A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 23, 2003 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 17, 2003 at 9:19 A.M.
All Councillors were present.
Council President Thomas H. Furey presided.
Councillor O’Leary 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 receipt the Pledge of Allegiance.
KERNWOOD GOLF DAY SCHOLARSHIPS
Councillor Harvey then took a moment to present the scholarship checks to the recipients of the Kernwood Golf Trust Fund Scholarship.
#740 – EXECUTIVE SESSION WITH SOLICITOR KEENAN REGARDING REAL ESTATE APPROVAL FOR NATIONAL GRID PROERTY
Councillor O’Leary moved to take out of order, under Communications from City Officials, the request from Solicitor John Keenan, to hold an Executive Session to discuss the real estate appraisal for the property owned by National Grid. 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 unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
See end of this meeting for Executive Session.
Following the Executive Session, Councillor O’Leary moved that the regular meeting be continued. It was so voted.
#741 – JOINT POLE LOCATIONS ON SKERRY ST. AND BURNSIDE ST.
A hearing was held on the Order of Verizon and Massachusetts Electric company for two (2) joint owned poles on Skerry Street and Burnside Street. Appearing in favor was Mr. Bill McInerny representing Verizon and Mass. Electric Company. There was no one opposed. Councillor O’Keefe moved that the hearing be closed. It was so voted. Councillor Flynn moved that the permit be granted. It was so voted.
#742 – (#719A) - DISCONTINUANCE OF UNCONSTRUCTED PORTION OF PARLEE STREET, FROM 21 PARLEE STREET TO THE INTERSECTION OF DELL STREET
A hearing was held on the discontinuance of an unconstructed portion of Parlee Street from 21 Parlee Street to the intersection of Dell Street.
Appearing in favor were numerous residents of Parlee Street, Malone Drive, and Crowdis Street. There was no one appearing in opposition.
Councillor O’Leary moved that the hearing be closed. It was so voted.
Councilor O’Leary moved that the unconstructed portion of Parlee Street be discontinued. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Leary moved for a one minute recess. It was so voted.
#743 - #744 – CONSTABLES
The Mayor’s reappointment of the following Constables was received and filed.
James M. Cameron, term to expire October 14, 2005
Jeffrey B. Panneton, term to expire October 14, 2005
#745 – APPR. CAPITAL OUTLAY EQUIPMENT FOR SNOW PLOWS
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fifty Nine Thousand Seven Hundred Twenty Dollars and seventy-six cents ($59,720.76) is hereby appropriated to the “Capital Outlay Equipment” Account to be expended for the purchase of two modern 250 John Deere Skid Steer Loaders with plow, snow blower and attachments for the Public Services Department in accordance with the recommendation if His Honor the Mayor.
#746 – APPR. CAPITAL OUTLAY REPAIRS AND RENOVATIONS FOR WINTER ISLAND HANGAR
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Eight Thousand Eight Hundred Twenty Dollars and fifty-seven cents ($8,820.57) is hereby appropriated to the “Capital Outlay Repairs and Renovations” Account to be expended for the completion of the repairs to the roof of the Winter Island Hangar in accordance with the recommendation of His Honor the Mayor.
#747 – APPR. PARK AND RECREATION CONTRACTED SERVICES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Receipts Reserved Golf Course” Account to the “Park and Recreation Contracted Service” Account in accordance with the recommendation of His Honor the Mayor.
#748 – TRANS. PUBLIC SERVICES CONTRACTED SERVICES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby transferred from the “Public Services Salaries” Account to the “Public Services Contracted Services” Account in accordance with the recommendation of His Honor the Mayor.
#749 – TRANS. PUBLIC SERVICES CONTRACTED SERVICES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby transferred from the “Public Services Salaries” Account to the “Public Services Contracted Services” Account in accordance with the recommendation of His Honor the Mayor.
#750 – TRANS. PUBLIC SERVICES CONTRACTED SERVICES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby transferred from the “Public Services Sewer Salaries” Account to the “Public Services Contracted Services” Account in accordance with the recommendation of His Honor the Mayor.
#751 – EAST INDIA GARAGE ISSUES AND CHURCH STREET PARKING LOT
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance meet with the Parking Director to discuss a number of topics centered around the East India Garage and the Church Street lot.
AND BE IT FURTHER ORDERED: That the Essex House Condo owners be invited to attend, along with the Parking Director and Parking Department Board.
#752 – CLOSING OF TRANSFER STATION ON SATURDAY, OCTOBER 11, 2003
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That representatives of Northside Carting be ordered to appear before the Committee on Public Health, Safety and Environment to explore why the transfer station was closed on Saturday, October 11, 2003.
AND BE IT FURTHER ORDERED: That the following be invited to attend: City Engineer, City Solicitor, Ward 3 Councillor, Dennis Colbert, and Northside Carting.
#753 – ELECTION ORDER – NOVEMBER 4, 2003 CITY 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, November 4, 2003, for the purpose of casting votes in the City Election for the election of candidates for the following offices:
Four Councillors at Large: for the term of two years
Councillor of Wards One, Two, Three, Four, Five, Six, and Seven: for the term of two years
Three members of the School Committee: for the term of four years
And the following questions:
Question #1 – Adoption of a new Charter for the City of Salem
Question #2 - Local excise on Revenue from Tourist Related Attractions (non-binding)
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 Four
PRECINCT ONE Endicott School, 112 Boston Street
PRECINCT TWO Princeton Crossing, 12 Heritage Drive
Ward Five
PRECINCT ONE Temple Shalom, 287 Lafayette Street
PRECINCT TWO Community Room, Pioneer Terrace
Ward Six
PRECINCT ONE Bates School, Liberty Hill Avenue
PRECINCT TWO Recreation Dept., Mack Park
Ward Seven
PRECINCT ONE Fire Station, 64 Loring Avenue
PRECINCT TWO Salem State Gymnasium, Harrison Road
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.
#754 – COUNCIL OPPOSITION TO FUNDING REQUEST FOR GOLF COURSE EXPANSION STUDY
Councillor DeToma introduced the following Order.
ORDERED: That the Salem City Council go on record in opposition to a $50,000.00 funding request for a study relating to the proposed expansion of the Salem Golf Course.
Councillor O’Keefe moved that the matter be tabled. The motion was defeated by a roll call vote of 3 yeas, 8 nays, 0 absent. Councillors O’Leary, O’Keefe, and Furey were recorded as voting in the affirmative. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the negative.
Councillor Bencal moved the question. It was so voted.
Councillor O’Keefe moved to table the matter until December 11, 2003. The motion was defeated by a roll call vote of 3 yeas, 8 nays, 0 absent. Councillors O’Leary, O’Keefe, and Furey were recorded as voting in the affirmative. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the negative.
Councillor Bencal moved the question. It was so voted. Councillors O’Keefe, O’Leary, and Furey were recorded as “opposed”.
The Order was adopted as introduced by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillors Sargent, O’Leary, O’Keefe, and Furey were recorded as voting in the negative.
Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#755 – POSTPONE COMMITTEE OF WHOLE MEETING PENDING DELIBERATION OF GOLF COURSE STUDY COMMITTEE
Councillor Bencal introduced the following Order.
ORDERED: That the Committee of the Whole meeting scheduled for November 12, 2003, to discuss expansion of Olde Salem Greens be postponed pending the deliberation of the study committee.
Councillor Driscoll amended to extend to December 1, 2003. The motion was defeated by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Lovely, Harvey, Flynn, Driscoll, and DeToma were recorded as voting in the affirmative. Councillors Sargent, O’Leary, O’Keefe, Chuber, Bencal, and Furey were recorded as voting in the negative.
The Order was adopted as introduced by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors Flynn, Driscoll, and DeToma were recorded as voting in the negative.
#756 – ORDINANCE AMENDING TRAFFIC, ONE WAY STREET, NICHOLS 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
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 10, is hereby amended by deleting the following:
“Nichols Street, from South Street to Boston Street in a northerly direction.”
and inserting in place thereof the following:
“Nichols Street, from Butler Street to Boston Street, in a northerly direction, One Way Street.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#757 – PEABODY/ESSEX MUSEUM OUTSTANDING ISSUES SURROUNDING OCCUPANCY PERMIT
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development meet with the Mayor, the Peabody/Essex Museum Director, the Salem Redevelopment Authority, Design Review Board, Planning Board, City Planner, and Building Inspector to discuss and resolve the outstanding conditions and issues affiliated with the occupancy permit issued by the Building Inspector.
#758 – COUNCIL VOTE TO PRESERVE SALEM WOODS BY END OF SESSION
Councillor DeToma introduced the following Order, which was adopted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors O’Leary, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillors Sargent, O’Keefe, and Furey were recorded as voting in the negative.
Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the Salem City Council vote on the issue of the proposed expansion of the Salem Golf Course and the preservation of the Salem Woods in perpetuity no later than the last City Council meeting in December of 2003.
#759 – SOLICITOR REPORT ON RECORDING OF DEED FOR LAND ON CLARK AVE. CONTAINING CONSERVATION RESTRICTION
Councillor Sargent, in conjunction with Councillor Lovely and Harvey, introduced the following Order, which was adopted.
ORDERED: That the City Solicitor report back to the City Council as to the status of the recording of the Deed of Lot 11, Map 6 on City of Salem land, as Conservation Land with the Southern Essex Registry of Deeds. This land is located at the end of Clark Avenue and consists of 13.4 acres.
#760 – 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 approved.
TAG DAY Veterans of Foreign Ward, Nov. 9, 10, 11, 2003
SHS Cross Country, November 29, 2003
SHS Spanish Club, Oct. 24, 28, 29, 30, 31, 2003
SHS Ski Club, October 26, 2003
Disable American Veterans, May 28, 29, 30, 2004
TAXI OPERATOR John Houpes, 12 Cross St., Beverly
Miguel Castro, 76 Palmer St., Salem
PUBLIC GUIDE Alice Hernandez, 649 Plymouth St., Holbrook
Ann R. McDonald, 95 Audubon Rd., Wakefield
Mollie Steward, 74 Essex St., Apt. #3, Salem
Erin Leddy, 47 Bridge St., Salem
Tracy Majka, 243 7th Street, Apt. 2, Brooklyn, NY
Steven Walsh, 47 Bridge St., Salem
SEAWORM Jose Machado, 3 Emmett St., Peabody
Joe Mendonca, 22 Spring St., Peabody
SECOND HAND
VALUABLE Salem Coin & Jewelry, 149 North St.
TAXI CAB Family Car Service, 389 Derby St., (5 Taxi Cabs)
#761 – REPEAL OF PATRIOT ACT
Councillor O’Leary offered the following report for the Committee of the Whole. It was voted to accept the report.
Councillor O’Leary moved that the matter be tabled indefinitely. It was so voted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Flynn, DeToma, and Bencal were recorded as voting in the affirmative. Councillors Driscoll, Chuber, and Furey were recorded as voted in the negative.
The Committee of the Whole to whom was referred support for the repeal of the Patriot Act has considered said matter and would recommend that it be tabled indefinitely.
#762 – (#620) – MAYOR EXECUTE TAX AGREEMENT WITH NATIONAL GRID FOR SALEM HARBOR POWER PLANT
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 Tax Agreement between the City of Salem and National Grid has considered said matter and would recommend that the matter be referred to the full Council with no recommendation.
Councillor DeToma moved approval of the agreement as submitted by the Mayor. It was so voted.
#763 – (#473) – AGREEMENT FOR PROPERTY AT 18 CROMBIE STREET
Councillor Driscoll offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation 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.
Councillor Harvey requested and received unanimous consent to allow Mayor Usovicz to address the Council.
Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Community and Economic Development to whom was referred a tripartite agreement related to 18 Crombie Street has considered said matter and would recommend that the Council adopt same, subject to the following conditions:
1. Amendment of parking easement hours to Monday through Friday, 7:30 A.M. to 5:30 P.M.;
2. Parking space easement is non-assignable;
3. Redevelopment of 18 Crombie Street property to commence immediately upon transfer of the property;
4. Every effort be made to redevelop the property as affordable housing;
5. Any redevelopment of 18 Crombie Street must be done in accordance with historic preservation standards.
Councillor O’Leary assumed the Chair for President Furey. President Furey gave an oral report on the recent meeting regarding the proposed new City Charter.
President Furey resumed the Chair.
#764 – ESSEX STREET MALL RESIDENTS REQUESTING ORDINANCE PROHIBITING BICYCLES AND SKATEBOARDSON ESSEX STREET MALL
A communication from the residents of the Essex Street Mall Area, requesting that the City Council establish an Ordinance, which would prohibit bicycles and skateboards from the Essex Street Mall, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#765 – SALEM WOODS/GOLF COURSE AD HOC COMMITTEE EXTENTION FOR PRESENTATION
A communication from the members of the Salem Woods/Golf Course Ad Hoc Committee for an extension of time to make their presentation before the Committee of the Whole, was received and filed.
#766 - #770 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
FORTUNETELLING Gloria Ward, 12 Pearl Street, Salem
Linda Weinbaum, 18 Hancock Street, Salem
PUBLIC GUIDE Audrey R. Goldstein, 112 Valley Road, Needham
AnnMarie McDonald, 11 Whitman St., Weymouth
SECOND HAND
CLOTHING Samantha’s Boutique, 205 Essex St., Salem
SECOND HAND
VALUABLE Antiques at Museum Place, 114 Museum Place Mall
Army Barrack, 234 Essex St.
The Consignery, 293 Jefferson Avenue
Salem Used Furniture, 107 ½ Bridge Street
Saccon Jewelers, 131 Essex Street
TAXI CAB Tri-City Services, Inc., 55R Walnut Street, Peabody
#771 - #772 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Charles Angeramo, 25 Outlook Avenue, Salem
Atty. Kevin T. Daly (for Boris Abel), 32 Church Street, Salem
(#712) – SECOND PASSAGE – ORDINANCE AMENDING STORAGE OF TRAILERS AND RECREATIONAL VEHICLES
The matter of second and final passage of an Ordinance amending the storage of trailers and recreational vehicles was then taken up. The Ordinance was referred to the Committee on Public Health, Safety, and the Environment.
(#713) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, SEC. 50B, HANDICAP PARKING, HARBOR STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Harbor Street, was then taken up. The Ordinance was adopted for second and final passage.
(#714) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, SEC. 57A, PARKING TIME LIMITED, BRIDGE STREET
The matter of second and final passage of an Ordinance amending Traffic, Parking Time Limited, Bridge Street, was then taken up. The Ordinance was adopted for second and final passage.
(#717) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, SEC. 75 RESIDENT STICKER PARKING LINDEN STREET & SEC. 50A – HANDICAP PARKING ON CYPRESS STREET
The matter of second and final passage of an Ordinance amending Traffic, Resident Sticker Parking on Cypress Street and Linden Street and Handicap Parking on Cypress Street was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Flynn, the meeting adjourned at 10:25 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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