A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 28, 2005 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 22, 2005 at 9:22 A.M.
All Councillors were present.
Council President Michael Bencal presided.
Councillor Sosnowski 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.
(#298) – CONTINUATION OF LAYING OUT / STREET ACCEPTANCE OF WHALERS LANE
Continuation of a Hearing for the Laying out and acceptance of Whalers Lane from the intersection with First Street to the intersection with Traders Way and First Street.
Councillor Pelletier read the letter from City Engineer Bruce Thibodeau, regarding his decision of approval of acceptance of Whalers Lane. Also read for the record was the letter from the Assistant Solicitor Elizabeth Rennard, asking the City Council for their approval of the street acceptance for Whalers Lane.
Councillor Harvey commented as to the good work getting this done. Councillor Furey thanked the Engineer for getting this done and making Whalers Lane part of this City. Councillor O’Leary remarked that we are doing this the right way including all the paperwork. Councillor Pelletier thanked Councillor Lovely and the Engineer for getting this done right.
There was no one in opposition.
Councillor Pelletier moved the Hearing be closed. It was so voted.
Councillor Pelletier moved for approval by roll call vote. It 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.
#346 – APPT. STANLEY P. CAHILL, SALEM YOUTH COMMISSION
The Mayor’s appointment of Stanley P. Cahill to serve as a member of the Youth Commission for a term to expire December 1, 2007, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#347 – REAPPT. JAMES F. ZISSON, PERSONNEL BOARD
The Mayor’s reappointment of James F. Zisson as a member of the Personnel Board for a term to expire January 31, 2009, was confirmed.
#348 – REAPPT. KATHRYN A. YWUC, PERSONNEL BOARD
The Mayor’s reappointement of Kathryn A. Ywuc as a member of the Personnel Board for a term to expire January 31, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#349 – TRANS. PUBLIC SERVICES – SEWER INFRASTRUCTURE REPAIR
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of One-Hundred-Sixty Thousand Dollars ($160,000.00) is hereby transferred from the “Retained Earnings – Sewer Fund” Account to “Public Services – Sewer Infrastructure Repair” Account in accordance with the recommendation of His Honor the Mayor.
#350 – APPR. LEGAL SERVICES
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Eighty Thousand Dollars ($80,000.00) is hereby appropriated from “Fund Balance – Free Cash” Account to “Legal Services” Account in accordance with the recommendation of His Honor the Mayor.
#351 – APPR. PUBLIC SERVICES – SEWER PUMP
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fifty-five Thousand Dollars ($55,000.00) is hereby appropriated from “Retained Earnings – Sewer Fund” Account to “Public Services – Sewer Pump Station Operation & Maintenance” Account in accordance with the recommendation of His Honor the Mayor.
#352 – APPR. PUBLIC SERVICES – SEWER PUMP STATION SUPPLIES
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Forty-five Thousand Dollars ($45,000.00) is hereby appropriated from “Retained Earnings – Sewer Fund” Account to “Public Services – Sewer Pump Station Supplies” Account in accordance with the recommendation of His Honor the Mayor.
#353 – TRANS. PUBLIC SERVICES – GASOLINE/DIESEL FUEL
The following order, recommended by the Mayor, was withdrawn by the Mayor.
ORDERED: That the sum of Thirty-five Thousand Six Hundred Seventy-one Dollars ($35,671.00) is hereby transferred from “Fire Full – Time Salary” Account to “Public Services – Gasoline/Diesel Fuel” Account in accordance with the recommendation of His Honor the Mayor.
#354 – TRANS. PUBLIC PROPERTY – BUILDING MAINTENANCE
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Thirty-three Thousand Four Hundred Fifty Dollars ($33,450.00) is hereby transferred from “Finance – Full Time Salary” Account to “Public Property – Building Maintenance” Account in accordance with the recommendation of His Honor the Mayor.
#355 – APPR. PUBLIC SERVICES – SEWER INFRASTRUCTURE REPAIR
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated from “Retained Earnings – Sewer Fund” Account to “Public Services – Sewer Infrastructure Repair” Account in accordance with the recommendation of His Honor the Mayor.
#356 – APPR. PUBLIC SERVICES – SEWER INFRASTRUCTURE REPAIR
The following order, recommended by the Mayor, 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 “Retained Earnings – Sewer Fund” Account to “Public Services – Sewer Infrastructure Repair” Account in accordance with the recommendation of His Honor the Mayor.
#357 – TRANS. POLICE – MEDICAL / DENTAL
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Six Thousand Dollars ($6,000.00) is hereby transferred from “Finance – Full Time Salary” Account to “Police – Medical / Dental” Account in accordance with the recommendation of His Honor the Mayor.
#358 – TRANSFER TO PURCHASING – ADVERTISING
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby transferred from “North Shore Regional Voc Assessment” Account to “Purchasing Advertising” Account in accordance with the recommendation of His Honor the Mayor.
#359 – TRANSFER TO LICENSING – FULL TIME SALARY
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Three Thousand Six Hundred Dollars ($3,600.00) is hereby transferred from “Finance – Full Time Salary” Account to “Licensing – Full Time Salary” Account in accordance with the recommendation of His Honor the Mayor.
#360 – APPR. PARKING FOR TICKET SPITTER
The following order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2,500.00) is hereby appropriated from “Capital Outlay - Equipment” Account to be expended for repair to the ticket spitter at the Church Street Parking Lot in accordance with the recommendation of His Honor the Mayor.
#361 – RESOLUTION STEVE KESSELMAN
Councillor Harvey introduced the following Resolution which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
WHEREAS: Steve Kesselman of the National Park Services is retiring after his 27 plus years of service to the National Park Service and;
WHEREAS: He is being honored today for his service as a historian, unit manager and superintendent over the years for five different parks in the National Park Service, the Fire Island National Seashore, William Floyd Estate, William Howard Taft and Herbert Hoover National Historic sites and;
WHEREAS: In 1993 he became the Superintendent of our Salem Maritime National Historic Society and served as the liaison for the proposed Essex National Heritage Area which was designated by Congress in 1996 and;
WHEREAS: Steve Kesselman for his lengthy list of accomplishments has devoted himself to our beloved City of Salem.
NOW THEREFORE BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, extend our appreciation and thanks to Steve Kesselman.
AND BE IT FURTHER RESOLVED: that this resolution be made a matter of record of these proceedings, and that a suitable copy be presented to Steve Kesselman, along with a copy of the City Seal, on behalf of the Salem City Council, as a token of our admiration for his many years of dedication to this City, and we extend our very best wishes for many retirement years of health and happiness.
#362 – SBAB SCHOOL AUDIT
Councillor Harvey introduced the following Resolution which was adopted.
ORDERED: That the Committee of the Whole meet with the Finance Director, School Committee to discuss the SBAB Audit of the Collins Middle School and Saltonstall School and the School Building Assistance Bureau be invited to attend.
#363 – ORDINANCE AMENDING TRAFFIC BERTUCCIO AVENUE
Councillor Pelletier 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 it 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:
Bertuccio Avenue westbound at the intersection with Calabrese Street, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#364 - ORDINANCE AMENDING TRAFFIC FRANCIS ROAD
Councillor Pelletier 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 it 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:
Francis Road eastbound at the intersection with Bertuccio Avenue, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#365 – COMMONWEALTH OF MASS. SCHOOL DISTRICT EXAMINATION REPORT
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Commonwealth of Massachusetts School District Examination Report for Salem Public Schools dated October 2004 be referred to the Committee on Administration and Finance for review and that the matter be discussed with the School Committee and Superintendent during budget hearings of the school department budget.
#366 – ORDINANCE AMENDING TRAFFIC ARBELLA STREET
Councillor Sosnowski 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, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, is hereby amended by adding the following:
In front of #18 Arbella Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#367 – COMMITTEE FOR CITY-WIDE FLOOD CONTROL
Councillor Harvey introduced the following Order which was adopted.
ORDER: That a City-wide committee on flood control be formulated by the City Council. The Committee shall consist of, but not limited to, the Ward 3 Councillor, Mr. Fred Votta, both as co-chairs, 1 Councillor-at-large and 2 Ward Councillors appointed by the Council President, the Health Agent, City Engineer, City Planner, and a member of the business community and a member of the Northeast Mosquito Control Agency.
And be it further ordered that the committee add members as need be and that the City Council Chambers be used as a venue for such meetings. And be it further ordered that a draft mitigation or multi hazard mitigation plan be sent to the Council in the next several weeks. And that Lt. Levasseur of the Fire Department be invited.
#368 – ORDINANCE AMENDING TRAFFIC PRESCOTT STREET
Councillor Pelletier 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, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, is hereby amended by adding the following:
In front of #23 Prescott Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#369 – ORDINANCE AMENDING TRAFFIC BROADWAY
Councillor Veno 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, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, is hereby amended by adding the following:
In front of #101 Broadway, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#370 – ORDINANCE AMENDING TRAFFIC BUTLER STREET
Councillor O’Leary 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, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, is hereby amended by adding the following:
In front of #57 Butler Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter
#371 – FINANCIAL REPORT ENDING MARCH 31, 2005
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the enclosed Financial Report ending March 31, 2005 be received and placed on file.
#372 – LETTER FROM MASS. HIGHWAY
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the letter from Massachusetts Highway be sent to the Committee of the Whole.
#373 – TWENTY MILE AN HOUR SIGN AT CONSTRUCTION SITES
Councillor O’Leary introduced the following Order.
ORDERED: That the Police Traffic Division place a Twenty (20) mile an hour sign at any construction site for the safety of Police Officers and construction workers. And that anyone that travels beyond this speed limit a stiff fine is imposed of two-hundred dollars ($200.00).
Councillor Harvey moved to amend the Order to include anyone who travels beyond this posted speed limit shall receive a stiff fine of $200.00. The order was adopted as amended.
#374 – NEW ROAD BE NAMED BURKINSHAW WAY
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the new road leading to the Witchcraft Heights School off Puritan Road be named Burkinshaw Way. And that it be referred to the School Committee for their vote.
Councillor O’Leary assumed the chair for President Bencal.
#375 – CONSERVATION COMMISSION ENFORCE LEGAL ACTION FOR ILLEGAL DUMPING
Councillor Bencal introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the Conservation Commission be requested to begin enforcement and legal action against the party or parties responsible for the illegal dumping of railroad ties in the North River, along Harmony Grove Road. Further, that the Conservation Commission report back to the City Council of their actions no later than June 21, 2005.
Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#376 – MEET WITH PEABODY CITY COUNCIL REGARDING MUTUAL CONCERNS
Councillor Bencal introduced the following Order.
ORDERED: That the Peabody City Council be invited to appear before the Committee of the Whole to discuss issues of mutual concern. Further, that the President of the Peabody City Council contact the President of the Salem City Council in order to find a mutually agreeable date to conduct this meeting.
Councillor Sosnowski amended the order to invite a representative from Mass. Highway.
It was so voted.
Councillor O’Keefe amended the order to include an invitation to the MBTA, the Mayor or his representative of both cities. It was so voted. The Order was adopted as amended.
Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#377 - ORDINANCE AMENDING TRAFFIC NORTH STREET
Councillor Bencal 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, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, is hereby amended by adding the following:
In front of #109 North Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
President Bencal resumed the Chair.
#378 – (#326-#331) 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.
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.
TAG DAY
Salem Little League, May 7, and June 18, 2005
Salem Babe Ruth, May 20 and 21, 2005
SHS Girls Track, June 4, 2005
Salem Football Booster, September 24, and October 22, and 29, 2005
Knights of Columbus, October 6, 7, 8 and 9, 2005
TAXI OPERATOR
Kenneth Kergo, 149 Main Street, Peabody
Felix E. Reynoso, 30 Leach Street, Salem
#379 & #379A - (#310) – PERSONAL CARE ATTENDANTS PROGRAM
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 proposed improvements to Personal Care Attendants Program in Massachusetts has considered said matter and would recommend that the enclosed Resolution be adopted.
Salem City Council Resolultion
in Support of PCA Quality Home Care Workforce Act, SB139
WHEREAS: Thousands of Massachusetts seniors and people with disabilities live independently in their own homes, which they prefer and is less costly than institutional services, with the assistance of personal care attendants, paid by the State of Massachusetts and;
WHEREAS: The community of people with disabilities and seniors, which comprise approximately fourteen percent (14%) of the population of Salem, is highly reliant on quality home care work to maintain their independence and quality of life and;
WHEREAS: The need for in-home care continues to grow exponentially as the baby boomer generation matures and;
WHEREAS: The quality of care provided to people with disabilities and senior citizens is diminished because of a lack of stability in the workforce, which is the result of personal care attendants receiving low wages and few benefits and;
WHEREAS: Recruiting and retaining personal care attendants has been an ongoing problem because the more systematic barriers to employment have not been addressed and;
WHEREAS: Consumer Control of services and supports for people with disabilities is a fundamental organizing principle of the independent living movement and;
WHEREAS: The creation of workforce councils gives disability community leaders and consumers seats on the workforce council board and;
WHEREAS: The creation of workforce councils in other states, such as California, Washington, and Oregon, has successfully stabilized the workforce, raised the quality of life of personal care attendants, and been directed by consumers;
NOW THEREFORE BE IT RESOLVED: That the Salem City Council endorses the PCA Quality Workforce Council legislation, SB 139.
The Resolution 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.
#380 – (#269) – TRANSFER TO CEMETERY – 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 a Transfer of $6,406.00 from “Receipts Reserved – Sale of Vaults” to “Cemetery - Equipment has considered said matter and would recommend approval.
#381 & #381A – (#309) – CITY-WIDE WEB SITE
Councillor Furey offered the following report of the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of the City web site and access to City email and computer system by terminated employees has considered said matter and would recommend that the following order was adopted.
ORDERED: That a letter be sent to the President of Salem State College, Dr. Nancy Harrington to request help and assistance via an intern for our city website from their Computer Science Department. Also Ms. Kate Sullivan be advised in regards to our website and an internship program.
#382 – PARKING ISSUES IN DOWNTOWN AREA
Councillor Furey offered the following report of the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of the a letter from business owners regarding parking issues in the down town area has considered said matter and would recommend that the Committee on Government Services at its next meeting invite Mr. James Hacker, Parking Director to discuss parking in the whole downtown area. Also invited to this meeting a representative of the Chamber of Commerce, Main Streets Program, Mr. Dick Simard, Mr. Barry Neely, Capt. Callahan, and the Hearing Officer William Herlihy.
#383 – USE OF ESSEX STREET, RED HERRING MORRIS DANCE TOUR
The request of Jeff Bigler of Red Herring Morris Dance Tour to perform on the Essex Street Mall on May 14, 2005 from 11:00 A.M. to 3:30 P.M. was granted.
#384 – #385 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY Salem High School Softball, May 15, 2005
LICENSES CONTINUED:
TAXI OPERATOR Shawn Capozzi, 15 Bow St., Saugus
Randall J. Enos, 655 Western Ave., Lynn
#386 - #388 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Frank A. Cloutier, 9A Cleveland Rd. Ext., Salem
Angeline M. Madden, 38 Norwood Ave, Manchester
Candice Ortiz, 4 Horton St., Salem
#311- SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, GRAFTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking on Grafton Street, was taken up. The Ordinance was adopted for second and final passage.
#312 - SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, LYNDE STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking on Lynde Street, was taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 9:00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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