MINUTES - Regular - 07-20-2000
CITY OF SALEM
JULY 20, 2000
550
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held n the Council Chamber on
Thursday, July 20, 2000 at 8:15 P.M. for the purpose of transacting any and all
business. Notice of this meeting was posted on July 13, 2000 at 3:26 P.M.
All Councillors were present.
Council President Kevin R. Harvey presided.
Councillor O'Keefe moved to dispense with the reading of the record of the
previous meeting. It was so voted.
President Harvey requested that everyone please rise to recite the Pledge
of Allegiance.
(#431) - APPT. PAUL NEENAN, CONSTABLE
The Mayor's appointment of Paul Neenan as a Constable for a term to
expire June 2, 2001, was received and placed on file.
#542 - APPT. JAMES B. HACKER, BOARD OF APPEAL
The Mayor's appointment of Mr. James B. Hacker to serve as a member
of the Board of Appeal for a term to expire May 1, 2001, was confirmed under
suspension of the rules, by a unanimous roll call vote of 11 yeas, 0 nays, 0
absent.
Councillor O'Leary moved that a letter of appreciation be sent to Mr.
Leonard Harrison. It was so voted.
Councillor O'Leary requested that the City Council observe a moment of
silence for the late Vincent DeToma, father of Councillor Laura DeToma, who
recently passed away.
#543 - REAPPT. DANIEL STANWOOD, CONSTABLE
The Mayor reappointment of Daniel V. Stanwood as a Cconstable for a
term to expire July 13, 2003, was received and placed on file.
#544 - APPR. CEMETERY SHADE TREE EQUIPMENT
The following Order, recommended by the Mayor, was adopted under
suspension of the rules.
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ORDERED: That the sum of Seventy-Three Thousand Two Hundred
Thirty-Two Dollars and Fifty Cents ($73,232.50) is hereby appropriated from the
"Capital Outlay Equipment" Account to be expensed for the purchase of a front
end loader backhoe for use by the Cemetery and Shade Tree Department in
accordance with the recommendation of His Honor the Mayor.
#545 - APPR. FIRE DEPARTMENT PHONE SYSTEM
The following Order, recommended by the Mayor, was adopted under
suspension of the rules.
ORDERED: That the sum of Thirty-Eight Thousand Eight Hundred
Seventeen Dollars ($38,817.00) is hereby appropriated from the "Capital Outlay
Equipment" Account to be expended for the purchase and installation of a
telephone system with voice mail for the Salem Fire Department Headquarters
and Station 6 at 29 Fort Avenue.
#546 - APPR. HARBORMASTER HAULING FLOATS EXPENSE
The following Order, recommended by the Mayor, was referred to the
Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fourteen Thousand Two Hundred Eighty
Dollars ($14,280.00) is hereby appropriated from the "Receipts Reserved
Harbormaster" Account to the "Harbormaster Hauling Floats" Account in
accordance with the recommendation of His Honor the Mayor.
#547 - TRANS. CEMETERY SALARIES
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Twenty-Three Thousand Eight Hundred
Seven Dollars and nine cents ($23,807.09) is hereby transferred from the
"Parking Department Salaries" Account to the "Cemetery Salaries" Account in
accordance with the recommendation of His Honor the Mayor.
#548 - AUTHORIZE MAYOR TO SUBMIT FIVE-YEAR PLAN FOR C.D.B.G.
FUNDS AND ADOPT ONE YEAR PLAN
The following Order was received from the Mayor.
ORDERED: That the Mayor, as the Chief Executive Officer of the City of
Salem, is hereby authorized to submit the City's Five-year Consolidated Plan and
One-year Action Plan for Fiscal Year 2001 to the U.S. Department of Housing
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and Urban Development (HUD), and to expend funds received under the
Community Development Block Grant FY01 Entitlement ($1,385,000), the FY01
HOME Grant ($183,177) and the carried over funds from previous fiscal years.
Councilor Driscoll moved to divide the question. It was so voted.
Councillor O'Keefe moved approval of the one year plan. It was so voted.
Councillors DeToma and LaCava were recorded as voting "present".
Councillor O'Leary moved that the five year plan be referred to the
Committee on Community and Economic Development. It was so voted.
#549 - ORDINANCE - SALARY OF ACCOUNT ASSISTANT, AND ZONING
BOARD OF APPEAL ASSISTANT
The following Ordinance, recommended by the Mayor, was referred to the
Committee on Ordinances, Licenses, and Legal Affairs.
In the year Two Thousand
An Ordinance to amend an Ordinance relative to the Salary and
Classification of Certain Employees of the City of Salem
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Section 2-52, is hereby amended as follows:
1. Establish the position of Assistant Accountant within Job Grade 12; and
2. Establish a stipend of "Zoning Board of Appeal Technical Assistant" at
an annual compensation not to exceed ten thousand dollars ($10,000.00)
Section 2. This Ordinance shall take effect as provided by City Charter.
#550 - SALEM HARBOR POWER PLANT OVERSITE COMMITTEE BE
FORMED.
Councillor Driscoll introduced the following Order, which was referred to
the Committee on Ordinances, Licenses, and Legal Affairs.
Councillor Sargent left the Chamber due to a conflict of interest.
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ORDERED:
WHEREAS: The Harvard School of Public Health has released a report
indicating that pollution from the Salem Harbor Power Plant is a significant
regional public health concern; and
WHEREAS: Officials from P G & E, the current owners of the Salem Harbor
Power Plant, have recently announced that they plan to commit $400 million to
upgrade and improve operations and emissions at the Salem Harbor Power
Plant; and
WHEREAS: The Commonwealth of Massachusetts Executive Office of
Environmental Affairs has recently proposed new draft regulations for the
operation of power generating facilities within the Commonwealth, including the
Salem Harbor Power Plant; and
WHEREAS: The Salem Harbor Power Plant plays a vital role in the city of
Salem's economy;
NOW, THEREFORE, BE IT ORDERED BY THE CITY COUNCIL OF THE CITY
OF SALEM, AS FOLLOWS:
That a Salem Harbor Power Plant Oversight Committee be established
consisting of no more than nine (9) individuals which shall include two (2)
representatives from the Board of Health; one (1) representative from the
business community; one (1) representative from the neighborhood abutting the
power plant; and five (5) Salem residents, with a preference for individuals who
have some experience, background or expertise in environmental sciences or
public utility operations. Each of these individuals shall be appointment by the
Mayor and confirmed by the City Council.
The Salem Harbor Power Plant Oversight Committee shall be charged with the
responsibility of reviewing studies prepared on the health impacts of the power
plant, reviewing the proposed improvements to be made to the power Plant by P
G & E, reviewing the proposed new DEP regulations, and making a
recommendation to the City Council and the Mayor on the effect the proposed
improvements and regulations will have on the public health. The Salem Harbor
Power Plant Oversight Committee may, with the approval of the Mayor and City
Council, retain consultants to provide assistance, as necessary.
#551 - SUPPORT OF CONTINUED OPERATION OF SALEM HARBOR
POWER PLANT
Councillor Driscoll introduced the following Resolution.
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RESOLUTION:
WHEREAS: Officials from P G & E, the current owners of the Salem Harbor
Power Plant, have recently announced that they plan to commit $400 million to
upgrade and improve operations and emissions at the Salem Harbor Power
Plant; and
WHEREAS: The Commonwealth of Massachusetts Executive Office of
Environmental Affairs has recently proposed new draft regulations for the
operation of power generating facilities with the Commonwealth, including the
Salem Harbor Power Plant; and
WHEREAS: The Salem Harbor Power Plant plays a vital role in the City of
Salem's economic well being;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SALEM, AS FOLLOWS:
That the City Council of the City of Salem hereby expresses support for the
continued operation of the Salem Harbor Power Plant in a manner that provides
the greatest protection for the public health and the environment.
Councillor Flynn amended by delete the final paragraph, and insert in
place thereof, the following:
"That the City Council of the City of Salem hereby expresses support for
the Salem Harbor Plant to operate in manner that provides greater protection for
the public health and the environment." It was so voted.
The Resolution was adopted as amended, so that it shall now read as
follows:
WHEREAS: Officials from P G & E, the current owners of the Salem Harbor
Power Plant, have recently announced that they plan to commit $400 million to
upgrade and improve operations and emissions at the Salem Harbor Power
Plant; and
WHEREAS: The Commonwealth of Massachusetts Executive Office of
Environmental Affairs has recently proposed new draft regulations for the
operation of power generating facilities with the Commonwealth, including the
Salem Harbor Power Plant; and
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WHEREAS: The Salem Harbor Power Plant plays a vital role in the City of
Salem's economic well being;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SALEM, AS FOLLOWS:
That the City Council of the City of Salem hereby expresses support for
the Salem Harbor Plant to operate in manner that provides greater protection for
the public health and the environment.
Councillor Sargent returned to the Chamber.
#552 - 15-MINUTE PARKING AT 118 BOSTON STREET
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the Police Traffic Division submit a traffic
recommendation for fifteen (15) minute parking at 118 Boston Street for a
distance of twenty (20) feet, Monday through Saturday, 8:00 A.M. to 4:00 P.M.
#553 - BLOCK PARTY, FLYNN STREET
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the attached request of the residents of Flynn Street to
hold a block party on Saturday, August 12, 2000 be approved.
Councillor Driscoll left the meeting at 9:00 P.M.
#554 - POLICE TRAFFIC ENDORSEMENT OF SPEED REGULATIONS AND
HEAVY VEHICLE EXCLUSION ON MARLBOROUGH ROAD
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the attached communication from Captain Robert
Callahan, Salem Police Traffic Division, endorsing the reduced speed limits and
the exclusion of heavy vehicles on Marlborough Road, be received and placed
on file.
#555 - COMMUNITY & ECONOMIC DEVELOPMENT MEET RE: VALLEY
STREET SPEEDING
Councillor O'Leary introduced the following Order, which was adopted.
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ORDERED: That the Committee on Community and Economic
Development with the Police Traffic Safety Officer and the residents of Valley
Street, to discuss the plan brought forward by the Valley Street neighborhood for
reducing speeding traffic.
#556 - ORDINANCE - CAPITAL IMPROVEMENT ADVISORY BOARD
INCLUDE A MEMBER OF THE CITY COUNCIL
Councillor O'Leary introduced the following Ordinance, which was adopted
for first passage.
In the year Two Thousand
An Ordinance to amend an Ordinance relative to the Capital Improvement
Advisory Board
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 30, Article V, Capital Improvement Planning, Section 30-167,
"Composition, appointment…" is hereby amended by deleting under subsection
(a) the number "11" and insert in place thereof, the number "12", as well as
deleting the word "seven" and insert in place thereof, the word "eight".
Subsection (a) is hereby further amended by adding the following to the first
sentence: "the Council President or his designee."
Section 2. Section 30-167, is hereby further amended by deleting the following
sentence:
"No member of the city council shall serve as a member of the board."
Section 3. This Ordinance shall take effect as provided by City Charter.
#557 - CROSSWALK BE INSTALLED ON SWAMPSCOTT ROAD
Councillor O'Leary introduced the following Order, which was adopted.
ORDERED: That the attached request by Atlantic Extrusion Corporation,
to install a crosswalk on Swampscott Road, be referred to the Police Traffic
Division for their review and implementation, and report back to the City Council
with the findings.
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#558 - USE OF ESSEX STREET MALL-HERITAGE DAYS - DOWNTOWN
COMMUNITY DAY
Councillor LaCava introduced the following Order, which was adopted.
ORDERED: That the attached request of the Salem Chamber of
Commerce to use Essex Street on Saturday, August 19, 2000 from 10:00 a.m. to
5:00 p.m. for Downtown Community Day, be approved.
#559 - USE OF SALEM COMMON-WEDDING-WILLIAM COLLARD
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That the City Council approve the attached request of
William Collard to use the Salem Common for a wedding on Thursday, July 27,
2000 at 11:00 a.m.
#560 - FINANCIAL REPORT FOR FISCAL YEAR ENDING JUNE 30, 2000
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the financial report of June 30, 2000, be received and
placed on file.
#561 - SALEM POSTMASTER EXPLORE POSTAL ANNEX IN VINNIN
SQUARE
Councillor Sargent introduced the following Order which was adopted.
ORDERED: That the City of Salem, working in conjunction with
Congressman Tierney's Office, respectfully request the Salem Postmaster to
explore the feasibility of opening a staffed postal annex in the Vinnin Square area
of Salem.
#562 - POLICE TRAFFIC DIVISION ERECT "SLOW CHILDREN" SIGNS ON
SUNSET ROAD
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the Salem Police Department Traffic Division, erect a
sign "Slow Children" opposite property at #10 Sunset Road.
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#563 - POLICE TRAFFIC DIVISION ERECT "SLOW CHILDREN" SIGNS ON
PATTON ROAD
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the Salem Police Department Traffic Division, erect a
sign "Slow Children" opposite property #5 and #7 Patton Road (child logo).
#564 - VETERANS SQUARE SIGN BE PLACED FOR VINNIN SQUARE
Councillor O'Keefe introduced the following Order, which was adopted.
ORDERED: That the Salem Police Department Traffic Division, working
in conjunction with the Veterans Agent, erect a suitable Veterans Square sign at
the intersection of Paradise Road and Vinnin Street, designating "Vinnin Square"
in honor of Thomas Vinnin, of Salem, who served our country during the
Revolutionary War, in defense of our seacoast.
#565 - COMM. ON PUBLIC HEALTH, SAFETY & ENVIRONMENT MEET RE:
DEVELOPMENT AT WENHAM LAKE
Councillor O'Leary assumed the Chair for President Harvey.
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety, and the
Environment meet with the Salem Conservation Commission and the Beverly
Conservation Commission, to discuss the development on Wenham Lake.
President Harvey resumed the Chair.
#566 - GRANTING CERTAIN LICENSES
Councillor Hayes 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 granting certain licenses has considered said matter and
would recommend that the following be granted:
TAXI OPERATOR Mark Adams, 59 Goodale St. Peabody
Lamount Chisholm, 68 Dane St., Beverly
John Dodge, 45 Front St., Byfield
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David Jalbert, 33 Boston St., Salem
Pamela Lawry, 14 School St., Beverly
Clarence Nesmith, 117 Lafayette St., Salem
Alexi Sindriglis, 26 Harrison Rd., Salem
TAG DAY SHS Color Guard & Percussion, Aug. 19, 2000
SHS Marching Band, Dec. 2, 2000
SHS Concert Band, May 5, 2001
SHS Jazz Band, March 10, 2001
PUBLIC GUIDE Lee Oestreicher, 3 Winter St., Salem
Alejandra Miranda-Ndon, 3 Winter St., Salem
#567 - (438) ORDINANCE PROHIBITING TOBACCO PRODUCTS ON
SCHOOL GROUNDS
Councillor Hayes 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 an Ordinance relative to Non-Criminal Fines for tobacco violations on
school property has considered said matter and would recommend adoption for
second and final passage.
#568 - (461) - ORDINANCE ESTABLISHING SALEM RESIDENCY FOR
MEMBERS OF BOARDS AND COMMISSIONS
Councillor Hayes 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 an Ordinance requiring Salem residency for members of Salem's Board
and Commissions has considered said matter and would recommend that the
Ordinance b adopted for second and final passage.
The recommendation of the Committee was adopted by a roll call vote of 6
yeas, 3 nays, 1 present, 1 absent. Councillors Flynn, Hayes, O'Keefe, O'Leary,
Sargent, and Harvey were recorded as voting in the affirmative. Councillors
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DeToma, Furey, and Lovely were recorded as voting in the negative. Councillor
LaCava was recorded as voting "present". Councillor Driscoll was absent.
Councillor O'Leary moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
#569 - (410) - FIVE YEAR AGREEMENT FOR OPERATION/MANAGEMENT
OF SALEM TRANSFER STATION
Councillor Lovely 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 the Transfer Station agreement has considered said matter and would
recommend that the matter remain in committee.
#570 - (443) - LETTER FROM DOUGLAS SABIN RE: WINTER ISLAND
ISSUES
Councillor Flynn offered the following report for the Committee on
Government Services. It was voted to accept the report and adopt the
recommendation.
The Committee on Government Services to whom was referred a letter
from Mr. Douglas Sabin regarding issues at Winter Island has considered said
matter and would recommend that the Park and Recreation Commission meet to
evaluate the following:
Parking of R.V.'s near the function hall; the number of picnic tables
available to the public; and the installation of waysides by the Boys Scouts; and
report back to the Committee.
#571 - (457) - STORM DRAIN ISSUES ON WILLOW AVENUE
Councillor Flynn offered the following report for the Committee on
Government Services. It was voted to accept the report and adopt the
recommendation.
The Committee on Government Services to whom was referred discussion
of the storm drain repair project at the end of Willow Avenue has considered said
matter and would report that the drain has been tv'd at a number of cross
connections and the broken connections are being repaired, and the final project
should be finished in the fall.
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#572 - (470) - SWEEPING OF SCHOOL GROUNDS, AND MAINTENANCE OF
CATCH BASINS
Councillor Flynn offered the following report for the Committee on
Government Services. It was voted to accept the report and adopt the
recommendation.
The Committee on Government Services to whom was referred the
determination of which Department is responsible for Street Sweeping and catch
basin maintenance on school grounds has considered said matter and would
report that the City's DPW sweeps the lots two times per year, and that the city
maintains and cleans the catch basins on an "as needed" basis.
#573 - FORMATION OF COALITION OF CITIES AND TOWNS TO DISCUSS
MARITIMES PIPELINE PROJECT
A communication from the Town of Danvers, requesting Salem's support
of a Coalition of cities and towns impacted by the Maritimes Northeast Pipeline
Project, was received and filed.
#574 - GOVERNOR'S RESPONSE TO RESOLUTION REGARDING SOLID
WASTE
A communication from James Dunbar, Legislative Aide to the Governor, in
response to Salem’s Resolution on Solid Waste, was received and filed.
#575 - PEABODY CITY COUNCIL COMMUNICATION REGARDING
SPEEDING AND HEAVY VEHICLES ON MARLBOROUGH RD
A communication from the Peabody City Council regarding speed limits
and heavy vehicles on Marlborough Rd. to the Peabody Line, was received and
filed.
#576 - USE OF SALEM COMMON, CHURCH OF LATTER DAY SAINTS
The request from Debra Benvie of the Church of Latter Day Saints to use
the Salem Common on July 26, 2000 for children’s activities, was approved.
#577 - USE OF ESSEX STREET MALL FOR CONCERTS BY "YARINA"
The request of Christine Phoenix-Green to use the Essex Street Mall
fountain area for musical concerts performed by "Yarina", during a portion of
Heritage Week, August 13-17, was approved.
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#576 - SALEM HALLOWEEN COMMITTEE PERMITS FOR PARADE, USE OF
SALEM COMMON, AND PSYCHIC FESTIVALS
The Salem Halloween Committee submitted the following requests:
1. Parade on Friday, October 6, 2000
2. Use of the Salem Common on Various dates
3. Psychic Festivals on Various dates and locations
4. Use of Forest River Park on various dates
Councillor Flynn moved to divide the question. It was so voted.
Councillor Flynn moved to approve the Use of the Salem Common on
various dates; Psychic Festivals on various dates and locations; and use of
Forest River Park on various dates. It was so voted.
Councillor Flynn moved approval of the parade, with the stipulation that
the concert end by 9:30 p.m. It was so voted.
Councillor O'Leary moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
#579 - COMM. FROM KENNETH BONACCI REGARDING SMOKING BAN ON
SCHOOL PROPERTY
A communication from Kenneth Bonacci regarding the proposed Smoking
Ban on School Property, and the ticketing of offenders, was received and filed.
#580 - OPPOSITION TO REZONING OF LEGGS HILL ROAD
A communication from Mr. & Mrs. Luddy of 16 Intervale Road, opposing
the proposed zoning changes to the Leggs Hill Road Area, was received and
filed.
#581 - HEALTHLINK ADVISING COUNCIL OF UPCOMING MEETING WITH
D.E.P.
A communication from Healthlink regarding an upcoming meeting on July
27, with the Department of Environmental Protection, and requesting an
opportunity to address the Council, was referred to the Committee of the Whole.
Councillor Sargent was recorded as voting "present".
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#582 - #584 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on
Ordinances, Licenses, and Legal Affairs.
TAG DAY VFW 95 Derby St. May 10,11,12, 2001
Salem Little League, May 19 & June 16, 2001
TAXI OPERATOR James J. Cook Jr., 55 Sohier Rd., Beverly
Thomas J. Matula, 43 Boston St., Salem
Wilfredo Moreno, 26 Geneva St., Salem
#585 - #586 - BLOCK PARTIES
The following Block Party applications were granted.
Purchase/Berube/Ober Sts. – September 1, 2000
Moffatt/Pershing Rd - August 22, 2000
#587 - #589 - CLAIMS
The following Claims were referred to the Committee on Ordinances,
Licenses, and Legal Affairs.
Mildred Baltoumas, 13 Wilson Terr., Peabody
Michael Ryan, 129 Fort Ave., Salem
Stephen J. White, 12 Jennings Cir., Peabody
#590 - CONSTABLE BOND
The following Bond was referred to the Committee on Ordinances,
Licenses, and Legal Affairs and returned approved.
CONSTABLE Daniel V. Stanwood, Jr., 77 Leach St., Salem
(#437) - ORDINANCE AMENDING MANAGEMENT AND NON-UNION
EMPLOYEES EFFECTIVE JULY 1, 2000
The matter of second and final passage of an Ordinance amending the
salary and classification of management and non-union employees, effective July
1, 2000, was adopted for second and final passage.
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(#450) - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, 15
FRANKLIN COURT
The matter of second and final passage of an Ordinance amending Traffic,
Handicap Parking, at #15 Franklin Court, was then taken up. The Ordinance was
adopted for second and final passage.
On the motion of Councillor O'Keefe, the meeting adjourned at 9:45 p.m.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK