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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. 246 CITY OF SALEM 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 CITY OF SALEM 247 OCTOBER 27, 2005 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 248 CITY OF SALEM OCTOBER 27, 2005 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. CITY OF SALEM 249 OCTOBER 27, 2005 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 250 CITY OF SALEM OCTOBER 27, 2005 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.