A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 11, 2004 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 5, 2004 at 9:39 A. M.
All Councillors were present.
Council President Leonard F. O’Leary presided.
Councillor Bencal moved to dispense with the reading of the record of the previous meeting. It was so voted.
President O’Leary requested that everyone please rise to recite the Pledge of Allegiance.
#165 – APPT. BONNIE CELI, ASSISTANT TREASURER
The Mayor’s appointment of Bonnie Celi to serve as Assistant Treasurer was held until the next meeting under the rules.
#166 – APPT. MICHAEL P. MARCIL, ALTERNATE, SALEM HISTORICAL COMMISSION
The Mayor’s appointment of Michael P. Marcil to serve as an alternate member of the Salem Historical Commission for a term to expire March 1, 2006 was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow Mr. Marcil to speak.
#167 – APPT. MARK L. FINER, CONSTABLE
The Mayor’s appointment of Mark L. Finer to serve as a Constable for a term to expire March 8, 2007, was received and filed.
#168 – APPR. HARBORMASTER – VEHICLE REPAIR AND MAINTENANCE
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand Dollars ($2,000.00) is hereby appropriated from the “Receipts Reserved – Harbormaster” Account to the “Harbormaster – Vehicle Repair and Maintenance” Account in accordance with the recommendation of His Honor the Mayor.
#169 – PARKING RATES FOR THE PARKING GARAGES AND CHURCH STREET LOT
The Mayor submitted an Order after the deadline of Tuesday noon regarding proposed parking rates for the Parking Garages and Church Street lot. Council President O’Leary declared it held under the rules.
#170 – PROGRESS REPORT FROM NEW ENGLAND ASSOCIATION OF SCHOOLS AND COLLEGES, SALEM HIGH SCHOOL
The Mayor submitting a two year progress report from the New England Association of Schools and Colleges for Salem High School, was received and filed.
#171 – COMMITTEE MEET WITH JOHN ADELMAN RE: 45 BROAD ST. #1
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet with John Adelman regarding the surrounding issues of 45 Broad Street #1.
#172 – COMMITTEE MEET RE: CONSULTANTS FOR THE CITY’S PAVEMENT MANAGEMENT PROGRAM
Councillor Bencal introduced the following Order.
ORDERED: That the Director of Public Works and the Finance Director appear before the Committee on Administration and Finance relative to the City’s hiring of a consultant “to improve the City’s Pavement Management Program.
Councillor Pelletier amended that the Finance Director give an accounting of the last five (5) fiscal years accounts payable and accounts receivable. It was so voted.
The Order was adopted as amended and shall now read as follows:
ORDERED: That the Director of Public Works and the Finance Director appear before the Committee on Administration and Finance relative to the City’s hiring of a consultant “to improve the City’s Pavement Management Program.
And that the Finance Director give an accounting of the last five (5) fiscal years of accounts payable and accounts receivable.
#173 – COMMITTEE MEET RE: PART-TIME BUDGET ANALYST
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance meet with the Mayor or his representative, Bruce Guy, Finance Director, Members of the Charter Commission to discuss the feasibility of having a part-time Budget Analyst for the City Council.
#174 – ORDINANCE, RESIDENT STICKER, OLIVER STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and four
An Ordinance to amend an Ordinance relative to Traffic, Resident Sticker Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. “Oliver Street in its entirety, Zone C, Color Green, “Resident Sticker Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#175 – COMMITTEE MEET RE: SATV CONTRACT
Councillor Harvey introduced the following Order.
ORDERED: That SATV’s Board and Executive Director meet with the Committee on Administration and Finance to discuss the status of the SATV contract and funding.
Councillor O’Keefe amended that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs. It was so voted.
The Order was adopted as amended and shall now read as follows:
ORDERED: That SATV’s Board and Executive Director meet with the Committee on Ordinances, Licenses and Legal Affairs to discuss the status of the SATV contract and funding.
#176 – COMMITTEE MEET RE: SALEM BEVERLY WATER BOARD TEST RESULTS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That Salem’s representative on the Salem Beverly Water Supply Board immediately supply the City Council with the last two (2) years of soil and water tests that were done by the Salem Beverly Water Supply Board and their consultants.
BE IT FURTHER ORDERED: that the Committee on Public Health, Safety and Environment meet before the next regular City Council meeting to discuss these results.
#177 – COMMITTEE MEET RE: PROGRESS OF COMMUNITY BLOCK GRANT PROGRAMS
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That a representative of the Planning Department meet with the City Council Committee on Government Services in the Council Chambers on the first Thursday of April, May and June at 6:00 P. M. to discuss the progress of our Community Development Block Grant programs.
#178 – COMMITTEE MEET RE: POLICY FOR EMERGENCY EVACUATION OF PUBLIC BUILDINGS
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the policy for emergency evacuation for public buildings.
#179 – PARK AND RECREATION DEPT. RAISE IRISH FLAG FOR ST. PATRICK’S DAY
Councillor O’Keefe in conjunction with Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Superintendent of the Park and Recreation Department raise the Irish Flag at Riley Plaza on March 12 through 17 in honor of St. Patrick’s Day.
#180 – RESOLUTION, SALEM COURT SYSTEM
Councillor Lovely introduced the following Resolution, which was adopted by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
WHEREAS: The Superior Court of Judicature was formed in 1693 as a result of the infamous Witch Trials with the court facilities having been located in Salem for over 300 years; and
WHEREAS: The Salem Court system consisting of the Essex Superior Court, Probate and Family Court, Salem District Court and Salem Juvenile Court are currently experiencing inadequate space and security issues together with lack of accessibility and operational issues and that their exists the need to retain both the Essex South Registry of Deeds and the District Attorney’s Office in the Salem Court system; and
WHEREAS: The Salem court system represents 40% of the total Essex County caseload with total court activity of over 37,000 cases and over 8,400 jurors appearing in Salem Superior and District Court each year; and
WHEREAS: The Salem courts and Registry of Deeds bring over 1400 professionals and support staff into Salem each day to work with the courts employing over 250 personnel: and
WHEREAS: Over 4,570 attorneys and support staff are located in Salem together with over 600 court related professionals that come to Salem each day to work; and
WHEREAS: Due to the court system and the legal community being located in Salem, 1200 support businesses such as restaurants, printers, banks, retail establishments, etc. exist to provide goods and services that are required for the day to day operation of said court system and legal community: and
WHEREAS: The economic return from these endeavors represents over $3.5 million dollars to our local economy from direct court activity and $6.4 million dollars per year from secondary support staff in addition to over $9 million dollars per year in indirect benefits.
BE IT HEREBY RESOLVED: That the Salem City Council fully supports the efforts of State Representative J. Michael Ruane, Vice Chair of Ways and Means, Senator Frederick Berry, Majority Leader, the Massachusetts Trial Court, the Massachusetts Trial Court Administration, Mayor Stanley J. Usovicz, Jr, the City of Salem Planning Department, The Salem Partnership, Essex National Heritage Commission with the combined efforts of DCAM, MBTA and Mass Highway, for the renovation of existing court structures and construction of a new building to enhance and support the Salem Court Campus to better serve the needs of judges, attorneys, support staff and the many citizens of our Commonwealth who require access to the courts located in the City of Salem.
#181 – LETTER TO STATE REPRESENTATIVE RE: SALEM BEVERLY WATER SUPPLY BOARD
Councillor O’Keefe introduced a letter from Council President Leonard F. O’Leary to Mary E. Grant, State Representative, regarding the Salem Beverly Water Supply Board, which was referred to the Committee on Public Health, Safety and Environment.
#182 – (#412A of 2003) – SECOND PASSAGE, ORDINANCE, PAWNBROKERS LICENSE
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 by a roll call vote of 10 yeas, 0 nays, and 1 absent. Councillors Bencal, Corchado, Harvey, Lovely, O’Keefe, Pelletier, Sargent, Sosnowski, Veno, and O’Leary were recorded as voting in the affirmative. Councillor Furey was absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances Licenses and Legal Affairs to whom was referred the matter of an Ordinance relative to Pawnbrokers has considered said matter and would recommend adoption for second and final passage the enclosed Ordinance with the following amendments:
Sec. 34-262. Interest rate
Amend second paragraph to read “For loans ten percent (10%) a month (and each fraction thereof at the same rate).
Delete the third paragraph “For loans over twenty-five dollars ($25.00), three percent a month (and each fraction thereof at the same rate).
The Ordinance was adopted for second and final passage as amended by Committee and shall now read as follows:
In the year two thousand and four
An Ordinance to amend an Ordinance relative to the licensing of Pawnbrokers
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 34 of the Salem Code of Ordinances, is hereby amended by deleting section 34-227 in its entirety, and insert in place thereof, the following:
Sec. 34-227. Time limits on selling articles.
Articles deposited in pawn with a licensed pawnbroker shall, unless redeemed, be retained by him, on the premises occupied by him for his business, for at least four months after the date of deposit.
After the expiration of the applicable period of time, he may sell the article by public auction, apply the proceeds thereof in satisfaction or the debt or demand and the expense of the notice and sale, and pay any surplus to the person entitled thereto on demand.
No such sale of any article which is not of a perishable nature shall be made unless not less than ten days prior to the sale a written notice of the intended sale shall have been sent by registered mail to the person entitled to the payment of any surplus as aforesaid, addressed to his residence, as appearing in the records of such pawnbrokers. Proof of registered mail shall be kept on file for one (1) year after the date of sale.
No article taken in pawn by such pawnbroker shall be disposed of otherwise than as above provided, any agreement or contract between the parties thereto to the contrary notwithstanding.
Articles of personal apparel shall not be deemed to be of a perishable nature within the meaning of this section. (G.L. c. 140, s. 71)
State law references: Sale of articles received in pawn, M.G.L.A. c. 140, § 71.
Section 2. Chapter 34, Section 257, is hereby amended by adding the following sentence:
All pawnbrokers shall be required to also obtain a second hand valuable license, under the provisions of the Salem Code of Ordinances, Chapter 35-156.
Section 3. Chapter 34, Section 258, is hereby amended by deleting the following sentence:
“…but if such a license is issued on or after November 1 in any year, the fee shall be one-half of such amount.”
Section 4. Chapter 34 is hereby amended by adding the following new sections:
Sec. 34-262. Interest rate
Licenses pawnbrokers may charge the following rates of interest:
For loans ten percent (10%) a month (and each fraction thereof at the same rate).
No such pawnbroker shall charge or receive any greater rate of interest and interest shall be determined on the precise sum advanced by the lender.
No pawnbroker shall make or receive any extra charge or fee for storage, care of safekeeping of any goods, articles or things pawned with him. (G.L. CH. 140, s. 78)
Sec. 34 – 263. Firearms
No pawnbroker shall loan money secured by deposit or pledge of firearm, rifle, shotgun or machine gun (G.L. Ch. 140, S. 131B)
No Pawnbroker shall hold a license to sell, rent, or lease a firearm, rifles, shotguns, or machine guns.
Section 5. This Ordinance shall take effect as provided by City Charter.
#183 –(#119, 154-160) - 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.
TAG DAY S.H.S. Girls Softball, April 24 & May 15, 2004
Veterans of Foreign Wars Post, 1524, May 19, 20 21, 2004
Salem Pop Warner, August 7 and 21, 2004
PUBLIC Hannah Diozzi, 20 Pleasant St., Salem
GUIDE James McAllister, 86 Federal St., Salem
SECOND HAND Filigree & Fancy, Wharf St., Bldg. C., Salem
VALUABLE
TAXI Victoriano Santana, 49 Harbor St., Salem
OPERATOR Domingo Perez, 12 Pope St., Salem
Hipolito Ozoria, 49 Harbor St., Salem
Ike P. Silverhardt, 29 Broadway, Beverly
#184 – (#46, 46A, 46B) – APPROPRIATIONS, VARIOUS DEPARTMENTS
Councillor Harvey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation as amended by Committee.
The Committee on Administration and Finance to whom was referred the matter of appropriations for various departments cost of living has considered said matter and would recommend approval by amending the amount of $66,719.34 to be reduced to $57,166.35 and approval of two appropriations for $2,006.16 Water – Salaries and Sewer Salaries.
The Order shall now read as follows:
ORDERED: That the sum of Fifty-seven Thousand, One Hundred Sixty six Dollars and thirty -five cents ($57,166.35) is hereby appropriated from the “Fund Balance Reserved for Appropriation-Free Cash” Account to the following Accounts.
Assessors $6,396.26
City Clerk $1,827.37
Elec & Reg. $ 656.24
Council on Aging $4,294.99
COA-Part Time $ 282.95
Data Processing $5,967.29
Electrical $ 913.98
Finance $2,872.23
Harbormaster F/T $ 572.30
Harbormaster P/T $ 937.74
Health $1,015.21
Human Resources $1,270.37
Library $8,387.52
Library P/T $2,619.48
Mayor $1,879.10
Park & Rec. $1,798.74
Golf Course $ 852.93
Winter Island $ 775.93
Parking Dept. $ 940.48
Parking Dept. P/T $2,317.83
Planning Con. Com. $ 331.49
Planning Board $ 331.49
Planning Dept. $1,018.71
Police Dept. $1,259.62
Pub Prop-Insp. $2,490.39
Public Services $2,445.23
Treasurer $1,943.53
Veterans $ 757.95
TOTAL $57,166.35
#185 - (#57 & 185A) – FIRST PASSAGE OF AN ORDINANCE, CLASSIFICATION OF CERTAIN EMPLOYEES
Councillor Harvey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation as amended by Committee by a roll call vote of 9 yeas, 2 nays, and 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O’Keefe, Pelletier, Sargent and Veno were recorded as voting in the affirmative. Councillors Sosnowski and O’Leary were recorded as voting in the negative.
The Committee on Administration and Finance to whom was referred the matter of an Ordinance relative to the Salary and Classification of Certain
Employees, has considered said matter and would recommend adoption for first passage the enclosed amended Ordinance.
The Ordinance shall now read as follows:
In the year two thousand four
An Ordinance to amend an Ordinance relative to the Salary and Classification of Certain Employees of the City of Salem
Section 1. Chapter 2, Section 2-52 is hereby amended as follows:
A. Establish the stipend of Grant Administrator with an annual stipend not to exceed One Thousand Four Hundred Dollars ($1,400.00) effective July 1, 2003.
B. Effective January 1, 2004, the maximum salary limit of each job grade within the classification and salary schedule shall be waived to allow each eligible employee to receive a one-time cost-of-living adjustment of 3.5%.
Section 2. This Ordinance shall take effect as provided by City Charter.
#186 – (#131) – APPROPRIATION, CEMETERY BURIAL
Councillor Harvey 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 the matter of an appropriation of $10,000.00 for Cemetery-Burial Account has considered said matter and would recommend approval.
#187 – (#538 of 2002) – WINTER ISLAND ADVISORY COMMITTEE
Councillor Lovely 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 matter of Winter Island Advisory Committee has considered said matter and would recommend: That the Mayor appoint a Winter Island Advisory Committee with the following members:
1 representative from the Mayors office
1 representative from City Council
1 representative from Park & Recreation Commission
1 representative from HIS
1 representative from Neighborhood Allliance
3 residents from City at large – appointed by the Mayor
1 resident from Salem Willows designated by Ward One Councillor
And report back to the Committee within 30 days after adoption.
#188 – (#95) – PROPOSED PLANS FOR PRINCE STREET PL.
Councillor Lovely 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 proposed plans for Prince Street Place has considered said matter and would recommend that the Committee meet on 3/24/04 and invite in Salem Harbor CDC, Planning Department, Police, Fire and Engineering Departments, Attorney Grover, Legal Department, Mayor, Council, Building Department.
#189 – (#199 of 2001) - CHARTER AND BROAD STREETS CEMETERIES
Councillor Lovely 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 Broad Street and Charter Street Cemeteries and all historic cemeteries has considered said matter and would recommend that the matter remain in Committee.
#190- (#152) – WALK-A-THON, WOMEN’S CONCERN
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 Walk-A-Thon for a Women’s Concern to be held on June 26, 2004 has considered said matter and would recommend that it be granted.
#191 – (#97 of 2004) – LAND ON CLARK STREET
Councillor Lovely 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 13.4 acre parcel on Clark Street has considered said matter and would recommend that the matter stay in Committee and that the Committee check with the City Solicitor on or before March 31, 2004 to make sure the conservation restrictions has been recorded on the land.
#192 – (#96) – COMBINATION OF SALEM AND PEABODY FIRE HOUSES
Councillor Bencal offered the following report for the Committee on Public Health, Safety and Environment.
Councillor O’Keefe left the Council Chamber due to a conflict of interest.
Councillor Bencal introduced a letter from Councillor O’Keefe asking to be recused from the issue of Fire Houses.
It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred the matter of Council Order #96 relative to the negotiations between Salem and Peabody on combining firehouses has considered said matter and would recommend that the Committee meet with the GIS representative, the Mayor, Planning Director, Fire Chief, and Fire Union to conduct a comprehensive study on strategic equipment existing, deployment and fire response in Salem.
#193 – (#135) – THREE WAY STOP ON MASON AND FLINT STREETS
Councillor Bencal offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred #135 – 3 way stop on Mason and Flint Streets for a trial period of up to 60 days has considered said matter and would recommend that the order be adopted as submitted.
#194 – LEASE OF BUILDING AT MCCABE PARK BY NORTHEAST PIPELINE
Councillor Sargent 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 the matter of the lease and use of McCabe Park by Northeast Pipeline has considered said matter and would recommend that the matter remain in Committee.
#195 - #201 – LICENSE APPLICATIONS
The following licenses were referred to the Committee on Ordinances, Licenses and Legal Affairs.
SECOND HAND Always A. Bargain, 94 North Street, Salem
VALUABLES
TAG DAY S.H.S. Boy’s Tennis Team, April 3 & May 1, 2004
S.H.S. Spring Track, April 10 & May 2, 2004
Knights of Columbus, October 7,8,9,10,2004
TAXI OPERATOR Newri Garcia, 6 Ray St, Peabody
Alberto Guerrero, 9 Mason St., Salem
Carl W. Herwig, 168 Washington St, Peabody
William C. Morgan, 276 Rantoul St., Beverly
Stephen E. Plunkett, 13 Holden St., Peabody
Angel Santa, 436 Western Ave., Lynn
TRANSIENT Ryan Maloney, 35 Pleasant St, #3,
PHOTOGRAPHER Salem
PUBLIC GUIDE Merrill Kohlhofer, 44 Beaver St., Salem
#202 – DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS
The following Drainlayer/Contract Operator license applications were granted.
Geosearch Inc., 11 Chocksett Rd., Sterling
J. Marchese & Sons Inc., 69 Norman St., Everett
Fleet Construction, 50 Cedar Swamp Rd., Greenville, RI
Peterson Enterprise, 210 Broadway, Lynn
#203 - #205 – CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Kimberly Carafa, 19 Goldwaite Pl, Peabody
James Kausek, 31 Stanwood Rd., Swampscott
Tammy Simard, 22 Rainbow Terr, Salem
#206 -#209 - BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
Fleet Construction, 50 Cedar Swamp Rd., Greenville, RI
Geosearch Inc., 11 Chocksett Rd., Sterling
J. Marchese & Sons Inc., 69 Norman St., Everett
Peterson Enterprise, 210 Broadway, Lynn
(#139) – SECOND PASSAGE, ORDINANCE, HANDICAP PARKING, RAYMOND ROAD
The matter of second and final passage of an Ordinance, amending Traffic, Chapter 42, Section 50B, Handicap Parking, # 23 Raymond Avenue, was then taken up.
The Order was adopted for second and final passage.
(#137) – ORDINANCE, PARKING PROHIBITED, CERTAIN TIMES, CERTAIN STREETS, RAYMOND AVENUE
The matter of second and final passage of an Ordinance, amending Traffic, Section 51B, Parking Prohibited Certain Times, Certain Streets, Raymond Avenue, was then taken up.
The Ordinance was referred to the Committee on Ordinances, Licenses and Legal Affairs.
(#136) – SECOND PASSAGE, ORDINANCE, STOP SIGN, HAZEL STREET @ OCEAN AVE.
The matter of second and final passage of an Ordinance, amending Traffic, Section 49, Obedience to Isolated Stop Sign, Hazel Street at the intersection with Ocean Avenue, was then taken up.
The Ordinance was adopted for second and final passage.
Councillor O’Leary moved a City Seal to Dave Gershman, City Council newspaper reporter, as he is leaving the City. It was so voted.
On the motion of Councillor Bencal the meeting adjourned at 8:50 P. M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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