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MINUTES - Regular - 1/12/2006 CITY OF SALEM 307 JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 12, 2006 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 6, 2006 at 11.48 A.M. Councillor Furey arrived late at 7.03 P.M. Council President Jean M. Pelletier presided. Councillor Lovely moved to dispense with the reading of the record of the previous meeting. It was so voted. President Pelletier requested that everyone please rise to recite the Pledge of Allegiance. #4 —APPT. OF KATHLEEN WINN AS ASST. DIRECTOR OF PLANNING & COMMUNITY DEVELOPMENT Mayor's appt. of Kathleen Winn to serve as Assistant Director of Planning and Community Development for a term to expire on January 31, 2008 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor O'Leary requested and received unanimous consent to allow Ms. Winn to speak. #5 —APPR. OF $7,960.00 TO CEMETERY— BURIAL 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 Seven Thousand Nine Hundred and Sixty Dollars ($7,960.00) is hereby appropriated from the "Receipts Reserved — Sale of Vaults" account to "Cemetery— Burial" account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #6 — COMMUNICATION FROM MAYOR DRISCOLL TO ADDRESS THE CITY COUNCIL The following letter of communication was received from the Mayor. 308 CITY OF SALEM JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL Honorable Salem City Council 93 Washington Street Salem, MA 01970 Re: Anticipated Budget Shortfall Ladies and Gentlemen of the Council: In accordance with section 19 of the City Charter, I am hereby requesting an opportunity to address the Council at the upcoming January 12t" meeting pertaining to the anticipated Fiscal Year 2006 operating budget shortfall. As you know, I have been working with Department Heads to quantify the estimated operational deficit. This is the first step along the way to closing this mounting budget gap. The majority of the deficit is related to the City's Health Insurance Trust Account, which was under funded by approximately $2.2 million dollars. The Health Insurance Trust account funds employee and retiree health insurance costs, a portion of which are paid for by employee/retiree contributions. Unfortunately, the City did not adopt a budget that fully funded the City's share of this expenditure, resulting in a multi-million dollar shortage which must be addressed by the close of the fiscal year on June 30t". In addition, there are a host of other accounts that will also require supplemental appropriations in order to fund expenditures through the remainder of this fiscal year. For example, both Police Department and Fire Department overtime accounts were funded at levels less than prior year expenditures, along with several line-items in the Public Works budget. I will provide the Council with an outline of these requests at Thursday's meeting. While some of these items may be deferred or rejected due to fiscal restraints, the bulk of the anticipated expenditures are necessary and will need to be paid. At present, the anticipated shortfall for this budget year totals in excess of$3,000,000.00. Now that the anticipated actual expenditures have been quantified, we will be (and have been) working with Department Heads on mechanisms to address the deficit. I expect that this will involve a combination of new revenues, budget cuts, and major re-organization of many departments. We will undertake this effort with an eye toward the Fiscal Year 2007 budget which will be equally as challenging, given the fact that we have very little reserves and have used a host of one time revenue sources to balance this year's budget. Despite the difficulties ahead, I do believe that this crisis provides us with an opportunity to re-invent our local government operations to better serve the citizens of Salem. I envision working closely with the Council on mechanisms to close the budget shortfall and will proceed with all due haste, given that we have less than six months remaining in this fiscal year. I thank you in advance for your cooperation as we, together, face the very daunting challenges ahead. Very truly yours, Mayor Kimberley Driscoll CITY OF SALEM 309 JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL Councillor Sosnowski requested and received unanimous consent to allow Mayor Driscoll to make a presentation on the estimated Fiscal Year 2006 Budget deficit. Mayor Driscoll presented the following to the City Council: Estimated Fiscal Year 2006 Budget Deficit Health Insurance and Employee Benefits $2,220,000.00 Public Safety $ 450,347.00 Fire Overtime $ 184,000.00 Police Overtime $ 153,347.00 Police — Medical/Dental/Retirement $ 58,000.00 Fire — Medical/Dental/Retirement $ 55,000.00 Education $ 385,000.00 SPED Out of District Expenditures $ 350,000.00 Fire Alarm System at Collins Middle $ 35,000.00 Public Works $ 267,000.00 Solid Waste Collection $ 127,000.00 General Public Works Improvements $ 90,000.00 Vehicle Parts/Maintenance $ 50,000.00 Miscellaneous General Government $ 127,410.09 Utilities $ 70,214.84 Legal $ 57,300.00 Total Estimated Fiscal Year 2006 Budget Deficit $3,577,271.93 Mayor Driscoll took questions from the City Council. Council President Pelletier opened questions from the audience. Council President Pelletier thanked the Mayor for keeping Council informed. 310 CITY OF SALEM JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL #7 — ORDINANCE AMENDING TRAFFIC PARKING PROHIBITED WASHINGTON STREET Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year two thousand and six An Ordinance to amend an Ordinance relative to Traffic, Parking Prohibited. Be it ordained by the City Council in the City of Salem, as follows: Section 1. Chapter 42, Section 51, is hereby amended by adding the following: Washington Street, easterly side, northerly direction from Church Street to Federal Street, Restricted Parking, "Marked Police Vehicles Only" Section 2. This Ordinance shall take effect as provided by City Charter. #8 — FINANCIAL REPORT OF OCTOBER 31, 2005 Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Financial Report of October 31, 2005 be received and placed on file. #9 — FINANCIAL REPORT OF NOVEMBER 30, 200 Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Financial Report of November 30, 2005 be received and placed on file. #10 — COMMITTEE OF THE WHOLE MEET RE: RESTRICTION / LIMITATION OF PITBULLS Councillor Furey introduced the following Order, which was adopted as amended. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the restriction, limitation or even illegalization of pitbulls in the City of Salem. Invited to this meeting should be the City Solicitor (Attorney Rennard) and the Dog Constable (Don Famico). CITY OF SALEM 311 JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Leary amended the order to include a copy of the dangerous dog ordinance for the meeting. It was so voted. Councillor Sosnowski amended to invite local Veteranarians and the Park and Recreation Director. It was so voted. Councillor Bencal amended to refer the matter to the Committee of the Whole. It was so voted. The Order was adopted as amended as follows: ORDERED: That the Committee of the Whole meet to discuss the restriction, limitation or even illegalization of pitbulls in the City of Salem. That a copy of the Dangerous Dog Ordinance be supplied for the meeting. Invited to this meeting should be the City Solicitor (Attorney Rennard), the Dog Constable (Don Famico), the Park and Recreation Director and Salem Veteranarians. #11 —ADVISE CITY COUNCIL OF EXPENSES & INCOME REGARDING HAUNTED HAPPENINGS 2005 Councillor O'Keefe introduced the following Order. It was adopted as amended. ORDERED: That the Committee on Administration and Finance advise the City Council of any and all expenses incurred by any and all city departments, boards or commissions the so called 2005 Haunted Happenings festivities. Councillor Bencal amended to include income received as part of Haunted Happenings. It was so voted. The Order was adopted as amended as follows: ORDERED: That the Committee on Administration and Finance advise the City Council of any and all expenses incurred, and income received by any and all city departments, boards or commissions the so called 2005 Haunted Happenings festivities. #12 — FUTURE OF SALEM MAIN STREETS PROGRAM Councillor Lovely introduced the following Order, which was adopted ORDERED: That the Salem Main Streets Initiative Board of Directors and the Planning Department be invited to attend the Committee on Community and Economic Development to discuss the direction and future of the program. 312 CITY OF SALEM JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL #13 - AN ACT FOR AN ADDITIONAL LICENSE FOR ALCOHOL FOR RISTORANTE GIOIA, INC. Councillor Lovely introduced the following Order, which was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. ORDERED: That a petition to the General Court, accompanied by a bill for certain additional liquor license notwithstanding the provisions of Section 17, of Chapter 138 of the General Laws as set forth below, be filed with an attested copy of this order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that legislation be adopted precisely as follows, except for editorial changes of form only; AN ACT authorizing the City of Salem to issue an additional license for the sale of alcoholic beverages. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: Section 1. Notwithstanding the provisions of Section 17, of Chapter 138 of the General Laws, the licensing authority of the City of Salem may issue an annual fulltime license for the sale of Beer and Wine to be drunk on the premises under Section 12 of Said Chapter 138 to Ristorante Gioia Inc., d/b/a Ristorante Gioia, located at 140 Washington Street, Salem, MA. The license shall be subject to said Chapter 138 except transfer of the license to any other person, organization, corporation, or location separate from the sale of the entire business known as Ristorante Gioia, Inc. d/b/a Ristorante Gioia. Section 2. This act shall take effect upon its passage. #14 — PORTRAIT OF PRESIDENT GEORGE WASHINGTON BE MOVED TO COUNCIL CHAMBER Councillors Lovely and Pelletier introduced the following Order, which was adopted. ORDERED: That the portrait of the Honorable President George Washington be moved from its present location of the stairwell in Salem City Hall to the more appropriate location in City Council Chambers behind the City Council President. #15 — MEET WITH DISTRICT ATTORNEY REGARDING OPEN MEETING LAW Councillor Lovely introduced the following Order, which was adopted as amended. CITY OF SALEM 313 JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the District Attorney or his designee be invited to address the City Council Committee of the Whole relative to the Open Meeting Law. Councillor O'Keefe amended to also invite Representative John Keenan and Acting City Solicitor Rennard. It was so voted. The Order was adopted as amended as follows: ORDERED: That the District Attorney or his designee be invited to address the City Council Committee of the Whole relative to the Open Meeting Law. And that Representative John Keenan and Acting City Solicitor Rennard be invited. #16 — FORM A BIKE PATH COMMITTEE Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the Mayor form a Bike Path Committee who's function shall be to assist the Planning Department in the identification, design, construction, and implementation of bike paths through the City of Salem. #17 — GRANTING CERTAIN LICENSES Councillor Lovely 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 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 314 CITY OF SALEM JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL Employees: Barbara Szafranski, 611 Broadway, Lynnfield Tory MacNeil, 535R Essex Ave., Gloucester JUNK DEALER I. Talkowsky & Son Inc., 18 Phillips St., Salem PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem 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 Boston 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 CITY OF SALEM 315 JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL #18 — (#867) —APPR. PUBLIC SERVICES — VEHICLE PARTS & MAINTENANCE Councillor O'Leary 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 Appropriation of$30,000.00 for Public Services — Sewer- Vehicle Parts and Maintenance, has considered said matter and would recommend approval. #19 — (#868) —APPR. PUBLIC SERVICES — POLICE DETAIL Councillor O'Leary 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 Appropriation of$10,000.00 for Public Services —Water— Police Detail, has considered said matter and would recommend approval. #20 — COMMUNICATION FROM VETERAN'S AGENT REGARDING VETERANS SQUARE A communication from Jean-Guy Martineau, Veterans' Agent, regarding a request from Linda Smith for the naming of a Veterans' square was referred to the Committee on Government Services. #21 — REQUEST OF SALEM CULTURAL COUNCIL FOR EXEMPTION A request from Paula Beaulieu that the City Council as the Legislative body exempt Lisa Brooke of the Salem Cultural Council from conflict of interest, to allow her to apply for a grant. It was granted. #22 -#29 — LICENSE APPLICATIONS The following Licenses applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. FORTUNETELLING STORE Angelica of the Angels, 7 Central St., Salem (Employee only) Employee: Katherine Christensen, 257 Washington St., Salem 316 CITY OF SALEM JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL JUNK DEALER Fred Hutchinson, 15 Robinson Road, Salem SEAWORMS Jose M. Machado, 3 Emmett St., Peabody SECOND HAND VALUABLE Bernard's, 179 Essex St., Salem Filigree & Fancy, Wharf St., Salem R.A. DiFillipo Antiques, 55 Lafayette St., Salem TAXICAB Community Taxi, 27R Caller St., Peabody Family Taxi, 201 Washington St., Salem Salem Taxi, 201 Washington St., Salem Tri-City Services Inc., 55R Walnut St., Peabody LIMOUSINE Family Taxi, 201 Washington St., Salem Salem Taxi, 201 Washington St., Salem Tri-City Services Inc., 55R Walnut St., Peabody TAXI OPERATOR Randall J. Enos, 655 Western Ave., Lynn David Beauchamps, 126 Orchard Hill Rd., Bradford Colleen Gray, 109 Steeple St., Revere James R. Cloutman, 19 Rainbow Ter., Salem Genaro Roman, 26 Prince St. #4, Salem Elizabeth A. Mullen, 9 Munroe Court, Peabody William C. Morgan, 276 Rantoul St., Beverly James F. Antoszewski, 176 Lynnfield St., Peabody Joseph Bain, 6 Pulaski St., Peabody Lamont Chisholm, 16 Park St., Salem Raoul Charles, 437 Elliott St., Beverly Carl W. Herwig, 168 Washington St., Peabody Daniel B. Padgett, Jr., 12 Grafton St., Salem Albert W. Calman, 47 Franklin St., Salem Michael Paciulli, 50 Jenness St., Lynn Ramon Espinal, 12 Mt. Vernon St. #2, Salem #30 -#62 — DRAINLAYER / CONTRACT OPERATOR LICENSES The following Drainlayer/ Contract Operator Licenses were granted. Atlantic Paving Corp., 240 Canal St., Salem Advanced Industries, Inc., 106 Oakville St., Lynn Caruso & McGovern Construction Inc., 1 Industrial Way, Georgetown D & W Contractors, 150 Pleasant St., Reading CITY OF SALEM 317 JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL D'Alelio Construction Co., Inc., 31 Lewis St., Swampscott Delulis Brothers Construction, 31 Collins St. Ter., Lynn DiBiase Corp.,10 Lookout Ter.., Lynnfield Fleet Construction Co., Inc., 24 Martin St., Cumberland, RI F.R.E. Building Co., Inc., 290 Eliot St., Ashland Geologic-Earth Exploration Inc., 7 Sherwood Dr., Norfolk Geosearch, 20 Authority Dr., Fitchburg J. Doyle Backhoe, 239 Eastern Ave., Gloucester J.J. O'Brien & Sons Inc., 5 Fern St., Waltham J. Masterson Construction Corp., 46 Prince St., Danvers James W. Flett Co., Inc., 800 Pleasant St., Belmont John F. Peterson Enterprise, 210 Broadway, Lynn Lima Construction & Paving Inc., 28 River St., Middleton McLaughlin Construction Co., 72R Central St., Peabody Meninno Construction Co., Inc., 76 Oakville St., Lynn Mirra Co., Inc., 6 Norino Way, Georgetown Moran Masonry, 764 Salem St., Groveland Mr. Rooter Plumbing, 70 Herrick St., Beverly N. Granese & Sons, Inc., 18 Yorkshire Rd., Marblehead Paolini Corp., 103 Adams St., Newton Pumel Enterprises, 37 Baker St., Salisbury R.B. Strong Excavating & Sewerage Cont. Inc., 122 Western Ave, Gloucester R. Dilisio Co., Inc., 113 Fayette St., Lynn Raffaele Construction, 49 Tracy Ave., Lynn Spencer Contracting Corp., 63 Jefferson Ave., Salem TDS, Inc., 2 Peter Dr., Sterling Thomas Mackey & Sons, Inc., 58 Broadway, Salem United Utility Corp., 42 Haverhill Rd., Amesbury Village Construction, 190 Pleasant St., Marblehead #63 -#64 CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affa i rs. Marlene Ellison, 16 Barnard Hawkes Court, Marblehead Marie Rose Rita Page, 13 Highland St., Salem 318 CITY OF SALEM JANUARY 12, 2006 REGULAR MEETING OF THE CITY COUNCIL #65 -#73 — BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER DiBiase Corp., 10 Lookout Ter., Lynnfield F.R.E. Building Co., Inc., 290 Eliot St., Ashland Fleet Construction Co., Inc., 24 Martin St., Cumberland, RI Geosearch, Inc., 20 Authority Dr., Fitchburg John F. Peterson Enterprises, Inc., 210 Broadway, Lynn Paolini Corp., 103 Adams St., Newton Pumel Enterprises, 37 Baker St., Salisbury Spencer Contracting Corp., 63 Jefferson Ave., Salem Village Construction, Inc., 190 Pleasant St., Marblehead On the motion of Councillor Sargent, the meeting adjourned at 8.30 P.M.