A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 14, 2002 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 8, 2002 at 1:39 P.M.
All Councillors were present.
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.
(#681) – EXECUTIVE SESSION
Councillor Chuber moved to take out of order, under Unfinished Business, the request from Attorney John Keenan, City Solicitor, to hold an Executive Session to discuss a potential settlement. It was so voted.
Councillor O’Leary 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 shall continue. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
See end of meeting for minutes of Executive Session.
Following the Executive Session, Councillor O’Leary moved that the regular meeting be continued. It was so voted.
#708 – APPT. NICHOLE MCLAUGHLIN TO PLUMMER HOME FOR BOYS TRUSTEES
The Mayor’s appointment of Nicole McLaughlin as a member of the Plummer Home for Boys Trustees for a term to expire November 1, 2007, was confirmed under suspension of the rules, by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Bencal requested and received unanimous consent to suspend the rules to allow Ms. McLaughlin to speak.
#708 – REAPPT. PAUL HIGGINS TO PLUMMER HOME FOR BOYS TRUSTEES
The Mayor’s reappointment of Paul Higgins as a member of the Plummer Home for Boys Trustees for a term to expire November 1, 2007, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#709 – REAPPT. CONSTABLE
The Mayor’s reappointment of John J. Ruehrwein as a Constable for a term to expire December 7, 2005, was received and filed.
#710 – APPR. HARBORMASTER MAINTENANCE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twelve Thousand Dollars ($12,000.00) is hereby appropriated from the “Receipts Reserved Harbormaster” Account to the “Harbormaster Maintenance” Account in accordance with the recommendation of His Honor the Mayor.
#711 – INCREASE IN PARKING FEES FOR PARKING GARAGE AND CHURCH STREET LOT
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. Hacker to speak.
ORDERED: That the following fees for parking garages and Church Street Lot shall be effective upon adoption of this order:
PARKING DEPARTMENT
Rates – Garages and Church St. Lot
Per hour 1.50
Maximum per day 10.00
Overnight parking 10.00
Overnight Parking (24 hours) 20.00
Yearly pass 375.00
Yearly pass senior citizen 200.00
Monthly pass 55.00
Monthly pass senior citizen 25.00
20 stamps (12 hours each) 40.00
20 stamps (12 hours each) senior citizen 20.00
100 Merchant Validation Stamps (1 hour) 25.00
Validation for up to 4 hours with 4 stamps
#712 – QUARTERLY REPORT PARK AND RECREATION DEPARTMENT
A communication from Mayor, submitting the quarterly report of the Park and Recreation Department, was received and filed.
#713 – NOTIFICATION TO CITY COUNCIL REGARDING SALE OF CITY-OWNED LAND
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the City Planner, Building Inspector, Purchasing Agent, and City Solicitor appear before the Committee on Ordinances, Licenses, and Legal Affairs to discuss the notification procedure on the Sale of City land.
AND BE IT FURTHER ORDERED: That the above inform the Committee why no notification was given to the City Council when the City property on Irving and Phillips Street were put out for bid.
#714 – RESOLUTION – MITIGATION AGREEMENT FOR DUKE ENERGY/MARITIMES GAS PIPELINE
Councillor Chuber, in conjunction with Councillor Driscoll, introduced the following Resolution, which was adopted.
RESOLVED:
WHEREAS: Duke Energy Company is in the process of installing a natural gas pipeline in the City of Salem that will connect to an existing line in Dracut, Massachusetts; and
WHEREAS: As part of the installation, the City has negotiated a mitigation package with the Duke Energy Company;
NOW, THEREFORE, be it hereby ORDERED: by the City Council of the City of Salem, as follows:
That the Mayor provide the Council with a description and accounting of the mitigation agreement entered into between the City and Duke Energy with regard to the installation of a natural gas pipeline within the City of Salem.
AND BE IT FURTHER ORDERED: That representatives of Duke Energy be invited to an upcoming City Council meeting to brief members of the Council on the status of the installation project.
#715 – COMMITTEE OF WHOLE MEET REGARDING GANG ACTIVITIES IN SALEM
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That a Committee of the Whole meeting be scheduled to review and discuss recent evidence of gang activities among the youth in the City. Invitees to include representatives of the Police Department and interested members of the public.
#716 – FINANCIAL REPORT FOR AUGUST
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the attached financial report dated August 31, 2002 be received and placed on file.
#717 – FINANCIAL REPORT FOR SEPTEMBER
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the attached financial report dated September 30, 2002 be received and placed on file.
#718 – REQUEST TO PURCHASE CITY LAND ON OUTLOOK AVE.
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the enclosed request to purchase the paper portion of Outlook Avenue be referred to the Committee on Government Services.
#719 – REQUEST TO PURCHASE CITY LAND ON HILLSIDE ROAD
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the enclosed request to purchase the paper portion of Hillside Road be referred to the Committee on Government Services.
#720 – RESOLUTION – SENIOR CITIZEN TAX WORK OFF PROPERTY TAX ABATEMENT PROGRAM
Councillor Driscoll introduced the following Resolution, which was referred to the Committee of the Whole.
RESOLUTION:
Whereas: M.G.L. Ch. 59, as recently amended by Chapter 184 of the Acts of 2002, provides for a Senior Citizen Tax Work-Off Abatement Program; and
Whereas: Through the Senior Tax Work Off Abatement Program, senior citizens in a municipality that has accepted the provisions of the law may be credited with up to $750.00 per year in property tax relief in exchange for completing volunteer work for the city, and
Whereas: There is likely to be a steep increase in residential property tax bills in Fiscal year 03 and fiscal year 04 given the substantial decrease in tax revenues paid by the City’s largest taxpayer, the Salem Harbor power plant, and
Whereas: An increasing number of senior citizens in Salem, many of whom are on fixed incomes and of limited means, may need additional assistance to meet with rising property tax obligation; and
Whereas: The City Council is aware of the possible financial impact that adopting such legislation would have on municipal finances,
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Salem, as follows:
That the City Council hereby requests that the Mayor, the Finance Director, and the Assessor, examine the financial impacts of adopting the provisions of Chapter 184 of the Acts of 2002, pertaining to senior citizen property tax work-off programs, for fiscal year 2004, and report their findings and recommendations to the City Council as soon as possible.
#721 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, GARDNER ST., RICE ST., OCEAN AVE WEST
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 of Salem, as follows:
Section 1. Chapter 42, Section 50B, is hereby amended by adding the following:
Gardner Street, in front of #7, for a distance of twenty (20) feet. Handicap Parking, Tow Zone
Rice Street, in front of #16, for a distance of twenty (20) feet. Handicap Parking, Tow Zone
Ocean Avenue West, in front of #169, for a distance of twenty (20) feet. Handicap Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#722 – SCHOOL DEPARTMENT FINAL BUDGET REPORT
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the attached School Department Final Memorandum Budget Report for fiscal year 2002 be received and placed on file.
#723 – ADMINISTATION AND FINANCE MEETING TO DISCUSS THE FISCAL YEAR 2003 SCHOOL DEPARTMENT DEFICIT
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That Superintendent Levine, School Committee members, Paula Field, Business Manager, Paul L’Heureux, Superintendent of Building, Finance Director Bruce Guy, and Mayor Usovicz be invited to the Committee on Administration and Finance to discuss the fiscal year 2003 School Department budget’s present $1,000,000.00 Special Education tuition budget deficit, the Saltonstall and Collins Middle School flashing/leaking issues and any and all updates, the Carlton School ($250,000.00 clean-up, the SBAB reimbursement schedule) and any and all other items related thereto.
#724 – HIGH STREET PLAYGROUND IMPROVEMENT ISSUES
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That a request be forwarded to the Park and Recreation Commission and the Park and Recreation Director, requesting the following:
1. That the High Street playground explore the feasibility of fencing the park in its entirety, and locked from 9:00 P.M. to 6:00 A.M.
2. That the Park and Recreation Commission and the City Electrician explore the feasibility of placing lights in the park.
And be it further ORDERED: That the matter be referred to the Committee on Government Services.
#725 – COMMUNICATION FROM DIR. PUB. SERVICES REGARDING WATER SYSTEM IMPROVEMENTS
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the attached letter from Stanley Bornstein, Director of Public Works, regarding Water System Improvements, be referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#726 – 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.
TAXI OPERATOR John Bedrossian, Jr., 11 Sevinor Rd., Marblehead
Ronald E. Leslie, 10B Pioneer Terr., Salem
Frederick D. Meister, 51 Northfold Ave., Swampscott
Larry Tessier, 81 Leach St., Salem
VEHICLE FOR HIRE Friendship Carriage Tours, 13 Crombie St., Salem
(3 horse drawn)
FORTUNETELLING Therese Devoe Noll, 401 Essex St., Salem
Michael Noll, 401 Essex St., Salem
Andrew Snow, 12 Scotia St., Salem
Linda Weinbaum, 18 Hancock St., Salem
JUNK DEALER Isaac Talkowsky & Son, Inc., 18-24 Phillips St., Salem
PUBLIC GUIDE Frances Marrow, 12 Strawberry Hill Lane, Danvers
Mollie Stewart, 74 Essex St., Salem
Ruth G. Wall, 13 Crombie St., Salem
SEAWORMS Maria Bettencourt, 21 Harris St., Peabody
SECOND HAND Antiques at Museum Place, Museum Place Mall
VALUABLE Army Barracks, 234 Essex St., Salem
The Consignery, 293 Jefferson Ave., Salem
Filigree & Fancy, 4 Wharf St., Salem
Marine Arts Gallery, 135 Essex St., Salem
RJ Coins, 72 Wharf St., Salem
Salem Coin & Jewelry, 149 North St., Salem
Salem Used Furniture & Antiques, 107 ½ Bridge St.
Tobie’s Jewelry, 142 Washington St., Salem
#727 – DECLARE FORD VAN AND LADDER TRUCK SURPLUS IN FIRE DEPARTMENT
A communication from Fire Chief Robert Turner, requesting that the Council declare the following surplus, was referred to the Committee on Administration and Finance.
Ford Econoline Van
Maxim Light Duty Ladder Truck
#728 – RESPONSE OF STATEWIDE TELECOMMUNICATIONS BOARD TO PROBLEMS WITH CITY’S 911 EMERGENCY SYSTEM
A communication from the Statewide Emergency Telecommunications Board in response to a Council Order regarding the 911 emergency system, was received and filed.
#729 – CONDUIT LOCATIONS ON DERBY ST. & CONGRESS STREET
A hearing was ordered for November 21, 2002 on the petition of Massachusetts Electric Company for conduits locations on Derby Street and Congress Street.
#730 - #731 – USE OF THE SALEM COMMON FOR WEDDINGS
The following requests to use the Salem Common for weddings were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Marie Peterson, 995 Lincoln Pl., Lemon Grove, CA, August 23, 2003
Kathleen E. Weidner, 58 Revere Beach Parkway, Chelsea, Sept. 5, 2003
#732 - #755 – LICENSE APPLICATIONS
A list of license applications and renewals, for the following licenses, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
FORTUNETELLING
Sylvia Martinez, 7 Derby Square, Salem
Diana McKanas, 86D Wharf St., Salem
Gloria Ward, 12 Pearl St., Salem
FORTUNETELLING STORE
The Goddess’ Treasure Chest, 173 Essex St.
The Magic Parlor, 213 Essex St.
Pyramid Books, 214 Derby St.
PAWNBROKER
Salem Loan & Jewelry, 33 New Derby St.
PUBLIC GUIDE
Jeremy McKeen, 74 Essex St., Salem
Nicole Morin, 22R Essex St., Salem
Alejandra Miranda Naon, 3 Winter St., Salem
SEAWORM
Manuel Carroca, 12 Union St., Peabody
Eovaldo Costa, 9 Elm St., Peabody
Victor Machedo, 9 Elm St., Peabody
Jose Machado, 3 Emmett St., Peabody
Analiano P. Silva, 25 Driscoll St., Peabody
Manuel N. Silva, 80 Northend St., Peabody
Manuel P. Silva, 52 Paleologos St., Peabody
SECOND HAND CLOTHING
Boston St. Resale, 134 ½ Boston St.
SECOND HAND VALUABLE
Antiques & Uniques of Salem, 130 North St.
Record Exchange, 256 Washington St.
Salem Loan & Jewelry, 33 New Derby St.
Same Day Services, 2 Mason St.
TAXI OPERATOR
Charles Cody, 21 Heard Dr., Ipswich
Charles J. Coyne, 6 Berkshire St, Swampscott
Gerald Feldman, 116 Lafayette St., Salem
Victor Morales, 6 Whittier St., Lynn
Ramon A. Nunez, 59 Memorial Pk. Ave., Lynn
Jack Taymore, 15 Weatherly Dr., Salem
VEHICLE FOR HIRE (AMPHIBIOUS)
Moby Duck, 75 Essex Ave., Gloucester
#756 - #761 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator Licenses were granted.
D & W Contractors, 150 Pleasant St., Reading
Peterson Enterprises, Inc., 210 Broadway, Lynn
Boraczek Septic & Sewer, 10 Belmont Ave., Haverhill
#762 - #767 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Donald Cefalo, 43 Douglass Rd., Lynnfield
Stephen Faverman, 11 Kernwood Rd., Peabody
Amy Maguire, 81 Loring Avenue, Salem
Charles V. Michaud, 70 Moffatt Road, Salem
Roland Poussard, 9 Williams St., Salem
Carole J. Shmaruk, 21 Bartlett St., Beverly
#768 - #771 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER
D & W Contractors, 150 Pleasant St., Reading
Peterson Enterprises, Inc., 210 Broadway, Lynn
Boraczek Septic & Sewer, 10 Belmont Ave., Haverhill
CONSTABLE
John J. Ruehrwein, 32 Pine St, Wakefield
#772 – PETITION TO REZONE LAND AT 209 HIGHLAND AVE. FROM B-2 to R-3
A communication was received after the deadline of Tuesday Noon, from Attorney Joseph Correnti, requesting that the City Council schedule a joint public hearing with the Planning Board to consider the rezoning of a parcel on land at 209 Highland Avenue from B-2 to R-3.
Councillor Lovely requested and received unanimous consent to suspend the rules.
The matter was referred to the Planning Board to schedule a joint public hearing with the City Council.
(#678A) – SECOND PASSAGE – ORDINANCE RELATIVE TO OPERATIVE AIR PUMPS TO STORE FUEL
The matter of second and final passage of an Ordinance relative to Operative Air Pumps to store fuel, was then taken up.
Councillor O’Keefe moved to amend the Ordinance by deleting the word “fuel”. It was so voted.
Councillor O’Keefe moved to add the following language at the end of the paragraph: “Anyone under the age of 18 shall receive free air.” The amendment was so voted. Councillor Driscoll was recorded as opposed.
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 pertaining to operative air pump required to store fuel
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14, Section 44, is hereby amended by deleting in the last sentence the words “without a fee or charge for the use thereof” and inserting in place thereof the following:
“Complementary air to be provided to retail customers. Anyone under the age of eighteen (18) shall receive free air.”
Section 2. This Ordinance shall take effect as provided by City Charter.
(#668) – ORDINANCE ESTABLISHING POSITION AND SALARY OF ELECTION ASST. TO CITY CLERK
The matter of second and final passage of an Ordinance establishing the position and salary of the Election Assistant to the City Clerk was then taken up. The Ordinance was adopted for second and final passage by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
On the motion of Councillor O’Leary, the meeting adjourned at 8:30 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, November 14, 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 City Solicitor John Keenan, to discuss a potential settlement. Notice of this meeting was posted on November 8, 2002 at 1:39 P.M.
All Councillors were present.
President Regina R. Flynn presided.
President Flynn called upon City Solicitor John Keenan to address the Council.
See minutes of meeting in canister in vault.
On the motion of Councillor O’Leary, the Executive Session adjourned at 7:35 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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