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MINUTES - Regular - 7/15/2004 528 CITY OF SALEM J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, July 15, 2004 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on July 9, 2004 at 9.06 A.M. No Councillors Absent Council President Leonard F. O'Leary presided. Councillor Harvey moved to dispense with the reading of the record of the previous meeting. It was so voted. President O'Leary requested that everyone please rise to recite the Pledge of Allegiance. (#95 495A) — PROPOSED DISCONTINUANCE OF PRINCE STREET PLACE (PAPER STREET) A hearing was held on the Order recommended by the Mayor for the discontinuance of Prince Street Place, a paper street, Notice of this Public Hearing was advertised in the Salem Evening News on July 8, 2004. (#444) -APPT. OF CHRISTINE B. SULLIVAN TO REDEVELOPMENT AUTHORITY The Mayor's appointment of Christine B. Sullivan to serve as a member of the Salem Redevelopment Authority for a term to expire August 1, 2005, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, Veno and O'Leary were recorded as voting in the affirmative. Councillor Sosnowski moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #523 —APPT. OF LYNN GOONIN DUNCAN AS DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT The Mayor's appointment of Lynn Goonin Duncan to serve as the Director of Planning and Community Development for a term to expire January 31, 2006 was confirmed under suspension of the rules by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, Veno were recorded as voting in the affirmative. Councillor O'Leary was recorded as voting in the negative. CITY OF SALEM 529 J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL #524 —#525 APPOINTMENT AND REAPPOINTMENT OF THE FOLLOWING CONSTABLES Mayor's appointment and reappointment of the Constables with terms to expire as designated was received and filed. Leo Ledwell 26 Winthrop Dr., Falmouth term to expire June 1, 2005 Michael Semertgakis 119 Florence St., Everett term to expire July 1, 2007 #526 APPR. TO BE EXPENDED FOR LIBRARY BOOKS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty-five Thousand Dollars ($25,000.00) is hereby appropriated from the "Capital Outlay - Equipment" Account to be expended for library books in accordance with the recommendation of His Honor the Mayor. #527 — RESOLUTION CONCERNING COOPERATIVE AGREEMENT WITH NORTH SHORE CONSORTIUM Councillor Lovely introduced the following Order, which 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. RESOLUTION: WHEREAS: That the Mayor, as Chief elected official of the City of Salem, is authorized to enter into a Mutual Cooperation Agreement with the North Shore HOME Consortium for the purpose of joining the Consortium; and WHEREAS: That by joining the Consortium, the City of Salem and other members of the Consortium will be eligible to receive funding through the federal HOME (Housing Investment Partnerships Program) from the United States Department of Housing and Urban Development. These funds from the HOME program will be used to develop housing that is affordable to Salem's low and moderate income residents in the form of assistance to homebuyers, housing rehabilitation activities, new construction, rental subsidies and other uses as may be allowed by this program. NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council authorize to enter it the Mutual Cooperation Agreement to join the North Shore Home Consortium. 530 CITY OF SALEM J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL #528 —(#278) - MAYOR'S VETO RELATIVE TO EXTENDED HOURS OF OPERATION FOR CITGO GAS STATION ON NORTH STREET The following Veto from the Mayor, was received. No action for seven days under the provisions of the Charter. To the City Council City Hall Salem, Massachusetts Ladies and Gentlemen of the Council: I am returning herewith Council Order#278 dated April 22, 2004 relative to the extension of operating hours from 11 p.m. to midnight for the Citgo gas station located at 101-105 North Street, VETOED. Providing a business friendly atmosphere is important to the economic health of our community, and I remain committed to fostering an environment that is highly favorable to current business and ongoing business development. Salem is already well known as a vibrant place which offers many of the same amenities as larger cities; however, I will not sacrifice the quality of our neighborhoods as a cost of doing business. As you know, several of the station abutters have expressed deep concerns about the negative impact that the extended hours will have on their quality of life. These same residents had previously complained that the station was conducting business earlier than its allowed 6 a.m. opening. An extension of the station's operating hours could very well subject the stations abutters to business operations continuing well past the midnight closing time. The residents of North Street well understand that their neighborhood is a blend of business and residential properties. They enjoy city living and maintain good relations with their corporate neighbors, however they are also entitled to some relief from the din of business operations. I truly believe that the residents' concerns about the station's extended operating hours are well founded, and that for all of the reasons cited above, I respectfully request that the Council sustain this VETO. Very truly yours, s/STANLEY J. USOVICZ, JR. MAYOR CITY OF SALEM 531 J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL #529 —APPR. $1,196,325.00 TO FUND STAFFING LEVEL OF 95 FIRE FIGHTERS The following Order, recommended by the Mayor, was received under suspension of the rules. ORDERED: That the sum of One Million, One Hundred Ninety-Six Thousand, Three Hundred Twenty-Five Dollars ($1,196,325.00) is hereby appropriated to the "Fire Department — Salaries — Full Time" Account to be funded by property taxes, state aid, non-property tax revenue and reserves when the FY2005 tax rate is set in accordance with the recommendation of His Honor the Mayor. Councillor Harvey requested and received unanimous consent to suspend the rules to allow President O'Leary of the Fire fighters Union to speak. Councillor Harvey requested and received unanimous consent to suspend the rules to allow Chief Cody of the Fire Department to speak. Councillor Harvey moved to amend the amount by reducing it by $320,600.00 making the new total $875,725.00. Councillors O'Keefe, Pelletier and Bencal support 88 fire fighters. Councillor Lovely requested and received unanimous consent to allow Mr. Bruce Guy, Finance Director to speak. The following Order was adopted as amended by unanimous roll call vote of 11 yeas, 0, nays, 0 absent. ORDERED: That the sum of Eight Hundred Thousand Seventy-Five Thousand, Seven Hundred Twenty-Five Dollars ($875,725.00) is hereby appropriated to the "Fire Department — Salaries — Full Time" Account to be funded by property taxes, state aid, non-property tax revenue and reserves when the FY2005 tax rate is set in accordance with the recommendation of His Honor the Mayor. A motion for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. 532 CITY OF SALEM J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL #530 — CONFLICT OF INTEREST EXEMPTION BE GRANTED FOR PAULA BEAULIEU, LOCAL CULTURAL COUNCIL The following Order, received after the deadline of Tuesday noon, recommended by the Mayor, was approved. ORDERED: That Paula Beaulieu, a member of the Salem Arts council and Salem Artist and Teacher is hereby granted a conflict of interest exemption relative to the filing of a Local Cultural Council Grant Application. #531 —APPT. OF CITY CLERK, CHERYL A. LAPOINTE Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: That the City Council proceed with the filling the vacancy in the position of City Clerk. Councillor O'Keefe moved to nominate Cheryl A. LaPointe as City Clerk to fill the unexpired term of November 9, 2006. The appointment was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, Veno and O'Leary were recorded as voting in the affirmative. #532 — ST. JOSEPH'S BEANO'S BE HELD AT ST. JAMES Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: That the request of St. Joseph's Parish to hold their Beano on Wednesday nights at St. James Church on Federal Street be approved. #533 — ELECTION ORDER — STATE PRIMARY— SEPTEMBER 14, 2004 Councillor Harvey 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, September 14, 2004, for the purpose of casting votes in the State Primary election for the election of candidates of political parties for the following offices: CITY OF SALEM 533 J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL REPRESENTATIVE IN CONGRESS, SIXTH CONGRESSIONAL DISTRICT COUNCILLOR, FIFTH COUNCILLOR DISTRICT SENATOR IN GENERAL COURT, SECOND ESSEX DISTRICT REPRESENTATIVE IN GENERAL COURT, SEVENTH ESSEX DISTRICT SHERIFF, ESSEX COUNTY 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 Bentley School, Memorial Drive 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 Endicott School, 112 Boston Street PRECINCT TWO Princeton Crossing Community Center, 12 Heritage Drive WARD FIVE PRECINCT ONE Temple Shalom, Lafayette Street (front entrance) PRECINCT TWO Community Room, Pioneer Terrance WARD SIX PRECINCT ONE Bates School, Liberty Hill Avenue PRECINCT TWO Park and Recreation Dept., Mack Park WARD SEVEN PRECINCT ONE Fire Station, 64 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. 534 CITY OF SALEM J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL #534 — COMMITTEE BE FORMED TO ADDRESS CONCERNS WITH SALEM MISSION'S RELOCATION Councillor Pelletier introduced the following Order, which was adopted. ORDERED: That a Committee be formed to address concerns with regard to the ongoing operation of the Salem Mission and their relocation to St. Mary's Church. The Committee is to be comprised of the following: Mayor and/or his designee Ward Three City Councillor Chief of Police and/or his designee One (1) Salem Mission Board of Directors member Salem Mission Outreach Worker Two (2) Salem residents (at least one from the immediate neighborhood) One (1) member of the Salem business community or Salem Chamber of Commerce One (1) representative from the Salem Main Streets Initiative The Committee is to meet monthly with respect to daily operation of the Mission and any and all inquiries and/or complaints received thereto. The Committee is to be formed prior to the Salem Mission's move to the St. Mary's location. And, that this matter be referred to the Committee on Government Services for further review and recommendation. #535 — REMOVE GRAFFITTI FROM BENCHES AT THE COMMONS AND WILLOWS Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Park Department Director remove the graffiti on the benches at Salem Commons and the Willows. #536 — MAILING SENT TO ALL WATER SUBSCRIBERS OFFERING PIPE INSURANCE Councillor Bencal introduced the following Order, which was adopted. CITY OF SALEM 535 J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the City Engineer, the Mayor or his representative, the City's Purchasing Agent be invited to appear before the Committee on Public Health, Safety and Environment, relative to a mailing recently sent to Salem water subscribers, regarding pipe insurance being offered by a private entity. Further, that the invited guests be prepared to advise the Council of any costs incurred by the City, the search processes used to find companies providing this service, and what renumeration the City is receiving from the provider for this advertising, and any City resources used in developing, printing and/or mailing of this advertisement. #537 —VEHICULAR PARKING IN TOUR BUS SPACES Councillor Lovely introduced the following Order, which was adopted. ORDERED: That all Tour Bus parking spaces marked throughout the City be labeled for vehicular parking from the hours of 6.30 P.M. to 6.30 A.M. Monday through Sunday and that the Salem Police Traffic Dvision move to affix the proper signage indicating same. And that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs for proper change to the Ordinance. #538 — PARKING METERS IN FRONT OF BROTHER'S RESTAURANT Councillor Corchado introduced the following Order, which was adopted. ORDERED; That the Committee on Ordinances, Licenses and Legal Affairs meet regarding increasing the meter time limit from thirty (30) minutes to one hour on Derby Street in front of Brother's Restaurant. AND BE IT FURTHER ORDERED, that the following be invited, Mr. James Christopher, owner of Brother's Restaurant and Capt. Robert Callahan. #539 — BLOCK PARTY CARLTON STREET Councillor Corchado introduced the following Order, which was adopted. ORDERED: That the enclosed Block Party permit for Carlton Street for August 14, 2004 be granted. 536 CITY OF SALEM J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL #540 — (#474) - GRANTING CERTAIN LICENSES Councillor O'Keefe offered the following report for the Committee on Odinances, 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. TAXI OPERATOR Ramon I Espinal, 18 Peabody St., Salem Rafael Y Garcia, 106 Lafayette St., Salem S. Gregory Jameson, 43 Roslyn St., Salem Susan Pizzano, 104 Leach St., Salem Evangelis Rodriguez, 7 Smith St., Salem #541 — (#468) - EXTENDED HOURS OF OPERATION FOR WENDY'S 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 extended hours of operation for Wendy's has considered said matter and would recommend denial. #542 —#542A— ORDINANCE ESTABLISHING CABLE COMMISSION 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 enclosed Ordinance relative to Cable Television Commission has considered said matter and would recommend adoption of the following Ordinance for first passage. In the year two thousand and four An Ordinance relative to Cable Television Commission CITY OF SALEM 537 J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL Section 1. ARTICLE IV., DIVISION 13, CABLE TELEVISION COMMISSION Chapter 2, Section 2-990. Establiched, Composition and Compensation. There is established the Cable Television Commission. The Commission shall consist of seven (7) members, and the members shall serve without compensation. Chapter 2, Section 2-991. Definitions. "License" shall mean the license to operate a cable television franchise in the City of Salem pursuant to M.G.L. Chapter 166A. "Licenee" shall mean the Mayor of the City of Salem. "Company" shall mean the holder of a license under M.G.L., Chapter 166A in the City of Salem Chapter 2, Section 2-992. Appointment and terms of members; filling vacancies. The seven (7) members of the Commission shall be appointed as follows: One (1) member of the City Council to be appointed by the President of the City Council, one (1) member who shall be the City Solicitor or his designee, five (5) members appointed by the Mayor, at least two of whom shall be current subscribers for cable television in Salem, at least one of whom shall be a current member of the Board of Directors of the Access Corporation designated under the license. Each member shall serve conterminous with the Mayor, or in the case of the City Council seat, coterminous with the President of the City Council. Any vacancy shall occur in the Commission shall be filled in accordance with this section. Chapter 2, Section 2-993. Duties Generally. The Cable Television Commission shall act in an advisory and consultative capacity with the general objectives of representing the interests of the City of Salem and subscribers to cable television in the City. The Commission shall be the main point of contact for all matters relating to the operation of cable television in the City, including receipt of all notices from the licensee, receipt of notices from the Commonwealth of Massachusetts, and any such notices as the Mayor or City Solicitor shall deem proper. The Commission shall represent the City on all matters pertaining to cable television as directed by the Mayor and not inconsistent with the license. The Commission may appear on behalf of the City at all public hearings relating to matters before the State Cable Television Division or any regulatory capacity on matters pertaining to the license, including license renewal, at the direction of the Mayor and the City Solicitor. The Commission shall work with the access corporation and may address complaints relative to the access corporation from subscribers and perform such other duties relative to the access corporation as the Mayor may 538 CITY OF SALEM J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL direct from time to time. The Commission shall work with the company designated under the license, and may deal directly with company representatives on issues of importance to the City and to subscribers as it deems appropriate. The Commission may hold such public hearings and meetings, as it deems necessary from time to time. The duties of the Commission under this ordinance shall not be construed to be a transfer of any duties or responsibilities of the licensee as set forth under applicable law or the license(s). Any conflict between this ordinance and the license or any applicable law shall be resolved in favor of the license or applicable state or federal law. Section 2. This Ordinance shall take effect as provided by City Charter. #543 — (#361) —ADOPT M.G.L. TO ESTABLISHMENT OF LOCAL FEES Councillor Harvey 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 to accept Massachusetts General Law Chapter 40, Section 22f Establishment of Local Fees has considered said matter and would recommend adoption. #544 — (#310 - 380) — ORDINANCE RELATIVE TO PUBLIC CONSTRUCTION PROJECTS Councillor Harvey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee Administration and Finance to whom was referred the matter of an Ordinance relative to Public Construction Projects has considered said matter and would recommend adoption for second and final passage. #545 — (#451) — PARKING FEES FOR HERITAGE DAYS Councillor Harvey 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 parking fees during Heritage Days has considered said matter and would recommend adoption and the matter of parking fees for the month of October remain in Committee. CITY OF SALEM 539 J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL #546 — (#55) — CONVEYANCE OF LAND AND BUILDINGS LOCATED AT THE SALEM JAIL Councillor Lovely 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 an Order for the conveyance of land and buildings located at 50 St. Peter Street (Old Salem Jail) to the S.R.A. has considered said matter and would recommend approval and that the matter be be referred back to the Committee for further review #547 — PETITION FOR A GAS MAIN ON MARLBOROUGH ROAD The petition from Keyspan Energy for a Gas Main on Marlborough Road was referred to the Committee on Ordinances, Licenses and Legal Affairs . Councillor Harvey amended to invite Lynn Holten to attend, was adopted Councillor O'Keefe amended to write a certified letter to the president of Keyspan, was adopted #548 — (#467) — PETITION FOR EXTENDED HOUR OF OPERATION FOR SALEM JADE The petition from Attorney William Quinn informing the Council of withdrawal of request for extended hours of operation for Salem Jade, was received and filed. #550 -#551 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. TAXI OPERATOR Jeff Dennis, 117 Lafayette St., Salem TAG DAY Salem High School Ice Hockey, November 20, 2004 540 CITY OF SALEM J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL #552 -#555 - CLAIMS The following list of Claims were referred to the Committee on Ordinances, Licenses and Legal Affai rs. Rosemarie & Wayne Cross, 121 Webb St., Salem Dolores & Alice Jordan, 97 Derby St., Salem Juli Lederhaus, Hawthorne Hotel, 18 Washington Sq. West, Salem Attorney Jeffrey T. Scuteri (for Mary Paluskiewicz), 27 Congress St., Salem SUBROGRATED Thomas C. O'Keefe, III, Esq. (for Ashleigh C. Geary), 180 West Central St., Natick #556 -#557 - BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Michael Semertgakis, 119 Florence St., Everett Leo P. Ledwell, 26 Wintrop St., Falmouth (#363) — SECOND PASSAGE — ORDINANCE AMENDING SALARY CLASSIFICATION OF CERTAIN EMPLOYEES (COA VAN DRIVER) The matter of second and final passage of an Ordinance amending Chapter 2, Section 52, Salary Classification of Certain Employees (Council on Aging Van Driver), was taken up. The Ordinance was adopted for second and final passage. (#463A) — SECOND PASSAGE — ORDINANCE AMENDING MUTUAL POLICE AID PROGRAM The matter of second and final passage of an Ordinance amending Chapter 32, Section 18, relative to Mutual Police Aid Program, was taken up. The Ordinance was adopted for second and final passage. CITY OF SALEM 541 J U LY 15, 2004 REGULAR MEETING OF THE CITY COUNCIL (#248) — SECOND PASSAGE — ZONING ORDINANCE TO CREATE A CONSERVATION OVERLAY DISTRICT (SALEM WOODS) The matter of second and final passage of an Ordinance amending Zoning creating a Conservation Overlay District for Salem Woods, was taken up. The Ordinance was adopted for second and final passage by roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Bencal, Corchado, Harvey, Lovely, Pelletier, Sargent, Sosnowski and Veno were recorded as voting in the affirmative. Councillors Furey, O'Keefe and O'Leary were recorded as voting in the negative. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. (#453) - (#318) MAYOR'S VETO OF AN ORDINANCE RELATIVE TO ADMNISTRATION, MEETING AND PUBLIC EVENT NOTIFICATION The matter of the Mayor's Veto of an Ordinance relative to Administration, Meeting and Public Even Notification, was then taken up. The Veto was overridden by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, Pelletier, Sargent, Sosnowski, Veno and O'Leary were recorded as voting in the affirmative. Councillor O'Keefe was recorded as voting in the negative. On the motion of Councillor Harvey, the meeting adjourned at 9.45 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK