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MINUTES - Regular - 2/12/2009 CITY OF SALEM 41 FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 12, 2009 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 6, 2009 at 9.33 A.M. All Councillors were present. Council President Paul Prevey presided. Councillor Pelletier moved to dispense with the reading of the record of the previous meeting. It was so voted. President Prevey requested that everyone please rise to recite the Pledge of Allegiance. #64 -APPOINTMENT OF GAYLE SULLIVAN TO THE BOARD OF HEALTH The Mayor's appointment of Gayle Sullivan to the Board of Health with a term to expire February 1, 2010, was held under the rules until the next meeting of February 26, 2009. #65 —APPOINTMENT OF FRANK MILO TO THE SALEM HOUSING AUTHORITY The Mayor's appointment of Frank Milo to the Salem Housing Authority with a term to expire February 1, 2014, was held under the rules until the next meeting of February 26, 2009. #66 — REAPPOINTMENT OF DAMIEN JOHNSON TO THE BOARD OF ASSESSORS The Mayor's reappointment of Damien Johnson to the Board of Assessors with a term to expire February 1, 2012, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. #67 — REAPPOINTMENT OF RUTH KAPNIS TO THE CEMETERY COMMISSION The Mayor's reappointment of Ruth Kapnis to the Cemetery Commission with a term to expire February 1, 2012, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. 42 CITY OF SALEM FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL #68 —APPR. TO BUILDING MAINTENANCE The following Order recommended by the Mayor was adopted. ORDERED: That the sum of One Thousand Three Hundred and Eighty-Five Dollars and Sixty-Nine Cents ($1,385.69) is hereby appropriated from the "Fund Balance — Free Cash" account to the "Building Maintenance" account in accordance with the recommendation of Her Honor the Mayor. #69 — TRANSFER TO PUBLIC SERVICES — WATER — UTILITY SERVICE REPAIR & MAINTENANCE The following Order recommended by the Mayor was referred to the Committee on Administration and Finance. ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated from the "Retained Earnings —Water Fund" account to the Public Services accounts listed below in accordance with the recommendation of Her Honor the Mayor: Public Services —Water Contracted Services $8,000.00 Public Services —Water Util. Serv. Rep. & Maint. $12,000.00 $20,000.00 #70 — TRANSFER TO VARIOUS GROUP INSURANCE LINES The following Order recommended by the Mayor was adopted. ORDERED: That the sum of Seven Thousand Two Hundred and Seventy Six Dollars and Fifty Cents ($7,276.50) is hereby transferred from the "Receipts Reserved — Harbormaster" account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor. 2nd Quarter SS/Med 441.76 Health Ins 4,615.58 Life Ins 37.44 Dental Ins 39.92 Retirement 2,141.80 Total 7,276.50 CITY OF SALEM 43 FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL #71 — TRANSFER TO VARIOUS GROUP INSURANCE LINES The following Order recommended by the Mayor was adopted. ORDERED: That the sum of Seven Thousand Seven Hundred and Three Dollars and Five Cents ($7,703.05) 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: 2nd Quarter SS/Med 658.31 Health Ins. 3,766.50 Life Ins 37.14 Dental Ins 304.40 Retirement 2,936.70 Total 7,703.05 #72 — TRANSFER TO VARIOUS GROUP INSURANCE LINE The following Order recommended by the Mayor was adopted. ORDERED: That the sum of Three Hundred and Forty Two Dollars and Ninety Six Cents ($342.96) is hereby transferred from "Receipts Reserved —Witch House" account and appropriated to the following Group Insurance Line in accordance with the recommendation of Her Honor the Mayor: 2nd Quarter SS/Med 342.96 #73 — ORDINANCE RELATIVE TO THE USE OF MARIHUANA (MARIJUANA) IN PUBLIC PLACES The following Ordinance recommended by the Mayor was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. A motion for immediate reconsideration in the hopes it would not prevail was denied. In the year two thousand and nine An Ordinance to amend an Ordinance relative to the use of marihuana (Marijuana) in public places 44 CITY OF SALEM FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 24 Offenses and Miscellaneous Provisions is hereby amended by adding the following new section: "Section 24-19.5 Public Consumption of Marihuana or Tetrahydrocannibol" (a) Prohibited No person shall smoke, ingest, or otherwise use or consume marihuana or tetrahydrocannibol as defined in G.L. c. 94C Sec. 1 as amended while in or upon any public way or any way to which the public has a right of access; any place to which members of the public have access as invitees or licensees; any street, sidewalk, footway, passageway, stairs, bridge, park, playground, beach, recreation area, boat landing, public building, school house, school grounds, cemetery, parking lot, or any area by or under the control of the City of Salem, or in or upon any bus or other passenger conveyance operated by a common carrier; or any private land, building structure or place without consent of the owner or person in control thereof, or in any place accessible to the public. (b) Fine This ordinance may be enforced through any lawful means in law or in equity including, but not limited to, enforcement by criminal indictment or complaint pursuant to G.L. c. 40 Sec. 21, or by non-criminal disposition pursuant to G.L. c. 40 Sec. 21D7 by any police officer. The fine for violation of this ordinance shall be three hundred dollars for each offense. Any penalty imposed under this ordinance shall be in addition to any civil penalty imposed under G.L. c. 94C Sec. 32L. Section 2. This Ordinance shall take effect as provided by City Charter. #74 — COMMUNICATION FROM THE MAYOR REGARDING NEW SENIOR/COMMUNITY LIFE CENTER The following communication from the Mayor regarding a proposal for a new Senior/Community Life Center was received and placed on file. February 10, 2009 Honorable Salem City Council Salem City Hall Salem, Massachusetts 01970 Re: Proposal for a new Senior/Community Life Center at Boston/Bridge Intersection CITY OF SALEM 45 FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL Ladies and Gentlemen of the Council: As you know, in Salem, building a new senior center has been at the center of political discussions for decades. Plan after plan has been debated with many locations identified from the city-owned Szetela Lane property to the former Bell Atlantic Telephone building on St. Peter Street. Unfortunately, rather than producing a new senior center facility these discussions ended where they began with political infighting and bewilderment. Last Thursday morning I held a meeting at the Council on Aging to update seniors and other interested members of the public on the City's efforts to build a new senior center. I have had an opportunity to meet with many of you individually to discuss the status of the City's plans for a new senior center and during those meetings was encouraged by your thoughtfulness and understanding of the analysis and results related to the evaluation undertaken by the City of the three sites identified by the Senior Center Committee. With that in mind, I am recommending that the City proceed with constructing a new Senior/Community Life Center, as part of a joint development at the intersection of Boston and Bridge Streets. Enclosed herewith please find the following proposed Orders in connection with this recommendation: An Order authorizing the City to enter into a Purchase and Sale Agreement to acquire a first floor, 20,000± square foot facility as part of a new, three story 75,000 ± square foot facility to be constructed on this site for $4,994,136.00. An Order authorizing the submission and approval of a Section 108 Loan application to the Department of Housing and Urban Development (HUD) to help finance the proposed acquisition. An Order declaring the current Council on Aging building on Broad Street surplus so that an orderly disposition process can be undertaken with sale proceeds helping to finance the proposed acquisition. As you may recall, following the narrow defeat of the last proposal to build a new center at the former St. Joseph's site, a Senior Center Committee was created "to investigate possible locations for a new senior center." For over a year a Committee, comprised of representatives from the Council, the Administration, and several senior advocacy groups met and reviewed site options, determined facility and programming requirements and solicited public opinion on possible center locations. Ultimately, the Committee unanimously adopted a report that identified the following three sites as "viable" options for a new senior center facility: city-owned land on Memorial Drive, city-owned land on Fort Avenue, and a private parcel located at the corner of Boston and Bridge Streets. Following the work of the Committee, a final report was presented to the City Council. The Council accepted the report and recommended that the City conduct an extensive review of each site. That work has been completed and determined that the cost to build a new center on the two city-owned parcels far exceeded the cost to acquire a new center as part of a joint development at the intersection of Boston/Bridge. Further, the financing model the City is utilizing requires an annual 46 CITY OF SALEM FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL additional revenue stream to support any new debt associated with a new building. I have attached a summary of the city's findings and rationale for this recommendation to this correspondence. I trust that you recognize that there is no "perfect" site for a new senior center and that not everyone will be happy with whatever site is recommended. However, I also believe that given the age of our present COA building, its lack of accessibility, coupled with the fact that it is comprised of only 15,000 square feet, spread out over three floors with extremely limited parking, we can no longer afford to ignore this problem. Salem's seniors deserve a first class facility and the present center is deteriorating, thus hampering our ability to enhance or expand programming. The City needs to deal with this head-on, even during these difficult financial times. After more than a year of study, it is time for action. I hope you can understand my desire to move this issue forward and that you will be open, if not supportive, of the proposed site. I look forward to our future deliberations on this important matter. Very truly yours, Kimberley Driscoll Mayor #75 —AUTHORIZE PURCHASE AND SALE AGREEMENT FOR THE PURCHASE OF A SENIOR CENTER AT BRIDGE & BOSTON STREET The following Order recommended by the Mayor was referred to the Committee of the Whole to hold a public hearing. ORDERED: That the Mayor is hereby authorized to enter into a purchase and sale agreement and any associated documents required for the purchase of a 20,000 square foot condominium unit to be used as a senior center that is to be constructed within a development at the corner of Bridge and Boston Streets and pursuant to the "Term Sheet Outline of Proposal Submitted Pursuant to RFP #K-17" from the seller, High Rock Bridge Street, LLC dated February 9, 2009, a copy of which is attached hereto. #76 — COMMUNITY BLOCK GRANT SECTION 108 LOAN PROGRAM The following Order recommended by the Mayor was referred to the Committee of the Whole to hold a public hearing. ORDERED: That the Mayor, as the City's Chief Elected Official, is hereby authorized to submit an application and amendments thereto and all understandings and assurances contained therein to the United States Department of Housing and Urban Development, under the CITY OF SALEM 47 FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL Community Development Block Grant entitled, Section 108 loan program, seeking up to Four Million, Nine Hundred Ninety-four Thousand, One Hundred Thirty-six and 00/100 dollars ($4,994,136.00) in funding for the construction of a new senior center, as described in the attached correspondence from the Mayor; to act in connection with the application to provide such additional information as may be required; and execute such documents as may be required in order to implement the application and issue debt obligations pursuant thereto. #77 — DECLARE 5 BROAD STREET AS SURPLUS CITY OWNED PROPERTY The following Order recommended by the Mayor was referred to the Committee of the Whole to hold a public hearing. ORDERED: That the City Council accept the recommendation of the City Planner and Director of Inspectional Services (Public Property) and declare the City owned parcel and structure thereon at 5 Broad Street, Assessor's Map 25, Parcel 546, surplus property. #78 — THE SUM OF $557,550.00 BE REDUCED FROM THE FY09 LIST OF BUDGET ACCOUNTS The following Order was received after the deadline of Tuesday noon by suspension of the rules. The Order was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Five Hundred and Fifty-Seven Thousand, Five Hundred and Fifty Dollars ($557,550.00) is reduced from the following FY2009 accounts in order to balance the FY2009 budget due to 9C cuts in accordance with the recommendation of Her Honor the Mayor. Executive Mayor 11212-5320 Contracted Services $10,000.00 $ 10,000.00 Legislative City Council 11112-5421 Contracted Services $7,000.00 11112-5320 Printing&Binding $3,000.00 Elections 11622-5309 Pollworkers $1,000.00 11622-5386 Voting Machines $4,000.00 $15,000.00 Finance Division Assessors 11411-5150 Fringe $3,000.00 Collector 11462-5381 Printing&Binding $5,000.00 48 CITY OF SALEM FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL Data Proc 11552-5317 Educational Training $5,000.00 11562-5243 Data Proc Maint $70,000.00 Finance 11352-5320 Contracted Services $4,000.00 11352-5710 In State Travel $1,000.00 Parking 14811-5113 PT Salaries $5,000.00 14812-5341 Phone $1,500.00 14812-5421 Supplies $1,500.00 14812-5521 Tickets $1,000.00 14812-5710 In State Travel $1,000.00 Treasurer 11452-5317 Educational Training $1,000.00 11451-5111 FT Salaries $4,000.00 11492-5740 Municipal Insurance $15,000.00 $118,000.00 Legal Division Solicitor 11511-5111 FT Salaries $5,000.00 11512-5303 Legal Services $10,000.00 $15,000.00 Human Resourse Division HR 11522-5300 Purchase of Sery $4,000.00 11522-5303 Legal Services $2,800.00 11522-5317 Educational Training $3,200.00 $10,000.00 Fire Division Fire 12201-5111 FT Salaries $35,000.00 $35,000.00 Police Division Police 12101-5111 FT Salaries $32,000.00 $32,000.00 Inspectional Services Division Health 15101-5111 FT Salaries $80,000.00 Inspections 12411-5111 FT Salaries $35,000.00 12412-5846 Emergency Demo/Rep $15,000.00 Electrical 12451-5131 Overtime $3,000.00 $133,000.00 Planning&CD Division Planning Bd 11751-5111 FT Salaries $3,200.00 $3,200.00 Public Services Division Public Sery 14111-5111 FT Salaries $25,000.00 $25,000.00 Engineering Division Engineering 14122-5317 Educational Training $350.00 14122-5421 Office Supplies $800.00 14122-5851 Office Equipment $200.00 Trash Enter 620032-5291 Solid Waste $35,000.00 620032-5317 Educational Training $1,000.00 620032-5780 Other-Recycling $4,000.00 $41,350.00 School CITY OF SALEM 49 FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL School 13930160-5711 Additional Approp $100,000.00 $100,000.00 Rec&Community Services Divison Recreation 16501-5118 Seasonal Workers $5,000.00 Witch House 16521-5118 Seasonal Workers $5,000.00 Library 16101-5111 FT Salaries $10,000.00 $20,000.00 TOTAL 9C Cuts $557,550.00 $557,550.00 #79 — COLLECTOR CHARGE A FEE FOR EACH WRITTEN DEMAND ISSUED The following Order was received after the deadline of Tuesday noon by suspension of the rules. The Order was referred to the Committee on Administration and Finance under the rules. ORDERED: That the City of Salem charge for each written demand issued by the Collector a fee of$15.00 to be added to and collected as part of the tax, as authorized by Massachusetts General Laws Chapter 60, Section 15. #80 — HEARING REQUEST FROM TAXI OPERATOR REGARDING LICENSE Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: That the enclosed request from Jason Bottari for a hearing regarding his denied taxi operator license be referred to the Committee on Ordinances, Licenses and Legal Affairs to hold such hearing. #81 — ORDINANCE — TRAFFIC REPEAL HANDICAP PARKING BOSTON STREET Councillor Ryan introduced the following Ordinance, which was adopted for first passage. In the year two thousand and nine An Ordinance to amend an ordinance relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Repeal Boston Street, easterly side, in front of#83 for a distance of twenty feet, "Handicap Parking, Limited Time" Section 2. This Ordinance shall take effect as provided by City Charter. 50 CITY OF SALEM FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL #82 — ORDINANCE RELATIVE TO SENIOR CITIZEN TAX WORK OFF ABATEMENT PROGRAM Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: That the Committee on Administration and Finance review the current Ordinance for the "Senior Citizen Tax Work Off Abatement Program" Chapter 2, Section 2-2050 through Section 2-2052, to consider amending it to increase the amount allowed for the abatement per fiscal year and increase the number of individuals allowed in participating in the program. #83 —YEAR TO DATE BUDGET REPORT Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report dated January 31, 2009, be received and placed on file. #84 — MONTHLY FINANCIAL REPORT Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated December 31, 2008, be received and placed on file. #85 — CITY CLERK COMMUNICATE WITH MASS. HIGHWAY RE: REPLACE AMBER LIGHTS ON LORING & LAFAYETTE STREETS Councillor O'Keefe introduced the following Order. ORDERED: That the City Clerk communicate with Commissioner Luisa M. Paiewonsky, Massachusetts Highway Department, 10 Park Plaza, Suite 3170, Boston, MA 02116, requesting the repair of the non-functioning four (4) amber signals on Loring Avenue opposite Leggs Hill Road (Route 1A). The Commissioner also be requested to consider the installation of one (1) amber light augmentation (LED) Light-emitting diode at the location and a similar amber light augmentation (LED) light-emitting diode at a similar working location on a curve on Lafayette Street at Raymond Avenue (Route 114). Councillor Pelletier amended to include also requested a red light augmentation (LED) light- emitting diode at the intersection of Mason and North Street (Route 114). CITY OF SALEM 51 FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL The Order was adopted as amended. #86 — GEORGE WASHINGTON PORTRAIT BE RETURNED TO IT'S ORIGINAL LOCATION Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the giant portrait of George Washington that now hangs in the main stairwell of City Hall be re-hung in it's original place of honor behind the City Council President's podium and that when the funds become available that the portrait be refurbished to its original condition. Referred to the Committee on Government Services and ask the Peabody Essex Museum (PEM) to help. #87 — STANDING MOTOR VEHICLES ON LAFAYETTE STREET Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs take up the matter of standing motor vehicles in front of 183 and 183A Lafayette Street blocking the market and insurance agency. Invited parties to be Al Prime Energy Inc. operator of a motor fueling facility at 175 Lafayette Street, a representative of Marquis Insurance 183 Lafayette Street and a representative of Lafayette Market. Also invited Lt. Robert Preczewski of the Salem Police Traffic Division. #88 — 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. JUNK DEALER Frederic W. Hutchinson, 15 Robinson Rd., Salem PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem PUBLIC GUIDES Beverly Koenigsberg, 77 High Pine Circle, Concord SECOND HAND VALUABLE Salem Loan & Jewelry, 33 New Derby St., Salem 52 CITY OF SALEM FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL TAG DAY S.H.S. Softball, April 18, 2009 & May 9, 2009 Councillor Sosnowski and Lovely recused themselves and left the chamber. #89 — (#705) AMENDING ORDINANCE RELATIVE TO MOORING FEES 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 amending an Ordinance relative to Mooring Fees, has considered said matter and would recommend that the ordinance be adopted for first passage. In the year two thousand and eight An Ordinance to amend an Ordinance relative to Mooring Fees Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 10, Section 10-24 (d) Fee is hereby amended by deleting the following fee schedule and text: Fee for nonresident mooring, $6.00 per foot Fee for resident mooring, $3.00 per foot Fee for nonresident slip fee $3.00 per foot Fee for resident slip fee $3.00 per foot. For the purposes of this section, the boat registration shall be the sole determinant of residency. And replacing it with the following new fee schedule: Fee for mooring, $6.00 per foot of vessel Fee for slip, $3.00 per foot of vessel Section 2. This Ordinance shall take effect as provided by City Charter. #90 — ROAD RACE FOR HISTORIC SALEM The request from Historic Salem Inc. to hold their first Annual Heritage Days 5K Road Race on Sunday, August 2, 2009, was approved. CITY OF SALEM 53 FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL #91 —APPEAL ON CONSERVATION COMMISSION DECISION REGARDING BAKER'S ISLAND A request from Robert Leavens for an appeal from the City Council on the Order of Conditions issued by the Salem Conservation Commission regarding the Baker's Island Light was referred to the Committee of the Whole. #92 — PETITION FOR A LEASE FOR LOT#7 TINKERS ISLAND A petition from Peter Vallis regarding lease for Lot 7 on Tinkers Island, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. #93 -#95 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. SECOND HAND CLOTHING Modern Millie, 103 Washington St., Salem TAG DAY S.H.S. Girls Track, March 21, 2009 S.H.S.Boys Soccer, October 10, 2009 & October 24, 2009 #96 -#98 LICENSE APPLICATIONS The following license applications were granted: LIMOUSINE Rosario Transportation, 14 Mason St., Salem (1) Edwin Service Car, 106 Lafayette St., Salem (1) Rene Car Service, 10 Irving St., Salem (1) TAXI CAB/ Tri-City Service Inc., 55R Walnut St., Peabody (2 Taxis, 6 Limo) LIMOUSINE TAXI OPERATORS Daniel Sirois, 15 Becket St., Salem Julio Jimenez, 11 B Rockdale Park, Peabody Santo Ozoria, 9 Prince St. PI., Salem Jeffrey Alexander, 104 Holten St., Danvers 54 CITY OF SALEM FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL Scott Boyle, 9 Perkins St. A-1 L, Gloucester TAXI OPERATORS CONTINUED Alphonse Soltys, 71 Harvest St., Lynn Jason Cacciola, 12 Blaine Ave., Beverly Wade Durkee, 288 Rantoul St., Beverly Juan Velez, 41 Ward St., Salem George Lugo, 99 Tremont St., Salem Wilfredo Morenco, 96 Newbury St., Danvers Cristian Nunez, 10 Wallis St., Peabody Nelson Sanchez, 260 Washington St. #21, Salem Roberto Disla, 106 Lafayette St., Salem Ramon Espinal, 16 Aborn St., Peabody #99 — DRAINLAYER / CONTRACT OPERATOR LICENSES The following Drainlayer/ Contract Operator Licenses were granted: D'Aleio Construction Co., Inc., 31 Lewis Rd., Swampscott Mr. Rooter Plumbing, 62 Jefferson Ave., Salem SLT Construction Corp., 3 Marion Dr., Carver #100 -#101 CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affai rs: Michael Leventhal, 10 Cloutman St., Salem Debra Gauvreau, 4 Hilton St., Salem #102 - BOND The following bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER SLT Construction Corp., 3 Marion Dr., Carver CITY OF SALEM 55 FEBRUARY 12, 2009 REGULAR MEETING OF THE CITY COUNCIL (#31) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING WISTERIA STREET The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Wisteria Street, was then taken up. The Ordinance was held until the next meeting of February 26, 2009. (#44A) — SECOND PASSAGE — ORDINANCE AMENDING STREETS AND SIDEWALKS OBSTRUCTIONS The matter of second and final passage of an Ordinance amending Chapter 38, Section 7 (b) and (d) Streets and Sidewalks Obstructions, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Ryan the meeting adjourned at 8.25 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK