MINUTES - Regular - 7/11/2002 CITY OF SALEM 501
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REGULAR MEETING
A Regular Meeting of the City Council was held in the Council Chamber
on Thursday, July 11, 2002 at 7.00 P.M., for the purpose of transacting any and
all business. Notice of this meeting was posted on July 3, 2002 at 10.28 A.M.
Councillors Chuber, Driscoll, Harvey, and Sargent were absent.
Council President Regina R. Flynn presided.
Councillor O'Leary 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.
#495 — RESCINDING APPT. KEVIN LOCHIATTO AS A CONSTABLE
A communication was received from the Mayor, rescinding the
appointment of Kevin M. Lochiatto as a Constable. The communication was
received and filed.
#496 —APPR. GOLF COURSE SOUVENIRS AND WINTER ISLAND STORE
INVENTORY
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 "Receipts Reserved Golf Course" Account to the
following Park and Recreation Accounts: Golf Course Souvenirs, Ten Thousand
Dollars ($10,000.00); and Winter Island Store Inventory, Ten Thousand Dollars
($10,000.00) in accordance with the recommendation of His Honor the Mayor.
#497 —APPR. WITCH HOUSE SOUVENIRS
The following Order, recommended by the Mayor, was adopted under
suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is
hereby appropriated from the "Receipts Reserved Witch House Account" to the
"Witch House Souvenirs" Account in accordance with the recommendation of His
Honor the Mayor.
#498 — EASEMENT TO EASTERN BANK ON WASHINGTON STREET
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The following Order, recommended by the Mayor, was referred to the
Committee on Ordinances, Licenses, and Legal Affairs.
ORDERED: That the Mayor is hereby authorized to execute a Grant of
Easement, for consideration of One ($1.00) Dollar, going from the City of Salem
to Area Two Realty, LLC for the perpetual right to repair, maintain, and replace,
at its own expense and liability, the existing building and other features which
now encroach on land owned by the City of Salem at the Eastern Bank Building
on Washington Street.
#499 — ORDINANCE AMENDING PUBLIC CONSTRUCTION PROJECTS
The following Ordinance, recommended by the Mayor, was adopted for
first passage and referred to the Committee on Ordinances, Licenses, and Legal
Affairs by a roll call vote of 7 yeas, 0 nays, 4 absent. Councillors Bencal,
DeToma, Furey, Lovely, O'Keefe, O'Leary, and Flynn were recorded as voting in
the affirmative. Councillors Chuber, Driscoll, Harvey, and Sargent were absent.
In the year two thousand and two
An Ordinance to amend an Ordinance pertaining to Public Construction Projects
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Article XI I. Employment of Salem Area Residents in
Private and Public Construction Projects is hereby amended by deleting this
Article in its entirety and inserting in place thereof the following:
Article XII. Public Construction Projects
Sec. 2-183 1. Conditions for Bidding on Public Construction Contract
Purpose: Whereas the City of Salem expends substantial municipal
funds for public construction projects; a large portion of said money being
derived from taxes paid by city residents; that accordingly it is in the public
interest, health, welfare and safety to ensure that the employees on such
projects are paid at the lawfully required wage rates, have been trained in a
bona fide apprenticeship training program, have hospitalization and medical
coverage, and are classified according to the law. Further, that in light of the
economic loss to the city when bidders and subcontractors who perform work
on public construction projects are not from the Salem area and/or do not hire
workers from the Salem area, it is in the public interest to establish goals for
the hiring of Salem residents on public construction projects, and it is found
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that these provisions will serve the public interest, health, welfare and safety
as described hereinabove.
(a) All bidders and subcontractors, including subcontractors that are not
subject to MGL. Chap. 149, Sec. 44F, under the bidder for projects
subject to MGL Chap. 149, Sec 44A(2) and MGL Chap. 30, Sec. 39M
shall as a condition for bidding or for an award of a subcontract on a non-
filed sub-bid work, verify under oath and in writing at the time of bidding
that they comply with the following obligations, and such obligations
hereby are incorporated by reference into the specifications for city
construction projects-
(1) The bidder and all subcontractors under the bidder must
comply with the obligations established under MGL Chap. 149 to pay
the appropriate prevailing wage rates to their employees.
(2) The bidder and all subcontractors under the bidder must at
the time of bidding maintain or participate in a bone fide apprentice
training program as defined by Mass. Gen. L. c. 23, §§11 H & 111 for
each apprenticeable trade or occupation represented in their
workforce that is approved by the Division of Apprentice Training of
the Department of Labor and Workforce Development and must
register all apprentices with the Division and abide by the apprentice
to journeyman ratio for each trade prescribed therein in the
performance of any work on the project.
(3) The bidder and all subcontractors under the bidder must at the time
of bidding furnish at their expense, hospitalization and medical
benefits and/or coverage for all their mechanics and apprentices,
teamsters, chauffeurs, and laborers (as those employee
classifications are used in Mass. Gen. L. c. 149, §26) at least
comparable in value and coverage to the hospitalization and
medical benefits provided by the health and welfare plans in the
applicable craft recognized by Mass. Gen. L. c. 149, §26 in
establishing minimum wage rates.
(4) The bidder and all subcontractors under the bidder must maintain
appropriate industrial accident insurance coverage for all the
employees on the project in accordance with Mass. Gen. L. c.
152.
(5) The bidder and all subcontractors under the bidder must properly
classify employees as employees rather than independent
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contractors and treat them accordingly for purpose of workers'
compensation insurance coverage, unemployment taxes, social
security taxes and income tax withholding (see Mass. Gen. L. c.
149, §148B on employee classification).
(b) A bid submitted by any general bidder or by any subcontractor under the
general bidder that does not comply with any of the foregoing conditions
for bidding shall be rejected, and no subcontract work outside the scope of
Mass. Gen. L. c. 149, §44F shall be awarded to a subcontractor that
does not comply with the foregoing conditions.
(c) All bidders and subcontractors under the bidder who are awarded or who
otherwise obtain contracts on projects subject to Mass. Gen. L. c. 149,
§44A(2) or c. 30, §39M shall comply with any one of the obligations
numbered 1 through 6 set forth in section (a) above for the entire duration
of their work on the project, and an officer of each bidder or subcontractor
under the bidder shall certify under oath and in writing on a weekly basis
to the Purchasing Agent that they are in compliance with such obligations.
Such certificate shall constitute a condition precedent to any payment
obligation of the city.
(d) Any bidder or subcontractor under the bidder who fails to comply with any
one of the obligations 1 through 6 as set forth in section (a) above for any
period of time shall be, at the sole discretion of the City of Salem, subject to
one or more of the following sanctions: (1) cessation of work on the
project until compliance is achieved; (2) withholding of payment due under
any contract or subcontract until compliance achieved; (3) permanent
removal from any further work on the project; (4) liquidated damages to
the City of Salem in the amount of five percent (5%) of the dollar value of
the contract.
(e) Any contractor or subcontractor that has been determined by the City of
Salem or by any court or agency to have violated any of the obligations
set forth in sections (a) and (c) above shall be barred from performing any
work on any future projects for six months for a first violation, for three
years for a second violation and permanently for a third violation.
(f) If any provision of this section, or application of such provision to any
person or circumstances, shall be enjoined or held to be invalid, the
remaining provisions of this section, or the application of such provisions
to persons or circumstances, other than that which is enjoined or held
invalid, shall not be affected thereby.
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(g) The Purchasing Agent shall be the enforcement and compliance officer for
these provisions. All notices, records and/or other written verification of
compliance shall be directed to the Purchasing Agent.
Sec. 2-1832. Salem Area Resident Job Goals.
(a). All bidders and subcontractors subject to the provisions of Section 2-
1891 shall make a good faith effort on a craft by craft basis to provide at
all times at least twenty percent (20%) of the total employee worker
hours in each trade, at every tier, to be performed by bona fide residents
of either the city of Salem or a city or town within ten (10) miles radius of
the city limits of the city of Salem. For the purposes of this paragraph,
work performed by apprenticeship and on-the-job training shall be
included.
(b). Contractors shall submit to the Purchasing Agent workforce charts listing
each of its workers and those of its subcontractors of all tiers, by name,
residence, craft, job category and hours worked. Submission of said
workforce charts shall constitute condition precedent to any payment
obligation of the city.
(c). Any person who provides false information regarding his or her
residential address, or in the case of a contractor or bidder who
knowingly provides false information regarding address of any employee,
shall be subject to a fine of three hundred dollars ($300.00) for each
violation.
(d). The Purchasing Agent shall establish criteria and procedures for
compliance herewith, and shall report to the mayor and city council
annually.
(e). Where the provision of any federal or state statute or regulation provide
that no procedure or requirement shall be imposed which will operate to
discriminate against the employment of labor from any other state,
possession or territory of the United States, the terms of this section shall
not apply.
(f). If any provision of this section, or application of such provision to any
person or circumstances, shall be enjoined or held to be invalid, the
remaining provisions of this section, or the application of such provisions
to persons or circumstances, other than that which is enjoined or held
invalid, shall not be affected thereby.
Section 2. This Ordinance shall take effect as provided by City Charter.
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#500 — EASEMENT WITH NEW ENGLAND POWER CO. FOR
RECONSTRUCTION OF MARLBOROUGH ROAD SIDEWALKS
The following Order, recommended by the Mayor, was received after the
deadline of Tuesday Noon. Councillor O'Leary requested and received
unanimous consent to suspend the rules. The Order was adopted by a roll call
vote of 7 yeas, 0 nays, 4 absent. Councillors Bencal, DeToma, Furey, Lovely,
O'Keefe, O'Leary, and Flynn were recorded as voting in the affirmative.
Councillors Chuber, Driscoll, Harvey, and Sargent were absent.
ORDERED: That the Mayor is hereby authorized to execute a Grant of
Easement and Agreement by and between New England Power Company and
the City of Salem in connection with the reconstruction of Marlborough Road for
the permanent right and easement to construct, install, maintain, repair and use a
sidewalk located on a portion of New England Power land and a temporary right
and easement over a portion of New England Power land for the sole purpose of
landscaping in connection with the construction and installation of the sidewalk.
#501 — ORDINANCE ESTABLISHING POSITION, SALARY, AND
DEPARTMENT OF OPEN SPACE AND SUPERINTENDENT OF OPEN SPACE
The following Ordinance, recommended by the Mayor, was received after
the deadline of Tuesday Noon. Councillor O'Keefe requested and received
unanimous consent to suspend the rules. The Ordinance was adopted for first
passage and referred to the Committee on Administration and Finance.
In the year two thousand and two
An Ordinance to amend Ordinances relative to the Cemetery, Shade Tree and
Moth Suppression Department and 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, Article VIII, Section 2-1481 is hereby amended by deleting
this section in its entirety and inserting the following:
Section 1-1481. Established
There is hereby established the Department of Open Space, which shall
incorporate the department of cemetery, shade tree and moth suppression."
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Section II. Chapter 2, Section 2-1482 (a) is hereby amended by deleting this
sub-section in its entirety and inserting the following:
"Section 2-1482. Superintendent.
(a) Appointment. The Mayor, subject to confirmation by the City Council,
shall appoint a Superintendent of Open Space."
Section III. Chapter 2, Section 2-1482 is hereby further amended by deleting
subsection (c) (4) of Duties and Powers in its entirety and inserting the following:
"(4) Coordinate and direct the care and maintenance of passive open
space/recreational areas, excluding active recreational facilities such ball fields
and playgrounds, but including, such passive recreational areas a-, boulevards,
walkways, the downtown and other open space areas throughout the City."
Section IV. Chapter 2, Article II. Compensation and Conditions of Employment,
Section 2-52 is hereby amended by deleting the title "Superintendent of
Cemetery, Shade Tree and Moth Suppression" within job grade 18A and
establishing a new position entitled "Superintendent of Open Space" within job
grade 21 A.
Section V. This Ordinance shall take effect as provided by City Charter.
#502 — ORDINANCE ESTABLISHING HOURS OF OPERATION FOR
BUSINESS ESTABLISHMENTS, AND REQUIRING POLICE PRESENCE
Councillor Bencal 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, Retail
Business Establishments
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14 is hereby amended by adding the following paragraph to
section 14-230, Applicability to other establishments.
The Chief of Police or his designee, may require the assignment of a
private detail officer of the Police Department to any establishment operating
between the hours of 11.00 P.M. and 6.00 A.M. to insure the public health,
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safety, morals, and good order of the community. All costs associated with the
police detail shall be borne by the establishment.
Section 2. This Ordinance shall take effect as provided by City Charter.
#503 — ORDINANCE AMENDING TRAFFIC, SEC. 50A, HANDICAP PARKING,
WASHINGTON STREET
Councillor Lovely 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, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50A, is hereby amended by adding the following:
Washington Street, southbound, in front of#70 Washington Street for a distance
of sixty (60) feet (2 vehicle lengths), Handicap Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#504 — RESOLUTION SUPPORTING LEGISLATION FOR A 1% MEALS TAX
Councillor Bencal introduced the following Resolution, which was adopted.
RESOLVED: That the Salem City Council supports the efforts of the
Massachusetts House of Representatives in their effort to allow communities to
charge a one percent meals tax.
We further resolve that the attached letter be sent to our elected State
Representatives, Representative J. Michael Ruane and Senator Frederick Berry,
requesting their assistance in passing this legislation.
#505 — ORDINANCE AMENDING TRAFFIC, SEC. 75, RESIDENT STICKER
PARKING
Councillor DeToma introduced the following Ordinance, on behalf of
Councillor Driscoll, which was adopted for first passage, and the City Clerk is
authorized to issue stickers and the police department is authorized to erect the
signs.
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In the year two thousand and two
An Ordinance to amend an Ordinance relative to Traffic, Resident Sticker
Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 75, Zone E, Color Orange, is hereby amended by
adding the following:
Ocean Terrace, in its entirety
Ocean Avenue, from Summit Avenue to Shore Avenue, both sides
Shore Avenue, in its entirety
Section 2. This Ordinance shall take effect as provided by City Charter.
#506 — POLLING LOCATION CHANGE FOR WARD SIX PRECINCTS ONE
AND TWO
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Bates School be approved as the polling location for
the voters of Ward 6 Precinct 1, and that Mack Park be approved as the polling
location for the voters of Ward 6 Precinct 2.
#507 — RESOLUTIUON THAT BOSTON RED SOX RETIRE TONY
CONIGLIARO'S NUMBER
Councillor Bencal introduced the following Resolution. Councillor Bencal
moved to waive the reading of the Resolution. It was so voted. The Resolution
was adopted.
RESOLVED:
Whereas, Tony Conigliaro (Tony C.) was born and raised in Massachusetts, the
oldest of three sons of Sal and Teresa Conigliaro, and
Whereas, Tony Conigliaro, while living in Swampscott and playing for St. Mary's
High School, broke several league records, and
Whereas, Tony Conigliaro was drafted by the Boston Red Sox in 1962 and then
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Spent only a brief time in the minor leagues before Manager Johnny Pesky
recognized his talents and invited him to spring training where Tony immediately
distinguished himself as an asset to the team, and
Whereas, Tony Conigliaro, in his first season with the Red Sox, hit twenty-four
home runs despite suffering a broken arm that cut his season short, and
Whereas, Tony Conigliaro hit 32 home runs, in his second season, leading the
American League. Tony was thus the youngest home run leader in baseball's
history and the youngest player to reach a 100 home runs in their career, and
Whereas, Tony Conigliaro's twenty home runs in 1967 significantly led to the
"Impossible Dream" season of the Boston Red Sox, until a ninety mile per hour
August fastball struck him on the left eye, fracturing his cheekbone, dislocating
his jaw, and damaging his retina thus taking him out of baseball and to leave
many to predict that he would never return, and
Whereas, Tony Conigliaro overcame all odds and returned to baseball in 1969
batting 225 and hitting 20 home runs thus earning the "Comeback Player of the
Year" award. Tony then posted more impressive numbers in 1970 by hitting 36
home runs and batting in II 6 runs before retiring due to deteriorating vision, and
Whereas, Tony Conigliaro while working as a baseball broadcaster suffered a
major heart attack and stroke in 1982 and died eight years later, therefore be it
RESOLVED that the Salem City Council formally requests that the Boston Red
Sox retire Tony C's number 25 in honor of his short but extraordinary career.
Councillor Lovely assumed the Chair for President Flynn
#508 — PRECINCT LOCATION CHANGE FOR WARD 2 PRECINCT 1 DUE TO
CARLTON SCHOOL RECONSTRUCTION
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That due to the upcoming construction at the Carlton School,
the voting location for Ward 2 Precinct 1 shall be temporarily changed to the
Bentley School, until such time as the Carlton School Project is completed.
Councillor Flynn resumed the Chair.
#509 — (#487 -#488) — GRANTING LICENSES
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Councillor O'Keefe 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
Claudia Chalifour, 119 Nahant Street, Lynn
Willie Jones, III, 26 Chase Street, Lynn
SECOND HAND VALUABLE
R.A. DiFillipo Antiques, 131 Essex Street
#510 — (#116) — USE OF SALEM COMMON FOR HISPANIC FESTIVAL
Councillor O'Keefe 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 granting use of the Salem Common for an Hispanic
Festival on August 31, 2002, has considered said matter and would report the
matter out of committee with no recommendation.
Councillor O'Keefe moved approval of 12.00 Noon to 7.30 P.M., and
activities set-up commence at 9.00 A.M. The motion was defeated.
Councillor DeToma moved approval from 12.00 Noon to 8.00 P.M., and
activities set-up commence at 9.00 A.M. The motion was adopted. Councillors
Flynn and O'Leary were recorded as `opposed"
#511 — (#419) — HOME RULE PEITION REGARDING AFFORDABLE
HOUSING
Councillor Furey offered the following report for the Committee of the
Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of a home
rule petition for affordable housing has considered said matter and would
recommend that the Assistant City Solicitor draft a home rule petition for
affordable housing and submit it to the Council for a Special Meeting on
Wednesday, July 17, 2002 at 6.00 P.M.
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#512 — (#455) — BOND ORDER APPR. $235,925.00 FOR CARLTON SCHOOL
CONSTRUCTION COSTS
Councillor Lovely offered the following report for the Committee on
Administration and Finance. It was voted to accept the report and adopt the
recommendation by a roll call vote of 7 yeas, 0 nays, 4 absent. Councillors
Bencal, DeToma, Furey, Lovely, O'Keefe, O'Leary, and Flynn were recorded as
voting in the affirmative. Councillors Chuber, Driscoll, Harvey, and Sargent were
absent .
The Committee on Administration and Finance to whom was referred the
matter of a bond order in the amount of$235,925.00 for additional construction
costs for the Carlton School has considered said matter and would recommend
approval.
#513 — (#414) — (#415) — ORDINANCE AMENDING WATER AND SEWER
RATES
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 water and sewer rate increases has considered said matter and would
recommend that the matter remain in Committee and that the Mayor, Finance,
Director, Director of Public Services, Assistant Director of Public Services and
the City Solicitor respond to the attached requests for clarification regarding
same.
1. Ordinance requiring recommendation of Water Rate increase by
Director of Public Services. This increase requested via Finance
Director.
2. Ordinance requiring recommendation that Assistant Director of Public
Services assess water rates. This assessment done by Director of
Finance.
3. Opinion from City solicitor regarding Residential/Commercial
Exemptions. Can City Council offer discounts to Residential and not
Commercial users.
4. Schedule B2 in Water/Sewer Executive Summary states Water
increase of 20% and Sewer increase of 10%, yet Mayor requests
Water at 20% and Sewer at 10%. Clarification on increase requested.
5. Past and Proposed Water/Sewer Projects breakdown, prepared by
Stanley Bornstein dated 7-0-02 not concise enough. Committee
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requested dates of projects and which account they were paid from.
Need total breakdown of all money expended from each Enterprise
Fund for all projects and Salaries.
#514 — NORTH SHORE MEDICAL CENTER CANCER WALK
The request of North Shore Medical Center to hold a Cancer Walk, and
use the Salem Common on June 22, 2003, was referred to the Committee on
Ordinances, Licenses, and Legal Affairs.
#515 — TAXI OPERATOR APPLICATION
The following license application was referred to the Committee on
Ordinances, Licenses, and Legal Affairs.
TAXI OPERATOR
Mark Adams, 59 Goodale Street, Peabody
#516 -#517 — BONDS
The following bonds were referred to the Committee on Ordinances,
Licenses, and Legal Affairs and returned approved.
SIGN BOND
Salem Beer Works, 278 Derby Street, Salem
CONSTABLE
Daniel V. Stanwood, Jr., 77 Leach Street, Salem
#518 -#519 — DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contractor Operator License was received after
the deadline of Tuesday Noon. Councillor O'Keefe requested and received
unanimous consent to suspend the rules. The licenses were granted.
E.B. Rotondi & Sons, Inc., 60 Sunset Rd., Winchester, MA 01890
#520 — DRAINLAYER BOND
The following Drainlayer Bond was received after the deadline of Tuesday
Noon. Councillor O'Keefe requested and received unanimous consent to
suspend the rules. The Bond was referred to the Committee on Ordinances,
Licenses, and Legal Affairs and returned approved.
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E.B. Rotondi & Sons, Inc., 60 Sunset Rd., Winchester, MA 01890
(#470) — ORDINANCE AMENDING TRAFFIC, SEC. 50113, HANDICAP
PARKING, 4 CLIFF STREET
The matter of second and final passage of an Ordinance amending Traffic,
Handicap Parking in front of#4 Cliff Street, was then taken up. The Ordinance
was adopted for second and final passage.
On the motion of Councillor O'Keefe, the meeting adjourned at 8.53 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK