A Regular Meeting of the City Council was held in the Council Chamber
on Thursday, October 14, 2004 at 7:00 P.M. for the purpose of transacting
any and all business. Notice of this meeting was posted on October 7, 2004
at 7:49 P.M.
All Councillors were present.
Council President Leonard F. O’Leary presided.
Councillor Sosnowski 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.
#657 – APPT. STEVE PINTO TO BOARD OF APPEAL
The Mayor’s appointment of Steve Pinto to serve on the Board of Appeal for a term to expire May 1, 2007, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Corchado requested and received unanimous consent to suspend the rules to allow Mr. Pinto to speak.
#658 – REAPPT. JOSEPH DEFRANCESCO TO THE REGISTRAR OF VOTERS
The Mayor’s reappointment of Joseph DeFrancesco to serve as a member of the Registrar of Voters for a term to expire October 1, 2007, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#659 – REAPPT. JANICE CORBETT TO THE REGISTRAR OF VOTERS
The Mayor’s reappointment of Janice Corbett to serve as a member of the Registrar of Voters for a term to expire October 1, 2007, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#660 – REAPPT. PHILIP SAINDON TO THE REGISTRAR OF VOTERS
The Mayor’s reappointment of Philip Saindon to serve as a member of the Registrar of Voters for a term to expire October 1, 2007, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Corchado requested and received unanimous consent to suspend the rules to allow Mr. Saindon to speak.
#661 – #663 – APPT. / REAPPT. CONSTABLES
The Mayor’s appointment and reappointment of the following Constables for terms as designated was received and filed.
Manuel Sanchez, Jr., 501 Washington St., Lynn Term to expire Oct. 1, 2005
Paul L. Scott, 67 Rainbow Terrace, Salem Term to expire March 4, 2007
Raymond C. Pike III, 248 Liberty St., Randolph Term to expire Sept. 11, 2007
#664 – ACCEPT M.G.L. CH. 44, SEC. 53E1/2 REVOLVING FUND ACCOUNT FOR COLLECTION STICKER PROGRAM
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the City of Salem hereby accepts M.G.L. Chapter 44, Municipal Finance, Section 53E1/2 which provides for the establishment of a public access revolving fund account.
#665 – ORDINANCE RELATIVE TO TRAFFIC, RESERVED PARKING HOLYOKE SQUARE
The following Ordinance recommended by the Mayor, was referred to the Committee on Community and Economic Development.
In the year two thousand and four
An Ordinance to amend an Ordinance pertaining to reserved parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 54, Reserved Parking is hereby amended by adding a new section as follows:
“Section 54A. Reserved Parking, Holyoke Square
Parking shall be reserved in accordance with the Salem Redevelopment Authority Deed of Easement recorded at the Registry of Deeds, Book 22087, Page 438, which restricts parking exclusively for Holyoke Square, Inc. during regular business hours, defined as Monday through Friday, from 7:30 A.M. to 5:30 P.M., at thirteen parking spaces along the Holyoke Square side of so much of the public ways known as Norman Street and Holyoke Square as about Holyoke’s property at Holyoke Square.
A violation of this Ordinance shall be considered a violation of a restricted parking area.
Section 2. This Ordinance shall take effect as provided by City Charter.
#666 – ORDINANCE AMENDING BUSINESS LICENSES, FOOD ESTABLISHEMENTS, ALCOHOLIC BEVERAGES
The following Ordinance was received from the Mayor after the deadline of Tuesday Noon. Councillor Sosnowski requested and received unanimous consent to suspend the rules.
The following Ordinance, recommended by the Mayor, was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
In the year two thousand and four
An Ordinance to amend an Ordinance pertaining to business licenses
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 14, Business Licenses and Fees shall be amended by adding the following new Article:
“CHAPTER 14. ARTICLE V. FOOD SERVICE ESTABLISHMENTS”
DIVISION 1. GENERALLY
Secs. 14-300 to 14-320. Reserved
DIVISION 2. ALCOHOLIC BEVERAGES
Sec. 14-321. Consumption of alcoholic beverages.
No license food service establishment shall allow any patron to consume alcoholic beverages, as that term is defined in M.G.L. c. 138, or any amendments thereto, on its premises unless such food service establishment possesses a valid license to sell and serve alcoholic beverages, as duly issued by the Salem Licensing Board. This article shall apply regardless of whether said alcoholic beverages have been purchased by the patron or patrons from the establishment or elsewhere for consumption on the establishment’s premises (i.e. brown bagged, so called).
Sec. 14-322. Penalty
(a) Each such violation of this article shall be punished by a fine of one hundred fifty dollars ($150.00).
(b) A second or subsequent offense shall be punished by the suspension of the establishment’s common victualler’s license, upon the recommendation of the License Board following the normal hearing process.
Section 2. This Ordinance shall take effect as provided by City Charter.
#667 – AGREEMENT FOR THE SALE OF SURPLUS LAND ON ROSE ST.
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Veno requested and received unanimous consent to suspend the rules.
The following Order, recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the Mayor is hereby authorized to enter an agreement for the sale of a 181 square foot parcel of city-owned surplus property, located on Rose Street, as shown on a plan entitled “Proposed extension of Canal Street” and deed recorded at Essex South Registry of Deeds Book 2743, Page 471, in accordance with Chapter 2, Section 2-1635.
#668 – CITY COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER, 2004
Councillor Sargent and O’Leary introduced the following Order, which was adopted.
ORDERED: That the regular meetings of the City Council for the months of November and December 2004, be held on the following dates:
November 18, 2004
December 16, 2004
#669 – ELECTION ORDER – NOVEMBER 2, 2004 PRESIDENTIAL ELECTION
Councillor Sargent and 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 2, 2004 for the purpose of casting votes in the State Election for the candidates of political parties for the following offices:
ELECTORS OF PRESIDENT & VICE PRESIDENT FOR THE COMMONWEALTH, REPRESENTATIVE IN CONGRESS,
SIXTH CONGRESSIONAL DISTRICT, SENATOR IN GENERAL COURT, SECOND ESSEX DISTRICT, REPRESENTATIVE IN GENERAL COURT, SEVENTH ESSEX DISTRICT, SHERIFF ESSEX COUNTY
AND THE FOLLOWING QUESTIONS: (NON-BINDING)
QUESTION #1 – Legislation making possession of marijuana a civil violation
QUESTION #2 - Legislation in all separation and divorce proceedings involving minor children, uphold the rights of both parents to shared physical and legal custody
QUESTION #3 – Constitutional amendment to remove the authority to create congressional and legislative districts from the state legislature and place responsibility in the hands of independent commission.
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 Recreation Room, Salem Heights, 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 Community Ctr., Heritage Drive
WARD FIVE
PRECINCT ONE Temple Shalom, (Front Entrance) 287 Lafayette St.
PRECINCT TWO Community Room, Pioneer Terrace
WARD SIX
PRECINCT ONE Bates School, Liberty Hill Avenue
PRECINCT TWO Park & 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.
#670 – LATINO COMMISSION
Councillor Harvey and Corchado introduced the following Order, which was adopted 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.
ORDERED: That the Salem City Council adopt a Commission on Latino Affairs.
BE IT FURTHER ORDERED: That the Commission include the Ward 1 Councillor, Council President or his designee, an At-Large-Councillor appointed by the Council President and a member of the following organizations: V.O.C.E.S., Point Neighborhood Association, Neighbor to Neighbor, Salem Harbor Community Development Corp., North Shore
Community Health Clinic and the Latino representative of the court system.
BE IT FURTHER ORDERED: That the Committee meet once a month at a time derived by its’ members.
#671 – RESOLUTION SGT. SILFIDA GOMEZ RETURN FROM IRAQ
Councillor Harvey introduced the following Resolution, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
RESOLUTION:
WHEREAS: Sergeant Silfida Gomez, one of Salem’s own daughters, educated in the Salem School system and a Salem High School Graduate of 1997; and
WHEREAS: We welcome Sergeant Silfida Gomez home from her tour of duty from the Army’s 101st Forward Battalion, 1st Brigade Light Infantry; and
WHEREAS: Sergeant Silfida Gomez, who has served our Country by being deployed to Iraq, at Ar Ramadi from September 8, 2003 through September 23, 2004; and
WHEREAS: We extend our whole hearted thanks to Sergeant Silfida Gomez and any of our daughters and sons who have chosen to protect and defend this country to preserve our freedom and the right to life, liberty and the pursuit of happiness.
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Salem, on behalf of all our citizens, publicly go on record as commending Sergeant Silfida Gomez for her courage and honor, and her safe return home.
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 Sergeant Silfida Gomez, on behalf of the Salem City Council as a token of our appreciation and admiration.
#672 – INCREASE POLICE PATROLS IN WITCHCRAFT HEIGHTS FOR HALLOWEEN
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Police Department increase patrols in the Witchcraft Heights area and throughout the City on Halloween.
#673 – SENIOR TAX EXEMPTIONS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet with the City Assessor and the Finance Director relative to changes to senior tax exemptions.
#674 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING HANCOCK 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, Chapter 42, Section 50B, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. In front of #53 Hancock Street, for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#675 – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING FEDERAL COURT
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, Chapter 42
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Delete Section 51, dated 6-1-53 in its entirety and Section 75, dated 11-10-86 and replace with the following:
Chapter 42, Section 75, Easterly side in its entirety beginning thirty (30) feet from Federal Street, Zone C, Color Green, “Resident Sticker Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#676 – ORDINANCE AMENDING TRAFFIC, NO PARKING, TOW ZONE FEDERAL COURT
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, Chapter 42, “No Parking, Tow Zone”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Delete Section 51, dated 6-1-53 in its entirety and Section 75, dated 11-10-86 and replace with the following:
Chapter 42, Section 74, Federal Court on the westerly side in its entirety “No Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#677 – ORDINANCE AMENDING TRAFFIC, NO PARKING, TOW ZONE, CHARTER STREET
Councillor Corchado 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, Chapter 42, “No Parking, Tow Zone”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Delete Section 51, dated 6-1-53 in its entirety and replace with the following:
Chapter 42, Section 74, Charter Street in its entirety both sided “No Parking, Tow Zone” (Not to include “Service Zone” used by funeral home)
Section 2. This Ordinance shall take effect as provided by City Charter.
#678 – ORDINANCE AMENDING TRAFFIC, STOP SIGN, RAYMOND ROAD
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, Chapter 42, section 49, Stop Sign
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Raymond Road northbound at the intersection with Loring Avenue. “Stop” sign.
Section 2. This Ordinance shall take effect as provided by City Charter.
#679 – OPINION FROM SOLICITOR REGARDING THE OPEN MEETING LAW
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the City Solicitor give a written opinion on the Open Meeting Law in regards to City Council Committee meetings.
#680 – (#643 - #647) – 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 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
#681 – (#565) – ORDINANCE RELATIVE TO BOATS AND WATERWAYS MOORING PERMITS
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 an Ordinance relative to Boats and Waterways Mooring Permits has considered said matter and would recommend adoption for first passage.
In the year two thousand and four
An Ordinance to amend and ordinance pertaining to Boats and Waterways.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 10, Article I, Section 10-24 Mooring permit is hereby amended by deleting Section 10-24(d) in its entirety, and replacing it with the following:
Section 10-24(d) Fee. “No Mooring Permit shall be issued until the fee established in this subsection shall be paid to the city. Mooring permits must be renewed by April 15 of each year. Renewal applications received or postmarked after April 15 shall result in a late fee of $15.00 being assessed. Mooring locations not renewed by May 1 will be considered illegal and removed at the owner’s expense and shall be delivered to the possession of the Harbormaster until claimed by the proper owner or disposed of according to M.G.L. Chapter 91.
A mooring fee shall be paid by every person liable under the law to pay excise taxes to any jurisdiction. The fee shall be based on the length of the vessel measured from the stem in a straight line aft to the stern. The fee shall be as follows:
(1) Fee for nonresident mooring, $6.00 per foot.
(2) Fee for resident mooring, $1.50 per foot.
(3) Fee for nonresident slip fee $2.00 per foot.
(4) Fee for resident slip fee $1.50 per foot.
For the purposes of this section, the boat registration shall be the sole determinant of residency.
Section 2. This Ordinance shall take effect as provided by City Charter.
#682 – (#564) – ORDINANCE RELATIVE TO SPRAY PAINT VANDELISM
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 an Ordinance relative to Spray Paint Vandelism has considered said matter and would recommend adoption as amended for first passage and refer to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and four
An Ordinance to amend and ordinance pertaining to Spray Paint Vandelism
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24 is hereby amended by adding the following new sections:
Section 24-25 SPRAY PAINT VANDALISM
Any individual who shall use a spray paint container to vandalize or for any other use other than its intended purpose may be subject to a fine of no less than $100.00 and not more than $500.00. Said fine shall be issued at the discretion of any police officer who in the exercise of reasonable judgment determines that the
individual is using the spray paint to vandalize or for a use other than its intended purpose. Any aforementioned section which contains an enforcement provision shall not be repealed by adoption of this section.
Section 2. This Ordinance shall take effect as provided by City Charter.
#683 – (#574 of 2001) ORDINANCE RELATIVE TO BURNT OUT BUILDINGS
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.
The Committee on Community and Economic Development to whom was referred the matter of an Ordinance relative to Burnt out Buildings has considered said matter and would recommend the Ordinance be referred to the
Committee on Ordinances, Licenses and Legal Affairs for their consideration with a positive recommendation.
#684 – (#63) – A PLAN FOR PG&E SHOULD THEY CLOSE
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.
The Committee on Community and Economic Development to whom was referred the matter of a plan for PG&E should it close, has considered said matter and would recommend that the matter be referred to the Committee of the Whole for their consideration with a positive recommendation.
#685 – (#56) – ORDINANCE ESTABLISHING AN INSTITUTIONAL MASTER PLAN
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.
The Committee on Community and Economic Development to whom was referred the matter of an Ordinance establishing an Institutional Master Plan has considered said matter and would recommend adoption for second and final passage.
#686 – (#473 of 2002) – SALEM WILLOWS IMPROVEMENTS
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.
The Committee on Community and Economic Development to whom was referred the matter of Salem Willows Improvements has considered said matter and would recommend that an audit be requested from the Planning Department for all monies requested, received and expended for the restoration project at Salem Willows. Said audit to include a full accounting of receipts and expenditures with dates, amounts and to and by whom received or expended.
#687 – (#422) – NONDAS LAGONAKIS VS. CITY OF SALEM
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.
The Committee on Community and Economic Development to whom was referred the matter of Nondas Lagonakis vs. City of Salem, has considered said matter and would recommend that the matter be referred to the Committee of the Whole and that a meeting be scheduled forthwith and that following be invited:
Inspector General Gregory W. Sullivan or his designee
Mayor Stanley J. Usovicz, Jr.
Solicitor James Gilbert
All members of the Zoning Board of Appeals
Former City Solicitor John D. Keenan
#688 – (#247 - #390) – ORDINANCE RELATIVE TO DIESEL POWERED LOCOMOTIVES
Councillor Bencal offered the following report of the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred the matter of an Ordinance relative to Diesel Powered Locomotives, has considered said matter and would recommend adoption for second and final passage.
#689 – REQUEST FROM DIANA MCKANAS FOR TEMPORARY FORTUNETELLING LICENSE
Request from Diana McKanas for a temporary Fortunetelling License for the month of October was granted.
#690 – BLOCK PARTY
Request from the residents of Beaver Street to hold a block party on October 23, 2004 with a raindate of October 30, 2004 was granted.
#691 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAXI OPERATOR Dianne Veinot, 7 Harris St. #2B, Salem
Shane Dennis, 18 Porter St. #2, Salem
# 692 – #693 - BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Raymond C. Pike III, 248 Liberty St., Randolph
Paul L. Scott, 67 Rainbow Terr., Salem
(#635) - ORDINANCE AMENDING PUBLIC EVENT NOTIFICATION
The matter of second and final passage of an Ordinance amending Chapter 2, Section 113, Public Event Notification, was then taken up. The Ordinance was adopted for second and final passage.
(#636) - ORDINANCE AMENDING TRAFFIC, STOP SIGN RAND ROAD
The matter of second and final passage of an Ordinance amending Chapter 42, Section 49, Stop Sign Rand Road, was then taken up. The Ordinance was adopted for second and final passage.
(#637) - ORDINANCE AMENDING TRAFFIC, STOP SIGN FELT STREET
The matter of second and final passage of an Ordinance amending Chapter 42, Section 49, Stop Sign Felt Street, was then taken up. The Ordinance was adopted for second and final passage.
(#638) - ORDINANCE AMENDING TRAFFIC, NO TRUCKS ALLOWED, OAKLAND STREET
The matter of second and final passage of an Ordinance amending Chapter 42, Section 45, No Trucks Allowed Oakland Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Sosnowski, the meeting adjourned at 8:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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