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MINUTES - Regular - 6/14/2007 158 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 14, 2007 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on June 8, 2007 at 11.56 A.M. All Councillors present. Council President Matthew Veno presided. Councillor Blair moved to dispense with the reading of the record of the previous meeting. It was so voted. President Veno requested that everyone please rise to recite the Pledge of Allegiance. (#377) — INCREASE OF INFLAMMABLES - 111 NORTH STEET — TRICKETT REALTY TRUST A hearing was held on the petition of Trickett Realty Trust (Shell Oil Co.) to increase an inflammable license at 111 North Street by an increase of 21,980 gallons. Appearing in favor was Anthony Gruber, 254 N. Broadway, Salem, New Hampshire, Engineer for Trickett Realty. He stated there would be three tanks, one 30,000, one 8,000 and one 6,000 gallon. This will enable less frequent truck deliveries. Councillor O'Leary stated that he wanted free air for your tires as a condition. Councillor Furey asked if it is profitable to have a gas station and convenience store in close vicinity to two other gas stations and convenience store? Mr. Gruber stated that he is an engineer and not a real estate developer to answer the Councillor's question. Councillor Pelletier asked if they could find out what capacity of storage of flammables is at the other two stations. Councillor Sosnowski stated that he felt this is close proximity to a residential area and considering what happened in Danvers is this safe? Mr. Gruber stated that all the tanks are double walled and are state of the art. In opposition: CITY OF SALEM 159 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Keefe stated that he disagrees with the status of this license. It was not exercised and should not be increased. Ted Yeannakopousos resident of North Street— stated that he is in opposition to this license. He asked if the tanks are removed is there a rule that say's once tanks are removed you can't replace them? We don't need another gas station. Mohamad Shebab resident 3 Berrywood Lane — owner of the station at the corner of North and Mason Street stated a truck by law can only hold 11,000 gallons, so there will be the same number of delivery trucks. There is no advantage to having 30,000 gallons on this property. He is opposed. Also you can only use 90% of the tank. Jim Treadwell resident 3 Phelps Street— stated there are three sides of this property, two sides abutt residential properties. Put restrictions on commercial use. Councillor Prevey stated that he is against approval of this license. We want to improve the entrance corridor. Having three gas stations two minutes from each other doesn't make sense. Councillor Furey stated that he agrees and it is a matter of public safety. Councillor O'Leary made a motion to hold this petition until the next meeting for a legal opinion from the Solicitor. Councillor Pelletier seconded the motion. It was so voted. Councillor Furey and Blair were recorded as opposed. Councillor Sargent stated he was opposed. The land started out as a grammar school. Later it opened up as a small garage with one bay. Each time it gets bigger and bigger. He stated he is not for expanding. Councillor Blair moved to allow the petitioner to speak. Mr. Gruber requested that the petition be held over to address the Councils concerns. The trucks are limited to weight and the gentlemen is correct, 15% of every tank is unusable. It reduces the capacity of the tank. The concerns of height of the tanks in relation to surrounding properties, with the double walled tanks there won't be a leak. Councillor Sargent stated come prepared for any sale/lease pending that would assign it to anyone else. 160 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL (#308) —APPT. OF ROBIN STEIN ZONING BOARD OF APPEALS Held from the last meeting of May 24, 2007 the Mayor's appointment of Robin Stein to serve as a member of the Zoning Board of Appeals with a term to expire May 1, 2010, was confirmed by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor O'Leary was recorded as voting in the negative. Councillor Corchado requested and received unanimous consent to suspend the rules to allow Ms. Stein to speak. Councillor O'Leary moved that a letter and City Seal be sent to Nina Cohen. It was so voted. (#345) —APPT. OF CHRIS BURKE TO THE PARK & RECREATION COMMISSION Held from the last meeting of May 24, 2007, the Mayor's appointment of Chris Burke to serve as a member of the Park and Recreation Commission for a term to expire May 1, 2010, was confirmed by unanimous roll call vote of 11 yeas, 0 nay, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Leary, O'Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Mr. Burke to speak. Councillor O'Leary moved that a letter and City Seal be sent to Mike Kapnis. It was so voted. #389 —APPT. OF DAVID MARTEL TO THE COMMISSION ON DISABILITIES The Mayor's appointment of David Martel to serve as a member of the Commission on Disabilities for a term to expire June 1, 2010, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nay, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Leary, O'Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Mr. Martel to speak. Councillor Pelletier moved that a letter and City Seal be sent to Aaron Udy and Kenneth Bonnaci. It was so voted. CITY OF SALEM 161 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #390 —APPT. OF DAVID MOISAN TO THE COMMISSION ON DISABILITIES The Mayor's appointment of David Moisan to serve as a member of the Commission on Disabilities for a term to expire June 1, 2010, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nay, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Leary, O'Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor O'Leary requested and received unanimous consent to suspend the rules to allow Mr. Martel to speak. #391 —APPT. OF SHIRLEY WALKER TO THE BEAUTIFICATION COMMITTEE The Mayor's appointment of Shirley Walker to serve as a member of the Beautification Committee for a term to expire June 1, 2010, was held under the rules until the next regular meeting of June 28, 2007. #392 —APPT. OF THOMAS ST. PIERRE AS INSPECTIONAL SERVICES DIRECTOR The Mayor's appointment of Thomas St. Pierre to serve as the Inspectional Services Director for a term to expire January 31, 2008, was held under the rules until the next regular meeting of June 28, 2007. #393 — REAPPT. OF EDWARD CURTIN TO THE SCHOLARSHIP & EDUCATION COMMITTEE The Mayor's reappointment of Edward Curtin to serve as a member of the Scholarship and Education Committee for a term to expire June 1, 2010, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. #394 — REAPPT. OF SHIRLEY CERVONI TO THE SCHOLARSHIP & EDUCATION COMMITTEE The Mayor's reappointment of Shirley Cervoni to serve as a member of the Scholarship and Education Committee for a term to expire June 1, 2010, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. 162 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #395 — REAPPT. OF JOSEPH SALERNO TO THE SCHOLARSHIP & EDUCATION COMMITTEE The Mayor's reappointment of Joseph Salerno to serve as a member of the Scholarship and Education Committee for a term to expire June 1, 2010, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. #396 — REAPPT. OF NADINE HANSCOM TO THE PLANNING BOARD The Mayor's reappointment of Nadine Hanscom to serve as a member of the Planning Board for a term to expire June 1, 2010, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. #397 — REAPPT. OF JOHN CASEY TO THE SALEM LICENSING BOARD The Mayor's reappointment of John Casey to serve as a member of the Licensing Board for a term to expire June 1, 2010, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Mr. Casey to speak. Councillor O'Leary moved that a letter and copy of the vote be sent to Mr. John Casey. It was so voted. Councillors O'Keefe and Sargent recused themselves and left the chamber. #398 —APPR. TO FIRE — RETRO WAGES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Hundred and Fifty-five Thousand, Two Hundred and Twenty-Seven Dollars and Four Cents ($155,227.04) is hereby appropriated from the "Fund Balance — Reserved for Appropriation — Free Cash" account to the "Fire — Retro Wages" Account in accordance with the recommendation of Her Honor the Mayor. Councillors O'Keefe and Sargent returned to the Chamber. CITY OF SALEM 163 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #399 —APPR. TO PUBLIC SERVICES WATER - FUEL The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Fifty-Three Thousand Two Hundred and Fifty Dollars ($53,250.00) is hereby appropriated from "Retained Earnings —Water Fund" account to the "Public Services Water— Fuel" Account in accordance with the recommendation of Her Honor the Mayor. Councillor Blair and Lovely were recorded as opposed. Councillor O'Leary moved that the Finance Director find out in writing a schedule for Water and Sewer. #400 —APPR. TO PUBLIC SERVICES SEWER — FUEL The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Sargent, Prevey, Pelletier, O'Leary, O'Keefe, Furey, Corchado and Veno were recorded as voting in the affirmative. Councillors Sosnowski, Lovely and Blair were recorded as voting in the negative. ORDERED: That the sum of Fifty-Three Thousand Two Hundred and Fifty Dollars ($53,250.00) is hereby appropriated from "Retained Earnings — Sewer Fund" account to the "Public Services Sewer— Fuel" Account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Leary moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #401 —APPR. TO POLICE - OVERTIME The following Order, recommended by the Mayor, was sent back to the Mayor. No action was taken. 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 "Police - Overtime" Account in accordance with the recommendation of Her Honor the Mayor. 164 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #402 —APPR. TO CEMETERY - BURIAL 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 "Receipts Reserved — Sale of Vaults" account to the "Cemetery - Burial" Account in accordance with the recommendation of Her Honor the Mayor. #403 —APPR. TO FIRE — EQUIPMENT REPAIR The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Nine Thousand Five Hundred Seventy-One Dollars and Forty- Nine Cents ($9,571.49) is hereby appropriated from "Fund Balance — Free Cash" account to the "Fire — Equipment Repair" Account in accordance with the recommendation of Her Honor the Mayor. #404 —APPR. TO PUBLIC SERVICES — NATURAL GAS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Nine Thousand Dollars ($9,000.00) is hereby appropriated from "Fund Balance — Free Cash" account to the "Public Services — Natural Gas" Account in accordance with the recommendation of Her Honor the Mayor. #405 —APPR. TO PUBLIC PROPERTY ACCOUNTS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Eight Thousand, Four Hundred and Fifty Dollars ($8,450.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation — Free Cash" account to the following Public Property accounts listed below in accordance with the recommendation of Her Honor the Mayor. Fees D.E.P. Admin $6,500.00 Emergency Repairs $1,950.00 CITY OF SALEM 165 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL $8,450.00 #406 —APPR. TO PURCHASING FIXED COSTS The following Order, recommended by the Mayor, was adopted under suspension of 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 Purchasing Fixed Costs listed below in accordance with the recommendation of Her Honor the Mayor. Photocopy $3,500.00 Advertising $4,000.00 $7,500.00 #407 —APPR. TO FIRE — MEDICAL LINES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand Dollars ($6,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation — Free Cash" account to the Fire — Medical Lines listed below in accordance with the recommendation of Her Honor the Mayor. Dental/Medical Active $2,000.00 Dental/Medical Retirees $4,000.00 Total $6,000.00 #408 —APPR. TO PUBLIC SERVICES WATER — CONTRACTED SERVICES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Four Thousand, Nine Hundred Seventy-Five Dollars ($4,975.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to the "Public Services Water— Contracted Services " account in accordance with the recommendation of Her Honor the Mayor. 166 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #409 —APPR. TO PUBLIC PROPERTY— CONTRACTED SERVICES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Four Thousand, Three Hundred Fifty-Nine Dollars and Eighty- Eight Cents ($4,359.88) is hereby appropriated from the "Fund Balance Reserved for Appropriations — Free Cash" account to the "Public Property— Contracted Services" account in accordance with the recommendation of Her Honor the Mayor. #410 —APPR. TO PUBLIC SERVICES — IMPROVEMENTS PW & PARK The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the "Fund Balance Reserved for Appropriations — Free Cash" account to the "Public Services — Improvements PW & Park" account in accordance with the recommendation of Her Honor the Mayor. #411 —APPR. TO PUBLIC SERVICES WATER —VEHICLE PARTS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to the "Public Services Water— Vehicle Parts" account in accordance with the recommendation of Her Honor the Mayor. #412 —APPR. TO PUBLIC SERVICES SEWER —VEHICLE PARTS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the "Retained Earnings — Sewer Fund" account to the "Public Services Sewer— Vehicle Parts" account in accordance with the recommendation of Her Honor the Mayor. CITY OF SALEM 167 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #413 —APPR. TO PUBLIC SERVICES SEWER — INFRASTRUCTURE REPAIR The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Two Thousand, Two Hundred Fifty Dollars ($2,250.00) is hereby appropriated from the "Retained Earnings — Sewer Fund" account to the "Public Services Sewer— Infrastructure Repair" account in accordance with the recommendation of Her Honor the Mayor. #414 —APPR. TO PUBLIC SERVICES WATER — INFRASTRUCTURE REPAIR The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Two Thousand, Two Hundred Fifty Dollars ($2,250.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to the "Public Services Water— Infrastructure Repair" account in accordance with the recommendation of Her Honor the Mayor. Councillor O'Keefe and Councillor Sargent recused themselves and left the Council Chamber. #415 — TRANS. TO FIRE — RETRO WAGES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Eighty-Six Thousand Dollars ($86,000.00) is hereby transferred from the accounts listed below to the "Fire Retro Wages" account in accordance with the recommendation of Her Honor the Mayor. Public Property/Building Maintenance Salaries $44,492.00 Health Salaries $6,000.00 Public Property Inspection Salaries $22,500.00 Human Resources $13,008.00 Total $86,000.00 168 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #416 — TRANS. TO PUBLIC PROPERTY VARIOUS ACCOUNTS The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Seventeen Thousand Dollars ($17,000.00) is hereby transferred from the "Public Property— Postage" account to the following Public Property accounts in accordance with the recommendation of Her Honor the Mayor. Public Property - Building Maintenance $6,000.00 Public Property — Electricity $7,000.00 Public Property — Oil Heat $4,000.00 Total $17,000.00 Councillors O'Keefe and Sargent returned to the Chamber. #417 — TRANS. TO CITY COUNCIL —ADVERTISING The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand, Eight Hundred Ninety-One Dollars and Twenty- Four Cents ($6,891.24) is hereby transferred from the accounts listed below to the "City Council — Advertising" account in accordance with the recommendation of Her Honor the Mayor Motor Voter $150.00 Polling Place $100.00 Elections Adv. $65.24 Pollworkers $2,110.00 Voting Machine Service $4,466.00 Total $6,891.24 CITY OF SALEM 169 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #418 - TRANS. TO VARIOUS GROUP INSURANCE LINES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand, Two Hundred Eighty-Four Dollars and Eighty- Seven Cents ($6,284.87) is hereby transferred from "Receipts Reserved — Harbormaster" account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor April, May, June SS/Med $288.00 Health Ins $4,214.60 Life Ins $37.14 Dental Ins $57.60 Retirement $1,687.53 Total $6,284.87 #419 — TRANS. TO VARIOUS GROUP INSURANCE LINES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Five Thousand, Three Hundred Fifty Dollars and Thirty-six Cents ($5,350.36) is hereby transferred from "Receipts Reserved — Golf Course" account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor April, May, June SS/Med $402.73 Health Ins $2,656.05 Life Ins $30.14 Dental Ins $203.89 Retirement $2,050.55 Total $5,350.36 170 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #420 — TRANS. TO ELECTRICAL OVERTIME The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Thousand, Eight Hundred Forty Dollars ($1,840.00) is hereby transferred from accounts listed below to the "Electrical Overtime" account in accordance with the recommendation of Her Honor the Mayor Maintenance Traffic Signal $1,000.00 Telephone $500.00 In State Travel $340.00 Total $1,840.00 #421 — TRANS. TO GROUP INSURANCE LINES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of One Hundred Thirty-Seven Dollars and Fifty-Nine Cents ($137.59) is hereby transferred from the "Receipts Reserved-Witch House" account and appropriated to the following Group Insurance Line in accordance with the recommendation of Her Honor the Mayor April, May, June SS/Med $137.59 #422 — MAYOR'S VETO OF #362 ORDER FOR A STOP SIGN ON FRANKLIN STREET Mayor's Veto of Council Order#362, Stop Sign on Franklin Street at Hayward Street for a sixty day trial period. No action for seven days under the Charter. #423 — ORDINANCE AMENDING CH. 2, ARTICLE VIII, PARKING DEPARTMENT BY CREATING TRAFFIC AND PARKING COMMISSION Mayor submitting an Ordinance to amend an Ordinance relative to Chapter 2, Article VIII, Parking Department was referred to the Committee on Ordinances, Licenses and Legal Affairs. In the year two thousand and seven CITY OF SALEM 171 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL An Ordinance to amend an Ordinance pertaining to Parking and Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Division 2. Board of Chapter 2, Article VIII Parking Department is hereby amended by deleting this division in its entirety and inserting in place thereof the following new division: "DIVISION 2. TRAFFIC AND PARKING COMMISSION Sec. 2-1396. Created; Composition; Compensation of Members; Appointment. (a) There is hereby established in the city, a seven member Traffic and Parking Commission to consist of the Chief of Police, who shall serve as chairman, the Fire Chief, Director of Public Services, Director of Planning and Community Development, or their designees, two residents of the city and one downtown merchant or business owner nominated by the Chamber of Commerce to be appointed by the Mayor, subject to City Council confirmation. The members shall hold office for terms of one year from February 1 next following such appointment or until their successors are appointed and qualified. (b) The members of the Commission shall receive no compensation for their services as commissioners, but all expenses incurred for their purposes shall be paid by the city from an appropriation provided for that purpose. Sec. 2-1397. Powers, Duties and Responsibilities Generally. (a) The Commission shall have exclusive authority, except as otherwise herein provided, to adopt, amend, alter, and repeal rules and regulations, not inconsistent with the general laws, relative to vehicular traffic in the city, and to the movement, stopping or standing of vehicles on, and their exclusion from, all or any streets, ways, highways, roads and parkways, under the control of the city, including rules and regulations designing any way or part thereof under said control as a through way under and subject to the provisions of section nine of chapter eighty-nine of the General Laws. (b) The Commission shall be charged with the control, development, management, operation, and maintenance of all off-street, automobile parking facilities within the city or to contract there for, provided there is compliance with competitive bidding requirements. Reasonable regulations not inconsistent with the provisions of any statute or ordinance for the orderly use of off-street parking facilities shall be prescribed by the board, as well as a schedule of parking fees and other charges for the use of such facilities, whether such facilities are operated by the board or under contract there for. In determining parking fees, the board shall give consideration to the needs of the public and merchants to provide parking at the lowest cost possible. 172 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL (c) The Commission shall have power to erect signals, markings, and other devices for the control of traffic in the city and for informing and warning the public as to rules and regulations adopted hereunder, subject, however to section two of chapter eighty-five and sections eight and nine of chapter eighty-nine of the General Laws. (d) The Commission may prescribe penalties for the violation of any rule or regulation adopted hereunder. (e) All rules and regulations promulgated by authorized vote of the traffic and parking commission shall become effective upon publication in at least one newspaper of general circulation in the city. (f) Public notice, as required above, shall not be required for temporary rules and regulations. The commission shall have authority to declare temporary rules and or regulations, where required by consideration of public safety or convenience. No such rule or regulation promulgated pursuant to this paragraph may be effective for more than thirty days from the date of enactment. (g) Ten residents of the city, who are eighteen years of age or older, may petition the traffic and parking commission relating to any rule or regulation adopted or proposed to be adopted. (h) The Commission shall hold a public hearing thereon within thirty (30) days after the filing with the commission of such petition. If a public hearing shall be held pursuant to this section on any proposed rule or regulation, the proposed rule or regulation shall not be adopted until the public hearing has been concluded. After the public hearing has been held, any vote on the subject matter must be passed by a majority of the entire membership of the commission. Petitioners may be represented by any interested party, or legal representation. (i) In the event the Commission's rules and regulations are amended after any public hearing, the commission shall advertise once in one (1) or more newspapers published or distributed in the city. (j) The Commission shall provide, within three business days of its adoption, the City Council with a copy of any adopted rule or regulation. The City Council, by a vote of two- thirds of its members, may repeal the rule or regulation. CITY OF SALEM 173 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL (k) Nothing in this ordinance shall be construed to authorize the Commission to modify, limit or supersede the police department in the regulation and enforcement of parking on the city streets or modify, limit or supersede any power or authority of the Metropolitan District Commission, of the Massachusetts Bay Transit Authority, of the state highway department or the state department of public utilities, or any power now vested in the director of public services with reference to the issuance of licenses or permits for the opening, using or occupying of streets and sidewalks. (1) The Parking Director shall serve as staff assistant to the Commission and shall attend all meetings and be responsible for carrying out the directives of the Commission. Sec. 2-1397. City Traffic Regulations. All existing traffic regulations relating to the flow and control of vehicles shall remain in full force and effect until superseded by regulations adopted by the Traffic Commission. Copies of the current traffic regulations shall be maintained on file at the City Clerk's office, and shall be open for public inspection during the business hours of city hall. The Commission shall be responsible for placing any new or revised regulations on file with the City Clerk. Sec. 2-1398. Rates for Municipal Parking Facilities and On-Street Parking. A copy of all rates adopted by the Commission pertaining to city parking facilities and/or on street parking shall be submitted to the City Council within three business days following the adoption. At the conclusion of 30 days following submission, the rate shall be finally adopted, unless the Council acts sooner to affirm or reject such measure by a two-thirds vote of the Council. Sec. 2-1399. Penalties and Enforcement. (a) The Traffic and Parking Commission may prescribe penalties for violations of the provisions of this Chapter, and for violations of the rules and regulations of the Traffic and Parking Commission, pursuant to Chapter 40, Section 21 D of the General Laws. (b) Police officers of the City of Salem shall be authorized to enforce the provisions of the Chapter, and any rules, regulations, or orders of the Traffic and Parking Commission. Section 2. The phrase "Parking Department Board" as it appears throughout the Ordinance is hereby replaced with the phrase "Traffic and Parking Commission". Section 3. This Ordinance shall take effect as provided by City Charter. 174 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #424 — PARKING FEES FOR CHURCH STREET LOT The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: Be it hereby ordered by the City Council of the City of Salem as follows: That the Parking Department is authorized to charge (1) a $20.00 parking fee at the Church Street surface lot and both municipal parking garages on each Sarturday and Sunday in October, Columbus Day and after 3.00 PM on October 31st and (2) a $5.00 parking fee for both municipal parking garages on the 4t" of July. Be it further Ordered that the Parking Department shall honor all monthly and annual passes. #425 — ORDINANCE AMENDING TRAFFIC, OVERTIME PARKING METER Mayor submitting an Ordinance to amend an Ordinance relative to Chapter 42, Section 17A, "Overtime Parking Meter" was referred to the Committee on Administration and Finance. In the year two thousand and seven An Ordinance to amend and Ordinance relative to traffic code fines Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Article I, Section 17A is hereby amended as follows: (a) Amend Section 17A by deleting "Overtime Parking Meter" under the heading $10.00 Fine and inserting "Overtime Parking Meter" under the heading $15.00 Fine. (b) Amend the first paragraph of Section 17A under the heading entitled "Penalties for late payment" by deleting this paragraph in its entirety and inserting in place thereof the following new first paragraph: "If the original fine has not been paid within 21 days of the date of the ticket was issued, a $10.00 late fee is added. If any part of the original fine or penalty remains unpaid after 21 more days, a second penalty of$20.00 is added. Failure to pay fine within prescribed time may result in Registry of Motor Vehicles Non-Renewable of License/Registration and assessment of an additional $20.00 surcharge." CITY OF SALEM 175 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL (c) Amend Section 17A by deleting "Interfering with Snow Removal" under the heading $15.00 Fine and inserting "Interfering with Snow Removal" under the heading $50.00 Fine. Section 2. This Ordinance shall take effect as provided by City Charter. #425 — FORM A SOLID WASTE COMMITTEE Councillor O'Keefe introduced the following Order. It was referred to the Committee on Government Services co-posted with the Committee of the Whole by roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Sargent, Pelletier, Lovely, Furey, Corchado and Veno were recorded as voting in the affirmative. Councillors Sosnowski, Prevey, O'Leary, O'Keefe and Blair were recorded as voting in the negative. Councillor Pelletier moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. ORDERED: That the Mayor form a Solid Waste Contract Committee consisting of the City Engineer, Director of Public Services, Finance Director, City Solicitor, two members of the City Council as designated by the Council President, and two residents, one of which must be an owner of a multi-family dwelling subject to the current solid waste fee, for the purpose of reviewing the current solid waste fee within City Ordinance Chapter 36 Solid Waste Management and exploring potential alternative fee structures, such as a Pay-As-You-Throw Program and mandatory recycling, etc. And, that the Committee report its findings to the Mayor and City Council on or about December 31, 2007 so that the recommendation may be incorporated into the City's bid for a new solid waste disposal contract effective July 1, 2008. Councillor Sargent recused himself and left the Chamber. #426 - ORDINANCE AMENDING SOLID WASTE MANAGEMENT Councillor Sosnowski introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses and Legal Affairs In the year two thousand and seven 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: 176 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL Section 1. Chapter 36, Sections 5 through 9 of the Salem Code of Ordinances is hereby amended by deleting the following sections in their entirety. Section 36-5. Residential Curbside Solid Waste and Recycling Collection Section 36-6. Collection Fee for Certain Residents Section 36-7. Commercial curbside Solid Waste and Recycling Collection Section 36-8. Collection Fee for Certain Commercial Establishments Section 36-9. Ordinance to be returned to City Council Section 2. This Ordinance shall take effect as provided by City Charter. Councillor Sargent returned to the Chamber. #427 — PARKING METERS AT SALEM WILLOWS Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the parking meters at Salem Willows be suspended for the following events: June 23, 2007 Read Fund Picnic June 24, 2007 North Shore Cancer Walk July 21, 2007 Black Picnic And that no enforcement of said meters take place on those dates only. #428 - ORDINANCE AMENDING COMMISSION ON DISABILITIES NUMBER OF MEMBERS Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year two thousand and seven An Ordinance to amend an Ordinance relative to Commission on Disabilities CITY OF SALEM 177 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Section 2-926 Salem Code of Ordinances is hereby amended by deleting "The Commission shall consist of seven members" and insert in place with "The Commission shall consist of nine members" Section 2. This Ordinance shall take effect as provided by City Charter. #429 — TRIAL PERIOD FLINT STREET ONE-WAY Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the trial period making Flint Street a one-way between the end of Oak Street and Mason Street be recinded. #430 — ONE-WAY FLINT STREET GOING FROM MASON TO BRIDGE STREET Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the City implement a one-way on Flint Street going from Mason Street down to Bridge Street. That this matter be referred to the Committee on Government Services and invite the Mayor, Police Chief, Lt. Preczewski, City Engineer, City Planner and all affected residents and abutters and affected businesses. And that the matter be co-posted with the Committee of the Whole. #431 — ORDINANCE AMENDING TRAFFIC, PARKING METER ZONES, LAFAYETTE STREET Councillors Pelletier and Councillor Corchado introduced the following Ordinance, which was adopted for first passage. In the year two thousand and seven An Ordinance to amend and ordinance relative to Traffic, Chapter 42, Section 56. "Parking Meter Zones Established." Be it ordained by the City Council of the City of Salem, as follows: 178 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL Section 1. Lafayette Street, repeal Section 56, Zones Established between New Derby Street and Harbor Street, both sides. One half(1/2) hour parking (5/5/94) and insert in place thereof with the following: Easterly side from Derby Street to Harbor Street (not including Handicap Zones or restricted areas), "Metered Zones Established, thirty (30) minute limit. Section 2. Lafayette Street, repeal Section 56, Zones Established both sides, from Derby Street to Harbor Street (not including Handicap Zones or Restricted Areas) metered zones established, thirty (30) minutes limit (12/17/2003) and insert in place thereof with the following: Westerly side from New Derby Street and Harbor Street (not including handicap zones or restricted areas), "Metered Zones Established, sixty (60) minute limit. Section 3. This Ordinance shall take effect as provided by City Charter. #432 — RESIDENT STICKER PARKING, TRIAL PERIOD, VICTORY ROAD Councillor Corchado introduced the following Order, which was adopted. ORDERED: That the Police Traffic Division institutes the following temporary traffic regulations for a trial period of up to sixty (60) days. Chapter 42, Section 75, "Resident Sticker Parking": Victory Road both sides in its entirety. "Resident Sticker Parking only, Tow Zone", trial period sixty (60) days. #433 — TREE TRIMMING RELATIVE TO ELECTRIC LINES Councillor Lovely introduced the following Order, which was adopted. ORDERED: That representatives of Mass. Electric be requested to appear before the Committee on Government Services co-posted with the Committee of the Whole to discuss the tree trimming relative to electric lines with the Committee and that the Tree Warden be invited to attend. CITY OF SALEM 179 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #434 —YEAR TO DATE BUDGET REPORT OF MAY 31, 2007 Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report dated May 31, 2007 be received and placed on file. #435 — MEET WITH THE CWFC (CITY WIDE FLOOD CONTROL) ON JULY 11, 2007 Councillor Pelletier and Lovely introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services co-posted with the Committee of the Whole hold an initial meeting with the CWFC on July 11, 2007 at 6.00 P.M. and that the following be invited: City Engineer, Director of Public Services, ConCom Agent, City Planner, Health Agent, Lt. Dennis Levasseur, Fred Votta, Police Chief or rep., Mayor or rep., David McDonald, William Ross of NE Civil Engineering, George McCabe, Chris Hatfield, Doug Allen, Professor of Geological Science at SSC and Steve Rima, owner of McDonald's on Canal Street. #436 — SOLID WASTE MANAGEMENT ORDINANCE BE AMENDED Councillor Blair introduced the following Order, which was referred to the Committee on Ordinances, Licenses and Legal Affairs. ORDERED: That Section 36-9 under Solid Waste Management be amended by removing "Ordinance to be returned to City Council in its entirety" and replacing it with: "The next contract agreement between the city and a citywide solid waste collector will cause the deletion of Section 36-6 COLLECTION FEE FOR CERTAIN RESIDENCES. This deletion will take place after the above agreement but before the next fiscal year starting July 1st of the above mentioned contract. If no new contract is agreed upon within two years of this ordinance then Section 36-6 shall be deleted as of June 30, 2009" #437 — (#379 -#302, #271) 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 that the following be granted 180 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL LIMOUSINE Car Service Cibao, 16 Aborn St., Salem (1) SGE Car Service, 52 Harbor St., Salem (1) Ozoria Car Service, 33 Park St. #1, Salem (1) Delivery Salem Transportation, 257 Washington St., Salem (1) Divanne Car Service, 113 Loring Ave., Salem (1) Finix Car Service, 76 Lafayette St., Salem (1) Garcia Car Service, 56 Peabody St., Salem (1) SEAWORMS Douglas Robinson, 4 Laurine Rd., Danvers TAXICAB Finix Car Service, 76 Lafayette St., Salem (2) TAXI OPERATOR Gustavo Rodriguez, 257 Washington St., Salem Richard Aikins Sr., 130 Eastern Ave., Lynn Belkys Guerrero, 9 Mason St. #2, Salem Kimberly Stevens, 44 Bridge St., Salem Lamont Chisholm, 126 Union St. #34, Lynn Robert J. Corriveau, Jr., 78 Endicott St., Peabody Newri Garcia, 6 Ray St., Peabody VEHICLE FOR HIRE Salem Pedicab, 7 North Pine St., Salem #438 — (#376) LETTER FROM COMMISSIONER OF BANKS RE: PAWNBROKER ORDINANCE 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 a letter from the Commissioner of Banks regarding Salem's Pawnbroker Ordinance has considered said matter and would recommend that a public hearing be held with the Committee of the Whole and City Solicitor within three weeks. #439 — CAMP NAUMKEAG 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 Camp Naumkeag has considered said matter and would recommend that the Solicitor research CITY OF SALEM 181 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL any deed and restrictions for the Camp Naumkeag property and report back to the Committee with language for proper transfer of land from the City to the Board of Park Commissioners for the Committee meeting scheduled for Thursday, July 12, 2007. #440 — (#77) — SANDWICH BOARDS 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 sandwich boards has considered said matter and would recommend that a sub-committee chaired by Councillor Lovely be formed to propose regulations on sandwich boards and to report back to the Committee. The sub-committee shall consist of the Chamber of Commerce and representatives from Salem Department of Planning and Community Development (Frank Taorimina). #441 — (#285) — HOME RULE PETITION FOR 50 ST. PETER STREET (SALEM JAIL) 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 a Home Rule Petition for a liquor license at 50 St. Peter Street (Salem Jail) has considered said matter and would recommend approval. #442 — (#348) —APPR. FOR RECONSTRUCTION OF THE SALEM WILLOWS SEAWALL Councillor Prevey 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 an appropriation of$156,503.00 for the reconstruction of the Salem Willows Seawall has considered said matter and would recommend approval. #443 — (#349) —APPR. TO REPAIR THE SALEM WILLOWS PIER Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. 182 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL T The Committee on Administration and Finance to whom was referred the matter of an appropriation of$45,000.00 for the repair of the Salem Willows Pier has considered said matter and would recommend approval. #444 — (#79) — INCREASE THE MAYOR'S SALARY Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and the recommendation was defeated by a roll call vote of 2 yeas, 9 nays, 0 absent. Councillors O'Keefe and Furey were recorded as voting in the affirmative. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Leary, Lovely, Corchado, Blair and Veno were recorded as voting in the negative. Councillor Pelletier moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. The Committee on Administration and Finance to whom was referred the matter of an increase in the Mayor's salary has considered said matter and would recommend that the Mayor's Salary per Section 2-142 effective January 7, 2008 be increased to $90,000.00 per annum and increased on January 7, 2009 to $100,000.00 per annum. #445 — REQUEST OF WITCHES CUP TO HOLD A BIKE RACE The request from Paul Boudreau and Dan Shuman, Witches Cup organizes for use of city streets surrounding the Salem Common Area (Washington Square) to hold a bike race on August 15, 2007 was granted. #446 - REQUEST OF DIRECTOR OF PARK TO HOLD THE WICKED RUNNING CLUB ROAD RACE The request from Doug Bollen, Director of Parks and Recreation for use of city streets to hold a road race to be held on January 1, 2008 was granted. #447 — REQUEST OF MORRIS DANCE GROUP TO HOLD DANCE PERFORMANCE The request from Mitch Diamond of Morris Dance Group to use the Essex Street Mall for a dance performance on August 24, 2007 was granted. CITY OF SALEM 183 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL #448 — PETITION FROM RESIDENTS OF CASTLE HILL PLAYGROUND The petition from the residents of the Castle Hill Playground area to meet with the City Council regarding issues surrounding the playground was referred to the Park and Recreation Commission and that a letter from the City Council requesting that they ask the league to have a detail officer for Sunday afternoons or take the permit away was voted. Councillor Corchado and Furey were recorded as opposed. #449 — COMMUNICATION FROM WITCHES' PUBLIC AWARENESS LEAGUE The communication from the Witches' Public Awareness League requesting amendments to the new Fortunetelling Ordinance was referred to the Committee on Ordinances, Licenses and Legal Affairs. #450 — PETITION FROM GIOVANNI'S PIZZA FOR EXTENDED HOURS OF OPERATION The petition from Steve and Katerina Konis, owners of Giovanni's Pizza located at 44 Jefferson Avenue for extended business hours was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to hold a Public Hearing. #451 —#454 - BLOCK PARTIES The following requests for Block Parties were granted. Hemenway Road residents, July 4, 2007 Shore Avenue residents, July 4, 2007 River Street residents, July 28, 2007 Warren Street residents, (lower block only), July 28, 2007 #455 —#461 — LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. 184 CITY OF SALEM J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL PUBLIC GUIDE Lester Campagna, 104 Flint St. #2, Lynn Amsel Holohan, 4 Loring Ave., Salem TAXI OPERATOR Ramon Gomez, 36 Japonica St., Salem Luis E. Roman, 8 Prince St., Salem David Harding, 5 Summit St., Salem Jose M. Castro, 129 Jackson St., #2, Lynn Daniel B. Padgett, Jr., 12 Grafton St., Salem Ken Burton, 321 Cabot St., Beverly VEHICLE FOR HIRE Witch City Rickshaw, 63 Jefferson Ave. (4 vehicles) Operators: Chris Keefe, 3A Charles St., Newburport Jeffrey Hattabapgh, 28 Pierce Ave., Hamilton CityView Inc., 35 Eldon St., Boston (6 Trolleys) Owner: Michael J. Thomas, 35 Eldon St., Boston Operators: Eric Fraize, 41 Federal St., Salem Mike Thomas, 35 Eldon St., Boston Brian Donnelly, 300 Essex St., #6, Salem Stephen Nadolna, 80 Marlborough Rd., Salem The Salem Trolley, Inc. 8 Central St., Salem (4 Trolleys) Owner: Leah Schmidt, 640 Revere Beach Blvd., Revere Operators: Joel Cassidy, 35 March St., Salem Richard O'Neill, 82 Essex St., Middleton Richard Lloyd, 9 East Garfield Ave., Beverly Patty OCampo-Vega, 3 Violet Rd., Peabody Fran Rennie, 19 Piedmont St., Salem Robert Anthony, 37 Boardman St., Salem #462 -#465 — CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affai rs. Alexander Hill, 10 Leigh Rd., S. Hamilton Michael Musticchio, 12 Cherry Rd., Beverly Cheryl Stankiewicz, 21 Whitney Ave., #2L, Beverly Teresa Wong, 15 Clark St., Salem CITY OF SALEM 185 J U N E 14, 2007 REGULAR MEETING OF THE CITY COUNCIL (#370A) — ORDINANCE AMENDING FORTUNETELLING The matter of second and final passage of an Ordinance amending Ch. 14, Section 71 — 83, Fortunetelling was then taken up. The Ordinance was adopted for second and final passage as amended. Councillor O'Keefe moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. (#370B) - ORDINANCE AMENDING FORTUNETELLING FEES The matter of second and final passage of an Ordinance amending Ch. 14, Section 38, Fortunetelling Fees was then taken up. The Ordinance was adopted for second and final passage. Councillor O'Keefe moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. (#360) — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, SKERRY STREET The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Section 50B, Handicap Parking, Tow Zone, Skerry Street was then taken up. The Ordinance was adopted for second and final passage. (#363) — ORDINANCE AMENDING TRAFFIC, GENERAL TOWING ZONES, PROCTOR ST. The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Section 74, General Towing Zones, Proctor Street, was then taken up. The Ordinance was adopted for second and final passage. (#364) — ORDINANCE AMENDING TRAFFIC, PARKING TIME LIMITED, BOSTON STREET The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Section 57A, Parking Time Limited, Unmetered Zone, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Sosnowski the meeting adjourned at 11.25 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK