A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 8, 2004 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 2, 2004, at 10:41 A. M.
All Councillors were present.
Council President Leonard F. O’Leary presided.
Councillor Corchado 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.
#1 – REAPPT. PHILIP BURKE ,CEMETERY COMMISSION
The Mayor’s reappointment of Philip Burke to serve as member of the Cemetery Commission, for a term to expire December 11, 2006, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
#2 – REAPPT. CHARLES REARDON, COMMISSION ON DISABILITIES
The Mayors reappointment of Charles Reardon to serve as a member of the Commission on Disabilities for a term to expire December 11, 2006, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Mr. Reardon to speak.
#3 – APPT. GREGORY BUTTERS, CONSTABLE
The Mayor’s appointment of Gregory Butters to serve as a Constable, was received and filed.
#4 – APPR. CEMETERY – BURIAL
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 Vaults” Account to the “Cemetery – Burial” Account in accordance with the recommendation of His Honor the Mayor.
#5 – FIRST AND SECOND PASSAGE OF AN ORDINANCE, RELATIVE TO SUNDAY LIQUOR STORE LICENSES
The following Ordinance, was recommended by the Mayor.
Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Harold Blake, Chairperson of the Licensing Board, to speak.
Councillor Lovely read a letter into the record from the Salem Chamber of Commerce.
The Ordinance was adopted for first passage by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Keefe moved to confirm the declaration of emergency to adopt the Ordinance for second and final passage due to the loss of revenue for local businesses by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Ordinance was adopted for second and final passage by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
In the year two thousand and four
An Ordinance to amend an Ordinance relative to Business Activities on Sundays
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14, Business Licenses and Fees, Article III, Business Activities, Section 195, Exceptions is hereby amended by adding the following subsection after subsection (51)
(52) The operation of liquor stores licensed under section 15 of chapter 138 under a Permit for Sunday Sales issued by the Licensing Board.
Section 2. Chapter 14, Business Licenses and Fees, Article III, Business Activities is hereby amended by adding the following section:
Section 14-197 In accordance with subsection 52 of section i6 of chapter 136 of the General Laws as amended by section 31 of chapter 141 of the Acts of 2003, the City of Salem hereby allows the operation of permit sales by licensees licensed under section 15 of chapter 138 of the General Laws to operate seven days per week, but in no event shall a licensee in the city of Salem be required to operate seven days per week. The licensing board is hereby authorized to issue a Permit for Sunday Sales to all licensees under section 15 of chapter 138 of the General Laws in accordance with chapter 138 of the General Laws as amended by Chapter 141 of the Acts of 2003.
Section 3. This ordinance shall take effect as provided by City Charter.
#6 – (#821 of 2003) – MAYOR’S VETO OF AN ORDINANCE RE: PARENTAL/GUARDIAN RESPONSIBILITY
The Mayor’s Veto of an Ordinance relative to Parental/lGuardian Responsibility for Minors was received. No action for seven days under the Charter.
#7 – COMMITTEE ON ADMINISTRATION AND FINANCE MEET TO DISCUSS TAX BILLS
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance meet to discuss the City’s tax bill contractor MUNIS, to decipher why tax bill information is chronically mailed out incorrectly.
Be it further Ordered that the Chief Assessor, Budget Director, Mayor and Councillors be invited.
#8 – EXTENDED HOURS FOR THE CITGO STATION ON NORTH STREET
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Citgo Station located on North Street be allowed to remain open until midnight until January 31.
Further, that the proprietors of this business shall insure that no loitering or excessive noise be allowed.
# 9 – COMMITTEE ON ADMINISTRATION AND FINANCE MEET RE: SNOW REMOVAL EQUIPMENT
Councillor Pelletier introduced the following Order.
ORDERED: That the Committee on Administration and Finance meet with the Director of Public Services, his Assistants Bill Merrill and Joseph Nerden, the Finance Director and Purchasing Agent regarding snow removal equipment.
Councillor Harvey moved that all Councillors be invited and that the City Council get an opinion from the City Solicitor. It was so voted.
Councillors Furey and O’Keefe were recorded as “opposed”.
The Order was adopted as amended.
Councillors Furey and O’Keefe were recorded as “opposed”.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the Committee on Administration and Finance meet with the Director of Public Services, his Assistants Bill Merrill and Joseph Nerden, the Finance Director and Purchasing Agent regarding snow removal equipment.
And be it further ordered that all Councillors be invited and that the City Council get an opinion from the City Solicitor.
#10 – CITY ENGINEER GIVE REPORT RE; CHAPTER 90 FUNDS
Councillor Lovely introduced the following Order.
ORDERED: That the City Engineer/DPW Director coordinate with the Finance Director to produce a detailed accounting report of all Chapter 90 funds received for the past six (6) fiscal years and what and how all Chapter 90 funds have been expended during the same period. Said report to include all streets, sidewalks that have been repaired and any and all equipment purchased and or leased with said funds. And that the matter be referred to the Committee on Administration and Finance. Also that the report be filed with the Administration and Finance Committee within 30 days.
Councillor Bencal amended to include the amount spent for consultant services. It was so voted.
Councillor O’Keefe amended to include the number of cubic yards bituminous concrete on all streets and sidewalks by street name. It was so voted.
The Order was adopted as amended and shall now read as follows:
ORDERED: That the City Engineer/DPW Director coordinate with the Finance Director to produce a detailed accounting report of all Chapter 90 funds received for the past six (6) fiscal years and what and how all Chapter 90 funds have been expended during the same period. Said report to include all streets, sidewalks that have been repaired and any and all equipment purchased and or leased with said funds. And that the matter be referred to the Committee on Administration and Finance. Also that the report be filed with the Administration and Finance Committee within 30 days. Also include any and all monies to pay for consultant fees. And number of cubic yards of bituminous concrete on all streets and sidewalks by street name.
#11 – COMMITTEE MEET RE: CITGO STATION , NORTH STREET, EXTENDED HOURS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Citgo Station located on North Street be allowed to remain open until midnight indefinitely provided that the proprietor, or their designee, insures that loitering is not allowed and that the public peace is not disturbed.
And that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs.
#12 – FIRST PASSAGE OF AN ORDINANCE, AMENDING TRAFFIC, HANDICAP PARKING, BARTON STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and four
An Ordinance to amend an Ordinance relative to traffic, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, is hereby amended by adding the following:
“Barton Street, in front of #4 for a distance of twenty (20) feet. “Handicap Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#13 – (#883 - #890) - 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 approval.
FORTUNETELLING Diana McKanas, 86D Wharf St.
Fatima Mitchell, 6 Hawthorne Blvd.
Tammy Mitchell, 6 Hawthorne Blvd.
FORTUNETELLING Pyramid Books, 214 Derby St.
STORE Employees: Beverly Andersen, 216 Lafayette St.
Doug Johnson, 116 Lafayette
MaryBeth Bruce, 26 Beacon St., Burlington
PUBLIC GUIDE Allen Winecour, 161 Garland St., Everett
SEAWORM Manuel Curruca, 12 Union St, Peabody
John M. Silva, 10 Almeda St., Salem
SECOND HAND Compliments Resale Boutique, 132 Boston St.
CLOTHING
TAXI OPERATOR Carlos Costa, 105 Wardsworth St., E. Boston
Russell Lawton, Jr., 7 Milk St., Salem
Rudy Rosario, 25 Ward St., Salem
LIMOUSINE Tri-City Services Inc., 55 R Walnut St., Peabody
(2) Limos
#14 – COMMUNICATION FROM SALEM/BEVERLY WATER SUPPLY BOARD RE: WATER USED BY SALEM AND BEVERLY
A communication from the Salem/Beverly Water Supply Board regarding the water used by Salem and Beverly, was received and filed.
#15 – REQUEST FROM SALEM STATE, WELLNESS CENTER TO HOLD A ROAD RACE
A request from Salem State College Wellness Center to hold a 5K Road Race on April 25, 2004, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#16 – #22 - LICENSE APPLICATIONS
The following licenses were referred to the Committee on Ordinances, Licenses and Legal Affairs.
FORTUNETELLING Debbie Mitchell, 6 Hawthorne Blvd.
Shawn Poirier, 64 Beaver St.
JUNK DEALER Isaac Talkowski & Son, 18-24 Phillips St.
PUBLIC GUIDE Robert W. Anthony, 37 Boardman St.
SECOND HAND Same Day Service, 2 Mason St.
VALUABLE
TAG DAY S.H.S. Girls Track, February 28, 2004
TAXI OPERATOR Cecilia Betances, 18 Lawton Ave., Lynn
Edward M. Bielski, 2 Flint S., Boston
James Cloutman, 19 Rainbow Terr., Salem
John G. Mealey, 30 Grant St., Beverly
Genaro Roman, 24 Ward St., Salem
James R. Roy, 4 Loring Ave., #3, Salem
Jeffrey Schafer, 8 ½ Daniels St., Salem
TAXI CAB Salem Taxi, 201 Washington St., Salem
#24 – DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS
The following Drainlayer/Contract Operator license applications were received:
Advanced Industries, Inc, 106 Oakville St., Lynn
Bartlett & Steadman Co., Inc. R67 Village St., Marblehead
Caruso & McGovern Cons. Inc., 1 Industrial Way, Georgetown
D & W Contractors Inc., 150 Pleasant St., Reading
Delulis Brothers Const. Co., Inc. 31 Collins Terr., Lynn
J. Derenzo Co., 354 Howard St., Brockton
DiBiase Corp. P. O. Box 780, Lynnfield
J. Doyle Backhoe Service, P. O. Box 727, Rockport
James W. Flett Co, Inc. 800 Pleasant St., Belmont
Geologic-Earth Expl Inc. 35 Commercial Dr., Wrentham
N. Granese & Sons Inc., 18 Yorkshire Rd., Marblehead
Lima Const & Paving Inc., 28 River St., Middleton
McLaughlin Const. Co., P. O. Box 388, Peabody
Mennino Const. Co, Inc. 76 Oakville St., Lynn
Pelletier & Milbury Corp. 129 Water St., Danvers
Spencer Contraction Corp. 63 Jefferson Ave., Salem
R.B Strong Excavating & Sewerage Cont., Inc. 122 Western Ave, Gloucester
Village Const Co. 190 Pleasant St., Marblehead
Councillor O’Keefe moved to refer DiBiase Corp to the Committee on Ordinances, Licenses and Legal Affairs. It was so voted.
The remainder of the licenses were granted.
#24 - #33 – CLAIMS
The following claims, were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Heather Eichel, 34 Forrester St., #1, Salem
Jeanne M. Garnahan, 4 Parker Ct., Salem
Hrisoula Gouvousis, 29 Circle Hill Rd., Salem
Michaeline LaRoche, 144 Federal St., Salem
Aleks Moya, 5 Balcomb St., Salem
Bruce Salaman, 2 Howard St., Salem
Robert B. Vernava, 4 Sophia Rd., Salem
Subrogared Claims:
Commerce Insurance Co., 11 Gore Rd., Webster for Raymond & Linda
Gagnon
Holyoke Mutual Ins. Co., (for Zachary M. Billings) P. O. Box 2006, Salem
Metlife, (for Henrik Sandell), P. O. Box 1205, Tewksbury
#34 - #36 – BONDS
The following Bonds, were received.
DRAINLAYER DiBiase Corp, 10 Lookout Terr, Lynnfield
Village Construction, 190 Pleasant St., Marblehead
CONSTABLE Gregory Butters, 278 Winthrop St., Winthrop
Councillor O’Keefe moved to refer the DiBiase Corp, to the Committee on Ordinances, Licenses and Legal Affairs.
The remainder of the Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
(#866 of 2003) – SECOND PASSAGE OF AN ORDINANCE, TRAFFIC, HANDICAP PARKING, LAWRENCE STREET
The matter of second and final passage of an Ordinance relative to Traffic, Handicap Parking, Section 50 B was then taken up.
The Ordinance was adopted for second and final passage.
On the motion of Councillor Corchado the meeting adjourned at 7:55 P. M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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