A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 13, 2003 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 7, 2003 at 11:52 A.M.
Absent were Councillors Harvey, Driscoll, and O’Keefe. Councillor Harvey was home recuperating from surgery, Councillor O’Keefe was at a Conservation Commission meeting and would be arriving shortly, and Councillor Driscoll was late and would arrive shortly.
Council President Thomas H. Furey presided.
Councillor Bencal 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.
(#243) – EXECUTIVE SESSION TO DISCUSS LITIGATION SETTLEMENT
Councillor Bencal moved to take out of order, under Communications from City Officials, the request of Attorney John Keenan, City Solicitor, to hold an Executive Session to report a litigation settlement regarding Hawkes vs. City of Salem. It was so voted.
Councillor O’Leary moved that the City Council adjourn to the City Council anteroom to hold the Executive Session, and at the end of the Executive Session, the regular meeting will continue. It was so voted by a roll call vote 8 yeas, 0 nays, 3 absent. Councillors Sargent, O’Leary, Lovely, Flynn, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Keefe, Harvey, and Driscoll were absent.
After the Executive Session, Councillor O’Leary moved that the regular meeting continue. It was so voted.
See end of meeting for minutes of Executive Session.
#215 – CONDUIT LOCATION ON OSGOOD STREET
A hearing was scheduled on the order of Massachusetts Electric Company for two (2) conduits on Osgood Street. There was no one present representing Massachusetts Electric Company. Councillor O’Leary moved that the matter be held until the next meeting. It was so voted.
#216 – APPT. SANDRA SOUCY-GEORGE, COMMISSION ON DISABILITIES
The Mayor’s appointment of Sandra Soucy-George to serve as a member of the Commission on Disabilities for a term to expire March 1, 2006, was confirmed under suspension of the rules, by a roll call vote of 8 yeas, 0 nays, 3 absent. Councillors Sargent, O’Leary, Lovely, Flynn, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Keefe, Harvey, and Driscoll were absent.
Councillor O’Leary moved that a letter and City Seal be sent to Scott Maguire. It was so voted.
#217 – APPT. KENNETH BONACCI, COMMISSION ON DISABILITIES
The Mayor’s appointment of Kenneth Bonacci to serve as a member of the Commission on Disabilities for a term to expire March 1, 2005, was confirmed under suspension of the rules, by a roll call vote of 8 yeas, 0 nays, 3 absent. Councillors Sargent, O’Leary, Lovely, Flynn, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Keefe, Harvey, and Driscoll were absent.
Councillor O’Leary moved that a letter and City Seal be sent to Mary Egan. It was so voted.
#218 – APPT. MICHAEL WARD, PLUMMER HOME FOR BOYS
The Mayor’s appointment of Michael Ward to serve as a member of the Plummer Home for Boys for a term to expire March 1, 2008, was confirmed under suspension of the rules, 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.
Councillor O’Leary moved that a letter and City Seal be sent to Steve Pszenny. It was so voted.
#219 – REAPPT. BRENDAN WALSH TO PLUMMER HOME FOR BOYS
The Mayor’s reappointment of Brendan Walsh to serve as a member of the Plummer Home for Boys for a term to expire March 1, 2008, 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.
#220 – BOND ORDER – APPR. $177,553.00 FOR CARLTON SCHOOL SITE RELATED COSTS
The following Order, recommended by the Mayor, was adopted for first passage, under suspension of the rules, 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.
ORDERED: That the sum of One Hundred Seventy-Seven Thousand Five Hundred Fifty-Three Dollars ($177,553.00) be and hereby is appropriated for the purpose of paying additional costs based on extraordinary site-specific contamination issues relative to adding to and renovating the Carlton Elementary School, including the payment of all costs incidental and related thereto, and that to raise this appropriation the City Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of One Hundred Seventy-Seven Thousand Five Hundred Fifty-Three Collars ($177,553.00), under and pursuant to Chapter 44, Section 7, Clauses 3 and 3A and Chapter 70B of the Massachusetts General Laws, each as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore.
#221 – APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fifteen Thousand One Hundred Fifty-Three Dollars and sixty cents ($15,153.60) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Fire Department Retirement Anticipation” Account in accordance with the recommendation of His Honor the Mayor.
#222 – APPR. HARBORMASTER VEHICLE REPAIR AND MAINTENANCE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Three Thousand Dollars ($3,000.00) is hereby appropriated from the “Receipts Reserved Harbormaster” Account to the “Harbormaster Vehicle Repair and Maintenance” Account in accordance with the recommendation of His Honor the Mayor.
#223 – APPR. HARBORMASTER OFFICE SUPPLIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Six Hundred Dollars ($600.00) is hereby appropriated from the “Receipts Reserved Harbormaster” Account to the “Harbormaster Office Supplies” Account in accordance with the recommendation of His Honor the Mayor.
#224 – MAYOR SUBMITTING GOVERNOR ROMNEY’S RECENT PRESS RELEASE REGARDING BUDGET GAP
A communication from the Mayor, submitting the Governor’s recent press release concerning the fiscal year 2003 budget gap and the upcoming challenges relative to the fiscal year 2004 budget, was received and filed.
#225 – ORDINANCE AMENDING CLAIMS, OUTSTANDING FEES OR TAXES BE DEDUCTED FROM APPROVED CLAIM SETTLEMENT
Councillor Bencal introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Claims against the City of Salem
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Section 1781, is hereby amended by adding the following:
“Prior to the City Council settling any claim, the City Collector, Parking Clerk, or any other official designated to collect fees and/or taxes due the City of Salem, shall notify the City Council of any monies overdue the City by the claimant. Further, the City Council shall reduce any approved settlement by the amount overdue the City and have those funds designated to pay off the delinquent taxes and/or fees.
Section 2. This Ordinance shall take effect as provided by City Charter.
#226 – SCHOOL BUDGET REPORT – FEBRUARY, 2003
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the School Department Budget Report for February, 2003, be received and placed on file.
#227 – ACTING PLANNER AND POLICE TRAFFIC RESPOND TO ISSUES SURROUNDING PEDESTRIAN LIGHTS AT HARBOR ST. & LAFAYETTE ST.
ORDERED: That the Acting Director of Planning and Community Development, Denise McClure, and Captain Robert Callahan of the Police Traffic Division, communicate with Mr. Stephen T. O’Donnell, District Highway Engineer of the Massachusetts Highway Department, to provide him with a chronology of steps taken by the City of Salem, to address the problem of frequent accidents at the intersection of Lafayette and Harbor Street, including but not limited to an approved Council Ordinance requesting a pedestrian traffic light;
Be it further ordered: That Ms. McClure and Captain Callahan request that Mass. Highway provide any and all solutions that have proven effective in ameliorating similar such intersections in other Massachusetts communities;
Be it further ordered: That Ms. McClure and Captain Callahan report back to the Council with an implementation plan of action for said intersection.
#228 – RESOLUTION – M.B.T.A. SERVICE IMPROVEMENTS; SOUTH SALEM STOP; AND BLUE LINE EXTENSION
Councillor Driscoll introduced the following Resolution, which was adopted by a roll call vote of 8 yeas, 1 nay, 2 absent. Councillors Sargent, O’Leary, Lovely, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative. Councillors O’Keefe, and Harvey were absent.
RESOLUTION:
Whereas, there exists a strong desire on the part of the City of Salem to improve and enhance rail transit service to the community, and
Whereas, the Massachusetts Bay Transit Authority (MBTA) has produced a 25 year capital plan, known as the Draft Program for Mass Transportation (PMT), and
Whereas, as part of the PMT, the MBTA is considering a number of alternative transportation projects to improve transit service to the North Shore and in particular the City of Salem, and
Whereas, one project under consideration could potentially result in the extension of the blue line with a terminus stop in South Salem, and
Whereas, there exists a number of other alternative transportation projects to improve transit service to the City of Salem, namely: 1) improving and enhancing the current commuter rail line by providing more frequent service, and 2) constructing a link from the current commuter rail line to the blue line in Revere or Lynn, and
Whereas, the MBTA is seeking comments on their Draft Program for Mass Transportation (PMT) until March 14, 2003,
Now Therefore Be It RESOLVED, as follows:
That the City Council of the City of Salem strongly supports improvement and enhancement of existing commuter rail transit service to the community and would encourage the MBTA to include the following transportation improvement measures in the draft Program for Mass Transportation: 1) improving and enhancing the current commuter rail line by providing more frequent service and modern passenger cars, and 2) constructing a link between the current commuter rail line and the blue line in Lynn or Revere.
Be It Further RESOLVED that the City Council of the City of Salem does not support extension of the Blue Line into Salem.
#229 – OSGOOD STREET TRAFFIC ISSUES, NO LEFT TURN ON BRIDGE
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet with the residents of Osgood Street to discuss the “no left turn sign” on Bridge Street.
#230 – DPW EXAMINE DAMAGE TO TREE LAWN AND BERM ON WILLSON STREET
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the DPW examine the damage to the tree lawn and sidewalk berm on the northerly side of Willson Street, opposite Nathaniel Bowditch School (from Old Road to Highland Avenue) and repair or replace same when appropriate this spring/early summer, and the matter be referred to the Committee on Government Services for oversight.
#231 – TRAIN STOP AT SALEM STATE COLLEGE AND EXTENSION OF BLUE LINE
Councillor Lovely introduced the following Order, on behalf of Councillor Furey, which was adopted.
ORDERED: That the Committee on Government Services meet with the South Salem Neighborhood Association, Representatives of Salem State College, Abutters in Wards 3, 5, and 7, Representative from the Mayor’s office, Representative from the Planning Department, Ward 7 Neighborhood Association, Castle Hill Neighborhood Association, Mayor Usovicz, and an official of the M.B.T.A. to discuss possible consensus as to the idea of a train stop near Salem State College and the Blue Line extension into South Salem.
#232 – OLD TOWN HALL AND MARKET AREA, ADMINISTRATION’S PLANS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Mayor or his representative, as well as the Acting Director of Planning and Community Development, be invited to appear before the Committee on Government Services regarding the Administration’s plans for Old Town Hall and the Marketplace.
#233 – GASOLINE SPILL AT BARDON TRIMOUNT ON SWAMPSCOTT ROAD
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That representatives from the Fire Department, Health Department, Building Department, City Engineer, and representatives of Bardon Trimount meet with the Committee on Government Services regarding the recent gasoline spill, the filling of wetlands, and the permitting of the wheel wash facility, which was recently installed.
#234 – RAISE IRISH FLAG FOR ST. PATRICK’S DAY
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Superintendent of the Park and Recreation Department raise the Irish Flag at Riley Plaza on the weekend prior to March 17, and on March 17.
#235 – USE OF TRANSFER STATION BY OTHER COMMUNITIES AND RECYCLING ISSUES
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That a meeting of the Committee on Community and Economic Development be held with a representative of the Transfer Station and City Engineer to discuss use of the transfer station by other communities, and invite the City Solicitor to attend. Also to include discussion of the curb-side pick-up recycling problems and other outstanding site problems.
#236 – 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.
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
#237 – (#460 of 2002) – ORDINANCE AMENDING ELECTRICAL DEPARTMENT FEES
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 an Ordinance relative to fees for the Electrical Department has considered said matter and would recommend that the Ordinance be adopted for first passage.
#238 – (#116) - BOND ORDER – APPR. $400,000.00 FOR CARLTON SCHOOL PROJECT
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 appropriating $400,000.00 for the Carlton School Project has considered said matter and would recommend that the Order be adopted for first passage with the following conditions:
1. The School Committee and School Department be financially responsible for one-half (1/2) of any additional bond payment costs (beginning with the $400,000.00 bond order) incurred by the Carlton School Elementary Project.
2. Legal Opinion be obtained by Attorney Keenan and Attorney Gerrity (School project) pertaining to any possible litigation regarding initial soil boring, due diligence, and environmental site assessment.
The recommendation of the Committee was adopted by a roll call vote of 6 yeas, 2 nays, 3 absent. Councillors Sargent, Lovely, Flynn, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillors O’Leary and Furey were recorded as voting in the negative. Councillors O’Keefe, Harvey, and Driscoll were absent.
#239 – (#136A) – ORDINANCE PLACING PERMIT PROCESS OF SALEM COMMON UNDER PARK & RECREATION COMMISSION
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred an Ordinance designating the Park and Recreation Commission as the City Council’s permitting agent for the use of the Salem Common has considered said matter and would recommend that the Ordinance, as amended by the Committee, be adopted for second and final passage.
Councillor DeToma moved to amend the Ordinance by reinserting the sunset clause that this Ordinance shall expire on December 31 of each year. The amendment was adopted by a roll call vote of 6 yeas, 4 nays, 1 absent. Councillors O’Keefe, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors Sargent, O’Leary, Lovely, and Flynn were recorded as voting in the negative. Councillor Harvey was absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Ordinance was adopted for second and final passage as amended, so that it shall now read as follows:
In the year two thousand and two
An Ordinance to amend an Ordinance relative to the Use of the Salem Common
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 26, Sections 26-66; 26-67; 26-68; 26-69; 26-70; 26-71; 26-72; 26-73; and 26-74 are hereby amended by deleting the following text as it appears in the above sections:
“City Council” and insert in place thereof, “Park & Recreation Commission”
“Council” and insert in place thereof “Park & Recreation Commission”
“City Clerk” and insert in place thereof, “Park & Recreation Department”
“City Clerk’s Office” and insert in place thereof “Park & Recreation Department”
Section 2. Chapter 26, Section 26-69, is hereby further amended by deleting paragraph four (4) in its entirety, and inserting in place thereof, the following:
The Park & Recreation Commission shall review the application, and may request input from the Ward Councillor, Park & Recreation Superintendent, Police Department, and any other city agency that it deems appropriate.
Section 3. Chapter 26, Section 26-73, is hereby further amended by deleting paragraph two (2) in its entirety, and inserting in place thereof, the following:
All fees received by the Park and Recreation Department shall be deposited into a special account entitled “Salem Common Receipts Reserved for Appropriation”. Said receipts shall be appropriated solely for the care and maintenance of the Salem Common. Said receipts may be expended by the Park and Recreation Superintendent, upon approval of the Mayor, and following a vote of the City Council.
Section 4. Chapter 26, Section 66 (d) and Chapter 26, Section 68, is hereby amended by adding the following at the end of the paragraph:
“Under the provisions of this article, the Salem Park and Recreation Commission is hereby designated as the permit agent for the City Council. Nothing in this article shall be construed as transferring the statutory jurisdiction of the Salem Common from the Salem City Council to the Salem Park and Commission.”
Section 5. This Ordinance shall expire annually on December 31, and shall be reconsidered by the City Council the following January.
Section 6. This Ordinance shall take effect as provided by City Charter.
#240 – SENIOR CENTER AT TELEPHONE BUILDING AND ST. MARY’S CHURCH
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 an Order relative to the telephone building for the Council on Aging and an Order to explore the opportunity to lease or purchase St. Mary’s has considered said matter and would recommend that no action be taken, as the Committee voted that these matters be referred out with an unfavorable recommendation.
#241 and #242 NOT USED
Councillor Bencal gave two brief oral reports for the Committee on Government Services, relative to resident parking on Summer Street, and the status of the study for a municipal marina.
#243 – REQUEST FOR EXECUTIVE SESSION WITH CITY SOLICITOR
The request of City Solicitor John Keenan to hold an Executive Session was taken up earlier.
#244 – REQUEST OF PAUL DIBIASE TO REZONE LAND OFF MARLBOROUGH ROAD FROM R-C AND R-1 TO R-3
The request of Paul DiBiase of Osborne Hills Realty Trust, to amend the zoning of land off Marlborough Road from R-C and R-1 to R-3, was referred to the Planning Board to schedule a joint public hearing with the City Council.
#245 – REQUEST TO PURCHASE PAPER STREET – BELAIRE STREET, BY ELLEN KELLEHER
The request of Ellen Kelleher to purchase city-owned land located at Belaire Street, was referred to the Committee on Government Services.
#246 - #249 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAG DAY SHS Girls Softball, June 7, 2003
SECOND HAND
CLOTHING St. Therese’s Thrift Shop, 135, Lafayette St.
TAXI OPERATOR Albert Calman, 203 Washington St., Salem
Lenin Castillo, 113 Grove St., Lynn
Andrew Cheever, 23 Willson St., Salem
Paul LaBonte, 200 Eastern Ave., Lynn
Genaro Roman, 24 Ward St., Salem
Stephen Trask, 25 Young Ave., Swampscott
TAXI CAB Community Taxi, 27R Caller St., Peabody (6)
#250 - #251 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator license applications were granted.
J. Derenzo Co., 354 Howart St., Brockton, MA
#252 - #265 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Mark Borowski, 8 Cypress St., Salem
Martin Fioretti, 16 Blue Hill Ave., Nashua, NH
Anthony Gambale, 30 Indian Rock Dr., Saugus
Carol Karuzis, 3 Springview Terr., Lynn
Peter D. LaChapelle, 19 Union St., Salem
Manuel Maneivo, 20 Kimball Rd., Amesbury
Betty McNeil, 402 Paradise Rd., Swampscott
Samuel Munick, 11 McKinley Rd., Marblehead
Maria Nadolna, 80 Marlborough Rd., Salem
Antonietta Polcaro, 17 Stephen St., Lynn
Heather Riley, 221 Lafayette St., Salem
Frederick S. Sullivan, 2 Fountain St., Peabody
Linda Tremblay, 8 Vista Ave., Salem
Lois J. Worth, 12 Marion Rd., Salem
#266 – DRAINLAYER BOND
The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
J. Derenzo Co., 354 Howart St., Brockton
(#67) – BOND ORDER – APPR. $12,000,000.00 FOR VARIOUS WATER SYSTEM IMPROVEMENTS
The matter of second and final passage of a Bond Order appropriating $12,000,000.00 for various water system improvements 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, Lovely, Flynn, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors Driscoll and DeToma were recorded as voting in the negative. Councillor Harvey was absent.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#772 – ORDINANCE AMENDING ZONING – LAND AT 209 HIGHLAND AVE. BE REZONED FROM B-2 TO R-3
The matter of second and final passage of an Ordinance amending zoning, land at 209 Highland Avenue be rezoned from B-2 to R-3, was then taken up.
Councillor Lovely requested that the Director of Public Services go on record that no plans will be signed off on until the pumping station is on-line, and no occupancy permits be issued. Mr. Thibodeau agreed that this would be the case.
The Ordinance was adopted for second and final passage by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors O’Leary, O’Keefe, Lovely, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor Sargent was recorded as voting in the negative. Councillor Harvey was absent.
Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
On the motion of Councillor DeToma, the meeting adjourned at 9:15 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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