Loading...
MINUTES - Regular - 5/10/2001 CITY OF SALEM 97 MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 10, 2001 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 4, 2001 at 2.33 P.M. All Councillors were present. Council President Joan B. Lovely presided. Councillor LaCava 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. #316 - REAPPT. WALTER B. POWER, III TO PLANNING BOARD The Mayor's reappointment of Walter B. Power, III, 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 O'Leary requested and received unanimous consent to allow Mr. Power to speak. #317 - REAPPT. CONSTABLE The Mayor's reappointment of Richard O. Greaves to serve as a constable for a term to expire February 10, 2004, was received and filed. #318 -APPR. $35,000.00 TO HUMAN RESOURCES UNEMPLOYMENT The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. Ordered: That the sum of Thirty-five ($35,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Human Resources - Unemployment Compensation" Account in accordance with the recommendation of His Honor the Mayor. #319 -APPR. $15,000.00 - HUMAN RESOURCES WORKMEN'S COMP. MEDICAL The following Order, recommended by the Mayor, was referred to the 98 CITY OF SALEM MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL Committee on Administration and Finance under the rules. Ordered: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Human Resources - Workmen's Compensation Medical" Account in accordance with the recommendation of His Honor the Mayor. #320 -APPR. $4,127.00 TO HARBORMASTER PART-TIME SALARY The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. Ordered: That the sum of Four Thousand One Hundred Twenty-seven Dollars ($4,127.00) is hereby appropriated from the "Retained Earnings - Harbormaster" Account to the "Harbormaster - Part Time Salaries" Account in accordance with the recommendation of His Honor the Mayor. #321 -APPR. $600,000.00 TO WATER SERVICE IMPROVEMENT PROGRAM The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Driscoll requested and received unanimous consent to suspend the rules. The following Order, recommended by the Mayor, was adopted under suspension of the rules. Ordered: That the sum of Six Hundred Thousand Dollars ($600,000.00) is hereby appropriated from the "Retained Earnings - Water" Account to the "Public Services - Water Services Improvement Program" Account in accordance with the recommendation of His Honor the Mayor. #322 -AMEND LICENSING AGREEMENT WITH DICK & JUNE'S FOR CONCESSION AT GOLF COURSE The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor O'Leary requested and received unanimous consent to suspend the rules. The following Order, recommended by the Mayor, was adopted. Ordered: That the Council Order submitted March 22, 2001, adopted by the City Council April 12, 2001 authorizing the Mayor to execute a License Agreement CITY OF SALEM 99 MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL between the City of Salem and Debra Farley, dba Dick & June's Ice Cream for the operation of the Olde Salem Green Food & Beverage Concession for one year with an option for two additional years in one-year increments is hereby amended by deleting the following- ....Debra Farley, dba Dick & June's Ice Cream..... and inserting in place thereof the following- ....... Debra A. & Michael Farley, Inc.... #323 - RENTAL CONDITIONS AT SALEM HEIGHTS AND OTHER HIGHRISE HOUSING Councillor Furey introduced the following Order, which was adopted. ORDERED: That the subcommittee on Community and Economic Development look into the possibility of a home rule petition to benefit the rental conditions at our highrise apartments like Salem Heights, etc. Invite representative from Mayor, City Solicitor or Assistant Solicitor, Tenants Association of our high rises like Salem Heights, Mr. James Haskell, CDC. #324 - ORDINANCE, TRAFFIC, ONE WAY STREET, RAYMOND ROAD Councillor O'Keefe 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, One Way Street Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 10, One Way Street, is hereby amended by adding the following: "Raymond Road, from the intersection of Raymond Avenue to Lafayette Street, in an easterly direction. One Way Street" Section 2. This Ordinance shall take effect as provided by City Charter. #325 - BLOCK PARTY, FEDERAL STREET Councillor Flynn introduced the following Order, which was adopted. 100 CITY OF SALEM MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Federal Street School and the residents of Federal Street be allowed to have a Block Party on June 15, 2001 per the attached application. #326 - ORDINANCE REGULATING USE OF MOTORIZED SCOOTERS ON CITY STREETS Councillor Hayes introduced the following Ordinance, which was adopted for first passage and referred to the Committee on Ordinances, Licenses, and Legal Affai rs. In the year two thousand and one An Ordinance to amend an Ordinance relative to Motorized Scooters Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 24, Section 20, is hereby amended by adding the word "scooter" to section (a) Generally, after the word "trailbike", so that said section shall now read as follows: (a) Generally. It shall be unlawful for any person to operate a motorcycle, motorbike, snowmobile, trailbike, scooter, or any other motorized two wheel vehicle under the following circumstances:" Section 2. This Ordinance shall take effect as provided by City Charter. #327 - ORDINANCE, TRAFFIC, SEC. 17A, FINES FOR HANDICAP PARKING 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 Fines Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 17A, Schedule of Fines, is hereby amended by deleting under $50.00 fines "Any area designated for Handicap Parking" and inserting the following, under $1 00.00 fine: "Any area designated for Handicap Parking................ Section 50" CITY OF SALEM 101 MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL Section 2. This Ordinance shall take effect as provided by City Charter. Councillor Sargent left the Chamber due to a conflict of interest. #328 - STATUS REPORT REGARDING TAX AGREEMENT WITH P.G. & E. Councillor Driscoll, in conjunction with All Councillors, introduced the following Order, which was adopted. Ordered: That the Mayor and the Finance Director provide the Administration and Finance Committee with a status report and update of actions being taken with regard to the existing tax agreement with PG&E, in particular the strategies being explored by the administration on how best to deal with the expected decrease in revenues. Councillor Sargent returned to the Chamber. #329 -AMENDMENT TO TRAFFIC FINES, COMMITTEE INVESTIGATE Councillor Hayes, in conjunction with Council President Lovely, introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses, and Legal Affairs meet with the Police Traffic Division to discuss an amendment to the Traffic Ordinance Schedule of fines, and that the Police Traffic Division provide the City Council with a proposed schedule of said increases. #330 - ORDINANCE, TRAFFIC, SEC. 49, STOP SIGN, SUMMIT ST. AT WALL ST. Councillor O'Leary 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, Stop Sign Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 49, Stop Sign, is hereby amended by deleting the following: 102 CITY OF SALEM MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL "Summit Street, at #26 '/2 Summit Street, at the intersection with Wall Street" Section 2. This Ordinance shall take effect as provided by City Charter. #331 - SALE OF LAND ON DELL STREET - MEET TO DISCUSS RECENT SALE Councillor O'Leary, in conjunction with Councillor Harvey, introduced the following Order. ORDERED: That the Committee on Community and Economic Development meet with the City Solicitor, Finance Director, Treasurer, City Engineer, Attorney Scott Grover and the resident's of the surrounding area for the purpose of discussing the recent proposed sale on land on Dell Street. Councillor Harvey amended that a public hearing be held and the neighborhood be invited. It was so voted. The Order was adopted as amended so that it shall now read as follows. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. ORDERED: That the Committee on Community and Economic Development meet with the City Solicitor, Finance Director, Treasurer, City Engineer, Attorney Scott Grover and the resident's of the surrounding area for the purpose of discussing the recent proposed sale on land on Dell Street. AND BE IT FURTHER ORDERED: That a public hearing be held and the neighborhood be invited. #332 - FLOODING AT STEPPS BEACH AT JUNIPER COVE Councillor LaCava introduced the following Order, which was adopted. ORDERED: That the Public Services Director, Stan Bornstein, and members of the Conservation Commission meet with the Committee on Government Services to discuss their disagreement over taking action to alleviate flooding at Stepps Beach in Juniper Cove. #333 - CONSERVATION COMMISSION RESEARCH CITY-OWNED LAND ON DELL STREET CITY OF SALEM 103 MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Leary introduced the following Order, which was ORDERED: That the Conservation Commission, through its Conservation Land Trust, research the feasibility and appropriateness of taking title to city-owned land located along Dell Street, Circle Hill Road, and Parlee Street. Such research shall examine the land's physical appropriateness as open space to be retained as such by the Conservation Land Trust in perpetuity. #334 - RESOLUTION - EAGLE SCOUT - LIAM WALKER Councillor Sargent introduced the following Order, which was adopted. RESOLUTION: WHEREAS: Liam Walker being a resident of the City of Salem, and; WHEREAS: Liam Walker having achieved the highest rank in scouting, the "Eagle Scout" Award, and; WHEREAS: The Salem City Council takes great pride in the accomplishments of the youth in our community; and WHEREAS: The Salem City Council recognizes the dedication high level of commitment and dedication required of Liam in order to achieve this honor; and WHEREAS: The "Eagle Scout" Award is an honor of which Liam and his family should be extremely proud. NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of the City of Salem, congratulate Liam Walker, on his "Eagle Scout" Award, and commend him for his dedication and perseverance. AND BE IT FURTHER RESOLVED: That the City Council make this Resolution a matter of record of these proceedings, and that a suitable copy of this Resolution be presented to Liam Walker, along with a copy of the City Seal, as a token of respect that he so well deserves. #335 - CONSERVATION COMMISSION MEETING NIGHTS BE RESCHEDULED Councillor Flynn introduced the following Order, which was adopted. 104 CITY OF SALEM MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Planning Director be invited to the Committee on Government Services to discuss the re-scheduling of the Conservation Commission meetings. #336 - 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 & Legal Affairs to whom was referred The matter of granting certain licenses has considered said matter and would recommend that the following be granted SEAWORM Carlos Castranheira, 52 Paliologos St., Peabody SECOND HAND Same Day Services, 2 Mason St., Salem VALUABLE TAXI OPERATOR David Curtin, 387 Summer St., Lynn S. Gregory Jamieson, 43 Roslyn St., Salem Lucien A. Lavoie, 2 Fairview Rd., Marblehead Amado Roman, 24 Ward St., Salem Ike Silverhardt, 29 Broadway, Beverly Wilson Tejada, 160 Park St., Beverly #337 - (#217) APPR, FROM CAPITAL IMPROVEMENT TO PARK & RECREATION LARGE MOWER 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 appropriation of$50,625.00 from the Capital Outlay Account to the Park and Recreation Department for the purpose of purchasing a large mower has considered said matter and would recommend approval of same. #338 - (#194) BOND ORDER FOR WITCHCRAFT HEIGHTS ELEMENTARY SCHOOL CITY OF SALEM 105 MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL Councillor Driscoll 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. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee on Administration and Finance to whom was referred a bond authorization of$4,000,000.00 for additional costs at the Witchcraft Heights Elementary School has considered said matter and would recommend approval of same. #339 - (#193) - BOND ORDER FOR ADDITIONAL COSTS OF SALEM HIGH SCHOOL RENOVATIONS Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report. Councillor O'Keefe moved that the matter be tabled. It was so voted by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Sargent, O'Keefe, LaCava, Furey, Flynn, DeToma, and Lovely were recorded as voting in the affirmative. Councillors O'Leary, Hayes, Harvey, and Driscoll were recorded as voting in the negative. The Committee on Administration and Finance to whom was referred a bond authorization of$12,850,000.00 for additional costs at Salem High School, has considered said matter and would recommend that the matter not be approved. #340 - (#189) - BROTHER'S DELI LEASE IN SOUTH HARBOR GARAGE 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 ten year lease with Brother's Deli at the South River Garage has considered said matter and would recommend approval. #341 - (#249) - PEABODY/ESSEX MUSEUM EXTENSION OF HOURS 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. 106 CITY OF SALEM MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL The Committee on Community and Economic Development to whom was referred the matter of construction hours for the Peabody/Essex Museum has considered said matter and would recommend that the matter be referred to the Planning Board. #342 - (#222) - C.D.B.G. APPLICATION AND EXPEND FUNDS FOR FISCAL 2002 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 & Economic Development to whom was referred an Order to authorize the Mayor to submit the fiscal year 2002 C.D.B.G. application and to accept and expend funds has considered said matter and would recommend approval. #343 - SALEM/BEVERLY WATER BOARD RESPONDING TO COUNCIL ORDER REGARDING MALCOLM PERNIE STUDY A communication from the Salem/Beverly Water Supply Board responding to a Council Order regarding the Malcolm Pernie Study was received and filed. #344 -#356 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Taxi Operator Vincent Ercolano, 7 Crombie Street Abed Hasan, 22 Etna Place, Lynn Robert M. Smith, Jr., 47 Bridge St., Salem Taxi Cab Family Car Services Corp., 93 Bridge Street, Salem (2) Tag Day S.H.S. Golf Team, September 29, 2001 #347 -#355 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Rachel Dembkoski, 94 Roy Street, Swampscott Pete L. Demeule, 6 Monroe St., #2, Salem Elaine P. Jones, 9 Liberty Hill Ave., Salem Pauline St. Pierre, 3 Bradley Road, Salem CITY OF SALEM 107 MAY 10, 2001 REGULAR MEETING OF THE CITY COUNCIL Gary Theriault, 209 Jefferson Avenue, Salem Alfred A. Votta, 212 Jefferson Avenue, Salem Verizon, 2015 N. Classen Blvd., Oklahoma, OK Peter Tsoutsouras (Salem Diner), 70 Loring Avenue Subrogated Claim - Jeffrey Pietela, 262 Essex Street, Salem (#286) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, SEC. 50113, HANDICAP PARKING, HARBOR STREET The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Harbor Street, was then taken up. The Ordinance was adopted for second and final passage. (#287) - SECOND PASSGE - ORDINANCE AMENDING TRAFFIC, SEC. 74, TOW ZONE, STREET SWEEPING The matter of second and final passage of an Ordinance amending Traffic, Tow Zone, Street Sweeping, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor LaCava, the meeting adjourned at 10.05 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK