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MINUTES - Regular - 3/8/2001 CITY OF SALEM 44 MARCH 8, 2001 REGULAR MEETING A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 8, 2001 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 2, 2001 at 1.17 P.M. All Councillors were present. Council President Joan B. Lovely presided. Councillor Flynn moved to dispense with the reading of the record of the previous meeting. It was so voted. President Lovely requested that everyone please rise to recite the Pledge of Allegiance. #140 - EXECUTIVE SESSION - SETTLEMENT OF CLAIM Councillor LaCava moved to take out of order, under Communications from City Officials, a request from John Keenan, City Solicitor, to hold an Executive Session to discuss a potential settlement. It was so voted. Councillor LaCava moved that the City Council adjourn to the Council Anteroom to hold an Executive Session, and at the end of the Executive Session, the regular meeting will continue. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. See end of meeting for minutes to Executive Session. Councillor LaCava moved that the regular meeting continue. It was so voted. #141 - CONDUIT LOCATION ON HIGHLAND AVENUE A hearing was held in the Order of Verizon New England for a conduit location on Highland Avenue. Appearing in favor was Mr. Terry Dolan, Engineering Manager for Verizon, and Councillor O'Leary. There was no one opposed. The hearing was closed. Councillor Harvey moved that the request be granted. It was so voted. #142 -APPT. JENNIFER BERUBE TO COMMISISON ON DISABILITIES The Mayor's appointment of Jennifer Berube to serve as a member of the Commission on Disabilities for a term to expire January 11, 2004, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Jennifer to speak. 45 CITY OF SALEM MARCH 8, 2001 REGULAR MEETING #143 - REAPPT. PARKING DEPARTMENT BOARD The Mayor's reappointment of the following named members of the Parking Board for a term to expire January 31, 2002, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Joseph Kamon Sam S. Spatafore Suzanne E. Hensley Atty. Joseph P. Hedio #144 - MAYOR ADDRESSING COUNCIL ON SCHOOL REBUILDING PROGRAM A communication was received from the Mayor, expressing his wish to address the City Council, under Section 19 of the City Charter, regarding the School Building Program. President Lovely then called upon Mayor Usovicz. Mayor Usovicz introduced the members of the School Committee. He explained that due to a change in the reimbursement formula, we can save money on our rebuilding bonds. Mayor Usovicz then turned the presentation over to Dr. Levine, Superintendent of Schools, who introduced other school officials who were present. Dr. Levine then made a presentation to the City Council, and explained the change of formula for the City of Salem is 90% reimbursement. Salem High School was not eligible for 90%, since it is the only High School in town. Consequently, Salem High was only eligible for 65% reimbursement. However, recently, the School Building Assistance Commission at the state recently changed the formula. We now have an opportunity to put back some of the cuts to the project that we had made previously. Dr. Levine's presentation illustrated the current cost, the new reimbursements, and the additional costs or reductions to the city. Councillor Driscoll moved that the matter be referred to the Committee on Administration and Finance. It was so voted. Councillor Driscoll moved for a two minute recess. It was so voted. #145 - SALEM RESTAURANT ASSOCIATION CONCERNS ON NEW SMOKING BAN IMPOSED BY BOARD OF HEALTH Councillor O'Leary moved to take Petitions out of Order. It was so voted. CITY OF SALEM 46 MARCH 8, 2001 REGULAR MEETING A communication was received from the Salem Restaurant Association, regarding the new smoking regulations imposed by the Salem Board of Health. President Lovely requested and received unanimous consent to allow Attorney Barrett, representing the restaurants, to speak, as well as Julie Letterhouse of the Hawthorne Hotel. Attorney Barrett addressed the City Council, and advised the Council of the concerns of the local restaurants regarding this smoking ban. Councillor Flynn assumed the Chair for President Lovely. President Lovely resumed the Chair. Councillor Driscoll moved for a brief recess. It was so voted. Councillor Driscoll moved that the letter be received and filed. It was so voted. Councillor Driscoll moved to go to Motions, Orders, and Resolutions, to introduce two Council Orders on this subject. It was so voted. #146 - RESOLUTION TO DELAY BOARD OF HEALTH REGULATION REGARDING SMOKING BAN Councillor Driscoll introduced the following Resolution which was adopted by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Hayes, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. RESOLUTION: RESOLVED: That the City Council hereby resolves and recommends that the Board of Health delay the April 1, 2001 start of the smoking ban regulation, until September 1, 2001, in order to provide members of the Council, the Salem restaurant community, Public Health officials, and any other interested parties, an opportunity to develop and implement a regional smoking policy/regulation, or in the alternative, that the Board of Health amend the current regulation to permit smoking after 9.00 P.M. in all establishments. #147 - SOLICITOR FURNISH OPINION REGARDING BOARD OF HEALTH REGULATIONS REGARDING SMOKING BAN 47 CITY OF SALEM MARCH 8, 2001 REGULAR MEETING Councillor O'Keefe introduced the following Order, which was adopted by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Sargent, O'Leary, O'Keefe, LaCava, Hayes, Harvey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative. Councillor O'Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Ordered: That the City Solicitor furnish a written opinion to the City Council, as to the authority of the City Council to adopt an Ordinance postponing the effective date of regulations promulgated by the Salem Board of Health, regulating smoking in restaurants and bars until January 1, 2005, or some other future date. And if such opinion is in the affirmative prepare such an Ordinance for consideration by the City. Councillor O'Leary moved to return to the regular order of business. It was so voted. #148 - BOND ORDER - REFUND OF GENERAL OBLIGATION MUNICIPAL PURPOSE LOAN BONDS The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: By the City Council of the City of Salem that in order to reduce interests costs, the Treasurer, with the approval of the Mayor, is authorized to issue refunding bonds pursuant to Chapter 44, Section 21A of the Massachusetts General Laws, or any other enabling authority, to refund all or a portion of the outstanding balance of the City's $17,750,000 General Obligation Municipal Purpose Loan of 1992 Bonds, dated September 1, 1992 in order to pay the principal, redemption premium and interest on the bonds to be refunded, and costs of issuance of the refunding bonds; and that the Treasurer and the Mayor are each authorized to execute such documents as may be necessary or desirable to carry out the transaction, including a refunding trust agreement with a bank or trust company. #149 -APPR. SOLICITOR JUDGMENTS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" CITY OF SALEM 48 MARCH 8, 2001 REGULAR MEETING Account to the "Solicitor - Judgments" Account in accordance with the recommendation of His Honor the Mayor. #150 -APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION Councillor O'Keefe left the chamber due to a conflict of interest. The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty-Six Thousand One Hundred Sixty-Two Dollars and eighty-three cents ($26,162.83) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Fire Department - Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #151 -APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty-Four Thousand Four Hundred Forty-Six Dollars and four cents ($24,446.04) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Fire Department - Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. Councillor O'Keefe returned to the Council Chamber. #152 -APPR. CEMETERY SEASONAL PAYROLL The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand Dollars ($6,000.00) is hereby appropriated from the "Cemetery - Sale of Vaults" Account to the "Cemetery - Seasonal Payroll" Account in accordance with the recommendation of His Honor the Mayor. #153 -APPR. VETERANS SERVICES VETERANS BENEFITS The following Order, recommended by the Mayor, was adopted under suspension of the rules. 49 CITY OF SALEM MARCH 8, 2001 REGULAR MEETING Ordered: That the sum of Six Thousand Dollars ($6,000.00) is hereby appropriated from the Fund Balance Reserved for Appropriation-Free Cash" Account to the "Veterans Services - Veterans Benefits" Account in accordance with the recommendation of His Honor the Mayor. #154 -APPR. VETERANS SERVICES IN STATE TRAVEL & MEETINGS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Veterans Services - In State Travel and Meetings" Account in accordance with the recommendation of His Honor the Mayor. #154 -APPR. CEMETERY SHADE TREE OVERTIME The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Three Thousand Dollars ($3,000.00) is hereby appropriated from the "Cemetery - Sale of Vaults" Account to the "Cemetery - Shade Tree Overtime" Account in accordance with the recommendation of His Honor the Mayor. #155 -APPR. CEMETERY OIL HEAT The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Two Thousand Dollars ($2,000.00) is hereby appropriated from the "Cemetery - Sale of Vaults" Account to the "Cemetery - Oil Heat" Account in accordance with the recommendation of His Honor the Mayor. #156 - TRANS. HUMAN RESOURCES WORKMEN'S COMP. MEDICAL EXPENSE The following Order, recommended by the Mayor, was adopted. Ordered: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby transferred from the "Human Resources - Educational Training" Account to the "Human Resources - Workmen's Compensation - Medical Expenses" Account in accordance with the recommendation of His Honor the Mayor. CITY OF SALEM 50 MARCH 8, 2001 REGULAR MEETING #158 - ORDINANCE - TRAFFIC, SEC. 75, TOW ZONE, LEAVITT STREET Councillor LaCava introduced the following Ordinance, which was adopted for first passage. In the year two thousand and one An Ordinance to amend an Ordinance relative to Traffic, Tow Zone Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 74, Tow Zone, is hereby amended by adding the following. "Leavitt Street, eastbound, adjacent to the building located at #191 Lafayette Street, for a distance of 80 feet, from the intersection of Lafayette Street, No Parking, Tow Zone." Section 2. This Ordinance shall take effect as provided by City Charter. #159 - ORDINANCE, TRAFFIC, SEC. 75, RESIDENT PARKING, DERBY ST. RESIDENTS Councillor LaCava introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand and one 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: "Notwithstanding any other provision of these ordinances to the contrary, residents of Derby Street, from Hawthorne Boulevard to Webb Street and residents of Curtis Street, may obtain resident permit parking stickers and guest passes in the same form and manner as any resident on a designated resident only parking street within Zone A." Section 2. This Ordinance shall take effect as provided by City Charter. 51 CITY OF SALEM MARCH 8, 2001 REGULAR MEETING #160 - ORDINANCE, TRAFFIC, SEC. 50113, HANDICAP PARKING, SALEM STREET Councillor LaCava introduced the following Ordinance, which was adopted for first passage. In the year two thousand and one An Ordinance to amend an Ordinance relative to Traffic, Handicap Parking Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B, Handicap Parking, Limited Time, is hereby amended by adding the following: "Salem Street, in front of#9, for a distance of twenty (20) feet. Handicap Parking Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #161 - ORDINANCE, TRAFFIC, SEC. 75, RESIDENT STICKER PARKING, FEDERAL STREET Councillor Flynn introduced the following Ordinance, which was adopted for first passage. In the year two thousand and one 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, Zone C, Color Green, is hereby amended by adding the following: "Federal Street, from Flint Street to Boston Street, northerly side, Resident Sticker Parking, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #162 - CLAIM OF ROBERT GRAY CITY OF SALEM 52 MARCH 8, 2001 REGULAR MEETING Councillor Hayes introduced the following Order, which was adopted. ORDERED: That the attached claim for Robert W. Gray be referred to the Committee on Ordinances, Licenses & Legal Affairs. #163 - RAISE IRISH FLAG FOR ST. PATRICK'S DAY Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Superintendent of the Park & Recreation Dept. raise the Irish Flag at Riley Plaza on March 16 & 17th, 2001 in honor of St. Patrick's Day. #164 - STOP SIGNS, WITCH HILL ROAD, 90-DAY TRIAL Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Police Traffic division of the Police Department, institute a 90 day trail period, Stop Signs on Witch Hill Road, at the intersection of Hillside Avenue and another at Mansell Park. #165 - SUPPORT OF CONTINUED PROGRESS OF BRIDGE STREET BY-PASS ROAD Councillor Flynn introduced the following Order which was adopted. ORDERED: That the City Council supports the continued progress of the "By- pass Road" #166 - SALEM/BEVERLY WATER BOARD COMPOSITION BE STUDIED, MEETING TIMES BE HELD IN THE EVENING Councillor Harvey introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety & Environment meet to discuss the reconfiguration of the Salem/Beverly Water Board. AND BE IT FURTHER ORDERED: That a discussion be held on having two members from Salem, Beverly, and Wenham to serve on the Wenham Lake Technical Advisory Commission in an advisory roll, to be appointed by Richard Chalpin of the D.E.P. AND BE IT FURTHER ORDERED: That the meetings of the Salem/Beverly Water Board be held at 7.00 P.M. on meeting nights. 53 CITY OF SALEM MARCH 8, 2001 REGULAR MEETING Councillor Flynn assumed the Chair for President Lovely. #167 - PEDESTRIAN CROSSING LIGHTS AT CHESTNUT ST. & SUMMER STREET Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the City Electrician and the Police Traffic Department investigate the feasibility of installing a crosswalk light at Chestnut Street, across Summer Street, and report their findings back to the Committee on Government Services. #168 - ORDINANCE, TRAFFIC, SEC. 13, SERVICE ZONE, WASHINGTON STREET Councillor Driscoll introduced the following Ordinance, which was adopted for first passage. Councillor Driscoll moved to waive the reading of the Ordinance. It was so voted. In the year two thousand and one An Ordinance to amend an Ordinance relative to Traffic, Service Zone Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 13, Service Zone, is hereby amended by deleting the following: "Washington Street, in front of#264, eastbound for a distance of forty (40) feet, No Parking Service Zone." and inserting in place thereof, the following: "Washington Street, in front of#264 Washington Street, for a distance of forty (40) feet, Service Zone, Monday through Saturday, 9.00 A.M. to 5.00 P.M. Section 2. This Ordinance shall take effect as provided by City Charter. #169 - ORDINANCE, TRAFFIC, SEC. 49, STOP SIGN, SALEM STREET Councillor Driscoll introduced the following Ordinance, which was adopted for first passage. Councillor Driscoll moved to waive the reading of the Ordinance. It was so voted. In the year two thousand and one CITY OF SALEM 54 MARCH 8, 2001 REGULAR MEETING An Ordinance to amend an Ordinance relative to traffic, Stop Sign 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: "Salem Street, southbound at the intersection of Salem Street with Lafayette Place. Stop Sign" Section 2. This Ordinance shall take effect as provided by City Charter. #170 - FINANCE DIRECTOR SUBMIT 36-MONTH FINANCIAL PLAN Councillor Driscoll introduced the following Order, which was adopted. ORDERED: That the Finance Director submit to the City Council a 36 month financial plan as previously requested by the City Council in December, 2000. #171 - SENIOR CENTER FUNDING, FINANCE COMMITTEE MEET Councillor Driscoll introduced the following Order, which was adopted. ORDERED: That the Mayor, Finance Director, and City Planner meet with the Administration and Finance Committee to discuss the financing of the proposed Senior Center. #172 - PLANNER SUBMIT STATUS OF HARBOR PLAN Councillor Driscoll introduced the following Order, which was adopted. ORDERED: That the City Planner provide the City Council with a written status report on the implementation of the Harbor Plan. #173 - COSTS INCURRED BY CITY FOR HAUNTED HAPPENINGS Councillor Driscoll introduced the following Order, which was adopted. ORDERED: That the Finance Director meet with the Administration and Finance Committee to discuss the costs incurred by the City related to Haunted Happenings. 55 CITY OF SALEM MARCH 8, 2001 REGULAR MEETING #174 - PAYMENT IN LIEU OF TAX AGREEMENTS Councillor Driscoll introduced the following Order, which was adopted. ORDERED: That the Finance Director provide the City Council with copies of all existing Payment in Lieu of Taxes (PILOT) Agreements currently in effect between the City and outside agencies. President Lovely resumed the Chair. #175 - 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 & 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 S.H.S. Baseball Boosters, April 14 & June 2, 2001 TAXI OPERATOR Mark S. Borowski, 8 Cypress St., Salem Lynda Brennan, 22 Front St., Beverly Mateo Calderon, 15 Leach St., Salem Alfredo Deschamps, 498 Essex St., Lynn Felix M. Hernandez, 72 Central St., Peabody Roberto Pacheco, 63 Palmer St., Salem Alberto Pena, 6 Sherman St., Peabody Leandro E. Pena, 12 First St., Salem #176 - (#55) -APPR. SCHOOL CONTINGENCY MERIT POOL Councillor Driscoll 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 the matter of an appropriation of$749,832.00 to School Contingency Merit Pool has considered said matter and would recommend approval. #177 - USE OF SALEM COMMON FOR FILM -ANDREW VANDEN HOUTEN CITY OF SALEM 56 MARCH 8, 2001 REGULAR MEETING The request of Andrew Vanden Houten of Moderncine, to use the Salem Common to make a film on April 27, 30, and May 1, 2001, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #178 - USE OF SALEM COMMON FOR WEDDING-KYLE REID & JENNIFER SWEENEY The request of Kyle Reid & Jennifer Sweeney to use the Salem Common for their wedding on September 15, 2001, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #179 - TAG DAY-S.H.S. CHEERLEADERS The following license application was granted. TAG DAY S.H.S. Basketball Cheerleaders, March 17, 2001 #180 - TAXICAB/LIMOUSINE LICENSE The following license application was referred to the Committee on Ordinances, Licenses, and Legal Affairs. TAXI CAB/LIMOUSINE Mildred's Transportation, 201 Washington St. (1) #181 -#182 - DRAINLAYER/CONTRACT OPERATOR LICENSES The following Drainlayer/Contract Operator License application was granted. Connick Construction, 324 Den Quarry Road, Lynn #1834185 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Robert E. Gravel, Jr., Salem Post Office, Salem Martin Imm, 174A Federal Street, Salem Subrogate Holyoke Mutual Insurance for John Martins (#59) - ORDINANCE AMENDING BOATS AND WATERWAYS, MOORING FEES 57 CITY OF SALEM MARCH 8, 2001 REGULAR MEETING The matter of second and final passage of an Ordinance amending Boats and Waterways, Mooring Fees and Permits, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Harvey, the meeting adjourned at 10.20 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK