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MINUTES - Regular - 5/23/2002 CITY OF SALEM 449 MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 23, 2002 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 17, 2002 at 8.39 A.M. Councillor O'Keefe was absent. Council President Regina R. Flynn presided. Councillor Lovely 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. #375 - MASS. ELECTRIC COMPANY POLE LOCATION ON COMMERCIAL STREET A hearing was held on the Order of Massachusetts Electric Company for two pole locations on Commercial Street. Appearing in favor was a representative of Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor Bencal moved approval. It was so voted. (#342) -APPT. WILLIAM MERRILL, ASST. DIRECTOR OF PUBLIC SERVICES The Mayor's appointment of William I. Merrill as Assistant Director of Public Services for a term to expire January 31, 2003, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Harvey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillor O'Keefe was absent. #376 -APPR. SOLICITOR LEGAL SERVICES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Solicitor - Legal Services" Account in accordance with the recommendation of His Honor the Mayor. #377 -APPR. SOLICITOR JUDGMENTS The following Order, recommended by the Mayor, was adopted under suspension of the rules. 450 CITY OF SALEM MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Solicitor - Judgments" Account in accordance with the recommendation of His Honor the Mayor. #378 -APPR. CEMETERY SALARIES SEASONAL LABOR Councillor Bencal left the Council Chamber due to a conflict of interest. The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the "Receipts Reserved - Cemetery - Sale of Vaults" Account to the "Cemetery - Salaries - Seasonal Labor" Account in accordance with the recommendation of His Honor the Mayor. Councillor Bencal returned to the Chamber. #379 -APPR. SHADE TREE SALARIES OVERTIME The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Five Thousand Five Hundred Dollars ($5,500.00) is hereby appropriated from the "Receipts Reserved - Cemetery - Perpetual Care" Account to the "Shade Tree - Salaries - Overtime" Account in accordance with the recommendation of His Honor the Mayor. #380 -ANNUAL BUDGET FOR FISCAL YEAR 2003 A communication was received from the Mayor, after the deadline of Tuesday Noon, submitting the fiscal year 2003 operating budget. Councillor Lovely requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. The Budget was referred to the Committee on Administration and Finance under the rules. #381 - SALEM/BEVERLY WATER BOARD CONSERVATION MEASURES CITY OF SALEM 451 MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL A communication from the Mayor, submitting a letter from Thomas W. Knowlton relative to community water conservation measures was received and filed. #382 - POLICE TRAFFIC CONSIDER MAKING DODGE ST. COURT AS ONE WAY Councillor Chuber introduced the following Order, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs. ORDERED: That the Salem Police Traffic Division, in consultation with the Planning Department, consider making a portion of Dodge Street Court a one-way street, commencing at New Derby Street, continuing for a block past the diagonal parking spaces at Walgreen's Drug store and ending at Dodge Street for a trial period, the length of which will be determined by past practice. #383 - CONSTRUCTION AND OPERATION OF CITY BOAT SLIPS AND MARTIME OPERATIONS Councillor Bencal introduced the following Order, which was adopted. ORDERED: That a representative from the City Council, as designated by the Council President, meet with representatives of the Park and Recreation Commission, the Harbormaster's Office, the Mayor's Office, and the boating community in order to investigate the feasibility of the City of Salem constructing and operating boat slips, as well as providing additional maritime services at a profit. #384 - NEIGHBORHOOD GROUPS BE INVITED TO BUDGET MEETINGS Councillor DeToma, in conjunction with Councillor Furey, introduced the following Order, which was adopted. ORDERED: That the Administration and Finance Committee invite representatives of the City's Neighborhood Groups and Representatives of the business Community, Salem Chamber of Commerce, and Salem Partnership to the Budget 2003 meetings. #385 - ESTABLISH A TOURIST PROMOTIONS BOARD AND ENACT A SPECIAL ACT TO ESTABLISH A PROMOTIONS FUND IN THE CITY. Councillor Driscoll introduced the following Order, which was referred to the Committee on Administration and Finance. Councillor Lovely assumed the Chair for President Flynn. President Flynn resumed the Chair. 452 CITY OF SALEM MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That a petition to the General Court, accompanied by a bill for a special law relating to the City of Salem be filed with an attested copy of this Order, be and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, with the exception that the General Court may make clerical or editorial changes of form only to the bill. Prior to enactment by the General Court, the Mayor and City Council may and hereby are authorized to approve amendments to the bill provided that said amendments are within the scope of the general public objectives of this petition. #385A -AN ACT ESTABLISHING A PROMOTIONS FUND IN THE CITY OF SALEM SECTION 1. Notwithstanding the provisions of section 53 of chapter 44 of the General Laws or any other general or special law to the contrary, the City of Salem may establish a special account to be known as the SALEM PROMOTIONS FUND into which account shall be deposited certain receipts which comprise a portion of the local room occupancy excise received annually by said city under the provisions of section 3A of chapter 64G of the General Laws as set forth in section 2, as well as any grants, gifts, or donations made to the city in furtherance of the purposes of this act. Said fund shall be maintained as a separate account in the municipal treasury. SECTION 2. For the purpose of establishing that portion of the local room occupancy excise that may be deposited in the Salem Promotions Fund, the City of Salem shall deposit, commencing in fiscal year 2003, fifty (50) per cent of all local room occupancy tax revenue received during fiscal year 2003, and the same amount in each subsequent fiscal year, unless said amount is increased by the Mayor and City Council. All interest earned from said fund shall be deposited in said Promotions Fund account. SECTION 3. There is hereby established in the City of Salem a Tourism Promotions Board, consisting of the following seven members: one member representing Destination Salem, one member representing the Salem Chamber of Commerce, one member representing the Hawthorne Hotel, one member representing Historic Salem, Inc., one member representing the Salem Partnership, one member representing an existing visitor/tourist attraction who shall be nominated by the Mayor with confirmation from the City Council, and the City of Salem City Planner, or his/her designee. If any of the organizations participating hereunder cease to exist or operate, the Mayor with confirmation from the City Council, may appoint in place of such organizations other representative organizations or individuals qualified to serve as appointees-at-large. Other vacancies shall be filled in like manner to appointment. SECTION 4. Said Tourism Promotions Board shall recommend to the Mayor and City CITY OF SALEM 453 MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL Council on an annual basis, an amount of money to be appropriated from the Salem Promotions Fund for programs and projects that improve visitor services, promotional and marketing activities and strengthen the City as an attractive center for tourism and a desirable place to live, work and shop. Annual funding recommendations of the Board shall be acted upon by the Mayor and City Council in a timely manner. The cost of such programs shall not exceed the funds available in the Salem Promotions Fund, and funding shall be allocated, as recommended by said Board. SECTION 5. Upon appropriation by the city council of the amount of money for such programs, services and other projects described pursuant to section 4, the Mayor, with the approval of the Salem Tourism Promotions Board, shall be authorized to expend from said Fund for said programs, services, and projects, and may, for the purposes of this section, designate funds to be expended under the direction of the Salem Planning Department or other municipal agency, as applicable; or obtain competitive proposals or bids for any services, programs or projects to be provided to the City by vendor contracts, and shall be exempt from the requirements of chapter 30B of the General Laws or any other applicable law governing public bidding and procurement as may apply to Board programs or projects. SECTION 6. This act shall take effect as of January 1, 2003. #386 - COMM. OF WHOLE MEET WITH P.G. & E. REGARDING THE REMEDIATION TIMETABLE Councillor Harvey introduced the following Order, which was adopted. Councillor Sargent was recorded as voting "present". ORDERED: That the management of P.G. & E., the Mayor and City Solicitor, meet with the Council Committee of the Whole to discuss their Environmental Remediation plan and timetable and any other questions the Council may have. #387 - 711 STORE NOISE AND LITTER PROBLEM AT 128 NORTH ST./AND HIGHLAND AVENUE CAR WASH Councillor Bencal introduced the following Order: ORDERED: That a representative of the Seven-Eleven Store, located at 128 North Street, as well as the landlord of this property be invited to appear before the City Council Committee on Ordinances, Licenses, and Legal Affairs to discuss noise, litter, and other problems associated with this business. 454 CITY OF SALEM MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Leary amended to include the car wash on Highland Avenue. It was so voted. The Order was adopted as amended so that it shall now read as follows: ORDERED: That a representative of the Seven-Eleven Store, located at 128 North Street, as well as the landlord of this property, and the owner of the car wash on Highland Avenue, be invited to appear before the City Council Committee on Ordinances, Licenses, and Legal Affairs to discuss noise, litter, and other problems associated with this business. #388 - GOVERNMENT SERVICES MEET TO DISCUSS IMPLEMENTATION OF SURVEY FOR WARD 3 RESIDENTS REGARDING SOUTH SALEM M.B.T.A. STOP Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Director of Planning be invited to appear before the Committee on Government Services to discuss the implementation of a survey for the resident abutters of Ward 3 to the M.B.T.A. tracks with regard to the proposed South Salem Train Stop and invite the residents and a representative from the M.B.T.A. #389 - FINANCIAL REPORT Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Financial Report dates April 30, 2002 be received and placed on file. #390 - CAMP NAUMKEAG USE AND STATUS OF PROPERTY Councillor O'Leary, in conjunction with Councillor Chuber, introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses, and Legal Affairs meet with the City Solicitor to discuss the status of city owned land, known as Camp Naumkeag. #391 - SUMMER MEETINGS OF CITY COUNCIL 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, 2002, be combined and held on Thursday, July 11, 2002 at 7.00 P.M. CITY OF SALEM 455 MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL (#88) - ORDINANCE REQUIRING ADVERTISING FOR POSITIONS PRIOR TO APPOINTMENTS Councillor Driscoll moved to take from the table an Ordinance relative to advertising of positions prior to appointments. It was so voted. Councillor Driscoll moved that the Ordinance be adopted for second and final passage. It was so voted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Harvey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillor O'Keefe was absent. #392 - GRANTING CERTAIN LICENSES Councillor O'Leary 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 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 #393 - (#365-#366-#367) - USE OF SALEM COMMON Councillor O'Leary 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 for use of the Salem Common has considered said matter and would recommend approval. Animal Rescue League, Rabies/microchip Clinic, June 8, 2002 Katrin Klein, Wedding, August 23, 2002 Julie Jigarjian, Wedding, May 10, 2003 #394 - (#344) -APPR. FINANCE PROFESSIONAL SERVICES 456 CITY OF SALEM MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL 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$30,000.00 from Free Cash to Finance Professional Services has considered said matter and would recommend approval. #395 - (#345) -APPR. PARKING DEPT. 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$23,000.00 from Free Cash to "Parking Department Electricity has considered said matter and would recommend approval. #396 - INVITATION TO ATTEND MEMORIAL DAY SERVICES A communication from Jean-Guy J. Martineau, Veterans Agent, inviting the Council to attend Memorial Day Services on May 27, 2002, was received and filed. #397 - INVITATION TO ATTEND FIREFIGHTERS MEMORIAL SERVICES A communication from Deputy Chief Thomas Brophy, inviting the Council to attend the annual Firefighers Memorial Services on June 9, 2002, was received and filed. #398 - CONDUIT LOCATION ON LIBERTY STREET A hearing was ordered for June 13, 2002 on the petition of A.T.& T. Broadband for a conduit location on Liberty Street. #399 -#400 - BLOCK PARTIES The following requests for Block Parties for dates designated, were granted. Scenic Avenue, July 6, 2002, raindate July 7, 2002 Botts Court, May 27, 2002 #401 -# 403 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. CITY OF SALEM 457 MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL FORTUNETELLING STORE The Magic Parlor, 213 Essex St., (adding 1 employee) Charles Bishara, 48 Duncan Road, Everett TAG DAY S.H.S. Gymnastics, November 16, 2002 TAXI OPERATOR Newri Garcia, 6 Ray Street, Peabody Hollieann Innis, 95 Bridge Street, Salem Coy Juvelis, 21 Symonds St., Salem William Leslie, 69 North Common St., Lynn John Skalkos, 74 Standish Rd., Lynn Juan B. Valez, 41 Ward St., Salem James West, 17 Franklin St., Lynn #404 -#405 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Atty. Robert K. Rainer for Andrea Connolly, 60 Veterans of Foreign Wars Parkway, Revere Louis Pelletier, 50-52 Howard St., Salem (#349) - ORDINANC AMENDING TRAFFIC, SEC. 51113, PARKING PROHIBITED, NORTH STREET, ONE HOUR PARKING MONDAY THROUGH FRIDAY The matter of second and final passage of an Ordinance amending Traffic, Section 51 B, Parking Prohibited, adding Monday through Friday to the North Street Ordinance, was then taken up. The Ordinance was adopted for second and final passage. 458 CITY OF SALEM MAY 23, 2002 REGULAR MEETING OF THE CITY COUNCIL On the motion of Councillor Lovely, the meeting adjourned at 8.40 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK