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MINUTES - Regular - 6/26/2003 CITY OF SALEM 183 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 26, 2003 at 7.28 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 20, 2003 at 8.45 A.M. Council President Thomas H. Furey presided. Senior Member Leonard F. O'Leary presided. Councillor Harvey moved to dispense with the reading of the record of the previous meeting. It was so voted. President O'Leary requested that everyone please rise to recite the Pledge of Allegiance. Councillor Harvey moved to take out of order, under Committee Reports, the Annual Budget. It was so voted. #498 — (#431) FISCAL YEAR 2004 ANNUAL BUDGET. 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 the fiscal year 2004 Annual Budget has considered said matter and would recommend that the following Orders be adopted. #499 — BOARD OF APPEAL ORDERED: That the Annual Appropriations under the authority of the Board of Appeal shall be as follows: Zoning Appeals Personnel Services $ 37000 . 00 Nonpersonnel Expenses $ 975 . 00 TOTAL $ 37975 . 00 184 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL #500 —ASSESSMENTS ORDERED: That only the following item in the Annual Appropriations under Assessments shall be reduced and all others shall remain the same: REDUCED North Shore Regional Vocational School $861,952.00 AND BE IT FURTHER ORDERED: That the Annual Appropriations under Assessments shall be as follows: ASSESSMENTS Nsrs/Charter/Choice $ 1 7237 7798 . 00 State and County $ 2 7774 7752 . 00 TOTAL $ 4 7012 7550 . 00 #501 — BOARD OF ASSESSORS ORDERED: That the Annual Appropriations under the authority of the Board of Assessors shall be as follows: Assessing Personnel Services $ 2217382 . 00 Nonpersonnel Expenses $ 437566 . 00 TOTAL $ 2647948 . 00 #502 — CEMETERY/OPEN SPACE ORDERED: That the Annual Appropriations under the authority of Cemetery/Open Space shall be as follows: CITY OF SALEM 185 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Cemetery Personnel Services $ 3627284 . 00 Nonpersonnel Expenses $ 747964 . 00 Shade Tree/Moth Supp . Personnel Services $ 877109 . 00 Nonpersonnel Expenses $ 57416 . 00 TOTAL $ 5297773 . 00 #503 — CITY CLERK ORDERED: That the Annual Appropriations under the authority of the City Clerk shall be as follows: Record Maintenance Personnel Services $ 1417398 . 00 Nonpersonnel Expenses $ 17500 . 00 TOTAL $ 1427898 . 00 #504 — CITY COLLECTOR ORDERED: That the Annual Appropriations under the authority of the City Collector shall be as follows: Collection Personnel Services $ 1137089 . 00 Nonpersonnel Expenses $ 307025 . 00 TOTAL $ 1437114 . 00 #505 — CONSERVATION COMMISSION ORDERED: That the Annual Appropriations under the authority of the Conservation Commission shall be as follows: 186 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Active/Passive Conserv . Personnel Services $ 207593 . 00 Nonpersonnel Expenses $ 425 . 00 TOTAL $ 217018 . 00 #506 — CITY COUNCIL ORDERED: That the Annual Appropriation under the authority of the City Council shall be as follows: Legislative Personnel Services $ 1197700 . 00 Nonpersonnel Expenses $ 87530 . 00 TOTAL $ 1287230 . 00 #507 — COUNCIL ON AGING ORDERED: That the Annual Appropriations under the authority of the Council on Aging shall be as follows: Administration & Support Personnel Services $ 3127405 . 00 Nonpersonnel Expenses $ 207850 . 00 TOTAL $ 3337255 . 00 #508 — DATA PROCESSING ORDERED: That the Annual Appropriations under the authority of Data Processing (MIS) shall be as follows: CITY OF SALEM 187 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Data Processing Services Personnel Services $ 1287238 . 00 Nonpersonnel Expenses $ 1167076 . 00 TOTAL $ 2447314 . 00 #509 — DEBT SERVICES ORDERED: That only the following items under the Annual Appropriation for Debt Services shall be reduced, and all others shall remain the same. REDUCED Debt Services $131,402.00 AND BE IT FURTHER ORDERED: That the Annual Appropriations under Debt Services shall be as follows: Debt Services $ 675687830 . 00 Short Term Debt Interest $ 8507000 . 00 TOTAL $ 774187830 . 00 #510 — ELECTIONS AND REGISTRATIONS ORDERED: That the Annual Appropriations under the authority of Elections and Registrations shall be as follows: Voting Personnel Services $ 1547222 . 00 Nonpersonnel Expenses $ 277400 . 00 TOTAL $ 1817622 . 00 #511 — ELECTRICAL ORDERED: That the Annual Appropriations under the authority of Electrical shall be as follows: 188 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Inspection/M aintenance Personnel Services $ 2587092 . 00 Nonpersonnel Expenses $ 5477545 . 00 TOTAL $ 8057637 . 00 #512 — FINANCE DIRECTOR ORDERED: That the Annual Appropriations under the authority of the Finance Director shall be as follows: Accounting Personnel Services $ 2017604 . 00 Nonpersonnel Expenses $ 97400 . 00 TOTAL $ 2117004 . 00 #513 — FIRE DEPARTMENT Councillor O'Keefe left the Chamber due to a conflict of interest. Councillor DeToma moved to reduce the Fire Department salary budget by $595,824.00, leaving a total of$6,018,793.00. It was so voted by a roll call vote of 6 yeas, 3 nays, 2 absent. Councillors Lovely, Harvey, Flynn, Driscoll, DeToma, and Chuber were recorded as voting in the affirmative. Councillors Sargent, O'Leary, and Bencal were recorded as voting in the negative. Councillors O'Keefe and Furey were absent. Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Bencal moved that the vote for the budget reduction be made unanimous. It was so voted. Councillor DeToma moved adoption of expenses as submitted by the Mayor. It was so voted. The Order reads as follows: CITY OF SALEM 189 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That only the following items in the Annual Appropriation under the authority of the Fire Department shall be reduced, and all others shall remain the same: REDUCED Personnel Services $595,824.00 AND BE IT FUTHER ORDERED: That the Annual Appropriations under the authority of the Fire Department shall be as follows: Fire Suppression Personnel Services $ 6 7018 7793 . 00 Nonpersonnel Expenses $ 3787995 . 00 TOTAL $ 6 7397 7788 . 00 #514 — HARBORMASTER ORDERED: That the Annual Appropriations under the authority of the Harbormaster shall be as follows- Harbor Patrol Personnel Services $ 1577258 . 00 Nonpersonnel Expenses $ 357900 . 00 TOTAL $ 1937158 . 00 #515 — BOARD OF HEALTH ORDERED: That the Annual Appropriations under the authority of the Board of Health shall be as follows: Adm inistation & Support Personnel Services $ 3497621 . 00 Nonpersonnel Expenses $ 157600 . 00 TOTAL $ 3657221 . 00 #516 — HISTORICAL COMMISSION 190 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Annual Appropriations under the authority of the Historical Commission shall be as follows: Historic Preservation Personnel Services $ 67624 . 00 Nonpersonnel Expenses $ 17609 . 00 TOTAL $ 87233 . 00 #517 - HUMAN RESOURCES ORDERED: That the Annual Appropriations under the authority of Human Resources shall be as follows: Personnel Personnel Services $ 1567236 . 00 Nonpersonnel Expenses $ 447550 . 00 Group Insurance Personnel Services $ 674127850 . 00 U nem ploym ent Com p . Personnel Services $ 2507000 . 00 Workmen 's Comp . Personnel Services $ 3657000 . 00 Youth Opportunity Personnel Services $ - TOTAL $ 7 7228 7636 . 00 #518 - LIBRARY ORDERED: That the Annual Appropriations under the authority of the Library shall be as follows: CITY OF SALEM 191 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Community Reader Service Personnel Services $ 6647497 . 00 Nonpersonnel Expenses $ 2057652 . 00 TOTAL $ 8707149 . 00 #519 — LICENSING BOARD ORDERED: That the Annual Appropriations under the authority of the Licensing Board shall be as follows: Licensing Personnel Services $ 447427 . 00 Nonpersonnel Expenses $ 17620 . 00 TOTAL $ 467047 . 00 #520 — MARKET AND TOURIST COMMISSION ORDERED: That The Annual Appropriations under the authority of the Market and Tourist Commission shall be as follows: Tourist Promotion Nonpersonnel Expenses $ 147767 . 00 TOTAL $ 147767 . 00 #521 — MAYOR ORDERED: That the Annual Appropriations under the authority of the Mayor shall be as follows: 192 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Executive Personnel Services $ 2497578 . 00 Nonpersonnel Expenses $ 827427 . 00 TOTAL $ 3327005 . 00 #522 — PARK & RECREATION ORDERED: That the Annual Appropriations under the authority of Park & Recreation shall be as follows: Administration & Support Personnel Services $ 8277418 . 00 Nonpersonnel Expenses $ 1987910 . 00 Golf Course Personnel Services $ 2187109 . 00 Nonpersonnel Expenses $ 907911 . 00 Winter Island Personnel Services $ 1137499 . 00 Nonpersonnel Expenses $ 397020 . 00 Witch House Personnel Services $ 747066 . 00 Nonpersonnel Expenses $ 487000 . 00 TOTAL $ 176097933 . 00 #523 — PARKING DEPARTMENT ORDERED: That the Annual Appropriations under the authority of the Parking Department shall be as follows: CITY OF SALEM 193 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL General Operations Personnel Services $ 4017694 . 00 Nonpersonnel Expenses $ 1197000 . 00 TOTAL $ 5207694 . 00 #524 — PARKING FINES ORDERED: That the Annual Appropriations under the authority of Parking Fines shall be as follows: Parking Fine Admin . Personnel Services $ 197961 . 00 Nonpersonnel Expenses $ 87500 . 00 TOTAL $ 287461 . 00 #525 — PLANNING BOARD ORDERED: That the Annual Appropriations under the authority of the Planning Board shall be as follows- Subdivision/Planning/Zoning Personnel Services $ 207593 . 00 Nonpersonnel Expenses $ 37500 . 00 TOTAL $ 247093 . 00 #526 — PLANNING DEPARTMENT ORDERED: That the Annual Appropriations under the authority of the Planning Department shall be as follows: 194 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Planning/Comm unity Develop . Personnel Services $ 1777818 . 00 Nonpersonnel Expenses $ 107775 . 00 City Hall Annex Rent $ 3877000 . 00 TOTAL $ 5757593 . 00 #527 — POLICE ORDERED: That the Annual Appropriations under the authority of the Police Department shall be as follows: Citizen Protection Personnel Services $ 6 7087 7017 . 00 Nonpersonnel Expenses $ 3417650 . 00 TOTAL $ 674287667 . 00 Councillors O'Keefe, Lovely, Flynn, and Sargent were recorded as "opposed". #528 — PUBLIC PROPERTY ORDERED: That the Annual Appropriations under the authority of Public Property shall be as follows- Building/Plumbing/Gas Inspection Personnel Services $ 2577444 . 00 Public Building Maintenance Personnel Services $ 837475 . 00 Nonpersonnel Expenses $ 2887160 . 00 TOTAL $ 6297079 . 00 #529 — PUBLIC SERVICES CITY OF SALEM 195 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Annual Appropriations under the Authority of Public Services shall be as follows: Engineering Services Personnel Services $ 6977991 . 00 Nonpersonnel Expenses $ 371807505 . 00 GIS Personnel Services $ 517393 . 00 Nonpersonnel Expenses $ 57000 . 00 Snow & Ice Control Personnel Services $ 507000 . 00 Nonpersonnel Expenses $ 2507000 . 00 TOTAL $ 472347889 . 00 #530 — SEWER ENTERPRISE ORDERED: That the Annual Appropriations under SEWER Enterprise Funds shall be as follows: Sewer Personnel Services $ 3657967 . 00 Nonpersonnel Expenses $ 7417800 . 00 S . E . S . D . Assessment $ 5 7732 7769 . 00 TOTAL $ 678407536 . 00 #531 —WATER ENTERPRISE ORDERED: That the Annual Appropriations under the Water Enterprise Fund shall be as follows: 196 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Water Personnel Services $ 3687317 . 00 Nonpersonnel Expenses $ 4037500 . 00 Salem /Beverly Water Bd . Assess . $ 1 77947228 . 00 Water Short Term Debt $ 1157000 . 00 Water Debt Service $ 1077363 . 00 TOTAL $ 277887408 . 00 #532 — PURCHASING ORDERED: That the Annual Appropriations under the authority of Purchasing shall be as follows: Purchasing Personnel Services $ 1267353 . 00 Nonpersonnel Expenses $ 747946 . 00 TOTAL $ 2017299 . 00 #533 — SCHOOL DEPARTMENT ORDERED: That the Annual Appropriation for the School Department shall be reduced by the amount of$900,000.00. AND BE IT FURTHER ORDERED: That the Annual Appropriation for the School Department shall be as follows: Salem School Department Administration & Support $ 3975257000 . 00 TOTAL $ 3975257000 . 00 Councillors O'Keefe and O'Leary were recorded as "opposed". CITY OF SALEM 197 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL #534 — SOLICITOR ORDERED: That the Annual Appropriations under the authority of the City Solicitor shall be as follows: Legal Services Personnel Services $ 1097663 . 00 Nonpersonnel Expenses $ 1297300 . 00 TOTAL $ 2387963 . 00 #535 — TREASURER ORDERED: That only the following items in the Annual Appropriation under the authority of the City Treasurer shall be reduced and all others shall remain the same. REDUCED Municipal Insurance $115,000.00 AND BE IT FURTHER ORDERED: That the Annual Appropriations under the authority of the City Treasurer shall be as follows: 198 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Treasury Services Personnel Services $ 1507361 . 00 Nonpersonnel Expenses $ 1077943 . 00 Contributory Retirement Personnel Services $ 479237382 . 00 Municipal Insurance Nonpersonnel Expenses $ 4307590 . 00 Non -Contributory Pensions Personnel Services $ 2987200 . 00 Medicare Personnel Services $ 6157600 . 00 TOTAL $ 6 7526 7076 . 00 #536 —VETERANS AGENT ORDERED: That the Annual Appropriations under the authority of the Veterans Agent shall be as follows: Administration & Support Personnel Services $ 807438 . 00 Nonpersonnel Expenses $ 737980 . 00 TOTAL $ 1547418 . 00 #537 — TOTAL APPROPRIATION The following Order was adopted by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Sargent, O'Leary, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillor O'Keefe was recorded as voting in the negative. Councillor Furey was absent. Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. CITY OF SALEM 199 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the aggregate fiscal 2004 operating budget, recommended by the Mayor in the amount of$ 93,198,515.00 is hereby adopted in the amount of$90,594,337.00 AND BE IT FURTHER ORDERED: That the adopted fiscal 2004 operating budget be funded from property taxes, state aid, and non-property tax revenues when the fiscal year 2004 tax rate is set. #538 — TOTAL SEWER ENTERPRISE The following Order was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillors O'Leary and O'Keefe were recorded as voting in the negative. Councillor Furey was absent. Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. ORDERED: That the Sewer Enterprise Fund Fiscal Year 2004 Operating Budget, recommended by the Mayor in the amount of$ 6,840,536.00 is hereby adopted in the amount of$6,840,536.00 AND BE IT FURTHER ORDERED: That the adopted fiscal year 2004 Sewer Enterprise Fund Operating Budget be funded from sewer rates, state aid, and non-sewer revenues when the fiscal year 2004 Sewer rate is set. #539 — TOTAL WATER ENTERPRISE The following Order was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillors O'Keefe and O'Leary were recorded as voting in the negative. Councillor Furey was absent. Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. ORDERED: That the Water Enterprise Fund Fiscal Year 2004 Operating Budget, recommended by the Mayor in the amount of$ 2,788,408.00 is hereby adopted in the amount of$2,788,408.00 AND BE IT FURTHER ORDERED: That the adopted fiscal year 2004 Water Enterprise Fund Operating Budget be funded from water rates, state aid, and non-water revenues when the fiscal year 2004 Water rate is set. 200 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL #540 -#541 — EXECUTIVE SESSION WITH SOLICITOR TO DISCUSS SALEM HARBOR STATION AND SPECIAL EDUCATION LITIGATION Councillor Flynn moved to take out of order, under Communications from City Officials, the request from Solicitor John Keenan, to hold an Executive Session to discuss a property tax valuation update as it pertains to the Salem Harbor Power Station, and to also discuss a special education litigation settlement. It was so voted Councillor Flynn moved that the City Council adjourn 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 roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillor Furey was absent. See end of meeting for minutes of Executive Session. Following the Executive Session, Councillor Flynn moved that the regular meeting be continued. It was so voted. #542 — (#456) -APPT. JOHN BORIS TO LICENSING BOARD, WITHDRAWAL BY MAYOR A communication received from the Mayor, withdrawing the appointment of John A. Boris to the Licensing Board, was received and filed. #543 —APPT. BARBARA POREMBA TO BOARD OF HEALTH The Mayor's appointment of Barbara A. Poremba to serve on the Board of Health for a term to expire June 1, 2006, was held until the next meeting under the rules. #544 —APPR. HARBORMASTER VEHICLE MAINTENANCE The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Five Thousand Nine Hundred Eight-Four Dollars ($5,984.00) is hereby appropriated from the "Receipts Reserved Harbormaster" Account to the "Vehicle Maintenance" Account in accordance with the recommendation of His Honor the Mayor. CITY OF SALEM 201 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL #545 — ORDINANCE AMENDING FEES FOR DEPT. OF WEIGHTS & MEASURES The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand three An Ordinance to amend an Ordinance relative to Weights and Measures fees. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 48, Section 1 of the Salem Code of Ordinances are hereby amended by deleting this section in its entirety and inserting thereof the following- Sealing- Scale w/ capacity over 10,000 pounds $200.00 Scale w/ capacity 5,000 — 10,000 pounds $200.00 Scale w/ capacity 1,000 — 5,000 pounds $150.00 Scale w/ capacity 100 — 1,000 pounds $ 50.00 Scale w/ capacity 10 — 100 pounds $ 35.00 Scale w/ balances under 10 pounds $ 25.00 Weights: Avoirdupois, each $ 3.00 Metric, each $ 3.00 Apothecary, each $ 3.00 Troy, each $ 3.00 Capacity Measures: Each indicator (vehicle tanks) $ 10.00 Each 100 gallons or fraction thereof (V.T.) $ 5.00 Liquid: One gallon or less $ 2.00 Liquid capacity measure of capacity of more than 1 gallon and measures on pumps $ 2.00 Gasoline pumps (each hose) motor tested $ 30.00 Liquid measuring meters: Oil, grease $ 6.00 Gasoline $ 30.00 Vehicle tank pump $110.00 Vehicle tank gravity $110.00 Bulk storage $210.00 Company supplies prover $110.00 Pumps: 202 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Each stop on pump $ 2.00 Other devices: Taximeters $ 25.00 Odometer-hubodometer $ 20.00 Leather measure (semiannual) $ 10.00 Fabric measuring $ 10.00 Wire, rope, cordage $ 10.00 Linear Measurers: Yardsticks $ 3.00 Tapes $ 3.00 Miscellaneous: Milk jars (per gross) $ 25.00 Dry measures $ 1.00 Adjusting, repairs, special facilities $ 10.00 Christmas tree permits $100.00 Section II. This Ordinance shall take effect as provided by City Charter. #546 — RESOLUTION-REQUEST APPROPRIATION FOR FIRE LADDER TRUCK, UNDER M.G.L. CH. 44, SEC. 33A Councillor O'Keefe left the Chamber due to a conflict of interest. Councillor Harvey, in conjunction with all Councillors, introduced the following Resolution, which was adopted by a roll vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O'Leary, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillors O'Keefe and Furey were absent. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. RESOLUTION: Whereas: The current ladder truck in the Fire Department is in a state of disrepair; and Whereas: Having the ladder truck out of service is a public safety hazard; and Whereas: There is funding to support the repair to the ladder truck in the City's Capital Improvement Fund; and CITY OF SALEM 203 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Whereas: The Council deems repair of the ladder truck to be necessary, especially considering cut backs in surrounding communities which impact their ability to provide mutual aid. NOW, THEREFORE, BE IT RESOLVED: that the Salem City Council hereby recommends that an appropriation of$150,000.00 for repair to the ladder truck be transmitted to the Council at the next regularly scheduled Council meeting pursuant to MGL Chapter 44, Section 33A. #547 — COUNCIL SUPPORT OF CURRENT FIRE DEPARTMENT STAFFING LEVELS Councillor Bencal, in conjunction with all Councillors, introduced the following Order, which was adopted. Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. ORDERED: That the City Council go on record in support of maintaining Fire Department staffing at 84 firefighters. In the event of a firefighter leaving the department, that the firefighter be immediately replaced. Councillor O'Keefe returned to the Chamber. #548 — RESOLUTION — CLIMATE PROTECTION Councillor Harvey introduced the following Resolution, which was adopted. RESOLUTION: Whereas: The City of Salem as a participant in Cities for Climate Protection, has joined other municipalities across the world in committing to reduce greenhouse gas emissions within our City borders; and Whereas: The City of Salem supports the meaningful state efforts in reducing greenhouse gas emissions and the growing dangers of climate change that threatens our public health, environment and economy; and Whereas: The citizens of the Commonwealth are relying on our state to seriously address climate change, in order to preserve the quality of life for all residents. 204 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL NOW, THEREFORE, BE IT RESOLVED: that the City of Salem urges Governor Romney to release a comprehensive State Climate Action Plan to achieve the goals of protecting the environment and the health of our state and its citizens. AND BE IT FURTHER RESOLVED: That a copy of this Resolution be forwarded to Governor Mitt Romney and Mr. Douglas I. Foy, Chief of Commonwealth Development. #549 — CLOSING OF PEABODY/ESSEX MUSEUM PUBLIC WALKWAY Councillor Driscoll introduced the following Order, which was adopted. ORDERED: That the representatives of the Peabody Essex Museum and the Planning Board meet with the Committee on Community and Economic Development to discuss the status of the public walkway through the new addition to the Peabody Essex Museum. #550 — (#413) — INCREASE OF FEES FOR USE OF SALEM COMMON Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation for first passage. The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred an Ordinance to amend the fees for the use of the Salem Common has considered said matter and would recommend adoption of the attached Ordinance for first passage, as amended by the Committee. #550A— ORDINANCE AMENDING FEES FOR USE OF THE SALEM COMMON, ADMINISTERED BY PARK & RECREATION DEPARTMENT In the year two thousand and three An Ordinance to amend an Ordinance relative to Fees for the use of the Salem Common Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 26, Article III, Salem Common Use Policy, is hereby amended by deleting under Section 26-73, Fee Schedule, items (1) through (10) and inserting in place thereof, the following: CITY OF SALEM 205 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL EVENT RESIDENTS NON-RESIDENTS Wedding $50.00 $100.00 Road Race $75.00 $100.00 Vigil $75.00 $125.00 Non-Profit $100.00 $150.00 Ceremony (service, mass, celebration of any $0 $0 denomination Non-Ceremonial event (fundraiser, social $50.00 $100.00 gathers, not involving a celebration of faith Concert (excl. summer series) $75.00 $125.00 Bike Race $125.00 $200.00 Craft Fair $200.00 $250.00 Community Event (commercial) $250.00 $300.00 City Events $0 $0 Section 2. Chapter 26, Section 26-73, Fee Schedule, is hereby further amended by renumbering (11) to (12). Section 3 Chapter 26, Section 26-73, Fee Schedule, is hereby further amended by adding the following- (d) Overtime Fees: The Park and Recreation Superintendent will make the decision on the number of city workers required per event. Deposit: The Park and Recreation Department will hold a $250.00 damage deposit until inspection of the Common following event. Additional charges may be accessed if further damage is found. Trash: All trash must be placed in plastic bags and placed in receptacle for the city to pick-up. Violations: Any violation of these regulations will result in the immediate termination of the permit, and the event shall immediately cease and leave the Common. No refund of deposit shall be granted. Section 2. This Ordinance shall take effect as provided by City Charter. #551 — (#481 -#494) — GRANTING CERTAIN LICENSES Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and adopt the recommendation. 206 CITY OF SALEM J U N E 26, 2003 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. TAG DAY S.H.S. Ice Hockey, November 22, 2003 TAXI OPERATOR Russell Shafer, 8 Dana Rd., Peabody Rudy Rosario, 25 Ward St., Salem PUBLIC GUIDE Heather Bellegarde, 300 Essex St., Salem Judith Eidelman, 8 Long View Dr., Marblehead Carole A. Hartling, 37 Peach Highlands, Marblehead Alice Hernandez, 649 Plymouth St., Holbrook Merrill Kohlhfer, 44 Beaver St., Salem James McAllister, 86 Federal St., Salem Ann R. McDonald, 95 Audubon Rd., Wakefield Helen M. Medler, 1 Gallows Hill Rd., Salem Bruce Rateman, 108 Water St., Danvers William Sano, 35 Daniels St., Salem Herb Van Dam, 361 Lafayette St., Salem Allen Winecour, 161 Garland St., Everett #552 — (#424) — SPECIAL MUNICIPAL EMPLOYEE ROBERT WEINER Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report. The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the Mayor's appointment of Attorney Robert N. Weiner as a Special Municipal Employee has considered said matter and would recommend approval. Councillor Harvey moved that the matter be referred to the Committee on Public Health, Safety and the Environment. The motion was defeated. Councillor O'Keefe moved the question. It was so voted. The recommendation of the Committee was adopted. Councillor Harvey served notice of reconsideration at the next meeting. Councillor Harvey withdrew his intention to reconsider. CITY OF SALEM 207 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL #553 — (#450) — CONFIRMATORY DEED FOR PROPERTY AT 90 MEMORIAL DRIVE Councillor O'Keefe 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 a confirmatory deed for the property at 90 Memorial Drive has considered said matter and would recommend approval. #554 — (#225) — ORDINANCE AMENDING CLAIMS, NON-PAYMENT OF TAXES AND FEES Councillor O'Keefe 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 an Ordinance relative to Claims against the City has considered said matter and would recommend adoption of the attached Ordinance for second passage, as amended by the Committee. The Ordinance reads as follows: (#225) - ORDINANCE AMENDING CLAIMS, NON-PAYMENT OF TAXES AND FEES In the year two thousand and three An Ordinance to amend an Ordinance relative to Claims against the City of Salem Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Section 1781 is hereby amended by adding the following: Prior to the City Council considering any claim, the City Collector, Parking Clerk, or any other official designated to collect fees and/or taxes due the City of Salem, shall notify the City Council of any monies overdue the City by the claimant. Further, the City Council shall not approve any settlement until all delinquent taxes and/or fees have been paid by the claimant, to the City of Salem. 208 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Section 2. This Ordinance shall take effect as provided by City Charter. #555 — (#461) —APPR. SCHOOL SPECIAL EDUCATION TUITION Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor Driscoll was recorded as "opposed". Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee on Administration and Finance to whom was referred an Appropriation of$125,000.00 from Free Cash to School Special Education Tuition, has considered said matter and would recommend approval. #556 — DECLARE PROPERTY AT 136 HIGHLAND AVE. SURPLUS A communication was received from City Solicitor John Keenan, requesting that the property at 136 Highland Avenue be declared surplus, and authorize the Director of Public Property to sell the property by sealed bid. Councillor O'Keefe moved that the request be adopted. It was so voted. #557 — LICENSE TO USE PORTION OF PACIFIC STREET A communication was received from City Solicitor John Keenan, requesting Council approval of a license to allow the use of an unconstructed portion of Pacific Street. Councillor Driscoll moved that the request be adopted. It was so voted. #558 — DISCONTINUANCE OF A PORTION OF ROSE STREET, ABUTTING GARDNER MATTRESS A hearing was ordered for July 17, 2003, on the petition of Attorney John Keilty, representing Gardner Mattress, requesting the discontinuance of an unconstructed portion of Rose Street, containing 1,348 square feet. WHEREAS, in the opinion of the City Council the public necessity and convenience required that a public street or way called "Unconstructed portion of Rose Street" should be discontinued as a highway of the city from the westerly sideline of Canal Street immediately adjacent to 254 Canal Street (Map 32, Lot 40) to the fence of the Marblehead branch of the B & M railroad as shown on plans entitled "Plan of Land in Salem, MA, prepared for Gardner Mattress CITY OF SALEM 209 J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL Corporation, dated September 5, 2002", "Plan of Rose Street, dated January 10, 1911" and "Proposed Extension of Canal Street dated August, 1927", said plans on file in the office of the City Clerk, it is therefore hereby: ORDERED, that due notice be given to parties of interest as listed on an abutters list prepared by the Salem Assessors office, and all other of interest, that the City Council intends to discontinue the highway before mentioned, and to take therefore a portion of that land and discontinue that portion of said street in said city; and that Thursday the 17th day of July 2003, at 7.00 P.M., at City Hall, Salem, is appointed as the time and place for a public hearing in the matter. #559 -#562 — LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs, excluding the tag day for Salem High Golf Team on June 28, 2003. Councillor O'Keefe moved approval of the June 28, 2003 tag day. It was so voted. PUBLIC GUIDE Robert Anthony, 37 Boardman St., Salem Audrey R. Goldstein, 112 Valley Rd., Needham Michael Kuhn, 55D Beckett PI., Marblehead Joel Salloway, 35 Amherst Rd., Beverly Helen Murray, 54B Brackett PI., Marblehead David Noonan, Jr., 59 North River Rd., Scituate Robert Woodward, 56 Hatherly St., Rockland TAG DAY S.H.S. Marching Band, December 6, 2003 S.H.S. Golf Team, June 28, 2003 S.H.S. Golf Team, September 6, 2003 #563 — CLAIM The following Claim was referred to the Committee on Ordinances, Licenses, and Legal Affairs. Alan Gilbert, 66 Auburndale Road, Marblehead #564 — SIGN BOND The following sign bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. 210 CITY OF SALEM J U N E 26, 2003 REGULAR MEETING OF THE CITY COUNCIL B. F. Goodstitch, LTD, 18 Front Street (#429) — SECOND PASSAGE — ORDINANCE AMENDING POSITION OF ASSISTANT TREASURER/COLLECTOR The matter of second and final passage of an Ordinance amending the position and salary of the Assistant Treasurer/Collector, was then taken up. The Ordinance was adopted for second and final passage. (#463) — ORDINANCE AMENDING HAWKERS, PEDDLERS, AND SOLICITORS, HOURS OF OPERATION The matter of second and final passage of an Ordinance amending Hawkers, Peddlers, and door-to-door Soliciting, amending the hours of operation, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Keefe, the meeting adjourned at 10.07 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK