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MINUTES JUNE 9, 2005

A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 9, 2005 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on June 3, 2005 at 10:22 A.M.


       Councillor Furey was absent.

       Council President Michael Bencal presided.

Councillor Lovely 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.




(#438) – HEARING COMCAST FOR VAULT COVER ON CROMBIE STREET

        A hearing was held on the order of Comcast to replace a vault cover on Crombie Street.
Appearing in favor was Mr. Dave Flewelling of Comcast. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the request be granted. It was so voted.


(#439) – HEARING COMCAST FOR A CONDUIT ON LAFAYETTE STREET

        A hearing was held on the order of Comcast for a conduit on Lafayette Street.
Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Sosnowski moved that it be approved with the condition that streets be properly resurfaced using infrared technology. There was no one opposed. The hearing was closed. Councillor Corchado moved that the request be granted with the condition. It was so voted.


(#440) – HEARING COMCAST FOR A CONDUIT ON BRIDGE STREET

        A hearing was held on the order of Comcast for a conduit on Bridge Street.
Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Sosnowski moved that it be approved with the condition that streets be properly resurfaced using infrared technology. There was no one opposed. The hearing was closed. Councillor Sosnowski moved that the request be granted with the condition. It was so voted.


(#441) – HEARING COMCAST FOR  CONDUITS ON WASHINGTON STREET

        A hearing was held on the order of Comcast for two conduits on Washington Street.
Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Sosnowski moved that it be approved with the condition that streets be properly resurfaced using infrared technology. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the request be granted with the condition. It was so voted.



(#442) – HEARING COMCAST TO REPLACE VAULT COVER ON NORMAN STREET

        A hearing was held on the order of Comcast to replace a vault cover on Norman Street.
Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Sosnowski moved that it be approved with the condition that streets be properly resurfaced using infrared technology. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the request be granted with the condition. It was so voted.


#485 – HEARING COMCAST FOR CONDUITS ON CHESTNUT AND CAMBRIDGE STREET

        A hearing was held on the order of Comcast for two conduits on Chestnut and Cambridge Street. Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Sosnowski moved that it be approved with the condition that streets be properly resurfaced using infrared technology. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the request be granted with the condition. It was so voted.


#486 – HEARING COMCAST FOR A CONDUIT ON BRIDGE STREET

        A hearing was held on the order of Comcast for a conduit on Bridge Street.
Appearing in favor was Mr. Dave Flewelling of Comcast. Joyce Bowen of 71 Bridge Street was opposed due to poor reception. Councillor Sosnowski moved that the hearing be continued untill the next meeting of June 23, 2005. It was so voted.


#487 – HEARING COMCAST FOR CONDUITS ON HIGH STREET

        A hearing was held on the order of Comcast for two conduits on High Street. Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Sosnowski moved that it be approved with the condition that streets be properly resurfaced using infrared technology. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the request be granted with the condition. It was so voted.

(#443) – APPOINTMENT  OF JAMES E. LISTER TO YOUTH COMMISSION

        The Mayor’s appointment of James E. Lister to serve as a member of the Salem Youth Commission for a term to expire December 1, 2006, was confirmed by unanimous roll call vote of 10 yeas, 0 nays, 1 absent. Councillor Furey was absent.



#488 – REAPPOINTMENT OF A CONSTABLE

        The Mayor’s reappointment of Richard D. Cornacchini to serve as a constable for a term to expire June 24, 2008 was received and filed.


#489 – APPR. PUBLIC SERVICES – WATER GASOLINE

        The following Order, recommended by the Mayor, was adopted under suspension of the rules.

        ORDERED:  That the sum of Seventy-one Thousand Dollars ($71,000.00) is hereby appropriated from “Retained Earnings – Water Fund” Account to “Public Services – Water Gasoline” Account in accordance with the recommendation of His Honor the Mayor.


#490 – APPR. POLICE – DENTAL / MEDICAL

        The following Order, recommended by the Mayor, was adopted under suspension of the rules.

        ORDERED:  That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from “Fund Balance – Free Cash” Account to “Police – Dental / Medical” Account in accordance with the re commendation of His Honor the Mayor.

#491 – AUTHORIZE MAYOR TO SUBMIT CDBG APPLICATION TO HUD

        The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.

        ORDERED: That the Mayor is hereby authorized to submit the fiscal year 2006 Community Development Block Grant Application for Federal Assistance to the United States Department of Housing and Urban Development for One Million Two Hundred and Eighty-two Thousand, One Hundred and Eighty-four Dollars ($1,282,184.00)

#492 - AUTHORIZE MAYOR ENTER INTO A THREE YEAR AGREEMENT WITH DIAMOND CATERING & DELI

The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.

        ORDERED: That the Mayor and City Council hereby authorize the City Purchasing Agent to enter into a three-year contract between the City of Salem and Diamond Catering and Deli for the purpose of operating a concession stand at the City’s Municipal Golf Course.


#493 – ORDINANCE AMENDING SALARY AND CLASSIFICATION OF ASSISTANT FINANCE DIRECTOR

        The following Ordinance, recommended by the Mayor, was referred to the Committee on Administration and Finance.

        In the Year two thousand and five

        An Ordinance to amend an Ordinance relative to Assistant Finance Director and the Salary and Classification of Certain Employees of the City of Salem

        Section 1, Chapter 2, Section 2-52 is hereby amended as follows:

A)      Establish the position of Assistant Finance Director/Deputy Auditor at Job Grade 17, effective January 1, 2005.
B)      Abolish the position of Deputy Auditor at Job Grade 15.

Section 2, This Ordinance shall take effect as provided by City Charter.



#494 – ORDINANCE AMENDING SALARY AND CLASSIFICATION OF COLLECTOR AND TREASURER

        The following Ordinance, recommended by the Mayor, was referred to the Committee on Administration and Finance.

        In the Year two thousand and five

        An Ordinance to amend an Ordinance relative to the Salary and Classification of Certain Employees of the City of Salem

        Section 1, Chapter 2, Section 2-52 is hereby amended as follows:

A)      Establish the position of Collector at Job Grade 17, effective immediately
B)      Amend the position title of Treasurer/Collector to the title of Treasurer, effective July 1, 2005


Section 2, This Ordinance shall take effect as provided by City Charter.



#495 – MAYOR SUBMITTING AMENDMENT TO FISCAL YEAR 2006 BUDGET

        Mayor submitted amendment to FY2006 Budget by increasing the Salem Contributory Retirement Board Fiscal Year 2006 assessment to $6,977,372.00. Councillor Veno moved to refer the matter to the Committee on Administration and Finance.


(#452) – MAYOR SUBMITTING LETTER FROM STATE REP. JOHN D. KEENAN

        Mayor submitted letter from Representative John D. Keenan regarding an Act Relative to the Membership of the Salem and Beverly Water Supply Board. Councillor Harvey moved it be referred to the Committee on Public Health, Safety and Environment.


#496 – CITY COUNCIL MEETINGS FOR JULY AND AUGUST

        Councillor O’Leary introduced the following Order, which was adopted.

        ORDERED: That the regular meetings of the City Council for the months of July and August be combined and held on Thursday, July 14th, 2005.


#497 – UTILITY COMPANIES USE ULTRA VIOLET METHOD OF REPAIR

        Councillor Sosnowski introduced the following Order, which was adopted.

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss that any utility company or service company that opens a trench, hole excavation/opening or other in any Salem street be required to use the Infrared method of bonding the new asphalt repair material to the old asphalt surface to minimize any disruption of the repair and to provide the best possible condition for the streets. And that proper compacting of the subsurface be done to prevent sinking at any future date.


#498 – PETITION OF SALEM COALITION RELATIVE TO YMCA AT LEGGS HILL ROAD

        Councillor Pelletier introduced the following Order, which was adopted.

        ORDERED: That the petition of Salem Coalition for the Environment relative to the North Shore YMCA locations to Leggs Hill be referred to the Committee on Public Health, Safety and Environment for review.


#499 – HIGH BACTERIA CONTAMINATION FROM STORM WATER

Councillor Corchado introduced the following Order, which was adopted.

ORDERED: That the Committee on Public Health, Safety and Environment meet with the Directors of the following Departments, DPW, Board of Health, and the Director of Salem Sound Coastwatch or designee to discuss the consistent high bacteria contamination from the storm water outfalls in the city.


#500 – POLICE TRAFFIC INSTALL RESIDENT PARKING SIGNS ON LINCOLN ROAD

Councillor O’Keefe introduced the following Order, which was adopted.

ORDERED: That the Salem Police Department, Traffic Division, install “Resident Parking” signs not already installed on Lincoln road between Buchanan and Monroe Roads.


#501 – POLICE TRAFFIC INSTALL NO PARKING SIGNS ON LORING HILLS AVENUE

Councillor O’Keefe introduced the following Order, which was adopted.

ORDERED: That the Salem Police Department, Traffic Division, install “No Parking” signs where prescribed by City Ordinance on Loring Hills Avenue.


#502 – CITY COUNCIL MEET TO APPROVE FISCAL YEAR 2006 BUDGET

        Councillor Veno introduced the following Order, which was adopted.

        ORDERED: That the City Council meet on Monday, June 27, 2005 at 6:00 P.M. for the purpose of addressing the Fiscal Year 2006 Operating Budget.



#503 – (#470 & #471) GRANTING CERTAIN 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:

FORTUNETELLING  Angelica of The Angels, 7 Central Street, Salem
STORE                   Employees: Barbara Szfranski, 611 Broadway, Lynnfield
                                                 George Fraggas, 611 Broadway, Lynnfield

TAXI OPERATOR           Albert Hill, 68 Dane St., Beverly
                                Richard McMahon, 14 Beech St., Lowell
                                Prachanda Adhikart,  8 Lathrop St., Salem
                                Betsy McNaughton, 98 Newbury St., Danvers


#504 – ISSUE OF PLASTIC WALL ON MR. KIERNAN’S BUILDING ON ESSEX STREET

Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.

        The Committee on Community and Economic Development to whom was referred the matter of the plastic wall at 135 Essex Street, Marine Arts Gallery has considered said matter and would recommend that Mr. Russell Kiernan of Marine Arts Gallery submit an estimate to the Peabody Essex Museum for bricking the wall within fifteen (15) days of June 6, 2005 and the Peabody Essex Museum respond within thirty (30) days of June 6, 2005 and that the City Solicitor communicate with the parties to facilitate resolution of same. And that the matter remain in committee pending notifications of said resolution.


#505 – PLANS FOR SALEM MAIN STREETS PROGRAM

        Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.

        The Committee on Community and Economic Development to whom was referred the matter of Salem Main Streets future plans has considered said matter and would recommend that the matter remain in committee until the CDBG funding has been reviewed and approved.



#506 – COMMUNICATION FROM SALEM SURREY BIKE TOURS / HOCUS POCUS TOURS

        A communication from Susan P. Metzger of Salem Surrey Bike Tours / Hocus Pocus Tours was referred to the Committee on Ordinances, Licenses and Legal Affairs.


#507 – BLOCK PARTY

        Request from the residents of Warren Street to hold a Block Party on July 16, 2005 was granted.


#508 - #510 – LICENSE APPLICATIONS

The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs

LIMO                            Antique Motor Car Tours, 3 Summit Ave., Beverly


PUBLIC GUIDE            Donald T. Swift, 3 Summit Ave., Beverly


TAXI OPERATOR           Donald T. Swift, 3 Summit Ave., Beverly


#511 - #514 – CLAIMS

        The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
                Shelly Buchsbaum, 19 Homestead Road, Marblehead
Jamie Cerulli, 40 Bulfinch Road, Lynn
                Erin Heiskell, 9 Harbor View Terrace, Salem
                Linda Raymond, 25 Ord Street, Salem     


#515 – BOND

        The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.

        CONSTABLE       Richard D. Cornacchini, 96 Light Street, Lynn


(#457) – ORDINANCE AMENDING TRAFFIC, SECTION 50B, HANDICAP PARKING, CABOT STREET

        The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking on Cabot Street, was then taken up. The Ordinance was adopted for second and final passage.


(#459) – ORDINANCE AMENDING TRAFFIC, SECTION 51B, PARKING LIMITED TIME, NORTH STREET

        The matter of second and final passage of an Ordinance amending Traffic, Parking Time Limited on North Street, was then taken up. The Ordinance was adopted for second and final passage.


(#460) – ORDINANCE AMENDING TRAFFIC, SECTION 51B, PARKING TIME LIMITED, NORTH STREET

The matter of second and final passage of an Ordinance amending Traffic, Parking Time Limited on North Street, was then taken up. The Ordinance was adopted for second and final passage.


On the motion of Councillor Pelletier the meeting adjourned at 7:50 P.M.



ATTEST:                                         CHERYL A. LAPOINTE
                                                        CITY CLERK