A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 17, 2005 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 10, 2005 at 4:06 P.M.
Councillor Bencal arrived late at 7:20 P.M.
Council President Leonard F. O’Leary presided.
Councillor Harvey 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.
#817 - #818 – CONSTABLES
The Mayor’s appointment and reappointment of the following to serve as Constables with the following terms to expire was received and filed.
Joseph E. Lewis, 9 Beacon St., Salem Term to expire October 20, 2006
John D. Orlowski, 191 Bridge St., Beverly Term to expire November 4, 2008
#819 – APPR. HEALTH INSURANCE TRUST – OTHER FINANCIAL RESOURCES
The following Order, recommended by the Mayor, was adopted under suspension of the rules by unanimous roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Bencal was recorded as absent.
Councillor Veno moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the sum of Two Million One Hundred Forty-two Thousand Nine Hundred and One Dollars ($2,142,901.00) is hereby appropriated to “Health Insurance Trust – Other Financial Resources” Account to be funded by property tax, state aid, non property tax revenue and reserves when FY06 tax rate is set in accordance with the recommendation of His Honor the Mayor.
#820 – APPR. TO REDUCE THE GROSS AMOUNT TO BE RAISED BY TAXES
The following Order, recommended by the Mayor, was adopted under suspension of the rules by unanimous roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Bencal was recorded as absent.
Councillor Veno moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the sum of Two Million One Hundred Forty-two Thousand Nine Hundred and One Dollars ($2,142,901.00) is hereby appropriated from “Fund Balance Reserved for Appropriation – Free Cash” Account to reduce the gross amount to be raised by taxation when FY2006 tax rate is set in accordance with the recommendation of His Honor the Mayor.
#821 – ACCEPT PROVISIONS OF SECTION 4, CHAPTER 73 OF 1986
The following Order, recommended by the Mayor, was adopted under suspension of the rules by unanimous roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Bencal was recorded as absent.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the Mayor and City Council accept the provisions of Section 4, Chapter 73 of the Acts of 1986 for Fiscal Year 2006, and that such additional exemptions granted be 100% of the statutory exemption amounts, provided all other qualifications specified in said Section 4 and in Section 5, Chapter 59 of the Massachusetts General Laws are met.
#822 – TAG DAY APPLICATION
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day applications for Salem State College be approved.
#823 – HYBRID CARS AND VEHICLES
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet with the Parking Director, Parking Commission, representative of the Mayor, Police Department, and Fire Department to discuss long term lease or purchase of hybrid run cars and vehicles, parking incentives for hybrid cars in our garages and metered lots.
Councillor Bencal arrived at 7:20 P.M.
#824 – RESOLUTION S.R.A. DISPOSITION OF ESSEX COUNTY JAIL COMPLEX
Councillor Sosnowski introduced the following Resolution, which was adopted by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Lovely, Harvey, Corchado and Bencal were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative.
Councillor Sosnowski moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
RESOLUTION:
WHEREAS: The City of Salem has charged the Salem Redevelopment Authority with the disposition of the former Essex County Jail Complex, and
WHEREAS: The Salem Redevelopment Authority has undertaken a well-run and extensive public process that has caused the presentation of nine proposals for the reuse of the former Essex County Jail Complex, and
WHEREAS: The Salem Redevelopment Authority, has reduced the number of finalist from nine, to three, and
WHEREAS: The Salem Redevelopment Authority has been presented each of the proposals and is in the process of making designation decision, and
WHEREAS: Each of the finalist contain predominantly residential development, and
WHEREAS: Each of the three finalists has agreed to maintain the historic integrity of the complex, and
WHEREAS: The City of Salem finds itself currently in significant financial distress and that due to such distress our municipal financial team has presented that the City’s Bond Rating could be lowered,
WE HEREBY RESPECTFULLY REQUEST
That with all developments being fundamentally sound, and similar in scope and use, the Board of Directors of the Salem Redevelopment Authority, and their Director give strong and primary consideration to maximizing revenue in their designation of a developer for the Salem Jail Complex.
WE HEREBY FURTHER RESPECTFULLY REQUEST
That the Salem Redevelopment Authority being fundamentally sound, the short term parking plan during construction and the long term parking plans of each proposal to make certain that the parking difficulties experienced by the downtown business and residential community over the past year are responsibly considered.
#825 – SPECIAL MEETING FOR FIRST PASSAGE OF ZONING OF NRCC
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the City Council meet in Special Session on Tuesday, November 22, 2005 at 6:15 P.M. for the purpose of discussing and voting on the North River Canal Corridor Zoning Ordinance.
Also, that the Special Meeting scheduled for November 30, 2005 be cancelled. Further, that if the Zoning Ordinance attain first passage that the City Council meet in Special Session on December 6, 2005 at 6:00 P.M. for the purpose of taking up this ordinance for second passage.
Councillor Bencal resumed the chair.
#826 – FINANCE DIRECTOR PROVIDE BREAKDOWN OF REVENUE & EXPENDITURES OF HAUNTED HAPPENINGS
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Finance Director provide the City Council with a complete breakdown of all revenues and expenditures for the month of October with regard to Haunted Happenings to include but not limited to the following:
Expenditures:
Police, Fire, DPW, Park and Recreation, Cemetery/Shade Tree, any others.
Revenue:
Parking Department, Licensing Board, any other.
Councillor Pelletier left the meeting at 7:35 P.M.
#827 – FISCAL YEAR 2006 DEFICIT
Councillor Veno introduced the following Order, which was adopted
ORDERED: That the City Council Committee on Administration and Finance meet to discuss a proposed action plan to close the FY06 Budget deficit.
Further, that invitations be extended to the Mayor, Finance Director, School Committee, School Superintendent, Fire Chief, John O’Leary Fire Union, City Solicitor and Mayor-elect.
#828 – (#804 - #813) - 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 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
#829 – (#792) -AGREEMENT WITH ALL AMERICAN INVESTMENT GROUP FOR FIRE EQUIPMENT
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 authorizing the Mayor to enter into an agreement with All American Investment Group for the repair or replacement of Fire Department equipment has considered said matter and would recommend approval.
#830 – (#794) -APPR. TO FIRE DEPT – FULL TIME SALARY FOR FUNDING STAFFING LEVEL
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 to fund the “Fire Department – Full Time Salary” account for staffing levels has considered said matter and would recommend it remain in committee.
#831 – (#744, #831A, #881) - HOME RULE PETITION IL BOCCA ITALIANO
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 a Home Rule Petition for a full time license to sell beer and wine for Il Bocca Italiano has considered said matter and would recommend adoption.
#831A – HOME RULE PETITION FOR IL BOCCA ITALIANO
Councillor Lovely offered the following Order which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That a petition to the General Court, accompanied by a bill for certain additional liquor license notwithstanding the provisions of Section 17, of Chapter 138 of the General Laws as set forth below, be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for editorial changes of form only;
AN ACT authorizing the City of Salem to issue an additional license for the sale of alcoholic beverages.
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. Notwithstanding the provisions of Section 17, of Chapter 138, of the General Laws, the licensing authority of the City of Salem may issue an annual fulltime license for the sale of Beer and Wine to be drunk on the premises under Section 12 of said Chapter 138 to Il Bocca Italiano Restaurant, Inc. located at 140 Washington Street, Salem, MA. The license shall be subject to said Chapter 138 except Section 17; provided however, that the licensing authority shall not approve transfer of the license to any other person, organization, corporation, or location separate from the sale of the entire business known as Il Bocca Italiano Restaurant, Inc.
Section 2. This act shall take effect upon its passage.
#832 – (#795) - SALE OF CITY LAND FOR CONSTRUCTION OF A NEW COURTHOUSE
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 the sale of city land for $1.00 for the construction of the new courthouse, has considered said matter and would recommend that the matter be referred back to the Committee.
#833 – (#750) - AMENDING ZONING FOR CURB CUTS
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 amending zoning for curb cuts has considered said matter and would recommend that the Assistant Solicitor with the assistance of the Planning Board, Planning Department, and Building Inspector draft an amendment to current zoning for rules establishing curb cuts in residential areas and that there only be one curb cut per lot, 12-14 feet wide, and that anything wider will require a special permit by variance and never to exceed 24 feet relative to zoning for curb cuts.
#834 – (#743) – AMENDING ZONING FOR DRIVE THROUGHS
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 amending zoning for drive throughs has considered said matter and would recommend that the Assistant Solicitor with the assistance of the Planning Board, Planning Department, and Building Inspector and Health Department draft an amendment to current zoning ordinance relative to drive throughs and that such drive throughs be allowed by special permit only.
#835 – (#753) – AMENDING ZONING FOR RESIDENTIAL PARKING
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 amending zoning for residential parking has considered said matter and would recommend that the Assistant Solicitor with the assistance of the Planning Board, Planning Department, and Building Inspector draft an amendment to current zoning ordinance for any new residential development to include two parking spaces per unit regardless of the zone.
Councillor O’Leary took the chair.
#836 – (#737) – AGREEMENT TO RENT LAND IN THE REAR OF THE POLICE STATION
Councillor Bencal 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 rental of small section of land at the Police Station has considered said matter and would recommend that the Mayor be authorized to enter into an agreement to rent a small portion of land in the rear of the Police Station.
#837 – (#735) – SALE OF CHURCH STREET LOT
Councillor Bencal 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 sale of Church Street lot has considered said matter and would recommend that the Mayor not be authorized to sell the Church Street lot and that the matter be referred back to the Committee of the Whole.
Councillor Pelletier arrived back at 8:17 P.M.
#838 – REQUEST FROM WAL-MART FOR EXTENDED HOURS DURING THE HOLIDAYS
The following request from Wal-Mart for extended hours of operation during the holidays was granted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent, with the following conditions:
1. Employment after 10PM be voluntary
2. Any employee not be reprimanded if they refuse to work
3. Time and a half paid after 10PM
#839 – REQUEST FROM SALEM STATE COLLEGE TO HOLD THE WELLNESS FAIR AND ROAD RACE
The following request from the Salem State College to hold the Wellness Fair and to hold a road race on Sunday, April 2, 2006 at 9:00 A.M. was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#840 - #852 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
FORTUNETELLING Sylvia M. Martinez, 173 Essex St., Salem
FORTUNETELLING The Goddess’ Treasure Chest, 173 Essex St., Salem
STORE Employees: Al Forbes, 47 Waumbeck St., Dorchester
Sandra Johnson, 256 Whipple St.
Elizabeth Chapman, 914 Nottingham Rd.,
Karen Rego, 191 Taramac Rd., Beverly
Erika Hahn, 8 Trickett St., N. Falmouth
Pyramid Books Inc., 214 Derby St., Salem
Employees: Beverly Anderson, 216 Lafayette St., Salem
Doug Johnson, 116 Lafayette St., Salem
Mary Beth Bruce, 26 Beacon St. #8, Burlington
PUBLIC GUIDE Richard Metzger, 25 Shepard St., Marblehead
Susan P. Metzger, 25 Shepard St., Marblehead
Michael Metzger, 25 Shepard St., Marblehead
James McAllister, 86 Federal St., Salem
Betsey V. Jackson, 62 Basse Rd., Lynn
Ruth Wall, 13 Crombie St., Salem
SEAWORM John M. Silva, 10 Almedia St., Salem
SECOND HAND Salem Used Furniture & Antiques, 107½ Bridge St., Salem
VALUABLE Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
VEHICLE FOR HIRE Salem Surrey Bike Tours, 25 Shepard St., Marblehead
#853 – #854 - CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
David S. Barter, 228 Cabot St., Beverly
Lawrence A. Jackson, 13 Columbus Ave., Salem
#855 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Joseph E. Lewis, 9 Beacon St., Salem
John D. Orlowski, 191 Bridge St., Beverly
(#657) - SECOND PASSAGE – BOND ORDER FOR SALEM HIGH SCHOOL RENOVATION PROJECT
The matter of second and final passage of a Bond Order, appropriating $10,183,000.00 for additional costs to the renovating, reconstruction and repairs to the Salem High School, was then taken up.
The Bond Order was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
On the motion of Councillor Veno the meeting adjourned at 8:40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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