A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 11, 2001 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 4, 2001 at 5:03 P.M.
Councillors Furey, Hayes, and Harvey were absent.
Council President Joan B. Lovely presided.
Councillor DeToma 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.
#20 - RESOLUTION RECOGNIZING JENNIFER STETSON, NEWSPAPER CARRIER, FOR SAVING THE LIFE OF AN ELDERLY WOMAN
Councillor O'Leary moved to go to Motions, Orders, and Resolutions. It was so voted.
Councillor O'Leary introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Jennifer Stetson, an eleven year old newspaper carrier, did save the life of an elderly woman, Edna Hawryluk; and
WHEREAS: Jennifer Stetson had the keen foresight to realize something was wrong when Ms. Hawryluk had not greeted her at the door nor did she pick up her newspaper for a couple of days; and
WHEREAS: Ms. Stetson being a good and conscientious neighbor, cared enough to
alert her father that something might be wrong at the Ms. Hawryluk's home; and
WHEREAS: Ms. Hawryluk was lying on her bedroom floor, where she had collapsed
three days earlier after suffering a stroke. Ms. Stetsons, quick action might have made all the difference in Ms. Hawryluks condition; and
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council wishes to express its sincere gratitude and admiration to Jennifer Stetson for her outstanding consideration of another human being, and for proving that there are many fine and caring young people in our City.
AND BE IT FURTHER RESOLVED: That this resolution be made a matter of the record of these proceedings, and that a suitable copy, of this resolution along with a copy of the City Seal, be presented to Jennifer Stetson as a token of our admiration for her efforts in saving the life of Edna Hawryluk.
#21 - RESOLUTION, DECLARING JANUARY 2001 BRAILLE LITERACY MONTH
Councillor O'Keefe introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Braille - the system of dots used by the blind to read and write - is a truly elegant and effective medium of literacy; and
WHEREAS: Blind and visually impaired children and adults must be afforded the opportunity to achieve literacy so that they can compete in employment, succeed in education and live independent, fruitful lives; and
WHEREAS: Recording devices, the Optacon and other reading machines, and computer screen access programs have enabled blind individuals to gain access to a wide variety of printed material, but cannot be a replacement for a medium which allows an individual to read and write independently; and
WHEREAS: The teaching of Braille has been woefully neglected over the past several decades; and
WHEREAS: Legislation has been introduced in the Massachusetts General Court to ensure that blind and visually impaired school age students and adults are taught Braille if it is the most appropriate medium to proved literacy; and
WHEREAS: It is appropriate for the City to further heighten public awareness of the importance of Braille literacy among children and adults who are blind and of the great need for the production of Braille documents to match the wide variety of commonly available printed documents;
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council endorses the
actions of Mayor Stanley J. Usovicz Jr., in proclaiming the month of January 2001 as Braille Literacy Month.
#5 - APPT. KEVIN LOCHIATTO AS CONSTABLE
The Mayor's appointment of Kevin M. Lochiatto as a Constable for a term to expire December 28, 2001 was received and filed.
#6 - APPR. CAPITAL OUTLAY FOR WINTER ISLAND HANGER REPAIRS.
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
Ordered: That the sum of One Hundred Thousand Dollars ($100,000.00) is appropriated from the "Capital Outlay - Repairs and Renovations" Account to be expended for the stabilization of the hangar at Winter Island in accordance with the recommendation of His Honor the Mayor.
#7 - APPR. CAPITAL OUTLAY FOR REPLACEMENT OF VOCALARM SYSTEM FOR FIRE DEPARTMENT
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Ordered: That the sum of Thirty-Five Thousand Dollars ($35,000.00) is hereby appropriated from the "Capital Outlay - Equipment" Account to be expended for the replacement of the Vocalarm Station Alerting System in the Salem Fire Department in accordance with the recommendation of His Honor the Mayor.
#8 - APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Ordered: That the sum of Thirty Thousand Four Hundred Twenty-Seven Dollars and twenty-six cents ($30,427.26) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Fire Department - Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor.
#9 - APPR. POLICE DEPARTMENT SALARIES FULL TIME
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Ordered: That the sum of Twenty-Seven Thousand One Hundred Forty-One Dollars and forty cents ($27,141.40) is hereby appropriated from the " Fund Balance Reserved for Appropriation - Free Cash" Account to the "Police Department - Salaries - Full Time" Account in accordance with the recommendation of His Honor the Mayor.
#10 - APPR. PUBLIC PROPERTY BUILDING MAINTENANCE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Ordered: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Public Property - Building Maintenance" Account in accordance with the recommendation of His Honor the Mayor.
#11 - APPR. CEMETERY BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Ordered: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated from the "Cemetery - Receipts Reserved for Appropriation - Sale of Lots" Account to the "Cemetery - Burial" Account in accordance with the recommendation of His Honor the Mayor.
#12 - APPR. ELECTRICAL RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Ordered: That the sum of Fifteen Thousand Six Hundred Eighty-Four Dollars and six cents ($15,684.06) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Electrical Department - Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor.
#13 - APPR. LIBRARY RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Ordered: That the sum of Twelve Thousand Eight Hundred One Dollars and sixty cents ($12,801.60) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Library - Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor.
#14 - APPR. PUBLIC PROPERTY OIL HEAT
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Ordered: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the " Fund Balance Reserved for Appropriation - Free Cash" Account to the "Public Property - Oil Heat" Account in accordance with the recommendation of His Honor the Mayor.
#15 - APPR. ELECTRICAL SALARIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Ordered: That the sum of Three Thousand Seven Hundred Thirty-four Dollars and thirty Cents ($3,734.30) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Electrical Department - Salaries" Account in accordance with the recommendation of His Honor the Mayor.
#16 - TRANS. WATER AND SEWER PROFESSIONAL SERVICES
The following Order, recommended by the Mayor, was adopted.
Ordered: That the sum of Forty-four Thousand Dollars ($44,000.00) is hereby transferred from the Water and Sewer Enterprise funds as follows:
Twenty-two Thousand Dollars ($22,000.00) from "Public Services - Water - Full time Salaries Account to the "Water - Professional Services" Account and,
Twenty-two Thousand Dollars ($22,000.00) from "Public Services - Sewer - Full time Salaries" Account to the "Sewer - Professional Services" Account in accordance with the recommendation of His Honor the Mayor.
#17 - AUTHORIZE NORTH SHORE REGIONAL VOC. SCHOOL TO EXPEND CHAPTER 70 STATE FUNDING
The following Order, recommended by the Mayor, was adopted by a roll call vote of 8 yeas, 0 nays, 3 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors Hayes, Harvey, and Furey were absent.
Ordered: That the Mayor and City Council hereby authorize the North Shore Regional Vocational School District to expend One Hundred Six Thousand Eight Hundred Sixty-five Dollars ($106,865.00) in additional Chapter 70 State Aid funding to be received in FY2001.
#18 - MAYOR EXECUTE DOCUMENTS FORSALE OF LAND AT 4 FORT AVENUE
The following Order, recommended by the Mayor, was adopted by a roll call vote of 8 yeas, 0 nays, 3 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors Hayes, Harvey, and Furey were absent.
Councillor LaCava moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Ordered: That the Mayor, on behalf of the City of Salem, is hereby authorized to execute all documents required for the sale of a portion of a city-owned parcel of land, as an unbuildable lot, located at 4 Fort Avenue (Assessor's Map 41, Lot 258) to the abutter at 6 Webb Street for the bid price of Six Thousand Dollars ($6,000.00).
#19 - APPR. PUBLIC PROPERTY BUILDING MAINTENANCE
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Driscoll requested and received unanimous consent to suspend the rules.
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
Ordered: That the sum of Eight Thousand Five Hundred Seven Dollars and eighty-nine cents ($8,507.89) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Public Property - Building Maintenance" Account in accordance with the recommendation of His Honor the Mayor.
#22 - COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE HOLD PUBLIC HEARINGS WITH MUSEUM REGARDING CONSTRUCTION ISSUES.
Councillor Flynn, in conjunction with Councillor LaCava, introduced the following Order, which was adopted.
Ordered: That the Committee on Community and Economic Development call a Public Hearing with the Peabody Essex Museum to discuss their construction schedule especially as regards, truck route, truck parking, crew parking and building time table.
#23 - COMMUNITY AND ECONOMIC DEVELOPMENT COMMITTEE MEET REGARDING ESSEX STREET TW0-WAY TRAFFIC AND PARKING ISSUES
Councillor LaCava introduced the following Order, which was adopted.
Ordered: That the Committee on Community and Economic Development invite the Planning Department, the Peabody Essex Museum, Capt. Callahan, a representative of the Fire Department, and businesses and residents of Essex Street (between Hawthorne Blvd. and the Pedestrian Mall), to discuss the City's current proposal to make Essex Street, between Hawthorne Blvd. and the Pedestrian Mall, a two way street and move parking to the resident side of the street.
#24 - COMMITTEE OF WHOLE MEET TO FINALIZE 2001 LEGISLATIVE AGENDA
Councillor Driscoll, in conjunction with President Lovely, introduced the following Order, which was adopted.
Ordered: That a Committee of the Whole meeting be scheduled during the month of January to discuss and finalize the Council's legislative agenda for the year 2001.
#25 - CLAIM BE REFERRED TO COMMITTEE
Councillor O'Leary introduced the following Order, which was adopted.
Ordered: That the attached Claim be referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#26 - ORDINANCES, LICENSES AND LEGAL AFFAIRS HOLD HEARING REGARDING ALEX WILLIS TAXI CAB LICENSES
Councillor O'Leary introduced the following Order, which was adopted.
Ordered: That the attached communication from the Police Department, relative to the suspension of the right of Alex Willis to operate taxicabs and livery vehicles in the City of Salem, be referred to the Committee on Ordinances, Licenses, and Legal Affairs to hold a hearing with Mr. Willis.
#27 - PURCHASE OF PUBLIC STREET LIGHTS
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the Administration explore the feasibility and potential cost savings associated with purchasing public streetlights, as permitted under the Massachusetts Electricity Deregulation Statutes, and report back to the City Council with a recommendation.
#28 - ORDINANCES, LICENSES, AND LEGAL AFFAIRS MEET TO DISCUSS SIGN ORDINANCE
Councillor LaCava introduced the following Order, which was adopted.
Ordered: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss our current Sign Ordinance; its application, enforcement, and possible modification to it. Invite the SRA, Design Review Board, Historic Salem, Main Street Rep., Planning Dept., a member of the Beautification committee, and the Building Inspector.
#29 - ZONING ORDINANCE AMENDMENT - BODY ART & PIERCING ESTABLISHMENTS.
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: Whereas it is the express purpose of municipal zoning to promote the health, safety, and general welfare of the inhabitants of the City of Salem, and
NOW THEREFORE BE IT ORDERED by the City Council of the City of Salem that the City of Salem Zoning Ordinance be reviewed and amended and that a joint Public Hearing be scheduled with the Planning Board to review, discuss and finalize the following proposed zoning amendments:
Body Art Establishment:
A specified place or premise where the practices of body art or tattooing are performed.
Body Piercing Establishment:
A specified place or premise where the practices of body piercing are performed.
Body Art Establishment(s) and Body Piercing Establishment(s) shall be permitted in certain zoning districts within the City by Special Permit granted by the Zoning Board of Appeals, provided that:
a) Adjacent properties are adequately protected from noise, odors and unsightly appearances.
b) The hours of operation will not negatively impact surrounding areas.
#30 - ZONING ORDINANCE AMENDMENT - SUBSTANCE ABUSE TREATMENT CENTERS
Councillor Driscoll introduced the following Order, which was adopted. Councillor O'Leary was recorded as "opposed".
Ordered: Whereas it is the express purpose of municipal zoning to promote the health, safety, and general welfare of the inhabitants of the City of Salem, and
NOW THEREFORE BE IT ORDERED by the City Council of the City of Salem that the City of Salem Zoning Ordinance be reviewed and amended and that a joint Public Hearing be scheduled with the Planning Board to review, discuss the following proposed zoning amendments:
Substance Abuse Treatment Center:
A facility providing substance abuse treatment services, including but not limited to counseling services, therapy sessions and/or dispensing of needles or medication to treat substance abuse.
Medical Center:
An institution providing varied medical services, including but not limited to ambulatory care, routine medical visits, surgical care, physical rehabilitation, or mental health services, on an out-patient basis. "Hospital" and "Substance Abuse Treatment Centers" are specifically excluded form this definition.
Substance Abuse Treatment Centers shall be provided in certain zoning districts within the City by Special Permit granted by the Zoning Board
of Appeals, provided that:
a) Adjacent properties are adequately protected from noise, odors and unsightly appearances.
b) The hours of operation will not negatively impact surrounding areas in terms of traffic flow, nor create increases in traffic volume during peak periods in surrounding areas.
c) Such facilities are located not less than one thousand (1,000) feet from properties used for child care centers, public or private kindergartens, elementary schools, or secondary schools, unless the Substance Abuse Treatment Center is located within an existing medical center.
#31 - TREE TRIMMING PRACTICES, AND ALLOCATION OF FUNDING FOR TRIMMING
Councillor Flynn assumed the Chair for President Lovely.
Councillor Lovely introduced the following Order, which was adopted.
Ordered: That the Cemetery & Shade Tree Department, Finance Director and Greater Broad Street Association be invited to appear before the Committee on Administration and Finance and the Committee on Government Services to discuss the tree trimming practices throughout the City and the allocation of funding for trimming same. Also invite Verizon, Mass. Electric and Cable Company.
President Lovely resumed the chair.
# 32 - GRANTING CERTAIN LICENSES
Councillors O'Leary 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 & Legal Affairs to whom was referred
the matter of granting certain licenses has considered said matter and would recommend that the following be granted:
SECOND HAND Filigree & Fancy, 4 Wharf St., Pickering Wharf,
VALUABLE Salem
TAXI OPERATOR Leather S. Dupris, 0 Boardman St., Salem
Richard A. Hudson, 50 Warren St., Peabody
Carlos J. Pacheco, 29 Albion St., Salem.
Jeffrey L. Schafer, 8 1/2 Daniels St., Salem
TAXI CAB Larry's Transportation, 81 Leach St., (1)
(LIMOUSINE) North Shore Airport Limo, 10 Colonial Rd.(5)
#33 -NOT USED
#34 -JOINT POLE LOCATION ON WILLSON STREET
A hearing was ordered for January 25, 2001 on the petition of Massachusetts Electric Company and Verizon for a joint pole location on Willson Street.
#35 - CONDUIT LOCATION ON WILLSON STREET
A hearing was ordered for January 25, 2001 on the petition of Massachusetts Electric Company for a conduit location on Willson Street
#36 - SALEM STATE COLLEGE ROAD RACE AND WELLNESS FAIR
The request of Salem State College to hold a 5K Road Race and Wellness Fair on Sunday, April 8, 2001, was approved.
#37 - NORTH SHORE MEDICAL CENTER ROAD RACE ON OCTOBER 13, 2001
The request of North Shore Medical Center, sports Medicine Program, to hold a Road Race on October 13, 2001, was approved.
#38 - USE OF SALEM COMMON, HERITAGE DAYS COMMITTEE
The request of Sharon Cooper of the Salem Heritage Days Committee, to use the Salem Common during the week of August 12, 2001 for Heritage Days, was approved.
#39 - #46 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
JUNK DEALER Frederic Hutchinson, 15 Robinson Rd., Salem
FORTUNETELLING Shawn Poirier, 64 Beaver St., Salem
SEAWORM Maria Bettencourt, 21 Harris St., Peabody
Jose Machado, 3 Emmet St., Peabody
SECOND HAND
VALUABLE K.C. Clark & Assoc. Antiques LTD, 24 Front St., Salem
TAXIOPERATOR Lynda A. Brown, 47 Bridge St., Salem
William C. Cross, 4 Butler Ave., Danvers
John A. Ditty, 52 Peabody St., Salem
Carl W. Herwig, 168 Washington St., Peabody
Nicholas Irving, 5B Stillwell Dr., Salem
David J. Jalbert, 12 Mt. Vernon St., Peabody
Jesse Jalbert, 9 Maryvale Ln., Peabody
David J. Kerr, 35 Park St., Salem
Paul F. Lynch, 26 Appleton St., Danvers
Rosa Medrano, 52 Dow St., Salem
Karyn Milaszewski, 251 Newberry St., Peabody
Osawe J. Osawary, 1 OB May St., Salem
James Payzont, 87 Leach St., Lynn
Felix Rentas, 318 Revere Beach Pkwy., Revere
Richard Rittenberg, 9 Rockaway Ave., Marblehead
Laurie St. Pierre, 72R Central St., Peabody
David Santos, 12 Mt. Vernon St., Peabody --
TAXICAB Mildred's Transportation, 33 Bridge St., Salem (2)
(LIMOUSINE) Salem Coach, 54 Congress St., Salem (1)
TAXICAB Mildred's Transportation, 33 Bridge St. (1)
# 47 - 49 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
David Jalbert, 75 North St., Salem
John A. Potorski, 44 Highland St., Peabody
Linda Tremblay, 23 Ravenna Ave., Salem
#50 - CONSTABLE BOND
The Constable Bond of Kevin M. Lochiatto of 140 Shirley Street, Winthrop, was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
On the motion of Councillor DeToma, the meeting adjourned at 8:30 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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