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MINUTES - Regular - 3/14/2002 CITY OF SALEM 377 MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 14, 2002 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 8, 2002 at 11.18 A.M. Councillor DeToma was absent. Council President Regina R. Flynn presided. Councillor O'Leary moved to dispense with the reading of the record of the previous meeting. It was so voted. President Flynn requested that everyone please rise to recite the Pledge of Allegiance. Councillor Bencal requested and received unanimous consent to suspend the rules, and take up Motions, Orders, and Resolutions. #191 - RESOLUTION HONORING SALEM HIGH SCHOOL HOCKEY TEAM Councillor Bencal introduced the following resolution, which was adopted. RESOLUTION: WHEREAS: The 2001-2002 Salem High school hockey team achieved the best won- loss record in the history of the school; and WHEREAS: This team went to the state high school hockey playoffs for the first time in the history of Salem High School; and WHEREAS: This team, against all odds, won the first hockey playoff game in the history of Salem High School, through sheer effort and determination. NOW, THEREFORE BE IT RESOLVED: That the Salem City Council on behalf of the entire City applauds and commends the 2001-2001 Salem High School Hockey team on its successes and achievements and makes this resolution a matter of record in these proceedings. Councillor Bencal moved to return to the regular order of business. It was so voted. #184 -#187 -APPT. CONSTABLES 378 CITY OF SALEM MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL The Mayor's appointment of the following Constables for terms as designated, was received and filed. Ronald Bertheim, 45 Woodbury Avenue, Methuen, expire March 31, 2003 Demetrios Lambrenos, 20 Central Street, Peabody, expire March 26, 2005 Gail E. Penney, 15 Myrtle Street, Beverly, expire March 30, 2005 Pablo Valdez, 39 Prince Street, Salem, expires March 31, 2005 #188 -APPR. CEMETERY BURIAL The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Eleven Thousand Seven Hundred Dollars ($11,700.00) is hereby appropriated from the "Receipts Reserved - Cemetery - Sale of Lots" Account to the "Cemetery - Burial" Account in accordance with the recommendation of His Honor the Mayor. #189 -APPR. CEMETERY RENTAL & LEASE The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Ten Thousand Fifty Dollars ($10,050.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Cemetery-Shade Tree - Rental and Lease" Account in accordance with the recommendation of His Honor the Mayor. #190 -APPR. CEMETERY TELEPHONE The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Thousand Dollars ($1,000.00) is hereby appropriated from the "Receipts Reserved - Cemetery - Sale of Lots" Account to the "Cemetery - Telephone" Account in accordance with the recommendation of His Honor the Mayor. #192 - ORDINANCE, TRAFFIC, PARKING PROHIBITED (DELETE) OAK STREET AND ADD NORTH STREET Councillor Bencal introduced the following Ordinance, which was adopted for first passage. CITY OF SALEM 379 MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL In the year two thousand and two An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 51 B, is hereby amended by deleting the following: Oak Street, both sides, parking prohibited Monday through Friday, 8.00 a.m. to 6.00 p.m. Section 2. Chapter 42, Section 51 B, is hereby amended by adding the following: North Street, southbound from Mason Street to the driveway at #87 North Street, on the westerly side. One (1) hour parking, 7.00 a.m. to 7.00 p.m." Section 3. This Ordinance shall take effect as provided by City Charter. #193 - ORDINANCE, TRAFFIC, SERVICE ZONE FORT AVENUE, AND PARKING PROHIBITED LAFAYETTE STREET In the year two thousand and two An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited and Service zone Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 13, Service Zone, is hereby amended by adding the following: "Fort Avenue, in front of the business at #153 Fort Avenue for a distance of twenty (20) feet. Service Zone" Section 2. Chapter 42, Section 51 B, is hereby amended by adding the following: "Lafayette Street, northbound on the easterly side from the driveway to St. Joseph's Parking Lot to Harbor Street, "No Parking 8.00 A.M. to 12.00 Noon, Monday Through Saturday, Tow Zone" Funerals allowed." Section 3. This Ordinance shall take effect as provided by City Charter. 380 CITY OF SALEM MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL #194 - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, HOWARD ST. & BOSTON ST. Councillor O'Leary, in conjunction with Councillor Flynn, introduced the following Ordinance, which was adopted for first passage. In the year two thousand and two 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, is hereby amended by adding the following: "Howard Street, in front of#2, for a distance of twenty (20) feet, Handicap Parking, Tow Zone" "Boston Street, in front of#36, for a distance of twenty (20) feet, Handicap Parking, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #195 - ORDINANCE ESTABLISHING PROCEDURE FOR 60-DAY APPOINTMENTS BY THE MAYOR, AND DEFEAT OF COUNCIL CONFIRMATION. Councillor Harvey introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand and two An Ordinance to amend an Ordinance relative to the appointment of Department Heads, Officers, and employees Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Administration, Article 111, Division 1, is hereby amended by adding the following: Section 2-208.1 Confirmation of appointments by City Council; Temporary Appointments by the Mayor to fill vacancies Notwithstanding the provisions of any special law or ordinance to the contrary, the provisions of this section shall apply only to the Mayor's appointment of officers, CITY OF SALEM 381 MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL employees, and department heads in the City of Salem, whose appointment or reappointment requires confirmation by the City Council, in accordance with established Ordinances. (a) The Mayor may appoint, without confirmation of the City Council, a temporary officer, employee, or department head, to hold such office and exercise the powers and perform the duties thereof, until another is duly elected or appointed and has qualified by law. Under no circumstances, shall any temporary officer, employee, or department head be appointed under the provisions of this section for a period longer than sixty days, No later than sixty days following the Mayor's temporary appointment, the Mayor shall submit to the City Council for confirmation, the name of a qualified candidate to serve as the permanent replacement for said temporary officer, employee, or department head. Nothing in this section shall prevent the Mayor from submitting the name of the temporary officer, employee, or department head to the City Council for permanent appointment and confirmation. (b) In the event that the Mayor's appointment or reappointment of an officer, employee, or department head is not confirmed by the members of the City Council, such that the candidate for the position failed to obtain the necessary majority vote of the City Council for confirmation, the appointment shall be deemed defeated, and the individual shall not serve in the position as proposed by the Mayor, either permanently or temporarily. (c) The provisions of Massachusetts General Laws, Chapter 41 Section 61A, shall also apply in addition to the above sections. Section 2. This Ordinance shall take effect as provided by City Charter. #196 - PAPER STREET BETWEEN CLOVERDALE & SPRINSIDE BE NAMED PORCELLO LANE Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the paper street located between Cloverdale Avenue and Springside Avenue be named Porcello Lane. #197 - SCHOOL DEPARTMENT BUDGET REPORT Councillor Lovely introduced the following Order, which was adopted. 382 CITY OF SALEM MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL ORDERED: that the attached School Department Budget report for January, FY 02 be received and placed on file. #198 - GOVERNMENT SERVICES MEET WITH D.P.W. REGARDING SIDEWALKS AND CHAPTER 90 FUNDS Councillor Driscoll, in conjunction with all the members of the City Council, submitted the following Order. ORDERED: That representatives from the Department of Public Works meet with the Committee on Government Services to discuss the status of sidewalk repair projects and review the proposed sidewalk repair project list for 2002. Councillor Lovely amended that the D.P.W. Director submit an accounting for funds for the last fiscal year, the current fiscal year, and a schedule of projected funds and projects for the next fiscal year. The amendment was adopted. The Order was adopted as amended so that it shall now read as follows: ORDERED: That representatives from the Department of Public Works meet with the Committee on Government Services to discuss the status of sidewalk repair projects and review the proposed sidewalk repair project list for 2002. AND BE IT FURTHER ORDERED: That the D.P.W. Director submit an accounting for funds for the last fiscal year, the current fiscal year, and a schedule of projected funds and projects for the next fiscal year. #199 - (#115) - USE OF SALEM COMMON BY PHOENIX SCHOOL FOR FUN-RUN 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 the request from the Phoenix School to hold a Fun Run on April 6, 2002, has considered said matter and would recommend approval. #200 - 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. CITY OF SALEM 383 MARCH 14, 2002 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. Baseball Boosters, April 13 and June 1, 2002 TAXI OPERATOR Isael Ortiz Aponote, 20 Huss Ct., Lynn Carlos M. Diaz, 40 Harbor St., Salem Guillermo Javier, 8 Prince St., Salem Russell Shafer, 8 Dana Rd., Peabody #201 - (#87) - ONE WAY TRAFFIC ON FLINT STREET Councillor Furey 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 the matter of holding a public hearing to discuss one-way traffic on Flint Street, has considered said matter and would recommend that the Police Department do a traffic count on Flint Street to study the possibility of Flint Street being one-way, and for the Police Department to report back in six weeks to the Committee on Government Services with the results. #202 - (#153) -APPR. PUBLIC PROPERTY TELEPHONE 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 an appropriation of$22,000.00 from Free Cash to Public Property Telephone Account has considered said matter and would recommend approval. #203 - (#154) -APPR. PUBLIC PROPERTY ELECTRICITY 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 an appropriation of$13,600.00 from Free Cash to Public Property Electricity Account has considered said matter and would recommend approval. 384 CITY OF SALEM MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL #204 - (#174) - ORDINANCE ESTABLISHING WATER BAN/DROUGHT MANAGEMENTPROGRAM Councillor Harvey offered the following report for the Committee on Public Health, Safety and the Environment. It was voted to accept the report and adopt the recommendation. The Committee on Public Health, Safety and the Environment to whom was referred the matter of a proposed Ordinance relative to establishing a Drought Management Program has considered said matter and would recommend that the following Ordinance be adopted for first and second passage this evening. #204A - ORDINANCE - DROUGHT MANAGEMENT PLAN Councillor Harvey moved that the Ordinance be adopted for first passage by a roll call vote. The motion was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, Driscoll, Furey, Harvey, Lovely, O'Keefe, O'Leary, and Sargent were recorded as voting in the affirmative. Councillor DeToma was absent. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Harvey moved that the following emergency preamble be adopted by roll call vote. Preamble: "Whereas the purpose of this ordinance is to protect, preserve and maintain the public health, safety and welfare whenever there is in force, a State of Water Supply Conservation, or State of Water supply Emergency, by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by Salem or the D.E.P." The Preamble was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, Driscoll, Furey, Harvey, Lovely, O'Keefe, O'Leary, and Sargent were recorded as voting in the affirmative. Councillor DeToma was absent. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Harvey moved that the Ordinance be adopted for second and final passage under the provisions of Massachusetts General Laws Chapter 43, Sections 20 and 22, and Sections 20 and 22 of the City of Salem Charter, by roll call vote. The Ordinance was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, Driscoll, Furey, Harvey, Lovely, O'Keefe, O'Leary, and Sargent were recorded as voting in the affirmative. Councillor DeToma was absent. CITY OF SALEM 385 MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Ordinance shall read as follows: In the year two thousand and two An Ordinance to amend an Ordinance relative to the establishment of a Drought Management Plan Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 46, Water and Sewers, Article II, is hereby amended by adding the following new section: Sec. 46-38. Water Management Plan & Use Restriction (a) Authority. This ordinance is adopted by the City of Salem ("Salem") under its police powers to protect public health and welfare and its powers under Mass. Gen. L. c. 40, §§ 21 et seq. and implements Salem's authority to regulate water use pursuant to Mass. Gen. L. c. 41, §69B. This ordinance also implements Salem's authority under Mass. Gen. L. c. 40, §41A, conditioned upon a declaration of water supply emergency issued by the Department of Environmental Protection ("DEP"). (b) Purpose. The purpose of this ordinance is to protect, preserve and maintain the public health, safety and welfare whenever there is in force a State of Water Supply Conservation or State of Water Supply Emergency by providing for enforcement of any duly imposed restrictions, requirements, provisions or conditions imposed by Salem or the DEP. (c) Definitions. Person shall mean any individual, corporation, trust, partnership or association, or other entity. State of Water Supply Emergency shall mean a State Water Supply Emergency declared by DEP under Mass. Gen. L. c. 21 G, §§ 1 5-17. State of Water Supply Conservation shall mean a State of Water Supply Conservation declared by Salem pursuant to section d of this ordinance. 386 CITY OF SALEM MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL Water Users or Water Consumers shall mean all public and private users of Salem's public water system, irrespective of any person's responsibility for billing purposes for water used at any particular facility. (d) Declaration of a State of Water Supply Conservation. Salem, through its Director of Public Services, may declare a State of Water Supply Conservation upon a determination that a shortage of water exists and conservation measures are appropriate to ensure an adequate supply of water to all consumers. Public notice of a State of Water Supply Conservation shall be given under section f of this ordinance before it may be enforced. (e) Restricted Water Uses. A declaration of a State of Water Supply Conservation shall include, but is not limited to, one or more of the following restrictions, conditions or requirements limiting the use of water as necessary to protect the water supply. The applicable restrictions, conditions or requirements shall be delineated in detail and included in the public notice required under section f. I . OddlEven Day Outdoor Watering. Outdoor watering by water users with odd numbered addresses is restricted to odd numbered days. Outdoor watering by water users with even numbered addresses is restricted to even numbered days. 2. Outdoor Watering Ban. All outdoor watering is prohibited. 3. Outdoor Watering Hours. Outdoor watering hours are permitted only during daily periods of low demand, to be specified in the declaration of a State of Water Supply Conservation and public notice thereof. 4. Filling Swimming Pools. Filling of swimming pools is prohibited. 5. Automatic Sprinkler Use. The use of automatic sprinkler systems is prohibited. 6. Other restrictions deemed necessary and appropriate by the Director. (f) Public Notification of a State of Water Supply Conservation: Notification of DEP. Notification of any provision, restriction, requirement or condition imposed by Salem as part of a State-of Water Supply Conservation shall be published at least once in a newspaper of general circulation within Salem, or by such other means reasonably CITY OF SALEM 387 MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL calculated to reach and inform all users of water of the State of Water Supply Conservation. Any restrictions imposed under section a shall not be effective until such notification is provided. Notification of the State of Water Supply Conservation shall also simultaneously be provided to DEP. Notification of condition shall also be posted via appropriate signage on each of the entrance corridors to the city: Boston, Bridge Street, Canal Street, North Street, Harmony Grove, Highland Avenue, Loring Avenue and Lafayette Street. Signage shall indicate "Water Conservation Alert." (g) Termination of a State of Water Supply Conservation: Notice. A State of Water Supply Conservation may be terminated by Salem through its Director of Public Services upon a determination that the water supply shortage no longer exists. Public notification of the termination of the State of Water Supply Conservation shall be given in the same manner as required by section f. (h) State of Water Supply Emergency: Compliance with DEP Orders. Upon notification to the public that a declaration of a State of Water Supply Emergency has been issued by DEP, no person shall violate any provision, restriction, requirement, condition of any order approved or issued by DEP intended to bring about an end to the State of Emergency. (i) Penalties. Any person violating this ordinance shall be liable to Salem in the amount of$50.00 for the first violation, $150.00 for a second violation. Third or subsequent violations will be fined $300 and/or may result in that person's water being shut-off. Fines shall be recovered by indictment, or on complaint before the Salem District Court, or by noncriminal disposition in accordance with Mass. Gen. L. c. 40, § 21 D. Each day of violation shall constitute a separate offense. Severability. The invalidity of any portion or provision of this bylaw shall not invalidate any other portion or provision thereof. Section 2. This Ordinance shall take effect as provided by City Charter. #205 -#208- USE OF SALEM COMMON The following requests to use the Salem Common for various activities, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. Independent Living Center for Walk-a-thou on May 18, 2002 Paula Pienkowski for a Wedding on May 26, 2002 388 CITY OF SALEM MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL Salem Common Neighborhood Association for Summer Concerts on Various dates Salem Mission/Crombie Street Church for Community Event on July 27, 2002 #209 -#214 - LICENSE APPLICATIONS The following License applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. TAG DAY S.H.S. Girls Track Team, March 30, 2002 Veterans of Foreign Wars, Post 1524 TAXI OPERATOR James Dalferro, 10 Peach Highlands, Marblehead John G. Mealey, 30 Grant Street, Beverly PUBLIC GUIDE Jeremy M. McKeen, 74 Essex Street, Salem SEAWORMS Eovaldo Costa, 9 Elm Street, Peabody Victor Macedo, 9 Elm Street, Peabody #215 - CLAIMS The following Claim was referred to the Committee on Ordinances, Licenses, and Legal Affairs. Frank J. Clark, 56 Kenneth Road, Marblehead #216 -#218 - BONDS The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. CONSTABLE Ronald Bertheim, 45 Newbury Avenue, Methuen Demetrios Lambrenos, 20 Central St., Peabody Gail E. Penney, 15 Myrtle Street, Beverly (#512) - SECOND PASSAGE - ORDINANCE AMENDING ELECTRICAL FEES CITY OF SALEM 389 MARCH 14, 2002 REGULAR MEETING OF THE CITY COUNCIL The matter of second and final passage of an Ordinance amending Electrical Fees and inspections, was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Bencal, Chuber, Driscoll, 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 DeToma was absent. (#44) - SECOND PASSAGE - ORDINANCE AMENDING MOORING FEES The matter of second and final passage of an Ordinance amending Mooring Fees, was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Bencal, Chuber, Driscoll, 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 DeToma was absent. On the motion of Councillor O'Keefe, the meeting adjourned at 8.00 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK