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MINUTES - Regular - 5/22/2003 CITY OF SALEM 159 MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 22, 2003 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 16, 2003 at 11.20 A.M. All Councillors were present. Council President Thomas H. Furey presided. Councillor Chuber moved to dispense with the reading of the record of the previous meeting. It was so voted. President Furey requested that everyone please rise to recite the Pledge of Allegiance. (#449) — REQUEST OF CITY SOLICITOR TO HOLD AN EXECUTIVE SESSION Councillor O'Leary moved to take out of order, under Communications from City Officials, the request of Attorney John Keenan, City solicitor, to hold an Executive Session to report on litigation regarding Burnham vs. the City of Salem. It was so voted. Councillor O'Leary moved that the City Council adjourned to the City Council anteroom to hold the 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 the minutes of the Executive Session. At the end of the Executive Session, Councillor O'Leary moved that the regular meeting be continued. It was so voted. #424 —APPT. ATTY. ROBERT N. WEINER AS SPECIAL MUNICIPAL EMPLOYEE The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. ORDERED: That Attorney Robert N. Weiner is hereby designated a Special Municipal Employee under the provisions of Massachusetts General Laws, Chapter 268A, Section I (n). #425 —APPR. $18,014.25 TO ELECTRICAL DEPARTMENT RETIREMENT ANTICIPATION 160 CITY OF SALEM MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL The following Order, recommended by the Mayor, was adopted under suspension of the rules. President Furey had left the Chamber due to a conflict of interest. Councillor O'Leary assumed the Chair. Councillor Harvey moved that a City Seal be given to Mary Furey. It was so voted. ORDERED: That the sum of Eighteen Thousand Fourteen Dollars and twenty-five cents ($18,014.25) is hereby appropriated from the "Fund Balance Reserved for Appropriation Free Cash" Account to the "Electrical Department Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. President Furey returned to the Chamber and resumed the Chair. #426 —APPR. $4,000.00 TO CITY COUNCIL ADVERTISING 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 "City Council Advertising" Account in accordance with the recommendation of His Honor the Mayor. #427 —APPR. $2,000.00 TO HARBORMASTER VEHICLE MAINTENANCE 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 "Receipts Reserved Harbormaster" Account to the "Harbormaster Vehicle Maintenance" Account in accordance with the recommendation of His Honor the Mayor. #428 —APPR. $1,500.00 TO PARK & RECREATION IMPROVEMENTS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Thousand Five Hundred Dollars ($1,500.00) is hereby appropriated from the "Receipts Reserved Golf Course" CITY OF SALEM 161 MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL Account to the "Park and Recreation Park Improvements" Account in accordance with the recommendation of His Honor the Mayor. #429 — ORDINANCE AMENDING SALARY AND CLASSIFICATION OF POSITION OF ASST. CITY TREASURER AND FIRST DEPUTY COLLECTOR The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand and three An Ordinance to amend the Ordinance relative to Assistant Treasurer and First Deputy Collector and the Salary and Classification of Certain Employees of the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Section 2-447, Assistant treasurer and first deputy city collector is hereby amended by deleting this section in its entirety and replacing it with the following: Chapter 2, Section 2-447. Asst. Treasurer/Collector The Mayor shall, subject to confirmation by the City Council, appoint an Assistant Treasurer/Collector. The appointee shall hold office for three years from February 1 and until a successor is appointed and qualified. The incumbent First Deputy collector shall assume the position of Asst. Treasurer/collector until the term of office of the First Deputy Collector expires on January 31, 2004. A future vacancy in such office shall be filled in accordance with this section. Section 2. Chapter 2, Section 2-448, Performance of duties by Assistant Treasurer is hereby amended by replacing the title "Assistant Treasurer" with "Assistant Treasurer/Collector" as it appears in this section. Section 3. Chapter 2, Section 2-52 is hereby amended as follows: Delete the title "First Deputy Collector" in its entirety and replace the title of "Asst. City Treasurer" with the new title "Asst. City Treasurer/Collector" within Job Grade 12. Section 4. This Ordinance shall take effect as provided by City Charter. 162 CITY OF SALEM MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL #430 — ORDINANCE AMENDING POSITION OF PARKING CLERK, DELETING POSITION AND SALARY The following Ordinance, recommended by the Mayor, was referred to the Committee on Public Health, Safety, and the Environment. In the year two thousand and three An Ordinance to amend the Ordinance relative to the Parking Clerk and the Salary and Classification of Certain Employees of the City of Salem. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Section 2-111, Parking Clerk, is hereby amended by deleting the first sentence, "The position of Parking Clerk shall be a full-time position of 40 hours a week," in this section in its entirety. Section 2. Chapter 2, Section 2-52 is hereby amended by deleting the title "Parking Clerk" in its entirety. Section 3. This Ordinance shall take effect as provided by City Charter. #431 — MAYOR SUBMITTING THE FISCAL YEAR 2004 ANNUAL OPERATING BUDGET A communication was received from the Mayor, after the deadline of Tuesday noon, submitting the fiscal year 2004 City of Salem Operating Budget. Councillor DeToma requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. Councillor DeToma moved that the Budget be referred to the Committee on Administration and Finance under the rules. #432 — DONATION OF THREE (3) SHELVING UNITS FROM THE DANIEL LOW BUILDING A communication from the Mayor, advising the Council of a donation of three (3) antique mahogany shelving units from the Old Daniel Low Building, as a contribution to the restoration of City Hall, was received. The Communication was received and filed. Councillor O'Leary was recorded as `opposed.' CITY OF SALEM 163 MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL #433 — ORDINANCE AMENDING NON-CRIMINAL FINES, ESTABLISHING FINES FOR VIOLATIONS OF PUBLIC GUIDE ORDINANCE Councillor O'Keefe introduced the following Ordinance, which was adopted for first passage by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. In the year two thousand and three An Ordinance to amend an Ordinance relative to non-criminal fines, violations of public guide ordinance. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 1, Section 1-10, Non-criminal disposition of ordinance violations, is hereby amended by adding the following: Section 40-26. Public Guide Licenses Penalty: First offense....................$25.00 Second offense...............$50.00 Third & subsequent.........$100.00 Enforcing persons: Police, Licensing Inspector Section 2. This Ordinance shall take effect as provided by City Charter. #434 — STUDY OF ALTERNATING PARKING ON DERBY STREET Councillor Chuber introduced the following Order, which was adopted. ORDERED: That the City Planner, Mr. Joe Walsh or his designee, Captain Robert Callahan of the Police Traffic Division, and residents of Ward 1 be invited to a meeting of the Government Services Committee to evaluate the establishment of alternating parking every other block on Derby Street, as a way to discourage speeding for the portion beginning at the intersection with Kosciusko Street and ending at the intersection with Webb Street. #435 — ORDINANCE AMENDING TRAFFIC, RESIDENT PARKING, JACKSON STREET AND SALTONSTALL PARKWAY 164 CITY OF SALEM MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL Councillor Driscoll, in conjunction with Councillor Lovely, introduced the following Ordinance, which was adopted for first passage. In the year two thousand and three 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, is hereby amended by adding the following streets: Zone D color Yellow Jackson Street, in a westerly direction, on the northerly side, from Jefferson Avenue to Highland Avenue, Resident Parking, Tow Zone. 7.00 A.M. to 3.00 P.M., Monday through Friday." Zone E color Orange Saltonstall Parkway, eastbound, on the southerly side, from Lafayette Street to the end. Resident Parking, Tow Zone, 7.00 A.M. to 3.00 P.M., Monday through Friday." Section 2. This Ordinance shall take effect as provided by City Charter. #436 — ON-GOING PROBLEMS WITH PROPERTY ON HUBON STREET BY WELCH CONSTRUCTION Councillor Flynn, in conjunction with Councillor Harvey, introduced the following Order, which was adopted. ORDERED: That the City Solicitor, Building Inspector, and a representative of the Welch Construction Company meet with the Committee on Public Health, Safety and the Environment to discuss the on-going problems with the property owned by Welch Construction, located between Thorndike and Hubon Streets. #437 — TIMING OF LIGHTS ON ESSEX ST. (a-) FLINT ST. BE REVIEWED Councillor Lovely introduced the following Order, which was adopted. CITY OF SALEM 165 MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Police Traffic Division and the Electrical Department review and make recommendations with regard to the re-timing of the traffic signal at Essex Street and Flint Street (to determine whether the timing should be shortened on Essex Street) and report back to the Committee on Government Services regarding same within thirty (30) days. #438 — REVIEW OF "NO RIGHT TURN ON RED" PROHIBITIONS ON ESSEX ST. (c- FLINT STREET Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Police Traffic Division review and make recommendations with regard to installing a No Right on Red sign on Essex Street at Flint Street (eastbound) and report back to the Committee on Government Services regarding same within thirty (30) days. #439 — MASS. HIGHWAY REVIEW TIMING SIGNALS ON HIGHLAND AVE. AND REVIEW "NO TURN ON RED" PROHIBITION AT SWAMPSCOTT ROAD Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Planning Department, in conjunction with the Electrical Department, request that Mass. Highway Department review and make the necessary timing changes to the traffic signals on Highland Avenue at Traders Way and Marlborough Road and Highland Avenue at Swampscott Road. Also, that a request be made to the Mass. Highway Department to remove the "No Turn on Red" sign on Highland Avenue at Swampscott Road (northbound), and that said department report back to the Committee on Government Services regarding same within 60 days. #440 — REVIEW OF STOP SIGN ON LAWRENCE STREET AT OCEAN AVENUE Councillor Lovely introduced the following Order, which was adopted. ORDERED: that the Police Traffic Division review and make a recommendation regarding installing a stop sign on Lawrence Street, at Ocean Avenue West, and that the matter be referred to the Committee on Government Services. #441 - LOCAL EXCISE FOR TOURIST RELATED ACTIVITIES QUESTION BE PLACED ON MUNICIPAL ELECTION BALLOT 166 CITY OF SALEM MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL Councillor Flynn introduced the following Order. ORDERED: That the Salem City Council place the following binding question on the November 4, 2003 Municipal Election Ballot. Proposed Question: Shall the Salem City Council and the Mayor be directed to draft and file with the Massachusetts state legislature, a Home Rule Petition, in a manner summarized below, to establish a local excise not to exceed one dollar ($1.00) per ticket on all admissions to tourist related attractions that charge for admission in the city of Salem, said petition to be filed with the state legislature not later than ninety (90) days after passage of this question? Proposed question summary: This question requires the Salem City Council and the Mayor to draft and file with the state legislature a home rule petition to establish a local excise on admissions to tourist related attractions in the city of Salem. The tax may not exceed one dollar ($1.00) per ticket. The revenue collected will be retained by the city of Salem. The question requires that the petition be filed with the legislature within ninety (90) days of its passage. A YES vote is in favor of a home rule petition to establish a local excise on admissions to tourist related facilities in the city of Salem. A NO vote is against a home rule petition to establish a local excise on admissions to tourist related facilities in the city of Salem. Councillor O'Leary assumed the Chair. Council President Furey resumed the Chair. Councillor O'Keefe moved to refer the matter to the Committee on Ordinances, Licenses, and Legal Affairs to hold a public hearing. Councillor O'Keefe requested and received unanimous consent to withdraw his motion. Councillor Chuber requested unanimous consent to suspend the rules to allow Assistant City Solicitor James Gilbert to speak. Councillor Driscoll objected. Councillor O'Leary moved that the matter be referred to the Committee of the Whole to hold a public hearing. It was so voted. CITY OF SALEM 167 MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL #442 — SCHOOL BUDGET REPORT FOR APRIL, 2003 Councillor DeToma introduced the following Order, which was adopted. ORDERED: That the School Department Budget report for April, 2003, be received and placed on file. #443 — CITY COUNCIL MEETINGS FOR JULY AND AUGUST Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the regular meetings of the City Council for the months of July and August be combined and held on Thursday, July 17, 2003. #444 — (#317) —APPR. $20,000.00 PUBLIC PROPERTY TELEPHONE Councillor DeToma 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 an appropriation of$20,000.00 from Free Cash to Public Property Telephone Account has considered said matter and would recommend approval. #445 — (#230) — STREET BERM IN FRONT OF BOWDITCH SCHOOL Councillor Bencal 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 an Order relative to the berm in front of the Nathaniel Bowditch School has considered said matter and would recommend that no further action be taken, as the problem has been fixed. #446 — (#233) — GAS SPILL AT BARDON TRIMOUNT Councillor Bencal offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation. 168 CITY OF SALEM MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL The Committee on Government Services to whom was referred an Order relative to a gas spill at Bardon Trimount has considered said matter and would recommend no further action required, as the spill was in Swampscott. #447 — (#369) — (162 and #259 of 1984) CLARK STREET LAND AS CONSERVATION LAND Councillor Bencal offered the following report for the Committee on Government Services. 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 Government Services to whom was referred the matter of land on Clark Street being conveyed to the Conservation Commission back in 1984, has considered said matter and would recommend that the City Solicitor be instructed to file the transfer at the Registry of Deeds. #448 — (#368) — UPDATE OF CITY PROJECTS BY CITY PLANNER Councillor Lovely offered the following report for the Committee of the Whole, on behalf of President Furey. It was voted to accept the report and adopt the recommendation. The Committee of the Whole to whom was referred a meeting with City Planner Joe Walsh and Mrs. Denise McClure to discuss major projects in the City has considered said matter and would recommend that no further action take place, and we schedule another meeting in late July or early September to update us on the progress of major projects. #450 — CITY SOLICITOR SUBMITTING CONFIRMATORY DEED FOR PROPERTY AT 90 MEMORIAL DRIVE A Communication from City Solicitor John D. Keenan, requesting that the City Council authorize the Mayor to execute a Confirmatory Deed for 90 Memorial Drive, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #451 — FIREFIGHTERS MEMORIAL SERVICE An invitation from the Salem Firemen's Relief Association to attend the Annual Firefighters Memorial Service on June 8, 2003, was received and filed. #452 — TRI-CITY SERVICES LETTER REGARDING TAXI FARES CITY OF SALEM 169 MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL A communication from Tri-City Services, Inc., regarding taxi fares, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #453 — TAG DAY The following Tag Day application was referred to the Committee on Ordinances, Licenses, and Legal Affairs. Salem High School Football Boosters, Sept. 27, Oct. 18 & Nov. 8 #454 -#455 — CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Beverly A. Rhodes, 6 Loring Hills Avenue, Unit C4, Salem Commerce Insurance for David O'Malley, 11 Gore Rd., Webster (#396) — SECOND PASSAGE — ORDINANCE — TRAFFIC, HANDICAP PARKING ON WEBB STREET The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking on Webb Street, was then taken up. The Ordinance was adopted for second and final passage. (#412A) — ORDINANCE AMENDING LICENSING OF PAWNBROKERS Councillor O'Leary moved reconsideration of the vote taken on May 8, 2003, adopting for first passage the Ordinance on the Licensing of Pawnbrokers. Reconsideration was voted. Councillor O'Leary moved that the Ordinance be adopted for first passage and referred to the Committee on Ordinances, Licenses, and Legal Affairs. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. On the motion of Councillor O'Leary, the meeting adjourned at 8.45 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK 170 CITY OF SALEM MAY 22, 2003 REGULAR MEETING OF THE CITY COUNCIL