A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 23, 2003 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 17, 2003 at 12:42 P.M.
Councillor Harvey was absent.
Council President Thomas H. Furey presided.
Councillor O’Leary 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.
President Furey requested that a moment of silence be observed for the late James Manning.
#61 – MAYOR ADDRESSING COUNCIL REGARDING LOCAL AID FROM THE STATE
Under the provisions of Section 19 of the City of Salem Charter, the Mayor will address the City Council to update them on the budget situation with regard to the reduction of state local aid.
#62 – CONDUIT LOCATION ON CLARK AVE.
A hearing was held on the Order of Massachusetts Electric Company for a conduit location on Clark Avenue. Appearing in favor was the Engineer from Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor Lovely moved that the permit be granted. It was so voted.
#63 – APPT. RUTH KAPNIS TO CEMETERY COMMISSION
The Mayor’s appointment of Ruth A. Kapnis to serve as a member of the Cemetery Commission for a term to expire January 23, 2006, was confirmed under suspension of the rules, by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor Harvey was absent.
Councillor Bencal requested and received unanimous consent to suspend the rules to allow Mrs. Kapnis to speak.
#64 – APPT. MARY E. MADORE TO BOARD OF HEALTH
The Mayor’s appointment of Mary E. Madore to serve as a member of the Board of Health for a term to expire the first Monday in January 2006, was held until the next meeting upon the objections of Councillor O’Keefe.
#65 - #66 – CONSTABLES
The Mayor’s appointment and reappointment of the following Constables for terms as designated, was received and filed.
Fernando Manuel Valadao, for a term to expire January 23, 2005
Frank P. Salvo, for a term to expire January 23, 2006
#67 – BOND ORDER – WATER SYSTEM INFRASTRUCTURE IMPROVEMENT AND LAYING OF WATER MAINS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Twelve Million Dollars ($12,000,000.00) be and hereby is appropriated for the purpose of paying costs of engineering services for plans and specifications related to making various water system improvements in the City and also for the payment of cost associated with the laying and relaying of water mains, construction of booster stations, and the construction of all other related appurtenances, and also for the payment of all other costs incidental and related thereto, and that to raise the appropriation the City Treasurer, with the approval of the Mayor, is authorized to borrow the sum of Twelve Million Dollars ($12,000,000.00), under and pursuant to Chapter 44, Sections 7 and 8 of the Massachusetts General Laws, as amended and supplemented, or pursuant to any
other enabling authority, and to issue bonds or notes of the City therefore.
#68 – 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.
#69 – APPR. PUBLIC PROPERTY BUILDING MAINTENANCE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) 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.
#70 – APPR. CITY COUNCIL ADVERTISING
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the City Council Advertising” Account in accordance with the recommendation of His Honor the Mayor.
#71 – RESOLUTION DESIGNATING 2003 AS KOREAN WAR VETERANS REMEMBERANCE YEAR
The following Resolution, recommended by the Mayor, was adopted.
RESOLUTION:
WHEREAS; As we enter the year 2003, the 50th anniversary year of the Korean War Armistice, when the shooting stopped at 10:00 P.M. on July 23, 1953, the United States and the Republic of Korea Armed Forces, together with those of the 20 nations who joined them in the fierce, three year Korean War; and
WHEREAS: These United Nations Forces, stood victorious over communist aggression at the 38th parallel, having 1.8 million of our own American service members, who defended freedom for Korea and the Free World; and
WHEREAS: Many of our own Salem Citizens, served in Korea, suffered and even died under some of the most adverse circumstances ever seen in any armed conflict; and
WHEREAS: When these defenders of Freedom came home, they had no parades or recognition; and many veterans encountered indifference, at best, and most had difficulty securing even the token benefits afforded other American combat veterans; and
WHEREAS; It is time for the nation to “Pause and Remember” the Korean War and do justice to the veterans who served, and their families; and
WHERAS: The U.S. Congress authorized the Secretary of Defense to coordinate, support and facilitate programs of the federal, state, and local governments to commemorate the Korean War.
NOW, THEREFORE, I, STANLEY J. USOVICZ, JR., MAYOR OF SALEM, DO HEREBY PROCLAIM THE YEAR 2003 AS “KOREAN WAR VETERANS REMEMBERANCE” YEAR in the City of Salem, Massachusetts, and ask that all the citizens of Salem take the time to pause and remember the Korean War Veterans and all the veterans of Salem for their unselfish sacrifices and outstanding service.
#72 – CLOSING OF FOREST RIVER POOL BE STUDIED BY ADMINISTRATION AND FINANCE COMMITTEE
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the Park and Recreation Commission and the Park Superintendent meet with the Council’s Committee on Administration and Finance to discuss mechanisms to keep the Forest River Pool open this coming season.
#73 – RESOLUTION SUPPORTING A MORATORIUM ON STATE APPROVAL OF CHARTER SCHOOLS.
Councillor Chuber introduced the following Resolution, which was referred to the Committee on Administration and Finance.
RESOLUTION:
WHEREAS; the state of Massachusetts is facing a fiscal crises, and
WHEREAS; the Salem City Council believes the Commonwealth should direct its scarce resources to meeting existing commitments to public education; and
WHEREAS; undertaking expensive new initiatives would burden school districts with millions of dollars in additional unfounded mandates;
BE IT RESOLVED: That the Salem City Council calls on its Representative J. Michael Ruane and Senator Frederick E. Berry to support passage of the O’Brien Pacheco Charter School Bill that reads in part:
The Board of Education shall not grant a commonwealth charter to any applicant for a period of three years, retroactive to January 1, 2003.
Copies of this resolution shall be forwarded to Senators Frederick E. Berry and Marc R. Pacheco, and Representatives J. Michael Ruane and Thomas J. O’Brien.
#74 – FINANCIAL REPORT BE RECEIVED AND FILED
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Financial Reports dated December 31, 2002 be received and placed on file.
#75 – SECOND ECONOMIC SUMMIT BE HELD, SPONSORED BY MAYOR AND CITY COUNCIL
Councillor Driscoll introduced the following Resolution, which was adopted. Councillor O’Leary was recorded as “opposed”.
RESOLUTION:
WHEREAS, The city is likely to be facing the loss of significant dollars from the state’s allocation of local aid to cities and towns, and
WHEREAS, in addition to the decrease in local aid, the City will also be faced with a $2.2 million dollar reduction in revenues from the Salem Harbor Power Plant.
NOW, THEREFORE, BE IT HEREBY RESOLVED AS FOLLOWS:
That a second Economic Summit, jointly sponsored by the Mayor and City Council, be held as soon as possible to identify and discuss the impact of anticipated revenue reductions, as well as strategies to address these impacts.
#76 – ORDINANCE AMENDING DISPOSITION OF CITY LAND, PORTION OF PROCEEDS BE DESIGNATED FOR SENIOR CENTER
Councillor Bencal introduced the following Ordinance, which was referred to the Committee on Administration and Finance.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to the disposition of city-owned land
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Division 4, is hereby amended by adding the following new section:
Sec. 2-1638 . Proceeds from disposition of city land, senior center
No less than fifty percent of all proceeds received by the sale of city land, as described in Section 2, Article IX of this code of ordinances, shall be placed into a fund to be used exclusively for the purpose of acquiring, maintaining, building, renting, leasing, or rehabilitating a senior center. The percentage of monies to be set aside for this purpose may be increased, on an individual sale basis, by a majority vote of the City Council and with the concurrence of the Mayor. The set aside provisions of this Ordinance may be reduced by request of the Mayor and a two-thirds vote of the City Council. The Council on Aging shall manage this fund and any funds to be expended shall be subject to City Council approval.
Section 2. This Ordinance shall take effect as provided by City Charter.
#77 – ADDITIONAL FUNDING FOR FRIENDSHIP, AT PARTNERSHIP’S REQUEST
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That the Salem Partnership be invited before the Committee on Administration and Finance to present and detail their request for $40,000.00 is additional funding for the Friendship that they submitted to the Park and Recreation Commission at their last meeting.
#78 – UPGRADE QUALITY OF SOUND SYSTEM IN CITY COUNCIL CHAMBER
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet with a representative of Salem Access Television relative to the sound quality of the Council broadcast as well as the possible installation of a sound amplification system for the Council Chamber, provided it comes at no cost to the City. Also invited shall be a representative of Salem State College Audio-Visual Department, a representative of the Planning Department, Building Inspector, and the Assistant City Solicitor.
#79 – INCREASING FINES FOR NOT SHOVELING SIDEWALKS AND PLOWING SNOW ONTO SIDEWALKS
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses, and Legal Affairs meet to study the possibility of increasing the fines for non-residential buildings that fail to obey the ordinance about shoveling snow, and the fines commensurate with the square footage of their sidewalk, as well as for throwing snow onto somebody else’s property. Also to be included is the matter of the removal of snow from commercial property and the snow being placed onto the sidewalk.
#80 – USE OF SALEM COMMON FOR SUMMER CONCERTS BY SALEM COMMON NEIGHBORHOOD ASSOCIATION.
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the attached request of the Salem Common Neighborhood Association to hold their summer concert series on the Salem Common on Thursday evenings during July and August be referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#81 – CITY-WIDE COPY MACHINE CONTRACTS BE STUDIED BY ADMINISTRATION AND FINANCE
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Purchasing Agent and the Business Manager for the School Department be invited to appear before the Committee on Administration and Finance, to discuss the process for contracting for copy machines and supplies for both the City and School Department.
#82 – PERCENTAGE OF AFFORDABLE HOUSING REQUIRED
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development study the issue of the percentage of affordable housing required as it relates to new development in Salem, and report back to the full Council concerning:
#1 The need for such a program
#2 How to implement an affordable housing program if necessary
The Committee will invite the Planning Board, Planning Department, City Solicitor, and interested community groups and any other interested party.
#83 – 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.
FORTUNETELLING Shawn Poirier, 64 Beaver Street, Salem
PUBLIC GUIDE Michael C. Metzger, 25 Shepard St., Marblehead
Rich W. Metzger, 25 Shepard St., Marblehead
Susan P. Metzger, 25 Shepard St., Marblehead
Leah A. Schmidt, 640 Revere Beach Blvd., Revere
SECOND HAND Samantha’s Boutique, 205 Essex St., Salem
VALUABLE Antiques at 285 Derby St., 285 Derby St., Salem
TAXI OPERATOR David Riley, 136 Shore Drive, Peabody
LIMOUSINE Dave Jalbert & Son’s Inc., 240 Canal St., Salem (3)
VEHICLES FOR HIRE Salem Surrey Bike Tours, LLC, 25 Shepard St.,
(PEDICAB) Marblehead (3)
#84 – (#25) – SALEM STATE COLLEGE WELLNESS FAIR ROAD RACE
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 a request to use city streets for a road race has considered said matter and would recommend that the following be granted.
Salem State College Wellness Fair and Road Race on April 27, 2003 at 9:00 P.M.
#85 – (#5) – APPR. FIRE DEPARTMENT FULL TIME SALARY
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor O’Keefe did not vote on this matter.
The Committee on Administration and Finance to whom was referred an appropriation of $116,351.95 from Free Cash to Fire Department Salaries full time account has considered said matter and would recommend approval.
#86 – (#903) – EASEMENT FOR BEVERLY COOPERATIVE BANK FOR LAND AT 315 DERBY STREET
Councillor Driscoll offered the following report for the Committee on Community and Economic Development. 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, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor Harvey was absent.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Community and Economic Development to whom was referred a grant of easement to Beverly Co-Operative Bank has considered said matter and would recommend that the easement be granted, subject to compliance with M.G.L. Ch. 30B and final review of the actual easement language by the City Solicitor.
#87 – (#6) – APPR. POLICE DEPARTMENT SALARIES
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 appropriation of $80,099.36 from Free Cash to Police Department Salaries full time has considered said matter and would recommend approval.
#88 – PLANNING BOARD RECOMMENDATION TO ZONING CHANGE FOR HIGHLAND AVE.
A communication from the Planning Board submitting their recommendation for a proposed Zoning change on Highland Avenue, was referred to the Committee on Community and Economic Development.
#89 – USE OF SALEM COMMON FOR HISPANIC FESTIVAL ON JULY 19, 2003
The request from Nelly Matos to use the Salem Common for a Hispanic Festival on July 19, 2003, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#90 – USE OF SALEM COMMON BY INDEPENDENT LIVING CENTER FOR WALK ON SEPTEMBER 13 & 14, 2003
The request from the Independent Living Center to hold a walk and use the Salem Common on September 13 and 14, 2003, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#91 – MAIN STREET PROGRAM REQUEST TO MEET WITH CITY COUNCIL
A communication from Deborah Greel, Director of the Salem Main Streets Program, requesting to meet with the City Council regarding the revitalization of the downtown, was referred to the Committee of the Whole.
#92 - #97 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAG DAY German/American Partnership Program, February 22, 2003
SHS Girls Track, February 1, 2003
SHS Jazz Band, March 8, 2003
SHS Boys Tennis, April 5, 2003
SHS Concert Band & Percussion, May 10, 2003
FORTUNETELLING
STORE Angelica of the Angels, 7 Central Street
#98 - #99 – DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS
The following Drainlayer/Contract Operator license application was granted.
J.W. Darrah Ltd, 6-12 West Rd., Londonderry, NH
#100 - #107 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Pamela S. Bayne, 2105 Lewis O Gray Drive, Saugus
Yale Cohen, 166 Essex St., Beverly
Jennifer M. Galante, 35 David St., Woburn
Christine Karono, 37 Railroad Avenue, Beverly
Susan Leblang, 5 Will Sawyer Road, Peabody
Bradley J. Sontz, 82 Sanderson Avenue, Lynn
Jennifer Schoch, 21 Clark Road, Peabody
Alice A. Williams, 3 Cleveland Road, Salem
#108 - #109 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
DRAINLAYER J.W. Darrah LTd, 6-12 West Road, Londonderry NH
R.B. Strong Excavating, 122 Western Ave., Gloucester
CONSTABLE Fernando Valadao, 50 Hanson Street, Salem
Frank Salvo, 24 Riverview Ave., Danvers
(#7) – ORDINANCE AMENDING STREETS AND SIDEWALKS, NOTIFICATION TO ABUTTERS FOR OPENINGS IN EXCESS OF ONE DAY
The matter of second and final passage of an Ordinance amending Streets and Sidewalks, openings in excess of one day, was then taken up. The Ordinance was adopted for second and final passage. Councillor O’Keefe was recorded as opposed.
On the motion of Councillor Lovely, the meeting adjourned at 8:35 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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