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MINUTES - Regular - 10/12/2000 CITY OF SALEM 594 OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 12, 2000 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 6, 2000 at 10.49 a.m. All Councillors were present. Council President Kevin R. Harvey presided. Councillor Driscoll 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. #701 -APPT. JOHN BORIS, BOARD OF REGISTRARS The Mayor's appointment of John Boris as a member of the Board of Registrars for a term to expire April 1, 2003, replacing Edward Luzinski, was held until the next meeting. #702 -#703 - REAPPT. CONSTABLES The Mayor's reappointment of the following Constables for terms as designated, was received and filed. Christopher Chigas Jeffrey Schafer #704 -APPR. $6,000.00 FROM CAPITAL OUTLAY TO PARKING DEPARTMENT CONSULTANT The Following Order, recommended by the Mayor, was referred to the Committee on Finance. ORDERED: That the sum of Six Thousand Dollars ($6,000.00) is hereby appropriated from the "Capital Outlay Renovations and Repairs" Account to be expended to engage a consultant to investigate and assess additional parking spaced in the cantilevered areas of the East India Square Garage in accordance with the recommendation of His Honor the Mayor. #705 - ORDINANCE AMENDING PURCHASES AND CONTRACTS 595 CITY OF SALEM OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL An Ordinance was received from the Mayor, amending the Code of Ordinance relative to purchases and Contracts. Councillor Hayes moved that the Ordinance be referred to the Committee on Ordinances, Licenses, and Legal Affairs. Councillor Flynn assumed the Chair for President Harvey. President Harvey resumed the Chair. Councillor Lovely moved that the Ordinance be adopted for first passage and referred to the Committee on Ordinances, Licenses and Legal Affairs. It was so voted by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors DeToma, Driscoll, Flynn, Furey, Hayes, Lovely, O'Keefe, O'Leary, and Sargent were recorded as voting in the affirmative. Councillors LaCava and Harvey were recorded as voting in the negative. #706 - TRAPPING AND DISPOSAL OF RACCOONS Councillor O'Keefe introduced the following Order which was adopted. ORDERED: That the Council Committee on Public Health, Safety and the Environment meet with the Salem Police Department Animal Control Officer and concerned citizens, about the feasibility of the City of Salem retaining the services of a qualified person to trap raccoons, and to properly dispose of the remains of raccoons, dogs, felines and other animals. #707 -ABANDONED HOUSE OF CROMBIE STREET, OWNED BY HOLYOKE INSURANCE Councillor Lovely introduced the following Order which was adopted. ORDERED: That representatives of Holyoke Mutual Insurance Company appear before the Government Services Committee and Public Health Committee to discuss the abandoned house owned by them on Crombie Street. #708 - ORDINANCE AMENDING TRAFFIC, STOP SIGN, WASHINGTON ST. AT LAFAYETTE STREET Councillor Driscoll, in conjunction with Councillor LaCava, introduced the following Ordinance which was adopted for first passage. In the year two thousand An Ordinance to amend an Ordinance relative to Traffic, Stop Sign CITY OF SALEM 596 OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 49, is hereby amended by adding the following: "Washington Street, eastbound traffic at the intersection with Lafayette Street, Stop Sign" Section 2. This Ordinance shall take effect as provided by City Charter. #709 - POLICE PATROLS IN WITCHCRAFT HEIGHTS FOR HALLOWEEN Councillor O'Leary introduced the following Order which was adopted. ORDERED: That the Police Department increase patrols in the Witchcraft Heights area and throughout the City on Halloween. #710 - NOVEMBER AND DECEMBER CITY COUNCIL MEETING DATES Councillor O'Leary introduced the following Order which was adopted. ORDERED: That the regular meeting dates of the City Council for the months of November and December shall be as follows: Thursday, November 16, 2000 Thursday, November 30, 2000 Thursday, December 14, 2000 #711 - ELECTION ORDER - PRESIDENTIAL ELECTION - NOVEMBER 7, 2000 Councillor O'Leary introduced the following Order which was adopted. Councillor O'Leary 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 7, 2000 for the purpose of casting votes in the State Election for the candidates of political parties for the following offices: Electors of President and Vice President for the Commonwealth U.S. Senator for the Commonwealth Representative in Congress, Sixth Congressional District Councillor, Fifth Councillor District Senator in General Court, Second Essex District 597 CITY OF SALEM OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL Representative in General Court, Seventh Essex District Clerk of Courts, Essex County Register of Deeds, Essex Southern District AND THE FOLLOWING QUESTIONS: Question #1 - Earlier Redistricting for State Legislators and Governor's Council Question #2 - Voting by Incarcerated Felons Question #3 - Dog Racing Question #4 - Income Tax Rate Reduction Question #5 - Health Insurance and Health Care Question #6 - Tax Credit for Tolls and Motor Vehicle Excise Taxes Question #7 - Tax Deduction for Charitable Contributions Question #8 - Drug Dependency Treatment and Drug Crimes and Forfeitures AND BE IT FURTHER ORDERED: That the following places be and hereby are designed 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 Carlton School, 10 Skerry Street 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 Drive Ward Five PRECINCT ONE Temple Shalom, 287 Lafayette Street PRECINCT TWO Community Room, Pioneer Terrace Ward Six CITY OF SALEM 598 OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL PRECINCT ONE Park & Recreation Building, Mack Park PRECINCT TWO Fire Station, 142 North Street Ward Seven PRECINCT ONE Fire Station, 64 Loring Avenue PRECINCT TWO Salem State Gymnasium, Harrison Road 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. #712 - USE OF SALEM COMMON FOR WEDDING Councillor Flynn introduced the following Order which was adopted. ORDERED: That the attached request of Amy Cornell to hold a wedding ceremony on the Salem Common on October 29, 2000 at 2.00 p.m. be approved. #713 - ORDINANCE, TRAFFIC, PARKING METERS, DERBY STREET Councillor LaCava introduced the following Ordinance which was adopted for first passage. In the year two thousand An Ordinance to amend an Ordinance relative to Traffic, Parking meter Zone Established Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 56, is hereby amended by adding the following: "Derby Street, easterly side, in front of#281 and #283 Derby Street, One (1) hour parking." Section 2. This Ordinance shall take effect as provided by City Charter. #714 -ANIMAL CONTROL OFFICER MEET WITH COUNCIL RE: DUTIES Councillor Lovely introduced the following Order: ORDERED: That the Animal Control Officer appear before the City Council to discuss the duties related to his position for the benefit of the Council. 599 CITY OF SALEM OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Keefe amended to coordinate this meeting with the Committee meeting regarding animals. It was so voted. The Order was adopted as amended so that it shall now read as follows: ORDERED: That the Animal Control Officer appear before the Committee on Public Health, Safety & Environment to discuss the duties related to his position, for the benefit of the Council. #715 - HALLOWEEN PARKING HANG TAGS TO RESIDENTS Councillor LaCava introduced the following Order which was adopted. ORDERED: That the Parking Clerk be authorized to issue the special one-month resident parking hang-tags to residents of the following streets, for the Halloween season: Hawthorne Boulevard, Curtis Street, Derby Street between Turner and Webb Streets #716 - (#692-#695) - 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: TAG DAY SHS Swim Team, December 9, 2000 TAXI OPERATOR William C. Morgan, 99 Bridge Street, Salem Rene Payero, 290 Washington Street, Salem SECOND HAND VALUABLE Twice as Nice, 244 Essex Street, Salem TRANSIENT PHOTOGRAPHER David Dunham, Sr., 131 Bridge Street, Salem #717 - (#437) - ORDINANCE ESTABLISHING A STIPEND FOR PARK & REC. SUPT. FOR DUTIES AT WINTER ISLAND CITY OF SALEM 600 OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL 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 an Ordinance relative to classification of certain employees, has considered said matter and would recommend a negative recommendation to the full council, and that an Order be brought in to institute a $10,000.00 stipend for the Park and Recreation Director to expire June 30, 2001. Councillor Lovely amended the Ordinance to add a sunset clause in section 2, after the words "City Charter", add the following: "and this ordinance shall expire on June 30, 2001". Councillor O'Keefe moved the question. It was so voted. The Ordinance with the sunset clause was defeated by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Flynn, Furey, LaCava, Lovely, O'Keefe, Sargent, and Harvey were recorded as voting in the affirmative. Councillors DeToma, Driscoll, Hayes, and O'Leary were recorded as voting in the negative. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #718 - (#608) -VINNIN SQUARE IMPROVEMENT TRAFFIC AGREEMENT 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 matter of traffic improvements to the Vinnin Square intersection has considered said matter and would recommend that the Mayor be authorized to execute an agreement between the Commonwealth of Massachusetts Highway Department and the City of Salem for the purpose of traffic improvements at Vinnin Square. #719 - (#463) -AGGREGATE INDUSTRIES NEW ENTRANCE ROAD (BARDON TRIMOUNT) Councillor Flynn offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation. 601 CITY OF SALEM OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL The Committee on Government Services to whom was referred an Order to discuss a proposed new entrance to Aggregate Industries and related traffic issues has considered said matter and would recommend the following: 1. That Aggregate Industries would notify the City of Salem as to the time line of the proposed new entrance and have an informational meeting with the neighbors. 2. That the permit process be reviewed in January in anticipation of the entrance move. 3. Issues and complaints about dust, noise and hours of operation be reviewed by the Salem City Council. 4. A request be made by the Salem City Council for a copy of the traffic studies performed by Aggregate Industries 5. A request to the Salem Police for a traffic report on that area 6. Recommend that the City Council explore and create an Earth Removal Advisory Committee to address quarry related issues 7. A copy of the earth removal by-law and copies of the operational permits be submitted to the City of Salem by the Town of Swampscott. 8. A copy of the Fire Departments permits for blasting from both municipalities be forwarded to the City Council. Councillor O'Leary gave an oral update on behalf of the Committee on Community and Economic Development, regarding the status of the meeting with the Peabody Essex Museum. #720 - PETITION OF METRICOM TO ATTACH RICHOCHET WIRELESS INTERNET BOXES TO EXISTING TELEPHONE POLES A hearing was ordered for October 26, 2000 on the petition of Metricom to attach Ricochet high speed wireless internet access boxes to approximately 43 existing telephone poles throughout the city. #721 - CONDUIT LOCATION ON OUTLOOK AVENUE A hearing was ordered for October 26, 2000 on the petition of Massachusetts Electric Company for a conduit location on Outlook Avenue. CITY OF SALEM 602 OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL #722 - USE OF AREA BEHIND OLD TOWN HALL BY AT & T BROADBAND FOR TECHNOLOGY DEMONSTRATION The request of A T & T Broadband, to use the area behind Old Town Hall on October 28, 2000 for a Technology Demonstration, was granted, and that A T & T obtain any other necessary permits. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #723 - USE OF SALEM COMMON BY CROMBIE ST. MISSION FOR FUNDRAISER The request of Reverend Lindsay Reilly of the Crombie Street Church/Salem Mission, to use the Salem Common on July 28, 2001 for a Christmas in July fundraiser, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #724 - THANKS FROM FIREFIGHTERS REGARDING PURCHASE OF LADDER TRUCK A communication from the Salem Fire Fighters Local 172, thanking the City Council for their support for the purchase of a ladder truck, was received and filed. #725 -#729 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. FORTUNETELLING Linda Weinbaum, 18 Hancock Street SECOND HAND VALUABLE Salem Coin & Jewelry, 149 North St., Salem TAXI OPERATOR Leanne Cloutman, 21 Eden Street., Salem Robert J. Corriveau, Jr., 78 Endicott St., Peabody Patrick Lafortune, 1000 Loring Ave., Salem Regina Sammarco, 87 Centre St., Lynn VEHICLE FOR HIRE (HORSE DRAWN) Friendship Carriage Tours, 13 Crombie Street, Salem VEHICLE FOR HIRE 603 CITY OF SALEM OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL (AMPHIBIOUS) Public Access Tours, d.b.a. Moby Duck, 75 Essex St., Gloucester #7304731 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Judy Chalupowski-Venuto, 30 Andrew Street Derik Rochon, 313 Essex St., Salem #732 -#733 - BONDS The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs. CONSTABLE Christopher P. Chigas, 171/2 Swampscott Ave., Peabody Jeffrey L. Schafer, 8 1/2 Daniels Street., Salem #734 - REAPPOINTMENT OF DEBORAH E. BURKINSHAW, CITY CLERK The matter of the reappointment of Deborah E. Burkinshaw as City Clerk for a term to expire November 9, 2003, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays 0 absent. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. (#688) - ORDINANCE, TRAFFIC, HANDICAP PARKING, 20 CEDAR ST The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, 20 Cedar Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Driscoll, the meeting adjourned at 8.54 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK CITY OF SALEM 604 OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL 605 CITY OF SALEM OCTOBER 12, 2000 REGULAR MEETING OF THE CITY COUNCIL