A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 10, 2005 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 4, 2005 at 10:53 A.M.
All Councillors were present
Council President Michael Bencal presided.
Councillor Veno 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.
President Bencal requested a moment of silence in memory of Thomas Sullivan, retired Collector for the City of Salem and Captain William Hudson of the Fire Department who passed away.
#156 – APPT. OF THE FOLLOWING MEMBERS OF THE PARKING BOARD
The Mayor’s reappointment of the following to serve as members of the Parking Board with the term to expire January 31, 2006 was confirmed.
Sam S. Spatafore 18 Northend Ave., Salem
Suzanne E. Hensley 31 Pierce Rd., Salem
Joseph P. Hedio 17 Boardman St., Salem
#157 – #158 - APPT. & REAPPT. CONSTABLE
The Mayor’s appointment and reappointment of the following Constables for terms as designated was received and filed.
Scott F. Lanes, 126 Shore Dr., Peabody, term to expire March 1, 2006
Virginia Moustakis, 16 Cushing St., Salem, term to expire March 1, 2008
#159 – TRANSFER FOR FIRE DEPT. – MEDICAL/DENTAL
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 Order was referred to the Committee on Administration and Finance under the rules.
ORDERED: that the sum of Fifty Thousand Dollars ($50,000.00) is hereby transferred from the “Fire Dept. – Salaries Full Time” Account to the “Fire Dept. – Medical/Dental” Account in accordance with the recommendation of His Honor the Mayor.
#160 – TRANSFER FOR FIRE DEPT. – MEDICAL/DENTAL RETIREES
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 Order was referred to the Committee on Administration and Finance under the rules.
ORDERED: that the sum of Forty Thousand Dollars ($40,000.00) is hereby transferred from the “Fire Dept. – Salaries Full Time” Account to the “Fire Dept. – Medical/Dental Retirees” Account in accordance with the recommendation of His Honor the Mayor.
#161 – APPR. PARK & REC. – GOLF COURSE EQUIPMENT
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 Order was referred to the Committee on Administration and Finance under the rules.
ORDERED: that the sum of Twenty-One Thousand, Eighty-two Dollars ($21,082.00) is hereby appropriated from the “Receipts Reserved – Golf Course” Account to the “Park & Recreation – Golf Course Equipment” Account in accordance with the recommendation of His Honor the Mayor.
#162 – APPR. CEMETERY - BURIAL
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 Order was referred to the Committee on Administration and Finance under the rules.
ORDERED: that the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Receipts Reserved – Sale of Lots” Account to the “Cemetery - Burial” Account in accordance with the recommendation of His Honor the Mayor.
#163 – FORM OPEN SPACE COMMISSION
Councillor Furey introduced the following order which was adopted
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs look into the possibility of forming an Open Space Commission to help identify and inventory open spaces. Invited to such meeting would be the City Planner, a representative from the Planning Board, Conservation Commission, Friends of Salem Woods and Mayors office.
#164 – RESUMPTION OF BICYCLE RACES IN SALEM
Councillor Sosnowski introduced for Council President Bencal the following order which was adopted.
ORDERED: that the Committee on Community and Economic Development meet with Dan Shuman of Salem Cycles to the resumption of bicycle races in Salem. Further, that the Salem Common Association, Mayor, Director of Public Works and representatives of the Police and Fire Departments be invited to attend.
#165 – CONSOLIDATE BUGET DIRECTORS FOR SCHOOL & CITY
Councillor Harvey introduced the following order which was adopted 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.
ORDERED: that the City Council approve the consolidation of Budget Directors on both the School and City side of the budgets under the Massachusetts General Laws and that the Council order be sent to the School Committee for their ratification.
#166 – AMENDING SNOW REMOVAL ORDINANCE
Councillor Sosnowski introduced the following order which was adopted.
ORDERED: that the Committee on Ordinances, Licenses and Legal Affairs meet to discuss amending the Ordinance relative to ice and snow removal, Chapter 38. Also to include snow removal from school bus stops, drains and hydrants and damage done to property by snow removal. And that the following be invited, Building Inspector, Public Services Director, Assistant Public Services Director, Capt. Callahan of Police Traffic Division, representative of the Mayors office and Mass. Highway.
#167 – AUDIT REVIEW FOR RECYCLING
Councillor Lovely introduced the following order which was adopted.
ORDERED: that the Department of Public Works/Engineering Department submit an audit/review of the city’s recycling program for the past five (5) years. Said audit/review to include but not be limited to quantity (in tons) of all curbside recycled materials picked up by the city’s contractor and cost to dispose thereof, broken down by months and any and all recycling grants that the city has applied to and received, and that the matter be referred to the Committee on Administration and Finance.
#168 – EXCESSIVE LONG TERM PARKING ON CHARTER, CENTRAL & FRONT STREET
Councillor Lovely introduced the following order which was adopted.
ORDERED: that a meeting be scheduled to address the matter of temporary excess long term parking that is occurring in the Front Street, Central Street and Charter Street area and the matter of snow removal from city parking spaces, including handicap spaces be addressed at said meeting, and that the matter be referred to the Committee on Community and Economic Development for further review.
#169 – ORDINANCE TRAFFIC, STOP SIGN, NEW DERBY STREET
Councillor Corchado introduced the following Traffic Ordinance which was adopted for first passage.
In the year two thousand and five.
An Ordinance to amend an Ordinance relative to Traffic, Stop Sign.
Be I 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:
“New Derby Street, eastbound, at the intersection with Congress Street. Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.\
#170 – CARBON MONOXIDE DETECTORS
Councillor O’Keefe introduced the following order which was adopted.
ORDERED: the Committee on Ordinances, Licenses and Legal Affairs meet with Fire Chief David W. Cody and Inspector of Buildings Thomas J. St. Pierre to discuss the feasibility of Council adoption of an amendment of the Salem Code of Ordinances, Chapter 20, Fire Prevention Code, Article III, requiring, upon the sale or transfer of occupancy, the installation of approved carbon monoxide (CO) detector alarms (UL Standard 2034), in every building of residential or mixed occupancy use where there are one or more residential units. It would be the responsibility of the seller or renter of the residential property to install/maintain the approved carbon monoxide (CO) detector alarms. The head of the Fire Department would enforce the provisions of any ordinance.
#171 – AFFORDABLE HOUSING STOCK IN CITY OF SALEM
Councillor Sargent introduced the following order which was adopted.
ORDERED: that the Salem City Council Committee on Ordinances, Licenses and Legal Affairs meet to discuss the possibility of adding an affordable housing clause for future development in Salem and make recommendations to the full City Council. And that the City Council with update and status on affordable housing stock and where it sits within Ch. 40B and the 10 percent in the City of Salem.
#172 – (#138 - #146) GRANTING 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.
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.
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
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
Magnolia Pimentel, 19 Harrison Ave., Salem
Victoriano Santana, 39 Harbor St., Salem
Juan Velez, 197 North St. #2, Salem
Lynda Brennan, 22 Front St., Salem
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, N.H.
#173 – (#19) – APPR. POLICE – MEDICAL/DENTAL
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 to “Police – Medical/Dental” Account, has considered said matter and would recommend approval.
#174 – ABANDONMENT OF PROPERTY
The following communication was received after the deadline of Tuesday Noon. Councillor Lovely requested and received unanimous consent to suspend the rules
A communication from Solicitor James Gilbert, regarding a request to abandon the property located between Intervale Rd. and Kelley Rd. was referred to the Committee on Community and Economic Development.
#175 - #178 – LICENSES APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
SECOND HAND Compliments Resale Boutique, 132 Boston St.
VALUABLE
TAG DAY S.H.S. Baseball Boosters, April 23, 2005
TAXI CAB Salem Taxi, 201 Washington St., Salem (6 cabs)
TAXI OPERATOR Albert Avallon, 98 Newbury St., Danvers
Crescencio Martinez, 105 Congress St., Salem
Ramon Bruno, 138 Franklin St. #7, Lynn
Scott Rawinsky, 466 Newbury St., Danvers
Edwin J. Smith, 466 Newbury St., Danvers
#179 - #184 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following list of Drainlayer / Contract Operator Licenses were granted
Calnan Construction, 17 Reservoir Rd., Lynn
J. Masterson Construction Corporation, 46 Prince St., Danvers
Lima Construction & Paving Inc., 28 River St., Middleton
Meninno Construction Company Inc., 76 Oakville St., Lynn
Pumel Enterprises, P.O. Box 2123, Danvers
J. Doyle Backhoe, 239 Eastern Ave., Gloucester
#185 - #187 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Paul Cormier, 92 Moffatt Rd., Salem
Rebecca Farahbakhsh, 6 Sapphire Ave., Marblehead
Shirley Morovitz, 904 Ferncroft Towers, Danvers
#188 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Scott F. Lanes, 126 Shore Dr., Peabody
(#576) – SECOND PASSAGE – ORDINANCE AMENDING ZONING, CH. 7-8, ASSESSORY BUILDINGS & STRUCTURES
The matter of second and final passage of an Ordinance amending Zoning, Ch. 7-8, Assessory Buildings and structures, was then taken up. The Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays and 0 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Lovely, Harvey, Furey, Corchado, and Bencal were recorded as voting in the affirmative.
Councillor Sosnowski moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
(#577) – SECOND PASSAGE – ORDINANCE AMENDING ZONING, CH. 5-2, PERMITTED USES
The matter of second and final passage of an Ordinance amending Zoning, Ch. 5-2, Permitted Uses, was then taken up. The Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays and 0 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Lovely, Harvey, Furey, Corchado, and Bencal were recorded as voting in the affirmative.
Councillor Lovely moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
(#665) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, SEC. 54A, RESERVED PARKING, HOLYOKE SQUARE
The matter of second and final passage of an Ordinance amending Traffic, Reserved Parking, Holyoke Square, was then taken up. The Ordinance was adopted for second and final passage.
(#129A) – SECOND PASSAGE – ORDINANCE AMENDING , SEC. 48, COMPENSATION & CONDITIONS OF EMPLOYMENT
The matter of second and final passage of an Ordinance amending Sec. 48, Compensation of Employment, was then taken up. The Ordinance was adopted for second and final passage by roll call vote of 9 yeas, 2 nays and 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.
Councillor Harvey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
On the motion of Councillor Harvey, the meeting adjourned at 8:05 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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