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MINUTES JUNE 26, 2003
        A Regular Meeting of the City Council  held in the Council Chamber on Thursday, June 26, 2003 at 7:28 P.M. for the purpose of transacting any and all business.  Notice of this meeting was posted on June 20, 2003 at 8:45 A.M.

        Council President Thomas H. Furey presided.

        Senior Member Leonard F. O’Leary presided.

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

        President O’Leary requested that everyone please rise to recite the Pledge of Allegiance.

        Councillor Harvey moved to take out of order, under Committee Reports, the Annual Budget.  It was so voted.

#498 – (#431) FISCAL YEAR 2004 ANNUAL BUDGET.

        Councillor DeToma 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 fiscal year 2004 Annual Budget has considered said matter and would recommend that the following Orders be adopted.

#499 – BOARD OF APPEAL

        ORDERED:  That the Annual Appropriations under the authority of the Board of Appeal shall be as follows:                                                                                

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#500 – ASSESSMENTS

        ORDERED:  That only the following item in the Annual Appropriations under Assessments shall be reduced and all others shall remain the same:  

                                                                        REDUCED

        North Shore Regional Vocational School                  $861,952.00


        AND BE IT FURTHER ORDERED:  That the Annual Appropriations under Assessments shall be as follows:       
                                           
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#501 – BOARD OF ASSESSORS

ORDERED:  That the Annual Appropriations under the authority of the Board of Assessors shall be as follows:                                      


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#502 – CEMETERY/OPEN SPACE

ORDERED:  That the Annual Appropriations under the authority of Cemetery/Open Space shall be as follows:

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#503 – CITY CLERK

ORDERED:  That the Annual Appropriations under the authority of the City Clerk shall be as follows:

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#504 – CITY COLLECTOR

        ORDERED:  That the Annual Appropriations under the authority of the City Collector shall be as follows:

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#505 – CONSERVATION COMMISSION

        ORDERED:   That the Annual Appropriations under the authority of the Conservation Commission shall be as follows:

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#506 – CITY COUNCIL

ORDERED:  That the Annual Appropriation under the authority of the City Council shall be as follows:

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#507 – COUNCIL ON AGING

        ORDERED:  That the Annual Appropriations under the authority of the Council on Aging shall be as follows:

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#508 – DATA PROCESSING

ORDERED:  That the Annual Appropriations under the authority of Data Processing (MIS) shall be as follows:

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#509 – DEBT SERVICES

ORDERED:  That only the following items under the Annual Appropriation for Debt Services shall be reduced, and all others shall remain the same.
                                                                        REDUCED

        Debt Services                                           $131,402.00
        AND BE IT FURTHER ORDERED:  That the Annual Appropriations under Debt Services shall be as follows:             

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#510 – ELECTIONS AND REGISTRATIONS

ORDERED:  That the Annual Appropriations under the authority of Elections and Registrations shall be as follows:  

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#511 – ELECTRICAL

ORDERED:  That the Annual Appropriations under the authority of Electrical shall be as follows:


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#512 – FINANCE DIRECTOR

ORDERED:  That the Annual Appropriations under the authority of the Finance Director shall be as follows:

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#513 – FIRE DEPARTMENT

Councillor O’Keefe left the Chamber due to a conflict of interest.

Councillor DeToma moved to reduce the Fire Department salary budget by $595,824.00, leaving a total of $6,018,793.00.  It was so voted by a roll call vote of 6 yeas, 3 nays, 2 absent.  Councillors Lovely, Harvey, Flynn, Driscoll, DeToma, and Chuber were recorded as voting in the affirmative.  Councillors Sargent, O’Leary, and Bencal were recorded as voting in the negative.  Councillors O’Keefe and Furey were absent.

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

Councillor Bencal moved that the vote for the budget reduction be made unanimous.  It was so voted.

Councillor DeToma moved adoption of expenses as submitted by the Mayor.  It was so voted.

The Order reads as follows:

ORDERED:  That only the following items in the Annual Appropriation under the authority of the Fire Department shall be reduced, and all others shall remain the same:

                                                                REDUCED
Personnel Services                                              $595,824.00

AND BE IT FUTHER ORDERED:  That the Annual Appropriations under the authority of the Fire Department shall be as follows:

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#514 – HARBORMASTER

ORDERED:  That the Annual Appropriations under the authority of the Harbormaster shall be as follows:

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#515 – BOARD OF HEALTH

ORDERED:  That the Annual Appropriations under the authority of the Board of Health shall be as follows:


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#516 – HISTORICAL COMMISSION


ORDERED:  That the Annual Appropriations under the authority of the Historical Commission shall be as follows:

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#517 - HUMAN RESOURCES

          ORDERED:  That the Annual Appropriations under the authority of Human Resources shall be as follows:

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#518 - LIBRARY

ORDERED:  That the Annual Appropriations under the authority of the Library shall be as follows:

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#519 – LICENSING BOARD

ORDERED:  That the Annual Appropriations under the authority of the Licensing Board shall be as follows:  

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#520 – MARKET AND TOURIST COMMISSION

ORDERED:  That The Annual Appropriations under the authority of the Market and Tourist Commission shall be as follows:

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#521 – MAYOR

ORDERED:  That the Annual Appropriations under the authority of the Mayor shall be as follows:  

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#522 – PARK & RECREATION

        ORDERED: That the Annual Appropriations under the authority of Park & Recreation shall be as follows:

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#523 – PARKING DEPARTMENT

   ORDERED:  That the Annual Appropriations under the authority of the Parking Department shall be as follows:  

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#524 – PARKING FINES

ORDERED:  That the Annual Appropriations under the authority of Parking Fines shall be as follows:

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#525 – PLANNING BOARD

ORDERED:  That the Annual Appropriations under the authority of the Planning Board shall be as follows:

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#526 – PLANNING DEPARTMENT

ORDERED:  That the Annual Appropriations under the authority of the Planning Department shall be as follows:  

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#527 – POLICE

ORDERED:  That the Annual Appropriations under the authority of the Police Department shall be as follows:

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        Councillors O’Keefe, Lovely, Flynn, and Sargent were recorded as “opposed”.

#528 – PUBLIC PROPERTY

ORDERED:  That the Annual Appropriations under the authority of Public Property shall be as follows:

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#529 – PUBLIC SERVICES

ORDERED:  That the Annual Appropriations under the Authority of Public Services shall be as follows:

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#530 – SEWER ENTERPRISE

ORDERED:  That the Annual Appropriations under SEWER Enterprise Funds shall be as follows:

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#531 – WATER ENTERPRISE

ORDERED:  That the Annual Appropriations under the Water Enterprise Fund shall be as follows:   6122008_124220_32.bmp
#532 – PURCHASING

ORDERED:  That the Annual Appropriations under the authority of Purchasing shall be as follows:


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#533 – SCHOOL DEPARTMENT

   ORDERED:  That the Annual Appropriation for the School Department shall be reduced by the amount of $900,000.00.  

AND BE IT FURTHER ORDERED:  That the Annual Appropriation for the School Department shall be as follows:


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        Councillors O’Keefe and O’Leary were recorded as “opposed”.


#534 – SOLICITOR

ORDERED:  That the Annual Appropriations under the authority of the City Solicitor shall be as follows:

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#535 – TREASURER

        ORDERED:  That only the following items in the Annual Appropriation under the authority of the City Treasurer shall be reduced and all others shall remain the same.
                                                                                REDUCED
                Municipal Insurance                                             $115,000.00

AND BE IT FURTHER ORDERED:  That the Annual Appropriations under the authority of the City Treasurer shall be as follows:           
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#536 – VETERANS AGENT

   ORDERED:  That the Annual Appropriations under the authority of the Veterans Agent shall be as follows:  

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#537 – TOTAL APPROPRIATION

The following Order was adopted by a roll call vote of 9 yeas, 1 nay, 1 absent.  Councillors Sargent, O’Leary, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative.  Councillor O’Keefe was recorded as voting in the negative.  Councillor Furey was absent.

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

ORDERED:  That the aggregate fiscal 2004 operating budget, recommended by the Mayor in the amount of $ 93,198,515.00 is hereby adopted in the amount of $90,594,337.00

           AND BE IT FURTHER ORDERED:  That the adopted fiscal 2004 operating budget be funded from property taxes, state aid, and non-property tax revenues when the fiscal year 2004 tax rate is set.

#538 – TOTAL SEWER ENTERPRISE

The following Order was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent.  Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative.  Councillors O’Leary and O’Keefe were recorded as voting in the negative.  Councillor Furey was absent.

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

 ORDERED:    That the Sewer Enterprise Fund Fiscal Year 2004 Operating Budget, recommended by the Mayor in the amount of $ 6,840,536.00 is hereby adopted in the amount of $6,840,536.00

          AND BE IT FURTHER ORDERED:  That the adopted fiscal year 2004 Sewer Enterprise Fund Operating Budget be funded from sewer rates, state aid, and non-sewer revenues when the fiscal year 2004 Sewer rate is set.

#539 – TOTAL WATER ENTERPRISE

The following Order was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent.  Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative.  Councillors O’Keefe and O’Leary were  recorded as voting in the negative.  Councillor Furey was absent.

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

 ORDERED:  That the Water Enterprise Fund Fiscal Year 2004 Operating Budget, recommended by the Mayor in the amount of $ 2,788,408.00 is hereby adopted in the amount of $2,788,408.00

AND BE IT FURTHER ORDERED:  That the adopted fiscal year 2004 Water Enterprise Fund Operating Budget be funded from water rates, state aid, and non-water revenues when the fiscal year 2004 Water rate is set.
#540  - #541 – EXECUTIVE SESSION WITH SOLICITOR TO DISCUSS SALEM HARBOR STATION AND SPECIAL EDUCATION LITIGATION

        Councillor Flynn moved to take out of order, under Communications from City Officials, the request from Solicitor John Keenan, to hold an Executive Session to discuss a property tax valuation update as it pertains to the Salem Harbor Power Station, and to also discuss a special education litigation settlement.  It was so voted

        Councillor Flynn moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session, and at the end of the Executive Session, the regular meeting will continue.  It was so voted by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative.  Councillor Furey was absent.

        See end of meeting for minutes of Executive Session.

        Following the Executive Session, Councillor Flynn moved that the regular meeting be continued.  It was so voted.

#542 – (#456) - APPT. JOHN BORIS TO LICENSING BOARD, WITHDRAWAL BY MAYOR

        A communication received from the Mayor, withdrawing the appointment of John A. Boris to the Licensing Board, was received and filed.

#543 – APPT. BARBARA POREMBA TO BOARD OF HEALTH

        The Mayor’s appointment of Barbara A. Poremba to serve on the Board of Health for a term to expire June 1, 2006, was held until the next meeting under the rules.

#544 – APPR. HARBORMASTER VEHICLE MAINTENANCE

        The following Order, recommended by the Mayor, was adopted under suspension of the rules.

        ORDERED:  That the sum of Five Thousand Nine Hundred Eight-Four Dollars ($5,984.00) is hereby appropriated from the “Receipts Reserved Harbormaster” Account to the “Vehicle Maintenance” Account in accordance with the recommendation of His Honor the Mayor.

#545 – ORDINANCE AMENDING FEES FOR DEPT. OF WEIGHTS & MEASURES

        The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.

In the year two thousand three

An Ordinance to amend an Ordinance relative to Weights and Measures fees.

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

Section 1.  Chapter 48, Section  1 of the Salem Code of Ordinances are hereby amended by deleting this section in its entirety and inserting thereof the following:

Sealing:
        Scale w/ capacity over 10,000 pounds                    $200.00
        Scale w/ capacity 5,000 – 10,000 pounds         $200.00
        Scale w/ capacity 1,000 – 5,000 pounds                  $150.00
        Scale w/ capacity 100 – 1,000 pounds                    $  50.00
        Scale w/ capacity 10 – 100 pounds                       $  35.00
        Scale w/ balances under 10 pounds                       $  25.00
Weights:
        Avoirdupois, each                                               $   3.00
        Metric, each                                                    $   3.00
        Apothecary, each                                                $   3.00
        Troy, each                                                      $   3.00
Capacity Measures:
        Each indicator (vehicle tanks)                          $ 10.00
        Each 100 gallons or fraction thereof (V.T.)              $  5.00
Liquid:
        One gallon or less                                              $   2.00
Liquid capacity measure of capacity of more than
1 gallon and measures on pumps                          $   2.00
        Gasoline pumps (each hose) motor tested         $ 30.00
Liquid measuring meters:
        Oil, grease                                                     $   6.00
        Gasoline                                                        $  30.00
        Vehicle tank pump                                               $110.00
        Vehicle tank gravity                                            $110.00
        Bulk storage                                                    $210.00
                Company supplies prover                                 $110.00
        Pumps:
                Each stop on pump                                               $   2.00
        Other devices:
                Taximeters                                                      $ 25.00
                Odometer-hubodometer                                    $ 20.00
                Leather measure (semiannual)                            $ 10.00
                Fabric measuring                                                $ 10.00
                Wire, rope, cordage                                             $ 10.00
        Linear Measurers:
                Yardsticks                                                      $   3.00
                Tapes                                                           $   3.00
        Miscellaneous:
                Milk jars (per gross)                                           $ 25.00
                Dry measures                                            $   1.00
                Adjusting, repairs, special facilities                  $  10.00
                Christmas tree permits                                  $100.00
Section II.  This Ordinance shall take effect as provided by City Charter.

#546 – RESOLUTION-REQUEST APPROPRIATION FOR FIRE LADDER TRUCK, UNDER M.G.L. CH. 44, SEC. 33A

        Councillor O’Keefe left the Chamber due to a conflict of interest.

        Councillor Harvey, in conjunction with all Councillors, introduced the following Resolution, which was adopted by a roll vote of 9 yeas, 0 nays, 2 absent.  Councillors Sargent, O’Leary, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative.  Councillors O’Keefe and Furey were absent.

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

RESOLUTION:

Whereas:  The current ladder truck in the Fire Department is in a state of disrepair; and

Whereas:  Having the ladder truck out of service is a public safety hazard; and

Whereas: There is funding to support the repair to the ladder truck in the City’s Capital Improvement Fund; and

Whereas:  The Council deems repair of the ladder truck to be necessary, especially considering cut backs in surrounding communities which impact their ability to provide mutual aid.

NOW, THEREFORE, BE IT RESOLVED:  that the Salem City Council hereby recommends that an appropriation of $150,000.00 for repair to the ladder truck be transmitted to the Council at the next regularly scheduled Council meeting pursuant to MGL Chapter 44, Section 33A.

#547 – COUNCIL SUPPORT OF CURRENT FIRE DEPARTMENT STAFFING LEVELS

        Councillor Bencal, in conjunction with all Councillors, introduced the following Order, which was adopted.

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

        ORDERED:  That the City Council go on record in support of maintaining Fire Department staffing at 84 firefighters.  In the event of a firefighter leaving the department, that the firefighter be immediately replaced.

        Councillor O’Keefe returned to the Chamber.

#548 – RESOLUTION – CLIMATE PROTECTION

        Councillor Harvey introduced the following Resolution, which was adopted.

RESOLUTION:

Whereas:  The City of Salem as a participant in Cities for Climate Protection, has joined other municipalities across the world in committing to reduce greenhouse gas emissions within our City borders; and

Whereas:  The City of Salem supports the meaningful state efforts in reducing greenhouse gas emissions and the growing dangers of climate change that threatens our public health, environment and economy; and

Whereas:  The citizens of the Commonwealth are relying on our state to seriously address climate change, in order to preserve the quality of life for all residents.

NOW, THEREFORE, BE IT RESOLVED:  that the City of Salem urges Governor Romney to release a comprehensive State Climate Action Plan to achieve the goals of protecting the environment and the health of our state and its citizens.

AND BE IT FURTHER RESOLVED:  That a copy of this Resolution be forwarded to Governor Mitt Romney and Mr. Douglas I. Foy, Chief of Commonwealth Development.

#549 – CLOSING OF PEABODY/ESSEX MUSEUM PUBLIC WALKWAY

        Councillor Driscoll introduced the following Order, which was adopted.

        ORDERED:  That the representatives of the Peabody Essex Museum and the Planning Board meet with the Committee on Community and Economic Development to discuss the status of the public walkway through the new addition to the Peabody Essex Museum.

#550 – (#413) – INCREASE OF FEES FOR USE OF SALEM COMMON

        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 for first passage.

        The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred an Ordinance to amend the fees for the use of the Salem Common has considered said matter and would recommend adoption of the attached Ordinance for first passage, as amended by the Committee.

#550A – ORDINANCE AMENDING FEES FOR USE OF THE SALEM COMMON, ADMINISTERED BY PARK & RECREATION DEPARTMENT

In the year two thousand and three

An Ordinance to amend an Ordinance relative to Fees for the use of the Salem Common

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

Section 1.  Chapter 26, Article III, Salem Common Use Policy, is hereby amended by deleting under Section 26-73, Fee Schedule, items (1) through (10) and inserting in place thereof, the following:


EVENT                                                           RESIDENTS         NON-RESIDENTS

Wedding
$50.00
$100.00
Road Race
$75.00
$100.00
Vigil
$75.00
$125.00
Non-Profit
$100.00
$150.00
Ceremony (service, mass, celebration of any denomination)
$0
$0
Non-Ceremonial event (fundraiser, social gathers, not involving a celebration of faith)
$50.00
$100.00
Concert (excl. summer series)
$75.00
$125.00
Bike Race
$125.00
$200.00
Craft Fair
$200.00
$250.00
Community Event (commercial)
$250.00
$300.00
City Events
$0
$0

Section 2.  Chapter 26, Section 26-73, Fee Schedule, is hereby further amended by renumbering (11) to (12).

Section 3  Chapter 26, Section 26-73, Fee Schedule, is hereby further amended by adding the following:

(d)     Overtime Fees:  The Park and Recreation Superintendent will make the decision on the number of city workers required per event.

Deposit:  The Park and Recreation Department will hold a $250.00 damage deposit until inspection of the Common following event.  Additional charges may be accessed if further damage is found.  

Trash: All trash must be placed in plastic bags and placed in receptacle for the city to pick-up.

Violations:  Any violation of these regulations will result in the immediate termination of the permit, and the event shall immediately cease and leave the Common.  No refund of deposit shall be granted.

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

#551 – (#481 - #494) – 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.

TAG DAY                 S.H.S. Ice Hockey, November 22, 2003

TAXI OPERATOR           Russell Shafer, 8 Dana Rd., Peabody
                                Rudy Rosario, 25 Ward St., Salem

PUBLIC GUIDE            Heather Bellegarde, 300 Essex St., Salem
                                Judith Eidelman, 8 Long View Dr., Marblehead
                                Carole A. Hartling, 37 Peach Highlands, Marblehead
                                Alice Hernandez, 649 Plymouth St., Holbrook
                                Merrill Kohlhfer, 44 Beaver St., Salem
                                James McAllister, 86 Federal St., Salem
                                Ann R. McDonald, 95 Audubon Rd., Wakefield
                                Helen M. Medler, 1 Gallows Hill Rd., Salem
                                Bruce Rateman, 108 Water St., Danvers
                                William Sano, 35 Daniels St., Salem
                                Herb Van Dam, 361 Lafayette St., Salem
                                Allen Winecour, 161 Garland St., Everett

#552 – (#424) – SPECIAL MUNICIPAL EMPLOYEE ROBERT WEINER

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs.  It was voted to accept the report.

        The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the Mayor’s appointment of Attorney Robert N. Weiner as a Special Municipal Employee has considered said matter and would recommend approval.

        Councillor Harvey moved that the matter be referred to the Committee on Public Health, Safety and the Environment.  The motion was defeated.

        Councillor O’Keefe moved the question.  It was so voted.

        The recommendation of the Committee was adopted.

        Councillor Harvey served notice of reconsideration at the next meeting.  Councillor Harvey withdrew his intention to reconsider.

#553 – (#450) – CONFIRMATORY DEED FOR PROPERTY AT 90 MEMORIAL DRIVE

        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 a confirmatory deed for the property at 90 Memorial Drive has considered said matter and would recommend approval.

#554 – (#225) – ORDINANCE AMENDING CLAIMS, NON-PAYMENT OF TAXES AND FEES

        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 an Ordinance relative to Claims against the City has considered said matter and would recommend adoption of the attached Ordinance for second passage, as amended by the Committee.

        The Ordinance reads as follows:

(#225) - ORDINANCE AMENDING CLAIMS, NON-PAYMENT OF TAXES AND FEES

        In the year two thousand and three

        An Ordinance to amend an Ordinance relative to Claims against the City of Salem

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

Section 1.  Chapter 2, Section 1781 is hereby amended by adding the following:

        Prior to the City Council considering any claim, the City Collector, Parking Clerk, or any other official designated to collect fees and/or taxes due the City of Salem, shall notify the City Council of any monies overdue the City by the claimant.  Further, the City Council shall not approve any settlement until all delinquent taxes and/or fees have been paid by the claimant, to the City of Salem.

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

#555 – (#461) – APPR. SCHOOL SPECIAL EDUCATION TUITION

        Councillor DeToma offered the following report for the Committee on Administration and Finance.  It was voted to accept the report and adopt the recommendation.  Councillor Driscoll was recorded as “opposed”.

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

        The Committee on Administration and Finance to whom was referred an Appropriation of $125,000.00 from Free Cash to School Special Education Tuition, has considered said matter and would recommend approval.

#556 – DECLARE PROPERTY AT 136 HIGHLAND AVE. SURPLUS

        A communication was received from City Solicitor John Keenan, requesting that the property at 136 Highland Avenue be declared surplus, and authorize the Director of Public Property to sell the property by sealed bid.  Councillor O’Keefe moved that the request be adopted.  It was so voted.

#557 – LICENSE TO USE PORTION OF PACIFIC STREET

        A communication was received from City Solicitor John Keenan, requesting Council approval of a license to allow the use of an unconstructed portion of Pacific Street.  Councillor Driscoll moved that the request be adopted.  It was so voted.

#558 – DISCONTINUANCE OF A PORTION OF ROSE STREET, ABUTTING GARDNER MATTRESS

        A hearing was ordered for July 17, 2003, on the petition of Attorney John Keilty, representing Gardner Mattress, requesting the discontinuance of an unconstructed portion of Rose Street, containing 1,348 square feet.

        WHEREAS, in the opinion of the City Council the public necessity and convenience required that a public street or way called “Unconstructed portion of Rose Street” should be discontinued as a highway of the city from the westerly sideline of Canal Street immediately adjacent to 254 Canal Street (Map 32, Lot 40) to the fence of the Marblehead branch of the B & M railroad as shown on plans entitled “Plan of Land in Salem, MA, prepared for Gardner Mattress Corporation, dated September 5, 2002”, “Plan of Rose Street, dated January 10, 1911” and “Proposed Extension of Canal Street dated August, 1927”, said plans on file in the office of the City Clerk,  it is therefore hereby:

ORDERED, that due notice be given to parties of interest as listed on an abutters list prepared by the Salem Assessors office, and all other of interest, that the City Council intends to discontinue the highway before mentioned, and to take therefore a portion of that land and discontinue that portion of said street in said city; and that Thursday the 17th day of July 2003, at 7:00 P.M., at City Hall, Salem, is appointed as the time and place for a public hearing in the matter.

#559 - #562 – LICENSE APPLICATIONS

        The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs, excluding the tag day for Salem High Golf Team on June 28, 2003.

        Councillor O’Keefe moved approval of the June 28, 2003 tag day.  It was so voted.

PUBLIC GUIDE            Robert Anthony, 37 Boardman St., Salem
                                Audrey R. Goldstein, 112 Valley Rd., Needham
                                Michael Kuhn, 55D Beckett Pl., Marblehead
                                Joel Salloway, 35 Amherst Rd., Beverly
                                Helen Murray, 54B Brackett Pl., Marblehead
                                David Noonan, Jr., 59 North River Rd., Scituate
                                Robert Woodward, 56 Hatherly St., Rockland              
                                
TAG DAY                 S.H.S. Marching Band, December 6, 2003
                                S.H.S. Golf Team, June 28, 2003
                                S.H.S. Golf Team, September 6, 2003

#563 – CLAIM

        The following Claim was referred to the Committee on Ordinances, Licenses, and Legal Affairs.

        Alan Gilbert, 66 Auburndale Road, Marblehead

#564 – SIGN BOND

        The following sign bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
        B. F. Goodstitch, LTD, 18 Front Street

(#429) – SECOND PASSAGE – ORDINANCE AMENDING POSITION OF ASSISTANT TREASURER/COLLECTOR

        The matter of second and final passage of an Ordinance amending the position and salary of the Assistant Treasurer/Collector, was then taken up.  The Ordinance was adopted for second and final passage.

(#463) – ORDINANCE AMENDING HAWKERS, PEDDLERS, AND SOLICITORS, HOURS OF OPERATION

        The matter of second and final passage of an Ordinance amending Hawkers, Peddlers, and door-to-door Soliciting, amending the hours of operation, was then taken up.  The Ordinance was adopted for second and final passage.



        On the motion of Councillor O’Keefe, the meeting adjourned at 10:07 P.M.





ATTEST:                                 DEBORAH E. BURKINSHAW           
                                                CITY CLERK