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MINUTES OCTOBER 11, 2007

        A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 11, 2007 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on October 4, 2007 at 5:57 P.M.
        

       Councillor O’Leary was recorded as absent.

       Council President Matthew Veno presided.


Councillor Corchado 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.


#619 – CONDUIT ON HIGHLAND AVENUE AND TRADER’S WAY

        Held from the last meeting of September 27, 2007 an Order of Comcast to install a conduit on Highland Avenue and Trader’s Way.
        Appearing in favor was Jason Wiellett of Comcast. Councillor Pelletier spoke in favor of the petition.There was no one opposed. The hearing was closed. Councillor Pelletier moved that the matter be granted. It was so voted.


#644 – #645 -  REAPPT. CONSTABLES

        The Mayor’s re-appointment of the following to serve as a Constables was received and placed on file.

        David F. Bourgault, 19 Belleau Rd., Salem               Term to Expire:  September 26, 2010
        Mark J. Snider, 103 Boardman Ave., Melrose              Term to Expire:  November 13, 2010



#646 – TRANSFER TO GROUP INSURANCE LINES

The following Order, recommended by the Mayor, was adopted under suspension of the rules.




        ORDERED: That the sum of Eight Thousand, Four Hundred Fifty-Nine Dollars and Thirty- Three Cents ($8,459.33) from “Receipts Reserved – Golf Course” account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.

        SS/Med          957.04
        Health Ins              4,083.48
        Life Ins                  44.14
        Dental Ins              323.68
          Retirement           3,050.99
        Total                   8,459.33


#467 – TRANSFER TO GROUP INSURANCE LINES

        The following Order, recommended by the Mayor, was adopted under suspension of the rules.

        ORDERED: That the sum of Seven Thousand, Six Hundred and Forty-Nine Dollars and Four Cents ($7,649.04) from “Receipts Reserved – Harbormaster” account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.

        SS/Med          775.97
        Health Ins              4,618.02
        Life Ins                  37.14
        Dental Ins               38.40
          Retirement           2,179.51
        Total                   7,649.04



#648 – TRANSFER TO GROUP INSURANCE LINE

        The following Order, recommended by the Mayor, was adopted under suspension of the rules.

        ORDERED: That the sum of Three Hundred Seventy-Eight Dollars and Seven Cents ($378.07) from “Receipts Reserved – Witch House” account and appropriated to the following Group Insurance Line in accordance with the recommendation of Her Honor the Mayor.

        SS/Med          378.07
        
          


#649 – ELECTION ORDER

        Councillor Sosnowski introduced the following Order, which was adopted.
                                                  
        ORDERED:  That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter on Tuesday, November 6, 2007 for the purpose of casting votes in the City Election for the election of candidates for the following offices:
        
        Four Councillors at Large: for the term of two years
        Councillors of Ward One, Two, Three, Four, Five, Six and Seven: for the term of two years
        Three members of the School Committee: for a term of four years

AND BE IT FURTHER ORDERED:  That the following places be and hereby are designated as polling places for said meetings:

WARD ONE
        PRECINCT ONE    Bentley School, Memorial Drive
        PRECINCT TWO    Recreation Room, 27 Charter Street

WARD TWO
        PRECINCT ONE    Carlton School, 10 Skerry Street
        PRECINCT TWO    Salem Heights Recreation Room, 12 Pope Street

WARD THREE
        PRECINCT ONE    Council on Aging, 5 Broad Street
        PRECINCT TWO    Ste. Anne’s School, 9 Cleveland Street

WARD FOUR
        PRECINCT ONE    Community Room, Colonial Terrace
        PRECINCT TWO    Princeton Crossing Community Center, Heritage Drive

WARD FIVE
        PRECINCT ONE    Temple Shalom, 287 Lafayette Street (front entrance)
        PRECINCT TWO    Community Room, Pioneer Terrace
                                
WARD SIX
        PRECINCT ONE    Bates School, Liberty Hill Avenue
        PRECINCT TWO    Park & Recreation Dept., Mack Park

WARD SEVEN
        PRECINCT ONE    Salem State Public Safety Bldg., 73 Loring Avenue
        PRECINCT TWO    Salem State Gymnasium, Harrison Road

AND BE IT FURTHER ORDERED:  That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law.


#650 – BLOCK PARTY

        Councillor Sosnowski introduced the following Order, which was adopted.
                                                  
        ORDERED:  That the enclosed Block Party application from the residents of 18 Rice Street for October 20, 2007 from 3:00 PM to 10:00 PM with a raindate of October 21, 2007 be approved.


#651 – YEAR TO DATE BUDGET REPORT

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the enclosed Year to Date Budget Report dated September 30, 2007 be received and placed on file.


#652 – CITY COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER

        Councillor Lovely introduced the following Order, which was adopted.

        ORDERED: That the regular meetings of the City Council, for the month of November and December shall be held on Thursday, November 15, 2007 and Thursday, December 6, 2007.


#653 – ORDINANCE AMENDING TRAFFIC HANDICAP ZONES HATHORNE 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 50B, “Handicapped Zones”

Be it ordained by the City Council of the City of Salem, as follows:
        
        Section 1. Hathorne Street, in front of #80-82 for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”

Section 2. This Ordinance shall take effect as provided by City Charter.





#654 – ORDINANCE AMENDING TRAFFIC, HALLOWEEN RESIDENT PARKING, PEABODY 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 75, “Halloween Resident Parking, Peabody Street”

Be it ordained by the City Council of the City of Salem, as follows:
        
        Section 1. Peabody Street, in it’s entirety, Resident Parking, October 1 to November 1.

        Section 2. This Ordinance shall take effect as provided by City Charter.


#655 – PETITION OF STREGA RESTAURANT FOR TENT OVER SIDEWALK

        Councillor Pelletier introduced the following Order, which was approved with conditions.

        ORDERED: That the enclosed request from Strega Restaurant for approval of sidewalk tent during Haunted Happenings be approved with the following conditions:

1)      that the tent be tied down securely
2)      that there is adequate wheel chair access on the sidewalk
3)      that the owner of Strega provide a Bond


        Councillor Pelletier assumed the chair.


#656 – REPORT OF THE SENIOR CENTER COMMITTEE

        Councillor Veno introduced the following Order, which was adopted.

        ORDERED: That the enclosed report from the Senior Center Committee be received and placed on file.      




#657 – (#639 - #641) - 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.


TAG DAY                 S.H.S. Hockey, November 25, 2007 & December 22, 2007

TAXI OPERATORS          Wilfredo Badillo, 107 Bridge St., Salem
                                
VEHICLE FOR HIRE        City View Trolley, 35 Eldon St., Boston (3 Trolleys)


#658 – (#625) – DECLARE 12 SWAMPSCOTT ROAD (TRANSFER STATION) SURPLUS PROPERTY

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 a City owned parcel located at 12 Swampscott Road be declared surplus, has considered said matter and would recommend that the City Council conduct a public hearing on Council Order #625  with the understanding the October 25, 2007 (date) language in the order is stricken.



#659 – (#624) – LEASE AGREEMENT EXTENSION FOR NORTHSIDE CARTING

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 by a roll call vote of 9 yeas, 1 nays, 1 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Keefe, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Lovely was recorded as opposed. Councillor O’Leary was recorded as absent.

Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a six (6) month extension Lease Agreement for Northside Carting, has considered said matter

and would recommend the Council amend Council Order #624 requiring a public hearing and move for approval of the extension at the October 11, 2007 Council meeting. The six month lease extension was granted.  



#660 –  (#621) - TRANSFER TO PUBLIC PROPERTY – BUILDING INSPECTIONS P/T SALARY

        Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance to whom was referred the matter of a transfer of $23,337.00 to “Public Property Building Inspector P/T Salary has considered said matter and would recommend approval.



#661 –  (#623) - TRANSFER TO PUBLIC PROPERTY – BUILDING INSPECTIONS EXPENSES SEALER

        Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance to whom was referred the matter of a transfer of $1,000.00 to “Public Property Building Inspectors Expenses Sealer has considered said matter and would recommend approval.



#662 –  (#575) – UPDATE OF THE PROPERTY KNOWN AS THE OLD SALEM JAIL

        Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance to whom was referred the matter of an update on the property known as the Old Salem Jail located at 50 St. Peter Street, has considered said matter and would recommend the matter remain in Committee.








        

        Councillor Sargent recused himself and left the Council Chambers.



#663 –  (#638) – ORDINANCE AMENDING SOLID WASTE

        Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. Councillors Furey and O’Keefe were recorded opposed.

        The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of an Ordinance amending Chapter 36, Section 9, Solid Waste
Management has considered said matter and would recommend that the ordinance be amended by deleting in Section 36-9, Section 1 through 9 and insert in place with Sections 6 through 9 and that the ordinance be adopted as amended for second and final passage as follows:

        Section 1. for the purpose of clarification and maintaining a solid waste collection fee until such time as Chapter 36 is repealed, Chapter 36, Solid Waste Management shall be amended by deleting in it’s entirety Section 36-9 entitled “Ordinance to be returned to City Council” and insert in place with the following:

        Section 36-9 “Repeal”

        Chapter 36, Section 6 through 9 shall remain in effect until June 30, 2008 when Sections 6 through 9 of Chapter 36 shall be repealed.




#664 – (#591) – EXTENDED HOURS OF OPERATION FOR IRVING OIL CORP.

        Councillor Pelletier 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 a petition from Irving Oil Company for extended hours of operation, has considered said matter and would recommend that the petition of Irving Oil Company to open at 5:00 A.M. instead of 6:00 A.M. be granted.






#665 – (#590) – EXTENDED HOURS OF OPERATION  FOR IHOP

        Councillor Pelletier 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 a petition from Mr. Stacks Inc. (Salem Pancakes Inc. DBA IHOP) for extended hours of operation has considered said matter and would recommend that the petition be referred to the Committee on Government Services co-posted with the Committee of the Whole to hold a public hearing.


#666 - #668 - LICENSE APPLICATIONS

        The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.


TAXI OPERATORS          Thomas F. Schatz, 4 Myrtle St., Beverly
                                Jason Cacciola, 12 Blaine Ave., Beverly

                
VEHICLE FOR HIRE                                   
(OPERATORS ONLY)        Derek Gallien, 6 March St. #3, Salem
                                Wesley Hill, 68 Dane St., Beverly
                                Michael Zarba, 84 Grove St. #3, Lynn
                                Craig Malko, Jr., 321 Cabot St., Beverly


#668 -  DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATION      
        

The following Drainlayer / Contract Operator License was granted.

        Phoenix Communications, Inc., 70 James St., Worcester



#669 – CLAIM

The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.

        Andrew Harrington, 39 Harbor St. #1, Salem



#670 - #671 – BONDS

The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.


CONSTABLE               David Bourgault, 19 Belleau Rd., Salem

DRAINLAYER              Phoenix Communications, Inc., 70 James St., Worcester


(#627) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, STOP SIGN, BUTLER STREET

        The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 49, Stop Sign, Butler Street, was then taken up. The Ordinance was adopted for second and final passage.



(#633) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, GENERAL TOWING ZONES, CLARK STREET

        The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 74, Tow Zones, Clark Street, was then taken up. The Ordinance was adopted for second and final passage.


(#635) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, GENERAL TOWING ZONES, LAFAYETTE STREET

        The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 74, Tow Zones, Lafayette Street in front of #211 Saltonstall School, was then taken up. The Ordinance was adopted for second and final passage.


        On the motion of Councillor O’Keefe the meeting adjourned at 9:10       P.M.



ATTEST:                                                         CHERYL A. LAPOINTE
                                                                        CITY CLERK