A Regular Meeting of the City Council was held in the Council Chamber on Wednesday, June 27, 2001 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 22, 2001 at 11:39 A.M.
All Councillors were present.
Council President Joan B. Lovely presided.
Councillor LaCava moved to dispense with the reading of the record of the previous meeting. It was so voted.
#445 - JOINT POLE RELOCATION ON HIGHLAND AVENUE
A hearing was held on the Order of Verizon and Massachusetts Electric Company for a joint pole relocation on Highland Avenue. Appearing in favor was Mr. Terrance Dolan of Verizon. There was no one opposed. The Hearing was closed. On the motion of Councillor O'Leary, the request was granted.
(#394) - APPT. NICHOLAS HELIDES TO BOARD OF APPEAL
The Mayor's appointment of Nicholas Helides as a member of the Board of Appeal for a term to expire May 1, 2004, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Driscoll requested and received unanimous consent to suspend the rules to allow Mr. Helides to address the Council.
Councillor O'Leary moved that a letter of thanks and a City Seal be sent to Mr. Buczko. It was so voted.
#447 - REAPPT. DR. IRVING INGRAHAM TO BOARD OF HEALTH
The Mayor's reappointment of Dr. Irving Ingraham to serve as a member of the Board of Health for a term to expire the first Monday in February 2004, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
#448 - REAPPT. NINA COHEN TO BOARD OF APPEAL
The Mayor's reappointment of Ms. Nina Cohen as a member of the Board of Appeal for a term to expire May 1, 2004, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
APPT. PAUL M. TUTTLE TO BOARD OF APPEAL
The Mayor's appointment of Mr. Paul M. Tuttle to serve as a member of the Board of Appeal for a term to expire May 1, 2004, was received after the deadline of Monday Noon. Councillor Harvey moved to suspend the rules to allow the matter to come before the Council. Councillor Hayes objected.
The matter was not before the Council, and will be placed on the next agenda of the City Council.
APPT. LUCY CORCHADO TO BOARD OF HEALTH
The Mayor's appointment of Ms. Lucy Corchado to serve as a member of the Board of Health, for a term to expire the first Monday in February, 2004, was received after the deadline of Monday Noon. Councillor Furey moved to suspend the rules to allow the matter to come before the Council. Councillor Hayes objected.
The matter was not before the Council, and will be placed on the next agenda of the City Council.
#451 - APPR. $65,000.00 TO FIRE DEPARTMENT DENTAL MEDICAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Sixty Five Thousand Dollars ($65,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Fire Department - Dental/Medical (Retirees) Account " in accordance with the recommendation of His Honor the Mayor.
#452 - FIVE-YEAR LEASE FOR MARITIME SERVICES AT SALEM WILLOWS PIER
The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development.
ORDERED: That the Mayor is hereby authorized to execute a Five-year Lease Agreement between the City of Salem and Sun Line Limited for the operation of maritime services at Salem Willows Pier.
#453 - FIVE-YEAR LEASE AGREEMENT FOR BOAT LIVERY AT SALEM WILLOWS PIER
The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development.
ORDERED: That the Mayor is hereby authorized to execute a Five-year Lease Agreement between the City of Salem and Salem Willows Boat Livery for lease of space for the provision of bait and boat rentals at the Salem Willows Pier.
#454 - RELEASE OF DEED AT 21 VICTORY ROAD TO MICHAEL J. LEAHY
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
ORDERED: That the Mayor is hereby authorize to execute a Deed, for consideration of One Dollar ($1.00), conveying to Michael J. Leahy, an Honorably Discharged World War Two Veteran, a parcel of municipally owned land containing 10,234 square feet, located at 21 Victory Road in Salem, Essex County, Massachusetts.
#455 - FINANCIAL TIMES OF LONDON REGARDING SALEM REAL ESTATE MARKET
A communication from the Mayor, submitting an article from the May 19 and 20, 2001 Financial Times of London, regarding Salem's real estate market, was received and filed.
#456 - SALEM TICKET FOR ALL MUSEUMS BE DEVELOPED
Councillor Flynn introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development meet with the various museums in town along with the Chamber of Commerce and the Salem Partnership and the National Park Service to explore the possibility of developing a "Salem Ticket" that individuals could purchase which would allow them entrance into all museums for I set price, and in the cost of that ticket would also include a small percentage that would go to the City of Salem to help defray costs to the city of city services.
#457 - FENCE AROUND NEW SKATEBOARD PARK
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the Mayor and Acting Planner erect a fence with a locked gate around the skateboard park at Gallows Hill and Mansell Park.
#458 - ORDINANCE, TRAFFIC, SECTION 75, LORING AVENUE
Councillor O'Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Resident Sticker Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 75, Resident Sticker Parking, is hereby amended by
adding the following.
"Loring Avenue in a Northeasterly direction, adjacent to the properties located at #67, 67 ½ and 69 Loring Avenue, Resident Sticker Parking, Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter
#459 - NUMBERS BE AFFIXED TO MEETING ROOMS AT 120 WASHINGTON STREET (NEW CITY OFFICE BUILDING)
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the public meeting rooms on the third (3'd) floor, City Hall Annex, 120 Washington Street, be and hereby are identified/numbered in the attached floor plan (Raymond Guertin Architect) and the Salem Building Inspector is directed to affix an appropriate numbered sign over the entry door of each public meeting room so identified.
#460 - PROHIBIT USE OF CELLULAR PHONES FROM MEETING ROOMS AT 120 WASHINGTON STREET
Councillor O'Keefe introduced the following Order, which was referred to the Committee on Government Services. Councillor O'Keefe was recorded as "opposed".
ORDERED: That the Salem Building Inspector erect suitable sign at the entry of Public Meeting Rooms #312, 313, 314, & 316 on the 3rd floor, City Hall Annex, 120 Washington Street, with the wording, "Use of Cellular Phones Prohibited" or words to that effect.
#461 - ORDINANCE, TRAFFIC, HANDICAP PARKING, KOSCIUSKO STREET
Councillor LaCava introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, is hereby amended by adding the following:
"Kosciusko Street, at the seawall, second parking space, for a distance of twenty (20) feet. Handicap Parking - Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter.
#462 - JOINT MEETING BE HELD TO DISCUSS SCHOOL AND CITY EXPENSES
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: That representatives from the School Department, School Committee, Personnel Board and Human Resources Department convene a meeting and or meetings to discuss joint School City expenditures related to personnel costs for future budgeting.
#463 - ORDINANCE, TRAFFIC, PARKING PROHIBITED, CANAL STREET
Councillor Driscoll introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 51 B, is hereby amended by adding the following-
"Canal Street, westerly side, southbound, from the front of #138 Canal Street and extending five hundred seventy five (575) feet to the intersection of Ocean Avenue. Thirty (30) Minute Parking from 8:00 A.M. to 4:00 P.M."
Section 2. This Ordinance shall take effect as provided by City Charter
#464 - ORDINANCE, TRAFFIC, PARKING PROHIBITED, OCEAN AVE. WEST
Councillor Driscoll introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 51, is hereby amended by adding the following:
"Ocean Avenue, west bound, northerly side, from Canal Street to the Railroad
Tracks. No Parking"
Section 2. This Ordinance shall take effect as provided by City Charter
#465 - ORDINANCE, TRAFFIC, RESIDENT STICKER PARKING, LORING AVENUE
Councillor Driscoll introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
An ordinance to amend an Ordinance relative to Traffic, Resident Sticker Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 75, Resident Sticker Parking, is hereby amended by adding the following:
"Loring Avenue on the northwesterly side, from Lafayette Street to Broadway in a southerly direction. Resident Sticker Parking, Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter
#466 - REQUEST GOVERNOR FILL VACANCY ON SALEM/BEVERLY WATER BOARD
Councillor DeToma introduced the following Order, which was adopted.
ORDERED: That the City Council send a letter to Governor Swift asking her to immediately appoint and fill the vacancy that currently exists on the Salem/Beverly Water Supply Board.
#467 - BUILDING INSPECTOR ENFORCE SIGN ORDINANCE RELATIVE TO SIDEWALK SIGNS
Councillor Hayes introduced the following Order, which was adopted.
ORDERED: That the Building Inspector enforce the Sign Ordinance at the local businesses in regards to signage on sidewalks in front of their businesses.
#468 - CITY OWNED LOTS BE MAINTAINED
Councillor Hayes introduced the following Order, which was adopted.
ORDERED: That the City owned lots and properties be maintained in a timely manner by the Park and Recreation Department or the proper department.
#469 - ANGLE PARKING ON ESSEX STREET BE STUDIED
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development explore the possibility of angle parking at the end of Essex Street to facilitate parking for the City Hall Annex.
Councillor Flynn assumed the Chair for President Lovely
#470 - ORDINANCE, TRAFFIC, TOW ZONE, WILLSON STREET
Councillor Lovely introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Tow Zone
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 74, Tow Zone, is hereby amended by adding the following:
"Wilson Street both sides from Highland Avenue to the rear entrance of the High School (adjacent to the Golf Course). No Parking Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter
#471 - ORDINANCE, TRAFFIC, TOW ZONE, JEFFERSON AVENUE
Councillor Lovely introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Tow Zone
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 74, is hereby amended by adding the following:
"Jefferson Avenue from the intersection of Jackson Street one hundred (100) feet in a southerly direction. No Parking Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter
#472 - ORDINANCE, TRAFFIC, TOW ZONE, JACKSON STREET
Councillor Lovely introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Tow Zone
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 74, is hereby amended by adding the following:
"Jackson Street east bound beginning one hundred seven (107) feet from the intersection of Jefferson Avenue (at Pole #2464) and extending to the intersection of Jefferson Avenue. No Parking Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter
# 473 - PARK & RECREATION DEPT. REMOVE GRAFFITI AT CITY PARKS
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Park and Recreation Department immediately remove all graffiti and profanity from the playground structure at the High Street Playground and further, that the Park and Recreation Department inspect all play structures at all city parks and institute a graffiti removing program to take care of this ongoing problem, and further that the matter be referred to the Committee on Government Services for administering of this order.
#474 - STOP SIGN AT MARGIN STREET, 60-DAY TRIAL PERIOD
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division install a "Stop, before left turn" sign on Margin Street at the intersection with Mill Street in the left turn collection lane for a trial period of sixty days.
AND BE IT FURTHER ORDERED: That during this trial period, the Police Traffic Division is requested to monitor the location and report such findings and recommendations to the City Council.
#475 - RESOLUTION SUPPORTING THE REDISTRICTING PLAN THAT WAS FORWARDED TO THE LOCAL ELECTION DISTRICT REVIEW COMMISSION
Councillor Harvey left the Chamber due to a conflict of interest.
Councillor Lovely introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: The City of Salem is an ancient and historic community; and
WHEREAS: The Salem City Council recognizes the multi-ethnic and multi-cultural nature of our community, as well as the importance of maintaining our neighborhoods for the comfort and benefit of our residents; and
WHEREAS: During deliberations by the Salem Ad-Hoc Committee on Redistricting, the City Council was deeply concerned that by not using the high powered electric transmission line as a precinct boundary in Ward 3, the residents of upper Highland Avenue, in the Barnes Road and Clark Street neighborhood, would be shifted to Ward four, and would therefore be disenfranchised during the upcoming local election, by voting for a ward three City Councillor in November of 2001, but be served by a ward four Councillor after January 1, 2002; and
WHEREAS: After compiling the most recent city census figures, the City Council was able to match each respondent of the local census to the block population figures on the federal census, thereby ensuring that the population of both precincts would meet the requirements of the allowable variances; and
WHEREAS: There is historical precedent in this community to use a high powered electrical transmission line as a precinct boundary, as evidence by the L. E. D. R. C. approval of our redistricting plan, submitted in 1985; and
WHEREAS: After three working conferences at the Secretary of State's Office, the Salem City Council has agreed that the redistricting plan submitted to the L.E.D.R.C., was in the best interest of the residents of the city, and ward three; that the use of a high powered electrical line as a precinct boundary, would thereby insure that the residents of the historical Castle Hill Neighborhood would remain as voters in their neighborhood; and it would insure that the residents of upper Highland Avenue would vote and be served by the same City Councillor in the future.
NOW THEREFORE, BE IT RESOLVED: That the Salem City Council votes their endorsement of the redistricting plan that was adopted by this body on May 24, 2001, and approved by our mayor, and forwarded to the Secretary of State, as it represents the best redistricting plan for this community, with continued cohesion of our neighborhoods, and maintains as closely as possible, our belief that the interests of our neighborhoods and residents can be maintained, while still meeting our statutory obligations for redistricting.
AND BE IT FURTHER RESOLVED: That a certified copy of this Resolution be forwarded to the Local Election District Review Commission, along with any other appropriate supporting documentation.
President Lovely resumed the Chair.
#476 - (#419) - ORDINANCE RELATIVE TO CONSTRUCTION, HOURS OF OPERATION
Councillor Hayes offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report.
Councillor Harvey left the Chamber due to a conflict of interest.
The Committee on Ordinances, Licenses, and Legal Affairs, to whom was referred the matter of an Ordinance relative to Noise Control, Construction and blasting, has considered said matter and would recommend adoption for first passage.
Councillor Hayes explained the amendments made by the Committee.
The Ordinance, as amended by Committee, was adopted for first passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sargent, O'Keefe, Hayes, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors O'Leary and LaCava were recorded as voting in the negative. Councillor Harvey was absent.
The Ordinance, as amended by the Committee, shall now read as follows:
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Construction and Blasting, Hours of Operation
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter- 22, Section 22-5 of the Salem Code of Ordinances is hereby amended by deleting section (5) in its entirety, and inserting in place thereof, the following:
(6) Construction and Blasting
a. Construction. Operating or permitting the operation of tools or equipment used in construction or demolition work between the hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays and Saturdays or at any time on Sundays or holidays, such that the sound therefrom creates a noise disturbance across a residential real property boundary, except for emergency work of public service utilities or by special variance issued by the building inspector pursuant to this Code and notification to the police department. Before a waiver is granted, the City Council shall be notified that a waiver is being considered. A copy of any special variance issued by the building inspector pursuant to this sub-section shall be forwarded to the City Council.
b. Blasting, Rock Crushing, Jack Hammering, Hydraulic Blasting, Pile Driving. The operation of drilling and/or blasting equipment, rock crushing machinery, pile driving, or jack hammers used in construction, reconstruction, repair, or demolition work between the hours of 5:00 p.m. and 8:00 a.m. the following day on weekdays or at any time on Saturdays, Sundays, or holidays, except for emergency work of public service utilities, or by special variance issued by the building inspector pursuant to this Code and notification to the police department. No special variances for any work herein shall be granted by the building inspector for work on Sundays or Holidays without prior approval of the City Council. Any special variance issued by the building inspector pursuant to
this sub-section shall first be approved by the City Council.
All building inspectors, in addition to police officers, shall be enforcing persons for the purposes of this Section 22-2(5).
Section 2. This Ordinance shall take effect as provided by City Charter.
#477 - (#221) SALARY ORDINANCE - CLERK BOARD OF ASSESSORS - STIPEND
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 and Legal Affairs, to whom was referred the matter of amending an Ordinance relative to the Salary Classification of Certain Employees, Clerk - Board of Assessor has considered said matter and would recommend that the Ordinance be adopted for first passage.
#478 - 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, and Legal Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted.
TAXI OPERATOR Jacgp E. Campuzano, 28 Briblecom St., Lynn
Don Mende, 14 Countryside Ln., Marblehead
Brendall Castillo, 11 Meadow St., Salem
Harold Trefethen, 1 Arlington St., Amesbury
USE OF COMMON Janet Rosa, United Cerebral Palsey
Waiters and Waitress Race, August 27, 2001
#479 - MEETING WITH A.T. & T. BROADBAND - CABLE CHANNELS
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, and Legal Affairs to whom was referred the matter of offering ethnic channels and also the Golf Channel with our provider A.T.& T. Broadband has considered said matter and would recommend that the A.T.& T. Broadband representative reported to us that the Golf Channel will be up and running immediately, and the ethnic channels are being discussed.
#480 - (#326) - ORDINANCE RELATIVE TO MOTORIZED SCOOTERS
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, and Legal Affairs to whom was referred the matter of amending an Ordinance relative to Motorized Scooters has considered said matter and would recommend that the Ordinance be adopted for second and final passage.
#481 - ORDINANCE AMENDING TRAFFIC VIOLATION FINES
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 by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Sargent, O'Keefe, LaCava, Hayes, Harvey, Furey, Flynn, DeToma, and Lovely were recorded as voting in the affirmative. Councillors O'Leary and Driscoll were recorded as voting in the negative. Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of amending the Traffic Ordinance relative to the Schedule of Fines has considered said matter and would recommend that the attached Ordinance be adopted for first passage.
#481A - ORDINANCE AMENDING TRAFFIC, SECTION 17A, FINES
In the year two thousand and one
An Ordinance to amend an Ordinance relative to Traffic, Schedule of Fines
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 17A - Fees in hereby amended by deleting this section in its entirety and inserting in place thereof the following:
Chapter 42, Section 17A -Fees
Section 17A - Schedule of Fines Re: Penalties
There is hereby established the following schedule of fines for each violation of the respective sections of Chapter 42 of the Ordinances of the City of Salem, which shall be enforced as provided in General Laws Chapter 90, Section 2OC:
$100.00 Fine SECTION
Any area designated for Handicapped Parking 50
Parking a Bus or Motor Coach in a Restricted Area 51
$50.00 Fine
Within Ten Feet of a Fire Hydrant 50
$25.00 Fine
Standing Tour Buses, engine running 11
$15.00 Fine
Alongside or Opposite Street Excavation 50
Bus Stop 52
Deposit of Coins Required 62
Double Parking 50
Emergency Snow Artery 51 C
Fire Lane 13B
In Front of a Schoolhouse 51
Interfering with Snow Removal 50
Less than Twelve Feet of Unobstructed Lane 50
Night Parking 51 A
Not Within a Designated Space 65
Overtime Parking Meter 64
Overtime Parking Non-Meter 57A
Parking Prohibited certain times certain streets 51B
Parking Regulations Salem High School 87
Parking Time Limited (hours of Operation) 57
$15.00 Fine
Parking Vehicles for Sale Prohibited 55
Service Zone 13
Taxi 53
Upon a Crosswalk 50
Upon a Sidewalk 50
Using Vehicle for the Sole Purpose of Advertising 50
Within a Posted Tow Zone 74
Within Four Feet of Driveway or Private Road 50
Within Twenty Feet of a Corner 14
Penalties for Late Payment
If the original fine has not been paid within 21 days of the date the ticket was issued, a $5.00 late fee is added. If any part of the original fine or penalty remains unpaid after 21 more days, a second penalty of $15.00 is added. Failure to pay fine within proscribed time may result in Registry of Motor Vehicles Non-Renewal of License/Registration and assessment of an additional $20.00 surcharge.
Section 2. This Ordinance shall take effect as provided by City Charter.
#482 - (#413) - OVERRIDE OF PROPOSITION 2 ½ FOR SALEM/BEVERLY WATER BOARD
Councillor Driscoll offered the following report for the joint Committees on Administration and Finance, and Public Health, Safety and the Environment. It was voted to accept the report and adopt the recommendation by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Sargent, O'Leary, LaCava, Hayes, Harvey, and Flynn were recorded as voting in the affirmative. Councillors O'Keefe, Furey, Driscoll, DeToma, and Lovely were recorded as voting in the negative.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Administration and Finance, and Public Health, Safety and the Environment to whom was referred a proposition 2 ½ override for the Salem/Beverly Water Board has considered said matter and would recommend that the matter not be approved and the City Council not override proposition 2 ½.
#483 - HOME RULE PETITION - AFFORDABLE HOUSING IN CITY OF SALEM
Councillor O'Leary offered the following report for the Committee on Community and Economic Development. It was voted to accept the report.
The Committee on Community and Economic Development to whom was referred the matter of adoption of the Home Rule Petition to benefit the rental conditions of our high-rise apartments has considered said matter and would recommend that the City Council, by roll call vote, adopt the attached petition for special Legislation, and that the City Council request our Legislative Delegation, Representative J. Michael Ruane and Senator Frederick Berry, submit the attached petition to the Great and General Court for enactment, on behalf of the City of Salem.
Councillor O'Leary moved that the matter be referred to the Committee of the Whole. It was so voted.
#483A - AN ACT RELATIVE TO THE PRESERVATION OF AFFORDABLE HOUSING IN THE CITY OF SALEM
ORDERED: That a petition to the General Court, accompanied by a bill for a special law relating to the city of Salem to 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 legislation be adopted as follows, except for clerical or editorial changes of form only:
An Act relative to the preservation of affordable housing in the City of Salem
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. Whereas a serious public emergency exists with respect to the housing of a substantial number of persons in the city of Salem residing in governmentally involved housing, inasmuch as there is a threat that many low and moderate income individuals and families residing in such housing, particularly elderly and disabled persons, may be threatened with displacement as a result of prepayment of mortgage financing, loss of use or rent restrictions, expiring subsidy contracts, and expected increases in rent, and there is a threat that affordable housing stock will be lost due to the expiration of use or rent restrictions and such pre-payment, further exacerbating an extreme housing shortage for
low and moderate income families and individuals; Whereas in adopting Chapter 40P of the General Laws, the voters expressly exempted such housing; Whereas it is the city of Salem’s policy to encourage owners of governmentally involved housing to accept incentives to keep such housing affordable and avert displacement; and Whereas such emergency should be met by the City of Salem and by the Commonwealth immediately; Now, therefore, this act is declared to be in the public interest.
SECTION 2. (A) Notwithstanding the provisions of any general or special law to the contrary, including, without limitation, the provisions of chapter forty P of the General Laws and chapter 282 of the Acts of nineteen hundred and ninety-four, for so long as the city council of Salem shall determine that the circumstances described in section one hereof continue to exist, the city of Salem shall by ordinance regulate the rent for use or occupancy of governmentally involved or formerly governmentally involved housing to the extent such regulation is not preempted by federal law or by section six of chapter 708 of the Acts of nineteen hundred and sixty-six as amended, once the basis for federal or state
rent regulation or preemption no longer exists. For purposes of this act, “governmentally involved housing” is defined as housing units which the United States, the Commonwealth or any authority created under the laws thereof (i) insures the mortgage thereon, or owns, operates, finances, or subsidizes such housing units,
and (ii) regulates the individual rents thereof, including without limitation housing units constructed or rehabilitated pursuant to Section 202 of the Housing Act of 1959, as amended (12 U.S.C. §1701q), Section 221(d) and Section 236 of the National Housing Act, as amended (12 U.S.C. §§1715l(d) or 1715z-1), Section 811 of the Cranston-Gonzalez National Affordable Housing Act, as amended (42 U.S.C. §8013) or Section 13A of chapter 708 of the Acts of nineteen hundred and sixty-six, added by Section 10 of chapter 855 of the Acts of nineteen hundred and seventy, as amended (M.G.L. c. 23A App. §1-13A), or housing units financed or subsidized pursuant to project-based programs for low-income persons under Section 8 of the United States Housing Act of 1937, as amended (42 U.S.C. §
1437f) or the project-based Massachusetts Rental Voucher Program, so-called (see line Item 7004-9004 of Section 2 of chapter 159 of the Acts of two thousand, as well as 760 C.M,R, Part 49.00), or housing units with mortgage insurance under Sections 207 or 220 of the National Housing Act , as amended, and subject to a regulatory agreement or other controls pursuant to applicable law with the city of Salem, or housing units built pursuant to G.L. c. 121A for the purpose of providing housing for low and moderate income residents of the city of Salem, but not including the following:-
(1) housing units owned or acquired by the City of Salem through tax foreclosure;
(2) except for publicly owned dwelling units or units which are financed or subsidized with project-based Section 8 housing units in a one-to-four family building or structure which are not part of a larger housing development, whether on one or more sites;
(3) structures containing housing units subsidized with mobile tenant-based rental assistance that would not otherwise come within the definition of governmentally involved housing;
(4) public housing owned or operated by a local housing authority under chapter 121B of the General Laws, the United States Housing Act of 1937 (42 U.S.C. §§ 1437a et seq.), or any successor act or public housing programs formerly assisted under the United States Housing Act of 1937;
(5) housing units which received mortgage insurance pursuant to sections 207 or 220 of the National Housing Act but not subject to a regulatory agreement or other controls with the city of Salem, as well as housing units which received mortgage insurance pursuant to section 608 of the National Housing Act, regardless of whether there was a regulatory agreement or other controls with the city of Salem or not;
(6) housing units which received mortgage insurance pursuant to Section 221(d) of the National Housing Act and which never received a federal or state rental subsidy or below market interest rate mortgage subsidy; and
(7) housing units where the sole government involvement is the owners participation in federal, state, or municipal funded programs for home repairs, energy conservation, or lead paint abatement.
For the purpose of this act, “formerly governmentally involved housing” is defined as housing that was governmentally involved housing as of July 1. 1994, or which becomes governmentally involved housing after July 1, 1994, but which then no longer is owned, operated, financed, subsidized, mortgage-insured, or rent-regulated by the United States, the Commonwealth, or any authority created under the laws thereof, provided that “formerly governmentally involved housing” shall include any housing receiving subsidy under Section 8(t) of the United States Housing Act of 1937 (42 U.S.C. §1437f(t)).
For, the purpose of this act, "low-income" is defined as annual household income which is eighty per cent or less of the median income for the area as determined by the United States Department of Housing and Urban Development, with adjustments for smaller and larger families.
For the purposes of this act, “moderate income” is defined as annual household income between 80 percent and 95 percent of median income for the area, as determined by the United States Department of Housing and Urban Development, with adjustments for smaller and larger families.
The city of Salem shall by ordinance create an official body designated by the Mayor to establish as the maximum rent for the governmentally involved and formally governmentally involved housing units the rent in effect therefore on July 1, 1994, or six months before the basis for federal or state rent regulation or preemption lapsed, whichever is later, adjusted to insure such rent provides a fair net operating income as of the date of the official body’s decision, provided, however, said ordinance shall authorize the official body to make individual adjustments in such maximum rents as may be necessary to remove hardships or to correct other inequities. In making individual adjustments to remove hardships or to correct other inequities, the official body shall observe the principle of maintaining
maximum rents for such housing units at levels that will yield to owners a fair net operating income from such housing units. In determining whether the maximum rent for such housing units yields a fair net operating income, due consideration shall be given to, among other relevant factors: (1) increases in property taxes; (2) unavoidable increases in operating and maintenance expenses; (3) major capital improvement of the housing units, distinguished from ordinary repair, replacement, and maintenance, (4) increases or decreases in living space, services, furniture, furnishings or equipment; and (5) substantial deterioration of the housing units, other than ordinary wear and tear, or failure to perform ordinary repair, replacement, or maintenance.
(B) Such ordinance shall provide that no person shall bring an action to recover possession of a governmentally involved housing unit, or of a formerly governmentally involved housing unit, to the extent that such regulation is not otherwise preempted by federal law or section six of chapter 708 of the acts of nineteen hundred and sixty-six as amended, unless:
(1) the tenant has failed to pay the rent to which the owner is entitled;
(2) the tenant has violated an obligation or covenant of tenancy not inconsistent with chapter 93A of the General Laws or this act other than the obligation to surrender possession upon proper notice, and has failed to cure the violation after having received written notice thereof;
(3) the tenant is causing, committing, or permitting a nuisance in, or substantial damage to, the housing unit, or ii creating substantial interference with the comfort, safety, or enjoyment of the owner or other occupants of the same or any adjacent unit;
(4) the tenant has used or permitted use of a housing unit for illegal purposes;
(5) the tenant, who had a written lease or rental agreement that has terminated, has refused, after written requests or demand by the owner, to execute a written extension or renewal thereof for a further term of like duration on terms not inconsistent with or violative of any provision of this act;
(6) the tenant has refused the owner reasonable access to the housing unit for the purpose of making necessary repairs or improvements required by law, or for the purpose of inspection as permitted or required by the lease or law, or for the purpose of showing the housing unit to any prospective purchaser or mortgagee;
(7) the tenant holding at the and of a lease term is a subtenant not approved by the owner; or,
(8) the owner seeks to recover possession for any other just cause not in conflict with the provisions and purposes of this act or chapter 93A of the General laws.
The provisions of this section shall be construed as additional restrictions on the right to recover possession of such housing units.
(C) Such ordinance shall also provide that no person shall remove any governmentally- involved or formerly governmentally involved housing accommodation from low or moderate income rental housing use (including but not limited to sale, lease, or other disposition of the property which may have such an effect), or convert such property to a condominium or cooperative, without first obtaining a permit for that purpose from the official body, to the extent that such provision is not preempted by federal law or section six of chapter 708 of the acts of nineteen hundred and sixty-six as amended. Such permit may be subject to terms and conditions not inconsistent with the purposes and provisions of this act, including, without limitation, (a) incentives to continue in effect the low or
moderate income restrictions previously in place for the property and (b) where sale, lease, or disposition of the property may result in the loss of all or a portion of the property for low or moderate income rental housing use, the right of an incorporated tenants association in such housing, the city of Salem, the Salem Housing Authority, non-profit community development corporations, or other equivalent bona fide non-profit organizations to negotiate for, acquire and operate such property on substantially equivalent terms and conditions as offered or available to a bona tide third-party purchaser.
(D) To the extent not preempted by federal law or section six of chapter 708 of the acts of nineteen hundred and sixty-six as amended, such ordinance shall require that owners of governmentally involved housing, or formerly governmentally involved housing, affirmatively seek out and accept any prospective governmental housing resources, whether tenant-based or project-based, which maximize affordability of the housing units consistent with the income character of the property and the owner's right to obtain a fair net operating Income for the housing units.
(E) To the extent not preempted by federal law or section six of chapter 708 of the acts of nineteen hundred and sixty-six as amended, and so long as such regulation is consistent with the owners right to obtain a fair net operating income, such ordinance shall also provide that the preferences, priorities, and income limits for admission which were in effect when the property was governmentally involved housing shall continue upon unit turnover, consistent, to the extent practicable, with the income profile of the property twelve months prior to the date of the loss of rent preemption or the decision to not renew an expiring subsidy contract. The official body may approve an alternate plan requested by the owner, consistent with the provision of this Act. No ordinance or regulation shall
require an owner to create a tenancy involving any person with a history of conduct which would, if repeated, be grounds for eviction from such housing.
(F) Such ordinance shall also provide that the official body may grant exemptions and exceptions to the general provisions of this act when such action would tend to maintain or increase the supply of affordable housing in Salem, including, without limitation, promoting the sale of properties to bone fide tenant organizations or non-profit community development corporations under terms and conditions which would tend to maintain the income character of the property.
(G) Such ordinance shall provide that the official body may promulgate such rules, regulations and orders as it may deem necessary to effectuate the purposes of this act and the ordinance. The official body may hold hearings on any matters within its authority under this act and ordinance. Any hearings regarding matters related to regulation of rents or removal permits for governmentally involved or formerly governmentally Involved housing or regarding compliance with other provisions of this act, or the ordinance, orders, rules, or regulations adopted or promulgated hereunder, shall be conducted by the official body in accordance with the provisions of reaction eleven of chapter thirty A of the General Laws except that requirements (7) and (8) of such section eleven shall not apply to
such hearings.
(H) All decisions of the official body may be appealed to the housing court department of the trial court, northeast division, by any person aggrieved thereby, whether or not previously a party in the matter, within thirty calendar days after notice of such decision. Judicial review of ad judicatory decisions shall be conducted In accordance with section fourteen of chapter thirty A of the General Laws. Judicial review of regulations shall be conducted in accordance with section seven of chapter thirty A Of the General Laws. The housing court department of the trial court, northeast division shall have jurisdiction to enforce the provision hereof and any ordinance, rule or regulation adopted hereunder, and on application of the official body or any aggrieved person may restrain or enjoin
violations of any such ordinance, rule, or regulation. In the interests of justice, the court may allow any necessary parties to be joined in or to intervene in any action brought hereunder and may in its discretion allow or require an action to proceed as a class action.
SECTION 3. It shall be unlawful for any person to do or omit to do any action in violation of this act, or any order, ordinance, rule or regulation adopted or promulgated hereunder. Whoever willfully violates any provision of this act or any order, ordinance, rule or regulation adopted or promulgated hereunder or whoever makes a false statement in any testimony before the official body or its agents, or whoever knowingly supplies the official body with false information shall be punished by a fine of not more than four hundred dollars or by imprisonment for not more than ninety days or both; provided however, that in the case of a second or subsequent offense, or where the violation continues
after notice thereof, such person shall be punished by a fine of not more than two thousand dollars, or by imprisonment for not more than one year, or both.
SECTION 4. The provisions of this act are severable, and if any court of competent jurisdiction shall hold any of its provisions unconstitutional or otherwise invalid, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 5. This act shall take effect upon its passage.
#484 - (#397) - BOND ORDER - APPR. $496,130.00 - BOWDITCH SCHOOL
Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Sargent, O'Leary O'Keefe, LaCava, Hayes, Harvey, Furey, Flynn, and Lovely were recorded as voting in the affirmative. Councillors Driscoll and DeToma were recorded as voting in the negative.
The Committee on Administration and Finance to whom was referred a bond order in the amount of $496,130.00 for the Bowditch School has considered said matter and would recommend approval.
#485 - (#412) - APPR. WITCH HOUSE ELECTRICITY
Councillor Driscoll 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 an appropriation of $1,025.00 to Witch House Electricity has considered said matter and would recommend approval.
#486 - (#410) - APPR. PARK DEPARTMENT BUILDING MAINTENANCE
Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor O'Leary was recorded as "opposed".
The Committee on Administration and Finance to whom was referred an appropriation of $2,370.00 to Park Department Building Maintenance has considered said matter and would recommend approval.
#487 - (#409) - APPR. PARK AND RECREATION DEPT. SUPPLIES
Councillor Driscoll 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 an appropriation of $5,000.00 to Park & Recreation Supplies has considered said matter and would recommend approval.
#488 - (#407) - APPR. GOLF COURSE ELECTRICITY
Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor O'Leary was recorded as "opposed".
The Committee on Administration and Finance to whom was referred an appropriation of $5,150.00 to Golf Course Electricity has considered said matter and would recommend approval.
#489 -(#404) - APPR. WINTER ISLAND REPAIRS AND RENOVATIONS
Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor O'Leary was recorded as "opposed".
The Committee on Administration and Finance to whom was referred an appropriation of $13,000.00 to Winter Island Repairs and Renovations has considered said matter and would recommend approval.
#490 - (#402) - APPR. PARK AND RECREATION GAS/OIL
Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor O'Leary was recorded as "opposed".
The Committee on Administration and Finance to whom was referred an appropriation of $13,600.00 to Park and Recreation Gas/Oil has considered said matter and would recommend approval.
#491 - (#401) - APPR. PARK AND RECREATION ELECTRICITY
Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor O'Leary was recorded as "opposed".
The Committee on Administration and Finance to whom was referred an appropriation of $22,500.00 to Park and Recreation Electricity has considered said matter and would recommend approval.
#492 - (#399) APPR. CAPITAL OUTLAY TO FIRE DEPT. UTILITY TRUCK
Councillor Driscoll 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 an appropriation of $35,643.00 for Fire Department Utility Truck has considered said matter and would recommend approval.
#493 - (#398) - APPR. CAPITAL OUTLAY TO CEMETERY SHADE TREE DUMP TRUCK
Councillor Driscoll 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 an appropriation of $$56,776.00 for a Cemetery Dump Truck has considered said matter and would recommend approval.
#494 - ANNUAL BUDGET FISCAL YEAR 2002
Councillor Driscoll offered the following report for the Committee on Administration and Finance. It was voted to accept the report.
The Committee on Administration and Finance to whom was referred the fiscal year 2002 Annual Budget has considered said matter and would recommend that the attached Orders be adopted.
Councillor O'Keefe moved to restore $75,000.00 to E-Government. The motion was defeated by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors O'Keefe, LaCava, Furey, Flynn, and Lovely were recorded as voting in the affirmative. Councillors Sargent, O'Leary, Hayes, Harvey, Driscoll, and DeToma were recorded as voting in the negative.
Councillor Furey moved to restore $40,000.00 for the Transportation Planner. The motion was defeated by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors O'Keefe, LaCava, Furey, Flynn, and Lovely were recorded as voting in the affirmative. Councillors Sargent, O'Leary, Hayes, Harvey, Driscoll, and DeToma were recorded as voting in the negative.
Councillor O'Leary moved to reduce the Salem/Beverly Water Board Assessment by $311,100.00. The motion was adopted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Sargent, O'Leary, LaCava, Hayes, Harvey, and Flynn were recorded as voting in the affirmative. Councillors O'Keefe, Furey, Driscoll, DeToma, and Lovely were recorded as voting in the negative.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O'Keefe moved to restore $36,396.00 to the Park Department. The motion was defeated by a roll call vote of 2 yeas, 8 nays, 1 absent. Councillors O'Keefe and Furey were recorded as voting in the affirmative. Councillors Sargent, O'Leary, LaCava, Hayes, Harvey, Driscoll, DeToma, and Lovely were recorded as voting in the negative.
Councillor Driscoll moved approval of the Total Budget in the amount of $86,629,546.00. The motion was adopted by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Sargent, O'Keefe, LaCava, Hayes, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors O'Leary and Harvey were recorded as voting in the negative.
Councillor Driscoll moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Driscoll moved approval of the Total Sewer Enterprise Fund in the amount of $7,487,394.00. The motion was adopted by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Sargent, O'Keefe, LaCava, Hayes, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors O'Leary and Harvey were recorded as voting in the negative.
Councillor Driscoll moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Driscoll moved approval of the Total Water Enterprise Fund, as amended, in the amount of $2,384,373.00. The motion was adopted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Sargent, LaCava, Hayes, Furey, Flynn, Driscoll, DeToma, and Lovely were recorded as voting in the affirmative. Councillors O'Leary, O'Keefe, and Harvey were recorded as voting in the negative.
Councillor Driscoll moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#494.1 - BOARD OF APPEAL
ORDERED: That the Annual Appropriations under the authority of the Board of Appeal shall be as follows:
Zoning Appeals
Personnel Services $3,000.00
Nonpersonnel Expenses 1,275.00
TOTAL $4,275.00
#494.2 - ASSESSMENTS
ORDERED: That the Annual Appropriations under Assessments shall be as follows:
ASSESSMENTS
Nsrs/Charter/Choice $ 1,562,696.00
State and County 2,052,471.00
TOTAL $ 3,615,167.00
#494.3 - BOARD OF ASSESSORS
ORDERED: That the Annual Appropriations under the authority of the Board of Assessors shall be as follows:
Assessing
Personnel Services $237,809.00
Nonpersonnel Expenses 47,900.00
TOTAL $285,709.00
#494.4 - CEMETERY / SHADE TREE
ORDERED: That the Annual Appropriations under the authority of Cemetery/Shade Tree shall be as follows:
Cemetery
Personnel Services $355,094.00
Nonpersonnel Expenses 88,455.00
Shade Tree/Moth Suppression
Personnel Services 73,280.00
Nonpersonnel Expenses 21,700.00
TOTAL $538,529.00
#494.5 - CITY CLERK
ORDERED: That the Annual Appropriations under the authority of the City Clerk shall be as follows:
Record Maintenance
Personnel Services $135,384.00
Nonpersonnel Expenses 7,100.00
TOTAL $142,484.00
#494.6 - CITY COLLECTOR
ORDERED: That the Annual Appropriations under the authority of the City Collector shall be as follows:
Collection
Personnel Services $134,988.00
Nonpersonnel Expenses 38,425.00
TOTAL $173,413.00
#494.7 - CONSERVATION COMMISSION
ORDERED: That the Annual Appropriations under the authority of the Conservation Commission shall be as follows:
Active/Passive Conservation
Personnel Services $20,448.00
Nonpersonnel Expenses 425.00
TOTAL $20,873.00
#494.8 - CITY COUNCIL
ORDERED: That the Annual Appropriation under the authority of the City Council shall be as follows:
Legislative
Personnel Services $140,141.00
Nonpersonnel Expenses 18,925.00
TOTAL $159,066.00
#494.9 - COUNCIL ON AGING
ORDERED: That the Annual Appropriations under the authority of the Council on Aging shall be as follows:
Administration & Support
Personnel Services $333,813.00
Nonpersonnel Expenses 27,174.00
TOTAL $360,987.00
#494.10 - DATA PROCESSING
ORDERED: That only the following Items in the Annual Appropriation under the authority of Data Processing (MIS) shall be reduced and all others shall remain the same:
REDUCED
Technology/E-Government $75,000.00
AND BE IT FURTHER ORDERED: That the Annual Appropriations under the authority of Data Processing (MIS) shall be as follows:
Data Processing Services
Personnel Services $127,971.00
Nonpersonnel Expenses 157,687.00
TOTAL $285,658.00
#494.11 - DEBT SERVICE
ORDERED: That the Annual Appropriations under Debt Services shall be as follows:
Debt Services $ 4,852,406.00
Short Term Debt Interest 1,032,357.00
TOTAL $ 5,884,763.00
#494.12 - ELECTIONS AND REGISTRATIONS
ORDERED: That the Annual Appropriations under the authority of Elections and Registrations shall be as follows:
Voting
Personnel Services $157,753.00
Nonpersonnel Expenses 46,950.00
TOTAL $204,703.00
#494.13 - ELECTRICAL
ORDERED: That the Annual Appropriations under the authority of Electrical shall be as follows:
Inspection/Maintenance
Personnel Services $286,972.00
Nonpersonnel Expenses 607,099.00
TOTAL $894,071.00
#494.14 - FINANCE DIRECTOR
ORDERED: That the Annual Appropriations under the authority of the Finance Director shall be as follows:
Accounting
Personnel Services $232,211.00
Nonpersonnel Expenses 7,600.00
TOTAL $239,811.00
#494.15 - FIRE DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the Fire Department shall be as follows:
Fire Suppression
Personnel Services $5,668,395.00
Nonpersonnel Expenses 458,695.00
TOTAL $6,127,090.00
#494.16 - HARBORMASTER
ORDERED: That the Annual Appropriations under the authority of the Harbormaster shall be as follows:
Harbor Patrol
Personnel Services $105,808.00
Nonpersonnel Expenses 39,100.00
TOTAL $144,908.00
#494.17 - BOARD OF HEALTH
ORDERED: That the Annual Appropriations under the authority of the Board of Health shall be as follows:
Administration & Support
Personnel Services $360,621.00
Nonpersonnel Expenses 15,100.00
TOTAL $375,721.00
#494.18 - HISTORICAL COMMISSION
ORDERED: That the Annual Appropriations under the authority of the Historical Commission shall be as follows:
Historic Preservation
Personnel Services $6,908.00
Nonpersonnel Expenses 1,609.00
TOTAL $8,517.00
#494.19 - HUMAN RESOURCES
ORDERED: That only the following items in the Annual Appropriation under the authority of Human Resources shall be reduced, and all others shall remain the same:
REDUCED
Unemployment Compensation $10,000.00
Workmen's Compensation $10,000.00 Salaries
TOTAL $20,000.00
AND BE IT FURTHER ORDERED: That the Annual Appropriations under the authority of Human Resources shall be as follows:
Personnel
Personnel Services $172,038.00
Nonpersonnel Expenses 59,800.00
Group Insurance
Personnel Services 5,805,000.00
Unemployment Compensation
Personnel Services 110,000.00
Workmen's Compensation
Personnel Services 375,000.00
Youth Opportunity
Personnel Services 60,000.00
TOTAL $6,581,838.00
#494.20 - LIBRARY
ORDERED: That the Annual Appropriations under the authority of the Library shall be as follows:
Community Reader Service
Personnel Services $742,136.00
Nonpersonnel Expenses 233,845.00
TOTAL $975,981.00
#494.21 - LICENSING BOARD
ORDERED That the Annual Appropriations under the authority of the Licensing Board shall be as follows:
Licensing
Personnel Services $39,206.00
Nonpersonnel Expenses 2,075.00
TOTAL $41,281.00
#494.22 - MARKET & TOURIST COMMISSION
ORDERED: That The Annual Appropriations under the authority of the Market and Tourist Commission shall be as follows:
Tourist Promotion
Nonpersonnel Expenses $54,767.00
TOTAL $54,767.00
#494.23 - MAYOR
ORDERED: That the Annual Appropriations under the authority of the Mayor shall be as follows:
Executive
Personnel Services $271,259.00
Nonpersonnel Expenses 122,780.00
TOTAL $394,039.00
#494.24 - PARK & RECREATION
ORDERED: That only the following items in the Annual Appropriation under the authority of Park & Recreation shall be reduced and all others shall remain the same:
REDUCED
Administration and Support
Personnel Services
Working Foreman $36,396.00
AND BE IT FURTHER ORDERED: That the Annual Appropriations under the authority of Park & Recreation shall be as follows:
Administration & Support
Personnel Services 977,846.00
Nonpersonnel Expenses 193,410.00
Golf Course
Personnel Services 210,378.00
Nonpersonnel Expenses 97,150.00
Winter Island
Personnel Services 124,148.00
Nonpersonnel Expenses 39,350.00
Witch House
Personnel Services 89,153.00
Nonpersonnel Expenses 19,000.00
TOTAL $1,750,435.00
#494.25 - PARKING DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the Parking Department shall be as follows:
General Operations
Personnel Services $358,654.00
Nonpersonnel Expenses 124,250.00
TOTAL $482,904.00
#494.26 - PARKING FINES
ORDERED: That the Annual Appropriations under the authority of Parking Fines shall be as follows:
Parking Fine Administration
Personnel Services $ 64,290.00
Nonpersonnel Expenses 8,575.00
TOTAL $ 72,865.00
#494.27 - PLANNING BOARD
ORDERED: That the Annual Appropriations under the authority of the Planning Board shall be as follows:
Subdivision/Planning/Zoning
Personnel Services $20,448.00
Nonpersonnel Expenses 34,640.00
TOTAL $55,088.00
#494.28 - PLANNING DEPARTMENT
ORDERED: That only the following items in the Annual Appropriation under the authority of the Planning Department shall be reduced, and all others shall remain the same:
Planning/Community Development REDUCED
Personnel Services
Transportation Planner $40,000.00
Acting Dir. Of Planning 10,443.00
TOTAL $50,443.00
AND BE IT FURTHER ORDERED: That the Annual Appropriations under the authority of the Planning Department shall be as follows:
Planning/Community Development
Personnel Services $ 196,455.00
Nonpersonnel Expenses 92,775.00
City Hall Annex Rent 360,000.00
TOTAL $ 649,230.00
#494.29 - POLICE DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the Police Department shall be as follows:
Citizen Protection
Personnel Services $6,353,727.00
Nonpersonnel Expenses 438,860.00
TOTAL $6,792,587.00
#494.30 - PUBLIC PROPERTY
ORDERED: That the Annual Appropriations under the authority of Public Property shall be as follows:
Building/Plumbing/Gas Inspections
Personnel Services 297,432.00
Public Building Maintenance
Personnel Services 96,105.00
Nonpersonnel Expenses 242,150.00
TOTAL $635,687.00
#494.31 - PUBLIC SERVICES
ORDERED: That the Annual Appropriations under the Authority of Public Services shall be as follows:
Engineering Services
Personnel Services 796,485.00
Nonpersonnel Expenses 2,974,100.00
Snow & Ice Control
Personnel Services 50,000.00
Nonpersonnel Expenses 260,000.00
TOTAL $4,080,585.00
#494.32 - PURCHASING
ORDERED: That the Annual Appropriations under the authority of Purchasing shall be as follows:
Purchasing
Personnel Services $112,588.00
Nonpersonnel Expenses 49,000.00
TOTAL $161,588.00
#494.33 - SCHOOLS
ORDERED: That the Annual Appropriations for Schools shall be as follows:
Salem School Department
Administration and Support $ 38,500,000.00
#494.34 - CITY SOLICITOR
ORDERED: That the Annual Appropriations under the authority of the City Solicitor shall be as follows:
Legal Services
Personnel Services $108,884.00
Nonpersonnel Expenses 167,000.00
TOTAL $275,884.00
#494.35 - CITY TREASURER
ORDERED: That the Annual Appropriations under the authority of the City Treasurer shall be as follows:
Treasury Services
Personnel Services $ 161,805.00
Nonpersonnel Expenses 79,900.00
Contributory Retirement
Personnel Services 4,070,670.00
Municipal Insurance
Nonpersonnel Expenses 375,000.00
Non-Contributory Pensions
Personnel Services 341,400.00
Medicare
Personnel Services 481,000.00
TOTAL $5,509,775.00
#494.36 - VETERANS AGENT
ORDERED: That the Annual Appropriations under the authority of the Veterans Agent shall be as follows:
Administration & Support
Personnel Services $ 74,887.00
Nonpersonnel Expenses 74,380.00
TOTAL $149,267.00
#494.37 - SEWER ENTERPRISE FUNDS
ORDERED: That only the following items in the Annual Appropriations under SEWER Enterprise Funds shall be reduced and all others shall remain the same.
REDUCED
Personnel Services
GIS $22,000.00
AND BE IT FURTHER ORDERED: That the Annual Appropriations under SEWER Enterprise Funds shall be as follows:
Sewer
Personnel Services $ 346,012.00
Nonpersonnel Expenses 1,002,000.00
S.E.S.D. Assessment 6,139,382.00
TOTAL $7,487,394.00
#494.38 - WATER ENTERPRISE FUNDS
ORDERED: That only the following items in the Annual Appropriations under WATER Enterprise Funds shall be reduced and all others shall remain the same.
REDUCED
Personnel Services
GIS $22,000.00
AND BE IT FURTHER ORDERED: That the Annual Appropriations under WATER Enterprise Funds shall be as follows:
Water
Personnel Services 346,712.00
Nonpersonnel Expenses 553,875.00
Salem/Beverly Water Board Assessment 1,611,236.00
Water Debt Service 183,650.00
TOTAL $2,695,473.00
#494.39 - TOTAL APPROPRIATION
ORDERED: That the aggregate fiscal 2002 operating budget, recommended by the Mayor in the amount of $ 86,811,385.00 is hereby adopted in the amount of $86,629,546.00.
AND BE IT FURTHER ORDERED: That the adopted fiscal 2002 operating budget be funded from property taxes, state aid, and non-property tax revenues when the fiscal year 2002 tax rate is set.
#494.40 - TOTAL SEWER ENTERPRISE
ORDERED: That the Sewer Enterprise Fund Fiscal Year 2002 Operating Budget, recommended by the Mayor in the amount of $ 7,509,394.00 is hereby adopted in the amount of $7,487,394.00
AND BE IT FURTHER ORDERED: That the adopted fiscal year 2002 Sewer Enterprise Fund Operating Budget be funded from sewer rates, state aid, and non-sewer revenues when the fiscal year 2002 Sewer rate is set.
#494.41 - TOTAL WATER ENTERPRISE
ORDERED: That the Water Enterprise Fund Fiscal Year 2002 Operating Budget, recommended by the Mayor in the amount of $ 2,717,473.00 is hereby adopted in the amount of $2,384,373.00
AND BE IT FURTHER ORDERED: That the adopted fiscal year 2002 Water Enterprise Fund Operating Budget be funded from water rates, state aid, and non-water revenues when the fiscal year 2002 Water rate is set.
#495 - TRANSFER STATION AUDIT
A communication from City Solicitor John Keenan, submitting the Transfer Station Audit, proposed ordinance amendments, invitation for bids, and the D.E.P. consent order, was referred to the Committee of the Whole.
(#421) - CHANGE OF DATE FOR HISPANIC FESTIVAL
Councillor Hayes moved to discharge from the Committee on Ordinances, Licenses, and Legal Affairs, the change of date for the Hispanic Festival to September 1, 2001. It was so voted.
Councillor Hayes moved approval of the September 1, 2001 date. It was so voted.
#496 - INVITATION REGARDING PEABODY/ESSEX MUSEUM EXHIBIT "SECRET WORLD OF THE FORBIDDEN CITY"
An invitation from the Peabody Essex Museum and information regarding their new exhibit the "Secret World of the Forbidden City" starting July 1, 2001, was received and filed.
#497 - BLOCK PARTY - FLYNN STREET
The request of the residents of Flynn Street to hold a Block Party on August 11, 2001 with a raindate of August 12, 2001, was granted.
#498 - #500 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAXI OPERATOR Alberto Guerrero, 16 ½ Chase Street
TAG DAY S.H.S. Percussion Colorguard, August 18, 2001
S.H.S. Concert Band, December 1, 2001
(#422) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, STOP SIGN, SUMMIT AVENUE
The matter of second and final passage of an Ordinance amending Traffic, Section 49, Stop Sign, Summit Avenue, was then taken up. The Ordinance was adopted for second and final passage.
(#427) - SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, PARKING PROHBITED, CLEVELAND STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 51, Parking Prohibited, Cleveland Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor LaCava, the meeting adjourned at 11:15 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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