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MINUTES - Regular - 10/11/2007 266 CITY OF SALEM OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 11, 2007 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 4, 2007 at 5.57 P.M. Councillor O'Leary was recorded as absent. Council President Matthew Veno presided. Councillor Corchado moved to dispense with the reading of the record of the previous meeting. It was so voted President Veno requested that everyone please rise to recite the Pledge of Allegiance. #619 — CONDUIT ON HIGHLAND AVENUE AND TRADER'S WAY Held from the last meeting of September 27, 2007 an Order of Comcast to install a conduit on Highland Avenue and Trader's Way. Appearing in favor was Jason Wiellett of Comcast. Councillor Pelletier spoke in favor of the petition.There was no one opposed. The hearing was closed. Councillor Pelletier moved that the matter be granted. It was so voted. #644 —#645 - REAPPT. CONSTABLES The Mayor's re-appointment of the following to serve as a Constables was received and placed on file. David F. Bourgault, 19 Belleau Rd., Salem Term to Expire: September 26, 2010 Mark J. Snider, 103 Boardman Ave., Melrose Term to Expire: November 13, 2010 #646 — TRANSFER TO GROUP INSURANCE LINES The following Order, recommended by the Mayor, was adopted under suspension of the rules. CITY OF SALEM 267 OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Eight Thousand, Four Hundred Fifty-Nine Dollars and Thirty- Three Cents ($8,459.33) from "Receipts Reserved — Golf Course" account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor. SS/Med 957.04 Health Ins 4,083.48 Life Ins 44.14 Dental Ins 323.68 Retirement 3,050.99 Total 8,459.33 #467 — TRANSFER TO GROUP INSURANCE LINES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Seven Thousand, Six Hundred and Forty-Nine Dollars and Four Cents ($7,649.04) from "Receipts Reserved — Harbormaster" account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor. SS/Med 775.97 Health Ins 4,618.02 Life Ins 37.14 Dental Ins 38.40 Retirement 2,179.51 Total 7,649.04 #648 — TRANSFER TO GROUP INSURANCE LINE The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Three Hundred Seventy-Eight Dollars and Seven Cents ($378.07) from "Receipts Reserved —Witch House" account and appropriated to the following Group Insurance Line in accordance with the recommendation of Her Honor the Mayor. SS/Med 378.07 268 CITY OF SALEM OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL #649 — ELECTION ORDER Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter on Tuesday, November 6, 2007 for the purpose of casting votes in the City Election for the election of candidates for the following offices: Four Councillors at Large: for the term of two years Councillors of Ward One, Two, Three, Four, Five, Six and Seven: for the term of two years Three members of the School Committee: for a term of four years AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: WARD ONE PRECINCT ONE Bentley School, Memorial Drive PRECINCT TWO Recreation Room, 27 Charter Street WARD TWO PRECINCT ONE Carlton School, 10 Skerry Street PRECINCT TWO Salem Heights Recreation Room, 12 Pope Street WARD THREE PRECINCT ONE Council on Aging, 5 Broad Street PRECINCT TWO Ste. Anne's School, 9 Cleveland Street WARD FOUR PRECINCT ONE Community Room, Colonial Terrace PRECINCT TWO Princeton Crossing Community Center, Heritage Drive WARD FIVE PRECINCT ONE Temple Shalom, 287 Lafayette Street (front entrance) PRECINCT TWO Community Room, Pioneer Terrace WARD SIX PRECINCT ONE Bates School, Liberty Hill Avenue PRECINCT TWO Park & Recreation Dept., Mack Park WARD SEVEN PRECINCT ONE Salem State Public Safety Bldg., 73 Loring Avenue PRECINCT TWO Salem State Gymnasium, Harrison Road AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law. CITY OF SALEM 269 OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL #650 — BLOCK PARTY Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the enclosed Block Party application from the residents of 18 Rice Street for October 20, 2007 from 3.00 PM to 10.00 PM with a raindate of October 21, 2007 be approved. #651 —YEAR TO DATE BUDGET REPORT Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the enclosed Year to Date Budget Report dated September 30, 2007 be received and placed on file. #652 — CITY COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the regular meetings of the City Council, for the month of November and December shall be held on Thursday, November 15, 2007 and Thursday, December 6, 2007. #653 — ORDINANCE AMENDING TRAFFIC HANDICAP ZONES HATHORNE STREET Councillor Pelletier introduced the following Ordinance, which was adopted for first passage. In the year two thousand and seven An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, "Handicapped Zones" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Hathorne Street, in front of#80-82 for a distance of twenty (20) feet, "Handicap Parking, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. 270 CITY OF SALEM OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL #654 — ORDINANCE AMENDING TRAFFIC, HALLOWEEN RESIDENT PARKING, PEABODY STREET Councillor Corchado introduced the following Ordinance, which was adopted for first passage. In the year two thousand and seven An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 75, "Halloween Resident Parking, Peabody Street" Be it ordained by the City Council of the City of Salem, as follows: Section 1. Peabody Street, in it's entirety, Resident Parking, October 1 to November 1. Section 2. This Ordinance shall take effect as provided by City Charter. #655 — PETITION OF STREGA RESTAURANT FOR TENT OVER SIDEWALK Councillor Pelletier introduced the following Order, which was approved with conditions. ORDERED: That the enclosed request from Strega Restaurant for approval of sidewalk tent during Haunted Happenings be approved with the following conditions: 1) that the tent be tied down securely 2) that there is adequate wheel chair access on the sidewalk 3) that the owner of Strega provide a Bond Councillor Pelletier assumed the chair. #656 — REPORT OF THE SENIOR CENTER COMMITTEE Councillor Veno introduced the following Order, which was adopted. ORDERED: That the enclosed report from the Senior Center Committee be received and placed on file. CITY OF SALEM 271 OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL #657 — (#639 -#641) - GRANTING LICENSES Councillor O'Keefe 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. TAG DAY S.H.S. Hockey, November 25, 2007 & December 22, 2007 TAXI OPERATORS Wilfredo Badillo, 107 Bridge St., Salem VEHICLE FOR HIRE City View Trolley, 35 Eldon St., Boston (3 Trolleys) #658 — (#625) — DECLARE 12 SWAMPSCOTT ROAD (TRANSFER STATION) SURPLUS PROPERTY Councillor O'Keefe 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 City owned parcel located at 12 Swampscott Road be declared surplus, has considered said matter and would recommend that the City Council conduct a public hearing on Council Order #625 with the understanding the October 25, 2007 (date) language in the order is stricken. #659 — (#624) — LEASE AGREEMENT EXTENSION FOR NORTHSIDE CARTING Councillor O'Keefe 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 a roll call vote of 9 yeas, 1 nays, 1 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Keefe, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Lovely was recorded as opposed. Councillor O'Leary was recorded as absent. Councillor O'Keefe 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 matter of a six (6) month extension Lease Agreement for Northside Carting, has considered said matter 272 CITY OF SALEM OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL and would recommend the Council amend Council Order#624 requiring a public hearing and move for approval of the extension at the October 11, 2007 Council meeting. The six month lease extension was granted. #660 — (#621) - TRANSFER TO PUBLIC PROPERTY— BUILDING INSPECTIONS P/T SALARY Councillor Prevey 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 a transfer of$23,337.00 to "Public Property Building Inspector P/T Salary has considered said matter and would recommend approval. #661 — (#623) - TRANSFER TO PUBLIC PROPERTY— BUILDING INSPECTIONS EXPENSES SEALER Councillor Prevey 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 a transfer of$1,000.00 to "Public Property Building Inspectors Expenses Sealer has considered said matter and would recommend approval. #662 — (#575) — UPDATE OF THE PROPERTY KNOWN AS THE OLD SALEM JAIL Councillor Prevey 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 update on the property known as the Old Salem Jail located at 50 St. Peter Street, has considered said matter and would recommend the matter remain in Committee. CITY OF SALEM 273 OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL Councillor Sargent recused himself and left the Council Chambers. #663 — (#638) — ORDINANCE AMENDING SOLID WASTE Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. Councillors Furey and O'Keefe were recorded opposed. The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of an Ordinance amending Chapter 36, Section 9, Solid Waste Management has considered said matter and would recommend that the ordinance be amended by deleting in Section 36-9, Section 1 through 9 and insert in place with Sections 6 through 9 and that the ordinance be adopted as amended for second and final passage as follows: Section 1. for the purpose of clarification and maintaining a solid waste collection fee until such time as Chapter 36 is repealed, Chapter 36, Solid Waste Management shall be amended by deleting in it's entirety Section 36-9 entitled "Ordinance to be returned to City Council" and insert in place with the following: Section 36-9 "Repeal" Chapter 36, Section 6 through 9 shall remain in effect until June 30, 2008 when Sections 6 through 9 of Chapter 36 shall be repealed. #664 — (#591) — EXTENDED HOURS OF OPERATION FOR IRVING OIL CORP. Councillor Pelletier 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 a petition from Irving Oil Company for extended hours of operation, has considered said matter and would recommend that the petition of Irving Oil Company to open at 5.00 A.M. instead of 6.00 A.M. be granted. 274 CITY OF SALEM OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL #665 — (#590) — EXTENDED HOURS OF OPERATION FOR IHOP Councillor Pelletier 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 a petition from Mr. Stacks Inc. (Salem Pancakes Inc. DBA IHOP) for extended hours of operation has considered said matter and would recommend that the petition be referred to the Committee on Government Services co- posted with the Committee of the Whole to hold a public hearing. #666 -#668 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. TAXI OPERATORS Thomas F. Schatz, 4 Myrtle St., Beverly Jason Cacciola, 12 Blaine Ave., Beverly VEHICLE FOR HIRE (OPERATORS ONLY) Derek Gallien, 6 March St. #3, Salem Wesley Hill, 68 Dane St., Beverly Michael Zarba, 84 Grove St. #3, Lynn Craig Malko, Jr., 321 Cabot St., Beverly #668 -DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATION The following Drainlayer/ Contract Operator License was granted. Phoenix Communications, Inc., 70 James St., Worcester #669 — CLAIM The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs. Andrew Harrington, 39 Harbor St. #1, Salem CITY OF SALEM 275 OCTOBER 11, 2007 REGULAR MEETING OF THE CITY COUNCIL #670 -#671 — BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE David Bourgault, 19 Belleau Rd., Salem DRAINLAYER Phoenix Communications, Inc., 70 James St., Worcester (#627) — SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, STOP SIGN, BUTLER STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 49, Stop Sign, Butler Street, was then taken up. The Ordinance was adopted for second and final passage. (#633) — SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, GENERAL TOWING ZONES, CLARK STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 74, Tow Zones, Clark Street, was then taken up. The Ordinance was adopted for second and final passage. (#635) — SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, GENERAL TOWING ZONES, LAFAYETTE STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 74, Tow Zones, Lafayette Street in front of#211 Saltonstall School, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Keefe the meeting adjourned at 9.10 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK