A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 6, 2007 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 30, 2007 at 9:31 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.
President Veno requested and received unanimous consent to suspend the rules to do a presentation to the out going Councillors Lucy Corchado, Mark Blair and Leonard F. O’Leary. A presentation of parting gifts was done. The Army Corp of Cadets lead by Tom Moran presented a medal to Councillor O’Leary.
Councillor Sosnowski presented to Councillor O’Leary a plaque stating that Councillor O’Leary will be forever the Dean Emeritus. This plaque is to be mounted on the Dean’s desk.
Councillor Lovely moved for a two (2) minute recess. It was so voted.
Councillor O’Leary requested and received unanimous consent to suspend the rules to go to Motions, Orders and Resolutions.
#739 – RESOLUTION NAMING SALEM AS BIRTHPLACE OF THE NATIONAL GUARD
Councillor O’Leary introduced the following Resolution, which was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Leary, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
RESOLUTION:
WHEREAS: On December 13, 1636 the General Court of Massachusetts ordered the colony’s militia companies into three regiments; The North, South and East Regiments.
WHEREAS: The colonist had adopted the English militia system which required all males, between the ages of 16 and 60 to possess arms and participate in the defense of the community.
WHEREAS: These regiments drilled once a week and provided guard details each evening to sound the alarm in case of attack by the Pequot Indians.
WHEREAS: The organization of North, South and East Regiments increased the efficiency and responsiveness of the militia.
WHEREAS: The first meeting of the East Regiment took place in Salem, Massachusetts on the Salem Common.
WHEREAS: Since 1785, Salem’s own Second Corps of Cadets (101st and 102nd Field Artillery) has celebrated the first muster’s anniversary yearly, and
WHEREAS: The National Guard continues its historic mission of providing units for the first line defense of the Nation and the current mission across the globe.
BE IT RESOLVED: That the City Council of Salem, Massachusetts declare that said city be known to all as the birthplace of the National Guard.
Respectfully submitted Leonard F. O’Leary, Councillor Ward Four.
Councillor O’Leary moved to return to the regular portion of the meeting. It was so voted.
#740 – EXECUTIVE SESSION – NEGOTIATIONS WITH DOMINION
Councillor Blair 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 negotiations with Dominion. It was so voted.
Councillor Blair 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 10 Yeas, 0 Nays, 0 Absent, 1 Present. Councillor Sargent was recorded as present.
See end of meeting for minutes of Executive Session.
(#713A) – POLE LOCATION ON JACKSON STREET
A hearing was held on the Order of National Grid for a solely owned pole on Jackson Street. The petition was withdrawn and the hearing was closed.
#741 – CONDUITS ON LAFAYETTE STREET
A hearing was held on the Order of National Grid to install two (2) conduits on Lafayette Street. Appearing in favor was John Jankowski of National Grid. Councillor Pelletier got reassurance that the job won’t start until next spring. There was no one opposed. Councillor Pelletier moved that the matter be granted. It was so voted.
#742 – REAPPT. CONSTABLE
The Mayor’s reappointment of the following to serve as a Constable was received and placed on file:
Cecilia G. Cordero, 14 Lynch St. #31, Salem Term to Expire: September 18, 2008
#743 – APPR. TO PUBLIC SERVICES – INFRASTRUCTURE REPAIR
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of One Hundred Sixty-One Thousand, One Hundred Thirty-Two Dollars and Thirty-Six Cents ($161,132.36) is hereby appropriated from the“Retained Earnings – Water Fund” account to “Public Services – Infrastructure Repair” account in accordance with the recommendation of Her Honor the Mayor.
#744 – APPR. TO STABILIZATION FUND
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of One Hundred Thirty-Eight Thousand, Two Hundred Thirty Dollars ($138,230.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the Stabilization Fund in accordance with the recommendation of Her Honor the Mayor.
#745 – APPR. TO STABILIZATION FUND
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fifty-One Thousand Dollars ($51,000.00) is hereby appropriated from the “Sale of City Property” account to be expended for a HVAC system in the Police Station in accordance with the recommendation of Her Honor the Mayor.
#746 – APPR. TO PUBLIC SERVICES – INFRASTRUCTURE REPAIR
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-Seven Thousand, Five Hundred Eighty-Six Dollars and Three Cents ($27,586.03) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Infrastructure Repair” account in accordance with the recommendation of Her Honor the Mayor.
#747 – APPR. TO PURCHASE BREATHING APPARATUS FOR FIRE DEPT.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fifteen Thousand, Nine Hundred and Forty-Five Dollars ($15,945.00) is hereby appropriated to the “Capital Outlay – Equipment” account to be expended for the purchase of fire breathing apparatus for the Fire Department in accordance with the recommendation of Her Honor the Mayor.
#748 – APPR. TO TREASURER’S – WATER SHORT TERM DEBT PROFESSIONAL FEES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Six Thousand, Seven Hundred Sixty-Nine Dollars ($6,769.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Treasurer’s – Water Short Term Debt Prof. Fees” account in accordance with the recommendation of Her Honor the Mayor.
#749 – TRANSFER OF 15 PEABODY STREET TO PARK & RECREATION COMMISSION
A communication from the Mayor submitting the following Resolution and Order for the transfer of 15 Peabody Street to the Park & Recreation Commission was received and placed on file.
Councillor O’Leary was recorded as leaving the Council Chamber.
#749A – RESOLUTION: TO FILE & ACCEPT GRANTS FOR URBAN SELF-HELP PROGRAM
The following Resolution recommended by the Mayor, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
A RESOLUTION TO FILE AND ACCEPT GRANTS WITH AND FROM THE COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE OFFICE OF ENERGY AND ENVIRONMENTAL AFFAIRS FOR THE URBAN SELF-HELP PROGRAM FOR IMPROVEMENTS TO 15 PEABODY STREET.
WHEREAS: The 15 Peabody Street Park is by and far a community wide asset and the preservation and improvements to this facility are a City priority as evidenced in the most recent Open Space and Recreation Plan; and
WHEREAS: The 15 Peabody Street redevelopment will greatly enhance this facility with improved infrastructure, path systems, site lighting, universal access, etc.; and
WHEREAS: The overall cost and fiscal budget constraints prevented the City from proceeding forward with implementation of the project; and
WHEREAS: The Executive Office of Energy and Environmental Affairs (EOEEA) is offering reimbursable grants to cities and towns to support the preservation and restoration of urban parks through the Urban Self-Help Program, Chapter 933 Acts of 1977, as amended; and
WHEREAS: The 15 Peabody Street Park Project will cost a total of $742,000 and the City allocated $52,120 in Community Development Block Grant funds, $40,500 in Environmental Protection Agency Brownfields Clean-Up Grant funds, $174,500 in Massachusetts Seaport Council funds for 15 Peabody
Street Park Project.
NOW, THEREFORE, BE IT RESOLVED
1. That the Mayor be and is hereby authorized to file and accept grants from the Executive Office of Environmental Affairs; and
2. That the Mayor be and is hereby authorized to expend from available funds an amount equal to the total project cost to be reimbursed by the Executive Office of Energy and Environmental Affairs.
3. That the Mayor be and is hereby authorized to take such actions as are necessary to carry out the terms, purposes, and conditions of this grant to be administered by the Department of Planning and Community Development; and
4. That this Resolution shall take effect upon passage.
#749B – TRANSFER OF 15 PEABODY STREET TO THE PARK & RECREATION COMMISSION
The following Order recommended by the Mayor, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded as absent.
Councillor Corchado moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: In accordance with Massachusetts General Law Chapter 40, Section 15A, the City Council, by a two thirds vote of its members and subsequent approval of the mayor, hereby transfers the care, custody, management and control of the property located at 15 Peabody Street, the premises deeded to the City by Edward C. Mehm and James E. Hearl and recorded with the Essex South District Registry of Deeds in Book 6667, Page 424, to the Salem Park and Recreation Commission (Commission). Upon acceptance of the property by the Commission, the property shall be retained for park purposes in accordance with an Urban Self-Help Program Project Agreement to be executed by the Commonwealth of Massachusetts Executive Office of Environmental Affairs Division of Conservation Services, the City of Salem and
the Commission.
#750 – KRISTINE DOLL OF SALEM ARTS COUNCIL BE GRANTED EXEMPTION OF CONFLICT OF INTEREST
The following Order recommended by the Mayor, was adopted.
ORDERED: That Kristine Doll, a member of the Salem Arts Council, is hereby granted a Conflict of Interest Exemption, relative to the filing of a Local Cultural Council Grant Application.
#751 – WILL PIRONE OF SALEM ARTS COUNCIL BE GRANTED EXEMPTION OF CONFLICT OF INTEREST
The following Order recommended by the Mayor, was adopted.
ORDERED: That Will Pirone, a member of the Salem Arts Council, is hereby granted a Conflict of Interest Exemption, relative to the filing of a Local Cultural Council Grant Application.
#752 – GERALD RYAN OF SALEM ARTS COUNCIL BE GRANTED EXEMPTION OF CONFLICT OF INTEREST
The following Order recommended by the Mayor, was adopted.
ORDERED: That Gerald Ryan, a member of the Salem Arts Council, is hereby granted a Conflict of Interest Exemption, relative to the filing of a Local Cultural Council Grant Application.
Councillor O’Leary returned to the Chamber.
#753 – SUSPEND RULE 31B
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That rule 31B be suspended to carry the enclosed matters of the Committee on Ordinances, Licenses and Legal Affairs into the new year 2008.
Council Orders: #635 of 2006, and the following 2007 Orders, #77, 118, 158, 207, 366, 423, 449, 618, 624, 625,631,677, 677C, 677D and 729.
#754 – SUSPEND RULE 31B
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That rule 31B be suspended to carry the enclosed matters of the Committee on Administration and Finance into the new year 2008.
Council Orders: #211, 575 and 718 of 2007.
#755 – ENCROACHMENT AND OBSTRUCTED SIDEWALK
Councillor O’Leary introduced the following Order, which was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Leary, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the Director of Public Services, in accordance with Chapter 38 of the City of Salem Code of Ordinances, shall forthwith give written notice to the owner of 28 Marlborough Road that he or she has obstructed and encroached on a city sidewalk and that said obstruction and encroachment is not removed in a timely manner, the Director of Public Services, with the assistance of the City Solicitor, shall cause the owner to be prosecuted for such offense in accordance with Section 38-6 of the Code of Ordinances.
#756 - SUSPEND RULE 31B
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That rule 31B be suspended to carry the enclosed matters of the Committee on Government Services into the new year 2008.
Council Orders: #433, 435, 678, 679 and 681 of 2007.
#757 - (#730 – #735) 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 GUIDES Carole Hartling, 37 Peach Highlands, Marblehea
Nancy Sweeter, 60 Burley St., Danvers
Rosemary Alice Wolf, 128 Bridge St. #4, Salem
Mollie Stewart, 24 Essex St. #1, Salem
Jeffrey Horton, 16 Garfield Ave., Beverly
PUBLIC GUIDES Lester Vincent Campagna, 104 Flint St., Lynn
Nichole Clarke, 28 Howard St. #2, Salem
Alejandra Miranda-Naon, 95 Longwood Ave., Brookline
William Sano, 35 Daniels St., Salem
Hannah Diozzi, 20 Pleasant St., Salem
Frances Marrow, 12 Strawberry Hill Lane, Danvers
Allen Winecour, 161 Garland St., Everett
Heide Hasselmann, 2 Cranberry Hill, Duxbury
SEAWORM Joe Mendonca, 22 Spring St., Peabody
Arthur Barreira, 49 Webster St., Peabody
John Silva, 10 Almeda St., Salem
SECOND HAND
CLOTHING Witch City Consignment, 301 Essex St., Salem
SECOND HAND
VALUABLE Witch City Consignment, 301 Essex St., Salem
Marine Arts Galleries, Inc., 135 Essex St., Salem
Antiques at Museum Place, Museum Place Mall #114, Salem
Cyrx-Stryr Sales, 180 Essex St., Salem
Europa Limited, 3 Hawthorne Blvd., Salem
Filigree & Fancy, Pickering Wharf, Salem
Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
Record Exchange, 256 Washington St., Salem
TAG DAY SHS Field Hockey, September 13, 2008 & September 27, 2008
TAXI OPERATORS Clifford Gately, 9 Crombie St., Salem
Donald Burns, 93 Rainbow Ter., Salem
#758 – HALLOWEEN EXPENSES & REVENUES
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 Halloween Revenues and Expenses has considered said matter and would recommend that the matter remain in Committee.
#79 – CITY WIDE FLOOD CONTROL (CWFC)
Councillor Pelletier 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 City Wide Flood Control (CWFC) has considered said matter and would recommend that the matter remain in committee and the following was submitted:
David Knowlton, City Engineer submitted a report that included in detail the completed projects, capital improvement program, ongoing projects and upcoming projects.
Richard Rennard, DPW Director reported on the current storm drain cleaning program.
1100+ catch basins were cleaned
12,000 +/- feet of pipe sizes 12” – 24” were cleaned
300+/- ton of material removed and disposed of properly
Clean-inspect-identify faulty catch basins
18 catch basins rebuilt or repaired
Steve Rema, CWFC member and Salem business owner, (McDonald’s on Canal St.) stated the city and CWFC are doing an outstanding job and hopes it will continue.
#760 - (#728) HAWC WALK
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 the annual Hawc Walk for 2008 has considered said matter and would recommend approval.
#761 - (#677A, 677B, 677C, 677D) HOME RULE PETITIONS
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 (4) Home Rule Petitions for additional liquor licenses for (#677A) 2-4 Front Street, (#677B) 85-87 Washington Street, (#677C) 247 Essex Street and (#677D) 118 Washington Street has considered said matter and would recommend the following:
(#677A) Home Rule Petitions for 2-4 Front Street be referred back to the Mayor for clarification.
(#677B) Home Rule Petition for 85-87 Washington Street for sale of alcoholic beverages to be drunk on the premises to be located at 85-87 Washington Street, Salem MA be referred to the City Solicitor for recommendation of contingent language that the establishment be a “high end restaurant” and that 677B come back from the City Solicitor at the beginning of the new year and, further that the City Solicitor draft policy language to assist the city council in granting future licenses relative to contingent language on said future licenses and that the business owner submit a business plan to the city council.
(#677C) Home Rule Petition for 247 Essex Street, Gulu-Gulu Corp. amend by inserting after the words “malt beverages and cordials and liqueurs” and adopt as amended.
(#677D) Home Rule Petition for 118 Washington Street, Upper Crust be adopted as submitted.
#762 – POLE LOCATION COLLINS STREET
A hearing was ordered for January 10, 2008 on the petition of Verizon and Massachusetts Electric for a jointly owned pole on Collins St.
#763 - POLE LOCATION PLANTERS STREET
A hearing was ordered for January 10, 2008 on the petition of Verizon and Massachusetts Electric for a jointly owned pole on Planters Street.
#764 - POLE LOCATION WEBB STREET
A hearing was ordered for January 10, 2008 on the petition of Verizon and Massachusetts Electric for a jointly owned pole on Webb Street.
#765 – BLOCK PARTY
The request from residents from Fairmount St. (Nursery St. to Liberty Hill Ave.), to hold a block party on December 15, 2007 from 2:00 P.M. to 8:00 P.M., with a rain date of December 16th or December 21st was granted.
#766 – ROAD RACE SALEM STATE COLLEGE
The request from Salem State College to hold a road race and fun walk on Sunday, April 13, 2008 at 9:00 A.M. was referred to the Committee on Ordinances, Licenses and Legal Affairs and suspend rule 31B.
#767 – #770 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
SEAWORM Manuel N. Silva, 80 Northend St., Peabody
Analiano Silva, 25 Driscoll St., Peabody
SECOND HAND
CLOTHING Boston St. Resale, 134 ½ Boston St., Salem
TAG DAY SHS Swim Team, January 12, 2008
Salem/Swampscott Youth Hockey, October 11, 2008
#771 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer / Contract Operator license applications were granted.
Caruso Corp., 320 Charger St., Revere
GeoLogic-Earth Exploration, Inc., 7 Sherwood Dr., Norfolk
Geosearch, Inc., 20 Authority Dr., Fitchburg
Gordon Construction Inc., 5 Grey Lane, Lynnfield
Spencer Contracting, 350 Main St., Boxford
TDS, Inc., 2 Peter Dr., Sterling
N. Granese & Sons, Inc., 18 Yorkshire Rd., Marblehead
McLaughlin Const. Co. of Peabody Inc., 72R Central St., Peabody
#772 – CLAIM
The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs and suspension of rule 31B.
Terrance Neylon, 10 Gardner St., Salem
#773 - #775 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER Geosearch, Inc., 20 Authority Dr., Fitchburg
TDS, 2 Peter Dr., Sterling
SIGN Friends Restaurant, Inc. dba/ Passage to India, 157 Washington St., Salem
#716 – (#638) MAYOR’S VETO OF ORDINANCE TO AMEND SOLID WASTE MANAGEMENT
Councillor Sargent recused himself and left the Chamber.
The Mayor’s Veto of an Ordinance amending Chapter 36, Section 9, Solid Waste Management, was then taken up. The Veto was not overridden by a roll call vote of 6 yeas, 4 nays, 1 absent. Councillors Sosnowski, Prevey, O’Leary, Lovely, Corchado and Blair were recorded as voting in the affirmative. Councillos Pelletier, O’Keefe, Furey and Veno were recorded as voting in the negative. Councillor Sargent was recorded as absent.
(#719) – ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, BECKFORD STREET
The matter of second and final passage of an Ordinance amending Traffic, Parking Prohibited, Beckford Street, was then taken up. The Ordinance was adopted for second and final passage.
(#720) – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, BECKFORD STREET
The matter of second and final passage of an Ordinance amending Traffic, Resident Sticker Parking, Beckford Street, was then taken up. The Ordinance was adopted for second and final passage.
(#721) – ORDINANCE AMENDING TRAFFIC, METERED ZONES, KLOP ALLEY
The matter of second and final passage of an Ordinance amending Traffic, Metered Zones, Klop Alley, was then taken up. The Ordinance was adopted for second and final passage.
(#722) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING LIMITED TIME, GARDNER STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Limited Time, Gardner Street, was then taken up. The Ordinance was adopted for second and final passage.
(#723) – ORDINANCE AMENDING TRAFFIC, USE OF BICYCLES ON THE ESSEX STREET PEDESTRIAN MALL
The matter of second and final passage of an Ordinance amending Traffic, use of bicycles on the Essex Street pedestrian mall, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 10:00 P.M.
A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 6, 2007 at 7:00 P.M. for the purpose of transacting any and all business, at which time, the City Council, by recorded roll call vote, went into Executive Session with the Mayor, for an update on the status of negotiations with Dominion. Notice of this meeting was posted on November 30, 2007 at 9:31 A.M.
Councillor Sargent was recorded as absent.
Council President Matthew Veno presided.
Councillor Blair 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. Adopted by a roll call vote of 10 yeas, 0 nays, 0 absent, 1 present. Councillor Sargent was recorded as present and recused himself from the Executive Session.
See canister in vault for minutes of Executive Session. Minutes cannot be released without approval from City of Salem Legal Department.
On the motion of Councillor , the Executive Session adjourned, and the regular meeting continued by roll call vote of 11 yeas, 0 nays, 1 absent. Councillor Sargent was recorded as absent.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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