Loading...
MINUTES - Regular - 7/12/2007 224 CITY OF SALEM J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, July 12, 2007 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on July 5, 2007 at 5.54 P.M. All Councillors were present. Council President Matthew Veno presided. Councillor Sosnowski 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. #533 — (#518) — HEARING VERIZON AND MASS. ELECTRIC POLE ON MASON STREET A hearing was held on the order of Verizon and Massachusetts Electric to place one jointly owned pole on Mason Street. Appearing in favor was Mr. Mclnerny of Verizon, 459 Main Street, Saugus, MA. There was no one recorded as opposed. Councillor Prevey moved that the hearing be closed. Councillor Prevey moved that the request be granted. It was so voted. #534 — (#519) — HEARING VERIZON AND MASS. ELECTRIC POLE ON VICTORY ROAD A hearing was held on the order of Verizon and Massachusetts Electric to place one jointly owned pole on Victory Road. Appearing in favor was Mr. Mclnerny of Verizon, 459 Main Street, Saugus, MA. There was no one recorded as opposed. Councillor Corchado moved that the hearing be closed. Councillor Corchado moved that the request be granted. It was so voted. CITY OF SALEM 225 J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL #466) —APPT. BONNIE BELAIR TO ZONING BOARD OF APPEALS Held from the last meeting of June 28, 2007 the Mayor's appointment of Bonnie Belair to serve as a member of the Zoning Board of Appeals for a term to expire June 1, 2010, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Corchado requested and received unanimous consent to suspend the rules to allow Ms. Belair to speak. #535 —APPT. JOHN GALARIS TO PLUMMER HOME FOR BOYS BOARD OF TRUSTEES Mayor's appointment of John Galaris to serve as a member of the Plummer Home for Boys Board of Trustees for a term to expire July 1, 2012, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. Galaris to speak. #536- REAPPT. CONSTABLE The Mayor's reappointment of Daniel V. Stanwood, Jr. 32 Lynde St., Salem to serve as a constable for a term to expire July 13, 2010, was received and filed. #537 — (#345) - CORRECTION OF TERM FOR CHRIS BURKE TO PARK & RECREATION COMMISSION Mayor submitting correction of term of expiration for the appointment of Chris Burke to the Park & Recreation Commission from May 1, 2010 to May 1, 2012, was received and filed. #538 —APPR. TO STABILIZATION FUND The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Eighty-six Thousand, Ninety-eight Dollars and Fifty-nine Cents ($86,098.59) is hereby appropriated from the "Fund Balance Reserved for Appropriation — Free Cash" account to the Stabilization Fund in accordance with the recommendation of Her Honor the Mayor. 226 CITY OF SALEM J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL #539 — TRANSFER TO CONTRIBUTORY RETIREMENT ACCOUNT The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Forty-four Thousand, Nine Hundred and Fifty-seven Dollars ($44,957.00) is hereby transferred from the accounts listed below to "Contributory Retirement" account in accordance with the recommendation of Her Honor the Mayor. Non-contributory Retirement $33,075.00 Municipal Insurance $9,882.00 $44,957.00 #540 — TRANSFER TO MEDICARE The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Three Thousand, Three Hundred and Three Dollars ($3,303.00) is hereby transferred from the "NSRS Assessment" account to "Medicare" account in accordance with the recommendation of Her Honor the Mayor. #541 - TRANSFER TO ELECTRICAL - OVERTIME The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Thousand, Five Hundred and Twelve Dollars and Fourteen Cents ($1,512.14) is hereby transferred from the "Electrical Maintenance Traffic Signal" account to the "Electrical Overtime" account in accordance with the recommendation of Her Honor the Mayor. CITY OF SALEM 227 J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL #542 - TRANSFER TO WORKERS COMPENSATION — FULL TIME SALARY The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Eight Hundred Sixty-one Dollars and Fifty-eight Cents ($861.58) is hereby transferred from the "Unemployment Compensation" account to the "Worker's Compensation Full Time Salary" account in accordance with the recommendation of Her Honor the Mayor. #543 - TRANSFER TO LICENSING — FULL TIME SALARY The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Hundred Ninety-nine Dollars and Sixteen Cents ($199.16) is hereby transferred from the "Licensing Printing/Binding" account to the "Licensing Full Time Salary" account in accordance with the recommendation of Her Honor the Mayor. #544 — ORDINANCE AMENDING WATER AND SEWER RATES AND CHARGES — CROSS CONNECTION CHARGES The following Ordinance amendment, recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs. In the year two thousand and seven An Ordinance to amend an Ordinance relative to Cross Connection Charges. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 46, Article II Water and Sewer, Division 2, Rates and Charges is hereby amended by deleting Section 46-76 Cross Connect Charges in its entirety and inserting in place thereof the following new section: Section 46-76 Cross Connect Charges Cross connection devices are to be installed in commercial and industrial properties where a possible connection between the non potable water supplies or high risk or toxic situations and a potable water distribution supply exists. The cross connection devices shall be 228 CITY OF SALEM J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL inspected either annually or semiannually as set forth below and the following fees shall be assessed to the owner's water account: Commercial Fire Supply $100 per annual inspection Drinking Water $100 per semi-annual inspection Irrigation Reduced Pressure Zone $100 per semi-annual inspection Residential Fire Supply $100 per annual inspection Drinking Supply $65 per semi-annual inspection Irrigation Reduced Pressure Zone $65 per annual inspection Seasonal Irrigation $20 per annual inspection Any re-test due to device failure shall be assessed a fee of one-half the original test fee. Section 2. This Ordinance shall take effect as provided by City Charter. #545 — MAYOR REQUEST FOR EXECUTIVE SESSION Councillor Sargent recused himself and left the chamber. The following letter from the Mayor requesting to go into Executive Session regarding the status of Dominion and the Power Plant tax agreement, was received after the deadline of Tuesday noon. Councillor Prevey moved suspension of the rules to bring the matter before the City Council. It was so voted. Councillor Prevey 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, was adopted by roll call vote of 10 Yeas, 0 Nays, 1 Absent. Councillors Sosnowski, Prevey, Pelletier, O'Leary, O'Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Sargent was recorded as absent. CITY OF SALEM 229 J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL #546 — RESOLUTION — RETIREMENT OF COUNCILLOR LEONARD F. O'LEARY Councillor Veno introduced the following Resolution, which was adopted by roll call vote of 10 yeas, 0 nays, 0 absent, 1 present. 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 present. RESOLUTION: In the City Council, In the City of Salem, July 12, 2007 WHEREAS: Leonard F. O'Leary is retiring after 24 years of unparalleled service and dedication to the citizens of the City of Salem, representing Ward 4 on the Salem City Council; and WHEREAS: Councillor O'Leary is among the longest serving Councillors in the City history, held the post of President of the City Council a record four times, and chaired every City Council Committee; and WHEREAS: Councillor O'Leary has set the standard for being an effective Ward Councillor, fighting vigorously for his constituents before various city boards and commissions, and effectively representing the interests of neighborhoods, and WHEREAS: Councillor O'Leary's wisdom and leadership will be sorely missed on the City Council, where he has never failed to stand up for "the little guy," the ordinary citizen who is sometimes forgotten in grand schemes and the long term view, and where he has been a tireless and passionate advocate for veterans, firefighters and the elderly, and WHEREAS: Councillor O'Leary has left an indelible mark on the City he so loves, and future generations of Salem owe him a enormous debt of gratitude for helping make this City a great place to live, work and raise a family, and WHEREAS: Councillor O'Leary is held in the highest esteem by the many City Councillors and Mayors with whom he has served, who universally express warm regards, admiration and respect for him as a person of character and high integrity, and WHEREAS: Councillor O'Leary has been quietly but faithfully supported in this extraordinary record of service by his dedicated wife Mary, who has been as actively engaged in city issues as her husband, and attended countless Council meetings, BE IT THEREFORE RESOLVED that the City Council of the City of Salem extends our warmest regards and heartfelt thanks to Leonard and Mary O'Leary for their countless contributions to the City, and pass on the blessings of the Citizens of Salem to our dear friends in retirement. 230 CITY OF SALEM J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL Councillor Veno presented Councillor O'Leary with a framed copy of the signed Resolution. Councillor Veno requested and received unanimous consent to suspend the rules to allow Mr. Simino to present Councillor O'Leary with a medal and Resolution. #547 — GETTING CARS OFF OF THE MAJOR ENTRANCE CORRIDORS Councillor Furey introduce the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development meet to discuss with the City Planner, Mayor's Office, Traffic Division of the Police Department, and the Chamber of Commerce how to creatively consider getting cars off of our major entrance corridors by investigating leasing, renting, sharing, purchasing space to get cars off the main corridors and maybe reconfigure lanes on the main corridors. #548 — IMPLEMENT A POOCH PASS PROGRAM Councillor Sosnowski introduce the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the implementation of a "Pooch Pass Program" for Leslie's Retreat Park. And that the following be invited: Animal Control Officer Don Famico, Doug Bollen, members of the Dog Park Committee and the City Solicitor. #549 — BLOCK PARTY BEACHMONT ROAD Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the enclosed Block Party Permit for Beachmont Road be approved. Beachmont Road, Saturday, August 4, 2007, 3.00 PM to 6.00 PM. CITY OF SALEM 231 J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL #550 — BLOCK PARTY CRESENT DRIVE AND WITCHCRAFT ROAD Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the enclosed Block Party Permit for Crescent Drive and Witchcraft Road be approved. Crescent Drive and Witchcraft Road, Saturday, August 18, 2007, 9.00 A.M. to 11.00 P.M. (rain date Sunday, August 19, 2007) #551 — ORDINANCE, TRAFFIC, SEC. 49, STOP SIGN BRADLEY ROAD Councillor O'Keefe 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, Stop Sign Be it ordained by the City Council of the City of Salem, as follows: Section 1. Bradley Road at the intersection with Sumner Road, "Stop Sign" Section 2. This Ordinance shall take effect as provided by City Charter. #552 — (#257 — 517) -ZONING AMENDMENT FOR CLARK AVENUE 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 unanimous roll call vote of 11 yeas, 0 nays, 0 absent. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an amendment of Zoning Ordinance to rezone six parcels on Clark Avenue from Industrial to Residential (R-1) has considered said matter and would recommend that the zoning ordinance amendment be adopted for first passage. Councillor Pelletier moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. 232 CITY OF SALEM J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL #553 — (#523 — 527) - 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 Amanda Brown, 7 Curtis St., Salem Joan Pagliuca, 31 Winthrop St., Dedham TAG DAY German American Exchange Program, July 14, 2007 & November 17, 2007 TAXI OPERATORS Pedro Neves, 54 Tremont St., Salem John Gaff, 121 Marianne St., Lynn Steven Clocher, 8 Seymour Ave., Lynn Alan Jackman, 109 Loring Ave., Salem VEHICLE FOR HIRE Witch City Rickshaw, 63 Jefferson Ave., Salem (Pedicab) (OPERATORS ONLY) Corey James Hodges, 63 Market St., Amesbury Lovell Curtis, 11 Market St., Newburyport Michael Slavin, 36 Sherwood Ave., Danvers Haralambos Nash, 180 Lowell St., Peabody Daniel M. O'Brien, 5A Charles St., Newburyport Derek Deboisbriand, 12 Fairst St., Newburyport Carolyn Purdy, 4 East St. #2, Danvers Mark Morin, 21 Independent St., Newburyport Jacob Hensley, 31 Pierce Rd., Salem Zack Thompson, 95 Lawrence St., Salem Joe Rhodes, 38 Buffum St., Salem David Thomas, 56 Margin St., Salem Steven Fallette, 9 Collins St., Salem Joseph Cannella, 431A Cabot St., Beverly CITY OF SALEM 233 J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL #554 — (#520) — SALEM STATE ROAD RACE AND FUN 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 a road race and fun walk held by Salem State College on Saturday, October 13, 2007 at 9.00 A.M. has considered said matter and would recommend approval. #555 — (#472) — RESOLUTION SUPPORTING CONSTRUCTION OF NEW COURTHOUSE COMPLEX Councillor O'Keefe 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 co-posted with the Committee of the Whole to whom was referred the matter of a Resolution supporting the construction of a new courthouse complex has considered said matter and would recommend adoption of the resolution as presented. Councillor Sosnowski moved to amend the resolution by deleting the fourth paragraph in it's entirety and amend the second to the last paragraph by deleting any reference to the endorsing of the traffic configuration. This motion was defeated by roll call vote of 3 yeas, 8 nays, 0 absent. Councillors Sosnowski, Sargent and O'Leary were recorded as voting in the affirmative. Councillors Prevey, Pelletier, O'Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the negative. Councillor Lovely introduced an amended version of the Resolution which was adopted by roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Prevey, Pelletier, O'Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillors Sosnowski, Sargent and O'Leary were recorded as voting in the negative. Councillor Pelletier moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Be it Hereby Resolved by the City Council of the City of Salem, as follows: 234 CITY OF SALEM J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL WHEREAS, local officials have been working with representatives of the Division of Capital Asset Management (DCAM) and the Administration Office of the Trial Court (AOTC) on the construction of a new Salem court complex for nearly the last decade, and WHEREAS, with the active support and participation of the city officials, in collaboration with our state legislative delegation, over $100 million dollars has been secured in bond funding for construction of a new court complex to be named in honor of former State Representative J. Michael Ruane, and WHEREAS, in order to facilitate construction of the new court complex, there will be a reconfiguration of the ramp system at the intersection of North and Federal Streets, and WHEREAS, DCAM has agreed to set aside funding to assist the City with the implementation of local roadway alternatives in and around the court complex, NOW THEREFORE BE IT RESOLVED by the Council of the City of Salem that the Council endorses and supports the construction of the new court complex, as well as the re- configuration of the ramp system. In addition, be it further resolved that the Council respectfully supports and endorses the formation of a committee consisting of local officials and residents, in conjunction with state traffic consultants, to review and recommend additional roadway configuration alternatives in and around the courthouse project. #556 — (#470) — ORDINANCE AMENDING TREASURER/COLLECTOR Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an Ordinance to amend and ordinance relative to the City Treasurer and City Collector, Chapter 2, Article III, Division 8, has considered said matter and would recommend adoption for second and final passage. Councillor O'Keefe moved that the matter be referred back to the Committee on Ordinances, Licenses and Legal Affairs. It was so voted. CITY OF SALEM 235 J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL #557 — (#435) — CITY WIDE FLOOD CONTROL (CWFC) Councillor Pelletier offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Government Services to whom was referred the matter of City Wide Flood Control (CWFC) has considered said matter and would recommend that the matter remain in committee. #558 — (558A, 20, 218, 253, 254, 255) — COMMUNITY PRESERVATION ACT Councillor Furey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation by roll call vote of 10 yeas, 1 nay, 0 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 voting in the negative. Councillor Furey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee of the Whole to whom was referred the matter of the Community Preservation Act has considered said matter and would recommend that the enclosed Order (#558A), prepared by the City Solicitor, to put the Community Preservation Act on the ballot be adopted. #559 — COMMUNICATION FROM THE BUILDING INSPECTOR REGARDING EXTENDED HOURS FOR CONSTRUCTION AT SALEM STATE COLLEGE Councillor Corchado recused herself from discussion and left the chamber. A communication from Thomas St. Pierre, Director of Inspectional Services, regarding extended hours for construction by O'Connor Construction at Salem State College. Motion to refer the request back to Mr. St. Pierre to enforce the current ordinance was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Leary, O'Keefe, Lovely, Furey, Blair and Veno were recorded as voting in the affirmative. Councillor Corchado was recorded as absent. 236 CITY OF SALEM J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL #560 -#561 — BLOCK PARTIES The following Block Party requests were granted. Foster Street, August 11, 2007, 3-12 AM (rain date August 24, 2007) Moffatt Road, September 15, 2007, 10 AM until 10 PM (rain date September 16, 2007) #562 -#563 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDES Erin Bass, 150 Lafayette St. #3, Salem Thomas Vallor, 15 Becket St., Salem #564 — BOND The following Drainlayer bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. Geosearch, Inc., 20 Authority Dr., Fitchburg (#422) — MAYOR'S VETO OF #362, STOP SIGN ON FRANKLIN STREET, TRIAL PERIOD The matter of the Mayor's Veto of an Order#362 for a Stop Sign on Franklin Street at Hayward Street trial period of sixty days, was then taken up. The matter was referred to the Committee on Government Services and co-posted with the Committee of the Whole. #473 - BOND ORDER The matter of second and final passage for a Bond Order to appropriate $4,956,254.00 for additional costs to the Salem High School Project, was then taken up. The bond order was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. CITY OF SALEM 237 J U LY 12, 2007 REGULAR MEETING OF THE CITY COUNCIL Councillor Prevey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. (#424A) — ORDINANCE AMENDING TRAFFIC, SEC. 17A, OVERTIME PARKING METER The matter of second and final passage of an Ordinance amending Traffic, Section 17A, Overtime Parking Meters, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Leary the meeting adjourned at 10.50 P.M.