A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 23, 2006 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 16, 2006 at 4:58 P.M.
All Councillors were present.
Council President Jean M. Pelletier presided.
Councillor Veno moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Pelletier requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Bencal requested a moment of personal privilege regarding the State Ethics Commission complaint against him.
#193 – WRITTEN APOLOGY FROM COUNCILLOR BENCAL
The Councillor submitted for the record a written apology to the community and the City Council for any embarrassment.
#194 – APPT. OF BONNIE CELI COLLECTOR
Mayor’s appointment of Bonnie Celi to serve as the Collector for a term to expire January 31, 2009, was confirmed by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Bencal, Corchado, Furey, Lovely, O’Keefe, Pelletier, Prevey, Sargent, Sosnowski and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative.
Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Ms. Celi to speak.
#195 – APPT. CONSTABLE
The Mayor’s appointment of Kyle N. Wheaton to serve as a Constable for a term to expire March 1, 2007, was received and filed.
#196 – TRANSFER TO SOLICITOR – LEGAL SERVICES
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby transferred from the “Solicitor – Full Time Salary” account to the “Solicitor – Legal Services” account in accordance with the recommendation of Her Honor the Mayor.
#197 – TRANSFER TO SOLICITOR – JUDGEMENTS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby transferred from the “Solicitor – Full Time Salary” account to the “Solicitor – Judgements” account in accordance with the recommendation of Her Honor the Mayor.
#198 – APPR. TO CEMETERY – OVERTIME
The following Order, recommended by the Mayor, was adopted under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Trust Fund – Perpetual Care Interest Income” account to the “Cemetery - Overtime” account in accordance with the recommendation of Her Honor the Mayor.
#199 – ORDINANCE AMENDING DOOR TO DOOR CANVASSING APPLICATION FEE
The following Ordinance, recommended by the Mayor, was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Door to Door Canvassing and Soliciting.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 28, Section 92 (b) shall be deleted in its entirety and replaced with the following:
That the current application fee for Door to Door Canvassing and Soliciting, pursuant to the City of Salem Ordinances, Section 28-91 through 28-100, be increased from it’s current fee of $25.00 to $100.00
Section 2. This Ordinance shall take effect as provided by City Charter.
#200 – COMMITTEE OF THE WHOLE MEET IN EXECUTIVE SESSION
Councillor Furey introduced the following Order.
ORDERED: That the Committee of the Whole meet in Executive Session to discuss censorship of Councillor-At-Large Bencal with the recent findings and fines by the State Ethics Commission.
Councillor O’Leary moved to amend by adding that the City Clerk attend this meeting.
The Order was adopted as amended by roll call vote of 10 yeas, 0 nays, 1 present.
Councillors Corchado, Furey, Lovely, O’Keefe, O’Leary, Pelletier, Prevey, Sargent, Sosnowski and Veno were recorded as voting in the affirmative. Councillor Bencal was recorded as voting present.
ORDERED: That the Committee of the Whole meet in Executive Session to discuss censorship of Councillor-At-Large Bencal with the recent findings and fines by the State Ethics Commission and that the City Clerk attend this meeting.
#201 – INCREASE THE MAYOR’S SALARY
Councillor Furey introduced the following Order, which did not carry by a roll call vote of 1 yea, 10 nays, 0 absent. Councillor Furey was recorded as voting in the affirmative. Councillors Bencal, Corchado, Lovely, O’Keefe, O’Leary, Pelletier, Prevey, Sargent, Sosnowski and Veno were recorded as voting in the negative.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs, meet to discuss the possibility of increasing the salary of the Mayor.
Councillor Furey amended to send the matter to the Committee on Administration and Finance, the matter did not carry by a roll call vote of 1 yea, 10 nays, 0 absent. Councillor Furey was recorded as voting in the affirmative. Councillors Bencal, Corchado, Lovely, O’Keefe, O’Leary, Pelletier, Prevey, Sargent, Sosnowski and Veno were recorded as voting in the negative
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#202 – RELOCATION OF THE NEWS STAND AT WASHINGTON AND BRIDGE STREETS
Councillor Furey introduced the following Order.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet with Mr. Nicholas Padovani, owner of the news stand at Washington and Bridge Streets, and that the City Solicitor, Health Department, representative of the Licensing Board be invited to discuss the relocation of the news stand because of the new construction of the Bypass.
Councillor Sosnowski amended to also invite Capt. Callahan of the Police Traffic Division and the Planner, which was adopted.
The Order was adopted as amended as follows:
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet with Mr. Nicholas Padovani, owner of the news stand at Washington and Bridge Streets, and that the City Solicitor, Health Department, representative of the Licensing Board, Capt. Callahan of the Police Traffic Division and the Planner be invited to discuss the relocation of the news stand because of the new construction of the Bypass.
#203 – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, FRANKLIN STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 75, “Resident Sticker Parking, Tow Zone”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Franklin Street, from Franklin Court to Osborne Street, odd numbered north side only. Zone D, Color Yellow. “Resident Sticker Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#204 – FINANCIAL REPORT OF FEBRUARY 28, 2006
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the enclosed Financial Report of February 28, 2006 be received and placed on file.
#205 – MEET WITH JOSE JULIO PEREZ REGARDING THE COAL MINES OF TOBACO COLOMBIA
Councillor Veno introduced the following Order.
ORDERED: That Mr. Jose Julio Perez, the elected President of the Community Council of the town of Tobaco, a small village located in the Guajira province of northern Colombia, be invited to attend a meeting of the Committee on Public Health, Safety and Environment, to discuss the continuing plight of his community after a 2002 forced relocation due to expansion of the Cerrejon mine.
Councillor Lovely amended to refer the matter and post as dual meeting with the Committee of the Whole, which was adopted.
Councillor O’Leary amended to invite Claudia Chuber, which was adopted.
The Order was adopted as amended as follows:
ORDERED: That Mr. Jose Julio Perez, the elected President of the Community Council of the town of Tobaco, a small village located in the Guajira province of northern Colombia, be invited to attend a meeting of the Committee on Public Health, Safety and Environment and Committee of the Whole, to discuss the continuing plight of his community after a 2002 forced relocation due to expansion of the Cerrejon mine. And that Claudia Chuber be invited.
#206 – AMEND THE RULES OF THE CITY COUNCIL
Councillor Veno introduced the following Order.
ORDERED: That the City Council Committee on Ordinances, Licenses and Legal Affairs meet to draft an amendment to the rules of the City Council that would require all proposed Motions, Orders and Resolutions be filed with the City Clerk at noon on Tuesday prior to a Regular Meeting of the City Council. Be it further Ordered that the City Solicitor be invited to attend.
Councillor Sosnowski amended to refer the matter and post as dual meeting with the Committee of the Whole, which was adopted.
Councillors O’Keefe and O’Leary were recorded as opposed.
The Order was adopted as amended as follows:
ORDERED: That the City Council Committee on Ordinances, Licenses and Legal Affairs and the Committee of the Whole meet to draft an amendment to the rules of the City Council that would require all proposed Motions, Orders and Resolutions be filed with the City Clerk at noon on Tuesday prior to a Regular Meeting of the City Council. Be it further Ordered that the City Solicitor be invited to attend.
Councillor O’Leary assumed the Chair.
#207 – RESOLUTION: NORTHEAST ANIMAL SHELTER
Councillor Pelletier introduced the following Resolution, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
RESOLUTION OF THE SALEM CITY COUNCIL PERTAINING TO NORTHEAST ANIMAL SHELTER
WHEREAS; The Northeast Animal Shelter (NEAS) is New England’s largest non-profit shelter serving Eastern Massachusetts, Rhode Island, Southern New Hampshire and Maine, and
WHEREAS; NEAS has been an important part of the Salem community since 1976, finding adoptive homes for over 80,000 dogs and cats, and
WHEREAS; The Northeast Animal Shelter is interested in expanding their current operation and relocating to Highland Avenue, the property formerly occupied by Kelly Honda, and
WHEREAS; The Kelly Honda site is located in a key commercial entrance corridor and likely could be developed commercially by a tax paying entity if not for NEAS’s interest in the site, and
WHEREAS; NEAS is a non-profit organization and as such is not required to pay property taxes, and
WHEREAS; The property tax revenues generated from Kelly Honda total approximately $34,500.00 per year and could grow substantially if the site was occupied by a commercial entity, and
WHEREAS; the City is working hard to promote commercial development as a means to stabilize residential property taxes and provide adequate city services,
Now Therefore Be It Resolved By The Salem City Council, As Follows:
That while the Salem City Council wholeheartedly supports the expansion of the Northeast Animal Shelter in the City of Salem, we are very concerned about the loss of tax revenue and the City’s ability to continue providing adequate services. As such we support the establishment of a Payment In Lieu Of Taxes (PILOT) Agreement between the City and Northeast Animal Shelter in a manner that contributes a payment equivalent to the taxes paid by the former owner, Kelly Honda.
And Be It Further Resolved that the City initiate a PILOT or SILOT Program with other non-profit entities located or planning to locate in the City of Salem.
#208 – RESIDENT STICKER PARKING PROGRAM
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet to discuss moving the office that issues resident parking stickers from the Clerk’s office to either the Police Department or the Parking Department.
That a representative from the Police Department, Parking Department, City Clerks Office and the Mayor’s office be invited.
#209 – (#188 – 191) – GRANTING LICENSES
Councilor Lovely 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.
JUNK DEALER Collecting Dust Antiques, 18 Bridge St., Salem
SECOND HAND
VALUABLE Game Zone, 270 Essex St., Salem
TAG DAY S.H.S. Lacrosse April 1, 2006
S.H.S. Lacrosse April 29, 2006
#210 – (#175) – AMENDING ZONING FOR CURB CUTS
Councillor Sosnowski 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 to establish curb cuts in residential areas, has considered said matter and would recommend that the ordinance be drafted to then start the zoning process.
#211 – (#176) – AMENDING ZONING FOR DRIVE THROUGHS
Councillor Sosnowski 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 to be allowed by special permit, has considered said matter and would recommend that the ordinance be drafted to then start the zoning process.
#212 – (#174) – AMENDING ZONING FOR NEW DEVELOPMENT, TWO SPACES PER UNIT
Councillor Sosnowski 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 new development, two parking spaces per unit, has considered said matter and would recommend that the matter remain in Committee to be further discussed with the Planning Department and that it be done within the next thirty (30) days.
#213 – (#156) – MEETING WITH THE FORMER FINANCE DIRECTOR
Councillor Veno offered the following report for the Committee of the Whole. It was voted to accept the report with no recommendation.
The Committee of the Whole to whom was referred the matter regarding the current fiscal crisis has considered said matter and would recommend that the matter be reported out with no recommendation.
Councillor Lovely moved to send a vote of “No Confidence” to the School Committee. It was adopted by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Bencal, Corchado, Lovely, O’Keefe, O’Leary, Pelletier, Prevey, Sargent, Sosnowski and Veno were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#214 – (#155) – MAYOR’S BUDGET DEFICIT REDUCTION & STAFF REORGANIZATION PLAN
Councillor Veno 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 the Mayor’s Budget Deficit Reduction and Staff Reorganization Plan has considered said matter and would recommend that the matter remain in Committee.
#215 – (#152) – PARKING RATE INCREASES
Councillor Veno 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 Parking rate increases has considered said matter and would recommend approval.
#216 – (#664) – PARKING BOARD RECOMMENDATION
Councillor Veno 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 the Parking Board recommendations has considered said matter and would recommend that the matter remain in Committee.
#217 – (#121) – PLANNING BOARD RECOMMENDATION REGARDING PROPOSED ZONING FOR THE PROPERTY LOCATED AT 110 BOSTON STREET (ENDICOTT SCHOOL)
The following communication from the Planning Board was received after the deadline of Tuesday Noon. Councillor O’Leary requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
The following communication from Planning Board Chairman, Walter Power, submitting the Board’s recommendation regarding the proposed zoning amendment relative to the property located at 110 Boston Street (Endicott School), was adopted.
The City Council voted for first passage of the Ordinance by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Bencal, Corchado, Furey, Lovely, O’Keefe, O’Leary, Pelletier, Prevey, Sosnowski and Veno were recorded as voting in the affirmative. Councillor Sargent was recorded as voting in the negative.
Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#218 – PETITION FROM MASSACHUSETTS ELECTRIC FOR (4) FOUR CONDUITS ON CROMBIE STREET
A hearing was ordered for April 13, 2006 on the petition of Massachusetts Electric Company for four (4) conduits on Crombie Street.
#219 - #226 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Nichole Clarke, 28 Howard St., Salem
Michael Vitka, 395 Essex St., Salem
SECOND HAND
VALUABLE Cyrx Stryr Sales, 209 Essex St., Salem
Same Day Services, 2 Mason St., Salem
TAG DAY Salem Little League, May 13, 2006 & June 17, 2006
S.H.S. Boys Soccer, September 10, 2006 & October 21, 2006
Knights of Columbus, October 5, 6, 7, & 8, 2006
TAXI OPERATOR Weslei DeAlmeida, 320 Lafayette St., Salem
Steve Coughlin, 62 Lowell St. #4, Peabody
Rosa A. Marquez, 9 Proctor St., Peabody
Marc Birmingham, 13 Mason St., Salem
Diegoelia Pacheco, 4 Dalton Ct., Peabody
Victorino Santana, 49 Harbor St., Salem
Jose Perez, 86 Essex St. #104, Salem
Betsy R. McNaughton, 98 Newbury St. #26A, Danvers
Jose Lopez, 12 Mason St., Salem
#227 - #229 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Mark Lempert, 1 Salem St. #37, Swampscott
Lisa C. Millard, 74 Beaver St., Salem
Meghan Saunders, 302 Lafayette St. #1R, Salem
#230 – BOND
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Kyle N. Wheaton, 15 Leicester St., N. Oxford
On the motion of Councillor Prevey the meeting adjourned at 8:55 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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