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MINUTES - Regular - 12/7/2006 CITY OF SALEM 685 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 7, 2006 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 30, 2006 at 5.37 P.M. All Councillors were present. Council President Jean M. Pelletier presided. Councillor Veno 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. President Pelletier requested and received unanimous consent to suspend the rules to allow Mayor Driscoll and Police Chief Robert M. St. Pierre to hand out twenty-two (22) commendations. The following list of commendations were presented to: Detective Sergeant Stephen Bona Captains Paul F. Tucker and Brian J. Gilligan Lieutenant Thomas Griffin Sergeants James Page and Mark Losolfo Detectives William Jennings and Eric Connolly Officers Robert Cunningham, J. Dennis Gaudet, Kristian Hanson, Robert Lubas, and Kevin St. Pierre Sergeant Jonathan Lunt of the Marblehead Police Department #879 — EXECUTIVE SESSION — SETTLEMENT Councillor Veno moved to take out of order, under Communications from City Officials, a request from Attorney Elizabeth Rennard, City Solicitor to hold an Executive Session to discuss legal matters related to a settlement of an arbitration case. It was so Voted. Councillor Veno moved that the City Council adjourn to the Council Anteroom to hold an Executive Session, and at the end of the Executive Session, the regular meeting will continue. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. See end of meeting for minutes of Executive Session. After the Executive Session, Councillor Veno moved that the meeting continue. It was so voted. 686 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL (#778) —APPT. OF JENNIFER RAITT TO THE AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES Held over from the last meeting of November 16, 2006, the Mayor's appointment of Jennifer Raitt as a member of the Affordable Housing Trust Fund Board of Trustees for a term to expire November 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 yeas, 0 yeas. Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Ms. Raitt to speak. (#779) —APPT. OF ANTHONY AMORE TO THE RENEWABLE ENERGY TASK FORCE Held over from the last meeting of November 16, 2006, the Mayor's appointment of Anthony Armore to serve as a member of the Renewable Energy Task Force, for a term to expire December 1, 2009, was held over until the next meeting. (#780) —APPT. OF JEFF BARZ-SNELL TO THE RENEWABLE ENERGY TASK FORCE Held over from the last meeting of November 16, 2006, the Mayor's appointment of Jeff Barz-Snell to serve as a member of the Renewable Energy Task Force, for a term to expire December 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 yeas, 0 yeas. Councillor Veno requested and received unanimous consent to suspend the rules to allow Mr. Barz-Snell to speak. (#781) —APPT. OF JOHN HAYES TO THE RENEWABLE ENERGY TASK FORCE Held over from the last meeting of November 16, 2006, the Mayor's appointment of John Hayes to serve as a member of the Renewable Energy Task Force, for a term to expire December 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 yeas, 0 yeas. Councillor Veno requested and received unanimous consent to suspend the rules to allow Mr. Hayes to speak. (#782) —APPT. OF KRISTEN SMITH TO THE RENEWABLE ENERGY TASK FORCE Held over from the last meeting of November 16, 2006, the Mayor's appointment of Kristen Smith to serve as a member of the Renewable Energy Task Force, for a term to expire December 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 yeas, 0 yeas. Councillor Veno requested and received unanimous consent to suspend the rules to allow Ms. Smith to speak. CITY OF SALEM 687 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL (#783) —APPT. OF NICK LEWIS TO THE RENEWABLE ENERGY TASK FORCE Held over from the last meeting of November 16, 2006, the Mayor's appointment of Nick Lewis to serve as a member of the Renewable Energy Task Force, for a term to expire December 1, 2009, was held over until the next meeting. (#784) —APPT. OF ADAM SEGAL TO THE RENEWABLE ENERGY TASK FORCE The Mayor's appointment of Adam Segal to serve as a member of the Renewable Energy Task Force, for a term to expire December 1, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 yeas, 0 yeas. Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Mr. Segal to speak. (#785) —APPT. OF ROBERT MITNIK TO THE SALEM REDEVELOPMENT AUTHORITY The Mayor's appointment of Robert Mitnik to serve as a member of the Salem Redevelopment Authority, for a term to expire December 1, 2011, was confirmed by unanimous roll call vote of 11 yeas, 0 yeas, 0 yeas. Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. Mitnik to speak. Councillor Lovely moved that a letter and City Seal be sent to Christine Sullivan. It was so voted. #840 —APPT. OF RICHARD NYE TO THE RENEWABLE ENERGY TASK FORCE The Mayor's appointment of Richard Nye to serve as a member of the Renewable Energy Task Force with a term to expire December 1, 2009, confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Veno requested and received unanimous consent to suspend the rules to allow Mr. Nye to speak. 688 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL #841 -#843 — REAPPT. OF THE FOLLOWING TO THE HISTORIC DISTRICT COMMISSION The Mayor's reappoint of the following to serve as member of the Historic District Commission with terms to expire December 1, 2009, was confirmed by unanimous roll call vote on 11 yeas, 0 nays, 0 absent. Kathryn Harper, 3 Allen Street Jessica Herbert, 70 Webb Street Larry Spang (alternate member) 125 Columbus Ave. Councillor Corchado requested and received unanimous consent to suspend the rules to allow Ms. Herbert to speak. #844 —APPT. CONSTABLE The Mayor's appointment of the following Constable was received and filed. Ana J. Sanches, 501 Washington St. #405, Lynn term to expire November 16, 2007. #845 — BOND ORDER - $14,817,000.00 SALEM HIGH SCHOOL RENOVATION PROJECT The following Order, recommended by the Mayor, was adopted for first passage under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. ORDERED: That the sum of Fourteen Million Eight Hundred Seventeen Thousand ($14,817,000.00) be and hereby is appropriated for the purpose of paying additional costs of adding to, renovating, reconstructing, making extraordinary repairs to and equipping Salem High School, including the payment of all costs incidental and related thereto and that to raise this appropriation the City Treasurer, with the approval of the Mayor, is hereby authorized to borrow the sum of Fourteen Million Eight Hundred Seventeen Thousand ($14,817,000.00) under and pursuant to Chapter 44, Section 7, Clauses 3 and 3A and Chapter 70B of the Massachusetts General Laws, each as amended and supplemented, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefore. #846 — TRANS. TO REDUCE GROSS AMOUNT TO BE RAISED BY TAXATION The following transfer recommended by the Mayor, was adopted under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. CITY OF SALEM 689 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Eight Hundred Thirty-Six Thousand, Five Hundred and Fifty- Two Dollars ($836,552.00) is hereby appropriated from "Receipts Reserved for appropriations" accounts to reduce the gross amount to be raised by taxation when the Fiscal Year 2007 tax rate is set in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved immediate reconsideration in the hope it would not prevail. Reconsideration was denied. #847 — TRANS. PUBLIC SERVICES —WATER CONTRACTED SERVICES The following transfer 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 Forty Thousand Dollars ($40,000.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to "Public Services —Water Contracted Services" account in accordance with the recommendation of Her Honor the Mayor. #848 —APPR. PUBLIC PROPERTY BUILDING INSPECTOR — FULL TIME SALARIES The following appropriation recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Thirty-Five Thousand Dollars ($35,000.00) is hereby appropriated from the "Fund Balance — Free Cash" account to "Public Property — Full Time Salaries" account in accordance with the recommendation of Her Honor the Mayor. #849 — TRANS. PUBLIC SERVICES — SEWER INFRASTRUCTURE REPAIR The following transfer 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 Thirteen Thousand Eight Hundred Dollars ($13,800.00) is hereby appropriated from the "Retained Earnings — Sewer Fund" account to the "Public Services — Sewer Infrastructure Repair" account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved immediate reconsideration in the hope it would not prevail. Reconsideration was denied. 690 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL #850 — TRANS. PUBLIC SERVICES - EQUIPMENT The following transfer 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 Thirteen Thousand, Seven Hundred and Ninety-Five Dollars ($13,795.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to the "Public Services — Equipment" account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved immediate reconsideration in the hope it would not prevail. Reconsideration was denied. #851 — TRANS. HUMAN RESOURCES — PURCHASE OF SERVICE The following transfer 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 Thirteen Thousand Dollars ($13,000.00) is hereby transferred from the "Worker's Compensation — Salaries" account to the "Human Resources — Purchase of Service" account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved immediate reconsideration in the hope it would not prevail. Reconsideration was denied. #852 — TRANS. PUBLIC SERVICES —WATER UTILITY REPAIR & MAINTENANCE The following transfer 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 Five Thousand, Six Hundred and Fifty-Eight Dollars and Eighty-Six cents ($5,658.86) is hereby appropriated from "Retained Earnings —Water Fund" account to the "Public Services —Water Utility Repair and Maintenance" account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved immediate reconsideration in the hope it would not prevail. Reconsideration was denied. CITY OF SALEM 691 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL #853 — TRANS. VETERANS — PART TIME SALARY The following transfer 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 Five Thousand, Four Hundred Dollars ($5,400.00) is hereby transferred from the "Veterans — In State Travel" account to the "Veterans — Part Time Salary" account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved immediate reconsideration in the hope it would not prevail. Reconsideration was denied. #854 — TRANS. PUBLIC SERVICES — SEWER VEHICLE PARTS The following transfer 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 Four Thousand Three Hundred Dollars ($4,300.00) is hereby appropriated from the "Retained Earnings — Sewer Fund" account to the "Public Services — Sewer Vehicle Parts" account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved immediate reconsideration in the hope it would not prevail. Reconsideration was denied. #855 — TRANS. CEMETERY— BURIAL The following transfer 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 Three Thousand Nine Hundred and Twenty Dollars ($3,920.00) is hereby appropriated from the "Receipts Reserved — Sale of Vaults" account to the "Cemetery — Burial" account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved immediate reconsideration in the hope it would not prevail. Reconsideration was denied. #856 — TRANS. ELECTIONS — OVERTIME The following transfer recommended by the Mayor, was adopted under suspension of the rules by roll call vote of 9 yeas, 0 nays, 0 absent, 2 present. Councillors Blair, Corchado, Furey, 692 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL Lovely, O'Keefe, O'Leary, Prevey, Sargent and Sosnowski were recorded as voting in the affirmative. Councillors Veno and Pelletier were recorded as voting present. ORDERED: That the sum of Eight Hundred and Fifty Dollars ($850.00) is hereby transferred from the "Elections — Poll Workers/Census" account to the "Elections — Overtime" account in accordance with the recommendation of Her Honor the Mayor. #857 — TRANS. PUBLIC SERVICES —WATER EQUIPMENT The following Order was received from the Mayor after the deadline of Tuesday Noon. Councilor O'Leary requested and received unanimous consent to suspend the rules to allow the matter to come before the Council The following Transfer 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 Ninety-One Thousand, Two Hundred and Ninety Dollars ($91,290.00) is hereby appropriated from the "Retained Earnings -Water Fund" account to the "Public Services —Water Equipment" account in accordance with the recommendation of Her Honor the Mayor. #858 —APPR. FOR THE REPAIR OF ENGINE 4 FIRE DEPARTMENT The following Order was received from the Mayor after the deadline of Tuesday Noon. Councilor O'Leary requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. The following Appropriation 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 Thirty Thousand Dollars ($30,000.00) is hereby appropriated from the "Capital Outlay Renovation and Repair" account to be expended for the repair of Engine 4 for the Fire Department in accordance with the recommendation of Her Honor the Mayor. #859 —APPR. CITY COUNCIL — ADVERTISING The following Order was received from the Mayor after the deadline of Tuesday Noon. Councilor O'Leary requested and received unanimous consent to suspend the rules to allow the matter to come before the Council. CITY OF SALEM 693 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL The following Appropriation 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 Fourteen Thousand Dollars ($14,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation — Free Cash" account to the "City Council —Advertising" account in accordance with the recommendation of Her Honor the Mayor. #860 — ORDINANCE CREATING POSITION OF DIRECTOR OF INSPECTIONAL SERVICES The following Ordinance, recommended by the Mayor, was referred to the Committee on Administration and Finance and suspension of rule 31 B to carry over the matter into the new year. In the year two thousand and six An Ordinance to amend an Ordinance relative to the Salary and Classification of Certain Employees Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Section 2-52 is hereby amended effective January 1, 2007, by inserting a new position entitled "Director of Inspectional Services" Section 2. This Ordinance shall take effect as provided by City Charter. #861 —ACCEPT MGL TO ESTABLISH AN ENTERPRISE FUND FOR SOLID WASTE COLLECTION The following Order was received from the Mayor after the deadline of Tuesday Noon. Councilor Lovely objected to suspension of the rules to allow the matter to come before the Council. Councillor O'Keefe moved to suspend rule 31 B to carry the matter over into the New Year. It was so voted. #862 — RESOLUTION RETIREMENT OF CAPTAIN ROBERT CALLAHAN Councillor O'Leary introduced the following Resolution, which was adopted. RESOLUTION: 694 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL WHEREAS: Captain Robert W. Callahan has served the City of Salem as a Police Officer for better than 28 years, and; WHEREAS: The numerous challenges that he encountered on a daily basis were always met with professionalism and; WHEREAS: Captain Robert W. Callahan has always been a help to the City Council. His knowledge of this City was invaluable when it came to any traffic related problems. WHEREAS: Captain Robert W. Callahan his talents in coordinating city events, road races, walks, parades and Halloween will be missed. WHEREAS: Captain Robert W. Callahan has been characterized by his obvious dedication, loyalty and friendship by all who know him. WHEREAS: He has a sense of fairness that is unmatched and it has been an honor to know and work with him. NOW THEREFORE BE IT RESOLVED: That the Salem City Council extends our appreciation and thanks to Captain Robert W. Callahan for his years of dedicated service to the City of Salem. AND BE IT FURTHER RESOLVED: That this resolution be made a matter of the record of these proceedings, and that a suitable copy be sent along with a City Seal, on behalf of the Salem City Council, as a token of our appreciation. The Salem City Council wishes to extend our sincere wishes for many happy, healthy and prosperous years of retirement. #863 — RESOLUTION REGISTRY OF DEEDS REMAIN IN DOWNTOWN SALEM Councillor O'Leary introduced the following Resolution, which was adopted. RESOLUTION: WHEREAS: The Registry of Deeds having the need to relocate due to the new construction of the Courthouse; and WHEREAS: The legal community being located in the downtown district, are a vital economic engine to the businesses such as restaurants, banks, printers and retail establishments which provide goods and services that are required for the day to day operation; and CITY OF SALEM 695 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL WHEREAS: The City Council supports the construction of a new building to enhance the Salem Court system to better meet the needs of the Commonwealth and its many citizens. NOW THEREFORE BE IT RESOLVED: That the Salem City Council strongly urges that the Registry of Deeds find a suitable location in the downtown area to continue the support the economic viability of the downtown. #864 — ORDINANCE AMENDING TRAFFIC HANDICAP PARKING RAVENA AVENUE Councillor O'Leary 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, Chapter 42, Section 50B, "Handicap Parking, Limited Time" Be it ordained by the City Council of the City of Salem, as follows: Section 1. In front of#5 Ravena Avenue for a distance of twenty (20) feet, "Handicap Parking, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #865 — ORDINANCE AMENDING TRAFFIC REPEAL HANDICAP PARKING LORING AVENUE Councillor O'Keefe 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, Chapter 42, Section 50B, "Handicap Parking, Limited Time" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Repeal Loring Avenue, westerly side, beginning at the intersection of Jefferson Avenue for a distance of one hundred thirty eight (138) feet, in a southerly direction and proceeding twenty (20) feet in a southerly direction on Loring Avenue Section 2. This Ordinance shall take effect as provided by City Charter. 696 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL #866 — BLOCK PARTY APPLICATION Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the enclosed Block Party application for Fairmount Street for December 16, 2006 from 3.00 P.M. to 8.00 P.M. with a rain date of December 17 or December 22, 2006, be approved. #867 — FINANCIAL REPORTS Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the enclosed Monthly Financial Report dated October 31, 2006 and the Year to Date Budget Report dated November 30, 2006 be received and placed on file. #868 — ORDINANCE AMENDING TRAFFIC REPEAL STOP SIGNS Councillor Pelletier 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, Chapter 42, Section 49, "Obedience to Stop Signs" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Repeal of Chapter 42, Section 49, Stop Signs, for the following list of streets. Webb Street — northeasterly bound traffic on Webb Street at Bridge Street School Street — northeasterly bound traffic on School Street at North Street Broad Street— northeasterly bound traffic on Broad Street at Summer Street Summer Street — north bound drivers on Summer Street at Essex Street Canal Street — northerly bound traffic on Canal Street at Mill Street Essex Street — easterly bound traffic on Essex Street at North and Summer Streets Flint Street— northwesterly bound traffic on Flint Street at Bridge Street CITY OF SALEM 697 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL Flint Street— northwesterly bound traffic on Flint Street at Essex Street Flint Street— southeasterly bound traffic on Flint Street at Bridge Street Flint Street— southeasterly bound traffic on Flint Street at Essex Street New Derby Street —west bound drivers on New Derby Street at Washington Street Section 2. This Ordinance shall take effect as provided by City Charter. #869 — ORDINANCE AMENDING TRAFFIC STOP SIGN MARGIN STREET Councillor Pelletier 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, Chapter 42, Section 49, "Obedience to Stop Signs" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Margin Street south bound traffic at Mill Street, "Obedience to Isolated Stop Signs" Section 2. This Ordinance shall take effect as provided by City Charter. #870 — ORDINANCE AMENDING TRAFFIC STOP SIGN HATHORNE STREET Councillor Pelletier 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, Chapter 42, Section 49, "Obedience to Stop Signs" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Hathorne Street north and south bound traffic at Endicott Street, "Obedience to Isolated Stop Signs" Section 2. This Ordinance shall take effect as provided by City Charter. 698 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL #871 — (#825 -#830) — 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 Andrea Snow, 21 Warren St., Salem SEAWORM Joe Mendonca, 22 Spring St., Peabody John M. Silva, 10 Almeida St., Salem SECOND HAND VALUABLE Gamestop, Inc., 450 Highland Ave., Salem TAG DAY Salem High School Lacrosse, March 31, 2006 and April 21, 2006 Salem High School Music Dept. January 27, 2007 #872 — (#719) CLAIM 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 a claim has considered said matter and would recommend approval. #873 — (#642, #635, #800, #739 OF 2005) SUSPEND RULE 31 B AND ACCEPT MGL CH.138, SEC. 12B 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 by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of acceptance of M.G.L. Ch. 138, Section 12B has considered said matter and would recommend approval by roll call vote. CITY OF SALEM 699 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the following matters, has considered said matters and would recommend that rule 31 B be suspended to carry the matters into the new year. (#642) Fortunetelling Licenses (#635) Bakers Island Agreement (#800) Dangerous Dogs #874 — (#804 4805) —ACCEPT CHAPTER 260, ACTS OF 2006 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 acceptance of Chapter 260 of the Acts of 2006, Military Enhanced Tax Relief Plan and Acceptance of Acts of 2006, Chapter 260, Section 9 and 12, Deferral of Real Estate Taxes for eligible Veterans of their families has considered said matter and would recommend adoption. #875 — SUSPEND RULE 31 B TO BRING FORWARD MATTER INTO THE NEW YEAR 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 Disability Benefits for Veterans has considered said matter and would recommend that rule 31 B is suspended to carry the matter into the new year of 2007. #876 — (#813) RELOCATION OF POLLING LOCATION FOR WARD 7, PRECINCT 1 Councillor Sargent offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation. The Committee on Government Services to whom was referred the matter of relocation of a polling location for Ward 7 Precinct 1 has considered said matter and would recommend that rule 31 B be suspended to carry the matter into the new year of 2007. 700 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL #877 — (#366) SUSPEND RULE 31 B TO BRING FORWARD MATTER INTO THE NEW YEAR 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 a Youth Curfew has considered said matter and would recommend that rule 31 B be suspended to carry the matter into the new year of 2007. #878 — SUSPEND RULE 31 B Councillor Sosnowski 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 following matters Truck Traffic from Aggregate Industries, Solid Waste Contract, Tax Impact study, Re-establish Task Force for the Homeless, CTSP Traffic Study and Comprehensive Traffic Study, Conservation Easement for Hanson St., Public Hearing for update on North Street Redevelopment project has considered said matter and would recommend that rule 31 B be suspended to carry the matter into the new year of 2007. #879 — COMMUNICATION FROM CITY SOLICITOR A communication from City Solicitor Elizabeth Rennard, to hold an Executive Session to discuss a settlement of an arbitration case was taken up earlier. #880 — CONDUITS ON BELLEVIEW AVENUE A hearing was ordered for January 11, 2007 on the petition from National Grid for two conduits on Belleview Avenue. #881- POLE LOCATION ON WILLSON ROAD A hearing was ordered for January 11, 2007 on the petition from National Grid to install one solely owned pole on Willson Road. CITY OF SALEM 701 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL #882 -#891 — LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. FORTUNETELLING Sylvia Martinez, 173 Essex St., Salem Diana McKanas, 86D Wharf St., Salem Debbie Mitchell, 6 Hawthorne Blvd., Salem Fatima Mitchell, 6 Hawthorne Blvd., Salem Tammy Mitchell, 6 Hawthorne Blvd., Salem Therese Devoe Noll, 136 Derby St. #2, Salem Michael Noll, 136 Derby St., #2 Salem Shawn Poirier, 64 Beaver St., Salem Gloria Ward, 69 Brittania Circle, Salem Linda Weinbaum, 18 Hancock St., Salem FORTUNETELLING The Goddess' Treasure Chest, 173 Essex St., Salem STORE Employees: Michelle LaFrancois, 23 Patricia Rd., Peabody Tracy McGondel, 20 North St., Topsfield Al Forbes, 47 Waumbeck St., Dorchester Lisa Chapman, 10 First St. #104, Salem Forest Rangel, 74 Lawrence St., Salem The Magic Parlor, 213 Essex St., Salem Employee: Stephanie Young, 38 Hillcrest Ave., Beverly Pyramid Books, Inc., 214 Derby St., Salem Employees: Doug Johnson, 116 Lafayette St., Salem Beverly Andersen, 216 Lafayette St. #7, Salem Mary Beth Bruce, 26 Beacon St. #813. Burlington Angelica of the Angels, 7 Central St., Salem Employees: Tory MacNeil, 6 Harrison Ave., Gloucester Dimetrious Athas, 62 Beach Ave., Swampscott June Lampert, 300 Essex St., Salem Katherine Christensen, 255 Washington St., Salem Barbara E. Szfranski, 8 Crowinshield St., Peabody JUNK DEALER Isaac Talkowsky & Son, 18 Phillips St., Salem 702 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL PUBLIC GUIDE William Sano, 35 Daniels St., Salem Michael Metzger, 25 Shepard St., Marblehead Richard Metzger, 25 Shepard St., Marblehead Susan Metzger, 25 Shepard St., Marblehead Nancy Sweeter, 60 Burley St., Danvers Judith Eidelman, 8 Long View Dr., Marblehead Hannah Diozzi, 20 Pleasant St., Salem Fran Marrow, 12 Strawberry Hill Lane, Danvers Allen Winecour, 161 Garland St., Everett Alicia Diozzi, 40 English St., Salem William Grover, 84A Polland St., Billerica Douglas Sabin, 34 Northey St., Salem Betsey V. Jackson, 304 Brooksby Village Dr. #607, Peabody Ruth Wall, 13 Crombie St., Salem Jeffrey Horton, 16 Garfield Ave., Beverly Nichole Clarke, 28 Howard St. #2, Salem Michael Vitka, 15 Winter St. #1, Salem Mollie Stewart, 190 Essex St., Salem Alejandra Miranda-Naon, 43 Longwood Ave. #801, Brookline Brigitta Amsler, 286 Ocean Ave., Marblehead SEAWORMS Jose Machado, 3 Emmett St., Peabody Manuel P. Silva, 52 Palealogos St., Peabody Arthur Barriera, 49 Webster St., Peabody Manuel Carroca, 12 Union St., Peabody Analiano Silva, 25 Driscoll St., Peabody Manuel N. Silva, 80 Northend St., Peabody SECOND HAND CLOTHING Boston St. Resale, 134 '/2 Boston St., Salem Samantha's, 177 Essex St., Salem Witch City Consignment & Thrift, 301 Essex St., Salem SECOND HAND VALUABLE Antiques at Museum Place, Museum Place Mall, Salem Bernard's, 179 Essex St., Salem Marine Arts Gallery, 135 Essex St., Salem Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem R.A. Difillipo Antiques, 55 Lafayette St., Salem R.J. Coins, 72 Wharf St., Salem Record Exchange, 256 Washington St., Salem CITY OF SALEM 703 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL SECOND HAND VALUABLE CONTINUED Salem Coin & Jewelry, 149 North St., Salem Salem Used Furniture & Antiques, 107 '/2 Bridge St., Salem Same Day Services, 2 Mason St., Salem Tobie's Jewelry, 142 Washington St., Salem Antiques & Uniques of Salem, 130 North St., Salem Cyrx Stryr Sales, 209 Essex St., Salem Freedom of Expression, Inc., 274 Essex St., Salem Game Zone, 270 Essex St., Salem Witch City Consignment & Thrift, 301 Essex St., Salem TAG DAY Salem/Swampscott Youth Hockey, October 13, 2007 S.H.S. Girls & Boys Basketball Teams, January 20t" & Feb. 3, 2007 S.H.S. Field Hockey, September 22, 2007 & October 14, 2007 #945 -#966 — DRAINLAYER / CONTRACT OPERATOR LICENSES The following Drainlayer/ Contract Operator License applications were granted. Atlantic Paving, 240 Canal St., Salem Caruso Corp., 320C Charger St., Revere Caruso & McGovern Construction, 1 Industrial Way, Georgetown Ciampa Construction, 36 Dewey St., Saugus Delulis Brothers Construction, 31 Collins St. Terrace, Lynn DiBiase Corp., 749 Lowell St., Lynnfield Gordon Construction, 5 Grey Lane, Lynnfield Infiniti, L.L.C., 80 Larch Row, Wenham J.J. O'Brien & Sons, Inc., 5 Fern St., Waltham J. Masterson Construction, 46 Prince St., Danvers James W. Flett Co., Inc., 800 Pleasant St., Belmont Manter Co. Inc., 20 Popes Lane, Danvers Meninno Construction, 76 Oakville St., Lynn Midway Utility Contractors, 244 Haverhill St., Rowley Mirra Co., Inc., 6 Norino Way, Georgetown Mr. Rooter Plumbing, 62 Jefferson Ave., Salem N. Granese & Sons Inc., 18 Yorkshire Rd., Marblehead Pumel Enterprises, 37 Baker St., Salisbury R.B. Strong Excavating & Sewerage Cont., 122 Western Ave., Gloucester R. Dilisio Co., Inc., 113 Fayette St., Lynn TDS, Inc., 2 Peter Dr., Sterling Village Construction, 190 Pleasant St., Marblehead 704 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL #967 -#969 CLAIMS The Following Claims were referred to the Committee on Ordinances, Licenses and Legal Affai rs. John E. Guzowski, 29 Pleasant St., Salem Deborah Surabian, 20 Whittier Rd., Wakefield SUBROGRATED: One Beacon Insurance (for Martha Welch), PO Box 694, Foxboro #970 -#979 — BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Ana J. Sanchez, 501 Washington St. #405, Lynn DRAINLAYER Caruso Corp., 320C Charger St., Revere Caruso & McGovern Construction, 1 Industrial Way, Georgetown Ciampa Construction, 36 Dewey St., Saugus DiBiase Corp., 749 Lowell St., Lynnfield Gordon Construction, 5 Grey Lane, Lynnfield J.J. O'Brien & Sons, Inc., 5 Fern St., Waltham Manter Co. Inc., 20 Popes Lane, Danvers Meninno Construction, 76 Oakville St., Lynn Village Construction, 190 Pleasant St., Marblehead (#806) — SECOND PASSAGE — ORDINANCE, TRAFFIC, REPEAL HANDICAP PARKING, UNION STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Repeal Handicap Parking in front of#8 Union Street, was then taken up. The Ordinance was adopted for second and final passage. CITY OF SALEM 705 DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL (#809) - SECOND PASSAGE — ORDINANCE, TRAFFIC, HANDICAPPED ZONE, DERBY STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50A, Repeal Handicapped Zone at Derby Street, was then taken up. The Ordinance was adopted for second and final passage. (#811) - SECOND PASSAGE — ORDINANCE, TRAFFIC, HANDICAP PARKING, UPHAM STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 5013, Handicap Parking in front of#34 Upham Street, was then taken up. The Ordinance was adopted for second and final passage. (#814) - SECOND PASSAGE — ORDINANCE, TRAFFIC, STOP SIGN, HAYES ROAD The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 49, Stop Sign, Hayes Road, was then taken up. The Ordinance was adopted for second and final passage. (#815) - SECOND PASSAGE — ORDINANCE, TRAFFIC, PARKING PROHIBITED, LAFAYETTE STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 51 B, Parking Prohibited, Lafayette Street, was then taken up. The Ordinance was adopted for second and final passage. (#816) - SECOND PASSAGE — ORDINANCE, TRAFFIC, STOP SIGNS, LAFAYETTE PLACE, SHORE AVENUE, CLIFTON AVENUE The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 49, Stop Signs, Lafayette Place, Clifton Avenue and Shore Avenue, was then taken up. The Ordinance was adopted for second and final passage. 706 CITY OF SALEM DECEMBER 7, 2006 REGULAR MEETING OF THE CITY COUNCIL (#817) - SECOND PASSAGE — ORDINANCE, TRAFFIC, HANDICAP PARKING, HATHORNE STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 5013, Handicap Parking in front of#74 Hathorne Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Keefe the meeting adjourned at 9.30 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK