A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 23, 2005 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on June 17, 2005 at 9:55 A.M.
All Councillors were present
Council President Michael Bencal presided.
Councillor Bencal announced that the recipient of the McCabe Award was Brian Taubernack.
Councillor Bencal requested a moment of silence for Robert Cahill who passed away on Fathers Day.
Councillor Lovely moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Bencal requested that everyone please rise to recite the Pledge of Allegiance.
(#486) – HEARING COMCAST FOR A CONDUIT ON BRIDGE STREET
A hearing was held on the order of Comcast for a conduit on Bridge Street. Appearing in favor was Mr. Dave Flewelling of Comcast who stated the previous issue with #71 Bridge Street has been resolved. There was no one opposed. Councillor Sosnowski moved that it be approved with the condition that streets be properly resurfaced using infrared techonology. The hearing was closed. Councillor Sosnowski moved that the request be granted with the condition. It was so voted.
#516 – APPOINTMENT OF DAMIAN JOHNSON TO BOARD OF ASSESSORS
The Mayor’s appointment of Damian Johnson to serve as a member of the Board of Assessors for a term to expire February 1, 2006 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor O’Leary moved a City Seal and Letter be sent to Mr. Joseph Murphy. It was so voted.
#517 – APPOINTMENT OF A CONSTABLE
The Mayor’s appointment of Cabot W. Dodge to serve as a Constable for a term to expire July 1, 2006 was received and filed.
#518 – ORDINANCE AMENDING PROCUREMENT
The following substitute Ordinance amendment, recommended by the Mayor was adopted by roll call vote of 8 yeas, 2 nays, 1 present. Councillor Veno, Sosnowski, Sargent, O’Leary, O’Keefe, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillor Pelletier and Lovely were recorded in the negative. Councillor Harvey was recorded as present.
The Ordinance was adopted for first passage and referred to the Committee on Administration and Finance by roll call vote of 8 yeas, 2 nays, 1 present. Councillor Veno, Sosnowski, Sargent, O’Leary, O’Keefe, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillor Pelletier and Lovely were recorded in the negative. Councillor Harvey was recorded as present.
In the Year Two Thousand and Five
An Ordinance to amend an Ordinance relative to Purchasing and Contracts
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Article X. Purchase and Contracts is hereby amended by deleting Section 2-1690 in its entirety and inserting in place thereof the following:
Section 2-1690 Contract Procedures for Purchases
(a) All purchases of supplies, materials, equipment and services shall be made in accordance with Massachusetts General Laws Chapter 30B, the “Massachusetts Uniform Procurement Act” as amended.
(b) All purchases relating to public construction contracts shall be made in accordance with Massachusetts General Law Chapter 149, Section 44, et seq., as amended, Massachusetts General Law Chapter 30, Section 39M, et seq. as amended, and Massachusetts General Law Chapter 7, Sec. 38A1/2, et seq., as amended.
(c) Notwithstanding the monetary provisions set forth in the state laws cited in (a) and (b) above, the city adopts $15,000.00 as the threshold for competitive bidding in accordance with the above cited state laws wherever such competitive bidding is required by state law. It
(d) is the intent of this ordinance that except for the threshold dollar amount set forth herein, all other provisions of applicable state procurement law shall apply.
Section 2. Chapter 2, Article X. Purchases and Contracts is hereby amended by deleting Section 2 –1691 in its entirety and inserting in place thereof the following:
Section 2-1691 Sale of Surplus Supplies and Materials
The sale of all city supplies, materials or equipment, whether new or old, that are not needed by the city or any department thereof, if the value of such materials exceeds $200.00, shall be based on competitive bids.
Section 3. Chapter 2, Article X. Purchases and Contracts is hereby amended by deleting Section 2-1692 in its entirety.
Section 4. Chapter 2, Article X. Purchases and Contracts is hereby amended in Section 2-1693 by striking the words “the Charter” and replacing with the words “State Law”
Section 5. Chapter 2, Article X. Purchases and Contracts is hereby amended by deleting Section 2-1695 (a) in its entirety. Subparagraph (b) shall be renumbered as subparagraph (a) and subparagraph (c) shall be renumbered as subparagraph (b).
Section 6. Chapter 2, Article X. Purchases and Contract is hereby amended by renumbering sequentially Section 2-1691 through Section 2-1702.
Section 7. This Ordinance shall take effect as provided by City Charter.
#519 - ORDINANCE AMENDING BOATS AND WATERWAYS
The following Ordinance amendment, recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the Year Two Thousand and Five
An Ordinance to amend an Ordinance relative to Boats and Waterways
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 10, Boats and Waterways shall be amended by deleting Section 10-22 in its entirety and replacing it with the following new section:
Section 10-22. Use of Common Landing for Commercial Purposes.
No person shall dock at any common landing for the purpose of discharging, unloading or taking on commercial passengers, equipment or products without the prior written permission of the harbormaster.
Further, prior to approving any commercial use of a common landing under the joint control of Harbormaster and Park and Recreation Commission, the Harbormaster shall ensure that the requesting entity has secured the necessary approval from the Park and Recreation Commission.
Section 2. This Ordinance shall take effect as provided by City Charter.
#520 – HIGH SCHOOL RENOVATION PROJECT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: that the superintendent of schools and members of the School Building Committee be invited to a meeting of the Committee of the Whole to update members of the City Council on the current stat of the high school renovation project.
#521 – NOTIFYING CITY COUNCIL OF NEIGHBORHOOD MEETINGS
Councillor Furey introduced the following Order, which was amended by Councillor Bencal and adopted as amended.
ORDERED: That the Committee on Government Services meet with neighborhood groups/committees and city wide alliances and a representative of each be invited.
1. Review and discuss issues
2. Sponsoring forums/debates for upcoming election
3. Inviting City Councillors to their meetings
4. Posting their meetings in the News and SATV
#522 – HOME RULE PETITION FO ADDITIONAL LIQUOR LICENSE
Councillor Lovely introduced the following Order for a Home Rule Petition which was referred to the Committee on Community and Economic Development.
ORDERED: that the City Council support and forward a Home Rule Petition for a Beer and Wine Package Store License to Representative Keenan and the Massachusetts Legislature to allow Corks! Wine Shop and Gourmet Marketplace to open and operate a business at Derby Lofts,
314-318 Derby Street, Salem, MA and that a meeting be scheduled for July 12, 2005 at 6:00 P.M. to address the matter and that the following be invited to attend:
Representative Keenan, Gary Ballard, Licensing Board, Councillor Corchado, Mayor Usovicz, and Diane Manahan of Pamplemousse. And that the matter be referred to the Committee on Community and Economic Development for said review.
#523 – ANNUAL REPORT FROM CITY SOLICITOR
Councillor Pelletier introduced the following Order, which was adopted as amended.
ORDERED: That the City Solicitor give his Annual Report that is due on April 1st each year, Section 2-415 of the Code of Ordinances, which reads as follows:
On April 1st of each year, the City Solicitor shall make a report in writing to the Mayor and City Council concerning all suits or legal proceedings in which the city is interested which are pending or have been determined during the preceding year, with a brief description of each case and such other information as, in his opinion, the interest of the City may require.
That the City Solicitor have this report to the City Council within thirty (30) days. And that the Solicitor be invited into Executive Session before any settlement regarding the Farragamo issue.
#524 - FINANCIAL REPORT ENDING MAY 31, 2005
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Financial Report of May 31, 2005 be received and placed on file.
#525 – RESOLUTION – 150TH ANNIVERSARY OF PLUMMER HOME FOR BOYS
Councillor O’Leary introduced the following Resolution, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
RESOLUTION:
WHEREAS: The Plummer Home for Boys will be celebrating its 150th Anniversary; and
WHEREAS: In 1855 Caroline Plummer tried to help the children of Salem who needed a
fresh start. The Plummer Home for Boys has helped hundreds of boys find their way
in life; and
WHEREAS: The sole mission has remained the same to give stability and structure to
boys who have known none.
NOW, THEREFORE BE IT RESOLVED: that the Salem City Council extends its
congratulations to the Plummer Home for Boys on this landmark occasion.
AND BE IT FURTHER RESOLVED: that we acknowledge the faithful services of the
Plummer Home for Boys for their efforts in contributing to a better community for future
generations and the welfare of children.
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 the Plummer Home for Boys, on behalf of the Salem City Council, as a token of thanks for their 150 years of dedication to the boys of this City.
#526 – RELIGIOUS PROPERTIES REUSE DEVELOPMENT DISTRICT
Councillor Lovely introduced the following order, which was adopted.
ORDERED: That the attached draft of a Municipal and Religious Properties Reuse Development District be referred the Committee on Community and Economic Development for thorough review and a joint public hearing with the Planning Board to determine feasibility of said Reuse Development District.
Councillor O’Leary assumes the presidents chair.
#527 – ORDINANCE AMENDING BUILDING, ELECTRICITY AND PLUMBING REGULATIONS
Councillor Bencal introduced the following Ordinance, which was adopted for first passage.
In the Year Two Thousand and Five
An Ordinance to amend an Ordinance relative to Building, Electricity and Plumbing Regulations
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 12, Section 136, is amended by adding the following:
Branch circuits in dwelling units shall supply only loads within that dwelling unit or loads associated only with that dwelling unit. Branch circuits required for the purpose of lighting, central alarm, signal, communications or other needs for public or common areas of a multi family dwelling shall not be supplied from equipment that supplies an individual dwelling unit. Further, the systems, equipment and/or lighting for public and/or common areas shall be required to be supplied from a separate “house load” panel board.
#528 – POLICE TRAFFIC PAINT CROSSWALK ON ORNE & FELT STREET
Councillor Bencal introduced the following order, which was adopted.
ORDERED: that the Police Department Traffic Division paint a crosswalk from the corner of Orne and Felt Streets across Felt Street to a point adjacent to the entrance of Cabot Farm playground.
Further, that the crosswalk be enhanced and filled in with red or green paint as so decided by the Traffic Division.
#529 – SOLICITOR INVESTIGATE TAX AGREEMENT WITH THE HARBOR HOTEL
Councillor Bencal introduced the following order, which was adopted.
ORDERED: That the Solicitor investigate the Tax Agreement with the Harbor Hotel and their requirement to purchase parking passes for the Harbor Garage.
Further, that he advise the Council of his findings by July 12, 2005, and what further actions his office will take relative to enforcement of this tax agreement.
Council President Bencal resumed the chair.
#530 – (#276) - ORDINANCE RELATIVE TO PUBLIC NOTICE AVAILABILITY OF INFORMATION (SUNSHINE LAW)
Councillor Harvey 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 Ordinance
was adopted for second and final passage. A motion for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#531 – (#508 – #510) – GRANTING LICENSES
Councillor Harvey 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 Affair to whom was referred the matter of granting certain licenses has considered said matter and would recommend the following be granted.
LIMO Antique Motor Car Tours, 3 Summit Ave., Beverly
PUBLIC GUIDE Donald T. Swift, 3 Summit Ave., Beverly
TAXI OPERATOR Donald T. Swift, 3 Summit Ave., Beverly
#532 – (#491) - COMMUNITY DEVELOPMENT BLOCK GRANT APPLICATION
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The matter of authorizing the Mayor to submit the FY06 Community Development Block Grant application be approved.
#533 – (#446) – TRANSFER TO PUBLIC PROPERTY – OIL HEAT
Councillor Veno 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 a transfer of $10,000.00 from “Public Property – Telephone” Account to “Public Property – Oil Heat” Account has considered said matter and would recommend approval.
#534 – (#489) – APPROPRIATION TO PUBLIC SERVICES – WATER GASOLINE
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor O’Leary was recorded opposed.
The Committee on Administration and Finance to whom was referred the matter of an appropriation of $71,000.00 from “Retained Earnings – Water Fund” Account to “Public Services – Water Gasoline” Account has considered said matter and would recommend approval.
#535 – (#447) – APPROPRIATION TO PUBLIC SERVICES – RETIREMENT ANTICIPATION
Councillor Veno 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 $9,974.10 from “Fund Balance – Free Cash” Account to “Public Services – Retirement Anticipation” Account has considered said matter and would recommend approval.
#536 – (#449) – APPROPRIATION TO PUBLIC SERVICES – SEWER RETIREMENT ANTICIPATION
Councillor Veno 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 $4,987.05 from “Retained Earnings – Sewer Fund” Account to “Public Services – Sewer Retirement Anticipation” Account has considered said matter and would recommend approval.
#537 – (#448) – APPROPRIATION TO PUBLIC SERVICES – WATER RETIREMENT ANTICIPATION
Councillor Veno 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 $4,987.05 from “Retained Earnings – Water Fund” Account to “Public Services –
Water Retirement Anticipation” Account has considered said matter and would recommend approval.
#538 – (#445) – TRANSFER TO WATER - GASOLINE
Councillor Veno 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 a transfer of $25,000.00 from “Water - Overtime” Account to “Water - Gasoline” Account has considered said matter and would recommend approval.
#539 – (#306) - FIVE YEAR AGREEMENT FOR DISPOSAL OF SOLID WASTE
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by roll call vote of 7 yeas, 1 nay, 0 absent, 3 present. Councillor Veno, Sosnowski, Sargent, O’Leary, O’Keefe, Furey and Corchado were recorded as voting in the affirmative. Councillor Lovely was recorded as voting in the negative. Councillors Pelletier, Harvey and Bencal were recorded as voting present. A motion for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Administration and Finance to whom was referred the matter of authorizing the Mayor and Director of Public Services to execute a Five (5) Year Agreement with Northside Carting, Inc. for the collection and disposal of solid waste has considered said matter and would recommend approval.
#540 – (#492) - THREE YEAR AGREEMENT FOR CONCESSION STAND AT THE GOLF COURSE
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nay, 0 absent. A motion for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Administration and Finance to whom was referred the matter of a three (3) year contract with Diamond Catering & Deli for the purpose of operating the concession stand at the Municipal Golf Course has considered said matter and would recommend approval.
#541 – (#494) – ORDINANCE RELATIVE TO THE SALARY CLASSIFICATION OF CERTAIN EMPLOYEES, COLLECTOR AND TREASURER
Councillor Veno offered the following report for the Committee on Administration and Finance.
The Committee on Administration and Finance to whom was referred the matter of an Ordinance relative to the Salary Classification of certain employees, establishing the position of Collector and the title of Treasurer has considered said matter and would recommend adoption for first passage.
Councillor Veno requested and received unanimous consent to suspend the rules to allow the Finance Director Warren Sproul to speak.
Councillor O’Leary moved that the matter be referred back to the Committee on Administration and Finance for further review. It was so voted.
#542 – (#493) – ORDINANCE RELATIVE TO THE SALARY CLASSIFICATION OF CERTAIN EMPLOYEES, ASSISTANT FINANCE DIRECTOR
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by roll call vote of 10 yeas, 0 nay, 1 present. Councillors Veno, Sosnowksi, Sargent, Pelletier, O’Leary, O’Keefe, Lovely, Harvey, Furey and Corchado were recorded in the affirmative. Councillor Bencal was recorded as present. A motion for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Administration and Finance to whom was referred the matter of an Ordinance relative to the Salary Classification of certain employees, establishing the position of Assistant Finance Director/Deputy Auditor has considered said matter and would recommend adoption for first passage.
#543 – #543A – ORDINANCE FOR MONTHLY REPORTS ON TRANSFERS
Councillor Veno offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nay, 0 absent. A motion for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Administration and Finance to whom was referred the matter of an Ordinance relative to monthly reports on transfers has considered said matter and would recommend adoption of the attached ordinance for first passage.
In the Year Two Thousand and Five
An Ordinance to amend an Ordinance relative to Transfers
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Section 499 Monthly Statement of condition of Accounts
The City Finance Director/Auditor shall once in each month prepare a statement showing the condition of each city account and shall give the amount of appropriations and receipts expenditures and balances remaining unexpended under the account and shall furnish a printed copy thereof to each department and member of the City Council. Such statement shall show all amounts collected by the City Treasurer/Collector during the preceding calendar month. Such statement shall also include a detailed accounting of each transfer between budget objects within any appropriation approved by the City Council, and a detailed justification having control of the appropriation within which the transfer is requested.
In addition, the City Finance Director/Auditor shall once in each month prepare a detailed statement showing the condition of each city account, including balances on each object within each account, and provide such statement to members of the City Council Committee on Administration and Finance.
Section 2. This Ordinance shall take effect as provided by City Charter.
#544 – DOWNTOWN PARKING ISSUES
Councillor O’Leary 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 matter of Downtown Parking Issues has considered said matter and would recommend that the City improve signage directing motorist to the off street parking lots.
#545 – DOWNTOWN PARKING
Councillor O’Leary 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 matter of Downtown Parking Issues has considered said matter and would recommend that the Chamber of Commerce be requested to begin an education program for downtown businesses regarding parking.
#546 – DOWNTOWN PARKING ISSUES
Councillor O’Leary 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 matter of Downtown Parking Issues has considered said matter and would recommend the following:
1) Increase the meter rate to one dollar ($1.00) per hour.
2) Increase the meter maximum time limit to two (2) hours, except where noted as
per the parking director
3) (a) fines for meter feeding (b) fines for expired meters
4) Increase “Snow” violations from $15.00 to $25.00
5) Handicap Parking Violations are okay at $100.00
6) “Stacking” of tickets
7) Signage and education of merchants as well as customers
8) Having the garages and lots stay open later
9) Discuss long range parking plan
10) Resident parking violations to increase from $15.00 to $25.00
11) Automated Parking Garages
12) Universal passes
13) Two (2) hour lots
14) Downtown resident passes
#547 – COMMUNICATION FROM REPRESENTATIVE KEENAN SENATE BILL 139, PCA QUALITY HOME CARE WORKFORCE ACT
A communication from Representative John D. Keenan supporting Senate Bill 139, PCA Quality Home Care Workforce Act was received and placed on file.
#548 – COMMUNICATION FROM HARBORMASTER USE OF PUBLIC FLOAT
A communication from Sgt. Peter Gifford, Harbormaster regarding commercial use of public floats was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#549 – #552 - BLOCK PARTY
The following requests for Block Parties were granted.
Buchanan Road, July 3, 2005
Hemenway Road, July 4, 2005
Shore Avenue, July 4, 2005
Maple Street, September 3, 2005
#553 – #556 – LICENSE APPLICATIONS
The following licenses applications were referred to the Committee on Ordinances, Licenses and Legal Affairs
SEAWORM William Stone, 10 Wennerberg Rd., Middleton
SECOND HAND GameStop Inc., 450 Highland Ave., Salem
VALUABLE
TAXI OPERATOR Elizabeth A. Mullen, 9 Munroe Ct., Peabody
Santo Santana, 9 Prince Place, Salem
#556 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer / Contract Operator License was granted.
Mirra Co. Inc., 6 Noring Way, Georgetown
#557 - #559 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Susan Mineo, 1316 Crane Brook Way, Peabody
Carol Ann Shore, 404 Paradise Rd, London 1D, Swampscott
Marilyn Winick, 10 Rose Ave., Marblehead
#560 - #561 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Cabot Dodge, 44 Nichols St., Swampscott
DRAINLAYER Mirra Co. Inc., 6 Noring Way, Georgetown
On the motion of Councillor Furey, the meeting was adjourned at 9:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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