A Regular Meeting of the City Council was held in the Council Chamber
on Thursday, November 18, 2004 at 7:00 P.M. for the purpose of transacting any
and all business. Notice of this meeting was posted on November 12, 2004, at
11:02 A. M.
Councillor Furey arrived late.
Council President Leonard F. O’Leary presided.
Councillor O’Keefe 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.
#716 – EXECUTIVE SESSION
Councillor Harvey moved to take out of order, Communication from the Mayor, a request from Attorney Kevin Daly and Human Resource Director William O’Neill to discuss settlement of a Workman’s Compensation Case. It was so voted.
Councillor Harvey moved that the City Council adjourn to the Council anteroom to hold an executive session, and at the end of the Executive Session, the regular meeting will continue. It was so voted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Bencal, Corchado, Harvey, Lovely, O’Keefe, O’Leary, Pelletier, Sargent, Sosnowski and Veno were recorded as voting in the affirmative. Councillor Furey was recorded as absent.
See end of meeting for minutes of Executive Session.
After the Executive Session, Councillor Harvey moved that the meeting continue. It was so voted.
#715 – APPT. DOUGLAS G. DESROCHER TO HISTORICAL COMMISSION
The Mayors reappointment of Douglas G. Desrocher to serve as a member of the Historical Commission for a term to expire March 1, 2007 was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
#717 – APPR. FOR PURCHASE OF BOILER FOR ENGINE #4
The following Order was received from the Mayor after the deadline of Tuesday noon. Councillor Harvey 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 adopted under suspension of the rules.
ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated to the “Capital Outlay – Equipment” Account to be expended to purchase a boiler for Engine House #4, in accordance with the recommendation of His Honor the Mayor.
#718 – APPR. TO REPLACE MUSEUM PLACE MALL GARAGE ELEVATOR’S HYDRAULIC PUMP
The following Order was received form the Mayor after the deadline of Tuesday noon. Councillor Harvey 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 adopted under suspension of the rules.
ORDERED: That the sum of Six Thousand Two Hundred Sixty-eight Dollars ($6,268.00) is hereby appropriated to the “Capital Outlay – Equipment” Account to be expended to remove and replace the Museum Place Garage elevator’s hydraulic pump in accordance with the recommendation of His Honor the Mayor.
#719 – ACCEPT M.G.L. CH. 44, SEC., 53E ½ ESTABLISH A STICKER PROGRAM REVOLVING ACCOUNT
The following Order was received from the Mayor after the deadline of Tuesday noon. Councillor Harvey 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 adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the City of Salem hereby accepts M.G.L. Chapter 44, Municipal Finance, Section 53E ½ which provides for the establishment of a Sticker Program revolving fund account.
#720 – ILLEGAL DUMPING
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the City Engineer, the Purchasing Agent, the Police Chief, the Mayor, or their representatives be invited to appear before the Committee on Public Health, Safety and Environment relative to illegal dumping in the City in general and along Harmony Grove Road in particular and to seek ways to prevent it.
Additionally, representatives of Massachusetts Electric, Salem Sound Coast Watch, and Q-Star Technology as well as Peabody City Councillor Rico Mello (9A Monroe Ct.) be invited to appear.
#721 – CORRESPONDENCE, NOTICES, ETC. BE ON COUNCIL STATIONARY
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That any and all correspondence, notices, announcements, flyers, handouts, etc. generated by any member of the City Council, ON CITY COUNCIL STATIONARY ONLY, is to be filed as a courtesy copy via hard copy, fax copy or electronic copy, with the City Clerk’s office on or before the date of distribution, so that the City Clerk and any fellow Ward Councillor and/or At-Large-Councillor may be prepared to respond to said correspondence, notices,
announcements, flyers, handouts, etc. should they be contacted with regard to same.
#722 – EASEMENT FOR WEST CIRCLE
Councillor O’Keefe introduced the following order, was referred to the Committee on Community and Economic Development.
ORDERED: That the enclosed Grant of Easement for West Circle be referred to the Committee on Community and Economic Development.
#723 – ZONING BOOK BE BROUGHT FORWARD
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Zoning Book created in 2001 with the assistance of Mark Bobrowski and a selected working group, be brought forward to be considered for implementation by the City of Salem. And that the matter be referred to the Committee on Community and Economic Development for review with the Planner, Building Inspector, Planning Board, Zoning Board of Appeals and the Conservation Commission.
#724 – MASTER PLAN OF 1996
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That a review of the 1996 Master Plan for the City of Salem be updated to reflect current thinking and visions for the City of Salem. And that the matter be referred to the Committee on Community and Economic Development for review with the Planner, Building Inspector, Planning Board, Zoning Board of Appeals and the Conservation Commission.
#725 – ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED CERTAIN TIMES NORTH STREET
Councillor Bencal 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, Chapter 42, Section 51B, Parking Prohibited at Certain Times on Certain Streets
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. North Street beginning eighteen (18) feet from the intersection with School Street and extending forty (40) feet in front of #147–149–149A North Street, on westerly side in a northerly direction, fifteen (15) minute parking, 9:00 A.M. to 5:00 P.M.
Section 2. This Ordinance shall take effect as provided by City Charter.
#726 – (#711 – #712) - 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 approval.
FORTUNETELLING Linda Weinbaum, 18 Hancock St., Salem
SECOND HAND R.A. DiFillipo Antiques, 131 Essex St., Salem
VALUABLE
#727 - (#695) – APPR. OF $75,310.00 FOR INFORMATION TECHNOLOGY
Councillor Lovely 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 the matter of an Appropriation of $75,310.00 for upgrades to Information Techonology has considered said matter and would recommend approval.
#728 – (#696) – APPR. OF $5,000.00 FOR CEMETERY SALARIES
Councillor Lovely 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 the matter of an Appropriation of $5,000.00 for Cemetery Seasonal payroll has considered said matter and would recommend approval.
#729 – (#699) – TRANSFER OF $146,013.00 TO CARLTON SCHOOL PROJECT
Councillor Lovely 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 the matter of a Transfer of $146,013.00 to Carlton School Capital Project has considered said matter and would recommend approval.
#730 – (#97) – RECORDING A DEED FOR 13.4 ACRE PARCEL ON CLARK STREET
Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was voted to accept the report by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
The Committee on Community and Economic Development to whom was referred the matter of recording a deed for 13.4 acre parcel on Clark Street has considered said matter and would recommend that the City Solicitor Elizabeth Rennard check on the status of acceptance of this parcel by the Conservation Commission on or about May/June 2003. If not the matter will be put on the December 9, 2004 Conservation Commission Agenda. The deed is to be recorded to give land to Conservation Commission.
#731 – SENIOR TAX EXEMPTION
Councillor Harvey 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 the matter of a Senior Tax Exemption has considered said matter and would recommend adoption of the following:
Eligible Age 65
Income Limits Up to $20,000.00 single
Up to $30,000.00 Married
Asset Limit Up to $35,000.00 single
Up to $45,000.00 Married
Exemption Amount Up to $1,000.00
#732 – CITY OF SALEM INCREASE AMOUNTS UNDER SUBCLAUSE (C) 41C, SECTION 5 C FOR ASSETS
Councillor Harvey introduced the following Order, which was adopted by roll call vote of 10 yeas, 1 nay, 0 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 recorded as voting in the negative.
ORDERED: That the City of Salem increases the amount contained in subclause ( C ) of the first sentence of Clause Forty-first C of Section 5, Chapter 59, whenever they appear in said subclause, from $28,000.00 to $35,000.00 and from $30,000.00 to $45,000.00 commencing with FY2005 (This applies to assests).
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#733 – CITY OF SALEM INCREASE AMOUNTS UNDER SUBCLAUSE (B) 41C, SECTION 5 C FOR ASSETS
Councillor Harvey introduced the following Order, which was adopted by roll call vote of 10 yeas, 1 nay, 0 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 recorded as voting in the negative.
ORDERED: That the City of Salem increases the amount contained in subclause (B) of the first sentence of Clause Forty-first C of Section 5, Chapter 59, whenever they appear in said subclause, from $13,000.00 to $20,000.00 and
from $15,000.00 to $30,000.00 commencing with FY2005 (This applies to income).
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#734 – CITY OF SALEM INCREASE AMOUNTS UNDER SUBCLAUSE (B) 41C, SECTION 5 C CH. 59, BY 100%
Councillor Harvey introduced the following Order, which was adopted by roll call vote of 10 yeas, 1 nay, 0 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 recorded as voting in the negative.
ORDERED: That the City of Salem increases the dollar amount contained in the first sentence of clause Forty-first C of Section 5, Chapter 59, by 100%, commencing with FY2005. (Increase exemption amount from $500.00 to $1,000.00).
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#735 – CITY OF SALEM REDUCE THE REQUISITE AGE OF ELIGIBILITY UNDER CLAUSE 41 C, SEC. 5, CH. 59
Councillor Harvey introduced the following Order, which was adopted by roll call vote of 10 yeas, 1 nay, 0 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 recorded as voting in the negative.
ORDERED: That the City of Salem reduce the requisite age of eligibility under the provisions of Clause Forty-first C of Section 5, Chapter 59, from 70 years or older to 65 years or older, commencing with FY2005.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#736 – ACT TO REGULATE CERTAIN PROPERTY TAX EXEMPTION ELIGIBILITY REQUIREMENTS FOR ELDERLY
Councillor Harvey introduced the following Act, which was adopted by unanimous roll call vote of 11 yeas, 0 nay, 0 absent.
AN ACT AUTHORIZING THE CITY OF SALEM TO REGULATE CERTAIN PROPERTY TAX EXEMPTION ELIGIBILITY REQUIREMENTS FOR THE ELDERLY
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
Section 1. Not withstanding clause Forty-first A of section 5 of Chapter 59 of the General Laws or any other general or special law to the contrary, and subject to sections 2 to 5, inclusive, of this act, the board of assessors of the City of Salem shall defer the real estate property tax payment for property of a person 65 years of age or older and occupied by him as his domicile, or a person who owns the same jointly with his spouse, either of whom is 65 years of age or older and occupied as their domicile, or of a person who owns the same jointly or is a tenant in common with a person not his spouse and alone or together with his spouse had combined income of $40,000.00 or less during the preceding year. No restrictions shall be imposed based upon the number of years the property owner (a) has been
domiciled in the commonwealth; or (b) owns and occupies as his domicile such real property.
Section 2. Any such person may, on or before December 15, of each year to which the tax relates or within 3 months after the date on which the bill of notice is first sent, whichever is later, during such year; provided, however, that in the case of real estate owned by a person jointly or as a tenant in common with a person not his spouse, the exemption shall not exceed that proportion of total valuation which the amount of his interest in such property bears to the whole tax due. The board of assessors shall grant such exemption provided that the owner or owners of such real property have entered into a tax deferral and recovery agreement with the board of assessors on behalf of the town. Said agreement shall provide that:
(1) no sale or transfer of such real property may be consummated unless the taxes which would otherwise have been assessed on such portion of the real property as in so exempt have been paid, with interest at the rate of 4 per cent per annum;
(2) the total amount of such taxes due, plus interest, for the current and prior years does exceed 50 per cent of the owner’s proportional share of the full and fair cash value of such real property;
(3) upon the demise of the owner of such real property, the heirs-by-law, assignees or devisees shall have first priority to the real property by paying in full the total taxes which would otherwise have been due, plus surviving spouse who enters into a tax deferral and recovery agreement under this clause, payment of
the taxes and interest due shall not be required during the life of such surviving spouse. Any additional taxes deferred, plus interest, on said real property under a tax deferral once recovery agreement signed by a surviving spouse shall be added to the taxes and interest which would otherwise have been due, and the payment of which has been postponed during the life of such surviving spouse, in determining the 50 per cent requirement of clause (2);
(4) if the taxes due, plus interest, are not paid by the heir-at law, assignee or devisee or if payment is not postponed during the life of a surviving spouse, such taxes and interest shall be recovered from the estate of the owner; and
(5) any joint owner or mortgage holding a mortgage on such property has given written prior approval for such agreement, which written approval shall be made a part of such agreement.
Section 3. In the case of each tax deferral and recovery agreement entered into between the board of assessors and the owner or owners of such real property, the board of assessors shall forthwith cause to be recorded by the registry of deeds of the country or district in which the city or town is situated a statement of their action which shall constitute a lien upon the land covered by such agreement for such taxes as have been assessed under this act, plus interest as hereinafter provided. A lien filed pursuant to this act shall be subsequent to any liens securing a reverse mortgage, excepting shared appreciation instruments. The statement shall name the owner and shall include a description of the land adequate for identification. Unless such a statement is recorded the liens shall not be
effective with respect to a bona fide purchaser or other transferee without actual knowledge of such lien. The filing fee for such statement shall be paid by the town and shall be added to and become a part of the taxes due.
Section 4. In addition to the remedies provided by this act, the recorded statement of the assessors provided for in this act shall have the same form and effect as a valid taking for nonpayment of taxes under section 53 of Chapter 60 of the General Laws, except that: (1) interest shall accrue at the rate provided in this act until the conveyance of the
property or the death of the person whose taxes have been deferred, after which time interest shall accrue at the rate provided in section 62 of said Chapter 60; (2) no assignment of the municipality’s interest under this act may be made pursuant to section 52 of said Chapter 60; and (3) no petition under section 65 of said Chapter 60 to foreclose the lien may be
filed before the expiration of 6 months from the conveyance of the property or the death of the person whose taxes have been deferred.
Section 5. This Act Shall Take Effect upon its passage.
Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#737 – (#576 – #577 – #598) - PLANNING BOARD RECOMMENDATION ON PROPOSED ZONING AMENDMENTS
A Communication from Planning Board Chairman Walter Power, submitting the Board’s recommendation regarding proposed zoning amendments relative to (1) Accessory building and structures, (2) Two family dwellings attached, and (3) rezone the parcel located at 319 Highland Avenue to B-2.
Councillor Pelletier requested and received unanimous consent to divide the question.
#598 - On the recommendation for (3) the rezoning of the parcel located at 319 Highland Avenue to B-2, it was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Pelletier moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#576 - #577 - On the other matters of zoning for (1) Accessory building and structures, and (2) zoning for two family dwellings attached, the matters were referred to the Committee on Community and Economic Development.
#738 – #740 – LICENSES
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
FORTUNETELLING The Goddess’ Treasure Chest, 173 Essex St., Salem
STORE Employees:
Malissa Standley, 34 North Main St., Ipswich
Daryn Rejo, 8 Tupper St., Sandwich
Al Forbes, 47 Waumbeck St., Dorchester
Necolle Frank, 205 Sandy Bay Terr., Rockport
TAG DAY S.H.S. Swim Team, December 18, 2004
TAXI OPERATOR Richard Genest, 170 North St., Salem
(#702) - ORDINANCE, AMENDING CHAPTER 38, SEC. 196 (a), RELATIVE TO STREET AND SIDEWALK EXCAVATION PERMIT FEE
The matter of second and final passage of an Ordinance amending Chapter 38, Section 196 (a), relative to Street and Sidewalk Excavation Permit Fee, was then taken up.
The Ordinance was referred to the Committee on Ordinances, Licenses and Legal Affairs to be taken up in two weeks.
On the motion of Councillor O’Keefe the meeting adjourned at 8:10 P. M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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