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MINUTES - Regular - 4/26/2007 118 CITY OF SALEM APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 26, 2007 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 20, 2007 at 8.24 A.M. All Councillors were present. Council President Matthew Veno presided. Councillor Furey moved to dispense with the reading of the record of the previous meeting. It was so voted. President Veno requested that everyone please rise to recite the Pledge of Allegiance. Councillor Furey moved for suspension of rules to allow the Mayor to recognize the Salem High School Mock Trial Team. It was so voted. #282 — SALEM HIGH SCHOOL MOCK TRIAL TEAM Mayor Kimberley Driscoll presented a City Seal to the following members of the Salem High School Mock Trial Team: Amanda Buckley, Judith Ternes, Devin Jeffers, Amanda Arno, Evan Buso-Jarnis, Edward Kennan IV, Molly Gachignard, Maureen Regan, Jake Spector, Vanessa Marshall, Danielle Pegnato, Alyssa Garland-Fry, Archita Benvie, Dexter Anderson, Paul Schuesler, Drew Anderson and Ray DeLeon. Councillor Pelletier moved for suspension of rules to allow the Mayor to present Capt. Paul Tucker with the Medal of Valor. It was so voted. #283 — MEDAL OF HONOR TO CAPT. PAUL TUCKER Mayor Kimberley Driscoll, along with Chief Robert M. St. Pierre presented the Medal of Valor to Captain Paul Tucker of the Salem Police Department for his extraordinary act of bravery on the night of January 6, 2007 in saving the life of an individual who attempted to jump off the Veteran's Memorial Bridge. CITY OF SALEM 119 APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL (#256) — REVOCATION OF INFLAMMABLE LICENSES FOR 38 NORMAN STREET A hearing was held on the request by Chief David Cody of the Fire Department to revoke the inflammable license for 38 Norman Street. Appearing in favor was Albin Pszenny of Holyoke/Middle Oak, Chief David Cody of the Fire Department and Walter Cook resident of 23 Summer Street. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the revocation be granted. It was so voted. (#233) —APPT. OF SARAH MORRILL TO PLUMMER HOME FOR BOY'S BOARD OF TRUSTEES Held from the last meeting of April 12, 2007 the Mayor's appointment of Sarah Morrill to serve as a member of the Plummer Home for Boy's Board of Trustees with a term to expire April 1, 2012, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Ms. Morrill to speak. (#234) —APPT. ADIL NMILI TO THE BEAUTIFICATION COMMITTEE Held from the last meeting of April 12, 2007 the Mayor's appointment of Adil Nmili to serve as a member of the Beautification Committee for a term to expire April 1, 2010, was held until the next meeting of April 26, 2007. #284 —APPT. OF THE MAYOR TO THE RETIREMENT BOARD The Mayor's appointment of herself to serve as a member of the Retirement Board for a term to expire May 1, 2010, was adopted by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Sargent, Prevey, Pelletier, O'Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillors Sosnowski and O'Leary were recorded as voting in the negative. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Mr. Conrad to speak. Councillor O'Leary moved that a letter of thanks and a City Seal be sent to Mr. Conrad for his years of service to the retirement board. It was so voted. 120 CITY OF SALEM APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL #285 — HOME RULE PETITION FOR LIQUOR LICENSE AT 50 ST. PETER STREET The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs and to be co-posted with the Committee of the Whole. ORDERED: That the petition to the General Court, accompanied by a bill for certain additional liquor licenses notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws as set forth below, be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for editorial changes of form only: AN ACT authorizing the City of Salem to issue additional licenses for the sale of alcoholic beverages. Be it enacted by the Senate and House of Representatives in General Court assembled, and be the authority of the same, as follows: Section 1. Notwithstanding the provisions of section 17 of Chapter 138 of the General Laws, the licensing authority of the City of Salem may issue an annual full time license for the sale of all alcoholic beverages to be drunk on the premises under section 12 of said Chapter 138 to New Boston Ventures, LLC for a restaurant to be located at 50 St. Peter Street in Salem, Massachusetts. The license shall be subject to said Chapter 138, except Section 17, provided however, that the licensing authority shall not approve the transfer of the license to any location other than 50 St. Peter Street in Salem, Massachusetts. Section 2. This act shall take effect upon its passage. #286 — RESOLUTION HUANG CUN, CHINA AS SISTER COMMUNITY WITH SALEM Councillor Lovely introduced the following Resolution, which was adopted. RESOLUTION: WHEREAS, The City of Salem, Massachusetts, is a City with a long and proud history of maritime trade with the great Country of China; and WHEREAS, The Peabody Essex Museum is a world famous repository of historical artifacts and documents preserving the history of said maritime trade, and is located in Salem, Massachusetts; and CITY OF SALEM 121 APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL WHEREAS, Huang Cun is a rural Village in the Anhui Province of Southeastern China, and for two centuries was the ancestral home of the Huang Family; and WHEREAS, The Huang Family made their ancestral home in Yin Yu Tang, a late Quing Dynasty house, that was originally located in the Village of Huang Cun; and WHEREAS, Through a cultural exchange project with Huang Cun, the Peabody Essex Museum dismantled and moved the over 200-year old house to its museum located in Salem, Massachusetts; and WHEREAS, Salem, Massachusetts, is the proud and humble host of the Peabody Essex Museum, and now Yin Yu Tang, which welcomes hundreds of thousands of visitors through its doorway yearly. NOW THEREFORE BE IT RESOLVED, That the Salem City Council, on behalf of its residents, wishes to extend an official thank you to the Village of Huang Cun, and respectfully requests that Huang Cun become a Sister Community with the City of Salem, Massachusetts. And be it Ordered, that Jenna Lovely, as a daughter of the City of Salem, be empowered to present this Resolution to the Leaders of Huang Cun, with the Official Seal of the City of Salem, as a token of our appreciation for its cooperation with the Peabody Essex Museum, in the relocation of Yin Yu Tang, to Salem, Massachusetts, and that this Resolution be made an official record of the Salem City Council. #287 — RESOLUTION LORING TOWERS Councillor O'Keefe introduced the following Resolution, which was adopted by a 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. RESOLUTION: WHEREAS: The owner of Loring Towers Apartments is proposing to prepay its federally subsidized mortgage on the low and moderate income development, restricted to residents at or below 80% of area median income, and thereby eliminate the Rent Supplement subsidy provided to 63 low-income units; and WHEREAS: The owners of Loring Towers will convert the property to Low Income Housing Tax Credit (LIHTC) financing, ensuring that 100% of the units will be rented to 122 CITY OF SALEM APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL low and moderate income households at or below 60% of area median income and to extend the affordability of the property for no less than 30 years; and WHEREAS: Loring Towers was developed as Chapter 212A urban development project to provide affordable housing to low and moderate income residents; and WHEREAS: The proposed refinancing transaction at Loring Towers will result in large rent increases for existing tenants; and WHEREAS: Low and moderate income residents of Loring Towers may be displaced as a result of the proposed refinancing; and WHEREAS: The Loring Towers Tenant Association has worked with the City to negotiate with AIMCO to guarantee tenant protections in the refinancing plan to include a rent phase in plan for all LHITC-eligible tenants, a buy out and moving expense payment to non-LHITC tenants and a commitment from the owner to seek project based vouchers; and WHEREAS: The Loring Towers Tenant Association has proposed additional changes to the refinancing transaction that will provide additional relief to many of current residents; and WHEREAS: The Loring Towers Tenant Association reports that management and maintenance staff at the development have been engaging in harassment of Association members and supporters; THEREFORE, it is the determination of the Salem City Council that- 1. The City shall condition Chapter 121A approval of the owner's proposed changes upon the execution of a legally binding agreement guaranteeing the tenant protections outlined in letters between the City and owner dated March 19tn March 26t" and April 9t" 2007. 2. The City supports a number of the changes to the refinancing plan set forth in the letter dated April 11, 2007 from the Loring Towers Tenants Association and will encourage the owner to incorporate these changes. 3. The Owner of Loring Towers shall cease and desist from any and all harassment activity against residents. Councillor O'Keefe requested and received unanimous consent to allow Mary Dennison, Chairperson for the tenants Association and other members to speak. CITY OF SALEM 123 APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL #288 — ORDINANCE AMENDING TRAFFIC, TOW ZONE, JEFFERSON AVENUE Councillor Pelletier introduced the following Traffic Ordinance, which was adopted for first passage. In the year two thousand and seven An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74, "General Prohibition, Tow Zone" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Jefferson Avenue, westerly side, from the intersection of Bertuccio Avenue, in a northerly direction for a distance of one hundred-seventy (170) feet, "No Parking, Tow Zone, Heavy Commercial Vehicles" Section 2. This Ordinance shall take effect as provided by City Charter. #289 — SOLID WASTE ORDINANCE, TRASH FEE Councillor Lovely introduced the following Order, which was adopted. ORDERED: That Salem Code of Ordinances, Chapter 36, Section 9, Solid Waste Management to wit: Ordinance to be returned to City Council. This section to be returned to Salem City Council on or before June 1, 2007 to be revisited and for re-ratification and the matter be referred to the Committee on Administration and Finance and co-posted with the Committee of the Whole. Trash Fee. #290 — FINANCIAL REPORT Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Financial Report dated March 31, 2007, be received and placed on file. 124 CITY OF SALEM APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL #291 — TASK FORCE FOR FLOODING IN THE NORTH RIVER AREA Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the City Council form a task force with the goal of addressing the increasing issues related to the periodic flooding along the North River area. As part of this goal, the task force would seek to identify specific elements of this large problem and provide practical and potential long-term solutions. The task force would also endeavor to build greater public awareness, community and political support and identify financial sources, all in an effort to address the issue of the North River flooding. The task force would be comprised of members of affected businesses, affected residents, members of the larger Salem community possessing knowledge of flooding and environmental issues, a member of the Conservation Commission, the City Engineer, at least one member of the City Council, the Mayor or her designee. It is also ordered that this matter be referred to the Committee on Community and Economic Development and co-posted with the Committee of the Whole. #292 — (#260-273) — 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 GUIDE Chad Clayton, 1665 Commonwealth Ave., Brighton TAG DAY S.H.S. Boys Tennis, May 6, 2007 Franco-American War Veterans May 18, 2007 S.H.S. Boys Tennis, May 19, 2007 S.H.S. Track, May 20, 2007 VFW Post 1524, May 24, 25, 27 & 28, 2007 Salem Little League, June 2, 2007 & June 16, 2007 Salem Concert Band, June 9, 2007 Pop Warner, August 11, 2007, September 29, 2007 & October 20, 2007 S.H.S. Boys Soccer, September 15, 2007 & October 21, 2007 VFW Post 1524, November 9, 10. 11 & 12, 2007 CITY OF SALEM 125 APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL TAXI CAB Salem Taxi Corp., 142R Canal St., Salem (2) Community Taxi, 27R Caller St., Peabody (6) All City Cab, LLC, 82 Sanderson Ave #213, Lynn (3) LIMOUSINE Salem Taxi Corp., 142R Canal St., Salem (6) TAXI OPERATOR George Lugo, 43 Prince St., Salem Alex Perez, 67 Story Ave., Beverly Donald Bovio, Sr., 325 Cabot St., Beverly Tammy Mejia, 19 Park St., Salem Roberto Pacheco, 105 Congress St., Salem Thomas Alley, 200 North St. #17A, Danvers Carlos Pacheco, 5112 CraneBrook Way, Peabody Rafael Lugo Espaillat, 16 Hersey St., Salem VEHICLE FOR HIRE Friendship Carriage Tours, 13 Crombie St., Salem #293 — (#237) - HUD APPLICATION 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 a CDBG HUD application, has considered said matter and would recommend approval. #294 — (#243) — FINANCIAL REPORT SCHOOL DEPARTMENT 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 a Financial Report and Correspondence dated March 26, 2007 from the School Business Administration, has considered said matter and would recommend it be received and placed on file. #295 — (#701, #706) — TRAFFIC STUDIES Councillor Furey offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation. 126 CITY OF SALEM APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL The Committee on Community and Economic Development to whom was referred the matter of the Comprehensive Traffic Study and the Downtown Traffic Study, has considered said matter and would recommend that the matters remain in Committee. #296 -#302 — LICENSE APPLICATIONS The following licenses applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDE Bruce D. Bateman, 74 Forest Road, Salisbury Norah Kyle, 1665 Commonwealth Ave. #4, Brighton TAG DAY S.H.S. Girls Soccer, Sept. 1, 2007 & Sept. 16, 2007 Salem Football Team, September 8, 2007 Salem Football Team, October 27, 2007 Salem Football Team, November 3, 2007 TAXI OPERATOR Donald Luis, Jr. 103 Central St., Peabody Ike Silverhardt, 29 Broadway, Beverly David Terry, 72 Rose St., Revere Timothy Gokey, Jr., 9 Laurent Rd., Salem David McEwen, 92 Bridge St., Salem William Morgan, 176 Rantoul St., Beverly John Eliuk, 3 Bresnahan St., Peabody Domingo Perez, 12 Pope St., Salem Mauro Fernandez, 34 Prince St., Salem #303 — DRAINLAYER / CONTRACT OPERATOR The following Drainlayer/Contract Operator license was granted. Linskey Construction, 47 Jefferson Ave., Salem CITY OF SALEM 127 APRIL 26, 2007 REGULAR MEETING OF THE CITY COUNCIL #304 — BOND The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER Linskey Construction, 47 Jefferson Ave., Salem (#244) -SECOND PASSAGE — ORDINANCE TRAFFIC, SERVICE ZONES, WASHINGTON AT ESSEX STREET The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec.13, Service Zones, Washington Street at Essex Street, was then taken up. The Ordinance was adopted for second and final passage. (#245) -SECOND PASSAGE — ORDINANCE TRAFFIC, HANDICAPPED PARKING, LIMITED TIME , CUSHING STREET The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec.50B, Handicap Zone, Cushing Street, was then taken up. The Ordinance was adopted for second and final passage (#246) -SECOND PASSAGE — ORDINANCE TRAFFIC, HANDICAPPED PARKING, LIMITED TIME, WARD STREET The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec.50B, Handicap Parking Zone, Ward Street, was then taken up. The Ordinance was adopted for second and final passage On the motion of Councillor O'Keefe the meeting adjourned at 9.20 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK