A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
December 11, 2008 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on December 4, 2008 at 4:28 P.M.
Councillor Pinto was recorded as absent.
Council President Michael 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.
Councillor Lovely requested and received unanimous consent for suspension of the rules for a moment of silence for Kevin Harrington and Max Talkowsky who passed away.
Councillor O’Keefe assumed the Chair.
Councillor Sosnowski presented a resolution to Philias J. Verrett.
Councillor Sosnowski resumed the Chair.
Councillor Pelletier requested and received unanimous consent for suspension of the rules to allow Jennifer Bell of the Main Streets Program to make a presentation to the Council.
TAX RATE PUBLIC HEARING
A Public Hearing on the issue of allocating the local tax levy among the five (5) property classes for the fiscal year 2009 and the residential, open space, and small commercial exemption options.
This hearing was advertised in the Salem Evening News on November 27 & December 4, 2008.
President Sosnowski then turned the Public Hearing over to the Assessor Frank Kulik to make a presentation.
Mr. Kulik introduced the members of the Board of Assessors Damian Johnson, Donald Bates and Richard Jagolta. He also introduced the members of his staff Joseph Murphy and Paul Tierney. Also that the Mayor Driscoll and the Finance Director Mr. Viscay are present.
Mr. Kulik stated that the real estate market has ill affects relative to foreclosures. Real Estate values are trending downward. The hand out is a reflection of calendar year 2007. The value isn’t from what’s going on now. This is what the sales were for the past year. Tax bills general terms on figures from 2007 based on the sales.
Single family homes dropped 6%
Condos dropped 6%
2 family dropped 6%
3 family dropped 7%
JPI is a large income producing property. It dropped 2%
If the trend continues through this calendar year we’re seeing 7% this year. All this is a retrospective value. During calendar year 2007 there were 1 or 2 foreclosures per week. This is not a good sign and is continuing to go higher this year.
Mr. Kulik continued with a power point presentation. He stated that the Mayor recommended keeping things the same. “Minimum Residential Factor” of 1.65. He explained the terms Levy and budget calculation and the tax levy calculations.
Councillor Veno asked about what the levy limit historically was.
Mr. Viscay stated we were very close to the levy limit in 2006, now with the Dominion Agreement we are in better shape and are further away from the levy limit.
Councillor Veno asked how does that affect next years levy limit?
Mr. Viscay stated that next year it would increase your levy limit.
Mayor Driscoll stated we are recommending $222,990 to limit burden of tax payers.
Mr. Kulik showed maps where sales took place in 2007 (not foreclosures)
The breakdown pie graph on parcel mix by percentage. Condo conversion is increasing and close to the number of single family homes. Residential parcels – the average single family progression bills most bills this year will be below the average. Commercial Values – are assessed differently, it’s income producing. They’re values have been stable.
Commercial / Industrial is shrinking which is due to the loss of revenue from 8 million from the Power Plant.
CIP shift History the assessed value history has dipped.
Mr. Kulik concluded his presentation at 8:40 P.M.
Council President Sosnowski opened the discussion to the public.
Stan Poirier – 8 Cottage Street complimented on the presentation and asked if this was based on 2007.
Mr. Kulik responded that it was based on the sales in 2007. You use a whole years worth of values. He went on to explain how the values work.
Mr. Poirier asked does that mean that the present values diminish from an assessment point, does my assessment decrease?
Mr. Kulik stated that a 6% drop its averages
Mr. Poirier thanked Mr. Kulik
Mr. Kulik responded that on the City’s website Salem.com there is information on an explanation for Tax facts things you should know will be updated.
Councillor O’Keefe asked about maps of South Salem on the power point presentation and asked if the red dots were the sales of 2007?
Mr. Kulik responded yes. He went on to say that there are two sides to a tax bill the levy side and the value.
Councillor Pelletier questioned mixed use parcels, is that like a first floor business and second floor residential?
Mr. Kulik responded yes.
Councillor Prevey moved that the Hearing be closed. It was so voted.
Councillor Pelletier thanked the Mayor, Assessor and the Board of Assessors for getting us in better financial shape.
Councillor Prevey moved for suspension of the rules to go to Motions, Orders and Resolutions to set the tax rate.
#667 – APPOINTMENT OF LARISSA J. LUCAS M.D. TO THE BOARD OF HEALTH
The Mayor’s appointment of Larissa J. Lucas M.D. as a member of the Board of Health with a term to expire January 1, 2012 was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 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 absent.
Councillor Veno moved suspension of the rules to allow Dr. Lucas to speak. There were no objections.
#668 - #670 – CONSTABLES
The Mayor’s appointment & reappointment of the following to serve as Constables with terms as follows was received and placed on file.
Cecilia G. Cordero, 14 Lynch St., Salem term to expire September 18, 2009
Melvin L. Hogue, 25 Anthony Rd., Peabody term to expire December 8, 2009
Ronald F. Ledwell, 36 Vernon St., Weymouth term to expire June 10, 2009
#671 – TRANSFER FOR PAINTING OF THE SOUTH HARBOR GARAGE
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Nine Thousand Five Hundred Dollars ($9,500.00) is hereby appropriated to the “Capital Outlay Renovation and Repair” account to be expended for the painting of the South Harbor Garage for the Parking Department in accordance with the recommendation of Her Honor the Mayor.
#672 – DONATION FROM OPPORTUNITY KNOCKS
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the City Council, accept a donation of $2,000.00 from Opportunity Knocks for costs associated with road, municipal property, equipment usage and city staff services in conjunction with the filming of Opportunity Knocks September 19 – 21, 2008.
#673 – ACCEPT & EXPEND GRANT FOR RENOVATION OF FURLONG PARK
The following Order, recommended by the Mayor, was adopted.
ORDERED:
Whereas: The Furlong Park is by and far a community wide asset and the preservation and improvements to this facility are a City priority as evidenced in the most recent Open Space and Recreation Plan; and
Whereas: The Furlong Park redevelopment will greatly enhance this facility with improved infrastructure, path systems, site lighting, universal access, etc; and
Whereas: This overall cost and fiscal budget constraints prevented the City from proceeding forward with implementation as one project; and
Whereas: The project was instead viewed as a series of phases, to be implemented over time, by priority as fiscal resources were available, with the intention of securing grant funding, when and if available, to assist in this effort; and
Whereas: The Executive Office of Energy and Environmental Affairs (EOEEA) is offering reimbursable grants to cities and towns to support the preservation and restoration of urban parks through the PARC Program, Chapter 933 Acts of 1977, as amended; and
Whereas: The Furlong Park Project will cost a total of $781,000.00.
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY OF SALEM, AS FOLLOWS:
1. That the Mayor be and is hereby authorized to file and accept grants from the Executive Office of Energy and Environmental Affairs; and
2. That the Mayor be and is hereby authorized to expend from available funds an amount equal to the total project cost to be reimbursed up to a maximum amount of $500,000 by the Executive Office of Energy and Environmental Affairs.
3. That the Mayor be and is hereby authorized to take such other actions as are necessary to carry out the terms, purposes and conditions of this grant to be administered by the Department of Planning and Community Development; and
4. That this order shall take effect upon passage.
#674 – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING
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 resident sticker parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 75 of Chapter 42 Traffic Code is hereby amended as follows:
1) Delete the term “city clerk” as it appears throughout Section 75 and replace it with the term “city collector”
2) Delete the sentence and phrase “Residency shall first be determined by the current year’s official city census as compiled by the city clerk. In the event that an applicant is not listed as resident according to the current city census, the” as it appears in Section 75 Procedure of Obtaining Stickers, sub-section A, and replace it with the new phrase “A resident sticker parking permit”
3) Insert within Section 75 Procedure for Obtaining Stickers, sub-section A, the following new second paragraph:
“Eligibility of Salem State College Students Living Off Campus: A Resident Sticker Parking Permit shall be issued to a Salem State College student living off campus with proof of a residential lease and/or utility bill in the student’s name for a residence in one of the zones aforementioned and street hereinafter mentioned, College issued enrollment verification and vehicle registration, regardless of where the vehicle is registered.
4) Delete in its entirety Section 75, sub-section B, entitled How and Where to Obtain Stickers and replace it with the following new sub-section B:
“B. How and where to obtain stickers: The City Collector of the City of Salem shall be in charge of issuing stickers to residents upon verification of residence, domicile and registration. The City’s Police and Parking Department shall be responsible for enforcement of the ordinance. The Police Chief or his designee, or the City Collector, may alter the requirements for obtaining a resident sticker in limited circumstances, and upon consultation with the Ward Councillor. Renewal of Resident Sticker Parking Permits shall be on a rolling basis by zone and staggered throughout the
year, as determined by the City Collector.”
5) Amend Section 75, sub-section C, entitled Visitor Parking Permits by inserting the phrase “excluding College Student Resident Parking Permit holders as defined in sub-section A above” within the first sentence of this sub-section immediately following the words “per household”
6) Amend Section 75, sub-section D, entitled Fees by
a) deleting the fee of “$1.00” as it appears in the first sentence of this sub-section and replacing with a fee of “$10.00”
b) deleting the phrase “four years” and replacing it with the phrase “two years” as it appears in this sub-section
c) inserting the following new last paragraph of this sub-section:
“Fees for Salem State College Students Living Off Campus with non-Salem vehicle registration: The fee for each Resident Parking Sticker issued to a Salem State
College student living off campus and eligible for such a permit shall be $10.00 and shall be valid for a period of one year, provided that the owner of the vehicle continues to be domiciled within the zone indicated on the resident parking permit. In the event the owner of the
vehicle is domiciled outside the zone indicated, the resident parking permit shall be considered null and void. No Visitor Parking Permits shall be issued.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#675 – APPR. TO SEVERAL LINE ITEMS OF THE FIRE DEPARTMENT
The following Order was received after the deadline on Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Forty-Five Thousand Five Hundred Dollars ($45,500.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the following expenses in accordance with the recommendation of Her Honor the Mayor.
Fire Department 12202-5586 Fire Suppression Supplies 15,500.00
12202-5294 Fire Protection Clothing 10,000.00
12202-5318 Medical-Active 10,000.00
12202-5318R Medical-Retirees 10,000.00
Total 45,500.00
#676 – ORDINANCE AMENDING ZONING FOR PLANNED UNIT DEVELOPMENT (PUD)
The following Ordinance was received after the deadline of Tuesday noon under suspension of the rules.
The following Ordinance, recommended by the Mayor was referred to the Planning Board to schedule a joint public hearing with the City Council.
PREAMBLE:
Whereas there are a number of vacant and underutilized parcels in the BPD district;
Whereas it is in the best interest of the health, safety, and general welfare of the community to see these parcels constructively utilized;
Whereas the intent of the zoning ordinance is to encourage the most appropriate use of land throughout the city; and
Whereas the Business Park Development (BPD) District is the only business district in the City of Salem that does not allow a Planned Unit Development (PUD);
NOW, THEREFORE,
In the year two thousand and eight
An Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Article VII of the City of Salem Zoning Ordinance is hereby amended by adding the following language to Section 7-15 Planned Unit Development:
1. Add “BPD Business Park Development District” to Section (a) allowing the Planning Board to grant a special permit for PUD in a BPD in accordance with all the requirements of the Ordinance.
2. Add a new Section (c) (6) as follows:
(1) In the Business Park Development (BPD) district, residential uses and associated improvements, such as parking and landscaping, cannot exceed 50% of the land area of the parcel(s); or in the case of mixed use buildings, residential uses cannot exceed 50% of the gross square footage of the proposed development.
(2) The maximum number of stories of any building containing residential units in the BPD District is four stories.
Section 2. This Ordinance shall take effect as provided by City Charter.
#677 – P.I.L.0.T. AGREEMENT WITH DOMINION
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted.
ORDERED: The Mayor is hereby authorized to enter into a Payment in Lieu of Taxes Agreement by and between Dominion Energy Salem Harbor, LLC (“Dominion”), owner of the Salem Harbor Station generating plant, and the City of Salem for Fiscal Years 2009, 2010 and
2011 whereby Dominion shall make a payment in lieu of real and personal property taxes to the City of Salem for each Fiscal Year of the Agreement in the amount of $3,000,000 subject to the terms of the Agreement attached hereto.
#678 – CONTRIBUTION AGREEMENT WITH DOMINION
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted.
ORDERED: The Mayor is hereby authorized to enter into a Contribution Agreement by and between Dominion Energy Salem Harbor, LLC (“Dominion”), owner of the Salem Harbor Station generating plant, and the City of Salem for calendar years 2009, 2010 and 2011 whereby Dominion shall make a contribution payment to the City of Salem in the amount of $1,750,000 each year of the Agreement, subject to the terms of the Contribution Agreement attached hereto.
#679 – APPR. TO VARIOUS ACCOUNT
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of One Million, Five Hundred Thousand Dollars ($1,500,000.00) is hereby appropriated to the funds and accounts listed below to be funded by property taxes, state aid, non-property tax revenue and reserves when the FY 2009 tax rate is set in accordance with the recommendation of Her Honor the Mayor.
School Additional Appr. – FY09 500,000.00
School-SR Deficits Black Cat (73,150)-Ecc(28,150) 101,300.00
Human Resources Collective Bargaining Reserve 225,000.00
Stabilization Stabilization Appropriation 500,000.00
Veterans Veterans Benefits 85,000.00
Health Ins. Trust HIT – IBNR – MEDEX 75,000.00
Treasurer Tax Foreclosure Services 13,700.00
Total 1,500,000.00
#680 – COMMUNICATION FROM THE MAYOR REGARDING CITY’S BUDGET FOR FY09
The following Communication, received after the deadline of Tuesday noon under suspension of the rules.
The following communication from the Mayor regarding the City’s $121,000,000.00 Budget for Fiscal Year 2009 was received and filed.
December 11, 2009
Honorable Salem City Council
93 Washington Street
Salem, Massachusetts 01970
Re: Tax Certification Transmittal Letter
Ladies and Gentlemen of the Council:
As you know, earlier this year this City Council unanimously approved the City’s $121 million dollar budget for Fiscal Year 2009. During budget deliberations we discussed in detail many of the steps we have taken collectively to put together a realistic budget for Fiscal Year 2009 based on practical revenue streams, spending cutbacks and a number of cost efficiencies in areas like health insurance, solid waste collection, and shared city/school services. This evening, as part of the annual tax certification process, the Council is required to approve the proposed tax rate for residents and businesses in Salem. You will be doing so at a time of great uncertainty, as the Commonwealth and the nation struggle through a major economic recession that has spurred job losses, cut state and federal resources, and jeopardized future
funding to cities and towns. While the national economic trends are very much not within our control, I thought it would be worthwhile to review some of the local economic factors that are within our purview. I think you will agree that despite the current economic downturn, the City finds itself on much sounder financial footing than where we were just three short years ago.
As you are well aware, at the beginning of 2006 the City faced a major financial setback. Reserves had been depleted and property tax trends were at an all time high. No where was that more evident than on our municipal balance sheet. For instance, when I took office in January of 2006, the City had only $30,534 in stabilization funds and only $68,774 in the capital improvement account. This was a paltry sum, especially considering that we had little to no excess levy capacity. Contrast that with our balances today, where due to our collective work to make sound financial decisions, following your anticipated actions tonight we will have $1,376,700 in stabilization funds and $423,822 in our capital improvement account which is aimed at improving our aging infrastructure, thus lessening the potential need to tap reserves for unforeseen
capital expenditures. Furthermore, an additional $164,002 exists in a separate stabilization reserve that was implemented to provide for sick leave and vacation buyback expenses of retiring city employees.
It’s also important to note that in the years leading up to 2006, annual property tax increases to single family homeowners averaged 8.6% per year. In fact, for two consecutive years the average single family home tax bill in Salem jumped by over $350.00 each year for a combined two year increase of $743.00. Contrast that to the last three years, where the same residential tax bill has increased an average of 3.7% per year. Lastly, in looking at community comparisons, you will note that the average Salem single family tax bill is the third lowest out of eight nearby and/or similar sized cities and towns. From just about every local economic indicator, our diligence and hard work over the last three years has paid off as we are in a much stronger financial position than we were three years ago, a trait that will serve us well as we
weather this current economic downturn and the likely cuts in funding that are sure to follow.
As we set the tax rate for the current fiscal year, the recommendation is to maintain the current 1.65 CIP split tax rate. Any reduction in the CIP would further burden residential property owners,
while any increase would further burden commercial property owners, who already pay more than one and one half times the rate that residential homeowners pay. Further, many of our commercial tax payers are small, independently owned businesses which have a much harder time absorbing a large annual tax increase. However, one of the ways in which we do hope to lessen the burden on residential homeowners is by appropriating $222,990 of Free Cash, or approximately 13% of the new power plant revenues, to offset the amount to be raised by residential taxpayers (this is in addition to the appropriation of $855,267 in receipts from the Witch House, Golf Course and Harbormaster operations which we do every year). The allocation of these cash reserves will help lower the average single family home bill increase by 16% over what it would have been
without these dollars, bringing the FY 2009 average single family tax bill increase to $139 or 3.43% over last year. I believe this strikes a good balance between trying to provide relief to homeowners struggling to make ends meet this year, while still providing some reserves to help deal with likely budget challenges next year and beyond. I also want to note that this is the first year since I can recall that we will not be taxing property owners to the maximum amount allowed under the levy. We will have approximately $190,000 in excess unused levy capacity this fiscal year which is good news for taxpayers.
Finally, as we have discussed, one of the best ways for us to lower impacts to residential property owners is to encourage and promote new growth, particularly new commercial growth. For instance and as an example only, if we had available to us this year an additional $300,000 in new commercial tax revenues, the average single family home tax bill would have increased by under $100. I provide you with this information to demonstrate the importance of new revenues in meeting our collective desire to keep Salem a thriving community that delivers quality education, public safety and public works services in an affordable and efficient manner.
I am planning on attending the Council meeting this evening and the City Assessor will be making a more detailed presentation regarding the FY2009 tax certification. In the meantime, please feel free to reach out to me with any questions or concerns.
Very truly yours,
Kimberley Driscoll, Mayor
#681 – APPR. TO REDUCE GROSS AMOUNT TO BE RAISED BY TAXATION
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Eight Hundred Fifty-Five Thousand, Two Hundred and Sixty-Seven Dollars ($855,267.00) is hereby appropriated from the following “Receipts Reserved for Appropriation” accounts to reduce the gross amount to be raised by taxation when the Fiscal Year 2009 tax rate is set in accordance with the recommendation of Her Honor the Mayor.
Receipt Reserved – Witch House $175,267
R/Reserve-Golf Course-WI $500,000
Receipts Reserve-Harbormaster $180,000
Total $855,267
#682 – APPR. TO REDUCE GROSS AMOUNT TO BE RAISED BY TAXATION
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Hundred and Twenty-two Thousand, Nine Hundred and Ninety Dollars ($222,990.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to reduce the gross amount to be raised by taxation when the Fiscal Year 2009 tax rate is set in accordance with the recommendation of Her Honor the Mayor.
#683 – APPR. TO PUBLIC SERVICES – WATER POLICE DETAIL
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Thirty-Four Thousand Dollars ($34,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the following expense in accordance with the recommendation of Her Honor the Mayor.
Public Services Repair/ Renovation-Sidewalks 10,000.00
Public Services Public Works Improvements 15,000.00
Public Services Police Details 9,000.00
Total 34,000.00
#684 – APPR. FOR THE PURCHASE OF PARKING METERS
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated to the “Capital Outlay Equipment” account to be expended for the purchase of Parking Meter Canisters and Equipment for the Parking Department in accordance with the recommendation of Her Honor the Mayor.
#685 – APPR. TO PUBLIC SERVICES – WATER POLICE DETAIL
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Water Police Detail” account in accordance with the recommendation of Her Honor the Mayor.
#686 - APPR. TO PUBLIC SERVICES – POLICE DETAIL
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Three Thousand Dollars ($3,000.00) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “Public Services – Sewer Police Detail” account in accordance with the recommendation of Her Honor the Mayor.
#687 – ACCEPT DONATION FOR JULY 4TH EVENTS
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted.
ORDERED: To accept the following donation (Mayors Donation Account – 24161-4830) to sponsor this year’s July 4th event and festivities:
Demi Ann Peabody
9 Narrow Gage Lane
Hiram, ME 04041
#688 – APPR. TO INSPECTIONAL SERVICES – EMERGENCY DEMO
The following Order, received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Forty Thousand Dollars ($40,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Inspection Services – Emergency Demo/Repair” account in accordance with the recommendation of Her Honor the Mayor.
#689 – RESIDENTIAL FACTOR FOR FISCAL YEAR 2009
Councillor McCarthy introduced the following Order, which was adopted by a roll call vote of 9 yeas, 1 nays, 1 absent. Councillors , Furey, Lovely, McCarthy, Pelletier, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor O’Keefe was recorded as voting in the negative. Councillor Pinto was recorded as absent.
ORDERED: That the City of Salem adopt a Residential Factor of 86.8789% (1.65) for Fiscal Year 2009.
Councillor Prevey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#690 - OPEN SPACE EXEMPTION
Councillor Prevey introduced the following Order, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 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 absent.
ORDERED: That the City of Salem NOT adopt an Open Space Exemption for fiscal year 2009.
Councillor Prevey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#691 – RESIDENTIAL EXEMPTION
Councillor Prevey introduced the following Order, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 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 absent.
ORDERED: That the City of Salem NOT adopt a Residential Exemption for fiscal year 2009.
Councillor Prevey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#692 – SMALL COMMERCIAL EXEMPTION
Councillor Prevey introduced the following Order, which was adopted by a roll call vote of 10 yeas, 0 nays, 1 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 absent.
ORDERED: That the City of Salem NOT adopt a Small Commercial Exemption for fiscal year 2009.
Councillor Prevey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#693 – RESOLUTION FOR PHILIAS J. VERRETTE
Councillor Sosnowski introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Philias J. Verrette having served during World War II with “I” Company 119th Regiment 30th Infantry Division, on the second day of the Allied Invasion of Normandy, was wounded at the Ardennes Forest for which he received the Purple Heart, and;
WHEREAS: Philias J. Verrette after recuperation in England was flown back to his unit in Bastogne where every man was needed due to the German breakout at the Battle of the Bulge, and;
WHEREAS: Shortly after this battle Mr. Verrette was in a fire fight in Germany when he single handedly set up a light .30 machine gun and took on the enemy, and;
WHEREAS: Philias J. Verrette for his actions was put in for the Congressional Medal of Honor by his Commander. He later received the Silver Star for bravery, Bronze Star, Expeditionary, Purple Heart, five (5) Battle Stars and the Good Conduct Medal among others.
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council on behalf of the citizens of Salem we gratefully recognize the many sacrifices that had been made in a valiant effort to fight for our freedom that we as a country enjoy today.
AND BE IT FURTHER RESOLVED: That a suitable copy of this Resolution along with a City Seal be presented to Mr. Philias J. Verrette in gratitude and admiration for his commitment of spirit to uphold the ideals and strength of our great nation. And that this Resolution be made part of the record of these proceedings.
#694 – HOME RULE PETITION FOR AFFORDABLE HOUSING
Councillor O’Keefe introduced the following Order, which was adopted.
Ordered: That the Salem Council, by a roll call vote, adopt the attached Home Rule Petition for Special Legislation, and that the City Council request that Senator Frederick Berry submit the attached petition to the Great and General Court for enactment, on behalf of the City of Salem.
Further, the City Council requests that Senator Berry consider putting forward legislation that states that if rental property were built with tax payers money the rents shall stay affordable by state guidelines in perpetuity or the maximum time period allowed by law, and this agreement shall apply to successors and or assigns.
Authorizing the City of Salem to Petition the Legislature for authority to adopt protections for Governmentally Involved Housing.
WHEREAS, the City of Salem desires to adopt protections for governmentally involved housing; and
WHEREAS, the City of Salem is petitioning the General Court for passage of legislation authorizing such a change; and
WHEREAS, a majority vote of approval by the Salem City Council is required for the filing of such petition;
NOW THEREFORE, BE IT VOTED BY THE CITY COUNCIL OF THE CITY OF SALEM, as follows:
Ordered: that a petition to the General Court, accompanied by a bill for special law relating to the City of Salem, 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 precisely as follows, except for clerical or editorial changes of form only:
AN ACT TO ADOPT PROTECTIONS FOR SALEM’S GOVERNMENTALLY INVOLVED HOUSING STOCK 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 citizens in the Salem residing in governmentally involved housing, inasmuch as there is a threat that many low-income individuals and families residing in such housing, particularly those elderly and disabled persons, may be threatened with displacement as a result of prepayment of mortgage financing, loss of use 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 restrictions and subsidy contracts and such pre-payment, further exacerbating an extreme housing shortage within the City for low-income families and voters, and whereas, in approving Chapter 40P of the General Laws, the voters did not exempt
such housing from protection or regulation and, whereas it is the city’s policy to encourage owners of this governmentally involved housing to accept incentives to keep such housing affordable and avert displacement; that such emergency should be met by the City of Salem immediately; 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 40P 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), but not including the following;
(1) housing units owned or acquired by the City of Salem through tax foreclosure;
(2) housing units in a building or structure of fewer than one hundred units 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 the Salem Housing Authority under chapter 121Bf 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 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.
(6) housing units which become governmentally involved after January 1, 2002
For the purpose of this act, “formerly governmentally involved housing” is defined as housing which was governmentally involved housing as of July 1, 1996, or which becomes governmentally involved housing after July 1, 1996, 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.
The City of Salem shall by ordinance create an official body to establish as the maximum rent for the governmentally involved and formally governmentally involved housing units the rent in effect therefore on July 1, 1996, 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 is 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 which 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 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 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 income rental housing use, the right of an incorporated tenants association in such housing, the City of Salem, the Salem Housing Authority or non-profit community development corporations, to negotiate for, acquire and operate such property on substantially equivalent terms and conditions as offered or available to a bona fide 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., provided that the city shall assist owners by identifying such governmental housing resources.
(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 city may establish local preferences, priorities, and income limits for admission to governmentally involved housing or formally governmentally involved housing 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 board 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 board 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 board 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.The provisions of this act are severable, and if any of its provisions shall be held unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.
SECTION 4. involved The provisions of M.G.L. c. 40P shall not apply to any ordinance adopted under this enabling authority.
SECTION 5. This act shall take effect upon its passage.
#695 – RESOLUTION ANTI-TOLL INCREASE
Councillor Lovely introduced the following Resolution, which was adopted.
RESOLUTION:
Whereas, the Massachusetts Turnpike Authority is considering a proposal to double tolls on the Sumner and Ted Williams tunnels from $3.50 to $7.00, and
Whereas, this increase will mean that Salem and North Shore residents will pay far more to commute to their place of work or school than residents of other regions.
Whereas, residents North of Boston already pay an unfair burden to travel into the City of Boston, while residents from other regions enter Boston without having to pass through any toll roads;
Now, therefore be it RESOLVED, as follows:
That the Salem City Council is unilaterally opposed to the Massachusetts Turnpike Authority’s proposed toll increase because they single-out and inflict disproportionate harm on the residents and businesses of Salem and the North Shore region. As such, the Council would urge the Massachusetts Turnpike Authority to freeze any toll increases until a comprehensive statewide transportation plan is completed that presents a fair solution for all regions, including the option of an increase to the state gas tax.
#696 – (#647 - #655) - 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 approval.
JUNK DEALER Isaac Talkowsky & Son, 18 Phillips St., Salem
PUBLIC GUIDE Michael Metzger, 25 Shepard St., Marblehead
Richard Metzger, 25 Shepard St., Marblehead
Susan Metzger, 25 Shepard St., Marblehead
Douglas Sabin, 34 Northey St., Salem
Hannah Diozzi, 20 Pleasant St., Salem
Herb Van Dam, 361 Lafayette St., Salem
William Sano, 35 Daniels St., Salem
Allen Winecour, 161 Garland St., Everett
Nancy Sweeter, 60 Burley St., Danvers
Robert Woodward, 56 Hatherly Rd., Rockland
Lee Oestreicher, 45 Longwood Ave., Brookline
Rosemary Wolf, 128 Bridge St., Salem
Thomas Vallor, 83 Essex St., Salem
Jeffrey Horton, 16 Garfield Ave., Beverly
PUBLIC GUIDE
CONTINUED Mollie Stewart, 24 Essex St., Salem
Nichole Clarke, 28 Howard St., Salem
Mike Vitka, 1 Devereaux Ave., Salem
Michelle Carelis, 195 Lafayette St., Salem
Frances Morrow, 12 Strawberry Hill Ln., Salem
SEAWORM Manuel Carroca, 12 Union St., Peabody
Arthur Barreira, 49 Webster St., Peabody
Joe Mendonca, 22 Spring St., Peabody
SECOND HAND
CLOTHING Boston St. Children’s Resale, 124 ½ Boston St., Salem
Witch City Consignment & Thrift, 301 Essex St., Salem
SECOND HAND
VALUABLE Glass & Etc., 180 Essex St., Salem
Bernard’s Inc., 179 Essex St., Salem
Sean P. Pray., 3 Hawthorne Blvd., Salem
Gamestop And Movies Too, 440 Highland Ave., Salem
Marine Arts Galleries Inc., 135 Essex St., Salem
Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
R.A. DiFillipo Antiques, 55 Lafayette St., Salem
RJ’s Coins, 72 Wharf St., Salem
Record Exchange, 256 Washington St., Salem
Salem Coin & Jewelry, 149 North St., Salem
Salem Used Furniture & Antiques, 107 ½ Bridge St., Salem
Same Day Services, 2 Mason St., Salem
Tobie’s Jewelry, 142 Washington St., Salem
Witch City consignment & Thrift, 301 Essex St., Salem
Bewitched in Salem, 180 Essex St., Salem
TAG DAY S.H.S. Indoor Track, Dec. 14, 2008 & Jan. 24, 2009
S.H.S. Girls Lacrosse, March 28, 2009 & April 11, 2009
S.H.S. Field Hockey, Sept. 12, 2009 & Sept. 26, 2009
S.H.S. Girls Volleyball, Sept. 19, 2009 & Oct. 3, 2009
#697 – SUSPENSION OF RULE 31B FOR COMMITTEE MATTERS
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 matters in Committee has considered said matter and would recommend that rule 31 B is suspended and the enclosed matter be brought forward into 2009.
2007:
#77 Ordinance relative to Sandwich Boards
#118 Camp Naumkeag be under jurisdiction of Park Commissioner
#158 3 year lease agreement with Tinkers Island Association
#631 Limits on variances by the Zoning Board of Appeals
2008:
#63 Amend the Ordinance for Snow & Ice removal
#73 Park & Recreation Commission meet to discuss Salem Commons
#107 Relocating Resident Sticker Parking Program
#527 Ordinance for the disposal of syringes & other hazardous material
#612 Review changes to the neighborhood notification requirement for businesses
#359 Reserved parking in the South Harbor Garage
#698 - SUSPENSION OF RULE 31B FOR COMMITTEE MATTERS
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 matters in Committee has considered said matter and would recommend that rule 31B is suspended and the enclosed matter be brought forward into 2009.
#575 – SRA and Planner give update on Salem Jail, 50 St. Peter Street
#65 – Status of Szetela Lane
#291 – Comprehensive Annual Financial Report for FY07
#292 - Financial Report of Powers & Sullivan
#699 – SUSPENSION OF RULE 31B FOR COMMITTEE MATTERS
Councillor Pelletier offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred matters in Committee has considered said matter and would recommend that rule 31B is suspended and the enclosed matter be brought forward into 2009.
#333 – SATV Cable quality issues and Comcast Contract
#700 – SALEM WATER USAGE
Councillor Pelletier offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred matter of the City’s of Salem’s Water Usage has considered said matter and would recommend that the attached information supplied by the City Engineer and DPS Director be given to the full Council for their review and that the matter be reported out of Committee.
#701 – SUSPENSION OF RULE 31B FOR COMMITTEE MATTERS
Councillor Sargent offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred matters in Committee has considered said matter and would recommend that rule 31B is suspended and the enclosed matter be brought forward into 2009.
#146 – Solicitor prepare conservation easement of land on Hanson Street
#202 – Meet to discuss Buffer Zones
#234 – Discuss construction of windmills and our current zoning and/or city ordinances
#557 – Ordinances amending Traffic Ch. 42, Sec. 56 & 57 One Hour Parking & Sec. 63 Fees
#565 – Review and make changes as necessary to Zoning Ordinances relative to PUD
#702 – SUSPENSION OF RULE 31B FOR COMMITTEE MATTERS
Councillor Lovely offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred matters in Committee has considered said matter and would recommend that rule 31B is suspended and the enclosed matter be brought forward into 2009.
#62 – Request Board of Directors to give rate relief to Salem rate payers if wind turbine is erected
#528 – Meet to discuss commercial vehicles parked in residential areas
#529 - Public Safety in the South Harbor Garage
#703 – SUSPENSION OF RULE 31B FOR COMMITTEE MATTERS
Councillor O’Keefe for Councillor Sosnowski offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred matters in Committee has considered said matter and would recommend that rule 31B is suspended and the enclosed matter be brought forward into 2009.
#291 – Comprehensive Annual Financial Report of FY07
#292 – Financial Reports from Powers & Sullivan
#465 – Lease extension for the Transfer Station with Northside Carting
#471 – Meet to discuss setting rules & guidelines to regulate additional liquor licenses obtained with a Home Rule Petition
#518 – Home Rule petition to name Bridge Street bypass road “North River Greenway”
#596 – Authorize Mayor to execute a lease agreement for the Transfer Station on Swampscott Rd.
#639A- Model Ordinance for increasing fines & penalties for abandoned properties
#704 – PLANNING BOARD RECOMMENDATION FOR WIND ENERGY FACILITIES
A communication from Charles Puleo, Chairman of the Planning Board regarding the Planning Board’s recommendation for the proposed Zoning Ordinance for Land-based Wind Energy Facilities was received.
Councillor O’Keefe moved that the matter was referred to the Committee on Administration and Finance and that rule 31B be suspended so that the matter will be carried forward into the New Year. It was so voted.
#705 – ORDINANCE AMENDING MOORING FEES
A communication from City Solicitor Elizabeth Rennard, submitting an Ordinance amendment to Chapter 10, Section 10-24 relative to mooring fees was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#706 – PETITION FROM JADE HOUSE FOR EXTENDED HOURS OF OPERATION
A petition from the owner of Jade House Restaurant located at 331 Lafayette Street for extended hours of operation. A public hearing was ordered for January 8, 2009
#707 - #711 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Amanda Prouty, 300 Essex St., Salem
SEAWORMS Jose Machado, 3 Emmett St., Peabody
Analiano Silva, 25 Driscoll St., Peabody
Manuel N. Silva, 80 Northend St., Peabody
Manuel P. Silva, 52 Paleologos St., Peabody
SECOND HAND
VALUABLE Treasures Over Time, 139 Washington St., Salem
TAG DAY Salem High School Gymnasium, January 10, 2009
VEHICLE FOR
HIRE Friendship Carriage Tours, 13 Crombie St., Salem
#712 – TAXI OPERATOR LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATOR Carlos Pacheco, 29 Albion St., Salem
Gerald Feldman, 116 Lafayette St., Salem
Larry E. Davis, 12 Grafton St., Salem
Ramon I. Espinal, 12 Mt. Vernon St., Salem
Javier Guillermo, 78 Rainbow Terr., Salem
Felix M. Hernandez, 122 Foster St., #3, Peabody
Jaime Lopez, 34 Hanover St., #6, Lynn
Paul R. Moore, 14 Foster St., Peabody
Rafael Moya, 17 Ward St., Salem
Rudy Rosario, 14 Mason St., Salem
Dennis Soper Jr., 38 Grant St., #2, Beverly
#713 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator license applications were granted.
Atlantic Paving, 101R Foster St., Peabody
Caruso & McGovern Construction, Inc., 1 Industrial Way, Georgetown
DeIulis Bros. Construction, 31 Collins St. Terr., Lynn
DiBiasi Corp., 740 Lowell St., Lynnfield
Geologic Earth Exploration, 7 Sherwood Dr., Norfolk
J.J. O’Brien & Sons, 5 Fern St., Waltham
James W. Flett Co., 800 Pleasant St., Belmont
Linsky Construction, 47 Jefferson Ave., Salem
Manter Co., 20 Popes Lane, Danvers
McLaughlin Construction, 72R Central St., Peabody
N. Granese & Sons Inc., 18 Yorkshire Rd., Marblehead
Pumel Enterprise, 37 Baker Dr., Danvers
RB Strong Excavating, 122 Western Ave., Gloucester
Ralph Surianello Inc., 49 Silva Lane, Dracut
Spencer Contracting, 350 Main St., Boxford
TDS Inc., 2 Peter Dr., Sterling
Thomas Mackey & Sons, 7 Rainbow Terr., Danvers
Village Construction, 190 Pleasant St., Marblehead
#714 - #718 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Joseph Chouinard, 45 St. Peter Street #308, Salem
Stephen Costa, 51 Lafayette St., #411, Salem
Cidelca Jack, 2 Pickman St. #1, Salem
Patricia Rocker, 3 Columbus Sq. #2, Salem
SUBROGATED Attorney Neal Sahagian (for Catherine Sanborn), 210 Broadway, Suite 104,
Lynnfield
#719 - #721 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Cecilia G. Cordero, 14 Lynch St., Salem
Melvin Hogue, 25 Anthony Rd., Peabody
Ronald F. Ledwell, 36 Vernon St., Weymouth
(#642B) – SECOND PASSAGE – ORDINANCE AMENDING PEDICABS
The matter of second and final passage of an Ordinance amending Pedicabs Chapter 44, Article III, was then taken up. The Ordinance was adopted for second and final passage.
(#642A) – SECOND PASSAGE – ORDINANCE AMENDING PEDICABS
The matter of second and final passage of an Ordinance amending Chapter 42, Section 42-2 by deleting the word pedicabs, was then taken up. The Ordinance was adopted for second and final passage.
(#632) – SECOND PASSAGE – ORDINANCE – TRAFFIC TOW ZONE, NORTH STREET
The matter of second and final passage of an Ordinance relative to Traffic Tow Zone, North Street, was then taken up. The Ordinance was adopted for second and final passage.
(#633) – SECOND PASSAGE – ORDINANCE – TRAFFIC, REPEAL HANDICAP PARKING HATHORNE STREET
The matter of second and final passage of an Ordinance relative to Traffic Repeal Handicap Parking #46 Hathorne Street, was then taken up. The Ordinance was adopted for second and final passage.
Councillor Lovely made remark as to the donation of poinsettias to the Council on Aging from Northside Carting.
On the motion of Councillor O’Keefe the meeting adjourned at 11:35 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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