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MINUTES JANUARY 12, 2006

A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 12, 2006 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on January 6, 2006 at 11:48 A.M.


       Councillor Furey arrived late at 7:03 P.M.

       Council President Jean M. Pelletier presided.

  Councillor Lovely 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.

#4 – APPT. OF KATHLEEN WINN AS ASST. DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT

Mayor’s appt. of Kathleen Winn to serve as Assistant Director of Planning and Community Development for a term to expire on January 31, 2008 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

Councillor O’Leary requested and received unanimous consent to allow Ms. Winn to speak.

#5 – APPR.  OF $7,960.00 TO CEMETERY – BURIAL

The following Order, recommended by the Mayor, was adopted under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

ORDERED: That the sum of Seven Thousand Nine Hundred and Sixty Dollars ($7,960.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account  to “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor.

        Councillor O’Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.


#6 – COMMUNICATION FROM MAYOR DRISCOLL TO ADDRESS THE CITY COUNCIL

The following letter of communication was received from the Mayor.



Honorable Salem City Council
93 Washington Street
Salem, MA 01970

Re:  Anticipated Budget Shortfall

Ladies and Gentlemen of the Council:

In accordance with section 19 of the City Charter, I am hereby requesting an opportunity to address the Council at the upcoming January 12th meeting pertaining to the anticipated Fiscal Year 2006 operating budget shortfall.

As you know, I have been working with Department Heads to quantify the estimated operational deficit. This is the first step along the way to closing this mounting budget gap. The majority of the deficit is related to the City’s Health Insurance Trust Account, which was under funded by approximately $2.2 million dollars.  The Health Insurance Trust account funds employee and retiree health insurance costs, a portion of which are paid for by employee/retiree contributions.  Unfortunately, the City did not adopt a budget that fully funded the City’s share of this expenditure, resulting in a multi-million dollar shortage which must be addressed by the close of the fiscal year on June 30th.  In addition, there are a host of other accounts that will also require supplemental appropriations in order to fund expenditures through the remainder of this fiscal year.  For example, both Police Department and Fire Department overtime accounts were funded at levels less than prior year expenditures, along with several line-items in the Public Works budget.  I will provide the Council with an outline of these requests at Thursday’s meeting.  While some of these items may be deferred or rejected due to fiscal restraints, the bulk of the anticipated expenditures are necessary and will need to be paid.  At present, the anticipated shortfall for this budget year totals in excess of $3,000,000.00.

Now that the anticipated actual expenditures have been quantified, we will be (and have been) working with Department Heads on mechanisms to address the deficit.  I expect that this will involve a combination of new revenues, budget cuts, and major re-organization of many departments. We will undertake this effort with an eye toward the Fiscal Year 2007 budget which will be equally as challenging, given the fact that we have very little reserves and have used a host of one time revenue sources to balance this year’s budget.  Despite the difficulties ahead, I do believe that this crisis provides us with an opportunity to re-invent our local government operations to better serve the citizens of Salem.  I envision working closely with the Council on mechanisms to close the budget shortfall and will proceed with all due haste, given that we have less than six months remaining in this fiscal year.
I thank you in advance for your cooperation as we, together, face the very daunting challenges ahead.

Very truly yours,
Mayor Kimberley Driscoll

Councillor Sosnowski requested and received unanimous consent to allow Mayor Driscoll to make a presentation on the estimated Fiscal Year 2006 Budget deficit.

Mayor Driscoll presented the following to the City Council:

Estimated Fiscal Year 2006 Budget Deficit

Health Insurance and Employee Benefits                  $2,220,000.00

Public Safety                                                   $   450,347.00

Fire Overtime                                                   $   184,000.00
Police Overtime                                                 $   153,347.00
Police – Medical/Dental/Retirement                              $     58,000.00
Fire – Medical/Dental/Retirement                                        $     55,000.00

Education                                                               $   385,000.00

SPED Out of District Expenditures                                  $   350,000.00
Fire Alarm System at Collins Middle                             $     35,000.00

Public Works                                                    $    267,000.00

Solid Waste Collection                                          $    127,000.00
General Public Works Improvements                               $      90,000.00
Vehicle Parts/Maintenance                                               $      50,000.00

Miscellaneous General Government                                $    127,410.09

Utilities                                                               $     70,214.84

Legal                                                                   $     57,300.00


Total Estimated Fiscal Year 2006 Budget Deficit         $3,577,271.93


        Mayor Driscoll took questions from the City Council.

        Council President Pelletier opened questions from the audience.

        Council President Pelletier thanked the Mayor for keeping Council informed.

#7 – ORDINANCE AMENDING TRAFFIC PARKING PROHIBITED WASHINGTON STREET

        Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.

In the year two thousand and six

An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited.

Be it ordained by the City Council in the City of Salem, as follows:

Section 1.  Chapter 42, Section 51, is hereby amended by adding the following:

        Washington Street, easterly side, northerly direction from Church Street to Federal Street, Restricted Parking, “Marked Police Vehicles Only”

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


#8 – FINANCIAL REPORT OF OCTOBER 31, 2005

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

        ORDERED: That the Financial Report of October 31, 2005 be received and placed on file.



#9 – FINANCIAL REPORT OF NOVEMBER 30, 2005

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

        ORDERED: That the Financial Report of November 30, 2005 be received and placed on file.


#10 – COMMITTEE OF THE WHOLE MEET RE: RESTRICTION / LIMITATION OF PITBULLS

        Councillor Furey introduced the following Order, which was adopted as amended.

        ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the restriction, limitation or even illegalization of pitbulls in the City of Salem.  Invited to this meeting should be the City Solicitor (Attorney Rennard) and the Dog Constable (Don Famico).

        Councillor O’Leary amended the order to include a copy of the dangerous dog ordinance for the meeting. It was so voted.

        Councillor Sosnowski amended to invite local Veteranarians and the Park and Recreation Director. It was so voted.

        Councillor Bencal amended to refer the matter to the Committee of the Whole. It was so voted.

        The Order was adopted as amended as follows:

        ORDERED:        That the Committee of the Whole meet to discuss the restriction, limitation or even illegalization of pitbulls in the City of Salem.  That a copy of the Dangerous Dog Ordinance be supplied for the meeting. Invited to this meeting should be the City Solicitor (Attorney Rennard), the Dog Constable (Don Famico), the Park and Recreation Director and Salem Veteranarians.


#11 – ADVISE CITY COUNCIL OF EXPENSES & INCOME REGARDING HAUNTED HAPPENINGS 2005

        Councillor O’Keefe introduced the following Order. It was adopted as amended.

        ORDERED: That the Committee on Administration and Finance advise the City Council of any and all expenses incurred by any and all city departments, boards or commissions the so called 2005 Haunted Happenings festivities.

        Councillor Bencal amended to include income received as part of Haunted Happenings. It was so voted.

        The Order was adopted as amended as follows:

        ORDERED: That the Committee on Administration and Finance advise the City Council of any and all expenses incurred, and income received by any and all city departments, boards or commissions the so called 2005 Haunted Happenings festivities.

#12 – FUTURE OF SALEM MAIN STREETS PROGRAM

        Councillor Lovely introduced the following Order, which was adopted

        ORDERED:  That the Salem Main Streets Initiative Board of Directors and the Planning Department be invited to attend the Committee on Community and Economic Development to discuss the direction and future of the program.


#13 -   AN ACT FOR AN ADDITIONAL LICENSE FOR ALCOHOL FOR RISTORANTE GIOIA, INC.

        Councillor Lovely introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.

        ORDERED:  That a petition to the General Court, accompanied by a bill for certain additional liquor license 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 an additional license for the sale of alcoholic beverages.

        Be it enacted by the Senate and House of Representatives in General Court assembled, and by 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 fulltime license for the sale of Beer and Wine to be drunk on the premises under Section 12 of Said Chapter 138 to Ristorante Gioia Inc., d/b/a Ristorante Gioia, located at 140 Washington Street, Salem, MA. The license shall be subject to said Chapter 138 except transfer of the license to any other person, organization, corporation, or location separate from the sale of the entire business known as Ristorante Gioia, Inc. d/b/a Ristorante Gioia.

        Section 2. This act shall take effect upon its passage.

#14 – PORTRAIT OF PRESIDENT GEORGE WASHINGTON BE MOVED TO COUNCIL CHAMBER

        Councillors Lovely and Pelletier introduced the following Order, which was adopted.

        ORDERED:  That the portrait of the Honorable President George Washington be moved from its present location of the stairwell in Salem City Hall to the more appropriate location in City Council Chambers behind the City Council President.


#15 – MEET WITH DISTRICT ATTORNEY REGARDING OPEN MEETING LAW

        Councillor Lovely introduced the following Order, which was adopted as amended.

        ORDERED: That the District Attorney or his designee be invited to address the City Council Committee of the Whole relative to the Open Meeting Law.

        Councillor O’Keefe amended to also invite Representative John Keenan and Acting City Solicitor Rennard. It was so voted.

        The Order was adopted as amended as follows:

        ORDERED: That the District Attorney or his designee be invited to address the City Council Committee of the Whole relative to the Open Meeting Law. And that Representative John Keenan and Acting City Solicitor Rennard be invited.


#16 – FORM A BIKE PATH COMMITTEE

        Councillor Bencal introduced the following Order, which was adopted.

        ORDERED: That the Mayor form a Bike Path Committee who’s function shall be to assist the Planning Department in the identification, design, construction, and implementation of bike paths through the City of Salem.


#17 – GRANTING CERTAIN 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 that the following be granted.


FORTUNETELLING          Therese M. Devoe-Noll, 136 Derby St. #2, Salem
                                        Debbie Mitchell, 6 Hawthorne Blvd., Salem
                                        Fatima Mitchell, 6 Hawthorne Blvd., Salem
                                        Tammy Mitchell, 6 Hawthorne Blvd., Salem
                                        Michael Noll, 136 Derby St. #2, Salem
                                        Shawn Poirier, 64 Beaver St., Salem
                                        Andrea Snow, 21 Warren St., Salem

FORTUNETELLING
STORE                           Angelica of the Angels, 7 Central St., Salem
                                        Employees:      Barbara Szafranski, 611 Broadway, Lynnfield
                                                        Tory MacNeil, 535R Essex Ave., Gloucester
                                                        
JUNK DEALER                     I. Talkowsky & Son Inc., 18 Phillips St., Salem


PAWNBROKER                      Salem Loan & Jewelry, 33 New Derby St., Salem


PUBLIC GUIDES                   William Grover, 84A Polland St., Billerica
                                        Fran Morrow, 12 Strawberry Hill Ln., Danvers
                                        William Sano, 35 Daniels St., Salem


SEAWORMS                                Arthur Barriera, 49 Webster St., Peabody
                                        Manuel Carroca, 12 Union St., Peabody
                                        Joe Mendonca, 22 Spring St., Peabody
                                        Analiano P. Silva, 25 Driscoll St., Peabody
                                        Manuel N. Silva, 80 Northend St., Peabody
                                        Manuel P. Silva, 52 Palealogos St., Peabody

SECOND HAND
CLOTHING                                Boston St. Resale, 134 ½ Boston St., Salem
                                        Samantha’s, 177 Essex St., Salem

SECOND HAND
VALUABLE                                Antiques at Museum Place, Museum Place Mall, Salem
                                        Antiques & Uniques of Salem, 130 North St., Salem
                                        Gamestop, Inc., 450 Highland Ave., Salem
                                        Rich’s Second Hand Store, 98A Boston St., Salem
                                        Salem Loan & Jewelry, 33 New Derby St., Salem

TAXI OPERATOR                   S. Gregory Jamieson, 43 Roslyn St., Salem
                                        Mark Adams, 59 Goodale St., Peabody
                                        Ken Burton, 1 Parallel St., Salem
                                        Robert M. Smith, 47 Bridge St., Salem
                                        Wilfredo Moreno, 4 Oak St., Peabody
                                        Karyn Milaszewski, 251 Newbury St., Peabody
                                        Blair Schetrompf Jr., 36 St. Anns Ave., Peabody




#18 – (#867) – APPR. PUBLIC SERVICES –  VEHICLE PARTS & MAINTENANCE

        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 an Appropriation of $30,000.00 for Public Services – Sewer- Vehicle Parts and Maintenance, has considered said matter and would recommend approval.


#19 – (#868) – APPR. PUBLIC SERVICES – POLICE DETAIL

        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 an Appropriation of $10,000.00 for Public Services – Water – Police Detail, has considered said matter and would recommend approval.


#20 – COMMUNICATION FROM VETERAN’S AGENT REGARDING VETERANS SQUARE

        A communication from Jean-Guy Martineau, Veterans’ Agent, regarding a request from Linda Smith for the naming of a Veterans’ square was referred to the Committee on Government Services.

#21 – REQUEST OF SALEM CULTURAL COUNCIL FOR EXEMPTION

A request from Paula Beaulieu that the City Council as the Legislative body exempt Lisa Brooke of the Salem Cultural Council from conflict of interest, to allow her to apply for a grant. It was granted.

        
#22 - #29 – LICENSE APPLICATIONS

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


FORTUNETELLING
STORE                           Angelica of the Angels, 7 Central St., Salem
(Employee only)                 Employee:       Katherine Christensen, 257 Washington St., Salem

JUNK DEALER                     Fred Hutchinson, 15 Robinson Road, Salem
SEAWORMS                                Jose M. Machado, 3 Emmett St., Peabody

SECOND HAND
VALUABLE                                Bernard’s, 179 Essex St., Salem
                                        Filigree & Fancy, Wharf St., Salem
                                        R.A. DiFillipo Antiques, 55 Lafayette St., Salem

TAXI CAB                                Community Taxi, 27R Caller St., Peabody
Family Taxi, 201 Washington St., Salem
Salem Taxi, 201 Washington St., Salem
Tri-City Services Inc., 55R Walnut St., Peabody
                                        
LIMOUSINE                               Family Taxi, 201 Washington St., Salem
                                        Salem Taxi, 201 Washington St., Salem
                                        Tri-City Services Inc., 55R Walnut St., Peabody

TAXI OPERATOR                   Randall J. Enos, 655 Western Ave., Lynn
                                        David Beauchamps, 126 Orchard Hill Rd., Bradford
                                        Colleen Gray, 109 Steeple St., Revere
                                        James R. Cloutman, 19 Rainbow Ter., Salem
                                        Genaro Roman, 26 Prince St. #4, Salem
                                        Elizabeth A. Mullen, 9 Munroe Court, Peabody
                                        William C. Morgan, 276 Rantoul St., Beverly
                                        James F. Antoszewski, 176 Lynnfield St., Peabody
                                        Joseph Bain, 6 Pulaski St., Peabody
                                        Lamont Chisholm, 16 Park St., Salem
                                        Raoul Charles, 437 Elliott St., Beverly
                                        Carl W. Herwig, 168 Washington St., Peabody
                                        Daniel B. Padgett, Jr., 12 Grafton St., Salem
                                        Albert W. Calman, 47 Franklin St., Salem
                                        Michael Paciulli, 50 Jenness St., Lynn
                                        Ramon Espinal, 12 Mt. Vernon St. #2, Salem


#30 - #62 – DRAINLAYER / CONTRACT OPERATOR LICENSES

The following Drainlayer / Contract Operator Licenses were granted.

        Atlantic Paving Corp., 240 Canal St., Salem
        Advanced Industries, Inc., 106 Oakville St., Lynn
        Caruso & McGovern Construction Inc., 1 Industrial Way, Georgetown
        D & W Contractors, 150 Pleasant St., Reading
        D’Alelio Construction Co., Inc., 31 Lewis St., Swampscott
        DeIulis Brothers Construction, 31 Collins St. Ter., Lynn
        DiBiase Corp.,10 Lookout Ter.., Lynnfield
        Fleet Construction Co., Inc., 24 Martin St., Cumberland, RI
        F.R.E. Building Co., Inc., 290 Eliot St., Ashland
        Geologic-Earth Exploration Inc., 7 Sherwood Dr., Norfolk
        Geosearch, 20 Authority Dr., Fitchburg
        J. Doyle Backhoe, 239 Eastern Ave., Gloucester
        J.J. O’Brien & Sons Inc., 5 Fern St., Waltham
        J. Masterson Construction Corp., 46 Prince St., Danvers
        James W. Flett Co., Inc., 800 Pleasant St., Belmont
        John F. Peterson Enterprise, 210 Broadway, Lynn
        Lima Construction & Paving Inc., 28 River St., Middleton
        McLaughlin Construction Co., 72R Central St., Peabody
        Meninno Construction Co., Inc., 76 Oakville St., Lynn
        Mirra Co., Inc., 6 Norino Way, Georgetown
        Moran Masonry, 764 Salem St., Groveland
        Mr. Rooter Plumbing, 70 Herrick St., Beverly
        N. Granese & Sons, Inc., 18 Yorkshire Rd., Marblehead
        Paolini Corp., 103 Adams St., Newton
        Pumel Enterprises, 37 Baker St., Salisbury
R.B. Strong Excavating & Sewerage Cont. Inc., 122 Western Ave, Gloucester
        R. Dilisio Co., Inc., 113 Fayette St., Lynn
        Raffaele Construction, 49 Tracy Ave., Lynn
        Spencer Contracting Corp., 63 Jefferson Ave., Salem
        TDS, Inc., 2 Peter Dr., Sterling
        Thomas Mackey & Sons, Inc., 58 Broadway, Salem
        United Utility Corp., 42 Haverhill Rd., Amesbury
        Village Construction, 190 Pleasant St., Marblehead


#63 - #64 CLAIMS

The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs   .               

        Marlene Ellison, 16 Barnard Hawkes Court, Marblehead
        Marie Rose Rita Page, 13 Highland St., Salem






#65 - #73 – BONDS

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

DRAINLAYER                      DiBiase Corp., 10 Lookout Ter., Lynnfield
                                        F.R.E. Building Co., Inc., 290 Eliot St., Ashland
Fleet Construction Co., Inc., 24 Martin St., Cumberland, RI
Geosearch, Inc., 20 Authority Dr., Fitchburg
John F. Peterson Enterprises, Inc., 210 Broadway, Lynn
Paolini Corp., 103 Adams St., Newton
Pumel Enterprises, 37 Baker St., Salisbury
Spencer Contracting Corp., 63 Jefferson Ave., Salem
Village Construction, Inc., 190 Pleasant St., Marblehead        



On the motion of Councillor Sargent, the meeting adjourned at 8:30 P.M.