A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 14, 2001 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 8, 2001 at 9:54 A.M.
All Councillors were present.
Council President Joan B. Lovely presided.
Councillor O'Keefe 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.
#390 - CONDUIT LOCATION, MARGIN & GEDNEY STREET
A hearing was held on the Order of NEES Communications, Inc., for a conduit location on Margin and Gedney Streets. Appearing in favor was a representative of NEES. There was no one opposed. The hearing was closed. Councillor O'Leary moved that the Order be granted. It was so voted.
#391 - POLE LOCATION ON DERBY STREET
A hearing was held on the Order of Massachusetts Electric Company and Verizon New England for a joint pole location on Derby Street. Appearing in favor was Mr. Richard Picone of Verizon. There was no one opposed. The hearing was closed. Councillor O'Leary moved that the Order be granted. It was so voted.
#392 - CONDUIT LOCATION ON CHARTER STREET
A hearing was held on the Order of Massachusetts Electric Company for a conduit location on Charter Street. Appearing in favor was a representative of Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor O'Leary moved that the Order be granted. It was so voted.
#393 - APPT. JANICE CORBETT TO BOARD OF REGISTRARS
The Mayor's appointment of Janice Corbett to the Board of Registrars, for a term to expire April 1, 2003, was confirmed under suspension of the rules, by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Mrs. Corbett to speak.
Councillor O'Leary moved that a letter of thanks and a City Seal be sent to Mr. Edward Luzinski. It was so voted.
#394 - APPT. NICHOLAS HELIDES TO BOARD OF APPEAL
The Mayor's appointment of Nicholas Helides as a member of the Board of Appeal for a term to expire May 1, 2004, was held until the next meeting under the rules.
#395 - REAPPT. JOHN H. CASEY TO LICENSING BOARD
The Mayor's reappointment of John H. Casey as a member of the Licensing Board for a term to expire June 1, 2007, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Mr. Casey to speak.
#396 - APPT. CONSTABLE
The Mayor's reappointment of Thomas Siepka as a Constable for a term to expire May 27, 2004, was received and filed.
#397 - BOND ORDER - $496,130.00 BOWDITCH SCHOOL ADDITIONAL COSTS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Four Hundred Ninety-six Thousand One Hundred Thirty Dollars ($496,130.00) be and hereby is appropriated for the purpose of paying additional costs of adding to, renovating, reconstructing, making extraordinary repairs to and equipping the Bowditch School, including the payment of all costs incidental and related thereto, and that to raise this appropriation the City Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of Four Hundred Ninety-six Thousand One Hundred Thirty Dollars ($496,130.00) under the pursuant to Chapter 44, Section 7, Clause 3 and 3A and Chapter 70B of the Massachusetts General Laws, as amended and supplemented, or any other enabling authority, and to issue bonds or notes of the City therefor.
#398 - APPR. CAPITAL OUTLAY FOR CEMETERY/SHADE TREE DUMP TRUCK
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
Ordered: That the sum of Fifty-Six Thousand, Seven Hundred Seventy-Six Dollars ($56,776.00) is hereby appropriated to the "Capital Outlay - Equipment" Account to be expended for the purchase of a dump truck with a hydraulic lift for the Cemetery and Shade Tree Department in accordance with the recommendation of His Honor the Mayor.
#399 - APPR. CAPITAL OUTLAY EQUIPMENT FOR FIRE DEPARTMENT TRUCK
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 Six Hundred Forty Three Dollars ($35,643.00) is hereby appropriated to the "Capital Outlay - Equipment" Account to be expended for the purchase of a new utility truck for the Fire Department in accordance with the recommendation of His Honor the Mayor.
#400 - APPR. PUBLIC WORKS RETIREMENT ANTICIPATION.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty Four Thousand Two Hundred Eighty Nine Dollars and seventy-five cents ($24,289.75) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor.
#401 - APPR. PARK & RECREATION ELECTRICITY
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDRED: That the sum of Twenty Two Thousand Five Hundred Dollars ($22,500.00) is hereby appropriated from the "Receipts Reserved - Golf Course" Account to the "Park and Recreation - Electricity" Account in accordance with the recommendation of His Honor the Mayor.
#402 - APPR. PARK AND RECREATION GAS/OIL
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Thirteen Thousand Six Hundred Dollars ($13,600.00) is hereby appropriated from the "Receipts Reserved - Golf Course" Account to the "Park and Recreation - Gas/Oil" Account in accordance with the recommendation of His Honor the Mayor.
#403 - APPR. PARK & RECREATION RENOVATIONS AND 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 Thirteen Thousand Dollars ($13,000.00) is hereby appropriated from the "Receipts Reserved - Golf Course" Account to the "Park and Recreation - Renovations and Repairs" Account in accordance with the recommendation of His Honor the Mayor.
#404 - APPR. PARK & RECREATION WINTER ISLAND 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 Thirteen Thousand Dollars ($13,000.00) is hereby appropriated from the "Receipts Reserved - Golf Course" Account to the "Park Department - Winter Island - Renovations and Repairs" Account in accordance with the recommendation of His Honor the Mayor.
#405 - APPR. CEMETERY SEASONAL SALARIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby appropriated from the "Cemetery - Perpetual Care Trust" Account to the "Cemetery Salaries - Seasonal Laborers" Account in accordance with the recommendation of His Honor the Mayor.
#406 - APPR. CEMETERY SALARIES - OVERTIME
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby appropriated from the Cemetery - Sale of Lots" Account to the "Cemetery - Salaries -Overtime" Account in accordance with the recommendation of His Honor the Mayor.
#407 - APPR. PARK & RECREATION, GOLF COURSE ELECTRICITY
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Five Thousand One Hundred Fifty Dollars ($5,150.00) is hereby appropriated from the "Receipts Reserved - Golf Course" Account to the "Golf Course - Electricity" Account in accordance with the recommendation of His Honor the Mayor.
#408 - APPR. CITY COUNCIL ADVERTISING EXPENSE
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 "City Council - Advertising" Account in accordance with the recommendation of His Honor the Mayor.
#409 - APPR. PARK AND RECREATION SUPPLIES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the Receipts Reserved - Golf Course" Account to the "Park and Recreation - Recreation Supplies" Account in accordance with the recommendation of His Honor the Mayor.
#410 - APPR. PARK DEPARTMENT WITCH HOUSE MAINTENANCE
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Two Thousand Three Hundred Seventy Dollars ($2,370.00) is hereby appropriated from the "Receipts Reserved - Witch House" Account to the "Park Department - Witch House - Building Maintenance" Account in accordance with the recommendation of His Honor the Mayor.
#411 - APPR. CEMETERY/SHADE TREE SALARIES OVERTIME
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand Dollars ($2,000.00) is hereby appropriated from the "Cemetery - Sale of Lots" Account to the "Shade Tree- Salaries Overtime" Account in accordance with the recommendation of His Honor the Mayor.
#412 - APPR. PARK & RECREATION WITCH HOUSE ELECTRICITY
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 Thousand Twenty Five Dollars ($1,025.00) is hereby appropriated from the "Receipts Reserved - Witch House" Account to the "Witch House - Electricity" Account in accordance with the recommendation of His Honor the Mayor.
#413 - OVERRIDE OF PROP 2 ½ FOR SALEM/BEVERLY WATER BOARD WATER TESTING
The following Order, recommended by the Mayor, was referred to the joint Committees on Administration and Finance, and Public Health, Safety, and the Environment.
ORDERED: That the request by the Salem and Beverly Water Supply Board for approval of an increase in the Board's total Fiscal Year 2002 assessment to the Cities of Salem and Beverly in the amount of Six Hundred Ten Thousand Dollars ($610,000.00) which increase is in excess of the limits provided in M.G.L. c. 49, sec. 20B (Proposition 2 '/2, so called), is hereby approved, the share of the increase to be assessed to the City of Salem being Three Hundred Eleven Thousand Dollars ($31 1,000.00) and the share of the increase to be assessed to the City of Beverly being Two Hundred Ninety Eight Thousand Nine Hundred Dollars ($298,900.00).
#414 - BLOCK PARTY ON MOFFATT ROAD
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the residents of Moffatt Road at #72 - 74, be allowed to have a Block Party on Saturday June 23, 2001 from 12:00 P.M. to sunset.
#415 - VOICE AMPLIFICATION AND CASSETTE RECORDER FOR MEETINGS AT 120 WASHINGTON STREET
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the Building Inspector is requested to provide a new combination voice amplification and cassette recording system for use at various meetings in the new 3rd floor meeting rooms at 120 Washington Street.
#416 - PUBLIC HEALTH COMMITTEE MEET WITH SALEM/BEVERLY WATER BOARD REGARDING LITIGATION AND MALCOLM PERNIE STUDY
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet with the Salem/Beverly Water Supply Board to discuss the Malcolm Pernie studies of 1997, and go into Executive Session for a discussion of any pending litigation before the Board.
#417 - CROSSWALK ON SWAMPSCOTT ROAD
Councillor Harvey, in conjunction with Councillor Lovely, introduced the following Order, which was adopted.
ORDERED: That the Director of Public Services meet with David Martel of Atlantic Extrusion to discuss the installation of a crosswalk on Swampscott Road and that such crosswalk be completed by the next regularly scheduled meeting.
#418 - RESCHEDULE JUNE 28 MEETING, AND SET SUMMER SCHEDULE OF COUNCIL MEETINGS
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the Regular Meeting of the City Council, scheduled for Thursday, June 28, 2001, be rescheduled for Wednesday, June 27, 2001 at 7.OO P.M.
AND BE IT FUTHER ORDERED: That the regular meetings of the City Council for the months of July and August, 2001, be combined and held on Thursday evening, July 19, 2001 at 7:00 P.M.
#419 - ORDINANCE AMENDING NOISE ORDINANCE, WAIVER FOR CONSTRUCTION PROJECTS
Councillor Hayes, in conjunction with Councillor Driscoll, introduced the following Ordinance.
Councillor Harvey left the Chamber due to a conflict of interest.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Noise Control, Construction and Blasting
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 22, Section 22-5 (5) is hereby amended by deleting this section and inserting in place thereof, the following:
(5) Construction and blasting. Operating or permitting the operation of any tools or equipment used on construction or demolition work between the hours of 5:00 P.M. and 8:00 A.M. the following day on weekdays or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, or the operation of drilling and /or blasting equipment used in construction, reconstruction, repair, or demolition work between the hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays or at any time on Saturdays, Sundays, or holidays, except for emergency work of public service utilities or by special variance issued by the building inspector pursuant to this Code and notification to the police department. A copy of any special variance issued by the building
inspector pursuant to this Code shall be forwarded to the City Council. All building inspectors, in addition to police officers, shall be enforcing persons for the purposes of this subsection.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor Sargent amended that no waiver shall be granted for blasting, jack hammering, or rock crushing.
Councillor O'Keefe moved that the matter be tabled. The motion was defeated by a roll call vote of 5 yeas, 5 nays, 1 absent. Councillors O'Leary, O'Keefe, LaCava, Flynn, and Lovely were recorded as voting in the affirmative. Councillors Sargent, Hayes, Furey, Driscoll, and DeToma were recorded as voting in the negative. Councillor Harvey was absent.
Councillor O'Leary moved that the matter be referred to the Committee on Ordinances, Licenses, and Legal Affairs. It was so voted by a roll call vote of 7 yeas, 3 nays, absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Hayes, Flynn, and Lovely were recorded as voting in the affirmative. Councillors Furey, Driscoll, and DeToma were recorded as voting in the negative. Councillor Harvey was absent.
Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#420 - GOVERNMENT SERVICES MEET TO DISCUSS TRASH PICK-UP
Councillor LaCava introduced the following Order, which was adopted.
ORDERED: That the Department of Public Works and Northside Carting be invited to meet with the Committee on Government Services to discuss trash pick-up at the Willows and other places in the city.
Councillor Harvey returned to the Chamber.
#421 - CHANGE OF DATE FOR HISPANIC FESTIVAL
Councillor Flynn introduced the following Order, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
ORDERED: That the City Council approve the change of date for the Hispanic Festival from the previous date of Saturday, July 14, 2001 to Saturday, September 1, 2001.
#422 - ORDINANCE, TRAFFIC, STOP SIGN, SUMMIT AVENUE
Councillor Driscoll 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, Stop Sign
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 49, is hereby amended by adding the following:
"Summit Avenue, in both directions (northbound and southbound) at the intersection with Willow Avenue"
Section 2. This Ordinance shall take effect as provided by City Charter.
#423 - USE OF SALEM COMMON FOR HALLOWEEN FESTIVITIES
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the attached request of the Salem Festivals Committee o use the Salem Common during the month of October, for various events, be referred to the Committee on Ordinances, Licenses and Legal Affairs.
#424 - RENAME 'PARLEE ST. EXT" "CAWLEY WAY"
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the street known as Parlee Street Extension be renamed Cawley Way.
#425 - APPRAISAL OF PROPERTY ON DELL STREET
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the Department of Public Works Director, Treasurer, and City Solicitor forward to the City Council immediately the appraisal for the Steadman Development proposal and also the payments paid by the City.
#426 - JOINT PUBLIC HEARING WITH PLANNING BOARD REGARDING REZONING LAND WEST OF HIGHLAND AVE FROM R-1 TO R-C
Councillor Harvey, in conjunction with Councillors O'Leary and Furey, introduced the following Order, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O'Leary, LaCava, Hayes, Harvey, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor O'Keefe was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the City Council and the Planning Board hold a Joint Public
Hearing to consider re-zoning any undeveloped land west of Highland Avenue from R-1 to RC.
Councillor Flynn assumed the Chair for President Lovely.
#427 - ORDINANCE, TRAFFIC, PARKING PROHIBITED, CLEVELAND STERET
Councillor Lovely 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, Parking Prohibited on certain streets
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 51, is hereby amended by adding the following:
"Cleveland Street, southerly side, in its entirety"
Section 2. This Ordinance shall take effect as provided by City Charter.
#428 - CITY BRING TRANSFER STATION INTO COMPLIANCE
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the City of Salem immediately proceed with bringing the Salem Transfer Station and the lease of said premises to Northside Carting into compliance with all local, state and federal laws and regulations pertaining to the operation of this facility and lease of municipally owned land.
President Lovely resumed the Chair.
#429 - 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:
TAXI OPERATOR Jacqueline D. Kaufman, 413 Boston St., Salem
Jose G. Torres, 296 Washington St., Salem
TAXI CAB/LIMO Mildred's Transportation Inc., 201 Washington St., (3), New Owner: Ramon A. Guerrero
TAG DAY S.H.S. Girls & Boys Basketball, December 8, 2001
#430 - (#358) APPR. PARKING DEPARTMENT ELECTRICITY
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 a transfer of $15,000.00 from Parking Department Salaries to Parking Department Electricity has considered said matter and would recommend approval.
#431 - (#249) PEABODY/ESSEX MUSEUM PROJECT CONSTRUCTION START TIME
Councillor Flynn offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the issue of 7:00 A.M. Start time at the Peabody/Essex Museum, has considered said matter and would recommend the following stipulations be adhered to:
• that the 7:30 A.M. start time is only for Monday to Friday
• that parking regulations be adhered to on Charter Street and in the Charter Street Housing Parking Lot
• any violation of these stipulations will result in revocation of this waiver
#432 - (#359) APPR. PARKING DEPARTMENT EXPENSES
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 a transfer of $10,000.00 from Parking Department salaries to Parking Department other expenses has considered said matter and would recommend approval.
#433 - (#285) - CORNER OF FEDERAL ST. & ST. PETER STREET BE NAMED MSGR. SIKORA SQUARE
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, and Legal Affairs to whom was referred the naming of the corner of St. Peter Street and Federal Street for Msgr. Sikora, has considered said matter and would recommend approval.
#434 - PLANNING BOARD RESPONSE TO EXTENDED CONSTRUCTION HOURS FOR PEABODY/ESSEX MUSEUM
A communication from the Planning Board, responding to the Council order for a recommendation pertaining to the construction start time for the Peabody/Essex Museum Project, was received and filed.
#434 - JOINT POLE RELOCATION, HIGHLAND AVENUE
A hearing was ordered for June 28, 2001 on the petition of Verizon New England and Massachusetts Electric Company for a joint pole relocation on Highland Avenue.
#436 - USE OF SALEM COMMON WAITER/WAITRESS RACE FOR CEREBRAL PALSY
The request of the United Cerebral Palsy to use the Salem Common for the Waiver/Waitress race on August 27, 2001, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#437 - BLOCK PARTY - PURITAN ROAD
The request of the residents of Puritan Road to hold a Block Party on July 28, 2001, with a raindate of August 4, was granted.
#438 - BLOCK PARTY - BUTLER STREET
The request of the residents of Butler Street to hold a Block Party on July 4, 2001, was granted.
#439 - BLOCK PARTY - BUCHANAN ROAD
The request of the residents of Buchanan Road to hold a Block Party on July 3, 2001, was granted.
#440 - TAXI OPERATOR LICENSES
The following Taxi Operator Licenses were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Jacgp E. Campuzano, 28 Brimblecom St., Lynn
Don Mende, 14 Countryside Lane, Marblehead
Brendall Castillo, 11 Meadow Street, Salem
Harold Trefethen, 1 Arlington Street, Amesbury
#441 - #443 - CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Josephine Cultrera, 7 Prescott Street, Salem
Walter J. Balkus, 63 Emerson Avenue, Peabody
Paul Thomas Rabchenuk, 81 Washington St., Salem
#444 - SIGN BOND
The sign bond of Niko's Cakes, 98 North Street, Salem, was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
(#368) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, 15 CLOUTMAN STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, 15 Cloutman Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Driscoll, the meeting adjourned at 9:40 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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