A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 27, 2003 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 20, 2003 at 4:30 P.M.
Councillors O’Keefe and Driscoll were absent.
Council President Thomas H. Furey presided.
Councillor Bencal 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 introduced Jonathan King, who was in attendance working on his Boys Scout Badge.
(#215) – CONDUIT LOCATIONS ON OSGOOD STREET
A hearing was held on the Order of Massachusetts Electric Company for two (2) conduit locations on Osgood Street. A representative of Mass. Electric Company was present. There was no one opposed. The hearing was closed. Councillor Flynn moved that the request be granted. It was so voted.
#267 – APPT. DAVID TRACHT TO COMMISSION ON DISABILITIES
The Mayor’s appointment of David M. Tracht to serve on the Commission on Disabilities for a term to expire April 1, 2005, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Leary, Lovely, Harvey, Flynn, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Keefe and Driscoll were absent.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow Mr. Tracht to speak.
#268 – REAPPT. JEAN-GUY J. MARTINEAU AS DIR. OF VETERANS SERVICES
The Mayor’s reappointment of Jean-Guy J. Martineau to serve as Director of Veterans Services for a term to expire April 1, 2006, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O’Leary, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor O’Keefe was absent.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Mr. Martineau to speak.
#269 – APPR. PARKING CLERK PARKING TICKETS
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Three Thousand Five Hundred Ten Dollars ($3,510.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” account to the “Parking Clerk Parking Tickets” Accounts in accordance with the recommendation of His Honor the Mayor.
#270 – AUTHORIZE LEASE FOR SOUTHERN ESSEX WORKFORCE FOR OFFICE SPACE.
The following Order, recommended by the Mayor, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O’Leary, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor O’Keefe was absent.
ORDERED: That the Mayor is authorized to execute the attached lease between the City of Salem/Southern Essex Workforce Investment Board and Maolis Realty Trust for office space at 181 Union Street in Lynn, Massachusetts for the period April 1, 2003 through April 1, 2008.
#271 – RESOLUTION, ANNUAL DAYS OF REMEMBRANCE OF VICTIMS OF THE HOLOCAUST.
The following Order, recommended by the Mayor, was adopted.
DAYS OF REMEMBERANCE RESOLUTION
WHEREAS: The Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims – six million were murdered; Gypsies, the handicapped, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah’s witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny.
WHEREAS: The History of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments; and
WHEREAS: We the people of the City of Salem should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and tyranny, and
WHEREAS: The Days of Remembrance have been set aside for the people of the city of Salem to remember the victims of the Holocaust, as well as to reflect on the need for respect of all peoples; and
WHEREAS: Pursuant to an Act of Congress (Public Law 96-388, October 7, 1980) the United States Holocaust Memorial Council designates the Days of Remembrance of the Victims of the Holocaust, to be Sunday, April 27 through Sunday, May 4, 2003, including the international Day of Remembrance known as Yom Hashoah, April 29.
NOW, THEREFORE, BE IT RESOLVED that the week of Sunday, April 27 through Sunday, May 4, 2003, be designated as Days of Remembrance in the City of Salem in remembrance of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators and
BE IT FINALLY RESOLVED that the citizens of the City of Salem, should strive to overcome intolerance and indifference through learning and remembrance.
#272 – BOND ORDER, REFUNDING BONDS
The following Order was received after the deadline of Tuesday Noon. Councillor DeToma 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 in order to reduce interest costs, the Treasurer, with the approval of the Mayor, is authorized to issue refunding bonds, at one time or from time to time, pursuant to Chapter 44, Section 21A of the General Laws, or pursuant to any other enabling authority, to refund all or any portion of the City’s outstanding general obligation bonds originally issued as of January 15, 1994 and July 1, 1996 (collectively, the “Refunded Bonds”), and that the proceeds or any refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium and interest on the Refunded Bonds, and any and all costs of issuance of the refunding bonds authorized by this Order; and that the Treasurer is authorized to execute such documents as may be necessary or
desirable to carry out this transaction, including one or more refunding trust agreements with a bank or trust company.
#273 – MASS. DEPT. OF REVENUE ROOM OCCUPANCY REPORT
A communication from the Mayor, submitting a copy of the Massachusetts Department Revenue’s Room Occupancy Revenue report, was received and filed.
#274 – COMMUNITY DEVELOPMENT BLOCK GRANTS
A communication from the Mayor, submitting a copy of the notice of allocations for Community Development Block Grants, was received and filed.
#275 – PUBLIC EMPLOYEES RETIREMENT ADMINISTRATION REPORT
A communication from the Mayor, submitting a copy of the Public Employees Retirement Administration Commission’s report was received and filed.
#276 – NATIONAL ARBOR DAY FOUNDATION & RECOGNITION OF SUPERINTENDENT OF OPEN SPACE RICHARD RENNARD
A communication from the Mayor, submitting information from the National Arbor Day Foundation and recognition of Mr. Richard Rennard, Superintendent of Open Space, was received and filed.
#277 – CLEAN-UP OF VITALE SITE AT SALEM/BEVERLY WATER BOARD SITE
Councillor Bencal, in conjunction with Councillor Harvey, introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet with Beverly City Attorney Peter Gilmore regarding the proposed settlement with New England Power and the clean-up of the Vitale site. Also invited shall be the Beverly City Council, the Salem/Beverly Water Board, the City Engineer, the City Solicitor, and the Health Agent for the City of Salem.
#278 – FINANCIAL REPORT
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Financial report dated January 31, 2003, be received and placed on file.
#279 – RENOVATIONS OF MARY JANE LEE PARK
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That representatives of the Friends of the Mary Jane Lee Park and the Point Neighborhood Association meet with the Superintendent of the Park and Recreation Department Doug Bollen, and the Acting City Planner, Denise McClure or her designee, to set a timeline for RFP for construction of the Mary Jane Lee Park.
AND BE IT FURHTER ORDERED: That the Friends of the Mary Jane Lee Park report on the results of that meeting to the Park and Recreation Commission and to the City Council through the Committees on Community and Economic Development and Administration and Finance.
#280 – ACCEPTANCE OF GREENLEDGE STREET
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That a meeting of the Committee on Government Services be held with regard to the acceptance of Greenledge Street as a City Street and that the following people be invited to attend.
Salem Police Traffic Division, City Planner, Planning Department, City Engineer and Asst. Engineer, Fire Prevention, Building Inspectors, Owners of One Way Lumber, Spence Welding, Young World, Skin Deep Salon & Spa, Stutz Volvo.
#281 – PUBLIC EMPLOYEE RETIREMENT REPORT
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That members of the Retirement Board meet with the Administration and Finance Committee to review and discuss the PERAC examination dated March 6, 2003.
#282 – LOCATION AID REDUCTION IMPACT
Councillor DeToma, in conjunction with Councillor Bencal, introduced the following Order, which was adopted.
ORDERED: That the Joint Committees on Administration and Finance and Government Services meet to discuss the operational impact of the expected fiscal year 2004 reduction in local aid, and that the Mayor, Finance Director, Department Heads, and representatives of neighborhood groups be invited to attend.
#283 – PEABODY/ESSEX MUSEUM CONSTRUCTION UPDATE
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That the Peabody Essex Museum be invited to a Committee of the Whole meeting to discuss and update the Council on the new addition to the Museum.
#284 – BOND PAYMENT FOR CARLTON SCHOOL, LETTER FROM SUPERINTENDENT
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the attached communication from Superintendent Herbert Levine, dated March 25, 2003, relative to bond payments for the Carlton School be received and placed on file.
#285 – CROMBIE STREET HOMELESS MISSION MOVE TO VACANT ST. MARY’S PARISH PROPERTY
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That a meeting be held in the Committee on Government Services regarding the possibility of the Crombie Street Mission moving to St. Mary’s property, and that the following people be invited: Mayor Usovicz, Planner McClure, Crombie Street Board of Directors, Greater High Street Neighborhood Association, all At Large Councillors, representative of the Archdiocese.
#286 – ORDINANCE AMENDING TRAFFIC, TOW ZONE, CONGRESS STREET
Councillor Chuber 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, Tow Zone
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 74, is hereby amended by adding the following:
“Congress Street, southbound on the easterly side, adjacent to #84 Congress, for a distance of up to 120 feet. No Parking Tow Zone.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#287 – RESOLUTION – STOP THE CUTS
Councillor Chuber introduced the following Resolution, which was referred to the Committee on Administration and Finance.
Resolution Supporting the “Stop the Cuts” Campaign
Whereas, Massachusetts is facing over a $2 billion deficit, and
Whereas, Massachusetts needs new revenue to prevent deep budget cuts and to pay for education, affordable housing, child care, health care, prescription drugs, public safety, local aid, human services, and other badly needed state programs, and
Whereas, in the 1990s, the State Legislature passed 42 tax cuts – most to our state’s wealthiest corporations and individuals – that cost the Commonwealth $3.7 billion a year in lost revenue, more than the entire current deficit, and
Whereas, corporate tax loopholes cost the state hundreds of millions of dollars each year, and
Whereas, in 1968, corporate taxes made up 16% of state revenue, but today their share is only 4%, and
Whereas, many corporations use creative accounting tricks and loopholes to avoid paying their fair share of taxes, and
Whereas, closing corporate tax loopholes levels the playing field for locally owned and operated businesses, and
Whereas, quality tax-funded services like education and infrastructure help attract business to MA, and
Whereas, restoring the income tax rate is a fair and simple way, costing the average family less than a dollar a day, to raise the additional funds we need, and
Whereas, if significant revenue is not raised at the state level, the City of Salem will face increased pressure to raise property taxes and/or fees, and
Whereas, state money for local aid disproportionately helps Salem relative to the average municipality, meaning Salem residents would only pay a portion of the cost of local aid if the income tax is restored, while Salem residents would pay 100% of new property taxes and fees, and
Whereas, the burden of restoring the income tax would be carried mostly by the wealthiest taxpayers, while property taxes and fees would be less fairly distributed,
NOW, THEREFORE, BE IT RESOLVED that:
1. The Salem City Council supports the “Stop The Cuts Campaign” to limit deep cuts in local aid, education, and health and human services;
2. The Salem City Council supports raising tax revenues by closing corporate tax loopholes and repealing special-interest tax breaks, and in so doing, supports three bills currently before the House and which are attached to this resolution: two that would prohibit companies from using the single sales factor apportionment formula; and one that would require combined taxable income reporting;
The Salem City Council supports raising tax revenues by restoring the income tax rate to 5.95 percent which would produce over $1billion in revenues and which is below the 1990 levels of 6.25percent.
#288 – GRANTING CERTAIN LICENSES
Councillor O’Leary 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 SHS Girls Softball, June 7, 2003
SECOND HAND
CLOTHING St. Therese’s Thrift Shop, 135 Lafayette Street
TAXI OPERATOR Albert Calman, 203 Washington Street, Salem
Lenin Castillo, 113 Grove St., Lynn
Andrew Cheever, 23 Willson St., Salem
Paul LaBonte, 200 Eastern Ave., Lynn
Genaro Roman, 24 Ward St., Salem
Stephen Trask, 25 Young Ave., Swampscott
TAXI CAB Community Taxi, 27R Caller St., Peabody (6)
#289 – (#184) – APPR. GOLF COURSE EQUIPMENT
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 to appropriation $9,543.00 from Golf Course Receipts to Golf Course Equipment has considered said matter and would recommend approval.
#290 – (#188) – EXTENTION OF P.E.& E. DEADLINE FOR CLEAN-UP OF PLANT
Councillor Sargent left the Chamber due to a conflict of interest.
Councillor Chuber offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the power plant clean-up has considered said matter and would recommend that the City Council request the help and legal advice from the City Solicitor John Keenan and Representative Ruane to draft a resolution of support of the extension of the deadline for the power plant clean up by the City Council.
Councillor Sargent returned to the Chamber.
#291 – MEET WITH PEABODY/ESSEX MUSEUM AND HOLD SITE TOUR
A communication from the Peabody/Essex Museum, to meet with the City Council to update them on the construction project, and hold a site tour, was referred to the Committee of the Whole.
#292 - #293 – LICENSE APPLICATIONS
The following License applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAG DAY Veterans of Foreign Wars, May 28, 29, & 30, 2003
TAXI OPERATOR Evangelis Rodriguez, 55 Rainbow Terr., Salem
#294 - #310 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Madeleine Belisle, 76 Margin St., Salem
Madeleine Belisle, 76 Margin St., Salem
Tina Catalano, 5 Washington St., Reading
Danielle Chisholm, 191 Water St., Saugus
John R. Corrao, P.O. Box 462, North Salem, NH
Todd M. Cotton, 129 Norfolk Ave., Swampscott
Carol Cross, 5 Longwood Ave., Peabody
Sadie Gasinowski, 2 Hazel St., Salem
Janet Lenert, 2427 Parklake Dr., Morris, IL
Sanford M. Levy, 8 Phillips Ave., Swampscott
Paulo Lobao, 148 Boston St., Salem
Nilsa Marino, 12 Ayer St., Peabody
Kathleen Mertineit, 414 Gazebo Cir., Reading
Avril Remis, 8 Tudor St., Lynn
Lois Seligman, 8 Summit View Dr., Swampscott
Joan M. Sweeney, 22 Silver St., Salem
Marjoris Zaltman, 15 Tanglewood Ln., Salem
#311 - #312 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
SIGN S.K. realty Trust, 9-10-12 Boston St., Salem
The Plunkett Law Firm, P.S., 194 Essex St., Salem
(#116) – SECOND PASSAGE – BOND ORDER - APPR. $400,000.00 FOR CARLTON ELEMENTARY SCHOOL
The matter of second and final passage of a Bond Order, appropriating $400,000.00 for the Carlton Elementary School, was then taken up. The Bond Order was adopted for second and final passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillors O’Leary and Furey were recorded as voting in the negative. Councillor O’Keefe was absent.
(#220) – SECOND PASSAGE – BOND ORDER – APPR. $177,553.00 FOR CARLTON ELEMENTARY SCHOOL
The matter of second and final passage of a Bond Order, appropriating $177,553.00 for the Carlton Elementary School, was then taken up. The Bond Order was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O’Leary, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor O’Keefe was absent.
(#460 of 2002) – SECOND PASSAGE – ELECTRIC DEPARTMENT INSPECTION FEES
The matter of second and final passage of an Ordinance amending Electrical Fees and Inspections, was then taken up. The Ordinance was adopted for second and final passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, Lovely, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Leary and Harvey were recorded as voting the negative. Councillor O’Keefe was absent.
(#225) – SECOND PASSAGE – ORDINANCE AMENDING CLAIMS, PAYMENT OF FEES PRIOR TO SETTLEMENT
The matter of second and final passage of an Ordinance amending Claims, payment of all city fees prior to settlement, was then taken up. The Ordinance was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
On the motion of Councillor Bencal, the meeting adjourned at 7:55 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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