“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council held in the Council Chamber on Thursday,
December 6, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 29, 2012 at 5:43 P.M. This meeting is being taped and is live on S.A.T.V.
Absent were:
Council President Lovely presided.
Councillor moved to dispense with the reading of the record of the previous meeting.
VOTED
President Lovely requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
Public Testimony not to exceed 15 minutes
Name must be on roster 30 minutes prior to meeting
Agenda items only
HEARINGS
Public Hearing on the issue of allocating the local property tax levy among the four (4) property classes for fiscal year 2013, and the residential, open space and small commercial exemption options.
President Lovely turned the Public Hearing over to the Board of Assessors.
Councillor McCarthy moved that the hearing be closed Voted
APPOINTMENTS AND REAPPOINTMENTS
NONE
COMMUNICATIONS FROM THE MAYOR
Mayor submitting a Tax Certification Transmittal Letter recommending maintaining the current 1.65 CIP split tax rate or 0.859091.
Councillor Moved receive & file Voted
Appropriation of $1,008,106.00 from “Receipts Reserved for Appropriation” account to reduce the gross amount to be raised by taxation when FY2013 Tax Rate is set.
Councillor Moved suspension of rules Councillor Object
Councillor McCarthy
Action contemplated
Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption Voted
Appropriation of $200,000.00 from “Fund Balance Reserved for Appropriations – Free Cash” account to “Veterans – Benefits” account.
Councillor Moved suspension of rules Councillor Object
Councillor McCarthy
Action contemplated
Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption Voted
COMMUNICATIONS FROM THE MAYOR
Appropriation of $88,000.00 from “Fund Balance – Free Cash” account to “Human Resources – workers compensation Salaries” account.
Councillor Moved suspension of rules Councillor Object
Councillor McCarthy
Action contemplated
Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption Voted
Appropriation of $40,372.07 from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for Richard Rennard, Dept. of Public Services.
Councillor Moved suspension of rules Councillor Object
Councillor McCarthy
Action contemplated
Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption Voted
COMMUNICATIONS FROM THE MAYOR
Appropriation of $20,000.00 from “Capital Outlay – Renovations & repairs” account to be expended for the Museum Place Parking garage drainage and electrical issues.
Councillor Moved suspension of rules Councillor Object
Councillor McCarthy
Action contemplated
Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption Voted
Appropriation of $31,725.00 from “Receipts Reserved – Sale of Lots” account to “Dept. of Public Services – Equipment” account.
Councillor Moved suspension of rules Councillor Object
Councillor McCarthy
Action contemplated
Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption Voted
COMMUNICATIONS FROM THE MAYOR
Appropriation of $9,060.07 from “Receipts Reserved – Sale of Vaults” account to “Dept. of Public Services – Equipment” account.
Councillor Moved suspension of rules Councillor Object
Councillor McCarthy
Action contemplated
Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption Voted
Appropriation of $1,995.00 from “Receipts Reserved – Sale of Lots” account to “Dept. of Public Services – Vehicle Repair” account.
Councillor Moved suspension of rules Councillor Object
Councillor McCarthy
Action contemplated
Moved Refer to Committee on Administration & Finance under rules (no suspension needed)
or
Moved Adoption Voted
ORDER: Accept the provisions of Section 4, Chapter 73 of the Acts of 1986 for Fiscal Year 2013 which allows for additional tax exemptions be granted to widows, elderly, veterans and blind property owners.
Councillor McCarthy Moved Adoption by RCV YEAS NAYS ABS
______________________________________________________________________________
COMMUNICATIONS FROM THE MAYOR
ORDER: Authorize the Mayor to execute a Grant of Easement over a portion of Beacon Avenue to Joseph D. Conley for the purpose to maintain a side yard deck.
Councillor Moved Adoption Voted
MAYOR’S INFORMATIONAL PAGE
NONE
MOTIONS, ORDERS, AND RESOLUTIONS
RESIDENTIAL FACTOR
Councillor McCarthy
ORDER: That the City of Salem adopt a RESIDENTIAL FACTOR of _ _ . _ _ _ _ % for Fiscal Year 2013
R.C.V. YEAS NAYS ABS
- moved for immediate reconsideration in the hopes it would not prevail.
OPEN SPACE EXEMPTION
Councillor McCarthy
ORDER: That the City of Salem NOT adopt an OPEN SPACE EXEMPTION for Fiscal Year 2013
R.C.V. YEAS NAYS ABS
- moved for immediate reconsideration in the hopes it would not prevail.
MOTIONS, ORDERS, & RESOLUTIONS
RESIDENTAIL EXEMPTION
Councillor McCarthy
ORDER: That the City of Salem NOT adopt a RESIDENTIAL EXEMPTION for Fiscal Year 2013.
R.C.V. YEAS NAYS ABS
- moved for immediate reconsideration in the hopes it would not prevail.
SMALL COMMERCIAL EXEMPTION
Councillor McCarthy
ORDER: That the City of Salem NOT adopt a SMALL COMMERCIAL EXEMPTION for Fiscal Year
2013.
R.C.V YEAS NAYS ABS
- moved for immediate reconsideration in the hopes it would not prevail.
MOTIONS, ORDERS & RESOLUTIONS
Councillor Ryan
ORDINANCE: to amend an Ordinance relative to Traffic Chapter 42, Section 75, Resident Sticker Parking Ord Street, both sides between Aborn Street and Butler Street.
Councillor Ryan Moved Adoption for first passage Voted
Councillor Sosnowski
ORDINANCE: to amend an Ordinance relative to Traffic Chapter 42, Section 50B, Handicap Parking Margin Street
Councillor Sosnowski Moved Adoption for first passage Voted
______________________________________________________________________________
Councillor Sosnowski
ORDINANCE: to amend an Ordinance relative to Vehicles for Hire, Chapter 44, Section 32 (c) Fees: is herby amended by deleting “fee for a decal shall be $50.00” and replace with “the fee for a decal shall be $100.00”.
Councillor Sosnowski Moved Adoption for first passage Voted
______________________________________________________________________________
MOTIONS, ORDERS & RESOLUTIONS
Councillor Sosnowski
ORDINANCE: to amend an Ordinance relative to Traffic Chapter 42, Section 50B, Handicap Parking, Repeal Read Street in front of #10.
Councillor Sosnowski Moved Adoption for first passage Voted
______________________________________________________________________________
Councillor Lovely
ORDER: That rule 32B be suspended and the enclosed matter in Committee of the Whole be carried forward into 2013
Councillor Lovely Moved Adoption Voted
Councillor McCarthy
ORDER: That rule 32B be suspended and the enclosed matter in the Committee on Administration and Finance be carried forward into 2013
Councillor McCarthy Moved Adoption Voted
MOTIONS, ORDERS & RESOLUTIONS
Councillor Sosnowski
ORDER: That rule 32B be suspended and the enclosed matter in the Committee on Ordinances, Licenses and Legal Affairs be carried forward into 2013
Councillor Sosnowski Moved Adoption Voted
Councillor Prevey
ORDER: That rule 32B be suspended and the enclosed matter in the Committee on Public Health, Safety and Environment be carried forward into 2013
Councillor Prevey Moved Adoption Voted
Councillor Ryan
ORDER: That rule 32B be suspended and the enclosed matter in the Committee on Community and Economic Development be carried forward into 2013
Councillor McCarthy Moved Adoption Voted
Councillor McCarthy
ORDER: That the Monthly Financial Report dated October 31, 2012, be referred to the Committee on Administration and Finance
Councillor McCarthy Moved Adoption Voted
MOTIONS, ORDERS & RESOLUTIONS
Councillor McCarthy
ORDER: That the moratorium on addition of monthly and yearly passes at the South Harbor
Garage be extended for six more months.
Councillor McCarthy Moved Adoption Voted
______________________________________________________________________________
COMMITTEE REPORTS
Councillor Sosnowski offered the following report for 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 licenses be granted
TAG DAY S.H.S Track Team (Girls & Boys), 12/16/12 & 1/12/13
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of three hearings on the denial of a pedicab, public guide and taxi operator license has considered said matter and would recommend that the committee move to reschedule the meeting and that the individuals be sent notice by registered mail
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a settlement by the Attorney General’s Office relative to the School Department violation of procurement and bidding laws has considered said matter and would recommend that the matter remain in committee
Accept the Report Voted
Adopt the Recommendation Voted
COMMITTEE REPORTS
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Repealing a Zoning Ordinance relative to the Business Park Development has considered said matter and would recommend establishing an OLLA subcommittee to review language on PUD/BPD Ordinance
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of the Comprehensive Parking Plan, the matter of repealing Ch. 42 Sec. 57C – Traffic Repeal Monthly Zones on Dodge St., Gedney St., Norman St. and Holyoke Sq. and the matter of traffic ordinances relative to the Comprehensive Parking Plan has considered said matter and would recommend that the proposed amended traffic changes that were submitted by the Mayor and approved by the OLLA Committee be sent to the Solicitor to write the proper supportive traffic ordinances and then return to the committee to be reported out to the full Council
Accept the Report Voted
Adopt the Recommendation Voted
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the status of the Salem Ferry has considered said matter and would recommend that the matter remain in committee
Accept the Report Voted
Adopt the Recommendation Voted
COMMITTEE REPORTS
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of Parking Revenue Collected be applied to the tax levy has considered said matter and would recommend that the matter remain in committee
Accept the Report Voted
Adopt the Recommendation Voted
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of Governing on an IPad has considered said matter and would recommend (action unknown meeting took place after agenda deadline)
Accept the Report Voted
Adopt the Recommendation Voted
Councillor Ryan offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole to whom was referred the matter of creating a City Ordinance that limits the variances issued by the Zoning Board of Appeals on density variances to no more than 120% of the original zoning laws has considered said matter and would recommend that the matter die
Accept the Report Voted
Adopt the Recommendation Voted
COMMITTEE REPORTS
Councillor Lovely offered the following report for the Committee of the Whole to whom was referred the matter of establishing a working group for the Community Preservation Act has considered said matter and would recommend (action unknown meeting took place after agenda deadline)
Accept the Report Voted
Adopt the Recommendation Voted
COMMUNICATIONS FROM CITY OFFICIALS
Communication from Councillor Joan B. Lovely submitting her resignation as Councillor at Large beginning January 1, 2013.
Councillor O’Keefe Moved that it be receive & placed on file Voted
& that the position be filled according to
Sec. 59A of the Salem City Charter
PETITIONS
Request from Free Masons to change date of approved reserved spaces for blood drive from Feb. 13, 2013 to Feb. 28, 2013 due to a scheduling conflict with the Red Cross
Action Contemplated
Councillor Sosnowski Moved Voted
Petition from National Grid to install 1 SO wood pole on Atlantic Street.
Hearing Ordered January 10, 2013
Petition from National Grid to install 86 feet of 2-4” PVC conduits in Atlantic Street and Lussier Street to the Salem State University parking lot.
Hearing Ordered January 10, 2013
PETITIONS
The following license applications:
JUNK DEALER Newark Recycled Fibers, 53 Jefferson Ave., Salem
SEAWORM Jose Machado, 138 Lynnfield St., Peabody
SECOND HAND Boston St. ReSale, 134 ½ Boston St., Salem
CLOTHING
SECOND HAND Bernard’s Jewelers, 179 Essex St., Salem
VALUABLE Game Zone, 270 Essex St., Salem
Glass & Etc., Museum Place Mall, Suite 129, Salem
Marine Arts Gallery, 135 Essex St., Salem
Once & Again, 45 Bridge St., Salem
RJ Coins & Jewelry, 68 Wharf St., Salem
Salem Coin & Jewelry, 149A North St., Salem
Spindle City Precious Metals, 161 Wilbur Ave., Somerset, MA
Tobie’s Jewelry, 142 Washington St., Salem
24/7 Coin & Jewelry, 140 Derby St., Salem
Action Contemplated
Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted
Licenses and Legal Affairs
The following license applications:
PUBLIC GUIDES Hannah Diozzi, 20 Pleasant St., Salem
Frances Marrow, 12 Strawberry Hill Ln., Salem
Carole Hartling, 37 Peach Highlands, Marblehead
Action Contemplated
Councillor Sosnowski Moved Granted Voted
PETITIONS
The Following Drainlayer/Contract Operators
J.J. O’Brien & Sons, Inc., 5 Fern St., Waltham
N. Granese & Sons, 59 Jefferson Ave., Salem
Pumel Enterprises, PO Box 2123, Danvers
R.B. Strong Excavating & Sewerage, 122 Western Ave., Gloucester
WES Construction, 650 Industrial Dr., Halifax
Action Contemplated
Councillor Sosnowski Moved Granted Voted
The Following Claims
Oleksandr Bublik, 55 Abington Rd., Danvers
Gil Torion, 30 Clark St., Salem
J.D. Scrimgeour & Eileen Fitzgerald, 48 Winthrop St., Salem
Action Contemplated
Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted
Licenses and Legal Affairs
The Following Bonds
DRAINLAYER WES Construction, 650 Industrial Dr., Halifax
Action Contemplated
Councillor Sosnowski Moved Referred to the Committee on Ordinances, Voted
Licenses and Legal Affairs & Rtn’d Approved
UNFINISHED BUSINESS
SECOND PASSAGE Ordinance amending Traffic Handicap Parking Limited Time, Jefferson Avenue.
Councillor Turiel Moved Adoption for second & final passage Voted
On the motion of Councillor the meeting adjourned at P.M.
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