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MINUTES - Regular - 4/11/2002 CITY OF SALEM 403 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 11, 2002 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on April 5, 2002 at 10.12 A.M. Councillors Harvey and O'Keefe were absent. Council President Regina R. Flynn presided. Councillor Bencal moved to dispense with the reading of the record of the previous meeting. It was so voted. President Flynn requested that everyone please rise to recite the Pledge of Allegiance. #253 - EXECUTIVE SESSION WITH DIRECTOR OF HUMAN RESOURCES Councillor O'Leary moved to take out of order, under Communications from City Officials, the request of Elizabeth Rennard, Human Resources Director, to hold an Executive Session to discuss the settlement of a Workmen's Compensation case. It was so voted. Councillor O'Leary moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session, and at the end of the Executive Session, the regular meeting will continue. It was so voted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. SEE END OF MEETING FOR MINUTES OF EXECUTIVE SESSION. Councillor O'Leary moved that the regular meeting continue. It was so voted. #254 - CONDUIT LOCATION ON PURITAN ROAD A hearing was held on the Order of Massachusetts Electric Company for two (2) conduit locations on Puritan Road for the Witchcraft Heights School project. Appearing in favor was Councillor O'Leary, who stated that the gentleman from Massachusetts Electric Company was unable to attend the hearing due to a family health emergency. There was no one opposed. The hearing was closed. Councillor O'Leary moved that the permit be granted. It was so voted. #255 -APPT. LAURENCE S. SPANG AS MEMBER OF HISTORIC COMMISSION 404 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL The Mayor's appointment of Laurence S. Spang to serve as a member of the Historic Commission for a term to expire March 1, 2005, was confirmed under suspension of the rules, by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. Councillor Bencal moved that a letter and City Seal be sent to Mr. Kelleher. It was so voted. #256 -APPT. ROSE KILROY AS MEMBER OF HISTORIC COMMISSION The Mayor's appointment of Rose Kilroy as a member of the Historic Commission for a term to expire March 1, 2004, was confirmed under suspension of the rules, by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. Councillor Chuber requested and received unanimous consent to suspend the rules to allow Mrs. Kilroy to speak. #257 - REAPPT. LOUIS MANGIFESTI AS MEMBER OF HISTORIC COMMISSION The Mayor's reappointment of Louis N. Mangifesti to serve as a member of the Historical Commission for a term to expire March 1, 2004, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. #258 - REAPPT. OF PLANNING BOARD MEMBERS The Mayor's reappointment of the following members of the Planning Board for terms to expire as designated, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. Gene Collins, 63 Appleton St., term to expire May 1, 2004 William R. Cullen, 41 Walter St., term to expire May 1, 2005 Charles M. Puleo, 5 Freeman Rd., term to expire May 1, 2005 John C. Moustakis, 28 Dearborn St., term to expire May 1, 2006 #259 - REAPPT. PHILIP POTVIN AS MEMBER OF PARK & RECREATION COMMISSION CITY OF SALEM 405 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL The Mayor's reappointment of Philip R. Potvin as a member of the Park and Recreation commission for a term to expire the first Monday in May, 2006, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. #260 - REAPPT. JUDGE THADDEUS BUCZKO TO BOARD OF TRUST FUND COMMISSIONERS The Mayor's reappointment of Judge Thaddeus Buczko as a member of the Board of Trust Fund Commissioners for a term to expire April 1, 2014, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. #261 - REAPPT. MICHAEL BRENNAN TO SALEM REDEVELOPEMNT AUTHORITY The Mayor's reappointment of Michael J. Brennan as a member of the Salem Redevelopment Authority for a term to expire August 1, 2006, was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. #262 - REAPPT. CEMETERY COMMISSION MEMBERS The Mayor's reappointment of certain members of the Cemetery Commission was withdrawn, as the term have not yet expired. #263 - REAPPT. MEMBERS OF COUNCIL ON AGING The Mayor's reappointment of the following members of the Council on Aging for terms expiring October 1, 2004, was received after the deadline of Tuesday Noon. Councillor Driscoll requested and received unanimous consent to suspend the rules. The reappointments were confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. Roland H. Jean, Jr., 7 Hersey Street, Salem John A. Walsh, 95 Broadway, Salem #264 -APPR. PUBLIC PROPERTY POSTAGE 406 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL The following Order, recommended by the Mayor, was adopted under suspension of the rules ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Public Property - Postage" Account in accordance with the recommendation of His Honor the Mayor. #265 -APPR. HEALTH DENTAL/MEDICAL SERVICES The following Order, recommended by the Mayor, was adopted under suspension of the rules ORDERED: That the sum of One Thousand Eight Hundred Thirty-Three Dollars ($1,833.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" Account to the "Health Department - Dental/Medical Services" Account in accordance with the recommendation of His Honor the Mayor. #266 - NORTH RIVER PARK BE NAMED "LESLIE'S RETREAT PARK" The following Order, recommended by the Mayor, was adopted. ORDERED: Upon the city's acceptance of the so-called North River Linear Park from the State, the Mayor and City Council hereby recommend that this recreational area be named "Leslie's Retreat Park." #267 - ORDINANCE ESTABLISH TOURISM BUSINESS LICENSE, FEE, AND REVOLVING FUND The following Ordinance was recommended by the Mayor. In the year two thousand and two An Ordinance to amend an Ordinance relative to Business Licenses and Fees Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 14, Business Licenses and Fees, is hereby amended by adding the following new sections: Sec. 14-46. Tourism Business License. Any vendor that charges for admission to places of amusement, sport, or exhibition regardless of non-profit status shall be licensed in accordance with this CITY OF SALEM 407 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL section and pay all applicable fees. The City Clerk shall issue, on an annual basis, a license for all tourism businesses in the City of Salem. A "tourism business" shall include any exhibit, event, or show, whether a single exhibit, event, or show or ongoing exhibit, event, or show, regardless of duration, that charges admission to the public to said exhibit, event, or show, and shall include, but not be limited to, all museums, tourist facilities, guided vehicle tours, entertainments, carnivals, circuses, concerts, bazaars and fairs. For the purposes of this section, the term "sport" includes any sporting event, exhibition, or competition, and whether a single event, exhibition, or competition, or ongoing event, exhibition, or competition regardless of duration, that charges admission to the public to attend such event, exhibition, or competition. This section shall not apply to an amusement, sport, or exhibit organized or sponsored by a religious organization, the City of Salem, an entity of the Commonwealth, or the federal government. Sec. 14-47. Tourism Business License Fee. A fee of one dollar ($ 1.00) per ticket or admission price is hereby imposed as a license fee upon sales at retail in the City of Salem by any vendor of tickets or charge for admission to places of amusement, sport, or exhibit licensed in accordance with Sec. 1446. The vendor shall pay the fees collected to the Treasurer of the city no later than the twenty-first day of the month for all ticket sales for the prior calendar month. The City Treasurer shall have the authority upon ten days notice to audit the books and records of any vendor subject to this ordinance to determine compliance with this section. Failure to comply with the provisions of this section, including failure to permit inspection of books and records by the Treasurer upon notice, shall be punishable by revocation or suspension of applicable licenses, including any license issued by any city department, board, or commission held by the vendor, in accordance with applicable law. In addition, the Treasurer may impose any fine authorized by law for violation of this ordinance. Sec. 14-48. Tourism Revolving Fund. There is established within the Department of Planning and Community Development a revolving fund in accordance with G.L. c. 44, Sec. 53E1/2 for the purpose of expanding tourism and promoting tourism related businesses in the City of Salem. This fund shall be subsidized by fifty percent (50%) of the revenue collected under Sec. 14-47. Expenditures from the fund shall be made by the Mayor, as approved by the City Council, and shall be related to the promotion of tourist related businesses and tourism in the City of Salem. Such expenditures may include, but are not limited to, improvements and betterments to historic structures owned or maintained 408 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL by the city, infrastructure improvements and betterments, beautification of the downtown and tourist related public destinations, construction or rehabilitation of tourist related public spaces, grants and loans to tourist related businesses licensed under Sec. 14-46, printing and distribution of tourist related promotions, media advertising to increase visibility of Salem as a tourist destination, or such other tourist related expenditures as the Mayor and City Council may approve from time to time. Section 11. This Ordinance shall take effect as provided by City Charter. #267A -AMENDMENT TO TOURISM BUSINESS LICENSE Councillor Driscoll offered the following motion of amendment: AMENDMENT TO ORDINANCE ESTABLISHING TOURISM BUSINESS LICENSE, FEES, AND TOURISM REVOLVING FUND Whereas, the City Council applauds the efforts of the Mayor and the Council President to identify additional revenue streams for the City, and Whereas, the City Council is generally supportive of the concept of a reasonable "surcharge on public attractions," sometimes referred to as a "ticket tax" aimed at generating revenues to off-set the expenses related to the operation of such venues and improving the attractiveness of the City to visitors and residents alike, and Whereas, the City Council is desirous of fully exploring the process for implementing such a "surcharge" or "ticket tax" within the City of Salem, and Whereas, the proposed ordinance amendment to establish a "surcharge" and license requirement for certain public attractions in the City has not been reviewed or discussed with those most impacted and additional analysis is necessary prior to the City Council undertaking a serious review of the proposal, Now Therefore Be It Further ORDERED that the Administration provide the Council with the following additional information regarding the proposed ordinance amendment to impose a surcharge on certain license holders, prior to the matter being taken up by the Committee on Ordinances, Licenses and Legal Affairs: 1) A legal opinion from the City Solicitor, with significant input and direction from the Massachusetts Department of Revenue (or other state agency that has oversight of municipal finance matters), certifying that the proposed surcharge is a legally tenable manner for the City to raise revenues and that the proposal does not require any further review or approval from the state legislature or other authorities. Most importantly, the opinion should make a determination as to CITY OF SALEM 409 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL whether or not the proposal constitutes a "tax" or a "fee," and whether the City can act unilaterally to implement such a measure. 2) The Administration is requested to convene a meeting with the public attractions most impacted by the proposed surcharge in order to obtain their feedback regarding the proposal, as well as determine any revisions or amendments that should be made to the proposal prior to the Council taking this measure up for review. It is anticipated that the feedback gained from the attractions most impacted, as well as any proposed amendments to the proposal, would be transmitted to the Council via a written memorandum. The goal of having the Administration convene such a meeting would be to generate consensus on key aspects of the proposed ordinance amendment and/or at the very least to narrow the issues raised by those most impacted into a comprehensive, but concise document that can be used by the Council as a tool to craft the final draft of any proposed ordinance or legislation. Councillor Lovely assumed the Chair for President Flynn. Councillor Furey moved that the amendment be tabled. The motion was defeated by a roll call vote of 2 yeas, 7 nays, 2 absent. Councillors Furey and O'Leary were recorded as voting in the affirmative. Councillors Bencal, Chuber, DeToma, Driscoll, Lovely, Sargent, and Flynn were recorded as voting in the negative. Councillors Harvey and O'Keefe were absent. Councillor Driscoll's amendment was adopted by a roll call vote of 7 yeas, 2 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Lovely, O'Leary, and Sargent were recorded as voting in the affirmative. Councillors Furey and Flynn were recorded as voting in the negative. Councillors Harvey, and O'Keefe were absent. Councillor Driscoll moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Ordinance as submitted by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. Councillors Furey and O'Leary were recorded as "opposed". President Flynn resumed the chair. #268 - DECLARE SCHOOL DEPT. EQUIPMENT SURPLUS The following Order was received from the Mayor after the deadline of Tuesday Noon. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow the matter before the Council. 410 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL The Order was adopted. ORDERED: That the following items from the Salem School Department are hereby declared surplus city property: One (1) Air Compressor and auxiliary equipment Three (3) File Cabinets AND BE IT FURTHER ORDERED: Under the provisions of Chapter 2, Section 2-1689, permission to transfer the air compressor to the Department of Public Services Central Motors Repair Garage, and to transfer three file cabinets to the Office of Veterans Services is hereby granted. #269 - GOVERNMENT SERVICES MEET REGARDING FUTURE OF MARKET AREA AND MARKET STALLS Councillor Furey introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet with the Director of Planning, the Market and Tourist Commission, market stall businesses, Chamber of Commerce, City Solicitor, Main Streets Initiative and the abutting neighbors to study the future of the market stalls, as to whether to close them entirely or to revitalize them. #270 - ORDINANCES, LICENSES, AND LEGAL AFFAIRS MEET REGARDING PARKING TICKET SURCHARGES Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the Parking Director be invited to appear before the Committee on Ordinances, Licenses and Legal Affairs to discuss the possibility of installing a surcharge for subsequent parking violations. #271 - SCHOOL DEPARTMENT BUDGET REPORT Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the School Department Budget Report dated March FY02 be received and referred to the Committee on Administration and Finance. #272 - RESOLUTION - SUPPORT OF COMMUTER RAIL SERVICE/BLUE LINE Councillor Driscoll introduced the following Resolution: CITY OF SALEM 411 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL RESOLUTION: Whereas, there exists a strong desire on the part of the City of Salem to improve and enhance rail transit service to the community, and Whereas, the Massachusetts Bay Transit Authority (MBTA) and the North Shore Major Investment Study Committee is considering a number of alternative transportation projects to improve transit service to the North Shore and in particular the City of Salem, and Whereas, one project under consideration could potentially result in a major transit terminus stop in South Salem, and Whereas, there exist a number of other alternative transportation projects to improve transit service to the City of Salem, namely: 1) improving and enhancing the current commuter rail line by providing more frequent service; 2) constructing a connector rail between the current commuter rail line and Wonderland; 3) replacing the commuter rail line with a rapid transit system (a.k.a. Coastal Corridor), Whereas, the Federal Transit Administration, in conjunction with the MBTA and the North Shore Major Investment Study Committee, is in the midst of preparing a scope for an Environmental Impact Statement on transit improvements between Revere and Salem, Now Therefore Be It RESOLVED, as follows: That the City Council of the City of Salem supports the North Shore Major Investment Study Committee's efforts to achieve consensus on mass transit improvement projects on the North Shore, Be It Further RESOLVED that the City Council strongly supports improvement and enhancement of existing commuter rail transit service to the community and would encourage the Federal Transit Administration (FTA), the MBTA, and the North Shore Major Investment Study Steering Committee, to include the following transportation improvement measures in the proposed EIS scope: 1) improving and enhancing the current commuter rail line by providing more frequent service; 2) constructing a connector rail between the current commuter rail line and Wonderland; 3) replacing the commuter rail line with a rapid transit system (a.k.a. Coastal Corridor) . Be It Further RESOLVED that the City Council of the City of Salem does not support a major rail transit terminus stop in South Salem. Councillor Driscoll amended "City of Salem does not consider a major rail transit terminus stop in South Salem a priority." It was so voted. 412 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL The resolution was adopted as amended by a roll call vote of 8 yeas, 1 nay, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative. Councillors Harvey and O'Keefe were absent. The resolution reads as follows- RESOLUTION- Whereas, there exists a strong desire on the part of the City of Salem to improve and enhance rail transit service to the community, and Whereas, the Massachusetts Bay Transit Authority (MBTA) and the North Shore Major Investment Study Committee is considering a number of alternative transportation projects to improve transit service to the North Shore and in particular the City of Salem, and Whereas, one project under consideration could potentially result in a major transit terminus stop in South Salem, and Whereas, there exist a number of other alternative transportation projects to improve transit service to the City of Salem, namely: 1) improving and enhancing the current commuter rail line by providing more frequent service; 2) constructing a connector rail between the current commuter rail line and Wonderland; 3) replacing the commuter rail line with a rapid transit system (a.k.a. Coastal Corridor), Whereas, the Federal Transit Administration, in conjunction with the MBTA and the North Shore Major Investment Study Committee, is in the midst of preparing a scope for an Environmental Impact Statement on transit improvements between Revere and Salem, Now Therefore Be It RESOLVED, as follows: That the City Council of the City of Salem supports the North Shore Major Investment Study Committee's efforts to achieve consensus on mass transit improvement projects on the North Shore, Be It Further RESOLVED that the City Council strongly supports improvement and enhancement of existing commuter rail transit service to the community and would encourage the Federal Transit Administration (FTA), the MBTA, and the North Shore Major Investment Study Steering Committee, to include the following transportation improvement measures in the proposed EIS scope: 1) improving and enhancing the current commuter rail line by providing more frequent service; 2) constructing a connector rail between the current commuter rail line and Wonderland; 3) replacing the commuter rail line with a rapid transit system (a.k.a. Coastal Corridor) . CITY OF SALEM 413 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL Be It Further RESOLVED that the City Council of the City of Salem does not consider a major rail transit terminus stop in South Salem a priority. #273 - HOME RULE PETITIONS BE ACCOMPANIED BY EXECUTIVE SUMMARY Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the sponsor of a Home Rule Petition, compile an "Executive Summary" or synopsis of the legislation. The intent of this synopsis is to assist our legislators in presenting our bill before the General Court. #274 -ALLOW CONSTRUCTION AT WITCHCRAFT HEIGHTS SCHOOL ON PATRIOT'S DAY HOLIDAY Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the attached request of C. H. Mabardy, Inc. to perform work at the Witchcraft Heights Elementary School Project on Monday, April 15, 2002 (Patriot's Day) be approved. #275 - ORDINANCE AMENDING HOURS OF OPERATION OF RETAIL BUSINESS Councillor Sargent introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand and two An Ordinance to amend an Ordinance relative to Hours of Operation of Retail Business Establishments Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 14, Article IV, Section 14-228, Prohibitions, is hereby amended by deleting in the second line "11.00 P.M" and inserting in place thereof"10:00 P.M.", so that said paragraph shall now read as follows: "Sec. 14-228. Prohibitions No person shall be open for the transaction of retail business between the hours of 10.00 P.M. and 6.00 A.M. without the permission of the City Council and the approval of the Mayor, as provided in this article." Section 2. This Ordinance shall take effect as provided by City Charter. 414 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL #276 - ORDINANCE AMENDING TRAFFIC, STOP SIGN ON CABOT STREET, AND TOW ZONE ON LAFAYETTE STREET Councillor Driscoll introduced the following Ordinance, which was adopted for first passage. In the year two thousand and two An Ordinance to amend an Ordinance relative to Traffic, Isolated Stop Sign and No Parking, Tow Zone Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Sec. 49, is hereby amended by adding the following: Cabot Street at the intersection with Gardner Street both northbound and southbound. "Isolated Stop Sign" Section 2. Chapter 42, Sec. 74, is hereby amended by adding the following.- Lafayette Street, north bound on the easterly side between Naples and Savoy Road, adjacent to #362, 363 and 375 Lafayette Street. "No Parking, Tow Zone" Section 3. This Ordinance shall take effect as provided by City Charter. #277 - ORDINANCE AMENDING TRAFFIC, PROHIBITED MOVEMENTS, LAFAYETTE STREET AND WASHINGTON STREET Councillor Driscoll, in conjunction with Councillor Chuber, introduced the following Ordinance, which was adopted for first passage. In the year two thousand and two An Ordinance to amend an Ordinance relative to traffic, Prohibited Movements Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Sec. 49A, is hereby amended by adding the following: Lafayette Street, south bound at the intersection with Washington and Dow Street. "No Left Turn" CITY OF SALEM 415 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL Washington Street onto Lafayette Street east bound, left turn prohibited. "Right Turn Only" Section 2. This Ordinance shall take effect as provided by City Charter. #278 - GOVERNMENT SERVICES MEET REGARDING MARLBOROUGH ROAD/HIGHLAND AVENUE ISSUES Councillor O'Leary introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet with the Building Inspector, Director of Public Services, Mayor's Aide, City Planner, and the liaison to the Conservation Commission to discuss various concerns and issues surrounding the property at the intersections of Highland Avenue/Marlborough Road/Verona Street. #279 - ORDINANCE AMENDING TRAFFIC, ONE WAY, SUMNER ROAD Councillor O'Keefe introduced the following Ordinance, which was adopted for first passage. In the year two thousand and two An Ordinance to amend an Ordinance relative to Traffic, One Way Streets at certain times Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Sec. 10A, is hereby amended by adding the following: Sumner Road in an easterly direction towards Loring Avenue. One Way Traffic 7.00 A.M. to 9.00 A.M. and 3.00 P.M. to 6.00 P.M. Section 2. This Ordinance shall take effect as provided by City Charter. Councillor Lovely assumed the Chair for President Flynn. #280 - ORDINANCES, LICENSES, & LEGAL AFFAIRS MEET REGARDING PUBLIC GUIDE LICENSES Councillor Flynn introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses, and Legal Affairs meet with the City Solicitor to discuss the licensing of Public Guides, the routes of tours and the hours of operation. 416 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL President Flynn resumed the Chair. Councillor Bencal moved to go to unfinished business. It was so voted. (#228) - ORDINANCE ESTABLISHING CATEGORY AND FEE FOR POPCORN CART ON THE SALEM COMMON The matter of second and final passage of an Ordinance establishing a category and fee for a popcorn cart on the Salem Common was then taken up. The Ordinance was adopted for second and final passage. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Bencal moved to return to the regular order of business. It was so voted. #281 - USE OF SALEM COMMON BE GRANTED FOR POPCORN CART Councillor Bencal introduced the following Order, which was adopted. ORDERED: That a Salem Common Popcorn Cart permit be issued to John and Ruth Kapnis. The permit shall run from May 1 , 2002 to November 2, 2002. Said cart shall be subject to Health Department inspection and Police Department regulations. #282 - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, CARLTON STREET In the year two thousand and two 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: "Carlton Street, in front of#13, for a distance of twenty (20) feet. Handicap Parking, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #283 - USE OF SALEM COMMON CITY OF SALEM 417 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Leary 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 requests for use of the Salem Common has considered said matter and would recommend approval. Christina Brown, Wedding August 25, 2002 The Gathering, October 19, 2002 #284 - GRANTING CERTAIN LICENSES Councillor O'Leary 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 Gary Barden, 22 Claremont Terr., Swampscott PUBLIC GUIDE Nicole M. Morin, 50 Jefferson Ave., Salem #285 - FLOODING ON EMERTON AND FORRESTER STREETS Councillor Furey 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 matter of flooding on Forrester Street and Emerton Street has considered said matter and would recommend that the Director of Department of Public Works request several specifications to do a proposal for recommending costs and solutions to ongoing problems of flooding on Emerton and Forrester Streets. This study of costs and estimates would then go out to bid to contract. The Committee further recommends that the Director of Public Services clean and post the catch basins on a monthly basis. #286 - (#221) -APPR. PARK & RECREATION EXPENSE 418 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL 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$30,000.00 from Receipts Reserved to Park and Recreation Rental Lease has considered said matter and would recommend approval. #287 - (#220) -APPR. CAPITAL OUTLAY FOR PARKING TICKET SYSTEM 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 $55,174.00 from Capital Outlay Equipment to purchase a new ticket system by the Parking Department for use at the East India Square Garage and the Church Street lot has considered said matter and would recommend approval. #288 - CONDUIT LOCATION ON LORING AVENUE A hearing was ordered for April 25, 2002 on the petition of Verizon to install a conduit on Loring Avenue. #289 - USE OF SALEM COMMON FOR MAY FAIR BY CAPE ANN WALDORF SCHOOL The request of the Cape Ann Waldorf School, to use the Salem Common for a May Fair on May 11, 2002 with a raindate of May 12, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. #290 - USE OF SALEM COMMON FOR WEDDING The request of Kristine Lamoureux to use the Salem Common for a wedding on June 28, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affai rs. #291 - USE OF SALEM COMMON BY SALEM MAIN STREET PROGRAM FOR COMMUNITY EVENT The request of the Salem Main Streets Program to use the Salem Common for a Community Event on July 31, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. CITY OF SALEM 419 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL #292 - REQUEST OF SALEM GLASS TO CONSTRUCT NEW BUILDING ON PATRIOT'S DAY HOLIDAY The request of James Maguire Salem Glass Company to seek approval to continue construction work on Monday April 15, 2002, Patriot's Day Holiday, at 3 Technology Way, was granted. #293 -#296 - LICENSE APPLICATIONS The following License Applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. TAXI OPERATOR Lewis Garoufalis, 48 Cedar Street, Lynn Leo Jacobs, 42 Lyman Street, Lynn Dylan Prible, 20 Hathorne Street, Salem TAXI CAB/LIMO All City Taxi, Inc., 48 Cedar St., Lynn (1 Taxi, 5 Limos) PUBLIC GUIDE Douglas Antreassian, 7A Barker Street, Plastow, NH Anita Adkins, 7A Barker Street, Plastow, NH #297 -#298 - DRAINLAYER/CONTRACT OPERATOR LICENSES The following Drainlayer/Contract Operator License applications were granted. Whyman Construction, 451 Broadway, Lynnfield #299 - DRAINLAYER BOND The following Drainlayer Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. Whyman Construction, 451 Broadway, Lynnfield (#230) - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, HAZEL STREET The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, Hazel Street, was then taken up. The Ordinance was adopted for second and final passage. 420 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL (#233) - ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, HARBOR STREET The matter of second and final passage of an Ordinance amending Traffic, Parking Prohibited, Section 51 B, Harbor Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Bencal, the meeting adjourned at 9.25 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK CITY OF SALEM 421 APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 11, 2002 at 7.00 P.M. for the purpose of transacting any and all business, at which time the City Council, by recordedroll call vote, went into Executive Session with the Director of Human Resources, to discuss the matter of a potential settlement of a workmen's compensation case. Notice of this meeting was posted on April 5, 2002 at 10.12 A.M. Councillors Harvey and O'Keefe were absent. Council President Regina R. Flynn presided. President Flynn then called upon Mrs. Elizabeth Rennard, Director of Human Resources, to address the Council. See minutes of meeting in canister in vault. On the motion of Councillor O'Leary, the Executive Session was adjourned by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Furey, Lovely, O'Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Harvey and O'Keefe were absent. The regular meeting then continued. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK 422 CITY OF SALEM APRIL 11, 2002 REGULAR MEETING OF THE CITY COUNCIL