A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 11, 2003 at 7:05 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 5, 2003 at 12:03 P.M.
All Councillors were present.
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.
(#543) – APPT. BARBARA POREMBA TO BOARD OF HEALTH
The Mayor’s appointment of Barbara A. Poremba to serve as member of the Board of Health for a term to expire June 1, 2006, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Ms. Poremba to speak.
Councillor O’Leary moved that a letter and City Seal be sent to Dr. Kantorosinski. It was so voted.
(#568) – APPT. JOHN BORIS TO SALEM HOUSING AUTHORITY
The Mayor’s appointment of John A. Boris to serve as a member of the Salem Housing Authority for a term to expire July 1, 2008, was confirmed by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Leary and O’Keefe were recorded as voting in the negative.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Mr. Boris to speak.
Councillor Harvey moved that a letter and City Seal be sent to Mr. Zisson. It as so voted.
#612 – APPT. ROBERT MILLERICK TO PLUMMER HOME FOR BOYS
The Mayor’s appointment of Robert F. Millerick to serve on the Plummer Home for Boys Board of Trustees for a term to expire January 1, 2004, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Chuber moved that a letter and City Seal be sent to Mr. Bigay. It was so voted.
#613 - #616 – APPT. CONSTABLES
The Mayor’s appointment of the following Constables for terms as designated was received and filed.
Vincent J. Furfaro, 17 Calabrese St., Salem, term to expire Sept. 20, 2004
George Bertocchi, 390 Upham St., Melrose, term to expire Sept. 20, 2005
Pasquale DeFeo, Jr., 84 Trevalley Rd., Revere, term to exp. Sept. 25, 2006
John L. Massa, 96 Woodland Ave., Lynn, term to exp. August 9, 2006
#617 – APPR. PARK & RECREATION EXPENSE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fifteen Thousand Six Hundred Eighty Dollars ($15,680.00) is hereby appropriated from the “Receipts Reserved Witch House” Account o the following “Park and Recreation” Accounts:
Printing $2,400.00
Other Expenses 900.00
Contractual Service 12,380.00
in accordance with the recommendation of His Honor the Mayor.
#618 – APPR. CEMETERY BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Four Hundred Seventy-Five Dollars ($10,475.00) is hereby appropriated from the “Cemetery Receipts Reserved Sale of Lots” Account to the “Cemetery Burial” Account in accordance with the recommendation of His Honor the Mayor.
#619 – ACCEPT CH. 46, SEC. 116, ACTS OF 2003, ESTABLISHING AN EARLY RETIREMENT INCENTIVE PROGRAM
The following Order, recommended by the Mayor, was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the City of Salem accept the provisions of Chapter 46, Section 116 of the Acts of 2003, which provides for the establishment of an early retirement incentive program for no more than nineteen eligible employees in all departments except the Fire and School Departments.
Councillor DeToma requested and received unanimous consent to allow Elizabeth Rennard, Director of Human Resources, to speak.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#620 – MAYOR EXECUTE TAX AGREEMENT WITH NEW ENGLAND POWER COMPANY
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the Mayor, in accordance with the 1997 Real and Personal Property Tax Appeal Settlement Agreement, is hereby authorized to execute an Agreement by a between New England Power Company (NEP) and the City of Salem that all of NEP’S real and person property in the City shall be assessed at a value which results in an annual tax payment of $525,000 for the fiscal years 2004 – 2007.
#621 – PARKING FEES FOR PARKING GARAGES AND CHURCH ST. LOT FOR MONTH OF OCTOBER AND FIRST WEEKEND OF NOVEMBER
The following Order, recommended by the Mayor, was adopted. Councillor DeToma requested and received unanimous consent to suspend the rules to allow Mr. James Hacker, Parking Director, to speak.
ORDERED: That the parking fees for the Garages and Church Street lot on days as specified during the month of October and first weekend in November shall be as follows:
Saturdays $10.00 per entry
Sundays $10.00 per entry
Friday, October 31st after 4:00 p.m. $10.00 per entry
Fridays, after 4:00 p.m. $5.00 per entry
AND BE IT FURTHER ORDERED: That the above-mentioned days and times in October and the first weekend in November, parking shall be free for Salem residents in the Church Street Lot.
#622 – APPR. ELECTIONS & REGISTRATION PRINTING FOR PRINTING AND MAILING OF PROPOSED CHARTER TO VOTERS
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor DeToma requested and received unanimous consent to suspend the rules.
The Order was adopted under suspension of the rules.
ORDERED: That the sum of Seven Thousand Seven Hundred Dollars ($7,700.00) is hereby appropriated to the “Elections and Registrations Printing and Binding” Account to be funded by property taxes, state aid, and non-property tax revenue when the FY2004 tax rate is set in accordance with the recommendation of His Honor the Mayor.
#623 – PARKING METER LOCATIONS
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses, and Legal Affairs meet with Police Captain Robert Callahan, Parking Director James Hacker, Chamber of Commerce Executive Director Jeff Worthly and interested citizens on the existing locations of parking meters, and issues relating thereto, and report its findings and recommendations to the City Council.
#624 – RESOLUTION ENDORSING CHANGE TO MEMBERSHIP AT SALEM/BEVERLY WATER BOARD
Councillor Harvey introduced the following Order, which was referred to the Committee on Public Health, Safety, and the Environment.
ORDERED: That a resolution be sent to the House of Representatives, the State Senate, the Governor and the Lt. Governor from the City Council, endorsing Representative Grant of Beverly’s House Bill 386, an Act to expand the Salem/Beverly Water Supply Board.
AND BE IT FURTHER ORDERED: That a copy of the resolution and vote be sent to the Beverly City Council to concur with our vote.
#625 – SALEM HOPE FUND BECOME SCHOLARSHIP FUND AT SALEM STATE COLLEGE
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the Salem Hope Fund, started two years ago after the terrible tragedy of 9-11-01, be transferred to Salem State College and established as a scholarship fund that would help subsidize the tuition of a Salem resident or residents during their junior or senior year at Salem State College, enrolled in the Criminal Justice or Fire Prevention Program.
AND BE IT FURTHER RESOLVED: That for this scholarship fund to be maintained, it is suggested that from this date forward, at the first meeting in September after the summer recess, each Councillor be requested to donate $50.00 to the Salem Hope Fund, which will be maintained and administered by Salem State College.
#626 – IMPROVEMENTS TO LIGHTING AT MACK PARK VOTING LOCATION
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the City Clerk, the Building Inspector, the City Electrician, and a representative of the Park and Recreation Department be invited to appear before the Committee on Government Services in order to find a way to improve lighting and safety at the voting location at Mack Park.
#627 – REGULAR MEETING DATES FOR NOVEMBER AND DECEMBER
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Regular Meeting dates of the City Council for the months of November and December, 2003, shall be as follows:
Thursday, November 6, 2003
Thursday, November 20, 2003
Thursday, December 11, 2003
Thursday, December 18, 2003 (if necessary to finalize tax rate)
AND BE IT FURTHER ORDERED: That the City Council make a determination as to the starting time and/or date of the October 9, 2003 Council meeting.
#628 – SPEED DETERRENTS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That a representative of the police Department meet with the Committee on Government Services to discuss traffic calming procedures in general and the use of unmanned police cars as a deterrent to speeding.
#629 – ELECTION ORDER – CITY PRELIMINARY ELECTION
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter on Tuesday, September 23, 2003 for the purpose of casting votes in the City Preliminary Election for the nomination of candidates for the following offices:
Councillors of Wards One, Two, Three, and Five: for the term of two years
AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings:
Ward One
PRECINCT ONE Bentley School, Memorial Drive
PRECINCT TWO Recreation Room, 27 Charter Street
Ward Two
PRECINCT ONE Bentley School, Memorial Drive
PRECINCT TWO Salem Heights, Recreation Room, 12 Pope Street
Ward Three
PRECINCT ONE Council on Aging, 5 Broad Street
PRECINCT TWO Ste. Anne's School, 9 Cleveland Street
Ward Five
PRECINCT ONE Temple Shalom, 287 Lafayette Street
PRECINCT TWO Community Room, Pioneer Terrace
AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law.
#630 – NO LEFT TURN – TRIAL PERIOD – LINDEN STREET AND LORING AVE.
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the following be instituted for a 90-day trial basis.
Linden Street, southbound, at the intersection with Loring Avenue, No left turn onto Loring Avenue.
Loring Avenue, eastbound, at the intersection with Linden Street, No left turn onto Linden Street.
#631 – ORDINANCE AMENDING TRAFFIC, SERVICE ZONE ON NORTH ST., HANDICAP PARKING ON BUFFUM ST., PARKING PROHIBITED ON SCHOOL STREET
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 Traffic, Service Zone, Handicap Parking and Parking Prohibited
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 13, Service Zone, is hereby amended by adding the following street:
“North Street, adjacent to #105, southbound on the westerly side, beginning ninety (90) feet from Mason Street and extending ninety (90) feet. Service Zone, Fifteen (15) minute parking limit”
Section 2. Chapter 42, Section 50B, Handicap Parking, is hereby amended adding the following Street:
“Buffum Street, in from of #42, for a distance of twenty (20) feet, Handicap Parking, Tow Zone.”
Section 3. Chapter 42, Section 51, Parking Prohibited, is hereby amended by deleting the following:
“School Street, northeasterly bound on the southside, beginning at Buffum Street and extending one hundred and sixty (160) feet towards North Street, delete no parking zone.”
Section 4. This Ordinance shall take effect as provided by City Charter.
#632 – ORDINANCE AMENDING TRAFFIC, ONE WAY STREET, BEDFORD STREET
Councillor O’Leary 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 Traffic, One Way Street, certain times
Be it ordained by the City Council o the City of Salem, as follows:
Section 1. Chapter 42, Section 10A, is hereby amended by adding the following street:
“Bedford Street, southbound, beginning at Ord Street. Do Not Enter 7:30 A.M. to 8:30 A.M. – 2:00 P.M. to 3:00 P.M., Monday through Friday, September 1 through June 31”
Section 2. This Ordinance shall take effect as provided by City Charter.
#633 – CHARTER COMMISSION MAKE PRESENTATION OF PROPOSED CHARTER
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Charter Commission be invited to make a presentation to the Committee of the Whole to present an overview of process, hearing and recommendation of the proposed charter changes that will appear on the November 4, 2003 ballot, including Majority and Minority opinion.
#634 – ORDINANCE AMENDING TRAFFIC, STOP SIGN, MOFFATT ROAD
Councillor O’Keefe 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 Traffic, Isolated Stop Sign
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 49, is hereby amended by adding the following street:
“Moffatt Road, at the intersection with Loring Avenue”
Section 2. This Ordinance shall take effect as provided by City Charter.
#635 – ORDINANCE AMENDING TRAFFIC, SERVICE ZONE ON LYNDE STREET AND HANDICAP PARKING ON HATHORNE STREET
Councillor Lovely 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 Traffic, Service Zone, and Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 13, Service Zone, is hereby amended by adding the following street:
“Lynde Street, beginning twenty-five (25) feet from Washington Street, in a westerly direction on the southerly side, for a distance of forty (40) feet. Service Zone, thirty (30) minute limit”
Section 2. Chapter 42, Section 50B, Handicap Parking, is hereby amended by adding the following street:
“Hathorne Street, in front of #59, for a distance of twenty (20) feet, Handicap Parking Tow Zone.”
Section 3. This Ordinance shall take effect as provided by City Charter.
#636 – RESOLUTION 10TH ANNIVERSARY OF SPORTS THERAPY AND REHABILITATION
Councillor O’Leary introduced the following Resolution, which was adopted.
RESOLUTION:
Whereas: Sports Therapy and Rehabilitation, a privately owned facility located at 84 Highland Avenue, opened in August of 1994 and is dedicated to providing physical therapy and sports medicine for the people of the North shore; and
Whereas: Sports Therapy and Rehabilitation has grown from a staff of three people to 17, and has expanded their facility on Highland Avenue and opened a second office in Centennial Industrial Park in neighboring Peabody; and
Whereas: Sports Therapy and Rehabilitation has provided the immediate care needed to local student athletes around the North Shore. It began Athletic Training services for Salem High School, as well as provided coverage for Salem Pop Warner Football in 1997 – 1998, and the Essex County Youth Soccer Association Tournament in 1998 through 2002.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council on behalf of the citizens of Salem extend their congratulations on the 10th Anniversary of Sports Therapy and Rehabilitation.
AND BE IT FURTHER RESOLVED: That this resolution be made a matter of record of these proceedings and that a suitable copy along with a copy of the City Seal, be presented to Sports Therapy and Rehabilitation.
#637 – PLANNER CONTACT MBTA TO CHANGE BUS ROUTE INTO VINNIN SQUARE
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Planning Department contact the MBTA and ask them to consider the possibility of making a change to the bus route that follows Route 1A past the Blue Line Wonderland stop and continues onto Vinnin Square in Salem where it takes a right turn down Tedesco Street and continues onto downtown Marblehead.
The requested change would have this bus route go straight through Vinnin Square and continue moving along Route 1A down Loring Avenue, where it will pass Salem State College South, Central, and North Campus. When it reaches the intersection of Loring Avenue and Lafayette Street, the bus will make a right turn and heads towards Marblehead where it will reconnect with Tedesco Street and continue on to downtown Marblehead. This new route would work in reverse as this bud heads back to Boston from downtown Marblehead.
#638 – BLOCK PARTY – BOTTS COURT
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the attached request of the residents for a Block Party on September 21, 2003 on Botts Court be adopted.
#639 – BLOCK PARTY – CLEVELAND STREET
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the attached request for a Block Party at 14 Cleveland Street for October 11, 2003 be approved.
#640 – COMMITTEE OF WHOLE DISCUSS GOLF COURSE AD-HOC COMMITTEE MEMBERSHIP
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole assemble to re-evaluate the process of the appointments of the membership of the Salem Woods Golf Course Committee and work towards a resolution thereof, at a date to be determined, not to exceed two (2) weeks.
#641 – CITY HALL OFFICE HOURS
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet regarding the communication from the Mayor dated September 4, 2003 regarding City Hall Office Hours.
#642 – SUPPORT OF HOUSE BILL #1533 – TAKE BACK CAMPAINGN
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That the City Council send a letter to the Natural Resources Committee re-stating our support of bill H-1533 and question a Favorable Report. It should be addressed to:
Chairman Bill Greene
Committee on Natural Resources and Agriculture
State House – Room 473F
Boston, MA 02133
Further ordered that we send a copy of our correspondence to Representative J. Michael Ruane and Senator Frederick Berry.
And further ordered that copies of this letter be sent to the following:
Massachusetts Producer Take Back Campaign
c/o Clean Water Action
36 Broomfield St., Suite 204
Boston, MA 02108
#643 – BOARD AND COMMISSION AGENDAS BE E-MAILED TO COUNCILLORS
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Planning Board, Zoning Board of Appeals, Conservation Commission, Licensing Board and Board of Health be requested to e-mail their respective agendas to each City Councillor at their e-mail addresses.
AND BE IR FURTHER ORDERED: That the mail be sent as part of the e-mail text and not as an attachment for the purpose of allowing Councillors with PDA’S to read the text.
#644 – 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 Girls Soccer, October 5, 2003
TAXI OPERATOR James Chouinard, 10 Collins St. Ct., Lynn
Robert B. Conway, 25 Winter Island Rd., Salem
Alejandro Perez, 324 Chatham St., Lynn
Scott Sarabial, 8 Lathrop Street, Salem
LIMOUSINE Family Car Services, 289 Derby St., Salem (5 vehicles)
PUBLIC GUIDE Brigitta Amsler, 286 Ocean Avenue, Marblehead
Anne Marie McDonald, 11 Whitman St., Weymouth
Nancy Sweeter, 60 Burley St., Danvers
#645 – GOVERNOR ROMNEY RESPONSE TO CLIMATE PROTECTION RESOLUTION
A communication from Governor Mitt Romney responding to a Council Resolution on the Climate Protection Program, was received and filed.
#646 – REQUEST TO PURCHASE CITY LAND – ROSE STREET (RECENTLY DISCONTINUED PORTION)
A communication from Attorney John Keilty, representing Gardner Mattress, petitioning to purchase the recently discontinued portion of Rose Street, was referred to the Committee on Community and Economic Development.
#647 – PETITION OF PARLEE STREET RESIDENTS TO DISCONTINUE UNCONSTRUCTED PORTION OF PARLEE STREET
A petition from the residents of Parlee Street, Paul Avenue, Malone Drive, and Crowdis Street to requesting the discontinuance of an unconstructed portion of Parlee Street, was referred to the Committee on Community and Economic Development.
#648 – NORTH SHORE MEDICAL CENTER CANCER WALK
The request of North Shore Medical Center to hold their annual Cancer Walk on June 13, 2004, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#649 – SALEM YMCA WITCH CITY ROAD RACE
The request of the Salem YMCA to hold the third annual Witch City 5K road race on October 26, 2003, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#650 – DIANA MCKANAS REQUEST FOR TEMPORARY FORTUNETELLING STORE LICENSE FOR OCTOBER
The request of Diana McKanas, owner of the Salem Psychic Center, for a temporary Fortunetelling Store License for the month of October, was granted.
#651 – BLOCK PARTY – LEE STREET
The request of the residents of Lee Street, to hold a Block Party on September 13, 2003, was granted.
#652 - #657 – LICENSE APPLICATIONS
The following License applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
FORTUNETELLING
STORE The Magic Parlor, 213 Essex St., Salem
Stephanie Young, 5 Porter St. Ct.
SECOND HAND
VALUABLE R.A. DiFillipo Antiques, 131 Essex Street
TAG DAY SHS Girls Field Hockey, October 4, 2003
SHS Boys Soccer, October 25, 2003
TAXI OPERATOR Earnest W. Bass, 203 Washington St., Salem
Jody Bottari, 52 Harbor St., Salem
Francis E. Murray, Jr., 29 Hancock St., Salem
Sixto A. Nunez, 44 Dow St., Salem
Luciano Reynoso, 248 Washington St., Salem
Victorino Santana, 49 Harbor St., Salem
Julio Valdez, 40 Ward St., Salem
PUBLIC GUIDE Justine Stacy, 222 Bray St., Gloucester
#658 - #661 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator Licenses were granted.
GZA Geo Environmental Inc., 380 Harvey Rd., Manchester, NH
McGrath Construction Co., 49 Morton Hill Ave., Lynn
#662 - #664 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Kathleen L. Marck, 52 Broad Street, Salem
Jacqueline McCallum, 10 Newton Street, Malden
SUBROGATED: Commerce Insurance Co. (for David J. O’Malley)
11 Gore Road, Webster
#665 - #672 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
DRAINLAYER GZA Geo Environmental Inc., 380 Harvey Rd., Manchester, NH
McGrath Construction Co., 49 Morton Hill Ave., Lynn
SIGN S.K. Realty Trust, 10 Boston Street, Salem
Y.M.C.A. OF THE north Shore, 120 Washington St., Salem
CONSTABLE George J. Bertocchi, 390 Upham St., Melrose
Pasquale Defeo, 84 Trevalley Rd., Revere
Vincent J. Furfaro, 17 Calabrese St., Salem
John Lewis Massa, 96 Woodland Ave., Lynn
(#545) – ORDINANCE AMENDING FEES FOR DEPARTMENT OF WEIGHTS AND MEASURES
The matter of second and final passage of an Ordinance amending fees for the Department of Weights and Measures was then taken up. The Ordinance was adopted for second and final passage.
(#607) – SECOND PASSAGE – BOND ORDER – APPR. $1,100,000 FOR REPAIRS TO MUSEUM PLACE MALL PARKING GARAGE
The matter of second and final passage of a Bond Order appropriating $1,100,000.00 for repairs to the Museum Place Mall Parking Garage was then taken up. The Bond Order was adopted for second and final passage by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Sargent, O’Keefe, 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.
On the motion of Councillor O’Leary, the meeting adjourned at 9:30 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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