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MINUTES - Regular - 5/9/2002 CITY OF SALEM 439 MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 9, 2002 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 3, 2002 at 8.20 a.m. Councillor O'Leary was absent. Council President Regina R. Flynn presided. Councillor Driscoll moved to dispense with the reading of the record of the previous meeting. It was so voted. Councillor Bencal requested a moment of silence for Mr. Sam Papalardo, former member of the Licensing Board, who passed away. #342 -APPT. WILLIAM I. MERRILL AS ASST. DIRECTOR OF PUBLIC SERVICES The Mayor's appointment of William I. Merrill to serve as Assistant Director of Public Services for a term to expire January 31, 2003, was held until the next meeting under the rules. #343 - REAPPT. CONSTABLE The Mayor's reappointment of Donald Lombardi to serve as a Constable for a term to expire May 30, 2003, was received and filed. #344 -APPR. FINANCE DIRECTOR PROFESSIONAL SERVICES The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Finance - Professional Services" Account in accordance with His Honor the Mayor. #345 -APPR. PARKING GARAGE ELECTRICITY The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. 440 CITY OF SALEM MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Twenty-three Thousand Dollars ($23,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Parking Garage - Electricity" Account in accordance with His Honor the Mayor. #346 - TRANS. MAYOR PART TIME SALARIES The following Order, recommended by the Mayor, was adopted. ORDERED: That the sum of Two Thousand Three Hundred Seventy Dollars ($2,370.00) is hereby transferred from the "Mayor - Community Events" Account to the "Mayor - Part-time Salaries" Account in accordance with the recommendation of His Honor the Mayor. #347 -APPR. FIRE DEPARTMENT RETIREMENT ANTICIPATION The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Lovely requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty Thousand Eight Hundred Fifty-One Dollars and twenty cents ($20,851.20) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Fire Department - Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #348 -VETERANS LEASES FOR VETERANS HEADQUARTERS A communication was received from the Mayor after the deadline of Tuesday Noon, submitting various leases for Veterans Organizations for the period of July 1, 2002 through June 30, 2003. Councillor Lovely requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. The leases were adopted. #349 - ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, ADD TO NORTH STREET ONE HOUR PARKING "MONDAY THROUGH FRIDAY" CITY OF SALEM 441 MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor Bencal 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, 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 adding the following to North Street, (1) hour parking: "Monday through Friday" Section 2. This Ordinance shall take effect as provided by City Charter. #350 - GOVERNMENT SERVICES DISCUSS VEHICULAR TRAFFIC ON ESSEX STREET MALL Councillor Chuber, in conjunction with Councillor DeToma, introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet to discuss unauthorized vehicular traffic on the Essex Street pedestrian mall and that the Salem Police Traffic Division, Parking Department Director, Salem Chamber of Commerce, Salem Main Streets, Historic Derby Neighborhood Association, Central Street Condo Association, and Essex Street Condos be invited. #351 - COMMITTEE OF THE WHOLE MEET TO DISCUSS AN 18 HOLE GOLF COURSE. Councillor Furey, in conjunction with Councillor O'Keefe, introduced the following Order, which was adopted. ORDERED: That the Committee of the Whole meet with Mr. Larry McIntire, Superintendent of Park and Recreation, Park Commission, Friends of Salem Woods, abutters and the Conservation Commission to discuss the possibility and concept of an eighteen (18) hole golf course. #352 - GOVERNMENT SERVICES DISCUSS CHARGING NON-RESIDENTS FOR PARKING AT GARAGES ON WEEKENDS 442 CITY OF SALEM MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Parking Board, Parking Director, Police Traffic Division, Mayor or his Chief of Staff and Tim Jenkins be invited to meet with the Committee on Government Services to discuss the feasibility of charging non-residents for Parking Garages on weekends from each year May until November #353 - RESOLUTION FOR JENNIFER CASCO, DIRECTOR AT S.A.T.V. Councillor DeToma introduced the following Order, which was adopted. RESOLUTION WHEREAS: Jennifer Casco has served this community well in many ways during the past six years through her employment with Salem Access Television and serving as Executive Director, and has significantly contributed to the organization and membership, and assisted many non-profits, neighborhood groups and various departments of city government; and WHEREAS: Jennifer Casco has distinguished herself as a talented and knowledgeable professional, who possesses the personal qualities of intelligence, sincerity and integrity, that will make her a invaluable asset to her future community and employer; and WHEREAS: Jennifer Casco has earned the highest regard and respect of the SATV membership and Board of Directors, due to her professionalism, cooperation, and dedicated service and leadership, which resulted in a great contribution to the City of Salem; and WHEREAS: Jennifer Casco's tireless efforts and long hours, her love of Salem Access Television and the City of Salem, has set an example for all to emulate. NOW, THEREFORE, BE IT RESOLVED That the Salem City Council, on behalf of the residents of the City of Salem, extend our appreciation and thanks to Jennifer Casco for her many dedicated years of service to the City of Salem, and we wish Jennifer continued health, happiness, prosperity, and success in all her future endeavors. #354 - GOVERNMENT SERVICES DISCUSS SHORT-TERM PARKING ON ESSEX STREET BETWEEN SUMMER AND WASHINGTON STREETS CITY OF SALEM 443 MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Parking Director, Parking Board, Police Traffic Division, Mayor and or his Chief of Staff be invited to meet with the Committee on Government Services to discuss creating short term (30 minute) parking on the right side of Essex Street from Summer Street to Washington Street. Councillor Lovely assumed the Chair for President Flynn. #355 - PLANNER AND POLICE TRAFFIC UPDATE TRAFFIC STUDY TO ADDRESS THE MUSEUM EXPANSION Councillor Flynn introduced the following Order, which was adopted. ORDERED: That the Planning Department, in concert with the Police Traffic Division, update the Downtown Transportation Study that was completed before construction began on the Peabody Essex Museum, realizing the impact of the reconfiguration of the by-pass road, and the completion of the Peabody Essex Museum. President Flynn resumed the Chair. #356 - LETTER FROM SALEM MAIN STREET PROGRAM REGARDING PARKING VIOLATION FINES Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the letter from Mark Meche, President of the Salem Main Streets Initiative regarding parking violation fines to $10.00 be received and placed on file. #357 - FISCAL YEAR 2003 BUDGET EXECUTIVE SUMMARY Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the City of Salem Fiscal Year 2003 Executive Summary be received and placed on file. #358 - GRANTING CERTAIN LICENSES 444 CITY OF SALEM MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL 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. TAXI O P E RATO R Peter Jermyn, 233 Lafayette Street, Salem SECOND HAND CLOTHING Twice in a Blue Moon, 94 Boston Street #359 - (#330) - USE OF ESSEX STREET MALL BY RED HERRING MORRIS DANCE TOUR 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 the use of the Essex Street Mall has considered said matter and would recommend that the following be granted. Red Herring Morris Dance Tour, to perform on May 11, 2002 from 2.00 P.M. to 3.30 P.M. #360 - (#269) - FUTURE OF MARKET AREA 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 the future of the Market area, has considered said matter and would recommend that the committee meet within sixty (60) days with the City Engineer, Building Inspector, Planning Department, renters of the Market Stalls, Condominium abutters, and the Market and Tourist Commission to discuss the ongoing maintenance and clean-up that should be taking place during this period. #361 - (#229) - USE OF TRANSFER STATION BY RESIDENTS CITY OF SALEM 445 MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL 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 the Salem Transfer Station has considered said matter and would recommend that a Citizens Advisory Board meet monthly, consisting of the City Solicitor, City Engineer, Ward 3 and Ward 7 Councillors, Health Agent, three citizens, Mark Burns, George Gibbons, and Dennis Colbert to discuss concerns and issues with the Salem Transfer Station. #362 - (#308) - C.D.B.G. APPLICATION FOR FISCAL YEAR 2003 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. Councillor Bencal was recorded as voting "present". The Committee on Community and Economic Development to whom was referred the Community Development Block Grant application for 2003 and the action plan has considered said matter and would recommend approval. #363 - INFLAMMABLE 440 HIGHLAND AVENUE FOR WALMART A communication from Walmart to store inflammables at 440 Highland Avenue was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #364 - POLE LOCATIONS ON COMMERCIAL STREET A hearing was ordered for May 23, 2002 on the petition of Massachusetts Electric Company for two pole locations on Commercial Street. #365 - USE OF SALEM COMMON FOR RABIES/MICROCHIP CLINIC The request of the Animal Rescue League to use the Salem Common for a Rabies/Microchip Clinic on June 8, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #366 - USE OF SALEM COMMON FOR WEDDING The request of Katrin Klein to use the Salem Common for a wedding on August 23, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. 446 CITY OF SALEM MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL #367 - USE OF SALEM COMMON FOR WEDDING The request of Julie Jigarjian to use the Salem Common for a wedding on May 10, 2003, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #368 - BLOCK PARTY ON PURITAN ROAD The request of the residents of Puritan Road to hold a Block Party on August 3, 2002, with a raindate of August 10, 2002, was granted. #369 -#371 - TAG DAY APPLICATIONS The following Tag Day applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. S.H.S. Boys Soccer Team, September 14, and October 27, 2002 S.H.S. Football Boosters, September 28, and October 26, 2002 Knights of Columbus, October 10, 11, 12, and 13, 2002 #372 -#373 - DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS The following Drainlayer/Contract Operator license application was granted. ENPRO Services, Inc., 12 Mulliken Way, Newburyport #374 - DRAINLAYER BOND The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. ENPRO Services, Inc., 12 Mulliken Way, Newburyport (#481A of 2001) - ORDINANCE AMENDING TRAFFIC, SECTION 17A, SCHEDULE OF FINES Councillor Harvey moved reconsideration of the vote taken on April 25, 2002, relative to second passage of an Ordinance amending Traffic, Section 17A, Schedule of fines. Reconsideration was defeated by a roll call vote of 4 yeas, 6 nays, 1 absent. Councillors Furey, Harvey, Lovely, and Flynn were recorded as voting in the CITY OF SALEM 447 MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL affirmative. Councillors Bencal, Chuber, DeToma, Driscoll, O'Keefe, and Sargent were recorded as voting in the negative. (#277) - SECOND PASSAGE, ORDINANCE AMENDING TRAFFIC, PROHIBITED MOVEMENTS, LAFAYETTE STREET AND WASHINGTON STREET The matter of second and final passage of an Ordinance amending Traffic, Section 49A, Prohibited Movements on Lafayette Street and Washington Street, was then taken up. The Ordinance was adopted for second and final passage. (#319) - SECOND PASSAGE, ORDINANCE AMENDING TRAFFIC, THIRTY MINUTE PARKING ON WASHINGTON STREET The matter of second and final passage of an Ordinance amending Traffic, Section 51 B, thirty minute parking on Washington Street, was then taken up. The Ordinance was adopted for second and final passage. (#311) - SECOND PASSAGE, ORDINANCE AMENDING TRAFFIC, PROHIBIT HEAVY VEHICLES ON FRANKLIN STREET AND MOULTON AVE, AND HANDICAP PARKING ON DUNLAP STREET The matter of second and final passage of an Ordinance amending Traffic, Section 45, prohibiting Heavy Commercial Vehicles on Franklin Street and Moulton Avenue, and Section 50A, Handicap Parking on Dunlap Street, was then taken up. Councillor Bencal moved to divide the question. It was so voted. The matter of heavy vehicles prohibited on Franklin Street and Moulton Avenue was referred to the Committee on Ordinances, Licenses, and Legal Affairs. The matter of handicap parking on Dunlap Street was adopted for second and final passage. (#88) - ORDINANCE RELATIVE TO ADVERTISING OF APPOINTMENTS OF CERTAIN OFFICERS The matter of second and final passage of an Ordinance amending the Salem Code of Ordinances relative to the advertising of certain appointments, was then taken up. Councillor Driscoll moved that the matter be tabled. It was so voted. 448 CITY OF SALEM MAY 9, 2002 REGULAR MEETING OF THE CITY COUNCIL On the motion of Councillor Driscoll, the meeting adjourned at 8.15 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK