A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 12, 2005 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 6, 2005 at 11:01 A.M.
Absent were Councillor Lovely and Councillor Veno
Council President Michael Bencal presided.
Councillor Sargent moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Bencal requested that everyone please rise to recite the Pledge of Allegiance.
Councillor O’Leary asked for a moment of silence in memory of Mr. Timothy Flynn.
#389 – APPT. WARREN G. SPROUL AS DIRECTOR OF FINANCE
The Mayor’s appointment of Warren G. Sproul to serve as the Director of Finance for a term to expire January 31, 2008 was confirmed by roll call vote of 6 yeas, 1 nay, 2 present, 2 absent. Councillors Sosnowski, Sargent, Pelletier, O’Keefe, Furey and Corchado were recorded in the affirmative. Councillor O’Leary was recorded in the negative. Councillors Harvey and Bencal were recorded as present and Councillors Veno and Lovely were recorded as absent.
#390 – APPT. OF ALLEN NEEDHAM TO THE PARKING BOARD
The Mayor’s appointment of Allen Needham to serve as a member of the Parking Board for a term to expire January 31, 2007 was confirmed by roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Harvey, Furey, Corchado and Bencal were recorded in the affirmative. Councillors Veno and Lovely were recorded as absent.
#391 – REAPPT. OF HAROLD BLAKE TO THE LICENSING BOARD
The Mayor’s reappointment of Harold Blake to serve as a member of the Licensing Board for a term to expire June 1, 2011 was confirmed by roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Harvey, Furey, Corchado and Bencal were recorded in the affirmative. Councillors Veno and Lovely were recorded as absent.
#392 – REAPPTS. TO THE PLUMMER HOME FOR BOYS BOARD OF TRUSTEES
The Mayors reappointments of Julie Paskowski and Robert Millerick to serve as members of the Plummer Home for Boys Board of Trustees for terms to expire February 2, 2010 was confirmed by roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Harvey, Furey, Corchado and Bencal were recorded in the affirmative. Councillors Veno and Lovely were recorded as absent.
#393 – CORRECTION OF TERM ON APPT. OF PETER STROUT TO HOUSING AUTHORITY
The Mayor sumitted the following correction of term of expiration which was received and filed, on the appointment of Peter Strout to the Housing Authority. The term is to expire July 1, 2010
#394 – APPR. TO POLICE – MEDICAL / DENTAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars and no cents ($10,000.00) is hereby appropriated from the “Fund Balance – Free Cash” Account to the “Police – Medical/Dental” Account in accordance with the recommendation of His Honor the Mayor.
#395 – APPR. TO CEMETERY - BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seven Thousand Two Hundred Dollars and no cents ($7,200.00) is hereby appropriated from the “Receipts Reserved – Sale of Lots” Account to the “Cemetery - Burial” Account in accordance with the recommendation of His Honor the Mayor.
#396 – APPR. TO CEMETERY - BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Five Thousand Four Hundred Fifty-Five Dollars and Twenty-Two cents ($5,455.22) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” Account to the “Cemetery - Burial” Account in accordance with the recommendation of His Honor the Mayor.
#397 – ORDINANCE AMENDING FEES FOR WEIGHTS & MEASURES
The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and five
An Ordinance to amend an Ordinance pertaining to Weights and Measures Fees
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 48, Section 48-2, Late Payment Fees
(a) All fees established within Section 48-1 are due and payable within ten (1) days of testing and/or adjustments.
(b) Any fee not paid within the time period set forth in Section 48-2 (a) shall be subject to a late fee of 50% of the total fee due or $25.00, whichever is greater.
Section 2. This Ordinance shall take effect as provided by City Charter.
#398 – MAYOR SUBMITTING ANNUAL BUDGET FOR FISCAL YEAR 2006
A communication was received from the Mayor, after the deadline of Tuesday, Noon, submitting the fiscal year 2006 Operating Budget and the Fiscal year 2006 Enterprise Funds Operating Budget.
Councillor Pelletier requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
Councillor Pelletier moved that the matter be referred to the Committee on Administration and Finance under the rules. It was so voted.
Councillor O’Leary assumed the chair for the president.
Councillor Bencal moved that the Fire Department portion of the Budget be sent back to the Mayor for full complement per court order, was adopted by roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Harvey, Furey, Corchado and Bencal were recorded in the affirmative. Councillors Veno and Lovely were recorded as absent.
Councillor Bencal moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Bencal resumed the chair.
#399 - CREATIVE ECONOMY STUDY GROUP DOCUMENT
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet with the Salem Partnership and the Salem State College Enterprise Center to discuss the Creative Economy Study Group document that was stimulated by the Charles Landry book and speech.
#400 – S.H.S. GIRLS LACROSS TAG DAY
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day application for Salem High School Girls Lacrosse for May 22, 2005 be approved.
#401 – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and five
An Ordinance to amend an Ordinance relative to Traffic, “Resident Sticker Parking”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 75, “Parking Prohibited, Resident Sticker Parking, Tow Zone”
In front of #7 Ash Street for a distance of twenty (20) feet, Zone C, color Green, “Resident Sticker Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#402 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING
Councillor O’Leary introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and five
An Ordinance to amend an Ordinance relative to Traffic, “Handicap Parking, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, “Handicap Parking, Limited Time”
On Heritage Drive, southbound on the westerly side, adjacent to #62 Highland Avenue, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
#403 – BLOCK PARTY, ORLEANS AVENUE
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That a Block Party permit for Orleans Avenue to be held on June 24th, 2005 from 6:00 P.M. to 10:00 P.M. with a raindate of June 25th, 2005 be granted.
#404 – S.H.S. CULINARY ARTS PROGRAM RUN CONCESSION STAND AT GOLF COURSE
Councillor Harvey introduced the following Order, which was adopted by roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Harvey, Furey, Corchado and Bencal were recorded in the affirmative. Councillors Veno and Lovely were recorded as absent.
ORDERED: That the City Council go on record as being in favor of having Mr. Blaine Gann of the Black Cat Café, run the concession stand at Olde Salem Green.
Be It Further Ordered that it be staffed with Salem High School students in the Culinary Arts Program as summer jobs and that the proceeds of the concession stand be split between the Culinary Arts Program and the Salem High School Athletic Programs.
Councillor Harvey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#405 – EMERGENCY DISPENSING SITE PLAN
Councillor Corchado introduced the following Order, which was adopted.
ORDERED: that the Committee on Public Health, Safety and Environment meet with Joanne Scott, Director of the Board of Health, to discuss the Emergency Dispensing Site Plan and the Memorandum of Understanding with other Cities Boards of Health during an Emergency.
#406 – RESOLUTION FOR FIREFIGHTERS AND REP. J. MICHAEL RUANE
Councillor Harvey introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Lt. Clifford H. Lewis, Lt. Robert E. Lemelin, Sr., Firefighter Donald B. Weston, Capt. William R. Hudson in honor of their high standards of public service to the City of Salem Fire Department; and
WHEREAS: J. Michael Ruane, as Honorary Member of the Salem Fire Department for many years of brotherhood and service to the Salem Fire Department; and
WHEREAS: For the decades of protection to the citizens of Salem and putting others first in the event of catastrophic fire; and
NOW, THEREFORE, BE IT RESOLVED: That the Salem City Council, on behalf of the citizens of Salem, publicly go on record and extend their deepest appreciation and commend them for distinguished dedication of service.
AND BE IT FURTHER RESOLVED: That this Resolution be made a matter of record of these proceedings, and that a suitable copy be sent to the Fire Department and a City Seal be presented to Lt. Clifford H. Lewis, Lt. Robert E. Lemelin, Sr., Firefighter Donald B. Weston, posthumously to Capt. R. Hudson and Honorary Member of the Salem Fire Dept., J. Michael Ruane on behalf of the Salem City Council as a token of their high esteem and gratitude and respect that is so well deserved.
Councillor O’Leary assumed the chair for the President.
#407 – DRAFT AN ORDINANCE TO EMPOSE FINE ON MINORS WITH FALSE I.D.’S
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Licensing Board, Chief of Police or his representative, Health Agent or her representative and the City Solicitor be invited to appear before the Committee on Ordinances, Licenses and Legal Affairs relative to the drafting of an Ordinance that would impose a fine on minors who by deceit, fraud, or through other counterfeit means attempt to purchase alcohol or tobacco products.
President Bencal resumed the chair.
#408 – (#385) – GRANTING LICENSES
Councillor Harvey 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.
TAXI OPERATOR Shawn Capozzi, 15 Bow St., Saugus
Randall J. Enos, 655 Western Ave., Lynn
#409 – (#349) – APPR. $160,000.00 TO PUBLIC SERVICES – SEWER INFRASTRUCTURE REPAIR
Councillor Sosnowski 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 $160,000.00 from Retained Earnings – Sewer Fund Account to Public Services – Sewer Infrastructure Repair Account to be used to construct the Highland Avenue Sewer Extension Project, has considered said matter and would recommend approval.
#410 – (#356) – APPR. $10,000.00 TO PUBLIC SERVICES – SEWER INFRASTRUCTURE REPAIR
Councillor Sosnowski 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 $10,000.00 from Retained Earnings – Sewer Fund Account to Public Services – Sewer Infrastructure Repair Account to be used to for betterment determination of sewering the Wymans, has considered said matter and would recommend approval.
#411 - #(355) – APPR. $20,000.00 TO PUBLIC SERVICES – SEWER INFRASTRUCTURE REPAIR
Councillor Sosnowski 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 $10,000.00 from Retained Earnings – Sewer Fund Account to Public Services – Sewer Infrastructure Repair Account to be used to continue studies at Juniper Beach and other areas concerning Storm Water Quality, has considered said matter and would recommend approval.
#412 - #(351) – APPR. $55,000.00 TO PUBLIC SERVICES – SEWER PUMP STATION OPERATION & MAINTENANCE
Councillor Sosnowski 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 $55,000.00 from Retained Earnings – Sewer Fund Account to Public Services – Sewer Pump Station Operation and Maintenance Account to replace costs previously expended for the security concerns of Folly Hill, has considered said matter and would recommend approval.
#413 - #(352) – APPR. $45,000.00 TO PUBLIC SERVICES – SEWER PUMP STATION SUPPLIES
Councillor Sosnowski 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 $45,000.00 from Retained Earnings – Sewer Fund Account to Public Services – Sewer Pump Station Supplies Account to replace costs previously expended for the security concerns of Folly Hill, has considered said matter and would recommend approval.
#414 - #(350) – APPR. $80,000.00 TO LEGAL SERVICES ACCOUNT
Councillor Sosnowski 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 $80,000.00 from Fund Balance – Free Cash Account to Legal Services Account to cover power plant related legal expenses, has considered said matter and would recommend approval.
#415 - #(360) – APPR. $2,500.00 TO CAPITAL OUTLAY – FOR TICKET SPITTER
Councillor Sosnowski 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 $2,500.00 to the Capital Outlay - Equipment Account to be expended for the extensive repair to the ticket spitter at the Church Street Parking lot, has considered said matter and would recommend approval.
#416 - #(357) – APPR. $6,000.00 TO POLICE – DENTAL / MEDICAL
Councillor Sosnowski offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sosnowski, Sargent, Pelletier, O’Leary, O’Keefe, Harvey, Furey, Corchado and Bencal were recorded in the affirmative. Councillors Veno and Lovely were recorded as absent.
The Committee on Administration and Finance to whom was referred the matter of an appropriation of $6,000.00 from Finance – Full time Salary Account to Police – Dental / Medical Account for payment of officers injured in the line of duty medical expenses, has considered said matter and would recommend approval.
#417 - #(354) – APPR. $33,450.00 TO PUBLIC PROPERTY – BUILDING MAINTENANCE
Councillor Sosnowski offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by roll call vote of 8 yeas, 1 nay, 2 absent. Councillor Sosnowski, Sargent, Pelletier, O’Keefe, Harvey, Furey, Corchado, Bencal were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative.Councillor Veno and Lovely were recorded as absent.
The Committee on Administration and Finance to whom was referred the matter of an appropriation of $33,450.00 from the Finance – Full Time Salary Account to the Public Property – Building Maintenance Account for Contractor and Engineering Services for the emergency repair to the seawall on at Green and Messervy Street, has considered said matter and would recommend approval.
#418 – (#359) – TRANSFER $3,600.00 TO LICENSING – FULL TIME SALARY
Councillor Sosnowski offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by roll call vote of 8 yeas, 0 nays, 3 absent. Councillor Sosnowski, Sargent, Pelletier, O’Keefe, Harvey, Furey, Corchado, Bencal were recorded as voting in the affirmative. Councillor O’Leary, Veno and Lovely were recorded as absent.
The Committee on Administration and Finance to whom was referred the matter of an transfer of $3,600.00 from the Finance – Full Time Salary Account to the Licensing – Full Time Salary Account, has considered said matter and would recommend approval.
#419 - #(358) – TRANSFER $4,000.00 TO PURCHASING – ADVERTISING
Councillor Sosnowski offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by roll call vote of 8 yeas, 1 nay, 2 absent. Councillor Sosnowski, Sargent, Pelletier, O’Keefe, Harvey, Furey, Corchado, Bencal were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative Councillor Veno and Lovely were recorded as absent.
The Committee on Administration and Finance to whom was referred the matter of an transfer of $4,000.00 from the “North Shore Voc Assessment” Account to the “Purchasing Advertising” Account, has considered said matter and would recommend approval.
#420 - #(362) – SBAB AUDIT
Councillor Pelletier offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of the SBAB Audit, has considered said matter and would recommend that Mr. Bruce Guy provide the letter from Ms. Fowler and Ms. Lynch as well as any other relative information on the School Building Audit to the City Council.
#421 – COMMUNICATION FROM REPRESENTATIVE JOHN KEENAN REGARDING SENATE BILLS FOR TOXIC MOLD
A communication from Representative John Keenan submitting a copy of two (2) Senate Bills regarding Toxic Mold was received and filed
#422 – COMMUNICATION FROM VETERANS’ AGENT EXTENDING AN INVITATION
A communication from Jean-Guy Martineau, Veterans’ Agent extending an invitation to the City Council for the Installation of Officers of the Witch City Post 1524 on Saturday May 14th, 2005 was received and filed.
#423 – COMMUNICATION FROM FIRE CHIEF REGARDING PRE-DISASTER MITIGATION PLAN
A communication from Chief David Cody of the Fire Dept. submitting to the Council a pre-disaster mitigation plan, in order to qualify from FEMA (Federal Emergency Management Agency) for Federal Grant Assistance was adopted by roll call vote of 6 yeas, 3 nays, 2 absent and referred to the Committee on Public Health, Safety and Environment and to Mr. Votta on the Flood Control Committee.
Councillor Sosnowski, Sargent, Pelleteir, O’Leary, Harvey and Bencal were recorded as voting in the affirmative. Councillor O’Keefe, Furey and Corchado were recorded as voting in the negative. Councillor Veno and Lovely were recorded as absent.
Councillor Harvey moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#424 – DANCE PERFORMANCE ON ESSEX STREET MALL
Request from Peak Performance Tours on behalf of Nova Jazz, to perform on the Essex Street Mall on May 27th, May 28th and May 29th, 2005, was approved.
#425 – EXTENDED HOURS FOR A TASTE OF THYME CAFÉ
Petition from Ken Rothwell and Bev Trueira owners of Tase of Thyme Café for extended business hours on Thursday, Friday and Saturday evenings from 9:00 P.M. to 3:00 A.M., was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#426 – VAULT COVER ON CROMBIE STREET
A hearing was ordered for May 26, 2005 on the petition of Comcast for a vault cover on Crombie Street
#427 – CONDUIT ON LAFAYETTE STREET
A hearing was ordered for May 26, 2005 on the petition of Comcast for a conduit on Lafayette Street.
#428 – CONDUIT ON BRIDGE STREET
A hearing was ordered for May 26, 2005 on the petition of Comcast for a conduit on Bridge Street.
#429 – TWO CONDUITS ON WASHINGTON STREET
A hearing was ordered for May 26, 2005 on the petition of Comcast for two (2) conduits on Washington Street.
#430 – REPLACE A VAULT ON NORMAN STREET
A hearing was ordered for May 26, 2005 on the petition of Comcast to replace a vault Norman Street.
#431 – LICENSES APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs
TAXI OPERATOR Vincent Ercolomo, 7 Crombie St., Salem
Robert Lizzette, 20 Central St., Peabody
#432 – #433 DRAINLAYER /CONTRACTOR OPERATOR LICENSES
The following Drainlayer/Contract operator license applications were approved.
J. Whyman Construction, 451 Broadway, Lynnfield
Pelletier & Milbury Corp., 129 Water St., Danvers
#434 - #435 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Peter Bagarella, 28 Marlborough Rd., Salem
Debra Guerette, 6 Shackle Way, Swampscott
#436 - #437 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER Pelletier & Milbury Corp., 129 Water St., Danvers
PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem
(#363) – ORDINANCE AMENDING TRAFFIC, STOP SIGN, BERTUCCIO AVENUE
The matter of second and final passage of an Ordinance amending Traffic,
Chapter 42, Section 49, “Stop Sign”, Bertuccio Avenue, was then taken up. The Ordinance was adopted for second and final passage.
(#364) – ORDINANCE AMENDING TRAFFIC, STOP SIGN, FRANCIS ROAD
The matter of second and final passage of an Ordinance amending Traffic,
Chapter 42, Section 49, “Stop Sign”, Francis Road, was then taken up. The Ordinance was adopted for second and final passage.
(#366) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, ARBELLA STREET
The matter of second and final passage of an Ordinance amending Traffic,
Chapter 42, Section 50B, “Handicap Parking”, #18 Arbella Street, was then taken up. The Ordinance was adopted for second and final passage.
(#368) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, PRESCOTT STREET
The matter of second and final passage of an Ordinance amending Traffic,
Chapter 42, Section 50B, “Handicap Parking”, #23 Prescott Street, was then taken up. The Ordinance was adopted for second and final passage.
(#369) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, BROADWAY
The matter of second and final passage of an Ordinance amending Traffic,
Chapter 42, Section 50B, “Handicap Parking”, #101 Broadway, was then taken up. The Ordinance was adopted for second and final passage.
(#370) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, BUTLER STREET
The matter of second and final passage of an Ordinance amending Traffic,
Chapter 42, Section 50B, “Handicap Parking”, #57 Butler Street, was then taken up. The Ordinance was adopted for second and final passage
(#377) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, NORTH STREET
The matter of second and final passage of an Ordinance amending Traffic,
Chapter 42, Section 50B, “Handicap Parking”, #109 North Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Leary, the meeting adjourned at 8:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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