MINUTES - Regular - 1/10/2013
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CITY OF SALEM
JANUARY 10, 2013
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,
January 10, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on January 4, 2013 at 10:01 A.M. This meeting is being taped and
is live on S.A.T.V.
All Councillors were present.
Council President Ryan presided.
Councillor Furey 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. Teasie Riley Goggin – 9 Wisteria Street, Salem – Lease agreement for 120 Washington St.
(City Hall Annex)
#4 (#713 of 2012) POLE LOCATION ON ATLANTIC STREET
A hearing was held on the Order of National Grid for a pole location on Atlantic Street.
Appearing in favor was Salem State University project manager who stated it was needed to
provide upgraded services for the University. Also in favor and appearing late was Sabitah
Mahbier-Sheehy representative of National Grid. There was no one recorded as opposed. The
hearing was closed. Councillor Turiel moved that the permit be granted. It was so voted.
#5 (#714 of 2012) CONDUIT ON ATLANTIC AND LUSSIER STREET
A hearing was held on the Order of National Grid for a conduit on Atlantic and Lussier
Street. Appearing in favor was Sabitah Mahbier-Sheehy representative of National Grid. There was
no one recorded as opposed. The hearing was closed. Councillor Turiel moved that the permit be
granted. It was so voted.
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#6 – APPOINTMENT OF LISA LYONS TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Lisa Lyons to serve on the Beautification Committee with a
term to expire on January 10, 2016, was held under the rules until the next meeting on January 24,
2013.
#7 – APPOINTMENT OF CHAD GARNER TO THE HISTORICAL COMMISSION
The Mayor’s appointment of Chad Garner to serve on the Historical Commission with a term
to expire on January 10, 2015, was held under the rules until the next meeting on January 24,
2013.
#8 – APPOINTMENT OF BEN ANDERSON TO THE PLANNING BOARD
The Mayor’s appointment of Ben Anderson to serve on the Planning Board with a term to
expire on July 1, 2014, was referred to the Committee on Government Services co-posted with
Committee of the Whole.
#9 - #10 CONSTABLES
Mayor’s appointment and reappointment of the following to serve as Constables, was
received and placed of file.
Christopher Burke, 86 Essex St., Salem Term to Expire November 28, 2013
Nathaniel Greene, 75 Brow Avenue, Braintree Term to Expire January 5, 2016
#11 – APPOINTMENT OF KIRT RIEDER TO THE PLANNING BOARD
Received after the deadline of Tuesday noon under suspension of the rules.
The Mayor’s appointment of Kirt Rieder to serve as a member of the Salem Planning Board
for a term to expire July 1, 2016, was referred to the Committee on Government Services co-
posted with Committee of the Whole.
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JANUARY 10, 2013
REGULAR MEETING OF THE CITY COUNCIL
#12 – APPOINTMENT OF TOM WATKINS TO THE ZONING BOARD OF APPEALS
Received after the deadline of Tuesday noon under suspension of the rules.
The Mayor’s appointment of Tom Watkins to serve as a member of the Zoning Board of
Appeals for a term to expire May 1, 2015, was referred to the Committee on Government Services
co-posted with Committee of the Whole.
#13 – APPOINTMENT OF DAVID EPPLEY AS AN ALTERNATE MEMBER TO THE ZONING
BOARD OF APPEALS
Received after the deadline of Tuesday noon under suspension of the rules.
The Mayor’s appointment of David Eppley to serve as an alternate member of the Zoning
Board of Appeals for a term to expire June 1, 2015, was referred to the Committee on Government
Services co-posted with Committee of the Whole.
#14 – RESOLUTION TO ACCEPT GRANTS FOR PARC PROGRAM IMPROVEMENTS TO
BERTRAM FIELD
The following Resolution recommended by the Mayor, was referred to the Committee on
Administration and Finance co-posted with Committee of the Whole.
RESOLUTION:
A RESOLUTION TO FILE AND ACCEPT GRANTS WITH AND FROM THE
COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE OFFICE OF ENERGY AND
ENVIRONMENTAL AFFAIRS FOR THE PARC PROGRAM FOR IMPROVEMENTS TO
BERTRAM FIELD
Whereas: Bertram Field is by and far a community wide asset and the preservation and
improvements to this facility are a City priority as evidenced in the most recent Open Space and
Recreation Plan; and
Whereas: The Bertram Field redevelopment will greatly enhance this facility with installation
of a synthetic field surface, reconstructed running track with resilient surface, improved stromwater
drainage, universal access, etc.; and
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Whereas: This overall cost and fiscal budget constraints prevented the City from proceeding
forward with implementation of the project; and
Whereas: The project was instead viewed as feasible only when fiscal resources were
available, with the intention of securing grant funding, when and if available, to assist in this effort;
and
Whereas: The Executive Office of Energy and Environmental Affairs (EOEEA) is offering
reimbursable grants to cities and towns to support the preservation and restoration of urban parks
through the PARC Program, Chapter 933 Acts of 1977, as amended; and
Whereas: the Bertram Field Project will cost a total of $1,334,630.
NOW, THEREFORE, BE IT
1. That the Mayor be and is hereby authorized to file and accept grants from the
Executive Office of Energy and Environmental Affairs; and
2. That the Mayor be and is hereby authorized to expend from available funds an
amount equal to the total project cost to be reimbursed up to a maximum amount
of $400,000 by the Executive Office of Environmental Affairs; and
3. That the Mayor be and is hereby authorized to take such other actions as are
necessary to carry out the terms, purposes, and conditions of this grant to be
administered by the Department of Planning and Community Development; and
4. The Bertram Field shall be dedicated to park purposes under M.G.L. Chapter 45,
Section 14; and
5. That this resolution shall take effect upon passage.
#15 – ACCEPT DONATION FROM KERNWOOD COUNTRY CLUB FOR FIRE DEPARTMENT
The following Order recommended by the Mayor, was adopted.
ORDERED: to accept the donation from Kernwood Country Club in the amount of Six
Thousand Two Hundred Dollars ($6,200.00) to fund tools and equipment as needed for the Fire
Department. These funds will be deposited into the Fire Department Donation Fund in accordance
with the recommendation of Her Honor the Mayor.
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#16 – LEASE AGREEMENT FOR 120 WASHINGTON STREET (CITY HALL ANNEX)
The following Order recommended by the Mayor, was referred to the Committee on
Administration and Finance co-posted with Committee of the Whole.
ORDERED: Now Therefore Be It Hereby Ordered by the City Council of the City of Salem,
as follows:
That the Mayor is hereby authorized to enter into a lease agreement for the premises
located at 120 Washington Street under the terms and conditions submitted herewith.
(Lease agreement on file in the City Clerks office and can be viewed during normal working hours)
#17 – NAMING VETERANS SQUARE FOR STAFF SERGEANT MECESLAUS T. MIASKIEWICZ
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That a Veteran’s Square be named after US Army Air Forces Staff Sergeant
(SSgt) Meceslaus ‘Mashie’ T. Miaskiewicz who was killed in action on May 18, 1944. And that the
square be located at the corner of Bridge Street and Arbella Street.
#18 – ORDINANCE AMENDING TRAFFIC ON BROADWAY
Councillor Turiel introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and thirteen
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42 Repeal Section 57A, “Parking
Time Limited, Unmetered Zone” and replace with Chapter 42 Section 51B, Parking Prohibited
Certain Times on Certain Streets
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Section 57A, Broadway, westerly side, beginning at a point seventy (70) feet
from Loring Avenue, for a distance of fifty-eight (58) feet, thirty (30) minute parking, Monday through
Saturday 7:00 AM to 5:00 PM Tow Zone. “Parking Time Limited Unmetered Zone” (04-12-2012) and
insert in place with the following:
Section 2. Section 51B Broadway, westerly side, beginning at a point seventy (70) feet from Loring
Avenue, for a distance of fifty-eight (58) feet, thirty (30) minute parking, Monday through Saturday
7:00 AM to 5:00 PM, Tow Zone. “Parking Prohibited Certain Times on Certain Streets”
Section 3. This Ordinance shall take effect as provided by City Charter.
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CITY OF SALEM
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REGULAR MEETING OF THE CITY COUNCIL
#19 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated November 30, 2012, be referred to the
Committee on Administration and Finance.
#20 – YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report for October, November and December
2012, be referred to the Committee on Administration and Finance.
#21 – TAG DAY – SALEM HIGH SCHOOL SWIM TEAM
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the attached Tag Day Application for the S.H.S. Swim Team for 1/13/13
be granted.
#22 – TAG DAY – SALEM HIGH SCHOOL GYMNASTICS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the attached Tag Day Application for the S.H.S. Gymnastics for 1/20/13,
1/26/13 & 2/10/13 be granted
#23 – (715 & #718) 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 granting certain licenses, has considered said matter and would recommend approval.
JUNK DEALER Newark Recycled Fibers, 53 Jefferson Ave., Salem
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SEAWORM Jose Machado, 138 Lynnfield St., Peabody
SECOND HAND Boston St. ReSale, 134 ½ Boston St., Salem
CLOTHING
SECOND HAND Bernard’s Jewelers, 179 Essex St., Salem
VALUABLE Game Zone, 270 Essex St., Salem
Glass & Etc., Museum Place Mall, Suite 129, Salem
Marine Arts Gallery, 135 Essex St., Salem
Once & Again, 45 Bridge St., Salem
RJ Coins & Jewelry, 68 Wharf St., Salem
Salem Coin & Jewelry, 149A North St., Salem
Spindle City Precious Metals, 161 Wilbur Ave., Somerset, MA
Tobie’s Jewelry, 142 Washington St., Salem
24/7 Coin & Jewelry, 140 Derby St., Salem
#24 – COMMUNICATION FROM PLANNING BOARD REGARDING PROPOSED ZONING
AMENDMENT
A communication from Charles M. Puleo, Chairman of the Planning Board submitting
recommendation for proposed Zoning Amendment to include in Definitions, Dispensing of Medical
Marijuana by a Treatment Center. As the Commonwealth has not yet created policies, the Board
did not have sufficient information to make an informed recommendation. The Communication was
received and placed on file. (The communication is on file at the City Clerks office and the full text
can be viewed in the City Clerks office during normal business hours)
#25 – ROAD RACE REQUEST FROM B&S FITNESS
Request from B&S Fitness to hold a road race on March 2, 2013 (Black Cat 10/20 Miler),
was granted.
#26 – ROAD RACE REQUEST FROM B&S FITNESS
Request from B&S Fitness (for Run/Walk for HAWC) to hold a road race on May 5, 2013,
was granted.
#27 – ROAD RACE REQUEST FROM NORTH SHORE MEDICAL CENTER
Request from North Shore Medical Center to hold a road race on November 10, 2013 (North
Shore Cancer Run), was granted.
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#28 - #36 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
JUNK DEALERS Frederic Hutchinson, 15 Robinson Rd., Salem
I. Talkowsky & Son, 18 Phillips St., Salem
PAWNBROKER Salem Loan & Jewelry, 133 Washington St., Salem
SEAWORMS Arthur Barreira, 49 Webster St., Peabody
Alaide Picanco, 85 Tremont St., Salem
Timothy Lynch, 28 Anawan Ave., Saugus
Paul Lynch, 28 Anawan Ave., Saugus
Manuel Silva, 80 Northend St., Peabody
Analiano Silva, 25 Driscoll St., Peabody
Manuel P. Silva, 52 Paleologos St., Peabody
SECOND HAND Re-Find, 72 Washington St., Salem
CLOTHING Re-Find, 244 Essex St., Salem
Modern Millie, 3 Central St., Salem
Witch City Consignment, 301 Essex St., Salem
SECOND HAND Treasures Over Time, 139 Washington St., Salem
VALUABLES Witch City Consignment, 301 Essex St., Salem
Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
Jacqueline Satin @ Pickering Wharf Antiques Gallery, 69 Wharf St., Salem
Salem Loan & Jewelry, 133 Washington St., Salem
Record Exchange, 256 Washington St., Salem
TAG DAYS S.H.S. Girls Track Team, 3/23/13
S.H.S. Girls Softball, 4/13/13, 5/18/13
Salem Little League, 5/11/13, 6/15/13, 7/13/13
S.H.S. Field Hockey Team, 9/28/13 & 10/12/13
#37 - #38 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Leo Ward, 31 Crescent Ave., Beverly
Thomas Vallor, 100 Washington St., Salem
Patrick Curran, 9 Rockland Rd., Danvers
Brigitta Amsler, 286 Ocean Ave., Marblehead
Joseph Amato, 78 Marshall St., Medford
Jasmin Saba-Farmer, 82 Webb St., Salem
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TAXI OPERATORS Emilio Solomon, 7 Pierpont St., Peabody
Luis Roman, 129 Jackson St., Lynn
Orlando Ortiz, 99 Jackson St., Salem
Robert Berzon, 135 Grove St., Melrose
James Donovan III, 196 Bridge St., Salem
Ayad Dawood, 666 Humphry St., Swampscott
Manuel Moya, 65 Lockwood Rd., Lynn
Fior Medina, 8 Tremont St., Salem
Juan Jimenez, 9 Park St., Salem
John Doyle, 5 Blaine Ave., Beverly
Barry Neely Jr., 15 Lynde St., Salem
Liberson Almonte, 9 Dustin St., Peabody
Alejandro Fernandez, 4D Stevens St., Peabody
Katherina Alves, 21 Lewis St., Lynn
Michael Orlando, 11A May St., Salem
Christopher Darrell, 3 Salem St., Salem
Donald Lamontagne, 12 Sabino Farm Rd., Peabody
Ellen Gallant, 9 Cloutman St., Salem
John Calley, 618 Essex Ave., Gloucester
Michael Paciulli, 50 Jenness St., Lynn
Richard Lohnes, 31 Sherman St., Peabody
Wayne Swiggard, 32 Thornton Ave., Lowell
Louis Anasoulis, 215 Rantoul St., Beverly
Patrick King, 3 Lincoln St., Peabody
Gary Richard, 122 Bridge St., Beverly
Richard Demeule, 11 Summit Ave., Salem
Hipolito Ozoria, 33 Park St., Salem
Alejandro Pena, 32 Washington St., Peabody
David Benson, 86 Endicott St., Peabody
Jose Fabian-Garcia, 14 Mason St., Salem
Cristitian Nunez, 10 Wallis St., Peabody
Tammy Mejia, 106 Boston St. Salem
Donald MacPherson, 13 Bresnahan St., Peabody
Rafael Moya, 5A Ropes St., Salem
Rafael Pena, 56 Palmer St., Salem
James Finney, 13 Franklin St., Salem
Jesus Rosario, 42 Park St., Salem
David Beauchamps, 8 Center St., Salem
Juan Stepan, 34 Sachem St., Lynn
Kirk Carson, 159 Bridge St., Salem
Felix Hernandez, 5 Rockdale Park, Peabody
Donald Bovio Sr., 112 Bridge St., Salem
Laura Nardella, 112 Bridge St., Salem
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TAXI OPERATORS
CONTINUED Willy Ozoria 12 Peabody St., Peabody
Guillermo Javier, 78 Rainbow Ter., Salem
Edwin Gonzalez, 106 Lafayette St. , Salem
Ramon Espinal, 12 Mt. Vernon St., Salem
Alan Marchesini, 28 Myrtle St., Lynn
Howard Bent, 45 Franklin St., Salem
Tirsson Ozoria, 57 Harbor St., Salem
Ramon Gomez, 25 Perkins St., Salem
Jaime Lopez, 92B Green St., Lynn
Miguel Pimentel, 16 March St., Salem
Rose Anderson, 14 Bennett St., Beverly
Timothy Emerson, 31 Dane St., Peabody
Robinson Gutierrez, 19 Ward St., Salem
Juan Peguero, 22 Wyman St., Lynn
John Fabian, 16 Mason St., Salem
Jose Baez, 29 Perkins St., Salem
Shane Kieran, 40 Hawthorne Cir., Peabody
#39 - LICENSES DENIED
The following license application were denied.
TAXI OPERATOR Joseph Taylor Staten II, 2 Duck Pond Rd., Beverly
Eliezer J. Romero-Ashley, 10 Lynch St., Salem
#40 - REQUEST FOR HEARING
A hearing was requested from Eliezer Romeo on the denial of his taxi operator license was
referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.
#41 – CLAIM
The following claim was referred to the Committee on Ordinances, Licenses and Legal Affairs
Diane Decowski, 16 Fairview Ave., Lynn
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REGULAR MEETING OF THE CITY COUNCIL
#42 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE Christopher Burke, 86 Essex St., Salem
(#705A) – SECOND PASSAGE TRAFFIC ORDINANCES
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 57
Parking Time Limited, Sec. 57A Unmetered Zones, Sec. 57C Monthly Zones, Sec. 13 Service
Zones, Sec. 56 Zones Established parking meters, Sec. 50A Handicap Parking Zones was then
taken up. The Ordinance was adopted for second and final passage.
(#690) – SECOND PASSAGE TRAFFIC RESIDENT STICKER PARKING ORD STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 75
Resident Sticker Parking Ord Street, was held until the next meeting of January 24, 2013.
(#691) – SECOND PASSAGE TRAFFIC HANDICAP PARKING MARGIN STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50B
Handicap Parking, Margin Street, was then taken up. The Ordinance was adopted for second and
final passage.
(#692) – SECOND PASSAGE AMENDING FEES FOR TAXI DECALS
The matter of second and final passage of an Ordinance amending Ch. 44, Sec. 12 (c)
Fees: by deleing fee for decal $50.00 and replace with Fee for decal is $100.00, was then taken
up. The Ordinance was adopted for second and final passage.
Councillor Ryan requested a moment of personal privilege and wished a Happy Birthday to
his brother and also Councillor O’Keefe.
On the motion of Councillor O’Keefe the meeting adjourned at 7:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK