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MINUTES NOVEMBER 6, 2003
        A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 6, 2003 at 7:00 P.M. for the purpose of transacting any and all business.  Notice of this meeting was posted on October 31, 2003 at 9:05 A.M.

        Councillors Harvey and Sargent arrived late.

        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.

#773 – APPT. MICHAEL P. TAYLOR TO COMMISSION ON DISABILITIES

        The Mayor’s appointment of Michael P. Taylor to serve as a member of the Commission on Disabilities, for a term to expire January 11, 2004, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors O’Leary, O’Keefe, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative.  Councillor Sargent was absent.

        Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Mr. Taylor to speak.

        Councillor O’Leary moved that a letter and City Seal be sent to Jennifer Berube.  It was so voted.


#774 – APPR. HARBORMASTER VEHICLE REPAIR AND MAINTENANCE

        The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.

        ORDERED:  That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Receipts Reserved Harbormaster” Account to the “Harbormaster Vehicle Repair and Maintenance” Account in accordance with the recommendation of His Honor the Mayor.



#775 – APPR. CEMETERY BURIAL

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

        ORDERED:  That the sum of Three Thousand Three Hundred Sixty Dollars ($3,360.00) is hereby appropriated from the “Receipts Reserved Sale of Vaults” Account to the “Cemetery Burial” Account, in accordance with the recommendation of His Honor the Mayor.

#776 – EASEMENT WITH MASS. ELECTRIC COMPANY FOR CARLTON SCHOOL ON SKERRY STREET

        The following Order, recommended by the Mayor, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors O’Leary, O’Keefe, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative.   Councillor Sargent was absent.

        ORDERED:  That the Mayor is hereby authorized to execute a perpetual Grant of Easement going from the City of Salem to the Massachusetts Electric Company for consideration of One Dollar ($1.00) to install, construct, reconstruct, repair, replace, add to, maintain and operate for the transmission of high and low voltage electric current for the transmission of intelligence, an “Overhead and Underground Electric Distribution System” and transformer to support the Carlton School located at 10 Skerry Street, Salem, Massachusetts.

#777 – SPECIAL VARIANCE FOR CONSTRUCTION WORK ON VETERANS DAY FOR DIMEO CONSTRUCTION AT SALEM STATE COLLEGE

        The following Order was received from the Mayor after the deadline of Tuesday Noon.  Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.

        The following Order, recommended by the Mayor, was adopted contingent upon all employment on Veteran’s Day shall be voluntary and that Dimeo Construction Company and or their subsidiaries and/or subcontractors shall not retaliate against any employee that chooses not to work on this day.

#778 – ADMINISTRATION AND FINANCE MEET WITH SCHOOL BUSINESS MANAGER TO DISCUSS CURRENT SCHOOL BUDGET

        Councillor Bencal introduced the following Order, which was adopted.

        
ORDERED:  That the School Department Business Agent brief the City Council’s Committee on Administration and Finance on the budget status of the School Department.

#779 – AMENDMENT TO RULES AND ORDERS, DELETE “CUSHING’S MANUAL” AND INSERT “ROBERT’S RULES OF ORDER”

        Councillor Chuber introduced the following Order.  No action until the next meeting under the rules.

        ORDERED:  That section 36 of the Rules and Orders of the City Council be amended by deleting reference to “Cushing’s Manual” and inserting in place thereof “Robert’s Rules of Order.”

#780 – FINANCIAL REPORTING OF ALL CITY COSTS ASSOCIATED WITH HALLOWEEN

        Councillor Lovely introduced the following Order, which was adopted.

        ORDERED:  That the Mayor and/or the Finance Director provide a complete accounting of all costs and receipts related to the recent Haunted Happenings and Halloween events between the dates of October 9 and November 2.  Salem accounting to include Police, Fire, DPW, Parking, Electrical, Park and Recreation, and any department that incurs any expenses related to Halloween.  

        AND BE IT FURTHER ORDERED:  That the Mayor and Finance Director provide an accounting of any ancillary costs associated with these and other community events that may occur over the course of the year.  And that the City Council be provided with said accounting report within thirty (30) days.

#781 – SOLICITOR’S OPINION REGARDING APPLICABILITY OF TOURISM EXCISE TO NON-PROFITS

        Councillor Bencal introduced the following Order, which was adopted.

        ORDERED:  That the City Solicitor provide the City Council with an advisory opinion on the applicability of the excise, voted on by the voters on November 4, 2003, toward non-profits such as the Peabody Essex Museum, House of Seven Gables, etc.



#782 – 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 approval.

FORTUNETELLING  Gloria Ward, 12 Pearl Street, Salem
                                Linda Weinbaum, 18 Hancock Street, Salem

PUBLIC GUIDE            Audrey R. Goldstein, 112 Valley Road, Needham
                                Anne Marie McDonald, 11 Whitman St., Weymouth

SECOND HAND
CLOTHING                        Samantha’s Boutique, 205 Essex St., Salem

SECOND HAND
VALUABLES                       Antiques at Museum Place, Museum Place Mall
                                Army Barrack, 234 Essex St., Salem
                                The Consignery, 193 Jefferson Ave., Salem
                                Salem Used Furniture, 107 ½ Bridge St.                  
                                Saccon Jewelers, 131 Essex St., Salem

TAXI CAB                        Tri-City Services, Inc., 55R Walnut St., Peabody

#783 – (#746) – APPR. WINTER ISLAND HANGAR

        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 an appropriation of $8,820.57 from “Capital Outlay Repairs and Renovations” for the completion of the repair to the roof of the Winter Island hangar has considered said matter and would recommend approval.

#784 – (#747) – PARK & RECREATION CONTRACTED SERVICES

        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 Bencal was recorded as “opposed”.

        The Committee on Administration and Finance to whom was referred an Appropriation of $5,000.00 from Golf Course Receipts Reserved to Park and Recreation Contracted Services has considered said matter and would recommend approval.

#785 – (#749) – (#750) – TRANSFERS FOR PUBLIC SERVICES CONTRACTED SERVICES

        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 two (2) transfers in the amount of $5,000.00 from Public Services Salary Accounts to “Public Services Contracted Services” has considered said matter and would recommend approval.

#786 – (#748) – TRANSFER FOR PUBLIC SERVICES CONTRACTED SERVICES

        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 Harvey was recorded as voting “present”.  Councillor O’Leary was recorded as “opposed”.

        The Committee on Administration and Finance to whom was referred a transfer of $15,000.00 from “Public Services Salaries” to “Public Services Contracted Services” has considered said matter and would recommend approval.

#787 – LEGISLATION REGARDING SECOND HAND MOTOR VEHICLE PARTS

        A communication from Attorney Daniel N. Turcott, regarding second hand motor vehicle parts, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.



#788 - #797 – LICENSE APPLICATIONS

        The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.

PAWNBROKER              Salem Loan & Jewelry, 33 New Derby St.

PUBLIC GUIDE    Brigitta Amsler, 286 Ocean Ave., Marblehead
                        Alexandra Miranda-Naon, 24 Pearl St. #2, Marblehead
                        Ruth Wall, 13 Crombie St., Salem

SEAWORM         Analiano Silva, 25 Driscoll St., Peabody
                        Manuel N. Silva, 80 Northend St., Peabody

SECOND HAND     Boston St. Resale, 134 ½ Boston St., Salem              
CLOTHING                        

SECOND HAND     Marine Arts Gallery, 135 Essex St.
VALUABLE                R J Coins, 72 Wharf St.
                        Tobie’s Jewelry, 142 Washington St.
                        Salem Loan & Jewelry, 33 New Derby St.
                        Rich’s Second Hand Store, 94 Boston St.
                                
TAXI OPERATOR   Robert J. Corriveau, Jr., 78 Endicott St., Peabody
                        Arsenio DeLaRosa, 24 South St., Salem
                        Jamie Lopez, 6 Franklin St., Lynn
                        Felipo Lugo, 74 Dane St., Beverly
                        Diegoclia Pacheco, 4 Dalton Ct., Peabody
                        Rene Payero, 19 Park St., Salem
                        Gary P. Richard, 4 Mill St., Peabody
                        Peter Saffos, 245 Cabot St., Beverly

TAG DAY                 S.H.S. Girls & Boys Basketball Boosters, Jan. 17, & Feb. 7, 2004
                                Franco-American War Vets Post 10, May 14, 2004
                                S.H.S. Track, Dec. 13, 2003 & Jan. 10, 2004

VEHICLE
FOR HIRE                Moby Duck, 75 Essex Ave., Gloucester                    
                                (2 Amphibious Vehicles, 5 Operators)
                        James E. Dominick, 75 Essex Ave., Gloucester
                        Peter Grew, 6 Kent Cir., Gloucester
                        Ronald Morin, 1 Pinewood Rd., Manchester
                        William C. Murphree, P.O. Box 893, Salem
                        Joseph E. Yodjas, 2001 83rd Ave. North St., Petersburg, FL

#798 - #799 – CLAIMS

        The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.

                Virginia M. Russell, 148 Hobart Street, Danvers
                Judy L. Herwig, 6 Carrollton Street, Salem


(#756) – ORDINANCE, TRAFFIC, SEC. 10, ONE WAY STREET, NICHOLS STREET

        The matter of second and final passage of an Ordinance amending Traffic, One Way Street, Nichols Street, was then taken up.  The Ordinance was adopted for second and final passage.





        On the motion of Councillor O’Leary, the meeting adjourned at 7:35 P.M.




ATTEST:                                         DEBORAH E. BURKINSHAW
                                                        CITY CLERK