A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 9, 2003 at 7:20 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 3, 2003 at 11:59 A.M.
Councillor Lovely was absent.
Council President Thomas H. Furey presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Furey requested that everyone please rise to recite the Pledge of Allegiance.
#4 – APPT. BRUCE D. THIBODEAU AS DIRECTOR OF PUBLIC SERVICES/CITY ENGINEER
The Mayor’s appointment of Bruce D. Thibodeau to serve as Director of Public Services/City Engineer for a term to expire February 1, 2005, was received after the deadline of Tuesday Noon. Councillor Harvey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
Councillor Harvey requested and received unanimous consent to suspend the rules to confirm the appointment.
The appointment was confirmed by a roll call vote of 9 yeas, 1 nay, and 1 absent. Councillors Sargent, O’Keefe, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative. Councillor Lovely was absent.
Councillor Harvey moved that a letter and City Seal be sent to Mr. Bornstein. It was so voted.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Mr. Thibodeau to speak.
#5 – APPR. FIRE DEPARTMENT SALARIES FULL TIME
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of One Hundred Sixteen Thousand Three Hundred Fifty-One Dollars and ninety-five cents ($116,351.95) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Fire Department Salaries Full Time” Account in accordance with the recommendation of His Honor the Mayor.
#6 – APPR. POLICE DEPARTMENT FULL TIME SALARIES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Eight Thousand Ninety-Nine Dollars and thirty-six cents ($80,099.36) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” Account to the “Police Department Salaries Full Time” Account in accordance with the recommendation of His Honor the Mayor.
(#904 - #787 of 2002) – MAYOR’S VETO OF ORDINANCE AMENDING STREETS AND SIDEWALKS, ADVANCE NOTIFICATION TO ABUTTERS OF STREET CLOSINGS
Councillor Bencal requested and received unanimous consent to take out of order, under Unfinished Business, the Mayor’s Veto.
The matter of the Mayor’s Veto of Ordinance #787 of 2002, was then taken up. The Veto was overridden by a roll call vote of 9 yeas, 1 nay, and 1 absent. Councillors Sargent, O’Leary, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor O’Keefe was recorded as voting in the negative. Councillor Lovely was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#7 – ORDINANCE AMENDING STREET AND SIDEWALKS, OPENINGS IN EXCESS OF ONE DAY
Councillor Bencal introduced the following Ordinance, which was adopted for first passage. Councillor O’Keefe was recorded as “opposed”.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
In the year two thousand and three
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, Section 22, is hereby amended by adding the following to Section 1.
Insert after the word “sidewalk” the following: “in excess of one day”
Section 2. This Ordinance shall take effect as provided by City Charter.
#8 – CITY GRANT TO HISTORIC SALEM INC. A WAIVER OF RIGHT OF FIRST REFUSAL FOR BOWDITCH HOUSE
Councillor Flynn introduced the following Order, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O’Leary, O’Keefe, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor Lovely was absent.
ORDERED: That the City of Salem grant to Historic Salem, Inc., a waiver of Right of First Refusal on the Nathaniel Bowditch House located on 9 North Street in Salem.
#9 – PURCHASE OF ST. MARY’S PROPERTY FOR COUNCIL ON AGING BE STUDIED BY ADMIN. & FINANCE
Councillor O’Keefe introduced the following Order on behalf of President Furey.
ORDERED: That the Committee on Administration and Finance meet to explore the opportunity of leasing and purchasing the St. Mary’s Parish Youth Center, Church and Rectory for the possible use as a Council on Aging Facility. And that the Mayor, City Planner, Director of the Council Aging, and the Council on Aging Board be invited.
Councillor Harvey assumed the Chair for President Furey.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow Ms. Linda Elworthy, Director of the Council on Aging, to address the Council.
Councillor Driscoll amended that the Mayor and City Planner update the City Council on the transfer development plans for the Broad Street site. It was so voted.
The Order was adopted as amended so that it shall now read as follows:
ORDERED: That the Committee on Administration and Finance meet to explore the opportunity of leasing and purchasing the St. Mary’s Parish Youth Center, Church and Rectory for the possible use as a Council on Aging Facility. And that the Mayor, City Planner, Director of the Council Aging, and the Council on Aging Board be invited.
AND BE IT FURTHER ORDERED: That the Mayor and City Planner update the City Council on the transfer development plans for the Broad Street site.
President Furey resumed the Chair.
