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MINUTES - Regular - 6/12/2003 CITY OF SALEM 173 J U N E 12, 2003 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 12, 2003 at 7.18 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 6, 2003 at 12.07 P.M. Councillor Furey was absent. Council President Leonard F. O'Leary presided. Councillor O'Keefe 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. It was so voted. #456 —APPT. JOHN A. BORIS AS MEMBER OF LICENSING BOARD The Mayor's appointment of John A. Boris as a member of the Licensing Board, for a term to expire April 1, 2009, was held until the next meeting and a Committee of the Whole meeting will be scheduled for June 26, 2003. #457 —APPR. PARK & RECREATION GOLF COURSE EQUIPMENT REPAIR The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the "Receipts Reserved Golf Course" Account to the "Park and Recreation Golf Course Equipment Repair" Account in accordance with the recommendation of His Honor the Mayor. #458 —APPR. PUBLIC SERVICES WATER RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was adopted under suspension of the rules. Councillor Bencal moved that a City Seal be sent to Helen Jiadosz on her retirement. It was so voted. ORDERED: That the sum of Seven Thousand Two Hundred Nineteen Dollars and seventeen cents ($7,219.17) is hereby appropriated from the "Retained Earnings Water" Account to the "Public Services Water Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. 174 CITY OF SALEM J U N E 12, 2003 REGULAR MEETING OF THE CITY COUNCIL #459 —APPR. PUBLIC SERVICES SEWER RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Seven Thousand Two Hundred Nineteen Dollars and seventeen cents ($7,219.17) is hereby appropriated from the "Retained Earnings Sewer" Account to the "Public Services Sewer Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #460 —APPR. WINTER ISLAND STORE INVENTORY The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the "Receipts Reserved Golf Course" Account to the "Park and Recreation Winter Island Store Inventory" Account in accordance with the recommendation of His Honor the Mayor. #461 —APPR. SPECIAL EDUCATION TUITION The following Order, recommended by the Mayor, was received after the deadline of Tuesday Noon. Councillor DeToma requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of One Hundred Twenty-Five Thousand Dollars ($125,000.00) is hereby appropriated from the "Free Cash General Fund" Account to the "Special Education Tuition" Account in accordance with the recommendation of His Honor the Mayor. #462 — RESOLUTION — ROBERT GESWELL RETIREMENT AS SHS ATHLETIC DIRECTOR Councillor Harvey introduced the following Order, which was adopted. ORDERED: That a resolution by the City and a city seal be given to Bob Geswell on his retirement as Salem High School Athletic Director. CITY OF SALEM 175 J U N E 12, 2003 REGULAR MEETING OF THE CITY COUNCIL #463 — ORDINANCE ESTABLISHING HOURS FOR HAWKERS, PEDDLERS, AND DOOR TO DOOR SOLICITORS Councillor Harvey introduced the following Ordinance. In the year two thousand and three An Ordinance to amend an Ordinance relative to Hawkers, Peddlers, and Solicitors Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 28, Section 28-100, Trespassing, is hereby amended by deleting the words "9:00 A.M. or after the hours of 9.00 P.M." and inserting in place thereof the words "9:00 A.M. or after the hours of 7.00 P.M." Section 2. Chapter 28, Section 100, Trespassing, is hereby amended by adding the following: Any person, who enters the premises of a resident during prohibited hours, shall be subject to immediate revocation of said license by the Chief of Police. Section 3. This Ordinance shall take effect as provided by City Charter. Councillor Bencal amended to delete 7:00 P.M." and insert "...sunset, but no later than 7.00 P.M." The amendment was adopted. The Ordinance was adopted for first passage as amended, so that it shall now read as follows: In the year two thousand and three An Ordinance to amend an Ordinance relative to Hawkers, Peddlers, and Solicitors Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 28, Section 28-100, Trespassing, is hereby amended by deleting the words "9:00 A.M. or after the hours of 9.00 P.M." and inserting in place thereof the words "9:00 A.M. or after sunset, but no later than 7.00 P.M." 176 CITY OF SALEM J U N E 12, 2003 REGULAR MEETING OF THE CITY COUNCIL Section 2. Chapter 28, Section 100, Trespassing, is hereby amended by adding the following: Any person, who enters the premises of a resident during prohibited hours, shall be subject to immediate revocation of said license by the Chief of Police. Section 3. This Ordinance shall take effect as provided by City Charter. #464 — PARKING ISSUES ON NORTH STREET FOR BUSINESSES AND RESIDENTS Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet relative to the discussion and implementation of possible parking solutions on North Street as they affect businesses and residents from Commercial Street to Osborne Street. Invited shall be residents and property owners of the affected area, the Salem Police Traffic Division, and the Parking Director. Further, the Ward Councillor shall make invitation to all these parties. #465 — SCHOOL DEPARTMENT MAY BUDGET REPORT Councillor DeToma introduced the following Order, which was adopted. ORDERED: That the School Department May fiscal year 2003 budget report be received and placed on file. #466 — TEMPORARY OCCUPANCY PERMIT FOR PROPERTY ON BOSTON ST. AND RAWLINS STREET Councillor Harvey introduced the following Order on behalf of Council President O'Leary, which was adopted. ORDERED: That the Committee on Government Services meet with the Building Inspector to discuss the temporary occupancy permit issued for the property located on Boston Street and Rawlins Street. # 467 — BLOCK PARTY ON ABERDEEN STREET Councillor Harvey introduced the following Order on behalf of Council President O'Leary, which was adopted. CITY OF SALEM 177 J U N E 12, 2003 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the attached request of the residents for a July 4t" block party on Aberdeen Street be adopted. And further, that the street be blocked on the Salem end at the intersection with Dundee Street. #468 — BLOCK PARTY ON SHORE AVE. AND BUTLER STREET Councillor Driscoll introduced the following Order, which was adopted. ORDERED: That the attached requests of residents for a July 4t" block party on Shore Avenue and Butler Street be adopted. #469 — (#429) — ORDINANCE AMENDING THE POSITION OF ASST. TREASURER/COLLECTOR 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 an Ordinance relative to the Position of Assistant Treasurer/Collector has considered said matter and would recommend that the Ordinance be adopted for first passage. #470 — (#436) — ISSUES REGARDING PROPERTY LOCATED BETWEEN THORNDIKE AND HUBON STREETS (WELCH PROPERTY) Councillor Harvey offered the following report for the Committee on Public Health, Safety and the Environment. It was voted to accept the report and adopt the recommendation. The Committee on Public Health, Safety and Environment to whom was referred issues regarding the property located between Thorndike and Hubon Streets has considered said matter and would recommend that the City Solicitor immediately file in Superior Court for the determination of land use for the property described at 18 Thorndike Street. And be it further ordered that the Solicitor report back to the City Council relative to his actions at the next regularly scheduled meeting. 178 CITY OF SALEM J U N E 12, 2003 REGULAR MEETING OF THE CITY COUNCIL #471 — (#453) — SALEM HIGH SCHOOL TAG DAY 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. TAG DAY SHS Football Boosters, Sept. 27, Oct. 18, Nov. 8, 2003 #472 — (#401) — (#434) — PARKING ISSUES ON CONGRESS ST. AND DERBY ST. Councillor Bencal offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation. The Committee on Government Services to whom was referred issues regarding parking on Derby Street and Congress Street has considered said matter and would recommend as follows: Congress Street, diagonal parking scheme to be worked out between the Ward Councillor, the Planning Department and the Police Traffic for a limited test period. The Planning Department meet with the Ward Councillor and the Police Traffic Division, to design an alternating parking pattern for Derby Street, commencing at either Daniels or Hardy Streets, and continuing to Webb Street. ADMINISTRATION AND FINANCE COMMITTEE, ORAL REPORT ON BUDGET STATUS Councillor DeToma gave an oral report to the City Council regarding the progress of budget deliberations, and the status of our free cash reserves. #473 — SOLICITOR RECOMMENDATION REGARDING PROPERTY AT 18 CROMBIE STREET A communication from City Solicitor John Keenan, relative to the property located at 18 Crombie Street, was referred to the Committee on Community and Economic Development. CITY OF SALEM 179 J U N E 12, 2003 REGULAR MEETING OF THE CITY COUNCIL #474 — CAPT. CALLAHAN COMMUNCATION REGARDING UPCOMING EVENTS FOR PEABODY ESSEX MUSEUM GRAND OPENING A communication from Captain Robert Callahan of the Salem Police Department, regarding the upcoming events at the Peabody Essex Museum on June 21 and 22, 2003, and the possible closing of the streets, was approved. #475 — CITY ELECTRICIAN RESPONSE REGARDING PEDESTRIAN CROSSING ON JACKSON STREET AT BROAD STREET PLAYGROUND A communication from Mr. John Giardi, City Electrician, responding to a Council Order regarding pedestrian crossing lights on Jackson Street at Broad Street Playground, was received and filed. #476 — REQUEST TO PURCHASE CITY LAND ON LAWRENCE STREET A request from Don Hesse to purchase city-owned land on Lawrence Street, was referred to the Committee on Community and Economic Development. #477 — PEABODY ESSEX MUSEUM TO ERECT TENT ON ESSEX ST. MALL AND NEW LIBERTY ST. FOR GRAND OPENING A request was received from the Peabody Essex Museum to erect a tent at the corner of the Essex Street Mall and New Liberty Street for their grand opening on June 14. Councillor O'Keefe amended that the tent be a California fire retardant tent. The amendment was so voted. The request was adopted as amended. #478 — TRANSFER OF TAXI CAB COMPANY BY FAMILY CAR SERVICES A communication from Juan A. Castillo, advising the City Council of the transfer of ownership of Family Car Service. The request was granted. #479 -#480 — BLOCK PARTIES The following Block Party requests were granted. Buchanan Road, July 3, 2003 180 CITY OF SALEM J U N E 12, 2003 REGULAR MEETING OF THE CITY COUNCIL Puritan Road, August 23, 2003 #481 -#494 — LICENSE APPLICATIONS The following License applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. TAG DAY S.H.S. Ice Hockey, November 22, 2003 TAXI OPERATOR Russell Shafer, 8 Dana Rd., Peabody Rudy Rosario, 25 Ward St., Salem PUBLIC GUIDE Heather Bellegarde, 300 Essex St., Salem Judith Eidelman, 8 Long View Dr., Marblehead Carole A. Hartling, 37 Peach Highlands, Marblehead Alice Hernandez, 649 Plymouth St., Holbrook Merrill Kohlhfer, 44 Beaver St., Salem James McAllister, 86 Federal St., Salem Ann R. McDonald, 95 Audubon Rd., Wakefield Helen M. Medler, 1 Gallows Hill Rd., Salem Bruce Rateman, 108 Water St., Danvers William Sano, 35 Daniels St., Salem Herb Van Dam, 361 Lafayette St., Salem Allen Winecour, 161 Garland St., Everett #495 -#496 — CLAIMS The following claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Heather Carroll, 10 Intervale Road, Salem Mildred Espinal, 28 Leavitt Street, Salem #497 — BOND The following Sign Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. Aroma Sanctum Perfumes, 5 Central St., Salem CITY OF SALEM 181 J U N E 12, 2003 REGULAR MEETING OF THE CITY COUNCIL (#433) — SECOND PASSAGE — ORDINANCE ESTABLISHING FINES FOR VIOLATION OF PUBLIC GUIDE ORDINANCE The matter of second and final passage of an Ordinance amending Non- Criminal Fines for Public Guides, was then taken up. The Ordinance was adopted for second and final passage. (#435) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, RESIDENT PARKING, JACKSON STREET AND SALTONSTALL PARKWAY The matter of second and final passage of an Ordinance amending Traffic, Section 75, Resident Sticker Parking on Jackson Street and Saltonstall Parkway, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Sargent, the meeting adjourned at 7.55 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK