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MINUTES - Regular - 1/22/2004 CITY OF SALEM 349 JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 22, 2004 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 9, 2004, at 10.52 P. M. Councillor Furey arrived late at 7.25 P.M. Council President Leonard F. O'Leary presided. Councillor Sosnowski moved to dispense with the reading of the record of the previous meeting. It was so voted. President O'Leary requested that everyone please rise to recite the Pledge of Allegiance. #37 —APPT. MARSHALL STRAUSS , PLUMMER HOME FOR BOYS The Mayor's appointment of Marshall Strauss to serve as a member of the Plummer Home for Boys, for a term to expire January 31, 2009, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, and 1 absent. Councillors Bencal, Corchado, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, Veno and O'Leary were recorded as voting in the affirmative. Councillor Furey was absent. Councillor Harvey moved a City seal be sent to Mr. Laporte. It was so voted. #38 — REAPPT. RICHARD JAGOLTA, BOARD OF ASSESSORS The Mayors reappointment of Richard Jagolta to serve as a member of the Board of Assessors for a term to expire February 1, 2007 was confirmed by a roll call vote of 10 yeas, 0 nays, and 1 absent. Councillors Bencal, Corchado, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, Veno and O'Leary were recorded as voting in the affirmative. Councillor Furey was absent. #39— REAPPT. ANDREW LAPOINTE, COMMISSION ON DISABILITIES The Mayors reappointment of Andrew LaPointe to serve as a member of the Commission on Disabilities, for a term to expire January 11,2007, was confirmed by a roll call vote of 10 yeas, 0 nays, and 1 absent. Councillors Bencal, Corchado, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, Veno and O'Leary were recorded as voting in the affirmative. Councillor Furey was absent. 350 CITY OF SALEM JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Keefe requested and received unanimous consent to suspend the rules to allow Mr. LaPointe to speak. #40 — REAPPT, MICHAEL TAYLOR, COMMISSION ON DISABILITIES The Mayor's reappointment of Michael Taylor to serve as a member of the Commission on Disabilities with a term to expire January 11, 2007, was confirmed by a roll call vote of 10 yeas, 0 nays, and 1 absent. . Councillors Bencal, Corchado, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, Veno and O'Leary were recorded as voting in the affirmative. Councillor Furey was absent. #41 — REAPPT. DAVID GONET, ELAINE MILO, JOANNE MIZIOCH, BOARD OF CEMETERY COMMISSIONERS The Mayor's reappointment of David Gonet, Elaine Milo, and Joanne Mizioch as members of the Board of Cemetery Commissioners with term to expire December 31, 2006, were confirmed by a roll call vote of 9 yeas, 0 nays, 1 absent and 1 "present". Councillors Bencal, Corchado, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, and Veno were recorded as voting in the affirmative. Councillor O'Leary was recorded as "present". Councillor Furey was absent. Councillor Furey arrived at 7.25 P. M. #42 - REAPPT. DEPARTMENT HEADS The Mayor's reappointment of the following Department Heads for terms to expire January 31, 2006, was received.. Richard Rennard, Supt, Cemetery/Shade Tree/Open Space Linda Elworthy, Director of Council on Aging Joanne Rust, Director of MIS Nina Bridgman, Deputy Auditor Elizabeth Rennard, Director of Human Resources James Hacker, Executive Director of Parking Joseph Walsh, City Planner Denise McClure, Assistant City Planner Albert Hill, Purchasing Agent Charles Arnold, Winter Island Manager Councillor O'Keefe moved to confirm by roll call vote. CITY OF SALEM 351 JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL Councillor Bencal moved to divide the question. It was so voted. Councillors O'Keefe and Furey were recorded as "opposed". Councillor Sargent moved to divide the question and vote on Salem residents. It was so voted. Councillor O'Keefe was recorded as "opposed". The resident Department Heads, Linda Elworthy, Joanne Rust, Nina Bridgman, James Hacker, Albert Hill and Charles Arnold, were confirmed by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent. Richard Rennard , Supt.Cemetery, Shade Tree and Open Space, was confirmed by a roll call vote of 10 yeas, 1 nay, and 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, and Veno were recorded as voting in the affirmative. Councillor O'Leary was recorded as voting in the negative. Elizabeth Rennard, Director of Human Resources, was confirmed by a roll call vote of 10 yeas, 1 nay, and 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, and Veno were recorded as voting in the affirmative. Councillor O'Leary was recorded as voting in the negative. Joseph Walsh, City Planner, was not confirmed by a roll call vote of 2 yeas, 9 nays, and 0 absent. Councillors Furey, and O'Keefe were recorded as voting in the affirmative. Councillors Bencal, Corchado, Harvey, Lovely, Pelletier, Sargent, Sosnowski, Veno, and O'Leary were recorded as voting in the negative. Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor O'Keefe was recorded as "opposed". Denise McClure, Assistant City Planner, was confirmed by a roll call vote of 10 yeas, 1 nay, and 0 absent. Councillors Bencal, Corchado, Furey, Harvey, Lovely, O'Keefe, Pelletier, Sargent, Sosnowski, and Veno were recorded as voting in the affirmative. Councillor O'Leary was recorded as voting in the negative. Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #43 —APPR. HUMAN RESOURCES —VACATION BUYBACK 352 CITY OF SALEM JANUARY 22, 2004 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 Two Hundred Twenty-Five Thousand Five Hundred Six Dollars ($225,506.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Human Resources-Vacation/Buyback" Account in accordance with the recommendation of His Honor the Mayor. #44 —APPR. SOLICITOR-LEGAL SERVICES The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of One Hundred Thousand Dollars ($100,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Solicitor-Legal Services" Account in accordance with the recommendation of His Honor the Mayor. #45 —APPR. POLICE DEPT.-SALARIES FULL TIME The following Order recommended by the Mayor, was received. ORDERED: That the sum of Seventy-Five Thousand Four Hundred Seventy-Seven Dollars and thirteen cents ($75,477.13) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Police Department-Salaries-Full Time" Account in accordance with the recommendation of His Honor the Mayor. Councillor Harvey requested and received unanimous consent to suspend the rules to allow Mrs. Rennard, the Human Resources Director, to speak. The Order was adopted under suspension of the rules as introduced. #46-46A- 46B —APPR. TO LIST OF ACCOUNTS TO COVER COST OF LIVING INCREASES FOR ALL NON-UNION EMPLOYEES CITY OF SALEM 353 JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL The following Orders recommended by the Mayor, were received. ORDERED: That the sum of Sixty-Five Thousand, Five Hundred Seventy- Four Dollars and thirty-four cents ($65,574.34) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the following Accounts. Assessors $6,396.26 Open Space $1,216.79 City Clerk $ 673.55 Elec & Reg. $ 656.24 Council on Aging $4,294.99 COA-Part Time $ 282.95 Data Processing $5,967.29 Electrical $ 913.98 Finance $2,872.23 Harbormaster F/T $ 572.30 Harbormaster P/T $ 937.74 Health $1,015.21 Human Resources $2,363.72 Library $8,387.52 Library P/T $2,619.48 Mayor $2,932.60 Park & Rec. $1,798.74 Golf Course $ 852.93 Winter Island $ 775.93 Parking Dept. $1,786.94 Parking Dept. P/T $2,317.83 Planning Con. Com. $ 331.49 Planning Board $ 331.49 Planning Dept. $2,740.77 Police Dept. $1,259.62 Pub Prop-Insp. $3,283.95 Public Services $2,445.23 Purchasing $ 917.00 Solicitor $1,919.09 Treasurer $1,943.53 Veterans $ 757.95 TOTAL $65,574.34 Councillor Harvey amended that the amount be $66,719.34 (to include the City Clerk). It was so voted The Order shall now read as follows: 354 CITY OF SALEM JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Sixty- Six Thousand, Seven Hundred nineteen Dollars and thirty-four cents ($66,719.34) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the following Accounts. Assessors $6,396.26 Open Space $1,216.79 City Clerk $1,818.55 Elec & Reg. $ 656.24 Council on Aging $4,294.99 COA-Part Time $ 282.95 Data Processing $5,967.29 Electrical $ 913.98 Finance $2,872.23 Harbormaster F/T $ 572.30 Harbormaster P/T $ 937.74 Health $1,015.21 Human Resources $2,363.72 Library $8,387.52 Library P/T $2,619.48 Mayor $2,932.60 Park & Rec. $1,798.74 Golf Course $ 852.93 Winter Island $ 775.93 Parking Dept. $1,786.94 Parking Dept. P/T $2,317.83 Planning Con. Com. $ 331.49 Planning Board $ 331.49 Planning Dept. $2,740.77 Police Dept. $1,259.62 Pub Prop-Insp. $3,283.95 Public Services $2,445.23 Purchasing $ 917.00 Solicitor $1,919.09 Treasurer $1,943.53 Veterans $ 757.95 TOTAL $66,719.34 The Order was referred to the Committee on Administration and Finance as amended under the rules. CITY OF SALEM 355 JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL The following two Orders, recommended by the Mayor, were referred to the Committee on Administration and Finance under the rules. #46A ORDERED: That the sum of Two Thousand Six dollars and sixteen cents ($2006.16) is hereby appropriated from the "Water-Retained Earnings" Account to the "Water-Salaries" Account in accordance with the recommendation of His Honor the Mayor. #46 B ORDERED: That the sum of Two Thousand Six Dollars and sixteen cents ($2,006.16) is hereby appropriated from the "Sewer-Retained Earnings" Account to the "Sewer-Salaries" Account in accordance with the recommendation of His Honor the Mayor. #47 —APPR. — FIRE DEPT. — RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Sixty Thousand Seven Hundred Eighty-Nine Dollars and ninety-six cents ($60,789.96) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Fire Department-Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #48 —APPR. FIRE DEPT. DENTAL/MEDICAL EXPENSES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Fire Department-Dental/Medical Expenses" Account in accordance with the recommendation of His Honor the Mayor. #49 —APPR. FIRE DEPT. DENTAL/MEDICAL EXPENSES (RETIREES) The following Order, recommended by the Mayor, was adopted under suspension of the rules. 356 CITY OF SALEM JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Forty Thousand Dollars ($40,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Fire Department-Dental/Medical Expenses (Retirees)" Account in accordance with the recommendation of His Honor the Mayor. #50 —APPR. FIRE DEPT. — RETIREMENT ANTICIPATION The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Thirty Thousand Three Hundred Eighty-Two Dollars and twenty cents ($30,382.20) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Fire Department-Retirement Anticipation" Account in accordance with the recommendation of His Honor the Mayor. #51 —APPR. ELECTIONS & REGISTRATION-VOTING MACHINES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Elections and Registrations-Voting Machines" Account in accordance with the recommendation of His Honor the Mayor. #52 —APPR. ELECTIONS AND REGISTRATION —VOTING MACHINES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Sixteen Thousand Five Hundred Dollars ($16,500.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Elections and Registrations-Voting Machines" Account in accordance with the recommendation of His Honor the Mayor. #53 —APPR. POLICE DEPT. MEDICAL/ DENTAL SERVICES The following Order, recommended by the Mayor, was adopted under suspension of the rules. CITY OF SALEM 357 JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash Account to the "Police Department-Medical/Dental Services" Account in accordance with the recommendation of His Honor the Mayor. #54 —APPR. PUBLIC PROPERTY-CLEAN IT OR LIEN IT The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Seven Thousand Five Hundred Dollars ($7,500.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Public Property-Clean it of Lien It" Account in accordance with the recommendation of His Honor the Mayor. #55 — COUNCIL AUTHORIZE CONVEYANCE OF SALEM JAIL TO THE SALEM REDEVELOPMENT AUTHORITY The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development. ORDERED: That the Salem City Council, in accordance with the provisions of Chapter 2, Section 2-129 of the Salem Code of Ordinances, hereby authorizes the conveyance of the land and building located at 50 St. Peter's Street (Old Salem Jail) to the Salem Redevelopment Authority, and BE IT FURTHER ORDERED: That His Honor the Mayor is authorized to execute a deed conveying the land and building located at 50 St. Peter's Street (Old Salem Jail) to the Salem Redevelopment Authority for consideration of One Dollar. #56 — ORDINANCE, ESTABLISHING AN INSTITUTIONAL MASTER PLAN The following Ordinance, recommended by the Mayor, was referred to the Committee on Community and Economic Development. In the year two thousand four An Ordinance to establish Institutional Master Plans Be it ordained by the City Council of the City of Salem, as follows: 358 CITY OF SALEM JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL Section 1. Chapter 30, Planning and Development, is hereby amended by adding the following new Article VI, entitled "Institutional Master Plans": ARTICLE VI Sec. 30-170. Institutional Master Plans — In accordance with an Act Relative to Institutional Master Planning enacted by the General Court of the Commonwealth of Massachusetts and approval by the Governor on January 14, 1994, educational, health care, cultural or other institutional uses within the City of Salem shall be in conformity with an Institutional Master Plan that has been filed by each institution with the Department of Planning and Community Development of the City of Salem, in accordance with the requirements established herein. Sec. 30-171. Purpose — The purpose of this section is to encourage systematic communication between the institutions and the City and to provide opportunity for improved public awareness of the goals and infrastructure needs of each institution. This Ordinance will assist the City of Salem in understanding future uses of property planned by the institutions covered herein. Sec. 30-172. Applicability — The Ordinance applies to any educational, health care, cultural, or other institutional uses, which is not required to pay local property taxes. This Ordinance does not apply to any such institutions that employ fewer than ten (10) people. Sec. 30-173. Master Plan Requirements — (1) within one hundred and eighty (180) days from the effective date of this Ordinance, each institution shall file a master plan with the Planning Department. Such plan shall contain the following general information: a. A description of the organization, which shall include: A current mission statement A history of the institution An identification of the number of employees for each of the previous five years A description of the market area, which is served by the institution b. A site plan indicating all of the property which such institutions, or and subsidiary or affiliate organization or entity, owns, leases, uses, or otherwise has an interest in or use of within the City of Salem. CITY OF SALEM 359 JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL c. A description of planned growth, renovation, expansion, or other development activity of the institution over the next five (5) years. (2) Institutional Master Plans as described above must be submitted every five (5) years on or before the anniversary date of the initial filing. Any updates or amendments to a Master Plan prior to the submittal of a new five (5) year plan shall be filed with the Planning Department. (3) Any use of land or structures for educational, health care, cultural, or other institution purpose shall be in conformance with an Institutional Master Plan. Section 2. This Ordinance shall take effect as provided by City Charter. #57 — ORDINANCE, SALARY CLASSIFICATION OF CERTAIN EMPLOYEES ADJUST THE MINIMUM/MAXIMUM BY TEN PERCENT The following Ordinance, recommended by the Mayor, was referred to the Committee on Administration and Finance. In the year two thousand four 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, effective July 1, 2003, as follows- 1. Adjust the minimum and maximum salary of each job grade within the section entitled "Full-time Employees" by ten percent (10%). Section 2. This Ordinance shall take effect as provided by City Charter. #58 — COMMUNICATION REGARDING EXPIRATION DATE TO IMPOSE LOCAL TICKET TAX A communication from the Mayor reminding the Council of the expiration date to impose a local Ticket tax, was received and filed. 360 CITY OF SALEM JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL #59 — COMMUNICATION REGARDING SALEM MISSION PLANS TO PURCHASE ST. MARY'S ITALIAN CHURCH A communication from the Mayor submitting copy of a letter from the Salem Mission on plans to purchase St. Mary's Italian Church was referred to the Committee on Community and Economic Development. #60 — COMMUNICATION REGARDING SNOW REMOVAL FROM SIDEWALKS ORDINANCE Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the Building Inspector, Chief of Police, City Solicitor, Parking Director, or their representatives appear before the Committee on Public Health, Safety and Environment regarding the City's enforcement of the Ordinance relative to snow removal from sidewalks. #61 — COMMMITTEE MEET REGARDING MASTER PLAN Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the Mayor and the Assistant City Planner (in the absence of a City Planner) be invited to appear before the Committee on Community and Economic Development to discuss a Master Plan. #62 — COMMITTEE MEET REGARDING GILFORD TRANSPORTATION RAILROAD CARS ON BRIDGE STREET Councillor Harvey in conjunction with Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet to discuss the issue of the Guilford Transportation Railroad cars on Bridge Street and to improve or replace the guard rail and to discuss further beautification program. Also invite the Federal Railroad Administration and a representative from Congressman Tierney's office. CITY OF SALEM 361 JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL #63 — COMMITTEE MEET REGARDING PLAN FOR PG&E POWER PLANT SHOULD IT CLOSE Councillor Furey introduced the following Order, which was adopted. Councillor Sargent was recorded as "present". ORDERED: That the Committee on Community and Economic Development meet with the Mayor, Planning Department, Chamber of Commerce, and the Salem Partnership to develop a strategic plan for the PG&E Power Plant if it should close. #64 — COMMITTEE MEET REGARDING PARKING CONCERNS ON WASHINGTON STREET Councillor Sargent introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet on Wednesday, January 28, 2004 at 6.00 P. M. to discuss Parking concerns in the Washington Street area. Invited Mayors Aide, Tom Philbin, Parking Director, Jim Hacker, Salem Main Streets Director, Washington Street Businesses, Diane Manahan of Pamplemousse, Kathie Gauthier of A Touch of The Past. #65 —WELLNESS FAIR, SALEM STATE COLLEGE, 5K ROAD RACE 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 the Salem State College Wellness Fair 5K Road Race on April 25, 2004 has considered said matter and would recommend that it be granted. #66 — (#16 —#22) - GRANTING LICENSES 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. 362 CITY OF SALEM JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL 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 approval. FORTUNETELLING Debbie Mitchell, 6 Hawthorne Blvd. JUNK DEALER Isaac Talkowski & Son, 18-24 Phillips St. PUBLIC GUIDE Robert W. Anthony, 37 Boardman St. SECOND HAND Same Day Service, 2 Mason St. VALUABLE TAG DAY S.H.S. Girls Track, February 28, 2004 TAXI OPERATOR Cecilia Betances, 18 Lawton Ave., Lynn Edward M. Bielski, 2 Flint S., Boston James Cloutman, 19 Rainbow Terr., Salem John G. Mealey, 30 Grant St., Beverly Genaro Roman, 24 Ward St., Salem James R. Roy, 4 Loring Ave., #3, Salem Jeffrey Schafer, 8 '/2 Daniels St., Salem TAXICAB Salem Taxi, 201 Washington St., Salem #67 - (#11) — EXTENDED HOURS OF OPERATION FOR CITGO GAS STATION, NORTH STREET 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 the hours of operation for the Citgo Gas Station located at 101-105 North Street has considered said matter and would recommend that the Citgo Gas Station may remain open until 12.00 A. M. under the following conditions: Approval of the Board of Appeal Original conditions imposed by the Salem Fire Chief(Fire Marshall) That the proprietor, or their designee, insure that loitering is not allowed That the public peace is not disturbed That the City's Sign Ordinance is adhered to CITY OF SALEM 363 JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL Councillor Lovely amended to be approved for six months. It was so voted. Councillor Bencal amended to review the matter at the last meeting in June. It was so voted. The recommendation was adopted as amended. The Committee Report shall now read as follows: The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of the hours of operation for the Citgo Gas Station located at 101-105 North Street has considered said matter and would recommend that the Citgo Gas Station may remain open until 12.00 A. M. under the following conditions: Approval of the Board of Appeal Original conditions imposed by the Salem Fire Chief(Fire Marshall) That the proprietor, or their designee, insure that loitering is not allowed That the public peace is not disturbed That the City's Sign Ordinance is adhered to That the approval be for six months That the matter be reviewed in the last meeting of June #68 — REQUEST FROM HAWC, ANNUAL WALK A request from the HAWC to hold an annual Walk on April 25, 2004, was referred to the Committee on Ordinances, Licenses and Legal Affairs. #69 — REQUEST FROM MERCHANTS OF TOWN HOUSE SQUARE TO MEET WITH COUNCIL RE: PARKING ISSUES A request from the Merchants of Town House Square for a meeting with the City Council regarding Parking issues, was referred to the Committee on Government Services. #70 — 76 — LICENSES 364 CITY OF SALEM JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. FORTUNETELLING Sylvia Martinez, 7 Derby St., Salem TAG DAY S.H.S. Winter Color guard & Percussion, Feb. 14, 2006 S.H.S. Girls Track Team, March 27, 2004 S.H.S. Concert Band, Chorus & Orchestra, May 22, 2004 TAXI OPERATOR Charles Cody, 21 Heard Dr., Ipswich Ramon D. Gomez, 260 Washington St., Salem Guillermo Javier, 46 Peabody St., Salem Carlos Pacheco, 27 Albion St., Salem Blair Schetrompf, Jr. 36 St. Anns Ave., Peabody Russell Shafer, Carriage House Rt. 1, Peabody Juan Valdez, 197 North St., Salem TAXI CAB/LIMO Community Taxi, 27R Caller St., Peabody (6) Family Taxi, 289 Derby St., Salem (6) North Shore Airport Limo, 10 Colonial Rd. (6) #77 — DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS The following Drainlayer/Contract Operator license applications were granted. Connick Construction, 324 Den Quarry Road, Lynn J. Masterson Construction Corp, 46 Prince St., Danvers Pumel Enterprises, P. O. Box 2123, Danvers Mr. Rooter Plumbing, P. O. Box 273, Peabody United Utility Corp., 42 Haverhill Road, Amesbury #78 -#79 — CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Mark Livermore, P. O. Box 900, Marblehead, MA L. Raymond LaBrecque, 12 Oakland St., Salem #80 — BONDS CITY OF SALEM 365 JANUARY 22, 2004 REGULAR MEETING OF THE CITY COUNCIL The following Bond, was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved. United Utility Services Corp, 42 Haverhill Road, Amesbury, MA (#821 of 2003) — MAYOR'S VETO, ORDINANCE RE: PARENTAL GUARDIAN RESPONSIBILITY FOR MINORS The Mayor's Veto of Council Order#821 an Ordinance relative to Parental Guardian responsibility for minors was then taken up. The Ordinance was referred to the Committee on Ordinances, Licenses and Legal Affairs and former Councillor Kim Driscoll to be invited. It was so voted. (#12) - ORDINANCE, AMENDING TRAFFIC, HANDICAP PARKING, BARTON STREET The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Chapter 42, Section 50B, Barton Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Sosnowski the meeting adjourned at 9.05 P. M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK