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MINUTES - Regular - 3/9/2006 362 CITY OF SALEM MARCH 9, 2006 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 9, 2006 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 2, 2006 at 6.10 P.M. Councillor Furey arrived at 7.05 P.M. and Corchado left early at 7.45 P.M. Council President Jean M. Pelletier presided. Councillor Lovely moved to dispense with the reading of the record of the previous meeting. It was so voted. President Pelletier requested that everyone please rise to recite the Pledge of Allegiance. (#150) — HELD OVER AN APPR. TO CEMETERY OVERTIME The following Order recommended by the Mayor that was held over from the last meeting was adopted under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. ORDERED: That the sum of One Thousand Five Hundred Dollars ($1,500.00) is hereby appropriated from the "Trust Fund — Perpetual Care Interest Income" account to "Cemetery — Overtime" account in accordance with the recommendation of Her Honor the Mayor. #169 — ORDINANCE AMENDING ZONING FOR SZETELA LANE SITE The following Ordinance recommended by the Mayor was referred to the Planning Board to schedule a Joint Public Hearing with City Council. In the year two thousand and six An Ordinance to amend an Ordinance relative to Zoning Be it ordained by the City Council of the City of Salem, as follows: Section 1. That the current zoning of the Szetela Lane Parcels located at 4 Szetela Lane (Map 41, Lot 243), 1 Rear Fort Avenue (Map 41, Lot 244), 1 Fort Avenue (Map 41, Lot 235), 3 Fort Avenue (Map 41, Lot 236), and 20 Webb Street (Map 41, Lot 245) be amended from R-2 to R-3 in accordance with the current parcel boundary lines. CITY OF SALEM 363 MARCH 9, 2006 REGULAR MEETING OF THE CITY COUNCIL #170 —ACCEPT DONATION FOR MAYOR'S PORTRAIT The following Order recommended by the Mayor was adopted. ORDER: That the City of Salem accepts the following gifts for the purpose of acquiring one portrait of former Mayor Stanley J. Usovicz, Jr. at a cost of$926.50 and providing the balance of the donated funds, $373.50, to former Mayor Usovicz for the purchase of a second portrait for his personal use. Name Amount of Donation Blake Anderson $100.00 Goldberg Brothers Real Estate $100.00 Richard Jagolta $50.00 Pamela Jendrysk $50.00 Herbert Levine $100.00 Darleen Melis $100.00 Betsy Merry $200.00 Passage to India Restaurant $200.00 Victoria Sirianni $50.00 Tinti, Quinn, Grover & Frey $75.00 Mary Usovicz $75.00 Mary Jane Welch $100.00 Edward Wilkins $100.00 Total $1,300.00 #171 — ORDINANCE AMENDING CLOSING BUILDINGS CONTAINING FIRE APPARATUS Councillor O'Keefe introduced the following Ordinance which was adopted for first passage and referred to the Committee on Ordinances, Licenses and Legal Affairs by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Bencal, Corchado, O'Keefe, O'Leary, Prevey, Sargent, Veno and Pelletier were recorded as voting in the affirmative. Councillors Furey, Lovely and Sosnowski were recorded as voting in the negative. In the year two thousand and six An Ordinance to amend an Ordinance relative to establishing departmental rules and regulations; closing buildings containing fire apparatus. Be it ordained by the City Council of the City of Salem as follows: 364 CITY OF SALEM MARCH 9, 2006 REGULAR MEETING OF THE CITY COUNCIL Section 1. Chapter 20, Section 79 be amended by adding the following- (b) No building housing fire apparatus within the city shall be closed or any manned engine company or manned ladder company placed out-of-service within the city for any length of time without the approval of the Mayor and the City Council. Section 2. This Ordinance shall take effect as provided by City Charter. #172 — STATUS OF THE LOOPING PROJECTS & OTHER WATER & SEWER PROJECTS Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the City Engineer appear before the Committee on Government Services relative to the status of the "looping" projects as well as the other water and sewer projects intended to be paid for in the twelve million dollar bond approved by the City Council #173 — IRISH FLAG BE RAISED Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Superintendent of the Park and Recreation Department raise the Irish Flag at Riley Plaza on March 16, 17, 18 & 19t", 2006 in honor of St. Patrick's Day. #174 —AMEND ZONING ORDINANCE FOR NEW DEVELOPMENT Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the City Planner consider amending the current zoning ordinance relative to any new residential development to include two parking spaces per unit regardless of the zone. And that this matter be referred to the Committee on Community and Economic Development for a meeting and the following be invited: Planner, Planning Board, Solicitor, Mayor or representative. #175 —AMEND ZONING REGARDING CURB CUTS Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the City Planner consider amending the current zoning ordinance relative to establishing curb cuts in residential areas and that there only be one curb cut per lot 12 to 14 feet wide, anything wider would require special permit by variance and never to exceed 24 feet. CITY OF SALEM 365 MARCH 9, 2006 REGULAR MEETING OF THE CITY COUNCIL And that this matter be referred to the Committee on Community and Economic Development for a meeting and the following be invited: Planner, Planning Board, Solicitor, Mayor or representative and Building Inspector. #176 —AMEND ZONING REGARDING DRIVE THROUGHS Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the City Planner consider amending the current zoning ordinance relative to drive throughs and that such drive throughs be allowed by special permit only. And that this matter be referred to the Committee on Community and Economic Development for a meeting and the following be invited: Planner, Planning Board, Solicitor, Mayor or representative and Building Inspector. #177 — ELEVATOR AT MORENCY BUILDING Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the situation with the elevator at the Morency Building at 45 St. Peter Street. And that the following be invited: Salem Housing Authority, Health Agent, representative from Fire and Police Department and State Representatives office, Mayor or representative and representatives from Delta Beckworth. #178 — FINANCIAL REPORTS Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Financial Report of January 31, 2006 the Year to Date Budget Report along with the Budget Transfer Requests be received and placed on file. #179 — GRANTING CERTAIN LICENSES Councillor Lovely offered the following report of the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. 366 CITY OF SALEM MARCH 9, 2006 REGULAR MEETING OF THE CITY COUNCIL 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 GUIDE Hannah Diozzi, 20 Pleasant St., Salem Jeffrey Horton, 16 Garfield Ave., Beverly TAG DAY S.H.S. Softball, April 22, & May 20, 2006 S.H.S. Concert & Jazz Band, May 6, 2006 TAXI OPERATOR Hipolito Ozoria, 34 Prince St., Salem #180 — (#11 -#497) - EXPENSES INCURRED FROM HAUNTED HAPPENING 2005 & UTILITY COMPANIES EXCAVATION OF STREETS Councillor Lovely offered the following report of 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 Expenses incurred from Haunted Happening 2005 and the matter of Utility Companies excavation of streets has considered said matter and would recommend the following: Council Order#11 Expenses incurred from Haunted Happenings 2005, be referred to the Committee on Administration and Finance Council Order#497 Utility Companies excavation of streets, be referred to the Committee on Government Services. #181 — DOG ORDINANCE AMENDMENTS Councillor Lovely offered the following report of the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of amending the current Dog Ordinance has considered said matter and would recommend that it remain in committee to add language relative to late fines for not licensing by July 1 and provision for collection of back license fees and fines and further amendments by Councillor Furey for further review. CITY OF SALEM 367 MARCH 9, 2006 REGULAR MEETING OF THE CITY COUNCIL #182 — PARKING BOARD'S RECOMMENDATIONS REGARDING DOWNTOWN PARKING ISSUES Councillor Sargent offered the following report of the Committee on Government Services. It was voted to accept the report and adopt the recommendation. The Committee on Government Services to whom was referred the matter Of the Parking Board's recommendation regarding downtown parking issues, has considered said matter and would recommend that the matter be referred to the Committee of the Whole. #183 — TRASH CONTRACT & PICK UP OF BARRELS Councillor Sosnowski offered the following report of 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 the matter of the Solid Waste Contract and the pick up of barrels, has considered said matter and would recommend that the memorandum submitted to the City Council by the City Engineer that memorialized the content of the two contracts be received and placed on file and that the matter remain in committee for further review. #184 — MEET WITH FORMER FINANCE DIRECTOR Councillor Sosnowski offered the following report of 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 the matter of a meeting with the former Finance Director Bruce Guy, has considered said matter and would recommend that another invitation be sent to Mr. Guy for a public meeting with the Committee. #185 — INCREASING PARKING RATES Councillor Sosnowski offered the following report of 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 the matter of increasing parking rates, has considered said matter and would recommend that the matter remain in committee. 368 CITY OF SALEM MARCH 9, 2006 REGULAR MEETING OF THE CITY COUNCIL #186 - BUDGET DEFICIT REDUCTION & REORGANIZATION PLAN Councillor Sosnowski offered the following report of 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 the matter of the Budget Deficit Reduction and Reorganization Plan, has considered said matter and would recommend that the matter remain in committee. #187 —ALLY FOUNDATION BIKE RUN A communication from The ALLY Foundation for a bike run through Salem on Saturday, September 23, 2006, was approved. #188 -#191 — LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. JUNK DEALER Collecting Dust Antiques, 18 Bridge St., Salem SECOND HAND VALUABLE Game Zone, 270 Essex St., Salem TAG DAY S.H.S. Lacrosse April 1, 2006 S.H.S. Lacrosse April 29, 2006 #192 — CLAIM The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affai rs. Joan Rogers, 8 Plymouth St., Salem CITY OF SALEM 369 MARCH 9, 2006 REGULAR MEETING OF THE CITY COUNCIL (#154) — ORDINANCE AMENDING BUILDING PERMIT APPLICATION FEE The matter of second and final passage of an Ordinance amending Building Permit Application Fee, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Keefe the meeting adjourned at 8.07 P.M.