A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 3, 2005 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 28, 2005 at 11:05 A.M.
All Councilors were present.
Council President Michael Bencal presided.
Councillor O’Keefe 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.
#789 – CONDUIT LOCATION ON BOTTS COURT
A hearing was held on the Order of Verizon for a conduit location on Botts Court. Appearing in favor was the representative from Verizon and Mr. Lou Centorino of 6 Botts Court and Jeanne Kempthorne of 7 Botts Court. There was no one opposed. Councillor Pelletier moved that the hearing be closed. It was so voted. Councillor Pelletier moved that the permit be granted. It was so voted.
#790 – APPT. TIMOTHY E. KAVANAGH PLANNING BOARD
The Mayor’s appointment of Timothy E. Kavanagh to serve as a member of the Planning Board for a term to expire July 1, 2009, replacing David Weiner, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Leary requested and received unanimous consent to allow Mr. Kavanagh to speak.
Councillor O’Leary moved that a City Seal be sent to Mr. Weiner. It was so voted.
#791 – APPR. CEMTERY – SEASONAL EMPLOYMENT
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Six Thousand ($6,000.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Cemetery – Seasonal Employment” account in accordance with the recommendation of His Honor the Mayor.
#792 – AGREEMENT TO EXTEND CONTRACT FOR REPAIR OF FIRE DEPT. EQUIPMENT
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance and to report out at the next regularly scheduled Council meeting of November 17, 2005.
ORDERED: That the Mayor and City Council hereby authorize the City Purchasing Agent to enter into a eight-year contract between the City of Salem and All American Investment Group.
#793 – CORRECTED INFORMATION REGARDING LOT AT ONE SALEM GREEN
The following Order, recommended by the Mayor, was referred to the Committee of the Whole.
ORDERED: That, pursuant to Salem Code of Ordinances Section 2-1635(B), the City Council declares the Parking Lot at One Salem Green, 21 Church Street as shown on the Assessors Map 35, Lot 0216, as surplus land and hereby authorizes the Mayor to direct the Building Inspector to sell said property by sealed bid.
#794 – HELD OVER LETTER FROM ATTORNEY DANIEL KULAK RE: REDUCE FY06 BUDGET
The following Order, held over from the last meeting, was referred to the Committee on Administration and Finance.
October 27, 2005
Mayor Stanley Usovicz
City of Salem
93 Washington Street
Salem, MA 01970
Re: Firefighter Appropriation
Dear Mayor Usovicz:
As you know, at its meeting of October 5, 2005, the City Council returned your request for funding the manning levels and related overtime provisions of the Collective Bargaining Agreement with the Salem Firefighters Union, requesting that you call a special meeting of the School Committee to take up the proposed reduction of its budget to fund the contract.
As a result thereof, you have requested my opinion as to what extent, if any, does the School Committee become involved in this funding issue. In relation thereto, you have also provided me with information obtained by School Business Administrator, Bruce Guy in his discussions with the Department of Revenue, who advised him that there is nothing in Massachusetts General Laws that prevents the City from reducing the original appropriation so long as it is not reduced below the require minimum. With this proposition I agree. In support of this opinion, I call your attention to Superintendent of schools of Leominster v. mayor of Leominster, 386 Mass. 114 (1982). In this case, the Supreme Judicial Court held that under Proposition 2 ½ , the Mayor was empowered to reduce the school budget as submitted to him before it is
submitted to the City Council. In so holding, the Court states that
“…the school committee must now share the city’s limited financial resources with other municipal deparments”
and that “…General Laws, Chapter 44, Sec. 32, does not support the plaintiff’s contention that the school committee is entitled to a budgetary procedure which differs from that followed by other municipal departments:
(emphasis added)
Re: Firefighter Appropriation
Based upon the foregoing, in my opinion, there is no legal requirement that the school committee act upon your proposed budget reduction. Therefore, I recommend you return your request for funding to the City Council for its consideration.
If you have any questions please advise.
Very truly yours,
S/Daniel B. Kulak
DBK/cj
Encs:
#795 – AUTHORIZE MAYOR TO SELL CITY OWNED LAND TO COMMONWEALTH FOR A COURTHOUSE
The following Order was received after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules.
The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development.
ORDERED: That the City Council has determined that it is in the public interest of the citizens of Salem for a new courthouse to be constructed by the Commonwealth in the City of Salem;
The site for a new courthouse has been designated by the Division of Capital Asset Management of the Commonwealth;
The city supports and encourages the construction of the new courthouse at the designated site;
The site selected by DCAM includes property owned by the City of Salem;
The property owned by the City is necessary for site preparation and related construction in advance of actual construction of the new courthouse; and transfer of the property forthwith is in the best interest of the city;
NOW THEREFORE, the City Council orders that, in accordance with the provisions of Chapter 40 of the Massachusetts General Laws, the City of Salem is authorized to sell to the Commonwealth for $1.00 and other valuable consideration the property owned by the City of Salem reflected on Exhibit A for the purpose of construction of a new courthouse and related and concurrent uses;
It is further Ordered that the City Solicitor prepare any deed or other documentation necessary to effectuate the transfer of the property to the Commonwealth forthwith.
#796 – COMMUNICATION FROM THE MAYOR REGARDING CHANGES TO CUSTOMER SERVICES FROM COMCAST
A communication from the Mayor regarding changes to customer services from Comcast, was received and filed.
To the City Council
City Hall
Salem, Massachusetts
Ladies and Gentlemen of the Council:
Enclosed, for your information, is a letter from Comcast regarding changes to customer services. Comcast anticipates the changes, which will go into effect on December 1, 2005, to impact a small number of their customers.
Very truly yours,
S/STANLEY J. USOVICZ, JR. MAYOR
Councillor O’Leary took the chair.
#797 – MOTORCYCLE RUN INTO SALEM IN OCTOBER
Councillor Bencal introduced the following Order, which was adopted as amended.
ORDERED: That the Police Chief or his representative appear before the Committee on Public Health, Safety and Environment relative to the motorcycle run into Salem held on October 30, 2005.
Councillor Pelletier amended to invite Harley Davidson of Boston, was adopted.
The Order shall read now as follows:
ORDERED: That the Police Chief or his representative appear before the Committee on Public Health, Safety and Environment relative to the motorcycle run into Salem held on October 30, 2005 and that Harley Davidson of Boston be invited.
#798 – BANNING TOBACCO USE IN VEHICLES FOR HIRE
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Board of Health consider enacting a local regulation banning the use of tobacco products at any time within a taxi, limousine, or other vehicle for hire. Further, that the Board of Health be requested to report their actions by the Council meeting of December 8, 2005.
#799 – ZONING FOR THE NORTH RIVER CANAL CORRIDOR
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the proposed North River Canal Corridor Zoning Ordinance be referred to the Committee on the Whole.
#800 – GRANTING CERTAIN 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 Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted.
FORTUNETELLING Gloria Ward, 12 Pearl St., Salem
SECOND HAND R.J. Coins, 72 Wharf St., Salem
VALUABLE Record Exchange, 256 Washington St., Salem
Salem Coin & Jewelry, 149 North St., Salem
TAG DAY Salem/Swampscott Youth Hockey, December 17, 2005
#801 – APPR. OF $2,142,901.00 TO HEALTH INSURANCE TRUST ACCOUNT
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 and Appropriation to “Health Insurance Trust – Other Financial Sources” Account has considered said matter and would recommend refer to the Committee of the Whole for consideration in conjuction with the matters pending on sale of city property and refer the matter back to the Mayor for correction and resubmission. Appropriation funds should come from Free Cash Account.
#802 – AMENDMENTS TO NORTH RIVER CANAL CORRIDOR ZONING ORDINANCE
Councillor Sosnowski 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 proposed amendments to the North River Canal Corridor Zoning Ordinance and Planning Board recommendation has considered said matter and would recommend the City Council agree to schedule seven meetings between now and December 7 and that the first meeting have as it’s agenda the housekeeping issues and Sections A,B,and D and the sections on fences, signage, and mechanical equipment and refuse storage.
Further, that if the Council can not pass the ordinance by its deadline then it be refiled on December 8, 2005.
#803 - AMENDMENTS TO NORTH RIVER CANAL CORRIDOR ZONING ORDINANCE
Councillor Sosnowski 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 proposed amendments to the North River Canal Corridor Zoning Ordinance and Planning Board recommendation has considered said matter and would recommend that the City Council go on record to support the passing of the North River Canal Corridor Zoning by the deadline.
#804 - #813 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
FORTUNETELLING Linda Weinbaum, 18 Hancock St., Salem
FORTUNETELLING STORE The Magic Parlor, 213 Essex St., Salem
PUBLIC GUIDE Alejandra Miranda-Naon, 45 Longwood Ave. #801, Brookline
Douglas Sabin, 34 Northey St., Salem
SECOND HAND Marine Arts Gallery, 135 Essex St., Salem
VALUABLE Tobies Jewelry, 140 Washington St., Salem
TAG DAY S.H.S. Winter Track, December 11, 2005
S.H.S. Winter Track, January 15, 2006
S.H.S. Spring Track, April 15, 2006 & May 7, 2006
TAXI OPERATOR James Antoszewski, 176 Lynnfield St., Peabody
Marc Birmingham, 13 Mason St., Salem
#814 - #816 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Lewis Belostock, 10 Norman St. #301, Salem
Pamela L. Finan, 159 Marlborough Rd., Salem
Pamela L. Finan, 159 Marlborough Rd., Salem
On the motion of Councillor Pelletier, the meeting adjourned at 7:40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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