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MINUTES - Regular - 11/18/2010 530 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 18, 2010 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 12, 2010 at 9:11 A.M. This meeting was taped and was live on S.A.T.V. All Councillors were present. Council President McCarthy presided. Councillor Sosnowski moved to dispense with the reading of the record of the previous meeting. It was so voted. President McCarthy requested that everyone please rise to recite the Pledge of Allegiance. Councillor Ryan moved to take out of order under Mayor’s Informational Page a request by the Mayor for an opportunity to discuss the likely close of the Salem Harbor Plant in the next five years. No objections. Councillor Ryan requested and received unanimous consent for suspension of the rules to allow the Mayor to speak. (see Order #623) Councillor Ryan moved to return to the regular portion of the meeting. No objections #614 - APPOINTMENT OF KATHLEEN MCMAHON AS THE TREASURER The Mayor’s appointment of Kathleen McMahon to serve as the City of Salem’s Treasurer with a term to expire on January 31, 2013, was held until the next meeting of December 9, 2010 under the rules. #615 - CONSTABLES The Mayor’s appointment and reappointment of the following to serve as Constables with the following terms to expire, was received and placed on file. Mark Snider, 103 Boardman Ave., Melrose Term to Expire: November 8, 2013 Peter Yasi, 32 Millet Rd., Swampscott Term to Expire: October 26, 2011 Douglas Perry, 18R Thomas Rd., Swampscott Term to Expire: October 26, 2011 George Soffron, 1 Vermette Ct., Ipswich Term to Expire: November 7, 2013 531 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL #616 - APPR. TO REDUCE THE GROSS AMOUNT TO BE RAISED BY TAXATION The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Nine Hundred Thirty-Four Thousand, and Seventy Dollars ($934,070.00) is hereby appropriated from the following “Receipts Reserved for Appropriations” account to reduce the gross amount to be raised by taxation when FY2011 tax rate is set in accordance with the recommendation of Her Honor the Mayor. Receipt Reserved – Witch House $178,757.00 Receipt Reserved – Golf Course-WI $539,276.00 Receipt Reserved – Harbormaster $216,037.00 #617 - IMPLEMENT A PARKING TICKET AMNESTY PROGRAM The following Order recommended by the Mayor was adopted. ORDERED: That the City Council of the City of Salem hereby implements a Parking Ticket Amnesty program from December 1 through December 25, 2010, whereby late fees on parking violations collected during the time period will be waived in exchange for a donation of canned goods or non-perishable items. #618 - ACCEPT M.G.L. CH 32B SEC. 20 TO ESTABLISH AN OTHER POST EMPLOYMENT BENEFITS LIABILITY TRUST FUND The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole ORDERED: That the provisions of M.G.L. Chapter 32b, Section 20 are hereby accepted. (copy of Mass. General Law on file) #619 - ACCEPT M.G.L. CH. 31 SEC. 108P, COMPENSATE COLLECTOR & TREASURER FOR ADDITIONAL TRAINING The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole ORDERED: That the provisions of M.G.L. Chapter 41, Section 108p, are hereby accepted. (copy of Mass. General Law on file) 532 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL #620 – BOND ORDER FOR STUDY OF REPAIRS TO COLLINS MIDDLE SCHOOL Received after the deadline of Tuesday noon under suspension of the rules. The following Order recommended by the Mayor was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent and referred to the Committee on Administration and Finance co-posted with the Committee of the Whole. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. ORDERED: That the City of Salem hereby appropriates the sum of Six Hundred Eighty- Seven Thousand and Sixty-Two Dollars and no cents ($687,062.00) for a feasibility study in support of repairs to the Collins Middle School, 29 Highland Avenue, Salem, Massachusetts, said sum to be expended under the direction of the Salem School Building Committee, and to meet said appropriation the City Treasurer, with the approval of the Mayor, is hereby authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority: Be it further Ordered, as follows: That the City of Salem acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and costs the City of Salem incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City of Salem, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the City of Salem and the MSBA. #621 – BOND ORDER FOR STUDY OF REPAIRS TO SALTONSTALL SCHOOL Received after the deadline of Tuesday noon under suspension of the rules. The following Order recommended by the Mayor was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent and referred to the Committee on Administration and Finance co-posted with the Committee of the Whole. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. ORDERED: That the City of Salem hereby appropriates the sum of Three Hundred Twelve Thousand Dollars and no cents ($312,000.00) for a feasibility study in support of repairs to the Saltonstall School, 211 Lafayette Street, Salem, Massachusetts, said sum to be expended under the direction of the Salem School Building Committee, and to meet said appropriation the City Treasurer, with the approval of the Mayor, is hereby authorized to borrow said sum under M.G.L. Chapter 44, or any other enabling authority: 533 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL Be it further Ordered, as follows: That the City of Salem acknowledges that the Massachusetts School Building Authority’s (“MSBA”) grant program is a non-entitlement, discretionary program based on need, as determined by the MSBA, and costs the City of Salem incurs in excess of any grant approved by and received from the MSBA shall be the sole responsibility of the City of Salem, and that the amount of borrowing authorized pursuant to this vote shall be reduced by any grant amount set forth in the Feasibility Study Agreement that may be executed between the City of Salem and the MSBA. #622 - REQUEST FROM THE MAYOR TO ADDRESS COUNCIL REGARDING WATER METER REPLACEMENT PROGRAM Communication from the Mayor requesting an opportunity to discuss the City’s water meter replacement program with the City Council, was referred to the Committee on Government Services co-posted with the Committee of the Whole. Honorable Salem City Council 93 Washington Street Salem, MA 01970 Re: Water Meter Replacement Program Ladies and Gentlemen of the Council: I would like to request an opportunity to discuss the City’s water meter replacement program with the City Council at an upcoming committee meeting. As you may know, over the last several months the City has been in the process of procuring an installer and vendor to replace the majority of the City’s water meters at the residential and commercial level. Many of the City’s water meters are almost 20 years old, impossible to access and have become extremely unreliable. It is recommended that water meters be replaced every ten years. The City has chosen Ty Sales from Sudbury as the meter representative for Neptune meters. Easton Win Water from Brockton has been chosen as the installer. The new water meter system will be a fixed network meaning that all readings will be delivered though a wireless radio frequency. This new system will allow for more accurate readings, better access to more detailed information, improved water conservation measures and operational efficiencies. I look forward to discussing this project with you in further detail at a future meeting. Thank you for your consideration of this request. Very truly yours, Kimberley Driscoll Mayor 534 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL #623 - REQUEST FROM THE MAYOR TO ADDRESS COUNCIL REGARDING CLOSE OF THE SALEM POWER PLANT Received after the deadline of Tuesday noon under suspension of the rules. Communication from the Mayor requesting an opportunity to discuss the Salem Power plant closing. Councillor Ryan moved for suspension of the rules to allow the Mayor to speak. There was no objections. Honorable Salem City Council 93 Washington Street Salem, MA 01970 Ladies and Gentlemen of the Council: I am requesting to address the Council tonight on two issues. First, as you are undoubtedly aware, a key Dominion official has said it will likely close the Salem Harbor Power Plant in the next five years. The power plant is both a source of revenue and jobs for Salem and its residents and I would like to update you on the status of plans at the power plant. I would also like the chance to give you some information and answer any questions you may have about the bond authorizations for the Saltonstall School and Collins Middle School. Sincerely, Kimberley Driscoll Mayor #624 - ORDINANCE TRAFFIC HANDICAP PARKING ZONE, LAFAYETTE STREET Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage. In the year Two Thousand and Ten An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50A “Handicapped Zones” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Lafayette Street, Meier Hall, beginning sixty-one (61) feet from the driveway for a distance of sixty (60) feet in an easterly direction, three (3) spaces Handicap Parking, “Handicap Parking Zone” Section 2. This Ordinance shall take effect as provided by City Charter. 535 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL #625 - ORDINANCE TRAFFIC, HANDCAPPED ZONES, LIMITED TIME, HOWARD STREET Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year Two Thousand and Ten An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B “Handicapped Zones, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Howard Street in front of #50 for a distance of twenty (20) feet, “Handicap Parking” Section 2. This Ordinance shall take effect as provided by City Charter. #626 - ORDINANCE TRAFFIC, HANDCAPPED ZONES, LIMITED TIME, ESSEX STREET Councillor Sosnowski introduced the following Ordinance, which was In the year Two Thousand and Ten An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B “Handicapped Zones, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Essex Street in front of #54 for a distance of twenty (20) feet, “Handicap Parking” Section 2. This Ordinance shall take effect as provided by City Charter. #627 – SPECIAL RIGHT TO ALLOW DIONNE’S BOAT YARD USE OF FOREST STREET SEASONALLY Councillor Ronan introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services co-posted with the Committee of the Whole meet to discuss giving Dionne’s Boat Yard a special seasonal right to use Forest Street thth for the transportation of boats. The fall season would be September 15 through November 15 thth and the spring season would be May 15 through July 15. 536 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL #628 – TAX RELIEF FOR HOMEOWNERS WHO CONVERT MULTI-FAMILY BACK TO ORIGINAL STATUS Councillor Ronan introduced the following Order, which was adopted. ORDERED: That the Committee on Administration and Finance co-posted with Committee of the Whole meet to discuss the possibility of providing tax relief for residential tax payers who here and after convert a multi-family structure back to it’s original as built status. #629 – TAG DAY APPLICATION Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the enclosed Tag Day application be granted: Salem High School Hockey Boosters, November 27, 2010 and December 18, 2010 from 8:00 A.M. to Noon #630 – YEAR TO DATE BUDGET REPORT Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report dated October 31, 2010, be referred to the Committee on Administration and Finance. (Budget Report on file in the City Clerks Office) #631 – EXPANSION OF THE DOG PARK Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development meet to discuss the possible expansion of the dog park located at Leslie’s Retreat Park and the following be invited, Mayor or her representative, Park and Recreation Commission, Doug Bollen Park/Recreation & Community Service Director and the City Solicitor. 537 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL #632 – (#258) VETERAN’S MEMORIAL FOR PHILIAS VERRETT 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 Memorial for WW II Veteran Philias Verrette on City owned property at the corner of Mason and Friend Street, has considered said matter and would recommend to amend the application for the site to be Mack Park opposite Flint Street. #633 – (#368 of 2009) UNREGISTERED VEHICLE ORDINANCE 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 Unregistered Vehicle Ordinance, has considered said matter and would recommend that a request that the Solicitor form a sub-committee consisting of the Solicitor, Police Department, Fire Department, Building Inspector and Councillor to examine how other municipalities deal with this and to discuss the 21D Ticket Program. #634 – (#274 - #275) OUTDOOR SEATING FOR JAHO COFFEE 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 Outdoor seating for Jaho Coffee, has considered said matter and would recommend that the application be withdrawn for this year without prejudice and that Councillor Sosnowski be the contact person with the Commission on Disabilities with the owner of Jaho Coffee to submit written recommendation with next year’s application. #635 – (#468) HOME RULE PETITION FOR ADDITONAL LIQUOR 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 Home Rule Petitions for additional liquor licenses, has considered said matter and would recommend that the matter remain in Committee. 538 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL #636 – (217A of 2009) AMENDING AN ORDINANCE RELATIVE TO PUBLIC NOTICE AVAILABILITY OF INFORMATION (AKA SUNSHINE ORDINANCE) Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of amending an Ordinance relative to Public Notice Availability of Information, has considered said matter and would recommend adoption for first passage as amended. Councillor Lovely went over fine point of the amendments and summarized the Ordinance. Councillor Ronan asked to make a friendly amendment, that the 14 days be deleted and replaced with 21 days for draft minutes to be done, also delete the sentence “not withstanding 48 hours prior to post minutes” Councillor Lovely stated that it is for draft minutes and they can be scanned and put on the web. The stipen is paid for work done not on city time. She stated that she will not take the friendly amendment. Councillor Sosnowski supports Councillor Ronan on the 14 days and understands this is draft vs final. He stated the Mayor has 10 days following a meeting to return documents which she receives the Monday after a meeting. He stated he will support the 21 days not 14. Councillor Furey, stated the clerks office 21 days is a compromise. Councillor O’Keefe stated so the suggestion by Councillor Ronan is to correct 14 to 21 days. Councillor Ronan moved to amend 2-2029 by changing 14 calendar days to 21 calendar days. And strike the sentence “Notwithstanding the 14 calendar days preparation period, draft minutes must be available for review no later than 48 hours prior to a board’s next scheduled meeting” Councillor Pelletier supports Councillor Ronan and seconds the motion for amendments. Councillor Prevey supports the 14 days because they can be scanned as draft, we must be consistent with all boards. Councillor Sargent supports 14 days due to if there is a complaint council has 30 days to hold a hearing and it may be resolved by then. Councillor Pinto asked if its 14 working days or consecutive? He supports the 21 days he was never comfortable with the 14 days. 539 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL Councillor Lovely stated there are 25 Boards and commissions this is not just the City Clerk. Everyone gets paid. Draft minutes are available in 10 days. If it’s a will of the Council to change to 21 days so be it. The amendments were adopted by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Furey, O’Keefe, Pelletier, Pinot, Ronan, Ryan, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillors Lovely, Prevey and Sargent were recorded as voting in the negative. Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Ordinance was adopted for first passage as newly amended by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmation. Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #637 – (#562) SICK LEAVE BUYBACK FOR CAPT. JOHN JODOIN OF THE POLICE DEPT. 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 appropriation in the amount of $48,306.75 from the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account for the retirement of Capt. John Jodoin, has considered said matter and would recommend that the matter be approved. #638 – CITY SOLICITOR SUBMITTING AN ORDINANCE RELATIVE TO MAINTENANCE OF STRUCTURES AND PROPERTY City Solicitor submitting an Ordinance, Chapter 12, Article II relative to Maintenance of Structures and Property, was referred to the Committee on Ordinances, Licenses and Legal Affairs. In the year two thousand and ten An Ordinance to amend an Ordinance relative to maintenance of structures and property. Be it ordained by the City Council of the City of Salem, as follows: 540 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL Section 1. Chapter 12, Article II. Maintenance of Structures and Property, Division 2. Unsightly conditions, Section 12-57 through 12-60 are amended as follows: A. Sec. 12-57(a) is hereby amended by 1. Inserting the phrase “or the police department” immediately following the phrase “director of public property” as it appears in the first sentence of this section. 2. replacing the word “he” with the word “they” as it appears in the first sentence of this section. 3. inserting the phrase “or the chief of police or his/her designee” immediately following the phrase “director of public property” as it appears in the second sentence of this section. 4. inserting the phrase “you shall be subject to a fine of $300.00 and “ within the text of the last sentence of the notice requirement so that this sentence reads, “In the event you fail to complete such work within the time hereinabove mentioned, you shall be subject to a fine of $300.00 and the undersigned shall…” B. Sec. 12-57(b) is hereby amended by inserting the phrase “or the chief of police or his/her designee” immediately following the phrase “director of public property” as it appears in the second sentence of this section. C. Sec. 12-58 is hereby amended by inserting phrase “or the chief of police or his/her designee” immediately following the phrase “director of public property” as it appears in the first sentence of this section. This first sentence is further amended by addition of the phrase “subject to a $300.00 fine and” immediately following the phrase “and such person shall be” as it appears in this sentence. D. Sec. 12-60 is hereby amended by inserting the phrase “or the chief of police or his/her designee” immediately following the phrase “director of public property or his agents or employees” as it appears twice in this section. Section 2. This Ordinance shall take effect as provided by City Charter. #639 – CHIEF OF POLICE DENIAL OF TWO TAG DAY APPLICATIONS A communication from Chief Paul Tucker of the Police Department denying the following two tag day applications. (letter on file) IICD (Institute for International Cooperation and Development), Williamstown MA Southern N.H. Spirit Boosters Inc, Manchester, NH 541 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL #640 - #643 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. JUNK DEALER I. Talkowsky and Son, 18 Phillips St., Salem PUBLIC GUIDE Paul Gordon, 56 Margin St., Salem TAG DAYS SHS Girls & Boys Basketball, Jan. 15, 2011 & Jan. 22, 2011 SHS Gymnastics, Jan. 1, 2011 & Jan. 30, 2011 #644 - LIMOUSINE LICENSE APPLICATION The following license application was granted. LIMOUSINE Hudson Transportation Service, 33 Franklin St., Salem (1) #645 - DRAINLAYER / CONTRACT OPERATOR LICENSE The following Drainlayer/Contract Operator License application was granted. TFC Construction, 4 Valley Rd., Danvers #646 - #647 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Carmella Crosbie, 50 Freedom Hollow Rd., Salem Judith Herwig, 27 Bridge St., Salem 542 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL #648 - 651 BONDS The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE: Mark Snider, 103 Boardman Ave., Melrose Peter Yasi, 32 Millet Rd., Swampscott Douglas Perry, 18R Thomas Rd., Swampscott DRAINLAYER TFC Construction, 4 Valley Rd., Danvers (#597A) - AMEND RULE 28 OFF THE CITY COUNCIL BY ADDING PUBLIC INPUT The second reading of an Order to amend the rules and Orders of the City Council by adding Section 28C – Public Testimony portion of Regular Meeting. Adopted as amended by roll call vote of Yeas, Nays, Absent Councillor Sosnowski moved to amend by limit testimony to fifteen (15) minutes, that this start the first meeting in January 2011 and be for a six (6) month trial. Councillor Lovely assumed the chair. Councillor McCarthy agreed with amendments and asked to amend by deleting in the first sentence everything after the word “period”. #5 now reads as follows: 5. The Public Comment period is not a public hearing or a question and answer period. Councillor Lovely moved to amend by adding #6 “This rule shall commence in January 2011 and review on or before June 30, 2011 for further consideration.” Councillor O’Keefe moved to divide the question. The amendment to limit public testimony to 15 minutes was adopted by roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Furey, Lovely, Pelletier, Ronan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Lovely moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. On amending #5 to now read: “The Public Comment period is not a public hearing or a question and answer period”, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmation. 543 CITY OF SALEM NOVEMBER 18, 2010 REGULAR MEETING OF THE CITY COUNCIL Councillor Sosnowski moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. On the amendment to add #6 “This rule shall commence in January 2011 and review on or before June 30, 2011 for further consideration”, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmation. Councillor Lovely moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Lovely moved for adoption of adding Rule 28C Public Testimony portion of a Regular Council Meeting as amended. It was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmation. Councillor Lovely moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. On the motion of Councillor O’Keefe the meeting adjourned at 9:30 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK