MINUTES - Regular - 10/11/2007 266 CITY OF SALEM
OCTOBER 11, 2007
REGULAR MEETING OF THE CITY COUNCIL
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.
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REGULAR MEETING OF THE CITY COUNCIL
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
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REGULAR MEETING OF THE CITY COUNCIL
#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.
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#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.
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#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.
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#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
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REGULAR MEETING OF THE CITY COUNCIL
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.
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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.
274 CITY OF SALEM
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REGULAR MEETING OF THE CITY COUNCIL
#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
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#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