MINUTES - Regular - 12/14/2000 CITY OF SALEM
639
DECEMBER 14, 2000
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on
Thursday, December 14, 2000 at 7.00 P.M. for the purpose of transacting any and all
business. Notice of this meeting was posted on December 8, 2000 at 12.01 P.M.
All Councillors were present.
Council President Kevin R. Harvey presided.
Councillor Flynn moved to dispense with the reading of the record of the
previous meeting. It was so voted.
President Harvey requested that everyone please rise to recite the Pledge of
Allegiance.
CLASSIFICATION HEARING
A hearing was held on the issue of allocating the local property tax levy among
the five (5) property classes for the fiscal year of 2001, and the residential, open
space, and small commercial exemption options.
President Harvey recognized Mayor Usovicz, who was in attendance this
evening. Mayor Usovicz recommended that the City Council maintain a residential
factor of 75.1796%.
President Harvey stated that the City Council had not received the annual
request for the elderly exemption, and asked if the administration had planned to
submit this request.
Mr. Frank Kulik, Director of Assessing, stated that it would be submitted this
evening for a vote, and it was purely an oversight that the Council had not received it
earlier.
President Harvey gave a brief presentation, showing how even though the tax
rate may go down, the tax bills are going up by large amounts, due to the increased
assessments.
Mr. Frank Kulik then gave an overview of how the city reaches the point of
coming here this evening to set a tax rate. He explained how we started back in the
1980's to meet and set a tax rate, which is due to changes in the State Laws. He
further stated that the City Council votes on the residential factor. Mr. Kulik then
turned the hearing over to Assessor Donald Bates.
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REGULAR MEETING OF THE CITY COUNCIL
Mr. Bruce Guy, Finance Director, explained that the increase in the budget is
due to fixed costs, such as insurance, and inflation.
President Harvey asked about the amount of certified free cash.
Mr. Guy responded that we were certified yesterday at $4,425,000.00.
President Harvey stated that it has been past practice to use some free cash to
lower the tax rate, and provide tax relief.
The hearing was then opened up to the audience, and questions were asked
by the residents.
Councillor O'Leary moved that the hearing be closed. It was so voted.
Councillor O'Leary moved to go to Motions, Orders, and Resolutions. It was so
voted.
#903 -ACCEPT CH. 73, SEC. 4, ACTS OF 1986, ADDITIONAL EXEMPTIONS FOR
REAL ESTATE TAXES
Councillor O'Leary introduced the following Order, which was adopted by a
unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O'Leary 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 1 986 for Fiscal Year 2001, 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.
#904 - RESIDENTIAL FACTOR
Councillor Driscoll introduced the following Order, which was adopted by a roll
call vote of 8 yeas, 3 nays, 0 absent. Councillors DeToma, Driscoll, Flynn, Furey,
Hayes, LaCava, O'Keefe, and Sargent were recorded as voting in the affirmative.
Councillors Lovely, O'Leary, and Harvey were recorded as voting in the negative.
Councillor Hayes moved for immediate reconsideration in the hopes it would
not prevail. Reconsideration was denied.
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REGULAR MEETING OF THE CITY COUNCIL
Ordered: That the City of Salem adopt a Residential Factor of 75.1796% for
fiscal year 2001.
#905 - OPEN SPACE EXEMPTION
Councillor Driscoll introduced the following Order, which was adopted by a
unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Driscoll moved for immediate reconsideration in the hopes it would
not prevail. Reconsideration was denied.
Ordered: That the City of Salem not adopt an Open Space Exemption for fiscal
year 2001.
#906 - RESIDENTIAL EXEMPTION
Councillor Driscoll introduced the following Order, which was adopted by a
unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Hayes moved for immediate reconsideration in the hopes it would
not prevail. Reconsideration was denied.
Ordered: That the City of Salem not adopt a Residential Exemption for fiscal
year 2001.
#907 - SMALL COMMERCIAL EXEMPTION
Councillor Driscoll introduced the following Order, which was adopted by a
unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Hayes moved for immediate reconsideration in the hopes it would
not prevail. Reconsideration was denied.
Ordered: That the City of Salem not adopt a Small Commercial Exemption for
fiscal year 2001.
Councillor O'Leary moved to return to the regular Order of business and hold a
two minute recess. It was so voted.
#908 -APPT. MICHAEL ALLEN, CONSERVATION COMMISSION
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The Mayor's appointment of Michael Allen to serve as a member of the
Conservation Commission for a term to expire March 1, 2001, was confirmed under
suspension of the rules, by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O'Leary requested and received unanimous consent to suspend the
rules to allow Mr. Allen to speak.
Councillor Hayes moved that a letter and City Seal be sent to Mr. Paul Orr. It
was so voted.
#909 -APPT. CONSTABLE
The Mayor's appointment of David E. Fine to serve as a Constable for a term to
expire November 22, 2001, was received and filed.
#910 -APPR. STABILIZATION FUND
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 Reserved for Appropriation - Free
Cash" Account to the "Stabilization Fund" in accordance with the recommendation of
His Honor the Mayor.
#911 -APPR. PUBLIC SERVICES ENGINEERING SOLID WASTE COLLECTION
The following Order, recommended by the Mayor, was referred to the
Committee on Administration and Finance under the rules.
Ordered: That the sum of Three Hundred Sixty-Three Thousand, Nine
Hundred and Twenty-Four Dollars ($363,924.00) is hereby appropriated from the
"Fund Balance Reserved for Appropriation - Free Cash" Account to the "Public
Services/Engineering - Solid Waste Collection" Account in accordance with the
recommendation of His Honor the Mayor.
#912 -APPR. PUBLIC SERVICES ENGINEERING SOLID WASTE COLLECTION
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The following Order, recommended by the Mayor, was referred to the
Committee on Administration and Finance under the rules.
Ordered: That the sum of Three Hundred Fifty-One Thousand, Six Hundred
and Twenty-Three Dollars ($351,623.00) is hereby appropriated from the "Fund
Balance Reserved for Appropriation - Free Cash" Account to the "Public
Services/Engineering Solid Waste Collection" Account in accordance with the
recommendation of His Honor the Mayor.
#913 -APPR. FIRE SALARIES FULL TIME
The following Order, recommended by the Mayor, was adopted under
suspension of the rules.
Councillor Lovely requested and received unanimous consent to suspend the
rules to allow Fire Chief Robert Turner to speak.
Ordered: That the sum of Seventeen Thousand Three Hundred Sixty-Six
Dollars ($17,366.00) Is hereby appropriated from the "Fund Balance Reserved for
Appropriation - Free Cash" Account to the "Fire Department - Salaries - Full Time"
Account in accordance with the recommendation of His Honor the Mayor.
#914 -APPR. CAPITAL OUTLAY FOR ROOF WORK AT ENGINE #2 FIRE HOUSE
The following Order, recommended by the Mayor, was adopted under
suspension of the rules.
Ordered: That the sum of Three Thousand Five Hundred Thirty-Five Dollars
($3,535.00) is hereby appropriated from the "Capital Outlay - Renovations and
Repairs" Account to be expended for the completion of roof work on Salem Engine, #2
Fire House in accordance with the recommendation of His Honor the Mayor.
#915 -AUTHORIZE MAYOR TO EXECUTE CONTRACT WITH NORTHSIDE
CARTING FOR SOLID WASTE SERVICES
The following Order was recommended by the Mayor. Councillor Lovely moved
to refer the matter to the Committee on Administration and Finance to hold a meeting
on Wednesday, December 20, 2000 at 6.00 P.M., followed by a Special Meeting of
the City Council. It was so voted. Councillors Hayes, O'Leary, and O'Keefe were
recorded as "opposed".
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ORDERED: That the Mayor, Purchasing Agent and Director of Public Services
are hereby authorized to execute a Solid Waste Services Agreement between the City
of Salem and Northside Carting, Inc. for solid waste collection and disposal services
commencing January 1, 2001 through December 31, 2001, provided that no later than
November 30, 2001, the City may elect in its sole discretion to extend the period of
the Contract for an additional four (4) years through December 31, 2005.
#916 -AUTHORIZE PURCHASING AGENT TO DISPOSE OF 500 SURPLUS
WATER METERS
The following Order, recommended by the Mayor, was adopted.
Councillor O'Leary requested and received unanimous consent to suspend the
rules to allow Mr. Albert Hill, Purchasing Agent, to speak.
Ordered: That the Purchasing Agent is hereby authorized to dispose of
approximately 500 surplus water meters through a competitive bidding process.
#917 - SUPPORT OF INTEGRITY OF WENHAM LAKE DRINKING WATER SUPPLY
Councillor Flynn introduced the following Order:
Ordered: That the City Council support the insuring of the integrity of the
drinking water for Beverly, Salem and Wenham by promoting the thorough
investigation, impartial evaluation and effective removal of threats to the Wenham
Lake Watershed, including the contributing water reservoirs of Putnamville, Longham
and Ipswich River.
Councillor Harvey amended "that the Committee on Public Health, Safety and
the Environment meet in January with Wenham Lake Watershed Association to
discuss dangerous contaminants surrounding our drinking water supply." It was so
voted.
The Order was adopted as amended so that it shall now read as follows:
Ordered: That the City Council support the insuring of the integrity of the
drinking water for Beverly, Salem and Wenham by promoting the thorough
investigation, impartial evaluation and effective removal of threats to the Wenham
Lake Watershed, including the contributing water reservoirs of Putnamville, Longham
and Ipswich River.
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AND BE IT FURTHER ORDERED: that the Committee on Public Health, Safety
and the Environment meet in January with Wenham Lake Watershed Association to
discuss dangerous contaminants surrounding our drinking water supply.
#918 - RESOLUTION - FINANCIAL SUMMIT
Councillor Driscoll introduced the following RESOLUTION:
WHEREAS: municipal auditors, bond rating agencies, the Government Finance
Officers Association (GFOA) and the National Advisory Council on State and
Local Budgeting (NACSLB) all recommend that local governments prepare three
to five year financial forecasts of revenues and expenditures, and
WHEREAS, effective revenue and expenditure forecasting by the City will
provide an understanding of available funding, evaluate current and future
financial risks, assess the likelihood that city services can be sustained, and
assess the level at which capital investments in our community can be made,
and
WHEREAS, the tax agreement entered into between the City of Salem and New
England Power relative to the Salem Harbor Power Plant calls for a 4.2 million
dollar reduction in tax revenues to the City of Salem over the course of the next
three fiscal years, commencing July 1, 2001, and
WHEREAS, over the course of the last two years, a period during which the City
received unprecedented revenues from state coffers and encountered no
reduction in revenues from the Dower plant tax agreement, the average
residential property tax bill in the City still increased by $226.00 and
WHEREAS, the impact of the impending power plant tax agreement will have a
severely deleterious effect on all tax payers within the City of Salem,
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SALEM, AS FOLLOWS:
That the City of Salem immediately commence preparation of a 36 month
financial plan consisting of items such as an assessment of fiscal problems and
opportunities facing the City and actions needed to address these issues; a
short and long term forecast of municipal revenues and expenditures that
incorporates economic, planning and policy assumptions; and short and long
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term revenue, expenditure, and service implications of continuing or ending
existing programs or adding new programs, services and debt. The goal of this
financial planning process will be to provide a framework for decision makers
and stakeholders in the community to shape policy and actions before economic
problems worsen.
BE IT FURTBER RESOLVED that local elected municipal officials, including
representatives from the School Committee, City Council and Administration,
schedule a fiscal summit during the month of January, 2001 regarding the present
and future financial condition of the City of Salem and the preparation of the
aforementioned financial plan.
Councillor O'Keefe amended after the word "assumptions" add the following:
"agreements with non-profit non-taxable property for payments/services in lieu of
taxes. It was so voted.
The resolution as adopted as amended so that it shall now read as follows-
RESOLUTION-
WHEREAS- municipal auditors, bond rating agencies, the Government
Finance Offices Association (GFOA) and the National Advisory Council on
State and Local Budgeting (NACSLB) all recommend that the local governments
prepare three to five year financial forecasts of revenues and expenditures and
WHEREAS: effective revenue and expenditure forecasting by the City will provide
an understanding of available funding, evaluate current and future financial risks,
assess the likelihood that city services can be sustained, and assess the level at
which capital investments in our community can be made, and
WHEREAS: the tax agreement entered into between the City of Salem and
New England Power relative to the Salem Harbor Power Plant calls for a
4.2 million dollar reduction in tax revenues to the City of Salem over
the course of the next three fiscal years, commencing July 1, 2001 and
WHEREAS: over the course of the last two years, a period during which the City
received unprecedented revenues from state coffers and encountered no reduction
in revenues from the power plant tax agreement, the average residential property
tax bill in the City still increased by $226.00 and
WHEREAS: the impact of the impending power plant tax agreement will have a
severely deleterious effect on all tax payers within the City of Salem,
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REGULAR MEETING OF THE CITY COUNCIL
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SALEM AS FOLLOWS:
That the City of Salem immediately commence preparation of a 36 month financial
plan consisting of items such as an assessment of fiscal problems and
opportunities facing the City and actions needed to address these issues; a short
and long term forecast of municipal revenues and expenditures that incorporates
economic, planning and policy assumptions; agreements with non-profit non-
taxable property for payments/services in lieu of taxes and short and long term
revenue, expenditure, and service implications of continuing or ending existing
programs or adding new programs, services and debt. The goal of this financial
planning process will be to provide a framework for decision makers and
stakeholders in the community to shape policy and actions before economic
problems worsen.
#919 - TAG DAY - SHS. BASKETBALL
Councillor Hayes introduced the following Order, which was adopted.
Ordered: That the attached tag days for S.H.S. Basketball Boosters be approved.
#920 - MATTERS BEFORE VARIOUS COMMITTEES BE CARRIED INTO 2001
Councillor Hayes introduced the following Order which was adopted.
Ordered: That the attached lists of items currently before various Committees
of the City Council remain in Committee for further action, for the year 2001.
#921 - (#892-989) GRANTING LICENSES
Councillor Hayes 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 & Legal Affairs to whom was referred
the matter of granting certain licenses has considered said matter and would -
recommend that the following be granted
SECOND HAND Compliments Resale Boutique, 132 Boston St.
CLOTHING
SECOND HAND R.A. Difillipo Antiques, 131 Essex St.
VALUABLE Saccon Jewelers, 131 Essex St.
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TAXI OPERATOR Donald Barnes, 22 Taylor St., Gloucester
Albert W. Calman, 203 Washington St.
Kevin E. Collins Sr., 109 Gloucester Ave. Gloucester
Patricia Fraser, 28 Summit Ave.
Ramon A. Nunez, 59 Memorial Pk.Ave., Lynn
Blair Schetromph Jr., 36 St. Anns Ave., Peabody
TAXICAB Dave Jalbert & Sons Inc., 12 Mt. Vernon St.
(LIMOUSINE) Peabody
TAG DAY St. Joseph's Food Pantry, April 28, 2001
S.H.S. Girls Track, March 31, 2001
#922 - BLUE LIGHTS FOR SNOW REMOVAL
Councillor Flynn offered the following report for the Committee on Government
Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of
blue lights for snow removal has considered said matter and would recommend that
the blue lights have been installed on all entrance corridors and they are ready for this
winter.
#923 - BERRYWOOD LANE WATERLINE
Councillor Flynn offered the following report for the Committee on Government
Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of
the Berrywood Lane water line has considered said matter and would recommend that
the work will begin on this in a year or so, dead ends to have rusty water iron and
manganese Swampscott Road to add water pressure near Vinnin Square, Witchcraft
Heights because of high fecal counts have to be first.
#924 - SNOW REMOVAL ISSUES
Councillor Flynn offered the following report for the Committee on Government
Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of snow
removal issues has considered said matter and would recommend The D.P.W.
Director has stated that they are all set to go and have purchased 400 tons of salt.
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The Committee asked that the D.P.W. Director send the Council a memo about snow
emergency provisions and this should also be posted in the library, City Hall and the
newspaper.
#925 -#927 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on
Ordinances, Licenses, and Legal Affairs.
SECOND HAND
VALUABLE Filigree & Fancy, 4 Wharf St., Pickering Wharf
TAXI OPERATOR Leather S. Durpis, 0 Boardman St., Salem
Richard A. Hudson, 50 Warren St., Peabody
Carlos J. Pacheco, 29 Albion St., Salem
Jeffrey L. Schafer, 81/2Daniels St., Salem
TAXICAB Larry's Transportation, 81 Leach St., Salem (1)
(LIMOUSINE) North Shore Airport Limo, 1 0 Colonial Rd., Salem (15)
#928 -#963 - DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS
The following Drainlayer/Contract operator license applications were granted.
Advanced Industries Inc., 106 Oakville St., Lynn
Bartlett & Steadman Co. Inc., 67R Village St., Marblehead
Baystate Excavation Corp., 364R Boston Ave., Medford C & B
Construction Mgmt. Inc., P.O. Box 1326, Gloucester
Caruso & McGovern Const. Inc., 1 Industrial Way, Georgetown
J. Doyle Backhoe Service, 31 Pooles Ln., Rockport
N. Granese & Sons Inc., 18 Yorkshire Rd., Marblehead
K & B Excavating, 105 Mason St., Salem
Thomas Mackey & Sons Inc., 58 Broadway, Salem
J. Marchese & Sons Inc., 69 Norman St., Everett
J. Masterson Construction Corp., P.O. Box 165, Hathorne
McLaughlin Construction Co. of Peabody Inc., P.O. Box 388,
Peabody
Meninno Construction Co. Inc., 76 Oakville St., Lynn
Pelletier & Milbury Corp., 129 Water St., Danvers
Pumel Enterprises, P.O. Box 985, Salem
Mr. Rooter Plumbing, 70 Herrick St., Beverly
United Utility Corp., 74 Main St., Salisbury
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Domenick Zanni sons, Inc., 22 Lakeview Ave., Reading
#964 -#968 - CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses,
and Legal Affairs.
JoAnne L. Bogle, 1 Chase St., Salem
Margaret T. Burke, 37 Maple Valley Rd., Lynn
Elizabeth Correnti, 28 Jackson St., Salem
Susan Leblang, 5 Will Sawyer Rd., Peabody
Atty: Arthur L. O'Keefe, 14 Lynde St., Salem
(for Maureen DeAngelis)
# 969 -#976 - BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses,
and Legal Affairs and returned approved.
DRAINLAYER Baystate Excavating Inc., 364R Boston Ave., Medford
Caruso & McGovern Const. Inc., 1 Industrial Way,
Georgetown
J. Marchese & Sons Inc., 69 Norman St., Everett
Pumel Enterprises, P.O. Box 985, Salem
Mr. Rooter Plumbing, 70 Herrick St., Beverly
United Utility Corp., 74 Main St., Salisbury
Domenick Zanni Sons, Inc., 22 Lakeview Ave., Reading
CONTSTABLE David E. Fine, 8 Tozer Rd., Beverly
(#870) -VETO AUDIT ENGAGEMENT TEAM RESOLUTION
The matter of the Mayor's Veto of Order#785, Audit Engagement Team to
conduct an Operational Audit of the Salem Transfer Station was then taken up.
Councillor Driscoll requested and received unanimous consent to suspend the
rules to allow Mr. Bruce Guy, Finance Director, to address the Council.
Councillor O'Keefe moved that the matter be tabled. It was so voted.
Councillor O'Leary was recorded as opposed.
(#871) - ORDINANCE, TRAFFIC, SEC. 51B, DERBY STREET
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The matter of second and final passage of an Ordinance amending Traffic,
Section 51 B, Parking Prohibited, Derby Street, was then taken up. The Ordinance
was adopted for second and final passage.
(#875) - ORDINANCE, TRAFFIC, SEC. 50113, LIBERTY HILL AVENUE
The matter of second and final passage of an Ordinance amending Traffic,
Section 50B, Handicap Parking, Liberty Hill Avenue, was then taken up. The
Ordinance was adopted for second and final passage.
(#877) - ORDINANCE, TRAFFIC, SEC. 75, THORNDIKE STREET
The matter of second and final passage of an Ordinance amending Traffic,
Resident Sticker Parking, Thorndike Street, was then taken up. The Ordinance was
adopted for second and final passage.
(#878) - ORDINANCE, TRAFFIC, SEC. 49 & 51, STOP SIGN AND PARKING
PROHIBITED, CROSS AVENUE
The matter of second and final passage of an Ordinance amending Traffic,
Stop Sign and Parking Prohibited on Cross Avenue, was then taken up. The
Ordinance was referred to the Committee on Government Services.
On the motion of Councillor Flynn, the meeting adjourned at 10.30 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK