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MINUTES - Regular - 4/16/2006 CITY OF SALEM 395 APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 13, 2006 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 7, 2006 at 8.28 A.M. Councillor Sargent arrived late at 7.30 P.M. Councillors Corchado and O'Keefe left early at 7.40 P.M. Council President Jean M. Pelletier presided. Councillor Prevey 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. #233 — CONDUIT LOCATION ON CROMBIE STREET A hearing was held on the Order of Massachusetts Electric Company for four (4) conduits on Crombie Street. Appearing in favor was John J. Kolakowski of Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor O'Leary moved that permit be granted. It was so voted. #234 —APPT. ELAINE HEREDEEN TO COUNCIL ON AGING The Mayor's appointment of Elaine Heredeen to serve as a member of the Council on Aging with a term to expire May 1, 2009, was confirmed by roll call vote of 9 yeas, 0 nays, 1 absent. Councillors Corchado, Furey, Lovely, O'Keefe, O'Leary, Prevey, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Sargent was recorded as absent. Councillor Prevey moved a letter and City Seal be sent to Mr. George O'Brine. It was so voted. #235 —APPT. OF CONSTABLE The Mayor's appointment of Melissa Pagliaro, 136 Ocean Avenue West, Salem to serve as a Constable for a term to expire March 24, 2007, was received and placed on file. 396 CITY OF SALEM APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL #236 —APPR. PUBLIC SERVICES —WATER GASOLINE The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Twenty-two Thousand Five Hundred Dollars ($22,500.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to the "Public Services — Water Gasoline" account in accordance with the recommendation of Her Honor the Mayor. #237-APPR. PUBLIC SERVICES — SEWER GASOLINE The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Twenty-two Thousand Five Hundred Dollars ($22,500.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to the "Public Services — Sewer Gasoline" account in accordance with the recommendation of Her Honor the Mayor. #238 — TRANSFER TO PURCHASING — ADVERTISING The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby transferred from "Purchasing — Photocopy" account to the "Purchasing —Advertising" account in accordance with the recommendation of Her Honor the Mayor. #239 — TRANSFER TO FIRE — DEFIB The following Order, recommended by the Mayor, was adopted by roll call vote of 8 yeas, 0 nays 1 present, 1 absent. Councillors Corchado, Furey, Lovely, O'Leary, Prevey, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor O'Keefe was recorded as voting present. Councillor Sargent was recorded as absent. ORDERED: That the sum of Two Thousand Dollars ($2,000.00) is hereby transferred from "Fire — Purchase of Services" account to the "Fire — Defib" account in accordance with the recommendation of Her Honor the Mayor. CITY OF SALEM 397 APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL #240 —ACCEPT M.G.L. CH. 44 SEC. 53E % REVOLVING FUND FOR SALEM WILLOWS The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the Council hereby approves the adoption of a Salem Willows Revolving Fund in accordance with Chapter 44, Section 53E '/2 M.G.L., authorizing special purpose revolving accounts. #241 —ACCEPT M.G.L. CH. 44, SEC. 55C, MUNICIPAL AFFORDABLE HOUSING TRUST FUND The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development. ORDERED: Be It Hereby Ordered by the City Council of the City of Salem, as follows: That the Provisions of M.G.L. Chapter 44, Section 55C, pertaining to the establishment of a Municipal Affordable Housing Trust Fund, are hereby accepted. #242 —AUTHORIZE MAYOR TO SUBMIT FISCAL YEAR 2007 COMMUNITY DEVELOPMENT BLOCK GRANT The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development. ORDERED: That the Council hereby approves the City of Salem's Application for Federal Assistance to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of July 1, 2006 through June 30, 2007 in the amount of$1,158,932.00, as well as $196,899.00 in HOME funds and $96,000.00 in ADDI funds through the North Shore HOME Consortium. #243 — RESOLUTION FOR ADOPTION OF THE NATIONAL MANAGEMENT SYSTEM (NIMS) The following Resolution, recommended by the Mayor was referred to the Committee on Public Health, Safety and Environment. 398 CITY OF SALEM APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL RESOLUTION: Adoption of the National Incident Management System (NIMS) as the Basis for Incident Management in the City of Salem WHEREAS: response to and recovery from major emergencies and disasters requires integrated professional management and coordination; and WHEREAS: the National Incident Management System (NIMS), has been identified by Homeland Security Presidential Directive — 5 as being the requisite incident management system for all levels of government and all political subdivisions in the United States; and WHEREAS: NIMS provides a consistent nationwide platform to enable all government, private sector and non-governmental organizations to work together during domestic incidents regardless of cause, size or complexity; and WHEREAS: the City of Salem acknowledges that emergency planning and response to incidents can best be accomplished by employing standardized terminology, standardized organizational structures, interoperable communications, consolidated action plans, unified command structures, uniform personnel qualification standards, uniform standards for planning, training and exercising, comprehensive resource management, and pre-determined facilities during emergencies or disasters; and WHEREAS: use of the Incident Command System (ICS) provides responders with a common terminology and principles for incident command and control, and is an integral part of incident management activities throughout the City of Salem; and WHEREAS: implementation of the NIMS standardized procedures for managing personnel, communications, facilities, and resources will enable the City of Salem to be eligible for state and federal funding to enhance local emergency preparedness, agency readiness, first responder safety, and incident management processes; NOW, THEREFORE, pursuant to the authority vested in me as Mayor of Salem, I, Kimberley Driscoll, hereby order and direct as follows: 1. The City of Salem hereby adopts NIMS as the common foundation for incident management, coordination and support activities. 2. All cabinets, departments, offices and agencies responsible for managing and/or supporting incident response and disaster operations shall incorporate into their planning, training and operations the NIMS as prescribed by the United States Department of Homeland Security. 3. The City of Salem hereby adopts ICS for command and control of all incident response operations. CITY OF SALEM 399 APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL All City employees are hereby directed to render such aid and assistance as is required for the implementation of the foregoing policy. #244 —APPROVAL OF PRESERVATION RESTRICTION FOR 69 BOSTON STREET The following Order, recommended by the Mayor, was adopted by roll call vote of 8 yeas, 0 nays, 2 absent. Councillor Furey, Lovely, O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Corchado and O'Keefe were recorded as absent. ORDERED: Be it hereby ordered by the City council as follows: That the attached Preservation Restriction for 69 Boston Street is approved by the City Council. #245 — PARTIAL RELEASE OF EASEMENT The following Release of Easement, recommended by the Mayor, was adopted by roll call vote of 8 yeas, 0 nays, 2 absent. Councillor Furey, Lovely, O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Corchado and O'Keefe were recorded as absent. PARTIAL RELEASE OF EASEMENT In consideration of One Dollar ($1.00) I, Kimberley L. Driscoll, duly elected Mayor of the City of Salem, Massachusetts, hereby release all right, title, and interest of the City of Salem to, a portion of an Easement referred to in Certificate of Title 77332 and further shown on Land Plan 33283E filed September 25, 1975 with Certificate of Title No. 45363 issued by the Essex County Southern Registry District of the Land Court, ("Land Court Plan"), said portion being shown on the plan attached hereto as Exhibit A, entitled "Easement Release Plan for Beverly Racquet and Fitness Club at 7 Reservoir Road, Beverly, Massachusetts" prepared by North Shore Survey Corporation and dated January 4, 2006 (Exhibit A Plan). The Easement portion to be released is shown on the Exhibit A Plan as "Detail of Easement Release for Building Encroachment" and is 400 CITY OF SALEM APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL more particularly bounded and described as follows: Westerly by City of Salem 50' Wide Water Easement seven and 43/100 (7.43) feet; and Southerly by said City of Salem 50' Wide Water Easement two and 76/100 (2.76) feet; And Northerly by land and building of Beverly Racquet and Fitness Club seven and 93/100 (7.93) feet. This release is limited to and applies only to the portion of the plan shown as "Detailed of Easement for Building Encroachment" and does not release any other portion of the "City of Salem 50' Wide Water Easement" as shown on the Land Court Plan. WITNESS my hand and seal this day of 72006. Kimberley L. Driscoll Mayor of the City of Salem #246 — DISCLOSURE OF FINANCIAL INTEREST BY MUNICIPAL EMPLOYEE THOMAS ST. PIERRE Mayor submitting a Disclosure of Financial Interest by a Municipal Employee, Thomas St. Pierre, was referred to the Committee on Ordinances, Licenses and Legal Affairs. #247 — METROPOLITAN AREA PLANNING COUNCIL (MAPQ PRE-DISASTER MITIGATION PLAN FOR THE CITY HALL ANNEX Mayor submitting changes to the Metropolitan Area Planning Council to the Pre-Disaster Mitigation Plan for the Salem City Hall Annex, was adopted. #248 —WESX TRIBUTE DAY A communication from the Mayor to extend an invitation to the City Council for a Tribute Day for WESX on Friday, April 28, 2006 at 11.00 A.M., was received and placed on file. CITY OF SALEM 401 APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL #249 — PETITION OF RESIDENTS IN OPPOSITION OF REZONING SZETELA LANE SITE Councillor Corchado introduced the following Order, which was adopted. ORDERED: That the enclosed petition in opposition to the rezoning for the Szetela Lane site be submitted for the record. #250 — ORDINANCE AMENDING TRAFFIC, SERVICE ZONE, FEDERAL STREET Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year two thousand and six An Ordinance to amend and Ordinance relative to Traffic, Chapter 42, Section 13, Service Zone Be it ordained by the City Council of the City of Salem as follows: Section 1. 10 Federal Street, westbound on the northerly side beginning 175 feet from the intersection with St. Peter Street and proceeding 52 feet in a westerly direction to the driveway at 10 Federal Street. (currently 2 metered spaces), "Service Zone" Section 2. This Ordinance shall take effect as provided by City Charter. Councillor O'Leary assumes the Chair. #251 — ORDINANCE AMENDING TRAFFIC, STOP SIGN, COTTAGE STREET Councillor Pelletier introduced the following Ordinance, which was adopted for first passage. In the year two thousand and six An Ordinance to amend and Ordinance relative to Traffic, Chapter 42, Section 49, Stop Sign Be it ordained by the City Council of the City of Salem as follows: Section 1. On Cottage Street, westbound at the intersection with Willson Road, "Stop Sign" Section 2. This Ordinance shall take effect as provided by City Charter. 402 CITY OF SALEM APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL #252 - ORDINANCE AMENDING TRAFFIC, STOP SIGN, COTTAGE STREET Councillor Pelletier introduced the following Ordinance, which was adopted for first passage. In the year two thousand and six An Ordinance to amend and Ordinance relative to Traffic, Chapter 42, Section 49, Stop Sign Be it ordained by the City Council of the City of Salem as follows: Section 1. On Cottage Street, eastbound at the intersection with Greenway Road, "Stop Sign" Section 2. This Ordinance shall take effect as provided by City Charter. Councillor Pelletier assumed the Chair. #253 — (#219 -#226) — GRANTING LICENSES Councillor Lovely 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 GUIDE Nichole Clarke, 28 Howard St., Salem Michael Vitka, 395 Essex St., Salem SECOND HAND VALUABLE Cyrx Stryr Sales, 209 Essex St., Salem Same Day Services, 2 Mason St., Salem TAG DAY Salem Little League, May 13, 2006 & June 17, 2006 S.H.S. Boys Soccer, September 10, 2006 & October 21, 2006 Knights of Columbus, October 5, 6, 7, & 8, 2006 TAXI OPERATOR Weslei DeAlmeida, 320 Lafayette St., Salem Steve Coughlin, 62 Lowell St. #4, Peabody Rosa A. Marquez, 9 Proctor St., Peabody CITY OF SALEM 403 APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL Marc Birmingham, 13 Mason St., Salem TAXI OPERATOR CONTINUED Diegoelia Pacheco, 4 Dalton Ct., Peabody Victorino Santana, 49 Harbor St., Salem Jose Perez, 86 Essex St. #104, Salem Betsy R. McNaughton, 98 Newbury St. #26A, Danvers Jose Lopez, 12 Mason St., Salem #254 — (#197) —APPR. TO SOLICITOR —JUDGEMENTS Councillor O'Leary 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 an Appropriation of$7,000.00 to "Solicitor— Judgements" has considered said matter and would recommend approval. #255 — (#196) —APPR. TO SOLICITOR — LEGAL SERVICES Councillor O'Leary 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 an Appropriation of$15,000.00 to "Solicitor— Legal Services" has considered said matter and would recommend approval. #256 — (#205) — RESOLUTION CERREJON MINES IN COLOMBIA Councillor Corchado offered the following report for the Committee on Public Health, Safety and Environment and the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Public Health, Safety and Environment and the Committee of the Whole to whom was referred the matter of an Order regarding the concerns of the Cerrejon Mines in Colombia has considered said matter and would recommend that the enclosed Resolution be presented at a later date and a copy of same be sent to our Legislators. 404 CITY OF SALEM APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL #257 — (#169) - PLANNING BOARD RECOMMENDATION FOR PROPOSED REZONING OF SZETELA LANE PARCELS A communication from Planning Board Chairman Walter Power, submitting the Board's recommendation regarding proposed zoning amendment relative to the Szetela Lane Parcels from R-2 to R-3, was referred to the Committee of the Whole. #258 -#267 — LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. SECOND HAND CLOTHING Witch City Consignment & Thrift Store, 301 Essex St., Salem SECOND HAND VALUABLE Witch City Consignment & Thrift Store, 301 Essex St., Salem TAG DAY Salem Babe Ruth Baseball, May 19, 2006 & June 9, 2006 VFW Post 152, May 25, 26, 27, 28, 2006 Disabled American Veterans, May 29, 30 & 31, 2006 Salem High School Girls Track Team, June 3 & 10, 2006 Salem Pop Warner, August 26, 2006 Salem Pop Warner, September 30, 2006 Salem Pop Warner, October 28, 2006 TAXI OPERATOR Manuel Rojas, 13 Beaudry Ter. #3, Lynn Coride Pacheco, 27 Albion St. #1, Salem Rafael Ferreans, 8 Littles Lane, Peabody Robert Burt, 67 Tremont St., Salem CITY OF SALEM 405 APRIL 13, 2006 REGULAR MEETING OF THE CITY COUNCIL 268 — BONDS The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Melissa L. Pagliaro, 136 Ocean Ave. West, Salem (#199) — SECOND PASSAGE — ORDINANCE AMENDING DOOR TO DOOR CANVASSING APPLICATION FEE The matter of second and final passage of an Ordinance amending Door to Door Canvassing Application fee, was then taken up. The Ordinance was adopted for second and final passage. (#121) — SECOND PASSAGE — ORDINANCE AMENDING ZONING, 110 BOSTON STREET (ENDICOTT SCHOOL) TO B-3 The matter of second and final passage of an Ordinance amending Zoning for the property located at 110 Boston Street (Endicott School) to B-3, was then taken up. The Ordinance was adopted for second and final passage. #203 — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, FRANKLIN STREET The matter of second and final passage of an Ordinance amending Traffic, Resident Sticker Parking, Franklin Street, was then taken up. The Ordinance was adopted for second and final passage as amended. On the motion of Councillor Sargent the meeting adjourned at 8.02 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK