A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 14, 2005 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 8, 2005 at 10 :58 A.M.
All Councillors were present.
Council President Michael Bencal presided.
Council President Michael Bencal offered prayers and thought to Officer Micheal Shea who was struck by a car while on duty.
Councillor Pelletier 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.
#271 – LAYING OUT AND ACCEPTANCE OF WHALERS LANE
A Hearing on the Laying out and Acceptance of Whalers Lane from the intersection with First Street to the intersection with Traders Way and First Street.
Councillor O’Leary moved the Hearing be recessed until the next meeting of April 28, 2005 so that the proper paperwork can be sent to the City Clerk. It was so voted.
#299 – APPT. JAMES R. WILLIS TO THE COUNCIL ON AGING
The Mayor’s appt. of James R. Willis to serve as a member of the Council on Aging for a term to expire December 1, 2006 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councill O’Leary moved that a letter of thanks and a City Seal be sent to Mr. Domingo Dominguez. It was so voted.
#300 – REAPPT. OF JEAN E. DENNIS TO THE PERSONNEL BOARD
The Mayor’s reappt. of Jean E. Dennis to serve as a member of the Personnel Board for a term to expire January 31, 2009 was confirmed.
#301 – REAPPT. OF JOHN HARRIS, KENNETH BONACCI, & DAVID TRACHT TO THE COMMISSION ON DISABILITIES
The Mayor’s reappt. of the following to serve as members of the Commission on Disabilities for the terms to expire as follows was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent:
Term Expires:
John A. Harris 86 Essex St. January 11, 2008
Kenneth Bonacci 28 Lynde St. January 11, 2007
David Tracht 14 Freedom Hollow January 11, 2007
#302 – REAPPT. CONSTABLE
Mayor’s reappt. of Gail E. Penney, 15 Myrtle St., Beverly, to serve as a Constable for a term to expires March 30, 2008 was received and filed.
#303 – APPT. CONSTABLE
Mayor’s appt. of David Almeida, 68 Sheridan St., Lynn, to serve as a Constable for a term to expires April 14, 2006, was received and filed.
#304 – APPR. CITY COUNCIL ADVERTISING
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Fund Balance – Free Cash” Account to the “City Council – Advertising” Account in accordance with the recommendation of His Honor the Mayor.
#305 – APPR. TO BE EXPENDED TO PURCHASE A SECURITY SYSTEM FOR THE COLLECTORS DEPT.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Three Thousand Three Hundred and Forty Nine Dollars and Thirty-four cents ($3,349.34) is hereby appropriated from the “Capital Outlay – Equipment” Account to purchase a Security System for the Collectors Dept. in accordance with the recommendation of His Honor the Mayor.
#306 – AUTHORIZE MAYOR TO EXECUTE FIVE YEAR AGREEMENT WITH NORTHSIDE CARTING
The following Order, recommended by the Mayor was referred to the Committee on Administration and Finance.
ORDERED: That the Mayor and the Director of Public Services are hereby authorized to execute a Five-Year Agreement between the City of Salem and Northside Carting, Inc. for the collection and disposal of solid waste generated within the City of Salem.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#307 – SALEM MAIN STREETS UPDATE THE CITY COUNCIL ON THEIR PROGRAM
Councillor Lovely introduced the following order which was adopted.
ORDERED: That the Salem Main Streets Board of Directors be invited to appear before the Committee on Community and Economic Development prior to the City Council approving the FY06 CDBG application to update the City Council on their future plans and direction of the program, and that no funding be allocated until said board appears before the Council.
#308 – RESOLUTION TO RESTORE BENEFITS FOR MASS. HEALTH
Councillor Harvey introduced the following Resolution which was adopted by unanimous roll call vote of 11 yeas, 0 nays and 0 absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
RESOLUTION:
WHEREAS: That the City Council go on record asking our Local North Shore State Legislative Delegation to approve in the House Budget Debate this coming week, to restore the benefits for Mass. Health that were eliminated in 2001 line item 4000-0870; and
That the Legislature close the loopholes that are currently in the tax code that would raise 170 million dollars in new revenue, which could be used for City and Towns and programs to help the less fortunate, House Bill 21.
BE IT FURTHER RESOLVED: That a copy of this resolution be sent to our State Representative John D. Keenan and Senator Frederick E. Berry.
#309 – TERMINATED EMPLOYEES ACCESS TO CITY EMAIL & COMPUTER SYSTEM
Councillor Pelletier introduced the following Order which was adopted.
ORDERED: that upon the termination of a city employee Department Head, said employee’s access to the City e-mail system and computer system be terminated within 48 hours of termination. And also that the City Solicitor attend a Government Services Committee meeting to give us update on the City web site and state of City wide computer system.
#310 – MEET WITH SEIU RE: PERSONAL CARE ATTENDANT PROGRAM
Councillor Harvey introduced the following order which was adopted.
ORDERED: that the Committee on Ordinances, Licenses and Legal Affairs meet with SEIU to discuss the proposed, to improve the Personal Care Attendant Program in Massachusetts.
#311 – ORDINANCE AMENDING TRAFFIC HANDICAP PARKING GRAFTON STREET
Councillor O’Leary introduced the following ordinance, which was adopted for first passage.
In the year two thousand and five
An Ordinance to amend and Ordinance relative to Traffic, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, Southbound in front of #10 Grafton Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#312 – ORDINANCE AMENDING TRAFFIC HANDICAP PARKING LYNDE STREET
Councillor Sosnowski introduced the following ordinance, which was adopted for first passage.
In the year two thousand and five
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, Southbound in front of #28 Lynde Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter
#313 – MARLBOROUGH ROAD ISSUES
Councillor O’Leary introduced the following Order which was adopted
ORDERED: that Mass. Highway cease and desist work being done between 181 – 194 Marlborough Road until issues regarding a fieldstone wall at 181 Marlborough Road and a pedestrian light at 183 – 186 Marlborough Road are resolved.
And further that the Committee of the Whole meet to discuss these issues and other matters and that the following be invited, City Engineer, Asst. Engineer, Project Manager Sue Cranney, Mayor or his representative, and the Commissioner for Mass. Highway.
#314 – STATUS OF AFFORDABLE HOUSING TRUST FUND
Councillor Corchado introduced the following order which was adopted.
ORDERED: that the Committee on Administration and Finance meet with the Mayor or Chief Aide, City Planner, City Finance Director regarding the status of the Affordable Housing Trust Fund
Councillor O’Leary assumes the presidents chair.
#315 – REMEMBERANCE DAY MAY 4TH & 5TH FLY ISRAELI & POLISH FLAG
Councillor Bencal introduced the following order which was adopted.
ORDER: That the Superintendent of Parks and Recreation be ordered to fly the Israeli and Polish flags at Riley Plaza on May 4th and 5th, in commemoration of “Rememberance Day”.
Council president Bencal assumes chair.
#316 – (#285-287 & #289) GRANTING LICENSES
Councillor Harvey offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was so 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 Brigitta Amsler, 286 Ocean Ave., Marblehead
Michael Vitka, 35 Upham St., Salem
TAG DAY Polish Legion of American Veterans, August 26, 27, & 28, 2005
TAXI OPERATOR Albert W. Calman, 47 Franklin St., Salem
#317 – (#116) - NEW YORK MOLD LAW
Councillor Harvey offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was so voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a New York Law on Toxic Mold Protection has considered said matter and would recommend that this law be endorsed by the City Council and refer this law to Representative John Keenan for Legislation.
#318 – (#27) - RISING COST OF HEALTH CARE BENEFITS
Councillor Veno offered the following report for the Committee on Administration and Finance. It was so voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of the rising cost for Health Care Benefits has considered said matter and would recommend that it remain in committee for further review.
Councillor O’Keefe recused himself and left the Council Chamber.
#319 – (#159) - TRANSFER TO FIRE DEPT. – MEDICAL/DENTAL
Councillor Veno offered the following report for the Committee on Administration and Finance. It was so voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of a Transfer of $50,000.00 from Fire Dept. – Salaries Full Time to Fire Dept. – Medical Dental has considered said matter and would recommend that the matter be returned to the Mayor.
#320 – (#160) - TRANSFER TO FIRE DEPT. – MEDICAL/DENTAL RETIREES
Councillor Veno offered the following report for the Committee on Administration and Finance. It was so voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of a Transfer of $40,000.00 from Fire Dept. – Salaries Full Time to Fire Dept. – Medical Dental Retirees has considered said matter and would recommend that the matter be returned to the Mayor
Councillor O’Keefe returned to the chamber.
#321 – (#268) -APPR. FOR POLICE CRUISERS
Councillor Veno offered the following report for the Committee on Administration and Finance. It was so 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 $197,202.00 for the lease/purchase of six (6) police cruisers has considered said matter and would recommend approval.
#322 – (#270) - ACCEPT M.G.L. CH. 44 REVOLVING ACCOUNT
Councillor Veno offered the following report for the Committee on Administration and Finance. It was so voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of accepting M.G.L. Ch. 44, Sec. 53 ½ E and Sec. 53G to establish a Revolving Account for the Conservation Commission has considered said matter and would recommend approval.
#323 – (#279) – MAKE CALABRESE ST. & FRANCIS RD. A ONE-WAY
Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was so voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of a petition of the residents of Francis Road and Calabrese Street for one-way consideration has considered said matter and would recommend that the Police Dept. place a 4-way stop on Francis Road, Calabrese Street and Bertuccio Avenue. Place “No Thru” signs on Francis Road and Bertuccio Avenue and place barrels on Francis Road and that the Salem Police Department consider the impact of making Francis Road one-way on the surrounding streets, and report back to the Committee with their findings and recommendations.
#324 – (#703) – CLEANING OUT CULVERTS
Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was so voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of culvert cleaning and pond dredging with New England Mosquito Control has considered said matter and would recommend that the City Engineering Dept. move forward to start phasing projects according to a report received on March 24, 2005 from Northeast Massachusetts Mosquito Control and Wetlands Management District.
Phase I to be cleaning of culvert at Jefferson Avenue to Dove Avenue.
Phase II to be Brooks Street and Lawrence Street to Jefferson Avenue
Phase III Mill Pond and remaining work as outlined in said report to be phased with
assistance of N.E. Mosquito Control and for Engineering Dept. to report back to Committee relative to progress thereto.
#325 – PARKING ISSUES ON ESSEX STREET
Councillor O’Leary referred a Communication from Business Owners regarding ongoing parking problems in the down town area on Essex Street to the Committee on Government Services. It was so voted.
#326 - #331 LICENSES
The following Licenses were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY Salem Little League, May 7, 2005 & June 18, 2005
Salem Babe Ruth, May 20 & 21, 2005
SHS Girls Track, June 4, 2005
Salem Football Booster, Sept. 24, 2005, Oct. 22, 2005 & Oct. 29, 2005
Knights of Columbus, October 6, 7, 8 & 9, 2005
TAXI OPERATOR Kenneth Kergo, 149 Main Street, Peabody
Felix E. Reynoso, 30 Leach Street, Salem
#332 – 334 DRAINLAYER/CONTRACT OPERATOR
The following list of Drainlayer / Contract Operator Licenses were granted:
Agganis Construction, 394 Lincoln Ave., Saugus
K & B Excavating, 105 Mason St., Salem
Peterson Enterprise, 210 Broadway, Lynn
#335 – 342 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Catherine Byrne-Moskovis, 10 Rawlins St., Salem
Louise Chudnofsky, 404 Paradise Rd., Swampscott
Nancy E. Harney, 5 Howard Ave., Peabody
Tammy M. Harvey, 4 Cross St., Salem
Edwin Martinez, 40 Pingree St., Salem
John J. McCarthy, 19 ½ Osgood St. Rear, Salem
Joanne B. Terrell, 27 Charter St. #408, Salem
Debra A. Vernava, 4 Sophia Rd., Salem
#343 – 345 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER Agganis Construction, 394 Lincoln Ave., Saugus
CONSTABLE David M. Almeida, 68 Sheridan St., Lynn
Gail E. Penney, 15 Myrtle St., Beverly
(#277) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, 2 HOUR PARKING, CHURCH STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Section 56, two (2) Hour Parking on Church Street, was then taken up. The Ordinance was adopted for second and final passage.
(#278) - SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, #106-108 BOSTON STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Section 51B, Parking Prohibited Certain Times on Certain Streets, one (1) Hour Parking in front of #106-108 Boston Street, was then taken up. The Ordinance was adopted for second and final passage.
(#275) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, RESIDENT PARKING CHESTNUT STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Section 75, Resident Parking on Chestnut Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Corchado, the meeting adjourned at 8:25 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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