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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