A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 23, 2004 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 16, 2004 at 6:52 P.M.
All Councillors were present.
Council President Leonard F. O’Leary presided.
Councillor Veno 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.
#623 – JOINT POLE LOCATION ON LAURIER ROAD
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint owned pole on Laurier Road. Appearing in favor was Mr. McEnaney from Verizon. There was no one opposed. The hearing was closed. The permit was granted.
#624 – CONDUIT ON ESSEX STREET
A hearing was held on the Order of Comcast for a conduit on Essex Street. Appearing in favor was Mr. David Falling from Comcast. There was no one opposed. The hearing was closed. The permit was granted.
#625 – APPT. CAROL A. RAINVILLE TO BOARD OF HEALTH
The Mayor’s appointment of Carol A. Rainville to serve on the Board of Health for a term to expire February 1, 2007, was confirmed under suspension of the rules by 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. Rainville to speak.
#626 – APPT. HANNAH DIOZZI TO HISTORICAL COMMISSION
The Mayor’s appointment of Hannah Diozzi to serve on the Historical Commission for a term to expire September 25, 2007, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Ms. Rainville to speak.
#627 – APPT. EDWARD MORIARTY TO BOARD OF APPEAL
The Mayor’s appointment of Edward Moriarty to the Board of Appeal for a term to expire May 1, 2005, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#628 – THOMAS ST. PIERRE AS DIRECTOR OF PUBLIC PROPERTY / INSPECTOR OF BUILDINGS / ZONING ENFORCEMENT OFFICER
The Mayor’s appointment of Thomas St. Pierre to serve as the Director of Public Property / Inspector of Buildings and Zoning Enforcement Officer, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Bencal requested and received unanimous consent to suspend the rules to allow Mr. St. Pierre to speak.
#629 – #630 - REAPPT. CONSTABLES
The Mayor’s reappointment of the following Constables for terms as designated was received and filed.
Cynthia H. Bourgault, 19 Belleau Rd., Salem, term to expire Oct. 5, 2007
Cecilia G. Cordero, 14 Lynch St., Salem, term to expire Sept. 18, 2005
#631 – AN ACT ESTABLISHING A PRESUMPTION RELATIVE TO THE DISABILITY RETIREMENT OF CERTAIN FIREFIGHTER
The following Order was received from the Mayor, after the deadline of Tuesday Noon. Councillor Harvey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
Ordered: that a petition to the General Court, accompanied by a bill, notwithstanding Chapter 32 of the General Laws as set forth below, establishing a presumption relative to the disability retirement of a certain firefighter in the City of Salem, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section (8) of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for editorial changes of form only:
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Mr. O’Leary, president of the Firefighters Union to speak.
Emergency Preamble: That the City Council declares the following Order regarding the presumption relative to the disability retirement of a certain firefighter in the City of Salem as an emergency involving the health, safety and welfare of the people, as an emergency, said Order shall be allowed to pass finally (first and second passage) at this meeting.
City Council declared the order an emergency to allow the Act to pass for first and second passage.
Councillor Harvey moved adoption for first passage. It was so voted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Harvey moved adoption for second and final passage. It was so voted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
AN ACT ESTABLISHING A PRESUMPTION RELATIVE TO THE DISABILITY RETIREMENT OF CERTAIN FIREFIGHTER IN THE CITY OF SALEM
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. Notwithstanding Chapter 32 of the General Laws or any other general or specific law to the contrary affecting the non-contributory or contributory retirement system in the Commonwealth, any condition of impairment of health caused by Hepatitis C resulting in total or partial disability or death to William Hudson, a uniformed member of the paid fire department of the City of Salem, shall, if he successfully passed a physical examination on entry into such service or subsequently passed a physical examination, which examination failed to reveal any evidence of such condition, be presumed to have been suffered in line of duty, unless the contrary is shown by competent evidence.
Section 2. For the purposes of determining the order of persons on eligible lists pursuant to Section 26 of Chapter 31 of the General Laws, the presumption established under this Act shall not apply to the death or disability of this firefighter whose son or daughter is eligible for appointment.
Section 3. The presumption established under this Act shall not apply to the death of this firefighter for which a pension is provided under Section 100 of Chapter 32 of the General Laws.
Section 4. The presumption established under this Act shall not apply to eligibility for the $100,000.00 killed in the line of duty benefit provided under Section 100A of Chapter 32 of the General Laws.
Section 5. This Act shall take effect upon its passage.
#632 – COMMITTEE ON PUBLIC HEALTH, SAFETY & ENVIRONMENT MEET TO DISCUSS POTENTIAL OF SALEM HARBOR USED AS L.N.G. PORT
Councillor Harvey introduced the following Order which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet with Keyspan and all appropriate Boards and Department Heads to discuss the potential use of Salem and or Beverly Harbor as an LNG (Liquid National Gas) terminal or port.
#633 – CITY OF SALEM GRANT A USE LICENSE TO 7 IRVING STREET
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the City of Salem grant a use license to the property located at 7 Irving Street to Ms. Viana Abreu of 23 Grove Street subject to the following conditions:
1) All conditions as set forth in the license agreement between Raymond and Barbara Haight and the City of Salem for 7 Irving Street be part of this agreement except,
2) The license shall be issued for the balance of the 50 year term
3) In addition to the annual license fee the licensee shall pay a one time fee of $75.00 for the recording at the South Essex Registry of Deeds.
#634 – COMMITTEE MEET REGARDING TESTING OF BEACHES
Councillor Harvey and Corchado introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet with the Salem Sound Coast Watch and the Health Agent to discuss the water testing of the Salem Beaches.
#635 - ORDINANCE AMENDING PUBLIC EVENT NOTIFICATION
Councillor Bencal 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 Public Even Notification
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Section 113 is hereby amended by adding the following:
Further, that an agenda of said meeting shall be forwarded via electronic mail to each City Councillor and at the electronic mail address on record with the City Clerk at the earliest possible time but at least forty-eight hours, including Saturdays but not Sundays or legal holidays, prior to such meeting. For
Councillors without electronic mail, delivery to the City Clerk shall be deemed to satisfy this requirement with an additional hard copy to the City Clerk also.
Section 2. This Ordinance shall take effect as provided by City Charter.
#636 - ORDINANCE AMENDING TRAFFIC, STOP SIGN ON RAND ROAD
Councillor Bencal 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, 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:
Rand Road, in a westerly direction at the intersection with Felt Street. “Stop Sign”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#637 - ORDINANCE AMENDING TRAFFIC, STOP SIGN ON FELT STREET
Councillor Bencal 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, 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:
Felt Street, in a northerly direction at the intersection with Orne Street. “Stop Sign”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#638 - ORDINANCE AMENDING TRAFFIC, NO TRUCKS ALLOWED OAKLAND STREET
Councillor Bencal 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, No Trucks allowed
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 45 is hereby amended by adding the following:
Oakland Street, from North to Highland Street. “No Trucks Allowed”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#639 – COMMITTEE MEET BOARD OF APPEAL GRANTING VARIANCES
Councillor O’Keefe introduced the following Order, which was adopted as amended.
ORDERED: That the Committee of the Whole meet with the City Solicitor, Assistant Solicitor, Chairperson of the Board of Appeal, Salem Building Inspector, Chairman Salem Planning Board, Salem Director of Planning and Community Development on the legality of the Salem Board of Appeal to grant variances of more than one dwelling on a lot, minimum lot area per dwelling, minimum distance between buildings on a lot and from parking regulations which allows exterior parking in R-1 or R-2 districts.
Councillor Sargent amended by adding that use variances that cross one zone to another was adopted.
#640 – (#606 - #609) – GRANTING CERTAIN LICENSES
Councillor O’Keefe offered the following report of 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.
TAXI OPERATOR Eric McKinnon, 57A Northend St., Peabody
Steven W. Farris, 490 Rantoul St., Beverly
Jody Bottari, 52 Harbor St., Salem
Eric Sayers, 370 Ocean Ave., Revere
Scott Rowinsky, 466 Newbury St., Danvers
Amelia Rodriguez, 8 Porter St. Ct., Salem
Marc Mc Donald, 6 Monroe St., Salem
Jose Miguel Nunez, 24 Ward St., Salem
Daniel Collado, 29 Dracut St., Lawrence
Roberto A. Disla, 59 Harbor St., Salem
Michael d. Buckley, 15 Bellair St., Lynn
Sean McKinnon, 8 Bayview Ave., Danvers
Juan J. Toribio, 6 Prince St., Salem
Steven M. Talbot, 30 Livingstone Ave., Beverly
Ramon DeLeon, 38 Palmer St., Salem
Richard Beaulieu, 67 Veterans Memorial Dr.,
Peabody
Peter Jermyn, 233 Lafayette St., Salem
William Lafontant, 101 Rantoul St., Beverly
David Beauchamps, 126 Orchard Hill Rd., Bradford
Clifford Gately, 276 Rantoul St., Beverly
Mark R. Sidmore, 60 Water St., Danvers
Betsy R. McNaughton, 98 Newbury St., Danvers
Albert Avallon, 98 Newbury St., Danvers
Patrick P. Zito, 59 Goodale St., Peabody
Mark Adams, 59 Goodale St., Peabody
Humberto Dela Vega, 17 Intervale Ave., Peabody
PUBLIC GUIDE William C. Carlson, 32 Clifton Ave, Salem
TAG DAY S.H.S. Boys Soccer, Oct. 3 & 16th, 2004
S.H.S. Concert Band & Orchestra, Dec. 4, 2004
#641 – (#55) – AUTHORIZE CONVEYANCE OF SALEM JAIL TO SALEM REDEVELOPMENT AUTHORITY
Councillor Lovely offered the following report of the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow Ms. Lynn Duncan, City Planner, Ms. Patty Kelleher and Barbara Cleary of Historic Salem to speak.
Councillor Lovely amended Cooperation Agreement by striking the word recital from Article 1. It was adopted.
Councillor O’Keefe amended to insert the word shall instead of the word will. It was adopted.
Adopted as amended by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
A motion for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#642 – REQUEST FROM DUNKIN DONUTS FOR SPECIAL HOURS
Request from Dunkin Donuts on 282 Derby Street for extended hours of operation for a closing time of 1:00 A.M. for Sunday, October 31, 2004 was granted.
Councillor O’Keefe was recorded as opposed.
A motion for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#643 - #647 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAXI OPERATOR Kendall Phipps, 34 Federal St., Beverly
Jason Bottari, 10 Becket St., Salem
TAG DAY S.H.S. Girls Field Hockey Boosters, Oct. 17 & 24, 2004
S.H.S. Winter Track, Dec. 11, 2004 & Jan. 16, 2005
S.H.S. Boys & Girls Basketball & Cheerleading,
Jan. 8 & 22, 2005
S.H.S. Spring Track, March 26, April 16, 2005
#648 - #649 – DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS
The following Drailayer/Contract Operator license applications was granted.
J.J. O’Brien & Sons, Inc., 5 Fern Street, Waltham
Welch Construction, 27 Congress St., Salem
#650 – #652 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Silvana White, 37 Mason St., Salem
Stephanie s. Sirois, 259 Lafayette St. #8, Salem
SUBROGATED: Chubb Group Insurance Co., 600 Independence Parkway, Chesapeake, VA
#653 - #656 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Cynthia H. Bourgault, 19 Belleau Rd., Salem
Cecilia G. Cordero, 14 Lynch St., Salem
DRAINLAYER J.J. O’Brien & Sons, Inc., 5 Fern St., Waltham
Welch Construction Co., 27 Congress St., Salem
(#572) ORDINANCE AMENDING TRAFFIC, ESTABLISH, TOW ZONE WARNER STREET AT BARTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 74, No Parking either side, Tow Zone, Warner Street at the intersection at Barton Street, was then taken up. The Ordinance was adopted for second and final passage.
(#571) ORDINANCE AMENDING TRAFFIC, ESTABLISH TOW ZONE, BRIDGE STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 74, No Parking, Tow Zone, Bridge Street, was then taken up. The Ordinance was adopted for second and final passage.
(#573) ORDINANCE AMENDING TRAFFIC, LYNDE STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Lynde Street in it’s entirety, was then taken up. The Ordinance was adopted for second and final passage.
(#579) ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, CABOT STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking in front of #37 Cabot Street, was then taken up. The Ordinance was adopted for second and final passage.
(#567) ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, LORING AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking in front of #107 Loring Avenue, was then taken up. The Ordinance was adopted for second and final passage.
(#581) ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, WEBB STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking in front of #70 Webb Street, was then taken up. The Ordinance was adopted for second and final passage.
(#585) ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, DERBY STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking in front of #193 Derby Street, was then taken up. The Ordinance was adopted for second and final passage.
(#566 - #248) – MAYOR’S VETO OF ORDINANCE AMENDING ZONING “CONSERVATION OVERLAY DISTRICT FOR SALEM WOODS
The matter of the Mayor’s Veto of Zoning Ordinance #248 of 2004, was then taken up. The Veto was overridden by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Bencal, Corchado, Harvey, Lovely, Pelletier, Sargent,
Sosnowski and Veno were recorded as voting in the affirmative. Councillors Furey, O’Keefe and O’Leary were recorded as voting in the negative.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
On the motion of Councillor Harvey, the meeting adjourned at 9:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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