A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 8, 2008 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 2, 2008 at 9:20 A.M.
All Councillors were present.
Council President Michael Sosnowski presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Sosnowski requested that everyone please rise to recite the Pledge of Allegiance.
#274 – ALTERING OF PEABODY STREET
A public hearing was held on the altering of Peabody Street by adding the parcel formerly known as 61 Ward Street as shown on the plan entitled “Right of Way Alteration Acceptance Plan of land at Ward and Peabody Streets”.
City Planner Lynn Duncan and Frank Taormina gave an overview of the project and spoke in favor. There was no one opposed.
Councillor McCarthy moved that the hearing be closed. It was so voted.
Councillor McCarthy moved for approval by roll call vote. It was approved by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
(#249) – APPT. OF JANET KENDALL TO THE BEAUTIFICATION COMMITTEE
Held from the last meeting the PersonNameMayor’s appointment of Janet Kendall to serve as a member of the Beautification Committee for a term to expire April 1, 2010, confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow Ms. Kendall to speak.
#275 – REAPPT. OF CHRISTINE SULLIVAN TO THE PLANNING BOARD
The Mayor’s reappointment of Christine Sullivan to serve as a member of the Planning Board for a term to expire May 1, 2013, was confirmed by a unanimous roll call vote 11 yeas, 0 nays, 0 absent.
#276 – APPTS. TO THE DESIGNER SELECTION COMMITTEE
The Mayor’s appointments of the following to serve as members of the Designer Selection Committee with the following terms to expire, was confirmed by a unanimous roll call vote 11 yeas, 0 nays, 0 absent.
Thomas St. Pierre, Building Inspector or his designee, term to expire May 1, 2011
Lynne Duncan, City Planner or her designee, term to expire May 1, 2010
Richard Viscay, Finance Director or his designee, term to expire May 1, 2009
#277 – #278 - REAPPT. OF CONSTABLE
PersonNameMayor’s reappointment of the following with a term to expire as follows, were received and placed on file.
Leo Ledwell, 26 Winthrop Dr., Falmouth Term to expire: June 21, 2009
Dana R. Williamson, 501 Boston St., Topsfield Term to expire: April 18, 2009
#279 - MAYOR’S OVERVIEW OF FIVE-YEAR FINANCIAL FORECAST AND FY2009 BUDGET
Mayor’s request to address the Council to provide an overview of the Five-Year Financial Forecast and FY 2009 Budget.
Councillor Prevey requested and received unanimous consent to suspend the rules to allow the Mayor to speak.
#280 – BOND ORDER - $12,985,000.00 CAPITAL IMPROVEMENT PROJECTS
The following Order, recommended by the Mayor, was adopted for first passage under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the sum of $12,985,000 be and hereby is appropriated to pay costs of various capital improvements set forth below, and for the payment of all other costs incidental and related thereto, and that to meet this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow said amount under and pursuant to Chapter 44, Sections 7 and 8 of the General Laws, or pursuant to any other enabling authority, and to issue and sell bonds or notes of the City therefore.
Project |
Approximate Amount |
Water Meters |
$3,000,000 |
Water Transmission placeMain |
2,500,000 |
Sewer Pump Station upgrade |
400,000 |
PlaceNameplaceSouth PlaceTypeRiver Basin upgrade |
4,350,000 |
Sewer Drain cleaning |
300,000 |
Sewer Drain improvements |
300,000 |
Golf Course Dept Equip |
100,000 |
Public Service - Dump Truck |
65,000 |
Public Service – Rubbish Packer |
65,000 |
Public Service DPW Equip (sanders/plows) |
65,000 |
Engineering infrastructure (roads) |
150,000 |
Engineering – Seawalls |
50,000 |
Police Vehicles |
70,000 |
Police Equipment – Guns |
50,000 |
Police Equipment – Radar |
25,000 |
Police - Range Repair |
40,000 |
Fire Pumper Truck |
375,000 |
Fire Equipment - Turnout Gear |
35,000 |
Parking - Equipment (multi-space meters) |
50,000 |
Recreation - Witch House Roof |
50,000 |
Recreation - Departmental equip |
50,000 |
Recreation - PlaceTypeplaceForest PlaceTypeRiver Pool |
165,000 |
Recreation - PlaceTypeplaceForest PlaceTypeRiver PlaceTypePark |
50,000 |
Recreation - CityplaceWillow Public Bathroom |
100,000 |
Electric Dept - Fire Alarm Receiver |
30,000 |
Engineering – Traffic Signal (Congress/Derby) |
100,000 |
School – Fire Alarm Systems (placePlaceNameCollins PlaceTypeMiddle School and Bentley Elementary) |
130,000 |
School – School Buses |
135,000 |
School – Infrastructure (placePlaceNameWitchcraft PlaceTypeHeights Athletic Fields) |
75,000 |
School – Infrastructure (Parking Access Improvements) |
75,000 |
School – Equipment (900 Gallon Water Heater – placePlaceNameCollins PlaceTypeMiddle School) |
35,000 |
FURTHER ORDERED, that the PersonNameMayor and the Treasurer are each authorized to file an application to qualify under Chapter 44A of the Massachusetts General Laws any and all bonds of the City issued under and pursuant hereto, and to provide such information and execute such documents as may be required in connection therewith.
#281 – BOND ORDER - $9,500,000.00 REFUNDING
The following Order, recommended by the Mayor, was adopted for first passage under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That in order to reduce interest costs, the Treasurer, with the approval of the PersonNameMayor, is authorized to issue refunding bonds to refund all or any portion of General Obligation Bonds of 1996 and General Obligation Bonds of 2000 in an amount not to exceed $9,500,000, pursuant to Chapter 44, Section 21A of the General Laws, and that the proceeds of these refunding bonds issued pursuant to this vote shall be used to pay the principal, redemption premium and interest on the bonds of the City to be refunded, and costs of issuance of the refunding bonds; and that the Treasurer is authorized to execute such documents as may be necessary or desirable to carry out this transaction, including one or more refunding trust agreements with a bank or trust company.
ORDERED: That the Treasurer is authorized to file an application with the appropriate officials of The Commonwealth of Massachusetts (the “Commonwealth”) to qualify under Chapter 44A of the General Laws any and all bonds of the City to be issued pursuant to this Order, and to provide such information and execute such documents as such officials of the Commonwealth may require in connection therewith.
#282 – BOND ORDER - $1,000,000.00 OPERATING COSTS FOR SCHOOLS FOR FY2008
The following Order, recommended by the Mayor, was adopted for first passage under suspension of the rules by roll call vote of 9 yeas, 0 nays, 0 absent, 2 present. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, and Sosnowski were recorded as voting in the affirmative. Councillors McCarthy and Veno were recorded as present. Councillor Prevey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED: That the sum of $1,000,000 be and hereby is appropriated to pay costs of operating and maintaining the Salem Public Schools for the 2008 fiscal year, as permitted by Chapter 15 of the Acts of 2008, and that to raise this appropriation, the Treasurer, with the approval of the Mayor, is authorized to borrow $1,000,000 under and pursuant to Chapter 15 of the Acts of 2008, Chapter 44 of the General Laws, as amended, or pursuant to any other enabling authority, and to issue and sell bonds or notes of the City therefor.
FURTHER ORDERED, that the Mayor and the Treasurer are each authorized to file an application to qualify under Chapter 44A of the Massachusetts General Laws any and all bonds of the City issued under and pursuant hereto, and to provide such information and execute such documents as may be required in connection therewith.
#283 – APPR. TO PUBLIC SERVICES – CONTRACTED SERVICES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fourteen Thousand Dollars ($14,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.
#284 – TRANSFER TO PUBLIC PROPERTY INSPECTION – CONTRACTED SERVICES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand Three Hundred Dollars ($2,300.00) is hereby transferred from the “Public Property Inspectional Part-Time Salary” account to the “Public Property Inspectional Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.
#285 – ORDINANCE RELATIVE TO COMMERCIAL WATER ACCOUNTS
The following Ordinance, recommended by the Mayor, was adopted for first passage by a unanimous roll call vote of 11 yeas, 0 nays. 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to commercial water accounts.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Section 46-36 is hereby amended by inserting
1) the phrase “except as otherwise provided in this section” within the first sentence immediately following the word “quarterly”
2) the phrase “or his or her designee” within the third sentence following the words ”director of public services”
3) the following new second paragraph:
“Following written notice to large commercial water accounts, all water furnished shall be payable monthly at the office of the treasurer/collector. If the bill is not paid within 21 days after due date, these charges shall bear interest at the rate prescribed by the general laws as applicable to delinquent taxes upon real estate.”
#286 – FIRE DEPT. CONFINED SPACE DRILLS REVOLVING FUND
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 approves the adoption of a Fire Department Confined Space Drills Revolving Fund in accordance with M.G.L. Chapter 44, Section 53E ½ , which authorizes special purpose revolving accounts.
#287 – TRANSFER TO VETERANS BENEFITS
The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Prevey 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.
ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby transferred from the “Unemployment” account to the “Veterans Benefits” account in accordance with the recommendation of Her Honor the Mayor.
#288 – RESOLUTION RETIREMENT OF FIRE DEPT. PERSONNEL
Councillor Pinto introduced the following Resolution which was adopted.
RESOLUTION:
WHEREAS: Deputy Chief John L. Munroe has dedicated thirty-five years of service to the City of Salem; and
WHEREAS: Captain Joseph J. Peruffo has dedicated thirty-six years of service to the City of Salem; and
WHEREAS: Lieutenant Thomas P. Stevens has dedicated thirty-three years of service to the City of Salem; and
WHEREAS: Lieutenant Gary P. Caron has dedicated twenty-one years of service to the City of Salem; and
WHEREAS: Fire Fighter John E. Rubin has dedicated thirty-six years of service to the City of Salem; and
WHEREAS: Have all served on the Salem Fire Department for more than two and three decades for the protection of the citizens of Salem; and
WHEREAS: In recognition of their years of service and particularly in the manner of professionalism in the performance of duties and responsibilities: and
WHEREAS: They have set an exceptional example for those in public service by their obvious dedication.
NOW THEREFORE BE IT RESOLVED: That the Salem City Council of the City of Salem extends to these dedicated and brave men, sincere appreciation, on behalf of a grateful community, for service and job well done. The City Council wishes to also extend to you and your family best wishes for happy, healthy and prosperous years of retirement.
AND BE IT FURTHER RESOLVED: That this resolution be made a matter of the record of these proceedings, and that a suitable copy be sent along with a City Seal, on behalf of the Salem City Council, as a token of our appreciation.
#289 – APPOINT LIASONS FOR THE OFFICE OF THE ATTORNEY GENERAL
Councillor O’Keefe introduced the following Resolution which was adopted.
ORDERED: That the Council President for the City Council of each year and the City Solicitor be the contact individual to the new Municipal Liaison for the Office of the Attorney General.
#290 – ORDINANCE TO AMEND ZONING TO EXTEND B-5 ZONE TO INCLUDE 129-151 LAFAYETTE ST. (ST. JOSEPH’S)
Councillor McCarthy introduced the following Ordinance, which was referred to the Planning Board to schedule a joint public hearing with the City Council.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. In accordance with the requirements of Massachusetts General Laws Chapter 40A, Section 5, that the B-5 Central Development District be extended to include the parcel of property situated at 129-151 Lafayette Street located between Harbor Street and Dow Street as shown on the City of Salem Assessor’s Map 34, Parcel 0307.
#291 – COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2007
Councillor Prevey introduced the following Order, which was referred to the Committee on Administration and Finance and co-posted with the Committee of the Whole.
ORDERED: That the Comprehensive Annual Financial Report for Fiscal Year ended June 30, 2007 be received and filed.
#292 – FINANCIAL REPORT FROM POWERS & SULLIVAN
Councillor Prevey introduced the following Order, which was referred to the Committee on Administration and Finance and co-posted with the Committee of the Whole.
ORDERED: That the City of Salem Management Letter dated June 30, 2007 and the Reports on Federal Award Programs for Fiscal Year ended June 30, 2007 by Powers & Sullivan be received and placed on file.
#293 – TAG DAY APPLICATION FOR SALEM HIGH SCHOOL MUSIC DEPARTMENT
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day application for the Salem High School Music Department for May 18, 2008 from 7:00 A.M. to 3:00 P.M. be approved.
#294 – YEAR TO DATE BUDGET REPORT DATED APRIL 30, 2008
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Year-To-Date Budget Report dated April 30, 2008 be received and placed on file.
#295 – FINANCIAL REPORT DATED MARCH 31, 2008
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Financial Report dated March 31, 2008 be received and placed on file.
#296 – NAMING VETERAN’S SQUARE IN HONOR OF SGT. STEPHEN RIZZOTTI JR.
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Salem City Council officially designates the corner of Summer and High Street as “Rizzotti Square” in honor of Sgt. Stephen Rizzotti Jr., who was killed in action during World War II.
AND BE IT FURTHER ORDERED: That the Veteran’s Agent, working in conjunction with the Police Traffic Division, erect a suitable sign at this location to honor the late Stephen Rizzotti Jr.
#297, 297A, 297B – FORTUNETELLING ORDINANCE AND SCHEDULE OF FEES
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 Fortunetelling Fair Ordinance and Schedule of Fees, has considered said matter and would recommend that the two enclosed ordinances submitted by the City Solicitor be adopted for first passage.
#297A – ORDINANCE AMENDING BUSINESS LICENSES AND FEES
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Business Licenses and Fees.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14, Division 1, Section 14-38 Fee Schedule is hereby amended by deleting the sentence “Fortunetelling, fair license …25.00/day” in it’s entirety and replacing it with the following new sentences:
“Fortunetelling, fair licenses… 25.00/day Monday-Thursday
Fortunetelling, fair license …50.00/day Friday, Saturday, Sunday and Federal Holidays”
Section 2. This Ordinance shall take effect as provided by City Charter.
#297B – ORDINANCE AMENDING FORTUNETELLING, ASTROLOGY, ETC.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Fortunetelling, Astrology, etc.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14, Article II, Division 2, Fortunetelling, Astrology, etc. is hereby amended by
1) inserting the phrase “in excess of 51% set off by commas and immediately following the word “predominantly” within sub-section (c) of Section 14-72 Definitions; and
2) deleting Section 14-73 Licensing Board Authorized to License in its entirety and replacing it with the following
“Section 14-73 Licensing Board Authorized to License
(a) Individual Licenses. The Licensing Board is authorized to issue licenses to individuals for the regulation of the business of palmistry, fortunetelling, phrenology, card reading, astrology or
any such enterprise as defined in Section 14-72. Individual license holders may operate within their own business. In the event an individual license holder is an employee in a store other than their own or a sub-licensee of a fair, the individual must also be properly licensed in accordance with sections (b) and (c) below.
(b) Store Licenses. The Licensing Board may issue store licenses. A store license shall license the owner of an establishment to employ, in addition to the store owner, up to five employees or sub-contractors to engage in the enterprise of fortunetelling, upon the premises of the licensed store. The employee or sub-contractor shall be considered a sub-licensee and shall only be considered licensed as long as the employee is employed by the holder of the store license. Upon the discontinuance of employment at the licensed
store, the employee or sub-contractor shall no longer hold a valid fortunetelling license. Licenses shall be framed and prominently displayed in the store and made available for inspection.
(c) Fair Licenses. The Licensing Board may issue Fair Licenses upon application thereof. The application for a Fair License must include a definite, fixed address for the entire length of the proposed Fair. A Fair license shall only be issued to a store owner or individual who possesses a valid license as described in section (a) and (b) above. Those persons employed or retained by the Fair License holder shall be considered a sub-licensee and shall only be considered licensed as long as the individual is employed or retained by the holder of the Fair License. Upon the close of the Fair, the individual employed or retained by Fair applicant shall no longer hold a valid license. No Fair License issued under this division shall license more that twenty
(20) individual fortunetellers, as defined in Section 14-72, but no more than ten (10) licensed fortunetellers may read a any one time on Friday, Saturday, Sunday and Federal Holidays and no more that five (5) licensed fortunetellers may read at any one time Monday through Thursday.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#298 – 298A - SOLICITOR’S OPINION REGARDING TROLLEYS
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 the City Solicitor’s opinion regarding Trolleys has considered said matter and would recommend that the enclosed Ordinance submitted by the Solicitor relative to Vehicles for Hire (Trolley’s) be adopted for first passage.
#298A – ORDINANCE AMENDING VEHICLES FOR HIRE (TROLLEY’S)
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Vehicles for Hire (Trolley’s).
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 44, Article I, Section 44-2 is hereby amended by:
1) deleting the phrase “expire on December 31 annually” as it appears in the second sentence of subsection (f) Fee; Term and replacing it with the phrase “be issued from May 1 through April 30”; and
2) adding the following new subsection as follows:
“(h) Effective June 1, 2008, the number of licensed trolley tour busses licensed to operate at any one time on city streets shall be limited to three (3) trolleys per business applicant. Until such time as they fail to renew their licenses, any existing licensed trolley tour bus business whose license(s) were first issued prior to May 1, 2008 shall be grandfathered at a limit not to exceed six (6) trolley tour bus licenses. The failure of any grandfathered license holder to renew a license in subsequent years shall reduce the total number available to the licensed business by the number of licenses not renewed, but not less than the number allowed non-grandfathered applicants.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#299 – (#171) - CAPITAL IMPROVEMENT PLAN FOR FY 2008 – 2013
Councillor Prevey 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 the Capital Improvement Plan for FY 2008 – 2013 has considered said matter and would recommend approval.
#300 – 300A – (#201) – SPRAY PAINT ORDINANCE
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 Offenses and Miscellaneous Provisions Sale, Possession and display of certain paints and markers; Defacement of Property Prohibited, has considered said matter and would recommend the proposed Ordinance on this matter prepared by the City Solicitor be discussed with businesses involved in the sale (list attached) of any aerosol spray paint or any marker containing a fluid which is not water soluble on Wednesday evening May 29, 2008 at 6:00 PM in the City Council Chambers.
#300A – ORDINANCE RELATIVE TO SPRAY PAINT
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Offenses and Miscellaneous Provisions
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24, Sec. 24-25 is hereby amended by deleting this section in its entirety and replacing it with the following:
“Sec. 24-25. Sale, Possession and Display of Certain Paints and Markers; Defacement of Property Prohibited
(a) Sale of Certain Paints and Markers
No person shall within the City sell, display, expose or keep for sale any aerosol spray paint can, nor, any marker containing a fluid which is not water-soluble and which has a point, brush, applicator or other writing surface in excess of one-half inch, unless at the point of display or sale there is posted a sign with letters not less than one and one-half (1-1/2") inches in height bearing the following words:-~“SALE OF SPRAY PAINT AND BROAD INDELIBLE MARKERS TO PERSONS UNDER EIGHTEEN AND THE UNLAWFUL PURCHASE OR POSSESSION OF PAINTS AND SUCH MARKERS BY PERSONS UNDER EIGHTEEN IS PUNISHABLE BY A THREE HUNDRED DOLLAR FINE.”, nor shall any person sell or deliver any aerosol spray paint, nor any marker containing a fluid which is not water-soluble and which has a point, brush, applicator or
other writing surface in excess of one-half (½") inch to any person under eighteen (18) years of age or to any person of whatever age who refuses to submit for inspection if requested a driver's license, liquor purchase identification or other identification to establish the age of such person, nor shall any person being under the age of eighteen (18) purchase, conceal or remove from the premises such items, providing that nothing herein shall prevent the parent, guardian, employer, or teacher of such a minor person from delivering such items to a minor intending the same to be lawfully used.
(b) Display of Certain Paints and Markers
Every person who owns, conducts, operates or manages a retail commercial establishment selling aerosol spray paint or any marker containing a fluid which is not water-soluble and which has a point, brush, applicator or other writing surface in excess of one half (½") inch shall store or cause such aerosol spray paint or markers to be stored in an area continuously observable by employees of said retail commercial establishment during the regular course of business.
In the event a commercial retail establishment is unable to store such aerosol spray paint or markers in an area as provided in this section, as an alternative such aerosol spray paint or markers shall be stored in an area not accessible to the public in the regular course of business without employee assistance, pending the lawful sale or disposition of such aerosol spray paint or markers.
(c) Possession of Certain Items and Defacement of Property Prohibited
No person shall, in or upon any public way, street, alley, park, playground, school, public building, public structure, wall, fence, post, sign, rock, monument, gravestone, tablet, public motor vehicle, or other public place or property within the City nor in or upon any private estate within the City, without the permission of the owner or person in charge thereof having first been obtained, nor in any way or manner otherwise prohibited paint, mark, scratch, etch, inscribe, injure, mar, destroy, tag, affix/apply a sticker to, or in any way deface such place or property.~ No person under eighteen (18) years of age, without such permission, shall carry or use (i) paint of any type or (ii) a non- water-soluble marker with a point, brush, or applicator with a width exceeding one-half (½) inch. Each and every painting, mark, scratch, etching, inscription, injury, mar, destruction, tag, sticker, or defacement shall be considered a separate and distinct violation of this section.~
(d) Fine
Each and every violation of this section shall be punished by a fine in the amount of three hundred ($300.00) dollars.
Section 2. This Ordinance shall take effect as provided by City Charter.
#301 – (#268, 475) – PUBLIC GUIDE LICENSE APPLICATION
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 the Public Guide License for Mike Vitka has considered said matter and would recommend that the matter remain in Committee.
#302 – (#269) – GRANTING CERTAIN 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 of a Seaworm License for Bette Larsen, 190 Bridge St., Salem.
#303 – (#251) – TRANSFER TO POLICE DEPT. EXPENSES
Councillor Prevey 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 Police Salary to various Police Expense Accounts has considered said matter and would recommend approval.
#304 – (#172, 265, 265A, 265B, 304A, 304B) – ORDINANCE RELATIVE TO THE MAYOR’S SALARY
Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
Councillors Sargent and Councillor O’Keefe signed disclosure of financial interest.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the City Council and Mayor’s Salary Ordinance has considered said matter and would recommend that the attached ordinances be adopted for first passage.
#304A – ORDINANCE AMENDING SALARY OF CITY COUNCIL
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to the Salary of the City Council
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Division 2, Section 2-271 Compensation is hereby amended by adding the following phrase at the end of the second sentence:
“until December 31, 2009 when said quarterly expense reimbursements totaling $2,000.00 per annum shall be repealed.
Section 2. This Ordinance shall take effect as provided by City Charter.
#304B – ORDINANCE AMENDING SALARY OF THE MAYOR
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the Mayor’s
Salary Ordinance has considered said matter and would recommend that the attached ordinance be adopted for first passage.
Councillor O’Keefe moved to amend Sec. 142 (a) the Salary to $110,000.00 per annum The motion was defeated by a roll call vote of 2 yeas, 9 nays, 0 absent.
Councillors Furey and O’Keefe were recorded as voting in the affirmative. Councillors Lovely, McCarthy, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The matter was adopted for first passage by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent and Sosnowski were recorded as voting in the affirmative. Councillor Veno was recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to the Salary of the Mayor
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Division 2, Section 2-142 Compensation is hereby amended by deleting this section in its entirety and replacing it with the following:
“Sec. 2-142. Compensation.
(a) Effective January 4, 2010, the Mayor shall receive a salary of $100,000.00 per annum.
(b) During the first three months of the City Council’s biennial organization, commencing January, 2011, the matter of the Mayor’s compensation shall be reviewed by the City Council Committee on Administration and Finance and a recommendation reported to the City Council no later than the first meeting in April. The Committee shall recommend the salary of the Mayor for the subsequent two fiscal years.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#305 – (#108) – GLOBAL WARMING
Councillor Lovely offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred the matter of a presentation by Jeff Barz-Snell on Global Warming has considered said matter and would recommend that the matter remain in Committee.
#306 – CONDUIT ON BRIDGE STREET
A hearing was ordered for May 22, 2008 on the petition from National Grid to install a conduit (manhole and duct installation) on Bridge St. between Washington and Webb Streets.
#307 – #308 - LICENSE APPLICATIONS
The following licenses applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Joanne McCrea, 386 Essex St. #3, Salem
Merrill Kohlhofer, 44 Beaver St., Salem
Colleen O’Toole, 7 Union St. #1, Salem
Amanda Prouy, 300 Essex St. #9, Salem
Katelyn Gordon, 33 Franklin St., Salem
TAG DAY S.H.S. Football, Sept. 20, 2008, Oct. 4, 2008 & Nov. 1, 2008
#309, 310, 311 – LICENSE APPLICATIONS
The following licenses applications were granted.
TAXI OPERATORS Ramon Romero, 300 Washington St., Salem
VEHICLE FOR HIRE The Salem Trolley, 8 Central St., Salem (4 Trolleys)
Witch City Rickshaws, 63 Jefferson Ave., Salem (5 Pedicabs)
Cory Higgins, 5 West Ave., Salem (Operator)
#312 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS
The following Drainlayer / Contract Operator License Application was granted.
Cahill Land Development, 9 Shortell Ave., Beverly
#313 - #314 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Karen Reeves, 118 Lafayette St., Salem
Jamie McDowell, Matthew Navins, Rachel Hunt & Colin Maclay, 95 Essex St., Salem
#315 - #316 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: Dana R. Williamson, 501 Boston St., Topsfield
DRAINLAYER Cahill Land Development, 9 Shortell Ave., Beverly
(#255) – ORDINANCE, TRAFFIC, ONE WAY, WARD STREET
The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec. 10, One Way Street on Ward Street, was then taken up. The Ordinance was adopted for second and final passage.
(#257) – ORDINANCE, TRAFFIC, STOP SIGN, PEABODY STREET
The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec. 49, Stop Sign, Peabody Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Pelletier the meeting adjourned at 10:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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