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MINUTES - Regular - 6/9/2011 166 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL “Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and City Ordinance Sections 2-2028 through 2-2033.” A Regular Meeting of the City Council held in the Council Chamber on Thursday, June 9, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on June 2, 2011 at 6:45 P.M. This meeting is being taped and is live on S.A.T.V. All Councillors were present. Council President Ryan presided. Councillor Prevey moved to dispense with the reading of the record of the previous meeting. It was so voted. President Ryan requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY 1. Max McCauliffe, 82 Linden Street, subject “Slow Children Signs on Linden Street” #372 – UNDERGROUND VAULT COVER ON SUMMER STREET A hearing was held on the Order of Comcast to repair an underground vault on Summer Street. Appearing in favor was Tim Broderick of Comcast. Appearing in opposition was David Henry resident of 36 Summer Street. The Hearing was closed. Councillor Pelletier moved that the permit be granted. It was so voted. #373 – CONSTABLE The Mayor’s appointment of Donald Blakely Jr. to serve as a constable for a term to expire June 29, 2013 was received and placed on file. 167 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL #374 – BOND ORDER FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS The following order recommended by the Mayor. Councillor McCarthy moved suspension of the rules to adopt the Bond Order. Councillor Ronan moved to amend the Bond Order to reduce it to $3,022,500.00, failed by roll call vote of 4 yeas, 7 nays, 0 absent. Councillors Sosnowski, Ronan, Prevey and Pinto were recorded as voting in the affirmative. Councillors Sargent, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the negative. Councillor O’Keefe moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor O’Keefe moved for adoption of the Bond Order in the amount of $4,022,500.00 for first passage by roll call of 7 yeas, 4 nays, 0 absent. (did not pass needed 8 votes) Councillors Sargent, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillors Sosnowski, Ronan, Prevey and Pinto were recorded as voting in the negative. Councillor Pelletier moved for immediate reconsideration to adopt for first passage by roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Ronan and Pinto were recorded as voting in the negative. Councillor O’Keefe moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. BOND ORDER: That the sum of $4,022,500.00 be and hereby is appropriated to pay costs of various capital improvements set forth below, and for the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Section 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue and sell bonds or notes of the City therefore. Purposes Amount Replace domain controller & exchange servers 125,000.00 City Hall roof 660,000.00 City Hall skylights 150,000.00 City Hall windows 340,000.00 City Hall Masonry repairs 850,000.00 168 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL Parking Study recommendation (new smart meters city wide) 200,000.00 Police Vehicle replacement – 4 marked patrol cars 120,000.00 Public Services Equipment-F-550 1 ton pickup w/plow & Sander 65,000.00 Infrastructure – roads, sidewalks, cross walks (non Chapter 90 eligible) 800,000.00 Infrastructure – Collins Cove Seawall 125,000.00 Park, Rec. Comm. F-350 pickup w/plow/lift gate for Winter Island 35,000.00 Schools – 42 passenger wheelchair bus 87,500.00 Schools – 77 passenger conventional bus 90,000.00 Sewer Infrastructure – Forrester Street relief drain 375,000.00 #375 - SLOW CHILDREN AT PLAY SIGN LINDEN STREET Councillor Ronan introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. ORDERED: That two yellow warning signs “Slow Children at Play” be posted in front of #82 Linden Street facing both directions. #376 – MEET WITH NEW COUNCIL BUDGET ANALYST Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Committee on Administration and Finance co-posted with the Committee of the Whole meet with the new City Council Budget Analyst for a presentation on his overview and analysis of the FY2012 budget. And that this meeting take place on Tuesday, June 14, 2011 at 6:00 P.M. #377 – ORDINANCE TRAFFIC HANDICAP PARKING OCEAN AVENUE WEST Councillor Pelletier introduced the following Ordinance, which was adopted for first passage. In the year two thousand and eleven An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicapped Zones, Limited Time” 169 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Ocean Avenue West in front of #139, for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”. Section 2. This Ordinance shall take effect as provided by City Charter. #378 – ORDINANCE TRAFFIC HANDICAP PARKING ESSEX STREET Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year two thousand and eleven An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicapped Zones, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Essex Street in front of #58, for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”. Section 2. This Ordinance shall take effect as provided by City Charter. #379 – ORDINANCE TRAFFIC HANDICAP PARKING IRVING STREET Councillor Prevey introduced the following Ordinance, which was adopted for first passage. In the year two thousand and eleven An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicapped Zones, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Irving Street in front of #3, for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”. Section 2. This Ordinance shall take effect as provided by City Charter. 170 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL #380 – RESOLUTION DESIGNATING JUNE AS GAY PRIDE MONTH Councillor Prevey introduced the following Resolution, which was adopted. RESOLUTION: WHEREAS: Lesbian, gay, bi-sexual and transgender people across the country and the world are celebrating and commemorating the community’s history of activism, diversity, courage, and achievement in the struggle for equality; and WHEREAS: June has been historically and civically been designated Gay Pride Month since President Clinton first declared it in June, 2000, and since then President Obama, based upon the landmark events of the June 1969 New York City Stonewall riots. WHEREAS: Salem has long been a community of diversity, tolerance and acceptance, with many diverse groups, in particular, the LGBT community; and WHEREAS: LGBT residents of Salem have made valuable contributions in areas of business, the arts, volunteerism, private and public leadership, civil rights, medicine and education ; and continue to make visible contributions to many other areas of life; and WHEREAS, the LGBT community nation and worldwide will be celebrating in cities small and large throughout the month of June , the history of achievement in the recognition and appreciation of their lives, their work and their families, all in the fight for greater equality; NOW, THEREFORE BE IT RESOLVED by the City Council of Salem, does hereby recognize the diverse fabric of Salem of which the LGBT community is a part and does hereby acknowledge the many contributions of the LGBT community in Salem, the Commonwealth of Massachusetts and the United States of America and encourages all people to share in the pride of Salem’s LGBT residents. Councillor O’Keefe assumed the Chair. #381 – COUNCIL MEETINGS FOR JULY AND AUGUST Councillor Ryan introduced the following Order, which was adopted. ORDERED: That the regular meetings of the City Council, for the months of July and August th be combined and held on Thursday, July 14, 2011. Councillor Ryan resumed the Chair. 171 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL #382 – SEEK DONATIONS FOR FIRE TRUCK Councillor Pelletier introduced the following Order, which was adopted. ORDERED: In regards to the P.I.L.O.T. and S.I.L.O.T. programs for non-profit organizations within the City, we ask that the Mayor’s administration, Salem State University, Partners Health Care d.b.a. Salem Hospital and the Peabody Essex Museum as well as other non-profit organizations in the City of Salem to make a one time cash donation for the purchase of a new aerial ladder truck for the Salem Fire Department and report back to the Committee of the Whole before August. #383 – HARBORMASTER POSITION Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole meet to discuss the position of the Harbormaster and that the following be invited, Chief of Police or his representative, Mayor or her representative, Finance Director, the Acting Harbormaster or his representative and the Human Resource Director. #384 – QUALITY OF LIFE ISSUES FOR RESIDENTS OF FRANKLINS ST., FRANKLIN CT. & FOSTER ST. AREA Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole meet to discuss the variety of quality of life issues which have created problems for several of abutting residents in the Franklin Street, Franklin Court and Foster Street area and that the committee invite the abutting neighbors, the Building Inspector, Health Agent, Police Chief or his representative, City Solicitor and owners of the abutting businesses. 172 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL #385 – (#364 & #365) 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. PUBLIC GUIDES Urias O’Keefe, 81 Marion St., Lynn Dominic Lavorante, 171 Loring Ave., Salem TAG DAYS S.H.S. Football Cheerleading Boosters, 7/10/11, 7/23/11 & 8/7/11 #386 – (#338 & #339) TAXI OPERATOR HEARING 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 a hearing request by William Timothy Keane on the denial of his Taxi Operator License, has considered said matter and would recommend approval. #387 – (#338 & 340) TAXI OPERATOR HEARING 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 a hearing request by Elliott Eflin on the denial of his Taxi Operator License, has considered said matter and would recommend denial. #388 – #388A ORDINANCE AMENDING COMPENSATION FOR THE SCHOOL COMMITTEE 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 amending an ordinance relative to the compensation of the School Committee, has considered 173 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL said matter and would recommend raise compensation by $500.00 per year for a total of $3,000.00 per year and review every other year and that the City Solicitor draft the ordinance. The following Ordinance was submitted by the Solicitor was introduced. Councillor Furey moved to amend the raise amount to a total of $4,500.00 per year, was defeated by roll call vote of 7 yeas, 4 nays, 0 absent. (requires 8 votes) Councillors Sosnowski, Sargent, Prevey, Pinto, McCarthy, Furey and Ryan were recorded as voting in the affirmative. Councillors Ronan, Pelletier, O’Keefe, and Lovely were recorded as voting in the negative. The Ordinance was adopted for first passage as submitted by roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Sargent, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillors Sosnowski and Ronan were recorded as voting in the negative. A motion for immediate reconsideration in the hopes it would not prevail was denied. In the year two thousand and eleven An Ordinance to amend an Ordinance relative to School Committee member compensation Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 2-956 Compensation of Members of Chapter 2, Article IV, Division 11 School Committee is hereby amended by 1. deleting the year “1989” and replacing it with the year “2011”; 2. deleting the compensation of “$2,500.00” and replacing it with “$3,000.00”; and 3. inserting the following sentences at the end of this section: “During the first three months of the city council’s biennial organization, commencing January, 2012, the matter of the school committee’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 compensation of the school committee members for the subsequent two fiscal years.” Section 2. This Ordinance shall take effect as provided by the City Charter. 174 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL #389 – (#217) ORDINANCE AMENDING THE LICENSING BOARD CLERK Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with 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 Committee of the Whole to whom was referred the matter of an Ordinance amending Chapter 2 Licensing Board Clerk and duties of the Solicitor, has considered said matter and would recommend approval. The Ordinance was adopted for second and final passage. Councillor Sosnowski was recorded as opposed. #390 – (#348) APPROPRIATION TO REDUCE AMOUNT OF FY2012 BUDGET Councillor McCarthy 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 of $360,000.00 from “Retained Earnings – Water Fund” to reduce the gross amount to be raised through water rates to fund the FY2012 Water Enterprise budget, has considered said matter and would recommend approval. #391 – (#349) APPROPRIATION TO REDUCE AMOUNT OF FY2012 BUDGET Councillor McCarthy 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 of $148,000.00 from “Retained Earnings – Sewer Fund” to reduce the gross amount to be raised through sewer rates to fund the FY2012 Sewer Enterprise budget, has considered said matter and would recommend approval. #391 – (#315) 2011-2015 CAPITAL IMPROVEMENT PLAN Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. 175 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL The Committee on Administration and Finance to whom was referred the matter of the 2011-2015 Capital Improvement Plan, has considered said matter and would recommend approval. #393 – #393A ADOPTION OF PLAND AND LEGAL LANGUAGE FOR RE-PRECINCTING Councillor Ryan offered the following report for the Ad-Hoc Committee on Re-Precincting. It was voted to accept the report and adopt the recommendation. The Ad-Hoc Committee on Re-Precincting to whom was referred the matter of adoption for first passage the plan and legal description for Wards and Precincts, has considered said matter and would recommend adoption for first passage by roll call vote. The Ordinance for Re-Precincting was adopted for first passage by roll call vote of 10 yeas, 0 nays, 1 present. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. There were no Councillors voting in the negative. Councillor Pelletier was recorded as present. A motion for immediate reconsideration in the hopes it would not prevail was denied. In the year two thousand and eleven An Ordinance to amend an Ordinance relative to the description of Ward and Precinct Boundaries in the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Article I, Section 2-8 of the City of Salem Code of Ordinances, is hereby amended by deleting this section in its entirety, and inserting inplace thereof, the following: Section. 2-8. Description of Ward Boundaries. The division of the city into seven (7) wards shall be established, known, bounded, and described as follows: Ward 1 All of that portion of Salem City bounded and described as follows: 1. Beginning at the point of intersection of Essex Street and Central Street, and proceeding generally northeasterly along Essex Street to Webb Street, and proceeding northwesterly along Webb Street to Collins Street, and proceeding northerly along Collins Street to Arbella Street, and 176 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL proceeding easterly for 680 feet on a compass bearing of 102 degrees to a midpoint in Collins Cove, and proceeding northeasterly for 3,920 feet on a compass bearing of 28 degrees to a mid-harbor point on the Beverly/Salem city line, and proceeding generally easterly along the Beverly/Salem city line to the Essex county line, and proceeding southwesterly along the county line to the Marblehead/Salem town/city line, and proceeding generally northwesterly, westerly, and southwesterly along the Marblehead/Salem town/city line to a point on the Marblehead/Salem town/city line where it intersects with the northeasterly projection of Ocean Avenue, and proceeding northwesterly to a point in the cove where it intersects with the northeasterly projection of Willow Avenue, then proceeding northerly around Leach Street neck to shoreline, and proceeding northerly along shoreline to boat yard, and proceeding northerly along boat yard to Leavitt Street, and proceeding westerly along Leavitt Street to Salem Street, and proceeding southerly along Salem Street to Chase Street, and proceeding westerly along Chase Street to Lafayette Street, and proceeding northerly along Lafayette Street to Central Street, and proceeding northerly along Central Street to the point of beginning. 2. Also included are any and all islands in Salem Sound forming a part of the corporate territory of the city. Ward 1 Precinct 1 All of that portion of Salem City bounded and described as follows: 1. Beginning at the point of intersection of Essex Street and Central Street, and proceeding generally northeasterly along Essex Street to Webb Street, and proceeding northwesterly along Webb Street to Collins Street, and proceeding northerly along Collins Street to Arbella Street, and proceeding easterly for 680 feet on a compass bearing of 102 degrees to a midpoint in Collins Cove, and proceeding northeasterly for 3,920 feet on a compass bearing of 28 degrees to a mid-harbor point on the Beverly/Salem city line, and proceeding generally easterly along the Beverly/Salem city line to the Essex county line, and proceeding southwesterly along the county line to the Marblehead/Salem town/city line, and proceeding generally northwesterly, westerly, and southwesterly along the Marblehead/Salem town/city line to a point on the Marblehead/Salem town/city line where it intersects with the northeasterly projection of Messervy Street, and proceeding northwesterly through the South River to shoreline, and proceeding westerly along shoreline to the South River, and proceeding westerly along the South River to Congress Street, and proceeding northerly along Congress Street to Derby Street, and proceeding southwesterly along Derby Street to Lafayette Street, and proceeding northerly along Lafayette Street to Central Street, and proceeding northerly along Central Street to the point of beginning. 2. Also included are any and all islands in Salem Sound forming a part of the corporate territory of the city. 177 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL Ward 1 Precinct 2 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Derby Street and Lafayette Street, and proceeding northeasterly along Derby Street to Congress Street, and proceeding southerly along Congress Street to the South River, and proceeding easterly along the South River to shoreline, and proceeding easterly through the South River along shoreline to a point on the shoreline where it intersects with the southerly projection of Union Street, and proceeding southeasterly through the South River to the Marblehead/Salem town/city line, and proceeding southerly along the Marblehead/Salem town/city line to a point on the Marblehead/Salem town/city line where it intersects with the northeasterly projection of Ocean Avenue, and proceeding northwesterly to a point in the cove where it intersects with the northeasterly projection of Willow Avenue, then proceeding northerly around Leach Street neck to shoreline, and proceeding northerly along shoreline to boat yard, and proceeding northerly along boat yard to Leavitt Street, and proceeding westerly along Leavitt Street to Salem Street, and proceeding southerly along Salem Street to Chase Street, and proceeding westerly along Chase Street to Lafayette Street, and proceeding northerly along Lafayette Street to the point of beginning. Ward 2 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Bridge Street and Boston Street, and proceeding generally northeasterly along Bridge Street to Northey Street, and proceeding northwesterly along Northey Street to Smith Street, and proceeding northeasterly along Smith Street to Lemon Street, and proceeding northwesterly along bike path to bike path intersection, and proceeding northwesterly to Boston and Maine Railroad, and proceeding northeasterly along Boston and Maine Railroad to March Street, and proceeding westerly along March Street to shoreline, and proceeding generally northeasterly for 1,720 feet to the beginning of the railroad trestle, and proceeding easterly for 2,660 feet on a compass bearing of 94 degrees to a mid- harbor point along the Salem/Beverly harbor boundary, and proceeding southwesterly for 3,920 feet on a compass bearing of 208 degrees, then proceeding westerly for 680 feet on a compass bearing of 282 degrees to Collins Street, then proceeding southerly along Collins Street to Webb Street, and proceeding southeasterly along Webb Street to Essex Street, and proceeding generally south-southwesterly along Essex Street to Central Street, and proceeding southerly along Central Street to Lafayette Street, and proceeding southerly along Lafayette Street to New Derby Street, and proceeding westerly along New Derby Street to Norman Street, and proceeding westerly along Norman Street to Margin Street, and proceeding southerly along Margin Street to Endicott Street, and proceeding southwesterly along Endicott Street to Winthrop Street, and proceeding northeasterly along Winthrop Street to Broad Street, and proceeding southwesterly along Broad Street to Dalton Parkway, and proceeding southwesterly along 178 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL Dalton Parkway to Essex Street, and proceeding northerly along Essex Street to Boston Street, and proceeding northwesterly along Boston Street to the point of beginning. Ward 2 Precinct 1 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Howard Street and Bridge Street, and proceeding northeasterly along Bridge Street to Northey Street, and proceeding northwesterly along Northey Street to Smith Street, and proceeding northeasterly along Smith Street to Lemon Street, and proceeding northwesterly along bike path to bike path intersection, and proceeding northwesterly to Boston and Maine Railroad, and proceeding northeasterly along Boston and Maine Railroad to March Street, and proceeding northwesterly along March Street to shoreline, and proceeding generally northeasterly along the shoreline to the beginning of the railroad trestle, and proceeding easterly for 2,660 feet on a compass bearing of 94 degrees to a mid- harbor point along the Salem/Beverly harbor boundary, and proceeding southwesterly for 3,920 feet on a compass bearing of 208 degrees, then proceeding westerly for 680 feet on a compass bearing of 282 degrees to Collins Street, then proceeding southerly along Collins Street to Webb Street, and proceeding southeasterly along Webb Street to Essex Street, and proceeding generally south-southwesterly along Essex Street to Washington Square West, and proceeding northerly along Washington Square West to Brown Street, and proceeding westerly along Brown Street to Howard Street, and proceeding northwesterly along Howard Street to the point of beginning. Ward 2 Precinct 2 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Bridge Street and Boston Street, and proceeding generally northeasterly along Bridge Street to Howard Street, and proceeding south-southeasterly along Howard Street to Brown Street, and proceeding east-northeasterly along Brown Street to Washington Square West, and proceeding southerly along Washington Square West to Essex Street, and proceeding southwesterly along Essex Street to Central Street, and proceeding southerly along Central Street to Lafayette Street, and proceeding southerly along Lafayette Street to New Derby Street, and proceeding westerly along New Derby Street to Norman Street, and proceeding westerly along Norman Street to Margin Street, and proceeding southerly along Margin Street to Endicott Street, and proceeding southwesterly along Endicott Street to Winthrop Street, and proceeding northeasterly along Winthrop Street to Broad Street, and proceeding southwesterly along Broad Street to Dalton Parkway and proceeding southwesterly along Dalton Parkway to Essex Street, and proceeding northerly along Essex Street to Boston Street, and proceeding northwesterly along Boston Street to the point of beginning. 