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MINUTES - Regular - 9/27/2012 557 CITY OF SALEM SEPTEMBER 27, 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, September 27, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 20, 2012 at 3:01 P.M. This meeting is being taped and is live on S.A.T.V. Councillor Prevey was recorded as absent. Council President Lovely presided. Councillor Furey 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. Daniel Turgel – 375 Essex Street , Swampscott, MA – Chabad – Eruv 2. Robert White – 16 Daniels Street – Bench at Pig’s Eye 3. Jennifer Reardon – 35 Chestnut Street – Owner of Pig’s Eye The Mayor swore in Firefighters Councillor McCarthy moved for a 5 minute recess to clear the chambers. There was no objection. #514 – (#494) CONDUIT ON CHESTNUT STREET Held from the last meeting a hearing was held on the petition from National Grid to install a conduit on Chestnut Street. Appearing in favor was Sabita Mahabier-Sheehy representative from National Grid. She stated that this is needed to provide services. Also in favor was Pamela Jendrazyk of 3 Hamilton Street, representative of Hamilton Hall, stating they are the ones in need of service. There was no one recorded as opposed. The hearing was closed and the petition was granted. 558 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL #568 – (#541) CONDUITS ON CHARTER STREET A hearing was held on the petition of National Grid to install conduits on Charter Street. Appearing in favor was Sabita Mahabier-Sheehy representative from National Grid. She stated this is necessary for services to the Peabody Essex Museum PEM. There was no one recorded as opposed. The hearing was closed and the petition was granted. #514A – APPOINTMENT OF BARBARA SWARTZ TO THE BEAUTIFICATION COMMITTEE The Mayor’s appointment of Barbara Swartz to serve as a member of the Beautification Committee was confirmed by a roll call vote of 10 yeas, 0 nays, 12 absent. Councillor Sosnowski moved for suspension of the rules to allow Ms. Swartz to speak. There was no objection. #514B – APPOINTMENT OF GREGORY ST. LOUIS TO THE CONSERVATION COMMISSION The Mayor’s appointment of Gregory St. Louis to serve as a member of the Conservation Commission with at term to expire September 1, 2015, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillor O’Keefe moved for suspension of the rules to allow Mr. St. Louis to speak. There was no objection. #569 – APPOINTMENT OF WHITNEY HASKELL AS THE PURCHASING AGENT Councillor McCarthy recused himself and left the chamber. The Mayor’s appointment of Whitney Haskell to serve as the City of Salem’s Purchasing Agent with a term to expire on February 1, 2014, was confirmed under suspension of the rules by a roll call vote of 8 yeas, 1 nay, 2 absent. Councillor O’Keefe moved for suspension of the rules to allow Ms. Haskell to speak. There was no objection. Councillor McCarthy returned to the Chamber. #570 – APPROPRIATION TO REPAIR WATER DAMAGE OF MUSEUM PLACE GARAGE The following Order recommended by the Mayor, was adopted under suspension of the rules. 559 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Five Thousand Nine Hundred Dollars ($5,900.00) is hereby appropriated within the “Capital Outlay Renovations and Repair” account to be expended for the repair of water damage at the Museum Place Garage for the Parking Department in accordance with the recommendation of Her Honor the Mayor. #571 – APPROPRIATION FOR REPAIR OF MUSEUM PLACE ELEVATORS The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Two Thousand Seven Hundred and Thirty Dollars ($2,730.00) is hereby appropriated within the “Capital Outlay Renovation & Repairs” account to be expended for the repair of Museum Place Garage elevators for the Parking Department in accordance with the recommendation of Her Honor the Mayor. #572 – MONTHLY FINANCIAL REPORT Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated August 31, 2012, be referred to the Committee on Administration and Finance #573 – ORDINANCE TRAFFIC, OBEDIENCE TO ISOLATED STOP SIGNS, MONROE ROAD Councillor O’Keefe 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 49, “Obedience to Isolated Stop Sign” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Monroe Road at the intersection with Loring Avenue, “Obedience to Isolated Stop Sign” Section 2. This Ordinance shall take effect as provided by City Charter. 560 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL #574 – ORDINANCE TRAFFIC, RESIDENT STICKER PARKING, MONROE ROAD Councillor O’Keefe 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 75, “Parking Prohibited Towing Zone, Resident Sticker” Be it ordained by City Council of the City of Salem, as follows: Section 1. Monroe Road easterly side starting at a point across from #30 Monroe Road continuing to a point one hundred eleven (111) feet from Loring Avenue, “Resident Sticker Parking, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. #575 – ORDINANCE TRAFFIC, ZONES ESTABLISHED, TOUR BUS PARKING, REPEAL DERBY STREET Councillor McCarthy introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. In the year two thousand and twelve An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 11, “Zones Established, Tour Bus Parking” Be it ordained by City Council of the City of Salem, as follows: Section 1. REPEAL Derby Street northerly side, beginning twenty (20) feet from the intersection of Liberty Street and extending for a distance of fifty (50) feet, in a westerly direction. Tour Bus Parking, Tow Zone (3/28/94) Section 2. This Ordinance shall take effect as provided by City Charter. #576 – TRIAL PERIOD, NO PARKING TOW ZONE, INTERSECTION OF LIBERTY STREET Councillor McCarthy introduced the following Order, which was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. 561 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL ORDERED: Derby Street, northerly side starting at the intersection of Liberty Street and extending fifty (50) feet in a westerly direction, “No Parking, Tow Zone” trial period of up to sixty (60) days. #577 – TRAFFIC ORDINANCE RELATIVE TO PARKING Councillor Sosnowski introduced the following Order, which adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss recent changes to the Traffic Ordinances relative to parking. And that the following be invited, Lynn Duncan City Planner, Tom Daniels, Richard Visca Finance Director, James Hacker Parking Director. #578 – GRANTING LICENSES 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 the granting certain licenses, has considered said matter and would recommend that the following license be granted. PUBLIC GUIDES Logadia Hennigar, 58 Washington St., Peabody Kendall Straley, 1 Courageous Court, Salem Laura Plona, 10 Church St., Woburn Victoria Hill, 8 Powdermill Rd., Haverhill Nicholas Falasca, 89 Greenbrook Rd. S. Hamilton Ellen O’Shea, 20 Cardinal Dr., Dudley SEAWORMS Timothy Lynch, 28 Anawan Ave., Saugus Paul Lynch, 28 Anawan Ave.,Saugus SECOND HAND VALUABLE R.A. DiFillipo Antiques, 55 Lafayette St., Salem TAG DAYS Salem Youth Basketball, November 17 & 18, 2012 S.H.S. Marching Band, December 1, 2012 562 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL #579 - GRANTING A VARIANCE OF HOURS FOR PARANORMAL SALEM 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 granting a variance for hours for a tour business called Paranormal Salem has considered said matter and would recommend that the extended hours to 11:30 P.M. each night for a trial period st beginning now until the 1 of May be granted. #580 – BENCH ON DANIELS STREET Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a bench on Daniels Street has considered said matter and would recommend that the matter be reported out to the full Council with no recommendation. The motion to allow the bench to remain but move people along and that the noise ordinance be observed was adopted. Councillor O’Keefe was recorded as opposed. #581 – REPEALING MONTHLY ZONES ON CERTAIN STREETS 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 repealing the monthly zones on Congress St., Gedney St., Norman St., Dodge St. and Holyoke Square has considered said matter and would recommend that the Ordinance Amending Traffic Chapter 42 Sec. 57C, for repealing the Congress St. monthly pass be passed for second and final passage and that the other four streets remain in Committee. #582 - #582A TRAFFIC ORDINANCE REDUCING 4 HR METERED SPACES ON LAFAYETTE STREET 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. 563 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of repealing a Traffic Ordinance Ch. 42 Sec. 56, metered spaces, Lafayette Street between New Derby St. & Harbor St. (westerly side) from 4 hours to 1 hour, has considered said matter and would recommend that the Ordinance Amending Traffic Chapter 42 Sec. 56 for Lafayette St. (from New Derby to Harbor St.) on the westerly side be reduced from 4 hours to 2 hours be passed for first passage. Councillor Furey and Carr were recorded as opposed. #582A In the year two thousand and twelve An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 56, “Parking Meter Zones Established” Be it ordained by City Council of the City of Salem, as follows: Section 1. Lafayette Street westerly side from New Derby and Harbor Street (not including Handicap Zones or restricted areas) “Metered Zones Established” delete four (4) hour limit and insert in place thereof with two (2) hour limit. Section 2. This Ordinance shall take effect as provided by City Charter. #583 – (#516) APPROPRIATION TO PARK & RECREATION – GOLF COURSE RENOVATIONS & REPAIRS 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 $35,000 appropriation to “Park & Recreation – Golf Course Renovations and Repairs” account has considered said matter and would recommend approval. #584 – (#517) APPROPRIATION TO COMETERY EQUIPMENT Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. 564 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL The Committee on Administration and Finance to whom was referred the $11,304.60 appropriation to “Cemetery Equipment” account has considered said matter and would recommend approval. #585 – BLOCK PARTY A request from residents of Barton Place to hold a block party on Saturday, October 20, 2012 from 4:00 P.M. to 10:00 P.M. was approved. #586 – PETITION TO CONSTRUCT AND ERUV A petition from Chabad-Lubavitch of the North Shore to construct an Eruv was referred to the Committee on Ordinances, Licenses and Legal Affairs. And to invite the Solicitor, National Grid, Verizon and the City Electrician. #587 – ROAD RACE FOR YMCA A request from Salem YMCA to hold a road race on October 21, 2012 and use of city streets was approved. #588 – ROAD RACE FOR WICKED RUNNING CLUG A request from Wicked Running Club to hold a road race on January 1, 2013 and use of city streets was approved. #589 - #590 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. SECOND HAND CLOTHING Tiffenwicket, 100 Wharf St., Salem SECOND HAND VALUABLE Tiffenwicket, 100 Wharf St., Salem Licenses and Legal Affairs 565 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL #591 - #593 LICENSE APPLICATIONS The following license applications were granted. LIMOUSINE Landjet, Inc., 13 Franklin St., Salem (2) TAXI OPERATORS Ramon Gomez, 25 Perkins St., Salem Willie Chandler, 10 Heritage Dr. #28, Salem Santiago Ducus, 16 Dow St., Salem Hipolito Pimentel, 11 Ward St. #2, Salem VEHICLE FOR HIRE OPERATOR ONLY Samuel Nevin, 415 East Foster St., Melrose #594 – TAXI OPERATOR The following license applications was denied. TAXI OPERATOR Robert Perez, 10 Shillaber St., Salem #595 – HEARING REQUEST A hearing request from Robert Perez on the denial of his taxi operator license was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session. #596 – HEARING REQUEST A hearing request from Rico Sutton on the denial of his pedicab license was referred to Committee on Ordinances, Licenses & Legal Affairs to hold an Executive Session. #597 - #599 CLAIMS The following Claims was referred to the Committee on Ordinances, Licenses and Legal Affairs Charles Abbene, 2 Roslyn St., Salem Yioryios Kopanas, 172 Montrose Ave., Wakefield Nancy Massero, 205 Bridge St., #202, Salem 566 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL (#523) SECOND PASSAGE TRAFFIC ORDINANCE HANDICAP PARKING, BUTLER STREET The matter of second and final passage of an Ordinance amending Traffic Handicap Parking Butler Street was then taken up. The Ordinance was adopted for second and final passage. (#524) SECOND PASSAGE TRAFFIC ORDINANCE HEAVY COMMERCIAL VEHICLES PROHIBITED SCHOOL STREET The matter of second and final passage of an Ordinance amending Traffic, Heavy Commercial Vehicles Prohibited, School Street, was then taken up. The Ordinance was adopted for second and final passage. (#525) SECOND PASSAGE TRAFFIC ORDINANCE HANDICAP PARKING, BALCOMB STREET The matter of second and final passage of an Ordinance amending Traffic Handicap Parking Balcomb Street was then taken up. The Ordinance was adopted for second and final passage. (#526) SECOND PASSAGE TRAFFIC ORDINANCE HANDICAP PARKING, MT. VERNON STREET The matter of second and final passage of an Ordinance amending Traffic Handicap Parking Mt. Vernon Street was then taken up. The Ordinance was adopted for second and final passage. (#532) SECOND PASSAGE TRAFFIC ORDINANCE RESIDENT STICKER PARKING, BOTTS COURT The matter of second and final passage of an Ordinance amending Traffic Resident Sticker Parking, Botts Court was then taken up. The Ordinance was adopted for second and final passage. 567 CITY OF SALEM SEPTEMBER 27, 2012 REGULAR MEETING OF THE CITY COUNCIL (#533) SECOND PASSAGE TRAFFIC ORDINANCE REPEAL CHESTNUT STREET The matter of second and final passage of an Ordinance amending by Repealing Section 51B Parking Prohibited at Certain Times on Certain Streets and Section 75 Parking Prohibitions Towing Zone, Resident Sticker Parking Chestnut Street was then taken up. The Ordinance was adopted for second and final passage. Councillor O’Keefe recorded as opposed. On the motion of Councillor O’Keefe the meeting adjourned at 9:05 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK