MINUTES - Regular - 10/27/2005 CITY OF SALEM 245
OCTOBER 27, 2005
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
October 27, 2005 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on October 21, 2005 at 8.48 A.M.
Councillor Veno was absent. Councillors Lovely, O'Keefe and Pelletier arrived late.
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.
#765 — LEASES FOR VETERANS ORGANIZATIONS
A Communication from the Mayor, submitting various leases for Veterans Organizations for
the period of July 1, 2005 through June 30, 2006, was adopted by a roll call vote of 7 yeas, 0 nays,
4 absent. Councillors Sosnowski, Sargent, O'Leary, Harvey, Furey, Corchado and Bencal were
recorded as voting in the affirmative. Councillors Veno, Pelletier, O'Keefe and Lovely were
recorded as absent.
#766 —ACCEPT M.G.L. CHAP. 138, SEC. 33B, SALE OF ALCOHOL ON SUNDAYS AND
HOLIDAYS
The following Order was received from the Mayor.
ORDERED: That the City of Salem hereby accepts Mass. General Law Chapter 138,
Section 33B Sales of alcoholic beverages by on-premise licensee on Sundays and on certain legal
holidays; sales between 11.00 a.m. and 12.00 noon,
Councillor O'Leary moved to refer the matter to the Committee on Ordinances, Licenses and
Legal Affairs. It was so voted.
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OCTOBER 27, 2005
REGULAR MEETING OF THE CITY COUNCIL
#767 —ACCEPT DONATION OF STATUE AT FORT LEE
The following Order recommended by the Mayor, was adopted.
ORDERED: That the City of Salem hereby accepts the following goods and/or services
being donated to honor all Veterans of War.
DONOR DONATION ESTIMATED VALUE
Korean War Veterans Statue To be determined
Of the North Shore
#768 — PROPER DISPLAY OF FLAGS ON BOSTON STREET
Councillor O'Leary introduced the following order, which was adopted.
ORDERED: That the Mayor's representative for community events insure that the flags on
display on Boston Street are properly displayed and to correct those that are not immediately.
#769 — RESOLUTION IN OPPOSITION OF PROJECT ON THE SALEM / MARBLEHEAD LINE
Councillor Lovely and Harvey introduced the following Resolution.
Councillor O'Leary amended to include that the City of Salem has not given an easement to
allow Marblehead to cross property. The Resolution was adopted as amended by roll call vote of
10 yeas, 0 nays, 1 absent and referred to the Committee of the Whole. Councillors Sosnowski,
Sargent, Pelletier, O'Leary, O'Keefe, Lovely, Harvey, Furey, Corchado and Bencal were recorded
as voting in the affirmative. Councillor Veno was recorded as absent.
RESOLUTION:
WHEREAS: the Salem City Council has been contacted by a large number of concerned Salem
Citizens relative to KSS Realty Partners 40B Project, Lafayette Tides, 385 Lafayette
Street, Marblehead, MA and the direct adverse impact it will have on both Salem and
Marblehead residents; and
WHEREAS: this project will have negative effects on traffic and pedestrian safety at an already
very dangerous entrance corridor into and out of Salem and Marblehead; and
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REGULAR MEETING OF THE CITY COUNCIL
WHEREAS: the current design is extremely dense and has absolutely no redeeming exterior
features. As built, the project would take away from the character of the immediate
residential area; and
WHEREAS: several members of the City Council diligently opposed this project when it recently
came before the Salem Planning Board; and
WHEREAS: the environmental issues and remediation relative to the site raise dire concerns for
the health and safety of both Salem and Marblehead residents; and
WHEREAS: the City Council has not given easement to allow Marblehead to cross the property.
THEREFORE; we the Salem City Council hereby go on record to oppose this project and
respectfully request that the Marblehead Board of Selectmen reject the project as a
whole.
#770 — FINANCIAL REPORT OF SEPTEMBER 30, 2005
Councillor Sosnowski introduced the following order, which was adopted.
ORDERED: That the September 30, 2005 Financial Report be received and placed on file.
#771 — P.J. JHAVERI WORK AS NON PAID CITIZEN
Councillor Harvey introduced the following order, which was adopted.
ORDERED: That P. J. Jhaveri, 9 Crescent Drive, be commissioned to work with the City
Council as a non-paid citizen helping the community as a civil engineer.
#772 — (#759, #761, #762) — 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.
TAXI OPERATOR Richard A. Hudson, 33 Franklin St., Salem
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REGULAR MEETING OF THE CITY COUNCIL
TAXI OPERATOR Michael N. Paciulli, 50 Jenness St., Lynn
LIMOUSINE Hudson Transportation Services, 33 Franklin St., Salem (1 Limo)
TAG DAY S.H.S. Music & Drama, November 26, 2005
S.H.S. Girls & Boys Basketball Team & Cheerleaders, January 7, 2006
and January 21, 2006
#773 — (#657) — BOND ORDER OF $10,183,000.00 FOR HIGH SCHOOL
Councillor Lovely offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation.
Councillor Lovely requested and received unanimous consent to allow Mr. Bruce Guy and
Dr. Callahan to speak.
Councillor Lovely requested and received unanimous consent to allow Mr. Paul L'Heureux
to speak.
The Committee on Administration and Finance, to whom was referred the matter of a bond
order in the amount of$10,183,000.00 for the Salem High School has considered said matter and
would recommend first passage. It was adopted for first passage by roll call vote of 10 yeas, 0
nays, 1 absent. Councillors Sosnowski, Sargent, Pelletier, O'Leary, O'Keefe, Lovely, Harvey,
Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillor Veno was
recorded as absent.
Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
#774 — (#674) - MARLBOROUGH ROAD IMPROVEMENT PROJECT
Councillor O'Leary 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 Marlborough Road
improvement project and DiBiasi project, has considered said matter and would recommend that
the City Engineer verify the location and condition of the gas and water shutoffs on Marlborough
Road and report back to the City Council by November 15, 2005.
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REGULAR MEETING OF THE CITY COUNCIL
#775 — (#674) - MARLBOROUGH ROAD IMPROVEMENT PROJECT
Councillor O'Leary 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 Marlborough Road
improvement project and DiBiasi project, has considered said matter and would recommend that
the concerns raised at the meeting of October 19, 2005 be addressed by November 30, 2005.
#776 — FOUR WAY STOP SIGN AT DERBY STREET INTERSECTION AT CONGRESS STREET
Councillor Corchado offered the following report for the Committee on Public Health, Safety
and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment, to whom was referred the matter
of the installation of traffic lights at the intersection of Derby Street, Hawthorne Boulevard and
Congress Street has considered said matter and would recommend that the temporary stop sign
become semi-permanent up until funding for the installation of traffic lights and updated design of
the intersection be aggressively sought after by the appropriate City Departments.
#777 — PETITION FROM AFSCME COUNCIL 93, TO MEET WITH CITY COUNCIL
A request from AFSCME Council 93 to meet with City Council to discuss labor relations,
was referred to the Committee of the Whole.
#778 — CONDUIT LOCATION ON BOTTS COURT
A hearing was ordered for November 3, 2005 on the petition of Verizon for an underground
conduit on Botts Court.
#779 -#783 — LICENSE APPLICATIONS
The following Licenses applications were referred to the Committee on Ordinances,
Licenses and Legal Affairs.
FORTUNETELLING Gloria Ward, 12 Pearl St., Salem
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REGULAR MEETING OF THE CITY COUNCIL
SECOND HAND R.J. Coins, 72 Wharf St., Salem
VALUABLE Record Exchange, 256 Washington St., Salem
Salem Coin & Jewelry, 149 North St., Salem
TAG DAY Salem/Swampscott Youth Hockey, December 17, 2005
#784 -#788 — CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal
Affai rs.
David S. Barter, 228 Cabot St., Beverly
Judith A. Conn, 18 Valiant Way, Salem
Georgette Pied, 12 Buchanan Road, Salem
Margo W.R. Steiner, 102 Washington St., Marblehead
Timothy C. Summit, 22 Sherman St., Peabody
(#745) — ORDINANCE AMENDING TRAFFIC, NO PARKING, NAUMKEAG STREET
The matter of second and final passage on an Ordinance amending Traffic, Chapter 42,
Section 74, No Parking, Naumkeag Street, was then taken up. The Ordinance was adopted for
second and final passage.
(#730) — RECONSIDERATION OF VOTE ON APPOINTMENT OF S. AARON UDY
Councillor Bencal moved reconsideration of the vote taken on October 13, 2005 confirming
the appointment of S. Aaron Udy to the Commission on Disabilities. Reconsideration was
withdrawn.
(#731) — RECONSIDERATION OF VOTE ON REAPPOINTMENT OF WALTER B. POWER, III
Councillor Bencal moved reconsideration of the vote taken on October 13, 2005 confirming the
reappointment of Walter B. Power III to the Planning Board. Reconsideration was withdrawn.
On the motion of Councillor Sosnowski the meeting adjourned at 8.15 P.M.