A Regular Meeting of the City Council was held in the Council Chamber on Thursday, July 20, 2006 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on July 13, 2006 at 6:48 P.M.
All Councillors were present.
Councillor O’Leary left at 7:20 P.M. to attend a Board of Appeals meeting and returned back at 8:20 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.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow the Mayor to swear in new firefighters and elevate officers of the fire department.
Officers promoted to Captain: Lt. Peter Digiacomo, Lt. Alan Dionne and Lt. Antonio Marfongelli.
Officers promoted to Lieutenant : Firefighters William Bresnahan, Gerald Frechette, Robert Lemelin, John Mento, John O’Leary, Paul Phillips and Peter Schaeubin.
New firefighters: Privates Edward Burns, Paul Michaud Jr., Keith Pelletier and John Roth Jr.
Councillor Pelletier requested and received unanimous consent for a five (5) minute recess.
#529 – (#504) – CONDUITS ON HARBOR VIEW TERRACE AND LAFAYETTE STREET
A hearing was held on the Order of Verizon to install conduits on Harbor View Terrace and Lafayette Street. There was no one opposed. The hearing was closed. Councillor O’Keefe moved that the permit be granted. It was so voted.
#530 – (#592) – CONDUIT ON LEACH STREET
A hearing was held on the Order of National Grid to install a conduit on Leach Street. There was no one opposed. The hearing was closed. Councillor Veno moved that the permit be granted. It was so voted.
#531 – (#593) – JOINTLY OWNED POLE ON COTTAGE STREET
A hearing was held on the Order of Verizon and National Grid for a jointly owned pole location on Cottage Street. There was no one opposed. The hearing was closed. Councillor Lovely moved that the permit be granted. It was so voted.
#532 – (#594) – JOINTLY OWNED POLE ON WILLSON ROAD
A hearing was held on the Order of Verizon and National Grid for a jointly owned pole location on Willson Road. There was no one opposed. The hearing was closed. Councillor Lovely moved that the permit be granted. It was so voted.
#533 – APPT. OF DAVID PABICH TO SALEM BEVERLY WATER BOARD
The Mayor’s appointment of David Pabich to serve as a member of the Salem Beverly Water Board for a term to expire July 1, 2009, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Mr. Pabich to speak.
#534 – APPT. HELD KATHLEEN WILKINSON TO THE COUNCIL ON AGING
The appointment of Kathleen Wilkinson was held under the rules untill the next meeting of September 14, 2006.
#535 – APPT. OF ELIZABETH DEBSKI TO THE ZONING BOARD OF APPEALS
The Mayor’s appointment of Elizabeth Debski to serve as a member of the Zoning Board of Appeals for a term to expire July 1, 2009, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Ms. Debski to speak.
#536 – APPT. OF PAULETTE PULEO TO THE BOARD OF HEALTH
The Mayor’s appointment of Paulette Puleo to serve as a member of the Board of Health for a term to expire July 1, 2009, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#537 – APPT. OF LAURA DETOMA-SWANSON TO THE PARK AND RECREATION COMMISSION
The Mayor’s appointment of Laura Detoma-Swanson to serve as a member of the Park and Recreation Commission for a term to expire May 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
Councillor Sargent requested that a letter and City Seal be sent to everyone who has stepped down from the appointments. It was so voted.
#538 – APPT. OF ROGER FRUGGIERO TO THE PLUMMER HOME FOR BOYS TRUSTEES
The Mayor’s appointment of Roger Fruggiero to serve as a member of the Plummer Home for Boys Trustees for a term to expire February 1, 2011, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#539 – APPT. OF LAURIE BELLIN TO THE HISTORIC DISTRICT COMMISSION
The Mayor’s appointment of Laurie Bellin to serve as a member of the Historic District Commission for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#540 – APPT. OF DAVID HART TO THE HISTORIC DISTRICT COMMISSION
The Mayor’s appointment of David Hart to serve as a member of the Historic District Commission for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#541 – APPT. OF RACHEL HUNT TO THE BIKE PATH COMMITTEE
The appointment of Rachel Hunt was held under the rules untill the next meeting of September 14, 2006.
#542 – APPT. OF NANCY SACHETTI TO THE BIKE PATH COMMITTEE
The Mayor’s appointment of Nancy Sachetti to serve as a member of the Bike Path Committee for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#543 - APPT. OF JEFF BELLIN TO THE BIKE PATH COMMITTEE
The Mayor’s appointment of Jeff Bellin to serve as a member of the Bike Path Committee for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#544 – APPT. OF DARYLL BELL TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Daryll Bell to serve as a member of the Beautification Committee for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#545 – APPT. OF MARCIA LAMBERT TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Marcia Lambert to serve as a member of the Beautification Committee for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#546 – APPT. OF JUDITH WOLFE TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Judith Wolfe to serve as a member of the Beautification Committee for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#547 – APPT. OF ROBYN BROWN TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Robin Brown to serve as a member of the Beautification Committee for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#548 – APPT. OF MARY ELLEN HALLIWELL TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Mary Ellen Halliwell to serve as a member of the Beautification Committee for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#549 – APPT. OF KRISTEN PICONE-BARRICELLI TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Kristen Picone-Barricelli to serve as a member of the Beautification Committee for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#550 – REAPPT. OF RICHARD DIONNE TO THE ZONING BOARD OF APPEALS
The Mayor’s reappointment of Richard Dionne to serve as a member of the Zoning Board of Appeals for a term to expire July 1, 2009, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#551 – REAPPT. OF RUTH KAPNIS TO THE CEMETERY COMMISSION
The Mayor’s reappointment of Ruth Kapnis to serve as a member of the Cemetery Commission for a term to expire January 23, 2009, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#552 – REAPPT. OF AARON UDY TO THE COMMISSION ON DISABILITIES
The Mayor’s reappointment of Aaron Udy to serve as a member of the Commission on Disabilities for a term to expire July 1, 2009, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#553 – REAPPT. OF JOHN MOUSTAKIS TO THE PLANNING BOARD
The Mayor’s reappointment of John Moustakis to serve as a member of the Planning Board for a term to expire July 1, 2011, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#554 – REAPPT. OF CHARLES PULEO TO THE PLANNING BOARD
The Mayor’s reappointment of Charles Puleo to serve as a member of the Planning Board for a term to expire July 1, 2011, was confirmed by a roll call vote of 7 yeas, 0 nays, 1 absent, 3 present. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent. Councillors Sargent, Sosnowski and Pelletier were recorded as present.
#555 – REAPPT. OF PAMELA LOMBARDINI TO THE PLANNING BOARD
The Mayor’s reappointment of Pamela Lombardini to serve as a member of the Planning Board for a term to expire July 1, 2011, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
Councillor O’Leary returned to the meeting at 8:20 P.M.
#556 – REAPPT. OF FRANK CLOCHER TO THE COUNCIL ON AGING
The Mayor’s reappointment of Frank Clocher to serve as a member of the Council on Aging
for a term to expire July 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
#557 – REAPPT. OF ROBERT DIONNE TO THE COUNCIL ON AGING
The Mayor’s reappointment of Robert Dionne to serve as a member of the Council on Aging
for a term to expire July 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
#558 – REAPPT. OF JOSEPH FURNARI TO THE CONSERVATION COMMISSION
The Mayor’s reappointment of Joseph Furnari to serve as a member of the Conservation Commission for a term to expire July 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
#559 – REAPPT. OF MICHAEL BLIER TO THE CONSERVATION COMMISSION
The Mayor’s reappointment of Michael Blier to serve as a member of the Conservation Commission for a term to expire July 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
Councillor O’Keefe recused himself from the Council Chamber.
#560 – REAPPT. OF DONALD BATES TO THE BOARD OF ASSESSORS
The Mayor’s reappointment of Donald Bates to serve as a member of the Board of Assessors for a term to expire February 1, 2008, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Keefe was recorded as absent.
#561 – REAPPT. OF DAMIEN JOHNSON TO THE BOARD OF ASSESSORS
The Mayor’s reappointment of Damien Johnson to serve as a member of the Board of Assessors for a term to expire February 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
#562 – #563 - CONSTABLES
The following appointment and reappointment of constables, with terms as follows were received and filed:
Ilja Kotov, 152 Stonybrook Rd. #2, Marblehead, Term to expire: June 21, 2007
Daniel Stanwood, 32 Lynde St. #3, Salem, Term to expire: July 13, 2007
#564 – APPT. OF AMY HAMILTON TO THE CONSERVATION COMMISSION
The following appointment was received from the Mayor after the deadline of Tuesday Noon. Councillor O’Leary requested and received unanimous consent to suspend the rules to allow the the matter to come before Council.
The following appointment of Amy Hamilton to serve as a member of the Conservation Commission for a term to expire July 1, 2009, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
#565 – APPT. OF DAVID SUMMER TO THE CONSERVATION COMMISSION
The following appointment was received from the Mayor after the deadline of Tuesday Noon. Councillor O’Leary requested and received unanimous consent to suspend the rules to allow the the matter to come before Council.
The following appointment of David Summer to serve as a member of the Conservation Commission for a term to expire September 15, 2009, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
#566 – TRANSFER TO MEDICAL INSURANCE
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. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
ORDERED: That the sum of One Hundred Eighty-One Thousand, Nine Hundred Dollars ($181,900.00) is hereby transferred from various General Fund accounts listed below to the “Medical Insurance” account in accordance with the recommendation of Her Honor the Mayor.
From Description To Description Amount
15411-5111 COA FT Salaries 19141-5174 Medical Insurance $13,900.00
16101-5113 Library PT Salaries 19141-5174 Medical Insurance $17,000.00
16501-5111 Rec FT Salaries 19141-5174 Medical Insurance $11,000.00
16501-5118 Rec Seasonal Labor 19141-5174 Medical Insurance $30,000.00
16501-5131 Rec OT 19141-5174 Medical Insurance $10,000.00
12411-5111 Pub Prop Insp Salaries 19141-5174 Medical Insurance $20,000.00
14111-5111 Pub Serv FT Salaries 19141-5174 Medical Insurance $70,000.00
11381-5111 Purchasing Salaries 19141-5174 Medical Inusurance $10,000.00
Total $181,900.00
#567 – TRANSFER TO WATER ENGINEERING – FULL TIME SALARY
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. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
ORDERED: That the sum of Seventy-Nine Thousand, One Hundred and Eighty-Six Dollars and Sixty-Six cents ($79,186.66) is hereby transferred from the “Water Public Service Full-Time Salary” account to the”Water Engineering Full-Time Salary” account in accordance with the recommendation of Her Honor the Mayor.
#568 – TRANSFER TO SEWER ENGINEERING – FULL TIME SALARY
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. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
ORDERED: That the sum of Seventy-Nine Thousand, One Hundred and Eighty-Six Dollars and Sixty-Six cents ($79,186.66) is hereby transferred from the “Sewer Public Service Full-Time Salary” account to the”Sewer Engineering Full-Time Salary” account in accordance with the recommendation of Her Honor the Mayor.
#569 – TRANSFER TO POLICE OVERTIME
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. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
ORDERED: That the sum of Twenty-Four Thousand, Seven Hundred Twenty-Three Dollars and Forty-four cents ($24,723.44) is hereby transferred from various General Fund accounts listed below to the “Police Overtime” account in accordance with the recommendation of Her Honor the Mayor.
From Description To Description Amount
11821-5111 Plan Salaries-FT 12101-5131 Police OT $7,523.00
11411-5111 Assr Salaries-FT 12101-5131 Police OT $6,300.00
12951-5111 Hrbrmstr Salaries FT 12101-5131 Police OT $10,901.00
Total $24,723.44
#570 – TRANSFER TO WORKMEN’S COMP. – SALARIES
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. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
ORDERED: That the sum of Twenty Thousand, Four Hundred and Nineteen Dollars and Fifteen cents ($20,419.15) is hereby transferred from various General Fund accounts listed below to the “Workmen’s Comp Salary” account in accordance with the recommendation of Her Honor the Mayor.
From Description To Description Amount
11411-5111 Assessor Salaries – FT 19121-5111 Workmens Comp Salaries $4,359.88
19131-5173 HR Unemployment 19121-5111 Workmens Comp Salaries $16,059.27
Total $20,419.15
#571 – APPR. TO PUBLIC SERVICES – BURIAL
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. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
ORDERED: That the sum of Ten Thousand Five Hundred Dollars ($10,500.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Public Services – Burial” account in accordance with the recommendation of Her Honor the Mayor.
#572 – APPR. TO PUBLIC SERVICES – BURIAL
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. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowksi, Veno and Pelletier were recorded as voting in the affirmative.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Public Services – Burial” account in accordance with the recommendation of Her Honor the Mayor.
#573 – ORDINANCE AMENDING FIRE DEPARTMENT, TEMPORARY FIRE WATCH PATROL
The following Ordinance, recommended by the Mayor, was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Fire Department
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 20, Fire Department is hereby amended by adding the following new section within Article III:
1.) “Section 20-124 Temporary Fire Watch Patrol
a) Purpose
In order to avoid relocating persons from, or evacuation of, any building, structure, place of business, place of habitation or vacant or abandoned building or structure which in the judgment of the Head of the Fire Department or Fire Marshal is imminently dangerous or presents the existence of conditions likely to cause fire or explosion, the Head of the Fire Department or Fire Marshal may order the owner, agent, or manager of such a building, structure, business or place of habitation to provide a temporary fire watch patrol if the Head of the Fire Department or Fire Marshal determines a reasonable level of fire or life safety may be obtained.
b) Rules and Regulations
1. The temporary fire watch personnel shall be specially trained in fire prevention and in the use of fire extinguishers and occupant hose lines, in sounding building fire alarms, in understanding the particular fire safety situation for public education purposes, be able to instantly communicate with the fire alarm office by radio, and remain alert and undistracted during his/her assigned hours.
2. The owner of any building, structure, place of business, place of habitation or vacant or abandoned building or structure shall be responsible for any and all costs associated with the temporary fire watch patrol.
c) Penalties
If such costs are not reimbursed to the city, it shall constitute a lien upon the property upon which the temporary fire watch patrol was provided.
Section 2. This Ordinance shall take effect as provided by City Charter.
#574 – ORDINANCE TO AMEND WATER AND SEWER RATES
The following Ordinance, recommended by the Mayor.
Councillor Lovely amended Section III (c) Residential, add per 100 cubic feet. It was so voted.
Councillor Sosnowski amended Section III (c) Non-Resident – per 100 cubic feet up to
25, 000 cubic feet per month $6.42 and Non –Resident 100 cubic feet up to 25,000 cubic feet and greater per month $8.23. It was so voted.
Adopted as amended for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Water and Sewer Rates
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Section 46-66 Schedule is hereby amended by deleting subsection (b) in its entirety and inserting in place thereof the following new sub-section (b):
(1) Residential, per 100 cubic feet ……..$2.18
(2) Non-residential, per 100 cubic feet…$2.96
Section 2. Chapter 46, Section 46-66, Schedule is hereby amended by deleting subsection (e) in it’s entirety and inserting in place thereof the following new sub-section (e):
(e) The minimum rate for metered water for each quarter shall be as follows:
$21.80 per 1000 cubic feet effective July 1, 2006
The use of all water and sewer funds and SESD funds shall be excluded from all private development projects.
Section 3. Chapter 46, Section 46-230, Sewer Use Charges is hereby amended by deleting subsection (c) and (d) in their entirety and replacing these sub-sections with the following new subsection (c):
(c) the rates for sewer use charges effective July 1, 2006 shall be as follows:
Residential, per 100 cubic feet…………………………………………………………….$4.24
Non-residential, per 100 cubic feet up to 25,000 cubic feet per month……………….$6.42
Non-residential, per 100 cubic feet up to 25,000 cubic feet and greater per month…$8.23
The use of all water and sewer funds and SESD funds shall be excluded from all private development projects.
Section 4. This Ordinance shall take effect as provided by City Charter.
#575 – ORDINANCE CREATING A SENIOR TAX WORK OFF PROGRAM
The following Ordinance, recommended by the Mayor, was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to creating a Senior Tax Work Off Program
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, is hereby amended by adding the following new Article:
Article XV. Senior Citizen Work Off Abatement Program
Section 2-2051 Income Qualifications
(a) Individuals who qualify for this program pursuant to Section 2-2050, shall be income eligible if their annual income is three times the poverty level as determined by the United States Department of Health and Human Services Poverty Guidelines, or less.
(b) Married couples who qualify for this program pursuant to subsection A, shall be income eligible if their combined annual income is 2 ½ times the poverty level as determined by the United States Department of Health and Human Services Poverty Guidelines, or less.
Section 2052 Program Guidelines
(a) The participants in the program shall perform work for the City and shall receive a rate that shall not exceed the Commonwealth’s minimum wage for said service. The maximum amount which can be earned by any participant in the program is $500.00 during any fiscal year.
(b) Upon completion of work by the participants, the City shall abate his or her property taxes for an amount no greater than $500.00 per fiscal year.
(c) In each fiscal year, no more than twenty-five individuals shall be allowed to participate in this program.
(d) In the event that more than twenty-five individuals are interested in participating in the program, then participants shall be selected from a lottery of individuals who meet the eligibility criteria set forth in subsection A and B herein.
(e) The Director of the Council on Aging shall be responsible for determining eligibility for the program and shall cause the lottery to be conducted, if necessary.
Section 2. This Ordinance shall take effect as provided by City Charter.
#576 – LIST OF POSSIBLE NAMES FOR THE NEW SALEM FERRY
The following letter submitted by the Mayor, of possible names for the new Salem Ferry.
Honorable Salem City Council
93 Washington Street
Salem, MA 01970
Re: Proposed Ferry Names
Ladies and Gentlemen of the Council:
As you know, as part of the new Salem Ferry initiative the City solicited suggestions from the public to help name the new vessel. The current vessel is named Friendship IV and has caused some confusion with the historic replica Friendship vessel currently owned by the National Park Service and stationed in Derby Wharf. I have been both surprised and elated with the quantity and quality of names suggested for the Salem Ferry. We have received literally hundreds of suggestions from folks near and far. Some have been tied to history, some have been whimsical, and some have been in memory of famous Salem citizens.
I have put together a short list of names from each category for the Council’s adoption. I would appreciate your assistance helping to name our new vessel by adopting an Order in support of one of the following names:
Fortune
We already have replicas of famed clipper ships named Friendship and Fame in our harbor, so with this proposed addition we would have Friendship, Fame and Fortune.
Salem Renaissance
The Ferry is certainly a symbol of Salem’s use of our harbor to demonstrate economic vitality and the re-birth of the ferry service is symbolic of the direction our city is heading.
Spirit of Salem
Patriotic rendition that would also have a uniquely Salem connection.
Caroline Emmerton
Named for famed philanthropist Caroline Emmerton who founded the House of Seven Gables Settlement House.
Nathaniel Bowditch
Named for renowned Salem native Nathaniel Bowditch, the worldwide father of nautical navigation and author of the American Practical Navigator.
Salem’s Practical Navigator
Recognition for Nathaniel Bowditch, author of American Practical Navigator, with a Salem twist.
Destination Salem
A simple and direct name that defines the use of the vessel.
If you have questions or concerns, or require further information regarding any of the above please let me know. Thank you.
Very truly yours,
s/ Kimberley Driscoll
Mayor
The name “Nathaniel Bowditch” was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Leary took the chair.
#577 – PILOT AGREEMENT WITH NORTH SHORE MEDICAL CENTER
A Communication was received from the Mayor after the deadline of Tuesday Noon. Councillor Lovely requested and received unanimous consent to suspend the rules to allow the the matter to come before Council.
The communication from the Mayor, informing the City Council of an Agreement with the North Shore Medical Center for a Payment in Lieu of Taxes (PILOT) was received and filed.
Councillor Pelletier resumed the chair.
#578 – TRAFFIC TRIAL PERIOD PARKING PROHIBITED CEDAR AVENUE
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division institute the following traffic regulations for a trial period of up to thirty (30) days.
Chapter 42, Section 51, Parking Prohibited:
Parking prohibited Cedar Avenue in it’s entirety on both sides.
#579 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, PORTER STREET
Councillor Veno 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, Chapter 42, Section 50B, “Handicap Parking Zone, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. In front of #16 Porter Street, north side, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This ordinance shall take effect as provided by City Charter.
#580 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, SALEM STREET
Councillor Corchado 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, Chapter 42, Section 50B, “Handicap Parking Zone, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. In front of #26 Salem Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This ordinance shall take effect as provided by City Charter.
#581 – TRIAL PERIOD , THREE WAY STOP SIGN, PICKMAN ROAD
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division institutes the following traffic regulations for a trial period of up to ninety (90) days.
Pickman Road, westerly and easterly at the intersection with Surrey Road, and Pickman road, westerly and easterly and Hayes Road northerly, three (3) way stop sign, ninety (90) day trial period.
#582 – DRAFT AN ORDINANCE FOR IMITATION FIREARMS
Councillor Corchado introduced the following Order, which she amended to include at the end of 3) add words “in public”. The order was adopted as amended.
ORDERED: That the City Solicitor draft an amendment to the City Ordinance relative to restricting imitation firearms within the City of Salem. Said Ordinance shall include:
1.) a definition of imitation firearms;
2.) restriction on the sale of imitation firearm which do not have a distinct color, exaggerated size or other design feature which denotes that it is an imitation firearm;
3.) a penalty for any person who shall draw, exhibit or brandish an imitation firearm or simulate a firearm in the presence of peace officer engaged in the performance of his/her duties knowing or having reason to know that such peace officer is engaged in the performance of such duties in public;
4.) a provision that no person shall alter, remove, modify etc. from an imitation firearm any feature as required by 15 USC Section 5001 that distinguishes it from a real firearm;
5.) a provision stating that the ordinance shall not prevent carrying or display of a replica gun by a person involved in a living history presentation, parade, military preservation organization; and
6.) specific fines for violations contained in the ordinance.
Be it further ordered that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs.
#583 – FINANCIAL REPORT OF MAY 31, 2006
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Financial Report dated May 31, 2006 be received and placed on file.
#584 – TRIAL PERIOD, HANDICAP PARKING , FOSTER STREET
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division institutes the following traffic regulations for a trial period of up to sixty (60) days.
Chapter 42, Section 50B, Handicap Parking Limited Time:
Handicap Parking across from #5 Foster Street, beginning at a point of 60 feet from North Street on the south side of the street, for a distance of twenty (20) feet, Handicap Parking, Tow Zone. Zone may be used by visiting medical and emergency professionals.
#585 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, DUNLAP 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, Chapter 42, Section 50B, “Handicap Parking Zone, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. In front of #25 Dunlap Street for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This ordinance shall take effect as provided by City Charter.
#586 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, ESSEX STREET
Councillor Pelletier 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, Chapter 42, Section 50A, “Handicap Parking Zone”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. In front of #337 Essex Street for a distance of twenty feet, “Handicap Parking, Tow Zone”
Section 2. This ordinance shall take effect as provided by City Charter.
#587 – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, CROMBIE STREET
Councillor Pelletier 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, Chapter 42, Section 75, “Resident Sticker Parking”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal resident Sticker Parking zone D, in front of #7 Crombie Street, beginning at a distance of 126 feet from Essex Street, for a distance of 70 feet.
Section 2. This ordinance shall take effect as provided by City Charter.
#588 – (#276, #281, #282) – REORGANIZATIONAL ORDINANCES
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 matters of Reorganizational Ordinances, has considered said matter and would recommend the following:
#276 Ordinance amending Ch. 2, Sec. 836, Council on Aging Executive Director, adopt for second and final passage. The Ordinance was adopted for second and final passage by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#281 Ordinance amending Ch. 2, Article III Department of Recreation and Community Service, adopt for second and final passage. The Ordinance was adopted for second and final passage by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Furey, Lovely, O’Keefe, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
#282 Ordinance amending Ch. 26, Parks and Recreation was withdrawn by the Mayor.
Councillor Lovely moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#589 – GRANTING CERTAIN 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 matters of granting certain licenses, has considered said matter and would recommend that the following be granted:
PUBLIC GUIDE Herb Van Dam, 361 Lafayette St., Salem
SECOND HAND
CLOTHING Modern Millie, 103 Washington St., Salem
TAG DAY S.H.S. Drama Club, November 11, 2006
S.H.S. Marching Band, December 2, 2006
#590 – (#431 – #432) REQUESTS FOR BLANKET FORTUNETELLING 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 matters of granting Blanket Fortunetelling Licenses has considered said matter and would recommend that there be background checks by the police department for twenty psychics and a fee of $250.00 per blanket license.
#591 – OPEN MEETING LAW
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 meeting with the District Attorney regarding the Open Meeting Law, has considered said matter and would recommend that the matter be reported out of Committee with no recommendation.
#592 – CONDUIT ON LEACH STREET
A hearing was ordered for July 20, 2006 and the matter was taken up earlier in the meeting due to having notified all abutters and companies.
#593 – POLE LOCATION ON COTTAGE STREET
A hearing was ordered for July 20, 2006 and the matter was taken up earlier in the meeting due to having notified all abutters and companies.
#594 – JOINTLY OWNED POLE ON WILLSON ROAD
A hearing was ordered for July 20, 2006 and the matter was taken up earlier in the meeting due to having notified all abutters and companies.
#595 – REQUEST FOR PRAYER MEETING ON SALEM COMMON
The request from Reverend Laura Biddle to use the Salem Common for prayer and meeting on September 26, 2006 was referred to the Park and Recreation Department.
#596 – TEMPORARY FORTUNETELLING LICENSE
The request from John Flaherty for a temporary fortunetelling license to hold a psychic fair in October was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#597 – NORTH SHORE MEDICAL CENTER ANNUAL CANCER WALK
The request from North Shore Medical Center to hold their annual cancer walk on Sunday, June 24, 2007 was granted.
#598 - #601 – BLOCK PARTIES
The following requests for Block Parties were granted.
Witchcraft Road & Crescent Drive residents, August 5, 2006
Carlton Street residents, August 12, 2006
Maple Street residents, September 2, 2006
18-32 Puritan Road residents, September 9, 2006
#602 – LICENSE APPLICATION
The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Steven McCaw, 6 Beaver St., Salem
#603 – DRAINLAYER/CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator license was granted.
Michael A. Mangini, Excavation, 21 Highland Place, Swampscott
#604 - #605 – CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Douglas Cabot, 1 Forrester Street, Salem
O’Keefe & Gale Law Offices (for Jean Gosling), 180 West Central St., Natick
#606 - #608 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Ilja Kotov, 152 Stonybrook Road #2, Marblehead
Daniel Stanwood Jr., 32 Lynde St., Salem
DRAINLAYER Michael A. Mangini, Excavation, 21 Highland Place, Swampscott
(#458) – ORDINANCE AMENDING SOLID WASTE MANAGEMENT
The matter of second and final passage of an Ordinance amending Chapter 36, Solid Waste Management, was then taken up. The Ordinance was adopted for second and final passage by roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Blair, Furey, O’Keefe, Prevey, Sargent, Veno and Pelletier were recorded as voting in the affirmative. Councillors Corchado, Lovely, O’Leary and Sosnowski were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
(#459) – ORDINANCE CREATING DOG PARK USE REGULATIONS
The matter of second and final passage of an Ordinance Chapter 26, Creating Dog Park Use Regulations, was then taken up. The Ordinance was adopted for second and final passage.
(#503A) – ORDINANCE AMENDING SPECIAL PERMIT FOR DRIVE THROUGHS
The matter of second and final passage of an Ordinance amending Chapter 14, Section 1, Special Permit for Drive Throughs, was then taken up. The Ordinance was adopted for second and final passage by roll call vote of 10 yeas, 1 nays, 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.
Councillor Sargent moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
On the motion of Councillor Pelletier the meeting adjourned at 10:20 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
| 
