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MINUTES - OCTOBER 25, 2001
        A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 25, 2001 at 7:00 P.M. for the purpose of transacting any and all business.  Notice of this meeting was posted on October 19, 2001 at 9:48 A.M.

        Councillor LaCava was absent due to a death in his family.

        Council President Joan B. Lovely presided.

        Councillor Driscoll 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.

#688 - JOINT POLE LOCATION - LORING AVENUE

A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint pole location on Loring Avenue.  Appearing in favor was Mr. Richard Picone of Massachusetts Electric company.  There was no one opposed.  The hearing was closed.  Councillor O'Keefe moved that the permit be granted.  It was so voted.

#689 - RESCIND APPT. OF WILLIAM FLYNN AS CONSTABLE

        A communication was received from the Mayor, rescinding the appointment of William J. Flynn as a Constable.  The communication was received and filed.

#690 - APPOINTMENT CONSTABLE

        The Mayor's appointment of Cynthia H. Bourgault as a Constable for a term to expire October 5, 2002, was received after the deadline of Tuesday Noon.  Councillor Hayes requested and received unanimous consent to suspend the rules.  The appointment was received and filed.

#691 - LETTER OF COMMENDATION TO CHERYL LAPOINTE, ASST. CITY CLERK

        A communication from the Mayor, commending Cheryl LaPointe, Assistant City Clerk for her above and beyond the call of duty performance, was received and filed.

#692 - MAYOR REINSTITUTE THE POLICY TO SELL SURPLUS CITY LAND TO VETERANS

        Councillor Hayes introduced the following Order, which was adopted.

        ORDERED:  That the City Council and the Mayor reinstitute the City Policy to sell surplus real estate property to Veterans, as such term is defined by Massachusetts Statue for the sum of one dollar ($ 1. 00), provided said veteran build a single family home on said property within one (1) year.

BE IT FURTHER ORDERED that the City Council and the Mayor begin the implementation of said policy by utilizing all the existing lots owned by said City of Salem in the Victory Road area.

BE IT FURTHER ORDERED that the Chief Assessor list all other surplus property owned by said City of Salem suitable for singe family homes.  Thereafter, be it further ordered that these properties be made available to Veterans in the manner described above.

BE IT FURTHER ORDERED that said sales be determined by lottery, from among the pool of eligible Salem Veterans.

#693 - ELECTION ORDER - NOVEMBER 6, 2001 CITY ELECTION

        Councillor O'Leary introduced the following Order, which was adopted.

ORDERED:        That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter, on Tuesday, November 6, 2001, for the purpose of casting votes in the City Election for the election of candidates for the following offices:

Mayor:  for the term of four years
Four Councillors at Large: for the term of two years
Councillor of Wards One, Two, Three, Four, Five, Six, and Seven: for the term of two years
Three members of the School Committee: for the term of four years
Nine members of a Charter Commission

And the following questions:

Question #1 - Election of a Charter Question (Binding)
Question #2 - Support of Board of Health Smoking Regulations (Non-Binding)
Question #3 - Support of amendment to Smoking Regulations (Non-Binding)
Question #4 - Support of statewide ban on Smoking

AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings:

Ward One
PRECINCT ONE    Bentley School, Memorial Drive
PRECINCT TWO    Recreation Room, 27 Charter Street

Ward Two
PRECINCT ONE    Carlton School, 1 0 Skerry Street
PRECINCT TWO    Salem Heights, Recreation Room, 12 Pope Street

Ward Three
PRECINCT ONE    Council on Aging, 5 Broad Street
PRECINCT TWO    Ste.  Anne's School, 9 Cleveland Street

Ward Four
PRECINCT ONE    Endicott School, 112 Boston Street
PRECINCT TWO    Princeton Crossing, 12 Heritage Drive

Ward Five
PRECINCT ONE    Temple Shalom, 287 Lafayette Street
PRECINCT TWO    Community Room, Pioneer Terrace

Ward Six
PRECINCT ONE    Park & Recreation Building, Mack Park
PRECINCT TWO    Fire Station, 142 North Street

Ward Seven
PRECINCT ONE    Fire Station, 64 Loring Avenue
PRECINCT TWO    Salem State Gymnasium, Harrison Road

AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a,m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law.

#694 - GOVERNMENT SERVICES MEET REGARDING FLOODING ON FORRESTER STREET

        Councillor Flynn introduced the following Order, which was adopted.

        ORDERED:  That the head of the Department of Public Works meet with the Committee on Government Services to discuss the continued flooding on Forrester Street and Emmerton Street, despite the installation of Tidal Gates.

#695 - ADMINISTRATION AND FINANCE MEET TO DISCUSS A COMMUNITY SURVEY

        Councillor Driscoll introduced the following Order, which was adopted.

        ORDERED:  That the City Council Committee on Administration and Finance and the Committee on Government Services meet jointly to explore the feasibility of conducting a community survey.

#696 - PUBLIC HEALTH, SAFETY, & ENVIRONMENT INVESTIGATE PURPLE SUBSTANCE SEEPING INTO WENHAM LAKE

        Councillor Harvey introduced the following Order, which was adopted.

        ORDERED:  That the Committee on Public Health, Safety and the Environment meet to discuss the new purple substance that is seeping into our drinking water supply at Wenham Lake.

#697 - COMMUNITY AND ECONOMIC DEVELOPMENT DISCUSS LICENSING OF PUBLIC GUIDES

        Councillor Flynn introduced the following Order, which was adopted.

        ORDERED:  That the Committee on Community and Economic Development discuss the hours and licensing application for public guides.  Invited to the meeting are the Salem Chamber of Commerce and the Chairman of the Licensing Board.  Issues to be discussed include hours of tours, route of tours, and the accuracy of the script.

#698 - ORDINANCE, TRAFFIC, SECTION 75, RESIDENT PARKING. ARBELLA STREET

        Councillor Flynn introduced the following Ordinance, which was adopted for first passage.

        In the year two thousand and one

        An Ordinance to amend an Ordinance relative to Traffic, Resident Sticker Parking

        Be it ordained by the City Council of the City of Salem, as follows:

Section 1.  Chapter 42, Section 75, Zone C, Color Green, is hereby amended by adding the following:

        "Arbella Street, in its entirety, Resident Sticker Parking, Tow Zone"

Section 2.  This Ordinance shall take effect as provided by City Charter.

#699 - ORDINANCE, TRAFFIC, SECTION 13, SERVICE ZONE, DERBY STREET

        Councillor DeToma introduced the following Ordinance, on behalf of Councillor LaCava, which was adopted for first passage.

        In the year two thousand and one

        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 42, Section 13, Service Zone, is hereby amended by adding the following:

        "Derby Street, eastbound, in front of #201 Derby Street, for a distance of twenty (20) feet.  Service Zone."

Section 2.  This Ordinance shall take effect as provided by City Charter.       

#700 -  CORRECT SPELLING OF KOSCIUSZKO STREET

        Councillor DeToma introduced the following Ordinance, on behalf of Councillor LaCava, which was adopted.

ORDERED:  That the Salem roadway located to the east off Derby Street in Ward One, known as "Kosciusko Street" be corrected and changed to properly spell the name of the Revolutionary War Brigadier General Tadeusz Kosciuszko, in whose memory this street was named.

AND BE IT FURTHER ORDERED: That the street shall hereafter be known and spelled as "KOSCIUSZKO STREET", and that the Police Traffic Division erect a new street sign designating the proper spelling.

#701 - CITY COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER, 2001

        Councillor O'Leary introduced the following Order, which was adopted.

ORDERED:  That the regular meetings of the City Council for the months of November and December, 2001, be held on the following dates:

Thursday, November 8, 2001
Thursday, November 29, 2001 (Classification Public Hearing and set tax rate)
Thursday, December 13, 2001

        Councillor Flynn assumed the Chair for President Lovely.

#702 - ORDINANCES, LICENSES, AND LEGAL AFFAIRS COMMITTEE MEET TO DISCUSS ISSUES REGARDING HAUNTED HEARSE TOURS

        Councillor Lovely introduced the following Order, which was adopted.

        ORDERED:  That Douglas Antressian of Haunted Hearse Tours be requested to appear before the Committee on Ordinances, Licenses and Legal Affairs to discuss the issue of his operating his tour without a Vehicle for Hire License and to update the Committee on his route and where he is housing the vehicle.

        President Lovely resumed the Chair.

#703 - 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 and Legal Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted:

TAXI  OPERATOR  
Tilahun Tadesse, 54 Nahant St., Lynn
John Bedrossian, 1 1 Sevinor Rd., Marblehead

TAG DAY 
S.H.S. Basketball, Jan. 19 & Feb. 9, 2002
S. H.S. Mens Tennis, April 27, 2002
F.A.W.V. Post #1 0, May 9 & 10, 2002

#704 - (#654) - RELEASE DEED FOR MICHAEL LEAHY, 21 VICTORY ROAD, VETERANS LOT

        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 by a roll call vote of 8 yeas, 2 nays, 1 absent.  Councillors Sargent, O'Leary, Hayes, Harvey, Furey, Flynn, Driscoll, and Lovely were recorded as voting in the affirmative.  Councillors O'Keefe and DeToma were recorded as voting in the negative.  Councillor LaCava was absent.

        Councillor Hayes moved for immediate reconsideration in the hopes it would not prevail.  Reconsideration was denied.

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred a release deed for a veterans lot at 21 Victory Road has considered said matter and would recommend approval.

#705 - (#655) - (#656) - GRANTING EASEMENTS FOR 8 WOODBURY COURT AND 22 VISTA AVENUE

        Councillor O'Leary offered the following report for the Committee on Community and Economic Development.  It was voted to accept the report and adopt the recommendation.

        The Committee on Community and Economic Development to whom was referred a grant of easement for 8 Woodbury Court and 22 Vista Avenue has considered said matter and would recommend that the matter be referred to the City Solicitor to draft the appropriate special legislation to be forwarded to the Massachusetts Great and General Court.

#706 - FINANCIAL REPORT FOR SEPTEMBER, 2001

        Councillor Driscoll introduced the following Order, which was adopted.

        ORDERED:  That the attached Financial Report dated September 25, 2001, be received and filed.

#707 - #708 - CONDUIT ON BRIDGE STREET & HIGHLAND AVENUE

        A hearing was ordered for November 8, 2001 on the petition of Massachusetts Electric Company for conduit locations on Bridge Street and Highland Avenue.

#709 - HOLIDAY CONSTRUCTION HOURS FOR CORCORAN CO. FOR CONTRUCTION AT VINCENT CHIP SITE.

        The request of the John M. Corcoran Company to be allowed to work on Veterans' Day, Monday, November 12, 2001, was approved by a roll call vote of 6 yeas, 4 nays, 0 absent.  Councillors Sargent, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative.  Councillors O'Leary, O'Keefe, Hayes, and Furey were recorded as voting in the negative.  Councillor LaCava was absent.

#710 - PROGRESS OF THE SALEM MAIN STREET PROGRAM

        A communication from the Salem Main Street program to meet with the Council to update them on the progress of the program, was referred to the Committee of the Whole.

#711 - #712 - LICENSE APPLICATIONS

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

LIMOUSINE
Family Car Service, 93 Bridge Street, Salem (1)

TAG DAY
S.H.S. Harvard Model Congress, November 17, 2001

#713 - #714 - CLAIMS

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

        Elizabeth L. Hartnett, 11 Blake Lane, Hampton, NH
        Subrogate of Holyoke Insurance for John N. Martins

#715 - #716 - BONDS

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

SIGN BOND
Maria's Sweet Something, 26 Front Street

CONSTABLE
Cynthia H. Bourgault, 7 Hardy St., Salem

(#669) - ORDINANCE - COPIES OF LEGAL NOTICES BE FORWARDED TO CITY COUNCILLORS AT THEIR HOME

The matter of second and final passage of an Ordinance requiring all departments, boards, and commissions to forward copies of all legal notices to the members of the City Council at their home, was then taken up.  The Ordinance was adopted for second and final passage.

(#680A) - ORDINANCE REGULATING DUMPSTER PERMITS.

        The matter of second and final passage of an Ordinance relative to dumpster permits, was then taken up.  The Ordinance was adopted for second and final passage.



        On the motion of Councillor O'Keefe, the meeting adjourned at 8:10 P.M.



ATTEST:                                 DEBORAH E. BURKINSHAW
                                                CITY CLERK