A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 27, 2003 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 21, 2003 at 12:48 P.M.
Councillor O’Keefe was absent.
Council President Thomas H. Furey Presided.
Councillor DeToma moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Furey requested that everyone please rise to recite the pledge of allegiance.
#179 – CONDUIT ON BURNSIDE STREET (CARLTON SCHOOL)
A hearing was held on the Order of Massachusetts Electric Company for a conduit location on Burnside Street, for the Carlton School Project. Appearing in favor was a representative of Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor Flynn moved that the permit be granted. It was so voted.
#180 – REAPPT. JOSEPH F. MURPHY TO BOARD OF ASSESSORS
The Mayor’s reappointment of Joseph F. Murphy to serve on the Board of Assessors for a term to expire February 1, 2006, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, Lovely, Harvey, Flynn, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Keefe and Driscoll were absent.
#181 – REAPPT. FRANK DiPAOLO AS ASSISTANT BUILDING INSPECTOR
The Mayor’s reappointment of Frank Di Paolo as Assistant Building Inspector, for a term to expire January 31, 2005, was confirmed by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative. Councillor O’Keefe was absent.
#181 – REAPPT. BRUCE GUY AS FINANCE DIRECTOR/AUDITOR
The Mayor’s reappointment of Bruce Guy as Finance Director/Auditor for a term to expire January 31, 2006, was confirmed by a roll call vote of 8 yeas, 1 nay, 2 absent. Councillors Sargent, Lovely, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative. Councillors O’Keefe and Harvey were absent.
#181 – REAPPT. BERNARD MARTINEAU, FLEET MANAGER AND ANNE BUSTEED, CITY TREASURER
The Mayor’s reappointment of Bernard Martineau as Fleet Manager, and Ms. Anne Busteed as City Treasurer, for a term to expire January 31, 2005, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, Lovely, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Keefe and Harvey were absent.
#182 – APPR. VARIOUS PUBLIC SERVICES ACCOUNTS FOR SNOW REMOVAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Hundred Thousand Dollars ($200,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the following “Public Services” Accounts:
Overtime $20,000.00
Vehicle Repair & Maintenance 15,000.00
Snow Removal 65,000.00
Salt 80,000.00
Sand 20,000.00
In accordance with the recommendation of His Honor the Mayor.
#183 – ORDINANCE AMENDING BUILDING CODE FEES AND INSPECTION
The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Building Code Fees
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 12, Section 12-2 (a) (3) f 1. and 2. are hereby amended by deleting this section in its entirety and inserting thereof the following:
f. Plumbing permit fees shall be in accordance with the following schedules:
(1) Residential:
New construction, $50.00 five fixtures, plus $20.00 per fixture over five
Remodel kitchen or bath, $40.00
One plumbing fixture, $20.00
Replacing pipes, water piping or waste piping, $20.00
Electric hot water tank, $25.00
Sprinkler work, $25.00
1-9D, $10.00
Reinspection fee for unacceptable work, $60.00
Deduct water meter, $10.00
Annual inspection of testable backflow prevention device, $25.00
Annual inspection of nontestable backflow prevention device, $20.00
Fine violation, $200.00
(2) Commercial/industrial:
New construction, $80.00 initial permit fixtures, plus $20.00 per fixture.
Existing buildings, $60.00, plus $20.00 per fixture
Reinspection for unaccepted work, $60.00 for each reinspection
Fine violation $200.00
Chapter 12, Section 12-2 (a) (3) g is hereby deleted in its entirety and inserted in place thereof is the following:
g. Gas permit fees shall be in accordance with the following schedule:
1. Residential (One and Two Family Dwellings Only):
New construction, $50.00, plus $5.00 for each fixture
Remodeling/repairs, $25.00
Hot water tank, $35.00
Boilers, $35.00
1-9D, $10.00
Piping only, $25.00
Gas dryer, $30.00
Gas log, $30.00
Furnace, $35.00
Ranges, $30.00
Tests, $20.00
Reinspection for unaccepted work, $60.00
Fine violation, $200.00
2. Commercial/Industrial/Multi-Family Dwellings
Initial permit, $60.00, plus $25.00 each additional fixture
Piping only, $250.00
Reinspection for unaccepted work, $60.00 for each reinspection.
Fine violation, $200.00
Section II. This Ordinance shall take effect as provided by City Charter.
#184 – APPR. GOLF COURSE EQUIPMENT
The following Order, recommended by the Mayor, was received after the deadline of Tuesday Noon. Councillor DeToma requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Nine Thousand Five Hundred Forty-Three Dollars and ninety cents ($9,543.90) is hereby appropriated from the “Receipts Reserved Golf Course” Account to the “Golf Course Equipment” Account in accordance with the recommendation of His Honor the Mayor.
#185 – PARK & RECREATION NEWSLETTER
The Park and Recreation Newsletter for February and March, 2003, was received and filed.
#186 – ORDINANCE CREATING A FIRE SERVICE FEE
Councillor Bencal introduced the following Ordinance. Councillor Bencal moved to waive the reading. It was so voted. Councillor Bencal moved that the Ordinance be referred to the Committee on Ordinances, Licenses, and Legal Affairs. It was so voted.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Fees, Fire Service Fee
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14 is hereby amended by adding the following:
Section 46. Fire Service Fees
A fee of two hundred fifty dollars ($250.00) shall be charged to the owner of record for property to which a fire alarm response is made.
The Fire Chief, or his designee, shall notify the City Collector within seven (7) business days that a fire alarm response was made to a particular address. The City Collector shall then notify the property owner that this “Fire Service Fee” is due and payable within thirty (30) days. Should the assessed property owner fail to pay this fee in a timely manner, and after demand therefore, the City Collector or their designee shall seek a complaint in District Court against the property owner and/or their representative.
However, a property owner shall not be charged this fee until the sum of the fire service fees assessed during the Fiscal Year exceeds the amount paid in the current fiscal year’s real estate property taxes and/or payments made to the City of Salem in lieu of taxes. However, no such fee shall be charged to any property owner and/or their representative.
Additionally, the City Treasurer shall deposit all funds received as a result of this Ordinance in a separate interest bearing account. All funds, including any accrued interest, shall be used for the exclusive purpose of purchasing and maintaining public safety equipment to be used by personnel in the police and fire departments. Funds from this account may also be used to maintain staffing for police officers and/or firefighters.
Section 2. This Ordinance shall take effect as provided by City Charter.
#187 – USE OF INDOOR PYROTECHNICS BE REVIEWED BY PUBLIC HEALTH, SAFETY AND ENVIRONMENT COMMITTEE
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss with the Fire Department the need for an Ordinance relating to indoor pyrotechnics.
#188 – COMMITTEE OF THE WHOLE MEET WITH P.G. & E. TO DISCUSS ISSUES OF MUTUAL CONCERN
Councillor Harvey introduced the following Order, on behalf of Council President Furey, which was adopted. Councillor Sargent was recorded as voting present.
ORDERED: That the attached letter from Michael Fitzgerald from P.G. & E, requesting a meeting with the City Council, be referred to the Committee of the Whole, and that the Council President schedule a meeting as soon as possible.
#189 – AMBULANCE SERVICE RESPONSE TIME, GOVERNMENT SERVICES MEET WITH PUBLIC SAFETY OFFICIALS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Police Chief, the Fire Chief, or their representatives, as well as a representative of North Shore Ambulance, be invited to appear before the Committee on Government Services regarding ambulance response times, as well as the failure of ambulances to respond to emergency situations.
#190 – YOUTH COMMISSION BE ESTABLISHED
Councillor Driscoll introduced the following Order, which was referred to the Committee on Community and Economic Development.
ORDERED: That the City of Salem re-establish the City’s Youth Commission, and include representatives of the several non-profit agencies serving at-risk youth on any such Commission, and representatives of the Y.M.C.A., Boys and Girls Club, Gables Settlement House, Salem Harbor CDC, and the Park and Recreation Director be invited to attend.
#191 – EXCLUSION OF HEAVY VEHICLES FROM MARLBOROUGH ROAD BE ENFORCED, AND POTHOLE WARNING SIGNS BE PLACED AS WELL
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division enforce the “Heavy Vehicles Excluded” provision on Marlborough Road, and that the Traffic Division insure the posting of the required signage on Marlborough Road, from the Peabody Line to Highland Avenue.
AND BE IT FURTHER ORDERED: That the Traffic Division install signs on Marlborough Road, warning all vehicular traffic of potholes in the road, and drivers should proceed with caution. Said signs should be placed for the benefit of drivers heading in both directions on Marlborough Road.
#192 – MUNICIPAL MARINA STATUS BE DISCUSSED BY GOVERNMENT SERVICES COMMITTEE
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the members of the Marina Advisory Committee, the Harbormaster, and the Park and Recreation Commission be invited to appear before the Committee on Government Services regarding the status of the City’s progress in setting up a municipally run slip marina. Also invited shall be Mr. Craig Burnham, who has offered to provide his expertise regarding construction of this marina.
#193 – GRANTING CERTAIN 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.
TAG DAY SHS French & Spanish Club, March 15, 22, 29 & Apr. 12
Salem Little League, May 3 & June 14
TAXI OPERATOR George Cady, 11 Arthur St., Salem
Peter Campbell, 12 Green St., Marblehead
Arthur P. Gongas, 106 Collins St., Danvers
Alexi Infante, 42 Washington St., Peabody
Elizabeth Mullen, 55 Flint St., Lynn
Jesus Urena, 12 Pope St., Salem
TAXICAB/LIMO Tri-City Services, Inc., 55R Walnut St. Peabody
(2 Taxi, 2 Limo)
Family Car Service co., 289 Derby St., Salem
(1 Taxi, 5 Limo)
SECOND HAND
VALUABLE Rich’s Second Hand Store, 94 Boston St., Salem
#194 – (#128) – (#146) – (#145) – USE OF SALEM COMMON
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 the following requests to use the Salem Common, has considered said matter and would recommend that the following be approved.
Cape Ann Waldorf School, May Fair, May 17, 2203
(raindate May 18, 2003)
Michael Burns, Wedding, July 26, 2003
Wesley Methodist Church, Palm Sunday Service, April 13, 2003
#195 – (#143) – (#144) – (#147) – ROAD RACES-WALK A THONS
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of the request to use city streets for road races and walk-a-thons has considered said matter and would recommend that the following be granted:
Phoenix School, Annual Fun Run, May 4, 2003
Y.M.C.A. Triathlon, August 10, 2003
Women’s Health Center Walk-a-thon, June 28, 2003
#196 – (#121) – AN ACT RELATIVE TO PROPERTY TAX AGREEMENT FOR THE SALEM HARBOR POWER STATION (P.G. & E.)
Councillor Driscoll offered the following report for the Committee on Community and Economic Development. It was voted to accept the report.
Councillor Sargent left the chamber due to a conflict of interest.
The Committee on Community and Economic Development to whom was referred an Act relative to the property tax agreement for the Salem Harbor Station, has considered said matter and would recommend that the agreement be referred to the full Council without a recommendation.
Councillor Flynn moved approval of the Act. It was so voted by a roll call vote of 8 yeas, 2 present, 1 absent. Councillors O’Leary, O’Keefe, Lovely, Flynn, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors Harvey and Driscoll were recorded as voting present. Councillor Sargent was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#197 – (#772 of 2002) – REZONING OF LAND LOCATED AT 209 HIGHLAND AVE. TO R-3 (CORCORAN PROPERTY)
Councillor Driscoll offered the following report for the Committee on Community and Economic Development. It was voted by accept the report and adopt the recommendation for first passage by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
The Ordinance reads as follows:
(#772 of 2002) – ORDINANCE - REZONING OF LAND LOCATED AT 209 HIGHLAND AVE TO R-3
In the year two thousand and three
An Ordinance to amend an Ordinance relative to a Zoning Map change.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. The City of Salem Zoning Map, dated August 27, 1965, as amended, shall be further amended by setting forth thereon the boundaries of an area in Ward Three in Salem, to be changed from B-2 to R-3, bound and described as follows:
A certain parcel of land situated in the City of Salem, Essex County, Commonwealth of Massachusetts, bounded and described as follows:
Beginning at a point at the most northwesterly corner of the parcel at a point on the southwesterly sideline of First Street, Said point being distant N 37°39’20” W, a distance of 366.39 feet from the intersection of the southeasterly sideline of Highland Avenue with the southwesterly sideline of First Street;
Thence running S 37°39’20” E, a distance of 627.66 feet along the southwesterly sideline of First Street to a point on the northwesterly boundary line of land now or formerly of Pequot Association;
Thence turning and running S 60°06’57” W, along said northwesterly boundary line of land now or formerly of the Pequot Association, a distance of 378.41 feet to a point;
Thence turning and running N~37°39’20” W, along the northeasterly boundary line of land now or formerly of The Second Pickwick Trust, a distance of 481.69 feet to a point;
Thence turning and running N 16°~55’21” E, a distance of 116.08 feet to a point;
Thence turning and running N 52°12’18” E, a distance of 261.97 feet to a point;
Thence turning and running N 03°17’10” W, a distance of 32.56 feet to the point of beginning;
Containing an area of 212,592 square feet or 4.880 acres as shown on a plan entitled “Hawthorne Commons II, Salem, Mass., Revised Zone Lines and Property Lines” dated October 31, 2002, prepared by H.W. Moore Associates, Inc.
Section 2. This Ordinance shall take effect as provided by City Charter.
#198 – (#119) – (#120) – APPR. CEMETERY BURIAL AND WINTER ISLAND OIL AND GAS
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the following appropriations from Receipts Reserved Accounts: $3,000.00 from Golf Course Receipts to Winter Island Oil & Gas; and $3,600.00 from Cemetery Receipts to Cemetery Burial has considered said matter and would recommend approval.
#199 – (#727) – DECLARE FIRE DEPARTMENT VAN SURPLUS PROPERTY
Councillor DeToma 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 request from the Fire Chief to declare a van surplus equipment has considered said matter and would recommend approval.
#200 – (#77) – PARTNERSHIP SEEKING FUNDING FROM PARK & RECREATION COMMISSION
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the issue of a request from the Salem Partnership for additional funding for the Friendship has considered said matter and would recommend that no further action is required.
#201 – (#68) – (#117) – (#118) – APPR. PUBLIC PROPERTY BUILDING MAINTENANCE; HUMAN RESOURCES UNEMPLOYMENT; PUBLIC PROPERTY OIL HEAT
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the following appropriations from Free Cash: $20,000.00 to Public Property Oil Heat; $10,000.00 to Public Property Building Maintenance; and $125,000.00 to Human Resources Unemployment Account has considered said matter and would recommend approval.
#202 – (#711) – INCREASE PARKING FEES FOR GARAGE AND CHURCH ST. LOT
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Sargent, O’Keefe, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Leary, Lovely, and Harvey were recorded as voting in the negative.
Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Administration and Finance to whom was referred a schedule of fees for the Parking Garage and the Church Street lot, has considered said matter and would recommend that the Order be adopted with the following Committee amendments:
Increase M.B.T.A. Parking lot honor board fees to $2.00
Add: Yearly pass Senior Citizen Resident $150.00
Monthly pass Senior Citizen Resident $20.00
20 Stamps Senior Citizen Resident $15.00
#203 – (#901) – TRANS. PARKING DEPARTMENT BUILDING EQUIPMENT
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of a transfer of $5,098.12 from Parking Department Seasonal Labor to Parking Department Building and Equipment has considered said matter and would recommend approval.
#204 – (#67) – BOND ORDER – APPR. $12,000,000.00 FOR WATER SYSTEM INFRASTRUCTURE IMPROVEMENTS
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report.
The Committee on Administration and Finance to whom was referred a Bond Order of $12,000,000.00 for various water system infrastructure improvements has considered said matter and would recommend approval.
Councillor Harvey amended to reduce the Bond Order to $10,000,000.00. The amendment was defeated by a roll call vote of 6 yeas, 5 nays, 0 absent. (2/3 vote required). Councillors Lovely, Harvey, Driscoll, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors Sargent, O’Leary, O’Keefe, Flynn, and DeToma were recorded as voting in the negative.
Councillor O’Leary moved adoption of the recommendation. It was so voted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Sargent, O’Leary, O’Keefe, Harvey, Flynn, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors Lovely, Driscoll, and DeToma were recorded as voting in the negative.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#205 – CONDUIT LOCATION ON OSGOOD STREET
A hearing was ordered for March 13, 2003 on the petition of Massachusetts Electric Company for conduits on Osgood Street.
#206 - # 209 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAG DAY SHS Baseball, April 19, 2003 and May 17, 2003
SHS Girls Track Team, May 31, 2003
TAXI OPERATOR Carlos Costa, 105 Wordsworth St., East Boston
Philip Crampe, 14 Carter Road, Lynnfield
Osawe Osawry, 10B May St., Salem
PUBLIC GUIDE Barbara Dempsey-West, 181 North St., Salem
Sabin Densmore, 40 Stone St., Beverly
Rebecca McBee, 140 Walnut St., Wellesley
Ann Roman, 82 Cedar Park, Melrose
Dr. Marlayne Schmidt, 8 Iverson Road, Beverly
Erica Waike, 100 High Street, Topsfield
#210 - #211 – DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS
The following Drainlayer/Contract Operator license applications were granted.
R.B. Strong Excavating, 122 Western Avenue, Gloucester
#212 - #214 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Christine LaFleur, 285 Massachusetts Ave., Arlington
Karen Maccario, 10 Vista Avenue, Salem
Azriel Shiloh, 55 Foster Road, Swampscott
(#136A) – ORDINANCE AMENDING USE OF THE SALEM COMMON, PERMITS FOR USE BE PLACED UNDER JURISDICTION OF PARK & RECREATION COMMISSION
The matter of second and final passage of an Ordinance amending the use of the Salem Common, permits being placed under the jurisdiction of the Park and Recreation Commission, was then taken up. The Ordinance was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
(#129) – ORDINANCE AMENDING TRAFFIC, STOP SIGNS, SARGENT ST, AND LIBERTY HILL AVE.
The matter of second and final passage of an Ordinance amending Traffic, Section 49, Stop Sign, on Sargent Street and Liberty Hill Avenue, was then taken up. The Ordinance was adopted for second and final passage.
(#124) – ORDINANCE AMENDING TRAFFIC, STOP SIGN, ESSEX STREET AT WASHINGTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 49, Stop Sign on Essex Street at Washington Street, was then taken up. The Ordinance was adopted for second and final passage.
(#126) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING ON NORTHEY ST., AND PARKING PROHIBITED ON BRIDGE STREET.
The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking on Northey Street, and Section 51B, Thirty Minute parking on Bridge Street, was then taken up.
Councillor Harvey moved to divide the question. It was so voted.
The matter of Bridge Street was referred to the Committee on Public Health, Safety and the Environment.
The matter of Northey Street, was adopted for second and final passage.
On the motion of Councillor Harvey, the meeting adjourned at 9:15 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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