Skip Navigation
This table is used for column layout.
MINUTES FEBRUARY 26, 2004


A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 26, 2004 at 7:05 P.M. for the purpose of transacting any and all business.  Notice of this meeting was posted on February 20, 2004 at 11:07 A. M.

        All Councillors were present.

        Council President Leonard F. O’Leary presided.

        Councillor Sargent moved to dispense with the reading of the record of the previous meeting.  It was so voted.

        President O’Leary requested that everyone please rise to recite the Pledge of Allegiance.

#125 – APPT. DONNA CLIFFORD, COUNCIL ON AGING

        The Mayor’s appointment of Donna Clifford to serve as a member of the Council on Aging Board for a term to expire February 1, 2007 was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.  

        Councillor  Bencal requested and received unanimous consent to suspend the rules to allow Ms. Clifford to speak.

Councillor Harvey moved a City Seal to Mrs. Fusco.  It was so voted.


#126 – APPT. FRANKLIN J. HALL, CONSTABLE

        The Mayor’s appointment of Franklin J. Hall to serve as a Constable for a term to expire January 11, 2007, was received and filed.



#127 – APPR.  FIRE DEPARTMENTS, SALARIES FULL TIME

The following Order, recommended by the Mayor, was adopted under suspension of the rules.

ORDERED:  That the sum of One Hundred Fifty-Three Thousand Six Hundred Twenty-four Dollars and fifty cents ($153,624.50) is hereby appropriated

from the “Fund Balance Reserved for Appropriation-Free Cash” Account to the “Fire Department Salaries-Full Time” Account in accordance with the recommendation of His Honor the Mayor.


#128 – APPR. FIRE DEPARTMENT – RETIREMENT ANTICIPATION

The following Order, recommended by the Mayor, was adopted under suspension of the rules.

Councillor Harvey moved a City Seal to Captain Brophy.  It was so voted.

ORDERED:  That the sum of Fifty-Nine Thousand Three Hundred Nine Dollars and ten cents ($59,309.10) 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.

#129 – APPR. FIRE DEPARTMENT-RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules.

Councillor Harvey moved a City Seal to Captain Brophy.  It was so voted.

        ORDERED:  That the sum of Thirty-Four Thousand One Hundred Nineteen Dollars and thirty-four cents ($34,119.34) is hereby appropriated from the “Fund Balance Reserved for Appropriation-Free Cash” Account to 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.


#130 – APPR.  VETERANS SERVICES-VETERANS BENEFITS-IN STATE TRAVEL

The following Order, recommended by the Mayor, was adopted under suspension of the rules.

ORDERED:  That the sum of Thirteen Thousand Dollars ($13,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation-Free Cash” Account to the following “Veterans Services” Accounts: “Veterans Benefits” ($10,000.00) and “In State Travel” ($3,000.00) in accordance with the recommendation of His Honor the Mayor.


#131 – APPR.  CEMETERY-BURIAL

The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance, under the rules.

ORDERED:   That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Receipts Reserved-Cemetery-Sale of Lots” Account to the “Cemetery-Burial” Account in accordance with the recommendation of His Honor the Mayor.


#132 – APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION

The following Order, recommended by the Mayor, was adopted under suspension of the rules.

Councillor Harvey moved a City Seal for Bonnie Keene Reale.  It was so voted.

ORDERED:   That the sum of Six Thousand Five Hundred ThirtyFour Dollars and forty-one cents ($6,534.41) is hereby appropriated from the “Fund Balance Reserved for Appropriation-Free Cash to the “Fire Department-Retirement Anticipation” Account in accordance with the recommendation of His Honor the Mayor.


#133 – APPR. ELECTIONS AND REGISTRATION-SALARIES OVERTIME

The following Order, recommended by the Mayor, was adopted under suspension of the rules.

ORDERED:  That the sum of Two Thousand Five Hundred Dollars ($2,500.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation-Free Cash” Account to the “Elections and Registrations-Salaries-Overtime” Account in accordance with the recommendation of His Honor the Mayor.







#134 – PERMANENT USE OF EASEMENT TO PALMER COVE YACHT CLUB, CERTAIN FLATS

        The following Order, recommended by the Mayor, was referred to the Committee on Public Health Safety and Environment.  

        Councillor Harvey was recorded as “opposed”.  

        ORDERED:  That the City Council adopts and authorizes the Mayor to grant on behalf of the City of Salem a permanent use easement to Palmer Cove Yacht Club of certain flats owned by the City.


#135 – 60 DAY TRIAL PERIOD, FLINT STREET

        Councillor Bencal introduced the following Order, which was referred to the Committee on Public Health, Safety and Environment.

        ORDERED:  That the Police Traffic Division institute the following traffic regulations for a trial period of up to 60 days.

        Flint Street, northbound at the intersection with Mason Street, 3 way stop sign, 60-day trial period.


#136 – FIRST PASSAGE, ORDINANCE, TRAFFIC, STOP SIGN, HAZEL STREET

        Councillor Veno introduced the following Ordinance, which was adopted for first passage.

        In the Year two thousand and four

        An Ordinance to amend an Ordinance relative to Traffic, Obedience to 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:

        “Hazel Street, northbound at the intersection with Ocean Avenue, Stop Sign.”


#137 – FIRST PASSAGE, ORDINANCE, TRAFFIC, PARKING PROHIBITED, RAYMOND AVENUE

        Councillor O’Keefe in conjunction with Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.

        In the year two thousand and four

        An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited at Certain Times on Certain Streets

        Be it ordained by the City Council of the City of Salem, as follows:

Section 1.  Chapter 42, Section 51B Raymond Avenue, is hereby amended by deleting in it’s entirety and inserting in place thereof the following:

        “Raymond Avenue both sides of the street from Lafayette Street to #22 Raymond Avenue, “No Parking Monday through Friday, 8:00 A. M. to 5:00 P. M. Except Holidays.”  


#138 – PLANNING DIRECTOR FORWARD A MONTHLY REPORT TO THE CITY COUNCIL

        Councillor Bencal introduced the following Order, which was adopted.

        ORDERED:  That the Assistant Planning Director provide the City Council a report which details the status of each grant application made, also detail actions to be taken on subsequent grants.

        Further, that this report be forwarded on a monthly basis a required by the City of Salem’s Code of Ordinances, Section 30-97 paragraph c (5).


#139 – FIRST PASSAGE, ORDINANCE, HANDICAP PARKING, RAYMOND AVENUE

        Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.

        In the year two thousand and Four

        
An Ordinance to amend an Ordinance relative to Traffic, Handicap Parking

        Be it ordained by the City Council of the City of Salem, as follows:

        Section 1.  Chapter 42, Section 50B, is hereby amended by adding the following:

        “Raymond Avenue, in front of #23 for a distance of twenty (20) feet.  Handicap Parking Tow Zone.”


#140 – DPW DIRECTOR RESURFACE RAYMOND ROAD

        Councillor Harvey in conjunction with Councillor O’Keefe introduced the following Order, which was adopted.

        ORDERED:  That the Department of Public Works Director immediately work to resurface Raymond Road as soon as the pits are open in the spring.

        Also that the DPW Director seek reimbursement from the parties that have torn it up.  And the DPW Director report back the next Council meeting.


#141 – CABLE COMMISSION BE ESTABLISHED

        Councillor Lovely, introduced the following Order.

        ORDERED:  That the Mayor be requested to re-establish a Cable Commission to address contracts, complaints, etc. for the convenience of the citizens of Salem, and that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs for discussion and review.

        Councillor O’Keefe amended to invite SATV regarding more cameras and Assistant Solicitor Gilbert.

        The Order was adopted and shall now read as follows:

ORDERED:  That the Mayor be requested to re-establish a Cable Commission  to address contracts, complaints, etc. for the convenience of the citizens of Salem, and that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs for discussion and review.  Also invite SATV regarding more cameras and Assistant Solicitor Gilbert.


#142 – COMMITTEE MEET RE: DOG PARK

        Councillor Bencal in conjunction with Councillor Sosnowski introduced the following Order, which was adopted.

        ORDERED:  That the Dog Park Advisory Committee, the Director of Park and Recreation Department, the Animal Control Officer, Dr. Elizabeth Brandt of the Federal Street neighborhood Association, and the Mayor or his representative be invited to appear before the Committee on Public Health, Safety and Environment on March 9, 2004 at 6:00 P. M. to discuss the creation of a dog park in the City of Salem.


#143 - (#70, #113-#118) -  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 approval.

FORTUNETELLING STORE    Angelica of the Angels, 7 Central St.
                                        The Goddess’ Treasure Chest

FORTUNETELLING          Sylvia Martinez, 7 Derby Square, Salem                  
TAG DAY                         S.H.S. Baseball, April 17, 2004
                                        Salem Little League, May 8, 2004
                                        Salem Little League, June 19, 2004

TAXI OPERATOR                   Juan Baez, 18 Lawton Ave., Lynn
                                        George J. Cady, 11 Arthur St., Salem
                                        Ramon Guerrero, 43 Prince St., Salem

TAXI CAB        Tri-City Services, Inc., 55 R Walnut St., Peabody






#144 – (#84) – APPR. PUBLIC PROPERTY-SNOW AND ICE REMOVAL AND SALARIES OVERTIME

        Councillor Harvey 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 appropriation of $50,000 from Free Cash to Public Services-Snow and Ice Removal and Salaries Overtime has considered said matter and would recommend adoption.

#145 – (#87) -  XEROX, 5 YEAR CONTRACT TO LEASE

Councillor Harvey 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 authorizing the Purchasing Agent to enter into a 5 year contract with Xerox to lease a new copier has considered said matter and would recommend adoption.

#146 – (#83) – APPR. HUMAN RESOURCES-WORKMEN’S COMPENSATION

Councillor Harvey 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 appropriation of $134,606.00 from Free Cash to Fire Department to Human Resources-Workmen’s Compensation has considered said matter and would recommend approval.

#147 – (#85) – TRANS. PUBLIC SERVICES-CONTRACTED SERVICES

Councillor Harvey 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 transfer of $23,015.29 from Public Services-Salaries Full Time to Public


Services-Contracted Services has considered said matter and would recommend approval.


#148 – (#56) – ORDINANCE, AMENDING CHAPTER 30, SECTION 170, ESSTABLISH AN INSTITUTIONAL MASTER PLAN

        Councillor Lovely offered the following report for the Committee on Community and Economic Development.  It was voted to accept the report and adopt the recommendation.

        The Committee on Community and Economic Development to whom was referred an Ordinance to establish an Institutional Master Plan has considered said matter and would recommend that the matter be approved for first passage and be referred back to the Committee and be reported out for second passage at the next Council meeting.


#149 – (#719 of 2002) – ABANDON PAPER STREET, HILLSIDE ROAD

        Councillor Lovely offered the following report for the Committee on Community and Economic Development.  It was voted to accept the report and adopt the recommendation.

        The Committee on Community and Economic Development to whom was referred the abandonment of a paper Street, Hillside Road has considered said matter and would recommend that the street be abandoned and that the appropriate city departments take such action.

#150 (#412 & 412A) -  COMMUNICATION RE: PAWNBROKER ORDINANCE

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 a Pawnbroker’s Ordinance has considered said matter and would recommend that the attached letter be referred to the Committee on Ordinances, Licenses and Legal Affairs to be filed with the Pawnbroker Ordinance.




#151 – (#62) – RAILROAD CARS ON BRIDGE STREET

        Councillor Sargent offered the following report for the Committee on Government Services.  It was voted to accept the report and adopt the recommendation.

        The Committee on Government Services to whom was referred the matter of railroad cars on Bridge Street has considered said matter and would recommend that the matter remain in Committee.

#152  - WALK-A-THON, WOMAN’S CONCERN, JUNE 26, 2004

        A request from Susanna Brennan of a Woman’s Concern to hold a Walk-A-Thon on June 26, 2004, was referred to the Committee on Ordinances, Licenses & Legal Affairs.
        
#153 – FUNDRAISING BIKE RIDE, BOSTON MED FLIGHT

        A request from Kevin Wilkins of Boston Med Flight to hold a fundraising bike ride on June 27, 2004, was granted with the condition that it has Police and  Fire Department approval.

#154 – 160 – LICENSE APPLICATIONS

        The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.


TAG DAY         S.H.S. Girls Softball, April 24 & May 15, 2004
                        Veterans of Foreign Wars Post, 1524, May 19, 20 21, 2004
                        Salem Pop Warner, August 7 and 21, 2004
                
PUBLIC          Hannah Diozzi, 20 Pleasant St., Salem
GUIDE           James McAllister, 86 Federal St., Salem

SECOND HAND     Filigree & Fancy, Wharf St., Bldg. C., Salem
VALUABLE

TAXI OPERATOR   Victoriano Santana, 49 Harbor St., Salem
                Domingo Perez, 12 Pope St., Salem
                        Hipolito Ozoria, 49 Harbor St., Salem
                        Ike P. Silverhardt, 29 Broadway, Beverly


#161 - #163 – CLAIMS

        The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.

                        David M. Delaney, 169 Loring Ave., Salem
                        John Gigliello, 4 Christopher Terr, Peabody
                        Jay Levy (Trustee), 145 Cabot St., Beverly

#164 – BOND

        The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
        
CONSTABLE       Franklin J. Hall, 76 Chase St., Beverly


(#94) – SECOND PASSAGE, ORDINANCE, TRAFFIC, HANDICAP PARKING, 1 BUTLER STREET

        The matter of second and final passage of an Ordinance, amending Traffic, Chapter 42, Section 50B, Handicap Parking, #1 Butler Street, was then taken up.

        The Ordinance was adopted for second and final passage.


(#107A) – SECOND PASSAGE, ORDINANCE, TAXI CAB FARES

        The matter of second and final passage of an Ordinance, amending Chapter 44, Section 38, Fares Established, Taxi Cabs, was then taken up.

        The Ordinance was adopted for second and final passage.

        Councillor O’Leary was recorded as “opposed”.


On the Motion of  Councillor Sargent  the meeting adjourned at 8:00 P. M.



ATTEST:                                 DEBORAH E. BURKINSHAW
                                                CITY CLERK