A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 5, 2002 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 26, 2002 at 1:08 P.M.
Councillor DeToma was absent, as she was out of the country
Council President Regina R. Flynn presided.
Councillor Bencal moved to dispense with the reading of the record of the previous meeting. It was so voted.
(#773) – CONDUIT LOCATION ON DERBY ST. AND CONGRESS STREET
A hearing was held on the Order of Massachusetts Electric Company for 2 conduits on Derby Street and Congress Street. Appearing in favor was Mr. Phil Casey of Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor Chuber moved that the permit be granted. It was so voted.
(#363) – INFLAMMABLE – 450 HIGHLAND AVE. – WALMART
A hearing was held on the application of Walmart to store up to 40,000 pounds of inflammables at 450 Highland Avenue. Appearing in favor was the store manager of Wal-mart. There was no one opposed. The hearing was closed. Councillor O’Leary moved that the permit be granted. It was so voted. Councillor Bencal was recorded as ‘opposed’.
CONTINUATION OF CLASSIFICATION HEARING
A hearing was continued on the issue of allocating the local tax levy among the five (5) property classes for the fiscal year of 2003, and the residential, open space, and small commercial exemption options.
Assessing Director Frank Kulik gave a brief synopsis of what transpired at the last meeting.
The following people spoke:
Denise Flynn, Executive Director of the Chamber of Commerce
Michael Allen, 15 Pope St., Business owner
Paul Grant
Biff Michaud, Business owner
Chuck Puleo, Businessman/homeowner
Tim Clarke, 361 Essex Street
Michael Blier, commercial business owner
Wanda King, representing the Clipper Ship Inn
Roger Legere, Marlborough Road
On the motion of Councillor O’Leary, the hearing was adjourned.
#803 - APPT. GEORGE T. O’BRINE TO COUNCIL ON AGING
The Mayor’s appointment of George T. O’Brine to the Council on Aging for a term to expire December 5, 2005, replacing Kathleen Walsh, was confirmed under suspension of the rules by a roll call vote of 8 yeas, 0 nays, 3 absent. Councillors Bencal, Chuber, Furey, Lovely, O’Keefe, O’Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors DeToma, Driscoll, and Harvey were absent.
Councillor Bencal requested and received unanimous consent to suspend the rules to allow Mr. O’Brine to speak.
Councillor Bencal moved that a letter and city seal be sent to Kathleen Walsh. It was so voted.
#804 - APPR. STABILIZATION FUND
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules, to report back on December 10, 2002.
ORDERED: That the sum of Two Hundred and Fifty Thousand Dollars ($250,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Stabilization Fund” Account in accordance with the recommendation of His Honor the Mayor.
#805 - APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules. Councillor O’Keefe was recorded as voting ‘present’.
ORDERED: That the sum of Thirty-Nine Thousand Four Hundred Ninety-Seven Dollars and forty-nine cents ($39,497.49) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Fire Department Retirement Anticipation” Account in accordance with the recommendation of His Honor the Mayor.
#806 - APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules. Councillor O’Keefe was recorded as voting ‘present’.
ORDERED: That the sum of Thirty-Four thousand One Hundred Eight Dollars and ten cents ($34,180.10) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Fire Department Retirement Anticipation” Account in accordance with the recommendation of His Honor the Mayor.
# 807 - APPR. PUBLIC PROPERTY UTILITY BILLS – WATER & SEWER
The following Order, recommended by the Mayor, was adopted under suspension of the rules. Councillor Lovely requested and received unanimous consent to suspend the rules to allow Acting Building Inspector Thomas St. Pierre to speak.
ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Public Property Utility Bills Water Sewer” Account in accordance with the recommendation of His Honor the Mayor.
#808 - APPR. CAPITAL OUTLAY FOR LIGHTING AT MUSEUM PL. PARKING GARAGE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirteen Thousand Eight Hundred sixty-Three Dollars is hereby appropriated to the “Capital Outlay Renovations and Repairs” Account to be expended for the repaor and/or replacement of lighting in the Museum Place Garage in accordance with the recommendation of His Honor the Mayor.
#809 - RECEIPT OF $385,000.00 IN MITIGATION MONEY FROM MARITIMES NORTHEAST PIPELINE
A communication was received from the Mayor, after the deadline of Tuesday Noon, advising the Council of the receipt of two payments from Maritimes and Northeast Pipeline, totaling $385,000.00, as part of the mitigation package. Councillor O’Leary requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
Councillor Bencal requested and received unanimous consent to suspend the rules to allow Finance Director Bruce Guy to speak.
Councillor Bencal moved that the communication be received and filed.
#810 - APPR. $60,266.00 CAPITAL OUTLAY FOR WINTER ISLAND HANGAR PROJECT
The following Order was received from the Mayor, after the deadline of Tuesday Noon. Councillor O’Leary requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
The Order was adopted under suspension of the rules. Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. Thomas St. Pierre, Acting Building Inspector, to address the Council.
ORDERED: That he sum of Sixty Thousand Two Hundred Sixty-Six Dollars ($60,266.00) is hereby appropriated to the “Capital Outlay Repairs and Renovations” Account to be expended for additional work required on the Winter Island Hangar project in accordance with the recommendation of His Honor the Mayor.
#811 - POLICE TRAFFIC INSTITUTE 60-DAY TRIAL – ESSEX ST., DELETE PROHIBITED PARKING BETWEEN HAWTHORNE BLVD. AND LIBERTY ST.
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division institute the following traffic regulations for a trial period of up to sixty (60) days, which would eliminate the no parking restriction on Essex Street on the southerly side between Hawthorne Boulevard and Liberty Street, and allow one hour parking.
“Essex Street, westbound on the southerly side, from Hawthorne Boulevard to a point sixty (60) feet before Liberty Street, one hour parking.”
#812 - POLICE TRAFFIC INSTITUTE 60-DAY TRIAL – ESSEX ST., ALLOW LEFT TURN ONTO WASHINGTON
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division institute the following traffic regulations for a trial period of up to sixty (60) days, which would eliminate the right turn only restriction on Essex Street at Washington Street, and add a stop sign. Starting date to be determined by the Salem Police Traffic Division.
“Essex Street, eastbound at the intersection with Washington Street, eliminate right-turn only restrictions and add a stop sign.”
#813 - SCHOOL DEPARTMENT OCTOBER BUDGET REPORT
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Budget report, October, FY 03 FOR THE Salem School Department be referred the Committee on Administration and Finance.
#814 - FINANCIAL REPORT – OCTOBER, 2002
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Financial report dated October 31, 2002, be received and placed on file.
#815 - GRANTING CERTAIN LICENSES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted:
FORTUNETELLING
Sylvia Martinez, 7 Derby Square, Salem
Diana McKanas, 86D Wharf St., Salem
Gloria Ward, 12 Pearl St., Salem
FORTUNETELLING STORE
The Goddess’ Treasure Chest, 173 Essex St.
The Magic Parlor, 213 Essex St.
Pyramid Books, 214 Derby St.
PAWNBROKER
Salem Loan & Jewelry, 33 New Derby St.
PUBLIC GUIDE
Jeremy McKeen, 74 Essex St., Salem
Nicole Morin, 22R Essex St., Salem
Alejandra Miranda Naon, 3 Winter St., Salem
SEAWORM
Manuel Carroca, 12 Union St., Peabody
Eovaldo Costa, 9 Elm St., Peabody
Victor Machedo, 9 Elm St., Peabody
Jose Machado, 3 Emmett St., Peabody
Analiano P. Silva, 25 Driscoll St., Peabody
Manuel N. Silva, 80 Northend St., Peabody
Manuel P. Silva, 52 Paleologos St., Peabody
SECOND HAND CLOTHING
Boston St. Resale, 134 ½ Boston St.
SECOND HAND VALUABLE
Antiques & Uniques of Salem, 130 North St.
Record Exchange, 256 Washington St.
Salem Loan & Jewelry, 33 New Derby St.
Same Day Services, 2 Mason St.
The Yard Sale, 318 Derby Street
TAXI OPERATOR
Charles Cody, 21 Heard Dr., Ipswich
Charles J. Coyne, 6 Berkshire St, Swampscott
Gerald Feldman, 116 Lafayette St., Salem
Victor Morales, 6 Whittier St., Lynn
Ramon A. Nunez, 59 Memorial Pk. Ave., Lynn
Jack Taymore, 15 Weatherly Dr., Salem
TAG DAY
S.H.S. Girls & Boys Basketball Boosters, January 11, 2003 & Feb. 2, 2003
VEHICLE FOR HIRE (AMPHIBIOUS)
Moby Duck, 75 Essex Ave., Gloucester
#816 – (#628) – (#790) - ACCEPTANCE OF CHAPTER 59, SECTION 5, CLAUSE 41C SENIOR EXEMPTIONS
Councillor Lovely offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter to discuss Clause 41C; senior exemption options at a public hearing at the Salem Council on Aging, has considered said matter and would recommend that the matter be referred to the Committee on Administration and Finance for further discussion.
Councillor Lovely moved that the City Council recess their meeting, and that the Administration and Finance Committee reconvene. It was so voted.
The Administration and Finance Committee meeting adjourned, and the City Council meeting reconvened.
#817 - (#628) – (#790) - ACCEPTANCE OF CHAPTER 59, SECTION 5, CLAUSE 41C SENIOR EXEMPTIONS
Councillor Lovely offered the following report for the Committee on Administration and Finance. It was voted to accept the report.
The Committee on Administration and Finance to whom was referred Clause 41C, Senior Exemption Options, has considered said matter and would recommend no recommendation.
Councillor Harvey moved adoption of Chapter 59, Section 5, Clause 41C, with the following Amendments:
Age 65 (adjusted)
Income $20,000 single and $30,000 married (adjusted)
Asset Limits $40,000 single and $55,000 married (adjusted)
Deductions 3-family (current)
Exemption $1,000 (adjusted)
Councillor O’Keefe amended that approval be effective for fiscal year 2003. It was so voted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Bencal, Chuber, Harvey, Lovely, O’Keefe, O’Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Driscoll and Furey were recorded as voting in the negative. Councillor DeToma was absent.
Councillor Lovely amended as follows:
Age 70 (current)
Income $20,000 single and $30,000 married (adjustment)
Asset Limits $40,000 single and $55,000 married (adjustment)
Deductions 3 family (current)
Exemption $500.00 (current)
Councillor Lovely’s amendment was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Bencal, Chuber, Harvey, Lovely, O’Keefe, O’Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Driscoll and Furey were recorded as voting in the negative. Councillor DeToma was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The provisions of Chapter 59, Section 5, Clause 41C were adopted as amended by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Chuber, Harvey, Lovely, O’Keefe, O’Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Bencal, Driscoll and Furey were recorded as voting in the negative. Councillor DeToma was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Order reads as follows:
#817A – ORDER OF ACCEPTANCE OF CHAPTER 59, SECTION 5, CLAUSE 41C SENIOR EXEMPTIONS
That the City of Salem accept the provisions of Massachusetts General Laws, Chapter 59, Section 5, Clause 41C, effective only for fiscal year 2003, as follows:
ELIGIBLE AGE Age 70
INCOME LIMITS Income $20,000 single and $30,000 married
ASSET LIMITS Asset Limits $40,000 single and $55,000 married
ASSET DEDUCTIONS Deductions 3 family
EXEMPTION AMOUNT Exemption $500.00
#818 – (#779) - APPR. PUBLIC PROPERTY BUILDING MAINTENANCE
Councillor Lovely 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 an appropriation of $10,000.00 for Public Property Building Maintenance has considered said matter and would recommend approval.
#819 – (#777) - APPR. VARIOUS RECEIPTS RESERVED TO REDUCE THE TAX RATE
Councillor Lovely 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 an appropriation of $690,000.00 from various receipts reserved accounts to reduce the tax rate has considered said matter and would recommend approval.
#820 – (#781) - APPR. MAYOR’S OTHER EXPENSES – OTA EXCHANGE-DINNERS & GIFTS
Councillor Lovely offered the following report for the Committee on Administration and Finance. It was voted to accept the report.
The Committee on Administration and finance to whom was referred an appropriation of $5,944.94 from Free Cash to Mayor other expenses (OTA exchange) has considered said matter and would report with no recommendation.
Councillor Furey moved approval.
Councillor Bencal moved that the matter be referred back to the Mayor to come up with an alternative funding source.
Councillor O’Keefe moved approval with the understanding that the matter be addressed by the insertion of a line item in next year’s budget. Councillor O’Keefe requested and received unanimous consent to withdraw his motion.
Councillor Bencal’s motion to refer the matter back to the Mayor was adopted. Councillors Lovely, O’Keefe, and Furey were recorded as ‘opposed’. Councillor Harvey was recorded as voting present.
Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#821 – (#784) - APPR. FROM FREE CASH TO REDUCE THE FISCAL YEAR 2003 OPERATING BUDGET
Councillor Lovely offered the following report for the Committee on Administration and Finance. It was voted to accept the report .
The Committee on Administration and Finance to whom was referred the matter of an appropriation of $687,954.00 from Free Cash to fund the fiscal year 2003 operating budget has considered said matter and would report no recommendation.
Councillor Harvey moved approval. It was so voted by a roll call vote of 6 yeas, 4 nays, 1 absent. Councillors Chuber, Furey, Harvey, O’Keefe, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Bencal, Driscoll, Lovely, and O’Leary were recorded as voting in the negative. Councillor DeToma was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#822 – (#782) - ACCEPT CHAPTER 74, SECTION 4, ACTS OF 1986, REAL ESTATE TAX EXEMPTIONS
Councillor Lovely 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 acceptance of Chapter 73, Section 4 of the Acts of 1986 relative to real estate tax exemptions has considered said matter and would recommend approval.
#823 - PARK & RECREATION COMMISSION REQUEST TO HAVE AUTHORITY OVER SALEM COMMON ACTIVITIES AND PERMITTING PROCESS
A communication from the Park and Recreation Commission, requesting that they be granted the authority to oversee the use of the Salem Common, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#824 - POLE LOCATION – VICTORY ROAD
A hearing was ordered for December 19, 2002 on the petition of Verizon and Massachusetts Electric Company for a joint pole location on Victory Road.
#825 - CONDUIT LOCATION – 230 ESSEX STREET
A hearing was ordered for December 19, 2002 on the petition of A.T. & T. Broadband for a conduit location at 230 Essex Street.
#826 - #827 - USE OF SALEM COMMON
The following applications to use the Salem Common were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Tracy Leith for a wedding on July 12, 2003
HAWC to hold walk and use the Salem Common on April 27, 2003
#828 - #834 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
FORTUNETELLING Debbie Mitchell, 6 Hawthorne Blvd., Salem
Fatima Mitchell, 6 Hawthorne Blvd., Salem
Tammy Mitchell, 6 Hawthorne Blvd., Salem
JUNK DEALER Naumkeag Auto, 50R Broadway
SEAWORMS John Silva, 10 Almeda St., Salem
TAXI OPERATOR Ed Bielski, 2 Flint St., Salem
Brendall Castillo, 11 Meadow St., Salem
Juan Castillo, 535 Mountain Ave., Revere
Newri Garcia, 6 Ray St., Peabody
Ramon Gomez, 260 Washington St., Salem
Clifford Goodman, 22 Bertuccio Ave., Salem
Ramon Guerrero, 10 Prince St., Salem
David Jalbert, 12 Mt. Vernon St., Salem
Guillermo Javier, 8 Prince St., Salem
Kevin Melzard, 59 Goodale St., Peabody
Leonardo Roa, 178 Beacon Hill Ave., Lynn
Santo Santana, 4 Prince St., Salem
Blair Schetrompf Jr., 36 Stanns Ave., Peabody
Juan B. Velez, 41 Ward St., Salem
LIMOUSINE North Shore Airport Limo, 10 Colonial Rd., Salem (5)
Jireh Car Service Inc., 201 Washington St., Salem (4)
#835 - #880 - DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator Licenses were granted.
Advanced Industries Inc. 106 Oakville St., Lynn
Agganis Construction, 73 Paradise Rd., Ipswich
G. Burgess & Sons, 24 Hollis Rd., Lynn
Caruso & McGovern Constructio9n Inc., 1 Industrial Way, Georgetown
Connick Construction, 324 Den Quarry Rd., Lynn
D’Alelio Construction Inc., 32 Lewis Rd., Swampscott
DeIulis Bros. Construction Co. Inc., 31 Collins St. Terr., Lynn
DiBiase Corp., P.O. Box 780, Lynnfield
FRE Building Co. Inc., 290 Eliot St., Ashland
N. Granese & Sons Inc., 18 Yorkshire Rd., Marblehead
Spencer Contracting Corp., 350 Main St., Boxford
Lima Const. & Paving, 30 River St., Middleton
Linskey Construction Inc., 16 Honeysuckle Rd., So. Hamilton
Thomas Mackey & Sons, 58 Broadway, Salem
J. Masterson Const. Corp., 46 Prince St., Danvers
McLaughlin Const., 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
EQ Enterprises, 452 Essex St., Beverly
E.B. Rotondi & sons, Inc., 60 Sunset Rd., Winchester
Mirra Co. Inc., 6 Norino Way, Georgetown
Village Construction, 190 Pleasant St., Marblehead
#881 - CLAIMS
The following Claim was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Laura B. Fleming, 74 Margin St., Peabody
#882 - #888 - BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
DRAINLAYER G. Burgess & Sons, 24 Hollis Rd., Lynn
D’Alelio Construction Co. Inc., 31 Lewis Rd.., Swampscott
DiBiase Corp., 10 Lookout Terr., Lynnfield
FRE Building Co. Inc., 290 Eliot St., Ashland
Linskey Construction Inc., 16 Honeysuckle Rd., So. Hamilton
Meninno Construction Co. Inc., 76 Oakville St., Lynn
Village Construction, 190 Pleasant St., Marblehead
(#721) – SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING ON GARDNER ST. , RICE ST., AND OCEAN AVE. WEST
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking on Gardner Street, Rice Street, and Ocean Avenue West, was then taken up. The Ordinance was adopted for second and final passage.
(#787) – SECOND PASSAGE - ORDINANCE AMENDING STREET AND SIDEWALKS, STREET OPENINGS
The matter of second and final passage of an Ordinance amending Streets and Sidewalks, notification for street and sidewalk openings, was then taken up.
Councillor Bencal amended to add the wording “as well as the City Council at their home addresses”. It 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 two thousand and two
An Ordinance to amend an Ordinance relative to Streets and Sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 38 is hereby amended by adding Section 22, as follows:
Except in an emergency as determined and certified by the Director of Public Services, anyone that receives a permit to open up any street and/or sidewalk shall notify all abutters and abutters to the abutters, as well as the City Council at their home address, no less than three (3) business days prior to said opening. Further, anyone that causes a street closure, except in cases of emergency, shall notify all property owners and residents of that street, as well as the City Council at their home address, no later than three (3) business days prior to the street closing. If the U.S. mail is used for notification, such notification must be postmarked no later than five (5) calendar days prior to the street closure.
Section 2. This Ordinance shall take effect as provided by City Charter.
(#788) – SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, STOP SIGN ON ENDICOTT ST. AND PARKING PROHIBITED ON WHALERS LANE
The matter of second and final passage of an Ordinance amending Traffic, Stop Signs on Endicott Street, and Parking Prohibited on Whalers Lane, was then taken up. The Ordinance was adopted for second and final passage.
(#792A) – SECOND PASSAGE – ORDINANCE AMENDING RULES AND GUIDELINES FOR LICENSING OF PUBLIC GUIDES
The matter of second and final passage of an Ordinance amending the issuance of licenses for public guides, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Chuber, the meeting adjourned at 10:55 p.m.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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