MINUTES - Regular - 1/9/2003 CITY OF SALEM 3
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber
on Thursday, January 9, 2003 at 7.20 P.M. for the purpose of transacting any
and all business. Notice of this meeting was posted on January 3, 2003 at 11.59
A.M.
Councillor Lovely was absent.
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.
#4 —APPT. BRUCE D. THIBODEAU AS DIRECTOR OF PUBLIC
SERVICES/CITY ENGINEER
The Mayor's appointment of Bruce D. Thibodeau to serve as Director of
Public Services/City Engineer for a term to expire February 1, 2005, was
received after the deadline of Tuesday Noon. Councillor Harvey requested and
received unanimous consent to suspend the rules to allow the matter to come
before the Council.
Councillor Harvey requested and received unanimous consent to suspend
the rules to confirm the appointment.
The appointment was confirmed by a roll call vote of 9 yeas, 1 nay, and 1
absent. Councillors Sargent, O'Keefe, Harvey, Flynn, Driscoll, DeToma, Chuber,
Bencal, and Furey were recorded as voting in the affirmative. Councillor O'Leary
was recorded as voting in the negative. Councillor Lovely was absent.
Councillor Harvey moved that a letter and City Seal be sent to Mr.
Bornstein. It was so voted.
Councillor Harvey requested and received unanimous consent to suspend
the rules to allow Mr. Thibodeau to speak.
#5 —APPR. FIRE DEPARTMENT SALARIES FULL TIME
The following Order, recommended by the Mayor, was referred to the
Committee on Administration and Finance under the rules.
4 CITY OF SALEM
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
ORDERED: That the sum of One Hundred Sixteen Thousand Three
Hundred Fifty-One Dollars and ninety-five cents ($116,351.95) is hereby
appropriated from the "Fund Balance Reserved for Appropriation Free Cash"
Account to the "Fire Department Salaries Full Time" Account in accordance with
the recommendation of His Honor the Mayor.
#6 —APPR. POLICE DEPARTMENT FULL TIME SALARIES
The following Order, recommended by the Mayor, was referred to the
Committee on Administration and Finance under the rules.
ORDERED: That the sum of Eight Thousand Ninety-Nine Dollars and
thirty-six cents ($80,099.36) 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.
(#904 -#787 of 2002) — MAYOR'S VETO OF ORDINANCE AMENDING
STREETS AND SIDEWALKS, ADVANCE NOTIFICATION TO ABUTTERS OF
STREET CLOSINGS
Councillor Bencal requested and received unanimous consent to take out
of order, under Unfinished Business, the Mayor's Veto.
The matter of the Mayor's Veto of Ordinance #787 of 2002, was then
taken up. The Veto was overridden by a roll call vote of 9 yeas, 1 nay, and 1
absent. Councillors Sargent, O'Leary, Harvey, Flynn, Driscoll, DeToma, Chuber,
Bencal, and Furey were recorded as voting in the affirmative. Councillor O'Keefe
was recorded as voting in the negative. Councillor Lovely was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
#7 — ORDINANCE AMENDING STREET AND SIDEWALKS, OPENINGS IN
EXCESS OF ONE DAY
Councillor Bencal introduced the following Ordinance, which was adopted
for first passage. Councillor O'Keefe was recorded as "opposed".
Councillor Harvey moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
In the year two thousand and three
CITY OF SALEM 5
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
An Ordinance to amend an Ordinance relative to Streets and Sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 38, Section 22, is hereby amended by adding the following to
Section 1.
Insert after the word "sidewalk" the following: "in excess of one day"
Section 2. This Ordinance shall take effect as provided by City Charter.
#8 — CITY GRANT TO HISTORIC SALEM INC. A WAIVER OF RIGHT OF
FIRST REFUSAL FOR BOWDITCH HOUSE
Councillor Flynn introduced the following Order, which was adopted by a
roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O'Leary,
O'Keefe, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were
recorded as voting in the affirmative. Councillor Lovely was absent.
ORDERED: That the City of Salem grant to Historic Salem, Inc., a waiver
of Right of First Refusal on the Nathaniel Bowditch House located on 9 North
Street in Salem.
#9 — PURCHASE OF ST. MARY'S PROPERTY FOR COUNCIL ON AGING BE
STUDIED BY ADMIN. & FINANCE
Councillor O'Keefe introduced the following Order on behalf of President
Furey.
ORDERED: That the Committee on Administration and Finance meet to
explore the opportunity of leasing and purchasing the St. Mary's Parish Youth
Center, Church and Rectory for the possible use as a Council on Aging Facility.
And that the Mayor, City Planner, Director of the Council Aging, and the Council
on Aging Board be invited.
Councillor Harvey assumed the Chair for President Furey.
Councillor O'Leary requested and received unanimous consent to
suspend the rules to allow Ms. Linda Elworthy, Director of the Council on Aging,
to address the Council.
6 CITY OF SALEM
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
Councillor Driscoll amended that the Mayor and City Planner update the
City Council on the transfer development plans for the Broad Street site. It was
so voted.
The Order was adopted as amended so that it shall now read as follows:
ORDERED: That the Committee on Administration and Finance meet to
explore the opportunity of leasing and purchasing the St. Mary's Parish Youth
Center, Church and Rectory for the possible use as a Council on Aging Facility.
And that the Mayor, City Planner, Director of the Council Aging, and the Council
on Aging Board be invited.
AND BE IT FURTHER ORDERED: That the Mayor and City Planner
update the City Council on the transfer development plans for the Broad Street
site.
President Furey resumed the Chair.
#10 — ORDINANCE AMENDING THE REMOVAL OF SNOW AND ICE FROM
SIDEWALKS, ADD THE DIRECTOR OF PUBLIC SERVICES AS AN
ENFORCER
Councillor O'Keefe, in conjunction with Councillor O'Leary, introduced the
following Ordinance.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to removal of Snow and Ice
from Sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 38, Section 13 — Removal of snow from Sidewalks, and
Chapter 38, Section 14 — Removal of ice from sidewalks, is hereby amended by
adding the following language to the sentences citing enforcement: "The Director
of Public Services or his designees"
Said sentence shall now read as follows:
"The Director of Public Services or his designees, all building inspectors,
in addition to police officers, shall be enforcing persons for this section."
Section 2. This Ordinance shall take effect as provided by City Charter.
CITY OF SALEM 7
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
Councillor Sargent amended Section 38-12, Throwing or plowing ice or
snow into city streets, by adding the words "or sidewalks". The amendment was
so voted.
The Ordinance was adopted as amended for first passage by a
unanimous roll call vote of 11 yeas, 0 yeas, 0 absent.
Councillor O'Keefe moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
The Ordinance reads as follows:
In the year two thousand and three
An Ordinance to amend an Ordinance relative to removal of Snow and Ice
from Sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 38, Section 13 — Removal of snow from Sidewalks, and
Chapter 38, Section 14 — Removal of ice from sidewalks, is hereby amended by
adding the following language to the sentences citing enforcement: "The Director
of Public Services or his designees"
Said sentence shall now read as follows:
"The Director of Public Services or his designees, all building inspectors,
in addition to police officers, shall be enforcing persons for this section."
Section 2. Chapter 38, Section 12, is hereby amended by adding the words `onto
sidewalks' in the title, and adding the words "or sidewalks" under section (a), so
that said section shall read as follows:
(a) No person shall throw, plow, or cause the placing of any ice or snow in
any street or sidewalk so as to impede or obstruct the normal use of
the traveled way.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O'Keefe moved to declare this matter an emergency under
sections 20 and 22 of the City of Salem Charter. It was so voted by a unanimous
roll call vote of 11 yeas, 0 nays, 0 absent.
8 CITY OF SALEM
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
Councillor O'Keefe moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
Councillor O'Keefe moved that the Ordinance be adopted for second and
final passage. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0
absent.
Councillor O'Keefe moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
#11 — FINANCE DIRECTOR PETITION REGISTRY OF MOTOR VEHICLES TO
ISSUE "SALEM" LICENSE PLATE
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Director of Finance contact the Massachusetts
Registry of Motor Vehicles for the express purpose of having the Registry of
Motor Vehicles issue a "Salem" license plate.
AND BE IT FURTHER ORDERED: That the Finance Director report back
to the City Council his findings by no later than May first.
#12 — TICKETS ISSUED FOR SNOW AND ICE REMOVAL VIOLATIONS
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the Police Department, DPW and Building Department
provide the City Council with a list of 21 D (non-criminal citations) issued this
season for failure to remove snow/ice from sidewalks.
#13 — PLANNER PROVIDE COUNCIL WITH UPDATE TO COMPREHENSIVE
ZONING ORDINANCE AMENDMENTS
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the City Planner provide a written update to the City
Council Committee on Community and Economic Development on the status of
the Comprehensive Zoning Ordinance amendments, prior to January 23, 2003
meeting of the City Council.
#14 — DISPOSITION OF CITY PROPERTY ON IRVING AND PHILLIPS
STREET
CITY OF SALEM 9
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the City Assessor, City Solicitor, Director of Planning
and Community Development, Building Inspector or their representatives be
invited to appear before the Committee on Government Services to discuss the
disposition of City Property on Philips and Irving Streets. Also invited shall be
abutters to these properties.
#15 — FINANCIAL REPORT FOR NOVEMBER 2002
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Financial Reports dated November 30, 2002 be
received and placed on file.
#16 — COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE DISCUSS
MAIN STREETS INITIATIVES
ORDERED: That the Main Street organization be invited in to update the
Committee on Community and Economic Development on their activities.
#17 — CITY'S COLLECTION RATES AND MONIES DUE THE CITY,
GOVERNMENT SERVICES DISCUSS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Collector/Treasurer, Finance Director, Parking
Clerk, Harbormaster, and a representative of the collection agency that the City
employs to collect overdue taxes be invited to appear before the Committee on
Government Services regarding the City collection rate, and what steps are being
undertaken to collect monies due the City of Salem.
#18 — SCHOOL DEPARTMENT SPECIAL EDUCATION DEFICIT,
ADMINISTRATION AND FINANCE DISCUSS
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the School Department meet with the Committee on
Administration and Finance to discuss the recent announcement in possible third
quarter reduction in Special Education residential placement funding. Also,
update the Committee on the department's Special Education deficit.
t0 CITY OF SALEM
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
#19 — 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 that the following be granted.
SECOND HAND Compliments Resale Boutique, 132 Boston St.
CLOTHING
TAG DAY S.H.S. Boys Track, January 25, 2003
S.H.S. Winter Track, February 15, 2003
TAXI OPERATOR James R. Cloutman, 19 Rainbow Terr., Salem
Carlos M. Diaz, 40 Harbor St., Salem
Barbara J. Dorsey, 16 Crowninshield St. Peabody
Vincent Ercolano, 29 Hancock St., Salem
John Mealey, 30 Grant St., Beverly
Hipolito Ozoria, 49 Harbor St., Salem
Domingo Perez, 12 Pope St., Salem
Nelson Sanchez, 298 Washington St., Salem
Jeffrey Schafer, 8 '/2 Daniels St., Salem
#20 — (#907 of 2002) — SALEM/BEVERLY WATER BOARD AND S.E.S.D.
MEMBERSHIP ISSUES
Councillor Harvey offered the following report for the Committee of the
Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of
membership issues at the S.E.S.D. and the Salem/Beverly Water Supply Board
has considered said matter and would recommend that the minutes of each
board be sent to each City Councillor by S.E.S.D. and Salem/Beverly Water
Supply Board, e-mail being the first option.
#21 — (#918 of 2002) — SALEM HOUSING AUTHORITY UNION ISSUES
Councillor Harvey offered the following report for the Committee of the
Whole. It was voted to accept the report and adopt the recommendation.
CITY OF SALEM 11
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
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 matter of Salem
Housing Authority Labor issues has considered said matter and would
recommend that the Mayor conduct a hearing within the next two weeks with Mr.
Marraffa about certain alleged improprieties and the Mayor is to respond back
within two weeks. The Council has received a series of allegations.
#22 — OPINION FROM CITY SOLICITOR REGARDING COUNCIL'S ROLE IN
SALEM HOUSING AUTHORITY LABOR DISPUTE
A communication was received from City Solicitor John Keenan,
responding to a Council request for an opinion regarding Salem Housing
Authority labor issues and the process to follow to remove a member. The
opinion was received and filed.
#23 — SALEM/BEVERLY WATER BOARD SUBMITTING SALEM'S
ASSESSMENT OF WATER CONSUMPTION
A communication from the Salem/Beverly Water Board, submitting
Salem's share of water consumption, was referred to the Committee on Public
Health, Safety and the Environment.
#24 — CONDUIT LOCATION ON CLARK STREET
A hearing was ordered for January 23, 2003 on the petition of
Massachusetts Electric Company for a conduit location on Clark Street.
#25 — SALEM STATE COLLEGE WELLNESS FAIR AND ROAD RACE
The request of Salem State College to hold a Wellness Fair and Road
Race on April 27, 2003 was referred to the Committee on Ordinances, Licenses,
and Legal Affairs.
#26 -#35 — LICENSE APPLICATIONS
The following license applications were referred to the Committee on
Ordinances, Licenses, and Legal Affairs.
FORTUNETELLING Shawn Poirier, 64 Beaver Street, Salem
PUBLIC GUIDE Michael C. Metzger, 25 Shepard St., Marblehead
12 CITY OF SALEM
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
Rich W. Metzger, 25 Shepard St., Marblehead
Susan P. Metzger, 25 Shepard St., Marblehead
Leah A. Schmidt, 640 Revere Beach Blvd., Revere
SECOND HAND Samantha's Boutique, 205 Essex St., Salem
VALUABLE Antiques at 285 Derby St., 285 Derby St., Salem
TAXI OPERATOR David Riley, 136 Shore Drive, Peabody
LIMOUSINE Dave Jalbert & Son's Inc., 240 Canal St., Salem (3)
VEHICLES FOR HIRE Salem Surrey Bike Tours, LLC, 25 Shepard St.,
(PEDICAB) Marblehead (3)
#36 -#51 — DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator license applications were
approved.
Bartlett & Steadman Co., Inc., R67 Village St., Marblehead
Calnan Construction, 17 Reservoir Road, Lynn
R. DiLisio Co., 113 Fayette St., Lynn
James W. Flett Co., Inc., 800 Pleasant St., Belmont
R. Kobierski co., P.O. Box 94, Danvers
Mr. Rooter Plumbing, 70 Herrick St., Beverly
T.L.T. Construction Co., 1 Pope St., Wakefield
J. Whyman Construction, 451 Broadway, Lynnfield
#52 -#58 — CLAIMS
The following Claims were referred to the Committee on Ordinances,
Licenses, and Legal Affairs.
Alexis Bonacorso, 55 Valiant Way, Salem
Nina Bridgman, 196 Loring Avenue, Salem
Sheila Delaney, 55 Cedar St., Apt. 2211, Woburn
Stephanie Smigleski Dumas, 76 Leach St., Salem
Robert K. Johnston, 29 Eastman Ave., Swampscott
Donald Wyman III, 14 Bridge St., Salem
Theodore A. Zarembo, 21 Chestnut St., Garden City, NY
#59 -#60 — DRAINLAYER BONDS
CITY OF SALEM 13
JANUARY 9, 2003
REGULAR MEETING OF THE CITY COUNCIL
The following Drainlayer Bonds were referred to the Committee on
Ordinances, Licenses, and Legal Affairs and returned approved.
J. Whyman Construction, 451 Broadway, Lynnfield
Calnan Construction LLC, 17 Reservoir Road, Lynn
(#502) — ORDINANCE AMENDING HOURS OF OPERATION FOR BUSINESS
ESTABLISHMENTS, AND REQUIRING A POLICE PRESENCE
The matter of second and final passage of an Ordinance amending the
hours of operation for business establishments and requiring a police presence,
was then taken up. The Ordinance was adopted for second and final passage by
a roll call vote of 8 yeas, 3 nays, and 0 absent. Councillors Sargent, O'Keefe,
Lovely, Harvey, Flynn, Chuber, Bencal, and Furey were recorded as voting in the
affirmative. Councillors O'Leary, Driscoll, and DeToma were recorded as voting
in the negative.
Councillor O'Keefe moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
On the motion of Councillor O'Leary, the meeting adjourned at 8.20 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK