A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 16, 2004 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on December 9, 2004 at 5:30 P.M.
All Councillors were present.
Council President Leonard F. O’Leary presided.
Councillor Harvey 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.
#748 – EXECUTIVE SESSION WITH MAYOR
Councillor Harvey moved to take out of order, under Communications from the Mayor, a request from Mayor Stanley J. Usovicz, Jr., to hold an Executive Session with Attorney Kevin Daly, to discuss a potential settlement. It was so voted.
Councillor Harvey, moved that the City Council adjourn to the Council anteroom to hold an 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 the meeting for the minutes of the Executive Session.
Following the Executive Session, Councillor Harvey moved that the regular meeting continue. It was so voted.
#749 – APPT. OF JOSEPH E. BARBEAU, JR., AS ASST. BUILDING INSPECTOR
The Mayor’s appointment of Joseph E. Barbeau, Jr. to serve as an Assistant Building Inspector with a term to expire January 31, 2006, was confirmed 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. Barbeau to speak.
#750 – APPT. OF YOUTH COMMISSION
The Mayor’s appointment of the following to serve as members of the Youth Commission with the following terms and that Peter Baglioni be the ex-officio of the commission, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Domingo Dominguez 18 Raymond Rd. December 1, 2007
Thomas Philbin 13 Appleton St. December 1, 2007
Deb Amaral 172 Marlborough Rd. December 1, 2006
Doug Bollen 27 Williams St. December 1, 2006
Ellen Galligan 22 Cleveland Rd. December 1, 2005
Jen Toomey 92 Linden St. December 1, 2005
Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. Dominguez to speak.
#751- APPR. LIBRARY ACCOUNT
The following order, recommended by the Mayor, was adopted under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Harvey moved that the word “Book” be deleted and replaced with the word “Account”. It was so voted.
ORDERED: That the sum of One Hundred Fifty Thousand, Eight Hundred sixty Dollars ($150,860.00) is hereby appropriated from the “Fund Balance – Free Cash” Account to “Library” Account in accordance with the recommendation of His Honor the Mayor.
Councillor Harvey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#7752 – TRANSFER TO CEMETERY – BURIAL ACCOUNT
The following order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby transferred from the “Receipts Reserved – Cemetery – Salem of Lots” Account to “Cemetery - Burial” Account in accordance with the recommendation of His Honor the Mayor.
#753 - ORDINANCE AMENDING SALARY CLASSIFICATION OF CERTAIN EMPLOYEES, RECREATION SUPERVISOR
The following Ordinance was recommended by the Mayor. The Ordinance was adopted for first passage by unanimous roll call vote and the matter be brought forward into 2005.
The following Ordinance was recommended by the Mayor.
In the year two thousand and four.
An Ordinance to amend an Ordinance relative to the Salary Classification of Certain Employees of the City of Salem.
Be it ordained by the City Council of the City of Salem
Section 1. Chapter 2, Section 2-52 is hereby amended as follows:
Establish the position of Recreation Supervisor in the Park and Recreation Department, management and non- union positions, within Job 12.
Section 2. This Ordinance shall take effect as provided by City Charter.
#754 - ORDINANCE AMENDING MOORING PERMIT FEES
The following Ordinance was received after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules.
The following Ordinance was recommended by the Mayor. Councillor O’Keefe moved to refer the matter to the Committee on Ordinances, Licenses and Legal Affairs. Councillor Harvey was recorded as voting present.
In the year two thousand and four.
An Ordinance to amend an Ordinance relative to Mooring Fees
Be it ordained by the City Council of the City of Salem
Section 1. Chapter 10, Article I, Boats and Waterways, Section 10-24 Mooring Permit is hereby amended by deleting the following paragraphs within Section 10-24 (d) in their entirety:
(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 purpose of this section, the boat registration shall be the sole determinant of residency.
And inserting in place with the following:
(1) Fee for mooring, $5.00 per foot.
(2) Fee for slip, $3.00 per foot.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor Harvey assumed the President’s Chair.
#755 – PLASTIC ON THE WALL AT 135 ESSEX STREET
Councillor O’Leary introduced the following Order, which was adopted by roll call vote 10 yeas, 1 nays, 0 absent. Councillors Bencal, Corchado, Harvey, Lovely, O’Keefe, Pelletier, Sargent, Sosnowski, Veno and O’Leary were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative.
ORDERED: That the Committee on Community and Economic Development meet with the Mayor, Solicitor, Planning Board, Salem Redevelopmemt Authority, Peabody Essex Museum and the Design Review Board, relative to the plastic on the wall at 135 Essex Street. Also that the owner of 135 Essex Street be invited and the two other matters in Committee regarding the Peabody Essex Museum be combined with this order.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#756 – MATTERS IN COMMITTEE BE BROUGHT FORWARD INTO 2005
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the attached matter, currently before the various sub-committees of the City Council, be carried into 2005.
#757 – ORDINANCE AMENDING CH.1-10, NON-CRIMINAL FINES, CH. 24-9 THROWING, DEPOSITING REFUSE ON STREETS, VACANT LOTS, ETC.
Councillor Bencal introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses and Legal Affairs and to be carried forward into 2005.
In the Two Thousand and four
An Ordinance to amend an Ordinance relative to Chapter 1-10 (c), Schedule of Non Criminal Fines
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 24-9, shall be deleted and insert in place thereof with the following:
Section 24-9 Throwing, Depositing refuse on streets, vacant lots, etc.
Penalty:
First offense $250.00
Subsequent offenses $500.00
Section 2. This Ordinance shall take effect as provided by City Charter.
#758 – PEDESTRIAN LIGHTS AT THE INTERSECTION OF BRIDGE, NORTHEY AND WINTER STREETS
Councillor Sosnowski, Bencal and Harvey co-sponsered and introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet with the Massachusetts Highway Department and City
Planner, to discuss the need for a pedestrian light at the intersection of Winter, Northey and Bridge Streets. And to also discuss the installation of street lights on the Peter Tracy Walkway extension from Bridge Street to Cross Street.
And to discuss the dangerous intersections of Ames, Hubon and Bridge Streets. And that Capt. Callahan be invited to attend the meeting.
#759 – 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 granted.
FORTUNETELLING The Goddess’ Treasure Chest, 173 Essex St.
STORE
TAG DAY S.H.S. Swim Team, December 18, 2004
TAX OPERATOR Richard A. Genest, Sr., 170 North St., Salem
#760 – (#702) - SECOND PASSAGE - ORDINANCE AMENDING STREET & SIDEWALK EXCAVATION PERMIT FEE
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 amending an Ordinance, Chapter 38, Section196, Street Excavation and sidewalk excavation, permit fee, has considered said matter and would recommend adoption for second and final passage.
#761 – (#703) – CLEANING CULVERTS
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 Council order #703 Clean out of culverts Brook Street, Jefferson Avenue, Mill Pond and Burnside Street has considered said matter and would recommend that the Committee meet on December 28, 2004 and invite the following, City Engineer, Assistant City Engineer, Fred Votta – Castle Hill Neighborhood Association and Walter Montgomery of North East Mosquito
Control.
#762 – JOINT POLE LOCATION ON PEARL STREET
A hearing was ordered for January 13, 2005 on the petition of Verizon and Massachusetts Electric Company for a joint pole location on Pearl Street.
#763 – SALEM STATE COLLEGE ROAD RACE AND WELLNESS FAIR
The request from Salem State College to hold a road race and Wellness Fair on April 10, 2005, was referred to the Committee on Ordinances, Licenses and Legal Affairs and that the matter be carried into 2005.
#764 - #805 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
FORTUNETELLING Theresa Noll Deveau, 136 Derby St. Salem
Sylvia Martinez, 123 Essex St., Salem
Diana McKanas, 86D Wharf St., Salem
Michael Noll, 136 Derby St., Salem
Andrea Snow, 21 Warren St., Salem
Gloria Ward, 12 Pearl St., Salem
FORTUNETELLING
STORE The Magic Parlor, 213 Essex St., Salem
Employee: Stephanie Young, 5 Porter St. Ct. Salem
FORTUNETELLING
STORE CONTINUED Pyramid Books Inc., 214 Derby St., Salem
Employees: Beverly Anderson, 214 Lafayette St.,
Salem
Doug Johnson, 116 Lafayette St., Salem
Mary Beth Bruce, 26 Beacons St.,
Hartford, Ct.
JUNK DEALER Naumkeag Salvage, 50R Broadway, Salem
Isaac Talkowsky & Son, 18 Phillips St., Salem
PUBLIC GUIDE Hannah Diozzi, 20 Pleasant St., Salem
William Grover, 84A Polland St., Billerica
Merrill Kohlhofer, 44 Beaver St., Salem
Fran Marrow, 12 Strawberry Hill Ln., Danvers
Michael Metzger, 25 Shephard St., Marblehead
Richard Metzger, 25 Shephard St., Marblehead
Susan Metzger, 25 Shephard St., Marblehead
Alexandra Miranda, 24 Pearl St., Marblehead
Douglas P. Sabin, 34 Northey St., Salem
William Sano, 35 Daniels St., Salem
Mollie Steward, 74 Essex St., Salem
Ruth Wall, 13 Crombie St., Salem
Allen Winecour, 161 Garland St., Everett
SEAWORM Jose M. Machado, 3 Emmett, St., Peabody
Joe Mendonca, 22 Spring St, Peabody
Analiano Silva, 25 Driscoll St., Peabody
Manuel N. Silva, 80 Northend St., Peabody
Manuel Silva, 52 Palealogos St., Peabody
SECOND HAND
VALUABLE Antiques at Museum Place, Museum Place Mall #114
Army Barracks, 234 Essex St., Salem
Bernard’s 179 Essex St., Salem
Boston St. Resale, 134 ½ Boston St., Salem
Olde Naumkeag Antiques, 1 Hawthorne Blvd. Salem
Same Day Services, 2 Mason St., Salem
R.J. Coins, 22 Wharf St., Salem
Rich’s Second Hand Store, 98A Boston St., Salem
Salem Coin & Jewelry, 149 North St., Salem
Salem Used Furniture & Antiques, 107 ½ Bridge St.
Tobie’s Jewelry, 140 Washington St., Salem
TAXI OPERATOR Joseph Bain, 6 Pulaski St., Peabody
Richard Beaulieu, 67 Veterans Memorial Dr., Peabody
George J. Cady, 11 Arthur St., Salem
Peter Campbell, 12 Green St., Marblehead
James Cloutman, 19 Rainbow Terr., Salem
Carlos Costa, 105 Wordsworth St., East Boston
Steven Farris, 225 Newbury St., Danvers
TAXI OPERATOR S. Gregory Jamieson, 43 Roslyn St., Salem
Jeremy Lander, 6 Bentley St., #3, Salem
Victor LeBlanc, 157 Paradise Rd., Swampscott
Geisy A. Nieves-Lemus, 67 Endicott St., Peabody
Alejandro Perez, 324 Chatham St., Lynn
Angel Perez, 324 Chatham St., Lynn
Jeffrey L. Schafer, 8 ½ Daniels St, Salem
Blair Schetrompf, 36 St. Anns Ave., Peabody
Douglas Stephens, 9 Park St., Beverly
Urin Ventura, 8 Nort Cross Terr., Lynn
VEHICLE FOR
HIRE Friendship Carriage Tours, 13 Crombie St, Salem
(Horse drawn, 3 vehicles)
Salem Surrey BikeTours, 25 Shepard St., Marblehead
(Pedi Cab)
#806 - #807 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Everett A. Morse, 17 Park Sq., Swampscott
Diane M. Connell, 156 Boston St., Salem
(#725) – ORDINANCE AMENDING TRAFFIC PARKING PROHIBITED NORTH STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 51B, Parking Prohibited Certain Times on Certain Streets, North Street, was then taken up. The Ordinance was adopted for second and final passage.
(#598) – ORDINANCE AMENDING ZONING HIGHLAND AVENUE
The matter of second and final passage of an Ordinance amending Zoning map and parcel of land situated at 319 Highland Avenue, was then taken up. The Zoning Ordinance was adopted for second and final passage 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.
On the motion of Councillor Harvey the meeting adjourned at 8:20 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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