MINUTES - Regular - 10/10/2013
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CITY OF SALEM
OCTOBER 10, 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.”
Assistive Listening System Now Available for City Council Meetings.
Those interested in utilizing these devices for meetings at 93 Washington Street may
contact the City Clerk Cheryl LaPointe at 978-619-5610 or clapointe@salem.com.
A Regular Meeting of the City Council held in the Council Chamber on Thursday,
October 10, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on October 3, 2013 at 5:25 P.M. This meeting is being taped and
is live on S.A.T.V.
Councillor Ryan arrived at 7:25 P.M.
Council Acting President O’Keefe presided.
Councillor Prevey moved to dispense with the reading of the record of the previous meeting. It
was so voted.
Acting President O’Keefe requested that everyone please rise to recite the Pledge of
Allegiance.
PUBLIC TESTIMONY
1. Nicole Rose Dawson – patient advocate – re: Medical Marijuana Ordinance
#629 – (#614) POLE LOCATION HIGHLAND AVENUE
A public hearing was held on the petition of National Grid to install a pole on Highland Avenue.
Appearing in favor was Sabita Mahabier Sheehy representative of National Grid stated this is to
bring service for this area.
Councillor Sosnowski opposed that National Grid has not taken care of the residents on
Boardman Street which were told that their issue wasn’t big enough to fix. They had no power
several times this summer.
Ms. Sheehy stated that this was fixed.
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Councillor Sosnowski stated that it was not done yet and they were told they are not high
priority.
Councillor Turiel moved that the hearing be closed. It was so voted.
Councillor Siegel moved that the petition be granted. It was so voted. Councillor Sosnowski was
recorded as opposed.
#630 – (#615) CONDUIT ON GOODHUE STREET
A public hearing was held on the petition of National Grid to install a conduit on Goodhue
Street.
Appearing in favor was Sabita Mahabier Sheehy representative of National Grid stated this is to
provide service to #28 Goodhue Street a new facility.
Councillor Sosnowski was opposed for the same reason stated in the previous petition and
stated that no one lives there. He asked for a roll call vote but there was not 3 hands.
Councillor Prevey moved that the hearing be closed. It was so voted.
Councillor Prevey moved that the petition be granted. It was so voted. Councillor Sosnowski
was recorded as opposed.
#631 – #632 CONSTABLE
The Mayor’s reappointment of the following to serve as Constables with the following terms to
expire were received and placed on file.
Term to Expire
Cynthia Bourgault, 19 Belleau Rd., Salem October 14, 2016
Manuel Rabbit, 3 Red Jacket Lane, Salem September 14, 2014
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REGULAR MEETING OF THE CITY COUNCIL
#633 – APPROPRIATION TO RETIREMENT STABILIZATION FUND – VACATION /SICK
LEAVE BUYBACK” ACCOUNT
The following Order recommended by the Mayor was Adopted under suspension of the
rules.
ORDERED: That the sum of Seventy Thousand and Seventeen Dollars and Ninety-Seven
Cents ($70,017.97) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick
Leave Buyback” account to be expended for the retirement buybacks as listed below in
accordance with the recommendation of Her Honor the Mayor.
Elizabeth Foley Purchasing $19,314.03
John Wright DPW $19,962.34
Natalie Kolodny School $30,741.60
Total $70,017.97
Councillor suspension of the rules Councillor Object
#634 – WAIVER OF UNPAID PARKING FINES (PEAS FOR FEES)
The following Order recommended by the Mayor was Adopted.
ORDERED: Upon payment of an unpaid parking fine and the donation of two non-
perishable items or canned goods to be donated to local food pantries, the City Collector shall
waive, from December 1, 2013 to December 24, 2013, up to thirty dollars in late fees added to an
unpaid parking fine, as provided in Section 17A of the City of Salem Traffic Code. The Collector
shall not waive any surcharge imposed by the Massachusetts Registry of Motor Vehicles if the
Collector has notified the Registry of Motor Vehicles of an unpaid fine and a non-renewal of license
and/or registration has been recorded by the Registry of Motor Vehicles.
Councillor Ryan arrived at 7:25 PM and assumed the Chair.
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#635 – ORDINANCE TRAFFIC STOP SIGN PLEASANT STREET
Councillor Sosnowski 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
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42 Section 49, “Obedience to Isolated Stop Sign”, is hereby amended by
adding the following:
Pleasant Street, southerly bound traffic on Pleasant Street stop at Washington Square.
“Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#636 – ORDINANCE TRAFFIC RESIDENT STICKER PARKING PRATT STREET
Councillor Sosnowski 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
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42 Section 75, “Parking Prohibited Towing Zone (Resident Parking)” is hereby
amended by adding the following:
Pratt Street residents to be included in Zone D, Color Yellow, residents to be included in the
resident sticker parking program and be allowed to park in the resident sticker lot located on Pratt
Street. “Resident Sticker Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
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#637– ORDINANCE TRAFFIC RESIDENT STICKER PARKING SUMMER STREET
Councillor Sosnowski introduced the following Ordinance which was referred to the
Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and thirteen
An Ordinance to amend an Ordinance relative to Traffic
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42 Section 75, “Parking Prohibited Towing Zone (Resident Parking)” is
hereby amended by adding the following:
Summer Street residents to be included in Zone D, Color Yellow, resident sticker parking all
Summer Street residents to be able to obtain resident stickers. “Resident Sticker Parking, Tow
Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#638 – TRAIL PERIOD STOP SIGN FOWLER STREET
Councillor Sosnowski introduced the following Order which was adopted.
ORDERED: That a Stop Sign be placed on Fowler Street northeasterly traffic stop at No.
Pine Street for a trial period of sixty (60) days.
#639 – ORDINANCE TRAFFIC TOW ZONE PICKMAN STREET
Councillor Sosnowski 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
Be it ordained by the City Council of the City of Salem as follows:
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Section 1. Chapter 42 Section 74 , “General Prohibition, Towing Zones”, is hereby amended
by addting the following
Pickman Street southerly side, starting at Webb Street and extending in a southerly direction
for forty-six (46) feet, “No Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#640 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order which was adopted.
ORDERED: That the Monthly Financial Report dated July and August 2013, be referred to
the Committee on Administration and Finance.
Councillor O’Keefe assumed the Chair.
#641 – COUNCIL MEETINGS FOR MONTH OF NOVEMBER AND DECEMBER 2013
Councillor Ryan introduced the following Order.
The Order was amended for Thursday December 5, 2013. It was adopted as amended.
ORDERED: That the regular meetings of the City Council for the month of November and
December be held on Thursday, November 14, 2013 and Thursday, December 12, 2013.
Councillor Ryan resumed the Chair.
#642 – ORDINANCE TRAFFIC TOW ZONE SUMNER ROAD
Councillor O’Keefe 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
Be it ordained by the City Council of the City of Salem as follows:
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Section 1. Chapter 42 Section 74 , “General Prohibition, Towing Zones”, is hereby amended
by addting the following:
Sumner Road beginning at Loring Avenue on the northerly side in a northwest direction for a
distance of two hundred and four (204) feet, “No Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#643 – ORDINANCE TRAFFIC STOP SIGN SUMNER ROAD AT LORING AVENUE
Councillor O’Keefe 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
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42 Section 49, “Obedience to Isolated Stop Signs” is hereby amended
by adding the following:
Sumner Road southerly bound traffic on Sumner Road at Loring Avenue, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#644 - ORDINANCE TRAFFIC RESIDENT STICKER PARKING SUMNER ROAD
Councillor O’Keefe 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
Be it ordained by the City Council of the City of Salem as follows:
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CITY OF SALEM
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REGULAR MEETING OF THE CITY COUNCIL
Section 1. Chapter 42 Section 75, “Parking Prohibited Towing Zone (Resident Parking)”, is
hereby amended by adding the following
Summer Street southerly side in its entirety from Bradley Road to the intersection of Loring
Avenue, Zone B color red, “Resident Sticker Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#645 – COMPLAINTS REGARDING 7/11 STORE
Councillor Prevey introduced the following Order which was referred to the Committee on
Public Health, Safety and Environment.
ORDERED: That the owners and manager of 7/11 store on North Street appear before the
Committee on Public Health, Safety and Environment to addre3ss residential complaints regarding
late night noise, trash, loitering and other issues. Invite Building Inspector or his representative and
area residents.
#646 – (#620 - #622) 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 that the following
licenses be granted:
TAG DAYS S.H.S. Girls Soccer, October 26, 2013
S.H.S. Girls Basketball, 12/7/13, 12/22/13, 12/28/13 & 1/11/14
American Legion Post #23, May 1-4, 2014 & May 9-11, 2014
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#647 – (#538 & #539) TAXI OPERATOR HEARING
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 a hearing request on a denial of a taxi operator license has considered said matter and would
recommend that the matter remain in committee and give the taxi operator one more opportunity to
appear at next scheduled hearing.
#648 – (#611 & #611A) ZONING ORDINANCE AMENDMENT RE: MEDICAL MARIJUAN
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 a zoning ordinance amendment regarding medical marijuana has considered said matter and
would recommend that the matter be moved out of committee to the full council with no
recommendation.
Councillor Sosnowski moved to hold a joint public hearing by roll call vote. The matter did
not carry by a roll call vote of 0 yeas, 11 nays, 0 absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#649 – (#607) APPROPRIATION FOR PAINTING THE LIGHTHOUSE AT WINTER ISLAND
Councillor Prevey offered the following report for the Committee on Administration and
Finance co-posted with Committee of the Whole. It was voted to accept the report and adopt the
recommendation.
The Committee on Administration and Finance co-posted with Committee of the Whole to
whom was referred the matter of an appropriation in the amount of $11,504.87 from Capital Outlay
for painting of the Fort Pickering Lighthouse at Winter Island has considered said matter and would
recommend approval.
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#650 – (#566) RESTORATION OF THE ARCH AT SALEM COMMON
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 Restoration of the Arch
at Salem Common has considered said matter and would recommend endorsing the actions of the
volunteer group, with approval of Building Inspector.
#651 – ELECTION ORDER FOR MUNICIPAL ELECTION
City Clerk Cheryl LaPointe submitting Election Warrant for the November 5, 2013 City
Election, which was adopted.
ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting
precincts in the city at the polling places designated hereinafter, on Tuesday, November 5, 2013, for the purpose of
casting votes in the City Election for the election of candidates for the following offices:
Mayor: for a term of four years
Four Councillors at Large: for the term of two years
Councillor of Wards One, Two, Three, Four, Five, Six, and Seven: for the term of two years
Three members of the School Committee: for the term of four years
AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said
meetings:
Ward One
PRECINCT ONE Bentley School, Memorial Drive
PRECINCT TWO
Ward Two
PRECINCT ONE St. John’s School, St. Peter Street
PRECINCT TWO
Ward Three
PRECINCT ONE Salem High School Auditorium, 77 Willson Street
PRECINCT TWO
Ward Four
PRECINCT ONE Witchcraft Heights School Gymnasium, 1 Frederick Street
PRECINCT TWO
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Ward Five
PRECINCT ONE Temple Shalom, 287 Lafayette Street
PRECINCT TWO Community Room, Pioneer Terrace
Ward Six
PRECINCT ONE Bates School, Liberty Hill Avenue
PRECINCT TWO Recreation Dept., Mack Park
Ward Seven
PRECINCT ONE Salem State University Enterprise Center, 121 Loring Avenue
PRECINCT TWO
AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m.
and that the City Clerk be instructed to post this notice as required by law.
#652 – PETITION FOR CONDUITS ON GEDNEY STREET AND HOLYOKE SQUARE
A hearing was ordered for October 24, 2013 on the petition from Teleport Communications
America, LLC to install conduits on Gedney Street and Holyoke Square.
#653 – ROAD RACE BOYS AND GIRLS CLUB
A request from Boys and Girls Club to hold a road race and use of city streets on November
28, 2013, was granted.
#654 – NAME CHANGE ON SECOND HAND VALUABLE LICENSE
A communication from Rosemary Squires owner of Tiffenwicket for a name change on
Second Hand Clothing and Valuable License to Queen of Hearts, was received and placed on file.
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#655 - #658 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Jillian McNamara, 12 Rantoul St., Beverly
Peter Debnam, 33 Pickman Rd., Salem
Timothy Larsen, 59 Poplar St., Danvers
Rory O’Brien, 1 Courageous Ct., Salem
Daniel Morris, 81 Grove St., Scituate
Lisa Roberts, 35 Hazel St., Salem
Thomas Huntley, 507 South Main St., Andover
TAXI CAB Amercab Taxi, 10 Jefferson Ave., Salem (3)
TAXI OPERATORS Jose Espinal, 3319 Kirkbride Dr., Danvers
Marian Reyes, 12 Smidt Ave., Peabody
Noel Gomez, 25 Perkins St., Salem
Minano Dela Cruz, 3 MasonSt., Sale
VEHICLE FOR HIRE Benjamin Kelley, 412 Cabot St., Beverly
OPERATORS ONLY James Breen, 1 Warren Rd., Woburn
#659 – LICENSE APPLICATION
The following license applications was referred to the Committee on Ordinances, Licenses
and Legal Affairs.
JUNK DEALER I. Talkowsky & Son, 18 Phillips St., Salem
#660 - #661 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
James Lewis, 3 Lillian Rd., Salem
Barbara Briggs, 57 Charles St., Salem
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#662 - #663 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
DRAINLAYER: DiIulis Brothers Construction, 31 Collins St. Terr., Lynn
SIGN: Turner’s Seafood-Salem, 43 Church St., Salem
(#609) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec.
50B Handicapped Parking Limited Time, Lynde Street, was then taken up. The Ordinance was
adopted for second and final passage.
(#610) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec.
45 Heavy Commercial Vehicles Prohibited, First Street, was then taken up. The Ordinance was
adopted for second and final passage.
Council President Ryan requested a moment of silence on the passing of John Galaris.
On the motion of Councillor O’Keefe the meeting adjourned at 8:40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK