A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 13, 2001 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on December 7, 2001 at 12:12 P.M.
All Councillors were present.
Council President Joan B. Lovely presided.
Councillor Hayes 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.
#840 - JOINT POLE LOCATIONS ON SPRINGSIDE AVENUE
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint pole location on Springside Avenue. Appearing in favor was Mr. Richard Picone of Massachusetts Electric Company and Councillor O'Leary. There was no one opposed. The hearing was closed. Councillor O'Leary moved that the permit be granted. It was so voted
#841 - #842 - REAPPT. CONSTABLES
The Mayor's reappointment of the following Constables was received and filed.
George W. Curran for a term to expire January 1, 2005
Kevin M. Lochiatto for a term to expire December 28, 2004
#843 - APPR. FROM FREE CASH TO STABILIZATIN FUND
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Five Hundred Thousand Dollars ($500,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Stabilization Fund" in accordance with the recommendation of His Honor the Mayor.
#844 - APPR. CAPITAL OUTLAY FOR ROOF REPAIRS AND RENOVATION TO FIRE HOUSE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of One Hundred Five Thousand Dollars ($105,000.00) is hereby appropriated to the "Capital Outlay - Repairs and Renovations" Account to be expended for roof repair and balustrade renovations to Firehouse #4 located at 415 Essex Street in accordance with the recommendation of His Honor the Mayor.
#845 - APPR. PURCHASING PURCHASE OF SERVICE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twelve Thousand Dollars ($12,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Purchasing - Purchase of Service" Account in accordance with the recommendation of His Honor the Mayor.
#846 - ORDINANCE, TRAFFIC, HANDICAP PARKING, 35 BALCOMB STREET
Councillor Hayes 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, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, Handicap Parking, is hereby amended by adding the following:
"Balcomb Street, in front of #35, for a distance of twenty (20) feet. Handicap Parking, Tow Zone."
Section 2. This Ordinance shall take effect as provided by City Charter.
#847 - ORDINANCE, TRAFFIC, STOP SIGN, WITCH HILL RD. AT HILLSIDE AVE.
Councillor O'Leary 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, Stop Sign
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 49, Stop Sign, is hereby amended by adding the following:
"Witch Hill Road, in a southerly direction, at the intersection with Hillside Avenue"
Section 2. This Ordinance shall take effect as provided by City Charter.
#848 - MATTERS BEFORE COMM. OF WHOLE BE CARRIED INTO 2002
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the attached matters currently before the Committee of the Whole be carried forward to the year 2002.
#849 - MATTERS BEFORE ORD. LIC. & LEGAL AFFAIRS COMMITTEE BE CARRIED INTO 2002
Councillor Hayes introduced the following Order.
ORDERED: That the attached matters currently before the Ordinances, Licenses, and Legal Affairs Committee be carried forward to the year 2002.
Councillor Harvey amended to include all committees. It was so voted. The Order was adopted as amended so that it shall now read as follows:
ORDERED: That the attached matters currently before the Committees of the City Council be carried forward to the year 2002.
#850 - ORDINANCE, DEPOSITING ITEMS INTO STREET, ADD 'LEAVES'
Councillor Driscoll 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 Depositing of refuse on streets
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24, Section 9 of the Salem Code of Ordinances is hereby amended by adding the words "leaves" in line 8 of subsection (a) after the words "parts of automobiles".
Section 2. This Ordinance shall take effect as provided by City Charter.
#851 - ORDINANCE, TRAFFIC, RESIDENT STICKER PARKING, CLOVER STREET
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Resident Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section75, Resident Parking, Zone E, Color Orange, is hereby amended by adding the following:
"Clover Street, in its entirety"
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor Flynn assumed the Chair for President Lovely.
#852 - WAIVER OF CONSTRUCTION HOURS AT SALTONSTALL SCHOOL
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the request of the Salem School Department of behalf of CASE-LEA Engineering Inc. and Ace Restoration Co. be granted a waiver to work on Saturday, December 15, and Sunday, December 16, 2001.
#853 - 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.
FORTUNETELLING STORE
The Goddess' Treasure Chest, 173 Essex St., Salem.
The Magic Parlor, 213 Essex St., Salem
FORTUNETELLING
Sylvia M. Martinez, 7 Derby St., Salem
Debbie Mitchell, 6 Hawthorne Blvd., Salem
Fatima Mitchell, 6 Hawthorne Blvd., Salem
Tammy Mitchell, 6 Hawthorne Blvd., Salem
Andrea Snow, 12 Scotia St., Salem
Gloria Ward, 12 Pearl St., Salem
TAXI CAB & LIMOUSINE
Family Car Services Corp., 289 Derby St., Salem (5 Taxi Cabs, 2 Limos)
Tri City Services Inc., 134 R Newbury St., Peabody (2 Taxi Cabs, 2 Limos)
Mildred's Transportation, 201 Washington St. Salem (4 Limos)
TAXI OPERATOR
Reynaldo Burgos, 22 Boston St., Salem
Jesus 0. Calcano, 53 Chestnut St., Lynn
Juan Castillo, 97 Chester Ave., Chelsea
James R. Cloutman, 19 Rainbow Terr., Salem
Barbara J. Dorsey, 16 Crowninshield St., Peabody
Gerald A. Feldman, 116 Lafayette St., Salem
Ramon Guerrero, 10 Prince St., Salem
Felix M. Hernandez, 72 Central St., Peabody
Karyn A. Milaszewski, 251 Newbury St., Peabody
Ramos Ortiz, 838 Western Ave, Lynn
Leandro E. Pena, 12 First St., Salem
Rafael Pena, 29 Perkins St., Salem
Domingo Perez, 12 Pope St., Salem
Leonardo Roa, 178 Beacon Hill Ave., Lynn
Robert M. Smith, 47 Bridge St., Salem
Jose Gabriel Torres, 296 Washington St., Salem
TAG DAY
S. H.S. Varsity Basketball Cheerleaders, Dec. 15, 2001
S.H.S. Varsity Basketball Cheerleaders, Dec. 22, 2001
S.H.S. Softball, April 6, 2002
PAWNBROKER
Salem Loan & Jewelry, 33 New Derby St., Salem
PUBLIC GUIDE
Ruth Wall, 13 Crombie St., Salem
SEAWORMS
Maria Bettencourt, 21 Harris St., Peabody
Ronald E. Leslie, I0 B Pioneer Terr., Salem
Jose Machado, 3 Emmett St., Peabody
Analiano Silva, 25 Driscoll St., Peabody
John M. Silva, 1 0 Almeda St., Salem
Manuel N. Silva, 80 Northend St., Peabody
Manuel P. Silva, 52 Paleologos St., Peabody
SECOND HAND VALUABLE
Boston Street Resale, 1341/2Boston St., Salem
St. Therese Thrift Shop, 135 Lafayette St., Salem
Antiques & Uniques of Salem, 130 North St., Salem
The Corner Book Shop, 60 Washington St., Salem
Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
R J Coins, Pickering Wharf, Bldg J., Salem
Saccon Jewelers, 131 Essex St., Salem
Salem Loan & Jewelry, 33 New Derby St., Salem
Salem Used Furniture & Antiques, 1071/2Bridge.St., Salem
Tobie's Jewelry, 142 Washington St., Salem
The Yard Sale Store, 318 Derby St., Salem
#854 - (#731) - USE OF SALEM COMMON FOR NORTH SHORE CANCER WALK
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 the use of the Salem Common has considered said matter and would recommend that the following be granted:
North Shore Medical Center Cancer Walk on June 23, 2002
#855 - (#769) - APPR. PUBLIC PROPERTY RENOVATION
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 $15,000.00 for Public Property Renovations has considered said matter and would recommend approval.
#856 - (#770) - APPR. PUBLIC PROPERTY BUILDING MAINTENANCE
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 $10,000.00 for Public Property Building Maintenance has considered said matter and would recommend approval.
#857 - (#768) - APPR. PUBLIC PROPERTY ELECTRICAL
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 $20,000.00 for Public Property Electrical Maintenance has considered said matter and would recommend approval.
#858 - COMM. OF WHOLE REPORT FOR AN ACT PROVIDING FOR THE RECALL OF ELECTED OFFICIALS IN THE CITY OF SALEM
Councillor Harvey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation by a roll call vote of 10 yeas, 0 nays, 1 present. Councillors Sargent, O'Leary, LaCava, Hayes, Harvey, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor O'Keefe was recorded as voting "present".
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee of the Whole to whom was referred the four-year recall petition has considered said matter and would recommend a favorable recommendation to the full council.
#858A - AN ACT PROVIDING FOR THE RECALL OF ELECTED OFFICIALS IN THE CITY OF SALEM
An Act Providing for the Recall of Elected Officials 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. Any holder of an elected office in the city of Salem may be recalled there from by the registered voters of said city as herein provided.
SECTION 2. A recall affidavit signed by at least 500 registered voters including at least fifty names of voters from each of the districts of the city for any official elected at large, and a recall affidavit signed by at least I 00 registered voters residing in the incumbent's district for any officer elected by district, may be filed with the city clerk containing the name of the office whose recall is sought and a statement of the grounds for recall. Upon certification of the required signatures, said clerk shall thereupon deliver to the first named voter on the affidavit copies of petition blanks addressed to the city council demanding such recall, copies of which printed forms he shall keep available. Said blanks shall be issued by the clerk with his signature and official seal attached thereto. They shall be dated,
shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of said clerk. The recall petition shall be returned and filed with said clerk within 60 days after the filing of the affidavit and shall have been signed by at least 15 per cent of the registered voters of the city as of the date such affidavit was filed with said clerk, including a minimum of 500 registered voters residing in each district of the city, for any official elected at large, and for officials elected by district, signed by residents of said district at least 15 per cent of the total number of persons who voted at the most recent municipal election from the district the official sought to be recalled represents. To every signature shall be added the
place of residence of the signer, giving the street and number and the ward and precinct. Said clerk shall, within 72 working hours of receipt thereof, certify thereon the number of signatures that are names of registered voters of the city.
SECTION 3. If the petition shall be found and certified by the city clerk to
be sufficient, he shall submit the same with his certificate to the city council at its next scheduled meeting and the city council shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If such officer does not resign within five days thereafter, said council shall order an election to be held on a date fixed by them not less than 45 nor more than 90 days after the date of said clerk's certificate that a sufficient petition has been filed; provided, however, that if any other city election is scheduled to occur within 100 days after the date of the certificate, said council shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as
provided in this section.
SECTION 4. Any officer sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the city clerk shall place his name on the
ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this act.
SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in section 7. If he is recalled, he shall be deemed removed upon the qualifications of his successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant.
SECTION 6. Ballots used in a recall election shall submit the following propositions in the order indicated:
For the recall of (name of officer)(office held) Against the recall of (name of officer)(office held)
Adjacent to each proposition, there shall be a place to vote for either of the said propositions. Under the proposition shall appear the word "Candidates" and the directions to voters required by section 42 of chapter 54 of the General Laws and, beneath this, the names of candidates nominated as hereinbefore provided. If a majority of the votes cast upon the question of recall is in the affirmative, then the candidate receiving the highest number of votes shall be declared elected. If a majority of votes cast on the question is in the negative, then the ballots for candidates need not be counted. If fewer than 25 per cent of the registered voters of the city participate in the election of a recall for an official elected at-large, or if fewer than 25 per cent of the registered voters of a district
participate in the election of a recall of an official elected by said district, no votes need be counted and the election shall be deemed to have determined that the incumbent should not be recalled.
SECTION 7. No recall petition shall be filed against an officer in the last six months of his term, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least one year after the election at which his recall was submitted to the voters of the city has elapsed.
SECTION 8. No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall be appointed to any city office within two years after such recall or resignation.
#859 - SALEM/BEVERLY WATER BOARD CERTIFICATION OF SALEM'S ASSESSMENT OF WATER USE
A communication from Thomas Knowlton, Director of the Salem/Beverly Water Board, regarding the amount of water supplied to the City of Salem, was received and filed.
#860 - USE OF SALEM COMMON BY HELP FOR ABUSED WOMEN & CHILDREN, HAWC Walk
The request from H.A.W.C. to use the Salem Common for their tenth annual walk on April 28, 2002, was referred to the Committee on Ordinances, Licenses, & Legal Affairs.
#861 - NORTH SHORE MEDICAL CENTER 5K ROAD RACE
The request from North Shore Medical Center Sports Medicine to hold a 5K road race on October 19, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#862 - INVITATION FROM PEABODY/ESSEX MUSEUM TO TOUR NEW BUILDING
A communication from the Peabody/Essex Museum inviting the City Council to tour the new building on January 10, 2002 was received and filed.
#863 - #871 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
FORTUNETELLING STORE
Angelica of the Angels, 7 Central Street
PUBLIC GUIDE
Fran Marrow, 13 Strawberry Hill Ln., Danvers
SEAWORMS
Manuel Carroca, 12 Union Street, Peabody
SECOND HAND VALUABLE
Antiques at 285 Derby St., 285 Derby St.
Army Barracks, 234 Essex St.
Bernard's, 179 Essex St.
Filigree & Fancy, 4 Wharf St., Pickerinq Wharf
Salem Coin & Jewelry, 149 North St.
TAXI OPERATOR
Basilio Beltre, 49 Harbor St., Salem
Theodore Brown III, 59 Beach St., Haverhill
Richard J. Schroeder, 16 Elizabeth Ln., Newburyport
#872 - #885A DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator Licenses were granted.
Advanced Industries Inc., 106 Oakville St., Lynn
Bartlett & Steadman Co. Inc., 67R Village St., Marblehead
Caruso & McGovern Construction Inc., 1 Industrial Way, Georgetown
J. Doyle Backhoe Service, 31 Pooles Ln., Rockport
Fafard Real Estate Bldg. Co. Inc., 290 Eliot St., Ashland
Thomas Mackey & Sons Inc., 58 Broadway, Salem
J. Masterson Construction Co., 46 Prince St., Danvers
McLaughlin Construction Co., P.O. Box 388, Peabody
Meninno Construction Co. Inc., 76 Oakville St., Lynn
Pelletier & Milbury Corp., 129 Water St., Danvers
Pumel Enterprises, P.O. Box 2123, Danvers
Q B Management, 452 Essex St., Beverly
Village Construction, 190 Pleasant St., Marblehead
Domenick Zanni & Sons Inc., 22 Lakeview Ave., Reading
#886 - CLAIM
The following Claim was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Michael Kozak, 217 Lafayette Street, Salem
#887 - #890 - BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
DRAINLAYER
Village Construction, 190 Pleasant Street, Marblehead
Domenick Zanni & Sons, Inc., 22 Lakeview Avenue, Reading
SIGN
Bella Verona, Inc., 107 Essex Street, Salem
CONSTABLE
Kevin M. Lochiatto, 140 Shirley Street, Winthrop
(#776) - AMENDMENT TO RULES & ORDERS, SECTION 31, TEMPORARY COMMITTEE MEMBERSHIP APPOINTED BY THE CHAIRMAN
The matter of second reading of an amendment to the Rules and Orders of the City Council, section 31, Appointment of Committees, allowing the Committee Chairperson to appoint a Councillor as a temporary member for purposes of a quorum, was then taken up. The Rule was adopted for second reading.
(#775) - SECOND PASSAGE, ORDINANCE, TRAFFIC, PARKING TIME LIMITED, BOSTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 57A, Parking time Limited in front of #118 Boston Street, was then taken up. The Ordinance was adopted for second and final passage.
(#774) - SECOND PASSAGE, ORDINANCE, TRAFFIC, HANDICAP PARKING, #27 ABBOTT STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking at #27 Abbott Street, was then taken up. The Ordinance was adopted for second and final passage.
(#778) - SECOND PASSAGE, ORDINANCE, TRAFFIC, TOW ZONE, DAY AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Section 74, Tow Zone, Day Avenue, was then taken up. The Ordinance was adopted for second and final passage.
Councillor Harvey expressed to the members of the Council his feelings of sadness at having Councillors Hayes and LaCava leaving the Council. He also thanked the Council President for all her hard work over the past year.
On the motion of Councillor O'Keefe, the meeting adjourned at 8:20 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
| 
