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MINUTES - Regular - 2/12/2004 366 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 12, 2004 at 7.07 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 6, 2004 at 10.45 A.M. All Councillors were present. Council President Leonard F. O'Leary presided. Councillor Veno 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. #81 —APPT. AMY LUTTINGER, BOARD OF HEALTH The Mayor's appointment of Amy Luttinger to serve as a member of the Board of Health for a term to expire February 1, 2007 was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Ms. Luttinger to speak. #82 —APPT. RUTHANNE DAVIS, CONSTABLE The Mayor's appointment of Ruthanne Davis to serve as a Constable for a term to expire February 6, 2005, was received and filed. #83 —APPR. HUMAN RESOURCES —WORKMEN'S COMPENSATION The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of One Hundred Thirty-Four Thousand Six Hundred Six Dollars ($134,606.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Human Resources-Workmen's Compensation" Account in accordance with the recommendation of His Honor the Mayor. CITY OF SALEM 367 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL #84 —APPR. PUBLIC SERVICE-SNOW AND ICE REMOVAL AND SALARIES OVERTIME The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under 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" Accounts to the following "Public Services" Accounts: "Snow and Ice- Snow Removal" ($25,000.00); and "Salaries-Overtime" — ($25,000.00) in accordance with the recommendation of His Honor the Mayor. #85 — TRANS, PUBLIC SERVICES-CONTRACTED SERVICES The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the sum of Twenty-Three Thousand Fifteen Dollars and twenty-nine cents ($23,015.29) is hereby transferred from the "Public Services- Salaries Full Time" Account to the "Public Service-Contracted Services" Account in accordance with the recommendation of His Honor the Mayor. #86 —APPR. PUBLIC PROPERTY-BUILDING MAINTENANCE 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 "Fund Balance Reserved for Appropriation-Free Cash" Account to the "Public Property-Building Maintenance" Account in accordance with the recommendation of His Honor the Mayor. #87 — PURCHASING AGENT BE AUTHORIZED TO ENTER INTO A 5 YEAR CONTRACT FOR THE LEASE OF A NEW COPIES The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the Mayor and City Council hereby authorize the City Purchasing Agent to enter into a five-year contract between the City of Salem and Xerox to lease a new copier. Said contract will be in effect through February 2009. 368 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL #88 — ORDINANCE, AMENDING CHAPTER 36, SEC. 4, SOLID WASTE MANAGEMENT PICKUP OF LARGE ITEMS The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs. In the year two thousand and four An Ordinance to amend an Ordinance relative to Solid Waste Management Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 36, Section 4 of the Salem Code of Ordinances are hereby amended by deleting this section in its entirety and inserting thereof the following: Section 36-4. Pickup of large items. For the purpose of regulating the disposal of large household items, after proper notification to the department of public works, residents may purchase for $20 a collection sticker which when affixed to freon appliances, televisions and computer monitors, air conditioners the item will be eligible for collection curb side. Items from demolition or refurbishing such as furnaces, ductwork, radiators, or other items, as determined by the director of public services shall not be picked up by the city. The resident shall be responsible for the proper disposal of such items. Section 2. This Ordinance shall take effect as provided by City Charter. #89 — ORDINANCE, ZONING, CREATING A "113-6 ZONING DISTRICT — NORTH RIVER CANAL CORRIDOR NEIGHBORHOOD DISTRICT" The following Ordinance, recommended by the Mayor, was referred to the Planning Board to schedule a joint Public Hearing with the City Council, by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent. In the year two thousand and four An Ordinance to amend the Salem Zoning Ordinance CITY OF SALEM 369 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Proposed Changes to the Salem Zoning Ordinance to implement the North River Canal Corridor Master Plan "Future development should reconnect this area creating a mixture of compatible uses that expand upon the urban character of the city." —Vision Statement of the North River Canal Corridor Working Group Be it enacted by the City Council of the City of Salem in accordance with Massachusetts General Laws and the Charter of the City of Salem that the Zoning Ordinance of the City of Salem be amended as follows: 1. Establishment of a new B-6 Zoning District Article II, Section 3-1 is hereby amended by adding thereto the following: (11) B-6 District: North River Canal Corridor Neighborhood District is intended to be a development district to create a mixture of compatible uses that expand upon the urban character of the City which will combine residential, office, retail and other commercial uses in accordance with the Neighborhood Master Plan for the North River Canal Corridor." The boundaries of the B-6 Zoning District are shown on the attached map. The B-6 District follows the boundaries of the study area of the North River Canal Corridor Master Plan. 2. Change to Use Regulations Section Use Regulations Article V Section 5-2 is hereby amended by adding the following- 0 ) B-6 District. The following are permitted uses in the North River Canal Corridor Neighborhood District- 1. Grocery, fruit, vegetable and meat stores, delicatessens 2. Bakeries, provided that all baked goods are sold as retail on the premises only 3. Books, stationary and gift stores 4. Florist shops, but excluding greenhouses 5. Barber shops and beauty parlors 6. Tailor and custom dressmaking shops 7. Restaurants and other eating and drinking places 370 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL 8. Other retail stores and service establishments, except those permitted in B-4 Districts 9. Museums 10.Research and development facilities 11.Nonprofit clubs, lodges and fraternal associations 12.Philanthropic and charitable institutions 13.Music and dancing studios 14.Trade and business school 15.Hotels and inns 16.Business and professional offices 17.Medical and dental offices 18.Artist lofts and living space, studios, workrooms and shops of artists, artisans and craftsmen, provided that all products of the artistic endeavor or craft activity are primarily for sale on the premises or by specific off- premises commission from a sponsor or client. 19.Publishing and printing establishments 20.One-family, two family and multifamily residential uses as primary uses in townhouse, row house, flats or multistory arrangements, and as secondary uses in upper floors of structures primarily used for retail, personal service or office purposes. 21.Accessory uses generally in support of the above permitted uses. 3. Change to Density Regulations Section Article VI: Add Section 6-3.1: North River Canal Corridor Neighborhood Uses A building erected hereafter for uses permitted in the B-6 District shall meet the requirements set forth in Table V following section 6-4 herein. In interpreting Table V, the same provisions for interpreting Table I shall apply. Density Regulations, Article VI Section 6-4 is hereby amended by adding the following: #90 —#90A- ORDINANCE, AMENDING WATER AND SEWER CHARGES, ESTABLISHING FEES The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand and four An Ordinance to establilsh fees for engineering plans and research of streets, sewers and structures. CITY OF SALEM 371 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 38, Article II, Laying Out, Altering and Discontinuing Streets Division 1. Generally is hereby amended by adding the following new Section 38-64 entitled Plan and Research Fees. Section 38-64. Plan and Research Fees The schedule of fees for engineering plans of streets, sewers and structures of every kind is established and shall be in accordance with the following schedule: (a ) Plan and data research per hour $ 30.00 (b) copies of plans and data: Black and White copies up to 11 X 17 per copy $ 3.00 Black and White plan sheets all sizes per sheet$ 5.00 Color copies up to 11 X 17 per copy $ 7.00 Color plan sheets all sizes per sheet $ 25.00 City ward zoning maps, black and white $ 25.00 Full set of zoning maps, black and white $200.00 Full set of zoning maps, color $350.00 Section 2. This Ordinance shall take effect as provided by City Charter. #90113 — ORDINANCE AMENDING CHAPTER 38, SECTION 195, PERMIT FEE; CASH DEPOSIT, EXCAVATIONS, PUBLIC WORKS The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand and four An Ordinance to amend an Ordinance pertaining to Permit Fee; cash deposit Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 38, Article IV. Excavations is hereby amended by deleting under Section 38-195 section (a) subsections (1) and (2) Permit fee; cash deposit, and inserting in place thereof the following: 1. Base permit fee, for an excavation not greater than 50 square feet in area $500.00 372 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL Section 2. This Ordinance shall take effect as provided by City Charter. 90C - ORDINANCE, AMENDING CHAPTER 38, SECTION 288, DRAINAGE ALTERATION PERMITS, PUBLIC WORKS The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand four An Ordinance to amend an Ordinance pertaining to Drainage Alteration Permits Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 38, Article VI, Drainage, Alteration Permits, is hereby amended by deleting under Section 38-288 Fee, and inserting in place thereof the following: A permit fee of$100.00 shall be paid at the time that an application for a drainage permit is filed with the city engineer. The city engineer shall act to grant, with or without conditions, or deny a permit application within 14 days of its filing. Section 2. This Ordinance shall take effect as provided by City Charter. #90D — ORDINANCE, AMENDING CHAPTER 38, APPLLICATION TO CONTAIN COST INFORMATION, PUBLIC WORKS The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand and four An Ordinance to amend an Ordinance pertaining to Application to contain cost information Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 38, Article III, Construction by Owner, Division 2. Application to contact cost information is hereby amended by deleting sections (1) through (4), and inserting in place thereof the following: CITY OF SALEM 373 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL 1. Curb work permit $ 50.00 2. Curb cut permit $100.00 3. Hot top sidewalk, per square yard $ 30.00 4. Cement sidewalk, per square yard $ 35.00 5. Brick sidewalk, per square yard $130.00 6. Wheelchair ramp hot top, per square yard $ 30.00 7. Wheelchair ramp cement, per square yard $ 35.00 8. Wheelchair ramp brick, per square yard $140.00 Section 2. This Ordinance shall take effect as provided by City Charter. #90E — ORDINANCE, AMENDING CHAPTER 46, SECTION 34, PIPES, RESERVOIRS AND FIRE HYDRANTS CONNECTED WITH WATERWORKS, PUBLIC WORKS The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand four An Ordinance, to amend an Ordinance, pertaining to Pipes, Reservoirs and Fire Hydrants Connected with Waterworks. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 46, Article 11 Water, Division 1. Generally is hereby amended by inserting under Section 46-34 Pipes, reservoirs and fire hydrants connected with waterworks subsection (b) A permit fee of$100.00 shall be paid to the city at the time that an application for hydrant use is submitted. Commercial use at hydrant will be charged at a fee of $10.00 per day. Section 2. This Ordinance shall take effect as provided by City Charter. #90F — ORDINANCE, AMENDING CHAPTER 46, SECTION 32, REGULATIONS GOVERNING INTRODUCTION AND USE OF WATER RATES AND CHARGES, PUBLIC WORKS The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs. In the year two thousand and four 374 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL An Ordinance to amend an Ordinance pertaining to Regulations governing introduction and use of water Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 46, Article 11. Water, Division 2, Rates and Charges is hereby amended by deleting under Sec. 46-32 Regulations governing introduction and use of water subsection (a) (2): Water Pipe Diameter Amount (in inches) % to 1 inch $100.00 1 '/2 to 2 inch $200.00 4 inch $300.00 6 inch $400.00 8 inch $500.00 10 inch $600.00 12 inch $600.00 and by inserting in place thereof the following: Water Pipe Diameter Amount (in inches) % to 1 inch $200.00 1 '/2 to 2 inch $250.00 4 inch $450.00 6 inch $450.00 8 inch $550.00 10 inch $600.00 12 inch $600.00 Section 2. This Ordinance shall take effect as provided by City Charter. 90G — ORDINANCE, AMENDING CHAPTER 46, SECT. 34, SUBSECTION (A) (10) REGULATIONS GOVERNING INTRODUCTION AND USE OF WATER, SERVICE FEES FOR PROPERTY OWNERS, PUBLIC WORKS The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs In the year two thousand and four An Ordinance to amend an Ordinance pertaining to Regulations governing introduction and use of water CITY OF SALEM 375 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 46, Article 11. Water, Division 2, Rates and Charges is hereby amended by deleting under Section 46-32 Regulations governing introduction and use of water subsection (a) (10) and inserting in place thereof: (10) An owner of property shall pay the following water service fee: a. Water shutoff and turn-on — 7:00 am. To 4.00 pm weekdays Residents $ 25.00 Commercial $100.00 b. Water shutoff and turn-on: - 4.00 pm to 7.00 am weekdays, weekends Residents $ 50.00 Commercial $ 50.00 c. Final reading $ 35.00 d. Thaw frozen service $300.00 e. Hydrant flow test assistance $250.00 f. In addition to fee, property owners shall pay for all off hours work, work completed during nights, weekends and holidays, completed by the Water Department at a per person per hour rate of$35.00 with a minimum charge of 4 hours. Section 2. This Ordinance shall take effect as provided by City Charter. 90H - ORDINANCE, AMENDING CHAPTER 46, SECTGION 76, CROSS CONNECTION CHARGES, PUBLIC WORKS The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs In the year two thousand and four An Ordinance to amend an Ordinance pertaining to Cross Connection Charges Be it ordained by the City Council of the City of Salem, as follows: 376 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL Section 1. Chapter 46, Article 11. Water, Division 2, Rates and Charges is hereby amended by deleting under Section 46-76 Cross connection charges: These cross connection devices shall be inspected semiannually, and a fee of $100.00 per inspection will be assessed to owner's water account. And by inserting in place thereof the following: These cross connection devices shall be inspected semiannually, and the following fee will be assessed to owner's water account: Commercial $100.00 per hour Residential $ 65.00 per hour Section 2. This ordinance shall take effect as provided by City Charter. #91 — COMM. FROM THE MAYOR RE: EXPANSION OF OLDE SALEM GREENS (GOLF COURSE) AND SALEM WOODS A communication from the Mayor regarding the expansion of the Olde Salem Greens (Golf Course) and Salem Woods, was received and filed and a copy to be forwarded to Golf Course Study. #92 — MAYOR SUBMITTING PARK AND RECREATION DEPARTMENT NEWSLETTER The Mayor submitting the latest Park and Recreation Department newsletter, was received and filed. #93 — COMMITTEE MEET RE: COLLECTION OF HAZARDOUS WASTE Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the Director of Planning and Community and Economic Development, Director of Public Works, the City's Health Agent, the Mayor or their representatives be invited to appear before the Committee on Public Health, Safety and Environment regarding the collection of hazardous waste and the City's plan (if any) to reestablish a hazardous waste collection day. CITY OF SALEM 377 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL #94 — FIRST PASSAGE OF AN ORDINANCE, AMENDING TRAFFIC, HANDICAP PARKING, BUTLER STREET Councillor Sargent introduced the following Ordinance, which was adopted for first passage. In the year two thousand and four 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: "Butler Street, in front of#1 for a distance of twenty (20) feet. "Handicap Parking Tow Zone". Section 2. This Ordinance shall take effect as provided by City Charter. #95 — COMMITTEE MEET RE: PLANS FOR PRINCE STREET PLACE Councillor Corchado introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development, meet to discuss the enclosed proposed plans for Prince Street Place. And that the City Engineer, Planner and Captain Callahan, Salem Harbor Community Development (CDC) be invited. #96 — COMMITTEE MEET RE: NEGOTIATIONS OF SALEM AND PEABODY FIREHOUSES Councillor Bencal introduced the following Order, which was adopted. ORDERED: That the Mayor, Director of Planning and Community Development, Captain Cody, the Acting Fire Chief or their representatives be invited to appear before the Committee on Public Health, Safety and Environment on Tuesday, February 17, 2004 at 6.30 to discuss the negotiations of Salem and Peabody firehouses. 378 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL #97 — COMMITTEE MEET RE: RECORDING OF DEED FOR PARCEL ON CLARK STREET Councillor Pelletier introduced the following Order, which was adopted. ORDERED: That the City Solicitor be invited to attend the Committee on Economic Development to give an update relative to the recording of a deed for the 13.4 acre parcel on Clark Street. Said deed to transfer jurisdiction to Conservation Commission. #98 — CITY ENGINEER INVESTIGATE CONDITION OF UNDERPASS ON PARALLEL STREET Councillor O'Keefe introduced the following Order, which was adopted. REQUEST: City Engineer Bruce Thibodeau investigate the condition and safety of the underpass on Parallel Street under Jefferson Avenue and report his findings and recommendation of the City Council. #99 — COMMITTEE MEET TO DISCUSS FIRE DEPARTMENT APPROPRIATION Councillor Harvey introduced the following Order, which was adopted. ORDERED: That the Committee on Administration and Finance meet with the new Fire Chief and the Acting Fire Chief to discuss the $152,000.00 appropriation of Free Cash to meet the budget requirement for FY 04. Further: that the Fire Union and Finance Director, Mayor or representative and Human Resource Director be invited to attend. #100 - ACTING FIRE CHIEF INVESTIGATE PASSAGE ON PARALLEL STREET Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: That the Acting Fire Chief Thomas F. Brophy investigate the passage on Parallel Street under Jefferson Avenue to determine if that passage will accommodate all Salem Fire Departments apparatus. CITY OF SALEM 379 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL #101 — ELECTION ORDER: PRESIDENTIAL PREFERENCE, MARCH 2, 2004 Councillor Harvey introduced the following Order, which was adopted. ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the City at the polling places designated hereinafter on Tuesday, March 2, 2004, for the purpose of casting votes in the Primary Officers for the election of candidates of political parties for the following office: PRESIDENTIAL PREFERENCE, DISTRICT MEMBERS OF STATE COMMITTEE (ONE MAN AND ONE WOMAN) FOR EACH POLITICAL PARTY FOR THE SECOND ESSEX DISTRICT, MEMBERS OF THE DEMOCRAFIC CITY COMMITTEE, MEMBERS OF THE REPUBLICAN CITY COMMITTEE AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: WARD ONE PRECINCT ONE Bentley School, Memorial Drive PRECINCT TWO Recreation Room, 27 Charter Street WARD TWO PRECINCT ONE Bentley School, Memorial Drive PRECINCT TWO Salem Heights, 12 Pope Street WARD THREE PRECINCT ONE Council on Aging, 5 Broad St. PRECINCT TWO Ste. Anne's School, 9 Cleveland Street WARD FOUR PRECINCT ONE Endicott School, 112 Boston Street PRECINCT TWO Princeton Crossing, 12 Heritage Drive WARD FIVE PRECINCT ONE Temple Shalom, Lafayette Street PRECINCT TWO Community Room, Pioneer Terrace WARD SIX PRECINCT ONE Bates School, Liberty Hill Ave PRECINCT TWO Park and Recreation Dept., Mack Park WARD SEVEN PRECINCT ONE Fire Station, 64 Loring Ave PRECINCT TWO Salem State Gymnasium, Harrison Road 380 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 A. M. and closed at 8:00 P. M. and that the City Clerk be instructed to post this notice as required by law. #102 — (#72 -#76) - 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. 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. 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) #103 — (#68) - ANNUAL WALK, HAWC 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 Walk for HAWC originally requested April 25, 2004 now be changed to May 2, 2004. CITY OF SALEM 381 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL #104 — (#23 & 34) — DRAINLAYER BOND 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 a Drainlayer License and Drainlayer Bond for Dibiase Corp. has considered said matter and would recommend approval. #105 — HOME RULE PETITION, TICKET TAX Councillor Harvey 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 a home rule petition for the adoption of a Ticket Tax has considered said matter and would recommend that the matter be referred to the Committee of the Whole for a Public Hearing to be held on February 25, 2004 at 7.00 PM and that an explanation of the details be submitted to the City Council from His Honor the Mayor. Be it further Ordered that the Mayor and Solicitor be invited to the Committee of the Whole Public Hearing. #106 — (#54) —APPR. CLEAN IT OR LIEN IT, PUBLIC PROPERTY Councillor Harvey offered the following report for the Committee on Administration and Finance. It was voted to accept the report or adopt the recommendation. The Committee on Administration and Finance to whom was referred an appropriation of$7,500.00 for Public Property-Clean it to Lien it Program has considered said matter and would recommend approval. 382 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL #107 — 107A— FIRST PASSSAGE OF AN ORDINANCE, AMENDING TAXI CAB FARES 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 for first passage by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent. Councillor O'Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of amending an Ordinance relative to Taxi Cab Fares has considered said matter and would recommend adoption for first passage. The Ordinance shall read as follows: In the year two thousand and four An Ordinance to amend an Ordinance relative to Taxi Cab Fares Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 44, Section 38, Fares Established is hereby amended by deleting in it's entirety and inserting in place thereof the following: Adult passengers: Each ride, anywhere in Salem $ 4.50 Senior citizens with I.D. $ 3.50 (59 years or Older, Anywhere in Salem) Waiting Time, per hour $20.00 Section 2. This Ordinance shall take effect as provided by City Charter. #108 — (#44) —APPR. LEGAL SERVICES Councillor Harvey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. CITY OF SALEM 383 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL Councillor Sargent left the Chamber due to a conflict of interest. The Committee on Administration and Finance to whom was referred an appropriation of$100,000.00 "Solicitor-Legal Services" has considered said matter and would recommend approval. #109 — (#164 of 2002) — COMMITTEE ME RE:NOISE ORDINANCE Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation. The Committee on Community and Economic Development to whom was referred Council Order#164 , dated February 28, 2002, that the Committee on Economic Development meet with the Salem Police Department and the City Solicitor to revamp and revise the Salem Noise Ordinance has considered said matter and would recommend that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs for their review of same. #110 — (#525 OF 2001) — TAKING OF 18 CROMBIE STREET BY EMINENT DOMAIN Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation. The Committee on Community and Economic Development to whom was referred matter of the taking of 18 Crombie Street by eminent domain has considered said matter and would recommend that the matter be discharged from the Committee with no further action required at this time. #111 (#90 OF 2002) — OVERLAY DISTRICT FOR COMMERCIAL, FLINT AND GOODHUE STREET AREA Councillor Lovely offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation The Committee on Community and Economic Development to whom was referred the matter of creation of an Overlay District for the Commercial, Flint and Goodhue Street commercial area has considered said matter and would 384 CITY OF SALEM FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL recommend that the matter be discharged from the Committee with no further action required at this time. #112 — TRANS. OF OWNERSHIP, SALEM TROLLEY A communication from David Butler of the Salem Trolley notifying the City Council of a transfer of ownership of business, was received and filed. Councillor Furey moved a City Seal be sent to Mr. Butler. It was so voted. #113 -#118 — LICENSES The following licenses were referred to the Committee on Ordinances, Licenses and Legal Affairs. FORTUNETELLING STORE Angelica of the Angels, 7 Central St. TAG DAY S.H.S. Baseball, April 17, 2004 Salem Little League, May 8, 2004 Salem Little League, June 19, 2004 TAXI OPERATOR Juan Baez, 18 Lawton Ave., Lynn George J. Cady, 11 Arthur St., Salem Ramon Guerrero, 43 Prince St., Salem TAXICAB Tri-City Services, Inc., 55 R Walnut St., Peabody #119 — DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATIONS The following Drainlayer/Contract Operator license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. Calnan Construction, LLC, 17 Reservoir Rd., Lynn Carpenter & Costin, 233 Burrill St., Swampscott R. DiLisio Co., Inc. 113 Fayette St., Lynn Thomas Mackey & Sons, Inc. 7 Rainbow Terr., Danvers #120 -#122 — CLAIMS The following Claims, were referred to the Committee on Ordinances, Licenses and Legal Affairs. Francis M. Caulfield, 20 Cloverdale Ave., Salem Tracy Mondello, 24 Larchmont Rd., Salem CITY OF SALEM 385 FEBRUARY 12, 20004 REGULAR MEETING OF THE CITY COUNCIL SUBROGATED CLAIM of MetLife Insurance Co, for Megan E. Stott, 700 Quaker Lane, Warwick, RI #123 -#124 — BONDS The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER Carpenter & Costin, 233 Burrill St., Swampscott CONSTABLE Ruthanne Davis, 9 '/2 Intervale Rd., Salem On the Motion of Councillor Veno the meeting adjourned at 7.55 P. M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK