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MINUTES - Regular - 3/10/2005 CITY OF SALEM 61 MARCH 10, 2005 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, March 10, 2005 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 4, 2005 at 10.56 A.M. Councillor O'Keefe was recorded as being absent Council President Michael Bencal presided. Councillor Pelletier 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. #227 — POLE LOCATION AND 2 CONDUITS ON ESSEX STREET A hearing was held on the Order of Massachusetts Electric Company of a pole location and 2 conduits on Essex Street. Appearing in favor was Mr. Dorsey of Massachusetts Electric Company also in favor was Julie Lederhaus Manager of the Hawthorne Hotel. There was no one opposed. The hearing was closed. Councillor Corchado moved that the permit be granted. It was so voted. #228 — CONDUIT ON LAFAYETTE STREET A hearing was held on the order of Massachusetts Electric Company for a conduit on Lafayette Street. Appearing in favor was Ms. Dena Aravantinos of Massachusetts Electric Company also in favor was Mr. Nick collides representative for the Derby Lofts. There was no one opposed. The hearing was closed. Councillor Corchado moved that the permit be granted. It was so voted. #229 — TEN (10) CONDUITS ON CENTRAL STREET A hearing was held on the order of Massachusetts Electric Company for ten (10) conduits on Central Street. Appearing in favor was Ms. Dena Aravantinos of Massachusetts Electric 62 CITY OF SALEM MARCH 10, 2005 REGULAR MEETING OF THE CITY COUNCIL Company. Councillor O'Keefe asked Ms. Aravantinos if Massachusetts Electric Company would identify where the double poles are in the City and when would they be replace. Ms. Aravantinos would pass the Councillors message along to the proper person at Massachusetts Electric Company. There was no one opposed,. The hearing was closed. Councillor Corchado moved that the permit be granted. It was so voted. Councillor O'Keefe arrived. #230 —APPOINTMENT OF TIMOTHY F. READY TO THE PLANNING BOARD The Mayor's appointment of Timothy F. Ready to serve as a member of the Planning Board for a term to expire April 1, 2009. The appointment was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Mr. Ready to speak. Councillor O'Leary moved that a letter and City Seal be sent to Ellen DiGeronimo. It was so voted. #231 —APPOINTMENT OF KEVIN WALKER TO THE CABLE COMMISSION The Mayor's appointment of Kevin Walker to serve as a member of the Cable Commission for a term to expire December 31, 2005. The appointment was confirmed under suspension of the rule by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Harvey requested and received unanimous consent to suspend the rules and allow Mr. Walker to speak. #232 —#235 —APPT. AND REAPPT. OF CONSTABLES Mayor's appointment and reappointment of the following to serve as a Constable with the following terms was received and filed: Shayne E. Ledwell, 484 Off Green St., Weymouth, term expires Feb. 8, 2006 James W. Townsend, 126 Front St., Ashland, term expires February 15, 2008 Fernando Valadao, 50 Hanson St., Salem, term expires January 16, 2007 Brian Davis, 21 Oakhurst Ave., Ipswich, term expires February 24, 2007 CITY OF SALEM 63 MARCH 10, 2005 REGULAR MEETING OF THE CITY COUNCIL #236 —APPOINTMENT OF DIANNE M. MORAN FOR THE CABLE COMMISSION The following appointment was received from the Mayor after the deadline of Tuesday Noon. Councillor Harvey requested and received unanimous consent to suspend the rules. The Mayor's appointment of Dianne M. Moran to serve as a member of the Cable Commission for a term to expire December 31, 2005, was confirmed by unanimous roll call voted of 11 yeas, 0 nays, 0 absent. Councillor Harvey requested and received unanimous consent to suspend the rules to allow Ms. Moran to speak. It was so voted. #237 —APPR. POLICE OVERTIME The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One hundred thousand dollars ($100,000.00) is hereby appropriated from "Fund Balance — Free Cash" Account to "Police Overtime — Line Item" Account in accordance with the recommendation of His Honor the Mayor. #238 —APPR. POLICE — SALARIES FULL TIME The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Seventy-two thousand, two hundred eighty-five dollars and fifty-eight cents ($72,285.58) is hereby appropriated from "Fund Balance — Free Cash" Account to "Police — Salaries Full Time" Account in accordance with the recommendation of His Honor the Mayor. #239 —APPR. POLICE — FRINGE/STIPENDS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Thirty-six thousand, Four hundred fifty dollars ($36,450.00) is hereby appropriated from "Fund Balance — Free Cash" Account to "Police — Fringe/Stipends" Account in accordance with the recommendation of His Honor the Mayor. 64 CITY OF SALEM MARCH 10, 2005 REGULAR MEETING OF THE CITY COUNCIL #240 —APPR. POLICE — SALARIES FULL TIME The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twelve Thousand, Six Hundred Twenty-one dollars and Twenty-one cents ($12,6211.20) is hereby appropriated from "Fund Balance — Free Cash" Account to "Police — Salaries — Full Time" Account in accordance with the recommendation of His Honor the Mayor. #241 — RAISE IRISH FLAG FOR ST. PATRICK'S DAY Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Superintendent of the Park and Recreation Department raise the Irish Flag at Riley Plaza and on the pole outside City Hall on March 16 & 20t", 2005 in honor of St. Patrick's Day. #242 — NON-PROFIT ORGANIZATIONS CONDUCTION FOR-PROFIT ENTERPRISES Councillor Lovely introduced the following Order which was adopted. ORDERED: That the matter of non-profit organizations conduction for-profit enterprises be referred to the Committee on Community and Economic Development for review. Councillor O'Leary assumed the Chair for President Bencal. #243 — FUTURE PLANS FOR THE NORTH SHORE MEDICAL CENTER FACILITY Councillor Bencal introduced the following order which was adopted. ORDERED: That Robert Norton of North Shore Medical Center be invited to appear before the City Council's Committee of the Whole relative to the current status and future plans for their facility. Councillor Bencal resumed the Chair. CITY OF SALEM 65 MARCH 10, 2005 REGULAR MEETING OF THE CITY COUNCIL #244- M.G.L. CH. 43113, SEC. 12A— OPTIONAL CHARTER Councillor Harvey introduced the following order which was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet with the Charter commission and Marilyn Contreas to discuss the Council responsibility under Chater 43B, section 12A. And that the City Clerk also be invited. #245 — (#214 4218) GRANTING LICENSES Councillor Harvey offered the following report of the Committee on Ordinances, Licenses and Legal Affairs. It was so 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. 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 Kelvin Pena, 65 Palmer St., Salem Jamie Lopez, 785 Western Ave., Lynn #246 — (#161) —APPR. GOLF COURSE EQUIPMENT Councillor Veno offered the following report for the Committee on Administration and Finance. It was so 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$21,082.00 to Park and Recreation — Golf course Equipment has considered said matter and would recommend approval. 66 CITY OF SALEM MARCH 10, 2005 REGULAR MEETING OF THE CITY COUNCIL #247 — (#194) —APPR. UTILITY SERVICES AND REPAIR Councillor Veno offered the following report for the Committee on Administration and Finance. It was so 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$50,000.00 to Public Services —Water— Utility Services & Repair has considered said matter and would recommend approval. #248 — (#195) —APPR. GASOLINE & DIESEL Councillor Veno offered the following report for the Committee on Administration and Finance. It was so 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$34,171.00 to Public Services —water— Gasoline & Diesel has considered said matter and would recommend approval. #249 — (#196) —APPR. POLICE DETAIL Councillor Veno offered the following report of the Committee on Administration and Finance. It was so 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 to Public Services —Water— Police Detail has considered said matter and would recommend approval. #250 — (#9) —APPR. SCHOOL — NEGOTIATED SALARY INCREASES Councillor Veno offered the following report of the Committee on Administration and Finance. It was so voted to accept the report and adopt the recommendation. Councillor Bencal was recorded as opposed. The Committee on Administration and Finance to whom was referred the matter of an appropriation of$125,000.00 to School — Reserve Fund — Contingency has considered said matter and would recommend approval. CITY OF SALEM 67 MARCH 10, 2005 REGULAR MEETING OF THE CITY COUNCIL #251 — (#113) D.A.R.E. FUNDING Councillor Veno offered the following report of the Committee on Administration and Finance. It was so voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of D.A.R.E. program funding and two school resource officer has considered said matter and would recommend that the matter be held in committee. #252 —#253 TAXI CAB/LIMOUSINE LICENSES The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. TAXI CAB Community Taxi, 27R Caller St., Peabody (6) Tri-City Services Inc., 55R Walnut St., Peabody (6) LIMO Tri-City Services Inc., 55R Walnut St., Peabody (2) TAXI OPERATOR Roberto A. Disla, 24 Rainbow Terr, Salem #254 — DRAINLAYER/CONTRACT OPERATOR LICENSES The following Drainlayer/ Contract Operator License was granted. Ciampa Construction, 36 Dewey St., Saugus #255 -#259 — CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affai rs. Esam Abdelgadir, 48 Clark St., Salem Orlando DiPaolo, 11 Locust St., Salem James LaGarde, 210 Essex St., Whitman Jillian Marshall, 265 Essex St., Gloucester Matt Taylor, 27 Shore Ave., Salem 68 CITY OF SALEM MARCH 10, 2005 REGULAR MEETING OF THE CITY COUNCIL #260 -#264 — BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Shayne E. Ledwell, 484 Off Green St., Weymouth Fernando Valadao, 50 Hanson St., Salem James W. Townsend, 126 Front St., Ashland Brian Davis, 21 Oakhurst Ave., Ipswich DRAINLAYER Ciampa Construction, 36 Dewey St., Saugus (#202) — SECOND PASSAGE — ORDINANCE — TRAFFIC, LIMITED PARKING TIME, HARBOR STREET The matter of second and final passage of an Ordinance amending Traffic, Section 57A, Limited Time Parking, Harbor Street, was then taken up. The Ordinance was adopted for second and final passage. (#198) — SECOND PASSAGE — ORDINANCE — TRAFFIC, HANDICAP PARKING, SALEM STREET The matter of second and final passage of an Ordinance amending traffic, Section 50B, Handicap Parking, Salem Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Sargent, the meeting adjourned at 8.45 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK