A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 11, 2006 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 5, 2006 at 10:16 A.M.
Councillor O’Keefe arrived late at 7:15 P.M.
Council President Jean M. Pelletier presided.
Councillor Sargent moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Pelletier requested that everyone please rise to recite the Pledge of Allegiance.
#308 – (#296) – CONDUIT LOCATION ON ESSEX STREET
A hearing was held on the Order of National Grid for two (2) conduits at 8 Essex Street. Appearing in favor was John Jankowski of National Grid. Appearing in opposition was Donna Slack and Pam McGeen owners of new condos on Crombie Street.
Ms. Slack stated that work was approved in April to start conduits for Crombie Street. Due to it not yet being done she cannot move into her condo, there is no electricity. Also the people waiting to move into her old place are staying in a motel. She has tried on numerous occasions to get a start date on the project from National Grid and has received conflicting dates and no one has shown up yet.
Councillor O’Keefe moved to hold a Special Meeting on Tuesday, May 16th, 2006 at 6:00 P.M. before approval of conduits for Essex Street and to get a date certain for Crombie Street and that the following be invited: Mr. Dave Gendall of National Grid, John Giardi City Electrician and the Elizabeth Rennard City Solicitor be invited. It was so voted.
#309 – (#297) – JOINT POLE LOCATION ON FORT AVENUE
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint pole location of Fort Avenue. Appearing in favor was William McEnaney of Verizon. There was no one opposed. Councillor O’Keefe amended that if the work has not been completed in thirty (30) days the permit is expired. The hearing was closed. Councillor Corchado moved that the permit be granted with the condition. It was so voted.
#310 – (#298) - JOINT POLE LOCATION ON FORT AVENUE
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint pole location of Fort Avenue. Appearing in favor was William McEnaney of Verizon. There was no one opposed. Councillor O’Keefe amended that if the work has not been completed in thirty (30) days the permit is expired. The hearing was closed. Councillor Corchado moved that the permit be granted with the condition. It was so voted.
#311 – APPT. OF PATRICIA DONAHUE TO THE COUNCIL ON AGING
The Mayor’s appointment of Patricia Donahue to serve as a member of the Council on Aging for a term to expire May 11, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Prevey requested and received unanimous consent to suspend the rules to allow Ms. Donahue to speak.
#312 – APPT. CONSTABLE
The Mayor’s reappointment of David M. Almeida to serve as a constable for a term to expire March 16, 2008, was received and filed.
#313 – TRANSFER OF $75,518.00 TO HEALTH INSURANCE TRUST FUND
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Seventy-Five Thousand Five Hundred and Eighteen Dollars ($75,518.00) is hereby transferred from the “Treasurers-Pension Assessment” account to the “Health Insurance Trust Fund” account in accordance with the recommendation of Her Honor the Mayor.
#314 – APPR. OF $66,000.00 TO PUBLIC SERVICE – WATER PUMP STATION 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 Sixty-Six Thousand Dollars ($66,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Water Pump Station Maintenance” account in accordance with the recommendation of Her Honor the Mayor.
#315 – TRANSFER OF $27,597.00 TO HEALTH INSURANCE TRUST FUND
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-Seven Thousand Five Hundred and Ninety-Seven Dollars ($27,597.00) is hereby transferred from the “Treasurers – NSRV Assessment” account to the “Health Insurance Trust Fund” account in accordance with the recommendation of Her Honor the Mayor.
#316 – TRANSFER OF $10,000.00 TO PARKING – ELECTRICITY
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 transferred from the “Parking Part-Time Salary” account to the “Parking - Electricity” account in accordance with the recommendation of Her Honor the Mayor.
#317 – APPR. OF $5,000.00 TO CEMETERY – BURIAL
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 “Receipts Reserved – Sale of Vaults” account to the “Cemetery - Burial” account in accordance with the recommendation of Her Honor the Mayor.
#318 – APPR. OF $5,000.00 TO PARKING BUILDING / EQUIPMENT 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 Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Parking Part-Time Salary” account to the “Parking Building/Equipment Maintenance” account in accordance with the recommendation of Her Honor the Mayor.
#319 – APPR. OF $2,500.00 TO PUBLIC SERVICES – WATER 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 Two Thousand Five Hundred Dollars ($2,500.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Water Pump Station Supplies” account in accordance with the recommendation of Her Honor the Mayor.
#320 – BOND ORDER OF $3,100,000.00 FOR PURCHASE OF A FERRY
The following Order, was received 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 was recommended by the Mayor.
ORDERED: That the sum of Three Million One Hundred Thousand Dollars ($3,100,000.00) be and hereby is appropriated for the purpose of purchasing a ferry boat, and for the payment of all costs incidental and related thereto, and that to raise this appropriation the City Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of Three Million One Hundred Dollars ($3,100,000.00), under and pursuant to Chapter 44, Section 7, Clause 9 of the Massachusetts General Laws, as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore, and that in connection with the acquisition of said ferry boat, the City is authorized to accept and expend any and all federal, state or any other grants or gifts that may be available
to it to defray the costs of this acquisition, provided, however, that the amount authorized to be borrowed pursuant to this Order shall be reduced to the extent of any grants or gifts received by the City on account of its purchase of the ferry boat described above.
Councillor O’Keefe moved that the Bond Order be adopted for first passage. It was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Veno moved that the City Council adopt the following Emergency Preamble. It was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
EMERGENCY PREAMBLE FOR BOND AUTHORIZATION
That the City Council hereby declares the following Order regarding the bond authorization an emergency involving the health, safety and welfare of the people such that passage of said order will allow the City to purchase a ferry vessel and ensure the operation of a ferry service in Salem. As an emergency, said order shall be allowed to pass finally (first and second passage) at this meeting.
Councillor Veno moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Veno moved that the Bond Order be adopted for second and final passage. It was adopted for second and final passage under the provisions of M.G.L. Chapter 43, Section 20 and 22, and Section 20 and 22 of the City of Salem Charter by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Veno moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#321 – RIGHT OF WAY FOR PARCEL OF LAND AT LEAD MILLS
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the matter of parcel of land owned by the City of Salem at Lead Mills be referred to the Committee on Community and Economic Development for discussion relative to a Right of Way granted to the Town of Marblehead and or the developer of the site for access of said development.
#322 – SEVERED AGREEMENT WITH SALEM STATE COLLEGE
Councillor Lovely introduced the following Order, which was adopted. Councillor Furey was recorded as opposed and Councillor Corchado was recorded as present.
ORDERED: That the matter of a 25 year lease starting in 1998 by and between the City of Salem and Salem State College relative to the baseball field at Pickman Park and the fact that the
former administration and Salem State College severed lease on 12/30/05, be referred to the Committee on Ordinances, Licenses and Legal Affairs.
#323 – SIGNAGE ORDINANCE
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the matter of signage relative to Salem Ordinances, Section 4-1 “Permit required to carry sign, placard, banner” and Section 4-2 “Posting advertisements on public streets, sidewalks, fines or in public ways: and Section 4 in general relative to placement of signs on tree lawns, telephone poles and upon sidewalks and public ways be referred to the Committee on Ordinances, Licenses and Legal Affairs and that a meeting be scheduled and the following be invited: Police, Building Inspector, Solicitor, Representative of Verizon.
#324 – CHARTER AGREEMENT WITH WATER TRANSPORTAION ALTERNATIVES INC.
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the draft Charter Agreement by and between the City of Salem and Water Transportation Alternatives, Inc. be referred to the Committee on Ordinances, Licenses and Legal Affairs for discussion, and that the matter also be referred to the Committee of the Whole to be dual posted.
#325 – BLOCK PARTY ORLEANS AVENUE
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That a Block Party for the residents of Orleans Avenue on Friday, June 30th with a rain date of July 1st, from 5:00 P.M. to 10:00 P.M. be granted.
Councillor O’Leary takes the chair.
#326 – BLACK HOLE PROPERTIES
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss “Black Hole” properties after the meeting a course of action be recommended. The following to be
invited: Building Inspector, City Solicitor, representative from the Mayor’s office, representative from Planning, City Assessor, Finance Team.
#327 – RESOLUTION TO KEEP WESX AM BAND LOCAL
Councillor Pelletier introduced the following resolution, which was adopted.
RESOLUTION:
WHEREAS: it has recently been reported that WESX has been sold to the Principle Broadcasting Network; and
WHEREAS: the new ownership will reportedly change its format from local programming to a Christian-oriented, multi-cultural format; and
WHEREAS: for nearly 60 years, WESX has provided the City of Salem and many North Shore communities within Essex County with the only comprehensive radio coverage of local events; and
WHEREAS: many Salem and North Shore residents have come to rely upon WESX for updated local information; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and Salem City Council urge Otton Miller, President of Principle Broadcasting Network, to continue local news and media coverage for WESX-representative communities, such as Salem.
BE IT FURTHER RESOLVED that the Mayor and City Council affirms its support for local, continued radio programming recognizing its benefits to these communities and the people presently served by WESX.
#328 – RESOLUTION SALEM ROTARY CLUB SCHOLARSHIPS
Councillor Pelletier introduced the following resolution, which was adopted.
RESOLUTION:
WHEREAS: the City of Salem and the Salem Rotary Club are both strong advocates and supporters of higher education; and
WHEREAS: the Salem Rotary Club Scholarship Committee awarded $42,000 in scholarships to 22 high school students, whom all exemplify a strong combination of academic achievement and community service; and
WHEREAS: all 22 students, although they attend various high schools on the North Shore, are all from the City of Salem, and are listed thereas: Alex Blair, Ashley Steeves, Sasha Grullon, Jose Grullon, Scott Gibney, Fanny Hiraldo, Alex Mancebo, Estaphanie Rodriguez, Joseph Tremblay, Robert Monegro, Kevin Heggie, Christine Giamettei, Heather Sweeney, Travers Guy, Luis Delossantos, Emily Barnes, Cortney Weiber, Justin Crosbie, Quyen Tran, Katie Hoang, Emily Kulik, and Patrick Sargent; and
WHEREAS: the City of Salem is indebted to the Salem Rotary Club and the Salem Rotary Scholarship Committee for their hard work and tireless efforts in brining this scholarship money to Salem student; and
NOW, THEREFORE, BE IT RESOLVED that the Mayor and the City Council affirms its support for higher education and the continued growth, prosperity and well-being of the City of Salem’s students, as well as to the continued relationship with the Salem Rotary Club, therefore benefiting the future of the City of Salem.
Councillor Pelletier assumes the chair.
#329 – #329A - (#301 - #303) - GRANTING LICENSES
Councillor Lovely 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 Lester Campagna, 104 Flint St., Lynn
TAG DAY S.H.S. Field Hockey July 29 & 30, 2006, September 24,
2006, November 18 & 19, 2006
Salem Football Booster & Cheerleaders September 9 & 23, 2006, November 4, 2006
SHS Girls Lacrosse Boosters, May 21 & June 4, 2006.
#330 – (#246) - DISCLOSURE OF FINANCIAL INTEREST BY THOMAS ST. PIERRE
Councillor Lovely 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 Disclosure of Financial Interest by, Thomas St. Pierre, Building Inspector has considered said matter and would recommend approval.
#331 - #331A - (#123) – AMENDING DOG ORDINANCE
Councillor Lovely 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 amending the Dog Ordinance has considered said matter and would recommend the following Ordinance be adopted for first passage.
In the year two thousand and six
An Ordinance relative to Dogs
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 8, Article II, Division 1 is hereby amended as follows:
1) Sec. 8-31(e) is amended by deleting the surcharge of “$10.00” and replacing it with a surcharge of “$25.00”.
2) Sec. 8-34 is amended by adding the following new sub-section: “(c) Any person failing to pay the license fee by July 1 in the year in which it is due shall be subject to a separate $25.00 late fee.” And any dog not licensed for the previous year will need to pay for the previous years license as well as the late fine of $25.00.
3) Section 8-35 is amended by replacing the phrase “dog constable” as it appears in this section with the phrase “animal control officer”.
4) Section 8-35(c) is amended by deleting the first sentence of this sub-section in its entirety and replacing it with the following new first sentence: “Any person who violates this section shall be subject to a fine of $25.00 for a first offense and $50.00 for any subsequent offenses relating to the same dog.”
5) Sec. 8-35(d) is amended by deleting the surcharge of “$10.00” and replacing it with a surcharge of “$25.00”.
6) Section 8-36(f) is amended by deleting the surcharge of “$10.00” and replacing it with a surcharge of “$25.00”.
7) Section 8-38 is amended by replacing the surcharge of “$10.00” as it appears in the last sentence of this section with a surcharge of “$25.00”.
Section 2. Chapter 8, Article II, Division 2 is hereby amended as follows:
1) Sec. 8-67(a) is amended by adding the following new sentences at the end of this section: “A determination of the animal control officer shall be final and binding, subject to an appeal provided herein. Any dog owner may appeal the animal control officer’s determination by filing a written appeal to the Chief of Police or his designee within three business days following the owner’s receipt of the animal control officer’s determination notice. An owner’s appeal must contain a certification of a licensed veterinarian stating that the dog, in his or her opinion, is not a dangerous dog as defined in Section 8-66. The Chief of Police or his designee shall
hold a hearing within ten days of the filing of an appeal and shall issue a decision within seven days following the hearing.”
2) Sec. 8-77 is amended by deleting the words “or more” in their entirety as they appear in the second sentence of this section.
Section 3. This Ordinance shall take effect as provided by City Charter.
#332 – (270) – TRANSFER OF $5,000.00 TO PUBLIC PROPERTY RENOVATIONS & REPAIR
Councillor O’Leary 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 $5,000.00 to Public Property Renovations and Repairs has considered said matter and would recommend approval.
#333 – (#242) – COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FY2007
Councillor Sosnowski 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.
The Committee on Community and Economic Development to whom was referred the matter of a Community Development Block Grant application for Fiscal Year 2007 has considered said matter and would recommend approval.
#334 – (#241) – ACCEPT M.G.L. CH. 44, SEC. 55C, MUNICIPAL AFFORDABLE HOUSING TRUST FUND
Councillor Sosnowski offered the following report for the Committee on Community and Economic Development. It was voted to accept the report.
Councillor O’Leary moved that the matter remain in the Committee on Community and Economic Development and refer it to the Committee of the Whole to be dual posted.
The Committee on Community and Economic Development to whom was referred the matter of Acceptance of Massachusetts General Law Chapter 44, Section 55C Municipal Affordable Housing Trust Fund has considered said matter and would recommend the matter remain in the Committee on Community and Economic Development and refer it to the Committee of the Whole to be dual posted.
#3358 – (#905, 549, 197) – PILOT PROGRAM FOR PEM, PUBLIC WALKWAY PEM, ADDITIONAL PARKING AT KLOP ALLEY ETC.
Councillor Sosnowski 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 matters of and update on PILOT Program for PEM (Peabody Essex Museum), PEM public walkway, and additional parking at Riley Plaza, Klop Alley and Church Street has considered said
matter and would recommend that the matters be reported out with no recommendation.
#336 – (#199) – ESSEX STREET BE OPENED TO THROUGH TRAFFIC
Councillor Sosnowski 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 feasibility of opening for through traffic Essex Street has considered said matter and would recommend that a meeting be scheduled before July 1st and the following be invited: City Planner, Mayor, Capt. Callahan or Sgt. Preczewski, Fire Chief or representative, Chairman of subcommittee (to be formed and named), representative of the Chamber of Commerce, Licensing Board and City Council.
#337 – (#12) - FUTURE OF MAIN STREETS PROGRAM
Councillor Sosnowski 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 future and direction of the Salem Main Streets Program has considered said matter and would recommend that to ask for direction of action from the Mayor and that the matter remain in Committee.
#338 – (#174, 175, 176) - ZONING AMENDMENTS FOR CURB CUTS, PARKING SPACES PER UNIT FOR NEW CONSTRUCTION AND DRIVE THROUGHS
Councillor Sosnowski 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 amending zoning for new development requiring 2 parking spaces per unit, amending zoning for curb cuts and amending zoning for drive throughs has considered said matter and would recommend to meet with the Solicitor and Building Inspector to get expected time line and ordinances written.
#339 – (#669, 671) – TRUCK TRAFFIC AND BLASTING AT AGGREGATE INDUSTRIES
Councillor Sosnowski 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 Truck Traffic and Blasting procedures for Aggregate Industries has considered said matter and would recommend that representatives of Aggregate Industries, Swampscott Earth Removal Advisory Committee, and the Salem Fire Chief meet with the Committee before June 5th, 2006.
#340 – (#723) – ZONING BOOK
Councillor Sosnowski 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 Zoning Book introduced in 2001 has considered said matter and would recommend
that the Committee meet to fully complete a new Zoning book that is user friendly zone guide and that it be adopted by the end of 2006. Further that the following be invited: Zoning Board of Appeals, Planner, Planning Board, Building Inspector and City Solicitor.
#341 – (664) – PARKING BOARD RECOMMENDATIONS FOR PARKING RATE INCREASES
Councillor Veno offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of the Parking Board recommendation for parking rate increase has considered said matter and would recommend that the matter be referred to the Committee on Community and Economic Development.
#342 – REQUEST FROM DEBORAH GREEL OF CONERSTONE BOOKSTORE FOR A BLOCK PARTY ON FRONT STREET
The request from Deborah Greel of Conerstone Bookstore to hold a an event on Front Street on Saturday, June 10, 2006 from 3:00 P.M. to 7:00 P.M. was approved.
#343 – NAME CHANGE ON JUNK DEALER LICENSE
Communication from Phil Sowerder business owner of Collecting Dust for name change on Junk Dealer license to Top Drawer was received and filed.
#344 – BLOCK PARTY
The following request from the residents of Lee Street to hold a Block Party on June 10, 2006 was granted.
#345 - #346 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Merrill Kohlhofer, 44 Beaver St., Salem
TAXI OPERATOR Alberto Guerrero, 14 Mt. Vernon St. #2, Salem
#347 – CLAIMS
The following claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.
SUBROGRATED: Travelers Indemnity Company, Reading, PA (for Lisa Filadoro & Jewish Family Services)
On the motion of Councillor O’Keefe the meeting adjourned at 9:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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