A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 10, 2003 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on April 4, 2003 at 12:20 P.M.
Councillor Flynn was absent.
Council President Thomas H. Furey presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Furey requested that everyone please rise to recite the Pledge of Allegiance.
#313 - #315 – REAPPT. CONSTABLES
The Mayor’s reappointment of the following Constables for terms as designated, was received and filed.
Mirna Y. Jejia, 34 Prince St., Salem, term exp. April 2, 2004
Robert O. Silva, 67 Endicott St., Peabody, term exp. April 1, 2004
Paul Minsky, 15 Orchard Rd., Swampscott, term exp. April 10, 2006
#316 – APPR. CAPITAL OUTLAY FOR PARKING METERS AT RILEY PLAZA
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of One Hundred Three Thousand Two Hundred One Dollars and twenty-eight cents ($103,201.28) be appropriated to the “Capital Outlay Equipment” account to be expended for the purpose and installation of parking meters in Riley Plaza in accordance with the recommendation of His Honor the Mayor.
#317 – 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 Thousand Dollars ($20,000.00) 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.
#318 – APPR. WITCH HOUSE SEASONAL LABOR
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the “Receipts Reserved Witch House” Account to the “Witch House Seasonal Labor” Account in accordance with the recommendation of His Honor the Mayor.
#319 – APPR. CEMETERY BURIAL
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Cemetery Sale of Lots” Account to the “Cemetery Burial” Account in accordance with the recommendation of His Honor the Mayor.
#320 – GEOGRAPHIC INFORMATION SYSTEM-SALEM’S PROGRAM
A communication from the Mayor, submitting Salem’s G.I.S. program information, was received and filed.
#321 – “PEP CORNACCHIO SQUARE” BE NAMED AT INTERSECTION OF POWDER HOUSE LAND AND BERTRAM FIELD
Councillor Harvey introduced the following Order, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor Flynn was absent.
ORDERED: That the Salem City Council name the intersection of Bertram Field and Powder House Lane as “Pep” Cornacchio Square.
AND BE IT FURTHER ORDERED: That the Police Traffic Division erect a suitable sign at this location, and that all School Sports Teams be invited on a Saturday in June for a dedication.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Chief Robert M. St. Pierre to speak.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Pep to speak.
Councillor Harvey moved for a two-minute recess. It was so voted.
#322 – ESSEX COUNTY SHERIFF ASSIGN DETAIL FOR FOREST RIVER WATERSHED AREA
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the City Clerk send a communication from the City Council to the Mayor and his Aide, requesting he contact the Essex County Sheriff for a detail to the Forest River Conservation Area Trail to enhance the Trail by removing fallen trees and any other work necessary. All such work to be coordinated with the Salem Conservation Commission. No type of construction is to take place.
#323 – USE OF FOUNTAIN SQUARE ON PALM SUNDAY
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the attached request from the Wesley Methodist Church to use Fountain Square for Palm Sunday, instead of the Salem Common, be approved.
#324 – FORMATION OF REGIONAL TRANSPORTATIONAL COMMITTEE
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the cities of Beverly, Lynn, and Peabody, as well as the towns of Danvers and Swampscott be invited to join the City of Salem in the formation of a Regional Transportation Committees whose purpose shall be, but not be limited to, the improvement of rail transportation to and from the North Shore. The Mayor shall appointment the City of Salem’s representative to the Committee.
#325 – FINANCE COMMITTEE REVIEW FISCAL YEAR 2002 AUDIT REPORT
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the City of Salem’s Fiscal Year 2002 Audit Report be referred to the Committee on Administration and Finance for the Finance Director to review the reports.
#326 – COMPREHENSIVE ANNUAL FINANCE REPORT SUBMISSION
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: THAT the Mayor and the Finance Director meet with the Administration and Finance Committee to review and discuss the submission of a Comprehensive Annual Financial Report (CAFR).
#327 – CIRCUS SCHOOL ON WINTER ISLAND
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Park and Recreation Commission be invited to appear before the Committee on Government Services to discuss the Circus School on Winter Island, and the payouts, legality, and insurance information relative to the same.
#328 – ORDINANCE AMENDING NON-CRIMINAL FINES, NO DOGS ALLOWED AT HIGH STREET PLAYGROUND
Councillor Lovely introduced the following Ordinance, which was adopted for first passage and referred to the Committee on Ordinances, Licenses, and Legal Affairs to report out at the next meeting.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Non-Criminal Fines
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 1-10, Non-criminal disposition of Ordinance violations, is hereby amended by adding the following:
Sec. 26-36 – Adoption of rules and bylaws, public parks
1. No Dogs allowed High St. Playground
Penalty…………$50.00
Enforcing persons: Animal Control Officer, Police Department, Park Supt. or his designee
Section 2. This Ordinance shall take effect as provided by City Charter.
#329 – UPDATE ON TRANSFER STATION ENVIRONMENTAL ISSUES
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Transfer Station Committee be invited to attend a Government Services Committee to discuss the current operation of the transfer station and be given an update on all environmental issues/DEP compliance related thereto.
The following are to be invited: Mayor or his designee, City Engineer, Asst. City Engineer, City Solicitor, George Gibbons, Mark Burns, Dennis Colbert, Representatives of Northside Carting, Northside Carting Environmental Engineers
#330 – DPW REPAIR TWO BALLUSTRADES AT WILLIAM DRIVER PARK
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the DPW Director examine and arrange for repair/replacement of two missing balustrades at the Captain William Driver Memorial as soon as possibly can be done, and that the matter be referred to the Committee on Government Services for oversight.
#331 – 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 Veterans of Foreign Wars, May 28, 29 & 30
TAXI OPERATOR Evangelis Rodriguez, 55 Rainbow Terrace, Salem
#332 – (#183) – ORDINANCE AMENDING BUILDING CODE 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. Councillor Harvey was recorded as voting “opposed”.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred an Ordinance relative to Building Code Fees has considered said matter and would recommend that the Ordinance, as amended by the Committee, be adopted for first passage.
#333 – (#272) – BOND ORDER – ISSUANCE OF REFUNDING BONDS
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor Flynn was absent.
The Committee on Administration and Finance, to whom was referred a Bond Order authorizing the issuance of refunding bonds has considered said matter and would recommend that the Order be adopted by roll call vote.
#334 – (#687 of 2000) and (#575 of 2001) – PHOTO CONTRACTS AT SCHOOL AND SCHOOL SURPLUS PROPERTY
Councillor DeToma 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 order relative to the photo contracts for Salem Schools, and an order relative to the disposal of surplus school property, has considered said matter and would recommend that the matter be discharged from Committee and no further action be taken.
#335 – (#76) - ORDINANCE – SALE OF CITY LAND FOR COUNCIL ON AGING FUNDING
Councillor DeToma 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 Ordinance amending the sale of city land, a portion of proceeds being used for building or capital expenditure of a new Senior Center has considered said matter and would recommend that the Ordinance be referred to the City Solicitor for a legal review and report back to the City Council.
#336 – (#164 of 2000) – ACCEPT. CH. 59, SEC. 5K, SENIOR CITIZEN WORK-OFF PROGRAM
Councillor DeToma 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 acceptance of the provisions of Chapter 59, Section 5K, establishing a Senior Citizen work-off program, to be administered by the Council on Aging, has considered said matter and would recommend that the City Council accept the provisions of Chapter 59, Section 5K.
#337 – (#78) – (#473) – (#724) – COUNCIL CHAMBER SOUND, PARK GRAFFITI, HIGH STREET PLAYGROUND
Councillor Bencal 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 three matters:
1. Sound Quality of Council Broadcasts and amplification for the Council Chamber
2. Park Graffiti
3. High Street playground
Has considered said matter and would recommend no further action be taken.
#338 – ORDINANCE ESTABLISHING ADMINISTRATIVE FEE FOR POLICE DEPT. TOWING
A communication from the City Solicitor, submitting a proposed Traffic Ordinance establishing an Administrative fee for the Police Department for overseeing towing, was adopted for first passage and referred to the Committee on Ordinances, Licenses, and Legal Affairs.
The Ordinance reads as follows:
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Traffic, Establishing an Administrative Fee for towed vehicles
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 72, Fees, is hereby amended by adding the follows:
C. Administrative Fee – Towed Vehicles
Any tow of any vehicle ordered by the Salem Police Department under the provisions of this chapter shall include an administrative fee of twenty dollars ($20.00).
Any towing company under contract with the City of Salem that performs any towing of vehicles at the direction of the Salem Police Department shall collect said administrative fee per vehicle towed in addition to such other fees as may be permitted. This fee shall only apply to vehicles towed at the direction of the Salem Police Department.
All tow companies under contract with the City of Salem shall pay all collected fees in accordance with this provision on, at least, a monthly basis to the City of Salem. The tow company shall pay such collected fees to the City of Salem no later than the seventh day of the month for all tows completed in the preceding months. Said payment shall be accompanied by a written summary of tows for the month. Failure to collect the fee by the tow company as required by this provision, or failure to pay the collected fees in a timely manner to the City, may result in removal of the tow company from the approved police tow call list. The City of Salem shall retain the right to inspect the books and records of any tow company under contract with the city at any time for
determining compliance with this provision.
Section 2. This Ordinance shall take effect as provided by City Charter.
#339 – RESOLUTION SUPPORTING DATE OF OCTOBER 2006 FOR PG&E’S EMISSION CONTROL PLAN
A communication was received from City Solicitor Keenan, responding to a Council Order regarding a resolution supporting a date of October 2006 for PG & E’s emission control plan.
Councillor Sargent left the Chamber due to a conflict of interest.
Councillor Harvey amended by adding the following as paragraph #10.
“Whereas, the Salem Harbor Station will need to continue to actively pursue the State Environmental Standards, and therefore, that P.G. & E continue to meet, in a good faith effort, the long-term process to achieve these standards.” The amendment was adopted.
Councillor Driscoll requested and received unanimous consent to suspend the rules to allow Jim Smith to speak.
The resolution was adopted as amended, and shall now read as follows:
RESOLUTION:
Whereas: The city of Salem seeks to provide its citizens the best possible quality of life including good schools, a secure community and appropriate social and recreational opportunities; and
Whereas: The City of Salem has already suffered a substantial loss of local aid from the Commonwealth of Massachusetts in the Fiscal Year 2003 and anticipates an even larger reduction in local aid in the Fiscal Year 2004; and
Whereas: The City of Salem strongly encourages the development of its commercial base to provide the City with appropriate tax revenues and employment opportunities; and
Whereas: The City of Salem has enjoyed a long fruitful relationship with the Salem Harbor Power Plant, and that plant anchors its commercial tax base as well as providing substantial employment for many of its citizens; and
Whereas: The independent operator of the electric grid in New England is on record as saying that the Salem Harbor Station is essential to Salem and its neighboring communities for electricity reliability as well as for reasonable priced electricity; and
Whereas: The Salem Harbor Station has agreed to install over $100 million in emission control equipment by the year 2006; and
Whereas: Four of the five other power plants covered by state regulations are allowed to complete their project by 2006, and the fifty plant has filed an appeal of its decision; and
Whereas: The Massachusetts Department of Environmental Protection initially agreed with Salem Harbor Station that 2006 was the appropriate date; and
Whereas: Based upon own permitting and local zoning requirements as well as our commitment to a public process, we know that permitting at the local level as well as permitting at the state level will exceed one year in time and experts anticipate that construction will exceed 22 months, bringing the logical date for completion of the Emission Control Project to 2006; and
Whereas: The Salem Harbor Station will need to continue to actively pursue the State Environmental Standards, and therefore that P.G. & E. continue to meet, in a good faith effort, the long-term process to achieve these standards.
NOW THEREFORE BE IT RESOLVED: That The Salem City Council urges the Massachusetts Legislature to take appropriate action to protect the property tax base in the City of Salem, employment opportunities in the City of Salem, the health and welfare of the citizens of Salem, and the electricity reliability for all communities on the North Shore as well as the City of Boston and urges that legislation be adopted that provides Salem Harbor Station sufficient time to complete Emission Control Project.
#340 – USE OF ESSEX STREET MALL – RED HERRING MORRIS DANCE GROUP
The request of Red Herring Morris to use the Essex Street Mall for a dance performance on May 10, 2003, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#341 – AIDS ACTION BIKE RIDE
The request of Robbie Samuels to use city streets for an Aids Action Bike Ride on August 10, 2003, was granted.
#342 - #346 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAXI OPERATOR Mohammad Ismail, 12 Pope St.
TAG DAY SHS Boy’s Track, May 4, 2003
SHS Girl’s Soccer, September 20, 2003
Knights of Columbus, October 9, 10, 11, 12, 2003
SHS Girl’s Gymnastics, November 15, 2003
#347 - #348 – DRAINLAYER AND CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator license application was granted.
North Shore Construction, Inc., 96 Gregory Island Rd., So. Hamilton
#349 - #352 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Erin Kelley, 271 Castle Road, Nahant
John G. Lindsay, 55 Ocean Ave., #3, Salem
Christine A. Melin, 33 Gardner St., Peabody
Beverly A. Rhodes, 6 Loring Hills Ave., Unit C4, Salem
#353 - #355 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
CONSTABLE Mirna Y. Mejia, 34 Prince St., Salem
Paul Minsky, 15 Orchard Rd., Swampscott
Robert O. Silva, 67 Endicott St., Peabody
(#286) – SECOND PASSAGE – ORDINANCE – TRAFFIC, TOW ZONE ON CONGRESS ST.
The matter of second and final passage of an Ordinance amending Traffic, Section 74, Tow Zone on Congress Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor DeToma, the meeting adjourned at 8:35 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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