A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 25, 2001 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 18, 2001 at 6:46 P.M.
All Councillors were present.
Council President Joan B. Lovely presided.
Councillor O'Leary 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.
#51 - HEARING VERIZON AND MASS. ELECTRIC COMPANY JOINT POLE LOCATION ON WILLSON STREET
A hearing was scheduled to be held on the Order of Verizon and Massachusetts Electric Company for a joint pole location on Willson Street. No one was present from either utility company. Councillor O'Leary moved that the matter be held until the next meeting. It was so voted.
#52 - HEARING MASSACHUSETTS ELECTRIC COMPANY CONDUIT LOCATION ON WILLSON STREET
A hearing was scheduled to be held on the Order of Massachusetts Electric Company for a conduit location on Willson Street. No one was present from the utility company. Councillor O'Leary moved that the matter be held until the next meeting. It was so voted.
#53 - REAPPT. OF VARIOUS DEPARTMENT HEADS
Mayors reappointment of the following department heads with terms to expire as designated, was received.
Peter Strout Director of Public Property January 31, 2003
Inspector of Buildings
Zoning Enforcement Officer
Frank DiPaolo Assistant Building Inspector January 31, 2003
Stanley Bornstein Director of Public Services January 31, 2003
City Engineer
Joseph Nerden Engineering Assistant January 31, 2003
Bernard Martineau Fleet Manager January 31, 2003
Anne Busteed Treasurer/Collector January 31, 2003
Edwin Devereaux Assistant Treasurer January 31, 2003
Councillor O'Leary moved to divide the question. It was so voted.
The reappointment of Peter Strout, Bernard Martineau, Anne Busteed, and Edwin Devereaux was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
The reappointment of Frank DePaolo, Stanley Bornstein, and Joseph Nerden was confirmed by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Sargent, O'Keefe, LaCava, Hayes, Harvey, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor O'Leary was recorded as voting in the negative.
#54 - APPOINTMENT CONSTABLE
The Mayor's appointment of Brian S. Ferguson as a Constable for a term to expire January 17, 2002 was received and filed.
#55 - APPR. SCHOOL CONTINGENCY MERIT POOL
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
Ordered: That the sum of Seven Hundred Forty-nine Thousand Eight Hundred Thirty-two Dollars ($749,832.00) hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "School - Reserve Fund Contingency - Merit Pool" Account) in accordance with the recommendation of His Honor the Mayor.
#56 - APPR. WATER AND SEWER UTILITY MAINTENANCE
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
Councillor Driscoll requested and received unanimous consent to suspend the rules to allow Mr. Bornstein to address the Council.
Ordered: That the sum of Three Hundred Thousand Dollars ($300,000.00) is hereby appropriated as follows:
One Hundred Fifty Thousand Dollars ($150,000.00) from the "Retained Earnings Water" Account to the "Public Services - Water - Utility Service Repairs and Maintenance" Account and
One Hundred Fifty Thousand Dollars ($150,000.00) from the "Retained Earnings - Sewer" Account to the "Public Services - Sewer - Utility Service Repairs and Maintenance" Account in accordance with the recommendation of His Honor the Mayor.
#57 - APPR. PUBLIC SERVICES GENERAL PUBLIC WORKS IMPROVEMENTS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
Ordered: That the sum of Thirty-Five Thousand Dollars ($35,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Public Services - General Public Works Improvements" Account in accordance with the recommendation of His Honor the Mayor.
#58 - APPR. POLICE CONTRACTUALSERVICES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
Ordered: That the sum of Twenty Seven Thousand Forty-two Dollars and Fifty Cents ($27,042.50) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Police - Contracted Services" Account in accordance with the recommendation of His Honor the Mayor.
#59 - ORDINANCE AMENDING BOATS AND WATERWAYS, MOORING PERMITS BY HARBORMASTER'S DEPARTMENT
The following Ordinance, received from the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
In the year two thousand and one
An Ordinance to amend an Ordinance pertaining to Boats and Waterways.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 10, Section 10-24 Mooring permit, subsection (d) Fee is hereby amended by deleting the first two sentences in their entirety and inserting in place thereof the following:
(d) Fee. No mooring permit shall be issued until the fee established in this subsection shall be paid to the city. Mooring permits must be renewed by April 15th of each year. Renewal applications received or postmarked after April 15 shall result in a late fee of $15.00 being assessed.
Mooring locations not renewed by May l will be considered illegal and removed at the owner's expense and shall be delivered to the possession of the Harbormaster until claimed by the proper owner or disposed of according to (M.G.L. Chapter 91).
Section 2. Chapter 10, Section 10-24 Mooring permit, subsection (e) is hereby
amended by deleting the second sentence.
Section 3. This Ordinance shall take effect as provided by City Charter.
#60 - ORDINANCE AMENDING TRAFFIC, SEC. 50B, HANDICAP PARKING, ABBOTT STREET
Councillor O'Leary introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, Handicap Parking, Limited Time, is hereby amended by adding the following:
"Abbott Street, in front of #3, for a distance of twenty (20) feet, Handicap Parking, Tow Zone."
Section 2. This Ordinance shall take effect as provided by City Charter.
# 61 - BUILDING INSPECTOR HAVE CONTAINER ON TREMONT STREET REMOVED
Councillor Hayes introduced the following Order, which was adopted.
ORDERED: That the Building Inspector have the owner of a container on Tremont Street at the Salem/Peabody line immediately remove it from that location.
Be it further ordered: That the Building Inspector meet with the proper department to discuss the location of the " Welcome to Peabody" sign on Tremont Street at the Salem/Peabody line.
#62 - COMMUNITY AND ECONOMIC DEVELOPMENT MEET REGARDING COMPLETION DATES OF 120 WASHINGTON ST. (PEABODY BLOCK)
Councillor Harvey introduced the following Order, which was adopted.
Ordered: That the Committee on Community and Economic Development meet
with the Public Property Director and the owner of the Peabody Block to discuss the date of completion and the plan for the city move to its new space.
#63- GRANTING LICENSES
Councillor Hayes 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
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 K.C. Clark & Assoc. Antiques LTD, 24 Front St
VALUABLE .
TAXI OPERATOR 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
Karyn Milaszewski, 251 Newbury St., Peabody
Rafael Moya, 203 Washington St., Salem
Osawe J. Osawary, 10B 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
#64 - APPR. PUBLIC PROPERTY BUILDING MAINTENANCE
Councillor Driscoll 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 matter of $8,507.89 from "Fund Balance - Free Cash" to "Public Property - Building Maintenance" has considered said matter and would recommend: approval.
#65 - APPR. WINTER ISLAND HANGAR REPAIRS
Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor LaCava requested and received unanimous consent to suspend the rules to allow Tim Jenkins to speak.
The Committee on Administration and Finance to whom was referred the matter of $100,000.00 from "Capital Outlay Repairs & Renovations" for the hanger at Winter Island, has considered said matter and would recommend approval.
#65 - PARK AND RECEREATION DIRECTOR STIPEND FOR WINTER ISLAND
Councillor Driscoll 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 matter of additional salary paid to the Superintendent of Park and Recreation for his duties at Winter Island has considered said matter and would recommend that the matter remain in Committee.
#67 - WENHAM LAKE CONTAMINATION ISSUES
Councillor Harvey offered the following report for the Committee on Public Health, Safety and the Environment. It was voted to accept the report.
The Committee on Public Health, Safety and the Environment, to whom was referred the matter of dangerous contaminants surrounding our drinking water supply at Wenham Lake has considered said matter and would recommend that the attached Resolution be adopted.
#67A - RESOLUTION - STATE AND FEDERAL OFFICIALS IMPLEMENT PROGRAM TO EVALUATE WENHAM LAKE CONTAMINATION
RESOLVED:
That State and Federal Officials immediately take over supervision of the Vitale Fly Ash Pit, Casco Chemical/Nike Missile Site, and the General Aviation Site, whose boundaries now include Wenham Lake; and request that they design and implement a program to fully evaluate the extent of the contamination in the lake, and implement appropriate remedial measures in the shortest possible timeframe.
AND BE IT FURTHER RESOLVED: That copies of this Resolution be forwarded to the Massachusetts Department of Environmental Protection, the United States Environmental Protection Agency, the Mayor of the City of Beverly, the Beverly City Council, the Wenham Lake Watershed Association, and our State and Federal Elected Officials.
Councillor Flynn amended as follows: BE IT FURTHER RESOLVED: That the Salem City Council receive copies of the results of future testing regarding the determination of contamination, and the suggested remediation. The amendment was so voted.
The recommendation of the Committee was adopted as amended by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Resolution, as amended, shall now read as follows:
RESOLVED:
That State and Federal Officials immediately take over supervision of the Vitale Fly Ash Pit, Casco Chemical/Nike Missile Site, and the General Aviation Site, whose boundaries now include Wenham Lake; and request that they design and implement a program to fully evaluate the extent of the contamination in the lake, and implement appropriate remedial measures in the shortest possible timeframe.
BE IT FURTHER RESOLVED: That the Salem City Council receive copies of the results of future testing regarding the determination of contamination, and the suggested remediation.
AND BE IT FURTHER RESOLVED: That copies of this Resolution be forwarded to the Massachusetts Department of Environmental Protection, the United States Environmental Protection Agency, the Mayor of the City of Beverly, the Beverly City Council, the Wenham Lake Watershed Association, and our State and Federal Elected Officials.
#68 - GOVERNMENT SERVICES MEET REGARDING BLUE SNOW LIGHTS AND CLARIFICATION
Councillor Flynn moved to return to Motions, Orders, and Resolution. It was so voted.
Councillor Flynn introduced the following Order which was adopted. Councillor O'Keefe was recorded as "opposed".
Ordered: That the Committee on Government Services meet regarding signs beneath the blue snow lights being changed to more accurately delineate the City-wide parking ban on all City streets "No Parking anywhere in the City".
Councillor Flynn moved to return to the regular order of business. It was so voted.
#69 - USE OF SALEM COMMON FOR WEDDING, BRANDEE HELBICK
The request of Brandee Helbick to use the Salem Common for a wedding on June 18, 2001, was granted.
#70 - USE OF SALEM COMMON FOR WEDDING, KEN & CHRIS BANVILLE
The request of Ken and Chris Banville to use the Salem Common for their daughter's wedding on August 19, 2001, was granted.
#71 - #79 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
SEAWORMS Ed Rosa, 65 Fulton St., Peabody
SECOND HAND P.A. Burke Antiques, 1 1 Central St.
VALUABLE
TAG DAY S.H.S. Girls Winter Track, February 17, 2001 S. H. S. Lacrosse Boosters, March 24, 2001 S.H.S. Lacrosse Boosters, April 21, 2001 S.H.S. Girls Soccer, September 15, 2001
TAXI OPERATOR Juan A. Castillo, 97 Chelsea Ave., Chelsea
Carlos A. DeLeon, 1 00 Lafayette St., Salem
Peter J. Girard, 20 Sohier Rd., Beverly
Clifford Goodman, 22 Bertuccio Ave., Salem
Peter Jermyn, 117 Lafayette St., Salem
Richard Mintzer, 192 Forest Ave., Swampscott
Ramon Morrobel, 72 Central St., Peabody
Rafael E. Pena, 29 Perkins St., Salem
Rardy Pena, 12 First St., Salem
Leonardo Roa, 178 Beacon Hill Ave., Lynn
Raymond St. Pierre, 56 Salem St., Salem
TAXICAB Tri City Services Inc., 134 Newbury St., Peabody (2)
TAXICAB Family Car Service Corp., 93 Bridge St., Salem (4) ,
(LIMOUSINE) Tri City Services Inc., 134 Newbury St., Peabody (2), Salem Coach, 54 Congress St., Salem (1)
#80 - #83 - DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract operator license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Linskey Construction Inc., 47 Jefferson Ave., Salem
Q B Management, 452 Essex St., Beverly .
#84 - 87 - BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
DRAINLAYER Linskey Construction Inc., 47 Jefferson Ave., Salem
Q & B Management, 452 Essex St., Beverly
SIGN Sovereign Bank, 253 Essex St., Salem
CONSTABLE Brian S. Ferguson, 9 Abbott St., Salem
On the motion of Councillor O'Leary, the meeting adjourned at 8:35 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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