#10 – ORDINANCE AMENDING THE REMOVAL OF SNOW AND ICE FROM SIDEWALKS, ADD THE DIRECTOR OF PUBLIC SERVICES AS AN ENFORCER
Councillor O’Keefe, in conjunction with Councillor O’Leary, introduced the following Ordinance.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to removal of Snow and Ice from Sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 38, Section 13 – Removal of snow from Sidewalks, and Chapter 38, Section 14 – Removal of ice from sidewalks, is hereby amended by adding the following language to the sentences citing enforcement: “The Director of Public Services or his designees”
Said sentence shall now read as follows:
“The Director of Public Services or his designees, all building inspectors, in addition to police officers, shall be enforcing persons for this section.”
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor Sargent amended Section 38-12, Throwing or plowing ice or snow into city streets, by adding the words “or sidewalks”. The amendment was so voted.
The Ordinance was adopted as amended for first passage by a unanimous roll call vote of 11 yeas, 0 yeas, 0 absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Ordinance reads as follows:
In the year two thousand and three
An Ordinance to amend an Ordinance relative to removal of Snow and Ice from Sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 38, Section 13 – Removal of snow from Sidewalks, and Chapter 38, Section 14 – Removal of ice from sidewalks, is hereby amended by adding the following language to the sentences citing enforcement: “The Director of Public Services or his designees”
Said sentence shall now read as follows:
“The Director of Public Services or his designees, all building inspectors, in addition to police officers, shall be enforcing persons for this section.”
Section 2. Chapter 38, Section 12, is hereby amended by adding the words ‘onto sidewalks’ in the title, and adding the words “or sidewalks” under section (a), so that said section shall read as follows:
(a) No person shall throw, plow, or cause the placing of any ice or snow in any street or sidewalk so as to impede or obstruct the normal use of the traveled way.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O’Keefe moved to declare this matter an emergency under sections 20 and 22 of the City of Salem Charter. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Keefe moved that the Ordinance be adopted for second and final passage. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#11 – FINANCE DIRECTOR PETITION REGISTRY OF MOTOR VEHICLES TO ISSUE “SALEM” LICENSE PLATE
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Director of Finance contact the Massachusetts Registry of Motor Vehicles for the express purpose of having the Registry of Motor Vehicles issue a “Salem” license plate.
AND BE IT FURTHER ORDERED: That the Finance Director report back to the City Council his findings by no later than May first.
#12 – TICKETS ISSUED FOR SNOW AND ICE REMOVAL VIOLATIONS
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the Police Department, DPW and Building Department provide the City Council with a list of 21D (non-criminal citations) issued this season for failure to remove snow/ice from sidewalks.
#13 – PLANNER PROVIDE COUNCIL WITH UPDATE TO COMPREHENSIVE ZONING ORDINANCE AMENDMENTS
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the City Planner provide a written update to the City Council Committee on Community and Economic Development on the status of the Comprehensive Zoning Ordinance amendments, prior to January 23, 2003 meeting of the City Council.
#14 – DISPOSITION OF CITY PROPERTY ON IRVING AND PHILLIPS STREET
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the City Assessor, City Solicitor, Director of Planning and Community Development, Building Inspector or their representatives be invited to appear before the Committee on Government Services to discuss the disposition of City Property on Philips and Irving Streets. Also invited shall be abutters to these properties.
#15 – FINANCIAL REPORT FOR NOVEMBER 2002
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Financial Reports dated November 30, 2002 be received and placed on file.
#16 – COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE DISCUSS MAIN STREETS INITIATIVES
ORDERED: That the Main Street organization be invited in to update the Committee on Community and Economic Development on their activities.
#17 – CITY’S COLLECTION RATES AND MONIES DUE THE CITY, GOVERNMENT SERVICES DISCUSS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Collector/Treasurer, Finance Director, Parking Clerk, Harbormaster, and a representative of the collection agency that the City employs to collect overdue taxes be invited to appear before the Committee on Government Services regarding the City collection rate, and what steps are being undertaken to collect monies due the City of Salem.
#18 – SCHOOL DEPARTMENT SPECIAL EDUCATION DEFICIT, ADMINISTRATION AND FINANCE DISCUSS
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the School Department meet with the Committee on Administration and Finance to discuss the recent announcement in possible third quarter reduction in Special Education residential placement funding. Also, update the Committee on the department’s Special Education deficit.
#19 – 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.
SECOND HAND Compliments Resale Boutique, 132 Boston St.
CLOTHING
TAG DAY S.H.S. Boys Track, January 25, 2003
S.H.S. Winter Track, February 15, 2003
TAXI OPERATOR James R. Cloutman, 19 Rainbow Terr., Salem
Carlos M. Diaz, 40 Harbor St., Salem
Barbara J. Dorsey, 16 Crowninshield St. Peabody
Vincent Ercolano, 29 Hancock St., Salem
John Mealey, 30 Grant St., Beverly
Hipolito Ozoria, 49 Harbor St., Salem
Domingo Perez, 12 Pope St., Salem
Nelson Sanchez, 298 Washington St., Salem
Jeffrey Schafer, 8 ½ Daniels St., Salem
#20 – (#907 of 2002) – SALEM/BEVERLY WATER BOARD AND S.E.S.D. MEMBERSHIP ISSUES
Councillor Harvey 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 of membership issues at the S.E.S.D. and the Salem/Beverly Water Supply Board has considered said matter and would recommend that the minutes of each board be sent to each City Councillor by S.E.S.D. and Salem/Beverly Water Supply Board, e-mail being the first option.
#21 – (#918 of 2002) – SALEM HOUSING AUTHORITY UNION ISSUES
Councillor Harvey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
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 matter of Salem Housing Authority Labor issues has considered said matter and would recommend that the Mayor conduct a hearing within the next two weeks with Mr. Marraffa about certain alleged improprieties and the Mayor is to respond back within two weeks. The Council has received a series of allegations.
#22 – OPINION FROM CITY SOLICITOR REGARDING COUNCIL’S ROLE IN SALEM HOUSING AUTHORITY LABOR DISPUTE
A communication was received from City Solicitor John Keenan, responding to a Council request for an opinion regarding Salem Housing Authority labor issues and the process to follow to remove a member. The opinion was received and filed.
#23 – SALEM/BEVERLY WATER BOARD SUBMITTING SALEM’S ASSESSMENT OF WATER CONSUMPTION
A communication from the Salem/Beverly Water Board, submitting Salem’s share of water consumption, was referred to the Committee on Public Health, Safety and the Environment.
#24 – CONDUIT LOCATION ON CLARK STREET
A hearing was ordered for January 23, 2003 on the petition of Massachusetts Electric Company for a conduit location on Clark Street.
#25 – SALEM STATE COLLEGE WELLNESS FAIR AND ROAD RACE
The request of Salem State College to hold a Wellness Fair and Road Race on April 27, 2003 was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#26 - #35 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
FORTUNETELLING Shawn Poirier, 64 Beaver Street, Salem
PUBLIC GUIDE Michael C. Metzger, 25 Shepard St., Marblehead
Rich W. Metzger, 25 Shepard St., Marblehead
Susan P. Metzger, 25 Shepard St., Marblehead
Leah A. Schmidt, 640 Revere Beach Blvd., Revere
SECOND HAND Samantha’s Boutique, 205 Essex St., Salem
VALUABLE Antiques at 285 Derby St., 285 Derby St., Salem
TAXI OPERATOR David Riley, 136 Shore Drive, Peabody
LIMOUSINE Dave Jalbert & Son’s Inc., 240 Canal St., Salem (3)
VEHICLES FOR HIRE Salem Surrey Bike Tours, LLC, 25 Shepard St.,
(PEDICAB) Marblehead (3)
#36 - #51 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator license applications were approved.
Bartlett & Steadman Co., Inc., R67 Village St., Marblehead
Calnan Construction, 17 Reservoir Road, Lynn
R. DiLisio Co., 113 Fayette St., Lynn
James W. Flett Co., Inc., 800 Pleasant St., Belmont
R. Kobierski co., P.O. Box 94, Danvers
Mr. Rooter Plumbing, 70 Herrick St., Beverly
T.L.T. Construction Co., 1 Pope St., Wakefield
J. Whyman Construction, 451 Broadway, Lynnfield
#52 - #58 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Alexis Bonacorso, 55 Valiant Way, Salem
Nina Bridgman, 196 Loring Avenue, Salem
Sheila Delaney, 55 Cedar St., Apt. 2211, Woburn
Stephanie Smigleski Dumas, 76 Leach St., Salem
Robert K. Johnston, 29 Eastman Ave., Swampscott
Donald Wyman III, 14 Bridge St., Salem
Theodore A. Zarembo, 21 Chestnut St., Garden City, NY
#59 - #60 – DRAINLAYER BONDS
The following Drainlayer Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
J. Whyman Construction, 451 Broadway, Lynnfield
Calnan Construction LLC, 17 Reservoir Road, Lynn
(#502) – ORDINANCE AMENDING HOURS OF OPERATION FOR BUSINESS ESTABLISHMENTS, AND REQUIRING A POLICE PRESENCE
The matter of second and final passage of an Ordinance amending the hours of operation for business establishments and requiring a police presence, was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 8 yeas, 3 nays, and 0 absent. Councillors Sargent, O’Keefe, Lovely, Harvey, Flynn, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Leary, Driscoll, and DeToma were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
On the motion of Councillor O’Leary, the meeting adjourned at 8:20 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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