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MINUTES - Regular - 12/8/2005 CITY OF SALEM 293 DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 8, 2005 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on December 2, 2005 at 10.17 A.M. All Councillors were present. 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. Council President Bencal requested and received unanimous consent to suspend the rules for a moment of silence for Doctor Cunney, Mrs. Kulik and Mrs. O'Shea who recently passed away. #860 — TAKE OUT OF ORDER COMMITTEE REPORT FOR ADMINISTRATION AND FINANCE REGARDING BUDGET DEFICIT Councillor Veno moved to take out of order, under Committee Reports, regarding the matter of an action plan to fill the Fiscal Year 2006 deficit. It was so voted. Councillor Veno 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 action plan to fill the Fiscal Year 2006 deficit, has considered said matter and would recommend that accepting the action plan as presented, through the various orders, recognizing that the free cash amount has changed. #861 —APPR. OF $1,000,000.00 FROM STABILIZATION FUND TO REDUCE AMOUNT TO BE RAISED BY TAXATION Councillor Veno moved to take out of order, under Communications from the Mayor, regarding an Appropriation. It was so voted. Councillor Veno requested and received unanimous consent to suspend the rules and adopt an appropriation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. ORDERED: That the sum of One Million Dollars ($1,000,000.00) is hereby appropriated from the "Stabilization Fund" to reduce the gross amount to be raised by taxation when the Fiscal Year 2006 Tax Rate is set in accordance with the recommendation of the Mayor. 294 CITY OF SALEM DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL Councillor Veno moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #862 —APPR. OF $864,669.00 FROM "RECEIPTS RESERVED" TO REDUCE AMOUNT TO BE RAISED BY TAXATION 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 Eight Hundred Sixty-Four Thousand, Six Hundred and Sixty- Nine Dollars ($864,669.00) is hereby appropriated from the following "Receipts Reserved for Appropriation" accounts to reduce the gross amount to be raised by taxation when the Fiscal Year 2006 tax rate is set in accordance with the recommendation of His Honor the Mayor. Receipts Reserved —Witch House $149,746.00 Receipts Reserved — Golf Course-WI $500,000.00 Receipts Reserved — Harbormaster $214,923.00 $864,669.00 Councillor Veno moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #863 —APPR. OF $600,000.00 FROM "CAPITAL OUTLAY" TO REDUCE AMOUNT TO BE RAISED BY TAXATION 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 Six Hundred Thousand Dollars ($600,000.00) is hereby appropriated from the following "Capital Outlay Fund" accounts to reduce the gross amount to be raised by taxation when the Fiscal Year 2006 tax rate is set in accordance with the recommendation of His Honor the Mayor. Councillor Veno moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Harvey assumed the presidents chair. CITY OF SALEM 295 DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL #864 — ORDER TO REDUCE SCHOOL BUDGET The following Order, recommended by the Mayor, was adopted under suspension of the rules by roll call vote of 7 yeas, 3 nays, 0 absent, 1 present. Councillor Veno, Sosnowski, Sargent, O'Keefe, Harvey, Furey and Corchado were recorded as voting in the affirmative. Councillor Pelletier, O'Leary, and Lovely were recorded as voting in the negative. Councillor Bencal was recorded as voting present. ORDERED: That the FY 2006 General Fund School Budget portion of the Annual Appropriation be REDUCED by the sum of Five Hundred Thousand Dollars ($500,000.00) in order to balance the FY 2006 Budget in accordance with the recommendation of His Honor the Mayor. Councillor Bencal moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Bencal assumed the Chair. #865 —APPR. OF $274,694.00 FROM "FUND BALANCE — FREE CASH" TO REDUCE AMOUNT TO BE RAISED BY TAXATION 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 Two Hundred Seventy-Four Thousand, Six Hundred and Ninety-Four Dollars ($274,694.00) is hereby appropriated from the following "Fund Balance — Free Cash" accounts to reduce the gross amount to be raised by taxation when the Fiscal Year 2006 tax rate is set in accordance with the recommendation of His Honor the Mayor. Councillor Veno moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #866 —APPR. OF $121,500.00 FROM VARIOUS OVERLAY ACCOUNTS 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 One Hundred Twenty-One Thousand, Five Hundred Dollars ($121,500.00) is hereby appropriated from the following "Overlay" accounts to reduce the gross amount to be raised by taxation when the Fiscal Year 2006 tax rate is set in accordance with the recommendation of His Honor the Mayor. Prov for Abatement and Exemption 2005 $100,000.00 296 CITY OF SALEM DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL Prov for Abatement and Exemption 2004 $ 20,000.00 Prov for Abatement and Exemption 2002 $ 1,500.00 $121,500.00 Councillor Veno moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #867 —APPR. $30,000.00 FOR "PUBLIC SERVICES — SEWER VEHICLE PARTS & MAINTENANCE" The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated from "Retained Earnings — Sewer Fund" account to "Public Services — Sewer Vehicle Parts & Maintenance" account in accordance with the recommendation of His Honor the Mayor. #868 —APPR. $10,000.00 FOR "PUBLIC SERVICES —WATER — POLICE DETAIL" 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 Dollar ($10,000.00) is hereby appropriated from "Retained Earnings —Water Fund" account to "Public Services —Water— Police Detail" account in accordance with the recommendation of His Honor the Mayor. #869 — ORDINANCE AMENDING RATES AND CHARGES FOR WATER USE The following Order, recommended by the Mayor, was voted to refer the matter back to the Mayor. In the year two thousand and five An Ordinance to amend an Ordinance relative to the allowance of a discount for payment of residential water bills within 15 days of issue. Section 1. The residential discount for payment within 15 days as referenced in Chapter 46, Section 46-66 is hereby amended by striking subsection (d) in its entirety, effective immediately. Section 2. This Ordinance shall take effect as provided by City Charter. CITY OF SALEM 297 DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL #870 — RESIDENTIAL FACTOR Councillor Veno introduced the following Order. ORDERED: That the City of Salem adopt a Residential Factor of 86.7047% for fiscal year 2006. Councillor O'Keefe moved that the City Council approve a residential factor of 86.5267%. Councillor Furey moved that the City Council approve a residential factor of 86.8850%. Councillor Furey's motion was defeated by a roll call vote of 3 yeas, 8 nays, 0 absent. Councillors Veno, Sosnowski and Furey were recorded as voting in the affirmative. Councillors Sargent, Pelletier, O'Leary, O'Keefe, Lovely, Harvey, Corchado and Bencal were recorded as voting in the negative. Councillor O'Leary moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Veno moved to adopt a residential factor of 86.7047%. The motion was adopted by roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillors O'Leary, O'Keefe, Lovely and Harvey were recorded as voting in the negative. Councillor Veno moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #871 — OPEN SPACE EXEMPTION Councillor Veno introduced the following Order, which was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Veno moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. ORDERED: That the City of Salem NOT adopt an Open Space Exemption for fiscal year 2006. #872 — RESIDENTIAL EXEMPTION Councillor Veno introduced the following Order, which was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. 298 CITY OF SALEM DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL Councillor Veno moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. ORDERED: That the City Council NOT adopt a Residential Exemption for fiscal year 2006. #873 — SMALL COMMERCIAL EXEMPTION Councillor Veno introduced the following Order, which was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Veno moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. ORDERED: That the City of Salem NOT adopt a Small Commercial Exemption for fiscal year 2006. Councillor Veno moved to return to the regular order of business. It was so voted. Councillor Sargent moved and received unanimous consent for suspension of the rules to go to Appointments. #874 —APPT. OF RACHEL N. LUTTS TO PLUMMER HOME The Mayor's reappointment of the Rachel N. Lutts to serve as a member of the Board for the Plummer Home for Boys for a term to expire February 1, 2010, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Furey asked and received unanimous consent to suspend the rules to allow Ms. Lutts to speak. Councillor O'Leary moved to have a letter and seal sent to Mr. Paul Higgins. It was so voted. #875 -#876 — REAPPT. CONSTABLES The Mayor's reappointment of the following Constables for terms as designated, was received and filed. Richard C. Hardy, 52B Maple Street, Millbury, term expires January 27, 2009 Deyanira I. Lugo, 25 Harbor Street, Salem, term expires December 20, 2006 Councillor Sargent moved to return to the regular portion of the agenda, Executive Session. It was so voted. CITY OF SALEM 299 DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL (#877) — EXECUTIVE SESSION Councillor O'Leary moved to take out of order, under Communication from the Mayor the request from Attorney Kevin Daly, to hold an Executive Session to discuss a potential settlement. It was so voted. Councillor O'Leary moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session, and at the end of the Executive Session, the regular meeting shall continue It was so voted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. See end of meeting for minutes of Executive Session. Following the Executive Session, Councillor Veno moved that the regular meeting be continued. It was so voted. #878 — GRANTING 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 Sylvia M. Martinez, 173 Essex St., Salem FORTUNETELLING The Goddess' Treasure Chest, 173 Essex St., Salem STORE Employees: Al Forbes, 47 Waumbeck St., Dorchester Sandra Johnson, 256 Whipple St. Elizabeth Chapman, 914 Nottingham Rd., Karen Rego, 191 Taramac Rd., Beverly Erika Hahn, 8 Trickett St., N. Falmouth Pyramid Books Inc., 214 Derby St., Salem Employees: Beverly Anderson, 216 Lafayette St., Salem Doug Johnson, 116 Lafayette St., Salem Mary Beth Bruce, 26 Beacon St. #8, Burlington PUBLIC GUIDE Richard Metzger, 25 Shepard St., Marblehead Susan P. Metzger, 25 Shepard St., Marblehead Michael Metzger, 25 Shepard St., Marblehead James McAllister, 86 Federal St., Salem 300 CITY OF SALEM DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL Betsey V. Jackson, 62 Basse Rd., Lynn Ruth Wall, 13 Crombie St., Salem SEAWORM John M. Silva, 10 Almedia St., Salem SECOND HAND Salem Used Furniture & Antiques, 107'/2 Bridge St., Salem VALUABLE Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem VEHICLE FOR HIRE Salem Surrey Bike Tours, 25 Shepard St., Marblehead #879 — (#791) —APPR. CEMETERY— SEASONAL EMPLOYMENT Councillor Veno offered the following report of 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$6,000.00 from "Receipts Reserved — Sale of Vaults" account to "Cemetery — Seasonal Employment" account has considered said matter and would recommend approval. #880 — (#795) — SALE OF LAND TO THE COMMONWEALTH FOR COURTHOUSE Councillor Lovely offered the following report of the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. The Committee on Community and Economic Development to whom was referred the matter of the City Council authorize to sell to the Commonwealth for $1.00 and other valuable consideration the property owned by the City of Salem reflected in Exhibit A for the purpose of construction of a new courthouse and related and concurrent uses, has considered said matter and would recommend approval. Councillor Lovely moved to return to Motions, Orders and Resolutions. It was so voted. #881 — (#744—#831 —#831A) HOME RULE PETITION FOR IL BOCCA ITALIANO RESTAURANT Councillor Lovely introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. CITY OF SALEM 301 DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Home Rule Petition for a liquor license for II Bocca Italiano Restaurant that was adopted in the Meeting of November 17, 2005, be put back before the City Council for a roll call vote. Councillor Lovely moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Lovely moved to return to Committee Reports. It was so voted. #882 — CARRY FORWARD COMMITTEE MATTERS INTO 2006 Councillor Lovely offered the following report of 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 in Committee, has considered said matter and would recommend that they be carried forward into 2006 as well as all matters before all other committees. #883 -#909 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. 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 Katherine Christensen, PO Box 442, Salem JUNK DEALER I. Talkowsky & Son Inc., 18 Phillips St., Salem PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem 302 CITY OF SALEM DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL 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 '/2 Bridge 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 #910 — DRAINLAYER / CONTRACT OPERATOR LICENSE The following Drainlayer/ Contract Operator License application was granted- P.F. Gallo & Sons, Inc., 51 Shelton Road, Swampscott CITY OF SALEM 303 DECEMBER 8, 2005 REGULAR MEETING OF THE CITY COUNCIL #911 -#916 — CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affai rs. James Filaccio, 9 Orleans Ave., Salem Joel Leinson, 193 Jefferson Ave., Salem Joel Leinson, 193 Jeffferson Ave., Salem Faith Kramer, 21 Canterbury Road, Marblehead Kristy Cheever, 23 Willson St., Salem Kevin Sinclair, 13 Highland St., Salem #917 -#918 — BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Richard C. Hardy, 52B Maple St., Millbury Deyanira Lugo, 25 Harbor St., Salem DRAINLAYER P.F. Gallo & Son, Inc., 51 Shelton Road, Swampscott Councillor O'Leary presented outgoing President Bencal with a gift. Councillor Lovely presented Councillor Harvey with a gift in recognition for 20 years of dedication as a City Councillor from his constituents. On the motion of Councillor Harvey, the meeting adjourned at 9.50 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK