULAR MEETING OF THE CITY COUNCIL #263 – ORDINANCE TRAFFIC, HANDICAP PARKING, LIMITED TIME HATHORNE STREET Councillor Pelletier introduced the following Ordinance, which was adopted for first passage. In the year two thousand and ten 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. Hathorne Street, in front of #77, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. #264 – (#241 - #243) GRANTING LICENSES Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs. 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 GUIDES Eric Fialho, 22 Hancock St., Salem Dominic Lavorante, 171 Loring Ave., Salem SEAWORM Antonios Konstantilakis, 4 Bow St., Salem #265 – (#494) TROLLEY ISSUES AT THE MBTA LOT Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Trolley issues at the MBTA lot, has considered said matter and would recommend that the matter be discharged from Committee. 380 CITY OF SALEM APRIL 22, 2010 REGULAR MEETING OF THE CITY COUNCIL #266 – (#197) FUEL SURCHARGE OF $1.00 BY TAXI OPERATORS Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a $1.00 fuel surcharge by Taxi Operators, has considered said matter and would recommend the matter remain in committee. #267 – (#130) REVOLVING FUND ACCOUNT FOR WINTER ISLAND Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of adopting Mass. General Law Chapter 44, Section 53E ½ to establish a revolving fund for Winter Island, has considered said matter and would recommend that the matter remain in committee. #268 – (#224) DONATION OF AN AMBULANCE TO THE POLICE DEPT. Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of accepting an ambulance as a donation from Action Ambulance Company to the Salem Police Department, has considered said matter and would recommend approval. #269 – (#225) APPROVING CDBG GRANT FUND APPLICATION Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of approving the submittal of the application for Federal Assistance to the US Dept. of HUD for CDBG funds, has considered said matter and would recommend that the matter of submitting the application be approved. 381 CITY OF SALEM APRIL 22, 2010 REGULAR MEETING OF THE CITY COUNCIL Councillor O’Keefe assumed the Chair #270 – (#659) ACCEPT MGL CH. 64L SEC. 2(a) – LOCAL MEALS EXCISE Councillor McCarthy offered the following report for the Committee of the Whole, which was adopted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Sargent and McCarthey were recorded as voting in the affirmative. Councillors Pinto, Prevey, Ronan, 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. The Committee of the Whole to whom was referred the matter of accepting Mass. General Law Chapter 64L, Section 2(a) to impose a local meals excise, has considered said matter and would recommend adoption by a roll call vote. #271 – (#660) ACCEPT MGL CH. 64G SEC. 3A – LOCAL ROOM OCCUPANCY EXCISE Councillor McCarthy offered the following report for the Committee of the Whole, which was adopted as amended by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Sargent and McCarthey were recorded as voting in the affirmative. Councillors Pinto, Prevey, Ronan, Ryan and Sosnowski were recorded as voting in the negative. Councillor Pelleiter moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee of the Whole to whom was referred the matter of accepting Mass. General Law Chapter 64G, Section 3A to impose a local room occupancy excise , has considered said matter and would recommend that the rate be amended to 5% and that it be adopted by a roll call vote. Councillor McCarthy resumed the Chair. #272 – #272A COMMUNICATION FROM SOLICITOR SUBMITTING ORDINANCE RELATIVE TO PEDICABS Received after the deadline of Tuesday noon under suspension of the rules. 382 CITY OF SALEM APRIL 22, 2010 REGULAR MEETING OF THE CITY COUNCIL A communication from Solicitor Elizabeth Rennard was received submitting an Ordinance amendment relative to pedicabs, was referred to the Committee on Ordinances, Licenses and Legal Affairs. In the year two thousand and ten An Ordinance to amend and Ordinance relative to pedicabs Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 44-63(d) Insurance of Chapter 44, Article III is hereby amended by deleting the phrase “not less than $1,000,000.00 per occurrence” and replacing it with the phrase “not less than $300,000.00 per occurrence”. Section 2. This Ordinance shall take effect as provided by City Charter. #273 – POLE LOCATION AND CONDUIT ON FRANKLIN STREET A hearing was ordered on May 13, 2010 on the petition from National Grid to install one pole and conduit on Franklin Street. #274 – PETITION FOR OUTDOOR SEATING BY JAHO COFFEE & TEA, 197 DERBY STREET A petition from Anil Mezini the owner of Jaho Coffee & Tea located at 197 Derby Street for outdoor seating was referred to the Committee on Ordinances, Licenses and Legal Affairs co- posted with the Committee of the Whole and that the Commission on Disabilities be invited. #275 – PETITION FOR OUTDOOR SEATING BY JAHO COFFEE, 50 WHARF STREET A petition from Anil Mezini the owner of Jaho Coffee located at 60 Wharf Street for outdoor seating was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole and that the Commission on Disabilities be invited. 383 CITY OF SALEM APRIL 22, 2010 REGULAR MEETING OF THE CITY COUNCIL #276 – REQUEST FROM TRI CITY SERVICES, TO INCREASE TAXI FARES A request from Igor Likterov, owner of Tri City Services, to increase taxi fares was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. #277 – REQUEST FROM B&S FITNESS FOR USE OF CITY STREETS A request from B&S Fitness to hold four different events and use of City streets on the following dates: August 7, 2010, August 22, 2010, September 25, 2010 and October 31, 2010 was granted. #278 – #280 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDE Jacqueline Kamel, 189 Oxford St., Lynn SECOND HAND CLOTHING Two Girls Shop, 83 Washington St., Salem SECOND HAND VALUABLE Two Girls Shop, 83 Washington St., Salem #281 – LICENSE APPLICATIONS The following license applications were granted. VEHICLE FOR HIRE Gary Preston, 40 Jones Ave. 1-1, Chelsea OPERATOR ONLY Douglas Parker, 7 N. Pine St., Salem Matthew Weaver, 266 Robert St., Westport John Shorter, 44 Forrester St. #2, Salem #282 – DRAINLAYER / CONTRACT OPERATOR The following Drainlayer/Contract Operator license application was granted. Ciampa Construction, 36 Dewey St., Saugus 384 CITY OF SALEM APRIL 22, 2010 REGULAR MEETING OF THE CITY COUNCIL #283 – #286 CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Allison Austin, 22 Oak View Ave., Salem Marie Brescia, 48 Essex St. #7, Salem Verizon Claims Dept., 615 N. Classen Blvd., Oklahoma Nidia Zepeda, 137 Ocean Ave West, Salem #287 - BONDS The following bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER Ciampa Construction, 36 Dewey St., Saugus (#231) - SECOND PASSAGE ORDINANCE TRAFFIC, STOP SIGN PERKINS STREET The matter of second and final passage of an Ordinance amending Traffic Ch. 42 Sec. 49 “Obedience to Isolated Stop Sign” Perkins Street, was then taken up. The Ordinance was adopted for second and final passage. Councillor Furey requested a moment of silence on the recent death of Joan Gormalley. On the motion of Councillor Prevey the meeting adjourned at 8:47 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK