A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 13, 2002 at 7:35 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 7, 2002 at 12:23 P.M.
Councillor Driscoll was absent.
Council President Regina R. Flynn presided.
Councillor Lovely moved to dispense with the reading of the record of the previous meeting. It was so voted.
#406 – A.T.& T. BROADBAND CONDUIT ON LIBERTY STREET
A hearing was held on the Order of A.T. & T. Broadband for a conduit location on Liberty Street. Appearing in favor was the owner of 278-282 Derby Street, who was requesting the conduit to connect to Broadband service. There was no one opposed. The hearing was closed. Councillor Chuber moved approval. It was so voted.
#407 – APPT. IRMA T. QUIROGA TO COUNCIL ON AGING
The Mayor’s appointment of Irma T. Quiroga to serve as a member of the Council on Aging for a term to expire October 1, 2004, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, DeToma, Furey, Harvey, Lovely, O’Keefe, O’Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillor Driscoll was absent.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow Mrs. Quiroga to speak.
#408 - #410 – REAPPT. CONSTABLES
The Mayor’s reappointment of the following Constables was received and filed.
Kenneth Arsenault, 59 Jefferson St., Lawrence, term exp. June 12, 2005
Richard D. Cornacchini, 96 Light St., Lynn, term exp. June 24, 2005
George T. Hoxha, 52 Highland Avenue, Salem, term exp. June 5, 2005
#411 – APPR. WATER INFRASTRUCTURE REPAIRS (SECURITY OF CITY WATER SUPPLY
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the City Council hereby declares the following Order regarding an appropriation of One Hundred Fifty Thousand Dollars ($150,000.00) for the purpose of securing the Salem Water Supply and in accordance with a vote of the City Council taken on May 30, 2002, authorizing the Director of Public Works to expend up to $150,000.00 to procure fencing and other necessary security measures for the protection of our public water supply, as an emergency involving the health, safety, and welfare of the people and as such, said Order or appropriation shall be allowed to receive final and full passage.
ORDERED: That the sum of One Hundred Fifty Thousand Dollars 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.
#412 – APPR. HARBORMASTER EQUIPMENT
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirty-One Thousand Seven Hundred Twenty-Five Dollars ($31,725.00) is hereby appropriated from the “Harbormaster Receipts Reserved” Account to the “Harbormaster Equipment” Account in accordance with the recommendation of His Honor the Mayor.
#413 – APPR. CEMETERY BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twelve Thousand Six Hundred Dollars ($12,600.00) is hereby appropriated from the “Receipts Reserved Cemetery Sale of Lots” Account to the “Cemetery Burial” Account in accordance with the recommendation of His Honor the Mayor.
#414 – ORDINANCE AMENDING WATER RATES, EFF. JULY 1, 2002
The following Ordinance, recommended by the Mayor, was referred to the Committee on Administration and Finance.
In the year two thousand and two
An Ordinance to amend an Ordinance relative to water rates and charges.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Section 66, Division 2, Rates and Charges, is hereby amended by deleting under Sec. 46-66 Schedule, subsection (b) items (1) and (2) and inserting in place thereof the following to be effective July 1, 2002:
(1) Residential, per 100 cubic feet…………$1.93
(2) Nonresidential, per 100 cubic feet…… $2.63
Section 2. Chapter 46, Section 66, Division 2, Rates and Charges is hereby further amended by deleting under Sec. 46-66 Schedule, subsection (d).
Section 3. This Ordinance shall take effect as provided by City Charter.
#415 – ORDINANCE AMENDING SEWER USE CHARGES
The following Ordinance, recommended by the Mayor, was referred to the Committee on Administration and Finance.
In the year two thousand and two
An Ordinance to amend an Ordinance relative to sewer use charges
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Article III, Sewers, Drains and Sewage Disposal, Division 4, Assessments, is hereby amended by deleting under Sec. 46-230 Sewer Use Charges, subsections © and (d) and inserting in place thereof the following:
(c) The rates for sewer use charges shall be as follows:
Residential…………………………………….$3.70
Nonresidential
Up to 25,000 cu. ft. per month……..…… $5.60
25,000 cu. ft. and greater per month……$7.17
(d) The rate for all sewer use charges as set out in subsection © of this section shall be effective July 1, 2002.
Section 3. This Ordinance shall take effect as provided by City Charter.
#416 – FORMATION OF CITY HALL RESTORATION AD-HOC COMMITTEE
A communication from the Mayor, advising the Council of the formation of the City Hall Restoration Ad-Hoc Committee, was received and filed.
#417 – DONATIONS OF LITHOGRAPH, DRAPERIES, AND CLEANING SERVICE AS PART OF CITY HALL RESTORATION EFFORT
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the City of Salem hereby accepts the following goods and/or services being donated in conjunction with the City Hall Restoration effort:
DONOR ESTIMATED VALUE
Stephanie’s Stitchery & Stephanie Julien
Essex Street, Salem
Drapery Material $2,000.00
Kensington Stobart Gallery
18 Washington Square, Salem
Stobart Lithograph to be hung in
First floor hallway at
City Hall $1,500.00
Vincent Lombardi Complete Cleaning Services
2 Arthur Street, Salem
Interior and Exterior Window Cleaning $2,000.00
#418 – ESTABLISHMENT OF NEW RECEIVERSHIP PROGRAM FOR CHRONIC NEGLECTED PROPERTIES
A communication from the Mayor, announcing the establishment of a new Receivership Program for chronic neglected properties, was received and filed.
#419 – AFFORDABLE HOUSING REQUEST FOR SPECIAL LEGISLATION, FOR UNITS AT VARIOUS HOUSING COMPLEXES
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the possibility of a Home Rule Petition to help the residents of Loring Towers, Pequot Highlands, Fairweather Apartments, Home Health and Educational House (Essex Street across the street from Choate Monument and Coopers Garage) and Salem Heights and the Assistant City Solicitor Mr. Gilbert and the tenants’ associations should be invited.
#420 – WATER METER BE INSTALLED AT GOLF COURSE AND FINANCE COMMITTEE MEET TO DISCUSS MATTER
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That a meter be placed at the Golf Course if there isn’t one, and that the charge be paid by the receipts from the Golf Course.
AND BE IT FURTHER ORDERED: That a meeting of the Committee on Finance take place after the budget is completed.
#421 – ORDINANCE AMENIDNG TRAFFIC, TOW ZONE, JEFFERSON AVE.
Councillor Lovely introduced the following Order, which was adopted for first passage.
In the year two thousand and two
An Ordinance to amend an Ordinance relative to Traffic, Tow Zone
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 74, General Prohibitions, Tow Zone, is hereby amended by adding the following:
Jefferson Avenue, easterly side, beginning at Colonial Road, for a distance of .5 miles, in a southerly direction, to the end of Margin Street. No Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#422 – ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, DERBY STREET AND UNION STREET
Councillor Chuber introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and two
An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 51B, Parking Prohibited at certain times on certain streets, is hereby amended by adding the following:
Derby Street, in front of #281 Derby Street for a distance of forty-four (44) feet, Thirty minute parking, 6:00 A.M. to 8:00 P.M.
Derby Street, in front of #283 Derby Street for a distance of seventy-eight (78) feet, Thirty minute parking, 6:00 A.M. to 8:00 P.M.
Derby Street, in front of #282 Derby Street for a distance of sixty (60) feet. Thirty minute parking.
Union Street, on the easterly side, from Derby Street to the Pickering Wharf property line. Two (2) hour parking
Section 2. This Ordinance shall take effect as provided by City Charter.
#423 – ADMINISTRATION AND FINANCE MEET TO DISCUSS TRANSFER STATION AND DUMPSTER/BARRELL PICK-UP ISSUES
Councillor Lovely introduced the following Order:
ORDERED: That the Mayor, Mayor’s Chief of Staff, Park and Recreation Director, DPW Director, and City Solicitor be invited to meet with the Committee on Administration and Finance to review and address the trash pick-up problem at Salem Willows, and further that a review and comparison of the Solid Waste Services Agreement and Indenture of Lease of Transfer Station occur for clarification of services rendered by said contract.
Councillor Harvey amended that Northside Carting be invited to attend the meeting and that they provide a map of all locations for pickup of barrels and dumpsters, indicating the size of said barrels and dumpsters. It was so voted.
Councillor Bencal requested and received unanimous consent to suspend the rules to allow Mr. Thomas Philbin, the Mayor’s Chief Administrative Aide, to speak.
The Order was adopted as amended, so that it shall now read as follows:
ORDERED: That the Mayor, Mayor’s Chief of Staff, Park and Recreation Director, DPW Director, and City Solicitor be invited to meet with the Committee on Administration and Finance to review and address the trash pick-up problem at Salem Willows, and further that a review and comparison of the Solid Waste Services Agreement and Indenture of Lease of Transfer Station occur for clarification of services rendered by said contract.
AND BE IT FURTHER ORDERED: that Northside Carting be invited to attend the meeting and that they provide a map of all locations for pickup of barrels and dumpsters, indicating the size of said barrels and dumpsters.
#424 – ELECTRICIAN INVESTIGATE PEDESTRIAN CROSSING LIGHTS AT INTERSECTION OF LAFAYETTE STREET AND HARBOR STREET
Councillor Chuber introduced the following Order.
ORDERED: That the City Electrician investigate the feasibility of installing pedestrian crossing lights at the intersection of Lafayette Street and Harbor Street, and report back to the City Council within thirty (30) days, with the cost analysis associated with this installation.
Councillor Harvey amended that the Electrician report within 2 weeks and that he also submit a request for appropriation at that time. It was so voted.
The Order was adopted as amended so that it shall now read as follows:
ORDERED: That the City Electrician investigate the feasibility of installing pedestrian crossing lights at the intersection of Lafayette Street and Harbor Street, and report back to the City Council within 2 weeks with the cost analysis and a request for an appropriation for the installation of these lights.
#425 – RESOLUTION – SUPPORT OF TAKE BACK OF CERTAIN ELECTRONIC PRODUCTS AND COMPUTERS BY MANUFACTURERS
Councillor Chuber introduced the following Resolution, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, DeToma, Furey, Harvey, Lovely, O’Keefe, O’Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillor Driscoll was absent.
RESOLUTION SUPPORTING PRODUCER TAKE BACK OF CATHODE RAY TUBES, ELECTRONICS, & HOUSEHOLD HAZARDOUS PRODUCTS
WHEREAS, discarded electronic products, including computer monitors, televisions, computers and others, are an increasing problem for Massachusetts cities & towns, who have to deal with more than 75,000 tons of electronic waste each year, which is expected to increase to 300,000 tons each year by 2005; and
WHEREAS, discarded electronic products contain lead, cadmium, mercury, hexavalent chromium, polyvinyl chloride, brominated flame retardant and other toxic materials that can pose hazards to human health and the environment when landfilled or incinerated; and
WHEREAS, the Commonwealth of Massachusetts, on April 1, 2000, because of the toxicity of this waste, prohibited the disposal of discarded cathode ray tubes (CRT’s), such as those found in televisions and computer monitors, in municipal landfills or incinerators, which has increased local government costs for recycling discarded CRT’s; and,
WHEREAS, Massachusetts residents generate an estimated 6 pounds per year of household hazardous products, such as paint, septic cleaners, pesticides, fingernail polish, and shoe polish, and Massachusetts cities & towns spend thousands of dollars each year for collection events to divert these household hazardous products from disposal; and
WHEREAS, the costs incurred by Massachusetts cities and towns for disposal of products that contain toxics and are not easily recyclable, particularly electronic products and household hazardous products, are in effect unfounded mandates imposed by the producers of such products on local taxpayers; which takes funds away from other needed local government programs, such as schools, fire protection, emergency services, and police; and
WHEREAS. The Massachusetts Beyond 2000 Solid Waste Master Plan adopted December 20, 2000, commits the Executive Office of Environmental Affairs to develop a Product Stewardship policy that will encourage or require produc3ers to take greater responsibility for the costs of disposing of their discarded products, but this needed state policy has not yet been adopted; and
WHEREAS, Producer Take Back requirements, which have been adopted in many countries across the world, will shift the burden of disposal costs for electronic and household products from local taxpayers back to the producers, internalizing these costs and giving a market incentive to design products that are durable, less toxic and recyclable; and
NOW, THEREFORE, BE IT RESOVED, that the City Council of the City of Salem:
1. Calls on its State Representative and State Senator to support passage of H-4716, An act to require manufacturers to take back used cathode ray tubes; and
2. Calls on the Legislature to develop and support legislation to require Producer Take Back for all consumer electronics products, computers, and household hazardous products; and
3. Calls on Governor Jane Swift to support H-4716, to support Producer Take Back legislation for consumer electronics products, computers, and household hazardous products, to adopt a statewide Producer Take Back policy, and to adopt statewide procurement guidelines to require vendors who provide products to state and local government to take back discarded electronics and household hazardous products.
#426 – ORDINANCE AMENDING SALARY OF MAYOR, REDUCE TO $80,000.00, EFFECTIVE JULY 1, 2002
Councillor O’Leary introduced the following Ordinance, which was adopted for first passage by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Chuber, DeToma, Harvey, Lovely, O’Keefe, O’Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative. Councillor Driscoll was absent.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
In the year two thousand and two
An Ordinance to amend an Ordinance relative to the Salary of the Mayor
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Division 2, of the Salem Code of Ordinances, Section 2-142, Compensation, is hereby amended by deleting the following under subsection (a):
(a) Effective January 1, 2001, the mayor shall receive the sum of $80,000.00 per annum for his services. Effective January 1, 2002, the mayor shall receive the sum of $85,000.00 per annum for his services.
And inserting in place thereof, the following:
Section 2-142. Compensation
(a) Effective July 1, 2002, the Mayor shall receive the sum of $80,000.00 per annum for his services.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O’Leary assumed the Chair for President Flynn.
#427 – SAFER TRAFFIC PATTERNS BE STUDIED FOR STREETS OFF BRIDGE STREET
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the Planning Department appoint a Planner to work with Captain Callahan of the Police Department to look at the present configuration of streets off Bridge Street to determine if there is a safer sequencing of one-way streets to prohibit speed cut-through traffic.
President Flynn resumed the Chair.
#428 – (#351) - GOLF COURSE EXPANSION, ESTABLISHMENT OF FACT FINDING COMMITTEE
Councillor Flynn offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation. Councillor DeToma was recorded as voting ‘opposed’.
The Committee of the Whole to whom was referred the matter of the Golf Course expansion study has considered said matter and would recommend:
A fact finding Committee study the future of the Salem Municipal Golf Course and Salem Woods be appointed by the Council President, composed of:
3 Members of the Friends of Salem Woods
3 Members of the Golf Community
3 Members of the Park and Recreation Commission
1 Representative of the Planning Department
3 City Councillors including the Ward 3 Councillor
1 Representative of the School Department
3 Members of the Conservation Commission
Said Committee to report back to the City Council with their findings by October 31, 2002. The City shall not incur any costs associated with this committee and study.
#429 – GRANTING LICENSES
Councillor O’Keefe 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.
FORTUNETELLING STORE
The Magic Parlor, 213 Essex St., (add 1 employee) Charles Bishara, 48 Duncan St., Everett
TAG DAY
S.H.S. Gymnastics, November 16, 2002
TAXI OPERATOR
Newri Garcia, 6 Ray St., Peabody
Coy Juvelis, 21 Symonds St., Salem
William Leslie, 69 North Common St., Lynn
John Skalkos, 74 Standish Rd., Lynn
Juan B. Valez, 31 Ward St., Salem
James West, 17 Franklin St., Lynn
ORAL REPORT – GOVERNMENT SERVICES – MARLBOROUGH RD. ISSUES
Councillor Furey gave an oral report of a Government Services Committee meeting regarding issues surrounding Marlborough Road.
#430 – (#354) – ONE HOUR PARKING ON ESSEX STREET, 60 DAY TRIAL PERIOD
Councillor Furey 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 creating a 60-day trial for short term (1 hour) parking on the right side (south side) of Essex Street from Summer Street to Washington Street has considered said matter and would recommend approval.
#431 – (#231) – RESIDENT STICKER PARKING ON OAK STREET
Councillor Furey 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 an Ordinance regarding Resident Parking on Oak Street, has considered said matter and would recommend adoption for first passage.
#432 – GAS MAIN LOCATIONS ON BEDFORD AND PURCHASE STREETS
The request of Keyspan to extend Gas Mains on Bedford Street and Purchase Street, was granted.
#433 - #436 – REQUESTS TO USE SALEM COMMON
The following requests to use the Salem Common for various activities were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Y.M.C.A. for Boot Camp, July 8 – August 13
Iglesia Pentecostal Nazareth Church, Religious Event, July 19 and 20
Salem Heritage Days Committee, Heritage Days, August 11 – August 17
Sally DeAngelis, Wedding, October 5, 2002
#437 - #439 – BLOCK PARTIES
The following requests for Block Parties were granted.
Beaver St. residents, July 4, 2002, raindate of July 5, 2002
Buchanan Road residents, July 3, 2002
Butler Street residents, July 4, 2002, raindate of July 5, 2002
#440 - #441 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAXI OPERATOR
Brian J. Kehoe, 431 Cabot St., Beverly
David Reed, 464 Western Avenue, Lynn
Santo Santana, 12 Prince St. Place, Salem
Jacgp E. Campuzano, 260 Washington Street, Salem
Pam Lawry, 173 Lafayette Street, Salem
PUBLIC GUIDE
Leah A. Schmidt, 640 Revere Beach Blvd., Revere
#442 – HAUNTED HEARSE TOURS VEHICLE FOR HIRE
The vehicle for hire application of Mass. Hysteria Haunted Hearse Tour, was received after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
Councillor O’Keefe moved that the application be referred to the Committee on Ordinances, Licenses, and Legal Affairs. It was so voted.
#443 - #446 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator Licenses were granted.
Technical Drilling Services, Inc., 2 Peter Dr., Sterling, MA
Murphy Brothers, Inc., 3150 5th Avenue, East Moline, IL
#447 - #448 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Atty. Jennifer L. Tate for Charles A. Potter, 314 Essex Street, Salem
Robert Howe, 13 March Street, Salem
#449 - #452 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
DRAINLAYER
Technical Drilling Service, Inc., 2 Peter Drive, Sterling, MA
Murphy Brothers, Inc., 3150 5th Avenue, East Moline, IL
CONSTABLE
Kenneth E. Arsenault, 59 Jefferson Street, Lawrence
Richard D. Cornacchini, 96 Light Street, Lynn
On the motion of Councillor Lovely, the meeting adjourned at 8:55 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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