A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 24, 2003 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on April 17, 2003 at 6:11 P.M.
Councillors O’Leary and Harvey were absent.
Council President Thomas H. Furey presided.
Councillor DeToma 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 a moment of silence for Jeannette Harvey, Mother of Councillor Kevin Harvey, Mary O’Keefe, mother of former Councillor Brian O’Keefe, and Marsha Barton, mother of Police Lieutenant Mary Butler, who passed away this week.
#356 – APPR. $15,000.00 TO FIRE DENTAL AND MEDICAL (RETIREES)
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Councillor O’Keefe left the Chamber due to a conflict of interest.
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation Free Cash” Account to the “Fire Department Dental Medical (Retirees)” Account in accordance with the recommendation of His Honor the Mayor.
#357 – APPR. $10,000.00 TO “FIRE DENTAL AND MEDICAL”
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 “Fire Department Dental/Medical” Account in accordance with the recommendation of His Honor the Mayor.
Councillor O’Keefe returned to the Council Chamber.
#358 – APPR. PARK & RECREATION IMPROVEMENTS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Two Thousand Seven Hundred Dollars ($2,700.00) is hereby appropriated from the “Receipts Reserved Golf Course” Account to the “Park and Recreation Park Improvements” Account in accordance with the recommendation of His Honor the Mayor.
#359 – ACCEPT. CH. 44, SEC. 53E ½ REVOLVING FUND FOR WINTER ISLAND AND KERNWOOD MARINA
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the City of Salem hereby accepts the provisions of Massachusetts General Laws Chapter 44, Section 53E ½, which provides for the establishment of a public access revolving fund account.
#360 – AUTHORIZE MAYOR TO SUBMIT FISCAL YEAR 2004 C.D.B.G. APPLICATION
The following Order was recommended by the Mayor.
ORDERED: That the Mayor is hereby authorized to submit the fiscal year 2004 Community Development Block Grant Application for Federal Assistance to the Unites States Department of Housing and Urban Development for One Million Four Hundred and One Thousand Dollars ($1,401,000.00).
Councillor Driscoll requested and received unanimous consent to suspend the rules to allow Ms. Jane Guy of the Planning Department to speak.
Councillor Driscoll moved that the matter be referred to the Committee on Community and Economic Development. It was so voted.
#361 – ACCEPTANCE OF DONATION FROM MARITIMES AND NORTHEAST PIPELINE AS ADDITIONAL MITIGATION FOR WINTER ISLAND HANGER
The following Order, recommended by the Mayor, was received after the deadline of Tuesday Noon. Councillor Bencal requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
Councillor Bencal moved that the gift be accepted, and that the matter be referred to the Committee on Government Services.
ORDERED: That the City of Salem hereby accepts the following goods and/or services being donated to complete the roofing hanger at Winter Island.
Maritimes and Northeast Pipeline, L.L.C. $21,800.00
#362 – LAFAYETTE STREET TRAFFIC ISSUES, PUBLIC HEALTH COMMITTEE HOLD HEARING
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the Council Committee on Public Health, Safety and Environment conduct a hearing on vehicular traffic issues on the portion of Lafayette Street from Raymond Avenue to the Salem/Marblehead line. The Deputy Director of the Salem Department of Planning and Community Development is also requested to attend this hearing, as well as Salem Police Captain Robert Callahan. The Deputy Director of the Department of Planning and Community Development to brief the Council on the status of the proposed pedestrian actuated traffic signal at the multi-purpose Bike Trail near Rosedale. Also invited is a representative from the Massachusetts Highway Department.
#363 – PARK DEPARTMENT FLY POLISH FLAG AT RILEY PLAZA
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Park Commission fly the Polish Flag at Riley Plaza on April 29 in commemoration of the Day of Remembrance. Further, that the Park Commissioner display the Polish Flag on May 3 and May 4, in observance of Polish Constitution Day.
#364 – LETTER AND CITY SEAL TO GENERAL MANGONE OF THE NATIONAL GUARD
Councillor Chuber introduced the following Order on behalf of Councillor Furey, which was adopted.
ORDERED: That a City Seal and a letter of appreciation from the Mayor and City Council be given to General Mangone for his dedication and professionalism to keeping the history and tradition of the National Guard in Salem.
#365 – GOVERNMENT SERVICES DISCUSS TRAFFIC ISSUES ON FRANKLIN STREET
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet with the residents and businesses of Franklin Street, as well as a representative of the Police Department, to discuss any possible traffic calming solutions on Franklin Street.
#366 – FINANCIAL REPORT FOR MARCH
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Financial Report dated March 31, 2003, be received and placed on file.
#367 – ORDINANCE AMENDING TRAFFIC, TOW ZONE, LAUREL STREET
Councillor Driscoll introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and three
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 street:
“Laurel Street, westbound, on the northerly side, (opposite side of #21 Laurel Street) for a distance of sixty (60) feet. No parking Tow Zone.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#368 – PLANNER UPDATE COUNCIL ON MAJOR PROJECTS IN CITY OF SALEM
Councillor Bencal introduced the following Order on behalf of Council President Furey, which was adopted.
ORDERED: That the Committee of the Whole meet with the City Planner, Mr. Joseph Walsh, to inform the City Council of major projects around the City.
#369 – REVIEW OF PARCEL ON CLARK STREET REGARDING CONSERVATION RESTRICTION
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That a certain parcel of land located on Clark Street on Salem Assessors Map 6, Lot 11, being about 13.4 acres, that was transferred to the care and custody of the Salem Conservation Commission by the Salem City Council on April 26, 1984 and approved by Mayor Salvo on April 30, 1984, be reviewed as to the status of said transfer, and if said transfer has not officially taken place, that a joint meeting of the committee on Government Services and the Salem Conservation Commission take place to determine said status, and to remand care and custody of said parcel to the Commission, to be recorded with the Essex South District Registry of Deeds.
#370 – RESOLUTUION ON ANDREW WULF OF SALEM HIGH SCHOOL
Councillor Lovely, in conjunction with Councillor Furey, introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Andrew Wulf, a devoted teacher at Salem High School since 1994, who’s reputation for a unique approach to teaching and making the most resistant student interested in learning, has earned him the respect and praise of his students; and,
WHEREAS: Mr. Wulf ‘s involvement in school activities brings a sense of enthusiasm to his students, and makes their school experience an enjoyable one. He is characterized by his loyalty and dedication to his students, who hold him with the highest regard and admiration, as their teacher and friend; and,
WHEREAS: Mr. Wulf’s many positive contributions increases school pride among the students. He’s always gone above and beyond what is expected of a teacher, a quality that has set a good example for the youth of our City to take through a lifetime.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the students of Salem High School and the City of Salem, extend our appreciation and thanks to Andrew Wulf for his years of dedication and service to the City of Salem.
AND BE IT FURTHER RESOLVED: That a copy of this Resolution along with the Seal of the City of Salem be presented to Mr. Andrew Wulf as a token of our respect, and admiration.
#371 – 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.
TAXI OPERATOR Mohammad Ismail, 12 Pope St.
TAG DAY SHS Boy’s Track, May 4, 2003
SHS Girl’s Soccer, September 20, 2003
Knights of Columbus, October 9, 10, 11, 12, 2003
SHS Girl’s Gymnastics, November 15, 2003
#372 – (#340) – RED HERRING MORRIS DANCE ON ESSEX STREET MALL
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 request from Red Herring Morris to use the Essex Street Mall for a dance performance on May 10, 2003, has considered said matter and would recommend that the request be granted.
#373 – (#287) – STOP THE CUTS RESOLUTION
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report.
The Committee on Administration and Finance, to whom was referred a resolution to support the “Stop the cuts” campaign has considered said matter and would recommend that the resolution be adopted.
Councillor Flynn amended paragraph 6 to read, “Whereas businesses have benefited from special interest tax breaks” and approve paragraph #2.
Councillor O’Keefe moved to refer the matter to the Committee of the Whole. Councillor O’Keefe requested and received unanimous consent to withdraw his motion.
Councillor Chuber requested and received unanimous consent to suspend the rules to allow Ms. Heather Pickard of North Shore Community Action Program to speak.
Councillor Driscoll moved to divide the question. It was so voted.
Councillor Flynn’s amendment was adopted.
Councillor Driscoll moved to approve paragraph’s one through 6, as amended, and #2. It was so voted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Keefe, Lovely, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Leary and Harvey were absent.
Councillor Chuber moved that the remainder of the resolution be referred to the Committee of the Whole. It was so voted.
The adopted portion of the Resolution reads as follows:
RESOLUTION:
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, businesses have benefitted from special interest tax breaks, and
Whereas, closing corporate tax loopholes levels the playing field for locally owned and operated businesses, and
NOW, THEREFORE, BE IT RESOLVED that:
The Salem City Council supports raising tax revenues by 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 portion of the Resolution that was referred to the Committee of the Whole, reads as follows:
RESOLUTION:
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: The Salem City Council supports the “Stop The Cuts Campaign” to limit deep cuts in local aid, education, and health and human services;
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.
#374 – (#632 of 2002) – (#229) – OSGOOD STREET TRAFFIC SAFETY ISSUES
Councillor Bencal offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred Osgood Street Congestion and Osgood Street no left turn has considered said matter and would recommend the following:
1. “No Heavy Vehicles” signs be placed at the top of Osgood Street
2. Repaint all the “Stop” signs (on the street) at the corner of Osgood and East Collins Street
3. Place “Dead End” signs at the corner of East Collins and Osgood Street
4. Captain Callahan will report back to the Ward Councillor as to the recommendation of how painting lines can slow people down.
#375 – (#237) – SOUTH SALEM TRAIN STOP AND BLUE LINE EXTENSION
Councillor Bencal offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred a train stop by Salem State College and the Blue Line Extension has considered said matter and would recommend that the Committee meet on May 6 at 6:00 P.M. to revisit the matter and that the City’s Major Investment Study representatives, the City Planner, the Mayor or the Mayor’s representative, and the community be invited to appear.
#376 – (#190) – ESTABLISHMENT OF A YOUTH COMMISSION
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.
The Committee on Community and Economic Development to whom was referred the re-establishment of a city-wide Youth Commission has considered said matter and would recommend that the matter remain in Committee pending additional discussion with the administration regarding available staff resources.
#377 – CONDUIT LOCATION ON CLOVERDALE AVE.
A hearing was ordered for May 8, 2003 on the petition of Verizon for a conduit and pole location on Cloverdale Avenue.
#378 – SALEM LODGE OF ELKS WALK-A-THON ON MAY 31
The request of the Salem lodge of Elks to hold a Walk-a-thon on May 31, 2003, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#379 - #383 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
PUBLIC GUIDE Rosemary Morgan, 39 Railroad Ave., Beverly
Mindy Willis, 4 Loring Ave., Salem
TAXI OPERATOR David Doherty, 79 Harold Parker Road, Andover
TAG DAY SHS Softball, May 25, 2003
SHS Boys Lacrosse Team, May 18, 2003
#384 - #388 – CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Albert Alyamani, 12 First St., Salem
Edward Boggoch, 19 ½ Osgood St., Salem
Deborah Lawrence, 6 Indian Hill Lane, Salem
Paul Silva, 5 Margin Terr., Peabody
Maryann Wood, 642 Eastern Avenue, Lynn
#389 – DRAINLAYER BOND
The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
Whyman Landscaping, 451 Broadway, Lynnfield
(#76) – ORDINANCE – SALE OF CITY LAND – PORTION OF PROCEEDS BE DESIGNATED FOR SENIOR CENTER
The matter of second final passage of an Ordinance amending the Disposition of city land, designating a portion of the proceeds for a Senior Center, was then taken up. The Ordinance was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
(#183) – ORDINANCE AMENDING BUILDING CODE FEES AND INSPECTIONS
The matter of second and final passage of an Ordinance amending Building Code Fees and Inspections was then taken up. The Ordinance was adopted for second and final passage.
(#272) – SECOND PASSAGE – BOND ORDER, ISSUANCE OF REFUNDING BONDS
The matter of second and final passage of a Bond Order for the issuance of refunding bonds, was then taken up. The Bond Order was adopted for second and final passage by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sargent, O’Keefe, Lovely, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Leary and Harvey were recorded as voting in the negative.
On the motion of Councillor O’Keefe, the meeting adjourned at 8:30 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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