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MINUTES - Regular - 2/26/2009 56 CITY OF SALEM FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, February 26, 2009 at 7.00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 20, 2009 at 8.38 A.M. Councillor Veno was recorded as absent. Council President Paul Prevey presided. Councillor Furey 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. Councillor Pinto requested and received a moment of personal privilege for a moment of silence for Nancy Lee Olbrych who passed away. (#64) -APPOINTMENT OF GAYLE SULLIVAN TO THE BOARD OF HEALTH Held from the last meeting, the Mayor's appointment of Gayle Sullivan to the Board of Health with a term to expire February 1, 2010, was referred to the Committee on Public Health, Safety and Environment by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Sosnowski, Sargent, Ryan, Pinto, McCarthy, Lovely and Prevey were recorded as voting in the affirmative. Councillors Pelletier, O'Keefe and Furey were recorded as voting in the negative. Councillor Veno was recorded as absent. A motion for immediate reconsideration in the hopes it would not prevail was denied. (#65) —APPOINTMENT OF FRANK MILO TO THE SALEM HOUSING AUTHORITY Held from the last meeting, Mayor's appointment of Frank Milo to the Salem Housing Authority with a term to expire February 1, 2014, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Sargent, Ryan, Pinto, Pelletier, O'Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. Councillor Veno was recorded as absent. Councillor Ryan requested and received unanimous consent to suspend the rules to allow Mr. Milo to speak. CITY OF SALEM 57 FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #103 —APPR. FOR THE REPAIR OF THE HVAC SYSTEM FOR THE POLICE DEPT. The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Nine Thousand, Two Hundred Dollars ($9,200.00) is hereby appropriated to the "Capital Outlay — Renovations & Repairs" account to be expended for renovations and repairs of the HVAC system for the Police Department in accordance with the recommendation of Her Honor the Mayor. #104 —APPR. TO POLICE — COMMUNITY EVENTS The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Seven Thousand, Three Hundred and Fifty-Two Dollars and Two Cents ($7,352.02) is hereby appropriated from the "Fund Balance — Free Cash" account to "Police — Community Events" account in accordance with the recommendation of Her Honor the Mayor. #105 — TRANSFER TO ENGINEERING —WATER SYSTEM IMPROVEMENT The following Order recommended by the Mayor, was adopted. ORDERED: That the sum of Forty Thousand Dollars ($40,000.00) is hereby transferred from the "Retained Earnings —Water Fund" account to the "Engineering —Water System Improvement Program" account in accordance with the recommendation of Her Honor the Mayor. #106 — TRANSFER TO PUBLIC SERVICES — EQUIPMENT The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the sum of Eighteen Thousand Dollars ($18,000.00) is hereby appropriated from the "Receipts Reserved — Sale of Lots" account to the "Public Services — Equipment" account in accordance with the recommendation of Her Honor the Mayor. 58 CITY OF SALEM FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #107 — TRANSFER TO PUBLIC SERVICES — EQUIPMENT The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance. ORDERED: That the sum of Three Thousand, Nine Hundred and Thirty-Two Dollars ($3,932.00) is hereby appropriated from the "Receipts Reserved — Sale of Vaults" account to the "Public Services — Equipment" account in accordance with the recommendation of Her Honor the Mayor. #108 —INDUSTRIAL REVENUE BOND FOR JACQUELINE'S WHOLESALE BAKERY INC. The following Order recommended by the Mayor, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. ORDER: WHEREAS, the Massachusetts Development Finance Agency (the "Agency") has received an inquiry from Jacqueline's Wholesale Bakery, Inc., (the "Borrower"), which term includes any parent, subsidiary or related affiliate entity for a potential project to be financed by the Agency, to consist of the financing of the acquisition of certain equipment to be installed within industrial development facilities, to be used in the Borrower's wholesale bakery business, consisting generally of any or all of: (i) the acquisition of manufacturing equipment to be installed at 96 Swampscott Road, Salem, Massachusetts and (ii) the payment of costs of issuance of the Bonds (the "Project"); and WHEREAS, the Sponsor has made application to the Agency for the financing of the Project through the issuance of its Industrial Revenue Bonds (the "Bonds"); and WHEREAS, the Agency has notified the City in writing of such inquiry by the Borrower, in compliance with Section 8(a) of Chapter 23G of the Massachusetts General Law, as amended; and NOW, THEREFORE, BE IT ORDERED that the City Council acting in the name and behalf of the City of Salem, Massachusetts, hereby requires the Agency assume the role of an industrial development financing authority in financing the Project by issuance of the Bonds pursuant to Massachusetts General Laws Chapter 23G and Chapter 40D to finance the Project. CITY OF SALEM 59 FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #109 — ORDINANCE AMENDING SENIOR CITIZEN WORK-OFF PROGRAM The following Ordinance recommended by the Mayor, was adopted for first passage. In the year two thousand and nine An Ordinance to amend and Ordinance relative to the Senior Citizen Work-off Abatement Program Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2, Section 2-2051 Senior Citizen Work-off Abatement Program Income Qualifications is hereby amended by: 1) replacing the annual income level of an individual from "three times the poverty level" as it appears in sub-section (a) to "four times the poverty level;" and 2) replacing the annual income level of a married couple from "2 '/2 times the poverty level" as it appear in sub-section (b) to "3 '/2 times the poverty level." Section 2. Chapter 2, Section 2052 Senior Citizen Work-off Abatement Program Guidelines is hereby amended by replacing the maximum a participant may earn from "$500.00" to "$750.00" as it appears in sub-section (a) and (b). Section 3. This Ordinance shall take effect as provided by City Charter. #110 — PARKING TICKET AMNESTY PROGRAM The following Order recommended by the Mayor, was received after the deadline of Tuesday noon under suspension of the rules. It was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Ryan, Pinto, Pelletier, O'Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. Councillors Sosnowski and Sargent were recorded as voting in the negative. Councillor Veno was recorded as absent. ORDERED: Upon payment of an unpaid parking fine and the donation of two non- perishable items or canned goods to be donated to local food pantries, the City Collector shall waive, during the month of March, 2009, up to thirty dollars in late fees added to an unpaid parking fine, as provided in Section 17A of the City of Salem Traffic Code. The Collector shall not waive any surcharge imposed by the Massachusetts Registry of Motor Vehicles if the Collector has notified the Registry of Motor Vehicles of an unpaid fine and a non-renewal of license and/or registration has been recorded by the Registry of Motor Vehicles. 60 CITY OF SALEM FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #111 — NAMING OF VETERAN SQUARES Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Community and Economic Development meet to discuss requests for the naming of Veteran Squares. And that the Veterans' Agent be invited along with the Veteran's Council and a representative from the Department of Public Works. #112 —WORKER'S COUNCIL Councillor Furey introduced the following Order, which was adopted ORDERED: That the Committee on Government Services meet to discuss the possibility of setting up a workers council to discuss, engage and empowered, advise the city in financial areas and economic areas to meet the challenges and changes that confront us. Such committee/council could be composed of- 1-2 members of City Council 1-2 members of the School Committee 1-2 members from the teachers unit 1-2 members from the Police 1-2 members from the Fire 1-2 members from the DPW 1-2 members from clerical 1-2 members from custodians That they meet on an ongoing basis to share their mutual ideas and concerns and if necessary to report back their ideas and findings to members of their groups. #113 — REHABBING THE BARRACKS AT WINTER ISLAND FOR THE VETERANS Councillor Pelletier co-sponsored with Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That Councillor Sosnowski as liaison to the Veterans' Council together look into the feasibility of rehabbing the barracks at Winter Island by use of donations and fundraising for a state of the art meeting place with a possibility of an office for the City's Veterans' Agent. Further that the Administration be aware of this order and invite to the Committee on Government Services in the near future in regards to this matter. Invitees to be determined at a later date. CITY OF SALEM 61 FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #114 — TRIAL PERIOD FOR STOP SIGN AT 68 VALLEY STREET Councillor Ryan introduced the following Order, which was adopted. ORDERED: That a stop sign be placed on the corner at 68 Valley Street at the intersection with Parlee Street for a trial period of 90 days. #115 — FINANCIAL REPORT DATED JANUARY 31, 2009 Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated January 31, 2009, be received and placed on file. #116 — LEGGS HILL ROAD ISSUES Councillor O'Keefe introduced the following Order, which was adopted. ORDERED: Salem City Engineer David H. Knowlton advise the City Council in writing of the progress he is making in negotiations with the YMCA of the North Shore, 40 Leggs Hill Road, Salem and the Town of Marblehead Highway Department of the timely roadway restoration of Leggs Hill Road including the installation of curbing, a sidewalk and storm water drainage infrastructure. #117 — STATUS OF BOX CULVERT AT LEGGS HILL ROAD Councillor O'Keefe introduced the following Order, which was referred to the Committee on Government Services. ORDERED: That the Salem City Engineer David H. Knowlton advise the City Council in writing, the status of the "box culvert" supporting the Leggs Hill Roadway over the Forest River and plans for its timely replacement/repair. #118 — STORM WATER PIPES AT STATION AND MOFFATT ROAD Councillor O'Keefe introduced the following Order, which was referred to the Committee on Government Services. ORDERED: Salem City Engineer David H. Knowlton advise the City Council in writing of the status of the proposed FY2009 study, design and construction of storm water piping improvements 62 CITY OF SALEM FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL in the Station/Moffatt Roads neighborhood as outlined in the City of Salem Capital Improvement Plan (CIP) Fiscal Year 2008-2012 which has been previously adopted by the City Council. #119 — CITY SUBMIT FOR FUNDING FOR INFRASTRUCTURE REPAIRS FROM THE FEDERAL GOVERNMENT Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services meet to discuss how the City can submit requests for funding infrastructure repair from the Federal Government for street repaving, water, sewer, storm lines etc. and all shovel ready projects. The following be invited representatives from the Mayor's office, DPW, City Engineer and Finance Director. #120 — (#705) - TAKE FROM THE TABLE AN ORDINANCE RELATIVE TO MOORING FEES Councillor O'Keefe introduced the following Order, which was adopted. Councillor Lovely and Sosnowski recused themselves and left the Chamber. ORDERED: Move to take from the table an Ordinance relative to mooring fees. Councillor O'Keefe requested and received unanimous consent to suspend the rules to allow Sgt. Peter Gifford, Harbormaster to speak. Councillor O'Keefe moved that the Ordinance be adopted for first passage. The Ordinance was then adopted for first passage by a roll call vote of 8 yeas, 0 nays, 3 absent. Councillors Ryan, Sargent, Pinto, Pelletier, O'Keefe, McCarthy, Furey and Prevey were recorded as voting in the affirmative. Councillor Veno, Sosnowski and Lovely were recorded as absent. A motion for immediate reconsideration in the hopes it would not prevail was denied. 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: CITY OF SALEM 63 FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL (1) Fee for non-resident mooring $6.00 per foot (2) Fee for resident mooring $3.00 per foot (3) Fee for non-resident slip fee $3.00 per foot (4) 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- (1) Fee for mooring, $6.00 per foot of vessel (2) Fee for slip, $3.00 per foot of vessel Section 2. This ordinance shall take effect as provided by City Charter. Councillors Lovely and Sosnowski returned to the Chamber. #121 — DENSITY BONUSES Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss limits to density bonuses awarded by the Zoning Board of Appeals of 150% or more that it require Council Approval. And that the following be invited, Building Inspector, Board of Appeal members and the City Planner. #122 —AFFORDABLE HOUSING NEW PROJECTS OVER 10 UNITS Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to consider that 10% of all new housing projects of 10 units or more be established as Affordable Housing. And that the following be invited, Mayor or her representative and the City Planner. 64 CITY OF SALEM FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #123 — STATUS OF TRAFFIC CAMERAS Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the current and future status of the traffic cameras. And that the following be invited. Mayor or her representative and Police Chief or his designee. Councillor O'Keefe assumed the Chair #124 — TRIAL PERIOD, STOP SIGN ON OAKLAND STREET Councillor Prevey introduced the following Order, which was adopted. ORDERED: That stop signs be placed at the intersection of Oakland Street and Balcomb Street in both directions for a trial period of 60 days. #125 — COST SAVING MEASURES FOR ASPHALT Councillor Pelletier introduced the following Order, which was adopted. ORDERED: That the City Engineer and Dept. of Public Services Director look into the feasibility of the following programs: • Rehabilitation of all manholes, storm water, sewer water valve covers, including all utilities that have underground utilities such as Verizon, Comcast, National Grid etc., raise brick new concrete and final paving. • Fill asphalt cracks with appropriate asphalt emulsion starting with newly paved streets first etc. • Look to the Town of Braintree on their pothole paving program buying asphalt in late fall to make cookies for our asphalt box for winter repairs saving time and money traveling in winter to obtain asphalt. And that the matter be referred to the Committee on Government Services. CITY OF SALEM 65 FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #126 — TOWING FOR STREET SWEEPING 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 discussing towing for street sweeping, has considered said matter and would recommend that the matter remain in Committee. #127 — REVIEW SUNSHINE 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 discussing the Sunshine Ordinance, has considered said matter and would recommend that a sub-committee be formed to review all aspects of the Sunshine Ordinance, and that the following be appointed as members to the sub-committee- Councillor O'Keefe Councillor Pelletier Elizabeth Rennard, Solicitor Jason Silva, Mayor's Aide Tom Watkins, Mayor's office Jane Guy, Asst. Community Development Director Cheryl LaPointe, City Clerk Joanne Rust, MIS Director Eileen Sacco, Clerk to School Committee #128 — (#93 — 95) 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. 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 66 CITY OF SALEM FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #129 —#129A— (#10) ORDINANCE RELATIVE TO NEWSPAPER RACKS ON SIDEWALKS 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 an Ordinance relative to Newspaper racks on sidewalks, has considered said matter and would recommend that the Ordinance amendment provided by the City Solicitor be adopted for first passage. In the year two thousand and nine An Ordinance to amend an Ordinance relative to newspaper racks on city sidewalks Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 38, Streets and Sidewalks, is hereby amended by adding a new Section as follows- "Sec. 38-23. Newspaper racks on sidewalks. (a) Purpose. The purpose of this legislation is to permit the placement of newspaper racks on public sidewalks, while controlling the inconvenience, interference with pedestrian traffic, vehicular traffic and danger to the public that could be caused by unregulated placement of newspaper racks. (b) Definitions. (1) Newspaper racks are any free or coin operated self-service operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers, periodicals, advertisements or like printed material. (2) The inspectional services director shall include his or her designee. (c) Licensing and Regulation. (1) No person shall install, use or maintain any newspaper rack which in whole or in part rests upon, in or over any public sidewalk, when such installation, use or maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newspaper rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, CITY OF SALEM 67 FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location. (2) It shall be unlawful for any person or entity to install or maintain any newspaper rack upon, in or over any public sidewalk without a valid license issued by the inspectional services director. Any person or entity seeking to install or maintain any newspaper rack shall apply for a license with the inspectional services director. The application shall indicate- (i) The location of each newspaper rack to be installed and/or maintained in the city by the applicant; (ii) The name, address, and telephone number of the applicant; and (iii) The name of the news periodical. If said application is approved, the inspectional services director shall issue a license upon receipt of a $30.00 processing fee. Each license holder shall be given a vendor number and every individual newspaper rack shall be issued a rack number. Both the vendor and rack numbers shall be affixed to the newspaper rack so that it is visible by the public. The inspectional services director may deny an application for a newspaper rack if said newspaper rack will interfere with any activity within a public sidewalk or public way, or if said director determines that the applicant has a history of not maintaining any newspaper rack they currently have located within the city. If the inspectional services director denies an application for newspaper rack in whole or in part due to the proposed location of a newspaper rack, the applicant may amend his/her application to propose an alternative location for the newspaper rack. (3) No newspaper rack shall be chained, bolted or otherwise attached to any property without the permission of the owner or person in possession of the property; newspaper racks may not be chained or otherwise attached to one another; each newspaper rack shall be maintained in a clean, neat and attractive condition, and also shall be in good repair at all times. (4) Every person or entity which maintains a newspaper rack upon a public sidewalk must affix its name, address and telephone number to the newspaper rack in a place where such information is visible. (5) The inspectional services director may revoke a newspaper rack license for violation of this ordinance or for other cause. The revocation of a newspaper rack license may be appealed in writing within seven business days to the city council and a hearing will be scheduled for one of the next two regularly scheduled meetings of the city council. During an appeal period, including the seven business days to file an 68 CITY OF SALEM FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL appeal with the city council, the inspectional services director may not direct the director of public services to remove any newspaper rack, unless such newspaper rack poses a public safety concern with pedestrian movement on a public sidewalk, vehicular traffic on a public way or causes any other hazard. See subsection (8). (6) Each license issued under this ordinance shall continue in force for two years from the date of its issue, unless sooner revoked by the inspectional services director. A license issued under this ordinance may be renewed by the inspectional services director. (7) Every person or entity which places or maintains a newspaper rack on a public sidewalk in the city shall file a written statement with the inspectional services director satisfactory to the city solicitor whereby it agrees to indemnify, protect and save harmless the city and its respective officers, city council members, boards, employees and agents from any and all claims and liability of death and injury to persons or damage to property that may arise from or be directly or indirectly caused by the installation, use, or maintenance of any newspaper rack within the city. (8) The director of public services, at the direction of the inspectional services director, shall remove any newspaper rack which violates this ordinance. Before removal, the inspectional services director shall send a written notice via first class mail to the owner of the newspaper rack demanding removal within ten days from receipt of the notice. No prior notice is required if such newspaper rack poses a public safety concern with pedestrian movement on a public sidewalk, vehicular traffic on a public way or causes any other hazard. Upon removal for such cause, the inspectional services director shall notify the newspaper rack owner through written notice that his or her newspaper rack has been removed and is being stored at the department of public services. (d) Penalties. Any person or entity violating any section of this ordinance shall be punished by a fine not to exceed $50.00 for each and every offense." Section 11. This Ordinance shall take effect as provided by City Charter. CITY OF SALEM 69 FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #130 — (#79) FEE BY THE COLLECTOR FOR WRITTEN DEMANDS Councillor McCarthy 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 the Collector collecting a fee of$15.00 for each written demand issued has considered said matter and would recommend adoption. Councillor Pelletier left the Council Chamber. #131 — (#78) SUM OF $557,550.00 BE REDUCED FROM FY09 BUDGET Councillor McCarthy 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 the sum of$557,550.00 be reduced from the Fiscal Year 2009 list of Budget accounts has considered said matter and would recommend adoption. The matter was adopted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sosnowski, Sargent, Ryan, Pinto, O'Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. Councillors Veno and Pelletier were recorded as absent. #132 — (#69) APPR. TO VARIOUS PUBLIC SERVICES ACCOUNTS Councillor McCarthy 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 the sum of an appropriation in the amount of$20,000.00 from "Retained Earnings —Water Fund" to the following Public Services accounts: $8,000.00 to Water Contracted Services and $12,000.00 to Water Utility Services Repair and Maintenance has considered said matter and would recommend approval. 70 CITY OF SALEM FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #133 — (#75, 76,77) SENIOR CENTER ISSUES Councillor Prevey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee of the Whole to whom was referred the matters of a Purchase and Sale Agreement for the purchase of a condo at the corner of Bridge and Boston Sts. for a new Senior Center, a Community Development Block Grant Application and amendments for the Section 108 Loan, and to declare 5 Broad Street as surplus property has considered said matters and would recommend that the matters remain in Committee. #134 — TRASH CONTRACT AND IMPLEMENTATION OF IT'S REGULATIONS Councillor Prevey offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee of the Whole to whom was referred the matters to review the new Trash Contract and implementation of it's regulations has considered said matter and would recommend that the matters remain in Committee. #135 — HAWC WALK A request from HAWC for use of City Streets to hold a walk on Sunday, April 26, 2009 at 11.00 A.M. was granted. #136 — TAG DAY The application from S.H.S. Football Boosters to hold a tag day on Aug. 22, Oct. 31, and Nov. 21, 2009 was referred to the Committee on Ordinances, Licenses and Legal Affairs. CITY OF SALEM 71 FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL #137 —#138 LICENSE APPLICATIONS The following license applications were granted. LIMOUSINE Salem Car Service, 12 Mt. Vernon St., Salem TAXI OPERATORS Edward Churchill IV, 12 Beverly Hills Ave., Beverly Thomas Morse, 32 Elliott St., Beverly Thomas Clocher, 114 North St., Salem Jose Baez, 76 Palmer St., Salem Kenneth Muise Sr., 6 Parker Ct., Gloucester Lamont Chisholm, 15 Becket St., Salem Thomas Alley, 74 Aborn St., Peabody Jose Lopez, 256 Loring Ave., Salem Camilo Divanne, 113 Loring Ave., Salem Robert Ruest, 6 Dustin St., Peabody Henry Pacheco, 105 Congress St. #4, Salem #139 — CLAIMS The following claim was referred to the Committee on Ordinances, Licenses and Legal Affiars. Ronald DeSantis, 41 Proctor St., Salem (#31) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING WISTERIA STREET Held from the last meeting of February 12, 2009, 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 March 12, 2009. 72 CITY OF SALEM FEBRUARY 26, 2009 REGULAR MEETING OF THE CITY COUNCIL (#73) — SECOND PASSAGE — ORDINANCE AMENDING TRAFFIC, REPEAL HANDICAP PARKING BOSTON STREET The matter of second and final passage of an Ordinance amending Traffic, Repeal Handicap Parking, in front of#83 Boston Street, was then taken up. The Ordinance was adopted for second and final passage. (#81) — SECOND PASSAGE — ORDINANCE RELATIVE TO MARIHUANA (MARIJUANA) IN PUBLIC PLACES The matter of second and final passage of an Ordinance relative to Marihuana (Marijuana) in public places, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor Pinto the meeting adjourned at 9.50 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK