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MINUTES - 06-26-2008

A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 26, 2008 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on June 20, 2008 at  8 :40 A.M.


       Councillor Pelletier arrived at 7:07 P.M.  Councillor Furey arrived at 7:15 P.M.
       Councillor Veno arrived at 7:20 P.M.

       Council President PersonNameMichael Sosnowski presided.


  Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.


       President Sosnowski requested that everyone please rise to recite the Pledge of Allegiance.


#401 – (#376) - CONDUIT LOCATION ON CENTRAL STREET

        A hearing was held on the Order of Comcast to install one conduit on Central Street. Appearing in favor was Jerry Rowinski representative of Comcast, Tozer Road, Beverly, MA. There was no one opposed. The Hearing was closed. On the motion of Councillor Pelletier the request was granted.


#402 – (#377) - CONDUIT LOCATION ON DODGE STREET COURT

        A hearing was held on the Order of Comcast to install one conduit on Dodge Street Court. Appearing in favor was Jerry Rowinski representative of Comcast, Tozer Road, Beverly, MA. There was no one opposed. The Hearing was closed. On the motion of Councillor Pelletier the request was granted.


#403 – APPT. OF AARON ALLEN TO THE AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES

        The Mayor’s reappointment of Aaron Allen to serve as a member of the Affordable Housing Trust Fund Board of Trustees with a term to expire on June 1, 2011, was held until the next meeting of July 17, 2008.





#404 – APPT. OF JEAN HARRISON TO THE COMMISSION ON DISABILITIES

        The Mayor’s appointment of Jean Harrison to serve as a member of the Commission on Disabilities with a term to expire on June 1, 2011, was held until the next meeting of July 17, 2008.



#405 – APPT. OF REBECCA CHRISTIE TO THE CONSERVATION COMMISSION

        The PersonNameMayor’s appointment of Rebecca Christie to serve as a member of the Conservation Commission with a term to expire on September 15, 2009, was held until the next meeting of July 17, 2008.


#406 – APPT. OF ELISA CASTILLO TO THE PLUMMER HOME FOR BOYS BOARD OF TRUSTEES

        The PersonNameMayor’s appointment of Elisa Castillo to serve as a member of the Plummer Home for Boys Board of Trustees with a term to expire on June 1, 2013, was held until the next meeting of July 17, 2008.


#407 – CONSTABLE

        The PersonNameMayor’s reappointment of Richard Cornacchini as a Constable for a term to expire  June 24, 2011, was received and placed on file.


#408 – ACCEPT DONATION FOR IMPROVEMENT OF PARKING IN DOWNTOWN

        The following Order, recommended by the Mayor, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent and Sosnowski were recorded as voting in the affirmative. Councillor Veno was recorded as absent.

        ORDERED: To accept the donation in the amount of $10,000.00 to the Salem Planning Department as required by the City’s Planning Board decision for the project at the former C.F. Tompkins furniture building at 271-275 Essex Street towards the improvement of parking conditions in the downtown.






#409 – ACCEPT M.G.L. , CH. 44, SEC. 53E ½ REVOLVING FUNDS FOR FY09

        The following Order, recommended by the Mayor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.

        ORDERED: That the Salem City Council vote, pursuant to the provisions of Massachusetts General Law, Chapter 44, Section 53E ½ to authorize the establishment of the revolving funds for Fiscal Year 2009 as herein described. Expenditures from said funds shall not exceed the amount of funds received in the respective accounts or as authorized as stated, shall come from any funds received by the respective boards for performing services, shall be used solely for the purpose of implementing the programs delineated and  shall be approved by a majority vote of any respective boards in accordance with the recommendation of Her Honor the Mayor.

                

Engineering
Traffic Island
2439
Project related to City beautification initiative and special and community events.  Traffic Island Beautification Program, Beautification Committee, and Downtown & City-wide projects including purchasing, signage, labor and equipment associated with seasonal decorations.
Fee charged for traffic Island Sponsorships, special events revenue, and event and beautification effort sponsors.
Engineer and PersonNameMayor
$         20,000.00

Engineering
Environmental Fund
New
Provide for City purchase of environmental items such as recycling bins, recycling toters, rain barrels, composters, water conservation devices, recycling calendar, and educational material.
Fee charged for recycling bins, recycling toters, rain barrels, composters, water conservation devices.
Engineer and PersonNameMayor
$         25,000.00


#410 – LEASE AGREEMENT WITH GORDON COLLEGE FOR PIONEER VILLAGE AND OLD TOWN HALL

        The following Order, recommended by the Mayor, was referred to the Committee of the Whole.

        ORDERED: The Mayor, on behalf of the City of Salem, is hereby authorized to enter into lease agreements with Gordon College for the use of Old Town Hall and Pioneer Village for a period of five years, with the option to extend for five years, at the discretion of the City.





#411 – RESOLUTION TO PRESERVE AMERICA COMMUNITY

        The following Resolution recommended by the Mayor, was adopted.

        RESOLUTION:

        WHEREAS:        Preserve America is a White House initiative developed in cooperation with the  Advisory Council on Historic Preservation, the U.S. Department of the Interior, and the U.S.    Department of Commerce; and

        WHEREAS:        The goals of the initiative include a greater shared knowledge about our        Nation’s past, strengthened regional indentities and local pride, increased local participation         in preserving the country’s irreplaceable cultural and natural heritage assets, and support for         the economic vitality of communities; and

        WHEREAS:  This initiative is compatible with our community’s interest and goals related to      historic preservation; and

        WHEREAS:        Designation as a Preserve America Community will improve our community’s        ability to protect and promote its historical resources;

        NOW, THEREFORE, BE IT RESOLVED: That the City of Salem will apply for the       designation of Salem as a Preserve America Community; and

        BE IT FURTHER RESOLVED: That the City of Salem will protect and celebrate our heritage,         use our historic assets for economic development and community revitalization, and      encourage people to experience and appreciate local historic resources through education        and heritage tourism programs.


#412 – PARKING PASSES FOR THE USE OF METERED SPACES TO COMMERCIAL VEHICLES
        
        The following Order recommended by the Mayor, was referred to the Committee on Government Services and that the Parking Director be invited.

        ORDERED: The Executive Director of the Parking Department or his/her designee is hereby authorized to issue parking passes for the daily use of a metered parking space to be occupied by a commercial vehicle. Such use is to be granted only when a commercial contractor is actively performing work at a location in close proximity to the parking meter in question.

        The Executive Director of the Parking Department or his/her designee shall assess a fee of $15.00 per day for each pass that it issues for the use of a metered parking space. Such fee shall be paid by the commercial contractor upon issuance of the parking pass.
#413 – ORDINANCE RELATIVE TO DUMPSTERS

        The following Ordinance recommended by the Mayor, was adopted for first passage and referred to the Committee on Ordinances, Licenses and Legal Affairs.

        In the year two thousand and eight

        An Ordinance to amend an Ordinance relative to Dumpsters

        Be it ordained by the City Council of the City of Salem, as follows:

        Section 1. Chapter 24, Section 24-23 Dumpsters is hereby amended by:

1)      Inserting the phrase “Parking Department” within the third paragraph of the section entitled “Enforcement, issuance, fees” immediately preceding the phrase “fire department.”

2)      Inserting the phrase “and in the case of utilizing a parking metered space approval must also be granted by the Parking Department” within the forth paragraph of the section entitled “Location” immediately following the phrase “fire department.”

3)      Inserting the phrase “and if applicable, the Parking Department” within the eigth paragraph of the section entitled “Obstruction of Traffic” immediately following the phrase “fire department.”

4)      Inserting the phrase “and in the case of utilizing a metered parking space, also from the Parking Department” within the eleventh paragraph of the section entitled “Owner’s Permit” immediately following the phrase “building department” within the first sentence of this paragraph.

        Section 2. This Ordinance shall take effect as proved by City Charter.


#414 – APPR. TO THE RETIREMENT ANTICIPATION

        The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Prevey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.

        The following Order, recommended by the Mayor was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.





        ORDERED: That the sum of Four Hundred Thousand Dollars ($400,000.00) is hereby appropriated to the Retirement Anticipation Stabilization Fund to be funded by property taxes, state aid, non-property tax revenue and reserves as part of the Fiscal Year 2009 budget process in accordance with the recommendation of Her Honor the Mayor.


#415 – APPR. TO THE CAPITAL IMPROVEMENT PROJECTS FUND   

        The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor Prevey requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.

        The following Order, recommended by the Mayor was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        ORDERED: That the sum of Seventy Five Thousand Dollars ($75,000.00) is hereby appropriated to the Capital Improvement Projects Fund to be funded by property taxes, state aid, non-property tax revenue and reserves as part of the Fiscal Year 2009 budget process in accordance with the recommendation of Her Honor the Mayor.


#416 – RE-ESTABLISHMENT OF THE SALEM STATE COLLEGE NEIGHBORHOOD ADVISORY COMMITTEE

        The following communication from the Mayor was received and placed on file.

                                                                        
                                                                June 19, 2008

        Honorable Salem City Council
        Salem City Hall
        Salem, Massachusetts 01970

        Ladies and Gentlemen of the City Council:

                On March 27, 2008, Ward 7 City Councillor Joseph O’Keefe and Ward 5 Councillor Matthew Veno submitted an Order to the City Council requesting that I re-activate the Salem State College Neighborhood Advisory Committee.

        On January 27, 2000 as the Ward 5 City Councillor I, in conjunction with Councillor O’Keefe, originally submitted a resolution to create this group as a means to foster greater communication between neighborhood residents, City officials and College representatives. As you know, the College is the largest institution of higher education in the state college system and provides great educational and economic benefits to the City and the region. We are truly fortunate to benefit from the College’s presence in our City.

        At the present time, there is a tremendous amount of activity at the College with the recent construction of a new baseball field, plans to build a new dormitory on Central Campus and the current review of development possibilities at the former Weir Valves property. This activity will certainly have impacts on the entire City, in particular the South Salem section. For these reasons, I am happy and see it necessary to re-establish this group.

        The committee will serve as a conduit for Salem State College, the City and neighbors to discuss pertinent information and concerns related to the College’s current and ongoing projects, future College initiatives that may impact the City and neighborhoods, as well as City initiatives and projects that may have impacts on the College.

        The committee will be comprised of 12 members – one representative from the Mayor’s Office, three representatives from the College, Wards 1, 5 and 7 City Councillors, a representative from South Salem Neighborhood Association, a neighbor and resident of Wards 5 and 7, a representative from the Salem Housing Authority Tenant Association and an at-large neighbor. I have enclosed a list of those who I have appointed to serve on the newly established Salem State College Neighborhood Advisory Committee based on input received from Councillors Veno and O’Keefe.

        I thank Councillors O’Keefe and Veno for this worthwhile recommendation and look forward to the City benefitting from the Committees future efforts. Please do not hesitate to contact me with any questions or comments.

                                                        Very truly yours,

                                                        Kimberley Driscoll
                                                        Mayor


Members of the Salem State College Neighborhood Advisory Committee

Salem State College

Beth Bower, Special Assistant to the President for External Affairs
Andrew Soll, Vice President for Finances and Facilities
Dr. Lee Brossoit, Assistant Dean, Student Life

City of Salem

Jason Silva, Chief Administrative Aide
Ward 1 City Councillor Robert McCarthy
Ward 5 City Councillor Matthew Veno
Ward 7 City Councillor Joseph O’Keefe

Neighborhood Representatives

James Rose (or designee), South Salem Neighborhood Association
John Walsh, Broadway, Ward 5 Resident
Jack Hoar, Naples Road, Ward 7 Resident
Fran Carson (or her designee), Salem Housing Authority Tenant Association
Marcia Lambert, At-Large Neighbor



#417 – FINANCIAL REPORT DATED MAY 31, 2008

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the Financial Report dated May 31, 2008 be received and placed on file.



#418 – ORDINANCE TRAFFIC, PARKING TIME LIMITED, BOSTON STREET

        Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.

        In the year two thousand and eight

        An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, “Parking Time Limited”

        Be it ordained by the City Council of the City of Salem, as follows:

        Section 1. Boston Street northeasterly side, from the intersection of Federal Street and Boston Street in a westerly direction, for a distance of fifty (50) feet, thirty (30) minute parking limit, 8:00 AM to 6:00 PM, Monday through Friday. “Parking Time Limited.”

        Section 2. This Ordinance shall take effect as provided by City Charter.


#419 – ORDINANCE TRAFFIC, PARKING TIME LIMITED, BRIDGE STREET

Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.

        In the year two thousand and eight

        An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, “Parking Time Limited”

        Be it ordained by the City Council of the City of Salem, as follows:

        Section 1. Bridge Street in front of #85 for a distance of twenty (20) feet, “Thirty Minute Parking, 8:00 AM to 6:00 PM, Monday through Friday. “Parking Time Limited.”

        Section 2. This Ordinance shall take effect as provided by City Charter.


#420 – SENIOR CENTER COMMITTEE PRESENTATION

        Councillor Veno introduced the following Order, which was adopted.

        ORDERED: That the City Council Committee of the Whole meet to receive a presentation from, and the final report of the Senior Center Committee.

        Be it further ordered that members of the Senior Center Committee be invited to attend.



#421 – ST. JOSEPH’S PROPERTY BE INCLUDED AS PART OF THE S.R.A. DISTRICT

        Councillor Lovely introduced the following Order, which was adopted.

        ORDERED: That the B-5 / St. Joseph’s area be extended to include the SRA district and that it be referred to the Committee on Ordinances, Licenses and Legal Affairs for study and review.


#422 – (#382 - #386) - GRANTING LICENSES

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted:

PUBLIC GUIDES                   Robert Woodward, 56 Hatherly Rd. Rockland
                                        Thomas Sharpley, 1 Cordis St., Charlestown
                                        T. Michael Keaton, 55D Brackett Pl., Marblehead
                                        Frances Kneeland, 1 Cordis St., Boston
                                        Raul Consund, 267 Weston Rd., Wellesley
        
SECOND HAND                     Treasures Over Time, 131 Essex St. #4, Salem
VALUABLE                                

TAG DAY                         Disabled American Vets, July 11, 12 & 13, 2008
                                        The Pink Angels, July 19, 2008
                                        S.H.S. Girls Soccer, August 30, 2008 & Sept. 28, 2008


#423 – (#387) – VEHICLE FOR HIRE LICENSE

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting a certain vehicle for hire license for Matthew R. Sposato, has considered said matter and would recommend denial.


#424 – #424.1 - (#12) – ORDINANCE RELATIVE TO A CITY COUNCIL BUDGET ANALYST

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an Ordinance relative to a Budget Analyst Position, has considered said matter and would recommend that the Ordinance be adopted for first passage.

        In the year two thousand and eight

        An Ordinance to amend and Ordinance relative to the City Council Budget Analyst

        Be it ordained by the City Council of the City of Salem, as follows:

        Section 1. Chapter 2, Article III is hereby amended by adding the following new Division as follows:

        “DIVISION 13. CITY COUNCIL BUDGET ANANLYST

        Sec. 2-600. Appointment ; term.
        The City Council may, by a majority vote and written confirmation of the Mayor, appoint a       Budget Analyst. Such Analyst shall serve for three years and until his or her successor is      qualified. The Analyst may be removed, by majority vote of the City Council, with or without    cause.

        Sec. 2-601. Compensation.
        The Analyst shall receive such compensation for his or her services as shall be determined      by the City Council.

        Sec. 2-602. Duties generally.
        The Analyst shall assist the City Council in the review of the City’s annual Operating Budget,  Five-year Financial Forecast, Capital Improvement Plan, annual tax rate recapitulation, and     periodic water or sewer rate adjustments. The Analyst shall have access to all books,   accounts, invoices and purchase orders of the City. All City officials shall cooperate with the         Analyst in the performance of his or her duties. The Analyst shall have such other specific     duties as provided by Ordinance or by other vote of the City Council.

        Section 2.  This Ordinance shall take effect as provided by City Charter.


#425 – (#378) – HEARING REQUEST FOR TAXI OPERATOR

        Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a request for a hearing on the denial of a taxi operator license has considered said matter and would recommend that a taxi operator license for Jaime Lopez, 34 Hanover Street #6, Lynn, MA 01902, be approved subject to the stipulation that any complaints on his conduct to the Salem Police Department or Officer Michael Page will cause its immediate suspension.


Councillor O’Keefe assumed the Chair.


#426 – (#357) – FIVE YEAR TRASH CONTRACT

        Councillor Sosnowski offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Pinto was recorded as voting in the negative.

        The Committee of the Whole to whom was referred the matter of an amended Five Year Trash Contract has considered said matter and would recommend that the contract be adopted as amended.



#427 – FISCAL YEAR 2009 BUDGET

        Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.

        The Committee on Administration and Finance to whom was referred the matter of the Fiscal Year 2009 Operating Budget, has considered said matter and would recommend that the total Operating Budge for Fiscal Year 2009 in the amount of $119,065,723.00 be adopted by the following orders:



#427.1 – MAYOR

        ORDERED: That the Annual Appropriations under the authority of the PersonNameMayor shall be as follows:

PersonNameMayor                         

Personnel                               $238,325.00
                        Non Personnel Expenses                  $115,250.00
                        Total                                   $353,575.00             
                




#472.2 – CITY COUNCIL

        ORDERED: That the Annual Appropriations under the authority of the City Council shall be as follows:

                Legislative

                        Personnel                               $119,700.00
                        Non Personnel Expenses            $38,650.00
                        Total                                   $158,350.00     

                








        
#427.3 – CITY CLERK

        ORDERED: That the Annual Appropriations under the authority of the City Clerk shall be as follows:

                City Clerk

                        Personnel                               $153,106.00
                        Non Personnel Expenses              $6,550.00
                        Total                                   $159,656.00     
                        




#427.4 – ELECTIONS AND REGISTRATION

        ORDERED: That the Annual Appropriations under the authority of the Elections and Registration shall be as follows:

                Elections & Registration

                        Personnel                               $179,051.00
                        Non Personnel Expenses            $50,350.00                    
Total                                   $229,401.00     




#427.5 - ASSESSOR

        ORDERED: That the Annual Appropriations under the authority of the Assessor shall be as follows:

                Assessing

                        Personnel                               $241,800.00
                        Non Personnel Expenses            $31,000.00
                        Total                                   $272,800.00     
                        






#427.6 – COLLECTOR

        ORDERED: That the Annual Appropriations under the authority of the Collector shall be as follows:

                Collector

                        Personnel                               $188,840.00
                        Non Personnel Expenses            $32,875.00
                        Total                                   $221,715.00                             



#427.7 – DATA PROCESSING

        ORDERED: That the Annual Appropriations under the authority of the Data Processing shall be as follows:

                Data Processing

                        Personnel                               $160,085.00
                        Non Personnel Expenses             $19,000.00                                                           Total                                   $179,085.00

                        Fixed Costs                             $293,741.00

                        GIS                                       $31,504.00
                        Non Personnel                     $11,650.00
                                                                  $43,154.00

                        TOTAL                           $515,980.00
                        
#427.8 – FINANCE DEPARTMENT

        ORDERED: That the Annual Appropriations under the authority of the Finance Department shall be as follows:

                Finance Department

                        Personnel                               $225,946.00
                        Non Personnel Expenses            $27,600.00
                        Total                                   $253,546.00                             



#427.9 – PARKING DEPARTMENT

        ORDERED: That the Annual Appropriations under the authority of the Parking Department shall be as follows:

                Parking Department

                        Personnel                               $479,392.00
                        Non Personnel Expenses          $134,700.00
                        Total                                   $614,092.00     

                

#427.10 –  PURCHASING

        ORDERED: That the Annual Appropriations under the authority of the Purchasing Department shall be as follows:

                Purchasing Dept.

                        Personnel                               $100,469.00
                        Non Personnel Expenses          $16,750.00
                        Total                                    $54,219.00

                        Fixed Costs                             $54,181.00

                        TOTAL                            $171,400.00
                        

                
#427.11 – TREASURER

        ORDERED: That the Annual Appropriations under the authority of the Treasurer shall be as follows:

                Treasurer

                        Personnel                               $143,226.00
                        Non Personnel Expenses            $58,050.00
                        Total                                   $201,276.00


                        Debt Service                            $6,925,496.00
                        Short Term Debt.                           $137,200.00
                        
                        Assessments
                            NSRS/Charter/Choice         $1,649,661.00

                        State Assessment
                                Expenses                        $6,117,564.00

                        Contributory Retirement
                             Personnel Services         $7,790,999.00

                        Non Contributory Retirement        $130,692.00

                        Medicare
                             Personnel Services            $672,200.00

                        Municipal Insurance
                             Non Personnel Expenses        $326,300.00

                        TOTAL                             $23,951,388.00



#427.12 – SOLICITOR

        ORDERED: That the Annual Appropriations under the authority of the Solicitor shall be as follows:

                Solicitor

                        Personnel                               $152,269.00
                        Non Personnel Expenses            $72,000.00
                        Total                                   $224,269.00                             



#427.13 – HUMAN RESOURCES

        ORDERED: That the Annual Appropriations under the authority of the Human Resources shall be as follows:

        Human Resources

                        Personnel                                       $219,321.00
                        Non Personnel Expenses                   $48,150.00
                        Total                                           $267,471.00

                        Workmen’s Comp-Personnel                $305,000.00

                        Unemployment Comp-Personnel             $230,000.00

                        Group Insurance-Personnel                       $10,029,642.00

                        GRAND TOTAL                           $10,832,113.00    
                
        Councillors O’Keefe and Sargent recused themselves and left the Chamber.



#427.14 – FIRE DEPARTMENT

ORDERED: That the Annual Appropriations under the authority of the Fire Department shall be as follows:

                Fire Department

                        Personnel                                       $6,257,371.00
                        Non Personnel Expenses                     $416,545.00
                        Total                                           $6,673,916.00
        Councillors O’Keefe and Sargent returned to the Chamber.


#427.15 – HARBORMASTER

        ORDERED: That the Annual Appropriations under the authority of the Harbormaster shall be as follows:

                Harbormaster

                        Personnel                                       $1595,836.00
                        Non Personnel Expenses                    $37,300.00
                        Total                                           $233,136.00                     


        Councillor Ryan recused himself and left the Chamber.


#427.16 – POLICE DEPARTMENT

        ORDERED: That the Annual Appropriations under the authority of the Police Department shall be as follows:

                Police Department

                        Personnel                                       $7,102,689.00
                        Non Personnel Expenses                     $522,583.00  
                        Total                                           $7,625,272.00
                

        Councillor Ryan returned to the Chamber


#427.17 – BOARD OF HEALTH

        ORDERED: That the Annual Appropriations under the authority of the Health Department shall be as follows:

                Health Dept.

                        Personnel                                       $377,082.00
                        Non Personnel Expenses                    $21,200.00
                        Total                                           $398,282.00                     



#427.18 – PUBLIC PROPERTY

        ORDERED: That the Annual Appropriations under the authority of the Public Property shall be as follows:

                Public Property

                        Board of Appeals
                            Personnel                                   $3,000.00
                            Non Personnel Expenses                 $900.00
                           Total                                        $3,900.00                       

                        Building Maintenance
                            Personnel                                    $46,098.00
                            Non Personnel Expenses             $153,760.00
                            Total                                      $199,858.00

                        Public Property         
                            Fixed Costs                       $510,000.00

                        Inspectional Services                 
    Personnel                                 $339,543.00
   Non Personnel Expenses              $31,000.00
   Total                                     $370,543.00

Licensing
    Personnel                                 $48,742.00
    Non Personnel Expenses              $1,940.00
    Total                                     $50,682.00

TOTAL                             $1,134,983.00

        
#427.19 – ELECTRICAL DEPT.

        ORDERED: That the Annual Appropriations under the authority of the Electrical Department shall be as follows:   
        
                Electrical Dept.

                        Personnel                                       $252,466.00
                        Non Personnel Expenses                  $749,000.00
                        Total                                           $1,001,466.00                   


#427.20 -  PLANNING DEPARTMENT

        ORDERED: That the Annual Appropriations under the authority of the Planning Department shall be as follows:

                Planning Dept.
                        
                Conservation Commisstion
                        Personnel                               $23,562.00
                        Non Personnel Expenses               $425.00
                        Total                                   $23,987.00

                Planning Board
                        Personnel                               $23,858.00
                        Non Personnel Expenses            $3,000.00
                        Total                                   $26,858.00

                Planning Dept.
                        Personnel                               $192,944.00
                        Non Personnel Expenses            $32,275.00
                        Total                                   $225,219.00

                Market & Tourist Commission
                        Non Personnel Expenses          $83,000.00

                Historical Commission
                        Personnel                               $7,064.00
                        Non Personnel Expenses          $1,350.00
                        Total                                   $8,414.00

                TOTAL                                  $367,478.00



#427.21 – PUBLIC SERVICES DEPARTMENT

        ORDERED: That the Annual Appropriations under the authority of the Public Services Department shall be as follows:

                Public Services

                        Personnel                               $1,418,051.00
                        Non Personnel Expenses             $563,165.00
        Public Services continued
                
                Snow & Ice
                        Personnel                                    $50,000.00
                        Non Personnel Expenses             $344,560.00
                        Total                                      $394,560.00

                        TOTAL                           $2,375,776.00


                        
#427.22 – ENGINEERING   

        ORDERED: That the Annual Appropriations under the authority of the Public Services/ Engineering shall be as follows:


                Engineering
                        Personnel                               $76,450.00
                        Non Personnel Expenses          $3,500.00
                        Total                                   $79,950.00      
                        
                




#427.23 – COUNCIL ON AGING

        ORDERED: That the Annual Appropriations under the authority of the Council on Aging shall be as follows:

Council on Aging

                        Personnel                               $289,331.00
                        Non Personnel Expenses            $31,100.00
                        Total                                   $320,431.00                             




#427.24 – LIBRARY


        ORDERED: That the Annual Appropriations under the authority of the Library shall be as follows:

                Library
                
                        Personnel                               $826,229.00
                        Non Personnel Expenses          $283,872.00
                        Total                                   $1,110,101.00                           




#427.25 – RECREATION AND COMMUNITY SERVICE

        ORDERED: That the Annual Appropriations under the authority of the Recreation and Community Service shall be as follows:


                Recreation
                        Personnel                               $328,769.00
                        Non Personnel Expenses           $151,610.00
                        Total                                   $480,379.00

                Golf Course
                        Personnel                               $228,008.00
                        Non Personnel Expenses            $99,500.00
                        Total                                   $327,508.00

                Witch House
                        Personnel                                 $74,066.00
                        Non Personnel Expenses            $63,280.00
                        Total                                   $137,346.00

                placePlaceNameWinter PlaceTypeIsland
                        Personnel                               $94,757.00
                        Non Personnel Expenses          $56,000.00
                        Total                                    $150,757.00

                TOTAL                                  $1,096,990.00

                
                                

#427.26 – VETERANS SERVICES


        ORDERED: That the Annual Appropriations under the authority of the Veterans Services shall be as follows:

                Veterans Services


                        Personnel                               $70,052.00
                        Non Personnel Expenses          $81,200.00
                        Total                                    $151,252.00                            



        Councillors Veno and McCarthy recused themselves and left the Chamber.


#427.27 – SCHOOL DEPARTMENT

        ORDERED: That the Annual Appropriations under the authority of the School Department shall be as follows:

                School Dept.
                                                                
                        Total                                   $45,376,000.00  



        Councillors Veno and McCarthy returned to the Chamber.          


        Councillor Lovely left the Chamber.
#427.28 – SEWER ENTERPRISE FUND

        The following Order was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Furey, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Lovely was recorded as absent.

        A motion for immediate reconsideration in the hopes it would not prevail was denied.

        ORDERED: That the Annual Appropriations under SEWER Enterprise Fund shall be as follows:

        SEWER ENTERPRISE FUND

                Sewer Public Services
                        Personnel                               $268,088.00
                        Non Personnel Expenses          $217,000.00
                        Total                                   $485,088.00

                Sewer- Engineer
                        Personnel                               $154,588.00
                        Non Personnel Expenses          $203,700.00
                        Total                                   $358,288.00

        
                Treasurer
                        SESD Sewer Assessment           $5,841,346.00

                Sewer Enterprise SESD
                Insurance Deductibles                        $10,000.00

                TOTAL                                   $6,694,722.00


#427.29 – WATER ENTERPRISE FUND

        The following Order was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        A motion for immediate reconsideration in the hopes it would not prevail was denied.
        
ORDERED: That the Annual Appropriations under WATER Enterprise Funds shall be as follows:
                
                Water Public Services
                        Personnel                               $278,088.00
                        Non Personnel Expenses          $250,035.00
                        Total                                   $528,123.00

                Water Engineering
                        Personnel                               $157,188.00
                        Non Personnel Expenses          $387,600.00
                        Total                                   $544,788.00

                Treasurer
                        Water Long Term Debt            $515,937.00

                        Water Short Term Debt           $100,000.00

                Salem/Beverly Water Board               
                           Assessment                           $2,168,075.00

                Water   Enterprise
                           Insurance Deductable         $10,000.00

                TOTAL                                   $3,866,923.00



#427.30 – TRASH ENTERPRISE FUND

       The following Order was adopted by a roll call vote of 8 yeas, 2 nays, 0 absent, 1 present.
Councillors Furey, McCarthy, O’Keefe, Pelletier, Prevey, Ryan, Veno and Sosnowski were recorded as voting in the affirmative. Councillors Lovely and Pinto was recorded as voting in the negative. Councillor Sargent was recorded as present.

        A motion for immediate reconsideration in the hopes it would not prevail was denied.

        ORDERED: That the Annual Appropriations under Trash Enterprise Funds shall be as follows:

                Trash Enterprise

                        Personnel                                    $71,580.00
                        Non Personnel Expenses          $2,529,200.00

                        Total                                   $2,600,780.00







#427.31 – FISCAL YEAR 2009 BUDGET      

        The following Order was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        A motion for immediate reconsideration in the hopes it would not prevail was denied.


        ORDERED: That the aggregate Fiscal Year 2009 operating budget, recommended by the

PersonNameMayor in the amount of $119,065,723.00, is hereby adopted in the amount of

                                $119,065,723.00.

AND BE IT FURTHER ORDERED: That the adopted Fiscal Year 2009 operating budget be funded from property taxes, state aid, and non-property tax revenues when the Fiscal Year 2009 tax rate is set.



#428 – AUTHORIZE SOLICITOR TO SETTLE CLAIM

        The following Order recommended by the Solicitor was referred to the Committee of the Whole.

        ORDERED: That the City Solicitor is hereby authorized to settle a claim made by Murphy, Hesse, Toomey and Lehane, LLP in an amount not to exceed $10,775.00.



#429 -  ORDINANCE RELATIVE TO SEWER USE CHARGES

        The following Ordinance was received from the Mayor after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow the matter to come before the City Council.

        The following Ordinance, recommended by the Mayor, was adopted for first passage by a roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Furey, O’Keefe, Pelletier, Prevey, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Lovely, McCarthy, Pinto and Ryan were recorded as voting in the negative.

Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail was denied. Reconsideration was denied.


In the year two thousand and eight

An Ordinance to amend an Ordinance relative to Sewer Use Charges

Be it ordained by the City Council of the City of Salem, as follows

     Section 1.        Chapter 46, Section 230(c), is hereby amended by deleting the subsection in its entirety and replacing it with the following:

        (c) The rates for sewer use charges effective August 1, 2008 shall be as follows:

        Residential, per 100 cubic feet…                $4.62

        Non residential, per 100 cubic feet…
        Up to 25,000 cubic feet per month               $7.00

        Non residential, per 100 cubic feet
        For 25,000 cubic feet and greater
        Per month                                       $8.97

        The rates for sewer use charges effective July 1, 2009 shall be as follows:

        Residential, per 100 cubic feet…                $4.85

        Non residential, per 100 cubic feet
        Up to 25,000 cubic feet per month               $7.35

        Non residential, per 100 cubic feet
        For 25,000 cubic feet and greater
        Per month                                       $9.42

        The rates for sewer use charges effective July 1, 2010 shall be as follows:

        Residential, per 100 cubic feet         $5.09

        Non residential, per 100 cubic feet
        Up to 25,000 cubic feet per month               $7.72

        Non residential, per 100 cubic feet
        For 25,000 cubic feet and greater
        Per month                                       $9.89

        The use of all water and sewer funds and SESD funds shall be excluded from all private development projects.

Section 2. This Ordinance shall take effect as provided by City Charter.




#430 -  ORDINANCE RELATIVE TO WATER USE CHARGES

        The following Ordinance was received from the Mayor after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow the matter to come before the City Council.

        The following Ordinance, recommended by the Mayor, was adopted for first passage by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Furey, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent and Veno were recorded as voting in the affirmative. Councillors Lovely and Sosnowski were recorded as voting in the negative.

        Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail was denied. Reconsideration was denied.


In the year two thousand and eight

An Ordinance to amend an Ordinance relative to Sewer Use Charges

Be it ordained by the City Council of the City of Salem, as follows

     Section 1.        Chapter 46, Section 66(b), is hereby amended by deleting  subparagraph (b) in its entirety and replacing it with the following:

“(b) The rate for all water furnished by meter measurements shall increase from $2.18 per cubic foot for residential use and $2.96 per 100 cubic foot for non-residential use as follows:

        The rate for all water furnished by meter measurements effective July 1, 2009 shall be as follows:

        (1) Residential, per 100 cubic feet             $2.27

        (2) Non residential, per 100 cubic feet $3.08

        The rate for all water furnished by meter measurements effective July 1, 2010 shall be as follows:

        (1) Residential, per 100 cubic feet             $2.36

        (2) Non residential, per 100 cubic feet $3.20”

        
 Section 2. Chapter 46, Section 66 (e) is hereby amended by deleting the subparagraph in its entirety and replacing it with the following:

        “(e) the minimum rate for metered water for each quarter shall increase from $21.80 per cubic foot to the following:

        $22.70 per 1000 cubic feet effective July 1, 2009; and
        $23.60 per 1000 cubic feet effective July 1, 2010.

The use of all water and sewer funds and SESD funds shall be excluded from all private development projects.”

        Section 3. This Ordinance shall take effect as provided by City Charter.


#431 – CONDUIT LOCATION ON FEDERAL STREET

        A hearing was ordered for July 17, 2008 on the petition of Comcast to install one conduit on Federal Street.


#432 – USE OF TURNER STREET

        A request from the House of Seven Gables for use of Turner Street on August 9, 2008 beginning at 1:00 P.M. was granted.


#433 – COMMUNICATION FROM THE DISTRIBUTOR FOR IRVING OIL

        A communication from Circle K Massachusetts LLC informing Council that they will be the distributor of gasoline for Irving Oil was received and placed on file and a copy sent to the Fire Marshall.


#434 – #437 - BLOCK PARTY

        The following requests for Block Parties were granted.


                Shore Avenue, July 4, 2008

                Hemenway Road (Osgood Park), July 4, 2008 (rain date of July 5, 2008)

                Chandler Road, August 2, 2008 (rain date of August 3, 2008)

                Foster Street, August 2, 2008 (rain date of August 16, 2008)








#438 – LICENSE APPLICATION

        The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs.


        SEAWORMS                        Michael Dukette, 79 Bridge St., CitySalem
                                

#439 - #440 – LICENSE APPLICATIONS

        The following license applications were granted.

LIMOUSINE                       SGE Car Service, addressStreet52 Harbor St., CitySalem          (1 Limo)

VEHILE FOR HIRE
(OPERATORS ONLY)        Christopher Jendraszek, 15B addressStreetFillmore Road , CitySalem
                                (for PlaceNameplaceWitch PlaceTypeCity Rickshaw)

                                John Valencia, addressStreet32 Almont St #1, CityMedford
                                Jesus Feliciano, addressStreetaddressStreet36 Robinson St. #3, placeDorchester
                                Nancy Parker, addressStreetaddress91 Francis Wyman Rd., CityBurlington
                                (for City View Trolley)


#441 -  LICENSE APPLICATION

        The following licenses application was denied.


TAXI OPERATOR           Sonia Calle, addressStreet19 Courtney Dr., CityBeverly



#442 – DRAINLAYER / CONTRACT OPERATOR LICENSE

        The following Drainlayer / Contract Operator License was granted.

                E.B. Rotondi & Sons, Inc., addressStreetStreet21 Manison St., Stoneham







#443 – DRAINLAYER BOND

        The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.

                B. Rotondi & Sons, Inc., Street21 Manison St., Stoneham




(#290) – SECOND PASSAGE – ORDINANCE AMENDING ZONING, EXTEND B-5 ZONE TO INCLUDE 129-151 LAFAYETTE STREET (ST. JOSEPH’S)

        The matter of second and final passage of an Ordinance amending Zoning to extend the B-5 zone to include 120-151 Lafayette Street , was then taken up. The Ordinance was adopted for second and final passage.


(#300A) – SECOND PASSAGE – ORDINANCE AMENDING MISCELLANEOUS PROVISIONS
        The matter of second and final passage of an Ordinance amending Ch. 24, Sec. 24-25, Sale and Possession and Display of certain Paints and Markers; Defacement of Property Prohibited, was then taken up. The Ordinance was adopted for second and final passage.




        On the motion of Councillor McCarthy the meeting adjourned at 11:20 P.M.




ATTEST:                                                 CHERYL A. LAPOINTE
                                                                CITY CLERK