A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 25, 2004 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 19, 2004 at 10:58 A.M.
All Councillors were present.
Council President 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.
President O’Leary recognized Councillor Coughlin from Beverly, who was in the chamber.
(#165) – APPT. BONNIE CELI, ASSISTANT TREASURER
The Mayor’s appointment of Bonnie Celi to serve as Assistant Treasurer was confirmed by a roll call vote of 10 yeas, 1 nay, and 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent, Sosnowski, and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Ms. Celi to speak.
Councillor Sosnowski moved a City Seal to Joan Fix. It was so voted.
#210 – APPT. JOSEPH O’NEILL, HOUSING AUTHORITY
The Mayor’s appointment of Joseph O’Neill to serve as a member of the Housing Authority for a term to expire February 1, 2009, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Mr. O’Neill to speak.
Councillor O’Keefe moved a City Seal to Mr. Marraffa. It was so voted.
#211 – REAPPT. DAVID BOURGEAULT, CONSTABLE
The Mayor’s reappointment of David F. Bourgault to serve as a Constable for a term to expire March 16, 2007, was received and filed
#212 – REAPPT. NINA COHEN, BOARD OF APPEAL
The following reappointment was received after the deadline of Tuesday noon.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow the matter before the Council.
The Mayor’s reappointment of Nina V. Cohen to serve as a member of the Board of Appeal was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
#213 – APPR. POLICE DEPARTMENT – SALARIES FULL TIME
The following Order, recommended by the Mayor, was adopted under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
ORDERED: That the sum of Twenty-Eight Thousand Eight Hundred Dollars ($28,800.00) 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.
#214 – APPR. – PARK AND RECREATION EQUIPMENT
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-One Thousand Three Hundred Dollars ($21,300.00) is hereby appropriated from the “Receipts Reserved-Golf Course” Account to the “Park and Recreation-Equipment” Account in accordance with the recommendation of His Honor the Mayor.
#215 – APPR. ELECTION AND REGISTRATION-RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Sixteen Thousand Four Hundred Forty-Three Dollars and fifty-four cents ($16,443.54) is hereby appropriated from the “Fund Balance Reserved for Appropriation-Free Cash” Account to the “Elections and Registrations-Retirement Anticipation” account in accordance with the recommendation of His Honor the Mayor.
#216- APPR. WINTER ISLAND – STORE INVENTORY
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby appropriated from the “Receipts Reserved-Golf Course” Account to the “Winter Island-Store Inventory” Account in accordance with the recommendation of His Honor the Mayor.
#217 – APPR. POLICE DEPARTMENT – MEDICAL/DENTAL SERVICES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” Account to the “Police Department-Medical/Dental Services” Account in accordance with the recommendation of His Honor the Mayor.
#218 – APPR. HUMAN RESOURCES-SALARIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Six Thousand Five Hundred Dollars ($6,500.00) is hereby appropriated from the “Fund Balance Reserved for
Appropriation-Free Cash” Account to the “Human Resources-Salaries” Account in accordance with the recommendation of His Honor the Mayor.
#219 – APPR. CITY COUNCIL-ADVERTISING
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation-Free Cash” Account to the “City Council-Advertising” Account in accordance with the recommendation of His Honor the Mayor.
#220 – AUTHORIZING PURCHASING AGENT TO ENTER A THREE YEAR CONTRACT, COLLECT CERTAIN TAXES, FINES AND FEES WITH KELLEY AND RYAN
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the Mayor and City Council hereby authorize the City Purchasing Agent to enter into a three-year contract between the City of Salem and Kelley and Ryan for the purpose of facilitating the collection certain taxes, fines and fees that the City is empowered to collect.
(#169) –PARKING RATES FOR THE PARKING GARAGES AND CHURCH STREET LOT
The second reading of an Order regarding the fees for the parking garages and Church Street Lot. The Order was referred to the Committee on Administration and Finance.
#221 – CLAIM, FRANCES M. GARROW
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the enclosed claim for Frances M. Garrow be referred to the Committee on Ordinances, Licenses and Legal Affairs.
#222 – SCREENING PROCESS FOR HOUSING AUTHORITY HOUSING UNITS
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet with the Director of the Salem Housing Authority, representatives of the Housing Board, representative of the Mayor’s office to discuss the screening process of applications to housing units in the City.
#223 – LICENSING BOARD MEET WITH DRY GOODS VENDOR LICENSE ON SALEM COMMON
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs examine the elimination of one dry goods vendor license from the Salem Common, and confer with the Licensing Board relative to same. And that the Committee move forward with an Ordinance change in a timely manner.
#224 – (#195 - #201) - 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 certain licenses has considered said matter and would recommend that the following be granted.
SECOND HAND Always A. Bargain, 94 North Street,
VALUABLES Salem
TAG DAY S.H.S. Boy’s Tennis Team, April 3 & May 1, 2004
S.H.S. Spring Track, April 10 & May 2, 2004
Knights of Columbus, October 7,8,9,10,2004
TAXI OPERATOR Newri Garcia, 6 Ray St, Peabody
Alberto Guerrero, 9 Mason St., Salem
Carl W. Herwig, 168 Washington St, Peabody
William C. Morgan, 276 Rantoul St., Beverly
Stephen E. Plunkett, 13 Holden St., Peabody
Angel Santa, 436 Western Ave., Lynn
TRANSIENT Ryan Maloney, 35 Pleasant St, #3,
PHOTOGRAPHER Salem
PUBLIC GUIDE Merrill Kohlhofer, 44 Beaver St., Salem
#225 –225A –(#584 of 2003) –FIRST PASSAGE OF AN ORDINANCE, CHAPTER 24, PUBLIC NUISANCE
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 a Public Nuisance Ordinance has considered said matter and would recommend adoption for first passage.
#225A – FIRST PASSAGE OF AN ORDINANCE, CHAPTER 24, PUBLIC NUISANCE
In the year two thousand and four
An Ordinance to amend an Ordinance relative to Public Nuisance
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24 of the Salem Code of Ordinances is hereby amended by adding the following new section:
Chapter 24, Section 24 – Public Nuisance
(1) A person is guilty of creating a public nuisance if, with purpose to cause public inconvenience, annoyance or alarm, or recklessly creating a risk thereof, he or she:
(a) engages in fighting or threatening or in a violent or tumultuous behavior; or
(b) creates a hazardous or physically offensive condition by any act which serves no legitimate purpose of the actor,
“Threatening” behavior means such behavior that places another in reasonable apprehension of imminent physical harm.
In any prosecution hereunder, no speech or expressive conduct shall be considered as evidence of criminal conduct; however, any utterance or conduct intended to cause injury rather than to add to or comment on the Public discourse may be considered, and the mere fact that prohibited conduct is accompanied by speech does not preclude prosecution under this section.
(2) Failure of persons creating a public nuisance to disperse.
Where three or more persons are participating in creating a public nuisance, as defined in section (1) above, a uniformed police officer, or a police officer not in uniform who properly identifies himself or herself, may order the participants and others in the immediate vicinity to disperse. A person who refuses or knowingly fails to obey such an order commits a violation of this section.
Section 2. This Ordinance shall take effect as provided by City Charter.
#226 – (#134) – EASEMENT, PALMER COVE YACHT CLUB, CITY OWNED FLATS
Councillor Bencal offered the following report for the Committee on Public Health Safety and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health Safety and Environment to whom was referred Council Order #134, Palmer Cove Yacht Club easement has considered said matter and would recommend that the easement be approved provided that the Palmer Cove Yacht Club pay a fee of Two Hundred Dollars per year and that the first 25 years be paid at the time of execution of the easement.
#227 – EXPANSION OF SALEM BEVERLY WATER SUPPLY BOARD, HOME RULE PETITION
Councillor Bencal offered the following report for the Committee on Public Health Safety and Environment. It was voted to accept the report and adopt the recommendation
Councillor Harvey moved to table the matter until the April 8th meeting.
The Committee on Public Health Safety and Environment to whom was referred a Home Rule Petition to expand the Salem Beverly Water Supply Board
has considered said matter and would recommend that the matter be reported out without a recommendation.
#228 – (#95 & #188) – PROPOSED PLANS, PRINCE STREET PLACE
Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred the proposed plans for Prince Street Place has considered said matter and would recommend that the matter be put forward for a public hearing on or before June 15, 2004.
#229 – DANCE PERFORMANCE, JEFF BIGLER, RED HERRING MORRIS
A request from Jeff Bigler from the Red Herring Morris to hold a dance performance on the Essex Street Mall on May 15, 2004, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#230 – PETITION, MASS ELECTRIC COMPANY, CONDUITS HARDY STREET
A petition from the Mass. Electric Company for two conduits on Hardy Street.
A hearing was ordered for April 8, 2004.
#231 – PETITION, VERIZON NEW ENGLAND, INC., CONDUIT, CENTRAL STREET
A petition from Verizon New England, Inc, for a conduit on Central Street.
A hearing was ordered for April 8, 2004.
#232 – PETITION, VERIZON NEW ENGLAND, INC, CONDUIT, ESSEX STREET
A petition from Verizon New England, Inc, for a conduit on Essex Street.
A hearing was ordered for April 8, 2004.
#233 - ##235 – LICENSES APPLICATIONS
The following licenses were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY S.H.S. Girls Lacrosse, April 18, 2004
TAXI OPERATOR Karen Ann Manzo, 79 Waldemar Ave., E. Boston
LIMOUSINE Lime Light Transportation Services, 13C Griswold Dr., Salem (1 limo)
#236 – DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATION
The following Drainlayer/Contract Operator License application was granted.
H.W. Murphy Construction Co., P. O. Box 3727, Peabody, MA
#237 - #239 – CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
James Bradley, 80 Silsbee St., Lynn
SUBROGATED CLAIM CCS COMPANIES, P. O. Box 7249, Portsmouth, N. H. for Wilma Ecker
SUBROGATED CLAIM United Services Auto Assoc, 9800 Fredricksburg Rd, San Antonio, Tx for Walter Camire
#240 – BOND
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
David Bourgault, 19 Belleau Rd., Salem, MA
(#174) - SECOND PASSAGE , ORDINANCE, TRAFFIC, RESIDENT STICKER PARKING, OLIVER STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 75, Resident Sticker Parking, Oliver Street was then taken up.
The Ordinance was adopted for second and final passage.
(#185A) – SECOND PASSAGE , ORDINANCE , SALARY CLASSIFICATION OF CERTAIN EMPLOYEES
The matter of second and final passage of an Ordinance amending Chapter 2, Section 52, Salary Classification of certain employees.
The Ordinance was adopted for second and final passage by a roll call vote of 9 yeas, 2 nays, and 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent, and Veno were recorded as voting in the affirmative. Councillors Sosnowski, and O’Leary were recorded as voting in the negative.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Keefe was recorded as “opposed”.
On the motion of Councillor Harvey the meeting adjourned at 8:45 P. M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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