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MINUTES - Regular - 10/24/2002 CITY OF SALEM 585 OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 24, 2002 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 17, 2002 at 4.30 P.M. Councillors Flynn, Bencal, and Lovely were absent. Senior Member 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. #662 — REAPPT. CONSTABLE The Mayor's reappointment of Manuel Sanchez as a Constable for a term to expire October 23, 2004, was received and filed. #663 —APPR. CAPITAL OUTLAY FOR POLICE DEPT. VEHICLE, FORD EXPEDITION The following Order, recommended by the Mayor, was adopted under suspension of the rules. Councillor Driscoll was recorded as "opposed". ORDERED: That the sum of Thirty Four Thousand Eight Hundred Thirty- nine Dollars ($34,839.00) is hereby appropriated to the "Capital Outlay Equipment" Account to be expended for the purchase of a 2003 Ford Expedition for the Police Department in accordance with the recommendation of His Honor the Mayor. #664 —APPR. PARK & RECREATION RENOVATIONS AND REPAIRS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the "Receipts Reserved Golf Course" Account to the "Park and Recreation Renovations and Repairs" Account in accordance with the recommendation of His Honor the Mayor. #665 —APPR. PARK & RECREATION LOAM 586 CITY OF SALEM OCTOBER 24, 2002 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 Eight Thousand Dollars ($8,000.00) is hereby appropriated from the "Receipts Reserved Golf Course" Account to the "Park and Recreation Loam" Account in accordance with the recommendation of His Honor the Mayor. #666 —APPR. PARK & RECREATION RENOVATION AND REPAIRS 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 Renovations & Repairs" Account in accordance with the recommendation of His Honor the Mayor. #667 —APPR. SALEM COMMON RECEIPTS FOR PARK RENOVATION, LIGHTS AT SALEM COMMON The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Three Thousand Dollars ($3,000.00) is hereby appropriated from the "Receipts Reserved Salem Common" Account to the "Park and Recreation Renovation and Repairs" Account, in accordance with the recommendation of His Honor the Mayor. #668 — ORDINANCE EST. POSITION AND SALARY OF ELECTION ASST. TO CITY CLERK The following Ordinance, recommended by the Mayor, was adopted for first passage by a roll call vote of 8 yeas, 0 nays, 3 absent. Councillors Chuber, DeToma, Driscoll, Furey, Harvey, O'Keefe, O'Leary, and Sargent were recorded as voting in the affirmative. Councillors Bencal, Lovely, and Flynn were absent. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. In the year two thousand and two CITY OF SALEM 587 OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL An Ordinance to amend an Ordinance relative to the Salary and Classification of Certain Employees of the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Section 2-52, is hereby amended as follows: Establish the position of Election Assistant to City Clerk within Job Grade 11. Section 2. This Ordinance shall take effect as provided by City Charter. #669 — INCREASE POLICE PATROLS IN WITCHCRAFT HEIGHTS & CITY ON HALLOWEEN NIGHT Councillor Harvey introduced the following Order, on behalf of Councillor O'Leary, which was adopted. ORDERED: That the Police Department increase patrols in the Witchcraft Heights area and throughout the City on Halloween. #670 — ELECTION ORDER — STATE ELECTION — NOVEMBER 5, 2002 Councillor Harvey introduced the following Order, which was adopted. Councillor Harvey moved to waive the reading of the Order. It was so voted. ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter on Tuesday, November 5, 2002 for the purpose of casting votes in the State Election for the candidates of political parties for the following Offices: SENATOR IN CONGRESS FOR THE COMMONWEALTH GOVERNOR AND LT. GOVERNOR FOR THE COMMONWEALTH ATTORNEY GENERAL FOR THE COMMONWEALTH SECRETARY FOR THE COMMONWEALTH TREASURER FOR THE COMMONWEALTH AUDITOR FOR THE COMMONWEALTH REPRESENTATIVE IN CONGRESS, SIXTH CONGRESSIONAL DISTRICT COUNCILLOR, FIFTH COUNCILLOR DISTRICT SENATOR IN GENERAL COURT, SECOND ESSEX DISTRICT REPRESENTATIVE IN GENERAL COURT, SEVENTH ESSEX DISTRICT DISTRICT ATTORNEY, EASTERN DISTRICT REGISTER OF PROBATE FOR ESSEX COUNTY 588 CITY OF SALEM OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL AND THE FOLLOWING QUESTIONS: QUESTION #1 — ELIMINATING STATE PERSONAL INCOME TAX (SEE FOLLOWING TEXT) QUESTION #2 — ENGLISH LANGUAGE EDUCATION IN PUBLIC SCHOOLS (SEE FOLLOWING TEXT) QUESTION #3 — TAXPAYER FUNDING FOR POLITICAL CAMPAIGNS (NON-BINDING SEE FOLLOWING) QUESTION #4 - REPRESENTATIVE VOTE FOR SPEAKER FINNERAN (NON-BINDING SEE FOLLOWING) QUESTION 1: Law Proposed by Initiative Petition Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2002? SUMMARY: This proposed law would provide that no income or other gain realized on or after July 1, 2003, would be subject to the state personal income tax. That tax applies to income received or gain realized by individuals and married couples, by estates of deceased persons, by certain trustees and other fiduciaries, by persons who are partners in and receive income from partnerships, by corporate trusts, and by persons who receive income as shareholders of"S corporations" as defined under federal tax law. The proposed law would not affect the tax due on income or gain realized before July 1, 2003. The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect. A YES VOTE would eliminate any state personal income tax for income or other gain realized on or after July 1, 2003. A NO VOTE would make no change in state tax laws. QUESTION 2: Law Proposed by Initiative Petition Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 1, 2002? SUMMARY: This proposed law would replace the current state law providing for transitional bilingual education in public schools with a law requiring that, with limited exceptions, all public school children must be taught English by being taught all subjects in English and being placed in English language classrooms. The proposed law would require public schools to educate English CITY OF SALEM 589 OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL learners (children who cannot do ordinary classwork in English and who either do not speak English or whose native language is not English) through a sheltered English immersion program, normally not lasting more than one year. In the program, all books and nearly all teaching would be in English, with the curriculum designed for children learning English, although a teacher could use a minimal amount of a child's native language when necessary. Schools would be encouraged to place in the same classroom children who are from different native-language groups but who have the same level of English skills. Once a student is able to do regular schoolwork in English, the student would be transferred to an English language mainstream classroom. These requirements would not affect special education programs for physically or mentally impaired students or foreign language classes for children who already know English. Parents or guardians of certain children could apply each year to have the requirements waived, so as to place their child in bilingual education or other classes, if the parents or guardians visit the school to be informed, in a language they can understand, about all available options. To obtain a waiver, the child must either (1) already know English; or (2) be at least 10 years old, and the school principal and staff believe that another course of study would be better for the child's educational progress and rapid learning of English; or (3) have special physical or psychological needs (other than lack of English skills), have already spent 30 days in an English language classroom during that school year, the school principal and staff document their belief that the child's special needs make another course of study better for the child's educational progress and rapid learning of English, and the school superintendent approves the waiver. If 20 or more students in one grade level at a school receive waivers, the school would have to offer either bilingual education classes providing instruction in both the student's native language and English or classes using other generally recognized educational methodologies permitted by law. In other cases, a student receiving a waiver would have to be allowed to transfer to a school offering such classes. A parent or guardian could sue to enforce the proposed law and, if successful, would receive attorney's fees, costs and compensatory money damages. Any school employee, school committee member or other elected official or administrator who willfully and repeatedly refused to implement the proposed law could be personally ordered to pay such fees, costs, and damages; could not be reimbursed for that payment by any public or private party; and could not be elected to a school committee or employed in the public schools for 5 years. Parents or guardians of a child who received a waiver based on special needs could sue if, before the child reaches age 18, they discover that the application for a waiver was induced by fraud or intentional misrepresentation and injured the child's education. All English learners in grades kindergarten and up would take annual standardized tests of English skills. All English learners in grades 2 and up 590 CITY OF SALEM OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL would take annual written standardized tests, in English, of academic subjects. Severely learning disabled students could be exempted from the tests. Individual scores would be released only to parents, but aggregate scores, school and school district rankings, the number of English learners in each school and district, and related data would be made public. The proposed law would provide, subject to the state Legislature's appropriation, $5 million each year for 10 years for school committees to provide free or low-cost English language instruction to adults who pledged to tutor English learners. The proposed law would replace the current law, under which a school committee must establish a transitional bilingual education program for any 20 or more enrolled children of the same language group who cannot do ordinary classwork in English and whose native language is not English or whose parents do not speak English. In that program, schools must teach all required courses in both English and the child's native language; teach both the native language and English; and teach the history and culture of both the native land of the child's parents and the United States. Teaching of non-required subjects may be in a language other than English, and for subjects where verbalization is not essential (such as art or music), the child must participate in regular classes with English-speaking students. Under the current law, a child stays in the program for 3 years or until the child can perform successfully in English-only classes, whichever occurs first. A test of the child's English skills is given each year. A school committee may not transfer a child out of the program before the third year unless the parents approve and the child has received an English-skills test score appropriate to the child's grade level. A child may stay in the program longer than 3 years if the school committee and the parent or guardian approve. Parents must be informed of their child's enrollment in the program and have the right to withdraw their child from the program. The proposed law's testing requirements would take effect immediately, and its other requirements would govern all school years beginning after the proposed law's effective date. The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect. A YES VOTE would require that, with limited exceptions, all public school children must be taught English by being taught all subjects in English and being placed in English language classrooms. A NO VOTE would make no changes in English language education in public schools. CITY OF SALEM 591 OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL QUESTION 3: THIS QUESTION IS NOT BINDING Do you support taxpayer money being used to fund political campaigns for public office in the Commonwealth of Massachusetts? QUESTION 4: THIS QUESTION IS NOT BINDING Shall the state representative from this district be instructed not to vote for Thomas M. Finneran of Boston for Speaker of the state House of Representatives. AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: WARD ONE PRECINCT ONE Bentley School, Memorial Drive PRECINCT TWO Recreation Room, 27 Charter Street WARD TWO PRECINCT ONE Bentley School, Memorial Drive PRECINCT TWO Salem Heights Recreation Room, 12 Pope Street WARD THREE PRECINCT ONE Council on Aging, 5 Broad Street PRECINCT TWO Ste. Anne's School, 9 Cleveland Street WARD FOUR PRECINCT ONE Endicott School, 112 Boston Street PRECINCT TWO Princeton Crossing, 12 Heritage Dr. WARD FIVE PRECINCT ONE Temple Shalom, 287 Lafayette Street PRECINCT TWO Community Room, Pioneer Terrace WARD SIX PRECINCT ONE Bates School, Liberty Hill Avenue PRECINCT TWO Recreation Dept., Mack Park WARD SEVEN PRECINCT ONE Fire Station, 64 Loring Avenue PRECINCT TWO Salem State Gymnasium, Harrison Road 592 CITY OF SALEM OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7.00 a.m. and closed at 8.00 p.m. and that the City Clerk be instructed to post this notice as required by law. #671 — STOP SIGNS, 60 DAY TRIAL, SARGENT ST. AT ORNE ST., AND LIBERTY HILL AVE. AT APPLETON ST. Councillor Harvey introduced the following Order, which was adopted. ORDERED: That the Police Traffic Division institute a 60 day trial period; stop signs on Sargent Street at the intersection with Orne Street, and Liberty Hill Avenue westbound at the intersection with Appleton Street. #672 — NOVEMBER AND DECEMBER MEETING SCHEDULE Councillor Chuber introduced the following Order, which was adopted. ORDERED: That the regular meetings of the City Council for the months of November and December, 2002, shall be held on the following dates: Thursday, November 14, 2002 Thursday, November 21, 2002 Thursday, December 5, 2002 Thursday, December 19, 2002 #673 —ACCEPT. M.G.L.A. CH. 58, SEC. 8C, TAX ABATEMENTS FOR AFFORDABLE HOUSING Councillor Driscoll introduced the following Order, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs. ORDERED: That the City of Salem hereby accepts the provisions of Massachusetts General Laws, Chapter 58, Section 8C, pertaining to the allowance of tax abatement agreements for sites proposing affordable housing. #674 — INFRASTRUCTURE REPAIRS FROM WATER AND SEWER RATE INCREASES Councillor Driscoll introduced the following Order, which was adopted. ORDERED: That the City Engineer, Finance Director, and a representative of the Mayor's office meet with the Administration and Finance CITY OF SALEM 593 OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL Committee to discuss the proposed water and sewer infrastructure project as they relate to the recent rate increase. #675 — (#639) — (#639) — USE OF SALEM COMMON 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 the following requests to use the Salem Common has considered said matter and would recommend that the following be approved. Salem Y.M.C.A. boot camp, October 28 through November 21, 2002 1st Lt. Benjamin Kirk Summers for military ceremony, November 3, 2002 #676 — 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. TAG DAY S.H.S. Ice Hockey, November 23, 2002 S.H.S. Harvard Model Congress, Nov. 30 & Dec. 14, 2002 PUBLIC GUIDE Douglas Sabin, 34 Northey St., Salem SECOND HAND VALUABLE Bernard Jewelers, 179 Essex St., Salem LIMOUSINE Jireh Car Service (formerly Mildred's), 10 Prince St., Salem #677 — (#390) — STATUS OF CAMP NAUMKEAG 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. 594 CITY OF SALEM OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of the status of Camp Naumkeag has considered said matter and would recommend that the City Solicitor review the status of land at 85 Memorial Drive to determine if there are any restrictions on use of land, and the Park and Recreation Commission and Park and Recreation Superintendent provide feedback to the City Council regarding the possibility of transferring that land or designating that land to the Park and Recreation Commission; and the Park and Recreation Department advise the City Council on their propose use of the land if designated or transferred. #678 — (#560) — USE OF COIN OPERATED AIR PUMPS 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. Councillor O'Keefe was recorded as opposed. The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of amending the Ordinance pertaining to operative air pumps required to store fuel has considered said matter and would recommend that the attached Ordinance be adopted for ffirst passage. #678A— ORDINANCE AMENDING OPERATIVE AIR PUMPS AT SERVICE STATIONS. In the year two thousand and two An Ordinance to amend an Ordinance relative to operative air pump required to store fuel Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 14, Section 44, is hereby amended by deleting in the last sentence "without a fee or charge for the use thereof' and inserting in place thereof the following: "Complimentary air to be provided to retail fuel customers" Section 2. This Ordinance shall take effect as provided by City Charter. #679 — (#623) —APPR. PARK AND RECREATION RENTAL LEASE Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. CITY OF SALEM 595 OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL The Committee on Administration and Finance to whom was referred an appropriation of$15,000.00 from Receipts Reserved to Park and Recreation Renal Lease has considered said matter and would recommend approval. #680 — (#624) —APPR. PARK AND RECREATION TELEPHONE Councillor Driscoll offered the following report the 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 an appropriation of$10,000.00 from Golf Course Receipts to Park and Recreation Telephone, has considered said matter and would recommend approval. #681 — REQUEST OF CITY SOLICITOR TO HOLD EXECUTIVE SESSION The request of the City Solicitor, John Keenan, to hold an Executive Session to discuss a potential settlement, was rescheduled for the next meeting. #682 — REQUEST TO PURCHASE CITY OWNED LAND AT 136 HIGHLAND AVE. The request of Michael Higgins to purchase city-owned land at 136 Highland Avenue, was referred to the Committee on Government Services. #683 -#702 — LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. TAXI OPERATOR John Bedrossian, Jr., 11 Sevinor Rd., Marblehead Ronald E. Leslie, 10B Pioneer Terr., Salem Frederick D. Meister, 51 Northfold Ave., Swampscott Larry Tessier, 81 Leach St., Salem VEHICLE FOR HIRE Friendship Carriage Tours, 13 Crombie St., Salem (3 horse drawn) FORTUNETELLING Therese Devoe Noll, 401 Essex St., Salem Michael Noll, 401 Essex St., Salem Andrew Snow, 12 Scotia St., Salem Linda Weinbaum, 18 Hancock St., Salem JUNK DEALER Isaac Talkowsky & Son, Inc., 18-24 Phillips St., Salem 596 CITY OF SALEM OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL PUBLIC GUIDE Frances Marrow, 12 Strawberry Hill Lane, Danvers Mollie Stewart, 74 Essex St., Salem Ruth G. Wall, 13 Crombie St., Salem SEAWORMS Maria Bettencourt, 21 Harris St., Peabody SECOND HAND Antiques at Museum Place, Museum Place Mall VALUABLE Army Barracks, 234 Essex St., Salem The Consignery, 293 Jefferson Ave., Salem Filigree & Fancy, 4 Wharf St., Salem Marine Arts Gallery, 135 Essex St., Salem RJ Coins, 72 Wharf St., Salem Salem Coin & Jewelry, 149 North St., Salem Salem Used Furniture & Antiques, 107 '/2 Bridge St. Tobie's Jewelry, 142 Washington St., Salem #703 -#704 — DRAINLAYER/CONTRACT OPERATOR LICENSES The following Drainlayer/Contract Operator License application was granted. United Utility Corp., 42 Haverhill Road, Amesbury #705 -#706 — BONDS The following Constable Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. CONSTABLE James Russell, 82 Lowell Street Manuel Sanchez, 604 Essex St. Apt. 207, Lynn (#414) — RECONSIDERATION OF ORDINANCE AMENDING WATER RATES Councillor Harvey moved reconsideration of the vote taken on an Ordinance amending Water Rates. Reconsideration was denied. (#415) — RECONSIDERATION OF ORDINANCE AMENDING SEWER RATES Councillor Harvey moved reconsideration in the vote taken on an Ordinance amending Sewer Rates. Reconsideration was denied by a roll call vote of 2 yeas, 6 nays, 3 absent. Councillors Harvey and O'Leary were recorded as voting in the affirmative. Councillors Chuber, DeToma, Driscoll, Furey, O'Keefe, and Sargent were recorded as voting in the negative. Councillors Bencal, Lovely, and Flynn were absent. CITY OF SALEM 597 OCTOBER 24, 2002 REGULAR MEETING OF THE CITY COUNCIL On the motion of Councillor Harvey, the meeting adjourned at 7.55 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK