A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
September 28, 2006 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on September 22, 2006 at 8:48 A.M.
All Councillors were present.
Council President Jean M. Pelletier presided.
Councillor Prevey moved to dispense with the reading of the record of the previous meeting. It was so voted.
#687 – CONDUITS ON BOTTS COURT
A hearing was held on the Order of National Grid for four (4) conduits on Botts Court. Appearing in favor was John Jankowski of National Grid and Louis Serrianni of 6 Botts Court. There was no one opposed. The hearing was closed. On the motion of Councillor Lovely, the request was granted.
(#612) – HELD OVER FROM THE MEETING OF SEPTEMBER 14, 2006, APPOINTMENT OF SANDRA POWER TO THE BEAUTIFICATION COMMITTEE
Held over from the last meeting of September 14, 2006, the Mayor’s appointment of Sandra Power to serve as a member of the Beautification Committee, for a term to expire September 1, 2008, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Veno requested and received unanimous consent to suspend the rules to allow Ms. Power to speak.
#688 – APPT. OF NADINE HANSCOM TO THE PLANNING BOARD
Mayor’s appointment of Nadine Hanscom to serve as a member of the Planning Board, for a term to expire May 1, 2007, 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. Hanscom to speak.
#689 – APPT. OF DAVID PELLETIER TO THE BIKE PATH COMMITTEE
Mayor’s appointment of David Pelletier to serve as a member of the Bike Path Committee, for a term to expire September 1, 2008, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. Pelletier to speak.
#690 – APPT. OF STAN FRANZEEN TO THE BIKE PATH COMMITTEE
Mayor’s appointment of Stan Franzeen to serve as a member of the Bike Path Committee, for a term to expire September 1, 2008, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Corchado requested and received unanimous consent to suspend the rules to allow Mr. Franzeen to speak.
C. O’Keefe moved that a letter and City Seal be sent to Mr. Paul Durand. It was so voted.
#691 – APPR. TO VARIOUS GROUP INSURANCE LINES
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 Eight Hundred and Thirty-Nine Dollars and Ten Cents ($2,839.10) is hereby appropriated from the “Receipts Reserved – Harbormaster” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
19191-5177 SS/Med 243.65
19141-5174 Health Ins 1,479.32
19141-5182 Life Ins 12.38
19141-5181 Dental Ins 19.20
19101-5178 Retirement 1,084.55
Total 2,839.10
#692 – APPR. TO VARIOUS GROUP INSURANCE LINES
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 Two Hundred and Fifty-six Dollars and Fifty-three Cents ($2,256.53) is hereby appropriated from the “Receipts Reserved – Harbormaster” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
19191-5177 SS/Med 194.93
19141-5174 Health Ins 1,479.32
19141-5182 Life Ins 12.38
19141-5181 Dental Ins 19.20
19101-5178 Retirement 550.70
Total 2,256.53
#693 – APPR. TO VARIOUS GROUP INSURANCE LINES
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 Two Hundred Three Dollars and Fifty Cents ($2,203.50) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
19191-5177 SS/Med 340.74
19141-5174 Health Ins 799.44
19141-5182 Life Ins 18.57
19141-5181 Dental Ins 57.60
19101-5178 Retirement 987.15
Total 2,203.50
#694 – APPR. TO VARIOUS GROUP INSURANCE LINES
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 One Thousand Nine Hundred Twenty-Three Dollars and Forty-nine Cents ($1,923.49) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
19191-5177 SS/Med 373.53
19141-5174 Health Ins 799.44
19141-5182 Life Ins 18.57
19141-5181 Dental Ins 57.60
19101-5178 Retirement 774.49
Total 1,923.49
#695 – APPR. TO VARIOUS GROUP INSURANCE LINES
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 One Hundred Seventy-six Dollars and Forty-nine Cents ($176.49) is hereby appropriated from the “Receipts Reserved – Witch House” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
19191-5177 SS/Med 176.49
19141-5174 Health Ins
19141-5182 Life Ins
19141-5181 Dental Ins
19101-5178 Retirement
Total 176.49
#696 – APPR. TO VARIOUS GROUP INSURANCE LINES
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 One Hundred Fifty-one Dollars and Thirty-one Cents ($151.31) is hereby appropriated from the “Receipts Reserved – Witch House” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
19191-5177 SS/Med 151.31
19141-5174 Health Ins
19141-5182 Life Ins
19141-5181 Dental Ins
19101-5178 Retirement
Total 151.31
#697 – ORDINANCE AMENDING POLICE DEPT., VIDEO SURVEILLANCE
The following Ordinance, recommended by the Mayor was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
A motion for declaration of emergency was adopted by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Blair was recorded in the negative.
The Ordinance was adopted for second and final passage by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Blair was recorded in the negative.
A motion for immediate reconsideration in the hopes it does not prevail was denied.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to the Police Department
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 32, Police is hereby amended by adding the following new article:
“Article V. Video Surveillance”
Section 32-120. Purpose
The purpose of this article is to allow the Police Department to utilize video surveillance as a tool to curb crime in certain areas of the city and to identify perpetrators.
Section 32-121. Administrative Rules
(a) Promulgation. The Police Chief may promulgate such rules as may be necessary for the implementation of this Article.
(b) Location. The Police Chief shall present to the City Council locations where the use of video surveillance would assist them in combating crime. Upon the approval of the City Council, the Police Department shall install video surveillance equipment without the audio enabled in the approved areas.
(c) Notice. The Police Department shall give public notice that the approved areas are under surveillance.
Section 2. This Ordinance shall take effect as provided by City Charter.
#698 – EASEMENT AND AGREEMENT FOR ESSEX STREET CONDOS AT MUSEUM PLACE PARKING GARAGE
The following Easement and Agreement was received from the Mayor after the deadline of Tuesday Noon. Councillor Corchado requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
The Mayor submitting an Easement and Agreement for Essex Street Condominiums at the Museum Place Garage for construction of a wheelchair ramp on the roof, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#699 – ACCEPT SEC. 1 OF CHAPTER 157, ACTS OF 2005, VETERANS BENEFITS
The following Order 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 matter to come before the Council.
The following Order, recommended by the Mayor, was adopted by roll call vote of 10 yeas, 0 nays, 0 absent, 1 present. Councillors Corchado, Furey, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Blair was recorded as present.
#700 – UTILIZE SRA FOR RECOMMENDATION FOR RE-USE OF OLD TOWN HALL
A communication from the Mayor informing the City Council of the City utilizing the Salem Redevelopment Authority for their recommendation for long term re-use and redevelopment of Old Town Hall, was received and filed.
#701 – ORDINANCE AMENDING TRAFFIC, STOP SIGN, PICKMAN ROAD
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, Chapter 42, Section 49, “Obedience to Stop Signs”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Eastbound and westbound traffic on Pickman Road at the intersection of Surrey Road, “Obedience to Stop Signs”
Section 2. This Ordinance shall take effect as provided by City Charter.
#702 – ORDINANCE AMENDING 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, Chapter 42, Section 75, “Resident Sticker Parking”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Zone F, color white, Foster Street eastbound beginning at #7 and extending to Franklin Street, “Resident Sticker Parking”
Section 2. This Ordinance shall take effect as provided by City Charter.
#703 – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, WISTERIA 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 75, “Resident Sticker Parking”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Zone E, color orange, Wisteria Street, both sides in it’s entirety, between Ocean Avenue and Forest Avenue, Monday to Friday 8:00 A.M. to 8:00 P.M., “Resident Sticker Parking”
Section 2. This Ordinance shall take effect as provided by City Charter.
#704 FINANCIAL REPORT OF JULY AND AUGUST AND THE CAPER REPORT
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the financial report dated July and August 2006 and the Consolidated Annual Performance and Evaluation Report (CAPER) for Fiscal Year 2006, be received and placed on file.
#705 – PUBLIC TO APPEAL DECISION BY VARIOUS BOARDS AND COMMISSIONS
Councillor Sosnowski introduced the following Order, which was adopted.
Councillors Furey and Corchado were recorded as opposed.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss allowing the public an opportunity to appeal decisions made by the various boards and commissions and to have the matter come before the full council for review.
#706 – CTSP DOWNTOWN TRAFFIC STUDY
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development meet to discuss implementation of the recommendations of the CTPS Downtown Traffic Study and that the Mayor or her representative, City Planner and Lt. Preczewski be invited.
Councillor Veno amended to include the N.S. Regional Transportation Study and that a copy be submitted to all members of the City Council. It was so voted.
The following Order was adopted as amended.
ORDERED: That the Committee on Community and Economic Development meet to discuss implementation of the recommendations of the CTPS Downtown Traffic Study and the N.S. Regional Transportation Study and that the Mayor or her representative, City Planner and Lt. Preczewski be invited. Also that a copy be submitted to all members of the City Council.
#707 - (#661 - #668) – GRANTING CERTAIN LICENSES
Councillor Lovely introduced the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and 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 Edward Birchmore, 20 Belle Road, Pembroke
SECOND HAND
VALUABLE Freedom of Expression, Inc., 274 Essex St., Salem
TAG DAY S.H.S. Hockey Team, October 15, 2006
S.H.S. Hockey Team, October 22, 2006
Salem/Swampscott Youth Hockey, November 25, 2006
S.H.S. Gymnastics, December 9, 2006
S.H.S. Swim Team, December 16, 2006
TAXI OPERATOR Eric Sayers, 370 Ocean Ave. #1202, Revere
Christopher Sullivan, 7 Essex Ave., Swampscott
Mauro Fernandez, 11 New Balch St., Beverly
Peter Manusiotis, 325 Cabot St. #4A, Beverly
Donald MacPherson, 6 Elliott Pl., Peabody
Matthew Choquette, 53 Veterans Memorial Dr., Peabody
Clifford Gately, 9 Crombie St., Salem
Jody Bottari, 52 Harbor St., Salem
Gustavo Rodriguez, 257 Washington St., Salem
John Avagianos Sr., 98 Newbury St. #34A, Danvers
Sung Ku Cho, 262 E. Haverhill St., Lawrence
Donald Bovio, 325 Cabot St., Beverly
Alphonse Soltys, 71 Harvest St., Lynn
#708 – SUNSHINE LAW
Councillor Sargent introduced the following report for the Committee on Government Services. It was voted to accept the report and the recommendation.
The Committee on Government Services to whom was referred the matter of the Sunshine Law, has considered said matter and would recommend that the matter remain in committee.
#709 – (#454 of 2005) – (#93, 736) - ADULT ZONES
Councillor Sosnowski introduced the following report for the Committee on Community and Economic Development. It was voted to accept the report and the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of discussing ways to address the possibility of Adult Zones, has considered said matter and would recommend that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs for final discussion of Ordinance wording.
#710 – COUNCIL ORDERS TO REMAIN IN COMMITTEE
Councillor Sosnowski introduced the following report for the Committee on Community and Economic Development. It was voted to accept the report and the recommendation.
The Committee on Community and Economic Development to whom was referred the matters listed below, has considered said matter and would recommend that the matters remain in committee.
#643 – Re-establish a Task Force for the homeless
#631 – Preservation Plan for the Point Neighborhood
#463 – Tax impact study on potential substantial development projects
#664 – Parking Board recommendation for parking rate increase
#321 – Land at Lead Mills regarding a Right of Way
#678 – Solid Waste Contract and pick-up of barrels
#673 – City acquire District Court building for possible uses
#671 – Blasting procedures for Aggregate Industries
#669 – Truck Traffic from Aggregate Industries
#199 – Feasibility of opening for through traffic on Essex Street
#748 – Plastic on wall at 135 Essex Street put by PEM
#701 – Comprehensive Traffic Study
#459 – Plans for bike path in South Salem on Canal Street
#711 – ACCEPTANCE OF MGL CH. 33, SEC. 55C, SALEM MAIN STREETS PROGRAM AND 2003 HOME RULE PETITION
Councillor Sosnowski introduced the following report for the Committee on Community and Economic Development. It was voted to accept the report and the recommendation.
The Committee on Community and Economic Development to whom was referred the matters listed below, has considered said matter and would recommend that the matters be discharged from committee with no recommendation.
#241 – Accept M.G.L. Ch. 44, Sec. 55c, Municipal Affordable Housing Trust Fund
#12 - Discuss future and direction of Salem Main Streets Program
#665 – Letter concerning the status of 2003 Home Rule Petition
#712 – 2001 ZONING BOOK, NEW DEVELOPMENT IN THE B-5 ZONE, RE-USE OF RELIGIOUS PROPERTIES AND 1996 MASTER PLAN
Councillor Sosnowski introduced the following report for the Committee on Community and Economic Development. It was voted to accept the report and the recommendation.
The Committee on Community and Economic Development to whom was referred the matters listed below, has considered said matter and would recommend that a meeting be scheduled and dual posted with the Committee of the Whole and the following be invited, Planning Department, Planning Board, Mayor or representative, Zoning Board of Appeal and Building Inspector.
#367 – 30 day stop on any new development in the B-5 Zone
#723 – Zoning Book of 2001
#724 – 1996 Master Plan be updated
#526 – Re-use of religious properties
#713 – (#241) - ACCEPTANCE OF MGL CH. 44, SEC. 55C, ESTABLISH MUNICIPAL AFFORDABLE HOUSING TRUST FUND
Councillor Pelletier introduced the following report for the Committee of the Whole. It was voted to accept the report and the recommendation.
The Committee of the Whole to whom was referred the matter of acceptance of M.G.L. Chapter 44, Section 55c, to establish a Municipal Affordable Housing Trust Fund, has considered said matter and would recommend adoption. It was adopted by roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely, 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.
A motion for immediate reconsideration in the hopes it does not prevail was denied.
#714 – (#636, 630, 629) - EXTENDED HOURS OF OPERATION, PROPOSED SITE FOR SENIOR LIFE CENTER AND MIIA INSURANCE PROVIDER
Councillor Pelletier introduced the following report for the Committee of the Whole. It was voted to accept the report and the recommendation.
The Committee of the Whole to whom was referred the following matters, has considered said matter and would recommend that the matters remain in Committee for further review.
#636 – Effects of extended hours of operation for businesses
#630 – Proposed site for Senior Life Center
#629 – MIIA Insurance provider
#715 – (#625) – EXTENDED HOURS OF OPERATION FOR SAMMY’S ROAST BEEF
Councillor Pelletier introduced the following report for the Committee of the Whole. It was voted to accept the report and the recommendation.
The Committee of the Whole to whom was referred the following matter of the request of Sammy’s Roast Beef for extended hours of operation, has considered said matter and would recommend that the request be granted with the following conditions:
1. That there be a police officer stationed outside the building and the detail shall run from 10:30 P.M. to 2:30 A.M.
2. Police be given a copy of the Noise Ordinance and that it be enforced
3. This is granted for a six (6) month trial period
Councillor Lovely amended that the officer be outside and patrol the parking lot. It was so voted.
Councillor O’Keefe amended to add #4 these hours are for Thursday, Friday and Saturday. It was so voted.
Adopted as amended by roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Blair, Corchado, Furey, Lovely, O’Leary, Prevey, Veno and Pelletier were recorded as voting in the affirmative. Councillors O’Keefe, Sargent and Sosnowski were recorded as voting in the negative.
A motion for immediate reconsideration in the hopes it does not prevail was denied.
The following conditions were adopted as amended:
1. That there be a police officer stationed outside the building and the detail shall run from 10:30 P.M. to 2:30 A.M. and patrol the parking lot
2. Police be given a copy of the Noise Ordinance and that it be enforced
3. This is granted for a six (6) month trial period
4. These hours are for Thursday, Friday and Saturday
#716 - #718 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY DAV Chapter, October 18-20, 2006
Salem High School Cross Country, October 26 & 29, 2006
VFW Witch City Post 1524, November 8, 9, 10 & 12, 2006
#719 - #721 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
George L. Gagne, 36 Lafayette Place, Salem
Melissa J. Riley Saraiva, 28 Moffatt Road, Salem
Ralph Scala, 25 Channel Center St. #201, Boston
(#406) – SECOND PASSAGE – ORDINANCE AMENDING CABLE TELEVISION COMMISSION
The matter of second and final passage of an Ordinance amending Chapter 2, Section 13, Cable Television Commission, was then taken up. The Ordinance was adopted for second and final passage.
(#621) – SECOND PASSAGE – ORDINANCE AMENDING PLUMMER FARM SCHOOL
The matter of second and final passage of an Ordinance amending Chapter 2, Section 2-1973(a), relative to Plummer Farm School, was then taken up. The Ordinance was adopted for second and final passage.
(#633) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, MALL STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50A, Handicap Parking, Tow Zone at #1 Mall Street was then taken up. The Ordinance was adopted for second and final passage.
(#637) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED LAFAYETTE STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 51B, Parking Prohibited on Lafayette Street was then taken up. The Ordinance was adopted for second and final passage.
(#641) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, REPEAL HANDICAP PARKING, SALEM STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, repeal Handicap Parking, Limited Time at #9 Salem Street was then taken up. The Ordinance was adopted for second and final passage.
(#642) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, REPEAL HANDICAP PARKING, BROADWAY
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, repeal Handicap Parking, Limited Time, at #101 Broadway was then taken up. The Ordinance was adopted for second and final passage.
(#645) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, LAURENT ROAD
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking, Limited Time at #5 Laurent Road was then taken up. The Ordinance was adopted for second and final passage.
(#647) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED, WASHINGTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 57A, Parking Time Limited, Unmetered Zone on Washington Street was then taken up. The Ordinance was adopted for second and final passage.
Councillor Blair asked for a moment of personal priviledge. It was so granted.
Councillor Blair moved that there be a Committee of the Whole Public Hearing on October 11, 2006 at 7:00 P.M. regarding the St. Joseph’s property to be used for the new Senior Life Center. It was so voted.
On the motion of Councillor O’Keefe the meeting adjourned at 8:45 P.M.
Councillor Blair moved to reopen the meeting. It was so voted.
Councillor Blair moved reconsideration of the vote to hold a City Council Public Hearing. It was so voted.
On the motion of Councillor Blair the meeting adjourned at 9:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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