179 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL Ward 3 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Highland Avenue and the Lynn/Salem city line, and proceeding generally northeasterly along Highland Avenue to Proctor Street, and proceeding northwesterly along Proctor Street to Pope Street, and proceeding northerly along Pope Street to Boston Street, and proceeding southeasterly along Boston Street to Essex Street, and proceeding southerly along Essex Street to Dalton Parkway, and proceeding northeasterly along Dalton Parkway to Broad Street, and proceeding northeasterly along Broad Street to Winthrop Street, and proceeding southeasterly along Winthrop Street to Endicott Street, and proceeding generally easterly along Endicott Street to Margin Street, and proceeding southerly along Margin Street to New England Power Company’s access road, and proceeding southerly along access road for 1,034 feet, then proceeding southerly for 475 feet on a compass direction of 181 degrees to Boston and Maine Railroad, and proceeding generally southwesterly along Boston and Maine Railroad to the Swampscott/Salem town/city line, and proceeding northwesterly along the Swampscott/Salem town/city line to the Lynn/Salem city line, and proceeding northwesterly along the Lynn/Salem city line to the point of beginning. Ward 3 Precinct 1 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Highland Avenue and Willson Street, and proceeding northeasterly along Highland Avenue to Proctor Street, and proceeding northwesterly along Proctor Street to Pope Street, and proceeding northerly along Pope Street to Boston Street, and proceeding southeasterly along Boston Street to Essex Street, and proceeding southerly along Essex Street to Dalton Parkway, and proceeding northeasterly along Dalton Parkway to Broad Street, and proceeding northeasterly along Broad Street to Winthrop Street, and proceeding southeasterly along Winthrop Street to Endicott Street, and proceeding generally easterly along Endicott Street to Margin Street, and proceeding southerly along Margin Street to New England Power Company’s access road, and proceeding southerly along access road for 1,034 feet, then proceeding southerly for 475 feet on a compass direction of 181 degrees to Boston and Maine Railroad, and proceeding generally southerly along Boston and Maine Railroad to Jefferson Avenue, and proceeding northwesterly along Jefferson Avenue to Willson Street, and proceeding generally westerly along Willson Street to the point of beginning. Ward 3 Precinct 2 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Highland Avenue and the Lynn/Salem city line, and proceeding generally northeasterly along Highland Avenue to Willson Street, 180 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL and proceeding generally southeasterly along Willson Street to Jefferson Avenue, and proceeding southeasterly along Jefferson Avenue to Boston and Maine Railroad, and proceeding southwesterly along Boston and Maine Railroad to the Swampscott/Salem town/city line, and proceeding northwesterly along the Swampscott/Salem town/city line to the Lynn/Salem city line, and proceeding northwesterly along the Lynn/Salem city line to the point of beginning. Ward 4 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of the Peabody/Salem city line and the Lynn/Salem city line, and proceeding northeasterly along the Peabody/Salem city line to Boston and Maine Railroad, and proceeding southeasterly along Boston and Maine Railroad to a point on the Boston and Maine Railroad 46 feet from the Peabody/Salem city line, and proceeding southeasterly for 470 feet to Beaver St, and proceeding southeasterly along Beaver St to Goodhue St, and proceeding southeasterly along Goodhue St to Bridge St, and proceeding southerly along Bridge St to Boston St, and proceeding southeasterly along Boston St to Pope St, and proceeding southerly along Pope St to Proctor St, and proceeding southeasterly along Proctor St to Highland Ave, and proceeding southwesterly along Highland Ave to the Lynn/Salem city line, and proceeding northwesterly along the Lynn/Salem city line to the point of beginning. Ward 4 Precinct 1 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of the Peabody/Salem city line and Home Street, and proceeding northeasterly along the Peabody/Salem city line to Boston and Maine Railroad, and proceeding southeasterly along Boston and Maine Railroad to a point on the Boston and Maine Railroad 46 feet from the Peabody/Salem city line, and proceeding southeasterly for 470 feet to Beaver Street, and proceeding southeasterly along Beaver Street to Goodhue Street, and proceeding southeasterly along Goodhue Street to Bridge Street, and proceeding southerly along Bridge Street to Boston Street, and proceeding southeasterly along Boston Street to Pope Street, and proceeding southerly along Pope Street to Proctor Street, and proceeding southeasterly along Proctor Street to Hillside Avenue, and proceeding generally westerly and southerly along Hillside Avenue to Gallows Hill water tower access road, and proceeding westerly along access road to a point on access road 208 feet from Hillside Avenue, and proceeding northwesterly for 1,630 feet cross-country to Gallows Hill Road, and proceeding southwesterly along Gallows Hill Road to Circle Hill Road, and proceeding generally westerly, southwesterly, and southerly along Circle Hill Road to DiBiase Street, and proceeding southwesterly along DiBiase Street to Sable Road, and proceeding generally northwesterly along Sable Road to end of Sable Road, and proceeding northerly for 172 feet along northerly extension of Sable Road to Sable Road West cul-de-sac, and 181 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL proceeding southwesterly along Sable Road West cul-de-sac to Sable Road West, and proceeding northwesterly along Sable Road West to Home Street, and proceeding northwesterly along Home Street to the point of beginning. Ward 4 Precinct 2 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of the Peabody/Salem city line and the Lynn/Salem city line, and proceeding northeasterly along the Peabody/Salem city line to Home Street, and proceeding southeasterly along Home Street to Sable Road West, and proceeding southeasterly along Sable Road West to Sable Road West cul-de-sac, and proceeding northeasterly along Sable Road West cul-de- sac to northerly extension of Sable Road, and proceeding southerly for 172 feet along northerly extension of Sable Road to end of Sable Road, and proceeding generally southeasterly along Sable Road to DiBiase Street, and proceeding northeasterly along DiBiase Street to Circle Hill Road, and proceeding generally northerly, northeasterly, and easterly along Circle Hill Road to Gallows Hill Road, and proceeding northeasterly along Gallows Hill Road to a point on Gallows Hill Road 119 feet beyond Witch Way, and proceeding southeasterly for 1,630 feet cross-country to a point on Gallows Hill water tower access road 208 feet from Hillside Avenue, and proceeding easterly along access road to Hillside Avenue, and proceeding generally northerly and easterly along Hillside Avenue to Proctor Street, and proceeding southeasterly along Proctor Street to Highland Avenue, and proceeding southwesterly along Highland Avenue to the Lynn/Salem city line, and proceeding northwesterly along the Lynn/Salem city line to the point of beginning. Ward 5 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Boston and Maine Railroad and Jefferson Avenue, and proceeding northeasterly and northerly along Boston and Maine Railroad to a point on the Boston and Maine Railroad where it intersects with the westerly projection of Roslyn Street, and proceeding northerly along Boston and Maine Railroad for 250 feet on a compass direction of 356 degrees, and proceeding northerly for 475 feet on a compass direction of 1 degree to the end of New England Power Company’s access road, and proceeding northerly along access road for 1,034 feet to Margin Street, and proceeding northerly along Margin Street to Norman Street, and proceeding easterly along Norman Street to New Derby Street, and proceeding easterly along New Derby Street to Lafayette Street, and proceeding southerly along Lafayette Street to Chase Street, and proceeding easterly along Chase Street to Salem Street, and proceeding northerly along Salem Street to Leavitt Street, and proceeding easterly along Leavitt Street to boat yard, and proceeding southerly along boat yard to shoreline, and proceeding southerly along shoreline to a point on the shoreline where it intersects with the 182 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL northeasterly projection of Pioneer Terrace, and proceeding southerly around Leach Street neck to a point in the cove where it intersects with the easterly projection of Messervy Street, and proceeding generally southeasterly to the Marblehead/Salem town/city line, and proceeding generally southerly and southwesterly along the Marblehead/Salem town/city line to Lafayette Street, and proceeding generally northwesterly and northerly along Lafayette Street to Loring Avenue, and proceeding generally southwesterly along Loring Avenue to Canal Street, and proceeding generally southwesterly and northwesterly along Jefferson Avenue to the point of beginning. Ward 5 Precinct 1 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Boston and Maine Railroad and Jefferson Avenue, and proceeding northeasterly and northerly along Boston and Maine Railroad to a point on the Boston and Maine Railroad where it intersects with the westerly projection of Roslyn Street, and proceeding easterly along the projection of Roslyn Street to Canal Street, and proceeding generally southerly along Canal Street to Laurel Street, and proceeding easterly along Laurel Street to Lafayette Street, and proceeding northerly along Lafayette Street to Leach Street, and proceeding northeasterly along Leach Street to Glover Street, and proceeding southerly along Glover Street to shoreline, and proceeding southwesterly along shoreline to shoreline at Willow Avenue, and proceeding northeasterly to a point in the cove where it intersects with the easterly projection of Messervy Street, and proceeding generally southeasterly to the Marblehead/Salem town/city line, and proceeding generally southerly and southwesterly along the Marblehead/Salem town/city line to Lafayette Street, and proceeding generally northwesterly and northerly along Lafayette Street to Loring Avenue, and proceeding generally southwesterly along Loring Avenue to Canal Street, and proceeding generally southwesterly and northwesterly along Jefferson Avenue to the point of beginning. Ward 5 Precinct 2 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Boston and Maine Railroad and the westerly projection of Roslyn Street, and proceeding northerly along Boston and Maine Railroad for 250 feet on a compass direction of 356 degrees, and proceeding northerly for 475 feet on a compass direction of 1 degree to the end of New England Power Company’s access road, and proceeding northerly along access road for 1,034 feet to Margin Street, and proceeding northerly along Margin Street to Norman Street, and proceeding easterly along Norman Street to New Derby Street, and proceeding easterly along New Derby Street to Lafayette Street, and proceeding southerly along Lafayette Street to Chase Street, and proceeding easterly along Chase Street to Salem Street, and proceeding northerly along Salem Street to Leavitt Street, and proceeding easterly along Leavitt Street to boat yard, and proceeding southerly along boat yard to shoreline, and proceeding southerly along shoreline to a point on the shoreline where it intersects with the northeasterly projection of Pioneer Terrace, and 183 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL proceeding southerly around Leach Street neck to a point in the cove where it intersects with the easterly projection of Messervy Street, and proceeding southwesterly to shoreline at Willow Avenue, and proceeding northeasterly along shoreline to shoreline at Glover Street, and proceeding northerly along Glover Street to Leach Street, and proceeding southwesterly along Leach Street to Lafayette Street, and proceeding southerly along Lafayette Street to Laurel Street, and proceeding westerly along Laurel Street to Canal Street, and proceeding generally northerly along Canal Street to Roslyn Street, and proceeding westerly along the westerly projection of Roslyn Street to the point of beginning. Ward 6 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of the Peabody/Salem city line and Boston and Maine Railroad, and proceeding generally northeasterly and northerly along the Peabody/Salem city line to the Danvers/Salem town/city line, and proceeding easterly along the Danvers/Salem town/city line to the shoreline of the Danvers River at Peter’s Point, and proceeding generally northwesterly, northeasterly, and southeasterly along the Beverly/Salem city line to centerpoint of Boston and Maine Railroad bridge, and proceeding southerly to the railroad trestle/shoreline, and proceeding generally westerly and southwesterly along shoreline to end of March Street, and proceeding southeasterly along March Street to Boston and Maine Railroad, and proceeding southwesterly along Boston and Maine Railroad to a point on the Boston and Maine Railroad where it intersects with the northwesterly projection of Lemon Street, and proceeding southeasterly for 179 feet to bike path intersection, and proceeding southeasterly along bike path to Smith Street, and proceeding southwesterly along Smith Street to Northey Street, and proceeding southeasterly along Northey Street to Bridge Street, and proceeding generally southwesterly along Bridge Street to Goodhue Street, and proceeding northwesterly along Goodhue Street to Beaver Street, and proceeding northwesterly along Beaver Street to the end of Beaver Street, and proceeding northwesterly for 470 feet to a point on the Boston and Maine Railroad 46 feet from the Peabody/Salem city line, and proceeding northwesterly along Boston and Maine Railroad to the point of beginning. Ward 6 Precinct 1 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of the Peabody/Salem city line and Boston and Maine Railroad, and proceeding generally northeasterly and northerly along the Peabody/Salem city line to the Danvers/Salem town/city line, and proceeding easterly along the Danvers/Salem town/city line to the shoreline of the Danvers River at Peter’s Point, and proceeding generally northwesterly, northeasterly, and southeasterly along the Beverly/Salem city line to a point in the Danvers River 330 feet off the most southwesterly point of land in Beverly, and proceeding southerly and southwesterly to shoreline at the northeasterly projection of Dearborn Lane, and proceeding southwesterly along Dearborn Lane to Dearborn Street, and proceeding 184 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL southwesterly along Dearborn Street to North Street, and proceeding northwesterly along North Street to School Street, and proceeding generally southwesterly and westerly along School Street to Tremont Street, and proceeding southeasterly along Tremont Street to Grove Street, and proceeding generally southwesterly and southeasterly along Grove Street to Goodhue Street, and proceeding southerly along Goodhue Street to Beaver Street, and proceeding northwesterly along Beaver Street to the end of Beaver Street, and proceeding northwesterly for 470 feet to a point on the Boston and Maine Railroad 46 feet from the Peabody/Salem city line, and proceeding northwesterly along Boston and Maine Railroad to the point of beginning. Ward 6 Precinct 2 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Grove Street and Goodhue Street, and proceeding generally northwesterly and northeasterly along Grove Street to Tremont Street, and proceeding northwesterly along Tremont Street to School Street, and proceeding generally easterly and northeasterly along School Street to North Street, and proceeding southeasterly along North Street to Dearborn Street, and proceeding northeasterly along Dearborn Street to Dearborn Lane, and proceeding northeasterly along Dearborn Lane to shoreline at the northeasterly projection of Dearborn Lane, and proceeding northeasterly and northerly to the Beverly/Salem city line, and proceeding easterly along the Beverly/Salem city line to centerpoint of Boston and Maine Railroad bridge, and proceeding southerly to the railroad trestle/shoreline, and proceeding generally westerly and southwesterly along shoreline to end of March Street, and proceeding southeasterly along March Street to Boston and Maine Railroad, and proceeding southwesterly along Boston and Maine Railroad to a point on the Boston and Maine Railroad where it intersects with the northwesterly projection of Lemon Street, and proceeding southeasterly for 179 feet to bike path intersection, and proceeding southeasterly along bike path to Smith Street, and proceeding southwesterly along Smith Street to Northey Street, and proceeding southeasterly along Northey Street to Bridge Street, and proceeding generally southwesterly along Bridge Street to Goodhue Street, and proceeding northwesterly along Goodhue Street to the point of beginning. Ward 7 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Boston and Maine Railroad and the Swampscott/Salem town/city line, and proceeding northeasterly along Boston and Maine Railroad to Jefferson Avenue, and proceeding generally southeasterly and northeasterly along Jefferson Avenue to Loring Avenue, and proceeding generally northeasterly along Loring Avenue to Lafayette Street, and proceeding generally southerly and southeasterly along Lafayette Street to the Marblehead/Salem town/city line, and proceeding 185 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL generally southwesterly along the Marblehead/Salem town/city line to the Swampscott/Salem town/city line, and proceeding generally westerly along the Swampscott/Salem town/city line to the point of beginning. Ward 7 Precinct 1 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Dewey Drive and Pickman Road, and proceeding northeasterly along Dewey Drive to emergency access road between Dewey Drive and Russell Drive, and proceeding northeasterly along emergency access road to Russell Drive, and proceeding generally northerly and northeasterly along Russell Drive to Marion Road, and proceeding generally northerly and easterly along Marion Road to Bradley Road, and proceeding northeasterly along Bradley Road to Sumner Road, and proceeding generally northwesterly along Sumner Road to Preston Road, and proceeding northeasterly along Preston Road to Jefferson Avenue, and proceeding generally easterly and northeasterly along Jefferson Avenue to Loring Avenue, and proceeding generally northeasterly along Loring Avenue to Lafayette Street, and proceeding generally southerly and southeasterly along Lafayette Street to the Marblehead/Salem town/city line, and proceeding generally southwesterly along the Marblehead/Salem town/city line to Leggs Hill Road, and proceeding generally westerly and northwesterly along Leggs Hill Road to Loring Avenue, and proceeding generally northeasterly, northerly, and northwesterly along Loring Avenue to Pickman Road, and proceeding generally westerly along Pickman Road to the point of beginning. Ward 7 Precinct 2 All of that portion of Salem City bounded and described as follows: Beginning at the point of intersection of Boston and Maine Railroad and the Swampscott/Salem town/city line, and proceeding northeasterly along Boston and Maine Railroad to Jefferson Avenue, and proceeding generally southeasterly along Jefferson Avenue to Preston Road, and proceeding southwesterly along Preston Road to Sumner Road, and proceeding generally southeasterly along Sumner Road to Bradley Road, and proceeding southwesterly along Bradley Road to Marion Road, and proceeding generally westerly and southerly along Marion Road to Russell Drive, and proceeding generally southwesterly and southerly along Russell Drive to emergency access road between Dewey Drive and Russell Drive, and proceeding southwesterly along emergency access road to Dewey Drive, and proceeding southwesterly along Dewey Drive to Pickman Road, and proceeding generally easterly along Pickman Road to Loring Avenue, and proceeding generally southeasterly, southerly, and southwesterly along Loring Avenue to Leggs Hill Road, and proceeding southeasterly and easterly along Leggs Hill Road to the Marblehead/Salem town/city line, and proceeding generally southerly and southwesterly along the Marblehead/Salem town/city line to the Swampscott/Salem town/city line, and proceeding generally westerly along the Swampscott/Salem town/city line to the point of beginning. 186 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL #394 – COMMUNICATION FROM PLANNING BOARD ACCEPTING WITHDRAWEL OF PETITION FOR REZONING OF 111 HIGHLAND AVENUE A communication from the Planning Board accepting the withdrawal of a petition to rezone 111 Highland Avenue from Residential One Family (R-1) to Wholesale and Automotive (B-4), was received and placed on file. #395 –#398 BLOCK PARTY The following requests for block parties were granted: Shore Avenue, July 4, 2011 Noon to 10:00 PM Hemenway Road (Osgood Park), July 4, 2011 9:00 AM to 10:00 PM Scenic Avenue, July 16, 2011 Noon to Midnight Puritan Road, August 27, 2011 with rain date of September 3, 2011 1:00 PM #399 – REQUEST TO USE CITY STREETS FOR CYCLE FOR LIFE A request from the Floating Hospital for Children Tufts Medical Center to use city streets to hold a Cycle for Life on September 17, 2011 starting from Marblehead and traveling through Salem and ending in Manchester by the Sea starting at 9:00 AM was granted. #400 – BUSINESS NAME CHANGE A communication from Victor Cora, manager of Segway Salem imforming Council of new business name change to Salem SegGliders, was received and placed on file. #401 – #403 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. 187 CITY OF SALEM JUNE 9, 2011 REGULAR MEETING OF THE CITY COUNCIL PUBLIC GUIDE Joanne Marie Wolf Tail “Rhiannon”, 370 Main St. Gloucester Colleen O’Toole, 7 Union St., Salem TAG DAYS S.H.S. Girls Soccer, September 25, 2011 and October 16, 2011 th Disabled American Veterans, November 4, 5 & 6, 2011 #404 - #405 CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Derek Surles, 27 Planters St., Salem Sharon Gardner, 38 Orne St., Salem #406 - BONDS The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. SIGN Strega 94 Lafayette St., Salem Salem Beer Works, 278 Derby St., Salem The Urbane Cyclist, 144 Washington St., Salem On the motion of Councillor O’Keefe the meeting adjourned at 9:40 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK