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MINUTES - Regular - 6/9/2005 138 CITY OF SALEM J U N E 9, 2005 REGULAR MEETING OF THE CITY COUNCIL 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. CITY OF SALEM 139 J U N E 9, 2005 REGULAR MEETING OF THE CITY COUNCIL (#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 140 CITY OF SALEM J U N E 9, 2005 REGULAR MEETING OF THE CITY COUNCIL 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 CITY OF SALEM 141 J U N E 9, 2005 REGULAR MEETING OF THE CITY COUNCIL 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 142 CITY OF SALEM J U N E 9, 2005 REGULAR MEETING OF THE CITY COUNCIL 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 14t" 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 CITY OF SALEM 143 J U N E 9, 2005 REGULAR MEETING OF THE CITY COUNCIL 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. 144 CITY OF SALEM J U N E 9, 2005 REGULAR MEETING OF THE CITY COUNCIL 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. CITY OF SALEM 145 J U N E 9, 2005 REGULAR MEETING OF THE CITY COUNCIL 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 Affai rs. 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 146 CITY OF SALEM J U N E 9, 2005 REGULAR MEETING OF THE CITY COUNCIL #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 50113, 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 51 B, 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 51 B, 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