A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 25, 2006 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 22, 2006 at 10:36 A.M.
Councillor Lovely arrived late at 7:25 P.M.
Council President Jean M. Pelletier presided.
Councillor Sosnowski 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.
#348 – APPT. OF STEVE PINTO TO THE BOARD OF APPEALS
The Mayor’s appointment of Steve Pinto to serve as an Alternate member of the Board of Appeals for a term to expire May 1, 2007, was confirmed under suspension of the rules by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
Councillor Corchado requested and received unanimous consent to suspend the rules to allow Mr. Pinto to speak.
#349 – APPT. OF CARMELLA CROSBIE TO THE COUNCIL ON AGING
The Mayor’s appointment of Carmella Crosbie to serve as member of the Council on Aging for a term to expire May 1, 2009, was held under the rules untill the next meeting of June 8, 2006.
#350 – APPT. OF JAMES SHEA TO PARK & RECREATION COMMISSION
The Mayor’s appointment of James Shea to serve as member of the Park and Recreation Commission for a term to expire May 1, 2011, was confirmed under suspension of the rules by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, O’Keefe, O’Leary,
Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
Councillor Prevey requested and received unanimous consent to suspend the rules to allow Mr. Shea to speak.
Councillor O’Leary moved that a letter and City Seal be sent to Mr. Philip Potvin. It was so voted.
#351 – REAPPT. OF JAMES WILLIS TO THE COUNCIL ON AGING
The Mayor’s reappointment of James Willis to serve as a member of the Council on Aging for a term to expire May 1, 2009, was confirmed under suspension of the rules by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Mr. Willis to speak.
#352 - CONSTABLE
The Mayor’s reappointment of Scott F. Lanes, 126 Shore Dr., Peabody to serve as a Constable for a term to expire March 1, 2009, was received and filed.
#353 – TRANSFER TO PUBLIC SERVICES – SEWER PUMP STATION MAINTENANCE
The following Order, recommended by the Mayor, was adopted under suspension of the rules by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
ORDER: That the sum of Sixty-Six Thousand Dollars ($66,000.00) is hereby appropriated from “Retained Earnings – Sewer Fund” account to “Public Services – Sewer Pump Station Maintenance” account in accordance with the recommendation of Her Honor the Mayor.
#354 – APPR. TO PARK & RECREATION – CONTRACTED 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 Thirty-two Thousand Dollars ($32,000.00) is hereby transferred from the “Park & Recreation Full-Time Salary “ account to “Park & Recreation Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.
#355 - TRANSFER TO PARKING EQUIPMENT
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Twelve Thousand Three Hundred Eighty-six Dollars ($12,386.00) is hereby transferred from the “Parking Seasonal Salary” account to “Parking Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#356 – TRANSFER TO CEMETERY – SEASONAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.
ORDERED: That the sum of Five Thousand Two Hundred Forty Dollars ($5,240.00) is hereby transferred from the “Trust Fund – Perpetual Care Interest Income” account to “Cemetery – Seasonal” account in accordance with the recommendation of Her Honor the Mayor.
#357 – APPR. TO PUBLIC SERVICES – SEWER PUMP STATION SUPPLIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2,500.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to “Public Services – Sewer Pump Station Supplies” account in accordance with the recommendation of Her Honor the Mayor.
#358 – ACCEPT GIFT FROM NORTH SHORE MEDICAL CENTER FOR REVERSE 911
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the Mayor, in accordance with Section 53A of Chapter 44 of the Massachusetts General Laws, Acceptance and Expenditures of Gifts, is hereby authorize to accept a gift of up to $40,000.00 donated by the North Shore Medical Center for the purchase of a Reverse 911 system.
#359 – AUTHORIZE SALE OF ENDICOTT SCHOOL (110 BOSTON STREET)
The following Order, recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the City Council hereby authorizes the sale of the Endicott School property located at 110 Boston Street, as shown on the Assessors Map 16, Lot 0172, to the Children’s Friend Society for a purchase price of $350,000.00.
