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SALEM CITY RECORDS 1977-1978 VOL 65 s t VOLUME 65 1977 - 1978 ti I I k F r �I I ..,� A 4 GENERAL LAWS ACCEPTED BY THE CITY OF SALEM Acts of 1978, Chapter 586, Unpaid sewer Use-Tax Lien 497 ADVERTISING-POLICY 290 AIR PUMPS 506, 557 ALCOHOLIC BEVERAGES - FINES 455, 498 AMBULANCE SERVICE Resolution 145 Garage - Appropriation 214 ANIMAL CONTROL COMMISSION Appointments 342 ANNUAL REPORTS Departments submit to Council before Dec. 31. 370 ANNUITIES & PENSIONS Annual Appropriation 120, 466 Appropriation 490 APPEAL, BOARD OF Annual Appropriation 51, 120, 466 Appointments Douglas Hopper 448, 214 William Abbott 214 Arthur Labrecque 138 James Boulger 214 Robert Dionne 490, 502 John Nutting 567 g Joseph Piemonte 654 Review Sign Ordinance 632 APPROPRIATIONS Annual Appropriations, Budget 120, 421, 466, 500 Annuities & Pensions 27, 120, 150, 466, 490 Baker's Island 83, 215, 467 Band Concert 215, 233, 630, 646 Beverly Salem Water Line 265, 291 Board of Appeals 51, 121, 466 Bond Orders 567, 612, 628, 640, 648, 664 Cemetery Department 35, 55, 90, 120, 145, 189, 190 257, 270, 325, 352, 368, 377, 428 440, 446, 464, 467, 513, 568, 579 589, 656 Central Motors 121, 450, 468, 567, 612, 628, 648 655, 656, 667 Chapter 90 & 91 (see Street Department) Christmas Decorations 121, 468 Church Street Building 568, 587 City Assessors 120, 239, 251, 466 City Auditor 120, 467 City Clerk 91, 121, 358, 418, 468, 506 City Collector 121, 190, 469 City Council 97, 121, 378, 428, 468 City Hall Annex 121, 357, 370, 375, 376, 429, 439 462, 469 City Treasurer 51, 62, 132, 368, 485 Civil Defense 121, 469 Civil Service Clerk 122 Cliff Street Sewerage 265 Collins Cove City Scale 274 Columbus Avenue Sewer Account 585, 611 Community Services 122, 470 Conservation Commission 122, 470 Constables - Museums 122, 150, 189, 220 Contributory Retirement - (see Annuities & Pensions) Council on Aging 51, 62, 83, 107, 123, 449, 470 North Shore Elder Services, Inc. 160, 215, 216, 239, 257, 274, 293 343, 360, 368, 419, 491, 503, 513 Cultural Arts 123, 470 Data Processing 215, 491, 508 Dog Constable 4, 84, 122, 377, 429, 470, 630 n=` A APPROPRIATIONS (cont'd) Drug Rehabilitation 159, 201, 530, 565 Elections & Registrations 123, 293, 307, 471, 594 Electrical Department 123, 215, 377, 471 ' Employees Insurance 107, 123, 144, 471 Engineers'. 59, 123, 159, 234, 265, 291, 293 417, 418, 430, 444, 449, 450, 464 471, 569, 589, 639 Federal Allocation Account 265, 272 51, 52, 59, 62, 123, 138, 153 Fire Department 154, 228, 274, 357, 472, 491, 594 661 124, 472 Firemen' s Memorial 124, 450, 472, 499 Harbormaster 124, 216, 229, 238, 242, 244, 439 Health Department 449, 472, 617, 639, 660 124, 440, 484 Solid Waste 191 Highland Avenue Overpass land taking 125, 134, 135 , 473 Health Hospital (see Long Term Care Facility) 503, 511 Help for Abused Women & Children 83, 473 Heritage Days 125, 473 Historic Commission 125, 473 Human Rights Commission 125, 473 Independence Day 473 Industrial Development Commission 84, 154, 368 Interest, General Loans 293 Legal Arbitration 91, 125, 474 Legal, Claims 125, 473 Legal Department 368 Legal Opinion & Certification 51, 59, 62, 90, 125, 474 Library 126, 475 Licensing Board 126, 475 Loans , Interest Expense 126, 475, 657 Loans, Redemption of 265 Loans, Redemption of, Interest Expense 90, 127, 138, 139, 281, 299 Market Agent 584, 613 Massachusetts Mayors' Association 127, 310, 320, 476 Mayor 127, 144, 476 Medicare Extension 127, 476 Memorial Day 127, 476 Moth Suppression 127, 476 Municipal Insurance 131, 483 North Shore Regional School Off Street Parking Commission 49, 76, 90, 127, 139, 146, 307 320, 325, 352, 376, 439, 449, 450 462, 477 568, 589 Old Town Hall Boilers 50, 51, 61, 62, 83, 128, 159 Park Department 204, 229, 243, 266, 274, 275, 357 358, 407, 449, 453, 477, 499, 530 568, 579, 587, 650, 657, 665 Personnel Department 51, 61, 129, 293, 325, 352, 418 445, 450, 463, 478, 491, 496, 508 531, 560, 656, 668 449 Pioneer Village 129, 478 Planning Board Planning Department 51, 62, 129, 478, 639, 660 Police Department 49, 76, 84, 106, 130, 145, 214 417, 479, 495, 496, 513, 556, 583 633, 639, 656 Postage 107, 129, 144, 480 Public Property 129, 377, 378, 430, 480, 594, 615 641 Purchasing Department 51, 61, 62, 129, 481 4 Recreation 129, 51190 Reserve Fund 214, 510 a lece Revenue Account Fiscal 1978 shr�n� 8�{�/S`I 84, 154, 481 Salem/Beverly Water Supply Board 131, 293, 481, 567, 590, 594, 610 School Department 627, 655 307 Seven Hodges Court Account 131, 484 Shade Tree 530 Snow Emergency 84 Snow & Ice A APPROPRIATIONS (cont'd) Snow & Ice Removal 330, 338, 341 South Essex Sewerage District Easement 530, 565 1 Street Department 4, 24, 28, 33, 35, 55, 74 80, 84, 90, 131, 154, 215, 307 • 318, 330, 439, 462, 484 Tourist Commission 132, 485 Trust Fund Clerk 132, 485 7 . Unemployment Compensation & Administration 485 I ® Unpaid Bills, Church Street Building 568 Veterans Day 132, 485 Veterans' Organizations 132, 485 Veterans' Services 24, 37, 50, 52, 55, 83, 133 376, 377, 429, 485 Water Department 74, 84, 133, 154, 214, 234, 317 326, 352, 377, 418, 430, 445, 449 486, 531, 568, 589, 639 Workmen's Compensation 52, 74, 133, 150, 164, 293, 417 418, 486, 491 Youth Commission 134, 135, 486 Youth Opportunity Program 84, 154, 486 Xerox 107, 134, 144, 488 ARBELLA DRUM CORPS Practice at Bertram Field 200 ASSESSORS Annual Appropriation 120, 466 Appropriation 239, 251 Revaluation 537 ATTENDANCE RECORDS BOARDS & COMMISSIONS 6, 31, 56, 113, 146, 166, 204 223, 235, 252, 291, 322 AUCTIONEER Applications 64, 78, 87, 262, 332, 372 Licenses 6, 64, 76, 87, 94, 225, 276 430, 446, 522, 580, 591 Special - One Day 7, 63, 87, 96, 205, 362, 613 663 AUDITING SERVICES Charles DiPesa & Co. 224 AUTO TRUCK Application 155 Licenses 164, 445, 458 AWNINGS & CANOPIES Applications Dexter Furriers 463 Robert Maguire 497 Putnam Pantry 580 Licenses 465, 497, 580 S.R.A. Support of alterations by R. Maguire 3-5-7 Central St. 497 P NOW B. h x B.& M. R.R. TRACK - FENCING - BRIDGE ST. 289 BAIT DIGGERS 60, 427 Licenses BAKER'S ISLAND 83, 215, 467 Appropriation 31 Tax Title Land BALLOT QUESTION 230 1 D.P.W, Reorganization J7 i BAND CONCERTS 215, 233, 630, 646 Appropriation BASKETBALL GAME 348 Salem City Council vs. Peabody BEACHES 235 Clean Beach on Beach Avenue BEANO PERMITS 63 Klondike Club BERTRAM FIELD 200 Arbella Drum Corp Practice BEVERLY-SALEM BRIDGE 536 Renaming James M. Shea Bridge" 579 Thank you from Mrs. James M. Shea BICENTENNIAL COMMISSION 6 Final Report BICYCLES 422, 423, 425 Fines 659 Race Around Salem Common BIG BROTHER-BIG SISTER PROGRAM 570 City Match grant awarded by ACTION 4 BILLIARDS 523, 557 Transfer of License ' BLOCK PARTY 559 Buffum Street Circle Hill Road 164 509 Eden Street 509 Puritan Road 164 Sable Road BOARD OF CONTROL 92, 113 Deletion 153, 154, 359 Hawkers & Peddlers BOARDING & ROOMING HOUSES 542 581 Certificate of Fitness Ordinance 651 Public Hearing BOATS AND WATERWAYS Mooring Fees 451, 489, 519, 560, 644, 664 s Port Service Fees 451, 489, 519, 535, 560, 582 �l BOND ORDERS J!� Central Motor New Equipment 567, 612, 628, 648 1 Phase III Sewer Project 640, 664 BONDS, PUBLIC OFFICIALS 88, 314, 663 City Clerk City Collector y 'P +4 GO �'� 64, 409 City Treasurer 88, 409 BOWLING ALLEY License 205, 220, 445, 458 7 B. BUDGET, ANNUAL Adopted 120, 127, 135, 500 Corrected Total 141, 143 Meetings 29 Rules & Regulations 407 Submitted by Mayor 85, 421 BUILDING INSPECTOR-SEE PUBLIC PROPERTY BUILDING MOVING ` Bond-Charter & Liberty 64 Charter & Liberty Streets 63 31-33 Front St. to Derby & Central Wharves 167 i f C. CABLE T.V. - SEE TELEVISION CARD READING 301, 445 Applications 1 Licenses 53, 458 CAREY, WILLIAM, 535 Letter of Commendation CEMETERY COMMISSION 83, 316, 334 �) Appointments CEMETERY DEPARTMENT 120, 467, 488 Annual Appropriation Appropriations 35, 55, 90, 145, 189, 190, 257 257, 270, 325, 352, 368, 377, 428 513, 568, 579, 589, 656 Transfer 440, 446, 464, 531 CENTRAL MOTORS 121, 468 Annual Appropriation Approprtations 450, 567, 612, 628, 648, 655, 656 667 Proper Licensing of employees driving vehicles 298 Supt. Cent. Motor-D.P.W.-Marshal inves. smaller 669 police cruisers C.E.T.A. 200 Evaluation 294 Lease Old Salem High School CHARTER STUDY COMMITTEE 337, 355 Report 217 Review 252 Y Public Hearing CHRISTMAS DECORATIONS 121, 468 Annual Appropriation CITY AUDITOR 120, 467 Annual Appropriation Appointment 23, 316, 333 &: 39 Correction in Salary Ordinance 219 Compile list of vendors 535 Set Up Account for Port Service Fee ORDINANCE - Payment of bills 191, 226 j CITY CLERK 121, 468 i Annual Appropriation Appropriations 91, 358, 418, 506 270 Accident Forms for City Vehicles Additional room 143, 153 Contact Sec. of State re: Write-In Candidates 517 Distribute to Councillors elect, all agendas, meeting notices, etc. 268 Election results Oct. 4, 1977 Preliminary 252 illiam Carey 535 Letter of commendation to W Public Official Bond 88, 314, 663 Salary 92 Thanking Council for additional room 252 CITY COLLECTOR Annual Appropriation 122, 469 Appropriation 190 Appointment 23, 316, 333 Public Official Bond i Dep"'{,) Cellec{mrs 64 CITY COUNCIL Annual Appropriation 121, 468 91, 378, 428 Appr. & Trans. AMENDMENTS TO RULES & ORDERS OF CITY COUNCIL Sec. 1-A Public Hearing 332, 371 Sec. 16 Members speaking twice 608, 628 Sec. 28-A Suspend 56 Hour deadline 312, 323, 371 Sec. 32 Appropriations referred to Council Committees 608 Sec. 32-B Sale of Real Property 76, 111, 201, 211 Sec. 32-C Application for Federal or State Funds 284, 301 Sec. 32-D Ordinances stand ref, to Committee 312, 323, 371 ti C. CITY COUNCIL CONT. AD-HOC COMMITTEES Problems of Spanish speaking residents 454 Ward Seven Traffic Study Committee-Sticker Parking 493, 612 MBTA Committee - elimination of Bus Routes 632 Illegal Rooming Houses - Cert, of Fitness 542 SPECIAL COMMITTEES Charter Study Committee - Report 337, 355 Study Withdrawal of Civil Service 504, 635 Realignment 5, 402, 508, 558, 579, 626, 631, 632 VETO: REALIGNEMENT 640, 664 Committee of the Whole School Dept. deficit 619 Traffic Study - Downtown Area 538 Basketball Game, Salem vs. Peabody City Council 348, 407 City Documents 2, 305 Clerk dist. to all Councillors Elect agendas, etc. 268 Counsel to City Council 404, 442, 443, 444, 541 Election of President 2, 305 Electronic Voting System, Study of 289 Emergency Meeting, Recreation Building Boiler 615 Executive Session-Security Personnel & Real Property 518, 524 Finance Committee evaluate dept, budgets 624 Hearing - John Condon, City Electrician, upgrading 204 Housing Court - Resolution 86 Inauguration - Discontinue Mid-Term 658 Organizational Meeting 2, 305 Pocket Manuals 2, 305 Realignment 5, 402, 508, 558, 579, 626, 631, 632 VETO: REALIGNEMENT 640, 664 Refer unfinished business to new council 298, 658 Unpaid Salaries 428 RESCHEDULING MEETINGS Summer meetings 152, 426 November 24, 1977 meeting 258 November 23, 1978 meeting 619, 638 Cancel December 28, 1978 meeting 642 Rent Grievance Board 288 Room at City Hall (Auditor's former office) 142, 153 Salary Increase-City Council 311 Special Municipal Employees Peter DiGangi 657 James T. Ronan 343 Term of Office-Mayor and Council 75 ` Winter Off Street Parking Ban, Study of 659 INVITATIONS American Legion - Pearl Harbor Mass 647 C.B. Witches Coffee Break 224, 559 Charter Study Committee Public Hearing 252 D.P.W. Meet re: Salem Peabody Connector Road 641 Essex County Commissioners, dedication of New Court House 275 Firemen's Relief Association, Memorial Sunday 113, 462 Heritage Days Parade 509 Kennel, View Dog Kennel 590 Salem Veterans' Council Veterans Day observances 146, 262, 430, 580 V.F.W. Jail Day 224 V.F.W. Patriotic Night 87 i V.F.W. Pearl Harbor Mass 647 PUBLIC HEARINGS Building Permits, Moratorium 47 Certificate of Fitness 651 Citizens address Council 149, 279, 280, 435, 653 Housing Review Board 365 Joint with Planning Board re: Pickman Park 248 Mooring Fees 489 Occupancy Permit 641, 651 Pickman Park 74 Realignment 512 Zoning Chapter 808 46 Zoning Joint with Planning Board re: Ward One 89 lu I C. CITY DEPARTMENTS - See department CITY_ EMPLOYEES LOYEES 7 Salary Ordinance effective July 1, 1976 14 Salary Ordinance effective January 1, 1977 ! Amendments to Salary Ordinance eff. July 1, 1976 27, 39, 41 Amendments to Salary Ordinance eff. January 1, 1977 28, 39, 41 Salary Ordinance effective, July 1, 1977 85, 147, 156 Salary Ordinance effective January 1, 1978 85, 148, 157, 167 Amendments to Salary Ordinance eff. January 1, 1978 326, 361, 373 Special Municipal Employees o 657 Peter C. DiGangi 505, 537 Philip Moran James T. Ronan 343, 361 Proper Licenses City Employees driving vehicles 298 Vacation Pay (Advance) 259, 27l City Owned Equipment - Jurisdiction of 370 CITY HALL ANNEX 121, 469 Annual Appropriation Appropriations 357, 370, 375, 376, 429, 439, 462 Relocation of City Departments 419, 575, 592 CITY SOLICITOR Prepare Ordinances 251 Revolving Sewer & Water Accounts 612 Sticker Parking Salem State College Area 92 City Clerk's Salary 217 City Charter Review s � 574 Investigate License "Reliance Guns & Ammo" Investigate Snow & Ice Removal 318 Plummer Home Title 538 OPINIONS REQUESTED Appropriation Engineer's Dwelling 319 400 Licensing Board - Voting Prospect Avenue-Status of 312 426 Workmens' Comp. Agent-Salary OPINIONS RECEIVED 445 Licensing Board - Voting ASSISTANT CITY SOLICITOR 273 Selling of Howard Street Property CITY TREASURER Annual Appropriation 132, 485 Appropriations 51, 62, 368 Appointment 23, 316, 333 Public Official Bond 88, 409 Authorize to Borrow-Fiscal year July 1, 1977 140, 450 Authorize to Borrow Phase III Sewer 535, 565 Authorize to Bond Central Motors New Equipment 567, 612, 628, 648 640, 664 r Phase III Sewer Project Moving Treasurer's Dept. to One Salem Green 419, 592 CITY VEHICLES Accident forms 270 Jurisdiction of 370 CIVIL DEFENSE Annual Appropria ti on 121, 469 Appt. John Smedile as Rep. Federal Disaster Aid Fund 343 CIVIL SERVICE Establish special commission 504 Exempt Director of Buildings and Grounds-Salem School Dept. 96, 146 Ordinance withdrawing Salem from Civil Service 504, 635 CIVIL SERVICE CLERK (also see U.S. Civil Service) Annual Appropriation 122 �.1 C. CLAIMS Ordinance to amend 331, 351, 362 Abcunas, Julius 559 j Abramowitz, Tillie 40 Addison, Frank 408 Alpuerto, Abel 663 Armstrong, Robert F. Jr. 40 Arsenault, Candis 354 Baker, Paul 613A Barefield, Alfred 362 withdrawal 462 Barrett, Nora 509 Barrett, Theresa A. 113 Barton Realty Trust 362 Bates, Francis 354 Bates, Mary 96 Beatrice, Michael 663 "Belanger, Marguerite 497 Belanger, Paulette L. 663 Belanger, Roland J. 32 Bernier, Edward J. 446 Birarelli, Edith 204 Bordonaro, Salvatore 409 Breckenridge, Leon 580 Browne, Patricia 509 Bryson, John J. 78 Burke, Isabel 409 s Butman, Pauline 96, 332 Buttner, William 40 Carlin, E. Donald 263 Carpenter, Kenneth G. 88 Chalupowski, Chester J. 57 Chapman, Mark H. 509 Chase, Janet 78 Christopher Columbus Society 372 Claveau, Joseph 301 Colbert, Dennie M. 166 Coleman, Tyrone P. 88 Colon, Benito 40 Connor, Dennis 372 Cook, Robert G. 372 Copeland, Marjorie 580 Coughlin, James F. 78 225 Croft, Irene 591 Croteau, Richard R. 57 Curwen, Bertram J. 88 i D'Ambrosio, John 332 D'Amour, Phyllis 580 Dansreau, Wilfred 263 Davenport, Robert 559 Demeule, Leo 32 Denucci, Anastacia 580 Deschamps, Raymond R. 57 Dinges, Richard A. 40 Dion, Richard 354 Drake, David 497 Ducillo, Dale 276 Dunn, Linda 253 Dwyer, Patrick 497 Dyer, David Paul 276 Eastman, Roger 409 Eliuk, Diane 354 J Falles, Thomas 225 Flagg, George E. 663 Fleming, Ruth 431 Fiander, Michael E. 155 Fournier, Roland 409 Fournier, Rosemary 431 Fraga, Robert 245 Fredholm, Bruce 96 Gallo, James 613A Garrity, Arthur 362 George, James 354 Giard, Paul A. 78 Gillette, Rita 409 Goodwin, Bert 332 r777 C. CLAIMS 271 Gowell, Forrest W. 372 Greene, Mrs. Kevin 276 Hemingway, Thomas 113, 225 Henault, Seth 291 Henry, Joseph 663 Herrick, Charles P. Jr. 647 Hickey, Pamela 5911 Hicks & Merritt 64 Hincman, C. Joseph 431 1 House of Seven Gables 271 Hubacz, Annette 628 Jeffrey, Marie 225 Jenkins, Gretchen 362 Julien, Bertrand 276 "i Kawczynski, Edward 113 Kehoe, Gertrude 113 Konopka, Jessie 7 Kossowan, William J. 225 Kriesen, Lawrence 559 Kulak, Mrs. Thomas 362 LaBonte, Paul 32 LeBlanc, Mrs. Chester F. 78 LeBlanc, Lillian 409 LeBrun, Paul 7 Ledoux, Robert & Dorothy 88 Lemiesz, Leonard T. 509 Lemieux, Thomas 636 Lerner, A. 663 Levin, Benjamin 225 Little, Gertrude 446 Lojko, John 431 Mahoney, Geraldine 57 N➢ Maguire, Robert M. 509 Makar, Stephen 523 Mallon, Edward J. Jr. 57 Mansfield Beauty Academy 663 Mansfield, Edward S. 40 k Marengi, Arthur 236 I. Marengi, Giriaco 88 Martel, David 253 Mascott, Anne R. 32 McCarthy, Judith 332 McCarthy, Mary 40 McCarrick, Katherine 291 McFarland, Andrew 409 Meaney, Phyllis 253 Mello, George 591 Merrit & Hicks 253 Mezoff, Elaine 113 Milaszewski, Leonard J. 446 Miller, Wallace 409 Moreno, Martha 155 Morin, Anita 7 Morton, Richard 88 C Murphy, Joan B. 78 Murphy, Kathleen L. 236 Muscillo, Francis 591 Muse, Corrine & Robert 245 Naugus Realty Trust 332 Neary, Elizabeth 314 Nelson, Evelyn R. 446 Newth, Lester 40 Nolan, Lena 431 O'Brien, Alice 647 O'Brien, Glenn 362 O'Day, Joseph 225 O'Hara, Irene 372 Ouellette, John 497 Paltinavich, Benjamin 628 Pelletier, Arthur 362 Pelletier, Wilfred 362 Peruffo, Talio 78 Pesgrek, Peter 40 Poitras, R. & M. 3Z Power, James V. C. CLAIMS Prescott, Elizabeth 559 Quinn, Robert J. 663 Rakoc, Eugene, Jr. & Mrs. 362 Raynor, Catherine H. 147 Reed, Kevin 236 Ricci, Philip 409 Rice, Peter Ricker, John David 245 245 Roberts, Mary 409 314 Ropes Mansion 332 Rubin, Basil 155 Ruest, Marie C. 78 Russell, Elaine 291 St. Cyr, Raymond & Ann 409 Savoy, Steven 276 Scahill, Robert 559 Scourtas, Frank 446 Shea, Timothy P. 88 Sieczkowski, Louis & Anne 362 Simard, Dnile 225 Sleijzer, Mary 446 Smaller, Charles 446 Snow, Scott, D. 57 Speliotis, George 40 Stanley, Norm 113 Stevens, Thomas 88 Sugarman, Abraham 463 Taylor, Doris 409 Theriault, Fern 32 Thomas, John S. 663 Thompson, Joan 431 1 Tournas, James G. 78 Tufo, John J. 559 Vaccaro, Mary 559 Venoit, William L. 32 Verrette, Robert A. 78 Vibert, Dorothy 64 Vorena, Kathryn 409 Walsh, Roy T. 509 Weston, Don 204 Willins, Irwin 372 Wilson, Salomea 523 Woodbury, Mark C. 431 Wowk, John 409 Wright, Mary 291 Xindaris, Philip 580 Yates, Mary F. 225 Yeannakopoulos, Theodore 663 Young, N. 409 CLASSIFICATION OF PROPERTY 537, 626 CLINICS t Hard of Hearing 146 COGSWELL SCHOOL Mayor designate as surplus 574 COLETTI SQUARE Named and dedicated 92 COLUMBUS AVENUE SEWER ACCOUNT Appropriation 585, 611 t Veto 618 l: Disconnect catch basin 493 COLUMBUS DAY Park Dept. raise Italian Flag at Riley Plaza 584 7 14 C. COMMUNITY DEVELOPMENT 535, 565 _ Grant Application - Phase III Sewer Project Fencing 289 B & M Railroad Tracks, Bridge St. 289 Salem Common 73 Infiltration - Inflow Study Program Resolutions 25 34 328 349 531, 558 ' 1978 Community Development Funds - Phase II ' 26 Phase III Sewer Project 503, 543, 562 SRA - Closeout Agreement TRAFFIC NEEDS MARLBOROUGH ROAD 291 WASHINGTON SQ. HISTORIC DISTRICT 233 COMMUNITY SERVICES Annual Appropriation 12Q, 470 CONDUITS - SEE POLE LOCATIONS CONSERVATION COMMISSION Annual Appropriation 122, 470 Appointments 82, 342, 490, 502 Transfer of Control 396, 429 Forest River Conservation Area Placing Islands, Rocks, Shoal Areas under control 453, 496 CONSTABLES 5, 28, 36, 74, 85, 91, 109 141, 152, 162, 199, 216, 229, 249 257, 266, 284, 311, 317, 343, 358 369, 397, 398, 419, 441, 492, 505 514, 534, 570, 617, 631, 641, 657 a CONSTABLES BONDED 155, 225, 291, 372, 463, 560, 648 CONSTABLES - ESSEX INSTITUTE 122 Annual Appropriation 122, 151, 189, 220 Appropriations 152, 157, 167 Ordinance to delete position 192, 226 VETO 166 Comm. to reconsider deleting positions CONSTABLES - PEABODY MUSEUM 122 Annual Appropriation 122, 151, 189, 220 Appropriations 152, 157, 167 Ordinance to delete position 192, 226 VETO CONSTITUENT SERVICES - Creation 352, 363 CONSULTANTS 146 Reports of Departments CONTRIBUTORY RETIREMENT SYSTEM 151 Appropriation COUNCIL ON AGING 123, 470 Annual Appropriation 51, 62, 83, 107, 449 Appropriations North Shore Elder Services , Inc. , Appr. 160, 239, 293, 343, 360, 368, 419 491, 503, 513 Transfer 503 Appointment Jon Hardie, Director 618 Appointments Rev. Carlton Talbot 239 Marguerite Martin 239 Raymond Caron 273 Norman Tache 490, 502 Rose A.M. Gallant 490, 502 Jean B. Marquis 617, 630 Alma Pelletier 654 Mrs. Max Kowalski 655 Resolution: Title VII Elderly Meal Program 53 Ordinance Salary Activities Director 534, 576, 592 Z5 C. COUNTY COMMISSIONERS Meeting at City Hall 56, 264 CUE 6 BILLIARD - Transfer of license 523, 557 CULTURAL ARTS COMMISSION Annual Appropriation 123, 470, 351 Appointments 24, 82, 228, 317, 325, 336 Install plaque on bandstand - Common 231 i. COUNCIL ON YOUTH Ordinance establishing 220, 237 Amendments 241, 253 r 1 D. DATA PRYING 215, 491, 508 Appropriations 23, 246, 316, 333 Appointment Ordinance - Assistant Data Processing Coordinator- 140, 242, 243, 246 Computer Systems Analyst 36 Study Capabilities 326, 361 Sperry Rand Contract DEPARTMENT HEADS 290 Advertising Policy 289 Centralized Clerical Supplies 442 i Cease Paying Phone Bills w/ dept. money DEPARTMENTS 624 Finance Committee evaluate budgets DEXTER FURRIERS Awning h Canopies 463, 497 Application 465, 497 License DOG CONSTABLE 122, 470 Annual Appropriation 4, 84, 377, 429, 630 Appropriations 342 Appointment Donald Famico ORDINANCES 35, 57, 151 Restraint of Dogs 152, 186 Increase in fines 584, 613 Upgrading position 5gg 633 634 649 Regulating Ownership of security and guard dogs , 508, 557 Petition to upgrade position 590 Inviting City Council to view dog kennel 27 DOYLE Ambrose - Pension DRAINLAYERS 463, 628, 636 Applications Licenses 76, 94, 147, 155, 225, 236, 430 523, 580, 613, 636, 660 Bonds 147, 263, 560, 581, 613A,628 636 Granese Drainlayer: Supt. of Streets Comm. DRINKING UPON PUBLIC WAY ORDINANCE 455 DRUG REHABILITATION PROGRAM - SEE YOUTH COMMISSION 159, 201, 530, 565 Appropriation i Jt AL 1 x i i 1'7 E. E.P.A. (Environmental Protection Agency) Investigate Closing of South Essex Sewage Plant 584 EASEMENTS a Salem Beverly Water Supply Board - Locust St. , Danvers Salem Beverly, construct way, extension of time 4 - Locust St. , Danvers 314 MASS. Electric Co. Pedestrian Overpass-Highland Ave. 521 ELDERLY CENTER - 5 BROAD STREET Elderly crossing Police study feasibility 270 Elderly Meal Program 53 Elderly Parking only 5 Broad Street 298 ELECTIONS & REGISTRATIONS Annual Appropriation 123, 471 Appropriation 293, 307, 594 Appointment Precinct Officers 140, 534 Ballot Question - D.P.W. Reorganization 230 Ballot Question - Classification of Property 537, 626 Write in/Sticker Voting 517 ELECTION ORDERS City Preliminary 231 Election 259 State Primary 539 State Election 621 ELECTION RESULTS City Preliminary 252 City Election 300 Realignment of Wards & Precincts - See "Realignment" Study of Electronic Voting Machines 289 ELECTRICAL DEPARTMENT Annual Appropriation 123, 471 Appropriations 215, 377 Transfer 52, 62, 378 Appointment 23, 316, 333 Hearing: John Condon 204 Install Lights Mansell Parkway 514 Margin Street 669 Marlborough Road 267 Salem Willows 455 Study feasibility - Signs Elderly Crossing-5 Broad St. 270 Survey Behind Court House-Pedestrian Lights 270 Bradley Rd. & Marion Rd. Fire Alarm Box 370 EMERGENCY ARTERIES 268, 276, 278, 302 EMPLOYEE GROUP INSURANCE Annual Appropriation 123, 471 Appropriation 107, 144 ENGINEERING (See Public Works Dept.) Annual Appropriation 123, 471 Appropriations 59, 159, 229, 265, 291, 272A,293 417, 418, 430, 444, 449, 450, 464 - A 530, 568, 569, 587, 589, 639 Church Street Building Appropriation 568 587 Appointment - Engineer 48, 64 City-owned equipment, - Jurisdiction 370 Skating Rink - Salem Common 632 Doyle, Ambrose - Pension 27 Hydrodredge Contract 240, 252, 514 North River Odor 29, 199, 220, 258, 275M Playgrounds - Ward 3 163 Salary Schedule - Engineer 569, 587, 613A ESSEX COUNTY Commissioners meeting Council Chamber 56, 264 Dedication - New Court House 275 18 E. ESSEX INSTITUTE Annual Appropriation denied 122, 152 Deletion of Constables 122, 152, 226 Fees for admission 252, 253 ESSEX STREET MALL Meeting - Market Area Management Commission 75 Moratorium on Traffic 203 "I i i, . lJ ; FEDERAL SNOW DISASTER FUNDS Appointment John S. Smedile representative 343 FENCING B&M Tracks-Bridge Street 289 Salem Common 289, 344 FIRE DEPARTMENT Annual Appropriation 123, 472 Appropriations 51, 52, 59, 62, 138, 153, 154 License - keliance Guns & Ammo " 228, 274, 357, 491, 594, 661 574 ORDINANCE - Creating Fire District #1 & #2 572, 591 Self Service Gas Stations 241, 242 Snow Removal - Fire Hydrants Identification System 5 Engine #5 Boiler 641 Fire Lanes 498 FIREMEN'S MEMORIAL Annual Appropriation 124, 472 FOREST RIVER PARK Control - Transfer Conservation area 396, 429 Loan Reduction - Swimming Pool 568, 589 Order of Taking 378, 428 Tidal Gates 658 Pool - Debt & Interest Appropriation 357, 407 FORT LEE Install Stone Pillars Entrance 112 Securing Parking Lot 204, 662 FORT PICKERING Secure property 641, 662 Vandalism report 641, 662 FREEMAN ROAD Sewer extension 618, 647 FRONT STREET PROPERTY - PASQUANNA DEVELOPERS 398, 428 Tm.- r "0 M G. 7GARD 608 - Landscaping Mill Hill 408, 417 Union St. 241, 242 ce Air Pumps 506, 557 GENERAL MILLS FUN GROUP, INC. 160, 258, 273 Sale of Municipal Garage GERMAN EXCHANGE STUDENTS 662 Communication thanking Council GRANT APPLICATION 535 Phase III Sewerage GUIDE. PUBLIC 64, 144, 205 Applications 64, 144, 205 Licenses GUN DEALERS - Reliance 574 t i I i 1 , i E zz H. HACKNEY Carriages Operators 94, 408, 427 Stands 408, 427 94, 408, 427 HANDICAPPED, PHYSICALLY Ordinance establishing Council 571, 616, 637 6 Lynn St. , Sign 86 HARBORMASTER Annual Appropriation 124, 472, 499 Appropriation 450 Appt. Assistant Harbormasters 376, 418, 438, 448, 490, 502 Logs 6, 40, 63, 87, 113 Mooring Fees 451, 489, 519, 560, 644, 664 Parking Space, Asst. Harbormaster 144, 165, 204 Port Service Fees 451, 489, 519, 535, 560, 582 r Remon, Francis, monies due 401 HARRINGTON, Michael J. Special Revenue Sharing & Public Works Funds 591 Reasons for not seeking re-election 579 HAWKERS & PEDDLARS ORDINANCE increasing fees 152, 154 Amending fees 359, 373 HEALTH, BOARD OF Appointments 23, 24, 49, 317, 333, 336 438, 448 HEALTH DEPARTMENT Annual Appropriation 124, 472 Appropriations 216, 229, 238, 244, 449, 639 660 Certificate of Fitness-Boarding Houses 542, 581, 641, 651 Employee sick leave 63 Transfers 52, 62, 150, 160, 165, 439, 617 Hearing, clinic 146 Move to One Salem Green 404, 461, 575, 590, 592 Relinquish to Shaughnessy Hospital ' space 619 ORDINANCES Certificate of Fitness 542, 581 Salary - Dentist 156, 157, 240 Salary - Physician 156, 157, 240 Transfer of Solid Waste of D.P.W. 161 SOLID WASTE Annual Appropriation 484 Build Sanitary Waste Station 162 Pick-ups - meeting 199 Residents Use Transfer Station 222, 572 Salem dump - use of 57 Transfer 440 Transfer to D.P.W. 161, 211 HELP FOR ABUSED WOMEN & CHILDREN Appropriation 503, 511 HERITAGE DAYS Appropriation 83, 473 Use of Salem Common 154 HERITAGE PLAZA EAST j Resolution 503, 543 Closeout agreement 503, 543, 562, 570 HERITAGE PLAZA WEST Resolution 628, 634, 661 HERITAGE TRUST- See Pickering Wharf Development HIGHLAND AVENUE PEDESTRIAN OVERPASS Appropriation 191 Land Taking 190 Mayor's support of design 240 Easement to Mass. Electric 521 H. HJBHWAY CHAPTER 90 Appropriation 229 HISTORIC DISTRICT COMMISSION Annual Appropriation 125, 473 Appointments 48, 59, 138, 438, 448 ORDINANCES Amending Composition of Commission 640 Washington Square Historic District 227, 233, 245 HORSE DRAWN STREET CAR TROLLEY License 94, 427 HOUSING AUTHORITY Appointments 34, 317, 325, 335, 351 Agreement - Salem Corporation 72 y HOUSING COURT Resolution 86 r. HOUSING REVIEW BOARD Proposed Act. 344 Establishing Board 458 y} Public Hearing 365 HUMAN RIGHTS COMMISSION Annual Appropriation 125, 473 Appointments 24, 73, 159, 205, 273, 281, 307 317, 323, 336, 583, 594 Ordinance 91, 113, 231, 253 HYDRO-DREDGE Lease, Winter Island 108, 144 i Extension of Lease 514 Solicitor report re: Contract 240, 252 Investigate contract - security 456 23 �, I. INAUGURAL CEREMONIES Discontinue mid-term 658 INDEPENDENCE DAY Annual Appropriation 125, 473 Increase monies to wards 369 INDUSTRIAL DEVELOPMENTCOMMISSION Annual Appropriation 473 � Appointments 82 83 106 INDUSTRIAL DEVELOPMENT FINANCING AUTHORITY Appointment 48 INFLAMMABLES 29 Congress Street - George W. Pickering Co. 166 35 Congress Street - George W. Pickering Co. 189 245-249 Derby St. - Cities Service 204, 213 289 Derby St. - North Shore Petroleum 204, 213, 228 50 Fort Avenue -South Essex Sewerage 252, 257 207 Highland Avenue - Hallman Chevrolet 647, 654 227 Highland Avenue - Q. S. Petroleum, Caldor 6, 23 5 Jefferson Avenue - City of Salem Garage 235, 239, 249 61-63 Jefferson Avenue - J. A. Michaud Enterprises 225, 228 Correction of License 70A Loring Ave, to 277 Canal St.-Sylvania 558 Self Service Gas Station 241, 242 INTEREST GENERAL LOANS Appropriation 84, 154, 368 IRISH DAY FESTIVAL Raise Irish Flag 537 ITALIAN FESTIVAL 560 i t 2� J. 6' JAIL DAYS 224, 559 V.F.W. p JUNIPER COVE PLAYGROUND 457 , 491 Sun Roof {, JUNK DEALER 40, 155, 262, 431, 445 Applications 54, 76, 112, 164, 270, 442, 458 Licenses ', 21, 22, 33, 45, 72, 88, 117 JURORS 148, 226, 237, 253, 254, 271 , 272 292, 315, 324, 326, 363, 364, 374 410, 411, 446, 447, 500, 560, 561 582, 592, 613A 638, 665 JUVENILE & YOUNG ADULT CRIME 220, 221 Ordinance establishing Council a j i i FA II Will 11 j 3 I K. KERNWOOD MARINA - REDUCE PARKING FEE 645 KNIGHTS OF COLUMBUS Tootsie Roll Drive 591 I • I I LT L. LEGAL 125, 473 Annual Appropriation 91 Appropriation Claims 368, 406 Appropriation Legal Opinion & Certification 331, 351, 362 Claims against the City 404, 442, 443, 444, 541 Creation of Counsel to City Council 358 Ordinance Parking 5 Broad Street LIBRARY 125, 474 Annual Appropriation 51, 59, 62, 90 Appropriations 313, 322 00 I Federal Aid North Branch Library 250, 322 Planning survey re: use 251 Trustees refrain from selling LICENSING BOARD 126, 475 Annual Appropriation Appointments 189, 225 Raymond Burnham 342, 356 Thomas Kehoe 438, 448 Richard Savoy 403 Entertainment license 344 Illegal Boarding Houses LOANS 568, 589 Reduction - Forest River Park Swimming Pool 569, 587 Reduction - Long Term Care Facility LOANS Interest Expense 126, 475 Annual Appropriation LOANS Redemption of 126, 475 Annual Appropriation 675 y 9 Transfer LONG TERM CARE FACILITY - See Shaughnessy Hospital i S G Y i Y�. Q n M. MARCH OF DIMES Walk-A-Thon 408 MARKET AGENT Appointment Angela LeBlanc 4, 24 Appointment James Powers 567, 589 Annual Appropriation 127, 476 Appropriations 90, 138, 139, 299, 281 Meeting Essex Street Mall 75 Moratorium Traffic Essex Street Mall 203 /) Old Town Hall - Utilization 204 MARKET AREA MANAGEMENT COMMISSION Appointments 311, 323, 342, 356, 373, 616, 630 Amend Hawkers & Peddlers 153, 154, 359 Meet with Municipal Services 60 Old Town Hall Use of 204 Ordinance - Vesting Powers 92, 113 Raise Irish Flag 537 MARLBOROUGH ROAD Traffic Needs 291 MASS. BAY TRANSPORTATION COMPANY - Proclamation 108 MASSACHUSETTS DEPARTMENT OF PUBLIC WORKS Traffic Lights Cabot St. & Gardner St. 259 Cabot St. & Hancock St. 259 Traffic Control Agreement Lafayette & New Derby St. 595, 631 Traffic Needs Marlborough Rd. 249 Meet with Council re: Connector Road 641 SPEED ZONES Appleton St. 538 Barstow St. 633 Cabot St. 492 Dunlap St. 517 Federal St. 575 Felt St. 539 Lafayette St. 608 Willows Area 492 MASSACHUSETTS ELECTRIC COMPANY Easements Derby Street 166 j Highland Avenue - Pedestrian Overpass 521 I MASTER PLAN - Subcommittees 406 MAYOR Annual Appropriation 127, 476 Appropriation 310, 320, 630, 646 Mass. Mayor's Assoc. Appropriation 584, 613 Advertise Personnel Director's position 426 Appoint Personnel Director 269 Civil Service Job Classification Study 258, 266, 274 Cogswell School - Designate as Surplus Property 574 One Salem Green - meeting 403 Ordinance Salary 163, 262, 314, 315, 321, 350, 362 Petition Salem Willows Construction 245 Public Law 91-606 Funds Willows Pier 400 Regionalizing Public Services 426 School Deficit - questions & answers 610, 619 Sperry Rand Contract - Data Processing 326 Term of Office be extended to four years 75 VETOES Constables Essex Institute & Peabody Museum 192, 226 Personnel Director Screening Committee Ord. 569, 591 MEDICARE EXTENSION Annual Appropriation 127, 476 Appropriation 107, 144 Transfer 378 M. MEMORIAL DAY 127, 476 Annual Appropriation 146 Veterans' Council MICHAUD BUS LINES 147 Bus Routes MILL HILL 608 Garden Club Landscaping l 451, 489, 519, 560, 644, 664 MOORING FEES 0 MORAN, Philip 537 Special Municipal Employee MOTH SUPPRESSION 127, 476 Annual Appropriation MUNICIPAL GARAGE 160, 258, 273 Sale of 161, 251, 273 Purchase of Land - Jefferson Avenue MVNICIPAL INSURANCE 127, 477 Annual Appropriation MUNICIPAL SERVICES COMMITTEE 203 Cliff St. Sewerage 28, 235 Fees - Recreation Programs 244 Provisional Police 28 Snow Crest - Oak St. Parking ' I i et fi 1 T� K a� 7i IF 6� f'' N. NAUMREAG ASSOCIATES Lease Memorial Drive 86, 95 NEW ENGLAND POWER CO. Burning of Coal 94 Help during storm of February 1978 344 Pay Port Service Fee 451, 489, 519, 535, 560, 582 NOISE POLLUTION jOrdinance 113, 147, 163, 186 NORTH EAST PETROLEUM Pay Port Service Fee 451, 489, 519, 535, 560, 582 NORTH RIVER Engineer Investigate Odor 119, 199, 220, 258, 275 Health Agent Report 235 Rehabilitation - Peabody & Beverly 29 NORTH SHORE COMMUNITY ACTION Appointment - Norman Tache Salem's Representative 106 NORTH SHORE COMMUNITY COLLEGE Governor's Communication 408 Resolution 359 NORTH SHORE ELDER SERVICES. INC. Appropriations 215, 216, 239, 257, 274 NORTH SHORE REGIONAL VOCATIONAL SCHOOL ' Annual Appropriation 131, 483 NORTH SHORE TOURS, INC. Petition to operate 430 License 458 Off Street Parking - Picking up & discharge of passengers 521 }i r 0. OAK STREET 271 E Parking Problems OFF STREET PARKING COMMISSION 127, 477 Annual Appropriation 49, 76, 90, 146, 307, 320, 235 Appropriations 352, 376, 439, 449, 450, 462 Appointments 343, 356, 502, 515, 655 221 Budget Line Item Police Traffic 39 Future Needs 204 Harbormaster's space ORDINANCES 407, 557 Building Maintenance Man 29, 107 Parking Survey - Urban Renewal Area 52, 64 Secretary OLD TOWN HALL 568, 589 Appropriation (Boiler) 204 Utilization of Space OMBUDSMAN 308, 320 Ordinance establishing 352 Amending Ordinance 310, 320 Salary Schedule ORDER OF TAKING - SEE REAL ESTATE ORDINANCES - MISCELLANEOUS 506, 557 Air Pumps Service Stations provide 421, 422 Bicycle violation fines, establishing 423 Ticketing for violations re: Bicycle 191, 226 Bilis, Payment of 451, 519, 644, 664 Boats & Waterways, (Mooring Fees) 542, 581 Certificate of Fitness - Board of Health 651 Public Hearing Cert. of Fitness 311 City Council Salary Increase 456, 499 City Council weekly compensation 504, 635 Civil Service withdrawing Salem from 331, 351, 362 Claims against City 152, 156, 157 Constables Museum - delete 192, 226 VETO Constables 571, 616, 637 Council for Physically Handicapped 534, 576, 592 Council on Aging Activities Director Salary 404, 442, 443, 444, 541 Counsel to City Council 140 242 243, 246 Data Processing Computer Systems Analyst & Assistant Department of Public Works 4, 58, 64 Creating D.P.W. 319, 333 Amending D.P.W. 5, 58, 64, 631 Director of Public Services 352, 363 Director of Constituent Services 583, 613 Dog Constable - Upgrading position 35, 37, 151 Dogs, Restraint of 152, 186 Dogs, Increase fines 455, 498 Drinking upon public ways 569, 587, 613 Engineer, Upgrading position 631, 648 Engineer, adding "Director of Public Services" Title 572, 591 Fire District #1 and #2 506, 557 Gas Stations - Provide Air pump 588, 633, 634, 649 Guard Dog, regulation of ownership 571, 616, 637 Handicapped, Physically Council on 152, 154, 359, 373 Hawkers & Peddlers Increase fines 542, 581 Health Department - Certificate of Fitness 156, 157, 240 j Health Department - Physician & Dentist 640 Historic Commission amending composition 344 Housing Advisory Board Establishment 458, 459 Housing Advisory Board amendments 91, 113, 231, 245, 253 Human Rights Commission 92, 113 Market Area Management Commission - Vesting Powers 163, 321, 362 Mayor's Salary Increase 451, 519, 560, 644, 664 Mooring fees ( Boats & Waterways) 113, 147, 186 Noise Pollution 400 507 523 Obstruction to sidewalks by bushes & shrubbery , 407, 557 Off Street Parking Building Maintenance Man 52, 64 Off Street Parking Secretary 308, 320 Ombudsman - Creating position 310, 320 Salary Schedule 352 New Title "Director of Constituent Services" S 0. ORDINANCES - MISCELLANEOUS - (cont'd) Personal Public Property 54 Personnel Department & Duties, Establishment 109, 165, 210 Personnel Director, Mayor advertise position 441, 464, 540 Veto: Personnel Director, Advertise position 569, 591 Council Appt. Personnel Director should Mayor not do so 442, 464 Physical Handicapped, Council, establishing 571, 616, 637 Planning, Asst. Director, est. duties 532, 577, 592, 624, 631, 648 Planning, Asst. Salary Schedule 533, 631, 648 Police Composition 239, 240, 246, 247, 271, 643 1W Police Marshal Title Change 534 Port Service Fee 519, 560, 582 Rezoning Pickman Park 249 Salary Ordinances } City Employees Effective July 1, 1976 7, 27, 39, 41 Effective January 1, 1977 14, 28, 39, 41 Effective July 1, 1977 85, 112, 147, 156 Effective January 1, 1978 85, 112, 148, 157, 167 Amending January 1, 1978 326, 361, 373 i 31 City Engineer 569, 587, 76, 92 5 Council on Aging, Activities Director 534, 5 576, 592 { Planning Director, Assistant 533, 578, 592, 624, 631, 648 Police Traffic Maintenance Sign Painter 201, 223, 236 Shaughnessy Hospital Executive Director 307, 321, 332 Water Superintendent 533, 576, 592 Security Dog, Guard, regulating ownership 588, 633, 634, 649 Security Guard - delete position 156, 157 Sewer Use 165, 205 Amending Sewer Use 281, 302, 440, 496, 509 Shrubbery, Obstruction to sidewalks 400, 507, 523 Sidewalks & Yard Sales 454, 497 Snow on Streets - Fines 5, 32 Snow & Ice Removal 347, 362 Taxi Stand 211 Ticketing, violations Bicycle 423 Transfer Solid Waste from Health to D.P.W. 161, 211 Variances, Abutter Notices 657 Washington Square Historic District 223, 227, 233, 245 Water Department Revision 29, 45 Water Department working foreman 108, 147 Water Superintendent Salary 533, 575, 592 Yard Sales & Sidewalk Sales 454, 497 Youth, Council on 220, 237, 241, 253 Zoning, Pickman Park 249 ORDINANCES. - TRAFFIC SECTION 10 - ONE WAY STREETS Beaver Street 609, 628 Columbus Avenue 143, 156 Dustin Street 199, 226 Flint Street - Delete 573 Hanson Street 219 w' Hanson Street - Repeal 237 Hillside Avenue - delete 28, 40 Lowell Street 199, 226 Sylvan Street 538, 581, 586, 613A Webb Street 288, 302 Webster Street 573, 591 SECTION 10-A - ONE WAY STREETS AT CERTAIN TIMES 658 Establishing new section 659 Williams Street SECTION 11 - BUS STOPS 94, 114 Cdntral Street & Essex Street - Repeal SECTION 12 - TAXI CAB STANDS Washington Square West 572 Washington Street 517, 560 0. ORDINANCES - TRAFFIC (cont'd) SECTION 13 - SERVICE ZONES Bridge Street 59, 78 Canal Street 399, 431 Church Street 516, 560, 574, 592 Congress Street 286, 302, 421, 446 Essex Street 359, 373 Front Street 421, 446 Lafayette Street 493, 510 Mill Street 399, 431 � J ' Washington Street 359, 373, 515, 560 JI' SECTION 13-A - FINES Fines- Fire Lanes 455, 498 SECTION 17-A - FINES Section 74 632, 649 SECTION 22 - DRIVERS FILE Accident Records 539, 581 SECTION 45 - HEAVY COMMERCIAL VEHICLES EXCLUDED ON CERTAIN STREETS Broad Street 230 Dalton Parkway 23 Geneva Street 213, 2366 ' Hathorne Street 669 669 Summer Street 669 Winthrop Street u SECTION 49 - ISOLATED STOP SIGNS r Amending Preamble S. 49 516, 560 Bay View Avenue & Columbus Avenue 141, 156 Broad Street extention 620, 649, 664 Cabot Street & Hancock Street 493, 509 Circle Hill Road & Gallows Hill Road 609, 637 Colby Street & Highland Avenue 609, 637 Crescent Drive & Summit Street 276, 285, 302 Cushing Street & Balcomb Street 518, 581 Linden Street & Holly Street 285, 302 Lussier Street & Atlantic Street 515, 581 Rockdale Avenue & Circle Hill Road 267, 276 'I Waite Street & Pierce Avenue 455, 498, 573, 591 SECTION 50 - TRAFFIC CLEARANCE Amending 401, 431 I � SECTION 51 - 51A - 51B PARKING PROHIBITED OR LIMITED Boston Street 218, 219, 229, 230, 236, 245, 266, 276 Bridge Street 266, 276 Buchanan Road 7 Cambridge Street 515, 560 Canal & Mill Street 399, 431 Derby Street 400, 431 Dow Street 298, 314 Essex Street 620, 637 Flint Street 217, 236 High Street 93, 113 s Jefferson Avenue 620, 637 }� Lafayette Street 642, 663 s3' Loring Avenue 642, 663 Margin Street 619, 637 Marlborough Road 572 456, 499 Monroe Street ' North Street at Franklin Street 330, 355 Oak Street 28, 40, 57, 60, 79 Porter Street 285, 302 Putnam Street 401, 431, 608, 628 Vale Street 94, 113 Walter Street 659 643, 663 Webb Street z , 1 C t � i t 0. ORDINANCES - TRAFFIC (cont'd) SECTION 51-C - EMERGENCY ARTERIES Establishing & Amending 268, 269, 276, 277, 288, 302 a - SECTION 56 - ZONES ESTABLISHED Salem High School Regulations 218, 236 f SECTION 57-A - PARKING TIME LIMITED UNMETERED ZONES Cambridge Street 515, 560 } Essex Street 620, 637 Lafayette Street 642, 663 Margins Street 619, 637 Webb Street 643, 663 SECTION 74 - TOW ZONES Bridge Street 267, 276, 312, 323 t 5 Broad Street Parking Lot 369, 409 . Curtis Street 516, 560 { Federal Street 312, 323 Lafayette Street 642, 663 Loring Avenue 331, 355, 642, 663 North Street 330, 355 a Pacific Street 642, 663 River Street 575, 592 Driveways & Schools 330, 355 Fire Lanes 455, 498 Metered Parking 6, 32 Traffic Clearance 401, 431 ORDINANCES - ZONING (See Zoning Ordinances) i }<t e P. PARK COMMISSION Appointments 48, 138, 273, 371, 6335 45 Kernwood Marina, reduce parking fee Parks, regulations for closing 507 PARK DEPARTMENT Annual Appropriation 128, 477, 488, 499 Appropriations 50, 51, 61, 62, 83, 159, 204 229, 243, 265, 266, 274, 275, 357 358, 407, 449, 453, 530, 568, 579 F 587, 630, 646, 650, 657, 665 Transfers 343, 379 Loan Reduction - Forest River Pool Construction 568, 589 Irish Festival - Raise Irish Flag 537 Juniper Cove Playground - Sunroof 457, 491 Regulations for Closing 507 Trash Receptacles - All Parks 217 Use of Salem Common Essex Institute, Hawthorne Inn, Witch Museum 87 Heritage Days 154 Salem Common Bicycle Race 659 Cote, Paul - candidate for state rep. 522 Fencing 289, 344 Skating Rink 632 Veterans' Memorial Deed 301 Salem Willows Beaches, condition of 147 Closing at 10:00 P.M. 457 Fort Lee - Install Stone Pillars 112, 205 Lights, Installation 455 Pier Repair, under P.L. 91-606 Funds 400, 419 PARKER BROTHERS Purchase land on Howard Street 160, 258, 273 PARKING Future use of parking areas, downtown 29, 39, 58, 93, 108 Harbormaster - Washington St. 144, 165 Parking ban, temporary suspension of 370 PASQUANNA DEVELOPERS - Land on Front St. 398, 428 PASSENGER AUTO Application 76, 95, 322, 372, 408, 580 License 37, 427 Yellow Cab 95, 116 PEABODY MUSEUM Annual Appropriation - Denied 122 Appropriation 220 Deletion of Constables 122, 152, 226 Fees for entry, communication re: 252, 253 Move Building 63 Transfer of Land 216, 513, 610 PEABODY/SALEM CONNECTOR ROAD Committee of one 319 Meet with D.P.W. 641 PEDDLERS Ordinance amending fees 152, 154 PENSIONS Ambrose Doyle 27 Il PERSONNEL BOARD Appointments 24, 502 Hearings John Condon 204 Thomas Burke 224 Mayor's Salary - letter of commendation 262 Personnel Director - Job description 85, 165 Working Foremen's Salaries - review 200 _.� P. PERSONNEL DEPARTMENT Annual Appropriation 129, 478 Appropriations 51, 61, 293, 325, 352, 418, 445 450, 463, 491, 496, 508, 531, 560 656, 668 Transfer 378 Appointment Thomas S. Hogan Personnel Director 417, 446 Mayor advertise position of Personnel Director 426 Appointment Leonard Lewis- Personnel Director 654, 666 Advance Vacation pay 271 Job Description - Personnel Director 85, 145, 165 Committee to Review 426 Mayor submit appointment of Personnel Director 269 Investigate position 62, 145 Ordinance - Advertise position of Personnel Director 441, 540 VETO: 464, 540, 569, 591 Ordinance - Council appoint Personnel Director should Mayor not do so 442, 464 Space at One Salem Green 419 Ordinance - Establishing Dept. & Duties 109, 165, 210 Youth Opportunity Program 53 PETITIONS Cabot & Hancock Sts. , residents re: blinking lights 263 Salem Police endorsing officers 224 Salem Willows residents - re: construction 245 Ward Street residents re: Traffic Speed 224 PHASE II SEWERAGE - Community Development Block Grant 73, 531, 558 I PHASE III - Resolution - Sewer Project 26 Bond Order 640, 664 Sewerage- Community Development Block Grant 535, 565, 664 PHYSICALLY HANDICAPPED ORDINANCE ESTABLISHMENT 571, 616, 637 PICKERING WHARF DEVELOPMENT Putnam Pantry - Awning 580 Rezoning 77, 96, 118 Zdanowicz Brothers Project 89, 2", 322 11 PICKMAN PARK 1 Ordinance rezoning 249, 299 Proposed Construction 74, 78, 87, 248 Delay in Decision 251 PLANNING BOARD Annual Appropriation 129, 478 Transfer 358 Appointments: Donald F. Hunt 138, 156 John H. Brown, Jr. 158 Paul D'Amour 438 Peter DiGangi 368, 376 Richard Lutts 49 Delay in Decision to Rezone 251 Joint Public Hearing w/City Council re: Pickman Park 248 Master Plan - subcommittees 406 Proposed Construction - Pickman Park 74 Request for Delay - Building Moratorium Ordinance 62 PLANNING DEPARTMENT Annual Appropriation 129, 478 Appropriation 51, 62, 639, 660 Appointment - W. Gregory Senko 316, 333 Transfer 274 Alternate Fencing - Salem Common 289 Assistant Planning Director Ordinance 532, 577, 592, 624, 631, 648 ! t Collins Cove - City Scale 274 Communication re: Libraries 322 Draw up Seven Ward Realignment 517 Establishing Code for numbering homes 298 Federal Aid for Libraries 313 Fencing - B&M Railroad Tracks on Bridge St. & Salem Common 289 North River - dredging and rehabilitation 29 Parking Survey 29, 39, 58 Playgrounds (See Recreation Dept.) P. PLANNING DEPARTMENT (cont'd) 220, 632 Review Sign Ordinance 533, 578 Salary Schedule - Asst. Planning Director 250 Survey - North Branch Library for City Use 595, 646 Traffic Control Agreement - Lafayette & New Derby Sts. 291 Traffic Needs on Marlborough Road PLUMMER HOME - Title to Winter Island 538, 618, 635 PLUMMER HOME TRUSTEES 49, 73, 106, 214, 325, 351 Appointments 538 Meet with Solicitor re: Title 205, 220, 442 POCKET BILLIARDS TABLE LICENSE 431 Application 523, 557 Transfer of License POKORSKI. Francis g Sentiments 591 Communication re: Realization and Changing 628 Comparison Schedule 647 Responsibility for Action t POLE LOCATIONS 399 Almeida Street - Warner Cable 155, 158, 203 Boston & Goodhue Streets - Conduits 155, 158 Boston & Rawlins Streets - Conduits 204, 213 Botts Court & Chestnut Street 580, 583 Commercial Street 613, 616 Essex Street 613, 616 Goodhue Street 235, 239, 591, 594 Highland Avenue 521 Highland Avenue Pedestrian Overpass 372, 376 Kernwood Country Club 4 Lafayette Street 106 Marlborough Road at Rockdale 244, 249 Ord Street 155, 158 Outlook Hill Road Conduits 224, 228, 271, 273 Rockdale Avenue 559 South Street 559 Summit Street 399 Warner Cable 87 Webb Street POLE REMOVALS 92 Marlborough Road 78 Mason Street 78 Oak Street POLICE DEPARTMENT 130, 479 Annual Appropriation 49, 76, 84, 106, 145, 214, 417 Appropriations 495, 496, 513, 556, 583, 628, 633 639, 656 4, 450 Transfer 214 Ambulance Garage 145 Ambulance Service 37, 221 Additional Juvenile Officers 570, 660 Big Brother-Big Sister Program - City Match Award Block Parties (Street Closings) 559 Buffum Street 164 Circle Hill Road 164 Sable Road 239, 240, 246, 247, 261, 271, 643 ;, Composition 152 Derby Street - Walking Patrolmen 457 Enforce Closing of Salem Willows at 10:00 P.M. 298 Enforce Numbering of Homes 200 Enforcement of Ordinances 574 Investigate Gun Dealers License Reliance Guns & Ammo" 669 Investigate Smaller Cruisers 163 Motorcycle Noise 524 New Station on Clarke Fuel Property 1 Ordinances271643 Captains & Lieutenants - Change Composition 239 240 246 247, 261, , 534 Changing Name "Marshal" to "Chief" 37 Juvenile Police Officer 223, 236 Traffic Maintenance - Sign Painter .J6 P. POLICE DEPARTMENT (cont'd) Petition Endorsing Officers 224 242 Provisional Police 244 Review Ordinance establish Fines - Bicycle Violations 425 Sick Leave Extension - Thomas O'Shea 146 Sign Painter 223, 236 Police Traffic Budget Line Item 221 Contact D.P.W. re: Lights-Cabot, Gardner & Hancock Sts. 259 Elderly Crossing - 5 Broad Street 270 Erect Signs - Elderly Parking - 5 Broad St. 298 Lights Behind New Court House 270 Opinion re: Solid Crosswalks 403 Parking Ban - Temporary Suspension of 370 Parking Space - Asst. Harbormaster 144 Service Zone - Canal & Washington Sts. - 90 Days 358 Study Re: Two-Way Traffic, - Raymond Avenue 251 Police Vehicles - Appropriation 612 PORT SERVICE FEE New England Power & NE. Petroleum pay each year 451, 489, 519, 535, 560, 582 Ordinance 451, 519, 560, 582 Public Hearing 489 POSTAGE Annual Appropriation 129, 480 Appropriations 107, 144 PRECINCT OFFICERS (See Elections & Registrations ) PROCLAMATION - MASS BAY TRANSIT AUTHORITY 108 PROSPECT AVENUE - Solicitor report status of 312 PUBLIC GUIDE Licenses 144, 205, 322, 353, 408, 430, 442 446, 497, 507, 523, 559, 580 Touring Vehicles - North Shore Tours, Inc. 430 PUBLIC HEARINGS 651 Certificate of Fitness - Ordinance 149 279, 280, 280A,435, 653 Citizens Address - Council ' 74, 78 Construction - Pickman Park 365 Housing Review Board - Establishment of 248 Pickman Park Rezoning 119 Revenue Sharing - Fiscal 1978 Budget 449 Revenue Sharing - Fiscal 1979 Budget 76, 81 Taxi Cabs 412 Warner Cable T.V. - Pole Location and Attachments 227 Washington Square Historic District 46, 47 Zoning Amendments Zoning Enforcement 142, 255, 256, 256A 248 Zoning - Pickman Park PUBLIC C PROPERTY (See Real Estate) 130, 480 Annual Appropriation 377, 378, 430, 594, 615 Appropriations 568, 589, 641 Appropriation - Old Town Hall Boilers 52, 62, 160, 318, 358 Transfers 23, 316, 334, 354 Appointment of Zoning Enforcement Officer 76, 211 Council Rule - Sale of Public Property 319 Engineer's Dwelling in Beverly - Appropriation 289 Fencing - B&M Tracks - Bridge St. 289, 344 Salem Common 574, Investigate License - Reliance Gun & Ammo" 632 Inspector Review Sign Ordinance 86, 95 Lease - Naumkeag Assoc. , Memorial Drive-Girl Scouts 108, 144, 240 Lease - Winter Island - Hydrodredge Corp. 54 Personal Public Property Transfer 95 Public Buildings Set at 65 0 142 Public Hearing re: Zoning Enforcement 161 Purchase of Property for Garage 77 Purchase #6 Brentwood Ave. 78, 87, 154 #26 Cherry Hill Ave. 609 Lot #122-32 Hillside Ave. (Laurent Levesque) 63, 96 Lot #7 Mooney Road 77 p23 Mooney Road P. PUBLIC PROPERTY (cont'd) Sale, 1 of Land 111, 202 Sale of Municipal Garage 160 Sale of R15 Pope Street 163 School Buildings, under care of 261 Superintendent Secure Fort Pickering 641, 662 Prepare Vandalism Report re: Fort Pickering 641, 662 Tax Title Land - Bakers Island 31 PUBLIC WORKS DEPARTMENT Creation 4, 37, 38, 58, 64 10j, 44 Director 4, 38, 58, 64, 316, 334, 354 Amend Appointment of Director 319, 333, 631, 648 Authority To Purchase land on Jefferson Avenue 161 Ballot Question - D.P.W. Reorganization 77, 230 Resolution - Filing for Funds 192 Salary Schedule 5, 58, 64, 631, 648 CEMETERY Annual Appropriation 120, 467, 488 AppropriatLona 35, 55, 90, 145, 189, 190, 257 270, 325, 352, 368, 377, 428, 513 568, 579, 589, 656, Transfer 440, 446, 464, 531 CENTRAL MOTORS Annual Appropriations 121, 468 Appropriations 450, 567, 612, 628, 648, 655, 656, 667 Investigate Smaller Cruisers 669 Licensing of Employees Driving Vehicles 298 ENGINEERING Annual Appropriation 123, 471 Appropriations 59, 159, 229, 265, 291, 272A,293 Appointment - Engineer 48, 64 Church Street Building-Appropriation 568, 587 City-Owned Equipment - Jurisdiction 370 Doyle, Ambrose - Pension 27 Hydrodredge Contract 240, 252, 514 North River Odor 29, 199, 220, 258, 275 Playgrounds-Ward 3 163 Salary Schedule - Engineer 569, 587, 613A Skating Rink - Salem Common 632 SOLID WASTE Annual Appropriation 484 Transfer 440 Pickups - Meeting 199 Salem Dump - Use of Residents 57, 222, 572 Sanitary Waste Station 162 Transfer to D.P.W. 161, 211 STREETS AND SEWERS Annual Appropriation 131, 484 Appropriations 4, 24, 28, 33, 35, 55, 74, 80 84, 154, 215, 307, 318, 330, 338, 341 439, 462 Transfer 139, 153 Federal Street & North Walkway-Laying Out 514, 527, 528, 529 I Klop Alley-Laying Out 109 41 Ash, Rust & Federal Streets - discontinued 514, 525, 526, 527 Cheval Avenue - Flooding 408 Cleaning Beaches 235 Cleaning Sewers 457 Clear Weeds & Brush 223, 230, 241 � . Cliff Street Sewerage 203, 265 Columbus Avenue - Catch Basins 493, 585, 611 Emergency Arteries 268, 276, 279, 302 Freeman Road - Cost Estimate 618, 647 Highland Avenue Overpass 521 � i Highland Avenue Sidewalks 251 Highway Chapter 90 229, 242 Infiltration Inflow Study Program Resolution 73 Marlborough Road - Traffic Needs 249, 291 I Numbering Homes 298 Order of Taking - Sewer System 513, 544, 545, 595 Parking Ban - Temporary Suspension 370 Parking Lot - Salem Willows (MK-1) 217 9 39 , P. STREETS AND SEWERS (cont'd) Phase II Resolution 73, 531, 558 Phase III Resolution 26, 535, 565, 664 Revolving Account 251 Sewer Use 165, 205 Amending Sewer Use 281, 302, 440, 496, 509 Sewer Use Tax Lien, Chapter 586 440, 497 Shrubbery 204, 233, 400, 507, 523 Snow & Ice Appropriations 4, 24, 33, 74, 80, 318, 330, 530 Committee Report - Rule 32 338 Fines, Public Streets 5, 32 Fire Hydrant Identification System 5 Private Contractors 5 Reconsideration of Rule 32 341 Removal from Sidewalks 347, 362 Solicitor Investigate Removal 318 Withdrawal of Objections on Appropriations 28 Valley Street Sidewalks 613, 627 Warren Street Closing 618 Willows Residents - Cove Construction 245 WATER Annual Appropriation 133, 486 Appropriations 74, 84, 154, 214, 236, 317, 326, 352 377, 418, 430, 443, 445, 449, 531, 562 568, 589, 639 Water Break Appropriation 214, 234, 326, 352 Department Revision 29, 30, 45 Pumping Station Appropriation 90 Water Superintendent - Upgrading 533, 576, 592 Working Foreman-Water System Maintenance Craftsman 108, 147 PURCHASING DEPARTMENT Annual Appropriation 130, 481 Appropriations 51, 61, 62 Appointments 23, 316, 333 Locating at One Salem Green 419 PUTNAM PANTRY AWNING 580 REAL ESTATE Cogswell School - Surplus Property 574 Purchase of City Property - Council Rule 76, 211 Recommendations for Sale of City Buildings 201 Sale of Public Lands 111, 200 ' Petitions to Purchase Bakers Island - Peter R. Harrington 31 23 Balcomb Street - V.&C. Machado 235, 299 55-61 Boston Street - Ideal Finishing Co. 224 6 Brentwood Avenue - Joseph S. Shaffaval 77 1)4� 26 Cherry Hill Avenue - Philip Morin 78, 87, 154 I ` Lot #93 Cherry Hill Ave. - 0. Robert Talbot 662 34 Derby Street - Charles Rehal 648, 660 50 Essex Street - Adrien Chouinard 647 Front Street - Pasquanna Developers 398, 428 32 Hillside Avenue - Laurent Levesque 609, 661 Howard St. (Garage) - General Mills Fun Group 160, 258, 273 Off Jefferson Ave. (Smith-Lee) - Salem Municipal Garage 161, 258, 273 Lafayette Place - P & C Cahill 107 23 Mooney Road - Robert M. St. Pierre 7, 63, 78 Old Salem High School - Remis Realty Trust 262 Peabody Museum- Exchange off Charter St. 216, 513, 610 R15 Pope Street - M&B Allen 163, 252, 458, 580, 661 Lot #66 Riverview Street - Ralph Pezzulo 224 EASEMENTS Locust Street - Danvers-Salem-Beverly Water Supply Board 4, 311 Mass. Electric Co. - Derby Street 166 Mass. Electric Co. - Pedestrian Overpass - HighPand Ave. 521 LEASES Naumkeag Associates - Memorial Drive 86, 95 Old Salem High School - Second Floor to CETA 294 Winter Island to Hydrodredge 144 Winter Island Extension of Lease 514 Winter Island Lease for Renovating Richard Henry Dana 617 ORDER OF TAKING Forest River Watershed 378, 428, 429 Highland Avenue Overpass 190 Sewer Systems 513, 544, 545 Amending Sewer Systems 595 REALIGNMENT Balancing Wards 558 Committee Expanded 5, 632 Committee Report 508 Equalizing 626 Petition to General Court 402 Planning Department Proposal 517 Public Hearing 512 7 - Ward Plan 579 Veto: 631, 640, 664 RECREATION COMMISSION Appointments 24, 317, 335 RECREATION DEPARTMENT Annual Appropriation 129, 479 Transfer 108 Fee System for adults 28, 223, 235 City Engineer seek playground for Ward III 163 Tennis Courts - Palmer Cove 285 REDEVELOPMENT AUTHORITY Reappointment - Dominic Marraffa 583 Appointments: Joan Boudreau 343, 356 Roland Pinault 281 Agreement with Salem Corporation 72 Closeout Agreement 503, 543, 562, 570 Heritage Plaza West - Resolution 628, 634, 661 Ordinance-Fire District X61 and #2 572, 591 Parking Survey - Urban Renewal Area 29, 93 REGIONAL SERVICES Mayor meet re: Regionalizing Public Services 426 R. REGISTRARS OF VOTERS Appointment - Emile J. DeVoe 438 Certification of petition Re: D.P.W. & Director of Public Services 77 "RELIANCE GUNS & AMMO" License Investigation 574 RENT GRIEVANCE BOARD Council Establish 288 l RESOLUTIONS AmbulanceService 145 Amending U.S. Constitution S.9 Article I 495, 520 Basketball Game-Salem vs. Peabody 348 Classification Amendment 537, 626 1978 Community Development Funds 25 34, 531 1979 - 80 - 81 Community Development Funds 328, 349 E.P.A - Secondary Treatment 494, 495 Forest River Tidal Gates 658 Heritage Plaza East - S.R.A. Closeout Agreement 503, 543, 570 Heritage Plaza West 628, 634, 661 Housing Court 86 Infiltration Inflow Study Program 73 J. Robert Shaughnessy Hospital 136, 143 Naming Salem-Beverly Bridge "James M. Shea Bridge" 536 New England Power Co. - Burning of Coal 92 North Shore Community College 359, 360 Communication from Governor Re: NSCC 408 Phase II Sewer Improvements 73, 531, 558 Phase III Sewer Project 26, 535 Property Classification 537 Public Works Funds 192 Salem vs. Peabody in Basketball Game 348 South River Project Endorsement 585 l "Sun Day" May 30, 1978 402, 428 Speed Zones: Appleton Street 538 Cabot Street 492 Dunlap Street 517 Federal Street 575 Felt Street 539 Lafayette Street 608 Salem Willows Area 492 -Think Rink Inc. - Distribution of Funds 311, 419 Tidal Gates - Forest River 658 Title VII Elderly Meal Program 53 Thank-You - Garden Club - Mill Hill Landscaping 608 UDAG - Urban Development Action Grant 283, 284 Winter Island Title 618, 633 Youth Coordinator 85 REVALUATION - Classification of Property 537 REVENUE SHARING Appropriation 8`f, 510 Public Hearing - Fiscal 1978 Budget 119 Public Hearing Fiscal 1979 Budget 449 RILEY PLAZA J Fly Polish Flag 92, 421 Fly Italian Flag - Columbus Day 584 ROOMING & BOARDING HOUSES - Certificate of Fitness 542, 581, 641, 651 RULES & ORDERS Sec.1-A Public Hearing 332, 371 Sec.16 Members Speaking Twice 608, 628 Sec.28-A Suspend 56 hour deadline 312, 323, 371 Sec.32 Appropriation referred to Finance 608 Sec.32-B Sale of Real Property 76, 111, 201, 211 Sec.32-C Application for Federal or State Funds 284, 301 Sec.32-D Ordinance stand referred to Committee 312, 323, 371 a Y. b S. a. mss....... SALARY & WAGE SCHEDULES Assistant Planning Director 533; 577, 578, 592, 624, 648 City Employees - effective 7/1/76 7, 41 City Employees - effective 1/1/77 14, 41 City Employees - amended 7/1/76 27, 39 City Employees - amended l/l/77 28, 39, 43 City Employees - Auditor's corrections 7/1/76 - 1/1/77 41 City Employees - effective 7/1/77 85, 112, 147, 167 City Employees - effective 1/1/78 85, 112, 147, 177 City Employees - amended 1/1/78 326, 361, 373 City Engineer 569, 587, 613A,631 Council on Aging - Activities Director 534, 576, 592 Computer Systems Analyst 141 Director of Constituent Services 353 Dog Constable 557, 584, 613A Long Term Care - Executive Director 308, 321, 333 Mayor 163, 262, 314, 350, 363 Ombudsman 310 Off-Street Parking - Building Maintenance Man 407, 557 Physician - Dentist 240 Public Works Dept. - Director 5, 58 Shaughnessy - Job Group 51 60 Traffic Maintenance - Sign Painter 201, 223 Special Municipal Employees: Peter C. DiGangi 657 Philip Moran 505, 537 James T. Ronan 343, 361 Water Superintendent 533, 576, 592 Water - Working Foreman 108, 147, 200 SALEM ACRES Re: Ward 7 Rezoning 74, 78, 87, 248, 251 SALEM - BEVERLY BRIDGE Renaming "James M. Shea Bridge" 536 Thank you from Mrs. Shea 579 SALEM -BEVERLY WATER SUPPLY BOARD Annual Appropriations 481 Appropration 84, 154 Easement - Locust St. , Danvers 4 Extension of Easement - Beverly & Salem 311 SALEM COMMON Bicycle Race 659 Cote, Paul 522 Fencing 3 Skating Rink 632 Use of 87, 154 Veterans Memorial Deed 301 SALEM CORPORATION k Agreement - Housing Authority 72 4j SALEM EVENING NEWS - Advertising Policy 290 � ! r SALEM GARDEN CLUB Resolution Thanking for Mill Hill Landscaping 608 SALEM HISTORIC COMMISSION - Ordinance Proposal 223 SALEM MARINA PROBLEMS 218 8889 SALEM RESTAURANT ASSOCIATION Communication Re: "The Shed" 436 " SALEM STATE COLLEGE Sticker Parking 612 Ordinance - Miscellaneous Streets 642, 663 v. �t R.. .A SALEM WILLOWS I. Appropriation to secure Fort Lee 204 Band Concerts 646 Beaches, condition of 147 Closing at 10:00 P.M' 457 Fort Lee - Stone Pillars 112 Pier Funds 400, 419 Secure Fort Lee 662 Secure Fort Pickering 641 Vapor Lights, Installation 455 SCHOOL DEPARTMENT Annual Appropriation 131, 481 Appropriation 293, 594, 627, 655 Buildings under care of Public Property 261 Communication from Employees re: Parking - 5 Broad St. 369 Deficit Appropriation 567 Committee of Whole meet re: Deficit 619 Committee of Whole Report 610 Finance Committee Report 590 Mayor answer Question re: Deficit 610, 619 Designate Cogswell School "Surplus Property" 574 Director of Buildings - Grounds 96, 146 Lease of Old Salem High School 294 Purchase of Old Salem High School - Remis Realty Trust 262 School Committee - Arbella Drum Corps - Practice at Bertram Field 200 Traffic at High School 93, 218 Ordinance 263 SEAWORMS Applications 56, 225, 372, 408 Licenses 37, 60, 94, 406, 427 SECOND HAND DEALERS Applications 113, 408, 431, 445 Licenses 94, 112, 153, 427, 442, 458 SECONDARY TREATMENT RESOLUTION 494 SHADE TREE & MOTH SUPPRESSION Annual Appropriation 131, 484 Appointments 23, 316, 333 Clear Weeds & Bushes from Streets 230, 241 SHAUGHNESSY HOSPITAL Annual Appropriation 125, 473 Appropriations 134, 135 Transfer 491, 508 Appointment of Trustees 48, 49, 342, 343, 356, 357, 655 Appointment - Joseph Affanato-Executive Director 307, 321 Appointment - Gerald Bellavia - Director of Fiscal Services 281 Appointment - Paul McEwen - Director of Fiscal Services 567 Collection of Bills - Barry Berkal 56, 77, 88 Health Dept. to Relinquish ' Space 619 Long-Term Care Facility Loan Reduction 569, 587 Meeting with State Legislators 143 Positions in Job Groups 51, 60 136, 143 Resolution - Shaughnessy Salary - Executive Director Ordinance 307, 321, 332 SHEA, JAMES M. Communication from Mrs. Shea 579 Naming Salem-Beverly Bridge 536 SIGNS (also see Traffic Signs) Bonds 40, 57, 64, 78, 88, 96, 147 dt 155, 166, 245, 291, 301, 323, 332 354, 362, 409, 431, 463, 509, 581 628, 636, 648 SMITH LEE PROPERTY PURCHASE FOR MUNICIPAL GARAGE 160, 258, 273 SNOW CREST Oak Street Parking 28 T 44 S. SOLICITOR Prepare Ordinance re: Revolving Water & Sewer Accounts 251 Report re: Hydrodredge Contract 240 SOUTH ESSEX SEWERAGE District Assessment Appropriation 530, 565 EPA Investigate Closing of Plant 1 584 Inflammables - 50 Fort Avenue 252, 257 Resolution for Federal Assistance Facilitis; at Willows 162 SOUTH RIVER PROJECT 14 Resolution - Development of Park 585 SPANISH SPEAKING COMMUNITY-COMMITTEE 454 SPECIAL MUNICIPAL EMPLOYEES 343, 537, 657 SPEED ZONES Appleton Street 538 Barstow Street 633 Cabot Street 492 Dunlap Street 517 - Federal Street 575 Felt Street 539 Lafayette Street 608 Willows Area 492 SPERRY-RAND - CONTRACT FOR DATA PROCESSING 326, 361 S.R.A. Closeout Agreement 503, 543, 562 STATE PROCEDURES - Petition For Change 87 STREET DEPARTMENT (See Public Works Department) STREETS (See Public Works Department) i I lull U T. TAG DAYS American Legion #153 (Denied) 235 Arbella Drum Corps 274, 418, 580 Beverly School for Deaf (Denied) 662 Broad Street Playground 205, 522 Cabot Farm Playground 205, 522 Civil Air Patrol (Denied) 509, 523 Collins Cove Playground 522 Common Playground 205522 Curtis Playground , {` 205 Disabled American Vets 225 Easter Seal Society 63 Forest River Playground 205, 522 Gallows Hill Playground 205 High Street Playground 522 Juniper Playground 205 Knights of Columbus-Tootsie Roll Drive 591 Knights of Pythias 63 Lions Club 48 '" Mack Park Playground 205 559 Mansell Playground 205 March of Dimes-Walk-a-Thon 408 McGlew Playground - 205 522 Memorial Park , Palmer's Cove 113, 463 164, 205, 497 i St. James Boy Scout Troop #24 166 VFW Poppy Drive 63, 353 Witchcraft Playground 205, 522 Alternative to Tag Day for Raising Money 586 Use of Tag Days 199 TAXI OPERATORS Applications 7, 32, 40, 87, 96, 155, 166 205, 225, 236, 245, 253, 262, 263 270, 275, 276, 291, 301, 314, 322 332, 362, 372, 408,445, 462, 463 497, 509, 523, 559, 580, 591, 628 636, 647, 663 Licenses 6, 29, 37, 54, 56, 60, 76 94, 112, 153, 164, 201, 220, 232 233, 243, 251, 261, 290, 299, 313 319, 348, 371, 406, 427, 457, 496 507, 518, 519, 557, 575, 586, 609 633, 647, 660 Denial-Yellow Cab 95 5 Public Hearing 76, 81 ' TAXI STANDS Applications 323, 372, 408, 427 Licenses 37 Denial of License - Anthony C. Fiore 556 Communication from Off-Street Parking re: Washington Street 462 Washington Street 517, 560 Washington Square West 572 t TELEPHONES Departments cease paying of home phones 442 Locks at One Salem Green 402 Switchboard-Investigate Possibility of 86 TELEVISION Cable TV Salem 60 Attachments 399, 432, 433 Hearing 412 Warner Cable License 193 Warner Cable Pole Location 399, 431, 433 Warner Cable Special Meetings 433 THINK RINK - Distribution of Funds 311, 419 TIDAL GATES - FOREST RIVER-Resolution 658 t 'N i' h 4K= T. TOURING MOTOR VEHICLES LICENSE 458 TOURIST COMMISSION Annual Appropriation 132, 485 Minutes of Meeting 223 Reports 223, 244 Apointments: Joan Bacall 214 Gordon Erb 90, 94 Joan Gormalley 150 Robert Healey 189, 357 Paula Wall 147 George Walsh TRAFFIC 270 5 Broad Street - Elderly Crossing 632 Chapter 89-Section 8, MGL "Right on Red" 618 Closing Warren Street Court 659 Council Study Off-Street Parking Ban 203 Moratorium - Essex Street Mall Traffic Control Agreement - Lafayette & New Derby Streets 595, 631, 291 Traffic Needs - Marlborough Road 538 Traffic Study Meeting - Committee of the Whole ONE-WAY STREETS - SECTION 10 609, 628 Beaver Street 94, 114 Central, Essex, Higginson Sq. (Repeal) 143, 156 Columbus Avenue to Dustin Street 143, 156 Columbus Avenue to Lowell Street 199, 226 Dustin Street 94, 114 Essex Street (adding) 573 Flint Street (delete) 219, 237 Hanson Street (repeal) 28, 40 Hillside Ave. (delete) 199, 226 Lowell Street 538, 581, 586, 613A Sylvan Street 288, 302 Webb Street 573, 591 Webster Street ONE-WAY STREETS CERTAIN TIMES - SECTION l0A 658 Establish 659 Williams Street BUS STOPS - SECTION 11 94, 114 SERVICE ZONES - SECTION 13 59, 78, 93 Bridge Street 399, 431 Canal & Mill Street 516, 560, 574, 592 Church Street 286, 302, 421, 446 Congress Street 94, 114 Repeal - Essex St. & St. Peter St. 359, 373 Essex & Washington Streets Front Street 421, 446 493, 510 Lafayette Street 57 Oak Street 515, 560 Washington Street FIRE LANES - SECTION 13A 455, 498 Fines FINES - SECTION 17A 632, 649 Add Section 74 DRIVERS FILE - SECTION 22 539, 581 n�ll� r�J h TRAFFIC SIGNS - SECTION 24 94, 114 Insert Municipal Services Committee 267, 276, 285, 302 Crescent Drive at Summit Street 285, 302 Linden Street & Holly Streets 267, 276 Rockdale Ave. at Circle Hill Road 455 Waite Street at Pierce Avenue t � I T. TRAFFIC (cont'd) SIDEWALKS, NO DRIVING ON - SECTION 43 Essex Street Mall 94, 114 HEAVY VEHICLES EXCLUDED - SECTION 45 Broad Street 230 Dalton Parkway 230 , Geneva Street 213, 236 Winthrop, Summer & Hathorne Streets 669 ISOLATED STOP SIGNS - SECTION 49 Amending Preamble 516, 560 Bayview Avenue at Columbus Avenue 141 156 Broad Street Extension 620, 649, 664 Circle Hill Rd. at Gallows Hill Rd. 609, 637 Cabot & Hancock Streets Jute rceP Q�c cD�/�/ - oL 493, 509 Colby Street at Highland Avenue 609, 637 Crescent Drive at Summit Street 267, 276, 285, 302 Cushing Street at Balcomb 518, 581 Linden & Holly Streets 285, 302 Lussier & Atlantic Streets 515, 581 Rockdale Avenue at Circle Hill Road 267, 276 St. Peter Street (Delete) & Add New Liberty Street 94, 115 Waite Street at Pierce Avenue 455, 498, 573, 591 TRAFFIC CLEARANCE - SECTION 50 401, 431 PARKING PROHIBITED ON CERTAIN STREETS - SECTION 51 Boston Street 218, 219, 229, 2300 236, 245 Buchanan Road 7 Dow Street 298, 314 Essex Street Mall 94, 115 Flint Street 217, 236 Higginson Square 94, 115 Jefferson Avenue 620, 637 Lafayette Street 642, 663 Marlborough Road 572 Monroe Street 456, 499 Porter Street 285, 302 Putnam Street 401, 431, 608, 628 :'; Vale Street 94, 113 Walter Street 659 West Avenue 642, 663 NIGHT PARKING - SECTION 51A 7 Suspend Chapter 15, Section 51A Temporarily for Street Cleanup 370 PARKING PROHIBITED AT CERTAIN TIMES ON CERTAIN STREETS - SECTION 51B Boston Street 266, 276 Bridge Street 266, 276 Cambridge Street 515, 560 Canal & Mill Streets 399, 431 Derby Street 400, 431 Essex Street 620, 637 High Street 93, 113 Lafayette Street 642, 663 Loring Avenue (delete) 642, 663 Margin Street 619, 637 North Street (delete) 28 40 57 360, 355 79 Oak Street Putnam Street 401, 431, 608, 628 Webb Street 643, 663 EMERGENCY ARTERIES - SECTION 51C 268, 269, 276, 277 Amended 288, 302 Salem High School Regulations 218 PARKING METERS - SECTION 56 Central Street 94, 115 Essex Street 94, 116 St. Peter Street 94, 116 r i T. TRAFFIC (Cont'd) TOW-AWAY ZONES - SECTION 74 Metered Zones 6, 32 Bridge Street 267, 276 Bridge Street & Federal Street 312, 323 5 Broad Street Parking Lot 172, 358, 369, 409 Curtis Street 516, 560 Essex Street Mall 94, 116 Fire Lanes 230, 245 )ol 498 First Street Lafayette Street 642, 663 Loring Avenue 331, 355, 642, 663 North Street 330, 355 Pacific Street 642, 663 River Street 575, 592 Schools - Driveways 330, 355 Traffic Clearance 401, 431 Washington & Church Streets 231 PARKING & TRAFFIC REGULATIONS ON THE GROUNDS OF SALEM HIGH SCHOOL - SECTION 87 93 PEDESTRIAN LIGHTS Lafayette & Harbor Streets 109 Margin Street 93 B SIGNS Parking - Assistant Harbormaster 144, 165 Congress Street - 15 Minute Parking 200 "Handicapped Person''-'No parking-6 Lynn Street 86 One-Hour Parking - Harbor Street 200 "One-Way Street" - Sylvan Street 586 .,y SPEED ZONES !� Appleton Street 538 Boston Street 633 Cabot Street 492 Dunlap Street 517 Federal Street 575 Felt Street 539 Lafayette Street 608 Willows Area 492 TRIAL PERIODS Holly & Linden Streets - Stop Sign 143 Lafayette & Harbor Streets "No Parking" 85 Northend Avenue "One-Way" 143 Porter & Cherry Streets - "No Parking" 86 Walter Street - Parking Restrictions 457 Williams Street-"No Parking" 3 p.m. to 6 p.m. 162 TRANSFER STATION - TRASH 222, 572 TRUST FUND COMMISSION Appointments: Donald Englehardt 654 Sumner Low Raymond 439 Appropriations 132, 485 �J)I �r U. UNEMPLOYMENT COMPENSATION & ADMINISTRATION Annual Appropriation 485 UNITED STATES CIVIL SERVICE COMMISSION Committee of 'One" Committee Report 275 Communication from Mayor Re: U.S. Civil Service Job Class. Study 266, 274 Mayor appear before Council Re: U.S. Civil Service Job Class. Study 258 Ordinance withdrawing Salem from 504, 635 Study 36 UNITED STATES CONSTITUTION Amending Sec. 9, Article I - Resolution 495, 520 URBAN DEVELOPMENT ACTION GRANT - UDAG Create UDAG Advisory Committee 300 Resolution 283, 284, 300, 407 =Y r1 4t l I r V. V.F.W. Jail Day 224, 559 ` Poppy Drive 353 VANDALISM Reports of Departments 146, 166, 223, 244, 271, 445 559, 579, 627, 636, 662 VETERANS COUNCIL Invitation 146, 262, 430, 580 ' VETERANS DAY Annual Appropriation 132, 485 Veterans Memorial - Salem Common Deed 301 VETERANS ORGANIZATIONS Annual Appropriation 132, 485 Invitations 87 VETERANS SERVICES DEPARTMENT Annual Appropriation 133, 485 Appropriation 24, 37, 50, 52, 55, 83 376, 377, 429 VETO: Columbus Avenue Sewer Account 618 Essex Institute & Peabody Museum Constables 192, 226 Personnel Director Screening Committee - Advertisement Ordinance 569, 591 Realignment of Wards & Precincts 640, 664 ng � Iy7y1 1 � W. WAGON (See Auto Truck) WALK - A- THON - MARCH OF DIMES 408 WARD & PRECINCT REALIGNMENTS 5, 402, 508, 558, 579, 626, 631, 632 Veto: 640, 664 WARD SEVEN (7) TRAFFIC STUDY COMMITTEE TRAFFIC ORDINANCE 642, 663 WARNER CABLE Cable T.V. in Salem 60 Warner Cable License 193 Cable President check validity of license 219 Warner Cable Pole Location 399, 431, 433 Attachments to existing poles 399, 432, 433 Special Meeting 433 Hearing (Public) 412 WASHINGTON SQUARE HISTORIC DISTRICT HEARING 227, 245 Endorsement 225 WATER DEPARTMENT (See .Public Works Department) Department Revision 29, 30, 45 Working Foreman - Water System Maintenance Craftsman 108, 147 Ordinance - Salary Schedule - Water Superintendent Upgrading 533, 576, 592 Water Break - Beverly Bridge 214, 234, 326, 352 WATERWAYS ADVISORY BOARD Appointments 82 439 654 WEIGHERS OF COAL & OTHER COMMODITIES -(Appointment of) 419 WEIGHTS & MEASURES Annual Appropriation 133 486 Appropriation 51, 62 Rates effective 1/1/78 314 WETLANDS & FLOOD HAZARD DISTRICTS (Establishment) 56, 65 WINTER ISLAND Lease to Hydro-Dredge Corporation 108, 144, 240 Extension of Lease 514 Lease - Renovation of Yacht "Richard Henry Dana" 617 Plummer Home Title 538, 635 Resolution - Title to Winter Island 618, 635 WITCHES No Official 93 Official Request 40 63 WORKMEN'S COMPENSATION Annual Appropriation 133 486 Appropriation 52, 74, 150, 164, 417, 418,444, 491 Transfer 139, 140, 368, 440,444, 450 Solicitor Review Salary 426 i X r � X. XEROX Annual Appropriation 134, 488 Appropriation 107, 144 i d Y. YARD SALES Ordinance Amending Sidewalk & Yard Sales 454, 497 YELLOW CAB OF SALEM Council hold Public Hearing Re: Yellow Cab 76, 81 Denial of License 95, 116 YOUTH COMMISSION Annual Appropriation 134, 135, 486 ® Appropriation 84, 154, 530, 565 Application form 95 Appointments: Joseph Collins 438, 448 Michael Geary 438, 448 William Grayden 189 Joaquin Jiminez, Jr. 57 Robert E. Leonard 34 Carol Mulholland 34 Christopher Parker 343, 356 Henry C. Porter 34 Julio Rodriguez 454 Ann Marie Whalen 34 Resolution: Youth Coordinator 85 YOUTH COUNCIL Established 220, 237 Amended 241, 253 YOUTH OPPORTUNITY Annual Appropriation 84, 486 Review Summer Program 53 Z. ZDANOWICZ BROS. - PICKERING WHARF REZONING 89, 278, 322 ZONING ENFORCEMENT OFFICER 23, 316, 334, 354 Appointment Ad-Hoc Committee Re; Enforcement 286, 287, 288 Public Hearing Re: Enforcement 142, 255, 256, 256 ZONING ORDINANCES 6, 46, 56, 86, 97 Chapter 808 6, 46, 56, 86, 100 Cluster Development 286, 287, 288 Committee Re; Enforce Zoning 6, 47, 62 Moratorium on Multi-Family 248, 249, 251, 299 Pickman Park Rezoning 77 89 96, 118 , , , Pickering Property Rezoning to B-5 Derby & Congress Sts. 77, 46, 56 86 87 102 Planned Unit Development (B-2 & R-3) 657 variances - Abutter Notices 233, 245 Washington Square Historic District 6, 46, 56, 65 Wetland & Flood Hazard District 1 lR 14 A 1. CITY GOVEIWEM. . . . . . . . .. . . . ....1977 MAYOR JEAN A. LEVESQUE COUNCILLORS AT LARGE George W. Atkins, III Leonard A. Cawley, Jr. Ronald G. Plante Jean-Marie Rochna WARD COUNCILLORS WARD ONE.. . . . . . . .. . .. . . ..George A. Nowak WARD TWO. . . . . . . . . . . . . . ...Richard E. Swiniuch WARD THREE. . . . . . . . . . . . . . .Joseph G. Saraceno WARD FOUR. . .. . .. . . . . .. . . .Frances J. Grace VPM FIVE.. . . . . . . . . . . . . . .Jean-Guy J. Martineau WARD SIX. . . . . . . . . . . . . . . . .George F. McCabe WARD SEVEN. . . . . . . . . . . . . . .Peter P. Bouley PRESIDENT OF THE CITY COUNCIL. . . . . . . ... .. . .Richard E. Swiniuch �,'ryi F - 2 January 3, 1977 A meeting of the City Council was held in the Council Chamber on Monday, January 3, 1977 at 10:00 A.M. for the purpose of organizing the City Council for the year 1977. Notice of this meeting was posted on December 28, 1976 at 8:38 A.M. There was no one absent. City Clerk, Josephine R. Fusco, called the meeting to order and requested senior member, George F. McCabe, to assume the chair. Temporary President, George F. McCabe, then called upon Reverend Edwin G. Remaly of the Tabernacle Church for the invocation. Temporary President McCabe then called upon City Clerk, Josephine R. Fusco, to administer the oath of office to Mayor Jean A. Levesque. Temporary President McCabe then called upon Rabbi Dov Pikelny, Temple Shalom, Salem, for a prayer. Temporary President McCabe then called upon City Clerk Josephine R. Fusco to administer the oath of office to the members of the City Council. 1 lection of President Councillor Nowak introduced the following Order which was adopted. ORDERED: That the City Council proceed to organize for 1977 by the election of a President. Councillor Plante nominated Councillor Swiniuch. Councillor Rochna seconded the motion. Councillor Saraceno moved the nominations be closed. Temporary President McCabe declared Councillor Richard E. Swiniuch president of the City Council for the year 1977 by a roll call vote of 10 yeas, 0 nays, 1 voting present. Councillors Atkins, Bouley, Cawley, Grace, Martineau, McCabe, Nowak, Plante, Rochna, and Saraceno were recorded as voting for Councillor Swiniuch. Councillor Swiniuch was recorded as voting "present". „i Temporary President McCabe appointed Councillors Rochna and Plante to escort t President Richard E. Swiniuch to the Chair. President Swiniuch assumed the chair and thanked the Council for electing him <_ president. 2 ity Documents Councillor Grace introduced the following Order which was adopted. ORDERED: That the Purchasing Agent be authorized and instructed to solicit bids for printing and binding the City Documents of 1976 and execute a contract therefor, the details of preparation and execution of the work to be under the direction and r control of the City Clerk. 3 et Manuals Councillor Cawley introduced the following Order which was adopted. ORDERED: That the City Clerk be and hereby is authorized and directed to prepare and have printed a pocket manual for the use of the members of the City Council and City Officers, the cost of same not to exceed One Thousand Two Hundred and Fifty Dollars ($1,250) said sumo to be charged to the regular appropriation of the City Coon l• G} _ _ January 3, 1977 Councillor Boulay introduced the following Order which was adopted: 4. ' Rules & Orders i ORDERED: That the rules and regulations of the City Council for the year 1976 be adopted as the rules and regulations for the year 1977 and that the same be sus- pended for this meeting. Councillor Plante introduced the following Order which was adopted: 5. Study City Charter ORDERED: That the Council President call for a meeting of the Whole for the purpose of establishing a Blue Ribbin Committee to study the present City Charter. Council President Swiniuch called upon His Honor the Mayor, Jean A. Levesque, to administer the oath of office to the School Committee. President Swiniuch requested the City Council to retire to the Mayor's Office so that the school Committee could organize for the year 1977. The Council reconvened. President Swiniuch reassumed the chair. President Swiniuch called upon Mayor Jean A. Levesque to deliver his Inaugural Address. President Swiniuch thanked Mayor Levesque on behalf of the City Council and him- self for the informative address. President Swiniuch called upon Reverend Edwin G. Remaly, Tabernacle Church, who gave the benediction. On the motion of Councillor McCabe the meeting adjourned at 10:43 A.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK Y' January 13, 1977 A regular meeting of the City Council was held in -the Council Chamber on Thursday, January 13, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on January 7, 1977 at 9:07 P.M. Absent was Councillor Grace. President Richard E. Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. 6. Pole Location A Hearing was held on the petition of Massachusetts Electric Company and New Lafayette Street England Telephone to locate 1 joint pole on Lafayette Street. Appearing in favor were Allen Morneau of the Mass. Electric Co. and Councillor Bouley. No one was opposed. Hearing closed. Councillor Atkins moved that the permit be granted. It was so voted. 7. The Mayor's appointment of Mrs. Angela LeBlanc as Market Manager for a term of ppt. Angela LeBlanc arket Managerone year expiring January 31, 1978 was taken up. Councillor McCabe moved suspension of the rules. Councillor Nowak objected. Confirmation of appointment held until next meeting under the rules. 8. The following Order recommended by the Mayor was adopted under suspension of the Appr. Dog Constable Care & Custody rules : ORDERED: That the sum of Four Thousand Dollars ($4,000.00) be and the same is hereby appropriated from the "Surplus Revenue" account to the "Dog Constable- Care and Custody" account in accordance with the recommendation of His Honor the Mayor. 9. The following Order recommended by the Mayor was adopted under suspension of the ppr. - Snow & Ice ayroll rules : ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) be and the same is hereby appropriated from the "Surplus Revenue" account to the "Highway Snow and Ice - Payroll" account in accordance with the recommendation of His Honor the Mayor. 10. The following Order recommended by the Mayor was adopted: Trans. fr. Park Dept. Salaries to Police Dept. ORDERED: That the sum of Twenty-Seven Thousand Thirty-Six Dollars and Sixty-six Salaries Cents ($27,036.66) be and the same is hereby transferred from the "Park Department Salaries" account to the "Police Department Salaries" account in accordance with the recommendation of His Honor the Mayor 11. A communication was received from the Mayor, recommending the granting of an en- Easement- Salem-Beverly Water Supply Bd. closed Easement extension for a perpetual right of way to the Roger Realty Trust for Locust St. , Danvers property located on Locust Street in Danvers, MA. Council approved the Easement by a Roll call vote of 10 Yeas, 1 Absent. 12, A communication was received from the Mayor submitting an Ordinance creating a Y Ordinance - Creating a Dept. of Public Works Department of Public Works which would consist of the Engineering, Sts, and Sewers, Central Motor Equipment, Water and Cemetery Departments, and also create the position of Director of Public Services On the motion of Councillor Atkins matter referred to J January 13, 1977 Committee on Municipal Services. An Ordinance submitted by the Mayor amending the Salary Ordinance by adding 13. Ordinance - Director Director of Public Services, $5,000.00 annually was referred to the Committee on of Public Services Salary Municipal Services on the motion of Councillor Atkins. The Mayor's appointment of the following Constables for a term of one year, 14. Appt. of effective Februrary 1, 1977, was received and placed on file: Constables John Joseph Reardon, Jr. , Sz Putnam St. , Peabody Edmund Pelletier, 12 Park St. , Salem Council recessed at 8:25 P.M. , reconvened at 8:28 P.M. Councillor Nowak introduced the following Order: 15. Names & Payments Private Contractors ORDERED: That the City Engineer submit to this Council the names and gross Snow removal weights of vehicles and salaries payed to firms for plowing in the City of Salem so far this year. Councillor Atkins amended " that information received be forwarded to Committee on Municipal Services". Amended adopted. Order as amended adopted. Councillor Rochna introduced the following Order which was adopted: 16. Committee on Re- ORDERED: That the ad-hoc Council Committee studying the realignment of City alignment expanded wards be expanded to number five (5) members and further that two (2) members of said committee be Ward Councillors, those members being appointed by the Council President. The Council recessed at 9:30 P.M. and reconvened at 9:35 P.M. Councillor Rochna introduced the following Order: 17. Flag System - Fire ORDERED: That the Public Works Department and the Fire Department work jointly Hydrants & catch basins on a flag system so that fire hydrants are easily identified in a snow emergency and to also see that this system is implemented. Councillor Cawley moved the Order be amended by striking out"flag system" and in- serting in its place "identification system for catch basins and hydrants". Order as amended, adopted. Councillor McCabe introduced the following Ordinance which was adopted for first 18. Ordinance- Snow on passage: public streets In the year one thousand nine hundred and seventy-seven. CHAPTER 26, Section 12, of the Code of Ordinances is hereby repealed and the following inserted in place thereof. Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. "No person shall throw, plow or cause the placing of any ice or snow in any street so as to impede or obstruct the normal use of the travelled way. Any person violating the provisions of this .section shall, upon conviction, be fined two hundred (200.00) dollars for each offense." Section 2. This ordinance shall take effect as provided by the City Charter. 6 January 13, 1977 Towing Zones 19. Councillor Plante introduced the following Ordinance which was adopted for first Metered parking passage: In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an ordinance relative to Towing Zones. Be it ordained by the City Council of the City of Salem, as follows : SECTION 1. Chapter 15, Section 74, Towing Zones, of the Revised Ordinanes of the City of Salem, Massachusetts, 1952 is hereby amended by adding the following: f� "(n) In a metered parking area where the vehicle has been ticketed twice on the same day at the same location within the metered parking area." SECTION 2. This Ordinance shall take effect as provided by the City Charter. 20. Councillor Martineau offered the following report for the Committee on Licenses & Licenses & Permits Permits: It was voted to accept the report and adopt the recommendations. The Committee on Licenses & Permits to whom was referred the granting of certain licenses has considered said matter and would recommend that the following license be granted: NEW LICENSE - TAXI OPERATOR Clifford Roby, Jr. , 3 Irving St. , Salem 21. A communication was received from the Planning Board submitting a package of Proposed Zoning Amendments proposed amendments to the Salem Zoning Ordinance. There include (1) Proposed amend- ments pertaining to the new Chapter 808; (2) Proposed Wetlands and Flood Hazard District (3) Proposed moratorium in Multi-family Residential and Highland Business Districts. On the motion of Councillor Atkins the proposed amendments were referred to the Plann- ing Board and a joint Public Hearing to be held. 22. The Harbormaster' s Log for December, 1976 was received and placed on file. Harbormaster's Log 23. The final report of the Bicentennial Commission, making certain recommendations, Bicentennial Comm. ineau moved it be received and placed on file. Council- Final Report was received. Councillor Mart lor Atkins amended "that a letter of commendation be sent to Mr. Mufray for the e xell- ent job that was done." Councillor Plante amended "to send a letter of commendation to the Commission as well':'. Councillor Atkins further amended " that the recommenda- tions of the report be referred to the Committee on Community Development." Original motion adopted and amended by the three motions. 24. The attendance records of certain Boards and Commission were received and placed is-- Attendance records of :Boards on file. 25. A hearing was ordered for January 27, 1977 on the petition of Q-S Petroleum, Inc. Inflammables 227 Highland Ave. (Bobby Richardson) to keep and store 36,000 gallons of gasoline at Hawthorne Sq. , Caldor Shopping Center, 227 Highland Avenue. 26. The renewal of the Auctioneer's License of Patrick Pardo, 5 Barnes Rd. , Salem Auctioneer's Lic, was granted on the motion of Councillor Saraceno. January 13, 1977 Renewals of certain licenses were referred to the Committee on Licenses and PermitE 27. Renewals of certain Licenses on the motion of Councillor Martineau. The application of Richard DiFillipo (Hawthorne Antiques) , 1 Hawthorne Blvd. for 28. One Day Auctioneer a one day Auctioneer's License January 21, 1977 at the Knights of Columbus, Washington Square, was granted on the motion of Councillor Plante. The following Taxi Operator applications were referred to the Committee on Licenses 9.-30.-31. Taxi Operators and permits: Christopher Orfanides, 122 Foster St., Peabody Deborah Raymond, 182A Essex St. , South Hamilton George A. Stanley, 98 Washington Sq. , Salem The following Claims were referred to the Committee on Ordinances & Legal Affairs: 32,-33.-34.-35. Claims William J. Kossowan, 132 Liberty St. , Danvers Robert & Dorothy J. Ledoux, 343 Essex St. , Salem Joseph Gregory, Jr. , 101 Canal St. , Salem Richard Morton, 17 Forrester St. , Salem The matter of second passage of an Ordinance relative to Traffic (Night Parking) (869.) was taken u It was adopted for second and final g Second Passage p. p passage. Night Parking The matter of second passage of a Ordinance realtive to Traffic (No-parking, (870.) Second Passage Buchanan Road) was taken up. It was adopted for second and final passage. No Parking-Buchanan Rd. The matter of second passage of an Ordinance relative to the Salary & Wage Schedule (816.) Second Passage effective July 1, 1976 was taken up. Ordinance as follows adopted for second and final Salaries - effective 7/1/76 passage by a roll call vote of 9 Yeas, 1 Present, 1 Absent; In the year one thousand nine hundred and seventy-six. An Ordinance relating to classification and salary schedules of certain employees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. As of the effective date of this ordinance, all existing ordinances and parts thereof which are inconsistent herewith are repealed, ectioa 2. (a) There is hereby established, in place of the salary and classification rdinance in effect on the effective date of this ordinance the following classification f positions, and the weekly and annual schedules of compensation relating thereto, f certain employees in the seri or of the City (excluding employees of ,the School epartment) into Job Groups as appearing in clause (b) of this Section 2. Section 2 (b) EFFECTIVE JULY 1, 1976 JOB GROUP I STEP I STEP II STEP III Recreation - Clerk Typist $ 95.25 $105.75 -------- Tennis Instructor 95.25 105.75 -------- :nXi: S January 13, 1977 JOB GROUP I STEP I STEP II STEP III Recreation - Lifeguard $ 95.25 $105.75 ---------- Instructor 95.25 105.75 ---------- JOB GROUP II Junior Clerk Typist, $138.16 $149.55 $159.33 Police Department Junior Clerk Typist 135.04 146.43 156.21 Library Assistant 138.16 149.55 159.33 Planning Aide 135.04 146.43 156.21 Administrative Asst. 135.04 146.43 156.21 To City Engineer JOB GROUP II A Recreation Leaders Gen. $119.25 $130.75 $138.75 JOB GROUP III Bookkeeping Machine $145.65 $157.82 $167.60 Operator Constable, Peabody Museum 148.77 160.94 170.72 Constable, Essex Inst. 147.71 159.38 169.16 Senior Clerk Typist 145.65 157.82 167.60 Key Punch Operator 145.65 157.82 167.60 Personnel Aide 145.65 157.82 167.60 JOB GROUP III A Supervisor Recreation $105.00 $116.25 $ Handicraft(Winter) JOB GROUP IV Cashier-Golf Course $156.73 $169.78 $179.56 Dog Constable 156.73 169.78 179.56 Drawtender 156.73 169.78 179.56 Recreation Main. Man 156.73 169.78 179.56 Senior Acct. Clerk & Stenc.:150.49 163.54 173.32 Tool Keeper 156.73 169.78 179.56 JOB GROUP IV A Supervisor Recreation Boys Athletics $109.00 $121.50 Supervisor Recreation Handicraft 109.00 121.50 (Summer) Supervisor Recreation Drama 109.00 121.50 Supervisor Recreation Swimming 109.00 121.50 JOB GROUP V Assistant Registrar $159.74 $173.84 $183.61 Building Maintenance Man 165.98 180.08 189.85 Cemetery Maintenance Man 165.98 180.08 189.85 Deputy Sealer 159.74 173.84 183.61 Junior Engineering Aid 159.74 173.84 183.61 Motor Equipment Maintenance Man 165.98 180.08 189.85 Park Caretaker 165.98 180.08 189185 Park Maintenance Man 165.98 180.08 189.85 Principal Clerk 159.74 173.84 183.61 Senior Bookkeeper 159.74 173.84 183.61 Security Guard 165.98 180.08 189.85 Public Works Maintenance Man 165.98 180.08 189.85 Sanitation Laborer 165.98 180.08 189-.85 Senior Hospital Worker-Cook 165.98 180.08 189.85 Timekeeper 165.98 180.08 189.85 Cataloger - Library 162.86 176.96 186.73 Special Library Assistant 162.86 176.96 186.73 11 Traffic Maintenance Man 165.98 180.08 189.85 Laborer 165.98 180.08 189.85 JOB GROUP V A Water System Maintenance Man $173.63 $186.63 $196.40 Junior Building Custodian 173.63 186.63 196.40 Motor Equipment Operator (Drives 173.63 186.63 196.40 Truck Daily) NEO - Gardener- Park 173.63 186.63 196.40 JOB GROUP VI Meter Reader - Water Inspector $175.19 $190.37 $200.15 Meter Repairman 175.19 190.37 200.15 Secretary - Mayor 168.95 184.13 193..9,1. , January 13, 1977 JOB GROUP VI STEP I STEP II STEP III Senior Clerk Engineering $168.95 $184.13 $193.91 Branch Librarian 172.07 187.25 197.03 JOB GROUP VI A Senior Building Custodian $182.73 $196.82 $207.69 JOB GROUP VII Arborist $184.39 $200.67 $210.44 Assistant City Solicitor 184.80 200.45 209.85 Cemetery Maintenance Mechanic 184;39 200.67 210.44 Traffic Maintenance Man - Sign Painter 184.39 200,67 210.44 Water System S.H.M.E.O. Main. Craftsman 184.39 200.67 210.44 Storekeeper 184.39 200.67 210.44 Climber 184.39 200.67 210.44 Dental Hygienist 178.15 194.43 204.20 Electric Water Pumping Station Operator 184.39 200.67 210.44 Gardener and Greenhouse Man 184.39 200.67 210.44 Incinerator Crane Operator 184.39 200.67 210.44 Motor Equipment Operator - Heavy 184.39 200.67 210.44 (Formerly operator) Mechanical & Motor Equipment Main. Man 184.39 200.67 210.44 Park Maintenance Craftsman 184.39 _ 200.67 210.44 Principal Clerk (Police) 181.27 197.55 207.32 Principal Clerk (Fire)• 178.1.5 194.43 204.20 Public Works Maintenance Craftsman 184.39 200.67 210.44 Technical Service Coordinator - Library 181.27 197.55 207.32 Circulation Librarian 181.27 197.55 207.32 Reference Librarian 181.27 197.55 207.32 Street Sign Maintenance Craftsman 184.39 200.67 210.44 Recreation MaintenanceCraftsman 184.39 200.67 210.44 Forestry Maintenance Craftsman 184.39 200.67 210.44 JOB GROUP VIII Assistant City Clerk $187.41 $204.72 $214.50 Incinerator Crane Operator -Mech. Repair. 193.65 210.96 220.74 Motor Equip. Operator-Special (Former 193.65 210.96 220.74 Operator General) Motor Equipment Repairman 193.65 210.96 220.74 Registered Nurse 193.65 210.96 220.74 Senior Engineering Aid 187.41 204.72 214.50 Signal Maintainer 193.65 210.96 220.74 Working Foreman-Dump Caretaker Health 193.65 210.96 220.74 Working Foreman Meter Installer & Repair. 193.65 210.96 220.74 Working Foreman Police Traffic 193.65 210.96 220.74 Working Foreman Street 193.65 210.96 220.74 Working Foreman Water 193.65 210.96 220.74 City Messenger 193.65 210.96 220.74 Fire Alarm Operators 193.65 210.96 220.74 Assistant City Treasurer 187.41 204.72 214.50 JOB GROUP VIII A Firefighter - Annual Salary $10,656.36 $11,386.44 $11,934.00 JOB GROUP VIII B Patrolman - Annual Salary $10,356.00 $10,980.00 $11,448.00 JOB GROUP IX Milk and Sanitary ':Inspector $196.61 $215.07 $224.80 Park Maintenance Foreman 202.85 221.31 231.04 Sealer 202.55 220.30 229.65 First Deputy City Collector 196.61 215.07 224.80 Golf Course Foreman 202.85 221.31 231.04 Working Foreman Building Maintenance 202.85 221.31 231.04 Working Foreman Climber 202.85 221.31 231.04 Working Foreman Gardener & Greehouse Man 202.85 221.31 231.04 Assistant Veterans' Agent 196.61 215.07 224.80 Childrens Service Coordinator-Library 199.73 218.19 227.92 Deputy Auditor 196.61 215.07 224.80 Working Foreman Cemetery 202.85 221.31 231.04 Working Foreman Machinery Repairman 202.85 221.31 231.04 JOB GROUP IX A Investigator & Fingerprint Technician Police - Annual Salary $11,948.00 Firearm Technician - Police 11,948.00 Parking Meter Collector - Police 11,948.00 Photographer - Police 11,948.00 Special Investigator -. Police 11,948.00 K-9 Police Officer 11,948.00 January 13, 1977 JOB GROUP STEP I STEP II STEP III Fire Apparatus & Motor Equipment Repairman $212.37 $231.87 $241.64 General Foreman - Street and Sewer 211.70 230.45 239.85 General Foreman - Water 211.70 230.45 239.85 Working Foreman Motor Equipment Repairman 212.37 231.87 241.64 Adult Service Coordinator - Library 209.25 228.75 238.52 JOB GROUP X A ANNUAL SALARY Lieutenant (Fire) $13,338.00 JOB GROUP X B � Sergeant (Police) 12,648.00 JOB GROUP X C Public Health Nurse $210.86 $229.321 $239.10 JOB GROUP XI Assessors, Members $215.05 $234.60 $244.00 Head Electric Water Pumping Station Operator 221.05 230.60 250.00 Junior Civil Engineer 215.05 234.60 244.00 Wire Inspector 222.09 242.42 252.20 JOB GROUP XII Plumbing Inspector 231.75 252.60 262.00 Executive Secretary 231.75 252.-60 262.00 Superinteddent of Cemeteries 231.75 252.60 262.00 Sanitarian 226.98 248.66 258.44 Assistant Building Inspector 225.75 246.60 256.00 Building Manager 225.75 246.60 256.00 JOB GROUP XII A ANNUAL SALARY Captain (Fire) $14,742.00 JOB GROUP XII -B Lieutenant (Police) $13,848.00 JOB GROUP XIII Senior Sanitarian $247.88 271.75 281.48 Veterans' Agent 251.85 274.80 284.15 Water Registrar 251.85 274.80 284.15 Supervising Public Health Nurse 245.85 268.80 278.15 JOB GROUP XIII A ANNUAL SALARY Deputy' Fire Chief $16,146.00 JOB GROUP XIII B Captain (Police) $15,048.00 JOB GROUP XIV Assessor Chairman $272.95 $298.25 $307.65 City Treasurer 272.95 298.25 307.65 City Collector 272.95 298.25 307.65 jf Purchasing Agent 272.95 298.25 307.65 Superintendent Recreation Department 272.95 298.25 307.65 f Assistant Civil Engineer 269.83 296.14 305.92 JOB GROUP XV City Electrician $294.10 $321.70 $331.10 Director of Civil Defense 294.10 321.70 331.10 Superintendent, Parks, Shade Tree & Moth 294.10 321.70 331.10 Director - Library 294.10 321.70 331.10 Superintendent Central Motor Pool 294.10 321.70 331.10 JOB GROUP XVI City Solicitor $315.20 $345.20 $354.55 Superintendent of Streets & Sewers 315.20 345.20 354.55 January_13� 1977, JOB GROUP XVI STEP I STEP II STEP III Agent, Health Department $315.20 $345.20 $354.55 City Auditor 315.20 345.20 354.55 City Clerk 315.20 345,20 354.55 Supt, of Public Prop. & Insp. of Buildings 315.20 345.20 354.55 JOB GROUP XVII City Engineer $336.30 $368.65 $378.05 JOB GROUP 59 SPECIAL CATEGORY ANNUAL SALARY Planning Director $15,638.00 Data Processing Coordinator 16,369.30 Director of Personnel - Negotiator 17,412.30 Youth Coordinator 12,051.05 Coordinator of Elderly Affairs 11,819.00 Computer Operator/Programmer 10,192.00 Zoning Enforcement Officer 2,600.00 Youth Worker 10,072.40 Assistant Youth Worker - 8,214.00 Market Agent 10,500.00 CHIEF - Fire Department Statutory - ratio of 2.0 of the Annual Salary in Job Group VIII ,CHIEF - Police Department- ratio of 2.0 of the Annual Salary in Job Group VIII B JOB GROUP 51 - LONG TERM CARE FACILITY Executive Director ANNUAL SALARY $21,638.00 Director of Fiscal Service 18,514.00* Director of Nursing 18,514.00 Physiatrist M.D. 40,390.00 Executive. Secretary 11,110.00 Director of Personnel and Public Relations 11,014.00 Executive Secretary - Board of Trustees 1,000.00 Chief Physiciall.Therapist 16,136.00* Chief Occupational Therapist 16,136.00* Physical Therapist 12,871.04* Occupational Therapist , 12,$71.04* Occupational Therapist/Physical Therapist Aide 9,301.76* Physical Therapist Assistant 9,301.76* Physical Therapist Home Care 12,871.04* Registered Nurse Clinical/Supervisor - Rehabilitation 15,014.00 Chief Audio Therapist 15,546.58* Chief Speech Therapist 15,014.00* Social Service Director 13,014.00* Social Worker 1 11,048.96 Activities Director 8,744.00 Chief Accountant 11,890.00* Assistant Chief Physicial Therapist 12,766.00* ` Utilization Review Coordinator 13,890.00* Continuing Care Coordinator 11,830.00* Rehabilitation Counselor 12,014.00* Assistant Director Nursing Education 15,014.00* *ANNUAL SALARY UP TO, BUT NOT EXCEEDING THIS AMOUNT. JOB GROUP 52 - LONG TERM CARE FACILITY STEP I STEP II STEP .III Secretary to Director of Fiscal Services $169.99 $184.18 $195.47 Secretary to Director of Nursing 169.99 184.18 195.47 Secretary bo Director of Personnel & Public Rel. 169.99 184.18 195.47 Secretary to Physiatrist 169.99 184.18 195.47 Accounts Receivable and Credit Clerk 175.45 190.74 202.38 Distribution Clerk 184.39 200.67 210.44 Medical Records Librarian 181.27 197.55 207.32 Admitting Clerk 169.99 184.18 195.47 Telephone Operator & Typist 169.99 184.18 195.47 Activities Aide 156.73 169.78 179.56 Inpatient Billing Clerk-Therapy 169.99 184.18 195.47 Outpatient Billing Clerk-Therapy 169.99 184.18 195.47 Medical Records Clerk-Therapy 169.99 184.18 195.47 Assistant Director of Nursing 221,05 240.60 250.00 Night Supervisor, R.N. 221.05 240.60 250,00 Charge Nurse-Supervisor 221.05 240.60 250.00 Charge Nurse 216.25 231.00 240.40 Registered Nurse 193.65 210.96 220.74 Inservice Education - R.N. 193.65 210.96 220.74 Licensed Practical Nurse 165.98 180.08 189.85 January 13, 1977 JOB GROUP 52 - LONG TERM CARE FACILITY STEP I STEP II STEP III Orderly $165.98 $180.08 $189.85 Hospital Worker 135.62 146.43 156.21 Attendant 135.62 146.43 156.21 Junior Attendant 104.00 Ward Aide 141.28 152.67 162.45 Ward Secretary 157.61 170.72 182.36 Accounts Payable and Payroll Clerk 175.45 190. 74 202.38 tl JOB GROUP 53 OFF STREET PARKING ANNUAL SALARY Executive Director $12,890.00 Secretary 8,525.90 Clerk 660.00 *Traffic Maintenance Man 9,948.24 *Parking Meter Police Officer 11,948.00 * SALARIES ARE TRANSFERRED TO THE POLICE DEPARTMENT JOB GROUP IV Cashier $156.73 $169.78 $179.56 JOB GROUP VI Meter Control $175.19 $190.37 $200.15 JOB GROUP YEAR PART-TIME Pharmacist Health per week $ 69.80 Physician " per week 110.30 Dentist per week 110.30 Matron per day 31.85 Hostess Council on Aging per week 109.46 Activity Director Council on Aging per week 121.68 Animal Inspector-Health Yearly salary $1,177.25 E Section 2 (c) The weekly and annual salaries of employees included in the schedule of Job Groups in this Section 2 shall be effective July 1, 1976. SECTION 3 IMPLEMENTATION (a) Each person in the employment of the City of Salem on the effective date set forth in Section 2 (c) shall be paid according to the step rate, if any, then applica- ble to his or her position, and shall, if not already at the highest step, following the next succeeding anniversary or anniversaries of his or her employment be advanced to the succeeding steps appearing in the classification schedule and schedules of com- pensation provided in Section 2 (b) . (b) Each person in the employment of the City of Salem on the effective date set forth in Section 2 (c) and who is by this ordinance or thereafter elevated to a higher Job Group, shall be paid at the highest step rate applicable to such position. (c) There shall be paid to holders of all positions in the bargaining unit of the I� I , ; Police Department, and also to the holders of all positions included in the municipal employees' bargaining unit now represented by Local 1818, AFSCME, Council 41, AFL-CIO ' while employed as regularly assigned members of a night shift, a night differential of five per cent (5%) of the base pay applicable to such position. r: (d) Employees in the Fire Department bargaining unit who are regularly assigned to night shift hours will be paid a night differnetial of five percent (5%) of the pay A applicable to such position on a weekly basis to be considered as part of their base pay only for the purpose of computing over-time, holiday, vacation, sick leave and retirement benefits. January 13, 1977 SECTION 4 ADOPTION. ETC The adoption of this ordinance will not reduce the salary or wage of any officer or employee of the City of Salem, nor shall anything herein relating to City officials or employees be construed in such manner as to be in conflict with the Civil Service rules. SECTION 5 OVERTIME (a) Any persons classified in this ordinance whose normal work week is forty (40) hours or less and who is required to work in excess of forty (40) hours in any one week or in excess of eight (8) hours in any one day shall be compensated for each of such additional hours at a rate of one and one-half (1' ) times the regular hourly rate. Only one payment of overtime for each such hour shall or may be made. (b) Any person classified in this ordinance who_is required to work beyond his normal work week and up to and including forty (40) hours according to paragraph (a) of this section. (c) Any persons classified in this ordinance whose normal work week is forty-two (42) hours and who is required to work in excess of forty-two (42) hours in any one week shall be compensated for each of such additional hours at a rate of one and one- half (1z) times the regular hourly rate. SECTION 6 COMPENSATION FIRE DEGREE A member of the Fire Department who has attained an Associate Degree in Fire Science from an accredited two (2) years college shall receive added supplemental comp- ensation of Seven Hundred Fifty Dollars ($750.00) annually. SECTION 7 PERSONNEL BOARD The Mayor shall appoint, subject to confirmation by the City Council, a Personnel Board. Such board shall consist of five (5) members and shall include a City Department Head, a full time City Employee not a Department Head, and a representative of organized labor. The initial appointments shall be for a term of one (1) year, two (2) years, and three (3) years, respectively. All subsequent appointments shall be for a term of three (3) years. (a) The Personnel Board shall from time to time review the salary schedule herein contained. It shall inform itself as to pay rates and policies in Salem and local areas of both public and private employment of similar nature and shall recommend to the Mayor and City Council any action which it deems necessary to maintain a fair and equitable pay level. (b) The Personnel Board shall from time to time review the work of all positions in the classification schedule herein contained and make recommendations to the Mayor and City Council. This review shall be so scheduled as to cover all positions within he classification schedule at intervals of not more than three (3) years. (c) The Personnel Board shall, following written application by the holder of any 14 January 13i 1977 particular classified position herein, consider sucap h plication, hold a hearing with — the applicant present, within thirty (30) days of said application, and notify the applicant in writing of its decision within (10) days thereafter. A copy of such notice shall also be sent to the City Council and the Personnel Department. In the case of an employee whose position is included in a bargaining unit, an application may be made by others on his or her behalf with the consent of the employee, and the Personnel Board may require that any such application shall be initially made, or gVll thereafter processed, or both, by a representative of the appropriate bargaining unit. Any employee feeling aggrieved by any such decision of the Personnel Board may appeal to the City Council by filing therewith a claim in writing within twenty-one (21) days after receipt of such decision. The Personnel Board will be prepared to appear before the City Council as part of any process of such claims. SECTION 8 This Ordinance shall take effect as provided by the City Charter. Approved by the Mayor on January 18, 1977. (816A) The matter of second passage of an Ordinance relative to the Salary & Wage Second Passage Salaries - effective Schedule effective January 1, 1977 was taken up. Ordinance as follows adopted for 1/1/77 second and final passage by a roll call vote of 8 Yeas, 1 Nay, 1 Present, 1 Absent: In the year one thousand nine hundred and seventy-six. An Ordinance relating to classification and salary schedules of certain employees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. As of the effective date of this ordinance, all existing ordinances and parts thereof which are inconsistent herewith are repealed. SECTION 2. (a) There is hereby established, in place of the salary and classification ordinance in effect on the effective date of this ordinance the following classifica- tion of positions, and the weekly and annual schedules of compensation relating there- to, of certain employees in the service of the City (excluding emplyees of the School Department) into Job Groups as appearing in clause (b) of this Section 2. Section 2. (b) EFFECTIVE JANUARY 1, 1977 'Y JOB GROUP I STEP I STEP II STEP III Recreation - Clerk Typist $ 95.25 $105.75 F'. Tennis Instructor 95.25 105.75 ' Lifeguard 95.25 105.75 5.25 105.75 ffj;^ Instructor 'rr JOB GROUP II _ Junior Clerk Typist - Police Department $142.30 $154.04 $164.11 Junior, Clerk Typist 139.09 150.82 160.90 Library Assistant 142.30 154.04 164.11 Planning Aide 139.09 150.82 160.90 Administrative Assist, to City Engineer 139.09 150.82 160.90 la January 13, 1977 \ JOB GROUP II A STEP I STEP II STEP III Recreation Leaders General $119.25 $130.75 $138.75 JOB GROUP III Bookkeeping Machine Operator $150.02 $162.55 $172.63 Constable, Peabody Museum 153.23 165.77 175.84 Constable, Essex Institute 151.63 164.16 174.23 Senior Clerk Typist 1-50.02 162.55 172.63 Key Punch Operator 150.02 162.55 172.63 Personnel Aide 150.02 162.55 172.63 JOB GROUP III A Supervisor Recreation Handicraft (Winter) $105.00 $116.25 JOB GROUP IV Cashier.- Golf Course $161.43 $174.87 $184.95 Dog Constable 161.43 174.87 184.95 Drawtender 161.43 174.87 184.95 Recreation Maintenance Man 161.43 174.87 184.95 Senior Account Clerk and Stenographer 155.00 168.45 178.52 Tool Keeper 161.43 174.87 184.95 JOB GROUP IV A Supervisor Recreation Boys Athletics $109.00 $121.50 Supervisor Recreation Handicraft (Summer) 109.00 121.50 Supervisor Recreation Drama 109.00 121.50 Supervisor Recreation Swimming 109.00 121.50 JOB GROUP V Assistant Registrar $164.53 $179.06 $189.12 Building Maintenance Man 170.96 185.48 195.55 Cemetery Maintenance Man 170.96 185.48 195.55 Deputy Sealer 164.53 179.06 189.12 Jr. Engineering Aid 164.53 179.06 189.12 Motor Equipment Maintenance Man 170.96 185.48 195.55 Motor Equipment Operator 170.96 185.48 195.55 Park Caretaker 170.96 185.48 195.55 Park Maintenance Man 170.96 185.48 195.55 Principal Clerk 164.53 179.06 189.12 Senior Bookkeeper 164.53 179.06 189.12 Security Guard 170.96 185.48 195.55 Public Works Maintenance Man 170.96 185.48 195.55 Sanitation Laborer 170.96 185.48 195.55 Senior Hospital Kitchen Worker - Cook 170.96 185.48 195.55 Timekeeper 170.96 185.48 195.55 Cataloger - Library 167.75 182.27 192.33 Sepcial Library Assistant 167.75 182.27 192.33 Traffic Maintenance Man 170.96 185.48 195.55 Laborer 170.96 185.48 195.55 JOB GROUP V A Water System Maintenance Man $178.84 $192.23 $202.29 Junior Building Custodian 178.84 192.23 202.29 Motor Equipment Operator (Drives Truck Daily) 178.84 192423 202.29 MEO-Gardener-Park 178.84 192.23 202.29 JOB GROUP VI Meter Reader - Water Inspector $180.45 $196.08 $206.15 Meter Repairman 180.45 196.08 206.15 Secretary - Mayor 180.45 196.08 206.15 Senior Clerk - Engineering 174.02 189.65 199.73 Branch Librarian i 177.23 192.87 202.94 JOB GROUP VI A Senior Building Custodian $188.21 $202.72 $213.92 t JOB GROUP VII Arborist $189.92 $206.69 $216.75 Assistant City Solicitor 192.30 207.95 217.35 Cemetery. Maintenance Man 189.92 206.69 216.75 ' Traffic Maintenance Man - Sign Painter 189.92 206.69 216.75 Water System S. H. M. E. 0. Maintenance Crafts. 189.92 206.69 216.75 Storekeeper 189.92 206.69 216.75 January 13, 1977 JOB GROUP VII STEP I STEP II STEP III = Climber $189.92 $206.69 $216.75 Dental Hygienist 183.49 200.26 210.33 Electric Water ,Pumping Station Operator 189.92 206.69 216.75 Gardner and Greenhouse Man 189.92 206.69 216.75 Incinerator Crane Operator 189.92 206.69 216.75 Motor Equipment Operator - Heavy (Formerly Opr.) 189.92 206.69 216.75 Mechanical & Motor Equipment Maintenance Man 189.92 206.69 216.75 Park Maintenance Craftsman 189.92 206.69 216.75 l Principal Clerk - Police 186.71 203.48 213.54 Y) Principal Clerk - Fire 183.49 200.26 210.33 �1/I Public Works Maintenance Craftsman 189.92 206.69 216.75 Water System Maintenance Craftsman 189.92 206.69 216.75 Technical Service Coordinator - Library 186.71 203.48 213.54 Circulation Librarian 186.71 203.48 213.54 Reference Librarian 186.71 203.48 213.54 Street Sign Maintenance Craftsman 189.92 206.69 216.75 Recreation Maintenance Craftsman 189.92 206.69 216.75 Forestry Maintenance Craftsman 189.92 206.69 216.75 JOB GROUP VIII Assistant City Clerk, $193.03 $210.86 $220.94 Incinerator Crane Operator - Mechanical Repair. 199.46 217.29 227.36 Motor Equipment Operator - Special(Former Opr. Gen)199.46 217.29 227.36 Motor Equipment Repairman 199.46 217.29 227.36 Registered Nurse 199.46 217.29 227.36 Senior Engineering Aid 193.03 210.86 220.94 Signal Maintainer 199.46 217.29 227.36 Working Foreman-Dump Caretaker Health 199.46 217.29 227.36 Working Foreman Meter Installer and Repairman 199.46 217.29 227.36 Working Foreman Police Traffic 199.46 217.29 227.36 Working Foreman Street 199.46 217.29 227.36 Working Foreman Water 199.46 217.29 227.36 City Messenger 199.46 217.29 227.36 Fire Alarm Operators 199.46 217.29 227.36 Assistant City Treasurer 193.03 210.86 220.94 JOB GROUP VIII A Firefighter -- Annual Salary $10,656.36 $11,386.44 $11,934.00 JOB GROUP VIII B Patrolman - Annual Salary $10,356.00 $10,980.00 $11,448.00 JOB GROUP IX Milk & Sanitary Inspector $202.51 $221.52 $231.54 Park Maintenance Foreman 208.94 227.95 237.97 Sealer 210.05 227.80 237.15 First Deputy City Collector 202.51 221.52 231.54 Golf Course Foreman 208.94 227.95 237.97 Working Foreman Building Maintenance 208.94 227.95 237.97 Working Foreman Climber 208.94 227.95 237.97 Working Foreman Gardener & Greenhouse Man 208.94 227.95 237.97 Assistant Veterans' Agent 202.51 221.52 231.54 Children Service Coordinator - Library 205.72 224.74 234.76 Deputy Auditor 202.51 221.52 231.54 Working Foreman Cemetery 208.94 227.95 237.97 Working Foreman Machinery Repairman 208.94 227.95 237.97 JOB GROUP IX A ANNUAL SALARY Investigator and Fingerprint Technician - Police $11,948.00 Juvenile and Safety Officer - Police 11,948.00 Firearm Technician - Police 11,948.00 Parking Meter Collection - Police 11,948.00 Photographer - Police 11,948.00 Special Investigator - Police 11,948.00 K-9 Police Officer 11,948.00 JOB GROUP X Fire Apparatus & Motor Equipment Repairman $218.74 $238.83 $248.89 General Foreman - Street and Sewer 219.20 237.95 247.35 General Foreman - Water 219.20 237.95 247.35 61 Working Foreman Motor Equipment Repairman 218.74 238.83 248.89 Adult Service Coordinator - Library 215.35 235.61 245.68 1.7 -- Januar 13, 1977 JOB GROUP X A --- STEP I STEP II STEP III - - -' Lieutenant (Fire) Annual Salary $13,338.00 JOB GROUP X B Sergeant (Police) Annual Salary $12,648.00 JOB GROUP X c Public Health Nurses $217.19 $236.20 $246.27 JOB GROUP XI Assessors Member $222.55 $242.10 $251.50 Head Electric Water Pumping Station Operator 228.55 248.10 257.50 Junior Civil Engineer 222.55 242.10 251.50 Wire Inspector 228.75 249.69 259.77 JOB GROUP XII Plumbing Inspector $239.25 $260.10 $269.50 Executive Secretary 239.25 260.10 269.50 Superintendent of Cemeteries 239.25 260.10 269.50 Sanitarian 233.79 256.12 266.19 Assistant Building Inspector 233.25 254.10 263.50 Building Manager 233.25 254.10 263.50 JOB GROUP XII A Captain (Fire) Annual Salary $14,742.00 JOB GROUP XII B Lieutenant (Police) Annual Salary $13,848.00 JOB GROUP XIII Senior Sanitarian $255.32 $279.90 $289.92 Veterans' Agent 259.35 282.30 291.65 Water Registrar 259.35 282.30 291.65 Supervising Public Health Nurse 253.35 276.30 285.65 JOB GROUP XIII A Deputy Fire Chief Annual Salary $16,146.00 JOB GROUP XIII B Captain (Police) Annual Salary $15,048.00 JOB GROUP XIV Assessor Chairman $280.45 $305.75 $315.15 City Treasurer 280.45 305.75 315.15 City Collector 280.45 305.75 315.15 Purchasing Agent 280.45 305.75 315.15 Superintendent Recreation Department ' 280.45 305.75 315.15 Assistant Civil 'Engineer 277.92 305.02 315.10 JOB GROUP XV City Electrician $301.60 $329.20 $338.60 Director of Civil Defense 301.60 329.20 338.,60 Superintendent, Parks, Shade Tree and Moth 301.60 329.20 338.60 Director - Library 301.60 329.20 338.60 Superintendent Central Motor Pool Ap1.60 329.20 338.60 JOB GROUP XVI City Solicitor $322.70 $352.70 $362.05 Superintendent of Streets and Sewers 322.70 352.70 362.05 Agent, Health Department 322.70 352.70 362.05 City Auditor 322.70 352.70 362.05 City Clerk 322.70 352.70 362.05 Superintendent of Public Property & Insp. of Buildings 322.70 352.70 362.05 JOB GROUP XVII City Engineer $343.80 $376.15 $385.55 i8 January 13, 1977 JOB GROUP 50 SPECIAL CATEGORY ANNUAL SALARY Planning Director $16,028.00 Data Processing Coordinator 16,759.30 'w Director of Personnel - Negotiator 17,802.30 Youth Coordinator 12,441.05 Coordinator of Elderly Affairs 12,209.00 Computer Operator/Programmer 10,497.76 Zoning Enforcement Officer 2,600.00 10,462.40 Youth Worker � ® Assistant Youth Worker 8,604.00 *CHIEF - FIRE DEPARTMENT STATUTORY - RATIO OF 2.0 OF THE ANNUAL SALARY IN JOB GROUP VIIIA *CHIEF - POLICE DEPARTMENT " ° " " ° " JOB GROUP VIm JOB GROUP 51 - LONG TERM CARE FACILITY ANNUAL SALARY Executive Director $22,028,00 Director of Fiscal Services 18,904.00* Director of Nursing 18,904.00 Physiatrist M.D. 1,780.00 1 Executive Secretary 11,500.00 Director of Personnel and Public Relations 11,404.00 Executive Secretary - Board of Trustees 1,000.00 Chief Physical Therapist 16,526.00* Chief Occupational Therapist 16,526.00* Physical Therapist 13,257.17* Occupational Therapist 13,257.17* Occupational Therapist/Physical Therapist Aide 9,580.81* Physical Therapist Assistant 9,580.81* Physical Therapist Home Care 13,257.17* Registered Nurse Clinical/Supervisor - Rehabilitation 15,404.00 Chief Audio Therapist 15,936.58' Chief Speech Therapist 15,404.00* ? Social Service Director 13,522.83* Social Worker 11,380.43 Activities Director 9,134.00 12,280.00* Chief Accountant Assistant Chief Physicial Therapist 13,156.00* Utilization Review Coordinator 14,280.00* Continuing Care Coordinator 12,220.00* 12,404.00* '- Rehabilitation Counselor 15 404.00* Assistant Director of Nursing Education , *ANNUAL SALARY UP TO BUT NOT EXCEEDING THIS AMOUNT. JOB GROUP 52 LONG TERM CARE FACILITY STEP I STEP II STEP III Secretary to Director of Fiscal Services $175.09 $189.71 $201.33 Secretary to Director of Nursing 175.09 189.71 201.33 Secretary to Director of Personnel & Public Relations 175.09 189.71 201.33 Secretary to Physiatrist 175.09 189.71 201.33 Accounts Receivable and Credit Clerk 180.71 196.46 208.45 Distribution Clerk 189.92 206.69 216.75 Medical Records Librarian 186.71 203.48 213.54 Admitting Clerk 175.09 189.71 201.33 Telephone Operator and Typist 175.09 189.71 201.33 Acitivities Aide 161.43 174.87 184.95 Inpatient Billing Clerk-Therapy 175.09 189.71 201.33 Outpatient Billing Clerk-Therapy 175.09 189.71 201.33 Medical Records Clerk - Therapy 175.09 189.71 201.33 Assistant Director of Nursing 228.55 248.10 257.50 Night Supervisor, R.N. 228.55 248.10 257.50 Charge Nurse - Supervisor 228.55 248.10 257.50 Charge Nurse 223.75 238.50 247.90 Registered Nurse 199.46 217.29 227.36 Inservice Education - R.N. 199.46- 217.29 227.36 Licensed. Practical Nurse 170.96 185.48 195.55 Orderly 170.97 185.48 195.55 _ Junior Attendant 107.12 Hospital Worker139.69 150.82 160.90 Attendant 139.69 150.82 160.90 Ward Aide 145.52 157.25 167.32 Ward Secretary 162.34 175.84 ' - 187:83 208.45 Accounts Payable and Payroll Clerk 180.71 196.46 19 January 13, 1977 JOB GROUP 53 OFF STREET PARKING ANNUAL SALARY Executive Director $13,280.00 Secretary Clerk 8,781.68*Traffic Maintenance Man 660.00 10,246,69 *Parking Meter Police Officer 11,948.00 Laborer Coin Counting 2,473.12 *SALARIES ARE TRANSFERRED TO THE POLICE DEPARTMENT JOB GROUP IV STEP I STEP II STEP III Cashier $161.43 $174.87 $184.95 JOB GROUP VI Meter Control $180,45 $196.08 $206.15 JOB GROUP YEAR PART-TIME Pharmacist - Health per week $ 69.80 Physician - Health per week 110.30 Dentist - Health per week 110.30 Matron - Health per day 31.85 Hostess Council on Aging per week 112.74 Activity Director - Council on Aging per week 125.33 Animal Inspector - Health Yearly salary $1,177.25 Section 2 (c) The weekly and annual salaries of employees included in the schedule of Job Groups in this Section 2 shall be effective January 1, 1977. SECTION 3 IMPLEMENTATION (a) Each person in the employment of the City of Salem on the effective date set forth in Section 2 (c) shall be paid according to the step rate, if any, then applica- ble to his or her position, and shall, if not already at the highest step, following the next succeeding anniversary or anniversaries of his or her employment be advanced to the succeeding steps appearing in the classification schedule and schedules of com- pensation provided in Section 2 (b) , (b) Each person in the employment of the City of Salem on the effective date set forth in Section 2 (c) and who is by this ordinance or thereafter elevated to a higher Job Group, shall be paid at the highest step rate applicable to such position. (c) There shall be paid to holders of all positions in the bargaining unit of the Police Department, and also to the holders of all positions included in the municipal employees' bargaining unit now represented by Local 1818, AFSCME, Council 41, AFL-CIO, while employed,as regularly assigned members of a night shift, a night differential of five per cent (5%) of the base pay applicable to such position. (d) Employees in the Fire Department bargaining unit who are regularly assigned to night shift hours will be paid a night differential of five percent (5%) of the pay applicable to such position on a weekly basis to Op considered as part of their base pay only for the purpose of computing overtime, holiday, vacation, sick leave and re- tirement benefits. SECTION 4 ADOPTION. ETC. The adoption of this ordinance will not reduce the salary or wage of any officer or employee of the City of Salem, nor shall anything herein relating to City officials or employees be construed in such manner as to be in conflict with the Civil Service ules. hV January 13, 1977 SECTION 5 OVERTIME — (a) Any person classified in this ordinance whose normal work week is forty (40) hours or less and who is required to work in excess of forty (40) hours in any one week or in excess of eight (8) hours in any one day shall be compensated for each of such additional hours at a rate of one and one-half (1�) times the regular hourly rate. Only one payment of overtime for each such hour shall or may be made. l (b) Any persons classified in this ordinance who is required to work beyond his normal work week and up to and including forty (40) hours shall be paid at the hourly applicable rate, and over forty (40) hours according to paragraph (a) of this section. (c) Any persons classified in this ordinance whose normal work week if forty-two (42) hours and who is required to work in excess of forty-two (42) hours in any one week shall be compensated for each of such additional hours at a rate of one and one- half (1z) times the regular hourly rate. SECTION, 6. COMPENSATION, FIRE DEGREE A member of the Fire Department who has attained an Associate Degree in Fire Science from an accredited two (2) years college shall receive added supplemental compensation of Three Hundred Twenty-Five Dollars (325.00) annually. A member of the Fire Department who has attained a Bachelor's Degree in Fire Science from an accredited four (4) year college shall receive added supplemental com- pensation of Seven Hundred Fifty Dollars (750.00) annually. SECTION 7 PERSONNEL BOARD The Mayor shall appoint, subject to confirmation by the City Council, a Person- nel Board. Such board shall consist of five (5) members and shall include a City Department Head, a full time City Employee not a Department Head, and a representa- tive of organized labor. The initial appointments shall be for a term of one (1) year, two (2) years, the three (3) years, respectively. All subsequent appointments shall i be for a term of three (3) years. (a) The Personnel Board shall from time to time review the salary schedule here- G, in contained. It shall inform itself as to pay rates and policies in Salem and local areas of both public and private employment of similar nature and shall recommend to the Mayor and City Council any action which it deems necessary to maintain a fair and equitable pay level. (b) The Personnel Board shall from time to time review the work of all position in the classification schedule herein contained and made recommendations to the Mayor i and City Council. This review shall be so scheduled as to cover all positions within the classification schedule at intervals of not more than three (3) years. - (c) The Personnel Board shall, following written application by the holder of a^ {; any particular classified position herein, consider such application, hold a hearing with the applicant resent within thirty 4., pp p y (30) days of said application, and notify the applicant in writing of its decision within ten (10) days thereafter. A copy of such notice shall also be sent to the City Council and the Personnel Department. In the case of any employee whose position is included in a bargaining unit, an applica- January 13, 1977 tion may be made by others on his or her behalf with the consent of the employee, and the Personnel Board may require that any such application shall be initially made, or thereafter processed, or both, by a representative of the appropriate bargaining unit. Any employee feeling aggrieved by any such decision of the Personnel Board may appeal to the City Council by filing therewith a claim in writing within twenty-one (21) days after receipt of such decision. The Personnel Board will be prepared to appear before the City Council as part of any process of such claims. Approved by the Mayor on January 18, 1977. Councillor Boulay was appointed to draw four Jurors for Salem Superior Court, Jurors - at Salem February 7th Sitting, 1977 at Salem: Zdzislaw M. Prosniewski, 1 Messervy St. , Forklift Operator Frances M. Bona, 127 Derby St. , Retired Patricia Sklors, 6i Roslyn St. , Meat Wrapper Dorothy L. Bernard, 83 Bridge St. , Housewife Councillor Martineau was appointed to draw one Juror for the Salem Superior Court, Jurors - at Lawrence February 7th Sitting, 1977 at Lawrence: John F. Crosbie, Jr. , 57 Summit St. , Office Assistant On the motion of Councillor Atkins the meeting adjourned at 10:15 P.M. A placque was presented to outgoing Council President George W. Aktins by Councillor Swiniuch on behalf of the Council as a token of appreciation for the fine manner in which he conducted the meetings of the Salem City Council. ATTEST: JOSEPHINE R. FUSCO CITY CLIZK q` January 24, 1977 Special Meeting -- A special meeting of the City Council was held on Monday, January 24, 1977 at 7:20 P.M. for the purpose of drawing four Jurors for Salem Superior Court, February 7th sitting, 1977 at Lawrence. Notice of meeting was posted January 21, 1977 at 9:49 A.M. Councillor Saraceno was appointed to draw 4 Jurors for Salem Superior Court Feb. 7th sitting at Lawrence: Fred B. Belson, 5 Heritage Drive, Foreman Lillian C. Papelegis, 29 Pierce Rd. , Factory Worker Jeanne E. Hartigan, 20 Hathorne St. , Part-time Telephone Operator Rita H. Gagne, 105 Broadway, Auditing Clerk On the motion of Councillor Martineau the meeting adjourned at 7 :30 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK :F 1 i _ January 27, 1977 23 A regular meeting of the City Council was held in the Council Chamber on Thursday, January 27, 1977 at 8:00 P.M. for the transaction of any and all business. Notice of the meeting was posted on January 21, 1977 at 9:49 A.M. Absent was Councillor Joseph Saraceno. Councillor Richard E. Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. A hearing was held on the application of Q-S Petroleum, Inc. (Bobby G. Richardson (25.) Hearing - Inflam- to keep and store, and sell 36,000 gallons of gasoline at Hawthorne Sq. , Caldor Shoppi mables - Highland Ave. Center, 227 Highland Avenue. Appearing in favor was Atty Robert A. Foote, Jr. Council- lor Grace was recorded in favor and stated Councillor Saraceno was also in favor, al- though absent. Councillor Martineau was recorded opposed. Hearing closed. Permit granted on the motion of Councillor Grace. The Mayor's reappointment of Charles T. Passales as City Auditor for one year was 36 Reappt. City confirmed under suspension of the rules, by a roll call vote of 10 Yeas, 1 Absent. Charles Passalesitor The Mayor's reappointment of Thomas Sullivan as City Collector for a term of one Reappt. City Collector year was confirmed, under suspension of the rules, by a roll call vote of 10 Yeas, 1 Abs Thomas Sullivan The Mayor's appointment of Lawrence D. Buckley as City Treasurer for a term of one Reappt. City Treasurer year was confirmed, under suspension of the rules, by a roll call vote of 10 Yeas, 1 Abs Lawrence Buckley The Mayor's reappointment of James L. Foley as Superintendent of Shade Trees & Reappt. Supt. Shade oth Suppression for a term of one year was confirmed, under suspension of the rules Tree - Moth Suppression James L. Foley y a roll call vote of 10 Yeas, 1 Absent. The Mayor's reappointment of John A. Condon as City Electrician for a term of one Reappt. City Electricia ear was confirmed, under suspnesion of the rules, by a roll call vote of 10 Yeas, 1 Abs John A. Condon The Mayor's reappointment of W. Gregory Senko as Planning Director for a term of Reappt Planning Director .. ne year was confirmed, under suspension of the rules, by a roll call vote of 8 Yeas, W' Gregory Senko Nays, 1 Absent. The Mayor's reappointment of Richard S. Fabiszewski as Data Processing Coordinator Reappt. Data Processing Coordinator for a term of one year was confirmed, under suspension of the rules, by a roll call vote Of 10 Yeas, 1 Absent. The Mayor's reappointment of John B. Powers as Zoning Enforcement Officer for a Reappt. Zoning Enforce- ment Officer - John B. term of one year was confirmed, under suspension of the rules, by a roll call vote of Powers 10 Yeas, 1 Absent. The Mayor's reappointment of Robert Blenkhorn as a member of the Board of Health 37 Reappt. - Board of ;for the term expiring the first Monday in February, 1980 was confirmed, under suspension Health - Robert Blenk- horn f the rules , by a roll call vote of 10 Yeas, 1 Absent. 24 January 27, 1977 Reappt. - Board of The Mayor's reappointment of Mildred C. Moulton as a member of the Board of Health - Mildred Moulton Health for the term expiring the first Monday in February, 1980 was confirmed, under suspension of the rules, by a roll call vote of 10 Yeas, 1 Absent. Reappt. - Cultural Arts The Mayor's reappointment of Atty. Robert D. Bowes as a member of the Cultural Comm. - Robert D. Bowes Arts Commission for the term expiring February 1, 1980 was confirmed, under suspension of the rules, by a roll call vote of 10 Yeas, 1 Absent. Reappt. - Cultural Arts The Mayor's appointment of Georgia Ferrucci as a member of the Cultural Arts Comm. - Georgia Ferru- cci Commission for the term expiring February 1, 1980 was confirmed by a roll call vote of 10 Yeas, 1 Absent under suspension of the rules. Reappt. - Human Rights The Mayor's reappointment of Charles F. Geary as a member of the Human Rights Comm. Charles F. Geary Commission for the term expiring January 31, 1980 was confirmed, under suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. Reappt. - Recreation The Mayor's reappointment of Gerard J. Lavoie as a member of the Recreation Comm. Gerard J. Lavoie Commission for the term expiring January 10, 1980 was confirmed, under suspension of the rules, by a roll call vote of 10 Yeas, 1 Absent. 38. The Mayor's appointment of Kevin P. Greene as a member of the Personnel Board for ppt. - Personnel Bd. evin P. Greene the term expiring July 15, 1979 was confirmed under suspension of the rules, by a roll call vote of 10 Yeas, 1 Absent. (7.) Councillor Cawley request and received unanimous consent to take up the confirma- Appt. Market Agent Mrs. Angela LeBlanc tion of Mrs. Angela LeBlanc's appointment as Market Agent for the term expiring Janu- ary 31, 1978. Appointment confirmed by a roll call vote of 8 Yeas, 1 Nay, 1 Present, 1 Absent. 39. The following Order was recommended by the Mayor. Councillor Atkins moved suspen- Appr. Snow & Ice Expenses sion of the rules. Councillor Nowak objected. Order referred to the Committee on Finance under the rules : ORDERED: That the sum of One Hundred Fifty Thousand Dollars ($150,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Snow and Ice Y V Expenses" Account in accordance with the recommendation of His Honor the Mayor. I� 40. The following Order was recommended by the Mayor. Councillor.Bouley moved suspen- ppr. Veterans Services xpenses sion of the rules. Councillor Martineau objected. Order referred to the Committee on Finance under the rules : ORDERED: That the sum of Six Hundred Dollars ($600.00) be and the same is hereby appro priated from the "Surplus Revenue" account to the "Veterans Services - Expenses" account in accordance with the recommendation of His Honor the Mayor. 25 January 27, 1977 The following resolution was recommended by the Mayor: 41. Resolution -1978 Community Development A RESOLUTION CONCERNING THE FILING OF AN APPLICATION AND THE EXPENDITURE OF FISCAL Funds. YEAR 1978 COMMUNITY DEVELOPMENT FUNDS ORDERED: BE IT RESOLVED by the City Council of the City of Salem, Massachusetts, as follows: I. That the Mayor, as the City's chief executive officer, is hereby authorized to make application and to expend Fiscal Year 1978 Entitlement and Discretionary Funds in accordance with the following Program., 1) Engineering, construction and supportive costs relating to the sewerage program $473,000.00 2) Forest River Conservation Area 90,000.00 3) Rehabilitation of Old Town Hall 30,000.00 4) Development and Construction of a Senior Center 80,000.00 5) Costs for services relating to the drafting of a new Master Plan and Zoning Ordinance 30,000.00 6) Construction of Ballfield Lights at the Palmer Cove Playground 100,000.00 7) Administration and Implementation of Residential Rehabilitation Strategies Including a Rebate/Block Incentive Program, Winterization, and Legal Services 125,000.00 8) Development and Implementation of a Downtown Rehabilitation Program 100,000.00 9) Administration 89,000.00 II. That the FY77 project to construct a ramp at the main library shall be abandoned and that the $8,000.00 so assigned shall be transferred into the sewerage program above. III. That, in the event that the Discretionary application is denied by HUD, the Downtown Rehabilitation Program shall be deleted and not funded and the Residential Rehabilitation Programs shall be reduced from $125,000.00 to $100,000.00 IV. That, upon the receipt of State and Federal grant offers to assist in the acquisition of Forest River Conservation land, other Community Development funds allocated above may be temporarily utilized for the acquisition of property in antici- pation of reimbursement from the appropriate agencies. Funds shall only be utilized so as not to hinder or delay the implementation of any other projects. V. That the execution of the Community Development Program and the expenditure of funds shall be in accordance with all applicable Federal laws and regulations in- cluding those concerning employment, environment, and housing. Councillor Cawley offered the following motion: That the Mayor reconsider his allocations of the fiscal year 78' Community Develop- ment entitled as presented to the Salem City Council and reassess his priorities, pay special attention to avoiding committing the city to incurring long range operating expenses; to re-evaluate his decision not to utilize the "Contingency Fund" mechanism, and further to re-examine the city's committment to upgrading the housing stock of Salem as evidenced by fiscal '78's proposed allocation of "Community Development funds. 26 January 27, 1977 Councillor Bouley offered the following amendment to Councillor Cawley's motion. In addition, the allotment for "Administration" should be reduced to remain in line with the City of Salem's austerity program, i.e. prior level. Further, the Mayor will respond to the Council, in writing, by the next regular meeting indicating his priorities and any recommended changes. Motion as amended voted. Councillors Rochna, Atkins and Martineau recorded oppos- ed to the motion. 42. The following resolution recommended by the Mayor was adopted by a roll call vote Resolution - Phase III Sewer Project of 10 Yeas, 1 Absent: FEDERAL AUTHORIZATION TO FILE ORDERED: WHEREAS, the City of Salem, Massachusetts herein called the"Applicant", after thorough consideration of the various aspects of the problem and study of available data, has hereby determined that the construction of certain works, required for the treatment of sewerage, generally described as Phase III Improvements - Facili- ties Planning herein called the "Project", is desirable and in the public interest; and to that end it is necessary that action preliminary to the construction of said Project be taken immediately; and WHEREAS, under Section 466e, Title 33, of the United States Code, the United States of America has authorized the making of grants to aid in financing the cost of construc- tion of necessary treatment works to prevent the discharge of untreated or inadequately treated sewage or other waste into any waters and for the purpose of reports, plans, and specifications in connection therewith; and I WHEREAS, the Applicant has examined and duly considered said section of the United States Code, and related sections, and the applicant deems it to be in the public interest and to the public benefit to file an application under said section of the United States Code and to authorize other action in connection therewith; NOW, THEREFORE, BE IT RESOLVED BY the Honorable City Council of the City of Salem the governing body of said Applicant, as follows: 1. That the construction of said Project is essential to and is in the best interests of the Applicant, and to the end that said project may be constructed as promptly as practicable it is desirable that action preliminary to the construction thereof be undertaken immediately; 2. That the Mayor of the City of Salem be hereby authorized to file in behalf of the Applicant an application (in the form required by the United States and in conform- ity with 33 U.S.C. 466e) for a grant to be made by the United States to the applicant to aid in defraying the cost of construction of the sewerage treatment works described above; rf 3. That if such grant be made, the Applicant agrees to pay all the remaining costs of the approved Project, over and above the amount of the grant; �s January 27, 1977 4. That if such grant be made, the Applicant agrees to make provision satisfact- ory to the Commissioner of the Federal Water Pollution Control Administration for assuring proper and efficient operation and maintenance of the treatment works after completion of the construction thereof; 5. That the said Mayor of the City of Salem is hereby authorized to furnish such information and to take such other action as may be necessary to enable the Applicant to qualify for the grant; 6. That the said Mayor of the City of Salem is hereby designated as the authoriz- ed representative of the Applicant for the purpose of furnishing to the United States such information, data, and documents pertaining to the application for a grant as may required, and otherwise to act as the authorized representative of the Applicant in connection with this application. 7. That certified copies of this resolution shall be included as part of the application to be submitted to the appropriate State and Federal Agencies for a grant. Approved by the Mayor on February 1, 1977. The following Order recommended by the Mayor was adopted by roll call vote of 10 43. Yeas, 1 Absent: PensionAmbrose Doyle ORDERED: That Ambrose A. Doyle, (Born April 5, 1894) a Senior Engineering Aide in the Engineering Department of the City of Salem from March, 1915, be granted a pension. His annual salary at the time of his retirement is Ten Thousand Seven Hundred Sixty Six Dollars and Twenty Five Cents ($10,766.25) . He desires retirement under benefits of Chapter 32, Section 77D of the General Laws and does qualify under the same as he is over sixty-five (65) years of age and was employed over thirty-five (35) years. This pension amounts to Seven Thousand Seven Hundred Fifty One Dollars and Seventy Cents ($7,751.70) which is seventy-two per cent (72%) of Ten Thousand Seven Hundred Sixty Six Dollars and Twenty Five Cents ($10,766.25) . This pension shall be effective as of midnight Friday, February 4, 1977, and shall be paid from sums of money appropriated annually under "Annuities and Pensions" in weekly installments. Approved by the Mayor on February 1, 1977. On the motion of Councillor Plante it was also voted to send a letter of commends- tion, and a placque to Mr. Doyle in appreciation of his many years of service. The Mayor submitted an Ordinance to amend the Ordinance relating to the Classifi- 44. Salary Ordinance cation and Salary Schedule of Certain Employees effective July 1, 1976 and adopted for amendments - effect. second and final passage on January 13, 1977, correcting errors made in the computation 7/1/76 - First Passage of salaries and wages in various job groups. On the motion of Councillor Atkins, Ordinance adopted for first passage by a roll call vote of 10 Yeas, 1 Absent. On the motion of Councillor Cawley it was also voted to refer the salary schedule to the City Auditor for examination and review, he to report back to the Council prior to the next Council meeting. January 27, 1977 - Salary Ordinance 45 The Mayor submitted an Ordinance to amend the Ordinance relating to the Salary amendments effective /1/77 - First Passage Schedule of certain City Employees effective January 1, 1977, and adopted for second and final passage on January 13, 1977, correcting errors made in computation of salaries and wages in various job groups. On the motion of Councillor Atkins Ordinan- ce adopted for first passage by a roll call vote of 10 Yeas, 1 Absent. On the motion of Councillor Cawley, it was also voted that the salary schedule be forwarded to the City Auditor, he to examine and review it and report back before the next Council meeting. 46 The Mayor's appointment of Anthony Tonelli, 12 First Street as Constable for one Mayor's appt. Constable Anthony Tonelli year effective February 1, 1977 was received and placed on file. The Council recessed at 9:00 P.M. and reconvened at 9:05 P.M. Snow & Ice Expenses Councillor Atkins requested Councillor Nowak to withdraw his objection on the appropriation of $150,000.00 for "Snow & Ice Expenses". Councillor Nowak refused. 47 Councillor Plante offered the following Order which was adopted: Recreation - fees Adult program ORDERED: That the Committee on Municipal Services meet with the Recreation Comm- - ission and the Recreation Director to discuss the feasibility of establishing a fee system for adult programs. That the Council request a report and recommendations be submitted to the Council by the next regular meeting of February 10, 1977. 48 Councillor McCabe introduced the following Ordinance which was adopted for first Ordinance - No Parking Oak St. - First Passage passage: In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an ordinance relative to traffic (Parking Prohibited) Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 15, Section 51-B of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby amended by adding the following street in alphabetical order: "Oak Street, both sides, no parking 8:00 A.M. - 6 :00 P.M. Monday through Friday". SECTION 2. This Ordinance shall take effect as provided in the City Charter. 49 Councillor McCabe offered the following Order which was adopted: Oak St. - Snow Crest Trucks ORDERED: That the Committee on Municipal Services and the Ward Six Councillor meet with Lt. Jeffery, a representative of the Fire Department, concerning residents of Oak Street and representatives of Snow Crest about the continued and complete blocking of Oak Street by delivery of trucks at Snow Crest. ' 50 Councillor Grace offered the following Ordinance which was adopted for first First Passage - Traffic Hillside Ave. - delete passage: one-way In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to traffic (One Way Street) Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 15, Section 10 of the revised Ordinances of the City of Salem, January 27, 1977 Mass, 1952 is hereby amended by deleting the following street: "Hillside Avenue, from Colby Street to Witch Hill Drive on two courses in an easterly and northeasterly direction. SECTION 2. This Ordinance shall take effect as provided by the City Charter. Councillor Plante offered the following Order which was adopted: 51. Parking Survey ORDERED: That the Off Street Parking Commission, Planning Department and the Urbal Renewal Area Salem Redevelopment Authority conduct a survey of the future needs for parking in the urban renewal area. That the Council request a report and recommendations be submitted to the Council by the next regular meeting of February 10, 1977. Councillors Grace and McCabe offered the following Order which was adopted: 52. Rehabilitation ORDERED: That the Engineer and Planning Department look into the feasilibity of North River seeking additional funds for a general clean up, dredging and rehabilitation of the entire North River from Peabody to the Beverly area, with the possibility of restoring all of the waterfront property in the area. Additionally that the City Council forward a letter to the Beverly Aldermen, and Peabody City Council for the possibility of their communities also applying for the funds for the same project. Also that the Engineering Department immediately submit to the City Council an approximate cost analysis of this entire project. Councillor Cawley moved amendment " Mr. Justin Radlow of Mass. Department of Public Works or his designee be invited to participate in this study. Amendment adopte . Order as amended voted. - Councillor Plante offered the following motion which was defeated: Motion Budget meetings "That the President of the Council, and the Chairwoman of the Finance Committee, confer with the Mayor to arrage for joint meetings with department heads regarding their proposed fiscal 1978 budgets." Councillor Martineau offered the following report for the Committee on Licenses & 53Licenses and Permits Permits: It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted: NEW LICENSES TAXI OPERATOR Christopher Orfanides, 122 Foster St. , Peabody Deborah Raymond, 182A Essex St. , South Hamilton George A. Stanley, 98 Washington Sq. , Salem Councillors Grace and McCabe offered.'the following Joint Committee report: 54 The Joint Committees on Ordinances and Legal Affairs and Municipal Services to whom Ordinance - Water Dept. was referred the matter of an Ordinance revision of Chapter 29 (Water) of the Salem 30 we January 27, 1977 code of Ordinances of 1952, as saved from repeal by Chapter 32 of the Ordinances of 1973 has considered said matter and would recommend that the Ordinance as introduced in the October 28, 1976 meeting be adopted for first.passage. Committee report accepted and recommendation adopted by the adoption of the following Ordinance for first passage: (744) In the year one thousand nine hundred and seventy-seven. Ordinance - revision of Water Department An Ordinance revision of Chapter 29, of the Revised Ordinances of 1952, as amended, of the Salem Code of Ordinances. This Ordinance, as amended, to constitute Chapter 29 of the Salem Code of Ordinances of 1952, as saved from repeal by Chapter 32 of the Ordinances of 1973. Be it ordained by the City Council of Salem as follows: Chapter 29 of the Revised Ordinances of 1952, as amended, is hereby amended as follows: WATER C29 SECTION 1. WATER DIVISION CREATED, ETC. Amend by deleting. . . ."The City Engineer shall also be the Superintendent of Water", and substitute. . . ."The City Engineer shall appoint a superintendent of the Water Department." SECTION 6. REGISTRAR OF WATER DIVISION. Amend by deleting the entire section, including title, and inserting in place thereof the following: "SECTION 6. SUPERINTENDENT OF WATER DIVISION. The City Engineer shall appoint a superintendent of the Water Division who shall serve until his successor is qualified and appointed. Compensation shall be as fixed by the City Council." SECTION 7. SAME - POWERS AND DUTIES, GENERALLY Amend by deleting "registrar" wherever appearing and substitute "Superin- tendent of Water Department." SECTION 9. REGULATIONS. . . . Amend by deleting entirely, the Fifth, Sixth, Seventh and Eighth paragraph and inserting in place thereof the following new paragraphs. "Fifth. No plumber or other persons shall make any alteration or extension of any water pipe in any house or on any premises, without first giving notice to the Super- e„1 intendent of the Water Department and procuring a written permit from him, which permit FrtO�I shall be returned to such registrar within ten days after the completion of the work, endorsed with a statement of all pipe and fixtures altered, extended or removed. Any persons violating this regulation shall be liable to a penalty of twenty dollars for each offense. Sixth. No person shall let on or shut off the water from any service pipe except by written permission of the Superintendent of the Water Department, and any person violat- ing this regulation shall be liable to )a penalty of ten dollars. MR 31 January 27, 1977 Seventh. The Superintendent of the Water Department shall make all charges for water rates, excepting charges for metered water, to the owner of the property, and in every case the owner shall be liable for the water rates, except where the ownership is changed after water is shut off for nonpayment, in which case the new owner shall be _liable for the water rates from the time when the water is again let on." SECTION 12. SAME TO BE PRINTED. . . . . . . . . . . . . SECTION 16. SAME - PERMIT TO MAKE CONNECTION. . . . . . . SECTION 19. SAME '- WHEN BILLS FOR WATER. . . . . . . . . . . . SECTION 20. . REPORT OF LEAKS. . . . . . . . . . . . Amend by deleting "Registrar of the Water Division" and substituting "the Superintendent of the Water Department." ARTICLE II RATES AND CHARGES SECTION 21. SCHEDULE Amend by deleting entire first paragraph and substituting "Rates for the use of water shall be established by the City Council as recommended by the Superin- tendent of the Water Department and the City Council reserves the right without notice to alter, amend, or change the rates at any time for any year or fraction thereof and all persons taking water from the City Take it upon this express condition and not otherwise, namely: SECTION 24. ASSESSMENT AMEND by Deleting "Registrar" and substituting "Superintendent of the Water Department." SECTION 25. WHEN WATER REQUIRED FOR PURPOSES. . . . . . . . . Amend by deleting "City Council" and substituting "Superintendent of the Water Department." SECTION 28, NONPAYMENT. . . . . . . . . Amend by deleting "Registrar" and substituting "Superintendent of the Water De- partment," SECTION 29. ABATEMENTS Amend by deleting "Registrar" and substituting "Superintendent of the Water Department." Attendance reports of certain Boards and Commission were received and placed on 55. Attendance Reports file, of Boards & Commissions A request was received from Peter R. Harrington relative to purchasing four parcel 56. Tax Title Land of Tax Title Land on Baker's Island. He enclosed a plot plan of the Island showing Baker's Island the parcels as Lots 5, 11, 12, and 19. Councillor Boulay moved the matter be referred to the Committee on Community Development. Councillor Atkins amended, that copies be sent to the Conservation Comm- ission, City Engineer, Supt, of Public Property and City Solicitor. Voted. Motion as amended adopted. 32 January 27, 1977 Thomas J. Allen 57. A communication from Thomas J. Allen relative to certain matters pertaining to the City was received and placed on file. 58 - 61 The following applications for Taxi Operator Licenses were referred to the Commit- Taxi Operators tee on Licenses & Permits : Robert C. Ballum, Jr. , 98 Bridge Street, Salem James M. Fitzgerald, 1262 Federal Street, Salem Frank T. McDermott, 24 Carlton St. , Salem Steven R. Soucie, 63 Palmer St. , Salem 62 A list of renewals of certain licenses was referred to the Committee on Licenses Renewals of certain and Permits. Licenses 63 - 69 The following Claims were referred to the Committee on Ordinances and Legal Claims Affairs : Roland J. Belanger, 25 Willson St. , Salem Judith McCarthy, 116 Lafayette St. , Salem James V. Power, 57 Cliff St. , Lynn Fern Theriault, 5 Pearl St. , Salem William L. Venoit, 13 Wall St. Ct. , Salem Mrs. Chester F. LeBlanc, 44 Derby St. , Salem Leo Demeule, P,O, Box 333, Salem Second Passage (18) The matter of second passage of an Ordinance relative to Traffic was taken up. Snow & ice ,on streets Councillor Atkins moved the ordinance be amended prior to second passage by the adoption of the following "twenty ($20.00) dollars for each offense up to a maximum of two hundred (y00.00) dollars", so that the Ordinance shall read as follows : SECTION 1. "No person shall throw, plow or cause the placing of any ice or snow in and street so as to impede or obstruct the normal use of the travelled way. Any person violating the provisions of this section shall, upon conviction, be fined twenty (20.00) dollars for each offense up to a maximum of two hundred ($200.00) dollars. SECTION 2. This ordinance shall take effect as provided by the City Charter. Adopted for second and final passage as amended. (19) The matter of second passage of an Ordinance relating to Traffic was taken up Second Passage Towing Zones (Towing Zones - metered parking area) . On the motion of Councillor Plante the ordinanc was adopted for second and final passage. On the motion of Councillor Plante the meeting adjourned at 10:15 P.M. I1 t' 10) ATTEST: JOSEPHINE R. FUSCO CITY CLERK •33 February 3, 1977 Special-Meeting A Special Meeting of the City Council was held in the Council Chamber on Thursday, February 3, 1977 at 6 :50 P.M. for the purpose of discussing the matter of an appropria tion of $150,000,00 from "Surplus Revenue" to the Street Department "Snow & Ice Expen- ses", Notice of meeting posted February 1, 1977 at 1:30 P.M. Present were Councillors Atkins, Martineau, Saraceno, Rochna, Nowak, Cawley, Grace, Plante and Swiniuch, qW President Swiniuch presided. Councillor Rochna introduced the following report for the Committee on Finance. 70.Snow & Ice Removal The report was accepted and the recommendation adopted by the adoption of the Order as amended: The Committee on Finance to whom was referred the matter of an appropriation of $150,000.00 from "Surplus Revenue" account to the "Snow and Ice Expenses" account has considered said matter and would recommend that an appropriation of $125,000.00 be adopted. Order as amended as follows: (39) Appr. - Snow & Ice ORDERED: That the sum of One Hundred Twenty-five Dollars ($125,000.00) be and Expenses the same is hereby appropriated from the "Surplus Revenue" Account to the "Snow and Ice - Expenses" Account in accordance with the recommendation of His Honor the Mayor. Councillor Cawley was appointed to draw one Juror for Superior Criminal Court Juror at Salem, March 7th sitting: Roger J. Bohamon, 15 Turner St. , Manager On the motion of Councillor Plante the meeting adjourned at 7:20 P.M. ATTEST: JOSEPHINE R. FUSCO City Clerk 34 February 10, 1977 A regular meeting of the City Council was held in the Council Chambers on Thursday — February 10, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on February 4, 1977 at 2:52 P.M. All members were present. President Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. 71. Reappt. Housing Auth. The Mayor's reappointment of Stephen Zisson as a member of the Salem Housing Steve Zisson Authority for the term expiring February 1, 1982 was confirmed under suspension of the rules by a unanimous roll call vote. Reappt. Youth Commission The Mayor's reappointment of Carol Mulholland as a member of the Youth Commission arol Mulholland for the term expiring March 1, 1980 was confirmed under suspension of the rules by a unanimous roll call vote. eappt. Youth Commission The Mayor's reappointment of Henry C. Porter as a member of the Youth Commission Henry C. Porter for the term expiring March 1, 1979 was confirmed under suspension of the rules by a unanimous roll call vote. eappt. Youth Commission The Mayor's reappointment of Ann Marie Whalen as a member of the Youth Commission nn Marie Whalen for the term expiring March 1, 1980 was confirmed under suspension of the rules by a unanimous roll call vote. eappt. Youth Commission The Mayor's reappointment of Robert D. Leonard as a member of the Youth Commissio obert J. Leonard for the term expiring March 1, 1979 was confirmed under suspension of the rules by a unanimous roll call vote. i 72. The Mayor's appointment of Joaquin Antonio Jimenez, Jr. as a member of the Youth ppt. Youth Commission p oaquin Antonio Jimenez, Commission for the term expiring March 1, 1978, was received. On the motion of r. Councillor Martineau the confirmation was laid on the table until Mr. Jimenez's arrival. 73. A communication was received from the Mayor recommending the adoption of the Mayor's recommendation Resolution - 1978 Resolution for 1978 Community Development Funds as submitted to the Council on January Community Development Funds. (#41.) 27, 1977. On the motion of Councillor Martineau it was moved to waiver the reading of the letter. Councillor Cawley was recorded opposed. Councillor Rochna requested sus- pension of the rules to allow Planner Gregory Senko to speak. Councillor Martineau objected. On the motion of Councillor Atkins the Resolution as introduced January 27, 1977 �Y #41. was adopted by a Roll Call Vote of 9 Yeas, 1 Nay, 1 Present, Councillor Swiniuch voting Nay and Councillor Nowak voting Present. Resolution approved by the Mayor on February 14, 1977. Appt. (72.) Councillor Martineau moved to take the confirmation of Joaquin Antonio Jimenez, Joaquin Antonio Jimenez Jr. Jr. as a member of the Youth Commission from the table. Mr. Jimenez had not arrived. On the motion of Councillor Grace confirmation held over until next regular meeting. 35 -- February 10, 1977 The following Order was recommended by the Mayor. Councillor Boulay moved sus- 74. Appr. -Snow & Ice Payroll pension of the rules. Councillor Rochna objected. Order referred to the Committee on Finance under the rules: ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) be and the same is hereby appropriated from the "Surplus Revenue" account to the "Snow and Ice-Payroll" account in accordance with the recommendation of His Honor the Mayor. The following Order was recommended by the Mayor, Councillor Plante moved suspen- 75. Appr. - Highway sion of the rules. Councillor Rochna objected. Order referred to the Committee on Maintenance Payroll Finance under the rules : ORDERED: That the sum of Six Thousand Eight Hundred Thirty-Eight Dollars and Fifty-Eight Cents ($6,838.58) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Highway Maintenance - Payroll" Account in accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor was referred to the Committee on 76. Appr. Greenlawn Finance on the motion of Councillor Plante: Cemetery - Improvements ORDERED: That the sum of Two Thousand Dollars ($2,000.00) be and the same is hereby appropriated from the "Sale of Lots Fund" account as follows: One Thousand Dollars ($1,000.00) to the "Greenlawn Cemetery Improvements - Salary" account and One Thousand Dollars (1,000.00) to the Greenlawn Cemetery Improvements - Expense" account in accordance with the recommendation of his Honor the Mayor. The following Order recommended by the Mayor was referred to the Committee on 77. Appr. - Cemetery Finance on the motion of Councillor Rochna: Purchase of Vaults ORDERED: That the sum of Sixteen Hundred Dollars ($1,600.00) be and the same is hereby appropriated from the "Sale of Vaults Fund" account to the "Cemetery-Purchase of Vaults" account in accordance with the recommendation of His Honor the Mayor. The following Ordinance was submitted by the Mayor. Councillor Plante moved to 78. Ordinance - Restrain amend the Ordinance by deleting the words "any" before board fee and inserting the word of Dogs - First Passage "reasonable". Councillor Plante requested and received permission to withdraw his motion. Councillor Plante then moved the Ordinance be amended by deleting the word "any" before boarding fee and inserting the word "the". Motion adopted, by the adoptio of the Ordinance as follows, Councillor Grace abstaining from the voting: In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to the restraint of dogs. Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 5, Section 5-5 of the Code of Ordinances of the City of Salem is hereby amended by adding at the end of Section One, the following new paragraph: The Dog Constable or Assistant Dog Constable may take into custody any licensed dog found at large within the City of Salem in violation of the first paragraph of this Ordinance. The Dog Constable or Assistant Dog Constable shall then impound said dog at any licensed kennel within the City of Salem and notify the owner of the location 3�➢ February 10, 1977 where the dog may be claimed. The owner shall pay the boarding fee which may have accrued before the kennel shall be obligated to release the dog. If the owner does not claim the dog within three days of receipt of notice, the Dog Constable shall cause E a second notice to be sent to the owner by registered mail. If the owner does not { claim the dog within three days of receipt of the second notice, the Dog Constable 999 shall proceed against the owner for willful abandonment, pursuant to Chapter 272 Section 84 of the Massachusetts General Laws. SECTION 2. This Ordinance shall take effect as provided in the City Charter. 79. The Mayor's appointment of the following Constables for 1 year effective February Appt. of Constables Michael A. Bencal 15, 1977 was received and placed on file: nthony J. Bencal Michael A. Bencal, 19 Goodell St., Salem Anthony J. Bencal, 19 Goodell St. , Salem pp k' 80. The Mayor's appointment of Leo L. Caruso as a Constable for one year effective ppt. - Constable eo L. Caruso February 15, 1977 was received and placed on file. 81. Councillors Cawley and Grace offered the following Order which was referred to Evaluate Personnel Director position the Committee on Personnel and Salaries : ORDERED: That the position of Personnel Director be evaluated immediately due to 1 the fact that apparently no city ordinance creating this position was ever established. 82. Councillor Cawley offered the following Order. Councillor Plante moved Order Personnel - U.S. Civil Service Study be amended "to invite the Mayor and Personnel Director". Amendment adopted. Order as amendeladopted: ORDERED: That the Council Committee on Personnel and Salaries invite the Person- nel Board to the Committee's next meeting, and discuss the status of the U. S. Civil Service Commission's study. Be it further ordered that the Personnel Board acquaint the Committee with their procedures and policies. Be it further ordered that the Chairman of the Council Committee on Personnel and Salaries schedule the above meeting prior to the City Council's next regularly scheduled meeting. Amendment - to include the Mayor and Personnel Director. 83. Councillor Cawley offered the following Order which was adopted: Study Data Processing Dept. ORDERED: That the City Council's Committee on Municipal Services study the opera- tion and utilization of the City of Salem's Data Processing Capabilities, with a view toward evaluating current use of existing capacity as well as projected use prior to the beginning of the bid process occasioned by the impending expiration of the current leasing agreement. 84. Councillor Martineau offered the following report for the Committee on Licenses & Licenses & Permits Permits. On the motion of Councillor Cawley report accepted, recommendations adopted: The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted: 3'7 "— February 10, 1977 RENEWALS PASSENGER AUTOMOBILES Irving Taxi Inc. , 278 Derby St. (20 cars) TAXI OPERATORS Aime L. Pelletier, 50 Aborn St. , Peabody (1 car) Albert Avallon, 20 Garden Terr. , Salem Richard E. Cass, 133 Rainbow Terr. , Salem Leo J. Fortin, 122 Winter St. , Salem Kathleen A. Garlock, 116 Lafayette St. , Salem Bruce A. Irving, 1 Beach Ave. , Salem Raymond J. Kelley, 1 Devereux Ave. , Salem Richard P. Lawnsby, 17 Carlton St. , Salem Paul R. Moreland, 45 March St., Salem Ronald O'Hara, 75 Wyman Ave. , Salem Hilding E. Ohrstrom, Jr. , 30 Grant St. , Beverly Aime L. Pelletier, 50 Aborn St. , Peabody Dexter T. Robinson, Jr. , 26 High St. , Salem George A. Rey, 10 Bay View Circle, Salem Santo Salvatore, 31 Lothrop St. , Beverly Richard E. Smith, 117 Lafayette St. , Salem Dominic DiLorenzo, 25 Hobart St. , Danvers Robert L'Italien, First St. , Salem Michael S. Pietkewicz, 28 Sumner Rd. , Salem Patricia J. Yelverton, 195 Jefferson Ave. , Salem DIG SEAWORMS Philip P. Salvatore, 33 Riverdale Pk. , Gloucester John Kobierski, 48 Webb St. , Salem TAXI STANDS Joseph F. Kobierski, 48 Webb St. , Salem Irving Taxi, Inc. , 24 Federal St. , Salem (2 cars) Aime L. Pelletier, 179 Washington St. , Salem (1 car) NEW LICENSES TAXI OPERATORS Robert C. Ballum, Jr. , 98 Bridge St. , Salem James M. Fitzgerald, 1262 Federal St. , Salem Frank T. McDermott, 24 Carlton St. , Salem Steven R. Soucie, 63 Palmer St. , Salem Councillor Plante offered the following report for the Committee on Personnel and 85. Salaries: Juvenile Officer The Committee on Personnel & Salaries to whom was referred the Acting Marshal 's Police Department request that the Juvenile Officer in the Salem Police Department be upgraded to the title of Specialist, with the additional compensation of $500.00, has considered said matter and would recommend that the Marshal 's request be granted. Report accepted, adoption of recommendation voted. Councillor Cawley recorded opposed. Councillor Rochna offered the following report for the Committee on Finance. It 86. Veterans' Services was voted to accept the report and adopt the recommendations: Expenses (440.) The Committee on Finance to whom was referred the matter of an appropriation of $600.00 from the "Surplus Revenue" account to the "Veterans Services - Expenses" account has considered said matter and would recommend that the appropriation of $200.00 be adopted and the balance of $400.00 be left in Committee and be held in abeyance until copies of telephone bills are received as requested. Councillor Atkins offered the following report for the Committee on Municipal 87. Services: Dept. of Public Wks Director of Public The Committee on Municipal Services to whom was referred an ordinance refering to Dept. Services (4612-#13) of Public Works and an ordinance refering to Compensation of Director of Public Services has considered said matter and would recommend: 38 February 10, 1977 1. Adoption of the ordinance reference Department of Public Works with the following amendment: Sec. 2-409 Strike the word "three" and substitute therefore the word "two". 2. Adoption of the ordinance reference compensation of Director of Public Services with the following amendments : A. Add the following after the words "Annual .Salary"; provided however that y said salary shall be payable in two increments, $2,500. effective January 1, 1977, and $2,500, effective July 1, 1977. B. Strike February 1, 1977, as effective date of ordinance and substitute therefore January 1, 1977. On the motion of Councillor Martineau it was voted to divide the question, 1. The reorganization of the Department of Public Works 2. Director of Public Services 1 On the question of the Ordinance reorganizing the Department of Public Works, Ordinance as amended by the Committee report adopted for first passage by a roll call vote of 10 Yeas, 1 Nay, Councillor Nowak voting Nay. 2 Ordinance establishing the position of Director of Public Services. Councillor Plante made a motion to refer the question of the new position of Director of Public Services to the Personnel Bd. before first passage was defeated by a roll call vote of 2 Yeas, 8 Nays, 1 Present. Voting Yea Councillors Nowak and Plante. Voting Nay Councillors Atkins, Bouley, Cawley, Grace, Martineau, McCabe, Rochna and Saraceno. Voting Present was Councillor Swiniuch. Councillor Grace read an article that appeared in the Salem News in June stating that the City is saving one and one-half million dollars due to the City Engineer makin application for additional federal funds on the Phase II Sewer Project. The City's portion will now only be $700.00. Councillor Nowak read a communication from President Robert Fournier of Local 1818 Municipal Employees Union opposed to the new position, letter made a part of the record. Councillor Atkins stated that the establishment of a new position only requires 6 votes. Councillor Swiniuch stated it was his assumption that this Ordinance would require 2/3 votes for passage. Councillor Atkins appealed the ruling of the chair. Councillor Grace seconded the motion appealing the ruling of the chair. Chair is not upheld by roll call vote of 5 Yeas, 6 Nays. Voting Yea Councillors Martineau, Nowak, Plante, Rochna, and Swiniuch. Voting Nay Councillors Artkins, Bouley, Cawley, Grace, McCabe, Saraceno. Ordinance adopted for first passage (#13) by a roll call vote of 6 Yeas, 5 Nays. Voting Yea Councillors Atkins, Bouley, Cawley, Grace, McCabe, and Saraceno. Voting Nay Councillors Martineau, Nowak, Plante, Rochna, and Swiniuch. President Swiniuch asked Councillor McCabe to assume the chair. ; Councillor " Swiniuch served notice of reconsideration at the next regular meeting. Cauncillor 39 — February 10, 1977 Atkins stated reconsideration applies only on final action, not first passage. Councillor McCabe concured with Councillor Atkins. President Swiniuch reassumed the chair. On the motion of Councillor McCabe it was moved the Council President call a meeting of the Committee of the Whole before the next regular meeting, Councillor McCabe's motion as follows, adopted: That the Council President call a meeting of the Committee of the Whole before 4 the next regular Council meeting to discuss both the reorganization of the Department of Public Works, Ordinance and the Salary Ordinance for the Director of Public Services and invite representatives of City Unions in the affected departments and also the Commission members affected to address the ordinance proposals. A letter was received from City Auditor Charles T. Passales relative to the 88. uditor Salary Ordinance adopted for first passage on January 27, 1977, which was referred to Errors tinASalary him for review. It was voted to lay the matter on the table until the Ordinance comes Ordinance up for second passage under unfinished business. The following communication was received from City Planner W. Gregory Senko: 89, City Pursuant to your order of January 27, 1977 requesting a survey of the future needs parking needser re. for parking in the Urban Renewal area, the Off-Street Parking Commission, Planning Department and the Salem Redevelopment Authority have been unable to conduct same during this short time period before your February 10, 1977 meeting. I wish to advise you that the Planning Department, in conjunction with the Plann- ing Board, is conducting an up-date to the City's Master Plan which includes a section on transportation. This will be a comprehensive look at all facets of transportation in the community. Preliminary inventories on this section of the Master Plan will be available in March and I would respectfully request that the City Council wait until that time for this information. I further respectfully request that the City Council work closely with the Planning Department and the Planning Board on this effort of updating the Master Plan. Councillor Boulay moved the reading of the letter be waivered. Councillor Cawley opposed the motion. Defeated by roll call vote of 5 Yeas, 5 Nays, 1 Present. Councillor Cawley offered the following motion which was adopted by a roll call vote of 9 Yeas, 2 Nays, voting Nay Councillors Atkins and Boulay: "That the Council President on behalf of the Salem City Council communicate, in writing, to the City Planner that the Council does not consider the letter dated February 8, 1977 to be sufficient response to the Council order requesting "a survey of the future need for parking in the urban renewal area" dated January 27, 1977. And further that a copy of said communication be read into the minutes of the next council meeting. 40 February 10, 1977 Harbormaster's 90. The Harbormaster's Log was received and placed on file. (January, 1977) Log 91. A letter was received from Laurie Cabot requesting she be appointed the Official Laurie Cabot Official Greeter & Greeter and Official Witch of Salem. On the motion of Councillor Martineau it was Witch voted to waiver reading the communication. On the motion of Councillor Grace the matter was referred to the Committee on Licenses and Permits. i 92. - 97. The following applications for Taxi Operator Licenses were referred to the Comm- Taxi Operators ittee on Licenses and Permits : Gina L. Costantino, 127 Rainbow Terr. , Salem Roger A. Dube, Jr. , 111 Rainbow Terr. , Salem Willie T. Hairston, 9 Boardman St. , Salem Martin E. Kerrigan, 36 Fulton St. , Peabody Robert E. Ingalls, 19 Bryant St. , Salem James J. Lawry, Jr. , 75 Wyman Ave. , Salem 98. The application of Frederick W. Hutchinson, for a Junk Dealer's License at 15 Junk Dealer Frederick W. Hutchin- Robinson Road was referred to the Committee on Licenses and Permits. son 99. A list of renewals of certain licenses was referred to the Committee on Licenses Renewals of certain licenses and Permits on the motion of Councillor Atkins. 100. -109. The following Claims were referred to the Committee on Ordinances and Legal Claims Affairs : Tillie Abramooitz, 257 Washington St. , Salem Robert F. Armstrong, Jr. , 18 Bay View Ave. , Salem William Buttner, 176 Marlborough Rd. , Salem Benito Colon, 27 Union St. , Lynn Richard A. Dinges, 8 Buena Vista Ave. , Salem Arthur Marengi; ,73 Valley St. , Salem Mrs. Lena Nolan, 20 Boardman St., Salem Roger T. & Marilyn T. Poitras, 31 Cresent Drive, Salem George Speliotis, 11 Verdon St. , Salem Katherine W. McCarrick, 4 Hodges Ct. , Salem 110. The Sign Bond for Farmer's Choice, 44 Jefferson Avenue was referred to the Sign Bond 44 Jefferson Ave. Committee on Bonds and returned approved. (50.) The matter of second passage of an Ordinance relative to Traffic (delete - one- Second Passage Hillside Ave. - delete way, Hillside Avenue) was taken up. On the motion of Councillor Grace Ordinance one-way adopted for s econd and final passage. (48.) The matter of second passage of an Ordinance relative to Traffic (No Parking- Second Passage Oak St. - Parking Pro- Oak Street) was taken up. Councillor Plante requested unanimous consent to allow � } hibited Mr. Rachin of Snowcrest to speak. Councillor McCabe objected. Councillor. Cawley's motion for a 5 minute recess was defeated by a roll call vote of 5 Yeas, 5 Nays, 1 Present. Councillor McCabe offered the following amendment which was adopted: Oak St. - easterly side, no parking Monday through Friday, 8 A.M. to 6 P.M. Oak St. - westerly side beginning at a point 45 feet distant from Mason Street in a southerly direction, no parking Monday through Friday, 8 A.M. to 6 P.M. Ordinance, as amended adopted for second and final passage as follows : 4 February 10, 1977 In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited) . Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 15, Section 51-B of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby amended by adding the following street in alphabetical order: ® "Oak Street, easterly side, no parking Monday through Friday, 8:00 A.M. to 6:OOPM Oak Street, westerly side, beginning at a point forty five (45) forty five feet distance from Mason Street in a southerly direction, no parking Monday through Friday, 8:00 A.M. to 6:00 P.M." Section 2. This Ordinance shall take effect as provided by the City Charter. Councillor Plante served notice of reconsideration at the next meeting. The matter of second passage of an Ordinance amending the Salary Schedule effect- (44.) ive July 1, 1976 was taken up. Second Passage Salary Ordinance The following communication from the City Auditor was introduced: amendments - effective 7/1/76 - Amending Ladies and Gentlemen of the Council: (88.) #816-1976 The information requested in y City Auditor's 4 your directive of Januar 27 1977 is as follows: corrections 1. The July 1, 1976 Ordinance; Job Group XI Head Electric Water Pumping Station Operator Step 11 should read $240.60 .instead of $230.60. 2. The January 1, 1977 Ordinance: Job Group X Adult Service Coordinator - Library Step 1 should read $215.53 in- stead of $215.35. 3. There is a question in my mind as to the legality of the new positions created without an ordinance, since this present ordinance is a salary ordinance instead of a job creating ordinance. The following positions are in question. Job Group 51 Chief Audio Therapist Chief Speech Therapist Chief Accountant Assistant Chief Physicial Therapist Utilization Review Coordinator Continuing Care Coordinator Rehabilitation Counselor Assistant Director of Nursing Education I am willing to abide with the decision of the City Council as to the legality of above. Yours truly, s/ Charles T. Passales City Auditor Councillor Grace moved the Ordinance be amended prior to second passage by adding t the following: Insert in Job Group II-A Step I Step II Step III Recreation Leader Athletics (Girls) $124.02 $135.98 $144.30 Amendment voted. 42 s February 10, 1977 Councillor Atkins moved the Ordinance be amended to include the changes recommend- ed in the letter from the City Auditor. Voted. On the motion of Councillor Cawley it was voted to delete the positions in Job Group 51 referred to in the City Auditor's letter until the Committee on Personnel and Salaries meet with the Hospital Personnel Director and City Auditor relative to these new salaries. Ordinance u.,amended prior to second passage adopted by roll call vote of 11 Yeas, reading as follows : In the year one thousand nine hundred and seventy-seven. An Ordinance to Amend the Classification and Salary Schedule of Certain Employees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows : SECTIONI. The Ordinance rekating to the Classification and Salary Schedule of certain employees of the City of Salem, effective July 1, 1976, and adopted for final passage January 13, 1977, is hereby amended as follows : (a) Insert in Job Group II-A Step I Step II Step III Recreation Leader Athletics (Girls) $124.02 $135.98 $144.30 (b) Delete the following from Job Group III Constable - Peabody Museum 148.77 160.94 170.72 Essex Institute 147.71 .159.38 169.16 and insert in its place the following: Constable - Peabody Museum 143.05 154.75 164.15 Essex Institute 141.55 153.25 162.65 (c) Add the following under Job Group VII Assistant City Solicitor *Weekly salary up to but not exceeding this amount. (d) Delete the following from Job Group XI: Head Electric Water Pumping Station,Opr. 230.60 Junior Civil Engineer 215.05 234.60 244.00 and insert in its place the following: Head Electric Water Pumping Station Opr. 240.60 Junior Civil Engineer 215.85 236.18 245.96 (e) Add the following under Job Group XV: Director of Civil Defense *Weekly salary up to but not exceeding this amount. (f) Add the following under Job Group XVI: City Solicitor *Weekly salary up to, but not exceeding this amount. (g) Add the following under Job Group 50 - Special Category Planning Director - **Annual salary up to but not exceeding this amount. Director of Personnel**Annual salary up to but not exceeding this amount. Youth Coordinator -** Annual salary up to, but not exceeding this amount. Youth Worker - Annual salary up to, but not exceeding this amount. Assistant Youth Worker**Annual salary up to but not exceeding this amount. 43 February 10, 1977 (h) Delete the following from Job Group 51 - LONG TERM CARE FACILITY Annual Salary Chief Audio Therapist $15,546.58* Chief Speech Therapist 15,014.00* Chief Accountant 11,890.00* Assistant Chief Physicial Therapist 12,766.00* Utilization Review Coordinator 13,890.00* Continuing Care Coordinator 11,830.00* Rehabilitation Counselor 12,014.00* Assistant Director of Nursing Education 15,014.00* (i) Delete the following from Job Group Year Part-time: Matron - Health and insert in its place the following: Matron - Police SECTION 2. This Ordinance shall take effect as provided by the City Charter. The matter of second passage of an Ordinance amending the Salary Schedule effect- " (45.) ive January 1, 1977 was taken up. Second Passage Salary Ord. amendments Councillor Grace moved the Ordinance be amended prior to second passage b adding effect. 1/1/77 - P g y ng see #816-A 1976 the following: Insert in Job Group II-A Step I Step II Step III Recreation Leader Athletics (Girls) $127.74 $140.06 $148.63 Amendment voted. Councillor Atkins moved the Ordinance be amended to include the changes recommend- ed in the letter from the City Auditor. Voted. On the motion of Councillor Cawley it was voted to delete the positions in Job Group 51 referred to in the City Auditor's letter until the Committee on Personnel and Salaries meet with the Hospital Personnel Director and City Auditor relative to these new salaries. Ordinance as amended prior to second passage adopted by roll call vote of 10 Yeas, 1 Nay, Councillor Nowak voting Nay. Ordinance as amended reads as follows: In the year one thousand nine hundred and seventy-seven. An Ordinance to amend the Classification and Salary Schedule of Certain Employees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. The Ordinance relating to the Classification and Salary Schedule of Certain Employees of the City of Salem, effective January 1, 1977, and adopted for final 1 passage January 13, 1977, is hereby amended as follows: (a) Delete the following from Job Group II: Library Aide and insert in its place the following: Library Assistant (b) Insert in Job Group II-A: Step I Step II Step III Recreation Leader Athletics (Girls) $127.74 $140.06 $148.63 (c) Delete the following from Job Group III: Constable - Peabody Museum 153.23 165.77 175.84 Essex Institute 151.63 164.16 174.23 and insert in its place the following: Constable - Peabody Museum $143.05 $154.75 $164.15 Essex Institute 141.55 153.25 162.65 44 Februar}+ IO,- 1977 (d) Add the following to Job Group VII: Assistant City Solicitor - *Weekly salary up to, but not exceeding this amount. (e) Delete the following from Job Group X: Step I Step II Step III Adult Service Coordinator - Library $215.35 and inset in its place the following: Adult Service Coordinator - Library 215.53 (f) Delete the following from Job Group XI: Junior Civil Engineer $222.55 $242.10 $251.50 and insert in place the following: . Junior Civil Engineer 222.33 243.27 253.341 , (g) Add the following to Job Group XV: Director of Civil Defense - *Weekly salary up to, but not exceeding this amount. (h) Add the following to Job Group XVI: City Solicitor - *Weekly salary up to but not exceeding--this amount. (i) Delete the following from Job Group 50 - Special Category: Annual Salary Planning Director $16,028.00 Data Processing Coordinator 16,759.30 Director of Personnel - Negotiator 17,802.30 Youth Coordinator 12,441.05 Coordinator of Elderly Affairs 12,404.00 Youth Worker 10,462.40 Assistant Youth Worker 8,604.00 and insert in its place the following: � Planning Director $15,833.00** f . Director of Personnel - Negotiator 17,607.30** q Data Processing Coordinator 16,564.30 Youth Coordinator 12,246.05-'* Coordinator of Elderly Affairs 12,209.00 Youth Worker 10,267.40** Assistant Youth Worker 8,409.00** **Annual Salary up to, but not exceeding this amount. (j) Delete the following from Job Group 51 - Long Term Care Facility: Annual Salary Executive Director $22,028.00 Director of Fiscal Services 18,904.00 Director of Nursing 18,904.00 -; Physiatrist MID 40,780.00 Executive Secretary 11,500.00 Director of Personnel/Public Relations 11,404.00 v; Chief Physicial Therapist 16,526.00 Chief Occupational Therapist 16,526.00 Registered Nurse Clinical/Supervisor 15,404.00 Chief Audio Therapist 15,936.58 Chief Speech Therapist 15,404.00 Social Service Director 13,522.83 Activities Director 9,134.00 Chief Accountant 12,280.00 Assistant Chief Physical Therapist 13,156.00 Utilization Review Coordinator 14.,280.00 Continuing Care Coordinator 12,220.00 Rehbbilitation Counselor 12,404.00 Assistant Director of Nursing Education 15,404.00 and insert in its place the following: Executive Director $21,833.00 /11 Director of Fiscal Services 18,709.00* Director of Nursing 18,709.00 Physiatrist MID 40,585.00 Executive Secretary 11,305.00 Director of Personnel/Public Relations 11,209.00 Chief Physical Therapist 16,331.00* Chief Occupational Therapist 16,331.00* Registered Nurse Clinical/Supervisor 15,209.00 Social Service Director 13,209:00* Activities Director 8,939.00 (k) Delete the following from Job Group 53 Off Street Parking: Annual Salary Executive Director $13,280.00 and insert in its place the following: i . Executive Director 13,085.00 45 February 10, 1977 r (1) Delete the following Irom Job Group Year Part Time: j Matron - Health and insert in its place the following: Matron - Police ECTION 2. This Ordinance shall take effect as provided by the City Charter. The matter of second passage of an Ordinance amending the Water Department Ordinanc (744.) Second Passage Amend Chapter 29 hapter 29, was taken up. On the motion of Councillor Grace it was voted to amend Water Department rior to second passage by deleting under Section 9, Regulations, the entire 5th para - raph and advance the numbering of the subsequent paragraphs so they run consecutively. On the motion of Councillor McCabe ordinance adopted for second and final passage as amended. Councillor Nowak recorded opposed. Councillor Plane was appointed to draw four Jurors for Superior Court at Salem, Jurors - Superior March 1977 sitting: Court at Salem Alice Stillwell 111 Broadway Houseworker Patricia E. Casale 591, Summer Street Secretary Edward Wadach 7 Hodges Court Machine Assembler Anthony Black 3 Columbus Square Medical Technician Councillor McCabe was appointed to draw three Jurors for Superior Court at Lawrence, Jurors - Superior March 1977 sitting: Court at Lawrence Mary L. Harrington 81 Fort Avenue Asst. Librarian Clifford N. Abelson A-3 Loring Hills Ave. CPA Edward F. Thomas 72 Barstow Street Retired On the motion of Councillor Martineau the meeting adjourned at 12:05 A.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 4s February 15, 1977 Joint Public Hearin - Zoning The Salem City Council and Planning Board held a joint Public Hearing at Town Hall on Tuesday, February 15, 1977 at 7:30 P.M. for the purpose of discussing Chapter 808, Zoning amendments, Cluster Residential Development, Proposed Planned Unit Development and Flood Hazard/Wetland District Amendment, as proposed by the Planning Board on January 13, 1977 (#21) . The Public Hearing notice was posted on the City Hall Bulletin Board on February 7 1977 at 2:04 P.M. and published in the Salem Evening News on February 1, and February 8, 1977. Present were Councillors Swiniuch, Atkins, Plante, Rochna, Saraceno, Martineau and Boulay. President Swiniuch opened the meeting. Also present were members of the Plan- ning Board, Mr. Powers, Mr. Sadorski, Mrs. Burns, Mr. D'Amour, Mr. McDermott, and Susan Madison, secretary. Atty William Tinti and Building Inspector John B. Powers were in attendance, and David Lash of the Salem Planning Department. City Solicitor Tinti explained the changes proposed for the existing Zoning b Ordinance under the requirements of Chapter 808 of the General Laws. He also explained the "Cluster Zoning" and "Planned Unit Development." r David Lash of the Salem Planning Department explained the new Flood Hazard/Wetland District amendments. Mary Lou Tuttle questioned that change of lot size in R-3 Districts. . The members of the Planning Board were recorded in favor of the proposed amendment . Councillor Plante was recorded opposed to Public Hearing be held in Town Hall. On the motion of Councillor Atkins the hearing adjourned at 9:20 P.M. ATTEST: i JOSEPHINE R. FUSCO CITY CLERK C d ;�o `x r, r f� r,j February 16, 1977 Public Hearing - Zoning The Salem City Council and Planning Board held a Public Hearing at Town Hall on Wednesday, February 16, 1977 at 7:30 P.M. for the purpose of discussing the proposed "Moratorium" on the issuing of building permits, as submitted by the Planning Board on January 13, 1977 (#21.) . The Public Hearing notice was posted on the City Hall Bulletin Board on February 7, 1977 at 2:04 P.M. and published in the Salem Evening News on February 1, 1977. Present were Councillors Swiniuch, Plante, Saraceno, Atkins, Boulay, Grace and Cawley, City Solicitor William Tinti, Building Inspector John B. Powers, and Planning Board members Mrs. Burns, Mr. Sadowski,Mr.O°'Keefe, Mr. D'Amour, Mr. McDermott, and ecretary Susan Madison, and Mr. Walter Power. President Swiniuch opened the meeting and turned the floor over to Walter Power who explained that the moratorium would be for a two year period and would effect the R-3 and B-2 Zones. Speaking against the proposed moratorium, were Mr. Larry Burns, Business Manager of the Plumbers & Pipe fitters Union, Beverly McSwiggin, for the Bricklayer's Council, Jean Michaud of the North Shore Labor Council, Domonic Maraffa, representative of the. Laborer's Internation,-Local 14 of Salem, Eugene Ryan of the Master Builders Assoc. Atty. John R. Serafini, for the Highland Realty Trust, Mr. Robert Rimer, owner of Highland Realty Trust. President Swiniuch presented a letter from Loring Hills Developers Trust signed by Charles Quigley, in opposition. Speaking in favor of the proposed moratorium were Mr. D'Amour, Mr. O'Keefe, T. Sadorski, Mr. Power and Councillor Saraceno. Recorded opposed were Mario Cornacchio, Dominic Maraffa, Arthur Sletezni, George Sawtell, Edward Marraffa, and Joseph Bolduc, On the motion of Councillor Atkins the hearing adjourned at 9:45 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 1 j 48 February 24, 1977 A regular meeting of the City Council was held in the Council Chamber on Thursday, February 24, 1977 at 8 :00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on February 18, 1977 at 2 :30 P.M. All members were present except Councillor Boulay who arrived at 9:20 P.M. President Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. i� l�lp ill. The Mayor's re-appointment of Anthony V. Fletcher as City Engineer for one year Re-appt. City Engineer Anthony V. Fletcher expiring February 28, 1978 was received. Councillor Grace moved suspension of the rules. Councillor Nowak objected. Confirmation held over until the next regular meeting under the rules. 112. Appt. Walter H. Cook The Mayor's appointment of Walter H. Cook as a member of .the Historic District Historic District f Commission Commission for the term expiring March 1, 1979 was confirmed under suspension of the rules by a roll call vote of 10 -Yeas, 1 Absent. Mr. Cook is replacing Attorney Robert Ledoux. 113. The Mayor' s appointment of Patricia A. Duffy as a member of the Industrial Develop Appt. Patricia A. iDuffy - Industrial ment Financing Authority for a term of two years expiring April 1, 1979 was confirmed Develop. Financing Authority under suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. 114. The Mayor's appointment of Mr. Joseph M. Piemonte as a member of the Industrial Appt. Joseph M. Piemonte - Industrial Development Financing Authority for a term of four years expiring April 1, 1981 was Develop. Financing Authority confirmed under suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. 115. The Mayor's appointment of Mrs. Juliana Tache as a member of the Industrial Appt. Juliana Tache Industrial Develop. Development Financying Authority for a term of 3 years expiring April 1, 1980 was Financing Authority confirmed under suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. 116. The Mayor's appointment of James H. Scanlan as a member of the Industrial Develop- Appt. James H. Scanlan Industrial Develop. ment Financing Authority for a term of five years expiring April 1, 1982 was confirmed Financing Authority Eunder suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. 117. The Mayor's appointment of Roland N. St. Pierre as a member of the Industrial Appt. Roland St. Pierre - Industrial Development Financing Authority for a term of one year expiring April 1, 1978 was Develop. Financing Auth. confirmed under suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. 118. The Mayor's appointment of John A. Boris as a member of the Board of Park Comm- Appt. John A. Boris Park Commissioner issioners for the term expiring May, 1979 was confirmed under suspension of the rules by s`..rol+l:call smote of 10 Yeas, 1 Absent. 119. The Mayor's appointment of Atty. John J. Jennings as a member of the Board of Appt. Atty. John J. Jennings - Trustee Trustees for the J. Robert Shaughnessy Rehabilitation Hospital for a term expiring J. Robert Shaughnessy Rehab. Hospital July 1, 1979 was confirmed under suspension of the rules by a roll call vote of 10 Yeas 1 Absent. t 49 February 24, 1977 The Mayor's appointment of Robert Blenkhorn as a member of the Board of Trustees 120. Appt.-Bd. of Trustees of the J. Robert Shaughnessy Hospital for a term expiring July 1, 1979 was confirmed Hospital J Robertghnes under suspension of the rules by a' roll call vote of 10 Yeas, 1 Absent. Blenkhorn The Mayor's appointment of Mrs. Effie J. MacDonald as a member of the Board of Appt. - Mrs. Effie J. MacDonald - Trustee "j Trustees for the J. Robert Shaughnessy Hospital for the term expiring July 1, 1979 was confirmed under suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. ` The Mayor's appointment of Mrs. Mildred Moulton as a member of the Board of Appt. - Mrs. Mildred Trustees of the J. Robert Shaughnessy Hospital for a term expiring July 1, 1979 was Moulton - Trustee confirmed by a roll call vote of 10 Yeas, 1 Absent under suspension of the rules. The Mayor's appointment of Joseph R. Richard as a member of the Board of Trustees Appt.- Joseph R. Richard for the J. Robert Shaughnessy Hospital for the term expiring July 1, 1979 was confirmed Trustee under suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. The Mayor's appointment of Richard W. Lutts as a member of the Planning Board for 121. Appt.-Planning Bd. the term expiring May 1, 1980 was confirmed under suspension of the rules by a roll cal Richard W. Lutts vote of 10 Yeas, 1 Absent. Mr. Lutts is replacing Mr. Alfred Rosumek who has resigned. On the motion of Councillor McCabe it was voted to send a letter of commendation to Mr. Rosumek. The Mayor's appointment of Mrs. Joan P. Jennings as a member of the Board of 122. Appt.- Trustee Trustees for the Plummer Home for Boys for a five year term expiring February 1, 1982 Plummer Home For Boys was confirmed under suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. Joan Jennings Mrs. Jennings is replacing Mr. Arthur Peabody who has resigned. On the motion of Councillor Saraceno it was was voted to send a letter of commendation to Mr. Peabody. The Mayor's reappointment of Mrs. Mary M. Countie as a member of the Board of 123. Appt.- Board of Health for the term expiring the 1st Monday in February, 1980 was confirmed under Health - Mary M. Countie suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. The Mayor's apppintment of William L. Mahoney as a member of the Board of Trustees Appt.-Trustee Plummer Home for Boys of the Plummer Home for Boys for the term expiring February 1, 1982 was confirmed under suspension of the rules by a roll call vote of 10 Yeas, 1 Absent. The following Order was recommended by the Mayor. Councillor Atkins moved suspen- 124.. Appr. Off Street sion of the rules. Councillor Nowak objected. Referred to the Committee on Finance Parking - Bills under the rules : ORDERED: That the sum of Nineteen Thousand Eight Hundred Nine Dollars and Fifteen Cents ($19,809.15) be and the same is hereby appropriated from the "Parking Meters-On Street" account to the "Salem Offstreet Parking Commission-Bills" account in accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor was referred to the Committee on 125. Appr. Police Finance under the rules on the motion of Councillor Rochna: Payroll Accounts i 50 February 24, 1977 ORDERED: That the sum of Nineteen Thousand Four Hundred Eighty-Eight Dollars — and Seventy-Seven Cents ($19,488.77) be and the same is hereby appropriated from the "Parking Meters-Offstreet" account to the following: 1. The sum of Thriteen Thousand Seven Hundred Forty-Nine Dollars and Forty Cents ($13,749.40) to the "Police-Payroll" account. 2. The sum of Five Thousand Seven Hundred Thirty-Nine Dollars and Thirty- Seven Cents ($5,739.37) to the "Police-Laborers Payroll" account. JI"� In accordance with the recommendation of His Honor the Mayor. Appr. 126. The following Order recommended by the Mayor was adopted under suspension of the Veterans Services Relief & Burial Acct. rules on the motion of Councillor Rochna: ORDERED: That the sum of Sixty Thousand Dollars ($60,000.00) be and the same is hereby appropriated from the "Surplus Revenue" account to the "Veterans Services - Relief and Burial" account in accordance with the recommendation of His Honor the Mayor. Approved by the Mayor on March 2, 1977. Appr. 127. The following Order recommended by the Mayor was referred to the Committee on Witch House-Payroll " Bills Finance under the rules on the motion of Councillor Martineau: ORDERED: That the sum of Twenty-Nine Thousand Dollars be and the same is hereby appropriated from the "Witch House Receipts" account to the following: 1. The sum of Sixteen Thousand Five Hundred Dollars ($16,500.00) to the "Witch House-Payroll" account. 2. The sum of Twelve Thousand Five Hundred Dollars ($12,500.00) to the "Witch House-Bills" account. In accordance with the recommendation of His Honor the Mayor. 128. The following Order recommended by the Mayor was referred to the Committee on Appr. - Dutch Elm Bills. Finance under the rules on the motion of Councillor Rochna: ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) be and the same is hereby appropriated from the "Witch House Receipts" account to the "Dutch Elm-Bills" account in accordance with the recommendation of His Honor the Mayor. 129. The following Order recommended by the Mayor was referred to the Committee on Appr. Golf Course Supplies Finance under the rules on the motion of Councillor Martineau: ORDERED: That the sum of Seven Thousand Fifteen Dollars ($7,015.00) be and the same is hereby appropriated from the "Golf Course Receipts" account to the "Golf Course-Supplies" account in accordance with the recommendation of His Honor the Mayor. 130. The following Order recommended by the Mayor was referred to the Committee on Appr. $11,185.61 to various Payroll Accti . Finance under the rules on the motion of Councillor Grace: ORDERED: That the sum of Eleven Thousand One Hundred Eighty Five Dollars and Sixty-One Cents ($11,185.61) be and the same is hereby appropriated from the "Surplus Revenue" account to the following: 5 � ---- February 24, 1977 1. The sum of One Thousand Seven Hundred Seventy-Nine Dollars and Forty-Five Cents ($1,779.45) to the "Fire-Payroll"account. 2. The sum of Six Hundred Ninety-Four Dollars and Ninety-One Cents ($694.91) to the "Weights and Measures-Payroll" account. 3. The sum of One Thousand Nine Hundred Ten Dollars and Seventy-Five Cents ($1,910.75) to the "Purchasing-Payroll" account. 4. The sum of One Hundred Eight Dollars ($108.00) to the "Council on Aging-Payroll account. 5. The sum of One Thousand Nineteen Dollars and Seventy-Two ($1,019.72) to the "City Planning Department-Payroll"account. 6. The sum of Three Thousand Six Hundred Eleven Dollars and Sixty-Two Cents ($3,611.62) to the "Library-Payroll" account. 7. The sum of Two Thousand Sixty One Dollars and Sixteen Cents ($2,061.16) to the "Treasurer Data Processing-Payroll" account. In accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor was referred to the Committee on 131. Appr. Purchasing Finance under the rules on the motion of Councillor Martineau: Expenses ORDERED: That the sum of Five Hundred Sixty-One Dollars and Fifty Cents ($561.50) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Purchasing-Expense" account in accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor was adopted under suspension of the 132. Appr. Board of rules on the motion of Councillor Plante: Appeals - Bills ORDERED: That the sum of Two Hundred Twenty-Five Dollars ($225.00) be and the same is hereby appropriated from the "Surplus Revenue" account to the "Board of Appeals Bills" account in accordance with the recommendation of His Honor the Mayor. Approved by the Mayor on March 2, 1977. The following Order recommended by the Mayor was referred to the Committee on 133.Appr. Finance under the rules: Bowditch HouseRepairs & Restoration ORDERED: That the sum of Six Thousand Dollars ($6,000.00) be and the same is hereby appropriated from the "Witch House Receipts" account to the "Bowditch House - 7 Repairs and Restoration" account in accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor was referred to the Committee on 134. Finance under the rules: Appr. Personnel Dept Payroll ORDERED: That the sum of Four Hundred Sixty-Six Dollars and Forty-Four Cents ($466.44) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Personnel Department-Payroll" Account in accordance with the recommendation of His Honor the Mayor. February 24, 1977 i Workmen's Comp. 135. The following Order recommend by the Mayor was adopted on the motion of Councillo�— Payroll - Transfer McCabe: ORDERED: That the sum of Four Hundred Seventy-Six Dollars and Thirteen Cents ($476.13) be and the same is hereby transferred from the "Cemeteries-Payroll" account in accordance with the recommendation of His Honor the Mayor. 136. The following Order recommended by the Mayor was adopted on the motion of Transfer - Fire Bills 4 Councillor McCabe: ORDERED: That the sum of Four Thousand Five Hundred Dollars ($4,500.00) be and the same is hereby transferred from the "Fire-Hose" account in accordance with the recommendation of His Honor the Mayor. 137. The following Order recommended by the Mayor was referred to the Committee on Trans, within various Departments Finance. Councillor Cawley recorded opposed to the referral. ORDERED: That the following Department transfers be made: 1. The sum of Four Thousand Five Hundred Dollars ($4,500.00) from the "Public Property-Departmental Buildings-Payroll" account to the "Public Property-Administra- tion Payroll" account. 2. The sum of Ten Thousand One Hundred Eighty-Nine Dollars ($10,189.00) from the "Electrical-Traffic Signals and New Installation" account to the "Electrical- Payroll" account. 3. The sum of One Thousand Forty-Two Dollars and Forty-One Cents ($1,042.41) from the "Health Administration-Payroll" account to the "Health Division of Elderly Affairs-Payroll" account. 4. The sum of One Thousand Thirteen Dollars and Ninety-Eight Cents ($1,013.98) from the "Health Administration-Payroll" account to the "Enviromental-Payroll" account. 5. The sum of One Thousand Two Hundred Six Dollars and Thirty-Four Cents ($1,206.34) from the "Community Health-Payroll" account to the "Enviromental-Payroll" account. 6. The sum of Three Thousand Eighteen Dollars and Forty-Nine Cents ($3,018.49) from the "Community Health-Payroll" account to the "Solid Waste-Payroll" account. 7. The sum of Two Thousand Five Dollars and Sixteen Cents ($2,005.16) from the "Solid Waste-Expense" account to the "Solid Waste-Payroll" account. In accordance with the recommendation of His Honor the Mayor. 138. A communication was received from the Mayor relative to Council Order X640, Re. X640 - Appr. Veterans Services appropriating $600.00 from Surplus Revenue to Veterans Services "Expenses", which the Committee on Finance partially approved for $200.00. On the motion of Councillor Martineau the letter was received and placed on file. 139. The following Ordinance was recommended by the Mayor. Adopted for first passage q. Ordinance - Off St. ' Parking - Secretary by a roll call vote of 10 Yeas, 1 Absent on the motion of Councillor Plante: In the year one thousand nine hundred and seventy-seven. 53 -- February 24, 1977 An Ordinance to Amend an Ordinance Relating to Classification and salary of certain employees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Job Group 53 of the Classification and Salary Schedules of Certain Employ- ees, entitled "Offstreet Parking" shall be amended by striking out "Secretary" - Annual Salary - $8,781.68 and inserting in Job .Group VI the following: Step I Step II Step III Secretary $180.45 $196.08 $206.15 SECTION 2. This Ordinance shall take effect as provided by the City Charter. The following Resolution recommended by the Mayor was adopted by a roll call vote 140. on 10 Yeas, 1 Absent: Resolution Title VII Elderly Meal AGREEMENT TO PARTICIPATE IN TITLE VII ELDERLY MEAL PROGRAM Program ORDERED: WHEREAS, the City of Salem recognizes the need to provide more opportu- nities for low-cost nutrition for its elderly citizens; and WHEREAS, North Shore Elder Services, Inc. , a non-profit regional grantee for the federal Title VII Elderly Nutrition Program, and the Peabody Council on Aging, the regional nutrition service provider, have agreed to cooperate with the City of Salem and its Council on Aging by providing federal funds to staff and support a new congre- gate meal site in Salem, by providing hot meals at s rate of 90 per day (including 15 Meals-on-Wheels) , five days a week with federal funds, and to pay all costs associated with said meal program at least until the end of the federal fiscal year, September 30, 1977. NOW, THEREFORE BE IT RESOLVED BY the Honorable City Council of the City of Salem that: 1. The City of Salem, acting through its Council on Aging, agrees to cooperate in the operation of the new Title VII meal site; 2. In recognition of the benefits to the elderly citizens of Salem the City of Salem agrees to appropriate and pay to North Shore Elder Services, Inc. (the regional grantee) on a monthly basis, a sum equal to the amount of the previous month's collect- ions from donations from the new meal site participants. Such collections shall initially be deposited into a special account of the City of Salem and a monthly total of such deposits shall be certified by the Director of the Salem Council on Aging to f the Mayor and City Council to serve as the basis for appropriation. Donations from meal participants, while voluntary under Title VII regulations, shall be suggested at 50 cents per meal. Councillors Grace and Cawley offered the following Order jointly: 141. Examine Youth ORDERED: That the Committee on Personnel & Salaries meet with the Personnel Opportunity Program Department for discussion and examination of the summer Youth Opportunity Program, for the purpose of reviewing the selection process and the management of the program. Adopted. Councillor Grace moved that a report be made by the second meeting in 14arch. 54 I February 24, 1977 Ordinance - Trans. 142. Councillor Grace offered the following Ordinance which was referred to the of Public Property Committee on Ordinances and Legal Affairs on the motion of Councillor Cawley: In the year one thousand nine hundred and seventy-seven. An Ordinance providing for the transfer of Public Personal Property. Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. After Article XXV of Chapter 2 of the Salem Code of Ordinances the follow- ing is hereby added: ARTICLE XKVI- Transfer of Public Personal Proper Section 2-595 Transfer of Public Personal Property - Procedure If any officer of the City, having charge of any public personal property notified the Mayor and the City Council that, in his opinion, such public personal property is no longer required for public purposes, the City Council may thereafter authorize the Mayor, to sell or transfer or lease, provided that the Lease may not be for more than five years, said public personal property specifying the minimum amount and or minimum terms of said sale, transfer or lease, the Mayor may then accomplish said sale, transfe or lease for such minimum or larger amount and upon such minimum terms and any other terms as the Mayor shall consider proper. SECTION 2. This Ordinance shall take effect in accordance with the City Charter. 143. Councillor Martineau offered the following report for the Committee on Licenses Licenses & Permits and Permits. It was voted to accept the report and adopt the recommendations: The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted: RENEWALS TAXI OPERATOR John J. Ambrose, 25 Loris Rd. , Peabody Walter J. Coan, 16 Connors Rd. , Salem Wayne J. Cyr, 286 Washington St. , Salem Ralph W. Ditty, Jr. , 265 R Lafayette St. , Salem Raymond Fisher, 66 Mill St. , Middleton Robert Rt. Gagne, 336 Jefferson Ave. , Salem Ronald E. Leslie, 14 Lynch St., Salem Paul M. Manning. 117 Lafayette St. , Salem Jean E. Michaud, 9 Holten St. , Peabody John G. Tuttle, Jr. , 160 Park St. , Beverly Rosaire J. Verrette, 211 North St. , Salem Yvonne Verrette, 4 Berube Rd. , Salem Dorothy A. Duerden, 86 Congress St. , Salem Louis J. Morin, Jr. , 6 Glover St. , Salem NEW LICENSES JUNK DEALER Frederick W. Hutchinson, 15 Robinson Rd. , Salem TAXI OPERATOR Gino L. Costantino, 127 Rainbow Terr. , Salem Roger A. Dube, Jr. , 111 Rainbow Terr. , Salem Willie T. Harston, 9 Boardman St. , Salem Robert E. Ingalls, 19 Bryant St. , Salem Martin Kerrigan, 36 Fulton St. , Peabody James J. Lawry, Jr. , 75 Wyman Ave. , Salem 9 144. Councillor Plante offered the following report for the Committee on Committee on Personnel & Salaries - Job Group Personnel and Salaries. It was voted to accept the report and adopt the recommendation 51 positions & Personnel Director The Committee on Personnel and Salaries to whom was referred the matter of the Personne 55' ®. February 24, 1977 Directors position and certain positions in the Shaughnessy Rehabilitation Hospital listed in Job Group 51 of the Salary Ordinance, has considered said matter and submits the following progress report. The Personnel and Salaries Committee held a duly ad- vertised meeting in Council Chambers on February 24, 1977 at 4:00 P.M. for the purpose of discussing the above mentioned matters. All members of the committee were present along with the City Solicitor, City Auditor and the Personnel Director. After lengthy debate a motion offered by Councillor Saraceno to table both matters to a meeting next week carried with three in favor and two opposed. Councillor Rochna offered the following report for the Committee on Finance. It 145. Appr. Purchase of was voted to accept the report and adopt the recommendation. Vaults. (#77) The Committee on Finance to whom was referred the matter of an appropriation of $1,600.00 from the "Sale of Vaults Fund" account to the "Cemetery Purchase of Vaults" account has considered said matter and would recommend that the appropriation as recom- mended by the Mayor in the Feb. 10th meeting be adopted. Councillor Rochna offered the following report for the Committee on Finance. It 146. Highway Maintenanc was voted to accept the report and adopt the recommendation. Payroll Acct. (#75) The Committee on Finance to whom was referred the matter of an appropriation of $6,838.58 from the Surplus Revenue Account to the Highway Maintenance "Payroll account has considered said matter and would recommend that the appropriation be adopted as recommended by the Mayor in the Feb. 10th meeting. Councillor Rochna offered the following report for the Committee on Finance. It 147. Appr. Cemetery Dep was voted to accept the report and adopt the recommendation. Salary - expense accts. The Committee on Finance to whom was referred the matter of an appropriation of (#76) $2,000.00 from the Sale of Lots Fund account as follows - $1,000,00 to Greenlawn Cemetery Improvements - Salary and $1,000.00 to Greenlawn Cemetery Improvements- Expenses account has considered said matter and would recommend that the amount of $2,000.00 be adopted as recommended by the Mayor in the Feb. 10th meeting. Councillor Rochna offered the following report for the Committee on Finance, It 148. Appr. Snow & Ice was voted to accept the report and adopt the recommendations. Payroll (#74.) The Committee on Finance to whom was referred the matter of an appropriation of $20,000.00 from the Surplus Revenue account to the Snow and Ice payroll account has considered said matter and would recommend that the appropriation be adopted as recom- mended by the Mayor in the Feb. 10th meeting. Councillor Rochna offered the following report for the Committee on Finance. It 149. Appr. Veterans as voted to accept the report and adopt the recommendations. Services - Expenses The Committee on Finance to whom was referred the appropriation of $600.00 from the (440) "Surplus Revenue" account to the "Veterans Services-Expenses" account has considered aid matter and would recommend that the remaining $400.00 (left in Committee until the request for telephone bills was received) be adopted as recommended by the Mayor in the February 24, 1977 January 27th meeting. The other $200.00, was adopted at the Feb. 10th meeting. 150. On the motion of Councillor Grace the Council took a 5 minute recess at 9:05 P.M. Recess by a roll call vote of 6 Yeas, 3 Nays, 1 Present, 1 Absent. 151. The attendance records of certain Boards and Commission were received and placed Attendance - Boards & Commissions on file. 152. A communication was received from Walter B. Power, Chairman of the Planning Board /I Proposed Zoning Changes submitting the proposed changes in the Zoning Ordinances including changes required by General Laws, Chapter 808, Wetland and Flood Hazard Districts, Planned Unit Develop- ment, and Cluster Residential Development. Mr. Power Stated in his letter that the proposed Wetlands and Flood Hazard District must be acted upon by March 15, 1977 to avoid Federal restrictive measures. Councillor Cawley moved to divide the question. Voted. All the proposed amend- ments other than the Wetland and Flood Hazard District Ordinance were referred to the Committee of the Whole, who will meet with the Planning Board before first passage, on the motion of Councillor Cawley. 153. On the motion of Councillor Atkins the Ordinance establishing the Wetland and First Passage Wetland & Flood Hazard Flood Hazard Districts was adopted for first passage by a roll call vote of 11 Yeas. Districts 154. A communication was received from Attorney Barry D. Berkal stating that the J. Collection of bills J. Robert Shaughnessy Robert Shaughnessy Chronic Disease/Rehabilitation Hospital is contemplating entering Hospital into an agreement with Berkal, Stelman, &,.Davern to handle the collections of bills due and owing the hospital. Inasmuch as he is a trustee of the Hospital and thus a "special municipal employee", be is requesting the City Council approval of his exemption from the provisions of General Laws, Chapter 268A, Section 20. Councillor McCabe's motion to grant exemption was denied by a vote 5 yeas, 5 hays. On the motion of Councillor Cawley exemption denied. 155. A communication was received from County Commissioner John W. McKean requesting ounty Commissioners eet - City Hall the Council to invite the Commissioners to meet at City Hall. On the motion of Councillor Nowak it was voted that the Council President authorize and set up a meet= ing with the Commissioners. Y 156. A list of renewals of certain licenses was referred to the Committee on Licenses enewals - Licenses and Permits. 157. The application of Nathaniel W. Durgin, 149 Rainbow Terrace, Salem for a Taxi Taxi Operator athaniel W. Durgin Operator's License was referred to the Committee on Licenses & Permits. 158. The application of Charles Pearon, 1 Rice Street, Salem for a License to Dig Dig Seaworms Charles Pearson Seaworms was referred to the Committee on Licenses & Permits. February 24, 1977 The following Claims were referred to the Committee on Ordinances and Legal 159.-164. Claims Affairs : Raymond R. Deschamps, 14 Horton St. , Salem Robert M. Maguire, 53 Essex St., Salem Richard R. Croteau, 60 Rainbow Terr. , Salem Chester J. Chalupowski, 30 Andrew St. , Salem Mansfield Beauty Academy, 118 Washington St. , Salem Scott D. Snow, 464 Essex Street, Beverly The Sign Bond of Salem Motor Parts, 90 Lafayette Street was referred to the 165. Committee on Bonds and returned approved. Sign Bond 90 Lafayette Street Councillor McCabe requested and received permission to introduce a communication 166. Use Dump - Salem from Mrs. Rita M. Desmond which was received after the deadline. Mrs. Desmond's letter residents requested that the ordinance relative to dumping be amended to allow citizens of Salem access to the dump without fee. On the motion of Councillor Boulay the petition was referred to the Committee on Public Health for consideration before the next meeting. Confirmation of the Mayor's appointment of Joaquin Antonio Jimenez, Jr. as a (72.) Appt. Youth member of the Youth Commission for the term expiring March 1, 1978 was taken up. On Commission - Joaquin A. the motion of Councillor Grace appointment confirmed by a roll call vote of 9 Yaas, Jimenez, Jr. 2 Present. Voting present were Councillors Martineau and Nowak. The matter of second passage of an Ordinance to amend an Ordinance relative to (78.) Second Passage the restraint of dogs was taken up. On the motion of Councillor Saraceno ordinance Restraint of Dogs adopted for second and final passage, Councillor Grace voting present. Boarding fees r On the motion of Councillor Plante it was voted to take up reconsideration on (48.) Reconsideration second passage of the Ordinance prohibiting parking on Oak Street. Councillor McCabe Second Passage - Oak St offered amendments prior to second passage. Amendment adopted. Ordinance as amended Parking Prohibited adopted for second and final passage, to read as follows: In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an ordinance realtive to traffic (Parking Prohibited). Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 15, Section 51-B of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby amended by adding the following street in alphabetical order: "Oak Street, easterly side, no parking Monday through Friday, 8:00 A.M. to 6 :00 PM Oak Street, westerly side beginning at the intersection of Mason Street and runnin "-1 ) in a southerly direction for a distance of 220 feet, no parking, Monday through Friday 8:00 A.M. to 6 :00 P.M. Oak Street, westerly side beginning at a point 441 feet southerly from the inter- section of Mason Street to its terminus at Flint Street, no parking, Monday through Friday, 8:00 A.M. to 6 :00 P.M." SECTION 2. This Ordinance shall take effect as provided by the City Charter. Councillor McCabe requested and received permission to refer back to motions, 167. #orders and resolutions in order to submit the following Order which was adopted: Oak Service Zone February 24, 1977 ORDERED: That a service zone be established and suitably marked at the following location, on the westerly side of Oak Street at number 9 Oak St. for a distance of 221 feet as marked by signs. (12.) The matter of second passage of an Ordinance establishing a Department of Public Second Passage Establish - D.P.W. Works was taken up. A motion by Councillor Plante to amend prior to second passage e11 by deleting the Cemetery Department from the ordinance, was defeated by a roll call MiA vote of 5 Yeas, 6 Nays. Councillor Cawley moved to amend the ordinance prior to second passage by deleting the word ""tri-annually" and inserting "bi-annually" in Section 2-449, and deleting the word "three" and inserting "two" in Section 2-450. Amendments adopted. Ordinance as amended adopted for second and final passage by a roll call vote of 9 Yeas, 1 Nay, 1 Present. Voting Nay was Councillor Nowak and voting Present Councillor Swiniuch. Councillor Nowak filed notice of reconsideration at the next meeting. (13.) The matter of second passage of an Ordinance amending the Salary and Classificatio Second Passage Job Group 50 Schedule by adding in Job Group 50 - Director of Public Services, Annual salary $5,000.00 was taken up. The motion of Councillor Plate that it be referred to the Personnel Board for study was defeated. On the motion of Councillor Atkins ordinance adopted for second and final passage by a roll call vote of 6 Yeas, 5 Nays. Voting Yea were Councillors Atkins, Bouley, Cawley, Grace, McCabe and Saraceno, Voting Nay were Councillors Martineau, Nowak, Plante, Rochna and Swiniuch. Councillor Martineau filed notice of reconsideration at the next meeting. 168. On the motion of Councillor Cawley the letter sent by Councillor Swiniuch to Letter to City Planner re. parking survey City Planner W. Gregory Senko relative to his response bn_the Council's request for a parking survey, was read into the record and a copy to be sent to all Councillors. • On the motion of Councillor Martineau the meeting adjourned at 10:30 P.M. ATTEST: v JOSEPHINE R. FUSCO CITY CLERK • 9 -- March 10, 1977 A regular meeting of the City Council was held in the Council Chamber on Thursday, March 10, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notic of the meeting was posted on March 3, 1977 at 10:18 A.M. Councillor Plante was absent. President Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. The Mayor's appointment of Jacob S. Wolfson as a member of the Salem Historic 169. Appt. Historic Commission for the term expiring March 1, 1980 was confirmed under suspension of the Commission - Jacob S. Wolfson rules by a roll call vote of 10 Yeas, 1 Absent. Mr. Wolfson is replacing Mrs. Angela LeBlanc. 170. The following Order recommended by the Mayor was adopted under suspension of the Appr. - Firemen's rules: Payroll ORDERED: That the sum of One Hundred Sixty Four Thousand Six Hundred Two Dollars ($164,602.00) be and the same is hereby appropriated from the "Public Law #94-369 - Title II" account to the "Firemen's Payroll" account in accordance with the recommenda- tions of His Honor the Mayor. The following Order recommended by the Mayor was adopted under suspension of the 171. Appr. Library- rules: Expense Account ORDERED: That the sum of Fifteen Thousand Two Hundred Eight Dollars and Fifty Cents ($15,208.50) be and the same is hereby appropriated from the "State Aid to Libraries" Account to the "Library - Expenses" Account in accordance with the recommen- dation of his Honor the Mayor. The following Order recommended by the Mayor was adopted under suspension of the 172. Appr. City rules : Engineer Payroll ORDERED: That the sum of Four Thousand One Hundred Forty Three Dollars and Fifteen Cents ($4,143.15) be and the same is hereby appropriated from the "Surplus Revenue" account to the "City Engineer-Payroll" account in accordance with the recom- mendation of His Honor the Mayor. Councillor Cawley offered the following Ordinance which was adopted for first 173. Ordinance - Servic passage: Zone - Bridge St. First Passage In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to Traffic (Service Zones). Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 15, Section 13 of the Revised Ordinances of the City of Salem, Massachusetts, 1952 is hereby amended by adding the following: "Bridge Street, easterly side, beginning at a point fifteen (15) feet from the intersection of Lathrop Street and extending in a southwesterly direction for a distance of Thirty (30) feet as marked by signs." SECTION 2. This Ordinance shall take effect as provided by the City Charter. i _._ March 1D, 1977 Market Area 174. Councillor Cawley offered the following Order which was adopted: Management meeting ORDERED: That the Council Committee on Municipal Services meet with the Market f(` Area Management Commission to discuss matters of mutual interest. 175. Councillor McCabe offered the following Ordinance which was adopted for first Ordinance - Parking Prohibited - Oak St, passage: In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an ordinance relative to Traffic (Parking Prohibited) . Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 15, Section 51-B of the Revised Ordinances of the City of Salem., Mass. 1952 is hereby amended by deleting Oak Street in its entirety and inserting in place thereof the following: "Oak Street, westerly and southwesterly side beginning at a point forty (40) feet distance from Mason Street and running in a southerly direction, no parking Monday through Friday, 8:00 A.M. at 6 :00 P.M. Oak Street, easterly side beginning at the intersection of Mason Street and running in a southerly direction for a distance of 220 feet, no parking, Monday through Friday, 8:00 A.M. to 6 :00 P.M. Oak Street, easterly and northeasterly side beginning at a point 441 feet south- erly from the intersection of Mason Street to its terminus at Flint Street, no parking Monday through Friday, 8:00 A.M. to 6 :00 P.M. SECTION 2. This Ordinance shall take effect as provided by the City Charter. 176. Councillor Cawley offered the following Order which was adopted: Investigate Cable T.V. ORDERED: That the Council Committee on Regional Services explore the current license for cable television in the City of Salem, and explore the future of cable television in Salem. 177. Councillor Martineau offered the following report for the Committee on Licenses Licenses & Permits and Permits; it was voted to accept the report and adopted the recommendations : The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted: RENEWALS TAXI OPERATOR Wash H. Felings, 12 First St. , Salem NEW LICENSES TAXI OPERATOR Nathaniel W. Durgin, 149 Rainbow Terr. , Salem DIG SEAWORMS Charles Pearson, 1 Rice St. , Salem DIG BAIT Charles Pearson, 1 Rice St. , Salem 178. Councillor McCabe offered the following report for the Committee on Personnel haughnessy Hospital and Salaries. It was voted to accept the report and adopt the recommendation. Positions in Job Group 51 Councillor Cawley recorded opposed to the acceptance of the report: March 10, 1977 The Committee on Personnel and Salaries to whom was referred the matter of the follow- ing positions in Job Group 51: Chief Audio Therapist, Chief Speech Therapist, Asst. Chief Physicial Therapist, Utilization Review Coordinator, Continuing Care Coordinator, Rehabilitation Counselor, Asst. Director of Nursing Education, has considered said matter and would recommend that the City Solicitor's written opinion dated Feb. 24, 1977 be accepted. l\ Councillor Rochna offered the following report for the Committee on Finance. 179. Appr. Personnel Report accepted and recommendation adopted by a roll call vote of 6 Yeas, 3 Nays, 1 Dept. Payroll (#134.) Present. Councillor Nowak recorded present: The Committee on Finance to whom was referred an appropriation of $466.44 from "Surplus Revenue" to "Personnel Department - Payroll" has considered said matter and would recommend that the order as recommended by the Mayor in the February 24, 1977 meeting be adopted. Councillor Rochna offered the following report for the Committee on Finance: 180. Appr. Purchasing The Committee on Finance to whom was referred the appropriation of $561.50 from Department (#131.) Surplus Revenue to Purchasing-Expense has considered said matter and would recommend that the order as recommended by the Mayor in the February 24, 1977 meeting be adopted. Report accepted, recommendation adopted. Councillor Rochna offered the following report for the Committee on Finance. It 181.Appr. Bowditch House - Repairs & was voted to accept the report and adopt the recommendations: Restoration (133.) The Committee on Finance to whom was referred the Appropriation of $6,000.00 from the Witch House Receipts to the "Bowditch House - Repairs and Restoration" has considered said matter and would recommend that the order as recommended by the Mayo in the Feb. 24, 1977 meeting be adopted. Councillor Rochna offered .the following report for the Committee on Finance: It was 182. Appr. Witch House voted to accept the report and adopt the recommendation: Payroll & Bills The Committee on Finance to whom was referred the appropriation of $29,000.00 from (127.) "Witch House Receipts" to the following: $16,500.00 to the "Witch House Payroll" account and $12,500.00 to the Witch House Bills account, has considered said matter and would recommend that the order as recommended by the Mayor in the Feb. 24, 1977 meeting be adopted. 1 Councillor Rochna offered the following report for the Committee on Finance: 183. - '/ Appr. Dutch Elm The Committee on Finance to whom was referred the appropriation of $10,000.00 from Bills (128.) "Witch House Receipts" account to the "Dutch Elm Bills" account has considered said matter and would recommend that the order as recommended by the Mayor in the Feb. 24, 1977 meeting be adopted. It was voted to accept the report and adopt the recommendation. Councillor Rochna offered the following report for the Committee on Finance; it 184. =i- Golf Course Supplie' vas votedto accept the report d.anadopt the recommendation: March 10, 1977,. The Committee on Finance to whom was referred the appropriation of $7,015.00 from Golf Course Receipts account to "Golf Course Supplies" account has considered said matter and would recommend that the order as recommended by the Mayor in the Feb. 24, 1977 meeting be adopted. 185. Councillor Rochna offered the following report for the Committee on Finance; it Appr. - Various 1 Salary Accounts was voted to accept the report and adopt the recommendations:by a roll call vote of (JI (130.) 6 Yeas, 3 Nays, 1 Absent, 1 Present: The Committee on Finance to whom was referred the appropriation of $11,185.61 from Surplus Revenue account to the following: 1. $1,779.45 to Fire Payroll Account 2. $694.91 to Weights and Measures Payroll. 3. $1,910.75 to Purchasing Payroll. 4. $108.00 to Council of Aging Payroll. 5. $1,019.72 to City Planning Dept.-Payroll. 6. $3,611.62 to Library-Payroll account. 7. $2,061.16 to Treasurer Data Processing- Payroll, has considered said matter and would recommend that the order as recommended by the Mayor in the Feb. 24, 1977 meeting be adopted. 186 Councillor Rochna offered the following report for the Committee on Finance: It Trpnsfers - various departments (137) was voted to accept the report and adopt the recommendations : The Committee on Finance to whom was referred the following Department transfers : 1. $4,500.00 from "Public Property"- Departmental Buildings account to Public Property Administration Payroll account. 2. $10,189.00 from "Electrical" Traffic Signals and New Installation account to Electrical Payroll account. 3. $1,042.41 from "Health Administration - Payroll" account to the Health Division of Elderly Affairs Payroll account. 4. $1,013.98 from "Health Administration - Payroll account to the "Enviromental Payroll: account. 5. $1,206.34 from "Community - Health Payroll" to the Enviromental-Payroll account. 6. $3,018.49 from Community Health - Payroll account to "Solid Waste-Payroll" account. 7. $2,005.16 from "Solid Waste Expense" account to "Solid Waste Payroll" account. has considered said matter and would recommend that the order as recommended by the Mayor in the Feb. 24, 1977 meeting be adopted. 187. Councillor McCabe offered the following report for the Committee on Personnel & a Position of Personnel 4' Director Salaries. On the motion of Councillor Grace it was voted to laid the report on the table until the Personnel Board forwards to the Council a job description of list of duties for the Personnel Director: The Committee on Personnel and Salaries to whom was referred the matter of the Personnel Director's position has considered said matter and would recommend that the City Solicitor's written opinion dated Feb. 22, 1977 be accepted. Delay - 30 days 188. A communication was received from the Planning Board requesting a delay of 30 days M%ratorium - B-2 & R-3 on the proposed moratorium of building in B-2 and R-3 zones. On the motion of Council- Zones. for Martineau the communication was received and placed on file. On the motion of C3 March 10, 1977 Councillor Grace it was voted that a list of enclosed labor leaders be invited to a meeting with the Council and Planning Board of the proposed zoning change. The Harbormaster's Log for February was received and placed on file. 189. Harbormaster's Log ; The attendance records of certain Boards and Commission were received and placed February. on file. 190. Attendance records A communication from Philip P. Pickett, 42 Irving Street, a;t:,former employee of 191.Mr. Philip Pickett the Health Department requesting payment of sick leave was referred to the Committee on Sick time Personnel & Salaries on the motion of Councillor Boulay. A communication was received from Laurie Cabot regarding her request to be named 192. Laurie Cabot official Witch of Salem be tabled until such time as she can witness the action on such Official Witch petition. On the motion of Councillor Grace the communication was referred to the Committee on Licenses and Permits, and Laurie Cabot be notified of meeting on her request. 193. A request was received from the Easter Seal Society to solicit funds in Salem, Tag Day Saturday, March 26th from 10:00 A.M. to 4:00 P.M. at three locations - 1. Rich's Easter Seal Society Shopping Plaza, 2. Vinnin Square, 3. Hawthorne Square (Highland Ave.) . On the motion of Councillor Grace permission granted. A request was received from "Horizons for Youth" for the local Knights of Pythias 194. Tag Day s Lodge to conduct a Tag Day in Salem on May 27 and May 28, 1977. On the motion of Knights of Pythias Kiddie Kamp Councillor Cawley the request was laid on the table until a local representative of the organizationappear before the Council. A request was received from the V.F.W. for permission to hold their Annual Poppy 195. V.F.W. - Poppy drive May 26 and May 27, 1977 with a "Rain Cleck" day of May 28. On the motion of Drive Councillor Rochna permission granted. {stl A A communication was received from Mr. M. . p .Robert MStPierre requesting permission 196 � 1 Purchase Lot #7 to purchase city owned land at 23 Mooney Road (Lot#7) . On the motion of Councillor Mooney Road t McCabe the request was referred to the Committee on Community Development. A petition was received from Albert G. Doane, Inc. , to move a building from 161 197. Move a Building Essex Street to the Corner of Charter and Liberty Streets. Atty. Michael Stilman, for Charter & Liberty Sts. the Peabody Museaum was given unanimous consent to speak. He explained that is a museum building that is being moved from one location on their property to another. ' On the motion of Councillor Martineau permission granted. "2 The application of the Canadian Klondike Club for a Beano Party Permit for Mondays 198. 'G Beano - Klondike j; was granted on the motion of Councillor Rochna. Club The application of Carl W. Stinson for a special one day auctioneer's license for 199. Auctioneer's Lic. March 26, 1977 at Hamilton Hall, was granted on the motion of Councillor Nowak. One Day March 10, 1977 Auctioneer's The application of Manuel J. Raymond, Jr. , 120 Boston Street, Salem was referred Lic. - Manuel J. Raymond to the Committee on Licenses & Permits. 201. The application of Henry R. Theriault, 47 Butler Street, Salem for the renewal Auctioneer's License Henry R. Theriault on his Auctioneer's License was granted on the motion of Councillor Grace. 202. The application of Michael J. Gormalley, 9 Cedarview Ave. , Salem for the renewal Public Guide Michael J. Gormalley of his Public Guide License, was granted on the motion of Councillor Boulay. 203. A list of renewals of certain licenses was referred to the Committee on Licenses Renewals of certain licenses. and Permits. 204.-205. The following Claims were referred to the Committee on Ordinances and Legal Claims Affairs : C. Joseph Hincman, 14 Japonica St. , Salem Dorothy Vibert, 11 Grafton St. , Salem 206. The Bond of City Collector Thomas Sullivan was referred to the Committee on Bonds Public Official Bond City Collector and returned approved. 207. The Building Moving Bond of Albert G. Doane, Inc, for the removal of a building Bond - Move a Building Albert G. Doane, Inc. from 161 Essex Street to the corner of Charter and Liberty Streets was referred to the Committee on Bonds and returned approved. 208.-209. The following sign bonds were referred to the Committee on Bonds and returned Sign Bonds approved: Peter B. Meo d/b/a Colonial Men's Shop, 216 Essex St. , Salem Ross Monson Kolhonen d/b/a/ The Record Exchange, 120 Lafayette St. (111.) Confirmation of the Mayor's appointment of Anthony V. Fletcher as City Engineer Appt. - City Engineer Anthony V. Fletcher for a one year term expiring February 28, 1978 was taken up. Appointment confirmed by roll call vote of 9 Yeas, 1 Absent 1 Present. (12.) Councillor Nowak moved that ordinance establishing a Department of Public Works, Ordinance creating D.P.W. adopted for second passage on February 24, 1977, be taken up for reconsideration. Motion defeated by a roll call vote of 2 Yeas, 8 Nays, 1 Absent. (13.) Councillor Martineau moved the ordinance amending the Salary Schedule be adding Ordinance - salary Director of Public to Job Group 50 "Director of Public Services" annual salary, as adopted for second Services passage on February 24, 1977, be taken up for reconsideration. Motion defeated by a roll call vote of 3 Yeas, 7 Nays, 1 Absent. (139. The matter of second passage of an Ordinance relative to the compensation of the Second passage Off Street Pairkigg Secretary - Off St. Parking, was taken up. On the motion of Councillor Saraceno the Secretary ordinance was adopted for second and final passage by a roll call vote of 10 Yeas, 1 Absent. �5 i' March 10, 1977 The matter of second passage of the Ordinance establshing the Wetlands and Flood (153.) Second Passage & Flood Hazard Districts was taken up, Councillor Saraceno offered some amendment prior to HazardWetlandDistricts second passage. Amendment adopted, Ordinance as amended adopted for second and final passage by a roll call vote of 10 Yeas, 1 Absent, Councillor Boulay moved immediate reconsideration, hoping it would not prevail. Reconsideration denied: In the year one thousand nine hundred and seventy-seven. An Ordinance to amend the Zoning Ordinance of the City of Salem by providing for "Wet- - lands and Flood Hazard Districts". An Ordinance to amend the Zoning Ordinance of the City of Salem by providing for "Wet- lands and Flood Hazard Districts", Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Section VII of the Zoning Ordinance of the City of Salem 1965 as revised 1969, 1972, 1974 and 1976 is hereby amended by adding after paragraph 0 the following: P. WETLANDS AND FLOOD HAZARD DISTRICTS 1, PURPOSE, a, To protect the health and safety of the occupants of lands subject to seasonal or periodic flooding. b, To protect persons and property from hazard and loss through the regulation of i future development of lands adjoining water courses, j c. To preserve the natural flood control characteristics and the water storage 7 capacity of wetlands and floodplains, and to protect against pollution and contamina- tion of such water supplies, and to conserve valuable habitats for wildlife including fisheries and shellfisheries. d. To insure the control and containment of sewage, and the safety of gas, electri , fuel, and other utilities from breaking, leaking, shortcircuiting, igniting or any other damage due to flooding. 2, DEFINITIONS, I The Wetlands and Flood Hazard Districts shall be considered as over-lying any other district established by this Ordinance and any use permitted in the portions of the I i district so overlaid may be permitted as an exception if authorized by a special permit by the Planning Board (see Subsection 4 and 5 below) . a. Wetlands are meadows, marshes, swamps, bogs and areas of flowing or standing i. water and the saline water contiguous with the shoreline. Wetlands are characterized by the presence of wetland soils and of plant communities which require the presence of water at or near the ground surface for a significant portion of the year, Specifically, the Wetlands District is designated as follows: i. As the areas designated on the maps titled "Wetland Areas of Salem, Massachusetts Nos. 01 through 31, prepared by Dr. Jerome Long, dated March 15, 1977, on file with the City Clerk which are incorporated herein as reference, including those areas designated as buffer zones. The boundaries of these Wetlands Districts shall be determined by the scaling istance on said maps, C6 March 10, 1977 ii. All saline waters and land from the mean high tide seaward to the municipal boundaries. Mean High Tide is elevation 8.8 feet Mean Low Water (4.44 feet Mean Sea Level) . b. The Flood Hazard District follows the boundaries of the 100-year floodplain which is defined as the relatively flat lowland which adjoins a watercourse or other body of water and which is subject to periodic flooding by the watercourse or water body at a storm frequency of 100 years. Specifically, the Flood Hazard district is defined as all areas designated as flood hazard areas (zones A, A3, Vc) as shown on the maps titled "FIA Flood Insurance Rate Maps" Nos. 01 through 06, City of Salem, Massachusetts, dated March 15, 1977, on file with the City Clerk which are incorporate herein by reference.* The Flood Hazard Districts affected by coastal flooding (zones A3, V3) are based on elevation 15.36 feet Mean Low Water (11.0 Mean Sea Level) . Boundary lines trace this elevation contour. Where it can be properly shown that land is above this elevation, that land shall not be considered as being included in the District. Any proposed use to be located within the limits of these Districts as determined by the Inspector of Buildings under Section I% of this Ordinance shall be governed by all regulations of this Section as well as all other applicable provisions of this Ordinance. Where the Inspector of Buildings is unable to determine the exact location of the I' i boundaries of the District, the Planning Board, with the assistance of the City Engineer and the Conservation Commission, shall make the necessary interpretation. 3. PERMITTED USES. The Wetlands and Flood Hazard Districts shall be considered as overlying other zoning districts. Any uses permitted in the portions of the zoningI districts so overlaid may be permitted as an exception if authorized by special permit by the Planning Board (see Subsections 4 and 5 below) . In the Wetlands and Flood Hazard Districts, the following uses are permitted as of right, provided that any and all permits, orders or approvals required by state or federal law shall have been obtained. a. Conservation of soil, water, plants and wildlife, including wildlife manageme ment shelters. b. Outdoor recreation, including play areas, nature study, boating, fishing, and hunting where otherwise legally permitted. C. Noncommercial signs g (as permitted in the underlying district) , wildlife management areas, foot, bicycle, and/or horse paths and bridges provided such uses do not affect the natural flow pattern of any water course. d. Agriculture of all types including but not limited to grazing, crop farming, nurseries, truck gardening and harvesting of crops. e. Forestry including landscaping and accessory uses such as flower or vegetable gardens, lawns and fences. I March 10, 1977 f. Temporary nonresidential structures used in connection with fishing or grow- ing, harvesting, storage or sale of crops raised on the premises. g. Unpaved access ways or unpaved accessory parking lots, substantially at grade which are not needed in conjunction with vehicle or machinery sales, repairs, or storage. h. Private paved driveways serving a single family residence where alternative means of access are inappropriate and not reasonably feasible. i. For single-family detached dwellings, two-family dwellings, or duplex houses existing at the time this Section is enacted, the expansion of these (or their accessory) uses to a maximum of fifteen (15) percent of that portion of the lot covered when this section is enacted, provided that such expansions conform to all other provisions of this Ordinance, and do not constitute substantial improvement of a structure. Substan- tial improvement means any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the actual market value of the structure either (a) before the improvement is started, or (b) if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this defini- tion "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions or (2) any alteration, restoration, or or rehabilitation (but not expansion) of a structure listed on the National Register o Historic Places. Structures erected or expanded under this subsection shall use construction materials and utility equipment that are resistant to flood damage, and construction methods and practices that will minimize flood damage in accordance with the Massachusetts State Building Code.* 4. SPECIAL PERMIT USES. In the Wetlands and Flood Hazard Districts no structure or building, including pipes and wells, shall be erected, constructed, substantially improved, enlarged, or otherwise created or moved; no area shall be paved; no earth or other material shall be stored, dumped, used as fill, excavated, or transferred; and no sediment shall be caused to be discharged from or onto a wetland, unless all the following conditions are found to exist as part of the granting of a Special Permit by the Planning Board: a. Thelpoposed use will comply in all respects to the uses and provisions of the underlying District in which the land is located. b. There is adequate convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets and property, particularly in the event of flooding of the lot(s) or adjacent lot(s) caused by either the overspill from water bodies or high runoff. C8 MW Match 10, ' 1977' c. Utilities, including gas, electricity, fuel, water, and sewage disposal, shall be located and .constructed so as to protect against breaking, leaking, short- circuiting, grounding or igniting or any other damage due to flooding.* d. The cumulative effect of the proposed development or use, when combined with pp all other existing and anticipated development and uses will not obstruct or divert F flood flow; substantially reduce natural floodwater storage capacity in the local AL drainage area; destroy valuable habitat for wildlife including fisheries or shell- fisheries; adversely affect groundwater resources or increase storm water run-off velocity so that water levels on other land are substantially raised or the danger from flooding increases. Further, in the Wetlands District only, the Planning Board shall also find the follow- ing conditions to be fulfilled: e. The proposed development or use shall not include the storage of salt, chemicals, petroleum products or other contaminating substances or the discharge of any polluting liquids or materials into streams, brooks or wetlands. (The polluting effects or substances on the Wetlands are to be gauged by the "Rules and Regulations for the Establishment of Minimum Water Quality Standards and for the Protection of the Quality and Value of Water Resources" of the Commonwealth of Massachusetts.) f. The floor lemel of areas to be occupied by human beings as living or work space shall be four (4) feet or more above the seasonal high water table. g. If the basement floor level is below the seasonal high water table and affords the possibility of human occupancy at some future date, although not origina- lly intended, adequate perimeter drainage and foundation shall be installed to with- stand the effect of pressure and seepage. Furnace and utilities are to be protected from the effects of leaching. h. If the lot is to be served by an on lot septic system, the leaching area de- signed for use, as well as a reserved area for future expansion or total future use, shall be plotted with dimensions on the site plan, and the leaching areas shall not be constructed where the seasonal high water table is less than 4 feet below the bottom of the leaching areas. Further, in the Flood Hazard District only, the Planning Board shall also find the following conditions to be fulfilled: i. The floor of the basement, or if none, the lowest floor of new construction 10 or substantial improvement of structures for residential uses shall be at or above the 100 year flood level.' j. The floor of the basement, or if none, the lowest floor of new construction or substantial improvement of structures for non-residential uses shall be at or above the 100 year flood level or the structures shall be flood-proofed to that level in compliance with the applicable requirements of the Massachusetts State Building Code.* Flood-proofing measures shall insure that the structure is watertight and that struct- ural compnnemts have the capability of resisting hydrostatic and hydrodynamic loads March 10, 1977 and the effects of buoyancy. Further, where the proposed use will be located within a Coastal High Hazard Area (zone V3 on the FIA Flood Insurance Rate Maps), the Planning Board shall also find the following conditions to be fulfilled: k. New structures or substantial improvements shall be located landward of the reach of Mean High Tide.* 1. New structures or substantial improvements shall be elevated on adequately anchored pilings or columns, and securely anchored to such piles or columns so that the lowest portion of the structural members of the lowest floor (excluding the pilings or columns) is elevated to or above the 100 year flood level. Space below the lowest floor shall be free of fixed obstruction.* M. The support of new structures or substantial improvements shall not be, in whole or in parts by the use of fill, 5. SPECIAL PERMIT PROCEDURE Any person (s) desiring such a special permit shall file an application in five copies to the Planning Board and one copy to the City Clerk which shall comply with the following submittal requirements: a. A site plan at a scale of 1" equals 20' shall be prepared by a registered land surveyor or registered professional engineer and shall show at least the following: i. Lot lines within which the development is proposed and the tie-in to the nearest road intersection; ii. The location, boundaries, and dimensions of each lot in question; iii. Two-foot contours of the existing and proposed land surface; iv. Location of existing and proposed structures, water courses, drainage and drainage easements, means of access, utilities, and sewer disposal facilities including leaching fields, if any. Proposed elevations should be noted. b. In the Wetlands District, a determination by a qualified engineer of the seasonal high water table, performed during the last two weeks of March or the first three weeks of April. A minimum of two percolation tests for each ,leaching area shall be performed. c. A written report describing the proposed development or use relative to each of the conditions of subsection 4. above. d. In cases of flood-proofing or pile construction, certification by a registered professional engineer or architect as to the elevation of flood-proofing measures and as to compliance with the applicable sections of the Massachusetts State Building Code concerned with flood depths, pressures, velocities, impact and uplift forces, and other factors associated with the base flood,* Where specific methods or techniques have been previously certified, the Planning Board may waive this requirement. e. A list of Federal, State, and other local permits required by the applicant. March 10, 1977 The Planning Board, shall, within 7 days after the filing of said application, trans- mit one copy of said application and 'plan to the Inspector of Buildings, City Engineer, - Board of Health and Conservation Commission who may, at their discretion, investigate the application and report in writing their recommendation to the Planning Board. The Planning Board shall not take final action on such plan until it has received a. report l '.'q thereon from the Inspector of Buildings, City Engineer, Board of Health and Conserva- tion Commission or until thirty-five (35) days have elapsed after distribution of such k without a submission of a report. The Planning Board shall hold a Public Hearing on said application as soon as possible after receiving the above reports, in accordance with Chapter 40A of the Massachusetts General Laws. The Planning Board shall notify the applicant in writing of its decision on the special permit. The decision shall document the proposed development or use and the grounds for granting or refusing the special permit. The Planning Board may, as a condition of approval, require that the applicant give effective notice to prospective purchases, by signs or by recording the special permit at the Registry of Deedso of the wetland or flood hazard conditions associated with said premises and the steps undertaken by the petitioner or his k successor in title to alleviate the effects of same. 6. AREA AND YARD REGULATIONS. The portion of any lot within the Wetlands and/or Flood Hazard Districts may be used to meet the lot area, open space, and yard requirements for the underlying zoning district in which the lot is situated without application for a special permit. 7. VARIANCES. A variance may be granted from the provisions of this Paragraph P "Wetlands and Flood Hazard Districts" in accordance with the terms of this Zoning Ordinance and with the terms of Massachusetts General Laws, Chapter 40A, Section 10, but only upon the follow- ing additional terms and conditions: a. A special permit has been applied for in accordance with this paragraph and has been denied. b. The Board of Appeals shall only grant a variance from the provisions of this section upon: i. a showing of good and sufficient cause;* ii. a determination that failure to grant a variance would result in exceptional �l)hardship to the applicant;* iii. a determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expenses, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances;* and iv. a determination that the variance is the minimum necessary to afford relief.* c. Along with the petition for a variance hereunder, the petitioner shall file: i. A written report describing the proposed development or use relative to the conditions in subsection 7. above; 71 March 10, 1977 ii. The special permit application as filed with the Planning Board; iii. A copy of the Planning Board decision relative to the Special Permit. The Board of Appeals shall establish a hearing on the petition under the provisions of Chapter 40A of the Massachusetts General Laws and in accordance with the Board's administrative rules, Section IX, Paragraph C. and shall notify the Planning Board, City Engineer, Board of Health, Conservation Commission and Historical Commission of said hearing. The Board of Appeals shall notify the applicant in writing of its decision on the petition. In the event a variance is granted, the Board shall document in its decision the nature of the variance from the provisions of the Wetlands and Flood Hazard Districts as well as the grounds for its granting. A variance from the Flood Hazard District shall include the following statement: "The construction of a structure below the base flood level increases risks to life and property and will result in increased premium rates for flood insurance or to amounts as high as $25 for $100 of insurance coverage.*" The Board of Appeals shall, as a condition of the variance, require that a copy of the variance be recorded by the applicant at the Registry of Deeds. 8. ANNUAL REPORT The Planning Board shall maintain a file of all applications for special permit or var- iance under the Flood Hazard District and shall summarize these in its annual report. The summary shall be in a format acceptable to HUD and a copy of said report shall be sent to the following agencies: Flood Insurance Program Dept. of HUD JFK Building Boston, Massachusetts 02203 Federal Insurance Administrator Dept, of HUD 451 Seventh St. SW Washington, D.C. 20410 9. AMENDMENTS TO THIS PARAGRAPH P. The adoption of flood plain management zoning is a requirement for Salem's continued participation in the Flood Insurance Program of the Department of Housing and Urban Development (HUD) . The Flood Insurance Program provides previously unavailable flood insurance protection to property owners in flood-prone areas. The minimum HUD require- ments for flood plain management are noted in this ordinance by an asterisk(*). Future amendments to this Paragraph P. shall comply with these requirements or any subsequent modifications to these requirements. 10. APPLICATION. The provisions of this ordinance are not intended to repeal, amend, abrogate, annul, or interfere with any lawfully adopted ordinances, covenants, regulations or rules. How- ever, where this ordinance imposes greater restrictions, the provisions of this ordina- nce shall govern.* I March 10, 1977 SECTION II. This ordinance shall take effect as provided by City Charter. i 210. Councillor Cawley requested and received permission to refer back to the item r SRA - Third Heritage Plaza East Assoc. "Communications from City Officials. He then submitted a report from the Salem Agreement Housing Authority relative to their agreement with Salem Corporation (Third Heritage Plaza-East Association) and their current status. Communication received and placed on file. Juror Councillor Martineau was appointed to draw 1 Juror for the Salem Superior Court Salem Superior Court f April 4th sitting at Salem: ( Nina M. Saraceno 15 Barnes Road Clerk Jurors Councillor Saraceno was appointed to draw three Jurors for the Salem Superior Superior Court at Lawrence Court, April 4th Sitting, 1977 at Lawrence: Lucille M. Cecelski 12 Mall Street Assembler Mabel E. Latoszek 8 Phelps Street Saleslady Jeannette T. Joly 4 Skerry Street Chambermaid Juror Councillor Rochna was appointed to draw one Juror for Superior Court at Salem, Superior Court at Salem April 18th sitting. Donald C. Pomroy 18 Roslyn Street Metal Mechanic On the motion of Councillor Boulay the meeting adjourned at 9:55 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK ;3 March 24, 1977 A regular meeting of the City Council was held .in the Council Chamber on Thursday, March 24, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on March 18, 1977 at 2:40 P.M. All members were present except Councillor Boulay who arrived at 9:00 P.M. President Swiniuch presided. On the motion of Councillor McCabe it was voted to dis- pense with the reading of the record of the previous meeting. The Mayor's appointment of Allen W. Grace as a member of the Board of Trustees 211. Appt. Plummer Home of the Plummer Home for Boys for a term expiring May 1, 1981 was confirmed under sus- for Boys - Allen W. Grac c :. pension of the rules by a roll call vote of 8 Yeas, 2 Absent, 1 Present. Mr. Grace is replacing Atty. John J. Jennings, who resigned. The Mayor's appointment of Stephen Hemingway as a_member of the Human Rights 212. Appt. Human Rights Commission for a term expiring January 31, 1978, was confirmed under suspension of the Commission - Stephen rules by a roll call vote of 9 Yeas, 1 Present, 1 Absent. Mr. Hemingway is replacing Hemingway Rev. John P. Culloty who resigned. The following resolution recommended by the Mayor was adopted by a roll call vote 213. Resolution - Phase I of 10 Yeas, 1 Absent: Sewer Improvements ORDERED: That the City Council, on behalf of the City of Salem, adopt the follow- ing Resolution: "A RESOLUTION CONCERNING THE EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE PHASE II SEWERAGE IMPROVEMENTS PROGRAM." BE IT RESOLVED:by the City Council of the City of Salem, Massachusetts that the Mayor, as the City's chief executive officer, is hereby authorized to expend funds for the Phase II Sewerage Improvements Program. The approximate amount to be expended for the Phase II Construction Programsshall be $3.9 million. This amount shall be reduced by 75 percent and 15 percent by the Environmental Protection Agency and Massachusetts Division of Water Pollution Control respectively of the costs deemed eligible for participation for funding. The expenditure shall be from the Community Development Block Grant sewer allocations, authorized on August 28, 1975, February 26, 1976, and February 10, 1977. The expenditure shall occur, in accordance with all applicable U. S. Department of Housing and Urban Development rules and regulations, and in accordance with all applicable General Laws of the Commonwealth of Massachusetts. The following resolution recommended by the Mayor was adopted by a roll call vote 214. Resolution - of 10 Yeas, 1 Absent: Infiltration Inflow Study Program ORDERED: That the City Council, on behalf of the City of Salem, adopt the following Resolution: "A RESOLUTION CONCERNING THE EXPENDITURE OF COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR THE INFILTRATION/INFLOW STUDY PROGRAM." BE IT RESOLVED by the City Council of the City of Salem, Massachusetts that the Mayor, as the City's chief executive officer, is hereby authorized to expend funds for the .. .we f 74 I it March 24, 1977 Infiltration/Inflow Study Program. The approximate amount —Co be expended for Infilta- tion/Inflow Study Program shall be reduced by 75 percent by the Environmental Protect- ion Agency of the costs deemed eligible for participation for funding. The expendi- ture shall be from the Community Development Block Grant sewer allocations, authorized i on August 28, 1975, February 26, 1976, and February 10, 1977. The expenditure shall occur in accordance with all applicable U.S. Department of Housing and Urban Develop- ment rules and regulations, and in accordance with all applicable General Laws of the Commonwealth of Massachusetts. 215. The following Order recommended by the Mayor was referred to the Committee on Appr. - Snow & Ice Finance on the motion of Councillor Rochna: ORDERED: That the sum of Forty Thousand Dollars ($40,000.00) be and the same is hereby appropriated from the "Surplus Revenue" account to the "Street Department - Snow and Ice Expenses" account in accordance with the recommendation of His Honor the Mayor. 216. The following Order recommended by the Mayor was adopted on the motion of Council Appr. - Water Dept. Payroll for Grace: ORDERED: That the sum of Three Thousand Eight Hundred Twenty-Three Dollars and Twenty Cents ($3,823.20) be and the same is hereby appropriated from the "Surplus Revenue" account to the "Water Dept.-Payroll" account in accordance with the recommendation of His Honor the Mayor. 217. The following Order recommended by the Mayor was adopted on the motion of Council Appr. - Workmenfs Comp. for Martineau: ORDERED: That the sum of Two Thousand Five Hundred Twenty-Five Dollars (2,525.00) be and the same is hereby transferred from the "Park Department-Labor" account to the "Workmen's Compensation-Payroll" account in accordance with the recommendation of His Honor the Mayor. 218. The following Order recommended by the Mayor was adopted on the motion of Council Trans.- Workmen's Comp. low Martineau: ORDERED: That the sum of Two Thousand Five Hundred Twenty-Two Dollars and Fourteen Cents ($2,522.14) be and the same is hereby transferred from the "Water Department- Laborers Payroll" account to the "Workmen's Compensation-Payroll" account in accord- ance with the recommendation of His Honor the Mayor. 219. The Mayor's appointment of Charles E. Rehal, Jr. , 1 Allen Street, Salem as a Appt. Constable Charles E. Rehal, Jr. Constable was received and placed on file. 220. Councillor Grace offered the following Order which was adopted: Public Hearing - const'. Pickman Park area ORDERED: That the City Council conduct a Public Hearing with the Planning Board, concerning the proposed construction at "Pickman Park" by Salem Acres Inc. before said matter is considered and acted upon by the Planning Board, in order that the March 24, 1977 residents in the area and other interested parties may be heard. Councillor Swiniuch to set the date of the hearing. Councillor Rochna offered the following Order: T221. of ORDERED: That a study by made by the Committee of the Whole extending the term of Mayor &mCouncilice office for the Mayor and the City Council from the present two (2) year term to a four (4) year term commencing January 1, 1978 and further ordered that the findings of this order be acted upon at the April 14, 1977 meeting. Council President Swiniuch stated that this was a Charter provision and could not be acted upon unless the Charter was changed. On the motion of Councillor Plante the Order was referred to the Charter Study Committee. 1 Councillor McCabe offered the following Order which was adopted: 222. ORDERED: That the attached communication from the Market Agent be received and referrec Essexeeting St. Mall traffic to the Committee on Ordinances and Legal Affairs for a joint meeting as requested. The following is the attached letter: Dear Councillor McCabe: The Market Area Management Commission would like to initiate proceedings for a traffic ordinance pertaining to those areas within the Market Area which is bounded by Church and Front, and Washington and New Liberty, and which includes the separate market stall area. After several meetings with Marshall Charles Connolly, Lieutenant George Jefferies and other interested parties, a concensus has been achieved and the following steps are recommended: A. Tow Zone creation within the Market Area confines. B. A Traffic Moratorium will take place from the hours of 11:30AM to 2 :00 PM. All vehicles with the exception of bicycles and emergency vehicles will be excluded. The Market Agent is researching the feasibility of a chain being located at the New Liberty entrance. This chain will be placed on the bollards between the Peabody Museum and L. H. Rogers. The Off Street Parking Commission has been asked to man the four necessary operations for the placement and removal of the chain. The answer will be forthcoming. The Chain placement has been approved by Chief James Brennan and by Marshall Connolly. All the ramifications of the Moratorium are being researched by the Market Agent and it is hoped that with proper educational methods, no hardships will be incurred by the merchants. The Market Agent would like to meet with the Ordinance Committee at their earliest convenience so that this matter can be expedited. s/ Angela LeBlanc, Market Agent Councillor Martineau offered the following report for the Committee on Licenses & 223.Licenses & Permits Permits:, report accepted and recommendations adopted: �V March 24, 1977 The Committee on Licenses & Permits to whom was referred the matter of granting certai licenses has considered said matter and would recommend that the following be granted: RENEWALS TAXI OPERATORS Robert F. Moroney, 5 Ropes St. , Salem Joseph C. Stupakiewicz, 26 Williams St. , Salem JUNK DEALER Beaver Enterprises, Inc. d/b/a Naumkeag Salvage Co. , R-50 Broadway (Lionel R. Pelletier, Pres.) DRAINLAYER James J. McLaughlin, Gregory Island Rd. , So. Hamilton NEW LICENSES AUCTIONEER'S LICENSE Manuel J. Raymond, Jr. , 120 Boston St. , Salem 224. Councillor Rochna offered the following report for the Committee on Finance. j Appr. Off St. Parking Commission-Bills (124) Report accepted and recommendation adopted: The Committee on Finance to whom was referred an appropriation of $19,809.15 from "Parking Meters - On Street" to Salem Off Street Parking Commission Bills" account has considered said matter and would recommend that the appropriation as requested by the Mayor in the February24, 1977 meeting be adopted. 225. Councillor Rochna offered the following report for the Committee on Finance; ppr. Police Payroll & ills (125) report accepted and recommendation adopted: The Committee on Finance to whom was referred the appropriation of $19,488.77 from "Parking Meters Offstreet" account to Police - Payroll account $13,749.40 and to Police - Laborers Payroll $5,739.37 has considered said matter and would recommend that the appropriation as requested by the Mayor in the Feb. 24, 1977 meeting be adopted. 226. Councillor Martineau introduced a Committee on Licenses & Permits report rel. Passenger Cars to the application of Yellow Cab of Salem for 9 Passenger Cars at 231 Washington St. Yellow Cab of Salem Councillor Swiniuch moved that matter was out of order as the application from Yellow Cab of Salem had not yet come before the Council. Councillor Martineau stated the application was still in Committee from last year. Councillor Atkins requested and received permission to take the application of Yellow Cab of Salem out of order. Application referred to the Committee on Licenses and Permits and Public Hearing to be held on the matter of taxis in Salem. Councillor Cawley amended, that Lawrence Bedard the Special Investigator be invited to the Hearing. Amendment adopted. 227. Councillor McCabe offered the following report for the Committee on Ordinances Council Rule - Purchase of City Property and Legal Affairs. Report accepted and recommendation adopted: The Commmittee on Ordinances and Legal Affairs to whom was referred the matter of an ordinance relating to the sale-,of public lands has considered said matter and would recommend that the following new Council rule be adopted as procedure. Sec. 32 B. Purchase of real property from the City. Every request or offer to purchase real property from the City shall, upon its i March 24, 1977 introduction into the City Council, stand referred to the 7written e on Community Development, which shall consider said matter and develop recommended pro- cedure to be followed in selling said real property. A copye request or offer shall be sent to the Department having custody of the property; the Engineering Depart- ment, Planning Department and Conservation Commission. The committee shall report said recommended procedure to the City Council for adoption, rejection or other appro- priate action. Certification was received from the Board of Registrars of Voters of 3,025 228. Certification - signatures on the petition protesting the ordinances reorganizing the Department of Board of Registrars Public Works and establishing a salary for the Director of Public Services. The matter Ordinances - D.P.W. of reconsideration was then taken up. Reconsideration of passage of the Ordinances was then defeated by a roll call vote of 3 Yeas, 7 Nays, 1 Absent. Voting Yea were Councillors Nowak, Rochna and Swiniuch. Voting Nay were Councillors Atkins, Cawley, Grace, Martineau, McCabe, Plante and Saraceno. Absent was Councillor Boulay. On the motion of Councillor Cawley the matter was referred to the Committee on Ordinances and Legal Affairs for action. Attendance reports of certain Boards and Commission were received and placed on 228-X. file. Attendance Records A communication was received from Frederick R. Boss, Executive Director of the 229. Collection of debts Dr. J. Robert Shaughnessy Hospital requesting the Council reconsider the hospital Shaughnessy Hospital hiring of the firm of Berkal, Stelman and Davern to do the collection of bad debts for the hospital. Council President Swiniuch stated he has discussed the matter with City Solicitor William Tinti, and that the matter cannot come before the Council because it has already be acted upon. Councillor Atkins challenged the ruling of the chair. Councillor Grace seconded the challenge. On the motion of Councillor Cawley the Council recessed at 9:15 P.M. The Council reconvened at 9:20 P.M. Councillor Atkins withdrew his challenge of the Chair. On the motion of Councillor Saracen the matter was laid on the table and the communication to be viewed by the Committee on Ordinances and Legal Affairs. A communication was received from the Trustees of Heritage Trust II, requesting 230. the re-zoning of the so-called Bliss - Hawthorne Garage property to B-5. The property Req. for re-zoning to B-5 - Northeasterly is located at the northeasterly corner of Derby & Congress Streets and is adjacent to corner of Derby & Congress Ste. the Pickering Wharf parcel. On the motion of Councillor Cawley the matter was referred to the Planning Board & a joint hearing to be held. A communication was received from Joseph S. Shaffaval requesting permission to 231. Purchase property purchase City owned land at 6 Brentwood Ave. , Lot #181 containing 4,158 square feet and 6 Brentwood Ave. abutting his property. On the motion of Councillor Saraceno the matter was referred to the Committee on Community Development. 1 �8 � I March 24, 1977 Purchase land 232. A communication was received from Robert P. O'Meara requesting permission to 23 Mooney Rd. , Lot #7 purchase City -owned land at 23 Mooney Rd. (Lot # 7.) On the motion of Councillor Saraceno the matter was referred to the Committee on Community Development. {{F{{ A petition was received after the Tuesday noon deadline, protesting the proposed Petition re. construct. Pickman Park area. construction of multi-family dwellings by Salem Acres, Inc. , in the Pickman Park Area. The Chair objected and the petition was referred to the next meeting. �� b i jA communication was received after the Tuesday noon deadline, requesting permis- f Purchase land 26 Cherry Hill Ave. sion to purchase city owned property at 26 Cherry Hill Avenue, from Philip Morin. Councillor Martineau objected and the petition was referred to the next meeting under the rules. 235. The joint petition of the New England Telephone and the Mass. Electric Co. to Pole Removals Oak St. & Mason St. remove two poles, one on Oak St. , east side and one on Mason St. , north side, was voted on the motion of Councillor McCabe. 236. The application of Robert F. Curran, 55 Dearborn Street for an Auctioneer's Auctioneer's License Robert F. Curran License was referred to the Committee on Licenses and Permits on the motion of Council- lor Martineau. c 237. The application of Carl W. Stinson for a Special One Day Auctioneer's License Auctioneer's License Special - One Day April 9th at Hamilton Hall was granted on the motion of Councillor Martineau. 238. A list of renewals of certain licenses was referred to the Committee on Licenses G Renewals and Permits. 239. thru 248. The following Claim were received and referred to the Committee on Ordinances and Claims Legal Affairs : James F. Coughlin, 38 Mason St. , Salem Mrs. Janet Chase for Douglas Chase Paul A. Girard, 9 Ledgewood Dr. , Danvers _ Peter Pesarek, 7 Orangv St. , Salem Marie C. Ruest, 36B Lawrence St. Ct. , Salem James G. Tournas, 11 Bedford St. , Salem Robert A. Verrette, 32 Broughton Rd. , Marblehead John J. Bryson, 46 Eade St. , Lynn Mrs. Lilliam LeBlanc, 17 Mello Parkway, Danvers Mrs. Kathleen L. Murphy, 16 Heritage Dr. , Apt. 29, Salem 249. The Sign Bond for Essex Office Interiors, Inc. , 34 Church Street was referred to Sign Bond Essex Office Interiors the Commdttee on Rules and Bonds and returned approved, 44 250. The Street Permit Bond of Salem Sign Co. , 232 Highland Avenue, Salem was referred Street Permit Bond to the Committee on Rules and Bonds and returned approved. (173) The matter of second passage of a traffic Ordinance - Service Zone, Bridge Street Second Passage - Service Zone - Bridge St, was taken up. On the motion of Councillor Plante ordinance adopted for second and final passage. i - March 24, 1977 The matter of second passage of an ordinance relative to Traffic was taken up. (175.) Second Passage Parking Prohibited (Parking prohibited - Oak Street) . On the motion of Councillor McCabe the Ordinance Oak Street was adopted for second and final passage. On the motion of Councillor Cawley the meeting adjourned at 9:30 P.M. ATTEST: jJOSEPHINE R. FUSCO CITY CLERK t 'f April 5, 1977. , Special Meeting - .,,A•Speclal,Meez ::ng of 1,be,City ,G,quncil,W.as field In the ,Counc1l Chaulber.,on Tuesday, I April 5, 1977 at 7:20 P.M. for the purpose of discussing the matter of. an appropriation v of $40,000.00 from Surplus Revenue to the Street Department item"Snow & Ice." Notice `r I of the meeting was posted on April 1, 1977 at 11:50 A.M. i Absent were Councillors Atkins, Nowak, and Bouley. V President Richard E. Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. 251. Councillor Rochna offered the following report for the Committee on Finance: Appr. Snow & Ice (215.) The Committee on Finance to whom was referred the matter of an appropriation of $40,000.00 from Surplus Revenue to Street Department "Snow and Ice" has considered said matter and would recommend that the Order as recommended by the Mayor in the March 24th meeting be adopted. Report accepted and recommendation adopted by the adoption of the Order as intro- duced March 24, 1977 (#215.) On the motion of Councillor Cawley the meeting adjourned at 7 :30 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 81 -- April 12, 1977 Public Hearing - Taxicabs The City council Committee on Licenses and Permits held a Public Hearing in the Council Chamber on Tuesday, April 12, 1977 at 7:30 P.M. on the application of Yellow Cab of Salem to operate 9 Passenger Cars from 231 Washington Street, and for a general discussion of Taxi service in Salem. All residents were invited. Notice of the meet- ing was posted April 7, 1977 at 3:32 P.M. Mr. Henry J. LaPointe, a member of the Salem Housing Authority appeared and stated some of the complaints he had about Irving Taxi relative to the telephone servic offered. James B. Irving, son of Bruce A. Irving, president and treasurer of Irving's Taxi Inc. appeared to explain the position of his father's company. Special Investigator for the Licensing Board, Sgt. Laurent J. Bedard said he had only received seven complaints about Irving's Taxi since January 18. He stated that he had conferred with acting City Marshal Charles J. Connelly and they have decided that as of the first of May they will have a monthly inspection of all cabs in the City. Mr. Harold Gilman of the Yellow Cab Co. appeared and stated they are always getting call for taxis from Salem people and he felt that having another cab company in the City would be a good thing. The meeting adjourned at 8:00 P.M. on the motion of Councillor Martineau. ATTEST: JOSEPHINE R. FUSCO CITY CLERK April 14; •1977: , A regular meeting of the-City Council was held in the Council Chamber on Thursday , April 14, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on April 7, 1977 at 3:32 P.M. All members were present. President Swiniuch presided. On the motion of Councillor Plante it was voted to dispense with the reading of the record of the previous meeting. i 252. The Mayor's re-appointment of the following as members of the Animal Control j Appointments ' Animal Control Commiss. Commission were confirmed under suspension of the rules by uanimous roll call vote, F all appointments for a term of one year expiring March 1, 1978: Barbara Szymanski Dr. Arthur E. Lager Donald R. Famico John J. Febonio 4 Paula M. Parker William Russell Burns e 253. The Mayor's appointment of Reverend Edwin G. Remaly as a member of the Cultural Appt. - Cultural Arts Commission - Rev. Edwin Arts Commission for a term expiring February 1, 1978 was confirmed under suspension Remaly of the rules by a unanimous roll call vote. Rev. Remaly is replacing Mrs. Georgette Stafford, who has resigned. 254. The Mayor's appointment of Cleti Cervoni as a member of the Conservation Commiss- Appt. - Conservation Comm. - Cleti Cervoni ion for a term expiring March 1, 1979 was confirmed under suspension of the rules by a unanimous roll call vote. Ms. Cervoni is replacing Captain Henry C. Nichols who recently passed away. r 255. The Mayor's appointment of James A. Reinhardt as a member of the Conservation Appt. - Conservation Comm. James Reinhardt Commission for a term expiring Match 1, 1980 was confirmed under suspension of the rules by a unanimous roll call vote. Mr. Reinhardt is replacing Donald Hunt, who has resigned. 256. The Mayor's reappointment of Paul R. Willis as a member of the Conservation Appts. - Conservation Commission & Waterways Commission for the term expiring March 1, 1980 was confirmed under suspension of the Advisory Board rules by a unanimous roll call vote. I The Mayor's re-appointment of Everett T. Buckley as a member of the Waterways Advisory Board for the term expiring May 1, 1980 was confirmed under suspension of the rules by a unanimous roll call vote. The Mayor's re-appointment of Richard C. Blanchard, Sr, as a member of the Water- ways Advisory Board for the term expiring May 1, 1980 was confirmed under suspension of the rules by a unanimous roll call vote. 257. The Mayor's re-appointment of Helene M. Gauthier as a member of the Industrial Appt. - Industrial Development Commission Development Commission for the term expiring October 1, 1981 was confirmed under sus- pension of the rules by a unanimous roll call vote. The Mayor's re-appointment of Donald Bixby as a member of the Industrial Develop' t33 � April 14, 1977 Commission for t e term expiring cto er , was con irme un er suspension o t e rules by a unanimous roll call vote. The Mayor's appointment of Salvatore Zavaglia as a member of the Industrial 258. Development Commission for the term expiring October 1, 1980 was confirmed under sus- Development Commstrial I pension of the rules by a unanimous roll call vote. Salvatore Zavaglia The Mayor's appointment of Dr. Gregory J. Gordon as a member of the Industrial 259. Development Commission for the term expiring October 1, 1979 was confirmed under sus- Development Coommstrial pension of the rules by a unanimous roll call vote. Dr. Gregory J. Gordon The Mayor's appointment of Dr. Patrick H. Curtin as a member of the Board of 260. Appt. - Cemetery Cemetery Commissioners for the term expiring December 31, 1980 was confirmed under Commission - Dr. suspension of the rules by a unanimous roll call vote. Dr. Curtin is replacing Patrick Curtin Leonard B. Ives. The following Order, recommended by the Mayor, was adopted under suspension of 261. the rules : Appr. Baker's Island ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2,500.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Bakers Island" Account in accordance with the recommendation of His Honor the Mayor. The following Order, recommended by the Mayor, was adopted under suspension of 262. the rules: Appr. Council on Aging .- Bills ORDERED: That the sum of Seven Hundred Six Dollars and Sixteen Cents ($706.16) be and the same is hereby appropriated from the "Title VII Meals" Account to the "Council on Aging-Bills" Account in accordance with the recommendations of His Honor the Mayor. The following Order, recommended by the Mayor, was adopted under suspension of the 263. Y Appr. - Heritage rules: Days ORDERED: That the sum of Six Thousand Dollars ($6,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Heritage Days" Account in accordance with the recommendation of His Honor the Mayor. ii The following Order, recommended by the Mayor, was adopted under suspension of the 264. Appr. - Kernwood rules: Park Development ORDERED: That the sum of Twenty Five Thousand Dollars ($25,000.00) be and the same is hereby appropriated from the "Witch House Receipts" Account to the "Kernwood Park Development" Account, the same to be returned to the "Witch House Receipts" Accoun , upon reimbursement, in accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor, was adopted under suspension of the 265. Appr. - Veterans rules: Services - Salaries ORDERED: That the sum of Four Thousand Three Hundred Sixteen Dollars and Eleven Cents ($4,316.11) be and the same is hereby appropriated from the "Surplus Revenue" account to the "Veterans Service - Salaries" account in accordance with the recommenda- tion of His Honor the Mayor. April 14, 1977 Appr. - 266. The following Order recommended by the Mayor was referred to the Committee on Various Departments Finance on the motion of Councillor Rochna: ORDERED: That the sum of One Million Four Hundred Forty-Two Thousand Six Hundred Twenty-Two Dollars and Eight-One Cents ($1,442.622.81) be and the same is hereby appro- priated from the "Federal Revenue Sharing Funds" account to the following accounts : 1. The sum of Four Hundred Thirty One Thousand One Hundred Forty-Four Dollars and Thirty-Four Cents ($431,144:34) to the "Salem-Beverly Water Board" account 2. The sum of Ninety-Six Thousand Dollars ($96,000.00) to the "Youth Opportunity account. 3. The sum of Two Hundred Ninety-Five Thousand Dollars ($295,000.00) to the "Street Lighting and Signals" account. 4. The sum of Five Hundred Thousand Dollars ($500,000.00) to the "Interest 4, General Loans" account. 5. The sum of Seventy-Five Thousand Dollars ($75,000.00) to the "Snow and Ice" account. 6. The sum of Forty Five Thousand Four Hundred Seventy-Eight Dollars and Forty- Seven Cents ($45,478.47) to the "Water Department-Expense" account. In accordance with the recommendation of His Honor the Mayor. 267. The following Order, recommended by the Mayor, was adopted under suspension of Appr. Sewer-Bills the rules : ORDERED: That the sum of Four Thousand Two Hundred Sixty-Two Dollars and Forty-Six n Cents ($4,262.46) be and the same is hereby appro¢riated from the "Surplus Revenue" Account to the "Sewer-Bills" Account in accordance with the recommendation of His Honor the Mayor. 268. The following Order, recommended by the Mayor, was adopted under suspension of Appr. Police Parking Meters - Signs & Equip. the rules: ORDERED: That the sum of Four Thousand ($4,000,00) be and the same is hereby appropri- ated from the "Parking Meter - On Street" account to the "Police Parking Meters, Signs and Equipment" account in 'accordance with the recommendation of His Honor the Mayor. Appr, Highway Main,269. The following Order recommended by the Mayor was referred to the Committee on Administration-Wages Finance on the motion of Councillor Boulay: F ORDERED: That the sum of Three Thousand Four Hundred Fifty-Four Dollars ($3,454.00) be and the same is hereby transferred from the "Highway Maintenance-Wages" account to the "Highway Administration-Wages" account in accordance with the recommendation of His Honor the Mayor. 270. The following Order recommended by the Mayor was adopted, Councillor Grace Trans. Dog Constable Bills recorded as present: ORDERED: That the sum of One Hundred Fifty Dollars $150.00) be and the same is hereby transferred from the "Dog Constable - Care and Custody" Account to the Dog Constable - April 14, 1977 Bills" Account in accordance with the recommendation of His Honor the Mayor. The Mayor submitted an Ordinance amending the Salary & Wage Classifications of 271. cary ity employees effective July 1, 1977. Councillor Boulay moved the Ordinance be ref- effec�tiveanJuly 1ce a11977 ' erred to the Committee on Personnel and Salaries. Councillor Atkins moved the motion be amended to add - a copy sent to the City Auditor for review and he to report to the Committee. Motion as amended adopted. The Mayor submitted an Ordinance amending the Salary & Wage Classifications of 272. city employees effective January 1, 1978. On the motion of Councillor Atkins the effeOrdinancective Jan. Salary . 1, 197 Ordinance was referred to the Committee on Personnel & Salaries and a copy to be sent to the City Auditor for review and report to the Committee. j Submitted after the Tuesday noon deadline: 273• 'r The Mayor submitted a communication submitting the Annual Budget for the period Mayornual Budget from from July 1, 1977 to June 30, 1978 in the amount of $30,667,625.11. Councillor Rochna moved suspension of the rules. Councillor Martineau objected. The Council called a five minute recess at 8:45 PM. Council :reconvened at 8:50 P.M. Councillor Martineau requested unanimous consent I` to withdraw his objection. Granted. Suspension of the rules granted. On the motion ! of Councillor Rochna the Budget was referred to the Committee on Finance. The Mayor's appointment of Robert J. Godjikian as a Constable for one year effect 274. ive April 15, 1977, was received and placed on file. Appt. ConstableRobert J. Godjikian y� The Mayor's appointment of the following as Constables for one year effective 275. May 1, 1977 was received and placed on file: Appt. Constables Terrance J. Bryce, 12 Pope St. , Salem Charles L. Reed, 36 Phillips St. , Salem Ralph F. Salvo, 9' Intervale Rd. , Salem Councillor Martineau offered the following Order. Councillor Cawleymoved the 276. No Parking - Order be amended by adding "for a trial period of sixty days. Order as amended adopted: Lafayette & Harbor Sts ORDERED: That the Police Dept, erect signs immediately showing "No Parking This Side" beginning at the intersection of Lafayette Street and Harbor Street, south side, and running east for the distance of the intersection on Salem Street and Harbor Street for a trial period of sixty days. Councillor Grace offered the following Order. Councillor Rochna moved it be amend-277• Job description ed by change the date "May 26, 1977" to "May 12, 1977". Order as amended, adopted: Personnel Director ORDERED: That the Personnel and Salaries Committee and the Personnel Board submit to the City Council a job description for the Personnel Director by May 12, 1977. Councillor Atkins offered the following Resolution. Councillor Nowak moved it be 278, Femended by adding a copy be sent to the City Auditor. Order as amended adopted: Youth Coordinator ESOLVED: That David Britton, Youth Coordinator of the City of Salem and acting on its ehalf, be and hereby is authorized to enter into an agreement to provide services to 86 April 14, 1977 the Commonwealth of Mass. Dept. of Mental Health; .and it is further resolved that said David Britton or his designee be and hereby is authorized to execute and deliver any and all documents necessary and incidental thereto. 279. Councillor Boulay offered the following Order which was adopted: Handicapped Person i No Parking ORDERED: That the traffic division of the Police Department place a handicapped person no parking sign at 6 Lynn Street, i 280. Councillor Grace offered the following Order which was adopted: Switchboard All city departments ORDERED: That the Committee on Municipal Services investigate the possibility of installing a central telephone switchboard for all city departments excluding fire and police. 281. Councillor Martineau offered the following Order which was adopted: No Parking Porter & Cherry Sts. ORDERED: That the Police Department erect signs immediately showing "No Parking this side, beginning at the intersection of Porter Street and Cherry Street, south side and running west for the remaining distance of Porter Street, for a trial period of sixty days. 282. Councillor Nowak submitted a lease between the City of Salem and Naumkeag ease - Naumkeag Assoc. emorial Drive Associates (girl scouts) for land on Memorial Drive for five years at an annual rental of $1.00. On his motion it was referred to the Committee on Ordinances and Legal Affairs. 283. Councillor Cawley offered the following Resolution which was adopted: esolution ousing Court RESOLUTION: WHEREAS: The Salem City Council endorses the concept of a housing court for Essex County. RESOLVED: That the Great and General Court be urged to further the intent of House Bill 1059. 284. Councillor Atkins offered the following report for the Committee of the Whole: ommittee of the Whole oning Amendments The Committee of the Whole to whom was referred Ordinances amending the zoning ordi- nance of the City of Salem has considered said matter and would recommend: 1. Adoption of an ordinance amending the zoning ordinance as amended in committee. 2. Adoption of an ordinance amending the zoning ordinance reference Cluster Residential Development. 3. Adoption of an ordinance amending the zoning ordinance reference Planned Unit Development as amended in committee. Report accepted and recommendations adopted by the adoption of the following Ordinances for first passage: First Passage 285. An ordinance amending the ordinance on Zoning was adopted for first passage by Amendments to Chap. 808 - Zoning. a roll call vote of 11 yeas. 286• An orslinance ,amending the Zoning; Ord�nance by .adding Cluster Development First Passage Cluster Development (Residential) was adopted, for first passage by. a roll call. _vote of 11 Yeas. April 14, 1977 An Ordinance amending the Zoning Ordinance by adding Planned Unit Development, First Passage 287. was adopted for first passage by a roll call vote of 11 Yeas. Councillors Cawley Planned Unit Develop. and Rochna commended on their fine work on the motion of Councillor Atkins. The attendance reports of certain Boards and Commission were received and placed 288. + on file on the motion of Councillor Rochna. Attendance reports J Boards and Commissions i The Harbormaster's Log for March 1977 was received and placed on file on the 289. motion of Councillor Rochna. Harbormaster's Report - March A communication from the Selectmen of Northborough requesting the Salem Council 290. Selectmen - to join them in a petition to change certain state procedures, was received and placed Northborough - State on file on the motion of Councillor Martineau. procedures The request of Essex Institute, The Hawthorne Inn and the Salem Witch Museum to •291. use the Salem Common on July 2, 1977 from 6 A.M. to 6 P.M. for a full-scale 18th Use Salem Common century military review, was granted on the motion of Councillor Nowak. An invitation from the V.F.W. Fidelity Post 11011 and its Auxilary to a Patriotic 292. Invitation Night on April 21, 1977 was accepted on the motion of Councillor Cawley. V.F.W. - Patriotic Night The request of Philip Morin to purchase City owned property at 26 Cherry Hill Ave. 293. Purchase was referred to the Committee on Community Development on the motion of Councillor 26 Cherry Hill Ave. Saraceno. A petition objecting to the proposed construction of multi-family dwellings in 294. Petition - the Pickman Park area by Salem Acres, Inc. was referred to the Committee on Community construction - Pickman Development. Park area. The petition of the Mass. Electric Co. and New England Telephone and Telegraph Co. 295. Pole - Joint for joint ownership on an existing pole on Webb Street at Forrester Street was granted ownership - Webb St. on the motion of Councillor Nowak. The application of Richard DiFillipo (Hawthorne Antiques) for a Special One-Day 296. One-day Auction. Auction at the Knights of Columbus Hall on April 21, 1977, was granted on the motion Richard DiFillipo of Councillor Martineau. The application of Stephen Sidlauskas, 68 Pierpoint St. , Salem for the renewal of 297. Auctioneer's Lic. is Auctioneer's License was granted on the motion of Councillor Martineau. Stephen Sidlauskas The application of Algis Utenis, 110 Federal Street, Salem for an Auctioneer's 298. Auctioneer's Lic. icense was referred to the Committee on Licenses & Permits on the motion of Councillor Algis Utenis rtineau. A list of renewals of certain licenses was referred to the Committee on Licenses 299. Renewals of certain nd Permits. licenses The following applications for taxi operator licenses were referred to the 300.-302. Committee on Licenses & Permits: Taxi Operators Paul M. Gagnon, 6 Orne St., Salem James R. Marquis, 17 Chandler Rd. , Salem Stanley J. Slysz, 14 Lynch St. , Salem . 88 April 14, 1977 Claims 303.-310, The following Claims wererefferedto the Committee on Ordinances & Legal Affairs: o Kenneth G. Carpenter, 57� Ocean Ave. , Salem Tyrone P. Coleman, 1000 Loring Ave. , Salem Bertram H. Curwen, 116 Lafayette St. , Salem Leonard T. Lemiesz, 70 Linden St. , Salem David Martel, 10 Cloutman St. , Salem Joan B. Murphy, 4 Lincoln St. , Wilmington Timothy P. Shea, 22 Margin St., Peabody Thomas P. Stevens, 83 Bayview Ave. , Salem 311,-312 Bonds The following Public Official Bonds were received and referred to the Committee "4 City Clerk on Rules & Bonds : City Treasurer ' City Clerk - Josephine R. Fusco City Treasurer - Lawrence T. Buckley i i 313.-314.- The following Sign Bonds were referred to the Committee on Rules & Bonds: Sign Bonds 315. Paul Michaud d/b/a Hubba's Cupboard, 101 Lafayette Street Sunmark Ind., Div. of Sun Oil Co., 105 North Street Sunmark Ind. , Div. of Sun Oil Co. , 2 Mason Street i (154.) On the motion of Councillor Atkins it was voted to take from the table the re- Collection of Health Hospital bills. quest of Atty. Barry D. Berkal for exemption from G.L. Chapter 268A, Section 20 (conflict of interest) so that his firm can handle the collection of bills for the J. Robert Shaughnessy Hospital. On the motion of Councillor Atkins exemption granted. at Salem Juror Councillor Martineau was appointed to draw one Juror for Superior Court at Salem, May 2nd sitting: William H. Graffum, 53 Buffum St., Welder Jurors at Lawrence Councillor Bouley was appointed to draw four Jurors for Superior Court at Lawrence, May 2nd sitting: Edward J. Freeman, 20 Irving St., Retired Robert Garrow, 57 Butler St. , Journeyman Machinist Theresa M. Antoniello, 9 Turner Street, Housewife Donald E. Eames, 16 Dearborn St. , Bus Operator On the motion of Councillor Cawley the meeting adjourned at 9:45 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK -- April 21, 1977 Joint Public Hearin - Zoni Ma Change A joint Public Hearing of the City Council and Planning Board was held on Thurs- a day, April 21, 1977 at 8:30 P.m. in the Council Chamber on the proposal to amend the existing zoning ordinances by changing an area in Ward I at the corner of Congress and Derby Streets from B-4 to B-5. Notice of the hearing was posted on April 15, 1977 at 2:30 P.M. and advertised in the Salem Evening News on April 7 and 14. a President Swiniuch presided. Present were Councillors Saraceno, Rochna, Nowak, Cawley, Grace, Bouley,, and Plant . Present from the Planning Board were Staley McDermet, Paul D'Amour, Theodore Sadoski, Walter Power, and Brian O'Keefe. Appearing in favor for Heritage Trust II was Attorney Barry Plunkett, 208 Essex Street. The Planning Board was recorded in favor of this re.=zoning. The parcel in question will become part of the Heritage Trust development being built on the Pickering Property. This will contain a marina, shopping center, offices, and apartments. r There was no opposition expressed to this proposal to rezone said land, however, the members of the Council expressed their concern of the effect this project might have on two reighboring small businesses. Councillors Nowak and Swiniuch asked the developers whether a family of lobster fishermen, the Zdanowicz Brothers, were being evicted from their Wharf+`site. Mr. Arthur Collins, one of the developers, stated that the Zdanowicz brothers were asked last January to vacate their site during the construction, but thattthree boat slips would be provided for them upon completion of the construction. He also stated that the seawall surrounding the site must be repaired, and that no seawall is standing in the area occupied by the fishermen. Mr. Thomas M. Leonard, Vice President of the Salem Five Cents Savings Bank, added that they would like the fishermen back, but they will have to pay the going rate for premium space on the waterfront. Councillor Saraceno suggested that the developers not provide fuel for boatmen at the wharf for safety's sake. He stated that the Salem Marine Basin already provides fuel service. Mr. Collins said that fuel for boats is a necessary service, but no other boat �,/ services would be provided. Attorney Barry Plunkett, representing the developers, stated that the proposed theatre will show a 20-minute film, to be called the Saga of Tommy,Star, showing the events which may happen to a Salem Boy who is shipped out on a sailing ship. Staley McDermet from the Planning board stated that the original zoning proposal was to include a garage and bank branch and said the idea inconsistent with good plan- ning. Brian O'Keefe from the Planning Board, stated that this recommendation demonstrate that the planning Board is working with developers to bring business' to the city. On the motion of Councillor Plante the hearing adjourned at 9:30 P.M ATTEST: JOSEPHTNR u vrucrn April 28, 1977 A regular meeting of the City Council was held in the Council Chamber on Thurs- day, April 28, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on April 22, 1977 at 9:15 A.M. On the motion of Councillor McCabe it was voted to dispense with the reading of 3 the record of the previous meeting. All members were present. President Swiniuch presided. k) r v 316 The mayor's appointment of Gordon D. Erb as a member of the Tourist Commission Appt. Tourist Comm. Gordon Erb for the term expiring February 1, 1980 was tabled until 9:00 P.M. on the motion of t Councillor Grace. 317 The Mayor's appointment of George Walsh as a member of the Tourist Commission j Tourist Comm Appt. George Walsh for the term expiring February 1, 1979 was held over until the next meeting on the i motion of Councillor Plante. 318 The following Order recommended by the Mayor was adopted under suspension of the Appr. Pumping Station Payroll rules: f ORDERED: That the sum of Four Thousand Seven Hundred Fifteen Dollars and Twenty-Eight Cents ($4,715.28) be and the same is hereby appropriated from the "Surplu Revenue" Account to the "Pumping Station-Payroll" Account in accordance with the recommendation of His Honor the Mayor. 319 The following Order recommended by the Mayor was referred to the Committee on Appr. Off Street Park. ij Expenses Finance. ORDERED: That the sum of Two Thoudand Nine Hundred Fifty Dollars ($2,950.00) be and the same is hereby appropriated from the "Off Street-Parking Meters" Account to the "Off Street Parking Commission-Expense" Account in accordance with the recommend- ation of His Honor the Mayor. E 320 The following Order recommended by the Mayor was adopted under suspension of the Appr. Library Expense rules. h c ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2,500.00) be and Ethe same is hereby appropriated from the "Surplus Revenue" Account to the "Library h Expense" Account in accordance with the recommendation of His Honor the Mayor. I 321 The following Order recommended by the Mayor was referred to the Committee on 1 Appr. Demetery Expense Finance. i ORDERED: That the sum of Two Thousand Dollars ($2,000.00) Be and the same is r hereby appropriated from the "Surplus Revenue" Account to the "Cemetery Expense" Accou t in accordance with the recommendation of His Honor the Mayor. t 322 The following Order recommended by the Mayor was adopted under suspension of , Appr. Market Area Commission the rules, Councillor Nowak was recorded as present. ORDERED: That the sums f Two Hundred Dollars ($200.00) be and the same is hereby 91 April 28, 1977 appropriated from Ithe "Surplus Revenue" Account to the "Market Area Commission" Account in accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor was adopted; 323.Appr. 1 ORDERED: That the sum of Seven Thousand Eight Hundred Dollars City Council ($7,800.00) be and Expenses the same is hereby transferred from the "Elections and Registrations-Salaries" account to the "City Council-Expenses" account in accordance with the recommendations of His Honor the Mayor. The following Order recommended by the Mayor was adopted; 324. ORDERED; That the sum of Three Thousand Dollars Appr. City Clerk ($3,000.00) be and the same is Expenses hereby transferred from the "City Clerk-Salaries" Account to the "City Clerk-Expenses" account in accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor was adopted, Councillor Nowak recorded 325. t opposed: Appr. - Claims- Legal Account ORDERED: That the sum of One Thousand Five Hundred Dollars ($1,500.00)be and the same is hereby transferred from the 'School Teachers and Administrative - Salaries" Account to the "Claims-Legal" Account in accordance with the recommendation of His Honor the Mayor. The following Ordinance recommended by the Mayor was adopted for first passage: 326. In the year one thousand nine hundred and seventy-seven. First Passage .Ordinance - Human An Ordinance amending an Ordinance Establishing a Human Rights Commission in the City Rights Commission of Salem. Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. of the Ordinance establishing a Human Rights Commission in the City of Salem is amended by adding to line two of Section 1 the words "age" and "Handicapped" after the word "creed" and before the words "national origin." Section 3 (d) of the Ordinance is amended by adding to line three the words "age" and "Handicapped" after the word "creed" and before the words "national origin." Section 3 (g) of the Ordinance is amended by adding to line five the words "age" and "handicapped" after the word"color" and before the words "national origin." SECTION 2. This Ordinance shall take effect as provided by the City Charter. The Mayor's appointment of the following as Constables for one year effective 327. May 1, 1977, was received and placed on file; Appt. -Constablesi Zbyslaw S. Doron, 3' Bentley St., Salem Raymond A. Harvey, 84 Flint St., Salem Robert W. Hinch, 353 Lafayette St. , Salem Charles H. Phipps, 95 Columbus Ave. , Salem David C. Sawyer, 24 Coolidge Ave., Peabody V 9� April 28, 1977 Resolution 328. Councillor Nowak offered the following Resolution. On the motion of Councillor Coal burning - New Eng. Power Atkins it was laid on the .table in order that the Council President may request the E.P.A. to conduct a local public hearing on this matter: RESOLVE: That the City Council go on record as strongly opposing the large scale burning of coal at the New England Power Company's Salem Harbor Station, and that this resolution be sent to the Federal Energy Administration, so they can order a local public hearing so the residents in the area can be able to express their views. p 329. Councillor Grace offered the following Order which was adopted, and a Public Pole Removal Cor. Rockdale Ave. & Hearing ordered for May 12, 1977: arlborough Rd. ORDERED: That the telephone company and/or electric company remove the pole at the corner of Rockdale Avenue and Marlborough Road, as it is impeding the flow of traffic. 330. Councillors Rochna, Nowak and Swiniuch offered the following Order which was ly Polish Flag Riley Plaza adopted: ORDERED: That the Polish Flag be displayed and hung proudly from the, staff at Riley Plaza for the week beginning May 1 in commemoration of Polish Constitution Day, May 3. E 331. Councillor Plante offered the following Order which was adopted: City Clerk's Salary ORDERED: That the City Solicitor proceed to take whatever legal action necessary to insure that the City Clerk receive the salary as provided by City Ordinance. 332. Councillor Cawley offered .the following Ordinance which was adopted for first First Passage Ordinance - Market Area passage: Commission In the year one thousand nine hundred and seventy-seven. j An Ordinance to vest the powers of the Board of Control in the Market Area Management Commission. Be it ordained by the City Council of the City of Salem, as follows: SECTION I. All references to the Board of Control as they may appear in the Code of . Ordinances of the City of Salem are hereby deleted and in place thereof, will appear the Market Area Management Commission. SECTION II. All powers vested in the Board of Control by force of State Statute or City Ordinance will hereby vest in the Market Area Management Commission. SECTION III. This Ordinance shall take effect as provided by the City Charter. 333. Councillor Saraceno offered the following Order which was adopted: Cbletti Square ORDERED: That the intersection of Pratt and Endicott Streets be designated "COLETTI SQUARE" in honor of Milano, George, Francis, Torino and Anthony Coletti, who honorably served their country in the U.S. Armed Forces during World War II. Be it further ordered that a proper sign to this effect be erected prior to May 21, 1977 at the above named intersection. And be it further ordered that a wreath be prepared for the dedication ceremony which yy shall take place at 10.00 am on the morning of May 29, 1977 and that thereafter, a �6 wreath be placed at the site each year on the Memorial Day holiday. 93 April 28, 1977 Councillor Plante offered the following Order which was adopted 334. Future use of ORDERED: That the City Council sit as a Committee of the. Whole with the downtown down town parking areas business merchants and the Salem Redevelopment Authority to discuss the proposed futur f use of the "Almy's Parking Lot" and other parking areas designated for other types of development, and to also discuss current and future parking problems in the redevelop- ment area. i Councillor Martineau offered the following Order., Councillor McCabe amended, that 335. No a copy be sent to Govenor Dukakis, and to Laurie Cabot. Order as amended adopted: of Salemfficial "Witch c ORDERED: That the City Council go on record as not officially acknowledging any person or spirit as "Witch of Salem." Councillor Plante offered the following Order which was adopted: 336. ORDERED: That the Traffic Ordinance relating to "Service Zone" on Bridge Street at Zones- Ceor. Bridgee& the corner of Lathrop Street be suspended for a trial period of 30 days. Lathrop Sts. Councillor Saraceno offered the following Order which was adopted: 337. Traffic Regulations � ORDERED: Council Order relating to enforcement of traffic regulations on roads at the Salem High School new Salem High School. First: It is hereby ordered that the Police Department of the City of Salem, upon I I request by the Salem School Committee, shall pursuant to Chapter 15 of the Salem Code of Ordinances, regulate and enforce traffic ordinances of the roads presently existing fl at the new Salem High School. Second: This Order shall remain in effect until such time as the roads are fully accepted by the City of Salem as city streets. Councillor Saraceno offered the following Order which was .adopted: 338. Study - Pedestrian ORDERED: That the City Council request the Massachusetts Department of Public Works, Lights - Margin St. District 5 study the .potential of installing a pedestrian light as well as appropriate traffic islands on Margin St., Salem, MA. These Traffic improvements are aimed at improving the safety of pedestrians and vehicles now using Riley. Plaza on Margin Street Councillor Saraceno offered the following Ordinances which was adopted for first 339. First Passage passage: Limited Parking In the year one thousand nine hundred and seventy-seven. High Street An Ordinance restricting parking on High Street, pursuant to Chapter 15-51B of the Salem Code of Ordinances. I i Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. That there be a two hour parking limit from 8:00 a.m. to 4:00 p.m. on the i V north side of High Street from a point twenty (20) feet west of Margin Street to the intersection of Summer and High Streets; ,that all parking be prohibited on the south side of High Street from Margin St. to Summer St. at all times. SECTION 2. This ordinance shall take effect as ;provided by ,the City Charter. to A J t April 28 1977 First Passage 340. Councillor Cawley offered an Ordinance amending traffit',on Central Street, aEssex' Traffic - Downtown area Street, Higginson Sq. and St. Peter Streets. ordinance adopted for first passage. 341. Councillor Saraceno offered the following Ordinance which was adopted for first First Passage No Parking - Vale St. passage: In the year one thousand nine hundred and seventy-seven. An Ordinance relative to parking on Vale Street pursuant to Chapter 15 Section 51 of the Salem Code of Ordinances, Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. No parking shall be allowed at any time on the northerly side of Vale Street from a point twenty (20) feet west of Phelps Street and continuing to .the end of Vale Street in a westerly direction. SECTION..2. This ordinance shall take effect as provided by the City Charter. (316.) Councillor Grace moved to take from the table the matter of confirmation of the i Appt. - Tourist Comm. Gordon E. Erb appointment of Gordon Erb as a member of the Tourist Commission for the term expiring i February 1, 1980. Appointment confirmed under suspension of the rules by a roll call } vote of 11 Yeas. The Council recessed at 9:05 P.M. and reconvened at 9:10 P.M. 342. Councillor Martineau offered the following report for the Committee on Licenses & Licenses & Permits Permits : The Committee on Licenses & Permit to whom was referred the granting of certain license has considered said matter and would recommend that the following be granted: 4 RENEWALS DRAINLAYER William F. Haight, rr 305 Highland Ave. , Salem William M. Linskey, d/b/a Linskey Construction Co. , 8 Loring Ave. , Salem Narcisse Talbot, 3 Laurent Rd. , Salem HACKNEY CARRIAGES Great Northern Equestrian Enterprises, 179 Bridge St. (3 carriages) HORSE-DRAWN STREET CAR (Trolly) Great. Northern Equestrian Enterprises, 179 Bridge St. , Salem HACKNEY CARRIAGE OPERATORS Emalane D. Blakely, 54 Lawrence St., Salem Robin S. Noll, 28 Arthur St. , Beverly Brian J. Watson, Pond St. , Essex HACKNEY CARRIAGE STAND Great Northern Equestrian Enterprises, Inc. , West side of Fort Avenue at Salem Willows - across from Willows Miniature golf Great Northern Equestrian Enterprises, Inc, Washington Sq. South PUBLIC GUIDE Joan Prager, 4 Long View Drive, Marblehead (Held in Committee) ¢T DIG SEAWORMS Kenneth A. LaPointe, 43 Prince St. , Salem SECOND HAND DEALER (Furniture) Andres J. Belanger, 95A Bridge St. , Salem TAXI OPERATORS Edward E. Lassiter, 44 School St., Salem t John P. Wilkinson, 35 Briggs St. , Salem NEW LICENSES AUCTIONEER'S LICENSE Robert F. Curran, 55 Dearborn St. , Salem A1gis Utenis, 110 Federal St. , Salem TAXI OPERATORS Paul M. Gagnon, 6 Orne St. , Salem James R. Marquis, 17 Chandler Rd. , Salem Stanley J. Slysz, 14 Lynch St. , Salem i' 95 April 28, 1977 On the motion of Councillor, Cawley the report was divided and the application of Joan Prager, 4 Long View Drive, Marblehead for a Public Guide License was tabled. All other licenses on the report granted by the adoption of the recommendations. Councillor Martineau offered the following report for the Committee on Licenses & 343. Permits : YelLicenceslow Cab of Salem Permits + The Committee on Licenses and Permits to whom was referred the granting of Yellow Cab of Salem, Harold Gilman (9 cars) at 231 Washington Street has considered said matter and would recommend that the application be denied. Councillor McCabe assumed the chair so that President Swiniuch could speak against ! this application. i Councillor Martineau stated that he had a petition with over 300 signatures in f-, favor of another cab company coming into Salem. Councillor Martineau moved the license be granted for a 90-day trial period. Councillor Cawley moved that the entire matter be referred back to the Committee on Licenses and Permits for further study. Council- lor 'Cawley's amendment defeated by roll call vote of 5 Yeas, 6 Nays. Councillor Cawley then moved to table the matter. Defeated by roll call vote of 4 Yeas, 7 Nays. Councillor Martineau's motion for 90 day trial period defeated by roll call vote of 1 Yeas 8 Nays, 2 Present. The recommendation to deny the permit was then adopted by a roll call vote of 8 Yeas, 2 Nays. Councillor Martineau filed notice of reconsideration at the next regular meeting. Councillor Plante offered the following report for the Committee on Personnel & 344. Youth Opportunity Salaries. Report accepted, recommendation adopted: application form The Committee on Personnel and Salaries to.whom was referred the matter of reviewing the Youth Opportunity Program has considered said matter and would recommend that the attached application form for the Youth Opportunity Program be approved. That the Communication from the Personnel Director dated April 5, 1977 to all department heads be received and placed on file. i Councillor McCabe offered the following report for the Committee on Ordinances & 345. Lease - Naumkeag Legal Affairs to whom was referred the matter of a renewal of a lease between the City Associates - Memorial and the Naumkeag Associates Inc. (Girl Scouts) has considered said matter and would Drive (282.) recommend approval and authorization be given to the Mayor to sign the lease. Report accepted and recommendation adopted. Councillor Atkins requested and received permission to refer back to motion, 346. Thermostats orders and resolutions, in order to introduce the following Order which was adopted: restricted to 650 ORDERED: That the Council President request the Superintendent of Public Property to issue a directive restricting the thermostat level in public buildings to 650. r ` April 28, 1977 First Passage 347. The following Ordinance recommended by the Planning Board was adopted for first Zoning - Cor. Derby & Congress Sts. passage by a 'roll call vote of 11 Yeas: In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an ordinance relative to zoning. Be it ordained by the City Council of the City of Salem, as follows : SECTION 1. The original copy of the Zoning Map, dated August 27, 1965, as amended' now in the City Clerk's files, shall be further amended by setting forth thereon the boundaries of an area in Ward One in Salem situtated on the Northeasterly corner of Derby Street and Congress Street to be changed from B-4 to B-5, bounded and described as follows : EASTERLY by land now or formerly of the Trustees of Heritage Trust II, two hundred eighty-four and 63/100 (284.63) feet; SOUTHERLY one hundred sixty-nine and 17/100 (169.17) feet; WESTERLY by Congress Street, two hundred seventy-six and 86/100 (276.86) feet; NORTHWESTERLY !by a curve having a radius of 25.17 feet and forming the junction of f Congress Street and Derby Street, forty-three and 94/100 (43.94) feet; NORTHERLY by Derby Street, ninety and 09/100 (90.09) feet. SECTION 2. This Ordinance shall take effect as provided in the City Charter. 348. A communication was received from the Superintendent of Schools requesting ' Exempt from Civil Ser. Director of Buildings & Council approval of a bill to .be filed exempting the, position of Director of Build- Grounds - School Dept. ings and Grounds in the School Department from Civil Service. On the motion of Councillor Cawley the matter was referred to the Committee on Finance. 349. A communication was received from Antonino Corsaro requesting permission to Purchase public prop. Lot #7 Mooney Rd. purchase Lot #7 on Mooney Road for $6,000.00. On the motion of Councillor Saraceno the request was referred to the Committee on Co;smunity Development. 350. The application of Carl W. Stinson for a special One-day Auctioneer's License Special Auctioneer Carl W. Stinson May 14, 1977 at Hamilton Hall, was granted on the motion of Councillor Nowak. 351. A list of renewals of certain licenses was referred to the Committee on Licenses Renewals of certain Licenses and permits. 352. The application of William T. Josey, 36 Harbor St. , Salem for a Taxi Operator Taxi Operator '- William T. Josey License was referred to the Committee on Licenses & Permits. 353.-355. The following Claims were referred to the Committee on Ordinances & Legal Affairs: Claims j Pauline Butman, 24 Wolcott Rd. , Lynn Bruce Fredholm, 6 Wilson Terrace, Apt. 4, Lynn Mary Bates, 25 Irving St. , Salem i 356.-357. The following Bonds were referred to the Committee on Rules and Bonds and Sign Bonds returned approved: Sign Bond - Levitt Industries, 220 Essex St. Sign Bond - Naumkeag Trust, 217-225 Essex Street 97 I April 28, 1977 The matter of second passage of an Ordinance relative to Zoning was taken up. Second Passage - Zoning Chap. 808 Amendments Councillor Atkins moved the ordinance be amended prior to second passage. Ordinance (285.) as amended adopted for second and final passage, as follows: p In the year one thousand nine hundred and seventy-seven. An Ordinance to amend the Zoning Ordinance of the City of Salem 1965 as revised 1969, 1972, 1974 and 1976. Be it ordained by the City Council of th4 City of Salem,as,* follows: SECTION I. Section I, "Purpose" is amended by adding after "amenities" as it appears at the end of the first paragraph of said section, the following: "To preserve and protect the water supply, open. space and conservation of natura resources torevent the p pollution of the environment, and community blight, to ensur housing for all income levels and compliance with the Master Plan of the City of Salem' , SECTION II. Section II "Definition" is amended by deleting therefrom Paragraph #10 { "Construction, Types Of" j SECTION III. Section V "Special Permit Uses", Paragraph B-4, "R-3 Districts" is amended by deleting the following words as they appear in the fourth paragraph of subsection e, therein: "The construction of the buildings, shall be of type I, I1, or VI construction. In addition, all provisions of Chapter 4, the Salem Building Code, part. 22, shall be complied with. Solid (no cores) eight-inch thick masonry fire divisions shall be built in the basement of the buildings so that.. . . "The Fire Division will extend from the floor of the basement to underside of the roof decking. Above, the basement to the underside of the roof deck, the separa- tion shall be made by a 2" x 4" stud partition nogged solid with 4" gypsum block, plastic both sides with a 3/4" gypsum plaster on metal lath. No opening whatsoever including pipe sleeves will be allowed in the fire division. The exterior walls of all structures, all of brick veneer, fieldstone, or other similar quarry product, however, wood or plastic products may be used for trim or "accent" features on a facade, providing no such area exceeds twenty percent of the exposed area on any one facade or elevation." Section IV. Section V "Special Permit Uses" Paragraph B-4, "R-3 Districts" is amended by adding the following words to the fourth paragraph, of subsection e: "Each unit shall be separated from all other adjoining units by walls, without openings, except such openings as may be permissible for mechanical services. Section V. Section V "Special Permit Uses" is amended by adding after Paragraph C-10 "Extension of Nonconformity" the following: "Paragraph D, Agriculture - No special permit for the use of land for the primary purpose of agriculture, horticulture or floriculture shall be required nor shall a permit be needed for the expansion of reconstruction of existing structures thereon for such uses except that all such activities are limited to parcels of more than five acres in areas not zoned for agriculture, horticulture or floriculture." t� April 28, 1977 Section VI. Section VII "Supplementary Regulations" is amended by adding after _ Paragraph L, .thereof, the following: M. Religious or Educational Institutions "No portion of this Zoning Ordinance shall be interpreted to regulate or restrict the use of land or structure for religious purposes or for educational purposes on lan owned or leased by the Commonwealth of Massachusetts or any of its agencies, sub- divisions or bodies politic or by a religious section or denomination, or by a non- profit educational corporation, provided, however, that such land or structures must comply with all the requirements of the Zoning Ordinance concerning the bulk and ' height of structuresyard size, lot area, setbacks, open space, parking and building I coverage requirements of the Zoning District in which it is located," Section VII. Section IX "Administration" paragraph F "Amendments" is amended by adding, at the end thereof, the following" "No proposed Zoning Ordinance which has been unfavorably acted upon by a city Council shall be considered by the city council within two years after the date of such unfavorable action unless the adoption of such proposed ordinance is recommended in the final report of the Planning Board." Section VIII. Section IX "Administration" paragraph F "Amendments" is hereby amended by deleting in subsection 2, the words "twenty days" and inserting in its place the words "Twenty-one days". Section IX. Section V "Use Regulations" paragraph 10, "Extension of non-conformity" is amended by adding at the end thereof, the following" "Provided, however, that such change, extension, enlargement or expansion shall not be substantially more detrimental than the existing nonconforming use to the neighborhood, nor shall this paragraph apply to billboards, signs, or other advertis- ing devices." Section X. Section IX "Administration" paragraph D, "Special Permits" is amended by deleting the words "Section 17 of" as they appear in the third paragraph of said paragraph D and by adding the end of said paragraph D, the following: "Construction or operations under a special permit shall conform to any subsequent amendment of this Ordinance unless the use or construction is commenced within a period of not less than six (6) months after the issuance of the permit and in cases involving construction, unless such construction is continued through to completion, 'F as continuously and expeditiously as is reasonable." Section XI. Section VIII "Nonconforming use of land or structure and any nonconform- ing structure shall lose whatever rights might otherwise exist to its continuation under this section if said use or structure shall be abandoned or not used for a period of two years or more." Section XII. Section IX "Administration" paragraph B "Violations" is amended by adding at the end of the first paragraph thereof the following: April 28, 1977 "The Inspector of Buildings shall also notify in writing, the party requesting such enforcement of any action or refusal to act and the reasons therefor, within fourteen days of receipt of such request." Section XIII. Section IX 'Administration" paragraph B "Violations" is amended by delet- ing the words "twenty dollars' as they appear in the third paragraph thereof and insert- ing "one hundred dollars per violation." Section XIV. Section IX "Administration" paragraph C "Board of Appeals" is amended by deleting the words "Section 14 of" as they appear in the third paragraph of paragraph C and further amended by deleting the words "Section 13 of" as they appear in the fourth paragraph, subsection I of paragraph C and further amended by deleting the words "Section 15 of" in both places that they appear in subsection 4 thereof. Section XV. Section IX "Administration" paragraph C "Board of Appeals" is amended by adding after subsection 2, thereof the following" "except such applications for special permits where the power to grant is vested in the Planning Board by this Ordinance." Section XVI. Section IX "Administration" paragraph D "Special Permits" is amended by adding at the end thereof the following: "Failure by a Special Permit granting authority to take final action upon an application for a Special Permit within 90 days following the date of public hearing shall be deemed to be a grant of the permit applied for." Section XVII. Section IX "Administration"paragraph D, "Special Permits" is amended by adding at the end thereof the following: "Any special permit granted under this section shall lapse within two years and including such time required to pursue or await the determination of an appeal from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause." Section XVIII. Section IX "Administration" paragraph E "Variance" is amended by adding at the end thereof the following: "Rights authorized by a variance that are not exercised within one year of the date of grant of such variance shall lapse." Section XIX. Section IX "Administration" paragraph C "Board of Appeals" is amended by adding the end thereof: "The decision of the Board shall be made within seventy-five days after the date of the filing of an appeal, application or petition except in regard to Special Permit - failure by the Board to act within 75 days shall be deemed to be the grant of the relief, application or petition sought." Section XX. Section IX "Administration" paragraph C "Board of Appeals" is amended by adding after Planning Board in subsection 4 thereof, the following: "within fourteen days" J00 April 28, 1977 Section XXI. Section IX "Administration" is amended by adding paragraph C the following: Paragraph C "No variance or special permit, or any extension, modification or renew- al thereof, shall take effect or be considered as granted, until a copy of the decision bearing the certification of the city clerk that twenty days have elapsed and no appeal has been filed or that if such appeal has been filed, that it has been dismissed or denied, is recorded in the registry of deeds for the county and district in .which the ' land is located and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner ofipplicant, and the Board of Appeals shall notif the applicant of his responsibility for filing with the Registry of Deeds." Section XXII. Section VII "Supplementary Regulations" paragraph E "Signs" is amended ter by deleting the words "refer to the Salem Building Code, Chapter 4, Park 24" and add the words, "refer to the Salem Sign Ordinance". Section XXIII. Section IX:"Administration"-paragraph-D, is amended by adding after the third paragraph thereof: "and unless said application complies in all other ,respects - with provisions of this Zoning Ordinance". Section XXIV. Section VI, Density Regulations, Table 1 is revised as follows: Minimum Lot Area (square feet), R-1 - 15,000, R-2 - 15,000 and R-3 - 25,000 Minimum Lot Area per dwelling unit, R-1 - 15,000, R-2 - 7,500 Minimum Lot Width (ft.) R-1 - 100, R-2 - 100 Section XXV. Section VIII, Nonconformity, Paragraph B, Section 1 is deleted and the following Section 1 is added: "Any increase in area, frontage, width, yard, or depth requirements of a zoning ordinance or by-law shall not apply to a lot for single and two-family residential use which at the time of recording or endorsement, whichever l occurs sooner was not held in common ownership with any adjoining land, conformed to then existing requirements and had less than the proposed requirement but at least five thousand square feet of area and fifty feet of frontage. The provisions of this para- graph shall not be construed to prohibit a lot being built upon, if at the time of the building, building upon such lot is not prohibited by the Salem Zoning Ordinance." Section XXVI. This Ordinance shall take effect as provided by City Charter. (286.) The following Ordinance was adopted for second passage on the motion of Council- yl fir', Second Passagey Zoning - Cluster Dev, for Atkins by a roll call vote of 11 Yeas: In the year one thousand nine hundred and seventy-seven. An Ordinance to amend the Zoning Ordinance of the City of Salem by providing for "Cluster Residential Development". 1 Be it ordained by the City Council of the City of Salem, as follows : SECTION 1. Section VII of the Zoning Ordinance of the City of Salem 1965 as revised 1969, 1972, 1974 and 1976 is hereby amended by adding after paragraph M the following N. CLUSTER RESIDENTIAL DEVELOPMENT 1. Purpose For the purpose of promoting the more efficient use of land in harmony - ; April 28, 1977 with its natural features and with the general intent of the Zoning Ordinance and to protect and promote the health, safety, convenience and general welfare of the inhabi- tants of the City, an owner or owners of a tract of land situated within the R-I "One family Residential District", R-C "Residential conservation Districts", R-2 "Two- family Residential Districts", and R-3 "Multi-family Residential Districts"or a duly authorized agency thereof, may, in connection with the submission of a subdivision plan for Planning Board approval under the Subdivision Control Law, or, if no such approval is required, after consultation with the Planning Board, make application to the Planning Board for a special permit excepting his plan from the lot area and frontage requirements of Section VI. 2. Any petition filed for a Cluster Residential Development-under this section shall be accompanied by five copies of a site plan which shall be at a scale to be establish- ed by the Planning Board and shall include five copies of all the information required for a "Definitive Plan" under Section III B of the Subdivision Regulations of the Planning Board of the City of Salem and such petition shall also be accompanied by five copies of an Environmental Impact Statement as set out in Appendix A of the Sub- division Regulations of the Planning Board of the City of Salem. 3. The Planning Board shall, within seven (7) days after receipt of said application, transmit one copy of said application and plan to the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission who may be their discretion, investigate the application and report in writing their recommendations to the Planning Board. The Planning Board shall not take final action on such plan until it has received a report thereon from the Inspector of Buildings, City Engineer, Board of Health and Conservation Commission or until thirty-five (35) days have elapsed after distribution of such application without a submission of a report. Notice of the filing of the petition shall be given to the City Clerk, Fire Depart ment, Police Department, Superintendent of Street and School Department and further notice shall be given as required by the Planning Board and a public hearing shall be held within sixty-five (65) days after filing of an application in accordance with Massachusetts General Law Chapter 40A. 4. Failure by the Planning Board to take final action upon an application for a Special Permit within ninety (90) days following the date of the public hearing shall be deemed to be a grant of the permit applied for. 5. After notice and public hearing as set forth above, the Planning Board by a two thirds vote, may grant such a permit provided that: a. No structure shall exceed two and one half (2.5) stories. b. As far as possible, the plan follows the natural contours of the terrain and respects the natural features of the site. c. The proposed plan is in harmony with the purpose and intent of this Ordinance and the Master Plan of the City of Salem and that it will promote the purposes of this section. 1n2 April 28, 1977 d. The area of the tract of land to be subdivided is not less than five (5) acres. e. When the open land is added to the building lots, the total area shall be at least equal in area to the land area required, by. the Ordinance or by-law for the total number of units or buildings contemplated in the Development for the zoning district. f. At least twenty (20) percent of the total tract areas (of which at least fifty (50) percent shall not be wetlands or slopelands, nor shall it include streets, ways and parking areas) shall be set.aside as Common land and shall consist of usable open space. g. The Cluster Development would not result in a new negative environmental impact. 7. The Planning Board may, in appropriate cases, as they determine impose further restrictions upon the "Cluster Residential Development" or parts thereof as a conditio of granting the special permit. JI 8. Any Special Permit granted hereunder shall lapse within two (2) years if a sub- stantial use thereof has not sooner commenced except for good cause, or, in the case of permit for construction, if construction has not begun by such date except for good cause. Section II. This Ordinance shall take effect as provided by City Charter. (287. The following Ordinance was adopted for second passage by a unanimous roll call Second Passage Planned Unit Develop- vote on the motion of Councillor Atkins : went. In the year one thousand nine hundred and seventy-seven. An Ordinance to amend the Zoning Ordinance of the City of Salem by providing for "Planned Unit Development". Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Section VII of the Zoning Ordinance of the City of Salem 1965 as revised 1969, 1972, 1974 and 1976 is hereby amended by adding after paragraph N the following: i O. PLANNED UNIT DEVELOPMENT 1. The Planning Board may grant a Special Permit for a Planned Unit Development for any parcel of land in the following Districts: R-3 "Multi-family Residential" B-1 "Neighborhood Business District" B-2 "Highway Business" I�N B-3 "Central Business" B-4 "Wholesale and Automotive Business" B-5 "Central Development District" I "Industrial" provided that said parcel contains a minimum of the lesser of sixty thousand square feet or five times the minimum lot size of the Zoning District it is in, and subject to the following requirements and conditions: 2. Purpose The Planned Unit Development District is designed to provide various types of land use which can be combined in compatible relationship with each other as part .of a totally planned development. It is the intent of this District to 103 April 28, 1977 insure compliance with the Master Plan and good zoning practices while allowing certai desirable departures from the strict provisions of specific zone classifications. The advantages which are intended to result from the application of the Planned Unit Development District are to be insured by the adoption of a precise development plan with a specific time limit for commencement of construction. 3. All uses or any combination thereof, permitted in R-3 "Multi-family Residential", B-1 "Neighborhood Business", B-2 "Highway Business" B-3 "Central Business", B-4 "Whole- sale and Automotive Business", B-5 "Central Development District", and ."Industrial" ' may be allowed in a Planned Unit Development subject to the following limitation of uses: a. There can be a multiplicity of types of residential development provided that, at the boundaries with existing residential development, where typical development is permitted, the form and type of development of the Planned Unit Development site boundary is compatible with the existing or potential development of the surrounding neighborhoods. b. A specific commercial or industrial use for property adjacent to an existing commercial or residential zone may be approved as a Planned Unit Development. Where this is permitted, the plan for the total property shall be submitted and the appli- cant shall clearly detail, by engineering and architectural specifications and drawings the manner in which the subject area is to be developed and the means that will be employed to protect the abutting property and the health, safety, welfare and privacy enjoyed thereon. c. Maximum bulk, yards, parking and loading requirements shall be established for each Planned Unit Development District by the development Plan approved by the Planning Board. "Height limitations shall be in accordance with the Zoning District in which the Planned Unit Development is located." d. Minimum Lot Frontage: To preserve and protect the value of properties adja- cent to a proposed Planned Unit Development District and to provide for an orderly and uniform transition; lots which will be adjacent or across the street from existing lots, but not greater than minimum ordinance requirements for the zone in which they are located. A' e. Minimum Lot Size: Residential lot sizes in a Planned Unit Development Distric r may be reduced below the minimum standard required by the Zoning Ordinance. As a pre- requisite, the developer shall demonstrate that there is a reasonable relationship between the proposed lot size and the usable and accessible open area within the total development. An individual lot shall be large enough to provide for private open space associated with the living accomodations. 4. Any petition filed for a Planned Unit Development under this Section shall be accompanied by five copies of a site plan which shall be at a scale to be established by the Planning Board and shall include five copies of all the information required 1 _ 1104 _ April 28, 1977 for a "Definitive Plan" under Section III B of the Subdivision Regulations of the Planning Board of the City of Salem and such petition shall also be accoupanied by five copies of an Environmental Impact Statement as set out in Appendix A of the Sub- division Regulations of the Planning Board of the City of Salem. 5. The Planning Board shall, within seven (7) days after receipt of said application, transmit one copy of said application and plan to the Inspector of Buildings, City Engineer, Board of Health, and Conservation Commission who may, at their discretion, in'vestigate ,the application and report in writing their recommendation to the Planning Board. The Planning Board shall not take final action of such plan until it has received a report thereon from the Inspector of Buildings, City Engineer, Board of Health, and Conservation Commission or until thirty-five (35) days have elapsed after distribution of such application without a submission on a report. Notice of the filing of the Petition shall be given to the City Clerk, Fire De- partment, Police Department, Superintendent of Streets and School Department and further notice shall be given as required by the Planning Board and a public hearing shall be held within sixty-five (65) days after filing of an application in accordance with Massachusetts General Law Chapter 40A. 6. Failure by the Planning Board to take final action upon an application for a Speci- al Permit within ninety (90) days following the date of the public hearing shall be deemed to be a grant of the permit applied for. 7. After notice and public hearing as set forth above, the Planning Board by a two thirds vote, may grant such a permit provided that: a. The proposed Planned Unit Development is in harmony with the purpose and intent of this Ordinance and the Master Plan of the City of Salem and that it will promote the purpose of this Section. b. The mixture of uses in the Planned Unit Development is determined to be sufficiently advantageous to render it appropriate to depart from the normal require- ments of the District. c. The Planned Unit Development would not result in a net negative environ- mental impact. i 8. Provisions shall be made so that "usable open space" shall be owned: a, by the City of Salem for park, open space or conservation use. b, by a corporation or trust owned or to be owned by the owners of lots or resi- dential units within the land that may be approved by the Planning Board, with provi- sions for limited Easements for recreational use by residents of the City provided that such ownership shall vest in sufficient rights to enable it to enforce compliance with the restrictions imposed by the Planning Board as conditions of its special permit 9. The Planning Board may, in appropriate cases as they determine, impose further restrictions upon the Planned Unit Development or parts thereof as a condition to granting the special permit. April 28, 1977 10. Any Special Permit granted hereunder shall lapse within two (2) y7for stantial use thereof has not sooner commenced except for good cause, or of permit for construction, if condtruction has not begun by such date good cause, Section II. This Ordi nance shall take effect as provided by the City Charter. On the motion of Councillor McCabe the meeting adjourned at 10:20 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK k.� i I �.. `.,:10, I May 12, 1977. A regular meeting of the. City Council: was held in the Council Chamber on Thursday, May 12, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on May 6, 1977 at 11:29 A.M. I All members were present. President Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. 358. A public hearing was held on the petition of the New England Telephone and Tel. Pole Re-location Marlborough Rd. at and the Massachusetts Electric Co. to relocate 1 pole on Marlborough Road at Rockdale Rockdale Ave. Avenue. George Cooley, Right of Way Agent for the New England Telephone Co. appeared in favor. There was no opposition. Hearing closed. On the motion of Councillor Marti- neau petition granted as follows:- Northerly side of Marlborough Road, approximately 99 feet easterly of existing pole 330/42, place one pole. Also, northerly side, approximately one hundred twenty-five feet easterly of existing pole 330/42, remove one pole. (317.) Councillor Grace requested unanimous consent to refer to Unfinished Business Confirmation - George alsh - Tourist Comm. relative to the confirmation of the appointment of George Walsh to the Tourist Comm. Councillor Plante objected. 359. The Mayor's appointment of Mrs. John Olbrych as a member of the Industrial Develop Appt. Mrs. John Olbrych Industrial Development ment Commission for the term expiring October 1, 1982 was confirmed under suspension of Commission the rules by a unanimous roll call vote of 11 Yeas. 360. The Mayor's appointment of Lewis H. Duke as a member of the Board of Trustees of Appt. - Trustees = Plummer Home for Boys the Plummer Home for Boys, for the term expiring February 1, 1979 was confirmed under Lewis H. Duke suspension of the rules by a unanimous roll call vote of 11 Yeas. 361. The Mayor's appointment of Norman R. Tache as Salem's representative on the Board North Shore Community Action Program - Appt. of Directors for the North Shore Community Action Program was received and placed on Norman R. Tache file on the motion of Councillor McCabe. f 362. The following Order recommended by the Mayor was adopted under suspension of the Appr. Police - Unpaid Bills rules on the motion of Councillor Rochna: ORDERED: That the sum of Thirty-Four Thousand One Hundred Eighty-Eight Dollars and Sixty-One Cents ($34,188.61) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Police-Unpaid Bills" Account in accordance with the recommen- dation of His Honor the Mayor. 363. The following Order recommended by the Mayor was referred to the Committee on Appr. Police-Payroll Finance on the motion of Councillor Rochna: ORDERED: That the sum of Twenty-Four Thousand Dollars ($24,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Police-Payroll" Account in accordance with the recommendation of His Honor the Mayor. _. Q - n"I May 12, 1977 The following Order recommended by the Mayor was referred to the Committee on 364. Trans. - Group Finance on the motion of Councillor Rochna: Ins. & Medicare Ext. ORDERED: That the sum of Ninety-Six Thousand Dollars ($96,000.00) be and the same is hereby transferred from the "Interest-Temporary Loans" Account to the following Account The sum of Eighty-Six Thousand Dollars ($86,000.00) to the "Employees Group Insur- ance" Account. The sum of Ten Thousand Dollars ($10,000.00) to the "Medicare Extension" Account, in accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor was adopted under suspension of the 365. Appr. Council on rules: Aging - Expense ORDERED: That the sum of Seven Hundred and Eighty-Two Dollars and Forty Cents ($782.40 be and the same is hereby appropriated from the "Meals for Aged" Account to the "Council on Aging-Expenses" Account in accordance with the recommendation of His Honor the Mayor. The following Order recommended by the Mayor was referred to the Committee on 366. Trans. - Postage & Finance on the motion of Councillor Boulay: Xerox ORDERED: That the sum of Nine Thousand Dollars ($9,000.00) be and the same is hereby transferred from the "Public Property-Special Items" Account to the following: The sum of Four Thousand Dollars ($4,000.00) to the "Postage-All Departments" Account. The sum of Five Thousand Dollars ($5,000.00) to the "Xerox-All Departments" Accoun . In accordance with the recommendation of His Honor the Mayor. Councillor Saraceno requested and received unanimous consent to refer to Motions, 367. Mayor execute deed Orders and Resolutions. Councillor Saraceno then introduced the Order which was adopt- Lafayette P1. to Philip & Caroline a ed by a unanimous roll call vote of 11 Yeas: Cahill ORDERED: That the Mayor is hereby authorized to execute, seal, acknowledge and deliver to Philip W. Cahill and Caroline F. Cahill, husband and wife as tenants by the entirety a release deed of all the right title and interest of the City of Salem in and to the premises more particularly bounded and described as follows : i I The land in Salem, Essex County, Massachusetts with the buildings thereon, bounded and i described as follows: NORTHEASTERLY by Lafayette Place, one hundred twenty and 76/100 (120.76) feet; 7J I _ SOUTHEASTERLY by land now or formerly of the grantees herein, one hundred eighteen and I 76/100 (118.76) feet; and i SOUTHWESTERLY by land now or formerly of the grantees herein, fourteen and 32/100 (14.32) Being a triangular parcel of land containing 847.5 square feet more or less, and shown on a plan of land entitled "Plan of land in Salem, property of Philip W. and Caroline B. Cahill, Scale 1"= 40' , April 28, 1977, Essex Survey Service, Inc. , 47 Federal Street, Salem" recorded herewith. The said deed is given for the purpose of releasing to the abutting owner the interest of the City of Salem, which it inadvertently omitted to do following its 1938 relocation of Lafayette Place. ink May 12, 1977 Transfer 368. The following Order recommended by the Mayor was a opte — Playground-Expense ORDERED: That the sum of One Thousand Dollars ($1,000.00) be and the same is hereby transferred from the "Playground-Equipment" Account to the "Playground-Expense" Account in accordance with the recommendation of His Honor the Mayor. 369. The following Ordinance was recommended by the Mayor. On the motion of Councillor First Passage Working Foreman, Water Saraceno the Ordinance was adopted for first passage by a roll call vote of 9 Yeas, System Main. Craftsman 2 Nays : In the year one thousand nine hundred and seventy-seven. An Ordinance relating to classification and Salary Schedules of Certain employees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows : SECTION I. The Ordinance relating to Classification and Salary Schedules of Certain employees of the City of Salem as amended and adopted is hereby amended by adding under Job Group IX the following. WORKING FOREMAN WATER SYSTEM MAINTENANCE CRAFTSMAN. STEP I STEP II STEP III t $208.94 $227.95 $237.97 SECTION II. The Ordinance relating to Classification and Salary Schedules of Certain employees of the City of Salem as amended and adopted is hereby amended by deleting the following under Job Group VIII. WORKING FOREMAN WATER SYSTEM MAINTENANCE CRAFTSMAN. STEP I STEP II STEP III $199.46 $217.29 $227.36 SECTION III. This Ordinance shall take effect as provided in the City Charter. 370. A communication was received from the Mayor returning Council Order #334 unsigned. owntown parking rder (#334.) The Mayor stated that he was,not disapproving of the order, which requested a meeting relative the future use of "Almy's Parking Lot" and other parking areas, but felt that the Off Street Parking Commission should be included. On the motion of Councillor Plante it was voted to amend the order to include the Off St. Parking Commission. 371. A communication was received from the Mayor submitting for acceptance a lease Lease - Winter Island Hydro-Dredge Corp. for a portion of Winter Island for one year to Hydro-Dredge Corp. On the motion of Councillor Atkins the matter was referred to the Committee on Community Development. W 372• The following proclamation was received from the Mayor: Proclamation re. Mass Bay Trans. Auth. On the motion of Councillor Bouley it was adopted. Letters forwarded to the legislators and Governor. . Councillor Grace recorded voting present. A PROCLAMATION To General Court supporting Senate Bill No. 1656, relating to Collective Bargaining as it pertains to the Massachusetts Bay Authority. May 12, 1977 WHEREAS, the total MBTA deficit has increased from $81,311,174 to $154,407,650 over the last five years; and WHEREAS, fifty percent of this deficit is assessed against the seventy-nine commun- ities within the MBTA district; and WHEREAS, recent increases in this deficit have directly contributed to rising real estate taxes; and WHEREAS, the MBTA assessment on the City of Salem has increased from $430,500 to $571,000 over the last four years; and WHEREAS, approximately ninety percent of the increase in the MBTA deficit is attributable to increased personnel costs; and WHEREAS, the average pay of the 6,500 MBTA employees is now $18,500 annually; with only 50 such employees receiving less than $14,000 annually; and WHEREAS, S. 1656, currently before the legislature, helps to restore a better balance to the MBTA collective bargaining process by restricting compulsory • and binding arbitration; NOW THEREFORE we the City of Salem, do hereby most respectfully request the General Court of the Commonwealth of Massachusetts to enact legislation contained in Senate Bill No. 1656 of 1977, relating to collective bargaining as it pertains to the Mass- achusetts Transportation Authority-and we hereby support said proposal. 373. A communication was received from the Mayor for the Laying Out of Klop Alley from Laying out of Klop Alley - from New Derby New Derby St. to Lafayette St. Councillor Cawley moved that the matter be referred St. to Lafayette St. to the Committee on Community Development. 374. The Mayor's appointment of Bernard Rochna as a Constable for the term of one year Appt. of Bernard Rochna Constable effective June 1, 1977 was received and placed on file on the motion of Councillor Grace. 375. Councillor Martineau offered the following Order which was adopted: Traffic Lights Lafayette and Harbor St ORDERED: That the Department of Public Works of the Commonwealth of Massachusetts look into the feasibility of installing pedestrian lights at the intersection of Lafayette and Harbor Streets. 376. The following Ordinance was referred by Councillor Cawley to the Committee on Ordinance establishing Personnel Dept. and jPersonnel and Salaries and the Committee on Ordinances and Legal Affairs to meet duties of Personnel Director jointly. In the year One Thousand nine hundred and Seventy-seven YAN ORDINANCE relating the establishment of a Personnel Department and duties of th Personnel Director. Be it ordained by the City Council of the City of Salem, as follows: IIQ May 12, 1977 SECTION I. There is hereby established a Personnel Department for the purpose of administering such personnel laws, rules, and policies as may be authorized and adopted by the Mayor and City Council. The Personnel Department shall consist of a Personnel Director and such other employees as may be deemed necessary for the proper.. administration of the department. SECTION 2. The Mayor shall appoint, subject to confirmation by the City Council, a person qualified by training and experience to be the Personnel Director. All other employees of the department shall be appointed by the Personnel Director. SECTION 3. The Personnel Director shall be the head of the department and be respon- sible for the conduct of all its affairs. It shall be the duty of the Personnel Director, in person or through the department, to: (1) Recommend personnel rules and revisions thereof for the consideration of the Personnel Board and Mayor: (2) Interpret and enforce the personnel rules and policies adopted by the city; (3) Maintain a current set of class specifications and see that they are regularly reviewed by department heads and employees to assure the accuracy of class titles, duties, responsibilities and qualification requirements; (4) Conduct such classification studies as the Personnel Board may request, including performing position audits, in order to assist in maintaining the class- ification plan; (5) Negotiate or assist in collective bargaining on behalf of the city; (6) Conduct such studies regarding pay rates and policies as may be requested and to prepare recommendations for changes to the pay plan for the consideration of the Personnel Board. ! : _nc (7) Establish and maintain a roster of all city employees, including name, address, job title, department, current rate of compensation, status and type of appointment, etc. (8) Establish and maintain the official personnel record of each employee which shall enclude the original application, current Massachusetts Civil Service classification and pay rate, previous positions held in city service, leave use, and other relevant employment records; ) (9) Foster and develop programs for the improvement of employee health, d` safety, training, counseling, and welfare; (10) Provide advice and assistance to appointing authorities or department heads in determining the numbers and kinds of positions needed to carry on the department's business, examining applicant's qualifications, appointment procedures, grievance handling, or any other personnel matter; 11.1 May 12, (11) Review and forward all requests for personnel actions affecting positions under Massachusetts Civil Service; (12) Keep all parties in city government informed of city personnel policies, policies established by Massachusetts Civil Service and policies established by the State and Federal governments that have a direct bearing on personnel matters; and (13) Certify that all personnel actions have been made in accordance with all applicable laws, rules, policies and labor agreements. SECTION 4. This Ordinance shall take effect as provided by the City Charter. 377. Councillor Saraceno offered the following resolution: Resolution Re: On the motion of Councillor McCabe, the resolution was referred to the Committee on Sale of Public Lands Rules and Bonds. TO: Members of the Salem City Council I hereby make the following recommendations for the sale of lands, buildings, easements and rights held to be in excess of the City of Salem's needs. Pursuant to Chapter 40, Section 15, which the city is bound to act there-under, km I that the following regulations and guidelines are hereby tendered for Council approval. 1. The Public Property, Planning, Engineering and Conservation Departments/ Commissions are duly authorized to make the determinations on land, building, easements and rights owned by the City of Salem, as being in excess for sale purposes. The City Clerk shall offer said excess land, buildings, easements or rights by advertising with the full description thereof and their permitted use. All bids shall be sealed. 2. Any person or party interested shall apply at the City Clerk's Office and purchase for a nominal fee, as set by the City Clerk, the regulations, guide-lines and list of land, buildings, easements and rights that are available. 3. All declaritory statements of excess land, buildings, assesments or rights must be appraised either by an independent real estate appraiser or by the Board of Assessors or both. 3A. All sealed bids to purchase must be presented to the office of the City Clerk, and shall be properly recorded and time-dated at time of receipt. B. The City Clerk shall present to the City Council at its regular scheduled eeting, all such requests. C. The City Council President shall automatically refer such requests to the Committee on Community Development. D. The Committee on Community Development shall review the request for purchase as to fair market value, proposed use, and set forth any and all regulations pertaining to use and time limits of said property, if it is to be developed. Any restrictions laced on the purchase must be a condition of the deed or conveyance. The Community evelopment Committee shall report its findings and recommendations to the full ouncil at its next regular meeting. laiLL May 12, 1977 E. Said land, buildings, easements or rights can only be sold for such purpose as the present zoning laws prescribe, unless otherwise noted. Recommendations of sales of the above, shall be made in the best interests of the City of Salem. F. There shall be executed on the first business day of April and the first business day of September of each year, a legal size advertisement to appear in a newspaper of general circulation in the City of Salem all lands, buildings, easements or r rights determined to be held in excess and not required for usage by the City of Salem. These advertisements shall appear once a week for a two week period beginning with the first week in April and September of each year. The cost of said advertisements shall be pro-rated over the number of parcels of land, buildings, easements or rights Y declared to be of no need or use by the City of Salem, that have been transferred by sal i a or lease. G. All aforementioned costs shall be added to the established sale price, 1 as determined by the City Council and the Mayor. H. All procedures will be subject to Chapter 40, Section 15. 378. Park Comm. Install Councillor Atkins moved for adoption of the following order: Stone Pillars Fort Lee ORDERED: That the Park Commissioners examine the possibility of installing stone pillars at the entrances to the parking lot on Fort Avenue at Fort Lee to enable closing off of said parking lot at 11:00 P.M. Further it is requested that the Park Commissioners report to the City Council on the feasibility of this project. 379. Report for Comm. on Councillor Martineau offered adoption of the following report: for the, Committee on Licenses & Permits Licenses & Permits: RENEWALS JUNK DEALER Universal Steel & Trading Corp. , 297-305 Bridge Street SECOND HAND FURNITURE DEALER Salem Used Furniture Shop, 304 Essex St. , Salem NEW LICENSES TAXI OPERATOR William T. Josey, Jr. , 36 Harbor St. , Salem 380. Salary Ordinances eff. The Committee on Personnel & Salaries to whom was referred Salary Ordinance effective & 7/1/77 1/1/78 (#271 & 272) July 1, 1977 and January 1, 1978, has considered said matter and would recommend first passage of the following: REPORT: The Salary and Wage Classifications Schedule Ordinances effective July 1, 1977 and January 1, 1978 have been reviewed by the City Auditor. In a letter dated April 25, 1977 from the City Auditor to the Chairman on Personnel and Salaries, the City Auditor states that he has checked ordinances pertaining to salaries for July 1, 1977 and January 1, 1978 and that they appear to be correct. Report accepted, recommendation adopted as follows: Councillor Atkins moved adoption of first passage . on Salary Ordinance effective :July 1, 1977 was adopted by a roll call vote of 11 yeas. ouncillor Atkins moved adoption of first passage on Salary Ordinance effective January 1, 1978 was adopted by a roll call vote of 10 yeas and 1 nay. 113 May 12, 1977 381. The Committee on Ordinances & Legal Affairs to whom was referred an O7forthe Ordinance on Noise Pollution Prohibiting Unnecessary Noises has considered said matter and would recomme ordinanance be adopted for first passage. Acception and adoption of Ordina82 first passage was adopted. Ordinance on Noise See Paper 382, Pollution First Passage . 383, Councillor Martineau moved that the Harbor Master's Log dated April, 1977 be Harbor Master's Log received and placed on file. April, 1977 is F.. 384- T- The at.tendance� reports of certain boards and Commissions were received and Attendemce Report of Certain boards & placed on file. Commissions 385. Councillor Cawley moved acceptance of invitation from Salem Firemen's Relief Invitation to Council to attend services Association to attend services at Harmony Grove Cemetery on June 12 at 9: 15 A.M. at Harmony Grove Cem. On the motion of Councillor Nowak, a license was granted to Memorial Park 386. Appl. for a TAG DAY Playground TAG DAY on June 11, 1977 Memorial Park A list of renewals of certain Licenses was referred to the Committee on Licenses 387. Renewals of certain and Permits. licenses 388. Application of William Hollow, SZ Leach Street, Salem, Second Hand Dealer, Appl. Second Hand Dealer. William was referred to the Committee on Licenses & Permits. Hollow. On the motion of Councillor Bouley, the following claims were referred to the 389.- 396 Claims Committee on Ordinances and Legal Affairs. Theresa A. Barrett, 32 Ocean Ave. , Salem Seth Henault, 41 Emerson St. Ext. , Peabody Gertrude Kehoe, 8 Allen St. , Salem Jessie Konopka, 19 E. Collins St. , Salem Leonard J. Milaszewski, 2 Gerrish Pl. , Salem Norm Stanley, 26 Pequot Rd. , Marblehead The matter of second passage of an Ordinance relative to amending an Ordinance (326) Second Passage to establishing Human Rights Commission by adding certain words, was taken up. On the Amend Ordinance Human Rights Comm. motion of Councillor Atkins the motion was adopted for second and final passage. The matter of second passage of an Ordinance relative to the deletion of all (332) Second Passage of references to the Board of Control and inserting Market Area Management Commission deletion of Board of Control & Inertion of was taken up. On the motion of Councillor Cawley the Ordinance was adopted for Market Area Manag, Comm r second and final passage. The matter of second passage of an Ordinance relative to Traffic - Prohibiting (339) Second Passage Traffic- Parking on High Street was taken up. Councillor Saracen amended 20'West to read Parking High Street "60' west to be restricted as a loading zone." The ordinance was adopted as amended for second and final passage, (341) The matter of second passage of an Ordinance relative to prohibiting parking Second passage Parking on Vale St. on Vale Street was taken up. On the motion of Councillor Saraceno the ordinance was adopted for second and final passage, May 12, 1977 (340) Second Passage The matter of second passage of an Ordinance relative to Traffic in the Downtown Traffic - Downtown Area Area was taken up. On the motion of Councillor Martineau. the Ordinance was adopted for second and final passage as follows: In the year one thousand nine hundred and seventy-seven An Ordinance to amend an ordinance relative to traffic Be it ordained by the City Council of the City of Salem, as follows: L' Section 1. Chapter 15, Section 10 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by repealing the following streets: Central Street -from Essex Street to Derby Steeet, in a southerly direction. Essex Street -from Hawthorne Boulevard to North Street, in a westerly direction. Higginson Square -in a northerly direction. Chapter 15, Section 10 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by adding the following streets: Essex Street -from Hawthorne Boulevard to New Liberty Street, in a westerly direction. Essex Street -from Washington Street to North Street, in a westerly direction. f Section 2. Chapter 15, Section 11 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by repealing the following streets: Central Street -westerly side, for a distance of fifty (50) feet extending southerly from a point forty (40) feet south from Essex Street as indicated by signs market "N.Y. Bus Stop. " Essex Street -northerly side, for a distance of one hundred and twenty six (126) feet extending easterly from a point twenty (20) feet easterly from Washington Street as indicated by signs. Section 3. Chapter 15, Section 13 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by repealing the following streets: "On the northerly side of Essex Street opposite Central Street, for a distance of thirty (30) feet as marked by signs." "On the easterly side of St. Peter Street, beginning at a point twenty-eight and seven tenths feet northerly from the intersection of St. Peter Street and Essex Street and extending twenty (20) feet in a northerly direction." Section 4. Chapter 15, Section 24 (a) of the Revised Ordinances of the City of Salem, Mass 1952 is hereby further amended by deleting the words "traffic committee" and inserting in place thereof the words, "Municipal Services Committee. " Section 5. Chapter 15, Section 43 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by inserting the following: (a) "The driver of a vehicle shall not drive upon the Essex Street Mall, so-called except that children's carriages, sleds drawn: by hand, properly licensed horse-drawn vehicles and those delivery or service vehicles actually in the process of servicing the tenants of a building otherwise unaccessible to May 12, 1977 r said vehicles, may with the approval of the Market Area Management Commission, traverse said mall in accordance with local ordinances. Pedestrian propelled bicycles may also traverse said mall." Section 6. Chapter 15, Section 49 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by deleting the following: I "North bund drivers on St. Peter Street at Brown Street" and inserting in place 'thereof "Northerly bound traffic on New Liberty Street at Brown Street." Section 7. Chapter 15, Section 50 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by adding the following: (1) "Upon the Essex Street Mall, so-called, except that children's carriages, sleds drawn by hand, properly licensed horse-drawn-vehicles and those delivery or servi e vehicles actually in the process of servicing the tenants of a building otherwise unaccessible to said vehicles, may park or stop upon the mall, except that no vehicle of any description or upon any mission except an emergency may park or stop so as to obstruct a fire lane, or so as to block or impede the public right. of way. Bicycles may be parked upon said mall in a manner complying with the above restrictions." Section 8. Chapter 15, Section 51 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by repealing the foll'nwing streets: Essex Street -"between Hawthorne Boulevard and North Street, southerly side." Higginson Square -"both sides." -"On the northerly side of Essex Street from the westerly line of St. Peter Street beginning at a point forty feet westerly of such street line and extending in a westerly direction for a distance of two hundred four and six-tenths feet as marked by signs." Chapter 15, Section 51 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by adding the following streets: Essex Street -"between Hawthorne Boulevard and New Liberty Street, southerly side," Essex Street -"between Washington Street and North Street, southerly side." Section 9. Chapter 15, Section 56 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby further amended by repealing the following streets: Central Street -"easterly side, between Essex Street and a point nineteen and one-half feet northerly from the Police Driveway-One hour Parking." Central Street _ -"westerly side, between Essex Street and Front Street-One hour Parking." Central Street -"between Essex Street and Front Street, both sides, except that portion of the easterly side immediately fronting the police headquarters for a distance of twenty-five feet extending southerly from the police driveway; also that portion of the westerly side adjacent to Essex Street known as the New York bus stop between the hours of 7: 15 a.m. to 9: 15 a.m. and 7: 15 p.m, to 9: 15 p.m. Angle parking is required on May 12, 1977 - ;the easterly side of Central Street extending northerly from Charter Street to a point twenty-five feet south from the police driveway." Essex Street -"northerly side, Hawthorne Boulevard to a point one hundred and forty-six feet easterly from Washington Street, excep- ting the thirty feet service area at Central Street.- One hour Parking." Essex Street -"between Hawthorne Boulevard and the westerly street line of Central Street, northerly aide, one hour parking." Essex Street - -"between Hawthorne Boulevard and North Street, northerly side." Essex Street -"between the westerly street line of Central Street and Washington Street, northerly side. Twenty-four minute parking." St. Peter Street -"between Essex Street and Federal Street, easterly side." Chapter 15, Section 56 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby amended by adding the following streets: Central Street -"westerly side between the Essex Street Mall and Front Street. One hour parking." Essex Street -"northerly side, Hawthorne Boulevard to New Liberty Street. One Hour Parking." Essex Street -"between Hawthorne Boulevard and New Liberty Street, north- erly side." Essex Street -"between Washington Street and North Street, northerly side." St. Peter Street -"between Church Street and Federal Street, easterly side." Section 10. Chapter 15, Section 74 of the Revised Ordinances of the City of Salem, k' Mass. 1952 is hereby further amended by adding the following to section (1); "Upon the Essex Street Mall, so called." Section 11. This Ordinance shall take effect as provided by the City Charter. (317) Reconsideration- The matter of reconsideration of Yellow Cab of Salem application for 9 Yellow Cab of Salem passenger autos was taken up. The reconsideration was denied by a roll call vote of 2 yeas, 8 nays, and 1 present. (317) Appt. George Walsh On the motion of Councillor Grace, the matter of the Appointment of George ' Tourist Commission Walsh to the Tourist Commission was taken up. The matter was laid on the table unti the next regular meeting by a roll call vote of 7 yeas, 4 nays, 0 present. Councillor Grace objected. i ggill f i 1 1 rI May 12, 1977 �— ---moi The City Council wished Tim Johnson of the Peabody Times good luck in his Tim Johnson new position in the Mid West. Councillor Grace was appointed to draw four jurors for Superior Court at Salem, Jurors June 6th 1977 sitting. at Salem John T. Adamo, 318 Highland Ave, Production Clerk Armand D. Marquis, 12 Calabrese St. Machine Assem Gerard E. Ouellette, 14 Oakland St. Tractor Trail Driver Thomas M. Greene, 112 Bridge St, Traffic Supervis Councillor Rochna was appointed to draw four jurors for Superior Court at Jurors Lawrence, June 6th 1977 sitting. at Lawrence James Tournas, 8 Ames St. , Maintenance Worker Donald B. Fader, 182 Lafayette St. Leather Worker Marion Gallo, 18 Puritan Road, Waitress Mary J. Levesque, 184 Ocean Ave. , Clerk On the motion of Councillor Martineau the meeting adjourned at 9:50 P.M. ATTEST: JOSEPHINE R. FUSCO -- CITY CLERK i i May 18, 1977 Special Meeting .- zoning Change A Special Meeting of the city Council was held in the Council Chamber on Wednesday, May 18, 1977 at 6:55 p.m, for the purpose of taking final action on the matter of rezoning the Pickering Property (Northeasterly corner of Derby & Congress Sts. ) from B-4 to B-5 District. Notice of the meeting was posted May 16, 1977 at 2:47 P.m. President Swiniuch presided. Present were Councillors Bouley, Cawley, Grace, Martineau, Nowak, Plante, A/ Rochna, and Saraceno. Absent were Councillors McCabe and Atkins. +J� On the motion of Councillor Plante, the change was adopted for a second and final passage by a roll call vote of 9 yeas, 0 nays, and 2 absent. On the motion of Councillor Plante, the meeting adjourned at 7:00 p.m. ATTEST: JOSEPHINE R. FUSCO CITY CLERK May 18, 1977 _ The City Council. held a Public Hearing on Wednesday, May 18, 1977 at 7:00 P.M, in the Council Chamber relative to the proposed use of the Revenue sharing Allotments: Notice of the meeting was posted May 22,: 1977 at 3:51 P.M. President Swiniuch presided. Present were Councillors Saraceno, Rochna, Nowak,, Cawley, Grace, Bouley, Martineau, Atkins, and Plante. Councillor McCabe was absent. Also in attendance were Charles Passales, City Auditor, and Thomas Walsh, Director of Personnel. The hearing was for the purpose of allowing any interested citizen an opportunity to provide written or oral comment regarding the City Council's proposed use of Revenue Sharing Allotments in conjunction with the City of Salem, Massachusetts Fiscal 1978 Budget. Summary of proposed budget and proposed use of Revenue Sharing Allotments: PROPOSED USE OF CATEGORIES PROPOSED BUDGET REVENUE SHARING General Government $1,423,742,40 Public Safety_ 3,549,463.-24 Highways & Transportation 922,056.10 $75,000.00 (Snow) Health & Hospital. 5,321,485.10 Services for Aged 71,618.57 Parks & Recreation 933,296,85 Cemeteries 103,545.99 Annuties' 675;000:00 ' Insurance 1,075,000.00 Public Services Enterprise 764,029.23 771,622.81 (*) Debt &. Interest 3,250,350.00 500,000.00 (Int.) Schools & Libraries 12,067,620,15 Veterans 178,413.20 Youth Opportunity 96,000.00 Off Street Parking 19.1,604,.37 Workmen's Compensation 140,400.00 TOTALS $30,667,625.11 $1,442,662,81 (*) Public Services Enterprise: $295,000.00 (Street Lighting) $431,144.34 (Salem-Beverly Water Board) $ 45,478.47 (Water Expense) Councillors Cawley and Bouley were opposed to the Allotment of Funds. t On the motion of Councillor the meeting adjourned at 7:10 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 1NV t May 23, 1977 _ 'a „ A SPECIAL MEETING of the City Council was held in the Council Chamber on Monday, May 23, 1977 at 7: 00 P.M. for the purpose of taking final action on the 1977-78 budget. Notice of the meeting was posted on May 19, 1977 at 9:51 A.M. f There was no one absent. President Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of th f record of the previous meeting. Councillor Rochna offered the following report for the Committee on Finance. It was voted to accept the report. 397 The Committee on Finance to whom was referred the Annual Budget for the year Committee Report ending June 30, 1978, has considered said matter and wand recommend that the following orders be adopted. Voted 398 ORDERED: That the Annual Appropriation for Annuities and Pensions shall be Annuities & Pensions $675,000.00. Voted 399 ORDERED: That the Annual Appropriation for the Board of Appeals shall be as Appeal Board follows: Salaries and Wages $1,500.00 Expenses 968.75 Voted $2,468.75 400 ORDERED: That the Annual Appropriation for the Assessors Department shall be as Assessors follows: Salaries and Wages $73,606.24 Expenses 5.140.00 Total $78,746.24 Voted 401 ORDERED: That the Annual Appropriation for the Auditor's Department shall be as Auditing Department follows: Salaries and Wages $55,037.43 Expenses 7.325.00 Total $62,362.43 Voted 402 ORDERED: That the Annual Appropriation for the Cemetery Department shall be as Cemetery Department follows: Salaries and Wages $179,643.49 from endowed lot Funds Income - 16,000.00 �1 + f From Sale of Vaults 80,000.00 Expenses 19,152.50 New Equiptment 750.00 TOTAL $103,545.99 Councillor Cawley moved that the Cemetery Department Budget as recommended by the Finance Committee be amended by deleting the sum of $9,600.00 be eliminated from the line item "Student Laborers Agricultural School." The motion was defeated by a roll all vote of 4 yeas, 6 nays, and 1 present. Councillors Atkins, Bouley, Cawley, and _,.._.. May 23, 1977 7CoGrace were recorded as voting in the affirmative. Councillors Martineau, McCabe Nowak, Plante, Saraceno and Swiniuch were recorded as voting in the negative. uncillor Rechna was recorded as voting present. Voted 403 ORDERED. That the Annual Appropriation for Central Motor Equipment Department Central Motors shall be as follows: Salaries and Wages $122,980.29 Expenses 110,575.00 Gas, Oil & Grease, 55,000.00 All Departments TOTAL 2 ,555.29 Voted 0 404 ORDERED: That the Annual Appropriation for Christman Decorations shall be Christmas Decorations $2,000.00 Councillor Atkins voted to delete the $2,000.00 for Christmas Decorations. The motion was defeated by a hand vote of 4 yeas and 7 nays. Voted 405 ORDERED: That the Annual Appropriation for the City Clerk's Department shall City Clerks Dept. be as follows: Salaries and Wages $61,632.91 Expenses 3.715.00 TOTAL $65,347.91 Voted 406 ORDERED: That the Annual Appropriation for the City Council shall be as City Council follows: Salaries and Wages $35,300.00 Expenses 23,852.00 t TOTAL $59,152.00 Voted 407 ORDERED: That the Annual Appropriation for City Hall Annex be reduced as City Hall Annex follows: REDUCED $20,000.00 so that the Annual Appropriation for this item shall be $130,000.00 Voted 408 ORDERED: That the Annual Appropriation for the Civil Defense. Budget shall be Civil Defense as follows: Salaries and Wages $25,801.01 Fxpenses 11,978.00 TOTAL $37,779.01 May 23, 1977 Councillor Bouley moved to reduce the Civil Defense by $8,909.09 Jr. Clerk Typist. The motion was defeated by a roll call vote of 3 yeas, 8 nays, and 0 present. Councillors Bouley, Cawley, and Grace were recorded as voting in the affirmative. Councillors Atkins, Martineau, McCabe, Nowak, Plante, Rochna, Saracen, and Swiniuch were recorded as voting in the negative. Voted 409 Civil Service Regis. ORDERED: That the Annual Appropriation for the Civil Service Registration:- Clerk J Clerk shall be REDUCED $720.00 Voted 410 Collector's Dept. ORDERED: That the Annual Appropriation for the Collector's Department shall' be as follows: Salary and Wages $63,392.69 Expenses 9,275.00 TOTAL $72,667.69 Voted 411 Annual Appropriation for Community Services shall be Community Services ORDERED: That the $5,000:00. . Councillors Martineau and Nowak were opposed. Voted 412 Conservation Comm. ORDERED: That the Annual Appropriation for the Conservation Commission shall be as follows: Salaries and Wages $1,500.00 Expenses 4,280.00 TOTAL $5,780.00 Councillor Swiniuch was opposed. Voted Dog Constable 413 ORDERED: That the Annual Appropriation for the Dog Constable shall be as follows: Salaries and Wages $10,240.61 Expenses 392.50 Care & Custody of Dogs 82500.00 TOTAL $19,133.11 Councillor Grace was recorded as voting present. Voted 414 Constables-Essex Inst ORDERED: That the Annual Appropriation for the Constables at the Essex 11 Peabody Museum Institute and Peabody Museum in the amount of $25,705.89 be eliminated. Councillor Atkins moved that the amount of $25,705.89 be restored. The motion was defeated by a roll call vote of 5 yeas and 6 nays. Councillors Atkins, Grace, Martineau, McCabe, and Rochna were recorded as voting in the affirmative. Councillor Bouley, Cawley, Nowak, Plante, Saraceno, and Swiniuch were recorded as voting in the negative. Voted 1 IL May 23, 1977 415 ORDERED: That the Annual Appropriation for the Council on Aging will be as Council on Aging follows: Salaries & Wages $35,988.57 Expenses 35,630.00 1! TOTAL (� $71,618.57 Voted 416 ORDERED: That the Annual Appropriation for the Cultural Arts Commission shall Cultural Arts Comm. be $11,500.00 Councillors Swiniuch and Nowak were opposed. Voted 417 ORDERED: That the Annual Appropriation for the Elections and Registration Elections & Registratio Department shall be as follows: Salaries & Wages $53,212,82 Expenses 13,980,50 TOTAL $67,193.32 Voted 418 ORDERED: That the Annual Appropriation for the Electrical Department shall be as Electrical Department follows: Salaries & Wages $186,314.80 Expenses 20,050.00 TOTAL $206,364.80 Voted ORDERED: That the Annual Appropriation for Employees' Insurance shall be 419 reduced $100,000.00. Employees' Insurance AND BE IT FURTHER ORDERED: That the Annual Appropriation for this item shall be $900,000.00 Voted 420 ORDERED: That the Annual Appropriation for the Engineering Department shall be as Engineering Department follows: Salaries $94,339.81 Expenses 7,200.00 TOTAL $101,539.81 Voted 421 ORDERED: That the Annual Appropriation for the Fire Department shall be as Fire Department follows: Salaries & Wages $1,798,773.02 Other Expenses 80,153.00 Hose & Nozzles 6,000.00 Clothing 11,100.00 TOTAL $1,896,026.02 1?4 May 23, 1977 Councillor Martineau was recorded as voting opposed. Voted 422 Firemen's Memorial ORDERED: That the Annual Appropriation for the Firemen's Memorial shall be $150.00. Councillor Atkins moved to delete $150.00. The motion was defeated by a hand vote of 3 yeas, and 8 nays. Voted 423 Harbor Master ORDERED: That the Annual Appropriation for the Harbor Master shall be as follows: Salaries & Wages $ 420.00 Expenses 2,870.00 TOTAL $3,290.00 Councillors Martineau, Grace, and Bouley were opposed. Voted 424 Health Department ORDERED: That only the following items in the Health Department Annual Appropriati n shall be reduced as listed and all others shall remain_.as recommended: REDUCED SALARIES & WAGES Division of Administration Clerk of Board 1,000.00 Division of Community Health Dentist (Part-time) 4,000.00 Physician (Part-time) 4,000.00 EXPENSES Division of Administration Office Supplies & Equipment 500.00 Miscellaneous 600.00 Telephone 150.00 Division of Community Health Eye and Ear 500.00 Drug Treatment Program (RAP) 3,000.00 Premature Baby Care 500.00 Tuberculosis Hospitalization 750.00 Personnel Expenses 200,00 Office Supplies 400.00 Division of Environmental Health Personnel Expense 400.00 Office Supplies 200.00 Division of Solid Waste Telephone 300.00 AND BE IT FURTHER ORDERED: That the Annual Appropriation for this Department shall be as follows: DIVISION OF ADMINISTRATICY Salaries $ 53,226.61 Expenses 4,300.00 DIVISION OF COMMUNITY HEALTH Salaries 71,982.14 Expenses 24,550.00 DIVISION OF ENVIRONMENTAL HEALTH q Salaries 72,607.38 Expenses 9, 700,00 DIVISION OF SOLID WASTE Salaries 77,147.01 Expenses 578,677.35 TOTAL $892,190.49 Councillor Atkins moved to restore RAP for $3,000.00. The motion was defeated by a roll call vote of 5 yeas and 6 nays. Councillors Atkins, Bouley, Cawley, Grace and McCabe were recorded as voting in the affirmative. Councillors Martineau, Nowak, 1MJ May--23, 1977 Plante, Rochna, Saracen, and Swiniuch were recorded as voting in the negative. Councillor Cawley moved that the Health Department; Division of Community. Health Line Item Dentist Part-time be reduced by the sum of $4,000.00. Voted Councillor Cawley moved that the Health Department Division of Community Health 0 Line Item Eye and Ear be eliminated. Voted k Councillor Bouley moved to reduce Health Department Division of Community Health line item Physician Part-time be deleted by $4,000.00. The motion was approved by a roll call vote of 10 yeas, and 1 nay. Councillor Cawley voted in the negative. 425 ORDERED: That the Annual Appropriation for the Shaughnessy Hospital shall be as Health Hospital follows: Salaries & Wages - $ 2,334,335.24 Expenses 2,078,459.28 TOTAL $ 4,412,794.52 Councillor Nowak moved that the matter be laid on. table until later in the meeting last matter on Budget. Voted 426 ORDERED: That the Annual Appropriation for the Salem Historical Commission shall Historic Commission be as follows: Salaries & Wages $ 800.00 Expenses 450.00 TOTAL $1,250.00 Voted 427 ORDERED: That the Annual Appropriation for the Human Rights Commission shall be Human Rights Commission $1,000.00. Voted 428 ORDERED: That the Annual Appropriation for Independence Day shall be $2,000.00 Independence Day Councillor Atkins moved that the Appropriation be deleted by $2,000.00. The notion was defeated by a hand vote of 5 yeas, 6 nays, and 0 present. 429 ORDERED: That the Annual Appropriation for the Legal Department shall be as Legal Department ' follows: Personnel, Salaries & Wages $31,486.95 Expenses 9,850,00 TOTAL $41,336.95 Voted 430 ORDERED: That the Annual Appropriaion for Legal-Claims shall be $35,000.00 Legal Claims Voted 431 ORDERED: That the Annual Appropriation for the Library shall bd seduced as Library isted and all others shell remain as recommended: 1 May 23, 1977 REDUCED Expenses Books $10,000.00 Records 2,000.00 AND BE IT FURTHER ORDERED: That the appropriation for this Department shall be as follows: Salaries & Wages $274,182.51 Expenses 138,526.14 TOTAL $412,708.65 MINUS - State Aid Money - 15,208.50 TOTAL $397,500.15 Voted Councillor Atkins moved to restore line item Books by $10,000.00 The motion was defeated by a roll call vote of 4 yeas, 7 nays, and 0 present. Councillors Atkins, Grace, McCabe and Saraceno voted in the affirmative. Councillors Bouley, Cawley, Martineau, Nowak, Plante, Rochna, and Swiniuch voted in the negative. Licensing Board 432 ORDERED: That the annual appropriation for the Licensing Board shall be as follows: Salaries & Wages $11,059.09 Expenses 750.00 TOTAL $11,809.09 Voted 433 Loans, Interest Expen e ORDERED: That the Annual Appropriation for Treasury-Loans-Interest and Expense sha 1 be as follows: INTEREST & CERTIFICATION TEMPORARY LOANS - INTEREST $ 300,000.00 LEGAL OPINION - CERTIFICATION 25,000.00 GENERAL LOANS SCHOOL LOANS 914,862.50 EQUIPMENT LOANS 1,375.00 INCINERATOR LOAN 4-)200.00 URBAN RENEWAL 5,125.00 SOUTH RIVER 4,125.00 BUILDING LOAN - FIRE STATION 94,125.00 LONG TERM FACILITY - HEALTH 181,687.50 OFF STREET PARKING GARAGE 142,125.00 GENERAL LOANS TOTAL $787,625.00 WATER LOANS - TOTAL 51,125.00 TOTAL $1,163,750.00 Voted 434 Redemption of Loans ORDERED: That the Annual Appropriation for Treasury-Redemption of Loans shall be as follows: GENERAL LOANS SCHOOL LOANS $1,341,600.00 EQUIPMENT LOANS 55,000.00 INCINERATOR LOANS 35,000.00 URBAN RENEWAL 50,000.00 SOUTH RIVER 30,000.00 BUILDING LOAN - FIRE STATION 75,900.00 LONG TERM FACILITY - HEALTH 250,000.00 OFF STREET PARKING GARAGE 185,000.00 12'7 May 23, 1977 GENERAL LOANS TOTAL $2,021,600.00 WATER LOANS - TOTAL 65,000.00 TOTAL $2,086,600.00 Voted 435 ORDERED: That the Annual Appropriation for the Market Area Management Commission Market Area Management shall be as follows: Commission Salaries $10,500.00 Expenses 12,300,00 TOTAL $22,800.00 Councillors Nowak and Swiniuch were opposed. Voted 436 ORDERED That the Annual Appropriation for the Mayor's Department shall be as Mayor's Department follows: Salaries $59,376.68 Expenses 13,900.00 Out of State Travel 5,000.00 TOTAL $78,276.68 Voted 437 ORDERED: That the Annual Appropriation for Medicare Extension shall be $35,000.00 Medicare Extension Voted 438 ORDERED: That the Annual Appropriation for Memorial Day shall be $1,200.00 Memorial Day Councillor Atkins moved to amend by deleting Memorial Day by $1,200.00. The motion was defeated. Voted 439 ORDERED: That the Annual Appropriation for the Moth Suppression Department Moth Suppression shall be as follows: Salaries & Wages $12,942.43 Expenses 450.00 Dutch Elm Disease Control Expense Insect Pest Control Expense 26,000.00 TOTAL $39,392.43 Voted 440 ORDERED: That the Annual Appropriation for Municipal Insurance shall be Municipal Insurance $40,000.00. Voted 441 ORDERED: That the following items in the Off Street Parking Commission Annual Off Street Parking Commission ` Appropriation shall be reduced as listed: 1.08 r May 23, 1977 - SALARIES AND WAGES REDUCED Executive Director $13,670.00 Secretary 9,315.60 Clerk 660.00 Meter Control Person 11,099.40 Cashier 40,808.56 Cashier, part-time 25,233.12 Parking Meter Police Officer 11,948.00 Traffic Maint. Man 10,869.69 $123,604.37 EXPENSE Advertising 800.00 Gen. Admin. & Consultant Fees & Exp. 3,500.00 Office Equipment 600.00 Office Supplies 800.00 Postage, Books, Periodicals 500.00 Printing 4,000.00 Telephone 2,800.00 Utilities 24,000.00 Parking Meter Signs, Equipment 10,000.00 Insurance (Master policy unbrella & general liability) 13,000.00 Snow removal 8,000.00 $68,000.00 .� TOTAL $191,604.37* *deleted with the provision that expenses be funded from recripts of parking lots & parking meters. Councillor Atkins moved waive reading order. Voted 442 Park Department ORDERED: That only the following items in the Park Department Annual Appropriatio shall be reduced as listed and all others shall remain as recommended: Personal Service REDUCED Laborers - MEO $ 3,375.00 Expenses Advertising & Printing, Office & Library Supplies 700.00 Building & Equipment Repair & Maintenance; Building Materials & Supplies 1,995.00 Electricity 16,000.00 Fuel 6,000.00 Plumbing; Water Pipe, Fittings, Bubblers 2,070.00 Telephone 2,200.00 Fertilizer, Seed, Shrubs, Chemicals, Insecticides, Gardening Supplies & Tools 3,313.60 Sanitary & First Aid 1,500.00 Stormwear, Goggles, Gloves 300.00 Insurance 2,650.00 Expenses 118.75 Service Contracts 250.00 TOTAL $ 37,097.35* SPECIAL ITEMS Park Improvements 20,000.00 Willows Park Hauling Floats 350.00 Pier Repair 975.00 Forest River Park Pool Maintenance 2,000.00 Hot topping park roads 4,000.00 Loam and Beach Sand 2,000.00 ti Mechanized Equipment, Parks - 17 - 21" Mowers 2,500.00 TOTAL $31,825.00* TOTAL REDUCTION $72,297.35 i May 23, 1977 AND BE IT FURTHER ORDERED: That the Annual Appropriation for this Department shall be as follows: SALARIES AND WAGES Administration $ 24,025.51 Labor 438,428.50 TOTAL $ 462,454.01 Voted *deleted withrovision that it be funded from P your income. Councillor Rochna amended to restore $20,000.00 to the Labor "A" Sheet was adopted. Councillors Plante, Bouley and Grace were recorded as opposed. Councillor Cawley's amendment that the Park Department Personal Service sheet line Item "Laborers MEO" be deleted in the amount of $3,375.00 was adopted. Councillor Cawley's amendment to reduce the Park Department Personal Service sheet Line Item "Laborers, Temporary" be deleted by $12,000.00 was adopted by a roll call vote of 4 yeas, 7 nays, and 0 abs. Councillors Atkins, Bouley, Cawley, Grace voted in the affirmative, Councillors Martineau, McCabe, Nowak, Plante, Rochna, Saraceno, and Swiniuch voted in the negative. The meeting recessed at 9:30 P.M. and reconvened at 9:35 P.M. 443 ORDERED: That the Annual Appropriation for the Personnel Department be as Personnel Department follows: Salaries & Wages $26,580.97 Expenses 6,240.00 TOTAL $32,820.97 Councillors Nowak and Bouley were recorded as opposed. Voted 444 ORDERED: That the Annual Appropriation for the Planning Board shall be as Planning Board follows: Salaries & Wages $ 1,500.00 Expenses 8,600.00 TOTAL $10,100.00 Voted 445 ORDERED: That the Annual Appropriation for the Planning Department shall be as Planning Department follows: Salaries & Wages $25,525.08 t Expenses 10,200.00 TOTAL $35,725.08 Councillors Martineau, Swiniuch, and Nowak were recorded as opposed. Voted 446 ORDERED: That the Annual Appropriation for the Playgrounds (Recreation) Playgrounds Department Department shall be as follows: Salaries and Wages $248,356.40 Expenses 6,800.00 Equipment 65,650.00 TOTAL $320,806.40 Voted May 23, 1977 447 Police Department ORDERED: That the Annual Appropriation for the Police Department shall be as follows: Salaries & Wages (Police) $1,416,838.38 Salaries & Wages (Laborers) 35,790.85 Expenses 65,272.00 Clothing Allowance & Dry Cleaning 23,000.00 Arms & Ammunition 2,000.00 TOTAL $1,542,901.23 448 Voted Postage ORDERED: That the Annual Appropriation for Postage shall be $28,000.00 Voted 449 Public Property ORDERED: That only the following items in the Public Property Annual Department Appropriation shall be reduced as listed and all others shall remain as recommended: DEPARTMENTAL REDUCED Salaries & Wages Security Guard - Garage $7,000.00 DEPARTMENTAL Expenses Water Dept. Buildings Engineer's Dwelling, Taxes, Repairs 1,000.00* AND BE IT FURTHER ORDERED: That the Annual Appropriation for this Department shall be as follows: ADMINISTRATION Salaries & Wages $93,549.13 Expenses 4,050.00 $97,599.13 DEPARTMENTAL Salaries & Wages $71,215.76 Expenses 76,444.00 $147,659.76 SPECIAL ITEMS 18,485.00 TOTAL $263,743.89 *To be refunded from rental Councillor Nowak amended that $3;500.00 be eliminated from Public Property Salem Common fence Expense C. Sheet. The motion was defeated. Voted 450 Purchasing Department ORDERED: That the Annual Appropriation for the Purchasing Department shall be as follows: Salaries & Wages $38,294.21 Expenses 4,320.00 TOTAL $42,614.21 Voted May' 23, 1977 451 ORDERED: That the Annual Appropriation for the School Department shall be as School Department follows: Teachers' Salaries & Administration $ 8,162,103.00 Custodians' Salaries 730,374.00 Total Salaries $ 8,892,477.00 Out of State Travel 2,000.00 Athletic Program High School Salaries $ 79,250,00 High School Expenses 82,300.00 Elementary Salaries 28,660.00 Elementary Expenses 6,878.00 Total Athletics $ 197,088.00 All Other Expenses 2,487,548.00 TOTAL BUDGET $11,579,113.00 Councillors Martineau, Saracen, Bouley, and Grace were recorded as opposed. Voted 452 ORDERED: That the Annual Appropriation for the North Shore Regional Vocational North Shore Regional School shall be 079,007.00. Vocational School Voted 453 ORDERED: That the Annual Appropriation for the Shade Tree Department shall be as Shade Tree Department follows: Salaries & Wages $33,227.66 Expenses 4,434.00 TOTAL $38,346.66 Voted 454 ORDERED: That the Annual Appropriation for the Street. Department shall be as Street Department follows: ADMINISTRATION Wages $ 67,211.84 Expenses 1,908.35 BRIDGES AND FENCES Wages 11e 027.29 Expenses 2,005.00 HIGHWAY MAINTENANCE Wages 260,718.75 Expenses 28,785.00 MUNICIPAL GARAGE Wages 63,652.43 Expenses 9,650.00 May 23, 1977 SEWER MAINTENANCE Wages 68,906.24 Expenses 6,510.00 SNOW AND ICE Wages 11,586.10 TOTAL $531,961.00 Voted 1 455 Tourist Commission ORDERED: That the Annual Appropriation for the Tourist Commission be as follows: Salaries & Wages $ 600,00 Expenses 1,400.00 TOTAL $2,000.00 Councillors Nowak and Swinivah were recorded as opposed. Voted 456 Treasurer's Department ORDERED: That the Annual Appropriation for the Treasurer's Department shall be as follows: TREASURER Salaries and Wages $ 62 173.18 Expenses 2,812.00 Sub-Total $ 64,985.18 TAX TITLE PORECLOSURE 2,500.00 ELECTRONIC DATA PROCESSING 6,500.00 DATE PROCESSING Salaries and Wages 47,604.61 Expense 43,680.00 Sub-Total $ 91,284.61 TOTAL $165,269. 79 Councillor Cawley was recorded as opposed. Voted 457 Trust Fund Clerk ORDERED: That the Annual Appropriation for the Trust Fund Clerk shall be $600.00. Councillor Nowak was recorded as opposed. Voted 458 Veterans' Day ORDERED: That the Annual Appropriation for Veterans ' Day shall be $600.00 Councillor Atkins moved deletion of item for $600.00, by a hand vote of 2 yeas, 9 nays, and 0 abs. Councillors Atkins and Bouley were opposed 459 Voted Veterans' Organizatio ORDERED: That the Annual Appropriation for Veterans' Organization Rentals Rentals shall be $5,280.00. 133 May 23, 1977 \ Councillor Atkins amended that $5,280.00 be deleted. The motion was defeated by a roll call vote of 3 yeas, 8 nays and 0 abs. Councillors Atkins, Bouley, and Nowak 4 were recorded as voting in the affirmative. Councillors Cawley, Grace, Martineau, McCabe, Plante, Rochna, Saraceno, and Swiniuch were recorded as voting in the i negative. Voted 460 ORDERED: That the Annual Appropriation for the Veterans' Services Department Veterans' Services shall be as follows: Department Salaries and Wages $ 47,828. 70 Expenses 2,015.00 Veterans' Benefits 120,000,00 Veterans' Graves (Care of) 2,689.50 TOTAL $172,533.20 Voted 461 ORDERED: That the Annual Appropriation for the Water Department shall be as Water Department follows: GENERAL ADMINISTRATION Salaries & Wages $120,254.67 LABORERS Salaries & Wages 166,935.81 Water Expenses 68,441.00 PUMPING STATION Salaries & Wages 106,487.95 Expenses 95,545.00 TOTAL $557,664.43 Voted 462 ORDERED: That the Annual Appropriation for the Weights & Measures Department Weights & Measures shall be as follows: Salaries & Wages $23,447.98 Expenses 1,000.00 TOTAL $24,447.98 Voted 463 ORDERED: That the Annual Appropriation for Workmen's Compensation shallbe as Workmen's Compensation follows: Salaries & Wages $110,400.00 Medical 30,000.00 TOTAL $140,400.00* *Approved with the stipulation that the entire procedure be reviewed by the Committee on Personnel and Salaries in conjunction with the Personnel Board and Personnel i Department to come up with a satisfactory method of determining eligibility. Councillor Cawley amended by deleting $1,000.00 Line Item Agent. The motion was defeated by a roll call vote of 5 yeas, 6 nays, and 0 abs. Councillors Atkins 13 May 23., 1977 Bouley, Cawley, Grace, and Nowak were recorded as voting in the affirmative. Councillors Martineau, McCabe, Plante, Rochna, Saraceno, and Swiniuch were recorded as voting in the negative. Voted 465 Youth Commission ORDERED: That the Annual Appropriation for the Youth Commission shall be as follows: Salaries & Wages $29,167.40 Expenses 13,090.00 TOTAL $42,257.40 Councillor Cawley moved that the Youth Commission Budget be tabled until the Youth Commission appears before the Council. Voted. 464 ORDERED: That the Annual Appropriation for Xerox-All Department shall be Xerox-All Departments $15,000.00 Voted (425) Health Hospital Councillor Bouley amended to reduce the Item "Salaries" by $618,750.00 and the Item "Expenses" by $206,250.00. Councillor Bouley's motion to lay the matter on the table until Wednesday Evening when officials from the Health Hospital will be invited. It was so voted. Councillor McCabe moved for an immediate reconsideration on all the Items acted upon during the course of the evening hoping that it would not prevail. Reconsidera- tion was denied. Councillor moved for adjournment to Wednesday evening at 7: 00 P.M. It was so voted. The meeting adjourned at 10:55 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK May 25, 1977 ` S e ial Meetin - 19 - 8 Bud et A SPECIAL MEETING of the City Council was held in the Council Chamber on Wednesday May 25, 1977 at 7:00 P.M. for the purpose of taking final action on the 1977-78 Budget. Notice of the meeting was posted on May 19, 1977 at 9:51 A.M. President Swiniuch presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. Councillor McCabe moved to take from the table the matter of the Annual Budget (465) of the Youth Commission in the amount of $42,257.40. It was so voted by a roll call Youth Commission I vote of 6 yeas, 5 nays, and 0 abs. Councillors Bouley, Cawley, Martineau, McCabe, Plante, and Saraceno were recorded.as voting in the affirmative. Councillors Atkins, Grace, Nowak, Rochna, and Swiniuch were recorded as voting in the negative. Councillor Martineau amended that the Youth Commission "Salaries & Wages" sheet "Assistant Youth Worker" be reduced by $7,824.00. It was defeated by a roll call vote of 1 yea, 10 nays, and 0 abs. Councillor Martineau was recorded as voting in the affirmative. Councillors Atkins, Bouley, Cawley, Grace, McCabe, Nowak, Plante, Rochna, Saraceno, and Swiniuch were recorded as voting in the negative. Councillor Martineau amended to reduce expenses by $6,000.00. It was defeated. Councillors Martineau and Nowak were recorded as opposed. Councillor Cawley's motion for immediate reconsideration hoping it would prevail was denied. The meeting recessed at 8:05 p.m. and reconvened at 8:10 P.M. The matter of the Budget of the Health Hospital was taken up. (425) Councillor Bouley's amendment of the May 23 meeting to reduce the following items Health Hospital in the Health Hospital Budget. Salaries by $618,750.00 and Expenses by $206,250.00 was now before the Council. Councillor Bouley requested and received unanimous consent to allow Mr. Paul Duff, President of the North Shore Health Planning Council and Mr. Carl Colby, Executive Director of the North Shore Health Planning Council to speak. They both spoke briefly relative to the rates of the J. Robert Shaughnessy Chronic Disease/ Rehabilitation Hospital not being sufficient to meet the standards, stating that the hospital is losing $30.00 per day, per patient. The meeting recessed at 9:40 P.M. and reconvened at 9:50 P.M. Councillor Bouley amended his May 23 motion to reduce the Health Hospital Budget by $325,000.00. The motion was defeated. The matter of the Finance Committee recommendation to reduce the Health Hospital Budget in the amount of $825,000.00 was defeated. . The Budget as submitted by the Mayor was adopted. Councillor Bouley was recorded as opposed. Councillor Cawley moved for immediate reconsideration hoping that it would not prevail. It was denied. r 136 May 25, 1977 466 Councillor Cawley introduced the following Resolution which was adopted. It was Resolution voted that a copy of the Resolution be forwarded to the following and ask our State Representatives to make our Resolution a matter of record for the General Court and serve notice that we intend to solve our own problems. RESOLUTION: � �` WHEREAS, The taxpayers of the City of Salem, like taxpayers in all municipalities in / the Commonwealth are overly burdened.with, property tax, and WHEREAS, The Salem City Council has been forced to .cut,back on city services to help alleviate the tax situation, and WHEREAS, The taxpayers of the City of Salem totaly underwrite the operating cost of the J. Robert Shaughnessy Chronic Disease/Rehabilitation Hospital, and WHEREAS, The various agencies of the Commonwealth of Massachusetts charged with Public Health needs, standards and rate setting have placed the J. Robert Shaughnessy Chronic Disease/Rehabilitation Hospital in the position of having to operate at a deficit, and WHEREAS, as of this date, neither the Commissioner of the Massachusetts Department of Public Health nor Mr. Stephen M. Weiner of the Massachusetts Rate Setting Commission has replied to the communication requesting their assis- tance sent by this Council's Finance Committee and dated May 11, 1977, and WHEREAS, The Massachusetts Department of Public Health is currently considering reclassifying the current 40 provisional Chronic and Rehabilitation beds to Skilled Nursing Beds, BE IT RESOLVED, That the Salem City Council direct the Board of Trustees of the J. Robert Shaughnessy Chronic Disease/Rehabilitation Hospital to strive to secure from the state agencies involved, a reimbursement rate which covers the cost to the Hospital for patient care. BE IT FURTHER RESOLVED by the Salem City Council that should a reimbursement rate which covers the cost to the Hospital for patient care not be forthcoming within six (6) months from the date of this Resolution, the Board of Trustees of the J. Robert Shaughnessy Chronic Disease/Rehabilitation Hospital is hereby directed to immediately appear before the Salem City Council with plans to discontinue within six months those patient services which the Commonwealth of Massachusetts refuses to reimburse at cost, thereby imposing a cruel property tax burden on the City of Salem. Mr. Stephen M. Weiner, Massachusetts Rate Setting Commission, 1 Ashburton Place Room 1401, Boston, Mass. 02108 Mr. Jerald L. Stevens, Secretary, Executive Office of Human Services, State House - Room 109, Boston, Mass. 02133 Msgr. Mimie B. Pitaro, North Shore Health Planning Council, 10 First Avenue, Peabody, Mass. 01960 Mr. Frederick J. Boss, Executive Director, J. Robert Shaughnessy Chronic Disease/ Rehabilitation Hospital, Off Jefferson Ave. , Salem, Mass. 01970 Dr. Jonathan E. Fielding, Commissioner of Massachusetts Department of Public Heal h, 600 Washington Street v Room 214, Boston, Mass. 02111 Governor Michael S. Dukakis, State House, Boston, Mass. 02133 Hon. Kevin B. Harrington State House, Boston, Mass. 02133 Hon. Michael J. Harrington State House, Boston, Mass. 02133 Rep. J. Michael Ruane 19 Nursery Street, Salem, Mass. 01970 Rep. Bruce J. McLaughlin 4 Linden Street, Salem, Mass. 01970 Mr. Henry J. O'Donnell, III State House, Boston, Mass. 02133 Hon. Edward M. Kennedy 2 U. S. Senate, Washington, DC Hon. Edward Brooke U. S. Senate, Washington, DC u' _.__. Ma 25 y__ , 1977 ORDERED: That the amounts specified in the appropriation sheet for the year 467 ending June 30, 1978 in the column as allowed by the Mayor amended b the Cit Budget through as amen rr Y Y June 30, 1978 { , Council be and hereby!c Y are appropriated individually and specifically for the use of the several departments and purposes as itemized during the fiscal year and be it further ORDERED: That the total appropriation to be included in the tax levy for the i current year and through June 30, 1978 is $29,395,797.00. The Order was adopted by a unanimous roll call vote. Councillor McCabe -moved for immediate reconsideration hoping it would not prevail. It was defeated. Councillor Plante commended, Councillor Rochna for doing such an outstanding job as the Chairperson of the Finance Committee. Councillor Rochna thanked the Finance Committee for their support. Council President Swiniuch also commended the Finance. Committee for the time involved attending Budget meetings and,for the many difficult decisions that had to be made. All the other Councillors were thanked for attending these meetings also. On the motion of Councillor Cawley the.meeting adjourned at 10:40 P.M. 1- e. i JOSEPHINE R. FUSCO CITY CLERK ATTEST: 1 138 May.,26j 1977. ; a. A regular meeting of the City Council was held in the Council Chamber on Thursday May 26, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on May 19, 1977 at 9:51 A.M. All members were present. President Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. 468 Reappt. Arthur LaBrecq a The Mayor' s reappointment of Arthur LaBrecque as a member of the Board of Appeals Board of Appeal was confirmed under suspension of the rules by a unanimous roll call vote. Mr. Labrecque's term will expire May 1, 1980. 469 Appt. John V. Emerson The Mayor' s appointment of John V. Emerson to the Historic District Commission Historic District Comm. for a term of 5 years, expiring March 1, 1980, was confirmed under suspension of the rules by a unanimous roll call vote. Mr. Emerson is replacing Mrs. Ellen Welch who is resigning. Councillor Atkins moved that a letter of appreciation be forwarded to Mrs. Welch for her fine services rendered to the City. It was so voted. 470 Reappt. John Ahern The Mayor's reappointment of John Ahern to the Park Commission for a 5 year term Park Commission expiring May, 1982, was confirmed under suspension of the rules by a unanimous roll cal vote. 471 Appt. Donald F. Hunt The Mayor's appointment of Donald F. Hunt as a member of the Planning Board for a Planning Board term expiring May 1, 1981, replacing Staley McDermet who has resigned, was held until next meeting under rules. Councillor McCabe moved that a letter of commendation be sent to Staley McDermet. It was so voted. 472 Appr- $90,000.00 The following Order recommended by the Mayor was referred to the Committee on to Firemen's Payroll Finance on the motion of Councillor Bouley. ORDERED: That the sum of Ninety Thousand Dollars ($90,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Firemen's Payroll" Account in accordance with the recommendation of His Honor the Mayor. 473 Appr- $50,609.51 The following Order recommended by the Mayor was referred to the Committee on to Firemen's Payroll Finance on the motion of Councillor Bouley. ORDERED: That the sum of Fifty Thousand Six Hundred Nine Dollars and Fifty-Nine Cents ($50,609.59) be and the same is hereby appropriated from the "Public Law #94-3695 Title II" Account to the "Firemen's - Payroll" Account in accordance with the recommen-: dation of His Honor the Mayor. 474 Appr- $512.84 The following Order recommended by the Mayor, was adopted under suspension of to Market Commission the rules. ORDERED: That the sum of Five Hundred Twelve Dollars and Eighty-Four Cents 130 e May 26, 1977 ($512.84) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Market Commission" Account in accordance with the recommendation of His Honor the Mayor. e; The following Order recommended by the Mayor was referred to the Committee on 475 +' Appr. - To Off Street u Finance on the motion of Councillor Bouley. Parking Comm. Salaries ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2,500.00) be and the same is hereby appropriated from the "Off Street Parking Meters" Account to the "Salem Off Street Parking Commission - Salaries" Account in accordance with the recommendation of His Honor the Mayor. 476 The following Order recommended by the Mayor was adopted under suspension of the Appr. - To Off Street Parking Comm. Expense rules. ORDERED: That the sum of Twelve Thousand Six Hundred Fifteen Dollars and Seventy- Six Cents ($12,615.76) be and the same is hereby appropriated from the "Off Street- Parking Meters" Account to the "Salem Off Street Parking Commission - Expense" account *'within'' the recommendation of His Honor the Mayor. 477 The following Order was recommended by the Mayor. Councillor Cawley moved it be Trans. - To Market Area Commission adopted. Councillor Nowak's motion to refer to the Committee on Finance was defeated. The Order was adopted. ORDERED: That the sum of Eight Hundred Forty Dollars ($840.00) be and the same is hereby transferred from the "Market Agent - Salaries" Account to the "Market Area Commission" Account in accordance with the recommendation of His Honor the Mayor. 478 The following Order was recommended by the Mayor. Councillor Bouley moved it be Trans. - To Workmen's Compensation - Payroll t. adopted. It was so voted. ORDERED: That the sum of Eight Hundred Twenty-Seven Dollars and Eighty-Five Cents ($827.85) be and the same is hereby transferred from the "Public Property Departmental - Payroll" Account to the "Workmen's Compensation - Payroll" Account in accordance with the recommendation of His Honor the Mayor. 479 The following Order was recommended by the Mayor. Councillor Rochna moved it be Trans. - To Snow and Ice Bills � adopted. It was so voted. f ORDERED: That the sum of Two Hundred Forty-Seven Dollars and Thirty Cents ($247.30) be and the same is hereby transferred from the "Snow and Ice - Payroll" Account to the "Snow and Ice - Bills" Account in accordance with the recommendation of His Honor the Mayor. yIL40 May 26,:1,9,77 480 Authorization of City The following Order was recommended by the Mayor. On the motion of Councillor Treasurer to borrow funds Bouley, it was amended to read "to time" after the work "time" on the second line. It was adopted as amended by a unanimous roll call vote. ORDERED: That the City Treasurer with the approval of the Mayor is authorized pursuant to General Laws Chapter 44, Section 4, as amended, to borrow from time to time during the fiscal year beginning July 1, 1977 an amount not exceeding the limit set forth in said Section and Acts in amendment thereof and in addition thereto, to issue notes of the City therefor payable in not more than one year from their dates and to refund those issued for a shorter period by the issue of new notes payable in not more than one year from the date of the original loan being refunded. Said notes shall not be obligatory unless certified thereon as to genuineness by the National Shawmut Bank of Boston, Massachusetts. 481 Trans. - To Workmen's The following Order was recommended by the Mayor. Councillor Rochna moved Compensation Payroll that it be adopted. It was so voted. ORDERED: That the sum of Two Thousand Dollars ($2,000.00) be and the same is hereby transferred from the "Municipal Garage - Payroll" Account to the "Workmen's Compensation - Payroll" Account in accordance with the recommendation of His Honor the Mayor. 482 1977 - 78 Precinct A communication was received from the Mayor submitting a list of Wardens, Clerks, Officers and Inspectors for the twenty-three precincts of the City of Salem to be used in the 1977-78 municipal elections. Councillor Atkins moved that the list be accepted and placed on file. It was so voted. 483 Ordinance creating The following Ordinance was received from the Mayor. Councillor Martineau Computer Systems Analyst moved to refer to the Committee on Personnel & Salaries. It was so voted. - In the year one thousand nine hundred and seventy-seven. An Ordinance relating to the creation, classification and salary schedule of the position of Computer Systems Analyst. Be it ordained by the City Council of the City of Salem, as follows: Section 1. The position of Computer Systems Analyst is hereby created in the City of Salem, whose duties shall include the following: A. Assist in the planning, directing, and review of work of the Data Processing Center. B. Perform feasibility for the systems design, programing, testing and imple- mentation of computer projects. C. Coordinate Data Processing Center projects with othercitydepartments. tii '141 May 26, 1977 E. Responsibility for the operation of the Data Processing Center in the absence of the Data Processing Coordinator. Section 2 The City Treasurer shall appoint the Computer Systems Analyst. The Computer Systems Analyst may also serve in any other public office or position in the city notwithstanding; any provision of any general or special law to the contrary. 8 , Section 3 The annual compensation of the Computer Systems Analyst is hereby set at I' $3,120.00. Section 4 This ordinance shall take effect as provided by City Charter. 48 4 The Mayor's appointment of Francis P. Mahoney, 30 Winter Island Road as Constable Francis P. Mahoney Constable for one year effective May 26, 1977, was received and placed on file. 48 5 The Mayor's appointment of Francis B. Remon, 6 Lathrop Street as Constable for Francis B. Remon James W. Harkins one year effective June 1, 1977, was received and placed on file. The Mayor's appoint- Constables ment of James W. Harkins, 261 Newbury Street, Peabody, as Constable for one year effective June 1, 1977, was received and placed on file. 48 6 The Mayor's appointment of Charles M. Antonio, 42 Mason Street as Constable Charles M. Antonio Constable for one year effective June 1, 1977 was received and placed on file. 487 Councillor Rochna introduced the following Order which was adopted by a unanimous Corrected Total of Budget roll call vote. ORDERED: That the City Council of the City of Salem hereby formally recognizes that the figure of $29,395,797.50 included as the total appropriation to be included in the tax levy in the order dated May 25, 1977 regarding the appropriation sheet for the year ending June 30, 1978, was through clerical inadvertance, an incorrect figure, and further, herby accepts and recognizes that the correct figure is $30,220,797.50 which figure reflects the correct amount appropriated in the first clause, and the intent of the City Council. The City Council hereby published notice that the error is corrected, and that r for all intents and purposes the final figure on the order dated May 25, 1977 shall hereinafter be the above-corrected figure of $30,220,797.50. 4g8 Councillor Nowak introduced the following Ordinance which was adopted for first Ordinance relative to Traffic - Stop Signs Passage. First Passage In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to Traffic (Obedience to Isolated Stop Signs) i 142 May 26, 1977 Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 49 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby amended by deleting the following: "Easterly bound traffic on Bay View Avenue at Columbus Avenue" "Westerly bound traffic on Bay View Avenue at Columbus Avenue" and insert in place thereof the following: "Northerly bound traffic on Bay View Avenue at Columbus Avenue" "Southerly bound traffic on Bay View Avenue at Columbus Avenue" Section 2. This Ordinance shall take effect as provided by the City Charter. 489 Clerk & Council Room Councillor Grace introduced the following order which was referred to the (Old Auditor's Office) Committee on Rules. ORDERED: That the small room recently vacated by the City Auditor be given to the City Council & City Clerk to conduct business with the public during the hours that City Hall is open. 4W Public Hearing Re: Councillor Martineau introduced the following order. Councillor Cawley amended Zoning Ordinance Lack of enforcement the Order to number paragraphs. The Order was adopted as amended. ORDERED:1.That Public Hearing be held to discuss the lack of enforcement of the existing Zoning Ordinances. II. Also that the following be invited to attend: 1. Civil Defense Director 2. Health Agent 3. Licensing Board 4. Special Investigator (Sgt. L. Bedard) 5. Mayor's Secretary 6. Superintendent of Public Property 7. City Solicitor 8. President of Salem State College 9. Police Chief Connelly III. Also that the following concepts be discussed: A. That immediate steps be taken to make an individual in the Public Property Department a full-time investigator on violations of existing zoning ordinances in the City. B. That all Boarding House permits be in the control of the City Council's Licensing and Permits Committee. I. That specific recommendations be drawn up by the Superintendent of Public Propert and the City Solicitor on dealing with the legal and economic problems that would to be solved if a realistic enforcement of existing zoning. MIT-- -143 May 26, 1977 II. That the Salem State College community by its office of its student placement, work with the City to help control the existing problems relating to students living in illegal boarding houses. III. That the Health Department bring forth specific recommendations on ways it can cooperate and help the Department of Public Property to identify and refer slum j landlords to the Enforcement Division of Public Properties. ` That the compensation received by the head of Public Properties be terminated I until enforcement of zoning ordinances becomes a reality. 491 Councillor Cawley introduced the following order which was adopted. Regional Services Shbughnessy Hospital ORDERED: That the Committee on Regional Services invite the State Legislators Invite State whose districts lie, wholly or in part in the area called Public Health Region VI Legislators to a meeting to be convened at the J. Robert Shaughnessy Chronic Disease/Rehabilitation Hospital for the purposes of explaining the situation as regards the above named hospital and the taxpayers of the City of Salem. (466) Councillor Cawley moved to take from the table the matter of the Resolution Resolution introduced at the May 25 Budget Meeting. The Resolution was adopted by a unanimous roll call vote. (See May 25, 1977 Budget Meeting.) The meeting recessed at 9: 05 P.M. and reconvened at 9: 10 P.M. I 492 Councillor Martineau introduced the following order which was adopted. Stop Sign - Holly & Linden Streets ORDERED: That the Police Department Traffic Division erect a stop sign at the 60 Days intersection of Holly and Linden Streets for a trial period of Sixty Days. 493 Councillor McCabe introduced the following Order which was adopted. One Way Traffic Northend Avenue ORDERED: That Northend Avenue be made one way - from North Street to Balcomb 30 Days Street for a Thirty Day trial period as requested by residents of Northend Avenue. 494 Councillor Nowak introduced the following Ordinance which was adopted for first Ordinance - One Way Traffic Columbus Ave. passage. First Passage In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relating to Traffic (One Way Streets) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 10 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby amended by adding the following streets in alphabetical order: Columbus Avenue to Dustin Street, in an easterly direction. Columbus Avenue to Lowell Street, in an easterly direction. Section 2. This Ordinance shall take effect as provided by the City Charter. s 4 x,14 May 26, 1977 495 Parking Space Councillor Cawley introduced the following Order which was adopted. Harbormaster ORDERED: That the Traffic Division of the Salem Police Department provide a reserved parking space, properly marked, for the sole use of Assistant Harbor Master Francis Remon. Said Space to be located on the westerly side of the Southbound lane of Washington Street, south of Essex Street and immediately North of the first metered parking space on said side of said lane of Washington Street. i This Order while in effect, supercedes any existing Ordinances. This Order shall be in effect for a trial period of sixty (60) days. 49 6 Comm. on Lic. & PermitE Councillor Martineau offered the following report for the Committee on Licenses Certain Licenses & Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses and Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend the following licenses be granted: RENEWAL Joan Prager, 4 Longview Drive, Marblehead ,7 PUBLIC GUIDE 497 Comm. on Finance Councillor Rochna offered the following report for the Committee on Finance. Appr. - To Postage All Departments, & It was voted to accept the report and adopt the recommendation. Xerox All Departments The Committee on Finance to whom was referred the matter of a transfer of Nine Thousand Dollars ($9,000.00) from the Public Property-Special Items account to the following: $4,000.00 to "Postage-All Depts" account and $5,000.00 td'Xerox- All Depts" has considered said matter and would recommend that the transfer be adop- ted as recommended by the Mayor. 498 Comm, on Community Councillor Saraceno offered the following report for the Committee on Development Leasing of Winter Community Development. It was voted to accept the report and adopt the recommendatio Island to Hydro- Dredge by a roll call vote of 10 yeas, 1 nay and 0 abs. The Committee on Community Development to whom was referred the Leasing of a portion of Winter Island to Hydro-Dredge Corporation has considered said matter and would recommend that the Mayor be empowered to enter into a lease with the Hydro- Dredge Corporation for a period of 12 months, subject to the conditions as set r forth by the City Council. 499 Comm. on Finance Councillor Rochna offered the following report for the Committee on Finance. Trams. - To Employees Group Insurance, & It was voted to accept the report and adopt the recommendation. Medicare Extension The Committee on Finance to whom was referred the matter of a transfer of Ninety-Six Thousand Dollars ($96,000.00) from the "Interest-Temporary Loans" Account to the following accounts: $86,000.00 to the Employees Group Insurance account and the sum of $10,000.00 to the Medicare-Extension Account has considered �:,;.4. ti-�.:`-uu�J 1, .:fi.6stic ta:a: - 'i:: "`�c•', 145 May 26, 1977 said matter and would recommend that the transfer be adopted as recommended by the Mayor. 500 Councillor Plante offered the following report on the Committee on Personnel Comm. Report Personnel & Salaries & Salaries. Acceptance of the report was voted. Personnel Director The Committee on Personnel and Salaries to whom was referred the matter of the i Personnel Directors job description has considered said matter and would recommend that the report be submitted for consideration. Councillor Grace amended to refer the report to the Committee on Ordinances and Legal Affairs. It was so voted. 501 Councillor Atkins offered the following report for the Committee on Municipal Comm: Report Municipal Services Services. It was voted to accept the report and adopt the recommendation. Ambulance Service The Committee on Municipal Services to whom was referred Council Order E i reference Ambulance Service has considered said matter and would recommend that the City Council approve the following Resolution for forwarding to the Mayor I i and City Marshal: Be it resolved that the City Council recommends to the Mayor and City Marshal that ambulance service continue to be provided by the Salem Police Department; that a new ambulance be purchased forthwith; that third-party billing procedures be establishe ; 1 i that continued evaluation of the cost and adequacy of the service be maintained; and th t alternative methods of providing ambulance service continue to be examined. 502 Councillor Rochna offered the following report for the Committee on Finance. Comm. Report Finance Appr. - To It was voted to accept the report and adopt the recommendation. Police Payroll Account The Committee on Finance to whom was referred the matter of an appropriation I of Twenty-Four thousand Dollars ($24,000.00) from the Surplus Revenue Account to the Police Payroll Account has considered said matter and would recommend that the order be adopted as recommended by the Mayor. 503 Councillor Rochna offered the following report for the Committee on Finance. Comm. Report Finance Appr. Tb It was voted to accept the report and adopt the recommendation. Cemetery Expenses The Committee on Finance to whom was referred the matter of an appropriation of i Two Thousand Dollars ($2,000.00) from the Surplue Revenue Account to the "Cemetery- Expenses" Account has considered said matter and would recommend that the order as recommended by the Mayor be adopted. ii 14 May 26, l�77 504 Comm. Report Councillor Rochna offered the following report of the Committee on Finance. Finance Appr. To Off Street Parking It was voted to accept the report and adopt the recommendation. Comm. Expense The Committee on Finance to whom was referred the matter of an appropriation of Two Thousand Nine Hundred Fifty Dollars ($2,950.00) from the "Off Street-Parking Meters" Account to the "Off Street Parking Commission-Expenses" Account has considered said matter and would recommend that the order as recommended by the Mayor be adopted. And further recommending that the Mayor request a rental fee from-the S.R.A. (Salem Redevelopment Authority) for rental space at 1 Salem Green. 505 Comm. Report Councillor Rochna offered the following report of the Committee on Finance. Finance Exemption of Director of Buildings It was voted to accept the report. and Grounds from Civil Service The Committee on Finance to whom was referred the matter of the School Committee's request to exempt the position of Director of Buildings and Grounds from Civ 1 Service has considered said matter and would recommend that the matter be acted on favorably. r Acceptance of the report was denied by a roll call vote of 4 yeas, 7 nays, and 0 abs. Councillors Atkins, Nowak, Plante and Rochna were recorded as voting in the affirmative. Councillors Bouley, Cawley, Grace, Martineau, McCabe, Saracen, and Swiniuch were recorded as voting in the negative. 506 Comm. Marshall Connelly Acting Marshall Connelly's request for a thirty day sick leave extension for Re; Sick Leave Thomas O'Shea Officer Thomas O'Shea was granted by a unanim6us roll call vote. 507 Walk in Clinic A communication was received from the Health Department notifying the Council Hard of Hearing of a Walk-in Clinic for the hard of hearing on June 22,23, and 24, 1977. Councillor Nowak moved it be received and placed on file. It was so voted. 508 Attendance- Records The attendance records of certain Boards and Commissions were received. Certain Boards & Comm. Councillor McCabe moved that it be received and placed on file. It was so voted. 509 Vandalism & Consultants A report of certain departments on Vandalism & Consultants was received. Report Councillor Martineau moved that it be received and placed on file. It was so voted. 50 Invitation Memorial An invitation was received from the Salem Veterans Council to the Annual 1, Day Services 1 Salem Veterans Council Memorial Day exercises on Monday, May 30, 1977 at 1:00 P.M. Councillor Nowak moved that the invitation be accepted. It was so voted. i alli 14'7 May 26, 1977 511 A petition was received from Jayne Gaffney relative to the condition of the Salem Petition Jayne Gaffney Willows Beaches. Councillor Nowak moved that it be received and placed on file. Salem Willows Beaches It was so voted. 512 An application for the renewal of a Drainlayer's license was received from Drainlayer's License Thomas Mackey & Sons, Inc. , 58 Broadway, Salem. Councillor Bouley moved that the permit be granted. It was so voted. 9 513 - 514 The following bonds were referred to the Committee on Rules and Bonds and Bonds Drainlayer returned approved. Sign DRAINLAYER'S BOND John J. McLaughlin, d/b/a McLaughlin Construction Co. P.O. Box 823 Peabody, MA 01960 SIGN BOND James H. Ballou. d/b/a Chesbale Enterprises 125 Derby Street Salem, MA 01970 515 The following claim was referred to the Committee on Ordinances and Legal Affairs. Claim Catherine H. Raynor 12 Brown St. Apt. 5 Salem, MA 01970 516 A communication was received from Michaud Bus Lines after the Tuesday deadline. Comm. Michaud Bus On the motion of Councillor Plante, it was referred to the Mayor. (317) The matter of the Mayor's appointment of George Walsh as a member of the Tourist George Walsh-Tourist Commission Commission for a term expiring February 1, 1979 was then taken up. Councillor Appt. Plante moved that it be referred to the Mayor to provide the City Council with i information as requested by Councillor Plante. Councillor Grace was recorded as opposed. (382) The matter of the second passage of an Ordinance on noise pollution was then Noise pollution Ord. Second Passage taken up. Councillor McCabe moved that it be laid on table. Councillor Martineau was opposed. (369) The matter of second and final passage of an Ordinance amending Salary Schedule Second Passage Job Group VIII --- IX for Working Foreman, Water System Main, and Craftsman from Job Group VIII to Job Group Working Foreman Water System Main IX was taken up. On the motion of Councillor Atkins the Ordinance was adopted for Craftsman second and final passage. Councillor Nowak was recorded as opposed. (271) The matter of second and final passage of an Ordinance to amend Salary & Wage Salary & Wage Class. July 1, 1977 Classification was taken up. Councillor Plante amended the Ordinance by deleting Second Passage GR II. I was so Voted. The motion of Councillor Bouley to table the matter until the next regular meeting was voted by a roll call vote of 7 yeas, 3 nays, and 1 present. Councillors Atkins, Bouley, Cawley, Grace, McCabe, Nowak, and Swiniuch were recorded as voting in the affirmative. Councillors Martineau, Plante, and Rochna were recorded 14� as voting in the negative. Councillor Saracen was recorded as voting present. (272) Salary & Wage Classif. The matter of second passage of an Ordinance to amend Salary & Wage Classifies- Second Passage tion effective January 1, 1978 was taken up. Councillor Plante's amendment to correct Water Pumping Operator was voted. Councillor Bouley's motion to lay on table until the next regular meeting in order to agree with the minutes of finance 4 meeting was voted. Jurors Councillor Grace was appointed to draw 8 jurors for Salem Superior Court at Salem at Lawrence, July 5th sitting. Ralph L. George, 124'-, Highland Ave, Stationery Engineer James G. Pero, 12 Pope Street A 314, Self Employed Elizabeth M. Allen, 17 Orne Square, Trust Officer Thomas R. Campbell, 10 Arbella St, Post Office Clerk Mary L. Lee, 8 Friend Street, Factory Worker Virginia Willard, 6 Mt. Vernon Street, Sales Clerk Barbara A. Reintges, 12 Pope Street, A 212, Tax Technician Frand A. Robleski, 12 Pope Street, B 1002, Retired Jurors Councillor Plante was appointed to draw 8 Jurors for Salem Superior Court at Lawrence at Lawrence, July 5th sitting. Ronald Almeida, 9 Dunlap Street, Sr. Clerk Typist Edward J. Morgani, 67 Endicott Street, Retired Doris T. Hogan, 33 Charles Street, Gift Shop Owner Vernon Tremblay, 13 Linden Avenue, District Manager Leonard F. Carroll, 2 Albion Street, Shipper Philip D. Hayes, 5 Peter Road, Chemical Blender Jeane L. Lovett, 12 First Street, Office Worker Joseph T. Chickey, 38 Hanson Street, Real Estate Administrator I On the motion of Councillor Martineau the meeting adjourned at 10:30 P.M. i I I i i I ATTEST: JOSEPHINE R. FUSCO CITY CLERK i i I I i 149 R May 31, 1977 A Public Hearing was held Tuesday, May 31, at 7:30 P.M. in the Council Chamber for citizens who wish to address the Council. Notice of the hearing was posted May 27, 1977 at 8:48 A.M. and advertised in the Salem Evening News on May 20th and 25th, 1977. Councillor Martineau was absent. President Swiniuch presided. The following Salem residents appeared and spoke on matters of City Government r that concerned them. John R. Guinta, 7 Prescott Street Samuel Scholnick, 6 Hancock Street Sylvia P. Goodwin, 7 Webb Street John J. Whitehead, 8 Derby Street Robert F. Clark, 81 Valley Street Clarence (Pete) Stanton, 5 Beacon Street Stephen Arkin, 56 Washington Square Dr. Donald A. Sadoski, 4 Larchmont Road On the motion of Councillor Nowak, the meeting adjourned at 9:26 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK x150 June 9, 1977 _ A regular meeting of the City Council was held in the Council Chamber on Thursday, June 9, 1977 at 8: 00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on May 19, 1977 at 9:51 A.M. There was no one absent. President Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. 51. 7 Appt. Joan Gormalley The Mayor' s appointment of Joan Gormalley to serve as a member of the Tourist Tourist Comm. Commission for a term expiring February 1, 1980 was confirmed under suspension of the rules by a unanimous roll call vote. 518 Appt. Robert E. Healey The Mayor's appointment of Robert E. Healey to serve as a member of the Tourist Tourist Comm. Commission for a term expiring February 1, 1980 was confirmed under suspension of the rules by a unanimous roll call vote. 519 Appr. $2,535.03 The following Order, recommended by the Mayor, was referred to the Committee "Solid Waste Disposal" to "Health Adminis. on Finance. Payroll" - "Environ- mental Salaries" - ORDERED: That the sum of Two Thousand Five Hundred Thirty Five Dollars and "Division of Elderly Affairs" - "Solid Three Cents ($2,535.03) be and the same is hereby transferred from the "Solid Waste Waste Disposal and Transfer"Account Disposal and Transfer-Expense" Account to the following accounts: The sum of One Thousand Two Hundred Thirty Dollars and Ninety-Seven Cents ($1,230.97) to the "Health Administration-Payroll" Account The sum of Two Hundred Sixty Nine Dollars and Seventy-Six Cents ($269.76) to the "Environmental-Salaries" Account The sum of One Hundred Eighty-Four Dollars and Thirty Cents ($184.30) to the "Division of Elderly Affairs - Payroll" Account, The sum of Eight Hundred Fifty Dollars ($850.00) to the "Solid Waste Disposal and Transfer-Payroll" Account. In accordance with the recommendation of His honor the Mayor. 520 Appr: $1,500.00 The following Order recommended by the Mayor, was referred to the Committee "Workmen's Comp" on Finance. ORDERED: That the sum of One Thousand Five Hundred Dollars ($1,500.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Workmen's 'I Compensation-Medical" Account in accordance with the recommendation of His Honor the Mayor. i _ 151 June 9, 1977 521. The following Order, recommended by the Mayor, was adopted under suspension of Appr. $1,306,721,74 the rules. "Revenue Fiscal 1978" "Pension Fund" "Expense Fund" ORDERED: That the sum of One Million Three Hundred Six Thousand Seven Hundred "Workmen's Comp. Fund' Twenty-One Dollars and Seventy-Four Cents ($1,306,721,74) be and the same is hereby appropriated from the "Revenue Fiscal 1978" Account to the follwoing Contributory Retirement System Accounts: To the "Pension Fund" Account the Sum of One Million Two Hundred Seventy Thousand Five Hundred Forty-Two Dollars ($1,270,542.00) To the "Expense Fund" Account the sum of Thirty Three Thousand Five Hundred Eighty-One Dollars ($33,581.00) To the "Workmen's Compensation Fund" Account the sum of Two Thousand Five Hundred Ninety-Eight Dollars and Seventy-Four Cents ($2,598.74) . 52 2 The following Order, recommended by the Mayor, was ruled out of order, due to Appr. $25,705.89 "Museum Constables- the fact that it was acted upon at a previous meeting. Payroll" ORDERED: That the sum of Twenty Five Thousand Seven Hundred Five Dollars and Eighty Nine Cents ($2,705.89) be and the same is hereby appropriated from the "Revenue- Fiscal 1978" Account to the "Museum Constables-Payroll" Account in accordance with the recommendation of His Honor the Mayor. President Swiniuch declared the matter of this appropriation out of order due to the fact that it was acted upon at a previous meeting. Councillor Martineau challenged 'the decision of the chair. Councillor Grace seconded the motion. Councillo Atkins cited Chapter 44 Sec 33 of the General Laws stating the Council cannot prevent Mayor from submitting a supplemental appropriation request. Councillor Swiniuch stated his decision on this matter was based on Municipal Finance Law and Cushing's Manual on Parliamentary Procedures. Councillors Cawley and Plante agreed with the ruling of the chair. Councillor Grace moved the question of a roll call vote on whether the chair was upheld. It was voted by a roll call vote of 6 yeas, 5 nays, and 0 abs, that the matter was not before the Council. Jr Councillors Bouley, Cawley, Nowak, Plante, Saraceno, and Swiniuch were recorded as voting in the affirmative. Councillors Atkins, Grace, Martineau, McCabe, and Rochna were recorded as voting in the negative. P 523 A communication was received from the Mayor submitting the following Ordinance Ordinance - Restraint of Dogs which was adopted for first passage. First Passage "r In the year one thousand nine hundred and Seventy-Seven An Ordinance Amending an Ordinance in the Salem Code of Ordinances 1952 i Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 5 Section 5.5, Relative to the Restraint of Dogs, is hereby further aE amended by deleting the following: 152 "Whoever violates any provision of this Ordinance shall be subject to a fine of Ten Dollars ($10.00) for each such violation." and substituting in place thereof: "During the licensing period from April 1st of one year to April 1st of the following year, whoever violates any provision of this Ordinance shall be subject to a fine of Ten Dollars ($10.00) for a first offense and Twenty-Five Dollars ($25.00) for any and all subsequent offenses." This Ordinance shall take effect as provided by the City Charter. 524 Appt. - Constable The Mayor's appointment of Ralph E. Hobbs, Jr. , 7 Larchmont Road, As a constabl Ralph E. Hobbs, Jr. ! for one year effective June 15, 1977, was received and placed on file. 525 Walking Patrolman Councillor Nowak introduced the following order which was adopted. Derby Street ORDERED: That the Marshall take steps to return the walking beat patrolman to the Derby Street area for the summer months. 5-L6 Councillor Grace introduced the following Order which was adopted: i Summer Council Meetin i ORDERED: That the regular meetings for the summer months will be held on I July 14thandAugust llth and the meetings for July 28th and August 25th will be suspended. 527 Deletion of Constable Councillor Bouley introduced the following Ordinance which was adopted for Peabody Museum & Esse Institute first passage by a roll call vote of 6 yeas, 5 nays, and 0 abs. Councillors Bouley, Cawley, Nowak, Plante, Saraceno, and Swiniuch were recorded as voting in the affirmative. Councillors Atkins, Grace, Martineau, McCabe, and Rochna were recorded as voting in the negative. In the year one thousand nine hundred and seventy-seven. An Ordinance to amend and Ordinance relative to Administration, Salem Code of Ordinances Section 2-49. Be it ordained by the City Council of the City of Salem as follows: Section 1. That the Salem Code of Ordinances, Chapter 1, entitled Administration be amended by repealing Sec. 2-49 - Constables for Peabody Museum and Essex Institute, in its entirety. Section 2. This Ordinance shall take effect as provided in the City. Charter. 52$ Hawkers & Peddlars Councillor Cawley introduced the following Ordinance which was laid on the tabl Ordinance on the motion of Councillor Martineau. In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an ordinance on Transient Vendors, Hawkers and Peddlers Be it ordained by the City Council of the City of Salem, As follows: lei 153 A June 9, 1977 Section 1, Chapter 30, Article I of the Salem Code of Ordinances is hereby amended by deleting the following phrases in Section 30-3: "Board of Control, which board" and inserting in place thereof the words "Market Area Management Commission, which Commission" "five dollars ($5.00) and inserting in place thereof "twenty six dollars ($26.00) ' Section 2. This ordinance shall take effect as provided by the City Charter. 529 Councillor Nowak offered the following report for the Committee on Rules and City Council & Bonds. City Clerk's Room The Committee on Rules and Bonds to whom was referred the matter of the room recently vacated by the City Auditor has considered said matter and would recommend to the Council that the present City Auditor's Office be prepared for use of the City Council and City Clerk, which is most economical, and the use of the other rooms be i I�I left up to the individual department heads in conjunction with the Building Inspector. j t It was voted to accept the report and adopt the recommendation. 530 Councillor Martineau offered the following report for the Committee on Licenses Certain Licenses and Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend; that the following be granted. RENEWALS CARD READING Laurie Cabot, 14 Daniels St. , Salem SECOND HAND DEALER (used furniture) Gemma Caron, 88 Broadway, Salem TAXI OPERATOR Patricia L. Allain, 4 Hazel St. , Salem Mario Salvatore, 192 Washington St. , Peabody 1 NEW LICENSES SECOND HAND DEALER William Hollow, 5' Leach St. , Salem ,531 Councillor Rochna offered the following report on the Committee on Finance. It Finance - $3,454.00 Highway Maintenance as voted to accept the report and adopt the recommendation. to Highway Adminis. The Committee on Finance to whom was referred the transfer of $3,454.00 from the 'Highway Maintenance-Wages" Account to the "Highway Administration-Wages" Account has onsidered said matter and would recommend that the transfer be made as recommended by he Mayor. 532 Councillor Rochna offered the following report on the Committee on Finance. It Finance - $50,609.59 Public Law #94-369 as voted to accept the report and adopt the recommendation. Councillor Martineau was Firemen's Payroll ecorded as voting present. 9. i 1�1 i June 9, 1977 r 't The Committee on Finance to whom was referred the appropriation of $50,609.59 r from the "Public Law 494-369 - Title II" Account to the "Firemen's Payroll" Account has considered said matter and would recommend that the appropriation be made in accordance with the recommendation of the Mayor. 533 Finance - $90,000.0 Councillor Rochna offered the following report for the Committee on Finance. Surplus Revenue to Firemen's Payroll It was voted to accept the report and adopt the recommendation. Councillor Martineau was recorded as voting present. The Committee on Finance to whom was referred the appropriation of $90,000.00 from "Surplus Revenue" to the "Firemen's Payroll" Account has considered said matter iand would recommend that the appropriation be made in accordance with the Mayor's recommendation. 534 Finance - $1,442,622 81 Councillor Rochna offered the following report for the Committee on Finance. Federal Revenue Sharing Funds. It was voted to accept the report and adopt the recommendation. Councillors Cawley and Bouley were recorded opposed. The Committee on Finance to whom was referred the appropriation of $1,442,622.81 from "Federal Revenue Sharing Funds" as follows: $431,144.34 to "Salem-Beverly Water Board"; $96,000.00 to "Youth Opportunity"; $295,000.00 to "Street Lighting and Signals"; $500,000.00 to "Interest-General Loans"; $75,000.00 to "Snow & Ice"; $45,478.47. to the "Water Department-Expense" Account has considered said matter and would recommend that the appropriation be made in accordance with the recommendations of the Mayor. (526) Hawkers & Peddlers Councillor Martineau requested and Received unanimous consent to take from the table the Ordinance on Hawkers & Peddlers. On the motion of Councillor Rochm the Ordinance was referred to the Committee on Licenses and Permits. It was so voted. 535 Petition A petition was received from Mr. Irwin Franklin , 15 Trask Court, Beverly, to Irwin Franklin Purchase City Lot 537 purchase City Lot No. 537, located at 26 Cherry Hill Ave. On the motion of Councillor Saraceno, the petition was referred to the Committee on Community Develop- ment. 5' 6 Heritage Day Request A request was received from Ms. Claire T. Ahern, Chairman, Salem Heritage Days, Use of Salem Common during Heritage Days 1977, for the use of the Salem Common for events during Heritage Week - August 7 thru 14, 1977. Councillor McCabe amended that Salem Common Playground Association be given permission to sell food & soft drink beverages at the events. It was granted as amended. June 9, 1977 A petition was received from New England Telephone & Telegraph Company 537 Petition from to lay approximately 192 feet of underground conduit at Rawlins and Boston Street. New Eng. Tel & Tel conduit Boston & A hearing was ordered for June 23, 1977. Rawlins Streets 538 A petition was received from New England Telephone & Telegraph Company Petition from New Eng. Tel. & Tel. to lay approximately 266 feet of underground conduit on Goodhue and Boston Streets, conduit Boston & and approximately 45 feet of underground conduit on Boston Street. Goodhue Streets A hearing was ordered for June 23, 1977. 539 A petition was received from the Massachusetts Electric Company and the New Eng- Petition from New Eng. Tel. & Tel. land Telephone Company for a joint permit to relocate one pole on Outlook Hill Road, and Mass. Elec. Co. Pole location A hearing was ordered for June 23, 1977. Outlook Hill Road 540 The following licenses were referred to the Committee on Licenses & Permits. Renewals of Certain JUNK DEALER Licenses Isaac Talkowsky & Son, 18-24 Phillips Street, Salem TAXI OPERATOR Robert W. Wells, 26 Grant Street, Beverly WAGON - AUTO TRUCK Isaac Talkowsky & Son, 18-24 Phillips Street, Salem 541 An application for the renewal of a Drainlayer's license was received from Drainlayer License Pelletier & Milbury The Pelletier & Milbury Corporation, 129 Water Street, Danvers. The License was granted. 542 -546 The following applications for Taxi Operator Licenses were referred to the Hackney Carriage License Committee on Licenses & Permits. John P. Harding, 155 Derby Street, Salem Paul V. Indeck, 59 Lothrop Street, Beverly Daniel B. Sullivan, 40 Boardman Street, Salem James M. Weaver, 6 Arthur Street, Salem Ronald White, 65 Main Street, Peabody 547 The Sign Bond of Lyceum Trust, Joan Boudreau, Trustee and Colonial Cafe, Inc. Sign Bond 43 Church Street, was referred to the Committee on Bonds and returned approved. 548 The Constable Bond of Charles E. Rehal, Jr. , 1 Allen Street, Salem, was referred Constable's Bond to the Committee on Rules and Bonds and returned approved. 549 - 551 The following Claims were referred to the Committee on Ordinances & Legal Affair .Claims Michael E. Fiander, 196 Rice Ave. , Rockland, MA Basil Rubin, 103 Village Street, Marblehead, MA Anita Morin, 2 Franklin Street, Marblehead, MA :4 _, u June 9, 1977 (471) Appt. Donald Hunt The appointment of Donald F. Hunt was then taken up. The appointment was Planning Board confirmed by a unanimous roll call vote. (488) Ordinance Stop Signs The matter of second passage of an Ordinance to amend an Ordinance relative Second Passage to Stop Signs at Bay View Ave. at Columbus Ave. was then taken up. On the motion of Councillor Nowak, the matter was laid on the table. (494) Ordinance One Way Sts The matter of second passage of an Ordinance to amend Chapter 15, Section 10, Second Passage - was then taken u On the motion of Councillor Nowak, the ordinance was adopted for Columbus Ave. P• second and final passage. Second Passage (271) The matter of second passage of an Ordinance to amend Salary & Wage Classifi- Salary Ordinance Effective July 1, 1977 cation - effective July 1, 1977 was then taken up. Councillor Bouley's amendments listed below were voted by a roll call vote of 6 yeas, 5 nays, and 0 abs. DELETE THE FOLLOWING: Job Group III Step I Step II Step III Constable Peabody Museum $143.05 $154.75 $164. 15 Constable Essex Institute 141.55 153.25 162.65 Job Group V Security Guard 177.80 192.90 203.37 Full Year - Part-time positions Physician - Health Per week 110.30 Dentist - Health Per week 110.30 AND INSERT THE FOLLOWING: Full year - Part-time positions Y ji. Physician - Health Per year $1,757.66 1, Dentist - Health Per year $1,757.66 Then the Ordinance as amended was adopted for second and final passage by a roll call vote of 6 yeas, 5 nays, and 0 abs. Councillors Bouley, Cawley, Nowak, Plante, Saraceno, and Swiniuch were recorded as voting in the affirmative. Councillors Atkins, Grace, Martineau, McCabe, and Rochna were recorded as voting in the negative. Councillor Atkins stated that the Salary Ordinance requires a 2/3 vote of the Council. Council President Swiniuch agreed, then ruled that the Ordinance was defeated by a roll call vote of 6 yeas, 5 nays, and 0 abs. Councillor Cawley served notice of reconsideration at the next regular meeting. t. X57 June 9, 1977 (272) The matter of second passage of an Ordinance to amend Salary & Wage Classificatior Salary Ordinance Effective January 1, Effective January 1, 1978, was then taken up. Councillor Bouley's amendments listed 1978 Second Passage below were voted by a roll call vote of 6 yeas, 5 nays, and 0 abs. DELETE THE FOLLOWING: Job Group III Step I Step II Step III Constable Peabody Museum $143.05 $154. 75 $164.15 Constable Essex Institute 141.55 153.25 162.65 Job Group V Security Guard 177.80 192.90 203.37 Full Year - Part-time positions Physician - Health Per week - 110.30 Dentist - Health Per week 110.30 i AND INSERT THE FOLLOWING: Full year - Part-time positions Physician - Health Per year $1,757.66 Dentist - Health Per year $1,757.66 Then the Ordinance as amended was adopted for second and final passage by a roll call vote of 6 yeas, 5 nays, and 0 abs. Councillors Bouley, Cawley, Nowak, Plante, Saraceno, and Swiniuch were recorded as voting in the affirmative. Councillors Atkins, Grace, Martineau, McCabe, and Rochna were recorded as voting in the negative. Councillor Atkins stated that the Salary Ordinance requires a 2/3 vote of the Council. Council President Swiniuch agreed, then ruled that the Ordinance was defeated by a roll call vote of 6 yeas, 5 nays, and 0 abs. Councillor Cawley served notice of reconsideration at the next regular meeting. On the motion of Councillor Martineau, the meeting adjourned at 9:30 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK S I June 23, 1977 A regular meeting of the City Council was held in the Council Chamber on I Thursday, June 23, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on June 17, 1977 at 3: 17 P.M. There was no one absent E President Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the previous meeting. 552 Conduit Boston & A hearing was held on the Order of the New England Telephone Company to lay Rawlins Streets i and maintain approximately 192' of conduit at Boston & Rawlins Streets. Appearing in favor was Mr. George Cooley, Right of Way Agent for the New England Telephone Company. l There was no opposition. On the motion of Councillor Grace the order mas granted with the condition that the street be returned to its original condition under the supervision of the superintendent of streets. It was so voted. 553 Conduit Boston & A hearing was held on the Order of the New England Telephone Company to day Goodhue Streets and maintain 45' of conduit on Boston Street, and 266' of conduit on Boston & Goodhue Streets. Appearing in favor was Mr. George Cooley, Right of Way Agent for the New England Telephone Company. Appearing in opposition was Mr. Frank Bisegna, Owner of the property at Boston & Goodhue Streets. On the motion of Councillor Plante, the matter was referred to the Committee on Municipal Services for their study and report back at the next regular meeting. Mr. Bisegna will be invited to attend the meeting of the Committee on Municipal Services. 554 Pole relocation A hearing was held on the Order of the New England Telephone Company and Mass- Outlook Hill Road achusetts Electric Company to relocate a pole approximately 3' on Outlook Hill Road. Appearing in favor was Mr. George Cooley, Right of Way Agent for the New England Telephone Company. There was no one opposed. On the motion of Councillor Grace, the Order was granted. 555 Appt. John H. Brown, The Mayor's appointment of Mr. John H. Brown, Jr. , as a member of the Planning Jr. , Planning Board Board for a term expiring May 1, 1982 was then taken up. Councillor Saraceno moved suspension of the rules. There was no objection. Councillor Cawley' s amendment that the Clerk notify individuals and ask them to appear before the Council ' on the night of their appointment was defeated. Councillor Plante amended that the G administration convey the message to the individuals appointed. It was so voted. The appointment was confirmed by a unanimous roll call vote of 11 yeas. Councillor Cawley moved that a letter of commendation be-forwarded to Mr. Sweeney who resigned. It was so voted. i, June 23, 1977 ' 556 The Mayor's appointment of Angie Rodriquez to the Human Rights Commission for a Appt. Angie Rodriquez term expiring January 31, 1979 was taken up. Councillor Bouley moved suspension of Human Rights Comm. the rules. Councillor Martineau objected. On the motion of Councillor Martineau the matter of the appointment was referred to the next regular meeting. Councillor Cawley moved that a letter of commendation be forwarded to Kathryn Fallon who resign 557 The following Order, recommended by the Mayor, was adopted under suspension Appr. "Pioneer Village of the rules. Receipts" ORDERED: That the sum of Twenty-Two Thousand Dollars ($22,000.00) be and the same is hereby appropriated from the "Pioneer Village Receipts" Account to the following: The sum of Six Thousand Five Hundred Dollars ($6,500.00) to the "Pioneer Village-Payroll" Account. The sum of Eleven Thousand Five Hundred Dollars ($11,500.00) to the "Pioneer Village-Expense" Account. The sum of Four Thousand Dollars ($4,000.00) to the "Pioneer Village-Building" Account. 558 The following Order, recommended by the Mayor, was referred to Finance. Appr. "Drug Rehabil- itation Program" ORDERED: That the sum of Twelve Thousand Eight Hundred Fifteen Dollars ($12,815.00) be and the same is hereby appropriated from the "Revenue Fiscal 1978" Account to the "Drug Rehabilitation Program" Account in accordance with the recomm- dation of His Honor the Mayor. 559 The following Order recommended by the Mayor was adopted under suspension of Appr."Engineering Payroll" Account the rules. ORDERED: That the sum of One Thousand Five Hundred Two Dollars and Thirty- Nine Cents ($1,502.39) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Engineering-Payroll" Account in accordance with the recommendation of His Honor the Mayor: Councillor Nowak requested and received unanimous consent to ask the City Engineer two questions relative to Mr. Ambrose Doyle's retirement. 560 The following Order recommended by the Mayor was adopted under suspension of Appr. "Golf Course Special Items" •:' the rules. ORDERED: That the sum of One Thousand Two Hundred Fifteen Dollars ($1,215.00) be and the same is hereby appropriated from the "Golf Course Receipts" Account to the "Golf Course-Special Items" Account in accordance with the recommendation of His Honor the Mayor. June 230 19,77 —ter Appr. North Shore 561 The following Order recommended by the Mayor, was adopted under suspension of th Elder Services, Inc. rules . ORDERED: That the sum of Seven Hundred Seventy Eight Dollars and Forty-Two Cents ($778.42) is hereby appropriated from the "Meals for Aged - Title VII" Account in order to pay the "North Shore Elder Services, Inc." in accordance with the recommendation of His Honor the Mayor. 562 Tsang-Health Environ- The following Order recommended by the Mayor, was adopted on the motion of _ mental Payroll Councillor Rochna. 'r ORDERED: That the sum of Three Hundred Seventeen Dollars and Thirty-seven L Cents ($317,37) be and the same is. hereby transferred from the "Health-Solid Waste Disposal and Transfer Expense" Account to the "Health-Environmental-Payroll" Account in accordance with the recommendation of His Honor the Mayor. 563 `,Trans. Public Property The following Order recommended by the Mayor was adopted on the motion of Administration Salary Councillor Saraceno. t ORDERED: That the sum of Two Hundred Dollars ($200.00) be and the same is hereby transferred from the "Public Property-Departmental Salaries" Account to the "Public Property-Administration-Salary" Account in accordance with the recommendation i of His Honor the Mayor. r 564 Sale of Municipal A communication was received from the Mayor requesting the authority to sell Garage to General Mills e to General Mills Fun Group, Inc. , for $219,000.00. Fun Group, Tnc, the Municipal Garag Councillor Atkins moved that authorization for the sale of land be granted. Councillor Plante requested and received unanimous consent to have the City Engineer answer a- few questions relative to the sale of the land. Councillor Cawley amended that the land be sold for not less than $219,000.00 as set by the City Council. It was so voted. Councillor Bouley moved that a roll call vote be taken. .` The authorization was granted by a roll call vote of 9 yeas, 1 nay, and 1 present Councillors Atkins, Bouley, Cawley, Grace, McCabe, Nowak, Plante, Rochna, and Swiniuch were recorded as voting in the affirmative. Councillor Saraceno was recorded as voting t 1: in the negative. Councillor Martineau was recorded as voting present. i Councillor Bouley's motion for immediate veconsideration hoping it would not, prevail was denied. r 'Yy _ 14i Y June 23, 1977 565 A communication was received from the Mayor requesting authority to purchase Authorization to buy Smith-Lee Property on [Tthemith-Lee Property on Jefferson Avenue for the sum of $147,000.00. Jefferson Avenue Councillor Plante moved that the authorization of the purchase of land be ed. It was so voted. Councillor Saracen's amendment to purchase the land for a playground for Ward 3 was defeated. Councillor Bouley moved that a roll call vote be taken on the matter. The authorization was granted by a roll call vote of 9 yeas, 1 nay, and 1 present. Councillors Atkins, Bouley, Cawley, Grace, McCabe, Nowak, Plante, Rochna, and Swiniuch were recorded as voting in the affirmative. Councillor Saraceno was recorded as voting in the negative. Councillor Martineau was recorded as voting present. Councillor Plante's motion for immediate reconsideration hoping it would not prevail was denied. I The meeting recessed as 9:25 P.M. and reconvened at 9:30 P.M. I 566 The following Ordinance, recommended by the Mayor, was adopted for first Ordinance - Transfer Solid Waste Div. to passage by a unanimous roll call vote. Dept. of Public Works In the year one thousand nine hundred and seventy seven An Ordinance to transfer the Solid Waste Division from the Board of Health to the Department of Public Works. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 2-341 of the Salem Code of Ordinances is hereby deleted. Section II. Section 2-341 is hereby amended by adding under subsection three(3) thereof, the words "including solid wastes." Section III. Section 2-405 of the Salem Code of Ordinances is hereby amended by adding under subsection B thereof, the words "and Solid Waste Division" Section IV. Section 2-430 of the Salem Code of Ordinances is hereby amended to read as follows: "To be head of division of streets, sewer and drains and solid Waste ' "The superintendent of streets shall be the head of the division of street and the division of sewers and drains and solid waste of the department of public works." Section V. All employees of the Board of Health presently engaged in solid waste activity, shall be transferred to the Department of Public Works. Section VI. Section 2-417 of the Salem Code of Ordinances is hereby amended by adding at the end thereof: "The City Engineer shall make all contracts for the collection and disposition of solid waste." Section VII. This Ordinance shall take effect in accordance with the City Charter. ff L§1 RY 1#f1N June 23, 1977 567-568 Constables The Mayor's appointment of the following Constables for a term of one year effective July 1, 1977, was received and placed on file. Everett T. Buckley, 9 Cedar View Street James H. Bennett, 16 Crombie Street Norman Bishop, 2 Cedar View Street Francis H. Dumas, 290 Essex Street 569 South Essex Sewerage Councillor McCabe introduced the following Order which was adopted. District Resolution ORDERED: That the City Council draw up an appropriate resolution to be forwarded I to the Northeast Coalition of States; Senators Kennedy, Brooke, and Congressman i ; Harrington requesting them to file the necessary legislation for federal financial assistance towards the maintenance and operating expenses of the South Essex Sewerage District Facilities at Salem Willows. 570 Sanitary Waste Station Councillor Martineau introduced the following Order which was adopted. ORDERED: That the Department of Health look into and make recommendations to the Mayor on the cost and revenue on building and maintaining a "Sanitary Waste Station" for the explicit use of campers and trailers to empty their waste tanks and wash off road dirt. 571 William Street Sign Councillor Rochna introduced the following order which was adopted. ORDERED: That the police traffic division erect and install signs at the corner of Williams Street and Bridge Street "NO THROUGH TRAFFIC BETWEEN THE HOURS OF 3PM to 6PM" for a trial period of 60 days. 572 Ordinance - Taxicab Councillors Rochna and Swiniuch introduced the following Ordinance which was Stands adopted for first passage. In the year one thousand nine hundred and seventy seven. An Ordinance to amend an ordinance relative to Traffic. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 12, Taxi Cab Stands is amended by deleting the followin street in alphabetical order. "At 18 Washington Square West (Hawthorne Inn) for a distance of 30 feet from the corner of Essex Street as marked by signs." Section 2. Chapter 15, Section 51B, Parking Prohibited at Certain Times on Certain Streets, is amended by adding the following street in alphabetical order. "At Washington Square West (Hawthorne Inn) beginning 30 feet from the I corner of Essex Street and running in a northerly direction for a distance of 60 feet. 15 minute parking. Section 3. This ordinance shall take effect as provided by City Charter. `1`3 June 23, 1977 573 Councillor Nowak introduced the following order. -.Councillor Saraceno's amend- Motorcycle noise ment that signs be posted relative to improper exhaust systems at all Salem entrances was defeated. The order was adopted as originally introduced. ORDERED: That the Marshal of the Police Department crackdown on all motor- cycles that are causing noise problems throughout the City at all hours of the night. Councillor Grace introduced the following order. 574 Sale of 160 sq. ft. of ORDERED: That the Salem City Council authorize the sale of 160 square feet of Land--Pope & Proctor Streets land at the corner of Proctor & Pope Streets (rear of ,#15 Pope Street) for the price of .27G per square foot, and that the abutting party be given the option to purchase the remaining 10,140 square feet within 90 days. Councillor Plante's motion to refer the matter to the Committee on Community Development was defeated. Councillor Swiniuch moved that Mr. Powers will have to declare this property excess. Councillor Bouley's amendment that the option portion of the order be stricken was adopted. Councillor Grace's amendment that the Building Inspector declare the land excess was adopted. Councillor Plante's amendment to increase the sale of land from .27C per square foot to $1.00 per square foot was adopted. The order was adopted as amended by a roll call vote of 9 yeas, 2 nays, and 0 abs. Councillors Atkins, Bouley, Cawley, Grace, McCabe, Nowak, Rochna, Saracen, and Swiniuch were recorded as voting in the affirmative. Councillors Martineau and Plante were recorded as voting in the negative. 575 Councillor Saraceno introduced the following Order which was adopted. Ward 3 Playground ORDERED: That the City Engineer and the Engineering Department seek out suitabl land in the Ward 3 Precinct 1 and 2 areas for a playground comparable to what other Wards have and the Planning Department is to aid in this endeavor. This is to be accomplished within a 90 day period commencing June 25, 1977. 576 Councillor Bouley introduced the following Ordinance which was referred to the Ordinance - Mayor's Salary Committee on Personnel & Salaries on the motion of Councillor Nowak. In the year one thousand nine hundred and seventyfeseven An Ordinance to amend an Ordinance relative to administration. Be it ordained by the City Council of the City of Salem, as follows: Section 1. That any prior Ordinances concerning the Mayor's salary are hereby repealed and that the Revised Ordinances of the City of Salem, Massach- usetts 1952 are hereby further amended by inserting the following paragraphs so that Chapter 2, Section 140-Administration shall read as follows: Section 2-140. Compensation Effective January 1, 1978, the Mayor shall receive the sum of June 23, 1977 Twenty Five Thousand Dollars ($25,000.00) per annum for his services and effective January 1, 1979, the Mayor shall receive the sum of Thirty E Thousand Dollars ($30,000.00) per annum for his services, payable in F equal weekly installments. Section 2. This Ordinance shall take effect as provided by the City Charter. (See G.L. Chapter 43, Section 17-A) . S 577 Palmer Cove Tag Day Councillor Martineau introduced the following Order which was adopted. ORDERED: That the Palmer Cove Playground Association be allowed to hold a Tag Day on Saturday, June 25, 1977. C S 578 C Block Party-Circle Hill Councillor Grace introduced the following Order which was adopted. Road i ORDERED: That the Police Department block off the area of '26-28 Circle Hill Road on the third of July from 8: 00 P.M. to 12:00 P.M. for the purpose of an adult S S Independence Day Block Party. E 579 Block Party-Sable Road Councillor Grace introduced the following Order which was adopted. ORDERED: That the Police Department block off Sable Road from DiBiase Street to Hartford Street on July third from 2: 00 P.M. until 6 P.M. for the purpose of a neighborhood block party. 580 Licenses & Permits Councillor Martineau offered the following report for the Committee on Licenses & Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the granting of certain licenses had considered said matter and would recommend that the following be granted. RENEWALS JUNK DEALER Isaac Talkowsky & Son, 18-24 Phillips Street, Salem TAXI OPERATOR Robert W. Wells, 26 Grant Street, Beverly WAGON - AUTO TRUCK Isaac Talkowsky & Son, 18-24 Phillips Street, Salem NEW LICENSES TAXI OPERATOR Paul Indeck, 59 Lathrop Street, Beverly John P. Harding, 155 Derby Street, Salem Ronald White, 65 Main Street, Peabody James M. Weaver, 6 Arthur Street, Salem Y Daniel B. Sullivan, 40 Boardman Street, Salem Q 581 !! Appr. to Workmen's Councillor Rochna offered the following report for the Committee on Finance. E Comp. (520) The Committee on Finance to whom was referred the matter of an appropriation { of One Thousand Five Hundred Dollars ($1,500.00) from "Surplus Revenue" Account to the "Workmen's Compensation Medical Account" has considered said matter and would recommend that the appropriation as recommended by the Mayor at the June 9 meeting be adopted as recommended. It was voted to accept the report and adopt the recommendation. i 165 June 23, 1977 582 Councillor Rochna offered the following report for the Committee on Finance. Trans. to Health Admin. Payroll, Envir. Salaries It was voted to accept the report and adopt the recommendation. Elderly Affairs Payroll, Solid Waste Payroll The Committee on Finance to whom was referred the matter of a transfer of Two (519) Thousand Five Hundred Thirty Five Dollars and Three Cents ($2,535.03) from Solid Waste y Disposal and Transfer-Expenses Account to the following accounts: One Thousand Two Hundred Thirty Dollars and Ninety-Seven Cents to the "Health Administration Payroll" Account. Two Hundred Sixty Nine Dollars and Seventy-six cents to the "Environmental- Salaries" Account One Hundred and Eighty Four Dollars and Thirty Cents to the "Division of Elderly Affairs-Payroll" Account. Eight Hundred and Fifty Dollars to the "Solid Waste Disposal and Transfer- Payroll" Account. Has considered said matter and would recommend that the transfer as recommended by the Mayor at the June 9 meeting be adopted as recommended. 583 The Committee of the Whole offered the following report in the matter of the Adoption of Sewer Use Ordinance (846 - 1976) adoption of the Sewer Use Ordinance. The Committee of the Whole to whom was referred an Ordinance relative to sewer use charges has considered said matter and would recommend adoption of the Ordinance. 584 Councillor McCabe offered the following report for the Committee on Ordinances Ordinance Establishing Personnel Director & and Legal Affairs. It was voted to accept the report and adopt the recommendation. Duties (376) The Committee on Ordinances and Legal Affairs to whom was referred an Ordinance relating to the establishment of a Personnel Department & Duties of the Personnel Director has considered said matter and would recommend that the Ordinance as submitted to the Committee be adopted for first passage. 584-A Councillor McCabe offered the following report for the Committee of Ordinances Job Summary of Personnel Director's Duties (500) and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances and Legal Affairs to whom was referred the job summary of the Personnel Director has considered said matter and would recommend that it be returned to the Personnel Board with the recommendation that they adopt it as the official job summary of the Personnel Director's position. 85 A communication was received from the Off Street Parking Commission requesting ff St. Parking request emove Asst. Harbormaster the removal of the Assistant Harbormaster's sign on Washington Street. Councillor ign Bouley moved that it be received and placed on file. It was so voted. Councillor i _IMMMwt+ttYQr June 23,_1977 _ Cawley amended that the communication be received and placed on file, and the City Clerk is to ask the Off Street Parking Commission to provide the Council with several alter- nate spaces that may serve the Assistant Harbormaster's needs. It was so voted. Councillor Plante amended to refer the entire matter to the Committee on Municipal Services to meet jointly with the Off Street Parking Commission. The motion was defeated. 586 Attendance Records of The attendance records of certain Boards and Commissions was received and certain Boards and Commissions placed on file. 587 Vandalism Report for The vandalism report for certain departments was received and placed on file. Certain Departments A copy was forwarded to Councillor Martineau. I 588 Inflammables - Geo. W. A hearing was ordered for July 14, 1977 at 8:00 P.M. on the application of G Pickering Co. George W. Pickering Co. to store 500,000 gallons of inflammables at 29 Congress Street. J 589 Petition of reconsid. A petition was received from James H. Ballou for the Council reconsideration James H.Bailou of the Peabody Museum and Essex Institute subsidies. It was received and filed. Taxi Licenses 590-591 The following applications for Taxi Operator were referred to the Committee on Licenses and Permits. NEW LICENSES Judith A. Weaver, 3 Harrison Avenue, Salem, Mass. John A. Ywuc, 9 Manning Street, Salem, Mass. AG DAY - St. James 592 An application was received from St. James Boy Scout Troup 1124 for a TAG DAY oy Scout Troup 1124 on July 2, 1977. The license was granted. Claim 593 The following claim was referred to the Committee on Ordinances and Legal Affairs: Dennie W. Colbert, 37 Clark Street, Salem, Mass. 594-595 Sign Bonds The following Bonds were referred to the Committee on Bonds and returned �!G approved. ' 4` SIGN BONDS Ask Mr. Foster Travel Service, Inc. , 74 Washington Street, Salem, Mass. Roger N. L'Heureux d/b/a/ Watson's Flower Shop, 121 Lafayette Street, e dq Salem, Mass. I' 596 Easement - Mass. Electri A request from Massachusetts Electric Company for easement for pole location Co. on Derby Street (for Floodlight) as security for vandalism and snow dumping. The request was granted by a roll call vote of 10 yeas, and 1 absent. Councillor Bouley was recorded as absent. r w � z 167 June 23, 1977 597 An application was received from Albert G. Doane Building Mover to move a Move Building by Albert G. Doane building from 31 and 33 Front Street to Derby and Central Wharves. The application was granted. The meeting recessed at 11:30 P.M. and reconvened at 11:35 P.M. (527) The matter of second passage of an Ordinance to amend an Ordinance relative Second Passage- Ordinance-Constables to Administration was then taken up. Councillor Bouley amended to insert Chapter 2 in the first and second para- graph. It was so voted. The Ordinance was adopted as amended for second and final passage by a roll call vote of 6 yeas, 5 nays, and 0 abs. Councillors Bouley, Cawley, Nowak, Plante, Saracen and Swiniuch were recorded as voting in the affirmative. Councillors Atkins, Grace, Martineau, McCabe, and Rochna were recorded as voting in the negative. (271) Councillor Cawley's motion for reconsideration was voted by a unanimous roll Second Passage-Salary Ordinance Eff. July 1, call vote. 1977 The Matter of Second Passage of the Salary and Wage Classification Ordinance effective July 1, 1977 was then taken up. Councillor Atkins moved to amend the Ordinance by inserting under Job Group III Constables Essex Institute and Peabody Museum. Upon a legal opinion from William Tinti, City Solicitor, the matter. cannot be brought:up before the.0ouncil again. Councillor Bouley moved that a roll call vote be taken. It was so voted. The Ordinance was adopted for second and final passage by a roll call vote of 10 yeas, and 1 nay. Councillors Atkins, Bouley, Cawley, Grace, McCabe, Nowak, Plante, Rochna, Saraceno, and Swiniuch were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. In the year one thousand nine hundred and Seventy-Seven An Ordinance relating to classification and salary schedules of certain employ- ees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows: Section 1. As of the effective date of this ordinance, all existing ordinances and parts thereof which are inconsistent herewith are repealed. Section 2. (a) There is hereby established, in place of the salary and classification ordinance in effect on the effective date of this ordinance the following classification of positions, and the weekly and annual schedules of comp- ensation relating thereto, of certain employees in the service of the City (Excluding employees of the School Department) into Job Groups as appearing in clause (b) of this Section 2. Section 2 (b) See Below June 23, 1977 EFFECTIVE JULY 1, 1977_ Job Group I Step I Step II Step III I105.75 -------- Recreation - Clerk Typist $ 95.25 $ Tennis Instructor 95.25 105.75 --------- Lifeguard 95.25 105.75 --------- Instructor 95.25 105. 75 --------- "tel Job Group II Junior Clerk Typist - Police $147.99 $160.20 $170.67 Junior Clerk Typist 144.65 156.85 167.34 Library Assistant 147.99 160.20 170.67 Planning Aide - 144.65 156.85 167.34 Administrative Asst. City Engineer 144.65 156.85 167:34 Recreation Leader Athlet. (Girls) 132.85 145.66 154.58 Job Group II A Recreation Leaders General $119.25 $130.75 $138.75 Job Group III Bookkeeping Machine Operator $156.02 $169.05 $179.54 Senior Clerk Typist 156.02 169.05 179.54 Key Punch Operator 156.02 169.05 179.54 Personnel Aide 156.02 169.05 179.54 Job Group III A Supervisor Recreation Handicraft $105.00 $116.25 (Winter) Job Group IV Cashier - Golf Course $167.89 $181.86 $192.35 Dog Constable 167.89 181.86 192.35 Drawtender 167.89 181.86 192.35 Recreation Maintenance Man 167.89 181.86 192.35 Senior Account Clerk & Steno. 161.20 175.19 185.66 Tool Keeper 167.89 181.86 192.35 Job Group IV A Supervisor Recreation Athletics $109.00 $121.50 --------- (BOYS) Supervisor Recreation Handicraft 109.00 121.50 --------- (SU[M1ER) Supervisor Recreation Drama 109.00 121.50 ---- Supervisor Recreation Swimming 109.00 121.50 -------- June 23, 1977 Job Group V Assistant Resistrar $171.11 $186.22 $196.68 Building Maintenance 177.80 192.90 203.37 Cemetery Maintenance Man 177.80 192.90 203.37 Deputy Sealer 171.11 186.22 196.68 Junior Engineering Aide 171.11 186.22 196.68 Motor Equipment Maintenance Man 177.80 192.90 203.37 Social Service Technician 171.11 186.20 196.68 Motor Equipment Operator 177.80 192.90 203.37 Park Caretaker 177.80 192.90 203.37 Park Maintenance Man 177.80 192.90 203.37 Principal Clerk 171.11 186.22 196.68 Senior Bookkeeping 171.11 186.22 196.68 Public Works Maintenance Man 177.80 192.90 203.37 Sanitation Laborer 177.80 192.90 203.37 Senior Hospital Kitchen Worker - Cook 177.80 192.90 203.37 Timekeeper 177.80 192.90 203.37 Cataloger - Library 174.46 189.56 200.02 Special Library Assistant 174.46 189.56 200.02 Traffic Maintenance Man 177.80 192.90 203.37 Laborer 177.80 192.90 203.37 Job Group V A Water System Maintenance Man $185.99 $199. 92 $210.38 Junior Building Custodian 185.99 199.92 210.38 Motor Equipment Operator (Drives Truck 185.99 199.92 210.38 Daily) M.E.O. Gardener - Park 185.99 199.92 210.38 Job Group VI 'i Meter Reader - Water Inspector $187.67 $203.92 $214.40 Meter Repairman 187.67 203.92 214.40 ua� Secretary - Mayor 187.67 203.92 214.40 Senior Clerk - Engineering 180.98 197.24 207.72 Branch Librarian 184.32 200.58 211.06 I. June 23,1977 Job Group VI A i l Senior Building Custodian $195.74 $210.83 $222.48 Job Group VII Arborist $197.52 $214.96 $225.42 k Assistant City Solicitor 199.80 215.45 224.85* Cemetery Maintenance Mechanic 197.52 214.96 225.42 Traffic Maintenance Man - Sign Painter 197.52 214.96 225.42 Water System S.H.M.E.O. Main. Craftsman 197.52 214. 96 225.42 t Storekeeper 197.52 214.96 225.42 ' Climber 197.52 214.96 225.42 Dental Hygenist 190.83 208.27 218.74 Electric Water Pumping Station Operator 197.52 214.96 225.42 Incinerator Crane Operator 197.52 214.96 225.42 Motor Equipment Operator - Heavy 197.52 214.96 225.42 Mechanical and Motor Equipment Maint. Man 197.52 214.96 225.42 Park Maintenance Craftsman 197.52 214.96 225.42 Principal Clerk (Police) 194.18 211.62 222.08 Principal Clerk ( Fire ) 190.83 208.27 218.74 Public Works Maintenance Craftsman 197.52 214.96 225.42 Water System Maintenance Craftsman 197.52 214.96 225.42 Technical Service Coodinantor - Library 194.18 211.62 222.08 Circulation Librarian 194.18 211.62 222.08 Reference Librarian 194.18 211.62 222.08 Street Sign Maintenance Craftsman 197.52 214.96 225.42 Recreation Maintenance Craftsman 197.52 214.96 225.42 Forestry Maintenance Craftsman 197.52 214. 96 225.42 Job Group VIII Assistant City Clerk $200.75 $219.29 $229.78 Incinerator Crane Operator -Mech. Operator207.44 225.98 236.45 Motor Equipment Operator - Special 207.44 225.98 236.45 Motor Equipment Repairman 207.44 225.98 236.45 Registered Nurse 207.44 225.98 236.450 Senior Engineering Aide 200. 75 219.29 229.78 1 II Signal Maintainer 207.44 225.98 236.45 Working Foreman - Dump Caretaker Health 207.44 225.98 236.45 Working Foreman Meter Installer & Repair. 207.44 225.98 236.45 i Working Foreman Police Traffic 207.44 225.98 236.45 i i t 1'71 June 23, 1977 Working Foreman Street $207.44 $225.98 $236.45 Working Foreman 207.44 225.98 236.45 City Messenger 207.44 225.98 236.45 Fire Alarm Operators 207.44 225.98 236.45 Assistant City Treasurer 200.74 219.29 229.78 Job Group VIII A Firefighters - Annual Salary $10,656.36 $11,386.44 $11,934.00 Job Group VIII B Patrolman - Annual Salary $10,356.00 $10,980.00 $11,448.00 Job Group IX Milk and Sanitary Inspector $210.61 $230.38 $240.80 Park Maintenance Foreman 217.30 237.07 247.49 Sealer 217.55 235.30 244.65 First Deputy City Collector 210.61 230.38 240.80 Golf Course Foreman 217.30 237.07 247.49 Working Foreman Building Maintenance 217.30 237.07 247.49 Working Foreman Climber 217.30 237.07 247.49 Working Foreman Gardener & Greenhouse Man 217.30 237.07 247.49 Assistant Veterans Agent 210.61 230.38 240.80 Childrens Service Coordinator - Library 213.95 233.73 244.15 Deputy Auditor 210 .61 230.38 240.80 Working Foreman Cemetery 217.30 237.07 247.49 Working Foreman Machine Repairman 217.30 237.07 247.49 Job Group IX A Annual Salary Investigator and Fingerprint Technician POLICE - Annual Salary $11,948.00 Juvenile and Safety Officer - Police $11,948.00 Firearm Technician - Police $11,948.00 Parking Meter Collector - Police $11,948.00 Photographer - Police $11,948.00 Special Investigator - Police $11,948.00 K-9 Police Officer $11,948.00 i Job Group X Fire Apparatus and Motor Equipment Repairman $227.49 $248.38 $258.85 General Foreman - Street and Sewer 226. 70 245.45 254.85 General Foreman - Water 226.70 245.45 254.85 Working Foreman Motor Equipment Repairman 227.49 248.38 258.85 Adult Service Coordinator - Library 224.15 245.03 255.51 General Foreman - Cemetery 226.70 245.45 254.85 V2 ,F June 23, : 1977 Job Group X A Annual Salary is Lieutenant (Fire) $13,338.00 Job Group X B Sergeant (Police) $12,648.00 Job Group X C Public Health Nurses $225.88 $245.65 $256.12 Job b GrP ou XI Assessors Member $230.05 $249.60 $259.00 i Head Electric Water Pumping Station Operator 236.05 255.60 265.00 Junior Civil Engineer 231.22 253.00 263.47 Wire Inspector 237.90 259.68 270.16 Job Group XII Plumbing Inspector $246.75 $267.60 $277:00 Executive Secretary 246. 75 267.60 277.00 Superintendent of Cemeteries 246.75 267.60 277.00 Sanitarian 243.14 266.36 276.84 Assistant Building Inspector 240.75 261.60 271.00 Building Manager 240.75 261.60 271.00 Job Group XII A Annual Salary Captain (Fire) $14,742.00 Job Group XII B Lieutenant (Police) $13,848.00 Job Group XIII Senior Sanitarian $265.53 $291.10 $301.52 Veterans' Agent 266.85 289.80 299.15 Water Superintendent 266.85 289.80 299.15 Job Group XIII A Annual Salary i Deputy Fire Chief $16,146.00 i Job Goup XIII B Captain (Police) $15,048.00 Job Group XIV Assessor Chairman $287.95 $313.25 $322.65 :f City Treasurer 287.95 313.25 322.65 City Collector 287.95 313.25 322.65 Purchasing Agent 287.95 313.25 322.65 Superintendent Recreation Dept. 287.95 313,25 322.65 Assistant Civil Engineer 289.04 317.22 327.70 173 June 23, 1977 Job Group XV City Electrician $309.10 $336.70 $346.10 Director of Civil Defense 309.10 336.70 346.10* Superintendent, Parks, Shade Tree & Moth Control 309.10 336.70 346.10 Director - Library 309.10 336.70 346.10 Superintendent Central Motor Pool 309.10 336.70 346.10 Job Group XVI City Solicitor $330.20 $360.20 $369.55* Superintendent of Streets & Sewers 330.20 360.20 369.55 Agent, Health Department 330.20 360.20 369.55 City Auditor 330.20 360.20 369:55 " City Clerk 330.20 360.20 "'369155 Superintendent of Public Ptoperty ' and Inspector 330.20 360.20 369.55 Job Group XVII City Engineer $351.30 $383.65 $393.05 *Weekly Salary up to, but not exceeding this amount. Job Group 50 Special Category Annual Salary Director of Public Services $ 5,000.00 Planning Director 16,223.00** Data Processing Director 16,954.30 Director of Personnel 17,997.30** Youth Coordinator 12,636.05 Coordinator of Elderly Affairs 12,599.00 Computer Operator/Programmer 10,917.67 Zoning Enforcement Officer 2,600.00 Youth Worker 10,657.40** Assistant Youth Worker 8,799.00** Market Agent 10,500.00 Chief-Fire Department-Statutory - Ratio of 2.0 of the Annual Salary in Job Group VIII A Chief-Police Department-Statutory - Ratio-of 2.0 of the Annual Salary in Job Group VIII B Job Group 51 - Long Term Care Facility Executive Director $22,223.00 Director of Fiscal Services 19,099.00* Director of Nursing 19,099.00 Physiatrist M.D. 40,975.00 Executive Secretary 11,695.00 Director of Personnel and Public Relations 11,599.00 1'74 June 23,. 1977 5, kExecutive Secretary - Board of Trustees 1,000.00 t;. Chief Physical Therapist 16,721.00* Chief Occupational Therapist 16,721.00* Physical Therapist 13, 787.46* Occupational Therapist 13,787.46%; Occupational Therapist/Physical Therapist Aide 9,964.04* *..Annual Salary up to, but not exceeding this amount. Physical Therapist Assistant $ 9,964.04* Physical Therapist Home Care 13,787.46* I Registered Nurse Clinical/Supervisor - Rehabilitation 15,599.00 Chief Audio Therapist 16,131.58* Chief Speech Therapist 15,599.00* Social Service Director 13,599.00* Social Worker 11,835.65 Activities Director 9,329.00 Assistant Chief Physical Therapist 13,351.00* Utilization Review Coordinator 14,475.00* Continuing Care Coordinator 12,415.00-- Rehabilitation 2,415.00*Rehabilitation Counselor 12,599.00* Assistant Director of Nursing 15,599.00* * Annual Salary up to but not exceeding this amount. Job Group 52 - Long Term Care Facility Secretary to Director of Fiscal Services $182.09 $197.30 $209.38 Secretary to Director of Nursing 182.09 197.30 209.38 Secretary to Director of Personnel/Public Relations 182.09 197.30 209.38 Secretary to Physiatrist 182.09 197.30 209.38 I I f Accounts Receivable and Credit Clerk 187.94 204.32 216. 79 Distribution Clerk 197.52 214.96 225.42 Medical Records Librarian 194.18 211.62 222.08 Admitting Clerk 182.09 197.30 209.38 Telephone Operator and Typist 182.09 197.30 209.38 Activities Aide 167.89 181.86 192.35 Inpatient Billing Clerk - Therapy 182.09 197.30 209.38 Out-Patient Billing Clerk - Therapy 182.09 197.30 209.38 Medical Records Clerk - Therapy 182.09 197.30 209.38 1'75 June 23, 1977 Assistant Director of Nursing $182.09 $197.30 $209.38 Night Supervisor R.N. 236.05 255.60 265.00 Charge Nurse - Supervisor 236.05 255.60 265.00 Charge Nurse 231.25 246.00 255.40 Registered Nurse 207.44 225.98 236.45 Inservice Education - R.N. 207.44 225.98 236.45 Licenses Practical Nurse 177.80 192.90 203.37 Orderly 177.80 192.90 203.37 Jr. Attendant 111.40 Hospital Worker 145.28 156.85 167.34 Attendant 145.28 156.85 167.34 Ward Aide 151.34 163.54 174.01 Ward Secretary 168.83 182.87 195.34 Accounts Payable and Payroll Clerk 187.94 204.32 216. 79 Job Group 53 - Off Street Parking Annual Salary Executive Director $13,475.00 Clerk 660.00 *Traffic Maintenance Man 10,656.56 *Parking Meter Police Officer 11,948.00 *Salaries are transferred to the Police Department Job Group IV Cashiers $167.89 $181.86 $192.35 Job Group VI Meter Control 187.67 203.92 214.40 Secretary 187.67 203.92 214.40 FULL YEAR PART - TIME POSITIONS Pharmacist - Health per week $ 69.80 Physician - Health per year $1,757.66 Dentist - Health per year $1,757.66 Matron - Police per day $ 31.85 Hostess - Council on Aging per week $ 117.25 Activities Director - Council on Aging per week $ 130.34 Animal Inspector per year $1,177.25 Section 2 (c) - The weekly and annual salaries of employees included in the Schedule of Job Groups in this Section 2 shall be effective July 1, 1977. Section 3. Implementation (a) Each person in the employment of the City of Salem on the effective date set forth in Section 2(c) shall be paid according to the step rate, if any, then app- licable to his or her position, and shall, if not already at the highest step, followin the next succeeding anniversary or anniversaries of his or her employment be advanced to the succeeding steps in the classification schedule and schedules of compensation provided in Section 2 (b). June 23, 1977 (b) . Each person in the employment of the City of Salem on the effec- tive date set forth in Section 2 (c) and who is by this ordinance or thereafter elected' to a higher Job Group, shall be paid at the highest step rate applicable to 'E such position. (c) There shall be paid to holders of all positions in the bargaining unit of the Police Department, and also to the holders of all positions included in the municipal employees bargaining unit now represented by Local 1818, AFSCME, Council 41, AFL-CIO while employed as regularly assignedned members of a night shift, a night five per cent 5` of the base a applicable to such position. differential of i c / pay PP P ( (d) Employees in the Fire Department barbaining unit who are regularly ' assigned to night shift hours will be paid a night differential of five per cent (5%) of the pay applicable to such positions on a weekly basis., to be considered as part of their base pay, only for the purpose of computing overtime, holiday, vacation, sick leave and retirement benefits. Section 4. Adoption, Etc. The adoption of this ordinance will not reduce the salary of wage of an officer or employees of the City of Salem, nor shall anything herein relating to City Officials or employees be construed, in such manner as to be in conflict with the Civil Service rules. Section 5. Overtime (a) Any person classified in this ordinance whose normal work week is forty (40) hours or less and who is required to work in excess of forty (40) hours in any one week or in excess of eight (8) hours in any one day shall be compensated for each of such additional hours at a rate of one, and one-half (1'k) times the regular hourly rate. Only one payment of overtime for each such hour shall or may be made. (b) Any person classified in this ordinance who is required to work beyond his normal work week and up to and including forty (40) hours shall be paid at the hourly applicable rate, and over forty (40) hours according to paragraph (a) of this section. (c) Any person classified inthis ordinance whose normal work week is forty-two (42) hours and who is required to work in excess of forty-two (42) hours in any one week shall be compensated for each of such additional hours at a rate of one an one-half (1'k) time the regular hourly rate. r Section 6. Compensation, Fire Degree A member of the Fire Department who has attained an Associate Degree in Fire Science from an accredited two (2) year college shall receive added supplements compensation of Three Hundred Twenty-Five Dollars ($325.00) annually. A member of the Fire Department who has attained a Bachelor's Degree in Fire Science from an accredited four (4) year college shall receive added supple- mental compensation of Seven Hundred Fifty Dollars ($750.00) annually. Section 7. Personnel Board. The Mayor shall appoint, subject to confirmation by the City Council {, a Personnel Board. . Such board shall consist of five (5) members and shall include a City Department bead, a full tip city employee not a Department head, and a A. representative of orgainzed labor. The initial appointments shall be for a term of one - (1) year, two (2) year, and three (3) years, respectively. All 'subsequent appoint- ments 'shall be for a term of three (3) years. (a) The-Personnel Board shall from time to time review the salary schedule herein contained. It shall inform itself as to pay rates and policies in Salem, and local areas of both public and private employment of similar nature and shall recommend to the Mayor and City Council.any action. which it deems necessary to maintain a fair and equitable pay level. (b) The Personnel Board shall from time to time review the work of all positions in the classification schedule herein contained and make recommendations to the Mayor and City Council. This review shall be so scheduled as to cover all position within the classification schedule at intervals of not more than three (3) years. 1'7'7. June 23, 1977 (c) The Personnel Board shall, following written application by the holder of any particular classified position herein, consider such application, hold a hearing with the applicant present, within thirty (30) days of said application, and notify the applicant in writing of its decision within (10) days thereafter. A copy of such notice shall also be sent to the City Council and Personnel Office, In the case-of an employee whose position is included in a bargaining unit, an application may be made by others on his or her behalf with the consent of the employee, and the Personnel Board may require that any such application shall be initially made, or thereafter processes, or both, by a representative of the appropriate bargaining unit Any - � employee feeling aggrieved by any .such decision of the Personnel Board may appeal to the City Council by filing therewith a claim in writing within twenty-one (21) days after receipt of such decision. The--Personnel Board will be prepared to appear before the City Council as part of any process of such claims. Section 8. This Ordinance shall take effect as provided by the City Charter. (272) Councillor Cawley's motion for immediate reconsideration was voted by a unanimous Second Passage-Salary Ordinance Eff. January roll call vote. 1, 1978 The matter of second passage of the Salary and Wage Classification Effective January .l, 1978, was then taken up. Councillor Bouley moved that a roll call vote be taken. Second and final passage was voted by a unanimous roll call vote. In the year one thousand nine hundred and seventy-seven. An Ordinance relating to classification and salary schedules of certain employees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows: Section 1. As of the effective date of this ordinance, all existing ordinances and . parts thereof which' areiric'onsistent herewith-ate repealed, Section-'2.- (a)''There is hereby' e's'tablished, in`place' of the salary and wage classifi- cation ordinance in effect on the effective-date of this ordinance the following c12§'6j.fic9tio'n�of positions,"and'th'e week1k and'annual-gchedu'les of compensation relating thereto, of certain employees in the service of -the City (excluding employees in the School Department) into Job Groups as appearing in Clause (b) of this Section 2. Section 2. (b) See Below. EFFECTIVE JANUARY 1, 1978 Job Group I Step I Step II Step III Recreation - Clerk Typist $ 95.25 $105.75 -------- Tennis Instructor 95.25 105.75 -------- Lifeguard 95.25 105..75 -------- Instructor 95.25 105.75 -------- Job Group II Junior Clerk Typist - Police Department $153.91 $166.61 $177.50 Junior Clerk Typist 150.44 163.12 174.03 Library Assistant 153.91 166.61 177.50 Planning Aide 150.44 163.12 174.03 Administrative Assist. to City Engineer 150.44 163.12 174.03 Recreation Leader Athletics (Girls) 138.16 151.49 160.76 Job Group II A Recreation Leaders General $119.25 $130.75 $138,75 ins June 23, 1977 t k' Job Group III Bookkeeping Machine Operator $162.26 $175.81 $186.72 Senior Clerk Typist 162.26 175.81 186.72 Key Punch Operator 162.26 175.81 186.72 Personnel Aide 162.26 175.81 186.72 I�'VIIJ Job Group III A i Supervisor Recreation Handicraft (Winter) 105.00 116.25 -------- Job Group IV f Cashier - Golf Course 174.61 189.13 200.04 Dog Constable 174.61 189.13 200.04 Drawtender 174.61 189.13 200.04 Recreation Maintenance Man 174.61 189.13 200.04 Senior Account Clerk and Stenographer 167.65 182.20 193.09 Tool Keeper 174.61 189.13 200.04 Job Group IV A F Supervisor Recreation Boys Athletics 109.00 121.50 -------- Supervisor Recreation Handicraft (Summer) 109.00 121.50 -------- Supervisor Recreation Drama 109.00 121.50 -------- Supervisor Recreation Swimming 109.00 121.50 -------- Job Group V Assistant Registrar 177.95 193.67 204.55 Building Maintenance Man 184.91 200.62 211.50 Cemetery Maintenance Man 184.91 200.62 211.50 Deputy Sealer 177.95 193.67 204.55 Junior Engineering Aide 177.95 193.67 204.55 Motor Equipment Maintenance Man 184.91 200.62 211.50 Motor Equipment Operator 184.91 200.62 211.50 Park Caretaker 184.91 200.62 211.50 Social Service Technician 177.95 193.67 204.55 Park Maintenance Man 184.91 200.62 211.50 Principal Clerk 177.95 193.67 204.55 �)1 Senior Bookkeeping 177.95 193.67 204.55 Public Works Maintenance Man 184.91 200.62 211.50 Sanitation Laborer 184.91 200.62 211.50 Senior Hospital Kitchen Worker - Cook 184.91 200.62 211.50 Timekeeper 184.91 200.62 211.50 Cataloger - Library 181.44 197.14 208.02 Special Library Assistant 181.44 197.14 208.02 June 23, 1977 Traffic Maintenance Man $184.91 $200.62 $211.50 Laborer 184.91 200.62 211.50 Job Group V A Water System Maintenance Man 193.43 207.92 218.80 Junior Building Custodian 193.43 207.92 218.80 Motor Equipment Operator (Drives Truck Daily) 193.43 207.92 218.80 MEO - Gardener - Park 193.43 207.92 218.80 Job Group VI Meter Reader - Water Inspector 195.18 212.08 222.98 Meter Repairman 195.18 212.08 222.98 Secretary - Mayor 195.18 212.08 222.98 Senior Clerk - Engineering 188.22 205.13 216.03 Branch Librarian 191.69 208.60 219.50 Job Group VI A Senior Building Custodian 203.57 219.26 231.38 Job Group VII Aborist 205.42 223.56 234.44 Assistant City Solicitor 207.30 222.95 232.35* Cemetery Maintenance Mechanic 205.42 223.56 234.44 Traffic Maintenance Man - Sign Painter 205.42 223.56 234.44 Water System S.H.M.E.O. Maintenance Craftsman 205.42 223.56 234.44 Storekeeper 205.42 223.56 234.44 Climber 205.42 223.56 234.44 Dental Hygienist 198.46 216.60 227.49 Electric Water Pumping Station Operator 205.42 223.56 234.44 Gardener and Greenhouse Man 205.42 223.56 . 234.44 Incinerator Crane Operator 205.42 223.56 234.44 Motor Equipment Operator - Heavy (Formerly Operator 205.42 223.56 234.44 Mechanical and Motor Equipment Maintence Man 205.42 223.56 234.44 Park Maintenance Craftsman 205.42 223.56 234.44 Principal Clerk (Police) 201.95 220.08 230.96 Principal Clerk (Fire) 198.46 216.60 227.49 Public Works Maintenance Craftsman 205.42 223.56 234.44 Water System Maintenance Craftsman 205.42 223.56 234.44 Technical Service Coordinator - Library 201.95 220.08 230.96 Circulation Librarian 201.95 220.08 230.96 180 June 23, 1977 Reference Librarian $201.95 $220.08 $230.96 Street Sign Maintenance Craftsman 205.42 223.56 234.44 Recreation Maintenance Craftsman 205.42 223.56 234.44 j Forrestry Maintenance Craftsman 205.42 223.56 234.44 * Weekly salary up to, but not exceeding this amount Job Group VIII Assistant City Clerk $208.78 $228.06 $238.97 Incinerator Crane Operator - Mechanical Repair 215.74 235.02 245. 91 i Motor Equipment Operator-Special (Former Oper- ator-General) 215.74 235.02 245.91 Motor Equipment Repairman 215.74 235.02 245.91 } Registered Nurse 215. 74 235.02 245.91 Senior Engineering Aid 208. 78 228.06 238.97 Signal Maintainer 215.74 235.02 245.91 Working Foreman-Dump Caretaker Hei)lth 215.74 235.02 245.91 Working Foreman Meter Installer and Repairman 215. 74 235.02 245.91 (: Working Foreman Police Traffic 215.74 235.02 245.91 Working Foreman Street 215.74 235.02 245.91 I Working Foreman Water 215.74 235.02 245.91 City Messenger 215.74 235.02 245.91 Fire Alarm Operators 215. 74 235.02 245.91 Assistant City Treasurer 208.78 228.06 238.97 Job Group VIII A Firefighter - Annual Salary $10,656.36 $11,386.44 $11,934.00 Job Group VIII B Patrolman - Annual Salary $10,356.00 $10,980.00 $11,448.00 Job Group IX Milk and Sanitary Inspector $219.03 $239.60 $250.43 Park Maintenance Foreman 225.99 246.55 257.39 dll Sealer 225.05 242.80 252.15 First Deputy City Collector 219.03 239.60 250.43 j Golf Course Foreman 225.99 246.55 257.39 Working Foreman Building Maintenance 225.99 246.55 257.39 Working Foreman Climber 225.99 246.55 257.39 Working Foreman Gardener and Greenhouse Man 225.99 246.55 257.39 Assistant Veterans' Agent 219.03 239.60 250.43 t Childrens Service Coordinator - Library 222.51 243.08 253.92 Deputy Auditor 219.03 239.60 250.43 Working Foreman Cemetery 225.99 246.55 257.39 Working Foreman Machinery Repairman 225.99 246.55 257.39 iso June 23, 1977 Job Group IX A Annual Salary Investigator and Fingerprint Technician $11,948.00 Juvenile and Safety Officer - Police 11,948.00 Firearm Technician. - Police 11,948.00 Parking Meter Collector - Police 11,948.00 Photographer - Police 11 948.00 Special Investigator - Police . 11 948.00 K-9 Police Officer 11,948.00 Job Group,X Fire Apparatus and Motor Equipment Repairman $236.59 $258.32 $269.20 General Foreman - Street Sewer 234.20 252.95 262.35 General Foreman - Water 234.20 252.95. 262.35 General Foreman - Cemetery 234.20 252.951 262.35 Working Foreman Motor Equipment Repairman 236.59 258.32 269.20 Adult Service Coordinator - Library 233.12 254.83 265.73 p Job Group X A Lieutenant (Fire) Annual Salary $13,338.00 Job Group X B Lieutenant (Police) Annual Salary $12,648.00 Job Group X C Public Health Nurses $234.92 $255.48 $266.36 Job Group XI Assessors ,Member 237.55 257.10 266.50 Head Electric Water Pumping Station Operator 243.55 263.10 272.50 f Junior Civil Engineer 240.47 263.12 274.01 Wire Inspector 247.42 270.07 280.97 Job Group XII Plumbing Inspector $254.25 $275.10 $284.50 Executive Secretary 254.25 275.10 284.50 Superintendent of Cemeteries 254.25275.10 284.50 is Sanitarian 252.87 277.01 287.91 Assistant Building Inspector 248.25 269.10 278.50 Building Manager 248.25 269.10 278.50 Job Group XII A Captain (Fire) Annual Salary $14,742.00 Job Group XII B Lieutenant (Police) Annual Salary $13,848.00 Job Grou XIII enior Sanitarian $276.15 $302.74 $313.58 eterans' Agent 274.35 297.30 306.65 Ay isz June 23, 1977 t Job Group XIII Cont. Water Superintendent $274.35 $297.30 $306.65 Job Group XIII A Deputy Fire Chief Annual Salary $16,146.00 Job Group XIII B I� I Captain (Police) Annual Salary $15,048.00 1 Job Group XIV Assessor Chairman $295.45 $320.75 $330.15 City Treasurer 295.45 320.75 330.15 yj City Collector 295.45 320.75 330.15 1 Purchasing Agent 295.45 320.75 330.15 Superintendent Recreation Department 295.45 320.75 330.15 Assistant Civil Engineer 300.60 329.91 340.81 Job Group XV City Electrician $316.60 $344.20 $353.60 Director of Civil Defense 316.60 344.20 353.60* Superintendent, Parks, Shade Tree and Moth 316.60 344.20 353.60 Director - Library 316.60 344.20 353.60 Superintendent Central Motor Pool 316.60 344.20 353.60 Job Group XVI City Solicitor $337. 70 $367. 70 $377.05* Superintendent of Street and Sewer 337. 70 367.70 377.05 Agent, Health Department 337.70 367.70 377.05 City Auditor 337. 70 367.70 377.05 Superintendent of Public Property and Insp. of Buildings 337.70 367.70 377.05 City Clerk 337.70 367.70 377.05 Job Group XVII City Engineer $358.80 $391.15 $400.55 * Weekly salary up to, but not exceeding this amount. Job Group 50 Special Category Annual Salary Director of Public Services $ 5,000.00 f I Planning Director 16,418.00** Data Processing Director 17,149.30 Director of Personnel - Negotiator 18,192.30** Youth Coordinator 12,831.05** Coordinator of Elderly Affairs 12, 794.00 1f�3 June 23, 1977 Computer Operator/Programmer $11,354.38 Zoning Enforcement Officer 2,600.00 Youth Worker 10,852.40** Assistant Youth Worker 8,994.00** p Market Agent 10,500.00 Chief-Fire Department-Statutory-Ratio of 2.0 of the Annual Salary in Job Group VIII A Chief-Police Department-Statutory Ratio of 2.0 of the Annual Salary in Job Group VIII B Job Group 51 Long Term Care Facility Annual Salavv Executive Director $22,418.00 Director of Fiscal Services 19,294.00* Director of Nursing 19,294.00 Physiatrist M.D. 41,170.00 Executive Secretary 11,890.00 Director of Personnel and Public Relations 11,794.00 Executive Director - Board of Trustees 1,000.00 Chief Physical Therapist 16,916.00* Chief Occupational Therapist 16,916.00* Physical Therapist 14,338.96* Occupational Therapist 14,338.96* Occupational Therapist/Physical Therapist Aide 10,362.60* Physical Therapist Assistant 10,362.60* Physical Therapist Home Care 14,338.96* Registered Nurse Clinical/Supervisor Rehabilitation 15,794.00 Chief Audio Therapist 16,326.58* Chief Speech Therapist 15,794.00* Social Service Director 13,794.00* Social Worker 12,309.08 Activities Director 9,524.00 Assistant Chief Physical Therapist 13,546.00* Utilization Review Coordinator 14,670.00 Continuing Care Coordinator 12 610.00 Rehabilitation Counselor 12,794.00 Assistant Director of Nursing 15,794.00 * Annual Salary up to but not exceeding this amount. Job Group 52 - Long Term Care Facility Secretary to Director of Fiscal Services $189.37 $205.19 $217. 76 Secretary to Director of Nursing 189.37 205.19 217. 76 Secretary to Director of Personnel/Public Relat. 189.37 205.19 217.76 June 23, 1977 Secretary to Physiatrist $189.37 $205.19 $217.76 Accounts Receivable and Credit Clerk 195.46 212.49 225.46 Distribution Clerk 205.42 223.56 234.44 Medical Records Librarian 201.95 220.08 230.96 Admitting Clerk 189.37 205.19 217.76n� E' U Telephone Operator and Typist 189.37 205.19 217.76 Activities Aide 174.61 189.13 200.04 Inpatient Billing Clerk - Therapy 189.37 205.19 217.76 E Outpatient Billing Clerk - Therapy 189.37 205.19 217.76 Medical Records Clerk - Therapy 189.37 205.19 217.76 Assistant Director of Nursing 243.55 263.10 272.50 Night Supervisor - R.N. 243.55 263.10 272.50 Charge Nurse - Supervisor 243.55 263.10 272.50 Charge Nurse 238.75 253.50 262.90 Registered Nurse 215.74 235.02 245.91 Inservice Education - R.N. 215.74 235.02 245.91 Licensed Practical Nurse 184.91 200.62 211.50 Orderly 184.91 200.62 211.50 Jr. Attendant 115.86 ------- ------- Hospital Worker 151.09 163.12 174.03 Attendant 151.09 163.12 174.03 Ward Aide 157.39 170.08 180.97 Ward Secretary 175.58 190.18 203.15 Accounts Payable and Payroll Clerk 195.46 212.49 225.46 Job Group 53 - Off Street Parking Annual Salary Executive Director $13,670.00 Clerk 660.00 *Traffic Maintenance Man 11,082.82 *Parking Meter Police Officer 11,948.00 *Salaries are transferred to the Police Department Job Group IV . Cashiers $174.61 $189.13 $200.04 Job Group VI Meter Control $195.18 $212.08 $222.98 Secretary 195.18 212.08 222.98 June 23, 1977 Full Year Part Time Positions Pharmacist - Health per week $ 69.80 Physician - Health per year $1,757.66 Dentist - Health per year $1,757.66 Matron - Police per day $ 31.85 ` Hostess - Council on Aging per week $ 121.94 Activities Director - Council on Aging per week $ 135.55 Animal Inspector per year $1,177.25 Section 2 (c) The weekly and annual salaries of employees included in the schedule of Job Groups in this Section 2 shall be effective Janury 1, 1978. Section -3 Implementation (a) Each person in the employemnt of the City of Salem on the effec- tive date set forth .in Section 2 (c) shall be paid according to the step rate, if any, then applicable to his or her position, and shall, if not already at the highest step, following the next seccedding anniversary or anniversaries of his or her employment be advanced to the succeeding steps appearing in the classification schedule of the compensation provided in Section 2 (b). (b) Each person in the employment of the City of Salem on the effectiv date set forth in Section 2 (c) and who is by this ordinance or thereafter elevated to a higher Job Group, shall be paid at the highest step rate applicable to such position. (c) There shall be paid to holders of all positions in the bargaining unit of the Police Department, and also to the holders of all positions included in the municipal employees' bargaining unit now represented by Local 1818, AFSCME, Council 41, AFL-CIO, while employed as regularly assigned members of a night shift, a night shift differential of five per cent (5%) of the base pay applicable to such position. (d) Employees in the Fire Department bargaining unit who are regularly assigned to night shift hours will be paid a night differential of five per cent (57,) of the pay applicable to such positions on a weekly basis, to be considered as part of their base pay, only for the purpose of computing overtime, holiday, vacation, sick leave and retirement benefits. Section 4. Adoption, etc. The adoption of this ordinance will not reduce the salary or wage of any officer or employees of the City of Salem, nor shall anything herein relating to city officials or employees be construed in such manner as to be in conflict with the civil service rules. Section 5. Overtime (a) Any person classified in this ordinance whose normal work week is forty (40) hours or less and who is required.to work in excess of forty (40) hours in an one week or in excess of eight (8) hours in any one day shall be compensated for each of such additional hours at a rate of one and one-half (1k) time the regular hourly rate. Only one payment of overtime for each such hour shall or may be made. /+ne (b) Any person classified in this ordinance who is required to work eyond his normal work week and up to and including forty (40) hours shall be paid at the ourly applicable rate, and over forty (40) hours according to paragraph (a) of this ection. (c) Any person classified in this ordinance whose normal work week is orty�two (42) hours and who is required to work in excess of forty-two (42) hours in ny one week shall be compensated for each of such additional hours at a rate of one and ne-half (1'k) times the regular hourly rate. ''tY June 23, 1977 Section 6. Compensation, Fire Degree _,.. A member of the Fire Department who has attained an Associate Degree in Fire Science from an accredited two. (2) year college shall received added supplemental , i compensation of Three Hundred Twenty-Five Dollars ($325.00) annually. A member of the Fire Department who has attained a Bachelor's Degree in Fire Science from an accredited four (4) year college shall receive added supplemental compensation of Seven Hundred Fifty Dollars ($750.00) annually. Section 7. Personnel Board The Mayor shall appoint, subject to confirmation by the City Council, a Personne tltl�� Board., Such Board shall consist of five (5) members and shall include a' City Depart- ment Head, a full time City employee not a Department Head, and a representative of organized labor. The initial appointments shall be for a term of one (1) year, two (2) years, and three (3) years, respectively. All subsequent appointments shall be for a term of three (3) years. (a) The_Personnel Board shall from time to time review the salary schedule herein contained. It shall inform itself as to pay rates and policies in Salem, and local areas of both public and private employront of similar nature and shall recomm- end to the Mayor 'and City Council any action which it deems necessary to maintain a fair and equitable pay level. (b) The Personnel Board shall from time to time review the work of all position in the classification schedule herein contained and make recommendations to the Mayor and City Council:. This review shall be so scheduled as to cover all positions within the classification schedule at intervals of not more than three (3) years. (c) The Personnel Board shall, following written application by the holder of any particular classified position herein, consider such -app-lication; hold-a Nearing with the applicant present, within thirty (30) days of said application in writing of its decision within ten (10) days thereafter. At.copy of such notice shall also be sent to the City Council and Personnel Office. In the case of an employee whose positi n is included in a bargaining unit, an application may be made by others on his or her behalf with the consent of the employee, and the Personnel Board may require that any such application shall be initially made, or thereafter processed, or both, by a repre- sentative of the appropriate bargaining unit, any employee feeling aggrieved by any such decision of the Personnel Board may appeal to the City Council by filing there- with a claim in writing within twenty-one (21) days after receipt of such decision. The Personnel Board will -be prepared to appear before the City Council as part of any process of such claims. Section 8. This Ordinance shall take effect as provided by the City Charter. (523) Second Passage - Ordinance The matter of second passage of an Ordinance relative to the restraint of dogs Restraint of Dogs. was then taken up. On the motion of Councillor Saraceno, it was adopted for second and final passage..' -.Councillor Grace was recorded as voting present.- (182) Second Passage - Ord. On the motion of Councillor McCabe, the matter of second passage of an Ordinance Noise Pollution on Noise Pollution was taken from the table. The Ordinance was adopted for second and final passage. Councillor Cawley was recorded as opposed. p/ In the year one thousand nine hundred and seventy-seven � `1 An Ordinance Prohibiting Unnecessary Noises Be it ordained by the City Council of the City of Salem as follows: Section 1. Whereas excessive sound and vibration are a serious hazard to the public health and welfare, safety, and the quality of life, and Whereas,as:ub'stanti.al body of science and technology exists by which excessive sound and vibration may be sub- stantially abated, and, Whereas, the people have a right to and should be ensured an environment free from excessive sound and vibration that may jeopardise their health or safety or degrade the quality of life, and, Now Therefore, it is the policy of the City of Salem to prevent excessive sound and vibration which may jeopardize the health and welfare or safety of its citizens or degrade the quality of life. 187 June 23, 1977 Section II. The Ordinances of the City of Salem are hereby amended by adding thereto Chapter 34 entitled "Noise Control" including the following sections: Section 34-1 It shall be unlawful for any person to make, continue, or cause to be made or continued any loud, unnecessary or unusual noise or any noise which: (A) endangers or injures the safety or health of humans or animals, or (B) annoys or disturbs a reasonable person of normal sensitivities, or (C) endangers or injures personal or real property, which noise sha 1 be termed a "Noise Disturbance" for the purpose of this ordinance. Non-Commercial public speaking and public assembly activities conducted on any public apace or public right of way shall be exempt from the operation of this section. Section 34-2 The following acts, among other and the causing thereof are declared to be loud disturbing and unnecessary noises and to be in violation of this Ordinance, but said enumeration shall not be deemed to be exclusive, namely: 1. Radios, Television Sets, Musical Instruments, and Similar Devices. Operating, playing or permitting the operation or playing of any radio, televisio , phonograph, drum, musical instrument, sound amplifier_, or similar device which produces reproduces, or amplifies sound: (A); Between the hours of 11 P.M. and 7 A.M. the following day in such manner as to create a noise disturbance as set out in Section 34-1 across a real property boundry except for activities open to the public and for which a permit has been issued by an appropriate authority in Salem. (B) , In such a manner as to create a noise disturbance at 50 feet (15 meters) from such device, when operated in or on a motor vehicle on a public right-of-way or public space, or in a boat on public waters. (C) In such a manner as to create a noise disturbance to any person other than t1le operator of a device, when operated by any passenger on a common carrier. (D) This section shall not apply to non-commercial spoken language covered under section 34-1.. 2. Loudspeakers/Public Address Systems (A) Using or operating for any noncommercial purpbses any loudspeaker, public address system, or similar device between the hours of 10:00 P.M. and 8:00 A.M. the following day, such that the sound therefrom creates a noise disturbance across a residential real property boundary or within a noise sensitive zone. (B) Using or operating for any commercial purpose any loudspeaker, public addres system or similar device (1) such that the sound therefrom creates a noise disturbance across a real property boundary between the hours of 6:00 P.M. and 10:00 A.M. the foll - ing..day on a public right-of-way or public space. 3. Animals and Birds Owning, possessing or harboring any animal or bird which frequently or for con- tinued duration, makes sounds which create a noise disturbance across a residential real property boundary. 4. Loading and Unloading, Manufacturing Activities Loading, unloading or other handling of boxes, crates, containers or building materials or similar objects and the engaging in Manufacturing activities between the hours of 11:00 P.M. and 7:00 A.M. the following day in such a manner as to cause a noise disturbance across a residential real property boundary. 5. Construction. Operating or permitting the operation of any tools or equipment used in construc- tion, drilling, or demolition work: (a) Between the hours of 6:00 P.M. and 7:00 A.M. the following day on weekdays or at any time on (Sundays/weekends) or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by special variance issued pursuant to the Salem Code of Ordinances. June 23, 1977 �r .r 6 Vehicle or Motorboat Repairs and Testing Repairing, rebuilding, modifying, or testing any motor vehicle, motorcycle, or motorboat in such a manner as to cause a noise dusturbance across a residential real property boundary. 7. Explosives, firearms and similar devices The use or firing of explosives, firearms, or similar devices which create impulsive sound so as to cause a noise dusturbance across a real property boundary or on a public space or right-of-way, without first obtaining a special variance issued pursuant to the Salem Code of Ordinances. (Such permit need not be obtained for licenses game-hunting activities on property where such activities are authorized, 8. Vibration Operating or permitting the operation of any device that creates vibration which is above the vibration perception threshold of an individual at or i beyond the property boundary of the source of this section, "vibration perception threshold" means the minimum ground-or structure borne vibrational motion necessary to cause a normal person to be aware of the vibration by such direct means, as, but not limited to, sensation by touch or visual observation of moving objects. 9 Horns Signaling Devices, etc. i The sounding of horn or signaling device or any automobile motorcycle, streetcar or other vehicle on any street or public place of the city, except as a danger warning; creation by means of any such signaling device of any unreasonably loud or harsh sound; and the sounding of any such device for an unnecessary and unreasonabl period of time. The use of any signaling device except one operated by hand or elec- tricity; the use of any horn, whistle or other device operated by engine exhaust; and the use of any such signaling device when traffic is for any reason held up. Section 34.3 Penalties (a) Any person who violates any provision of this Ordinance shall be fined for each offense not more than $25.00. (b) Any person who willfully or knowingly violates any provision of this ordinance shall be fined for each offense a sum of not less than $100.00 and not more than $200.00. (c) Each day of violation of any provision of this ordinance shall constitute a separate offense. Section 34.4 Other Remedies No provision of this Ordinance shall be construed to impair any common law statuto cause of action, or legal remedy therefrom, or any person for injury of damage arising from any violation of this ordinance or from other law. Section III This Ordinance shall take effect in accordance with the City Charter. i On the motion of Councillor McCabe the meeting adjourned at 12:00 P.M. i ATTEST: r JOSEPHINE R. FUSCO CITY CLERK I i 189 July 14, 1977 A regular meeting of the City Council was held in the Council Chamber on Thursday July 14, 1977, at 8:00 P.M. for the purpose of transacting any and all business. Notice of the meeting was posted on July 8, 1977 at 2:53 P.M. There was no one absent. President Swiniuch presided. On the motion of Councillor McCabe, it was voted to dispense with the reading of the record of the previous meeting. (588) A hearing was held on the application of the Pickering Oil Heat Co. , Inc. to Hearing - Pickering Oil Co. •Inflammables store 500,000 gallons of inflammables at 35 Congress Street. Appearing in favor were Councillor Jean-Guy J. Martineau, Councillor George Nowak, and Michael Davenport, President of Pickering Oil Heat, Inc. There was no _one opposed. The hearing was closed. On the motion of Councillor Martineau it was voted to grant the permit. 598 The Mayor's appointment of Raymond A. Burnham as a member of the Licensing Board Appt. Raymond Burnham Licensing Board for a term of six years expiring June, 1983 was taken up. Councillor McCabe moved suspension of the rules. Councillor Nowak objected. The confirmation of the appoint- ment was held until next meeting under the rules. 599 The Mayor's appointment of William M. Grayden as a member of the Youth Commission Appt. William Grayden Youth Commission fora term expiring March 1, 1979, replacing Atty. Henry C. Porter who has resigned, was confirmed under suspension of the rules, by a rail call vote of 10 yeas, and 1 present. Councillor Swiniuch was recorded as present. Councillor Plante moved that a letter of thanks be forwarded to Atty. Henry Porter. 600 The Mayor's appointment of Mrs. Paula Wall as a member of the Tourist Commission Appt. Paula Wall Tourist Commission for a tern expiring February 1, 1978, replacing Robert DeGrass who has resigned, was confirmed under suspension of the rules, by a unanimous roll call vote. Councillor Saraceno moved that a letter of appreciation be forwarded to Robert DeGrass. 601 The following Order, recommended by the Mayor, was referred to Finance on the Appr. Greenlawn Cemetery Improvements motion of Councillor Grace. After a 5 minute recess, Councillor Grace received unanimous consent to withdraw her objection. The order was adopted as recommended. ORDERED: That the sum of Nineteen Thousand Dollars be and the same is hereby appropriated from the "Sale of Lots" Account to the "Greenlawn Cemetery Improvements Expense" Account in accordance with the recommendation of His Honor the Mayor. 602 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Essex Institute Museum Constable Finance. Payroll ORDERED: That the sum of Four Thousand Four Hundred Twenty-nine Dollars and Five Cents ($4,429.05) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Essex Institute - Peabody Museum Constable - Payroll" Account in accordance with the recommendation of His Honor the Mayor. 190 July 14, 1977 s 603 The following Order, recommended by the Mayor, was adopted under suspension of the Appr. Collector's Payroll rules. .i ORDERED: That the sum of Three Thousand Five Hundred Forty-Three Dollars and Eighty-four Cents ($3,543.84) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Collector's-Payroll" Account in accordance with the recommendation of His Honor the Mayor. (y 604 j Appr. Cemetery Purchas The following Order, recommended by the Mayor, was adopted under suspension of the Vaults rules. ORDERED: That the sum of Two Thousand Dollars ($2,000) be and the same is hereby I I appropriated from the "Sale of Vaults" Account to the "Cemetery - Purchase Vaults" Account in accordance with the recommendations of His Honor the Mayor. 605 Order of Taking The following Order of Taking was received from the Mayor for a pedestrian Pedestrian Overpass on Highland Avenue overpass on Highland Avenue. It was adopted by a unanimous roll call vote. ORDER OF TAKING CITY OF SAREM PEDESTRIAN OVERPASS ON HIGHLAND AVENUE RESOLVED, that the common convenience, benefit and necessity of the inhabitants of the City of Salem require that certain easements and one parcel of land be taken for the purpose of constructing, installing and maintaining a pedestrian overpass on Highland Avenue. The easements and parcels of land in Salem, Essex County, Massachusetts, which are the subject of this taking are as follows: PARCEL 1. A temporary easement on the property of Raymond L. and Shirley M. L'Abb 138 Highland Avenue beginning at the southeasterly corner of said property on the northerly street line of Highland Avenue and extending thence southwesterly along said street about 15 feet to a point; thence crossing said property northwesterly about 52 feet to a point on said easterly property line; thence along said property line about 55 feet to the point of beginning, said temporary easement containing 390 square feet, as shown on a plan entitled "Plan of Land on Highland Avenue, Salem, Essex County Showing Easements and Taking for a Proposed Pedestrian Overpass" scale 1"=40' , May 6, 1977, Louis F. Maffei, Land Surveyor, recorded herewith. Said temporary easement includes the right to enter upon said land at any time duri g the effective period of said easement to perform work necessary to the construction of the overpass. Said temporary easemEn t shall terminate two(2) years from the date on which construction commences. PARCEL 2. A temporary easement beginning at the southwesterly corner of said property on the northerly street line of Highland Avenue and extending thence north- easterly along said street line of Highland Avenue about 20 feet; thence northwesterly about 54 feet to a point; thence southwesterly about 20 feet to a point on said property line; thence southeasterly about 54 feet along said property line to the point ( � of beginning, said temporary easement containing 1080 square feet, as shown herewith. Said temporary easement includes the right to enter upon said land at any time during the effective period of said easement to perform work necessary to the construction of the overpass. Said temporary easement shall terminate two (2) years from the date on which construction commences. PARCEL 3. A permanent easement on the property of Raymond L. and Shirley L'Abbe at 138 Highland Avenue beginning at the southeasterly property corner on the northerly street line of Highland Avenue and extending thence southwesterly about 10 feet to a point on said street line, thence leaving said street line northwesterly about 38 feet to a point on the easterly property line of said lot; thence southeasterly along said property line about 40 feet to the point of beginning, said permanent easement containing 190 square feet, as shown on the plan cited with reference to parcel 1, recorded herewith. 191 July 14, 1977 PARCEL 4. A permanent easement on the property of Charles J. Murphy and Ann Emmerton at 134 Highland Avenue beginning at the southwesterly property corner on the northerly street line of Highland Avenue and extends thence leaving said street line of Highland Avenue and extends thence leaving said street line and following along the westerly property line northwesterly about 54 feet to a point; thence leaving said property line northeasterly about 10 feet to a point; thence southeasterly about 54 feet to a point on the northerly street line of Highland Avenue; thence southwester,.y Along the northerly street line of said street about 10 feet to the point of beginning said permanent easement containing 540 square feet, as shown on the plan cited with reference to parcel 1, recorded herewith. PARCEL 5. A parcel of land in Salem belonging to Santo and Giovanna Costa at 136 Highland Avenue, said parcel bounded; southerly by the northerly street line of Highland Avenue 75.25 feet; westerly by land now or formerly of Raymond L. and Shirley M. L'Abbe 103.30 feet; northerly by land now or formerly of Ronald and Ann E. Emmerton 97.53 feet; easterly by land now or formerly of Charles J. Murphy and Ann Emmerton 102.85 feet, said parcel containing 8,990 square feet, as shown on the plan cited with reference to parcel 1, recorded herewith. ORDERED: That the City Council of the City of Salem, with the approval of its Mayor by and under the provisions of Chapter 79 of the General Laws, does hereby take by right of eminent domain, in accordance with Chapter 43, Section 30 and by every othe power authority enabling for the purpose of the aforesaid pedestrian overpass, the described easements and parcel. We supposed owners of land affected and the amount of the award to each are as follows: PARCEL 1. Raymond L. & Shirley M. L'Abbe $ 500.00 PARCEL 2. Charles J. Murphy & Ann Emmerton $ 300.00 PARCEL 3. Raymond L. & Shirley M. L'Abbe $2,600.00 PARCEL 4. Charles J. Murphy & Ann Emmerton $1,700.00 PARCEL 5. Santo & Giovanna Costa $4,000.00 All compensation is in full for any and all damages sustained by them aforesaid, said amounts are to be charged to the City of Salem, Planning Department, One Salem Green, Salem, Massachusetts. The names of owners herein given, although supposed Co be correct, are such only is to be matters of opinion and belief. ORDERED: That the City Clerk cause an attested copy of this ORDER to be recorded by the Essex South District Registry of Deeds at Salem Within thirty days from date of adoption and approval hereof; and that a copy of same be sent certified mail return receipt requested, to each owner listed above within the same period. Given under our hands this 14th day of July 1977. 606 The following Order, recommended by the Mayor was adopted under suspension of the Appr. Highland Avenue Overpass - Land Taking rules. .ORDERED. That the -sum of Nine Thousand One Hundred Dollars ($9,100.00) be and the same is hereby appropriated from the "Revenue Fiscal 1978" Account to the "Highland ACV Avenue Overpass - Land Taking" Account in accordance with the recommendation of His Honor the Mayor. 607 The following Ordinance, recommended by the Mayor, was adopted for first passage First Passage Ordinance Payment of Bills by a unanimous roll call vote. In the year one thousand nine hundred and Seventy Seven An Ordinance amending an Ordinance in the Salem Code of Ordinances 1952 Be it ordained by the City Council of the City of Salefi, as follows: tI JN July 14, 1977 Section 1. Chapter 2, Section 2.15, Relative to the Time of Payment of Bills and i IF Accounts is hereby amended by deleting the following: �i "The regular payday for all bills and accounts against the City shall be the twentieth day of each month, except when that date falls upon Saturday, Sunday, or a holiday, the bills shall be paid on the next business day following." and substituting in place thereof: "The regular payday for all bills and accounts against the City shall be the tenth, a? u twentieth, and last day of each month, except when these dates fall upon Saturday, gunday, or a holiday, the bills shall be paid on the next business day following. Section 2. This Ordinance shall take effect as provided by the City Charter. 608 VETO - Essex Institute The following VETO was received from the Mayor. Peabody Museum Constabl S. Ladies and Gentlemen of the Council: I hereby return this proposed Ordinance "DISAPPROVED" under the provision of Section 55 of the City. Charter of the City of Salem. The reason for this disapproval is that I strongly support the Essex Institute and the Peabody Museum and this Council action will force these two .facilities to charge admission fees to the residents of the City of Salem. This Ordinance change s is equivalent to the City of Salem turning its back on one of the greatest resources that we have. The future of the City of Salem depends on promoting the distinctive elements which make it a unique environment in which to live, and this is no time for the City to retreat from its own future. We should not approach this matter from a narrow outlook but from what this decision will mean to each and every citizen of Salem. Very truly yours, JEAN A. LEVESQUE, MAYOR No action for 7 days under the rules. 609 Resolution filing of The following Resolution was received by the Mayor. It was adopted by a unanimous Appl. Public Works Funds roll call vote. BE IT RESOLVED by the City Council of the City of Salem, Massachusetts that the 1 Mayor, as the City's chief executive officer, is hereby authorized to make application for and to expend Local Public Works Funds in the amount of $1,566,000.00 for Salem's Local Public Works Program which shall consist of the design, construction, and administration of the following projects: 1) Department of Public Works Garage 1 2) City Records Storage Facility 3) Municipal Buildings Energy Conservation Said application and expe&iture shall be in accordance with all applicable U.S. Department of Commerce rules and regulations, and in accordance with all applicable General Laws of the Commonwealth of Massachusetts. 193 July 14, 1977 610 A Final Replacement License, signed with Warner Cable Corporation, was received Replacement License Cable Television from the Mayor. On the motion of Councillor Cawley, it was referred to the Committee on Regional Services. FINAL REPLACEMENT LICENSE COMMUNITY ANTENNA TELEVISION SYSTEM DEFINITIONS: For the purpose of this license, the following terms, phrases, words and their derivations shall have the meanings given herein: 1) City: City of Salem. 2) Issuing Authority: the Mayor of the City of Salem 3) Licensee: Warner Cable of Salem, Inc. 4) Community Antenna Television Systems or CATV System: a facility which receive and amplifies the signals broadcast by one or more t43evision stations and redistribute such signals to subscribing members of the public for a fixed or periodic fee, employ- ing wires or cables passing along, over, under, across and upon streets, ways, lanes, alleys, parkways, bridges, highways and other public places, including property over which the City has an easement or right of way and including facilities which in add- ition to providing such reception, amplification and redistribution, are also used to originate and distribute programs or other material to such subscribers. 5) Subscriber: a person who contracts to receive the signals amplified by and redistributed by the Licensee. 1. The Issuing Authority hereby grants to Warner Cable of Salem, Inc. , a final license to construct and operate a Community Antenna Television System in the City of Salem, Massachusetts. This license is a "Final" replacement license within the meaning of St. 1971, c. 1103, s 4. 2. This final replacement license shall be for a period of fifteen (15) years extending from the effective date hereof. 3. This license is issued upon the following conditions as set forth in G.L. c. 166A, Section 5:- (a) In installing, operating, and maintaining equipment, cable and wires, Licensee shall avoid all unnecessary damage and injury to trees, structures, and improvements owned by the City, in and along the routes authorized by the Issuing Authority unless prior consent is obtained from the Issuing Authority. (b) The Licensee shall indemnify and hold the City harmless at all times during the term of the license from any and all claims and injury and damage to persons or property, both real and personal, caused by the installation, operation, or maintenance of any structure, equipment, wire or cable authorized to be installed pursuant to the license. Upon receipt of notice in writing from the Issuing Authority, the Licensee shall at its own expense defend any action or proceeding against the City 19� July 14, 1977 in which it is claimed that personal injury or property damage was caused by activitie of the Licensee in the installation, operation, or maintenance of its system, and shall keep the City informed as to theP rogress of any litigation. i '- (c) The Licensee shall carry insurance with companies satisfactory to the Issuing Authority, indemnifying the City and itself from and against any and all claims for injury or damage to persons or property, both real and personal, caused by the construction, installation, operation or maintenance or any structure, equip- ment wires or cables authorized or used pursuant to the license. The amount of such '1 insurance against liability for damage to property shall not be less than one million dollars as to any one accident. The amount of such insurance for liability for injury or death to persons shall not be less than one million dollars on account of injury to or death of any number of persons in any one accident. (d) The Licensee shall not engage directly or indirectly in the business of selling or repairing television or radio sets. (e) The Licensee shall provide a cable drop and an outlet.along its cable routes to public schools, police and fire stations, public libraries and other public buildings designated in writing by the Issuing Authority, all at no cost. (f) Upon termination of the period of the license, or of any renewal thereof, by passage of time or otherwise, the Licensee shall remove its support ing structure, poles, transmissions and distribution sytstems and other appurtenances from the streets, ways, lanes, alleys, parkways, bridges, highways, and other public places in, over, under or along which they are installed and shall restore the areas to their original condition. If such removal is not completed within six months of such termination, the Issuing Authority may deem any property not removed as having been abandoned. (g) Whenever the Licensee takes up or disturbs any pavements, sideo.alk or other improvement of any public way or public place, the same shall be replaced and the surface restored in as good condition as before entry as soon as practicable. If the Licensee fails to make such restoration within a reasonable time, the Issuing Authority may fix a reasonable time for such restoration and repairs and shall notify the Licensee in writing of the restoration and repairs required and the i time fixed for performance thereof. Upon failure of the Licensee to comply within the time specified, the Issuing Authority may cause proper restoration and repairs to be made and the expense of such work shall be paid by the Licensee upon demand by the Issuing Authority. (h) The Licensee shall not remove any television antenna of any subscriber but shall, at cost, offer to him and maintain an adequate switching device to allow the subscriber to choose between cable and noncable reception. 195 July 14, 1977 (i) Whenever the Licenseetransposes any television signal from the channel on which it was originally .broadcast so that it is received on a different channel on the receiving sets of subscribers, the Licensee shall at least one month prior to such transposition notify its subscribers in writing of such transposition and provide them with a marker suitable for mounting on television receivers indicatin the fact of such transposition. (j) If the Licensee permits any person who is a legally qualified candidate for any public office to employ the facilities of its system or originate an disseminate political campaign material, the Licensee shall afford equal opportunities to all other such candidates for the same office to use such facilities to originate and disseminate any views concerning a controversial issue of public importance, and shall afford reasonable opportunity for the presentation over its facilities of con- trary points of view. The commission shall be guided by and its decision shall be consistent with those of the Federal Communications Commission under similar provision of the Communications Act of 1934, as amended, and of the policies established by the Federal Communications Commission. (k) Before commencing construction, the Licensee shall submit to the issuing Authority a bond, in the penal sum of $50,000 with corporate surety satisfac- tory to such authority. The conditions and terms of said bond shall be: (1) The satisfactory completion of installation and operation of the system in accordance with the provisions of subsections (a), (m) and (n) of G.L. 166A Section 5; (2) The indemnity of the City in accordance with the provisions of subsection (b) of G.L. c. 166A Section 5: (3) The satisfactory removal of the system in accordance with the provisions of subsection (f) of G.L. 166A, Section 5; (4) The satisfactory restoration of pavements, sidewalks, and other improvements in accordance with_ the provisions of subsection (g) of G.L. 166A Section 5. (1) The Licensee shall maintain local telephone connections in the City. 4. This license shall not be transferred or assigned without the approval of the Issuing Authority, and only upon a written application to the Issuing Authority upon forms prescribed by the Community Antenna Television Commission established in accordance with G.L. 166A. 5. The CATV installation of all wires and cables necessary to serve the City of Salem shall commence within six months of the effective date of this license, and July 14, 1977 jy.. the Licensee shall construct approximately twenty miles of wires or lines per month, completing construction and commencing operation within eighteen months, provided, however, that delays are not incurred due to conditions beyond Licensee's control, such as strikes, unavailability of materials, inclement weather, delays occasioned by, or the filing of, protests of grant filed with the FCC or the Massachusetts CATV Commission or delays occasioned by the obtaining of additional permits. 6. As expeditiously as reasonably possible after receipt of subscriberscomplaifi s regarding CATV operations, Licensee shall investigate such complaints and resolve them F to the extent reasonably. possible, and Agents shall be available in the City for such F purposes. The Mayor of the City has primary responsibility for the continuing admin- istration of the license and of the reasonable implementation of the foregoing complaint procedure. Notice of the foregoing will be given by Licensee to each new subscriber at the time of initial regular subscription to the cable system. If. there shall be a complaint bearing on signal quality, Licensee shall demonstrate to sub- scribers that a signal of adequate strength and quality has been delivered. In the event service to a subscriber is interrupted for a period of 24 or more consecutive hours, then the Licensee shall grant the subscriber a prorata credit or rebate. 7. In case of an emergency or disaster, the Licensee shall, upon request of the Issueing Authority, Chief of Police, Chief of the Fire Department, or Director of Civil Defense, make available its facilities to the City for emergency use during the emergency disaster period. 8. The Licensee shall comply with: (a) All regulations of the Federal Communications Commission, statutes of the Commonwealth of Massachusetts and ordinances of the City of Salem with reference to the installation and maintenance of poles, wires, and alike. (b) All transmissions and distribution structures, lines, and equipment erected by the Licensee within the City shall be so located as to cause minimum inter- ference with the proper use of streets, alleys and other public ways and places, and to cause minimum interference with the rights and reasonable convenience of property owners who abut any of the said streets, alleys, or other public ways and places. (c) In case of disturbance of any street, sidewalk, alley, public way, or paved area, the Licensee shall, at its own cost and expense replace and restore such street, sidewalk, alley, public way, or paved area in as good a condition as before the work involving such disturbance was done. (d) If at any time during the period of this license the City Shall lawfully elect to alter or change the grade of any street, sidewalk, alley, or other public way, the Licensee, upon reasonable notice by the City, shall remove, relay, and relocate its poles, wires, cables, underground conduits, manholes, and other fixtures at its own expense. X9'7 -_..RW July 14., 1977 (e) Any poles or other fixtures placed in any public way by the Licensee shall be placed in such manner as not to interfere with the usual travel on such public way. (f) If the Licensee shall, at the request of any person holding a building moving permit issued by the City, temporarily raise or lower its wires to permit the moving of buildings, the expense of such temporary removal or raising or lowering of wires shall have the authority to require such payment in advance. The Licensee shall be given reasonable advance notice to arrange for such temporary wire- changes. (g) In all sections of the City Where the cables, wires, or other like facilities of both public utilities are placed underground, the Licensee shall place its cables, wires or other like facilities underground to the maximum extent that existing technology permits the Licensee to do so. 9. The Licensee shall on or before the anniversary date of the license during the period within which it is in force, pay annually to the Issuring Authority, a license fee equal to fifty cents per subscriber served. 10. The subscriber shall pay to the Licensee for the regular service received hereunder, the following charges, which shall not be changed except pursuant to the provisions of General Laws c. 166A and any rules and regulations of the Massachusetts CATV Commission promulgated thereunder; provided, that Licensee may, without any further approvals, alter the following rate schedule prior to the commencement of service to subscribers to maintain the same rates in Salem as in the other systems in the metropolitan Boston area served by Licensee and its affiliated companies. (1) Non-Commercial subscribers: (a) Installation - the Licensee may charge a maximum rate of $25.00. Licensee agrees that for at least thirty days after activation of any section of the CATV system, the maximum rate for a basic installation shall be reduced to $15.00, for all bona fide orders received from subscribers who will be served by that section of the system. (b) For each additional set, a maximum charge of $15.00 is to be paid. (c) The charges in (a) and (b) shall be maximum charges unless the cable necessary to reach the subscriber's premises will exceed 150 feet in length or is required to be placed underground, in which event, the installation fee will be negotiated with the subscriber. (d) For any house to house move within the franchise area served by Warner Cable of Massachusetts - $10.00 (a) For any inside house move - $10.00 (f) For any reconnection of prior service - $10.00 (g) For any transfer, old to new set - $10.00 198 h July. 14, 1977 (h) The service charge shall be $7.50 per month, and $2.50 per mont for each additional set in the same household, which service shall be deemed to include provision of a converter. i (2) Commercial subscribers: - Installation and Service Charges shall be negotiated with commercial subscribers. A commercial subscriber is a user who provides service to television sets of others, exhibits programs to customers or the public or owns or maintains'•property consisting of multiple dwelling units. 11. The Licensee shallcassume;:the.Mbst.vf publication oftthis license. 12. The Licensee shall file annsalily,:with the t Is suing,lAnthori ty on forms''}irbsc- ribed.by the Massaehusetts CATV.;Commission an' audited',-and3_swo^tn 'statement of its revenu( s and expenses in the City of Salem and certified to by the Chief Financial officer of the Licensee, and a statement disclosing its ownership for official use only. In addition.;: the>Licensee.,shall, also fi,le,wich the. Issuing Authority-oh forms''tb be prescribed by,said Commission,. afinancial balance sheetand statement of ownership with regard to the City of Salem CATV system which shall be open to public inspection. 13. If any section, subsection, sentence,. clause, phrase or portion of this license is for any reason held to be unconstitutional, illegal or in conflict with G.L. 166A by any court of competent jurisdiction or by the Community Antenna Television Commission established' un, G..L. 166A',="4Yrj byt'any) federal e6mmuhication§'Com'mis1sion';' such , portion shall be deemed a separate and independent provision and such holding shall not affert the validity of the remaining portions hereof. 14. Any modifications of the provisions of section 76.31 of the FCC Rules resulting 'from amendments by said Commission shall be incorporated in this license within- one year of °adoption of the aiadif!-cbtio€f br: a`t Ithe time bf I ienewal' `of the` license, whichever first occurs. 15. In the award of license rights to Licensee the Issuing Authority has examined Licensee's Legal, character, financial, technical, and other qualifications, and the adequacy and feasibility of its construction arrangements, as part of a full public procedure affording due process. Signed this seventh day of July, 1977. WITNESSES s/John A. Condon s/Jean A.' Ldvesque; Mayor As to Form: I" s/ Peter R. Merry, Asst. City Solicitor l July 14, 1977 i 611 The Mayor's appointment of the following Constables for a term of 1 year effective Constables August 1, 1977, was received and filed. i Richard S. Winer, 30 Loris Road, Peabody Carl H.R. Haggstrom, Jr. , 42 Essex Street, Salem Donald E. Tremblay, Jr. , 51 Linden Street, Salem Alfred F. Masse, 260 Ipswich Road, Topsfield Robert L. Blowers, 122 Williams Ave, Lynn 612 Councillor Martineau introduced the following Order which was adopted. Playg m and Tag Days ORDERED: That the Committee on Ordinances and Legal Affairs meet with the Recreation Commission to discuss the possibility of terminating the use of "TAG DAY" by Playground Associations in Fund-raising activities. And that all city playground associations be invited to attend. 613 Councillor Grace introduced the following Order which was adopted. Solid Waste Pick-up Station ORDERER: That the Committee on Municipal Services, the City Engineer, and Officia s from the S.C.A. (Private Trash Collector) meet to discuss the pick up of solid waste in the city. Also to be discussed at this meeting - the possibility of private citizens being allowed to take trash to the transfer station, and Saturday availabilit at the transfer site. 614 Councillor McCabe introduced the following order. Councillor Cawley amended that North River Odor the City Solicitor review all court orders pending relative to dumping in the North River and see that they are adhered to. The order was adopted as amended. ORDERED: That the City Engineer, in his dual capacity as Engineer and as Salem's representative to the South Essex Sewerage Board investigate the cause of the Contin- uous offensive odor emanating from the North River, taking whatever immediate remedy of solution is available to him and report his findings and recommendations to the City Council as soon as possible. Be it further ordered that the Health Agent conduct a simultaneous investigation and also report his findings and recommendations to the City Council. 615 Councillor Nowak introduced the following Ordinance which was adopted for first First Passage - One-Way Streets passage. In the year one thousand nine hundred and Seventy-Seven An Ordinance to amend and Ordinance relating to Traffic (One-Way Streets) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 10 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby amended by adding the following streets in alphabetical order: Dustin Street - From Columbus Avenue to Fort Avenue in a northwesterly direction. Lowell Street - From Columbus Avenue to Fort Avenue in a northwesterly direction. Section 2. This Ordinance shall take effect as provided by City Charter. j, July 14, 1977 616 Support of Arbella Councillor Grace introduced the following Order which was adopted. Drum mrp. _ nicate with the School Committee and ORDERED: That the Salem City Council Commu ji offer our support to the Arbella Drum Corps for practice on the Bertram Field site on Monday and Wednesday evenings from 6:00 P.M. to 9:00 P.M. and also on days of competitions for � hoir. 617 CETA Program in Salem Councillor Atkins introduced the following Order which was adopted. ORDERED: That the City Council President request the executive director of the Salem CETA program to meet with the Committee of the Whole to provide an evaluation of the progress and effect of said CETA program in the City of Salem. 618 Enforcement of Salem Councillor Martineau introduced the following Order which was adopted. Code of Ordinances ORDERED:IThat the acting Police Chief be ordered to enforce the Salem Code of t. Ordinances;specifically Section 16-12 (Placing nails, tacks, glass, etc. into streets public places.) 2. Also Section 16-19 (Drinking alcoholic Beverages prohibited upon public ways, etc.) as amended and as defined in Ch apter 138, Sectiam 1 of the Massachusetts General Laws. 3. That the Acting Police Chief come before the Council, within 30 days, to report the number of arrests and convictions that have resulted due to violations within the past year. 619 One Hour parking Councillor Martineau introduced the following Order which was adopted. Harbor Street ` ORDERED: That the Police Department, Traffic Division, erect signs immediately indicating "One Hour Parking Limit" on Harbor Street, North Side beginning at the inter- section of Lafayette Street and Harbor Street and running East for the distance of 130 feet for a trial period of sixty days. 620 15 Minute Parking Councillor Martineau introduced the following Order which was adopted. Congress Street ORDERED: That the Salem Police Department, Traffic Division, erect signs immediat ly I indicating 1115 Minute Parking Limit" on Congress Street, West side beginning at the intersection of Ward Street and Congress Street and running South to the intersection of Harbor Street and Congress Street for a trial period of sixty days. �l 621 Review Working Foremen' Councillor Saracen introduced the following Order which was adopted. Salaries 4 ORDERED: That the Personnel Board review all Working Foremen's Salaries as there is a discrepancy in the wages paid to working foremen in various departments, and that this position should have a pay scale that is uniform in all aspects. 2f)� July 14, 1977 622 Councillor Saraceno introduced the following Ordinance which was referred to the Ordinance Classificati City Marshal for his written comments. of Salary Schedules In the year one thousand nind hundred and seventy-seven An Ordinance relating to classification and Salary Schedules of certain employees of :® the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. The Ordinance relating to Classification and Salary Schedules of certain employees of the City of Salem as amended and adopted is hereby amended by deleting the following under Job Group VII. TRAFFIC MAINTENANCE MAN-SIGN PAINTER: STEP I STEP II STEP III $197.52 $214.96 $225.42 Section II This Ordinance shall take effect as provided in the City Charter. The Council recessed at 9:00 P.M. and.-reconvened at 9:05 P.M. 623 Councillor Martineau offered the following report for the Committee on Licenses Certain Licenses and Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting cdrtain licenses has considered said matter and would recommend that the following licenses be granted. NEW LICENSES TAXI OPERATOR Judith A. Weaver, 3 Harrison Ave, Salem John A. Ywuc, 9 Manning Street, Salem 624 Councillor Rochna offered the following report for the Committee on Finance. Drug Rehab. Program It was voted to accept the Report. Councillor Martineau's motion to lay the matter on the table was defeated by a roll call vote of 5 yeas and 6 nays. Councillors Grace, Martineau, McCabe, Nowak, and Plante were recorded as voting in the affirmative. Councillors .Atkins, Bouley, Cawley, Rochna, Saraceno, and Swiniuch were recorded as voting in the negative. The mecommendation was adopted. The Committee on Finance to whom was referred the matter of an appropriation of Twelve Thousand Eight Hundred Fifteen dollars ($12,815.00) from the "Revenue Fiscal 1978" Account to the Drug Rehabilitation Program" Account has considered said matter and would recommend that the appropriation be adopted as recommended by the Mayor on the June 23 meeting. 625 Councillor Nowak offorfd thue folloQ;,ng, report for the Committee on Rukes and Bonds Sale of Excess Land It was voted to accept the report and adopt the recommendation. The Committee on Rules and Bonds to whom was referred recommendations for the sale �nz July 14, 1977 i, Buildings, easements and rights held to be in excess of the City of Salem's needs has li considered said matter and ,D uld recommend the recommendations as introduced May 12, 1977, #377 be adopted. T0: Members of the Salem City Council I hereby make the following recommendations for the sale of lands, buildings, easements and rights held to be in excess of the City of Salem's needs. Pursuant to Chapter 40, Section 15, which the city is bound to act there-under, that the following regulations and guidelines are hereby tendered for Council approval. 1. The Public Property, Planning, Engineering and Conservation Departments/ Commissions are duly authorized to make the determinations on land, buildings, ease- ments and rights owned by the city of Salem, as being in excess for sale purposes. The City Clerk shall offer said excess land, buildings, easements or rights by adver- tising with the full description thereof and their permitted use. All bids shall be sealed. 2. Any person or party interested shall apply at the City Clerk's office and purchase for a nominal fee, as set by the City Clerk, the regulations, guide-lines and list of land, buildings, easements and rights that are available. 3. All declaritory statements of excess land, buildings, easements or rights must be appraised either by an independent real estate appraiser or by the Board of Assessors or both. 3A. All sealed bids to purchase must be presented to the office of the City Clerk, and shall be properly recorded and time-dated at time of receipt. B. The City Clerk shall present to the City Council at its regular scheduled meeting, all such requests. C. The City Council president shall automatically refer such requests to the Committee on Community Development. D. The Committee on Community Development shall review the request for purchas as to fair market value, proposed use, and set forth any and all regulations pertaining to use and time limits of development of said property, if it is to be developed. Any restrictions placed on the purchase must be a condition of the deed or conveyance. The Commmnity Development Committee shall report its findings and recommendations to the full Council at its next regular meeting. E. Said Land, Buildings, easements or rights can only be sold for such purpos as the present Zoning Laws prescribe, unless otherwise noted. Recommendations of Sales of the above, shall be made in the best interests of the City of Salem. k - F. There shall be executed on the First Business day of April and the first business day of September of each year, a Legal Size advertisement to appear in a newspaper of general circulation in the City of Salem all lands, buildings, easements s A 2113 July 14, 1977 or rights determined to be held in excess and not required for usage by the City of i i Salem. These advertisements shall appear once a week for a two week period beginning with the first week in April and September of each year. The cost of said advertise- ments shall be pro-rated over the number of parcels of land, buildings, easements or rights declared to be of no need or use by the City of Salem, that have been trans- ferred by sale or lease. G. All aforementioned costs shall be added to the established sale price, as determined by the City Council and the Mayor. H. All procedures will be subject to Chapter 40, Section 15. 626 Councillor McCabe offered the following report for the Committee on Ordinances and Moratorium Traffic on rtt Mall Legal Affairs. Acceptance of the Report was voted. - Councillor Plante amended that Merchants necessitating deliveries during moratorium contact Market Agent for approval and Market Agent keep record of these deliveries was adopted. Recommendation was adopted as amended. The Committee on Ordinances and Legal Affairs to whom was referred the rM tter of a traffic moratorium on the Essex Street mall areas has considered said matterand would recommend that a Traffic Moratorium be put into effect in the Essex Street Mall areas, banning all vehicular traffic from said area with the exception of Police, Fire, Ambulance, Mail, & Armored Car Services between the hours of 11:30 A.M. and 2 P.M. daily, Said ban to be for a 60 day trial period. 627 Councillor Atkins offered the following Report for the Committee on Municipal Cliff St. Sewerage Services. The report was accepted and the recommendation adopted. The Committee on Municipal Services after considering the matter of a sewerage problem on Cliff Street has considered said matter and would recommend that the City Council request the Mayor to appropriate the sums required for installation of sewerag on Cliff Street. 628 Councillor Atkins offered the following report for the Committee on Municipal Underground Conduit Boston & Goodhue Sts. Services. The report was accepted and the recommendation adopted. The Committee on Municipal Services to whom was referred the application of New England Telephone for a permit to install an underground conduit at Boston & Goodhue Streets has considered said matter and would recommend approval of the permit on condition that the work be performed under the daily supervision of the office of City Engineer. Councillor Atkins requested consent to refer back to Motions, Orders, and Reso- lutions. Councillor Martineau objected. Councillor Nowak requested a 2 minute recess. It was so voted. The Council recessed at 9:30 P.M. and reconvened at 9:32 P.M. Councillor Martineau requested and received unanimous consent to withdraw his objection. It was so voted. 204 July 14, 1977 629 Securing Fort Lee Councillors Nowak and Atkins introduced the following order which was adopted. ORDERED: That the City Council hereby requests that the Mayor appropriate $1,550.00 to the Park Department for the purpose of securing the parking lot at Fort Lee in accordance with the attached communication from the Park Commissioners. 630 Appeal John A. Condon A communication was received from John A. Condon, requesting a hearing regarding the Personnel Boards decision to deny his request for upgrading his position. On t the motion of Councillor Cawley, a hearing was granted. It was referred to the i Committee of the Whole, and the Council President is to set the hearing date with I City Clerk. It was so voted. 631 Attendance Records The Attendance records of Certain Boards and Commissions were received and filed. 632 Utilization of Old Town A communication was received from the Market Area Management Commission regarding Hall the proposed use of Old Town Hall. Councillor Cawley moved that the Market Agent be approved as the City's agent in the Bookings covering leasing of space in Old Town Hall. It was so voted. 633 Off Str. Park. Comm. A communication was received from the Off Street Parking Commission relative to an alternate parking space for the Harbormaster after the Tuesday deadline. Councillor Cawley moved suspension of the rules. There was no objection. Councillor Grace moved that it be referred to the Committee on Municipal Services. I It was so voted. 634 P Inflammables 289 Derby A hearing was ordered for August 18, 1977 on the application of North Shore Street Petroleum, Inc. , to keep, Store and sell an additional 5,000 gallons of Class A Gasoline at 289 Derby Street, making a total of 15,000 gallons at this location. 635 Inflammables 245-249 A hearing was ordered for August 18, 1977 on the application of Cities Service Derby Street Oil Co. to keep, store and sell in additional 17,790 gallons of gasoline at 245-249 Derby Street making a total of 36,000 gallons. 636 'j Pole Location Botts A hearing was ordered for August 18, 1977, on the application of New England Court Telephone and Telegraph Co and Massachusetts Electric Company for a joint pole location at the corner of Botts Court and Chestnut Street. 637 Hedges overhanging A petition was received from Anne & Rose Pekin regadding an Ordinance being sidewalks adopted to prohibit hedges overhanging sidewalks. Councillor Martineau moved that the matter be referred to the Superintendent of Streets for his recommendations. It was so voted. 638-639 Claims The following claims were referred to the Committee on Ordinances and Legal Affairs. Mrs. Edith T. Birarelli, 36 Cliff St. , Beverly Don Weston, 5 Conners Road, Salem 205 y July 14, 1977 i The application of Milton R. Pollock for a one day Auctioneer's License was 640Auctioneer's License granted. 641 The application of Elizabeth D. Haley for a Public Guide License at the Hotel Public Guide License Hawthorne was granted. 642 The following Licenses were referred to the Committee on Licenses & Permits. Renewals of Certain RENEWALS Licenses TAXI OPERATOR Toni Cossista, 10' Andrews Street, Salem BOWLING ALLEY Thomas H. Letarte, 18 Broadway, Salem POCKET BILLIARD TABLES John D. Galaris, 92 Lafayette St. , Salem The following applications for-TAG DAYS were granted. 643-654 Tag Days Gallows Hill Playground, July 15, 1977 Cabot Farm Playground, July 21, 1977 Mansell Playground, July 22, 1977 McGlew Playground, JULY 26, 1977 Mack Park Playground, July 27, 1977 Juniper Playground, July 28, 1977 Broad Street Playground, July 29, 1977 Witchcraft Playground, August 4, 1977 Common Playground, August 5, 1977 Curtis Playground, August 11, 1977 Forest River Park, August 12, 1977 Palmer Cove Playground, July 30, 1977 (556) The matter of the Mayor's appointment of Angie Rodriquez as a member of the Appt. Angie Rodriquez Human Rights Comm. Human Rights Commission was then taken up. The appointment was confirmed by a unanimou roll call vote of 11 yeas. (846) -1976 The matter of Second Passage of an Ordinance Amending Chapter 23, Sewer Assessmen sSecond Passage - Sewer Use Ordinance. and Sewer Charges was then taken up. Councillor Grace amended by deleting Section 23-23, second sentence. "All water required and used by the City in its various departments shall be furnished free of charge and no sewer use charge will be made." The Ordinance as amended was adopted for second and final passage by a roll call vote of 10 yeas, and 1 nay. Councillor Swiniuch was recorded as voting in the negative. In the year One Thousand Nine Hundred and Seventy Six An Ordinance to amend Chapter 23, of the revised Ordinances of 1973, as amended. Be it ordained by the City Council of the City of Salem, as follows: Chapter 23, of the revised Ordinances of 1973, as amended, is hereby amended as follows: Section 1. Title Amend Title to read: znaH July 14, 1977 Chapter 23 Sewers, Drains, Sewage Disposal and Use Charges. Section 2. Section 23-11 Sewer Assessments - Basis Amend by deleting Secs. 23-11 Thru Sec. 23-14 and insert the following: Section 23 - 11 Sewer Assessments - Basis Sewer assessments shall be made as provided by the law of this Common- wealth, and according to the unit method as described hereinafter. See Assessments f r i Sewers, Mass. Gen. Laws Ann. C. 83, Sec. 14, et seq. s' Section 23 - 12 Same - Apportionment of Costs Owners of estates situated in the City of Salem and within the territory embraced by the system of sewerage disposal controlled by the South Essex Sewerage Districts I shall, if such estates can be directly drained into or connected with laid system, be I assessed in the manner and by the methods provided by this Chapter, but no estate shall be deemed to be benefited unless a sewer is constructed into which said estate can be drained. In providing for the payment by property owners of their portion of such betterment assessments, based on total construction costs less one-fourth part of such expense, which part shall become the liability of the City, the Board of Assesso s shall apply the unit method of assessment. Under such unit method of assessments, properties so benefitted shall be assigned units as follows: A. In residence zones, property improved for residential use shall be assigned one (1) unit for each residential use located thereon. The area of such improved property in excess of the minimum lot size required under the applicable zoning law shall be assigned units as follows: (1) For each 7,000 square feet or fraction thereof in residence I and II (R-1, R-II) districts, one (1) unit shall be assigned, with fractional units assigned round d to the nearest one-quarter (4) unit, and with a maximum assignment of four (4) e:units per acre. (2) For each 12,000 square feet or fraction thereof in residence III (R-III) districts, one (1) unit shall be assigned, with fractional units assigned rounded to r the nearest one-quarter (4) unit, and with a maximum assignment of two (2) units per acre. (3) , , For each 30,000 square feet or fraction thereof in residential-Conservation (, (R-C) districts, one (1) unit shall be assigned, with fractional units assigned (�1J rounded to the nearest one-quarter (4) unit, and with a maximum assignment of one (1) unit per acre. B. In residential zones, unimproved property abutting a street in which a sewer has been laid shall be assigned one (1) unit for each existing building lot, or for each lot of the minimum area and width permitted by the applicable zoning regulations. �'ij "1 207 July 14, 1977 Such area of such unimproved property as may be in excess of the minimum lot size required under the applicable zoning law shall be assigned units as follows: (1) For each 7,000 square feet, or fraction thereof in residence I and II (R-I, F R-II) districts, one (1) unit shall be assigned, with fractioanl units assigned roun- ded to the nearest one quarter (4) unit, and with a maximum assignment of four (4) units per acre. (2) For each 12,000 square feet or fraction thereof in residence III (R-III) districts, one (1) unit shall be assigned, with fractional units assigned rounded to the nearest one-quarter (4) unit, and with a maximum assignment of two (2) units per acre. (3) For each 30,000 square feet or fraction thereof in residential-conservation (R-C) districts, one (1) unit shall be assigned, with fractional units assigned rounded to the nearest one-quarter (4) unit, and with a maximum assignment of (1) one unit per acre. C. In any zone, one (1) unit shall be assigned for each residential unit in a multi-family residential development. D. In business, commercial and industrial zones, units shall be assigned in accordance with the one of the following three methods which results in the greatest number of units: (1) One (1) unit shall be assigned for each 1200 square feet of gross floor area of the buildings thereon, with the assigned units being computed to the nearest one- quarter (4) unit. (2) One (1) unit shall be assigned for each use devoted to dwelling purposed for one family, and one (1) unit shall be assigned for each apartment. (3) In business, commercial and industrial zones, unimproved property accessible to the street which a sewer line has been laid shall be assigned one (1) unit for eac 7,000 square feet or fraction thereof, with fractional units assigned rounded to the nearest one-quarter (4) unit. E. In residence zones, where a dwelling is so situated on the property of an owner that, on either side of the dwelling. thera is insufficient width of property belonging to the dwelling owner to constitute an additional lot under the applicable zoning regulations, such property shall be considered benefitted to the extent of onl one unit, notwithstanding the fact that more units might have been assigned had the dwelling been differently situated, or had there been no dwelling at all. If, however, a special exception or variance is subsequently granted, said property shall then become liable to 'reassessment for the cost per unit as herein described, and at the rate existing at the time during which the sewer was built. Any unit costs previously assessed shall be subtracted. ��h d July 14, 1977 F?. i— F. In business, commercial and industrial zones, the area to which units shall be assigned shall be the total recorded area of the estate, without regard to the situati n of the buildings located thereon. The preceeding shall apply equally to nonconforming business, commercial and industrial uses, and to any nonresidential use in any zone, f G. In residential zones where a nonconforming business, commercial, or industrial use exists, or in any zone where a nonresidential use exists, such uses shall be .j considered as located in a business, commercial or industrial zone for the purpose of determining the extent to which such property is benefitted. In addition, the i i business, commercial or industrial zone methods of assessment shall be applied, not- I withstanding the fact that the use might be located in a residential zone. i H. If in the opinion of the Board of Assessors, the size, shape, location, develop ment of use of any property subject to assessment under this ordinance does not reflec the extent of benefit which the assignment of units would otherwise indicate, the Board shall make such reasonable adjustment in the assessment as it deems to be just and equitable. Section 23-13 Same - Establishment and Collection of Assessment The Superintendent of Street, acting under the supervision of the City Engineer, shall keep an accurate account of the! cost of constructing any sewer improvement, and shall make a report of such account to the City Council within thirty (30) days of the completion of such construction, and shall submit a schedule and plan showing the names of the owners of the estates abutting and benefitted. The amount ascertained, assessed and certified by the City Council shall be recorded by the City Clerk, and shall constitute a lien against the estate to the extent permitted by law, until such time as all payments have been made in accordance with the procedures hereinafter prescribed. The City Clerk shall forthwith furnish to the Board of Assessors and to the City Collector a certified copy of such assessment schedule, with the order of the i City Council thereon. The Assessors shall then apportion such assessments into twenty (20) equal parts, and one (1) of said parts or installments, together with interest at the rate of six (6) percent from the date of the apportionment, shall be added by the Assessors to the annual property tax amount on such estate for the year next ensuing, until all said parts have been paid, un'•ess they are sooner paid as hereinafter provided. Nothing hereinafter contained shall be construed as preventing , the payment at any time of any portion of the outstanding balance of the assessment, together with the interest thereon. Interest at the rate of six (6) percent shall accrue to the day of such advance payment. Upon receiving such payment, the City Collector shall certify such receipt to the Assessors, who shall preserve a record thereof. The provisions of this Chapter shall apply not only to assessments made aft r the effective date of this ordinance, but also to any such assessment previously made RMF July 14, 1977 t and outstanding so as to allow twenty (20) yearly payments from the date of the r original assessment. Any assessment of any installment thereof not paid within thirty (30) days of it due date shall begin to bear interest at the rate prescribed by the General Laws as applicable to delinquent taxes upon real property. Each additional of interest shall be collectible as a part of such delinquent assessment. Whenever an installment becomes delinquent, the entire unpaid balance and interest thereon likewise becomes delinquent. The Lien of any unpaid assessment may be continued, recorded or released in the manner prescriked by the General Laws. The liens securing the payment of the assessments_ described herein shall take$ ®cgdADa1P,4aovere•all other liens and. encumbrances except those securing the payment of unpaid taxes, and may be foreclosed In L the same manner as are porperty tax liens. Section 23 - 14 Abatements and Deferments If, in the opinion of the Board of Assessors, owing to the size, shape, location, or use of the property assessed, the assessment does not reflect the extent of the benefit in that the assessment exceeds the benefit, an abatement may be granted for that portion of the assessment which exceeds the benefit. Abatements may also be granted with respect to land donated or used for public highways, or land permanently restricted for use as a public recreation site, or burde ed . by a public conservation easemat, or other servitude prohibiting its use for private business, commercial or industrial uses. If, in the opinion of the Board of Assessors, a newly constructed sewer would no be of immediate benefit to any specific parcel of real property owing to such property's low elevation, or to other topographical features, or to such property's distance from a sewer lateral, or to such property's being undeveloped, the Assessors may extend the time for the payment of such assessments upon undeveloped land until it is build upon, and may extend the time for the payment of such assessments upon developed land for a fixed time. Nevertheless, interest at the rate of six (6) percent shall be paid annually upon the assessment from the time of its making. Furthermore, the first installment o such assessment shall become due and payable at the expiration of three (3) months from , j the date of the completion of building upon previously undeveloped land. Likewise, the fi first installment of such assessment shall become due and payable at the expiration of the fixed time of suspension of payments granted with regard to developed land. The City Council may, at the request of the owner of land zoned for industrial or commercial uses, direct the Board of Assessors to assess the cost of installation of the sewer on or up to such land, in the manner provided by Chapter 83 of the General Laws. Payment of such assessment may be apportioned in the manner provided in Section 13 of this Chapter. 210 ;q . July 14, 1977 Section 3. Add new sections, 21 - 24 Entitles - Sewer Use Charges n , Section 23-21 Sewer Use Charges Sewer use charges shall be made as provided by laws of this Commonwealth and as provided described hereinafter. I See Mass. Gen. Laws Ann. c. 83, Sec. 16, et seq. In establishing the charge to be paid by the owners of estates benefitted by the r sewer system of the City of Salem, and the treatment facilities of the South Essex Sewerage District, the City Engineer"shall offset the-costs to the City for the South Essex Sewerage District yearly costs, and the projected costs of operating and main- taining the City of Salem sewer system against a use fee based on water consumption as measured by the Salem Water Department. Such charge shall constitute an additional s ' charge over and above the water use charge. Section 23-22 Sewer Use Rate Determination The City Engineer shall advise the City Council of South Essex Sewerage Distric charges, the cost of the City System, and determine and present for approval the sewer use charge per hundred cubic feet of water, necessary to meet ;those costs. Where estimated use is the measurement of water charge, then too shall the sewer use charge be based on estimated use. Private water users, or water users disposing of some fraction of waste water to a system other than the City sewer shall have a flow meter installed as approved by the City Engineer, and at their expense, for the measurement of sewage flow. Estates not connected to the City Sewer System will not be charged providing the estate is not under order of the Health Department or the City Engineer, to connect the System. (See State Law. Mass. Gen. Laws Ann. C. 83, Sec. 11, et seq.) Section 23-23 When Bill for use charge is payable: Non-payment I j Sewer use charges will be determined by water use and shall be charged quart- erly, separately but coincidental with water bills. All Bills for sewer use charges shall be payable quarterly at the office of the City Collector within 30 days of the end of the quarter. Any charge for sewer use not paid within 30 days shall be declared delinquent yejl IvMdl/II by the City Collector and shall constitute a lien against the property to the extent J permitted by law, and shall with °30 days of its due date begin to bear interest at the i rate prescribed by the General Laws as applicable to delinquent taxes upon real property. (376) Second Passage - Ordin- The matter of second passage of an Ordinance establishing a Personnel Department amdgPersonnel Dept. & Duties of Director and the duties of Personnel Director was then taken up. It was adopted for second ! and final passage by a unanimous roll call vote. July 14, 1977 The matter of second passage of an Ordinance transferring the Solid Waste (566)Second Passage- Tiansfer Solid Waste Division to the Department of Public Works was then taken up. It was adopted for to Dept. of Public second and final passage by a unanimous roll call vote. Works In the year one thousand nine hundred and seventy-seven An Ordinance to transfer the Solid Waste Division from the Board of Health to the Department of Public Works Be it ordained by the City Council of the City of Salem, as follows: Section I. Section 20341 of the Salem Code of Ordinances is hereby deleted. Section II. Section 20341 is hereby amended by adding under subsection three (3) thereof, the words "Including solid waste." Section III. Section 2-405 of the Salem Code of Ordinances is hereby amended by adding under subsection B thereof, the words ,,and Solid Waste Division" Section IV. Section 2-430 of the Salem Code of Ordinances is hereby amended to read as follows: "To be head of division of streets, sewer and drains and solid waste" "The superintendent of streets shall be the head of the division of streets and the division of sewers and drains and solid waste of the department of public works." Section V. All employees of the Board of Health presently engaged in solid waste activity, shall be transferred to the Department of Public Works. Section VI. Section 2-417 of the Salem Code of Ordinances is hereby amended by adding at the end thereof: "The City Engineer shall make all contracts for the collection and disposition of solid waste." Section VII. This Ordinance shall take effect in accordance with the City Charter. (572) The matter of second and final passage of an Ordinance relative A Taxi Stand Second Passage Taxi Stand Ordinance at 18 Washington Square West, (Hawthorne Inn) was then taken up. It was adopted for second and final passage by a unanimous roll call vote. (227) The matter of second reading of New Council Rule Sec. 32-B. relative to the Second Reading New Council Rule Re: purchase of City Owned Property was then taken up. It was adopted for second Purchase of City Prop reading by a unanimous roll call vote. APPENDIX A RULES AND ORDERS OF THE CITY COUNCIL: MEETINGS, QUORUMS, PROCEEDINGS* Sec. 32-B. - Purchase of real property from the City Every request or offer to purchase real property from the City shall, upon its introduction into the City Council, stand referred to the Committee on Community Development, which shall consider said matter and develop a written recommended pro- cedure to be followed in selling said real property. A copy of the request or offer shall be sent to the Department having custody of the property; the Engineering Department, Planning Department and Conservation Commission. The committee shall report said recommended procedure to the City Council for adoption, rejection or other appropriate action. July 14, 1977 On the motion of Councillor Martineau, the meeting adjourned at 10:05 P.M. �I ATTEST: JOSEPHINE R. FUSCO CITY CLERK I 21.3 August 18, 1977 A REGULAR MEETING of the City Council was held in the Council Chamber on August 18, 1977, at 8:00 P.M. for the purpose of transacting any and all business. Notice o the meeting was posted on August 8, 1977 at 1:47 P.M. President Swiniuch presided. Councillor Ronald G. Plante was absent. C. McCabe moved to dispense with the reading of the record of the previous meeting. 655 Councillor Martineau requested and received unanimous consent to take out of First Passage Heavy order an Ordinance relative to Traffic. It was adopted for first passage. GenevaVStreets In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited- Heavy Vehicles) Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 15, Section 45, subsection A of the Salem Code of Ordinances is hereby amended by inserting the word, "Parking" after the word, "Use" as it appears in said section. Section 2. Chapter 15, Section 45, subsection A is amended by adding at the end there- of, Geneva Street from the intersection of Hancock Street and Geneva Street to the intersection of Roslyn Street. Section 3. This Ordinance shall take effect as provided by City Charter. (634) A hearing was held on the application of North Shore Petroleum, Inc. to increase Inflammables the amount of gasoline at 289 DerbyStreet b 5 000 289 Derby Street y gallons, making a total of 15,000 gallons at this location. Appearing in favor was Councillor,Jean-Guy J. Martiaeauw, Councillor Nowak .asked if a .representative of North Shore Petroleum was present. There was no one present. Councillor Nowak moved that the matter be laid on the table . It was so voted. (635) A hearing was held on the application of Cities Service Oil Company to increase Inflammables the amount of gasoline at 245-249 Derby Street by 17,790 gallons, making a total of 245-249 Derby Street 36,000 gallons at this location. Appearing in favor were Councillor Jean-Guy J. Martineau, and Mr. Henry Almquist of Cities Service Oil Company. There was no one opposed. The hearing was closed. Councillor Martineau moved that the permit be granted. It was so voted. 656 A hearing was held on the application of New England Telephone and Telegraph Pole location Botts Court and Massachusetts Electric Company for a joint pole location at the corner of Botts Court and Chestnut Street. Appearing in favor were Councillor Joseph G. Saraceno, Mr. George Cooley from New England Telephone and Telegraph, and Mr. Rihbany, an abbutter. There was no one opposed. The hearing was closed. Councillor Saraceno moved that the permit be granted. It was so voted. August 18, 1977 657 Appt. James H. Boulger The Mayor's appointment of Mr. James H. Boulger, Jr. as a member of the Board Board of Appeal of Appeal for a term expiring May 1, 1980, replacing Mr. John M. Gray who resigned, was confirmed under suspension of the rules, by a unanimous roll call vote of 10 yeas, and 1 abs. A letter of commendation will be forwarded to Mr. Gray for his 55 years of service to the City of Salem, on the motion of Councillor Atkins. 658 Appt. Mrs. Joan Bacall The Mayor's Appointment of Mrs. Joan Bacall as a member of the Tourist Comm- Tourist Commission ission for the term expiring February 1, 1979, replacing Mr. John Boris who has resigned, was confirmed under suspension of the rules by a unanimous roll call vote of 10 yeas, and 1 abs. Councillor Saraceno moved that a letter of commendation be } forwarded to Mr. Boris. t 659 Appt. Mr. John L. Hayes The Mayor's appointment of Mr. John L. Hayes as a member of the Board of Board of Trustees Plummer Home for Boys Trustees for the Plummer Home for Boys for the term expiring February 1, 1978, replac- ing Mr. Arthur Brophy who passed away, was confirmed under suspension of the rules by a unanimous roll call vote of 10 yeas, and 1 abs. 660 Appt. Mr. William Abbot The Mayor's appointment of Mr. William Abbott as a member of the Board of Mr. Douglas Hopper Board of Appeals Appeals for a term expiring May 1, 1978, and Mr. Douglas Hopper as an Associate Member for a term expiring May 1, 1980, was confirmed under suspension of the rules by a unanimous roll call vote of 10 yeas and 1 abs. 661 Appr. $1,750,000.00 The following Order, recommended by the Mayor, was adopted under suspension of to Revenue Fiscal 1978 the rules. ORDERED: That the sum of One Million Seven Hundred Fifty Thousand Dollars ($1,750,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Revenue Fiscal 1978" Account in accordance with the recommendation of His Honor the Mayor. 662 Appr. $50,000.00 The following Order, recommended by the Mayor, was referred to the Committee to Water Break Payroll and Expense on Finance. ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) be and the same { is hereby appropriated from the "Surplus Revenue" Account to the "Water Break-Payroll and Expense" Account in accordance with the recommendation of His Honor the Mayor. 663 j. Appr. $40,000.00 The following Order, recommended by the Mayor, was adopted under suspension to Ambulance Garage Repairs of the rules. v ORDERED: That the sum of Fortj Thousand Dollars ($40,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the 1!Ambulance Garage Repairs" Account in accordance with the recommendation of His Honor the Mayor. .T._ 77 August 18, 1977 664 The following Order, recommended by the Mayor, was adopted under suspension of Appr. $19,750.00 the rules. to Sewer Emergency Cleaning ORDERED: .. That the sum of Nineteen Thousand Seven Hundred Fifty Dollars ($19,750.00) be and the same is hereby appropriated from the "Surplus Revenue" account to the "Sewer Emergency Cleaning" Account in accordance with the recommendatio I of His Honor the Mayor. The following Order, recommended by the Mayor, was adopted under suspension of 665 P Appr. $9,511.20 the rules. to Treasurer Data Processing Payroll ORDERED: That the sum of Nine Thousand Five Hundred Eleven Dollars and Twenty Cents ($9,511.20) be and the same is hereby appropriated from the "Public Law #94-369, Title II" Account to the "Treasurer Data Processing-Payroll" Account in accordance with the recommendation of His Honor the Mayor. The following Order, recommended by the Mayor, was adopted under suspension 666 P Appr. $3,540.00 of the rules. to Electrical-Bill i ORDERED: That the sum of Three Thousand Five Hundred Forty Dollars ($3,540.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Electrical-Bill" Account in accordance with the recommendation of His Honor the Mayor. 667 The following Order was recommended by the Mayor. Councillor Cawley's motion Appr. $1,654. 77 to amend the Order by deleting $2,500.00 and inserting in place thereof $1,654. 77 to Baker's Island was voted. . The Order was adopted as amended. ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2.500.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Baker's Island" Account in accordance with recommendation of His Honor the Mayor. 668 The following Order, recommended by the Mayor, was referred to the Committee , $1 $1,500.00 Appr. ' on Finance. Band Concerts ORDERED: That the sum of Fifteen Hundred Dollars ($1,500.00) be and the same is hereby appropriated from the "Revenue Fiscal 1978" Account to the "Band Concerts" a Account in accordance with the recommendation of His Honor the Mayor. The following Order, recommended by the Mayor, was adopted under $89 of suspension P $894.07 North Shore the rules. Elder Service, Inc ORDERED: That the sum of Eight Hundred Ninety Four Dollars and Seven Cents ($894.07) be and the same is hereby appropriated from the "Meals for Aged-Title VII" Account in order to pay "North Shore Elder Service, Inc." in accordance with the rec- commendation of His Honor the Mayor. 2�yb `` August 18, 1977 670 Appr. $800.00 Health The following Order, recommended by the Mayor, was referred to the Committee . Administrative Payroll i on Finance. 40RDERED: That the sum of Eight Hundred Dollars ($800.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Health Administrative ° Payroll" Account in accordance with the recommendation of His Honor the Mayor. 671 Appr. $671. 75 North The following Order, recommended by the Mayor, was -adopted under suspension Shore Elder Service Inc. of the rules. ORDERED: That the sum of Six Hundred Seventy One Dollars and Seventy-Five i Cents ($671.75) be and the same is hereby appropriated from the "Meals for Aged- Title VII" Account in order to pay "North Shore Elder Service, Inc." in accordance t with the recommendation of His Honor the Mayor. 672 Land Transfer City of The following Order, recommended by the Mayor, was referred to the Committee Salem & Peabody Museum on Community Development. ORDERED: That the Mayor is hereby authorized to convey on behalf of the city the following described parcel to the Peabody Museum. A certain parcel of land located on and off Charter Street in Salem, Essex County, Massachusetts, and being shown as lot 3 on a certain plan of land entitles "Plot Plan of Land in Salem prepared for Peabody Museum of Salem, May 9, 1977, Essex Survey Service, Inc." to be recorded herewith and being more particularly bounded and described as follows: Beginning at a point on the Northerly side of said Charter Street and thence running in a generally Northerly direction, by land of Peabody Museum of Salem, 78. 74 feet; thence turning and running in a generally Westerly direction, by other land of said Peabody Museum of Salem, 11.59 feet; and thence turning and running in a generally Southerly direction, by remaining land of the City of Salem, 80.64 feet to the point of beginning. The consideration for the conveyance of the above described parcel from the City of Salem to the Peabody Museum shall be the conveyance of the following described parcel, designated parcel 2, from the Peabody Museum to the City of Salem. A certain parcel of registered land located off Essex Street in Salem, Essex County, Massachusetts and being bounded and described as follows: Westerly by land of the City of Salem 45.00 feet; Southerly by other land of the City of Salem 10.66 feet; i Easterly by remaining land of Peabody Museum of Salem 44.89 feet; and Northerly by other land now or formerly of said Peabody Museum of Salem 6.56 feet. Being a portion of the premises shown upon plan numbered 3009-A., drawn by Charles A. Metcalf, Civil Engineer, Dated July 1910, a copy of a portion of which is filed with original Certificate of Title 760 in the Registered Land Division of Essex South District Registry of Deeds. ' f Said premises are also shown as lot 2 on plan to be filed herewith. VVV 'r 673 l Constables The Mayor's Appointment of the following Constables for a term of one year effective August 20, 1977, was received and filed. Solomon Markarian, 8 Rawlins Street, Salem ° Anthony Rizzotti, 10 Prescott Streef, Salem John S. Smedile, 146 North Street, Salem The Council recessed at 8:45 P.M. and reconvened at 8:50 P.M. 2.t August 18, 1977 Councillor Martineau introduced the followingOrder. 674 Councillor McCabe amended City Solicitor that the Order be referred to the Commit Review Committee on Ordinance City Charter Ordinances and Legal Affairs, and that a representative of the Charter Study Committee be included in the invitations to the Meeting. The order was adopted as amended. ORDERED: That the City Solicitor meet with the City Council's Committee on Ordinances and Legal Affairs for the purpose of reviewing the Salem City Charter, Specifically: 1. The requirements and qualifications an individual must meet to be eligible to run for elected office in Salem. 2. The enactment of rules and codes which would be required of an elected Official to abide by in order to remain in office. 3. The enactment of a procedure by which the City Council could use to censure, reprimand, and impeach members of its body for violations of newly formulated codes of ethics. 4. The enactment of City Ordinance that would prohibit any member of the City Council to actively announce or campaign for any elected office beyond the municipal level,, while serving in office. 5. That no member of the City Council may serve on the Council while he or 4 she is not a resident of the ward of which he or she is elected to re re- sent and serve office. P 6. That no member of the Council who, elected to serve, at large, may remain in office, unless he or she, while serving, be a resident in the City of Salem. 7. That the role of part time status be re-studied to see if it is in the present job description and duties of the office of Councillor, in adequate in serving the peoples needs in the Legislative and Represen- tative functions for which they serve. Councillor Nowak introduced the following Order which was adopted. 675 a ' P MK-1 Oil Substance ORDERED: That the Cit Engineer Fort Parking Lot City g' purchase (MK-1) an oil base substance to cover the parking lot at Salem Willows (This is below the Fort). Councillor Rochna introduced the following Order which was adopted. 676 P Trash Recepticlea ORDERED: That the Park Department respond to the need of ample trash receptacle' in the City of Salem especially on Essex Street to past the Witch House and all along Washington Street as well as Derby Street and all parks. 677 Councillor Grace introduced the following Ordinance which was adopted for first First Passage - Traffi passage. Flint Street In the year one thousand nine hundred and seventy-seven An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited) Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 15, Section 51 of the Revised Ordinances of the City of Salem, Mass. , 1952, is hereby further amended by adding the following street in alpha- betical order: "Flint Street - beginning at a point one hundred and twenty-seven (127) feet from Federal Street in a southeasterly direction, both sides." Section 2. This Ordinance shall take effect as provided by the City Charter. August 18, 1977 678 First Passage - Traffic Councillor Saraceno introduced the following Ordinance which was adopted for Salem High School first passage. In the year one thousand nine hundred and seventy-seven An Ordinance to establish Parking and Traffic Regulations on the grounds of the Salem High School. e Be it Ordained by the City Council of the City of Salem as follows: Section 1. Chapter 15 of the Salem Code of Ordinances is hereby amended by adding at the end thereof: Article VII Parking and Traffic Regulations on grounds at the Salem High School S. 87 - Regulations The following parking and traffic regulations shall be in effect on all roads and ways in existence on the grounds of the Salem High School located at 77 Willson Street, Salem, Massachusetts. 1. No person shall park a vehicle on any of the roads and ways located on the t grounds of the Salem High School. 2. The roads at the immediate front and rear of the Salem High School are hereby designated as fire lanes and can be used only in accordance with the other provisions of this Ordinance relative to fire lanes. 3. No person shall park a vehicle on said grounds of the Salem High School except on the student, faculty and visitor parking lots. 4. Handicapped persons may park in the designated lot in front of the Unified Arts wing of the building. 5. No person shall operate a vehicle on any of said roads and ways above I; the limit of 8 miles per hour. 6. The Police Department of the City of Salem shall enforce all provisions of this Ordinance as well as insuring compliance with posed parking, pedestrian and vehicular directions in order to eliminate hazardous conditions. Section II. This Ordinance shall take effect as provided by City Charter. Y 679 JCommunity Development Councillor Rochna introduced the following Order which was adopted. meeting w/ Salem Marina ORDERED: That a Community Development Committee meeting be held to discuss the problems that exist at the Salem Marina RE: Very poor water pressure, polluted t" water, street drain filling in an area in the Marina prohibiting the use for boat slips by the Marina as a few examples. Those to be invited shall include the follow- ing: Roger DeManbro, Anthony Fletcher, City Engineer, Armand Beauregard, Street Department, Chief James F. Brennan, Fire Department. 680 First Passage - Traffic Councillor Grace introduced the following Ordinance which was adopted for Boston Street first passage. In the year one thousand nine hundred and seventy-seven An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited on Certain Streets) . 219 August 18, 1977 Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby amended by deleting the following street: Boston Street, from Pope Street to Highland Avenue, Southerly Side. Section 2. This Ordinance shall take effect as provided by the City Charter. 681 Councillor Nowak introduced the following Order. Councillor Cawley amended List of Vendors. in the Order by deleting advertising and inserting in place therein post and make Salem available to the public. The Order was adopted as amended. ORDERED: That the City Auditor compile and public in our local paper a report of all vendors that have done business with the City from July 1, 1976, to July 1, 1977, and that this be done on a yearly basis. L 682 Councillor Martineau introduced the following Order which was adopted, No Parking Lafayette ORDERED: That the Police Department, Traffic Division, put up signs indicating and Dow Street "No Parking this side between the hours of 8 A.M. to 6P.M" at Lafayette Street, East Side, beginning 100 feet from the intersection of Dow street and Lafayette Street and running North for the distance of 120 feet, for a trial period of ninety days. 683 Councillor McCabe introduced the following Order which was adopted, No Parking Walter St. ORDERED: That the side of Walter Street be posted for "No Parking this side" from Dearborn Street to Orne Street for a 60 day trial period. III 684 Councillor Grace introduced the following Ordinance which was adopted for first First Passage One way Sts. Hanson S passage. In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to Traffic (One-Way Streets) Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 15, Section 10 of the Revised Ordinances of the City of Salem, Mass. 1952 is hereby amended by deleting the following street: Hanson Street, from Boston Street to Putnam Street in a southerly direction Section 2. This Ordinance shall take effect as provided by the City Charter. 685 Councillor Cawley introduced the following Order which was adopted. Validity of License with Cable T,V, ORDERED: That the Council President take the necessary steps to determine the validity of the "Replacement License" so called, issued by the Mayor to Warner Cable T.V. of Salem. Said determination to be made considering the Council Order "Cable T.V. not to be issued without Council approval", adopted by the Salem City Council on May 10, 1973, and approved by the Mayor on May 15, 1973 as well as any Public Hearing process which may be called for. 2,30 August 18, 1977 0 686 Review. of Sign Ordin- Councillor McCabe introduced the following Order that was adopted. ance ORDERED: That the Committee on Ordinances & Legal Affairs meet with the Planning Department as requested by the Department to review the sign Ordinance. 687 Report North River Councillors Grace and McCabe introduced the following Order which was adopted. ORDERED: That the Committee on Natural Resources meet to discuss the find- ings in the report from the City Engineer about the North River. 688 Licenses Granted Councillor Martineau offered the following report for the Committee on Licenses and Permits. It was voted to accept- the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following licenses be granted. RENEWALS TAXI OPERATOR Toni Cassista, 10z Andrews Street, Salem BOWLING ALLEY Thomas H. Letarte, 18 Broadway, Salem (Candlepin Lanes) POCKET BILLIARD TABLES John D. Galaris, 92 Lafayette Street, Salem (15) 689 Appr. $4,429.05 Councillor Rochna offered the following report for the Committee on Finance. Peabody Museum - Essex Institute Constables It was voted to accept the report and adopt the recommendation. The Committee on Fico nce to whom was referred the matter of Four Thousand four hundred twenty nine dollars and five cents ($4,429.05) to be appropriated from "Surplus Revenue" to the "Essex Institute-Peabody Museum Constable - Payroll" Account has considered such matter and would recommend that the appropriation be adopted as recommended by the Mayor in the July 14, 1977 meeting. 690 Municipal Services Councillor Atkins offered the following report for the Committee on Municipal Juvenile & Young Adult Crime Services. It was voted to accept the report and adopt the recommendation. The Attached Ordinance was adopted for first passage. The Committee on Municipal Services to whom was referred the report of the Committee on Juvenile and Young Adult Crime has considered said matter and would recommend adoption of the attached Ordinance creating a Council on Youth. 690-A Ordinance Est. Council In the year one thousand nine hundred and seventy-seven on Youth First Passage An Ordinance establishing a Council on Youth Be it ordained by the City Council of the City of Salem, as follows Section 1. Chapter 2 of the City of Salem Code of Ordinances is hereby amended by adding the following: Article XXIV - Council on Youth Sec. 2-600 Established A Council on Youth is hereby established for the purpose of reviewing problems related to youth. Sec. 2-601 Membership; :qualification of Members The Council shall consist of nine (9) members to include: one (1) member 0f the Salem City Council, one (1) member of the Salem Youth Commission, one (( ) representativ 221 of the Salem Police Department Youth Division, one (1) member of the Council on Aging one (1) member of the High School Student Council, one (1) member of the School Comm- ittee, and three (3) registered voters of the City of Salem, appointed by the Mayor. Sec. 2 - 602 Appointment The Council members shall be appointed annually by the designated councils or commissions. All members appointed by the Mayor shall be subject to the confirmation of the City Council. Sec. 2 - 603 Compensation The members of the council shall serve without compensation. Sec. 2 - 604 Organization; Chairperson .Upon their appointment, the members of�the Council shall meet and organize by electing one of their members chairperson, and such other officers deemed necessary. Sec. 2 - 605 Duties The council shall advise the Mayor, City Council, and School Committee regarding matters related to youth and shall from time to time present recommendations relative thereto. Sec. 2 - 606 Annual and Other Reports The council shall make an annual report on or before the first day of April to the Mayor and City Council and such other reports as from time to time may be requested. SECTION -2 - This Ordinance shall take effect in accordance with the City Charter. 691 Councillor Atkins offered the_following,report for the Committee on Municipal Add Juvenile Police Services. It was voted to accept the report and adopt the recommendation. Councillor to Police Dept. Martineau was recorded as opposed. The Committee on Municipal Services to whom was referred a report of the Comm- ittee on juvenile and young adult crime has considered said matter and would recom- mend 1. That the Mayor be requested to submit to the City Council a salary classif- ication ordinance amended with any required appropriation for two additional officers to be appointed to the Salem Police Department with the intent of providing additional policing of youth-related crimes through the Juvenile Division of the Salem Police a Department. 2. That the Mayor be requested to report to the City Council the status of " plans to rehabilitate the existing police department headquarters with specific ref- erence to plans for a Juvenile Detention Center. 3. That the Mayor be requested to report to the City Council on the need for additional police officers. ` 692 Councillor Atkins offered the following report for the Committee on Municipal Budget Line Item Police Traffic Services. It was voted to accept the report. The Committee on Municipal Services, having met at the request of the Salem Police Department Traffic Division concerning traffic maintenance matter has considered said matter and would recommend; 1. That the City Auditor be requested to make permanent a budget line item for the Police Traffic Maintenance Division by transferring funds allotted to the Off Street Parking Commission for said purpose to the Police Department Traffic Division 2�z - August 18, 1977 2. That the Mayor be requested to appropriate funds required to purchase a truck for the Traffic Maintenance Division of the Salem Police Department and that the superintendent of Central Motor Pool initiate specification and bidding procedures for said purchase. Councillor Cawley amended to delete all the text in the Committee's recomm- endation, and to insert in place thereof that the Committee on Municipal Services investigate the feasibility of Police Traffic being funded by a budget line item from the Off Street Parking Commission, and report back to the City Council. Councillor Martineau moved the question. It was voted by a roll call vote of 9 yeas, 1 nay, and 1 absent. Councillors Atkins, Bouley, Grace, McCabe, Martineau, Nowak, Rochna, Saraceno, and Swiniuch were recorded as voting in the affirmative. Councillor Cawley was recorded as voting in the negative. Councillor Plante was absent. Councillor Cawley's motion to delete the recommendation was defeated by a roll call vote of 1 yea, 9 nays, and 1 absent. Councillor Cawley was recorded as voting in the affirmative. Councillors Atkins, Bouley, Grace, McCabe, Martineau, Nowak Rochna, Saraceno, and Swiniuch were recorded as voting in the negative. Councillor Plante was absent. Adoption of the recommendation of the Committee Report was voted by a roll call vote of 8 yeas, 1 nay, 1 present, and 1 absent. Councillors Atkins, Bouley, Grace, McCabe, Martineau, Nowak, Rochna, and Saraceno were recorded as voting in the affirma- tive. Councillor Cawley was recorded as voting in the negative. Councillor Swiniuch was recorded as voting present. Councillor Plante was absent. 693 Solid Waste Transfer Councillor Atkins offered the following report for the Committee on Municipal Services. It was voted to accept the report. The Committee on Municipal Services to whom was referred the matter of oper- ation of the solid waste transfer station fees has considered said matter and would recommend that the Department of Public Works be requested to establish the following policy: Residents with non-commercial trash shall be allowed free access to transfer station upon presentation of the Massachusetts driver's license showing Salem residency, ' and further, that the transfer station shall be opened at least one Saturday per month. Councillor Martineau amended the Committee Report by deleting the entire y Report and inserting therein that the transfer station be opened on the third Saturday of every month and the charge policy remain as it presently stands. The motion was defeated. The recommendation was adopted as originally submitted. 694 ecreational Fee System Councillor Atkins offered the following report for the Committee on Municipal Services. It was voted to accept the report. 223 i August 18, 1977 The Committee on Municipal Services to whom was referred a fee system for recreational department programs has considered said matter and would recommend that a fee system for recreational department programs not be established. Councillor McCabe moved that the matter be laid on the table until the next regular meeting. It was so voted. 695 A communication was received from the Superintendent of Streets relative to Hedges Overhanging an Ordinance for Hedges Overhanging Sidewalks. Councillor Cawley moved it be received Sidewalks and placed on file. Councillor Bouley amended that a copy be forwarded to Ann and I" Rose Pekin. It was so voted as amended. A communication was received from Acting Marshal Charles J. Connelly 696 relative to an Ordinance on Traffic Maintenance Man-Sign Painter. Councillor Comm. Marshal Connelly Sign Painter Ordinance Saraceno moved that it be received and placed on file. It was so voted. Councillor Atkins moved for adoption of the Ordinance for first passage. It was so voted. In the year one thousand nine hundred and sevent (622) y-seven First Passage Ordinance Salary An Ordinance relating to classification and Salary Schedules of certain employ- PainterSchedule Sign ees of the City of Salem. Be it ordained by the City Council of the City of Salem, As follows: Section 1. The Ordinance relating to Classification and Salary Schedules of certain employees of the City of Salem as amended and adopted is hereby amended by deleting the following under Job Group VII. TRAFFIC MAINTENANCE MAN-SIGN PAINTER: Step I Step II Step III $197.52 $214.96 $225.42 Section II This Ordinance shall take effect as provided in the City Charter. 697 The vandalism report for certain departments was received and placed on file. Vandalism Report Councillor Martineau moved that a copy of the report be forwarded to him. 698 The Attendance Records for certain Boards and Commissions were received and Attendance Records i placed on file. ' 699 The Tourist Commission report for the month of July, 1977 was received and Tourist Comm. Report placed on file. 5 700 The minutes of the Meeting for the Tourist Commission Meeting for August 8,1977 Minutes of Meeting Tourist Commission were received and placed on file. 701 A communication was received from the Salem Historical Commission creating Ordinance Proposal Salem Hist. Comm. the Washington Square Historical District. It was referred to the Committee on Community Development. Councillor Atkins amended that the Committee on Community Development hold a Public Hearing before the next regular meeting. It was so voted. it INN August 18, 1977 F Petition Charles E.702 A petition was received from Charles E. DiPesa & Co. to be considered for DiPesa - Auditing ,t auditing purposes in the City of Salem. Councillor Martineau moved that it be I' received and placed on file. It was so voted. 703 A petition was received from the residents of Ward street relative to the Ward Street Residents I Traffic speed on the street. Councillor Martineau moved that it be referred to him. It was so voted. Ralph Pezeulo RE: 704 A petition was received from Ralph Pezzulo relative to the purchase of land Purchase City Land on Riverview Street, City Lot #66. It was referred to the Committee on Community Development. Ideal Finishing Co. 705 A petition was received from Ideal Finishing Company to Purchase City-owned YPetition to buy land property adjacent to 55-61 Boston Street. Councillor Saraceno moved that it be i referred to the Committee on Community Development. It was so voted. Petition from V.F.W 706 A petition was received from the V.F.W. to hold a Jail Day on Saturday, Jail Day September 10, 1977. Councillor Cawley moved that the permit be granted. It was so voted. 707 An invitation was received from the V.F.W. to participate in the Annual Invitation from V.F.W. to Council RE: Jail Saturday, September 10, 1977. Councillor Cawley moved that the Day Jail Day on invitation be accepted. It was so voted. 708 on was received from the CB Witches to attend a "Coffee Break" Invitation from CB An invitati Witches-Coffee Break at the Liberty Tree Mall on September 5, 1977 from 9 A.M. TO 6 P.M. Councillor j Saraceno moved that the invitation be accepted. It was so voted. Pole Location 709 A hearing was ordered for September 8, 1977 at 8:00 P.M. on the application Rockdale Avenue of Massachuetts Electric Company for the installation of 1 pole on Rockdale ave. 710 Petition Thomas Burke A petition was received from Thomas Burke requesting a hearing relative to the Request Hearing Personnel Boards decision in regard to the June 17, 1975 meeting. Councillor Saraceno moved that the matter be referred to the Committee on Personnel and Salaries i to grant a hearing. It was so voted. 711 ceived from the Salem Police Department endorsing the Petition Salem Police A petition was re endorsing Officers appointment of William Wholley, Francis Riley, Lawrence Sullivan, and Kevin White to become full time partrolman. Cocncillor McCabe moved that the matter be referred to the Committee on Personnel and Salaries, and they are to hold a meeting with the city Solicitor and City Marshal. e' 712-715 Taxi Operators The following taxi applications were referred to the Committee on Licenses 25 1 August 18, 1977 and Permits. Francis J. Noonan, 9 Courtney Drive, Beverly Philias J. Verrette, 93 Mason Street, Salem William A. Kelley, 10 Loring Avenue, Salem John James Jr. , 3 Nursery Street, Salem 716 The Sea Worm application of Edward E. Grimes, 22 Fowler Street, Salem, was Edward E. Grimes Sea Worms granted on the motion of Councillor Martineau. 717 The application of the Disabled American Veterans Chapter 84, 19 Salem Street, TAG DAY Disabled Amer. Veterans to hold a TAG DAY on August 25 and 26, 1977, was granted on the motion of Councillor Saraceno. 718 The application of Robert P. Condon, 10 Bond Street, Gloucester, for a Drain- Drainlayer Robert Condon Lawyer's License, was granted on the motion of Councillor Nowak. 719 The application of Earl M. Nelson, 9 Sylvan Street, Salem, for an Auctioneer's Auctioneer License { Earl M. Nelson License, was granted on the motion of Councillor Nowak. 720 The Constable Bond of Richard S. Winer was referred to the Committee on Rules Constable's Bond and Bonds and Returned approved. 721-729 The following Claims were referred to the Committee on Ordinances and Legal Claims Affairs. Mary F. Yates, 53 Osgood Street, Salem Lawrence R. Kriesen, 2 Lynn Street, Peabody Emile Simard, 32 Barstow Street, Salem Thomas Falles, 2 Prince Street Place, Salem Gertrude Little, 40 Osborne Street, Salem Irene O'Hara, 50 Forest Street, Peabody James F. Coughlin, 38 Mason Street, Salem Gretchen Jenkins, 8 Bradford Court,, Marblehead Seth Henault, 41 Emerson Street Ext. , Peabody 730 A communication was received from Mary Elizabeth and Marjorie U. Copeland Comm. RE: Washington Sq. Hist. District relative to their support of the proposed Washington Square Historic District. Councillor Saraceno moved that it be referred to the Committee on Community Develop- ment. It was so voted. 731. A communication was received after the Tuesday deadline from J.A. Michaud Inflammables 61-63 Jefferson Ave. Enterprises, Inc. to keep and store 12, 000 additional gallons of inflammables at 61-63 Jefferson Avenue, making a total of 30,000 gallons at this location. 5 Councillor Saraceno moved suspension of the rules. There was no objection. The matter was taken up. A hearing has been ordered for September 8, 1977. (598) The Mayor's Appointment of Mr. Raymond A Burnham as a member of the Licensing Appt. Raymond A. Burnham Licensing Board for a term of six years expiring June, 1983, was then taken up. The appointment Board was confirmed by a roll call vote of 9 yeas, 1 nay, and 1 abs. Councillors Atkins, Bouley, Cawley, Grace, McCabe, Martineau, Nowak, Rochna, and Saraceno were recorded as voting in the affirmative. Councillor Swiniuch was recorded as voting in the FrN� August 18, 1977 negative. Councillor Plante was absent. Councillor McCabe moved that a letter of i thanks be forwarded to Mr. John Moustakis for his years of service on the Licensing Board. (608) VETO - Essex Institute The matter:of the Mayor's VETO relative to an Ordinance amending Chapter 2, Peabody Museum Administration, deleting Constables: Essex Institute and Peabody Museum, was then taken up. The VETO was sustained by a roll call vote of 5 yeas, 5 nays, and 1 abs. Councillors Bouley, Cawley, Nowak, Saraceno, and Swiniuch were recorded as voting .in the affirmative. Councillors Atkins, Grace, Martineau, McCabe, and Rochna were recorded as voting in the negative. Councillor Plante was absent. (607 Second Passage Time and The matter of Second Passage of an Ordinance Amending Chapter 2, Section 2.15 Payment of Bills & Acct . "Time of Payment of Bills & Accounts"- was then taken up. It was adopted for second and final passage by a unanimous roll call vote of 10 yeas, and 1 abs. Councillor Plante was absent. (615 Second Passage. One The Matter of Second Passage of an Ordinance relative to Traffic - One Way Streets Way Sts. Dustin & Lowel Dustin Street and Lowell Street was then taken up. Councillor Nowak moved that the matter be laid on table. It was so voted. Jurors t Salem Councillor Bouley was appointed to draw four Jurors for the Salem Superior Court, September 12, 1977 Sitting at Salem. 1. Bertha Berman, 7 Heritage Drive, Assistant Buyer 2. Robert B. Busteed, 6 Chestnut Street, Retired 3. Richard F. St. Pierre, 26 Belleau Road, Heavy Equip. Operator 4. James J. Muse, Jr. 29 Barr Street, Distributions Systems Manager Jurors t Lawrence Councillor Martineau was appointed to draw three Jurors for the Salem Superior Court, September 12, 1977 sitting-at Lawrence. 1. Paul J. Barrett, 3 English Street, Operations Manager 2. Raymond D. Tetrault, Jr. 48 Gallows Hill Road, Treasurer 3. Eleanor K. Remon, 30 Pierce Road, At Home. On the motion of Councillor McCabe, the meeting adjourned at 11: 15 P.M. JOSEPHINE R. FUSCO CITY CLERK ATTEST: September 6, 1977 PUBLIC HEARING J A PUBLIC HEARING was held in the Council Chamber on Tuesday, September 6, 1977 at 7:30 P.M. by the Council Committee on Community Development for the purpose of discussing the proposed Washington Square Historic District. Councillor Saraceno, Chairman of the Committee presided. Present were Councillors Swiniuch, Atkins, Cawley, Saraceno, Grace, Martineau, Plante, Rochna, and Nowak. Appearing in favor were Raymond Chalifour and John Carr of the Historic Commiss- ion, Stephen Arkin, Marjorie Copeland, John Wright, Mary Maloon, Lucretia Burns, Mary Goubeau, Thelma Wiley, Judith Deering, Lester Strock, Ralph Deering, Vincent Goubeau. Atty. William Lundregan, representing Thomas and Dorothy O'Donnell appeared in favor but stated that the O'Donnell's wish the funeral home at 46 Washington Square to be excluded and their residential property at 80 Washington Square to be included. Councillor Swiniuch stated he had heard from Mr. Bramble of the Hawthorne Inn in favor-and C. Mulvahil and V. Mazzarini and Mr. Towles of the Essex Institute all in favor. Councillor Atkins, Nowak, Plante were recorded favor. Councillor Rochna stated ' that she was in favor, but did not feel anyone should be forced to be in the district i and the funeral home should be excluded. No one appeared in opposition. On the motion of Councillor Plante the hearing adjourned at 8:40 P.M. Councillor Plante then moved that the Committee on Community Affairs report the proposed Historic District out favorably by the adoption of the Ordinance at the next Council meeting, and it be amended by excluding 46 Washington Square. (funeral home) and including 80 Washington Square (residence owned by the O'Donnells.) amendmen voted. On the motion of Councillor Cawley the committee to report the ordinance out as amended. Voted Committee adjourned at 8:45 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK .FNS I September 8, 1977 i A REGULAR MEETING of the City Council was held in the Council Chambers on Thurs- day, September 8, 1977 at 8:00 P.M. for the purpose of transacting any and all busi- ness. Notice of the meeting was posted on September 2, 1977 at 9:15 A.M. President Swiniuch presided There was no one absent. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. (634) Inflammables 289 Derby SF. Councillor Nowak requested and received unanimous consent to take from the table the matter of inflammable increase of North Shore Petroleum from 11,000 gallons to 15,000 gallons. Appearing in favor were Mr. Barry Kossover of North Shore Petroleum, and Councillor Nowak. There was no one opposed. The hearing was closed. Councillor Nowak moved that the increase be granted. It was so voted. (731) nflammables 61-63 A Hearing was held on the application of J. A. Michaud Enterprises to keep and of€erson Ave. store 12,000 additional gallons of inflammables at 61-63 Jefferson Avenue, making a total of 30,000 gallons at this location. Appearing in -favor were Mr. J. Alexander Michaud, President of J.A. Michaud Enterprises, and Councillor Saraceno. There was no one opposed. The hearing was closed. Councillor Saraceno moved that the permit be granted. It was so voted. Councillor Grace was recorded as voting Present. 732- Pole Location Rockdale A Hearing was held on the Order of the Massachusetts Electric Company for a Avenue permit to locate a pole on Rockdale Avenue. '.Appearing in favor was Mr. Allan Morneau of the Massachusetts Electric Company, and Councillors Cawley and Grace. There was no one opposed. The hearing was closed. Councillor Grace moved that the Order be adopted. It was so voted. 733 Appt. Suzanne Levesque The Mayor's appointment of Ms. Suzanne Levesque of 163 Lafayette Street, as a Cultural Arts Comm. member of the Cultural Arts Commission for a term expiring February 1, 1978, replacing Mr. Robert Murray who has resigned, was confirmed, under suspension of the rules, by a unanimous roll call vote. A letter of commendation will be sent to Mr. Robert Murra for the fine services given to both the Cultural Arts Commission, and the Bicentennial Commission. 734 Appr. Fire-Payroll The following Order, recommended by the Mayor was referred to the Committee on . Finance. ORDERED: That the sum of One Hundred Ninety Thousand Twenty-Nine Dollars and Five Cents ($190,029.05) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Fire-Payroll" Account in accordance with the recommendation of His Honor the Mayor. zz� September 8, 1977 735 The following Order; recommended by the Mayor, was referred to the Committee on Appr. Highway-Chapter Finance. 90 Account ORDERED: That the sum of One Hundred Fourteen Thousand Two Hundred Eighty-Four i Dollars ($114,284.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Highway-Chapter 90" Account in accordance with the recommendation of r His Honor the Mayor. 736 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Park Department Finance. ORDERED: That the sum of Nine Thousand Five Hundred Seventy-Four Dollars ($9,574.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the following accounts: 1. The sum of Six Thousand Three Hundred Twenty-Four Dollars ($6,324.00) to the "Park Department-Laborers" Account. 2. That the sum of Three Thousand Two Hundred Fifty Dollars ($3,250.00) to the "Park Department-Bills" Account. In accordance with the recommendation of His Honor the Mayor. 737 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Health-Community Health Payroll Finance. v ORDERED: That the sum of Eight Thousand Dollars ($8,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Health-Community Health- Payroll" Account in accordance with the recommendation of His Honor the Mayor. 738 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Health-Division Community Services- Finance. Expense ORDERED: That the sum of Three Thousand Dollars ($3,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Health-Division of Community Services-Expense" Account in accordance with the recommendation of His Honor the Mayor. 799 The Mayor's Appointment of the following Constables for a term of one year, Constables ffective September 8, 1977, was received and filed. I` 1. William J. Joyce, 17 Jackson Street, Salem 2. Edwin A. Lubas, 17 Victory Road, Salem 3. George H. Rutter, 267. Rantoul Street, Beverly 4. Edgar J. St. Pierre, 260 Washington Street, Salem 740 Councillor Grace introduced the following Ordinance which was adopted for first First Passage Boston & Pope St assage. 230 September 8, 1977 In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited on Certain Streets). Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51 of the Revised Ordinances of the City of Salem Mass. 1952 is hereby further amended by adding the following street in alphabetical order. "Boston Street, from Proctor Street to Pope Street, Southerly side." Section 2. This Ordinance shall take effect as provided by the City Charter. 741 IP First Passage Tow Zone Councillor Saraceno introduced the following Ordinance which was adopted for First Passage. In the year one thousand nine hundred and Seventy-Seven An Ordinance creating a Fire Lane and Tow Zone Be it ordained by the City Council of the City of Salem, as follows: Section 1. A firelane Article 5-A Section 71 through 77. Southerly Side of First Street from Highland Avenue approximately 2,060 feet easterly. "No Parking Tow Zone" Section 2. This Ordinance shall take effect as proveded in the City Charter. Ballot Question 742 Councillor McCabe introduced the following Order. Councillor Cawley amended that November 8, 1977 Electi n the City Clerk advertise in a newspaper of general circulation for two consecutive weeks prior to the election an ad explaining the referendum question and said ad to be drawn up by the City Council Committee on Ordinances and Legal Affairs. The amendment was defeated. The Order was adopted as introduced. ORDERED: That the provisions of Sections 55,: 56, and 57 of Chapter 54 of the General Laws be suspended and made inapplicable as to the questions appearing on the November 8, 1977 ballot relative to the reowganization of the Department of Public I Works, and the creation of the position of Director of Public Services, and the Ordinance creating a salary of $5,000.00 per year for the Director of Public Services. 743 Street Dept. Clear Weeds Councillor Saraceno introduced the following Order which was adopted. and Brush from Streets ORDERED: That the Street Department and the Shade Tree Department clear all weeds and brush and low hanging branches from all residential streets which do not have sidewalks. JII' 744 Prohibiting Heavy Councillor Saraceno introduced the following Order. Councillor McCabe amended vehicles on Broad St. for a 60 day trial period. Councillor Grace moved that the order be laid on the table until the next regular meeting. It was so votgd. i ORDERED: That the Committee on Traffic rules and Ordinances consider the advis- ability of prohibiting Heavy Truck Traffic on Broad Street, Broad Street Extension, Dalton Parkway, and that the entrances to the above named roadways be properly posted to the above affect. 231 September 8, 1977 Councillor McCabe assumed the Chair. 745 Councillor Swiniuch introduced the following Ordinance. On the motion of Ordinance Human Rights Commission Councillor Martineau, it was voted to lay the matter on the table until the next regular meeting. Councillors Atkins, Bouley, and Swiniuch were opposed. In the year one thousand nine hundred and Seventy-Seven. An Ordinance to amend an Ordinance relative to Administration, Human Rights Commission. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Article 25, Section 2-592 of the City of Salem Code of Ordinance , revised 1952, HUMAN RIGHTS COMMISSION. Composition; Appointment, Compensation, Terms, Removal of Member, is hereby amended by deleting the entire first sentence and insert- ing in its place the following sentences: "The Human Rights Commission shall consist of eleven (11) members, one of whom shall be a bilinguist. The members shall serve without compensation all of whom shall be residents of the City of Salem and shall be appointed by the Mayor, subject to the confirmation of the City Council." Section 2. This Ordinance shall take effect as provided by City Charter. 746 Councillor Swiniuch introduced the following Order which was adopted. Jean M. Missud Bandstand - Common ORDERED: That the Cultural Arts Commission be requested to install an appro- priate and suitable plagt;e on the bandstand at the Salem Common so as to identify the bandstand as the "Jean M. Missud Bandstand" as authorized in 1976 by the Salem City Council. 747 Councillor Swiniuch introduced the following Order which was adopted. Tow Zone - Washington & Church Street ORDERED: That the following Traffic regulation be adopted for a 90 day trial period; "Easterly side of Washington Street from the intersection of Church Street extending in a Northerly Direction for a distance of one hundred ten feet (110), 15 minute parking, Monday through Saturday, 8:00 A: to 5:00 PM, TOW ZONE." Councillor Swiniuch resumed the Chair. 748 Councillor McCabe introduced the following Order which was adopted. Election Order ORDERED: That meetings of the qualified voters of the City of Salem be held in the several voting precincts of the City, at the polling places designated hereinafte on Tuesday, October 4, 1977 for the nominating of candidates for the offices of Mayor; Councillor-at-Large; and Councillors in Wards Three and Seven; and be it further Ordered: That the following places be and hereby are designated as polling places for said meetings: 232 September 8, 1977 WARD 1 Precinct 1 Bently School, Memorial Drive Precinct 2 Caroline Emmerton Hall - 114 Derby Street Precinct 3 Recreation Room - 27 Charter Street WARD 2 Precinct 1 Carlton School - 10 Skerry Street Precinct 2 Phillips School - 86 Washington Square Precinct 3 St. John the Baptist School Auditorium - 24 St. Peter Street WARD 3 Precinct 1 Rear Administration Building - 1 Broad Street Precinct 2 Rear Administration Building - 1 Broad Street Precinct 3 St. Anne's School - 9 Cleveland Street WARD 4 Precinct 1 AMVETS HALL - 13 Beckford Street Precinct 2 Colonial Village Community Center - Heritage Drive Precinct 3 Endicott School - 112 Boston Street WARD 5 Precinct 1 St. Joseph Church Basement - 135 Lafayette Street Precinct 2 St. Joseph Church Basement - 135 Lafayette Street Precinct 3 Saltonstall School - 211 Lafayette Street Precinct 4 Saltonstall School - 211 Lafayette Street WARD 6 Precinct 1 Fire Station - Engine #2 - 142 North Street Precinct 2 Cogswell School - 5 School Street Precinct 3 Cogswell School - 5 School Street WARD 7 Precinct 1 South Branch Library - 47 Ocean Avenue Precinct 2 Horace Mann Training School - 19 Loring Avenue Precinct 3 Fire Station - Engine #5 - 64 Loring Avenue Precinct 4 Salem State College - South Campus - Harrison Road ORDERED: That the polls at said meeting be opened at 8.00 A.M. and closed at 8:00 P.M. and that the City Clerk be instructed to publish the notice as required by law. Councillor Saraceno moved for a 5 minute recess. It was so voted. The Council reconvened at 9:25 P.M. 749 Licenses Granted Councillor Martineau offered the following report for the Committee on Licenses and Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following licenses be granted. MM 233 'i September 8, 1977 NEW LICENSES TAXI OPERATOR John James Jr. 3 Nursery Street, Salem William A: Kelley, 10 Loring Avenue, Salem Francis J. Noonan, 9 Courtney Drive, Beverly I Philias J. Verrette, Jr. , 93 Mason Street, Salem 750 3 Councillor Rochna offered the following report for the Committee on Finance. Appr. Band Concerts It was voted to accept the report and adopt the recommendation. ' The Committee on Finance to whom was referred the matter of an appropriation of }; $1.;500.00 from "Revenue Fiscal 1978" Account to "Band Concerts" Account has considered said matterand would recommend that the appropriation be adopted as recommended by the PPP Mayor at the August 18, 1977 meeting. 751 Councillor Saraceno offered the following report for the Committee on Community Creation of Historic District - Washington Development. It was voted to accept the report and adopt the recommendation. Square The Committee on Community Development to whom was referred the creation of the Washington Square Historic District has considered said matter and would recommend that the Ordinance creating the Washington Square Historic District be approved as amended. 751-4 In the year one thousand nine hundred and seventy-seven. First Passage - Wash- ington Square Hist. An Ordinance relative to the Establishment of the Washington Square Historic Dist. District. Be it ordained by the City Council of the City of Salem as follows: Whereas, the City Council of the City of Salem has determined that the Salem Historical Commission, constituted pursuant to the Historic Districts Ordinance of the City of Salem adopted by the City Council, November 24, 1971, under the provisions of the Massachusetts General Laws, Chapter 40C, has conducted an investigation and reported to the planning Board of the City of Salem and the MassachusettesHistorical Commission on the historical and architectual significance of the buildings, structures or sites to be included in the proposed Washington Square Historic District as provided in Massachusetts General Laws Chapter 40C; and Whereas, the City Council of the City of Salem has determined that the Salem Historical Commission has held a public hearing sixty days after transmitting its report on the proposed Washington Square Historic District to the Planning Board of the City of Salem and to the Massachusetts Historical Commission, pursuant to due notice, all as provided in Massachusetts General Laws Chapter 40C; and Whereas, The City Council of the City of Salem has determined that the Salem Historical Commission has submitted a final report with its reoommendations, a map of the proposed Washington Square Historic District and a draft of a proposed Ordinance to the City Council; Now, therefore, Be, it ordained by the City Council of the City of Salem as follows: ft X34 I , September 8, 1977 i Section 1 This Ordinance shall be known and may be cited as the the Washington Square Historic District Ordinance under the authority of the Historic Districts Act, Massachusetts General Laws, Chapter 40C and under the authority of the Historic Districts Ordinance of Salem. Section 11 There is hereby established under the provisions of the Historic Districts Act, Massachusetts General Laws, Chapter 40C and under the provisions of the Historic Districts Ordinance of Salem, an Historic District to be known as the Washington Square Historic District which District shall include all the land and buildings comprising the .Salem Common, the monument at Washington Square North and Winter Street, and all the land and buildings comprising the parcels facing or abutting on Washington Square N. , E. , S. , W. ,. and other streets as set forth herein with street addresses on Washington Square North beginning with and including at the Westerly extreme, 192 Washington Square N. and extending East along Washington Square North ending with and including 47-49 Washington Square N; 2 Oliver Street; Winter Street numbers 21, 23, 24, 242, and 26; Washington Square West number 2-28, the Hawthorne Inn and number 13, the Andrew-Safford House, and 120-126 Essex Street, the Crownshield-Bently House; Washington Square South, numbers 38 through 60-62 and 84-88 Essex Street, the Phillips School; Washington Square East numbers 72 through 80; and 1 Forrester Street. Specifically excluded from the Washington Square Historic District shall be No. 45 Washington Square North and No. 46 Washington Square South. The boundaries of said District are established as shown on the attached map entitled "Washington Square Historic District Map" which map is made part of this Ordinance. Section 111 The establishment of the Washington Square Historic District under Section 11 of this Ordinance shall not become effective until the first day of the third month after the effective date of this Ordinance. Section IV All powers and duties set forth in the Historic Districts Ordinance adopted by the City Council on November 24, 1971, shall be incorporated in this Washington Square Historic District Ordinance, with the exception that the authority 4 of the Commission shall be limited to exteriorarchitectura.1 features within the Washington Square Historic District which are subject to view from all streets named and included within the boundaries of the District. Section V This Ordinance shall take effect as provided in the City Charter. Appr. $50,000.00 752 Councillor Rochna offered the following report for the Committee on Finance. Water Break Payroll & Expense It was voted to accept the report and adopt>the recommendation. The Committee on Finance to whom was referred the matter of $50,000.00, an appropriation from the "Surplus Revenue" Account to the "Water Break Payroll and Expense" Account has considered said matter and would recommend that the appropriation be adopted as recommended by the Mayor at the August 18, 1977 meeting. .-3 �w 235 September 8, 1977 (694) Councillor Atkins requested and received unanimous consent to take from the Recreational Fee table the matter of the fee system for the Recreation Department activities. It was System so voted. The Committee on Municipal Services to whom was referred a fee system for recreational department programs has considered said matter and would recommend that a fee system for recreational department programs not be established. It was voted to accept the report and adopt the recommendation by a roll call vote of 7 yeas, and 4'nays. Councillors Atkins, Grace, Martineau, McCabe, Rochna, Saracen, and Swiniuch were recorded as voting in the affirmative. Councillors Bouley, Cawley, Nowak, and Plante were recorded as voting in the negative. 753 A communication was received from Mr. Colin E. Cameron, Health Agent, relative North River Odor to the North River Odor. Councillor Nowak moved that the report be received and filed. Councillor Bouley amended to refer the matter to the Committee on Natural Resources. It was voted as amended. 754 The attendance records for certain boards and commissions was received and Attendance Records filed. 755 A Hearing was ordered for September 22, 1977 at 8:00 P.M. on the application City of Salem Inflammables of the City of Salem to keep, and store 10,000 gallons of class A Gasoline, 2,000 5 Jefferson Avenue gallons of Class B Diesel Fuel Oil, 1,500 Gallons Class C Motor Oil, and 1,000 gallons of Class B. Hydraulic Fluids and Motor Oils at 5 Jefferson Avenue, Public Works Department Garage. 756 A Hearing was ordered for September 22, 1977 at 8:00 P.M. on the application Pole Location Hawthorne Square of MassachtB etts Electric Company for a pole location on Highland Avenue near Hawthorne Square Shopping Center. 757 A petition was received from Vaiquirio C. and Carol A. Machado to purchase Valquirio & Carol Machado RE: purchase City Owned land at 23 Balcomb Street. On the motion of Councillor McCabe, the matter land a was referred to the Committee on Community Development. 1 758 A communication was received from J. Gaffney relative to cleaning up beach on Clean up Beaches Beach Avenue. Councillor Nowak moved that it be received and filed with a copy to be sent to the Superintendent of Streets. It was so voted. 759 An Application of the American Legion #153 to hold a TAG DAY September 9, 1977, Tag Day American was received. Councillor Grace moved that the permit be granted. Councillor Legion #153 Martineau moved that the application be referred to the Committee on Licenses & Permits. It was denied. Councillor Plante amended that the permit be granted provided it is a Salem Post. Councillor Plante requested and received unanimous consent to withdraw I ''September- 8, 1977 i his motion. The permit was defeated by a roll call vote of 2 yeas, and 9 nays. i Councillors Bouley and Grace were recorded as voting in the Affirmative. Councillors Atkins, Cawley, Martineau, McCabe, Nowak, Plante, Rochna, Saraceno, and Swiniuch were recorded as voting in the negative. 760 Drainlayer Renewal An application for the renewal of a Drainlayer's license was received from Dan C. Marino Dan C. Marino, 111 Birch Street, Lynn. Councillor Martineau moved that the permit be i granted. It was so voted. 761 Renewal Taxi Operator The Taxi Operator renewal application for Rosalind A. Landers, 123 Pine Street, Danvers, was referred to the Committee on Licenses & Permits. 762-764_ Claims The following Claims were referred to the Committee on Ordinances & Legal affairs. Mr. Giriaco Marenghi, Malden, Mass. Frances Muscillo, 539 Loring Avenue, Salem Kevin K. Reid, 55 Warren Street, Salem (622) Second Passage The matter of second and final passage of an Ordinance relating to classifi- Traffic Maintenance Man Sign Painter cation and Salary Schedules of certain employees, Traffic Maintenance Man-Sign Painter was then taken up. Councillor Saraceno amended by inserting in Sob Group VIII in the classification "Working Foreman Police Traffic after the word Foreman Sign Painter." The Ordinance was adopted for second and final passage as amended by a unanimous roll call vote. (655) Second Passage The matter of second and final passage of an Ordinance, to amend an Ordinance Heavy Vehicles Geneva Street on Traffic - Chapter 15, Section 45A Heavy Vehicles - Parking Geneva Street was then taken up. On the motion of Councillor Martineau, it was adopted for second and final passage. (677) Second Passage The matter of second and final passage of an Ordinance to amend Chapter 15, Parking Prohibited Flint Street Section 51 - Parking Prohibited Flint Street, was then taken up. Councillor Grace moved that it be adopted for second and final passage. It was so voted. (678) Second Passage The matter of second and final passage of an Ordinance establishing Parking Parking Salem High School regulations on the Grounds of Salem High School was then taken up. On the motion of Councillor Saraceno, the Ordinance was adopted for second and final passage. (680) Second Passage The matter of second and final passage of an Ordinance to amend an Ordinance Ordinance Parking Prohibited - Boston St relative to Traffic - Chapter 15 Section 51 parking prohibited on Certain Streets, was then taken up. Councillor Grace amended the Ordinance by deleting Pope Street and inserting in place thereof "Proctor St". The Ordinance was adopted as amerLded for second and final passage. September 8, 1977 In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited on Certain Streets). Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 15, Section 51 of the Revised Ordinances of the City of Salem, Mass, 1952 is hereby amended by deleting the following Street: "Boston Street, from Proctor Street to Highland Avenue, Southerly Side." Section 2. This Ordinance shall take effect as provided in the City Charter. (684) The matter of second and final passage of an Ordinance to amend an Ordinance Second Passage Traffic One Way Sts. relative to traffic - Chapter 15, Section 10, Hanson Street from Boston to Putnam, Hanson Street One way Streets, was then taken up. On the motion of Councillor Grace, it was adopted for second and final passage. (690-A) The matter of second and final passage of an Ordinance establishing a Council Second Passage Council on Youth on Youth was then taken up. On the motion of Councillor Atkins, it was adopted for second and final passage by a unanimous roll call vote of 10 yeas, and 1 abs. Councillor Grace was recorded as absent. Councillor Grace then requested and received unanimous consent to be recorded as voting yea. It was so voted. Jurors Councillor Martineau was appointed to draw one Juror for the Salem Superior at Lawrence Court, October 3, 1977 Sitting at Lawrence. 1. Eleanor A. Brewster, 35 Columbus Avenue, Housewife. Jurors Councillor Rochna was appointed to draw four Jurors for the Salem Superior at Salem Court, October 3, 1977 Sitting at Salem. 1. Theresa M. Sorenson, 20 Gardener Street, Factory Worker 2. John J. Walsh, 5 South Pine Street, Insurance Manager 3. Helen Pi Slager, 17 Japonica Street, Principal Bookkeeper 4. Anne Danjou, 15 Webb Street, Lamp Worker On the motion of Councillor Plante, the meeting adjourned at 10:25 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK September 12, 1977 SPECIAL MEETING A SPECIAL MEETING of the City Council was held on Monday, September 12, 1977 at 7:45 P.M. in the Council Chamber for the purpose of acting on the appropriation of $8,000.00 from "Surplus Revenue" to "Health-Community Health Payroll", which was referred to the Committee on Finance on September 8, 1977. Notice of the meeting was posted on September 9, 197.7 at 4:00 P.M. Absent were Councillors McCabe, Atkins, Nowak, and Bouley President Swiniuch presided. On the motion of Councillor Martineau it was voted to dispense with the reading of the record of the previous meeting. $8,000.00 Appr. 765 Councillor Rochna offered the following report for the Committee on Finance. Health-Comm. Health Payroll It was voted to accept the report by a roll call vote of 5 yeas, 2 nays, and 4 absent. Councillors Martineau, Plante, Rochna, Saraceno, and Swiniuch were recorded as voting *n�the affirmative. Councillors Cawley and Grace were recorded as voting in the negative. Councillors Atkins, Bouley, McCabe, and Nowak were recorded as absent. It was voted to adopt the recommendation by a roll call vote of 5 yeas, 2 nays, and 4 absent. Councillors Martineau, Plante, Rochna, Saraceno, and Swiniuch were recorded as voting in the affirmative. Councillors Cawley -and Grace were recorded as voting in the negative. Councillors Atkins, Bouley, McCabe, and Nowak were recorded as absent. The Committee on Fira nce to whom was referred the matter of an appropriation of $8,000.00 from "Surplus Revenue" to the "Health-Community Health Payroll" Account has considered said matter and would recommend that the appropriation be adopted as recommended by the Mayor at the September 8, 1977 meeting. The adoption of the Order was adopted by a roll call vote of 5 yeas, 2 nays, and 4 abs. Councillors Martineau, Plante, Rochna, Saraceno, and Swiniuch were record- ed as voting in the affirmative. Councillors Cawley and Grace were recorded as voting in the negative. Councillors Atkins, Bouley, McCabe, and Nowak were recorded as absent. councillor Plante's motion for immediate reconsideration hoping it would not prevail was denied. On the motion of Councillor Martineau, the meeting adjourned at 8:45 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK I September 22, 1977 A regular meeting of the City Council was held in the Council Chamber on Thurs- day, September 22, 1977 at 8:00. P.M, for the purpose of transacting any and all business. 'Notice of the meeting was posted on September 15, 1977 at 10:27 A.M. There was no one absent. President Swiniuch presided. On the motion of Councillor McCabe, it was voted to dispense with the reading of the record of the previous meeting. (755) A hearing was to be held on the application of the City of Salem to keep, and Inflammables 5 Jefferson Ave. store 10,000 gallons of Class A. Gasoline at 5 Jefferson Avenue, Public Works Department Garage. Council President Swiniuch stated that the hearing was C due to the abutters not being notified by the City of Salem. The hearing was rescheduled for October 13, 1977. 766 A hearing was held on the Order of the Massachusetts Electric Company for a pole Pole Location Highland Avenue location on Highland Avenue near Hawthorne Square Shopping Center. Appearing in favor was Councillor Saraceno. There was no one opposed. The hearing was closed. On the motion of Councillor Saraceno the permit was granted. 767 The Mayor's appointment of Rev. Carlton W. Talbot, II, and Mrs. Marguerite M. Appt. Rev. Carlton Talbot, II, and Martin to the Council on Aging for a 3 year tern expiring October 1, 1980, was confir- Marguerite Martin Council on Aging med under suspension of the rules by a unanimous roll call vote. 768 The following Order, recommended by the Mayor, was referred to the Committee Appr. Assessors Payroll on Finance. ORDERED: That the sum of Five Thousand Two Hundred Dollars ($5,200.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Assessors- Payroll" Account in accordance with the recommendation of His Honor the Mayor. 769 The following Order, recommended by the Mayor, was adopted under suspension of Appr. North Shore Elder Services, Inc. the rules. ORDERED: That the sum of Five Hundred Ninety-Five Dollars and Eighty-One Cents ($595.81) be and the same is hereby appropriated from the "Meals for Aged-Title VII" Account in order to pay "North Shore Elder Service Inc." in accordance with the + recommendation of his Honor the Mayor. 770-772 A communication was received from the Mayor submitting an Ordinance xo change the Ordinance Police Department Compo- composition of the Police Department. sition Councillor McCabe moved to divide the question as follows. It was so voted. 1. Chapter 21, Article 1, Section 21-2 of the Salem Code of Ordinances is hereby mended by deleting the word "Seven" (7) as it appears in subsection three (3) of said rdinance before the word "Lieutenants" and substituting thereof the word "six" (6). September 22, 1977 2. Said Ordinance is hereby amended by deleting the word "three" (3) as it appears after subsection two (2) of said Section 21-2 and inserting the word "four" (4) • Councillor Cawley moved that the matter of the deletion of "one" (1) Lieutenant be referred to the Committee on Municipal Services. It was so voted. The matter of increasing the number of Captains from three (3) to four (4) was adopted by a unanimous roll call vote. 773 Ordinance Classification An Ordinance was received from the Mayor to amend an Ordinance relative to the Physician - Dentist Classification of Certain Employees of the City of Salem. In the year one thousand nine hundred and seventy-seven. An Ordinance to amend two Ordinances relating to classification and salary schedules of certain employees of the City of Salem, One Ordinance effective July 1, 1977, and one Ordinance effective January 1, 1978. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section One of said Ordinances are hereby amended by deleting the following: "Full Year Part Time Positions" Physician - Health per year $1,757.66 ,g Dentist - Health per year $1,757.66 and adding in its place thereof the following: k "Full Year Part Time Positions" s Physician - Health per week $110.30 Dentist - Health per week $110.30 Section Two This Ordinance shall take effect as provided by the City Charter. v Councillor Saracen moved that the matter be referred to the Committee on Public Health. It was so voted. Councillor Rochna was recorded as opposed. t 774 Mayor' s Support of A communication was received from the Mayor supporting the design of the Design of Highland Avenue Pedestrian Highland Avenue Pedestrian Overpass, and respectfully requesting the Council to also Overpass express its support in order to see the sucessful completion of this project. Councillor Cawley moved that the Council go on record as supporting the design of the Highland Avenue Pedestrian Overpass. It was so voted by a unanimous roll call vote. 775 Solicitor report to Councillor Nowak introduced the following Order which was adopted. Council RE: Hydro- Dredge Contract ORDERED: That the City Solicitor report in writing to this Council the reason on why the contract was broken by Hydro-Dredge Corporation in regards to Winter Island. Councillor Atkins amended that the request be forwarded to the City Engineer for His response. It was so voted as amended. 941 September 22, 1977 a 776 Councillor McCabe introduced the following Order which was adopted. "No Parking" Northend Avenue ORDERED: That "No Parking" Signs be temporarily placed in front of 18 Northend Avenue for a 60 day trial period as requested by the property owners. 777 Councillor Atkins introduced the following Ordinance, as amended, which was adopt First Passage o ed for first passage. Council on Youth as amended. In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance establishing a Council on Youth Be it ordained by the City Council of the City of Salem, as follows: i Section 1. Chapter 2 of the City of Salem Code of Ordinances is hereby amended by deleting the following title: ARTICLE XXIV - Councii on Youth and inserting in place thereof: ARTICLE XXVII - Council on Youth and be it further amended by deleting the folloing Section Numbers: Section 2 - 600 Established I Section 2 - 601 Membership; Qualification of Members Section 2 - 602 Appointment Section 2 - 603 Compensation Section 2 - 604 Organization; Chairperson Section 2 - 605 Duties Section 2 - 606 Annual and Other Reports and inserting in place thereof: Section 2 - 604 Established Section 2 - 605 Membership; Qualification of Members Section 2 - 606 Appointment Section 2 - 607 Compensation Section 2 - 608 Organization; Chairperson Section 2 - 609 Duties Section 2 - 610 Annual and other Reports Section 2. This Ordinance shall take effect in accordance with the City Charter. 778 Councillor Saraceno introduced the following Order which was adopted. Cut Back Weeds on Certain Streets ORDERED: That the Street Department and the Shade Tree Department cut back all weeds and shrubs overhanging roadways and sidewalks on the following streets. Horton Street, Old Road, Wilson Road, Barnes Road, Barnes Avenue, Clark Street, Jefferson Avenue, Leval Road, and Greenway Road. The meeting recessed at 9:55 P.M. and reconvened at 10:00 P.M. 779 Councillor Martineau offered the following report for the Committee on Licenses Self Service Gas Stations and Permits. It was voted to accept the report and adopt the recommendation. r September 22, 1977 The Committee on Licenses & Permits to whom was referred the matter of amending Chapter 12 of the Code of Ordinances of the City of Salem has considered said matter and would recommend that Chapter 12, Section 12-73 Self-Service Gasoline Dispens ers, remain as adopted and passed in the City Council on March 14, 1974, and that the request by Merit to amend and/or remove said Ordinance be denied. 780' Appr. Highway Chapter Councillor Rochna offered the following report for the Committee on Finance. 90 Account It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred an appropriation of $114,284.00 from "Surplus Revenue" To the Ni.ghway-Chapter 90" Account has considered said matter and would recommend that the appropriation be adopted as recommended by the Mayor at the September 8, 1977 meeting. 781 Appr. Health Div. Comm. Councillor Rochna offered a Committee on Finance report. Council President Affairs Swiniuch ruled that the matter bd "Out of Order". Councillor Atkins challenged the ruling of the Chair. Councillor Grace seconded the motion. The ruling of the Chair was upheld by a roll call vote of 7 yeas, and 4 nays. Councillors Cawley, Martineau, Nowak, Plante, Rochna, Saraceno, and Swiniuch were recorded as voting in the affirmativ , Councillors Atkins, Bouley, Grace, and McCabe were recorded as voting in the negative. The Committee Report was Out of Order. 782 Endorsing 4 Provisional Councillor Plante offered the following report for the Committee on Personnel Policemen and Salaries. It was voted to accept the report. The Committee on Personnel & Salaries to whom was referred the matter of a petition endorsing four provisional patrolmen to be appointed as permanent. patrolmen has considered said matter and would recommend that the Council go on record as being in favor of the petition. Councillor McCabe assumed the ^hair for Council President Swiniuch. Councillo i F Swiniuch's motion that the matter of the Committee Report be referred to the Committee on Municipal Services to meet with the Council President, Marshal, and officials of the Police union to discuss the reserve list with the hopes of resolving this matter was defeated. The matter of the adoption of the Committee Report was voted by a roll tali vote of 10 yeas, and 1 member non-voting. Council President Swiniuch was recorded IpI'1 as non-voting. Council President Swiniuch resumed the Chair. 783 Ordinance Asst. Data Councillor Plante offered the following report for the Committee on Personnel Processing Coordinator', i & Salaries. It was voted to accept the report The Committee on Personnel & Salaries to whom was referred the matter of e creating the position of Computer Systems Analyst has considered said matter and would recommend that the Council approve the recommendation of the Personnel Board and vote hed herewith. First Passage of the Proposed Ordinance attac September 22, 1977 In the year one thousand nine hundred and seventy seven Ordinance Data Proces 784 Coordinator — Asst. An Ordinance relating to the creation, classification, and salary Schedule of the pogition of Assistant Data Processing Coordinator. Be it ordained by the City Council of the City of Salem, as follows: V� Section 1. The position of Assistant Data Processing Coordinator is hereby created in the City of Salem, whose duties shall include the following: A. Assist in the planning, directing, and review of work of the Data Process- Center. I i B. Perform feasibility studies of potential computer projects. C. Responsibility/for the systems design, programming, testing and implementa- tion of computer projects. D. Coordinate Data Processing Center projects with other city departments E. Responsibility for the operation of the Data Processing Center in the Absence of the Data Processing Coordinator. Section 2. The City Treasurer shpt] appoint the Assistant Data Processing Coordinator. The Assistant Data Processing Coordinator may also serve in any other public office or position in the city notwithstanding any provision of any general or special law to the- contrary. Section 3. The annual compensation of the Assistant Data Processing Coordinator is hereby set at $14,037.67. Section 4. This ordinance shall take effect as provided by the City Charter. The recommendation of the Committee on Personnel & Salaries was adopted by a roll call vote of 10 yeas, and 1 nay. Councillor Nowak was recorded as voting in the negative. The Ordinance was adopted for first passage. 785 Councillor Martineau offered the following report for the Committee on Licenses Taxi License Rosalind Landers and Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following license be granted. RENEWAL TAXI OPERATOR Rosalind A. Landers, 123 Pine Street, Danvers 786 Councillor Rochna offered the following report for the Committee on Finance. Appr. Park Department; It was voted to accept the report and adopt the recommendation by a roll call vote of 7 areas, 4 nays, and 0 abs. Councillors Atkins, Bouley, Cawley, Grace, McCabe, Nowak, an Plante were recordee as voting in the affirmative. Councillors Martineau, Rochna, Saraceno, and Swiniuch were recorded as opposed. The Committee on Finance to whom was referred an appropriation of $9,574.00 a from PSurplus Revenue" account to the following Accounts. 11$6,324.00 to "Park partment Laborers account and $3,250.00 to "Park Department Bills" Account has 244 September 22, 1977 considered said matter and would recommend that the appropriation be referred back to the Mayor and request a transfer of funds from their own Revenue. Councillor Rochna requested and received unanimous consent to refer back to Motions, Orders, and Resolutions. 787 Munic. Serv. Comm. Councillor Rochna introduced the following Order which was adopted. Re: Provisional Municipal Services, the City Marshal, the Police ORDERED: That the Committee on officers of the Police Union, and the three former provisional Police Officers (Meany, Rehal, & Murray) and the three Salem men at the Top of the most recent Civil Service list, meet to discuss their respective status and the possibility of rein- stituting the Reserve Patrolman's List. 788 Appr. Health Admin. Councillor Rochna offered the following report for the Committee on Payroll Finance. it was voted to accept the report. The Committee on Finance to whom was referred an appropriation of $800.00 from "Surplus Revenue" Account to the "Health Administrative - Payroll" Account has considered said matter and would recommend that the appropriation be adopted as recommended by the Mayor at the August 18, 1977 meeting. Council President Swiniuch ruled the matter Out of Order. Councillor Atkins Challenged the ruling of the Chair. No one seconded the motion. The Committee Report was Out of Order. Appr. Fire Payroll 789 Councillor Rochna offered the following report for the Committee on Finance. It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred an appropriation of $190,029.05 from "Surplus Revenue" to the "Fire Payroll" Account has considered said ipatter and would recommend that the appropriation be adopted as recommended by the Mayor at the September 8, 1977 meeting. 790 ourist Commission The report of the Tourist Commission activities for the month of August eport - August was received and filed. Councillor Plante noted the improvements in activities of Tourist Commission. Counaillor Plante's motion that the Council send a letter to • the Chairman of the Tourist Commission in recognition of that fact, and express the Council's Appreciation for their time effort in doing a fine job for the City was voted. 791 F . Vandalism Report The vandalism report for certain departments was received and filed. Pole Location 792 A hearing was ordered for October 13, 1977, on the petition of the Mass- Ord Streetan for achusetts Electric Company and the New England Telephone and Telegraph company a joint pole location on Ord Street. i September 22, 1977 A Petition was received from the residents of Salem Willows relative to the 793 Petition Salem Willows Salem Willows Cove Construction. The petition was received and filed with copies to Residents be forwarded to the Street Department, City Engineer, and the Mayor. 794 The Taxi Operator License application of Richard Eichman, 12 Proctor Circle, Taxi Application i Richard Eichman Peabody, was referred to the Committee on Licenses 6 Permits.. 795 - 796 The following Claims were referred to the Committee on Ordinances E Legal Affairs. Claims Robert 0. Fraga, 101 'Martin Street, Essex, Peter Rice, Naugus Realty Trust, 240 Canal Street, Salem 797 The sign bond of Salem Carpet Center, Inc. , 89 Canal Street, Salem was referred Salem Carpet Center Sign Bond to the Committee on Bonds and returned approved. (740) The matter of second and final passage of an Ordinance relative to Traffic, Second Passage Boston - Proctor - amending Chapter 15, Section 51 , Parking Prohibited Boston Street from Proctor to Pope Streets, Traffic p Pope Southerly side was then taken up. It was adopted for second and final passage. (741) The matter of second and final passage of an Ordinance creating a Tow-Zone on Second Passage First Street Tow Zone First Street from Highland Avenue, 2,060 feet, easterly, was then taken up. It was adopted for second and final passage. (751-A) " The matter of second and final passage of an Ordinance establishing the Washing- Second Passage Washington Square ton Square Historic District was then taken up. Historic District Councillor Saraceno amended that the boundaries of the Washington Square Historic District listed under Section II extended to include all the land and buildings comp- rising the parcels facing or abutting on streets assetforth herein with street addresses 128 Essex Street, Gardner-Pingree House and barn; 132-124 Essex Street, the Essex Institute and Library, the Doll House, and the Lyle-Tapley Shoe Shop; 9 Brown Street, the John Ward House; 3-5 Brown Street; and 1 Brown Street. It was so voted. The Ordinance was adopted as amended for second and final passage by a unanimous roll call vote. e (71'5) Councillor Martineau requested and received unanimous consent to take from the Second Passage Ordinance Human Rights table the matter of The Human Rights Commission. The Ordinance was adopted for first Commission passage. 3 On the motion of Councillor McCabe the meeting adjourned at 10:55 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK !243 September 30, 1977 A Special Meeting of the City Council was held on Friday, September 30, 1977 at 6:00 P.M. in the Council Chamber for the purpose of rescinding action previously taken by the Council in regard to: 1 . An Ordinance creating the position and salary of Assistant Data Processing Coordinator. 2. An Ordinance increasing the number of Captains in the Police Department and decreasing the number of Lieutenants. 3. and for the purpose of taking action on the above under the provisions of Chapter 43, Section 22 of the General Laws, and Section 22 of the City Charter. Notice of meeting posted September 28, 1977 at 3:37 P.M. President Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the records of the previous meeting. Councillor Nowak was absent. 798. Councillor McCabe moved to rescind the action previously taken by the Council on Roll Call - rescind Action (771-772-784.) items #1 . and 2. above. Motion adopted by a roll call vote of 10 Yeas , 1 Absent. 799' Councillor McCabe then moved that the Council pass all steps of legislation on the Roll call - Passage under Chap. 43, G.L. & above items at one meeting (first and second passage) under Chapter 43 of the Mass. Charter, Section 22 General Laws, Section 22 and Section 22 of the City Charter. Motion adopted by a roll call vote of 10 Yeas 1 Absent. (783,) The report of the Committee on Personnel and Salaries recommending the establish- Committee on Personnel & Salaries - Asst. Datz ment of the position and salary of ''Assistant Data Processing Coordinator, was taken Processing Coordinator up. Report accepted. (784.) Councillor McCabe moved the Ordinance be amended by deleting the second sentence Ordinance Data Processing of Section II , which reads as follows: ''The Assistant Data Processing Coordinator may also serve in any other public office or position in the city notwithstanding any provision of any general or special law to the contrary.'' Amendment adopted by a roll call vote of 10 Yeas, 1 Absent. Ordinance as amended adopted for first and second passage under Chapter 43 of the General Laws and Section 22 of the City Charter, by a roll call vote of 10 Yeas, 1 Abs. Councillor McCabe moved for immediate reconsideration, hoping it would not prevail Reconsideration denied. (770.) The Ordinance changing the composition of the Police Department by deleting 1 Ordinance - Police Dep Delete 1 Lieut. and Lieutenant and adding 1 Captain was then taken up. Councillor Martineau moved to insert 1 Captain. divide the question. (772.) The Ordinance increasing the number of Captains in the Police Department from 3 Increase Captaions to 4. to 4 was then adopted for first and second passage under Chapter 43 of the General Laws and Section 22 of the City Charter, by a roll call vote of 10 Yeas, 1 Absent. Councillor McCabe moved for immediate reconsideration, hoping it would not prevail. Reconsideration denied. 247 September 30, 1977 The Ordinance decreasing the number of Lieutenants in the Police Department from 771 . Ordinance delete - 7 to 6, was taken up. Councillor Saraceno requested unanimous consent to have Marshal 1 Lieut. Police Dept. Connelly and Lieut. Greenbaw, and Officer Bogan speak. Councillor Martineau objected. On the motion of Councillor Grace the ordinance was referred to the Committee on Personnel and Salaries by a roll call vote of 6 Yeas, 4 Nays, 1 Absent, On the motion of Councillor Plante the meeting adjourned at 6:30 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK f Ilk 248 October 6, 1977 Joint Public Hearin The City Council and Planning Board held a Joint Public Hearing at the Town Hall , Thursday, October 6, 1977 at 7:30 P.M. on the petition of Salem Acres, Inc. for a Cluster Residential Development Special Permit and approval of a Definitive Plan entitled ''Definitive Sub-division Plan, Pickman Park, Salem, MA dated March 17, 1977. t Notice of hearing posted September 21 , 1977 at 11 :32 A.M. Present were Councillors Atkins, Cawley, Grace, Martineau, Nowak, Plante, Rochna, Saraceno and Swiniuch. Present from the Planning Board were members Burns, Sadoski , D'Amour, Brown, Lutts and clerk Sue Madison. Council President Swiniuch opened the hearing. He then turned the meeting over to Mr. Walter Power, I11 , Chairman of the Planning Board, who explained the proposed development in detail . Mr. Peter Beatrice, representing the developer spoke. He stated Salem Acres owned f 781 acres , and will donate 34.9 acres to the City for Conservation land. He stated the have agreed to the restrictions requested by the Planning Board. There will be 125 buildings, containing 304 units, some containing 2 housing units, and some 4 units. Mr. McCowell , the engineer from Carter & Towers explained the engineering of the project. Mr. Nessor, a Traffic Engineer explained the traffic problems involved. Mr. John Emerson, Architect explained the type of building proposed. Mr. John Olbrych spoke against the proposal and stated there would be many more than the 365 cars estimated by the Traffic Engineer. Appearing against the proposed Cluster Development were Joseph Tache, Bert Trembla Dr. Milton Vorgeas, Phyllis Olbrych, who read a statement against. Mr. Carl Peterson, School Committee member stated this type of project will add 75 to 100 school children to the school rolls as opposed to the numbers one family homes would bring into the city. He stated that there was no land available for the construction of a school . Mr. Brian French a member of the Conservation Commission explained the conservatio development in the area, he stated some of the conservation land could be used for school construction. Mrs. Olbrych suggested the City look into getting federal funds to buy the Land. I� Mr. Marcel LeFrancois asked if Phase III would eventually be connected to Phase II . The answer was no. Mr. Hank Duval of Surrey Rd. spoke in opposition and stated the abutters wanted the zoning returned to R-1 Zoning. Councillors Grace and Plante spoke in opposition, and Councillors Plante and Saraceno explained how the zoning change came about. On the motion of Councillor Swiniuch the hearing adjourned at 10:45 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 2S9 OCTOBER 13, 1977 A Regular Meeting of the City Council was held in the Council Chamber on Thurs- day, October 13, 1977) at 8:00 P.M. for the purpose of transacting any and all busi- ness. Notice of this meeting was posted on October 6, 1977 at 12:53 P.M. Councillor Grace introduced Michael Wrigley from Boy Scout Troup #24 who was present to observe the City Council in action. 6 There was no one absent. President Swiniuch presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. j (755) I A hearing was held on the application of the City of Salem to keep and store Inflammables City of 14,500 gallons of inflammables at 5 Jefferson Avenue, Public Works Garage. Appearing Salem in favor was Councillor Martineau. There was no one opposed. The hearing was closed. On the motion of Councillor Martineau, it was voted to grant the permit. 800 A hearing was held on the Order of New England Telephone & Telegraph and Mass- Pole Location Ord St. achusetts Electric Company for a joint pole location on Ord Street. Appearing in k favor was Mr. George Cooley of New England Tel. & Tel. There was no one opposed. u The hearing was closed. On the motion of Councillor Grace, it was voted to grant i the permit. 801 The Mayor's appointment of Steven H. Pyndynkowski, 54 Webb Street as a Constable Constable „F Steven Pyndynkowski for 1 year effective October 15, 1977 was received and placed on file. 802 Councillor Grace introduced the following Order which was adopted. Traffic Needs on Marlborough Road. ORDERED: That the City Engineer review the traffic safety needs on Marlborough Road specifically for: p 1. Providing sidewalks on both sides of the road where none now exist - for the . 4 entire length of the road, from the Salem - Peabody line to Highland Ave. - Marlborough Road intersection. 2. Extending the guard rail on the curve near 101 Marlborough Road. i; 803 Councillor Plante introduced the following Ordinance which was referred to the Ordinance Rezoning Pickman Park Committee on Ordinances & Legal Affairs. Councillor Bouley amended that a copy be sent to the Planning Board for their consideration. It was so voted as amended. In the year one thousand nine hundred and seventy-seven. An Ofdinance to amend an Ordinance relative to zoning. Be it ordained by the City Council of the City of Salem, as follows: Section 1. The Zoning Map of the City of Salem approved on August 27, 1965 and further amended and approved on September 2, 1969, August 1, 1972, December 3, 1974, September 15, 1976, November' 9, 1976 and May 20, 1977, is hereby further amended by I� October 13, 1977 i changing the following described area in Ward Seven from R-3 to R-1 and R-C. A certain parcel of land, situated in Salem, being shown on a plan entitled, Pickman Park,' Salem Acres, Inc., Salem, Mass., 1"=100' , Dated June 4, 1974, Carter & Towers Engineering Corp." to be recorded herewith, bounded and described as follows: NORTHERLY by Lot 1, Tyler Road, Lot 2 and land of Boston and Maine Corporation, I as shown on said plan, nine hundred twenty-seven (927) feet, more or less; WESTERLY by said land of Boston and Maine Corporation, two thousand three hundred nineteen and 17/100 (2,319.17) feet; SOUTHERLY by lot 4, as shown on said plan, on three (3) courses, one hundred twenty-five and 96/100 (125.96) feet; three hundred and ninety-one and 16/100 (391.16) feet, and six hundred sixteen and 62/100 feet, respectively; - EASTERLY by said lot 4, six hundred ten (610) feet, more or less; NORTHEASTERLY by land of Valaskatgis and Surrey Road, one hundred ninetythree and 73/100 (.193.73)feet; NORTHWESTERLY by land of O'Keefe, twenty (20) feet, more or less; NORTHEASTERLY by said land of O'Keefe, one hundred twenty (120)feet; SOUTHEASTERLY by land of O'Keefe, Duda, and Salem Acres, Inc., one hundred ninety- three and 36/100 (193.36) feet; EASTERLY by land of Fitzpatrick and DeGrandpre, three hundred seven and 75/100 (307.75) feet; NORTHERLY By land of Segal, Demers, Riley and Romano, two hundred twenty-three f and 3/100 (223.03) feet; EASTERLY by land of Romano, Moffatt Road and Cormier, three hundred forty (340) feet; SOUTHEASTERLY by land of Cormier, Georges and Salem Acres, Inc., four hundred sixty-six and 23/100 (466.23) feet; SOUTHWESTERLY by land of Salem Acres, Inc., two hundred fifty-seven and 93/100 (257.93) feet; EASTERLY by land of Walsh, Lobie, Marion Road, Theriault, Masse, Salem Acres, Inc. Jacques and Healey, seven hundred five (705) feet, more or .leas; EASTERLY again, by Sumner Road, forty (40) feet. Said parcel containing 45 acres and being shown as Lot 3 on hereinbefore mentioned plan. j i SECTION 2. This Ordinance shall take effect as provided by the City Charter i 804 Use of North Branch Councillor McCabe introduced the following Order which was adopted. Library by City ORDERID: That the Planning Department immediately contact the Director of the Public Library, Mr. Cloherty, and the Trustees to arrange a survey and study of the !forth Branch Library Building to determine its suitability and adaptability for use October 13, 1977 by the City. 805 Councillor McCabe introduced the,following Order which was adopted. Salem Library Trustees ORDERED: Requested that the trustees of the Public Library refrain frrefrain from selling om Library disposing of the North Branch Library Building until a survey is completed by the Planning Department for the possible acquisition of the building by the city. 3 806 Councillor Plante introduced the following Order which was adopted. Planning Board delay decision RE: Pickman ORDERED: That the Planning Board be requested to delay making any decision Park pertaining to the proposed development of a parcel of land entitled Pickman Park until the Salem City Council can deliberate on the question of rezoning this land. Councillor McCabe's motion for immediate reconsideration hoping it would not prevail was denied. 807 Councillor Grace introduced the following Order which was adopted. Engineer contact D.P.W. RE: sidewalks ORDERED: That the City Engineer contact the Massachusetts Department of Public on Highland Avenue Works for the pdrpose of providing sidewalks on Highland Avenue from Mooney Road to Marlborough Road, and from Marlborough Road to Rich's Department Store. 808 Councillor Bouley introduced the following Order which was adopted. restoring Raymond Ave. 2 - Way Traffic ORDERED: That the Salem Police Traffic Division study the feasibility of restoring Raymond Avenue to a two-way street and submit a written report to the City Council by October 27, 1977. 809 Councillor Saracen, introduced the following Order which was adopted. Solicitor prepare Ordinance RE: revoly- r; ORDERED: That the City Solicitor prepare an Ordinance, requesting the State ing Water & Sewer Acc Legislature to pass a Bill creating a Revolving Account for all Sewer and Water '.A., �;. Revenues. And be it further ORDERED: That the Ordinance be ready for Council action no later than October 27, 1977. 810 Councillor Martineau offered the following report for the Committee on Licenses Taxi Operator Richard Eichman and Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of grant- ing certain licenses has considered said matter and would recommend that the follow- ing license be granted. NEW LICENSE TAXI OPERATOR Richard Eichman, 12 Proctor Circle, Peabody 811 Councillor Rochna offered the following report for the Committee on Finance. Appr. Assessors Pay- roll account It was voted to accept the report and adopt the recommendation. Councillor Nowak was recorded as opposed. The committee on Finance to whom was referred the matter of an appronriation October 13, 1977 of $5,200.00 from "Surplus Revenue" Account to the "Assessors - Payroll" Account i has considered said matter and would recommend that the appropriation be adopted as recommended by the Mayor at the September 22, 1977 meeting. 812 Comm. from City Clerk A communication was received from Mrs. Josephine R. Fusco, City Clerk, thank- thanking Council for additional space Ing the City Council for their assistance in acquiring additional space for the City Clerk's Office. Councillor Bouley moved that it be received and filed. It 00 was so voted. 813 Election Results A communication was received from Mrs. Josephine R. Fusco, City Clerk, October 4, 1977 notifying the City Council of the October 4, 1977 Preliminary Election results. Councillor Atkins moved that it be received and placed on file. It was so voted. 814 Attendance records The attendance records of certain boards and commissions were received and placed on file. 815 Comm. RE: Hydro-Dredge A communication was received from Mr. Anthony V. Fletcher, City Engineer, relative to the Hydro-Dredge Contract. Councillor Martineau moved that it be received and placed on file. It was so voted. Councillor Cawley reported that the Salem Market Area Management Commission and the Essex Institute will be taping for the entire day on October 31, 1977 for a future program entitled "Salute to Salem." 816 Charter Study Comm. A .communication was received from the Charter Study Committee after the P4blic Hearing Invita- tion deadline of Tuesday noon. Councillor Bouley moved suspension of the rules. There were no objections. An invitation from the Charter Study Committee inviting the i Council to participate in a Public Hearing on Wednesday, October 19, 1977 at 7:30 P.M. i at 1 Salem Green was accepted and received and placed on file. 817 Inflammables 50 Fort Ave. A hearing was ordered for October 27, 1977 on the application of the South So. Essex Sewerage Dist Essex Sewerage District to store 10,000 gallons of inflammables at 50 Fort Avenue. C 818 Petition from. Mr. & Mr ,. A petition was received from Mr. & Mrs. Maynard Allen relative to purchasing Allen RE: Purchase land on Pope & Proctor Sts. City Owned land. on Pope & Proctcr Stre^t. On the motion of Councillor Sa_raceno, it was referred to the Committee on Community Development. 81 Comm. from Dawns A communication was received from Ms. Dawns, Birchmore relative to the Essex Birchmore RE: Peabody Museum & Essex Inst. Institute and Peabody Museum fees. Councillor Martineau moved that it be received fees and placed on file. Councillor Bouley amended-,that a letter of thanks be forwarded to Ms. Birchmore for her concern in this matter. It was so voted. r 2"53 5 4 October 13, 1977 820 A communication was received from Ms. Rachel A. Taylor relative to the Comm. fr. Rachel Taylor RE: Peabody Essex Institute and Peabody Museum fees. Councillor Bouley moved that it be received Museum & Essex Inst. and placed on file, and that a letter of thanks be forwarded to Ms. Taylor for her fees concern in this matter. It was so voted. 821 - 825 The following Taxi Operatof Applications were referred to the Committee on Taxi Operetors Licenses & Permits. James A. Sweeney, 36 Endicott Street, Salem Paul Lapointe, 5 St. Paul Street, Salem Donna Lee Joly, 36 Naumkeag Street, Salem Everett C. McCole, 15 Osgood Street, Salem Beverly Praino, 24 Hawthorne Boulevard, Salem 826 - 829 The following Claims were referred to the Committee on Ordinances & Legal Claims Affairs. Anna R. Mascott, 1000 Paradise Road, Apt. E 3 E, Swampscott George C. Mello, 5 Hodges Court, Salem Elaine M. Mezoff, 5 Stodder Place, Salem Linda R. Dunn, 87 Fuller Avenue, Swampscott (745) The matter of second and final passage of an Ordinance amending an Ordinance Second Passage - Ord. Human Rights Comm. establishing Human Rights Commission by increasing body to 11 members, one to be a bilinquist was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 10 yeas, and 1 nay. Councillors Atkins, Bouley, Cawley, Grace, `-'--` McCabe, Nowak, Plante, Rochna, Saraceno, and Swiniuch were recorded as voting in the ",mak affirmative. Councillor Martineau was recorded as voting in the negative. (777) %€ The matter of second and final passage of an Ordinance amending an Ordinance Second Passage - Ord. Council on Youth establishing a Council on Youth utas then taken up. Councillor Atkins moved that it be adopted for second and final passage. It was so voted. Councillor Martineau was recorded as opposed. Jurors at Lawrence Councillor Martineau was appointed to draw three jurors for the Salem Superior Court, October 24, 1977 sitting at Lawrence. 1. Laurie A. Elwell, 22 Albion Street, Unemployed 2. James F. Cashman, Jr., 14 Cushing Street, Lampworker 3. Lucille Libby, 32 Jackson Street, Quality Control Inspector i i October 13, 1977 Jurors at Salem Councillor Grace was appointed to draw one juror for the Salem Superior Court November 7, 1977 sitting at Salem. 1. George A. Aubertin, 17 Saltonstall Parkway, Chemist Jurors at Lawrence Councillor Cawley was appointed to draw three jurors for the Salem Superior Court November 7, 1977 sitting at Lawrence. 1. George E. Labrecque, 12 Hayes Road, Partner 2. Kathleen A. Sapuppo, C-85 Loring Towers, At Home 3. Leonard F. O'Leary, 68 Proctor Street, Process Worker On the motion of Councillor the meeting adjourned at I i ATTEST: JOSEPHINE R. FUSCO CITY CLERK i i Y� I 255 A. OCTOBER 25, 1977 PUBLIC HEARING - - - ZONING ENFORCEMENT A Public Hearing was held in the Council Chamber on Tuesday, October 25, 1977 at 7:30 P.M. to discuss the lack of enforcement of the existing Zoning Ordinances. Notice of this meeting was posted on October 14, 1977 at 3:33 P.M. and advertised in the Salem Evening News on October 21,1977. Present were Councillors Martineau, Cawley, Plante, Grace, Swiniuch, Saraceno, and Rochna. Also in attendance were Richard P. Marrs, from Salem State College, Robert A. Sherwood. from Salem State College, Donald B. Cote Salem State College, John S. Smedile, Director of Civil Defense, Charles J. Connelly, City Marshal, Laurent J. Bedard, Special Investigator for the Licensing Board, James B. Leahy, Licensing Board Chair- man, John B. Powers, Superintendent of Public Property, Peter R. Merry, Assistant City Solicitor, William J. Tinti, City Solicitor, Walter Sczerbinski, Acting Health Agent, Josephine Frye, Health Department, Brian Gerahty, Vice President of Student Govern- ment Salem State College, William March, Wenham, Mass. President Swiniuch spoke briefly relative to the lack of enforcement of the existing Zoning Ordinances. Councillor Martineau hoped that all present would express their views on the i problems that are currently existing. Councillor Swiniuch spoke relative to the illegal occupancy of apartments in the City, many apartments being occupied by five, six, or seven students, and loud parties being held in these apartments where there are absentee landlords. City Solicitor William Tinti stated that he was aware of these problems as Counc- illor Swiniuch had contacted him relative to Zoning violations existing at 36 Forrest- er Street. Mr. Tinti attempted to seek a criminal complaint from Court on this matter but certain evidence is necessary for this action such as observing the property. He stated that the City does not have the manpower to do this. Councillor Plante asked Marshal Connelly how many complaints have we had. Marshal Connelly stated that Friday and Saturday night disturbances have been numerous, and he had contacted Mr. Richard P. Marrs of Salem State College on this matter and the complaints have subsided. Mr. Marrs agreed with Marshal Connelly and stated that the Dean of Students had issued a statement to students relative to this matter, Councillor Martineau stated that one out of every five complaints he receives are on college students, and asked can they be checked. Mr. Marrs stated that according to Federal Law, before you can find out any infor- mation on any students, you must have the students consent so if any local agency asks for this you must be aware of it. The State College is interested in cooperat- ing with the City. They can only advise the students, not tell them what to do. tir October 25, 1977 PUBLIC HEARING - - - ZONING ENFQUEMJSNT here are 4,800 students, and they may act in immature ways. Councillor Plante asked Mr. Tinti is there a penalty for violation of the Zoning Ordinance. Mr. Tinti replied $100.00 Councillor Plante asked is it possible to get a warrant to go into these apartments in the early hours of the morning. Marshal Connelly stated that it would take some study. Councillor Cawley requested that the discussion stay with the Zoning Ordinance and of get into parties, etc, He also stated that students aren't sblely the problem. ese conditions exist in Wards One, and Four, not only in Ward Five. He also hoped hat the next meeting would have more representatives of the Community Development epartment. Mr. Tinti stated that it is difficult to obtain evidence on Zoning Violations. vidence would be actual occupancy over a period of time. Councillor Cawley asked Mr. Tinti if he had any suggestions on controlling oning violations. Mr. Tinti stated that the Board of Health and the Licensing Board do have some ontrol as to certain licenses that have to be obtained. The Fire Code is also another violation. Councillor Cawley stated that we must get after landlords to control or assist s in this problem. Mr. Tinti spoke briefly relative to landlords being taxed according to the income received. Sgt. Laurent J. Bedard, Special Investigator for the Licensing Board, stated that ` nspections to these apartments can only be made if they already have a lodging ouse license. Councillor Swiniuch said that cooperation from the college is necessary to control these problems. Mr. Robert A. Sherwood of Salem State College said that parties are going on and e can't do anything., Students often send letters to all students. There is a defin- ite responsibility on the part of the college. The landlords are ripping off the students and there Di nothing the college can do about it. The students are not viol- ting the Zoning Ordinance intentionally. The students are victims of the landlords. e suggested notifying the students on the Zoning Laws, and put the responsibility on the Students, and would like a copy of the Zoning Ordinance to make the students aware. i 2.56 A. OCTOBER 25, 1977 PUBLIC HEARING --- ZONING ENFORCEMENT f Councillor Martineau stated that he has spoken with the College on this problem, and has had many good suggestions and concrete proposals. Councillor Grace asked the Health Agent how many letters of complaints have been sent out on the Sanitary Code. From January to August there were 180 letters to date. IHe stated that the Sanitary Code is most difficult to enforce in college towns. Councillor Plante suggested that the Zoning Ordinance be attached to Student Orientation material. Mr. Sherwood asked if it is possible for City officials to check on apartments advertised to students. The answer was no, because the City does not have enough manpower., Councillor Rochna said that she wondered if a list could be set up by the Assessors informing the landlords on the penalties relative to the use of their buildings. Councillor Cawley said that we should get the Assessors' opinion on Mr. Tinti's suggestion as to what the landlords income on these properties are, and tax these people accordingly. A recommendation will be made to the Council on these matters, and possible esta- blishing a special agency. The meeting adjourned at 9:05 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK c� i r 25? October 27, 1977 4 A regular meeting of the City Council was held in the Council Chamber on Thursday, October 27, 1977, at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 10, 1977 at 1:51 P.M. There was no one absent. Council President Richard E. Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. (817) A hearing was held on the application of South Essex Sewerage District to Inflalmnables Fort Ave. store 10,000 gallons of inflammables at 50 Fort Avenue. Mr. Bruce Humphrey from South Essex Sewerage stated that he wished to postpone the matter indefinitely. Councillor McCabe moved that the matter be laid on the table. It was so voted. 830 The Mayor's appointment of the following Constables for the term of 1 year Constables effective November 1, 1977 was received and placed on file. David H. Janes, 95 Eastern Ave., Lynn Joseph Kukas, 196 Lynn St., Peabody 831 The following Order, recommended by the Mayor, was adopted under suspension of Appr. Cemetery Purchase of Vaults the rules. ORDERED: That the sum of Two Thousand Dollars ($2,000.00) be and the same is hereby appropriated from the "Cemetery - Sale of Vaults" fund to the "Cemetery - Purchase of Vaults" Account in accordance with the recommendation of His Honor the Mayor. 832 The following Order, recommended by the Mayor, was referred to the Committee Appr. Greenlawn Cemetery Improvement on Finance. ORDERED: That the sum of Two Thousand Dollars ($2,000.00) be and the same is hereby appropriated from the "Cemetery - Perpetual Care Income" Account to the "Greenlawn Cemetery Improvements - Expense" Account in accordance with the recommendation of His Honor the Mayor. 833 The following Order, recommended by the Mayor, was adopted under suspension of Appr. North Shore Elder Service, Inc . the rules. ORDERED: That the sum of One Thousand Twenty Dollars and Ninety-Four Cents ($1,020.94) be and the same is hereby appropriated from the "Meals for Aged - Title VII" Account in order to pay "North Shore Elder Service, Inc." in accordance with the recommendation of His Honor the Mayor. 258 I i October 27, .1977 834 Trans. Special Purchase The following Order was received from the Mayor after the deadline of Tuesday Account noon. C. McCabe moved for suspension of the rules. Councillor Nowak objected. Councillor McCabe moved for a 2 minute recess. It was so voted. The Council recessed at 8:10 P.M. and reconvened at 8:12 P.M. Councillor Nowak requested and received unanimous consent to withdraw his objection. The matter of the communication the was then taken up. ORDERED: Pursuant to the City Council Order of June 23, 1977 authorizing the purchase of the property of Barbara L. Smith and Virginia R. Lee on Jefferson Avenue, Salem, MA., the City Council hereby authorizes the purchase of said property for the sum of $147,000.00. Said property shall be used for the construction of the Public t', Works Garage. The City Council further authorizes the transfer to $88,365.42 from the "Sale of Real Estate Account' and the transfer to the sum of $58,634.58 from the "Surplus " Revenues Account" to a special account for the purchase of said property. Councillor McCabe moved for adoption of the Order as read. It was so voted j by a unanimous roll call vote. CBuncillor McCabe's motion for immediate reconsideration hoping it does not prevail was denied. Mayor appear before 835 Councillor Cawley introduced the following Order. Council RE: Civil Serv. Job Class. Study ORDERED: That as provided for in Section 19 of the Charter of the City of Salem, the Mayor or his representative appear before this Council on Thursday evening November 10, 1977 at 8:00 P.M. and provide a copy of the "Civil Service i Commission Job Classification Study", in final form or otherwise, to each member of the City Council and a file copy for the City Clerk. Councillor Plante amended to request the Mayor to respond to the City Council as to why the report has not been submitted to the Council. Councillor Plante withdrew his amendment. Councillor Nowak amended that the City Clerk contact the Civil Service i Commission and request that they send a copy of the report to the City Council. i It was so voted. The Order was adopted as amend ed. 836 Nov. 24 meeting be held Councillor Rochna introduced the following Order which was adopted. on Nov. 21, 1977 ORDERED: That the November 24, 1977 meeting of the Salem City Council be held on November 21, 1977. 837 City Engineer invest- Councillor McCabe introduced the following Order which was adopted. ,igate North River Odor ORDERED: That the City Engineer investigate the re-occuring raw sewerage odor from the North River and report his findings and recommendations to the Council. I 2W5 October 27, 1977 Councillor Saraceno introduced the following Order. 838Advance vacation pay ORDERED: That all Municipal Employees entitled to a vacation with pay st=all Municipal Employees be paid that portion of their accrued annual vacation upon their request. That these j monies shall be paid on the pay day prior to the commencement of their vacation period or periods. BE IT FURTHER ORDERED: That all Department Heads shall notify the City Treasurer at least 2 weeks in advance of any and all Municipal Employees who will be on vacation and for what period or length of time taken. BE IT FURTHER ORDERED: That all Department Heads shall receive a copy of this Order and that a copy also be posted an all Bulletin Boards used by the Municipal Employees. BE IT FURTHER ORDERED: That the condition of Chapter 44, Section 65 of the Massachusetts General Laws Annotated shall be carried out to the letter by all City Officials concenned. Councillor McCabe amended to send a copy of the Order to the Personngl Director for his comments and evalu^tion of the Order. It was so voted. Councillor Plante amended to send a copy of the Order to the City Solicitor for his legal opinion. It was so voted. 839 Councillor Martineau introduced the following Order which was adopted. Blinking Lights Hancock St. ORDERED: That the Salem Police Department Traffic Division contact the Gardner St. Cabot St. Department of Public Works to investigate the feasibility of installing blinking lights at the following intersections: 1; The intersection of Cabot St. and Gardner St. 2. The intersection of Cabot St. and Hancock St. 840 Councillor McCabe introduced the following Order which was adopted. Election Order ORDERED: That meetings of the qualified voters of the City of Salem be held in the several voting precincts of the city, at the polling places designated hereinafter, on Tuesday, November 8, 1977 for the election of a Mayor, four Councillors at - Large, a Ward Councillor for each of seven wards for terms of two years; and three members of the School Committee to serve for the term of four years, and the following questions. QUESTION 1. Measure to reorganize the Department of Public Works and create the position of Director of Public Services. Should the Department of Public Works of the City of Salem be reorganized to add the present Central Motors Department and the Cemetery Department to the existing divisions of the Department of Public Works, which are Engineering, Streets, and Water and should a new position of Director of Public Services be created as the head of the reorganized Department of Public rr 260 October 27, 1977 Works; the Director of Public Services would also serve as City Engineer and would P be appointed bi-annually by the Mayor subject to confirmation by the City Council? QUESTION 2. Measure to establish a salary for the Director of Public Services. Should the Director of Public Services be paid an annual salary of $5,000.00? 1 AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: WARD 1 PRECINCT 1 Bentley School, Memorial Drive PRECINCT 2 Caroline Emmerton Hall, 114 Derby Street PRECINCT 3 Recreation Room, 27 Charter Street WARD 2 PRECINCT 1 Carlton School, 10 Skerry Street PRECINCT 2 Phillips School, 86 Washington Square PRECINCT 3 St. John the Baptist School Auditorium, 24 St. Peter Street I WARD 3 PRECINCT 1 Rear Administration Building, 1 Broad Street PRECINCT 2 Rear Administration Building, 1 Broad Street PRECINCT 3 Ste. Anne's School, 9 Cleveland Street WARD 4 PRECINCT 1 AMVETS Hall, 13 Beckford Street PRECINCT 2 Colonial Village Community Center, Heritage Drive PRECINCT 3 Endicott School, 112 Boston Street WARD 5 PRECINCT 1 St. Joseph Church Basement, 135 Lafayette Street PRECINCT 2 St. Joseph Church Basement, 135 Lafayette Street PRECINCT 3 Saltonstall School, 211 Lafayette Street PRECINCT 4 Saltonstall School, 211 Lafayette Street WARD 6 PRECINCT 1 Engine House, North Street PRECINCT 2 Cogswell School, 5 School Street PRECINCT 3 Cogswell School, 5 School Street WARD 7 PRECINCT 1 South Branch Library, 47 Ocean Avenue PRECINCT 2 Training School, 19 Loring Avenue PRECINCT 3 Fire Station, Engine #5, 64 Loring Avenue PRECINCT 4 Salem State College, South Campus, Harrison Road ORDERED: That the polls at said meetings be opened at 8:00 A.M. and closed at 8:00 P.M. and that the City Clerk be instructed to publish the notice as required by law. +4 i t :'T5 P"t5F N 2Q October 27, 1977 841 Councillor Saraceno introduced the following Order which was referred to the School Buildings placed under Public Committee on Municipal Services. Property ORDERED: That all School Buildings be placed under the direct care and i supervision of the Superintendant of Public Properties. AND BE IT FURTHER ORDERED: That all custodial and maintenance personnel j be transferred to the Department of Public Property as per Article 15, Sections 2 - 381 through and including Section 2 - 404. BE IT FURTHER ORDERED: That all monies placed the School Department Budget for the care and maintenance of said school buildings and grounds be transferred to the Department of Public Properties. Refer to Act of 1952 Chapter 2 Section 108. 842 Councillor Martineau offered the following report for the Committee on License Granting Licenses Taxi Operator and permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted: NEW LICENSES TAXI OPERATOR Donna Lee Joly, 36 Naumkeag St., Salem Everett C. McCole, 15 Osgood St., Salem Beverly Praino, 24 Hawthorne Blvd., Salem James A. Sweeney, 36 Endicott St. , Salem Paul Lapointe, 5 St. Paul St., Salem 843 Councillor Plante offered the following report for the Committee on Personnel Delete 7 Insert 6 Lieutenants Police and Salaries. It was voted to accept the report and adopt the recommendation by a Department roll call vote of 7 yeas, 4 nays, and 0 abs. Councillors Atkins, Bouley, Cawley, Nowak, Plante, Saraceno, and Swiniuch were recorded as voting in the Affirmative. Councillors Grace, Martineau, McCabe, and Rochna were recorded as voting in the Negative. Councillor Cawley's motion for immediate reconsideration hoping it does not prevail was denied. The Committee on Personnel & Salaries to whom was referred the matter of changing the composition of the Police Department has considered said matter and would recommend that Chapter 21, Article 1, Section 21 - 2 of the Salem Code of Ordinances be amended by deleting the word "seven" (7) as it appears on Subsection three of said Ordinance before the word "Lieutenants" and substituting thereof the word "six" (6). �cz October 27, 1977 j 844 Mayor's Salary increase Councillor Plante offered the following report for the Committee on Personnel and Salaries. It was voted to accept the report and adopt the recommendation. i The Committee on Personnel and Salaries to whom was referred the matter of increasing the Mayor's compensation has considered said matter and would recommend that the October 13, 1977 recommendation of the Personnel Board to increase the Mayor's compensation to 25,000.00 be approved. The Committee further recommends that this matter be referred to the 1978 City Council since the Massachusetts General Laws Chapter 44, Section 33-A as amended prohibits the passage of an increase in the salary of a municipal officer unless it is operative for more than three months during the calendar year. Councillor Martineau's motion to move the question was defeated by a roll call vote of 5 yeas, and 6 nays. Councillors Martineau, Plante, Rochna, Saracen, i and Swiniuch were recorded as voting in the affirmative. Councillors Atkins, Bouley, Cawley, Grace, McCabe, and Nowak were recorded as voting in the negative. 845 Letter of Commendation Councillor Plante requested and received unanimous consent to refer back to to Personnel Board RE: . Report Mayor's Salary motions, Orders, and Resolutions. ORDERED: That a letter of commendation be forwarded to the Personnel Board for their comprehensive report pertaining to the Mayor and City Council Salaties. 846 Invitation from Salem An invitation was received from the Salem Veterans Council inviting the Council Veterans Council for Veterans Day Services to participate in the Veterans Day observances to be held on November 11, 1977 at iN 11:00 A.M. at the Salem Common. Councillor McCabe moved that the i'dvitation be accepted. It was so voted. 847 , Remis Realty Trust RE: A proposal was received from Remis Realty Trust to purchase and rehabilitate Purchase of Old Salem , I High School the old Salem High School for housing. The matter was referred to the Committee i on Community Development under the rules. 848 uctioneer License An application was received from Carl W. Stinson, Inc., 293 Haverhill Street, Carl W. Stinson Reading, to hold a one day auction at Hamilton Hall on November 12, 1977. Councillor Boule moved that the permit be y p gkanted. It was so voted. i 849 Junk Dealer Clothing An application was received for a Junk Dealer Clothing License from Aileen Aileen M. Hart M. Hart of 52 Leach Street, Salem. It was referred to the Committee on Licenses & Permits. 850-851 Taxi Applications The following Taxi Operator Applications were referred to the Committee on Licenses & Permits. Jon E. Armstrong, 18 Bay View Ave., Salem John T. Clifford, 16 Mt. Pleasant D^., Per!bmAr -263 October 27, 1977 j . 852 The Drainlayer's Bond of Robert P. Condon, 10 Bond St., Gloucester, was laid Drainlayer's Bond on the table until the City Clerk obtains more information relative to approving Robert Condon Drainlayer's Licenses, specifically the Engineer's Department. 853 - 854 The following Claims were referred to the Committee on Ordinances and Legal Claims A Affairs. E. Donald Carlin, 26 Lee Street, Salem Wilfred C. Dansreau, 31 Raymond Road, Salem A petition from the residents of Cabot Street and Hancock Street relative 855Petition RE: Lights Cabot St. to blinking red and yellow lights at the following intersections was received after Gardner St. the deadline of Tuesday noon. Hancock St. Cabot & Gardner Streets Cabot & Hancock Streets Councillor Martineau moved suspension of the rules. There was no objection. Councillor Martineau moved that the matter be received and placed on file with a copy sent to Police Traffic and the D.P.W. It was so voted. On the motion of Councillor Martineau, the meeting adjourned et 9:20 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 1 4. 26,4 NOVEMBER 1, 1977 ESSEX i i , A Regular Weekly Meeting of the Essex County Commissioners was held on Tuesday, � l November 1, 1977 at 3:00 P.M. in the Salem Council Chamber. Present were Essex County Commissioners John W. McKean, Edward H. Cahill, Katherine M. Donovan, and Clerk of Courts James D. Leary. j City Solicitor William J. Tinti welcomed the members of the Board on behalf of EMayor Jean A. Levesque. Ward 4 Councillor Frances J. Grace and City Clerk Josephine R. Fusco were also in attendances. Chairman John W. McKean presided. All matters listed below on the following agenda prepared by Clerk of Courts James D. Leary were taken up. 1- 3:00 P.M. Sub-bids for the Newburyport Superior Courthouse 3:10 P.M. Mr. Dick Beech, Channel 38, in re: Community Service A. Communications of Chairman John W. McKean and Richard T. Dunn Exec. Dr. of Essex County Tourist Council in RE: Southeastern Advertising Agency Inc. B. Communication from Cathy Ann Buckley, Bicycle Project Director C. Acceptance of minutes of meeting of the Board of Trustees, Essex Agric. and Tech. Institute, held on October 17, 1977. D. Communication from Suzanne H. Muncy, President, Council of Inter-Governmental Coordinators, NACO E. Communication from Supervisor of CoAnty Acunnts James J. Wall in RE: Free Cash F. Communication from County Planner Thomas J. O'Leary Jr. in RE Mass. Growth Policy G. Communication from the Board of Architectural Barricades H. Communication from Protect Administrator Christopher G. Olney, Salem Redev- elopment Authority. I. Communication from County Treasurer Thomas F. Duffy, receipt of $218,122.00 in Revenue Sharing Funds. P J. Communication from County Treasurer Thomas F. Duffy Receipt of $50,511.00 in Antirecession Fiscal Assistance Funds. K. Communication from Children's Protective Services a L. Communication from Pres. Peter N. Whelton, Hathorne Teachers Federation. M. Communication from Master and Keeper William H. Ryan of the Lawrence Jail and House of Correction re: Problem with locks at the Jail. N. Copy of letter from Chm. McKean to County Attorney W. Barry Macdonald RE: payment for counsel to So. District Register of Deeds John O'Brien RE: suit of discharged employees against him. 0. Request of Dr. of County Operations John F. Barry for a reserve fund transfer of $235.80 to Code 110 Temporary Employees P. Request of Clerk of Court Russell H. Craig for an inter-transfer of $140.00 from Code 400 to Code 200 within the budget for the Judge's office of the Peabody District Court. Q. Request of Supt. of Bldgs. Robie E. Ward for an inter-transfer of $10,000.00 from Code 200 to Code 300 within the budget for the First District Court, Maintenance of B14gs. under Item 18. 2C)4- NOVEMBER 1, 1977 ESSEX COUNTY COMMISSIONERS METING HELD IN THE SALEM CITY COUNCIL CHAMBER i R. Reserve Fund Transfer request in the amount of $909.04 to Newburyport District Court Judge's budget, Code 110, Temporary Employees, to corvect an error of ommission in the FY ' 78 Budget. S. Request for reserve fund transfer in the amount of $20.15 to Code 100, District Court of Lawrence, Clerk's Office, to correct an error within the FY '78 Budget T. Request of Master and Keeper William H. Ryam for a Reserve Fund transfer in the amount of $15,000.00 to Code 110, Temporary Employees. U. Confirmation of the following "Temporary-intermittent" appointments of Correction Officers at the Salem Jail and House of Correction, made by Sheriff Robert E. Cahill: Stephen R. Little Anthony L. Garro Brian R. Lynch Robert DiTroia William L. Jennings Eugene J. Bettencourt V. Communication from County Personnel Board dated October 14, 1977 W. Communication from Chief Probation Officer Richard E. Driscoll of Central District Court, requesting confirmation of the appointment of Mrs. Patricia A. Jaworski as a Senior Clerk-Typist in the Court to fill a vacancy. X. Confirmation of Clerk of Court Granny J. Gebala's temporary appointment of Mary E. Harrison as a Junior Clerk typist in the Second District Court of Amesbury. Y. Confirmation and appointment of Kathleen A. Richards as a Junior Clerk in the Purchasing Department for another 10 days. Z. Copy of Judge James J. O'Leary's nomination of Mr. William Twomey to fill the vacant position of Probation Officer in the Newburyport District Court. The meeting asjourned at 4:55 P.M. 9 ? ATTEST: JOSEPHINE R. FUSCO CITY CLERK a 2C5 November 10, 1977 I A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 10, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 4, 1977 at 10:35 A.M. i Councillor Peter P. Bouley was absent. President Richard E. Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. 856 The following Order, recommended by the Mayor, was referred to the Committee Appr. Replacement Beverly Salem Water on Finance. Line Account ORDERED: That the sum of One Hundred Twenty-Five Thousand Dollars ($125,000.) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Replacement Beverly - Salem Water Line" Account in accordance with the recommendation of His Honor the Mayor. 857 The following Order, recommended by the Mayor, was referred to the Committee Appr. Federal Allocation Account on Finance. ORDERED: That the sum of Sixty-Two Thousand Dollars ($62,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Aconunt to the "Federal Allocation" Account in accordance with the recommendation of His Honor the Mayor. RECESS The meeting recessed at 8:10 P.M. and reconvened at 8:12 P.M. 858 The following Order, recommended by the Mayor, was adopted under suspension Appr. Redemption of General Loans & of the rules. Interest General Loans ORDERED: That the sum of Sixteen Thousand Eight Hundred Ninety Dollars ($16,890.00) be and the same is hereby appropriated from the "Witch House Receipts Fund" Account to the following: 1. The sum of Fifteen Thousand Dollars ($15,000.00) to the "Redemption of General Loans" Account. 2. The sum of One Thousand Eight Hundred Ninety Dollars ($1,890.00) to the "Interest-General Loans" Account. e . In accordance with the recommendation of his Honor the Mayor. 859 The The following Order, recommended by the Mayor, was adopted under suspension Appr. Cliff Street Sewer Extension + of the rules. A, ORDERED: That the sum of Six Thousand Four Hundred Seventy-Nine Dollars ($6,479.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Cliff Street Sewer Extension" Account in accordance with the recommendation of His Honor the Mayor. =:vie November 10, 1977 f 860 Appr. Park Department The following Order, recommended by the Mayor, was referred to the Committee Special Items Account on Finance. ORDERED: That the sum of Three Thousand Five Hundred Dollars ($3,500.00) be and the same is hereby appropriated from the "Witch House Receipts Fund" Account to the "Park Department Special Items" Account in accordance with the recommendation of His Honor the Mayor. 861 Constables The Mayor's appointment of the following as constables for the term of 1 year beginning December 1, 1977, was referred back to the Mayor. Thomas J. Beaulieu, Sr. 23 Irving Street, Salem William King, 12 Pope Street, Salem Joseph T. McGivern, 6 Wheeler Street, Peabody Ralph L. Morin, 24 Roslyn Street, Salem Daniel W. Simpson, 7 School Street, Peabody. 862 Comm. RE: Civil Service The following Communication was received from the Mayor after the Deadline Job Classification of Tuesday Noon. Councillor Martineau moved suspension of the rules. There was no objection. The matter was then taken up. Dear Josephine: With reference to your communique dated November 2, 1977, will you advise the City Council on Thursday, November 10, 1977 that the Job Classification Study has not been finalized by the administration and therefore, copies cannot be provided at this time. s/ JEAN A. LEVESQUE MAYOR Councillor Cawley moved that the Council Appoint a committee of one to advise the Mayor that the City Council does not consider this communication sufficient response and notify the Mayor that he has 7 days (until November 17) in which to comply with the Corncil Order Dated October 27, 1917 #835. It was so voted. Council President Swiniuch appointed Councillor Cawley as a one man Committee to contact the Mayor. 863 First Passage Traffic Councillor Grace introduced the following Ordinance which was adopted for + 1 15 Minute Parking Boston Street first passage. In the year one thousand nine hundred and seventy-seven An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited) Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 15, Section 51B of the Salem Code of Ordinances is hereby amended by adding the following Streets in alphabetical order: V`� November 10, 1977 Boston Street Northerly side, from the intersection of Watson Street in a Southeasterly direction for a distance of 36 feet, 15 Minute Parking. Bridge Street Beginning at a point where the North Street southwesterly down- ramp intersects with Bridge Street, southerly side extending in an easterly direction for a distance of 180 feet, 30 Minute Parking. ( Bridge Street Northerly side, from a point 80 feet from the entrance of the Municipal Parking lot heading in a westerly direction for a distance of 341 feet, 30 Minute Parking. ( SECTION 2. This Ordinance shall take effect as provided by the City Charter. 864 Councillor Grace introduced the following Ordinance which was adolt ed for First passage Traffic Tow Zone first passage. Bridge Street In the year one thousand nine hundred and seventy-seven ' An Ordinance to amend an Ordinance relative to traffic (Tow Zone) Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 15, Section 74 of the Salem Code of Ordinances is hereby amended by adding the following streets in alphabetical order: Bridge Street Beginning at a point 1.80' (feet) from where the North Street southwesterly downramp intersects with Bridge Street, southerly side extending in an easterly direction for a distance of 195 feet. Bridge Street Northerly side, from the entrance of the Municipal Parking lot heading in a westerly direction for a distance of 80 feet. SECTION 2. This Ordinance shall take effect as provided by the City Charter. 865 Councillor Grace introduced the following Ordinance which was adopted for First Passage Traffic Isolated first passage. Stop Sign Crescent Drive In the year one thousand nine hundred and seventy-seven. Summit Street Rockdale Avenue An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs) Circle Hill Road Be it Ordained by the City Council of the City of Salem, as follows: 9 SECTION 1. Chapter 15, Section 49 of the Salem Code of Ordinances is hereby amended by adding the following streets in alphabetical order: Southeasterly bound traffic on Crescent Drive at Summit Street Southeasterly bound traffic or Rockdale Avenue at Circle Hill Road SECTION 2. This Ordinance shall take effect as provided by the City Charter. 866 Councillor Grace introduced the following Order which was adopted. Blinking Lights Marlborough Road ORDERED: That the City Electrician take the necessary steps to install a beacon warning light on Marlborough Road in the vicinity of the existing guard rail. November 10, 1977 r 867 City Clerk distribute Councillor Atkins introduced the following Order which was adopted. to Councillors elect agendas, meeting ORDERED: That the City Clerk make available to all Councillors Elect, copies notices, etc. of the following: i 1. All remaining 1977 City Council Agendas 2. Notice of all Committee Meetings 3. All Motions, Orders, Resolutions, and Ordinances submitted in City Council And further, that the City Clerk update and distribute to Councillors Elect the orientation booklet and related materials prepared by the Assistant City Clerk in December, 1975• 868 irst Passage Councillor Atkins introduced the following Ordinance which was adopted for ergency Arteries first passage. In the year one thousand nine hundred and Seventy-Seven An Ordinance Establishing Emergency Arteries, Towing Authority and Fines for Violation thereof Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Chapter 15, Article 5, Division 1 of the Ordinances of the City of Salem is hereby amend ed by adding the following Section 51C: Section 51C Emergency Arteries Whenever impending weather conditions threaten to constitute a traffic hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health, and police protection, and other vital facilities of the city, the Chief of Police shall declare an emergency period. Whenever such an Emergency exists and the Chief of Police shall have caused announcement thereof by the use of available media, any or all of the , following parking prohibitions shall become effective at either the time designated or upon the accumulation of two (2) inches of snow in the absence of a declaration. (1) No driver shall stop, stand or park any vehicle withim the limits of the following traffic arteries or parts thereof, provided however, that this regulation shall not apply to passenger vehicles stopped temporarily during �e ' the actual receiving or discharging of passengers nor.to commercial vehicles stopped temporarily during the actual loading or unloading of materials. The following named streets shall be designated as Emergency Arteries in the City of Salem November 10, 1977 STREETS FROM TO Lafayette St. New Derby St. Marblehead Line Canal St. Mill St. Loring Ave. Jefferson Ave. Margin St. Loring Ave. Margin St. Mill St. Jefferson Ave. Essex St. North St. Highland Ave. Highland Ave. Essex St. Freeman Rd. Marlborough Rd. Highland Ave. Peabody Line Boston St. Essex St. Peabody Line North St. Essex St. Peabody Line Bridge St. Beverly Line Boston St. Liberty Hill Ave. Appleton St. Kernwood St. Kernwood St. Liberty Hill Ave. Beverly Line Loring Ave. R.R. Tracks Lafayette St. 1 Washington St. Lafayette St. Bridge St. Norman St. Summer St. North St. i Derby St. Lafayette St. Hawthorne Blvd. Washington Sq. N. Hawthorne Blvd. Winter St. Winter St. Washington Sq. N. Bridge St. Webb St. Bridge St. Derby St. (2) The provisions of this Ordinance shall be effective only during such times that official traffic signs are erected and maintained to notify operators of the provisions of this section. SECTION 2. Chapter 15, Article 5A, Section 74 of the Ordinances of the City of Salem is hereby amended by adding the following subsection N: (N) Upon any artery designated Emergency Artery during a dedlared emergency in accordance with Chapter 15, Article 5, Section 51C I of the Ordinances of the City of Salem. SECTION 3. Chapter 15, Article 1, Section 17A of the Ordinances of the City of Salem i. ti. is hereby amended by adding the following: s $15.00. . ... . .Section 51C SECTION 4. This Ordinance shall take effect as provided by City Charter. 869 Councillor Cawley introduced the following Order which was adopted. Mayor appt. Personnel Director REQUESTED: That the Mayor, in compliance with Charter provision 1-60, submit to the council his nominee for the position of Personnel Director. 't l� November 10, 1977 i- 870 Accident forms for Councillor Martineau introduced the following Order which was adopted. City Vehicles ORDERED: That the Committee on Ordinances and Legal Affairs along with the City Clerk and the Committee on Municipal Services meet to draw up an Ordinance and procedure by which all accidents by City Employees involving City Vehicles, are report by written report to all members of the City Council. Also, that these committees along with the assistance of the City Clerk initiate an accident report form that will be informative and specific enough to satisfy the need that the Council be kept abreast of the use and/or abuse of city vehicles. 871 lderly crossing at Councillor Saracen introducdd the following Order which was adopted. 5 Broad Street ORDERED: That the Traffic Division place signs along Broad Street informing vehicular traffic of the presence of elderly people and of a Wheel Chair Crossing at the Elderly Center located at 5 Broad Street. BE IT FURTHER ORDERED: That the Traffic Division and the Electrical Department study the feasibility of installing pedestrian operated traffic signals be installed at 5 Broad Street. RECESS The Council recessed at 8:55 P.M. and reconvened at 9:00 P.M. 872 Traffic Lights behind Councillor Grace in conjunction with Councillor McCabe introduced the following New Court House Order which was adopted. ORDERED: That the City Electrician survey the area behind the Court House on Bridge Street for the possibility of installing pedestrian controlled lights and report his findings and recommendations to the City Council 873 Granting Licenses Councillor Martineau offered the following report for the Committee on Taxi Operator Junk Dealer Licenses & Permits. It was voted to accept the report and adopt- the recommendation. The committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following licenses be granted. NEW APPLICATIONS TAXI OPERATOR Jon E. Armstrong, 18 Bay View Ave., Salem John T. Clifford, 16 Mt. Pleasant Drive, Peabody JUNK DEALER CLOTHING Aileen M. Hart, 52 Leach Street, Salem 874 Appr. Greenlawn Councillor Rochna offered the following report for the Committee on Finance. Improvements Expense It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the matter of $2,000.00 to be appropriated from "Cemetery - Perpetual Care Income" Account to "Greenlawn Cemetery Improvements - Expense" Account has considered said matter and would recommend that the appropriation be approved as recommended by the Mayor at the October 27th meeting- �3�71 November 10, 1977 875 A communication was received from Mr. Thomas Walsh, Personnel Director, relative Comm. fr. Tom Walsh to advance Employee Vacation Pay. RE: EmployeeVacation Pay Councillor Saracen moved that the Council Order, as introduced in the October 27, 1977 meeting relative to vacation pay, be carried out to the letter. It was so voted. (see #838) 876 The Vandalism Report for certain departments for the Months of September and Vandalism Report October was received and filed, with a copy forwarded to Councillor Martineau. 877 A petition was received from Massachusetts Electric Company for Pole and Wire Pole & Wire Location] Location on Rockdale Avenue. A hearing was ordered for November 21, 1977. Rockdale Ave. 878 A communication was received from Mr. & Mrs. C. F. Obremski relative to parking Comm. fr. Mr. & Mrs. Obremski RE: Parking on Oak Street. Councillor McCabe moved that it be referred to the Committee on on Oak Street Ordinances and Legal Affairs. It was so voted. 879-88o The following Claims were referred to the Committee on Ordinances & Legal Affairs Claims Mr. Forrest W. Gowell, 7 Virginia Road, Tewksbury, Ma Mrs. Annette Hubacz, 8 Center Street, Salem, Ma (771) The matter of Second Passage of an Ordinance to amend an Ordinance relative to Ordinance - Delete 7 insert 6 before deleting the word seven (7) and inserting the word six (6) before the word Lieutenants Lieut. Police Dept. Police Department was then taken up. Councillor Martineau moved that the matter be laid on the table. Councillor Martineau requested unanimous consent to withdraw his motion. Councillor Nowak ehjected. Councillor Martineau moved that the matter be referred to the Committee on Ordinances and Legal Affairs. It was so voted by a roll call vote -:)f 7 yeas, 3 nays, and 1 Absent. Councillors Atkins, Grace, Martineau, McCabe, Rochna, Saracetto, and {rF, Swiniuch were recorded as voting in the affirmative. Councillors Cawley, Nowak, and 'r Plante were recorded as voting in the negative. Councillor Bouley was absent. x Jurors Councillor Cawley was appointed to draw six jurors for the November 15, 1977 Salem at Salem Superior Court sitting at Salem. 1. Francisco B. Vagos, .11 Hancock St., Salesman 2. Wilma C. Ecker, C-45 Loring Towers, Free lance writer 3. Marianne Turpel, 60 Barstow Street, Homemaker 4. Mary Lord, 101 Crowdis Street, Housewife 5. Roger J. Ouellette, 1 Grant Road, Assistant Manager 6. Laurette L. Cote, 21 Glendale Street, Legal Secretary November 10, 1977 Jurors 66 at Salem Councillor Grace was appointed to draw three (3) jurors for the December 5, 1977 Salem Superior Court Sitting at Salem. 1. Albina Nestor, 2 Sutton Avenue, Lead Girl & Testor 2. Joanne V. Scanlon, 4 Gables Circle, Housewife 3. Marcia Juengst, 181 Ocean Avenue, Sales Merchandiser 4 Jurors at Lawrence Councillor Martineau was appointed to draw three (3) jurors for the December 5, 1977 Salem Superior Court Sitting at Lawrence. 1. Leon S. Blanchette, 15 Bertuccio Avenue, Retired 2. Albin J. Begin, 194 Jefferson Avenue, Lathe Operator 3• Dorothy M. Alderete, 9 Piedmont Street, Bank Teller k I On the motion of Councillor Saraceno, the meeting adjourned at 9:25 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK i November 16, 1977 SPECIAL MEETING A Special Meeting of the City Council was held in the Council Chamber on Wednesday, November 16, 1977 at 7:15 P.M. for the purpose of taking action on the appropriation of $62,000.00 from "Surplus Revenue" Account to the "Federal Allocation Account, as recommended by the Mayor on November 10, 1977. Notice of the meeting was posted on November 14, 1977, at 3: 18 P.M. I 'I Councillor Peter P. Bouley was absent. I President Richard E. Swiniuch presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. 880-A Councillor Rochna offered the following report for the Committee on Finance. Appr. Federal Alloca- It was voted to accept the report and adopt the recommendation. Account The Committee on Finance to whom was referred the matter of an appropriation of $62,000.00 from "Surplus Revenue" to "Federal Allocation" Account has considered said matter and would recommend that the appropriation be adopted as recommended by the Mayor at the November 10, 1977 meeting. On the motion of Councillor McCabe the meeting adjourned at 7:40 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 1 273 November 21, 1977 REGULAR MEETING i A REGULAR MEETING of the City Council was held in the Council Chamber on Monday, I November 21, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 10, 1977 at 3:11 P.M. There was no one absent. President Richard E. Swiniuch presided. President Swiniuch introduced Boy Scout Pack 22 sponsored by the Lafayette St. Methodist Church and welcomed the group. The group was in attendance to earn their citizens activity badge. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. 881 A hearing was held on the Order of Massachusetts Electric Company for a permit Pole location to locate a Pole and wires on Rockdale Avenue. Appearing in favor were Mr. Steve Rockdale Avenue O'Malley from Massachusetts Electric Company and Councillor Frances Grace. There was no one opposed. The hearing was closed. On the motion of Councillor Grace, it was voted to grant the permit. 882 Councillor Saracen requested and received unanimous consent to suspend the Comm. fr. Asst. Solici- tor Peter Merry RE: rules and take up the matter of a communication received after the deadline of selling of Howard St. Tuesday Noon from Assistant City Solicitor Peter R. Merry relative to authorizing Property the Mayor to sell the Howard Street Property to General Mills Fun Group. Councillor Cawley's motion to authorize the Mayor to sell these parcels of land as requested at the June 23, 1977 meeting with the condition that General Mills Fun Group grant the use of the properties now held by the City of Salem and state in the agreemenj that the City be allowed the use of the same for one year, or until the use of the garage is available, at no extra cost to the city was voted by a unaninous roll call vote. 883 The Mayor's appointment-of Mr. Raymond R. Caron, 18 School Street,.:Salem, as a Appt. Raymond Caron Council on Aging member of the Council on Aging for a term expiring October 1, 1980, was confirmed under suspension of the rules by a unanimous, roll call vote. 884 The Mayor's appointment of Mr. Maurice Chouinard as a member of the Human Rights Appt. Maurice Chouinare Human Rights Comm. Commission for a term expiring January 31, 1979, replacing Kathryn Fallon who resigned was confirmed under suspension of the rules by a unanimous roll call vote. 885 The Mayor's appointment of Mr. Nondas Lagonakis as a member of the Board of Appt. Nondas Lagonakis Park Commissioners Park Commissioners replacing .Mr. John Manning who passed away, was confirmed under suspension of the rules by a unanimous roll call vote. 274 November 21, 1977 886 Appr. Firemen's Payroll The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Hundred Thousand Dollars ($100,000.00) be and the same is hereby appropriated from the "Public Law #94-369-Title II" Account to the "Firemen's Payroll" Account in accordance with the recommendation of His Honor the Mayor. 887 Appr. Park Dept. Specia The following Order, recommended by the Mayor, was adopted under suspension Items of the rules. ORDERED: That the sum of Nine Hundred Dollars ($900.00) be and the same is hereby appropriated from the "Kernwood Marina Receipt Fund" Account to the "Park Department - Special Items" Account in accordance with the recommendation of His Honor the Mayor. 888 Appr. North Shore Elder The following Order, recommended by the Mayor, was adopted under suspension Services Inc. of the rules. ORDERED: That the sum of Six Hundred Ninety-Seven Dollars and Twenty- Two Cents ($697.22) be and the same is hereby appropriated from the "Meals for Aged- Title VII" Account in order to pay "North Shore Elder Service, Inc." in accordance with the recommendation of His Honor the Mayor. 889 Trans. City Planning The following Order, recommended by the Mayor, was adopted. Collins Cove Cityscale ORDERED: That the sum of Six Thousand Dollars ($6,000.00) be and the same is hereby transferred from the "City Planning - Collins Cove - "City Scale" Account in accordance with the recommendation of His Honor the Mayor. 89 Conn. RE. Civil ServicE The following communication was received from the Mayor relative to the Job Classification Study Civil Service Job Classification Study. On the motion of Councillor Cawley, the matter was received and filed. Dear Josephine: With reference to the letter dated November 14, 1977 and signed by Councillor t ', Leonard A. Cawley, Jr. , in which he referred to the request for providing copies of the "Civil Service Commission Job Classification Study," I have received a copy of this report today from the Personnel Board. We will review this report and after this is accomplished, we will sit down with the City Council and review this entire matter in the near future. sl JEAN A. LEVESQUE MAYOR RECESS The Council recessed at 8:27 P.M. and reconvened at 8:30 P.M. 89 TAG DAY Arbella Drum Councillor McCabe requested and received unanimous consent to refer to Corp. petitions, specifically the matter of the Arbella Drum & Bugle Corps. request for �J November 21, 1977 permission to hold a TAG DAY on Friday, November 25, 1977. Permission was so voted. 891 j Councillor Grace offered the following report for the Committee on Natural Natural Resources Resources. It was voted to accept the report and adopt the recommendation, North River Odor i The Committee on Natural Resources to whom was referred the matter of the North River has considered said matter and would recommend that the City Engineer monitor the continuation of bacteria tests in the ares, and keep the Council informed of all future actions taken by state and local agencies. 892 Councillor Rochna offered the following report for the Committee on Finance. Appr. Park Dept. It was voted to accept the report and adopt the recommendation. Special Items Account The Committee on Finance to whom was referred an appropriation of $3,500.00 from "Witch House Receipts Fund" to the "Park Department Special Items" Account as considered said matter and would recommend that the appropriation be adopted as recommended by the Mayor at the November 10, 1977 meeting. 893 Councillor Cawley offered the following report for the Committee of One. It was Comm, of "ONE" Civil Service Job. oted to accept the report and adopt the recommendation. Class. Study The Committee of One charged with communicating with the Executive relative o S. 19 of the City Charter has met with the executive and reports as follows: The Executive has provided the Chairman of the Council Committee of Personnel and Salaries with a copy of the material in question. The Committee recommends that the Committee be discharged. 894 A communication was received from Mr. Anthony V. Fletcher relative to the North North River Odor River Odor. On the motion of Councillor Grace, it was received and filed. 895 An Invitation was received from the Essex County Commissioners to attend a Invitation from Essex County Commis dedication ceremony of the New Court House on Saturday, December 3, 1977, at 10:00 A.M. ioners for Dedication Ceremony New Court On the motion of Councillor Martineau, the invitation was accepted and received and House filed. All Councillors are to notify the City Clerk if they plan to be in attendance, 897-905 The following taxi operator applications were referred to the Committee on Taxi applications Licenses &, Permits. Dana Adams, 57 Green Street, Marblehead Robert F. .Armstrong, 18 Bay View Avenue, Salem Raymond P. Conant, 122 Northridge Road, Beverly Robert Dolliver, 400 Jefferson Avenue, Salem Alan C. Kurpes, 24 Ravena Avenue, Salem John M. Hughes, 5 Butler Avenue, Danvers Stephen P. Mahoney, 13 Hazel Street, Salem William H. Quirk, 29 Simon Street, Beverly William Mullarky, 4 Pickman Road, Salem 276 November 21, 1977 906 1 Dexter Robinson Taxi The Taxi Operator renewal License of Dexter T. Robinson, 26 High Street, Salem, Renewal was referred to the Committee on Licenses & Permits. 907 Richard S. Winer The Auctioneer License Renewal of Richard S. Winer, 30 Loris Road, Peabody, was j Auctioneer Renewal granted on the motion of Councillor Nowak. T 908-911 Claims The following Claims were referred to the Committee on Ordinances & Legal Affairs. Edward Kawczynski, 39 Boardman Street, Salem 6 1 Thomas N. Hemingway & Dale A. Ducillo, 162 North Street, Salem David Paul Dyer, 162 North Street, Salem Steven P. Savoy, 22 Summit Avenue, Salem (863) Second Passage The matter of second and final passage of an Ordinance amending Traffic Chapter Traffic Parking Prohib. Bridge & Boston Street 15, Section 51B Parking Prohibited Bridge Street and Boston Street, was adopted for second and final passage on the motion of Councillor Grace: E (864) Second Passage The matter of second and final passage of an Ordinance to amend an Ordinance Traffic Tow Zones Bridge Street relative to Traffic - Tow Zones on Bridge Street was then taken up. On the motion of Councillor Grace, it was adopted for second and final passage. (865) Second Passage The matter of second and final passage of an Ordinance to amend an Ordinance Traffic Isolated Stop Signs Crescent Drive relative to Traffic, Chapter 15, Section 49, Isolated Stop Signs, was then taken up. Rockdale Avenue On the motion of Councillor Grace, it was adopted for second and final passage. (868) Second Passage Est. The matter of second and final passage of an Ordinance to Establish Emergency ' Emergency Arteries & Tow Zones & Fines Arteries, Towing Authority, and fines for violation thereof, was then taken up. Councillor Nowak amended to read Essex Streeg, . from Webb Street to Hawthorne Blvd. The Ordinance was adopted for second and final passage as amended, so that it shall read as follows: In the year one thousand nine hundred and Seventy:4Seven An Ordinance Establishing Emergency Arteries, Towing Authority and Fines for' Violation thereof Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Article 5, Division 1 of the Ordinances of t1-P City of Salem is hereby amended by adding the following Section 51C: " Section 51C Emergency Arteries. k Whenever impending weather conditions threaten to constitute a traffic f' hazard impairing transportation, the movement of food and fuel supplies ' medical care, fire, health, and police protection, and other vital l facilities of the city, the Chief of Police shall declare an emergency period. , Whenever such an Emergency exists and the Chief of Police shal k`it L. 2'7'7 f November 21, 1977 have caused announcement thereof by the use of available media, any I or all of the following parking prohibitions shall become effective at either the time designated or ypon the the accumulation of two t (2) inches of snow in the absence of a declaration. (1) No driver shall stop, stand, or park any vehicle within the limits of the following traffic arteries or parts thereof, provided however, that this regu- lation shall not apply to passenger vehicles stopped temporarily during the actual_receiving or dischargin of passengers nor to commercial vehicles stopped temporarily during the actual loading or unloading of materials. The fallowing named streets shall be designated as Emergency Arteries in the City of Salem. STREETS FROM TQ. Lafayette St. New Derby St. Marblehead Line Canal St. Mill St. Loring Ave. Jefferson Ave. Margin St. Loring Ave. Margin St. Mill St. Jefferson Ave. Essex St. North St. Highland Ave. Highland Ave. Essex St. Freeman Road Marlborough Road Highland Ave. Peabody Line Boston St. Essex St. Peabody Line North St. Essex St. Peabody Line Bridge St. Beverly Line Boston St. Liberty Hill Ave. Appleton St. Kernwood St. ernwood St. Liberty Hill Ave. Beverly Line Loring Ave. R.R. Tracks Lafayette Washington St. Lafayette St. Bridge St. Orman St. Summer St. North St. Derby St. Lafayette St. Hawthorne Blvd. ashington Sq. N. Hawthorne Blvd. Winter St. Winter St. Washington Sq. N. Bridge St. Webb St. Bridge St. Derby St. ssex St. Webb St. Hawthorne Blvd. November 21, 1977 (2) The provisions of this Ordinance shall be effective only during su di times that official traffic signs are erected and maintained to notify operators of the provisions of this section. Section 2. Chapter 15, ;Article 5A, Section 74 of the Ordinances of the City of Salem is hereby amended by adding the following subsection N: 41(N) Upon any artery designated Emergency Artery during a declared emergency in accordance with Chapter 15, Article 5, Section 51C of the Ordinances of the City of Salem. Section 3. Chapter 15, Article 1, Section 17A of the Ordinances of the City of Salem is hereby amended by adding the following: $15.00 Fines. . . .. . .Section 51C Section 4. This Ordinance shall take effect as provided by City Charter. Councillor Saraceno requested a moment of silence to offer thanks to God for this Thanksgiving in our own way. On the motion of Councillor Bouley, the meeting adjourned at 9:05 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK I I In it i I i I tiryJ DECEMBER 7, 1977 CITIZENS WHO WISH TO ADDRESS THE COUNCIL A Public Hearing was held on Wednesday, December 7, 1977 at 7:30 P.M. in the Council Chamber for citizens who wish to address the Council. Notice of this hearing was posted on December 2, 1977 at 3:29 P.M. and advertised in the Salem Evening News on December 2, 1977. 1F Councillor Bouley was absent. II President Richard E. Swiniuch presided. The following people were also in attendance. John J. Whitehead, Charles March, Edward Zdanowicz, Thomas Zdanowicz, Anthony V. Fletcher, Stanley Usovicz, Joseph Centorino, and Stephen Lovely. Mr. Edward Zdanowicz of 14 Hardy Street spoke in behalf of the Zdanowicz family, relative to the Pickering Wharf Project. He stated that he came from a family of fishermen and have now become victims of the Pickering Wharf Project, as they are being evicted. Mr. Zdanowicz stated that this project is endangering his livelihood. He said that they do not want to claim any land but what he does claim is a Pile Dock which is over 150 years old, this land is on the water and adjacent to the Pickering Property. Mr. Zdanowicz stated that his family had dredged this area about fifteen years ago at his own expense. He stated that a recent Public Hearing, Heritage Trust promised prior to the selling of the properties that they would not be evicted. Councillor Plante asked Mr. Zdanowicz how can the council assist him in this matter. Mr. Zdanowicz had.,no reply. Mr. Zdanowicz then stated that Heritage Trust is going back on their word from their original agreement. Councillor Plante then stated that this problem seems to be a legal matter, and that the City Council cannot assist and they don't want to lend him any false hopes. Councillor Rochna stated that she was contacted by Mr. Zdanowicz's attorney who was looking for some assistance for the Zdanowicz family as they had been promised they could come back upon the completion of the project. She stated that Heritage Trust told the Zdanowicz family they could relocate until the project is completed but would be welcomed back at the site at a reasonable going rate of rent after the sea wall was built. Councillor Grace stated that she does not want to see the Zdanowicz family displaced. This matter was unfair and no decision can be made on this. It's a breach of faith on the part of Heritage Trust. Councillor Grace also stated that she thinks Councillor Cawley's idea to have a clerk of committee for the purpose of taking minutes of the meetings, especially hearings and committees for council was a good one. Councillor Swiniuch stated that the item that is in court is a request that the Zdanowicz family post a $5,000.00 bond. The matter now in court is a request that the bond be increased to $20,000.00, not the agreement between the two parties. 280 RIP DECEMBER 7, 1977 . CITIZENS WHO WISH TO ADDRESS THE COUNCIL _ G 5 - Councillor Saraceno stated that the Army Corp of Engineers has received a permit i from the Planning Board. He said that there is a definite lack of communication between appointed officials and elected officials. He said that Heritage Trust has no rights to the waters in the South River. He suggested that the Council send a letter to Heritage Trust and see that they are held to their word. i Councillor Martineau said he has many questions about the Heritage Trust Pickering Wharf Project. He also stated that he would like a meeting with the Planning Board relative to the UDAG projects. Councillor Atkins said that we are spending too much time on this one matter. He suggested that the President call a meeting on this issue and all interested parties be invited. i Councillor Swiniuch agreed. Councillor Plante again cautioned the Council that this is a personal matter, and it is really none of the Council's concern. Mr. John Whitehead, 8 Derby Street, Stated that he would like to talk about the Essex Sewerage. He would like to know what they are going to do about the waste in Ward One. He stated that when they dump this sewerage on the land we will be in trouble. Councillor Nowak stated that Mr. Anthony Fletcher, City Engineer, is in the audience, and we should let him speak, in order to answer Mr. Whitehead's questions. Mr. Fletcher stated that the incinerator is operating within the limits. The Plant burns only sludge, and the fleshings are taken to Peabody. He also stated that there will be a meeting very shortly with Congressman Harrington, and Senators Brooke, and Kennedy about this matter. Mr. Whitehead asked Mr. Fletcher "Why are you going to burn this Stuff?" Mr. Fletcher stated that "This is by Federal Regulation." Councillor Atkins suggested that this would be a good area for the Council Committee on Regional Services to investigate, and to hold a meeting. Mr. Donald Famico, Dog Constable, addressed the Council in order to thank them for their support over the past year and one half in trying to place the problem of un- leashed dogs under control. He stated that the Council has been very cooperative with him in his effort. Councillor Atkins said that Mr. Famico has done an excellent job. He stated that �Gll t" G we depend on full time city employees, and it is a good example of cooperation between city employees. Councillor Atkins said that this is the fourth meeting of this kind, and that this is the smallest turnout they have had. He suggested that the new Council think of ways to get the people more interested. 280 , _ DECEMBER 7, 1977 CITIZENS WHO WISH TO ADDRESS THE CITY COUNCIL i Mr. Charles March, 26 Orne Street, then spoke and stated that he had discussed this meeting with six different people and they knew nothing about it. He said it is 1 simply a matter of Public Relations. He suggested the Councillors make phone calls and advise their constituents of these meetings. On the motion of Councillor Saraceno, the meeting adjourned at 8:30 P.M. tit1 zAi December 8, 1977 A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 8, 1977 at 8:00 P.M. for the purpose of transacting any and all business. J Notice of this meeting was posted on December 2, 1977 at 3:29 P.M. Councillor Ronald G. Plante was absent. Council President Swiniuch presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. 912 The Mayor's Appointment of Mr. Gerald A. Bellavia as Director of Fiscal Services Appt. Gerald Bellavia Dr. of Fiscal Services at the J. Robert Shaughnessy Rehabilitation Hospital was confirmed under suspension J. Robt. Shaughnessy of the rules by a unanimous roll call vote of 10 yeas, and 1 abs. Hospital 913 The Mayor's Appointment of Mr. Roland A. Pinault as a member of the Salem Appt. Roland Pinault Redevelopment Authority for a term expiring August 1, 1982, replacing Mr. Robert B. Salem Redevelop. Auth. Bowman, was confirmed under suspension of the rules by a unanimous roll call vote i of 10 yeas, and 1 abs. It was voted to send a letter of commendation to Mr. Robert B. Bowman for the fine years of service given to the Redevelopment Authority. 914 The Mayor's appointment of Reverend Vitaly Voshchullo as a member of the Human Appt. Rev. Vitaly Voshchullo Human Right Rights Commission for a term expiring January 31, 1980, was confirmed under suspension Commission of the rules by a unanimous roll call vote of 10 yeas, and 1 abs. 915 Appr. Market Area The following Order, recommended by the Mayor, was referred to the Committee on Commission Finance. ORDERED: That the sum of Six Hundred Twenty-Two Dollars and Ninety-Eight Cents ($622.98) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Market Area Commission" Account in accordance with the recommendation of His Honor the Mayor. 916 The following Ordinance, recommended by the Mayor, was adopted for first passage. First Passage Ordinanc RE: Sewer Use •§ Chgs. In the year one thousand nine hundred and seventy-seven. An Ordinance to repeal an Ordinance adopted July 14, 1977 relating to the use of sewers, and to amend an Ordinance adopted on April 8, 1976 relating to the use of Public and Private sewers, regulations, assessments and Charges. Be it ordained by the City Council of the City of Salem, as follows: Section 1. The Ordinance to amend Chapter 23, of the Revised Ordinances of 1973, as amended, adopted July 14, 1977, signed by the Mayor on July 21, 1977 is hereby repealed Section 2. The Ordinance adopted as Chapter 23 of the Salem Code of Ordinances by the City Council on April 8, 1976 and signed by the Mayor on April 12, 1976, is hereby amended as follows: • n 2H December 8, 1977 I UNDER ARTICLE V i Sec. 23-72. entitled Apportionment of Costs, in the first paragraph, delete the words "One-third" on the tenth line and insert in place thereof the words "one-quarter" Sec. 23-74. entitled Abatements and Deferments, delete in the last paragraph the last sentence in its entirety commencing with the word "Furthermore" and inserting in place thereof the following sentence. "Furthermore, the first installment of such assessment �i I shall become due and payable at the expiration of three (3) months from the date of the completion of building upon previous undeveloped land. Likewise, the first install- ment of such assessment shall become due and payable at the expiration of the fixed time of suspension of payments granted with regard to developed land. The City Council may, at the request of the owner of the land zoned for industrial or commercial uses, direct the Board of Assessors to assess the cost of installation of the sewer I on or up to such land, in the manner provided by Chapter 83 of the General Laws. Payment of such assessment may be apportioned in the manner provided in Section 23-73 of this chapter. Section 3. This Ordinance is further amended by adding the following new Sections. Sec. 23-75 Sewer Use Charges. Sewer use charges shall be made as provided by laws of this Commonwealth as provided described hereinafter. See Mass. Gen. Laws Ann. C. 83, Sec. 16, et seq. In establishing the charge to be paid by the owners of estates benefitted by the sewer system of the City of Salem, and the treatment facilities of the South Essex Sewerage District, the City Engineer shall offset the costs to the City for the South Essex Sewerage District yearly costs, and the projected costs of operating and maintaining the City of Salem sewer system against a use fee based on Water consumption as measured by the Salem Water Department. Such charge shall constitute an additional charge over and above the water use charge. Sec. 23-76 Sewer Use Rate Determination The City Engineer shall advise the City Council of South Essex Sewerage District charges, the cost of the City System, and determine and present for approval the f sewer use charge per hundred cubic feet of water, necessary to meet those costs. Where estimated use is the measurement of water charge, then too shall the sewer use charge v� be based on estimated use. Private water users, or water users disposing of some fraction of waste water i to a system other than the City sewer shall have a flow meter installed as approved by the City Engineer, and at their expense, for the measurement of sewerage flow. Estates not connected to the City sewer system will not be charged providing the estate is not under order of the Health Department of the City Engineer, to connect to the system. (See State Law. Mass. Gen. Ann. C. 83, Sec. 11, et seq. 1 283 December 8, 1977 Sec. 23-77 When Bill for Use Charge is Payable: Non Payment Sewer use charges will be determined by water use and shall be charged quarterly, separately but coincidental with water bills. All bills for sewer use charges shall be payable quarterly at the office of the City Collector within 30 days of the end of the quarter. Any charge for sewer use not paid within 30 days shall be declared delinquent by the City Collector and shall constitute a lien against the property to the extent premitted by law, and shall with 30 days of its due date begin to bear interest at the rate prescribed by the General Laws as applicable to delinquent taxes upon real property. Section 4. This Ordinance shall take effect as provided by City Charter. 917 The following resolution was received from the Mayor. Councillor Cawley moved to Resolution RE: UDAG South River Ward 5 waive the reading of the resolution. It was so voted. Councillor Cawley moved that Area the resolution be referred to the Committee of the Whole. Councillor Atkins amended that the Committee of the Whole meeting be held before the next regular meeting. It was so voted as amended. A RESOLUTION CONCERNING THE FILING OF AN APPLICATION AND THE EXPENDITURE OF AN URBAN DEVELOPMENT ACTION GRANT RESOLVED: BE IT RESOLVED by the City Council of the City of Salem, Massachusetts, as follows: I. That the City Council endorses the designation of the South River District, identi- fied on the attached map, as an Urban Development Action Grant (UDAG) area. This measur acknowledges the severe distress of the area which requires a comprehensive package of neighborhool revitalization strategies. II. That the Mayor, as the City's chief executive officer, is hereby authorized to make application for and to expend Urban Development Action Grant funds in accordance with the following program: 1) Redevelopment of the commercial area surrounding the South River including acquisition of property, construction of public amenities, and restoration of the river channel. $1,520,000.00 2) Assistance in the rehabilitation or re-use of properties surrounding the South River through rehab grants/loans and other incentives. $500,000.00 3) Neighborhood improvements including curb and sidewals work, new plantings, and street lighting, utility upgrading, and conversion of vacant lots to min-parks and parking. $1,080,000.00 4) Housing rehabilitation strategies including rehab grant/loans and the acquisition of properties for rehabilitation and conversion to low income ownership. $1,200,000.00 December 8, 1977 5) The creation of a community center providing bilingual services and counsel- ing in employment, housing issues, day care, health care, and municipal services. $250,000.00 6) Administration $450,000.00 III. That the City Council supports and endorses the filing of applications to other state and federal agencies for the funding of additional projects in the designated area which support and complement the UDAG program. a IV. That the City Council recognizes the crucial role of enforcement in the revital- ization of this area. In order to insure that adequate enforcement will occur as part of the execution of the UDAG program and in order to demonstrate the City's commit- ment to said program, the City Council resolves that, at the direction of the Mayor, it will appropriate a total of one hundred thousand dollars ($100,000.00) over the three year term of the program for a code enforcement task force exclusively targeted to the project area. V. That the application for and expenditure of UDAG funds shall be in accordance with all applicable U.S. Department of Housing and Urban Development rules and regulations, and in accordance with all applicable General Laws on the Commonwealth of Massachusetts. 918 Constables The Mayor's appointment of the following as Constables for a term beginning January 1, 1978, was received and placed on file. i Thomas J. Beaulieu, 23 Irving Street, Salem i Joseph T. McGivern, 6 Wheeler Street, Peabody Ralph L. Morin, 24 Roslyn Street, Salem jDaniel W. Simpson, 7 School Street, Peabody Harry Sherr, 2 Longstreet Road, Peabody Rules & Orders 919 Councillor Cawley introduced the following Order, amending Rules & Orders, Sec. 32-C Application for Federal & State which was held until the next meeting under the rules. Funds p ORDERED: That the Rules and Orders of the City Council be amended, effective January 1, 1978, by adding the following: t Sec. 32-C w ' Any application for Federal or State Funds, submitted to the City Council uu `+ shall be accompanied, where applicable, by a document, prepared by the department, board, or commission submitting said application. The afore mentioned document shall contain a 36 month projection of any operat' ing, staffing, or maintenance costs of any facility or service provided for in said application. I 2fiJ v December 8, 1977 I 920 Councillor Grace introduced the following Ordinance which was adopted for first Ordinance Traffic passage. Isolated Stop Signs Crescent Dr. Summit St In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an. Ordinance relative to Traffic (Isolated Stop Signs) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 49 of the Salem Code of Ordinances is hereby amended � by deleting the following: "Southeasterly bound traffic on Crescent Drive at Summit Street" and inserting in place thereof the following: "East and West bound traffic on Crescent Drive at Summit Street." Section 2. This Ordinance shall take effect as provided by the City Charter. 921 Councillor Martineau introduced the following Order which was adopted. Tennis Courts . 1978 Rec. Dept. ORDERED: That the Salem Recreation Department include in their 1978 budget, Budget. under expenses, appropriate funds to be used to build another tennis court at Palmer Cove playground. 922 Councillor Martineau introduced the following Ordinance which was adopted for Ordinance Traffic Stop Signs fi first passage. Linden St. & Holly St In the year one thousand nine hundred and seventy-seven An Ordinance to amend an ordinance relative to traffic (Stop Signs) Be it ordained by the City Council of the City of Salem, as follows: _ Section 1. Chapter 15, Section 49, of the revised ordinances of the City of Salem, Massachusetts 1952, is hereby further amended by adding the following street in alphabetical order. Northerly bound traffic on Linden Street and Holly Street Section 2. This Ordinance shall take effect as provided by the City Charter. 923 Councillor Martineau introduced the following Ordinance which was adopted for Ordinance Traffic Parking Prohibited first passage. Porter Street In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to traffic (Parking Prohibited) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51, of the Revised Ordinances of the City of Salem, Massachusetts 1952, is hereby further amended by adding the following street in alpha- betical order. Porter Street, Southerly side. Section 2. This Ordinance shall take effect as provided by the City Charter. December 8, 1977 N `e 924 Ordinance Traffic Councillor Martineau introduced the following Ordinance which was adopted Service Zone Congress Street for first passage. In the year one thousand nine hundred and seventy-seven An Ordinance to amend an Ordinance relative to traffic (Service Zone) Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 15, section 13, of the revised Ordinances of the City of Salem, Massachusetts 1952, is hereby further amended by adding the following street in alphabetical order• "Congress Street, West side, beginning at the intersection of Ward Street and Congress Street and running South to the intersection of Harbor Street and Congress Street. i i Section 2. This Ordinance shall take effect as provided by the City Charter. 925 I Ad-Hoc Committee Councillor McCabe assumed the Chair for .Councillor Swiniuch. Zoning Enforcement Councillor Martineau in conjunction with Councillor Swiniuch introduced the following Order. 1 ORDERED: That an AD-HOC Committee be established to develop a program and methods of dealing with and enforcing the City of Salem's zoning laws as they pertain i to illegal rooming houses, illegal boarding houses and illegal dormitories. Said committee to be composed of the following seven members: 1. The City Solicitor, who shall sit as chairman 2. The zoning enforcement officer I 3. The Chairman of the Licensing Board 4. The Police Marshal or his designee 5. A member of the Salem City Council, to be appointed by the President of the Council. 6. The president of the Salem State College or his designee 7. The City Health Agent r Said Committee to meet at times and places as necessary to accomplish its task. q i BE IT FURTHER ORDERED: That said committee shall report its findings and recommendations to the Salem City Council within 60 days. I „ ;+ Councillor Cawley amended to delete Chairman of the Licensing Board and insert in its place a representative of the Board of Assessors, and further by deleting i s Police Marshal or his designee and inserting in its place Licensing Board Inspector. The Council adjourned for a two minute recess. Councillor Cawley requested and received unanimous consent to withdraw his amendment. December 8, 1977 Councillor Cawley then offered the following amendment, "Strike out Chairman of the Licensing Board and inserting Licensing Board Inspector, and deleting Police Marshal or his designee and inserting a member of the i Board of Assessors. Councillor Nowak's motion to lay, the matter on the table until the next regular ` meeting so the Councillors can get together on who should be members of the committee was defeated by a roll call vote of 5 yeas, 5 nays, and 1 abs. Councillors Bouley, Cawley, ^,ra•=a, McCabe, and Nowak were recorded as voting in the affirmative. Councillors Atkins, Martineau, Rochna, Saracen, and Swiniuch were recorded as voting in the negative. Councillor Plante was absent. Councillor Atkins' motion to divide the question was voted. AMENDMENT #1 Strike out Chairman of the Licensing Board and inserting Licensiig Board inspector was voted by a roll call vote of 7 yeas, 3 nays, and 1 abs. Councillors Atkins, Bouley, Cawley, Grace, McCabe, Nowak, and Rochna were recorded as voting in the affirmative. Councillors Martineau, Saraceno, and Swiniuch were record- ed as voting in the negative. Councillor Plante was absent. AMENDMENT #2 Delete Police Marshal or his designee and insert member of the Board of Assessors was voted by a roll call vote of 6 yeas, 4 nays, and 1 abs. Councillors Atkins, Bouley, Cawley, Grace, McCabe, and Nowak were recorded as voting in the affirmative. Councillors Martineau, Rochna, Saraceno, and Swiniuch were recorded as voting in the negative. Councillor Plante was absent. Councillor Grace amended to include a member of the Fire Prevention Bureau. The amendment was defeated by a roll call vote of 6 yeas, 4 nays, and 1 abs. Councillors Bouley, Grace, McCabe, and Nowak were recorded as voting in the affirmative. Councillors Atkins, Cawley, Martineau, Rochna, Saracen, and Swiniuch were recorded as voting in the negative. . Councillor Plante was absent. The original order was adopted as amended by a roll call vote of 9 yeas, 1 nay, and 1 abs. Councillors Atkins, Bouley, Cawley, Martineau, McCabe, Nowak, Rochna, c� f Saraceno, and Swiniuch were recorded as voting in the affirmative. Councillor Grace was recorded as voting in the negative. Councillor Plante was absent. The Order shall now read as follows: ORDERED: That an AD-Hoc Committee be established to develop a program and methods of dealing with and enforcing the City of Salem's Zoning Laws as they pertain to illegal rooming houses, illegal Boarding Houses and illegal Dormitories. Said Committee to be composed of the following seven members: zs�8 December 8; 1977 1 . The City Solicitor, who shall sit as Chairman 2. The Zoning Enforcement Officer 3. The Licensing Board Inspector 4. A member of the Board of Assessors 5. A member of the Salem City Council , to by appointed be the President of the Council 6. The President of the Salem State College or his designee 7. The City Health Agent Said committee to meet at the times and places necessary to accomplish its task. BE IT FURTHER ORDERED: That said committee shall report its findings and recommendations to the Salem City Council within 60 days. 926 RDINANCE Traffic Councillor Swiniuch introduced the following Ordinance which was adopted for first ne Way Street delete ebb Street passage. In the year one thousand nine hundred and seventy-seven An Ordinance to amend an Ordinance relative to Traffic. Be it ordained by the City Council or the City of Salem, as follows: Section 1 . Chapter 15, Section 10 (One Way Streets) 1976 supplement of the Revised Ordinances of the City of Salem 1952 is hereby amended by deleting the following street in alphabetical order: ''Webb Street, from the junction of Spring and Collins Street to Essex Street, in a Southerly Direction. (8/28/75 DPW 5-1070)' Section 2. This Ordinance shall take effect as provided by the City Charter. I 927 RDINANCE Traffic Councillor Atkins introduced the following Ordinance which was adopted for first mend. Emergency rteries passage. In the year one thoudand nine hundred and seventy-seven An Ordinance amending an Ordinance amending an Ordinance establishing Emergency Arteries. Be it ordained by the City Council of the City of Salem, as follows: Section 1 . Section 51C of Chapter 15, Article 5, Division 1 of the Ordinances of the t� City of Salem is hereby amended by striking Norman Street from Summer Street to North II1 611 Street; and Derby Street from Lafayette Street to Hawthorne Boulevard, and by substi- tuting the following: Norman Street From Summer Street To Margin Street Derby Street From Lafayette Street To Webb Street Section 2. This Ordinance shall take effect as provided by City Charter. 928 ent Grievance Roark Councillor Swiniuch introduced the following Order which was adopted. ORDERED: That the Salem City Council or its appropriate Committee study the 239 i i December 8, 1977 possibility of creating a Tenant' s and Rent Grievance Board within the City of Salem for the purpose of investigating tenant complaints relating to all aspects of rental housing. 929 Councillor Swiniuch introduced the following Order which was defeated by a roll Study of Electronic Voting System call vote of 2 yeas , 8 nays, and 1 abs. Councillor Cawley and Swiniuch were recorded as voting in the affirmative. Councillors Atkins, Bouley, Grace, Martineau, McCabe, Nowak, Rochna, and Saraceno were recorded as voting in the negative. Councillor Plante was absent. ORDERED: That the Salem City Council Committee on Municipal Services study the Pro' s and Con' s of the City' s Computer Card Voting System with particular attention given to the ease of voting or the difficulty of voting by the voter under the present system as opposed to the "Paper Ballot" method voting. 930 Councillor Swiniuch introduced the following Order. Councillor Cawley amended Salem Commcn Fencing that Said alternative structure of fencing to be consistent with the Historical and asthetic nature of the Salem Common and its environment. The Order was adopted as amended, so that it shall now read as follows: ORDERED: That the coordinator of the City' s Community Development Department develop a plan and proposal to arrive at an alternate structure of fencing for the Salem Common, Said alternatuve structure or fencing to be consistent with the Historical and asthetic nature of the Salem Common and its environment. Further that such plan and proposal be included in this years community develop- ment grant application. THE MEETING ADJOURNED AT 10:00 P.M. and reconvened at 10:05 P.M. 931 Councillor Swiniuch introduced the following Order which was adopted. Fencing along B&M Railroad Tracks along ORDERED: That the coordinator of the City' s Community Development Department Bridge Street consider the including in this years Community Development Grant Application a proposal for the funds necessary to provide necessary proper protective fencing along the Boston and Maine Railroad Tracks in the Area Between Bridge Street and the North River in Ward 11 . 932 Councillor Swiniuch introduced the following Order which was referred to the Central Clerical Supply Purchasing Committee on Municipal Services. ORDERED: That the City Administration develop and implement a system of central- ising the purchase, supply and inventory of all city department clerical supplies, excepting the Salem School Department. Said central system to include the purchasing, inventorying and the distribution of such clerical supplies for all above mentioned city departments. BE IT FURTHER ORDERED: That all city departments, excepting the Mayor's office and the Salem School Department adopt one (1 ) standard form of stationery heading, December 8, 1977 i including envelopes and that the purchase, inventory and distribution be under the control of the centralized clerical system. 933 dvertising Policy Councillor Swiniuch introduced the following Order which was referred to the Committee on Ordinances & Legal Affairs. ORDERED: That due to the extremely high cost of running the Municipal Govern= mental system that all Salem City Departments adhere to the following legal notice advertising policy that has been adopted by federal , state and other city and town governments. That when all city departments place legal advertising in the news media that is to be paid for by the City of Salem such advertising shall be of a print no larger than 1/16 of an inch, unless otherwise provided by state, federal or local laws or f � Ordinances. Further that all such advertising be submitted to a central distribution area to be designated by the City Administration prior to release to the news media for the purpose of assembling and forwarding to the news media in such a manner that all city legal advertising appear in the same advertising area of the news media. Council President Swiniuch assumed the Chair. 934 Granting Taxi Licenses Councillor Martineau offered the following report for the Committee on Licenses & Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of grant- ing certain licenses has considered said matter and would recommend that the follow- ing be granted. NEW LICENSES TAXI OPERATOR Dana Adams, 57 Green Street, Marblehead Robert F. Armstrong, 18 Bay View Avenue, Salem Raymond P. Conant, 122 Northridge Road, Beverly Robert Dolliver, 400 Jefferson Avenue, Salem t Alan C. Kurpes, 24 Ravena Avenue, Salem John M. Hughes, 5 Butler Avenue, Danvers Stephen P. Mahoney, 13 Hazel Street , Danvers J William H. Quirk, 29 Simon Street, Beverly I William Mullarky, 4 Pickman Road, Salem RENEWALS TAXI OPERATOR Dexter T. Robinson, 26 High Street, Salem 2`)1L December 8, 1977 935 Councillor Rochna offered the following report for the Committee on Finance. Appr. Beverly-Salem It was voted to accept the report and adopt the recommendation. Councillor Nowak Water Line Account was recorded as opposed. Ah The Committee on Finance to whom was referred the matter of an appropriation Iof $125,000.00 from "Surplus Revenue" Account to the "Replacement Beverly-Salem Water Line" Account has considered said matter and would recommend that the appropr- iation be adopted as recommended by the Mayor at the November 10, 1977 meeting. i 936 A communication was received from Mr. Anthony V. Fletcher, City Engineer, Traffic Needs on relative to the Traffic Needs on Marlborough Road. On the Motion of Councillor Grace, Marlborough Road it was voted that a copy be sent to the Municipal Services Committee and to the Community Development Coordinator for consideration under Community Development Funds. 937 The attendances records of certain boards and commissions was received and Aftendance records placed on file. 938 -940 The following Taxi Operator Applications were referred to the Committee on Taxi Operator Applica- tions Licenses & Permits. Ray St. Pierre, 25 Shore Avenue, Salem i David Scanlan, 9 Old Farm Road, Beverly 4 Walter E. Kuars, Jr. , 104 Elliott St. , Beverly 941 The Taxi Operator Renewal of Herbert Burton, 8 Adams Street, Salem, was ref- Taxi Operator Renewals erred to the Committee on Licenses & Permits. 942-945 The following Claims were referred to the Committee on Ordinances & Legal Claims Affairs. Mr. Joseph F. Henry, 33 Bow Street, Salem Mrs. Elaine S. Russell , 34 Central Street, Middleton Mary G. Wright, 30 Dunlap Street, Salem Mrs. Andrew McFarland, 2 Pierce Avenue, Salem 946-948 ® The following Bonds were referred the the Committee on Rules & Bonds and Sign Bonds Constable Bond returned approved. Sign Bond Olde Mill Eatery, Inc. , 48 Congress St. , Salem Constable David H. Janes, 94 Eastern Avenue, Lynn Joseph Kukas, 196 Lynn Street , Peabody 292 December 8, 1977 Jurors at Salem Councillor Bouley was appointed to draw one (1 ) Juror for the Salem Superior (Criminal ) Court January 3, 1978 sitting at Salem. 1 . Arlene R. O'Shea, 1 Lynn Street, At Home Jurors at Salem Councillor Bouley was appointed to draw four (4) Jurors for the Salem Superior Court January 3, 1978 sitting at Salem 1 . Lawrence L. Bertone, 30 Cherry Hill Avenue, Machinist 2. Paul J . Coughlin, 25 Osgood Street, Senate Page 3• Herbert J. Young, 15 Heritage Drive, Retired 4. Armand A. Beauchesne, 13 Clifton Avenue, Retired Buyer Jurors at Lawrence Councillor Martineau was appointed to draw four (4) jurors for the Salem Superior Court January 3, 1978 sitting at Lawrence. 1 . William R. Niland, 3 Williams Street, Letter Carrier 2. Rene J. St. Amand, 40 Butler Street, Inspector 3• Donald F. Kilduff, 47 Endicott Street, Technician 4. Elsie M. Miezwa, 60 Barstow Street, Housewife On the motion of Councillor Martineau, the meeting adjourned at 10:35 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 293 `y r, December 22, 1977 REGULAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 22, 1977 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on December 16, 1977 at 1:08 P.M. The was no one absent. Council President Richard E. Swiniuch presided. On the motion of Councillor McCabe it was voted to dispense with the reading of the record of the previous meeting. 949 The following Order, recommended by the Mayor, was adopted under suspension of the Appr. Election & { rules. Registration Expense ORDERED: That the sum of Four Thousand Six Hundred and Seventy-Two Dollars and ifty Cents ($4,672.50) be and the same is hereby appropriated from the "Surplus ; Revenue" Account to the "Election and Registration - Expense" Account in accordance ith the recommendation of His Honor the Mayor. 950 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Legal and Finance. Arbitration Expenses ORDERED: That the sum of Two Thousand Twelve Dollars and Sixty-Three Cents $2,012.63) be and the same is hereby appropriated from the "Surplus Revenue" Account n accordance with the recommendation of His Honor the Mayor. 951 The following Order, recommended by the Mayor, was adopted under suspension of the Appr. Water Bills ules. ORDERED: That the sum of One Thousand Dollars ($1,000.00) be and the same is ereby appropriated from the "Sewer Receipts Reserved for Appropriation" Account to the "Water-Bills" Account in accordance with the recommendation of His Honor the Mayor. 952 The following Order, recommended by the Mayor, was adopted under suspension of the Appr. North Shore Elder Services Inc. rules. ORDERED: That the sum of Seven Hundred Eighty-Seven Dollars and Eighty-Four i Cents ($787.84) be and the same is hereby appropriated from the "Meals for Aged - Title VII" Account in order to Pay "North Shore Elder Service, Inc." in accordance with the recommendation of His Honor the Mayor. 953 The following Order, recommended by the Mayor, was adopted. Councillors Grace Trans. Workmen's Compensation and Martineau were recorded as opposed. ORDERED: That the sum of Twenty-Seven Thousand Seven Hundred Thirty-Seven Dollars and Fifty-Two Cents ($27,737.52) be and the same is hereby transferred from the "School Department - Salaries" Account to the "Workmen's Compensation" Account as follows: 1. the sum of Twenty-Seven Thousand Six Hundred Seventy-Seven Dollars and Fifty- Two Cents ($27,677.52) to the "Salaries and Wages" Account 29 December 22, 1977 2. The sum of Sixty Dollars ($60.00) to the "Medical Account." In accordance with the recommendation of His Honor the Mayor. 954 Lease second Floor A communication was received from the Mayor submitting for Council 'consideration Old Salem High and approval a lease of the old Salem High School, second floor; to the Comprehensive \Q� Employment Training Act Administration, for use as office space;' This lease will provide approximately $40,000.00 annually to the City Treasury. �J k Councillor Bouley moved to waive the reading of the lease. It was so voted. Councillor Bouley moved that the Council approve the lease. Councillor Gouley then requested and, received unanimous consent to withdraw this motion. Councillor Atkins moved that the City Council enter into the lease of the second floor of, the old Salem High School and extend authority to the Mayor to also enter into the lease agreement. It was so voted by a unanimous roll call vote. LEASE LEASE dated as of 12:01 A.M. January 1, 1978 by and between the City of Salem, acting through its Mayor, Jean A. Levesque, the Salem School Committee, and the Salem City Council, (hereinafter called Lessor) and the C.E.T.A. Salem Subgrantee, acting through its chief executive officer, Jean A. Levesque and its Director, Lee Fremont-Smith (hereinafter called Lessee). 1. PREMISES The lessor hereby leases to the Lessee upon the terms and conditions herein set forth, the second floor, consisting of storage space, classroom space and office space in the amount of approximately square feet as appearing more particularly in the schedule of areas appearing as Appendix "A" (in the Lessor's building located at 79 Highland Avenue, Salem, Massachusetts and known as the former Salem Classical and High School), together with all appurtenant rights thereto belong- ing, including the parking area and entrances . Said building shall hereinafter be referred to as the Demised Premises. 2. TERMS To have and to hold the demised premises for a term of nine (9) months commencing at 12:01 A.M. on January 1, 1978 and expiring at midnight on September 30, 1978. \r� 3. RENT Rent shall be computed on the basis of $3.00 per square foot of space, the Y� total space to be determined by the area occupied on the date of each month that the rent is due. The rent is to be payable in advance on the 1st day of each month during the term hereof. E 295 December 22, 1977 If possession of the building or termination of this LEASE occurs on other than the last day of any month, said rent shall be equitably apportioned. 4. UTILITIES LESSEE Shall, during the term hereof, pay for all utilities, consumed on or in connection with the use and occupancy of the demised premises, including without l limitation water, gas, sewer, electricity and fuel. The LESSEE shall not be liable for that portion of said utilities consumed by or in connection with the operation of the Salem Vocational High School, which school adjoins the leased building and shares common utilities. 5. INDEMNIFICATION AND LIABILITY LESSEE shall indemnify and hold the LESSOR harmless from any and all claims for injury to person or damage to property by reason of any accident or happening on the demised premises unless caused by the fault or negligence of LESSOR or its agents, servants or employees. { 6. LESSOR'S ACCESS i LESSEE agrees that LESSOR upon reasonable advance notice to LESSOR (or without notice on case of emergency) may enter upon the demised premises at reasonable hours so as not to unduly interfere with the normal conduct of LESSOR'S business for the purpose of inspecting the same and making repairs thereto as it may be required or permitted to do under the terms of this lease. 7. EXPIRATION OF TERM Tenant at the expiration of the_term hereof, or at any prior termination as here- in provided, shall peaceably yield up the demised premises and all additions, improve- ments and alterations made thereupon in the same condition and repair as the same were in at the commencement of the term hereof, or may have been put in thereafter, reasonable wear and use, damage by fire or other casualty, acts of God, acts of war and the enemy and acts of paramount authority only, excepted. 8. ASSIGNMENT AND SUBLETTING LESSEE shall not transfer, sublet, assign, hypothecate or otherwise alienate this lease or LESSEE'S interest in and to all or any part of the demised premises, nor shall { LESSEE grant any person any license or permission to use the demised premises, without 1 LESSOR'S prior written consent on each occassion. 9. DEFAULT AND TERMINATION OF LEASE If the rent therein reserved shall not have been paid when due, and shall remain unpaid for ten (10) days after written notice by LESSOR to LESSEE, or if any of the other covenants, conditions and obligations of Tenant under this lease shall not be performed within thirty (30) days after notice by LESSOR to LESSEE thereof, or if by the nature of said default more than thirty (30) days shall be required to cure the same, if such curative action is not commenced withing thirty (30) days and diligently I pursued thereafter until completed, then it shall be lawful for the LESSOR, at the LESSOR'S option, but only during the continuance of such default, to declare the term of this lease ended. 10. REPAIRS { The LESSEE agrees with the LESSOR that, during this Lease, and for such further time as the LESSEE shall hold the leased premises or any part thereof, the LESSEE will at all times keep and maintain the leased premises and all equipment and fixtures therein or used therewith repaired, whole and of the same kind, quality and description Iand in such good repair, order and condition as the same are at the beginning of, or y may be put in during the term of any extension or renewal thereof, reasonable wear r and tear and damage by unavoidable casualty only excepted. The LESSOR and the LESSEE agree to comply with any responsibility which' either may have under applicable law to perform repairs upon the leased premises. If LESSEE fails within_a reasonable time, or improperly makes repairs, then and in any event or events, the LESSOR may (but shall not be obligated to) make such repairs and the LESSEE shall reimburse the LESSOR for the reasonable cost of such repairs in full, upon demand. 11. DELIVERY OF PREMISES In the event the LESSOR is not able through no fault of his own to deliver the leased premises to the LESSEE at the time called for herein, the rent shall be abated 4 on a pro rata basis until such time as occupancy can be obtained, which abatement shall constitute full settlement of all damages caused by such delay; the LESSOR shall be allowed reasonable time to deliver and shall make a good faith effort to deliver possession; if the LESSOR cannot deliver such possession within thirty (30) days from the beginning of said term, either the LESSOR or LESSEE may then terminate this Lease by giving written notice to the other and any payment made under this lease shall be forthwith refunded. I 12. CARE OF PREMISES The LESSEE shall not paint, decorate or otherwise embellish and/or change and shall not make nor suffer any additions or alterations to be made in or to the leased premises without the prior written consent of the LESSOR, nor made nor suffer any strip or waste, nor suffer the heat or water to be wasted, and at the termination of this Lease shall deliver up the leased premises and all property belonging to the I 'Q I LESSOR in good, clean and tenantable order and condition, reasonable wear and tear expected. 13. CONDITION OF PREMISES 't This Lease is conditioned upon: (a) the issuance of all permits necessary to occupy the demised premises by January 1, 1978 or within a reasonable time thereafter: and (b) the completion of the following repairs and renovations to the demised premises by January 1, 1978 or within a reasonable time thereafter: 2r December 22, 1977 A. Emergency lighting installed; B. All plumbing facilities on the second floor shall be operational; C. All electrical wiring servicing the second floor shall be approved by the City i of Salem Electrician; D. The heating and ventilation system shall be balanced and operational; E. All broken windows to be replaced; F. All doors to be repaired and operational; G. All fire extinguishers, fire hose and fire alarm service to be repaired .and operational. 4. TERMINATION This LEASE may (during its term) be terminated after sixty (60) days written otice for the following reasons: 1. The Federal Funds to LESSEE are terminated by Federal Government; 2. The Salem School Committee is prepared to make use of the demised premises for any purpose within its powers and duties under the laws of the Commonwealth of Massachusetts; 3. The demised premises are to be sold by the City of Salem pursuant to its power and duties under the laws of the Commonwealth of Massachusetts. 5. ENTIRE AGREEMENT This instrument contains the entire and exclusive agreement between the parties and supersedes and terminates all prior or contemporaneous arrangements, understandings, and agreements, either oral or written. This Lease may not be amended or modified, xcept by a writing executed by LESSOR and LESSEE. 6. GOVERNING LAW AND SEVERABILITY This Lease shall be governed by and interpreted in accordance with the laws f the Commonwealth of Massachusetts. In the event any provision of this Lease shall e determined to be invalid or unenforceable under applicable law such provision shall, nsofar as possible, be construed or applied in such manner as will permit enforcement; therwise this lease shall be construed as such provision had never made part hereof. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 19 R HE SALEM C.E.T.A. SUBGRANTEE, BY: THE CITY OF SALEM, BY: can A. Levesque, Chief Executive Jean A. Levesque, Mayor, City of Salem Officer Lee Fremont-Smith, Director Salem School Committee Salem School Committee Salem School Committee Salem School Committee Salem School Committee December 22, 1977 955 E First Passage - Ordinance Councillor Martineau introduced the following Ordinance which was adopted for Park. Prohibited Dow St. first passage. In the year one thousand nine hundred and seventy-seven. An Ordinance to amend an Ordinance relative to traffic (Parking Prohibited on c certain Streets) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51 of the Revised Ordinances of the City of Salem, Massachusetts, 1952, is hereby further amended by deleting the following street: Dow Street, Northerly side And is further amended by adding the following streets in alphabetical order: a Dow Street, Northerly side, beginning at the intersection of Prince Street and Dow Street to the distance of the intersection of Congress Street and Dow Street. And Dow Street, Southerly side. Section 2. This Ordinance shall take effect as provided by the City Charter. 956 Proper Licenses for Councillor Grace introduced the following Order which was adopted. City Vehicle Drivers ORDERED: That all City Employees who drive a city vehicle undergo an annual license check in January of each year to certify that they 'hold both a valid operator's license and any special licenses or permits to operate hydraulic equipment, heavy equipment, or other vehicles that require special licenses. Said list to be kept by the Central Motor Pool Department head. i 957 Refer unfinished busines3 Councillor Bouley introduced the following Order which was adopted. to incoming Council ORDERED: That all matters not acted upon by this City Council be referred to the incoming Council for appropriate action. 958 Elderly Parking Senior Councillor Rochna introduced the following Order which was adopted. Center ORDERED: That the Police Department erect signs immediately showing "Parking for Senior Center Members Only" from 8:00 A.M. to 5:00 P.M. daily at 5 Broad Street i Parking Lot. 959 Numbering Homes Councillor Grace introduced the following Order which was adopted. ORDERED: That a uniform code for numbering homes and businesses is to be est- ablished. Further, each home or business will have prominently displayed the number of said home or business. The Planning Department shall develop a program to accomplis the above; and the Police Department will enforce said program. 2�?fl C6 December 22, 1977 960 Councillor Martineau offered the following report for the Committee on Licenses Granting Licenses Taxi Operator and Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses and Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the ,following licenses be granted. NEW LICENSES j TAXI OPERATOR David Scanlon,- 9 Old Farm Road, Beverly Walter E. Kraus, Jr. , 104 Elliott Street, Beverly RENEWALS TAXI OPERATOR Herbert Burton, 8 Adams St. , Salem 961 Councillor Rochna offered the following report for the Committee on Finance. It Appr. Market Area Comm. Account was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the matter of an appropriation of $662.98 from "Surplus Revenue" to "Market Area Commission Account" has considered said I matter and would recommend that the appropriation be approved as recommended by the Mayor at the December 8, 1977 meeting. 962 Councillor McCabe offered the following report for the Committee on Ordinances & Zoning Pickman Park Legal Affairs. It was voted to accept the report. The Committee on Ordinances & Legal Affairs to whom was referred the amendment of the Zoning Ordinance changing the area near Pickman Park Ward 7, from R-3 to R-1 & R-C has considered said matter and would recommend that it be reported out favorably. On the motion of Councillor Cawley, it was voted to table the adoption. of the recommendation. 963 Councillor Saracen offered the following report for the Committee on Community Selling Property 23 Balcomb St. Development. It was voted to accept the report. The Committee on Community Development to whom was referred the sale of City owned jland at 23 Balcomb Street has considered said matter and would recommend that the City u' ` Council authorize Mayor Jean A. Levesque to sell the land located at 23 Balcomb Street to Val C. Machado for a sum not less than One Thousand, One Hundred and Seventeen Dollars ($1,117.00) with the following restriction; that no individual dwelling units be constructed on this lot. On the motion of Councillor Grace, it was voted that the matter of the adoption Of the recommendation be tabled, by a roll call vote of 7 yeas, and 4 nays. Councillors Atkins, Bouley, Grace, Martineau, McCabe, Nowak, and Rochna were recorded as voting in the affirmative. Councillors Cawley, Plante, Saraceno, and Swiniuch were recorded as voting in the negative. 300 December.-22.,. _137.7. 964 i Committee of Whole UDAG Councillor Cawley offered the following report for the Committee of the Whole. Resolution It was voted to accept the report and adopt the recommendation. The Committee of the Whole to whom was referred the matter of the 1977 Urban Development Action Grad Application has considered said matter and would recomm- end that the resolution as presented by the Mayor and as amended by the Committee of (� the Whole be approved, and further, that the accompanying Council order be approved. 965 ORDERED: That a UDAG Advisory Committee be formed in accordance with the UDAG Advisory Committee Resolution supporting the 1977 UDAG application. Said Committee to be comprised of 5 members to be selected as follows: 1. The Mayor or his designee (Who shall sit as chairman) 2. The Director of Community Development 3. Two City Councillors to be appointed by the Council President 4. One member to be selected by the above four members Said Committee to be formed in January 1978 and to meet monthly and advise on all aspects of the UDAG Grant. Said Committee to be governed by applicable City Council Rules and Cushings Manual. 966 Election Results A Communication was received from City Clerk Josephine R. Fusco submitting November 8, 1977 the following Election Results for the November 8, 1977 Municipal Election. MAYOR Jean A. Levesque COUNCILLORS-AT-LARGE Leonard A. Cawley, Jr. Joseph M. Centorino Brian T. O'Keefe Jean-Marie Rochna WARD COUNCILLORS Ward1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .George A. Nowak Ward 11. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Stanley J. Usovicz i Ward 111. . . . . . . . . . . . . . . . . . . . . . . . . . . .Stephen P. Lovely Ward IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . .Frances J. Grace a Ward V. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Jean-Guy J. Martineau Ward VI. . . . . . . . . . . . . . . . . . . . . . . . . . . . .George F. McCabe Ward VII. . . . . . . . . . . . . . . . . . . . . . . . . . . .James M. Daly SCHOOL COMMITTEE Daniel W. McHugh, Jr. Carl E. Petersen James T. Ryan QUESTIONS: 1. Measure to reorganize the Department of Public Words and create the position of Director of Public Services . 3.411 La P � W December 22, 1977 YES 7,693 NO 6,924 2. Measure to establish a salary for the Director of Public Services. YES 5,130 NO 9,127 I On the motion of Councillor Martineau, it was voted to accept the results and place them on file. l I 967 A communication from Council President Richard E. Swiniuch submitting for Council Deed for Veterans' Memorial on Salem Acceptance the deed for the Veterans ' Memorial on the Salem Common was received. Salem On the motion of Councillor Saraceno, it was voted that the deed be accepted. 968-973 The following Taxi Operator Applications were referred to the Committee on Licenses Taxi Operator I nd Permits. NEW APPLICATIONS Richard Carson, 41 Holton St. , Peabody Michael J. Doucette, 28 Williams St. , Salem Gerard C. Nadeau, 11 Madeling Ave. , Salem I Robert E. Wyman, 22 Mason St. , Salem RENEWALS = George A. Roy, 10 Bay View Circle, Salem Leo J. Fortin, 12'k Winter St. , Salem 974 The Card Reading License of Mr. Stewart Prue, 201 North Street, Salem, was referred Stewart Prue Card Reading License o the Committee on Licenses and Permits. I(( 975 The Claim of Joseph Claveau, 1000 Loring Avenue, Salem, was referred to the Committee Claim n Ordinances and Legal Affairs. 976-981 The following Sign Bonds were referred to the Committee on Rules and Bonds and Sign Bonds i returned approved. Toy Emporium, 16 Front St. , Salem I Toy Emporium, 16 Front St. , Salem Richdale Dairy Stores, 207 North St. , Salem lift Harvey Pekin, Pekin's Clothes Shop, 191 Essex St. , Salem i William F. Quinn & Richard E. Savoy, 15 Derby Sq. , Salem Gibbs Oil Co. , 110 Jefferson Ave. , Salem (919) The matter of second reading of the New Council Rule 32-C amending Rules & Orders, Second Reading 32-C Rules & Orders as then taken up. It was voted to adopt the Rule for second and final reading on the otion of Councillor Cawley '302 I December 22, 1977 (916 Second Passage Sewer The matter of second and final passage of an Ordinance to repeal an Ordinance a Use Ordinance as amended adopted July 14, 1977 and amend an Ordinance adopted April 8, 1976, relative to the use of sewers and, s'ewer Charges was then taken up. On the motion of Councillor Saraceno, it was adopted for second and final passage. Councillor Swiniuch was a recorded as opposed. (920 Second Passage Ordinance The matter of second and final passage of an Ordinance amending Traffic Isolated Stop Sign Crescent Dr. Summit St. Chapter 15, Sec. 49, Isolated Stop Signs at Crescent Drive at Summit Street, East and West Traffic, was then taken up. On the motion of Councillor Grace, it was adopted for second and final passage. (922) Second Passage Ordinance The matter of second and final passage of an Ordinance to amend an Ordinance a'Stop Sign Linden & Holly Streets relative to Traffic, Stop Sign, Northerly bound traffic on Linden and Holly Streets was then taken up. On the motion of Councillor Martineau, it was adopted for second and final passage. (923) Second Passage Ordinance The matter of second and final passage of an Ordinance to amend an Ordinance Parking Prohibited Porter St. relative to Traffic, Parking Prohibited, Porter Street, Southeasterly side, was then taken up. On the motion of Councillor Martineau, it was adopted for second and final passage. (924 Second Passage Ordinance The matter of second and final passage of an Ordinance to amend an Ordinance Service Zone Congress Street relative to traffic, Service Zone, Congress Street, was then taken up. On the motion of Councillor Martineau, it was adopted for second and final passage. (926) Second Passage OrdinanceThe matter of second and final passage of an Ordinance to amend an Ordinance One Way Streets. Webb Street relative to Traffic, One Way Streets, Webb Street, was then taken up. On the motion of Councillor McCabe, it was adopted for second and final passage. (927) Second Passage Ordinanc The matter of second and final passage of an Ordinance to amend an Ordinance Emergency Arteries as Amended establishing Emergency Arteries, Norman Street from Summer Street to Margin Street, and Derby Street from Lafayette Street, to Webb Street, was then taken up. On the motion of Councillor Saraceno, it was adopted for second and final passage. Councillor Saraceno requested consent to take up the matter of Cable Television. Council President Swiniuch ruled that the motion was out of order. December 22, 1977 Councillor McCabe rose at this time to commend the five out-going Council members for their service to the City Council and thanked them and wished them all well. On the motion of Councillor Saraceno, the meeting adjourned at 9: 35 P.M. ATTEST, JOSEPHINE R, FUSCO CITY CLERK i I 3�►g r �� i A i g � ( i i i I ' r o CITY GOVERNMENT. . . . . . . . . . 1978 s F, MAYOR k� JEAN A, LEVESQUE i COUNCILLORS-AT-LARGE LEONARD A, CAWLEY, JR. JOSEPH M, CENTORINO BRIAN T. O'KEEFE JEAN-MARIE ROCHNA WARD COUNCILLORS WARD ONE. . . . . . . . . . . . . . . . . . . . . . . .GEORGE A. NOWAK WARD TWO. . . . . . . . . . . . . . . . . . . . . . . .STANLEY J. USOVICZ, JR. WARD THREE. . . . . . . . . . . . . . . . . . . . . .STEPHEN P. LOVELY WARD FOUR. . . . . . . . . . . . . . . . . . . . . . .FRANCES J. GRACE WARD FIVE. . . . . . . . . . . . . . . . . . . . . . .JEAN-GUY J. MARTINEAU WARD SIX. . . . . . . . . . . . . . . . . . . . . . . .GEORGE F. MCCABE WARD SEVEN. . . . . . . . . . . . . . . . . . . . . .JAMES M. DALY PRESIDENT OF THE CITY COUNCIL. . . . . . . . . . . . . . .LEONARD A. CAWLEY, JR. r I \ 305 1978 A. meeting of the City Council was held in the Council Chambers on Monday, January 2, 1978 at 10: 00 A.M. for the purpose of organizing the City Council for the year 1978. Notice of this meeting was posted on December 29, 1977 at 11:26 A.M. There was no one absent. City Clerk, Josephine R. Fusco called the meeting to order and requested senior F member George F. McCabe to assume the chair. Temporary President George F. McCabe then called upon Reverend Herbert J. Leger of St. Anne's Church for the invocation. Temporary President George F. McCabe then called upon City Clerk Josephine R. Fusc o to administer the oath of officer to Mayor Jean A. Levesque. Temporary President McCabe then called upon Rabbi Dov Pikelny from the Temple Shalom for a prayer. Temporary President McCabe then called upon City Clerk Josephine R. Fusco to is administer the oath of officer to the members of the City Council. 1. Councillor Usovicz introduced the following Order which was adopted. Election President ORDERED: That the City Council proceed to organize for 1978 by the election of a President. Councillor Grace nominated Councillor Cawley. Councillor Usovicz seconded the motion. Councillor Lovely moved the nominations be closed. Temporary President McCabe declared Councillor Leonard A. Cawley, Jr. , President j of the City Council for the year 1978 by a roll call vote of 8-1-2. Voting for Councillor Cawley were Councillors Centorino, Daly, Grace, Lovely, McCabe, O'Keefe, Rochna, and Usovicz. Councillor Cawley voted for Councillor Frances J. Grace. Councillors Martineau and Nowak were recorded as voting present. Temporary President McCabe appointed Councillors Grace and Usovicz to escort President Leonard A. Cawley, Jr. to the Chair. President Leonard A. Cawley Jr. assumed the Chair and thanked the City Council for electing him President. e 2. Councillor Centorino introduced the following Order which was adopted. City Documents (r� ORDERED: That the Purchasing Agent be authorized and instructed to solicit bids Y\\ for printing and binding the City Documents of 1977 and execute a contract therefor, the details of preparation and execution of the work to be done under the direction P and control of the City Clerk. 306 1978 3. a Pocket Manuals Councillor Daly introduced the following Order which was adopted. ORDERED: That the City Clerk be and hereby is authorized and directed to prepare and have printed a pocket manual for the use of the Members of the City Council and City Officers, the cost of same not to exceed Twelve Hundred Fifty Dollars ($1,250.00) a said sum to be charged to the regular appropriation of the City Council. �. 4. Review Rules & Orders Councillor O'Keefe introduced the following Order which was adopted. ORDERED: That the City Council meet in Committee of the Whole at 7:00 P.M. On Tuesday, January 10, 1978 for the purpose of reviewing the rules and orders of the City Council and making recommendations for adoption of rules and orders prior to the first regular meeting of the City Council. a Council President Cawley called upon Mayor Jean A. Levesque to administer the oath of office to the School Committee. Council President Cawley requested the City Council to retire to the Mayor's Offic r so that the School Committee could organize for the year 1978. The Council Reconvened. President Cawley assumed the Chair. 5. Mayor Address Council Councillor McCabe introduced the following Order which was adopted. ORDERED: That His Honor the Mayor, be invited to address the members of the Council at this session. President Cawley called upon Mayor Jean A. Levesque to deliver his Inaugural Address. President Cawley thanked Mayor Levesque on behalf of the City Council and Himself for the informative address. President Cawley called upon Reverend Charles 0. Barber, First Universalist Church, who gave the Benediction. On the motion of Councillor O'Keefe the meeting adjourned at 10:50 A.M. i ATTEST: JOSEPHINE R. FUSCO CITY CLERK 307 JANUARY 12, 1978 A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 12, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 5, 1978 at 10:55 A.M. There was no one absent. President Leonard A. Cawley, Jr. presided. On the motion of Councillor McCabe, it was. voted to dispense with the reading of the record of the previous meeting. I 6 The Mayor's appointment of Mr. Joseph Charles Affanato as Executive Director Appt. Joseph Affanato Director J. Robert j of the J. Robert Shaughnessy Rehabilitation Hospital was held until the next meeting Shaughnessy Rehab. Hospital under the rules. 7 The Mayor's appointment of Reverend Charles 0. Barber as a member of the Human Appt. Rev. Charles 0. Barber Human Rights Rights Commission for a term of two years expiring January 31, 1980, was held until Commission the next meeting under the rules. 8 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Off Street Parking Expenses Finance. i ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) be appropriated • from the "Off Street Parking Receipts" Account to the "Off-Street Parking Expenses" Account for the purpose of a Comprehensive Circulation and Parking Study for the Salem Central Business District and Derby Street-Summer Street Travel Corridors. 9 The following Order, recommended by the Mayor, was adopted under suspension of Appr. Seven Hodges Court the rules. ORDERED: That the sum of Four Thousand Seven Hundred Seventy-Three Dollars ($4,773.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Seven Hodges Court" Account in accordance with the recommendation of His Honor the Mayor. 10 The following Order, recommended by the Mayor, was adopted under suspension of Appr. Election & Registration Expense the rules. ORDERED: That the sum of Three Thousand Three Hundred Fifteen Dollars and Forty-Six Cents ($3,315.46) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Election and Registration - Expense" Account in accordance with the recommendation of His Honor the Mayor. 11 The following Ordinance, submitted by the Mayor, was referred to the Committee Ordinance Salary Schedule Executive on Personnel & Salaries. Director Long Term Care Facility 341£ JANUARY 12, 1978 In the year one thousand nine hundred and Seventy-Eight a An Ordinance to amend an Ordinance relating to classification and salary schedule of certain employees of the City of Salem, said Ordinance effective January 1, 1978. Be it ordained by the City Council of the City of Salem, as followsc Section 1. Section 2 (b) Job Group 51 Long Term Care Facility Executive Director, Annual Salary is hereby amended by deleting the following: "Executive Director Annual Salary - $22,418.00" and adding in its place thereof the following: "Executive Director Annual Salary - $28,600.00" Section 2. This Ordinance shall take effect as provided by the City Charter. R 12 "OMBUDSMAN" Ordinance The following Ordinance was received:,from the Mayor. Establishing position In the year one thousand nine hundred and seventy-eight An Ordinance to establish the position and duties of Ombudsman. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Section 54 of the Salem Code of Ordinances is hereby amended by adding the following new section: Chapter 2, Section 2-55 a. The Mayor may appoint in accordance with the provisions of Chapter 2, Section 2-39 of the Salem Code of Ordinances an Ombudsman. b. The Ombudsman shall serve as a liaison officer between the City and its residents. He shall be familiar with all aspects of the City government and shall make himself acquainted with the functions and activities of the various officers and employees of the City. C. The Ombudsman shall familiarize himself with the various services rendered by the City to its residents, so that he can inform citizens of the extent of these services and of the schedules for their performance. d. The Ombudsman shall document all questions asked concerning the City government or its activities, shall reply to all questions concerning City government and its activities, and shall furnish the citizens with full information as to any problems or questions they may have concerning the City government. e. It shall be the duty of every officer and employee of the City to cooperate fully with the Ombudsman in the performance of his duties, provided that whenever possible, the ombudsman shall deal with the heads of departments of boards rather than with an individual employee thereof. f. The Ombudsman shall occupy a working area located in the Office of the Dir- ector of Public Works, in recognition that the greatest portion of direct public services provided by the city government are directed to the area bf this Department. 309 JANUARY 12, 1978 Section 2. Chapter 2, Section 2-39 of the Salem Code of Ordinances is hereby amended by inserting the word "Ombudsman" following the word "Secretary" and before the word "and". Section 3. This Ordinance shall take effect as provided by the City Charter. Councillor Centorino's motion to waive the reading of the Ordinance was so voted. Councillor Centorino amended to delete the Ordinance as submitted by the Mayor in its entirety and insert in place thereof a new Ordinance. The amendment was voted by a unanimous roll call vote of 11 yeas. The meeting recessed at 8:15 P.M. and reconvened at 8: 18 P.M. Councillor McCabe moved that the Ordinance as amended be referred to the Committee on Personnel & Salaries to be reported out at the next regular meeting. It was so voted by a roll call vote of 6 yeas, 5 nays, and 0 abs. Councillors Grace, Lovely, McCabe, Nowak, O'Keefe, and Rochna were recorded as voting in the affirmative. Councillors Centorino, Daly, Martineau, Usovicz, and Cawley were recorded as voting in the negative. The Ordinance shall now read as follows: In the year one thousand nine hundred and Seventy-eight An Ordinance to establish the position and duties of Ombudsman Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 2. Section 54 of the Salem Code of Ordinances is hereby amended by adding the following new section: Chapter 2, Section 2-55 A. The Mayor, subject to confirmation by the City Council, may appoint an Ombudsman for a term of two years, which term shall be coterminous with the term of the Mayor. b. The ombudsman shall serve as a liaison officer between the City and its residents. He shall be familiar with all aspects of the City government an} shall make himself acquainted with the functions and activities of the various officers and employees of the City. C. The ombudsman shall familiarize himself with the various services rendered by the City to its residents, so that he can inform citizens of the extent of these services and of the schedules for their performance. d. The ombudsman shall document all questions asked concerning the City government or its activities, shall reply to all questions concerning City Government and its activities, and shall furnish the citizens with full information as to any problems or questions they may have concerning the City government. JANUARY 12, 1978 e. It shall be the duty of every officer and employee of the City to cooperate fully with the ombudsman in the performance of his duties, provided that whenever possible, the ombudsman shall deal with the heads of departments or boards rather than with an individual employee thereof. ties. f. The ombudsman shall make periodic reports on a monthly basis of his activi- i g. Unless sooner removed, the ombudsman shall serve until the qualification of his successors, and vacancies other than by reason of expiration of term shall be fil- led by appointment and confirmation for the balance of the unexpired term. The Mayor may file written charges against the ombudsman for misfeasance, nonfeasance or malfeasance in office, and such ombudsman may be removed, after a hearing on such charges by a two-thirds (2/3) vote of the City Council. Any ombudsman against whom charges have been filed shall be given a written and attested copy of said charges and written notice of thedate and place of such hearing not less than fourteen (14) days before said hearing. A public hearing shall be held only at the request of the ombudsman against whom charges have been filed, and such ombudsman shall be afforded the right to be represented by counsel and an opportunity to be heard in his own defense. Section 2. This Ordinance shall take effect as provided by City Charter. 13 Salary Schedule The following Ordinance, recommended by the Mayor, was referred to the Committee Ombudsman on Personnel & Salaries to be reported out at the next regular meeting. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Salary and Classification Schedule of certain City Employees effective in the City of Salem January 1, 1978. Be it ordained by the City Council of the City of Salem as follows: Section 1. Section 2, Job Group XII is hereby amended by adding the following position. "OMBUDSMAN" STEP I STEP II STEP III $254.25 $275.10 $284.50 Section 2. This Ordinance shall take effect as provided in City Charter. 14 ppr. Mayor's Office The following Order, recommended by the Mayor, was referred to the Committee Salary & Wage Account on Finance under the rules. ORDERED: That the sum of Six Thousand Eight Hundred Twenty-Eight Dollars ($6,828.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Mayor's Office - Salaries and Wages" Account in accordance with the recommendation of His Honor the Mayor. 311 JANUARY 12, 1978 15 A communication was received from the Mayor requesting City Council approval of Easement Salem & Beverly Request an extension of time relating to an Easement granted by the Cities of Salem and Beverly, approval of Extension ,i to construct a way. On the motion of Councillor O'Keefe, it was voted that the extension be granted. 16 A communication was received from the Mayor relative to the dissolution of Think Dissolution of Funds Think Rink, Inc. Rink, Inc. , and requesting City Council approval of the distribution of assets to par- ticipating Communities. On the motion of Councillor O'Keefe, it was voted to waive the reading of the enclosed documents. i Councillor O'Keefe then introduced a Resolution on the Distribution of Funds. i RESOLUTION WHEREAS, The public minded citizens of the City of Salem will be best served by a fair redistribution of those assets of Think Rink, Inc. , donated by said citizens, BE IT RESOLVED THAT: All thereof should be given to the City of Salem Recreation Department to be divided into two separate equal funds; the income and principal of the first fund shall be expended only for youth hockey and ice skating activities, subject to the limit- ation that no more than 5 percent of the principal and all of the current and any accumulated income may be so expended in any single year; the income and principal of the second fund shall be expended only for other general youth sport activities, subject to the same annual percentage limitations as are imposed on the first fund. The Resolution was adopted by a roll call vote of 10 yeas, 0 nays, and 1 voting present. Councillor Martineau was recorded as voting present. 17 The Mayor's appointment of Mr. Donald Gillis, Jr, as a Constable for a term begin- Constable ning January 15, 1978, was received and filed. 18 The Mayor's appointment of Mr. Robert D. Bowes as a member of the Market Area Appt. Robert Bowes Market Area Management Management Commission for a term expiring November 1, 1979, replacing Robert DeGrasse, Commission was received after the deadline of Tuesday Noon. Councillor Daly moved suspension of the rules. There was no objection. The matter was then taken up. The appointment was held until the next meeting under the i rules. 19 Councillor Martineau introduced the following Ordinance which was referred to the Ordinance Increase Council Salary Committee of the Whole. In the year one thousand nine hundred and seventy-eight. An Ordinance to amend an Ordinance establishing compensation for the City Council. Be it ordained by the City Council of the City of Salem, as follows: Section 1, That Article III, Sec. 2-123 (Compensation of Members; additional compensa- X3-1 N JANUARY 12, 1978 e tion for President) is hereby repealed and that the Revised Ordinances of the City of Salem Massachusetts are hereby further amended by substituting the following new Section 2-123, so that it reads as follows: Section 2. Compensation of Members of the City Council, effective January 2, 1978, the members of the City Council shall receive the sum of Four Thousand Dollars ($4,000.00) each, per annum for their services payable in equal monthly installments. The President of the City Council shall receive an additional one thousand dollars ($1,000.00) per annum, Section 2. This Ordinance shall take effect as provided by the City Charter. 20 Status Prospect Ave. Councillor Grace introduced the following Order which was adopted. ORDERED: That the City Solicitor respond to Mr. & Mrs. Joseph Connolly, 116 Boston Street, Salem as to the status of Prospect Avenue. Council President Cawley appointed Councillor Grace as a Committee of One to see that the City Solicitor takes the appropriate action. 21 Amending Council Rule Councillor Usovicz introduced the following Order to amend Council Rule 28-A, 28-A which was held until the next meeting under the rules. ORDERED: Amend Council Rule 28-A by deleting everything after the phrase" . . . .received by the City Clerk no later than 56 hours prior to such regular meeting. ." and inserting in its place the following: "Not to include any matters which the Council President shall deem to be of a nature requiring suspension of this rule or any matter for which the City Council may suspend this rules. Provided, however, that where a provision of the General Laws or the Charter of the City of Salem allows a certain time period prior to submission of a matter to the City Council and this rule reduces such certain time period, the rule shall not apply. 22 Amend Council Rules Councillor Usovicz introduced the following Order to amend the Council rules Adding Section 32-D by adding Section 32-D. It was held until the next meeting under the rules. ORDERED: Amend the Council Rules and Orders by adding Rule 32-D as follows: "All Ordinances appearing before the City Council Shall stand referred to the i Council Committee on Ordinances and Legal Affairs. This urle shall apply to all ALL Ordinances appearing on the Council Agenda subject to Rule 28-A. Unless otherwise directed by the City Council, Council Committee on Ordinances and Legal Affairs on all matters referred to it under this rule shall report only as to the form of the Ordinance in question." 23 Ordinance Traffic Councillor Grace introduced the following Ordinance. President Cawley moved Tow Zones Federal St. Bridge Street that the matter was out of order because the Ordinance must be accompanied by a written recommendation by the Salem Police Traffic Department under Council Rule 32-A. 313 i __JANUARY 12, 1978 _ Councillor McCabe requested and received unanimous consent to suspend the rules. I The matter of the Ordinance was then taken up. The Ordinance was adopted for first passage, and Councillor Grace is to get Traffic Division approval prior to i Second and final passage. 1 In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (NO PARKING TOW ZONES) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Article 5-A, Section 74 of the Salem Code of Ordinances is hereby amended by adding the following streets: 1 (n) Bridge Street Three Hundred and Seventy Feet (370') northerly side from the entrance of the Municipal Parking Lot in an easterly direction. (o) Federal Street Two Hundred and Seventeen Feet (217') from North Street in an easterly direction. Section 2. This Ordinance shall take effect as provided by City Charter. 24 Councillor McCabe introduced the following Order which was adopted. Federal Aid for Libraries ORDERED: That the attached correspondence relating to Federal Aid to Libraries be referred to: 1. The Library Trustees 2. The Planning Department for investigation and appropriate action in so far as such aid would concern the closed North Branch Library and the Library program, further, that their respective findings and recommendations be sent to the Council. 25 Councillor Grace offered the following Report for the Committee on Licenses Granting Taxi License Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of grant- in certain licenses has considered said matter and would recommend that the following ' d e granted. NEW LICENSES AXI OPERATOR Richard Carson, 41 Holten Street, Peabody Michael Doucette, 28 Williams Street, Salem Gerard C. Nadeau, 11 Madeline Avenue, Salem Robert E. Wyman, 22 Mason Street, Salem RENEWALS AXI OPERATOR George A. Roy, 10 Bay View Circle, Salem Leo J. Fortin, 12' Winter St. , Salem 314 JANUARY 12, 1978 26 Sealing Fees for A communication was received from Normand Bedard, Acting Sealer, relative a 1978 to the New Sealing Rates effective January 1, 1978. On the motion of Councillor Martineau, the communication was received and filed. 27-30 Taxi Operator .4pplic. The following Taxi Operator Applications were referred to the Committee on a Licenses & Permits. William Burns, 92 Federal Street, Salem Milton Debarge, 99 Mason Street, Salem Michael Ditroia, 107 Rainbow Terrace, Salem Ronald Linger, 9 Mason Street, Salem , 31 a Taxi Operator Renewals A list of Taxi Operator Renewal Licenses were referred to the Committee on Licenses & Permits. 32-33 Claims The following Claims were referred to the Committee on Ordinances & Legal I Affairs. P Evelyn R. Nelson, 20 Morton Avenue, Saugus 2 Mary C. Roberts, 12 Pope Street, Apt. A-115, Salem `i 34 Bond - Public Offic. The Public Official Bond of Josephine R. Fusco, City Clerk, was referred Josephine R. Fusco to the Committee on Rules & Bonds and returned approved. (955) Second Passage The matter of second and final passage of an Ordinance relative to Traffic, Ordinance Traffic Park. Prohib. Dow St. Parking Prohibited on certain street, Dow Street was then taken yp. On the motion of Councillor Martineau, the Ordinance was adopted for second and final passage. 35 Increase Mayor's Councillor Martineau brought up the Committee report of the 1977 Committee Salary (SEE X6576 1977) on Personnel & Salaries as adopted on October 27, 1977 referring the matter of an increase in the Mayor's salary to $25,000.00, to the 1978 Council. The report was h accepted and the recommendation was adopted with the following amendment as introduced by Councillor Martineau, "The Mayor's salary be increased to $30,000.00 effective January 1, 1979." The amendment was adopted by a roll call vote of 7 yeas, and 4 nays. Councillors Daly, Grace, Martineau, McCabe, O'Keefe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Lovely, Nowak, and Usovicz were recorded as voting in the negative. Councillor Centorino Moved that the matter as amended by referred to the Committee on Personnel & Salaries. Councillor Centorino then requested and received unanimous consent to withdraw his motion. 1 3A : I` A. JANUARY 12, 1978 Councillor Daly moved that the matter of the question be taken up. It was so voted by a roll call vote of 10 yeas, and 1 nay. Councillor Usovicz was recorded as voting in the negative. Councillor Centorino moved that the Committee Report as amended be referred to the Committee on Personnel & Salaries. It was so voted by a roll call vote of 6 yeas, and S nays. Councillors Centorino, Lovely, McCabe, Nowak, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Daly, Grace, Martineau, O'Keef , and Cawley were recorded as voting in the negative. Jurors Councillor Grace was appointed to draw four (4) jurors for the January 30, 197 at Salem Salem Superior Court sitting at Salem 1. Mary Ellen Maloney, 12 Pope Street, A-108, Site Manager 2. Donna Rediker, 46 Warren Street, Medical Reciptionist 3. June P. Call, 99 North Street, Counter Girl 4. Wallace A. Lipsett, 29 Dearborn Street, At Home Jurors Councillor Lovely was appointed to draw four (4) jurors for the February at Salem it 6, 1978 Salem Superior Court Sitting at Salem. 1. Theresa G. Bernier, 18 St. Paul Street, Telephone Operator 2. Jeremiah Twomey, 204 Jefferson Avenue, Laborer 3. Zigmut P. Obremski, 17 Hardy Street, Retired 4. Margie K. Lavender, 36 Appleton Street, Officer Manager Jurors Councillor Daly was appointed to draw four (4) jurors for the February 6, 1978 at Lawrence Salem Superior Court Sitting at Lawrence. 1. Richard W. Lutts, 90 Orne Street, Sales Manager 2. Constance Rybicki, 12 Union Street, Housewife 3. Lionel J. Michaud, 11 Belleau Road, Supervisor 4. Agnes K. Brennan, 18 Memorial Drive, Saleslady On the motion of Councillor McCabe, the meeting adjourned at 9:47 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 31 4i JANUARY 26, 1978 r A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 26, 1978, for the purpose of transacting any and all business. Notice of this s meeting was posted on January 19, 1978, at 10:41 A.M. There was no one absent. President Leonard A. Cawley, Jr. presided. �)r 1 35^A Councillor Nowak' s motion to waive the reading of the appointments was so voted. UU Appt. Charles T. The Mayor' s appointment of Mr. Charles T. Passales as City Auditor for the term Passales City Auditor of one year effective February 1 , 1978, was held until the next meeting under the rules. Appt. Thomas G. The Mayor' s appointment of Mr. Thomas G. Sullivan as City Collector for the term Sullivan City Collector of one year effective February 1 , 1978, was held until the next meeting under the rules. Appt. Lawrence D. The Mayor's appointment of Mr. Lawrence D. Buckley as City Treasurer for the term Buckley City Treasurer of one year effective February 1 , 1978, was held until the next meeting under the rules. i. Appt. James L. Foley The Mayor 's appointment of Mr. James L. Foley as Superintendent of Shade Tree and Supt. Shade Tree & Moth Suppression Moth Suppression for the term of one year effective February 1 , 1978, was held until the next meeting under the rules. I, E Appt. John A. Cordon The Mayor's appointment of Mr. John A. Condon as City Electrician for the term of City Electrician one year effective February 1 , 1978, was held until the next meeting under the rules. Appt. Mary A. Swift The Mayor's appointment of Mary A. Swift as Purchasing Agent for the term of one Purchasing Agent year effective February 1 , 1978, was held until the next meeting under the rules. Appt. W. Gregory Senko The Mayor's appointment of Mr. W. Gregory Senko as Planning Director for the term Planning Director of one year effective February 1 , 1978, was held until the next meeting under the rules. ppt. Richard S. The Mayor's appointment of Mr. Richard S. Fabiszewski as Data Processing Coordina- Fabiszewski Data Pro- cessing Coordinator for for the term of one year effective February 1 , 1978, was held until the next meet- ing under the rules. ppt. John B. Po.vers The Mayor's appointment of Mr. John B. Powers as Zoning Enforcement Officer for oning Enforcement fficer the term of one year effective February 1 , 1978, was held until the next meeting under f the rules. ppt. Anthony V. The Mayor's appointment of Mr. Anthony V. Fletcher as Director of Public Services letcher Director of ublic Services for the term of two years effective February 1 , 1978, was held until the next meeting under the rules. 36 ppt. Charles E. Gagnon The Mayor's appointment of Mr. Charles E. Gagnon as a member of the Board of Cemet- d. of Cemetery Comm- issioners ery Commissioners for a term of 3 years expiring December 31 , 1980, replacing Mr. Bert- rand G. Voyer, was held until the next meeting under the rules. JANUARY 26, 1978 The Mayor's appointment of Mr. 37 Philip H. Saindon as a member of the Board of Appt. Philip H. Saindon : Health for the term of 3 years expiring the first Monday in February, 1981 , replacing Board of Health Dr. J . Robert Shaughnessy, was held until the next meeting under the rules. 38 • The Mayor's appointment of Mr. Steven M. Sklover as a member of the Board of Park Appt. Steven M. Sklover Commissioners for the term expiring May, 1978, replacing Mr. Joseph Wineapple, was Bd. of Park Commission held until the next meeting under the rules. 39 The Mayor's appointment of Mr. Maurice Martineau as a member of the Recreation Appt. Maurice Martineau Recreation Commission Commission for the term expiring January 26, 1983, replacing Mr. Robert O'Meara, was held until the next meeting under the rules. 40 The Mayor 's appointment of Mrs . Yvonne Lysiak as a member of the Salem Housing Appt. Yvonne Lysiak Salem Housing Auth. Authority for a term of 5 years expiring February 1 , 1983, replacing John J. Walsh, was held until the next meeting under the rules. 41 The Mayor 's reappointments of the following people to the following Boards and Re-Appointments Boards Commissions n Commissions were held until the next meeting under the rules. NAME BOARD OR COMMISSION TERM EXPIRING Suzanne M. Levesque Cultural Arts Commission February 1 , 1981 Suzanne Levesque Cultural Arts Comm. Effie J. MacDonald Board of Health February 1 , 1981 Effic J . MacDonald Board of Health Joseph R. Richard Board of Health February 1 , 1981 Joseph R. Richard Board of Health Atty. Richard E. Savoy Human Rights Commission January 31 , 1981 Richard E. Savoy Human Rights Comm. Stephen Hemingway Human Rights Commission January 31 , 1981 Stephen Hemingway Human Rights Comm. 42 The Mayor 's appointment of the following Constables for 1 year effective February Constables 1 , 1978, was received and filed. Donald B. Cook, 34 Orne Street, Salem John L. Paglierani , 579 Lincoln Avenue, Saugus Anthony Tonelli , 48 Orne Street, Salem 43 The following Order was recommended by the Mayor. Appr. Water Dept. Buildings ORDERED: That the sum of One Thousand Fifty-Four Dollars and Twelve Cents ($1 ,054. 12) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Public Property Department - Expenses, Water Department Buildings" Account in accordance with the recommendation of His Honor the Mayor. Council president Cawley stated that this item had been deleted from the budget, and therefore, he ruled the matter out of order and was not before the Council . 31 ' i Y� JANUARY 26, 1978 44 Appr. Snow and Ice The following Order, recommended by the Mayor, was adopted under suspension of Salaries &Expense the rules. ORDERED: That the sum of One Hundred Seventy-Five Thousand Dollars ($175,000.00) be and the same is hereby appropriated from the "Overlay Surplus" Account to the following : 06, I 1 . The sum of Twenty-Five Thousand Dollars ($25,000.00) to the "Snow and Ice- Salaries" Account 2. The sum of One Hundred Fifty Thousand Dollars ($150,000.00) to the "Snow and Ice-Expense" Account. In accordance with the recommendation of His Honor the Mayor. 45 Trans. Public Property The following Order,' recommended by the Mayor, was adopted on the motion of Departmental Expense `` Councillor Martineau. I ORDERED: That the sum of One Thousand Two Hundred Seventy-Four Dollars and Eighty- ,y i Nine Cents ($1 ,274.89) be and the same is hereby transferred from the "Public Property- Special Items" Account to the "Public Property - Departmental Expenses" Account in accordance with the recommendation of His Honor the Mayor. 46 Solicitor investigate Councillor Usovicz introduced the following Order. Snow and Ice Removal from Sidewalks ORDERED: That the City Solicitor investigate Section 26-13 of the Salem Code of Ordinances relative to the "Removal of Snow from Sidewalks," and Section 26-14, rel- ative to the "Removal of Ice from Sidewalks ," in order to increase the present $10.00 penalty to $15.00 without violating Massachusetts General Laws Chapter 40. AND BE IT FURTHER ORDERED; That the City Solicitor report his findings to the City Council , in writing, prior to the next regular meeting, along with a draft of the proposed Ordinance change. Councillor O'Keefe amended the order by deleting "$15.00" and by adding "or other state statutes applying thereto." It was so voted. Councillor Martineau's motion to move the question was so voted. The Order was adopted as amended by a roll call vote of 6 yeas , 5 nays , and 0 abs. Councillors Lovely, Martineau , McCabe, O' Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Daly, Grace, Nowak, and Rochna were recorded as voting in the negative. The Order shall now read as follows : ORDERED: That the City Solicitor investigate Section 26-13 of the Salem Code of Ordinances relative to the "Removal of Snow from Sidewalks ," and Section 26-14, relativ to the "Removal of Ice from Sidewalks ," in order to increase the present $10.00 penalty without violating Massachusetts General Laws Chapter 40 or any other state statutes applying thereto. AND BE IT FURTHER ORDERED: That the City Solicitor report his findings to the Cit „v 3 f!1 i JANUARY 26, .1978 Council , in writing, prior to the next regular meeting, along with a draft of the proposed Ordinance change. 47 Councillor Lovely introduced the following Order which was adopted. President appt. Comm- ittee of One Re: ORDERED: That the Council President appoint a Committee of One to report to the Peabody/Salem Connector • Council from time to time on the progress of the so-called Peabody/Salem Connector Road Road. Council President Cawley appointed Councillor Lovely as a Committee of One. 48 Councillor McCabe introduced the following Ordinance which was adopted for first First Passage Amend D.P.W. Ordinance passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to the Reorganization of the Depart- ment of Public Works. Be it ordained by the City Council of the City of Salem, as follows: Section 1 . Section 2-409 is hereby amended by Changing the final period to a comma and adding the following: n ". . .provided that the initial appointee shall serve for a term of one year, so as to ensure a term, non-coterminus with the term of the Mayor and City Council .” Section 2. This Ordinance shall take effect as provided by City Charter. 49 Councillor McCabe introduced the following Order which was adopted. Solicitor advise Council RE : Appr. ORDERED: That the City Solicitor advise the City Council on the proper legal Engineer 's Dwelling manner to appropriate the sum of $1 ,054. 12 to the Public Property Department Budget for payment of the City of Beverly Real Estate Taxes on the Engineer's Dwelling of the Salem Water Department in Beverly - in view of the fact that said sum was previous- ly deleted from the budget by Council action. 50 Councillor Grace offered the following report for the Committee on Licenses b Granting Certain Licenses Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses b Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be 01 granted. NEW LICENSES TAXI OPERATOR William Burns, 92 Federal Street, Salem Milton Debarge, 99 Mason Street, Salem Ronald Linger, 9 Mason Street, Salem RENEWALS TAXI OPERATOR Richard E. Cass , 133 Rainbow Terrace, Salem Dominic DiLorenzo, 25 Hobart Street, Danvars 3211 JANUARY 26, 1978 Patricia Yelverton , 195 Jefferson Avenue, Salem j Ralph W. Ditty, Jr. , 2658 Lafayette St . , Salem I Philip P. Salvatore, 33 Riverdale Park, Gloucester Raymond J . Kelley, 1 Devereaux Avenue, Salem Michael S . Pietkewicz, 28 Sumner Road , Salem Richard Peter Lawnsby, 17 Carlton Street , Salem I Robert L' Italien, First Street, Salem Jean E. Michaud , 9 Holten Street, Peabody Paul R. Moreland, 45 March Street , Salem 51 ( red the following report for the Committee on Personnel Ordinance Est. position Councillor Usovicz offe "OMBUDSMAN"' ! and Salaries. It was voted to accept the report and adopt the recommendation. The Committee on Personnel and Salaries to whom was referred an Ordinance establi- shing the position of Ombudsman for the city of Salem has considered said matter and jwould report it out of committee with recommendation and ask that it be referred back lttt to committee for additional study. G'I Appr. Mayor's Office 52 Councillor Martineau offered the following report for the Committee on Finance. Salary & Wages Expense It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the matter that the sum of Six Thousand Eight Hundred Twenty-Eight Dollars ($6,828.00) be appropriated from the "Surplus Revenue" Account to the "Mayor' s Office Salary & Wages" Account has considered said matter and would recommend that it is referred back to the entire City Council with no recommendation, and that the appropriation be referred by the entire City Council to the Committee on Personnel & Salaries for further study. t 53 fr Martineau offered the following report for the Committee on Finance. Appr. Off Street Park. Councillo Comprehensive Survey It was voted to accept the report and adopt the recommendation. � The Committee on Finance to whom was referred the matter of an appropriation of Seven Thousand Dollars ($7,000.00) from the "Off-Street Parking Receipts" Account to the "Off-Street Parking Expenses" account for the purpose of a Comprehensive Circulation and Parking Study had considered said matter and would recommend that the appropriation be granted. I Ombudsman Salary 54 Councillor Usovicz offered the following report for the Committee on Personnel and Salaries. It was voted to accept the report and adopt the recommendation. The Committee on Personnel & Salaries to whom was referred an Ordinance to amend an Ordinance relative to Salary and Classification Schedule - Ombudsman - has considered said matter and would report it out of committee without a recommendation, and ask that it be referred back to the Committee on Personnel & Salaries for addi- tional study. i{ JANUARY 26, 1978 55 Councillor Usovicz offered the following report for the committee on Personnel Salary Executive Director Shaughnessy and Salaries. It was voted to accept the report and adopt the recommendation. Hospital Adoption of the recommendation was so voted by a roll call vote of 9 yeas, 2 nays , and 0 abs. Councillors Centorino, Daly, Lovely, Martineau, McCabe, O'Keefe, Rochna, Usovicz, and Cawley were recorded as votirvg in the affirmative. Councillors Grace r and Nowak were recorded as voting in the negative. The Committee on Personnel & Salaries to whom was referred the matter of the Executive Director's annual salary of the J. Robert Shaughnessy Rehabilitation hospital has considered said matter and would recommend approval of the amended ordinance as recommended by the Mayor. The Ordinance was adopted for first passage by a -roll call vote of 9 yeas, 2 nays, (11) First Passage and 0 abs . Councillors Centorino, Daly, Lovely, Martineau, McCabe, O'Keefe, Rochna, Salary Ordinance Executive Director Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace Shaughnessy Hospital and Nowak were recorded as voting in the negative In the year one thousand nine hundred and Seventy-Eight es en An Ordinance to amend an Ordinance relative to classification and salary sched- ules of certian employees of the City of Salem, said Ordinance effective January 1 , 1978. Be it ordained by the City Council of the City of Salem, as follows : ele SECTION 1 . Section 2 (b) Job Group 51 Long Term Care Facility Executive Director, Annual Salary is hereby amended by deleting the following: "Executive Director Annual Salary - $22,418.00" and adding in its place thereof the following: le "Executive Director Annual Salary - $28,600.00" I, SECTION 2. This Ordinance shall take effect as provided by the City Charter. 56 i_ i, Councillor Usovicz offered the following report for the Committee on Personnel Increase Mayor's Salary V, & Salaries. It was voted to accept the report and adopt the recommendation. The Committee on Personnel & Salaries to whom was referred an Ordinance concern- Ing the Mayor' s salary increase, has considered said matter and would report it out Of committee without recommendation and ask that it be referred back to committee for / • additional study. / 57 Councillor Usovicz offered the following report for the Committee on Personnel Appt. Mr. Joseph Affanato Executive F: and Salaries . It was voted to accept the report and adopt the recommendation by a Director Shaughnessy Hospital unanimous roll call vote. r I 32z JANUARY 26, 1978 Councillor O' Keefe requested and received unanimous consent to take out of order the matter of the appointment of Mr. Joseph Affanato as Executive Director of the Shaughnessy Rehabilitation Hospital . The Committee on Personnel & Salaries to whom was referred the appointment of Mr. Joseph C. Affanato as the Executive_Director of_the.J. Robert,Shaughnessy Rehabilita- tion Hospital has considered said matter and would recommend Council confirmation of jv6i{ll Mr. Joseph C. Affanato. Councillor Martineau requested and received unanimous consent to allow Mr. Affanato to address the Council . 58 Attendance record The attendance record of the Council on Aging was received and placed on file. Council on Aging 59 omm. from City Planner A communication was received from City Planner W. Gregory Senko relative to the RE: North Branch Library North Branch Library, after the deadline of Tuesday Noon. Councillor McCabe moved i to suspend the rules to take up the matter. There were no objections . On the motion of Councillor McCabe, it was voted that the communication be received � I and made a matter of record. 1i f 60 ! Comm. re: Zdanowicz A communication was received from the Atlantic Lobstermen's Cooperative, Inc. , Brothers and Pickering Wharf Project relative to the Zdanowicz Brothers and the Pickering Wharf Project. On the motion of Councillor Nowak, the communication was received and filed. 61 Joan Prager Public The Public Guide License application of Joan Prager, 4 Long View Drive, Marblehead, Guide License was granted on the motion of Councillor Rochna. 62 Taxi Operator The Taxi Operator Application of Joanne Styczko, 23 Mall Street, Salem, was ref- Application Joanne Styczko erred to the Committee on Licenses & Permits. 63 Taxi Operator Renewals A list of certain renewals for taxi operator licenses were referred to the Committee on Licenses & Permits. PASSENGER CAR Irving Taxi , Inc. , 278 Derby Street, Salem (20 Cars) Aime L. Pelletier , 50 Aborn Street , Peabody TAXI OPERATOR l)'l Jon Armstrong, 18 Bay View Avenue, Salem V� John J . Ambrose, 25 Loris Road, Peabody John P. Harding, 155 Derby Street, Salem Beverly Praino, 24 Hawthorne Blvd. , Salem Alan C. Kurpes , 24 Ravena Avenue, Salem Ronald E. Leslie, 14 Lynch Street , Salem Everett C. McCole, 15 Osgood Street, Salem Hilding E. Ohrstrom, Jr. , 33 Boardman Street, Salem EMIL 3103 JANUARY 26, 1978 Aime L. Pelletier, 50 Aborn Street, Peabody Richard E. Smith, 36 Harbor Street, Salem Nancy J. Tuttle, 115 Rainbow Terrace, Salem John G. Tuttle, 115 Rainbow Terrace, Salem } John J. Hentosh, 6 Edgewood Road, Beverly gfll TAXI STAND Irving Taxi , Inc. , 24 Federal Street , Salem (2) Aime L. Pelletier, 179 Washington Street, Salem 64 The Sign Bond of the Fire House Coffee Shoppe, 30 Church Street, Salem, was Sign Bond Fire House Coffee Shop referred to the Committee on Rules and Bonds and returned approved. (7) The Mayor's appointment of Reverend Charles 0. Barber as a member of the Human Appt. Rev. Charles 0. Barber Human Rights Rights Commission for a term of 2 years expiring January 31 , 1980, was then taken Commission up. The appointment was confirmed by a unanimous roll call vote of 11 yeas. (18) The Mayor' s appointment of Mr. Robert D. Bowes as a member of the Market Area Appt. Robert D. Bowes Market Arean Management Management Commission for a term expiring November 1 , 1979, replacing Mr. Robert Commission DeGrasse, was then taken up. The appointment was confirmed by a unanimous roll call vote of 11 yeas. (21 ) The matter of second reading amending Council rule 28-A was then taken up. On Amending Council Rule 28-A the motion of Councillor McCabe, the matter was referred to the Committee on Rules and Bonds to be reported out at the next regular meeting. (22) . Amendi.ng Council Rule The matter of second reading amending Council rules by adding rule 32-D was 32-D then taken up. On the motion of Councillor McCabe, the matter was referred to the Committee on Rules and Bonds to be reported out at the next regular meeting. (23) The matter of second and final passage of an Ordinance relative to traffic - Second Passage Tow Zones Federal and Tow Zones Federal Street and Bridge Street, was then taken up. Councillor Grace Bridge Streets amended to delete the letters (n) and (o) . It was so voted. The Ordinance was adopt- ed as amended for second and final passage so it shall now read as follows : In the year one thousand nine hundred and Seventy-Eight I) An Ordinance to amend an Ordinance relative to Traffic (No Parking Tow Zones) Be it ordained by the City Council of the City of Salem as follows : SECTION 1 . Chapter 15, Article 5-A, Section 74 of the Salem Code of Ordinances is hereby amended by adding the following streets: Bridge Street Three Hundred and Seventy Feet (3709 northerly side from the entrance of the Municipal Parking Lot in an easterly direction. Federal Street Two Hundred and Seventeen Feet (2179 from North 324 JANUARY._26, 1978 Street in an easterly direction. SECTION 2. This Ordinance shall take effect as provided by City Charter. JURORS AT SALEM Councillor Lovely was appointed to draw seven (7) jurors for the February 28, 1978 Salem Superior Court sitting at Salem. 1 . Bruce E. Chapman, 2 Cousins Street, Stationery Steam Engineer 2. Barbara P. Lyon, 13 Nursery Street , Dental Assistant 3. Stephen I . Arkin, 56 Washington Square, Ad Manager 4. Anne S. Brooking, 5 Warren Street, Housewife 5. Francis H. Linskey, 8 Loring Avenue, Retired 6. Betty A. Ramsdell , 11 Symonds Street, Clerk 7. Winston Davis, 11 Northey Street , Banking Agent. On the motion of Councillor McCabe, the meeting adjourned at 9:15 P.M. i ATTEST: JOSEPHINE R. FUSCO CITY CLERK �� A 325 FEBRUARY 9, 1978 �. 4 REGULAR MEETING A Regular .Meeting of the City Council was held in the Council Chamber on February 9, 1978, at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 2, 1978, at 3:38 P.M. There was no one absent. Council President Leonard A. Cawley, Jr. presided. On the motion of Councillor McCabe, it was voted to dispense with the reading of the record of the previous meeting. Councillor Lovely's motion to dispense with the reading of the Communications from the Mayor relative to the Mayor's appointments was so voted. 65 The Mayor's appointment of Mr. J . Richard Ouellette to the Cultural Arts Commiss- Appt. J. Richard Ouellette Cultural Arts ion for a term expiring February 1 , 1981 , was held until the next meeting under the Commission rules. Mr. Ouellette will replace Mr. James W. McAllister. 66 The Mayor' s appointment of Mr. Richard T. Febonio to the Salem Housing Authority Appt. Richard T. Feboni Salem Housing Authority for a term ending January 22, 1979, replacing Mr. Peter M. McSwiggin, was held until the next meeting under the rules . 67 The Mayor's appointment of Mr. John J. Giardi to the Board of Trustees for the Appt. John J. Giardi Bd. of Trustees Plummer Home for Boys for a term expiring February 1 , 1983, replacing Bruce A. Irving, Plummer Home for Boys was held until the next meeting under the rules . 68 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Cemetery Bills Finance. Account ORDERED: That the sum of Fifteen Hundred Dollars ($1 ,500.00) be and the same is hereby appropriated from the "Sale of Vaults" Account to the "Cemetery - Bills" Account in accordance with the recommendation of His Honor the Mayor. 69 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Off Street Parkin Finance. Commission Bills Acct. ORDERED: That the sum of Five Thousand Dollars ($5,000.00) be and the same is hereby appropriated from the "Parking Meters - On Street" Account to the "Off Street Parking Commission - Bills" Account in accordance with the recommendation of His Honor t, the Mayor. 70 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Personnel Dept. Finance. Bills ORDERED: That the sum of Two Thousand Seven Dollars and Thirty-One Cents ($2,007.31) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Personnel Department - ,Bills'' Account in accordance with the recommendation of His Honor the Mayor. i E ! 36 FEBRUARY 9, 1978 _ Regular Meeting --- 71 ppr. Water-Water Break The following Order, recommended by the Mayor, was referred to the Committee on Finance. ORDERED: That the sum of Eighty Thousand Dollars ($80,000.00) be and the same is hereby appropriated from the "Overlay Surplus" Account to the "Water - Water Break'' .`\1 Account in accordance with the recommendation of His Honor the Mayor. I{{NI i WWW��J Contract Sperry Univac 72 The following Order, recommended by the Mayor, was referred to the Committee on 90/30 Data Processing System Municipal Services. ORDERED: That the City Authorize the Mayor of the City of Salem to enter into a contract with the Sperry Rand Corporation for the purchase of a Sperry Univac 90/30 Data Processing System to replace the currently installed computer system which goes_ off lease in June, 1978. Ordinance amending 73 The following Ordinance, recommended by the Mayor, was referred to the Committee .Salary Classification ' '<,,Effective Jan. 1 , 1978 on Personnel & Salaries. On the motion of Councillor Martineau, it was voted to waive the reading of the Ordinance. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend the Classification and Salary Schedule of Certain Employees of the City of Salem Be it ordained by the City Council of the City of Salem, as follows : Section 1 . The Ordinance relating to the Classification and Salary Schedule of Certain Employees of the City of Salem, effective January 1 , 1978, and adopted for second and final passage Janaury 13, 1977, is hereby amended as follows : (a) Deletethe following from Job Group 50 - Special Category : ANNUAL SALARY Planning Director $16,418.00%- Data Processing Director 17,149.30 Director of Personnel - Negotiator 18 , 192-30111, Youth Coordinator 12,831 .05,11, Coordinator of Elderly Affairs 12,794.00 Youth Worker 10,852.40** Assistant Youth Worker 8,994.00** (,l and insert in its place the following : rI/1 Planning Director $16,8o8.00** Data Processing Director 17,539.30 Director of Personnel - Negotiator 18,582.3011% Youth Coordinator 13,221 .05''* Coordinator of Elderly Affairs 13 ,184.00 Youth Worker 11 ,242.4o*- Assistant Youth Worker 9 ,384.00** 32'7 FEBRUARY 9, 1978 Reaular Meeting (b) llelete the following from Job Group 51 - Long Term Care Facility: ANNUAL SALARY Executive Director $22,418.00 Director of Fiscal Services 19,294.00- /I Director of Nursing 19 294.00 Physiatrist M.D. 41 , 170.00 Executive Secretary 11 ,890.00 Director of Personnel ✓; Public Relations 11 ,794.00 Chief Physical Therapist 16,916.00* Chief Occupational Therapist 16,916.00* Registered Nurse Clinical/Supervisor Rehabilitation 15-,794.00 Chief Audio Therapist 16,326.58* Chief Speech Therapist 15,794.00- Social Service Director 13,794.00* Activities Director 9,524.00 Assistant Chief Physical Therapist 13,546.00* Utilization Review Coordinator 14,670.00 Continuing Care Coordinator 12,610.00 Rehabilitation Counselor 12,794.00 Assistant Director of Nursing 15,794.Oo and insert in its place the following: ANNUAL SALARY Executive Director $22,808.Oo Director of Fiscal Services 19,684.00* Director of Nursing 19,684.00 Physiatrist M.D. 41 ,560.00 Executive Secretary 12,280.00 Director of Personnel b Public Relations 12, 184.Oo Chief Physical Therapist 17,306.00-; Chief Occupational Therapist 17,306.00* Registered Nurse Clinical/Supervisor Rehabilitation 16, 184.00 Chief Audio Therapist 16,716,58* Chief Speech Therapist 16, 184.00' Social Service Director 14, 184.00* Activities Director 9,914.00 Assistant Chief Physical Therapist 13,741 .Oo* Utilization Review Coordinator 14,865.00 Continuing Care Coordinator 12,805.00 3910 FEBRUARY -- .-. Regula I r Meeting —1 44i Rehabilitation Counselor 12 ,989.00 Assistant Director of Nursing 15,989.00 (c) Dele£" the •following from Job Group 53 - Off Street Parking Executive Director $13,670.00 and insert in its place the following: l Executive Director 14,060.00 i Section 2. This Ordinance shall take effect as provided by City Charter. Resolution Re: Appli-74 The following resolution was received from the Mayor. Councillor Martineau's cation for Federal Comm Devel . Funds. motion to waive the reading of the resolution was so voted. Councillor O ' Keefe moved that the matter be referred to the Committee on Community Development as the matter was not properly before the Council due to Council Rule 32-C which requires any application made on behalf of the City to be accompanied by cost of item to city. ` It was so voted. i RESOLUTION: A RESOLUTION CONCERNING THE FILING OF APPLICATIONS FOR AND THE EXPENDITURE OF FISCAL YEAR 1979 COMMUNITY DEVELOPMENT ENTITLEMENT FUNDS AND FISCAL YEARS 1979, 1980, and 1981 SMALL CITIES FUNDS BE IT RESOLVED, by the City Council of the City of Salem, Massachusetts as follows : I . That the Mayor, as the City's chief executive officer, is hereby authorized to make application for and to expend Fiscal Year 1979 Community Development Entitle- ment Funds in accordance with the following program: 1 . Engineering, construction and supporting costs relating to the sewerage program. $350,000 2. Administration and implementation of residential rehabilitation strategies including home improvement loans/grants, winterization, and neighborhood improvements. $160,000 3. Forest River Conservation: Acquisition and development of passive recreational areas. $35,000 4. Acquisition of a van capable of transporting wheel - chaired riders for the Council of Aging. $15,000 5. Costs for services related to the drafting of a new Master Plan $10,000 6. Administration $80,000 II . That the Mayor, as the City' s chief executive officer is hereby authorized to make application for and to expend Fiscal Years 1979, 1980, and 1981 Small Cities Funds in accordance with the following Program: x FEBRUARY 9, 1978 Regular Meeting 1 . Fiscal Year L979: $850,000 a) Development and implementation of a package of $475,000 residential rehabilitation strategies including rehabilitation grants/loans, winterization, legal services, and neighborhood public improvements b) Development and implementation of a package of $300,000 downtown rehabilitation strategies including commercial rehabilitation assistance, public improvements, and housing development. c) Services relating to the drafting and implementation of a new Master Plan $20,000 d) Administration $55,000 2. FISCAL YEAR 1980: $1 , 175,000 a) Residential rehabilitation strategies $650,000 b) Downtown rehabilitation strategies $440,000 c) Master Plan $ 10,000 d) Administration 75,000 3. FISCAL YEAR 1981 : $1 ,500,000 a) Residential rehabilitation strategies $825,000 b) Downtown rehabilitation strategies $540,000 c) Administration $135,000 III . That the Small Cities Program described above shall be implemented in a target area bound by Palmer Cove to the South, Summer and North Streets to the west, the North River to the north, and New England Power Co. to the east and also including the multi-family neighborhoods along Boston Street. IV. That upon receipt of state and federal grants to assist in the creation of the Forest River Conservation Area, other Entitlement funds allocated above may be tempor- arily utilized for acquisition or development in anticipation of reimbursement. Funds shall only be so utilized so as not to hinder or delay the implementation of any other projects. V. That $150,000 previously allocated in the Urban Development Action Grant Program for the operation of a community center be reallocated to the UDAG Commercial Rehab- ilitation Assistance Program. An that, in the event UDAG funds are awarded to the City, $100,000 shall be transferred from the FY 79 Entitlement Residential Rehabilitation Strategies for the operation of the community center. 330 FEBRUARY 9, 1978 Re ular Mee— VI . That the execution of the Community Development and Small Cities Programs and the expenditure of funds shall be in accordance with all applicable federal laws and regulations including those concerning employment, environment, and housing. 75 Auth. Mayor to Expend A Communication was received from the Mayor after the deadline of Tuesday Noon. $500,000 for Snow & Ice Removal Councillor McCabe requested and received unanimous consent to suspend the rules and bring in appropriation from the Mayor relative to $500,000 for Snow and Ice Removal . I It was so voted. Councillor McCabe moved that the appropriation be approved by suspension of the rules . Councillor Nowak objected. The Appropriation was referred to the Committee on Finance. ORDERED: That pursuant to the provisions of Chapter 44 of the General Laws Sectio 31D for Mayor of the City of Salem is hereby authorized to expend an amount not to exceed Five Hundred Thousand Dollars ($500,000.00) which is necessary for emergency snow and ice removal to make safe the public ways in the City of Salem which have i been rendered unsafe due to the snow storm of February 6, and 7, 1978. 76 2 First Passage Tow Zones Councillor Grace introduced the following Ordinance which was adopted for first i Driveways and Schools passage. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Tow Zones) Be it ordained by the City Council of the City of Salem, as follows : Section 1 . Chapter 15, of the Revised Ordinances of the City of Salem is hereby amende as follows: Delete from Section 51 the following: In front of any schoolhouse between the hours of 8:00 A.M. and 8:00 PM. Delete from Section 74 the following: (G) In front of a public or private driveway. and be it further amended by inserting the following in Section 74: In front of any schoolhouse between the hours of 8 :00 P.M. and 8:00 P.M. No Parking - Tow Zone (G) Any vehicle which prevents or impedes the entering or egress of any public or private driveway. �I}y Section 2. This Ordinance shall take effect as provided by the City Charter. �I�J 77 First Passage Tow Zones Councillor McCabe introduced the following Ordinance which was adopted for first North Street passage. In the year one thousand nine hundred and seventy-eight. An Ordinance to amend an Ordinance relative to Traffic. (Tow Zones) M FEBRUARY 9, 1978 Regular Meeting Be it ordained by the City Council of the City of Salem, as follows: Section I . Chapter 15, Section 51B of the Revised Ordinances of the City of Salem is hereby amended by deleting the following: North Street, northeasterly side, between the overpass and Mason Street from 3:30 P.M. to 5:30 P.M. Monday through Friday. and Chapter 15 is hereby further amended by adding the following to Section 74: Northeasterly side of North Street, between Franklin Street and Foster Street from 3:00 P.M. to 6:00 P.M. Monday through Friday. No Parking - Tow Zone. Section 2. This Ordinance shall take effect as provided by the City Charter. 78 Councillor Daly introduced the following Ordinance which was adopted for first First Passage Tow Zones Loring Avenue passage. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic. (Tow Zones) Be it ordained by the City Council of the City of Salem, as follows ; Section 1 . Chapter 15, Section 74, of the Revised Ordinances of the City of Salem, t' F is hereby amended by adding the following: Southwesterly side of Lafayette Street , from the intersection of Loring Avenue, i, for a distance of seventy feet in a southeasterly direction. No Parking - Tow Zone Section 2. This Ordinance shall take effect as provided by the City Charter. 79 _ Ordinance to amend Councillor Centorino introduced the following Ordinance which was referred to Claims against City the Committee on Ordinances b Legal Affairs. In the year one thousand nine hundred and Seventy-Eight An Ordinance amending Chapter 2 of the Code of Ordinances of the City of Salem, Massachusetts Article XXI . Claims against the City. 'i i' Be it ordained by the City Council of the City of Salem, as follows : Section 1 . Chapter 2 of the Code of Ordinances of the City of Salem is hereby amended by deleting in Section 537, Line 3, the words ; "five hundred dollars ($500.00)" and by inserting in place thereof the following: "Two Thousand Dollars ($2,000.00)" Section 2. Chapter 2 of the Code of Ordinances of the City of Salem is hereby further amended by deleting in Section 538, Line 10, the words; "five hundred dollars ($500.00)" C' and by inserting in place thereof the following; I,e (,. "two thousand dollars ($2,000.00)" Section 3. This Ordinance shall take effect as provided by City Charter. i TV, FEBRUARY 9, 1978 Regular Meeting 8o Amending Council Rule Councillor Centorino introduced the following Order which was referred to the 1-A Public Hearings Committee on Rules & Bonds. ORDERED: Amend Council Rule IA by deleting everything before the words "each year." AND BE IT FURTHER ORDERED: That Council Rule lA is hereby further amended by � deleting the phrase "a public hearing," and by inserting in place thereof the words t "at least one, but not more than three public hearings ." There were no Committee Reports. There were no Communications from City Officials. 81 Taxi Operator Renewals The following Taxi Operator Renewals were referred to the Committee on Licenses and Permits. Robert F. Armstrong, 18 Bay View Avenue, Salem Ronald O'Hara, 3 Harrison Avenue, Salem I " Philias J. Verrette, 93 Mason Street, Salem Rosaire J. Verrette, 211 North Street, Salem I ! } Judith A. Weaver, 3 Harrison Avenue, Salem . 1 Robert R. Gagne, 336 Jefferson Avenue, Salem 82 Patrick Pardo Renewal The Auctioneer renewal License of Patrick F. Pardo, 5 Barnes Road, Salem, was Auctioneer License granted. Claims 83-88 The following Claims were referred to the Committee on Ordinances & Legal Affairs. Pauline A. Butman , 24 Wolcott Road, Lynn Ropes Mansion, 318 Essex Street, Salem John B. D'Ambrosio, 5 Hamilton Road, Peabody Elizabeth M. Neary, 76 Moffatt Road, Salem Mary McCarthy, 163 Boston Street, Salem Bert H. Goodwin, 150 Front Street, Marblehead 89 Sign Bond Whistle Stop The Sign Bond of The Whistle Stop, Inc. , 17 Canal Street, Salem, was referred to the Committee on Rules and Bonds and returned approved . Salary Executive (1 1) The matter of second and final passage of an Ordinance to amend an Ordinance �y Director Long Term Care relative to Classification and Salary Schedule - Job Group 51 - Long Term Care Facility Executive Director was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 9 yeas , 2 nays, and 0 abs . Councillors Centorino, Daly, Lovely, Martineau, McCabe, O 'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace and Nowak were recorded as voting in the negative. Councillor Martineau's motion for immediate reconsideration hoping it would not prevail was denied. 333 FEBRUARY 9, 1978 _— agular Meeting f. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relating to classification and salary schedules of certain employees of the City of Salem, said Ordinance effective January 1 , 1978. Be it ordained by the City Council of the City of Salem, as follows: Section I . Section 2 (b) Job Group 51 Long Term Care Facility Executive Director, t Annual Salary is hereby amended by deleting the following: t "Executive Director Annual Salary - $22,418.00" and adding in its place thereof the following: k "Executive Director Annual Salary - $28,600.00" Section 2. This Ordinance shall take effect as provided by the City Charter. i (48) The matter of second and final passage of an Ordinance to amend an Ordinance - Amend Ordinance Reorg. D.P.W. the reorganization of the Department of Public Works - relative to the term of the City Engineer, was then taken up. On the motion of Councillor Martineau, the Ordinance was adopted for second and final passage. (35) The matter of the Mayor's reappointment of Mr. Charles T. Passales as City Mayor's appointments Department Heads Auditor for a I year term effective February 1 , 1978, was then taken up. The appoint- Charles T. Passales City Auditor ment was confirmed by a unanimous roll call vote of 11 yeas. The matter of the Mayor's reappointment of Mr. Thomas G. Sullivan as City Collecto Thomas G. Sullivan City Collector for a 1 year term effective February 1 , 1978, was then taken up. The appointment was confirmed by a unanimous roll call vote of 11 yeas. The matter of the Mayor's reappointment of Mr. Lawrence D. Buckley as City Lawrence D. Buckley City Treasurer Treasurer for a 1 year term effective February 1 , 1978, was then taken up. The appointment was confirmed by a unanimous roll call vote of 11 yeas. The matter of the Mayor's reappointment of Mr. James L. Foley as Superintendent James L. Foley Supt. Shade Tree & of Shade Tree and Moth Suppression for a 1 year term effective February 1 , 1978, was Moth Suppression then taken up. The appointment was confirmed by a unanimous roll call vote of 11 yeas The matter of the Mayor's reappointment of Mr. John A. Condon as City Electrician John A. Condon City Electrician for a I year term effective February 1 , 1978, was then taken up. The appointment was confirmed by a unanimous roll call vote of 11 yeas . The matter of the Mayor's reappointment of Mary A. Swift as Purchasing Agent for Mary A. Swift Purchasing Agent § a 1 year term effective February 1 , 1978, was then taken up. The appointment was i a i confirmed by a unanimous roll call vote of 11 yeas. The matter of the Mayor's reappointment of Mr. W. Gregory Senko as Planning W. Gregory Senko Planning Director Director for a 1 year term effective February 1 , 1978, was then taken up. The appoint- ment was confirmed by a unanimous roll call vote of 11 yeas. i The matter of the Mayor' s reappointment of Mr. Richard S. Fabiszewski as Data Richard S. Fabiszewski Data Processing Coord. � Processing Coordinator for a 1 year term effective February 1 , 1978, was then taken a UP. The appointment was confirmed by a roll call vote of 10 yeas , 0 nays, and I present. Councillor Martineau was recorded as voting present. j 334 FEBRUARY 9, 1978 Regular Moctioar i i John B. Powers The matter of the Mayor's reappointment of Mr. John B. Powers as Zoning Enforce- Zoning Enforcement Officer ment Officer for a 1 year term effective February 1 , 1978, was then taken up. The appointment was laid on the table until the next regular meeting. Anthony V. Fletcher The matter of the Mayor's appointment of Mr. Anthony V. Fletcher as Director Director of Public Services of Public Services for a 2 year term effective February 1 , 1978, was then taken up. Councillor McCabe assumed the Chair for Councillor Cawley. Councillor Cawley moved that the matter be laid on the table until the next regular meeting. It was so voted. Councillor Cawley reassumed the chair. (36) Appt. Charles E. Gagnon The matter of the Mayor's appointment of Mr. Charles E. Gagnon as a member of the Bd. of Cemetery Commiss Board of Cemetery Commissions for a term of 3 years , expiring .December 31 , 1980, replac- ing Mr. Bertrand G. Voyer who has resigned, was then taken up. Councillor Lovely's i , motion to lay the matter on the table was defeated by a roll call vote of 5 yeas , 6 nay;, and 0 abs. Councillors Daly, Lovely, McCabe, Nowak, and Cawley were recorded as vot- ing in the affirmative. Councillors Centorino, Grace, Martineau, O' Keefe, Rochna, and ? , Usovicz were recorded as voting in the negative. The appointment was confirmed by a roll call vote of 10 yeas , and 1 nay. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, Nowak, O ' Keefe, Rochna , and Usovicz were recorded as voting in the affirmative. Councillor Cawley was recorded as voting in the negative. Councillor McCabe moved that a letter of thanks be forwarded to Mr. Voyer for the services rendered to the City of Salem. It was so voted. Appt. Philip Saindon(37) The matter of the Mayor's appointment of Mr. Philip H . Saindon as a member of the Board of Health Board of Health for a term of 3 years expiring on the first Monday in February, 1981 , replacing Dr. J. Robert Shaughnessy who has resigned , was then taken up. Councillor Lovely' s motion to lay the matter on the table was defeated by a roll call vote of 4 yeas, 7 nays , 0 abs . Councillors Daly, Lovely, McCabe, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Grace, Martineau, Nowak, O' Keefe, Rochna, and Usovicz were recorded as voting in the negative. The appointment was confirmed by a roll call vote of 9 yeas , 2 nays , and 0 abs . Councillors Centorino, Daly, Grace, Martineau, McCabe, Nowak, O ' Keefe, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Lovely and Cawley were recorded as voting in the negative. Councillor McCabe moved that a letter of commendation and appreciation be forwarded to Dr. Shaughnessy for his years of service to the Board of Health. It was so voted. 335 RE f" FEBRUARY 9 ty]8 Regular Meeting (38) The matter of the Mayor's appointment of Steven M. Sklover as a memberof the Appt. Steven Sklover Park Commissioners p Board of Park Commissioners for a term expiring May, 1978, replacing Mr. Joseph Wineapple who has resigned, was then taken up. Councillor Lovely's motion to lay the matter on the table was defeated by a roll call vote of 2 yeas, 9 nays, and 0 abs. p4 Councillors Lovely, and Cawley were recorded as voting in the affirmative. Council - lors Centorino, Daly, Grace, Martineau, McCabe, Nowak, O'Keefe, Rochna, and Usovicz were recorded as voting in the negative. The appointment was confirmed by a roll call vote of 8 yeas, 2 nays, 1 present, 0 abs. Councillors Centorino, Daly, Grace, McCabe Nowak, O ' Keefe, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Lovely and Cawley were recorded as voting in the negative. Councillor Martineau was recorded as voting present. Councillor O'Keefe moved that a letter of appreciation be sent to Mr. Wineapple for the years of service rendered to the City of Salem. It was so voted. (39) The matter of the Mayor 's appointment of Maurice Martineau as a member of the Appt. Maurice MartineaL Recreation Commission Recreation Commission for a term expiring January 26, 1983, replacing Robert O'Meara f who has resigned , was then taken up. Councillor Lovely's motion to lay the matter on i the table was defeated by a roll call vote of 3 yeas, 7 nays, 1 present, 0 abs . Councillors Daly, Lovely, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Grace, McCabe, Nowak, O' Keefe, Rochna, and Usovicz were record- ed as voting in the negative. Councillor Martineau was recorded as voting present. The appointment was confirmed by a roll call vote of 6 yeas, 4 nays, 1 present, 0 abs. Councillors Centorino, Grace, McCabe, Nowak, O'Keefe, and Rochna were recorded as voting in the affirmative. Councillors Daly, Lovely, Usovicz, and Cawley were recorded as voting in the negative. Councillor Martineau was recorded as voting present. Councillor Martineau moved that a letter of appreciation be forwarded to Mr. Robert O'Meara for his service to the City on behalf of the City Council . It was so voted. (40) The matter of the Mayor's appointment of Yvonne Lysiak as a member of the Salem Appt. Yvonne Lysiak Housing Authority Housing Authority for a term of 5 years expiring February 1 , 1983, replacing Mr. John J . Walsh, was then taken up. Councillor Lovely's motion to table the matter was defeated by a roll call vote of 3 yeas, 8 nays, and 0 abs. Councillors Daly, Lovely, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Grace, Martineau, McCabe, Nowak, O' Keefe, Rochna, and Usovicz were recorded as voting in the negative. The appointment was confirmed by a roll call vote of 10 yeas , 1 nay, 0 abs. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, Nowak, O'Keefe, Rochna, and Usovicz were recorded as voting in the affirmative. Councillor Cawley was recorded as voting in the negative. ' 1 336 . FEBRUARY 9, 1978 Re ul r Meet!- - The Council recessed at 9:05 P.M. and reconvened at 9: 10 P.M. Councillor McCabe moved that a letter of appreciation be sent to John J . Walsh for his years of service to the City of Salem. It was so voted. (41 ) I Appts. Boards & Comms . The matter of the Mayor 's reappointment of Suzanne M. Levesque as a member of the Suzanne Levesque ,1 � i Cultural Arts Comm. Cultural Arts Commission for a term expiring February 1 , 1981 , was then taken up. t 6 The appointment was confirmed by a unanimous roll call vote of 11 yeas . 1 Effie J . MacDonald The matter of the Mayor's reappointment of Effie J . MacDonald as a member of the Board of Health Board of Health for a term expiring February 1 , 1981 , was then taken up. The appoint- ment was confirmed by a roll call vote of 10 yeas, 1 nay, 0 abs . Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. Joseph R. Richard The matter of the Mayor' s reappointment of Mr. Joseph R. Richard as a member of ;1 Board of Health the Board of Health for a term expiring February 1 , 1981 , was then taken up. The � k appointment was confirmed by a roll call vote of 10 yeas ,. l nay, 0 abs . Councillors l Centorino, Daly, Grace, Lovely, McCabe, Nowak, O ' Keefe, Rochna , Usovicz, and Cawley f ' were recorded as voting in the affirmative. Councillor Martineau was recorded as i voting in the negative. Richard E. Savoy The matter of the Mayor's reappointment of Attorney Richard E. Savoy as a member Human Rights Commiss . oi: , the Human Rights Commission for a term expiring January 31 , 1981 , was then taken up. The appointment was confirmed by a unanimous roll call vote of 11 yeas . Stephen Hemingway The matter of the Mayor's reappointment of Stephen Hemingway as a member of the jHuman Rights Commiss. I Human Rights Commission for a term expiring January 31 , 1981 , was then taken up. The appointment was confirmed by a unanimous roll call vote of 11 yeas . Jurors at Lawrence Councillor Martineau was appointed to draw four (4) jurors for the Salem Superior Court, March 6, 1978 sitting at Lawrence. 1 . Noella T. Gress , 55 Hathorne Street, Assembler ! 2. Richard J. Arundel , 20 Rice Street, Inspector 3. Eugenie L. Martin, 39 Martin Street, Assembler 4. Maureen E. Pariseau, 227 Lafayette Street, Housewife On the motion of Councillor McCabe, it was voted that the meeting be recessed , at 9:20 P.M. , until Tuesday Evening, February 14, 1978, for the specific purpose of receiving the report of the Charter Study Committee. E ATTEST: JOSEPHINE R. FUSCO CITY CLERK i '' 3,'37 February 14, 1978 A Regular Meeting of the City Council which was held in the Council Chamber on February 9, 1978, at 8:00 P.M. , was recessed at 9:20 P.M. on that date, and continued Tuesday, February 14, 1978, at 7:30 P.M. in the Council Chamber for the specific purpose of receiving the report of the Lharter' SRudy! Comimit(tee. Absent were Councillors George F. McCabe and George A. Nowak. President Leonard A. Cawley, Jr. presided. The reading of the minutes of the February 9, 1978 meeting were dispensed with. Attending from the Charter Study Committee were the following: Mary Lou Tuttle, Chairperson Attorney James Fleming Leon Pauling Chester Kown Leo Hurley Each Councillor had received an advanced copy of the Charter Study Committee 90 Report, which was received by the Council and placed on file. President Cawley requested that Mrs. Tuttle review with the Council some of the recommendations made by the Charter Study Committee and answer any questions the Councillors may have. Mrs. Tuttle stated that these recommendations made to the Council for their consideration can be adopted with a 2/3 vote of the Council with approval of the Mayor Mrs. Tuttle spoke briefly on Item 1 of the report and stated the language in this paragraph was not pertinent to the City of Salem. She spoke on Item 5 - Section #32 of the Charter relative to the School Committ- ee and stated the Council should be interested in either investigating or deleting it. She also stated that Item 6 - Section #59 of the City Charter may only be amend ed through a Charter Commission and State Legislature. Councillor Brian O ' Keefe questioned Item 7 - Section #60 of the City Charter relative to appointments made by the Mayor. Mrs. Tuttle stated that it is not in the best interest of the City Government to have people not being reappointed to serve for a long period of time. She explained carrying people for years without reappointment by the Mayor is not in the best interest of an efficient City Government. Councillor Rochna asked about Item 10 - Sections #20 and #28 of the City Charte relative to final passage date of Ordinances and Public Contracts. Mrs. Tuttle answered that as in the case of the City of Gloucester, a Citizens Emergency Review Board assures everything is handled properly. Councillor Grace questioned Mrs. Tuttle about Item 4 - Section 27 of the City Charter relative to officials and employees being prohibited from making or sharing in municipal contracts and how would this affect her. �i 338 i FEBRUARY 14, 1973 Council President Cawley inquired what the intention of the Charter Study Committee is as to what to do with the minutes of their meetings . Mrs . Tuttle replied that copies of the minutes will be available if a Charter Study Commission is formed. Council President Cawley then suggested they be turned over to the City Clerk's office. Councillor O' Keefe questioned Item 10 - Section #20 and #28 of the City Charter relating to contracts and asked if the recommended Citizen' s Emergency Review Board is formed , who would serve on the Board and who would appoint this board. Councillor O ' Keefe moved that the City Council accept the Charter Study Committee report. It was so voted. Councillor O' Keefe moved that the Council discharge the Charter Study Committee and that the City Clerk on behalf of the City Council send letters of commendation to the Charter Study Committee. Councillor Martineau then asked the question "Where do we go from here and are i � Ij we serious about this? Does this Council see a need to study the Charter?" He stated li that he would like to see some of these recommendations reviewed under "Unfinished Business" at the next regular meeting. Councillor Martineau amended Councillor O' Keefe's motion not to discharge the committee and not to send letters . The motion was defeated . Councillor O ' Keefe's motion to discharge the Committee and send letters of commendation was so voted. Councillor O ' Keefe moved that the Council recess at 8: 15 P.M. until after the Finance Committee has had its meeting. It was so voted. The Council recessed at 8: 15 P.M. until such time as the Finance Committee was ready with their Committee Report. The Council reconvened at 8:20 P.M. Council President Cawley then appointed Councillor Centorino as a Committee of One to return to the antiroom and instruct the other Councillors to return to the meeting. (75) J Councillor Martineau stated that acting under Council Rule 28, he wished to ppr. Snow Removal return to Committee Reports. (Paper #90) At this time the City Clerk was instructed by Council President Cawley to make notes of the Council Rules he was going to cite. 1 . Council Rule 32 states : "Every Order or resolution appropriating money, shall upon its introduction into the City Council , stand referred to the Committee on Finance, which shall consider the same and report without delay to the City Council , not later than the first meet- ing which shall be held one week or more after said order or resolution is introduced. No further action shall be taken upon said matter until said meeting, unless said committee shall sooner report." i ;339 FEBRUARY 14, 1978 After citing Rule 32, Council President Cawley stated that the Finance Committee was ready to report and could do so at this time as the Finance meeting notice was duly posted. Council President Cawley then cited a portion of Council Rule 28 which states : �I "All order of business shall not be departed from, except by vote of a majority of the members. . ." The Chair noted that the Council may return to Item #5, report of Committees, by j a majority vote of yea. It was so voted. Councillors Grace and Rochna were not !, present during this vote. Councillor Martineau offered the following report for the Committee on Finance. The Committee on Finance to whom was referred the authorization of the expenditure of $500,000.00 necessary for emergency removal of ice and snow has considered said matter and would recommend the order of authorization be passed. Council President Cawley then cited Massachusetts General Laws Chapter 44, Section 31-D which reads "Any City or Town may incur liability and make expenditures in any fiscal year in excess of available appropriations for snow and ice removal , provided that such expenditures are approved by the town manager and the finance or advisory committee in a town having a town manager, by the City manager and the City Council in a City having a city manager or by the Mayor and city council in any other city; provided, however, that the appropriation for such purposes in said fiscal year equaled or exceeded the appropriation for said purposes in the prior fiscal year. Expenditures made under authority of this section shall be certified to the board of assessors and included in the next annual tax rate." Council President Cawley then read a letter of certification by City Auditor Charles T. Passales relative to Mass. General Laws Chapter 44, Section 31-D, dated February 14, 1978. Councillor O'Keefe amended the Committee report to incorporate the letter of certification by the City Auditor dated February 14, 1978. Amendment was so Voted. Councillor Grace and Rochna were recorded as voting "present". Councillor Grace stated that a Special Meeting should be held so that all Council Members may have a chance to vote on this matter. ti Councillor Grace moved adjournment at 8:40 P.M. The motion was defeated by a roll ,i call vote of 3 yeas, 6 nays, 2 abs . Councillors Grace, O'Keefe, and Rochna were record- ed as voting in the affirmative. Councillors Centorino, Daly, Lovely, Martineau, Usovicz, and Cawley were recorded as voting in the negative. Councillors McCabe and Nowak were absent. Acceptance of the Committee Report as amended was so voted. Councillors Grace, O'Keefe, and Rochna voted "present". Councillor O' Keefe then requested unanimous consent to withdraw his vote on the i 34 FEBRUARY 14, 1978 amendment to the Committee Report. Councillor Martineau objected. Councillor O'Keefe's motion to adjourn was defeated by a roll call vote of 3 yeas 6 nays, 2 abs. Councillors Grace, O 'Keefe, and Rochna were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, Martineau, Usovicz, and Cawley were recorded as voting in the negative. Councillors McCabe and Nowak were absent. Councillor Lovely moved for adoption of the recommendation of the Committee on �� Finance. Councillor Rochna questioned the legality of the Committee Report. Councillor Martineau stated that it had nothing to do with legality. A vote was taken on Councillor Martineau 's motion to move the question. The vote was recorded as 4 yeas , 4 nays, 1 present, 2 abs . Councillors Centorino, Daly, Lovely, and Martineau were recorded as voting in the affirmative. Councillors Grace, O' Keefe, Rochna, and Cawley were recorded as voting in the negative. Councillor i Usovicz was recorded as voting "present." Councillors McCabe and Nowak were absent. Councillor O'Keefe' s motion for adjournment was defeated by a roll call vote of i 3 yeas, 6 nays, 2 abs. Councillors Grace, O'Keefe, and Rochna, were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, Martineau, Usovicz, and Cawley were recorded as voting in the negative. Councillors McCabe and Nowak were absent. Councillor Centorino moved the question. It was so voted . Councillor O' Keefe moved that the matter be laid on the table. The motion was defeated by a roll call vote of 3 yeas , 5 nays, 1 present, 2 abs . Councillors Grace, O' Keefe, and Rochna were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, Martineau, and Cawley were recorded as voting in the negative. Councillor Usovicz was recorded as voting "present." Councillors McCabe and Nowak were absent. Adoption of the recommendation of the Committee on Finance was so voted by a roll call vote of 6 yeas , 3 present, 2 abs . Councillors Centorino, Daly, Lovely, Martineau, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, O' Keefe, and Rochna were recorded as voting present. Councillors McCabe and Nowak were absent. Councillor Daly's motion for adjournment was so voted. Councillor O ' Keefe was recorded as opposed. The meeting adjourned at 9: 13 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 341 FEBRUARY 16, 1978 SPECIA] MEETING A Special Meeting of the City Council was held in the Council Chamber on Thursday, February 16, 1978, at 7:00 P.M. for the purpose of reconsidering the matter of the vote taken on February 14, 1978, authorizing the Mayor to expend an amount not to exceed $50,000.00 which is necessary for emergency snow and ice removal . Notice of this meeting was posted on Wednesday, February 15, 1978, at 3:59 P.M. Absent were Councillor McCabe. President Leonard A. Cawley, Jr, presided Councillor Martineau moved to dispense with the reading of the record of the previous meeting. It was so voted. The matter of notice of reconsideration on the matter of authorizing the Mayor 91 (75) Reconsideration Appr. to expend an amount not to exceed $500,000.00 which is necessary for emergency snow and Snow and Ice ren•oval ice removal was then taken up. Councillor O' Keefe moved for reconsideration. Councillor Martineau's motion to move the question was defeated by a roll call vote of 3 yeas, 7 nays , 1 abs. Councillors Grace, Martineau, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, Nowak, O' Keefe, Rochna, and Cawley were recorded as voting in the negative. Councillor McCabe was absent. Reconsideration was so voted. Councillor Cawley was recorded as opposed. The matter of $500,000.00 for snow and ice removal was now before the council . Councillor Nowak's amendment that each Councillor receive a copy of the invoice including hours, trucks , personnel , and amount paid to contractors for snow removal was voted. Motion as amended was so voted by a roll call vote of 10 yeas , 0 nays, 1 abs . Councillors Centorino, Daly, Grace, Lovely, Martineau, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor McCabe was absent. The meeting adjourned at 7:20 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK ;44 FEBRUARY 23, 1978 A Regular meeting of the City Council was held in the Council Chamber on Thursday February 23, 1978, at 8:00 P.M. for the purpose of transacting any and all business . E Notice of this meeting was posted on February 17, 1978 at 9:50 A.M. There was no one absent. Council President Leonard A. Cawley, Jr. , presided. {� On the motion of Councillor McCabe; it was voted to dispense with the reading Vtl of the record of the previous meeting. 92 Reappt. Barry Berkal The Mayor 's reappointment of Mr. Barry Berkal as a member of the Board of Trustee Bd. of Trustees J . Robt. Shaughnessy Hospital for the J . Robert Shaughnessy Hospital for a term expiring July 1 , 1980, was confirmed by a unanimous roll call vote of 11 yeas. IReappt. Ruth Norton Bd. of Trustees J. Robt. The Mayor's reappointment of Ruth Norton as a member of the Board of Trustees Shaughnessy Hospital for the J. Robert Shaughnessy Hospital for a term expiring July 1 , 1980, was confirmed i by a unanimous roll call vote of 11 yeas. i' I Reappt. Robert St. Pierre d. of Trustees J. Robt. The Mayor's reappointment of Mr. Robert St. Pierre as a member of the Board of Shaughnessy Hospital Trustees for the J . Robert Shaughnessy Hospital for a term expiring July 1 , 1980, was confirmed by a unanimous roll call vote of 11 yeas. ` Reappt. Bradford Northrup Conservation Co,nmission The Mayor's reappointment of Mr. Bradford C. Northrup as a member of the Conservation Commission for a term expiring March 1 , 1981 , was confirmed by a unanimous roll call vote of 11 yeas . 93 ppt. Sally Ann Fraser Councillor Martineau moved to waive the reading of all new appointments and to Bd. of Trustees J . Robt. haughnessy Hospital hold them over until the next regular meeting under the rules. It was so voted. The Mayor's appointment of Sally Ann (Barbara) Fraser as a member of the Board of Trustees for the J . Robert Shaughnessy Hospital for a term expiring July 1 , 1980, replacing Ann Walsh, was held until the next meeting under the rules . 94 ppt. Donald R. Famico The Mayor's reappointment of Mr. Donald R. Famico as Dog Constable for a term of og Constable 1 year expiring January 31 , 1979, was confirmed by a roll call vote of 10 yeas , 0 nays, 0 abs. 1 present. Councillor Grace was recorded as voting present. 95 ppt. Thomas E. Kehoe The Mayor's appointment of Mr. Thomas E. Kehoe as a member of the Licensing icensing Board Board for a term expiring June, 1981 , replacing Mr. James B. Leahy, was held until the next meeting under the rules. ppt. Donald Bennett 96 The Mayor's appointment of Mr. Donald P. Bennett as a member of the Market Area arket Area Management ommission Management Commission for a term expiring November 1 , 1980; was held until the next meeting under the rules. 1 TAT13 FEBRUARY 23, 1978 97 The Mayor's appointment of Mr. Peter M. McSwiggin as a member of the Off Street Appt. Peter M. McSwiggin Parking Commission fora term expiring August 1 , 1982, replacing Henry Mielcarz, was Off Street Parking Comm. held until the next meeting under the rules. 98 The Mayor's appointment of Joan Boudreau as a member of the Salem Redevelopment Appt. Joan Boudreau Salem Redevelopment Authority for a term expiring August 1 , 1981 , replacing Joyce C. Cook, was held until Authority the next meeting under the rules. 99 'S The Mayor's appointment of Christopher Spencer Parker as Student Representative Appt. Christopher Spence Parker Youth Commission ii to the Youth Commission for a term of three years expiring March 1 , 1981 , replacing Mark Farinelli , was held until the next meeting under the rules . 'r 100 !!. The Mayor's appointment of Anthony Paul Carnevale as a member of the Board of Appt. Anthony Paul Carnevale Bd. of Trustee Trustees for the J. Robert Shaughnessy Hospital for a term expiring July 1 , 1980, J. Robt. Shaughnessy replacing Julius Cohen, was held until the next meeting under the rules . 101 The following Order, recommended by the Mayor, was referred to the Committee on Appr. North Shore Elder Finance. Services , Inc. ORDERED: That the sum of One Thousand Two Hundred Eighty-Four Dollars and Ten Cents ($1 ,284. 10) be and the same is hereby appropriated from the "Meals for Aged Title VII" Account in order to pay "North Shore Elder Services, Inc." in accordance with the recommendation of His Honor the Mayor. 102 The following Order, recommended by the Mayor, was voted . Trans. Playground Bills ORDERED: That the sum of Fifteen Hundred Dollars ($1500.00) be and the same is hereby transferred from the "Playgrounds-Equipment" Account to the "Playground-Bills" Account in accordance with the recommendation of His Honor the Mayor. 103 A communication was received from the Mayor requesting the City Council to classif Council Classify James Ronan as Special Mr. James T. Ronan, Esq. , as a "Special Municipal Employee" under Massachusetts Gener- Municipal Employee al Laws Chapter 268A Section 1 , Subsection N. On the motion of Councillor Martineau, `i the matter was referred to the Committee on Ordinances b Legal Affairs. 104 The Mayor's appointment of the following as Constables in the City of Salem for a Constables term beginning March 1 , 1978, was received and filed. Bruce H. Collins, 28 Pierce Avenue, So. Hamilton fi Anthony Bencal , 19 Goodell Street, Salem >f; Michael Bencal , 19 Goodell Street, Salem 105 A communication was received from the Mayor after the deadline of Tuesday noon. Mayor's appt. of John S. Smedile as Appl . Councillor McCabe moved for suspension of the rules in order to take the matter up at Representative for Fed. Funds Snow Disaster this meeting. There were no objections. The matter of the Mayor's appointment of Mr. John S. Smedile as the applicant's .rte - ;344 FEBRUARY 23, 1978 representative for the purpose of obtaining certain Federal Financial assistance under the Disaster Relief Act was then taken up. The appointment was adopted by a unanimous roll call vote of 1.1 yeas. 106 Fencing around Salem Councillor Usovicz introduced the following Order. Councillor Martineau' s motion Common to refer the matter to the Committee on Community Development was defeated. The Order was adopted as introduced . ORDERED: That the Planning Department and the Department of Public Property investigate the possibilities of securing Federal and State Funds for the purpose of improvements of the Salem Common and its historical fence. BE IT FURTHER ORDERED: That the investigation include the following specific granting agencies : 1 . Liveable cities grants from the National Endowments of the arts . 2. The State of Massachusetts Historic Commission 3. The National Register for matching grant and aid for property listed on II� the national register. Thank N.E. Power for 107 Councillor Nowak introduced the following Order which was adopted. Help during storm ORDERED: That the City Council thank Mr. David J . Beattie, Manager of New England Power for its assistance in the February 6, 1978 storm. roposed Act. Est. 108 Councillor Centorino introduced the following proposed Act . Councillor Martineau ousing Review Board moved that the matter be referred to the Ad-Hoc Committee on Illegal Boarding Houses. Councillor Martineau requested and received unanimous consent to withdraw his motion. Councillor Centorino moved that the matter be referred to the Committee on Ordinances & Legal Affairs . It was so voted. RECOMMENDED DRAFT LEGISLATION SALEM, CITY OF - HOUSING REVIEW BOARD An Act providing for the establishment of a Housing Review Board in the City of Salem. Be it enacted by the Senate and House of Representatives in General Court assembled and by the Authority of the same, as follows ; Section 1 . Declaration of Emergency. The general court finds and declares that a t public emergency exists in the City of Salem with respect to the housing of a sub- stantial number of residents of said city, which emergency has been created by housing demolition, an expanding student population , a substantial elderly population , deter- ioration within the existing housing stock and the national and area economic condition which have deterred new construction of housing accomodations and place such new hous- ing above the means of low and moderate income residents . The general court further finds that because of the substantial and increasing shortage of rental housing accom- odations abnormally high rents have resulted , and, that unless residential rents become subject to review and control on a case-by-case basis , such emergency and the farther 34:� FEBRUARY 23, 1978 inflationary pressures resulting therefrom will produce serious threats to the public health, safety, and general welfare of the residents of Salem; that such emergency shoui Id i I I, be met by the commonwealth immediately with due regard for the rights and responsibility of the City of Salem. 0 SECTION 2. The City of Salem is hereby authorized to establish a Housing Review Board to regulate individual cases affecting rental housing accommodations and to determine when rent charges appear in the judgement of said Board to be excessive and unreason- able. SECTION 3. The Housing Review Board shall consist of seven members, who shall be i residents of the City of Salem, appointed by the Mayor of said city and confirmed by the city council of said city, to serve without compensation for a term of one year. Said Board shall consist of three tenants , one owner of a single family residence, and three persons who own rental residential property, none of whom has been cited for a period of not less than two years by the Board of Health or other enforcement agency or department for violations deemed to materially endanger the health or safety of the occupants of the landlord's property. In addition to seven said members there shall be seven unpaid associate members, appointed in like manner, with like powers and terms of office. In serving in such capacity, no member shall act upon any case wherein s/he may have a material interest and in the event of such a conflict a member shall absent her/ himself from consideration of the case in favor of an associate member in like capacity ' Said Board shall have jurisdiction over all rental units in the City of Salem except: a . Rental units in motels, inns, and tourist homes, and rental units in rooming > or boarding houses which are rented primarily to transient guests for periods of less than fourteen consecutive days. b. Rental units which a governmental unit, agency, or authority either owns , or operates, or finances or subsidizes. c. Rental units in co-operatives or condominiums. d. Rental units in any hospital , convent, monastery, asylum, public institution, college or school dormitory operated for charitable or educational purposes. e. Rental units in nursing homes for the aged. �i Said Board shall receive complaints, secure such information, make such investigations and conduct such studies, either directly or through municipal agencies , and may summon such persons, papers or documents as it finds necessary for the performance of its duties. SECTION 4. Said Board may regulate and modify, proposed rent increases and shall void or decrease: a. Rent increases which it finds unreasonable after a hearing and which affect buildings wherein violation of the building code, sanitary code, or any other r 346 FEBRUARY 23, 1978 applicable laws, rules or regulations governing the condition of residential premises exist. b. any unreasonable rent increase intended to take effect after the effective date of this act. Such review, action and regulation shall include but not be limited to the following matters ; I a. any alleged violation of the building code or sanitary code of the City of Salem by either landlord or tenant . b. any complaint of an unjustified or exorbitant rental increase to take effect after the effective date of this act. c. any complaint of an unjustified or exorbitant rental increase during a time that a substantial violation of either the building code or the sanitary code exists. d. any complaint by a tenant of discrimination practices by a landlord in I Lviolation of federal and state legislation. SECTION 5• Said Board shall conduct hearings for the purpose of settling disputes between landlords and tenants in a fair and equitable manner and adjust rents of rental units not exempted pursuant to section three in a fair and reasonable manner , allowing the landlord in each case a fair operating income, in accordance with such standards a it shall establish with the approval of said mayor and city council . SECTION 6. Any aggrieved party may file a civil action against said Board in the First District Court of Essex in Salem, or in any Housing Court having jurisdiction thereof. i The Court shall review and decide the action pursuant to the standards set forth in paragraph (7) of section fourteen of chapter thirty A of the General Laws . The first District Court of Essex, or such Housing Court , shall have jurisdiction to enjoin any violation of this act. SECTION 7. It shall be unlawful for any person to demand, accept , receive or retain any rent for the use of a rental unit in excess of the maximum rent escribed by the Board. Whoever willfully violates any provision of this act or whoever knowingly makes any false statement or gives any false information to the Board shall be punished by a fine of not less than five hundred dollars or twice the amount of rent overcharged, whichever is greater, and shall be liable for reasonable attorney 's fees and court costs. SECTION 8. The necessity for such Board shall be reviewed annually by said mayor and city council , but in no event shall its existence be continued after January first, nineteen hundred and eighty two without the authority of the mayor and city council . SECTION 9. No owner of residential property within the City of Salem not exempted pursuant to the provisions of section three may bring eviction proceedings against a tenant who has utilized this law for a period of one year after the filing, in writing or otherwise of a complaint with the Board unless : 34'7 FEBRUARY 23, 1978 1 . The tenant has failed to pay the rent to which the landlord is entitled. 2. The tenant has violated an obligation or covenant or his/her tenancy other than the obligation to surrender possession upon proper notice and has failed to cure such violation after having received written notice thereof from the landlord. 3. The tenant is committing or permitting to exist in or is causing substantial I interference with the comfort, safety, or enjoyment of the landlord or other occupants of the same or any adjacent accommodation. 4. The tenant is convicted of using or permitting the rental unit to be used for any illegal purpose. 5. The tenant, who has a written lease or rental agreement which terminated after this act has taken effect, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration and in such terms that are not inconsistent with or violative of any provisions of law; 6. The tenant has refused the landlord reasonable access to the unit for the purpose of making necessary repairs or improvements required by the laws of th United States, the Commonwealth, or the City of Salem, or for the purpose of inspection, as permitted or required by the lease or be law, or for the purpos of showing the rental unit to , prospective purchaser or mortagor; 7. The person holding at the end of a lease term is a subtenant not approved by the landlord; 8. The landlord seeks to recover possession in good faith for use and occupancy of him/herself, or his/her children, parents, brother, sister, father-in-law, mother-in-law, daughter-in-law, or brother-in-law. Provided that any landlord who subsequently does not in fact rent to one of the above relatives will be subject to the penalties of this act as provided in section seven. 9. The landlord seeks to recover possession to demolish or otherwise remove the unit from housing use; and 10. That the landlord seeks to recover possession for any other just cause, provided that his/her purpose is not in conflict with the provisions and purposes of this act. SECTION 10. If any provision of this act or the application of such provision to any person or circumstances shall be held invalid the validity of the remainder of this act and the application of such provision to other persones or circumstances shall not be affected thereby. SECTION 11 . This act shall take effect upon its passage. log Councillor Usovicz intruduced the following Ordinance. Councillor Martineau's First Passage - Ordinan Snow S Ice removal from motion to refer the matter to the Committee on Ordinances r, I_Poil Affairs was defea*n^ . sidewalks 348 FEBRUARY 23, 1978 The Ordinance was adopted for first passage by a roll call vote of 6 yeas , 5 nays, it 0 abs. Councillors Centorino, Daly, Lovely, O 'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, Martineau, McCabe, Nowak, and Rochna were recorded as voting in the negative. In the year one thousand nine hundred and Seventy-eight An Ordinance of the City of Salem providing that the Code of Ordinances of the li City of Salem, Mass. , be amended by revising Section 26-13 and Section 26-14 - Removal of Snow and Ice from Sidewalks. Be it ordained by the City Council of the City of Salem, as follows: SECTION 1 . That Section 26-13 of the Code of Ordinances of the City of Salem Mass. , is hereby amended by deleting the following in the first sentence. "Not less than two dollars ($2.00) nor more than ten dollars ($10.00) for each offense." and inserting in place thereof the following: i, "fifteen Dollars ($15.00)" SECTION 2. That Section 26-14 of the Code of Ordinances of the City of Salem Mass . , is hereby amended by deleting the following in the first sentence. ' Not less than two dollars ($2.00) nor more than ten dollars ($10.00) for each offense.'' and inserting in place thereof the following: "fifteen dollars ($15.00)" SECTION 3• This Ordinance shall take effect as provided by City Charter. 110 esolution Salem vs. Councillor O' Keefe introduced the following resolution. Councillor Rochna amende eabody City Council in ame of basketball that game be played in Salem. The resolution was adopted as amended. A RESOLUTION CONCERNING SPORTS DISPUTE WHEREAS, The Cities of Salem and Peabody are contiguous communities , AND WHEREAS, The citites ' respective sports teams are in different athletic conferences, AND WHEREAS, There is some dispute as to which city has a better basketball team AND WHEREAS, It is doubtful that their respective teams will meet each other, BE IT RESOLVED That the President of the Salem City Council issue a formal challenge to the City Council of Peabody in a game of Basketball , also known as "Hoop" and �l "Roundball" at a date and time in the City of Salem to be mutually agreed upon so as to determine resolution of the above mentioned dispute. 111 axi Operator Licenses Councillor Grace offered the following report for the Committee on Licenses & ranted Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter ana wo�!ld recommend that the following be 3,19 FEBRUARY 23, 1978 be granted. RENEWALS PASSENGER CAR Irving Taxi , Inc. , 278 Derby Street , Salem (20 Cars) Aime L. Pelletier, 50 Aborn Street, Peabody TAXI OPERATOR Jon Armstrong, 18 Bay View Avenue, Salem John J. Ambrose, 25 Loris Road, Peabody John P. Harding, 155 Derby Street, Salem Beverly Praino, 24 Hawthorne Blvd. , Salem Alan C. Kurpes, 24 Ravena Avenue, Salem Ronald E. Leslie, 14 Lynch Street, Salem Everett C. McCole, 15 Osgood Street, Salem Hilding E. Ohrstrom, Jr. , 33 Boardman Street, Salem ' Aime L. Pelletier, 50 Aborn Street, Salem Richard E. Smith, 36 Harbor Street, Salem Nancy J. Tuttle, 115 Rainbow Terrace, Salem John G. Tuttle, Jr. , 115 Rainbow Terrace, Salem John J. Hentosh, 6 Edgewood Road, Beverly Robert F. Armstrong, 18 Bay View Avenue, Salem Ronald O'Hara, 3 Harrison Avenue, Salem Philias J. Verrette, 93 Mason Street, Salem Rosaire J. Verrette, 211 North Street, Salem Judith A. Weaver, 3 Harrison Avenue, Salem Robert R. Gagne, 336 Jefferson Avenue, Salem TAXI STAND Irving Taxi , Inc. , 24 Federal Street, Salem Aime L. Pelletier, 179 Washington Street, Salem 112 (74) Councillor O' Keefe offered the following report for the Committee on Community Filing Applications Fiscal 1979, 1980, Development. It was voted to accept the report and adopt the recommendation by a 1981 Small Cities Fund , unanimous roll call vote of 11 yeas. The Committee on Community Development to whom was referred as resolution concerning the filing of applications for and the expenditure of fiscal years 1979, 1980, and 1981 Small Cities Funds on February 9, 1978 has considered said matter and would recommend that the City Council adopt such resolution. 113 (74) Councillor O'Keefe offered the following report for the Committee on Community Filing Application a, for Funds for fiscal Development. It was voted to accept the report and adopt the recommendation by a 1979 Development Entit- lement Funds unanimous roll call vote of 11 yeas. The Committee on Community Development to whom was referred a resolution concerning the filing of applications for and the expenditure of fiscal year 1979 Community Development Entitlement Funds on February 9, 1978, had considered said matter and a 350 FEBRUARY 23, 1978 would recommend that the City Council adopt such resolution. (114-A) 114 ayor' s Salary Increase Councillor Usovicz offered the following report for the Committee on Personnel & Salaries. It was voted to accept the report . The Committee on Personnel & Salaries to whom was referred an Ordinance to amend an Ordinance relative to administration - Mayor ' s Salary - has considered said matter and would recommend the adoption of the following Ordinance. 114-A Ordinance :layor' s In the year one thousand nine hundred and Seventy-Eight. Salary Increase An Ordinance to amend an Ordinance relative to Administration Be it ordained by the City Council of the City of Salem, as follows : SECTION 1 . That any prior Ordinances concerning the Mayor 's salary are hereby repealed and that the revised Ordinances of the City of Salem, Massachusetts , 1952, are hereby further amended by inserting the following paragraph so that Chapter 2 , Section 140 - Administration - Shall read as follows : Section 2-140 Compensation Effective January 1 , 1979, the Mayor shall receive the sum of $25,000.00 per annum for his services and effective January 1 , 1980, the Mayor shall receive the sum of $27,500.00 per annum for his services and effective January 1 , 1981 , the Mayor shall receive the sum of $30,000.00 per annum for his services , payable in equal weekly installments. SECTION 2. This Ordinance shall take effect as provided by the City Charter . (See G.L. Chapter 43, Section 17-A) Councillor Martineau moved to divide the question into 3 parts. It was so voted. Question 1 . Effective January 1 , 1981 , the mayor shall receive the sum of $25,000.00 Voted by a roll call vote of 8 yeas , 3 nays. Councillors Daly, Grace, Martineau, McCabe, O' Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative Councillors Centorino, Lovely, and Nowak were recorded as voting in the negative. Question 2. Effective January 1 , 1980, the mayor shall receive the sum of $27,500.00. Voted by a roll call vote of 8 yeas , 3 nays. Councillors Daly, Grace, Martineau, McCabe, O' Keefe, Rochna , Usovicz, and Cawley were recorded as voting in the affirmative Councillors Centorino, Lovely, and Nowak were recorded as voting in the negative. Question 3• Effective January 1 , 1979, the mayor shall receive the sum of $25,000.00. Voted by a unanimous roll call vote of 11 yeas. Councillor Daly amended question 3 to insert in place of date January 1 , 1979, the words "As soon as Charter Allows". Amendment voted . Recommendation of Ordinance adopted as amended for first passage so it shall now read as follows : "- 351 FEBRUARY 23, 1978 In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Administration Be it ordained by the City Council of the City of Salem, as follows: SECTION 1 . That any prior Ordinances concerning the Mayor's salary are hereby repeale and that the Revised Ordinances of the City of Salem, Massachusetts 1952 are hereby ' further amended by inserting the following paragraph so that Chapter 2. Section 140 -:Administration - shall read as follows: Section 2-140 Compensation As soon as Charter Allows, the Mayor shall receive the sum of $25,000.00 per annum for his services and effective January 1 , 1980, the Mayor shall receive the sum of $27,500.00 per annum for his services and effective January 1 , 1981 , the Mayor shall receive the sum of $30,000.00 per annum for his services, payable in equal weekly installments. SECTION 2. This Ordinance shall take effect as provided by the City Charter. (See G.L. Chapter 43, Section 17-A) Councillor Lovely requested and received unanimous consent to go do "Unfinished Business" on the matters of three appointments. Council President Cawley at this time stated that the City Council will ask future appointees to appear before the Council at 7:30 P.M. on the night of a regular meeting so that they may introduce themselves informally to the Council . (65) The matter of the Mayor's appointment of Mr. J. Richard Ouellette as a member of Appt . J . Richard Ouellette Cultural Arts the Cultural Arts Commission for a term expiring February 1 , 1981 , was then taken up. Commission The appointment was confirmed by a unanimous roll call vote of 11 yeas . (66) The matter of the Mayor 's appointment of Mr. Richard T. Febonio as a member of Appt. Richard T. Febonio Salem Housing the Salem Housing Authority for a term expiring Janaury 22, 1979, replacing Peter Authority M. McSwiggin, was then taken up. The Appointment was confirmed by a unanimous roll call vote of 11 yeas. (67) The matter of the Mayor's appointment of Mr. John J. Giardi as a member of the Appt. John J . Giardi Bd. of Trustees Board of Trustees for the Plummer Home for Boys for a term expiring February 1 , 1983, Plummer Home for Boys replacing Mr. Bruce A. Irving, was then taken up. The appointment was confirmed by ' 1 I a unanimous roll call vote of 11 yeas. 115 (79) Councillor Centorino offered the following report for the Committee on Ordinances First passage "Claims 6- Against City" and Legal Affairs. It was voted to accept the report and adopt the recommendation for first passage. The Committee on Ordinances & Legal Affairs to whom was referred the matter of an Ordinance relative to Chapter 2, Article XXI - Claims against the City - has considered said matter and would recommend the Ordinance as introduced at the February 9, 1978 i 3.5'2 FEBRUARY 23, J978 be adopted. (68) 116 ppr. Cemetery Bills Councillor Martineau offered the following report for the Committee on Finance. f It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the appropriation of $1 ,500.00 Fifteen Hundred Dollars from the "Sale of Vaults" Account to the "Cemetery-Bills'' 4, i Account has considered said matter and would recommend that the appropriation be granted. (71 ) 117 Appr. Water-Water Break Councillor Martineau offered the following report for the Committee on Finance. It was voted to accept the report and adopt the recommendation. I The Committee on Finance to whom was referred the appropriation of the sum of Eighty Thousand Dollars ($80,000.00) from the "Overlay Surplus" Account to the "Water- Water Break" Account has considered said matter and would recommend that the appropria- tion be amended to the sum of Seventy-Eight Thousand Eight Hundred Seventeen Dollars l�ll and Nineteen Cents ($78,817. 19) and that the appropriation as amended be granted. (69) 118 Trans . Off Street Councillor Martineau offered the following report for the Committee on Finance. Parking Comm. Bills It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the transfer of five thousand dollars ($5,000.00) from the "Parking Meters - On Street" Account to the "Off Street Parking Commission - Bills" Account has considered said matter and would recommend that the transfer be granted. (70) 119 Appr. Personnel Dept. Councillor Martineau offered the following report for the Committee on Finance. Bills It was voted to accept the report and adopt the recommendation. i The Committee on Finance to whom was referred the appropriation of Two Thousand Seven Dollars and Thirty-One Cents ($2,007.31 ) from the Surplus Revenue Account to the "Personnel Department - Bills" Account has considered said matter and would recommend that the appropriation be granted. (120-A) 120 Ordinance (Ombudsman) Councillor Usovicz offered the following report for the Committee on Personnel Director of Constituent Services & Salaries. The Committee on Personnel & Salaries to whom was referred the position of �� , ' Ombudsman has considered said matter and would recommend the adoption of the following Ordinance and amendment. It was voted to accept the report as amended. Amendment Delete "Ombudsman" and insert "Director of Constituent Services' . c In the year one thousand nine hundred and Seventy-eight An Ordinance to change a position in the office of the Mayor and to increase the salary of the position. Be it ordained by the City Council of the City of Salem as folio'-Fr : 353 FEBRUARY 23, 1978 SECTION I . Chapter 2, Section 2-39 of the Salem Code of Ordinances is hereby amended i by deleting therefrom the words "Clerk-Typist" and inserting in place thereof, the word, "Director of Constituent Service." SECTION 2. Section 2, Job Group XII of the Salary and Classification Schedule of certain City Employees effective in the City of Salem January 1 , 1978, is hereby I amended by adding the following position. "DIRECTOR OF CONSTITUENT SERVICES" STEP I STEP II STEP III $254.25 $275. 10 $284.50 SECTION 3• This Ordinance shall take effect as provided by City Charter . I t Councillor Martineau's motion to divide the question into two parts was so voted. I _ Question 1 . Deleting Clerk Typist and inserting Director of Constituent Services. Question 2. Adding Salary of the Director of Constituent Services. Councillor Cawley stated that question one required a majority vote of the Council He stated that question two required a 2/3 vote of the Council . Councillor Rochna challenged the ruling of the Chair, claiming that the Council must note on the money first. Councillor O'Keefe seconded the challenge. The Challenge was defeated by a roll call vote of 2 yeas , 8 nays , I present. Councillors Nowak and Rochna were recorded as voting in the affirmative. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, O'Keefe, and Usovicz were recorded as voting in the negative. Councillor Cawley was recorded as voting "present". Councillor Martineau's motion to move the question was so voted. Question 1 . Deleting Clerk Typist and inserting Director of Constituent Services was adopted for first passage by a roll call vote of 8 yeas , and 3 nays. Councillors Centorino, Daly, Grace, Lovely, Martineau, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors McCabe, Nowak, and Rochna were recorded as voting in the negative. Question 2. Add Director of Constituent Services salary was adopted for first Passage by a roll call vote of 8 yeas, and 3 nays. Councillors Centorino, Daly, Grace, Lovely, Martineau, O' Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors McCabe, Nowak, and Rochna were recorded as voting in the ® negative. 121 The application of the U.F.W. to hold Poppy Days in the City of Salem on May 25, Poppy Days V.F.W. May 25 & 26. 26, and a "Raincheck" Day on the 27th was granted. 122 The Public Guide License Renewal of Michael J. Gormalley, 9 CedarView Avenue, Salem Michael Gormalley Public Guide License was granted. 354 FEBRUARY 23, 1978 123-127 Claims The following Claims were referred to the Committee on Ordinances & Legal Affair Candis A. Arsenault, 9 Laurent Road, Salem Francis J . Bates, 26 Grove Street, Salem Richard E. Dion, Ric's Bike Revival , 17 Gedney Street, Salem Diane Eliuk, 23 Ward Street, Salem James N. George, 27 Harbor Street, Salem Sign Bond 128 The Sign Bond of Jeff Bauer D.M.D. and Elliott Favier D.M.D. 226 Essex Street, was referred to the Committee on Rules and Bonds and returned approved. Appt. Anthony V. (35) The matter of the Mayor's appointment of Mr. Anthony V. Fletcher, as Director Fletcher Director of Public Services of Public Services , for a term of 2 years effective February 1 , 1978, was then taken up. Councillor O 'Keefe amended_ the term to be one year rather than 2 years for this year only in accordance with an Ordinance change so it would not be co-terminous with the Mayor. It was so voted. Appointment was confirmed by a roll call vote of 10 yeas , and 1 nay. Councillor Centorino, Daly, Grace, Lovely, Martineau, McCabe, O' Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Nowak was recorded as voting in the negative. (35) ppt. John B. Powers The matter of the Mayor 's appointment of Mr. John B. Powers as Zoning Enforce- oning Enforcement Off., ment Officer for a term of 1 year effective February 1 , 1978, was then taken up. Councillor Martineau's motion to lay the matter on the table was defeated by a roll call vote of 5 yeas , and 6 nays. Councillors Daly, Grace, Martineau , O 'Keefe, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, Lovely, McCabe, Nowak, Rochna, and Cawley were recorded as voting in the negative. � . At this time Councillor Martineau arose on a point of personal privilege. Councillor O' Keefe called Councillor Martineau to Order. Councillor Martineau appealed the call to order. The appeal was defeated by a roll call vote of 3 yeas , 7 nays , and 1 "present." Councillors Daly, Grace, and Martineau were recorded as i voting in the affirmative. Councillors Centorino, Lovely, McCabe, Nowak, O ' Keefe, Rochna, and Cawley were recorded as voting in the negative. Councillor Usovicz was k10 e recorded as voting "present". f i Councillor Rochna's motion to move the question was voted. f The appointment of Mr. John B. Powers was confirmed by a roll call vote of 9 yeas, and 2 nays. Councillors Centorino, Daly, Lovely, McCabe, Nowak, O' Keefe, Rochna , Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace and Martineau were recorded as voting in the negative. Councillor McCabe's motion for immediate reconsideration hoping it does not i F prevail was denied. 355 FEBRUARY 23, 1978 (76) The matter of second and final passage of an Ordinance amending Traffic Chapter 15 Second Passage Tow Zone in front of schools & Section 74 - Tow Zones - In front of Schools and Driveways - was then taken up. driveways On the motion of Councillor Grace it was adopted for second and final passage. (77) The matter of second and final passage of an Ordinance amending Traffic Section Second Passage Parking Prohibited 51B Parking Prohibited North Street at Franklin Street was then taken up. On the North St. Franklin St. motion of Councillor McCabe it was adopted for second and final passage. (78) The matter of second and final passage of an Ordinance amending Traffic Tow Zones Second Passage Tow Zones Section 74 Lafayette Street at intersection of Loring Avenue, was then take up. On Lafayette St. Loring Av the motion of Councillor Daly it was adopted for second and final passage. �D Recommendations of The matter of reviewing the recommendations made by the Charter Study Committee Charter Study Committee was then taken up. On the motion of Councillor O'Keefe, the matter was referred to the Committee on Ordinances & Legal Affairs. Councillor Martineau was recorded as opposed. On the motion of Councillor McCabe the meeting adjourned at 11 :08 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK I i' V 35S MARCH.9, 1976 REGULAR MEEIINr A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 9, 1978, at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 3 , 1978, at 10:38 A.M. Councillor O' Keefe was absent until 8:20 P.M. President Leonard A. Cawley, Jr. , presided . On the motion of Councillor McCabe, it was voted to dispense with the reading of the record of the previous meeting. Councillor Rochna requested and received unanimous consent to take out of order the matter of the Mayor' s appointments under "Unfinished Business ." (93) Appt. Sally Ann Fraser The matter of the Mayor's appointment of Sally Ann (Barbara) Fraser as a member Bd. of Trustees J. Robt. Shaug;inessy Hospital of the Board of Trustees for the J. Robert Shaughnessy Hospital for a term expiring July 1 , 1980, replacing Anne Walsh was then taken up. The appointment was confirmed by a roll call vote of 10 yeas, 0 nays, and 1 abs . Councillor O'Keefe was absent. I ' Appt. Thomas Kehoe (95) The matter of the Mayor's appointment of Mr. Thomas E. Kehoe as a member of the Licensing Board Licensing Board for a term expiring June, 1981 , replacing Mr. James B. Leahy was then taken up. The appointment was confirmed by a roll call vote of 10 yeas , 0 nays , 1 abs Councillor O' Keefe was absent. ppt. Donald Bennett(96) The matter of the Mayor's appointment of Mr. Donald P. Bennett as a member of the arket Area Management Market Area Management Commission fora term expiring November 1 , 1980, was then taken ommission up. On the motion of Councillor Grace, the matter was laid on the table until the next regular meeting. (97) Appt. Peter M. McSwiggin The matter of the Mayor's appointment of Mr. Peter M. McSwiggin as a member of Off Street Parking Comm. lacing the Off Street Parking Commissidn for a term expiring August 1 , 1982, replacing Henry Mielcarz was then taken up. The appointment was confirmed by a roll call vote of 10 yeas, 0 nays , 1 abs. Councillor O 'Keefe was absent. (98) Appt. Joan Boudreau The matter of the Mayor's appointment of Joan Boudreau as a member of the Salem Redevelopment Authority Redevelopment Authority for a term expiring August 1 , 1981 , replacing Joyce C. Cook, 4 f, was then taken up. The appointment was confirmed by a roll call vote of 10 yeas , { 0 nays, 1 abs. Councillor O' Keefe was absent. f (99) Appt. Christopher The matter of the Mayor' s appointment of Christopher Spencer Parker as Student Spencer Parker Youth Comm. Representative to the Youth Commission for a term of 3 years expiring March 1 , 1981 , replacing Mark Farinelli was then taken up. The appointment was confirmed by a roll call vote of 10 yeas , 0 nays , 1 abs . Councillor O 'Keefe was absent. k i 357 MARCH 9, 1978 (100) The matter of the Mayor's appointment of Mr. Anthony Paul Carnevale as a member Appt. AntF.ony Paul Carnevale Bd. Trustees of the Board of Trustees for the J. Robert Shaughnessy Rehabilitation Hospital for a J . Robt. Shaughnessy term expiring July 1 , 1980 replacing Mr. Julius Cohen was then taken up. The appoint- Hospital ment was confirmed by a roll call vote of 10 yeas, 0 nays , 1 absent. Councillor O'Keef I' was absent. Councillor McCabe moved that the City Clerk send letters of recommendation to Anne Walsh, James Leahy, Henry Mielcarz, Joyce Cook, Mark Farinelli , and Julius Cohen, for their services on their respective Boards. It was so voted. 129 The Mayor reappointment of Mrs. Paula Wall as a member of the Tourist Commission Reappt. Paula Wall Tourist Commission for a term expiring February 1 , 1981 was confirmed by a roll call vote of 10 yeas, 0 nays , 1 abs . Councillor O' Keefe was absent. 130 E The following Order, recommended by the Mayor, was adopted under suspension of Appr . Firemen's Payroll the rules. ORDERED: That the sum of Ninety Thousand Two Hundred Fifty-Six Dollars and Seventy-Eight Cents ($90,256.78) be and the same is hereby appropriated from the "Public Law #94-369 Title II" Account to the "Firemen 's-Payroll" Account in accordance with the recommendation of His Honor the Mayor. 3 The following Order, recommended by the Mayor, was adopted under suspension of 4pPr. Witch House Payroll - Bills 1 the rules. ORDERED: That the sum of Thirty Thousand Five Hundred Dollars ($30,500.00) be and I� the same is hereby appropriated from the "Witch House Receipt Fund" Account to the following: 1 . The sum of Eighteen Thousand Dollars ($18,000.00) to the "Witch House Payroll" Account. 2. The sum of Twelve Thousand Five Hundred Dollars ($12,500.00) to the "Witch House Bills" Account. In Accordance with the recommendation of His Honor the Mayor. 132 The following Order, recommended by the Mayor, was referred to the Committee on Appr. City Fall Annex Rental ® Finance under the rules. ORDERED: That the sum of Twenty-six Thousand, Seven Hundred and Fifty-two and 84/100 Dollars ($26,752.84) be appropriated from the "Reserve - Overlay Surplus" account to the "City Hall Annex - Rental" Account for the purpose of rental payments and I operating expenses at One Salem Green for the remainder of the fiscal year. 133 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Forest River Pool Debt. and Interest Finance. ORDERED: That the sum of Sixteen Thousand Eight Hundred Ninety Dollars $16,890.00 358 �•` _ _ _ ... MARCH 9, 1978 be and the same is hereby appropriated from the "Witch House Receipt Fund" Account to the "Forest River Pool Debt and Interest" Account in accordance with the recommend- ation of His Honor the Mayor. 134 Appr. City Clerk The following Order, recommended by the Mayor, was adopted under suspension of Salaries the rules. Councillor Cawley was recorded as voting present. ORDERED: That the sum of Three Thousand Five Hundred Forty Dollars and Twenty- Four Cents be and the same is hereby appropriated from the "Surplus Revenue" Account to the "City Clerk-Salaries" Account in accordance with the recommendation of His Honor the Mayor. 135 Trans. Public Property The following Order, recommended by the Mayor, was adopted. Depart. Expenses ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2,500.00) be and the same is hereby transferred from the "Public Property-Special Items" Account to the "Public Property-Departmental Expenses" Account in accordance with the recommendation (�I of His Honor the Mayor. i' i 13S Trans. Public Property The following Order, recommended by the Mayor, was adopted. Bills ORDERED: That the sum of One Thousand Sixty-Eight Dollars ($1 ,068.00) be and the same is hereby transferred from the "Public Property-Special Items" Account to the "Public Property-Bills" Account in accordance with the recommendation of His Honor the Mayor. 137 Trans. Planning Board The following Order, recommended by the Mayor, was adopted. Salaries ORDERED: That the sum of Two Hundred Five Dollars ($305.00) be and the same is hereby transferred from the "Planning Board-Bills" Account to the "Planning Board- Salaries" Account in accordance with the recommendation of His Honor the Mayor. Constables 138 The Mayor' s appointment of Mr. Frank P. Salvo, 24 Riverview Avenue, Danvers, as a constable for a term beginning March 10, 1978, was received and filed . 139 Service Zone Canal b Councillor Martineau introduced the following Order which was adopted. Washington St. 90 Day ORDERED: That the Police Department, Traffic Division, erect signs indicating "Service Zone No Parking", starting at the intersection of Canal Street and Washington Street, West side, in a southerly direction for the distance of 50 feet, for a trial period of 90 days . 1 140 ntroduced the following Order which was adopted . Legal Prepare Ordinance Councillor Rochna i RE: 5 Broad Street ORDERED: That the Salem Legal Department submit to the Salem City Council at its next regular meeting an Ordinance sufficient to authorize the Salem Police Depart- ment to tow motor vehicles unauthorized to park in the parking lot adjacent to 5 Broa Street, presently under the ownership and control of the Cemetery Department. 359 MARCH 9, 1978 i i Councillor Martineau introduced the following Ordinance which was adopted for 141First Passage Ordinance first passage. awkers, Vendors, Feddlar� i In the year one thousand nine hundred and Seventy-eight An Ordinance to amend an Ordinance on transient Vendors, Hawkers, and Peddlars Be it ordained by the City Council of the City of Salem as follows: SECTION 1 . Chapter 30, Atricle I of the Salem Code of Ordinances is hereby amended by deleting the following phrases in Section 30-3: "Board of Control , which Board" and inserting inplace thereof the words "Market Area Management Commission, which Commission" Deleting: "Five dollars ($5.00)" and inserting in place thereof "Twenty six dollars ($26.00)" SECTION 2. This Ordinance shall take effect as provided by the City Charter. 142 Councillor Grace introduced the following Ordinance which was adopted for first First Passage Ordinance Service Zone Essex St. passage. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Service Zone) 1 Be it ordained by the City Council of the City of Salem, as follows: Section 1 . Chapter 15, Section 13, of the Revised Ordinances of the City of Salem, is amended as follows : By deleting the following: On the westerly side of Washington Street, for a distance of twenty-eight feet extending northerly from a point ninety-four feet north from Essex Street as marked by signs. and Section 13 is further amended by inserting in place thereof the following: On the westerly side of Washington Street for a distance of fifty feet extend- ing northerly from a point thirty-eight feet north from Essex Street as marked by signs. {{ SECTION 2. This Ordinance shall take effect as provided by the City Charter. I 143 )1 Councillor Centorino introduced the following Resolution which was adopted byResolution: North Shore ommunity College a roll call vote of 10 yeas, 0 nays, 0 absent. and Councillor Grace voting "present". RESOLUTION WHEREAS, His Honor, the Mayor, and the City Council of the City of Salem recognize that the North Shore Community College is in the process of searching for a permanent home; AND WHEREAS, The North Shore Community College originally was established in the City �f Beverly in 1965, according to the wisdom of the Board of Regional Community r 360 March 9, 1978 Colleges and the Great and General Court of the Commonwealth of Massachsuetts; AND WHEREAS: The City of Beverly has aided and assisted the North Shore Community College in numerous ways over the past 12 years and 'has demonstrated a serious intent to retain the College by purchasing 80 acres of land at Norwood Pond based on the understanding that donation of this land to the state was both acceptable and des ireable in facilitating the construction of a permanent campus in the City of Beverly; AND WHEREAS: It is the understanding of the Mayor and the City Council that current state growth policy dictates that state investments in facilities such as community colleges will be concentrated in or near city and town centers in order to support downtown revitalization efforts, a policy with which Salem City Officials agree, especially as regards to the future home of North Shore Community College: AND WHEREAS: The City of Beverly, as a whole, but especially its downtown area, which is the focus of both state and local revitalization policy concerns, has developed a substantial dependence on the North Shore Community College for its economic well -being NOW THEREFORE BE IT FURTHER RESOLVED: That His Honor, Mayor Jean A. Levesque, and the City Council of the City of Salem do hereby indicate their full and firm support for a future permanent home of the North Shore Community College in or near downtown Beverly and respectfully request of His Excellency Michael S. Dukakis, Governor of the Commonwealth, and that of his entire Administration, in locating the community college permanently in Beverly; And that the City Clerk be and is hereby instructed to forward a copy of this resolution to the Honorable Michael S. Dukakis, State Represen- tative Bruce J . McLaughlin, State Representative J . Michael Ruane, State Representative Francis Hatch, State Representative Kevin Burke, Congress- man Michael Harrington, George Traicoff, President of North Shore Comm- unity College, Mr. Charles Hamilton, Chairman of the Board of Regional Community Colleges, Senate President Kevin Harrington, Speaker of the House of Representatives Thomas McGee, Mr. Frank Keefe, Director of the Office of State Planning, and Mr. Paul Parks, Secretary of Education for the Commonwealth. (101 ) 144 North Shore Elder Serv. Councillor Martineau offered the following ,report , for the Committee on Finance. Appr. It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the appropriation of One Thousand Two Hundred Eighty-four Dollars and Ten Cents ($1 ,284. 10) from the "Meals for Aged Title V11" Account in order to pay "North Shore Elder Services, Inc. ," has considered said matter and would recommend that the appropriation be granted. 3EA March 9, 1978 Councillor Lovely offered the following report for the Committee on Muni145 (72) cipal Sperry Rand Univac Contract Services. It was voted to accept the report and adopt the recommendation. Councillor. Martineau was recorded as voting "present' . I The Committee on Municipal Services to whom was referred the question that the I' City Council authorize the Mayor of the City of Salem to enter into a contract with th Sperry Rand Corp. for the purchase of a Sperry Univac 90/30 Data Processing system to replace the currently installed computer system which goes off lease in June, 1978, has considered said matter and would recommend that the City Council grant such authorization. 146 (73) Councillor Usovicz offered the following report for the Committee on Personnel Ordinance amending Salary Schedule and Salaries. It was voted to accept the report. First Passage Councillor Martineau requested a five minute recess at 8:35 P.M. The Council reconvened at 8:40 P.M. Adoption of the Recommendation was so voted. The Committee on Personnel & Salaries to whom was referred the matter of an Ordinance to amend the classification and Salary Schedule of certain employees of the City of Salem has considered said matter and would recommend first passage of the Ordinance as introduced at the February 9, 1978 meeting. 147 (103) Councillor Centorino offered the following report for the Committee on James T. Ronan "Special Municipal Employee" Ordinances & Legal Affairs. It was voted to accept the report and adopt the recommen- cation by a roll call vote of 10 yeas, 0 nays, 0 abs. , 1 "present". Councillor Martineau was recorded as voting present. The Committee on Ordinances '& Legal Affairs to whom was referred the appoint- ment of Mr. James T. Ronan, Esquire, as a "Special Municipal Employee" under the provisions of Massachusetts General Laws Chapter 268A Section 1 , Subsection N, has considered said matter and would recommend that the appointment be approved. Councillor Usovicz requested a recess at 8:55 P.M. The Council reconvened at 8:58 P.M. Councillor Usovicz moved that the Committee of the Whole meeting scheduled for 9:00 P.M. be cancelled. It was so voted. Councillor Usovicz then offered the following report for the Committee on Realignment. He stated that the Committee feels that the goals may be accomplished quickly by working with City Planner Senko, and Cheryl Cooper. They will come up with a number of alternatives. Working with the Planning Department would be a wise thing to do. There were no Communications from City Officials. I 362 March 9, 1978 148-150 Taxi Operator Appl . The following Taxi Operator Applications were referred to the Committee on Licenses & Permits. Emily M. Dunham, 131 Bridge St . , Salem John M. Eliuk, 14 Summer St. , Salem Marlene E. Kraatz, 123 Bridge St. , Salem 9 151 Taxi Operator Renewal The Taxi Operator Renewal License of Santo Salvatore, 31 Lothrop Street, Beverly, was referred to the Committee on Licenses & Permits. 152 Auctioneer Carl Stinson The Special One Day Auctioneer License Application of Carl W. Stinson, 293 Haverhill Street, Reading, for March 25, 1978 at Hamilton Hall was granted. 153-162 Claims The following Claims were referred to the Committee on Ordinances & Legal Affairs . Alfred Barefield, Jr. , 28 Lynde Street Apt . 5, Salem Barton Realty Company, Inc. , 140 Washington St. , Salerq Arthur T. Garrity, 140 North Street, Salem i Bertrand Julien, 16 Garfield Avenue, Beverly Paul J . LaBonte, 78 Bridge St. , Salem Joseph M. O' Day, Jodeen Car Wash, Bridge St . , Salem Wilfred Pelletier, 7 Lawrence Street, Salem Tulio J . Peruffo, 2A Dunlap Street, Salem Mr. & Mrs. Eugene Rakoc, 2 Felt St. , Salem t Louis & Ann Sieczkowski , 68 School St. , Salem 163-164 Sign Bonds The following Sign Bonds were referred to the Committee on Rules & Bonds and returned approved. Joseph Vaich d/b/a Essex Camera Shop, 286 Essex St. Ernest R. Khouri , Ralph Khouri , 226 Essex Street . SECOND PASSAGE (79) The matter of Second Passage of and Ordinance to amend an Ordinance Chapter Claims Against City 2, Article XXI Claims against the City was then taken up. The Ordinance was adopted for second and final passage. d (109) �� 1 Ordinance Removal of The matter of second passage of an Ordinance amending Section 26-13 and Section Snow & Ice from Side- walks 26-14 "Removal of Snow and Ice from Sidewalks" was then taken up. Councillor Usovicz moved that the matter be laid on the table. It was so voted. (lt4-A Second Passage The matter of second passage of an Ordinance to amend an Ordinance relative to Mayor' s Salary the Mayor' s compensation was then taken up. MARCH 9, 1978 Councillor Grace moved for the adoption of Question I . "Effective January 1 , 1981 , the Mayor shall receive $30,000.00" It was adopted for second and final passage i� by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Councillor Grace moved for immediate reconsideration hoping it does not prevail . Reconsideration denied. Councillor Grace moved for the adoption of Question 2. "Effective January 1 , 1980, the Mayor shall receive $27,500.00'' It was adopted for second and final passage by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Councillor Grace moved for immediate reconsideration hoping it does not prevail . Reconsideration denied. Councillor Grace moved for the adoption of Question 3• "As soon as Charter allows, the Mayor shall receive $25,000.00''. It was adopted for second and final passage by a unanimous roll call vote. Councillor Grace moved for immediate reconsideration hoping it does not prevail . Reconsideration denied. (120-A) The matter of second and final passage of an Ordinance creating the position Second Passage - Director of Constituent of Director of Constituent Services and the Salary Schedule was then taken up. Services t Creation of the Position was adopted for second and final passage. Adoption of the Salary Schedule was voted by a roll call vote of 8 yeas, 3 i nays, 0 absent . Councillors Councillor Grace moved for immediate reconsideration hoping it does not prevail . Reconsideration denied. Jurors Councillor Martineau was appointed to draw three (3) jurors for the Salem at Lawrence Superior Court April 3, 1978 sitting at Lawrence. 1 . Fred J . Korpusik, 11 Curtis Street, Warehouseman 2. Robert M. DeGrasse, 7 Upham Street, Salesman 3. Elaine L. Latinik, 4 Turner Street, Clerk Jurors Councillor Usovicz was appointed to draw five (5) jurors for the Salem at Salem Superior Court April 3, 1978 sitting at Salem. 1 . Sally G. Stingel , 18 Belleview Avenue, Packer 2. John E. Coughlin, 12 Pope Street, Production follower 3• Pamela Ann DeCesare, 261 Valley Street, Housewife 4. Emmanuel C. Hios, 57 Dow Street, Surface Grinder us 3C4 MARCH 9, 1978 5• Deborah L. Burnham, 39 Dunlap Street, Clerk Typist. On the motion of Councillor Grace, the meeting adjourned at 9: 15 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK i i i o� 1 36�J MARCH 21, 1978 A Public Hearing was held in the Council Chamber on Tuesday, March 21, 1978 at 8:00 P.M. for the purpose of discussing the Establishing of a Housing Review Board. Notice of this meeting was posted on March 17, 1978 at 9:25 A.M. and advertised in the Salem Evening News on March 16, and March 20, 1978. Councillor George A. Nowak was absent. I Councillor Joseph Centorino, Chairperson arson of the Conmittee on Ordinances & Legal Affairs presided. Councillor Centorino spoke briefly and explained that the proposed Ordinance was presently in the Committee on Ordinances & Legal Affairs for study, after which time the matter would be reported out either favorably or unfavorably. (See Council paper #108 for proposed Ordinance) Councillor Centorino asked everyone speaking to be specific, and everything stated should be constructive. He asked that each person tell the Council why and what they would be in favor of, and thirdly to be brief. Councillor Centorino then invited those in favor of the proposed Ordinance rel- ative to the Establishing of the Housing Review Board to speak - those against the Ordinance would be able to voice their opinions later. Speaking in favor of the Ordinance were the following: Mr. Cornelius J. Flynn, 7 Mt. Vernon Street, stated he was in favor of this Ordinance because of a substantial raise he received in his rent recently. i Mr. Nemo J. Febonio, 67 Winthrop Street, questioned how can we give any comments on this matter since a Review Board has not as yet been selected. Councillor Centorino replied before it is decided to pass this Ordinance the Council will solicit public input. Mr. Paul Mullen, 96 Washington Square, stated that Salem is a changing oommuiity and is a most desirable place to live, and the establishment of the Review Board would give tenants a chance to discuss their views. Mr. Louis J. O'Brien, 23 Cedar Street, said that the Review Board was long over- due. The rents are out of control. Joanne Cronin of 30 Forrester Street, stated that she is on a fixed income and hei rent is taking up two-thirds of her income. She said that the landlords never make repairs promised, and it is unfair that landlords continue to raise rents - City needs a Board of this type. Mr. Fred Perry, 141 North Street, stated that he is tired of being ripped off. Mr. Bruce H. Freeman, 4 Curtis Street, Assistant Director of the Council on Aging said that he has been a tenant in Salem for the past eight years. He spoke in behalf Of the elderly and stated that they live on low or fixed ins and a Housing Review Board would be most helpful to them. He remanded passage of the Housing Review Boar Ordinance. 366 MARCH 21, 1978 Mr. Allan B. Deitch, 17 Winter Street, Social Worker, stated that this Ordinance is not rent control He stated rents cannot be raised without a hearing which is a good point in the proposed Ordinance. He stated that section 4 of the Ordinance is most i important and feels that the Mayor should appoint good people to this Board. Judith A. Teague, 8 Smith Street, Social Service Coordinator for the Council on Aging, stated that a major problem in Salem is limited housing for the elderly. They are living on a fixed income. She stated that increases in rents pose serious health hardships. Lucille C. Nadeau, 12 Brown Street, stated that sane landlords are only interested i in receiving rents. The Health Department should be more interested in enforcing the health code of these hones. She stated that she is trying to pay her bills, and if I taxes go up, she will have to increase her rents, as she is a property owner. Mary E. Collins, 38 Perkins Street, stated that she had a rent increase recently. The other two apartments in her building are vacant, and the landlord is advertising them for $115.00 per month. She stated that she is paying $165.00 per month. * (See Last Page.) **A spokesperson from Community outreach Program stated that tenants are reluctant to complain to the Board of Health, because they fear their rents will be raised. She stated that the rents on Peabody Street are running $200.00 per month, and the ceilings are falling, paint is peeling, etc. Mr. Frank Brandeur, a new resident in Salem, claimed the city has poor housing conditions. Ms. Angie Rodriques from the Youth Caumission, stated that she endorses the Hous- ing Review Board proposal. i Speaking in opposition of the Ordinance were the following: Mr. Paul J. D'Amour, 181, Linden Street, stated that if this board is established, it is the same as rent control and developers will be discouraged frau coning into the city. He said Salem has the most low income housing for the size of the city and in the last five years, low income housing has been developed for approximately 600 families in our city. Some apartments are rented to two or three people, then the land I lord returns to find there are seven or eight people living in the apartment. He stat- ed that the city has a bad zoning code enforcement. O� Mr. Hugh J. Gilbert, 3 Raymond Avenue, asked if this Board is going to protect both sides. He spoke at length and complained about taxes and a general discussion on tax rate in the city. Mr. John Highland, 107 Broadway, asked Councillor Centorino what the difference between a Rent Review Board and Rent Control Board was. Councillor Centorino replied that rent control involves setting of rent, and a landlord must appear before the rent control board for a hearing prior to raising rents, whereas, a rent grievance board, the landlord would not be restricted from raising rent uless a tenant brings a grievan 31;7 MARCH 21, 1978 to the board. Mr. Spiros Flomp stated that tenants do have safe guards. They can withhold their rent. He stated that rent review board means rent control, and in Lynn, this did not work. John Highland did not believe that there is a housing shortage in the City of Salem. He questioned whether this board would have the right to inspect properties. Mr. Phil Moore, 10 Bently Street, stated that he owns property in Salem, and wha would happen if he raised his rent after extensively improving his property to a $100.0 increase. Councillor Centorino replied under this proposal, landlords would be guaran- teed a fair income. Margaret Martin questioned whether this board -would be the deciding factor. Councillor Centorino replied that after the decision of the board, the landlord or j tenant could appeal to the district court. A resident of Ward 7 spoke and stated that landlords in his ward prefer to get college students rather than families and are charging students $25.00 each. He also stated that whenever the building inspector is called relative to violations, he never shows up. The meeting adjourned at 9:12 P.M. * Marshal McFarland, representative of North Shore Elder Affairs, spoke on behalf of her clients who are afraid to core forward and speak on their rent increases and other problems they are encountering. f ** Joanne Duhl, a, spokesperson from Community Outreach Program (See first Page)** ASS': JOSEPHINE R. FUSCO CITY CLERK i I '' 3CS MARCH 23, 1978 A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 23, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Noti of this meeting was posted on March 17, 1978 at 9:25 A.M. There was no one absent. President Leonard A. Cawley, Jr. presided. On the motion of Councillor McCabe, it was voted to dispense with the reading of the record of the previous meeting. 165 Appt. Peter C. DiGangi The Mayor's appointment of Attorney Peter C. DiGangi as a member of the Planning Planning Board Board for a term expiring July 8, 1981, replacing Mr. Brian T. O'Keefe, was held until the next meeting under the rules. 166 Trans. Legal Opinion The following Order, recommended by the Mayor, was referred to the Committee on Certification, Etc. Finance. ORDERED: That the sum of Two Thousand Eight Hundred Dollars ($2,800.00) be and the same is hereby transferred from the "Interest Temporary Loans" Account to the i "Legal Opinion Certification, etc" Account in accordance with the recommendation of His Honor the Mayor. 167 Appr. Ceneter7 Purchase The following Order, recommended by the Mayor, was adopted under suspension of of Vaults the rules. ORDERED: That the sum of Two Thousand Dollars ($2,000.00) be and the same is hereby appropriated from the "Sale of Vaults" Account to the "Cemetery Purchase of Vaults" Account in accordance with the recommendation of His Honor the Mayor. 168 Appr. North Shore Elder The following Order, recomunended by the Mayor, was adopted under suspension of Services, Inc. the rules. ORDERED: That the sun of One Thousand One Hundred Thirty-Five Dollars and Eighty Cents ($1,135.80) be and the same is hereby appropriated from the "Meals for Aged Title VII" Account in order to pay "North Shore Elder Services, Inc." in accordance with the recommendation of His Honor the Mayor. Councillor McCabe assumed the Chair for President Cawley. i 169 Trans. Work mm's Coup. The following Order was received frau the Mayor. Councillor Cawley moved that it Payroll be referred to the Committee on Finance until we can get the Workmen's Compensation Agent to discuss the matter further. It was so voted. ORDERED: That the sun of One Thousand Three Hundred Eighty Five Dollars and Fifteen Cents ($1,385.15) be and the same is hereby transferred frau the "Cemeteries Payroll" Account to the "Workuten 's Compensation-Payroll" Account in accordance with the recommendation of His Honor the Mayor. j I President Cawley resumed the Chair. 369 MARCH 23, 1978 170 The Mayor's appointment of the following Constables in the City of Salem for 1 Constables year effective April 1, 1978, was received and filed. Nunzio Bonaui.to, 58 Endicott Street, Salem Stephen. F. Dumas, 28 Broad Street, Salem Raytmnd Kulakowski, 464 Lafayette Street, Salem Martin E. Landers, 25 Warren Street, Salem 171 Councillor Grace introduced the following Order, which was referred to the Mayor increase appr. Comrdttee on Municipal Services on the motion of Councillor McCabe. to playgrounds July 4 ORDERED: That the Mayor either equalize the 4th of July playground appropriation to increase with the census figures, or increase the allocations to the larger wards I as shown in the following breakdown. I( # of Children Appropriation WARD I 744 per Child 392 $ 290.00 WARD II 484 per Child 608 290.00 WARD III 404 per Child 733 290.00 VPM IV 204 per Child 1,429 290.00 WAM V 164 per Child 1,005 160.00 I WWAMD VI 274 per Child 1,114 300.00 WARD VII 294 per Child 1,145 335.00 $1,955.00 172 Councillor Rochna introduced the following Ordinance which was adopted for first First Passage Ordinace Toa Zone 5 Broad St. passage. Parking Lot In the year one thousand nine hundred and seventy-eight- An Ordinance to amend an Ordinance in regard to Tow-Away Zone regulations Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 74 of the Salem Code of Ordinances is hereby amended by adding after paragraph "m", Paragraph "n" "n" In or upon the parking lot adjacent to 5 Broad Street, at the intersection of Broad Street and Winthrop Street, such parking lot being presently under the ownership and control of the City of Salam Board of Cemetery Commissioners." Section 2. This Ordinance shall take effect as provided by City Charter. i� I Councillor Rochna requested and received unanimous consent to take out of order 173 Comm. from School Dept. the matter of a communication, under Petitions, from Spokeswoman Marguerite Fitzgerald Employees RE: Parking Alpers, relative to Salem School Department Employees from the Administration Building at and Oliver School parking at 5 Broad Street. Councillor Martineau requested and received unanimous consent for a two minute recess at 8:20 P.m. The Council Reconvened at 8:25 P.M. Councillor Nowak angled the Comcwiication that the City Clerk cxrmunicate with 3'70 MARCH 23, 1978 the spokesperson on behalf of the City Council, acknowledging receipt of the letter, and stating that the Council feels that there is adequate parking in the city, specifi- cally in Riley Plaza. It was so voted. The Communication was received and filed as amended. 174 lectrician survey Councillor Daly introduced the following Order which was adopted. � Bradley Rd. & .'clarion Rd. Fire Alarm Box ORDERED: That the City Electricial survey the Bradley and Marion Road area for i the installation of a Fire Alarm Box and if he finds this installation feasible, that he take steps necessary to carry out this request. 175 ity awned equip. under Councillor Lovely introduced the following Order which was referred to the urisdiction of D.P.W. Committee on Municipal Services. RDERED:Thatall City owned equipment excluding Police and Fire to be brought under the control of the Director of the Department of Public Works in emergency situations when declared so by the Director of the Department of Public Works. f � 176 r uaI Report submitted Councillor Lovely introduced the following Order which was referred to the Council before Dec. 1 Committee on Municipal Services. ORDERED: That Annual Reports of Department Heads be submdtted to the full Council on or before December 31. 177 L Suspend Traffic Ban Councillor Lovely introduced the following Order which was adopted. as of April 1 ORDERED: That Traffic Ordinance Chapter 15, Section 51A be temporarily suspended, by changing April 15th to April 1st for the calendar year 1978. AND BE IT FURTHER ORDERED: That a system of odd-even parking for period of midnight April 1, 1978 until midnight April 31, 1978, per order of the Director of Public Services and the City Marshal. AND BE IT FURTHER ORDERED: That the City Clerk publish the above order in the proper manner. (132) 178 Appr. City Hall _Uuiex Councillor Martineau offered the following report for the Committee on Finance. Rental Account It was voted to accept the report. The Committee on Finance to whom was referred the appropriation of the sum of Twenty-Six Thousand Seven Hundred and Fifty-two dollars and eighty four cents ($26,752.84) frcrn the "Reserve overlay Surplus" Account to the "City Hall Annex Rental" Account has considered said matter and would recommend that the appropriation be granted. Councillor McCabe assumed the Chair for President Cawley. Councillor Cawley moved that the Finance Committee Report be tabled. It was so voted be a roll call vote of 10 yeas, 1 nay, 0 abs. 3'71 MARCH 23, 1978 Councillors Centorino, Daly, Grace, Lovely, 14cCabe, Nowak, O'Keefe, Rochna, Usovic , and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. I President Cawley resumed the Chair. Councillor Grace offered the following report for the Comm179ittee on Licenses & Granting Licenses 1 Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following licenses be granted. NEW LICENSES r TAXI OPERATOR Emily M. Dunham, 131 Bridge Street, Salem John M. Eliuk, 14 Summer street, Salem Marlene E. Kraatz, 123 Bridge Street, Salem RENEWALS k TAXI OPERATOR Santo Salvatore, 31 Lothrop Street, Beverly 180 (80) Councillor McCabe offered the following report for the Committee on Rules & Amending Council Rule 1-A Bonds. It was voted to accept the report and adopt the reconmendation. Councillor Cawley was recorded as opposed. The Committee on Rules & Bonds to when was referred the proposed amendment to Rule 1-A changing the number of nights on which citizens shall be given the opportunit to address the Council has considered said matter and would recommend that the word "three" be changed to "two" and the amanr7"wnt be adopted to read "at least one but not more than two public hearings" so that such rule shall read "The Council shall fi hold at least one, but not more than two public hearings for the purpose of hearing citizens. . .etc" 181 (22) Councillor McCabe offered the following report for the Committee on Rules and Amending Council Rule 32-D Bonds. It was voted to accept the report and adopt the recommendation. The Committee on Rules & Bonds to whom was referred the proposed amendment to the 182 Amending Council Rule Council rules by adding Rule 32-D has considered said matter and would recommend that 28-A the proposed amendment not be adopted. MARCH 23, 1978 183 Pole & Wire location A hearing was ordered for April 13, 1978 on the petition of Massachusetts Electri Kernwood Country Club Company and Kernwood Country Club for the installation of a power line over City owned land. i 1 184 - 190 axi Operator Applica- The following Taxi Operator Applications were referred to the Committee on ions Licenses & Permits. NEW APPLICATIONS TAXI OPERATOR Joel Blumenthal, 59 Dartmouth Street, Somerville David Femino, 14 Hathorne Street, Salem Michael D. Gagnon, 24 Howard Street, Salem Wayne M. Parker, 6 Prince Street, Salem PASSENGER CARS (2) Wayne M. Parker, 6 Prince Street, Salem TAXI STAND Wayne M. Parker, 6 Prince Street, Salem 'i Sea Worms SEA VURMS Raymond Marcorelle, 110 Leach Street, Salem 191 �enewrals of pertain A list of certain renewals was referred to the Committee on Licenses & Permits. icenses TAXI OPERATOR Martin Kerrigan, 36 Fulton Street, Peabody John P. Wilkinson, 35 Briggs Street, Salem SEA HRMS Joseph Kobierski, 48 Webb Street, Salem John Kobierski, 48 Webb Street, Salem 192 uctioneer Renewal The Auctioneer Renewal License. of Dorothy Frye Cohen, 5 Fairfield Street, Salem was granted. 193-198 Claims The following Claims were referred to the Committee on Ordinances & Legal Affairs Christopher Columbus Society of Salem 24 Endicott Street, Salem Dennis M. Connor, 70 Paradise Road, Swampscott Robert G. Cook, 23 Ward Street, Salem Mrs. Kevin Greene, 7; Hancock Street, Salem John L. Ouellette, 163 Marlborough Road, Salem Irwin Willins, 36 Arbella Street, Saler 199-200 Constable Bowls The following Constable Bonds were referred to the Committee on Rules & Bonds and returned approved. CONSTABLE Paul D. Godjikian, 117 Webb Street, Salem Robert J. Godjikian, 117 Webb Street, Salem i.. f 3'73 MARCH 23, 1978 The matter of the Mayor's appointment of Mr. 96) Donald P. Bennett as a member of the (Mar$et Area Management Market Area Management Commission for a term Commission Donald P. expiring November 1 1980 was then taken Bennett Appt. up. The appointment was confirmed by a unanimous roll call vote. The matter of second and final passage of an Ordinance amending Transient Vendors, Second Passage Ord. Hawkers, and Peddlars was then taken u p. Councillor Martineau Amending Transient amended to include Vendors, Hawker, & sections 30-22, 30-24, and Code Intex. Peddlars Amerxtnent Voted. The Ordinance was adopted for second and final passage as amended, so that it shall now read as follows: In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance on Transient Vendors, Hawkers, and Peddlars Be it ordained by the City Council of the City of Salem, as follows: ection 1. Chapter 30, Article I of the Salem Code of Ordinances is hereby amended by eleting the following phrases in Sections 30-3, 30-22, 30-24, and the Code Index. "Board of Control, which board" And inserting in place thereof the words: "Market Area Management Commission, which Commission" Delete the following: "five dollars ($5.00) " and inserting in place thereof the wurds: "twenty six dollars ($26.00) " ection 2. This Ordinance shall take effect as provided by the City Charter. The matter of second and final passage of an Ordinance relative to Traffic, amend- (142 Passage Traffic Sec. 13 Servi g Chapter 15, Section 13 Service Zones - Washington Street at Essex Street, was then ZonE Wash. & Essex St. :aken up. On the motion of Councillor Grace, the Ordinance was adopted for second and inal passage. (73) The matter of second and final passage of an ordinance amending the Salary Schedule Seocnd Passage Of certain employees in the City of Salem effective January 13. 1977, was then taken up. Amending Salary Ord. Councillor O'Keefe moved to delete the salary appearing in this ordinance and putting instead the salary as corrected to $28,600.00 Councillor moved that the Council recess at 9:40 P.M. It was so voted The Council reconvened at 9:45 P.M. Councillor O'Keefe requested and received unanimus consent to withdraw his motion. Councillor Usovicz amended to delete Under Job Group 51 Long Term Care Executive 'rector $22,808.00 and insert Executive Director $28,600.00 Amendment Voted. The Ordinance was adopted as amended for second and final passage. Councillor was recorded as opposed. ONF _ 3'74 MARCH 23, 1978 Jurors t Salem Councillor Usovicz was appointed to draw seven jurors for the Salem Superior Court May 1, 1978 sitting at Salem. 1. Edward F. Marquis, Sr. 16 Phillips Street, Wet Wheeler 2. Gilbert J. Fontaine, Jr. 26 Gallows Hill Road, Sales Manager 3. Patricia K. Munroe, 72 Endicott Street, Bookkeeper 4. Dorothy M. Walsh, 30 Cabot Street, Clerk 5. Robert J. Tinel, 7h Hancock Street, Buyer 6. Carole J. King, 4 Cloverdale Avenue, Assembler 7. Annette E. Poirier, 33 Sable Road, Clerk On the motion of Councillor Grace, the meting adjourned at 9:45 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK �� 7 375 - MARCH 30, 1978 A Special Meeting of the City Council was held in the Council Chamber on Thursday, March 30, 1978 at 7:45 P.M. for the purpose of taking action on the matter of an appropriation of $26,752.84 from "Reserve Overlay Surplus" Account to the "City Hall Annex Rental" Account, Notice of this meeting was posted on Tuesday, March 28, 1978 at 4:00 P.M. There was no one absent. President Leonard A. Cawley, Jr, presided, Councillor Martineau moved to dispense with the reading of the record of the previous meeting. It was so voted, Councillor Martineau moved to take from the table the matter of adopting the (178) Committee report recommendation of the Finance Committee report which was introduced at the March 23, Appr. $26,752,84 "City Hall Annex 1978 meeting relative to an appropriation of $26,752,84 from "Reserve Overlay Surplus" Rental" Account Account to the "City Hall Annex Rental" Account, It was so voted, See # 178 Councillor O'Keefe requested and received unanimous consent to allow City Planner W. Gregory Senko & City Auditor Charles T. Passales to answer questions relati vE to the appropriation. Councillor Martineau assumed the Chair for President Cawley, Councillor Cawley offered the following amendment, "Amend the recommendation of the Finance Committee by deleting the figure Twenty-Six Thousand, Seven Hundred and 3ifty-Two Dollars and 84/100 ($26,752,84) and inserting in its place the figure Five '110usand Nine Hundred Seventy Eight Dollars and 08/100 ($5,978,08) " The amendment was adopted. . The recculMendation as introduced at the March 23, 1978 meeting and as amended by Councillor Cawley was unanimously voted, so that it shall now read as follows: The Committee on Finance to whom was referred the appropriation of the sum of Twenty-Six thousand, seven hundred and fifty-two and 84/100 dollars ($26,752.84) from th'_ "Reserve - Overlay Surplus" account to the "City Hall Annex Rental" Account has considered said matter and would recommend deleting the figure Twenty-Six thousand Seven hundred and fifty-two and 84/100 Dollars and inserting in its place the figure Fiva thousand Nine hundred and seventy-eight and 08/100 dollars ($5,978,08) , and that the appropriation be granted, Councillor Usovicz requested unanimous consent to take up motions, orders, and resolutions, The Chair objected. On the motion of Councillor Daly, the meeting adjourned at 9:10 P.M. A71EST: JOSEPHINE R, FUSCO CITY CLERK APRIL 13, 1978 A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 13, 1978 at 8:00 P.M. for the purpose of transacting any and all busi- ness. Notice of this meeting was posted on March 30, 1978 at 10:47 A.M. There was no one absent. President Leonard A. Cawley, Jr. presided. 1 Councillor McCabe moved to dispense with the reading of the record of the �) previous Special Meeting. It was so voted. 201 Pole Location Hearing A hearing was held on the order of Massachusetts Electric Company and Kernwood Kernwwd Country Club Country Club to erect a power line over city vaned land. Appearing in favor were Attorney Barry Berkal for Kernwood Country Club and Councillor George McCabe. There was no one opposed. The hearing was closed. Councillor McCabe moved that permission be granted. It was so voted. Councillor Lovely recognized and acknowledged the presence of Salem Alternative i School children. 202 Appt. William D. The Mayor's appointment of W. William D. Jeffrey, 16 Sunset Road, as an Assis- Jeffrey Asst. Harbor- master tant Harbormaster was held until the next meeting under the rules. (165) Appt. Peter C. DiGangi Councillor O'Keefe requested and received unanimous consent to take the matter Planning Board of the appointment of Mr. Peter C. Digangi to the Planning Board out of order. The appointment was confirmed by a roll call vote of 10 yeas, 0 nays, 0 abs., 1 "present". Councillor O'Keefe was recorded as voting "present". 203 ppr. 11city Hall Annex The following order, recommended by the Mayor, was referred to the Committee Rental" on Finance. ORDERED: That the sum of Fifty - One Thousand Eight Hundred Forty - Seven Dollars and Six Cents ($51,847.02) be and the same is hereby appropriated frau the "Surplus Revenue" Account to the "City Hall Annex-Rental" Account in accordance with the recoamendation of His Honor the Mayor. 204 r. Veterans Services The following Order, recommended by the Mayor, was referred to the Cowmittee lief & Burial on Finance. ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Veterans Services - Relief and Burial" Account in accordance with the recommendation of His Honor the Mayor. 205 Appr. Police Parking The following Order, recmuended by the Mayor, was adopted. Meter, Signs, and Equip. ORDERED: That the sum of Five Thousand Dollars .($5,000.00) be and the same is hereby appropriated from the "Off Street Parking Fund" to the "Police-Parking Meter, Signs, and Equipment" Account in accordance with the recomrendation of His Honor the Mayor. 3'77 i APRIL 13, 1978 206 The following Order, recommended by the Mayor, was referred to the committee on Appr. Pumping Station Salaries Finance. ORDERED: That the sum of Four Thousand Two Hundred Nineteen Dollars and Ninety- T%aO Cents ($4,219.92) be and the same is hereby appropriated frau the "Surplus Revenue" (� Account to the "Pumping Sration - Salaries" Account in accordance with the recannenda- \\\ tion of His Honor the Mayor. 207 The following Order, recomnended by the Mayor, was referred to the Committee on Appr. Dog Officer Care & Custody Finance. ORDERED: That the sum of Four Thousand Dollars ($4,000.00) be and the same is hereby appropriated frau the "Surplus Revenue" Account to the "Dog Officer - Care and f Custody" Account in accordance with the recommendation of His Honor the Mayor. 208 The following Order, recommended by the Mayor, was adopted. Appr. Electrical Warning light Beacon Street ORDERED: That the sum of Three Thousand Dollars ($3,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Electrical - Warning Light Beacon Street" Account in accordance with the recommendation of His Honor the Mayor. 209 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Cemetery Departmen Expenses Finance. ORDERED: That the sum of Two Thousand Dollars ($2,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Cemetery Department Expenses" Account in accordance with the recomrendation of His Honor the Mayor. 210 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Public Property Administration Payroll Finance. ORDERED: That the sum of One Thousand Five Hundred Ten Dollars and Forty-Six Cents ($1,510.46) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Public Property - Administration Payroll" Account in accordance with the recommendation of His Honor the Mayor. 211 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Veterans Services Salaries Finance. ORDERED: That the sun of Seven Hundred Dollars and Seventy - Two Cents ($700.72) be and the same is hereby appropriated fran the "Surplus Revenue" Account to the "Veterans' Services - Salaries" Account in accordance with the recammendation of His Honor the Mayor. APRIL 13, 1978 212 g the Mayor. Councillor Usovicz moved to Aper. City Council The following Order was recomtended by Yo Unpaid Salaries Acct. 1974 suspend the rules and refer the matter to the Committee on Personnel & Salaries. There " were no objections. Councillor Nowak was recorded as voting "present . OR That the sum of Two Hundred Seventy�itao Dollars ($272.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "City Council Unpaid Salaries 1974" Account in accordance with the recommendation of His Honor the 1� Mayor. 213 Trans. Medicare Exten- The following Order, recommended by. the Mayor, was adopted. sion Account ORDERED: That the sum of Fifteen Thousnad Dollars. ($15,000.00) be and thesame is hereby transferred from the "Interest - Temporary Loans" Account to the "Medicare Extension" Account in accordance with the recommendation of His HonortheMayor. 214 - y ans. Golf Course The following order, recommnded by the Mayor, was adopted. Supplies ORDERED: That the sum of Five Thousand Dollars ($5,000.00) be and the saw is hereby appropriated from the "Golf Course Receipts Fund" Account to the "Golf Course Supplies" Account in accordance with the recomendation of His Honor the Mayor. pr. Public Property 215 The following order, recommended by the Mayor, was referred to the Committee on Departmental Building Payroll Finance. ORDERED: That the sum of Five Hundred Thirty Dollars and Ninety - One Cents ($520.91) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Public Property - Departmental Building - Payroll" Account in accordance with the recommendation of His Honor the Mayor. 216 ans. Electrical Bills The following Order, recommended by the Mayor, was adopted. ORDERED: That the sum of Two Hundred Seventy-Six Dollars and Thirty Cents ($276.30) be and the same is hereby transferred from the "Traffic Signal Tremont Street' Account to the "Electrical - Bills" Account in accordance with the recommendation of His Honor the Mayor. 217 er of Taking 60 Acres The following Order of Taking was received from the Mayor which was referred to orest River Water Shed the Committee on Community Development under the rules. ORDER OF TAKING IN CITY COUNCIL APRIL 13, 1978 RESOLVED, that the com on health, welfare, convenience, benefit and necessity of the inhabitants of the City of Salem require that all right, title, and interest in Mme the following described parcels be taken for the purpose of preserving for conservation purposes Salem's last natural river, the Forest River, and forever insuring public access to the flood plain and bordering rocky uplands, which comprise the parcels which are the subject of this taking, for purposes of hiking, birding, cross country skiing, skating, canoeing, horseback riding, picnicking, and nature study. All trees, ;3'7J APRIL 13, 1978 shrubbery, bushes, and other natural vegetation present on the parcels to be taken as of the above date are specifically included in the taking. The parcels of land in Salem Essex County, Massachusetts, which are the subject j of this taking are shown on a plan entitled "Plan Accompanying the Taking and Transfer l of Land in the City of Salem for Conservation Purposes" on file at the City Engineer's Office, said parcels being numbered irregularly commencing with parcel 5, and being described as follows: PARCEL 5. The land in the City of Salem being numbered as parcels 1 and 2 as shown on plan of land entitled "Plan of Land in Salem" prepared for .City of Salem Conservatio Commission, dated January 30, 1978, Robert Bowman, Registered Land Surveyor, to be filed herewith. Said parcel of land being described as follows: (Parcel 1.) . Beginning at-a point on the Northeasterly side of Loring Hills Avenue and running NORI43EASTERLY two hundred forty-two and 42/100 (242.42) feet, thence running on a northerly curve forty-seven and 2/10 (47.2) feet; thence running NORTHEASTERLY twelve (12) feet, thence running in a westerly direction sixty-five and 43/100 (65.43) feet; thence NORTHEASTERLY eight and 14/100 (8.14) feet; thence WESTERLY on two courses, one hundred seventy-three and 94/100 (173.94) feet and three hundred twenty-seven and 88/100 (327.88) feet; thence turning and running NORTHEASTERLY on five courses, one hundred sixty-seven and 41/100 (167.41) feet, seventy-four and 21/100 (74.21) feet, two hundred eighty-seven and 94/100 (287.94) feet, three hundred seventy and 22/100 (370.22) feet, and one hundred seventy six and 83/100 (176.83)feet; thence turning and running WESTERLY one hundred seventy-four (174) feet; thence turning and running NORTHWESTERLY fifty-nine and 52/100 (59.52) feet; thence turning and running NORTHERLY on two courses, one hundred fifteen and 33/100 (115.33) feet and one hundred seven and 5/100 (107.05) feet; thence turningf and running NORTHEASTERLY two hundred ninety-six and 9/10 (296.09) feet; thence turning and running EASTERLY on three courses, one hundred sixty-seven and (167.9) feet, one hundred ninety-one and 8?10 (191.08) feet and three hundred eighty- nine and 6/10 (389.06) feet; thence turning and running NORE-1 ASTERLy on two courses, one hundred forty-two and 6/10 (142.06) feet and one hundred eighty-six (186) feet more or less, thence turning and running �TERLY nineteen (19) feet more or less; thence turning and running SOUTHEIMY sixty (60) feet; thence turning and running EASTERLY on three courses, one hundred eleven and 16/100 (111.16) feet, one r . 3'e APRIL 13, 1978 one hundred thirty-two and 22/100 (132.22) feet, and fifteen and 28/100 (15.28) feet; thence turning and running SOUTHERLY on fifteen courses, ninety-five and 9/10 (95.09) feet, thirty- three and 6/10 (33.6) feet, one hundred six and 72/100 (106.72) feet, thirty-five and 4/10 (35.04) feet, eight and 79/100 (8.79) � � feet, sixty-four,and 86/100 (64.86) feet, one hundred nine and 19/100 (109.19) feet, one hundred twenty-nine and 37/100 (129.37) feet, two hundred and 82/100 (200.82) feet, one hundred twenty-four and 27/100 (124.27) feet, one hundred ninety-eight and 71/100 (198.71) feet, one hundred three and 6/10 (103.06) feet, sixty-nine (69) feet, eighty-three and 31/100 (83.31) feet, and three hundred twenty-five and (83.31) feet, and three hundred twenty-five and 25/100 (325.25) feet to the point of beginning. (Parcel 2.) Beginning at a point on the northerly side of the Town of Marblehead water easement, thence running WESTERLY on two courses, one hundred eighty-three (183) feet more or less, and one hundred thirty-eight and 97/100 (138.97) feet; thence turning and running WESTERLY three hundred eighty-two and 45/100 (382.45) feet; thence turning and running NORTHWESTERLY one hundred ninety-one and 54/100 (191.54) feet; thence turning and running WESTERLY one hundred seventy-four and 43/100 (174.43) feet; thence turning and running SOUTHWESTERLY three hundred fifteen and 62/100 (315.62) feet; thence turning and running NORTHERLY one hundred seventy-five (175) feet more or less to the center line of the Forest River, thence turning and running in an east- erly direction along the center line of th Forest River one thousand seven hundred seventy (1770) feet more or less to the point of beginning. Said parcel one containing forty-one and 26/100 (41.26) acres more or less, and parcel two containing two and 455/10,000 (2.0455) acres more or less. Parcel five, comprising parcels one and two, being a part of the land conveyed to Herman Brettman and Charles F. Quigley, trustees, frau Samuel Shapiro and Herman Brettman, trustees, by deed dated April 25, 1973, and recorded in the Essex South Dis- trict Registry of Deeds, Book 5971, Page 414. 38f APRIL 13, 1978 Parcel 6. The land in Salm, being numbered as lot 192 as shown on plan of land entit- led "Cedarcrest" owned by Frederick H. Griswold, dated Novenber 1921, Thomas A. Apple- ton C.E. , recorded with Essex County South District Registry of Deeds, Book of Plans #36, Plan 17 (hereinafter "Cedarcrest") . Said parcel of land being bounded as follows: SOUTHERLY by Riverview Street as shown on said plan, five hundred fifty- 1 (553) feet; SOUTHWESTERLY by lot numbered 193 as shown on said plan, twenty four (24) feet; NORTHWESTERLY by land now or formerly of Loring Realty Co. as shown on said plan, six hundred fifty-four and and 73/100 (654.73) feet; N0RTHEASTERLY by lot numbered 191 as shown on said plan, four hundred forty- two and 63/100 (442.63) feet Said parcel of land containing three (3.0) acres according to said plan. Being the same premises conveyed to Eugene E. Levesque and Anne M. Levesque by deed of Roger J. Begin and Marion Begin, dated January 30, 1959 and recorded with said Registry of Deeds, Book 4534, Page 493. Parcel 7. The land in Salem, being numbered as lot 191 as shown on the plan of land entitled "Cedarcrest"; said parcel of land being bounded and described as follows: SOUTHERLY by Riverview Street as shown on said plan, one hundred fifty (150) feet; SOUTHWESTERLY by lot numbered 192 as shown on said plan, four hundred forty- two and 63/100 (442.63) feet; NORTHWESTERLY by land now or formerly of Loring Realty Co. two hundred sixty- two (262) feet, more or less; NORTHEASTERLY by land now or formerly of the Loring Realty Company, two hundred sixty-two and 17/100 (262.17) feet; and EASTERLY by lot numbered 190 as shown on said plan, five hundred eighty (580) feet more or less. Said parcel of land containing 3.84 acres according to said plan. Being the same premises conveyed to Ewa M. Labrecque and Lucille E. Labrecque by deed of Claire M. Wilson et. al. dated March 16, 1973 and recorded with said registry of Deeds, Book f 5958, Page 377. Parcel 8. The land in Salem, being numbered as lot 190 as shown on the plan of land entitled "Cedarcrest"; said parcel of land being bound and described as foll- ows: SOUTHERLY by Riverview Street, ninety (90) feet; MSTERLY by lot numbered 191 as shown on said plan, five hundred eighty (580) feet more or less; NORTHWESTERLY by land now or formerly of the boring Realty Company, fifty (50) feet more or less to the center line of the Forest River; NORTHEASTERLY by the centerline of the Forest River as shown on said plan; 332 APRIL 13, 1978 EASTERLY by lot numbered 189 as shown on said plan, five hundred ten (510) feet. Said parcel of land containing 1.15 acres according to said plan. Being the same premises conveyed to Armand L. Soucy by deed of Roger A. Soucy, Dated May 4, 1962 and recorded with said Registry of Deeds, Book 5266, Page 516. PARCEL 9. The land in Salem, being numbered as lots 187, 188, 189 as shown on the pl ar of land entitled "Cedarcrest"; said parcels of land being bounded as described as follows: SOUTHERLY by Riverview Street, three hundred thirty-five (335) feet; �WESTERLY by lot numbered 190 on said plan, five hundred ten (510) feet more or less; NORTHERLY by the centerline of the Forest River as shown on said plan; EASTERLY by lot numbered 186 on said plan three hundred sixty (515) feet more or less. Said parcel of land containing 3.05 acres according to said plan. Being the same premises conveyed to Philip J. Sacramone by deed of Richard J. Picone and Joan H. Picone, dated September 6, 1958 and recorded with said Registry of Deeds, Book 4492 Page 116. Parcel 10. The land in the City of Salem, being numbered as lot 186 shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as follows: SOUTHERLY by Riverview Street as shown on said plan, one hundred forty- seven (147) feet; WESTERLY by lot numbered 187 as shown on said plan, five hundred fifteen (515) feet; NORVHERLY by the centerline of the Forest River; EASTERLY by lot numbered 185 as shown on said plan, three hundred sixty I i (360) feet more or less. Said parcel of land containing one and 1/10 (1.1) acres. See probate of Pauline Cologey #290559. Parcel 11. The land in Salem being numbered as lot 185 as shown on the plan of land 1 entitled "Cedarcrest"; said parcel of land being bounded and described as follows: SOUTHEASTERLY by Riverview Street as shown on said plan, one hundred forty- seven (147.00) feet; NORTHEASTERLY by lot numbered 319 as shown on said plan, two hundred twenty- three (223.00) feet; NOWHEAST RLY by other land now or formerly of Frederick H. Griswold as shown on said plan, forty-four and thirty-six one hundredths (44.36) feet. EASTERLY by inlet of water to River bank NOmmmASTERLY, WESTERLY, AND NOYMmESTERLY by Forest River as shown on said plan; I 3,�3 ' VJ y APRIL 13, 1978 SOUTHWESTERLY by lot numbered 186 as shown on said plan three hundred sixty (360) feet. 1 Said parcel of land containing ninety-five one hundredths (0.95) acres according to said plan. Being the same premises conveyed to Rosa Lamarr by deed of Rose H. Brock and Anna Brochu dated February 11, 1958 and recorded with said Registry of Deeds Book 4444, Page 35. Parcel 12. The land in Salem, being numbered as lot 181 as shown on plan of land entitled "Cedarcrest"; said parcel of land being bounded and described as follows: NORTHEASTERLY by Oakview Avenue as shown on said plan, one hundred (100) feet; NORTHWESTERLY by Riverview Street as shown on said plan, fifty-nine (59) feet; SOUTHWESTERLY by lot numbered 180 as shown on said plan, one hundred one and fifty-three hundredths (101.53) feet; SOUTHEASTERLY by lot numbered 182 as shown on said plan, fifty-nine (59) feet. Said parcel of land containing five thousand nine hundred forty-five (5,945) square feet according to said plan. Being the same premises conveyed to Philippe F. Hebert and Laurelle A. Hebert from Nicholas P. Dragonas and Diana E. Dragonas, by deed dated August 13, 1956 and recorded with said Registry of Deeds Book 4297, Page 81. Parcel 13. The land in Salem, being numbered as lot 320 as shown on plan of land entitled "Cedarcrest"; said parcel of land being bounded and described as follows: SOUTHWESTERLY by Oakview Avenue as shown on said plan, seventy-nine and thirty-seven hundredths (79.37)feet; NORTHWESTERLY by Riverview Street as shown on said plan, one hundred four and fourteen hundredths (104.14) feet; NORTHEASTERLY by lot 332 as shown on said plan, one hundred eight and fifty- one hundredths (108.50) feet; SOUTHEASTERLY by lot #321, as shown on said plan, one hundred one and eight hundredths (101.08) feet. Said parcel of land containing 9,516 square feet according to said plan. Being the same premises conveyed to Samuel E. Zoll as trustee of the Margaret Zarella Family Trust from Margaret Zarella, dated December 2, 1972, and recorded in said Registry of Deeds, Book 5930, Page 353. Parcel 14. The land in Salem, being numbered as lots 330, 331, and 332 as shown on Plan of land entitled "Cedarcrest"; said parcel of land being bounded and described as follows: NOrdy ERLY by Riverview Street on a curve one hundred forty-five and forty- five and eighty-four hundredths (145.84) feet; EASTERLY by Riverview Avenue one hundred three and twenty two hundredths (103.22) feet; S= by lot numbered 329 as shown on said plan one hundred twenty- two and six tenths (122.6) feet; 384 APRIL 13, 1978 i WESTERLY J by lot numbered ew0 as shown on said plan, one hundred eight and five tenths (108.5) feet Said parcel of land containing 15,641 square feet according to said plan. Being part of a parcel conveyed to Eva M. LeBrecque from Authur E. LaBrecque by deed dated February 5, 1966 and recorded in said Registry of Deeds, Book 5360, Page 569. Parcel 15. The land in Salem, being numbered as lots 317, 318, and 319 as shown on plan of land entitled "Cedarcrest"; said parcel of land being bounded and described as follows: SOUTUERLY by Riverview Street on a curve one hundred and eighty-two (182) feet, more or less; WESTERLY by lot numbered 185 as shown on said plan two hundredd twenty- three (223) feet more or less; NORTHFRL.y by land of owners unknown, two hundred thirteen and five tenths (213.5) feet; EASTERLY by lot numbered 316 as shown on said plan, one hundred sixteen (116) feet. Said parcel of land containing 30,740 square feet according to said plan. Being the same parcel conveyed to Eva Lahrecque from the City of Salem by deed dated August 30, 1957 and recorded in said Registry of Deeds, Book 4399, Page 369. Parcel 16. The land in Salem, Being numbered as lots 311-316 inclusive as shown on plan of land entitled "Cedarcrest"; said parcels being bounded and described as follows: (Lots 311-312) Bounded: SOUTHERLY by Riverview Street as shown on said plan, one hundred feet (100.0 ) WESTERLY by lot #313 as shown on said plan, ninety-two and 80/100 (92.80) feet; 0WHWESTEMY by other land of owners unknown, through the middle of stone wall, fifty-one and 76/100 (51.76) feet; ORPHERLY by other land of owners unknown, through the middle of stone wall, fifty and 70/100 (50.70) feet; MSTERLY by lot #310, as shown on said plan, one hundred two and 50/100 (102.50) feet. Said parcel of land containing ten thousand three hundred and forty-seven (10,347) square feet according to said plan. (Lots 313-314) bounded: APRIL 13, 1978 --- . SOUnERLY by Riverview Street as shown on said plan, one hundred (100.00) feet; WESTERLY by lot #315 as shown on said plan, one hundred twenty-one (121.00) feet; NORTHERLY and NORTHEASTERLYby land of owners unknown, one hundred nine and 81/100 (109.81) feet; EASTERLY by lot #312 as shown on said plan, ninety-two and 80/100 (92.80) feet. Said parcel of land containing ten thousand fifteen (10,015) square feet according to said plan. (Lots 315-316) SOUTHEASTERLY by Riverview Street as shown on said plan, one hundred (100) feet; SOUTHWESTERLY by lot #317 as shown on said plan, one hundred sixteen (116) feet; NORTHWESTERLY by other land or owners unknown as shown on said plan, one hundred forty-four and 78/100 (144.78) feet; NORTHEASTERLY by lot #314 as shown on said plan, one hundred twenty-one (121) feet. Said parcel of land containing thirteen thousand nine hundred and eighty square feet (13,980) according to said plan. Lots 311-316 inclusive comprising the same parcel conveyed to Eva M. Iabrecque from Lillian M. Caron by deed dated May 31, 1960 and recorded in said Registry of Deeds Book 4672, Page 11. Parcel 17. The land in the City of Salem ,being numbered as lots 309 and 310 as shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as follows: SOUTHERLY by Riverview Street as shown on said plan, one hundred (100) feet; WESTERLY by lot numbered 311 as shown on said plan, one hundred two and 50/100 (102.50) feet; NORTHERLY by land of owners unknown, one hundred and 83/100 (100.83) feet; EASTERLY by lot numbered 308 as shown on said plan; ninety-six (96) feet. Said parcel of land containing 9,638 square feet, more or less, according to said plan. Being the same premises conveyed to Eva M. Labrecque from Luvina Larocque and David Larocque by deed dated August 23, 1955 and recorded in said Registry of Deeds, Book 4197, Page 275. APRIL 13, 1978 Parcel 18. The land in the City of Salem, being numbered as lot 308 as shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as follows: SOUPHERLY by Riverview Street as shown on said plan, fifty (50) feet; WESTERLY by lot numbered 309 as shown on said plan ninety-six (96) feet; NORTHERLY by land of owners unknown, fifty-five and 67/100 (55.67) feet; EASTERLY by lot numbered 307 as shown on said plan, one hundred three and 8/10 (103.8) feet. Said parcel of land containing five thousand three hundred (5,300) square feet according to said plan. Being a part of a parcel conveyed to Eva M. LaBrecque from Arthur E. LaBrecque and George E. LaBrecque by deed dated February 5, 1966 and recorded in said Registry of Deeds, Book 5360, Page 569. Parcel 19. The land in the City of Salem, being numbered as lot 307 as shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as follows: SOUTHERLY by Riverview Street fifty (50) feet; WESTERLY by lot numbered 308 as shown on said plan one hundred three and 8/10 (103.8) feet; NORTHERLY by land of owners unknown, fifty and 1/10 (50.1) feet; EASTERLY by lot numbered. 306 as shown on said plan, one hundred seven and 25/100 (107.25) feet. Said parcel containing five thousand two hundred twenty-five (5,225) square feet according to said plan. Being a part of a parcel conveyed to Leopold J. Labrecque from the City of Salem by deed dated August 1, 1960 recorded in said Registry of Deeds, Bood 4691, Page 497. Parcel 21. The land in the City of Salem, being numbered as lot 232, and lots 249- 253 inclusive as shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as follows: Lots 232, 252, and 253) SOUTHWESTERLY by Riverview Avenue two hundred twenty (220) feet; NORTHEASTERLY by lots numbered 249, 250, and 251 as shown on said plan one hundred twenty-four and 88/100 (124.80) feet; ` EASTERLY AND NORTHEASTERLY by lots numbered 233 and 248 as shown on said plan one Hundred ninety-seven and 18/100 (197.18) feet; SOUTHEASTERLY by Cedarview Street seventy-six and 7/100 (76.07) feet. Said parcel containing eighteen thousand four hundred eighty five (18,485) Square feet according to said plan. Being a part of a parcel conveyed to Leopold J. Labrecque from the City of Salem by deed dated August 1, 1960 and recorded in said Registry of Deeds, Book 4691, Page 497. (Lots 249, 250 and 251) APRIL 13, 1978 SOUTHWESTERLY by Riverview Avenue one hundred thirty two (132.00) feet; NORTHERLY by Riverview Street one hundred eighty six and 93/100 (186.93) feet; EASTERLY by lot numbered 248 as shown on said plan one hundred (100) feet; SOUTHERLY by lot numbered 252 as shown on said plan one hundred twenty four and 88/100 (124.88) feet. Said parcel containing sixteen thousand nine hundred forty nine (16,949) square feet according to said plan. Being a part of a parcel conveyed to Eva M. LaBrecque from Arthur E. LaBrecque and George E. LaBrecque by deed dated February 5, 1966 and recorded in said Registry of Deeds, Book 5360, Page 569. Parcel 22. The land in the City of Salem, being numbered as lots 245-248 inclusive as shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as follows: (Lots 245 and 246) NORTHERLY by Riverview Street, one hundred ten (110) feet; EASTERLY by lot 244, as shown on said plan, one hundred seven- teen and 8/10 (117.8) feet; SOUTHERLY by lots 235 and 236 as shown on said plan one hundred one and 38/100 (101.38) feet; WESTERLY by lot 247, as shown on said plan, one hundred thirty four and 7/10 (134.7) feet; or however otherwise the same may be bounded or described. Said parcel containing thirteen thousand four hundred (13,400) feet. Being the land conveyed to Eva M. Labrecque from Luvina Larocque and Arthur St. Onge by deed dated August 23, 1955 and recorded with said Registry of Deeds at Book 4197, Page 274. (Lots 247 and 248) SOUTHEASTERLY by lots numbered 233 and 234 as shown on said plan, one hundred one and 38/100 (101.38) feet; WESTERLY by lots numbered 252 and 249 as shown on said plan, one hundred forty seven and 18/100 (147.18) feet; NORTHERLY by Riverview Street one hundred (100) feet; EASTERLY by lot numbered 246 as shown on said plan one hundred thirty four and 7/10 (134.7) feet. Said parcel containing fourteen thousand and 25/100 feet, more or less, according to said plan. i Being the land conveyed to Eva M. Labrecque from Luvina Larocque and David APRIL 13, 1978 Larocque be deed dated August 23, 1955 and recorded with said Registry of Deeds at Book 4197, Page 275. Parcel 23. The land in the City of Salem, being numbered as lots 242-244 inclusive as shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as follows: NORTHERLYby Riverview Street as shown on said plan, one hundred seventy five and 91/100 (175.91) feet; NORTHEASTERLY by lot numbered 241 as shown on said plan, fifty eight and 55/100 (58.55) feet; SOUTHEASTERLY by lots numbered 240 and 239 as shown on said plan, one hundred (100.00) feet; SOUTHERLY by lots numbered 238-237 as shown on said plan, one hundrec one and 38/100 (101.38) feet; WESTERLY by lot numbered 245 as shown on said plan, one hundred seventeen and 80/100 (117.80) feet. Said parcel of land containing seventeen thousand two hundred and twenty-five (17,225) square feet, according to said plan. Being the same parcel conveyed to Marie A. Richardson and Mahlon Richardson from Marie A. Richardson by deed dated January 23, 1967, and recorded in said Registry of Deeds at Book 5420, Page 492. Parcel 24 and 25. The land in the City of Salem being numbered as lots 304-306 inclu- sive as shown on plan of land entitled, "Cedarcrest"; said parcel being bounded and described as follows: SOUTHERLY by Riverview Street as shown on said plan, one hundred fifty (150) feet; EASTERLY by lot numbered 303 as shown on said plan, one hundred thirty (130) feet; EASTERLY AND NORTHERLY on various courses by Forest River as shown on said plan, about two hundred ten (210) feet; NORTHERLY on various courses by said Forest River as shown on said plan, about one hundred forty (140) feet; PIESTERLY by the Forest River and land of owners unknown, one hundrec i1 twenty six and 70/100 (126.70) feet; NOEMEMY by land of owners unknown, seventy two and 50/100 (72.50) feet; again WESTERLY by lot numbered 307 as shown on said plan, one hundred seven and 25/100 (107.25) feet. Said parcel of land containing forty-six thousand one hundred fifty (46,150) square feet according to said plan. EXCLUDED FROM this taking are the land and easements taken by the Town of Marble .1 APRIL 13, 1978 head for the maintenance of a pipe line as shown on said plan. Being the same parcel conveyed to Kathleen Nestor from Francis E. Nestor by deed dated July 28, 1975 and recorded in said Registry of Deeds at Book 6169, Page 340. Parcels 26 and 27. The land in the City of Salem, being numbered as lots 301-303 I inclusive as shown on plan of land entitled "Cedarcrest"' said parcel being bounded and described as follows: SOUTHWESTERLY on a curved line by Riverview Street as shown on said plan, one hundred ninety six and twenty hundredths (196.20) feet; SOUTHEASTERLY by lot numbered 300 as shown on said plan, one hundred thirty five (135) feet; SOUTHEASTERLY, NOFdIMASTERLY, AND NORTHERLY on irregular course by Forest River as sham on said plan, about three hundred sixty Six (366) feet; WESTERLY by lot numbered 304 as shown on said plan, one hundred thirty (130) feet. EXCLUDED FROM this taking are the land and easements taken by the Town of Marble- head for the maintenance of a pipe line as shown on said plan. Said parcel of land containing thirty two thousand six hundred fifty (32,650) square feet according to said plan. Being the same parcel conveyed to Eva M. LaBrecque from J. Andrew Foisy and Albertine Vanasse by deed dated Decenber 24, 1955 and recorded in said registry of i Deeds at Book 4236, Page 252. IParcels 28 and 29. The land in the City of Salem, being numbered as lot 300 as shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as follows: SOUTHWESTERLY by Riverview Street as shown on said plan fifty (50) feet; NORTHWESTERLY by lot 301, as shown on said plan, one hundred thirty five (135) feet; NORTHEASTERLY on a line running through the center of Forest River; and SOUTHEASTERLY by lot #217, as shown on said plan, one hundred twenty eight (128) feet to the point of beginning. EXCLUDED FROM this taking are the land and easements taken by the Town of Marble- head for the maintenance of a pipeline as shown on said plan. Said parcel of land containing six thousand five hundred twenty five square feet according to said plan. APRIL 13, 1978 Being the same parcel conveyed to Raymond W. St. Pierre and M. Lorraine St. Pierr, from Adelbert 0. St. Pierre and Adelbert J. St. Pierre by deed dated January 7, 1974, and recorded in said Registry of Deeds at Book 6040, Page 083. Parcels 30 and 31. The land in the City of Salem, being numberd as lot 217 as shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as t follows: SOUTHWESTERLY by Riverview Street as shown on said plan, fifty (50) feet; NORTHWESTERLY by lot numbered 300 as shown on said plan, one hundred twenty-eight (128) feet; NORITIERLY by middle of Forest River as shown on said plan; and SOUTHEASTERLY by lot numbered 216 as shown on said plan, one hundred and fifty (150) feet. EXCLUDED FROM this taking are the land and easements taken by the Town of Marble- head for the maintenance of a pipeline as shown on said plan. Said parcel of land containing six thousand nine hundred fifty (6,950) square feet, according to said plan. Being the same parcel conveyed to Jean Paul Roy and Yvette L. Roy from Elizabeth L. Murphy, be deed dated December 15, 1961 and recorded at said Registry of Deeds, Book 4859, Page 128. Parcels 32 and 33. The land of the City of Salem, being numbered as lots 214-216 inclusive as shown on plan of land entitled "Cedarcrest"; said parcel being bounded and described as follows: (Lots 214 and 215) SOUTHERLY by Loring Avenue two hundred seventy four and 69/100 (274.69) feet; SOUTHWESTERLY by Riverview Street one hundred fifty (150) feet; NORTHWESTERLY by lot 216 as shown on said plan one hundred seventy three (173) feet; NORTHEASTERLY, EASTERLY, NORTHEASTERLY, AND WESTERLY on various courses by the middle of Forest River as shown on said plan about four hundred twenty-five (425) feet. (Lot 216) � 1 NORTHWESTERLY by lot 217 on said plan one hundred fifty (150) feet; NORTBERLY by the middle of the Forest River as shown on said plan; SOUTHEASTERLY by lot 215 on said plan one hundred seventy three (173) feet; SOUTHWESTERLY by Riverview Street fifty (50) feet. EXCLUDED FROM this taking are the land and easements taken by the Town of Marble- head for the maintenance of a pipeline as shown on said plan. . 1 APRIL 13, 1978 Said parcel of land containing thirty two thousand eight hundred fifty five (32,855) feet. Being the same parcel conveyed to Ruth Petit from Luvina Laroque by deed dated April 9, 1955 and recorded at said Registry of Deeds, Bood 4154, Page 274. Parcel 38. Land of Thomas Mackey & Sons, Inc. - Parcel A - Rear of Lafayette Street Beginning at a point on the Westerly sideline of Lafayette Street common to th7 lands of Mackey and Doucette, 249.92 feet from the intersection of said sideline and th Southerly sideline of Rosedale Avenue, thence running: SOUTHERLY along said sideline of Lafayette Street to the mean low water line of the Forest River, about 40 feet; thence running SOUTHWESTERLY along said mean loo waterline to the projection of the Easterly sideline of Riverway Road, about 190 feet; thence running NORTHWESTERLY along said projection to a point on the Easterly sideline of Riverway Road coanon to the lands of Mackey and O'Connor, about 100 feet; thence running EASTERLY by land of O'Connor, 85 feet; thence running NORTHERLY by land of O'Connor acout 9 feet; thence running EASTERLY by land of Connolly, about 65 feet; thence running SOUTHEASTERLY by land of Doucette, 27.34 feet; thence running EASTERLY by land of Doucette, 20.42 feet to the point of beginning. The above being intended to describe that land owned by Thomas Mackey and Sons Inc. , along the Forest River between Lafayette Street and that land commonly known as "Mackey Beach" being owned by Mackey. Land of Thomas Mackey& Sons, Inc. - Parcel B - Rear of Sunset Road II ginning at the intersection of the Northerly and Westerly sidelines of Sunset Road; thence running SOUTHERLY by land of Sullivan, 95.42 feet; thence running SOUTHEASTERLY by land of Sullivan, 63.00 feet; thence running SOUTHWESTERLY by land of Simard, 25 feet; thence running SOUTHEASTERLY by lands of Simard and Lettich, 130 feet; thence running EASTERLY by land of Lettich, 75.00 feet; thence running NORTHERLY by land of Lettich, about 30 feet to the mean high water line of the Forest River; thence running NORTHEASTERLY by land of Michaud along said mean high water line, about 370 feet; thence running !. SOUTHEASTERLY by land of Swiniarski, about 30 feet; thence running NORTHEASTERLY by land of Swiniarski, 69.52 feet; thence running NORTHEASTERLY by lands of Caron and Sullivan, 140 feet to land of Boulay, thence running SOUTHEASTERLY along the projection of the property line between the lands of - z APRIL 13, 1978 Sullivan and Boulay, about 175 feet to the mean low water line of the Forest River, said property line being perpen- dicular to the Southerly sideline of Riverbank Road; then running first SOUTHWESTERLY, THEN NOEM ERLY along said mean low waterline to land of the City of r Salem known as Pickman Park; thence running NORTHEASTERLY by land of City of Salm, about 70 feet; thence running SOUTHERLY by land of Stewart, about 102 feet to the point of beginn- ing. The above being intended to describe that land owned by Thomas Mackey and Sons, Inc. , along the Forest River to the rear of Sunset Road and Riverbank Road between that land of the City of Salem known as Pickman Park and that land ccnmonly known as "Mackey Board", being owned by Mackey. For deed reference see deed recorded in said Registry of Deeds Book 2601, Page 377. Parcel 39. The land in the City of Salem, being shown on plan of "Land in Salem, Mass. Scale 1 in. = 20 ft. March 1948, Neal B. Mitchell, Registered Land Surveyor," said parcel being described as follows: j i A small triangular tract of land on the easterly side of Lafayette Street, bounded; NORTH by the Boston and Maine Railroad; EAST by land now or formerly of National LeadConPanand j fu SOUTHWEST by Lafayette Street. Being the same parcel conveyed to Thomas Mackey and Sons, Inc. , from Joseph T. Mackey, Herbery L. Mackey, and Mary R. Mackey by deed dated November 18, 1964 recorded in said Registry of Deeds at Book 5225, Page 328. I Parcel 40. The land in the City of Salem, being shown as a portion of plan numbered 19150-A, filed with original Certificate of Title #15582 in the Southern Registry District of Essex County, said portion of land to be taken bounded and described as follows: NORTHWESTERLY by a small triangular tract of land now or formerly of Thomas Mackey and Sons, Inc. ; NORTHERLY by land of the Boston and Maine Railroad; EASTERLY by the Forest River; and SOUTHWESTERLY by Lafayette Street. Said parcel of land containing four thousand nine hundred (4,900) square feet. Parcel 45. The land in the City of Salem, being numbered as parcel 3 on "Plan of Land in Salam" prepared for the City of Salem Conservation Commission, dated February 2, 1978, Robert B. Bowman, Registreed Land Surveyor, to be filed herewith. Said parcel of land being described as follows: k' 393 APRIL 13, 1978 Beginning at a point on the centerline of the Forest River and running EASTERLY along said centerline, nine hundred eighty (980) feet more or less; thence running SOUTHERLY fifty (50) feet more or less; thence running WESTERLY along the northern boundaries of lots 311 through 319 as shown on said plan, five hundred fifty eight and 3/10 (558.3) feet; thence running NORTHERLY by land now or formerly of Rosa Lamarr on two courses, forty four and 36/100 (44.36) feet and ninety five and 9/10 (95.9) feet more or less to the point of beginning. Said parcel 3 containing 56,000 square feet more or less. ORDERED: That the City Council of the City of Salem, with the approval of its Mayor, by and under the provisions of Chapter 79 of the General Laws as amended, does hereby take by right of eminent domain, in accordance with Chapter 43, Section 30, and by every other power and authority enabling, hereinbefore identified parcels for the afore- said public conservation purpose. The supposed owners of the parcels which are the subject of this taking and the amount of the award to each are as follows: OWNER AWARD I JParcel 5 f Loring Hills Developers Trust $36,000.00 35 Saratoga Street East Boston, MA 02128 'y Parcel 6 Anne M. Levesque 16,800.00 53 Riverview Street Salem, MA 01970 Parcel 7 Lucille E. Labrecque 8,400.00 27 Circle Hill Road Salem, MA 01970 Parcel 8 Armand L. Soucy 3,500.00 337 Maple Street t Lynn, MA Parcel 9 Philip J. Sacramore 14,000.00 18 Pearl Street Marblehead, MA 01945 Parcel Mary Devitt 17 Linden Street Salem, MA 01970 394 APRIL 13, 1978 Helen M. Cologey 11 Intervale Road Salem, MA 01970 Sally K. Davis 68 Walnut Road Hamilton, MA Josephine F. Donovan 3 Belleaire Avenue Lynn, MA Joseph Lake c/o John R. Serafini, Esq. Federal Street, Salem, MA 4,800.00 I Parcel 11 Rosa Lamarre Rose Marie Lamarre 17 Oakview Avenue Salem, MA 01970 4,400.00 arcel 12 Phillippe F. and 1,200.00 Laurelle A. Hebert 3 Appletree Road Danvers, MA F et Zarella Family Trust 1,500.00 dler Road MA 01970 4-22 Estate of Eva M. Labrecque 20,300.00 c/o Lucille E. Labrecque Executrix 27 Circle Hill Road Salem, MA 01970 Parcel 23 Mahlon and Marie A. Richardson 2,900.00 320 Eastern Avenue Lynn, MA Parcel 24 Kathleen M. Nestor 17 Charles Street Danvers, MA Laura Cole 138 Lothrop Street Beverly, MA 01915 3,300.00 Parcels 26 and 27 Estate of Eva M. Labrecque 3,300.00 c/o Lucille E. Labrecque Executrix 27 Circle Hill Road Salem, MA 01970 Parcels 28 and 29 Raymond W. and M. Lorraine St. Pierre 1,100.00 25 Shore Avenue Salem, MA 01970 395 ` APRIL 13, 1978 Parcels 30 and 31 Jean Paul Roy and 1,000.00 Yvette L. Roy 6 Cypress Street Salem, MA 01970 Parcels. 32 and 33 n Estate of Ruth M. Petit c/o Jane Barrett 1,700.00 3 English. Street Salm, MA 01970 Parcel 38 Thomas Mackey & Sons, Inc. 5,000.00 58 Broadway Salem, MA 01970 Parcel 39 Thomas Mackey & Sons, Inc. 1,500.00 58 Broadway Salem, MA 01970 Parcel 40 David Todreas 91 Lovett Street Beverly, MA Harry Freedman 1481 Commonwealth Avenue Newton, MA David J. Gordon, Trustee 37 Ober Street Beverly, MA 2,000.00 Parcel 45 Owners unknown. 1.00 All compensation is in full for any and all damage sustained by the aforementioned owners and all parties in interest, said amounts are to be charged to the City of Salem Planning Departrnent, One Salem Green, Salem, Massachusetts. The names of owners herein given, although supposed to be correct, are such only as to matters of opinion and belief. ORDERED: That the City Clerk cause an attested copy of this ORDER to be recorded in the Essex South District Registry of Deeds at Salem within thirty days from date of adoption and approval thereof; and that upon recording, notice of the taking pursuant to and in compliance with Massachusetts General Laws C. 79 Section 7c, be sent by registered mail to every person, including every mortagee of record, whose property has been taken or who is otherwise entitled to damages. Given under our hands this day of 1978. CITY COUNCIL MEMBERS f- G 3�34� APRIL 13, 1978 APPROVED: MAYOR 218 Transfer of Control The following Transfer of Control of approximately 100 acres to the Conservation Forest River Conservation Area Commission establishing the Forest River Conservation Area, was received from the Mayor. Councillor O'Keefe's motion to waive the reading and refer the matter to the CcMittee on Community Development was so voted. In City Council Date: April 13, 1978 ORDERED: That the following described parcels of land, a) all land taken by the City of Salem under Order of Taking dated , comprising approximately sixty (60) acres within the Forest River watershed b) the land owned by the City of Salem pursuant to foreclosure of a tax lien recorded at the Essex South Registry of Deeds, Book 4147, Page 46, said land comprising thirty-eight (38) acres, more or less, near the Swampscott line, bounded and described s follows: ORPHWESTERLY by land now or formerly of the Eastern Railroad two thousand three hundred fifty-nine and one-half (2,359 ) feet; NORTHWESTERLY by land now or formerly of Parsons seven hundred ninety- two (792) feet; SOUTHWESTERLY by the Swampscott town line five hundred eleven and one- half (511h) feet; ODTHEASTERLY by land now or formerly of Pickman one thousand seven hundred forty-nine (1,749) feet; Fd7BEA.STERLY by land now or formerly of Pickman five hundred (500) feet; UiHEASTERLY by land now or formerly of Pickman one thousand sixty- eight (1,068) feet; ORPHEASTERLY by land now or formerly of Pickman three hundred nine (309) feet. c) the land comprising the following two parcels owned by the City of Salem along �& e Forest River comprising five nad 5/10 (5.5) acres, and bounded and described as ollows: arcel A. Beginning at a point comun to the mean low water line of the Forest River the Westerly sideline of Lafayette Street; ence running Southerly by Lafayette Street to the Marblehead-Salem town line; thence running Southeasterly by said town line to the Northerly sideline of Legg's Hill Road; _�rsa—r APRIL 13, 1978 thence running Westerly by Legg's Hill Road to the mean low water line of the Forest River; thence running Northeasterly by said mean low water line to the point of beginning. The above being intended to describe those lands owned by the City of Salem along the Southerly bank of the Forest River between Lafayette Street and Legg's Hill Road. Parcel B. Beginning at a point camion to the mean low water line of the Forest River J and the northerly sideline of Legg's Hill Road; thence running Northerly by Legg's Hill Road to the Easterly sideline of Loring Avenue; thence running Northerly by Loring Avenue to the Southerly sideline of Pierce Road; thence running in general Northeasterly by Pierce Road to land of the City of Salem known as Pickman Park; thence running Easterly, then Northerly, then Easterly by Pickman Park, to the mean low water line of the Forest River; thence running Southerly, then Southwesterly by said mean low water line to the point of beginning. The above being intended to describe those lands owned by the City of Salem along the Northerly bank of the Forest River between Legg's Hill Road and Pickman Park. are hereby transferred to the custody and control of the conservation commission for all purposes included in Chapter 40, Section 8C of the Massahcusetts General Laws, as i now reads or may hereafter be amended. Given under our hands this day of , 1978 CITY COUNCIL MEMBERS APPROVED: MAYOR ® 219 The Mayor's appointment of the following persons as Constables in the City of Salem Constables for a term Effective May 1, 1978, was received and filed. Raymond A. Harvey, 84 Flint Street, Salem Roger R. Lefrancois, 395 Jefferson Avenue, Salem APRIL 13, 1978 220 Constables The Mayor's reappointment of the following persons as Constables in the City of Salem for a term of one year effective April 15, 1978, was received and filed. Paul D. Godjikian, 117 Webb Street, Salem Robert J. Godjikian, 117 Webb Street, Salem F Ralph F. Salvo, 9' Intervale Road, Salem 221 ✓ Sale of Land of Front A communication was received from the Mayor after the deadline of Tuesday Noon. Street. 35 Sq. ft. Councillor Daly moved for suspension of the rules to take up the matter. Councillor Nowak objected. Councillor O'Keefe moved for a five minute recess at 8:30 P.M. The Council reconvened at 8:35 P.M. Councillor Nowak requested and received unanimous consent to withdraw his objection. The matter of the Mayor's request that the City Council authorize the Mayor to convey approximately 35 square feet of land on Front Street sidewalk to a developer was then taken up. On the motion of Councillor O'Keefe, it was referred to the Committee on Cacmunity Development. CITY OF SALEM, a municipal Corporation duly established in the County of Essex and Commonwealth of Massachusetts, in consideration of the sum of grants to PASQUANNA DEVELOPERS, INC. a corporation organized under the laws of the Commonwealth of Massachusetts and doing business at 58 Collins Street, Lynn, Massach- usetts, with QUITCLAIM COVENANTS, the following triangular piece of land consisting of 35 square feet on Front Street, Salem, Massachusetts, bounded and described as follows: Beginning at a point at the NORTHEASTERLY corner thereof at the intersection of Front Street and Lafayette Street, thence running, SOUTHEASTERLY One and 74/100 (1.74) feet to land conveyed by the Salem Redevelop- ment Authority to Pasquanna Developers, Inc. thence running, SOUTHWESTERLY Forty and 39/100 (40.39) feet to a point on Front Street, thence running. NORTHEASTERLY Forty and 43/100 (40.43) feet to the point of beginning. The above described parcel appears as Lot RC14C on a "Plan of Land in Salem, prepared for Frank Delulis by Essex Survey Service, Inc. , dated March 21, 1978" to V be recorded herewith, containing 35 square feet of land ± IN WITNESS WHEREOF, the said City of Salem has caused its corporate seal to be hereto affixed and these presents to be executed, acknowledged and delivered in the name and behalf by JEAN A. LEVESQUE, its Mayor, dated this day of April in the year One Thousand Nine Hundred Seventy-Eight. CITY OF SALEM BY: JEAN A. LEVESQUE, MAYOR APRIL 13, 1978 Commonwealth of Massachusetts Essex, ss. April 1978 Then personally appeared the above-named JEAN A. LEVESQUE, Mayor of the City of Salem and acknowledged the foregoing instrument to be his free act and deed in the name and behald of the said City of Salem, before me, Notary Public My commission expires: 222 Councillor Lovely requested and received unanimous consent to go to "Petitions" on Warner Cable Pole Loc. A]meda Street the Agenda to take up the matter of Warner Cable T.V. Pole Location and Attachments to existing Poles. A hearing was ordered for April 24, 1978 at 8:00 P.M. on the Petition of Warner Cable of Salem for a Pole Location on the northerly side of Almeda Street by the Salem Water Tank. 223 A hearing was ordered for April 24, 1978 at 8:00 P.M. on the petition of Warner Warner Cable Attachment Cable of Salem for attachments to existing poles in the City of Salem. Councillor Grace moved that the City Clerk notify abutters and advertise the hearing two times prior to the hearing. It was so voted. Councillor Cawley appointed Councillor Grace as a Committee of One to draw up the hearing notice. 224 Councillor Martineau introduced the following Ordinance which was adopted for first First Passage S. 51B S. 13 Canal St. and Mill Street. passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51-B (Parking Prohibited at Certain Times on Certain Streets) is hereby amended by adding the following street in alphabetical order. "Canal Street, westerly side, beginning at a point 214 feet south from the intersection of Canal Street and Mill Street and extending in a southerly direction for a distance of 372 feet. One hour parking 8:00 A.M. to 6:00 P.M. Monday through Friday. Section 2. Chapter 15, Section 13 (Service Zone) is hereby amended by adding the fol- lowing street in alphabetical order. "Canal Street, westerly side, starting at a point 124 feet south of the intersection of Canal Street and Mill Street and extending in a southerly direction for a distance of 50 feet. No parking Service Zone." Section 3. This Ordinance $hall take effect as provided by City Charter. �'a APRIL 13, 1978 225 licitor submit opinion Councillor Grace introduced the following Order which was adopted. Councillor e: Members Licensing d Martineau was recorded as opposed. ORDERED: That the City Solicitor is hereby requested to provide his opinion to the City Council as to whether the actions of the Licensing Board are legally valid since Chapter 138, Section 6 of the General Laws provides that there is a vacancy in the Board if a member ceases to be a resident of the City, and it appears that John Nutting is no longer a resident of the City of Salem. This information is to be provided by the next regular Council Meeting of April 27, 1978. 226 yor respond BE: P.L. Councillor Rochna in conjunction with Councillor Nowak introduced the following 1-606 funds for Salem illows Pier Order which was adopted. REQUESTED: That the Mayor respond to the City Council by the next regular meeting 4 (April 27, 1978) as to the possibility of using P.L. 91-606 Storm Damage monies (totaling $42,799.52) under Liabilities and Reserves for commencing construction of the Salem Willows Pier until Federal Disaster Funds are received. 227 first Passage S. 51-B Councillor Nowak introduced the following Ordinance which was adopted for first by Street passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to traffic (Parking Prohibited at Certain Times on Certain Streets) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51-B is hereby amended by adding the following street in alphabetical order. Derby Street, northerly side, twenty (20) feet from the intersection of Union Street and Derby Street and extending in a westerly direction for a distance of fifty (50) feet, 30 Minute Parking. Section 2. This Ordinance shall take effect as provided by City Garter. 228 rdinance Obstructions Councillor Usovicz introduced the following Ordinance which was referred to the sidewalks by shrubbary Committee on Ordinances & Legal Affairs. Councillor Usovicz was recorded as opposed. In the year one thousand nine hundred and Seventy-eight An Ordinance to amend an Ordinance relative to obstructing sidewalks. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 26 of the Salem Code of Ordinances is hereby amended by adding the following section. Sec. 26-9A Obstructions by Shrubbery "No tenant, occupant, or owner having the care of any building or lot of land bordering on any street, lane, court, square, or public place within the city shall 401 APRIL 13, 1978 allow any bushes, shrubbery, or any other form of plant growth to obstruct the safe passage of any pedestrian." Section 2. This Ordinance whall take effect as provided by City Charter. 229 Councillor Grace introduced the following Ordinance which was adopted for first First passage S. 50 Traffic Clearance passage. in the year one thousand nine hundred and Seventy-eight An ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section I. Chapter 15, Section 50 (Parking prohibited in certain specified places) is hereby amended by deleting the following: (e) Upon any roadway where the parking of a vee will not leave a clear and un- obstructed lane at least ten (10) feet wide for passing traffic. (f) Upon any street or highway within eight (8) feet of a fire hydrant. and inserting in place thereof the following: (e) Upon any roadway where the parking of a vehicle will not leave a clear and un- obstructed lane at least twelve (12) feet wide for passing traffic. (f) Upon any street or highway within ten (10) feet of a fire hydrant. Section 2. Chapter 15, Section 74 (Tow Zones) is hereby amended by deleting the follow- ing: (h) Upon any way where the parking of a vehicle will not leave a clear and unob- structed lane at least ten (10) feet wide for passing traffic. and inserting in place thereof the following: (h) Upon any way where the parking of a vehicle will not leave a clear and unob- structed lane at least twelve (12) feet wide for passing traffic. Section 3. This Ordinance shall take effect as provided by City Charter. 230 Councillor Usovicz introduced the following Order. Councillor Martineau moved that Monies for Asst. Harbor- master Frank Remon the matter be referred to the Committee on Personnel & Salaries. Councillor Martineau then requested and received unanimous consent to withdraw his motion. The Order was adopted as originally introduced. ORDERED: That the proper authorities forward the monies owed Francis Reran for services rendered to the City of Salem as Assistant Harbormaster. 231 Councillor Grace introduced the following Ordinance which was adopted for first First Passage S. 51 Putnam Street Passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51 (Parking Prohibited on certain Streets) is hereby APRIL 13, 1978 amended by deleting the following: "Putnam Street, from Proctor Street to Hanson Street, on the westerly side" and inserting in place thereof the following: "Putnam Street, from Varney Street to Hanson Street, on the westerly side." Section 2. Chapter 15, Section 51-B (Parking Prohibited at certain times on certain streets) is hereby amended by inserting in alphabetical order the following: "Putnam Street, easterly side, twenty (20) feet from the intersection of Putnam Street and Proctor Street and extending in a northwesterly direction for a distance of eighty-six (86) feet, 30 minute parking." Section 3. This Ordinance shall take effect as provided by City Charter. 232 Locks for Telephones at Councillor Grace introduced the following Order which was adopted. One Salem Green ORDERED: That locks be provided for all telephones in .the City Departments at One Salem Green - with keys to be held by the Department Heads or their designee. 233 Petition Court for Real- Councillor Usovicz introduced the following Order which was adopted by a roll ignment of Wards call vote of 10 yeas, 1 nay, 0 abs. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Nowak was recorded as opposed. ORDERED: That the City Council of the City of Salem hereby votes to petition e Great and General Court of the Connonwealth of Massachusetts to authorize the Salem City Council to redraw its ward lines for the next municipal Election in accordance with the act attached hereto. An Act authorizing the City of Salem to redraw its ward lines Sec. 1. Notwithstanding any provision of the law to the contrary, the city of Sal y by vote of its City Council redraw the lines of its wards so that the population wi - in said wards may be nearly as equal as possible; and provided, that, nothwithstanding the provisions of section one of chapter fifty-four of the General Laws, the local elec- 234 tion districts review cormission shall review the redrawn ward lines only. Declaring May 3, 1978 Councillor Centorino introduced the following Resolution. Councillor O'Keefe amend- Sun Day Resolution ed that a copy be forwarded also to Senator Kevin B. Harrington. It was so voted. 0 Councillor Martineau was recorded as opposed. The Resolution was adopted as amended. RESOLVED: WHEREAS: His Honor, the Mayor, and the City Council of the City of Salem recognize that May 3, 1978, has been declared by a broad coalition of Public Officials and private citizens to be "Sun Day": AND WHEREAS: The future of humankind will depend on its ability to explore and develop new energy sources; AND WHEREAS: Solar Energy is believed to represent a clean and inexpensive alternative to non-renewable energy sources; AND WHEREAS: One of the benefits of converting to a solar-based energy system 403 APRIL 13, 1978. would be the creation of millions of jobs; AND WHEREAS: Ninety-Five (95%) percent Of the Federal Energy Research Budget is now being spent upon non-renewable energy sources; AND WHEREAS: Increased Public awareness of the benefits of" solar energy will help liberate the technological genius of this country by guilding the public support needed to break down the barriers to the rapid development of this environmentally and econ- omically desirable form of energy; NOW, THEREFORE, BE IT FURTHER RESOLVED: That His Honor,Mayor Jean A. Levesque, and the City Council of the City of Salem do hereby proclaim May 3, 1978 to be "Sun Day" in the City of Salem and hereby express their intention to join in the international demonstration of humankind's passage frau the petroleum age to a new era of unlimited, decentralized, economical, and ecologically sound energy use on May 3, 1978--the Solar Age. And that the City Clerk be and is hereby instructed to forward a copy of this resolution to Jimmy Carter, President of the Unites States, James R. Schlesinger, Secretary of Energy, Senator Edward Brooke, Secator Edward Kennedy, Congressman Michael Harrington, Senate President Kevin B. Harrington, State Representative Bruce J. Mc- Laughlin, and State Representative J. Michael Ruane. 235 Councillor Grace introduced the following Order which was adopted. Licensing Bd. Issue no Entertainment Lic. with ORDERED: That the Licensing Board not issue an Entertainment License to any out notifying abutters establishment within 100 years of a residential dwelling, unless said residents have been duly notified by mail, of the action pending before said board. 236 Councillor McCabe introduced the following Order which was adopted. Police Traffic Opinion solid crosswalks ORDERED: That the Traffic Division of the Police Department give their opinion through Lt. George Jeffrey, concerning the proposal to paint solid crosswalks at selec- ted locations in the City in an effort to improve the safety of pedestrians crossing in any of the hazardous locations in the city. Councillor McCabe assumed the Chair for Councillor Cawley. 237 Councillor Cawley introduced the following Order which was adopted. Mayor meet with Council to answer questions re: ORDERED: That as provided for in Section 18 of the City Charter, that the Mayor One Salem Green answer the following questions at a Committee of the Whole meeting to be held at 7:00 P.M. in Council Chambers on Wednesday, April 26, 1978: 1. Mr. Mayor, do you feel that expenses such as, but not limited to, airplane trips from Boston toToronto, to Ottowa to Montreal, and back to Boston are usual and custom- arY expenses incidental to managing a four story building, such as One Salem Green in Salem: If so please explain why. 2• Mr. Mayor, do you believe that the taxpayers of the City of Salem should subsidiz any Portion of any bill for airfare, lunch, coffee, tea, etc. , or any other expense APRIL 13, 1978 pursuant to the lease of One Salm Green? If so please explain why. 3. Mr. Mayor, since the City Auditor has questioned many vouchers relative to expenses that are usual and custonarp as regards to the City of Salem's contractual responsibilities, have you invoked the arbitration clause as provided in the lease for One Salem Green? If so, what was the outcome or � the current status. At what date did you invoke said clause. If you haven't invoked the arbitration clause, why haven't you? 0 , 4. Mr. Mayor, have you designated Mr. Senko to be responsible for which departments shall have office space in One Salem Green, and the amount of space allocated to each department? If so shy? 5. Mr. Mayor, do you feel that you have adhered to the letter or the spirit of the attached, accepted recommendation as amended, signed by the Mayor? If not why not? Attachments: A. Council Committee of Whole report B. Amendments to said Comni.ttee Report C. Record of Roll call Vote on amendment offered by Councillor Hosman D. Record of Roll Call Vote on Adoption of Recommendation as amended. 238 •Municipal Services & Councillor Cawley introduced the following Order. Councillor Martineau amended to Public Health Meet RE: Health Dept. at One include the Committee on Public Health. The Order was adopted as amended. Salem Green ORDERED: That the Municipal Services Committee and the Committee on Public Health of the Salm City Council investigate and report back to the full Council on the desir- ability and advisability of locating the Salm Board of Health in space to be made available at One Salem Green. 239 Ordinance est. Counsel Councillor Cawley introduced the following Ordinance. Councillor O'Keefe moved to City Council that it be referred to the Committees on Personnel & Salaries and Ordinances & Legal Affairs. Councillor Cawldy amended to refer the matter to the Committee of the whole. Councillor O'Keefe requested unanimous consent to withdraw his motion. Councillor Centorino objected. Councillor Cawley's motion to refer to the Committee of the whole s defeated by a roll call vote of 5 yeas, 6 nays, 0 abs. Councillors Daly, Lovely, ineau, McCabe, and O'Keefe were recorded as voting in the affirmative. Councillors Centorino, Grace, Nowak, Rochna, Usovicz, and Cawley were recorded as voting in the negative. Councillor O'Keefe's motion to refer to Personnel & Salaries and Ordinances and Legal Affairs was voted by a roll call vote of 7 yeas, 4 nays, 0 abs. Councillors torino, Grace, Lovely, Nowak, O'Keefe, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Daly, Martineau, McCabe, and Cawley were recorded as ting in the negative. In the year one thousand nine hundred and Seventy-Eight I An Ordinance amending an Ordinance relative to Administration Be it ordained by the City Council of the City of Salem, as follows: SECTION 1. Section 2 - 184 is hereby amended by deleting the section and inserting 405 APRIL 13, 1978 in place thereof the following: (a) The position of Counsel to the City Council is hereby created in the City of Salem The Counsel to the City Council shall maintain a law office in the City of Salem ( and shall be an attorney and counsellor in the courts of the Commonwealth. \ ® The Counsel to the City Council shall inform the City Council on questions of the law relating to actions or intended actions of the City Council. The Counsel to the City Council shall review all proposed ordinances and shall suhmit any recommendations prior to second passage. The Counsel to the City Council shall, upon 48 hours notice, attend and advise any meeting of the City Council or its standing or ad--hoc committees is requested by a majority vote of said council or committee. The Counsel to the City Council shall advise the Council Standing Committee on ordinances & Legal Affairs on all matters relative to claims filed against the City and shall maintain an accurate listing of said claims and their status. The Counsel to the City Council shall inform the Council of any and all acts or permissive legislation passed by the General Court of the Commonwealth of Mass- achusetts. The Counsel to the City Council shall perform, in a timely manner any and all duties which the City Council, by a majority vote, may from time to time direct. Except as herein provided, and where no conflict with duties herein set down exist the Counsel to the City Council shall be considered a member of the City of Salem' legal department, so called, ans shall assist the City Solicitor in pursuance of the City Solicitor's duties whenever possible. (b) The Counsel to the City Council shall be nominated by a majority vote of a special committee, to be composed of the President of the City Council, the Chairman of the Standing Committee on ordinances & Legal Affairs, and the City Solicitor. Sai nomination to occur prior to the second regularly scheduled meeting in July of each year. The nominee designated by the aforementioned special committee shall be confirmed by a majority roll call vote of the City Council. 40 APRIL 13, 1978 The Counsel to the City Council shall serve for a term of one year from the date of appointment or until a successor is qualified. (c) The Counsel to the City Council shall be classified under Job Group VII with the weekly and annual schedules of compensation relating thereto. I (d) This Ordinance shall take effect on July 1, 1978. Councillor Cawley resumed the Chair. 240 Granting certain licenses Councillor Grace offered the following report for the Committee on Licenses & permits It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to wham was referred the matter of granting certain licenses has considered said matter and would recommend that the following j be granted. NEW LICENSES TAXI OPERATOR Joel Blumenthal, 59 Dartmouth Street, Somerville David Femino, 14 Hathorne Street, Salem Michael D. Gagnon, 24 Howard Street, Salam Wayne M. Parker, 6 Prince Street, Salem SEA WORMS Raymond Marcorelle, 110 Leach Street, Salem RENEWALS TAXI OPERATOR Martin Kerrigan, 36 Fulton Street, Peabody John P. Wilkinson, 35 Briggs Street, Salem SEA WOPMS Joseph Kobierski, 48 Webb Street, Salem John Kobierski, 48 Webb Street, Salem 241 Ccmunity Development Master Plan Councillor O'Keefe offered the following report on the status of the Master Plan. The Committee on Community Development reports on the status of the Master Plan as follows: The Planning Department through the Planning Board and other various municipal bodies will be breaking down into subcommittees to discuss different phases of the Master Plan. Each subconmittee will issue a draft statement to Master Planner Chery Cooper. Such drafts will be presented to the Council Committee on Community Development for its review to Ms. Cooper. Notice as to meetings of subcommittees will be sent to all City Councillors so that they may be informed of matters in progress. �11� 242 Trans. Legal Opinion Councillor Martineau offered the following report for the Committee on Finance. Certification Etc. It was voted to accept the report and adopt the recommendation. Councillor Grace was recorded as opposed. The Committee on Finance to whom was referred the transfer to the sum of $2,800.00 frau "Interest Temporary Loans" Account to the "Legal Opinion Certification, Etc." Account has considered said matter and would recommend that the transfer be granted. n APRIL 13, 1978 Councillor Centorino gave a verbal report for the Committee on Ordinances & Legal Cam. on Ord. & Leg. Aff. Verbal Report RE: Affairs. He stated that meetings are being held relative to the Establishing of the status of Matters in Housing Review Board. They have met with members of the Lowell Review Board and the Ca[mittee former Clerk of the Housing Review Board in Lynn. He stated that they are proceeding in a cautious and reasonable way. He also report that his comtittee is working on the Charter Study Committee Report and will shortly present a package to the Committee of the Whole, and that several sub-cazmittees have been formed. Councillor O'Keefe reported that the Basketball Game between the Salem City Council Basketball Game Salem Council vs. Peabody and the Peabody City Council will be held on May 5, 1978 at the Salem High School Field Council House. 243 Councillor Martineau offered the following report for the Cotmittee on Finance. It Appr. Forest River Pool Debt and Interest was voted to accept the report and adopt the reccamezdation. The Committee on Finance to whom was referred the appropriation of $16,890.00 from the "Witch House Receipt Fund" Account to the "Forest River Pool Debt and Interest" Account has considered said matter and would recommend that the appropropriation be amended to the sum of $16,260.00 and that it be granted. Councillor O'Keefe gave a verbal report on the status of the UDAG Grant Application. Status of UDAG Appli- cation He stated that our application is in the review process, and a determination will be made within the next ten days. Councillor Martineau gave a verbal report for the Finance Camtittee. Budget Meetings He stated that the Rules and Regulations for the Budget are now being set up, and many meetings are being scheduled. Councillor McCabe requested and received unanimous consent to refer back to Motions, Orders, and resolutions. 244 Councillor McCabe introduced the following Ordinance which was referred to the Conn- Building Maintenance Man Off Street Parking ittee on Personnel & Salaries. Ccmdssion In the year one thousand nine hundred and Seventy Eight An Ordinance to amend an Ordinance relating to Classification and salary of certain employees of the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. Job Group 53 of the Classification and Salary Scheduled of Certain EWloyee entitled "Offstreet Parking" shall be amended by adding Job Group V: STEP I STEP II STEP III Building Maintenance Man $184.91 $200.62 211.50 Section 2. This Ordinance shall take effect as provided by City Charter. These were no c=a nications from City Officials 408 APRIL 13, 1978 245 Comm. from Governor A communication was received from Governor Michael S. Dukakis acknowledging receipt Dukakis Re: North Shore Cammmunity College of the City Council Resolution relative to North Shore Community College. On the motio of Councillor Nowak, the communication was received and filed. 246 Comm. fr. Robert Camarda A cammunication was received from Robert J. Camarda, 8 Cheval Avenue, relative to RE: Flooding on Cheval I Avenue drainage and flooding problems in the Cheval Avenue Area. on the motion of Councillor Nowak, the Communication was received and filed. 247 March of Dimes Walk-A- The petition of the March of Dimes to hold a WALK-A-THON in the City of Salem on Thai April 30, 1978 - April 30, 1978 was granted. 248 Gas Mains Derby St. & A hearing was ordered for April 27, 1978 at 8:00 P.M. on the petition of the New Derby St. & Union St Boston Gas Company to locate Gas Mains on Derby and New Derby Streets,, and Union St. 249 TAG DAY Salem Lions The petition of the Salem Lions Club to hold a TAG DAY in the City of Salem on Club April 15, 1978 was granted. Councillor Martineau was recorded as voting present. 250-255 New Licenses The following applications were referred to the Committee on Licenses & Permits. TAXI OPERATOR Anthony C. Fiore, 191 Pleasant Street, Marblehead PASSENGER AUTO (2) Anthony C. Fiore, 191 Pleasant Street, Marblehead TAXI STAND Anthony C. Fiore, 191 Pleasant Street, Marblehead SEA WORMS Edward Ouellette, 117 Leach Street, Salem Eutimio Bettencourt, 102 School Street, Salem USED ARTICLES CLOTHING Barbara Simard, 106 Aspen Road, Swampscott 256 Public Guide Renewal The Public Guide Renewal License of Elizabeth D. Haley, 9 Kenneth Road, Marblehead, Elizabeth D. Haley was granted. 257 Renewals The following Renewals were referred to the Committee on Licenses & Permits. HACKNEY CARRIAGES Great Northern Equestrian Enterprises, Inc. , 179 Bridge St. Salem (3) HORSE-DRAWN STREET CAR TROLLEY Great Northern Equestrian Enterprises, 179 Bridge St. HACKNEY CARRIAGE OPERATOR Robin S. Noll, 28 Arthur Street, Beverly Brian J. Watson, Pond Street, Essex HACKNEY CARRIAGE STAND Great Northern Equestrian Enterprises, West side of Fort Avenue, at Salem Willows, across from Willows miniature golf Great northern Equestrian Enterprises, Washington Sq. South SECOND HAND DEALER FURNITURE Andres J. Belanger, 95A Bridge Street, Salem TAXI OPERATOR Richard Eichman, 48 Bow Street, Beverly Joseph C. Stupakiewicz, 28 Williams Street, Salem SEA WORMS Charles Pearson, 1 Rice Street, Salem DIG BAIT Charles Pearson, 1 Rice Street, Salem APRIL 13, 1978 258-273 The following Claims were referred to the Committee on Ordinances & Legal Affairs. Claims Frank I. Addison, 12 Chandler Street, Salem Salvatore Bordonaro, 60 Winthrop Street, Salem Isabel K. Burk, 149 Essex Street, Swampscott Roger K. Eastman, 122 Federal Street, Salem Roland Fournier, 18 Beckett Street, Salem Mrs. Rita Gillette, 85 Monument Avenue, Swampscott Paul D. LeBrun, Sr. , 401 Jefferson Avenue, Salem Phyllis Meaney, 18 Appleby Road, Salem Martha Moreno, 131; Boston Street, Salem r Philip Ricci, 98 School Street, Salem I Mrs. John David Ricker, 94 Nanepashmet Street, Marblehead Raymond & Ann St. Cyr, 11 Hartford Street, Salem Doris Taylor, 26 Lake Shore Avenue, Beverly Kathryn A. Vorina, 2C Pioneer Terrace, Salem John Wowk, 55 Turner Street, Salem Mrs. N. Young, 1932 North Street, Salem 274-277 The following Bonds were referred to the Co[mittee on Rules & Bonds and returned Bonds approved. PUBLIC OFFICIAL Lawrence D. Buckley, City Treasurer Thomas G. Sullivan, City Collector SIGN BONDS Sun Oil Company, North & Mason St. (Mason St. Side) Sun Oil Company, North & Mason St. (North St. Side) (172) The matter of second and final passage of an Ordinance relative to Traffic Section Second passage - Tow Zone 5 Broad Street 74 Tow Zone 5 Broad Street Parking Lot was then taken up. Councillor Rochna amended the letter (n) to the letter (w) . Amendment voted. The Ordinance was adopted for second and final passage as amended so that it shall now read as follows: In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance in regard to Tow-Away Zone regulations Be it ordained by the City Council of the City of Salem, as follows: ((� Section 1. Chapter 15, Section 74 of the Salem Code of Ordinances is hereby amended y� by adding after paragraph "v" paragraph "w". (w) In or upon the parking lot adjacent to 5 Broad Street, at the intersection of Broad Street and Winthrop Street, such parking lot being presently under the ownership and control of the City of Salem Board of Cemetery C TtRiSSiCnerS." Section 2. This Ordinance shall take effect as provided by City Charter. 410 t k APRIL 13, 1978 Jurors at Lawrence Councillor Rochna was appointed to draw three jurors for the Salem Superior Court May 1, 1978 sitting at Lawrence. 1. Peter Nekowoski, 5 Lyme Street, Oil Burner Technician 2. Charles R. Ambrose, 41 Northey Street, Plastic Worker 3. Walter Twarog, 8 Forrester Street, Leather Worker i On the motion of Councillor Martineau, the meeting adjourned at 10:30 P.M. r 41.f APRIL 19, 1978 R SPECIAL MEETING A SPECIAL MEETING of the City Council was scheduled in the Council Chamber on Wednesdav, April 19, 1978 at 7:45 P.M. on this date for the purpose of drawinq one (1) juror for the Salm Superior Criminal Court for the vear 1978. Notice of this meeting was posted on April 14, 1978 at 3:13 P.M. f Present were Councillors Grace, Lovelv, O'Keefe, Martineau, Usovicz, and Cawlev. Absent were Councillors McCabe, Nowak, Centorino, Rochna and Daly. President Leonard A. Cawley, Jr. presided. Councillor Cawley requested that the Clerk show on the record that this meet- ing is being called as an emergency meeting for the sole purpose of drawing (1) juror. It was so noted. (See original signatures calling for Special Meeting.) Councillor Lovely moved to dispense with the reading of the record of the previous meeting. It was so voted. Councillor Lovely was appointed to draw one (1) juror for the Salm Superior Criminal Court for the year 1978. 1. Phyllis C. Ballou, 14 Cambridge Street, Housewife. On the motion of Councillor O'Keefe, the meeting adjourned at 7:47 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK t` APRIL 24, 1978 PUBLIC IM&RMG A Public Hearing was held in the Council Chamber on Monday, April 24, 1978 at 8:00 P.M. on the petition of Warner Cable T.V. of Salm for a pole location; also a petition for attachments to existing poles throughout the City of Salm. Notice of f this meeting was posted on Friday, April 21, 1978 at 3:09 P.M. and advertised in the I Salem Evening News on April 20, and 24, 1978. Present were Councillors Cawley, Centorino, Grace, Lovely, O'Keefe and Usovicz. Absent were Councillors Martineau, McCabe, Nowak and Rochna. President Leonard A. Cawley, Jr. presided and recognized Mr. Donald Leach, Business Manager for Warner Cable Television of Massachusetts who spoke briefly and attempted to clarify the two petitions submitted. He informed the Council that the utility companies stated that Warner must proce with these petitions before they can attach to their poles. He stated the poles are owned jointly by the utility companies and that Warner Cable is entering into an agree- ment with both companies. The Agreement gives Warner Cable permission to attach to the utilities. Mr. Leach stated he submitted a list of all the poles Warner wants to attac to, but the utility companies inform Warner which ones they can attach to. This app- lication only gives Warner Cable specific poles they would like to attach to. Mr. Leach then stated he would explain the two petitions: Warner Cable is requesting permission to erect a pole within a public way within the City of Salem. The utility companies require this petition under Mass. General Laws Chapter 166. All existing poles now in Salem have all been granted by the City Council throug public hearings, etc. The third party attachment is what Warner Cable is asking for. Warner Cable must receive permission from the City Council to occupy specific poles. This single pole, he stated, that Warner is applying for will not be erected; but his company must receive permission for it. The pole is adjacent to the water tank on Almeida Street. Warner has no need forthe pole except for permission to put it up. If a pole location is granted on this, it would satisfy the State Law and subsequent petition to attachments. Mr. Leach then explained that the location of this i pole abbuts city properties. FIRST HEARING - PETITION ON POLE LOCATION ON AIMEIDA STREET /�n1yl i TESTIMONY IN FAVOR Mr. Donald Leach of Merrimack, N.H. , Business Manager for Warner Cable Televisio Company of Massachusetts spoke in favor of the petition. Mr. Leach - the location of the pole is to be on Almeida Street, and in order to comply with request from the utility companies and Chapter 166 of the State Laws of Massachusetts, Warner Cable will not be erecting a pole, they just require permission to locate the pole. -03 APRIL 24, 1978 C. Usovicz - Is it my understanding that you are requesting a location for a pole that will not exist? Mr. Leach - Yes. C. Usovicz - If this is in ccRIPliance with M.G.L. Chapter 166, could you fill us in as to why we have to approve the location for a pole that will not exis . Mr. Leach - I do not understand the telephone company's interpretation of the state law. C. Usovicz - I have no knowledge of what Chapter 166 is all about. Mr. Leach - According to what was explained to me by the telephone company, Warner Cable must receive permission first due to the working the state law. The pole does not have to be placed. C. Usovicz - I am wondering if we can issue a permit for a pole that does not exist. C. Grace - Is the pole in the middle of Almeida Street? Mr. Leach - It is on the side of the street directly in front of the water tank. C. Grace - Why is it that this pole location was selected? Was the height in the area of any significance? Mr. Leach - None at all, except it abutted city property and because there were no other abutters. C. Grace - I would like to have a written interpretation fran the telephone capan 's legal Department of the law on this. Mr. Leach - We will contact them and have the information for you. C. Centorino - Are there any circumstances that you would consider putting a pole at that location? Mr. Leach - No. C. O'Keefe - Where are other places you are running cable? Mr. Leach - We have begun preliminary work where the utility canpanies provide space on the poles. C. O'Keefe - Where is the work catmencing? Mr. Leach - Highland Avenue in a northerly direction. - Councillor Grace's ward will be first. C. O'Keefe - Is the pole location on the right of way on Almeida Street? Mr. Leach - Yes, and it was approved by your City Engineer, Mr. Anthony V. Fletcher. * There were many further questions to Mr. Leach Mr. John Wright, an Abutter, or 80 Almeida Street, .Salem, Mass. then questioned Mr. Leach. Mr. Wright - Aren't you going south on the diagram you show rather than east? Please clarify this on the blackboard. (Mr. Leach did so) Mr. Wright - Is this pole 150' frau my property? Mr. Leach - Yes. k 4t4 APRIL 24, 1978 Mr. Wright - Did you measure it off on the tank? Is is not near the road Mr. Leach - The location of the road is not the consideration. It is about 5 feet off the side of the right of way. Mr. Wright - 72' from the center of the tank is about 100 feet. Mr. Leach - Diameter of the tank is about 150' . The road is not the consider- ation. Mr. Wright - If the tank is 150'h around the tank, it is a circle Recess - 5 minutes until Mr. Leach got a ruler - 8:45 - 8:50 Mr. Leach - The tank is approximately 85' in diameter —approximately 42'feet from location of the pole - approximately 30' away frau tank. Mr. Wright - Which road or right of way are we talking about? Mr. Leach - There is a gravel road surrounding the tank. Warner Cable is only in the right of way. Pole has to be located in a right of way. Mr. Wright - Can you clarify the 'word "pole"? Mr. Leach - Wording was given to us by the telephone company in order to satisfy requirements in that law. C. Grace - to Mr. Leach: If this pore location is given, you could cane back in about 3 years and put this pole up. The City Solicitor could possible write something up that the pole will not be erected. Mr. Leach - We are willing to set a height on a pole. Mr. Wright - How can you set a height when there is no pole? Mr. Leach - I assure you all, that the pole will not exist. A 1 ft. or 6 inch limit can be set. We will be willing to do that because the pole itself isn't necessary. C. Cawley - The Zoning Ordinance prohibits construction of a structure over 4 stories. Mr. Leach - If permit is granted, we could specify a height. Mr. Wright - Are there going to be underground cables, Etc.? Mr. Leach - No one can disturb a public way without submitting a plan to the city Council and would be subject again to a public hearing. We are just looking for a general approval on conduits in a public way. Mr. Alan Davis - 4 Almeida Street - Does the road have to stay open to be considered a right of way? My concern is if that road can be blocked, what effect would this have on you? Mr. Leach - None C. O'Keefe moved pole location be granted to Warner Cable Television with the condition the pole not exceed a height of 6 inches. It was so voted. C. Grace moved that the hearing be closed. It was so voted. 415 APRIL 24, 1978 SECOND HEARING - PETITION ON ATTACHMENTS To EXISTING POLES BY WARNER TESTIMONY IN FAVOR Mr. Donald Leach of Warner Cable Television Company of Massachusetts spoke in favor of the petition. He stated that Warner Cable has a joint pole attachment agreement with the N. E. Telephone and Massachusetts Electric Company for occupying space on poles in the City of Salem. They have been approved by both utility canpanies, both have joined with Warner Cable and their signatures confirm that poles are listed on the petition and have been granted by the City Council and the plans submitted along with the petitions show the location of each pole. C. Grace - This is just for attachments - any undergound digging? Mr. Leach - No. The only time we have the need to dig up a street would be where we are unable to lease space frau the Telephone Company and there again it would have to require a public hearing by the City Council. C. O'Keefe - The listing of streets you have given us is a listing of all streets in the city, Mr. Leach - Yes. C. O'Keefe - Do you expect to have any difficulties with location of any under- ground materials? Mr. Leach - No. We surveyed the conduits 5 years ago with the Telephone Com- pany. There should be no need for any additional construction. The Telephone Company sometimes prohibits us for space and we then look for alternate routes before we do any digging of our own. Every- thing has to be restored to its original condition if we dig. C. O'Keefe - You might have to go underground, then. Mr. Leach - Very rarely have we been prohibited from attaching to existing poles C. O'Keefe - How about undeveloped area? Mr. Leach - We allow sufficient space in our equipment to build into those areas C. O'Keefe - Do you have to go to the City Council on this? ® Mr. Leach - It would be included in a joint petition with the utility company. C. Cawley - On the letter given to us there is an alphabet listing of about all streets in Salem next to which is a numeral. Are all these poles owned by one utility company? Mr. Leach - Most are joint owned. C• Cawley - Could you provide a breakdown? We would like to make certain of thi condition before granting the license. I would like to know who ownes what poles. Mr. Leach - Yes, we will do that. 41 APRIL 24, 1978 C. Cawley - Is there a contract in existence for rent of space of these poles. Mr. Leach - Yes, we have an agreement with the owners of the poles. We pay for the space we use. OPPOSED - NO ONE VMS RECORDED AS OPPOSED. Councillor Centorino moved permission be granted to Warner Cable of Salem for attachments to existing poles throughout the City. Councillor Grace assumed the Chair i for Council President Cawley. Councillor Cawley amended that the granting of the permission for attachments be contingent upon Warner supplying the list of pole owners as requested easlier in this hearing, giving the Council the names and owners of the poles and any new construction be in conformance with the existing ordinances. The amendment was so voted. Permission was granted to Warner, as amended. Councillor Cawley resumed the chair. Councillor Lovely moved the hearing be closed. It was so voted. Councillor Usovicz moved for adjournment at 9:15 P.M. It was so voted. 4t7 APRIL 27, 1978 REGULAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday April 27, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on April 21, 1978 at 3:09 P.M. There was no one absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. (248) A hearing was held on the Order of the Boston Gas Company to locate Gas Mains on Gas Mains Derby St. New Derby St. & Union Derby Street, New Derby Street, and Union Street. Mr. Robert Craig, Assistant Superin- Street tendent of the Boston Gas Company and Councillor George A. Nowak were recorded as being in favor. There was no one opposed. The hearing was closed. On the motion of Councillor Nowak, it was voted to grant the permit. 278 The Mayor's appointment of Mr. Thomas S. Hogan as Personnel Director for a term Appt. Thomas S. Hogan Personnel Director expiring January 31, 1979 was received. Councillor Grace moved to waive the reading of the document. It was so voted. Councillor Grace moved for suspension of the rules. Councillor Centorino objected. The appointment was held until the next meeting under the rules. 279 The following Order, recommended by the Mayor, was referred to the Cmmittee on Appr. City Engineer Water Study Finance. ORDERED: That the stun of Sixty Thousand Dollars ($60,000.00) be and the same is hereby appropriated from the "Sale of City Owned Property" Account to the "City Engineer Water Study" Account in accordance with the recommendation of His Honor the Mayor. 280 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Police Payroll Finance. ORDERED: That the stun of Forty-Seven Thousand One Hundred Fifty-Seven Dollars and Seven Cents ($47,157.07) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Police-Payroll" Account in accordance with the recommndation of His Honor the Mayor. 281 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Workmen's Comp. Payroll Finance. ORDERED: That the stun of Twenty-Five Thousand Six Hundred Ninety-Five Dollars and Forty Cents ($25,695.40) be and the same is hereby appropriated from the "Surplus Revenue" Account to the %brkmen's Compensation - Payroll" Account in accordance with the recommendation of His Honor the Mayor. 282 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Police Bills Finance. 41 APRIL 27, 1978 ORDERED: That the sun of Eighteen Thousand Dollars ($18,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Police Bills" Account in accordance with the recommendation of His Honor the Mayor. 283 ommended by the Mayor, was referred to the Committee on Appr. Water Laborers The following Order, rec Payroll Finance. ORDERED: That the stun of Sixteen Thousand Dollars ($16,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Water Laborers' Pay- roll" Account in accordance with the recommendation of His Honor the Mayor. 284 Appr. Workmen's Comp The following Order, recommended by the Mayor, was referred to the Committee on Medical Finance. ORDERED: That the sum of Fifteen Thousand Two Hundred Thirty Dollars ($15,230.00 be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Workmen's Compensation - Medical" Account in accordance with the recommendation of His Honor the Mayor. Councillor McCabe assumed the Chair for Councillor Cawley. 285 Appr. Personnel Dept The following Order, recommended by the Mayor, was referred to the Committee on Payroll Finance. ORDERED: That the sum of Four Thousand Two Hundred Fifty-Six Dollars and Eighty Five Cents ($4,256.85) be and the same is hereby appropriated from the "Surplus Revenue' Account to the "Personnel Department - Payroll" Account in accordance with the recomm- endation of His Honor the Mayor. Councillor Cawley resumed the Chair. (202) Appt. Wm. Jeffrey Councillor Nowak moved to take out of order under unfinished business the matte Asst. Harbormaster of the Mayor's appointment of b^s. William D. Jeffrey, 16 Sunset Road, as an Assistant Harbormaster. It was so voted. The matter of the Mayor's appointment was then taken up. The appointment was confirmed by a unanimous roll call vote. 286 recommended by the Mayor, was referred to the Committee o Appr. Pumping Sta- The following Order, tion Payroll Finance. ORDERED: That the sum of Four Thousand Dollars ($4,000.00) be and the same ' is hereby appropriated from the "Surplus Revenue" Account to the "Pumping Station - Payroll" Account in accordance with the recommendation of His Honor the Mayor. 287 TAG DAY Arbella Councillor Rochmma meed to take out of order the matter under petitions of Dnun Corp. li- a Tag Day Application by the Arbella Drmumm Corp of Salem. It was so voted. The appli— cation for the tag day was granted. Councillor Rochna recognized a group from the Arbella Drumm Corp attending this evening's meeting. 288 Appr. City Clerk The following Order, recommended by the Mayor, was adopted. Bills -ia 419 APRIL 27, 1978 ORDERED: That the stun of Two Thousand Three Hundred Forty-Six Dollars ($2,346.00) be and the same is hereby appropriated from the "Surplus Revenue" account to the "City Clerk-Bills" Account in accordance with the recommendation of His Honor the Mayor. 289 i The following Order, recoimcended by the Mayor, was adopted. Appr. North Shore Elder Services, Inc. ORDERED: That the sum of One Thousand Eighty-Two Dollars and Seventy-One Cents ($1,082.71) be and the same is hereby appropriated from the "Meals for Aged Title VII" Account in order to pay "North Shore Elder Services, Inc." in accordance with the recommendation of His Honor the Mayor. 290 A communication was received from the Mayor relative to use of Public Law Com mmication RE: Use of P.L. 91-606 funds 91-606 "Storm Damage Funds" for repair to the Salem Willows Pier. The matter was ref- for repair to Salem Willows Pier erred to the Committee on Municipal Services. It was so voted. Councillor Martineau was recorded as opposed. 291 A communication was received from the Mayor requesting Council approval of a Communication RE: re- locating Depts. at One Resolution to relocate the Treasurer, Purchasing, and Personnel Departments at One Salen Salam Green Green. BE IT RESOLVED: That the relocation of the Treasurer, Purchasing, and Personnel Departments be accomplished by the Superintendent of Public Property in an orderly and time-ly fashion, and tiie relocation follow the relocation plan enclosed herewith. The matter was referred to the Committee on Municipal Services. It was so voted. Councillor Grace requested that a co mmication be sent to the Mayor advising him that the matter has gone to Municipal Services Committee until such time as the Board of Health is relocated. Councillor Cawley appointed Councillor Grace as a comm- ittee of one to notify the Mayor. 292-293 The Mayor reappointment of the following as Constables in the City of Salam Constables for a term beginning May 1, 1978, was received and filed. John B. Giunta, 2 Liberty Hill Ave. , Salam Robert W. Hinch, 13 Ocean Avenue, Salam 294 The Mayor's appointment of the following persons as weighers of Coal and Weighers of Coal & other commodities other commodities in the City of Salem was received and filed. John Spinello, 14 Spring Avenue, Wakefield Kevin Doucette, 2A Gilson Terrace, Somerville 295 A communication was received from the Mayor after the deadline of Tuesday Resolution RE: Think Rink Funds Noon relative to the distribution of funds for Think Rink, Inc. 420 APRIL 27, 1978 Councillor Martineau moved to suspend the rules to take the matter up. There were no objections. Councillor Martineau moved to waive the reading of the resolution. It was so voted. The Resolution was adopted by a roll call vote of 10 yeas, 0 nays, 0 abs. 1 "present". Councillor Martineau voted present. Councillor Usovicz moved for immediate reconsideration hoping it does not prevail. Reconsideration denied. l RESOLUTION RESOLVED: WHEREAS a Petition for Dissolution of Think Rink, Inc. , has been filed with the Supreme Judicial Court; and, WHEREAS Paragraph Fourteen of the Petition sets forth a vote by the Trustees of Think Rink, Inc, that the assets of Think Rink, Inc. , should be distributed in the following manner; A. The coporation should deed back to the Town of Swampscott the original 3.8 acres given to it by Swampscott, and should also transfer to the Town of Swampscott the 1.4 acres of additional land purchased by the corporation. B. The corporation's other remaining assets should be distributed for public charitable purposes among organizations or governmental entities in the three oommani- ties of Marblehead, Swampscott, and Salem in the same proportion as contributions were originally received from donors from each cmaniity as follows: 1. As to that portion corresponding to Marblehead Contributions: a) 40 percent thereof should be given to the Marblehead Swampscott YMCA for use in its current building fund drive to capital improvements; b) 40 Percent thereof should be given to the Town of Marblehead Recreation and Park Department to build a tennis court facility which can also be used in winter for ice staking, such facility to be designated as the "Think Rink, Inc. Recreational Facility" c) 20 percent thereof should be given to the Town of Marblehead Recreation and Park Department to hold, manage, and invest as a separate fund under the designatio "Think Rink, Inc. Fund" of which the income only is to be used each year to assist and support youth hockey and ice skating activities in the area. 2. As to that portion corresponding to Swampscott Contributions: 1 a) All thereof should be given to the Town of Swampscott to build a tennis court facility which also can be used in winter for ice skating, such facility to be designated as the "Think Rink, Inc. Recreation Facility", but on the condition that assurance can be first obtained for obtaining a 65 per cent matching state aid grant to assist in the construction of such facility. 3. As to that portion corresponding to Salem Contributions: a) All thereof should be given to the City of Salem Recreation Department to be divided into two separate equal funds; the income and principal of the first 421 April 27, 1978 a fund shall be expended only for youth hockey and ice skating activities, subject to the limitation that no more than 5 percent of the principal and all of the current and any accumulated income may be so expended in any single year; the income and principal of the second fund shall be expended only for other general youth sport activities, subject to the same annual percentage limitations as are imposed on the first fund; and, WHEREAS, The donative interest of the Public Minded Citizens who contributed to Think Rink, Inc. , will best be served by the approval by the Supreme Judicial Court of this distribution scheme. NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF SALEM assents in full to the proposed distribution schen contained in the Petition, and further acknowledges and reconfirms its earlier resolve of January 12, 1978, to accept proceeds from the dis- tribution in accordance with the terms and conditions set forth in the vote of the Trustees in Think Rink, Inc. 296 A communication was received fron the Mayor after the deadline of Tuesday Budget Fiscal 1979 Noon. Councillor Martineau moved for suspension of the rules. There were no objection . The matter of the Budget for the year ending June 30, 1979 was then taken up. Councillor McCabe moved that it be referred to the Committee on Finance. Councillor McCabe assumed the Chair for Councillor Cawley. Councillor Cawley amended that the Finance Committee report back to the full Council on the Budget no later than 40 days from today. Amendment voted. The Budget was referred as amended. Councillor Cawley resumed the Chair. 297 Councillor Usovicz introduced the following Order which was adopted. Fly Polish Flag at Riley Plaza ORDERED: That the Polish Flag be displayed and hung proudly from the staff at Riley Plaza for the week beginning May 1, 1978 in commemoration of Rolish Consti- tution Day, May 3. 298 Councillor Nowak introduced the following Ordinance which was adopted for First Passage S. 13 Service Zone Congress St first passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Service Zones) 1 IBe it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 13 (Service Zone) is hereby amended by adding the following in alphabetical order. Congress Street, easterly side, at the Salem Marina for a distance of thirty four (34) feet, as marked by signs. Section 2. This Ordinance shall take effect as provided by City Charter. 299 Councillor Nowak introduced the following Ordinance which was adopted for First Passage S. 13 Service Zone Front St. first passage. I 422 APRIL 27, 1978 In the year one thousand nine hundred and seventy-eight- An Ordinance to amend an Ordinance relative to Traffic - Service Zone Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 13 (Service Zone) is hereby amended by adding the foll- owing in alphabetical order. Front Street, northerly side, beginning at a point one hundred and fourteen (114) feet from the intersection of Front Street and Washington Street and extending in an easterly direction for a distance of thirty (30) feet. Section 2. This Ordinance shall take effect as provided by City Charter. The Council recessed at 8:40 P.M. and reconvened at 8:43 P.M. 300 Ordinance est. fines Councillor Rochna introduced the following Ordinance. for Bicycle Violations In the year one thousand nine hundred and Seventy-Eight An Ordinance to establish fines for violations of Bicycle Operation Regulations Be it ordained by the City Council of the City of Salem, as follows: Section 1. Whoever shall operate a bicycle upon a way, as defined in Section One of Chapter 90 of the General Laws, in violation of the regulations and provisions of Chapter 85, Section 11B, shall be punished by a fine in the following amount: Warning - No fine First Violation - Two and 00/100 ($2.00) Dollars Second Violation - Three and 00/100 ($3.00) Dollars Third Violation - Five and 00/100 ($5.00) Dollars Fourth Violation - Ten and 00/100 ($10.00) Dollars For each subsequent violation within one year from the date of the first violation, ten and 00/100 ($10.00) Dollars fine. A bicycle operated by a person under the age of eighteen years in violation of this section may be impounded by the police department for a period not to exceed fifteen (15) days. Section 2. This Ordinance shall take effect as provided in City Charter. Chair ruled that Councillor Rochna could subndt her second Ordinance in con- junction with fines. I Councillor Martineau challenged the Chair. Ail The Chair withdrew the ruling. The chair ruled that Councillor Rochna is in order and may read her second rdinance. Councillor Martineau moved to table the Ordinance. Motion to table defeated uncillor Lovely moved that the matter ve referred to the Committee on Municipal Servi s. uncillor Centorino amended that the ordinance be referred to Ordinances & Legal Affair . ` uncillor Lovely withdrew his motion. Councillor Nowak's motion to move the question s so voted by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Centorino, y, Grace, Lovely, McCabe, Nowak, and Rochna were recorded in the affirmative. uncillors Martineau, O'Keefe, Usovicz, and Cawley were recorded in the negative. 423 APRIL 27, 1978 The Ordinance was referred to the Committee on Ordinances & Legal Affairs by a roll call vote of 8 yeas, 3 nays, 0 abs. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Martineau, O'Keefe, and Usovicz were recorded as voting in the negative. 301 ® Councillor Rochna introduced the following Ordinance. Ordinance Est. Procedure I In the year one thousand nine hundred and seventy-eight. for non Criminal Ticket An Ordinance to establish a procedure for non-criminal ticketing of Bicycle Law violation. Be it ordained by the City Council of the City of Salem, as follows: Section 1. A police officer taking cognizance of any violation of the provisions of Massachusetts General Law Chapter 85, Sections 11A and/or 11B, may request the offen- der to state his name and address. Whoever, upon such request refuses to state his name and address, or states a false name and address or a name and address which is not his name and address in ordinary use, shall be punished by a fine of not less than twenty nor more than fifty dollars. Any such offender who refuses upon such request to state i his name and address may be arrested without a warrant; but no person shall be arrested without a warrant for any other violation of any provision of this paragraph or for any violation of any provision of this paragraph or for any violation of any provision of any such rule. Every police officer who takes cognizance of such violations may give the offen- der a notice, which shall be in tag form, as provided in this section, to appear before the clerk of the district court having jurisdiction, at any time during office hours not later than twenty-one days after the date of such violation. If the offender is under age sixteen, the officer may give notice to the parent or guardian of the off- ender. All tags shall be prepared in triplicate and shall be prenunbered. Said tag shall contain but shall not be limited to the following information: The registration number, if any, the name and address of the offender; if served with notice in hand at the time of such violation, the number of the offender's license, if any, to operate motor vehicles, the time, place and nature of the violation; amount Of fine, if any; instructions for the return of the tag; and a notice which reads as follows: This notice may be returned by mail, personally, or by an authorized person, JIML and if properly returned shall be deemed non-criminal. A court hearing may be obtain- ed the written request of the offender. Failure to obey this notice within twenty- One days after the date of violation will result in the offender's appearance in court On a criminal complaint. Such notice shall be signed by the officer, and shall be signed by the offender whenever practicable in acknowledgement that the notice has been received. The officer shall, if possible, deliver to the offender at the time and place Of the violation a copy of said notice. Whenever it is not possible to deliver a copy f said notice to the offender at the time and place of violation, said copy shall be fled or delivered by the officer, or officer to the offender's last known address. j I I 424 APRIL 27, 1978 Such notice mailed, by the officer, his cmnanding officer or the person so authorized I to the said offender shall be deemed a sufficient notice, and a certificate of the officer or person so mailing such notice that it has been mailed in accordance with this section shall be deemed prima facie evidence thereof and shall be admissible in any court of the Commonwealth as to the facts contained therein. 1� At or before the ccopletion of each tour of duty, the officer shall give to his commanding officer those copies of each notice of such a violation taken cognizance of during such tour which have not already been delivered or mailed by him as afore- said. Said co manding officer shall retain and safely preserve one of such copies and shall at a time no later than the beginning of th*ext court day after receipt of such notice deliver another of such copies to the clerk of the court before wham the offender has been notified to appear. The clerk of each district court shall maintain a separate docket of all such notices to appears. Any person notified to appear, before the clerk of a district court, as provided herein, may appear before such clerk and confess the offense charges, either personally or through an agent duly authorized in writing, or by mailing to such clerk the notice accompanied by the fine provided therein, if any; such payment to be made only by postal note, irony order or check made out to the clerk of the court. Retur- ning the notice to the clerk of court and payment of the fine established, if any, shall operate as a final disposition of the case. Proceedings under this paragraph shall not be deemed criminal; and no person notified to appear before the clerk of a district court as provided herein shall be required to report to any probation officer, and no record of the case shall be entered in the probation records. Should any person notified to appear before the clerk of the district court fail to appear or, having appeared, desire not to avail himself of the procedure here- inbefore provided for the noncriminal disposition of the case, the clerk shall, as soon as may be, notify the officer concerned, who shall forthwith make a complaint and foll- ow the procedure established for criminal cases. If any person fails to appear in accordance with the summons issued upon such complaint, the clerk shall send such person by registered mail, return receipt requested, a notice that the complaint is pending and that if the person fails to appear within twenty-one days from the sending ANA of such notice of warrant for his arrest will be issued. If any person fails to appear within twenty-one days from the sending of such notice the Court shall issue a warrant for his arrest. The notice to appear, provided herein, shall be printed in such form as the Chief of Police may direct, provided that it is approved for use by the Chief Justice of the District Court. The notice may be a revision or adoption of the notice pre- pared pursuant to Section 20A or 20C of Chapter 90. All fines collected pursuant to this section shall be used for the develop- 422 APRIL 27, 1978 Ment and implementation of bicycle safety programs. Section 2. This Ordinance shall take effect as provided in City Charter. Councillor Centorino moved that the Ordinance be referred to the Ccrwattee on Ordinances & Legal Affairs. Councillor Usovicz amended that the Committee make their report within two weeks. Councillor Daly moved the question. It was so voted by a roll call voted of 9 Yeas, 2 Nays, 0 abs. Councillor Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Martineau and Usovicz were recorded as voting in the negative. The amendment that committee report out within two weeks was defeated. Councillor Daly moved the question. It was so voted by a roll call vote of 8 yeas, 3 nays, 0 abs. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keef , and Rochna were recorded as voting in the affirmative. Councillors Martineau, Usovicz, and Cawley were recorded as voting in the negative. The Ordinance was referred to the Comnittee on Ordinances & Legal Affairs by a roll call vote of 9 yeas, 2 nays, 0 abs. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Martineau and Usovicz were recorded as voting in the negative. The Council Recessed at 9:08 P.M. and reconvened at 9:15 P.M. 302 Councillor Rochna introduced the following Order. Safety Officer and Marshal Review fines RE. ORDERED: That Safety Officer and the Chief of Police review the Ordinance to Bicycles establish fines for violations of Bicycle Operation Regulations and the Ordinance to establish a procedure for non-criminal ticketing of Bicycle Law Violations presented to the City Council April 27, 1978 and report their recoamendation(s) to the Salem City Council within fourteen (14) days. That the Safety Officer and the Chief of Police prepare for the approval of the Salem City Council, after consultation with representatives of the Salem Police Depart- meet, a recommended notice in tag form to be issued to persons violating the provisions of Massachusetts General Laws Chapter 85, Sections 11A and 11B. That the Safety Officer of the Salem Police Department prepare a program of Public information designed to make all citizens in the City of Salem aware of the existing bicycle rules and regulations and the enforcement procedures within the City of Salem. Councillor Daly moved that it be referred to the Committee on Ordinances & Legal Affairs, Councillor Rochna amended that Safety Officer Michaud be requested to appear before the Committee. Councillor Martineau moved the question. It was so voted. Phe Amendment was so voted. Councillors Usovicz, O'Keefe, and Martineau were recorded tis opposed. The Order was referred as amended. Councillors Usovicz, O'Keefe, and Martineau were recorded as opposed. 1 a 426 APRIL 27, 1978 Suspend July 27 & 303 Councillor Lovely introduced the following Order which was adopted. August 24 meetings ORDERED: That the regular meetings for the simaner months be held on July l3th and August 10th and the meetings for July 27th and August 24th will be suspended. Councillor Grace moved to refer back to Communications from the Mayor rel- ative to the Mayor's appointment of Mr. Thomas S. Hogan as Personnel Director. Counc- illor Centorino withdrew his previous objection. Councillor McCabe moved to suspend the rules to take the matter up. Councillor Martineau objected. The appointment was held until the nextmeeting under the rules. 304 Councillor Centorino introduced the following Order which was adopted. Regional Services & Mayor meet RE: region- alizing public Servic ORDERED: That the Committee on Regional Services, in conjunction with the Mayor's office and the North Shore Economic Council, arrange for a meeting among representatives of the city governments of Salem, Beverly, Peabody, and Lynn, to be held at a neutral location, for the purpose of initiating a discussion leading to an investigation of the feasibility of regionalizing some of the public services now provided individually by each of the aforementioned municipalities to its residents. The Council recessed at 9:32 P.M. and reconvened at 9:34 P.M. 305 Mayor Advertise for Councillor Grace introduced the following Order. Councillor Martineau position of Personnel Director called the matter out of order. Councillor Grace appealed to the Chair. Councillor Grace's appeal carried by a roll call vote of 10 yeas, 1 nay, 0 abs. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. The Order was adopted. Councillor Martineau was recorded as opposed. ORDERED: That the Mayor advertise the position of Personnel Director for the City of Salam and that a Coanittee be formed consisting of five (5) members to review applications for said position. Said Co ittee to be formed of: 1 City Councillor 1 designee of the Mayor 1 designee from Shoughnessy Hosptial Board of Trustees 1 designee from the City Personnel Board y' 1 designee from the Chamber of Commerce Said Committee to report back to the full Council by July 1, 1978. Councillor McCabe assumed the Chair for Councillor Cawley. 306 Solicitor review Work Councillor Cawley introduced the following Order which was adopted. men's Comp. Agent Sal- ary- ORDERED: That the City Solicitor examine the matter of the payment of the sum of $1,000.00 (One Thousand Dollars) to the "Workman's Cmnpensation Agent" and ipso doing pay attention to the following questions. 1. Is the above payment legal since it is not mentioned in the Salary Ordinance? 427 APRIL 27, 1978 2. How may the City Council see that no further payments from this line item be made in the current fiscal year? BE IT FURTHER ORDERED: That the City Solicitor reply in writing to this order no later than May 10, 1978. BE IT FURTHER ORDERED: That the City Auditor authorize no payment from the "Workmen's Compensation Agent" line item until the Solicitor shall reply to the Council on this matter. Councillor Grace offered the following report for the Camiittee on 307 Licenses & Granting Certain Licenses Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of grant- ing certain licenses has considered said matter and would reccumend that the following be granted. NEW LICENSES SEA NORMS Edward Ouellette, 117 Leach Street, Salem Eutimio Bettencourt, 102 School St. , Salem USED ARTICLES (CLOTHING) Barbara Simard, 106 Aspen Road, Swampscott RENEWALS HACKNEY CARRIAGES (3) Great Northern Equestrian Enterprises, Inc. , 179 Bridge St. , Salem HORSE DRAWN STREEMAR TROLLEY Great Northern Equestrian Enterprises, Inc. , 179 Bridge St. , Salem HACKNEY CARRIAGE OPERATOR Robin S. Noll, 28 Arthur Street, Beverly Brian J. Watson, Pond Street, Essex HACKNEY CARRIAGE STAND Great Northern Equestrian Enterprises, west side of Fort Ave. at Salem Willows across miniature golf. Great Northern Equestrian Enterprises, Washington Square South SE= HAND DEALER FURNITURE Andres J. Belanger, 95A Bridge Street, Salem TAXI OPERATOR Richard Eichman, 48 Bow Street, Beverly Joseph C. Stupakiewicz, 28 Williams Street, Salem SEA WORMS Charles Pearson, 1 Rice Street, Salem DIG BAIT Charles Pearson, 1 Rice Street, Salem 308 Councillor Grace offered the following report for the Committee on Licenses & Taxi Operator-Stand- Passenger Auto Wayne M. Permits. It was voted to xcept the report and adopt the recotmmendation. Parker The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted. TAXI OPERATOR Wayne M. Parker, 6 Prince Street, Salem AUTO PASSENGER (2) Wayne M. Parker, 6 Prince Street, Salem TAXI Wayne M. Parker, 6 Prince Street, Salem The taxi stand will be located temporarily on Washington Street, westerly side, beginning at a point 24 feet from the intersection of Washington Street and Essex Street and extending in a southerly direction for a distance of 44 feet, as recommended t4„8 P.. APRIL 27, 1978 by the Police Traffic Division, subject to approval by the Off Street Parking Ccmmissio . 309 Appr. City Council Councillor Usovicz offered the following report for the Committee on Personn 1 Unpaid Salaries 1974 and Salaries. It was voted to accept the report and adopt the recommendation. The Committee on Personnel and Salaries to wham was referred the matter of "City Council unpaid Salaries 1974" Account has considered said matter and would recamm end the passage of the following Order. ORDERED: That the sum of Two Hundred Seventy-Two Dollars ($272.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "City Council Unpaid Salaries 1974" Account in accordance with the recommendation of His Honor the Mayor. Councillor Nowak was recorded as voting present. 310 Appr. Cemetery Dept. Councillor Martineau offered the following report for the Committee on Expenses Finance. It was voted to accept the report and adopt the recommendation. Councillors McCabe and Rochna were recorded as opposed. The Committee on Finance to whom was referred the matter of the appropriatio of Two Thousand Dollars ($2,000.00) from the "Surplus Revenue" Account to the "Cemetery Department - Expenses" Account has considered said matter and would recommend that the appropriation not be granted. SUN DAY Councillor Centorino spoke briefly about "Sun Day", as introduced at an earlier meeting. He stated that students will be wearing Sun Day t-shirts, and conducting educational activities as they relate to Solar Energy. 311 Sale of Land on Front Councillor O'Keefe offered the following report for the Committee on Street to Developer Comuanity Development. It was voted to accept the report. The Committee on Community Development to whom was referred a request by i His Honor the Mayor to authorize conveyance of land on Front St. , approximately 35 Sq. Feet. has considered said matter and would recommend that the City Council vote: 1. That said land in public property in excess in accordance with the opin- ion of the City Engineer attached therto. 2. That the Mayor of Salem is authorized to sell said property. 3. That a minimum price as set by the City Council be one Dollar ($1.00) It was voted to divide the question into three parts. Question 1. Land in excess, voted by a unanimous roll call vote Question 2. Authorize Mayor to sell boted by a unanimous roll call vote Question 2. Minimum price be $1.00 voted by unanimous roll call vote. Adoption of the recommendation was voted by a unanimous roll call vote. 312 Order of Taking Forest Councillor O'Keefe offered the following report for the Committee on Conmuni River Watershed ty Development. It was voted to accept the report and adopt the recommendation by a unanimous roll call vote. M. APRIL 27, 1978 The Committee on Cammnity Development to wham was referred an order of taking for thirty-two privately held parcels of land for the creation of the Forest River Conservation Area has considered said matter and would recommend that said order be adopted with an amendment on page three, first paragraph, after description of Parcel 5 Subparcel 2 so that said paragraph now reads: Said parcel one containing thirty four and 33/100 (34.33) acres more or less, and parcel two containing two and 455/10,000 (2.0455) acres more or less. 313 Councillor O'Keefe offered the following report for the Committee on Community Transfer of Control Conservation Commission DeveloFment. It was voted to accept the report and adopt the recamendation by a Forest River Conservatio unanimous roll call vote. Area The Committee on Community Development to wham was referred an order for trans- fer of control to the Conservation Commission for purposes in accordance with General Laws Chapter 40 Section 8C, has considered said matter and would recommend that such order be adopted. 314 Councillor Martineau offered the following report for the Committee on Finance. Appr. Veterans' Services Salaries It was voted to accept the report and adopt the recommendation. The Committee on Finance to wham was referred the matter of the sum of Seven Hundred Dollars and Seventy - Two Cents ($700.72) from the "Surplus Revenue" Account to the"Veterans' Services - Salaries" Account has considered said matter and would recommend that the appropriation be granted. 315 Councillor Martineau offered the following report for the Committee on Finance. Appr. Veterans' Services Relief and Burial It was voted to accept the report and adopt the reccmmtendation. The Committee on Finance to whom was referred the matter of the Twenty Thousand Dollars ($20,000.00) be appropriated from the "Surplus Revenue" Account to the "Veterans, y Services - Relief and Burial" Account has considered said matter and would recommend that the appropriation be granted. 316 Councillor Martineau offered the following report for the Committee on Finance. Appr. City Hall Annex It was voted to accept the report and adopt the recommendation. Rental The Committee on Finance to whom was referred the matter of the sum of fifty- One thousand eight hundred forty-seven dollars and six cents ($51,847.02) be appropr- iated from the "Surplus Revenue" Account to the "City Hall Annex - Rental" Account has considered said matter and would recommend that the sumo of Ten Thousand Three Hundred Eighty-Seven Dollars and Thirty-Eight Cents be appropriated to pay for the Rental Cost and the City's share of t?ke operating expenses for the month of May. Councillor Nowak was recorded as opposed. 317 Councillor Martineau offered the following report for the Committee on Finance. Appr. Dog Officer Care and Custody It was voted to accept the report and adopt the recommendation. Councillor Grace was recorded as voting "present". APRIL 27, 1978 The Committee on Finance to wham was referred the matter of the sum of Four Thousand Dollars ($4,000.00) be appropriated from the "Surplus Revenue" Account to the "Dog officer - Care and Custody" Account has considered said matter and would recommend that the appropriation be granted. 318 Appr. Public Prop. Councillor Martineau offered the following report for the Committee on , Payroll Finance. It was voted to accept the report and adopt the recommendation. The Committee on Finance to whon was referred the matter of the sum of one Thousand Five Hundred Ten Dollars and Forty - Six ($1,510.46) be appropriated from the "Surplus Revenue" Account to the "Public Property - Administration Payroll" Account has considered said matter and would recamield that the appropriation be granted. 319 Appr. Public Prop. Councillor Martineau offered the following report for the Committee on Depart. Payroll Finance. It was voted to accept the report and adopt the recamiendation. The Ccnrattee on Finance to wham was referred the matter of the appropria- tion of Five Hundred Thirty Dollars and Ninety - One Cents ($530.91) fron the "Surplus Revenue" Account to the "Public Properties - Departmental Building - Payroll" Account has considered said matter and would recommend that the appropriation be granted. 320 Appr. Pumping Station Councillor Martineau offered the following report for the Committee on Salaries Finance. It was voted to accept the report and adopt the recom endation. The Committee on Finance to whom was referred the matter of the sum of Four Thousand Nineteen Dollars and Ninety-Two Cents ($4,219.92) be appropriated from the "Surplus Revenue" Account to the "Pumping Station - Salaries" Account has consid- ered said matter and would recotmend that the appropriation be granted. 321 Invitation Annual An invitation from the Salem Veterans' Council to attend the Annual Service Services Navy Dead by Salem Veterans' for the Navy Dead on May 28, 1978 at the Salem Willows shell was accepted. Council 322 Invitation Manorial An invitation from the Salem Veterans' Council to participate in the Memo- Day Services rial Day Ceremonies sponsored by the V.F.W. was accepted. 323 Petition from North The application of North Shore Tours, Inc. , to operate motor vehicles for Shore Tours vehicles for hire hire throughout the City of Salem was referred to the Committee on Licenses & Permits. 324 Public Guide Appl. The Public Guide License Application of Lucille Benson, 28 Bay View Avenue, ' Lucille Benson Swampscott, was referred to the Committee on Licenses & Permits. 325-326 Renewals The following Renewals were Granted. AUCTIONEER Henry R. Theriault, 47 Butler Street, Salam DRAINLAYER James McLaughlin, Gregory Island Road, So. Hamilton Narcisse Talbot, 3 Laurent Road, Salem i I T APRIL 27, 1978 327-329 The following renewal licenses were referred to the Committee on Licenses & Renewals Permits. JUNK DEALER Universal Steel & Trading Corp. , 297-305 Bridge St. Salm SECOND HAND FURNITURE Salem Used Furniture Shop, 304 Essex Street, Salem POCKET BILLIARD TABLES John D. Galaris, 92 Lafayette Street, Salam (15) 330-336 The following Claims were referred to the Ccimtittee on Ordinances & Legal Claims Affairs. Mrs. Ruth C. Fleming, 47 Buffum Street, Salam Rosemary Fournier, 20 Circle Hill Road, Salam House of Seven Gables, 54 Turner Street, Salam Geraldine Mahoney, 7 Madeline Avenue, Salem Alice M. O'Brien, 32 Mason Street, Salem Joan G. Thompson, 36 West Avenue, Salem Mark C. Woodbury, 12 Timothy Road, Peabody 337-339 The following Sign Bonds were referred to the Cc mittee on Rules & Bonds and Sign Bonds returned approved. Shawmut Merchants Bank, 253 Essex Street Tortilla Flat, 408 Essex Street D & K Seafood, 1343-2 Boston Street (224) The matter of second and final passage of an Ordinance amending Chapter 15, Second Passage S. 51-B Section 51-B and Section 13 Parking Prohibited and Service Zones, Canal Street and Mill & S. 13 Canal & Mill S Street was then taken up. The Ordinance was adopted for second and final passage. (227) The matter of second and final passage of an Ordinance amending Chapter 15, Second Passage S. 51-B Parking Prohib. Section 51-B Parking Prohibited on Derby Street was then taken up. The Ordinance was Derby St. adopted for second and final passage. (229) The matter of second and final passage of an Ordinance amending Chapter 15, Second Passage S. 50 Section 50 Parking Prohibited and Section 74 Tow Zones - Traffic Clearance - was then & 74 Traffic Clearance taken up. The Ordinance was adopted for second and final passage. (231) The matter of second and final passage of an Ordinance amending Chapter 15, Second Passage S. 51 & 51-B Putnam St. Section 51 and 51-B Parking Prohibited Putnam Street, was then taken up. The Ordinance was adopted for second and final passage. (222) The matter of the Order of Warner Cable of Salem for a pole location off Warner Cable Pole Loc. k Almeida Street (Hearing was held Monday, April 24, 1978 at 8:00 P.M.) was then taken I UP- Councillor O'Keefe amended that the pole not to exceed a height of six (6) inches. It was so voted. Order was adopted as amended. Councillors McCabe and Nowak were recorded as opposed. Councillor O'Keefe moved for reconsideration of vote on Pole Location. Reconsideration granted. Councillor O'Keefe moved that the matter be tabled. It was so voted. Councillor Usovicz was recorded as opposed. Councillor Grace moved that the president contact the Marshal that all work being done by Warner Cable cease until such time as they comply with conditions set forth by City Council. It was so voted- C. Cawley appointed Councillors Grace and O'Keefe as cammittee of two to cite 43� APRIL 27, 1978 cite laws to Warner Cable that are being violated. (223) 1 Attachments to existing] The matter of the b�8er of Warner Cable of Salem ro attachments to poles by Warner Cable existing poles throughout the City (hearing was held Monday, April 24, 1978 at 8:00 P.M.) was then taken up. Councillor O'Keefe amended that the granting be contingent upon the following conditions. That Warner Cable supply City Council with a listing of / the owners of said poles and any new construction be in compliance with Ordinances and regulations at said time of construction. Councillor O'Keefe requested unanimous consent to withdraw his motion. It was so voted. Councillor O'Keefe moved that the matter be tabled. It was so voted. Councillor Usovicz was recorded as opposed. Councillor Grace moved that the president contact Marshal that all work being done by Warner Cable cease until such time as they cagily with conditions set forth by City Council. It was so voted. Councillor Cawley appointed Councillors Grace and O'Keefe as a Conmittee of Two to cite laws to Warner Cable that are being violated. On the motion of Councillor McCabe, the meeting adjourned at 11:05 P.M. JOSEPHU E R. FUSCO ATTEST: CITY CLERK I A33 MAY 3, 1978 SPECIAL MEETING A Special Meeting of the City Council was held in the Council Chamber on Wednesday, May 3, 1978 at 7:00 P.M, for the purpose of taking action on the Order of Warner Cable for a pole location on Almeida Street, and Order for Attachments to exis- ting poles throughout the City of Salem, and for the selection of four jurors for the Salem Superior Court May 8, 1978 sitting at Salem. Notice of this meeting was posted on May 1, 1978 at 9:16 A.M. The minutes of the previous meeting were dispenses with. Present were Councillors Centorino, Daly, Lovely, Martineau, O'Keefe, Usovicz and Cawley. Absent were Councillors Grace, McCabe, and Rochna. President Leonard A. Cawley, Jr. presided. The matter of the pole location on Almeida Street was then taken up. Councillor Cawley explained to the members of the City Council that Warner Cable has sumbitted a list of ownership of all poles in the City of Salem. The list was displayed on the a=ed table in the Council Chamber. This list of pole owners was requested by the City Council at the April 24, 1978 meeting. I Councillor Cawley stated that on Friday, April 28, 1978, he and Councillor Grace wrote Marshal Connelly the following letter. (Original copy of letter with Council records #222 and 223 of 1978) . Dear Marshal Connelly: By order of the Salem City Council, please be advised that you are hereby authorized to hold all operations in the City of Salem of Warner Cablevision Company as this company is in violation of Chapter 166, Section 22 of the Massachusetts Gener- al laws, specifically in the Ward Four area. Under Chapter 155, Section 22 of the Massachusetts General Laws, Warner Cable has not adhered to the conditions set forth at a Public Hearing which was held by the City Council Monday, April 24, 1978. This action was taken due to the fact that when the hearing was held, the granting of the pole location on Almeida Street was contingent upon Warner Cable supp- lying the City Council with the foregoing list. This was not done. Councillor Grace informed the Council at the regular meeting of April 27, 1978, that Warner Cable had already started working in her area, which she believed was in violation of Chapter 166, Section 22. Attorney Donald Koleman, 328 Essex Street, representing Warner Cable, spoke. He stated that the list of poles delivered to the City Council consisted of 1h inches Of documents. They are all itemized by pole number, location, and owners, and are complete to the best of their ability. They are in total compliance now. It had been a lack of understanding by Warner Cable. He didn't realize that the Council wanted i the list of pole locations immediately. 434 MAY 3, 1978 He stated that no construction work has been done by Warner Cable since, and Warner Cable will not continue until Ordered to do so by the City Council. Councillor Lovely questioned whether Warner Cable has been using unlicensed vehicles. Mr. Koleman stated that the vehicles were not registered in Massahcusets, thereforE , the Registry informed them of this, and they had to be licensed within 24 hours. This matter was taken care of. Councillor Cawley stated that the City Council had at times hired: outside contrac- tors and this problem has occured before. Councillor O'Keefe briefly questioned Mr. Koleman on the pole location, pole attachments, and the tower. Councillor Cawley ruled Councillor O'Keefe out of order on the matter of the tower, as the tower was not the discussion of the evening. Councillor Centorino stated that we should grant the permit for the erection of a pole not to exceed a height of 6" (inches) . Councillor Martineau moved that the matter be removed from the table. It was so voted. Councillor Martineau moved that a permit be granted for the installation of a 6" (inch) pole. It was so voted. Counciilor Cawley was recorded as opposed. The matter of the Order for Attachments was then taken up. Councillor Martineau moved that permission be granted. Councillor Martineau assumed the Chair for Councillor Cawley. Councillor Cawley stated that this order for attachments to existing poles was held up earlier until a list of owners of the poles was received by the Council. He stated that he is now satisfied that everything is in order. (List of Owners of Poles in "Warner Cable" file) . Councillor Usovicz questioned Councillor Cawley at length on whether this order for attachments had been previously granted. Councillor Cawley stated that Warner Cable has given the information requested, therefore, he is satisfied. Councillor Centorino moved the question. It was so voted. Councillor Usovicz i was recorded as opposed. Councillor Martineau moved that permission be granted. It was so voted. ' Councillors Usovicz and O'Keefe were recorded as opposed. The Council recessed at 7:25 P.M. and reconvened at 7:26 P.M. Councillor Martineau's motion for immediate reconsideration hoping it does not prevail was denied. (1 The meeting adjourned at 7:30 P.M. t MAY 4, 1978 PUBLIC HEARING-CITIZENS ADDRESSING COUNCIL A Public Hearing was held in the Council Chamber on Thursday, May 4, 1978 at 7:00 P.M. for the purpose of hearing citizens who wish to address the Council. Notice of this meeting was posted on April 28, 1978 at 3:30 P.M. and advertised in the Salam Evening News on April 25, and May 2, 1978. Councillor Daly was absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the Previous meeting. It was so voted. Mrs. Wanda Cecelski, 12 Mall Street, stated that the problem was on her street. For the past ten years when it rains, they get flooded. The Mayor has been there and said it would be a costly project, and would have to be done by the engineer. She said that cars splash water on the front porch when it rains. Councillor Usovicz replied that he has discussed the matter with Mrs. Cecelski and he will see where the Mayor and engineer stand on this matter. Alice Jordan, 97 Derby Street, informed the council that they have an eye sore at the end of her street. She suggested that a stronger Ordinance be enacted relative to Junk Yards. She stated that for the past ten years the problem has been getting progressively worse. Councillor Nowak replied that he had planned to call the Salem News to give coverage to the problem, and said that he didn't know what else he could do. He did suggest that maybe Mr. Tinti, City Solicitor could give some help. Mrs. Jordan also talked about snow plowing. She stated that she painted her house two years ago, and it cost her $2,000.00. In the last two years, the plows have been pushing snow into her house. The house is 200 hundred years old, and last year, the plows pushed so much snow against her house, that it ruined her drain pipe. She questioned whether something cannot be done. Councillor Cawley tried to give her some direction to investigate this problem. He said that the problem might be taken care of by the snow clearance program. The first interest is to clear the streets, and the second is snow removal. Councillor Centorino agreed with Mrs. Jordan about the junk yards. He informed her that there was at one time, an Ordinance drafted, but it was referred back to the Solicitor. He said that he plans to bring it up again. Mr. Jahn Whitehead of 8 Derby Street, spoke about the elderly projects. He stated that with four schools closing, there has to be someone on the property at all times inorder to stop vandalism. He stated that he would like to see the Council acquire these schools and have them remodeled for elderly projects. i Councillor Cawley informed Mr. Whitehead that school buildings and grounds cane under the jurisdiction of the school committee, and inorder for the Council to gain control of then, the school committee would have to declare them in excess, and hand them Over to the Council a 436 MAY 4, 1978 Councillor Grace stated that there is an elderly project in the vacinity of the Salem Jail that is run down, but there is no money for repairs. Councillor Rochna stated that she agreed with Mr. Whitehead that there is not enough elderly housing. She said that there is talk of a proposed elderly housing project in the downtown area. s Councillor McCabe spoke and stated that it is ultimately the Housing Authority's decision about elderly projects. Councillor Centorino stated that there is never any problem with the City Council cooperating with the Housing Authority. The main problem is that there are not that many funds available for the area. Councillor O'Keefe stated that there may be some funds available soon on the Federal level. Mr. Otto Person, Memorial Drive, spoke relative to traffic changes in the Salem Willows area. He stated that when frost accidents happen, they are caused by people drinking. He suggested speed bumps in order to slow down traffic. Councillor Grace cannented that the Marshal has been very cooperative with radar. She suggested that Mr. Person contact his legislaturers to have the drinking age raised. Councillor Centorino said that the Planning Department is working on an ordinance relative to the Salem Willows. He also said that he is troubled that there are now fewer police patrols for this troubled spot. Mr. Gilbert, 3 Raymond Avenue, questioned the general revenue fund, and said that if there was not so much Surplus Revenue, the tax rate would not be so high. Councillor Cawley agreed with Mr. Gilbert relative to Surplus Revenue. Councillor Martineau, speaking as Chairman of the Finance Committee, stated that he is concerned about department heads not living within their budgets. He said that we (Finance Carmittee) are not trying to win a popularity contest. We are going to work to solve this problem. Mr. Rod Parker, Memorial Drive, spoke relative to traffic problems and speeding at the Salem Willows. Councillor Nowak stated that he did not want to have a meeting with the resident of this area until sanething had been dome. Councillor Centorino said that they might as well go ahead with the public ' meeting and schedule it. Ms. Grace L'Heureux, Wisteria Street, asked if there is anyway that school administration raises can be stopped. Councillor Cawley informed her that the Council cannot do anything. It is up to the School C=ittee. 437 MAY 4, 1978 Mrs. L'Heureux said that maybe Representatives Ruane and McLaughlin could introduce a bill to lessen the power of the School Camdttee. Mr. Robert Getheran, 43 Turner Street, spoke relative to Tom Mackey's property on White Street. Councillor Cawley stated that this matter had come before the Council earlier that evening. (He proceeded to explaing that there was an Ordinance in ccnmittee relative of Junk Yards) . Mr. Charles March, 26 Orne Street, said that we had had a meeting such as this ii last December, and only three people attended. This turnout is a 300% increase. He said that this type of meeting is a rare opportunity, and should be attended by all people. Mr. Person thanked the City Council for the opportunity to address the Council. On the motion of Councillor McCabe, the meeting adjourned at 9:00 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK MAY 11, 1978 REGULAR MEETING I j A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 11, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 5, 1978 at 2:49 P.M. Councillor Brian T. O'Keefe was absent. President Leonard A. Cawley, Jr. , presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. Councillor Martineau moved that all appointments be held over until the next meeting under the rules. It was so voted. Appt. Stephen Arkin 340 The Mayor's appointment of Mr. Stephen Arkin as a member of the Historic District Historic District Comm. Commission for a term expiring March 1, 1980,, replacing. Mr. Solan Emerson, was held until the next meeting under the rules. 341 Appt. Richard Blanchard The Mayor's appointment of Mr. Richard C. Blanchard, Sr. , as a voluntary Assistant Asst. Harbormaster Harbormaster was held until the next meeting under the rules. 342 Appt. Robert C. Bonin The Mayor's appointment of Mr. Robert C. Bonin as a member of the Board of Health Board of Health for a term expiring on the first Monday in February, 1980, replacing Robert Blenkhorn, was held until the next meeting under the rules. 343 Appt. Joseph F. Collins The Mayor's appointment of Mr. Joseph F. Collins as a member of the Youth Commiss- Youth Commission ion for a term expiring March 1, 1981, replacing Mr. David Carlton, was held until the next meeting under the rules. 344 Appt, Michael E. Geary The Mayor's appointment of Mr. Michael E. Geary as a member of the Youth Catmiss- Youth Commission ion for a term expiring March 1, 1981, replacing Joaquin Jimenez, was held until the next meeting under the rules. 345 Appt. Douglas Hopper The Mayor's appointment of Mr. Douglas Hopper as a member of the Board of Appeal Board of Appeals for a term expiring May 1, 1981, replacing Mr. William Abbott, was held until the next meeting under the rules. 346 Appt. Richard Savoy The Mayor's appointment of Attorney Richard E. Savoy as a member of the Licensing Licensing Board Board for a term expiring June, 1983, replacing John Nutting, was held until the next meeting under the rules. 347 Reappt. Paul D'Amour The Mayor's reappointment of Mr. Paul D'Amour as a member of the Planning Board Planning Board for a term expiring May 1, 1983, was confirmed by a unanimous roll call vote of 10 yeas, 0 nays, 1 absent. Councillor O'Keefe was absent. Reappt. Emile J. DeVoe Bd. of Registrars The Mayor's reappointment of Mr. Emile J. DeVoe as a member of the Board of Registrars of Voters for a term expiring April 1, 1981, was confirmed by a unanimous roll call vote of 10 yeas, 0 nays, 1 absent. 4.3`.9 MAY 11, 1978 The Mayor's reappointment of Mr. Stunner Low Ra ) ymond as a member of the Board of Reappt. Simmer Raymond Trust Fund Commissioners for a term expiring April 1, 1990, was confirmed by a unanimousBd. Trust Fund Commui.ss. roll call vote of 10 yeas, 0 nays, 1 absent. The Mayor's reappointment of Mr. James H. Bennett, Jr. , as a member of the Water- Reappt. James H. Bennett ways Advisory Board, for a term expiring May 1, 1981, was confirmed by a unanimous roll Waterways Advisory Bd. call vote of 10 yeas, 0 nays, 1 present. The Mayor's reappointment of Mr. William D. Jeffrey as a member of the Waterways Advisory Board for a term expiring May 1, 1981, was confirmed by a unanimous roll call vote of 10 yeas, 0 nays, 1 absent. 348 The following Order, recommended by the Mayor, was referred to the Committee on Appr. City Hall Annex Finance. Rental ORDERED: That the sum of Thirty Four Thousand Five Hundred and Twenty Four Dollars and Forty-Three Cents ($34,524.43) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "City Hall Annex Rental" Account in accordance with the recommendation of His Honor the Mayor. 349 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Off Street Park. Finance. Commission Bills ORDERED: That the sten of Eleven Thousand One Hundred Twenty-one Dollars ($11,121.0 ) be and the same is hereby appropriated from the "Off Street Parking Receipts" Account to the "Off Street Parking Commission-Bills" Account in accordance with the recommend- ation of His Honor the Mayor. 350 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Highways Bills Finance. ORDERED: That the sum of Six Thousand Five Hundred Twenty-Eight Dollars and Seventy-Five Cents ($6,528.75) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Highways - Bills" Account in accordance with the recomrendatioll of His Honor the Mayor. 351 The following Order, recommended by the Mayor, was adopted. Trans. Health Salaries ORDERED: That the sum of Eleven Thousand Two Hundred Thirty-Six Dollars and Thirty-Eight Cents ($11,236.38) be and the same is hereby transferred from the "Health Division of Environmental - Salaries" Account as follows: 1. The sun of Eight Thousand Seven Hundred Eighty-Two Dollars ($8,782.00) to the "Health Division of Administration-Salaries" Account 2. The stun of Two Thousand Four Hundred Fifty-Four Dollars and Thirty-Eight Cents ($2,454.38) to the "Health Division of Community Health Salaries" Account in accordance with the recommmendation of His Honor the Mayor. 440 MAY 11, 1978 352 Trans. Solid Waste The following Order, recommended by the Mayor, was adopted., Salaries ORDERED: That the sum of Two Thousand Five Hundred Sixty-Twp Dollars and Forty- Six Cents ($2,562,46) be and the same is hereby transferred from the "Solid Waste-Bills' Account to the "Solid Waste - Salaries" Account in accordance with the recommendation of His Honor the Mayor. 353 Trans. Cemetery Bills The following Order was recammanded by the Mayor. ORDERED: That ,the sum of one Thousand Five Hundred Dollars ($1,500.00) be and the same is hereby transferred from the "Cemetery-Payroll" Account to the "Cemetery Bills" Account in accordance with the recommendation of His Honor the Mayor. Councillor Martineau moved that the matter be tabled. The motion was defeated by a roll call vote of 4 yeas, 6 nays, 1 absent. Councillors Centorino, Lovely, Martineau, and Nowak were recorded as voting in the affirmative. Councillors Daly, Grace, McCabe, Rochna, Usovicz, and Cawley were recorded as voting in the negative. Councillo O'Keefe was absent. Councillor McCabe moved that the matter be tabled until just prior ' to the drawing of Jurors. It was so voted. 354 Trans. Workmen's Camp. The following order, recommended by the Mayor, was adopted. Payroll ORDERED: That the mIIR of One Thousand One Hundred Twenty-Three Dollars and Thirty- Eight Cents ($1,123.38) be and the same is hereby transferred from the "Parks-Laborers Payroll" Account to the "Workmen's Compensation Payroll" Account in accordance with the recommendation of His Honor the Mayor. 355 ordinance amending The following Ordinance, recommended by the Mayor, was referred to the Committee Sewer Use charges on Ordinances & Legal Affairs. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance in the Salem Code of Ordinances relative to Sewers, Drains, and Sewage Disposal, Chapter 23. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 23 of the Code of Ordinances is hereby amended as follows: Sec. 23-77 Delete second paragraph in its entirety and substitute: All bills for sewer use charges must be paid on or before the fifteenth day of the month in which they are rendered in order to qualify for the ten (10) percent discount of the water bill ( � as provided for in Sec. 32-31, schedule. Section 2. This Ordinance shall take effect as provided by City Charter. 356 Mayor req. Council A communication was received from the Mayor requesting the City Council accept accept. Chapt. 586 unpaid sewer use charge Chapter 586 of the Acts of 1977, making certain unpaid annual sewer charges a tax tax lien. lien. Councillor McCabe moved to waive the reading of the Comunication. It was so voted. Councillor McCabe moved that the Act be referred to the Committee on Ordinance and Legal Affairs. It was so voted. MAY 11, 1978 357 The Mayor's appointment of William D. Jeffrey as Constable for a term beginning Constable May 15, 1978, was received and filed. 358 The Mayor's reappointment of Mr. David C. Sawyer, One Clinton Avenue, Danvers, Constables and Terrance J. Bryce, 12 Pope Street, Salem as Constables for a term beginning May 15, 1978 was received and filed. 359 Councillor Grace, in conjunction with Councillor Cawley, introduced the following First Passage Ordinance Advertise position of Ordinance. Councillor Martineau moved that it be referred to the Committee on Ordinan- Personnel Director ces and Legal Affairs. Motion was defeated by a roll call vote of 2 yeas, 8 nays, 1 absent. Councillors Martineau and McCabe were recorded as voting in the affirmative. Councillors Centorino, Daly, Grace, Lovely, Nowak, Rochna, Usovicz, and Cawley were recorded as voting in the negative. Councillor O'Keefe was absent. Councillor Martineau's motion to table the matter was defeated. The Ordinance was adopted for first passage. Councillors Martineau and McCabe were recorded as opposed. In the year one thousand nine hundred and Seventy-eight An Ordinance amending an Ordinance enacted by the City Council on July 14, 1977 concerning the establishment of a Personnel Department and the duties of the Personnel Director. Be it ordained by the City Council of the City of Salem as follows: Section 1. Said Ordinance is hereby amended by deleting Section 4 and inserting in place thereof the following: Section 4. "The position of Personnel Director shall be filled in the following manner. The Mayor shall advertise the position, salary and duties of the Personnel Director, and solicit applications in a daily newspaper of general circulation within the City of Salem and any other appropriate place. Application shall be closed twenty- one (21) days after the date of said advertisement. The applications shall be screened by a ccnudttee comprised as follows: 1 City Councillor 1 designee of the Mayor 1 designee of the J. Robert Shaughnessy Hospital Board of Trustees 1 designee of the Personnel Board 1 designee of the Chamber of Commerce A majority of said conndttee shall within fourteen (14) days nominate no less than three (3) individuals suitable for appointment. The Mayor shall then select a candidate from among the nominees of said caanittee and present his choice to the City Council for confirmation no later than fourteen (14) days after receipt of said nomination. Section 5. This Ordinance shall take effect as provided by City Charter. MAY 11, 1978 360 First passage ordinance Councillor Grace, in conjunction with Councillor Cawley introduced the following Council appt. Personnel Director should Mayor ordinance which was adopted for first passage. Councillors Martineau, McCabe, and Not do so Usovicz were recorded as opposed. In the year one thousand nine hundred and Seventy-Eight An Ordinance amending an Ordinance enacted by the City Council on July 14, 1977 r concerning the establishment of a Personnel Department and the duties of the Personnel Director. Be it ordained by the City Council of the City of Salm, as follows: Section 1. Said Ordinance is amended by deleting Section 5 and inserting in place thereof the following: Section 1. Should the Mayor not appoint a Personnel Director within fourteen (14) days of receipt of the nominees of the aforementioned Committee, the City Council by a 2/3 majority vote shall appoint the Personnel Director from among the nominees of said committee. Section 2. This Ordinance shall take effect as provided by City Charter. 361 Depts. cease paying Phon Councillor Lovely introduced the following Order, Councillor Centorino moved bills from dept. expense that it be referred to the Committee on Finance. Motion was defeated by a roll call vote of 4 yeas, 6 nays, 1 absent. Councillors Centorino, Daly, McCabe, and Nowak were recorded as voting in the affirmative. Councillors Grace, Lovely, Martineau, Rochna, Usovicz, and Cawley were recorded as voting in the negative. Councillor Martineau moved the question. It was so voted. The Order was adopted. ORDERED: That all City Department Heads cease payment of their hone telephone bills with funds from departmental expenses. 362 Granting certain license Councillor Grace offered the following report for the Conmittee on Licenses & Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits, to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following licenses be granted. RENENTAIS JUNK DEALER Universal Steel & Trading Corp. 297-305 Bridge Street SECOND HAND FURNITURE Salem Used Furniture Shop, 304 Essex Street POCKET BILLIARDS TABLE John D. Galaris, 92 Lafayette Street NEW LICENSES PUBLIC GUIDE Lucille Benson, 28 Bay view Avenue, Swampscott (363) 363 Counsel to City Council Councillor Usovicz offered the following report for the Committee on Personnel Ordinance est. position and Salaries. It was voted to accept the report. Councillor McCabe moved that the matter be laid on the table and that a copy of the amendments be sent to all Councillor . It was so voted. Councillor Martineau was recorded as opposed. 443 MAY 11, 1978 The Cocmittee on Personnel & Salaries to whom was referred the matter of the amendment of Section 2-184 (Counsel to the City Council) of the Code of Ordinances i of the City of Salem, an Ordinance amending an ordinance relative to administration, has considered said matter and would recommend the passage of the following Ordinance. CO3di Councillor McCabe moved that the Ordinance be laid on the table. It was so Ordinance Counsel to voted. Councillor Martineau was recorded as opposed. City Council In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Administration Be it ordained by the City Council of the City of Salem as follows: Section 1. Section 2-184 is hereby amended by deleting the section and inserting in place thereof the following: (a) The position of Counsel to the City Council is hereby created in the City of Sal The Counsel to the City Council shall maintain a law office in the City of Salon and shall be an attorney and counsellor in the courts of the Commonwealth. The Counsel to the City Council shall inform the City Council on questions of the law relating to actions or intended actions of the City Council The Counsel to the City Council shall review all proposed Ordinances and shall submit any recommendations prior to second passage. The Counsel to the City Council shall, ypon 48 hours notice, attend and advise any meeting of the City Council or its standing or ad hoc committees is requested by a majority vote of said council or committee. The Counsel to the City Council shall advise the Council standing Committee on Ordinances and Legal Affairs on all matters relative to claims filed against the City and shall maintain an accurate listing of said claims and their status. The Counsel to the City Council shall inform the Council of any and all acts of I i permissive legislation passed by the General Court of the Commonwealth of Massach- usetts. The Counsel to the City Council shall perform, in a timely manner any and all duties which the City Council, by a majority vote, may from time to time direct. Except as herein provided and where there is no conflict with the duties set down herein, and where there is no conflict between the executive and legislative branches of the city government, the Counsel to the City Council shall be consid- 444 MAY 11, 1978 - , the ered a member of the City of Salem's legal depart�nent, so calledand shall assist City Solicitor in pursuance of the City Solicitor's duties whenever possible. (b) The Counsel to the City Council shall be naninated by a majority vote of a special comittee, to be composed of the President of the City Council, the Chairman of the Standing Committee on Ordinances and Legal Affairs, and the City Solicitor. Said nomination to occur prior to the second regularly scheduled meeting in July of each year. The nominee designated by the aforementioned special committee shall be confirmed by a majority roll call vote of the City Council. The Counsel to the City Council shall serve for a term of one year, from the date of appointment or until a. successor is qualified. The Counsel to the City Council shall be subject to removal prior to the expirati of the term be a 2/3 vote of the City Council after notice and a hearing. bi (c) The Counsel to the City Council shall be classified under Job Group VII with the weekly and annual schedules of compensation relating thereto. (d) This Ordinance shall take effect on July 1, 1978. (363)364 Ord. Counsel to Council Councillor Usovicz offered the following report for the Committee on Ordinances and Legal Affairs. It was voted to accept the report. Adoption of the recommendation was tabled. Councillor Martineau was recorded as opposed. The cO mittee on Ordinances and Legal Affairs to wham was referred the matter of the amendlent of Section 2-184 of the Code of Ordinances of the City of Salem, an i Ordinance amending an Ordinance relative to administration, has considered said matter and would recommend passage of the Ordinance as amended by the Committee on Personnel & Salaries. f (281)365 Appr. Workmen's Canp. Councillor Martineau offered the following report for the Committee on Finance. Payroll It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the appropriation of $25,695.40 from the "Surplus Revenue" Account to the "Workmen's Compensation - Payroll" Account has considered said matter and would recommend that the appropriation be granted. (279)366 illor Martineau offered the following report for the Committee on Finance. Appr. City Engineer Counc Water Study Account It was voted to accept the report and adopt the recoanemdation. Councillors Nowak, COU Ord Usovicz, and Grace were recorded as opposed. The Catmittee on Finance to whom was referred the appropriation of up to $60,000.0 from the "Sale of City owned Property" Account to the "City Engineer Water Study" Acco t has considered said matter and would recommend that the appropriation be granted. 445 MAY 11, 1978 7TOhue lor Martineau offered the following report for the Committee on Finance. 367 (283) Appr. Water Laborers o accept the report and adopt the recommendation. Payroll mittee on Finance to wham was referred the appropriation of $16,000.00 from the "Surplus Revenue" Account to the "Water Laborers' - Payroll" Account has Iconsidered said matter and would reccs[mend that the appropriation be granted. C ► 368 (285) Councillor Martineau offered the following report for the Committee on Finance. Appr. Personnel Payroll It was voted to accept the report and adopt the recommendation. Councillor Grace was recorded as opposed. The Ccm dttee on Finance to wham was referred the appropriation of $4,256.85 from the "Surplus Revenue" Account to the "Personnel Department Payroll" Account has considered said matter and would recommend that the appropriation be granted. 369 (286) Councillor Martineau offered the following report for the Committee on Finance. Appr. Pumping Station Payroll It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the appropriation of $4,000.00 from the "Surplus Revenue" Account to the "Pumping Station - Payroll" Account has considered said matter and would recommend that the appropriation be granted. 370 An Opinion was received from the City Solicitor relative to the validity of Opinion RE: members of Licensing Board actions of members of the Licensing Board when said member ceases to be a resident of the City. On the motion of Councillor Martineau, the Opinion was received and filed. 371-372 The vandalism reports for certain departments, Cemetery Department and Public Vandalism report Property, were received and filed. 373 The application of the Disabled American Veterans, Chapter 84, for a Forget-Me- Forget-me-not drive Disabled American Vets. Not Drive in the City of Salem on June 29 and 30, 1978, was granted. 374-377 The following list of certain New applications and renewals were referred to the Certain Applications and Renewals Committee on Licenses & Permits. NEW APPLICATIONS TAXI OPERATOR Amy L. Leck, 87 Puritan Road, Marblehead Richard A. Swan, 412 Essex Street, Salem SECOND HAND DEALER Anna L. Wilensky, 21 Homestead Road, Marblehead REMEMIS JUNK DEALER Beaver Enterprise, Inc., d/b/a Naumkeag Salvage, R50 Broadwa Talkowsky, Isaac & Son, 18-24 Phillips Street Hutchinson, Frederick W. 15 Robinson Road CARD READING Laurie Cabot, 14 Daniels Street BOWLING ALLEY Thomas H. Letarte, Candlepin Lanes 18 Broadway (24 Alleys) WAGON - AUTO TRUCK Talkowsky, Isaac & Son, 18-24 Phillips Street 446 MAY 11, 1978 Auctioneer Renewal 378 The Auctioneer renewal license of Algis Utengis, 110 Federal Street, Salem, was Algis Utengis granted. 379-385 Claims The following Claims were referred to the Committee on Ordinances & Legal Affairs. Edward J. Bernier, 18 St. Paul St. , Salem �}''\, John Lojko, 38 Northend Avenue, Salem l Wallace Miller, 7 Pyburn Avenue, Salem Lester J. Newth, Jr. , 16 Surrey Road, Salm Frank Scourtas, 53 Mason Street, Soler Mary Slejzer, 23 Symonds Sbreet, Salem Charles Smaller, 51 Stu[mit Avenue, Salem Public Guide 386-387 Two applications for public guide licenses were received after the deadline of Charles Rando Francis Rando Tuesday Noon. Councillor McCabe moved for suspension of the rules to take up the matter of the Public Guide Applications of Charles Rando and Francis Rando. There were no objections. , The Public Guide Applications of Charles Rando and Francis Rsndo, 17 Folly Hill b Road, Danvers, were granted. Appt. Thomas Hogan (278) The matter of the Mayor's appointment of Mr. Thomas S. Hogan as Personnel Director Personnel Director for a term expiring January 31, 1979, was then taken up. On the motion of Councillor Grace, it was voted to refer the appointment back to the Mayor. Councillors McCabe and Martineau were recorded as opposed. (298) Second Passage Ordinance The matter of second and final passage of an Ordinance to amend an Ordinance Sec. 13 Service Zone Congress Street relative to Traffic Section 13, Service Zones, Congress Street, was then taken up. The Ordinance was adopted for second and final passage. (299) Second Passage Ordinance The matter of second and final passage of an Oxdinance to amend an Ordinance Sec. 13 Service Zone Front Street relative to Traffic Section 13, Service Zones, Front Street, was then taken up. I The Ordinance was adopted for second and final passage. (353 Trans. Cemetery Bills Councillor Grace moved to take from the table the matter of a Transfer of $1,500.00 from Cemetery Payroll Account to Cemetery Bills Account. It was so voted. The transfer was adopted. Councillor Nowak served notice of reconsideration at the next regular meeting. Jurors At Lawrence Councillor Usovicz was appointed to draw three jurors for the Salem Superior Court June 5, 1978 sitting at Lawrence. Marc J. Savoie, 214 Jefferson Avenue, Maintenance Mechanic O Michael R. Laitinen, 66 Essex Street, Grinder Susan Eskenazi, 61 Rainbow Terrace, Private Secretary 4,}7 MAY 11, 1978 Councillor Grace was appointed to draw ten (10) jurors for the Salam Superior Jurors Court June 5, 1978 sitting at Salam. at Salam John N. Lariviere, 2 Cloverdale Avenue, Supervisor John A. Castonguay, 3 Cross Street Court, At Hone N. Paul Lemp, 21 Lemon Street, Salesman Joan D. Rogers, 6 Barton Street, Baser Alfred H. Bedard Jr. 14 Adams Street, Painter V. Wayne Evans, 43 Boston Street, Lab. Technician Raymond P. Gauthier, 24 Chandler Road, Supervisor Gerald Feldman, 3 Marion Road, Account Executive Julia T. Baughn, 166 North Street, Housewife John M. Ingemi, 381 Highland Avenue, (),•mer/manager On the Motion of Councillor McCabe, the meeting adjourned at 9:30 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 41S MAY 25, 1978 REGULAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 25, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 19, 1978 at 3:27 P.M. There was no one absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous ) meeting. It was so voted. Councillor Lovely requested and received unanimous consent to refer to "Unfinished Business" in order to take up the matters of the Mayor's appointments. (340) Appt. Stephen Arkin The Mayor's appointment of Mr. Stephen Arkin as a member of the Historic District Historic District Comm. Commission for a term expiring March 1, 1980, replacing Mr. John Emerson who has resigned, was then taken up. The appointment was confirmed by a unanimous roll call vote. (341) Appt. Richard Blanchard The Mayor's appointment of Mr. Richard Blanchard, Sr. as a voluntary Assistant Assistant Harbormaster Harbormaster was then taken up. The appointment was confirmed by a unanimous roll call vote. (342) Appt. Robert C. Bonin The Mayor's appointment of Mr. Robert C. Bonin as a member of the Board of Health Board of Health for a term expiring on the first Monday in February, 1980, replacing Mr. Robert Blenk- horn who has resigned, was then taken up. The appointment was confirmed by a unanimous roll call vote. (343) Appt. Joseph F. Collins The Mayor's appointment of Mr. Joseph F. Collins as a member of the Youth Conmiss- Youth Commission ion for a term expiring March 1, 1981, replacing Mr. David Carlton, was then taken up. The appointment was confirmed by a unanimous roll call vote. (344) Appt. Michael E. Geary The Mayor's appointment of Mr. Michael E. Geary as a member of the Youth Co[miss- Youth Commission e ion for a term expiring March 1, 1981, replacing Mr. Joaquin Jimenez, was then taken up. The appointment was confirmed by a unanimous roll call vote. (345) Appt. Douglas Hopper The Mayor's appointment of Mr. Douglas Hopper as a member of the Board of Appeal Board of Appeal for a term expiring May 1, 1981, replacing Mr. William Abbott, was then taken up. The appointment was confirmed by a unanimous roll call vote. Councillor Grace moved that the City Clerk send a letter of thanks to Mr. William Abbott for his years of service as a member of the Board of Appeal. Councillor Cawley amended that letters of thanks be sent to all those not being reappointed. It was so voted as amended. (346) Richard Savoy The Mayor's appointment of Attorney Richard E. Savoy as a member of the Licensing icensing Board Board for a term expiring June, 1983, replacing Mr. John Nutting who has resigned, was then taken W. The appointment was confirmed by a unanimous roll call vote. I 449 MAY 25, 1978 The City Council held a Public Hearing on Thursday, May 25, 1978 at 8:00 P.M. Public Hearing for the purpose of allowing any interested citizens an opportunity to provide written Revenue Sharing or oral comment regarding the City Council's proposed use of Revenue Sharing Allotments in conjunction with the City of Salem's Fiscal 1979 Budget. Notice of this hearing was posted on May 19, 1978, and advertised in the Salam Evening News on May 15, 1978. Appearing in favor was Councillor Martineau. There was no one opposed. Councillor Nowak moved that the hearing be closed. It was so voted. 388 The following Order, recommended by the Mayor, was adopted. Appr. Pumping Station ORDERED: That the sum of Seventy-Five Thousand Dollars ($75,000.00) be and the Bills same is hereby appropriated from the "Surplus Revenue" Account to the "Pumping Station Bills" Account in accordance with the recommendation of His Honor the Mayor. 389 The following Order, recommended by the Mayor, was adopted. Appr. Pioneer Village ORDERED: That the sum of Fourteen Thousand Five Hundred Dollars ($14,500.00) be Salaries & Bills and the same is hereby appropriated from the "Pioneer Village Receipts Fund" Account to the following: 1. The sum of Seven Thousand Five Hundred Dollars ($7,500.00) to the "Pioneer Village - Salaries" Account. 2. The sum of Seven Thousand Dollars ($7,000.00) to the "Pioneer Village - Bills' Account. In accordance with the recommendation of His Honor the Mayor. 390 The following Order, recommended by the Mayor, was adopted. Appr. Offstreet Parking ORDERED: That the sum of Six Thousand Dollars ($6,000.00) be and the same is Fund hereby appropriated from the "Offstreet Parking Fund" Account to the "Offstreet Parking Commission - Salaries" Account in accordance with the recommendation of His Honor the Mayor. 391 The following Order, recomnended by the Mayor, was adopted. Appr. Council on Aging Bills ORDERED: That the sun of Three Thousand One Hundred Forty Dollars ($3,140.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Council on Aging - Bills" Account in accordance with the recommendation of His Honor the Mayor. 392 The following Order was recommended by the Mayor. President Cawley ruled that Appr. Division of Cacm- unity Health Expense the matter was out of order because this amount was cut from the budget and therefor, not properly before the Council. Councillor Lovely challenged the ruling of the chair. The Ruling of the Chair was upheld by a roll call vote of 5 yeas, 6 nays, 0 abs. Councillors Centorino, Grace, Lovely, McCabe, and O'Keefe were recorded as voting in the affirmative. Councillors Daly, Martineau, Nowak, Rochna, Usovicz, and Cawley were recorded as voting in the negative. A50 MAY 25, 1978 ORDERED: That the sum of Three Thousand Dollars ($3,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Division of Conmunity Health-Expenses" Account in accordance with the recomnendation of His Honor the Mayor. 393 Appr. Central Motors The following Order, reca[mended by the Mayor, was adopted. New Equipment ORDERED: That the sum of Fifteen Hundred Dollars ($1,500.00) be and the same is hereby appropriated frau the "Surplus Revenue" Account to the "Central Motors - New /I Equipment" Account in accordance with the recommendation of His Honor the Mayor. 394 Appr. Offstreet Parking The following Order, recamrended by the Mayor, was adopted. Cannission Bills ORDERED: That the stun of Five Hundred Dollars ($500.00) be and the same is hereby appropriated fran the "Offstreet Parking Fund" Account to the "Offstreet Parking Carmis ion - Bills" Account in accordance with the reconmendation of His Honor the Mayor. 395 Appr. Personnel Bills The following Order, recommended by the Mayor, was adopted. ORDERED: That the soon of Four Hundred ($400.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Personnel - Bills" Account in accordance with the recommendation of His Honor the Mayor. 396 Appr. Harbormaster The following Order, reconuended by the Mayor, was adopted. Payroll ORDERED: That the stun of Two Hundred Dollars ($200.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Harbormaster - Payroll" Account in accordance with the recarmeudation of His Honor the Mayor. 397 Trans. Police Payroll The following Order, recarmended by the Mayor, was adopted by a unanimous roll call vote. ORDERED: That the sum of Ten Thousand Eight Hundred Sixty-Nine Dollars and Sixty-Nine Cents ($10,869.69) be and the same is hereby transferred from the "Offstreet Parking Caranission - Payroll" Account to the "Police - Payroll" Account in accordance with the recommendation of His Honor the Mayor. 398 Trans. Workmen's Comp. The following Order, recaanended by the Mayor, was adopted by a unanimous roll Payroll call vote. ORDERED: That the sum of Two Hundred Thirty Dollars and Seventy-One Cents ($230.71) be and the same is transferred from the "Public Property-Departmental Payroll' Account to the "Workmen's Ccapensation - Payroll" Account in accordance with the recarmendation of His Honor the Mayor. 399 Authorize Treasurer The following Order was recommended by the Mayor. It was adopted by a unanimous to borrow funds for fiscal 1979 roll call vote. ORDERED: That the City Treasurer with the approval of the Mayor, is authorized pursuant to General laws, Chapter 44, Section 4, as amended, to borrow from time to tine during the fiscal year beginning July 1, 1978 an amount not exceeding the limit set forth in said Section and Acts in amendment thereof and in addition thereto, to 451 MAY 25, 1978 to issue notes of the city therefore payable in not more than one year from their dates and to refund those issued for a shorter period by the issue of new notes payable in not more than one year from the date of the original loan being refunded. Said notes shall not be obligatory unless certified thereon as to genuineness by the Shawmut Bank of Boston, N.A. r 400 The following Ordinance was received from the Mayor. Councillor Martineau Ordinance amending Boats moved to dispense with the reading. It was so voted. Councillor Nowak moved that and Waterways the Ordinance be adopted for first passage and referred to the Committee on Ordinances and Legal Affairs. Councillor Martineau amended that a Public Hearing be held. It was so voted. The Ordinance was adopted as amended for first passage. Councillor Usovicz was recorded as opposed. In the year one thousand nine hundred and seventy-eight. An Ordinance to amend an Ordinance relating to boats and waterways. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 6 of the Code of Ordinances of the City of Salem is hereby amended by adding after Section 6-30, the following: Chapter 6, Section 31, Float Permits: No float may be moored in Salem Harbor without a float permit. A float permit shall be issued on a yearly basis and the location, size, and holding equipment shall be under the inspection and control of the Harbormaster. Chapter 6, Section 32, Port Service Fee: A port service fee will be imposed on the owners of Commercial Vessels used in the transportation of bulk petroleum products. The fee will be paid by the vessel's owner, or directly through his authorized agent to the City of Salem. Any vessel entering the Port of Salem, whether at anchor or at a berth for the purpose of trans- fering bulk petroleum products in excess of 5,000 barrels shall pay a fee of $.08 per 100 barrels of cargo product on board at the time of arrival in Port of Salem. (ship bunkers and other fuels on board not officially manifested as cargo, shall be exempted from this amount) . The cargo figure will be inclusive of all manifest cargo on board at the time of arrival in Salem waters regardless of the final destination of the cargo. ® Cargo carried by vessels of less than 12,000 barrels capacity when transferring their cargo to be used as Bunker Fuel on board other ocean going vessels shall be exempt from the port fee. Chapter 6, Section 33, Permit to Anchor or Noor a Vessel: No Master, or person, acting as master, owner, custodian or any other person shall moor or anchor any vessel within the limits of Salem Harbor without first obtaining from MIS the Harbormaster a permit to anchor or moor said vessel. 452 MAY 25, 1978 Chapter 6, Section 34, Mooring Permit: An applicant requesting a mooring permit shall file an application, therefore, with the Harbormaster, said application shall contain such information as the Harbormast r I Imay require to determine the adequacy of the mooring and gear to be used by the applicant. Upon receipt of the application, the Harbormaster may also require an inspection of said mooring and gear. The Harbormaster shall issue to the applicant a mooring permit desig- X111 nating the mooring location, if, in the opinion of the Harbormaster, said mooring and gear to be used is adequate to secure the boat described and there is space available without endangering other boats. The holder of a mooring permit shall cause his mooring identification number to be painted or attached to the float of his or her mooring. Chapter 6, Section 35, Fee for Mooring Permit: The mooring fee shall be a minimum of $10.00 up to 20 feet plus $.50 per foot for each additional foot of length measured from the stem in a straight line aft to the stern. Boons, boankins, or pulpits are exempt from this measurement. Fees shall be paid to the City of Salam. A nooring permit must be applied for and obtained annually. Failure to apply between January 1st and April 15th will result in the loss of mooring space. No mooring permit shall be transferable and no person shall cause any boat to be attached to any mooring unless said boat is described in the aforesaid application, provided, however, the Harbormaster may permit the temporary use of a mooring by another boat upon application by the holder of the permit. Chapter 6, Section 36, Winter Mooring Buoy: Winter mooring buoy spars shall be upright at all times. They shall carry the same permit number issued. The winter spars shall be removed the first day of June and shall not be set until on or after the first day of October of each calendar year. Chapter 6, Section 37, Buoys Visibility All spars, can, balls, or styrene or equivalent chain flotation buoys shall be visible at any tide level. Chapter 6, Section 38, Mooring Examination: It will be the duty of the Harbormaster or his assigned assistants to periodical) inspect all pennants and moorings. If found defective shall notify in writing the perso to whom the mooring permit was issued. If the person does not correct the defective ®}l� condition within a reasonable time, the Harbormaster may revoke the permit. Chapter 6, Section 39, Periodic Mooring Inspection: The Harbormaster shall order the owners of moorings to have said mooring lifted at the owner's expense once every five (5) years for visual inspection by the Harbor- master. In lieu of lifting moorings, replacements may be made or the Harbormaster may, in his discretion, at the owner's expense, make an underwater visual inspection by an independent diver who shall report the condition of the said mooring to the Harbormastex in writing. h MAY 25, 1978 Chapter 6, Section 40, Mooring Infonlation: The Harbormaster shall keep a detailed description of all moorings, their locati , and the owner's name, telephone number, hone and business address, date mooring was set, name, length, type boat and registration number. 2m Chapter 6, Section 41, Penalties: ((� Whoever violates any of the provisions of the ten preceding sections or refuses or neglects to obey the lawful orders of a Harbormaster, or resists him in the execu- tion of his duties, shall be punished by a fine of not more than fifty dollars, and shall be liable in tort to any person suffering damage thereby. SECTION II. This Ordinance shall take effect as provided in City Charter. 401 The following Order was received from the Mayor. Councillor Nowak moved to Island, Rocks, and Shoa Areas under control of waive the reading of the Order. It was so voted. Councillor Nowak moved that the Conservation Co mission matter be referred to the Committee on Natural Resources. Councillor Daly amended that the matter be reported out of committee for the next regular meeting. It was so voted. The Order was referred as amended. ORDERED: An Order relative to certain Islands, rocks and Shoal areas to be placed under the jurisdiction and control of the Conservation Commission of the City of Salem. BE IT ORDERED: That the following Islands, Rocks and Shoal areas located with- in the boundaries of the City of Salem hereby are placed under the jurisdiction and control of the Conservation Coumission of the City of Salem in accordance with the provisions of Massachusetts General Laws Chapter 40, Section 8C: North and South Gooseberry Coney Lodge Pope Head Brimbles Satan Rock Ton Moore Rock Great Haste Chubb Island Halfway Rock Black Rock Marblehead Rock Great Aquavitae Eagle Island Little Aquavitae Jeggle Island Monument Bar Gray's Rock Hardy Rock (Off Baker's Island) Coney Island Dry Breakers 402 A communication was received from the Mayor after the deadline of Tuesday Noon Appr. Kernwood Park Development relative to an appropriation of $8,963.23 from "Surplus Revenue" to "Kernwvod Park Development". Councillor McCabe moved suspension of the rules in order to take up the matter. There were no objections. The matter was before the Council. Councillor McCabe moved for suspension of the rules. There were no objections. The following appropriation was granted. 454 MAY 25, 1978 ORDERED: That the sine of Eight Thousand Nine Hundred Sixty-Three Dollars and Twenty-Three ($8,963.23) be and the same is hereby appropriated from the "Surplus Revenue" Account to the ,Kernwooa Park - Development" Account in accordance with the recommendation of His Honor the Mayor. Councillor McCabe's motion for immediate reconsideration hoping it would not prevail was denied. 40 First Passage Ordinance Councillor Nowak introduced the following Ordinance which was adopted for first Sidewalk and Yardsales passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance in the Salem Code of Ordinances relative to Sidewalks & Yard Sales Be it ordained by the City Council of the City of Salm, as follows: Section 1. Chapter 14, Article IV, Section 14-52 of the Revised Ordinances of the City of Salem is hereby amended by adding the following words to the first sentence. "at least three (3) days prior to the day of the sale". so that said sentence shall read as follows: Sec. 14-52. Application. Application for license to vend, sell, dispose or display merchandise, goods, wares, produce or vegetables shall be made in writing to the City Clerk at least three (3) days prior to the day of the Sale. Section 2. Chapter 14, Article IV, Section 14-53 of the Revised Ordinances of the City of Salem is hereby amended by deleting everything after the word "twice" in the last sentence, and inserting in place thereof the following. "in a calendar year". so that said sentence shall read as follows: Sec. 14-53. License Fee; term of license. No license shall be granted at the same premises more than twice in a calendar year. Section 3. This Ordinance shall take effect as provided by City Charter. 404 President set up Councillor Martineau introduced the following Order which was adopted. Conmittee RE: Problems of Spanish Speaking ORDERED: Residents I. That the Salem City Council President set up a committee for the purpose of looking into the problems of the City's Spanish Speaking Community. II. That the Committee be made up of the following: A. Two At-Large-Councillors B. Two members of the Human Rights Commission C. One member of the City's Planning Department D. One member of the City's Licensing Board E. Youth ComLission Coordinator F. Three members of the Spanish Speaking Community III. That the establishment of a social club for the Spanish speaking people in VJ MAY 25, 1978 in the Ward rive area be its first item on its agenda. IV. The Council President shall serve as Chairman 405 Councillor Nowak introduced the following Order which was adopted. Install Sodium Vapor Lights at Salem Willows ORDERED: That five (5) sodium vapor lights be installed in front of the amusement park at Salem Willows. Councillor Grace introduced the following Ordinance which was adopted for first 406 First Passage Ordinanc passage. Traffic Tow Zones S. 74 Fire lanes In the year one thousand nine hundred and seventy-eight. An Ordinance to amend an Ordinance relative to Traffic (Towing Zones) . Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 74 (General Prohibition Towing Zones) , is hereby amend by adding the following: (y) "Within any designated fire lane." Section 2. This Ordinance shall take effect as provided by the City Charter. 407 Councillor Grace introduced the following Ordinance which was adopted for first First Passage Ordinance Traffic Fines S. 13A passage. In the year one thousand nine hundred and Seventy-eight. An Ordinance to amend an Ordinance relative to Traffic (Fines - Fire Lanes) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 17A (Penalties) is hereby amended by adding the follow- ing: "$5.00-------Section 13A Section 2. This Ordinance shall take effect as provided by the City Charter. 408 Councillor Usovicz introduced the following Ordinance which was adopted for first First Passage Ordinance Traffic S. 49 Stop Sign passage. Waite St. & Pierce Ave. In the year one thousand nine hundred and seventy-eight- An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs.) Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 15, Section 49, is hereby amended by adding the following in y/ alphabetical order; "northerly bound traffic on Waite Street at Pierce Avenue" Section 2. This Ordinance shall take effect as provided by the City Charter. 409 Councillor Nowak introduced the following Ordinance. First Passage Ordinanc Drinking Fines In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to fines for drinking alcoholic beverages upon a public way. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 16 of the City Ordinances is hereby amended by addling the followin new section. 466 MAY 25, 1978 Section 20. The fine for drinking alcoholic beverages upon a public way, as defined in Chapter 16, Section 19, shall be fifty ($50.00) dollars. Section 2. This Ordinance shall take effect as provided by City Charter. Councillor O'Keefe amended the Ordinance to read "up to fifty ($50.00) dollars". the amendment was voted by a roll call vote of 6 yeas, 5 nays, 0 abs. Councillors Daly, Lovely, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Grace, Martineau, Nowak, and Rochna were recorded as voting in the negative. The Ordinance was adopted as amended for first passage so that it shall now read as follows: In the year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance relative to fines for drinking alcoholic beverages upon a public way. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 16 of the City Ordinances is hereby amended by adding the following new section: Section 20. The fines for drinking alcoholic beverages upon a public way, as defined in Chapter 16, Section 19, shall be up to fifty ($50.00) dollars. Section 2. This Ordinance shall take effect as provided by City Charter. 410 irst Passage Ordinance Councillor Grace introduced the following Ordinance which was adopted for first raffic S. 51 Parking rohibited. Monroe St. passage. In the year one thousand nine hundred and seventy-eight. An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited) Be it ordained by the City Council of the City of Salm, as follows: Section 1. Chapter 15, Section 51 is hereby amended by adding the following street in alphabetical order: "Monroe Street, southerly side." Section 2. This Ordinance shall take effect as provided by the City Charter. 411 yor, Solicitor, & Councillor Nowak introduced the following Order. Councillor O'Keefe amended that gineer investigate ydro-Dredge Contract Mayor, Solicitor, and Engineer pay particular attention to the contractual requirements with Hydro-Dredge relative to security. The amendment was so voted. The Order was adopted as amended. ORDERED: That the Mayor, Legal Department, and the City Engineer respond in writing to this Council why the contract with Hydro-Dredge was broken at Winter Island and what is being done about it. BE IT FURTHER ORDERED: That the Mayor and Legal Department and the City Engineer pay particular attention to the contractual requirements with Hydro-Dredge relative to security. 412 irst Passage Ordinance Councillor Centorino introduced the following Ordinance which was adopted for firs sensation of City ouncil passage. 4r)7 i I MAY 25, 1978 In the year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance in;the Salm Code of Ordinances relative to Compensation of the City Council. Be it ordained by the City Council of the City of Salem as follows: Section 1. Section 2-123 "Compensation of members, additional compensation for president" is hereby amended by deleting the following: "payable in equal monthly installments." and inserting in place thereof, the following: "payable in equal weekly installments." Section 2. This Ordinance shall take effect as provided by City Charter. 413 Councillor Nowak introduced the following Order which was adopted. Sun Roof Juniper Cove Playground ORDERED: That the Park Department construct a sun roof at the Juniper Cove Playground. 414 Councillor Centorino introduced the following Order which was adopted. Police enforce closing Salem Willows Park at ORDERED: That the Police Department enforce the Regulations of the Park Departmen 10:00 P.M. of the City of Salem, under which Salem Willows Park is to be closed to the public after 10:00 P.M. during the period June 1 to September 1. 415 Councillor McCabe introduced the following Order which was adopted. Parking Restrictions 60 Day Trial Period ORDERED: That the attached Parking restrictions for Walter Street (Parking Walter Street Prohibited) be put into effect for a 60 day trial period to permit the residents of Walter Street and the Police Traffic Division to evaluate said restrictions. Councillor McCabe assumed the Chair for Councillor Cawley. 416 Councillor Cawley introduced the following Order which was adopted. Engineer advise Council Cleaning Sewer Lines ORDERED: That the City Engineer advise the Council on the feasability and comment i on the advisability of providing cleaning services for those citizens who are not con- nected to municipal sewers, and who therefor must obtain their own septic systems. Money for this service to be derived from the "Sewer Use Charge." Councillor Cawley resumed the Chair. On the motion of Councillor Grace, the Council recessed at 9:15 P.M. and recon- vend at 9:25 P.M. 417 Councillor Grace offered the following report for the Cammittee on Licenses & Granting certain Licen Permits. It was voted to accept the report and adopt the recommendation. The Conmittee on Licenses & Permits to wham was referred the matter of granting certain licenses, has considered said matter and would recam[ end that the following be granted. NEW APPLICATIONS TAXI OPERATOR Amy L. Leck, 87 Puritan Road, Marblehead Richard A. Swan, 412 Essex Street, Salam Vi8 MAY 25, 1978 SECOND HAND DEALER Anna L. Wilensky, 21 Haaestead Road, Marblehead RENEWALS JUNK DEALER Beaver Enterprise, Inc. , Naimkeag Salvage R50 Broadway Talkowsky, Isaac & Son, 18-24 Phillips Street Hutchinson, Frederick W. , 15 Robinson Road CARD READING Laurie Cabot, 14 Daniels Street, Salem 4 0 BOWLING ALLEY Thomas H. Letarte, Candlepin Lanes, 18 Broadway (24) RTAp0P1-AUTO TRUCK Talkcwsky, Isaac & Son, 18-24 Phillips Street NEW APPLICATIONS TOURING MO'T'OR VEHICLES North Shore Tours, Inc. , 14 Briarwood Dr. , Danvers Said location for picking up and discharging passeng - ers to be given at a later date after Off Street Parking & Police Traffic Dept. are consulted. 418 Sale of land near 15 Councillor O'Keefe offered the following report for the Ccnudttee on Ccnmunity ope Street Develognent. It was voted to accept the report. The Camlittee on Co comity Development to wham was referred a request to purchase part of Lot #314 adjacent to 15 Pope Street by Maynard E. and Barbara L. Allen, the owners of property at 15 Pope Street, has considered said matter and would reccnmend that the City Council find: (1) That said 10,300 square feet of land is land in excess in accordance with the opinion of the Department of Public Properties attached. (2) That the Mayor is authorized to sell said parcel contingent upon the purchaser being responsible for a plan and survey to be done by a registered Land Surveyor, a cop of which is to be filed with the Engineering Department and Assessors Office in accord- ance with the request of the City Engineer attached. (3) That a minimum price of $3,200.00 be set for the sale in accordance with the valuation of Mr. Gmszyk, Chairman of the Board of Assessors, attached herewith. The matter of adoption of the reccnmendation was voted upon in three parts. Part I. That said 10,300 square feet of land is land in excess in accordance with the opinion of the Department of Public Properties attached. It was so voted. The matter of authorizing the Mayor to sell said property for a sine of not less than $3,200.00 (Part 2 and 3) , was so voted by a unanimous roll call vote. Councillor O'Keefe moved for immediate reconsideration hoping it does prevail. Reconsideration was denied. (108) 419 Est. Housing Advisory Councillor Centorino offered the following report for the Ccmnittee on Ordinances Board and Legal Affairs. It was voted to accept the report. The CmyrLittee on Ordinances & Legal Affairs to whom was referred the matter of establishing a Housing Review Board in the City of Salam has considered said matter and would recaanend that the Board be established as provided in the attached Ordinance 469 MAY 25, 1978 In the year one thousand nine hundred and Seventy-Eight 419-A Housing Advisory Board An Ordinance amending Chapter 2, Administration, in the Code of ordinances of the City of Salem, Establishing a Housing Advisory Board Be it ordained by the City Council of the City of Salem, as follows: Chapter 2, Section 701, is hereby amended by adding the following Section. ARTICLE XXVII HOUSING ADVISORY BOARD Section 1. A housing advisory board is hereby established in the City of Salem for the purpose of mediating disputes between landlords and tenants regarding all aspects of rental housing in the City of Salem, and for the purpose of ensuring proper and adequate enforcement of the building code, sanitary code, and other applicable laws, rules or regulations governing the condition of rental housing in the City of Salem. Section 2. The board shall consist of nine (9) members. The nine (9) members of the board shall be appointed by the mayor subject to the confirmation of the City Council. The members shall serve without compensation for three (3) years, provided that the initial appointees shall serve for terms of one, two, and three years respectively. The board shall consist of three tenants, three owners of single-family residences, and three persons who own rental residential property, none of wham has been cited for a period of not less than two years by the Board of Health or other enforcement agency or department for violations deemed to materially endanger the health or safety of occupants of the landlord's property. In serving in such capacity, no member shall ac upon any case wherein he/she may have a material interest and in the event of such conflict a member shall absent him/herself frau consideration of the case. Members, unless sooner removed, shall serve until the qualification of their successors, and vacancies other than by reason of expiration of term shall be filled by appointment and confirmation for balance of the unexpired terms. The mayor may file written charges against any of the members for misfeasance, nonfeasance or malfeasance in office, and such member may be removed, after a hearing on such charges, by a two-thirds (2/3) vote of the City Council. Any member against wham charges have been filed shall be given a written and attested copy of said charges and written notice of the date and place of such hearing not less than fourteen (14) days before said hearing. A public hearing shall be held only at the request of the member against whom charges have been filed, and such member shall be afforded the right to be represented by counsel and an opportunity to be heard in his own defense. Section 3. The board shall have jurisdiction over all rental units in the City of Salem except: A. Rental units in motels, inns, and tourist hones, and rental units in roaming or boarding houses which are rented primarily to transient guests for periodE of less than fourteen consecutive days. B. Rental units which a governmental unit, agency, or authority either awns or operates, or finances or subsidizes. 460 MAY 25, 1978 C. Rental units in co-operatives or condominiums. D. Rental units in any hospital, convent, monastary, asylum, public institution, college, or school dormitory operated for charitable or educational purposes. E. Rental units in duly licensed and approved nursing homes for the aged. Section 4. The board, may within the limits of its jurisdiction, have the following powers and duties: A. To receive and record complaints regarding rental housing acca[modations in the City of Salem. B. To secure information, make investigations and conduct studies by itself or through existing municipal agencies. C. To arrange for and conduct hearings. D. To provide for accurate recording of all hearings as may be conducted. E. To provide information regarding the rights, duties, and obligations of landlords or tenants under the building code, sanitary code, or any other applicable laws, rules or regulations governing the condition of residential premises. F. To make advisory recarmendations to both landlord and tenant after review to each matter it considers, in accordance with standards established by the board with the approval of the Mayor and City Council. G. To file reports with municipal agencies concerning any matters properly befora the board. Section 5. Review by the board shall include but not be limited to the following matte A. Any alleged violation of the building code or sanitary code of the City of Salem by either landlord or tenant. B. Any canplaint of an unjustified or exorbitant rental increase to take effect after the effective date of this act. C. Any ccuplaint of an unjustified or exorbitant rental increase during a time that a substantial violation of either the building code of sanitary code exists. D. Any canplaint by a tenant of descrimination practices by a landlord in vio- lation of federal and state legislation. Section 6. The necessity for such board shall be reviewed annually by the mayor and City Council, but in no event shall its existence be continued after January the first, nineteen hundred and eighty-two without the approval of the Mayor and City Council. Section 7. If any provision of this act or the application of such provision to any person or circumstances shall be held invalid the validity of the remainder of this act and the application of such provision to other persons or circumstances shall not be affected thereby. section B. This act shall take effect as provided by City Charter. Ulm MAY 25, 1978 Councillor Martineau moved that the Ordinance as recommended by the Committee on Ordinances & Legal Affairs be deleted and the Housing Review Board Ordinance in its original form be voted upon. (See #108) Councillor Martineau moved to waive the reading of this amendment. It was so voted. Councillor McCabe assumed the chair for Councillor Cawley. Councillor Cawley resumed the chair. Councillor Lovely moved the question. It was so voted. Councillor Martineau was recorded as opposed. The Amendment was defeated by a roll call vote of 3 yeas, 8 nays, 0 abs. Councillors Centorino, Martineau, and O'Keefe were recorded as voting in the affirmative. Councillors Daly, Grace, Lovely, McCabe, Nowak, Rochna, Usovicz, and Cawley were recor- ded as voting in the negative. Councillor Daly moved the question on the Housing Review Board. It was so voted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Daly, Grace, Lovely, McCabe, No0ak, and Rochna were recorded as voting in the affirmative. Council- lors Centorino, Martineau, O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. Councillor Martineau moved for a 1 minute recess. It was so voted. Adoption of the recommendation of the Committee report on the Housing Advisory Board(K19-A) was defeated by a roll call vote of 5 yeas, 6 nays, 0 absent. Council- lors Centorino, Martineau, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Daly, Grace, Lovely, McCabe, Nowak, and Rochna were recorded as voting in the negative. Councillor Lovely moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Centorino, Martineau, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Daly, Grace, Lovely, McCabe, Nowak, and Rochna were recorded as voting in the negative. Councillor O'Keefe moved for a 5 minute recess. Motion was denied by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Centorino, Martineau, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Daly, Grace, Lovely, McCabe, Nowak, and Rochna were recorded as voting in the negative. 420 Councillor Rochna offered a report for the Committees on Public Health and Moving Board of Health from Shaughnessy Hosp. Municipal Services. It was voted to accept the report. The Joint Committees on Municipal Services and Public Health to wham was ref- erred the matter of moving the Board of Health from Shaughnessy Hospital has considerec said matter and would recommend that the Committee direct Mr. Affanato, Executive Director of the J. Robert Shaughnessy Hospital, to draw up proposals for the use of the Shaughnessy Hospital wing now occupied by the Health Department and present those L MAY 25, 1978 proposals to the Committees no later than July 1. That the Conmittee direct Public Properties aided by the Planning Department to explore any and all locations proper for the relocation of the Board of Health. The Committee will request information regarding costs incurred by a move to each particular site. Preference should be given to a site that will allow the Health Department to be housed at one location, not exclusive of One Salem Green. Such report shall also be reportd to the committee no later than July 1. (348)421 Appr. City Hall Annex Councillor Martineau offered the following report for the Committee on Finance. It was voted to accept the report and adopt the recomeendation. Councillors O'Keefe, Nowak, and Cawley were recorded as opposed. The Committee on Finance to whan was referred the appropriation of $34,524.43 from the "Surplus Revenue" Account to the "City Hall Annex Rental" Account has consid- ered said matter and would reccmend that the appropriation be granted. (349)422 Appr. Off Street Park Councillor Martineau offered the following report for the Committee on Finance. ing Bills It was voted to accept the report and adopt the recommendation. The Committee on Finance to wham was referred the appropriation of $11,121.00 from the "Off Street Parking Receipts" Account to the "Off Street Parking Commission Bills" Account has considered said matter and would recommend that the appropriation be granted. (350)423 Appr. Highway Bills Councillor Martineau offered the following report for the Committee on Finance. It was voted to accept the report and adopt the recommendation. The Committee on Finance to wham was referred the appropriation of $6,528.75 from the "Surplus Revenue" Account to the "Highway - Bills" Account has considered said matter and would recommend that the appropriation be granted. 424 Comm. fr. Offstreet A comcmmication was received frau Mr. James Field, Executive Director of the Parking RE: Taxi Stand on Washington Off Street Parking Conmission approving the Taxi Stand on Washington Street. Councillor Street Martineau moved that it be received and filed. Councillor Grace amended that a copy be forwarded to the Board of Appeals for their records. It was so voted. The Com& unication was received and filed and amended. 425 Invitation fr. Fire- An invitation was received from the Firemen's Relief Association to attend the men's Relief Assoc. Memorial Sunday Annual Memorial Sunday services at Harmony Grove Cemetery, Firemen's Lot, on June 11, 1978 at 9:15 A.M. On the motion of Councillor McCabe, the invitation was accepted. 426 Comm. fr. Alfred A camnumication was received from Mr. Alfred Barefield, 28 Lynde Street, Salem, Barefield withdrawing Claim against City withdrawing his Claim against the City of Salem. The Communication was received and filed with a copy sent to the Committee on Ordinances & Legal Affairs. 427-428 Taxi Operators The following Taxi Operator Applications were referred to the Committee on Licenses & Permits. 463 MAY 25, 1978 NEW APPLICATIONS TAXI OPERATOR Michael E. Gallagher, 23 Federal Street, Beverly John M. Wallace, 15 Central Street, Beverly 429 The application of Memorial Park to have a Tag Day in the City of Salem on TAG DAY Memorial Park �i June 24, 1978 was granted. 430 The following Taxi Operator Renewal Licenses were referred to the Committee Taxi Operator Renewals on Licenses & Permits. Wayne J. Cyr, 98 Washington Square, East, Salem Robert F. Moroney, 5 Ropes Street, Beverly 431 The Drainlayer renewal license of Thomas Mackey & Sons, Inc, 58 Broadway, Drainlayer T. Mackey & Sons Salon, was granted. 432 The Application of Benjamin Allen, d/b/a Dexter Furriers, 231 Washington St. , Appl. Dexter Furriers to place and Maintain Salem, to place and maintain awnings, was referred to the Committee on Licenses & awnings Permits. 433 The Claim of A. Sugarman, 10 Countryside Lane, Marblehead, was referred to Claim the Committee on Ordinances & Legal Affairs. 434-435 The following Bonds were referred to the Committee on Rules & Bonds and Ret- Bonds urned approved. CONSTABLE Frank Salvo, 24 Riverview Avenue, Danvers SIGN BOND Kondon Drug, Boston Street, Salon 436 A conmumication was received from the Salem Restaurant Association protesting Come. fr. Salem Restau- rant Assoc. re: "The a restaurant known as "The Shed" in the Market Area, after the deadline of Tuesday Shed" Noon. Councillor Martineau moved for suspension of the rules in order to take up the matter. There were no objections. The matter was before the Council. Councillor Lovely moved that it be referred to the Committee on Municipal Services. It was so voted. (285) Notice of reconsideration filed at the last regular meeting on the appropriation Appr. Personnel Payroll of the sum of $4,256.85 from "Surplus Revenue" to "Personnel Department Payroll" was then taken up. Councillor Grace moved for reconsideration. Councillor Martineau called Councillor Grace to order. Councillor Grace challenged Councillor Martineau's call to order. Councillor Grace was allowed to speak. Councillor Usovicz moved the question. It was so voted. Reconsideration was voted by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Daly, Martineau, and Usovicz were recorded as voting in the negative. Councillor Martin- eau moved that the appropriation be granted. Councillor O'Keefe moved that the matter k ; MAY 25, 1978 be laid on the table. It was so voted. Councillor Martineau was recorded as opposed. (353) Trans. Cemetery Bills Notice of reconsideration filed at the last regular meeting on the transfer of $1,500.00 from "Cemetery Payroll" to "Cemetery Bills" was then taken up. Councillor Martineau moved for reconsideration. Reconsideration was defeated. � ! (359) Ordinance - Amending The matter of second and final passage of an Ordinance amending an Ordinance relativa Ordinance est. Personnel Dept. and Duties to the Personnel Department, and the duties of the Personnel Director, the Mayor shall advertise the position of Personnel Director was then taken up. Councillor Grace moved that the matter be laid on the table. It was so voted. (360) Ordinance - Amending The matter of second and final passage of an Ordinance 'unending an Ordinance relativa Ordinance est. Personnel Dept. and Duties to the Personnel Department and the duties of the Personnel Director, the Council shall appoint the Personnel Director should Mayor not do so within 14 days, was then taken up. Councillor Grace moved that the matter be laid on the table. It was so voted. On the motion of Councillor McCabe, the meeting adjourned at 11:00 P.M. ATTEST: JOSEP= R. FUSCO CITY CLERK JUNE 2, 1978 SPECIAL MEETING , A Special Meeting of the City Council was held in the Council Chamber on Friday, June 2, 1978 at 6:20 P.M. for the purpose of taking action on the application of Dexter Furriers, 231 Washington Street, to place and maintain awnings. Notice of this meeting was posted on May 31, 1978 at 4:45 P.M. President Leonard A. Cawley, Jr. presided. I; 437 Councillor Grace offered the following report for the Cotamittee on Licenses & Dexter Furriers appl. to place and maintain Permits. It was voted to accept the report and adopt the recomnendation. awnings The Committee on Licenses & Permits to whom was referred the matter of granting a license to Benjamin Allen, d/b/a Dexter Furriers, to place and maintain awnings at 231 Washington Street, Salem, has considered said matter and would reconnend that the license be granted. On the motion of Councillor Martineau, the meeting adjourned at 6:25 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 4C6 _ JUNE 6, 1978 SPECIAL MEETING - 1978-1979 Budget A SPECIAL MEETING of the City Council was held in the Council Chamber on Tuesday, June 6, 1978 at 6:30 P.M. for the purpose of taking final action on the 1978-1979 Budget. Notice of this meeting was posted on June 2, 1978 at 3:27 P.M. There was no one absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the GO O previous meeting. It was so voted. Councillor McCabe moved that the Committee recamiendations be accepted in total from the Finance Camnittee. It was so voted. Councillor moved to adopt the budget as submitted by the Mayor. President 0. Cawley ruled Councillor Nowak out of order. 438 Annual Appr. 1978-79 Councillor Martineau offered the following report for the Committee on Finance. It was voted to accept the report. The Committee on Finance to whom was referred the annual budget for fiscal year 1978-1979 has considered said matter and would recommend that the following Orders be adopted. Councillor Nowak moved that the Budget be adopted as presented by the Mayor. Motion was defeated by a roll call vote of 2 yeas, 9 yeas, 0 absent. Councillors I, Nowak and Rochna were recorded as voting in the affirmative. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. 439 Annuities & Pensions ORDERED: That the Annual Appropriation for Annuities and Pensions shall be $700,000.00. Voted 440 Board of Appeals ORDERED: That only the following items in the Annual Appropriation for the of Appeals shall be reduced and all others shall remain the same: EXPENSES REDUCED Assoc. Membership Expenses (401) $ 2.50 Assoc. Membership (402) 25.00 TOTAL $27.50 and be it further ORDERED: That the Annual Appropriation for this department shall be as follows: SALARIES $1,500.00 EXPENSES 962.50 TOTAL $2,462.50 441 Assessor's Department ORDERED: That only the following item in the Assessor's Department Annual Appropriation shall be reduced, and all others shall remain as recamiended: EXPENSES REDUCED Assessor's Expenses (401) $450.00 r � _ JUNE 6, 1978 and be it further ORDERED: That the Annual Appropriation for this Department shall be as follows: SALARIES & WAGES $74,427.50 EXPENSES 4,890.00 rTOTAL $80,317.50 Voted 442 ORDERED: That the Annual Appropriation for the Auditor's Department shall be as Auditor's Department follows: SALARIES & WAGES $62,563.11 EXPENSES 7,325.00 TOTAL $69,888.11 Voted Councillor O'Keefe amended to reduce Bookkeeping Clerk to $4,084.56 (reduction of $5,000.00) Councillor Lovely seconded the motion. The motion was defeated. Councillor O'Keefe amended to delete line item #402 (Dues and Subscriptions by $600.00. Councillor Lovely seconded the motion. The motion was defeated. Councillor O'Keefe amended to reduce line item #226 (Expense Maintenance Equip- ment) from $700.00 to $500.00. The motion was not seconded. Councillors Grace and O'Keefe were recorded as opposed. 443 ORDERED: That the Annual Appropriation for the item Baker's Island shall be Baker's Island $2,500.00 Voted 444 ORDERED: That only the folloiwng items in the Cemetery Department Annual Cemetery Department Appropriation shall be reduced and all others shall remain the same: SALARIES & WAGES -REDUCED Superintendent $ 1,147.46 200.00 Working Foreman 13,435.76 Maintenance Man 300.00 Overtime 700.00 EXPENSES Electricity (204 100.00 Fuel Oil (203) 2,500.00 Manure (323) 300.00 Car Expense (903) 300.00 TOTAL $19,073.22 and be it further ORDERED: That the Annual Appropriation for this department shall be as follows- SALARIES & ollows:SALARIES'& WAGES $160,117.83 From endowed lot funds income -30,000.00 From sale of lots 20,000.00 $110,117.83 468 JUNE 6, 1978 EXPENSES 16,000.00 NEW EQUIPMENT 400.00 TOTAL $126,517.83 VOTED Councillor Centorino amended to reinstate the position of Superintendent in the amount of $13,703.44. Councillor Usovicz seconded the motion. The motion was adopted , by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Centorino, Daly, Martineau McCabe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, Lovely, Nowak, O'Keefe, and Rochna were recorded as voting in the negative. The appropriation was adopted as amended. 445 Central Motor Equipment ORDERED: That only the following items in the Central Motors Department Annual Appropriation be reduced, and all others shall remain as recommended: SALARIES & WAGES REDUCED r Overtime $1,000.00 EXPENSES ADMINISTRATION Office Supplies & equipment (306) 135-.00 - Telephone (201) 150000 TOTAL $1,285.00 and be it further ORDERED: That the Annual Appropriation for this Department shall be as follows: SALARIES & WAGES $122,177.21 EXPENSES 105,345.00 GAS, OIL & GREASE, ALL DEPAFQ.2'fENTS 55;000.00 $282,522.21 Voted 446 Christmas Decorations ORDERED: That the Annual Appropriation for Christmas Decorations shall be $2,000.00. Voted Councillor O'Keefe amended to reduce the appropriation by $1,000.00. Councillor Nowak reconded the motion. Councillor McCabe assumed the Chair. Councillor Cawley resumed the Chair. The amendment was defeated. Councillor O'Keefe was recorded as in favor. 447 .` City Clerk's Department ORDERED: That the Annual Appropriation for the City Clerk's Department shall be ■!' s follows: SALARIES & WAGES $62,364.90 EXPENSES 7,341.00 TOTAL $69,705.90 Voted 448 City Council ORDERED: That only the following item in the Annual Appropriation for the City i Council shall be reduced and all other items shall remain the same: i SALARIES & WAGES REDUCED Clerk of Committees $10,377.51 JUNE 6, 1978 and be it further ORDERED: That the Annual Appropriation for this department shall be as follows: SALARIES & WAGES $35,300.00 EXPENSES 29,867.00 TOTAL $65,167.00 Voted Councillor McCabe assumed the Chair. Councillor Cawley amended that $10,377.51, Clerk of Ccamittees, be restored. Councillor Martineau seconded the motion. Councillor Lovely moved the question. It was so voted. The amendment was defeated by a roll call vote of 2 yeas, 9 nays, 0 abs. Councillors Daly and Cawley were recorded as voting in the affirmative. Councillors Centorino, Grace, Lovely, Martineau, McCabe, Nowak, O'Keefe, Rochna, and Usovicz were recorded as voting in the negative. Councillor Centorino amended to increase Clerk of Committees, from $300.00 to $3,000.00. Councillor Usovicz seconded the motion. Motion was defeated by a roll call iI vote of 5 yeas, 6 nays, 0 abs. Councillors Centorino, Daly, Grace, Lovely, and Usovicz were recorded as voting in the affirmative. Councillors Martineau, McCabe, Nowak, O'Keefe, Rochna, and Cawley were recorded as voting in the negative. 449 ORDERED: That the Annual Appropriation for the item City Hall Annex shall be City Hall Annex $150,000.00. Voted Councillors Grace and Nowak were recorded as opposed. 450 ORDERED: That the Annual Appropriation for the Civil Defense Department shall Civil Defense be as follows: SALARIES & WAGES $27,542.29 EXPENSES 11;978.00 TOTAL $39,520.29 Voted Councillor McCabe amended to restore $1,155.00 under Expenses. Councillor Grace seconded the motion. The int was so voted by a roll call vote of 8 yeas 3 nays, 0 absent. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Martineau, O'Keefe and Cawley were recorded as voting in the negative. The order was adopted as amended. Councillors O'Keefe and Martineau were recorded as opposed. The meeting recessed at 8:00 P.M. and reconvened at 8:05 P.M. 451 ORDERED: That only the following item in the Collector's Department AnnualCollector's Department Appropriation shall be reduced, and all others shall remain as recmn)ended: EXPENSES REDUCED Office Expenses (397) $100.00 And be it further ORDERED: That the Annual Appropriation for this Department shall be as follows: Salaries & Wages $64,130.47 41U JOKE 6, 1978 Expenses $ ' 91175.00 SAL $73,305.47 VOTED Community Services 452 ORDERED: That the Annual Appropriation for Conumity Services shall be $5,000.00 VOTED Councillor Nowak was recorded as opposed. 453 Conservation Commission ORDERED: That the Annual Appropriation for the Conservation Camtission shall be as follows: SALARIES & WAGES $1,700.00 EXPENSES 4,280.00 TOTAL $5,980.00 Voted Councillor Nowak was recorded as opposed. Dog Constable 454 ORDERED: That the Annual Appropriation for the Dog Constable shall be as follows: Salaries & Wages $10,402.08 Expenses 1,000.00 Care and Custody of Dogs 10,000.00 TOTAL $21,402.08 Voted Councillor Grace was recorded as voting "Present" 455 Council on Aging ORDERED: That only the following items in the Council on Aging Annual Appropr- p iation shall be reduced, and all others shall remain the same: EXPENSES REDUCED Meals-on-Wheels Coordinator Vehicle Allowance (462) $180.00 Local Staff (Travel) (902) 600.00 TOTAL $780.00 And be it futher ORDERED: That the Annual Appropriation for this department shall be as follows: SALARIES & WAGES $37,302.49 EXPENSES 36,958.00 TOTAL $74,260.49 Voted Councillor Rochna amended to restore $780.00 to expenses. Councillor McCabe seconded the motion. The amendment was defeated by a roll call vote of 5 yeas, 6 nays, •&A i 0 absent. Councillors Centorino, Grace, McCabe, Nowak, and Rochna were recorded as voting in the affirmative. Councillors Daly, Lovely, Martineau, O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. The recomrendation of the Finance Committee was adopted. Councillors Rochna and McCabe were recorded as opposed. 456 Cultural Arts Comnissio ORDERED: That the Annual Appropriation for the Cultural Arts Cmndssion shall be $12,000.00. Voted 47 JUNE 6, 1978 457 ORDERED: That only the following item in the Annual Appropriation for the Elections & Registrations i Elections & Registration Department shall be reduced and all others shall remain the j same: EXPENSES REDUCED Ballot Boxes (00286A) $2,500.00 and be it further ORDERED: That the Annual Appropriation for this Department shall be as follows: SALARIES & WAGES $53,625,02 EXPENSES 18,980.50 BALLOT BOXES 7,500.00 TOTAL $80,105.52 Voted 458 ORDERED: That only the following items in the Electrical Department Annual Electrical Department Appropriation shall be reduced, and all others shall remain the same: SALARIES & WAGES REDUCED Extra Labor $ 200.00 Holidays & Overtime 2,500.00 EXPENSES Administrative Expenses (397) 50.00 I Office Equipment (525) 100.00 TOTAL $2,850.00 And be it further ORDERED: That the Annual Appropriation for this department shall be as follows: SALARIES & WAGES $189,303.74 i EXPENSES 24,400.00 ST. LIGHTING & SIGNALS 300,000.00 TOTAL $513,703.74 Voted Councillor Usovicz was recorded as opposed. 459 ORDERED: That the Annual Appropriation for the item Employees Insurance shall Employees Insurance be $1,000,000.00. Voted 460 t1 ORDERED: That only the following items .in the Engineering Depar men Annual Engineering Department Appropriation shall be reduced, and all others shall remain as recommended: SALARIES & WAGES REDUCED Overtime $1,000.00 EXPENSES Office Furniture (563) 500.00 Advertising (207) 100.00 TOTAL $1,600.00 And be it further ORDERED: �µ 472 JUNE 6, 1978 That the Annual Appropriation for this Department shall be as follows: ,ARIES & WAGES $ 94,552.27 EXPENSES 7,100.00 OUTSIDE SERVICE EXPENSES 1,200.00 TOTAL $102,852.27 Voted 1� Councillor Nowak was recorded as opposed. 461 Fire Department ORDERED: That the Annual Appropriation for the Fire Department shall be as follows: SALARIES & WAGES $1,890,939.62 OTHER EXPENSES 77,600.00 HOSE & NOZZLES 6,000.00 CLOTHING 18,120.00 NEW EQUIPMENT - Radios 4,000.00 Ladders 3,000.00 TOTAL $1,999,659.62 Voted 462 Firemen's Memorial ORDERED: That the Annual Appropriation for the Firenen's Memorial shall be $150.00. Voted 463 Harbormaster ORDERED: That the Annual Appropriation for the Harbormaster shall be as follows SALARIES & WAGES $13,400.00 EXPENSES 18,000.00 TOTAL $21,400.00 Councillor Martineau moved that the matter be tabled until prior to adjournment of meting. The motion was defeated. Councillor Usovicz moved that the matter be tabled until next meting of City Council on Thursday, June 8, 1978. It was so voted. 464 Health Hospital ORDERED: That only the following items in the Health Department Annual Appro- priation shall be reduced, and all others shall remain as recommended: SALARIES & WAGES REDUCED DIVISION OF COMMUNITY HEALTH Public Health Nurse $13,903.99 EXPENSES ADMINISTRATION Auto Allowance - Field Personnel (1208) 500.00 Office Supplies & Equipn ent (1300) 300.00 Miscellaneous (1397) 100.00 Board of Health - Personnel Expense 250.00 DIVISION OF COMMUNITY HEALTH Premature Baby Care 2456 500.00 Tuberculosis Hospitalization (2457) 500.00 That the Annual Appropriation for this Department shall be as follows: DIVISION OF ADMINISTRATION SALARIES $54,818.12 EXPENSES 3,150.00 ,1 3 JUNE 6, 1978 DIVISION OF COMMUNITY HEALTH SALARIES 53,375.53 EXPENSES 26,150.00 DIVISION OF ENVIRONMENTAL HEALTH SALARIES 74,508.54 EXPENSES 10,100.00 y TOTAL $222,102.19 Voted Y Councillor Usovicz amended to further reduce Premature Baby Care and Tubercul- osis Care by an additional $250.00 each, total reduction of $500.00. Councillor O'Keefe seconded the motion. It was so voted. Councillors Rochna and McCabe were recorded as opposed. Councillor Martineau amended to reduce line item (1208) Auto Allowance by $500.00. Councillor Martineau requested and received unanimous consent to withdraw his motion. The appropriation was adopted as amended._ 465 ORDERED: That the Annual Appropriation for the Shaughnessy Hospital shall be Shaughnessy Hospital as follows: SHAUGHNESSY HOSPITAL - SALARIES $2,532,428.70 SHAUGHNESSY HOSPITAL - EXPENSES 2,194,408.27 TOTAL $4,726,836.97 Voted Councillors Nowak and Grace were recorded as opposed. 466 ORDERED: That the Annual Appropriation for the item Heritage Days shall be Heritage Days $6,000.00. Voted ORDERED: That the Annual Appropriation for the Salem Historical Commission 467 Historical Omission shall be as follows: SALARIES & WAGES $1,000.00 EXPENSES 450.00 TOTAL $1,450.00 Voted 468 ORDERED: That the Annual Appropriation for the Human Rights Commission shall Human Rights Commission be $1,000.00. Voted 469 ORDERED: That the Annual Appropriation for Independence Day shall be $2,000.00 Independence Day VOTED 470 ORDERED: That the Annual Appropriation for the Industrial Development Commiss- Industrial Development Omission ion shall be $400.00. Voted 471 ORDERED: That only the following item in the Legal Department Annual Appro- Legal Department priation be reduced, and all others shall rPma;n as recmmended: SALARIES & WAGES REDUCED Assistant City Solicitor $12,082.20 And be it further ORDERED: i 1 JUNE 6, 1978 That the Annual Appropriation for this Department shall be as follows: PERSONNEL, SALARIES & WAGES $31,688.80 EXPENSES 9,850.00 TOTAL $41,538.80 Voted 472 Councillor Martineau was recorded as opposed. i� Legal Claims ORDERED: That the Annual Appropriation for Legal-Claims shall be $35,000.00. Voted Library Department 473 ORDERED: That only the following items in the Annual Appropriation for the Library Department shall be reduced and all others shall remain the same: EXPENSES REDUCED Books (314) $5,000.00 Records (391) 2,500.00 TOTAL $7,500.00 And be it further ORDERED: That the Annual Appropriation for this Department shall be as follows: SALARIES & FQGES $281,237.09 EXPENSES 152,154.47 433,391.56 -14,454.38 TOTAL $418,937.18 VOTED Councillor O'Keefe amended that the reduction of $14,454.38 come from State Reimbursement. Councillor Cawley seconded the motion. The amendment was so voted. Councillor Martineau amended to cut item (0314) Books, by $10,000.00 to $74,699.22. Councillor O'Keefe seconded the motion. The amendment was defeated by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Grace, Martineau, Nowak, Usovicz, and O'Keefe were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, McCabe, O'Keefe, and Rochna were recorded as voting in the negative. Councillor O'Keefe amended to cut item (0314) Books, by $5,000.00. Councillor Martineau seconded the motion. The amendment was adopted by a roll call vote of. 6 yeas, 5 nays, 0 absent. Councillors Grace, Martineau, Nowak, O'Keefe, Usovicz and Cawley were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, McCabe and Rochna were recorded as voting in the negative. Councillor Usovicz amended to cut the item "Records" by $5,000.00 to $7,500.00. Councillor O'Keefe seconded the motion. The amendment was defeated by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Grace, Martineau, Nowak, O'Keefe, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, McCabe Rochna, and Cawley were recorded as voting in the negative. Councillor O'Keefe amended to cut the item "Records" by $2,500.00 to $10,000.00 Councillor Grace seconded the motion. Councillor Lovely moved the question. It was so voted. The amendment was adopted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Grace, Martineau, Nowak, O'Keefe, Usovicz, and Cawley were recorded as votin 4'75 JUNE 6, 1978 in the affirmative. Councillors Centorino, Daly, Lovely, McCabe, and Rochna were recorded as voting in the negative. Councillor Centorino moved for immediate reconsideration. It was so voted. Councillor Centorino moved to split the previous questions of the Salaries and Expenses. It was so voted. Salaries & Wages as recommended by the Finance Committee was so voted. �� Councillor Centorino was recorded as voting "present". Expenses as recommended by the Finance Committee and amended by the City Council was so voted. The Council recessed at 9:10 P.M. and reconvened at 9:17 P.M. 74 ORDERED: That only the following item in the Licensing Board Annual Appro- Licensing Board priation shall be reduced, and all others shall remain the same: EXPENSE REDUCED Printing & Advertising (207) $50.00 And be it further ORDERED: That the Annual Appropriation for this Department shall be as follows: SALARIES & [AGES $11,234.37 EXPENSES 985.00 TOTAL $12,219.37 Voted 75 ORDERED: That the Annual Appropriation for Treasury - Loans - Interest Loans, Interest & Expens and Expense shall be as follows: INTEREST &CERTIFICATION Temporary Loans - Interest $ 300,000.00 Legal Opinion - Certification 30,000.00 GENERAL LOANS School Loans 764,600.00 Incinerator Loan 3,150.00 Urban Renewal 4,100.00 South River 3,300.00 Building Loan - Fire Station 30,975.00 Long Tenn Facility - Health 169,848.50 Off Street Parking Garage 124,375.00 Remodeling Bonds 6,093.76 General Loans - Total $1,106,442.26 Water Loans - Total 347,687.50 TOTAL $1,784,129.76 Voted 476 ORDERED: That the Annual Appropriation for Treasury - Redemption of Loans Loans, Redemption of Shall be as follows: JUNE 6, 1978 C F NF.RAT, LOANS Incinerator Loans $35,000.00 Urban Renewal 50,000.00 South River 30,000.00 Building Loan - Fire Station 75,000.00 h Long Term Facility - Health 65,000.00 Off Street Parking Garage 175,000.00 Remodeling Bonds 24,993.64 General Loans - Total 454,993.64 Water Loans - Total 414,686.96 TOTAL $869,680.60 Voted 477 Market Area Cawassi ORDERED: That the Annual Appropriation for the Market Area Management Canniss- ion shall be as follows: SALARIES & WAGES $10,500.00 EXPENSES 13,200.00 TOTAL $23,700.00 Voted Councillor Nowak was recorded as opposed. Mayor's Department 478 ORDERED: That the Annual Appropriation for the Mayor's Department shall be as follows: SALARIES & WAGES $68,075.42 EXPENSES 13,900.00 a OUP OF STATE TRAVEL 5,000.00 TOTAL $86,975.42 Voted Councillor Nowak was recorded as "present". 479 Medicare Extension ORDERED: That the Annual Appropriation for Medicare Extension shall be $45,000.00. Voted 480 ` Memorial Day ORDERED: That the Annual Appropriation for Memorial Day shall be $1,200.00. Voted 481 Moth Suppression ORDERED: That the Annual Appropriation for the Moth Suppression Department shall be as follows: Salaries & Wages $12,942.43 Expenses 450.00 Dutch Elm Disease Control & Insect Cont. Expense 26,000.00 TOTAL $39,392.43 JUNE 6, 1978 X82 — ORDERED: That the Annual Appropriation for the item Municipal Insurance shall Municipal Insurance be $45,000.00. Voted Councillor O'Keefe amended to reduce by $5,000.00. Councillor Usovicz secon- ded the motion. The amendment was defeated. Councillors O'Keefe and Usoviz were recorded as opposed. 483 ORDERED: That the Annual Appropriation for the Offstreet Parking Commission Off Street Parking Comm. shall be as follows: SALARIES & WAGES $131,899.93 EXPENSES 78,100.00 TOTAL $209,999.93* Voted *to be taken from parking receipts. 484 ORDERED: That only the following items in the Park Department Annual Park Department Appropriation shall be reduced, and all others shall remain as recommended: REDUCED EXPENSES $35,938.75* SPECIAL ITEMS 39,100:00* $75,038.75* That the appropriation for the Park Department shall be as follows: SALARIES & WAGES Administration $ 24,387.29 Labor 443,468.63 TOTAL $467,855.92 Voted EXPENSES $ 35,938.75* SPECIAL ITEMS 39,100.00* TO'T'AL $75,038.75* *To be funded from Park Department Receipts. Councillor O'Keefe amended to cut $75,038.75. Councillor Usovicz seconded the motion. Councillor Cawley ruled the amendment out of Order as it did not specify where the cut is to be. Councillor O'Keefe amended "C" sheet, page 90, all line items shown with a,p1 came from Park Department "Receipts". Councillor Usovicz seconded the motion. The amount of $39,100.00 being deleted and taken from Park Department Receipts was so voted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Centorino, Grace, Lovely, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Daly, Martineau, and McCabe were recorded as voting in the negative. The amendment of deleting $35,938.75 from Park Department "Expenses" was so voted by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Centorino, Grace, Novak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Daly, Lovely, Martineau, and McCabe were recorded as voting in the negative. i 478 JUNE 6, 1978 A The order was adopted as amended. Councillors Martineau, McCabe, and Daly were record as opposed. The Council recessed at 9:45 P.M. and reconvened at 9:46 P.M. 485 Personnel Department ORDERED: That the Annual Appropriation for the Personnel Department shall be as follows: SALARIES & WAGES $28,329.08* EXPENSES 6,326.71 TOTAL $34,655.79 Voted * The Salary of Director of Personnel at $18,582.30 is reported out with no recommendation. Councillor Martineau moved that the salary of Personnel Director of $18,582.30 as submitted by the Mayor be accepted. Councillor Cawley seconded the motion. The amendment was adopted by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Centorino, Daly, Lovely, Martineau, McCabe, Usovicz, and Cawley were recorded as voting i in the affirmative. Councillors Grace, Nowak, O'Keefe, and Rochna were recorded as i voting in the negative. Councillor McCabe assumed the Chair. Councillor Cawley amended to reduce Expense sheet by $3,340.00. Councillor Grace seconded the motion. The amendment was defeated. Councillors Grace, O'Keefe, Nowak, and Cawley were recorded as opposed. The Order was adopted as amended. Councillors O'Keefe, Nowak, Grace, and Cawley were recorded as opposed. Planning Board 486 ORDERED: That the Annual Appropriation for the Planning Board shall be as follows: SALARIES & 'vaGES $1,500.00 EXPENSES 81100.00 TOTAL $9,600.00 Voted 487 Planning Department ORDERED: That only the following items in the Planning Department Annual Appropriation shall be reduced and all others shall remain the same: EXPENSES REDUCED Office Supplies (306) $100.00 Instate Travel & Conferences (401) $100.00 TOTAL $200.00 and be it further ORDERED: That the Annual Appropriation for this department shall be as follows: SALARIES & WAGES $25,857.56 EXPENSES 10,550.00 TOTAL $36,407.56 Voted JUNE 6, 1978 488 ORDERED: That the Annual Appropriation for the Recreation-Playgrounds DepartPlaygrounds ment shall be as follows: SALARIES & WAGES $248,810.13 EXPENSES 9,500.00 EQUIPMENT 62,050.00 TOTAL $320,360.13 Voted 489 ORDERED: That the following items in the Police Department Annual Appropria- Police Department tion shall be reduced and all others shall remain the same: SALARIES & WAGES REDUCED Special Investigator $ 500.00 Court Overtime 5,000.00 EXPENSES Office Equipment (511) 620.00 OTHER EXPENSES Arms & ATmUnition (309) 1,000.00 Police Boat, Etc. (513) 900.00 TOTAL $8,020.00 And be it further ORDERED: That the Annual Appropriation for this Department shall be as follows: SALARIES & WAGES (Police) $1,429,879.33 SALARIES & [AGES (Laborers) 24,257.86 EXPENSES 64,487.00 i j CLOTHING ALLOWANCE & DRY CLEANING 22,750.00 ARMS & AMMUNITION 1,000.00 TOTAL $1,542,374.19 Voted Councillor McCabe assumed the Chair for Councillor Cawley. Councillor Cawley amended to restore $50.00 to Prisoner Care. Councillor Martineau seconded the motion. The amendment was so voted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Centorino, Daly, Martineau, McCabe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Grace, Lovely, Nowak, O'Keefe, and Usovicz were recorded as voting in the negative. ' Councillor Cawley amended to restore $5,000.00 for Court Overtime. Council McCabe seconded the motion. The amendment was defeated by a roll call vote of 4 yeas, 7 nays, 0 absent. Councillors Grace, McCabe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, Martineau, Nowak, O'Keefe, and Usovicz were recorded as voting in the negative. Councillor Rochna amended to restore $1,000.00 for Arms & Anm nzition. Councillor Daly seconded the motion. The amendment was defeated by a roll call vote of 3 yeas, 8 nays, 0 absent. Councillors Grace,McCabe, and Rochna were recorded as 480 JUNE 6, 1978 voting in the affirmative.. Councillors Centorino, Daly, Lovely, Martineau, Nowak, O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. Order adopted as amondetY. CoinncillOr- Rochna recorded "opposed" Postage 490 ORDERED: That the Annual Appropriation for postage shall be $30,000.00. Voted Public Property 491 ORDERED: That only the following items in the Annual Appropriation for the Public property Department Annual Appropriation shall be reduced, and all others shall remain the same: EXPENSES REDUCED ADMINISTRATION EXPENSES Other Expenses (1397) $200.00 DEPARTMENTAL EXPENSES Building Inspector's Expense (2450) 200.00 I plumbing Inspector's Expense (2449) 200.00 TOTAL $600.00 And be it further ORDERED: That the Annual Appropriation for this department shall be as follows: ADMINISTRATION SALARIES & MCES $ 96,516.97 EXPENSES 3,900.00 $100,416.97 DEPARITOUAL SALARIES & MGES 74,913.63 EXPENSES 89,314.00 $164,227.63 SPECIAL ITEMS 51000.00 TOTAL $269,644.60 Voted Councillor Daly amended to restore $600.00 to Expenses. Councillor McCabe seconded the motion. The amenchnent was defeated by a roll call vote of 4 yeas, 7 nays, 0 absent Councillors Centorino, Daly, McCabe, and Rochna were recorded as voting in the affirma- tive. Councillors Grace, Lovely, Martineau, Nowak, O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. Councillor Martineau amended to delete $2,600.00 for the Zoning Enforcement Officer Councillor O'Keefe seconded the motion. The amendment was defeated by a roll call vote of 2 yeas, 9 nays, 0 absent. Councillors Martineau and O'Keefe were recorded as voting in the affirmative. Councillors Centorino, Daly, Grace, Lovely, Nu;Cabe, Nowak, Rochna, Usovicz, and Cawley were recorded as voting in the negative. Councillor O'Keefe amended to delete$300.00 for Christmas Decorations. Councillor Nowak seconded the motion. The amendment was defeated. Councillors McCabe, O'Keefe, and Rochna were recorded as opposed. 481 JUNE 6, 1978 The Council recessed at 10:35 P.M. and reconvened at 10:45 P.M. 492 ORDERED: That only the following item in the Purchasing Department Annual Appro- Purchasing Department priation shall be reduced, and all others shall remain as recommended: EXPENSES REDUCED Miscellaneous (397) $200.00 and be it further ORDERED: That the Annual Appropriation for this department shall be as follows: SALARIES & WAGS $38,885.01 EXPENSES 4,620600 TOTAL $43,505.01 Voted Councillor Usovicz was recorded as opposed. - 493 ORDERED: That the Annual Appropriation for the Salem-Beverly Water Board shall be Salem Beverly Water Bd. $557,677.25. Voted 94 Councillor Grace requested and received unanimous consent to make part of the School Department Council records, a coammiication from the Assistant City Solicitor relative to her voting on matters of the School Department as she is an employee of Michaud Bus Lines who has a contract with the School Department. The following letter states the Assis- tant City Solicitor's Opinion relative to this matter. Dear Councillor Grace: This letter is in reply to your letter dated March 7, 1978 requesting a written opinion with regard to the applicability of Section 27 of the Salem City Charter, "Officials and Employees Prohibited from Making or Sharing in Municipal Contracts," to you as a full time employee of Michaud Bus Lines. Section 27 of the Salem City Charter reads in pertinent part: "No. . . .member of the City Council. . .shall directly or indirectly make a contract with the City, or receive any commission, discount, bonus, gift, contribution, or reward from or any share in the profits of any person making or performing such contracts, unless, . . .such member. . . .immediately upon learning of the existence of such contract, or that such contract is proposed, shall notify in writing the Mayor, City Council, or School Committee of the nature of his interes in such contract, and shall abstain from doing any official act on behalf of the City in reference thereto." "A violation of any provision of this section shall render the contract in respect to which such violation occurs voidable at the option of the City. Any person violating the provisions of this section shall be punished by a fine of not more than $1,000.00 or by imprisonment for not more than one year, or both." As a member of the Salem City Council, you are subject to the provisions of the Salem City Charter, Section 27. Assuming that the income which you derive from Micha JDNE 6, 1978 Bus Lines consists exclusively of your salary as a full time employee, then I would conclude the following: First, that you neither directly or indirectly made a Contract with the City within the meaning of Section 27; and, second, that you have not received and payments prohibited by Section 27. Since neither the provision for participation in the making of the Contract or receiving any prohibited payments under the terms of the Contract would be applicable, there would be no necessity in this case for any written notice to the Mayor, to the City Council or the School Committee of the nature of your interest in the Contract. The Commonwealth of Massachusetts also has enacted provisions governing the conduct of municipal officials and employees. These provisions are set forth in Massachusetts General Laws Chapter 268A. Sections 19 and 20 are applicable to the circumstances you have outlined. Section 20, dealing with Contracts in which a municipal employee has an interest, sets forth in pertinent part; subparagraph (a) , "a municipal employee who has a financial interest, directly or indirectly, in a contract made by a municipal agency of the same city or town, in which the City or town is an interested party of which financial interest he has knowledge or has a reason to know, shall be punished by a fine of not more than $3,000.00 or by imprisonment for not more than two years, or both." Because the contract for transportation for Salem Public School children is award- ed based on competitive and the aggregate proprietary interest of you and your immedia family does not exceed ten per cent (10%) . I conclude that you are not in violation of this section. a Section 19 of the same Chapter provides in pertinent part: " (a) Except as permitted by paragraph (b) , a municipal employee who participates a such an employee in a particular matter in which, to his knowledge he. . ., has a financial interest, shall be punished by a fine of not more than $3,000.00 or by imprisonment for not more than two years, or both." " (b) it shall not be a violation of this section (1) if the municipal employees first advises the official responsible for appointment to his position of the nature and circumstances of the particular matter and makes full disclosure of such financial interest, and receives in advance a written determination made by that official that the interest is not so substantial as to be deemed likely to affect the integrity of the services which the municipality may expect from the employee, or, . . . (3) if, by statute, the financial interest has been exempted from the requirements of clause (1) as being too remote or to inconsequential to affect the integrity of municipal employees' services." JUNE 6, 1978 Chapter 268A, Section 23, "Supplemental standards of Conduct" state that "no office or employee of a state, county or municipal agency shall . . ." " (f) pursue a course of conduct which will raise suspicion among,r the public that he is likely to be engaged in acts that are in violation of his trust." To review your interest in light of Sections 19 and 23: (1) an elected member of T the City Council is a municipal employee; (2) althouth the contract for bussing service is awarded by the Salem School Committee on the basis of competitive bidding, the City Council exercises discretion over the approval of appropriations submitted to the Salem School Committee to finance this Contract; (3) your services as an employee of Michaud Bus Lines, Inc. are financed wholly out of revenue pursuant to the Contract between the City of Salem School Department and Michaud Bus Lines, Inc. Therefore, I conclude that a Vote by you involving a contract in which your employe has a strong financial interest, would constitute a violation of Section 19 of Chapter 268A of the Massachusetts General Laws. s/Richard W. Stafford Assistant City Solicitor ORDERED: That the Annual Appropriation for the School Department shall be as follows: Teacher's Salaries & Administration $ 8,372,718.00 Custodian Salaries 726,009.00 ' TOTAL SALARIES $ 9,098,727.00 Out of State Travel 1,200.00 Athletic Program High School Salaries 84,925.00 High School Expenses 70,659.00 Elementary Salaries 26,560.00 Elementary Expenses 5,625.00 TOTAL ATHLETICS 187,769.00 All gther Expenses 2,607,424.00 TOTAL BUDGET $11,895,120.00 Voted Councillor Centorino moved to split the question of Administration Salaries and Custodian Salaries. It was so voted. The matter of the Teachers Salaries and Administration was so voted. Councillor Centorino was recorded as "present". Councillor Martineau was recorded as "opposed". The matter of the Custodian Salaries was so voted. Councillor Grace was recorded as voting "present". Councillor Martineau was recorded as voting "opposed". Adoption of the recommendation of the Committee on Finance was so voted. Councillor Grace was recorded as voting "present". Councillor Martineau was recorded as voting "opposed." 495 ORDERED: That the Annual Appropriation for the North Shore Regional Vocational North Shore Regional Vocational School JUNE 6, 1978 School shall be $141,973.00. Voted 496 Shade Tree Department ORDERED: That the Annual Appropriation for the Shade Tree Deparbrent shall be as follows: SALARIES & WAGES $33,227.66 EXPENSES 5,119.00 TCWA, $38,346.66 Voted Street Department 497 ORDERED: That only the following items in the Street Department Annual Appropria- tion shall be reduced, and all others shall remain as recommended: SALARIES & WAGES REDUCED - Laborer $11,040.30 Sewer Main, Wages 69,858.52* Expenses 6,955.00* and be it further ORDERED: That the Annual Appropriation for this department shall be as follows: ADMINISTRATION Wages $ 68,295.64 Expenses 2,108.35 BRIDGES & FENCES Wages 12,437.76 Expenses 2,025.00 HIGHWAY MAINr. Wages 265,257.66 Expenses 128,785.00 MUNICIPAL GARAGE Wages 65,666.28 Expenses 12,850.00 SNOW & ICE Wages 11,586.10 Expenses 175,000.00 TOTAL $744,011.79 Voted * To be funded frau Sewer Use Charge Councillor O'Keefe amended to reduce $69,858.52 Sewer Maintenace Account, this amount to be funded from Sewer Use Charge. The Chair seconded the motion. Councillor McCabe assumed the Chair for Councillor Cawley. Councillor Centorino requested and received unanimous consent to allow City Auditor Charles T. Passales to speak. Councillor Cawley amended that Accounts with (*) be funded with receipts reserved for appropriation account, as per recarmendation of City Auditor Passales. Councillor j O'Keefe seconded the motion. It was so voted. Councillor Martineau was recorded as apposed". 498 Solid Waste ORDERED: That the Annual Appropriation for:the Street Department - Division of Solid Waste shall be as follows: SALARIES $ 76,174.11 EXPENSES 630,750.00 TOTAL $706,924.11 Voted NMI 415 I JUNE 6, 1978 499 ORDERED: That the Annual Appropriation for the Tourist Commission shall be as Tourist Commission mission follows: SALARIES & WAGES $ 600.00 EXPENSES 1,400.00 TOTAL $2,000.00 Voted 500 ORDERED: That the Annual Appropriation for the Treasurer's Department shall be Treasurer's Department as follows: SALARIES & WAGES $ 70,458.43 EXPENSES 2,812,00 $ 73,270.43 TAX TITLE FORECLOSURE 5,000.00 ELECTRONIC DATA PROCESSING EXPENSES 6,500.00 DATA PROCESSING SALARIES & WAGES 61,172.93 EXPENSES 79,680.00 $140,852.93 TOTAL $225,623.36 Voted 501 ORDERED: That the Annual Appropriation for the Trust Fund Clerk shall be $600.00. Trust Fund Clerk Voted 502 ORDERED: That the Annual Appropriation for the item Unemployment Compensation & Unemployment Coup. & Administration Administration shall be $100,000.00 Voted Councillor Grace was recorded as voting "present". 503 ORDERED: That the Annual Appropriation for Veterans' Day shall be $600.00. Veterans' Day Voted 504 ORDERED: That the Annual Appropriation for Veterans' Organization Rentals shall Veterans' Organization Rentals be $5,280.00. Voted 505 ORDERED: That only the following items in the Veterans' Services Department Veterans' Services Annual Appropriation shall be reduced, and all others shall remain the same: EXPENSES REDUCED Miscellaneous (260) $100.00 Office Supplies (306) 50.00 TOTAL $150.00 And be it further ORDERED: That the Annual Appropriation for this department shall be as follows: SALARIES & WAGES $50,103.87 EXPENSES 2,015.00 ,NNE 6, 1978 VETERANS' BENEFITS 130,000.00 VETERANS GRAVES, CARE OF 2,689.50 TOTAL $184,808.37 Voted Water Department 506 ORDERED: That the Annual. Appropriation for the Water Department shall be as j follows: lJ GENERAL ADMINISTRATION SALARIES & UVMS $121,625.80 LABORERS SALARIES & WAGES 170,743.72 WATER EXPENSES 65,971.00 PUMPING STATION SALARIES & WAGES 110,088.46 o- EXPENSES 106,430.00 TOTAL, $574,858.98 VOTED eights & Measures 507 ORDERED: That the Annual Appropriation of the Weights & Measures Department shall be as follows: � SALARIES & WAGES $23,839.74 EXPEND 1,000.00 TOTAL $24,839.74 Voted 508 Worlanen's Compensation ORDERED: That only the following item in the Annual Appropriation for the item Workmen's Compensation shall be reduced, and all others shall remain the same: SALARIES & WAGES REDUCED Agent $1,000.00 And be it further ORDERED: That the Annual Appropriation for this Department shall be as follows: Salaries & Wages $109 ,400.00 Medical 30,000.00 TOTAL $139,400.00 Voted Councillor Martineau was recorded as opposed. outh Coimti509ssion ORDERED: That the Annual Appropriation for the Youth Commission shall be as follows: SALARIES & WAGES $29,167.40 EXPENSES 6,400.00 TOTAL $35,567.40 Voted outh Opportunity 510 ORDERED: That the Annual Appropriation for the item Youth Opportunity shall be $96,000.00 Voted JUNE 6, 1978 Councillor Usovicz amended by reducing budget by $15,000.00. Councillor O'Keefe Seconded the motion. Councillor McCabe assumed the Chair for Councillor Cawley. Councillor Cawley amended that $15,000.00 be deleted and futher that $33,000.00 of the balance not be expended until May 15, 1979. Councillor Usovicz seconded the JJ motion. The motion was defeated by a roll call vote of 4 yeas, 7 nays, 0 absent. W► Councillors Grace, O;Keefe, Usovicz, and Cawley were recorded as voting in the affir- mative. Councillors Centorino, Daly, Lovely, Martineau, McCabe, Nowak, and Rochna were recorded as voting in the negative. Councillor O'Keefe amended that $15,000.00 not to be expended before May 15, 1979. Councillor Usovicz seconded the motion. The amendment was defeated by a roll call vote of 3 yeas, 8 nays, 0 absent. Councillors Grace, O'Keefe, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, Martineau, McCabe, Nowak, Rochna, and Cawley were recorded as voting in the negative. Councillor Usovicz moved to divide the question. It was so voted The matter of $7,500.00 not be expended until after May 15, 1979, was defeated by a roll call vote of 3 yeas, 8 nays, 0 absent. Councillors Grace, O'Keefe, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, Martineau, McCabe, Nowak, Rochna, and Cawley were recorded as voting in the negative. The matter of $15,000.00 cut from the budget was defeated by a roll call vote of 4 yeas, 7 nays, 0 absent. Councillors Grace, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Centorini, Daly, Lovely, Martineau, McCabe, Nowak, and Rochna were recorded as voting in the negative. Councillor Cawley amended the recommendation of the Coutittee report by adding the words "5/12 of the amount appropriated for fiscal year not be expended until May 15, 1979. Councillor Lovely moved the Question. It was so voted. Councillor Cawley's amendment was voted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Centorino, Grace, Nowak, O'Keefe, Usovicz, and Cawley were record ad as voting in the affirmative. Councillors Daly, Lovely, Martineau, McCabe, and Rochm- &I N--re recorded as voting in the negative. Councillor Nowak amended that no one receive more than six (6) weeks pay from outh Opportunity Funds. Councillor Grace seconded the motion. Councillor Grace amended Councillor Nowak's amendment to exclude Water Safety Instructors. No one seconded the motion. The amendment was defeated. Councillor McCabe stated that Councillor Nowak's amendment was out of order. rhe Chair ruled that Councillor Nowak's amendment was not out of order. Councillor Aartineau challenged the ruling of the Chair. The ruling was:,upheld by a roll call vote 4�8 JUNE 6, 1978 of 5 yeas, 6 nays, 0 absent. Councillors Lovely, Martineau, McCabe, Rocbna, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, Daly, Grace, Nowak, O'Keefe, and Cawley were recorded as voting in the negative. Councillor Daly moved the question. It was so voted. Councillor Usovicz was recorded as opposed. Councillor Nowak's amendment on no more than six (6) weeks per individual was defeated. ��llll The recommendation of the Finance Co mittee, as amended by the City Council was so voted. (444) Cemetery Department Councillor Rochna moved for immediate reconsideration of the vote taken on the Expense portion of the Cemetery Department Budget. Reconsideration was denied by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Daly, Grace, McCabe, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, Lovely, Martineau, Nowak, O'Keefe, and Cawley were recorded as voting in the negative. (484) Park Department Councillor McCabe served notice of reconsideration of the Park Department #511 Omitted in error Budget at the Thursday, June 8, 1978 meeting. 512 Xerox All Departments ORDERED: That the Annual Appropriation for Xerox-All Departments shall be $17,000.00. Voted Councillor McCabe assumed the Chair for Councillor Cawley. Councillor Cawley moved for immediate reconsideration for all budgets that were acted upon this evening. Reconsideration was denied. On the motion of Councillor O'Keefe, the meeting adjourned at 12:01 A.M. i I ATTEST: JOSEPHINE R. FUSCO CITY CLERK ANN I� i JUNE 7, 1978 t PUBLIC HEARING A Public Hearing was held in the Council Chamber on Wednesday, June 7, 1978 at 8:00 P.M. for the purpose of hearing citizens who wish to address the issue of the proposed Ordinance amending Boats and Waterways, establishing Mooring Fees. Notice of this meeting was posted on June 2, 1978 at 3:27 P.M. and advertised in the Salem Evening News on June 2, and 6, 1978. )� There was no one absent. Councillor Joseph M. Centorino, Chairman of the Committee on Ordinances & Legal Affairs presided. There was no one appearing in favor. Speaking in opposition of the Ordinance were the following: Mr. Leopold Fraser informed the Council that he did not own a boat, but he feels bad for those who do. Mr. Paul Fraser stated that the Harbormaster and Assistant Harbormasters get paid, and they only go out when it is sunny. Mr. Everett McGrane felt that it was extravagant to want a new boat, and most Assis- tant Harbormasters were not qualified. Mr. Edward Plecinoga read a petition to the Council stating opposition to this Ord- inance section by section. (Copy of petition with June 7, 1978 meeting) . Mr. John Hayes stated that the Oil Companies will pass off the extra fees on the tax payer. Mr. Francis Remon felt that the Yacht clubs had excellent people taking care of the moorings, and that it was a good set up. Mr. David Beattie, New England Power, informed the Council that the ships that pull into Salem Harbor will pass on this charge to New England Power Company, who in turn will pass on the cost to the consumer. Mr. Don Curtis went on record as opposing this Ordinance, stating that everyone will end up paying for the boat owners, via New England Power Company. Mr. James Bimbo wished to be recorded as opposed. The meeting recessed at 9:05 P.M. & reconvened at 9:10 P.M. Mr. John Whitehead said that the Council once had charge of the Harbor, then the State took it over. Why not get the money from the state. On the motion of Councillor Nowak, the meeting adjourned at 9:35 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK r � ,.y 490 JUNE 8, 1978 REGULAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 8, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 2, 1978 at 3:27 P.M. There was no one absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous ting. It was so voted. 513 YAnthonyas a member of the Conservatio pt. Anthony M. Feeh The Mayor s appointment of Att Anthem M. Feeherry nservation Commission Commission for a term expiring March 1, 1979, replacing Mary Ellen Pelletier who has resigned, was held until the next meeting under the rules. The Chair ruled that all appointments made by the Mayor be held until the next meeting under the rules. pt. Norman 514 C'. Tache The Mayor's appointment of Normae C. Tache as a member of the Council on Aging for uncil on Aging a term expiring October 1, 1978, replacing Mr. William F. Quinn who has resigned was held until the next meeting under the rules. # 515 lpt. Rose A.M. Gallant The Mayor's appointment of Rose A.M. Gallant as a member of the Council on Aging Council on Aging fora term expiring October 1, 1980, replacing Marguerite Martin who has resigned, was held until the next meting under the rules. 516 pt. Robert F. Dionne The Mayor's appointment of Mr. Robert F. Dionne as an Associate member of the Assoc. Member Bd. of Appeal Board of Appeal, replacing Mr. Jams H. Boulger who has become a full member, was held until the next meting under the rules. Appt. Thomas J. Coan 517 The Mayor's appointment of Mr. Thomas J. Coan as a voluntary Assistant Harbormaster `t�Voluntary Asst. Harbor-master was was held until the next meeting under the rules. Appr. Pension Fund 518 The following Order, recommended by the Mayor, was adopted under suspension of the Expense Fund, Workmen's Coup. Military Leave rules. ORDERED: That the stun of One Million Three Hundred Seventy Thousand Four Hundred Eighty-Four Dollars and Fifty-one Cents ($1,370.484.51) be and the same is hereby appropriated from the "Revenue Fiscal 1979" Account to the following Contributory Retirement System Accounts: kTo the "Pension Fund" Account the sum of One Million Three Hundred Thirty-TW10 Thousand Six Hundred Dollars ($1,332,600.00) . To the "Expense Fund" Account the sum of Thirty Three Thousand Seven Hundred Fifty-Nine Dollars ($33,759.00) . To the "worlanen's Conpensation Fund" Account the sum of Three Thousand Four Hundred Ninety-Five Dollars and Thirty-Four Cents ($3,495.34) . To the "Military Leave Fund" Account the sum of Six Hundred Thirty Dollars and Seventeen Cents ($630.17) . 491 ; JUNE 8, 1978 519 The following Order, recommended by the Mayor, was adopted under suspension of the Appr. Firemen's Payroll rales. ORDERED: That the sun of Seventy Thousand Dollars ($70,000.00) be and the same is hereby appropriated from the "Public Law #94-369 Title II" Account to the "Firanen's m OR Payroll" Account in accordance with the recommendation of his honor the Mayor. 520 The following Order, reccnuiended by the Mayor, was referred to the Committee on Appr. Workmen's Camp. Medical Finance. ORDERED: That the sum of Seventeen Thousand Eight Hundred Eighty-Two Dollars and Fifty Cents ($17,882.50) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Workmen's Compensation - Medical" Account in accordance with the recommendation of His Honor the Mayor. 521 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Personnel Bills Finance. ORDERED: That the sun of Two Thousand Five Hundred Thirty-Eight Dollars and Fifty a Cents ($2,538.50) be and the same is hereby appropriated fran the "Surplus Revenue" Account to the "Personnel - Bills" Account in accordance with the recomnendation of His Honor the Mayor. 522 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Data Processing Finance. ORDERED: That the sun of Two Thousand Three Hundred Seventy-Nine Dollars and Nine Cents ($2,379.09) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Data Processing - Salaries" Account in accordance with the recommenda- tion of His Honor the Mayor. 523 The following Order, recd mlended by the Mayor, was adopted under suspension of Appr. North Shore Elder Services, Inc. the rules. ORDERED: That the sun of One Thousand Eighty-Seven Dollars and Seventy-Four Cents ($1,087.74) be and the same is hereby appropriated from the "Meals for the Aged Title VII" Account in order to pay "North Shore Elder Services, Inc." in accordance with the recommendation of His Honor the Mayor. 524 The following Order, recommended by the Mayor, was referred to the Caianittee on Trans. Health Hospital Bills Finance. ORDERED: That the sun of Ninety-Nine Thousand Four Hundred Ninety-Nine Dollars and no Cents ($99,499.00) be and the same is hereby transferred from the "Health Hospital Salaries" Account to the "Health Hospital Bills" Account in accordance with the reconmendation of His Honor the Mayor. 525 A communication was received from the Mayor relative to the Council Omer ordering Canm. re: Park Dept. constructing Sun Roof the Park Department to construct a Sun Roof at the Juniper Cove Playground. On the at Juniper Park 492 JUNE 8, 1978 motion of Councillor Nowak, the canmmication was received and filed. Appt. Constables 526 The Mayor's appointment of the following as Constables in the City o7for a term of one year beginning June 15, 1978, was received and filed. Richard C. Blanchard, Sr. , 106 Leach Street, Salem William Mahoney, 4 DiBiase Street, Salem i Reappt. Constables 527 The Mayor's reappointment of the following as Constables in the City of Salm for a term of one year beginning June 15, 1978, was received and filed. James Bennett, 16 Crombie Street, Salam Everett Buckley, 9 Cedar View Street, Salam Norman Bishop, 2 Cedar View Street, Salah 528 Resolution Speed Zones Councillor Nowak introduced the following Resolution which was adopted by a unan- Salem Willows Area imus roll call vote. RESOLUTION RESOLVED: That the Salem City Council adopt a resolution requesting the Massachusetts Depart- meet of Public Works to survey and allow the following streets or parts of a street to be legally regulated as per the following special speed regulations. Derby Street - from Orange St. to Fort Ave. Easterly .05 - 20 MPH Fort Avenue - from Webb St. to Memorial Dr. Easterly .02 - 25 MPH from Memorial Dr. to Webb St. Westerly .02 - 25 MPH from Memorial Dr. to Winter Island Rd. Easterly .05 - 30 MPH from Winter Island Road to Memorial Dr. Westerly .05 - 30 MPH , from Winter Island Road to Bayview Ave. Easterly .02 - 25 MPH from Bayview Avenue to Winter Island Rd. Westerly .02 25 MPH I I' Memorial Drive - from Fort Ave. to Essex. St. Ext. Northerly .02 - .20:-MPH from Essex St. Ext. to Fort Ave. Southerly .02 - ,20 MPH from Essex St. Ext. to Restaurant Row Easterly .04 --25 MPH from Restaurant Row to Exxes St. Ext. Westerly .04 --;25_MPH Webb Street - from Essex St. to E. Collins St. Northwesterly .02 - 20 MPH from E. Collins St. to Essex St. Southeasterly .02 - 20 MPH ! 529 Speed Zones Cabot St. Councillor Martineau introduced the following Resolution which was adopted by a unanimous roll call vote. RESOLUTION RESOLVED: That the Salam City Council adopt a Resolution requesting the Massachusetts Depart- ment of Public Works to survey and allow the following Streets or parts of a street to be legally regulated as per the following special speed regulations. Cabot Street, Northbound, beginning at the junction of Roslyn Street thence north- i 443 JUNE 8, 1978 erly for a total distance of .02 miles at 20 (twenty) miles per hour. Cabot Street, Southbound, beginning at the junction of Cedar Street, thence south- erly for a total distance of .02 miles at 20 (twenty) miles per hour. 530 Councillor Martineau introduced the following Ordinance which was adopted for First Passage Ordinance first passage. S. 49 Isolated Stop Sign Cabot & Hancock St. Do In the year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 49 of the Revised Ordinances of the City of Salem 1952, is hereby further amended by adding the following streets in alphabetical order. Northerly bound traffic on Cabot Street at Hancock Street. Southerly bound traffic on Cabot Street at Hancock Street. Section 2. This Ordinance shall take effect as provided by the City Charter. 531 Councillor Daly introduced the following Order which was adopted. Council Pres. set up C Re: Traffic Problems ORDERED: That the Salem City Council President set up a Committee for the pur- Salem State College Area pose of looking into possible solutions of the parking problem in the vicinity of Salem State College, both north and south campuses. That the committee be made up of the following: A. Ward 7 Councillor B. Two residents of the Salem State College vicinity C. The Salem Police Traffic Officer or his designee D. The designee of the President of Salem State College. That the Councillor of Ward 7 serve as Chairman. 532 Councillor Centorino introduced the following Order. Councillor Martineau moved Engineer Receive bids disconnecting catch that it be referred to the Committee on Finance. The motion was defeated. Councillor basins Columbus Ave. Nowak was recorded as voting "present". The Order was adopted. Councillor Nowak was recorded as voting "present". ORDERED: That the City Engineer receive bids and award a contract to the lowest responsible bidder to disconnect existing catch basins from the Columbus Avenue sewer line in accordance with the attached plan upon attainment of an easement from property owners of #118 Columbus Avenue. Funds from "Sewer Use Charges, Reserved for Appropriation" shall be used for this Purpose. 533 Councillor Martineau introduced the following Order which was adopted for first First Passage Ordinance S. 13 Service Zone Passage. Lafayette Street In the Year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance relative to Traffic (Service Zone) Be it ordained by the City Council of the City of Salem as follows: 494 JUNE 8, 1978 Section 1. Chapter 15, Section 13 of the Revised Ordinances of the City of Salem 1952 is hereby further amended by adding the following street in alphabetical order. Lafayette Street, easterly side, beginning at a point twenty (20) feet from the intersection of Leach Street and Lafayette Street and extending in a northerly direc- tion for a distance of seventy-three (73) feet. Section 2. This Ordinance shall take effect as provided by the City Charter. 534 Resolution: Councillor ROchna introduced the following Resolution which was adopted by a unan imous roll call vote. RESOLUTION RESOLVED: WHEREAS, Congress has enacted legislation instructing the environmental protectio Agency to adopt Rules & Regulations for the treatment of sewage, and WHEREAS, the Environmental Protection Agency has arbitrarily adopted secondary treatment as the minimum acceptable treatment level regardless of the need set or lack of benefit to the environment, and WHEREAS, the operation and maintenance of a secondary treatment plant will add $3,000,000.00 per year to the assessments of Peabody, Salem, Danvers, Beverly, and Marblehead, and WHEREAS, the added assessments will cause the existing sewer use charges of the con m unities to increase in excess of 1000, and WHEREAS, the industries in the communities will have to pay Industrial Cost Recovery Charges based on the 75% Federal Share of the $40,000,000.00 Secondary Treatment Plant, and WHEREAS, These payments will force many industries to close, causing loss of thousands of jobs (attached is a list of some of the estimated Industrial Cost Recove Charges) , and WHEREAS, the Mayor and the City Council of the City of Salem, in these difficult economic times, are fully conscious of the need of both the taxpayer and the environ- ment, and WHEREAS, the intent of Congress, to allow for a waiver of the requirement for Secondary Treatment, is frustrated by the Environmental Protection Agency exercising authority delegated by Congress, in a manner we consider capricious and arbitrary, ` and, THEREFORE, the City Council of the City of Salem requests that Congress declare a moratorium on the mandate for Secondary Treatment, and that an immediate study be undertaken to evaluate the needs, benefits and economic impact of the existing Water Pollution Control laws and Rules and Regulations. This study should be performed by someone other than the Environmental Protection Agency since that Agency has an obvious prejudicial interest in adopting excessive and unrealistic regulations. 435 JUNE 8, 1978 Additional Public Hearings should be held at the grass roots level to properly inform the public of the high cost and insignificant benefits associated with Secondary Treatment of all maring discharges and generalized advanced waste water treatment, and to determine the desirability of amending the Clean Water Act. Representatives of Cities and Towns should be heavily involved in developing the scope of the study. These are the people who have the prime responsibility of comm mi- cating with the public and explaining the reasons for the increases in user costs. It is also requested that Congress cease that practice of passing legislation that allows agencies such as the Environmental Protection Agency to promulgate their own Rules and Regulations that result in the imposition of additional local property taxes. We do not want to see the cleanup of our Nation's waters delayed; however, the litigation and confusion being caused by the existing laws is clearly doing just that. we consider this matter to be of the highest priority and request that it be addressed immediately. BE IT FURTHER RESOLVED: That the City Clerk be and is hereby instructed to forward a copy of this Resolution to President Carter, EPA Administrator Costle, Senators Kennedy and Brooke, and Congressman Harrington, with a request that they inform us as to what they intend to do on the matter of the economic impact of federal regulations on the homeowner through the regressive property tax. 535 Councillor Rochna introduced the following Resolution which was referred to the Resolution RE: Amending S. 9 Article I. U.S. Committee on Ordinances & Legal Affairs. Constitution RESOLUTION RESOLVED: BE IT HEREBY RESOLVED: By the City Council, that it does and hereby recommends to the Congress of the United States that it consider the matter of amending Section 9 of Article I of the Constitution of the United States by inserting after the paragraph, "No capitation, or other direct tax shall be laid, unless in proportion to the census or enumeration herein before directed to be taken", the following paragraph: "No law shall be passed which, either through statutory mandate or delegated bur- eaucratic authority to regulate, shall directly result in the imposition of duties, Imposts, Excises, Capitation, Income, and/or any other direct or indirect tax, or to l� directly cause any such existing levy to be increased, by State Governments or any JPolitical sub-division thereof." BE IT FURTHER RESOLVED: That the City Clerk be and is hereby instructed to forward a copy of this Resolution to Senators Kennedy and Brooke and Congressman Harrington With the request that they inform us as to what they intend to do on the matter of advancing the realization of the proposed constitutional m ejcdmient. 536 (282) Councillor Martineau offered the following report for the Committee on Finance. Aopr. Police Bills It was voted to accept the report and adopt the recommendation. JUNE 8, 1978 The Camattee on Finance to wham was referred the appropriation of $18,000.00 from "Surplus Revenue" to the "Police Bills" Account has considered said matter and would recommend that the appropriation be granted. (280) 537 Appr. Police Payroll Councillor Martineau offered the following report for the Committee on Finance. It was voted to accept the report and adopt the recd uiendation. The Committee on Finance to whon was referred the appropriation of $47,157.07 from "Surplus Revenue" Account to the "Police Payroll" Account has considered said matter and would recammend that the appropriation be reduced from $47,157.07 to $30,000.00, and the appropriation be granted. (950 of 1977) 538 Appr. Personnel Expense Councillor Martineau offered the following report for the Carmi.ttee on Finance. It was voted to accept the report and adopt the recaanendation. The Committee on Finance to whom was referred the appropriation of $2,012.63 from r "Surplus Revenue" Account to the "Personnel Expenses" Account has considered said natter and would recommend that the appropriation be granted. (401) 539 Islands, Rocks, and Shoa Councillor Nowak offered the following report for the Committee on Natural Resources E areas under control of Conservation Commission It was voted to accept the report and adopt the recamendation. The Committee on Natural Resources to whom was referred an Order placing certain Islands, Rocks, and Shoal areas under the jurisdiction of the Conservation CamTRission has considered said matter and would recommend that the order be returned to Committee for further study. 540 Granting Certain License Councillor Grace offered the following report for the Committee on Licenses & Permit;. It was voted to accept the report and adopt the recammendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain Licenses has considered said matter and would recommend that the following be granted. NEW LICENSES TAXI OPERATOR Michael E. Gallagher, 23 Federal Street, Salon John M. Wallace, 15 Central Street, Beverly RENEWALS G TAXI OPERATOR Wayne J. Cyr, 98 Washington Sq. East, Salem Robert F. Moroney, 5 Ropes Street, Salem //►� (355) 541 First Passage Ordinance Councillor Centorino offered the following report for the Committee on Ordinances sewers, Drains, and Sewage Disposal and Legal Affairs. It was voted to accept the report and adopt the recommendation. Councillor Martineau was recorded as voting "present". The Camdttee on Ordinances & Legal Affairs to whom was referred and Ordinance to amend an Ordinance in the Salem Code of ordinances relative to Sewers, Drains, and Sewage Disposal, Chapter 23, has considered said matter and would recommend that the Ordinance be adopted for first passage. i JUNE 8, 1978 7Legal entorino offered the followingreportfortheCommitteeonOrdinances542 (356) Council acceptance of s. It was voted to accept the report and adopt the recommmendation. Act-Chapter 586 Unpaid sewer charges be neau was recorded as voting "present". made tax lien The Committee on Ordinances & Legal Affairs to whon was referred an Act making Certain Unpaid Annual Sewer Charges at tax lien has considered said matter and would recaanend that the act be adopted. 543 A communication was received after the deadline of Tuesday Noon from the Salam SRA supporting petition Redevelopnent Authority supportingthe ex Robt. Maguire to al petition of Robert Maguire to alter existing existing awnings awnings over a public way. The Chair moved to suspend the rules in order that the Council could take action on the ccnuunication. The Communication was received and filed. 544-549 The following new applications were referred to the Committee on Licenses & Taxi Operator Applicat' Permits. Public Guide TAXI OPERATOR Charles E. Harding, 155 Derby Street, Salem Randy Lee Hawkes, 34 Cabot Street, Salem Michael P. Walsh, First Street, Salon PUBLIC GUIDE Eleanor Margolin, 18 Pilgrim Road, Marblehead J John W. Billings, 19 Long Baa Road, Danvers George Meehan, 176 Pine Street, Danvers 550 The Taxi Operator renewal license of John M. Hughes, 5 Butler Avenue, Danvers, Taxi Operator Renewal was referred to the Committee on Licenses & Permits. c: � 1551 The Application of Robert M. Maguire, 5 Central Street, Salam to alter existing FPetition of Robt. to alter awnings awnings on a building over a public way was granted. 552-555 The following Claims were referred to the Committee on Ordinances & Legal Affairs. Claims Marguerite Belanger, 25 Willson Street, Salon David Drake, 60 Derby Street, Saler Patrick J. Dwyer, 13 School Street, Gloucester Mrs. Benjamin Paltinavich, 34 Essex Street, Salon 556 A Petition was received from the Palmer Cove Playground to hold a TAG DAY on DAY Palmer Cove June 17, 1978, after the deadline of Tuesday Noon. Councillor Martineau moved for suspension of the rules in order to take up the natter. There were no objections. On the motion of Councillor Martineau, the TAG DAY license was granted. I j(403) The matter of second and final passage of an Ordinance amending Section 14-52, and Second Passage c� Otdinae mend. Yard Sales 14-53 relative to Yard Sales was taken up. Councillor Grace amended by adding the following new section. i Sec. 14-57. Enforcement. The Police Department shall have cause to enf0r0e this Ordinance. .` c JUNE 8, 1978 t i The amek3ment was so voted. The Ordinance was adopted for second and final passage as amended, so that it shall now read as follows: In the year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance in the Salam Code of Ordinances relative to Sidewalk and Yard Sales Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 14, Article IV, Section 14-52 of the Revised Ordinances of the City of Salam is hereby amended by adding the following words to the first sentence. "at least three (3) days prior to the day of the sale." so that said sentence shall read as follows: Sec. 14-52. Application. Application for license to vend, sell, dispose or display merchandise, goods, wares, produce or vegetables shall be made in writing to the City Clerk at least three (3) days prior to the day of the sale. Section 2. Chapter 14, Article IV, Section 14-53 of the Revised Ordinances of the City of Salam is hereby amended by deleting everything after the word "twice" in the last sen=ence, and inserting in place thereof the following: "in a calendar year." So that said sentence shall read as follows: Sec. 14-53. License fee; term of license. No license shall be granted at the -'same premises more than twice in a calendar year." Section 3. Chapter 14, Article IV of the Revised Ordinances of the City of Salem is hereby amended by adding the following new section. Sec. 14-57. Enforcement. The Police Department shall have cause to enforce this Ordinance. Section 4. This Ordinance shall take effect as provided by the City Charter. (406) Second Passage Ordinance The matter of second and final passage of an Ordinance to amend an Ordinance rela- �� S. 74 Tow Zones Fire Lan five to Traffic, Section 74 Tow Zones, Fire lanes, was then taken up. on the motion of Councillor Grace, the Ordinance was adopted for second and final passage. (407) Second Passage Ordinance The matter of second and final passage of an Ordinance to amend an Ordinance rela- S. Fines Fire Lanes tive to Traffic, Section 17A, Fines Fire Lanes, was then taken up. On the motion of Councillor Grace, the Ordinance was adopted for second and final passage. , (408) Second Passage Ordinance The matter of second and final passage of an Ordinance to amend an Ordinance rela- 49 Isolated Stop Si aite St. at Pierce Ave. tive to Traffic, Section 49, Isolated Stop Signs, Waite Street at Pierce Avenue, was then taken up. On the motion of Councillor Usovicz, the Ordinance was adopted for second and final passage. (409) econd Passage Ordinance The matter of second and final passage of an Ordinance to amend an Ordinance ester^ st. Fines Drinking coholic Beverages upon blishing fines for drinking alcoholic beverages upon a public way, was then taken up. lic Way On the motion of Councillor Nowak, the Ordinance was adopted for second and final passage. i 4 99 �i JUNE 8, 1978 r 410) The matter of second and final passage of an Ordinance to amend an Ordinance Second Passage Ordinanc relative to Traffic, Section 15, Parking Prohibited, Southerly side, Monroe Street, S. 51 Parking Prohibi was Monroe Street South. then taken up. Councillor Grace amended to strike out southerly side and insert west- erly side. The Amendment was so voted. The Ordinance was adopted for second and final p/ as amended so that it shall now read as follows: - In the year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51 is hereby amended by adding the following street in alphabetical order. "Monroe Street, westerly side." Seciton 2. This Ordinance shall take effect as provided by the City Charter. (412) The matter of second and final passage of an Ordinance to amend an Ordinance Second Passage Ordinance amending relative to Compensation of the City Council was then taken up. On the motion of Compensation of City Councillor O'Keefe, the Ordinance was adopted for second and final passage. Council (463) Councillor O'Keefe moved to take from the table the matter of the 1978-1979 budget Harbormaster's Budget for the Harbormaster. It was so voted. 1978-1979 ORDERED: That the Annual Appropriation for the Harbormaster shall be as follows: SALARIES & WAGES $13,400.00 EXPENSES 8,000.00 TOTAL $21,400.00 voted Councillor Nowak moved that the Committee on Finance report be accepted. It was so voted. Adoption of the recommendation of the Committee was so voted. Councillors i Grace and Usovicz were recorded as opposed. (484) The matter of reconsideration of the Park Department Budget for the year 1978-1979 Park Department Budget filed at the Budget meeting of June 6, 1978, was then taken up. Councillor McCabe moved for reconsideration. It was so voted. Councillor McCabe moved to restore the following items: (1) "Expenses" in the amount of $35,938.75 (2) "Special Items" in the amount of $39,100.00 Councillor Grace seconded the motion. Councillor McCabe assumed the Chair for Councillor Cawley, Councillor Martineau moved the question. It was defeated by a roll call vote of 1 yea, 10 nays, 0 absent. Councillor Martineau was recorded as voting in the affirmative. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the negative. Councillor Cawley resumed the Chair. I Councillor Lovely moved the question. It was so voted by a roll call vote of 7 Yeas, 4 nays, 0 absent. Councillors Daly, Grace, Lovely, Martineau, McCabe, Nowak, and ;i v P u JUNE 8, 1978 4 Rochna were recorded as voting in the affirmative. Councillors CentOrino, O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. The amendment to restore $39,100.00 to "Expenses" was voted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillor Centorino, Daly, Grace, Lovely, Martineau, McCabe Nowak, and Rochna were recorded as voting in the affirmative. Councillors O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. Councillor Martineau moved the question. It was so voted. Councillor Usovicz was recorded "opposed". The amendment to restore $39,938.75 to "Special Items" was voted by a roll call vote of 8 yeas, 3 nays, 0 absnet. Councillors Centorino, Daly, Grace, Lovely, Martin- eau, McCabe, Nowak, and Rochna were recorded as voting in the affirmative. Councillors O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. The Order was adopted as amended. Councillor McCabe moved for immediate reconsideration hoping it does not prevail. Reconsideration denied. AL BUDGET 557 ORDERED: That the amounts specified in the appropriation sheet for the year ending June 30, 1979 in the column as allowed by the Mayor as amended by the City Council be and hereby are appropriated individually and specifically for the use of the several departments and purposes as itemized during the fiscal year and be it further ORDERED: That the total appropriation to be included in the tax levy for the current year and through June 30, 1979 is $32,183,055.86. The Order was adopted by a roll call vote of 8 yeas, 1 nay, 0 absent, 2 present. Councillors Daly, Lovely, Martineau, McCabe, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Nowak was recorded as voting in the negative. Councillors Centorino, and Grace were recorded as voting "present". Councillor Martineau moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. Council President Cawley thanked the Finance Committee, and commended then for a job well done. JURORS T �, Councillor Lovely was appointed to draw ten (10) jurors for the Salem Superior Court July 5, 1978 sitting at Salem. 1. Genevieve C. Carroll, 10, Bentley Street, Housewife 2. Linda McCuen, 10 First Street, Accounting Clerk -ep i 3. Roland A. Berube, 20 Hancock Street, Manager 1 4. Raymond J. Plante, 24 Prince Street, Millwright Mechanic 5. Richard Bisazza, 77 Summer Street, Manager 6. Theresa D. Freeman, 33 Rainbow Terrace, Housewife 71. Joseph C. Stupakiewicz, 26 Williams Street, Maintenance 8. Rose Andrews, 6 Linden Avenue, Cashier 9. Warren C. Haggstrom, 10 Ward Street, Production Follower 10. John M. Atrridge, 29 Osborne Street, Laborer JUNE 8, 1978 On the motion of Councillor Martineau, the meeting adjourned at 9:45 P.M. �l ATTEST: JOSEPH= R. FUSCO CITY CLERK I. I Ii t i i I i ti JUNE 22, 1978 A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 22, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 16, 1978 at 2:52 P.M. Councillor George F. McCabe was absent. President Leonard A. Cawley, Jr. presided. Councillor Lovely moved to dispense with the reading of the record of the previous meeting. It was so voted. Councillor Grace requested and received unanimous consent to take up the matter of the Mayor's appointments under Unfinished Business. (514) pt. Norman C. Tache The Mayor's appointment of Mr. Norman C. Tache as a member of the Council on Aging uncil on Aging for a term expiring October 1, 1978, replacing Mr. William F. Quinn who has resigned, was confirmed by a unanimous roll call vote of 10 yeas, 0 nays, 1 abs. (513) pt. Anthony M. Feeh The Mayor's appointment of Attorney Anthony M. Feeherry as a member of the Conser- nservation Ca[mission vation Commission for a term expiring March 1, 1979, replacing Mary Ellen Pelletier who has resigned, was confirmed by a unanimous roll call vote of 10 yeas, 0 nays, 1 abs. (516) t. Robert F. Dionne The Mayor's appointment of Mr. Robert F. Dionne as an Associate Member of the soc. Member Board of ppeal Board of Appeal, replacing Mr. James H. Boulger who has became a full member, was ref- erred back to the Mayor. (517) pt. Thomas J. Coan The Mayor's appointment of Mr. Thomas J. Coan as a voluntary Assistant Harbormastei oluntary Asst. Harbor- ster was confirmed by a unanimous roll call vote of 10 yeas, 0 nays, 1 abs. (515) pt. Rose A.M. Gallant The Mayor's appointment of Rose A.M. Gallant as a member of the Council on Aging oincil on Aging for a term expiring October 1, 1980, replacing Marguerite Martin who has resigned, was confirmed by a unanimous roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Rochna moved that a letter of cocmendation be sent to Marguerite Martin. Councillor Nowak amended that letters of commendation also be sent to Maly Ellen Pelle- tier, and William Quinn. It was so voted. The motion was adopted as amended. 558 ppt. Marilyn Mysliwy The Mayor's appointment of Ms. Marilyn Mysliwy as a member of the off Street Park- ff Street Park. Calm. ing Commission for a term expiring August 1, 1981, replacing Mr. Richard Cunney who has resigned, was held until the next meeting under the rules. 559 ppt. Dorothy Freeman The Mayor's reappointment of Ms. Dorothy A. Freenan as a member of the Personnel d Beauregard ersonnel Board Board for a term expiring July 15, 1981, was laid on the table. Councillor Martineau was recorded as opposed. The Mayor's reappointment of Mr. Armand F. Beauregard as a member of the Personnel Board for a term expiring July 15, 1981, was laid on the table. Councillor Martineau was recorded as opposed. 5A3 JUNE 22, 1978 560 The following Omer, recd viended by the Mayor, was referred to the Cc mittee on Appr. Help for Abused Women & Children Finance. ORDERED: That the sum of Two Thousand Dollars ($2,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Help for Abused Women \ and Children" Account in accordance with the recommendation of His Honor the Mayor. i 561 The following Order, recommended by the Mayor, was adopted under suspension of the Appr. North Shore Elder rules. Services, Inc. ORDERED: That the sun of One Thousand Seven Hundred Forty - Five Dollars and Fifty Cents ($1,745.50) be and the same is hereby appropriated from the "Meals for the Aged Title VII" Account in order to pay "North Shore Elder Services, Inc." in accordance with the recomundation of His Honor the Mayor. 562 The following Order, reccmnended by the Mayor, was adopted. Trans. Council on Aging Salaries ORDERED: That the stun of Eight Hundred Dollars ($800.00) be and the same is here- by transferred from the "Council on Aging - Expense" Account to the "Council on Aging - Salary" Account in accordance with the recommendation of His Honor the Mayor. 563 The following Resolution, recommended by the Mayor, was referred to the Comti.ttee Resolution submission of financial statement on Community Development. and closeout agreement ' RESOLUTION APPROVING AND AUTHORIZING SUBMISSION OF FINANCIAL SE=MM APPLICA- Heritage Plaza East TION AND EXECUTION OF CLOSEOUT AGREEMENT FOR PROTECT NO. MASS. R-95 WHEREAS, the Salem Redevelopment Authority (herein called "LPA") , with the con- currence of the City of Salem, has undertaken a certain urban renewal project with fin- ancial assistance fron the Department of Housing and Urban Development (herein called "HUD") , which urban renewal project, (herein referred to as "project") is identified as Mass. R-95 and; WHEREAS, the LPA has entered into a Loan and Grant Contract for the purpose of undertaking said projects and the City of Salem entered into a Cooperation Agreement with the LPA for making available financial assistance for projects and; WHEREAS, Section 112 of the Housing and Urban Develognent Act of 1974 (PL 93-383) established a process for the financial settlement of urban renewal projects and the use I� of surplus grant in accordance with regulations promulgated at 24CFR 570.800 and; ' WHEREAS, the LPA has not substantially completed all of the required program activities and the LPA wishes to use surplus grant funds in accordance with HUD regula- tions. Now, Therefore, Be it Resolved By The City Council and the City of Salem as follows; 1. That the City of Salem hereby authorizes and approves the following action by the LPA which will result in the early financial settlement of the aforementioned urban renewal project: JUNE 22, 1978 2. That the Mayor is hereby authorized and directed to execute the Closeout Agreement on behalf of City Council as part of the aforementioned full Application. 3. That this resolution will take effect immediately. 564 Ordinance withdrawing The following Ordinance was received from the Mayor. City of Salm from Labo and Civil Service In the year one thousand nine hundred and seventy-eight An Ordinance clarifying the Status of the City of Salon under the Civil Service laws. Be it ordained by the City Council of the City of Salem as follows: Section 1. So much of Chapter thirty-one of the General Laws, as provides that said Chapter Thirty-one shall apply to all cities shall not apply to the municipality known as the City of Salem. Section 2. The provisions of Section One shall not impair the Civil Service status of any person in a position in the City of Salem which is subject to said Chapter Thirty-One on the effective date of this act. Section 3. This act shall take effect as provided in the City Charter. Councillor Martineau assumed the Chair for Councillor Cawley. Councillor Cawley moved to waive the reading of the Ordinance and Act. It was so voted. Councillor Cawley moved that the matter of First Passage of an Ordinance clarifying the status of the City of Salem under the Civil Service Laws, and the accompanying draf of an Act clarifying the status of the City of Salem under the Civil Service laws stand referred to a special commission to be comprised of as follows: 1. The Mayor or his designee 2. The Data Processing Director or his designee 3. The Director of Personnel or his designee i 4. The City of Salem's labor Negotiator or his designee 5. The City Solicitor or his designee 6. The Director of the Shaughnessy Hospital or his designee 7. Two City of Salem Public Employees to be named by the Council President 8. Three City Councillors to be named by the Council President one of venom shall serve as chain. Said Commission to study the above amendment and draft Act and to report back their recoomnendations to the full Council no later than November 15, 1978. Councillor Grace amended Councillor Cawley's motion to include the President of Local 1818 City Workers, the President of the Police Union, and the President of the Fire Union. Councillor O'Keefe moved to amend Councillor Grace's motion to amend Councillor Cawley's motion by deleting #4, The City of Salem's Labor Negotiator or his designee, and by inserting the President of local 1818 or his designee, the President of the JUNE 221 1978 Police Union or his designee, and the President of the Fire Union or his designee. Councillor Centorino roved to split the question. It was so voted. Councillor O'Keefe's amendment to delete the City of Salem's Labor Negotiator or his designee was voted by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Daly, Grace, Lovely, Nowak, O'Keefe, Roclnna, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, Martineau, and Cawley were recorded as voting in the negative. Councillor McCabe was absent. Councillor O'Keefe's amendment to insert the President of Local 1818 or his desi- gnee, the President of the Police Union or his designee, and the President of the Fire Union or his designee was so voted by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Centorino, Daly, Grace, Lovely, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. Councillor McCabe was absent. Councillor Cawley's main motion to refer the Ordinance to the Special Commission as amended was so voted. Councillor Martineau was recorded as opposed. The Commission shall now be comprised of as follows: 1. The Mayor or his designee 2. The Data Processing Director or his designee 3. The Director of Personnel or his designee 4. The President of Local 1818 or his designee 5. The President of the Police Union or his designee 6. The President of the Fire Union or his designee 7. The City Solicitor or his designee 8. The Director of the Shaughnessy Hospital or his designee 9. Two City of Salem Public Employees to be named by the Council President 10. Three City Councillors to be named by the Council President one of wham shall serve as chairman. 565 A communication was received from the Mayor, requesting the City Council classify Classify Philip D. Mor Special Municipal Ehmpl Atty. Philip D. Moran as a "Special Municipal Employee" under Massachusetts General Laws Annotated Chapter 268A, Section 1, Subsection N. Councillor Usovicz moved that the matter be referred to the Committee on Personnel & Salaries. It was so voted. Councillor O'Keefe was recorded as opposed. The Council recessed at 9:00 P.M. and reconvened at 9:05 P.M. 566 The Mayor's appointment of the following Constables for a term of 1 year begin- Constables ning July 1, 1978, was received and placed on file. Edward Mostone, 9 Linda Lane, Nahant Thomas J. Coan, 3 Central Street, Salem 567 The Mayor's reappointment of Charles E. Rehal, Jr. , as a constable for a term Constable beginning June 10, 1978, was received and placed on file. JUNE 22, 1978 A c==itation was received after the deadline of Tuesday Noon relative to the Hydro-Dredge Contract. Councillor Centorino moved for a one minute recess. It was so voted Councillor Grace moved for suspension of the rules in order to take up the matter of the Hydro-Dredge Contract. Councillor Nook objected. The matter was not properly before the Council. (See next meeting July 13, 1978) . Appr. City Clerk 568 Councillor Centorino introduced an Appropriation of $9,000.00 from "Surplus Revenu " Salaries to "City Clerk Salaries". The Chair ruled that the matter is out of order. Councillor O'Keefe requested and received unanimous consent to refer back to Cormunications from the Mayor in order to take up the matter of the Appropriation. Councillor Centorino moved suspension of the rules. There were no objections. The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Nine Thousand Dollars ($9,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "City Clerk's Salaries" Account in accordance with the recomiendation of His Honor the Mayor. 569 First Passage Ordinance Councillor Grace introduced the following Ordinance. Councillor Daly moved that Service Stations provid Air Ptnmp it be referred to the Cocmittee on Licenses & Permits. Motion was defeated. Councillor Usovicz amended to adopt the Ordinance for first passage and refer it to the Comaittee on Licenses & Permits. It was so voted The Ordinance was adopted for first passage and refered to the Canuittee on Licenses & Permits. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relating to "Licenses" Be it ordained by the City Council of the City of Salon, as follows: Section 1. Chapter 15 of the Salon Code of Ordinances is hereby amended by adding to it the following section. Section 15 - Operative Air Pump as a condition of a Fuel Storage Permit. The approval of any license or permit to store fuel for the purposes of retail sale to the public, or the approval of any application for the renewal or reissuance of any license or permit to store fuel for the purpose of retail sale to the public, shall be conditioned upon the installation and continuing maintenance and operation on the licensed premises of an AIR PUMP for the use of the general public without a fee or charge for the use thereof. The failure to keep the Air PmV operative and available to the general public for more than seventy-two (72) consecutive business hours shall constitute a violation of the condition of the license or permit sufficient to result in the revocation of the said license or permit. Section 2. This Ordinance shall take effect as provided by City Charter. 507 JUNE 22, 1978 570 Councillor Centorino introduced the following Order which was adopted. Park Crnmissioners review regulations for ORDERED: That the Board of Park Commissioners review its regulations relative closing City Parks to the closing of city parks, and make such amendments to said regulations as it may deem appropriate, for the purpose of establishing closing times for each city park which reflect a realistic awareness of the public use of each park and which can be 1 adequately enforced. 571 Councillor Grace offered the following report for the Committee on Licenses & Granting Certain License Permits. It was voted to accept the report and adopt the recomnendation. The Committee on Licenses & Permits to wham was referred the matter of granting certain licenses has considered said matter and would recam¢mmend that the following be granted. NEW LICENSES TAXI OPERATOR Charles E. Harding, 155 Derby Street, Salem Randy Lee Hawkes, 34 Cabot Street, Salem Michael P. Walsh, First Street, Salon PUBLIC GUIDE Eleanor Margolin, 18 Pilgrim Road, Marblehead John W. Billings, 19 Long Bow Road, Danvers George Meehan, 176 Pine Street, Danvers RENEMUS TAXI OPERATOR John M. Hughes, 5 Butler Avenue, Danvers 572 Councillor Centorino offered the following report for the Committee on Ordinance rdinance Obstructing Sidewalks and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances & Legal Affairs to wham was referred an Ordinance to amend an Ordinance relative to obstructing sidewalks has considered said matter and would recom end adoption of the following Ordinance. 573 In the year one thousand nine hundred and Seventy-Eight First Passage Ordinance Obstructing Sidewalks An Ordinance to amend an Ordinance relative to obstructing sidewalks Be it ordained by the City Council of the City of Salam, as follows: Section 1. Chapter 26 of the Salem Code of Ordinances is hereby amended by adding the following Section. Section 26-9A OBSTRUCTIONS BY SHRUBBERY "No tenant, occupant, or owner having the care of any building or lot of land bordering on any street, lane, court, square, or public place within the city shall allow any bushes, shrubbery, or any other form of plant growth to obstruct the safe passage of any pedestrian on any such street, lane, court, square, or public place within the City." Section 2. This Ordinance shall take effect as provided by City Charter. i i JUNE 22, 1978 (521) 574 Appr. Personnel Bills Councillor Centorino offered the following report for the Committee on Finance. It was voted to accept the report and adopt the recommendation. Councillor Grace was recorded as opposed. The Conmittee on Finance to whom was referred the appropriation of $2,538.50 frau "Surplus Revenue" to the "Personnel - Bills" Account has considered said matter 10 and would recomnend that the appropriation be granted. (524) 575 Trans. Health Hospital Councillor Centorino offered the following report for the Committee on Finance. Bills It was voted to accept the report and adopt the recommendation. Councillors O'Keefe and Nowak were recorded as opposed. The Committee on Finance to wham was referred the transfer of $99,499.00 from the "Health Hospital - Salaries" Account to the "Health Hospital - Bills" Account has considered said matter and would recommend that the transfer be granted. (522) 576 Appr. Data Processing Councillor Centorino offered the following report for the Committee on Finance. Salaries It was voted to accept the report and adopt the recommendation. Councillor Nowak was recorded as opposed. The Committee on Finance to wham was referred the appropriation of $2,379.09 from the "Surplus Revenue" Account to the "Data Processing - Salaries" Account has considered said matter and would recommend that the appropriation be granted. (520) 5. Appr. Workmen's Comp. Councillor Centorino offered the following report for the Committee on Finance. Medical It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the appropriation of $17,882.50 from "Surplus Revenue" Account to the "Workmen's Comnpansation - Medical" Account has considered said matter and would recommend that the appropriation be granted. Committee on Realigrmmt Councillor Usovicz offered the following Oral Report as Chairman of the Committee Oral Report on Realignment. He stated that his committee approved the plan which he, as Chairman, drew up. The Plan will contain 6 wards. All the Ward lines have been redrawn, but upsetting the least amount of people in the City. The Committee on Realignment plans to have a Public Hearing, and hopes all Councillors will attend. A map on the proposed Ward lines will be on display in the City Clerk's office, and if any Councillors have questions, they should get in touch with Councillor Usovicz. 578 from Donald Famico A communication was received from Donald Fammico, Dog Constable, relative to upgrad- Dog Constable re: Up- grading his position ing his position to Job Group 8. On the motion of Councillor Usovicz, the matter was referred to the Committee on Personnel & Salaries. Councillor Grace was recorded as voting "present." fr. Off Street A communication was received from the Off Street Parking Commission after the Parking deadling of Tuesday Noon. Councillor Grace moved for suspension of the rules. Council- lor O'Keefe objected. The matter was not before the Council. (See Next Meeting) ,,� JUNE 22, 1978 579 An invitation was received from the Heritage Days Committee inviting the Council Invitation to Partic- ipate to participate in the Annual Heritage Days Parage on August 20, 1978 at 1:00 P.M. Par dean Heritage Days Councillor Nowak moved that a favorable reply be sent back to the committee. It was s voted. (AVL 580 The application of the Civil Air Patrol for a Tag Day in the City of Salam on TAG DAY DENIAL July 14, and July 15, was denied. CIVIL AIR PATPOL 581 The application of the residents of Witch Way and Puritan Road to hold a Block Block Party Puritan Rd. & Witch,Way Party on July 4, 1978, was approved on the motion of Councillor Grace. 582 The application of the Residents of Eden Street to hold a Block Party was Block Party Eden St. received. Councillor O'Keefe moved that it be granted. Councillor Rochna amended that it be held from 10:00 A.M. to 7:00 P.M. on July 3, 1978. It was so voted. The application was approved as amended. 583 The Taxi Operator application of James Christopher Pirie, 96 Fontaine Street, Taxi Operator Marlboro, Mass. , was referred to the Committee on Licenses & Permits. 584 The following Taxi Operator Renewals were referred to the Committee on Licenses Taxi Operator Renewals and Permits. Walter J. Coan, 6 Conners Road, Salem Louis J. Morin, Jr. , 6 Glover Street, Salem 585-590 The following Claims were referred to the Committee on Ordinances & Legal Affairs Claims Nora Barrett, 7 Patton Road, Salam Patricia Browne, 7 Neptune Street, Beverly Mark H. Chapman, 5 Kernwood Avenue, Beverly Thomas M. Lemieux, 15 Turner Street, Salon Steven R. Makar, 116 Argilla Road, Ipswich Roy T. Walsh, 5 Prescott Rod, Lynn 591-593 The following Sign Bonds were referred to the Committee on Rules & Bonds and ret- Sign Bonds urned approved. Nancy L. Hayes Craft Gallery, 105 Essex Street JCrow Haven Corner, A Witch Shop, 125 Essex Street Anderson & Vining Salmakers, Inc. , 155 Derby Street (355) The matter of second and final passage of an Ordinance amending Chapter 23 rela- SECOND PASSAGE Amend. Chap. 23 Sewers, tive to Sewers, Drains, and Sewage Disposal was then taken up. On the motion of Drains, and Sewage Disp Councillor Grace, the Ordinance was adopted for second and final passage. (530) The matter of second and final passage of an Ordinance amending Traffic Section SECOND PASSAGE S. 49 Isolated Stop 49 Isolated Stop Signs Cabot Street & Hancock Street, was then taken up. on the motion Sign Cabot & Hancock St Of Councillor O'Keefe, the Ordinance was adopted for second and final passage. JUNE 22, 1978 (533) SECOND PASSAGE The matter of second and final passage of an Ordinance amending Traffic Section SERVICE ZONE S. 13 Lafayette Street 13 Service Zone, Lafayette Street, from corner of Leach Street and Lafayette Street was then taken up. On the motion of Councillor O'Keefe, it was adopted for second and fins passage. 594 Appr. Federal Revenue The following Order, recommended by the Mayor, was adopted. J Sharing Funds Acct. to (Debt Account ORDERED: That the sun of One Million Three Hundred and Eighty Thousand Dollars ($1,380,000.00) be and the same is hereby appropriated from the "Federal Revenue Shar" Funds" Account to the "Debt" Account in accordance with the recommendation of His Honor the Mayor. Councillor Usovicz moved for immediate reconsideration hoping it does prevail. Reconsideration was denied. On the motion of Councillor O'Keefe, the meeting adjourned at 9:50 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 1 C C { Pa JUNE 26, 1978 SPECIAL MEETING A Special Meeting of the City Council was held in the Council Chamber on Monday, June 26, 1978 at 7:15 P.M. for the purpose of taking action on the Finance Committee's report relative to an appropriation in the amount of $2,000.00 from "Surplus Revenue" to "Help for Abused Waren and Children". Notice of this meeting was posted on June 23, 1978 at 9:00 A.M. Councillors McCabe and Nowak were absent. \ President Leonard A. Cawley, Jr. presided. Councillor Martineau moved to dispense with the reading of the record of the previous meeting. It was so voted. 595 (560) Councillor Martineau offered the following report for the Committee on Finance. Appr. "Help for Abused Waren & Children" The Committee on Finance to whom was referred the appropriation of $2,000.00 from the "Surplus Revenue" Account to the "Help for Abused Women & Children" Account has considered said matter and would recommend that the appropriation be granted. Councillor Lovely amended the Committee report that the Help for Abused Waren and Children report monthly to the full City Council as to the activities of the group, and the Finance Committee is to review this program no later than May 15, 1979. The report was accepted as amended. The recommendation was adopted by a roll call vote of 8 yeas, 1 nay, 2 absent. Councillors Centorino, Daly, Grace, Lovely, O'Keefe, Rocbna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. Councillors McCabe and Nowak were absent. Councillor Grace moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. On the nation of Councillor Grace, the meeting adjourned at 7:30 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK �u`I 512 JULY 5, 1978 PUBLIC HEARING A Public Hearing was held in the Council Chamber on Wednesday, July 5, 1978 at I 7:30 P.M. for the purpose of hearing citizens who wish to address the Council onthe issue of realignment of the Wards and Precincts in the City of Salm. Notice of this meeting ,was posted on June 30, 1978 at 2:52 P.M. , and advertised in the Salem Evening News on June 28, and July 5, 1978. Absent were Councillors Lovely, McCabe, Rochna, Nowak, and Cawley. Councillor Stanley J. Usovicz, Jr. , Chairman of the Committee on Realignment presided. In attendance were the following residents. Mrs. Jean Burke, 36 Beaver Street, Salem, and Mrs. Joan Sweeney, 22 Beaver Street Mrs. Joan Sweeney introduced a petition to the Council with the signatures of fifty-two (52) residents as being opposed to changing Beaver Street and Silver Street from Ward Four (4) to Ward Six (6) . Councillor Martineau asked what is the intent of the Committee, and what are the wishes of the Committee as far as realignment is concerned. Will the City be divided into six (6) wards, and five (5) at large Councillors. I Councillor Usovicz replied that the Committee tried to keep as many people as possible in the area that they are presently in. Six (6) wards will give the voting population an opportunity to vote for a majority of the City Council. This plan fits the one man one vote concept. Councillor Grace stated that she voted in favor of the plan in order to get it out of Committee. She stated that she is in favor of seven (7) wards. She explained that she had no idea that this petition was being circulated by the residents of Silver and Beaver Streets. There are approximately One hundred and Twenty (120) residents on: these two streets, and she wants to keep that area in Ward four (4) . Councillor Martineau comnended the Chairman of the Ccnmttee for a job well done. He asked if any other plan had been initiated with seven (7) ward realignment. Councillor Usovicz responded yes, and we are all striving for fair representation and this was the fairest plan. Councillor O'Keefe commended Councillor Usovicz and the Committee for the work that was done. Councillor Centorino spoke in favor of six (6) wards, and said a lot of thought was given to this plan by the Committee. Councillor Usovicz declared the hearing closed at 7:55 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK P JULY 13, 1978 REGULAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, July 13, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on July 7, 1978 at 3:03 P.M. Councillor Jean Marie Rochna was absent. President Leonard A. Cawley, Jr. , presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. 596 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Cemetery Salaries Finance under the rules. ORDERED: That the sum of Thirteen Thousand Seven Hundred Thirty Five Dollars and Seventy-Six Cents ($13,735.76) be and the same is hereby appropriated from the "Revenue Fiscal 1979" Account to the "Cemetery Salaries" Account in accordance with the reconm- endation of His Honor the Mayor. 597 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Police Expense Finance. ORDERED: That the sum of Five Thousand Dollars ($5,000.00) be and the same is hereby appropriated from the "Revenue Fiscal 1979" Account to the "Police Expense" Account in accordnace with the recommendation of His Honor the Mayor. 598 The following Order, recommended by the Mayor, was adopted under suspension of Appr. North Shore Elder Services, Inc. the rules. ORDERED: That the sum of One Thousand Six Hundred and Four Dollars and Thirty- Three Cents ($1,604.33) be and the same is hereby appropriated from the "Meals for Aged Title VII" Account in order to pay the "North Shore Elder Services, Inc." Account in accordance with the recommendation of His Honor the Mayor. 599 An Order of taking was received from the Mayor concerning takings, temporary ORDER OF TAKING Salem Sewer System construction easements, perpetual easements, and rights of way for the purpose of construction, installing, repairing, and maintaining additions to the City of Salem SewEr System. Councillor Martineau moved to waive the reading of the Order of taking. It was so voted. 6p�IJ Councillor O'Keefe moved that the Order of Taking be referred to the Committee on COmmunity Development. It was so voted. 600 An Order of exchange of two small parcels of land on and off Charter Street Order of exchange bet- ween Salem & Peabody between the City of Salem and the Peabody Museum was received from the Mayor. Museum Councillor O'Keefe moved to waive the reading of the Order of exchange. It was so voted. Councillor McCabe requested unanimous consent to allow Attorney Berkal to speak relative to this matter. Councillor O'Keefe objected. 51.4 E JULY 13, 1978 Councillor Grace moved to a two minute recess. It was so voted. The Council recessed at 8:10 P.M. and reconvened at 8:12 P.M. Councillor O'Keefe requested and received unanimous consent to withdraw his objection. Councillor O'Keefe requested and received unanimous consent to allow Attorney Berkal to speak. Councillor O'Keefe moved that the Order of exchange be referred to the Committee on Community Development. It was so voted. 601 Mayor requesting eaten- A cam unication was received from the Mayor relative to an extention of the tion of Hydro-Dredge Contract Hydro-Dredge Contract. Councillor Nowak moved that the extention be denied. His motion was defeated by a roll call vote of 1 yea, 9 nays, 1 absent. Councillor Nowak was recorded as voting in the affirmative. Councillor Centorino, Daly, Grace, Lovely, Martineau, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. Councillor Rochna was absent. ' Councillor Centorino moved that the extention be granted. It was so voted. Councillor Nowak was recorded as opposed. Councillor O'Keefe was recorded as present. 602 Constable The Mayor's appointment of Mr. Richard Kardonsky, 12 Pope Street, Salem, as a Constable for a term of one (1) year beginning July 15, 1978, was received and filed. 603 constables The Mayor's reappointment of the following Constables in the City of Salem for a term of one (1) year beginning July 15, 1978, was received and filed. James W. Harkins, 261 Newbury Street, Peabody Richard S. Winer, 30 Loris Road, Peabody 604 Constable The Mayor's reappointment of Mr. Robert Blowers, 122 Williams Avenue, Lynn, as a Constable in the City of Salem for a term of one (1) year beginning July 15, 1978 was received and filed. 605 Discontinuance of: A co mmlication was received after the deadline of Tuesday Noon relative to the Ash St. , Rust St. , and Federal St. 606 Discontinuance of Ash Street, Rust Street, and Federal Street, and the Laying Out of Laying Out of: Federal Street, North Walkway, and North Walkway. Federal St. , and North Walkway Councillor Usovicz moved for suspension of the rules in order to place the mattef before the Council. There were no objections. The matter was now properly before the City Council. Councillor Usovicz moved that a hearing be held in July 24, 1978 at 7:00 P.M. It was so voted. Councillor Grace moved to take out of order the matter of the Mayor's appoint- ment of Mrs. Marilyn Mysliwy to the Off-Street Parking Co mission from Unfinished P Business. It was so voted. I JULY 13, 1978 REGULAR MEETING The Mayor's appointment of Mrs. Marilyn Mysliwy as a member of the Off Street (558) Appt. Marilyn Mysliwy Parking Commission for a term expiring August 1, 1981, replacing Mr. Richard Cunney Off Street Park. Comm. who has resigned, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, Nowak, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Rochna was absent. UJMBERS 607, 608, 609, land 610 were not used. 11 Councillor Grace introduced the following Order which was adopted. ity Electrician instal le Mansell Park ORDERED: That the City Electrician make the necessary arrangements to install an additional utility pole at the Mansell Park opposite numbers One (1) and Three (3) Mansell Parkway, and that the Street Light Fixture on the existing pole at numbers one (1) and three (3) be moved to this new pole. 612 Councillor Nowak introduced the following Ordinance which was adopted for first ORDINANCE TRAFFIC S. 1 Service Zone Washingto passage• Street In the year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance relative to Traffic (Service Zone) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 13, Service Zone, is hereby amended by deleting the following: Washington Street, westerly side, beginning at a point ninety-five (95) feet frclr Barton Place in a southerly direction, for a distance of sixty-five (65) feet. Section 2. This Ordiannce shall take effect as provided by City Charter. 613 Councillor Lovely introduced the following Ordinance which was adopted for first ORDINANCE TRAFFIC S.5 Park. Prohib. Cambridg passage pending approval from the Police Traffic Department. Street In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited at certain times on certain streets) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51B, Parking Prohibited at certain times on certain streets, is hereby amended by adding the following in alphabetical order. "Cambridge Street, northeasterly side, from Essex Street to Chestnut Street, Two hour parking limit." Section 2. This Ordinance shall take effect as provided by City Charter. 614 Councillor Daly introduced the following Ordinance which was adopted for first ORDINANCE TRAFFIC 5.49 Isolated stop signs passage. Lussier & Atlantic Sts In the year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs) Be it ordained by the City Council of the City of Salam, as follows: "':71— 516 t JULY 13, 1978 REGULAR MEETING { Section 1. Chapter 15, Section 49, .Isolated Stop Signs, is hereby amended by adding the following: "Southbound traffic on Lussier Street at Atlantic Street." Section 2. This Ordinance shall take effect as provided by City Charter. 615 RDINANCE TRAFFIC Councillor Centorino introduced the following Ordinance which was adopted for AMENDING PRF.AMRLF. S. ¢9 first passage, pending approval from Police Traffic. 43 In the year one thousand nine hundred and seventy-eight. An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 49 is hereby amended by deleting the first two (2) paragraphs in their entirety, beginning with the works "Every driver" and ending with the words "may be:" and inserting in place thereof, the following: "In accordance with the provisions of Chapter 89, Section 9 of the General Laws, the following streets are designated as stop streets at the intersection and in the direction indicated:" Section 2. This Ordinance shall take effect as provided by City Charter. 616 RDINANCE TRAFFIC S.74 Councillor Nowak introduced the following Ordinance which was adopted for first ZONES Curtis St. passage. In the year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance relative to Traffic (Tow Zones) Be it ordained by the City Council of theCity of Salem as follows: Section 1. Chapter 15, Section 74 is hereby amended by adding the following: (z) Curtis Street, beginning at the intersection of Orange Street and Curtis Street and extending in a westerly direction for a distance of seventy-two (72) feet, No Parkin Tow Zone. i Section 2. This Ordinance shall take effect as provided by City Charter. 617 RDINANCE TRAFFIC S. 13 Councillor Usovicz introduced the following Ordinance which was adopted for ERVICE ZONE Church St. first passage. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Service Zone) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 13, Service Zone, is hereby amended by adding the following: "Church Street, southerly sie, beginning at a point seventy-five feet (75') from the easterly side of Washington Street and extending in an easterly direction for a distance of fifty-five feet (55') ." Section 2. This Ordinance shall take effect as provided by City Charter. u JULY 13, 1978 REGULAR MEETING 618 Councillor McCabe introduced the following Resolution which was adopted. Resolution Speed Zone ORDERED: That the attached Resolution concerning 20 MPH Speed Dunlap Street Limit on Dunlap Street be forwarded to the Massachusetts Department of Public Works for appropriate action. RESOLVED: 00 That the Salem City Council adopt the following resolution requesting the Massach- usetts Departient of Public Works to survey and allow the following street to be legall regulated as per the following special speed regulation. DUNLAP Street - Beginning at the junction of School Street thence southeasterly for a total distance of 0.03 miles at 20 miles per hour. DUNLAP Street - Beginning at the junction of Mason Street thence northwesterly for a total distance of 0.03 miles at 20 miles per hour. 619 Councillor Centorino introduced the following Order which was adopted. Councillor City Clerk contact Sec. of State RE: Write in Usovicz was recorded as opposed. and Sticker voting ORDERED: That the City Clerk consult with the Secretary of State for the Cormon- wealth of Massachusetts regarding alternative methods of allowing for write-in and/or sticker voting in all elections conducted within the City, so as to better preserve the i anonymity of the individual voter in such matters as well as provide for a more efficiert system of tabulating write-in and/or sticker ballots. The City Clerk shall report her findings to the City Council and make such recomm- endations to the City Council as she may deem appropriate on or before September 1, 197E . 620 Councillor Martineau introduced the following Order. Councillor McCabe assumed thE Planning Dept. draw up plan for 7 ward realign chair for Councillor Cawley. Councillor Cawley resumed the Chair. The Order was ment defeated. ORDERED: That the Planning Department draw up a plan of Realignment as to divide the voting population by lining the wards and precincts so that there continue to have seven (7) wards in the City of Salem. That the Planning Department present the seven (7) ward realignmient proposal to the Council Committee on Realignment within three (3) weeks. 621 Councillor Usovicz introduced the following Ordinance which was adopted for first ORDINANCE TRAFFIC S.12 Taxi Stand Washington 1 passage. Street In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Taxi Stand) n Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 12, Taxi Stand, is hereby amended by adding the follow- ing: Washington Street, easterly side, beginning at a point twenty (20) feet from the southerly side of Church Street and extending in a southerly direction for a dis- tance of forty-four (44) feet. JULY 13, 1978 REGULAR MEETING Section 2. This Ordinance shall take effect as provided by City Charter. 622 RDINANCE TRAFFIC S. 49 Councillor McCabe introduced the following Ordinance which was adopted for solated Stop Signs shing At Balcomb St. first passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 49, Isolated Stop Signs, is hereby amended by adding the following: "Southwesterly bound traffic on Cusing Street at Balcomb Street." Section 2. This Ordinance shall take effect as provided by City Charter. Pres. request for Councillor McCabe assumed the Chair for President Cawley. tive Session Councillor Cawley made a motion that he be allowed to offer an Order in an Executive Session of the Council to be held prior to adjournment of the Council meeting. He then quoted section 11-B of Chapter 303 of the Acts of 1975 relative to Executive Session which states as follows: "No executive session shall be held until the governmental body has first con- vened in an open session for which notice has been given, a majority of the members of the governmental body have voted to go into executive session and the vote of each member is recorded on a roll call vote and entered into the minutes, the presiding officer has cited the purpose for an executive session, and the presiding officer has stated before the executive session if the governmental body will reconvene after the executive session." Acting President McCabe declared a three minute recess. The Council recessed at 9:15 P.M. and reconvened at 9:18 P.M. The Matter of going to executive session prior to adjournment of the Council meeting for discussing the deployment of security personnel and negotiations of real property was voted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, O'Keefe, and Cawley were recorded as voting in the affirmative. Councillors Nowak and Usovicz were recorded as voting in the negative. Councillor Rochna was absent. President Cawley resumed the Chair. 623 Granting certain Licens s Councillor Grace offered the following report for the Committee on.Licenses & Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted. E NEW LICENSES TAXI OPERATOR James Christopher Pirie, 96 Fontaine Street, Marlboro X19 JULY 13, 1978 REGULAR MEETING RENEWALS TAXI OPERATOR Walter J. Coan, 6 Conners Road, Salem i Louis J. Morin, Jr. , 6 Glover Street, Salem 624 (400) Councillor Centorino offered the following report for the CaTmittee on Ordinances Ordinance amending Boats & Waterways Moor and Legal Affairs. ing fees The Committee on Ordinances & Legal Affairs to wham was referred and Ordinance to amend an Ordinance relating to Boats and Waterways has considered said matter and would reconmend no recommendation by the full committee. Two (2) Committee members, however, would recommend the following: 1. Adoption of the attached Ordinance and accompanying Order 2. Reconmission of the mooring fees and permits to the Committee for further stud . It was voted to accept the report Councillor Centorino moved that Chapter 6, Section 32, entitled "Port Service Fee" be adopted as Chapter 6, Section 31, "Port Service Fee" with the same language as the original ordinance in conjunction with the following Council Order, and that all other portions of this Ordinance on mooring fees and float permits be recommitted for further study. ORDERED: That the City Auditor prepare an account reserved for appropriations for all monies collected by the city as Port Service Fees under Chapter 6, Section 31 of the Code of Ordinances of the City of Salam: and that appropriations from said account shall be used to provide such services as the city or its appropriate agents or employ- ees shall dean appropriate for the proper and adequate maintenance of the city's water- ways. President Cawley ruled the Ordinance and Order could not be acted on simultaneous) 7. Councillor Centorino then moved to amend his original motion (adoption of Section 32 which will now be Section 31) , by attaching the following amendment and recommitting the balance of the Ordinance on Mooring fees and Float Permits back to commnittee. Amendment: The City Auditor shall prepare an Account reserved for appropriations for all monies collected by the City as Port Service Fees under this Section. Appro- priations from said account shall be used to provide such services as the Mayor and City Council shall deem appropriate for the proper and adequate maintenance of the city's waterways. �1 Councillor Nowak moved that the complete package be tabled. b, Councillor Nowak requested and received unanimous consent to withdraw his motion. Councillor Cawley clarified the first vote by stating that it is a vote on recom- muting the matter of mooring fees and float permits back to the Committee on Ordinance and Legal Affairs. It was so voted by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as votin in the negative. Councillor Rochna was absent. i 520 JULY 13, 1978 REGULAR MEETING Councillor Cawley stated that the second matter to be voted upon was the matter of the aunt to Port Service Fees. Councillor Nowak moved that the matter be tabled. The motion was defeated. Councillor O'Keefe moved the question on the amendment. It was so voted. Councillors Nowak and Usovicz were recorded as opposed. The amendment was defeated by a roll call vote of 5 yeas, 5 nays, 1 absent. Councillors Centorino, Daly, Martineau, O'Keefe, and Cawley were recorded as voting in the affirmative. Councillors Grace, Lovely, McCabe, Nowak, and Usovicz were recorded a voting in the negative. Councillor Rochna was absent. Councillor McCabe assumed the chair for Councillor Cawley. Councillor Cawley resumed the Chair. Councillor Grace moved that the Port Service section of the Ordinance be ref- erred back to the Committee on Ordinances & Legal Affairs. Councillor Grace requested and received unanimous consent to withdraw her motio i. Councillor Nowak moved that the matter of the adoption of the Port Service Fee ordinance be tabled until the next regular meeting. It was so voted by a roll call vo of 6 yeas, 4 nays, 1 absent. Councillors Daly, Grace, Lovely, McCabe, Nowak, and Usovi z were recorded as voting in the affirmative. Councillors CentOrinO, Martineau, O'Keefe, and Cawley were recorded as voting in the negative. Councillor Rochna was absent. Councillor Centorino filed notice of reconsideration on the matter of the amen- dment at the next regular meeting. (535) 625 Vnending Constitution Councillor O'Keefe offered the following report for the Connittee on Ordinances krticle I, Sec. 9 and Legal Affairs for Councillor Centorino who was not in favor. It was voted to accept the report. The Coimnittee on Ordinances & Legal Affairs to whom was referred a resolution recommending to the Congress of the United States that it consider the matter of amend- ing Section 9 of Article I of the Constitution of the United States has considered said matter and would recommend that the attached resolutions be adopted. BE IT HEREBY RESOLVED, by the City Council of the City of Salem, that it does and hereby recommends to the Congress of the Unites States that it consider the matter II; of amending Section 9 of Article I of the Constitution of the United States by insertin AA k after the Paragraph, "No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken," the follow- 1 ing paragraph: f "No law shall be passed which, either through statutory mandate or delegated authority to regulate, shall directly result in the involuntary imposition of duties, imposts, excises, capitation, income, and/or any other direct or indirect tax, or to cause any existing levy to be involuntarily increased, by the state governments or any political sub-division thereof." 521 JULY 13, 1978 REGJLAR MEETING RESOLUi'ION BE IT HEREBY RESOLVED, by the City Council of the City of Salem, that it does and hereb recommends to the General Court of the Commonwealth of Massachusetts, that it consider the matter of amending the State's Constitution in the appropriate manner, to provide the following: No law shall be passed which, either through statutory mandate or delegated authority to regulate, shall directly result in the involuntary imposition of duties, imposts, excises, capitation, income, and/or any other direct or indirect tax, or to i cause any existing levy to be involuntarily increased, by any political sub-division i of the Commonwealth." Councillor Martineau moved the question. It was so voted. Councillors O'Keefe and Usovicz were recorded as opposed. Adoption of the Recommendation was defeated by a roll call vote of 4 yeas, 6 na s, 1 absent. Councillors Grace, Nowak, O'Keefe, and Usovicz were recorded in the affir- mative. Councillors Centorino, Daly, Lovely, Martineau, McCabe, and Cawley were recor- ded in the negative. Councillor Rochna was absent. 626 A Communication was received from the Off Street Parking Comission listing Coon. fr. Off Str. Park. RE: locations for Nor possible locations for North Shore Tours, Inc. , to pick up and discharge passengers Shore Tours to pick up & discharge passengers within the City of Salem. On the motion of Councillor Grace, the matter was referred to the Comnittee on Licenses & Permits. 627 The following easement was received from Massachusetts Electric Company to Easement to Mass. Elec. Co. for Pedestrian Over- construct and reconstruct poles adross and upon city awned land across Highland Avenue pass on Highland Ave. c for the Pedestrian Overpass. On the motion of Councillor Grace, the easement was granted. The CITY OF SALEM, a Municipal corporation situated in Essex County, Massachus- etts (hereinafter called the Grantor) acting herein through its mayor and under and by virtue of the power to him in a vote passed at a meeting of its City Council duly callei and held on July 13, 1978 and every other power and authority him thereto enabling, for consideration paid, grants to Massachusetts Electric Company, 20 Turnpike Road, Westborough, MA 01581, a Massachusetts corporation (hereinafter called the Grantee) , with warranty convenants, the perpetual right and easement to construct, reconstruct, repair, maintain, operate and patrol, for the transmission of high and law voltage electric current, a line of poles with wires and cables strung upon and from the same, bi and all necessary foundations, anchors, guys, braces, fittings, equipment, and appur- tenances, over, across, and upon its land in Salem, Essex County, Massachusetts. Said lane to anter from Highland Avenue, a Public Way, and cross to land of the Grantor at Highland and to become established by and upon the final survey and marking thereof by 52� JULY 13, 1978 REGULAR MEETING the Grantee. Said poles are to be used for the street lighting at the pedestrian overpass i at Highland Avenue. Also the perpetual right and easement from time to time without further payment therefor to trim and keep trimmed along said line, such trees and underbrush as may in the opinion of the Grantee interfere with the efficiant and safe operation of the line and to renew, replace, add to and otherwise change the line and each and every part is thereof, and to pass along said line to and from the adjoining lands for all the above purposes and the removal of the line. It is agreed that the line shall remain the property of the Grantee, its successors and assigns, and that the Grantee, it successors and assigns, shall pay all taxes assesSEd thereon. IN WITNESS WHEREOF the City of Salem has caused its Municipal Seal to be hereto ffixed and these presents to be signed in its name and behalf by its mayor, being reunto duly authorized this day of 1978. s/ Jean A. Levesque, Mayor TO FORM: COMMONWEALTH OF MASSACHUSETTS 1978 ssex, ss. Then personally appeared before me the above named Jean A. Levesque and acknowledg e foregoing instrument to be his free act and deed. NOTARY PUBLIC MY COMMISSION EXPIRES 628 Petition fr. Paul Cote A petition was received from Paul Cote, to use the Salem Cannon on July 16, 1978 to use Salem Conran to announce Candidacy for from 1:00 P.M. to 8:00 P.M. to announce his candidacy for State Representative. This State Representative titian was temporarily withdrawn as per a telephone conversation with the City Clerk. TAG DAY 629-636 The following Tag Day applications were received. Councillor Martineau moved that they be denied. Motion was defeated. Councillor Grace moved that they be granted. uncillor Martineau moved that the applications be referred to the Ccn[dttee on License & Permits. The amendment was defeated. The applications were granted. Collins Cove Playground-July 18, 1978 High Street Playground-July 20, 1978 AA Forest River Park-July 21, 1978 Carman Playground-July 27, 1978 of McGlew Park-July 28, 1978 Cabot Farm Park-August 3, 1978 Broad Street Park-August 4, 1978 Witchcraft Playground-August 10, 1978 �I lii 637 Auctioneer Renewals The following Auctioneer Renewal Licenses were Granted. Robert E. Landry, 11 Cambridge Street, Salem Earl M. Nelson, 20 Northend Avenue, Salon JULY 13, 1978 638-644 The following Taxi Operator Applications were referred to the Ca uttee on TAXI OPERATOR Licenses & Permits. David LaBranche, 49 Lawrence Street, Salem Thomas D. Reynolds, 5 Sumner Street, Salem Marjorie M. Palmquist, 68 Preston Street, Wakefield Jay Sanderson, 117 Rainbow Terrace, Salem Virginia Lee Collins, 3 Meadow Street, Salem Albert Hill, 172 Washington Street, Gloucester Gale Sylvester, 3 Prince Street Place, Salem 645 The Taxi Operator Renewal Application of Mario Salvatore, 192 Washington St. , Taxi Operator Renewal Peabody, was referred to the Committee on Licenses & Permits. 646-662 The following Public Guide Applications were granted. Public Guide Julie Hiltunen, 73 Proctor Street, Salem Lisa M. Denis, 4 Champlain Road, Salem William Bresnahan, Jr. , 15 Sutton Avenue, Salem Norma J. Crean, 2 Carell Road, Peabody Philip Durgin, 25 Emerson Street, Peabody David Sunderland, 25 Emerson Street, Peabody Bob Machado, 21 Balcomb Street, Salem Madeline Doda, 58 Felt Street, Salem Faith-Anne Coley Rybicki, 16 Trinity Street, Danvers Douglas Woods, 7 Moulton Avenue, Salem Tim Tobin, 2 Grant Road, Salem Marlena Hewitt, 18 Verdon Street, Salem Robin Harris, 6 Orchard Street, Salem Julie Fournier, 5A Cleveland Road Ext. , Salem Deborah M. Pelletier, 20 Scenic Avenue, Salem Diane Cushman, 20 Bradlee Road, Marblehead Lori LeFleur, 8 Dearborn Street, Salem 663 The Drainlayer Renewal License of Linskey Construction Company, 8 Loring Ave. , Drainlayer Renewal Salem, was granted. 664 The request of John D. Galaris to transfer his License of a Cue and Billiard Reg. for Transfer of Lic Cue & Billiard Lounge Lounge to Mr. Michael Mason and Mr. David Zanchi was referred to the Cannittee on John Galaris Licenses & Permits. 665-666 The following Claims were referred to the Committee on Ordinances & Legal Claims Affairs. Salomea Wilson, 12 Pope Street, Apt. B310, Salem Edward J. Mallon, Jr. , 6 Harward Street, Salem A Petition was received after the deadline of Tuesday Noon relative to the Civil Air Patrol's second request for a Tag Day on July 14 and 14. Councillor Martineau objected. The matter was not before the Council. (See next mtg.) (573) The matter of Second and final passage of an Ordinance amending an Ordinance Ord. amend. Street & Sidewalks Obstruction bf relative to Obstructing sidewalks by shrubbery and plant growth was adopted for second Plants & Shrubbery and final passage. .1M1 4 JULY 13, 1978 EXECUTIVE SESSION At 10:10 P.M. the City Council went into executive session for the purpose of discussing security personnel and negotiations of real property. Council President Cawley moved that the Council not reconvene after the executive session. It was so voted. . Councillor Nowak was recorded as opposed. Councillor McCabe assumed the Chair for President Cawley. Councillor Cawley introduced the following Order: 667 ORDERED: That the City Marshal, the City Engineer, the Mayor or his designee, and Police Station be constr. Clark Fuel the Superintendent of Public Property meet with the City Council in executive session Property relative to the construction of a new Police Station on Jefferson Avenue on the Clark Fuel lot so-called,and the request for proposals of development for the building which currently houses the Police Station. Councillor Cawley then requested the Council study the Order as introduced, and not adopt it. It was so voted. Councillor Nowak was recorded as 'opposed". The meeting adjourned at 10:45 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK JULY 24, 1978 SPECIAL MEETING A Special Meeting was held in the Council Chamber on Monday, July 24, 1978 at 7:00 P.M. for the purpose of holding a hearing and taking action on the matter of the discontinuances of Ash Street, Rust Street, and Federal Street, and the laying Out of Federal Street, North Walkway, and North Walkway. Notice of this meeting was posted on July 14, 1978 at 3:31 P.M. and advertised in the Salem Evening News on July 18, 1978. Councillors Grace and Nowak were absent. Council President Leonard A. Cawley, Jr. , called on Councillor Brian T. O'Keefe to chair the meeting and to present a brief presentation on the Public Hearing. Councillor O'Keefe asked Christopher Olney, Project Administrator of the Salem Redevelort Authority to make a presentation. Mr. Olney explained which streets would be opened, and which streets would be closed. Mr. Olney turned the presentation over to Mr. Anthony V. Fletcher, City Engineer, to explain to the Council the specific action requested of the Council. Mr. Fletcher stated that it is only a technical closing of Federal Street. Councillor O'Keefe asked if there were any questions by the Council. Councillor Cawley asked if the City will continue to service these streets when they are opened. Mr. Fletcher replied that the City will continue to maintain these streets. Councillor Centorino asked Mr. Fletcher how long will Federal Street be closed. Mr. Fletcher stated that some drainage will have to be done and sane curb' . It will have to be closed off for a day, or for a few days at a time. Councillor Usovicz asked if only one lane could be closed at one time. Mr. Fletcher replied that he could not be certain at this time. Mr. Charles Phipps, Chairman of the Board for the First Universalist Church, Rust Street, Salam, asked if the Church will still have access to the Front door of th Church for funerals and weddings. Mr. Fletcher told Mr. Phipps that the Church will still have access to its front doors, and the City will maintain services about the church property. Appearing in favor were the following: ` Councillor Usovicz: he stated that this closing is necessary to the develo VMent going on in the area. He felt that this plan encourages development, and he woul recommend the plan. Mr. Phipps spoke as chairman of the Board of the First Universalist Church as going on record as being in favor of this plan. There was no one opposed. Councillor Cawley moved that the hearing be closed. It was so voted. Councillor O'Keefe moved approval of the discontinuance and laying out of the following streets in conjunction with the presentation which was made. It was so voted. 52� JULY 24, 1978 668 WHEREAS, in the opinion of the City Council, the public necessity and convenient Discontinuance Ash St. require that a public street or way called Ash Street to be discontinued as a highway of the city from the intersection of the Westerly sideline of Ash Street and the Northerly sideline of Federal Street as shown on a plan on file in the office of the City Clerk of this city, dated 20 June, 1978 and it is therefore. hereby ORDERED: That due notice be given to Joseph C. and Joan M. Boudreau and the Salem Redevelopment Authority and New England Telephone and Telegraph and all others interested, that the City Council intend to discohtinue the highway before mentioned and that the 24th day of July 1978 at 7:00 P.M. at City Hall, Salem, is appointed as the time and place for a public hearing in the matter; and WHEREAS, due notice has been given on the intention of the City Council to dis- continue said parcel of land for the purpose aforesaid, as appears by the return on the order of notice issued therefor passed as aforesaid; and, WHEREAS, the City Coucil did meet at the time and place appointed and notified as aforesaid and has heard all parties interested claiming to be heard in the matter, it is therefore, ORDERED AND DECREED that the parcel of land before described be and the same hereby is discontinued as a public street or way of said city, according to a plan of the same made by Anthony V. Fletcher dated June 20, 1978 entitled "Proposed Street Discontinuance, Federal Rust, and Ash Street, Salem, MA. , Scale: 1" = 40' June 20, 1978 Anthony V. Fletcher, P.E. , City Engineer, deposited in the office of the City Engineer to which plan reference may be had. 669 iscontinuance Fust St. WHEREAS, in the opinion of the City Council, the public necessity and convenient require that a public Street or way to be called Rust Street to be discontinued as a highway of the city from a stone bound commn to the Southerly sideline of Bridge Street and the Westerly sideline of Rust Street to Federal Street as shown on a plan on file in the office of the City Clerk of this City, dated June 20, 1978 it is therefore hereby ORDERED: that due notice be given to the First Universalist Society in Salem and the Salem Redevelopment Authority and all others interested, that the City Council intend to discontinue the highway before mentioned and that the 24th day of July 1978 at 7:00 P.M. at City Hall, Salem, is appointed as the time and place for a public hearing, in the matter; and WHEREAS, due notice has been given of the intention of the City Council to dis- continue said parcel of land for the purpose aforesaid, as appears by the return on the order of notice issued therefor passed as aforesaid; and, WHEREAS, the City Council did meet at the time and place appointed and notified as aforesaid and has heard all parties interested claiming to be heard in the matter, it is therefore, ORDERED AND DECREED: that the parcel of land before described be and the same hereby is discontinued as a public street or way of said city, according to a plan of th -w JULY 24, 1978 sane made by Anthony V. Fletcher dated June 20, 1978 entitled "Proposed Street Discon- 7 tinuance, Federal, Rust and Ash Streets, Salem, MA Scale: 1" = 40' , June 20, 1978, Anthony V. Fletcher, P.E. , City Engineer, deposited in the office of the City Engineer, to which plan reference may be had. 670 ' WHEREAS, in the opinion of the City Council, the public necessity and convenience Discontinuance Federal � Street require that a public street or way called Federal Street to be discontinued as a high- way of the city from the intersection of the Northerly sideline of Federal Street and the Westerly sideline of St. Peter Street; as shown on a plan on file in the office of the City Clerk of this city, dated June 20, 1978 it is therefore hereby ORDERED, that due notice be given to the New England Telephone and Telegraph and the Salem Redevelopment Authority, County of Essex, and all others interested, that the City Council intend to discontinue the highway before mentioned, and that the 24th day of July, 1978 at 7:00 P.M. at City Hall, Salem is appointed as the time and place for a public hearing, in the matter; and WHEREAS, due notice has been given of the intention of the City Council to discon- tinue said parcel of land for the purpose aforesaid, as appears by the return on the order of notice issued therefor passed as aforesaid; and WHEREAS, the City Council did meet at the time and place appointed and notified as aforesaid and has heard all parties interested claiming to be heard in the matter, i is therefore, ORDERED AND DECREED: that the parcel of land before described be and the same hereby is discontinued as a public street or way of said city, according to a plan of the same made by Anthony V. Fletcher dated June 20, 1978 entitled "Proposed Street Dis- continuance, Federal, Rust, and Ash Streets, Salem, MA, Scale: 1" = 40' , June 20, 1978 Anthony V. Fletcher, P.E. , City Engineer" deposited in the office of the City Engineer to which plan reference may be had. 671 WHEREAS, in the opinion of the City Council, the public necessity and convenience Laying Out Federal St. require that a public street or way to be called Federal Street should be laid out as a highway of the city from a point on the Westerly sideline of St. Peter Street, 119.80 feet North of the Northerly sideline of Church Street as shown on a plan on file in the ' office of the City Clerk of this city, dated 23 May, 1978 it is therefore hereby ORDERED, That due notice be given to the Salem Redevelopment Authority and all others interested, that the City Council intend to lay out the highway before mentioned and to take therefor a portion of their land and to lay out the same as a highway of said city; and that the 24th day of July 1978 at 7:00 P.M. at City Hall Salem, is appo' - ted as the time and place for a public hearing, in the matter; and WHEREAS, due notice has been given of the intention of the City Council to take said parcel of land for the purpose aforesaid, as appears by the return on the order of notice issued therfor passed as aforesaid; and 52� JULY 24, 1978 WHEREAS, the City Council did meet at the time and place appointed and notified as aforesaid and has heard all parties interested claiming to be heard in the matter, i is therefore, ORDERED AND DECREED, that the parcel of land before described be and the same hereby taken and laid out as a public street or way of said city, according to a plan o the same made by Essex Survey Service, Inc. dated May 23, 1978 entitled "Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem Redevelopment Authority, Salm, MA. , Scale: 1" = 40", May 23, 1978, Essex Survey Service, Inc. , 47 Federal Street, Salem, MA. , deposited in the office of the City Engineer, to which plan reference may be had. 672 Laying Out North Walkway WHEREAS, in the opinion of the City Council, the public necessity and convenience require that a public street or way to be called North Walkway should be laid out as a highway of the city from a point on the Southerly line of Federal Street 190.86' east of intersection of said line & the Easterly line of Washington Street, as shown on a plan on file in the office of the City Clerk of this city, dated 23 May, 1978 it is therefore hereby ORDERED, That due notice be given to the Salem Redevelopment Authority and all others interested, that the City Council intend to lay out the highway before mentioned, and to take therefor a portion of their '_and and to lay out the same as a highway of said city; and that the 24th day of July 1978 at 7:00 P.M. at City Hall, Salem is appoi- nted as the time and place for a public hearing in the matter; and WHEREAS, due notice has been given on the intention of the City Council to take said parcel of land for the purpose aforesaid, as appears by the return on the order of notice issued therefor passed as aforesaid; and WHEREAS, the City Council did meet at the time and place appointed and notified as aforesaid and has heard all parties interested claiming to be heard in the matter, it is therefore, ORDERED AND DECREED that the parcels of land before described be and the same hereby are taken and laid out as a public street or way of said city, according to a plan of the same made by Essex Survey Service, Inc. , dated May 23, 1978 entitled "Property Plan Project No. Mass. R-95 Heritage Plaza East, Salem Redevelopment Authority, Salem, MA. , Scale 1" - 40' , May 23, 1978, Essex Survey Service, Inc. , 47 Federal Street l Salem, MA." deposited in the office of the City Engineer, to which plan reference may be had. 673 Laying Out North Walkway WHEREAS, in the opinion of the City Council, the public necessity and conven- ience require that a public street or way to be called North Walkway should be laid out as a highway of the city from a point on Northerly line of Federal Street 183.51' east of intersection of said line & easterly line of Washington St. , as shown on a plan on file in the office of the City Clerk of this city, dated May 23, 1978 it is therefore hereby JULY 24, 1978 ORDERED, that due notice be given to Salem Redevelopment Authority and all others interested, that the City Council intend to lay out the highway before mentioned, and to take therefor a portion of their land and to lay out the same as a highway of said city; and that the 24th day of July, 1978 at 7:00 P.M. at City Hall, Salem, is appoint as the time and place for a public hearing, in the matter, and WHEREAS, due notice has been given of the intention of the City Council to take said parcel of land for the purpose aforesaid, as appears by the return on the order of notice issued therefor passed as aforesaid; and, WHEREAS, the City Council did meet at the time and place appointed and notified as aforesaid and has heard all parties interested claiming to be heard in the matter, it is therefore, ORDERED AND DECREED that the parcel of land before desbribed be and the same hereb taken and laid out as a public street or way of said city, according to a plan of the f same made by Essex Survey Service, Inc. dated May 23, 1978 entitled "Property Plan Project No. Mass. R-95, Heritage Plaza East, Salem Redevelognent Authority, Salem, MA. Scale: 1" = 40' , May 23, 1978, Essex Survey Service; Inc. 47 Federal Street, Salm, MA." deposited in the office of the city engineer, to which plan reference may be had. On the motion of Councillor Martineau, the meeting adjourned at 7:30 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK 5.30 AUGUST 10, 1978 REaMAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, August 10, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notic of this meeting was posted on July 28, 1978 at 4:01 P.M. 674 There was no one absent. Omitted-numbering erro President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. ppt. John Koza 675 The Mayor's appointment of Mr. John Koza as a nvm ber of the Cultural Arts Coumiss- tural Arts Commission ion for a team expiring February 1, 1981, replacing Reverend Edwin Remaly was held until the next meeting under the rules. r. South Essex 676 The following Order, recommended by the Mayor, was referred to the Committee on ewerage District sessment Finance. ORDERED: That the Assessors be authorized to use the sum of Three Hundred Seventy Four Thousand Dollars ($374,000.00) from the "Sewer Receipts-Reserved for Appropriation" Account towards the "South Essex Sewerage District Assessment" in accordance with the recommendation of His Honor the Mayor. 677 r. Snag Emergency The following Order, reconmended by the Mayor, was adopted. ORDERED: That the sum of One Hundred Seventy Seven Thousand Six Hundred Ten Dollar ($177,610.00) be and the same is hereby appropriated from the "Federal Reimbursement Snag" Account to the "Snow-Emergency" Account in accordance with the recommendation of His Honor the Mayor. 678 ppm. Golf Course The following Order, recommended by the Mayor , was referred to the Committee on alaries-Bills-Special tem, Finance. ORDERED: That the sun of Ninety-Four Thousand Three Hundred Seventy-One Dollars and Ninety-Two Cents ($94,371.92) be and the sane is hereby appropriated from the "Golf Course Receipts" Account to the following: 1. The sun of Eighty-one Thousand Eight Hundred Eleven Dollars and Ninety-Two Cents ($81,811.92) to the "Golf Course Salaries" Account. 2. The sun of Seven Thousand Five Hundred Sixty Dollars ($7,560.00) to the "Golf Course-Bills" Account. 3. The sun of Five Thousand Dollars ($5,000.00) to the "Golf Course Special Items" Account. In accordance with the recommendation of His Honor the Mayor. 679 Appr. Drug Rehabilitati The following Order, recommended by the Mayor, was referred to the Committee on Finance. ORDERED: That the sun of Thirteen Thousand Five Hundred Eighty Four Dollars ($13,584.00) be and the same is hereby appropriated from the "Revenue Fiscal 1979" Account to the "Drug Rehabilitation" Account in accordance with the recommendation of His Honor the Mayor. AUGUST 10, 1978 680 The following Order was received from the Mayor. Appr. Personnel ORDERED: That the sum of Four Thousand Two Hundred Fifty-Six Dollars and Eight Salaries Five Cents ($4,256.85) be and the same is hereby appropriated from the "Revenue Fiscal 1979" Account to the "Personnel Department Salaries" Account in accordance with the recottnendation of His Honor the Mayor. I / Councillor Cawley ruled that this matter was out of Order as the matter will be before the Council under "Unfinished Business" as requested by Councillor Grace to take from the table. 681 The following Order, recommended by the Mayor, was adopted. Appr. Water Admin. ORDERED: That the sum of Three Thousand Three Hundred Sixty Dollars and Ninety Salaries Six Cents ($3,360.96) be and the sante is hereby appropriated from the "Revenue Fiscal 1979" Account to the "Water Administration Salaries" Account in accordance with the recommendation of His Honor the Mayor. 682 The following Order, recomnended by the Mayor, was adopted. Trans. Cemetery Purchas of Vaults ORDERED: That the sum of Five Thousand Dollars ($5,000.00) be and the same is hereby transferred from the "Sale of Vaults" Account to the "Cemetery Purchase of Vaults" Account in accordance with the recommendation of His Honor the Mayor. 683 The following Order was received from the Mayor. Trans. Greenlawn Cemetery Improvements ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2,500.00) be and Bills the same is hereby transferred from the "Cemetery Perpetual Care-Income" Account to the "Greenlawn Cemetery Improvements-Bills" Account in accordance with the recommen- dation of His Honor the Mayor. Councillor Martineau moved that the transfer be referred to Finance. Councillo Grace moved that the transfer be granted. Councillor O'Keefe moved that the matter was not in order and should be referred to Finance. Councillor Cawley stated that the matter was coming up under "Unfinished Business" so we could not act on it, and ruled that Councillor O'Keefe's motion was in order. Councillor Martineau challenged the ruling of the Chair. The Chair was upheld by a hand vote. The order was referred to the Committee on Finance. 684 The Following Resolution, recommended by the Mayor, was adopted by a unanimous SOLLPi'ION: Community Development Block Grant roll call vote, Funds-Phase II Sewerage ORDERED: That the City Council, on behalf of the city of Salem, adopt the following Resolution: "A RESOLUTION CONCERNING THE EXPENDITURE OF COM4JNITY DE=PMENT BLOCK GRANT FUNDS FOR PHASE II SEWERAGE IMPROVEMENTS PROGRAM." BE IT RESOLVED by the City Council of the City of Salem Massachusetts, that the Mayor, as the City's chief executive officer, is hereby authorized to expend funds for the Phase II Sewerage Improvements Program. The approximate amount to he expended for AUGUST 10, 1978 i the Phase II Construction Program shall be $4.9 million. This amount shall be reduced by 75 percent and 15 percent by the Envirommental Protection Agency and Massachusetts Division of Water Pollution Control respectively of the costs deemed elegible for par- ticipation for funding. The expenditure shall be from the Cocmunity Development Block Grant Sewer allocations, authorized on August 28, 1975, February 26, 1976, and February 10, 1977. The expenditure shall occur, in accordance with all applicable U.S. Departmen of Housing and Urban Development rules and regulations, and in accordance with all applicable General Laws of the Commonwealth of Massachusetts. 685 Ordinance Est. Position The following Ordinance was received from the Mayor. Councillor Martineau moved Assistant Planning Dir. to waive the reading of the Ordinance. It was so voted. Councillor Usovicz moved that the Ordinance be referred to the Committee on Personnel & Salaries. Councillor Martina amended that the Ordinance be referred to the Committee on Community Development. The amendment was defeated. The Ordinance was referred to the Committee on Personnel & Salaries. In the Year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to the Planning Department, Article II Division I, Chapter 19. Be it ordained by the City Council of the City of Salem, as follows: SECTION I. Chapter 19, Section 38, Division I of the Code of Ordinances of the City of Salm is hereby amended by deleting Section 19-38 in its entirety and inserting in place thereof the following: Sec. 19-38. Established; purpose. A planning department is hereby established in the city. Such department shall advise and assist in the administration of municipal functions and responsibilitie in the field of city planning, shall coordinate efforts directed toward the future dev- elopment of the city, shall coordinate the preparation of applications and coordinate th implementation of all grants directed toward the future development of the city, and shall plan its continued improvement, consistent with its physical, social, and economic conditions and resources. SECTION 2. Chapter 19 is hereby further amended by adding the following new section. Sec. 19-44. Same - General Duties. Consistent with the general purpose of section 19-52, the assistant planning h direction shall have the following specific duties: (a) Determine the need for grants in the city, and working with the appropriate authorities, boards or departments, arrive at a priority listing these grants this listing must be up-dated at least once a year; (b) Match this priority listing of needed grants with existing or proposed grants programs from local, state, or federal sources; (c) Either prepare or where appropriate assist in the preparation of all grants applications so as to maximize the leveraging of funds; X533 AUGUST 10, 1978 (d) Work with appropriate local, state and federal granting agencies in their review of grants applications, and provide any additional information or follow-up as necessary; (e) Prepare a monthly report which details the status of each grant application made, also details action(s) to be taken on subsequent grants, and (f) Maintain a library of all grants applications and other records that are important to the grants program in Salem. SECTION 3. This Ordinance shall take effect as provided by City Charter. 686 The following Ordinance was received from the Mayor. Councillor Martineau moved Ordinance Salary Asst. lamming Director to waive the reading of the Ordinance. It was so voted. Councillor Grace moved that it be referred to the Ccmdttee on Personnel & Salaries. It was so voted. In the year one thousand nine hundred and Seventy-Eight. An Ordinance relating to classification and Salary Schedules of certain employees of the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. The Ordinance relating to Classification and Salary Schedule of certain employees of the City of Salem as amended and adopted is hereby amended by adding the following: JOB GROUP 50-SPECIAL CATEGORY ANNUAL SALARY ASSISTANT PLANNING DIRECOR $15,000.00 Section 2. This Ordinance shall take effect as provided by City Charter. 687 The following Ordinance was received from the Mayor. Councillor Martineau moved Ordinance Upgrading Water Supt. to Group that it be referred to the Co[mittee on Personnel & Salaries. It was so voted. Xv In the year one thousand nine hundred and seventy-eight An Ordinance relating to classification and Salary Scheduled of certain eTployees of the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. The Ordinance relating to Classification and Salary Schedules of certain employees of the City of Salem as mended and adopted is hereby further amended by deleting the following under Job Group XII. WATER SUPERINTENDENT STEP I STEP II STEP III $274.35 $297.30 $306.65 and inserting in Job Group XV: WATER SUPERINTENDENT STEP I STEP II STEP III $316.60 $344.20 $353.60 Section 2. This Ordinance shall take effect as provided by City Charter. 5'; i AUGUST 10, 1978 688 dinanwas received frau the Mayor. Councillor Martineau moved ce Salary Sched. The following ordinance tivities Director uncil on Aging to waive the reading of the Ordinance. It was so voted. Councillor Martineau moved that the Ordinance be referred to the Committee on Personnel & Salaries. It was so voted. In the year one thousand nine hundred and Seventy-eight An ordinance relating to Classification and Salary Schedules of certain employees of the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. The Ordinance relating to Classification and Salary Schedules of Certain employees of the City of Salam as amended and adopted is hereby amended by deleting the following under Full Year Part Time Positions: ACTIVITIES DIRECTOR; COUNCIL ON AGING - (per we ) $ 135.55 ek and inserting in Job Group 50 Special Category: ACTIVITIES DIRECTOR, COUNCIL ON AGING - (annual) $7,800.00 Section 2. This Ordinance shall take effect as provided by City Charter. Ordinance deleting 689 The following Ordinance, recommended by the Mayor, was referred to the Cc mittee word "Marshal" insert ,word. "Chief" on ordinances & Legal Affairs. w In the year one thousand nine hundred and seventy-eight. An Ordinance changing name of "Marshal" to "Chief" Be it ordained by the City Council of the City of Salem, as follows: Section 1. All references made to the "City Marshal" as they may appear in the Code of ordinances of the City of Salem are hereby deleted and in place thereof will be inserted the word "Chief". Section 2. This Ordinance shall take effect as provided by City Charter. 690 Wardens, Clerks, and A communication from the Mayor listing Wardens, Clerks, and Inspectors for the Inspectors 1978-79 twenty-three precincts in the City of Salem for 1978, 1979 was received and filed. Constables 691 The Mayor's appointment of the following Constables in the City of Salem for a term of one year beginning August 12, 1978 was received and filed. Robert Blenkhorn, 498 Loring Avenue, Salem Martin W. Fair, 31 Pleasant Street, Salem Peter B. Grady, 53 Larchmont Road, Salem William F. Quinn, 152 Shore Drive, Peabody i � Constables 692 The Mayor's reappointment of the following Constables in the City of Salem for a term of one year beginning August 12, 1978 was received and filed. William H. Munroe, 3 Central Street, Saler John S. Smedile, 4 Central Street, Salem Joseph Lubas, 42 Walter Street, Salem AUGUST 10, 1978 693 A communication was received from the Mayor requesting Council endorsement of Grant Application and Authorizing Treasurer the Grant Application, and authorizing the City Treasurer to borrow funds for Phase to borrow funds for III Sewer Project. Councillor McCabe moved to waive the reading of the communication. Phase III Sewer Proj It was so voted. Councillor O'Keefe moved to lay the matter on the table to be taken ec up prior to adjournment. It was so voted by a roll call vote of 7 yeas, 4 nays, 0 abs Councillors Centorino, Daly, Grace, Nowak, O'Keefe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Lovely, Martineau, McCabe, and Usovicz were recorded as voting in the negative. 694 Councillor Martineau introduced the following Order which was adopted. Letter of commendation ORDERED: That the City Clerk send a notice of Public Commendation on behalf of William Carey the City Council, to William Carey, 23 Park Street, Salem, for his heroic and successfLl rescue of two Park Street residents from a burning building earlier this week. 695 Councillor Nowak introduced the following Order. New Eng. Power & North East Petroleum pay port ORDERED: That the proposal for covering inspection fees in the amount of service fee $3,000.00 be accepted from New England Power and $3,000.00 from Northeast Petroleum and that this proposal be accepted each year on the first monday of January in lieu of the port service fee. Councillor Grace amended that the City Auditor shall set up an account reserved for appropriation, which account is to include fees from New England Power and North east Petroleum and which funds are to be disbursed through the Harbormaster for Water- ways services rendered to New England Power and North East Petroleum or their clients. The Council recessed at 9:45 P.M. and reconvened at 9:50 P.M. Councillor McCabe assumed the chair for Councillor Cawley. i Councillor Cawley amended Councillor Grace's motion to place a period after the word "services" and delete everything that follows. It was so voted by a roll call vota of 10 yeas, 1 nay, 0 absent. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. Councillor Cawley resumed the chair. Councillor Grace's amendment was adopted by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, N Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. Councillor Martineau moved the question. It was so voted. Councillor Usovicz was recorded as opposed. Councillor Nowak's main motion was adopted as amended by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Daly, Grace, Lovely, Martineau, McCabe, Nowak, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, O'Keefe, and Cawley were recorded as voting in the negative. The Order as amended 531T AUGUST 10, 1978 shall now read as follows: ORDERED: That the proposal for :covering inspection fees in the amount of $3,000.( o be accepted from New England Power and $3,000.00 from Northeast Petroleum, and that thi proposal be accepted each year on the first Monday of January in lieu of the Port Servi e fee. BE IT FURTHER ORDERED: That the City Auditor shall set up an account reserved for appropriation which account is to include fees from New England Power and North East Petroleum and which funds are to be disbursed through the Harbormaster for Waterways services. Councillor Grace moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. Councillors Cawley, Centorino, and O'Keefe were in favor of reconsideration. 696 Resolution Naming Sal Councillor McCabe introduced the following resolution which was adopted. Beverly Bridge the "James M. Shea Bridge" RESOLUTION RESOLVED: WHEREAS, construction of a new high level Beverly Salem Bridge is actively being planned by the Commonwealth of Massachusetts with eventual construction a certainty, and WHEREAS, the bridge will continue to be a major connecting road between the cities of Beverly and Salem, and WHEREAS, the late Salon Evening News Editor, James M. Shea, was born and raised in Beverly and worked in Salem, and. WHEREFLS, James M. Shea showed his devotion and dedication to both communities over the years and through his writings and editorials helped to shape the political, social, and custural directions of the City of Beverly and the City of Salem, and WHEREAS, the many valuable contributions made to both com[nnnities and to other surroun- ding communities and to the Commonwealth of Massachusetts by James M. Shea, should be remembered in some fitting manner, NOW THEREFOR BE IT RESOLVED, that the Salem City Council herein duly assembled request the Commonwealth of Massachusetts to name the new Beverly-Salem bridge, the JAMES M. SHEA BRIDGE as a gesture of appreciation and recognition of his contributions to his State, the City of Salon, the City of Beverly, and the citizens of both comnunities. BE IT FURTHER RESOLVED that the resolution concerning the naming of the new Salem- Beverly Bridge the "JAMES M. SHEA BRIDGE" be forwarded to Senator Kevin B. Harrington, Representatives J. Michael Ruane, and Bruce J. McLaughlin, and Commissioner John Caroll of the Massachusetts Department of Public Works for the necessary action to accomplish the purpose of the resolution and :53'7 AUGUST 10, 1978 FURTHER, a copy of the resolution be sent to the Beverly Board of Alderman for consid- eration of adopting the resolution or a similar resolution. 697 Councillor O'Keefe introduced the following Order which was adopted. Park Dept. & M.A.M.C. raise Irish Flag on ORDERED: That during the week of August 21 Superintendent of Parks raise the Su Aug. 26, 1978 for Iris Festival the National Flag of Ireland in a place of honor at Riley Plaza to celebrate the Markel Area Management Commission's Irish Day Festival to be held on Saturday, August 26, 197 in the Market Area and Derby Square. AND BE IT FUI=R ORDERED: That during the week of August 21, the Agent of the Market Area Management Cemni.ssion raise the National Flag of Ireland in a place of honor in front of Old Town Hall to celebrate the Market Area Management Commission's Irish Day Festival to be held on Saturday, August 26, 1978 in the Market Area and Derby Square. 698 Councillor Usovicz introduced the following Order which was adopted. Philip Moran "Special Municipal Employee" ORDERED: That Attorney Phillip D. Moran be classified as a "Special Municipal Employee" under the provisions of Massachusetts General Law Chapter 268A, Section 1, Subsection N. 699 Councillor O'Keefe introduced the following Resolution which was referred to Resolution-Ballot Question-Classification the Committee on Ordinances & Legal Affairs. of Property RESOLUTION RESOLVED: WHEREAS, Housing and Shelter are basic necessities of life AND WHEREAS, property tax burdens in the Commonwealth are of grave concern to citizens, both homeowners and tenants, AND WHEREAS, state mandated 100% valuation is scheduled to take effect in Salem on January 1, 1979, AND WHRRF.AS, the State Legislature having met in successive constitutional conven- tions has voted to amend the State Constitution to allow an alternatire to 100% valuation AND WHEREAS, the impact of 100% valuation will be cushioned in many instances in a general view, under classification, AND WHEREAS, classification may be the first step towards meaningful tax reform BE IT HEREBY RESOLVED, That the Salem City Council endorses and supports the proposal for a legislative amendment to the Constitution of the COMMOnwealth of Massachusetts authorizing the classification of property according to its use for the purposes of taxation as voted by the Great and General Court in Constitutional Convention and as said proposal will appear on the statewide ballot on November 7, 1978, as follows: Article IV of Chapter I of Part the Second of the Constitution is hereby amendel by inserting after the words "and to impose and levy proportional and reasonable assess- 53S ` AUGUST 10, 1978 meats, rates and taxes, upon all the inhabitants of, and persons resident, and estates lying, within said commonwealth" the words:-, except that, in addition to the powers conferred under Articles XLI and XCIX of the AmerKbnents, the general court may classify real property according to its sue in no more than four classes and to assess, rate and tax such property differently in the classes so established, but proportionately in the same class, and except that reasonable exemptions may be granted. 700 Comm. on Ord. & Leg. Councillor Centorino introduced the following Order which was adopted. �hff. meet with Solicitor & Plummer Hone re: Titl ORDERED: That the Committee on Ordinances & Legal Affairs meet with the City Solicitor and the Legal Representative of the Plummer Home for Boys for the purpose of airing their respective views concerning the state of the title to the property knowl as Winter Island and for the purpose of expediting negotiations between the City and the Plummier Home regarding future use of the property. 701 Committee of the Whole Councillor Usovicz introduced the following Order which was adopted. Councillor meeting re: Traffic Study Martineau was recorded as voting "Present". ORDERED: That the City Council meet as a Committee of the Whole Tuesday, August 15, 1978 in the Council Chamber for the purpose of discussing the Traffic Study of the ' downtown area, AND BE IT FURTHER ORDERED: That the City Council President comply with Council Rule #26 in calling for future Committee of the Whole meetings. 702 IRST PASSAGE Traffic Councillor McCabe introduced the following Ordinance which was adopted for first One Way Streets S. 10 Sylvan Street passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (One Way Streets) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 10, One Way Streets, is hereby amended by adding the following: Sylvan Street, from Dunlap Street to Tremont Street in a westerly direction. Section 2. This Ordinance shall take effect as provided by City Charter. Councillor Martineau presented a report for the Ad Hoc Committee on Illegal Boarding Houses. Councillor Cawley ruled Councillor Martineau out of order as it should come under Committee Reports on the agenda. 703 Resolution Speed zones Councillor McCabe introduced the following resolution which was adopted. leton Street RESOLUTION RESOLVED: That the Salem City Council adopt a resolution requesting the Massachusetts Department of Public Works to survey and allow the following street or parts of a stree to be legally regulated as per the following special speed regulations. 5 AUGUST 10, 1978 APPLETON STREET from the intersection or Orne and Appleton Stree thence northwesterly to the intersection of Liberty Hill Avenue and Appleton Street - 25 MPH APPLETON STREET from the intersection of Liberty Hill Avenue and Appleton Street thence southeasterly to the in - Csection of Orne Street and Appleton Street -25 MPH 704 Councillor McCabe introduced the following Resolution which was adopted. . Resolution Speed Zones Felt Street RESOLUTION RESOLVED: That the Salem City Council adopt a resolution requesting the Massachusetts Department of Public Works to survey and allow the following streets or parts of a street to be legally regulated as per the .following special speed regulations. FELT STREET Beginning at the junction of Dearborn Street thence northwesterly for a total distance of .3 miles at twenty (20) miles per hour. FELT STREET Beginning at the junction of Orne Street thence southeasterly for a total distance of .3 miles a twenty (20) miles per hour. 705 Councillor McCabe introduced the following Ordinance which was adopted for FIRST PASSAGE TRAFFIC Drivers File S. 22 first passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Drivers File) Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 15, Section 22, Drivers File, is hereby amended by adding the following new paragraph. (c) All such accident records and filed shall be maintained for a period of at least five years. Section 2. This Ordinance shall take effect as provided by City Charter. 706 Councillor McCabe introduced the following Order which was adopted. Election Order 1978 Primary u/t i ORDERED: That meetings of the qualified noters of the City of Salem be held in the several voting precincts of the City, at the polling places designated by the Council, on Tuesday, September 19, 1978, for the purpose of nominating in each of the Republican, Democratic and American Parties, a Senator in Congress; a Governor; Lieu- tenant Governor; Attorney General; Secretary of the Carmonwealth; Treasurer; Auditor o the Commonwealth; 1 Representative on Congress, 6th Congressional District; 1 Councillor, 5th Councillor District; a Senator in General Court, 2nd Essex District; 1 Representative in the General Court, 7th Essex District; a District Attorney, for Essex County; 1 549 AUGUST 10, 1978 Register of Probate and Insolvency for Essex County and one County Treasurer in Essex County. And such other candidates or candidate as may appear on the official ballot as prepared by the Secretary of the Commonwealth. I ORDERED: That the polling places be as follows: Ward 1, Precinct 1 Bentley School, Memorial Drive Precinct 2 Caroline Ennerton Hall, 114 Derby Street Precinct 3 27 Charter Street, Recreation Room Ward 2 Precinct 1 Carlton School, 10 Skerry Street Precinct 2 Phillips School, 86 Washington Square Precinct 3 St. John the Baptist School Auditorium, 24 St. Peter Street Ward 3 Precinct 1 Rear Administration Building, 1 Broad Street Precinct 2 Rear Administration Building, 1 Broad Street Precinct 3 St. Anne's School, 9 Cleveland Street Ward 4 Precinct 1 AMVETS Hall, 13 Beckford Street Precinct 2 Colonial Village Community Center, Heritage Drive Precinct 3 Endicott School, 112 Boston Street Ward 5 Precinct 1 St. Joseph Church Basement, 135 Lafayette Street Precinct 2 St. Joseph Church Basement, 135 Lafayette Street Precinct 3 Saltonstall School, 211 Lafayette Street Precinct 4 Saltonstall School, 211 Lafayette Street Ward 6 Precinct 1 Engine #2, North Street Precinct 2 Pickering School, 181 North Street Precinct 3 Pickering School, 181 North Street Ward 7 Precinct 1 South Branch Library, 47 Ocean Avenue Precinct 2 Training School, 19 Loring Avenue Precinct 3 Fire Station, Engine #5, 64 Loring Avenue Precinct 4 Salem State College, South Campus, Harrison Road ORDERED: That the polls at said meeting be opened at 8:00 A.M. and closed at 8:00 P.M. and that the City Clerk be instructed to publish this notice as required by law. Councillor McCabe assumed the Chair for Councillor Cawley. (359) Second Passage Ord. Councillor Cawley moved to take from the table the matter of the Personnel Depart- Personnel epartPersonnel Director ment and the Personnel Director. It was so voted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Daly, Grace, Lovely, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Martineau, McCabe, Nowak, and Rochna were recorded as voting in the negative. Councillor Cawley amended by adding after the words "and any other appropriate place" as they appear in Section 1, the words "No later than 14 days after this Ordinance takes effect." The Amendment was so voted by a roll call vote of 6 yeas, 5 nays, 0 absent. 51t AUGUST 10, 1978 Councillors Daly, Grace, Lovely, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Martineau, McCabe, Nowak, and Rochna were recorded as voting in the negative. The Ordinance was adopted as amended for second and final passage by a roll cal vote of 6 yeas, 5 nays, 0 absent. Councillors Daly, Grace, Lovely, O'Keefe, Usovicz, and Cawley were recorded as voting.in the affirmative. Councillors Centorino, Martineau, McCabe, Nowak, and Rochna were recorded as voting in the negative. Councillor Cawley moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. The Ordinance shall now read as follows: In the year one thousand nine hundred and Seventy-Eight An Ordinance amending an Ordinance enacted by the City Council on July 14, 1977 concerning the establishment of a Personnel Department and the duties of the PersonnE 1 Director. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Said Ordinance is hereby amended by deleting Section 4, and inserting in placa thereof the following: Section 4. "The position of Personnel Director shall be filled in the followin manner. The Mayor shall advertise the position, salaries and duties of the Personnel Director, and solicit applications in a daily newspaper of general circulation within the City of Salem arx any other appropriate place, no later than 14 days after this Ordinance takes effect. Applications shall be closed twenty-one (21) days after the date of said advertisement. the Applications shall be screened by a committee comprised as follows: 1 City Councillor 1 designee of the Mayor 1 designee of the J. Robert Shaughnessy Hospital. Board of Trustees 1 designee of the Personnel Board 1 designee of the Chamber of Coumerce I A majority of said ca[mittee shall within fourteen (14) days nominate no less 1 (� than three (3) individuals suitable for appointment. \ The Mayor shall. then select a candidate from among the nominees of said committ- ee and present his choice to the City Council for confirmation no later than fourteer (14) days after receipt of said nominations. Section 5. This Ordinance Ordinance shall take effect as provided by City Charter. (363-A) Councillor Cawley moved to take from the table the matter of the Ordinance Ordinance Counsel to City Council establishing the position of Counsel to the City Council. The motion was defeated by a roll call vote of 4 yeas, 7 nays, 0 absent. AUGUST 10, 1978 Councillors Centorino, Lovely, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Daly, Grace, Martineau, McCabe, Nowak, O'Keefe, and Rochna were recorded as voting in the negative. Councillor Cawley resumed the Chair. Ad Hoc Committee on 707 Councillor Martineau offered the following report for the Ad Hoc Committee on Illegal Roaming Houses & Boarding Houses Illegal Rooming Houses & Boarding Houses. It was voted to accept the report. The Ad-Hoc Committee on Illegal Boarding Housing and Illegal Roaming Housing to whom was referred the matter of the enforcement of zoning codes, and health and sani codes has considered said matter and would recom end that the following Ordinance be voted for first passage. 707-A Amending Board of Healti In the year one thousand nine hundred and Seventy-eight Certificate of fitness An Ordinance to amend an Ordinance with regard to the Board of Health of the City of Salam Be it ordained by the City Council of the City of Salam, as follows: Section 1. Chapter 2, Section 333 of the Salem Code of Ordinances is hereby amended by adding a new Section at the end thereof as follows: Section 2-356 - Certificate of Fitness 1. Dwelling, Vacancy, Owner, Responsibility, of Whenever a rented dwelling unit, apartment, or tenament other than those in a hotel or motel, is vacated by the occupant or occupants thereof, or prior to such vacancy, the owner or lessor of such residential property shall be responsible for notifying the Board of Health of such vacancy and for requesting an inspection required by this ordinance by certified mail or by appropriate Board of Health forms. 2. Authority of Board of Health as to Certification, of Such unit must be certified by the Board of Health or its agents as meeting the standarc s set forth in the "Sanitary Code", Article II, Minimum Standards of Fitness for Hunan Habitation" as promulgated and from time to time,amended by the State Department of Public Health, prior to being reoccupied by a new occupant. 3. Same, Certification, Refusal by If after any inspection by the Board of Health, or its agents pursuant to this ordinance, an inspector shall issue a written order or a copy of the inspection form setting forth the violation of Article II of the State Sanitary Code existing in the unit which must i be corrected before a certificate of fitness may be issued. It shall be the responsib- ility of any owner or lessor receiving such order to notify the Board of Health when such violations have been corrected. 4. Same, Time Limitations on Inspections The Board of Health shall make such an inspection within 5 working days of notification. Said inspections not having been made within 5 working days, the landlord may rent an apartment. 5. Same, Appeals or Procedures, for AUGUST 10, 1978 The appeal procedure from any decisions of the Board of Health shall be the same as that set forth in Article II of the State Sanitary Code. 6. Same, Records, Keeping of Whether or not a certificate of fitness has been issued by the Board of Health for a / particular unit shall be a matter of public record. 1 C� 7. Certificate, Post of \\\WWW Upon issuance of such certificate, it shall be posted in a conspicuous place in a common area of the building in which the unit is located, or a copy of it shall be given to any person occupying said unit. 8. Penalties Any owner or lessor of such property used for dwelling purposes failing to comely with this Ordinance shall pay a fine not to exceed $20-.00, each and every day that he allowc any person to live, occupy, or inhabit the said premises without having received a Certificate of fitness, from the Board of Health, for a particular unit shall be a matter of public record. Section 2. This Ordinance shall take effect as provided by City Charter. Councillor O'Keefe moved the question on First passage of the Ordinance. It was so voted. The Ordinance was adopted for first passage by a roll call vote of 9 yeas, 1 n0- , 0 absent, 1 present. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Nowak was recorded as voting in the negative. Councillor Rochna was recorded as votin "present". 708 Councillor O'Keefe offered the following report for the Comii.ttee on Community SRA Closeout Agreement Development. It was voted to accept the report. The Committee on Community Development to whom was referred the matter of the Closout agreement between the Salem Redevelopment Authority and the Department of Housing & Urban Development has considered said matter and would recom end no action due to the lack of a quorum, but would report that both councillors present at the committee meeting were strongly in favor of the proposed settlement as amended. Councillor O'Keefe moved to waive the reading of the Agreement. It was so voted. Councillor Cawley was recorded as opposed. Councillor McCabe assumed the chair for Councillor Cawley. Councillor Cawley moved to postpone action and the adjournment of meeting and take up this matter again on August 17, 1978 at 7:00 P.M. The motion was defeated by a roll call vote of 4 yeas, 7 nays, 0 absent. Councillors Daly, Martineau, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Grace, Lovely, McCabe, Nowak, O'Keefe, and Rochna were recorded as voting in the negative. 544 AUGUST 10, 1978 Councillor Cawley amended page three of the agreement Item 12, after the word "costs", the words "said monthly administration costs to be authorized by a majority vote of the City Council". Councillor O'Keefe moved the question. Councillors Lovely and Usovicz were recorded opposed. The amendment was so voted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Daly, Lovely, Martineau, Nowak, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Grace, McCabe, O'Keefe, and Rochna. were recorded as voting in the negative. Councillor Cawley amended to add after the letters "LPA" the words "Adopted by a majority vote of the City Council". It was so voted by a unanimous roll call vote. Councillor O'Keefe moved the question. It was so voted. Councillor Cawley amended page three item three by deleting the word "12%" and inserting in place the figure "10%". Councillor Centorino requested unanimous consent to allow Mr. Olney of the SRA to speak. Councillor Martineau objected. The Amendment was adopted by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Centorino, Daly, Grace, Lovely, Martineau, Nowak, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors McCabe and O'Keefe were recorded as voting in the negative. Councillor Cawley's motion for adjournment until August 17 at 7:30 P.M. was defeated. The Resolution as amended was defeated by a roll call vote of 4 yeas, 6 nays, 1 "present". Councillors Centorino, Grace, O'Keefe, and Usovicz were recorded as voting in the affirmative. Councillors Lovely, Martineau, McCabe, Nowak, Rochna, and Cawley were recorded as voting in the negative. Councillor Daly was recorded as voting present Councillor Cawley served notice of reconsideration for a Special meeting to be held on August 17. Councillor McCabe ruled Councillor Cawley out of order as this was voted on previously. Councillor O'Keefe moved for reconsideration, and asked that a Special Meeting be set on August 22 at 7:30 P.M. to take up this matter. 709 k Order of Taking Sewer Councillor O'Keefe offered the following report for the Committee on Community System Development. It was voted to accept the report. Adoption of the recommendation was so voted by a unanimous roll call vote. The Committee on Community Development to whom was referred an Order of taking concerning takings, easements, and rights of way for additions to the City of Salem's Sewer System has considered said matter and would recommend adoption of the Order of Taking. I a it AUGUST 10, 1978 (599) ORDER OF TAKING Order of Taking City In City Council of Salem Sewer System RESOLVED, that the common convenience, benefit and necessity of inhabitants of the City of Salem require that certain fees absolute, temporary construction easements, perpetual easements and rights of way be taken for the purpose of constructing, install- ing, repairing and maintaining additions to the City of Salem sewer system, together with the perpetual right to enter at any time on the following described parcels of 1 and as to which a perpetual easement is stated and to pass over adjoining land of the said owners to repair or relay pipes, drains or other components of such size, shape, and nature as the City of Salem or its successor may deem proper, and for such use of the following described parcels of land as may be necessary for additions and improvements to the sewer system, the said sewer improvement program being set forth on a plan entitled, Sewerage Impmvements Phase II, Contract A-1 and A-2 and a copy being lodged with the Office of the City Engineer, City of Salem, Massachusetts. The parcels of land in Salem, Essex County, Massachusetts, in and to and over thich the City of Salem takes the foregoing interests and rights of way are as follows: Parcel 1. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the Southerly sideline of Mooney Road which is 82.01 ft. northerly of Highland Avenue. Thence running N 88017'55" W 238.52' Thence running N 76058'45" W 247.84' Thence running N 71009'29" W 361.32' Thence running N 45000'00" W 188.22' Thence running S 66055'27" W 271.55' Thence running N 82011'37" W 77.73' to a point on the line common to land of New Engl- and Power Co. and land of City of Salem Thence running N 59004'54" E 31.85' along said line Thence running S 82011'37" E 47.42' Thence running N 66055'27" E 256.47' Thence running N 50004'07" W 68103' to a point on the line common to land of New Engl- and Power Co. and City of Salem Thence running N 59004'54" E 21.24' along said line Thence running S 50004'07" E 77.91' Thence running S 45000'00" E 175.28" to land of DeIulis Brothers Construction Co. , Inc. Thence running S 10026'46" E 8.43" by land of DeIulis Brothers Construction Co. , Inc. Thence running S 71038'07" E 210.00' by land of DeIulis Brothers Construction Co. Inc. and land of City of Salem Thence running S 70036'00" E 112.30" by land of City of Salem and Lot 20 54 AUGUST 10, 1978 Thence ruining S 71003'10" E 56.31' by lots 20 and 21 Thence running S 76022'50" E 58.64' by lots 21 and 22 Thence ruining S 80008150" E 61.25' by lots 22 and 23 Thence running S 79045130" E 61.25' by lots 23 and 24 Thence running S 80026120" E 104.67 by lot 24 and over land of New England Power Co. Thence running S 88017'55" E 148.11' to Mooney Road Thence running S 57034104" E 39.14' by Moroney Road to the point of beginning Area of Easement 28,704± Square Feet. All as shown on "Plan of Easement, Mooney Road, Salem, Mass. , Scale 1"=40' , March 7, 1977, Anthony V. Fletcher, City Engineer, " to be recorded herewith. Parcel JA. A temporary construction easement over land bounded and described as follow Land of New England Pourer Company as shown on "Plan of Easement, Mooney Road, Salem, Mass. , Scale 1"=40' , March 7, 1977, Anthony V. Fletcher, City Engineer," to be recorded • herewith. Parcel 2. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point 39.63 feet Southeast from the intersection of the Westerly side- line of Verona Street and the Northerly sideline of Springside Avenue: Thence running along land of Porcello and land of Gemma S 65027'30" W, a distance of 328.27" to the Easterly sideling of Marlborough Road: Thence running along said Easterly sideling of Marlborough Road N 8028'30" W, a distance of 20.81 feet: Thence running N 65027'30" E, a distance of 331.25' to the Westerly sideline of Verona Street: Thence running along said Westerly sideline of Verona Street S 0056'00" E, a distance of 21.83' to the point of beginning. Said sewer easement contains 6594± Sq. Ft. as shown on a plan entitled "Plan of Ease- ments, Marlborough Road, Verona Street, and Springside Avenue, Salem, Mass. , Scale 1"-40' , April 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 2A. A temporary construction easement over the land bounded and described as P follows: A 20 ft. wide strip of land adjacent to the Northerly side of the permanent easement Aga described as Parcel 2 of this Order of taking as shown on "Plan of Easements, Marlborough Road, Verona Street, and Springside Avenue, Salem, Mass. , Scale 1"=40' , April 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 3. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point N 78037154" E, a distance of 21.00 feet from the intersection of the Westerly sideline of Verona Street and the Northerly sideline of Springside Avenue: AUGUST 10, 1978 5,17 Thence running N 0034'33" W, a distance of 25.05' to land of New England Power Company: Thence running along said land of New England Power Ccupany N 59004'54" E, a distance of 23.17 feet: Thence running S 0034'33" E, a distance of 43.95' to the Northerly sideline of Spring- j� side Avenue: JThence running along said Northerly sideline of Springside Avenue S 78037'54" W, a distance of 20.36 feet: Said sewer easement contains 580± Sq. Ft. as shown on a plan entitled, "Plan of EasenLenl s, Marlborough Road, Verona Street, and Sprinside Avenue, Salem, Mass. , Scale 1"=40' , Apri 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 3A. A temporary construction easement over the land bounded and described as follows: A strip of land adjacent to the Westerly side of the permanent easement of variable width, as shown on "Plan of Easements, Marlborough Road, Verona Street, and Springside Avenue, Salem, Mass. , Scale 1"=40' , April 25, 1977, Anthony V. Fletcher, City Engineer,' to be recorded herewith. Parcel 4. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the Northerly boundary line of land of Pomakis which is N 590 04'54" E, 24.03' from the Northwesterly corner of said land. Thence running N 0034'33" W, a distance of 134.14' to land of the City of Salem: Thence running along said land of the City of Salem N 59004'54E, a distance of 23.17 feet: Thence running S 0034'33" E, a distance of 134.14' to land of Polly Pomakis: Thence running S 59004'54" W a distance of 23.17 ' to point of beginning. Said sewer easement contains 2682±Sq. Ft. as shown on a plan entitled, "Plan of Ease- Tents, Marlborough Road, Verona Street, and Springside Avenue, Salem, Mass. , Scale 1"-401 , April 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 4A. A temporary construction easement over the land bounded as described as follows: A strip of land adjacent to the Westerly side of the permanent easement of variable width, as shown on "Plan of Easements, Marlborough Road, Verona Street, and Spring- side Avenue, Salem, Mass. , Scale 1"=40' , April 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 5. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point which is N 20039'50" W, a distance of 52.93' from the intersection Of lots 218-A, 210, 370, and 375: Thence running N 20039'50" W, along said lot 370, a distance of 57.70 feet: 5 18 AUGUST lo, 1978 Thence running over said lot 275 N 0°23'03" W, a distance of 230.94 feet: Thence running N 59036'56" E, a distance of 118.92 feet: Thence running N 1023104" W, a distance of 145.68 feet: Thence running N 24014'05" E, a distance of 268.86 feet: Thence running N 55047124" E, a distance of 17.93' to lot 73: Thence running along said lot 73, S 20°09'40" E, a distance of 15.16 feet: Thence running S 24014105" W over said lot 375, a distance of 268.77 feet: Thence running S 1°23'04" E, a distance of 152.91 feet: Thence running S 59°36156" W, a distance of 119.15 feet: Thence running S 0°23'03" E, a distance of 273.52 feet to point of beginning. Said sewer easement contains 15,919± Sq. Ft. as shown on a plan entitled, "Plan of Easements on Highland Avenue, Scale 1"=50' , March 18, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 6. A permanent and perpetual easement over the land bounded and described as follows: Beginning at the point of curvature of a cul-de-sac-on the Northeasterly sideline of Buena Vista Avenue at land of Cronin: Thence running along said cul-de-sac in a general Southeasterly Direction along a curved line an arc distance of 18.59' to a point - said point being the true point of beginning. Thence running over land of Yonally S 54025130" E a distance of 41.23' to land of City of Salem: Thence running along said City land S 49°39'20" W a distance of 20.62 feet: Thence running N 54025'30" W, a distance of 17.42' to the sideline of the cul-de-sac on Buena Vista Avenue: Thence running in a generally Northwesterly direction along a curve having a radius of 60.00' an arc distance of 27.69' to the point of beginning. Said sewer easement contains 580± Sq. Ft. and is shown on a plan entitled "Plan of Easement for Sewer Purposes, Buena Vista Avenue, Salem, Mass. , Scale 1"=20' , March 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 6 A. A temporary construction easement over the land bounded and described as follows: A strip of land adjacent to the Southerly side of the permanent easement of variable width as shown on "Plan of Easement for Sewer Purposes, Buena Vista Avenue, Salem, Mass. , Scale 1"=20' , March 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 7. A permanent and perpetual easement over the land bounded and described as follows: Beginning on the Westerly sideline of Barcelona Avenue at the Northeasterly corner of Lot 327. i AUGUST 10, 1978 `a $3 Thence running S 4°39'/30" E 21.31' by Barcelona Avenue Thence running S 65008'41" W 117.52 feet: Thence running S 54019'06" W 6.00' to Lot 360: Thence running N. 14°07'53" W 21.50' by Lot 360: Thence running N 65008'41" E 126.77" by Lot 328 to Barcelona Avenue and the point of Vedbeginning. Said easement contains 2500± Sq. Ft. as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"-20' , April 1, 1977", to be recorded herewith. Parcel 7 A. A temporary construction easement over the land bounded and described as follows: A 10 ft. wide strip of land adjacent to the Southerly side of the pernianent easement, a shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=20' , April 1, 1977", to be recorded herewith. Parcel 8. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the line coimion to Lot 360, Lot 328, and Lot 327. Thence running S 14°07'53" E 21.50' by Lot 327: Thence running S 54°19'06" W 88.51' to Lot 359: Thence running N 31013'34" W 20.06' by Lot 359 to the point common to Lots 359, 360, 334, and 335: Thence running N 54019'06" E 94.85' to the point of beginning. Said easement contains 1830± Sq. Ft. as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=20' , April 1, 1977," to be recorded herewith. Parcel 8A. A temporary construction easement over the land bounded and described as follows: A 10 foot wide strip of land adjacent to the Southerly side of the permanent easement as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=20' , April 1, 1977', to be recorded herewith. Parcel 9. A permanent and perpetual easement over the land bounded and described as follows: Beginning at the most Northerly corner of Lot 359: 4 Thence running S 31°13'34" E 20.06' by Lot 360: Thence running S 54019106" 'W 45.391" Thence running N 70016'40" W 10.02' to the point commn to Lots 335, 336, and 359: Thence running N 41°43158" E 53.93' by Lot 335 to the point of beginning. Said easement contains 704± Sq. Ft. as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=20' , April 1, 1977", to be recorded herewith. AUGUST 10, 1978 Parcel 9 A. A temporary construction easement over the land bounded and described as follows: A 10 foot wide strip of land adjacent to the Southerly side of the permanent easement as shown on "Plan of Easement for Sewer Purposes', Barcelona Avenue, Scale 1"=20' , April 1, 1977", to be recorded herewith. Parcel 10. A permanent and perpetual easement over the land bounded as described as follows: Beginning at a point on the Northerly sideline of Highland Avenue which is 60.60 feet Westerly from the Easterly corner of Land of Jean P. and Alda E. LaChapelle: Thence running S 54031'10" W 20.40' by the Northerly sideline of Highland Avenue as laid out by the Mass. Dept. of Public Works, 1946: Thence running N 24005121" W 241.611" Thence running N 8038'49" W 193.93' to land of City of Salem: Thence running N 70045'20" E 20.35' by land of City of Salm: Thence running S 8038149" E 194.98"' Thence running S 24005'21" E 234.86' to Highland Avenue and the point of beginning. Said sewer easement contains 8,654± Sq. Ft. as shown on "Plan of Easements on Highland Avenue, Scale 1"=40' , March 17, 1977, to be recorded herewith. Parcel 10 A. A temporary construction easement over the land bounded and described as follows: Land of Jean P. & Alda E. Lachapelle as shown on "Plan of Easements on Highland Avenue, Scale 1"=40' , March 17, 1977, on file at the City Engineer's Office, Salem, Mass." to be recorded herewith. Parcel 11. A penonent and perpetual easement over the land bounded and described as follows: Beginning at a point 163.90 feet Southerly of Mussolini Road along the line common to Lot 59 and Lot 649. Thence ruining S 13050'12" E 32.06' along the line common to Lots 59 and 649 and Lot 60 Thence running S 75032'10" W 31.13' by Lot 60: Thence running S 14027150" E 25.00' by Lot 60: F Thence running S 75032110" W 350.00' by Lots 28, 29, 30, 31, 581 and 582: Thence running S 14028150" E 16.45' by Lot 582: Thence running S 60047'12" W 293.00' by Lots 53, 662, 663, 51 and 50 to Lot 375: Thence running N 26012143" W 27.11' by Lot 375: Thence running N 55047124" E 287.581" Thence running N 75056'02" E 290.29 feet: Thence running N 61050'03" E 109.72' to Lot 59 and the point of beginning. Said sewer easement contains 24,462± Sq. Ft. and is shown on a plan entitled "Plan of Easement, Mussolini Road, Salem, Mass. Scale 1"=40' , March 22, 1977, : to be recorded herewith. AUGUST 10, 1978 551 Parcel 12. A permanent and perpetual easement over the land bounded and described as follows: Beginning at the intersection of the Southerly sideline of Mussolini Road and the West- erly sideline of Marlborough Road and continuing as follows: Thence running along said Westerly sideline of Marlborough Road S 0023150" E, a distanc of 10.38 feet, to an angle point: Thence running along said Westerly sideline S 0005'42" E, a distance of 40.15 feet to Lot 60: Thence running S 75032'10" W along said lot 60 a distance of 100.00 feet to lot 73: Thence running N 13050'13" W along said lot 73 a distance of 32.06' : Thence running N 61050'03" E, a distance of 108.58' to the Southerly sideline of Mussolini Road Thence running along said Southerly sideline, S 51027'30" E, a distance of 11.04' to point of beginning. Said easement contains 4794± Sq. Ft. as shown on a plan entitled, "Plan of easement, Mussoline Road and Marlborough Road; Salem, Mass. Scale 1'=401 , March 22, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 13. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the Southerly sideline of Home Street common to the land of John H. Y Gladys L. Broughton 180.00' Westerly from the Southerly intersection of Hone Street and Marlborough Road: Thence running S 70032'00" E along said sideline of Hone Street 20.00 feet: Thence running S 19028100" W to the land of Joseph A. & Ida A. Furnari 70.69 feet: Thence running N 70001100" W by land of Furnari 20.00 ft: Thence running N 19028100" E by land of Broughton 70.51' to the point of beginning. Said easement for sewer purposes contains 1412 Sq. Ft. , mare or less, as shown on "Plan of Land-Taking and Easement for Sewer Purposes, Marlborough Road & Hone Street, Salem, Mass. Scale: As noted, February 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 14. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the Westerly sideline of Sophia Road. Said point being S 140 50'00" W, a distance of 109.32' from the point of curvature at the intersection of Appleby Road as shown on a plan hereinafter mentioned: Thence running N 75010'00" W over land of Salem Cooperative Bank, a distance of 125.00' to land of Augustus J. Antonio & Alexandra Makrakis: Thence running along said land of Antonio & Makrakis N 14050'00" E, a distance of 20.00 feet: Thence running S 75010100" E, a distance of 125.00' to the Westerly sideline of Sophia Road: ,ins —�. AUGUST 10, 1978 Thence running along said Westerly sideline S 14050'00" W a distance of 20.00 feet to point of beginning. Said Sewer easement contains 2500± Sq. Ft. as shown on "Sewer Easements, Appleby Road and Sophia Road, Salem, Mass. Scale 1"=40' February 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 14A. A temporary construction easement on the land bounded and described as follows: A strip of land adjacent to the Northerly side of the permanent easement of variable width as shown on "Sewer Easements, Appleby Road and Sophia Road, Salem, Mass. , Scale 1"=40' February 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 15. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the Southerly sideline of Appleby Road, said point being S 610 17'30" W, a distance of 136.18' from the point of curvature at the intersection of Sophia Road as shown on a plan hereinafter mentioned: Thence running S 45024'18" E over land of Augustus J. Antonio and Alexandra Makrakis a distance of 24.03' to land of Salem Cooperative Bank: Thence running S 14050'00" W, along said Salem Cooperative Bank land a distance of 20.00 feet: Thence running N 45024'18" W, a distance of 39.16' to the Southerly sideline of Appleby Road: Thence running N 61017130" E, along said Southerly sideline, a distance of 18.13 ' to the point of beginning. Said Sewer easement contains 570± Sq. Ft. as shown on plan entitled "Sewer Easements, Appleby Road and Sophia Road. Salem, Mass. Scale 1'=40' February 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 15A. A temporary construction easement over the land bounded and described as follows: A strip of land adjacent to the Northerly side of the permanent easement of variable width as shown on "Sewer Easements, Appleby Road and Sophia Road. Salem, Mass. Scale E 1"=40' February 1977 Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 16. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point which is S 58008150" E, a distance of 80.89' from the end point of the Southeasterly sideline of Ridgefield Avenue: Thence running N 67048'30" E, along Lot 75, a distance of 33.67' : Thence running S 41010'07" E, a distance of 63.32' to Lot F: Thence running S 67049120" W along said Lot F a distance of 10.83' to land of the City of Salem: Thence running N 58008'50" W along said land of the City of Salem a distance of 73.97' AUGUST 10, 1978 553 to the point of beginning. Said sewer easement contains 1332± Sq. Ft. as shown on plan entitled "Plan of Easements, Riar Highland Avenue, Salem, Mass.., Scale 1"=201 , April 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 17. A permanent and perpetual easement over the land bounded and described as i� follows: Beginning at a point which is S 58008'50" E, a distance of x.54.86' from the end point of the Southeasterly sideline of Ridgefield Avenue. Thence running N 67049'20" E along Lot 76 a distance of 10.83 feet: Thence running S 41010'07" E a distance of 30.00' to land of the City of Salem Thence running N 58008'50" W along said land of the City of Salem a distance of 35.05' to the point of beginning. Said sewer easement contains 154± Sq. Ft. as shown on plan entitled "Plan of Easements, Rear Highland Avenue, Salam, Mass. , Scale 1"=20' , April 25, 1977, Anthony V. Fletcher, City Engineer," tp be recorded herewith. The City of Salem takes in fee all the right, title and interest in and to the following described parcels of land: Parcel 18. Beginning at a point on the Westerly sideline of Marlborough Road a distance of 72.20' South of the intersection of Marlborough Road and Home Street as shown on the plan entitled "Plan of Land-Taking and easement for sewer purposes, Marlborough Road and Home Street, Salem, Mass. , Scale: As noted, February 1977, Anthony V. Fletcher, City Engineer." Thence running S 30027'10" W along said sideline of Marlborough Road for a distance of 30.51' to a point: Thence running N 70001'00" W over land of Joseph A. & Ida A. Furnari for a distance of 174.46' to a point: Thence running S 19059'00" W over land of Furnari for a distance of 30.00" to a point: Thence running N 70001'00" W over land of Furnari for a distance of 70.00' to a point: Thence 'funning N 19059'00" E for a distance of 60.00' to a point common to the lands of Furnari and John J. & Gladys L. Broughton: Thence running S 70001'00" E along the line common to the lands of Furnari and Brough- ton, and common to the lands of Furnari and John L. & Maureen T. Ouellette for a distance of 250. ' to the point of beginning. The above describes a taking for seer purposes, the total area being 9517 Sq. Ft. more or less. Parcel 19. Beginning at a point on the Westerly sideline of Highland Avenue common to the lands Of Greg Rogers Co. , Inc. , and Jerry's Inc. , as shown on a plan entitled "Plan of Land- Taking and easement for Sewer Purposes, Highland Avenue, Salem, Mass. Scale 1"=201 , _ 5• ;> AUGUST 10, 1978 March 29, 1977, Anthony V. Fletcher, City Engineer. : Thence running N 48037'50" W along the line ccmnon to the said lands for a distance of 31.97' to a point: Thence running N 21007158" E for a distance of 31.97' to a point: Thence running N 48037150" E for a distance of 31.84' to a point on the Westerly side- line of Highland Avenue: Thence running Southerly along sideline of Highland Avenue on a curve of radius of 3946.00 feet for a distance of 31.98' to the point of beginning. The above describes a taking for sewer purposes, the total area being 973± Sq. Ft. more or less. Parcel 19 A. A Temporary Construction Easement over the land bounded and described as follows: A parcel of land adjacent to the Northerly and Westerly sides on the Permanent Easement as shown on "Plan of Land-Taking and easement for Sewer Purposes, Highland Avenue, Salem, Mass. , Scale 1"=20' , March 29, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 20. Beginning at a point on the Northwesterly sideline of Ravenna Street a distance of 150' Northeasterly by Lots 332 and 331, as shown on plan hereinafter mentioned, 176.85' Southeasterly by lots 360 and 359, as shown on said plan, 160.40' , and Southwesterly by lot 336, as sham on said plan, 116.681 . All of said boundaries are determined by the Court to be located as sham upon plan numbered 11802-, drawn by Thomas A. Appleton, Civil Engineer, dated December 6, 1928, as modified and approved by the Court, field in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title #7179 in said Registry, and the above-described land is sham as lots #333, 334 and 335, sheet 2, on last mentioned plan. Parcel 21. A temporary construction easement over the land bounded and 'described as follows: A strip of land adjacent to the side of the permanent easement of variable width, as shown on "Plan of Easement Mooney Road, Salem, Mass. , Scale 1"=40' , March 7, 1977, Anthony V. Fletcher, City Engineer over lots 13-24. ORDERED: That the City Council of the City of Salem, with approval of its Mayor by and under the provisions of Chapter 79 of the General laws, does hereby take by right of eminent domain, in accordance with Chapter 43, Section 30 and by every other parer and authority enabling for the purpose of the afore said sewer improvement project. The supposed owners of land affected and the amount of the award to each are as follows: AUGUST 10, 1978 3 s OWNER AWARD Parcel 1 and lA New England Pacer Company $3,360.00 Parcel 2 and 2A New England Power Company $2,150.00 Parcel 3 and 3A Polly Pomakis Et al $ 295.00 Parcel 4 and 4A New England Power Company $ 890.00 Parcel 5 Messina Trust $1,950.00 Marcel 6 and 6A Raymond Richard et ux $ 385.00 Parcel 7 and 7A Michael A. Francullo et ux $ 890.00 Parcel 8 and 8A Michael A. Francullo et ux $ 685.00 Parcel 9 and 9A Anthony C. Civiello et ux $ 275.00 Parcel 10 and 10A Jean P. LaChapelle et ux $5,800.00 Parcel 11 New England Power Company $1,200.00 I Parcel 13 John L. Ouellette et ux $ 480.00 Parcel 14 and 14A Heritage Cooperative Brink $ 600.00 Parcel 15 and 15A August J. Antonio et al $ 225.00 Parcel 16 Massachusetts Electric Company. $ 160.00 ' Parcel 17 Massachusetts Electric Company $ 50.00 Parcel 18 Joseph J. Furnari et ux $3,250.00 Parcel 19 and 19A Jerry's Inc. of Salem $5,100.00 Parcel 20 John v. Spina $10,000.00 II - AUGUST 10, 1978 Parcel 21 DeIulis Brothers Construction Caripany Inc. $ 590.00 Arthur & Brenda wry $ 310.00 Mario & Carol Filardo $ 285.00 Joseph & Ann Ercha $ 340.00 Richard & Shirley Marescalshi $ 315.00 Zegmunt Kohn $ 355.00 All compensation i.n in full for any and all damages sustained by them aforesaid, said amounts are to be charged to the City of Salem, Community Development, One Salem Green, Salem, Massachusetts. The names of owners herein given, although supposed to be correct, are such onl as to matters of opinion and belief. ORDERED: That the City Clerk cause an attested copy of this ORDER to be recordEd in the Essex South District Registry of Deeds at Salam within thirty days frau date of adoption and approval hereof. t Given under our hands this 14th day of August, 1978. CITY COUNCIL MEMBERS s/ James M. Daly s/ George F. McCabe s/ Stephen P1 Lovely s/ Joseph M. Centorino s/ Jean-Marie Rochna s/ George A. Nowak s/ Stanley J. Usovicz, Jr. s/ Jean-Guy J. Martineau s/ Frances J. Grace s/ Leonard A. Cawley, Jr. s/ Brian T. O'Keefe i APPROVED: s/ Jean A. Levesque, Mayor, August 14, 1978 (597) 710 Appr. Police Expense Councillor Martineau offered the following report for the Cannittee on Finance. It was voted to accept the report and adopt the recommendation. The Committee on Finance to whan was referred the appropriation of $5,000.00 from the "Revenue Fiscal 1979" Account to the "Police Expense" Account has considered said matter and would recommend that the appropriation be granted subject to the afailability of funds in the State Account with which funds will be used to reimburse the city. 711 Anthony C. Fiore Councillor Grace offered the following report for the Committee on Licenses Taxi License and Permits. It was voted to accept the report and adopt the recamiendation. The Conoittee on Licenses & Permits to wham was referred the matter of grant- ing an Auto passenger (2) and Taxi Stand License to Anthony Fiore, 191 Pleasant Street, Marblehead, has considered said matter and would recon end that said appli- cations be denied. AUGUST 10, 1978 557 Councillor Grace offered the following report for the Committee on Licenses & 712 e & Billiard License Permits. It was voted to accept the report and adopt the recommendation. ansfer The Committee on Licenses & Permits to wham was referred the matter of transferring the license from John Galaris to Michael Mason and David Zanchi at the Cue & Billiard Lounge on Lafayette Street has considered said matter and would recommend that the j transfer of the license on the street floor at its present location be granted. 713 (569) Councillor Grace offered the following report for the Committee on Licenses & Ord. Gas Stations Permits. It was voted to accept the report and adopt the recommendation. Councillor provide air pumps Daly was recorded as opposed. The Committee on Licenses & Permits to whom was referred the matter of an Ordinance to amend an Ordinance relative to all Gas Stations providing an Air Pump has considerec said matter and would recommend that said ordinance be adopted. 714 Councillor Grace offered the following report for the Committee on Licenses & Granting Certain Permits. It was voted to accept the report and adopt the recommendation. Licenses The Comaittee on Licenses & Permits to whom was referred the matter of granting certian licenses has considered said matter and would recommend that the following be granted. NEW APPLICATIONS TAXI OPERATOR David LaBranche, 49 Lawrence Street, Salem Thomas D. Reynolds, 5 Summer Street, Salem Marjorie Palmluist, 68 Prescott Street, Wakefield i Virginia Lee Collins; 3 Meadow Street, Salem Albert Hill, 172 Washington Street, Gloucester i Gale Sylvester, 3 Prince Street Place, Salem RENEWALS TAXI OPERATOR Mario Salvatore, 192 Washington Street, Peabody 715 (578) Councillor Usovicz offered the following report for the Committee on Personnel & Upgrading position of Dog Constable Salaries. It was voted to accept the report and adopt the recommendation. Councillor Grace was recorded as voting "present". The Committee on Personnel & Salaries to wham was referred a letter relative to the upgrading in the position of Doa Constable has considered said matter and would recommend that the position be up-graded to Job Group 6, Step 3 in concurring with the decision of the Personnel Board. 716 (244) Councillor Usovicz offered the following report for the Committee on Personnel & Ord. Off Street Maint. Man Salaries. It was voted to accept the report and adopt the recommendation. The Committee on Personnel & Salaries to whom Was referred an Ordinance relative to the classification and Salary Schedules of certain Employees entitled 'Off Street Parking - Maintenance Man" has considered said matter and would recommend that the �;:•^'� AUGUST 10, 1978 not pass. 717 Realignment of Wards Councillor Usovicz offered the following report for the Committee on Realignment. It was voted to accept the report. The Committee on realignment to whom was referred the matter of equally balancing the population of the City's wards has considered said matter and would recommend adoption of six (6) wards not excessing 6939 and not less than 5678 people. Councillor Usovicz moved for a five minute recess at 11:40 P.M. It was so voted. The Council reconvened at at 11:45 P.M. Councillor O'Keefe amended to incorporate the map that was utilized so that the six wards would be as voted by the Committee. Councillor O'Keefe spoke on realignment. Councillor Cawley ruled Councillor O'Keefe out of order as he was only to speak on the amendment. Councillor O'Keefe challenged the ruling of the Chair. The Chair was upheld by a hand vote. Councillor O'Keefe's amendment was so voted. Councillor Usovicz moved the question. It was so voted. Adoption of the Recommendation of the Committee as amended was so voted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Centorino, Daly, Lovely, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, Martineau, McCabe, Nowak, and Rochna were recorded as voting in the negative. Councillor O'Keefe moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. 718 Realignment of Councillor Usovicz offered the following report for the Committee on Precincts Realignment. The Committee on Realignment to whan was referred the matter of equalizing precincts in the City's wards has considered said matter and would report out with no recommendation. Councillor Usovicz moved that it be referred back to the Committee on Realignment. It was so voted. (684) Phase II Sewer Councillor O'Keefe stated that on the matter tabled earlier in the evening Authoriz. Treasurer to borrow funds relative to Authorizing the Treasurer to borrow for Phase II Sewer Program, since the City Engineer was not available as expected at this meeting to speak on this matter, made motion that this matter be referred and taken up at the Special Meeting being held on August 22 at 7:30 P.M. when reconsideration of of the vote for the SRA Closeout agreement will be taken up. It was so voted. Both matters will be taken up at this special meeting. 719 Inflammable Lic. A communication was received from Lt. David Goggin, Fire Marshal, to correct 70A Loring Ave to 277 Canal Street an inflammable license address from 70A Loring Avenue to 277 Canal Street, in agree= ment with the Assessors Map. it was so voted. AUGUST 10, 1978 i.: The vandalism report of the Public property De Y, 720 Pe y partment for the month of Jul Vandalism report 1978 was received and filed. i 721 The petition of New England Telephone & Telegraph Company and Massachusetts Pole Relocation Electric C for joint South Street ompaliY j pole relocation on South Street was granted. 722 The Petition of New England Telephone & Telegraph Company and Massachusetts Pole relocation Electric C for joint Summit Avenue Company j pole relocation on Summit Avenue was granted. 723 An invitation was received from the C.B. Witches to attend a "Coffee-Break" Invitation to attend at the Liberty Tree Mall on September 4, 1978 from 9:00 A.M. to 6:00 P.M. On the LCiberty Tree Mall motion of Councillor Grace, the invitation was accepted and received and filed. 724 A petition was received from the V.F.W. to hold their Annual Jail Day in the V.F.W. Jail Days City of Salem on September 16, 1978. On the motion of Councillor McCabe, the petition was granted. The application of the residents of Buff725 um Street to hold a Block Party on Block Party Buffum St. August 12, 1978 from 10:00 A.M. to 5:00 P.M. was granted. 726 The application of Mack Park to hold a Tag Day in the City on August 11, 1978, TAG DAY Mack Park was granted. 727-732 The following taxi operator applications were referred to the Committee on Appl. Taxi operator Licenses & Permits. Suzanne J. Douglas, 6 Prince Street, Salem Sharon Gale, 3 Prince Street, Salem Theresa McShay, 81 Rainbow Terrace, Salon Gail H. Parker, 42 Riverside Street, Danvers John Ronan, 104 Tremont Street, Peabody Louis Wadach, 7 Hodges Court, Salem 733-734 The following Public Guide Applications were granted. Public Guide Eleanor Hopkins, 18 Lake Shore Avenue, Beverly James J. Centorino, 71 Columbus Avenue, Salem 735-741 The following Claims were referred to the Committee on ordinances & Legal Claims Affairs. Julius Abcunas, 185 North Street, Salem Robert Davenport, 67 Tremont Street, Salem Mrs. Thomas Kulak, 8 Pearl Street, Salem Elizabeth Prescott, 20 Chestnut Street, Salem Robert Scahill, 326 Lowell Street, Peabody John J. Tufo, 127 Hancock Street, Haverhill Mary Vaccaro, 110 Railroad Avenue, So. Hamilton I 7 .; AUGUST 10, 1978 742-743 Bonds The following Bonds were referred to the Committee on Rules & Bonds and returned approved. CONSTABLE Richard Winer, 30 Loris Road, Peabody DRAINLAYER Narcisse Talbot, 3 Laurent Road, Salem (612) Second passage S. 13 The matter of second and final passage of an Ordinance amending Traffic Sec. Service Zone Washington Street 13, Service Zone, Washington Street, was then taken up. The Ordinance was adopted for second and final passage. (613) Second passage S. 51E The matter of second and final passage of an Ordinance amending Traffic Sec. Park. Prohib. Cambridge Street 51-B, Parking Prohibited, Cambridge Street was then taken up. Councillor Lovely amended by deleting section 51-B and inserting 57-A. The amendment was so voted. the Ordinance was adopted as amended for second and final passage. (615) Second passage The matter of second and final passage of an Ordinance amending Traffic Sec. Preamble S. 49 49, Preamble Inserting Chapter 89, Section 9, was then taken up. 'It was adopted for second and final passage. (616) Second passage The matter of second and final passage of an Ordinance amending Traffic S. 74 Tow Zones Curtis Street Section 74 Tow Zones, Curtis Street, was then taken up. It was adopted for second and final passage. (617) Second passage The matter of'second and final passage of an Ordinance amending Traffic S. 13 Service Zone Church Street Section 13, Service Zones, Church Street, was then taken up. It was adopted for second and final passage. (621) Second passage The matter of second and final passage of an Ordinance amending Traffic S. 12 Taxi Stand Washington Street Section 12, Taxi Stand, Washington Street, was then taken up. It was adopted for second and final passage. (624) Port Service Fee Councillor Cawley moved to take from the table the matter of the Port Service Ordinance fee Ordinance. It was so voted. Second and final passage of the Ordinance was def- eated by a hand vote. (285) Appr. Personnel Councillor Grace moved to keep the matter of an Appropriation of $4,256.85 Payroll from "Surplus Revenue" to "Personnel Dept. Payroll" on the table. It was so voted. Festa Italiana Councillors Grace and Centorino invited all Councillors to attend the Festa Italiana Day on August 12, 1978. Jurors at Salem Councillor Grace was appointed to draw seven (7) jurors for the September 5, 1978 Salem Superior Court sitting at Salem. 1. Eleanor B. Raynes, 3 Peter Road, Housewife 2. James A. Dalton, 9 Skerry Street, Retired 3. Ronald R. Calvani, 21 Clark Street, Store Owner 4. Judith A. rn,inlivan, 5 Oak Street, LPN 5. Doris M. Razney, 71 Rainbow Terrace, Inspector AUGUST 10, 1978 5C I 6. Francis H. Sylvester, 82 Tremont Street, Mill Operator 7. John F. Murray, 2 Bradford Street, Laborer Jurors at Lawrence Councillor Lovely was appointed to draw four (4) jurors for the September 11, 1978 Salem Superior Court sitting at Lawrence. 1. Ephrem A. Caron, 12 Pope St. Apt. A-811, Retired 2. Mary L'Italien, 114; Bridge Street, Restaurant Owner 3. Gayle Nakis, 17 Turner Street, At Home 4. Paul Carroll, R-77 Fort Avenue, Truck Driver On the motion of Councillor Lovely, the meeting adjourned at 12:30 P.M. A=ST: JOSEPHINE R. FUSCO CITY CLERK i AUGUST 22, 1978 A Special Meeting was held in the Council chamber on Tuesday, August 22, 1978 at 7:30 P.M. for the purpose of taking action on the matters of reconsideration of the SRA Closeout Agreement, Phase III Sewer Grant Application, and authorizing the City Treasurer to borrow funds for Phase III, an Appropriation of $374,000.00 from "Sewer Receipts Reserved for Appropriation" to "South Essex Sewerage District Assessment", and and Appropriation of $13,584.00 from "Revenue Fiscal 1979" to "Drug Rehabilitation" Account. Notice of this meeting was posted on August 17, 1978 at 2:36 P.M. Councillors McCabe, Daly, Rochna, and Nowak were absent. President Leonard A. Cawley, Jr. presided. Councillor Martineau moved to dispense with the reading of the record of the previous meeting. It was so voted. (708) SRA Closeout Agreement Councillor O'Keefe moved for reconsideration on the matter of the SRA Closeout (Reconsideration) Agreement. Reconsideration was so voted. Councillor O'Keefe moved to delete the previous agreement, and substitute in place thereof a new agreement. It was so voted. Councillor O'Keefe moved for adoption of the new agreement as amended. It was so voted by a roll call vote of 7 yeas, 0 nays, 4 absent. Councillors Centorino, Grace, Lovely, Martineau, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirma- tive. Councillors Daly, McCabe, Nowak, and Rochna were absent. Councillor 0"Keefe moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. The final SRA Closeout Agreement shall now read as follows: SALEM REDEVELOPMENT AUTHORITY CLOSEOUT AGREEMENT THIS AGREEMENT entered into by and between the Salem Redevelopment Authority (hereinafter referred to as the "LPA") , the City of Salem (hereinafter referred to as the "City") , and the Department of Housing and Urban Development (hereinafter referred to as "HUD") , acting through the Secretary or her duly authorized agent. WITNESSETH WHEREAS, the LPA has entered into a Loan and Grant Contract with HUD for the undertaking of an urban renewal project, pursuant to the provisions of Title I of the Housing Act of 1949, as amended, such project identified as Project No. Mass. R-95 (hereinafter called the "Project") ; and the City has entered into a Cooperation Agreement with the LPA for making available financial and other assistance for the Project; and WtIEREAS, the LPA has with the concurrence of the City submitted an application for financial settlement of the Project which will result in full repayment of all temporary loans pursuant to Section 112 (b) of the Housing and Community Development Act of 1974 (P.L. 93-383) and the provisions of 24 CFR Part 570, Subpart I, and such AUGUST 22, 1978 5C3 settlement under the terms of this Agreement has been approved by resolution of the governing body of the City on August 22, 1978; and WHEREAS, the LPA has submitted a Certificate of Completion and of Gross and Net Project Cost (HUD Form 6204 and attachment) for the Project, copies of which are attached hereto; and WHEREAS, the LPA prepared an environmental assessment of the effect of financial settlement prior to substantial completion, and WHEREAS, no Citizen Participation requirements are applicable because Urgent Needs Funds will be used to settle the Project; and WHEREAS, there is no project area committee; and WHEREAS, with respect to the Project, all -approved project activities for which project funds are available, will not have been substantially completed prior to the date of the financial settlement and such settlement will result in the use of un grants for the repayment of temporary loans; WHEREAS, the LPA, the City and HUD, the parties hereto, recognize and acknowledge that the requirements with respect to certain remaining obligations as herein set forth are a condition to the approval by HUD of the financial settlement; NOW THEREFORE, in consideration of the mutual covenants, promises, and representa- tion contained herein, the parties hereto agree as follows: A. The following project activities remain to be completed: ACTIVITY ESTIMATED COST East India Square 350,000 North Walkway 250,000 Facade Improvements 100,000 Completion of Essex St. Mall 25,000 Improvements to Washington St. to be determined Improvements to Derby Street to be determined Administration Not to exceed 10% of total project cost And any other activities and costs not anticipated above which are incurred in carry- ing out the objectives of the approved Urban Renewal Plan to completion. Additional funds in excess of available Urgent Needs Funds and proceeds from the sale of land may be requested by the Mayor and appropriated by the City Council. The following parcels of property in the project area remain to be disposed: Parcel R -lA RC-2 RC-lA RC-11B RC-1B RC-11D RC-1C RC-13A RC-1D RC-14A & B These parcels shall be retained for disposition by the LPA subject to the conven- ant specifications in 570-801 (c) (1) (i) (ii) (iii) and (iv) . The proceeds from the disposition of such properties after financial settlement shall be treated as program income of the City under the provisions of 24 CFR 570.506, 4 AUGUST 22, 1978 provided that such scan shall first be applied to complete uncompleted project activities enumbrated above. B. There is no remaining relocation in the Project. C. The requirements of 105 (f) and 105 (h) of Title I of the Housing Act of 1949, as amended, are not applicable to this Project. D. Any costs or obligations incurred in connection with the Project with respect to claims which are disputed, contingent, unliquidated or unidentified, and for the payment of which insufficient, funds have been reserved under the financial settlement, shall be borne by the City. Such costs may be paid for with available Community Development Block Grant Funds. E. There is no audit required prior to financial settlement since no surplus grants are anticipated. A final audit will be conducted in conjunction with the next scheduled audit of Community Development activities. Any final audit exceptions will be borne by the City using non-federal funds. F. Special Conditions 1. HUD has imposed no special conditions in approving the request for finan- cial settlement of Project Mass. R-95. 2. The City will reimburse the LPA for monthly administrative costs to the extent that funds are available from the Urgent Needs Grant to meet said costs in accordance with the budget attached as an Exhibit. 3. The LPA will work toward the completion of the urban renewal project, and agrees not to spend more than 10% of the total cost of 'activities for administration. 4. Proceeds from the land sales will be restricted to use for the completion of the project. Upon completion of the project said proceeds, if available, shall be used for other community development activities in accordance with 24 CFR 570.506. G. The obligation under this Closeout Agreement are subject to the Program Management requirements of 24 CFR Part 570, Subpart J. H. If any provisions of this Agreement is invalid, such holding shall not affect the validity of the remainder of the Agreement. IN WITNESS WHEREOF, the parties hereto caused this Agreement to be executed and their seal to be hereunto affixed and attested as of the 23rd day of August, 1978. (SEAL) SALEM REDEVELOPMENT AUTHORITY ATTEST JOSEPHINE R. FUSCO, CITY CLERK CITY OF SALEM CONCUR: UNITED STATES OF AMERICA JEAN A. LEVESQUE, MAYOR SECRETARY OF HOUSING & URBAN DEVELOPMENT BY AUGUST 22, 1978 EXHIBIT ADMINISTRATIVE BUDGET - URBENT NEEDS GRANT August 1, 1978 Salaries $54,000 1 Fringe Benefits 8,200 Postage/Telephone 3,000 Office Supplies 1,000 Accounting 1,800 Legal 3,000 Petty Cash 600 insurance/Bonding 2,800 $74,400 Total Urgent Needs Grant &744,774 i (693) Councillor Usovicz moved to take from the table the matter of the Phase III Sewer Phase III Sewer Projec & Authorizing Treas Grant Application, and authorizing the City Treasurer to borrow funds for Phase III. to borrow funds for 9 Project It was so voted . Councillor Grace moved to authorize the Mayor to make application for the grant. It was so voted. Councillor Grace moved that the City Treasurer be authorized to borrow funds for Phase III. It was so voted by a roll call vote of 7 yeas, 0 nays, 4 absent. Councillors Centorino, Grace, Lovely, Martineau, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Daly, McCabe, Nowak, and Rochna were absent. Councillor Grace moved to immediate reconsideration hoping it would not prevail. Reconsideration was denied. 744 (679) Councillor Martineau offered the following report for the Committee on Finance. Appr. Drug Rehab. Account It was voted to accept the report and adopt the recommendation. Councillor Martineau was recorded as "opposed". The Committee on Finance to whom was referred the appropriation of $13,584.00 from the "Revenue Fiscal 1979" Account to the "Drug .Rehabilitation" Account has considered said matter and would recommend that the appropriation be granted. Councillor Grace moved for i.mnediate reconsideration hoping it would not prevail. Reconsideration was denied. Councillor Martineau was recorded in favor of reconsid- eration. 745 (676) Councillor Martineau offered the following report for the Committee on Finance. Appr. South Essex Sewerage District It was voted to accept the report and adopt the reccmDendation. Councillor Grace Assessment was recorded "opposed". JL I _ WETa.,. 4. pka AUGUST 22, 1978 The Committee on Finance to wham was referred the appropriationof $374,000.00 from the "Sewer Receipts - Reserved for Appropriation" Account to the "South Essex Sewerage District Assessment" Account has considered said matter and would recommend that the appropriation be granted. On the motion of Councillor Martineau the meeting adjourned at 7:45 P.M. ATTEST: JOSEPHII\TE R. FUSCO CITY CLERK f SEPTEMBER 14, 1978 C REGULAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 14, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 7, 1978 at 3:42 P.M. There was no one absent. Councillor Martineau left later in the evening. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. 746 The Mayor's appointment of Mr. James F. Powers as Market for a tem expiring Appt. James F. Powers Market Agent January 31, 1979, was held until the next meeting under the rules. 747 The Mayor's appointment of Mr. Paul D. McEwen as Director of Fiscal Services for Appt. Paul D. McEwen Director of Fiscal the J. Robert Shaughnessy Hospital, was confirmed under suspension of the rules by a Services J. Robert Shaughnessy Hospital unanimous roll call vote. 748 j The Mayor's appointment of Mr. John Nutting as an Associate Member of the Board Appt. John Nutting Assoc. Member Board of Appeal for a term expiring May 1, 1980, replacing Mr. Douglas Hopper, was held of Appeal until the next meeting under the rules. 749 The following Order was received from the Mayor. Councillor Martineau moved that Appr. School Teachers Salaries & School Bills it be referred to the Committee on Finance. Councillor Martineau then requested and received unanimous consent to withdraw his motion. Councillor Usovicz moved to sus the rules and refer the matter to the Committee of the Whole. Councillor Nowak objectEd. The Order was referred to the Committee on Finance. ORDERED: That the stun of Four Hundred Ninety-Six Thousand One Hundred Sixty- Three Dollars and Eighty Cents ($496,163.80) be and the same is hereby appropriated from the "Surplus Revenue" Account to the following "School Department Fiscal 1978" Accounts: 1. The sum of Three Hundred Ninety Three Thousand Two Hundred Twenty-Nine Dollars and Eighty-Two Cents ($393,221.82) to the "School Teachers Salaries" Account. 2. The sum of One Hundred Two Thousand Nine Hundred Thirty Three Dollars and Ninety-Eight Cents ($102,933.98) to the "School-Bills" Account for Special Education, in accordance with the recommendation of His Honor the Mayor. 750 The following Order, recommended by the Mayor, was referred to the Committee on Appr. New Equipment Treasurer issue bonds Finance. payable 5 years ORDERID: That the sum of Three Hundred Thousand Dollars ($300,000.00) be and hereby is appropriated for the purpose of purchasing additional departmental equipment for the Central Motor Equipment, and be it further; ORDERED: That the City Treasurer with the approval of the Mayor is authorized i 568 SEPTEMBER 14, 1978 to issue Two Hundred Seventy Thousand Dollars ($270,000.00) bonds or notes of the City pursuant to General Laws Chapter 44, Section 7 Paragraph 9 payable within five (5) year from this date for the purpose of meting in part said appropriation for the cost of additional departmental equignent in the Central Motor Equignent Department, and be it further; (l ORDERED: That the sun of Thirty Thousand Dollars ($30,000.00) being the balance of the said appropriation from the "Surplus Revenue" Account. 751 ,Appr. Water Department The following Order, recommended by the Mayor, was referred to the Coartittee [Bills on Finance. ORDERED: That the sun of Thirty Thousand Dollars ($30,000.00) be and the same is hereby appropriated from the "Sale of Real Estate Fund" Account to the "Water Department-Bills" Account in accordance with the recommendation of His Honor the Mayor. 752 jAppr. Old Town Hall The following Order, recommended by the Mayor, was referred to the Committee ilers on Finance. ORDERED: That the sum of Twenty Five Thousand Dollars ($25,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Old Town Hall-Boilers" Account in accordance with the recommendation of His Honor the Mayor. 753 pr. Park Department The following Order, recommended by the Mayor, was referred to the Committee Laborers on Finance. ORDERED: That the sun of Fourteen Thousand Ninety-Five Dollars and Eighty five cents ($14,095.85) be and the same is hereby appropriated fron the "Golf Course Receipts Fund" Account to the "Park Department Laborers" Account in accordance with the recommendation of His Honor the Mayor. 754 rurch pr. Unpaid Bills The following Order, recoamended by the Mayor, was referred to the Committee evious Fiscal Years Street Building on Finance. ORDERED: That the sun of FOtlr Thousand One Hundred Sixty Three Dollars and Ninety Two Cents ($4,163.92) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Unpaid Bills Previous Fiscal Years-Church Street Building" Account in accordance with the recommendation of His Honor the Mayor. 755 Appr. Unpail Bills 1978 The following Order, recommended by the Mayor, was referred to the Committee Cemetery on Finance. ORDERED: That the sum Of Two Thousand Six Hundred Forty Dollars ($2,640.00) be and the same is hereby appropriated from the "Perpetual Care Income Fund" Account to the "Unpaid Bills 1978 Cemetery" Account in accordance with the recommendation of His Honor the Mayor. 756 Loan Forest River Park The following Order, recommended by the Mayor, was referred to the Committee Swi mai ng Pool Construc- tion be reduced on Finance. Councillor Usovicz was recorded as Opposed. SEPTEMBER 14, 1978 ORDERED: That the Loan Authorized - Forest River Park Swimming Pool Construction authorized and passed on May 13, 1971, is hereby amended by reducing the original appr- opriation and authorized borrowing from Three Hundred Forty Thousand Dollars ($340,000. )0) to Two Hundred Thirty Thousand Dollars ($230,000.00) in accordance with the recommenda- tion of His Honor the Mayor. 757 111 The following Order, recommended by the Mayor, was referred to the Committee on Loan - Long Tenn Care Facility be reduced Finance. Councillor Nowak was recorded as opposed. ORDERED: That the Loan Authorized - Long Tenn Care Facility authorized and passed on March 9, 1972 is hereby amended by reducing the original appropriation and authorized borrowing from Five Million Eight Hundred Thousand Dollars ($5,800,000.00) to($5,000,000.00) in accordance with the recommendation of His Honor the Mayor. 758 The following Ordinance, recommended by the Mayor, was referred to the Committee Ordinance upgrading position of City Engin on Personnel & Salaries. i In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relating to the classification and salary schedules of certain employees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows: Section 1. The Ordinance relating to the classification and salary schedules of certain employees of the City of Salem effective July 1, 1978 is hereby amended by the elimination from Job Group XVII the following: City Engineer Step I Step II Step III $358.80 $391.15 $400.55 and is further amended by adding to Job Group 50-Special Category, the following: City Engineer $24,700.00 Section 2. This Ordinance shall take effect as provided by City Charter. 759 The following Order, recommended by the Mayor, was referred to the Committee on Appr. City Engineer Finance. ORDERED: That the sum of Two Thousand Nine Hundred Twenty-Five Dollars ($2,925.0 )) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "City Engineer-Salary" Account in accordance with the recommendation of His Honor the Mayor. 760 The following VETO, received frau the Mayor, was held for seven days under the VETO: Est. screening Committee for Personnel rules. Director Ladies and Gentlemen of the Council: I return to you DISAPPROVED Order No. 359 an Ordinance to Amend an Ordinance (Section 4) adopted by the City Council on July 14, 1977, relative to Establishing a Personnel Department and Duties of Personnel Director. In May, I selected three top professionals, Mr. Leonard Lemiesz, Chairman of the City of Salem Personnel Board, Mr. Timothy Noonan, former Chairman of the Personnel Board and Regional Manager for General Electric Company, and Mr. Vernon Coffey, Vice President in charge of Personnel for Parker Brothers to serve as a Screening Committee to assist me in the selection of a Personnel Director for the City of Salem. 7 17 SEPTEMBER 14, 1978 Passage of this Ordinance creating another committee which would supersede the screening Committee would be an affront to these gentlemen who have volunteered their time and expertise in the field of personnel on behalf of the City of Salem Very truly yours, s/ JEAN A. I=QUE MAYOR U ,Constables 761( The Mayor's appointment of the following Constables for a term of one year beginn- ling September 16, 1978 was received and filed. Thomas Campbell, 5 Warner St. , Salem Scott A. Thibodeau, 5 Salt Wall Lane, Salem Paul J. Emelian, 10 First Street, Salem 762 Constables The Mayor's reappointment of the following Constables for a term of one year beginn ing September 16, 1978 was received and filed. Owen Fallon, 6 Albion St. , Saler Solomon Markarian, 8 Rawlins St. , Salem Anthony Rizzotti, 10 Prescott St. , Salem William Scanlon, 9 Larkin In. , Saler Terrance J. Bryce, 12 Pope St. , Salem 763 City Match $2,000.00 Councillor Grace introduced the following Order which was referred to the Committee :grant Big Brother Big Sister Program. on Finance. ORDERED: That the City match the $2,000.00 grant awarded by ACTION to the Salem Police Department's Big Brother & Big Sister Program. This money to be used for ongoing implementation of the program. 764 RESOLUTION SRA Closeout Councillor O'Keefe introduced the Resolution which was originally referred to the Agreement Committee on Community Development relative to the SRA Closeout Agreement. It was adop- ted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Centoring, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was absent. RESOLUTION APPROVING AND AUTHORIZING SUBMISSION OF FINANCIAL SETTLEMENT APPLICATION AND EXECUTION OF THE AUGUST 23, 1978 CLOSEOUT AGR952, V FOR PROJECT N0. MASS. R-95 RESOLVED: WHEREAS, The Salem Redevelopment Authority (herein called "LPA") , with the concurrence of the City of Salem, has undertaken a certain urban renewal project with financial assistance from the Department of Housing and Urban Development (here- in her -in called "HUD") , which urban renewal project, (herein referred to as "project is identified as Mass. R-95 and; �JJ WHEREAS, the LPA has entered into a Loan and Grant Contract for the purpose of under- taking said projects and the City of Salem entered into a Cooperation Agreement with the LPA for making available financial assistance for projects and; e WHEREAS, Section 112 of the Housing and Urban Development Act of 1974 (PL 93-383) , established a process for the financial settlement of urban renewal projects and the use of surplus grant in accordance with regulations promulgated at 24 CFR 570.800 and; er SEPTEMBER 14, 1978 ') WHEREAS, the LPA has notstlbstantlallp completed all of the required program activities and the LPA wishes to use surplus grant funds in accordance with HUD regula- tions. Now therefore, be it resolved by the City Council of the City of Salem as follows + 1. That the City of Salem hereby authorizes and approves the following action of the LPA which will result in the early financial settlement of the afore- mentioned urban renewal project; 2. That the Mayor is hereby authorized and directed to execute the Closeout Agreement on behalf of the City Council as part of the aforementioned full Application. 3. That this resolution will take effect immediately. 765 Councillor Grace introduced the following Ordinance which was referred to the Ordinance est. Council for Physically Handicap- Committee on Municipal Services. Ped In the year one thousand nine hundred and Seventy-Eight An Ordinance to establish a Council for the Physically Handicapped in the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2 of the Salem Code of Ordinances is hereby amended by adding the following: Article 24 - Council for the Physically Handicapped Section 2-581 Establishment, Ccniposition and Compensation There is hereby established in the City of Salem a board to be known as the "Council for the Physically Handicapped". Such Board shall consist of five (5) members all of whom shall be residents of the City of Salem. Such members shall serve without compensation. Section 2-582 Appointment and term of members. The chairman of the Council for the physically handicapped shall be designated by the Mayor. The five (5) members shall be appointed by the Mayor subject to confirmatio by the City Council and shall hold office for the following terms: two (2) members to be appointed for a two (2) year term and three (3) menbers to be appointed for a three (3) year term. Members shall serve until a successor is duly appointed and confirmed. i� Any vacancy which shall occur in such Board shall be filled in accordance with the Provisions of this section. Section 2-583 Council for the Physically Handicapped The Council for the physically handicapped shall act in an advisory and consul- tative capacity with the general objectives of coordinating within the city departments and interested organizations, the concerns of the physically handicapped, and may Promote, assist and coordinate all activities designated to meet such concerns at canmunity levels. 5i'Z SEPTEMBER 14, 1978 Section II. This Ordinance shall take effect as provided in City Charter. 766 Resident allowed free Councillor Grace introduced the following Order which was adopted. access to Transfer Station ORDERED: That the Comaittee on Municipal Services and the Director of Public Services meet to establish the following policy which was adopted by the Council on ii August 18, 1977. "Residents with non-connercial trash shall be allowed free access to the transfer station upon presentation of the Massachusetts Driver's License showing Salem residency and, further, that the transfer station shall be opened at least one Saturday per month 767 Ordinance Traffic S. 51 Councillor Rochna introduced the following Ordinance which was referred to the Parking Prohib. Marlborough Road Committee on Municipal Services. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited on certain streets) Be it ordained by the City Council of the City of Salam, as follows: Section 1. Chapter 15, Section 51 is hereby amended by adding the following street. "Marlborough Road, starting at a point 175 feet from the southerly side of Verdon Street and extending in a southerly direction for a distance of 38 feet, No Park- ing anytime." Section 2. This Ordinance shall take effect as provided by City Charter. 768 Ordinance creating Fire Councillor O'Keefe introduced the following Ordinance which was adopted for first District and amending location of Fire Districi, passage. Councillor Nowak was recorded as opposed. In the year one thousand nine hundred and seventy-eight An Ordinance to amend the building code relative to the location and boundaries i of Fire District #1 and creating a new Fire District #2. Be it ordained by the City Council of the City of Salam as follows: Section 1. The Ordinance relating to Chapter 7, Section 2 paragraph (h) of the Code of Ordinances of the City of Salem relative to Fire Districts is hereby amended as follows: Immediately after paragraph designation " (h) " and before the words "Section 301.1" insert subparagraph heading "I". In line 20, selete all those words appearing after "through the middle of Bridge ft Street" and insert in place thereof the following language: ®/Vl� "to St. Peter St. , then southerly through the meddle of St. Peter Street to the middle of Church Street, then westerly through the middle of Church Street to Washing- ton Street, then northerly through the middle of Washington Street to Bridge Street, then westerly through the middle of Bridge Street." Add the following subparagraph designated "II" immediately following the newly designated subparagraph "I": "II. The determination is hereby made that the limits of Fire District #2 shall $F:P'f'F:MRF. R 14, 1978 comprise all the land within the following described lines: Beginning at the corner of Bridge and St. Peter Streets, then running southerly through the middle of St. Peter Street to Church Street, then westerly through the ! middle of Church Street to Washington Street, then northerly through the middle of _ Washington Street to Bridge Street then easterly through the middle of Bridge Strebt J to St. Peter Street." V� Section 2. This Ordinance shall take effect as provided by City Charter. 769 Councillor Usovicz introduced the folloiwng Ordinance which was adopted for Ordinance Traffic S. 49 Stop Sign Waite St. & first passage. Pierce Avenue In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs) Be it ordained by the City Council of the City of. Salem, as follows: Section 1. Chapter 15, Section 49, Isolated Stop Signs, is hereby amended by deleting the following: "Section 1. Chapter 15, Section 49, Isolated Stop Signs, is hereby amended by adding the following: "Northerly bound traffic on Waite St. at Pierce Avenue". and inserting in place thereof the following" "Section 1. Chapter 15, Section 49, in accordance with the provisions of Chapter 89, Section 9 of the General Laws, the following Street is designated as a Stop Street at the intersection and in the direction indicated. "Northerly bound traffic on Waite St. at Pierce Avenue." Section 2. This Ordinance, shall take effect as provided by City Charter. 770 Councillor Lovely introduced the following Ordinance which was referred to the Ordinance Traffic S. 10 One Way St. Delete Flin Committee on Municipal Services. Street In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (One Way Streets) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 10 is hereby amended by deleting the following Street. Flint Street, fran 48 Broad Street to Warren Street in a northwesterly direction. (' Section 2. This Ordinance shall take effect as provided by City Charter. 771 Councillor Usovicz introduced the following Ordinance which was adopted for Ordinance Traffic S. 10 One Way St. Webster St. first passage. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (One way Streets) Be it ordained by the City Council of the City of Salem, as follows: .Section 1. Chapter 15, Section 10 (One-Way Streets) is hereby amended by adding the following: SEPTEMBER 14, 1978 Webster Street, from Pleasant Street to Webb Street, in an easterly direction. Section 2. This Ordinance shall take effect as provided by City Charter. • 772 Investigate Gun Dealers Councillor Centorino introduced the following Order which was adopted. License of "Reliance Guns & Ammio" ORDERED: That the Police Marshal, Fire Chief, Superintendent of Public Property and City Solicitor investigate the legality of the granting of a Gun Dealers' License j to a business known as "Reliance Guns and Anuo", located on Margin Street, and that �d111V1 the findings of said investigation be communicated in writing to the Council ComLittee on Licenses & Permits, AND BE IT FUI=R ORDERED: That the above mentioned city officials present the Committee on Licenses and Permits with recommendations for changing the pmwdurs by which the City presently licenses gun dealers, so as to provide greater public input into the licensing process, and to insure a reasonable consideration of the ccnipaiab>11.- ity of such businesses with surrounding land uses. 773 Ordinance Traffic S. 13 Councillor Usovicz introduced the following Ordinance which was adopted for first Service Zone Church St. passage. Councillors O'Keefe and Cawley were recorded as opposed. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Service Zone) Be it ordained by the City Council of ;he City of Salem, as follows: Section 1. Chapter 15, Section 13, Service Zone, is hereby amended by deleting the following: Church Street, southerly side, beginning at a point 75 feet from the easterly side of Washington Street and extending in an easterly direction for a distance of 55 feet. And inserting in place thereof the following: Church Street, southerly side, beginning at a point 50 feet from the easterly side of Washington Street and extending in an easterly direction for a distnace of 60 feet. Section 2. This Ordinance shall take effect as provided by City Charter. 774 Mayor designate Cogswel Councillor Centorino introduced the following Order. Councillor Centorino amended School as surplus Prop- erty that the Mayor take steps to declare property in excess. Councillor Nowak amended "By next regular meeting." Councillor McCabe moved that the matter be referred to the Committee on Commmnity Development. It was so voted. Councillors Cawley and Centorino were recorded as opposed. ORDERED: That the Mayor take steps to have designated the Cogswell School Building as Surplus Property, and iiate steps to be taken to secure its sale to a responsibl bidder. SFR 14, 1978 Councillor Grace assumed the Chair for Councillor Cawley. Councillor Cawley resumed the Chair. 775 Councillor Grace introduced the following Resolution which was adopted. DPW survey Federal St. RESOLVED: Speed Zones That the Salem City Council adopt a resolution requesting the Massachusetts 11 Department of Public Works to survey and allow the following street or parts of a street to be legally regulated as per the following special speed regulations. Federal Street From North Street to Boston Street, 25 MPH 776 Councillor Grace introduced the following Ordinance which was adopted for first Ordinance Traffic S. 74 Tow Zone River St. passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Towing Zones) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 74 (Towing Zones) is hereby amended by adding the following: (aa) River Street, from Lynn Street in an easterly direction extending for one hundred (100) feet, both sides, Tow Zone. Section 2. This Ordinance shall take effect as provided by City Charter. The Council recessed at 9:00 P.M. and reconvened at 9:05 P.M. 777 Councillor Grace offered the following report for the CanTdttee on Licenses & Granting Certain Licenses Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following licenses be granted. TAXI OPERATOR Suzanne J. Douglas, 6 Prince St. , Salem Sharon Gale, 3 Prince St. , Salem Theresa McShay, 81 Rainbow Terrace, Salem Gail Parker, 42 Riverside St. , Danvers John Ronan, 104 Tremont St. , Peabody Louis Wadach, 7 Hodges Ct. , Salon 778 Councillor Rochna offered the following report for the Joint Cc mittees on Public Relocation of Board of Health Health and Municipal Services. It was voted to accept the report. The Joint Committees on Public Health and Municipal Services to whom was referred the matter of locating the Salem Board of Health at One Salem Green has considered said matter and would recommend that the board of Health with the exception of the laborato and the dental chair vacate the offices of Shaughnessy Hospital and conduct their business at One Salem Green. The Committee would also recamiend that the full Council report this matter out favorably. 51;1; SEPT NBM 14, 1978 The Council recessed at 9:30 P.M. Councillor Nowak was recorded as opposed. The Council reconvened at 9:32 P.M. Councillor Centorino amended that the Treasury Department and the Administrative offices of the Health Department shall be transferred to One Salem Green. The amend- ment was defeated by a roll call vote of 5 yeas, 5 nays, 1 absent. Councillors Centorino, Daly, Lovely, O'Keefe, and Cawley were recorded as voting in the affirmative. Councillors Grace, McCabe, Nowak, Rochna, and Usovicz were recorded as voting in the negative. Councillor Martineau was absent. Councillor Lovely amended that the Health Department move to One Salem Green with i the exception of the Laboratory and the Dental Chair. It was so voted by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Centorino, Daly, Grace, Lovely, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors McCabe, Nowak, and Rochna were recorded as voting in the negative. Councillor Martineau was absent. The Council recessed at 9:50 P.M. and reconvened at 9:55 P.M. Councillor Centorino amended that the room measuring 1420 square feet and the roan measuring 432 square feet be turned over by the Board of Health to the Shaughnessy Hospital. The amendment was defeated by a roll call vote of 4 yeas, 6 nays, 1 absent. Councillors Centorino, McCabe, Nowak, and Rochna were recorded as voting in the affir- mative. Councillors Daly, Grace, Lovely, O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. Councillor Martineau was absent. Councillor Daly moved to table the cannittee report as amended until the next regular meeting. It was so voted. Councillor Usovicz was recorded "opposed". (687) 779 Salary Schedule Water Councillor Usovicz offered the following report for the Camnittee on Personnel & Superintendent Salaries. It was voted to accept the report. The recommendation was adopted for first passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Centorino, Daly, Grace, Lovely, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Nowak and Rochna were recorded as voting in the negative. Councillor Martineau was absent. The Committee on Personnel & Salaries to wham was referred the matter of an ordinance relating to classification and Salary Schedules of certain employees - Water Superintendent, has considered said matter and would recommend the passage of the Ordinance as introduced at the August 10, 1978 meeting (#687) . (688) 780 Salary Schedule Activity Councillor Usovicz offered the following report for the Committee on Personnel & Director Council on Agin Salaries. It was voted to accept the report. The reca[mendation was adopted for first passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was absent. The Camnittee on Personnel & Salaries to wham was referred the matter of an . SEPTEMBER 14, 1978 7! Ordinance relating to the classification and Salary Schedule of certain employees Activities Director, Council on Aging, has considered said matter and would recommend the passage of the Ordinance introduced at the August 10, 1978 meeting (#688) . 781 (685) Councillor Usovicz offered the following report for the Camtittee on Personnel Assistant Planning Director and Duties & Salaries. It was voted to accept the report. The Committee on Personnel and Salaries to wham was referred to matter of an Ordinance relative to the Planning Department has considered said matter and would recommend the passage of the Ordinance as introduced at the August 10, 1978 meeting, (#685) . Councillor Usovicz amended to delete Section 19-44 and insert the new wording for Section 19-44, and to add the new Section 19-45. Councillor O'Keefe amended Councillor Usovicz's amendment that "said portion shal not be effective until after there has been a reorganization of the Planning Department and Co comity Development functions thereunder approved by a majority vote of the City Council." Councillor McCabe assumed the Chair for Councillor Cawley. Councillor O'Keefe's amendment was defeated by a roll call vote of 4 yeas, 6 nays 1 absent. Councillors McCabe, O'Keefe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Daly, Grace, Lovely, Nowak, and Usovicz were recorded as voting in the negative. Councillor Martineau was absent. Councillor Cawley resumed the Chair. Councillor Usovicz's amendment was adopted by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Centorino, Daly, Lovely, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, Nowak, and Rochna were recorded as voting in the negative. Councillor Martineau was absent. The Ordinance was adopted for first passage as amended so that it shall now read as follows: In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to the Planning Department, Article III, Division I, Chapter 19. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 19, Section 38, Division I of the Code of Ordinances of the City of Salem is hereby amended by deleting Section 19-38 in its entirety and inserting in plac thereof the following: ` Sec. 19-38. Established; purpose. A planning Department is hereby established in the city. Such department shall advise and assist in the administration of municipal functions and responsibilities in the field of city planning, shall coordinate efforts directed toward the future devel- opment of the city, shall coordinate the preparation of applications and coordinate the implementation of all grants directed toward the future development of the city, and I SEPTEMBER 14, 1978 shall plan its continued improvement, consistent with its physical, social, and econ- o nic conditions and resources. Section 2. Chapter 19 is hereby further amended by adding the following new sections. Sec. 19-44. Same. General Duties. Consistent with the general purpose of section 19-52, the assistant planning director shall have the fulloaing specific duties: (a) Determine the need for grants in the city, and work with the appropriate authorities, the City Council, boards, or departments, arrive at a priority listing for these grants, this listing must be updated. (b) Match this priority listing of needed grants with existing or proposed grants programs from local, state or federal sources,- (c) ources;(c) Either prepare or where appropriate assist in the preparation of all grants applications so as to maximize the leveraging of funds; i (d) Work with appropriate local, state and federal granting agencies in their review of grants applications, and provide any additional information or follow-up as necessary; (e) Prepare a monthly report which details the status of each grant application made, also detail action(s) to be taken on subsequent grants, which are to be made available to each city councillor. (f) Maintain a library of all grants applications and other records that are important to the grants program in Salem. Sec. 19-45. Same - Performance Standards. The assistant city planner shall be required to generate in the form of new grant monies, sums in excess of his/her salary in any given term. Failure to do so would them require a review of work performed. Said review to be initiated by a majority vote of the City Council and conducted by the same. Such findings by the city council may be the basis for dismissal. The Mayor, upon receipt of such findings, shall give notic and hold a hearing. Section 3. This Ordinance shall take effect as provided by City Charter. (686) 782 Salary Schedule Asst. Councillor Usovicz offered the following report for the Committee on Personnel & Planning Director Salaries. It was voted to Accept the report. Adoption of the recommendation was tabl The Committee on Personnel & Salaries to whom was referred the matter of an Ordin- ance relating to classification and Salary Schedules of certain employees - Assistant Planning Director, has considered said matter and would recommend the passage of the Ordinance #686 as introduced at the August 10, 1978 meeting. Councillor Grace requested and received unanimous consent to refer back to motions Orders, and Resolutions. SF.P4`RMRF.R 14, 1978 783 Councillor Grace introduced the following Order which was referred to the Special 7 Ward Realignment P1 ConTattee on Realignment. ORDERED: That the seven ward plan be considered by the Council Committee on Realignment. Said seven ward plan is hereby submitted on the attached map. Ct, 784 (678) Councillor Lovely offered the following report for the committee on Finance. Appr. Golf Course Bill It was voted to accept the report. Adoption of the recommendation was tablGolf Course Salaries ed. Golf Course Spec. It The Conmittee on Finance to whom was referred the sum of $94,371.92 be appropria- ted from the "Golf Course Receipts" Account to the Following: 1. $81,811.92 to the "Golf Course Salaries" Account 2. $ 7,560.00 to the "Golf Course - Bills" Account 3. $ 5,000.00 to the "Golf Course Sepcial Items" Account Total $94,371.92 has considered said matter and would recommend that the appropriation be granted. I 785 (683) Councillor Lovely offered the following report for the Committee on Finance. It Appr. Cemetery Improve- was was voted to accept the report and adopt the recomnendation. The Committee on Finance to whom was referred the appropriation of $2,500.00 from the "Cemetery Perpetual Care Income" Account to the "Greenlawn Cemetery Improvements" Account has considered said matter and would recoanend that the appropriation be grant 786 The Vandalism report for the Public Property Department for the month of August, Vandalism Report 1978, was received and filed. 787 A communication was received from Congressman Michael J. Harrington stating his Comm. fr. Michael J. Harrington re: reason reasons for not running for re-election. On the motion of Councillor O'Keefe, the for not running for communication was received and filed. re-election 788 The following Letter was received from Mrs. James M. Shea thanking the City Letter of Thanks from Council for the Resolution naming the Salem-Beverly Bridge the "James M. Shea Bridge". Mrs. Janos M. Shea Salem City Council Salem City Hall Washington Street Salem, MA ATTENTION: Mrs. Josephine Fusco Dear Mrs. Fusco: Thank you for sending me the resolution stating that the new Beverly-Salon Bridge be named in honor of my late husband, Jim. Our family is deeply touched and very proud that this honor be made in Jim's memory. Please convey my appreciation to Mayor Jean Levesque, the Salem City Council, and George McCabe who introduced the resolution. Sincerely, s/ Marianne Shea 9. �il) SEPTEMBER 14, 1978 789 nvitation Salem Veteran 5 An invitation was received from the Salem VeteransCouncil to attend Veterans' uncil Veteran's Day ervices Day Services on Saturday, November 11, at 11:00 A.M. at the Salem Commn. On the motion of Councillor McCabe, the invitation was accepted. 790 fr. Mr. & Mrs. A communication was received from Mr. & Mrs. Maynard Allen, 15 Pope Street, ynard Allen re: Sale f land on Pope St. relative to the Sale-of Lot #314 on Pope Street. The matter was referred to the Comm- ittee on Community Development. team Pantry appl. 791 The application of Putnam Pantry, Pickering Wharf, Salem, to place and maintain wring over public way a canvas awning over a public way, was granted. 792 bella Drum Corp. The request of the Arbella Drum and Bugle Corp to hold a Tag Day in the City of AG DAY Salem on November 24, 1978, was granted. 793 Pole Location A Hearing was Ordered for September 28, 1978 for the petition of Massachusetts Commercial Street Electric Company for a pole location on Commercial Street. 794-802 Taxi Operator Appl. The following Applications were referred to the Committee on Licenses & Permits. TAXI OPERATOR Lonny Bowen, 31 Pleasant St. , Beverly Catherine M. Burton, 8 Adams St. , Salm Katherine Devine, 92 Federal St. , Salem John J. Onley, Jr. , 17 Mt. Vernon St. , Salem Diane Labelle, 34 Prince St. , Salem Betty Ann O'Brien, 31 Locust St. , Salem Marco Ptta, 22 Winter St. , Salem Walter John Ward, 24 Hawthorne Blvd. , Salem AUTO PASSENGER Wayne M. Parker, 6 Prince St. , Salem (2 additional) 803 Public Guide The application of Clair D. Johnson, 5 Kimball Street, Marblehead, for a Public Guide License was granted. 804-805 Renewals The following renewals were granted. DRAINLAYER Pelletier & Milbury Corp. , 129 Water St. , Danvers AUCTIONEER Robert Curran, 55 Dearborn St. , Salem 806-811 Claims The following Claims were referred to the Committee on Ordinances & Legal Affairs Mr. Leon Breckenridge, c/o Gabriel Kantorvitz, 294 Washington St. , Boston Mrs. Marjorie Copeland, 74 Washington Sq. , Salem Mrs. Phyllis D'Amour, 18' Linden Street, Salem Anastacia Denucci, 45 Broad St. , Salem Kelley Linskey, 3 Oak Street, Salem Philip Xindaris, 73 Prospect St. , Peabody SEPTEMBER 14, 1978 f34. 812-814 The following Bonds were referred to the Committee on Rules & Bonds and returned Bonds approved. SIGN BONDS Ipswich Stove Company, 105 Essex St. , Salam O'Flaherty's, 3 Central Street, Salam DRAINLAYER Pelletier & Milbury Corp. , 129 Water St. , Danvers 0 (675) The matter of the Mayor's appointment of John Koza as a member of the Cultural Appt. John Koza Arts Commission for a term expiring February 1, 1981, replacing Reverend Edwin Remaly, Cultural Arts Caron. was then taken up. The appointment was confirmed by a roll call vote of 10 yeas, 0 na s 1 absent. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was absent. (614) The matter of second and final passage of an Ordinance amending Traffic Section Ord. Traffic Sec. 49 Isol. Stop Signs 49, Isolated Stop Signs, Lussier St. at Atlantic St. , was then taken up. Councillor Lussier St. & Atlantic St. Daly amended the Ordinance to include the following preamble. In accordance with the provisions of Chapter 89, Section 9 of the General Laws, the following street is designated as a Stop Street at the intersection and in the direction indicated. The amendment was so voted. The Ordinance was adopted as amended for second and final passage. (622) The matter of second and final passage of an Ordinance amending Traffic Section Ord. Traffic Sec. 49 Isol. Stop Signs 49, Isolated Stop Signs, Cushing St. at Balcomb St. , was then taken up. Councillor Cushing St. & Balccmb St. McCabe amended the Ordinance to include the following preamble. In accordance with the provisions of Chapter 89, Section 9 of the General Laws, the following street is designated as a Stop Street at the intersection and in the direction indicated. The amendment was so voted. The Ordinance was adopted as amended for second and final passage. (702) The matter of second and final passage of an Ordinance amending Traffic Section Ord. Traffic Sec. 10 One Way Street 10, One Way Streets, Sylvan Street, was then taken up. The Ordinance was adopted for Sylvan St. yy►► , j second and final passage. (705) The matter of second and final passage of an Ordinance amending Traffic Section Ord. Traffic Sec. 22 Drivers File 22, Drivers File, was then taken up. The Ordinance was adopted for second and final passage. (707-A) The matter of second and final passage of an Ordinance amending the Board of Ord. amend. Bd. of Health Certificate of Health, Certificate of Fitness, was then taken up. On the motion of Councillor Rochna, Fitness the matter was laid on the table. i 7SEPTEmBm 14, 1978 (624) inance est. Port Councillor Usovicz moved to table the matter of reconsideration of an Ordinance ervice Fee. amending an Ordinance establishing Port Service Fees. The motion was defeated. Councillor McCabe assumed the chair for Councillor Cawley. Councillor Cawley moved for reconsideration of the Ordinance. Reconsideration was denied by a roll call vote of 3 yeas, 7 nays, 1 absent. Councillors Centorino, O'Keefe, and Cawley were recorded as voting in the affirmative. Councillors Daly, Grace, Lovely, McCabe, Nowak, Rochna, and Usovicz were recorded as voting in the negative. Councillor Martineau was absent. F Jurors at Salem Councillor Grace was appointed to draw eight jurors for the October 2, 1978 Salem Superior Court sitting at Salem. 1. James F. Coughlin, 38 Mason Street, Retired 2. Pearl V. Peruffo, 2A Dunlap Street, Housewife 3. Louis A. Pelletier, 50 Howard Street, Furniture Refinisher 4. Frederick B. Spurr, 76 Barstow Street, Retired 5. Louis Royal, 83 Essex Street, Leather Worker 6. Frank L. Whitmore, 48 Leach Street, Stockroom Clerk 7. Anita B. Dionne, 23 Gardner Street, Asst. Mgr. 8. Leo J. Clark, 14 Story Street, Salesman Jurors at Salem Councillor Rochna was appointed to draw four jurors for the October 2, 1978 Salem Superior Court sitting at Salem. 1. Lucien L. Berube, 6 Preston Road, Valve Assembler 2. John J. Whitehead, 8 Derby Street, Retired 3. Cara E. Keirstead, 23 Andrew Street, Housewife 4. Marjory J. Ziarkowski, 80 Barstow Street, Secretary On the ration of Councillor McCabe, the meeting adjourned at 11:03 P.M. AT=: JOSEPHINE R. FUSCO CITY CLERK _SEPTEMBER 28, 1978 083 REGULAR MEETING A Regular,Meeting of the City Council was held in the Council Chamber on Thurs- day, September 28, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 21, 1978 at 3:24 P.M. Councillor Lovely was absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. 815 A hearing was held on the Order of the Massachusetts Electric Company to install Pole location Commercial Street one pole on Commercial Street. Appearing in favor was Mr. Stephen O'Mally, representin Massachusetts Electric Company. There was no opposition. The hearing was closed. On the motion of Councillor McCabe, it was voted to grant the permit. 816 The Mayor's appointment of Attorney Diana E. Waterous as a member of the Human Appt. Diana Waterous Rights Commission for a term expiring January 31, 1981, replacing Mr. Richard Savoy Human Rights Camiissio who has resigned, was held until the next meeting under the rules. 817 The Mayor's reappointment of Mr. Dominic R. Marraffa as a umber of the Salam Reappt. Dominic Marraffa Redevelopment Redevelopment Authority for a term expiring August 1, 1983, was confirmed by a roll Authority call vote of 10 yeas, 0 nays, 1 absent. Councillor Lovely was absent. 818 The following Order was recommended by the Mayor. Appr. Police Salaries ORDERED: That the sum of One Hundred Eighty One Thousand One Hundred Four Dollais and Sixty Three Cents (181,104.63) be and the sane is hereby appropriated frau the "Surplus Revenue" Account to the "Police - Salaries" Account in accordance with the recommendation of His Honor the Mayor. Councillor Rochna moved for suspension of the rules. There were no objections. Councillor O'Keefe requested and received unanimous consent to allow Lt. Bogan to speak. Councillor O'Keefe moved to split the question into two parts. Part one being the matter of $171,104.63, and Part two being $10,000.00 (Court Overtime) . It was so voted. The matter of $171,104.63 was adopted. The matter of $10,000.00 was referred to the Committee on Finance. 819 The following Order, recommended by the Mayor, was adopted under suspension of Appr. Police Salaries the rules. ORDERED: That the sum of Eight Thousand Four Hundred Ninety Four Dollars and Fifty-Six Cents ($8,494.56) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Police - Salaries" Account in accordance with the recommendation Of His Honor the Mayor. SEPTEMBER 28, 1978 820 pr. Plass. Mayors' The following Order, reco[rmended by the Mayor, was referred to the Caumittee on soc. Referendum Public formation Project Finance under the rules. ORDERED: That the sum of Six Thousand Seven Hundred Eighty Dollars ($6,780.00) be and the same is hereby appropriated frau the "Surplus Revenue" Account to the "Massachusetts Mayors' Association Referendum Public Information Project" Account in accordance with the recommendation of His Honor the Mayor. 821 Ordinance Salary of The following Ordinance was received from the Mayor. Councillor Martineau moved Dog Constable that the matter be referred to the Committee on Finance. The motion was defeated. Councillor Grace was recorded as voting "present". Councillor Usovicz moved that the Ordinance be adopted for first passage. It was so voted by a roll call vote of 8 yeas, 1 nay, 1 present, 1 absent. Councillors Centorino, Daly, McCabe, Nowak, O'Keefe, Rochna Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. Councillor Grace was recorded as voting present Councillor Lovely was absent. In the year one thousand nine hundred and seventy-eight An Ordinance relating to classification and Salary Scheduled of certain employees of the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. The Ordinance relating to Classification and Salary Scheduled of certain employees of the City of Salem as amended and adopted is hereby amended by deleting the following under Job Group IV Step 3. Dog Constable Step I Step II Step III $174.61 $189.13 $200.04 and inserting in Job Group VI Step 3 Dog Constable Step I Step II Step III $195.18 $212.08 $222.98 Section 2. This Ordinance shall take effect as provided in the City Charter. 822 Italian Flag raised for Councillor Centorino in conjunction with Councillor Grace, introduced the follow- Colummbus Day ing Order which was adopted. �I ORDERED: That on the days of October 9, 10, ll, and 12, 1978, the Superintendent of Parks raise the National Flag of Italy in a place of honor at Riley Plaza to commem- orate the discovery of America on October 12, 1492, by the great and honorable explorer Christopher Columbus. 823 EPA investigate clos- Councillor Nowak introduced the following Order which was adopted. ing South Essex Sewer- age Plant SEPTEMBER 28, 1978 585 ORDERED: That the E.P.A. investigate the complete operation of the South Essex Sewage Treatment Plant, and close the plant if necessary for the health of its resid- ents. 824 Councillor Centorino introduced the following Order which was adopted. Councillor Auditor prepare Account 1 Columbus Ave. Sewer Acc Nowak was recorded as voting Present . J0 ORDERED: That the City Auditor prepare an account entitled "ColuThus Avenue Sewer Line" account for the purpose of appropriating funds to disconnect existing catch basins from the Columbus Avenue sewer line. 825 Councillor Centorino introduced the following Order, under Chapter 44, Section 33, Appr. Columbus Avenue which was referred to the Committee on Finance. Sewer Account ORDERED: That the amount of $6,724.00 be and is hereby appropriated frau the Sewer Use Charges Reserved for Appropriations account to the Columbus Avenue Sewer Line Account for the purpose of disconnecting existing catch basins from the Columbus Avenue sewer line in accordance with the attached plan and upon attainment of an easement from property owners of #118 Columbus Avenue. 826 Councillor O'Keefe introduced the following Resolution which was adopted by a Resolution endorsing South River Projects unanimous roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Lovely was absent. RESOLVED: WHEREAS, The SRA intends to submit an application to the Massachusetts Department of Environmental Management for the development of a park adjacent to the South River, AND WHEREAS, the new park would be the focal point of a development in a ;much wide ar including the following activities; a. The revitalization of the adjacent neighborhood recently funded under the Federal UDAG Program. The project involves rehabilitation incentives for property owners, and public improvements for streets and vacant lots. b. The $5 million private development of Pickering Wharf, a retail and residential complex nearing completion, but whose ultimate success depends on a strong relationshi with the downtown district. c. Revitalization of Derby Street, a project envisioned by the City and the Red- evelopment Authority, with new sidewalks, lighting and landscaping along the street, and special treatment of building facades through a facade easement program. d. Central Street pedestrial mall, to be undertaken by the Redevelopment Authority would provide a strong link from Heritage Plaza East urban renewal area to the water front. e. Rehabilitation of the Metcon Building, developing commercial and perhaps resid- ential uses in this now vacant building, using public funding to provide private initiative. 58 SEPTEMBER 28, 1978 g f. To date, the proposed Park has received endorsements from the Conservation Commission, the Planning Board, the Peabody Museum, the Essex Institute, and the Salem Marine Society. Endorsements from other agencies and organizations are expected. The proposal would be strengthened a letter of support from the City Council were inclu- ded. THEN BE IT HEREBY RESOLVED: That the Salem City Council endorses the general concept of the recommended park adjacent to the South River. 827 dinance Traffic S. 10 Councillor McCabe introduced the following Ordinance which was adopted for first One Way St. Sylvan St. passage. In the year one thousand nine hundred and Seventy-Eight. An Ordinance to amend an Ordinance relative to Traffic (One Way Streets) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 10, is hereby amended by deleting the existing Ordinance with respect to Sylvan Street and adding in place thereof the following: "Sulvan Street, from Tremont Street to Dunlap Street in an easterly direction." Section 2. This Ordinance shall take effect as provided by City Charter. 828 One Way Street Signs Councillor McCabe introduced the following Order which was adopted. Sylvan Street ORDERED: That the Police Traffic Division erect "One Way Street" Signs to prohibit traffic from traveling westerly on Sylvan Street from Dunlap Street to Tremont Street for thirty days to allow for passage of a correct permanent Ordinance amendment. 829 censes & Permits Councillor Grace offered the following report for the Committee on Licenses & Permits. It was voted to accept the report and adopt the recommendation. The Co nittee on Licenses & Permits to wham was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted. TAXI OPERATOR Catherine M. Burton, 8 Adams Street, Salem Katherine Devine, 92 Federal Street, Salem John J. Ganley, Jr. , 17 Mt. Vernon Street, Salem Diane Labelle, 34 Prince Street, Salem Marco Pirotta, 22 Winter Street, Salem , Walter John Ward, 24 Hawthorne Blvd. , Salem 830 TAG DAYS - Alternative Councillor Grace offered the following report for the Committee on Licenses & means of raising money Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to wham was referred the matter of tag days has considered said matter and would recommend that each application be acted on as they come before the Council, and that at least two weeks notice be given prior to the day or days wanted. Also, that the Recreation Cc mission be approached on an individual SEPT04BER 28, 1978 587 basis to discuss alternate, if any, means of raising funds for the playgrounds. 831 (758) Councillor Usovicz offered the following report for the Committee on Personnel and Salary Schedule City Engineer Salaries. It was voted to accept the report. Adoption of the recommendation was voted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Centorino, Daly, Grace, I, Martineau, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affir- mative. Councillors Nowak and Rochna were recorded as voting in the negative. Councillor Lovely was absent. The Ccnudttee on Personnel and Salaries to wham was referred an Ordinance to amend an Ordinance relating to the classification and salary schedules of certain employees of the City of Salem has considered said matter and would recommend the passage of the Ordinance as introduced as the September 14, 1978 meeting. 832 (757) Councillor Martineau offered the following report for the Committee on Finance. Long Term Care Loan reduction It was voted to accept the report and adopt the reoanmendation. The CaRnittee on Finance to wham was referred the loan authorization Long Term Care Facility authorized and passed on March 9, 1972 be amended by reducing the orig' appropriation and authorized borrowing fran $5,800,000.00 to $5,000,000.00 has consid- ered said matter and would recommend that the loan authorization be amended and autho- rized as amended. 833 (754) Councillor Martineau offered the following report for the Committee on Finance. Appr. Unpaid Bills Church Street Building It was voted to accept the report and adopt the recotmmendation. The Committee on Finance to whan was referred the Appropriation of $4,163.92 from "Surplus Revenue" Account to the "Unpaid Bills Previous Fiscal Years Church Street Building" Account has considered said matter and would recommend that the appropriation be granted. 834 (753) Councillor Martineau offered the following report for the Committee on Finance. Appr. Park Dept. Labor It was voted to accept the report. The Committee on Finance to wham was referred the appropriation of $14,095.85 fran the "Golf Course Receipts Fund" Account to the "Park Department Laborers" Account has considered said matter and would recamnend that the appropriation be granted. Councillor McCabe assumed the Chair for Councillor Cawley. NW Councillor Cawley moved that the question be split into two amounts. It was so voted by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Centorino, Daly, Grace, McCabe, Nowak, O'Keefe, and Cawley were recorded as voting in the affirmative. Councillors Martineau, Rochna, and Usovicz were recorded as voting in the negative. Councillor Lovely was absent. Councillor Martineau moved for a five minute recess at 9:00 P.M. It was so voted. The Council reconvened at 9:05 P.M. Councillor Martineau moved that the appropriation be tabled. It was so voted. Councillor Cawley resumed the Chair. 78$ SEPTEMBER 28, 1978 r 835 Ordinance regulating Councillor Nowak requested and received unanimous consent to refer back to motions, ownership of security and guard dogs. orders, and resolutions. Councillor Nowak introduced the following ordinance which was referred to the Ccnmittee on Ordinances & Legal Affairs. In the year one thousand nine hundred and Seventy-Eight I An Ordinance to regulate ownership and use of security and guard dogs. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Any dog used primarily for the purpose of securing and protecting real or or personal property which is open to the Public access at any time, shall comply with all the following: A. Such dog shall be registered with the City Clerk in accordance with Massach- usetts General laws, Chapter 140, Section 137 and 137A. B. Such dog shall be kept within a closed-in area at all times when such property is open to public access or during business hours. Such closed-in area will consist of a fence at least six feet high with a fence covering- and a locked gate and/or within a locked roan if in a business establishment. C. All area secured or protected by a security or guard dog or dogs shall be posted in such thorough manner as to give adequate notice to the public. (Beward of S Guard Dog, etc.) No person/business shall harbor a security dog or guard dog unless he has obtained a Security Dog Kennel Permit. A. Such permit will be issued by the Salam City Clerk at no fee upon certificatio by the Dog Constable that such business or person has complied with all the guidelines of this Ordinance. Such permit may be revoked by the Marshal upon evidence of viola- tion of the provisions of this Ordinance. B. The City Clerk shall provide the Fire Chief of the Department and Police j Marshal with a copy of the Security Dog Kennel Permit. C. The Security Dog Kennel Permit shall specify the location at which the dog is licenses to locate and no transfer or relocation of the duly licenses guard/security dog shall be permitted without the approval of the Dog Constable. Any business or private resident harboring a security dog shall upon the request {�) of the Dog Officer or any Police Officer allow him to enter and inspect the kennel area Y/ where such dog is licensed to be harbored. I Failure to comply with this order will result in a $50.00 fine for each day or violation such business or private resident is in violation of such dog. i Seciton 2. This Ordinance shall take effect as provided by the City Charter. SEPTEMBER 28, 1978 589 Councillor Rochna requested and received consent to refer to Unfinished Business. (748)Appt. John Nutting Assoc. Member Board of The Mayor's appointment of Mr. John Nutting as an Associate Member of the Board Appeal of Appeal for a term expiring May 1, 1980, replacing Douglas Hopper, was then taken up. The appointment was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Lovely was absent. (746) Councillor Centorino requested and received consent to take out of order under Appt. James Powers Unfinished Business, the Mayor's appointment of Mr. James F. Powers, as Market Agent Market Agent for a term expiring January 31, 1979, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Lovely was absent. 836 (752) Councillor Martineau offered the following report for the Committee on Finance. Appr. Old Town Hall Boilers It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the appropriation of $25,000.00 from "Surplus Revenue" Account to the "Old Town Hall Boilers" Account has considered said matter and would recommend that the appropriation be granted. Councillor Martineau offered the following report for the 837 (755) Committee on Finance. Appr. Unpaid Bills 1978 It was voted to accept the report and adopt the recommendation. Cemetery Department The Committee on Finance to whom was referred the appropriation of $2,640.00 from the "Perpetual Care Income Fund" Account to the "Unpaid Bills 1978 Cemetery" Account has considered said matter and would recommend that the appropriation be granted. 838 (751) Councillor Martineau offered the following report for the Committee on Finance. Appr. Water Department It was voted to accept the report and adopt the recommendation. Bills The Committee on Finance to whom was referred the appropriation of #30,000.00 from the "Sale of Real Estate Fund" Account to the "Water Department Bills" Account has considered said matter and would recommend that the appropriation be granted. 839 (756) Councillor Martineau offered the following report for the Committee on Finance. Loan Forest River Pool Construction reduction It was voted to accept the report and adopt the recommendation. The Committee on Finance to whom was referred the Loan authorization Forest River Park Pool Construction passed on May 13, 1981 be amended by reducing the original appro- priation and borrowing from #340,000.00 to $230,000.00 has considered said matter and m would recommend that the loan authorization be amended and authorized as amended. 840 (759) Councillor Martineau offered the following report for the Committee on Finance. Appr. City Engineer It was voted to accept the report and adopt the recommendation. The Commmi.ttee on Finance to whom was referred the appropriation of $2,925.00 from "Surplus Revenue" to the "City Engineer - Salary" Account has considered said matter and would recommend that the appropriation be granted. 51 4) SEPTEMBER 28, 1978 (749) 841 Appr. School Dept. Councillor Martineau offered the following report for the Committee on Finance. Fiscal 1978 It was voted to accept the report. The Committee on Finance to whan was referred the appropriation of $496,163.80 from the "Surplus Revenue" Account to the "School Department Fiscal 1978" Account has considered said matter and would recommend that the matter be reported out to the full Council with no recommendation, and that the Mayor communicate with the Finance Commi- ttee on his plans for Surplus Property and camemmicate with the School Comni.ttee, ask- ing for written report regarding their plans in reducing the School Budget. And that the City Auditor is instructed to investigate the School Department deficit and report his finding to the Council Committee on Finance within a four week period. Councillor Usovicz amended to refer the Appropriation to the Committee of the Whole and to send a letter to Mr. McCann, Director, Bureau of Accounts. Councillor McCabe assumed the chair for Councillor Cawley. Councillor Martineau moved for a three minute recess. It was so voted. The Amendment was so voted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Lovely was absent. Adoption of the Committee report as amended was so voted by a roll call vote of 10 yeas, 0 nays, 1 absent. 842 Invitation fr. Dog Con- A Communication was received from Donald Famico, Dog Constable, inviting the Council stable to view Kennel to view the City Kennel at the Swampscott Road Transfer Station on Monday evening, October 2, 1978 at 7:00 P.M. after the deadline of Tuesday Noon. Councillor McCabe moved for suspension of the rules."There were no objections. Councillor O'Keefe moved to accept the invitation and the City Clerk is to notify Mr. Famico of the Council's acceptance. It was so voted. 843 Chm. Bd. of Health off- A Communication was received after the deadline of Tuesday noon frau Dr. Israel ering alternative arran- gernent to relocation of Kaplan, Chairman of the Board of Health, relative to the relocation of the Health Health Department Department. Councillor Nowak moved for suspension of the rules. There were no objections. Councillor McCabe moved to authorize the arrangement as outlined in the letter from Dr. Kaplan. It was so voted by a roll call vote of 6 yeas, 4 nays, 1 absent. Councillors Centorino, Martineau, McCabe, Nowak, O'Keefe, and Rochna were recorded as voting in the affirmative. Councillors Daly, Grace, Usovicz, and Cawley were recorded as voting in the negative. Councillor Lovely was absent. Councillor McCabe moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. SEPTEMBER 28, 1978 844 A communication from Congressman Michael J. Harrington regarding Special Revenue Comm. fr. Michael J. Harrington RE: Special Sharing and Public Works was received and filed. Revenue Sharing & Public Works 845 A communication from Mr. Francis H. Pokorski regarding realizations and changing Comm. fr. Francis Pokors re: realization & chang- sentiments was received and filed. ing sentiments 846 A Hearing was ordered for October 12, 1978 on the Petition of Massachusetts Elec- Pole location Highland tric Company for a Pole location on Highland Avenue. Avenue 847-848 The following Taxi Operator Applications were referred to the Committee on Taxi Operator Applicatio Licenses & Permits. Robert B. Conway, 25 Winter Island Road, Salem Carol A. Akeley, 4 Prince Street Place, Salem 849 The Auctiane r r_ne al of Mx_ Dunald R. Famico, 74 Proctor Street, Salem, was Donald Famico Auctio-ee_ granted. Renewal 850-852 The following Claims were referred to the Committee on Ordinances & Legal Affairs: Claims Irene A. Croft, 5 Kirkland Road, Peabody Hicks & Merritt, 258 Maple Street, Danvers Robert W. & Corrine E. Muse, 17 Andrew Street, Salem 853 A communication was received after the deadline of Tuesday noon from the Knights of C Tootsie Roll of Columbus to hold a "Tootsie Roll Drive" for retarded Children on October 6, 7, and ive 8. Councillor McCabe trove for suspension of the rules. There were no objections. On the motion of Councillor McCabe, the petition was granted. (760) The matter of the Mayor's Veto relative to an Ordinance establishing a Screening Veto; Personnel Directo Committee for the position of Personnel Director was then taken up. Screening Committee Councillor Usovicz moved that the matter be tabled. It was so voted. (768) The matter of second and final passage of an Ordinance creating Fire District #2 Ord. Creation of Fire District #2 & amending and amending Fire District #1, was then taken up. The Ordinance was adopted for second District #1 and final passage. Councillor Nowak was recorded as "opposed" (769) The matter of second and final passage of an Ordinance amending Traffic Section 49, Ord. S. 49 Isol. Stop Sign. Waite St. at Isolated Stop Signs Waite Street at Pierce Avenue was then taken up. The Ordinance Pierce Ave. was adopted for second and final passage. (771) The matter of second and final passage of an Ordinance amending Traffic, Section 10 Ord. S. 10 One Way St. Webster Street One Way Streets, Webster Street, was then taken up. The Ordinance was adopted for second and final passage. U;' SEPTEMBER 28, 1978 (773) Ord. S. 13 Service Zone The matter of second and final passage of an Ordinance amending Traffic Section 13, Church Street Service Zone, Church Street, was then taken up. The Ordinance was adopted for second and final passage. (776) Ord. S. 74 Tcxa Zone The matter of second and final passage of an Ordinance amending Traffic Section 74, River Street Tow Zone, River Street, was then taken up. The Ordinance was adopted for second and final passage. (778) Relocation of Health Councillor Centorino moved to take frau the table the matter of the joint Ccnmittee Department report of Municipal Services and Public Health relative to the relocation of the Health Department. Councillor Centorino amended the report of the joint carmittee to state that in accordance with the compromise already adopted earlier this evening, Health Department remain at Shaughnessy but Treasurer's Department transfer to One Salem Green. It was so voted. Councillor Usovicz was recorded "opposed". Councillor O'Keefe moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. Adoption of the Committee report as amended was so voted. Councillor O'Keefe moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. (687 Salary Water Superinten- The matter of second passage of an Ordinance amending Salary Classification of the dent Water Superintendent, inserting in Job Group XV, was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 8 yeas, 2 nays, 1 absent Councillors Centorino, Daly, Grace, Martineau, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Nowak, and Rochna were recorded as voting in the negative. Councillor Lovely was absent. (688 Salary Council on Aging The matter of second passage of an Ordinance amending Salary Classification of the Activities Director Activities Director for the Council on Aging, was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 8 yeas, 1 nay, 1 present, 1 absent. Councillors Centorino, Daly, Grace, Martineau, McCabe, O'Keefe, Rochna, and Cawley were recorded as voting in the affirmative. Councillor Usovicz was recorded as voting in the negative. Councillor Nowak was recorded as voting present. Councillor Lovely was absent. (685) Ord. Assistant Planning The Matter of second passage Of an Ordinance relative to the Assistant Planning Director & Duties Director and duties of the position was then taken up. SEPTEMMR 28, 1978 Councillor Usovicz moved that the Ordinance be tabled. The motion was defeated by a roll call vote of 5 yeas, 5 nays, 1 absent. Councillors Daly, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirniative. Councillors Centorino Grace, Martineau, Nowak, and Rochna were recorded as voting in the negative. Councill Lovely was absent. Councillor Usovicz moved that the Ordinance be referred back to the Committee on Personnel & Salaries. It was so voted. Councillors Nowak and Grace were recorded as "opposed". Councillor Daly was appointed to draw five (5) jurors for the October 10, 1978 Jurors. At Lawrence Salem Superior Court sitting at Lawrence. 1. Andrew Ginkus, 16 Glover Street, Retired Machinist 2. Leo Rutkowski, 11 Ocean Avenue, Turret Lathe Operator 3. Charles J. Flynn, 9'h Station Road, Analyst G.E. Lynn 4. Gertrude M. Bertone, 30 Cherry Hill Avenue, Housewife 5. Edward J. Young, Jr. , 30 Butler Street, Tool Designer On the motion of Councillor Daly, the meeting adjourned at 10:03 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK >``�`4 OCPOBER 12f 1978 A Regular Meeting of the City Council was held in .the Council Chamber on Thursday, October 12, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on october 5, 1978 at 2:45P.M. Councillor O'Keefe was absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It.was so voted. Councillor Grace requested and received consent to refer to Unfinished Business. (816 " Appt. Diana Waterous The matter of the Mayor's appointment of Diana Waterous as a member of the Himlaz Human Rights Commission Rights Commission for a term expiring January 31, 1981, replacing Mr. Richard Savoy, was then taken up. The appointment was confirmed by a unanimous 'roll call vote of 10 yeas, 0 nays, 1 absent. 854 Pole Location A Hearing was held on the Order of Massachusetts Electric Company for a pole loca ighland Avenue tion on Highland Avenue. Appearing in favor was Mr. Stephen O'Milley.of Massachusetts Electric Company. There was no one opposed. Councillor Grace moved that the hearing be closed. Councillor Grace moved that the permit be granted, It was so voted. 855 Appr. School Teachers The following Order, recommended by the Mayor, was referred to the Committee on and Administration Pay- roll Finance. ORDERED: That the stmt of Four Hundred Seventy-One Thousand One Hundred Thirty Four Dollars ($471,134.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Teachers and Administration- Payroll" Account in accordance with the recommendation of His Honor the Mayor. 856 Appr. Firemen's Payroll The following Order, recommended by the Mayor, was referred to the Committee on inance. Y ORDERED: That the sum of Sixty Three Thousand Eight Hundred Eighteen Dollars and Sixty-Two Cents ($63,818.62) be and the same is hereby appropriated from the "Public Law #94-369 Title II" Account to the "Firemen's Payroll" Account in accordance with the ecommndation of His Honor the Mayor. 857 Appr. Public Property The following Order, recommended by the Mayor, was referred to the Committee on Special Items Finance. AA Wj ORDERED: That the sum of Eleven Thousand Dollars ($11,000.00) be and the same is ereby appropriated from the "Surplus Revenue" Account to the "Public Property Special Items" Account in accordance with the recommendation of His Honor the Mayor, 858 Appr. Elections and The following Order, recoanended by the Mayor, was adopted under suspension of the Registrations Salaries d Bills rules. ORDERED: That the sum of Seven Hundred Seventy-Six Dollars and Fifty-Three Cents ($776.53) be and the same is hereby appropriated from the "Surplus Revenue" Account to October 12, 1978 the following: 1. The sum of Seven Hundred Thirty Dollars and Seventy-One Cents ($730.71) in the "Election and Registration - Payroll" Account. 2. The sum of Forty-Five Dollars and Eighty-Two Cents ($45.82) to the "Electioli and Registrations - Bills" Account. in accordance with the recommendation of His Honor the Mayor. 859 A communication was received from the Mayor submitting for Council Approval Traffic Control Agr Lafyette St. & New Derb a Traffic Control Agreement for Traffic Lights at Lafayette Street and New Derby Street Street. Councillor Grace moved that the matter be referred to the Committee on Municipa Services for further study and that all businesses affected in this area be notified of a Public Hearing to be hold by the Committee on Municipal Services. It was so voted. Councillor Usovicz was recorded as "opposed". 860 A communication was received from the Mayor after the deadline of Tuesday Noon Order of Taking City relative to an Order of Taking for the purpose of constructing, installing, repairing, of Salem Sewer System and maintaining additions to the City of.Salen Sewer System. Councillor Centorino moved for suspension of the rules. There were no objections. The Order of taking was adopted by a unanimous roll call vote of 10 yeas, 0 nays, 1 absent. Councillor O'Keefe was absent. ORDER OF TAKING In City Council RESOLVED, that the common convenience, benefit and necessity of inhabitants of the City of Salem require that certain fees absolute, temporary construction easements, perpetual easements and rights of way be taken for the purpose of constructing, instal- ling, repairing and maintaining additions to the City of Salem sewer system, together with the perpetual right to enter at any time on the following described parcels of land, as to which a perpetual easement is stated and to pass over adjoining land of the said owners to repair or relay pipes, drains or other components of such size, shape and nature as the City of Salem or his successor may deem proper, and for such purpose or any of them to excavate or make such use of the following described parcels of land 1 as may be necessary for additions and improvements to the sewer system, the said sewer ( improvement program being set forth on a plan entitled, Sewerage Improvements Phase II, Contract A-1 and A-2 and a copy being lodged with the office of the City Engineer, City of Salem, Massachusetts. The parcels of land in Salem, Essex County, Massachusetts, including both registered and recorded parcels, in and to and over which the City of Salem takes the =� foregoing interests and rights of way are as follows: OCTOBER 12, 1978 Parcel 1. A permanent and perpetual easement over the land bounded as described as follows: Beginning at a point on the Southerly sideline of Moonely Road which is 82.01 ft. north- erly of Highland Avenue. Thence running N 88017 55" W 238.52' Thence running N 76058145" W 247.84' Thence running N 71009'29" W 361.32' Thence running N 45000'00" W 188.22' Thence running S 66055'27" W 271.55' Thence running N 82011137" W 77.73' to a point on the line common to land of New England Power Co. and land of City of Salem Thence running N 59004'54" E 31.85' along said line Thence running S 82011'37" E 47.42' Thence running N 66055'27" E 256.47' Thence running N 50004'07" W 68.03' to a point on the line common to land of New Englan Power Company and land of City of Salem Thence running N 59004154" E 21.24' along said line Thence running S 50004107" E 77.91' Thence running S 45000100" E 175.28' to land of DeIulis Borthers Construction Co. , Inc. Thence running S 10026'46" E 8.43' by land of DeIulis Brothers Construction CO. , Inc. Thence running S 71038107" E 210.00' by land of DeIulis Brothers Construction Co. , Inc. and land of City of Salem Thence running S 70036100" E 112.30' by land of City of Salem and Lot 20 Thence running S 71003'10" E 56.31' by lots 20 and 21 Thence running S 76022'50" E 58.64' by lots 21 and 22 Thence running S 80008150" E 61.25' by lots 22 and 23 Thence running S 79045'30" E 61.25' by lots 23 and 24 Thence running S 80026'20" E 104.67' by lot 24 and over land of New England Power CO. Thence running S 88017'55" E 148.11' to Mooney Road Thence running S 57034'04" E 39.14' by Mooney Road to the point of beginning. Area of easement 28,740± Square Feet. All as shown on "Plan of Easement, Mooeny Road, Salem, Mass. , Scale 1"=40' , March 7, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel IA. A temporary construction easement over the land bounded and described as follows: a 20 foot wide strip of land adjacent to the southerly side of the permanent easement as shown on "Plan of Easement, Mooney Road, Salem, Mass. , Scale 1' = 401 , March 7, 1977 Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 1B. A temporary construction easement over the land bounded and described as follows: OCTOBER 12, 1978 A strip of land of variable width adjacent to the easterly side of the permanent ease- ment as shown on, "Plan of Easement, Mooney Road, Salem, Mass. , Scale 1"=401 , March 7, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 2. A permanent and perpetual easement over the land bounded and described as follows: IBeginning at a point 39.63 feet Southeast free the intersection of the Westerly sidelin of Verona Street and the Northerly sideline of Springside Avenue: Thence running along land of Porcello and land of Gemma S 65027'30" W, a distance of 328.27' to the Easterly sideline of Marlborough Road: Thence running along said Easterly sideline of Marlborough Road N 8028130" E, a distance of 331.25' to the Westerly sideline of Verona Street: Thence running along said Westerly sideline of Verona Street S 0°56'00" E, a distance of 21.83' to the point of beginning. Said sewer easement contains 6594± Sq. Ft. as shown on a plan entitled, "Plan of Ease- meets, Marlborough Road, Verona Street, and Springside Avenue, Salem, Mass. , Scale 1"=401 , April 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 2A. A temporary construction easement over the land bounded and described as follows: A 20ft. wide strip of land adjacent to the Northerly side of the permanent easement described as Parcel 2 of this Order of Taking as shown on "Plan of Easements, Marlbor- ough Road, Verona Street, and Springside Avenue, Salem, Mass. , Scale 1"-401 , April 25, 1977, Anthony V. Flethcer, City Engineer," to be recorded herewith. Parcel 3.' A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point N 78°37'54" E, a distance of 21.00 feet from the intersection of the Westerly sideline of Verona Street and the Northerly sideline of Springside Avenue: Thence running N 0°34'33" W, a distance of 25.05' to land of New England Power Company: Thence running along side land of New England Power Cenpany N 59°04'54" E, a distance of 23.17 feet: Thence running S 0°34'33" E, a distance of 32.92' to the Northerly sideline of Spring- side Avenue: Thence running along said Northerly sideline of Springside Avenue S 78°37'54" W, a distance of 20.36 feet: Said sewer easement contains 580± Sq. Ft. as shown on a plan entitled, "Plan of Ease- ments, Marlborough Road, Verona Street, and Springside Avenue, Salem, Mass. , Scale 1"=401 , April 25, 1977, Anthony V. Flethcer, City Engineer," to be recorded herewith. Parcel 3A. A temporary construction easement over the land bounded and described as `.i follows: A strip of land adjacent to the Westerly side of the permanent easement of variable width, as shown on "Plan of Easements, Marlborough Road, Verona Street, and Springside OCTOBER 12, 1978 Avenue, Salm, Mass. Scale 1"=40' , April 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 4. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the Northerly boundary line of land of Pomakis which is N 59° 04'54" E, 24.03' from the Northwesterly corner of said land. e Thence running N 0°34'33" W, a distance of 134.14' to land of the City of Salem: Thence running along said land of the City of Salem N 59°04'54" E, a distance of 23.17 feet: Thence running S 0034133" E, a di8tanC@ of 134.14' to land of Polly Pomakis: Thence running S 59004154" W, a distance of 23.17' to point of beginning. Said sewer easement contains 2682± Sq. Ft. as shown on a plan entitled, "Plan of Ease- ments, Marlborough Road, Verona Street, and Springside Avenue, Salem, Mass. , Scale 1"=40' , April 25, 1977, Anthony V. Flethcer, City Engineer," to be recorded herewith. Parcel 4A. A temporary construction easement over the land bounded and described as follows: strip of land adjacent to the Westerly side of the permanent easement of variable width, as shown on "Plan of Easements, Marlborough Road, Verona Street-, and Springside Avenue, Salem, Mass. , Scale 1"=40' , April 25, 1977, Anthony V. Flethcer, City Engineer," to be recorded herewith. Parcel 5. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point which is N 20°39'50" W, a distance of 52.93' from the intersection of Lots 218-A, 210, 370, and 375: Thence running N 20°39'50" W, along said lot 370, a distance of 57.70 feet: Thence running.over said lot 375 N 0°23'03" W, a distance of 57.70 feet: Thence running N 59°36'56" E, a distance of 118.92 feet; Thence running N 1023'04" W, a distance of 145.68 feet: Thence running N 24°14'05" E, a distance of 268.86 feet: Thence running N 55°47'24" E, a distance of 17.93' to lot 73: Thence running along said lot 73, S 20°09'40" E, a distance of 15.16 feet: Thence running S 24°14'05" W over said lot 375, a distance of 268.77 feet: Thence running S 1023'04" E, a distance of 152.91 feet: Thence running S 59036'56" W. a distance of 119.15 feet: Thence running S 0°23'03" E, a distance of 273.52 feet to point of beginning. Said sewer easement contains 15,919± Sq. Ft. as shown on a plan entitled, "Plan of Easements on Highland Avenue, Scale 1"=501 , March 18, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. OCTOBER 12, 1978 >: Parcels 5A, 5B, and 5C. Three temporary construction easements over the land bounded and described as follows: Three 20 foot wide strips of land adjacent to the permanent easement as shown on "Plan Of Easements on Highland Avenue, Scale 1"=501 , March 18., 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. (� Parcel 6. A permanent and perpetual easement over the land bounded and described as follows: Beginning at the point of curvature of a cul-de-sac on the Northeasterly sideline of Buena Vista Avenue at land of Cronin: Thence running along said cul-de-sac in a general Southeasterly direction along a curved line an arc distance of 18.59' to a point - said point being the true point of beginning- Thence running over land of Yonally S 54025'30" E, a distance of 41.23' to land of City of Salem: Thence running along said City land S 49039'20" W, a distance of 20.62 feet: Thence running N 54025'30" W, a distance of 17.42 ' to the sideline of the cul-de-sac on Buena Vista Avenue: Thence running in a generally Northwesterly direction along a curve having a radius of 60.00' an arc distance of 27.69' to the point of beginning. Said sewer easement contains 580± Sq. Ft. and is shown on a plan entitled "Plan of Easement for Sewer Purposes, Buena Vista Avenue, Salm, Mass. , Scale 1"=20 ' , March 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 6A. A temporary construction easement over the land bounded and described as follows: A strip of land adjacent to the Southerly side of the permanent easement of variable width as shown on "Plan of Easement for Sewer Purposes, Buena Vista Avenue, Salem, Mass. , Scale 1"=201 , March 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 7. A permanent and perpetual easement over the land bounded and described as follows: Beginning on the Westerly sideline of Barcelona Avenue at the Northeasterly corner of Lot 323. Thence running S 4039'30" E 21.31' by Barcelona Avenue: Thence running S 65008'41" W 117.52 feet; Thence running S 54019'06" W 6.00' to Lot 360: Thence running N 14007153" W 21.50' by Lot 360: Thence running N 65008'41" E 126.77" by Lot 328 to Barcelona Avenue and the point of beginning. Said easement contains 2500± Sq. Ft. as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=20' , April 1, 1977", to be recorded herewith. GOO • • OCTOBER 12, 1978 . Parcel 7A. A temporary construction easement over the land bounded and described as follows: A 10 foot wide strip of land adjacent to the Southerly side of the permanent easement, as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=20' , April 1, 1977," to be recorded herewith. Parcel 8. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the line common to Lot 360, Lot 328, and Lot 327. Thence running S 14°07153" E 21.50' by Lot 327" Thence running S 54°19'06" W 88.51' to Lot 359: Thence running N 31013134" W 20.06" by Lot 359 to the point common to Lots 359, 360, 334, and 335: Thence running N 54°19106" E 94.85' to the point of beginning. Said easement contains 1830± Sq. Ft. as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=201 , April 1, 1977" to be recorded herewith. Parcel 8A. A temporary construction easement over the land bounded and described as follows: a 10 foot wide strip of land adjacent to the Southerly side of the permanent easement, as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=20' , April 1, 1977" to be recorded herewith. Parcel 9. A permanent and perpetual easement over the land bounded and described as follows: Beginning at the most Northerly corner of Lot 359: Thence running S 31°13'34" E 20.06' by Lot 360: Thence running S 54°19'06" W 45.39' : Thence running N 70016'40" W 10.02' to the point common to Lots 335, 336, and 359: Thence running N 41°43'58" E 53.93' by Lot 335 to the point of beginning. Said easement contains 704± Sq. Ft. as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=20' , April 1, 1977", to be recorded herewith. Parcel 9A. A temporary construction easement over the land bounded and described as follows: A 10 foot wide strip of land adjacent to the Southerly side of the permanent easement as shown on "Plan of Easement for Sewer Purposes, Barcelona Avenue, Scale 1"=20' , April 1, 1977," to be recorded herewith. Parcel 10. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the Northerly sideline of Highland Avenue which is 60.6.0 feet Westerly from the Easterly corner of Land of Jean P. & Alda E. LaChapelle: Thence running S 54031'10" W 20.40' by the Northerly sideline of Highland Avenue as laid out by the Mass. Dept. of Public Works, 1946: OCTOBER 12, :1978._.... 60�. Thence running N 24005/21" W 241.61; : - Thence running N 8038149" W 193.93" to land of City of Salem: Thence running N 70045'20" E 20.35' by land of City of Salem: Thence running S 8038149" E 194.9811: Thence running S 24005/21" E 234.86' to Highland Avenue and the point of beginning. Said sewer easement contains 8,654± Sq. Ft. as shown on "Plan of Easements on Highland ' Avenue, Scale 1"=40' , March 17, 1977, to be recorded herewith. Parcels 10 A and 10 B Two temporary construction easements over the land bounded and described as follows: TWO 20 foot wide strips of land adjacent to either side of the permanent easement as shown on "Plan of Easements on Highland Avenue, Scale 1"=401 , March 17, 1977, on file at the City Engineer's Office, Salem, Mass.", to be recorded herewith. Parcel 11. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point 163.90 feet Southerly of Mussolini Road along the line cc mion to Lot 59 and Lot 649. Thence running S 13050'13" E 32.06' along the line cOMMOn to Lots 59 and 649 to Lot 60: Thence running S 75032'10" W 21.13' by Lot 60: Thence running S 14027'50" E 25.00' by Lot 60: Thence running S 75032110" W 350.00' by Lots 28, 29, 30, 31, 581 and 582: Thence running S 14027'50" E 16.45' by Lot 582: i Thence running S 60047'12" W 293.00' by Lots 53, 662, 663, 51 and 50 to .Lot 375: Thence running N 20012143" W 27.11' by Lot 375: Thence running N 55047124" E 287.58' : Thence running N 75056'02" E 290.29 feet Thence running N 61050'03" E 109.72' to Lot 59 and the point of beginning. Said sewer easement contains 24,462± Sq. Ft. and is shown on a plan entitled "Plan of Easement, Mussolini Road, Salem, Mass. , Scale 1"=40' March 22, 1977", to be recorded herewith. Parcel 12. A permanent and perpetual easement over the land bounded and described as `\ follows: Beginning at the intersection of the Southerly sideline of Mussolini Road and the Westerly sideline of Marlborough Road and continuing as follows: Thence running along said Westerly sidleine of Marlborough Road S 0023'50" E, a distance of 10.38 feet, to an angle point: Thence running along said Westerly sideline S 0005'42" E, a distance of 40.15 feet to Lot 60: Thence running S 75032110" W along said lot 60 a distance of 100.00 feet to lot 73: Thence running N 13050'13" W along said lot 73 a distance of 32.06"' i , OCTOBER 12, 1978 r Thence running N 61°50'03' E, a distance of 108.58' to the Southerly sideline of Musso- lini Road: Thence running along said Southerly sideline, S 51027130" E, a distance of 11.04' to point of beginning. Said easement contains 4794± Sq. Ft. as shown on a plan entitled "Plan of Easement, Mussoline Road, Salem, Mass. , Scale 1"=40' March 22, 1977", to be recorded herewith. Parcel 13. A permanent and perpetual easement over the land bounded and described as i follows: Beginning at a point on the Southerly sideline of Hone Street common to the land of II John J. & Gladys L. Broughton 180.00' Westerly from the Southerly intersection of Hone Street and Marlborough Road: Thence running S 70°32'00" E along said sideline of Hone Street 20.00 feet: Thence running S-19028100" W to the land of Joseph A. & Ida A. Furnari 70.69 feet: Thence running N 70°01'00" W by land of Furnari 20.00 feet: Thence running N 19029'00" E by land of Broughton 70.51' to the point of beginning. Said easement for sewer purposes contains 1412 Sq. Ft. , more or less, as shown on "Plan of Land-Taking and Easement for Sewer Purposes, Marlborough Road & Hone Street, Salem, Mass. Scale: As noted, February 1977, Anthony V. Fletcher, City Engineer," to be recordel herewith. Parcel 14. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point on the Westerly sideline of Sophia Road. Said point being S 14° i 50100" W, a distance of 109.32' from the point of curvature at the intersection of Appleby Road as shown on a plan hereinafter mentioned: Thence running N 75°10'00" W over land of Salem Cooperative Bank, a distance of 125.00' to land of Augustus J. Antonio & Alexandra Makrakis: Thence running along siad land of Antonio & Makrakis N 14°50'00" E, a distance of 20.00' Thence running S 75010'00" E, a distance of 125.00' to the Westerly sideline of Sophia Road: Thence running along said Westerly sideline S 14°50'00" W, a distnace of 20.00' to point of beginning. Said Sewer easement contains 2500± sq. ft. as shown on "Sewer Easements, Applyby Road and Sophia Road, Salam, Mass. Scale 1"=40' February 1977, Anthony V. Fletcher, City Engineer" to be recorded herewith. Parcel 14 A. A temporary construction easement on the land bounded and described as follows: A strip of land adjacent to the Northerly side of the permanent easement of variable width as shown on "Sewer Easements, Applyby Road and Sophia Road, Salem, Mass. Scale 1"=40' February 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 15. A permanent and perpetual easement over the lard bounded and described as OCTOBER 12, 1978 "' 601; follows: Beginning at a point on the Southerly sideline of Appleby Road, said point being S 610 17'30" W, a distance of 136.18' from the point of curvature at the intersection of Sophia Road as shown on a plan hereinafter mentioned: Thence running S 45°24'18" E over land of Augustus J. Antonio and Alexandra Makrakis a distance of 24.03' to land of Salm Cooperative Bank: Thence running S 14°50'00" W, along said Salem Cooperative Bank land a distance of + 20.00 feet: Thence running N 45°24'18" W, a distance of 39.16' to the Southerly sideline of Appleby Road: Thence running N 61°17'30" E, along said Southerly sideline, a distance of 18.13' to the point of beginning. Said sewer easement contains 570± Sq. Ft. as shown on plan entitled "Sewer Easements, Applyby Road and Sophia Road, Salem, Mass. , Scale 1"=40' February 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 15 A. A temporary construction easement over the land bounded and described as follows: A strip of land adjacent to the Northerly side of the permanent easement of variable width as shown on "Sewer Easements, Appleby Road and Sophia Road, Salem, Mass. Scale 1"=40' February 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 16. A permanent and perpetual easement over the land bounded and described as follows: Beginning at a point which is S 58008'50" E, a distance of 80.89' from the end point of the Southeasterly sideline of Ridgefield Avenue: Thence running N 67048130" E, along Lot 75, a distance of 33.67'" Thence running S 41010107" E, a distance of 63.32' to Lot F: Thence running S 67°49'20" W along said Lot F a distance of 10.83' to land of the City of Salem: Thence running N 58008150" W, along said land of the City of Salem a distance of 73.97' to the point of beginning. Said sewer easement contains 1332± Sq. Ft. as shown on plan entitled "Plan of Easement Rear Highland Avenue, Salem, Mass. , Scale 1"=20' , April 25, 1977, Anthony V. Fletcher City Engineer," to be recorded herewith. Parcel 16A. A temporary construction easement over the land bounded and described as follows: A 20 foot wide strip of land adjacent to the Easterly side of the permanent easement as shown on "Plan of Easements, Rear Highland Avenue, Salem, Mass. , Scale 1"=20' , April 25, 1977, Anthony V. Flethcer, City Engineer" to be recorded herewith. Parcel 17. A permanent and perpetual easement over the land bounded and described as follows: 64? OCIOBER 12, 1978 Beginning at a point which is S 58°08'50" E, a distance of 154.86' from the end point of the Southeasterly sideline of Ridgefield Avenue. Thence running N 67049120" E along Lot 76 a distance of-10.83 feet: Thence running S 41010107" E a distance of 30.00' to land of the City of Salem: Thence running N 58°08'50" W along said land of the City of Salm a distance of 35.05' to the point of beginning. Said sewer easement contains 154± Sq. Ft. as shown on plan entitled "Plan of Easements, Rear Highland Avenue, Salem, Mass. , Scale 1"=20' , April 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. Parcel 17 A. A temporary construction easement over the land bounded and described as follows: A 20 foot wide strip of land adjacent to the Easterly side of the permanent easement as shown on "Plan of Easements, Rear Highland Avenue, Salem, Mass. , Scale 1"=201 , April 25, 1977, Anthony V. Fletcher, City Engineer," to be recorded herewith. The City of Salem takes in fee all the right, title and interest in and to the following described parcels of land: Parcel 18. Beginning at a point on the Westerly sideline of Marlborough Road a distance of 72.20' South of the intersection of Marlborough Road and Hone Street as shown on the plan hereinafter described. Thence running S 30°27'10" W along said sideline of Marlborough Road for a distance of 30.51' to a point: Thence running N 70001'00" W over land of Joseph A. & Ida A. Furnari for a distance of 174.46' to a point: Thence running S 19°59'00" W over land of Furnari for a distance of 30.00' to a point" Thence running N 70001100" W over land of Furnari for a distance of 70.00' to a point: Thence ruining N 19059'00" E for a distance of 60.00' to a point common to the lands of Furnari and John J. & Gladys L. Broughton: Thence running S 70001'00" E along the line common to the lands of Furnari and Broughto , and common to the lands of Furnari and John L. & Maureen T. Ouellette for a distance of 250.00' to the point of beginning. All as shown on a "Plan of Land-Taking and easement for sewer purposes, Marlborough Road and Hare Street, Salem, Mass. , Scale: As noted, February 1977, Anthony V. Flethcer City Engineer." The above describes a taking for sewer purposes, the total area being 9517 Sq. Ft. more or less. OCTOBER 12, 1978 co"i Parcel 19. Beginning at a point on the Westerly sideline of Highland Avenue common to lands of Greg Rogers Co. , Inc. , and Jerry's Inc., as shown on a plan hereinafter described. Thence running N 48037'50" W along the line common to the said lands for a distance of 31.97' to a point: Thence running N 21007158" E for a distance of 31.97' to a point: Thence running 48037'50" E for a distance of 31.84' to a point on the Westerly sidelin of Highland Avenue: Thence running Southerly along sideline of Highland Avenue on a curve of radius of 3946.00 feet for a distance of 31.98' to the point of beginning. All as shown on a "Plan of Land-Taking and easement for Sewer Purposes, Highland Avenu , Salem, Mass. Scale 1'=201 , March 29, 1977, Anthony V. Fletcher, City Engineer. : The above described a taking for sewer purposes, the total area being 973± Sq. Ft. mor or less. Parcel 19A. A temporary construction easement over the land bounded and described as follows: A parcel of land adjacent to the Northerly and Westerly sides of the Permanent Easement as shown on "Plan of Land-Taking and Easement for Sewer Purposes, Highland Avenue, Salem, Mass. , Scale 1"=20' , March 29, 1977, Anthony V. Fletcher, City Engineer," to be recordEd herewith. Parcel 20. Beginning at a point on the Northwesterly sideline of Ravenna Street a distance of 150' Northeasterly by Lots 332 and 331, as shown on plan hereinafter mentioned, 176.85' , Southeasterly by lots 360 and 259, as shown on said plan, 160.40' , and Southwesterly by lot 336, as shown on said plan, 116.68' . All of said boundaries are determined by the Court to be located as shown upon Plan numbered 11802 - , drawn by Thomas A. Appleton, Civil Engineer, Dated December 6, 1928, as modified and approved by the Court, filed in the Land Registration Office, a copy of a portion of which is filed with Certificate of Title #7179 in said Registry, and the above-described land is shown as lots #333, 334 and 335, sheet 2, on last mentioned plan. Parcel 21. A temporary construction easement over the land bounded and described as follows: A strip of land adjacent to the side of the permanent easement of variable width, as shown on "Plan of Easement Mooney Road, Salem, Mass. , Scale 1"=40' , March 7, 1977, Anthony V. Flethcer, City Engineer, over lots 13, 15, 16, 16, 18, 20, 21, 22, 23, 24. ORDERED: That the City Council of the City of Salem, with the approval of its Mayor, by and under the provisions of Chapter 79 of the General Laws, does hereby take by right of eminent domain, in accordance with Chapter 43, Section 30 and by every other Power and authority enabling for the purpose of the aforesaid sewer improvement pro- ject. i f�f! OCTOBER 12, 1978 The supposed owners of land affected and the amount of the award to each are as follows: OWNER AWARD Parcel 1 and lA and 1B New England Power Company $ 3,360.00 Parcel 2 and 2A i New England Pacer Company 2,150.00 Parcel 3 and 3A ' 295.00 Polly and Fannie Ponakis + Parcel 4 and 4A New England Power Company 890.00 Parcel 6 and 6A Raymond L. and Nancy A. Richard 385.00 Parcel 13 John L. and Maureen T. Ouellette 480.00 Parcel 18 Joseph J. and Ida A. Furnari 3,250.00 Parcel 19 and 19A Jerry's Inc. of Salem 5,100.00 Parcel 21 Delulis Brothers Construction Co. , Inc. 590.00 Arthur and Brenda N. Barry 310.00 Mario R. and Carol A. Filardo 285.00 Joseph and Ann Ercha 340.00 _- Richard P. and Shirley A. Marescalchi 315.00 Zegmmt A. Kohn 355.00 Registered Land Parcels 5 and 5A and 5B and 5C Messina Trust, Messina L. Deschamps, Trustee L.C. Cert. 29483, Lot 375 See Plan 11802-E, sheet 6 filed with L.C. Cert. 7179 1,950.00 Parcel 7 and 7A Michael A. and Blanche E. Francullo L.C. Cert. 29024, Lot 327 See Plan 11802-E, Sheet 2, filed with L.C. Cert. 7179 890.00 ! Parcel 8 and 8A Michael A. and Blanche E. Francullo L.C. Cert 44239, Lot 360 See Plan 11802-E, sheet 2, filed with L.C. Cert. 7179 685.00 p� Parcel 9 and 9A Anthony C. and Mary L. Civiello L.C. Cert. 35661, Lot 359 See Plan 11802-E, sheet 2, filed with L.C. Cert 7179 275.00 i Parcel 10 and 10 A and 10B Jean P. and Alda E. LaChapelle L.C. Cert. 24399, Lot 218-A See Plan 11802-2, filed with L.C. Cert 19322 5,800.00 OCTOBER 12, 1978 OWNER AWARD Parcel 11 New England Power Company L.C. Cert, 43995, Lot 649 See Plan 11802-21, filed with L.C. Cert. 33234 $1,835.00 'Parcel 12 New England Power Company L.C. Cert. 43995, Lot 59 See Plan 11802-B, sheet 1, filed with L.C. Cert. 7179 1,200.00 Parcel 14 and 14A Salem Cooperative Bank (Now known as Heritage Cooperative Bank) L.C. Cert. 40460, Lot 634 See Plan 11802-20, filed, with L.C. Cert. 31960 600.00 Parcel 15 and 15A Augustus J. Antonio and Alexandra Makrakis L.C. Cert. 45859, Lot 624 See-Plan 11802-20, filed with L.C. Cert. 31960 225.00 Parcel 16 and 16A Massachusetts Electric Company L.C. Cert. 23048, Lot 76 See Plan 856-J, filed with L.C. Cert 6103 160.00 Parcel 17 and 17A Massachusetts Electric Company L.C. Cert. 23049, Lot F See Plan 856-E, filed with L.C. Cert. 1766 50.00 Parcel 20 John V. Spina (,) and John V. and Anne Spina(;) L.C. Cert. 41364, Lots 333, 334, and 335 See Plan 11802-E, sheet 2, filed with L.C. Cert. 7179 10,000.00 All compensation is in full for any and all damages sustained by them aforesaid, said amounts are to be charged to the City of Salem, Community Development, One Salem Green, Salem, Massachusetts. The names of owners herein given, although supposed to be correct, are such only as to matters of opinion and belief. ORDERED: That the City Clerk cause an attested copy of this ORDER to be recordec in the Essex South District Registry of Deeds at Salem within Thirty days from date of adoption and approval hereof. Given under our hands this 12th day of October, 1978. S/ Joseph M. Centorino George F. McCabe James M. Daly George A. Nowak Frances J. Grace Brian T. O'Keefe Stephen P. Lovely Jean-Marie Rochna Jean Guy J. Martineau Stanley J. Usovicz, Jr. Leonard A. Cawley, Jr. i t i I fib? OCTOBER 12, 1978 S/ Jean A. Levesque, Mayor 861 Ordinance Traffic S. 5 Councillor Grace introduced the following Ordinance which was adopted for first Park. Prohib. Putnam St. passage. E In the year one thousand nine hundred and Seventy-Eight p An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51B, Parking Prohibited at Certain Times on Certain Streets, is hereby amended by deleting the following: , "Putnam Street, easterly side, twenty feet form the intersection of Putnam Street and Proctor Street and extending in a northwesterly direc- tion for a distance of eighty-six feet, 30 minute Parking." and inserting in Section 51 (Parking Prohibited on Certain Streets) the following "Putnam Street, from Proctor Street to Varney Street, on the westerly side." Section 2. This Ordinance shall take effect as provided by City Charter. 862 Amending Council Rule Councillor Centorino introduced the following Order. 32-Committee reports be placed on agenda after ORDERED: That Council Rule 32 be amended by adding the following paragraph: introduction to meeting. Every Ordinance, order, or resolution referred to a standing Committee of the Council, except the committee on Finance, shall be placed on the agenda under committee reports for the second regular meeting following the meeting at which it is so referred, unless said committee shall sooner report. Councillor Centorino requested and received unanimous consent to suspend the rules. It was so voted. Councillor Centorino moved that the matter be referred to the Committee on Rules & Bonds. It was so voted. Councillor Usovicz was recorded as opposed. 863 kwm ing Council Rule Councillor Lovely introduced the following Order which was held until the next 16 each member allowed three minutes to meeting under the rules. address issue ORDERED: Section 16 of the "Rules & Orders" of the City Council is hereby amend by adding the following after the word "spoken". "Each member shall be allowed three (3) minutes to address each question, when they have been recognized by the President unless the Council votes to suspend the application of this rule." 864 t Resolution thanking Councillor Grace introduced the following Order which was adopted. Garden Club for Mill Hill Landscaping RESOVLED: That the Salem City Council thank the Salem Garden Club for the time i and effort spend in providing the attractive landscaping in the area of Mill Hill. 865 Speed Survey - Lafayette Councillor Daly introduced the following Resolution which was adopted. treet RESOLVED: That the Salem City Council adopt a resolution requesting the Mass- achusetts Department of Public Works survey and allow the following street to be legall regulated as per the following specials ed regulation.egulation. OCTOBER 12, 1978 609 Lafayette Street, from Fairview Road to the Marblehead line, 25 miles per hour. 866 Councillor Grace introduced the following Ordinance which was adopted for first Ordinance Traffic S. 10 One Way St. Beaver St. passage. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic i' Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 10, One Way Streets, is hereby amended by deleting the following: "Beaver Street, from Watson Street to Grove Street in an easterly direction." and inserting in place thereof the following: "Beaver Street, from where the easterly end of Silver Street intersects with with Beaver Street thence easterly to Grove Street." Section 2. This Ordinance shall take effect as provided by City Charter. 867 Councillor Grace introduced the following Ordinance which was adopted for first Ordinance Traffic S. 49, Colby St. and Circle passage. Hill Road In the year one thousand nind hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 49, in accordance with the provisions of Chapter 89, Section 9, of the General Laws, the following streets are designated as a Stop Street at the intersections and in the directions indicated. Southeasterly bound traffic on Colby Street at Highland Avenue Easterly bound traffic on Circle Hill Road at Gallows Hill Road Section 2. This Ordinance shall take effect as provided by City Charter. 868 Councillor Grace offered the following report for the Comnittee on Licenses & Granting certain Licens Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted. TAXI OPERATOR Carol Akeley, 4 Prince Street Place, Salem 869 Councillor Usovicz offered the following report for the Committee on Community Sale of Lot #122 32 Hillside Ave to Development. It was voted to accept the report. Adoption of the recommendation was Laurent Levesque so voted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Centorino, Daly; Grace, Lovely, Martineau, McCabe, Nowak, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor O'Keefe was absent. The Committee on Community Development to whom was referred a request to pur- chase Lot #122 (Originally referred to to Lot #32, See Feb. 26, 1976 Council Order #124) adjacent to 32 Hillside Avenue by Laurent G. Levesque owner of property at 32 Ei 'v� OCTOBER 12, 1978 Hillside Avenue, has considered said matter and would recommend that the City Council find: i (1) That said 10,700 square feet of land is land in excess in accord with the opinion of the Department of Public Properties attached. (2) That the Mayor is authorized to sell said parcel contingent upon the purcha- sers being responsible for an opinion to be received from the Conservation Commission f regarding the proximity of wetlands in accord with the request of the Department of Public Works. f (3) That a minimum price of $3,200.00 be set for the sale in accord with th¢ valuation of Mr. Groszyk, City Assessor, attached hereto. (600)870 ransfer of land to Councillor Usovicz offered the following report for the Committee on Community Peabody Museum Development. It was voted to accept the report. Adoption of the recommendation was so voted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, Nowak, Rochna, Usovicz, and Cawley were record as voting in the affirmative. Councillor O'Keefe was absent. The Committee on Community Development to whom was referred an Order for exchange of two small parcels of land on and off Charter Street between the City of Salem and the Peabody Museum, (Lot #3 and Lot #4) has considered said matter and would recommend that the City,Council find: I' (1) That said Lot #4 owned by the City of Salem is land in excess in accord with the opinion of the Department of Public Property attached. (2) That the Mayor is authorized to transfer said parcel to the Peabody Museum contingent upon exchange of Lot #3 owned by the Peabody Museum. (749) 871 pr. School Dept. Councillor Usovicz offered the following report for the Committee of the Whole. Salaries & Bills It was voted to accept the report and adopt the recommendation. The Committee of the Whole to whom was referred the matter of the Mayor's request for an appropriation of $496,000.00 (Four hundred and Ninety Six Thousand Dollars) , has considered said matter and would recommend that the attached letter be adopted and and forwarded, Pursuant to Section XIX of our Municipal Charter, and forwarded to his honor the Mayor. The Honorable Jean A. Levesque Mayor of Salon City Hall Salem, MA 01970 Dear Mayor Levesque: Pursuant with Section 19 of our Municipal Charter, and in an effort to further come to grips with the Salem School Department deficit and the requirements for meeting the Salem School Department obligations through Fiscal Year 1979, the City Council Puts to you the following questions. 1. what is the reason for the deficit of $496,000.00? 2. How did this deficit occur, and over what periods of time, and over which Fiscal Year or Years? a. Please list a cumulative accounting for each fiscal year from the OCTOBER 12, 197E fin i inception of the deficit through Fiscal Year 1979. i 3. When did you first become aware of the fact that there was going to be a deficit in the School Department Budget? 1 4. When did you realize that the deficit would be $496,000.00? 5. How were you first informed of this problem of the deficit in the School Department Budget? 6. Who first informed you, and in what manner? 7. Do you have any written communications regarding the deficit from: a. School Committee b. Superintendent of Schools c. Personnel Director d. City Auditor e. City Solicitor f. School Department Business Manager 8. Please furnish us with a copy of any and all cot¢nunications with the indivi- duals, a through f, mentioned above. 9. With reference to enclosure Number One (#1) , (minutes of the September 27, 1978 Finance Committee meeting) , and Dr. Salerno's testimony therein, regar- ding "an error", what was the "error"? Please name the person or persons whose actions culminated in this "error". 10. What accounting procedures were used to rectify this "error"? 11. Specifically, which Line Items were affected by the above "error"? 12. Were transfers authorized to supplement the above affected Line Items? If so, please list the amounts and dates of these transfers and relate to the City Council who the individual was who approved these transfers. 13. Your request as presented in Enclosure Number Two (#2) is for $496,000.00 Enclosure Number One (#1) makes reference to deficits rangirg frau $496,000.00 up to $1.4 million dollars. Mr. Mayor, what amount of money is necessary to fund the obligations of the entire School Department through July 1, 1979, and please itemize, with reference to the 4.5% increase, a breakdown of the deficit for Fiscal Year 1979. 14. Between July 1, 1978 and today (October 12, 1978) have any bills been paid using funds not appropriated for the specific purpose of paying said bills? If so, please itemize said bills; noting dates, amounts, and Line Iters. 15. What, if any, alternatives are you developing for reducing the deficit without adding to the tax rate? 16. Do you plan to reduce this deficit through the sale of excess public Propert and apply the proceeds to diminish any of the above deficit? If so, please describe your plans. If not, why not? S/LEONARD A. CAWLEY, JR. , PRESIDENT FOR THE CITY COUNCIL 872 (825) Councillor Martineau offered the following report for the Committee on Finance. Appr. Columbus Avenue Sewer Line It was voted to accept the report. Adoption of the recommendation was so voted by a roll call vote of 9 yeas, 0 nays, 1 "present", and 1 absent. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, Rochna, Usovicz, and Cawley were recorded as voting in;the affirmative. Councillor Nowak was recorded as voting "present". Councillor O'Keefe was absent. The Committee on Finance to whom was referred the appropriation of $6,724.00 from the "Sewer Use Charges Reserved for appropriations" Account to "Columbus Avenue Sewer Line" Account has considered said matter and would recommend that the appropriate n be granted. i f; o=BER 12, 1978 i 873 Ad-Hoc Committee on Councillor Daly Offered the following report for the Ad-Hoc Committee on Ward Ward 7 Parking 7 Parking. It was voted to accept the report and adopt the recommendation. The Ad-Hoc Committee on Parking, Ward Seven, to wham was referred the problem of parking in the vicinity of Salem State Collegehasconsidered said matter and would \ recommend that the Salem City Council adopt the following Order. Solicitor draw up 873-A ORDERED: That the City Solicitor draw up an Ordinance that will establish Ordinance sticker park- ing Salem State College resident sticker parking, similar to the system used in Cambridge Mass. , on these stree s: Area Fairview Road - North Side West Avenue - South Side Summit Avenue - West Side (Clifton to Ocean) Bristol Street - East Side Plymouth Street - East Side Linden Street - West Side (Loring to Ocean) Clifton Avenue - North Side Ocean Avenue - North Side (Lafayette to Shore) This system will: 1. Be enforced from April 1, 1979 to June 15, 1979 and will then be subject to review by the City Council. 2. It Will provide for a minimLun fine of $15.00 for violators. 3. Stickers will be made available to any resident of Salem who pays his excise tax to the City of Salem And also be it ordered that the Solicitor return this Ordinance to the Council on or before the first regular Council meeting in January 1979. (750) 874 ppr. Central Motor Councillor Martineau offered the following report for the Catmiittee on Finance. 'pment New Equipment It was voted to accept the report. The Committee on Finance to whom was referred the appropriation of $300,000.00 with the approval of an authorization to issue $270,000.00 bonds or notes and that the sum of $30,000.00 be appropriated from the "Surplus Revenue" Account has considered said matter and would recamlend that the appropriation be reduced by the sum of $55,250.00 to gait the aquisitions of the two following equipment items: A. Police vehicles $40,250.00 B. Truck body & Sewer Rodder $15,000.00 So that the appropriation of $244,750.00 be granted. Councillor McCabe amended to restore the amount of $40,250.00(Police vehicles) Councillor Rochna moved the question on the amendment. It was so voted. The amendment was defeated by a roll call vote of 5 yeas, 5 nays, 1 absent. Councillors Centorino, Grace, McCabe, Novak, and Rochna were recorded as voting in the affirmative. Councillors Daly, Lovely, Martineau, Usovicz, and Cawley were recorded as voting in OCTOBER 12, 1978 the negative. Councillor O'Keefe was absent. Councillor Martineau moved the question on the main motion. (Committee report recommendation) . It was so voted. The committee recommendation was adopted by a roll call vote of 7 yeas, 3 nays, 1 /r, 1 absent. Councillors Centorino, Daly, Lovely, Martineau, Nowak, Usovicz, and Cawley J ■ `V were recorded as voting in the affirmative. Councillors Grace, McCabe, and Rochna L��3333 were recorded as voting in the negative. Councillor O'Keefe was absent. Councillor McCabe filed reconsideration at the next regular meeting on the matter of the $40,250.00 (Police Vehicles) . 875 (820) Councillor Martineau offered the following report for the Committee on Finance. Appr. Mass. Mayor's Assoc. Referendum Public It was voted to accept the report. Information The Committee on Finance to wham was referred the appropriation of $6,780.00 from the "Surplus Revenue" Account to the "Massachusetts Mayors' Association Referen- dum Public Information Project" Account has considered said matter and would recommend that the matter be reported out with no recommendation. Councillor Centorino moved that the appropriation be granted. Councillor Usovicz moved that the appropriation be tabled. The motion was defeated. Councillor Martineau moved the question. It was so voted. Councillors Usovicz and Lovely were recorded opposed. The appropriation was adopted by a roll call vote of 6 yeas, 3 nays, 2 absent. m Councillors Centorino, Daly, Grace, Martineau, McCabe, and Nowak were recorded as voting in the affirmative. Councillors Lovely, Usovicz, and Cawley were recorded as voting in the negative. Councillors O'Keefe and Rochna were absent. A communication was received after the deadline of Tuesday Noon from Anthony Comm. fr. Safety Offic re: sidewalks on Valley Pierro, Safety Officer, relative to no sidewalks on Valley Street, and the problem it Street presents to High School Children walking to school. Councillor Grace moved for suspen- sion of the rules. Councillor Martineau objected. The matter was not properly before the Council. (See Next Meeting - Communications from City Officials) 876 A hearing was ordered for October 26, 1978 on the petition of New England Petition N.E. Tel. & Mass Elec. pole locati Telephone and Telegraph and Massachusetts Electric Company for a joint pole location Goodhue St. on Goodhue Street. 877 A hearing was ordered for October 26, 1978 on the petition of New England Petition N.E. Tel. conduit location Essex Telephone and Telegraph for a conduit location on Essex Street. Street 878 The Special Auctioneer One day license for Michael March, 166 Main Street, Auctioneer - Special One Day Essex, sponsored by the Cultural Arts Commission, was granted. s 879 The Drainlayer Renewal Application of Dan C. Marino, 111 Birch Street, Lynn, Drainlayer Renewal was granted. I OCTOBER 12, 1978 880-881 Claims The following Claims were referred to the Committee on Ordinances & Legal Affairs. Mr. Paul Baker, 13 Parlee Street, Salem Mr. James A. Gallo, 43 Arlene Avenue, Wilmington, MA Drainlayer Bond 882 The Drainlayer Bond of Dan C. Marino, Inc. , 111 Birch Street, Lynn, Mass, was referred to the Committee on Rules and Bonds and returned approved. (821) Second passage Ord. The matter of second and final passage of an Ordinance amending the Salary of Salary Schedule Dog Constable the Dog Constable from Job Group Iv to Job Group VI was then taken up- Councillor Martineau moved that the Ordinance be tabled. The motion was defeated., Councillor Usovicz moved that it be adopted for second and final passage. It was so voted by a roll call vote of 7 yeas, 1 nay, 3 absent. Councillors Centorino, Daly, Lovely, McCabe, Nowak, Usovicz, and Cawley were recorded as voting in the affir- mative. Councillor Martineau was recorded as voting in the negative. Councillors Grace, O'Keefe, and Rochna were absent. Councillor Usovicz moved for immediate reconsideration hoping it would not prevail. Reconsideration was defeated. (827) Second Passage Ord. The matter of second and final passage of an Ordinance amending Traffic Section Traffic S. 10 One Way Streets Sylvan St. 10 One Way Streets, Sylvan Street, was then taken up. The Ordinance was adopted for second and final passage. (758) Second passage Ord. The matter of second and final passage of an Ordinance amending the Salary of Salary Schedule City Engineer the City Engineer by inserting in Job Group 50, with an annual Salary of $24,700.00 was then taken up. Councillor Grace moved that it be adopted for second and final passage. It was so voted by a roll call vote of 8 yeas, 1 nay, 2 absent. Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Nowak was recorded as voting in the negative. Councillors O'Keefe and Rochna were absent. Councillor Usovicz moved for immediate reconsideration hoping it would not prevail. Reconsideration was defeated. Jurors at Lawrence ICouncillor Martineau was appointed to draw four (4) jurors for. the Salem Superior Court November 6, 1978 sitting at Lawrence. 1. Jacintho J. Farea, 2 Circle Hill Road, Auditor 2. Roland B. Lessard, 31 Hillside Avenue, Technical specialist 3. Stephanie E. Buivid, 6 Derby Street, At home 4. William P. Goreham, 2 Pioneer Circle, Auditor Jurors at Salam Councillor Grace was appointed to draw four (4) jurors for the Salem Superior Court November 6, 1978 sitting at Salem. 1. Henry A. Anderson, 4 Mt. Vernon St. , Retired OCTOBER 12, 1978 : 614 2. John J. Barry, Jr. , 13 Maple Avenue, Retired 3. Melville E. Wilkey, 22 Scenic Avenue, Shipper 4. Dana J. Duhaime, 18 Oliver Street, Unemployed 0 On the motion of Councillor Martineau, the meeting adjourned at 9:20 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK OCTOBER 19, 1978 Eh1EitGQVCY MEET ING- An Emergency Meeting was held in the Council Chamber on Thursday, October 19, 1978 at 7:16 P.M. for the purpose of taking action of the Finance Ccnmittee Report relative t to an Appropriation of $11,000.00 from the "Surplus Revenue" Account to the "Public i Property - Special Items" Account. Notice of this meeting was posted on October 18, 1978 at 12:44 P.M. Councillors McCabe, Rochna, Nowak, Grace, and O'Keefe were absent. i President Leonard A. Cawley, Jr. presided. Councillor Martineau moved that the matter of this appropriation be declared an emergency. It was so voted. (857) 883 Appr. "Public Property Councillor Martineau offered the following report for the Committee on Finance. Special Items" It was voted to accept the report. The Committee on Finance to whom was referred the appropriation of $11,000.00 from "Surplus Revenue" Account to the "Public Property - Special Items" Account has considered said matter and would recommend that the appropriation be granted. Councillor Martineau amended that the matter be declared an emergency under Chapter 43, Section 28 of the Massachusetts General Laws. It was so voted by a roll call vote of 6 yeas, 0 nays, 5 absent. Councillors Centorino, Daly, Lovely, Martineau, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, McCabe, Nowak, O'Keefe, and Rochna were absent. The Committee Report Recommendation was adopted as amended by a roll call vote of 6 yeas, 0 nays, 5 absent. Councillors Centorino, Daly, Lovely, Martineau, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, McCabe, Nowak, O'Keefe, and Rochna were absent. Councillor Martineau moved for immediate reconsideration hoping it would not prevai . Reconsideration was denied. On the motion of Councillor Martineau, the meeting adjourned at 7:25 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK AAi OCTOBER 26, 1978 616 A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 26, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 20, 1978 at 11:38 A.M. There was no one absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous X13 meeting. It was so voted. 884 A hearing was held on the Order of the New England Telephone Company and the Hearing Pole Location Massachusetts Electric Company for a joint pole location on Goodhue Street. Appearing Goodhue Street in favor was Mr. George Cooley of the New England Telephone Company. There was no one opposed. The hearing was closed. Councillor Grace moved that the permit be granted. It was so voted. 885 A hearing was held on the Order of the New England Telephone Company for a Hearing Conduit Locatio Conduit Location on Essex Street. Appearing in favor was Mr. George Cooley from Essex Street New England Telephone Company. Councillor Nowak asked Mr. Cooley if cement will be poured beneath the hot top. Mr. Cooley replied that it would be. There was no one opposed. The hearing was closed. Councillor Nowak moved that the permit be granted. It was so voted. 886 The Mayor's appointment of Mr. Raymond H. Tetrault, Jr. as a member of the Appt. Raymond Tetrault Market Area Management Market Area Management Commission for the term expiring November 1, 1979, replacing Conmission Mr. Donald Wagoner who has resigned, was held until the next meeting under the rules. 887 (765) Councillor Grace requested and received unanimous consent to take out of order Ord. Est. Council for Physically Handicapped a Committee report on an Ordinance establishing a Council for the physically handicap . FIRST PASSAGE Councillor Grace offered the following report for the Committee on Municipal Services. It was voted to accept the report and adopt the recomendation. The Committee on Municipal Services to whom was referred the matter of creatin a Council for the Physically Handicapped in the City of Salem has considered said mattei and would recommend that said ordinance be adopted. s In the year one thousand nine hundred and seventy-eight N An Ordinance to establish a Council for the Physically Handicapped in;the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2 of the Salem Code of Ordinances is hereby amended by adding the following: Article 24 - Council for the Physically Handicapped Section 2-581 Establishment, Composition and Compensation There is hereby established in the City of Salem a board to be known as the "Council for the Physically Handicapped." Such Board shall consist of five (5) members, I F OCTOBER 26, 1978 all of wham shall be residents of the City of Salem. Such mambers shall serve.without compensation. Section 2-582 Appointment and term of members. The five (5) members shall be appointed by the Mayor subject to confirmation by the City Council and shall hold office for the following terms: two (2) members to be appo- inted for a two (2) year term and three (3) members to be appointed for a three (3) year I term. Members shall serve until a successor is duly appointed and confirmed. Any vac- ancy which shall occur in such Board shall be filled in accordance with the provisions of this section. Section 2-583 Council for the Physically Handicapped The council for the physically handicapped shall act in an advisory and consultativa capacity with the general objectives of coordinating within the city departments and interested organizations, the concerns of the physically handicapped, and may promote, assist and coordinate all activities designated to meet such concerns at community levels. Section 2. This Ordinance shall take effect as provided by City Charter. 888 pt. Jean B. Marquis The Mayor's appointment of Mr. Jean B. Marquis as a member of the Council on Aging Council on Aging for a term expiring October 1, 1981, was held until the next meeting under the rules. 889 Trans. Health Ccnuun- The following Order, recamnended by the Mayor, was adopted. Councillor McCabe was . ity Health Bills recorded "opposed." ORDERED: That the stun of Three Thousand Three Hundred Thirty Five Dollars and Forty Cents ($3,335.40) be and the same be transferred from the "Health - Division of Environmental Salaries" Account to the "Health - Division of Commmity Health - Bills" Account in accordance with the recommendation of His Honor the Mayor. 890 Lease - for Winter Islan A Communication was received from the Mayor requesting authorization to execute for Renovation of Yacht "Richard Henry Dana" a lease for a portion of Winter Island for the purpose of renovating a Yacht known as the "Richard Henry Dana". On the motion of Councillor Nowak, the matter was laid on the table. 891 Constable The Mayor's appointment of Mr. Robert Coon, 7B Ocean Terrace, Salem, as a Constable for 1 year beginning October 28, 1978, was received and filed. 892 O' Constables The Mayor's appointment of the following Constables for 1 year beginning October 28, 1978, was received and filed. David Janes, 95 Eastern Avenue, Lynn Joseph H. Kukas, 196 Lynn St. , Peabody OCTOBER 26, 1978 61.8 893 A Communication was received after the deadline of Tuesday Noon from the Mayor Appt. Jon Hardie coordinator relative to the Appointment of Mr. Jon Hardie as Coordinator of Elderly Affairs. Affairsof Elderly Councillor Rochna moved to suspend the rules. There were no objections. The matter was now properly before the Council. Councillor Rochna moved for suspension of the rules to act upon the appointment . I There were no objections. The appointment was confirmed by a unaniumus roll call vote. Councillor Cawley acknowledged the presence of visiting students to America from Germany, and welcomed than to Salem. Councillor Cawley requested and received unanimous consent to allow Mr. Heinrich Garg, chaperone, to speak briefly to the Council. 894 A Veto was received after the Deadline of Tuesday Noon frau the Mayor relative VETO: Appr. Columbus to an Appropriation of $6,724.00 from the "Sewer Receipts Reserved for Appropriation" Avenue Sewer Account to the "Columbus Avenue Sewer Account". Council President Cawley ruled that the matter was a communication from the Mayor, and not a VETO, and he would like further study on the matter in Committee. Councillor Centorino moved that it be referred to the Comuittee on Ordinances and Legal Affairs. It was so voted. Councillor Nowak was recorded as voting "present". 895 Councillor Grace introduced the following Order which was adopted. Councillor Engineer prepare cost estimate re: sewer lin O'Keefe was recorded "opposed". Freeman Rd ORDERED: That the City Engineer prepare a written cost estimate for extending the sewer and water lines on Freeman Road - 160 feet from the point where the present contractor is due to stop, and that this estimate be forwarded to the City Council at the next regular meeting. 896 Councillor Lovely introduced the following Order which was adopted. Dir. Public Services Close Warren_ St. Court ORDERED: That the Director of Public Works undertake the closing of the North sterly end of Warren Street Court for the purpose of creating a dead--end. 897 Councillor Centorino introduced the following Resolution which was referred to Resolution re: Title e Committee on Ordinances & Legal Affairs. inter Island RESOLVED: BE IT RESOLVED By THE City Council of the City of Salem,,as follows: IWHEREAS, the area of land within the City of Salem commonly known as Winter Island is e a valuable natural resource worthy of preservation for aesthetic and recreational enjoy- meat by the public; and WHEREAS, the state of the Title to Winter Island is in doubt; and WHEREAS, the Board of Trustees of the Plummer Home for Boys has indicated a willingness to enter into an agreement with the City of Salon whereby the question of the title to the said property may be resolved as between the Plummer Hone and the City provided that the property in question is reserved to the public use and enjoyment, M E'• Eily OCTOBER 26, 1978 i NOW THEREFORE BE IT FURTHER RESOLVED: That it is the sense of the City Council of the City of Salem that such an 'i agreement containing the said restriction accompanied by the appropriate cross-convey- ances necessary to accomplish an agreement ought to be executed between the Plummer i Ham and the City of Salem and that the Mayor of the City of Salm is hereby requested to take immediate steps to accomplish said agreement. 8981 Rescheduling November Councillor Grace introduced the following Order which was adopted. 23, 1978 meeting ORDERED: That the November 23, 1978 meeting of the Salem City Council be held on Tuesday, November 29, 1978 at 8:00 P.M. Councillor Grace filed notice of reconsideration at the next regular meeting. 899 Committee of Whole Councillor O'Keefe introduced the following Order. meet re: School Deficit ORDERED: That the City Council meet as a Committee of the Whole on Tuesday, October. 31, 1978 in the Council Chamber at 7:30 P.M. for the purpose of discussing the deficit in the school department and answers to questions asked in a letter of October 12, 1978 to his honor the Mayor in accord with Section 19 of the Municipal Charter of the City of Salem. BE IT FURTHER ORDERED: That the City Clerk is to send invitations to the Mayor and Superintendent of Schools to attend and participate at said Committee of the Whole meeting. Councillor O'Keefe requested and received unanimous consent to take up the matter of a communication received after the deadline from the Mayor, in conjunction with the Committee of the Whole meting. The Order was adopted along with the late filed communication. 900 Health Dept. relinquish Councillor Lovely introduced the following Order which was adopted. Councillors to Shaughnessy Hospital half the space it occu- Nowak, McCabe, and Rochna were recorded "opposed". (pies CORDERED: That the Board of Health accomplish the goals of the Order passed by the City Council on September 28, 1978, that being, that the Health Department relinquish to the Shaughnessy Hospital approximately half the space it currently occupies, by the next regular meeting of the City Council. 901 ORDINANCE Traffic Councillor Lovely introduced the following Ordinance Which was adopted for first S. 513. Park. Prohib. gin St. passage pending a written recommendation from the Police Traffic Division. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited at *certain times on certain streets) 6 OCTOBER 26, 1978 (i20 Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51B is hereby amended by deleting the following: "Margin Street, for a distance of forty-four (44) feet, in a southerly directio from High Street, westerly side, thirty-minute parking." and inserting: 00' "Margin Street, for a distance of one hundred eighty (180) feet in a southerly direction from High Street, westerly side, thirty-minute parking." Section 2. This Ordinance shall take effect as provided by City Charter. 902 Councillor Lovely introduced the following Ordinance which was adopted for Ordinance Traffic S. 49 Isol. Stop Sign first passage pending a written recommendation from the Police Traffic Division. Broad St. Extention In the year One Thousand Nine Hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 49 is hereby amended by including the following: "Broad Street Extension, at the intersection of Jackson Street. Section 2. This Ordinance shall take effect as provided by City Charter. 903 Councillor Lovely introduced the following Ordinance which was adopted for Ordinance Traffic S. 51 Park. Prohib. first passage pending a written recommendation from the Police Traffic Division. Jefferson Avenue In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited on Certain Streets) Be it ordained by the City Council of the City of Salem, as follows: I Section 1. Chapter 15, Section 51 is hereby amended by adding the following: "Jefferson Avenue, easterly side at Wheatland Street for a distance of 60 feet in a southerly direction." Section 2. This Ordinance shall take effect as provided by City Charter. 904 Councillor Lovely introduced the following Ordinance which was adopted for Ordinance Traffic S. 51B Park Prohib. first passage pending a written recommendation from the Police Traffic Division. Essex St. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited Iat certain times on certain streets) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51B is hereby amended be deleting the following: "Essex Street, for a distance of thirty-five (35) feet in a southwesterly direction from Flint Street" And inserting: "Essex Street, for a distance of Seventy-five (75) feet in a southwesterly direction from Flint Street" I I fief .,--,,OCTOBER 26, 1978 Section 2. This Ordinance shall take effect as provided by City Charter. 905 Election order Councillor McCabe introduced the following Order. State Election Nov. 7 ORDERED: That meetings of the qualified voters of the City of Salem be held in the several voting precincts of the City, at the polling places designated by the Counci , on Tuesday, November 7, 1978, for the purpose of electing: a Senator in Congress; Governor--Lt. Governor; Attorney General; Secretary; Treasurer; Auditor; Representative in Congress for the Sixth District; Councillor of the Fifth District; Senator of the Second Essex District; Representative in the Seventh Essex District; District Attorney for the Eastern District; Register of Probate and Insolvency, County Commissioner and Treasurer for Essex County; and the following nine (9) questions: QUESTION I Do you approve the adoption of an amendment to the Constitution summarized below, which was approved by the General Court in Joint sessions of the House of Representative and Senate on May 28, 1975, by a vote of 220-53 and on September 7, 1977 by a vote of 243-20? Sumnu Y The proposed constitutional amendment would permit the legislature to establish as many as four different classes of real property for tax purposes. Property in any one class would be required to be assessed, rated and taxed proportionately but property in different classes could be assessed, rated and taxed differently. The legislature could grant reasonable exemptions. The constitution presently requires all property (other than wild lands, forest lands, and certain agricultural lands) to be assessed and rated equally at full value for tax purposes. QUESTION 2 Co you approve the adoption of an amendment to the Constitution summarized below, which was approved by the General Court in joint sessions of the House of Representative and Senate on May 28, 1975 by a vote of 267-3, and on August 10, 1977 by a vote of 1250-1? SUMMARY The proposed constitutional crKncbient would allow a governor who had not served in the preceding year as r to submit a proposed budget to the legislature within eight weeks of the begf--, of the legislative session. A governor who had served in the preceding v _ „ ,,. _' .`_ill be required to sd3dt a proposed budget within three uxKft of the begimming of a legislative session. i -'Z't 3 1t T of the G' Felt to the Constitution summarized calosr, '..rr_= by the l <--=rvf$l in joint sessions of the House of Represestativ+es and S (W 26, 1976, by a wrote of 244-6 and on August 10, 1977 by a vote of 253-1? OCTOBER 26, 1978 622 SUMMARY The proposed constitutional amendment would require that the Secretary of the Commonwealth to send information about questions that will appear on the state electio ballot to each person eligible to vote in the Commonwealth, or to every resident in the Commonwealth where one or more eligible voters live. Presently, the Constitution requ ires the Secretary to send this information to each registered voter in the Commonwealth. QUESTICN 4 Do you approve of the adoption of an amendment to the Constitution summarized below, which was approved by the General Court in joint sessions of the House of Rep- resentatives and Senate on May 26, 1976, by a vote of 266-0, and on August 10, 1977 by a vote of 258-0? SUMMARY - The proposed constitutional amendment would require that the taking of the stat census, residence be determined in accordance with the standards used by the federal standards, residence is based upon where a person spends most of his or her time where- as under present state standards residence is based upon legal domicile. The standard would be subject to any exceptions which the legislature might enact. QUESTION 5 Do you approve of the adoption of an amendment to the Constitution summarized below, which was approved by the General Court in joint sessions of the House of Representatives and Senate on May 26, 1976, by a vote of 260-1, and on August 10, 1977 by a vote of 255-0? SUAM9ARY The proposed constitutional amendment would allow a local charter commission 18 months after its election to prepare a charter or charter revision for submission tx the voters of a city or town. Presently, the constitution provides that the charter or charter revision be prepared within 10 months of the election of the charter Commission. QUESTICN 6 Do you approve of the adoption of an amendment to the Constitution summarized below, which was approved by the General Court in joint sessions of the House of Rep- I � resentatives and Senate on June 11, 1975, by a vote of 175-73, and on September 7, 1977 by a vote of 173-90? SUBMPM The proposed constitutional amendment would provide that a student could neither be assigned to nor denied admittance to a public school on the basis of race, color, national origin, or creed. QUESTICN 7 Do you approve of the adoption of an amendment to the Constitution summarized below which was approved by the General Court in Joint sessions of the House of Rep- bCPOBER 26, 1978 I resentatives and Senate on August 11, 1976 by a vote of 248-5, and on May 24, 1978 by a vote of 257-0? SUNII'�F1Ry - _. The proposed constitutional amendment would give the legislature the po er to establish a different method of property taxation for land which is used for recreatio- nal purposes and for land preserved in its natural state. It would add these two categories to the existing constitutional provision which allows the legislature to tax wild and forest land differently. The amendment's stated purpose is to develop and conserve natural resources and environmental benefits of recreational land. QUESTION 8 THIS QUESTION IS NON-BINDING "Shall the Representative from this Destrict be instructed to vote in favor of legislation which would require the democratic selection of all legislative leadership, committee charipersons and committee members iwthin the Massachusetts House of Repre- sentatives, the taking of an open vote on every bill, and the fixing of legislative salaries on recamte7dations by a citizen panel?" QUESTION 9 THIS QUESTION IS NON-BINDING "Shall the Senator from this District be instructed to vote to approve the passage of a bill requiring the reduction and limitation of local property taxes by substitutin revenue fran state taxes, and providing that all state and local taxes combined shall not take a larger percentage of the total personal income in Massachusetts than the average percentage taken in the three year period immediately preceding approval?" ORDERED: That the polling places be as follows: Ward I Precinct 1 Bentley School, Memorial Drive - Precinct 2 Caroline Emmerton Hall, 114 Derby Street Precinct 3 Recreation Room, 27 Charter Street Ward 2 Precinct 1 Carlton School, 10 Skerry Street Precinct 2 Phillips School, 86 Washington Square Precinct 3 St. John the Baptist School Auditorium, 24 St. Peter St. Ward 3 Precinct 1 Rear Administration Building, 1 Broad Street Precinct 2 Rear Administration Building, 1 Broad Street Precinct 3 St. Anne's School, 9 Cleveland Street Ward 4 Precinct 1 AMVE7'S Hall, 13 Beckford Street Precinct 2 Colonial Village Community Center, Heritage Drive Precinct 3 Endicott School, 112 Boston Street Ward 5 Precinct 1 St. Joseph Church Basement, 135 Lafayette Street Precinct 2 St. Joseph Church Basement, 135 Lafayette Street Precinct 3 Saltonstall School, 211 Lafayette Street Precinct 4 Saltonstall School, 211 Lafayette Street OCTOBER 26, 1978 Ward 6 Precinct 1 Engine House #2, North Street Precinct 2 - Pickering School, 181 North Street Precinct 3 Pickering School, 181 North Street Ward 7 Precinct 1 South Branch Library, 47 Ocean Avenue Precinct 2 Training School, 19 Loring Avenue 10 Precinct 3 Fire Station, Engine House #5, 64 Loring Avenue Precinct 4 Salem State College, South Campus, Harrison Road AND BE IT FURTHER ORDERED: That the polls at said meeting be opened at 8:00 P.M. and closed at 8:00 P.M. and that the City Clerk publish this notice as required by law. Councillor Lovely moved to waive the reading of the nine questions. It was so voted. The Order was adopted. Councillor McCabe assumed the Chair for Councillor Cawley. 906 Councillor Cawley introduced the following Order. Councillor Martineau moved Finance Committee evaluate all dept. that the Order be tabled. The motion was defeated. The Order was adopted. budgets ORDERED: That the Finance Committee undertake to evaluate the current depart- mental budgets. Said evaluation to at least include: A. Multiplying the total departmental salaries account and expenses account by 1/3 (one third) . B. Comparing the above determined product to that amount of ironies actually spent as of November 1, 1978 by the depar hent. C. In any case where the above determined product and the monies actually spent are different by more than 5% (five percent) of the above determined product, the Finance Committee shall satisfy itself that the monies spent were so spent in accord with budgetary procedures acceptable to the Committee. BE IT FURTHER ORDERED: That the Finance Committee report back the findings of its budgetary evaluation no later than January 1, 1979. 907 (685) Councillor Usovicz offered the following report for the Committee on Personnel Ordinance Est. positi Asst. Planning Dir and Salaries. It was voted to accept the report. Adoption of the recommendation was so voted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Centorino, Daly, Lovely, Martineau, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, Nowak, and Rochna were recorded as voting in �1 the negative. The Committee on Personnel & Salaries to whom was referred an ordinance to amen an Ordinance relative to the Planning Department, Article III, Division I, Chapter 19, has considered said matter and would recommend adoption in the form of substituting the following Ordinance for second and final passage as amended by the Committee. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to the Planning Department, Article III, Division I, Chapter 19. fi :J OCTOBER 26, 1978 Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 19, Section 38, Division I of the Code of Ordinances of the City of Salem is hereby amended by deleting Section 19-38 in its entirety and inserting in plac thereof the following: Section 19-38. Established; purpose. A planning Department is hereby established in the City. Such department shall advise and assist in the administration of municipal functions and responsibilities in the field of City planning, shall coordinate efforts directed toward the future development of the city,. shall coordinate the implementation of all grants directed toward the future development of the city, and shall plan its continued improvement, consistent with its physical, social, and economic conditions and resources. Section 2. Chapter 19 is hereby further amended by adding the following new sections. Section 19-44. Same - General duties Consistent with the general purpose of section 19-52, the assistant planning director shall have the following specific duties: (a) Determine the need for grants in the city, and work with the appropriate authorities, the City Council, boards, or departments, arrive at a priority listing for these grants, this listing must be updated. (b) March this priority listing of needed grants with existing or proposed grants programs from local, state or federal sources; (c) Either prepare or where appropriate assist in the preparation of all grant applications so as to maximize the leveraging,of funds; (d) Work with appropriate local, state and federal granting agencies in their review of grants applications, and provide any additional information or follow-up as necessary; (e) Prepare a monthly report which details the status of each grant application made, also detail action (s) to be taken on subsequent grants, which are to be made available to each city councillor. (f) Maintain a library of all grants applications and other records that are im- portant to the grants program in Salem. Section 19-45. Same - Performance Standards The Assistant City Planner shall be required to generate in the form of new grant monies, sums in excess of his/her salary in any, given term. Failure to do so would ther require a review of work performed by the City Planner. Said review shall be in writin and shall be forwarded to the City Council and the Mayor and the failure to so generate semis in excess of his/her salary may constitute a basis for dismissal. section 19-46. Status,of,Position The position of Assistant.City Planner shall not be subject to Civil Service Rules and Regulations and shall not constitute a position governed by Massachusetts General Laws Chapter 31. OCTOBER 26, 1978 f7 CU Section 3. This Ordinance shall take effect as provided by City Charter. 70rdin- (699) Councillor Centorino offered the following report for the CoUrAtteolution endorsing ssification amend- ances & Legal Affairs. It was voted to accept the report. Adoption of the recarmen- ment dation was so voted by a roll call vote of 10 yeas, 0 nays, 0 absent, 1 "present". Councillors Centorino, Daly, Grace, Lovely, Martineau, McCabe, Nowak, Rochna, O'Keefe, and Usovicz were recorded as voting in the affirmative. Councillor Cawley was recorded as voting "present". The Committee on Ordinances & Legal Affairs to wham was referred the matter of a resolution endorsing Question #1 which is to appear on the Massachusetts ballot in the November 7 statewide election, the "so called" Classification Amendment, has considered said matter and would recommend that the resolution be adopted. 909 Councillor Usovicz offered the following report for the Committee on Realign- Realignment of Precinct ment. It was voted to accept the report. The Committee on realignment to whom was referred the matter of equalizing the population in the city's wards and precincts has considered said matter and would recommend adoption of the City's precinct lines as referred to on the attached map along with the numerical changes in the ward. Councillor Usovicz moved for a five minute recess at 9:30 P.M. so the Councillors could look over the map. It was so voted. The Council reconvened at 9:35 P.M. Councillor Martineau moved that the matter be tabled. The motion was defeated by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Grace, Martineau, McCabe, Nowak, and Rochna were recorded as votin in the affirmative. Councillors Centorino, Daly, Lovely, O'Keefe, Usovicz, and Cawley were recorded as voting in the negative. Councillor O'Keefe moved the question. It was so voted. Councillor Lovely moved for immediate reconsideration of the prior motion to move the question. Reconsideration was so voted. Councillors Daly and O'Keefe were recorded as opposed. The matter of realignment was now before the Council again. Councillor Nowak amended the Committee report by stating that the combined Wards One and Two should be called Ward One, not Ward Two, as shoran on the map. He stated that historically Ward One was the first ward in Salam and should remain that way. The Amendment was adopted by a roll call vote of 7 yeas, 3 nays, 0 absent, 1 "present". Councillors Centorino, Grace, Martineau, McCabe, Nowak, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Lovely, O'Keefe, and Usovicz were recorded as voting in the negative. Councillor Daly was recorded as voting "present". fir % OCTOBER 26, 1.978 Councillor Lovely moved the question. .The motion was defeated by a roll call vote of 4 yeas, 7 nays, 0 absent. Councillors Centorino, Daly, Lovely, and O'Keefe were recorded as voting in the affirmative. Councillors Grace, Martineau, McCabe, Nowak, Rochna, Usovicz, and Cawley were recorded as voting in the negative. Councillor Daly called Councillor Grace to order. Councillor Grace challenged Councillor Daly's call. The challenge was upheld. Councillor McCabe assumed the chair for Councillor Cawley. Councillor Usovicz amended the Committee report by naming the Wards A,B,C,D,E,and F. The amendment was defeated. Councillor Usovicz moved the question. Councillor Usovicz requested and received unanimous consent to withdraw his motion. Councillor Cawley resumed the Chair. Adoption of the recommendation of the Committee report as amended was so voted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Centorino, Daly, Lovely, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, Martineau, McCabe, Nowak,, and Rochna were recorded as voting in the negative. Councillor Usovicz moved for immediate reconsideration hoping it would not prevail Reconsideration was denied. (855) 910 Appr. Teachers' Payroll Councillor Martineau offered the following report for the Committee on Finance. It was voted to accept the report. The Committee on Finance to whom was referred the appropriation of $471,134.00 frou the "Surplus Revenue" Account to the "Teachers' and Administration Payroll" Account has considered said matter and would recommend that the appropriation be granted. Councillor Usovicz moved to divide the question and remove the twenty-seventy name of the seventh page. Councillor Usovicz requested and received unanimous consent to withdraw his motion. Adoption of the recommendation was so voted. Councillor Centorino was recorded as voting "present". Councillor Usovicz moved for immediate reconsideration hoping it would not prevail Reconsideration was denied. 911 Vandalism Report The Vandalism report from the Public Property Department for the Month of septenbel was received and filed. 111� 912 Need for sidewalks A communication was received from Safety Officer Anthony Pierro relative to Valley St. the need for sidewalks on Valley Street for school children. Councillor Grace moved that the matter be referred to the City Engineer for an approximate cost estimate and layout, and that the layout be extended to Cherry Hill Avenue, and that he report back before the second meeting in November. It was so voted. OCTOBER 26, 1978 F� A resolution was received from the Redevelo 913 gment Authority relative to ideas- Resolution} Heritage Plaza West Project & tifying Heritage Plaza West Urban Renewal Project, and requesting Council endorsement requesting Council of said project. Councillor O'Keefe moved that the matter be referred to the Committee Approval on Community DevelopTient. It was so voted. 14 A communication was received from Mr. F. H. Pokorski relative to Comparison Comm, from F. H. Pokorski re: Comparisor Schedules. On the motion of Councillor O'Keefe, the conmmication was received and Schedule filed. 915 The Taxi Operator Application of Robert P. Luz, 80 Fairview Avenue, Peabody, Taxi Operator Appl. was referred to the Committee on Licenses & Permits. The Drainlayer application of Mr. Sohn A. 916 Granese, 56 Hillside Avenue, E. Lynn, Drainlayer Appl. Mass. , was referred to th e Special Committee on Drainlayers. John Granese 917-918 The following Claims were referred to the Committee on Ordinances and Legal Claims Affairs. Marie L. Jeffery, 35 Leach Street, Salem Arthur Pelletier, 18 Pingree Street, Salem 919-920-921 The following Bonds were referred to the Comu ttee on Rules and Bonds and Bonds Returned approved. Drainlayer Bond - William Linskey, 8 Loring Avenue, Salem Drainlayer Bond - John A. Granese, 56 Hillside Avenue, E. Lynn Sign Bond - Philip Litman, 49 Bridge Street, Salem (866) The matter of second and final passage of an Ordinance amending Traffic, Sectici Ordinance Traffic s.1C;. 10, One Way Street, Beaver Street from Silver Street to Grove Street, was then taken One Way St. Beaver St. up. On the motion of Councillor Grace, the Ordinance was adopted for second and final passage. (861) The matter of second and final passage of an ordinance amending Traffic, Ordinance Traffic S.51 Park. Prohib. Putnam Section 51, Parking Prohibited, Putnam Street, was then taken up. Councillor Grace St. moved that the matter be tabled. It was so voted. (863) The matter of second and final reading of an Order amending Rules and Orders Second Reading Amend Council Rule S. 16 of the City Council, Section 16, each nEmber allowed three (3) minutes to address an issue, was then taken up. Councillor Lovely moved that the matter be laid on the table. It was so voted. (750) The matter of reconsideration of an amendment to restore $40,250.00 for the Reconsideration of $40,250.00 Police Purchase of Police Vehicles was then taken up. Councillor McCabe moved for reconsid- Vehicles Appr. rr, eration. Councillor McCabe then requested and received unanimous consent to withdraw his motion. The matter is not before the Council. OCTOBER 26, 1978 on the motion of Councillor Daly, the meeting adjourned at 10:15 P.M. A'T'TEST: JOSEPHINE R. FUSCO CITY CLERK E E NOVEMBER 9, 1978 REGUIAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 9, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 3, 1978 at 10:33 A.M. There was no one absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. 922 The Mayor's reappointment of Mr. Vincent J. Fufaro as a member of the Market Reappt, Vincent Fufaro Market Area Management Area Management Commission for a term expiring November 1, 1981, was confirmed by a Conu ission unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Grace requested and received unanimous consent to go to "Unfinished Business" to take up the matter of the Mayor's appointment of Mr. Raymond Tetrault. (886) The Mayor's appointment of Mr. Raymond H. Tetrault, Jr. , as a member of the Appt. Raymond H. Tetrault, Jr. Market Market Area Management Commission for a term expiring November 1, 1979, replacing Mr. Area Management Comm. Donald Wagoner who resigned, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. 923 The following Order, recommended by the Mayor, was referred to the Comnittee Appr. Salem Willows on Finance. Band Concerts ORDERED: That the sine of Eight Hundred Ninety-Four Dollars ($894.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Salem Willows-Band Concerts" Account in accordance with the recommendation of His Honor the Mayor. Councillor Rochna requested and received unanimous consent to go to "Unfinish Business" to take up the matter of the Mayor's appointment of Mr. Jean B. Marquis. (888) The Mayor's appointment of Mr. Jean B. Marquis as a member of the Council Appt. Mr. Jean P. Marquis Council on on Aging for a term expiring October 1, 1981 was confirmed by a unanimous roll call Aging vote of 11 yeas, 0 nays, 0 absent. 924 The following Order, recommended by the Mayor, was adopted. Councillor Grace Appr. Dog Constable Payroll was recorded as voting "present". ORDERED: That the sum of Eight Hundred Forty-Eight Dollars and Seventy-Eight Cents ($848,78) be and the same is hereby appropriated frau the "Surplus Revenue" Account to the "Dog Constable - Payroll" Account in accordance with the recommendation os His Honor the Mayor. NOVEMBER 9, 1978 925 Ordinance adding to The following Ordinance, recommended by the Mayor, was adopted for first passage title of City Engineer "Director of Public by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Centorino, Daly, Grace, Services" Lovely, Martineau, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Nowak and Rochna were recorded as voting in the negative. In the year one thousand nine hundred and seventy-eight- An Ordinance to amend an Ordinance relating to the classification and salary sche- dules of certain employees of the City of Salem. Be it ordained by the City Council of the City of Salon, as follows: Section 1. The Ordinance relating to the classification and salary schedules of certain employees of the City of Salem effective July 1, 1978, is hereby amended by adding to the title "City Engineer" under Job Group 50 - Special Category - the following" and Director of Public Services", so that it now reads, "City Engineer and Director of Public Services" Section 2. This Ordinance shall take effect as provided by City Charter. Ordinance Amending 926 The following Ordinance, recommended by the Mayor, was adopted for first passage Salary Classification Job Group 50 Assistant by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Centorino, Daly, Lovely, Planning Director Martineau, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirma- tive. Councillors Grace, Nowak, and Rochna were recorded as voting in the negative. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Salary and Classification Schedule of certain City Employees effective in the City of Salem January 1, 1978. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Job Group 50 Special Category - is hereby amended by adding the following position. "Assistant Planning Director" Annual Salary $15,000.00 Section 2. This Ordinance shall take effect as provided by City Charter. 927 Mayor requesting CounciL A Communication was received from the Mayor requesting the City Council approve approval of Traffic Control Agreement a Traffic Control Agreement for lights at the intersection of Lafayette and New Derby Lafayette & New Derby Streets Streets. Councillor Grace moved to waive the reading of the' commniication. It was so voted. The Communication was received and filed. Constable 928 The Mayor's reappointment of Mr. Alfred F. Masse as a Constable in the City of V Salem for one year beginning November 15, 1978 was received and filed. E VETO - Realignment A Veto was received from the Mayor after the deadline of Tuesday Noon, relative to realignment. Councillor McCabe moved for suspension of the Rules. Councillor Usovicz objected. The matter was not before the Council. (See next meeting Co[[mmications from the Mayor) N9VE211BER 9, 1978 Councillor Usovicz introduced the following Order which was ado ted. 929 P Director Public Works ORDERED: That the Director of Public works secure the necessary monies and mater- Crmaonskating rink Sal ials to erect a family skating facility on the Salem Common for the coming winter seas Councillor Usovicz introduced the following Order. 930 f-A Realignment Comm. be J u ORDERED: That the City Council Committee on Realignmentincreased by one be increased by one (1) member to a total number of six (6) . Said member to be the Mayor or his designee having the status of a non-voting member and acting in an advisory capacity. Councillor McCabe assumed the chair for Councillor Cawley. Councillor Cawley resumed the Chair. The Order was tabled by a roll call vote of 6 yeas, 4 nays, 1 "present". Councillors Lovely, Martineau, Nowak, O'Keefe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Centorino, Grace, McCabe, and Usovicz were recorded as voting in the negative. Councillor Daly was recorded as voting "present". 931 Councillors Martineau, McCabe, and Nowak introduced the following Order which was Pres. appt. 3 member adopted. Committee meet with META Officials ORDERED: That the Council President appoint a Special three (3) member Committee to meet with the officials of the META and review their proposal to eliminate certain bus runs in the City. Council President Cawley appointed Councillors Martineau, McCabe, and Nowak as the three member committee. 932 Councillor McCabe introduced the following Order which was adopted. Planner, Build. Inspec. & Bd. of Appeal review ORDERED: That the Council Committee on Ordinances & Legal Affairs review the Sign Ordinance Operation and working of the City's Sign Ordinance with the City Planner, Building Inspector, and Board of Appeal and report their findings and recommendations to the Council for action. 933 Councillor McCabe introduced the following Ordinance which was adopted for first Ordinance Traffic S. 17A passage. Penalties Add Sec. 74 In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Schedule of Fines-Penaltie ) Be it ordained by the City Council of the City of Salem, as follows: J Section 1. Chapter 15, Section 17A is hereby amended by adding the following under the Section $5.00 fines. "Section 74 - General Prohibition - Towing zones" Section 2. This Ordinance shall take effect as provided by City Charter. 934 Councillor McCabe introduced the following Order which was referred to the Comn-• Accept. Ch. 89 Sec. 8 of Mass. Gen. Laws ittee on Municipal Services. S ,�t3 NOVEMBER 9, 1978 ORDERED: That the City of Salm hereby accepts the provisions of Massachusetts General Law Chapter 89, Section 8 as most recently amended in relation to regulating right turn on red at the sig nalized intersection, as follows: A city or town, or the departmnent, on ways under their control, may erect and maintain signs permitting an operator of a motor vehicle facing a steady red indication in a traffic control signal to cautiously enter an intersection to turn right or to turn left from a one-way street into a one-way street, after stopping, unless otherwise directed by a police officer. Such operator shall yield the right of way to pedestrian lawfully within an adjacent crosswalk and to other traffic lawfully using the intersec- tion. Any rule, regulation, order, ordinance or by-law made by a board of officer of a city or town permitting such turns shall be subject to the provisions of section two of chapter eighty-five. 935 Speed survey Barstow St. Councillor McCabe introduced the following Order which was adopted. ORDERED: That the Police Traffic Division request the Massachusetts Department of Public Works Traffic Division to survey Barstow Street to reduce the speed limit to 25 miles per hour. (818) 936 Ater. $10,000.00 Councillor Martineau offered the following report for the Comttni.ttee on Finance. lice Court Overtime It was voted to accept the report. f i The Committee on Finance to whom was referred the appropriation of $10,000.00 I ' i from the "Surplus Revenue" Account to the "Police Department Court Overtime" Account I . has considered said matter and would recommend that the appropriation not be granted. Councillor Centorino moved that the appropriation be tabled. It was so voted. i Councillor Rochna was recorded as opposed. 937 Granting certain Councillor Grace offered the following report for the Committee on Licenses & Licenses Permits. It was voted to accept the report and adopt the recommendation. The Commmittee on Licenses & Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted. TAXI OPERATOR Robert P. Luz, 80 Fairview Avenue, Peabody, Mass. (835) 938 Security and Guard Dog Ordinance First Pass. Councillor Centorino offered the following report for the Committee on Ordinances and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on ordinances & Legal Affairs to whom was referred an Ordinance to regulate ownership and use of security and guard dogs has considered said matter and would recommend that the Ordinance be adopted for first passage in the attached form. i 4 NOVENIDER 9, 1978 In the year one thousand nine hundred and seventy-eight 9338-A Security �J Ordinance An Ordinance to regulate ownership and use of s7alem,ity and guard dogs. Be it ordained by the City Council of the City as follows: Section 1. Any dog used primarily for the purpose of securing and protecting real or personal property which is open to the Public access at any time, shall comply with all the following: a) Such dog shall be registered with the City Clerk in accordance with Massachus- etts General Laws, Chapter 140, Section 137 and 137A. b) Such dog shall be kept within a closed-in area at all times when such prop- erty is open to public access or during business hours. Such closed-in area will consist of a fence at least six feet high with a fence covering and a locked gate and/or within a locked room if in a business establishment. c) All areas secured or protected by a security or guard dog or dogs shall be posted in such thorough manner as to give adequate notice to the public. (Beward of Guard Dog, etc.) Section 2. No person/business shall harbor a security dog or guard dog unless he has obtained a Security Dog Kennel Permit. a) Such permit will be issued by the Salem City Clerk at no fee upon written certification by the Dog Constable that such business or person has complied with all the guidelines of this Ordinance. Such permit may be revoked by the Police Marshal upon evidence of violation of the provisions of this Ordinance. b) The City Clerk shall provide the Fire Chief and Police Marshal with a copy of the Security Dog Kennel Permit. c) The Security Dog Kennel Permit shall specify the location at which the dog is licenses to be located and no transfer or relocation of the duly licensed guard/security dog shall be permitted without the approval of the Dog Constable. d) Any business or private resident harboring a security dog shall upon the request of the Dog Officer or any Police Officer allow him to enter and inspect the kennel area where such dog is licensed to be harbored. e) Failure to comply with any section of this ordinance will result in a $50.00 j� fine for each day of such violation. Section 3. This Ordinance shall take effect as provided by City Charter. �7 939 (913) Councillor O'Keefe offered the following report for the Committee on Coinunity Resolution defining Development. It was voted to accept the report. Heritage Plaza West The Committee on Cormunity Development to whom was referred a Resolution of the Salem Redevelopment Authority defining a proposed urban renewal area commonly referred to as Heritage Plaza West has considered said matter and would recommend that the City Council resolve to define the following area to be a deteriorated area appropriate for an urban renewal project: i 633 NOVEMBER 9, 1978 "Beginning at the northeasterly corner of the urban renewal area, said point of land being southwesterly of the intersection of Bridge and Washington Streets; Thence continuing south dawn the westerly side of Washington Street to the intersection of Washington and Norman Streets; Thence continuing westerly down the northerly edge of Norman Street to the intersection of Norman and Summer Streets; Thence continuing north to the easterly edge of North Street to the intersection of North Street and the access ramp into Bridge Street; Thence continuing northeast along the easterly edge of the access ramp to the inter- section of the ramp and Bridge Street; with the addition of land parcels numbered 408, 24 and 26 as designated on the City of Salem Assessors' Map; Thence continuing east along the southerly edge of Bridge Street to the point of begin- ning. Councillor O'Keefe moved that the resolution be referred back to the Committee for further study with the Planning Department, the Redevelopment Authority, and the Telephone Company. It was so voted. Councillor McCabe assumed the chair for Councillor Cawley. (564) 940 Commission to Study Councillor Cawley offered the following report for the Commission to study Civil Civil Service Service. It was voted to accept the report and adopt the recommendation. Councillor Martineau was recorded as opposed. The Council Commission on Civil Service to whom was referred the matter of the Mayor's Ordinance and Petition to allow the City of Salem to withdraw from Civil Servic has considered said matter and would recommend that the Commission's reporting date be extended from November 15, 1978 until February 1, 1979 contingent upon the Mayor meetin with the Comnission. Should the Mayor not meet with the Ccmmnission to explain exactly his reasoning, the Commission shall pass from existance on February 1, 1979 without a report. (897) 94 Resolution Title to Councillor Centorino offered the following report. for the Committee on Ordinances Winter Island and Legal Affairs. It was voted to accept the report. The Committee on Ordinances and Legal Affairs to whom was referred a resolution regarding the execution of an agreement between the City and the Plummer Home for Boys settling the question of the title to Winter Island as between the City and the Plimmer hone has considered said matter and would recomlend that the resolution be adopted. Councillor Martineau assumed the Chair for Councillor Cawley. Councillor Cawley amended "That the Mayor is also asked to consider a redesignation of certain Park lands to be used for economic developnent purposes" Councillor Rochna requested unanimous consent to allow Steve Sklover of the Park Commission to speak. Councillor Usovicz objected. NOVEMBER 9, 1978 Fi:3 The amendment was so voted. Adoption of the recommendation was so voted as amended. Councillor O'Keefe, Nowak, and Rochna were recorded as opposed. The resolution shall now read as follows: RESOLVED: BE IT RESOLVED by the City Council of the City of Salem, as follows: WHEREAS, the area of land within the City of Salem commonly known as Winter Island i a valuable natural resource wurthy of preservation for aesthetic and recre- ational enjoyment by the public; and WHEREAS, the state of the title to Winter Island is in doubt; and WHEREAS, the Board of Trustees of the Plummer Hone for Boys has indicated a willing- ness to enter into an agreement with the City of Salem whereby the question of the title to the said property may be resolved as between the Plummer Home and the City provided that the property in question is reserved to the public use and enjoyment; NOW THEREFORE BE IT FURTHER RESOLVED: That it is the sense of the City Council of the City of Salem that such an agreement containing the said restriction accompanied by the appropriate cross-conveyances necessary to accomplish an agreement ought to be executed between the Plummer Hone and the City of Salam and that the Mayor of the City of Salem is hereby requested to take immediate steps to accomplish said agreement, and that the Mayor is also asked to con- sider a redesignation of certain park lands to be used for economic development pur- poses. 942 The Vandalism report for Public Property Department for the month of October was Vandalism report received and filed. 943 A communication was received from the Superintendent of Street ( Secretary of the Supt. of Streets re: drainlayer renewal Examining Board for Drainlayers) relative to approval of a license for John A Granese John Granese 56 Hillside Avenue, Lynn, for drainlayers. Councillor Grace moved that the license be granted. It was so voted. Councillor Nowak was recorded as opposed. 944 The Taxi Operator Application of Kathleen Irving, 8 Laurin Road, Peabody, was Taxi Operator referred to the Committee on Licenses & Permits. I � 945 The Drainlayer Renewal of William F. Haight, r 305 Highland Avenue, Salem, was Drainlayer Renewal referred to the Special Committee on Drainlayers. William Haight 946 The Claim of A. Lerner, 5 Lawnbank Road, Beverly, was referred to the Committee Claim on Ordinances & Legal Affairs. 947 The Sign Bond of Bismillah, Inc. , d/b/a Chuck's Steak House, 5-9 Derby Square, Sign Bond Salem, was referred to the Committee on Rules and Bonds and returned approved. i i EiJ NOVEMBER 9, 1978 (765) Second Passage Ordinana The matter of second and final passage of an Ordinance establishing a Council for Council for Physically Handicapped the Physically Handicapped was then taken up. The Ordinance was adopted for second and final passage. (867) Ordinance Traffic S. 49 The matter of second and final passage of an Ordinance amending Traffic, Section Isol. Stop Sign -Colby St. & Highland Av .49, Isolated Stop Signs at Colby Street at Highland Avenue, and Circle Hill Road at Circle Hill Rd. & Gall Hill Rd. Gallows Hill Road was then taken up. The Ordinance was adopted for second and final passage. (901) Ordinance Traffic S. The matter of second and final passage of an Ordinance amending Traffic Sec. 51B 57A Park Limited Margin Street Parking Prohibited Margin Street, was then taken up. Councillor Lovely amended to delete section 51B and insert section 57A. The amendment was so voted. The Ordinance was adopted for second and final passage as amended, so the Ordinance shall now read as follows: In the year one thousand nind hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to traffic. (Parking Time Limited; Unmetered Zones) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51B is hereby amended by deleting the following: Margin Street, for a distance of forty-four (44) feet, in a southerly direction from High Street, westerly side, thirty minute parking. and inserting in Section 57A the following: Margin Street, westerly side, beginning at the intersection of High Street and extending in a southerly direction for a distance of 148' (feet) 30 minute parking. Section 2. This Ordinance shall take effect as provided by City Charter. (903) Ordinance Traffic S. The matter of second and final passage of an Ordinance amending Traffic, section 51B Park. Prohib. Jefferson Ave. 518, Parking Prohibited Jefferson Avenue, was then taken up. The Ordinance was adopted for second and final passage. (904) Ordinance Traffic S. The matter of second and final passage of an Ordinance amending Traffic, section 51B Park. Prohib. Essex St. 51B, Parking Prohibited, Essex Street, was then taken up. Councillor Lovely amended the Ordinance by deleting section 5113 and inserting 57A. The amendment was so voted The Ordinance was adopted for second and final passage as amended so it shall now read as follows: In the year one thousand nine hundred and seventy-eight ` An Ordinance to amend an Ordinance relative to Traffic (Parking Time Limited; Unmetered Zones) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51B is hereby amended by deleting the following: NOVEMBER 9, 1978 fig "Essex Street, for a distance of thirty-five (35) feet in a southwesterly direction from Flint Street" and inserting in Section 57A the following: "Essex Street, southerly side, beginning at the intersection of Flint Street and extending in a westerly direction for a distance of 78' (feet) 15 minute parking. Section 2. This Ordinance shall take effect as provided by City Charter. The matter of reconsideration on the vote taken relative to rescheduling the (898)Reschedule Nov. 23 mtg. November 23, 1978 meeting of the City Council was then taken up. Councillor Grace moved for reconsideration. It was so voted. Councillor Grace amended that the meetin be scheduled for Monday, November 20, 1978 at 8:00 P.M. It was so voted. Councillor Martineau was appointed to draw four (4) jurors for the Salem Superior Jurors at Lawrence Court December 4, 1978 sitting at Lawrence. 1. Arthur F. Doyle, 26 Columbus Avenue, Oil Blender 2. Maurice E. Bouchard, 78 Moffatt Road, Self-employed Carpenter 3. Anna Ranson, 50 Osgood Street, R.E. Broker 4. David Race, Sr. , 2 Bow Street, Security Guard Councillor Usovicz was appointed to draw six (6) jurors for the Salem Superior Jurorsat Salem Court Decanber 4, 1978 sitting at Salon. 1. John D. LaPorte, 16 Hemenway Road, Manager 2. James F. Callahan, 55 Linden Street, Office Supervisor 3. Rita M. DeSantis, 18 E. Collins Street, President 4. Mary M. Demers, 18 Silver Street, Accounting Clerk 5. Joan E. Ferriera, 39 Ocean Avenue, Housewife 6. Lucille E. Jenkins, 11 Barton Street, Housewife On the motion of Councillor Centorino, the meeting adjourned at 9:50 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK NOVEMBER 20, 1978 A Regular Meeting of the City Council was held in the Council Chamber on Monday, November 20, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on Thursday, Novenber 16, 1978 at 2:41 P.M. Councillor Martineau was absent. President Leonard A. Cawley, Jr. presided. Councillor O'Keefe moved to dispense with the reading of the record of the previous meeting,. It was so voted. Councillor Lovely welcomed three Boy Scouts from Troup 83. 948 Appr. Police Salaries The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the simt .of Two Hundred Fifty Four Thousand Twenty Five Dollars and Twelve Cents ($254,025.12) be and thesameis hereby appropriated from the "Surplus Revenue" Account to the "Police - Salaries" Account in accordance with the reconmendati n of his honor the Mayor. 949 Appr. Public Works The following Order, recommended by the Mayor, was adopted under suspension of the Garage Construction Communications rules. ORDERED: That the sine of Twenty Five Thousand Dollars ($25,000.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Public Works Garage Construction - Commmnications" Account in accordance with the recommendation of His Honor the Mayor. 950 Appr. Planning Dept. The following Order, recommended by the Mayor, was referred to the. Committee on Salaries Finance. ORDERED: That the sum of Seven Thousand Five Hundred Dollars ($7,500.00) be and th- same is hereby appropriated from the "Surplus Revenue" Account to the "Planning Depart- ment Salaries" Account in accordance with the recomiendation of His Honor the Mayor. 951 Appr- Water Department The following Order, recommended by the Mayor, was adopted under suspension of the Salaries rules. ORDERED: That the sum of Three Thousand Three Hundred Sixty Dollars and Ninety Six Cents ($3,360.96) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Water Department Salaries" Account in accordance with the recomnendarion of His Honor the Mayor. 952 Appr. Health Division The following Order, recommended by the Mayor, was referred to the Committee on Community Health Bills Finance. ORDERED: That the sum of TWO Thousand Five Hundred Dollars ($2,500.00) be and the same is hereby appropriated fron the "surplus Revenue" Account to the "Health Division of Coimunity Health Bills" Account. NOVEMBER 20, 1978 ii xo The following Bond Order, reconnezded by the Mayor, was ado 953 pled for first passage Bond Order-First Passag by a unanimous roll call vote of 10 Phase III Sewer Project yeas, 0 nays, 1 absent. Councillors Centorino, Daly, Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was absent. BOND ORDER ORDERED: That the sum of three hundred thousand dollars ($300,000) is hereby appro- priated for engineering and constructing connections to the South Essex Sewer District Interceptors and other sewer improvements which constitute Phase III of the City of Salem's sewer rehabilitation program. Said sum is to be used for the local share in conjunction with state and federal grants for treatment work. And be it further ORDERED: That the City Treasurer, with the approval of the Mayor, is authorized to borrow three hundred thousand dollars ($300,000) under General Laws Chapter 44 #7 Section 1 as amended. 954 The following Ordinance, recommended by the Mayor, was referred to the Committee Ordinance amending Historic Commission and on Ordinances & Legal Affairs. Districts adding two al In the year one thousand nine hundred and seventy-eight ternate members An Ordinance to amend an Ordinance, Article IV, Historical Commission and Histo- rical District, Section 19-63. Establishment and composition of conmission. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 19-63 of the Salem Cade of Ordinances is hereby amended by adding at the end of said section thereof, the following: "and two alternate members serving for terms of two (2) years with the first alternate n"mber appointed to a one (1) year term. Alternate members to be appointed by the Mayor, subject to confirmation by the City Council in accordance with Massach- usetts General Laws Chapter 40C, Section 4." Section 2. This Ordinance shall take effect as provided in City Charter. 955 The following Veto was received from the Mayor. Councillor Usovicz moved to VETO: Realignment of waive the reading. It was so voted. No action for seven days under the rules. City's Wards & Precin Ladies and Gentlemen of the Council: I return to you DISAPPROVED Order No. 909: In the matter of Equalizing the population in the City's Wards and Precincts. Let me begin by affirming my belief in the urgent necessity for ward realignment in Salem. To Councillor Usovicz and his special catmittee, who have worked with diligence and dedication on this important issue, I offer my comnendations on their daring final proposal. However, I must voice my one serious objection to the realign- ment plan, that being the elimination of one Ward Councillor. Having personally served as a Ward Councillor for a period of thirty-nine months, h l NOVEMBER 20, 1978 I am familiar with the degree of work involved in the position. Expecting each Ward Councillor to conscienciously serve over 6000 constituents is excessive and unrealistic I am please to note that, from the vote of the City Council, most of the Ward Councillo s concur in that judgment. I feel it is imperative that we retain the seven-ward concept in Salam, in order to preserve the personal relationship established between the con- stituent and his ward representative. I look forward to reviewing a realignment proposal continuing seven wards in the City of Salem. Very truly yours, s/JEAN A. LEVESQUE MAYOR 956 Meet w/ Mass. D.P.W. A Communication was received from the Mayor inviting the Council to attend a meet' g re: Salem Peabody Conn- ector Road with the Massachusetts Department of Public Works relative to the Salem-Peabody Connec- tor Road. The meeting is to be held on Tuesday, November 21, 1978 at 7:00 P.M. at One Salem Green. The Communication was received and filed. 957 "Constable The Mayor's reappointment of Mr. Leo Caruso as a Constable for one year effective December 1, 1978 was received and filed. 958 Appr. Engine #5 Boiler The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Rochna moved to suspend the ruled in order to take up the matter. There were no objections. The Order was adopted under suspension of the rules. ORDERED: That the sum of Three Thousand Seven Hundred Eighty Dollars ($3,780.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Engin Company #5 Boiler" Account in accordance with the reconmendation of His Honor the Mayor. The Council ruled that this matter was not declared an emergency matter, therefore, the item must go out for bid. The Clerk is to notify Public Property Department of this. Councillor Grace was recorded as opposed. 959 Supt. Public Property Councillor O'Keefe introduced the following Order which was adopted. ' secure Fort Pickering ORDERED: That the Superintendent of Public Properties take immediate action to secure the grounds at Fort Pickering from misuse and vandalism, in particular, from passage by motor vehicles. BE IT FURTHER ORDERED: That the Superintendent prepare a report on vandalism as it relaties to Fort Pickering with reconmendations for a solution to that recurring problem and that said report be completed within thirty (30) days and forwarded to the City Council. 960 President set hearing Councillor Centorino introduced the following Order which was adopted. date re: Occupancy Permit ORDERED: That the Council President set a Public Hearing on the matter of the Occupancy Permit. NOVEMBER 20, 1978 7President 1 Councillor Nowak introduced the following Order which was adopted. cel December 28 mtg. ORDERED: That the December 28, 1978 meeting be cancelled and that the call a Special Meeting if needed. 962 Councillor Daly introduced the following Ordinance which was adopted for first Traffic Ordinance Sec. ' 51-51B-57A-74 passage. Misc. Streets In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51 (Parking Prohibited on certain streets) is hereby amended by deleting the following" Pacific Street, easterly side, from Charles Street for 150 feet in a northerly direction. West Avenue, easterly side. West Avenue, westerly side, from a point beginning fifty feet from Lafayette Street in northerly direction. West Avenue, westerly side, from Lafayette Street extending for fifty feet in a norther- ly direction, 15 minute parking. Section 2. Chapter 15, Section 51B (Parking Prohibited at certain times on certain streets) is hereby amended by deleting the following: Lafayette Street, easterly side, between Savoy Road and the Marblehead Line from 6:00 A.M. to 8:00 P.M. Lafayette Street, easterly side, from Savoy Road to West Avenue fron 6:00 A.M. to 8:00 P.M. Lafayette Street, easterly side, from West Avenue, in a northerly direction for a distance of one hundred and eighty feet (180) fifteen minute parking limit from 8:00 A.M. to 10:00 P.M. Loring Avenue, northwesterly side, from Lafayette Street to Broadway, Monday through Saturday, from 8:00 A.M. to 8:00 P.M. Section 3. Chapter 15, Section 51 (Parking Prohibited on certain streets) is hereby amended by adding the following: Lafayette Street, easterly side, beginning at the intersection of West Avenue, and extending in a northerly direction for a distance of 30 feet. West Avenue, both sides. Section 4. Chapter 15, Section 57A (Parking Time Limited: Unmetered Zones) is hereby amended by adding the following: Lafayette Street, easterly side, beginning at a point 30 feet from the intersection of West Avenue and extending in a northerly direction for a distance of 150 feet, fifteen minute parking from 8:00 A.M. to 10:00 P.M. Section 5. Chapter 15, Section 74, (Taw Zones) is hereby amended by adding the follow- ing Streets: NOVEMBER 20, 1978 Lafayette Street, easterly side, beginning at the intersection of West Avenue, and f extending in a southerly direction for a distance of 166 feet. Tow Zone Lafayette Street, easterly side, beginning at a point 166 feet south of the intersectio of West Avenue and extending to the Marblehead line. No Parking December 1 through April 1, Monday through Friday. Loring Avenue, northerly side, from the intersection of Lafayette Street and extending in a southwesterly direction of the intersection of Linden Street. Loring Avenue, northerly side, from the intersection of Linden Street and extending in a southwesterly direction to the intersection of Broadway, No Parking December 1, through April 1, Monday through Friday. Pacific Street, easterly side, starting at a point 327 feet from the intersection of Charles Street and extending in a northwesterly direction for a distance of 65 feet. Section 6. This Ordinance shall take effect as provided by City Charter. .Traffic Ordinance 963 Councillor Usovicz introduced the following Ordinance which was adopted for first � Park. Prohib. Webb St. passage contingent upon receipt of the recommendation from the Police Traffic Division. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited at certain times on certain streets.) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 51B is hereby amended by adding the following: "Webb Street, southerly side, for a distance of 40 feet beginning at the corner of Andres Street in an easterly direction, 15-minute parking." Section 2. This Ordinance shall take effect as provided by City Charter. (771 of 1977) 964 Reducing Police Liets. Councillor Centorino offered the following report for the Committee on Ordinances from (7) to (6) and Legal Affairs. It was voted to accept the report. Adoption of the recommendation was voted by a roll call vote of 6 yeas, 4 nays, 1 absent. Councillors Centorino, Daly, Nowak, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, Lovely, McCabe, and Rochna were recorded as voting in the negative. Councillor Martineau was absent. The Ordinance was adopted for second and final passage. Councillors Nowak and Lovely were recorded opposed. The Committee on Ordinances and Legal Affairs to whom was referred an Ordinance to change the composition of the Police Department of the City of Salem has considered said matter and would recmmtend that the Ordinance be adopted for second passage reducing the number of Lieutenant positions in the Police Department from seven to Six. I NOVEMBER 20, 1978 a Councillor Centorino offered the 965 (624) following report for the Conmi.ttee on Ordinances Ordinance Mooring Fees and Legal Affairs. It was voted to accept the report. In the year one thousand nine hundred and seventy-eight An Ordinance to amend an Ordinance relating to boats and waterways. Be it ordained by the City Council of the City of Salm, as follows: Section 1. Chapter 6 of the Code of Ordinances of the City of Salem is hereby amended I by adding after Section 6-30, the following: Chapter 6, Section 31, Float Permits: No float may be moored in Salem Harbor without a float permit. A float permit shall be issued on a yearly basis and the location, size, and holding equipment shall be under the inspection and control of the Harbormaster. Chapter 6, Section 32, Permit to Anchor or Moor a Vessel: No master, or person, acting as master, owner, custodian or any other person shall moor or anchor any vessel within the limits of Salem Harbor without first obtaining from the Harbormaster a permit to anchor or moor said vessel. This section shall not apply to vessels weighing or measuring twelve feet or less from the stem in a straight line aft to the stern. l Chapter 6, Section 33, Mooring Permit: An applicant requesting a mooring permit shall file an application, therefore, with the Harbormaster, and said application shall contain such information as the Harbormaster may require to determine the adequacy of the mooring and gear to be used by the appli- cant. Upon receipt of the application, the Harbormaster may also require an inspection of said mooring and gear. The Harbormaster shall issue to the applicant a mooring permit designating the mooring location, if, in the opinion of the Harbormaster, said mooring and gear to be used is adequate to secure the boat described and there is space available without endangering other boats. The holder of a mooring permit shall cause his mooring identification number to be painted or attached to the bloat of his or her mooring. Chapter 6, Section 34, Fee for Mooring Permit: The mooring fee for residents of the City of Salem shall be $5.00. The mooring fee for non-residents of the City of Salem shall be a minimum of $10.00 up to 20 feet plus $.50 per foot for each additional foot of length measured from the stem in a straight line aft to the stern. Booms, boomkins, or pulpits are exempt from this measurement. Fees shall be collected before a mooring permit is issued. All fees shall be paid to the City of Salem. A mooring permit must be applied for and obtained annually. Failure to apply between January lst and April 15th will result in the loss of mooring space. No mooring permit shall be transferable and no person shall cause any boat to be attached to any mooring unless said boat is described in the aforesaid application, Provided, however, the Harbormaster may permit the temporary use of a mooring by another 645 NOVEMBER 20, 1978 boat upon application by the holder of the permit. Chapter 6, Section 35, Winter Mooring Buoy: Winter mooring buoy spars shall be upright at. all times. They shall carry the same permit number issued. The winter spars shall be removed the first day of June and shal not be set until on or after the first day of October of each Calendar year. Chapter 6, Section 36, Buoys Visibility: All spars, cans, balls, or styrene or :equivalent chain flotation buoys shall be visible at any tide level. Chapter 6, Section 37, Mooring Examination: It will be the duty of the Harbormaster or his assigned assistants to periodically inspect all pennants and moorings. It found defective, the Harbormaster shall notify in writing the person to wham the mooring permit was issued. . If the person does not correct the defective condition within a reasonable time, the Harbormaster may revoke the permit. This section shall not apply to moorings which are subject to the authorit or control of a duly authorized yacht club. Chapter 6, Section 38, Mooring Information: The Harbormaster shall keep a detailed description of all moorings, their location, and the owner's name, telephone number, home and business address, date mooring was set, name, length, type boat and registration number. Chapter 6, Section 39, Penalties Whoever violates any of the provisions of the eight preceding sections or refuses or neglects to obey the lawful orders of a Harbormaster, or resists him in the execution of his duties, shall be punished by a fine of not more than fifty dollars, and shall be liable in tort to any person suffering damage thereby. Section 2. This Ordinance shall take effect as provided in City Charter. Section 3. This Ordinance shall expire January 1, 1981 unless it shall have been expressly renewed by a vote of a majority of the City Council before said date. Councillor Grace moved that the matter be laid on the table for five minutes. It was so voted. Councillor Grace requested and received unanimous consent to:return to Motions, Orders, and Resolutions. 966 Paa:k Camanission reduce Councillor McCabe introduced the following Order which was adopted. Councillor Parking fee Kernwood Marina Centorino was recorded as "opposed". ORDERED: That the Park Conaission be requested to reduce the "Parking Fee" charged Salem residents at the Kernwood Marina by the amount charged Salem residents as a fee to moor boats in Salem waters. 4 NOVEMBER 20, 1978 646 Councillor Grace moved. .that the matter of Mooring Fees be taken from the Table. It was so voted. Councillor McCabe assumed the Chair for Councillor Cawley. Councillor Cawley requested that the Chairman of the Committee on ordinances and Legal Affairs request that action this evening be taken on first passage rather than second passage. Councillor Cawley moved that the Clerk take steps to provide that the Ordinance ii its current state be advertised. It was so voted. Councillor Nowak was recorded "opposed". Councillor Cawley moved that the matter be tabled until the next Council meeting when second and final passage will be taken up. It was so voted. Councillor Cawley resumed the Chair. 967 (859) Councillor Lovely offered the following report for the Committee on Municipal Traffic Lights Lafayette Services. It was voted to accept the report. & New Derby Sts. The Committee on Municipal Services to whom was referred the matter of a Traffic Control Agreement for a new signalized intersection at Lafayette and New Derby Streets has considered said matter and would recommend unanimously that the City Council -reject the proposed Traffic Control Agreement. Councillor Centorino amended that the comuittee report reflect a favorable reconmendation. The Council recessed at 8:55 P.M. and reconvened at 9:00 P.M. Councillor Cawley ruled Councillor Centorino's amendment out of order. Councillor Grace moved that the matter be laid on the table until the next meetin until Councillor Martineau could speak. Councillor Grace requested and received unanimous consent to withdraw her motion. Councillor McCabe requested and received unanimous consent to allow Mr. James Scanlon from the Planning Department to speak. Adoption of the recommendation of the Comdttee was so voted by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Daly, Grace, Lovely, Nowak; O'Keef_e, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Centorino, McCabe, and Cawley were recorded as voting in the negative. Councillor Martineau was absent. Councillor Nowak moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. 968 (923) Councillor Usovicz offered the following report for the Comnittee on Finance. Appr. Salem Willows Band Concerts It was voted to accept the report and adopt the recamiendation. 6.17 NOVI MER 20, ,1978 The Committee on Finance to whom was referred the matter of an appropriation of $894.00 from "Surplus Revenue" to "Salem willows-Band Concerts" Account has considered said matter and would recommend that the appropriation be granted. 989 Granting certain Councillor Grace offered the following report for the Committee on Licenses and Licenses Permits. It was voted to accept the report and adopt the recamezdation. The Committee on Licenses & Permits to wham was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted. NEW LICENSE TAXI OPERATOR Kathleen Irving, 8 Laurine Road,,,Peabody 970 Comm. fr. Engineer re: A c==itation was received from Mr. Anthony V. Fletcher, City Engineer, submit- extending sewer lines Freeman Rd. ting a cost estimate for extending sewer and water lines on Freeman Road as requested in an October 26, 1978 Council Order. Councillor Grace moved that the matter be laid on the table. It was so voted. Councillor O'Keefe was recorded "opposed 971 Inflammable 207 A hearing was ordered for December 14, 1978 at 8:00 P.M. on the application of Highland Avenue Hallman Chevrolet to store 2,500 gallons of inflammables at 207 Highland Avenue. 972 Comm. fr. F.H. Pokorsk A conTunication was received from Mr. F. H. Pokorski relative to responsibility re: responsibility fo action for action. The Cou mnication was received and filed, 973 Invitation American An invitation was received frau the American Legion Unit #153 of Peabody to attend Legion Pearl Harbor Mass a Pearl Harbor mass at St. James Church on Sunday, December 3, 1978 at 11:30 A.M. Councillor Grace moved that the invitation be accepted. It was so voted 974 Invitation V.F.W. An invitation was received from the Veterans of Foreign Wars Post #1011 to attend Pearl Harbor Mass a Pearl Harbor mass at St. John's Church, Peabody, on.Sunday,. December 10, 1978 at 11:45 A.M. Councillor Rochna moved that the.invitation be accepted. : It was so. voted. 975 urchase lot #31 The petition of Adrien & Madeline Chouinard, 12 Forrester Street to purchase city- 50 Essex Street ien & Madeline owned property (lot #31) at 50 Essex Street, land currently being used by the East ouinard Branch Library, was referred to the Committee on Community. Development. 976 axi Operator Appl. The Taxi Operator application of Paul J. Moran, 11 Cherry Street, Salem, was referred to the Committee on Licenses & Permits. 977-978 Claims The following Claims were referred to the Committee on Ordinances &Legal Affairs. Pamela J. Hickey, 80 Linden Street, Salem Glenn F. O'Brien, 15 May Street, Salem t i y NOVEMBER 20, 1978 li, M The following Bonds were referred to the Coanittee on Rules and Bonds and return979580-981 approved. Sign Bond Beau's Bar, Inc., 9 Gedney Street, Salem Constable Bond David H. Janes, 94 Eastern Avenue, Lynn Constable Bond Joseph H. Kukas, 196 Lynn Street, Peabody 982 A petition was received from Mr. Charles Rehal, Jr. to purchase city owned land Petition fr. Charles to at 34 Derby Street after the deadline of Tuesday noon. Councillor O'Keefe moved to land134Jr.Derby Street purchase suspend the ruled. There were no objections. Councillor O'Keefe moved that the matter be referred to the Committee on Community Development. It was so voted. The matter of second passage of a Bond Order toPurchaseadditional motor equip- (Bond Order-Second Pass hent for the Central .Motor Equi v New Equipment pmerht coos teen taken up. Councillor Centorino amended that the Bond Order should read $215,000.00. It was so voted. The Bond Order was adopted for second and final passage as amended by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Centorino, Daly Grace, Lovely, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was absent. Councillor Usovicz moved for immediate reconsideratio hoping it would not prevail. Reconsideration was denied. The Bond Order shall now read as follows: BID ORDER ORDERED: That the shun of Two Hundred Forty--Five Thousand Dollars ($245,000.00) be and hereby is appropriated for the purpose of purchasing additional departmental equipment for the Central Motor Equipment, and be it further; ORDERED: That the City Treasurer ,with the approval of the Mayor is authorized to issue Two Hundred Fifteen Thousand Dollars -($215,000.00) bonds or notes of the City pursuant to General Laws Chapter 44, Section 7 Paragraph 9 payable within five (5) years from this date for the purpose of meeting in part said appropriation for the cost of addit- ional departmental equipment in the Central Motor Equipment Department, and be it furth ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) being the balance of the said appropriation from the "Surplus Revenue" Account. (925) The matter of second and final passage of an Ordinance amending Salary and Class- Ord. Add to title of City Engineer "Directo ification by adding the title "Director of Public Services" to the title "City Engineer" of Public Services" was then taken up. The Ordinance was adopted for second and final passage. Councillors Nowak and Rochna were recorded "opposed". (926) The matter of second and final passage of an Ordinance amending Salary and Class- Ord. Salary Schedule Assistant Planning ification by adding the the position "Assistant Planning Director" to Job Group 50, Director Annual Salary $15,000.00 was then taken up. The Ordinance was adopted for second and final passage. Councillors Grace, Nowak, and Rochna were recorded "opposed." fid NOVEMBER 20, .1978 k (902) kOrd. Traffic Sec. 49 The matter of second and final passage of an Ordinance amending Traffic Chapter Isol. Stop Sign. Broad Street Exten tion 15, Section 49, Isolated Stop Signs, Broad Street Extention, was then taken up. The Ordinance was adopted for second and final passage. (933) Ord. Traffic S. 17A The matter of second and final passage of an Ordinance amending Traffic Chapter Penalties Add S. 74 $5.00 fine 15 Section 17A, Penalties, adding Section 74, $5.00 fines, was then taken up. The Ordinance was adopted for second and final passage. Ord. Regulating (938) The matter of second and final passage of an Ordinance regulating the use of ownership & use of security guard dogs security and guard dogs was then taken up. Councillor Usovicz amended the Ordinance by adding Sec." (d) Such permit shall be valid for an indefinite period of time". The amendment was so voted. ' The Ordinance was adopted for second and final passage as amended so that it shall now read as follows: In the year one thousand nine hundred and seventy-eight An Ordinance to regulate ownership and use of security and guard dogs Be it ordained by the City Council of the City of Salem, as follows: Section 1. Any dog used primarily for the purpose of securing and protecting real or personal property which is open to the Public access at any time, shall comply with the following: a) Such dog shall be registered with the City Clerk in accordance with Massachus- etts General Laws, Chapter 140, Section 137 and 137A. b) Such dog shall be kept within a closed-in area at all times when such property is open to public access or during business hours. Such closed-in area will consist of a fence at least six feet high with a fence covering and 'a locked gate and/or within a locked room if in a business establishment. C) All areas secured or protected by a security or guard dog or dogs shall be Posted in such thorough manner as to give adequate notice to the public. (Beware of Guard Dog, etc.) Section 2. No person/business shall harbor a security dog or guard dog unless he has obtained a Security Dog Kennel Permit. a) Such permit will be issued by the Salem City Clerk at no fee upon written certification by the Dog Constable that such business or person has complied C with all the guidelines of this Ordinance. Such permit may be revoked by the Police Marshal upon evidence Of violation of the provisions of this Ordinance. b) The City Clerk shall provide the Fire Chief and Police Marshal with a copy of : the Security Dog Kennel Permit. .s- c) The Security Dog Kennel Permit shall specify the location at which the dog is ' licensed to be located and no transfer or relocation fo the duly licensed guard/security dog shall be permitted without the approval of the Dog Constable. i i �_-.-- NOVEMBER 20, 1978 tiir?� d) Such Permit shall be valid for an indefinite period of time. e) Any business or private resident harboring a security dog shall upon the request of the Dog Officer or any Police Officer allow him to enter and ins pect the kennel area where such dog is licensed to be harbored, f) Failure to comply with any section of this ordinance will result in a $50.00 Ifine for each day of such violation. Section 3. This Ordinance shall take effect as provided by City Charter. Councillor Nowak requested that the Clerk notify all department heads of the cancellation of the December 28, 1978 meeting. It was so voted. r (678) Councillor Usovicz moved to take from the table the matter of an appropriation Appr. Golf Course Bills Golf Course Salaries of $94,371.92 from the Golf Course Receipts Account. It was so voted. Golf Course Spec. Items Councillor McCabe assumed the chiar for Councillor Cawley. Councillor Cawley moved the question be split. r 1. Golf Course Overtime $5,917.10 2. Golf Course Police 8,762.50 $14,679.60 Chairman McCabe requested that Steve Sklover, member of the Park Commission speak. Councillor Usovicz objected. Councillor Cawley moved for a five minute recess. It was so voted. Councillor Nowak was recorded ''opposed". The Council recessed at 9:45 P.M. and reconvened at 9:50 P.M. Councillor Cawley moved that the matter be tabled until the December 14, 1978 meeting. It was so voted. Councillor Usovicz was recorded "opposed". On the motion of Councillor O'Keefe, the meeting adjourned at 9:50 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK Ira F Y f DEER 6, 1978 PUBLIC HEARING A Public Hearing was held in the Council Chamber on Wednesday, December 6, 1978 at 7:00 P.M. for the purpose of discussing an Ordinance.,requiring a Certificate of Fit- ness for Boarding Houses in the City of Salm. Notice of this Public Hearing was Posted on December 1, 1978 at 8:50 A.M. and advertised in the Salem Evening News on December 4, 1978. Councillors McCabe, Nowak, and.Centorino were absent. �. President:Leonard A. Cawley, Jr. presided.. , Councillor Cawley opened the hearing and introduced the Councillors present. Councillor Martineau, who introduced the Ordinance, gave a brief history on this matter. Councillor Cawley then introduced three members of the City Departments, the Health Agent, Mr. Robert Blenkhorn; the Assistant Building Inspector, Mr. Daniel Mansur; and another member of the health department. . Appearing in favor of the Ordinance were the following: Mr. Luis Til, 72 Bridge Street, said he had no heat in his apartment. He had called the Board of Health, but they did nothing. Eventually, he had to go to court. Ms. Sharon Cooper, 10 Langdon Street, stated that she called the Board of Health on May 15, 1978. She had many problems that had to be corrected. She had no heat in her apartment. The Board of Health did nothing, and she had to take her landlord to court. Mr. Lawrence Dutcher, 47 Roslyn Street, said there were twenty-two violations against his landlord. He called the Board of Health, and finally brought the landlord to court. His landlord is now making minor repairs. Representative Bruce J. McLaughlin said he feels this Ordinance should only apply to absentee landlords. Kate Foremore, 55 Ocean Avenue, from NASCAP, felt that this Ordinance would benefit the,low income tenant. She felt that these tenants are afraid to go to the Board of Health because of possible eviction. Mr. German Negron, 56 Dao Street, said that bricks has been thrown through his window and nothing had been done about it. Mr. Robert Blenkhorn, Health Agenf, offered and read modifications to the Ord- inance, and also answered questions regarding the modifications. Councillor Martineau asked Mr. Blenkhorn is under his present staff, he would be able to enforce this Ordinance. Mr. Blenkhorn told Councillor Martineau that his existing personnel is not sufficient to implement this program. �T A letter was received from Mrs. Marjorie Copeland, 74 Washington Square East, to i' be recorded in favor, but she has a question, as stated in her letter. DECKER 6, 1978 4i:D2 APPEARING IN OPPOSITIC N WERE THE FOLLOWING: Attorney Christopher Drukas said that many complaints are filed with the Health Department. They have theirliands full now,and this would put an additional strain on the existing services. Mr. Harold Rigby, 1 Hathorne Boulevard, stated that under state law, the tenant has three days in which to notify thelandlord of any deficiencies. He felt this �� Ordinance would be superfluous. Councillor Martineau spoke about the funding of the inspection, and also about the reorganization of the Police, Fire, Public Property, and Health Departments. Ms. Bernice Boyle stated that she was under the impression that eight million dollars was to be allocated to the ward five area for redevelopment. Attorney Drukas agreed with Councillor Martineau, but said there is sufficient legislation on the books now, and it is just a matter of enforcement. Councillor Rochna stated that she was concerned about a fee being charged. On the motion of Councillor Martineau, the hearing adjourned at 7:55 P.M. ATTEST: JOSEPHINE R. FUSCO CITY CLERK �ry3 DECEMBER 6, 1978 CITIZ A Public Hearing was held in the Council Chamber on Wednesday, December 6, 1978 at 8:15 P.M. for the purpose of hearing citizens who wish to address the Council. Notice of this Public Hearing was posted on December 1, 1978 at 8:50 A.M. and advertizec in the Salem Evening News on November 30, and December 5, 1978. Councillors Centorino and Nowak were absent. President Leonard A. Cawley, Jr. presided. In attendance were the following: Mr. John Whitehead, 8 Derby Street, Mr. H.J. Pelletier, 29 Hillside Avenue, Mr. & Mrs. Edward Freeman, 20 Irving Street, and Ms. Grace L'Heureux, Wisteria Street. Mr. Edward J. Freeman stated that his neighborhood is having a problem with the Salem Suede Plant. This company starts its compressors and fans around 5:00 A.M. every morning, in violation of the Noise ordinance. The company's trucks and personnel are parked in the street, making it almost impossible, at times, for residents to pass, and ja large bin is kept on the premises for leather waste, and after a few days, there is a I bad odor from this. He said the matter is getting worse. Councillor McCabe agreed with Mr. Freeman, but stated that the company has increased their production, and was told by the company, that they will continue as they have There has been no cooperation between the company and the neighbors. They have had neighborhood meetings on the matter, but the owner has said he will not change his way of operation. Mr. John Whitehead asked about federal monies for elderly housing in Salem. Councillor Grace responded that the Salem Housing Authority has jurisdiction over any federal monies received, and that they are looking into possible housing sites. Ms. Bernice Boyle, 38 Walnut Street, stated that over two thirds of the people in the Salem elderly projects were not from Salam. She felt this was wrong. I { On the motion of Councillor Martineau, the hearing adjourned at 8:45 P.M. i ATTEST: JOSEPHINE R. FUSCO CITY CLERK i I - DECEMBER 14, 1978 G i4 REGULAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 14, 1978 at 8:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on December 7, 1978 at 2:52 P.M. Councillor Centorino was absent. President Leonard A. Cawley, Jr. presided. Councillor McCabe moved to dispense with the reading of the record of the previous meeting. It was so voted. A hearing was held on the application of Hallman Chevrolet fora (97 permit to store Inflammable 207 I 2.500 gallons of inflanmables at 207 Highland Avenue. Highland Avenue Appearing in favor was Ms. Kathy Fault, Attorney, representing Hallman Chevrolet, and Philip Jodoin of Hallman Chevrolet. There was no one appearing in opposition. Councillor Grace moved that the hearing be closed. It was so voted. Councillor Grace moved that the permit be granted. It was so voted. 983 The Mayor's appointment Of Mr. Leonard Y. Lewis as Personnel Director for a term Appt. Leonard Y. Lewis of one year expiring January 1, 1980, was held until the next meting under the rules. Personnel Director The Mayor's appointment of Mrs. Alma Pelletier as a member of the Council on A 984 gin g Appt. Alma Pelletier for a term expiring October 1, 1981, replacing Mrs. Claire Ahern, was held until the Council on Aging next meeting under the rules. The Mayor's a r p 985 y appointment c Mr. Joseph M. Piemonte as an Associate Member of the Appt. Joseph Piemonte Board of Appeal for a term expiring May 1, 1981, replacing James Boulger who has became Assoc. Nen. Bd. Appeal a full member was held until the next meeting under the rules. The Mayor's appointment of Mr. Donald W. Englehardt, as a member of the Board of 986 Appt• Donald Englehardt rust Fund Commissioners for a term expiring April 1, 1984, replacing Mr. Willard W. Trust Fund Commissioners 11 was taken up. Councillor McCabe assumed the chair for Councillor Cawley. uncillor Cawley requested and received unanimous consent to suspend the rules. e appointment was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. uncillors Daly, Grace, Lovely, Martineau, McCabe, Nowak, O'Keefe, Rochna, Usovicz, d Cawley were recorded as voting in the affirmative. Councillor Centorino was absent. Councillor Cawley resumed the chair. The Mayor's a 987 y appointment of Mr. James R. Michaud as a member of the Waterways adviso 2ppt. James R. Michaud and for a term expiring May 1, 1979, replacing Mr. Frank P. Luzinski, was held until aterways Advisory Bd. e next meeting under the rules. 88 The mayor's appointment of Julio Rodriquez as a member of the Youth Cam ission for 9ppt. Julio Rodriquez a term expiring May, 1980, replacing Ann Marie Whalen, was held until the next meeting Youth Commission funder the rules. DECEMBER 14, 1978 989 Appt. Roland St. Pierre The Mayor's appointment of Roland N. St. Pierre, as a member of the Off-Street Off Street Parking Comm. Parking Commission for a term expiring August 1, 1983, replacing Mr. Peter B. Meo, Jr. , f was held until the next meeting under the rules. h Reappt. Mrs. Max 990 The Mayor's reappointment of Mrs. Max Kowalski as a member of the Council on fKowalski Council on Aging Aging for a term expiring October 1; 1981, was confi.rnted'by a' roll calx vote of 10 yeas �f 0 nays, 1 absent. councillors Daly, Grace, Lovely, Martineau, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Centorino was absent. C 991 �Reappt. Bd. Trustees The Mayor's reappointment of the following to the Board of Trustees for the J. J. Robt. Shaughnessy Hospital Robert Shaughnessy Hospital was taken up. All the reappointments were confirmed by Term exp. July 1, 1981 a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Daly, Grace, Lovely, Martineau, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Centorino was absent. Dr. J. Robert Shaughnessy, 79 Highland Avenue, Salem Jean Paul Pelletier, 54 Raymond Road, Salem Timothy Noonan, 4 Fairview Road, Salon Dr. Israel Kaplan, 194 Lafayette Street, Salem Robert Brophy, 166 Federal Street, Salem 992 Appr. School Bills The following Order was recommended by the Mayor. ORDERED: That the stmt of Thirty Four Thousand Four Hundred Seventy Five Dollars and Sixty Cents ($34,475.60) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "School - Bills" Account in accordance with the recommendation of His Honor the Mayor. Councillor Lovely moved to suspend the rules. There were no objections. Councillor Grace requested and received unanimous consent to recess to continue a previously recessed Licenses & Permits meeting. The Council recessed at 8:20 P.M. and reconvened at 8:30 P.M. Councillor Lovely moved that the appropriation be denied. It was so voted by a roll call vote of 8 yeas, 1 nays, 2 absent. Councillors Daly, Lovely, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Martineau was recorded as voting in the negative. Councillors Centorino and Grace were absent. 993 Appr. Central Motor The following Order, recommended by the Mayor, was referred to the Committee on New EquipmentFinance. ORDERED: That the sunt of Thirty Thousand Dollars ($30,000.00) be and the same is hereby appropriated from the "Surplus Revenuer' Account to the "Central Motors-New 4 Equigttent" Account in accordance with the recommendation of His Honor the Mayor. I DECEMBER 14, 1978 656 The following Order, recommended by the Mayor, was referred to the Committee on 994 Appr. Central motors Finance under the rules. New Equipment ORDERED: That the sum of Nineteen Thousand Two Hundred Thirty Six Dollars and Forty Eight Cents ($19,236.48) be and the same is hereby appropriated from the "Sewer 1 Receipts Reserved for Appropriation" Account to the "Central Motors-New Equipment" Account in accordance with the recommendation of His Honor the Mayor. 995 The following Order, recommended by the Mayor, was adopted under suspension of the Appr. Police Salaries rules. ORDERED: That the sum of Eleven Thousand Twenty Six Dollars and Eighty Cents ($11,026.80) be and the same is hereby approuriated from the "Surplus Revenue" Account to the "Police - Salaries" Account in accordance with the recommendation of His Honor the Mayor. The following Order, recommended by the Mayor, was adopted under suspension of 996 Appr, Police Payroll the rules. ORDERED: That the sum of Ten Thousand Two Hundred Sixty-Four Dollars and Sixty- Eight Cents ($10,264.68) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Police Payroll" Account in accordance with the recommendation of His Honor the Mayor. 997 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Personnel Dept. Finance under the rules. Unpaid Bills Fiscal 78 ORDERED: That the sum of Three Thousand Seven Hundred Seventy Dollars ($3,770.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Personnel Department - Unpaid Bills Fiscal 1978" account in accordance with the recommendation of His Honor the Mayor. 998 The following Order, recommended by the Mayor, was referred to the Ccnmittee on Appr. Personnel Dept. Finance. Unpaid Bills ORDERED: That the sum of Three Thousand One Hundred Fifty Five Dollars ($3,155.00) be and the same is hereby appropriated from the "Surplus Revenue" Account to the "Personnel Departrrenit - Bills" Account in accordance with the recommendation of His Honor the Mayor. /// 999 The following Order, recommended by the Mayor, was referred to the Committee on Appr. Cemetery Bills Finance. ORDERED: That the sum of Three Thousand Dollars $3,000.00) be and the same is hereby appropriated from the "Sale of Lots" Account to the "Cemetery Bills" Account in accordance with the recommendation of His Honor the Mayor. DECEMBER 14, 1978 1000 jAppr. Parks Special Iteml The following Order, recommended by the Mayor, was referred to the Carmittee on l � i Finance. , k ORDERED: That the sum of Two Thousand Dollars ($2,000.00) be and the same is I hereby appropriated from the "Golf Course Receipts" Account to the "Parks Special Items" Account in accordance with the recommendation of His Honor the Mayor. 1001 Trans. Redemption of The following Order, recommended by the Mayor, was adopted. General Loans ORDERED: That the sum of One Hundred Twenty-Five Thousand Dollars ($125,000.00) be and the same is hereby transferred from the "Interest-Temporary Loans" Account to the "Redemption of General Loans" Account in accordance with the recommendation of His Hono 1111 the Mayor. 1002 eter C. DiGangi A communication was received frau the Mayor requesting the City Council classify "Special Municipal Emp." Atty. Peter C. DiGangi as a "Special Municipal Employee" under the provisions of Massachusetts General Laws Chapter 268A, Section 1, Subsection N. The request was granted. Councillor O'Keefe was recorded as voting "present". 1003 Appt. Constable The Mayor's appointment of Mr. Richard A. Swan, 412 Essex Street, as a Constable { for a term of one year beginning December 16, 1978, was laid on the table until the I next regular meeting. 1004 Appt. Constable The Mayor's reappointment of Mr. Harry Sherr, 2 Longstreet Road, Peabody, as a Constable for a term of one year beginning December 16, 1978, was received and filed. 1005 Appt. Constable The Mayor's reappointment of Mr. Ralph E. Hobbs, Jr. , 7 Larchmont Road, Salem as a Constable for a term of one year beginning December 16, 1978, was received and filed. 1006 Ordinance amending Councillor Grace introduced the following Ordinance which was adopted for first Variances - abutter Notices passage. In the year one thousand nine hundred and seventy-eight An Ordinance providing additional notice to abutters on Petitions for Variances under the Zoning Ordinance of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section IX, subsection E, subsection 2, Variances, is hereby amended by adding after the words, "Public notice and hearing is held, according to the rules of the Board", the following: "and in accordance with Massachusetts General Laws Chapter 40A, Section 11 and in addition thereto, notice shall be sent by Registered Mail, Return Receipt Requested to all parties in interest who are imnediate abutters owning property which shares a cannon boundary with the parcel on which the Variance is requested." PA Section 2. This Ordinance shall take effect as provided by City Charter. Deer 14, 1978 Councillor Daly introduced the following Resolution which was adopted by a roll 1007 Tidal Gates, Forest call vote of 10 yeas, 0 nays, 1 absent. Councillors Daly, Grace, Lovely, Martineau, River- McCabe, iverMcCabe, Novak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Centorino was absent. RESOLVED: ff BE IT RESOLVED: That the Salm City Council endorses the following act that is before the Great and General Court of the Commonwealth of Massachusetts. AN ACT Authorizing and directing the City of Salem to regulate the use of the tidal gates located at the headwaters of the Forest River in said city. Section 1. Notwithstanding any general or special law to the contrary, the City of Salem is hereby authorized and directed to regulate the opening and closing of the tidal gates, located at the headwaters of Forest River in said city. The Mayor of said city shall establish a schedule for such opening and closing as well as any revisions thereto in consultation with the Salem Conservation Commission. 1008 Councillor O'Keefe introduced the following Order which was adopted. Refer matters to 1979 Council Committees ORDERED: That all matters not acted upon by the City Council be referred to the same appropriate Committee for 1979. 1009 Councillor O'Keefe introduced the following Order which was adopted. Councillor Discontinue Mid-Tenn Nowak was recorded as "opposed". Inaugural ceremonies ORDERED: That all future Mid-Term Inaugural Ceremonies of the City of Salem be discontinued. AND BE IT FURTHER ORDERED: That the Organizational Meeting of the City Govern- ment during the mid-term years be held at a Special Meeting during the first weak in January, or at the first regularly scheduled Council Meeting of January during said year. 1010 Councillor Usovicz introduced the following Ordinance which was adopted for first Traffic Ord. S. 10-A Est. One Way Sts. passage. certain times In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Article I, in General, is hereby amended by addigg the follow- ing new section. Section 10-A. One-way Street at certain times. The following streets are hereby designated as "One-Way" Streets during the hours and in the direction indicated. Section 2. This Ordinance shall take effect as provided by City Charter. i DECEMBER 14, 1978 1011 Ord. Traffic S. 10-A Councillor Usovicz introduced the following Ordinance which was adopted for first One Way Sts. certain times-Williams Street passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance relative to Traffic (One Way Streets at certain times) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 10-A, is hereby amended by adding the following: "Williams Street, from Bridge Street to Washington square North, in a southeasterly direction, between the hours of 3:00 P.M. and 6:00 P.M." Section 2. This Ordinance shall take effect as provided by City Charter. 1012 uncil grant permission Councillor Usovicz introduced the following Order. Councillor Martineau moved David Pelletier Bicycle Race-Salam Cammn that the matter be referred to the Com ittee on Municipal Services. The motion was defeated. The Order was adopted as introduced. ORDERED: That the City Council grant permission to David Pelletier for the purpose of planning a professional bicycle race in the City of Salam. Said race to take place in and around the Salem Common. The planning of the event not to involve funds from the City's treasury. j BE IT FURTHER ORDERED: That the City Council Comnittee on Municipal Services assist in the coordination of the event. 1013 uncil study Winter Off Councillor Usovicz introduced the following Order which was adopted. treet parking ban ORDERED: That the City Council study the current winter off-street parking policy in an effort to seek an alternative to the half on half off parking Ordinance. 1014 i Ord. park. Prohib. 5.511 Councillor McCabe introduced the following Ordinance which was adopted for first Walter Street passage. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited on certain Streets) Be it ordained by the City Council of the City of Salam, as follows: Section 1. Chapter 15, Section 51 of the Ordinances of the City of Salam is hereby further amended by adding the following in alphabetical order. Walter Street, southerly side, from the intersection of Dearborn Street and Walter Street extending in a northwesterly direction to a point opposite the westerly side of Manning Street. Walter Street, northerly side, from the intersection of Manning Street and Walter Street extending in a northwesterly direction to the intersection of Walter and Orne Street. Section 2. This Ordinance shall take effect as provided by City Charter. DECEMBER 14 1978 Councillor Grace offered the following report for the Canmmittee on Li1015 censes & Granting licenses Permits. It was voted to accept the report and adopt the recommendation. The Committee on Licenses and Permits to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following licenses be granted. TAXI OPERATOR Paul J. Moran, 11 Cherry Street DRAINLAYER RENLTAM LICENSE William F. Haight, R. 305 Highland Ave. 1016 (763) Councillor Martineau offered the following report for the Conmittee on Finance. Match $2,000 Big Broth It was voted to accept the report and adopt the recommendation. Big Sister Program The Comnittee on Finance to wham was referred the city match $2,000.00 grant awarded by action to the Salem Police Department's Big Brother Big Sister Program has considered said matter and would recommend that the appropriation be granted. 1017 (950) Councillor Martineau offered the following report for the Committee on Finance. Appr. Planning Salaries It was voted to accept the report. Councillor Usovicz amended that the appropriation be reduced to $6,500.00. It was so voted. Councillors Martineau and Rochna were recorded as "opposed". The recd m endation was adopted as amended by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Daly, Lovely, Martineau, McCabe, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, Nowak, and Rochna were recorded as voting in the negative. Councillor Centorino was absent. The Committee on Finance to whom was referred the appropriation of $7,500.00 from the "Surplus Revenue" Account to the "Planning Department Salaries" Account has considered said matter and would recommend that the appropriation be granted. 1018 (952) Councillor Martineau offered the following report for the Committee on Finance. Appr. Health Dept. Bill It was voted to accept the report. Councillor Lovely moved that adoption of the recommendation be tabled. It was so voted. The Comaittee on Finance to wham was referred the appropriation of $2,500.00 from "Surplus Revenue" Account to the "Health-Division of Community Health-Bills" Account has considered said matter and would recommend that the appropriation be granted. 1019 (982) Councillor O'Keefe offered the following report for the Committee on Community Sale land Charles Rehal Derby & Webb Sts. Development. It was voted to accept the report and adopt the recommendation. The Committee on Community Development to wham was referred a request to purchase city land on the corner of Derby Street and Webb Street, 34 Derby Street, containing 2,245 square feet by Charles Rehal whose family canes property adjacent to this parcel has considered said matter and would recommend that the City Council determine (1) That said parcel is land in excess in accord with the opinion of the City I_ DECEMBER 14, 1978 Engineer and the Superintendent of Public Properties attached hereto. (2) That the Mayor is authorized to sell said parcel with the following restric- tions. A. no building or other structure other than a fence, which is to be a see-thro h variety shall be constructed on the premises. B. This authorization to sell shall be in effect for 6 months after which time it shall tapse if the property is not then sold. (3) That a minim= price of $720.00 be set for the sale which amount is 80% of the valuation of Mr. Groszyk, Chairman of the Board of Assessors attached hereto. (856)1120 pr. Firemen's Payroll Councillor Martineau offered the following report for the Committee on Finance. It was voted to accept the report and adopt the recommendation. The Cannittee on Finance to whan was referred the appropriation of $63,818.62 from "Public Law #94-369 - Title II" Account to the "Firemen's Payroll" Account has considered said matter and would recommend that the appropriation be granted. (869) 1021 Sale of land 32 Hillsid Councillor O'Keefe offered the following report for the Committee on Ccnmunity Ave. Laurent Levesque Development. It was voted to accept the report and adopt the recamnendation. f The Committee on Conuunity Development to whom was referred a request to purchase lot #22 adjacent to 32 Hillside Avenue by Laurent G. Levesque owner of property at 32 Hillside Avenue has considered said matter and would recommend that the City Council determine that a minimum price be changed frau $3,200 to $2,560, which amount is 80% of the valuation set by Mr. Groszyk, Chairman of the Board of Assessors and that the authorization to sell be in effect for 6 months after which time it shall lapse if the property is not then sold. (418) 1022 Sale of land 15 Pope St Councillor O'Keefe offered the following report for the Commmittee on Cc m unity � Mr. & Mrs. Allen Development. It was voted to accept the report and adopt the reconmendation. The Ccamittee on Community Development to whom was referred a request to purchase part of lot #314 adjacent to 15 Pope Street by Maynard E. and Barbara L. Allen, the owners of property at 15 Pope Street, has considered said matter and could recommend that the city council determine that the minino= price be changed from $3,200 to $2,560 which amount is 80% of the valuation set by Mr. Groszyk, Chairman of the Board of Assessors and that the authorization to sell be in effect for 6 months after which time it shall lapse if the property is not then sold. (913)1023 Resolution defining Councillor O'Keefe offered the following report for the Committee on Community Heritage Plaza West Development. It was voted to accept the report and adopt the recommendation. The Committee on Community Development to wham was referred a Resolution of the Salem Redevelopment Authority defining a proposed urban renewal area cammonly referred ?; to as Heritage Plaza West has considered said matter and would recommend that the City Council Resolve to define the following area to be a deteriorated area appropriate i DECEMBER 14, 1978 fiffi : for an urban renewal project. "Beginning at the northeasterly corner of the urban renewal area, said point of land being southwesterly of the intersection of Bridge and Washington Streets; Thence continuing south down the westerly side of Washington Street to the inter- section of Washington and Norman Streets; Thence continuing westerly dawn the northerly edge of Norman Street to the inter- section of Norman and Summer Streets; Thence continuing north to the easterly edge of North Street to the intersection of North Street and the access ramp into Bridge Street; Thence continuing northeast along the easterly edge of the access ramp to the intersection of the ramp and Bridge Street; with the addition of land parcels numbered 408, 24, and 26, as designated on the City of Salem Assessors' Map; Thence continuing east along the southerly edge of Bridge street to the point of beginning" Councillor Lovely requested and received unanimous consent to return to Communications fron the Mayor. Councillor Lovely moved for reconsideration on the matter of the Appropriation of $34,475.60 from "Surplus Revenue" to "School Bills". The chair ruled that this motion was out of order, and he stated that reconsider- ation must cane after the close of business. Councillor Lovely challenged the ruling of the Chair. The challenge was defeated. 1024 The Vandalism report from Public Property for the month of November, 1978 was Vandalism Report received and filed. 1025 A communication was received frau Mr. John B. Powers, Superintendent of Public Comm. fr. Supt. Public Property re: Securing Property, relative to securing Fort Pickering, Council order dates November 20, 1978. Fort Lee On the motion of Councillor O'Keefe, the communication was received and filed. 1026 A communication from Salem High School relative to the German Exchange Students Salam High School Germaj recent visit to Salem, and to the City Council Chambers was received and filed. Exchange Students 1027 A petition, received from Mr. 0. Robert Talbot regarding the purchase of city Purchase lot #93 Cherry Hill Avenue owned land, lot #93 located on Cherry Hill Avenue, was referred to the Committee on Community Development. 1028 A petition was received from the Beverly School for the Deaf to hold a Tag Day on TAG DAY Beverly School for deaf Saturday, April 28, 1979. Councillor Grace moved that it be denied because the school was not from Salem. It was denied by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Grace, Lovely, Martineau, McCabe, Nowak, O'Keefe, Rochna, and Cawley were recorded as voting in the affirmative. Councillors Daly and Usovicz were recorded as voting in the negative. Councillor Centorino was absent. DECEMBER 14, 1978 1029 ial One Day Auction- The Special One-Day Auctioneer's License for Evan N. Gavrilles, 1115 North street, cer License Walpole, was granted. 1030-1031 Taxi Operator Appl. The following Taxi Operator Applications were referred to the Conmittee on Licenses & Permits. David L. Duke, 15 Lafayette Place, Salem Carl Haggstram, Jr. , 406 Haverhill Street, Rowley 1032 Public Official Bond The Public Official Bond of Mrs. Josephine R. Fusco, City Clerk, was referred Josephine R. Fusco City Clerk to the Canuttee on Rules and Bonds and returned approved. 1033 - 1042 CLAIMS The following Claims were referred to the. Conm.ittee on Ordinances & Legal Affairs Aetna Casualty & Surety (Subrogate Claim) iRE: Abel C.P. Alpuerto, 96 Congress St. , Salem, Mass. Aetna Casualty & Surety (Subrogate Claim) RE: Michael Beatrice, 218 Lafayette St. , Salam, Mass. Peerless Insurance Company (Subrogate Claim) RE: George E. Flagg, 408 Central St. , Rowley, Mass. Aetna Casualty & Surety (Subrogate Claim) RE: Charles P. Herrick, Jr. , 15 Pond St. , Salem 4 Travelers Insurance Co. (Subrogate Claim) RE: Robert J. Quinn, Jr. , 56 Conant St. , Danvers, Mass. Paulette L. Belanger, 8 Union St. , Salem Benjamin Levin, 320 Lafayette St. , Salem Mr. Edward S. Mansfield, 14 Hemenway Road, Salem John S. Thomas, 2 Cherry Hill Avenue, Salem Theodore J. Yeannakopoulos, 109 North Street, Salem (962) Ord. Miscell. Streets The matter of second passage of an Ordinance amending traffic, Miscellaneous .Lafayette St. Loring F Ave. , West Ave. Streets, Lafayette Street, Loring Avenue, West Avenue, and Pacific Street, was then taken up. Councillor Daly moved that the Ordinance be referred to the Ward Seven f Traffic Study Committee for a Public Hearing. It was so voted. (963) Ord. Park. Prohib. The matter of second passage of an Ordinance relative to traffic, section 51B, S. 51 Webb St. Parking Prohibited, Webb Street was then taken up. Councillor Usovicz amended to delet section 51B and insert section 57A. The amendment was so voted. The Ordinance was adopted for second and final passage as amended, so that it shall now read as follows. In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Parking Prohibited Unmetered Zones. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 57A is hereby amended by adding the following: "Webb Street, southerly side, for a distance of 40 feet beginning at the corner Of Andrew Street in an easterly direction, 15-minute parking." Fill DECEMBER 14, 1978 664 Section 2. This Ordinance shall take effect as provided by City Charter. The matter of second and final passage of an ordinance amending Boats and Water- (965)Ordinance Mooring Fees ways, Mooring Fees & Float Permits, was then taken up. Councillor McCabe moved that and Float Permits the matter be laid on the table until a response is received from the Park Commission- ers on an order passed at the last meeting. It was so voted. The matter of Second and final passage of a Bond Order for $300,000.00 for the (953)Bond Order Phase III Phase III Sewer Project was then taken up. The Bond Order was adopted for second Sewer Project and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Daly, Grace, Lovely, Martineau, McCabe, Nowak, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillor Centorino was absent. (955) The matter of the Mayor's VETO relative to realignment of the City's wards and VETO Realignment of precincts was then taken up. Councillor Usovicz moved that the matter be tabled. it Wards and Precincts was so voted by a roll call vote of 6 yeas, 4 nays, 1 absent. Councillors Daly, Lovely, Martineau, O'Keefe, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors Grace, McCabe, Nowak, and Rochna were recorded as voting in the negative. Councillor Centorino was absent. 902) The matter of reconsideration of Second Passage of an Ordinance amending Traffic (Reconsideration Ord. S. 49 Isol Stop Sign Section 49, Isolated Stop Sign, Broad Street Extension, was then taken up. Broad Street Ext. Councillor Lovely moved for reconsideration. It was so voted. Councillor Lovely amended to include preamble "In accordance with the provisions of Chapter 89 Section 9, the following street is hereby designated as a stop street in the direction and at the intersection designated" and amended to include "south- westerly bound traffic". The amendment was so voted. The Ordinance was adopted as amended for second and final passage so that it shall now read as follows: In the year one thousand nine hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Isolated Stop Signs) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15, Section 49, in accordance with the provisions of Chapter 89 Section 9 of the General Laws, the following street is designated as a stop street at the intersection and in the direction indicated. "Southwesterly bound traffic on Broad Street Extention to the intersection of Jackson Street." Section 2. This Ordinance shall take effect as provided by City Charter. fifi�J DECIINBER 14, 1978 (678) I Appr. Golf Course Bills The matter of an appropriation of $94,371.92 frau "Golf Course Receipts" to Golf Course Golf Course Spec Salaries "Golf Ii, "Golf Course Salaries", "Golf Course Bills" and "Golf Course Special Items" was then I taken up. Councillor Usovicz moved to take the matter off the table. It was so voted. L Councillor O'Keefe amended to reduce Police Salaries and Sprinkler by $12,262.50. It was so voted. The appropriation was adopted as amended for a total of $82,109.42. �I JURORS AT LAWRENCE Councillor Rochna was appointed to draw four jurors for the Salam Superior Court January 2, 1979 sitting at Lawrence. 1. Jeannette Martel, 335 Jefferson Avenue, Cashier 2. Jean R. Palardy, 25 Bridge Street, Manager 3. Annette A. LeFrancois, 196 Lafayette Street, Salesperson 4. Carl H. Page, 4 Herne Street, Letter Carrier I JURORS SALEM Councillor Martineau was appointed to draw six jurors for the Salem Superior Court January 2, 1979 sitting at Salem. 4 1. Christy J. Moustakis, 16 Cushing Street, Retired 2. Mary R. Levesque, 6 Adams Street, Bookkeeper 3. David H. Barry, 36 Juniper Avenue, Vice President/Sales 4. Leroy F. Miller, 13 Everett Road, Chief Clerk 5. Carol A. Porcello, 19 Cloverdale Avenue, Teachers' Aide 6. Conrad T. St. Pierre, 14 Porter Street, Manager JURORS AT SALEM Councillor Daly was appointed to draw one Grand Juror for the Salem Superior Criminal Court January 2, 1979 sitting at Salem. 1. Ruth Stanhope, 17 Warren Street, Salem Coordinator Councillor Grace, on behalf of the Salem City Council, thanked President r Cawley for his understanding and wisdon during the year 1978. She commented that it 1 . was a good experience for all concerned. On the motion of Councillor Martineau, the meeting adjourned at 9:50 P.M. I ATTEST: JOSEPHINE R. F'USCO CITY CLERK i { DECEMBER 20, 1978 (436 SPECIAL NESTING A Special Meeting of the City Council was held in the Council Chamber on Wednesday, December 20, 1978 at 8:00 P.M. for the purpose of acting upon Notions, Orders, and Resolutions; Finance Conmi.ttee Reports, and the Mayor's appointment of L Mr. Leonard Y. Lewis as Personnel Director. Notice of this meeting was posted on December 18, 1978 at 2:40 P.M. I Absent were Councillors McCabe and Nowak. President Leonard A. Cawley, Jr. presided. Councillor Martineau moved to dispense with the reading of the record of the previous meeting. It was so voted. (983) Councillor Usovicz moved to suspend the rules and take up the matter of the Appt. Leonard Lewis f Mayor's appointment of Mr. Leonard Lewis as Personnel Director under "Unfinished Personnel Director Business" . The Chair ruled that this matter was not out of order. Councillor O'Keefe requested and received unanimous consent to suspend the rules so that Mr. Lewis could address the Council. Councillor O'Keefe asked Mr. Lewis if he had discussions with the Mayor relative to his responsibilities in conjunction with the Shaughnessy Hospital. Mr. Lewis stated that the Mayor indicated that he would have these responsibili- ties. Councillor O'Keefe asked if he had any discussions with the Mayor relative to Salary. Mr. Lewis stated "Yes, the Mayor discussed Job Group 50 at an annual Salary of $18,582.30." Councillor O'Keefe asked Mr. Lewis if he had any discussions with the Mayor relative to responsibilities to negotiations. Mr. Lewis stated that the Mayor said Mr. Lewis would represent him at negotiation , but the Mayor indicated that the City does have a Chief negotiator. Councillor Cawley requested and received unanimous consent to question Mr. Lewis. Councillor Cawley said to Mr. Lewis, You realize you may have to deal with negotiations at a Salary of $18,582.30, and you understand that you would undertake the position of Agent for Workmen's Compensation in the City of Salem for a salary of $18,582.30. Mr. Lewis answered "Yes." Councillor Lovely moved the Mayor's appointment of Mr. Leonard Y. Lewis as Personnel Director for the City of Salon for a term of one year expiring January 31, 1980 be confirmed. It was so voted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Centorino, Daly, Grace, Lovely, Martineau, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. Councillors McCabe and Nowak were absent. 6) C;7 DECO43ER 20, 1978 Councillor Lovely moved for immediate reconsideration hoping it would not prevail. Reconsideration was denied. (994) 1043 Appr. Central Motors Councillor Martineau offered the following report for the Committee on Finance. New Equipment Sewer Rodder It was voted to accept the report.' The Committee on Finance to wham was referred the appropriation of $19,236.48 from the "Sewer Receipt, Reserved for Appropriation" Account to the "Central Motor New Equipment" Account has considered said matter and would recommend that the appropriation be granted. Councillor Martineau assumed the chair for Councillor Cawley. Councillor Cawley asked the member of the Finance Committee if the Mayor intends to stagger procurement of Police Cars over a period of several months. Councillor Martineau requested Councillor Cawley discuss only this appropriation of $19,236.48, and not the police cars. Councillor Cawley stated that he wanted to be certain this $19,236.18 is deductec directle frau Sewer Use Charge and he stated it the Council's responsibility to follow this through. Councillor Cawley wanted assurance that the money for a sewer rodder be taken frau Sewer Receipts. Councillor Lovely questioned Councillor Cawley, out of $19,236.18, the amount we are asking for, is there enough in this account to buy a sewer rodder. Councillor Cawley replied no. I Councillor Cawley resumed the Chair. Adoption of the Recommendation of the Finance Committee Report was so voted. Councillor Cawley was recorded "opposed". I (993) 1044 f, Appr. Central Motor Councillor Martineau offered the following report for the Committee on Finance. I New Equipment O Police Cruisers It was voted to accept the report. pThe Committee on Finance to wham was referred the appropriation of $30,000.00 from the "Surplus Revenue" Account to the "Central Motors New Equipment" Account has considered said matter and would recommend that the appropriationbe granted. Councillor Martineau amended that the appropriation be reduced by $10,000.00 to $20,000.00 . " Councillor Martineau assumed the Chair for Councillor Cawley. Councillor Cawley resumed the Chair. Councillor Usovicz moved the question. It was so voted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Centorino, Daly, Grace, Lovely, Martineau, O'Keefe, Rochna, Usovicz, and Cawley were recorded as voting in the affirmative. 't Councillors McCabe and Nowak were absent. y YM. DECEMBER 20, 1978 666 The amendment was defeated by a roll call vote of 2 yeas, 7 nays, 2 absent. Councillors Martineau and Cawley were recorded as voting in the affirmative. Councillors Centorino, Daly, Grace, Lovely, O'Keefe, Rochna, and Usovicz were recorded as voting in the negative. Councillors McCabe and Nowak were absent. Councillor Martineau moved that the meeting be adjourned. It was defeated. Councillor O'Keefe moved to adopt the recommendation of the committee in the amount of $30,000.00. Councillor Centorino amended the Committee report to add the stipulation prior to requesting any further equipment that the Police Chief, Director of Public Services, and Superintendent of Central Motors make an evaluation of smaller police vehicles and report back to the Council their findings with their recomnendations. Councillor O'Keefe asked Councillor Centorino to withdraw his motion to amend and suhmit an order relative to this at a later time. Councillor Centorino requested and received unanimous consent to withdraw his amendment. It was so voted. Councillor Daly moved the question. It was so voted by a roll call vote of 7 yeas, 2 nays, 2 absent. Councillors Centorino, Daly, Grace, Lovely, O'Keefe, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Martineau and Cawley were recorded as voting in the negative. Councillors McCabe and Nowak were absent. Councillor O'Keefe's motion to adopt the recommendation of the Committee was so voted by a roll call vote of 7 yeas, 2 nays, 2 absent. Councillors Centorino, Daly, Grace, Lovely, O'Keefe, Rochna, and Usovicz were recorded as voting in the affirmative. Councillors Martineau and Cawley were recorded as voting in the negative. Councillors McCabe and Nowak were absent. Councillor Grace moved for immediate reconsideration hoping it would not previal. Reconsideration was denied. Councillors Cawley and Martineau were recorded in favor of reconsideration. Councillor Usovicz moved that the meeting be adjourned. The motion was defeated. (285) Councillor O'Keefe moved to take from the table the matter of an appropriation Appr. Personnel Payrol of $4,256.85 from "Surplus Revenue" to "Personnel Department Payroll". CCouncillor Lovely moved the question. It was so voted. Councillor O'Keefe was recorded opposed. The motion to take the matter from the table was defeated by a roll call vote of 4 yeas, 5 nays, 2 absent. Councillors Grace, Martineau, O'Keefe, and Rochna were recorded as voting in the affirmative. Councillors Centorino, Daly, Lovely, Usovicz, and Cawley were recorded as voting in the negative. Councillors McCabe and Nowak were absent. i DECEMBER 20, 1978 1045 Electrician install Councillor Lovely introduced the following Order which was adopted. Lights Margin St. ORDERED: That the Mayor direct the City Electrician to erect a spotlight in Off Street parking area along Margin Street. 1046 Ord. S. 45 Heavy Comm. Councillor Lovely introduced the following Ordinance which was adopted for first Vehicles prohib. Hathorne St. , Summer St. passage contingent upon a written recommendation from Lt. Jeffrey from Police Traffic. and Winthrop St. In the year one thousand nind hundred and Seventy-Eight An Ordinance to amend an Ordinance relative to Traffic (Heavy Commercial Vehicles prohibited on Certain Streets) Be it ordained by the City Council of the City of Salem, as follows: { Section 1. Chapter 15, Section 45 is hereby amended by adding the following streets in alphabetical order. Hawthorne Street, from Jefferson Avenue to Broad Street in a northerly direction. Summer Street, from Jefferson Avenue to Broad Street in a northerly,direction. Winthrop Street, from Jefferson Avenue to Broad Street in a northerly direction. Section 2. This Ordinance shall take effect as provided by City Charter. 1047 shal, D.P.W. & Councillor Centorino introduced the following Order which was adopted. Central Motors utilize smaller cruisers ORDERED: That the Police Marshal, Director of Public Services, and Superinten- dent of Central Motor Pool meet to evaluate the feasibility of utilizing smaller police cruisers for use in connection with Police Department functions. AND BE IT FURTHER ORDERED: That before the City Council shall act on any reques for appropriation for the purchase of new police cruisers, that the said persons shall appear before the Council Committee on Municipal Services to present the findings of their investigation and make a recommendation concerning the city's future policy in purchasing police cruisers. t� . { On the motion of Councillor Martineau, the meeting adjourned at 9:20 P.M. i ATTEST: JOSEPHINE R. FUSCO CITY CLERK I I y r i