Salem City Hall
93 Washington Street, Salem, MA 01970
ph: 978-745-9595
MINUTES - FEBRUARY 22, 2001
A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 22, 2001 at 7:00 P.M. for the purpose of transacting any and all business.  Notice of this meeting was posted on February 16, 2001 at 1:31 P.M.

        Councillor Sargent was absent.

        Council President Joan B. Lovely presided.

        Councillor O'Leary moved to dispense with the reading of the record of the previous meeting.  It was so voted.

        President Lovely requested that everyone please rise to recite the Pledge of Allegiance.

        President Lovely asked Councillor Harvey to draw the name of the dog that will receive the #1 Dog Tag.  The person drawn was John Latosek, and his dog Beanie will receive tag number 1 for the year 2001.

#112 - CONDUIT LOCATION ON WASHINGTON STREET

        A hearing was held on the Order of Massachusetts Electric Company for a conduit location on Washington Street.  Appearing in favor was Mr. James Patterson of Massachusetts Electric Company.  There was no one opposed.  Councillor Harvey moved that the hearing be closed.  It was so voted.  Councillor Harvey moved that the permit be granted.  It was so voted.

#113 - REAPPT. RICHARD JAGOLTA, BOARD OF ASSESSORS

        The Mayor's reappointment of Richard W. Jagolta, Jr., to serve as a member of the Board of Assessors for a term to expire February 1, 2004, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors O'Leary, O'Keefe, LaCava, Hayes, Harvey, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative.  Councillor Sargent was absent.

#114 - #114A - REAPPT. COMMISSION ON DISABILITIES

        The Mayor's reappointment of the following members of the Commission on Disabilities was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors O'Leary, O'Keefe, LaCava, Hayes, Harvey, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative.  Councillor Sargent was absent.

        Claire M. Donaldson, 46 Dearborn St., term to expire January 11, 2003
        Andrew LaPointe, 34 Raymond Ave., term to expire January 11, 2004

#115 - #115A - REAPPT. COUNCIL ON AGING 
The Mayor's reappointment of the following members to the Council on Aging was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors O'Leary, O'Keefe, LaCava, Hayes, Harvey, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative.  Councillor Sargent was absent.

        Philip H. Berube, 16 Raymond Road, term to expire October 1, 2003
        Katharine Walsh, 5 West Terr., term to expire October 1, 2003

#116 - TRANS. HARBORMASTER SALARIES TO POLICE SALARIES

        The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.

Ordered: That the sum of Nineteen Thousand Eight Hundred Eighty-Two Dollars ($19,882.00) is hereby transferred from the "Harbormaster - Salaries - Full Time" Account  to the "Police - Salaries -- Overtime" Account  in accordance with the recommendation of His Honor the Mayor.

#117 - RESOLUTION WENHAM LAKE REMEDIATION PLAN

        Councillor Harvey introduced  the following Resolution, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors O'Leary, O'Keefe, LaCava, Hayes, Harvey, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative.  Councillor Sargent was absent.

RESOLUTION:

RESOLVED:       That the City Council go on record as endorsing the remediation plan of the Wenham Lake Technical Advisory Committee; that all of the State and Federal regulatory agencies, that must approve this plan, be asked to make this project a priority, that must be completed this calendar year; and that all permits required for this project, be expedited to ensure that this work will be completed, and our water supply will be protected in the year 2001.

AND BE IT FURTHER RESOLVED: That our State and Federal delegation lobby these permitting agencies, so that this goal may be obtained.

AND BE IT FUTHER RESOLVED: That copies of this resolution be forwarded to Senators Kennedy and Kerry, Congressman Tierney, State Senator Frederick Berry, and State Representative J. Michael Ruane.

AND BE IT FURTHER RESOLVED: That a copy of this resolution be forwarded to the
Beverly City Council and the Wenham Board of Selectmen, as well as the Boards of
Health and Conservation Commissions of Salem, Beverly, and Wenham

#118 - LICENSING BOARD MEET TO DISCUSS VENDOR LICENSES

        Councillor Flynn introduced the following Order, which was adopted.

Ordered: That the Licensing Board appear before the Committee on Ordinances, Licenses and Legal Affairs to discuss vendor licenses for the month of October before the next Council meeting.

#119 - GOVERNMENT SERVICES MEET WITH NEIGHBORHOOD GROUPS REGARDING IMPROVEMENT PROJECTS

        Councillor DeToma introduced the following Order, which was adopted.

Ordered:  That a meeting of the Government Services Committee be held to meet with representatives of organized neighborhood groups in the City of Salem to present their priorities for specific Neighborhood improvement projects performed by City Departments.

#120 - FINANCIAL REPORT FOR JANUARY, 2001

        Councillor Driscoll introduced the following Order, which was adopted.

        ORDERED:  That the February 22, 2001 Finance Report be received and placed on file.

#121 - ORDINANCES, LICENSES, AND LEGAL AFFAIRS REGARDING COMPREHENSIVE PERMITTING PROCESS

        Councillor DeToma introduced the following Order, which was adopted.

Ordered:  That a meeting of the Ordinances, Licenses & Legal Affairs Committee be held to discuss the Comprehensive Permitting Process and the possible impact to the City of Salem.  Invite the City Solicitor, Building Inspector, and representative from the Mayor's office.

        Councillor Flynn assumed the Chair for President Lovely

#122 - COMMITTEE OF WHOLE MEET REGARDING CLASS II AUTO DEALER LICENSES

        Councillor Lovely introduced the following Order, which was adopted.

Ordered:  That the Licensing Board be invited into a joint meeting with the Committee of the Whole to discuss placing a moratorium on the moving of Class II auto dealer licenses.
#123 - ORDINANCES, LICENSES, AND LEGAL AFFAIRS MEET REGARDING DOG FINES FOR HIGH STREET PLAYGROUND

        Councillor Lovely introduced the following Order, which was adopted.

Ordered:  That the Committee on Ordinances, Licenses and Legal Affairs establish a fine for the violation of dogs entering the High Street Playground.

#124 - GOVERNMENT SERVICES MEET REGARDING ESTABLISHMENT OF EARTH REMOVAL ADVISORY COMMITTEE

        Councillor Lovely introduced the following Order, which was adopted.

Ordered:  That the Committee on Government Services and the Committee on Ordinances, Licenses and Legal Affairs convene to discuss the creation of an Earth Removal Advisory Committee as it relates to Bardon Trimount.

#125 - PROPOSED ZONING AMENDMENT - ASPHALT PLANTS AND ASPHALT BATCHING PLANTS

        Councillor Lovely introduced the following Order, which was adopted.

        Ordered: That pursuant to Salem Zoning Ordinance Section 5-3 (h) (3)
Prohibited Uses - the following language be added:

Asphalt plants and Asphalt Batching Plants and that a Joint Public Hearing be scheduled immediately to consider same and that the matter be referred to the Committee on Ordinances, Licenses & Legal Affairs for further review.

        President Lovely resumed the Chair.

#126 - GRANTING CERTAIN LICENSES

        Councillor Hayes offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs.  It was voted to accept the report and adopt the recommendation.

        The Committee on  Ordinances, Licenses & Legal Affairs to whom was referred
the matter of granting certain licenses has considered said matter and would recommend that the following be granted.

SEAWORMS        Gino Vidinha, 3 Union St., Peabody

TAXI OPERATOR   Cesar A. Benoit, 9 Meadow St., Salem
Donald Bovio, 7 Oak St., Peabody
Pedro Castillo III, 332 Harvard St., Dorchester

TAXI CAB        Mildred's Transportation, 201 Washington St. Salem (1)

TAXI CAB        Mildred's Transportation, 201 Washington St.
LIMOUSINE       Salem (2)


USE OF COMMON            SALEM MISSION, JULY 28, 2001

#127 - (#59) - ORDINANCE AMENDING BOATS AND WATERWAYS, MOORING PERMITS

        Councillor Hayes offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs.  It was voted to accept the report and adopt the recommendation.

        The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred an Ordinance amending Boats and Waterways, Mooring permits has considered said matter and would recommend that the ordinance be adopted for first passage.

#128 - BUDGET TRANSFERS BETWEEN DEPARTMENTS

        Councillor Driscoll offered the following report for the Committee on Administration and Finance.  It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance to whom was referred a discussion with the Finance Director regarding various financial issues, has considered said matter and would recommend that the Finance Director provide the committee with a report related to intra-department and inter-department personnel expense transfers, specifically transfers between budgets that are overseen by the same department head.

#129 - (#91) - APPR. PARK IMPROVEMENTS - LIGHTS AT MACK PARK

        Councillor Driscoll offered the following report for the Committee on Administration and Finance.  It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance to whom was referred the matter of an appropriation of $30,000.00 for Park Improvements, lights, has considered said matter and would recommend that the appropriation be granted.
        Councillor O'Leary gave an oral report from the February 8 meeting of the Committee on Community and Economic Development.  He reminded the Council of the amendment that Councillor Harvey had submitted last year for the lease of the new city offices at the Peabody Block, and advising the Council that the city will not be in the new offices by March 1.  

#130 - CONDUIT LOCATION ON HIGHLAND AVENUE

        A hearing was ordered for March 8, 2001 on the petition of Verizon for a conduit location on Highland Avenue.

#131 - USE OF SALEM COMMON FOR H.A.W.C. WALK

        The request of Candace Waldron, Director of H.A.W.C. to hold an annual Walk for HAWC and use the Salem Common on April 29, 2001, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.

#132 - USE OF SALEM COMMON BY CHURCH OF IGLESIA NAZARETH MINISTRIES

        The request of the Church of Iglesia Nazareth Ministries to use the Salem Common for a religious event on May 25 and 26, 2001, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.

#133 - #134 - LICENSE APPLICATIONS

        The following License applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.

TAG DAY S. H.S. Baseball Boosters, April 14 & June 2, 2001

TAXIOPERATOR    Mark S. Borowski, 8 Cypress St., Salem
        Lynda Brennan, 22 Front St., Beverly
        Mateo Calderon, 15 Leach St., Salem
        Alfredo Deschmaps, 498 Essex St., Lynn
        Felix M. Hernandez, 72 Central St., Peabody
        Roberto Pacheco, 63 Palmer St., Salem
        Alberto Pena, 6 Sherman St., Peabody
                                Leandro E. Pena, 12 First St., Salem

#135 - #139 - CLAIMS

        The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.

Sharon Fuller, 63 Autumn St., Lynn
Elaine M. Poor, 15 Wheeler St., Peabody
Jennie Solovicos, 3 Island Ave., Salem
Lorraine Tempone-Longo, 58 Avery St., Ipswich
Mary Zerola, 32 Cabot St., Salem


        On the motion of Councillor Harvey, the meeting adjourned at 8:00 P.M.





ATTEST:                                 DEBORAH E. BURKINSHAW
                                                CITY CLERK