#359A – SERVICES IN LIEU OF TAXES (SILOT)
The following Order, recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the City Council hereby accepts the provisions of the Services in Lieu of Taxes (SILOT) agreement negotiated by the parties.
#360 – #360A - AGREEMENT “BAREBOAT CHARTER PARTY & DELIVERY CONTRACT” & “VESSEL OPERATING AGREEMENT” FOR THE SALEM FERRY
The following Order, recommended by the Mayor, was referred to the Committee of the Whole and a meeting be scheduled for June 1, 2006 along with a Special Meeting for adoption.
ORDERED: That the City of Salem and the Mayor are hereby authorized to enter into the ferry service agreements entitled, “Bareboat Charter Party and Delivery Contract” and “Vessel Operating Agreement” with Water Transportation Alternatives, Inc., copies of which are attached hereto, pertaining to the operation of the Salem Ferry.
#361 – ESTABLISH RENEWABLE ENERGY TASK FORCE
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance. Councillor O’Keefe was recorded as opposed.
ORDERED: That the Mayor, in accordance with Massachusetts General Law, Chapter 40, Section 8i, establish a Renewable Energy Task Force.
#362 – ORDINANCE, TRAFFIC, ISOLATED STOP SIGN , RAINBOW TERRACE
Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Isolated 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:
Rainbow Terrace, northbound at the intersection with Loring Avenue, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#363 – SURVEY FOR THE SALEM FERRY
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That copies of the survey showing the Condition and Value of the Ferry that’s being purchased by the City, be sent to all City Councillors by May 30th, 2006.
#364 – ORDINANCE, TRAFFIC, ISOLATED STOP SIGN, WITCH HILL ROAD
Councillor O’Leary introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Isolated 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:
Witch Hill Road, northbound at the intersection with Mansell Parkway, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#365 – ORDINANCE, TRAFFIC, ISOLATED STOP SIGN, MANSELL PARKWAY
Councillor O’Leary introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Isolated 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:
Mansell Parkway, westbound at the intersection with Witch Hill Road, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#366 – INSTITUTE AND ENFORCE A YOUTH CURFEW
Councillor Corchado introduced the following Order, which was adopted as amended.
Councillor Furey amended to invite the Youth Commission. It was adopted.
Councillor Sosnowski amended to invite the Outreach Advocate. It was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet jointly with the Committee on Public Health, Safety and Environment and Chief St. Pierre, representative of the Juvenile Court, the City Solicitor, Youth Commission and the Outreach advocate from the Salem Mission to discuss instituting and enforcing a youth curfew.
#367 – NINETY (90) DAY STOP ON ANY NEW DEVELOPMENT IN THE B-5 ZONE
Councillor Sosnowski introduced the following Order.
ORDERED: That there be a Temporary 90-day stop of any new development proposals in the B-5 Zone and that the matter be referred to the Committee on Community and Economic Development. Further that the following be invited: a representative from the Mayor’s Office, Planning, Zoning Board of Appeals, Building Inspector, Fire Department, Police Department and Solicitor.
Councillor Blair moved to divide the question. It was so voted.
On the matter of a temporary 90-day stop, Councillor Sosnowski amended to thirty day (30) instead. The matter did not carry by a roll call vote of 5 yeas, 6 nays, 0 absent.
Councillors Corchado, O’Leary, Sargent, Sosnowski and Pelletier were recorded as voting in the affirmative. Councillors Blair, Furey, Lovely, O’Keefe, Prevey and Veno were recorded as voting in the negative.
Councillor Veno moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
On referring the matter to the Committee on Community and Economic Development for discussion and the aforementioned be invited, was amended to be jointly posted with the Committee of the Whole, was adopted by roll call vote of 10 yeas, 1 nay, 0 absent.
Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative.
#368 – ORDINANCE, TRAFFIC, ISOLATED STOP SIGN, HILLSIDE AVENUE
Councillor O’Leary introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Isolated 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:
Hillside Aveue, eastbound at the intersection with Witch Hill Road, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#369 – ORDINANCE, TRAFFIC, ISOLATED STOP SIGN, HILLSIDE AVENUE
Councillor O’Leary introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Isolated 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:
Hillside Avenue, westbound at the intersection with Witch Hill Road, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#370 – ORDINANCE, TRAFFIC, RESIDENT STICKER PARKING, FOSTER STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Resident Sticker Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 75, is hereby amended by adding the following:
Zone F, Color White, Foster Street, eastbound beginning at #10 and extending to Franklin Street, “Resident Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#371 – ORDINANCE, TRAFFIC, HANDICAP PARKING, TOW ZONE, CUSHING STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Handicap Parking, Tow Zone
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 #8 Cushing Street for a distance of 20 feet, “Handicap Parking, Limited Time, Tow Zone” (Ordinance temporary to expire January 1, 2007)
Section 2. This Ordinance shall take effect as provided by City Charter.
#372 – GET LEGAL OPINION RELATIVE TO THE DERBY DEED
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That a legal opinion be requested relative to the Derby Deed and the M.G.L. Chapter 184, Section 23 and the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs for a meeting.
#373 – FINANCIAL REPORT OF APRIL 30, 2006
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Financial Report of April 30, 2006 be received and placed on file.
#374 – CORRESPONDENCE FROM ATTORNEY PADELLARO
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the correspondence dated May 17, 2006, from Attorney Marc D. Padellaro relative to Joseph and Selma White, 37 Mason Street, Salem, be returned to said attorney due to the fact that the letter is addressed to the former Mayor, former Solicitor and deceased City Clerk and a request be made that said attorney re-issue his letter with the appropriate parties named
therein. And that a copy of this order and names of our current Mayor, Solicitor and City Clerk be supplied therein.
#375 – (#345 - #346) - GRANTING CERTAIN LICENSES
Councillor Lovely offered the following report of 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 Merrill Kohlhofer, 44 Beaver St., Salem
TAXI OPERATOR Alberto Guerrero, 14 Mt. Vernon St. #2, Salem
#376 – (#192, #229) - APPROVAL OF CLAIMS
Councillor Lovely offered the following report of 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 two (2) Claims, has considered said matter and would recommend that the following be approved:
Joan Rogers, 8 Plymouth St., Salem
Meghan Saunders, 302 Lafayette St., Salem
#377 – (#289) -FUTURE DRIVE THROUGHS
Councillor Lovely offered the following report of 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 future drive throughs to come before the City Council, has considered said matter and would recommend that the matter be referred to the Committee of the Whole.
#378 – (#322) – SEVERED AGREEMENT WITH SALEM STATE COLLEGE
Councillor Lovely offered the following report of 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 the severed 25 year lease agreement with Salem State College has considered said matter and would recommend that the matter remain in Committee.
#379 – (#206) – COUNCIL RULES
Councillor Lovely offered the following report of 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 Council Rules for Motions, Orders and Resolutions, has considered said matter and would recommend that it be reported out of committee with a negative recommendation.
#380 – (#313) – APPR. HEALTH INSURANCE TRUST FUND ACCOUNT
Councillor O’Leary offered the following report of 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 $75,518.00 to the “Health Insurance Trust Fund” Account, has considered said matter and would recommend approval.
#381 – (#315) – TRANSFER TO HEALTH INSURANCE TRUST FUND ACCOUNT
Councillor O’Leary offered the following report of 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 $27,597.00 from “Treasurers – NSRV Assessment” to “Health Insurance Trust Fund” Account, has considered said matter and would recommend approval.
#382 – (#316) – TRANSFER TO PARKING ELECTRICITY ACCOUNT
Councillor O’Leary offered the following report of 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 $10,000.00 from “Parking – Part Time Salary” Account to “Parking - Electricity” Account, has considered said matter and would recommend approval.
#383 – (#318) – TRANSFER TO PARKING – BUILDING/EQUIPMENT MAINTENANCE
Councillor O’Leary offered the following report of 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 from “Parking – Part Time Salary” Account to “Parking – Building/Equipment Maintenance” Account, has considered said matter and would recommend approval.
#384 – (#314 - #319- #11) – APPR. TO PUBLIC SERVICES – WATER PUMP STATION & HAUNTED HAPPENINGS 2005 EXPENSES & INCOME
Councillor O’Leary offered the following report of 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 $66,000.00 to “Public Services – Water Pump Station” Account and an Appropriation of $2,500.00 to “Public Services – Water Pump Station Supplies” Account, has considered said matter and would recommend approval and the matter of 2005 Haunted Happenings expense and income be discharged from Committee.
#385 – (#321) – LEAD MILLS RIGHT OF WAY
Councillor Sosnowski offered the following report of 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 land at the Lead Mills regarding right of way has considered said matter and would recommend that the City Solicitor and Planner be invited to meet with the Committee to explain the “alleged” Right of Way.
#386 – (#174, 175, 176) – ZONING AMENDMENTS
Councillor Sosnowski offered the following report of 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 parking spaces for new development, curb cuts and drive-throughs has considered said matter and would recommend that the matters be referred out of Committee to the full Council with no recommendation.
#387 – (#208) – RESIDENT STICKER PARKING PROGRAM
Councillor Sargent 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 relocation of the Resident Sticker Parking Program has considered said matter and would recommend that the program be relocated to the Salem Police Department on the condition that a part-time clerk be provided and that the Solicitor re-write the Ordinance to reflect changes and that the matter remain in Committee.
#388 – (#287) – SURVEILLANCE CAMERAS FOR TRAFFIC MONITORING
Councillor Sargent 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 Surveillance Cameras for traffic monitoring has considered said matter and would recommend that the City Solicitor write an Ordinance for the Surveillance Cameras for traffic monitoring and that the matter remain in Committee.
#389 – (#624 of 2005) – SURVEILLANCE CAMERAS FOR PUBLIC AREAS
Councillor Sargent 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 Surveillance Cameras in public areas has considered said matter and would recommend that the City Solicitor write an Ordinance for the Surveillance Cameras in public areas and that the matter remain in Committee.
#390 – #391 – BLOCK PARTY
The following requests for Block Parties was granted:
Moffatt Road residents, June 3, 2006
Scenic Avenue residents, August 12, 2006, raindate August 13, 2006
#392 – DRAINLAYER/CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator License was granted.
P.A. Fiore Construction, 183 Hart Street, Beverly, MA
#393 – CLAIMS
The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.
Pamela Ciulla, 15 ½ River Street, Salem
#394 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE
Scott F. Lanes, 126 Shore Drive, Peabody, MA
(#331) – SECOND PASSAGE – ORDINANCE AMENDING DOGS
The matter of second and final passage of an Ordinance amending Dogs, was then taken up. The Ordinance was adopted for second and final passage.
(#320) – RATIFY VOTE OF SECOND PASSAGE OF BOND ORDER OF $3,100,000.00 FOR THE SALEM FERRY
The matter of ratifying a vote of second passage for a Bond Order in the amount of $3,100,000.00 for the purpose of purchasing a Ferry was adopted by roll call vote of 8 yeas, 2 nays, 0 absent, 1 present. Councillors Blair, Corchado, Furey, O’Keefe, Prevey, Sargent, Veno and Pelletier were recorded as voting in the affirmative. Councillors O’Leary and Sosnowski were recorded as voting in the negative. Councillor Lovely was recorded as present.
On the motion of Councillor O’Keefe the meeting adjourned at 9:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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