A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 11, 2001 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 5, 2001 at 11:46 A.M.
All Councillors were present.
Council President Joan B. Lovely presided.
Councillor Flynn 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.
#648 - 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 permit be granted. It was so voted.
#649 - CONDUIT LOCATION ON SUMMER STREET BETWEEN NORMAN AND GEDNEY STREET
A hearing was held on the Order of NEES Communications for a conduit on Summer Street, between Norman and Gedney Street. Appearing in favor was a representative of NEES Communications. There was no one opposed. The hearing was closed. Councillor O'Leary amended that NEES consult with the City Engineer to schedule a date, but not during the month of October. It was so voted. The permit was granted as amended.
(#640) - EXTENDED HOURS OF OPERATION, DUNKIN DONUTS AT 272 HIGHLAND AVENUE
A hearing was held on the petition of Claudio Santos, owner of Dunkin Donuts at 272 Highland Avenue, to operate a business from 5:00 A.M. to 11:00 P.M. Appearing in favor was Mr. Claudio Santos, who asked to amend the hours to 5:00 A.M. to 9:00 P.M. There was no one opposed. The hearing was closed. Councillor O'Leary moved approval of the hours of 5:00 A.M. to 9:00 P.M. It was so voted. Councillors Sargent and O'Keefe were recorded as 'opposed'.
#651 - APPOINTMENT CONSTABLE
The Mayor's appointment of William J. Flynn as a constable for a term to expire October 11, 2002, was received and filed.
#652 - APPR. $175,000.00 TO PUBLIC SERVICES WATER INFRASTRUCTURE REPAIRS
The following Order, recommended by the Mayor, was adopted under suspension of the rules. Councillor Driscoll requested and received unanimous consent to suspend the rules to allow Mr. Stanley Bornstein, Director of Public Services, to speak.
ORDERED: That the sum of One Hundred Seventy-Five Thousand Dollars ($175,000.00) is hereby appropriated from the "Retained Earnings - Water" Account to the "Public Services - Infrastructure Repairs - Water" Account in accordance with the recommendation of His Honor the Mayor.
#653 - APPR. $2,155.00 TO CEMETERY BUILDING REPAIRS.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand One Hundred Fifty Five Dollars ($2,155.00) is hereby appropriated from the "Cemetery - Receipts Reserved - Sale of Lots" Account to the Cemetery - Building Repairs" Account in accordance with the recommendation of His Honor the Mayor.
#654 - RELEASE DEED FOR 21 VICTORY ROAD, VETERANS LOT, TO MICHAEL LEAHY
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
ORDERED: That the Mayor is hereby authorized to execute a Release Deed in consideration of One Dollar ($ 1. 00) granting to Michael J. Leahy, an Honorably Discharged Veteran of Salem, Essex County, all right title and interest of the City of Salem as more specifically described in a deed recorded at the Essex South Registry of Deeds in Book 4623, Page 206, in which the City of Salem was the Grantor and under which the City of Salem retained a right of entry, it being the intention of the City to waive any right of entry.
#655 - GRANT OF EASEMENT FOR LAND AT 22 VISTA AVENUE, FOR MCGRATH PARK
The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development, the Park and Recreation Commission, and the City Solicitor to report at the next meeting.
ORDERED: That the Mayor is hereby authorized to execute a Grant of Easement, for nominal consideration, going from the City of Salem (the "Grantor") to Christopher K. Alexandrou and Theano Alexandrou, their successors and assigns (the "Grantee") for the perpetual right and easement as appurtenant to the land of the Grantee at 22 Vista Avenue, Salem, Massachusetts to maintain, repair, reconstruct and replace the comer of the structure/wall supporting the in-ground pool which encroaches upon the land of the Grantor.
#656 - GRANT OF EASEMENT FOR LAND AT 8 WOODBURY COURT, FOR GONYEA PARK
The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development, the Park and Recreation Commission, and the City Solicitor to report at the next meeting.
ORDERED: That the Mayor is hereby authorized to execute a Grant of Easement, for nominal consideration, going from the City of Salem (the "Grantor") to John J. Cempellin, their successors and assigns (the "Grantee") for the perpetual right and easement for the continued encroachment of a 1 ½ story dwelling from the Cempellin Parcel at 8 Woodbury Court into the City Parcel at 41 North Street (Gonyea Park).
#657 - COMM. OF WHOLE MEET WITH M.B.T.A. REGARDING EXTENSION OF BLUE LINE
Councillor Flynn introduced the following Order, which was adopted.
Ordered: That the Director of Planning make a presentation to the Committee of the Whole regarding the expansion of the MBTA Station and the proposed extension of the Blue Line.
#658 - PUBLIC HEALTH, SAFETY & ENVIRONMENT MEET REGARDING FINE AT SALEM/BEVERLY WATER BOARD AND TRANSFER STATION
Councillor Harvey introduced the following Order:
ORDERED: that the Committee on Public Health, Safety and the Environment meet with the Salem/Beverly Water Board and the Superintendent to discuss the $5,000.00 fine issued against the Salem Beverly Water Board.
Councillor Harvey amended to include the transfer station issue and fines imposed. It was so voted.
The Order was amended so that it shall now read as follows:
ORDERED: that the Committee on Public Health, Safety and the Environment meet with the Salem/Beverly Water Board and the Superintendent to discuss the $5,000.00 fine issued against the Salem Beverly Water Board.
AND BE IT FURTHER ORDERED: That the issue of the Transfer Station fines also be discussed.
#659 - COMMITTEE OF WHOLE MEET TO DISCUSS PROPOSED SPECIAL LEGISLATION REGARDING RECALL PETITION
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the sub-committee for a Four-year term Mayor Recall, request a Committee of the Whole meeting to discuss recommendations by Assistant City solicitor, Mr. Gilbert, and the sub-committee, over recommendations made to possibly forward to the State Legislature for passage.
#660 - ORDINANCE AMENDING TAXI CAB FARES
Councillor Hayes introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
In the year two thousand an One
An Ordinance to amend an ordinance relative to taxicab fares
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 44, Section 38, Fares established, is hereby amended by adding the following:
Sec. 44-38. Fares established.
The following fares shall be the fares charged for taxicab use in the city:
Adult passengers: Each . . . Over two adults, each . . Senior citizens with I.D. (59 yrs. or older) Children: Under six years accompanied by an adult Six to 12 years accompanied by an adult Any child not accompanied by an adult Waiting time, per hour Parcels/baggage: Parcels: Each Senior citizens Baggage: One Each additional From Salem Willows to: Town House Square Salem Hospital End of Marlborough Road End of Highland Ave End of Loring Ave. Salem State College, So. Campus From end of Boston St. to: End of Lafayette St. From end of Bridge St. to: End of North St. End of Boston St. From end of North St. to: End of Lafayette St From Town House Square to: Salem Hospital |
$ 1.85 0.50
0.00 1.00 1.85 15.00
0.10 0.00
0.00 0.15
2.10 3.10 3.60 3.60 3.60 3.10
2.60
3.10 2.35
2.60
1.85
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Section 2. This Ordinance shall take effect as provided by City Charter.
#661 - ORDINANCES, LICENSES, AND LEGAL AFFAIRS DISCUSS VEHICLE FOR HIRE LICENSES
Councillor Hayes introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss increasing fees that the taxi companies charge their customers.
AND BE IT FURTHER ORDERED: That the Committee begin revising the Ordinance on Vehicles for Hire.
#662 - SPECIAL SPEED REGULATIONS-EAST COLLINS STREET, 25 MILES PER HOUR
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the City Council adopt the attached special Speed Regulation from the Massachusetts Highway Department, establishing a 25 mile per hour speed zone on East Collins Street.
#663 - MAYOR AND PLANNER UPDATE COUNCIL ON SALEM HARBOR PLAN
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the Mayor and the City Planner provide the City Council with monthly updates on the status of the implementation of the Harbor Plan.
#664 - DIRECTOR OF PUBLIC SERVICES HIRE CONTRACTOR TO PAVE GROVE STREET
Councillor Hayes introduced the following Order, which was adopted.
ORDERED: That the Director of Public Services hire a contractor to pave a section of Grove Street from #60 Grove Street to the intersection of Beaver Street, before the asphalt plants close for the winter.
#665 - INCREASE POLICE PATROLS IN WITCHCRAFT HEIGHTS FOR HALLOWEEN
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the Police Department increase patrols in the Witchcraft Heights area and throughout the City on Halloween.
#666 - ADMINISTRATION AND FINANCE MEET TO DISCUSS BUILDING MAINTENANCE OF PUBLIC SCHOOLS
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance meet with the members of the School Committee, Paul L'Heureux, and Paula Field, to discuss a long-term building maintenance program for school buildings.
#667 - ESTABLISHMENT OF DOG PARK AT MCCABE PARK
Councillor Hayes introduced the following Order, which was adopted.
ORDERED: That the City Council hereby requests that the Park and Recreation Commission consider the establishment of a dog park at McCabe Park on Kernwood Road.
AND BE IT FURTHER ORDERED: That the Park and Recreation Commission report back to the City Council within 30 days.
#668 - INVESTIGATE UNDERGROUND LAVATORY FACILITIES IN DOWNTOWN AREA
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Planning Department consider the feasibility of permanent underground lavatory facilities at key places like the ones used at Disney World and tourist cities, and report back to the Committee on Community and Economic Development by February 2002.
#669 - ORDINANCE - COPIES OF LEGAL NOTICES BE FORWARDED TO MEMBERS OF THE CITY COUNCIL AT THEIR HOME
Councillor Sargent 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 Departments, Boards and Commissions, Legal Notices.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Article 4, Chapter 2, Section 626, is hereby amended by adding the following:
"Any Legal Notice by any City Department, Board or Commission that is published in any newspaper, magazine or any other publication, shall also have a copy of that notice mailed to each City Councillor at their home address, and the City Clerk's Office.
The mailing of this Legal Notice shall take place on the same day that the Legal Notice is mailed, faxed or otherwise communicated to the newspaper, magazine, or publication in which it will appear.
Section 2. This Ordinance shall take effect as provided by City Charter.
#670 - GOVERNMENT SERVICES MEET TO DISCUSS COMMUNITY USE OF SCHOOL GYMNASIUMS
Councillor Sargent, in conjunction with Councillor Lovely, introduced the following Order, which was adopted.
ORDERED: That the Superintendent of Schools, School Committee, and the Principals of all public schools in Salem be invited to meet with the Committee on Government Services to discuss policies surrounding the community use of our school gymnasiums.
Councillor Flynn assumed the Chair for President Lovely.
#671 - PUBLIC HEALTH, SAFETY AND ENVIRONMENT MEET TO DISCUSS THE HIRING OF AN ENVIRONMENTAL CONSULTANT FOR AGGREGATE INDUSTRIES ISSUES
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety, and the Environment explore the hiring of an environmental consulting firm relative to environmental issues and concerns at Aggregate Industries on Robinson Road, and that the Swampscott Town Selectmen, Earth Removal Advisory Committee, Salem Board of Health, Swampscott Board of Health, Aggregate Industries, and all Councillors be invited to attend.
President Lovely resumed the Chair.
#672 - (#641) - TEMPORARY FORTUNETELLING STORE LICENSE FOR DIANA MCKANAS
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 a temporary Fortunetelling Store License for Diana McKanas for the month of October, has considered said matter and would recommend that it be granted.
#673 - 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, 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
Howard Dow, 13 Rainbow Terrace, Salem
TAG DAY
Salem State Men's Lacrosse, October 21, 26, 27, & 28, 2001
#654 - SERVICE DOGS (GUIDE DOGS) AND TAXI COMPANIES
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 issues regarding Taxi cab companies and Service/Guide Dogs has considered said matter and would recommend sending a copy of the A.D.A. guidelines with each license renewal granted by the City Council.
#675 - (#454) - RELEASE DEED FOR VETERANS LOT AT 21 VICTORY ROAD FOR MICHAEL J. LEAHY
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 approval of a release deed for 21 Victory Road has considered said matter and would recommend that the Order be sent back to the Mayor for clarification and revision of the wording.
#676 - (#598) - TEMPORARILY INCREASING NUMBER OF FORTUNETELLERS EMPLOYES BY FORTUNETELLING STORES FOR OCTOBER
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 increasing the number of Fortunetellers for three (3) Fortunetelling stores for the month of October has considered said matter and would recommend that the Council grant 10 additional licenses, making a total of 15, and that 5 may be used outside, and 10 be used inside.
#677 - (#680A of 2000) - ORDINANCE RELATIVE TO DUMPSTER PERMITS
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 an Ordinance amending Dumpsters has considered said matter and would recommend that the Ordinance be adopted.
#678 - number not used
#679 - (#630) - STUDY OF COMMUNITY PRESERVATION ACT
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 an Order to study the Community Preservation Act has considered said matter and would recommend that the matter be referred to the Finance Director, City Assessor, and City Planner to prepare a report to the Council consistent with the original order.
#680 - APPOINTMENT OF ACTING CITY PLANNER
Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillors Furey and O'Keefe were recorded as "opposed".
The Committee on Administration and Finance to whom was referred the appointment of the Acting City Planner for a 60-day appointment has considered said matter and would recommend that correspondence be forwarded to the Mayor, reminding him that temporary appointments need to be filed prior to their expiration.
#681 - JOINT POLE LOCATION ON LORING AVENUE
A hearing was ordered for October 25, 2001 on the petition of Verizon and Massachusetts Electric Company for a joint pole location on Loring Avenue.
#682 - #686 - LICENSE APPLICATIONS
The following License applications were referred to the Committee on Ordnances, Licenses, and Legal Affairs.
TAXI OPERATOR
Tilahum Tadesse, 54 Nahant St., Lynn
John Bedrossian, Jr., 11 Sevinor Road, Marblehead
LIMOUSINE
Mildred's Transportation, Inc., 201 Washington St., Salem (1)
TAG DAY
S.H.S. Basketball, January 19 and February 9, 2002
S.H.S. Men's Tennis, April 27, 2002
F.A.W.V. Post 10, May 9 and 10, 2002
#687 - CONSTABLE BOND
The following Constable Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
William J. Flynn, 3 Oakland Street, Salem
(#626) - (#520) MAYOR'S VETO OF ORDINANCE AMENDING DISPOSITION OF CITY-OWNED LAND, ABUTTERS NOTICES
The matter of the Mayor's Veto of an Ordinance amending the disposition of city-owned land, abutters notices, was then taken up. The Veto was overridden by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillor Sargent, O'Leary, LaCava, Hayes, Harvey, Furey, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors O'Keefe and Flynn were recorded as voting in the negative. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
(#627) - ORDINANCE AMENDING TRAFFIC, SEC. 50B, HANDICAP PARKING, 19 SUTTON AVENUE
The matter of second and final passage of Ordinance amending Traffic, Handicap Parking, #19 Sutton Avenue, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Flynn, the meeting adjourned at 9:20 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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