A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 27, 2001 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 21, 2001 at 2:11 P.M.
Councillor Flynn was absent due to the death of her Mother-in-law.
Council President Joan B. Lovely presided.
Councillor O'Leary moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Lovely requested that everyone please rise to recite the Pledge of Allegiance.
#621 - MASS. ELECTRIC COMPANY AND VERIZON, JOINT POLE ON CONGRESS ST.
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint pole location on Congress Street. Appearing in favor was Mr. Richard Picone of Verizon. There was no one opposed. The hearing was closed. Councillor Harvey moved that the petition be granted. It was so voted.
#622 - MASS. ELECTRIC COMPANY, CONDUIT ON DERBY STREET
A hearing was held on the Order of Massachusetts Electric Company for a conduit location on Derby Street. Appearing in favor was a gentleman from Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor Harvey moved that the petition be granted. It was so voted.
#623 - APPR. CEMETERY AND SHADE TREE OVERTIME SALARIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the "Cemetery - Sale of Lots" Account to the following Accounts:
"Cemetery - Salaries - Overtime" $5,000.00
"Cemetery - Salaries - Seasonal" $5,000.00
"ShadeTree-Salaries-Overtime" $5,000.00
in accordance with the recommendation of His Honor the Mayor.
#624 - APPR. CEMETERY RENTAL AND LEASE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of One Thousand Nine Hundred Sixty Dollars ($1,960.00) is hereby appropriated from the "Cemetery - Perpetual Care" Account to the "Cemetery - Rental and Lease" Account in accordance with the recommendation of His Honor the Mayor.
#625 - RESOLUTION-MUTUAL COOPERATION AGREEMENT FOR NORTH SHORE HOME CONSORTIUM
The following Order, recommended by the Mayor, was adopted.
Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Jane Guy to speak.
RESOLUTION: CONCERNING A MUTUAL COOPERATION AGREEMENT WITH SEVERAL NORTH SHORE COMMUNITIES TO JOIN THE NORTH SHORE HOME CONSORTIUM
RESOLVED: It is hereby resolved that the Mayor, as the Chief Elected Official of the City of Salem, is authorized to enter into a Mutual Cooperation Agreement with the North Shore HOME Consortium for the purpose of joining the Consortium.
It is further resolved that by joining the Consortium, the City of Salem and other members of the Consortium will be eligible to receive funding through the federal HOME (Housing Investment Partnerships Program) from the United States Department of Housing and Urban Development. These funds from the HOME program will be used to develop housing that is affordable for the City of Salem's low and moderate income residents in the form of assistance to homebuyers, housing rehabilitation activities, new construction, rental subsidies and other uses as may be allowed by this program.
#626 - (#520) MAYOR'S VETO OF ORDINANCE RELATIVE TO DISPOSITION OF CITY LAND, NOTIFICATION TO ABUTTERS, AND COUNCIL APPROVAL OF ALL TRANSACTIONS
The following Veto was received from the Mayor after the deadline of Tuesday noon. Councillor O'Leary requested and received unanimous consent to suspend the rules. No action for seven days under the provisions of the Charter.
To the City Council
City Hall
Salem, Massachusetts
Ladies and Gentlemen of the Council:
I am returning herewith Council Order #520, dated July 19, 2001 VETOED.
I must return this amendment to the ordinance to you Vetoed. As passed by City Council, the amendment is in conflict and inconsistent with the laws of the Commonwealth of Massachusetts which specifically control the disposition of tax-title property.
The state legislature of the Commonwealth has unequivocally decided to treat "tax-title" property - property that is taken after being foreclosed for non-payment of city property taxes - in a different way than it treats all other types of city-owned land. (For further clarification of this important distinction, see Massachusetts General Laws Chapter 60, Section 77B, which is included in City Solicitor John Keenan's Opinion Letter of September 24, 2001). I believe that it is the intent of the Legislature to treat this tax-title property differently from all other property so that cities and towns could return it to the tax rolls as soon as possible.
For years, the City of Salem had let tax title properties languish, leaving them off the tax rolls and leaving buildings to decay in neighborhoods around the city. That is why my Administration has worked diligently, following this state law, to put these tax-title lands back on the tax rolls. In doing so, we have recovered over $1 million in delinquent tax payments - not to mention the taxes we will receive in the future - and have made unproductive properties productive once more. We will continue in this effort to enhance the City's financial position and help ease the tax burden on our residents.
For these reasons, I cannot approve any amendment, which conflicts with state law by attempting to curtail an appropriate and important Executive function, as afforded by the state legislature.
However, I do understand the intent behind the City Council's effort to pass such an amendment, and I certainly am in agreement with the desire to give better notice to neighbors prior to tax-title auctions. The most recent sale of tax-title property showed us that the City lacked a sufficient system for providing an opportunity for informing all abutters, to be sure residents can know about and comment on upcoming tax-title auctions. This is especially important in those rare cases when large-sized parcels are involved.
As I have said before, the City's Finance and Treasurer's departments did nothing improper in this sale - a fact with has been confirmed by rulings from the offices of the City Solicitor, Attorney General, and Inspector General. However, we can and will do better in the future, to go beyond what the law requires us to do. As Mayor, I am committed to making sure that happens. And working with the Council I am sure that together we can find the right procedures and safeguards for the future.
I have already asked my staff to prepare new procedures for future auctions, and have told them to be guided by three fundamental principles: (1) Increasing public's knowledge of upcoming auctions, (2) Ensuring that the City Council and all City Departments are made aware of upcoming tax-title sales, and (3) Providing an opportunity for all interested parties to comment before a tax-title sale goes forward. The notification process I am calling for will include notice by mail to abutters and other property owners within 300 feet of the property line of the parcel to be auctioned. These notices, which will also be mailed to members of the City Council, will include a description of the parcels, map references and other identifying information. Finally, these notices will be sent 30-days in
advance of the auction date, allowing time for review and comment from neighbors and other interested parties.
These procedures I intend to implement are far more stringent than required by law; for example, state law only requires a 14 day notice, and that notice is only required to be sent to the prior owner of the parcel to be sold and posted in two or more "convenient and public places" in the city. But I intend to go beyond what state law requires of us in order to fully address the legitimate concerns raised by some neighbors following the December 14, 2000 auction of the Dell St. property. I hope the Council will join me in reviewing and finalizing this new procedure so that we can work together on our shared interest in improving this process.
There is an old adage that "bad cases make bad law." That's what would happen if I were to sign an ordinance that conflicts with state law as a way to repair the situation caused by one auction. But I know that working together we can craft a solution that is both legal and that meets the goal that both the City Council and I have - to better inform our residents and hear their input about the decisions that affect their lives.
I respectfully request that the City Council sustain this VETO.
Very truly yours,
S/ STANLEY J. USOVICZ, JR.
MAYOR
#627 - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, #19 SUTTON AVE.
Councillor LaCava introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
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:
"Sutton Avenue, westbound opposite #1 9 Sutton Avenue, for a distance of twenty (20) feet. Handicap Parking - Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter.
#628 - CHURCH STREET PARKING, FREE PARKING FOR ADJACENT BUSINESS CUSTOMERS
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the communication from Tom Philbin dated September 2, 2001 regarding Church Street Parking be received and placed on file.
Also that Mr. James Hacker, Parking Director report the progress by the next City Council meeting.
#629 - NON-BINDING QUESTIONS ON MUNICIPAL BALLOT REGARDING BOARD OF HEALTH SMOKING BAN
Councillor Driscoll introduced the following Order.
ORDERED: That the City Clerk be authorized to include the following questions on the November 6, 2001 ballot, as non-binding questions:
1. Do you support the current Salem Board of Health Regulation #24 which prohibits smoking in restaurants, bar areas of restaurants, bars, public waiting rooms, toilet rooms, and all areas of these establishments?
2. Would you support an amendment to the smoking regulation which would permit smoking in Salem restaurants and bars after 10:00 p.m.?
3. Would you support a statewide ban that prohibits smoking in all restaurants and bars in the Commonwealth of Massachusetts?
Councillor O'Leary assumed the chair. President Lovely resumed the Chair.
Councillor Hayes requested and received unanimous consent to suspend the rules to allow the audience and representatives of the restaurant owners to speak.
Councillor DeToma moved to reverse the order of the questions as follows:
#1 - State Ban
#2 - Board of Health Regulation
#3 - Comprise time
The motion was defeated by a roll call vote of 2 yeas, 8 nays, 1 absent. Councillors LaCava and DeToma were recorded as voting in the affirmative. Councillors Sargent, O'Leary, O'Keefe, Hayes, Harvey, Furey, Driscoll, and Lovely were recorded as voting in the negative. Councillor Flynn was absent.
Councillor DeToma moved to revise the language of the questions from the language in the letter from the Restaurant Association, to read as introduced. It was so voted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, Hayes, Harvey, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors LaCava and Furey were recorded as voting in the negative. Councillor Flynn was absent.
Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Order was adopted as amended by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, O'Leary, O'Keefe, Hayes, Harvey, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors LaCava and Furey were recorded as voting in the negative. Councillor Flynn was absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#630 - PREPARE REPORT FOR COMMUNITY PRESERVATION ACT
Councillor Driscoll introduced the following Order, which was referred to the Committee on Administration and Finance. Councillors Hayes and Harvey were recorded as 'opposed'.
ORDERED:
Whereas, the Governor and the General Court of the 'Commonwealth of Massachusetts recently adopted the Community Preservation Act, and
Whereas, this legislation enables cities and towns that accept the provisions of this statute to establish Local land banks for land acquisition aimed at protecting open space, preserving historic resources, creating recreational areas and affordable housing, and
Whereas, in order to qualify for funding under this legislation, the City and voters would have to adopt a surcharge on municipal real estate taxes of an amount up to 3%,
NOW, THEREFORE BE IT ORDERED, as follows:
That the City's Finance Director, Assessor, and City Planner prepare a report for the City Council that reviews and analyzes the potential impact, both positive and negative, that adoption of the Community Preservation Act would have on residents in the City of Salem. In particular, this report should include a projection of the range of annual estimated revenues available to the City, potential projects which would qualify for funding , and an analysis of the impact that passage of this measure would have on the 9
average residential tax bill. Said report shall be provided to the City Council by November 1, 2001.
#631 - GRANTING CERTAIN LICENSES
Councillor Hayes 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
Teisha Babineau, 5 Barton St., Salem
Edward M. Bielski, 2 Flint St., Salem
William Casey, 7 Swampscott Ave., Peabody
Milo Cheryl, 122 Bridge St., Beverly
Robert Conway, 25 Winter Island Road, Salem
Robert DeGrass, 124 Foster Rd., Swampscott
Kevin Guilfoyle, 16 Northend Ave., Salem
Shane Jalbert, 9 Maryvale Ln., Peabody
Domingo Perez, 12 Pope St., Salem
Frank Reyes, 26 Harwood St., Lynn
Nelson Rozen, 127 Hamilton Ave., Lynn
Leonard Ryan, 7 Euclid Rd., Lynn
Stephen Yandell, 4 Duck Pond Rd., Beverly
William Zieman, 298 Nahant Rd., Nahant
TAG DAY
Knights of Columbus, October 11, 12, and 14, 2001
S.H.S. Football Boosters, October 13, 2001
S.H.S. Boys Soccer, October 20, 2001
S.H.S. Football Cheerleader Boosters, November 3, 2001
Witch City Post #1524, November 11 and 12, 2001
S.H.S. Marching Band, May 11, 2002
D.A.V. Salem Chapter #84, May 23, 24, and 25, 2002
#632 - (#599) USE OF SALEM COMMON BY PEABODY/ESSEX MUSEUM FOR MILITARY PARK DEDICATION ON MAY 4, 2002
Councillor Hayes 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 use of the Salem Common for the Peabody/Essex Museum to hold a parade and military park dedication on May 4, 2002 has considered said matter and would recommend approval.
#633 - (#600) USE OF SALEM COMMON FOR WEDDING
Councillor Hayes 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 use of the Salem Common for Kari Baron to hold a wedding on June 1, 2002, has considered said matter and would recommend approval.
#634 - (#601) USE OF SALEM COMMON BY IMMACULATE CONCEPTION CHURCH FOR RELIGIOUS EVENT
Councillor Hayes 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 use of the Salem Common by Peter Campbell of the Immaculate Conception Church, to hold a religious event on August 24, 2002, has considered said matter and would recommend approval.
#635 - (#560) - APPR. CAPITAL IMPROVEMENT FOR POLICE DEPARTMENT CRUISERS, PRISONER TRANSPORT, AND PICK-UP TRUCK
Councillor Driscoll 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 $266,774.00 from Capital Outlay for police Cruisers, a prisoner transport van, and a pick-up truck has considered said matter and would recommend approval of same.
#636 - (#513) - PROJECT MANAGEMENT AGREEMENT WITH KVA ASSOCIATES FOR SCHOOL PROJECTS
Councillor Driscoll 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 a project management agreement between the City and KV Associates has considered said matter and would recommend approval of the order.
#637 - (#561) - APPR. DEPARTMENT OF PUBLIC SERVICES SEWER
Councillor Driscoll 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 $200,000.00 from "Retained Earnings Sewer" to "Public Services Sewer" Account to repair Collins Cove area sewer and drainage system has considered said matter and would recommend approval.
#638 - CONDUIT LOCATION ON CHARTER STREET
A hearing was ordered for October 11, 2001 on the petition of Massachusetts Electric Company for a conduit location on Charter Street.
#639 - CONDUIT LOCATION ON SUMMER, NORMAN, AND GEDNEY STREETS
A hearing was ordered for October 11, 2001 on the petition of New England Electric Service Communications for a conduit on Summer Street between Norman and Gedney Street.
#640 - DUNKIN DONUTS REQUEST FOR EXTENDED HOURS AT 272 HIGHLAND AVENUE
A hearing was ordered for October 11, 2001 on the request of Claudio Santos, owner of Dunkin Donuts, 272 Highland Avenue, for extended hours of operation.
#641 - TEMPORARY FORTUNETELLING STORE LICENSE OF DIANA MCKANAS
The request of Diana McKanas of the Salem Psychic Center for a temporary Fortunetelling Store license for the month of October was referred to the Committee on Ordinances, Licenses, and Legal Affairs to report at the next meeting.
#642 - #643 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAXI OPERATOR
Howard Dow, 13 Rainbow Terrace, Salem
TAG DAY
Salem State Men's Lacrosse, October 21, 26, 27, and 28, 2001
#644 - #647 - CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Pamela Brossoit, 22 Harrison road, Salem
Deborah A. Dammeyer, 32 Bass Avenue, Gloucester
William Gateman, 93 Atlantic Avenue, Swampscott
Marlene Guy, 22 West Avenue, Salem
(#578) - ORDINANCE AMENDING TRAFFIC, SECTION 50B, HANDICAP PARKING, BARSTOW STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking on Barstow Street, was then taken up. The Ordinance was adopted for second and final passage.
(#579) - ORDINANCE AMENDING TRAFFIC, SECTION 50B, HANDICAP PARKING, GOODHUE STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking on Goodhue Street, was then taken up. The Ordinance was adopted for second and final passage.
(#580) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, SECTION 75, RESIDENT PARKING, HALLOWEEN, ADDITIONAL STREETS
The matter of second and final passage of an Ordinance amending Traffic, Resident Parking for Halloween, adding additional streets, was then taken up. The Ordinance was adopted for second and final passage.
(#588) - ORDINANCE AMENDING TRAFFIC, SECTION 50B, HANDICAP PARKING, MARGIN STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking on Margin Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O'Leary, the meeting adjourned at 8:35 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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