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MINUTES - Regular - 11/30/2000 CITY OF SALEM 627 NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 30, 2000 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 22, 2000 at 12.42 P.M. All Councillors were present. Council President Kevin R. Harvey presided. Councillor Furey 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 (NOW CALLED AUTUMN VIEW) A hearing was held on the Order of Massachusetts Electric Company for a conduit location on Outlook Avenue (now called Autumn View). Appearing in favor was Mr. Mark Guthro of Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor O'Leary moved that the order be granted. It was so voted. (#800) - POLE LOCATION AT 3 BECKFORD STREET The hearing that was scheduled was canceled. (#786) -APPT. JOSE A. BIGAY TO SERVE ON PLUMMER HOME FOR BOYS BOARD OF TRUSTEES The Mayor's 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 confirmed by a roll call vote of IO yeas, 0 nays, 1 present. Councillors DeToma, Driscoll, Flynn, Furey, LaCava, Lovely, O'Keefe, O'Leary, Sargent, and Harvey were recorded as voting in the affirmative. Councillor Hayes was recorded as voting present. Councillor O'Keefe requested and received unanimous consent to allow Mr. Bigay to speak. Councillor O'Leary moved that a letter and City Seal be sent to Pamela A. Boucher. It was so voted. 628 CITY OF SALEM NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL (#787) -APPT. PAMELA J. LOMBARDINI TO SERVE ON 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 confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Hayes requested and received unanimous consent to allow Ms. Lombardini to speak. Councillor O'Leary moved that a letter and City Seal be sent to Lee Harrington. It was so voted. #867 - REAPPT. HISTORICAL COMMISSION MEMBERS The Mayor's reappointment of the following to serve on the Historical Commission, for terms as designated, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Deborah Guinnee, 124 Federal Street, term expires March 1, 2003 Douglas J. Karam, 91 Essex Street, term expires March 1, 2003 Lance Kasparian, 1 Arbella Street, term expires March 1, 2001 Richard Stevens, 135 Federal Street, term expires March 1, 2003 #868 - REAPPT. OF ROBERT E. CURRAN AS MEMBER OF SALEM REDEVELOPMENT AUTHORITY The Mayor's reappointment of Robert E. Curran to serve as a member of the Salem Redevelopment Authority for a term to expire August 1, 2005, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. #869 -AUTHORIZE PURCHASING AGENT TO DISPOSE OF CITY-OWNED WOODEN RAMP The following Order, recommended by the Mayor, was adopted. ORDERED: That the Purchasing Agent is hereby authorized to dispose of a city- owned wooden ramp that was constructed by the Public Property Department as a temporary structure and is not longer of any use to the City. CITY OF SALEM 629 NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL #870 (#785) - MAYOR'S VETO OF RESOLUTION TO ESTABLISH AUDIT ENGAGEMENT TEAM TO PERFORM AUDIT OF SALEM TRANSFER STATION. A letter was received from the Mayor, submitting a Veto of Council resolution #785, to establish an Audit Engagement Team, and conduct an Operation Audit of the Salem Transfer Station. No action was taken on the veto for seven days under the Charter. Ladies and Gentlemen: I am returning herewith the Council Order relative to the "Audit Engagement Team," dated November 8, 2000, VETOED. As you know from conversations I have had with many of you and from the memorandum I sent the Council yesterday, I have engaged one of the premier auditing firms in the nation, KPMG PeatMarwick, to conduct an audit of the financial and operational issues surrounding the transfer station from 1994 to the present. I appreciate the diligence of the Council on this issue, and am happy to report that we are moving forward on the audit the Council suggested. I am also happy to report that we've been able to move forward cooperatively, with so much input and direction from Councilors. For example, we have selected the best known of the three auditing firms from the list prepared by the Council. In addition, the scope of services the City put out was based on the scope provided by Councilor Kimberley Driscoll and voted by the Council at your last meeting. Regretfully, I must however veto the order that the Council sent me relative to the audit. As you will see from the opinion I received from the office of City Solicitor, the order, which states "the Council ... shall hire an outside audit team," clearly violates the City Charter and the General Laws of the Commonwealth of Massachusetts. It suggests an appointment and hiring function that the Council, by Charter, does not have and which is specifically reserved for the Executive. Similarly, the suggestion that the Council should be an equal part of a management "Team" which would direct the operations of the audit also claims an administrative function that must, by Charter and General Law, belong solely to the executive branch, not the legislative. I feel strongly that we must follow our Charter and respect that bright line between executive/administrative and legislative/oversight roles. Moreover, in this specific case, we ought not begin to examine an old improper process by first creating a new improper process. 630 CITY OF SALEM NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL However I do not want these important legal concerns to overshadow the work we have done together on this issue - and even more importantly, the work we must do together in the future. Even though we cannot have a joint "Audit Engagement Team," I do still want to find appropriate ways to have full consultation with the Council throughout this process. To that end, you should know that I have already instructed Finance Director Bruce Guy, who will manage the operations of the audit for the City, to consult with and to involve the City Council, and to find appropriate ways to include members of the Council in the process. Specifically, I have directed Bruce Guy to see to it that the Council is and remains fully informed of the progress of the audit; that he insure that auditors be available to meet on a periodic basis with the appropriate Councilors during the progress of the audit; and that the Council receive the complete and full audit report as soon as the audit is complete. Instead of working out the final details of our consultation by letter, however, I hope we can instead talk in person soon to work out the details of those instructions. I will invite Councilor Joan Lovely (who is both the Chair of the Committee on Administration and Finance and the ward councilor where the Transfer Station is located) to meet with me next week to discuss these steps in greater detail, and find appropriate ways that we can work cooperatively on this matter. In the meantime, I want to assure you that we are moving forward on the audit you have recommended. And I also want to sincerely congratulate and thank you for your dedication and diligence on this issue. Sincerely, STANLEY J. USOVICZ, JR., MAYOR #871 - ORDINANCE AMENDING TRAFFIC, SEC. 51 B, PARKING PROHIBITED, 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 Prohibited Certain times on Certain Streets CITY OF SALEM 631 NOVEMBER 30, 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 51 B, is hereby amended by adding the following: "Derby Street, in an easterly direction, in front of#197 Derby Street, for a distance of forty (40) feet. Thirty (30) minute parking limit" Section 2. This Ordinance shall take effect as provided by City Charter. #872 - SUPPORT OF WATER ROUTE FOR MARITIMES GAS PIPELINE Councillor Flynn introduced the following Resolution, which was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. RESOLVED: That the City Council support the new water route for the Maritimes Northeast Pipeline as outlined on their plans to us, that accompanied their November 28, 2000 notification of their upcoming meeting the first week of December. #873 - LETTER FROM PARKING DIRECTOR, THANKING CITY COUNCIL FOR THEIR SUPPORT Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the attached letter from the Parking Director be received and placed on file, and that a letter of thanks and a City Seal be sent to Mr. LaPointe. #874 - BUILDING INSPECTOR REPLACE FENCING AT BRIDGE STREET AND OAK STREET Councillor Hayes introduced the following Order, which was adopted. ORDERED: That the Building Inspector hire a Fence Contractor to replace the broken down fence on Oak Street, abutting the railroad tracks on Bridge Street. AND BE IT FURTHER ORDERED: That the fence be installed as soon as possible. #875 - ORDINANCE, TRAFFIC, SEC. 50B, HANDICAP PARKING, LIBERTY HILL AVENUE Councillor Hayes introduced the following Ordinance, which was adopted for first passage. 632 CITY OF SALEM NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL In the year two thousand. An Ordinance to amend an Ordinance relative to Traffic, Handicap parking, Limited Time Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B, is hereby amended by adding the following: "Liberty Hill Avenue, westbound, adjacent to #180 North Street, for a distance of twenty (20) feet. Handicap Parking, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #876 - FINANCIAL REPORT Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the City of Salem Financial Report, Dates October 31, 2000, be received and placed on file. #877 - ORDINANCE, AMENDING TRAFFIC, SEC. 75, RESIDENT PARKING, THORNDIKE STREET Councillor Flynn 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 Parking Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 75, Resident Sticker Parking, is hereby amended by adding the following: "Thorndike Street, in its entirety, Zone C, color Green. Resident Sticker Parking, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. CITY OF SALEM 633 NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL #878 - ORDINANCE AMENDING TRAFFIC, SECTION 49 & 51, STOP SIGN AND PARKING PROHIBITED, CROSS AVENUE 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, and Parking Prohibited Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 49, Isolated Stop Sign, is hereby amended by adding the following: "Cross Avenue, at the intersection with Cheval Avenue" Section 2. Chapter 42, Section 51, Parking Prohibited, is hereby amended by adding the following: "Cross Avenue, in its entirety, No Parking on the odd numbered side of the street." Section 3. This Ordinance shall take effect as provided by City Charter. #879 - COMMUNITY & ECONOMIC DEVELOPMENT COMMITTEE DISCUSS OLD TOWN HALL PROJECT Councillor Sargent introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development meet and invite David Pelletier, along with the Market and Tourist Commission, for an update on the Old Town Hall Project. Councillor O'Leary assumed the Chair for President Harvey. #880 - ORDINANCE BE DRAFTED TO ALLOW PUBLIC HEARINGS AT ALTERNATE LOCATIONS Councillor Harvey introduced the following Order, which was adopted. 634 CITY OF SALEM NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Committee on Ordinances, Licenses, and Legal Affairs draft the necessary legislation to allow the City Council to hold large public hearings at an alternate venue. President Harvey resumed the Chair. #881 - (#812) - USE OF SALEM COMMON, SALEM HOSPITAL CANCER WALK AND ROAD RACE 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 use of the Salem Common for North Shore Medical Center to use the bandstand for their Annual Cancer Walk on June 24, 2001, has considered said matter and would recommend approval. #882 - (#814 -#850) GRANTING 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 licenses be granted: Fortunetelling, Fortunetelling Store, Junk Dealers, Pawnbroker, Public Guide, Seaworms, second hand clothing, Second Hand Valuable, Taxi Operator, Taxi Cab. #883 - (#794) - SALE OF SURPLUS HARBORMASTER'S BOAT 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 a surplus twenty foot (20) Grady White boat, formerly used by the Harbormaster, for a purchase price of$1,000.00, has considered said matter and would recommend approval. #884 - (#793) - PETITION FOR SPECIAL LEGISLATION FOR PENSION OBLIGATION BONDS CITY OF SALEM 635 NOVEMBER 30, 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 by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. The Committee on Administration and Finance, to whom was referred a request of the State Legislature for a Home Rule Petition to authorize the City of Salem to issue Pension Obligation Bonds, has considered said matter and would recommend approval. #885 - (#792) - THREE YEAR CONTRACT WITH RIZZO ASSOCIATES FOR BRIDGE STREET IMPROVEMENTS 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 a request from the City Purchasing Agent to amend a three year contract between the City of Salem and Rizzo Associates for Engineering Services for the reconstruction of Bridge Street, has considered said matter and would recommend approval. #886 - (#790) -APPR. ABATEMENT & OVERLAY EXEMPTIONS TO REDUCE TAX RATE Councillor Lovely offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. The Committee on Administration and Finance to whom was referred the sum of $354,114.87 be appropriated for Abatement and Exemption Overlay accounts for years 1997 through 1999 to reduce the gross amount to be raised by taxation for fiscal year 2001 has considered said matter and would recommend approval. Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #887 - (#789) -APPR. FROM VARIOUS RECEIPTS RESERVED TO REDUCE TAX RATE Councillor Lovely offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. The Committee on Administration and Finance to whom was referred the sum of $564,000.00 be appropriated from various receipts reserved accounts to reduce the 636 CITY OF SALEM NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL gross amount to be raised by taxation for fiscal year 2001 has considered said matter and would recommend approval. Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #888 - (#744) - NEIGHBORHOOD COALITION POSITION PAPER Councillor O'Leary offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation. The Committee on Community and Economic Development to whom was referred a Resolution to support the position paper of the Salem Neighborhood Coalition, has considered said matter and would recommend that the Resolution be forwarded to the Planning Department, Planning Board, and all other appropriate departments and report back to the Committee by December 12, 2000. #889 - ESSEX STREET MALL 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 the Essex Street pedestrian mall has considered said matter and would recommend: 1. The Salem Partnership is to keep the Council appraised of the Main Street Program; 2. The Museum is also to keep the Council aware of their plans as regards to their expansion plans and the changes that the Planning Board made as regards to the window in their office building; 3. A new meeting is requested to discuss parking issues and traffic enforcement with Sgt. Prosniewski, Captain Callahan, the Director of Parking, and a representative of the Mayor's Office. Councillor Flynn requested and received unanimous consent to return to Motions, Orders, and Resolutions. #890 - PLANNING DEPARTMENT UPDATE CITY COUNCIL REGARDING JAILER'S HOUSE CITY OF SALEM 637 NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL Councillor Flynn introduced the following Order, which was adopted. ORDERED: That the Planning Department update the Council in memo as to the securing of the Jailer's House, by the next meeting on December 14. The Council then continued with the regular order of business. #891 - USE OF SALEM COMMON FOR HISPANIC FESTIVAL, JULY 21, 2001 The request of the Hispanic Community to use the Salem Common for an Hispanic Festival on July 21, 2001, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #892 -#898 LICENSE APPLICATIONS The following License applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Second Hand Clothing, Second Hand Valuables, Taxi Operators, Taxi Cabs, Tag Days #899 -#900 - DRAINLAYER/CONTRACT OPERATOR APPLICATIONS The following Drainlayer/Contract Operator License application, was granted. Village Construction, 190 Pleasant Street, Marblehead #901 - CLAIM The following Claim was referred to the Committee on Ordinances, Licenses, and Legal Affairs. Atty. Jack L. Alshuler (for Ann Heffernan), 5 Briscoe St., Beverly #902 - DRAINLAYER BOND 638 CITY OF SALEM NOVEMBER 30, 2000 REGULAR MEETING OF THE CITY COUNCIL The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs, and returned approved. Village Construction, 190 Pleasant Street, Marblehead On the motion of Councillor O'Leary, the meeting adjourned at 7.55 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK