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MINUTES - Regular -10/26/2000 CITY OF SALEM 604 OCTOBER 26, 2000 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 26, 2000 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 20, 2000 at 1.59 p.m. Councillor O'Keefe was at the Conservation Commission meeting, and would be arriving shortly. Council President Kevin R. Harvey presided. Councillor LaCava 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. Councillor Lovely then left the meeting to attend the Conservation Commission meeting, and would return shortly. #734 - CONDUIT LOCATION, OUTLOOK AVENUE A hearing was scheduled on the Order of Massachusetts Electric Company for a conduit location on Outlook Avenue. There was no one from Massachusetts Electric Company present. Mr. Arthur Charboneau, an abutter, had some concerns. Councillor O'Leary moved that the matter be held until the next meeting. (#720) - REQUEST OF METRICOM TO ATTACH RICOCHET HIGH SPEED WIRELESS INTERNET BOXES. A request from Metricom to attach Ricochet high speed wireless internet boxes to existing poles, was referred to the Committee on Community and Economic Development. #736 - (#701) - MAYOR WITHDRAWING APPT. OF JOHN BORIS TO BOARD OF REGISTRARS A communication from the Mayor, submitting a request to withdraw the appointment of John Boris to the Board of Registrars, at the request of Mr. Boris, was received and filed. #737 - REAPPT. CONSTABLE 605 CITY OF SALEM OCTOBER 26, 2000 REGULAR MEETING OF THE CITY COUNCIL The Mayor's reappointment of David Bourgault, 7 Hardy Street, as a Constable, was received and filed. #738 -APPR. $30,000.00 TO PARK & RECREATION BUILDING REPAIR EXPENSE 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 "Receipts Reserved Witch House" Account to the following: Ten Thousand Dollars ($10,000.00) to the "Park and Recreation Building Repair Maintenance" Account and Twenty Thousand dollars ($20,000.00) to the "Winter Island Renovations and Repairs" Account in accordance with the recommendation of His Honor the Mayor. #739 -APPR. $25,000.00 FROM CAPITAL OUTLAY TO SALEM COMMON IMPROVEMENTS 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 "Capital Outlay Renovations and Repairs" Account to be expended for improvements to Salem Common in accordance with the recommendation of His Honor the Mayor. #740 - MASS. HISTORICAL GRANT FOR SALEM JAILER'S HOUSE A communication from the Massachusetts Historical Commission, advising the city of an allocation of$76,000.00 grant for the Salem Jailer's House, was received and filed. Councillor Harvey was recorded as voting `present'. #741 -AWARD OF UP TO $150,000.00 FOR DEMOLITION OF 1-11 COUSINS STREET A communication from the Mayor, advising the Council of an award of up to $150,000.00 for the demolition of 1-11 Cousins Street, was received and filed. #742 -ADDITIONAL COMPENSATION TO SUPT. OF PARK & RECREATION CITY OF SALEM 606 OCTOBER 26, 2000 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Leary introduced the following Order, which was adopted. Councillor Furey was recorded as voting `opposed'. ORDERED: That the Committee on Administration and Finance meet with the Mayor, Finance, Director, City Treasurer, and Human Resources Director to discuss the issue of the additional salary paid to the Superintendent of Park and Recreation for his duties at Winter Island, and other personnel issues within the department. #743 - ORDINANCE AMENDING TRAFFIC, SEC. 75, RESIDENT STICKER PARKING, ALLOWING POLICE CHIEF AND CITY CLERK TO USE DISCRETION IN ISSUING PERMITS Councillor Driscoll introduced the following Ordinance which was adopted for first passage. In the year two thousand An Ordinance to amend an Ordinance relative to Traffic, Resident Sticker Parking Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 75, subsection (b), "How and Where to Obtain Stickers", is hereby amended by adding the following: "The Police Chief or his designee, or the City Clerk, may alter the requirements for obtaining a resident parking sticker, in limited circumstances, and upon consultation with the Ward Councillor" Section 2. This Ordinance shall take effect as provided by City Charter. #744 - RESOLUTION - SUPPORT OF SALEM NEIGHBORHOOD COALITION POSITION PAPER Councillor Flynn introduced the following Resolution which was referred to the Committee on Community and Economic Development. RESOLVED: That the City Council supports the position paper of the Salem Neighborhood Coalition. #745 - RESOLUTION - OCTOBER AS DOMESTIC VIOLENCE MONTH Councillor Driscoll introduced the following Resolution which was adopted. 607 CITY OF SALEM OCTOBER 26, 2000 REGULAR MEETING OF THE CITY COUNCIL WHEREAS: Domestic violence is a serious crime that endangers individuals, destroys families, and jeopardizes the entire community, and WHEREAS: Throughout the country, estimates reflect an alarming statistic that every fifteen seconds, another victim is battered, and WHEREAS: The devastating story of abuse, mostly focused upon women who are battered through emotional, psychological, physical or sexual abuse, must come to an end, and WHEREAS: The City of Salem and the Salem City Council regard domestic violence as a threat to the quality of life we strive to meet for all those who live and work in the city, NOW, THEREFORE, BE IT RESOLVED: That the City of Salem, through its City Council, does hereby recognize October as Domestic Violence Awareness Month, and encourages business, institutions, civic organization, neighborhood groups and individual citizens to join efforts locally to address domestic violence in all its forms. BE IT FURTHER RESOLVED: That the City of Salem, through its City Council, hereby expresses support for municipal programming and funding resources being distributed to address the needs of those who are or are at risk of becoming battered and their abusers. #746 - GOVERNMENT SERVICES MEET REGARDING THE ESTABLISHMENT OF A DEVELOPMENT PROJECT INDEX Councillor DeToma introduced the following Order, which was adopted. ORDERED: That a meeting of the Government Services Committee be held to discuss with the Planning Department the creation and feasibility of a "Project Index" for commercial development in the City of Salem. #747 - FINANCIAL REPORT DATED SEPTEMBER 30, 2000 Councillor Lovely introduced the following Order which was adopted. ORDERED: That the Financial Report dated September 30, 2000 be received and placed on file. #748 - PUBLIC HEALTH COMMITTEE MEET REGARDING NEW COUNCIL ON AGING SITE CITY OF SALEM 608 OCTOBER 26, 2000 REGULAR MEETING OF THE CITY COUNCIL Councillor LaCava introduced the following Order which was adopted. ORDERED: That the City Planner and representatives of Comprehensive Management (including any environmental firms hired by Comprehensive Management to evaluate the site) meet with the Committee on Public Health Safety and the Environment to discuss the environmental remediation at the proposed senior center site. #749 -WINTER ISLAND HANGAR DEVELOPMENT Councillor LaCava introduced the following Order which was adopted. ORDERED: That the Park and Recreation Director, Larry McIntire, and the City Planner, Patrick Reffett, meet with the committee on Community and Economic Development to discuss the future of the Winter Island Hanger. #750 - (#549) - ORDINANCE ESTABLISHING ASSISTANT ACCOUNTANT POSITION 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 by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors DeToma, Driscoll, Flynn, Furey, Hayes, LaCava, Lovely, O'Keefe, O'Leary, and Sargent were recorded as voting in the affirmative. Councillor Harvey was recorded as voting in the negative. Councillor Hayes moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred an Ordinance to establish the position of Assistant Accountant within Job Grade 12, has considered said matter and would recommend that the Ordinance be adopted for first passage. #751 - (#549) - ORDINANCE ESTABLISHING STIPEND FOR ZONING BOARD OF APPEAL TECHNICAL ASSISTANT 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 to establish the stipend of Zoning Board of Appeal Technical Assistant at an Annual Compensation not to exceed $10,000.00 has considered said matter and would recommend that the Ordinance be denied. 609 CITY OF SALEM OCTOBER 26, 2000 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Keefe amended to delete the stipend and insert an hourly pay. President Harvey called for a one-minute recess. Councillor O'Keefe requested and received unanimous consent to withdraw his amendment. Councillor O'Keefe moved that the matter be referred back to the Committee on Ordinances, Licenses, and Legal Affairs. It was so voted. #752 - (#725-#727) - 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. 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 (AMPHIBIOUS) Public Access Tours, d.b.a. Moby Duck, 75 Essex St., Gloucester #753 - (#705) - ORDINANCE AMENDING PURCHASES AND CONTRACTS Councillor Hayes offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report. CITY OF SALEM 610 OCTOBER 26, 2000 REGULAR MEETING OF THE CITY COUNCIL The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred an Ordinance amending the Code of Ordinances relative to purchases and contracts has considered said matter and would recommend that the attached Ordinance, as amended by the Committee, be adopted for second and final passage. Councillor LaCava moved that the matter be referred back to the Committee. The motion was defeated by a roll cal vote of 5 yeas, 6 nays, 0 absent. Councillors LaCava, Lovely, O'Leary, Sargent, and Harvey were recorded as voting in the affirmative. Councillors DeToma, Driscoll, Flynn, Furey, Hayes, and O'Keefe were recorded as voting in the negative. The recommendation of the Committee was adopted for second and final passage by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors DeToma, Driscoll, Flynn, Furey, Hayes, Lovely, and O'Keefe were recorded as voting in the affirmative. Councillors LaCava, O'Leary, Sargent, and Harvey were recorded as voting in the negative. Councillor Hayes moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #754 - (#704) -APPR. PARKING DEPARTMENT CONSULTANT Councillor Lovely offered the following report for the Committee on Administration and Finance. It was voted the accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of an appropriation of$6,000.00 to the parking garage from the Capital Improvement Fund has considered said matter and would recommend approval. #755 -#773 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. FORTUNETELLING Phyllis Luzinski, 24 Hardy St., Salem Diana McKanas, 86D Wharf Street, Salem Theresa Devoe Noll, 13 Lynn Street, Salem Michael Noll, 13 Lynn Street, Salem Gloria Ward, 12 Pearl Street, Salem JUNK DEALER Isaac Talkowsky & Son, Inc., 10-24 Phillips St., Salem 611 CITY OF SALEM OCTOBER 26, 2000 REGULAR MEETING OF THE CITY COUNCIL PUBLIC GUIDE Mollie Stewart, 74 Essex Street, Salem Ruth Gilbert Wall, 13 Crombie Street, Salem SEAWORMS Ronald Leslie, 10B Pioneer Terr., Salem SECOND HAND Brown & Bonin, 293 Jefferson Ave. Marine Arts Gallery, 135 Essex Street Old Naumkeag Antiques, 1 Hawthorne Blvd. R J.Coins, Pickering Wharf Record Exchange, 256 Washington St. Salem Used Furniture & Antiques, 107 '/2 Bridge St Samantha's Boutique, 205 Essex St. The Yard Sale Store, 318 Derby St TAXI OPERATOR Matthew Choquette, 58 Veterans Memorial Dr., Peabody James R. Cloutman, 19 Rainbow Terr., Salem James J. Cook, Jr., 55 Sohier Rd., Beverly Anthony R. Dilanni, Jr., 14 Pond St., Beverly Barbara J. Dorsey, 16 Crowninshield St., Peabody Robert Fielding, 313 Williard St., Dracut Richard E. Knowlton, 18 Walnut St., Peabody Edward R. Leonard, 118 Bridge St., 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 St., Salem William J. Lane, 5 Dyer Ct., Danvers TAG DAY Franco American War Veterans, May 2 & 3, 2001 #774 -#777 - DRAINLAYER & CONTRACT OPERATOR LICENSES The following Drainlayer/Contract Operator License applications were granted. Warren company, 296 Walnut St., Saugus JMK Contractors, 388 Grapevine Road, Wenham #778 -#782 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. CITY OF SALEM 612 OCTOBER 26, 2000 REGULAR MEETING OF THE CITY COUNCIL Erika E. Bock, 6 Waite Street, Salem Brian M. St. Pierre, 9 Larch Avenue, Salem Deborah Schultz, 132 New Balch Street, Beverly Roger Fruggiero, 22 Berrywood Lane, Salem Subrogated Arnica Insurance for Melissa Erikson, 45 William Suite, 200, Wellesley Hills #783 -#785 - BONDS The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. CONSTABLE David F. Bourgault, 7 Hardy St., Salem DRAINLAYER The Warren Company, 296 Walnut St., Saugus J.M.K. Contractors, Inc., 338 Grapevine Rd., Wenham (#708) - ORDINANCE AMENDING TRAFFIC, STOP SIGN, WASHINGTON STREET AT LAFAYETTE ST The matter of second and final passage of an Ordinance amending Traffic, Section 49, Stop Sign, Washington Street at Lafayette Street, was then taken up. The Ordinance was adopted for second and final passage. (#713) - ORDINANCE AMENDING TRAFFIC, PARKING METER ZONE, DERBY STREET The matter of second and final passage of an Ordinance amending Traffic, Section 56, Parking Meters, Derby Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor LaCava, the meeting adjourned at 8.10 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK