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MINUTES - Regular - 2/28/2002 CITY OF SALEM 367 FEBRUARY 28, 2002 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 28, 2002 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 22, 2002 at 11.05 A.M. All Councillors were present. Council President Regina R. Flynn presided. Councillor Chuber moved to dispense with the reading of the record of the previous meeting. It was so voted. #150 -JOINT POLE LOCATION ON HIGHLAND AVENUE A hearing was held on the Order of Massachusetts Electric company for a joint pole relocation on Highland Avenue. Appearing in favor was Mr. Richard Picone of Verizon. There was no one opposed. The hearing was closed. On the motion of Councillor O'Leary, the permit was granted. #151 -APPT. DAVID PABICH AS MEMBER OF CONSERVATION COMMISSION The Mayor's appointment of David Pabich to serve as a member of the conservation Commission for a term to expire March 1, 2005, replacing Debra Hurlburt, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor O'Keefe requested and received unanimous consent to suspend the rules to allow Mr. Pabich to speak. Councillor DeToma moved that a letter of thanks and a City Seal be forwarded to Debra Hurlburt. #152 - REAPPT. PARKING DEPARTMENT BOARD The Mayor's reappointment of the following to the Parking Department Board for terms to expire January 31, 2003, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Suzanne Hensley - Attorney Joseph Hedio - Joseph Kamon - Sam Spatafore #153 -APPR. PUBLIC PROPERTY TELEPHONE The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. 368 CITY OF SALEM FEBRUARY 28, 2002 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Twenty Two thousand Dollars ($22,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Public Property - Telephone" account in accordance with the recommendation of His Honor the Mayor. #154 -APPR. PUBLIC PROPERTY ELECTRICITY The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Thirteen Thousand Six Hundred Dollars ($13,600.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation Free Cash" account to the "Public Property Electricity" Account in accordance with the recommendation of His Honor the Mayor. #155 -APPR. DATA PROCESSING MAINTENANCE The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Seven Thousand Nine Hundred Ten Dollars ($7,910.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Data Processing Maintenance" Account in accordance with the recommendation of His Honor the Mayor. #156 -APPR. MAYOR SALARIES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2,500.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Mayor - Salaries" Account in accordance with the recommendation of His Honor the Mayor. #157 - COMMITTEE OF WHOLE MEET REGARDING PICKERING WHARF HOTEL PROJECT Councillor Chuber introduced the following Order, which was adopted. ORDERED: That we invite Mr. Hilary Rockett to appear before the Committee of the Whole to update the Council on the status of the Hotel Project. CITY OF SALEM 369 FEBRUARY 28, 2002 REGULAR MEETING OF THE CITY COUNCIL #158 - COMMITTEE OF WHOLE MEET REGARDING PROPOSED TRANSPORTATION IMPROVEMENT PROJECTS Councillor Driscoll introduced the following Order, which was adopted. ORDERED: That the City Planner and or representatives from the North shore Major Investment Study Steering Committee be invited to a City Council Committee of the Whole meeting to discuss proposed transportation improvement projects being considered in and for the benefit of the City of Salem. #159 - FINANCE DIRECTOR FORWARD FREE CASH APPROPRIATIONS TO COUNCIL Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Finance Director compile a list of all appropriations requested from Free Cash for Fiscal Year 2002, broken down by Department, and forwarded to the City Council. #160 - GOVERNMENT SERVICES COMMITTEE MEET REGARDING RESIDENT STICKER PARKING ON SUMMER STREET Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the request for Resident Sticker Parking on Summer Street be referred to the Committee on Government Services for review. #161 - COBBLESTONE CROSSWALKS ON CHESTNUT STREET Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Director of Public Works pursue creating two crosswalks on Chestnut Street by exposing the cobblestones beneath. #162 - GOVERNMENT SERVICES COMMITTEE MEET REGARDING NO PARKING SIGNS ON JEFFERSON AVENUE Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Police Traffic Division place "No Parking Tow Zone" signs on Jefferson Avenue, easterly side, and that the matter be referred to the Committee on Government Services for review. #153 - RAISE IRISH FLAG AT RILEY PLAZA FOR ST. PATRICK'S DAY 370 CITY OF SALEM FEBRUARY 28, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Superintendent of the Park and Recreation Department raise the Irish Flag at Riley Plaza on the week prior to March 17t", and on March 17t" Councillor O'Leary assumed the Chair for President Flynn. #164 - COMMUNITY DEVELOPMENT COMMITTEE MEET REGARDING THE SALEM NOISE ORDINANCE Councillor Flynn introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development meet with the Salem Police department and the City Solicitor to revamp and revise the Salem Noise Ordinance. Council President Flynn resumed the Chair. #165 - FINANCIAL REPORT FOR JANUARY 31, 2002 Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the financial Report dated January 31, 2002 be received and placed on file. #166 - (#44) - ORDINANCE AMENDING MOORING FEES 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 an Ordinance amending fees for mooring and slip permits has considered said matter and would recommend that this matter be referred back to the City Council with no recommendation. Councillor Bencal amended as follows: 1. Non residents from $5.00 to $6.00 2. Residents remain at $1.00 3. Non resident slip fees $2.00 4. Resident slip fee at $1.00. and add the following language: "For the purposes of this section, the boat registration shall be the sole determinant of residency." CITY OF SALEM 371 FEBRUARY 28, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor Lovely amended to raise residents from $1.00 to $1.50 for moorings and slips. The amendment was so voted by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Bencal, Chuber, DeToma, Furey, Lovely, O'Keefe, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Leary were recorded as voting in the negative. Councillor Bencal's amendment, as amended by Councillor Lovely, was adopted by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Bencal, Chuber, DeToma, Furey, Lovely, O'Keefe, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Leary were recorded as voting in the negative. The Ordinance was adopted for first passage as amended. Councillor O'Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Ordinance shall now read as follows: In the year two thousand and two An Ordinance to amend an Ordinance relative to Fees for Mooring Permits. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 10, Section 10-24 of the Salem Code of Ordinances is hereby amended by deleting (1), (2) and (3) under subsection (d) and inserting in place thereof the following: (1) Fee for nonresident mooring, $6.00 per foot (2) Fee for resident Mooring, $1.50 per foot (3) Fee for nonresident slip fee $2.00 per foot (4) Fee for resident slip fee $1.50 per foot For the purpose of this section, the boat registration shall be the sole determinant for residency. Section 2. This Ordinance shall take effect as provided by City Charter. #167 - (#765 of 2001) - ORDINANCE AMENDING SOLID WASTE MANAGEMENT, SALEM TRANSFER STATION USE BY NON-RESIDENTS 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 second and final passage by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Bencal, Chuber, DeToma, Furey, Harvey, O'Keefe, O'Leary, and 372 CITY OF SALEM FEBRUARY 28, 2002 REGULAR MEETING OF THE CITY COUNCIL Flynn were recorded as voting in the affirmative. Councillors Driscoll, Lovely, and Sargent were recorded as voting in the negative. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of second passage of an Ordinance to amend an Ordinance pertaining to Solid Waste Management has considered said matter and would recommend the Ordinance be adopted for second passage. #168 - GRANTING 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. 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 Salem Little League, May 4 th & 5 th , 2002 Salem Little League, June 15 th & 16 th , 2002 TAXI OPERATOR Zahra Bagheri, 7 Liberty Sq., Lynn Ed Beardsell, 98 Newbury St, Danvers Radhames Bueno, 10 Peabody St., Salem Miguel Castro, 76 Palmer St., Salem Anthony Dilanni, 20 Sohier Rd., Beverly Dennis Giannias, 50 Sabion Farm Rd., Peabody Bell Lane, 5 Dyer Ct., Danvers Kevin Legere, 21 Barrett Ct., Lynn Mike Marcinkowski, 193 North St., Salem Francisco Marte, 27 Union Ct., Lynn Joel McClendon, 189 Pleasant St., Marblehead Betsy McNaught, 98 Newbury St., Danvers Christie Richie, 117 Lafayette St., Salem Ike P. Silverhardt, 29 Broadway, Beverly Justavo Valencia, 832 Summer St., Lynn Edward Wawrzynowski, 9 Dreeme St., Saugus CITY OF SALEM 373 FEBRUARY 28, 2002 REGULAR MEETING OF THE CITY COUNCIL LIMOUSINE Road House Limousine, 107 Boston St., (1) #169 - (#113) - (#114) - USE OF SALEM COMMON FOR WEDDINGS 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 the matter of granting requests to use the Salem Common for the weddings of Francis Arvilla on May 24, 2002 and Lesley Andrews on April 6, 2002, has considered said matter and would recommend approval. #170 - (#512 of 2001) - ORDINANCE INCREASING ELECTRICAL 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 amending electrical fees and inspections has considered said matter and would recommend that the Ordinance be adopted for first passage. #171 - (#78) -APPR. DEPARTMENTAL SALARY ACCOUNTS FOR A.F.S.C.M.E. SALARIES Councillor Lovely 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 A.F.S.C.M.E. contract appropriation of$227,220.00 from Free Cash to fund said contracts has considered said matter and would recommend approval. #172 - SCHOOL DEPARTMENT FINANCIAL REPORT Councillor Lovely 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 financial report of the School Department has considered said matter and would recommend that a request is sent to the School Committee to request Business 374 CITY OF SALEM FEBRUARY 28, 2002 REGULAR MEETING OF THE CITY COUNCIL Manager Paula Field to forward monthly finance reports to the City Council Finance Committee to the end of fiscal year 2002, and quarterly reports thereafter. #173 - (#728) - ENFORCEMENT OF NOISE ORDINANCE. Councillor Sargent 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 an the matter of a baseline for enforcement of the Noise Ordinance has considered said matter and would recommend that the matter be referred to the Committee on Ordinances, Licenses, and Legal Affairs. #174 - SOLICITOR SUBMITTING PROPOSED ORDINANCE ESTABLISHING A DROUGHT MANAGEMENT PLAN FOR CITY OF SALEM A communication from City Solicitor John D. Keenan, submitting a proposed Ordinance pertaining to a Drought Management Plan for the City of Salem was referred to the Committee on Public Health, Safety and the Environment. #175 - USE OF SALEM COMMON BY JEWISH FEDERATION OF THE NORTH SHORE The request of the Jewish Federation of the North shore to use the Salem Common has been withdrawn. #176 -#177 - LICENSE APPLICATIONS The following License applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. TAG DAY S.H.S. Baseball Boosters, April 13 and June 1, 2002 TAXI OPERATOR Israel Ortiz Aponte, 20 Huss Ct., Lynn Carlos M. Diaz, 40 Harbor St., Salem Roberto Disla, 52 Peabody St., Salem Guillermo Javier, 8 Prince Street, Salem Russell Shafer, 8 Dana Road, Peabody #178 -#179 - DRAINLAYER/CONTRACT OPERATOR LICENSE CITY OF SALEM 375 FEBRUARY 28, 2002 REGULAR MEETING OF THE CITY COUNCIL The following Drainlayer and Contract Operator License was granted. North Shore Construction, Inc., 19 Elmo Lane, Gloucester #180 -#182 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Rosemary T. Kosek-Fritz, 16 Dearborn Street Atty. Carol a. Perry for Alice Williams, 15 Front Street, Salem Atty. Bruce N. Sachar for Virginia Kirkpatrick, 60 Lewis Street, Lynn #183 - DRAINLAYER BOND The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. North Shore Construction, Inc., 19 Elmo Lane, Gloucester (#42) - ORDINANCE ESTABLISHING THE POSITION AND SALARY OF POSITION OF G.I.S. ADMINISTRATOR The matter of second and final passage of an Ordinance establishing the position and salary of the G.I.S. Administrator, was then taken up. Councillor Bencal moved that the matter be referred back to the Committee on Administration and Finance. The motion was defeated. Councillor O'Keefe moved that the Ordinance be adopted for second and final passage. It was so voted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Chuber, DeToma, Driscoll, Furey, Lovely, O'Keefe, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Bencal, Harvey, and O'Leary were recorded as voting in the negative. Councillor O'Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. On the motion of Councillor Chuber, the meeting adjourned at 9.15 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK