A Regular Meeting of the City Council was held in the Council Chamber on Thursday, July 19, 2001 at 8:15 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on July 13, 2001 at 9:15 A.M.
Councillor Furey was absent.
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.
#501 - EXECUTIVE SESSION - SETTLEMENT
Councillor O'Leary moved to take out of order, under "Communications from City Officials", a request from John Keenan, City Solicitor, to hold an Executive Session to discuss a potential settlement. It was so voted.
Councillor O'Leary moved that the City Council adjourn to the Council anteroom to hold an executive session, and at the end of the Executive Session, the regular meeting will continue. It was so voted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Hayes, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor Furey was absent.
See end of meeting for minutes of Executive Session.
After the Executive Session, Councillor O'Leary moved that the meeting continue. It was so voted.
#502 - APPT. LLOYD TERNES TO BOARD OF APPEAL (ASSOCIATE MEMBER)
The Mayor's appointment of Lloyd Ternes to serve as an Associate Member of the Board of Appeal was held until the next meeting under the rules.
#503 - APPT. LUCY CORCHADO TO BOARD OF HEALTH
The Mayor's appointment of Lucy Corchado to the Board of Health, for a term to expire the first Monday in February, 2004, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Hayes, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor Furey was absent.
Councillor DeToma moved to waive the reading of a letter from Councillor Thomas Furey. It was so voted.
Councillor LaCava requested and received unanimous consent to suspend the rules to allow Ms. Corchado to speak.
Councillor O'Keefe moved that a letter and City Seal be sent to Ms. Winfrey. It was so voted.
#504 - MAYOR'S WITHDRAWAL OF APPOINTMENT OF PAUL TUTTLE TO BOARD OF APPEAL
A communication was received from the Mayor, after the deadline of Tuesday Noon, withdrawing the appointment of Paul Tuttle to the Board of Appeal. Councillor O'Leary requested and received unanimous consent to suspend the rules.
The Appointment was withdrawn.
#505 - APPT. PAUL TUTTLE TO BOARD OF APPEAL
The Mayor's appointment of Paul M. Tuttle to serve as a member of the Board of Appeal, for a term to expire May 1, 2004, was withdrawn by the Mayor.
#506 - REAPPT. CONSTABLE
The Mayor's reappointment of Michael A. Semertgakis to serve as a Constable for a term to expire July 2, 2001, was received and filed.
#507 - AUTHORIZE PROPOSITION 2 ½ OVERRIDE FOR SALEM/BEVERLY WATER BOARD
The following Order was received from the Mayor.
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 Five Hundred Ninety Thousand Dollars ($590,000.00), which increase is in excess of the limits provided in M.G.L. c. 59, sec. 20B (Proposition 2 1/2, so-called), is hereby approved, the share of the increase to be assessed to the City of Salem being Three Hundred Thousand Nine Hundred Dollars ($300,900.00) and the share of the increase to be assessed to the City of Beverly being Two Hundred Eighty-Nine Thousand One Hundred Dollars.
Councillor Harvey requested and received unanimous consent to suspend the rules. Councillor Harvey stated that per the Department of Revenue, because of the change of amount, the matter can come before the Council again.
Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Richard Grabowski to speak.
Councillor Harvey moved approval of the Order. It was so voted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, O'Keefe, LaCava, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors O'Leary and Hayes were recorded as voting in the negative. Councillor Furey was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#508 - APPR. WATER ASSESSMENT (SALEM/BEVERLY WATER BOARD) ADDITIONAL FUNDS
The following Order, recommended by the Mayor, was adopted under
suspension of the rules, by a roll call vote of 8 yeas, 2 nays, 0 absent. Councillors Sargent, O'Keefe, LaCava, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors O'Leary and Hayes were recorded as voting in the negative. Councillor Furey was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the sum of Three Hundred Thousand Nine Hundred Dollars $300,900.00) is hereby appropriated from the "Retained Earnings - Water" Account (6100-3190) to the "Water - Assessment" Account (610033-5650) in accordance with His Honor the Mayor.
#509 - BOND ORDER - REFUNDING BONDS DATED JULY 15, 1991
The following Order was recommended by the Mayor.
ORDERED: By the City Council of the City of Salem that in order to reduce interest costs, the Treasurer, with the approval of the Mayor, is authorized to issue refunding bonds pursuant to Chapter 44, Section 2 1 A of the Massachusetts General Laws, or any other enabling authority, to refund all or a portion of the outstanding balance of the City's $12,190,000 General Obligation Municipal Purpose Loan of 1991 Bonds, dated July 15, 1991 in order to pay the principal, redemption premium and interest on the bonds to be refunded, and costs of issuance of the refunding bonds; and that the Treasurer and the Mayor are each authorized to execute such documents as may be necessary or desirable to carry out the transaction, including a refunding trust agreement with a bank or trust
company.
Councillor Driscoll requested and received unanimous consent to suspend the rules.
Councillor Driscoll moved that the Bond Order be adopted for first passage. It was so voted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Hayes, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor Furey was absent.
Councillor Driscoll moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Driscoll moved that the City Council adopt the following emergency preamble:
"That the City Council hereby declares the following Order regarding the bond refunding authorization an emergency involving the health, safety and welfare of the people, such that passage of said order will reduce interest costs by taking advantage of existing financial market conditions and immediately enhancing the city's financial position. As an emergency, said order shall be allowed to pass finally (first and second passage) at this meeting."
The preamble was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Hayes, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor Furey was absent.
Councillor Driscoll moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Driscoll moved that the Bond Order be adopted for second and final passage under the provisions of Massachusetts General Laws, Chapter 43, Sections 20 and 22 and Sections 20 and 22 of the City of Salem Charter by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Hayes, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor Furey was absent.
Councillor Driscoll moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#510 - APPR. SEWER INFRASTRUCTURE REPAIRS
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Councillor LaCava requested and received unanimous consent to suspend the rules to allow Mr. Stanley Bornstein, Director of Public Services, to address the Council.
ORDERED: That the Sum of One Hundred Fifty Thousand Dollars ($150,000.00) is hereby appropriated from the "Retained Earnings - Sewer" Account (6000-3190) to the "Sewer - Infrastructure Repairs" Account (600032-5839) in accordance with the recommendation of His Honor the Mayor.
#511 - MAYOR RESCINDING APPR. $13,000.00 FOR PARK AND RECREATION RENOVATION AND REPAIRS
A communication was received from the Mayor, rescinding an appropriation of $13,000.00 from Golf Course Receipts to Park and Recreation Renovation and Repairs. The communication was received and filed.
#512 - ORDINANCE AMENDING ELECTRICAL DEPARTMENT INSPECTIONS AND FEES
The following Ordinance, recommended by 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 Fees and Inspections
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 12, Section 12-164 General permit fees is hereby amended by deleting this section in its entirety and inserting thereof the following:
(1) Minimum fee for any electrical work performed in all types of
property, which includes City of Salem buildings $ 15.00
(2) Per thousand on building permit valuation - renovations, new
work, which includes City of Salem buildings $ 3.00
(3) Installation of gas/oil burner per burner $ 15.00
(4) For any electrical work connected with swimming pools
(building permit required) $ 30.00
(5) Installation of each pump used at a gasoline service station $ 30.00
For each additional 5.00
(6) Installation of each electric sign $ 30.00
(7) Installation of temporary, new service or renewed service up
to 200 amperes $ 30.00
(8.) Installation of temporary, new service or renewed service up
to 400 amperes $ 60.00
(9) Installation of temporary, new service or renewed service up
to 800 amperes $120.00
(10) Installation of temporary, new service or renewed service up
over 800 amperes $200.00
(11) Change service panel from fuses to circuit breakers or any
change $ 20.00
(12) Installation of smoke detectors, burglar alarm system and in-
terror fire alarm systems - per unit residential $ 25.00
(13) Installation of smoke detectors, burglar alarm systems and in-
terror fire alarm systems, computer circuits and telephone
circuits wiring of HAVAC units - per unit commercial $ 35.00
(14) Reinspection all types of property $ 20.00
(15) Certificate of occupancy - all buildings $ 35.00
(16) Installation of traffic lights $ 50.00
(17) Vendors use of electricity at Salem common and on other city
sites $ 25.00
(18) Vendors use of additional electrical equipment requiring
special installation $200.00
(19) Penalty fee for tampering with city master fire alarms without
prior notification for plug outs $200.00
(20) For the initial timing and connection to the city terminals (as
designated by the city electrician).of a privately owned f/a master
box by the electrical department $200.00
(21) Indus trial permits by licensed staff personnel in house wiring $200.00
Section 2 This Ordinance shall take effect as provided by City Charter.
#513 - PROJECT MANAGEMENT AGREEMENT WITH KVA ASSOCIATES FOR SCHOOL CONSTRUCTION PROJECTS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the Mayor, Purchasing Agent and Superintendent of Schools are hereby authorized to execute a Project Management Agreement covering a period of fifty-four months between the City of Salem and KVA Associates, Inc. for project management services in connection with the planning, design and construction of the remaining school construction projects
#514 - APPR. $150,000.00 FOR SEWER INFRASTRUCTURE REPAIRS
The following Order was received after the deadline of Tuesday Noon. Councillor Driscoll requested and received unanimous consent to suspend the rules.
The Order was adopted under suspension of the rules.
ORDERED: That the sum of One Hundred Fifty Thousand Dollars ($150,000.00) is hereby appropriated from the "Retained Earnings - Sewer" Account (6000-3190) to the "Sewer - Infrastructure Repairs" Account (600032-5839) in accordance with the recommendation of His Honor the Mayor.
#515 - USE OF SALEM COMMON BY SALEM HALLOWEEN COMMITTEE
Councillor Flynn introduced the following Order, which was adopted.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the Salem Halloween Committee 2001 be granted to use the Salem Common on the following dates and times:
Oct. 6, 2001 12:00 to 8:00 P.M.
Oct. 7, 2001 12:00 to 6:00 P.M.
Oct. 8, 2001 12:00 to 6:00 P.M.
Oct. 13, 2001 12:00 to 8:00 P.M.
Oct. 14, 2001 12:00 to 6:00 P,M.
Oct. 19, 2001 6:00 to 9:00 P.M.
Oct. 20, 2001 12:00 to 9:00 P.M.
Oct. 21, 2001 12:00 to 6:00 P.M.
Oct. 25, 2001 5:00 to 9:00 P.M.
Oct. 26, 2001 12:00 to 9:00 P.M.
Oct. 27, 2001 12:00 to 6:00 P.M.
Oct. 29, 2001 4:00 to 7:00 P.M.
Oct. 30, 2001 4:00 to 7:00 P.M.
Oct. 31, 2001 4:00 to 9:00 P.M.
This permission is contingent upon the submission of an approved master plan and budget. This use can be modified at a future date.
#516 - POLICE TRAFFIC PAINT PARKING SPACE DESIGNATIONS ON DERBY STREET
Councillor Harvey introduced the following Order.
ORDERED: That the Police Traffic Safety Officer paint the appropriate parking space indicators on Derby Street, in order to maximize parking spaces for the Derby Street area.
Councillor Harvey amended that the Committee on Community and Economic Development study angle parking in the Derby Street area. It was so voted.
The Order was adopted as amended so that it shall now read as follows:
ORDERED: That the Police Traffic Safety Officer paint the appropriate parking space indicators on Derby Street, in order to maximize parking spaces for the Derby Street area.
AND BE IT FURTHER ORDERED: That the Committee on Community and Economic Development study angle parking in the Derby Street area.
#517 - BLOCK PARTY - GARDEN TERRACE
Councillor Hayes introduced the following Order, which was adopted.
ORDERED: That the residents of Garden terrace hold a Block Party on
August 5, 2001 with a raindate of August 12, 2001.
#518 - ENGINEER ERECT APPROPRIATE BARRIER AT THE END OF CROWDIS STREET
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the City Engineer erect an esthetically pleasing barrier at the end of Crowdis Street due to the unsightly boulders that are there now.
#519 - USE OF SALEM COMMON BY Y.M.C.A. FOR ADULT WELLNESS PROGRAM
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the attached request from Brandi Hodsdon, Health and Wellness Director from the Salem YMCA to use the Salem Common to hold an adult exercise program from 6:00 A.M. to 7:00 A.M. Monday through Friday be approved.
#520 - ORDINANCE AMENDING DISPOSITION OF CITY OWNED LAND - COUNCIL APPROVAL FOR ALL TRANSACTIONS, INCLUDING TAX TITLE AND LOW VALUE
Councillor O'Leary introduced the following Ordinance.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to the Disposition Of City-Owned Land
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. That Division 4, entitled Disposition of City-Owned Land, in the City of Salem Code of Ordinances is hereby amended by adding the following new section:
Section 2-1637 The aforementioned requirements delineated in Section 2-163 through 2-1636 shall be adhered to for the disposition of all City-Owned land, including land acquired by the City through tax title or land of low value procedures. In no event, shall city-owned land be disposed of without notice being mailed to all abutting land owners stating the City's intent to dispose of a particular parcel or parcel(s). Said notice shall be mailed to abutters a minimum of thirty (30) days prior to the sale and shall include the date, time, and place for submission of bids or proposals.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor Sargent amended to add the language "…Said notice shall be mailed to abutters, their abutters and the City Council at their home address a minimum of thirty (30) days prior to the sale…". The amendment was so voted.
The Ordinance was adopted for first passage as amended, so that it shall now read as follows:
In the year two thousand and one
An Ordinance to amend an Ordinance relative to the Disposition Of City-Owned Land
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. That Division 4, entitled Disposition of City-Owned Land, in the City of Salem Code of Ordinances is hereby amended by adding the following new section:
Section 2-1637 The aforementioned requirements delineated in Section 2-163 through 2-1636 shall be adhered to for the disposition of all City-Owned land, including land acquired by the City through tax title or land of low value procedures. In no event, shall city-owned land be disposed of without notice being mailed to all abutting land owners stating the City's intent to dispose of a particular parcel or parcel(s). Said notice shall be mailed to abutters, their abutters and the City Council at their home address a minimum of thirty (30) days prior to the sale and shall include the date, time, and place for submission of bids or proposals.
Section II. This Ordinance shall take effect as provided by City Charter.
#521 - SALEM Y.M.C.A. 5K ROAD RACE ON OCTOBER 28, 2001
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That THE attached request from the Salem Y.M.C.A. to hold a 5K Road Race on Sunday, October 29, 2001 be approved.
#522 - POLICE TRAFFIC ERECT "DRIVEWAY SLOW" SIGNS AT 437 LAFAYETTE STREET
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division erect a sign on a utility pole opposite 437 Lafayette Street "Driveway - Slow" or language to that affect.
#523 - PUBLIC WORKS VALVE REPLACEMENT SCHEDULE
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Director of Department of Public Works submit a list to all City Councillors the schedule of water valve replacements that are going to be replaced through October 2001 and the expected impacts to water users.
#524 - AMPHIBIOUS VEHICLES AND ACCESS TO WATER
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That a Committee of the Whole meeting be held to discuss options available to assist with the operation of an amphibious vehicle tour in the City of Salem. Invited to attend: Mayor Usovicz, Park and Recreation Superintendent Larry McIntire, Jim Domenic, Moby Duck Operator, and any other interested parties.
Councillor Flynn assumed the Chair for President Lovely.
#525 - COUNCIL SUPPORT OF TAKING PROPERTY AT 18 CROMBIE STREET
Councillor Lovely introduced the following Order, which was referred to the Committee on Community and Economic Development.
ORDERED: That the City Council respectfully request and support the SRA to take the property at 18 Crombie Street by eminent domain due to the continued neglect of the property by its owner, Holyoke Mutual Insurance Company and that the Mayor approve the appropriate funding for said taking when said taking occurs.
#526 - PARKING AND TENANT ISSUES AT 16 CLOUTMAN STREET
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the owner of 16 Cloutman Street appear before the Committee on Government Services to discuss the ongoing parking and activity problems and impact on neighborhood and that the Building Inspector, Health Department and the Fire Inspector together with the neighbors be invited to attend.
#527 - GRANTING CERTAIN 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, and 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 Alberto Guerrero, 16 ½ Chase Street, Salem
TAG DAY S.H.S. Percussion Ensemble-Colorguard, August 18, 2001
S.H.S. Concert Band, December 1, 2001
USE OF SALEM COMMON The Gathering at Salem, 7 Upham St., Oct. 20, 2001
#528 - APPROVAL OF CLAIMS
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. Councillor Hayes moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of three (3) claims for flooding on Jefferson Avenue has considered said matter and would recommend that the following claims be approved:
Donald Beauvais, 202 Jefferson Avenue
Alfred Votta, 212 Jefferson Avenue
Gary Theriault, 209 Jefferson Avenue
#529 - (#332) - FLOODING AT STEPPS BEACH
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 matter of flooding at Stepps Beach has considered said matter and would recommend that the Department of Public Works Director contact the Conservation Commission member Cornacchio for an experimental valve to be placed on the pipe at Stepps Beach.
#530 - (#460) - REGULATING NOISE FROM CELLULAR PHONES AT PUBLIC MEETINGS
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 matter of prohibiting cellular phones in the meeting rooms as well as Council meetings, has considered said matter and would recommend that an announcement be made at the beginning of the meetings by the chairperson of the various Boards and Commissions that all cellular and beeper devices be turned to silence.
#531 - (#453) - FIVE-YEAR LEASE WITH SALEM WILLOWS BOAT LIVERY
Councillor O'Leary offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of a five-year lease agreement with the Salem Willows Boat Livery for lease of space at the Salem Willows Pier has considered said matter and would recommend that the matter be adopted.
#532 - (#452) - FIVE YEAR LEASE FOR SUN LINE LIMITED MARITIME SERVICES AT SALEM WILLOWS
Councillor O'Leary offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of a five-year lease agreement with sun Line Limited at Salem Willows Pier for maritime services has considered said matter and would recommend that the matter be adopted.
#533 - CITY CLERK SUBMITTING CERTIFICATION OF CHARTER BALLOT QUESTION PETITION, AND PLACING QUESTION ON NOVEMBER BALLOT
A communication was received from City Clerk Deborah Burkinshaw, submitting certification of petitions to place the Charter question on the Ballot. Councillor O'Leary moved that the question be placed on the November 6, 2001 ballot and the election of Charter Commission members be ordered. It was so voted.
#534 - P.G.& E. REQUESTING OPPORTUNITY TO MEET WITH COUNCIL TO DISCUSS VARIOUS ISSUES
A communication was received from Mr. Michael Fitzgerald of P.G. & E., requesting an opportunity to meet with the City Council to discuss various issues, was referred to the Committee of the Whole.
#535 - EXTENDED CONSTRUCTION HOURS AT VINNIN SQUARE CONSTRUCTION PROJECT
The request of ProCon Construction company for extended working hours for the Archstone project at Vinnin Square, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#536 - VERIZON AND MASS. ELECTRIC CO. FOR SIDEWALK FIXTURE ON RAWLINS STREET
A hearing was ordered for September 13, 2001 on the petition from Verizon and Massachusetts Electric Company for a jointly owned sidewalk anchor fixture on Rawlins Street.
#537 - CONDUIT LOCATION ON FIRST STREET AND HIGHLAND AVENUE
A hearing was ordered for September 13, 2001 on the petition of Massachusetts Electric Company for conduits on First Street and Highland Avenue.
#538 - #539 - BLOCK PARTIES
The following requests for Block Parties were granted.
Becket Street, July 28, 2001
Oliver Street, September 8, 2001
#540 - #543 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAXI OPERATOR Mark R. Adams, 59 Goodale St., Peabody
Danielle Flygare, 208A Washington St., Gloucester
Temistocle Gonzalez, 27 Union St., Lynn
Jamie Lopez, 41 ½ Harbor St., Salem
Ramon Ortiz, 838 western Ave., Lynn
David c. Riley, 136 Shore Dr., Peabody
Robert E. Smith, 29 Williams St., Salem
TAXI CAB Family Car Services Corp., 93 Bridge St., Salem
TAG DAY S.H.S. Jr. Varsity Cheerleaders, Sept. 22, 2001
S.H.S. Jr. Varsity Cheerleaders, October 6, 2001
#544 - #546 - CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Irene Hoxha, 54 Forrester St., #1, Salem
Dawn Baribeau, 15 Coolidge Rd., Salem
Patricia M. Cunningham, 4 Dark Lane, Peabody
#547 - #548 - #549 - BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
CONSTABLE Daniel V. Stanwood, Jr., 77 Leach Street, Salem
Michael Semertgakis, 119 Florence St., Everett
SIGN Cilantro, Inc., 282 Derby St., Salem
(#397) - BOND ORDER, BOWDITCH SCHOOL, ADDITIONAL COSTS
The matter of second and final passage of a Bond Order, appropriating $496,130.00 for additional costs for the construction of the Bowditch School was then taken up. The Bond Order was adopted for second and final passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Hayes, Harvey, Flynn, and Lovely were recorded as voting in the affirmative. Councillors Driscoll and DeToma were recorded as voting in the negative. Councillor Furey was absent.
(#419) - SECOND PASSAGE - ORDINANCE AMENDING NOISE, CONSTRUCTION AND BLASTING, HOURS OF OPERATION
The matter of second and final passage of an Ordinance amending Noise, Construction and Blasting, hours of operation, was then taken up. Councillor Harvey left the Council Chamber due to a conflict of interest. Councillor Flynn assumed the chair.
Councillor Lovely amended the Ordinance by adding under subsection ( c ) the following: "No special variance for any work herein shall be granted by the building inspector for work on Sundays or Holidays without prior approval of the City Council." The amendment was adopted. Councillor O'Leary was recorded as opposed.
The Ordinance was adopted as amended for second and final passage. Councillors LaCava and O'Leary were recorded as "opposed". The Ordinance shall now read as follows:
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Construction and Blasting, Hours of Operation
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 22, Section 22-2 (5) of the Salem Code of Ordinances is hereby
amended by deleting section (5) in its entirety, and inserting in place thereof, the following:
(5) Construction and Blasting
a. Construction. Operating or permitting the operation of tools or equipment used in construction or demolition work between the hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, 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. Before a waiver is granted, the City Council shall be notified that a waiver is being considered. A copy of any special variance issued by the building inspector pursuant to this sub-section shall be forwarded to the City Council.
b. Blasting, Rock Crushing, Jack Hammering, Hydraulic Blasting, Pile Driving. The operation of drilling and/or blasting equipment, rock crushing machinery, pile driving, or jack hammers 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. No special variances for any work herein shall be granted by the building inspector for work on Sundays or Holidays without prior approval of the City Council. Any special variance issued by the building inspector pursuant to this
sub-section shall first be approved by the City Council.
C. No special variances for any work herein shall be granted by the building inspector for work on Sundays or Holidays without prior approval of the City Council.
All building inspectors, in addition to police officers, shall be enforcing persons for the purposes of this Sec. 22-2(5).
Section 2. This Ordinance shall take effect as provided by City Charter.
(#458) - ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, LORING AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Section 75, Resident Sticker Parking, Loring Avenue, was then taken up. The Ordinance was adopted for second and final passage.
(#461) - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, KOSCIUSKO STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap parking, Kosciusko Street, was then taken up. The Ordinance was adopted for second and final passage.
(#463) - ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, #138 CANAL STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 51B, Parking Prohibited, thirty-minute parking in from of #138 Canal Street, was then taken up. The Ordinance was adopted for second and final passage.
(#464) - ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, OCEAN AVENUE WEST
The matter of second and final passage of an Ordinance amending Traffic, Section 51, Parking Prohibited, Ocean Avenue West, was then taken up. The Ordinance was adopted for second and final passage.
(#465) - ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, LORING AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Section 75, Resident Sticker Parking, Loring Avenue, was then taken up. The Ordinance was adopted for second and final passage.
(#470) - ORDINANCE AMENDING TRAFFIC, TOW ZONE, WILLSON STREET AND HIGHLAND AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Section 74, Tow Zone, Willson Street from Highland Avenue to High School rear access road, was then taken up. The Ordinance was adopted for second and final passage.
(#471) - ORDINANCE AMENDING TRAFFIC, TOW ZONE, JEFFERSON AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Section 74, Tow Zone, Jackson Street, was then taken up. The Ordinance was adopted for second and final passage.
(#472) - ORDINANCE AMENDING TRAFFIC, TOW ZONE, JACKSON STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 74, Tow Zone, Jackson Street, was then taken up. The Ordinance was adopted for second and final passage.
(#481A) - ORDINANCE AMENDING TRAFFIC, SCHEDULE OF FINES FOR PARKING AND TRAFFIC VIOLATIONS
The matter of second and final passage of an Ordinance amending Traffic, Section 17A, Schedule of fines, was then taken up.
Councillor Hayes stated that she is in receipt of a petition from Court employees and requested it be made part of the record. It was so voted.
Councillor Hayes amended to reduce from $15.00 to $10.00 for overtime meter and non-meter. The amendment was defeated by a roll call vote of 5 yeas, 5 nays, 1 absent. Councillors LaCava, Hayes, Flynn, Driscoll, and Lovely were recorded as voting in the affirmative. Councillors Sargent, O'Leary, O'Keefe, Harvey, and DeToma were recorded as voting in the negative. Councillor Furey was absent.
Councillor Sargent amended to reduce from $15.00 to $10.00 for the entire list. The amendment was defeated by a roll call vote of 4 yeas, 6 nays, 1 absent. Councillors Sargent, Hayes, Flynn, and Lovely were recorded as voting in the affirmative. Councillors O'Leary, O'Keefe, LaCava, Harvey, Driscoll, and DeToma were recorded as voting in the negative. Councillor Furey was absent.
Councillor Hayes moved that the matter be referred back to the Committee on Ordinances, Licenses, and Legal Affairs. It was so voted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, Hayes, Harvey, Flynn, Driscoll, and DeToma were recorded as voting in the affirmative. Councillors LaCava and Lovely were recorded as voting in the negative. Councillor Furey was absent.
Councillor Hayes moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
(#477A) - ORDINANCE AMENDING SALARY AND CLASSIFICATION, STIPEND, BOARD OF ASSESSORS CLERK
The matter of second and final passage of an Ordinance amending the Salary and Classification of certain non-union employees, inserting a stipend for the Clerk for the Board of Assessors, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O'Keefe, the meeting adjourned at 10:35 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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