A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
April 12, 2007 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on April 6, 2007 at 10:31 A.M.
All Councillors were present.
Council President Matthew Veno presided.
Councillor O’Leary moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Veno requested that everyone please rise to recite the Pledge of Allegiance.
#236 – EXECUTIVE SESSION – UPDATE ON COLLECTIVE BARGAINING WITH VARIOUS MUNICIPAL UNIONS
Councillor O’Leary moved to take out of order, under Communications from the Mayor, a request from Mayor Driscoll, to hold an Executive Session to give an update on the status of collective bargaining discussions with municipal unions. It was so voted.
Councillor O’Leary moved that the City Council adjourn to the Council anteroom to hold an executive session, and at the end of the Executive Session, the regular meeting will continue. It was so voted by unanimous roll call vote of 11 Yeas, 0 Nays, 0 Absent.
See end of meeting for minutes of Executive Session.
Councillor O’Leary moved that the regular meeting continue. It was so voted.
#233 – APPT. OF SARAH MORRILL TO PLUMMER HOME FOR BOY’S BOARD OF TRUSTEES
The Mayor’s appointment of Sarah Morrill to serve as a member of the Plummer Home for Boy’s Board of Trustees with a term to expire April 1, 2012 was held until the next meeting under the rules.
#234 – APPT. ADIL NMILI TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Adil Nmili to serve as a member of the Beautification Committee for a term to expire April 1, 2010 was held until the next meeting under the rules.
#235 – APPR. TO VARIOUS ACCOUNTS
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 Four Thousand Eight Hundred Dollars ($4,800.00) is hereby appropriated from the “Receipts Reserved – Harbormaster” account to the Harbormaster accounts listed below in accordance with the recommendation of Her Honor the Mayor.
12952-5481 Fuel $1,000.00
12952-5244 Maintenance $2,000.00
12952-5341 Telephone $1,800.00
Total $4,800.00
#237 – AUTHORIZE MAYOR TO SUBMIT COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION FOR FISCAL YEAR 2008
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance and to co-post with the Committee of the Whole and to be reported out at the next regular Council meeting.
ORDERED: That the City Council hereby approves the City of Salem’s Assistance to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of July 1, 2007 through June 30, 2008 in the amount of $1,161,440.00.
#238 – WAIVER TO SALEM HARBOR CDC FOR PLUMBING AND ELECTRICAL PERMIT FEES
The request by the Mayor for approval by City Council for a waiver of plumbing and electrical permit fees, totaling $8,000 to $10,000, for the project at 50 Palmer Street being developed by the Salem Harbor CDC was approved.
Councillor O’Leary was recorded as opposed.
#239 – CREATION OF AD-HOC PORT ADVISORY COMMITTEE
The following Order, recommended by the Mayor, was adopted.
ORDERED: Be it Ordered by the Salem City Council, as follows:
That an ad-hoc Port Advisory Committee, consisting of the individuals named below, is hereby created for the purpose of making recommendations to the Mayor and City Council, as necessary, on the management, operation and development of the Salem Port Project at Blaney Street Landing. Such recommendations may include use of the existing dock space, fee structures for rentals, operational protocols, on-site beautification and configuration. The ad-hoc Port Advisory Committee shall cease to exist upon the creation of a formal entity established by the Mayor and City Council pertaining to the operation and management of the Salem Port.
Port Advisory Committee Members
Peter Gifford, City Harbormaster or his designee
Bill Walker, WTA Ferry Operator or his designee
Russ Vickers, Owner of Hawthorne Cove Marina, Partnership Member
Fred Atkins, Owner of Dion’s Boat Yard, Partnership Member
Mike Fitzgerald, Dominion Salem Harbor Station Manager or his designee
David Smith, Admiralty Attorney/President of SailSalem
Lucy Corchardo, Ward 1 City Councillor
#240 – FIVE YEAR FINANCIAL FORECAST AND CAPITAL IMPROVEMENT PROGRAM
The request by the Mayor to meet with the City Council to make a presentation of the Five Year Financial Forecast was referred to the Committee of the Whole.
#241 – YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the enclosed Year to Date Budget Report dated March 31, 2007, be received and placed on file.
#242 – STOP SIGN BRADLEY ROAD SIXTY DAY TRIAL
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 sixty (60) days.
Chapter 42, Section 49, “Obedience to Isolated Stop Signs”
Bradley Road at the intersection with Sumner Road “Trial Period up to sixty (60) days”.
#243 – SCHOOL BUDGET FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the enclosed Financial Report and Correspondence dated March 26, 2007 from the School Department Business Administration be referred to the Committee on Administration and Finance.
#244 – ORDINANCE AMENDING TRAFFIC, SERVICE ZONES, WASHINGTON STREET
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and seven.
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 13, “Service Zones”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Washington Street #118, westerly side starting at a point of fifty-two (52) feet south of the junction of Essex Street, extending in a northerly direction for a distance of twenty (20) feet, “Service Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#245 - ORDINANCE AMENDING TRAFFIC, HANDICAP ZONE LIMITED TIME, CUSHING STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and seven.
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicap Parking, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. In front of #8 Cushing Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#246- ORDINANCE AMENDING TRAFFIC, HANDICAP ZONE LIMITED TIME, WARD STREET
Councillor Corchado introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and seven.
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicap Parking, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. In front of #23 Ward Street, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#247 – ISSUES REGARDING TAXI COMPANIES
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet with the various Taxi Companies and the Salem Police Department representative regarding taxi operations in the city.
#248 – FORM A COMMITTEE FOR NEW SENIOR CENTER
Councillor Lovely co-sponsored with Councillor Veno introduced the following Order, which was adopted.
Councillor O’Leary assumed the Chair.
ORDERED: That a Committee be formed, comprised of the individuals named below, to investigate possible locations for a new Senior Center. Be it further ordered that said committee shall present a report of its findings to the City Council on or before October 15, 2007.
John A. Walsh
Teasie F. Reilly Goggin
Pamela L. Greaves
Barbara A. Cleary
Anthony V. Salvo
Denis A. Coleman, Director, Peabody Council on Aging
Paul J. Lanzikos, Executive Director, North Shore Elder Services
Mayor Kimberley Driscoll
Ward 5 City Councillor Matthew A. Veno, City Council President
At-Large City Councillor Joan B. Lovely
One member of the Council on Aging Board of Directors
One member of the Parks and Recreation Commission
Councillor Veno resumed the Chair
Councillor O’Leary assumed the Chair
#249 - ORDINANCE AMENDING TRAFFIC, HANDICAP ZONE, PIONEER TERRACE
Councillor Veno introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and seven.
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50A, “Handicapped Parking Zones”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. westerly side of the City parking lot located across from Pioneer Terrace, a total of two (2) spaces, additional spaces marked, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor Veno resumed the Chair.
#250 – (#209) – ELECTION OF CITY COUNCILLORS TO THE AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES
Councillor O’Keefe offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of election of Councillors to the Affordable Housing Trust Fund Board of Trustees Section 2-1002 of the City Code of Ordinances, has considered said matter and would recommend that Councillors Pelletier and Corchado be elected as members of the board as nominated.
#251 – (#221- #223) GRANTING LICENSES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend that the following be granted.
PUBLIC GUIDE Timothy A. Maguire, Jr., 106 West 3rd St., Boston
TAG DAY Knights of Columbus, October 4, 5, 6, & 7, 2007
TAXI OPERATOR Johnny Rodriguez, 16 Hersey St., Salem
Jose M. Nunez, 24 Ward St., Apt. #1, Salem
Rene Payero, 19 Park St., Salem
#252 – (#113) HOME RULE PETITION FOR 32 CHURCH STREET
Councillor O’Keefe 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 matter was adopted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Leary, O’Keefe, Lovely and Blair were recorded as voting in the affirmative. Councillors Furey, Corchado and Veno were recorded as voting in the negative.
Councillor O’Leary assumed the Chair.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Home Rule Petition for the sale of beer and wine at 32 Church Street for David Halter and Eric Olson, has considered said matter and would recommend approval by roll call vote.
Councillor Veno resumed the Chair.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#253 – COMMUNITY PRESERVATION ACT
Councillor Furey offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole. It was voted to accept the report.
The Committee on Community and Economic Development to whom was referred the matter of the Community Preservation Act, has considered said matter and would recommend the following clarification of wording by the Solicitor was approved for the ballot.
Act be put on November 6, 2007 ballot with a surcharge of 1% with exemptions:
1. For property; owned and occupied as a domicile by a person who would qualify for low- income housing or low or moderate income senior housing in the city or town.
2. For 100,000 of the value of each taxable parcel of residential real property with starting date of July 1, 2008; fiscal year 2009.
Councillor O’Leary moved that a Public Hearing be held.
Councillor Pelletier amended that it be a Public Hearing of the Committee of the Whole.
Councillor Prevey amended that Mr. Saginor be invited.
On the motion to hold a Committee of the Whole Public Hearing and that Mr. Saginor be invited. It was so voted. Councillor Furey and Corchado were recorded as opposed.
Councillor O’Leary moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#254 – COMMUNITY PRESERVATION ACT
Councillor Furey offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole. 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 Community Preservation Act, has considered said matter and would recommend that the Committee on Ordinances, Licenses and Legal Affairs prepare a draft ordinance establishing Community Preservation Committee that would study the needs, possibilities and resources of the City regarding Community Preservation.
#255 – COMMUNITY PRESERVATION ACT
Councillor Furey offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole. 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 Community Preservation Act, has considered said matter and would recommend that the Committee on Administration and Finance create a Community Preservation Act Fund with the Director of Finance
#256 – INFLAMMABLE 38 NORMAN STREET
A hearing was ordered for April 26, 2007 on the petiton from Fire Chief David Cody to revoke the inflammable license for 38 Norman Street.
#257 – ZONING ORDINANCE AMENDMENT TO REZONE PARCELS ON CLARK AVENUE
A petition from Attorney John Keilty requesting a zoning ordinance amendment to rezone parcels on Clark Avenue from Industrial to R-1 was referred to the Planning Board to schedule a joint public hearing with the City Council.
#258 – EXTENDED HOURS OF OPERATION FOR SAMMY’S ROAST BEEF
Request from Sammy’s Roast Beef located at 17 Canal Street for extended hours of operation was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent with the following that the need for a police detail be rescinded. Also that the matter be revisited at the City Council’s July meeting.
#259 – REQUEST USE OF CITY STREETS AND ROUTE FOR CITYVIEW TROLLEY
Request from CityView, Inc. to obtain use of City Streets and other necessary licenses to operate a trolley business was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#260 - #273 – LICENSE APPLICATIONS
The following licenses were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Chad Clayton, 1665 Commonwealth Ave., Brighton
TAG DAY S.H.S. Boys Tennis, May 6, 2007
Franco-American War Veterans May 18, 2007
S.H.S. Boys Tennis, May 19, 2007
S.H.S. Track, May 20, 2007
VFW Post 1524, May 24, 25, 27 & 28, 2007
Salem Little League, June 2, 2007 & June 16, 2007
Salem Concert Band, June 9, 2007
Pop Warner, August 11, 2007, September 29, 2007 & October 20, 2007
S.H.S. Boys Soccer, September 15, 2007 & October 21, 2007
VFW Post 1524, November 9, 10. 11 & 12, 2007
TAXI CAB Salem Taxi Corp., 142R Canal St., Salem (2)
Finix Car Service, 53 ½ Canal St., Salem (2)
Community Taxi, 27R Caller St., Peabody (6)
All City Cab, LLC, 82 Sanderson Ave #213, Lynn (3)
LIMOUSINE Salem Taxi Corp., 142R Canal St., Salem (6)
Finix Car Service, 53 ½ Canal St., Salem (2)
TAXI OPERATOR Daniel Collado, 12 Peabody St. #6, Salem
George Lugo, 43 Prince St., Salem
Alex Perez, 67 Story Ave., Beverly
Donald Bovio, Sr., 325 Cabot St., Beverly
Tammy Mejia, 19 Park St., Salem
Roberto Pacheco, 105 Congress St., Salem
Thomas Alley, 200 North St. #17A, Danvers
Carlos Pacheco, 5112 CraneBrook Way, Peabody
Rafael Lugo Espaillat, 16 Hersey St., Salem
VEHICLE FOR HIRE Friendship Carriage Tours, 13 Crombie St., Salem
#274 – DRAINLAYER / CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator License was granted.
The Warren Company, 18 Lovell Road, Lynnfield
#275 - #279 - CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Richard Bresnahan, 60 Bay View Ave., Salem
William Doucette, 9 Carlton St., #3, Salem
Alan Hawryluk, 3 Puritan Road, Salem
Juli Lederhaus (Hawthorne Hotel) 18 Washington Sq., Salem
Mark Yanow, 7 Yorkshire Road, Marblehead
#280 – BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER The Warren Company, 18 Lovell Road, Lynnfield
SIGN Feed Your Head Books, 272 Essex St., Salem
On the motion of Councillor O’Keefe the meeting adjourned at 9:45 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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