MINUTES - Executive - 5/22/2003 CITY OF SALEM 171
MAY 22, 2003
EXECUTIVE SESSION
A Regular Meeting of the City Council was held in the Council Chamber
on Thursday, May 22, 2003 at 7.00 P.M. for the purpose of transacting any and
all business, at which time the City Council, by recorded roll call vote, went into
Executive Session with the City Solicitor to discuss a litigation settlement
regarding Burnham vs. the City of Salem. Notice of this meeting was posted on
May 16, 2003 at 11.20 A.M.
All Councillors were present.
Council President Thomas H. Furey presided.
President Furey called upon City Solicitor John D. Keenan to make a
presentation to the City Council.
Attorney Keenan stated that this is an older case, dating back to 1993
through 1996, regarding issues with Mr. Burnham, Mayor Harrington, and
Building Inspector Leo Tremblay, regarding zoning violations. Mr. Burnham sued
and filed civil action. Both our insurance companies defended the City, and
Constitutional Claims were dismissed at Federal Court. Superior Court
dismissed other claims, that the only matter left were suits against Mayor
Harrington and Leo Tremblay, regarding abuse of authority.
The City's damages could have reached six figures. Currently, the City's
exposure is $5,000.00, and our insurance would pick up the $45,000.00. This
would finalize the suit, and release Mayor Harrington and Mr. Tremblay.
Councillor Bencal moved approval of the settlement of$5,000.00. It was
so voted by a roll call vote of 10 yeas, 1 nays, 0 absent. Councillors Sargent,
O'Leary, Lovely, 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 Keenan stated that there was another issue to discuss, and that
was the issue of the sausage vendor. Attorney Leonard Femino was present to
brief the Council.
Attorney Femino stated that this whole issue is considerably more
complex than it appears, and he is asking the City Council to not discuss or
comment on the matter.
Superior Court decided that a vendor does not have a right to any one
location. It is an extremely complex and long ruling.
172 CITY OF SALEM
MAY 22, 2003
EXECUTIVE SESSION
In a previous suit, the city agreed to let them vend for 5 years for free.
The time is now up, and the Licensing Board has given them three
locations. Kefalas' Attorney is saying we only gave them two, because one
location is only 51 feet from the other location.
The Licensing Board oversees the vendors, and they do a wonderful job.
We expect a suit to be filed.
Councillor Lovely asked about the Licensing Board designating spaces
away from sidewalks.
Attorney Femino responded that the Licensing Board has total control to
determine locations.
There being no further matters to discuss, on the motion of Councillor
O'Keefe, the Executive Session adjourned, and the regular meeting continued,
by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK