A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 25, 2003 at 7:30 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 19, 2003 at 11:44 A.M.
All Councillors were present.
Council President Thomas H. Furey presided.
Councillor Chuber 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 receipt the Pledge of Allegiance.
#692 – REQUEST OF BEVERLY REPRESENTATIVE GRANT TO AMEND COMPOSITION OF THE SALEM/BEVERLY WATER SUPPLY BOARD
Councillor Harvey moved to take out of order, under Petitions, a communication from Representative Mary E. Grant, regarding the composition of the Salem/Beverly Water Board. It was so voted.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Representative Grant and Representative Ruane to speak.
Councillor Harvey moved that the matter be referred to the Committee on Public Health, Safety, and the Environment. It was so voted.
#673 – REAPPT. CONSTABLE
The Mayor’s reappointment of the following Constable was received and filed.
Christopher P. Chigas, 10 Lowell St., Peabody
#674 – REFERRAL OF PROJECT AT 16 BROADWAY TO MASS. DEVELOPMENT FINANCE AUTHORITY
The following Order, recommended by he Mayor, was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
WHEREAS, the Massachusetts Development Agency (the “Agency”) has received an inquiry from Soundown Corporation, the Smullin Corporation, Inc., and Joseph I. Smullin, Trustee of 16 Broadway Trust (collectively, the “Sponsor”, which term includes any parent, subsidiary or related affiliated entity) as a potential Sponsor of a project to be financed by the Agency, to consist of certain industrial development facilities to be located in the City of Salem, Massachusetts, and being generally described as the financing and refinancing of (i) the acquisition of certain real property and an existing manufacturing facility located at 16 Broadway, Salem, Massachusetts to be owned by the Sponsor and used in the manufacturing of noise control products: (ii) the renovation of the manufacturing facility; (iii) the acquisition of
equipment for the manufacturing facility; and (iv) the payments of capitalized interest and costs of issuance of the bonds (the “project”); all as more fully descried in the Sponsor’s application for tax-exempt financing;
WHEREAS, the sponsor has made application to the Agency for the financing of the Project through the issuance of its Revenue Bonds (the “Bonds”);
WHEREAS, the Agency has notified the City in writing of such inquiry by the sponsor, in compliance with Section 8(a) of Chapter 23G of the Massachusetts General Laws, as amended.
NOW, THEREFORE, BE IT ORDERED: That the City Council acting in the name and behalf of the City of Salem, Massachusetts, hereby requires the Agency assume the role of an industrial development financing authority in financing the Project by issuance of the Bonds pursuant to Massachusetts General Laws Chapter 23G and Chapter 40D to finance the project.
#675 – USE OF MCCABE PARK BY MARITIMES PIPELINE
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Mayor, or his representative, the Assistant City Solicitor, and a representative of the Park and Recreation Commission be invited to appear before the Committee on Government Services regarding the use and lease of Kernwood and McCabe Parks to the Northeast Maritimes Pipeline Company.
AND FURTHER: That said parties brief the Committee on the agreement made between the City and the Pipeline Company, and how this agreement came to pass.
#676 – DPW EVALUATE AND REPAIR AREA OF CLARK STREET
Councillor Lovely introduced the following Order, which was adopted.
ORDRERED: That the DPW evaluate the street at numbers 40 and 42 Clark Street and make a recommendation as to the repair of said portion of Clark Street and determine if the contractor who installed the new portion of Clark Street that abuts this area and make said repairs prior to November 15, 2003.
NOTES:
1. DPW is aware of this situation
2. New road higher elevation than existing road
3. Storm drain is located “upstream” of this area
#677 – CHANGE OF MEETING TIME FOR OCTOBER 9 MEETING
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Regular Meeting of the City Council scheduled for Thursday, October 9, 2003 commence at 4:30 P.M.
#678 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, SEC. 50B, HANCOCK 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, 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 streets:
“Hancock Street, eastbound, in front of #29 Hancock Street, for a distance of twenty (20) feet. Handicap Parking, Tow Zone.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#679 – GOVERNMENTS SERVICES MEET TO DISCUSS “CLEAN-IT OR LIEN-IT” PROGRAM
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Mayor, or his representative, Building Inspector, City Solicitor, and Health Agent be invited to appear before the Committee on Government Services regarding the City’s “Clean It or Lien it” program and the City’s program for enforcing the ordinances relative to unregistered motor vehicles on private property.
#680 – RESOLUTION – RETIREMENT OF BARBARA ROCHON FROM VETERAN’S SERVICES DEPT.
Councillor Lovely introduced the following Resolution, which was adopted. Councillor Lovely moved that a City Seal also be sent to Judith Davenport of the Licensing Board, who also recently retired.
RESOLUTION:
WHEREAS: Barbara Rochon has served the City of Salem for 28 years, exhibiting great professionalism and dedication of work; and
WHEREAS: In the last 13 years, she has gone “above and beyond” the call of duty in her commitment to out needy veterans; and
WHEREAS: Mrs. Rochon has also volunteered on many occasions her valuable time and service, not only in Salem, but in the City of Beverly; and
WHEREAS: In all her work with veterans on the North Shore, she is recognized and appreciated for her outstanding service; and
WHEREAS: On the event of her retirement, we wish to praise her and show our thanks for all these years of services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SALEM, AS FOLLOWS:
That for all these acts of service, and for all the innumerable works throughout her career as a public servant with the City of Salem, we recognize her for her dedicates service to the City of Salem and its veterans.
AND BE IT FURTHER RESOLVED: That this Resolution be made a matter of record of these proceedings, and that a suitable copy be presented to Barbara as a token of our appreciation for a job well done.
#681 – DPW DIRECTOR INVESTIGATE PHYSICAL CONDITION OF PARALLEL STREET BRIDGE
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the City Engineer, Bruce Thibodeau, make, or cause to the made, an investigation of the physical condition and worthiness of the overpass bridge on Parallel Street, the height and width of this passageway, and furnish his findings and recommendation to the City Council.
#682 – ORDINANCE AMENDING TRAFFIC, PROHIBITED MOVEMENTS, SEC. 49A, LORING AVE. AND LINDEN STREET
Councillor Driscoll introduced the following Order, which was adopted for first passage.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Traffic, Prohibited Movements, No Left Turn
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 49A, is hereby amended by adding the following streets:
“Linden Street, southbound at the intersection with Loring Avenue, No Left Turn onto Loring Avenue.”
“Loring Avenue, eastbound at the intersection with Linden Street, No Left Turn onto Linden Street.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#683 – FINANCIAL REPORTS FOR AUGUST
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the Financial Reports, dated August 31, 2003, be received and placed on file.
#684 – PROPOSED BALLOT QUESTION REGARDING TOURISM EXCISE TAX
Councillor Chuber introduced the following Order.
ORDERED: That the proposed question on the Home Rule petition be stricken as proposed, and that the following be added.
Proposed Question:
Shall the Salem City Council and the Mayor be directed to draft and file with the Massachusetts State Legislature a home rule petition in a manner summarized below to establish a local excise not to exceed the local excise rate on hotels and motels (currently 4%) on all revenue derived from tickets paid for admission to tourist related attractions that charge for admission in the City of Salem, said petition to be filed with the State Legislature not later than one hundred twenty (120) days after passage of this question?
Proposed question summary:
SUMMARY: This question requires the Salem City Council and the Mayor to draft and file with the State Legislature a home rule petition to establish a local excise on admissions to tourist related attractions in the City of Salem. The tax may not exceed the existing local excise rate charged on motels and hotels (currently 4%). In the case of a ticket charging $5.00, the excise would be $.20. The revenue collected will be retained by the City of Salem and used as directed by the Mayor and the City Council. The question requires that the petition be filed with the legislature within one hundred twenty (120) days of the approval of the question by the voters of Salem.
Councillor Harvey amended that the question be non-binding. The amendment was adopted by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Sargent, O’Leary, O’Keefe, Harvey, Flynn, Driscoll, and Chuber were recorded as voting in the affirmative. Councillors Lovely, DeToma, Bencal, and Furey were recorded as voting in the negative.
Councillor Bencal moved that the matter be tabled. The motion was defeated by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Lovely, Driscoll, DeToma, Bencal, and Furey were recorded as voting in the affirmative. Councillors Sargent, O’Leary, O’Keefe, Harvey, Flynn, and Chuber were recorded as voting in the negative.
The Order was adopted as amended by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Sargent, O’Leary, O’Keefe, Harvey, Flynn, and Chuber were recorded as voting in the affirmative. Councillors Lovely, Driscoll, DeToma, Bencal, and Furey were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Order shall now read as follows:
ORDERED: That the proposed question on the Home Rule petition be stricken as proposed, and that the following be added as a Non-Binding question:
Proposed Question:
Shall the Salem City Council and the Mayor be directed to draft and file with the Massachusetts State Legislature a home rule petition in a manner summarized below to establish a local excise not to exceed the local excise rate on hotels and motels (currently 4%) on all revenue derived from tickets paid for admission to tourist related attractions that charge for admission in the City of Salem, said petition to be filed with the State Legislature not later than one hundred twenty (120) days after passage of this question?
Proposed question summary:
SUMMARY: This question requires the Salem City Council and the Mayor to draft and file with the State Legislature a home rule petition to establish a local excise on admissions to tourist related attractions in the City of Salem. The tax may not exceed the existing local excise rate charged on motels and hotels (currently 4%). In the case of a ticket charging $5.00, the excise would be $.20. The revenue collected will be retained by the City of Salem and used as directed by the Mayor and the City Council. The question requires that the petition be filed with the legislature within one hundred twenty (120) days of the approval of the question by the voters of Salem.
#685 – HIGHLAND PARK/SALEM WOODS INFORMATION BE RECEIVED AND FILED
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the document entitled “Highland Park/Salem Woods/Olde Salem Greens (information about the history, finance, ecology, plant, and wildlife) dated September 2003 and prepared by the Friends of the Salem Woods, be received and placed on file.
#686 – FLOODING AT ESSEX STREET AND MAY STREET BE INVESTIGATED
Councillor Flynn introduced the following Order.
ORDERED: That the DPW Director investigate the increased flooding at the corner of Essex and May Street since the street was improved a number of years ago.
Councillor O’Leary amended to include Burnside & Bridge Street, and Monroe and Loring Avenue. It was so voted.
The Order was adopted as amended so that it shall now read as follows:
ORDERED: That the DPW Director investigate the increased flooding at the corner of Essex and May Street since the street was improved a number of years ago, and also include Burnside, Bridge, Monroe and Loring Avenue.
#687 – (#649) – Y.M.C.A. 5K 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 the Salem Y.M.C.A. Annual 5K Road Race on October 26, 2003, has considered said matter and would recommend that it be granted.
#688 – (#648) – NORTH SHORE MEDICAL CENTER ANNUAL CANCER WALK
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 Ordnances, Licenses, and Legal Affairs to whom was referred the matter of the North Shore Medical Center Annual Cancer Walk on June 13, 2004, has considered said matter and would recommend that it be granted.
#689 – (#338) – ORDINANCE AMENDING TOWING AND ADMINISTRATION FEE
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 an Ordinance relative to establishing an administrative fee for towed vehicles has considered said matter and would recommend adoption for second and final passage.
#690 –(#652 - #657) – GRANTING 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
STORE The Magic Parlor, 213 Essex St., Salem
Stephanie Young, 5 Porter St. Ct.
SECOND HAND
VALUABLE R.A. DiFillipo Antiques, 131 Essex Street
TAG DAY SHS Girls Field Hockey, October 4, 2003
SHS Boys Soccer, October 25, 2003
TAXI OPERATOR Earnest W. Bass, 203 Washington St., Salem
Jody Bottari, 52 Harbor St., Salem
Francis E. Murray, Jr., 29 Hancock St., Salem
Sixto A. Nunez, 44 Dow St., Salem
Luciano Reynoso, 248 Washington St., Salem
Victorino Santana, 49 Harbor St., Salem
Julio Valdez, 40 Ward St., Salem
PUBLIC GUIDE Justine Stacy, 222 Bray St., Gloucester
#691 – PROPOSAL TO IMPLEMENT EXCISE TAX ON TOURIST RELATED ACTIVITES
Councillor DeToma offered the following report for the Committee of the Whole. It was voted to accept the report.
The Committee of the Whole to whom was referred a tourism ticket tax and ballot question issue has considered said matter and would recommend that the matter be reported out with a negative recommendation.
Councillor O’Leary moved that the matter be tabled. It was so voted.
#692 – MEMBERSHIP OF SALEM/BEVERLY WATER SUPPLY BOARD
This matter was taken up earlier.
#693 – POLE RELOCATION ON WEBSTER STREET
The petition of Massachusetts Electric Company for a pole relocation on Webster Street was granted.
#694 – JOINT POLE RELOCATION ON CEDARCREST ROAD
A hearing was ordered for October 9, 2003, on the petition of Verizon and Massachusetts Electric Company for two (2) joint pole locations on Cedarcrest Road.
#695 – REQUEST OF DUNKIN DONUTS FOR EXTENDED HOURS
The request of Dunkin Donuts at 289 Derby Street for special closing time for October 31, 2003, was granted.
#696 - #699 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAG DAY Veterans of Foreign Wars, Nov. 9, 10, 11, 2003
SH.S. Cross Country, November 29, 2003
TAXI OPERATOR Miguel Castro, 76 Palmer Street, Salem
PUBLIC GUIDE Erin Leddy, 47 Bridge Street, #3R, Salem
Tracy Majka, 234 7th St., Brooklyn, NY
Steven Walsh, 47 Bridge Street, Salem
#700 - #703 – CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Tanis Currier, P.O. Box 181, Plainfield, VT
Cecile Duchesne, 3 Colonial Terr., Salem
Atty. Donald L. Coan, Jr., (for Derek Belanger), 30 Main St.,
Peabody
SUBROGATE Metlife Auto & Home for Megan E. Stott, 100 Ames Pond
Drive, Tewkesbury
#704 – BOND
The following bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
CONSTABLE Christopher Chigas, 10 Lowell Street, Peabody
(#631) – ORDINANCE AMENDING TRAFFIC, SERVICE ZONE ON NORTH ST., HANDICAP PARKING ON BUFFUM STREET, PARKING PROHIBITED ON SCHOOL STREET
The matter of second and final passage of an Ordinance amending Traffic, Service Zone on North Street; Handicap Parking on Buffum Street; and Parking Prohibited on School Street, was then taken up. The Ordinance was adopted for second and final passage. Councillor O’Leary was recorded as “opposed”.
(#632) – ORDINANCE AMENDING TRAFFIC, ONE WAY STREET, BEDFORD STREET
The matter of second and final passage of an Ordinance amending Traffic, One Way Street on Bedford Street, was then taken up. The Ordinance was adopted for second and final passage.
(#634) – ORDINANCE AMENDING TRAFFIC, STOP SIGN, MOFFATT ROAD
The matter of second and final passage of an Ordinance amending Traffic, Stop Sign on Moffatt Road, was then taken up. The Ordinance was adopted for second and final passage.
(#635) – ORDINANCE AMENDING TRAFFIC, SERVICE ZONE ON LYNDE STREET, AND HANDICAP PARKING ON HATHORNE STREET
The matter of second and final passage of an Ordinance amending Traffic, Service Zone on Lynde Street, and Handicap Parking on Hathorne Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Driscoll, the meeting adjourned at 9:10 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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