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MINUTES - Regular - 9/27/2007 254 CITY OF SALEM SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 27, 2007 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 20, 2007 at 5.21 P.M. All Councillors were present Council President Matthew Veno presided. Councillor Blair 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. #617 — EXECUTIVE SESSION — LITIGATION TRASH FEE Councillor Pelletier moved to take out of order, under Communications from City Officials, the request of Attorney Elizabeth Rennard, City Solicitor, to hold an Executive Session to discuss pending litigation regarding the trash fee. Councillor Pelletier moved that the City Council adjourn to the City Council anteroom to hold the Executive Session, and at the end of the Executive Session the regular meeting will continue. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. See end of meeting for minutes of Executive Session. Following the Executive Session, Councillor Pelletier moved that the regular meeting be continued. It was so voted. #618 — POLE LOCATION ON LINCOLN ROAD A hearing was held on the Order of National Grid to install one solely owned pole on Lincoln Road. Appearing in favor was John Jankowski of National Grid and Attorney George Atkins representing Salem State College, he stated the pole was necessary to supply the ball field with auxiliary service not lighting. Appearing opposed was Bob Frazier of 452 Lafayette Street who was told there was no Lincoln Road and could not get services including plowing. CITY OF SALEM 255 SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Keefe moved that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs and be reported out at the next meeting of October 11, 2007. It was so voted. #619 — CONDUIT ON HIGHLAND AVENUE AND TRADER'S WAY A hearing was held on the Order of Comcast to install a conduit on Highland Avenue and Trader's Way. Appearing in favor was David Flewelling of Comcast. Councillor Pelletier moved to have the City Engineer review plans with Comcast before approving the request and leave the hearing open until the next meeting of October 11, 2007 after receiving the approval of the City Engineer. It was so voted. #620 — REAPPT. OF HANNAH DIOZZI TO HISTORIC DISTRICT COMMISSION The Mayor's reappointment of Hannah Diozzi to serve as a member of the Historic District Commission with a term to expire September 1, 2010, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. #621 - TRANSFER TO PUBLIC PROPERTY— BUILDING INSPECTIONS PART TIME SALARY 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-Three Thousand, Three Hundred and Thirty-seven Dollars ($23,337.00) is hereby transferred from the "Health — Part Time Salaries" account, to "Public Property— Building Inspections Part Time Salary" account in accordance with the recommendation of Her Honor the Mayor. #622 —APPR. TO HARBOR MASTER —VEHICLE REPAIR The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Thousand Dollars ($1,000.00) is hereby appropriated from the "Receipts Reserved - Harbormaster" account, to "Harbormaster— Vehicle Repair" account in accordance with the recommendation of Her Honor the Mayor. 256 CITY OF SALEM SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL #623 — TRANSFER TO PUBLIC PROPERTY— BUILDING INSPECTIONS EXPENSES - SEALER The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of One Thousand Dollars ($1,000.00) is hereby transferred from the "Health Dept. Expenses - Sealer" account, to "Public Property — Building Inspections Expenses - Sealer" account in accordance with the recommendation of Her Honor the Mayor. #624 — SIX MONTH EXTENSION OF LEASE AGREEMENT WITH NORTHSIDE CARTING, INC. The following Order, recommended by the Mayor, was referred to the Committee on Government Services co-posted with the Committee of the Whole. It was so voted. Councillor O'Leary moved immediate reconsideration in the hopes it would not prevail. It was reconsidered. Councillor Lovely moved for a Public Hearing of the Committee on Ordinances, Licenses and Legal Affairs and report the matter out by October 25, 2007 meeting. It was so voted. Councillor Prevey moved to invite DEP. It was so voted Councillor Lovely moved to also invite the City Solicitor, Planning Dept., Norhtside Carting, and LSP. It was so voted. ORDERED: That the Mayor is hereby authorized to execute an additional six-month extension to the Lease Agreement between the City of Salem and Northside Carting Inc. for the use of the City's Solid Waste Transfer Station. The lease, as extended by the City Council on February 22, 2007, expired on August 31, 2007. The new lease extension would be through February 28, 2008. #625 — PROPERTY AT 12 SWAMPSCOTT ROAD (TRANSFER STATION) BE DECLARED SURPLUS The following Order, recommended by the Mayor, was referred to the Committee on Government Services and co-posted with the Committee of the Whole. The motion was recinded by Councillor Pelletier. CITY OF SALEM 257 SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL Councillor Lovely moved that there be a public hearing of the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole and report the matter out by October 25, 2007 City Council meeting. It was so voted. ORDERED: That the City Council accept the recommendation of the City Planner and Director of Public Property to declare the City owned parcel at 12 Swampscott Road, Assessor's Map 7, Parcel 68, surplus property. #626 — FRIENDS OF SALEM PARKS Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Salem City Council go on record endorsing the formation of an organization known as the "Friends of Salem Parks". #627 — ORDINANCE TRAFFIC, STOP SIGN, BUTLER STREET Councillor O'Leary introduced the following 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 49, "Obedience to isolated Stop Signs" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Butler Street, at the intersection with Rawlins Street both directions, "Stop Sign" Section 2. This Ordinance shall take effect as provided by City Charter. #628 — NORTH STREET REDEVELOPMENT PROJECT Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet to discuss the current progress of the North Street Redevelopment Project. That the City Engineer, Director of Public Services, Representatives of Mass. Highway, Representatives of Belli Construction and impacted and interested neighbors be invited. 258 CITY OF SALEM SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL #629 — MONTHLY FINANCIAL REPORT Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated August 31, 2007 be received and placed on file. #630 —YEAR TO DATE BUDGET REPORT Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report dated August 31, 2007 be received and placed on file. #631 — LIMITS ON VARIANCES BY THE ZONING BOARD OF APPEALS Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss placing limits on variances above the allowed amount of density that the Zoning Board of Appeals can approve and that a maximum percentage be established. Also that the following be invited the Zoning Board of Appeals, Planning Board, City Planner and the Mayor or her representative. #632 — PROTOCOL FOR THE FORCED REMOVAL OF A BOARD OR COMMISSION MEMBER Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee of the Whole meet to discuss the protocol regarding the forced removal of a member of a Board or Commission. And that the following be invited: Mayor or her representative, the Council on Aging Board and the Park and Recreation Commission. CITY OF SALEM 259 SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL #633 — ORDINANCE TRAFFIC, TOW ZONE, CLARK STREET Councillor Pelletier introduced the following 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 Towing Zones" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Clark Street, northeasterly side, from the intersection of Highland Avenue for a distance of 155 feet, "No Parking, Tow Zone" Section 2. This ordinance shall take effect as provided by City Charter. #634 — LETTER FROM SALEM COMMON NEIGHBORHOOD ASSOCIATION Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the letter dated September 25, 2007 from the Salem Common Neighborhood Association be referred to the Committee of the Whole for discussion. #635 — ORDINANCE TRAFFIC, TOW ZONE, LAFAYETTE STREET Councillor Veno introduced the following 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 Towing Zones" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Lafayette Street, in front of#211 to prohibit parking at the crosswalk including the separator island at the pull-out area in front of the Saltonstall School, "No Parking, Tow Zone" Section 2. This ordinance shall take effect as provided by City Charter. 260 CITY OF SALEM SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL #636 — PRESENTATION OF GLOBAL CLIMATE CHANGE Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety and Environment, co-posted with the Committee of the Whole, meet with Jeff Barz-Snell from the Salem Alliance for the Environment to hear a presentation on global climate change. #637 — (#593 -#601) - 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. LIMOUSINE Briana Transportation, 17 Ward St., Salem TAG DAY S.H.S. Cross Country, November 24, 2007 S.H.S. Marching Band, December 1, 2007 S.H.S. Indoor Track Team, December 8t" & 15t" 2007 TAXI OPERATOR Antonio Fernandez, 230 Jefferson Ave. #1, Salem Robert P. Dylengoski, 14 Jordan St., Beverly Cirilo Brache, 57 Harbor St., #32, Salem Samantha Ward, 37 Smith St., Marblehead Kevin Stiefel, 41 Rainbow Terr., Salem Paul Moore, 14 foster St., Peabody Juan Rodriguez, 43 Prince St. #1, Salem Peter Lang, 322 Old Pillings Pond Rd., Lynnfield VEHICLE FOR HIRE Witch City Rickshaw, 63 Jefferson Ave. Salem (2 pedicabs) Corey Girard, 20 Intervale Rd., Salem Stephanie Doiron, 3 Fairmount St., Salem VEHICLE FOR HIRE City View Trolley, 35 Eldon St., Boston (OPERATORS ONLY) Employees: David Boutros, 80 S. Riverview St., Bradford CITY OF SALEM 261 SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL VEHICLE FOR HIRE Salem Pedicab, 7 N. Pine St., Salem (OPERATORS ONLY) Employee: Dennis S. Dulong, Jr., 45 Felt St., Salem The Salem Trolley, 8 Central St., Salem Employees: Christine Lavoie, 282 Highland Ave., Salem Frank Amato, 6 Canterbury Dr., Peabody #638 — ORDINANCE RELATIVE TO SOLID WASTE Councillor Sargent recused himself and left the Chamber. The following Ordinance was submitted by City Solicitor Elizabeth Rennard. In the year two thousand and seven An ordinance to amend an ordinance relative to Solid Waste Be it ordained by the City Council of the City of Salem, as follows: Section 1. For the purpose of clarification and maintaining a solid waste collection fee until such time as Chapter 36 is either amended or repealed, Chapter 36, Solid Waste Management shall be amended by deleting in it's entirety Section 36-9 entitled "Ordinance to be returned to City Council" Section 2. This ordinance shall take effect as provided by City Charter. Councillor Lovely amended Chapter 36, "Solid Waste Management" by deleting in it's entirety Section 36-9 entitled "Ordinance to be returned to City Council" and replacing with the following: Section 36-9 "Repeal" Chapter 36 Section 1 through 9 shall remain in effect until June 30, 2008 when Section 1 through 9 of Chapter 36 shall be repealed. The amendment was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sosnowski, Prevey, Pelletier, O'Leary, Lovely, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillors O'Keefe and Furey were recorded as voting in the negative. Councillor Sargent was recorded as absent. Councillor Blair moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. (Councillor O'Keefe was recorded as in favor) Councillor O'Leary moved for a 2 minute recess. It was so voted. 262 CITY OF SALEM SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL Councillor Lovely moved to adopt the ordinance as amended for first passage and to refer it to the Committee on Administration and Finance and co-post with the Committee of the Whole and the matter to be reported out at the next City Council meeting, was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Sosnowski, Prevey, Pelletier, O'Leary, Lovely, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillors O'Keefe and Furey were recorded as voting in the negative. Councillor Sargent was recorded as absent. Councillor Pelletier moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The following Ordinance was adopted for first passage and referred to the Committee on Administration and Finance: In the year two thousand and seven An ordinance to amend an ordinance relative to Solid Waste Be it ordained by the City Council of the City of Salem, as follows: Section 1. For the purpose of clarification and maintaining a solid waste collection fee until such time as Chapter 36 is either repealed, Chapter 36, Solid Waste Management shall be amended by deleting in it's entirety Section 36-9 entitled "Ordinance to be returned to City Council" and insert in place with the following: Section 36-9 "Repeal" Chapter 36, Section 1 through 9 shall remain in effect until June 30, 2008 when Sections 1 through 9 of Chapter 36 shall be repealed. Section 2. This ordinance shall take effect as provided by City Charter. #639 -#641- LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. TAG DAY S.H.S. Hockey, November 25, 2007 & December 22, 2007 TAXI OPERATORS Wilfredo Badillo, 107 Bridge St., Salem VEHICLE FOR HIRE City View Trolley, 35 Eldon St., Boston (3 Trolleys) CITY OF SALEM 263 SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL #642 — 643 — CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Louis Mroz, 4 Randall Street, Salem Robert E. Wise,Jr., 181 Bedford Road, Lincoln (#571) -SECOND PASSAGE -ORDINANCE AMENDING TRAFFIC, GENERAL TOWING ZONES, BRIDGE STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 74, General Towing Zones Bridge Street and repeal Section 51 B, Bridge Street, Parking Prohibited at Certain Times on Certain Streets, was then taken up. The Ordinance was adopted for second and final passage. (#571) -SECOND PASSAGE -ORDINANCE AMENDING TRAFFIC, FOUR WAY STOP SIGN, DIBIASI STREET AT SABLE ROAD The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 49, Four Way Stop Sign on Dibiasi Street at Sable Road, was then taken up. The Ordinance was adopted for second and final passage. (#578) -SECOND PASSAGE -ORDINANCE AMENDING TRAFFIC, HANDICAP ZONE, LIMITED TIME, NORTH STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 50B, Handicap Zone, Limited Time, at 180 North Street, was then taken up. The Ordinance was adopted for second and final passage. 264 CITY OF SALEM SEPTEMBER 27, 2007 REGULAR MEETING OF THE CITY COUNCIL (#583A) -SECOND PASSAGE -ORDINANCE AMENDING CHAPTER 14, BY ADDING ARTICLE VI, THEATRICAL EXHIBITIONS, PUBLIC AMUSEMENTS, ETC. The matter of second and final passage of an Ordinance Chapter 14 by adding Article VI, Theatrical Exhibitions, Public Amusements, Etc., was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Keefe the meeting adjourned at 10.00 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK