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MINUTES - Regular - 1/24/2013 25 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL “Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 30A ss. 18-25, and City Ordinance Sections 2-2028 through 2-2033.” A Regular Meeting of the City Council held in the Council Chamber on Thursday, January 24, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 17, 2013 at 5:14 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. Benjamin Selecky – 231 North Street, Salem – Resolution Liberty Preservation Act (#6) – APPOINTMENT OF LISA LYONS TO BEAUTIFICATION COMMITTEE Held from the last meeting the Mayor’s appointment of Lisa Lyons to serve on the Beautification Committee with a term to expire on January 10, 2016, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillor Sosnowski requested and received unanimous consent for suspension of the rules to allow Ms. Lyons to speak. 26 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL (#7) – APPOINTMENT OF CHAD GARNER TO THE HISTORICAL COMMISSION Held from the last meeting the Mayor’s appointment of Chad Garner to serve on the Historical Commission with a term to expire on January 10, 2015, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillor Prevey requested and received unanimous consent for suspension of the rules to allow Mr. Garner to speak. #43 – APPOINTMENT OF JOHN M. TOMASZ AS THE DIRECTOR OF PUBLIC SERVICES Mayor’s appointment of John M. Tomasz to serve as the City of Salem’s Director of Public Services with a term to expire on January 31, 2014, was confirmed under suspension of the rules by roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Turiel, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Carr and Ryan were recorded as voting in the affirmative. Councillors Sosnowski and Furey were recorded as voting in the negative. #44 – APPOINTMENT OF BRUCE MABBOTT TO THE BIKE PATH COMMITTEE The Mayor’s appointment of Bruce Mabbott to serve on the Bike Path Committee with a term to expire on January 24, 2016, was held under the rules until the next meeting on February 14, 2013. #45 - CONSTABLE The Mayor’s reappointment of Christine Derby to serve as Constable with a term to expire on February 1, 2016, was received and placed on file. #46 – TRANSFER TO “IT FULL-TIME SALARY” 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 Twenty-Four Thousand Dollars ($24,000.00) is hereby transferred from the “IT Maintenance” account to the “IT Full-Time Salary” account in accordance with the recommendation of Her Honor the Mayor. 27 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #47 – APPROPRIATION TO BE EXPENDED FOR REPAIRS TO OLD TOWN HALL 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 Nine Thousand Eight Hundred ($9,800.00) is hereby appropriated within the “Capital Outlay – Renovations & Repairs” account to be expended for repair of Old Town Hall roof and windows by DPS Department in accordance with the recommendation of Her Honor the Mayor. #48 – APPROPRIATION TO “HEALTH DEPT. – RODENT CONTROL” The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of One Thousand Five Hundred Dollars ($1,500.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to “Health Department – Rodent Control” account in accordance with the recommendation of Her Honor the Mayor. #49 – ACCEPT DONATION FROM PLUMMER HOME FOR BOYS TO SUPPORT ON-POINT COLLABORATION PROGRAM The following Order recommended by the Mayor was adopted. ORDERED: To accept the donation from the Plummer Home for Boys, Inc. in the amount of One Thousand Five Hundred Dollars ($1,500.00) to support the On-Point Collaboration program. These funds will be deposited into the Police Department Fund in accordance with the recommendation of Her Honor the Mayor. #50 – ACCEPT DONATION FROM SOUCY INSURANCE AGENCY FOR VETERANS PROGRAMMING The following Order recommended by the Mayor was adopted. ORDERED: To accept the donation from Soucy Insurance Agency Inc., in the amount of One Thousand Dollars ($1,000.00) to support Veterans Program. These funds will be deposited into the Veterans Department Donation Fund in accordance with the recommendation of Her Honor the Mayor. 28 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #51 – TAG DAY SALEM HIGH SCHOOL DRAMA CLUB Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the enclosed Tag Day Application for the S.H.S. Drama Club for February 9, 2013 be granted #52 – (#28 - #36) 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 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 29 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #53 – (#16) LEASE AGREEMENT FOR 120 WASHINGTON STREET Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a lease agreement located at 120 Washington St., City Hall Annex, has considered said matter and would recommend approval. #54 – (#14) RESOLUTION FOR IMPROVEMENTS TO BERTRAM FIELD Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the Resolution for improvements to Bertram Field has considered said matter and would recommend approval. #55 – (#13) APPOINTMENT OF DAVID EPPLEY TO ZONING BOARD OF APPEALS Councillor Sargent offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the appointment of David Eppley as an alternate member of the Zoning Board of Appeals with a term to expire on June 1, 2015 has considered said matter and would recommend confirmation. #56 – (#12) APPOINTMENT OF TOM WATKINS TO ZONING BOARD OF APPEALS Councillor Sargent offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, 30 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. And that rule 29A be suspended The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the appointment of Tom Watkins to the Zoning Board of Appeals with a term to expire on May 1, 2015 has considered said matter and would recommend confirmation. #57 – (#11) APPOINTMENT OF KIRT RIEDER TO THE PLANNING BOARD Councillor Sargent offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. And that rule 29A be suspended The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the appointment of Kirt Rieder to the Planning Board with a term to expire on July 1, 2016 has considered said matter and would recommend confirmation. #58 – (#8) APPOINTMENT OF BEN ANDERSON TO THE PLANNING BOARD Councillor Sargent offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. And that rule 29A be suspended. The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the appointment of Ben Anderson to the Planning Board with a term to expire on July 1, 2014 has considered said matter and would recommend confirmation. #59 – (#667 of 2012) PRESENTATION BY GLOBAL GROUP Councillor Ryan 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 the Presentation by Global Group for lower electric power rates has considered said matter and would recommend allow Global Group to do an a study of the City’s electricity cost and report back to the Committee of the Whole. 31 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #60 – (#96 of 2011) SUB-COMMITTEE FOR THE NEW CITY HALL ANNEX Councillor Ryan 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 the Sub-committee for the new City Hall Annex has considered said matter and would recommend re-activate the sub- committee and set a date to report back to the Council at the first meeting in September 2013. The Sub-committee members are as follows Council President Ryan, Councillor Legault, Councillor Sosnowski, Mayor, City Planner, Building Inspector, Finance Director, Solicitor and George Fallon. #61 – CITY CLERK SUBMITTING ELECTION CALENDAR A communication from City Clerk Cheryl LaPointe submitting the Election Calendar for the year 2013 was adopted. #62 – REQUEST FROM MATTHEW FRASER TO MAKE PRESENTATION RE: TIMEBANK A request from Matthew Fraser to make a presentation to the Council regarding Salem Timebank, was referred to the Committee of the Whole. #63 – RESOLUTION LIBERTY PRESERVATION ACT A resolution submitted by Benjamin Selecky regarding Liberty Preservation Act was referred to the Committee of the Whole. #64 - #67 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. SEAWORMS Alexandrino DaSilva, 37 Harris St., Peabody Armando Borges, 7 Union St., Peabody Eutimio Cunha, 89 Tremont St., Peabody SECOND HAND Tiffen Wicket, 100 Wharf St., Salem CLOTHING Licenses continued next page 32 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL SECOND HAND Tiffen Wicket, 100 Wharf St., Salem VALUABLE TAG DAYS S.H.S. Baseball Team, April 20, 2013 S.H.S. Baseball Team, May 4, 2014 D.A.V. Chapter #84, May 16, 17 & 19, 2013 VFW, May 24-27, 2013 Salem Veterans Council June 28-30, 2013 & July 4, 2013 D.A.V. Chapter #84, November 1-4, 2013 VFW, November 8-11, 2013 #68 - #69 LICENSE APPLICATIONS The following license applications were granted. PUBLIC GUIDES Sarah Carter, 277 Lafayette St., Salem Heide Hasselmann, 2 Cranberry Hill, Duxbury Mike Vitka, 28 Howard St., Salem Judith Eidelman, 220 Humphrey St., Marblehead Allen Winecour, 161 Garland St., Everett William Sano, 35 Daniels St., Salem Jeffrey Langone, 283 Derby St., Salem Cynthia Haigh, 4 Brackett St., Milton Tammy Harrington, 21 Chase St., Beverly TAXI OPERATORS Julio Jimenez, 16 Eastman Park, Peabody Jose Fabian, 14 Mason St., Salem Ramon Espinal Jr., 12 Mt. Vernon St., Salem Belkys Guerrero, 1000 Loring Ave., Salem Pedro Taveras, 100 Lafayette St., Salem Milciades Pichardo, 16 Hersey St., Salem Jose Lopez, 16 Mason St., Salem Ricardo Villanugua, 78 Hathorne St., Salem Marcos Medina, 8 Tremont St., Salem Santiago Ducos, 16 Dow St., Salem Robert Ruest, 6 Dustin St., Peabody Roberto Pacheco, 105 Congress St., Salem Moulaye Cherif Moulaye, 42 W. Baltimore St., Lynn Daniel Sirois, 15 Becket St., Salem 33 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #70 – LICENSE APPLICATIONS DENIED The following license applications were denied. TAXI OPERATOR Jose Ovalles, 72 Palmer St., Salem Julio Cora, 90 Light St., Lynn #71 – #72 REQUEST FOR HEARING ON DENIAL OF LICENSE A hearing request from the following on the denial of their taxi operator licenses was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session. Julio Cora, 90 Light St., Lynn Joseph Staten II, 2 Duck Pond Rd., Beverly #73 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS The following Drainlayer / Contract operator license applications were granted. Bartlett & Steadman Co., Inc. R67 Village St., Marblehead J. Masterson Construction Co., 80 Alderbrook Dr., Topsfield Geologic – earth Exploration Inc., 3 Hancock St., Plainville W.L. French Excavating Corp., 3 Surrey Cir., N. Billerica Spencer Contracting, P.O. Box 875, Salem Mennino Construction Co, Inc., 76 Oakville St., Lynn James W. Flett Co., Inc., 800 Pleasant St., Belmont Thomas Mackey & Sons Inc., 58 Broadway, Salem Village Construction, 190 Pleasant St., Marblehead Cariso & McGovern Const. Inc., 1 Industrial Way, Georgetown TDS Inc., 2 Peter Dr., Sterling Atlantic Paving, 119R Foster St., Peabody Joseph P. Cardillo & Son Inc., 1 Melvin St., Wakefield J.F. White Contracting Co., 10 Burr St., Framingham DeIulis Brothers Const. Co. Inc., 31 Collins St., Lynn Raffaele Construction Corp., 21 Elm Pl., Swampscott Caruso Corp., 320 Charger St., Revere Mirra Co. Inc., 6 Norino Way, Georgetown Phoenix Communications, 70 James St., Worcester 34 CITY OF SALEM JANUARY 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #74 – CLAIMS The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs. SUBROGATED Thomas George Assoc./Liberty Mutual (for Anthony Redden) P.O. Box 30, East Northport, NY 11731 #75 - #79 BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Christine Derby, 73 Tremont St., Salem DRAINLAYER J. Masterson Construction Corp., 80 Alderbrook Dr., Topsfield J.F. White Contracting Company, 10 Burr St., Framingham W.L. French Excavating Corp., 3 Surrey Cir., N. Billerica SIGN HEX Old World Witchery & Omen, 246 Essex St., Salem (#18) – SECOND PASSAGE TRAFFIC BROADWAY The matter of Second and final passage of an Ordinance relative to Traffic Chapter 42, Section 57A repeal Parking Time Limited, Unmetered Zone, Broadway and insert in place Section 51B Parking Prohibited Certain Times on Certain Streets Broadway westerly side 70 ft. from Loring Avenue, for a distance of 58 ft., 30 minute parking, Mon – Sat. 7:00 AM to 5:00 PM, Tow Zone was then taken up. The Ordinance was adopted for second and final passage. (#690) – SECOND PASSAGE TRAFFIC RESIDENT STICKER PARKING ORD STREET Held from the last meeting the matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 75 Resident Sticker Parking Ord Street was then taken up. The following amendment was adopted by adding the following to the Ordinance after the words Butler Street, Zone F, Color White. The Ordinance was adopted for second and final passage. On the motion of Councillor O’Keefe the meeting adjourned at 8:10 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK