A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 21, 2002 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 15, 2002 at 2:14 P.M.
All Councillors were present.
Council President Regina R. Flynn presided.
Councillor O’Keefe 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.
#773 – CONDUIT LOCATION ON DERBY STREET AND CONGRESS STREET.
A hearing was held on the Order of Massachusetts Electric Company for 2 conduit locations on Derby Street and Congress Street. There was no one from Massachusetts Electric Company present.
Councillor Chuber moved that the matter be held until the next meeting. It was so voted.
#774 – RESOLUTION – TAX INCREMENT FINANCE AGREEMENT FOR PICKERING WHARF HOTEL
Councillor Lovely moved to take out of Order, under Communications from the Mayor, the tax increment finance agreement for the Pickering Wharf Hotel. It was so voted.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. Hillary Rockett to address the Council.
The Resolution was adopted by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Harvey, Lovely, O’Keefe, Sargent, and Flynn were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative.
Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#774A – MEMORANDUM OF UNDERSTANDING - TAX INCREMENT FINANCE AGREEMENT FOR PICKERING WHARF HOTEL
Councillor O’Keefe amended the Memorandum of Understanding to add under section “2 Parking Garage” the phrase “No parking spaces shall be reserved. The amendment was adopted.
Councillor DeToma amended to delete under section “2 Parking Garage” the second sentence, and insert in place thereof, the following: “the lease rate per parking space will be $45.00 per month, or a prepayment rate of $325.00 annually and increase at the rate of other city parking facilities. The amendment was adopted.
The Memorandum of Understanding was adopted as amended. Councillor O’Leary was recorded as opposed.
#775 – TAX INCREMENT FINANCE AGREEMENT FOR PICKERING WHARF HOTEL
Councillor Lovely moved approval of the amended tax increment finance agreement for the Pickering Wharf Hotel, as submitted by the Mayor. The agreement was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Lovely moved to return to the regular order of business. It was so voted.
PUBLIC HEARING – CLASSIFICATION OF PROPERTY FOR FISCAL YEAR 2003
A hearing was held on the issue of allocating the local property tax levy among the five (5) property classes for the fiscal year of 2003, and the residential, open space, and small commercial exemption options. This hearing was advertised in the Salem Evening News on November 13 and November 20, 2002.
President Flynn then turned the Public Hearing over to the Board of Assessors to make a presentation.
Mr. Frank Kulik, Director of the Assessing Department, gave a presentation to the City Council. A copy of said presentation is on file with the documents of this meeting.
Following the Assessors presentation, President Flynn opened the hearing to the members of the audience.
The following individuals addressed the Council on the issue of the tax rate.
Ms. Denise Flynn, Director of the Salem Chamber of Commerce
Mr. Michael Allen, homeowner and business owner
Ms. Joan Peck, business owner, & past president of the Chamber of Commerce
Mr. Dick Pabich, business owner
Mike Dennedy, homeowner from Orleans Avenue
Tim Clark, commercial property owner
Mr. Roger Legere, homeowner from Marlborough Road
Mr. James Moskovitz, homeowner from Rawlins Street
Mr. Michael Blier, homeowner from Bridge Street
Councillor O’Keefe moved that the Mayor advise the Council on the status of P.I.L.O.T. and S.I.L.O.T. negotiations for the December 5 meeting. It was so voted.
Councillor Lovely moved that the hearing be recessed until December 5, and then the Council shall meet again for a special meeting on December 10, 2002 for a final vote. It was so voted.
#776 – REAPPT. CONSTABLE
The Mayor’s reappointment of Antonio L. Vieira as a Constable for a term to expire September 3, 2005, was received and filed.
#777 – APPR. FROM RECEIPTS RESERVED TO REDUCE THE GROSS AMOUNT TO BE RAISED BY TAXATION FOR FISCAL YEAR 2003
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Six Hundred Ninety Thousand Dollars ($690,000.00) is hereby appropriated from the following “Receipts Reserved for Appropriation” Accounts to reduce the gross amount to be raised by taxation when the fiscal year 2003 tax rate is set in accordance with the recommendation of His Honor the Mayor.
Golf Course $470,000.00
Harbormaster $120,000.00
Witch House $100,000.00
Total $690,000.00
#778 – APPR. MAYOR RETIREMENT ANTICIPATION
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-Two Thousand Seventy-Three Dollars and fifteen cents ($22,073.15) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Mayor Retirement Anticipation” Account in accordance with the recommendation of His Honor the Mayor.
#779 – APPR. PUBLIC PROPERTY BUILDING MAINTENANCE
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Public Property Building Maintenance” Account in accordance with the recommendation of His Honor the Mayor.
#780 – APPR. POLICE DEPARTMENT CONTRACTED SERVICES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Six Thousand Eight Hundred Dollars ($6,800.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Police Department Contracted Services” Account in accordance with the recommendation of His Honor the Mayor.
#781 – APPR. MAYOR OTHER EXPENSES (OTA DINNERS AND GIFTS)
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 Nine Hundred Forty Four Dollars and ninety-four cents ($5,944.94) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Mayor Other Expenses” Account in accordance with the recommendation of His Honor the Mayor.
#782 – ACCEPT CH. 73, SECTION 4, ACTS OF 1986 FOR FISCAL YEAR 2003
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Harvey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the Mayor and City Council accept the provisions of Section 4, Chapter 73, of the Acts of 1986 for Fiscal Year 2003, and that such additional exemptions granted be 100% of the statutory exemption amounts, provided all other qualifications specified in said Section 4 and in Section 5, of Chapter 59 of the Massachusetts General Laws, are met.
#783 – MAYOR’S RECOMMENDATION ON TAX CLASSIFICATION
A communication was received from the Mayor after the deadline of Tuesday Noon. Councillor Harvey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
A communication from the Mayor, submitting his recommendation for the fiscal year 2003 tax classification, was received and filed.
#784 – APPR. FROM FREE CASH TO FUND THE FISCAL YEAR 2003 OPERATING BUDGET
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Harvey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Six Hundred Eight-Seven Thousand Nine Hundred Fifty-Four Dollars ($687,954.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to be applied as General Revenue to fund the fiscal year 2003 Operating Budget in accordance with the recommendation of His Honor the Mayor.
#785 – HUD’S ANNUAL ASSESSMENT ON SALEM’S PERFORMANCE AND PROGRESS
A communication from the Mayor, submitting a letter regarding H.U.D.’s Annual Assessment on Salem’s performance and progress, was received and filed.
#786 – REQUEST TO PURCHASE PAPER STREET ON QUADRANT ROAD
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the enclosed request to purchase the paper portion of Quadrant Road, be referred to the Committee on Government Services.
#787 – ORDINANCE, AMENDING STREET OPENINGS, CLOSING OF STREETS, NOTIFICATION TO ABUTTERS
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 relative to Streets and Sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 38 is hereby amended by adding Section 22, as follows:
Except in an emergency as determined and certified by the Director of Public Services, anyone that receives a permit to open up any street and/or sidewalk shall notify all abutters and abutters to the abutters, no less than three (3) business days prior to said opening. Further, anyone that causes a street closure, except in cases of emergency, shall notify all property owners and residents of that street no later than three (3) business days prior to the street closing. If the U.S. mail is used for notification, such notification must be postmarked no later than five (5) calendar days prior to the street closure.
Section 2. This Ordinance shall take effect as provided by City Charter.
#788 – ORDINANCE AMENDING TRAFFIC, SEC. 49 ENDICOTT ST., AND SEC. 51, WHALERS LANE
Councillor Lovely 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, Isolated Stop Signs and Parking Prohibited
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 49, is hereby amended by adding the following:
“Endicott Street, westbound at the intersection with Hathorne Street, Stop Sign”
Section 2. Chapter 42, Section 51, is hereby amended by adding the following:
“Whalers Lane, southbound, on the westerly side, starting one hundred and sixty-five (165) feet from First Street and extending to Fortune Way. No Parking”
Section 3. This Ordinance shall take effect as provided by City Charter.
#789 – FIVE-YEAR LEASE AGREEMENT FOR XEROX COPIER FOR CITY CLERK’S OFFICE
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the City Clerk be authorized to enter into a five (5) year lease with XEROX The Document Company, for the lease of a new Xerox 432 ST copier for the City Clerk’s Office.
#790 – COMMITTEE OF WHOLE MEETING TO DISCUSS ELDERLY EXEMPTIONS BE HELD AT COUNCIL ON AGING
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the December 3, 2002 meeting of the Committee of the Whole be held at 6:00 P.M. at the Council on Aging, 5 Broad Street.
#791 – (#730) – (#731) – USE OF 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 the following requests to use the Salem Common has considered said matter and would recommend that the following be approved.
Kathleen Weidner, 19 Bow Street, Everett, September 5, 2003
Marie Peterson, 995 Lincoln Pl., Lemon Grove, CA August 23, 2003
#792 – (#280) - LICENSING OF PUBLIC GUIDES
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 the Public Guide Ordinance has considered said matter and would recommend that the following Ordinance be adopted for first passage.
#792A – ORDINANCE AMENDING PUBLIC GUIDE LICENSES
In the year two thousand and two
An Ordinance To amend an Ordinance pertaining to Article II Public Guides
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 40, Sec. 26, Public Guides is hereby amended by deleting Article II Public Guides and inserting in place thereof the following:
DIVISION I. GENERALLY
Sec. 40-26. Required.
No person shall, upon any highway within the corporate limits, for hire or reward, act as a public guide in pointing out to any person any historical object or impart information relative thereto or direct anyone how to arrive at such object without being licensed by the City Council as a public guide. Every business owner requires a license issued by the City Council while each employee of said business is required to obtain a public guide license held under the certified business name. A public guide who also acts as a business owner must be licensed as both a public guide and a certified business owner. A public guide who is an employee of a business owner must possess a badge that identifies him as an employee of the licensed public guide and business owner, the contents of said badge
conforming to the specifications outlined in section 40-57.
Sec. 40-27. Fee; term.
The fee for each license issued under this division shall be provided in section 14-38. All licenses shall expire on December 31 of each year.
Sec. 40-28. Contents; badge of licensee.
Every license issued under this division shall set forth the name of the person licensed. The person so licensed shall, at all times while engaged in the business of guide, wear conspicuously in sight a suitable badge with the words “licensed public guide” and the number of his license thereon. Each employee of a licensed public guide and business owner shall also display a suitable badge that indicates the name and valid license number of said business owner and public guide. Neglect to comply with this section shall be sufficient cause for revocation of such license.
Sec. 40-29. Revocation.
Every person licensed as a public guide shall conduct himself in an orderly manner at all times when engaged in the business of guide. Any violation of this section shall be sufficient cause for revocation of such license.
Sec. 40-30 – 40-85. Reserved.
Section 2. This Ordinance shall take effect as provided by City Charter.
#793 – SCHEDULING OF MEETINGS FOR ADMINISTRATION AND FINANCE COMMITTEE
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 matters in committee has considered said matter and would recommend various matters in committee be held or acted upon.
#794 – INFLAMMABLE APPLICATION 450 HIGHLAND AVE.-WALMART
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 the inflammable application for 450 Highland Avenue (Wal-Mart) has considered said matter and would recommend that a public hearing be scheduled for December 5, 2002.
#795 – (#390) – STATUS OF CAMP NAUMKEAG-TURN OVER TO PARK & RECREATION COMMISSION
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 Camp Naumkeag has considered said matter and would recommend that the City Solicitor prepare a Home Rule Petition to turn Camp Naumkeag over to the Park & Recreation Commission and that the City Solicitor return the petition to the City Council for approval.
#796 – COMM. FROM JUDITH VENUTO REGARDING COMMUNITY CONCERNS
A communication from Judith Venuto regarding community concerns was referred to the Committee on Government Services.
#797 – #798 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
SECOND HAND VALUABLE
The Yard Sale, 318 Derby Street
TAG DAY
S.H.S. Girls & Boys Basketball Boosters, January 11, 2003 & Feb. 2, 2003
#799 - #800 – CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Robert C. Seamans, III, 840 Hale St., Beverly
Thomas George Assoc. LTD for Liberty Mutual, P.O. Box 30, East
Northport, NY
#801 – CONSTABLE BOND
The following Constable Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
Antonio L. Viera, 7 Sabion Farm Rd., Peabody
#802 – COMMUNICATION FROM D.P.W. DIRECTOR REGARDING WATER SYSTEM IMPROVEMENTS
Councillor O’Keefe moved that the Communication from Mr. Stanley Bornstein, Director of Public Services, regarding the water system improvement program, be received and filed. It was so voted.
On the motion of Councillor O’Keefe, the meeting adjourned at 9:00 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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