MINUTES - Regular - 11/16/2000
CITY OF SALEM
615
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on
Thursday, November 15, 2000 at 7:00 P.M. for the purpose of transacting any and all
business. Notice of this meeting was posted on November 9, 2000 at 10:07 a.m.
Councillor Hayes was absent.
Council President Kevin R. Harvey presided.
Councillor Flynn 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.
(#734) - CONDUIT LOCATION ON OUTLOOK AVENUE
A hearing was held on the order of Massachusetts Electric Company for a
conduit location on Outlook Avenue. There was no one present from Massachusetts
Electric Company. Councillor O'Leary moved that the matter be tabled until the next
meeting. It was so voted.
#786 - APPT. JOSE A. BIGAY TO PLUMMER HOME FOR BOYS BOARD OF
TRUSTEES
The Mayor appointment of Jose a. Bigay to serve on the Plummer Home for
Boys Board of Trustees for a term to expire February 1, 2004, was held until the next
meeting under the rules.
#787 - APPT. PAMELA LOMBARDINI TO PLANNING BOARD
The Mayor's appointment of Pamela J. Lombardini to serve as a member of the
Planning Board for a term to expire May 1, 2005, was held until the next meeting under
the rules.
#788 - APPT. CONSTABLE
The Mayor's reappointment of James L. Russell, Jr. as a Constable was received
and filed.
#789 - APPR. $564,000.00 FROM VARIOUS RECEIPTS RESERVED TO REDUCE
TAX RATE
616
CITY OF SALEM
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
The following Order, recommended by the Mayor, was referred to the Committee
on Administration and Finance under the rules.
ORDERED: That the sum of Five Hundred Sixty Four Thousand Dollars
($564,000.00) is hereby appropriated from the following "Receipts Reserved for
Appropriation" Accounts to reduce the gross amount to be raised by taxation when the
Fiscal Year 2001 tax rate is set, in accordance with the recommendation of His Honor
the Mayor.
Receipts Reserved - Golf Course $400,000
Receipts Reserved - Witch House $115,000
Receipts Reserved - Harbormaster $ 49,000
________
$564,000
#790 - APPR. $354,114.87 FROM VARIOUS OVERLAY ACCOUNTS TO REDUCE
TAX RATE
The following Order, recommended by the Mayor, was referred to the Committee
on Administration and Finance under the rules.
ORDERED: that the sum of Three Hundred Fifty-four Thousand One Hundred
Fourteen Dollars and Eight-seven Cents ($354,114.87) is hereby appropriated from the
following overlay accounts to reduce the gross amount to be raised by taxation when
the fiscal Year 2001 tax rate is set:
Provision for Abatements and Exemptions 1996 -- $ 6,714.87
Provision for Abatements and Exemptions 1997 -- 19,600.00
Provision for Abatements and Exemptions 1998 -- 237,000.00
Provision for Abatements and Exemptions 1999 -- 90,000.00
__________
$354,114.87
#791 - APPR. $8,000.00 FROM "CEMETERY PERPETUAL CARE" TO "CEMETERY
SEASONAL SALARIES"
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 "Cemetery Perpetual Care" account to the "Cemetery Seasonal
Salaries" Account in accordance with the recommendation of His Honor the Mayor.
CITY OF SALEM
617
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
#792 - AUTHORIZE MAYOR AND PURCHASING AGENT TO AMEND THREE-YEAR
CONTRACT WITH RIZZO ASSOCIATES FOR RECONSTRUCTION OF BRIDGE
STREET
The following Order, recommended by the Mayor, was referred to the Committee
on Administration and Finance.
ORDERED: That the Mayor and City Council hereby authorize the City
Purchasing Agent to amend a three-year contract between the City of Salem and Rizzo
Associates of Framingham Massachusetts dated April 16, 1997 for Engineering
Services for the Reconstruction of Bridge Street. Said amendment will extend this
contract to December 31, 2002.
#793 - AN ACT AUTHORIZING THE CITY OF SALEM TO ISSUE PENSION
OBLIGATION BONDS
A communication was received from the Mayor, requesting City Council approval
of a petition for Special Legislation authorizing the city of Salem to issue pension
obligation bonds. The request was referred to the committee on Administration and
Finance. Councillors O'Keefe and Furey were recorded as "opposed".
#794 - AUTHORIZE PURCHASING AGENT TO SELL CITY-OWNED SURPLUS
BOAT FORMERLY USED BY HARBORMASTER
The following Order, recommended by the Mayor, was referred to the Committee
on Administration and Finance.
ORDERED: That the Purchasing Agent is hereby authorized to sell a city-
owned, surplus 20 foot Grady White boat, formerly used by the Harbormaster, for a
purchase price of One Thousand Dollars ($1,000.00).
#795 - FOUR HOURS OF FREE PARKING AT PARKING GARAGES AND CHURCH
STREET LOT DURING CHRISTMAS SEASON
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the City of Salem provide four (4) hours of free parking at the
Museum Place Mall Garage, the South Harbor Garage, and the Church Street Parking
Lot from Monday, December 11 through Saturday, December 24, 2000. This four-hour
free parking is contingent upon the receipt of a one-hour free parking stamp obtained
from any of the participating merchants. Only one stamp will be validated.
618
CITY OF SALEM
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
BE IT FURTHER ORDERED: That fees for parking on all on-street and off-street
meters will remain in effect as usual.
#796 - FINANCE DIRECTOR COMMUNICATION REGARDING AUDIT OF
TRANSFER STATION
A communication was received from the Mayor, submitting a memo from the
Finance Director, regarding the audit of the Transfer Station.
Councillor Driscoll read a letter that will be sent to the Mayor, signed by
Councillors Driscoll, Lovely, and DeToma.
Councillor LaCava requested and received unanimous sent to suspend the rules
to allow Mr. Joseph Walsh, Chief Administrative Aide to the Mayor, to speak on the
matter.
Councillor Driscoll moved that the communication be received and filed. It was
so voted.
#797 - FINANCE DIRECTOR COMMUNICATION REGARDING NEGOTIATING OF
NEW TRASH CONTRACT
A communication was received the Mayor, submitting a memo from the Finance
Director, regarding the negotiations for a new trash contract the City of Salem.
Councillor Driscoll moved that the communication be received and filed. It was
so voted.
#798 - RESOLUTION HONORING THE LATE JOSEPH D. MENTO WITH A
MEMORIAL AT OLDE SALEM GREENS PUTTING GREEN
Councillor Flynn assumed the Chair for President Harvey.
Councillor Harvey introduced the following Resolution, which was adopted by a
roll call vote of 10 yeas, 0 nays, 1 absent. Councillors DeToma, Driscoll, Flynn, Furey,
LaCava, Lovely, O'Keefe, O'Leary, Sargent, and Harvey were recorded as voting in the
affirmative. Councillor Hayes was absent.
RESOLUTION:
WHEREAS Joseph D. Mento was a native son of the City of Salem; and
CITY OF SALEM
619
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
WHEREAS Joseph D. Mento, a graduate of Salem High School class of 1954,
participated in various athletics during his school years; he went on
to serve his country in the U.S. Air Force in Korea; and also served
the City of Salem as an employee, until his recent retirement in
1998, after a twenty-year tenure; and
WHEREAS Joseph D. Mento's love of sports, and in particular, the game of
golf, endeared him to the many people he met along the way, and
his respect for people, and the game of golf, made him a highly
regarded member of Salem's golfing community; and
WHEREAS Joseph D. Mento's skill as a golfer is evident in his participation and
success in the various city golf tournaments held at the Olde Salem
Greens Municipal Golf
Course, including the 1998 and 2000 Men's Division Two Ball
Championship tournament, and the 1999 Senior Men's Division
tournament.
NOW THEREFORE, BE IT RESOLVED BY THE SALEM CITY COUNCIL AS
FOLLOWS:
That the City Council of the City of Salem, respectfully requests that the Park and
Recreation Commission consider erecting a stone or memorial near the flagpole at Olde
Salem Greens, in memory of the late Joseph D. Mento, as a testament to Joe's athletic
ability and good sportsmanship in the game of golf.
AND BE IT FURTHER RESOLVED
That the City Council of the City of Salem make this Resolution a matter of record of
these proceedings, and that a suitable copy, along with a copy of the City Seal, be
presented to the family of the late Joseph D. Mento.
Councillor Harvey moved for a two minute recess. It was so voted.
#799 - SCENIC WAY EXTENSION BE RENAMED AUTUMN VIEW
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the street currently listed as "Scenic Way Extension" be
renamed "Autumn View"
#800 - HEARING WITH MASS. ELECTRIC COMPANY AND VERIZON REGARDING
POLE AT #3 BECKFORD STREET
620
CITY OF SALEM
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That a hearing be arranged with Verizon and Massachusetts
Electric Company to move the telephone pole #637 located in front of #3 Beckford
Street.
#801 - COUNCIL SEEK REPRESENTATIVE RUANE'S ASSISTANCE WITH
FUNDING OF THE MARLBOROUCH ROAD AND HIGHLAND AVENUE PROJECT.
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That a letter be respectfully submitted to Representative J. Michael
Ruane requesting his assistance in securing the funding for the reconstruction of the
Intersection of Highland Avenue, Marlborough Road, and Traders Way.
#802 - GOVERNMENT SERVICES MEET REGARDING MOVING OF DISCHARGE
PIPE AT JUNIPER POINT
Councillor LaCava, in conjunction with Councillor Harvey, introduced the
following Order which was adopted.
ORDERED: That the Director of Public Services, Stanley Bornstein and
residents of Juniper Point be invited to meet with the Committee on Government
Services to discuss the feasibility of moving the discharge pipe at Juniper Point Beach
to higher ground.
#803 - SALEM HIGH SCHOOL HARVARD MODEL CONGRESS TAG DAY
Councillor O'Leary introduced the following Order which was adopted.
ORDERED: That the attached Tag Day application for Harvard Model Congress
from Salem High School be approved.
#804 - COMMITTEE OF WHOLE MEET AND HOLD PUBLIC HEARING REGARDING
TAX IMPACT STATEMENTS
Councillor O'Leary assumed the Chair for President Harvey.
Councillor Harvey introduced the following Order, which was adopted by a roll
call vote of 10 yeas, 0 nays, 1 absent. Councillors DeToma, Driscoll, Flynn, Furey,
LaCava, Lovely, O'Keefe, O'Leary, Sargent, and Harvey were recorded as voting in the
affirmative. Councillor Hayes was absent.
CITY OF SALEM
621
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
ORDERED: That the Mayor and his staff meet with the Committee of the Whole
to discuss the recent release tax assessment impact statement, and immediately
following the meeting, the President schedule a public hearing.
Councillor Harvey moved for immediate reconsideration in the hopes it would not
prevail. Reconsideration was denied.
#805 - ADMINISTRATION AND FINANCE MEET WITH MAYOR REGARDING
RETIREMENT BENEFITS
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance meet with the
Mayor to discuss the city adjusting the retirement benefits for disabled retirees, public
safety and all other retirees under Chapter 32, Section 90 A,B,C,D.
President Harvey resumed the Chair.
#806 - MASS. HIGHWAY DEPARTMENT ERECT STANDARD SIGNS FOR RTE 1A
AND RTE 114
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the City Clerk communication with Mr. Stephen T. O'Donnell,
District Highway Engineer, Massachusetts Highway Department, 519 Appleton Street,
Arlington, MA 02476, requesting that Massachusetts Highway erect a large standard
guide sign at the intersections of Loring Avenue (Route 1A South) and Lafayette Street
(Route 114 South) to alert motorists to the proper roadway.
#807 - GOVERNMENT SERVICES MEET TO DISCUSS OPERATIONS AND FEES AT
PARKING GARAGE
Councillor LaCava introduced the following Order, which was adopted.
ORDERED: That Richard LaPointe, Parking Director, be invited to meet with the
Committee on Government Services to discuss a mutually agreeable method to
manage the hours of operations and fees for our parking garages.
#808 - GRANTING CERTAIN LICENSES
622
CITY OF SALEM
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
Councillor O'Leary 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 Phyllis Luzinski, 24 Hardy Street
Diana McKanas, 86D Wharf Street
Theresa Devoe Noll, 13 Lynn Street
Michael Noll, 13 Lynn Street
Gloria Ward, 12 Pearl Street
JUNK DEALER Isaac Talkowsky & Son Inc., 10-24 Phillips St.
SEAWORMS Ronald Leslie, 10B Pioneer Terr.
SECOND HAND
VALUABLE Brown & Bonin, 293 Jefferson Ave.
Marine Arts Gallery, 135 Essex Street
Olde Naumkeag Antiques, 1 Hawthorne Blvd.
R J Coins, Pickering Wharf
Record Exchange, 256 Washington Street
Salem Used Furniture & Antiques, 107 1/2
Bridge St.
Samantha's Boutique, 205 Essex Street
The Yard Sale Store, 318 Derby St.
TAXI OPERATOR Matthew Choquette, 58 Veterans Memorial Dr.,
Peabody
James R. Cloutman, 19 Rainbow Terrace
James J. Cook, Jr., 55 Sohier Road, Beverly
Anthony R. Dilanni, Jr., 14 Pond Street, Beverly
Barbara Dorsey, 16 Crowninshield Street, Peabody
Robert Fielding, 313 Willard St., dracut
Richard E. Knowlton, 18 Walnut St., Peabody
Edward R. Leonard, 118 Bridge Street, Salem
Kevin J. Melzard, 4 Pond Street, Marblehead
William c. Morgan, 99 Bridge St., Salem
Philip a. Soucy, Jr., 10 Holten St., Peabody
Theodore N. Stiles, 68 Dane St., Beverly
Laurence G. Tessier, 81 Leach Street, Salem
CITY OF SALEM
623
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
William J. Lane, 5 Dyer Court, Danvers
TAG DAY Franco American War Veterans, May 2 & 3, 2001
VEHICLES FOR HIRE
HORSE DRAWN Friendship Carriage Tours, 13 Crombie Street
#809 - (#687) - LOUIS STUDIOS PHOTOGRAPHY CONTRACT
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 discussion
with Louis Studio regarding a photography contract has considered said matter and
would recommend that the matter remain in Committee.
#810 - (#445) - TRAFFIC AND STREET SWEEPING ISSUES ON ESSEX STREET,
LETTER FROM PALMER SWECKER
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 the
issues from palmer Swecker regarding traffic and street sweeping issues for Essex
Street has considered said matter and would recommend that the Chairman of the
Committee meet with the D.P.W. Director to resolve and propose a solution for
sweeping Essex Street, and that the Chairman would also meet with Captain Callahan
to propose lowering the speed limit and a truck route through Salem, that would re-route
traffic onto Route 107.
#811 - COMM. FROM MASS. HIGHWAY DEPT. REGARDING SPEED LIMIT ON
MARLBOROUGH ROAD
A communication from the Massachusetts Highway Department regarding the
request to reduce the speed limit and prohibit heavy vehicles from Marlborough Road,
was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#812 - NORTH SHORE MEDICAL CENTER CANCER WALK, June 24, 2001
The request of North Shore Medical Center to hold a Cancer Walk on June 24,
2001, and use the Salem Common Bandstand, was referred to the committee on
Ordinances, Licenses, and Legal Affairs.
624
CITY OF SALEM
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
#813 - JUDITH CHALUPOWSKI-VENUTO LETTER REGARDING VARIOUS ISSUES
A communication from Judith Chalupowski-Venuto listing various concerns and
issues, was referred to the Committee on Government Services.
#814 - #850 - LICENSE APPLICATIONS
A long list of the following license applications was referred to the Committee on
Ordinances, Licenses, and Legal Affairs.
FORTUNETELLING - FORTUNETELLING STORE - JUNK DEALER -
PAWNBROKER - PUBLIC GUIDE - SEAWORMS - SECOND HAND CLOTHING -
SECOND HAND VALUABLE - TAXI OPERATOR - TAXI CAB
#851 - #860 - DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS.
The following Drainlayer/Contract Operator license applications were granted.
Constructions Solutions, Inc., 63 hunt Road, Amesbury
DeIulis Brothers Construction, 31 Collin St., Terrace, Lynn
DiBiase Corp., 10 Lookout Terr., Lynnfield
James W. Flett Co., Inc., 800 Pleasant St., Belmont
Lima Construction & Paving, 28 River St., Middleton
#861 - #862 - CLAIMS
The following Claims were referred to the Committee on Ordinance, Licenses,
and Legal Affairs.
Joanne MacFarlane, c/o Atty. James M. Galliher, 154 Prichard St., Fitchburg
Dirk Philipp, 18 Commercial St., Salem
#863 - #866 - BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses
and Legal Affairs and returned approved.
DRAINLAYER Construction Solutions, Inc., 63 Hunt Rd., Amesbury
DeIulis Brothers Construction, 31 Collins St. Terr., Lynn
DiBiase Corp., 10 Lookout Terr., Lynnfield
CONSTABLE James L. Russell Jr., 70 Ocean Ave., #2, Salem
CITY OF SALEM
625
NOVEMBER 16, 2000
REGULAR MEETING OF THE CITY COUNCIL
(#743) - ORDINANCE AMENDING TRAFFIC, SEC. 75, RESIDENT PARKING,
ALLOW POLICE CHIEF AND CITY CLERK TO USE DISCRETION IN ISSUING
STICKERS
The matter of second and final passage of an Ordinance amending Traffic,
Resident Parking, allowing the Police Chief or his designee, and the City clerk to use
their discretion in issuing stickers, was then taken up. The Ordinance was adopted for
second and final passage.
(#549) - ORDINANCE AMENDING SALARY AND CLASSIFICATION, TO ESTABLISH
THE POSITION OF ASSISTANT ACCOUNTANT
The matter of second and final passage of an Ordinance amending the salary
and Classification schedule, to establish the position of Assistant Accountant, was then
taken up. The Ordinance was adopted for second and final passage by a roll call vote
of 8 yeas, 2 nays, 1 absent. Councillors DeToma, Driscoll, Flynn, Furey, LaCava,
Lovely, O'Keefe, and Sargent, were recorded as voting in the affirmative. Councillors
O'Leary and Harvey were recorded as voting in the negative. Councillor Hayes was
absent.
Councillor Lovely moved for immediate reconsideration in the hopes it would not
prevail. Reconsideration was denied.
On the motion of Councillor Sargent, the meeting adjourned at 8:45 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK