A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 13, 2005 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 7, 2005 at 11:00 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.
#730 – APPT. AARON UDY TO COMMISSION ON DISABILITIES
The Mayor’s appointment of S. Aaron Udy to serve as a member of the Commission on Disabilities for a term to expire March 1, 2006, was confirmed under suspension of the rules, by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Pelletier requested and received suspension of the rules to allow Mr.Udy to speak.
#731 – REAPPT. WALTER B. POWER III TO PLANNING BOARD
The Mayor’s reappointment of Walter B. Power III, to serve as a member of the Planning Board for a term to expire May 1, 2010, was confirmed under suspension of the rules, by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#732 – 733 - CONSTABLES
The Mayor’s reappointment of the following to serve as a Constable was received and filed.
John J. Ruehrwein, 32 Pine St., Wakefield Term to expire: December 10, 2008
Manuel Sanchez, Jr., 501 Washington St., Lynn Term to expire: October 1, 2008
#734 – APPR. CEMETERY - BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seven Thousand One Hundred and Fifty Dollars ($7,150.00) 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.
#735 – DECLARE PARKING LOT AT 1 SALEM GREEN AS SURPLUS
The following Order, recommended by the Mayor, was referred to the Committee of the Whole.
ORDERED: That pursuant to Salem Code of Ordinances, Section 2-1635 (B), the City Council declares the Parking Lot at One Salem Green, 74 Church Street as shown on the Assessors Map 35, Lot 0215, as surplus land and hereby authorizes the Mayor to direct the Building Inspector to sell said property by sealed bid.
#736 - DECLARE ENDICOTT SCHOOL PROPERTY AS SURPLUS
The following Order, recommended by the Mayor, was referred to the Committee of the Whole.
ORDERED: That pursuant to Salem Code of Ordinances, Section 2-1635 (B), the City Council declares the Endicott School property located at 110 Boston Street as shown on the Assessors Map 16, Lot 0172, as surplus land and hereby authorizes the Mayor to direct the Building Inspector to sell said property by sealed bid.
#737 – AGREEMENT RENT LAND REAR OF POLICE STATION
The following Order, recommended by the Mayor, was referred to the Committee of the Whole.
ORDERED: That the Mayor be authorized to enter into an agreement to rent a small section of land shown on the attached plan, located to the rear of the Police Station.
#738 – ORDINANCE RELATIVE TO ADVERTISING
The following Ordinance, recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and five.
An Ordinance to amend an ordinance relative to advertising.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 4, Advertising shall be amended by deleting the following sections of Article 1 in their entirety and re-numbering the remaining sections within Article 1:
Section 4-1. Permit required to carry sign, placard, banner.
No Person shall carry upon any sidewalk or street any sign, placard or banner containing advertising or reading matter without obtaining a permit from the city marshal.
Section 4-4. Permit required for distributing handbills or flyers.
No person shall distribute or circulate or cause to be distributed or circulated any handbills, cards, posters or flyers in or upon any public street, way or place, except upon permission duly granted in writing by the city marshal. A copy of such handbill, card, poster or flyer so proposed to be distributed, or circulated shall accompany the application for the permit. No such permit shall be construed to allow the throwing or scattering of such handbills, cards, posters or flyers in or upon the city streets or sidewalks.
Section 2. This Ordinance shall take effect as provided by City Charter.
#739- ACCEPT M.G.L. CH.138, SEC. 12B, OPERATION OF PREMISES LICENSED TO SELL ALCOHOL BEVERAGES; NUDITY
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
ORDERED: That the City of Salem hereby accepts M.G.L. Chapter 138, Section 12B, which allows that no licensee, licensed under the provisions of section twelve, shall suffer or permit any person to appear on said licensed premises in any manner or attire as to expose to public view any portion of the pubic area, anus, vulva or genitals, or any simulation, thereof, or shall suffer or permit any female to appear on licensed premises in such manner or attire as to expose to view any portion of the breast below the top of the areola, or any simulation thereof. Any violation of the provisions of this section shall be enforced by the alcoholic beverage control commission and the local authorities.
#740 – APPR. HEALTH INSURANCE TRUST – OTHER FINANCIAL SERVICES
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 to allow the matter to come before the Council.
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That sum of Two Million, One Hundred Forty-two Thousand Nine Hundred and One Dollars ($2,142,901.00) is hereby appropriated to the “Health Insurance Trust – Other Financial Sources” account to be funded by property taxes, state aid, non property tax revenue and reserves when the FY 2006 tax rate is set in accordance with the recommendation of His Honor the Mayor.
#741 – RESOLUTION – RYAN RILEY SPORTS AMBASSADOR 2006
Councillor Pelletier introduced the following Resolution, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
RESOLUTION:
WHEREAS: Ryan Riley has earned the honor of participating as Ambassador to the People to People Sports Program to be held in Holland the summer of 2006.
WHEREAS: Ryan Riley was chosen from national sports organizations and nominated after careful evaluation and interviews by People to People coaches, leaders and alumni.
WHEREAS: Ryan Riley will represent the United States in international competitions as an American athlete and join a delegation of athletes from 50 states in 8 different sports events.
WHEREAS: This event was organized in 1956 by President Dwight D. Eisenhower with the idea that ordinary citizens of different nations would come together through education, competition and goodwill and forge lifelong friendships around the world to help promote peace, harmony and human dignity.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, extend congratulations to Ryan Riley as Ambassador of United States and the City of Salem.
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 Ryan Riley, on behalf of the Salem City Council, as a token of our support and admiration.
Councillor Pelletier requested and received unanimous consent to suspend the rules and allow Ryan Riley to speak.
#742 – COUNCIL BE FURNISHED LIST OF ALL CITY EQUIPMENT
Councillor Pelletier introduced the following Order.
ORDERED: That pursuant to the Capital Improvement Projects Program, that all City Departments furnish this Council and the incoming administration, with a detailed list of all motorized sweepers, uniloaders, gators, cars, SUV’s, said list to be given to the Council within 50 days. This list should also include the following information.
1. Make, model, year, mileage
2. Does said equipment have a plow or sander
3. Does said equipment have City Seal on both doors
4. Is said equipment taken home by City employee
5. Brief paragraph describing condition of said vehicle and possible life span of said vehicle
6. List to include current and future surplus equipment
Councillor Lovely amended to include VIN #’s for each Vehicle. It was so Voted
Councillor O’Keefe amended to include list of all vehicles that are fueled at the DPW. It was so voted.
The Order was adopted as amended so that it shall now read as follows:
ORDERED: That pursuant to the Capital Improvement Projects Program, that all City Departments furnish this Council and the incoming administration, with a detailed list of all motorized sweepers, uniloaders, gators, cars, SUV’s, said list to be given to the Council within 50 days. This list should also include the following information.
1. Make, model, year, mileage and VIN # for each vehicle
2. Does said equipment have a plow or sander
3. Does said equipment have City Seal on both doors
4. Is said equipment taken home by City employee
5. Brief paragraph describing condition of said vehicle and possible life span of said vehicle
6. List to include current and future surplus equipment
7. And list to include all vehicles that are fueled at the DPW.
#743 – COMMITTEE MEET TO DISCUSS AMENDING ZONING FOR DRIVE THROUGHS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development meet to discuss an amendment to the current Zoning Ordinance relative to laws for drive-throughs and that such drive-throughs be allowed by special permit only. And that the following be invited Planner, Planning Board, Solicitor, Mayor or his representative.
#744 – HOME RULE PETITION FOR BOCCA ITALIANO
Councillor Lovely introduced the following Order which was adopted.
ORDERED: That the City Council consider sending a home rule petition to the General Court via Representative Keenan for an annual full-time Beer and Wine License for said restaurant informally has the blessing of the Chairman of the Licensing Board. And that the attached correspondence from Attorney Nicholas Abeloiotis, attorney for the petitioner be referred to the Committee on Community and Economic Development for a hearing regarding same.
#745 – ORDINANCE AMENDING TRAFFIC, NO PARKING ZONE, NAUMKEAG STREET
Councillor Corchado introduced the following Ordinance which was adopted for first passage.
In the year two thousand and five
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74, Naumkeag Street, “No Parking, Tow Zone”
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Naumkeag Street in its entirety, both sides. “No parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#746 – FINANCIAL REPORT OF AUGUST 31, 2005
Councillor Veno introduced the following Order, which was adopted.
ORDER: That the August 31st, 2005 Financial Report be received and placed on file.
#747 – INCREASE POLICE PATROLS FOR HALLOWEEN
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Police Department increase patrols in the Witchcraft Heights area and throughout the City on Halloween.
#748 – SOLICITOR GIVE REPORT ON STATUS OF CLAIMS
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the City Solicitor give this Council and the Incoming Administration a detailed report on the current status of all legal claims against the City. This report shall be due by the first of January 2006. Per order of Section 2-415 Annual Report (due April 1st of each year).
#749 – ELECTION ORDER - FOR NOVEMBER 8, 2005 CITY ELECTION
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the City at the polling places designated hereinafter on Tuesday, November 8, 2005, for the purpose of casting votes in the City Election for the election of candidates for the following Offices:
Mayor : for the term of four years
Four Councillors at Large: for the the term of two years
Councillors of Ward One, Two, Three, Four, Five, Six and Seven: for the term of two years
Three Members of the School Committee: for a term of four years
AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings:
WARD ONE
PRECINCT ONE Bentley School, Memorial Drive
PRECINCT TWO Recreation Room, 27 Charter Street
WARD TWO
PRECINCT ONE Carlton School, 10 Skerry Street
PRECINCT TWO Salem Heights Recreation Room, 12 Pope Street
WARD THREE
PRECINCT ONE Council on Aging, 5 Broad Street
PRECINCT TWO Ste. Anne’s School, 9 Cleveland Street
WARD FOUR
PRECINCT ONE Endicott School, 112 Boston Street
PRECINCT TWO Princeton Crossing Community Center, 12 Heritage Drive
WARD FIVE
PRECINCT ONE Temple Shalom, Lafayette Street, (front entrance)
PRECINCT TWO Community Room, Pioneer Terrace
WARD SIX
PRECINCT ONE Bates School, Liberty Hill Avenue
PRECINCT TWO Park and Recreation Dept., Mack Park
WARD SEVEN
PRECINCT ONE Fire Station, 64 Loring Avenue
PRECINCT TWO Salem State Gymnasium, Harrison Road
AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law.
#750 – DISCUSS A ZONING AMENDMENT RE: CURB CUTS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development meet to discuss an amendment to the current Zoning Ordinance for rules establishing curb cuts in residential areas and that there only be one curb cut per lot 12 to 14 feet wide, anything wider would require special permit by variance and never to exceed 24 feet.
And that the following be invited, Planner, Planning Board, Solicitor, Mayor or his representative.
#751 – CITY COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER 2005
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the regular meetings of the City Council for the months of November and December 2005, be held on the following dates:
Thursday, November 3, 2005
Thursday, November 17, 2005
Thursday, December 8, 2005
#752 – FUTURE BOND BILL FOR DRAINAGE LINE ON MOFFATT ROAD
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet with the city-wide Flood Control Committee to discuss the future bond bill for the drainage line on Moffatt Road. Invited are the Public Works Director and his assistant, Mayor or his designee, a representative from Metcalf and Eddy Engineering Firm, the City Solicitor, Planning Director, Chairperson of the Zoning Board of Appeals and Building Inspector.
Further to discuss ongoing drainage maintenance projects in Ward 3. Also that any future meetings on development, which concerns drainage or flooding, that the chairperson of the Flood Control Committee be notified in writing.
#753 – ZONING AMENDMENT FOR PARKING SPACES ON NEW DEVELOPMENT
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development meet to discuss an amendment to the current Zoning Ordinance for new residential development to include two parking spaces per unit regardless of the zone.
And that the following be invited, Planner, Planning Board, Solicitor, Mayor or his representatitve.
#754 – (#724 - #727) – 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:
PUBLIC GUIDE Jeffrey S. Horton, 16 Garfield Ave., Beverly
TAXI OPERATOR Lamont H. Chisholm, 116 Lafayette St., Salem
Gary P. Richard, 153 Washington St., Peabody
LIMOUSINE Salem Taxi Corp., 201 Washington St, Salem (1 Limo)
TAG DAY S.H.S. Swim Team, December 10, 2005
#755 – (#712 -#713 - #794) – APPROPRIATION OF REDUCTION OF FY06 BUDGET
Councillor O’Leary offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation. Councillor O’Keefe was recorded as opposed.
The Committee of the Whole to whom was referred the matter of Appropriation of reduction of Fiscal Year 2006 Budget and Fire Department Full Time Salary Appropriation has considered said matter and would recommend that the above listed matters be returned to the Mayor and that they be returned to the Council by it’s next regularly scheduled meeting. Further, that the Mayor be requested to call a Special Meeting of the School Committee to take up the reduction of the School Budget to fund the Court ordered appropriation.
#756 – APPOINTMENT OF CHRISTOS CHRISTOUDIAS TO DESIGN REVIEW BOARD
Communication from City Planner Lynn Duncan and the Salem Redevelopment Authority regarding an appointment of Christos Christoudias to the Design Review Board was referred to the Committee on Ordinances, Licenses and Legal Affairs. Councillor O’Keefe was recorded as opposed.
#757 – REQUEST FROM DUNKIN DONUTS FOR SPECIAL HOURS
A request from the owner of Dunkin Donuts located at 282 Derby Street for a special closing time for Monday, October 31, 2005 of 1:00 a.m. was granted.
#758 – BLOCK PARTY
The request from residents of Beaver Street to hold a block party on October 15, 2005 from 4:00 P.M. to Midnight with a rain date of October 22, 2005 was granted with the condition that the hours be reduced to 9:30 p.m.
#759 - #762 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAXI OPERATOR Richard A. Hudson, 33 Franklin St., Salem
Michael N. Paciulli, 50 Jenness St., Lynn
LIMOUSINE Hudson Transportation Services, 33 Franklin St., Salem (1 Limo)
TAG DAY S.H.S. Music & Drama, November 26, 2005
S.H.S. Girls & Boys Basketball Team & Cheerleaders, January 7, 2006 and January 21, 2006
#763 - #764 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE John J. Ruehrwein, 32 Pine St., Wakefield
Manuel Sanchez, Jr., 501 Washington St., Lynn
(#714) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING SUTTON AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking at #22 Sutton Avenue, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Lovely, the meeting adjourned at 8:05 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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