MINUTES - Regular - 4/22/2004 434 CITY OF SALEM
APRIL 22, 2004
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber
on Thursday, April 22, 2004 at 7.00 P.M. for the purpose of transacting any and
all business. Notice of this meeting was posted on April 15, 2004 at 4.05 P. M.
Absent were Councillors Harvey and O'Keefe.
Council President Leonard F. O'Leary presided.
Councillor Furey moved to dispense with the reading of the record of the
previous meeting. It was so voted.
President O'Leary requested that everyone rise to recite the Pledge of
Allegiance.
#275 — CONDUIT LOCATION ON FIRST STREET
A hearing was held on the Order of Verizon for a conduit location on First
Street. Appearing in favor was Mr. McEnaney of Verizon. There was no one
opposed. The hearing was closed. Councillor Pelletier moved that the permit be
granted. It was so voted.
(#242) — HELD OVER FROM THE MEETING OF APRIL 8, 2004, CONDUIT
LOCATION ON CENTRAL STREET
A hearing was held on the Order of Verizon for a conduit on Central
Street. Appearing in favor was Mr. McEnaney of Verizon, he stated there was an
agreement worked out with Mr. Hugh McGowan, owner of Roosevelts
Restaurant. There was no one opposed. The hearing was closed. Councillor
Corchado moved that the permit be granted. It was so voted.
#276 — PLANS FOR OLD TOWN HALL
Councillor Bencal introduced the following Order.
Councillor Sargent moved to amend the order to invite David Pelletier. It
was so voted. The Order was adopted as amended.
ORDERED: That the Mayor or his representative as well as the Director of
the Department of Planning and Community Development appear before the
CITY OF SALEM 435
APRIL 22, 2004
REGULAR MEETING OF THE CITY COUNCIL
Committee on Government Services regarding the administration's plans for Old
Town Hall.
Further, that the Committee on Government Services address this matter
during the May 6, 2004 meeting. Also that David Pelletier be invited.
#277 — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, WILLSON
STREET
Councillor Pelletier introduced the following Ordinance to amend Traffic,
Handicap Parking at #25 Willson Street, which was adopted for first passage.
In the year two thousand and four
An Ordinance to amend and Ordinance relative to Traffic, Handicap
Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B is hereby amended by adding the
following:
Willson Street in front of#25, for a distance of twenty (20) feet. "Handicap
Parking Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter.
#278 — EXTENDED HOURS OF OPERATION FOR CITGO ON NORTH
STREET
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and
Environment meet prior to the last scheduled Council meeting in June, 2004
relative to the extension of operating hours from 11.00 P.M. to midnight for the
Citgo gas station located at 101-105 North Street.
Further, that the abutters, the Police Chief, the Building Inspector, and the
proprietor be invited to this meeting.
436 CITY OF SALEM
APRIL 22, 2004
REGULAR MEETING OF THE CITY COUNCIL
#279 — FLY POLISH FLAG AT RILEY PLAZA
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Park Commission fly the Polish Flag at Riley Plaza
on April 29, in commemoration of the Day of Rememberance.
Further, that the Park Commissioner display the Polish Flag at Riley Plaza
on May 3rd and May 4t", in observance of Polish Constitution Day.
#280 — USE OF MOTOR SCOOTERS AND GOPEDS
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the matter of motor scooters and gopeds being used
illegally in the City of Salem be referred to the Committee on Public Health,
Safety and Environment for review and recommendation to inform the public of
illegality of said motor scooters in the City. As well as inform Police Chief St.
Pierre on enforcement.
#281 — (#261 -#269) - GRANTING CERTAIN LICENSES
Councillor Bencal offered the following report for the Committee on
Ordinances, Licenses and Legal Affairs.
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.
PUBLIC GUIDE Donna Hayes, 15 Outlook Rd., Swampscott
Nicole Morin, 22R Essex St. #2, Beverly
Christine Porter, 116 Pond St., Randolph
Christine Roberts, 2 Beverly Commons Dr. #25,
Beverly
Rev. Dr. Marlayna Schmidt, 8 Iverson Rd., Beverly
Erica Waite, 100 High St., Topsfield
Mindy Willis, 2 Beverly Commons Dr. #25, Beverly
TAXI OPERATOR Coride A. Pacheco, 27 Albion St., Salem
Diogenes Polanco, 12 Park St., Beverly
Ana A. Hernandez, 256 Jefferson Ave., Salem
CITY OF SALEM 437
APRIL 22, 2004
REGULAR MEETING OF THE CITY COUNCIL
TAXI OPERATOR
CONTINUED Santo Santana, 9 Prince St. PI., Salem
Kelvin Pena, 65 Palmer St., Salem
David Doherty, 79 Harold Parker, Andover
VEHICLE FOR HIRE
(HORSE DRAWN) Friendship Carriage Tours, 13 Crombie St., Salem
(1 vehicle)
#282 — (#245) - BLOCK GRANT APPLICATION
Councillor Lovely offered the following report for the Committee on
Community and Economic Development. It was voted to accept the report and
adopt the recommendation by a roll call vote of 9 yeas, 0 nays, 2 absent.
Councillors Bencal, Corchado, Furey, Lovely, Pelletier, Sargent, Sosnowski,
Veno and O'Leary were recorded as voting in the affirmative. Councillors Harvey
and O'Keefe were recorded as absent.
The Committee on Community and Economic Development to whom was
referred the matter of Fiscal Year 2005 Community Development Block Grant
application for $1,352,000.00, has considered said matter and would recommend
approval.
Councillor Lovely requested and received unanimous consent to suspend
the rules to allow Ms. Jane Guy to speak.
Councillor Lovely moved for immediate reconsideration in the hopes it
does not prevail. Reconsideration was denied.
#283 —#286 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on
Ordinances, Licenses and Legal Affairs.
TAG DAY S.H.S. Football, Sept. 11 & 18, Oct. 2 & 30, 2004
Salem Babe Ruth League, June 4 & 5, 2004
TAXI OPERATOR Wandali Paulino Tejada, 5 Park St., Peabody
Mildred Arinella, 14 Leavitt St., Salem
Ryan Wirling, 81 Endicott St., Peabody
Robert Flaherty, 131 Euclid Ave., Lynn
Daniel Comb, 181 Elliot St., Danvers
438 CITY OF SALEM
APRIL 22, 2004
REGULAR MEETING OF THE CITY COUNCIL
TAXI OPERATOR
CONTINUED Gerald Feldman, 116 Lafayette St., Salem
Jeremy Lanver, 6 Bentley St., Salem
David Wendell, 10 Balcomb St., Salem
Diogenes Polanco, 14 Park St., Salem
Magdelena Velasquez, 41 Salem St., Salem
LIMO LICENSE Limelight Transportation Services, 13C Griswold Dr.,
Salem (1 Limo)
#287 -#289 — DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator license applications were
granted.
K & B Excavating, 105 Mason St., Salem
Raffaele Construction Corp., 49 Trace Ave., Lynn
The Warren Co., 18 Lovell Rd., Lynnfield
#290 -#292 — CLAIMS
The following Claims were referred to the Committee on Ordinances,
Licenses and Legal Affairs.
Jerrold Panich, 18 Leo Rd., Marblehead
Adalberto Nunez, 37 Ward St., Salem
(#252) — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, NEW
DERBY STREET
The matter of second and final passage of an Ordinance amending Traffic,
Chapter 42, Section 50A, Handicap Parking One (1) Hour, in front of#14 New
Derby Street, was then taken up. The Ordinance was adopted for second and
final passage.
CITY OF SALEM 439
APRIL 22, 2004
REGULAR MEETING OF THE CITY COUNCIL
(#260) — COMMUNICATION REGARDING PATRIOT ACT
Councillor Bencal moved reconsideration of the vote taken on April 8,
2004, receiveing and filing a communication from Jeremy McKeen regarding the
P.A.T.R.I.O.T. ACT.
Councillor Bencal moved to refer the matter to the Committee on Public
Health, Safety and Environment.
Council President O'Leary moved the matter to be out of order due to a
previous motion to table indefinitely.
Councillor Bencal challenged the chair by roll call vote of 4 yeas, 5 nays, 2
absent. A yes vote would rule the matter out of order. Councillors Sargent,
Sosnowski, Veno and O'Leary were recorded as voting in the affirmative.
Councillors Bencal, Corchado, Furey, Lovely and Pelletier were recorded as
voting in the negative. Councillors Harvey and O'Keefe were recorded as absent.
Councillor Bencal moved immediate reconsideration in the hopes it would
not prevail. A yes vote would reconsider, a no vote does not. The matter did not
carry by roll call vote of 4 yeas, 5 nays, 2 absent. Councillors Bencal, Corchado,
Furey and Veno were recorded as voting in the affirmative. Councillors Lovely,
Pelletier, Sargent, Sosnowski and O'Leary were recorded as voting in the
negative. Councillors Harvey and O'Keefe were recorded as absent.
Councillor Sosnowski moved immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
On the motion of Councillor Sargent the meeting adjourned at 7.30 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK