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MINUTES - Regular - 10/22/2009 260 CITY OF SALEM OCTOBER 22, 2009 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 22, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 16, 2009 at 10:45 A.M. Councillor Veno was recorded as absent. Council President Paul Prevey presided. Councillor Sosnowski 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. (#566) – POLE LOCATION ON BROAD STREET Held until the next meeting of November 12, 2009 Order of Verizon and Mass. Electric to relocate one jointly owned pole on Broad Street. #593 – CONDUIT LOCATIONS ON BRIDGE STREET A hearing was held on the Order of Verizon to install seven conduits on Bridge Street. Appearing in favor was Mr. McEnerny the Right of Way Agent for Verizon. There was no one opposed. The hearing was closed. Councillor Sosnowski moved that the permit be granted. It was so voted. #594 – #595 APPT. & REAPPT. OF CONSTABLE The Mayor’s appointment and reappointment of the following as constables with the following terms were received and placed on file. Donald Hurwitz term to expire September 25, 2010 Christopher Chigas term to expire October 3, 2012 Cecilia Cordero term to expire September 18, 2010 261 CITY OF SALEM OCTOBER 22, 2009 REGULAR MEETING OF THE CITY COUNCIL #596 – TRANSFER TO TREASURER-LONG TERM DEBT SERVICE SCHOOL DEFICIT BOND PRINCIPAL The following Order, recommended by the Mayor was referred to the Committee on Administration and Finance. ORDERED: That the sum of Seven Hundred Ten Thousand Dollars ($710,000.00) is hereby transferred from the “HR – Medical Insurance” account to the “Treasurers – Long Term Debt Service School Deficit Bond Principal” account in accordance with the recommendation of Her Honor the Mayor. #597 – PARKING METER ZONES FOR OCTOBER 31, 2009 The following Order, recommended by the Mayor. ORDERED: On October 31 the parking meter zones at the Crombie Street Municipal Lot and Sewall Street Municipal Parking Lot may be reserved for downtown residents. Councillor Pelletier moved to amend that it start on Friday at 4:00 P.M. until Midnight. It was so voted. Adopted as amended as follows: ORDERED: Starting on Friday, October 30, 2009 at 4:00 P.M. until midnight on Saturday, October 31, 2009 the parking meter zones at the Crombie Street municipal lot and Sewall Street municipal parking lot may be reserved for downtown residents. #598 – PROTOCOL FOR ALL BOARDS AND COMMISSIONS Councillor Pinto introduced the following Order, which was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the protocols and procedures of all Boards and Commissions. And that the City Solicitor be invited. #599 – STATUS OF PAPER STREETS Councillor Ryan introduced the following Order, which was adopted. ORDERED: That the Committee on Economic Development meet to discuss status of paper streets and that the Engineering Department provide a list of all the paper streets. 262 CITY OF SALEM OCTOBER 22, 2009 REGULAR MEETING OF THE CITY COUNCIL #600 – POLICE PATROLS IN WITCHCRAFT HEIGHTS ON HALLOWEEN Councillor Ryan introduced the following Order, which was adopted. ORDERED: That the Salem Police Place extra patrols in the Witchcraft Heights neighborhood on Halloween night October 31, 2009. In Honor of Councillor Leonard F. O’Leary who put this Order in for every year of his tenure on the Salem City Council. Councillor O’Keefe assumed the Chair. #601 – COUNCIL MEETINGS FOR THE MONTH OF NOVEMBER AND DECEMBER Councillor Prevey introduced the following Order, which was adopted. ORDERED: That the regular meeting of the City Council, for the month of November and December shall be held on Thursday, November 12, 2009 and Thursday, December 3, 2009. #602 – (#588 - #589) 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. PUBLIC GUIDES: Jacqueline Kamel, 352 Lafayette Street, Salem TAG DAYS: S.H.S. Drama Club, January 30, 2010 #603 – (#548) TRAFFIC ORDINANCE FOR ESSEX & PRESCOTT STREETS 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 Traffic Ordinances for Essex Street and Prescott Street, has considered said matter and would recommend that the request for Resident Sticker Parking for Prescott Street be denied and the 263 CITY OF SALEM OCTOBER 22, 2009 REGULAR MEETING OF THE CITY COUNCIL request for amendments to the Essex Street Resident Sticker Parking Traffic Ordinance remain in committee. #604 – (#328) RESIDENT STICKER PARKING 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 the Resident Sticker Parking Program has considered said matter and would recommend that the City Solicitor review the current Resident Sticker Ordinance for potential revisions such as changes to seasonal residents and make recommendations to the Committee. #605 – (#494) TROLLEYS PICKING UP AT THE MBTA LOT 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 trolley’s picking up commuters at the MBTA lot, has considered said matter and would recommend that the City Solicitor contact the MBTA to determine need for trolleys to have a permit to operate to and from the lot and further recommends that the Solicitor’s opinion and recommendation be followed as outlined below: The trolley employees are not licensed pursuant to Chapter 28, Hawkers, Peddlers, Solicitors or Canvassers, but are allowed to market their tickets at designated spots, such as the Visitors Center, so long as they abide by the following rules: 1. Seller does not yell or harass visitors walking past 2. Seller does not distribute brochures and 3. Seller remains in a designated spot. If the trolley operators do not abide by these rules then they are in violation of Chapter 28 and that action be taken if non-compliance continues. #606 – (#493) ORDINANCE RELATIVE TO OBSTRUCTION OF CITY SIDEWALKS IN THE URBAN RENEWAL DISTRICT Councillor Sargent offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation. 264 CITY OF SALEM OCTOBER 22, 2009 REGULAR MEETING OF THE CITY COUNCIL The Committee on Community and Economic Development to whom was referred the matter of an Ordinance Section 38-7 and 38-8 obstructions on city sidewalks in the urban renewal district, has considered said matter and would recommend that the matter remain in committee. #607 – (#549) TEN YEAR HOMELESSNESS PLAN 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 matter of the Ten Year Homelessness Plan, has considered said matter and would recommend that the matter remain in committee and that Councillors Pelletier, Pinto and Lovely meet with Mayor Driscoll to discuss Ten Year and Five Year Plans and encourage the shelter and the Mission to participate in the plans. #608 – MANUAL SILVA FOR LICENSE FOR LOT 11 ON TINKERS ISLAND Petition from Manuel Silva for a license for lot 11 on Tinkers Island was referred to the Committee on Ordinances, Licenses and Legal Affairs to be taken up on November 17, 2009 at 6:00 P.M. #609 – REQUEST FOR TENT FOR STREGA RESTAURANT Request from Strega Restaurant to put up a tent on sidewalk on October 23-24, 2009 and October 29-31, 2009 was granted. #610 – #612 LICENSE APPLICATIONS The following license applications were granted. TAXI CAB DJ Taxi, 28 Salem Street #3, Salem (1 Cab) TAXI OPERATOR Dijware Sheikhou, 15 ½ Palmer St., Salem VEHICLE FOR HIRE Matthew Zecchino, 5 Apple Road #11, Beverly OPERATORS ONLY Brian Schatz, 255 Northampton St., Boston 265 CITY OF SALEM OCTOBER 22, 2009 REGULAR MEETING OF THE CITY COUNCIL #613 – BOND The following bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE: Donald Hurwitz, 5 Marion Road, Marblehead #614 – REAPPOINTMENT OF CHERYL A. LAPOINTE AS CITY CLERK FOR A TERM TO EXPIRE NOVEMBER 9, 2012 The matter the reappointment of Cheryl A. LaPointe as City Clerk with a term to expire November 9, 2012, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillor 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 Prevey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. (#578) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, DUNLAP STREET The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, Limited Time, Dunlap Street, was then taken up. The Ordinance was adopted for second and final passage. (#576) – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, READ STREET The matter of second and final passage of an Ordinance amending Traffic, Section 50B, Handicap Parking, Limited Time, Read Street, was then taken up. The Ordinance was adopted for second and final passage. (#575) – ORDINANCE AMENDING TRAFFIC, REPEAL HANDICAP PARKING, WARD STREET The matter of second and final passage of an Ordinance amending Traffic, Section 50B, repeal Handicap Parking, Limited Time, Ward Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O’Keefe the meeting adjourned at 8:55 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK