A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 28, 2002 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 22, 2002 at 8:51 A.M.
Councillors Chuber, DeToma, and Harvey were 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.
#219 - EXECUTIVE SESSION - LITIGATION SETTLEMENT
Councillor O'Keefe moved to take out of Order, under Communications from City Officials, the request of Attorney John Keenan, City Solicitor, to hold an Executive Session to discuss a potential litigation settlement. It was so voted.
Councillor O'Keefe moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session, and at the end of the Executive Session the regular meeting will continue. It was so voted by a roll call vote of 8 yeas, 0 nays, 3 absent. Councillors Bencal, Driscoll, Furey, Lovely, O'Keefe, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Chuber, DeToma, and Harvey were absent.
SEE END OF MEETING FOR EXECUTIVE SESSION
Councillor O'Keefe moved that the regular meeting be continued. It was so voted.
#220 - APPR. CAPITAL OUTLAY FOR TICKET SYSTEM FOR PARKING DEPARTMENT
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fifty Five Thousand One Hundred Seventy Four Dollars ($55,174.00) is hereby appropriated to the "Capital Outlay - Equipment" Account to be expended for the purchase of a new ticket system by the Parking Department for use at the East India Square Garage and the Church Street Lot in accordance with the recommendation of His Honor the Mayor.
#221 - APPR. PARK & RECREATION RENTAL AND LEASE
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 "Receipts Reserved - Golf Course" Account to the "Park and Recreation - Rental and Lease" Account in accordance with the recommendation of His Honor the Mayor.
#222 - APPR. HARBORMASTER PROFESSIONAL SERVICES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seven Hundred Sixty Dollars ($760.00) is hereby appropriated from the "Receipts Reserved - Harbormaster" Account to the "Harbormaster - Professional Services" Account in accordance with the recommendation of His Honor the Mayor.
#223 - APPROVAL OF CONTRACT EXTENSION WITH CAMP, DRESSER & MCKEE FOR WASTEWATER PUMP STATION OPERATOR
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the Mayor and City Council hereby approve the extension of a contract between the City of Salem and Camp, Dresser & McKee, (CDM) for Water & Wastewater Pump Station Operation, Maintenance and Oversight for an additional three years terminating June 30, 2005.
#224 - DECLARE HARBORMASTER SEAHAWK BOAT SURPLUS
The following Order, recommended by the Mayor, was adopted.
ORDERED: That a 1999 36-foot Seahawk Boat formerly used by the Harbormaster is hereby declared surplus city property;
AND BE IT FURTHER ORDERED: That the Purchasing Agent is hereby authorized to dispose of the 36-foot Seahawk Boat for a price of Eighty-six Thousand Two Hundred Twenty-nine Dollars and Ninety-nine Cents as bid by Walter J. and Lisa N. Kelley through a sealed bid opening conducted by the City on March 13, 2002.
#225 - MAYOR SIGN RESOLUTION TO MEET WITH SWAMPSCOTT REGARDING AGGREGATE INDUSTRIES
The following Order was recommended by the Mayor.
ORDERED: That the Mayor is hereby authorized to sign a Resolution for the City of Salem submitted by the Swampscott Board of Selectmen who wish to convene a meeting with the City of Salem, the City of Lynn, concerned residents of the communities, and Aggregate Industries.
Councillor Lovely amended that the City of Peabody also be included in this meeting. It was so voted.
The Order was adopted as amended, and the issue of Aggregate Industries was referred to the Committee on Government Services.
ORDERED: That the Mayor is hereby authorized to sign a Resolution for the City of Salem submitted by the Swampscott Board of Selectmen who wish to convene a meeting with the City of Salem, the City of Lynn, the City of Peabody, and concerned residents of the communities, and Aggregate Industries.
#226 - DECLARE EXCESS SCHOOL DEPARTMENT PROPERTY SURPLUS, AND TRANSFER TO FIRE DEPARTMENT AND PARK DEPT
The following Order, recommended by the Mayor, was received after the deadline of Tuesday Noon. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow the matter before the Council.
The Order was adopted. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the following items from the Salem School Department are hereby declares surplus city property:
One (1) 55 KW diesel generator at the Witchcraft Heights School
Two (2) four-drawer filing cabinets
AND BE IT FURTHER ORDERED: Under the provisions of Chapter 2, Section 2-1689, permission to transfer the generator to be utilized by the Fire Department at Station Six on Fort Avenue and to transfer the two filing cabinets to the Manager's Office at Winter Island for record storage is hereby granted.
#227 - APPR. SOLICITOR PROFESSIONAL SERVICES
The following Order, recommended by the Mayor, was received after the deadline of Tuesday Noon. Councillor O'Leary requested and received unanimous consent to suspend the rules.
The Order was adopted under suspension of the rules.
ORDERED: That the sum of Eight Thousand Seventy Five Dollars ($8,075.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation Free Cash" Account to the "Solicitor Professional Services" Account in accordance with the recommendation of His Honor the Mayor.
#228 - ORDINANCE AMENDING USE OF SALEM COMMON, ADDING POPCORN VENDOR
Councillor Bencal introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and two
An ordinance to amend an Ordinance reltiave to Salem Common Use Fees, Purpose
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 26, Section 73, is hereby amended by adding event number 11, Popcorn Cart……..$.50
Section 2. This Ordinance shall take effect as provided by City Charter.
#229 - GOVERNMENT SERVICES MEET WITH NORTHSIDE CARTING REGARDING USE OF TRANSFER STATION BY RESIDENTS
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That Robert George of Northside Carting be invited to appear before the Committee on Government Services to discuss the matter of residents entering the transfer station to dispose of yard waste and construction and demolition material and invite the City Solicitor, Director of Public Works and the Mayor.
#230 - ORDINANCE, TRAFFIC, HANDICAP PARKING, HAZEL STREET
Councillor Driscoll 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 fo Salem, as follows:
Section 1. Chapter 28, Section 50B, is hereby amended by adding the following:
"Hazel Street, in front of #38, for a distance to twenty (20) feet, Handicap parking, Tow Zone"
Section 2. This Ordinance shall take effect as provided City Charter.
#231 - ORDINANCE AMENDING TRAFFIC, RESIDENT PARKING, OAK STREET AND FRIEND STREET.
Councillor Bencal introduced the following Ordinance, which was referred to the Committee on Government Services.
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 75, is hereby amended by adding the following;
Establish zone (F) color white - Oak Street from Mason Street southerly to number 13 Oak Street and Friend Street westerly side from Mason Street to 8 Friend Street
Section 2. This Ordinance shall take effect as provided by City Charter
#232 - FINANCIAL REPORTS
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Financial Report dated February 38, 2002 be received and placed on file.
#233 - ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, HARBOR STREET
Councillor O'Leary introduced the following Ordinance, on behalf of Councillor Chuber, 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, Sec. 51 B, is hereby amended by adding the following:
"Harbor Street, westbound for a distance of sixty (60) feet from the intersection of Lafayette Street on the Northerly side of the street. Thirty Minute Parking Limit"
Section 2. This Ordinance shall take effect as provided by City Charter.
#234 - WALK BY NORTH SHORE HEBREW SCHOOL
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the enclosed request from the North Shore Hebrew School in Swampscott to hold a walk, beginning and ending at the Temple Shalom on Lafayette St., on April 28, 2002 at 9:00 A.M. be granted.
#235 - COMMUNITY & ECONOMIC DEVELOPMENT DISCUSS HOURS OF OPERATION OF RETAIL BUSINESS
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development review Article IV, Chapter 14, Page 12, and any other section of the Code that applies to hours of operation of retail business establishments.
AND BE IT FURTHER ORDERED: That the City Solicitor, Licensing Board, and the Building Inspector be invited to attend this meeting, which will be held on Thursday, April 4, 2002 at 6:00 P.M. in the City Council Chamber.
#236 - GOVERNMENT SERVICES DISCUSS DOWNTOWN PARKING PLAN AS SUBMITTED BY PARKING DEPARTMENT
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the attached downtown parking spaces breakdown be referred to the Committee on Government Services for further review.
#237 - (#205-#206-#207-#208) - USE OF THE SALEM COMMON
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 for use of the Salem Common has considered said matter and would recommend that the following be approved.
Paula Pienkowski, Wedding on May 26, 2002
Salem Common Neighborhood Association, Concert Series June 20-August 15
Crombie Street Mission, Community Event July 27, 2002
Independent Living Center Walk-a-thon, May 18, 2002
#238 - (#39) APPR. PARK AND RECREATION 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 $15,000.00 from Receipts Reserved Golf Course to Park and Recreation Telephone has considered said matter and would recommend approval.
#239 - GRANTING CERTAIN 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
S.H.S. Girls Track Team, March 30, 2002
Veterans of Foreign Wars Post 1524, May 26, 27, 28, 2002
TAXI OPERATOR
James Dalferro, 10 Peach Highlands, Marblehead
Jean G. Mealey, 30 Grant Street, Beverly
SEAWORMS
Eovaldo Costa, 9 Elm Street, Peabody
Victor Macedo, 9 Elm Street, Peabody
#240 - (#82) - APPR. PARK AND RECREATION EXPENSES
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 $8,000.00 from Capital Improvement to Park Department Expenses for a mower has considered said matter and would recommend approval.
#241 - (#83) - APPR. COUNCIL ON AGING PROFESSIONAL SERVICES
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 $4,136.00 from Free Cash to Council on Aging for professional services has considered said matter and would recommend approval.
#242 - MASS. ELECTRIC COMPANY CONDUIT LOCATIONS ON PURITAN ROAD
A hearing was ordered for April 11, 2002 on the petition of Massachusetts Electric Company for two (2) conduits on Puritan Road.
#243 - USE OF SALEM COMMON FOR WEDDING - CHRISTINA BROWN
The request of Christina Brown to use the Salem Common on August 25, 2002 for a wedding was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#244 - USE OF SALEM COMMON BY "THE GATHERING" COMMUNITY EVENT
The request of the Gathering to use the Salem Common on October 19, 2002 for a community event was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#245 - #246 - LICENSE APPLICATIONS
The following License applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAXI OPERATOR
Gary Barden, 22 Claremont Terrace, Swampscott
Diane M. Keenan, 33 Oakland Street, Salem
Osawe Osawaru, 10B May Street, Salem
PUBLIC GUIDE
Nicole M. Morin, 50 Jefferson Avenue, Salem
#247 - #250 - DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator Licenses were granted.
R. Kobierski co., 21 Patricia Road, (P.O. Box 94), Danvers
K & B Excavating, 105 Mason Street, Salem
#251 - CLAIMS
The following Claim was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Mahmoud Khader, 57 Bartholomew Street, Peabody
#252 - DRAINLAYER BOND
The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
R. Kobierski Co., P.O. Box 94, Danvers
(#193) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, SERVICE ZONE ON FORT AVENUE AND PARKING PROHIBITED ON LAFAYETTE STREET (IN FRONT OF ST. JOSEPH'S CHURCH FOR FUNERALS)
The matter of second and final passage of an Ordinance amending Traffic, Section 13, Service Zone on Fort Avenue, and Section 51B, Parking Prohibited, Lafayette Street, was then taken up. The Ordinance was adopted for second and final passage.
(#194) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, HOWARD STREET AND BOSTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking on Howard Street and Boston Street, was then taken up. The Ordinance was adopted for second and final passage.
(#192) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, DELETE OAK STREET, ADD NORTH STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 51B, Parking Prohibited, deleting Oak Street and adding North Street, was then taken up.
Councillor Bencal moved to amend North Street in the Ordinance by deleting "7:00 A.M. to 7:00 P.M." and inserting "7:00 A.M. to 5:00 P.M." It was so voted.
The Ordinance was adopted for second and final passage, as amended, so that it shall now read as follows:
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 51B, 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 51B, 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 5:00 p.m."
Section 3. This Ordinance shall take effect as provided by City Charter.
On the motion of Councillor O'Keefe, the meeting adjourned at 8:15 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
EXECUTIVE SESSION
A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 28, 2002 at 7:00 P.M. for the purpose of transacting any and all business, at which time the City Council, by recorded roll call vote, went into executive session with the City Solicitor to discuss a matter of a potential settlement. Notice of this meeting was posted on March 22, 2002 at 8:51 A.M.
Councillors Chuber, DeToma, and Harvey were absent.
Council President Regina R. Flynn presided.
See minutes in cannister in vault.
On the motion of Councillor O'Keefe, the meeting adjourned at 7:10 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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