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MINUTES - Regular - 9/10/2009 222 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 10, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 3, 2009 at 4:12 P.M. Councillor Prevey was recorded as absent. Council President Joseph O’Keefe presided. Councillor Furey moved to dispense with the reading of the record of the previous meeting. It was so voted. President O’Keefe requested that everyone please rise to recite the Pledge of Allegiance. (#393) – POLE LOCATION ON DALTON PARKWAY FROM NATIONAL GRID Held from the last meeting from National Grid to relocate a pole on Dalton Parkway. The Petition was withdrawn by National Grid. #474 – APPT. OF DEBORAH JACKSON AS THE ASSESSOR The Mayor’s appointment of Deborah Jackson to serve as the Director of Assessing with a term to expire January 31, 2011, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, McCarthy, Lovely, O’Keefe, and Furey were recorded as voting in the affirmative. Councillor Prevey was recorded as absent. Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Ms. Jackson to speak. Councillor Veno requested that a City Seal be sent to Frank Kulik. It was so voted. 223 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL #475 – APPT. OF WILLIAM HANGER TO SERVE AS WINTER ISLAND MANAGER The Mayor’s appointment of William Hanger to serve as the Winter Island Manager with a term to expire January 31, 2010, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, McCarthy, Lovely, O’Keefe, and Furey were recorded as voting in the affirmative. Councillor Prevey was recorded as absent. Councillor Veno requested and received unanimous consent to suspend the rules to allow Mr. Hanger to speak. Councillor Furey requested that a City Seal be sent to Charlie Arnold It was so voted. #476 - #477 CONSTABLES The Mayor’s appointment and reappointment of the following to serve as Constables was received and placed on file. Leo Jacobs, 130 Highland Ave. #2, Salem Term to Expire: July 15, 2010 Ilya Kotov, 505 Paradise Rd., Swampscott Term to Expire: July 11, 2011 Ronald Ledwell, 36 Vernon St., Weymouth Term to Expire: June 10, 2010 John Massa, 96 Woodland South, Lynn Term to Expire: August 8, 2012 Donald Famico, 74 Proctor St., Salem Term to Expire: August 11, 2011 Pasquale DeFeo, Jr., 84 Trevalley Rd., Revere Term to Expire: September 8, 2012 #478 – APPR. FOR TRAFFIC ANALYSIS The following Order, recommended by the Mayor was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated to the “Capital Outlay Renovations & Repairs” to be expended for a traffic analysis by the Engineering Department in accordance with the recommendation of Her Honor the Mayor. 224 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL #479 – APPR. FOR PICKMAN PARK BASKETBALL COURT The following Order, recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated to the “Capital Outlay Renovations & Repairs” to be expended for the repair of Pickman Park Basketball Court by the Recreation Department in accordance with the recommendation of Her Honor the Mayor. #480 – APPR. TO CEMETERY - BURIAL 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 “Receipts Reserved – Sale of Vaults” account to the “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor. #481 – ACCEPT GIFT FOR PILOT PROGRAM “SEPTEMBER SALEM DAYS AT THE MUSEUM” The following Order, recommended by the Mayor was adopted. ORDERED: That the City of Salem hereby accepts a gift of up to One Hundred and Thirty Two Thousand Dollars ($132,000.00) from the Read Family Charitable Trust for the purpose of funding a three year pilot program entitled “September Salem Days at the Museum,” which shall provide free admission to all Salem residents to the Museum of Science Exhibit Halls and Omni IMAX Theater in Boston, Massachusetts. #482 – ACCEPT DONATION FOR PLAYGROUND AT SALEM COMMON The following Order, recommended by the Mayor was adopted. ORDERED: To accept the donation from the parents United Group of Salem in the amount of Thirty Thousand Dollars ($30,000.00) to fund the new playground at the Salem Common. These funds will be deposited into the Park & Recreation Donation Fund in accordance with the recommendation of Her Honor the Mayor. 225 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL #483 – ACCEPT DONATIONS TO SPONSOR 2009 FOURTH OF JULY EVENTS The following Order, recommended by the Mayor was adopted. ORDERED: To accept the following donations to sponsor 2009 Fourth of July event and festivities LM Holdings 500.00 Hot Apple Buns (Food vending income) 1,960.00 The Salem Witch Museum (HH) 1,900.00 Tache Auctions and Sales 3,000.00 Tinti, Quinn, Grover & Frey 250.00 Witch Dungeon Museum 300.00 Bill & Bob’s Roast Beef 1,000.00 Beverly National Bank 500.00 _______ Total $9,410.00 #484 – LETTER FROM MAYOR REGARDING DONATION FROM AGGREGATE INDUSTRIES The following letter by the Mayor was adopted. September 10, 2009 Honorable Salem City Council Salem City Hall Salem, MA 01970 Re: Aggregate Industries, Inc. Serve the Community Ladies and Gentlemen of the Council: Once again this year, Aggregate Industries, Inc. has engaged in community service projects that have greatly benefitted the City. As you may have notices, the Blaney Street Ferry Landing was in desperate need of attention and repair. The parking lot was filled with large divots and potholes making it difficult for vehicles and pedestrians to safely navigate the site. Due to its deteriorating condition, the lot was also collecting large amounts of water after heavy rain. At Salem Willows Park, the access road utilized by City vehicles was also in disrepair with deep tire tracks and an extremely uneven surface. It also was unsightly and unusable during stormy conditions. 226 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL Last month, Aggregate Industries, Inc. made available a road grader to help create a flat surface at the Blaney Street parking lot. An Aggregate employee operated this piece of equipment during a two-day period. During this same time, work was performed on the access road at Salem Willows as well. In all, 200 tons of lynn pac material was donated free of charge to the City. Aggregate Industries, Inc. ought to be recognized for their continued generosity and commitment to the City of Salem. We have greatly benefitted from it. Very truly yours, Kimberley Driscoll #485 – INCREASE THE FY2010 STICKER PROGRAM The following Order, recommended by the Mayor was referred to the Committee on Administration and Finance. ORDERED: That the City of Salem vote, pursuant to the provisions of Massachusetts General Law Chapter 44, Section 53E ½ to authorize the increase in the FY2010 Sticker Program to Twenty-Five Thousand Dollars ($25,000.00) to help offset costs for the Household Hazardous Waste Day. Expenditures from said funds shall not exceed the amount of funds received in the respective accounts or as authorized as stated, shall come from any funds received by the respective boards for performing services, shall be used solely for the purpose of implementing the programs delineated and shall be approved by a majority vote of any respective boards in accordance with the recommendation of Her Honor the Mayor. #486 – REDUCE RATE OF INTEREST ON PROPERTY TAXES DEFERRED BY ELIGIBLE SENIORS The following Order, recommended by the Mayor was referred to the Committee on Administration and Finance. ORDERED: That the City of Salem reduces, the rate of interest that accrues on property taxes deferred by eligible seniors under Mass. General Law Chapter 59, Section 5, clause 41A from 8% to 4.5% with such reduced rate to apply to taxes assessed for any fiscal year beginning on or after July 1, 2010. 227 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL #487 – JOINT MEETING WITH SCHOOL COMMITTEE REGARDING PLAN TO CONSTRUCT NEW ESSEX NORTH SHORE AGRICULTURAL AND TECHNICAL SCHOOL The request by the Mayor to schedule a joint meeting with the School Committee to discuss the plan to construct a new state of the art $133.7 million Essex North Shore Agricultural and Technical School that would merge the Essex Agricultural School and the North Shore Technical High School, was referred to the President of the City Council to work with the Mayor to schedule a meeting with the Salem School Committee. #488 – APPLICATION OF FIESTA SHOWS FOR A CARNIVAL IN OCTOBER The application submitted by the Mayor for Fiesta Shows to hold a small carnival October 16, 2009 through November 2, 2009, was granted. #489 – NAMING OF THE BY-PASS ROAD EDWARD M. KENNEDY Councillor Veno introduced the following Order, which was referred to the Committee of the Whole. ORDERED: That the Committee of the Whole meet to consider naming the bypass road the Edward M. Kennedy riverway. #490 – CLOSING SCHOOLS ON ELECTION DAY Councillor Pelletier introduced the following Order, which was adopted. ORDERED: That the Mayor and School Superintendent meet with the Committee of the Whole in regards to school closing during Primary and Election day in 2010, and to get an update on surrounding cities and towns Teacher Education Day’s. #491 – SAFETY ISSUES AT THE SALEM WILLOWS Councillor McCarthy introduced the following Order, which was adopted. ORDERED: That the Committee of Public Health, Safety and Environment meet to discuss the issue of safety in the Willows, specifically the possibility of installing cameras in the park and waterfront. The following be invited, the Police Chief or his representative, the Finance Director or his representative and the Mayor or her representative. 228 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL #492 – REVIEW PSYCHIC LICENSING ORDINANCE Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the matter of the Psychic Licensing Ordinance be referred to the Committee on Ordinances, Licenses and Legal Affairs for its further review and the following be invited, Licensing Board, Solicitor Rennard, Doug Bollen Director of Park, Recreation & Community Services. #493 – MEET TO DISCUSS THE SIDEWALK ORDINANCE Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the matter of Salem Ordinance Section 38-7 and 38-8 obstructions of city sidewalks in the Urban Renewal District be referred to the Committee on Community and Economic Development co-post with the Committee of the Whole for its review and the following be invited, Salem Redevelopment Authority, Planner Lynn Duncan, Solicitor Elizabeth Rennard, Commission on Disabilities. Further that the matter be co-posted with the Committee of the Whole. #494 – COMMUNICATION FROM POLICE TRAFFIC REGARDING TROLLEYS AT THE MBTA LOT Councillor Lovely introduced the following Order, which was adopted. ORDERED: That the enclosed communication from Police Traffic regarding trolleys picking up commuters at the MBTA lot be referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole for further review and study. And that the Taxi Cab companies be invited. #495 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, BELLEAU ROAD Councillor Lovely 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, Chapter 42, Section 50B, “Handicap Parking, Limited Time” 229 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Belleau Road, in front of #7, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. #496 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, BOARDMAN STREET Councillor Sosnowski 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, Chapter 42, Section 50B, “Handicap Parking, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Boardman Street, in front of #23, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. #497 – MONTHLY FINANCIAL REPORT DATED JULY 31, 2009 Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Monthly Financial Report dated July 31, 2009, be received and placed on file. #498 – YEAR TO DATE BUDGET REPORT DATED JUNE 30, 2009 Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report dated June 30, 2009, be received and placed on file. 230 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL #499 – YEAR TO DATE BUDGET REPORT DATED JULY 31, 2009 Councillor Veno introduced the following Order, which was adopted. ORDERED: That the Year to Date Budget Report dated July 31, 2009, be received and placed on file. #500 – ORDINANCE TRAFFIC, RESIDENT STICKER PARKING BARTON STREET Councillor Sosnowski 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, Chapter 42, Section 75, “Resident Sticker Parking” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Barton Street, both sides, in its entirety, “Resident Sticker Parking, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter #501 – RESOLUTION – SALEM MISSION (ST. MARY’S ITALIAN CHURCH) Councillor Lovely introduced the following Resolution which was adopted by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy and Lovely were recorded as voting in the affirmative. Councillor Furey was recorded in the negative. Councillor Prevey was recorded as absent. Councillor Lovely moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. RESOLUTION WHEREAS: The Salem Mission is a welcome member of the Salem community supported by and large by its neighbors and residents in its quest to end homelessness; and 231 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL WHEREAS: The Salem Mission purchased St. Mary’s Italian Church, the Youth Center, the Rectory, and an adjacent apartment building, with the intent and plan to house the Shelter and supportive services in the Youth Center, to rehabilitate the Rector and apartment building to transitional housing for its clients; and to preserve the building known as St. Mary’s Italian Church; and WHEREAS: The Salem Mission, with the support of its neighbors and the community at large, was successful in its plans to rehabilitate said structures and is successfully operational today; and WHEREAS: The Salem Mission, through its former Executive Director Rev. Linda Reilly and President Andrew Oliver, have gone on public record at City Council meetings and neighborhood meetings, as well as via a letter, stating the church would be forever preserved in it’s current state and no housing would ever be permitted; and WHEREAS: Over one hundred residents attended each; of the City Council meetings as well as many residents attending numerous neighborhood meetings, and all unanimously spoke in favor of the church building being preserved for a use other than housing; and WHEREAS: The Salem Mission is now moving forward with its plans to convert St. Mary’s Italian Church to 20 units of housing, including removal of the Bavarian stained glass windows and marble artifacts, and covering most of the hand painted murals and frescos inside, all in contradiction of its public promises to preserve the church building. BE IT THEREFORE RESOLVED, that the Salem City Council respectfully requests that the Salem Mission adhere to its original public promises to preserve St. Mary’s Italian Church; the City Council further respectfully requests that the Salem Mission’s plans to convert the church to housing be abandoned to give the Salem City Council, Administration, Salem Mission Board of Directors, its Executive Director, the opportunity to work collaboratively to identify alternatives to this plan while supporting the Salem Mission’s plan to expand its transitional housing in its quest to end homelessness. AND BE IT FURTHER RESOLVED, that a copy of this Resolution be made a matter of public record and that it be forwarded respectively to Congressman John F. Tierney, State Senator Frederick Berry, State Representative John Keenan, Massachusetts Historical Commission and Department of Housing and Community Development for their respective review and deliberation. Respectfully submitted in City Council September 10, 2009 232 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL #502 – (#87) – VEHICLES BLOCKING DRIVEWAY ON LAFAYETTE STREET Councillor Lovely 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 vehicles blocking driveway at #183-183A Lafayette Street has considered said matter and would recommend that the proposed site plan lay-out submitted by Al Prime Energy Inc., of 175 Lafayette Street be submitted to the full Council and that the matter be favorably discharged from Committee. #503 – (#369) – CITY’S NOISE ORDINANCE Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of the City’s Noise Ordinance has considered said matter and would recommend that the Council authorize the establishment of a “Focus Group” to meet and review the Noise Ordinance and report its findings and recommendations back to the Committee on Ordinances, Licenses and Legal Affairs. And that the Focus Group be composed of the following as members: Solicitor, Mayor’s representative, Police Chief or his designee, representative of the Chamber of Commerce, representative of the Licensing Board, representative of the Downtown Neighborhood Association, limited number of musicians, limited number of representatives of the owners/operators of Ward 1, Ward 2 and Ward 3. And that the meetings be scheduled on Thursday evenings at 6:00 PM in the Council Chamber on the first and third Thursday of each month. And that Mayor Driscoll be asked to provide a person to record minutes of all meetings and prepare agendas. #504 – (#394) – APPOINTMENT OF KEMITH LEBLANC TO THE BOARD OF HEALTH Councillor McCarthy offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Veno, Sargent, Ryan, Pelletier, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. Councillors Sosnowski and Pinto were recorded as voting in the negative. Councillor Prevey was recorded as absent. Councillor Pelletier moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. 233 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL The Committee on Public Health, Safety and Environment to whom was referred the matter of the appointment of Kemith LeBlanc to the Board of Health has considered said matter and would recommend that the expiration date of the appointment of Kemith LeBlanc be amended to the first Monday in February 2012 and that the appointment be confirmed by a roll call vote. Councillor McCarthy requested and received unanimous consent to suspend the rules to allow Ms. LeBlanc to speak. Councillor Pinto requested that a city seal be sent to Paulette Puleo. #505 – (#34, #35) – LOCAL AID AND STIMULUS SPENDING Councillor Veno 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 reduction in Local Aid and Stimulis spending has considered said matter and would recommend that both matters be reported out of committee without a recommendation. #506 – (#65, #329) – STATUS OF SZETELLA LANE AND REVIEW OF FEES Councillor Veno 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 status of Szetella Lane and review of fees has considered said matter and would recommend that meetings will be scheduled for the next standing meeting and that the Solicitor be invited on Szetella Lane issue. #507 – (#432) – APPOINTMENTS TO THE BOARD OF HEALTH Councillor McCarthy offered the following report for the Committee on Public Health, Safety and Environment. A question was raised as to the expiration dates. Councillor Lovely moved to divide the question. It was so voted. The Committee on Public Health, Safety and Environment to whom was referred the matter of an appointment of Martin Fair has considered said matter and would recommend that the appointment be granted with the amendment of his expiration date of February 2011. It was 234 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL adopted by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Veno, Sosnowski, Sargent, Reyan, Pelletier, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. Councillor Pinto was recorded in the negative. Councillor Prevey was recorded as absent. The Committee on Public Health, Safety and Environment to whom was referred the matter of an appointment of Dr. Barbara Poremba has considered said matter and would recommend that the appointment be granted with the amendment of his expiration date of February 2012. It was adopted by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Veno, Sosnowski, Sargent, Reyan, Pelletier, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. Councillor Pinto was recorded in the negative. Councillor Prevey was recorded as absent. Councillor McCarthy moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #508 – (#344) – UNREGISTRED VEHICLES AT 47 ROSLYN STREET Councillor McCarthy offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation. The Committee on Public Health, Safety and Environment to whom was referred the matter of unregistered vehicles at 47 Roslyn Street has considered said matter and would recommend that the matter remain in committee and review the ordinance. #509 - POLE LOCATION AT LORING AVENUE AND LINDEN STREET A hearing was ordered on the petition from National Grid to install a pole at the intersection of Loring Avenue and Linden Street. #510 – CONDUIT ON BAY VIEW AVENUE A hearing was ordered on the petition from National Grid for a conduit on Bay View Avenue. #511 – POLE LOCATION SWAMPSCOTT ROAD A hearing was ordered on the petition from National Grid to install a pole on Swampscott Road. 235 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL #512 – NORTH SHORE MEDICAL CENTER CANCER WALK The request from North Shore Medical Center to hold their annual Cancer Walk and the closing of Derby and Lafayette Sts. on June 20, 2010 was granted. #513 – BLOCK PARTY FOR MOFFATT ROAD The request from the residents of Moffatt Road to hold a block party on Saturday, September 12, 2009 with a rain date of September 13, 2009 was granted. #514 – BLOCK PARTY FOR ORCHAD STREET The request from the residents of Orchard Street to hold a block party on Saturday, September 19, 2009 was granted. #515 – BLOCK PARTY FOR LEE STREET The request from the residents of Lee Street to hold a block party on Saturday, September 19, 2009, with a rain date of Sunday, September 20, 2009 was granted. #516 – BLOCK PARTY FOR PURITAN ROAD The request from the residents of Puritan Road to hold a block party on Saturday, September 19, 2009, with a rain date of Sunday, September 20, 2009 was granted. #517 – CITYCONNECT, INC. PETITION FOR STREET LICENSE WITH STOP The petition from CityConnect, Inc., 35 Eldon St., Boston, for a street license with a stop was granted as submitted with the amendment that Salem Police Department locate an alternative terminus to deal with special events. 236 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL #518 - #519 – LICENSE APPLICATIONS The following license applications were granted. TAXI OPERATOR Kevin Cuqua, 31 Fordman St., Arlington Jody Bottari, 52 Harbor St., Salem Juan Morenta, 120 Bridge St., Salem Luis Roman, 95 Cottage St., Lynn, MA VEHICLE FOR HIRE Joshua Carpenter, 48 Lexington St. #2, Lynn OPERATORS ONLY John Sauvangeau, 9 Pickering Way $3, Salem #520 – VEHICLE FOR HIRE APPLICATION The following vehicle for hire license application was granted VEHICLE FOR HIRE Salem Pedicab, 7 N. Pine St., Salem (3 Pedicabs) #521 – TAXI OPERATOR LICENSE APPLICATION The following license application was denied. TAXI OPERATOR Thomas B. Perkins, 95 Flint St., Lynn #522 – HEARING REQUEST ON DENIED LICENSE The request for hearing from Thomas Perkins on the denial of his Taxi Operator License was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session on September 24, 2009. #523 – #525 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PUBLIC GUIDES: Dominic Lavorante, 171 Loring Ave, Salem Amy Al-Nanulsi, 512 Broughton Dr., Beverly Raymond Roberge, 414 Lafayette St., #1,Salem 237 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL PUBLIC GUIDES Tara Ann Fritz, 79 Old Upton Rd., Grafton CONTINUED Laurie Stathopoulos, 125 Essex St., Salem Eric Jenney, 69 Crafts Rd., Gloucester Erica Sastre, 353 Sasapequan Rd., Fairfield, CT Kayla Richards, 6 Holly St. #1R, Salem Jim McAllister, 86 Federal St., Salem Kylie Pasternak, 2061 Highland Ave., Fall River TAG DAYS: S.H.S. Girls Soccer, September 27, 2009 & October 18, 2009 S.H.S. Gymnastics Team, November 28, 2009 & January 16, 2010 #526 - #534 - CLAIMS The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Jerrilyn Masters, 198R Elliott St., Danvers Patricia Evitts, 107 Foster St., #106, Peabody Ronald Harris, 1051 Urlin Ave., Columbus, OH Jo Tyler, 14 Buchanan Rd., Salem Shirley Sterman, 256 Atlantic Ave., Marblehead Allison Austin, 22 Oak View Ave., Salem Nancy Silverstein, 28 Darling St. #3, Marblehead James Sacco, 14 Dunlap St., Salem Michael Jaros, 244 Lafayette St. #1, Salem #535 – BOND The following bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE Leo Jacobs, 130 Highland Ave #2, Salem (#454) – ORDINANCE AMENDING TRAFFIC , HANDICAP PARKING LAFAYETTE STREET The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, Limited Time, Lafayette Street westerly side, was then taken up. The Ordinance was adopted for second and final passage. 238 CITY OF SALEM SEPTEMBER 10, 2009 REGULAR MEETING OF THE CITY COUNCIL (#455) – ORDINANCE AMENDING TRAFFIC, SERVICE ZONE, LAFAYETTE STREET The matter of second and final passage of an Ordinance amending Traffic, Section 13, Service Zone, Lafayette Street, was then taken up. The Ordinance was adopted for second and final passage. (#275) – ORDINANCE RECODIFICATION OF CITY’S ZONING The matter of second and final passage of an Ordinance Re-Codification of the City’s Zoning Ordinances, was then taken up. Councillor Sosnowski offered the following amendments: 1. Under A. Residential Uses, Planned Unit Development, delete the “N” under BPD and replace it with “Y” 2. Under D. Industrial Uses, delete the third line where the use is blank 3. Under C. Commercial Uses/Museum delete the “N” under BPD 4. Under E. Accessory Uses/Rooming and Boarding not more than 2 persons, delete the “Y” under RC and under R1 th 5. 6.7.6 Sec. 12 Drive Through – delete 3 and an “a” in the 4 sentence 6. 6.7.6 Sec. 12 last sentence after 20 feet add the word wide. Amendments adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. Councillor Prevey was recorded as absent. Councillor Sosnowski moved for adoption for second and final passage as amended by roll call vote. Second and final passage was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely and Furey were recorded as voting in the affirmative. Councillor Prevey was recorded as absent. Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. On the motion of Councillor McCarthy the meeting adjourned at 10:08 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK