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MINUTES - Regular - 11/8/2001 CITY OF SALEM 285 NOVEMBER 8, 2001 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 8, 2001 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 2, 2001 at 9.24 A.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. #717 - EXECUTIVE SESSION WITH CITY SOLICITOR Councillor O'Leary 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 O'Leary, 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 the meeting for the minutes of the Executive Session. Following the Executive Session, Councillor O'Leary moved that the regular meeting continue. It was so voted. Councillor Hayes requested that the Council observe a moment of silence for the late John Brennan, a former Salem Police Officer, who passed away recently. #718 - CONDUIT LOCATION ON BRIDGE STREET A hearing was held on the Order of Massachusetts Electric Company for a conduit location on Bridge Street. Appearing in favor was Mr. Philip Casey of Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor Flynn moved that the permit be granted. It was so voted. #719 - CONDUIT LOCATION ON HIGHLAND AVENUE 286 CITY OF SALEM NOVEMBER 8, 2001 REGULAR MEETING OF THE CITY COUNCIL A hearing was held on the Order of Massachusetts Electric Company for a conduit location on Highland Avenue. Appearing in favor was Mr. Philip Casey of Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor Flynn moved that the permit be granted. It was so voted. #720 -APPT. CHRISTINE SULLIVAN TO PLANNING BOARD The Mayor's appointment of Christine B. Sullivan to serve as a member of the Planning Board for a term to expire May 1, 2003, was confirmed under suspension of the rules, by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Flynn requested and received unanimous consent to suspend the rules to allow Mrs. Sullivan to speak. Councillor Driscoll moved that a letter and City Seal be sent to William Luster. It was so voted. #721 -APPT. MARY F. EGAN TO COMMISSION ON DISABILITIES The Mayor's appointment of Mary F. Egan to serve as a member of the Commission on Disabilities for a term to expire January 11, 2003, 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 Ms. Egan to speak. #722 -APPT. CONSTABLE The Mayor's appointment of George J. Sofron as a Constable for a term to expire November 7, 2004, was received and filed. #723 -APPR. VARIOUS RECEIPTS RESERVED TO REDUCE AMOUNT RAISED BY TAXATION The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. Ordered: That the sum of Seven Hundred Fifty Thousand Dollars ($750,000.00) 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 2002 tax rate is set in accordance with the recommendation of His Honor the Mayor: R/Res - Golf Course $500,000 R/Res - Witch House $120,000 R/Res - Harbormaster $130,000 $750,000 CITY OF SALEM 287 NOVEMBER 8, 2001 REGULAR MEETING OF THE CITY COUNCIL #724 -APPR. VARIOUS OVERLAY ACCOUNTS TO REDUCE AMOUNT RAISED BY TAXATION The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Seventy-six Thousand Seven Hundred Fifty-nine Dollars and Twenty-five cents ($76,759.25) is hereby appropriated from the following overlay accounts to reduce the gross amount to be raised by taxation when the Fiscal Year 2002 tax rate is set in accordance with the recommendation of His Honor the Mayor: Provision for Abatements and Exemptions 1998 $30,059.50 Provision for Abatements and Exemptions 1999 $44,609.98 Provision for Abatements and Exemptions 2000 $ 2,089.68 $76,759.25 #725 -AUTHORIZE MAYOR TO EXECUTE FIVE-YEAR LEASE AGREEMENT WITH NORTHSIDE CARTING FOR TRANSFER STATION The following Order, recommended by the Mayor, was referred to the Committee of the Whole to hold a public hearing, and that the abutters be notified. ORDERED: That the Mayor is hereby authorized to execute a five-year agreement, with an option for five single year extensions, between the City of Salem and Northside Carting, Inc., for the lease of the Salem Transfer Station. #726 -AN ACT AUTHORIZING THE CONVEYANCE OF CERTAIN EASEMENTS (Gonyea Park & McGrath Park) Councillor O'Leary introduced the following Order, which was adopted 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. ORDERED: That the Salem City Council hereby approves the attached petition to the Great and General Court, entitled "AN ACT AUTHORIZING THE CITY OF SALEM TO CONVEY CERTAIN EASEMENTS", specifically land at Gonyea Park and Land at McGrath Park. #727 - ORDINANCE, TRAFFIC, SEC. 50B, HANDICAP PARKING AT 15 GENEVA ST 288 CITY OF SALEM NOVEMBER 8, 2001 REGULAR MEETING OF THE CITY COUNCIL Councillor Driscoll 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, is hereby amended by adding the following street: "Geneva Street, in front of#15 Geneva Street, for a distance of twenty (20) feet, Handicap Parking, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #728 - COMMUNITY AND ECONOMIC DEVELOPMENT MEET TO DISCUSS BASELINE FOR COMPLIANCE WITH NOISE ORDINANCE Councillor Flynn introduced the following Order, which was adopted. ORDERED: That the Licensing Board meet with the Board of Health and the Committee on Community and Economic Development to determine a baseline for enforcement of the Noise Ordinance. Councillor O'Leary assumed the Chair for President Lovely. #729 - GOVERNMENT SERVICES MEET REGARDING ISSUES RAISED BY PHILIP MCSWIGGIN AT J.P.I. SITE ORDERED: That the attached correspondence from Philip McSwiggin regarding the Bridge Street By-pass and the JPI project be referred to the Committee on Government Services for review. President Lovely resumed the Chair. #730 - 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. CITY OF SALEM 289 NOVEMBER 8, 2001 REGULAR MEETING OF THE CITY COUNCIL 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. LIMOUSINE Family Car Service, 93 Bridge Street, Salem (1) Mildred's Transportation Inc., 201 Washington Street, Salem (1) TAG DAY S.H.S. Harvard Model Congress, November 17, 2001 #731 - NORTH SHORE MEDICAL CENTER CANCER WALK The request of the North Shore Medical Center to hold a Cancer Walk and use the Salem Common on June 23, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #732 - TAG DAY The following License was granted. TAG DAY S.H.S. Swim Team, November 24, 2001 #733 - 751 - LICENSE APPLICATIONS The following License applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. FORTUNETELLING STORE Pyramid Books, 214 Derby St., Salem FORTUNETELLING Diana McKanas, 86 D. Wharf St., Salem Therese M. Devoe Noll, 401 Essex St. 2R, Salem Michael Noll, 401 Essex St. 2R, Salem Linda Weinbaum, 18 Hancock St., Salem JUNK DEALER Naumkeag Salvage, 5OR Broadway, Salem Talkowski & Son Inc., 10-24 Phillips St., Salem PUBLIC GUIDE 290 CITY OF SALEM NOVEMBER 8, 2001 REGULAR MEETING OF THE CITY COUNCIL Alejandra Mirand-Naon, 3 Winter St. Apt,. 4,Salem Mollie Stewart, 74 Essex St. #3, Salem SECOND HAND VALUABLE Samantha's Boutique, 205 Essex St. Antiques at Museum Place, Museum Place Mall #1 The Consignery (name change) 293 Jefferson Avenue Marine Arts Gallery, 135 Essex Street Record Exchange, 256 Washington Street Same Day Services, 2 Mason Street TAXI OPERATOR Jose B. Collado, 32 Palmer St., Salem Ronald A. Dominguez, 17 Hereford Road, Marblehead Hipolito Ozoria, 49 Harbor St., Salem Nancy Palumbo, 9 State St., Marblehead Jeff Schafer, 8 1/2Daniels St., Salem Blair Schetrompf Jr., 36 Stanns Ave., Peabody Larry Tessier, 81 Leach St., Salem Mary A. Waite, 21 Endicott St., Danvers David White, 5 Varney St., Salem LIMOUSINE Larry's Transportation, 81 Leach St. (1) VEHICLE FOR HIRE Moby Duck, 75 Essex Ave., Gloucester (Amphibious) Friendship Carriage Tours, 13 Crombie St. (3) (Horse Drawn) #752 -#753 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Atty. Robert Barrett Gould for Doris Briggs, 249 Central St., Lowell Atty. Kevin R. Daly for Jean W. LeBrun, 32 Church St., Salem (#698) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, SEC. 75, ARBELLA STREET The matter of second and final passage of an Ordinance amending Traffic, Section 75, Resident Sticker Parking on Arbella Street, was then taken up. The Ordinance was adopted for second and final passage. CITY OF SALEM 291 NOVEMBER 8, 2001 REGULAR MEETING OF THE CITY COUNCIL (#699) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, SEC. 13, DERBY STREET The matter of second and final passage of an Ordinance amending Traffic, Section 13, Service Zone, 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 7.55 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK 292 CITY OF SALEM NOVEMBER 8, 2001 REGULAR MEETING OF THE CITY COUNCIL EXECUTIVE SESSION A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 8, 2001 at 7.00 P.M. for the purpose of transacting any and all business, at which time, the City Council, by recorded roll call vote, went into Executive Session with the City of Salem Legal Department to discuss a matter of pending litigation. Notice of this meeting was posted on November 2, 2001 at 9.24 A.M. All Councillors were present. Council President Joan B. Lovely presided. President Lovely then called upon Attorney John Keenan, City Solicitor, to address the Council. See November 8, 2001 meeting for minutes of Executive Session. Minutes cannot be released without approval from City of Salem Legal Department. On the motion of Councillor O'Leary, the meeting was adjourned by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK