MINUTES - Regular - 4/27/2006 408 CITY OF SALEM
APRIL 27, 2006
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
April 27, 2006 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on April 21, 2006 at 11.02 A.M.
Councillor Veno was recorded as absent.
Council President Jean M. Pelletier presided.
Councillor Sosnowski 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.
Council President Pelletier requested and received unanimous consent to suspend the rules
to allow the Mayor to speak.
Mayor updated the City Council on the Budget deficit and proposed Zoning for Szetela Lane
site.
#269 — REAPPT. CONSTABLE
The Mayor's reappointment of Cabot W. Dodge to serve as a Constable for a term to expire
June 13, 2008, was received and filed.
#270 — TRANSFER TO PUBLIC PROPERTY— RENOVATIONS & REPAIRS
The following Order, recommended by the Mayor, was referred to the Committee on
Administration and Finance under the rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby transferred from
the "Public Property — Postage" account to the "Public Property — Renovations and Repairs"
account in accordance with the recommendation of Her Honor the Mayor.
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#271 — ORDINANCE AMENDING APPOINTMENT OF INSPECTOR OF ANIMALS
The following Ordinance recommended by the Mayor, was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to Appointment of Inspector of Animals
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 8, Section 8-1 Appointment of Inspector of Animals is hereby amended
by inserting a new second sentence within this section as follows:
"The Animal Control Officer shall be a member of the Police Department under the
supervision of the Chief of Police."
Section 2. This Ordinance shall take effect as provided by City Charter.
#272 — ORDINANCE AMENDING HARBORMASTER'S APPOINTMENT, TERM, POWERS AND
DUTIES
The following Ordinance recommended by the Mayor, was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to Harbormaster's Appointment, Term,
Powers and Duties
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 10, Section 10-4 Harbormaster's Appointment, Term, Powers and
Duties, Compensation is hereby amended by inserting a new last sentence within this section as
follows-
"The Harbormaster shall be a member of the Police Department under the supervision of the
Chief of Police."
Section 2. This Ordinance shall take effect as provided by City Charter.
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#273 — ORDINANCE AMENDING CHAPTER 32, SECTION 32-1 (b)
The following Ordinance recommended by the Mayor, was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining Chapter 32, Section 32-1 (b)
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 32, Section 32-1 (b) Composition is hereby amended by deleting sub-
section (10) parking control persons in its entirety and sub-section (11) traffic maintenance persons
in its entirety and inserting in place thereof the following new sub-sections (10) and (11).
"(10) One Animal Control Officer
(11) One Harbormaster"
Section 2. This Ordinance shall take effect as provided by City Charter.
#274 — ORDINANCE AMENDING POWERS AND DUTIES GENERALLY, FINANCE DIRECTOR
The following Ordinance recommended by the Mayor, was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining Powers and Duties Generally, Finance
Director
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Section 2-494 Powers and Duties Generally is hereby amended by
deleting the last sentence of this section in its entirety and inserting in place thereof the following
new last sentence:
"The City Finance Director/Auditor shall direct the activities of the other finance-related offices
including purchasing, treasury, collections, assessing, data processing (management information
systems) and parking department."
Section 2. This Ordinance shall take effect as provided by City Charter.
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#275 — ORDINANCE AMENDING STAFF SUPPORT OF THE APPEALS BOARD
The following Ordinance recommended by the Mayor, was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining Staff Support of the Appeals Board
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2 is hereby amended by adding the following new section:
"Chapter 2, Section 2-114, Staff Support to the Appeals Board
A member of the City's Planning department, under the direction of the City Planner, shall
provide staff assistance and advice to the appeals board relative to local and state zoning laws and
regulations."
Section 2. This Ordinance shall take effect as provided by City Charter.
#276 — ORDINANCE AMENDING COUNCIL ON AGING EXECUTIVE DIRECTOR
The following Ordinance recommended by the Mayor, was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to Council on Aging Executive Director
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Section 2-836 Executive Director is hereby amended by deleting this
section in its entirety and inserting in place thereof the following new section:
"Section 2-836 Head of the Council on Aging Department
The Mayor shall bi-annually in January, subject to confirmation by the City Council, appoint
a Director of Recreation and Community Services who, among other duties, shall act as the head
of the Council on Aging department."
Section 2. This Ordinance shall take effect as provided by City Charter.
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#277 — ORDINANCE AMENDING DIRECTOR OF HEALTH AND INSPECTIONAL SERVICES
The following Ordinance recommended by the Mayor, was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to Director of Health and Inspectional
Services
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2 is hereby amended by adding the following new section:
"Chapter 2, Section 2-115. Director of Health and Inspectional Services.
(a) Appointment. The Mayor shall appoint a Director of Health and Inspectional Services to
serve for a period of two years from February 1 succeeding his or her appointment and
until a successor is appointed and qualified. The first appointment under this section
shall be July 1, 2006.
(b) Duties and Responsibilities. The Director of Health and Inspectional Services shall
oversee and coordinate the inspectional services of the department of Buildings,
Plumbing and Gas Fitting, Electrical, Health, Licensing and Weights and Measures.
These departments shall continue to function as defined by City Ordinance and
Massachusetts General Law, but for administrative purposes all department heads
functioning within each department, as amended by Ordinance, shall work with the
Director of Health and Inspectional Services to coordinate inspections, streamline the
application process and maintain a common index of inspections.
(c) The Department of Public Property shall function in accordance with the amended City
Ordinance under which the Director shall provide advice and oversight of the
construction and renovation of municipal structures, but where the general maintenance
of municipal buildings is incorporated into the Department of Public Services. In addition,
under the amended Ordinance, the Director of Public Property, as Building Inspector,
continues to enforce the City's Zoning Ordinance, but works cooperatively with a staff
planner assigned to the Zoning Board of Appeal.
Section 2. This Ordinance shall take effect as provided by City Charter.
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#278 — ORDINANCE AMENDING DEPARTMENT OF PUBLIC WORKS, ENGINEERING
SERVICES
The following Ordinance recommended by the Mayor, was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to Department of Public Works,
Engineering Services
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Article V. Department of Public Works, Division 1 through 7, Sections
2-1036 through 2-1246 are hereby amended by deleting this Article in its entirety and inserting in
place thereof a new Article V as follows:
Article V. Engineering Department
Section 2-1036. Establishment
There is created for the City and Engineering Department.
Section 2-1037. Appointment of City Engineer; term of office
The Mayor shall appoint, subject to confirmation by the City Council, a City Engineer who
shall serve as the head of the Engineering Department for a period of two years from
February 1 succeeding his appointment and until his successor is appointed and qualified.
The first appointment under this section shall be July 1, 2006.
Section 2-1038. Devotion of time to city business.
The head of the engineering department shall devote his entire time to the city business.
Section 2-1039. Compensation.
The head of the engineering department shall receive such compensation as the City
Council shall prescribe.
Section 2-1040. General Duties.
a) Unless other provision is expressly made, he shall have the supervision of all public
works of the city that properly come under the direction of a civil engineer; shall perform
all engineering services, make all examinations, and prepare all statements, plans and
specifications that any department or board may require in the discharge of its duties;
and shall, when required by the Mayor or City Council, measure all work done for the city
by contract and certify the result of such measurements.
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b) The head of the engineering department shall make all contracts for the collection and
disposition of solid waste and administer the city's recycling and conservation programs.
He shall also oversee the lease and or disposition of the city's transfer station.
c) The head of the engineering department shall serve as a representative to the Salem-
Beverly Water Board, the Ipswich River Watershed District, the South Essex Sewerage
Board and any other commission or regional board relating to the kinds of services for
which he is responsible. He shall represent the city in the preparation and monitoring of
the budgets of the Salem-Beverly Water Board and the South Essex Sewerage Board.
d) The head of the engineering department shall visit and inspect or cause to be visited and
inspected, once in each year and whenever necessary, the premises of every person
taking water, and he shall exercise constant control over the use of water and attend to
the enforcement of all regulations relating thereto.
e) The head of the engineering department shall make out the annual bill for water rates
and deliver the bill to the city treasurer/collector. He shall make out bills for all other
amount payable to the city on account of the waterworks and shall deliver the bills to the
city treasurer/collector, from time to time, as they become due. Bills for metered water
shall be rendered and due as provided by Ordinance. All the bills so delivered shall be
numbered to correspond with the number of the charge on his books.
f) A certificate of every abatement and refund shall be furnished by the head of the
engineering department to the city treasurer/collector, which certificate shall state the
account on which it is allowed and the number of the bill.
g) The head of the engineering department shall annually review the water rates and
sewage use charges and shall apprise the city council of his findings.
h) The head of the engineering department shall perform such other duties as may be
required of him from time to time by the Mayor and City Council which shall include, but
not be limited to, the management of state and grant funding for the improvement of
roads and sidewalks, and public works capital improvement projects and planning.
Sec. 2-1041. Plans
The head of the engineering department shall have charge of all plans of streets, sewers and
structures of every kind, not especially belonging to another department, and shall keep the plans
properly classified and indexed. The head of the engineering department shall keep on file in his
office any plans that are a part of the records of the city clerk and that may be deposited with him
by the clerk. He may make such rules and regulations as he may deem necessary to ensure the
safety of such plans.
Sec. 2-1042. Laying out and constructing streets; line and grade information
The head of the engineering department shall make all surveys, plans profiles, estimates and
descriptions relating to the laying out, widening, extending and grading of streets and the
establishing of correct lines for streets, as may from time to time be required of him by the Mayor or
the City Council or any committee thereof. He shall give to all applicants, free of charge, so far as
the files and records of his office will permit, any information as to the lines and grades of streets
on which their estates are situated or upon which they intend to build.
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Sections 2-1043 to 2-1065 Reserved.
Section 2. This Ordinance shall take effect as provided by City Charter.
#279 — ORDINANCE AMENDING CHAPTER 2, ARTICLE VI BY RENUMBERING THIS
SECTION AS ARTICLE VII
The following Ordinance recommended by the Mayor, was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to Chapter 2, Article VI
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Chapter 2, Article VI Department of Veterans Services is hereby amended by
renumbering this section as Article VII and inserting a new Article VI within Chapter 2 as follows:
"Article VI. Department of Public Services
DIVISION 1. GENERALLY
2-1066. Establishment; composition
There is created and established for the city a department of public services. Such department
shall consist of the following divisions and operations-
(1) Open space, which shall include cemetery, shade tree and moth suppression
(2) Streets, which in turn shall include and encompass the sewer division and solid waste
division
(3) Central motor equipment
(4) Water system maintenance, repair and improvement
(5) Public buildings maintenance
(6) Park and playground maintenance
Division 2. DIRECTOR OF PUBLIC SERVICES
Section 2-1067. Appointment of Director; term of office
The Mayor shall biannually, in the month of February and subject to confirmation by the City
Council, appoint a director of Public Services who shall serve as head of the department of public
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services. The director of public services shall serve for a period of two years from February 1
succeeding his appointment and until his successor is appointed and qualified. The first
appointment under this section shall be July 1, 2006.
Section 2-1068. Compensation.
The director of public services shall receive such compensation as the City Council shall prescribe.
Section 2-1069. Duties generally.
a) The department of public services shall be under the direction and control of the director of
public services. He shall have direction and control and shall be responsible for the divisions
and operations therein.
b) The director of public services shall, in concert with the City Engineer, direct and plan all
major public works projects and shall consult with and advise the Mayor and City Council
relative to public improvements and shall keep abreast of all relevant state and federal
legislation and funding. The director shall be co-responsible with the city planner in seeking
federal and state aid for public works projects.
c) The director of public services shall coordinate public works projects with other involved
municipal bodies and shall serve as consultant to all city officials on public works projects or
problems.
d) The director of public services shall supervise and monitor the budgets of the department of
public services. The director shall prepare and maintain operating and maintenance
programs, make operating assignments to subordinate department heads, evaluate
performance, resolve disciplinary problems, organize staffing patterns and provide technical
and administrative supervision.
e) The director of public services shall keep all burial records in accordance with state and
federal laws, supervise engineering layouts of all lot areas and maintain all sale deeds, be
responsible for the sale of vaults and burial lots and the purchase of vaults and liners.
f) The director of public services shall be responsible to the cemetery commission and perform
various duties as the cemetery commission may determine in the management of city
cemeteries.
g) The director of public services shall be responsible for the suppression on gypsy and
browntail moths and tent caterpillars.
h) The director of public services shall have and possess all powers and duties conferred and
imposed upon tree wardens by law.
i) The director of public services shall coordinate and direct the care and maintenance of open
space/recreational areas including recreational facilities such as ball fields and playgrounds,
passive recreational areas such as boulevards, walkways, the downtown and other open
space areas throughout the city.
j) The director of public services shall, with the assistance of the city's building inspector,
coordinate and direct the care and maintenance of public buildings.
Section 2-1070 — 2-1105. Reserved.
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Section 2-1106. Appointment of Assistance Director
The director of public services, subject to approval of the Mayor and City Council, may
appoint a person qualified by training and experience to be assistant director of public services.
Section 2-1107. Term
The assistant director of public services shall serve for a period of two years from February
1 succeeding his appointment and until his successor is appointed and qualified, and his term shall
be coterminous with the term of the director of public services.
Section 2-1108. Powers and duties.
Under the supervision of the director of public services, the assistant director of public
services shall have-
(1) the care and charge of the public streets and places, highways and lanes,
sidewalks and bridges of the city. He shall attend to the construction, grading,
widening and alteration of the public streets and places, highways and lanes,
sidewalks and bridges and shall cause them to be kept in good repair, so as to be
safe and convenient for travel.
(2) The care and superintendence of all property connected with the street division,
except motor equipment, and shall cause all such property to be kept in good
condition and repair;
(3) Charge of Wenham Lake; the aqueducts, lands, reservoirs; and other works,
material and property connected with the water works except so far as such are
entrusted to and under the control of the Salem and Beverly Water Supply Board
as set forth in Chapter 700, Acts of 1913;
(4) Power to make all necessary repairs, extensions or improvements on the water
works and to provide, through the purchasing agent, new supply pipes and other
necessary materials. However, no such supply pipe shall be laid or placed on
private premises at the expense of the city; and
(5) Power to restrict the use of a hand hose to such hours of the day as he may
deem necessary, whenever there is an excessive use of water or a severe
drought. Whoever violates any such restriction shall be liable to a penalty of not
more than $20.00 for each offense.
Sections 2-1109 —2-1140. Reserved.
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DIVISION 4. CENTRAL MOTOR EQUIPMENT DIVISION
Section 2-1141. Established.
The central motor equipment division is established.
Section 2-1142. Fleet manager.
(a) Appointment. The director of public services, subject to the approval of the Mayor
and City Council, shall appoint a person qualified by training and experience to serve
as fleet manager of the central motor equipment division of the department of public
services.
(b) Term. The fleet manager shall serve for a period of two years from February 1
succeeding his appointment and until his successor is appointed and qualified, and
his term shall be coterminous with the director of public services.
(c) Duties. The fleet manager shall-
(1) Plan, organize, and control the maintenance and repair functions performed by
the central motor equipment division and initiate requisitions and administer the
inventory of materials and supplies.
(2) Prepare budget information; establish criteria and schedules of costs for
evaluating vehicle replacement schedules; analyze vehicle usage, allocation and
total costs; provide exception reports for the director of public services and
recommend corrective action; maintain appropriate vehicle information systems
and ensure accurate reporting for user departments.
(3) Develop and maintain effective working relationships within the user departments.
(4) Prepare specifications for equipment in coordination with their needs.
(5) Evaluate the overall performance of the division, recommending appropriate
changes in policy or procedures to the director; develop standards of
performance for individuals and the division; evaluate effectiveness and efficiency
of individuals and the division, making the recommendation where warranted.
(6) Schedule all work and provide daily supervision to division personnel and
recommend personnel actions including transfers, corrective or disciplinary
actions, discharges, etc., to the director.
(7) Conduct staff and safety meetings; maintain effective communication and training
within and for the division.
(8) Develop and maintain a preventive maintenance program, inventory control
program, and gas monitoring and control program.
(d) Compensation. The fleet manager shall receive such compensation as the City
Council shall prescribe.
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Section 2-1143. Work performed by division.
All repair work to the city's motor equipment that can be performed efficiently by the
employees of the central motor equipment division shall be performed by the division.
Section 2-1144. Working foreperson.
A working foreperson shall be appointed in the central motor equipment division in
accordance with civil service laws, rules and regulations.
Section 2-1145 — 2-1290. Reserved.
Section II. Chapter 2 is hereby further amended by
1) re-numbering Article VII Parking Department as Article VIII Parking Department; and
2) deleting Article VIII Open Space in its entirety.
Section III. This Ordinance shall take effect as provided by City Charter.
#280 — ORDINANCE AMENDING PUBLIC PROPERTY, RESPONSIBILITIES
The following Ordinance recommended by the Mayor was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Public Property
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Article IX Public Property is hereby amended by deleting Section 2-
1571 (a) through (k) in its entirety and inserting in place therein the following:
Section 2-1571. Responsibilities relative to public property.
(a) The director shall be responsible for the general care and custody of the city hall and city
hall annex.
(b) The director shall work with the director of public services to coordinate and carry out the
care and maintenance of all other public properties.
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(c) The director shall assign an individual from the public property department to handle the
mailing system in city hall and city hall annex, with the duties to include the following:
sorting, distributing, processing and delivery of mail for all city departments: operating
the postage machine and maintaining postal expenditures of the postage machine,
pickup and delivery of mail to the post office daily. This individual shall also have the
care and custody of and shall distribute all city documents, books and papers, when
directed by the Mayor, the City Council or the President of the City Council or by the City
Clerk.
(d) The director shall have the responsibility for the City Hall partition system, excluding the
City Council Chamber and the Council subcommittee anteroom, and shall arrange and
oversee changes in the office plan and related services, including electric and telephone,
subject to the approval of the City Council.
(e) The director shall be responsible for the storage and security of all city documents,
including the assignment of space for future documents that are to be stored in the
basement vaults, maintaining a work relationship with the state's superintendent of public
records and coordinating a possible restoration and microfilming operation.
(f) The director shall see to it that city hall and annex buildings are secured from
unauthorized entry and theft. He shall see that buildings are opened and readied for the
day's operation and shall see that they are locked and secured at night.
(g) The director shall coordinate the operations of city hall and city all annex, including
shipment and entry of supplies, night and weekend use, and payment of rent and
common service bills.
(h) The director shall keep a calendar of meetings and shall coordinate the use of the
council chamber and conference areas in city hall and city hall annex in conjunction with
the city clerk's office. He shall oversee preparation of meeting areas and cleanup.
(i) The director shall supervise the operation and billing of photocopy machines and other
paper processing devices.
(j) The director shall arrange special functions such as dedications, parades and
inaugurations and arrange for the placement, raising and lowering of the flags of public
buildings.
#281 — ORDINANCE CREATION OF DEPARTMENT OF RECREATION & COMMUNITY
SERVICE
The following Ordinance recommended by the Mayor was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to the creation of the Department of
Recreation and Community Service
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Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2 is hereby amended by adding the following new division within Article III.
Officers and Employees
DIVISION 12. DEPARTMENT OF RECREATION AND COMMUNITY SERVICE
Section 2-590. Established
There is created for the City a Department of Recreation and Community Service
Section 2-591. Appointment of Director; term of office
The Mayor shall appoint, subject to confirmation by the City Council, a Director of
Recreation and Community Service who shall serve as the head of the department for a
period of two years from February 1 succeeding his appointment and until his successor is
appointed and qualified. The first appointment under this section shall be July 1, 2006.
Section 2-592. Compensation.
The head of the department shall receive such compensation as the City Council
shall prescribe.
Section 2-1040. General Duties.
a) The director shall develop, coordinate and supervise the recreational and
community service programs of the City.
b) The director shall have direct management and control of the Witch House, Winter
Island and the municipal golf course.
c) With the advice and direction of the park and recreation commission, the director
shall plan and oversee park and recreation facility renovations and improvements.
d) The director shall work with the heads of the departments of Veterans Services
and the Public Library to coordinate services to the community.
e) The director shall work with the director of public services to coordinate the
maintenance of parks, playgrounds and the recreational facilities for use by
recreation leagues and community/recreation programs.
Section 2. This Ordinance shall take effect as provided by City Charter.
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#282 ORDINANCE AMENDING PARKS AND RECREATION
The following Ordinance recommended by the Mayor was referred to the Committee of the
Whole.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Parks and Recreation
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 26 Parks and Recreation is hereby amended by
1) replacing the term "Superintendent of Parks and Recreation" with the term "Director of
Recreation and Community Service" as it appears within the Chapter; and
2) deleting in its entirety Section 26-35 (b) employment of Superintendent of Parks and
Recreation
Section 2. This Ordinance shall take effect as provided by City Charter.
#283 — LICENSE AGREEMENT FOR THE SALEM NEWS STAND
The following Order was received from the Mayor after the deadline of Tuesday Noon.
Councillor O'Leary requested and received unanimous consent to suspend the rules to allow the
matter to come before the City Council.
The following Order, recommended by the Mayor, was adopted by roll call vote of 6 yeas, 4
nays, 1 absent. Councillors Furey, Lovely, Prevey, Sargent, Sosnowski and Pelletier were recorded
as voting in the affirmative. Councillors Blair, Corchado, O'Keefe and O'Leary were recorded as
voting in the negative. Councillor Veno was recorded as absent.
Councillor Furey moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
ORDERED: Be it hereby Ordered by the City Council that the news stand located on the
Washington Street median strip at the intersection of Bridge and Washington Streets be relocated
to the municipal parking lot at Margin Street.
Be it further Ordered that the Mayor execute a License Agreement with the owner of the
news stand for the initial period of one year, with the option to renew the License for subsequent
years with the approval of the Mayor and City Council.
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#284 — COMMUNICATION FROM THE MAYOR TO ADDRESS THE CITY COUNCIL
A communication from the Mayor requesting to address the City Council regarding FY06
Budget Deficit Update and Szetela Lane Rezoning Proposal, was taken up.
#285 — FINANCIAL REPORT OF MARCH 31, 2006
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the Financial Report of March 31, 2006 be received and placed on file.
#286 — RESOLUTION CERREJON MINES IN COLOMBIA
Councillor Corchado introduced the following Resolution, which was adopted.
Salem City Council
Resolution on the Cerrejon Mine in Columbia
The following resolution was passed by the Salem City Council, Massachusetts, USA, on April 27, 2006,
and forwarded to the Colombian government and the mining companies accused of human rights violations
in La Guajira:
WHEREAS, Salem Harbor Station, located in the City of Salem, MA, consumes coal
produced in the Cerrejon Zona Norte mine in La Guajira, Colombia;
WHEREAS, since the development of the mine in 1982 the indigenous Wayuu people of La Guajira
have been displaced from their lands and had their traditional means of livelihood destroyed by loss
of land and industrial contamination;
WHEREAS, in August 2001 the Afro-Colombian village of Tabaco was bulldozed by Exxon Mobil,
then half owner of the mine, which included the destruction of many homes, the town's church and
school to make room for expansion of the mine;
WHEREAS, residents of Tabaco appealed to the Colombian Supreme Court for the relocation and
reconstruction of their town;
WHEREAS, the Colombian Supreme Court ruled in May, 2002, in favor of the villagers and their
request for relocation and reconstruction of their town, and ordered the Mayor of Hatonuevo to
oversee the reconstruction;
WHEREAS, two Colombians, Wayuu leader Remedios Fajardo and Tabaco's lawyer Armando
Perez Araujo, visited Salem in May, 2002 and in April, 2006 La Guajira resident Mr. Jose Julio Perez
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visited Salem to ask for Salem's support in expressing solidarity with and demanding justice and
relocation for the people who live in the mining zone;
WHEREAS, officials of Dominion issued a statement as follows: "Dominion is sympathetic to the
problems this village faces. We expect all of our suppliers —domestic and foreign —to adhere to all
rules and regulations governing their operations. Dominion would like to see a just resolution to
these issues."
(Daniel A. Weekly, Director, Northeast Government Affairs, Dominion Resources, Tuesday, April 18,
2006)
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Salem, that the City
Council supports the Colombia Supreme Court's decision and requests that said decision be carried
out promptly and effectively, so that the inhabitants of Tabaco can rebuild their community and lead
productive, shared lives;
BE IT FURTHER RESOLVED, that the City Council urges that any further mine expansion be
conditioned on peaceful and just negotiations that guarantee residents in the mining area basic
human rights: the right to life, the right to subsistence by one's own labor, and the right to human
dignity;
BE IT FURTHER RESOLVED, that as a community hosting a coal powered generated facility, we
condemn violations of human rights by all actors involved in Colombia's conflict, including guerrilla
groups, military, paramilitary, police, multinational corporations and foreign agents, including U.S.
defense contractors; we express our solidarity with all Colombians working for nonviolent, just,
political solutions to the conflict in Colombia; and we encourage the establishment of an ongoing
relationship with organizations in the Guajira working peacefully for the human and democratic rights
of the Wayuu indigenous people (Yanama) and the villagers of Tabaco (Comite Pro-Reubicacion de
Tabaco).
BE IT FURTHER RESOLVED, that the City Council supports the site visit of La Guajira, Columbia
and the Village of Tabaco by the Witness for Peace Delegation.
#287 — TRAFFIC MONITORING CAMERAS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Government Services Committee meet to discuss the feasibility of
traffic monitoring cameras to catch moving violations on tape.
#288 — RESOLUTION IN OPPOSITION OF DUNKIN DONUTS AT MIEIR HALL SALEM STATE
COLLEGE
Councillor Sargent introduced the following Resolution, which was adopted by roll call vote
of 7 yeas, 1 nay, 1 present, 2 absent. Councillors Blair, O'Keefe, O'Leary, Prevey, Sargent,
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Sosnowski and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded
as voting in the negative. Councillor Lovely was recorded as present due to her being a student of
the College. Councillor Veno was recorded as absent and Councillor Corchado was recorded as
absent having left the Council Chamber due to conflict.
RESOLUTION:
That the City Council go on record as opposing the application of Dunkin Donuts and Salem
State College, to build and operate a Dunkin Donuts in the lobby of the Meier Building on
Lafayette Street.
The Salem City Council also officially asks the Salem Licensing Board to deny this
application.
#289 — SPECIAL PERMIT FOR FUTURE DRIVE-THROUGHS
Councillor Sargent introduced the following Order, which was referred to the Committee on
Ordinances, Licenses and Legal Affairs. Councillor Furey was recorded as opposed.
ORDERED: That any future drive through (Drive-Thru) or Drive up Business operations that
are proposed in Salem must come before the Salem City Council for a Special Permit.
This Order will take effect after review by the City Solicitor, and will be inserted into the
proper place in our Zoning and/or Ordinance books by her.
#290 — COMMITTEE REPORT FOR ORDINANCES, LICENSES AND LEGAL AFFAIRS
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
following matters has considered said matter and would recommend that the following be reported
out with no recommendation and (Order#123) the Ordinance changes relative to dogs be sent to
the Solicitor for review.
2002
#164 Salem P.D. & Solicitor revamp & revise Noise Ordinance
2004
#317 Committee meet regarding Chief St. Pierre's letter
#570 Letter from Park & Recreation Commission
#747 Ordinance amending Mooring fees
#757 Ordinance amending Non-Criminal Fines Depositing of Refuse on Streets
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2005
#29 Senior Property Tax relief being proposed by Governor Romney
#114 Order that an Ordinance be drafted for terms of Dept. heads
#163 Forming an Open Space Commission
#170 Amend Ordinance requiring Carbon Monoxide detectors
#244 Discuss Council responsibility under Ch.43B, Sec. 12A
#288 Roadhouse Limo License application
#407 Discuss a fine for Minors with false ID's
#506 Surrey Bike Tour/Hocus Pocus Tours issues regarding tours
#756 S.R.A. appointment of Christos Christoudias to Design Review Board
#766 City accept MGL Ch. 138, Sec. 33B, Sales of Alcoholic Beverages on Sundays
2006
#202 Relocation of News Stand on Washington and Bridge Sts.
#291 — (#236) —APPR. TO PUBLIC SERVICES —WATER GASOLINE
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 and
Appropriation of$22,500.00 from Retained Earnings —Water Fund to Public Services —Water
Gasoline, has considered said matter and would recommend approval.
#292 — (#237) —APPR. TO PUBLIC SERVICES — SEWER GASOLINE
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 and
Appropriation of$22,500.00 from Retained Earnings — Sewer Fund to Public Services — Sewer
Gasoline, has considered said matter and would recommend approval.
#293 — (#238) — TRANSFER TO PURCHASING —ADVERTISING
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.
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The Committee on Administration and Finance to whom was referred the matter of a
Transfer of$4,000.00 from Purchasing - Photocopy to Purchasing -Advertising, has considered
said matter and would recommend approval.
#294 — (#240) —ACCEPT M.G.L. CHAPTER 44 REVOLVING FUND ACCOUNT, SALEM
WILLOWS
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
Acceptance of Mass. General Laws Chapter 44, Revolving Fund Account for the Salem Willows
has considered said matter and would recommend approval.
#295 — (#258 -#267) — 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 approval.
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
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#296 — CONDUIT LOCATION ON ESSEX STREET
A hearing was ordered for May 11, 2006 on the petition of National Grid for two (2) conduits
on Essex street.
#297 — JOINT POLE LOCATION ON FORT AVENUE
A hearing was ordered for May 11, 2006 on the petition of Verizon and Massachusetts
Electric Company for a jointly owned pole location on Fort Avenue.
#298 — JOINT POLE RE-LOCATION ON FORT AVENUE
A hearing was ordered for May 11, 2006 on the petition of Verizon and Massachusetts
Electric Company for a jointly owned pole re-location on Fort Avenue.
#299 — REQUEST FROM RED HERRING MORRIS FOR DANCE PERFORMANCE
Request from Jeff Bigler of Red Herring Morris Dance Tour to perform on the Essex Street
Mall on May 13, 2006 from 11.00 A.M. to 3.30 P.M. was granted.
#300 — REQUEST FROM SALEM SOUNDS FOR SUMMER CONCERT SERIES
Request from Salem Sounds to hold a Summer Concert Series in the Derby Square area on
May 13, June 10, July 8, and August 12, 2006 was granted.
#301 -#303 — LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
PUBLIC GUIDE Lester Campagna, 104 Flint St., Lynn
TAG DAY S.H.S. Field Hockey July 29 & 30, 2006, September 24,
2006, November 18 & 19, 2006
Salem Football Booster & Cheerleaders September 9 & 23,
2006, November 4, 2006
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#304 -#305 DRAINLAYER /CONTRACT OPERATOR LICENSES
The following Drainlayer/ Contract Operator Licenses applications were granted
Ciampa Construction, 36 Dewey St., Saugus
Pelletier & Milbury Corp., 129 Water St., Danvers
#306 -#307 — BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE Cabot W. Dodge, 44 Nichols St., Swampscott
DRAINLAYER Ciampa Construction, 36 Dewey St., Saugus
(#250) — SECOND PASSAGE — ODRDINANCE AMENDING TRAFFIC — SERVICE ZONE 10
FEDERAL STREET
The matter of second and final passage of an Ordinance amending Traffic, Section 13,
"Service Zone" at 10 Federal Street, was then taken up. The Ordinance was adopted for second
and final passage.
(#251) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC — STOP SIGN COTTAGE
STREET WESTBOUND
The matter of second and final passage of an Ordinance amending Traffic, Section 49,
"Isolated Stop Sign" Cottage Street, westbound, was then taken up. The Ordinance was adopted
for second and final passage.
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REGULAR MEETING OF THE CITY COUNCIL
(#252) - SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC — STOP SIGN COTTAGE
STREET EASTBOUND
The matter of second and final passage of an Ordinance amending Traffic, Section 49,
"Isolated Stop Sign" Cottage Street, eastbound, was then taken up. The Ordinance was adopted
for second and final passage.
On the motion of Councillor O'Leary the meeting adjourned at 8.10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK