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MINUTES - Regular - 12/19/2002 CITY OF SALEM 643 DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 19, 2002 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on December 13, 2002 at 9.22 A.M. Council President Flynn was absent due to a family commitment. 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. Councillor O'Leary requested a moment of silence for Mrs. Patricia Carney, former Director of Constituent Services, who passed away. Councillor Bencal requested a moment of silence for Mrs. Nora Giunta, former Salem School Teacher, who passed away. President O'Leary called upon Councillor Harvey to award the Kernwood Golf Scholarships. #890 — POLE LOCATION ON VICTORY ROAD A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint owned pole on Victory Road. Appearing in favor was Mr. Richard Picone of Verizon. There was no one opposed. The hearing was closed. Councillor Chuber moved that the permit be granted. It was so voted. #891 — CONDUIT LOCATION FOR A T & T BROADBAND A hearing was held on the Order of A.T. & T. Broadband for a conduit location for 230 Essex Street. Appearing in favor was David Pabich, the building Owner. There was no one opposed. The hearing was closed. Councillor Chuber moved that the permit be granted. It was so voted. #892 —APPT. T. JANE GRAHAM-DWYER TO COUNCIL ON AGING The Mayor's appointment of T. Jane Graham Dwyer to serve as a member of the Council on Aging was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Harvey, Lovely, O'Keefe, O'Leary, and Sargent were recorded as voting in the affirmative. Councillor Flynn was absent. 644 CITY OF SALEM DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL #893 — REAPPT. JOHN A. HARRIS TO COMMISSION ON DISABILITIES The Mayor's reappointment of John A. Harris to serve as a member of the Commission on Disabilities for a term to expire January 11, 2005, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Harvey, Lovely, O'Keefe, O'Leary, and Sargent were recorded as voting in the affirmative. Councillor Flynn was absent. #894 —APPT. CONSTABLE The Mayor's appointment of Domingo Dominguez to serve as a Constable for a term to expire November 19, 2003, was received and filed. #895 —APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Thirty Four Thousand Four Hundred Fifty Two Dollars ($34,452.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation Free Cash" Account to the "Fire Department Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #896 —APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Thirty Thousand Six Hundred Seven Dollars and two cents ($30,607.02) is hereby appropriated from the "Fund Balance Reserved for Appropriation Free Cash" Account to the "Fire Department Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #897 —APPR. VETERANS SERVICES VETERANS BENEFITS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation Free CITY OF SALEM 645 DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL Cash" Account to the "Veterans Services Veterans Benefits" Account in accordance with the recommendation of His Honor the Mayor. #898 —APPR. FIRE DPEARTMENT RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty Nine Thousand Nine Hundred Twenty Seven Dollars and forty four cents ($29,927.44) is hereby appropriated from the "Fund Balance Reserved for Appropriation Free Cash" Account to the "Fire Department Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #899 —APPR. TREASURER - MUNICIPAL INSURANCE The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty one thousand sixty dollars ($21,060.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation Free Cash" Account to the "Treasurer Municipal Insurance" Account in accordance with the recommendation of His Honor the Mayor. #900 —APPR. CEMETERY BURIAL The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Seven Thousand Six Hundred Dollars ($7,600.00) is hereby appropriated from the "Receipts Reserved Cemetery Sale of Lots" Account to the "Cemetery Burial" Account in accordance with the recommendation of His Honor the Mayor. #901 — TRANS. PARKING DEPARTMENT BUILDING EQUIPMENT The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the sum of Five Thousand Ninety-Eight Dollars and twelve cents ($5,098.12) is hereby transferred from the "Parking Department Seasonal Labor" Account to the "Parking Department Building and Equipment 646 CITY OF SALEM DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL Maintenance Account in accordance with the recommendation of His Honor the Mayor. #902 — SHADE TREE SALARIES OVERTIME The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Three Thousand Six Hundred Seventy Dollars ($3,670.00) is hereby appropriated from the "Cemetery Sale of Vaults Receipts Reserved" Account to the "Shade Tree Salaries Overtime" Account in accordance with the recommendation of His Honor the Mayor. #903 — EASEMENT TO BEVERLY COOPERATIVE BANK FOR LAND AT 315 DERBY STREET The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development. ORDERED: That the Mayor is hereby authorized to execute a Grant of Easement for consideration of One ($1.00) Dollar, mutual covenants, and other valuable consideration, going from the City of Salem to Beverly Cooperative Bank for the right to pass and repass to and from the same by motor vehicle or otherwise for the purpose of constructing, operating, and maintaining a drive- through teller and automated teller machine structure with appurtenant driveways, curbing, landscaping, drainage, lighting and other public improvements on land known and numbered as 315 Derby Street. #904 — (#787) — MAYOR'S VETO OF ORDINANCE AMENDING STREETS AND SIDEWALKS-ADVANCE NOTIFICATION OF STREET CLOSINGS The following Veto was received from the Mayor after the deadline of Tuesday Noon. Councillor Bencal requested and received unanimous consent to suspend the rules to allow the matter to come before the City Council. There was no action taken for 7 days under the City Charter. To the City Council City Hall Salem, Massachusetts Ladies and Gentlemen of the Council: CITY OF SALEM 647 DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL I am returning with my VETO the Ordinance relative to street openings to you. I can clearly understand the nature of needed notification to neighbors and their abutters in the case of any street closure. Advance notification of a street or sidewalk opening that results in the street being closed makes a great deal of sense. I do not, however, believe that such an encumbered process is necessary in all routine, non-emergency street and sidewalk openings that do not result in the closure of any street to pedestrian or vehicular traffic. I truly feel that the Ordinance should be re-written to reflect these points and address the true nature of the problem. With warm regards, I remain Sincerely, Stanley J. Usovicz, Jr. Mayor #905 — MAYOR SUBMITTING UPDATE ON THE P.I.L.O.T. PROGRAM A communication from the Mayor, submitting an update on the P.I.L.O.T. Program (Payment in Lieu of Taxes) was referred to the Committee on Administration and Finance and Community and Economic Development. #906 — BOARD OF HEALTH NEWSLETTER A communication from the Mayor submitting an informational newsletter from the Board of Health was received and filed. #907 — COMMITTEE OF WHOLE MEET REGARDING S.E.S.D. AND SALEM BEVERLY WATER BOARD REGARDING MEMBERSHIP CRISIS Councillor Harvey introduced the following Order, which was adopted. ORDERED: That the Committee of the Whole meet the week of January 6 with Salem's appointee to the Salem/Beverly Water Supply Board and the other Board members, and Salem's appointee to the South Essex Sewerage Board and other Board members, to discuss the pending crisis at both authorities. 648 CITY OF SALEM DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL #908 — COMMITTEE MATTERS BE CARRIED INTO 2003 Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the attached matters, currently before the various sub- committees of the City Council, be carried into 2003. #909 — GRANTING 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. FORTUNETELLING Debbie Mitchell, 6 Hawthorne Blvd., Salem Fatima Mitchell, 6 Hawthorne Blvd., Salem Tammy Mitchell, 6 Hawthorne Blvd., Salem JUNK DEALER Naumkeag Auto, 50R Broadway SEAWORMS John Silva, 10 Almeda St., Salem TAXI OPERATOR Ed Bielski, 2 Flint St., Salem Brendall Castillo, 11 Meadow St., Salem Juan Castillo, 535 Mountain Ave., Revere Newri Garcia, 6 Ray St., Peabody Ramon Gomez, 260 Washington St., Salem Clifford Goodman, 22 Bertuccio Ave., Salem Ramon Guerrero, 10 Prince St., Salem David Jalbert, 12 Mt. Vernon St., Salem Guillermo Javier, 8 Prince St., Salem Kevin Melzard, 59 Goodale St., Peabody Leonardo Road, 178 Beacon Hill Ave., Lynn Santo Santana, 4 Prince St., Salem Blair Schetrompf Jr., 36 Stanns Ave., Peabody Juan B. Velez, 41 Ward St., Salem LIMOUSINE North Shore Airport Limo, 10 Colonial Rd., Salem (5) Jireh Car Service Inc., 201 Washington St., Salem (4) CITY OF SALEM 649 DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL #910 — (#826) — (#827) — 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: Tracy Leith, 6 Central St., Topsfield, July 12, 2003 (wedding) H.A.W.C. Walk, April 27, 2003 #911 — (#539) — ORDINANCE AMENDING NOISE, LOADING AND UNLOADING OF GOODS 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 Noise, loading and unloading at retail commercial operations, has considered said matter and would recommend that the Ordinance be adopted for second and final passage as amended by the Committee. (#539) — ORDINANCE AMENDING NOISE, LOADING AND UNLOADING OF GOODS The Ordinance reads as follows: In the year two thousand and two An Ordinance to amend an Ordinance relative to Noises Enumerated Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 22, Section 22-2 (4), loading and unloading, manufacturing activities, is hereby amended by adding the following: Loading and unloading of boxes, crates, and containers at all commercial and/or retail establishments 650 CITY OF SALEM DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL Section 2. This Ordinance shall take effect as provided by City Charter. #912 — (#502) — ORDINANCE, HOURS OF OPERATION, REQUIRING A POLICE DETAIL AT CERTAIN ESTABLISHMENTS Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report. The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of Police Detail and hours of operation at retail establishments (incorporating language of City Solicitor) has considered said matter and would recommend that the matter be reported out with no recommendation. Councillor Lovely assumed the Chair for President O'Leary. Councillor O'Leary resumed the Chair. The Ordinance was adopted for first passage (with the Solicitor's language) by a roll cal vote of 7 yeas, 3 nays, 1 absent. Councillors Bencal, Chuber, Furey, Harvey, Lovely, O'Keefe, and Sargent were recorded as voting in the affirmative. Councillors DeToma, Driscoll, and O'Leary were recorded as voting in the negative. Councillor Flynn was absent. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Ordinance reads as follows: (#502) — ORDINANCE, HOURS OF OPERATION, REQUIRING A POLICE DETAIL AT CERTAIN ESTABLISHMENTS In the year two thousand and two An Ordinance to amend an Ordinance relative to Hours of Operation, Retail Business Establishments Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 14, is hereby amended by adding the following paragraph to Section 14-230, applicability to other establishments: CITY OF SALEM 651 DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL The City Council, by 2/3 vote may require the assignment of a private detail officer of the Salem Police Department to any establishment operating between the hours of 11.00 P.M. and 6.00 A.M. to insure the public health, safety, and good order of the community. All costs associated with the police detail shall be borne by the establishment. Prior to voting on such requirement, the Council shall allow the establishment the opportunity to be heard on the cause for such action. The owner shall also have the right to be represented by counsel and have the opportunity to examine any witnesses presented in support of such a requirement. The Council shall provide written notice of the cause(s) for such action at least ten (10) days prior to any vote taken. Included in said notice shall be copies of any written complaints supporting this action. In its order, the Council must specify the hours and days required for the detail and how long it must remain in effect. (ie. 11.00 P.M. until 3.00 A.M., Friday and Saturday nights for the next 3 months) In any event, said order will be subject to review on an annual basis. Section 2. This Ordinance shall take effect as provided by City Charter. #913 — (# 724) — HIGH STREET PLAYGROUND LIGHTING/FENCING Councillor Furey 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 the matter of the High Street Playground has considered said matter and would recommend that the City Electrician, John Giardi, investigate the present lighting conditions in the High Street playground to possibly realign lights and replace any defective or damaged lights and to report back to Councillor Lovely. And Further, that the Park and Recreation Board review fencing and locking gates and parking needs especially for Pratt Street residents and to report back to Councillor Lovely. #914 — (#632) — TRAFFIC AND NEIGHBORHOOD ISSUES ON OSGOOD STREET 652 CITY OF SALEM DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor Furey 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 the matter of Traffic Issues on Osgood Street has considered said matter and would recommend: 1. No left hand turn (coming from Beverly) 2. No heavy truck traffic as recommended by Captain Callahan. #915 — (#682) — (#713) — (#718) — (#719) — (#786) — REQUEST TO PURCHASE VARIOUS PARCELS OF CITY LAND Councillor Furey 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 the matter of requests of various residents to purchase parcels of city-owned land has considered said matter and would recommend as follows: The process and legal procedure of purchasing the attached parcels was discussed step by step to the purchasers of said properties by City Solicitor Keenan and Councillor O'Leary. A time line of survey, legal advice, storm drain regulations, etc. so residents could start the process and procedure. #916 — REQUEST TO PURCHASE CITY LAND ABUTTING 16 BEACON STREET A communication from Mark Matkevicius to purchase city-owned land abutting 16 Beacon Street, was referred to the Committee on Government Services. #917 — USE OF SALEM COMMON AND OLD TOWN HALL FOR NATIONAL GUARD MUSTER The request of Brigadier General Albert A. Mangone to use the Salem Common on April 19, 2003 for a National Guard Heritage Muster and to use Old Town Hall for a luncheon, was approved, and that the city waive all fees for the events. CITY OF SALEM 653 DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Keefe requested and received unanimous consent to suspend the rules to allow General Mangone to speak. #918 — COMMUNICATION FROM NORTH SHORE LABOR COUNCIL REGARDING REMOVAL OF DOMINIC MARRAFFA FROM SALEM HOUSING AUTHORITY A communication from the North Shore Labor Council regarding the removal of Dominic Marraffa from the Salem Housing Authority, was received. Councillor Harvey moved to accept the letter and copies of the charges; request an opinion from the City Solicitor regarding the proper procedures for the Executive and Legislative Branch to follow; the Solicitor is to report back to the City Council no later than January 9, 2003; that the Committee of the Whole meet on January 9, 2003 at 6.30 P.M. with the Mayor; and if the timetable is allowed by statute, that the hearing with Mr. Marraffa be held by January 22, 2003. The motion was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Harvey, Lovely, O'Keefe, O'Leary, and Sargent were recorded as voting in the affirmative. Councillor Flynn was absent. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #919 -#923 — LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. JUNK DEALER Frederick Hutchinson, 15 Robinson Rd. 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 654 CITY OF SALEM DECEMBER 19, 2002 REGULAR MEETING OF THE CITY COUNCIL 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 #924 —# 925 - DRAINLAYER/CONTRACT OPERATOR LICENSES The following Drainlayer/Contract Operator license application was granted. J. Doyle Backhoe Service, 21 Poole's Ln., Rockport #926 — CLAIM The following claim was referred to the Committee on Ordinances, Licenses, and Legal Affairs. Paula Beaulieu, 2 Emerald Avenue, Salem #927 — BOND The following Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and return approved. CONSTABLE Domingo J. Dominguez, 38 Peabody St., Salem On the motion of Councillor Harvey, the meeting adjourned at 9.35 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK