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MINUTES - Regular - 6/24/2004 498 CITY OF SALEM JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 24, 2004 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 18, 2004, at 3.14 P. M. Councillor Veno was recorded as arriving late. Council President Leonard F. O'Leary presided. Councillor Bencal 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. (#364) — DISCONTINUANCE OF HILLSIDE ROAD A hearing was held on the Order to discontinue the public way Hillside Road. Notice of the public hearing was advertised in the Salem Evening News on June 17, 2004. Appearing in favor was Michael Lutrzykowski resident of 5 Hillside Road. There was no one opposed. The hearing was closed. Councillor Harvey moved that the discontinuance of Hillside Road be adopted. The discontinuance of Hillside Road was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, Veno and O'Leary were recorded as voting in the affirmative. Councillor Harvey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #442 — JOINT POLE LOCATION — SCENIC AVENUE A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint pole location on Scenic Avenue. Appearing in favor was a representative of Verizon. Appearing opposed was William Gallagher. Councillor Harvey moved that the matter be taken up on June 30t", 2006. It was so voted. CITY OF SALEM 499 JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL #443 —APPT. ANN LAAFF, LICENSING BOARD The Mayor's appointment of Ann Laaff to serve as a member of the Licensing Board, for a term to expire July 1, 2009, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, Veno and O'Leary were recorded as voting in the affirmative. . Councillor O'Keefe moved that a letter and City seal be sent to Denise Flynn. It was so voted. #444 —APPT. CHRISTINE B. SULLIVAN, SALEM REDEVELOPMENT AUTHORITY The Mayor's appointment of Christine Sullivan to serve as a member of the Salem Redevelopment Authority for a term to expire August 1, 2005 was held under the rules untill the next meeting on July 15, 2004. #445 —APPR. POLICE DEPT. — SALARIES FULL TIME The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Forty-Five Thousand Dollars ($45,000.00) 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. #446 —APPR. FIRE DEPT.- MEDICAL/DENTAL 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 Cash" Account to the "Fire Department — Medical/Dental" Account in accordance with the recommendation of His Honor the Mayor. 500 CITY OF SALEM JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL #447 —APPR. SCHOOL DEPT. — SALARIES — DISTRICT WIDE TEACHING The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to "School Department — Salaries — District Wide Teaching" Account in accordance with the recommendation of His Honor the Mayor. #448 —APPR. — POLICE DEPT. — MEDICAL/DENTAL The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Fourteen Thousand Dollars ($14,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Police Department — Medical/Dental" Account in accordance with the recommendation of His Honor the Mayor. #449 —APPR. TO REFURBISH SALEM COUNCIL ON AGING SENIOR CENTER The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand Dollars ($6,000.00) is hereby appropriated from the "Capital Outlay— Repairs and Renovations" Account to be expended to refurbish the Salem Council on Aging Senior Center at 5 Broad Street in accordance with the recommendation of His Honor the Mayor. #450 — TRANSFER TO HUMAN RESOURCES — SALARIES FULL TIME The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Two Hundred Dollars ($200.00) is hereby transferred from the "Human Resources - Unemployment" Account to the "Human Resources — Salaries — Full Time" Account in accordance with the recommendation of His Honor the Mayor. CITY OF SALEM 501 JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL #451 — FEES FOR PARKING DURING HERITAGE DAYS AND OCTOBER The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That during Heritage Days, August 9 — 15, 2004, one (1) hour parking stamps will allow for two (2) hours of parking in the garages and Church Street lot, with a maximum of four (4) stamps in the garages and two (2) stamps in the lot. And further that the parking fees for the garages and Church Street lot on days as specified during the month of October shall be as follows: Saturdays.................................................$10.00 per entry Sundays............................................ ......$10.00 per entry Monday, October 11t" (Columbus Day) ..........$10.00 per entry Friday, October 29t" after 3.00 P.M................$10.00 per entry And be it further ordered: that on the above-mentioned days and times in October, parking shall be free for Salem residents in the Church Street lot. #452 —AGREEMENT SALE OF SURPLUS LAND AT 136 HIGHLAND AVENUE The following Order, recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. ORDERED: That the Mayor is hereby authorized to enter an agreement for the sale of a city-owned surplus property, located at 136 Highland Avenue, Map 14, Lot 242B, in accordance with Chapter 2, Section 2-1635. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. 502 CITY OF SALEM JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL #453 — (#318) - MAYOR'S VETO OF ORDINANCE RELATIVE TO ADMINISTRATION , MEETING AND PUBLIC EVENT NOTIFICATION The following Veto was received from the Mayor. No action for seven days under the provisions of the Charter. To the City Council City Hall Salem, Massachusetts Ladies and Gentlemen of the Council: I am returning herewith Council Order#318 dated May 13, 2004, pertaining to Amending an Ordinance Relative to Administration, Meeting and Public Event Notification VETOED. As you are aware, MGL, Chapter 39, Section 23B, clearly provides that all meetings of governmental bodies shall be open to the public and that a notice of every meeting of any governmental body shall be filed with the clerk of the city and publicly posted. It further states that this section shall "not apply to any chance meeting, or social meeting..." I believe we are in agreement that advance notification of meetings invites public participation and ensures that all interested parties remain informed of developments; however, the proposed ordinance is vague and unwieldy at best and at worst seeks to stifle public discussion and spontaneous debate. As written, the proposed ordinance is unclear and far exceeds the reach of the Public Meeting Law. What constitutes a reception or study? Are impromptu meetings and discussions prohibited? Who determines when the ordinance has been violated and how is arbitrary enforcement of the ordinance to be avoided? In addition, the ordinance imposes an unnecessary and burdensome notification process and creates avoidable costs. At a time when the city seeks to eliminate all unnecessary expenditures, I cannot support the proposed Ordinance Amendment. For all of the reasons cited above, I respectfully request that the Council sustain this VETO. Sincerely, s/Stanley J. Usovicz, Jr. Mayor CITY OF SALEM 503 JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL #454 — CLIMATE OF HIGH SCHOOL AND HORACE MANN SCHOOL Councillor Furey introduced the following Order. ORDERED: That the Committee of the Whole of the City Council meet with the School Committee and Superintendent to discuss the climate in our High School. Councillor O'Keefe amended to include discussion about the Horace Mann School. It was so voted. Councillor Harvey amended to invite the Principal, Administrators, Teachers Union, Parents and Students. It was so voted. Councillor Lovely amended to relocate this meeting to the Middle School. It was so voted. The Order was adopted as amended as follows: ORDERED: That the Committee of the Whole of the City Council meet with the School Committee and Superintendent to discuss the climate in our High School and to include discussion about the Horace Mann School. Also to be invited the Principal, Administrators, Teachers Union, Parents and Students. This meeting is to be relocated to the Middle School. #455 — EXTENDING GUARD RAIL AROUND THE BATES SCHOOL Councillor Bencal introduced the following. ORDERED: That the Department of Public Works extend the guardrail along the playground at the Bates School. Further that the Director of Public Works report to the Committee on Public Health, Safety and Environment no later than July 15, 2004 on the progress of this work and that the work be completed prior to the start of the 2004 — 2005 school year. Councillor Harvey amended to include the guardrail on the overpass be replaced. 504 CITY OF SALEM JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL The Order was adopted as amended as follows: ORDERED: That the Department of Public Works extend the guardrail along the playground at the Bates School. Further that the Director of Public Works report to the Committee on Public Health, Safety and Environment no later than July 15, 2004 on the progress of this work and that the work be completed prior to the start of the 2004 — 2005 school year. Also to include the guardrail on the overpass be replaced. #456 — MEET ON JUNE 30, 2004 REGARDING FY05 BUDGET Councillor Harvey introduced the following order, which was adopted. ORDERED: That the Committee on Administration and Finance meet on June 30, 2004 at 6.00 P.M. and be followed by a Special Meeting of the City Council at 7.00 P.M. regarding the Fiscal Year 2005 Budget. #457 — SAFETY CONCERNS ON CLIFTON AVENUE AND ADAMS STREET Councillor Veno introduced the following order, which was adopted. ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss Traffic safety concerns on Clifton Avenue and on Adams Street. Be it further ordered that among those invited are Capt. Robert Callahan of the Salem Police Department, City Engineer Bruce Thibodeau, and affected residents as determined by the Ward 5 Councillor. #458 — DISCONTINUANCE OF PRINCE STREET PLACE Councillor Lovely introduced the following order, which was adopted. ORDERED: That a public hearing for the discontinuance of Prince Street Place be held on July 15, 2004. CITY OF SALEM 505 JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL #459 — BIKE PATH ALONG CANAL STREET Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development meet to discuss progress on plans to extend the bike path in south Salem along Canal Street. Be it further Ordered that among those invited are the City Planner and the City Engineer. #460 — CONSOLIDATION OF THE FINANCE DEPARTMENTS Councillor Harvey introduced the following Order, which was adopted. ORDERED: That the School Committee, Superintendent of Schools and the Budget Director meet to discuss consolidation of the School and City Finance Departments and report back to the City Council in September. #461 — (#433 — 438) - 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 approval. TAXI OPERATOR Karen Milaszewski, 251 Newbury St., Peabody Jose Perez, 37 Ward St., Salem Edwin Smith, 466 Newbury St., Peabody Edward J. Tracchia, Jr., 31 Rockdale Ave., Peabody TAG DAY MA Renegades AAU Basketball Club, June 26, 2004 S.H.S. Gymnastics Team, November 6, 2004 VFW Post 1524, Nov. 11, 12 & 13, 2004 VFW Post 1524, May 26, 27 & 28, 2005 506 CITY OF SALEM JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL #462 -#462A—ACCEPTANCE OF M.G.L. Ch. 40, SEC. 8G, POLICE DEPT. MUTUAL AID PROGRAM 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 accepting the provision of Massachusetts General Law Chapter 40, Section 8G, Police Department Mutual Aid Program, has considered said matter and would recommend adoption of the following: ORDERED: That the City of Salem hereby accepts the provision of Massachusetts General Laws, Chapter 40, Section 8G authorizing the Police Department to enter into an agreement with another city or town to provide mutual aid programs. #463 -#463A— ORDINANCE RELATIVE TO AGREEMENT FOR MUTUAL POLICE AID PROGRAMS 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 amending an Ordinance relative to Agreement for Mutual Police Aid Programs, has considered said matter and would recommend adoption for first passage as follows: In the year two thousand and four An Ordinance to amend an Ordinance pertaining to Police Mutual Aid to other Cities and Towns Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 32, Section 32-18 is hereby amended by 1) re-naming this section "Mutual Police Aid to other Cities and Towns"; 2) Deleting the pharse "...in the suppression of riots or other forms of violence therein" as it appears in the first sentence of this section and replacing it with the following new phrase "that city or town in protecting CITY OF SALEM 507 JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL lives, safety and property of the people of that community in both emergency and non-emergency situations."; and 3) Including a reference to M.G.L. c.40, s.BG within the state law references found in this section. Section 2. This Ordinance shall take effect as provided by City Charter. #464 — (#278) — EXTENDED HOURS OF OPERATION FOR CITGO GAS STATION Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and the recommendation was adopted by roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, Pelletier and Veno were recorded as voting in the affirmative. Councillors O'Keefe, Sargent, Sosnowski and O'Leary were recorded as voting in the negative. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of extension of hours of operation from 11.00 P.M. to midnight for the Citgo gas station located at 10 1-105 North Street, has considered said matter and would recommend approval. Councillor Bencal moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor O'Keefe was recorded as opposed. #465 — (#414) —APPROPRIATION FOR FIRE DEPT. — PURCHASE OF SERVICES Councillor Harvey offered the following report for 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 the matter of an appropriation of$3,275.00 for the Fire Department — Purchase of Service, has considered said matter and would recommend it be adopted. 508 CITY OF SALEM JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL #466 — (#363) — ORDINANCE RELATIVE TO SALARY CLASSIFICATION OF CERTAIN EMPLOYEES (COA VAN DRIVERS) Councillor Harvey offered the following report for 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 the matter of amending an ordinance relative to the Salary Classification of Certain Employees (Council on Aging Van Drivers), has considered said matter and would recommend adoption for first passage. Councillor Harvey gave an oral report informing the City Council of a meeting with Kathy Griffin, Financial Analyst from Beverly. #467 — EXTENDED HOURS OF OPERATION FOR SALEM JADE The petition from Jackie Lee, owner of Salem Jade Restaurant for extended hours of operation, was referred to the Committee on Ordinances, Licenses and Legal Affairs. #468 — EXTENDED HOURS OF OPERATION FOR WENDY'S The petition from Stephen Ruggiero, District Manager for Wendy's for hours of operation, was referred to the Committee on Ordinances, Licenses and Legal Affairs. #469 —#473 - BLOCK PARTIES The following request for Block Parties were granted. Beaver Street, July 4, 2004 Cushing Street, July 4, 2004 Osgood Street, July 4, 2004, raindate July 5, 2004 Corner 74 Moffatt Road at Auburn Road, June 26, 2004, raindate June 27, 2004 Scenic Avenue, August, 14, 2004, raindate August 21, 2004 CITY OF SALEM 509 JUNE 24, 2004 REGULAR MEETING OF THE CITY COUNCIL #474 — LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. TAXI OPERATOR Susan J. Pizzano, 104 Beach Rd., Salisbury Evangelis Rodriguez, 7 Smith St., Salem Ramon Espinal, 18 Peabody St., Salem Rafael Garcia, 106 Lafayette St., Salem S. Gregory Jamieson, 43 Roslyn St., Salem #475 -#480 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Douglas R. Bucci, 69 Brentwood Street, Malden Matthew LaFlamme, 75 Summer Street, Salem Rachel Pelletier, 26 Leavitt Street, Salem Karyn A. Reardon, 26 West Avenue, Salem Erle R. Soper, 17 Willson Street, Salem Robert A. Styczko, 108 Lowell Street, Peabody (#424A) — ORDINANCE RELATIVE TO MOTORCYCLES, MOTORBIKES, SNOWMOBILES, TRAILBIKES, AND OTHER TWO, THREE AND FOUR WHEELED VEHICLES The matter of second and final passage of an Ordinance amending Chapter 24, Section 20, relative to the use of motorcycles, motorbikes, snowmobiles, trail bikes and other two, three and four wheeled vehicles, was taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Keefe the meeting was adjourned at 8.40 P.M. ATTEST: CHERYL A. LAPOINTE ACTING CITY CLERK