A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 27, 2005 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 21, 2005 at 10:20 A.M.
All Councillors were present.
Council President Michael Bencal presided.
Councillor Furey moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Bencal requested that everyone please rise to recite the Pledge of Allegiance.
#96 – EXECUTIVE SESSION – LITIGATION
Councillor O’Leary moved to take out of order, under Communications from City Officials, a request from James Gilbert, City Solicitor, to hold an Executive Session to discuss legal matters related to the transfer of ownership of the Power Plant. It was so voted.
Councillor O’Leary 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 roll call vote of 11 Yeas, 0 Nays, 0 Absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Lovely, Harvey, Furey, Corchado, and Bencal were recorded as voting in the affirmative.
See end of meeting for minutes of Executive Session.
After the Executive Session, Councillor O’Leary moved that the meeting continue. It was so voted.
#4 POLE LOCATION ON PEARL STREET HELD OVER FROM JANUARY 13, 2005 MEETING
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a pole location on Pearl Street. Appearing in favor was William B. McEnaney of Verizon. There was no one opposed. The hearing was closed. Councillor Sosnowski moved that the permit be granted. It was so voted.
#98 POLE LOCATION ON ALMEDA STREET
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a pole location on Almeda Street. Appearing in favor was William B. McEnaney of Verizon. There was no one opposed. The hearing was closed. Councillor O’Leary moved that the permit be granted. It was so voted.
#99 POLE RELOCATION ON ALMEDA STREET
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a pole relocation on Almeda Street. Appearing in favor was William B. McEnaney of Verizon. There was no one opposed. The hearing was closed. Councillor O’Leary moved that the permit be granted. It was so voted.
#100 REAPPOINTMENT OF ROBERT J. JALBERT OF THE SALEM HOUSING AUTHORITY
The Mayor’s reappointment of Robert J. Jalbert to serve as a member of the Salem Housing Authority for a term to expire February 1, 2010, was confirmed.
#101 REAPPOINTMENT OF VARIOUS DEPARTMENT HEADS
Mayor’s reappointment of the following department heads with term to expire as designated, was received.
Anne Busteed Treasurer/Collector January 31, 2007
John Giardi City Electrician February 1, 2007
Joseph Nerden Engineering Asst. January 31, 2007
Bruce Thibodeau Director Public Services February 1, 2007
City Engineer
William Merrill Asst. Director of Public January 31, 2007
Services
Bernard Martineau Fleet Manager January 31, 2007
Councillor O’Leary moved to divide the question and vote on Mr. Thibodeau and Mr. Nerden separately.
Councillor O’Keefe moved for a roll call vote. Seeing three hands a roll call vote was taken,
6 Yeas, 5 Nays, 0 Absent. The matter carried. Councillor Sargent, Pelletier, O’Leary, Lovely, Harvey and Bencal were recorded as voting in the affirmative. Councillor Veno, Sosnowski, O’Keefe, Furey and Corchado were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Harvey moved to amend the terms to January 2006 and amend the Ordinance by roll call vote. A roll call vote was taken 3 Yeas, 8 Nays, 0 Absent. The matter did not carry. Councillor O’Leary, Harvey and Bencal were recorded as voting in the affirmative. Councillor Veno, Sosnowski, Sargent, Pelletier, O’Keefe, Lovely, Furey, and Corchado were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Leary moved to refer the matter to the Committee on Ordinances, Licenses and Legal Affairs by roll call vote. A roll call vote was taken 4 yeas, 7 nays, 0 absent. The matter did not carry. Councillor Pelletier, O’Leary, Harvey and Bencal were recorded as voting in the affirmative. Councillor Veno, Sosnowski, Sargent, O’Keefe, Lovely, Furey, and Corchado were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Pelletier moved to return the matter back to the Mayor by roll call vote. A roll call vote was taken 3 yeas, 8 nays, 0 absent. The matter did not carry. Councillor Pelletier, O’Leary, and Harvey were recorded as voting in the affirmative. Councillor Veno, Sosnowski, Sargent, O’Keefe, Lovely, Furey, Corchado and Bencal were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Leary moved to vote on the appointments of Busteed, Giardi, Merrill and Martineau by roll call vote. A roll call vote was taken 11 yeas, 0 nays, 0 absent. The appointments were confirmed by unanimous roll call vote.
Councillor O’Leary moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Leary moved to vote on the appointments of Nerden and Thibodeau by roll call vote. A roll call vote was taken 10 yeas, 1 nay, 0 absent. The appointments were confirmed. Councillor Veno, Sosnowski, Sargent, Pelletier, O’Keefe, Lovely, Harvey, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#102 – 105 APPOINTMENT AND REAPPOINTMENT OF THE FOLLOWING CONSTABLES
Mayor’s appointment and reappointment of the Constables with terms to expire as designated was received and filed.
Ruthanne Davis February 6, 2006
David J. Carroll January 27, 2006
Richard C. Hardy January 27, 2006
George E. Curran January 27, 2008
#106 REAPPOINTMENT OF JEAN PAUL DIONNE, PLUMMER HOME FOR BOYS
The Mayor’s reappointment of Jean Paul Dionne, to serve as a member of the Plummer Home for Boys Board of Trustees for a term to expire February 1, 2010, was confirmed.
#107 REAPPOINTMENT OF SARAH HAYES, PLUMMER HOME FOR BOYS
The Mayor’s reappointment of Sarah Hayes, to serve as a member of the Plummer Home for Boys Board of Trustees for a term to expire February 1, 2010, was confirmed.
#108 APPR. POLICE DEPARTMENT RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-eight Thousand six hundred eighty-two Dollars and Twenty-one cents ($28,682.21) is hereby appropriated from the “Fund Balance – Free Cash“ Account to the “Police – Retirement Anticipation” Account in accordance with the recommendation of His Honor the Mayor.
#109 TOWED VEHICLES STORED AT KERNWOOD MARINA
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That a meeting be scheduled to address the matter of vehicle tow storage presently occurring at the Kernwood Marina and the following parties be invited to attend:
Salem Park and Recreation Commission, Doug Bollen, Superintendent, Bill’s Auto Clinic,
Representative of the Salem Police Department and Mayor Usovicz.
And that when said meeting occurs, Bill’s Auto Clinic be requested to bring their contract with the City of Salem to said meeting, and that the matter be referred to the Committee on Community and Economic Development for further review.
#110 MEET WITH REP. KEENAN REGARDING SALEM PROJECTS
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet with Representative John Keenan to discuss projects in Salem that we would like funded in the State Budget.
#111 SALEM SENIOR RECOGNITION DAY
Councillor O’Leary introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the City Council form a Committee for a Salem Senior Recognition Day in the City of Salem. This Senior Recognition Day will be for Salem senior citizens to receive discounts throughout the City. The Committee will meet and designate the month and the day and activities of the Salem Seniors Recognition day. Said Committee shall consist of Frank Pelletier, Leon Jodoin, Patricia Reed, Diana Levesque, and a member from the Mayor’s staff, (Linda Elworthy), the Chamber of Commerce Director and a member of the City Council (Leonard F. O’Leary).
#112 TRAFFIC ISSUES AT INTERSECTION OF DERBY ST., CONGRESS ST., AND HAWTHORNE BLVD.
Councillor Corchado introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the ongoing traffic issues related to the intersection of Derby Street, Congress Street and Hawthorne Boulevard.
And that the following be invited: Engineer, Electrician, Planner and a representative of Massachusetts Highway and the Commission on Disabilities.
#113 FUNDING FOR DARE PROGRAM AND TWO SCHOOL OFFICERS
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That City Council submit a request and recommendation to the Mayor to restore the DARE funding and the funding for two school Resource Officers to the Salem Police Department to address the issues of education for our youth in the areas of alcohol and substance abuse, and that the matter be referred to the Committee on Administration and Finance for further review.
#114 SOLICITOR DRAFT ORDINANCE FOR TERMS OF DEPARTMENT HEADS
Councillor Harvey introduced the following Order, which was adopted by roll call vote of 9 yeas, 2 nays, 0 absent. Councillor Veno, Sosnowski, Sargent, Pelletier, O’Leary, Lovely, Harvey, Corchado and Bencal were recorded voting in the affirmative. Councillor O’Keefe and Furey were recorded as voting in the negative.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to draft an Ordinance that would be requested to be drafted by the City Solicitor to have all department heads in City Government serve two (2) year terms coterminous with Election of a Mayor and City Council.
AND BE IT FURTHER ORDERED: that the Ordinance be brought forward at the next City Council meeting.
#115 DUKE ENERGY AND EXCELERATE ENERGY PLANS FOR THE PIPELINE
Councillor Corchado introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet with a representative of Duke Energy and Excelerate Energy to discuss the plans for a pipeline.
And that the following be invited: Congressman Tierney, Senator Berry, State Representative John Keenan, Coast Guard, Harbormaster and Fire Chief.
#116 LORRAINE AND CHARLES ARRIGO, NEW YORK LAW ON MOLD
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That Lorraine and Charles Arrigo meet with the Committee on Ordinances, Licenses and Legal Affairs to discuss a New York law on mold.
#117 COMMUNITY COMMITTEE FOR SUBSTANCE ABUSE PREVENTION
Councillor Harvey offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of forming a Community Wide Committee for substance abuse prevention. It was voted to accept the report and adopt the recommendation.
That a meeting is held on February 9th, 2005 at 6:00 P.M. at the Bentley School and the following be invited:
Chairman of Committee on Ordinances, Licenses and Legal Affairs
Two (2) Councillors appointed by the Council President (Councillor Veno and O’Keefe)
Mayor, Superintendent of Schools, Representative Keenan, Norman Lapointe (St. James Church), D.A. Blodgett, Health Director, and Health and Education Inc.
#118 (#36 – #65) GRANTING CERTAIN LICENSES
Councillor Harvey offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
FORTUNETELLING
Fatima Mitchell, 6 Hawthorne Blvd., Salem
Debbie Mitchell, 6 Hawthorne Blvd., Salem
Tammy Mitchell, 6 Hawthorne Blvd., Salem
Shawn Poirier, 64 Beaver St., Salem
PAWNBROKER
Salem Loan & Jewelry, 33 New Derby St., Salem
PUBLIC GUIDE
Lisa Baglini, 35 Hazel St., Salem
Bruce D. Bateman, 108 Water St., Danvers
Justine Curley-Stacy, 222 Bray St., Gloucester
Barbara Dempsey-West, 181 North St., Salem
Robert A. Karish, 1 Messervy St., Salem
Tracy Majka, 243 7th St., #2, Brooklyn, N.Y.
Ann Roman, 82 N. Cedar, Melrose
Rev. Dr. Marlayna Schmidt, 8 Iverson Rd., Beverly
Tarn Stephanos, 17 Highland Ave., Somerville
Herb Van Dam, 361 Lafayette St., Salem
Erica Waite, 100 High St., Topsfield
Mindy Willis, 2 Beverly Commons Dr., Beverly
Taunya Wolfe, 52 Pawtucket Blvd. #23, Tynsboro
SEAWORM
Arthur Barreira, 49 Webster St., Peabody
Manuel Corroca, 12 Union St., Peabody
John M. Silva, 10 Almeda St., Salem
SECOND HAND VALUABLE
Samantha’s, 177 Essex St., Salem
Marine Arts Gallery, 135 Essex St., Salem
Antiques & Uniques of Salem, 130 North St., Salem
Record Exchange, 256 Washington St., Salem
Salem Loan & Jewelry, 33 New Derby St., Salem
TAG DAY
S.H.S. Girls Indoor Track, January 29, 2005
Salem State College Hockey Cheerleading, Feb. 5 & 6, 2005
TAXI OPERATOR
David Beauchamps, 37 Harbor St., Salem
Kendall Phipps, 34 Federal St., Beverly
Mark Adams, 59 Goodale St., Peabody
Genaro Roman, 44 Ward St., Salem
Charles A. Cody, 21 Heard Dr., Ipswich
Gerald Feldman, 116 Lafayette St., Salem
Domingo Perez, 12 Pope St., Salem
Eric Sayers, 370 Ocean Ave., Revere
William C. Morgan, 276 Rantoul St., Beverly
Robert J. Corriveau Jr., 78 Endicott St., Peabody
Robert M. Smith, 47 Bridge St., Salem
Laura J. Pacheco, 27 Albion St., Salem
Evangelis Rodriguez, 114 Central Ave., Peabody
Ramon Espinal, 10 Dearborn St., Salem
Jose Perez, 86 Essex St., Salem
Newri Garcia, 6 Ray St., Peabody
Rafael Moya, 203 Washington St., Salem
Diogees Polanco, 12 Park St., Peabody
Juan Toribio, 6 Prince St., Salem
Felix Hernandez, 72 Central St., Peabody
Rudy Rosario, 14 Mason St., Salem
Javier Guillermo, 46 Peabody St., Salem
Carl W. Herwig, 168 Washington St., Peabody
Ramon Gomez, 260 Washington St., Salem
Jose Lopez, 12 Mason St., Salem
David Wendell, 10 Balcomb St., Salem
Daniel Comb, 181 Elliot St., Danvers
Dianne Veinot, 7 Harris St., Salem
#119 – (#8) – APPR. HUMAN RESOURCES – EARLY RETIREMENT INCENTIVE
Councillor Veno 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 the matter of an Appropriation of $213,671.00 for Human Resources – Early Retirement Incentive has considered said matter and would recommend approval.
#120 – (#10) – APPR. PUBLIC PROPERTY – POSTAGE
Councillor Veno 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 the matter of an Appropriation of $50,000.00 for Public Property - Postage has considered said matter and would recommend approval.
#121 – (#13) – APPR. PUBLIC SERVICES – FULL TIME SALARIES
Councillor Veno 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 the matter of an Appropriation of $2,794.29 for Public Services – Full Time Salaries has considered said matter and would recommend approval.
#122 – (#15) – APPR. PUBLIC PROPERTY – RENOVATIONS & REPAIRS
Councillor Veno 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 the matter of an Appropriation of $18,730.00 for Public Property – Renovations and Repairs has considered said matter and would recommend approval.
#123 – (#16) – APPR. FINANCE – RETIREMENT ANTICIPATION
Councillor Veno 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 the matter of an Appropriation of $18,263.52 for Finance – Retirement Anticipation has considered said matter and would recommend approval.
#124 – (#17) – APPR. MAYOR’S OFFICE - RETIREMENT ANTICIPATION
Councillor Veno 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 the matter of an Appropriation of $17,952.48 for Mayor’s Office – Retirement Anticipation has considered said matter and would recommend approval.
#125 – (#18) – APPR. HUMAN RESOURCES - SALARIES
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt with no recommendation.
The Committee on Administration and Finance to whom was referred the matter of an Appropriation of $16,184.01 for Human Resources - Salaries has considered said matter and would recommend that the matter be referred to the Committee of the Whole. It was so voted.
#126 – (#9) – APPR. SCHOOL – RESERVE FUND
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt with no recommendation.
The Committee on Administration and Finance to whom was referred the matter of an Appropriation of $125,000.00 for School – Reserve Fund Contingency has considered said matter and would recommend that the matter be referred to the Committee of the Whole. It was so voted.
#127 – (#7) – APPR. MAYOR’S OFFICE - RETIREMENT ANTICIPATION
Councillor Veno 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 the matter of an Appropriation of $233,460.56 for Public Services – Sewer Infrastructure Repair has considered said matter and would recommend approval.
#128 – (#20) – APPR. PARK & RECREATION EQUIPMENT
Councillor Veno 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 the matter of an Appropriation of $10,000.00 for Park & Recreation - Equipment has considered said matter and would recommend approval.
#129 – (#584, #129A) – ORDINANCE EMPLOYEE BENEFITS
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O’Leary, Lovely, Harvey, Corchado and Bencal were recorded as voting in the affirmative. Councillors O’Keefe and Furey were recorded as voting in the negative.
The Committee on Administration and Finance to whom was referred the matter of compensation and conditions of employee benefit limitations has considered said matter and would recommend that the attached Ordinance be adopted for first passage.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
In the year two thousand and five
An Ordinance to amend an Ordinance pertaining to budget and employee benefit limitations
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Chapter 2 Administration, Article II Compensation and Conditions of Employment, Sec. 2-48. Budget limitations is hereby amended by
A) Renaming Section 2-48 “Budget and Employee Benefit Limitations”;
B) Adding an “(a)” at the beginning of the first paragraph of Section 2-48; and
C) Adding a new second paragraph as follows:
“(b) No city employee who has resigned or whose employment with the city has been terminated shall, without prior approval of the Mayor and City Council, be eligible to receive continued health, life or dental insurance benefits at the full or partial expense of the city. This section shall not prohibit the city from providing former employees with access to such benefits at
their own expense, as is required under the Consolidated Omnibus Budget Reconciliation Act (COBRA) or may be required under any other federal or state law.”
Section II. This Ordinance shall take effect as provided by City Charter.
#130 – (#21) – TRANSFER TO FIRE DEPT. – MEDICAL / DENTAL
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt with no recommendation.
The Committee on Administration and Finance to whom was referred the matter of a Transfer of $50,000.00 for Fire Dept. – Medical Dental has considered said matter and would recommend that the matter be referred back to the Mayor.
#131 – (#22) – TRANSFER TO FIRE DEPT. – MEDICAL / DENTAL RETIREES
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt with no recommendation.
The Committee on Administration and Finance to whom was referred the matter of a Transfer of $40,000.00 for Fire Dept. – Medical Dental Retirees has considered said matter and would recommend that the matter be referred back to the Mayor.
#132 – (#665) – TRAFFIC ORDINANCE FOR HOLYOKE SQUARE
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 a proposed Traffic Ordinance for reserved parking at Holyoke Square according with the Easement granted by the Salem Redevelopment Authority to Holyoke Square Inc. has considered such matter and would recommend that the proposed Ordinance be adopted for first passage.
In the year two thousand and five
An Ordinance to amend an Ordinance pertaining to Traffic reserved parking.
Be it ordained by the City Council of the City of Salem, as follows:
Section I. 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 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 II. This Ordinance shall take effect as provided by City Charter.
#133 – (#577) – ZONING ORDINANCE – USE REGULATIONS
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 the proposed zoning amendment, was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Veno, Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Lovely, Harvey, Furey, Corchado and Bencal were recorded as voting in the affirmative.
In the year two thousand and five
An Ordinance to amend an Ordinance pertaining to Salem Zoning Ordinances, Article V. Use Regulations.
Section 5 – 2. Permitted uses.
(b) (2) by deleting it in it’s entirety and replace with the following:
Two family dwellings attached.
Section 2. This Ordinance shall take effect as provided by City Charter.
#134 – (#722) – EASEMENT FOR WEST CIRCLE
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 Easement for West Circle (27 Belleau Rd.), was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Veno, Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Lovely, Harvey, Furey, Corchado and Bencal were recorded as voting in the affirmative.
That the Mayor is hereby authorized to execute a Grant of Easement for consideration of One ($1.00) Dollar, the mutual covenants contained herein, and other valuable consideration, the receipt of which is hereby acknowledged, Grantor hereby grants to the Grantee, its invitees, and its successors and assigns, with quitclaim covenants, an exclusive easement and right of way over, across, through and under a portion of the public right of way known as West Circle, Salem Massachusetts and more particularly bounded and described as “Easement Area”, on the sketch plan attached hereto and incorporated herein entitled “Easement Area Sketch in Salem, MA”, prepared by Landmark Engineering, dated August 2, 2004, (hereinafter the “Sketch Plan”), for the purpose of
maintaining a portion of the building at 27 Belleau Road, such portion consisting of an area of 74 square feet as shown on the Sketch Plan.
During Grantee use of the rights and easements granted hereby, the Grantee shall maintain the Improvements at its sole cost and expense. The Grantee shall maintain liability insurance satisfactory to the Grantor relative to use of the easement and improvements; and shall hold harmless and indemnify the Grantor from any claims or demand for damages including reasonable attorney fees in connection with use of the easement and improvements by third parties, excepting any claim or damages resulting from negligence of the Grantor or its agents, servants or employees.
#135 – (#576) – ZONING ORDINANCE FOR ACCESSORY BUILDINGS AND STRUCTURES
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 by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Lovely, Harvey, Furey, Corchado and Bencal were recorded as voting in the affirmative.
The Committee on Community and Economic Development to whom was referred the matter of a Zoning Ordinance for Accessory Buildings and Structures has considered said matter and would recommend that the attached Ordinance be adopted for first passage.
#136 – CITY CLERK SUBMITTING ELECTION CALENDAR
A communication from City Clerk Cheryl A. LaPointe, submitted the Election Calendar for 2005, was adopted.
#137 - REQUEST OF RUTHANNE DAVIS, BRETT EMERY AND JOSEPH L’HEUREUX FOR ABANDONMENT OF CITY PROPERTY
The request of Ruthanne Davis, Brett Emery and Joseph L’Heureux for abandonment of City Property between Intervale Road and Kelley Road was received and filed and referred to the City Solicitor James Gilbert for review and that he submit a recommendation for the next City Council meeting was voted.
#138 - #146 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Erik Carlson, 59 Wharf St., Salem
Anna Hayes, 15 Outlook Rd., Swampscott
Leah A. Schmidt, 640 Revere Beach Blvd., Revere
SECOND HAND Filigree & Fancy, Wharf St., Pickering Wharf, Salem
VALUABLE
TAG DAY S.H.S. Winter Percussion Ensemble, February 26, 2005
S.H.S. Lacrosse, April 9, 2005
S.H.S. Jazz Band, May 14, 2005
TAXI CAB Family Car Service, 289 Derby St., Salem
TAXI OPERATOR Camilo Divanne, 71 Harbor St., Salem
Carlos J. Pacheco, 27 Albion St., Salem
Magnolia Pimentel, 19 Harrison Ave., Salem
Victoriano Santana, 49 Harbor St., Salem
Juan Velez, 197 North St. #2, Salem
Lynda Brennan, 22 Front St., Beverly
Donald P. Bovio, 7 Plymouth St., Salem
David Doherty, 79 Harold Parker Rd., Andover
Sean McKinnon, 8 Bayview Ave., Danvers
Karyn Milaszewski, 35 South St., Somersworth, NH
#147 - #152 - CLAIMS
The following list of Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Christine M. Connolly, 346 Essex St., Salem
Priscilla A. Hobbs, 2 Cheval Ave., Salem
Angelina J. Menzone, 403 Essex St. #321, Beverly
Lena Pievsky, 13 Ryan Pl., Swampscott
Alla Presayzeh, 19 Sunrise Dr., Bradford
SUBROGRATED Thomas C. O’Keefe, III, Esq. (for Ashleigh C. Geary),
180 West Central St., Natick
#153 - #155 - BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE David J. Carroll, 19 Newhall Ave., Saugus
Richard C. Hardy, 46 Mountain Rd., Burlington
Frank P. Salvo, 24 Riverview Ave., Danvers
#704 – SECOND PASSAGE – ZONING ORDINANCE CHESTNUT STREET
The matter of second and final passage of an Ordinance amending Zoning for Chestnut Street that the R-2 district be rezoned to an R-1 district, was taken up. The Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Veno, Sosnoski, Sargent Pelletier, O’Leary, O’Keefe, Lovely, Harvey, Furey, Corchado and Bencal were recorded as voting in the affirmative.
On the motion of Councillor Pelletier, the meeting adjourned at 9:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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