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MINUTES - Regular - 2/24/2005 CITY OF SALEM 45 FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 24, 2005 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 18, 2005 at 11.54 A.M. Councillor Harvey and O'Keefe were absent. 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. #189 —APPT. OF KEVIN R. CARR, JR. CONSERVATION COMMISSION The Mayor's appointment of Kevin R. Carr, Jr. to serve as a member of the Conservation Commission for a term to expire March 1, 2008, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O'Leary, Lovely, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. Councillor Furey moved a City seal and letter be sent to Ms. Abby Burns. It was so voted. Councillor Furey requested and received unanimous consent to suspend the rules to allow Mr. Carr to speak. # 190 —APPT. OF ROBIN STEIN ALTERNATE MEMBER BOARD OF APPEAL The Mayor's appointment of Robin Stein to serve as an alternate member of the Board of Appeal for a term to expire March 1, 2007, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O'Leary, Lovely, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Ms. Stein to speak. 46 CITY OF SALEM FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL #191 — REAPPT. OF DAVID PABICH CONSERVATION COMMISSION The Mayor's reappointment of David Pabich to serve as a member of the Conservation Commission for a term to expire March 1, 2008, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O'Leary, Lovely, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. #192 — REAPPT. OF RONALD BERTHEIM, CONSTABLE The Mayor's reappointment of Ronald Bertheim to serve as a Constable, was received and filed. #193 —APPT. OF CABLE TELEVISION COMMISSION The following appointments were received from the Mayor after the deadline of Tuesday Noon. Councillor O'Leary requested and received unanimous consent to suspend the rules. The Mayor's appointments of Wilma C. Ecker, Linda J. Vaughn, David M. Condon, and Elizabeth Rennard to serve as members of the Cable Television Commission for a term to expire December 31, 2005, was confirmed under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O'Leary, Lovely, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Mr. Condon to speak. It was so voted. #194 —APPR. $50,000.00 TO PUBLIC SERVICES —WATER — UTILITY— SERVICE & REPAIR The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDER: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated from "Retained Earnings —Water Fund" Account to "Public Services —Water— Utility Services & Repair" Account in accordance with the recommendation of His Honor the Mayor. CITY OF SALEM 47 FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL #195 —APPR. $34,171.00 TO PUBLIC SERVICES —WATER — GASOLINE & DIESEL The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDER: That the sum of Thirty-Four Thousand, One Hundred Seventy-One Dollars ($34,171.00) is hereby appropriated from "Retained Earnings —Water Fund" Account to "Public Services —Water— Gasoline and Diesel" Account in accordance with the recommendation of His Honor the Mayor. #196 —APPR. $10,000.00 TO PUBLIC SERVICES —WATER — POLICE DETAIL The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDER: That the sum of Ten Thousand Dollars ($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. #197 — FEASIBILITY OF ADDITIONAL PARKING AT KLOP ALLEY, CHURCH STREET & RILEY PLAZA Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development meet with the Mayor or his representative, City Planner, Parking Director, Finance Director and Chamber of Commerce to discuss the feasibility of additional parking at Klop Alley, Church Street lot and Riley Plaza. #198 — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, SALEM STREET Councillor Corchado introduced the following Ordinance, which was adopted for first passage. 48 CITY OF SALEM FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL In the year two thousand and five An Ordinance to amend an 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: "Salem Street, southbound on the westerly side, beginning fifteen (15) feet from Dow Street and extending twenty (20) feet in a southerly direction, Handicap Parking" Section 2. This Ordinance shall take effect as provided by City Charter. #199 - FEASIBILITY OF THROUGH TRAFFIC ON ESSEX STREET MALL Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development meet with the Mayor or his representative, City Planner, Parking Director, Finance Director, Capt. Callahan, and Chamber of Commerce to discuss the feasibility of opening for through traffic on the Essex Street Mall from Washington Street to Central Street or to Hawthorne Blvd. #200 — RESOLUTION, 93RD ANNIVERSARY OF GIRL SCOUTS Councillor O'Leary introduced the following Resolution for Councillor Harvey, which was adopted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Pelletier, O'Leary, Lovely, Furey, Corchado and Bencal were recorded as voting in the affirmative. Councillors O'Keefe and Harvey were recorded as absent. Whereas, this March marks the Ninety third (93rd) Anniversary of Girl Scouting in the United States, and WHEREAS, in 1912, Juliette Low returning from England with a copy of the Girl Guide Book met with girls of Savanna, Georgia and told them what girls were doing in England. By the end of their talk the girls were beginning to start a troop, and WHEREAS, the first troop meeting of Girl Scouts in the United States was held in Savannah, Georgia on March 12, 1912. Before long the concept of Girl Scouts was adopted throughout the CITY OF SALEM 49 FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL United States. Juliette Low set high ideals for women in a time when women were restrained by society, and WHEREAS, Girl Scouting is still enjoyed today in every city or town across the United States. NOW, THEREFORE, BE IT RESOLVED: that the Salem City Council on behalf of the citizens of Salem extend their congratulations on the 93rd Anniversary of Girl Scouting in the United States. And Be It Further Resolved: that the City Council make this Resolution a matter of record of these proceedings, and that a suitable copy of this Resolution be presented to the Girl Scouts of Salem. #201 — FINANCIAL REPORT ENDING JANUARY 31, 2005 Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Financial Report ending January 31, 2005 be received and placed on file. #202 — ORDINANCE AMENDING TRAFFIC, LIMITED PARKING TIME, HARBOR STREET Councillor Corchado introduced the following Ordinance, which was adopted for first passage. In the year two thousand and five An Ordinance to amend an Ordinance relative to Traffic, Limited Parking Time Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 57A, is hereby amended by adding the following: "Harbor Street, westbound on the northerly side, in front of#73 Harbor Street, for a distance of twenty (20) feet, fifteen (15) minute parking 8.00 a.m. to 9.00 p.m., Parking Time Limited, Unmetered Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #203 — MEET WITH MAYOR REGARDING CITY COUNCIL COMMUNICATING WITH DEPT. HEADS 50 CITY OF SALEM FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL Councillor Pelletier introduced the following Order, which was adopted by a roll call vote of 6 yeas, 3 nays, 2 absent. Councillor Sosnowski, Sargent, Pelletier, O'Leary, Lovely and Bencal were recorded as voting in the affirmative. Councillors Veno, Furey and Corchado were recorded as voting in the negative. Councillors Harvey and O'Keefe were absent. ORDERED: That the Mayor be requested to appear before the Committee of the Whole to produce any City Charter, Ordinance or State Statute that prohibits any elected member of the City Council from communicating directly with any city employee, including department heads, relative to city business. Councillor Pelletier moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor O'Leary takes chair. #204 — CITY'S PLAN FOR POTHOLE, SIDEWALK AND STREET REPAIR FOR 2005 Councillor Bencal introduced the following Order, which was adopted. ORDERED: that the Director of Public Services and the Mayor or their representative be invited to appear before the Committee on Government Services relative to the City's plan for pothole, sidewalk and street repairs for 2005. Further, that this meeting take place before the second Council meeting in March and that the Committee report out its findings as soon as feasible. Councillor Bencal resumes Chair. #205- (#175-178) GRANTING CERTAIN LICENSES Councillor O'Leary offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was so voted to accept the report and adopt the recommendation. SECOND HAND CLOTHING Compliments Resale Boutique, 132 Boston St. TAG DAY S.H.S. Baseball Boosters, April 23, 2005 CITY OF SALEM 51 FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL TAXI CAB Salem Taxi, 201 Washington St. TAXI OPERATOR Albert Avallon, 98 Newbury St., Danvers Crescensio Martinez, 105 Congress St., Salem Ramon Bruno, 138 Franklin St., #7, Lynn Scott Rawinsky, 466 Newbury St., Danvers Edwin J. Smith, 466 Newbury St., Danvers Carlos J. Pacheco, 27 Albion St., Salem #206 — (#9) — TRANSFER TO SCHOOL— RESERVE FUND — CONTINGENCY Councillor Pelletier offered the following report for the Committee of the Whole. It was so voted to accept the report and adopt the recommendation. The Committee of the Whole, to whom was referred an Order to transfer $125,000.00 From "Free Cash" to "School — Reserve Fund — Contingency" Account, has considered said matter and would recommend to refer the matter to the Committee on Administration and Finance. #207 — (#18) —APPR. TO HUMAN RESOURCES — PART TIME SALARIES Councillor Pelletier offered the following report for the Committee of the Whole. It was so voted to accept the report and with no recommendation. Councillor Veno moved approval by roll call vote of 5 yeas, 4 nays, 2 absent. Councillors Veno, Sosnowski, Sargent, Furey and Corchado were recorded as voting in the affirmative. Councillors Pelletier, O'Leary, Lovely and Bencal were recorded as voting in the negative. Councillors Harvey and O'Keefe were absent. The Committee of the Whole, to whom was referred an Order to appropriate $16,184.01 from "Mayor's Office — Salaries" Account to "Human Resources — Part Time — Salaries" Account, has considered said matter and would recommend approval. Councillor Veno moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #208 — (#916 OF 2002) REQUEST TO PURCHASE CITY LAND ON BEACON STREET Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was so voted to accept the report and adopt the recommendation. 52 CITY OF SALEM FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL The Committee on Community and Economic Development, to whom was referred a request to purchase city owned land near Beacon Street has considered said matter and would recommend to request findings and recommendations from the Department of Public Works / City Engineer and the City Solicitor for abandonment and RFP of said land with an easement given back to the city or that a Use License be granted to the abutters and that the findings be reported back to the committee within thirty (30) days. #209 — (#168) — PARKING ISSUES ON FRONT, CHARTER AND CENTRAL STREETS Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was so voted to accept the report and adopt the recommendation. The Committee on Community and Economic Development, to whom was referred an Order Regarding parking issues on Front, Charter and Central Streets has considered said matter and would recommend that the Mayor move forward with plans for a second deck on the Almy's lot and conduct a detailed downtown parking study with recommendations. And report back with a course of action to the Committee within sixty, (60) days herefrom. #210 — (#109) — USE OF KERNWOOD MARINA FOR TOW STORAGE Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was so voted to accept the report and adopt the recommendation. The Committee on Community and Economic Development, to whom was referred an Order Regarding the use of Kernwood Marina for tow storage has considered said matter and would recommend that the matter remain in committee. #211 — CONDUIT ON LAFAYETTE STREET A hearing was ordered for March 10, 2005 on the petition of Massachusetts Electric Company for a conduit on Lafayette Street. #212 — CONDUITS ON CENTRAL STREET A hearing was ordered for March 10, 2005 on the petition of Massachusetts Electric Company for ten (10) conduits on Central Street. CITY OF SALEM 53 FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL #213 — POLE ON ESSEX STREET A hearing was ordered for March 10, 2005 on the petition of Massachusetts Electric Company for a pole on Essex Street. #214 -#218 — LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDE Lester Campagna, 104 Flint St. #2, Lynn Nichole Clarke, 28 Howard St., Salem Betsey Jackson, 62 Basse Rd., Lynn SECOND HAND VALUABLE Game Zone, 270 Essex St., Salem TAXI OPERATOR Jason Bottari, 10 Becket St., Salem Jody Bottari, 52 Harbor St., Salem Kelvin Pena, 65 Palmer St., Salem Jamie Lopez, 785 Western Ave., Lynn #219 -#222 — DRAINLAYER/CONTRACT OPERATOR LICENSES The following Drainlayer/Contract Operator License applications were granted R. DiLisio Co. Inc., 113 Fayette St., Lynn James W. Flett Co. Inc., 800 Pleasant St., Belmont P.F. Gallo & Sons, Inc., 51 Shelton Rd., Swampscott Village Construction Co. Inc., 190 Pleasant St., Marblehead #223 - CLAIM 54 CITY OF SALEM FEBRUARY 24, 2005 REGULAR MEETING OF THE CITY COUNCIL The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affaris. Paula Parker, 20 Naples Rd., Salem #224 -#226 — BONDS CONSTABLE Ronald Bertheim, 45 Newbury Ave., Methuen DRAINLAYER P.F. Gallo & Sons, Inc., 51 Shelton Rd., Swampscott Village Construction Co. Inc., 190 Pleasant St., Marblehead (#169) — ORDINANCE AMENDING TRAFFIC, STOP SIGN, NEW DERBY STREET The matter of second and final passage of an Ordinance amending Traffic, Section 49, Stop Sign on New Derby Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Sosnowski, the meeting adjourned at 8.10 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK