MINUTES - Regular - 5/10/2012
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CITY OF SALEM
MAY 10, 2012
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, May 10,
2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was
posted on May 4, 2012 at 10:49 A.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were recorded as present.
Council President Lovely presided.
Councillor Turiel moved to dispense with the reading of the record of the previous meeting. It
was so voted.
President Lovely requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
1. Andrea Rupert – 3 Eaton Pl. Salem, MA – Resolution Restoring Democracy
2. Teasie Riley Goggin – 9 Wisteria St., Salem, MA – Zoning Amendment
3. Gavin McAuliffe- 11 Prescott St. , Salem, MA – Resolution Restoring Democracy
(#275) – EXTENDED HOUR OF OPERATION, McDONALD’S DRIVE THROUGH 150 CANAL
STREET
A hearing was held on the petition of Charles Lietz, owner/operator of McDonald’s at
150 Canal Street, to operate with extended hours the drive through from 11:00 P.M. to 2:00 A.M.
seven days a week. Appearing in favor was Mr. Leitz. There was no one opposed. The hearing
was closed. Councillor Turiel moved that there be granted on a 6 month trial basis and to be
reviewed in six months.
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(#201) – APPOINTMENTS TO THE BIKE PATH COMMITTEE
Held from the last meeting Mayor’s appointment of the following to serve on the Bike Path
Committee with their terms to expire on April 1, 2015.
David Bowie, 15 Beach St., Salem
Dan Cooper, 7 Phelps St., Salem
Councillor McCarthy received unanimous consent to divide the question and take up the
appointment of Dan Cooper and refer the appointment of David Bowie to the Committee on
Ordinances, Licenses and Legal Affairs.
The appointment of Dan Cooper was confirmed by unanimous roll call vote of 11 yeas, 0
nays, 0 absent.
Councillor Siegel requested suspension of the rules to allow Mr. Cooper to speak. There were no
objections.
(#245) – APPOINTMENT TO THE COMMISSION ON DISABILITIES
Held from last meeting Mayor’s appt. Jennifer Barz-Snell to serve on the Commission on
Disabilities with a term to expire on February 1, 2013. Held until the next meeting of May 24, 2012.
#283 – TRANSFER FROM CAPITAL OUTLAY – RENOVATIONS & REPAIRS TO REPLACE
BOILER AT FIRE STATION 5
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Fifteen Thousand Three Hundred and Ninety-Eight Dollars
($15,398.00) is hereby appropriated within the “Capital Outlay Equipment” account to be expended
for the replacement of the boiler at Fire Station 5 in accordance with the recommendation of Her
Honor the Mayor.
#284 – ACCEPT DONATION FROM GE GOOD NEIGHBOR FUND
The following Order recommended by the Mayor, was adopted.
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ORDERED: To accept the donation from GE Employees Good Neighbor Fund in the
amount of Five Thousand Dollars ($5,000.00) to help support the DARE Summer Camp program.
These funds will be deposited into the Police Department Summer Camp Donation Fund in
accordance with the recommendation of Her Honor the Mayor.
#285 – ACCEPT DONATION FROM PEABODY POLICE DEPARTMENT
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from the City of Peabody in the amount of Three
Thousand Five Hundred Dollars ($3,500.00) to help support the DARE Summer Camp program.
These funds will be deposited into the Police Department Summer Camp Donation Fund in
accordance with the recommendation of Her Honor the Mayor.
#286 – ESTABLISH REVOLVING ACCOUNTS PER MGL CHAPTER 44, SECTION 53E ½
The following Order recommended by the Mayor, was adopted.
ORDERED: That the Salem City Council vote, pursuant to the provisions of MGL
Chapter 44, Section 53E ½ to authorize the establishment of the revolving funds for FY2013 as
herein described. Expenditures from said funds shall not exceed the amount of funds received in
the respective accounts or as authorized as stated, shall come from any funds received by the
respective boards for performing services, shall be used solely for the purpose of implementing the
programs delineated and shall be approved by a majority vote of any respective boards in
accordance with the recommendation of Her Honor the Mayor.
(The list of accounts can be viewed in the City Clerks office during normal business hours.)
#287 – BOND ORDER TO PAY COSTS OF CAPITAL EQUIPMENT ITEMS
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 Committee of the Whole.
ORDERED: That the sum of One Million Seven Hundred Ninety Thousand Dollars
($1,790,000.00) be and hereby is appropriated to pay costs of the following Capital Equipment
items and Capital Improvement projects:
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Police Department – equipment (radio replacement) $ 200,000
Fire Department – equipment (new ladder truck) 1,100,000
Electric Department – equipment (new bucket truck) 100,000
Parks & Recreation – infrastructure (common fence) 140,000
School Department – building repairs (flooring Bentley) 150,000
School Department – equipment/infrastructure (Bentley) 100,000
And for the payment of all costs incidental and related thereto, and that to meet said
appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under
M.G.L. Chapter 44, Sections 7(3A) and 7(9), or pursuant to any other enabling authority, and to
issue bonds or notes of the City therefore.
FURTHER ORDERED: that the Mayor and the Treasurer are each authorized to file an
application to qualify under Chapter 44A of the Massachusetts General Laws any and all bonds of
the City issued under and pursuant hereto, and to provide such information and execute such
documents as may be required in connection therewith.
#287A – PROPOSED CAPITAL OUTLAY PLAN 2012 – 2016
The Capital Outlay Plan for 2012 – 2016 recommended by the Mayor, was referred to the
Committee on Administration and Finance co-posted with Committee of the Whole.
(The Plan can be viewed in the City Clerks office during normal business hours)
#288 – MONTHLY FINANCIAL REPORT
Councillor McCathy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated March 31, 2012, be referred to the
Committee on Administration and Finance. (Report can be viewed in the City Clerks office during
normal working hours)
#289 – YEAR TO DATE BUDGET REPORT
Councillor McCathy introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated April 30, 2012, be referred to the
Committee on Administration and Finance. (Report can be viewed in the City Clerks office during
normal working hours)
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#290 – MEET WITH CITY COUNCIL BUDGET ANANLYST
Councillor McCathy 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 Michael Daley of Financial Advisory Associates, Inc. to discuss
the renewing of a contract to provide Budget Analyst Services for the Salem City Council.
#291 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING REPEAL BOSTON STREET
Councillor Ryan introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
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. Repeal Boston Street easterly side across from #83, for a distance of twenty feet,
“Handicap Parking, Limited Time, Tow Zone” (4/10/2008)
Section 2. This ordinance shall take effect as provided by City Charter.
#292 WAS NOT USED IN ERROR
#293 – MEET TO DISCUSS DOUBLE POLES
Councillor Turiel 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 with a representative from Verizon to discuss the issue of double
poles in the City including the installation of one at 22 Eden Street and to obtain a timeframe for
the completion and removal of the old pole.
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#294 – (#5) PARKING BOARD RECOMMENDATIONS “PARKING LOT”
Councillor Sosnowski 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 recommendations made by the Parking Board relative to the “Parking Lot”, has considered said
matter and would recommend that the matter remain in Committee.
#295 – (#217) AMENDING COMPREHENSIVE PARKING PLAN
Councillor Sosnowski offered the following report for the Committee on Ordinances,
Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the
report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of
the Whole, to whom was referred the matter of the Comprehensive Parking Plan, has considered
said matter and would recommend that the appropriate Ordinance amendment be done for the
removal of all posts and meters from in front of the U.S. Post Office, Steve’s Market and all of
Gedney Street.
#296 – (#296A) NOISE ORDINANCE RELATIVE TO LOUD PARTIES
Councillor Sosnowski offered the following report for the Committee on Ordinances,
Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the
report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of
the Whole, to whom was referred the matter of the Noise Ordinance relative to loud parties, has
considered said matter and would recommend that the attached amended Ordinance for penalties
to the Noise Ordinance for loud parties be adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance pertaining to noise
Be it ordained by the City Council of the City of Salem, as follows:
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Section 1. Article II. Radios, Boom Boxes, Tape Cassettes, Disc Players, etc. of Chapter 22 Noise
is hereby amended by deleting sub-paragraph (c) of Section 22-34 Loud Parties/music on
residential premises and replacing it with the following:
(c) the following penalties shall apply for violation of this section:
(1) First offense, a warning citation or a fine of $100.00
(2) Second offense, a mandatory fine of up to $200.00
(3) Third offense and thereafter, a mandatory fine of $300.00
Section 2. This Ordinance shall take effect as provided by City Charter.
#297 – (#297A) ORDINANCE FOR A KEEPER OF DISORDERLY HOUSE
Councillor Sosnowski offered the following report for the Committee on Ordinances,
Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the
report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of
the Whole, to whom was referred the matter of an Ordinance for Keeper of Disorderly House, has
considered said matter and would recommend that the attached Ordinance be adopted for first
passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance pertaining to amending Noise Control Disorderly House
Designation; Penalties of Violation
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 22 Noise Control is hereby amended by adding the following new section:
“Section 22-36. Disorderly House Designation; Penalties for Violation.
(a) No property owner or tenant shall maintain a disorderly house as defined in sub-section (b)
below.
(b) A “disorderly house” is any building, or part thereof, which the police department has
identified as a disorderly house after having responded to multiple calls for service to the
property in response to situations which are created by the owner, tenants, or owner’s or
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tenants co-habitants, guests or invitees and which would have a tendency to unreasonably
disturb the community and affect the quality of life of the neighborhood or an ordinary
individual in the vicinity of said building, including, but not limited to: loud music; boisterous
parties; sounds emanating from within the structure which are audible outside the building;
loud noise or fights within the building or in its vicinity involving tenants of the building or
their invitees (excluding incidents involving domestic violence); tenants or invitees of tenants
being intoxicated on public ways in the vicinity of the building; other similar activities in the
building or outside the building itself.
(c) Prior to classifying a building, or part thereof, as a disorderly house, the police department
shall notify by personal service or mail the property owner and the involved tenant(s), if any,
of the ongoing issues at the property and that the property has been recommended for a
classification as a “disorderly house.” The property owner and the involved tenants, if any,
shall be given the opportunity to address the issues that gave rise to the complaints
affecting the quality of life of the neighborhood. If the matter remains unresolved and
additional calls for police service are directed to the subject building, the building, or part
thereof, shall be classified as a “disorderly house” and the property owner and any tenants
involved shall be notified by the police department of the designation by personal service or
mail and may be subject to a penalty, as set forth below, for violating this section:
First offense after notice -$200.00
Second offense -$250.00
Third offense -$300.00
(d) Nothing in this section shall prevent the police department from, at any time after
designating a property as a disorderly house, filing an application for criminal complaint
against a party for keeping a noisy or disorderly house pursuant to Massachusetts General
Law c.272, S.53 (b), however, the police department shall pursue such an application for
criminal complaint following a third offense of this section.”
Section 2. This ordinance shall take effect as provided by City Charter.
#298 – (#247) APPROPRIATION TO ENGINEERING – WATER SYSTEM IMPROVEMENT
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 $50,000.00 to Engineering Water System Improvement, has considered said
matter and would recommend approval.
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#299 – (#248) APPROPRIATION TO ENGINEERING – SEWER SYSTEM IMPROVEMENT
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 $50,000.00 to Engineering Sewer System Improvement, has considered said
matter and would recommend approval.
#300 – (#249) APPROPRIATION TO WATER CONSERVATION GRANT PROGRAM
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 $9,860.00 to Water Conservation Grant Program Mass. DEP, Special Revenue
Account, has considered said matter and would recommend approval.
#301 – (#252) RESOLUTION FOR INDUSTRIAL REVENUE BOND JACQUELINE’S
WHOLESALE BAKERY
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 a
Resolution for an Industrial Revenue Bond for Jacqueline’s Wholesale Bakery, has considered said
matter and would recommend approval.
#302 – (#109, 230, 232) B&S FITNESS ROAD RACES
Councillor Prevey offered the following report for the Committee on Public Health Safety and
Environment co-posted with Committee of the Whole. It was voted to accept the report and adopt
the recommendation.
The Committee on Public Health, Safety and Environment co-posted with Committee of the
Whole to whom was referred the matter of B&S Fitness Road Races, has considered said matter
and would recommend approval.
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#303 – (#120) UPDATE ON 111 NORTH STREET GAS STATION
Councillor Prevey offered the following report for the Committee on Public Health Safety and
Environment co-posted with Committee of the Whole. It was voted to accept the report and adopt
the recommendation.
The Committee on Public Health, Safety and Environment co-posted with Committee of the
Whole to whom was referred the matter of an update on 111 North Street Gas Station, has
considered said matter and would recommend that the matter remain in Committee.
Councillor O’Keefe recused himself and left the Council Chambers.
#304 – (#228) PAUL LIMA AND CONCERNS REGARDING LORING TOWERS
Councillor Prevey offered the following report for the Committee on Public Health Safety and
Environment co-posted with Committee of the Whole. It was voted to accept the report and adopt
the recommendation.
The Committee on Public Health, Safety and Environment co-posted with Committee of the
Whole to whom was referred the matter of petition by Paul Lima over neglect concerns at Loring
Towers, has considered said matter and would recommend that Mr. Lima contact the state and
pursue whatever avenues are available to him through the state oversight and that the matter be
discharged from Committee.
Councillor O’Keefe returned to the Council Chambers.
#305 – (#187) AMEND COUNCIL RULES TO ALLOW THE MAYOR TO SPEAK
Councillor Lovely 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 Amending Council Rules to
allow the Mayor to speak has considered said matter and would recommend that the City Solicitor
be asked whether sections 18, 19 & 20 of the Charter can be reviewed for it’s legal content or
intent or does that review require a Charter Commission review?
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#306 – (#233) RESOLUTION “RESTORING DEMOCRACY TO THE PEOPLE”
Councillor Lovely 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 Resolution submitted by
Gavin McAuliffe for Restoring Democracy to the People, has considered said matter and would
recommend the matter be referred to the full Council for Adoption.
#307 – (#176) PLANNING BOARD RECOMMENDATION RELATIVE TO PROPOSED ZONING
AMENDMENT TO SECTION 8.1 FOR DESIGNATION OF SPECIAL FLOOD HAZARD AREAS IN
THE CITY OF SALEM
A report to the City Council relative to the Planning Board recommendation for the Zoning
Ordinance to comply with the requirements of F.E.M.A. for designation of special flood hazard
areas within the City of Salem, was accepted and the recommendation and adoption of the
Ordinance for first passage.
#308 – REQUEST REGARDING THE LEASE OF CITY PROPERTY ON RICHARDS ROAD
A request from Arthur King of 7 Wall Street to meet with the City Council regarding the lease
of City property on Richards Road to 5 Wall Street, was referred to the Committee on Community
and Economic Development.
#309 – REQUEST FOR BICKE RACE FROM WITCHES CUP RACE
A request from Witches Cup Race for use of city streets around the Salem Common to hold
a bike race on August 8, 2012 and to have and sell beer on Common, was granted.
#310 – #313 TAG DAYS
The following tag day applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
TAG DAYS S.H.S. Cheerleading, June 17, 2012, July 15, 2012 & August 12, 2012
Salem Post 23 American Legion, June 23 & 24, 2012
S.H.S. Football, August 19, 2012, October 14, 2012 & October 28, 2012
Knights of Columbus, October 7 & 8, 2012
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#314 - #316 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Colleen M. O’Toole, 7 Union St. #1, Salem
Jeffrey Horton, 27 Bar Link Way #81, Swampscott
Mary Buntin, 80 Maple St., Wenham
Henry Clarke, 361 Essex St., Salem
Timothy Shea, 199B Derby St., Salem
Steven Burstein, 76 Allen St., Arlington
Michael McIntyre, 77 Summer St., Salem
TAXI OPERATORS Vincent Ercolano, Sr., 45 Federal St., Salem
Juan Lopez, 24 Tracy St., Peabody
Camilo Divanne, 113 Loring Ave., Salem
VEHICLE FOR HIRE Douglas Pilkington, 167 Haverhill St., Rowley
OPERATORS ONLY Edward Murphy, 4 Paradise Rd., Ipswich
Howard Land, 69 Plymouth St., Swampscott
Ronald Olson, 154 Lafayette St., Marblehead
Anthony Meneades, 40 Allerton St., Lynn
Jeffrey Howard, 14 Proctor St., Gloucester
Will Pasquina, 211 River Rd., West Newbury
#317 – #318 LICENSE APPLICATIONS
The following license applications was denied.
PUBLIC GUIDE Peter White, 28 High St., Salem
VEHICLE FOR HIRE Richard Cole, Jr., 12 Normandy St., Dorchester
OPERATORS ONLY
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#319 – HEARING REQUEST
The hearing request from Richard Cole Jr. on the denial of his vehicle for hire operator’s
license (trolley), was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold
an Executive Session.
#320 - #321 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
Matthew Sposato, 9 Hathorne St., Salem
Ellen Barnett, 23 May St., Salem
(#259) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING
WINTHROP STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Section 50B, “Handicap Parking Limited Time” Winthrop Street, was then taken up. The Ordinance
was adopted for second and final passage.
(#258) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING
CONANT STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42,
Section 50B, “Handicap Parking Limited Time” Conant Street, was then taken up. The Ordinance
was adopted for second and final passage.
On the motion of Councillor Sargent the meeting adjourned at 8:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK