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MINUTES - Regular - 07-20-2000 CITY OF SALEM JULY 20, 2000 550 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held n the Council Chamber on Thursday, July 20, 2000 at 8:15 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on July 13, 2000 at 3:26 P.M. All Councillors were present. Council President Kevin R. Harvey presided. Councillor O'Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted. President Harvey requested that everyone please rise to recite the Pledge of Allegiance. (#431) - APPT. PAUL NEENAN, CONSTABLE The Mayor's appointment of Paul Neenan as a Constable for a term to expire June 2, 2001, was received and placed on file. #542 - APPT. JAMES B. HACKER, BOARD OF APPEAL The Mayor's appointment of Mr. James B. Hacker to serve as a member of the Board of Appeal for a term to expire May 1, 2001, was confirmed under suspension of the rules, by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor O'Leary moved that a letter of appreciation be sent to Mr. Leonard Harrison. It was so voted. Councillor O'Leary requested that the City Council observe a moment of silence for the late Vincent DeToma, father of Councillor Laura DeToma, who recently passed away. #543 - REAPPT. DANIEL STANWOOD, CONSTABLE The Mayor reappointment of Daniel V. Stanwood as a Cconstable for a term to expire July 13, 2003, was received and placed on file. #544 - APPR. CEMETERY SHADE TREE EQUIPMENT The following Order, recommended by the Mayor, was adopted under suspension of the rules. CITY OF SALEM JULY 20, 2000 551 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Seventy-Three Thousand Two Hundred Thirty-Two Dollars and Fifty Cents ($73,232.50) is hereby appropriated from the "Capital Outlay Equipment" Account to be expensed for the purchase of a front end loader backhoe for use by the Cemetery and Shade Tree Department in accordance with the recommendation of His Honor the Mayor. #545 - APPR. FIRE DEPARTMENT PHONE SYSTEM The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Thirty-Eight Thousand Eight Hundred Seventeen Dollars ($38,817.00) is hereby appropriated from the "Capital Outlay Equipment" Account to be expended for the purchase and installation of a telephone system with voice mail for the Salem Fire Department Headquarters and Station 6 at 29 Fort Avenue. #546 - APPR. HARBORMASTER HAULING FLOATS EXPENSE The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Fourteen Thousand Two Hundred Eighty Dollars ($14,280.00) is hereby appropriated from the "Receipts Reserved Harbormaster" Account to the "Harbormaster Hauling Floats" Account in accordance with the recommendation of His Honor the Mayor. #547 - TRANS. CEMETERY SALARIES The following Order, recommended by the Mayor, was adopted. ORDERED: That the sum of Twenty-Three Thousand Eight Hundred Seven Dollars and nine cents ($23,807.09) is hereby transferred from the "Parking Department Salaries" Account to the "Cemetery Salaries" Account in accordance with the recommendation of His Honor the Mayor. #548 - AUTHORIZE MAYOR TO SUBMIT FIVE-YEAR PLAN FOR C.D.B.G. FUNDS AND ADOPT ONE YEAR PLAN The following Order was received from the Mayor. ORDERED: That the Mayor, as the Chief Executive Officer of the City of Salem, is hereby authorized to submit the City's Five-year Consolidated Plan and One-year Action Plan for Fiscal Year 2001 to the U.S. Department of Housing CITY OF SALEM JULY 20, 2000 552 REGULAR MEETING OF THE CITY COUNCIL and Urban Development (HUD), and to expend funds received under the Community Development Block Grant FY01 Entitlement ($1,385,000), the FY01 HOME Grant ($183,177) and the carried over funds from previous fiscal years. Councilor Driscoll moved to divide the question. It was so voted. Councillor O'Keefe moved approval of the one year plan. It was so voted. Councillors DeToma and LaCava were recorded as voting "present". Councillor O'Leary moved that the five year plan be referred to the Committee on Community and Economic Development. It was so voted. #549 - ORDINANCE - SALARY OF ACCOUNT ASSISTANT, AND ZONING BOARD OF APPEAL ASSISTANT The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year Two Thousand 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: 1. Establish the position of Assistant Accountant within Job Grade 12; and 2. Establish a stipend of "Zoning Board of Appeal Technical Assistant" at an annual compensation not to exceed ten thousand dollars ($10,000.00) Section 2. This Ordinance shall take effect as provided by City Charter. #550 - SALEM HARBOR POWER PLANT OVERSITE COMMITTEE BE FORMED. Councillor Driscoll introduced the following Order, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs. Councillor Sargent left the Chamber due to a conflict of interest. CITY OF SALEM JULY 20, 2000 553 REGULAR MEETING OF THE CITY COUNCIL ORDERED: WHEREAS: The Harvard School of Public Health has released a report indicating that pollution from the Salem Harbor Power Plant is a significant regional public health concern; and WHEREAS: Officials from P G & E, the current owners of the Salem Harbor Power Plant, have recently announced that they plan to commit $400 million to upgrade and improve operations and emissions at the Salem Harbor Power Plant; and WHEREAS: The Commonwealth of Massachusetts Executive Office of Environmental Affairs has recently proposed new draft regulations for the operation of power generating facilities within the Commonwealth, including the Salem Harbor Power Plant; and WHEREAS: The Salem Harbor Power Plant plays a vital role in the city of Salem's economy; NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF SALEM, AS FOLLOWS: That a Salem Harbor Power Plant Oversight Committee be established consisting of no more than nine (9) individuals which shall include two (2) representatives from the Board of Health; one (1) representative from the business community; one (1) representative from the neighborhood abutting the power plant; and five (5) Salem residents, with a preference for individuals who have some experience, background or expertise in environmental sciences or public utility operations. Each of these individuals shall be appointment by the Mayor and confirmed by the City Council. The Salem Harbor Power Plant Oversight Committee shall be charged with the responsibility of reviewing studies prepared on the health impacts of the power plant, reviewing the proposed improvements to be made to the power Plant by P G & E, reviewing the proposed new DEP regulations, and making a recommendation to the City Council and the Mayor on the effect the proposed improvements and regulations will have on the public health. The Salem Harbor Power Plant Oversight Committee may, with the approval of the Mayor and City Council, retain consultants to provide assistance, as necessary. #551 - SUPPORT OF CONTINUED OPERATION OF SALEM HARBOR POWER PLANT Councillor Driscoll introduced the following Resolution. CITY OF SALEM JULY 20, 2000 554 REGULAR MEETING OF THE CITY COUNCIL RESOLUTION: WHEREAS: Officials from P G & E, the current owners of the Salem Harbor Power Plant, have recently announced that they plan to commit $400 million to upgrade and improve operations and emissions at the Salem Harbor Power Plant; and WHEREAS: The Commonwealth of Massachusetts Executive Office of Environmental Affairs has recently proposed new draft regulations for the operation of power generating facilities with the Commonwealth, including the Salem Harbor Power Plant; and WHEREAS: The Salem Harbor Power Plant plays a vital role in the City of Salem's economic well being; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALEM, AS FOLLOWS: That the City Council of the City of Salem hereby expresses support for the continued operation of the Salem Harbor Power Plant in a manner that provides the greatest protection for the public health and the environment. Councillor Flynn amended by delete the final paragraph, and insert in place thereof, the following: "That the City Council of the City of Salem hereby expresses support for the Salem Harbor Plant to operate in manner that provides greater protection for the public health and the environment." It was so voted. The Resolution was adopted as amended, so that it shall now read as follows: WHEREAS: Officials from P G & E, the current owners of the Salem Harbor Power Plant, have recently announced that they plan to commit $400 million to upgrade and improve operations and emissions at the Salem Harbor Power Plant; and WHEREAS: The Commonwealth of Massachusetts Executive Office of Environmental Affairs has recently proposed new draft regulations for the operation of power generating facilities with the Commonwealth, including the Salem Harbor Power Plant; and CITY OF SALEM JULY 20, 2000 555 REGULAR MEETING OF THE CITY COUNCIL WHEREAS: The Salem Harbor Power Plant plays a vital role in the City of Salem's economic well being; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALEM, AS FOLLOWS: That the City Council of the City of Salem hereby expresses support for the Salem Harbor Plant to operate in manner that provides greater protection for the public health and the environment. Councillor Sargent returned to the Chamber. #552 - 15-MINUTE PARKING AT 118 BOSTON STREET Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Police Traffic Division submit a traffic recommendation for fifteen (15) minute parking at 118 Boston Street for a distance of twenty (20) feet, Monday through Saturday, 8:00 A.M. to 4:00 P.M. #553 - BLOCK PARTY, FLYNN STREET Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the attached request of the residents of Flynn Street to hold a block party on Saturday, August 12, 2000 be approved. Councillor Driscoll left the meeting at 9:00 P.M. #554 - POLICE TRAFFIC ENDORSEMENT OF SPEED REGULATIONS AND HEAVY VEHICLE EXCLUSION ON MARLBOROUGH ROAD Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the attached communication from Captain Robert Callahan, Salem Police Traffic Division, endorsing the reduced speed limits and the exclusion of heavy vehicles on Marlborough Road, be received and placed on file. #555 - COMMUNITY & ECONOMIC DEVELOPMENT MEET RE: VALLEY STREET SPEEDING Councillor O'Leary introduced the following Order, which was adopted. CITY OF SALEM JULY 20, 2000 556 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Committee on Community and Economic Development with the Police Traffic Safety Officer and the residents of Valley Street, to discuss the plan brought forward by the Valley Street neighborhood for reducing speeding traffic. #556 - ORDINANCE - CAPITAL IMPROVEMENT ADVISORY BOARD INCLUDE A MEMBER OF THE CITY COUNCIL Councillor O'Leary introduced the following Ordinance, which was adopted for first passage. In the year Two Thousand An Ordinance to amend an Ordinance relative to the Capital Improvement Advisory Board Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 30, Article V, Capital Improvement Planning, Section 30-167, "Composition, appointment…" is hereby amended by deleting under subsection (a) the number "11" and insert in place thereof, the number "12", as well as deleting the word "seven" and insert in place thereof, the word "eight". Subsection (a) is hereby further amended by adding the following to the first sentence: "the Council President or his designee." Section 2. Section 30-167, is hereby further amended by deleting the following sentence: "No member of the city council shall serve as a member of the board." Section 3. This Ordinance shall take effect as provided by City Charter. #557 - CROSSWALK BE INSTALLED ON SWAMPSCOTT ROAD Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the attached request by Atlantic Extrusion Corporation, to install a crosswalk on Swampscott Road, be referred to the Police Traffic Division for their review and implementation, and report back to the City Council with the findings. CITY OF SALEM JULY 20, 2000 557 REGULAR MEETING OF THE CITY COUNCIL #558 - USE OF ESSEX STREET MALL-HERITAGE DAYS - DOWNTOWN COMMUNITY DAY Councillor LaCava introduced the following Order, which was adopted. ORDERED: That the attached request of the Salem Chamber of Commerce to use Essex Street on Saturday, August 19, 2000 from 10:00 a.m. to 5:00 p.m. for Downtown Community Day, be approved. #559 - USE OF SALEM COMMON-WEDDING-WILLIAM COLLARD Councillor Flynn introduced the following Order, which was adopted. ORDERED: That the City Council approve the attached request of William Collard to use the Salem Common for a wedding on Thursday, July 27, 2000 at 11:00 a.m. #560 - FINANCIAL REPORT FOR FISCAL YEAR ENDING JUNE 30, 2000 Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the financial report of June 30, 2000, be received and placed on file. #561 - SALEM POSTMASTER EXPLORE POSTAL ANNEX IN VINNIN SQUARE Councillor Sargent introduced the following Order which was adopted. ORDERED: That the City of Salem, working in conjunction with Congressman Tierney's Office, respectfully request the Salem Postmaster to explore the feasibility of opening a staffed postal annex in the Vinnin Square area of Salem. #562 - POLICE TRAFFIC DIVISION ERECT "SLOW CHILDREN" SIGNS ON SUNSET ROAD Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: That the Salem Police Department Traffic Division, erect a sign "Slow Children" opposite property at #10 Sunset Road. CITY OF SALEM JULY 20, 2000 558 REGULAR MEETING OF THE CITY COUNCIL #563 - POLICE TRAFFIC DIVISION ERECT "SLOW CHILDREN" SIGNS ON PATTON ROAD Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: That the Salem Police Department Traffic Division, erect a sign "Slow Children" opposite property #5 and #7 Patton Road (child logo). #564 - VETERANS SQUARE SIGN BE PLACED FOR VINNIN SQUARE Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: That the Salem Police Department Traffic Division, working in conjunction with the Veterans Agent, erect a suitable Veterans Square sign at the intersection of Paradise Road and Vinnin Street, designating "Vinnin Square" in honor of Thomas Vinnin, of Salem, who served our country during the Revolutionary War, in defense of our seacoast. #565 - COMM. ON PUBLIC HEALTH, SAFETY & ENVIRONMENT MEET RE: DEVELOPMENT AT WENHAM LAKE Councillor O'Leary assumed the Chair for President Harvey. Councillor Harvey introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety, and the Environment meet with the Salem Conservation Commission and the Beverly Conservation Commission, to discuss the development on Wenham Lake. President Harvey resumed the Chair. #566 - GRANTING CERTAIN LICENSES Councillor Hayes 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: TAXI OPERATOR Mark Adams, 59 Goodale St. Peabody Lamount Chisholm, 68 Dane St., Beverly John Dodge, 45 Front St., Byfield CITY OF SALEM JULY 20, 2000 559 REGULAR MEETING OF THE CITY COUNCIL David Jalbert, 33 Boston St., Salem Pamela Lawry, 14 School St., Beverly Clarence Nesmith, 117 Lafayette St., Salem Alexi Sindriglis, 26 Harrison Rd., Salem TAG DAY SHS Color Guard & Percussion, Aug. 19, 2000 SHS Marching Band, Dec. 2, 2000 SHS Concert Band, May 5, 2001 SHS Jazz Band, March 10, 2001 PUBLIC GUIDE Lee Oestreicher, 3 Winter St., Salem Alejandra Miranda-Ndon, 3 Winter St., Salem #567 - (438) ORDINANCE PROHIBITING TOBACCO PRODUCTS ON SCHOOL GROUNDS Councillor Hayes 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 Non-Criminal Fines for tobacco violations on school property has considered said matter and would recommend adoption for second and final passage. #568 - (461) - ORDINANCE ESTABLISHING SALEM RESIDENCY FOR MEMBERS OF BOARDS AND COMMISSIONS Councillor Hayes 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 an Ordinance requiring Salem residency for members of Salem's Board and Commissions has considered said matter and would recommend that the Ordinance b adopted for second and final passage. The recommendation of the Committee was adopted by a roll call vote of 6 yeas, 3 nays, 1 present, 1 absent. Councillors Flynn, Hayes, O'Keefe, O'Leary, Sargent, and Harvey were recorded as voting in the affirmative. Councillors CITY OF SALEM JULY 20, 2000 560 REGULAR MEETING OF THE CITY COUNCIL DeToma, Furey, and Lovely were recorded as voting in the negative. Councillor LaCava was recorded as voting "present". Councillor Driscoll was absent. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #569 - (410) - FIVE YEAR AGREEMENT FOR OPERATION/MANAGEMENT OF SALEM TRANSFER STATION Councillor Lovely 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 the Transfer Station agreement has considered said matter and would recommend that the matter remain in committee. #570 - (443) - LETTER FROM DOUGLAS SABIN RE: WINTER ISLAND ISSUES Councillor Flynn 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 a letter from Mr. Douglas Sabin regarding issues at Winter Island has considered said matter and would recommend that the Park and Recreation Commission meet to evaluate the following: Parking of R.V.'s near the function hall; the number of picnic tables available to the public; and the installation of waysides by the Boys Scouts; and report back to the Committee. #571 - (457) - STORM DRAIN ISSUES ON WILLOW AVENUE Councillor Flynn 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 discussion of the storm drain repair project at the end of Willow Avenue has considered said matter and would report that the drain has been tv'd at a number of cross connections and the broken connections are being repaired, and the final project should be finished in the fall. CITY OF SALEM JULY 20, 2000 561 REGULAR MEETING OF THE CITY COUNCIL #572 - (470) - SWEEPING OF SCHOOL GROUNDS, AND MAINTENANCE OF CATCH BASINS Councillor Flynn 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 determination of which Department is responsible for Street Sweeping and catch basin maintenance on school grounds has considered said matter and would report that the City's DPW sweeps the lots two times per year, and that the city maintains and cleans the catch basins on an "as needed" basis. #573 - FORMATION OF COALITION OF CITIES AND TOWNS TO DISCUSS MARITIMES PIPELINE PROJECT A communication from the Town of Danvers, requesting Salem's support of a Coalition of cities and towns impacted by the Maritimes Northeast Pipeline Project, was received and filed. #574 - GOVERNOR'S RESPONSE TO RESOLUTION REGARDING SOLID WASTE A communication from James Dunbar, Legislative Aide to the Governor, in response to Salem’s Resolution on Solid Waste, was received and filed. #575 - PEABODY CITY COUNCIL COMMUNICATION REGARDING SPEEDING AND HEAVY VEHICLES ON MARLBOROUGH RD A communication from the Peabody City Council regarding speed limits and heavy vehicles on Marlborough Rd. to the Peabody Line, was received and filed. #576 - USE OF SALEM COMMON, CHURCH OF LATTER DAY SAINTS The request from Debra Benvie of the Church of Latter Day Saints to use the Salem Common on July 26, 2000 for children’s activities, was approved. #577 - USE OF ESSEX STREET MALL FOR CONCERTS BY "YARINA" The request of Christine Phoenix-Green to use the Essex Street Mall fountain area for musical concerts performed by "Yarina", during a portion of Heritage Week, August 13-17, was approved. CITY OF SALEM JULY 20, 2000 562 REGULAR MEETING OF THE CITY COUNCIL #576 - SALEM HALLOWEEN COMMITTEE PERMITS FOR PARADE, USE OF SALEM COMMON, AND PSYCHIC FESTIVALS The Salem Halloween Committee submitted the following requests: 1. Parade on Friday, October 6, 2000 2. Use of the Salem Common on Various dates 3. Psychic Festivals on Various dates and locations 4. Use of Forest River Park on various dates Councillor Flynn moved to divide the question. It was so voted. Councillor Flynn moved to approve the Use of the Salem Common on various dates; Psychic Festivals on various dates and locations; and use of Forest River Park on various dates. It was so voted. Councillor Flynn moved approval of the parade, with the stipulation that the concert end by 9:30 p.m. It was so voted. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #579 - COMM. FROM KENNETH BONACCI REGARDING SMOKING BAN ON SCHOOL PROPERTY A communication from Kenneth Bonacci regarding the proposed Smoking Ban on School Property, and the ticketing of offenders, was received and filed. #580 - OPPOSITION TO REZONING OF LEGGS HILL ROAD A communication from Mr. & Mrs. Luddy of 16 Intervale Road, opposing the proposed zoning changes to the Leggs Hill Road Area, was received and filed. #581 - HEALTHLINK ADVISING COUNCIL OF UPCOMING MEETING WITH D.E.P. A communication from Healthlink regarding an upcoming meeting on July 27, with the Department of Environmental Protection, and requesting an opportunity to address the Council, was referred to the Committee of the Whole. Councillor Sargent was recorded as voting "present". CITY OF SALEM JULY 20, 2000 563 REGULAR MEETING OF THE CITY COUNCIL #582 - #584 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. TAG DAY VFW 95 Derby St. May 10,11,12, 2001 Salem Little League, May 19 & June 16, 2001 TAXI OPERATOR James J. Cook Jr., 55 Sohier Rd., Beverly Thomas J. Matula, 43 Boston St., Salem Wilfredo Moreno, 26 Geneva St., Salem #585 - #586 - BLOCK PARTIES The following Block Party applications were granted. Purchase/Berube/Ober Sts. – September 1, 2000 Moffatt/Pershing Rd - August 22, 2000 #587 - #589 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Mildred Baltoumas, 13 Wilson Terr., Peabody Michael Ryan, 129 Fort Ave., Salem Stephen J. White, 12 Jennings Cir., Peabody #590 - CONSTABLE BOND The following Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. CONSTABLE Daniel V. Stanwood, Jr., 77 Leach St., Salem (#437) - ORDINANCE AMENDING MANAGEMENT AND NON-UNION EMPLOYEES EFFECTIVE JULY 1, 2000 The matter of second and final passage of an Ordinance amending the salary and classification of management and non-union employees, effective July 1, 2000, was adopted for second and final passage. CITY OF SALEM JULY 20, 2000 564 REGULAR MEETING OF THE CITY COUNCIL (#450) - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, 15 FRANKLIN COURT The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, at #15 Franklin Court, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Keefe, the meeting adjourned at 9:45 p.m. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK