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MINUTES APRIL 22, 2004

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


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.



#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 4th, 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

TAXI OPERATOR
CONTINUED       Santo Santana, 9 Prince St. Pl., 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
        
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.







(#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