A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
January 26, 2006 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on January 20, 2006 at 10:30 A.M.
Councillor Lovely arrived late at 7:15 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.
Councillor Bencal requested a moment of silence for the passing of Robert Dionne.
#74 – #75 APPT. & REAPPT. OF THE FOLLOWING CONSTABLES
Mayor’s appointment and reappointment of the following Constables with terms to expire as designated were received and filed.
James Barina, 5 Hancock St., Salem Term to expire January 3, 2007
Ruthanne Davis, 9 ½ Intervale Rd., Salem Term to expire February 6, 2007
#76 – APPR. TO “VETERANS’ BENEFITS”
The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Corchado, Furey, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Lovely was absent.
ORDERED: That the sum of Seven Thousand dollars ($7,000.00) is hereby appropriated from the “Veterans – Part Time Salary” account to “Veterans – Benefits” account in accordance with the recommendation of Her Honor the Mayor.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#77 – ACCEPT. CH. 32B, SEC. 18, M.G.L. MEDICARE EXTENSION PLANS; MANDATORY TRANSFER OF RETIREES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance and to be reported out at the next regular Council meeting on February 9, 2006.
ORDERED: That the City of Salem hereby accepts, M.G.L. Chapter 32B, Section 18, Medicare extension plans; mandatory transfer of retirees.
#78 – ACCEPT. CH. 40, SEC. 32A, PUBLICATION OF ORDINANCES
The following Order, recommended by the Mayor, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Corchado, Furey, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Lovely was absent.
ORDERED: That the City of Salem hereby accepts, M.G.L. Chapter 40, Section 32A, Publication of Ordinances.
#79 – DECLARE ENDICOTT SCHOOL PROPERTY SURPLUS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance and to be reported out at the next regular Council meeting on February 9, 2006.
ORDERED: That the City Council hereby declares the Endicott School property located at 110 Boston Street, as shown on the Assessors Map 16, Lot 0172, as surplus property.
Be It Hereby further Ordered, as follows:
That the provisions of Section 2-1635, regarding the disposition of city-owned land, are hereby waived in favor of compliance with M.G.L. Chapter 30B.
#80 –WAIVE PROVISIONS OF SEC. 2- 68(a) RE: ADVERTISING OF APPOINTMENTS
The following Order, recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the provisions of Section 2-68 (a), regarding advertising and appointment of certain offices, be waived with respect to the hiring of a Finance Director in this sole instance.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#81 - #81A – ORDINANCE AMENDING MOORING AND SLIP FEES
The following Ordinance 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 Ordinance amendment recommended by the Mayor to amend Chapter 10, Section 24, Mooring and Slip permit fees, was referred to the Committee on Administration and Finance.
An Ordinance to amend an Ordinance pertaining to mooring permit fees
Be it Ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 10, Article 1, Boats and Waterways, Section 10-24 Mooring Permit is hereby amended by deleting the following paragraphs within Section 10-24 (d) in its entirety:
(1) Fee for nonresident mooring, $6.00 per foot
(2) Fee for resident mooring, $1.50 per foot
(3) Fee for nonresident slip fee, $2.00 per foot
(4) Fee for resident slip fee, $1.50 per foot
For the purposes of this section, the boat registration shall be the sole determinant of residency.
And inserting in their place the following:
(1) Fee for nonresident mooring, $6.00 per foot
(2) Fee for resident mooring, $3.00 per foot
(3) Fee for nonresident slip fee, $3.00 per foot
(4) Fee for resident slip fee, $3.00 per foot
For the purpose of this section, the boat registration shall be the sole determination of residency.
Section 2. This Ordinance shall take effect as provided by City Charter.
#82 – LETTER FROM MAYOR INFORMING COUNCIL OF SPED DEFICIT
A letter from Mayor Driscoll to Dr. Lawrence Callahan, Superintendent of Salem Public Schools, regarding Anticipated $350,000 SPED Deficit and Funding for Collins Middle School Fire Alarm System was received and placed on file.
#83 – ORDINANCE AMENDING CH. 28, SEC. 65, DOOR TO DOOR CANVASSING & SOLICITING
Councillor Bencal introduced the following Ordinance, which was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent and referred to the Committee on Ordinances, Licenses and Legal Affairs and to be reported out at the next regularly scheduled Council meeting on February 9, 2006.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Door to Door Canvassing and Soliciting
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 28-65 is hereby amended by Deleting Division III in it’s entirety and insert in place the following:
Division III
A. License Required: It shall be unlawful for any solicitor or canvasser as defined in this ordinance to engage in such business within the City of Salem without first obtaining a license therefore in compliance with the provisions of this regulation. The provision of this regulation shall not apply to any person exempted under Chapter 101 of the Massachusetts General Laws, or to any person duly licensed under Chapter 101 of the Massachusetts General Laws, or to any person exempted by another Massachusetts General Law, nor shall this regulation be construed to prevent route salesman or other persons having established customers to whom they make periodic deliveries from calling upon such customers.
B. Definition: A solicitor or canvasser is defined as any person who, for him/herself, or for another person, firm, or corporation travels by foot, automobile or any other type of conveyance from place to place, from house to house, or from street to street; taking or attempting to lease or take orders for retail sale of goods, wares, merchandise, or services, including without limitation, the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals, or other articles of a commercial nature, the contracting of all home improvements, or for services to be performed in the future whether or not such individual has, carries or exposes for retail sale a sample of such subject of such sale or whether he is collecting advance payment on such retail sales. For the
purpose of the ordinance, the Chief of Police refers to the Chief of Police or his designee.
C. Application: Applicants for a license shall file with the Chief of Police, on a form issued by the Police Department, a written application signed under the penalties of perjury, containing the following information;
1. Name of applicant
2. Address of applicant – both a home and local address
3. Applicant’s height, weight, eye and hair color
4. Applicant’s social security number
5. The length of time for which the right to do business is desired
6. A brief description of the nature of the business and the goods to be sold
7. The name and home and business address of the applicant’s employer. If self employed so state
8. Two photographs of the applicant as submitted by the applicant and be 2” x 2”
9. The right thumb print of the applicant shall be recorded by the Chief of Police
10. If a motor vehicle is to be used in conjunction with this business venture; the year, make, model, motor number, registration number, state of registration, vehicle’s owner and address.
D. At the time of filing the application, each applicant shall pay a fee as determined by the Chief of Police and approved by the City Council.
E. Investigation and Issuance
1. Upon receipt of the application, the Chief of Police shall investigate the applicant’s reputation as to morals and integrity. The cost of the investigation shall constitute part of the application fee.
2. After an investigation of the applicant’s moral and integrity, but within fourteen (14) business days of the filing of the application, the Chief of Police shall endorse on such application his approval or disapproval. Failure of the Chief of Police to act on said permit within fourteen (14) business days of the applicant’s filing shall constitute approval. If disapproved, the applicant shall have the right to appeal to the City Council in writing within seven (7) days of the denial by the Chief of Police. The City Council shall conduct a hearing and act upon the appeal within twenty-eight (28) days. The failure of City Council to act shall be deemed approval.
3. Such license when issued shall contain the signature of the Chief of Police or the City Council President and shall show the name, address and photograph of said licensee, the date of issuance and the length of time the same be operative, as well as the license number. The Police Department shall keep a record of all licenses issued for a period of six (6) years. Solicitors and canvassers, when engaged in the business of soliciting or canvassing, are required to display the identifying badge issued by the Police Department by wearing said badge on an outer garment and above the waist. Each licensee is required to possess and display an individual license.
4. Duty of Police to Enforce/Transfer: The Police Department of the City of Salem shall enforce this regulation. No license, as issued under this ordinance, may be transferred or conveyed to another individual.
F. Revocation of License – The Chief of Police is hereby vested with the jurisdiction over revoking of licenses issued under this ordinance. The Chief of Police shall cause notice to be served upon said individual for whom is having their license revoked. Any person aggrieved by such revocation may make appeal to the City Council within seven (7) days of said revocation. The City Council shall schedule a public hearing relative to the aggrieved appeal within the next two regularly scheduled City Council meetings where the matter may be legally heard.
G. Expiration of license – Each license issued under the provisions of this ordinance shall continue in force from the date of issue until the thirty-first (31st) day of December of the year in which the license is issued, or sooner if so determined by the Chief of Police or if revoked.
H. Renewal of License – A license issued under the provisions of this ordinance may be renewed by the Chief of Police upon the applicant’s completion of a valid application as prescribed herein and the submission of the proper filing fee.
I. Misrepresentation – No solicitor or canvasser, licensed or exempted from license, shall misrepresent, in any manner, the buyer’s right to cancel as stipulated by Chapters 93, 93A and 2550 of the Massachusetts General Laws.
J. It shall be unlawful of canvassers or solicitors, licensed or exempt from licensing, to enter the premises or remain on the property of residence or business that has displayed a “No Trespassing” or “No Soliciting” sign or poster. Further, it shall be unlawful for canvassers or solicitors, licensed or exempt from licensing, to ignore a resident or a business person no solicitation directive or remain on private property after its owner or the owner’s representative has indicated that the canvasser or solicitor is not welcome.
K. Penalty – Any person violating any provision of this regulation shall, upon conviction thereof, be punished by a fine not to exceed One Hundred ($100) dollars for each and every offense under the provisions of Chapter 40 Section 21D, as accepted by the City of Salem
Section 2. This ordinance shall take effect as provided by City Charter.
#84 – FINANCIAL REPORT ENDING DECEMBER 31, 2005
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the December 31, 2005 Financial Report be received and placed on file.
#85 – CITY CLERK COMMUNICATE WITH MASS. DEPT. OF ENVIRONMENTAL PROTECTION
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the City Clerk communicate with Massachusetts Department of Environmental Protection, Waterways Regulation Program, One Winter Street, 6th Floor, Boston, MA 02108, advising that office of the Council support of a License (MGL c.91) application of the City of Salem to install and maintain an 8-inch water main under flowed tidelands of the Forest River between Pierce Road and Sunset Road.
#86 – ORDER WITHDRAWN BY COUNCILLOR BENCAL
#87 – CITY SEAL BE PRESENTED TO BISHOP WEAVER
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Council President or his representative present Bishop Peter Weaver of the New England United Methodist Church a City Seal upon his visit to the City of Salem on January 31, 2006.
#88 – (#23 - #29 - & #890 of 2005) 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.
FORTUNETELLING
STORE Angelica of the Angels, 7 Central St., Salem
(Employee only) Employee: Katherine Christensen, 257 Washington St., Salem
JUNK DEALER Fred Hutchinson, 15 Robinson Road, Salem
SEAWORMS Jose M. Machado, 3 Emmett St., Peabody
SECOND HAND Bernard’s, 179 Essex St., Salem
VALUABLE Filigree & Fancy, Wharf St., Salem
R.A. DiFillipo Antiques, 55 Lafayette St., Salem
TAXI CAB Community Taxi, 27R Caller St., Peabody
Family Taxi, 201 Washington St., Salem
Salem Taxi, 201 Washington St., Salem
Tri-City Services Inc., 55R Walnut St., Peabody
LIMOUSINE Family Taxi, 201 Washington St., Salem
Salem Taxi, 201 Washington St., Salem
Tri-City Services Inc., 55R Walnut St., Peabody
TAXI OPERATOR Randall J. Enos, 655 Western Ave., Lynn
David Beauchamps, 126 Orchard Hill Rd., Bradford
Colleen Gray, 109 Steeple St., Revere
James R. Cloutman, 19 Rainbow Ter., Salem
Genaro Roman, 26 Prince St. #4, Salem
Elizabeth A. Mullen, 9 Munroe Court, Peabody
William C. Morgan, 276 Rantoul St., Beverly
James F. Antoszewski, 176 Lynnfield St., Peabody
Joseph Bain, 6 Pulaski St., Peabody
Lamont Chisholm, 16 Park St., Salem
Raoul Charles, 437 Elliott St., Beverly
Carl W. Herwig, 168 Washington St., Peabody
Daniel B. Padgett, Jr., 12 Grafton St., Salem
Albert W. Calman, 47 Franklin St., Salem
Michael Paciulli, 50 Jenness St., Lynn
Ramon Espinal, 12 Mt. Vernon St. #2, Salem
#89 – (#494 of 2005) - FIRST PASSAGE OF ORDINANCE AMENDING SALARY & CLASSIFICATION OF CERTAIN EMPLOYEES
Councilor 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 amending an Ordinance relative to the Salary and Classification of Certain Employees, has considered said matter and would recommend that the ordinance be adopted for first passage.
#90 – (#11) – REPORT OF EXPENSES AND INCOME FOR HAUNTED HAPPENING 2005
Councilor 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 the expenses incurred and income received for the 2005 Haunted Happenings festivities, has considered said matter and would recommend that it comes out of committee to the full Council and go back to Committee for Mr. Hacker and Capt. Callahan to come before the Committee and explain the details of monies collected.
#91 – DISCHARGING MATTERS FROM THE COMMITTEE ON ADMINISTRATION AND FINANCE
Councilor 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 following matters before the committee and has considered these matters and would recommend they be discharged from Committee:
#10 of 2004 - Account Report for Chapter 90 Funds over the past 6 years
#172 of 2004 – Hiring of Consultant for Pavement Program
#370 of 2004 – Hold a public hearing with Salem State College Enterprise Center
#27 of 2005 – City’s rapidly rising cost for Health Care
#113 of 2005 – Funding for DARE program and two School resource officers
#167 of 2005 – DPW audit review of recycling program for past 5 years
#314 of 2005 - Status of Affordable Housing Trust Fund
#365 of 2005 – Commonwealth Of Mass. School District Examination Report of Salem
Public Schools
#453 of 2005 – Letter from Mayor regarding return of the Fire Dept. portion of the FY06 Budget
#455 of 2005 – Request Finance Director for a feasibility report on bonding for streets and
sidewalks
# 675 of 2005 – Meet with Board of Assessors regarding Tax Classification and exemptions
#685 of 2005 – Status of Capital Improvement Plan
#92 – (#20) – NAMING OF VETERANS’ SQUARE
Councillor Sargent offered the following report for 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 the naming of a Veterans’ Square, has considered said matter and would recommend that the Director of Veterans’ Services handle this matter prescribed by the rules and regulations for the naming of Veterans’ Squares.
#93 – (#454 of 2005) – CREATING A WORKING GROUP REGARDING ADULT ZONES
Councillor Sosnowski offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of Adult Zones, has considered said matter and would recommend that a working group be formed to establish goals and a timeline. And that this group report back to the City Council by October 31, 2006. This group to consist of the following:
Two members of the Committee on Community and Economic Development
Chairman of the Licensing Board
Chairman of the Planning Board
City Solicitor
Building Inspector
Chairperson for the Board of Appeal
Chief of Police
Mayor or her designee
#94 – (#678) – SOLID WASTE CONTRACT & BARREL PICK-UP
Councillor Sosnowski offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of the Solid Waste Contract and pick-up of barrels, has considered said matter and would recommend that a meeting be scheduled for February 22, 2006 at 6:30 P.M. and the following be invited, Mr. Robbie George, Mayors Aide, Superintendent of Park and Recreation, Building Inspector, City Engineer and the Purchasing Agent.
#95 – (#795 & #23) – SALE OF OF LAND FOR COURTHOUSE AND RE-USE OF ST. JOSEPH’S PROPERTY
Councillor Sosnowski offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of the sale of land to the Commonwealth for a courthouse and the Re-use of St. Josephs property, has considered said matter and would recommend they be discharged from Committee with no recommendation.
#96 – LIST OF ORDERS TO REMAIN IN COMMITTEE
Councillor Sosnowski offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of the following Council Orders:
#12 of 2006 – Meet to discuss the future of the Main Streets program
#673 of 2005 - City acquire District Court building for possible uses
#671 of 2005 - Blasting procedures for Aggregate Industries
#669 of 2005 - Truck traffic from Aggregate Industries
#665 of 2005 - Letter concerning the status of 2003 Home Rule petition
#526 of 2005 - Municipal & religious properties reuse development district
#199 of 2005 - Feasibility of opening for through traffic on Essex Street
#197 of 2005 - Feasibility of additional parking at Riley Plaza, Klop Alley & Church St.
#748 of 2004 - Matter of the plastic wall at 135 Essex St. put up by PEM
#549 of 2003 - Peabody Essex public walkway
#905 of 2002 - Update on PILOT Program for PEM (Peabody Essex Museum)
#724 of 2004 - The 1996 Master Plan be updated
#723 of 2004 - Zoning Book of 2001 be brought forward
#459 of 2004 - Meet to discuss plans for bike path in South Salem on Canal Street
Has considered said matters and would recommend that the matters are to remain in Committee pending further study and information.
#97 - #107 - LICENSE APPLICATIONS
The following License applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
FORTUNETELLING Diana McKanas, 86D Wharf St., Salem
PUBLIC GUIDE Lisa Baglini, 35 Hazel St., Salem
Justine Curley-Stacy, 222 Bray St., Gloucester
Barbara Dempsey-West, 181 North St. #107, Salem
Alicia Diozzi, 40 English St., Salem
Elizabeth Hickey, 20 Highland St., Swampscott
Leah A. Schmidt, 640 Revere Beach Blvd., Revere
Mandy Willis, 10 Summer St. #13, Salem
SECOND HAND
CLOTHING Compliments Resale Boutique, 132 Boston St., Salem
TAG DAY S.H.S. Baseball Boosters, April 8, 2006
TAXI OPERATOR Douglas Stephens, 9 Park St. #30, Beverly
Kendall P. Phipps, 34 Federal St., Beverly
David Wendell, 10 Balcomb St., Salem
Carlos J. Pacheco, 5112 Crane Brook, Peabody
#108 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator License was granted:
Agganis Construction, 394 Lincoln Avenue, Saugus
#109 -#111 - CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Matthew Freedman, 12 Arthur St., Salem
Keith Newburg, 19 Rowland St., Marblehead
John Newbury, 25 Wahtera Rd., Peabody
#112 - #113 - BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE James Barina, 5 Hancock St., Salem
Ruthanne Davis, 9 ½ Intervale Rd., Salem
(#7) – SECOND PASSAGE – ORDINANCE RELATIVE TO TRAFFIC RESTRICTED PARKING WASHINGTON STREET
The matter of second and final passage of an Ordinance relative to Traffic, Chapter 42, Section 51, Parking Prohibited on Certain Streets, Washington Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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