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MINUTES - Regular - 12/13/2001 CITY OF SALEM 315 DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 13, 2001 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on December 7, 2001 at 12.12 P.M. All Councillors were present. Council President Joan B. Lovely presided. Councillor Hayes moved to dispense with the reading of the record of the previous meeting. It was so voted. President Lovely requested that everyone please rise to recite the Pledge of Allegiance. #840 -JOINT POLE LOCATIONS ON SPRINGSIDE AVENUE A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint pole location on Springside Avenue. Appearing in favor was Mr. Richard Picone of Massachusetts Electric Company and Councillor O'Leary. There was no one opposed. The hearing was closed. Councillor O'Leary moved that the permit be granted. It was so voted #841 -#842 - REAPPT. CONSTABLES The Mayor's reappointment of the following Constables was received and filed. George W. Curran for a term to expire January 1, 2005 Kevin M. Lochiatto for a term to expire December 28, 2004 #843 -APPR. FROM FREE CASH TO STABILIZATIN FUND The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Five Hundred Thousand Dollars ($500,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Stabilization Fund" in accordance with the recommendation of His Honor the Mayor. #844 -APPR. CAPITAL OUTLAY FOR ROOF REPAIRS AND RENOVATION TO FIRE HOUSE 316 CITY OF SALEM DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Hundred Five Thousand Dollars ($105,000.00) is hereby appropriated to the "Capital Outlay - Repairs and Renovations" Account to be expended for roof repair and balustrade renovations to Firehouse #4 located at 415 Essex Street in accordance with the recommendation of His Honor the Mayor. #845 -APPR. PURCHASING PURCHASE OF SERVICE The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twelve Thousand Dollars ($12,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Purchasing - Purchase of Service" Account in accordance with the recommendation of His Honor the Mayor. #846 - ORDINANCE, TRAFFIC, HANDICAP PARKING, 35 BALCOMB STREET Councillor Hayes introduced the following Ordinance, which was adopted for first passage. In the year two thousand and one 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, Handicap Parking, is hereby amended by adding the following: "Balcomb Street, in front of#35, for a distance of twenty (20) feet. Handicap Parking, Tow Zone." Section 2. This Ordinance shall take effect as provided by City Charter. #847 - ORDINANCE, TRAFFIC, STOP SIGN, WITCH HILL RD. AT HILLSIDE AVE. Councillor O'Leary introduced the following Ordinance, which was adopted for first passage. In the year two thousand and one CITY OF SALEM 317 DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL An Ordinance to amend an Ordinance, relative to Traffic, Stop Sign Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 49, Stop Sign, is hereby amended by adding the following: "Witch Hill Road, in a southerly direction, at the intersection with Hillside Avenue" Section 2. This Ordinance shall take effect as provided by City Charter. #848 - MATTERS BEFORE COMM. OF WHOLE BE CARRIED INTO 2002 Councillor Flynn introduced the following Order, which was adopted. ORDERED: That the attached matters currently before the Committee of the Whole be carried forward to the year 2002. #849 - MATTERS BEFORE ORD. LIC. & LEGAL AFFAIRS COMMITTEE BE CARRIED INTO 2002 Councillor Hayes introduced the following Order. ORDERED: That the attached matters currently before the Ordinances, Licenses, and Legal Affairs Committee be carried forward to the year 2002. Councillor Harvey amended to include all committees. It was so voted. The Order was adopted as amended so that it shall now read as follows: ORDERED: That the attached matters currently before the Committees of the City Council be carried forward to the year 2002. #850 - ORDINANCE, DEPOSITING ITEMS INTO STREET, ADD 'LEAVES' Councillor Driscoll introduced the following Ordinance which was adopted for first passage. In the year two thousand and one An Ordinance to amend an Ordinance relative to Depositing of refuse on streets Be it ordained by the City Council of the City of Salem, as follows: 318 CITY OF SALEM DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL Section 1. Chapter 24, Section 9 of the Salem Code of Ordinances is hereby amended by adding the words "leaves" in line 8 of subsection (a) after the words "parts of automobiles". Section 2. This Ordinance shall take effect as provided by City Charter. #851 - ORDINANCE, TRAFFIC, RESIDENT STICKER PARKING, CLOVER STREET In the year two thousand and one An Ordinance to amend an Ordinance relative to Traffic, Resident Parking Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section75, Resident Parking, Zone E, Color Orange, is hereby amended by adding the following: "Clover Street, in its entirety" Section 2. This Ordinance shall take effect as provided by City Charter. Councillor Flynn assumed the Chair for President Lovely. #852 -WAIVER OF CONSTRUCTION HOURS AT SALTONSTALL SCHOOL Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the request of the Salem School Department of behalf of CASE-LEA Engineering Inc. and Ace Restoration Co. be granted a waiver to work on Saturday, December 15, and Sunday, December 16, 2001. #853 - GRANTING CERTAIN LICENSES Councillor Hayes offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation. FORTUNETELLING STORE The Goddess' Treasure Chest, 173 Essex St., Salem. The Magic Parlor, 213 Essex St., Salem FORTUNETELLING CITY OF SALEM 319 DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL Sylvia M. Martinez, 7 Derby St., Salem Debbie Mitchell, 6 Hawthorne Blvd., Salem Fatima Mitchell, 6 Hawthorne Blvd., Salem Tammy Mitchell, 6 Hawthorne Blvd., Salem Andrea Snow, 12 Scotia St., Salem Gloria Ward, 12 Pearl St., Salem TAXI CAB & LIMOUSINE Family Car Services Corp., 289 Derby St., Salem (5 Taxi Cabs, 2 Limos) Tri City Services Inc., 134 R Newbury St., Peabody (2 Taxi Cabs, 2 Limos) Mildred's Transportation, 201 Washington St. Salem (4 Limos) TAXI OPERATOR Reynaldo Burgos, 22 Boston St., Salem Jesus 0. Calcano, 53 Chestnut St., Lynn Juan Castillo, 97 Chester Ave., Chelsea James R. Cloutman, 19 Rainbow Terr., Salem Barbara J. Dorsey, 16 Crowninshield St., Peabody Gerald A. Feldman, 116 Lafayette St., Salem Ramon Guerrero, 10 Prince St., Salem Felix M. Hernandez, 72 Central St., Peabody Karyn A. Milaszewski, 251 Newbury St., Peabody Ramos Ortiz, 838 Western Ave, Lynn Leandro E. Pena, 12 First St., Salem Rafael Pena, 29 Perkins St., Salem Domingo Perez, 12 Pope St., Salem Leonardo Roa, 178 Beacon Hill Ave., Lynn Robert M. Smith, 47 Bridge St., Salem Jose Gabriel Torres, 296 Washington St., Salem TAG DAY S. H.S. Varsity Basketball Cheerleaders, Dec. 15, 2001 S.H.S. Varsity Basketball Cheerleaders, Dec. 22, 2001 S.H.S. Softball, April 6, 2002 PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem PUBLIC GUIDE Ruth Wall, 13 Crombie St., Salem SEAWORMS 320 CITY OF SALEM DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL Maria Bettencourt, 21 Harris St., Peabody Ronald E. Leslie, 10 B Pioneer Terr., Salem Jose Machado, 3 Emmett St., Peabody Analiano Silva, 25 Driscoll St., Peabody John M. Silva, 1 0 Almeda St., Salem Manuel N. Silva, 80 Northend St., Peabody Manuel P. Silva, 52 Paleologos St., Peabody SECOND HAND VALUABLE Boston Street Resale, 1341/213oston St., Salem St. Therese Thrift Shop, 135 Lafayette St., Salem Antiques & Uniques of Salem, 130 North St., Salem The Corner Book Shop, 60 Washington St., Salem Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem R J Coins, Pickering Wharf, Bldg J., Salem Saccon Jewelers, 131 Essex St., Salem Salem Loan & Jewelry, 33 New Derby St., Salem Salem Used Furniture & Antiques, 1071/2Bridge.St., Salem Tobie's Jewelry, 142 Washington St., Salem The Yard Sale Store, 318 Derby St., Salem #854 - (#731) - USE OF SALEM COMMON FOR NORTH SHORE CANCER WALK Councillor Hayes 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 the use of the Salem Common has considered said matter and would recommend that the following be granted: North Shore Medical Center Cancer Walk on June 23, 2002 #855 - (#769) -APPR. PUBLIC PROPERTY RENOVATION Councillor Driscoll 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 matter of an Appropriation of$15,000.00 for Public Property Renovations has considered said matter and would recommend approval. CITY OF SALEM 321 DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL #856 - (#770) -APPR. PUBLIC PROPERTY BUILDING MAINTENANCE Councillor Driscoll 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 matter of an Appropriation of$10,000.00 for Public Property Building Maintenance has considered said matter and would recommend approval. #857 - (#768) -APPR. PUBLIC PROPERTY ELECTRICAL Councillor Driscoll 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 matter of an Appropriation of$20,000.00 for Public Property Electrical Maintenance has considered said matter and would recommend approval. #858 - COMM. OF WHOLE REPORT FOR AN ACT PROVIDING FOR THE RECALL OF ELECTED OFFICIALS IN THE CITY OF SALEM Councillor Harvey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation by a roll call vote of 10 yeas, 0 nays, 1 present. Councillors Sargent, O'Leary, LaCava, Hayes, Harvey, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor O'Keefe was recorded as voting "present". Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee of the Whole to whom was referred the four-year recall petition has considered said matter and would recommend a favorable recommendation to the full council. #858A -AN ACT PROVIDING FOR THE RECALL OF ELECTED OFFICIALS IN THE CITY OF SALEM An Act Providing for the Recall of Elected Officials in the City of Salem 322 CITY OF SALEM DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL Be it enacted by the Senate and House of representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Any holder of an elected office in the city of Salem may be recalled there from by the registered voters of said city as herein provided. SECTION 2. A recall affidavit signed by at least 500 registered voters including at least fifty names of voters from each of the districts of the city for any official elected at large, and a recall affidavit signed by at least 100 registered voters residing in the incumbent's district for any officer elected by district, may be filed with the city clerk containing the name of the office whose recall is sought and a statement of the grounds for recall. Upon certification of the required signatures, said clerk shall thereupon deliver to the first named voter on the affidavit copies of petition blanks addressed to the city council demanding such recall, copies of which printed forms he shall keep available. Said blanks shall be issued by the clerk with his signature and official seal attached thereto. They shall be dated, shall contain the names of all persons to whom they are issued, the name of the person whose recall is sought and the grounds of recall as stated in the affidavit and shall demand the election of a successor to such office. A copy of the petition shall be entered in a record book to be kept in the office of said clerk. The recall petition shall be returned and filed with said clerk within 60 days after the filing of the affidavit and shall have been signed by at least 15 per cent of the registered voters of the city as of the date such affidavit was filed with said clerk, including a minimum of 500 registered voters residing in each district of the city, for any official elected at large, and for officials elected by district, signed by residents of said district at least 15 per cent of the total number of persons who voted at the most recent municipal election from the district the official sought to be recalled represents. To every signature shall be added the place of residence of the signer, giving the street and number and the ward and precinct. Said clerk shall, within 72 working hours of receipt thereof, certify thereon the number of signatures that are names of registered voters of the city. SECTION 3. If the petition shall be found and certified by the city clerk to be sufficient, he shall submit the same with his certificate to the city council at its next scheduled meeting and the city council shall forthwith give written notice of the receipt of the certificate to the officer sought to be recalled. If such officer does not resign within five days thereafter, said council shall order an election to be held on a date fixed by them not less than 45 nor more than 90 days after the date of said clerk's certificate that a sufficient petition has been filed; provided, however, that if any other city election is scheduled to occur within 100 days after the date of the certificate, said council shall postpone the holding of the recall election to the date of such other election. If a vacancy occurs in said office after a recall election has been ordered, the election shall nevertheless proceed as provided in this section. CITY OF SALEM 323 DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL SECTION 4. Any officer sought to be removed may be a candidate to succeed himself and, unless he requests otherwise in writing, the city clerk shall place his name on the ballot without nomination. The nomination of other candidates, the publication of the warrant for the recall election and the conduct of the same shall all be in accordance with the provisions of law relating to elections, unless otherwise provided in this act. SECTION 5. The incumbent shall continue to perform the duties of his office until the recall election. If he is not recalled, he shall continue in office for the remainder of his unexpired term, subject to recall as before, except as provided in section 7. If he is recalled, he shall be deemed removed upon the qualifications of his successor, who shall hold office during the unexpired term. If the successor fails to qualify within five days after receiving notification of his election, the incumbent shall thereupon be deemed removed and the office vacant. SECTION 6. Ballots used in a recall election shall submit the following propositions in the order indicated: For the recall of (name of officer)(office held) Against the recall of (name of officer)(office held) Adjacent to each proposition, there shall be a place to vote for either of the said propositions. Under the proposition shall appear the word "Candidates" and the directions to voters required by section 42 of chapter 54 of the General Laws and, beneath this, the names of candidates nominated as hereinbefore provided. If a majority of the votes cast upon the question of recall is in the affirmative, then the candidate receiving the highest number of votes shall be declared elected. If a majority of votes cast on the question is in the negative, then the ballots for candidates need not be counted. If fewer than 25 per cent of the registered voters of the city participate in the election of a recall for an official elected at-large, or if fewer than 25 per cent of the registered voters of a district participate in the election of a recall of an official elected by said district, no votes need be counted and the election shall be deemed to have determined that the incumbent should not be recalled. SECTION 7. No recall petition shall be filed against an officer in the last six months of his term, nor in the case of an officer subjected to a recall election and not recalled thereby, until at least one year after the election at which his recall was submitted to the voters of the city has elapsed. SECTION 8. No person who has been recalled from an office or who has resigned from office while recall proceedings were pending against him shall be appointed to any city office within two years after such recall or resignation. 324 CITY OF SALEM DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL #859 - SALEM/BEVERLY WATER BOARD CERTIFICATION OF SALEM'S ASSESSMENT OF WATER USE A communication from Thomas Knowlton, Director of the Salem/Beverly Water Board, regarding the amount of water supplied to the City of Salem, was received and filed. #860 - USE OF SALEM COMMON BY HELP FOR ABUSED WOMEN & CHILDREN, HAWC Walk The request from H.A.W.C. to use the Salem Common for their tenth annual walk on April 28, 2002, was referred to the Committee on Ordinances, Licenses, & Legal Affai rs. #861 - NORTH SHORE MEDICAL CENTER 5K ROAD RACE The request from North Shore Medical Center Sports Medicine to hold a 5K road race on October 19, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #862 - INVITATION FROM PEABODY/ESSEX MUSEUM TO TOUR NEW BUILDING A communication from the Peabody/Essex Museum inviting the City Council to tour the new building on January 10, 2002 was received and filed. #863 -#871 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. FORTUNETELLING STORE Angelica of the Angels, 7 Central Street PUBLIC GUIDE Fran Marrow, 13 Strawberry Hill Ln., Danvers SEAWORMS Manuel Carroca, 12 Union Street, Peabody SECOND HAND VALUABLE Antiques at 285 Derby St., 285 Derby St. Army Barracks, 234 Essex St. Bernard's, 179 Essex St. CITY OF SALEM 325 DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL Filigree & Fancy, 4 Wharf St., Pickerinq Wharf Salem Coin & Jewelry, 149 North St. TAXI OPERATOR Basilio Beltre, 49 Harbor St., Salem Theodore Brown III, 59 Beach St., Haverhill Richard J. Schroeder, 16 Elizabeth Ln., Newburyport #872 -#885A DRAINLAYER/CONTRACT OPERATOR LICENSES The following Drainlayer/Contract Operator Licenses were granted. Advanced Industries Inc., 106 Oakville St., Lynn Bartlett & Steadman Co. Inc., 67R Village St., Marblehead Caruso & McGovern Construction Inc., 1 Industrial Way, Georgetown J. Doyle Backhoe Service, 31 Pooles Ln., Rockport Fafard Real Estate Bldg. Co. Inc., 290 Eliot St., Ashland Thomas Mackey & Sons Inc., 58 Broadway, Salem J. Masterson Construction Co., 46 Prince St., Danvers McLaughlin Construction Co., P.O. Box 388, Peabody Meninno Construction Co. Inc., 76 Oakville St., Lynn Pelletier & Milbury Corp., 129 Water St., Danvers Pumel Enterprises, P.O. Box 2123, Danvers Q B Management, 452 Essex St., Beverly Village Construction, 190 Pleasant St., Marblehead Domenick Zanni & Sons Inc., 22 Lakeview Ave., Reading #886 - CLAIM The following Claim was referred to the Committee on Ordinances, Licenses, and Legal Affairs. Michael Kozak, 217 Lafayette Street, Salem #887 -#890 - BONDS The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. DRAINLAYER Village Construction, 190 Pleasant Street, Marblehead Domenick Zanni & Sons, Inc., 22 Lakeview Avenue, Reading 326 CITY OF SALEM DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL SIGN Bella Verona, Inc., 107 Essex Street, Salem CONSTABLE Kevin M. Lochiatto, 140 Shirley Street, Winthrop (#776) -AMENDMENT TO RULES & ORDERS, SECTION 31, TEMPORARY COMMITTEE MEMBERSHIP APPOINTED BY THE CHAIRMAN The matter of second reading of an amendment to the Rules and Orders of the City Council, section 31, Appointment of Committees, allowing the Committee Chairperson to appoint a Councillor as a temporary member for purposes of a quorum, was then taken up. The Rule was adopted for second reading. (#775) - SECOND PASSAGE, ORDINANCE, TRAFFIC, PARKING TIME LIMITED, BOSTON STREET The matter of second and final passage of an Ordinance amending Traffic, Section 57A, Parking time Limited in front of#118 Boston Street, was then taken up. The Ordinance was adopted for second and final passage. (#774) - SECOND PASSAGE, ORDINANCE, TRAFFIC, HANDICAP PARKING, #27 ABBOTT STREET The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking at#27 Abbott Street, was then taken up. The Ordinance was adopted for second and final passage. (#778) - SECOND PASSAGE, ORDINANCE, TRAFFIC, TOW ZONE, DAY AVENUE The matter of second and final passage of an Ordinance amending Traffic, Section 74, Tow Zone, Day Avenue, was then taken up. The Ordinance was adopted for second and final passage. Councillor Harvey expressed to the members of the Council his feelings of sadness at having Councillors Hayes and LaCava leaving the Council. He also thanked the Council President for all her hard work over the past year. On the motion of Councillor O'Keefe, the meeting adjourned at 8.20 P.M. CITY OF SALEM 327 DECEMBER 13, 2001 REGULAR MEETING OF THE CITY COUNCIL ATTEST: DEBORAH E. BURKINSHAW CITY CLERK