A Regular Meeting of the City Council was held in the Council Chamber on Thursday, July 17, 2003 at 7:50 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on July 11, 2003 at 8:36 A.M.
Councillors Flynn and Bencal were absent.
Council President Thomas H. Furey presided.
Councillor Driscoll moved to dispense with the reading of the record of the previous meeting. It was so voted.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow Mr. Michael Allen to introduce the new Director of the Chamber of Commerce, Mr. Jeff Worthley.
(#558A) – DISCONTINUANCE OF A PORTION OF ROSE STREET, CONTAINING 1,348 SQUARE FEET
A hearing was held on the proposed discontinuance of an unconstructed portion of Rose Street, containing 1,348 square feet, and declaring surplus a 181 square foot parcel abutting the proposed discontinued portion of Rose Street . Notice of this hearing was advertised in the Salem Evening News on July 2, 2003.
Appearing in favor was Attorney John Keilty, representing Gardner Mattress. There was no one recorded as opposed.
Councillor O’Keefe moved that the request be tabled. The motion was defeated by a roll call vote of 2 yeas, 7 nays, 2 absent. Councillors O’Leary and O’Keefe were recorded as voting in the affirmative. Councillors Sargent, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the negative. Councillors Flynn and Bencal were absent.
Councillor Driscoll moved that the hearing be closed. It was so voted.
Councillor Driscoll moved that Parcel “A”, as delineated on the attached plan comprising 1,348 square feet of the unconstructed portion of Rose Street be discontinued. It was so voted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors Flynn and Bencal were absent.
(558B) – DECLARE LAND ABUTTING DISCONTINUED PORTION OF ROSE STREET SURPLUS (181 SQUARE FEET)
Councillor Driscoll introduced the following motion, which was adopted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors Flynn and Bencal were absent.
ORDERED: That the triangular shaped 181 square feet of city-owned land abutting the unconstructed portion of Rose Street and Canal Street, be declared surplus.
#565 – APPT. BARBARA POREMBA TO BOARD OF HEALTH
A communication was received from the Mayor, requesting that the appointment of Barbara A. Poremba to the Board of Health, be held until the September 11, 2003 meeting. It was so voted.
#566 – APPT. MICHAEL BLIER TO CONSERVATION COMMISSION
The Mayor’s appointment of Michael Blier to serve as a member of the Conservation Commission for a term to expire July 1, 2006, was confirmed under suspension of the rules, by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors Flynn and Bencal were absent.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. Blier to speak.
#567 – APPT. ELLEN DIGERONIMO TO PLANNING BOARD
The Mayor’s appointment of Ellen DiGeronimo to serve as a member of the Planning Board, for a term to expire July 1, 2008, was confirmed under suspension of the rules, by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors Flynn and Bencal were absent.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow Ms. DiGeronimo to speak.
#568 – APPT. JOHN A. BORIS TO HOUSING AUTHORITY
The Mayor’s appointment of John A. Boris to serve as a member of the Housing Authority, for a term to expire July 1, 2008, was held until the next meeting under the rules.
#569 – APPT. ROBERT A. DIONNE TO COUNCIL ON AGING
The Mayor’s appointment of Robert A. Dionne to serve as a member of the Council on Aging for a term to expire July 1, 2006, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors Flynn and Bencal were absent.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow Mr. Dionne to speak.
#570 – APPT. DENISE FLYNN TO LICENSING BOARD
The Mayor’s appointment of Denise Flynn to serve as a member of the Licensing Board for a term to expire July 1, 2009, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors Flynn and Bencal were absent.
Councillor O’Leary moved that letters of thanks and City Seals be sent to those members of Board and Commissions that were replaced this evening. It was so voted.
#571 – REAPPT. CONSERVATION COMMISSION
The Mayor’s reappointment of the following to serve on the Conservation Commission, for terms to expire July 1, 2006, was confirmed by a roll call vote of 8 yeas, 0 nays, 3 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors Harvey, Flynn, and Bencal were absent.
Kevin Cornacchio, 6 Beachmont Road
Joseph Furnari, 123 Marlborough Road
#572 – APPT. CONSTABLE
The Mayor’s reappointment of Daniel V. Stanwood, Jr. to serve as a Constable for a term to expire July 1, 2006, was received 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.
Councillor O’Leary moved that the appointment be received and filed.
#573 – APPR. $27,000.00 CAPITAL OUTLAY FOR FIRE DEPT. BACKUP DIGITIZER
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-Seven Thousand Dollars ($27,000.00) is hereby appropriated to the “Capital Outlay Equipment” Account to be expended for the purpose of a back-up Digitizer for the Fire Department in accordance with the recommendation of His Honor the Mayor.
#574 – APPR. CEMETERY BURIAL EXPENSE
The following Order, recommend by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10.000.00) is hereby appropriated from the “Receipts Reserved Cemetery Sale of Lots” Account to the “Cemetery Burial” Account in accordance with the recommendation of His Honor the Mayor.
#575 – APPR. PARK AND RECREATION IMPROVEMENTS
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seven Hundred Dollars ($700.00) is hereby appropriated from the “Receipts Reserved Salem Common” Account to the “Park and Recreation Department Park Improvements” Account in accordance with the recommendation of His Honor the Mayor.
#576 – (#546) - MAYOR’S VETO OF ORDER REQUESTING APPROPRIATION
FOR REPAIR TO LADDER TRUCK
The following Veto was received from the Mayor. No action for 7 days under the Charter.
Ladies and Gentlemen of the Council:
I am returning City Council Order #546 dated June 26, 2003 relative to a request for an appropriation of One Hundred Fifty Thousand Dollars ($150,000) under MGL Chapter 44, Section 33A, to repair ladder truck, VETOED.
As you may be aware, MGL, Chapter 44, Section 33, allows city councils to appropriate funds for purposed not included in the annual budget. I would respectfully remind the members of the council that there is an existing line item within the budget for the lease payment of a ladder truck.
While I recognize the request for a second ladder truck, this community has successfully operated with a single ladder truck for a great number of years.
Finally, the council resolution does not meet the statutory requirements of MGL, Chapter 44, Section 33.
I remain willing to discuss this matter with any member of the City Council.
Sincerely,
s/Stanley J. Usovicz, Jr., Mayor
#577 – EXTENSION OF CONTRACT WITH RIZZO ASSOCIATED FOR ENGINEERING SERVICES
The following Order, recommended by the Mayor, was adopted and referred to the Committee on Administration and Finance by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors Flynn and Bencal were absent.
ORDERED: That the Mayor and City Council hereby authorize the City Purchasing Agent to amend a three-year contract between the City of Salem and Rizzo Associates of Framingham, Massachusetts dated April 16, 1997 for Engineering Services for the reconstruction of Bridge Street. Said amendment will extend this contract to December 31, 2007.
#578 – VETERANS LEASES
A communication was received from the Mayor, submitting various leases for Veterans Headquarters for the period July 1, 2003 through June 30, 2004. The leases were approved by a roll call vote of 8 yeas, 1 present, 2 absent. Councillors Sargent, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting ‘present’. Councillors Flynn and Bencal were absent.
#579 – APPR. CAPITAL OUTLAY PARKING GARAGE REPAIRS
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor DeToma requested and received unanimous consent to suspend the rules.
The Order was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of One Hundred Thousand Dollars ($100,000.00) is hereby appropriated to the “Capital Outlay Repairs and Renovations” Account to be expensed for repairs to the Museum Place Mall Parking Garage in accordance with the recommendation of His Honor the Mayor.
#580 – APPR. CAPITAL OUTLAY FOR CONSTRUCTION OF NEW PIER AT KERNWOOD MARINA
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor DeToma requested and received unanimous consent to suspend the rules.
The Order was adopted under suspension of the rules.
ORDERED: That the sum of Ninety-Seven Thousand Six Hundred Sixty Dollars ($97,660.00) is hereby appropriated to the “Capital Outlay Repairs and Renovations” Account to be expensed for the construction of the new pier at Kernwood Marina in accordance with the recommendation of His Honor the Mayor.
#581 – CITY HALL DROP OFF BOX FOR AFTER-HOURS PAYMENTS, ETC.
Councillor Sargent introduced the following Order, on behalf of President Furey, which was adopted.
ORDERED: That the Committee o Government Services meet to discuss having a mail drop-off box for City Hall so citizens may drop off materials and forms. Representative from various departments like Finance Director, City Clerk, Auditor, Treasurer be invited for their input and advice as to the practicality of a drop off box like Peabody City Hall.
#582 – CONCERNS OF MILTON VORGEAS REGARDING FOREST RIVER CONSERVATION AREA
Councillor Harvey introduced the following Order, on behalf of President Furey, which was adopted.
ORDERED: That the Committee on Public Health, Safety and the Environment meet to discuss the concerns of Mr. Milton Vorgeas, 33 Pickman Road, to his role and responsibility as to the Forest River Conservation Area. Also invite a representative of the Conservation Commission and Mr. James Gilbert, Asst. City Solicitor.
#583 – RAISE COLOMBIAN FLAG AT RILEY PLAZA
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That the Park and Recreation Department fly the Colombian flag over Riley Plaza from Friday, July 18th to Monday, July 21st, 2003, as a gesture of solidarity with native Colombians living in the area, who on Sunday, July 20th, will be celebrating Colombia’s Independence Day.
#584 – ENACT PUBLIC NUISANCE ORDINANCE TO ADDRESS ISSUE OF GANGS
Councillor Driscoll introduced the following Order, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
RESOLUTION:
Whereas, both the Police Department and School Department have identified incidents of gang activity in the City which have created a nuisance, and
Whereas, many of the individuals involved in gang activity are juveniles and/or at-risk youth, and
Whereas, it will serve the public health, safety and welfare to adopt an Ordinance limiting gang activity and the public nuisance created thereby.
Now, therefore, be it ordained as follows: That the attached proposed new ordinance be adopted creating and defining additional activity as a public nuisance.
#585 – CITY COUNCIL REQUEST MAYOR APPROPRIATE $150,000.00 TO FUND REPAIR OF FIRE DEPARTMENT LADDER TRUCK
Councillor Harvey introduced the following Order, which was adopted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors Flynn and Bencal were absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
WHEREAS: The current ladder truck in the Fire Department is in a state of disrepair; and
WHEREAS: Having the ladder truck out of services is a public safety hazard; and
WHEREAS: Funding for the repair of the ladder truck was not included in the fiscal year 2004 annual budget, but there currently is funding to support the repair to the truck in the City’s Capital Outlay Improvement Fund; and
WHEREAS: The City Council deems the 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 ORDERED: That under the provisions of Massachusetts General Laws, Chapter 44, Section 33, the Salem City Council hereby requests that the Mayor submit a written recommendation to the Salem City Council, for an appropriation in the amount of $150,000.00, from the Capital Outlay Improvement Account and./or the Free Cash Account, for the purpose of funding repairs to the Salem Fire Department ladder truck that is currently out of service.
AND BE IT FURTHER ORDERED: that the City Council schedule a Special Meeting sometime during the week of July 28, 2003, to take action on this appropriation.
NOTE: Under M.G.L. Ch. 39, S. 4, this order does not require the Mayor’s signature, and therefore a veto by the Mayor is inapplicable to the proceedings under Chapter 44, Section 33.
#586 – BILLING AND OTHER ISSUES REGARDING KEYSPAN GAS CO.
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the District Representative of Keyspan Energy be invited to attend a meeting of the Committee on Public Health, Safety and Environment to discuss the gas billing process and other issues.
#587 – INCREASE MARRIAGE LICENSE FEE TO $20.00
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the City Council hereby approves an increase in the fee charged for the filing of marriage intentions in the City of Salem from $10.00 to $20.00, effective in accordance with the City Charter.
#588 – (#545) – ORDINANCE INCREASING FEES FOR THE SEALER OF WEIGHTS AND MEASURES
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 amendment to the ordinances relative to Weights and Measures Fees has considered said matter and would recommend the proposed amendment be adopted for first passage as permitted by the Salem City Charter.
#589 – GRANTING 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.
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, September 6, 2003
JUNK DEALER Frederick W. Hutchinson, 15 Robinson Road, Salem
#590 – (#416) – VEHICLE FOR HIRE LICENSE-EARNEST BASS FOR SPOOKY TOURS
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 application for a vehicle for hire license submitted by Earnest W. Bass, Jr. of 513 East Street, Greenville, Tennessee, has considered said matter and would recommend that the matter be reported without a recommendation.
Councillor Harvey amended that the rule close no later than 5:00 P.M. The amendment was defeated by a roll call vote of 4 yeas, 5 nays, 2 absent. Councillors Sargent, O’Leary, Harvey, and Furey were recorded as voting in the affirmative. Councillors O’Keefe, Lovely, Driscoll, DeToma, and Chuber were recorded as voting in the negative. Councillors Flynn and Bencal were absent.
Councillor O’Keefe moved that the license be granted, and that Mr. Bass come back the first meeting of October for review by the Council. The motion was adopted by a roll call vote of 7 yeas, 2 nays, 2 absent. Councillors Sargent, O’Keefe, Lovely, Driscoll, DeToma, Chuber, and Furey were recorded as voting in the affirmative. Councillors O’Leary and Harvey were recorded as voting in the negative. Councillors Flynn and Bencal were absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#591 – (#466) – OCCUPANCY PREMIT FOR PROPERTY AT RAWLINS AND BOSTON STREET
Councillor Bencal offered the following report for the Committee on Government Services. It was voted to accept the report.
The Committee on Government Services to whom was referred the occupancy permit for the property located at Boston and Rawlins Streets has considered said matter and would recommend that the temporary occupancy permit be revoked and not be reissued until the condition set forth by the Board of Appeal are met by the end of the month and a copy of this matter be sent to Assistant City Planner Denise McClure.
Councillor Driscoll moved that all Building permits be revoked if all matters are not resolved by the end of the month. It was so voted.
The recommendation of the Committee was adopted as amended.
#592 – CHAMBER OF COMMERCE INTRODUCTION OF NEW EXECUTIVE DIRECTOR
The introduction of the new Chamber of Commerce Director was taken up earlier.
#593 – REQUEST FOR COUNCIL TO APPROVAL SPECIAL LEGISLATION REGARDING ABANDONED NEWBORN BABIES
A communication from Jean and Michael Morrisey, requesting that the City Council approve special legislation regarding the safe placement of newborns and infants in the City of Salem, was referred to the Committee of the Whole.
#594 – PETITION TO REPEAL U.S. PATRIOT ACT
A communication from Jeremy McKeen of the Bill of Rights Committee, requesting that the City Council adopt a resolution to repeal the U.S.A. Patriot Act, was referred to the Committee of the Whole.
Councillor Driscoll requested and received unanimous consent to suspend the rules to allow Jeremy McKeen to speak.
#595 – JUDY CHAL VENUTO LETTER
A letter from Judith Chal Venuto regarding various issues was referred to the Committee on Government services.
#596 - #599 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAG DAY SHS Girls Soccer, October 5, 2003
TAXI OPERATOR James Chouinard, 10 Collins St. Ct., Lynn
Robert B. Conway, 25 Winter Island Rd., Salem
Alejandro Perez, 324 Chatham St., Lynn
Scott Sarabial, 8 Lathrop Street, Salem
LIMOUSINE Family Car Services, 289 Derby St., Salem (5 vehicles)
PUBLIC GUIDE Brigitta Amsler, 286 Ocean Avenue, Marblehead
Anne Marie McDonald, 11 Whitman St., Weymouth
Nancy Sweeter, 60 Burley St., Danvers
#600 - #601 – DRAINLAYER/CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator license application was granted.
G. Conway, Inc., 8 Bunker Hill, Charlestown
#602 - #604 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Irene P. Murray, 7 Mead Court, Salem
SUBROGATE Atty. Thomas C. O’Keefe, III for Safety Insurance Co., 20
Custom House St., Boston
The Premier Insurance Co., for David N. Carpinella,
P.O. Box 5013, Danvers
#605 - #606 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
CONSTABLE Daniel V. Stanwood, Jr., 77 Leach Street
DRAINLAYER G. Conway, Inc., 8 Bunker Hill, Charlestown
(#550A) – SECOND PASSAGE – ORDINANCE AMENDING FEES FOR USE OF THE SALEM COMMON
The matter of second and final passage of an Ordinance amending the fees for the use of the Salem Common, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe, the meeting adjourned at 10:20 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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