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MINUTES - Regular - 6/26/2008 CITY OF SALEM 459 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 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. #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. 460 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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 Mayor'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 Mayor'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 Mayor'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. CITY OF SALEM 461 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #409 —ACCEPT M.G.L. , CH. 44, SEC. 53E % 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 '/2 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. Project related to City beautification initiative and special and community events. Traffic Island Beautification Program, Beautification Committee, Fee charged for traffic and Downtown&City-wide Island Sponsorships, projects including special events revenue, purchasing,signage,labor and event and and equipment associated beautification effort Engineer and Engineering Traffic Island 2439 with seasonal decorations. sponsors. Mayor $ 20,000.00 Provide for City purchase of environmental items such as recycling bins, recycling toters, rain Fee charged for barrels,composters,water recycling bins, recycling conservation devices, toters,rain barrels, Environmental recycling calendar,and composters,water Engineer and Engineering Fund New educational material. conservation devices. Mayor $ 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. 462 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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. CITY OF SALEM 463 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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 eighh 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. 464 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 1, 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 CITY OF SALEM 465 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 466 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 CITY OF SALEM 467 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 PI., Marblehead Frances Kneeland, 1 Cordis St., Boston Raul Consund, 267 Weston Rd., Wellesley 468 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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. CITY OF SALEM 469 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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. 470 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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 Mayor shall be as follows- Mayor 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 CITY OF SALEM 471 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #427.3 — CITY CLERK ORDERED: That the Annual Appropriations under the authority of the City Clerk shall be as fol lows: 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 fol lows: Assessing Personnel $241,800.00 Non Personnel Expenses $31,000.00 Total $272,800.00 472 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #427.6 — COLLECTOR ORDERED: That the Annual Appropriations under the authority of the Collector shall be as fol lows: 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 CITY OF SALEM 473 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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 fol lows: Treasurer Personnel $143,226.00 Non Personnel Expenses $58,050.00 Total $201,276.00 Debt Service $6,925,496.00 Short Term Debt. $137,200.00 474 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 fol lows: 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 CITY OF SALEM 475 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 fol lows: 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: 476 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 CITY OF SALEM 477 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 $83,000.00 478 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 CITY OF SALEM 479 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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 fol lows: 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 480 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL Personnel $74,066.00 Non Personnel Expenses $63,280.00 Total $137,346.00 Winter Island 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. CITY OF SALEM 481 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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 $528,123.00 482 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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 fol lows: Trash Enterprise Personnel $71,580.00 Non Personnel Expenses $2,529,200.00 Total $2,600,780.00 CITY OF SALEM 483 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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 Mayor in the amount of$119,065,723.00, is hereby adopted in the amount of s119,065,723.00. 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. 484 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL 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. CITY OF SALEM 485 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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 486 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL $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) CITY OF SALEM 487 J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #438 — LICENSE APPLICATION The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs. SEAWORMS Michael Dukette, 79 Bridge St., Salem #439 -#440 — LICENSE APPLICATIONS The following license applications were granted. LIMOUSINE SGE Car Service, 52 Harbor St., Salem (1 Limo) VEHILE FOR HIRE (OPERATORS ONLY) Christopher Jendraszek, 15B Fillmore Road , Salem (for Witch City Rickshaw) John Valencia, 32 Almont St #1, Medford Jesus Feliciano, 36 Robinson St. #3, Dorchester Nancy Parker, 91 Francis Wyman Rd., Burlington (for City View Trolley) #441 - LICENSE APPLICATION The following licenses application was denied. TAXI OPERATOR Sonia Calle, 19 Courtney Dr., Beverly #442 — DRAINLAYER / CONTRACT OPERATOR LICENSE The following Drainlayer/ Contract Operator License was granted. E.B. Rotondi & Sons, Inc., 21 Manison St., Stoneham 488 CITY OF SALEM J U N E 26, 2008 REGULAR MEETING OF THE CITY COUNCIL #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., 21 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