“Know Your Rights Under the Open Meeting Law, M.G.L. c. 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council held in the Council Chamber on Thursday,
February 24, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on February 17, 2011 at 5:26 P.M. This meeting is being taped and is
live on S.A.T.V.
Councillor O’Keefe arrived late 8:11 P.M.
Council President Ryan presided.
Councillor Prevey moved to dispense with the reading of the record of the previous meeting. It was so Voted.
President Ryan requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Pelletier requested and received unanimous consent for suspension of the rules to allow the Mayor to swear in new Police Officers.
The following new officers were sworn in Radames Gonzalez Jr., Tracy O’Leary, William Olivieri Jr. and Daniel Tucker.
PUBLIC TESTIMONY
There was no one signed up for public comment.
#123 – REAPPOINTMENT OF MICHAEL TAYLOR TO COMMISSION ON DISABILITIES
The Mayor’s reappointment of Michael Taylor to serve on the Commission on Disabilities with a term to expire on February 1, 2013, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor O’Keefe was recorded as absent.
#124 – YEAR TO DATE BUDGET REPORT
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated January 31, 2010, be referred to the Committee on Administration and Finance.
The following Lease Agreement was held until the arrival of Councillor O’Keefe.
Councillor O’Keefe arrived at 8:11 P.M.
#125 – LEASE AGREEMENT FOR CITY HALL ANNEX AT 120 WASHINGTON STREET
Councillor Pelletier introduced the following Order. Councillor Pelletier moved that the agenda was corrected by deleting the word Resolution and replaced with the word Order.
ORDERED: Whereas, the City of Salem has the opportunity to save a minimum of $42,000 per year by entering into a new lease agreement for space known as City Hall Annex, and
Whereas, at the last Council meeting the necessary two thirds majority required to approve a lease agreement failed to support the proposed terms, and
Whereas, the proposed terms have been amended to reflect a more robust early termination option should the City be able to purchase or construct office space,
Now Therefore Be It Hereby ORDERED by the City Council of the City of Salem, as follows:
That the Mayor is hereby authorized to enter into a lease agreement for the premises located at 120 Washington Street under the terms and conditions previously submitted (see attached summary) with the exception of section 8, which shall be deleted and replaced with the following language:
8a. Option for Early Termination. In the event Tenant is able to construct or purchase office space for its municipal offices located within the leased premises of the Landlord, then Tenant may terminate this Lease Agreement prior to the Expiration Date (February 28, 2016) so long as the Tenant provides the Landlord with 12 months prior written notice of its intent to terminate the lease early, but in no event shall the Lease terminate subject to this section prior to February 28, 2014. A termination of this Lease under this section prior to February 28, 2016 shall subject the Tenant to an early termination fee of $28,333.00, one month’s rental payment.
b. Option to Extend. In the event Tenant does not exercise its option to terminate the Lease as set forth in Section 8a above, Tenant shall have the option to extend the Lease upon the same
terms, other than the Rent, for five successive one-year terms (the so-called “Option Terms”. Tenant must provide written notice to Landlord of its intent to extend the Lease at least six (6) months before the first day of the Option Term.
If Tenant does not provide written notice to Landlord of its intent to renew the Lease, Landlord in its sole discretion may place signage, banner or other advertisements on the Building, including at the level of the Premises, indicating the Premises is available for lease.
Annual Rent and Monthly Installments for each Option Term shall be subject to an increase equal to the percentage change in the “Consumer Price Index for Urban Earners and Clerical Workers, North of Boston, All Items (1982-84 =100) (hereinafter referred to as the “Price Index”) published by the Bureau of Labor Statistics of the United States Department of Labor, or any comparable successor or substitute index designated by the Landlord year over year. Notwithstanding the foregoing, in no event shall the increase be less than 0% or greater than 3%. The Annual Rent for the First Option Year shall be set by increasing the current annual rent of $340,000 by the percentage change between the period of December 2015 and December 2010 and in this instance the change in rent shall not be greater than 15%, since the adjustment is
intended to adjust for changes in prices over a period of five years.
Be It Hereby Further ORDERED that the Mayor and City Council form a joint committee consisting of in house staff, as well as representatives from the Council, to review and recommend options for future space for City Hall Annex offices.
PEABODY BLOCK LLC
LEASE AGREEMENT
Data Page
LANDLORD: |
Peabody Block LLC (Owner) of 120 Washington Street (commonly referred to as the Peabody Block) in Salem, Massachusetts with corporate offices located at c/o RCG LLC, 17 Ivaloo Street, Suite 100, Somerville, MA 02143 and its Property Management Agent RCG LLC (hereafter referred to as “Landlord”) |
TENANT: |
City of Salem, Office of the Mayor, 93 Washington Street, Salem, MA 01970 (hereafter referred to as the “Tenant”). |
LEASE TERM: |
Five (5) years as further defined herein. |
ANNUAL RENT: |
Three Hundred Forty Thousand Dollars ($340,000) |
RENEWAL OPTION: |
Five, separate, one-year (1 year) extension options as further defined herein. |
PREMISES: |
Office space consisting of approximately 20,000 +/- rentable square feet known as the City Hall Annex at 120 Washington Street, including accessible common areas, bathrooms, currently used basement storage space, 2nd floor North, the 3rd floor and the fourth floor (the “Premises”) with options to expand its space as further described herein, being part of the building and land located at 120 Washington Street at the corner of Washington Street and Essex Street, Salem, MA (the “Building”). |
COMMENCEMENT DATE OF LEASE: |
March 1, 2011. |
USE AND RESTRICTION: |
The leased Premises may be used for offices, public meetings and other business of the City of Salem. |
DATE OF LEASE: |
February , 2011 |
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Councillor Pelletier moved to amend by deleting the last paragraph “Be It Hereby Further ORDERED that the Mayor and City Council form a joint committee consisting of in house staff, as well as representatives from the Council, to review and recommend options for future space for City Hall Annex offices”, which was adopted by roll call vote of 11 yeas, 0, nays, 0 absent.
Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
Councillor O’Keefe moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Lovely moved to amend by adding section 8c “All provisions of section 8 shall be subject to City Council approval”, was adopted by roll call vote of 11 yeas, 0, nays, 0 absent.
Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
Councillor O’Keefe moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Sosnowski moved to amend Section 8a by deleting the words in the first sentence “is able to construct” and insert in place with “can find alternative office space”, was adopted by roll call vote of 11 yeas, 0, nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
Councillor Ronan moved to amend by removing the preamble language was adopted by roll call vote of 11 yeas, 0, nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative.
Councillor Pelletier moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#126 – PORTRAIT OF GEORGE WASHINGTON BE MOVED BACK TO COUNCIL CHAMBER
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Administration together with the efforts of the City Council arranges to have the portrait of George Washington be moved back to his place of honor in the City Council Chambers behind the Council President and that the matter be referred to the Committee on Government Services for their review and recommendation.
#127 – (#109-#113 & #682, #31, #71) GRANTING LICENSES
Councillor 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 approval.
PUBLIC GUIDES Richard Metzger, 25 Shepard St., Marblehead
Michael Metzger, 25 Shepard St., Marblehead
Susan Metzger, 25 Shepard St., Marblehead
Herb Van Dam, 361 Lafayette St., Salem
Allen Winecour, 161 Garland St., Everett
Gordon Lothrop, 12 Fairfield St., Salem
Robert Woodward, 56 Hatherly Rd., Rockland
Jeffrey Langone, 25 Brookside Ln., Burlington
Brad Biscosnet, 24 Pawtucket Blvd., Tyngsboro
Steven Kee, 185 Lafayette St., Salem
PUBLIC GUIDES
CONTINUED
Christiann Van Damme, 185 Lafayette St., Salem
Michelle Gilliss, 3 Auburn St., Danvers
Mollie Stewart, 24 Essex St. #1, Salem
Jeffrey Horton, 27 Bar Link Way #81, Swampscott
Fran Marrow, 12 Strawberry Hill Ln., Danvers
James McAllister, 86 Federal St., Salem
Nancy Sweeter, 60 Burley St., Danvers
Douglas Sabin, 34 Northey St., Salem
Hannah Diozzi, 20 Pleasant St., Salem
Steven Burstein, 76 Allen St., Arlington
Heather Allen, 1 Loring Ave., Salem
Emily Reardon, 15 Joan St., South Hadley
Victoria McKillop, 568 Bay Rd., S. Hamilton
Allison Emery, 1 Loring Ave., Salem
Jacqueline Kamel, 75 Pocahontas St., Walpole
Dawn Leoni, 16 Phillips St., Salem
TAG DAYS S.H.S. Baseball, April 9th & 23rd, 2011
S.H.S. Boys Soccer, Sept. 10th & Oct. 15th, 2011
Salem Little League, June 18th, May 7th & July 9th, 2011
Witch City Post 1524, May 26, 27, 28, & 29th, 2011
Witch City Post 1524, Nov. 10, 11, 12, & 13th, 2011
#128 – (#500) FEASIBILITY STUDY OF PUBLIC GUIDES
Councillor 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 a feasibility study regarding Public Guide Licenses, has considered said matter and would recommend that a subcommittee be formed consisting of Councillor Pelletier, Councillor O’Keefe, Jim McAllister, The City Clerk and the City Solicitor for review and recommendations.
#129 – (#368 of 2009) ORDINANCE RELATIVE OT UNREGISTERED VEHICLES
Councillor 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 the Unregistered Vehicle Ordinance, has considered said matter and would recommend the matter remain in Committee.
#130 & #130A (#590) ELECTED OFFICIALS RECEIVING COMPENSATION
Councillor 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 co-posted with Committee of the Whole to whom was referred the matter of Elected Officials receiving compensation from the City after termination or resignation from office, has considered said matter and would recommend that in Chapter 2 Section 278 subsection (a) the words “termination or” be deleted from the first sentence.
#130 A ORDINANCE AMENDING CHAPTER 2 SECTION 278
The following Ordinance was adopted by a roll call vote of 9 yeas, 1 nay, 1 absent.
Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, McCarthy, Lovely and Ryan were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative. Councillor O’Keefe was recorded as absent.
In the year two thousand and eleven
An Ordinance to amend an Ordinance relative to Elected Official receiving Compensation
Be it ordained by the City Council of the City of Salem, as follows
Section 1. Chapter 2, Section 2-278 Elected Officials receiving compensation from city after termination or resignation from office, is hereby amended by deleting in the first sentence of section (a) the words “termination or” it shall now read as follows:
(a) No elected official shall, within one year of the date of the resignation of his office in the City government, become an officer, employee or consultant in the city government and shall not, either directly or indirectly, receive compensation from the city government for any services rendered to him.
Section 2. This Ordinance shall take effect as provided by City Charter.
#131 – (#87) TRANSFER TO CEMETERY BURIAL ACCOUNT
Councillor McCarthy 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 in the amount of $2,000.00 from “Receipts Reserved – Sale of Vaults” to “Cemetery – Burial Account” has considered said matter and would recommend approval.
#132 – (#86) APPROPRIATION TO RETIREMENT BUYBACK FOR SCHOOL EMPLOYEES
Councillor McCarthy 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 in the amount of $55,250.30 for “Retirement – Buyback account” for the retirement of school employees has considered said matter and would recommend approval.
#133 – YEAR TO DATE AND MONTHLY FINANCIAL REPORTS
Councillor McCarthy 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 Monthly and Yearly Financial reports, has considered said matter and would recommend they remain in Committee.
#134 – FIVE YEAR CONTRACT WITH GOLF FACILITIES MGT. INC. FOR MANAGEMENT OF THE GOLF COURSE
A communication from Doug Bollen, Director of Park, Recreation and Community Services submitting the following Order, was referred to the Committee of the Whole.
ORDER: Authorize the Mayor and Superintendent of Park, Recreation and Community Service to enter into a five year contract with five additional one-year options with Golf Facilities Management Inc. for management of the City’s Municipal Golf Course.
#135 – LICENSE APPLICATIONS
The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs.
SECOND HAND Re-Find, 72 Washington St., Salem
CLOTHING
#136 – TAXI OPERATOR LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATORS Brad Dunbar, 116 Lafayette St., Salem
Tammy Mejia, 106 Boston St., Salem
Santo Ozoria, 9 Prince St. Pl., Salem
Edward Churchill, 98 Corning St, Beverly
Ramon Espinal, 16 Aborn St., Peabody
#137 - #141 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
:
James Donaher, 18 Freeman Rd., Salem
Jeanne Tiberio, 86 Essex St., Salem
Donna & Jim Herman, 214 Jefferson Ave., Salem
Shaun Madar, 33 Billington Sea Rd., Plymouth
Nauma Feagin, 23 Green St., Salem
On the motion of Councillor Pelletier the meeting adjourned at 9:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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