A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 10, 2004 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 3, 2004, at 3:36 P. M.
All Councillors were recorded as present.
Councillor Sosnowski was recorded as leaving early.
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.
#349 –APPT. REGINA R. FLYNN, LICENSING BOARD
The Mayor’s appointment of Regina R. Flynn to serve as a member of the Licensing Board, for a term to expire July 1, 2009.
Councillor O’Leary moved the appointment was out of order, return it to the Mayor.
Councillor O’Keefe challenged the chair and asked for a roll call vote. A Yea vote moves the matter out of order.
A roll call vote was then taken as follows: 6 yeas, 5 nays, 0 absent, the matter was ruled out of order and return it to the Mayor. Councillors Bencal, Harvey, Lovely, Pelletier, Sosnowski and O’Leary were recorded as voting in the affirmative. Councillors Corchado, Furey, O’Keefe, Sargent and Veno were recorded as voting in the negative.
Councillor Harvey moved that a letter and City seal be sent to Denise Flynn. It was so voted.
#412 – REAPPT. LANCE KASPARIAN, HISTORICAL COMMISSION
The Mayor’s reappointment of Lance Kasparian to serve as a member of the Historical Commission for a term to expire Mary 1, 2007 was confirmed.
#413 – APPR. TO HUMAN RESOURCES – WORKERS COMPENSATION
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Sixty Thousand Dollars ($60,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation-Free Cash” Account to the “Human Resources – Workers Compensation – Medical Expenses” Account in accordance with the recommendation of His Honor the Mayor.
#414 – TRANSFER TO FIRE DEPT. – PURCHASE OF SERVICES
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Three Thousand Two Hundred Seventy-Five Dollars ($3,275.00) is hereby transferred from the “Fire Department – Salaries – Full Time” Account to the “Fire Department – Purchase of Services” Account in accordance with the recommendation of His Honor the Mayor.
#415 – LETTER FROM MASSACHUSETTS HIGHWAY RE: NEEDED REPAIRS TO SALEM/BEVERLY BRIDGE
The letter from Massachusetts Highway regarding needed safety improvements to the Salem/Beverly Bridge submitted by the Mayor, was referred to the Committee on Public Health, Safety and Environment.
#416 – CITY COUNCIL MEETINGS FOR THE MONTHS OF JULY AND AUGUST
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the regular meetings of the City Council for the months of July and August 2004, be combined and held on Thursday, July 15, 2004 at 7:00 P.M.
#417 – SAFETY ISSUES AT THE INTERSECTION OF DERBY ST, CONGRESS ST. AND HAWTHORNE BLVD.
Councillor Corchado introduced the following Order.
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss safety issues regarding the intersection of Derby St., Congress St. and Hawthorne Blvd. and the feasibility of installing traffic lights.
And that the following be invited, representatives of the Planning Dept., John Giardi City Electrician, Mr. Steven O’Donnell or representative of Massachusetts Highway Department and Capt. Callahan.
Councillor Pelletier amended that a traffic study be done. It was so voted.
Councillor Lovely amended that a copy of this order be sent to Senator Berry. It was so voted.
The Order was adopted as amended as follows:
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss safety issues regarding the intersection of Derby St., Congress St. and Hawthorne Blvd. and the feasibility of installing traffic lights and that a Traffic Study be done.
And that the following be invited, representatives of the Planning Dept., John Giardi City Electrician, Mr. Steven O’Donnell or representative of Massachusetts Highway Department and Capt. Callahan. Also, that a copy of this order be sent to Senator Berry.
#418 – CREATE A CIRCULAR BERM ON DEARBORN LANE
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the City Engineer, Police Chief and residents of Dearborn Lane meet with the Committee on Public Health, Safety and Environment relative to the creation of a circular berm to be placed in the middle of Dearborn Lane.
#419 – DUMPING OF RAILROAD TIES ALONG NORTH RIVER
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Conservation Commission begin an investigation into the dumping of new and used railroad ties along the North River, by Harmony Grove Road.
Further, that the Conservation Commission immediately begin enforcement and legal action, if deemed appropriate, and report to the Committee on Public Health, Safety and Environment of their findings and actions within thirty days.
#420 – CITY OF SALEM PROMOTE MASSACHUSETTS SALES TAX HOLIDAY
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the City of Salem promote the Massachusetts Sales Tax Holiday, to be held on August 14, 2004 as Shop Salem First Tax Free Day and coordinate with the Salem Chamber of Commerce and the Salem Main Streets Initiative to encourage Salem residents and tourists to shop Salem first on August 14, 2004.
#421 – COMMONWEALTH’S SMART GROWTH PRINCIPLES
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Mayor and the Planning Department be invited to appear before the Committee on Community and Economic Development relative to the Commonwealth Capital Program which is being administered by the Office of Commonwealth Development on smart growth principles.
Also, that the Salem City Council, upon review of said information, go on record as being supportive of these initiatives and pledge their cooperation and assistance to the administration in these endeavors.
Councillor Harvey takes the chair.
#422 – DISMISSAL OF LAWSUIT ENTITLED NONDAS LAGONAKIS VS. CITY OF SALEM
Councillor O’Leary introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the Mayor, the Chairperson of the Planning Board, Chairperson of the Board of Appeals, City Solicitor and former City Solicitor appear before the Committee on Community and Economic Development to explain their respective roles in the matter of dismissal of the lawsuit entitled Nondas Lagonakis vs. City of Salem.
In particular, said explanation shall include the legality of the Mayor signing a Memorandum of Understanding without Council approval.
#423 – MEET WITH CROMBIE STREET OUTREACH PERSON
Councillor Sargent introduced the following, which was adopted.
ORDERED: That the Committee on Government Services meet with the outreach person from the Crombie Street Shelter to discuss the manner in which the outreach person carries out his or her duties, and a member of the Police Department to discuss downtown patrols.
And that the following people be invited, Mayor’s Aid Kate Sullivan, Crombie Street Church outreach person, a member of the Salem Police Department. This meeting will be held on Tuesday, June 15th, 2004 at 6:00 P.M.
#424 – (#328, #395 - #399) 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 approval.
PUBLID GUIDE Shane Bell, 17 Lemon St., #R2, Salem
Crystal Boschard, 17 Lemon St., #R2, Salem
William A. Grover, 84A Pollard St., Billerica
PUBLIC GUIDE
CONTINUED Betsy V. Jackson, 62 Basse Rd., Lynn
Jacqui Newman, 61 Washington St., Wellesley
TAG DAY S.H.S. Girls Soccer, Sept. 4, & Oct. 23, 2004
TAXI OPERATOR Magnolia Pimentel, 14 Harrison Ave., Salem
Paul J. Ruzzo, 169 Lowell St., Peabody
Douglas Stephens, 9 Park St., #30, Beverly
Renee Tennison, 25 Roslyn St., #4, Salem
FORTUNETELLING Shawn Poirier, 64 Beaver St., Salem
#424A – ORDINANCE AMENDING USE OF MOTOR CYCLES, MOTORBIKES ETC.
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 the matter of an Ordinance amending Chapter 24, Section 20, relative of use of motorcycles, motorbikes, snowmobiles, trail bikes and other two, three, and four wheeled vehicles, has considered said matter and would recommend adoption for first passage as follows:
In the year two thousand and four
An Ordinance to amending Chapter 24, Section 20, relative of use of motorcycles, motorbikes, snowmobiles, trail bikes and other two, three, and four wheeled vehicles
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24, Section 20, subsection (a) is hereby amended by adding the following:
(a) Generally.
It shall be unlawful for any person to operate a motorcycle, motorbike, snowmobile, trail bike, motor scooter, gopeds, ATV’s or any other motorized two, three, or four wheeled vehicles under 50cc’s, under the following circumstances:
(2) On City Streets and sidewalks, on public school grounds, public property, park property, playgrounds, conservation areas, wetland area, recreational areas, historic fort areas including Fort Lee and Fort Pickering, and golf courses without express provision or permission to do so in writing by the proper public authority.
Section 2. This Ordinance shall take effect as provided by City Charter.
#425 – SALEM MISSION PURCHASING ST. MARY’S CHURCH
Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and the recommendation was adopted.
The Committee on Community and Economic Development to whom was referred the matter of the plans of the Salem Mission purchasing the St. Mary’s Church, has considered said matter and that it be referred to the Committee of the Whole.
#426 – (#362) – AGREEMENT BETWEEN CITY OF SALEM AND ONE COUSINS STREET REALTY TRUST
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 matter of an Agreement between the City of Salem and Cousins Realty Trust, has considered said matter and would recommend that the matter be reported to the full Council for their consideration with a positive recommendation. The matter was so voted.
#427 – COMMUNICATION FROM COUNCIL PRESIDENT FOR DATE OF PUBLIC HEARING FOR HILLSIDE ROAD
A communication from Council President O’Leary confirming June 10th 2004 to hold a Public Hearing on the discontinuance of Hillside Road, was received and placed on file.
#428 – JOINT POLE LOCATION ON SCENIC TERRACE
A hearing was ordered for June 24, 2004 on the petition from Verizon and Massachusetts Electric Company for a joint pole location on Scenic Terrace.
#429 – #430 - BLOCK PARTIES
The following request for Block Parties were granted.
Buchanan Road, July 3, 2004
Orchard Street, July 18, 2004
#431 – USE OF CITY STREET FOR THE MASS. RED RIBBON BIKE RIDE
The request from Robbie Samuels of Mass Red Ribbon Ride to use Salem Streets to hold a Bike ride on Sunday, August 15, 2004, was granted.
#432 - COMMUNICATION FROM THE ARCHIDIOCESE REGARDING POSSIBLE SALE OF CHURCH PROPERTY
A communication from the Reverend Christopher J. Coyne of the Archdiocese of Boston inviting City Council to meet at the St. John’s Seminary on Thursday, June 24, 2004 at 8:30 A.M., to discuss the possible sale of church property, was referred to the Committee on Administration and Finance and Committee on Community and Economic Development.
#433 – #438 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAXI OPERATOR Karen Milaszewski, 251 Newbury St., Peabody
Wilson A. Pena, 63 Salem St., Salem
Jose Perez, 37 Ward St., Salem
Edwin Smith, 466 Newbury St., Peabody
Edward J. Tracchia Jr., 31 Rockdale Ave., Peabody
TAG DAY MA Renegades AAU Basketball Club, June 26, 2004
Salem High School Gymnastics Team, Nov. 6, 2004
VFW Post 1524, Nov. 11, 12 & 13, 2004
VFW Post 1524, May 26, 27 & 28, 2005
#439 - #441 - CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Melvin A. Karas, 89 Kensington Lane, Swampscott
Paul J. Moran, 1 Broad St., Salem
Jeffrey Schiller, 4 Taft St., Marblehead
(#88) – ORDINANCE AMENDING SOLID WASTE MANAGEMENT PICKUP OF LARGE ITEMS
The matter of second and final passage of an Ordinance amending Chapter 36, Section 4, relative to Solid Waste Management Pickup of Large Items, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded in the negative. Councillor Sosnowski was recorded as absent.
(#318) – ORDINANCE RELATIVE TO PUBLIC EVENT NOTIFICATION
The matter of an Ordinance relative to Chapter 2, Section 113, Administration, Meeting and Public Event Notification was referred to the Committee on Administration and Finance.
(#90A) – ORDINANCE ESTABLISHING FEES FOR ENGINEERING AND RESEARCH OF STREETS, SEWERS AND STRUCTURES
The matter of second and final passage of an Ordinance amending Chapter 38, Section 64, relative to establishing fees for Engineering and Research of Streets, Sewers and Structures, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded in the negative. Councillor Sosnowski was recorded as absent.
(#90B) – ORDINANCE AMENDING PERMIT FEE; CASH DEPOSIT
The matter of second and final passage of an Ordinance amending Chapter 38, Section 195, Permit Fee; cash deposit, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded in the negative. Councillor Sosnowski was recorded as absent.
(#90C) – ORDINANCE AMENDING DRAINAGE ALTERATION PERMITS
The matter of second and final passage of an Ordinance amending Chapter 38, Section 288, Drainage Alteration Permits, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded in the negative. Councillor Sosnowski was recorded as absent.
(#90D) – ORDINANCE AMENDING APPLICATION TO CONTAIN COST INFORMATION
The matter of second and final passage of an Ordinance amending Chapter 38, Article III, Application to Contain Cost Information, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded in the negative. Councillor Sosnowski was recorded as absent.
(#90E) – ORDINANCE AMENDING PIPES, RESERVOIRS AND FIRE HYDRANTS CONNECTED WITH WATERWORKS
The matter of second and final passage of an Ordinance amending Chapter 46, Section 34, Pipes, Reservoirs and Fire Hydrants connected with waterworks, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded in the negative. Councillor Sosnowski was recorded as absent.
(#90F) – ORDINANCE AMENDING SUBSECTION (A) (2) REGULATIONS GOVERNING INTRODUCTION AND USE OF WATER RATES AND CHARGES
The matter of second and final passage of an Ordinance amending Chapter 46, Section 34, subsection (a) (2), Regulations Governing Introduction and Use of Water Rates and Charges, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded in the negative. Councillor Sosnowski was recorded as absent.
(#90G) – ORDINANCE AMENDING SUBSECTION (A) (10) REGULATIONS GOVERNING INTRODUCTION AND USE OF WATER SERVICE FEES FOR PROPERTY OWNERS
The matter of second and final passage of an Ordinance amending Chapter 46, Section 34, subsection (a) (10), Regulations Governing Introduction and Use of Water Service Fees for Property Owners, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded in the negative. Councillor Sosnowski was recorded as absent.
(#90H) – ORDINANCE AMENDING CROSS CONNECTION CHARGES
The matter of second and final passage of an Ordinance amending Chapter 46, Section 76, Cross Connection Charges, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded in the negative. Councillor Sosnowski was recorded as absent.
On the motion of Councillor Sargent the meeting was adjourned at 8:05 P.M.
ATTEST: CHERYL A. LAPOINTE
ACTING CITY CLERK
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