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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
December 5, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 26, 2013 at 3:21 P.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President Ryan presided.
Councillor Carr 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.
PUBLIC TESTIMONY
- Teasie Riley Goggin – 9 Wisteria Street – Tax Rate
#710 – TAX CLASSIFICATION PUBLIC HEARING
A public hearing was held on the issue of allocating the local property tax levy among the four (4) property classes for the fiscal year 2014, and the residential, open space, and small commercial exemptions options.
President Ryan then turned the Public Hearing over to the Board of Assessors and the Assessor Deborah Jackson.
Deborah Jackson introduced the Board of Assessors Donald Bates, Richard Jagolta and Damian Johnson.
She stated that we are her to set the tax rate the suggested rate is 1.65% and Not adopt exemptions. A slide presentation was done which showed the different classes of properties, Residential, Open Space, Commercial, Industrial and Personal Property. The current Levy Limit is $80,587,733 and Fiscal Year 2014 tax Levy is $26,981,209 we are $3,606,5243 less that the levy limit.
Sales in Calendar year 2012 were used to determine FY 2014 values. There were 480 sales utilized, 2 years of sales for multi/commercial/industrial/land.
245 condominiums
141 single families
50 multi-families
18 commercial and industrial properties
26 other sales (mixed use, land, etc.)
The average increase for a single family bill will be $103.00
The average increase for a condominium will be $53.00
The average increase for a two family will be $217.00
The average increase for a three family will be $$255.00
Commercial will increase $390.00
We recommend 1.65% = 86.1229
Councillor Prevey asked about the Power Plant and the controversy and where is the positive impact in keeping tax base low.
Mayor Driscoll responded we don’t see the number declining and part of the site will be a different use it’s an opportunity to have a public access for waterfront. To not have them would add to tax payers rates. To develop the property could bring more taxes, more jobs etc.
Councillor Prevey asked from 2000 to the present we have had shrinking development, are there other areas in the city that could be developed to bring in more revenue.
Mayor responded places we lost were before the year 2000, Vincent Chips, Sylvania plants to name a few. Some of the brownfields will be high end residential sites which generated more revenue than say Parker Brothers and the JPI site. There is an opportunity to develop the court houses which will generate more revenue.
Councillor Prevey regarding growth and commercial some of these developments are non-profit and we don’t gain anything. Has non-profits expanded?
Mayor responded they have not been taking places that are not contributing. There are SILOTS and PILOTS (Services in Lieu of taxes and Payments in lieu of taxes)
Councillor Legault stated when a non-profit takes over is there an agreement that they pay taxes
Councillor O’Keefe asked Salem State University is taking over the Diner will they pay taxes?
Mayor stated yes, the Enterprise Center pays taxes and so does the book store.
Councillor McCarthy asked does the Weir property have an escalation clause?
Deborah Jackson – Assessor stated they pay taxes
Councillor McCarthy asked if the property becomes a parking garage do they still pay?
Deborah Jackson stated yes it will be assessed as a parking garage.
Mayor thanked the Board of Assessors for all their hard work. And stated that Board member Donald Bates has decided to resign.
The Public Hearing was then opened to the Public
Teasie Riley Goggin asked when something comes off the tax rolls does it appear on the Cherry Sheet and does the CPA take away from The Cherry Sheet?
Mayor stated revenues we receive payments on State owned parcels. CPA will have an impact on assessment separate and will be surcharge on the tax bill.
Rinus Oostook Salem Chamber of Commerce stated he was making a case for the Commercial businesses
Councillor Prevey moved to close the public hearing on the Tax Rate. It was so voted.
#711 – HEARING OF VERIZON TO INSTALL CONDUIT ON HIGHLAND AVENUE
A hearing was held on an Order from Verizon to install a conduit on Highland Avenue.
Appearing in favor was Edward Bryant a representative of Verizon he stated this is a 45 foot underground conduit for the Salem Hospital. There was no one reported as opposed.
Councillor Siegel moved that the hearing be closed. It was so voted.
Councillor Siegel moved approval. It was so voted.
#712 – CONSTABLE
The Mayor’s appointment of Dana Berkeley to serve as a Constable with a term to expire November 20, 2014 was received and filed.
#713 – APPROPRIATION TO REDUCE GROSS AMOUNT TO BE RAISED BY TAXATION
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of One Million, Fourteen Thousand, Nine Hundred and Ninety-Five Dollars ($1,014,995.00) is hereby appropriated from the following “Receipts Reserved for Appropriation accounts” to reduce the gross amount to be raised by taxation when the Fiscal Year 2014 tax rate is set in accordance with the recommendation of Her Honor the Mayor
Receipts Reserved Witch House $184,632
Receipts Reserved Golf Course $579,794
Receipts Reserved Harbormaster $250,569
$1,014,995
Councillor Prevey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#714 – APPROPRIATION TO REDUCE GROSS AMOUNT TO BE RAISED BY TAXATION
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Five Hundred Thousand Dollars ($500,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to reduce the gross amount to be raised by taxation when the Fiscal Year 2014 tax rate is set in accordance with the recommendation of Her Honor the Mayor.
Councillor Prevey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#715 – APPROPRIATION TO “VETERANS – BENEFITS”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Two Hundred and Fifteen Thousand Dollars ($215,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Veterans – Benefits” account in accordance with the recommendation of Her Honor the Mayor.
#716 – APPROPRIATION TO “PARK & RECREATION – GOLF COURSE EQUIPMENT”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Fifty-Six Thousand Eight Hundred and Nineteen Dollars and Ten Cents ($56,819.10) is hereby appropriated from the “Receipts Reserved – Golf Course” account to “Park & Recreation – Golf Course Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#717 – APPROPRIATION TO “INSPECTIONAL SERVICES – STIPEND”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Six Thousand Dollars ($6,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to “Inspectional Services – Stipend” account in accordance with the recommendation of Her Honor the Mayor.
#718 – ACCEPT PROVISIONS OF SEC. 4, CHAPTER 73 OF ACTS OF 1986
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the Mayor and City Council accept the provisions of Section 4, Chapter 73 of the Acts of 1986 for Fiscal Year 2014, and that such additional exemptions granted by 100% of the statutory tax exemption amounts, provided all other qualification specified in said Section 4, Chapter 73 of the Acts of 1986 are met. (Exemptions for widows, elderly, veterans and blind property owners)
#719 – HOME RULE PETITION – SEASONAL LIQUOR LICENSE
The following Order recommended by the Mayor was adopted by a roll call vote of 10 yeas, 0 nays, 1 present, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillor O’Keefe was recorded as voting present.
ORDERED: That a petition to the General Court, accompanied by a bill for the conversion of a certain seasonal liquor license to an annual liquor license notwithstanding the provisions of Sections 17 and 17A 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 the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intend of this home rule petition:
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 sections 17 and 17A of chapter 138 of the General Laws, the licensing authority of the City of Salem may convert 1 seasonal license for the sale of wines and malt beverages to be drunk on the premises under section 12 of said chapter 138, currently issued to SMN, Inc. d/b/a/ Firenze Trattoria, located at 2 Lynde Street, to an annual license for the sale of wines and malt beverages to be drunk on the premises under said section 12 of said chapter 138 to SMN, Inc. d/b/a Firenze Trattoria, located at 2 Lynde Street. An annual license converted under this section shall be subject to all of said chapter 138, except sections 17 and 17A.
The licensing authority shall not approve the transfer of the license converted under this section to any other location, but it may grant the license to a new applicant at the same location if the applicant for the license files with the authority a letter from the department of revenue indicating that the license is in good standing with the department and that all applicable taxes have been paid.
If the license converted or granted under this section is cancelled, revoked or no longer in use, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority which may then grant the license to a new applicant at the same location under the same conditions as specified in this section.
SECTION 2. (a) The city of Salem shall charge a fee for the conversion to an annual license for the sale of wines and malt beverages pursuant to this act which shall be paid by the license at the time of issuance unless the licensing authority agrees to enter into an arrangement with the licensee which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from licensee, the option shall be made available, upon request, to all qualified applicants for licensure.
(b) Any fee collected by the city of Salem for a license converted or granted under this act which is greater that the amount of the fee charged for an annual renewal of a similar license issued by the city, shall be deposited into an economic development account which shall be established by the city of Salem to be expended by it in a manner consistent with the purposes of the account.
SECTION 3. This act shall take effect upon its passage.
#720 – LOCATION OF INAUGURATION
The following Order recommended by the Mayor was adopted.
ORDERED: That the location for City’s Inauguration set by Charter for the first Monday in January at 10:00 AM be located at Collins Middle School.
#721 – RESIDENTIAL FACTOR
Councillor Prevey introduced the following Order which was adopted by unanimous roll call vote. Councillor Turiel, Sosnowski, Siegel, Sargent, Prevey, O’Keefe, McCarthy, Legault, Furey, Carr and Ryan were recorded as voting in the affirmative.
ORDERED: That the City of Salem adopt a Residential Factor of 86.1229% for fiscal year 2014.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#722 – OPEN SPACE EXEMPTION
Councillor Prevey introduced the following Order which was adopted by unanimous roll call vote. Councillor Turiel, Sosnowski, Siegel, Sargent, Prevey, O’Keefe, McCarthy, Legault, Furey, Carr and Ryan were recorded as voting in the affirmative.
ORDERED: That the City of Salem NOT adopt an OPEN SPACE EXEMPTION for fiscal year 2014.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#723 – RESIDENTIAL EXEMPTION
Councillor Prevey introduced the following Order which was adopted by unanimous roll call vote. Councillor Turiel, Sosnowski, Siegel, Sargent, Prevey, O’Keefe, McCarthy, Legault, Furey, Carr and Ryan were recorded as voting in the affirmative.
ORDERED: That the City of Salem NOT adopt an RESIDENTIAL EXEMPTION for fiscal year 2014.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#724 – SMALL COMMERCIAL EXEMPTION
Councillor Prevey introduced the following Order which was adopted by unanimous roll call vote. Councillor Turiel, Sosnowski, Siegel, Sargent, Prevey, O’Keefe, McCarthy, Legault, Furey, Carr and Ryan were recorded as voting in the affirmative.
ORDERED: That the City of Salem NOT adopt an SMALL COMMERCIAL EXEMPTION for fiscal year 2014.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#725 – YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order which was adopted.
ORDERED: That the Year to Date Budget Report dated October 31, 2013, be referred to the Committee on Administration and Finance.
#726 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order which was adopted.
ORDERED: That the Monthly Financial Report dated September 30, 2013, be referred to the Committee on Administration and Finance.
#727 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order which was adopted.
ORDERED: That the Monthly Financial Report dated October 31, 2013, be referred to the Committee on Administration and Finance.
#728 – ORDINANCE RELATIVE TO LICENSE FEE FOR DOGS
Councillor Sosnowski introduced the following Ordinance which was adopted for first passage.
In the year Two Thousand and Thirteen
An Ordinance to amend and Ordinance relative to Animals
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 8, Article II. Dogs, is hereby amended by adding the following:
Section 8-34 License Fee
- The fee for a dog license shall be as follows:
- Male/Female $15.00 annually
- Neutered Male/Spayed Female $10.00 annually
(proof of neuter/spay required)
Section 2. This ordinance shall take effect as provided by City Charter.
#729 – ROAD RACE
Councillor McCarthy introduced the following Order which was granted.
ORDERED: That the enclosed Road Race application for the Wicked Running Club to hold its 7th Annual Frosty Four on January 1, 2014 and the use of city streets be granted.
#730 – (#701 – #703) GRANTING LICENSES
Councillor Sosnowski 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 license be granted
SEAWORMS Paul Lynch, 28 Anawan Ave., Saugus
Jose N. Bettencourt, 54 Fulton St., Peabody
Tomo Shiraishi, 58 Everett St., East Boston
SECOND HAND Tobie’s Jewelry, 142 Washington St., Salem
VALUABLE Game Zone, 270 Essex St., Salem
AAA Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
Marine Arts Galleries, Inc., 135 Essex St., Salem
Glass and Etc., Museum Place Mall, Salem
Once & Again, 45 Bridge St., Salem
Pickering Wharf Antiques Gallery, 69 Wharf St., Salem
SECOND HAND Re-Find LLC., 72 Washington St., Salem
CLOTHING Re-Find LLC, 244 Essex St., Salem
Boston St. Resale, 134 ½ Boston St., Salem
#731 – SUSPEND RULE 31B
Councillor Sosnowski 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 a list of matters has considered said matter and would recommend that rule 31B is suspended and the enclosed list of matters be brought forward into 2014. (list can be viewed in the City Clerks office during normal working hours)
#732 – PETITION NATIONAL GRID FOR CONDUITS ON BRIDGE STREET
A hearing was ordered for January 9, 2014 on the petition from National Grid to install conduits on Bridge Street.
#733 – LICENSE APPLICATIONS
The following license application were granted.
PUBLIC GUIDES Robert Kieran, 14 Tremont St., Salem
Charles Galvin, 5 Warren St., Salem
Joel Cassidy, 35 March St., Salem
Nancy Sweeter, 60 Burley St., Danvers
Cynthia Haigh, 4 Brackett St., Milton
Leo Ward, 31 Crescent Ave., Beverly
Cheryl McDonald, 61 Pierce Ave., Dorchester
Linda Harris, 3 Buford Rd., Peabody
David Harris, 3 Buford Rd., Peabody
#734 - #736 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
JUNK DEALER Newark Recycled Fibers, 53 Jefferson Ave., Salem
SEAWORMS Jose Machado, 138 Lynnfield St., Peabody
SECOND HAND Witch City Consignment, 301 Essex St., Salem
VALUABLE Harvest of Hope, 13 Franklin St., Salem
Game Stop, 440 Highland Ave., Salem
RJ Coins & Jewelry, 68 Wharf St., Salem
#737 - #739 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Sean Dixon-Gunn, 70 Salem St., Salem
Liberty Schauf, 21-02 28th Ave., Astoria, NY
SUBROGATED The Hanover Insurance Group (for Salem Five Bancorp), PO Box 15147, Worcester
#740 – #741 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: Dana Berkeley, 17 Andrews St., Lowell
SIGN: Two Girls Shop, LLC, 320 Derby St., Salem
(#692) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING LARCHMONT RD.
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50B, “Handicapped Parking Limited Time, Tow Zone” Larchmont Road, was then taken up. The Ordinance was adopted for second and final passage.
(#420) – SECOND PASSAGE ORDINANCE MAINTENANCE OF STRUCTURES & PROPERTY
The matter of second and final passage of an Ordinance amending Chapter 12, Article II Maintenance of Structures & Property of vacant residential properties in foreclosure, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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