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MINUTES - Regular - 5/26/2005 128 CITY OF SALEM MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, May 26, 2005 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 20, 2005 at 9.23 A.M. Councillor Sargent was absent. Council President Michael Bencal presided. Councillor Harvey 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 VAULT COVER ON CROMBIE STREET A hearing was scheduled to be on the Order of Comcast for a vault cover located on Crombie Street. Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Pelletier moved that the matter be held until the next meeting. It was so voted. #439 — HEARING COMCAST FOR A CONDUIT ON LAFAYETTE STREET A hearing was scheduled to be on the Order of Comcast for a conduit located on Lafayette Street. Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Pelletier moved that the matter be held until the next meeting. It was so voted. #440 — HEARING COMCAST FOR A CONDUIT ON BRIDGE STREET A hearing was scheduled to be on the Order of Comcast for a conduit located on Lafayette Street. Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Pelletier moved that the matter be held until the next meeting. It was so voted. CITY OF SALEM 129 MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL #441 — HEARING COMCAST FOR TWO CONDUITS ON WASHINGTON STREET A hearing was scheduled to be on the Order of Comcast for two (2) conduits located on Washington Street. Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Pelletier moved that the matter be held until the next meeting. It was so voted. #442 — HEARING COMCAST TO REPLACE A VAULT ON NORMAN STREET A hearing was scheduled to be on the Order of Comcast to replace a vault located on Norman Street. Appearing in favor was Mr. Dave Flewelling of Comcast. Councillor Pelletier moved that the matter be held until the next meeting. It was so voted. Councillor Pelletier moved that the Project Coordinantor for Comcast be invited to the next regularly scheduled Council meeting on June 9, 2005. #443 —APPT. OF JAMES E. LISTER TO THE SALEM YOUTH COMMISSION 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 held until the next meeting under the rules. #444 — REAPPT. OF CONSTABLE The Mayor's reappointment of Ronald F. Ledwell as a Constable for a term to expire June 1, 2008, was received and filed. #445 — TRANSFER TO WATER — GASOLINE The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. 130 CITY OF SALEM MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated from the "Water Overtime" Account to the "Water Gasoline" Account in accordance with the recommendation of His Honor the Mayor. #446 — TRANSFER TO PUBLIC PROPERTY— OIL HEAT The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the "Public Property Telephone" Account to the "Public Property Oil Heat" Account in accordance with the recommendation of His Honor the Mayor. #447 —APPR. TO PUBLIC SERVICES — RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Nine Thousand Nine Hundred Seventy-Four Dollars and Ten Cents ($9,974.10) is hereby appropriated from the "Fund Balance — Free Cash" Account to the "Public Services — Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #448 —APPR. TO PUBLIC SERVICES —WATER RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Four Thousand Nine Hundred Eighty-Seven Dollars and Five cents ($4,987.05) is hereby appropriated from the "Retained Earnings —Water Fund" Account to the "Public Services —Water Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #449 —APPR. TO PUBLIC SERVICES — SEWER RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. CITY OF SALEM 131 MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Four Thousand Nine Hundred Eighty-Seven Dollars and Five cents ($4,987.05) is hereby appropriated from the "Retained Earnings — Sewer Fund" Account to the "Public Services — Sewer Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #450 — PETITON TO AMEND ZONING TO EXTEND B-5 ZONE TO INCLUDE SALEM JAIL Mayor's petition to the City Council requesting that the City of Salem Zoning Map be amended by extending the B-5 Zone to include the Old Salem Jail Property parcel located at 50 St. Peter Street. Councillor Sosnowski moved that the matter be referred to the Planning Board to schedule a joint public hearing with the City Council. #451 — REQUEST FOR ROAD RACE ON FORT AVENUE & DERBY STREET A communication from the Mayor submitting a request from the Park and Recreation Superintendent to use Fort Avenue and Derby Street to hold a road race to benefit the Boys and Girls Club of Greater Salem on August 26, 2005 at 7.00 P.M. was approved. #452 — COMMUNICATION REGARDING AN ACT RELATIVE TO THE MEMBERSHIP OF BEVERLY/SALEM WATER BOARD Received after the deadline of Tuesday noon. A communication from the Mayor submitting a letter for State Representative John D. Keenan regarding an Act Relative to the Membership of the Salem Beverly Water Supply Board was held under the rules till the next City Council Meeting. #453 — MAYOR'S RESPONSE TO THE RETURN OF THE FIRE DEPT. PORTION OF THE BUDGET FOR FY06 A communication from the Mayor in response to the City Council's motion to return the Fire Department portion of the Fiscal Year 2006 Budget back to the Mayor, was referred to the Committee on Administration and Finance. #454 —ADDRESS POSSIBILITY OF ADULT ZONES Councillor Sosnowski introduced the following order which was adopted. 132 CITY OF SALEM MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Committee on Community and Economic Development meet with the Mayor or his representative, City Planner, Licensing Board, and Solicitor to discuss ways to address the possibility of Adult Zones in the City of Salem. And that no licenses or permits be granted until the guidelines have been established. And that the former City Solicitor, William Lundregan also be invited. #455 — FEASIBILITY REPORT ON BONDING FOR STREETS & SIDEWALKS Councillor Lovely introduced the following Order. ORDERED: That the City Council request that the Finance Director conduct a feasibility report on bonding for street and sidewalk repairs and that the matter be referred to the Committee on Administration and Finance for review. Councillor Harvey amended that the DPW Director be invited to the Committee meeting. It was adopted. Councillor Sosnowski amended to include an invitation to the Office of Cultural Affairs. It was adopted. #456 — FINANCIAL REPORT FOR APRIL 30, 200 Councillor Veno introduced the following Order, which was adopted. ORDERED: That the April 30, 2005 Financial Report be received and placed on file. #457 — ORDINANCE AMENDING TRAFFIC SEC. 50113, CABOT STREET Councillor Veno 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, Sec. 50B, is hereby amended by adding the following: In front of#29 Cabot Street for a distance of twenty (20) feet, "Handicap Parking Tow Zone " Section 2. This Ordinance shall take effect as provided by City Charter. CITY OF SALEM 133 MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL #458 — CREATE AN ORDINANCE FOR MONTHLY REPORTS ON BUDGET TRANSFERS Councillor Veno introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. ORDERED: That the Committee on Administration and Finance meet to develop an ordinance change to mandate that the Finance Director report all Budget Transfers to the City Council on a monthly basis. Be It Further Ordered that the Finance Director, and past Finance Director, Bruce Guy be invited. #459 -ORDINANCE AMENDING TRAFFIC SEC. 51 B, NORTH STREET Councillor Bencal 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, Parking Time Limited Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Sec. 51 B, is hereby amended by adding the following: Easterly side from Foster Street extending One Hundred Seventeen (117) feet in a north westerly direction in front of#112 thru #166D North Street, for a distance of forty (40) feet, "Thirty (30) Minute Parking Limit" Section 2. This Ordinance shall take effect as provided by City Charter. #460 — ORDINANCE AMENDING TRAFFIC, SEC. 51 B, NORTH STREET Councillor Bencal 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, Parking Time Limited 134 CITY OF SALEM MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Sec. 51 B, is hereby amended by adding the following: Southbound on the westerly side in front of#107 North Street, for a distance of forty (40) feet, "Thirty (30) Minute Parking Limit" Section 2. This Ordinance shall take effect as provided by City Charter. #461- EXTENDED HOURS OF OPERATION FOR A TASTE OF THYME CAFE Councillor Harvey offered the following report for the Committee 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 extended hours of operation for a Taste of Thyme Cafe has considered said matter and would recommend approval with the following conditions: 1. That the names of the owners and managers that are working at night be provided to the City Council. 2. That the start date for the extended hours be July 1, 2005. 3. Suggested that a police officer be hired for the first two (2) weeks. 4. That this be a 60 day trial period to be reviewed on September 8t" 2005. #462 — GRANTING CERTAIN LICENSES Councillor Harvey offered the following report for the Committee 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 Vincent Ercolomo, 7 Crombie Street, Salem Robert Lizzette, 20 Central Street, Peabody Frederick Hutchinson, 15 Robinson Road, Salem JUNK DEALER Frederick Hutchinson, 15 Robinson Road, Salem CITY OF SALEM 135 MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL #463 — PARKING ISSUES IN THE DOWNTOWN AREA Councillor Furey offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation as amended. The Committee on Government Services to whom was referred the matter of parking issues in the downtown area has considered said matter and would recommend the following- 1. Meet with the Parking Director to increase meter parking to two hours. 2. That they start stacking tickets 3. Develop an education process for the businesses and institutions 4. The matter be referred to the Committee of the Whole and the meeting be scheduled for June 20, 2005 at 6.00 P.M. #464 — INCREASE PARKING TICKETS TO $25.00 Councillor Furey offered the following report for the Committee on Government Services. It was voted to accept the report. Councillor O'Keefe moved that the matter be referred to the Committee of the Whole. Councillor O'Leary moved that the matter be tabled. The matter was tabled by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Veno, O'Leary, Lovely, Harvey, Furey and Bencal were recorded as voting in the affirmative. Councillors Sosnowski, Sargent, Pelletier, O'Keefe and Corchado were recorded as voting in the negative. The Committee on Government Services to whom was referred the matter of increasing the Parking ticket fines to $25.00. The matter was tabled. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #465 — COMMUNICATION FROM CAPT. CALLAHAN OF POLICE TRAFFIC DIVISION A communication from Capt. Robert Callahan of the Police Traffic Division informing the City Council of the closing of sections of Washington and Essex Street for the preparation and dedication from TVLand for the unveiling of the Bewitched Statue scheduled for Wednesday, June 15, 2005 at 8.30 A.M. #466 -#467 -#468 — CONDUITS ON CHESTNUT, CAMBRIDGE, LATHROP, AND HIGH STREETS A hearing was ordered for June 14, 2005 on the petition of Comcast for conduit locations on Chestnut, Cambridge, Lathrop and High Streets. 136 CITY OF SALEM MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL #469 — BLOCK PARTY The Block Party request for Scenic Avenue scheduled for July 23, 2005 was granted. #470 -#471 LICENSE APPLICATIONS The following License applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. Fortunetelling Store Angelica of the Angels, 7 Central Street, Salem Employee: Barbara Szfranski, 611, Broadway, Lynnfield George Fraggas, 611 Broadway, Lynnfield Taxi Operator Albert Hill, 68 Dane Street, Beverly Richard D. McMahon, 14 Beech St., Lowell Prachanda Adhikart, 8 Lathrop St., Salem Betsy R. McNaughton, 98 Newbury St., Danvers #472 -#475 — DRAINLAYER/CONTRACT OPERATOR LICENSES The following Drainlayer/Contract Operator Licenses were granted. FRE Building Co., Inc., 290 Eliot Street, Ashland JJ Welch & Co., Inc., 27 Congress Street, Salem Moran Masonry, 764 Salem Street, Groveland Raffaele Construction, 49 Tracy Avenue, Lynn #476 -#480 — CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affai rs. Travis M. Cormier, 6 Station Rd., Salem Maureen Roderick, 18 Scenic Ave., Salem Robert Roderick, 18 Scenic Ave., Salem Vanessa Rowsell, 83 Cutterhill Rd., Arlington Ron J. Theriault, 5 Daigle Rd., Lynn CITY OF SALEM 137 MAY 26, 2005 REGULAR MEETING OF THE CITY COUNCIL #481 -#484 — BONDS The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affai rs. DRAINLAYER FRE Building Co., Inc., 290 Eliot St., Ashland JJ Welch & Co. Inc., 27 Congress St., Salem Moran Masonry, 764 Salem St., Groveland CONSTABLE Ronald F. Ledwell, 484 Off Green St., Weymouth (#401) — ORDINANCE TRAFFIC — SEC. 75, RESIDNET PARKING, ASH STREET The matter of second and final passage of an ordinance amending Traffic, Resident Sticker Parking on Ash Street was taken up. The ordinance was adopted for second and final passage. (#402) — ORDINANCE TRAFFIC — SEC. 50113, HANDICAP PARKING, HERITAGE DRIVE The matter of second and final passage of an ordinance amending Traffic, Handicap Parking, Tow Zone, Heritage Drive was taken up. The ordinance was adopted for second and final passage. On the motion of Councillor Sosnowski the meeting adjourned at 9.35 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK