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.
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.
#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
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 17th, and on March 17th.
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."
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 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
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 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
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
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