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MINUTES- 10-14-2010

A Regular Meeting of the City Council was held in the Council Chamber on Thursday,

October 14, 2010 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of
this meeting was posted on October 7, 2010 at 5:26 P.M.  This meeting is being taped and is

live on S.A.T.V.
        
               All Councillors were present.

               Council President McCarthy presided.

        Councillor Sargent moved to dispense with the reading of the record of the previous meeting.
        It was so voted.

       President McCarthy requested that everyone please rise to recite the Pledge of Allegiance.

       Councillor McCarthy asked for suspension of the rules to allow Chief Cody and the Mayor for the swearing in of Firefighters and newly promoted Lieutenant. No objections.

        Chief Cody welcomed everyone and thanked the Council for allowing the new firefighters and newly promoted firefighter to be sworn in and thanked Mayor Driscoll.

        Sworn in were Lt. Keith Pelletier, firefighters Michael Edge, Benjamin Potvin, Christopher Palamera and Patrick Finnemore.

        Councillor Pelletier requested a five minute recess. No objections.

        Councillor Lovely moved to take out of order the under Mayors Informational Page and suspension of the rules to allow the Mayor to give an update on the Salem Waterfront projects.


Councillor Lovely assumed the Chair


#558 – REAPPOINTMENT OF DAVID HART TO HISTORIC DISTRICT COMMISSION

        The Mayor’s reappointment of David Hart to the Historic District Commission with a term to expire on June 1, 2011, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative.


#559 – TRANSFER FROM HUMAN RESOURCES – COLLECTIVE BARGAINING RESERVE TO VARIOUS DEPARTMENTS

        The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.

        ORDERED: That the sum of Five Hundred and Ninety-One Thousand Six Hundred and Eighty-Six dollars and Five cents ($591,686.05) is hereby transferred from the “Human Resources  - Collective Bargaining Reserve” account to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.

Assessor                        FT Salaries                                     1,011.46
                                AFSCME stipend                             340.00

City Clerk                      FT Salaries                                     1,840.65
                                AFSCME stipend                             600.00

Elections & Registration        FT Salaries                                         624.11
                                AFSCME stipend                              200.00

Collector                       FT Salaries                                     1,838.97
                                AFSCME stipend                             600.00

Council on Aging                FT Salaries                                        624.11
                                AFSCME stipend                             200.00

Electrical                      FT Salaries                                     2,718.36
                                AFSCME stipend                             800.00

Finance/Auditing                FT Salaries                                        624.11
                                AFSCME stipend                             200.00

Fire                            FT Salaries                                     4,060.72
                                AFSCME stipend                          1,200.00

Health                  FT Salaries                                     3,571.66
                                AFSCME stipend                          1,000.00

Library                 FT Salaries                                        615.51
                                AFSCME stipend                             200.00

Licensing Board         FT Salaries                                        624.11
                                AFSCME stipend                             200.00

Recreation                      FT Salaries                                        624.11
                                AFSCME stipend                             200.00

Golf Course                     FT Salaries                                     1,257.60
                                AFSCME stipend                             400.00

Parking Dept.           FT Salaries                                     3,433.41
                                AFSCME stipend                          1,400.00

Police                          FT Salaries                                     1,288.86
                                AFSCME stipend                             400.00

Public Prop-Insp                FT Salaries                                     1,248.22
                                AFSCME stipend                             400.00

Public Services         FT Salaries                                      16,944.74
                                AFSCME stipend                             5,076.00

Purchasing                      FT Salaries                                        624.11
                                AFSCME stipend                             200.00

Treasurer                       FT Salaries                                     1,248.22
                                AFSCME stipend                             400.00

Trash-Engineering               FT Salaries                                        166.01
                                AFSCME stipend                               60.00

School Teachers         School Collective Bargaining                    437,823.00

School Para’s           School Collective Bargaining                              49,690.00

School AFSCME           School Collective Bargaining                              45,108.00

Total General Fund                                                              591,686.05



#560 – RESCIND $50,000.00 FROM CAPITAL OUTLAY – RENOVATIONS & REPAIRS

        The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.

        ORDERED: That the sum of Fifty-Thousand Dollars ($50,000.00) be rescinded from the “Capital Outlay – Renovations & Repairs” account originally appropriated for the Analysis of the Collins and Saltonstall School Buildings Envelope in accordance with the recommendation of Her Honor the Mayor.



#561 – APPR. OF $50,000.00 FROM CAPITAL OUTLAY – EQUIPMENT TO PURCHASE A TRUCK FOR THE SCHOOL BUILDING DEPARTMENT

        The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.

        ORDERED: That the sum of Fifty-Thousand Dollars ($50,000.00) is hereby appropriated within the “Capital Outlay - Equipment” account to be expended for the purchase of a truck for the School Building Department in accordance with the recommendation of Her Honor the Mayor.


#562 – APPR. FROM RETIREMENT STABILIZATION FUND – VACATION/SICK LEAVE BUY BACK FOR RETIREMENT OF JOHN JODOIN OF 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 Forty-Eight Thousand, Three Hundred and Six dollars and Seventy-five cents ($48,306.75) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick leave buyback” account to be expended for the retirement buyback of John Jodoin of the Police Department in accordance with the recommendation of Her Honor the Mayor.


#563 – APPR. FROM CAPITAL OUTLAY- RENOVATIONS & REPAIRS FOR FLOOD DAMAGE TO PARKING GARAGE

        The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.

        ORDERED: That the sum of Fifteen Thousand Seventy-Seven Dollars and Forty-Seven cents ($15,077.47) is hereby appropriated within the “Capital Outlay – Renovations & Repairs” account to be expended for the repair of the flood damage in the Parking Garage in accordance with the recommendation of Her Honor the Mayor.


#564 – MAYOR REQUESTING OPPORTUNITY TO UPDATE COUNCIL ON WATERFRONT PROJECTS

        The following letter from Mayor Driscoll requesting an opportunity to update the City Council on the status of several waterfront initiatives, and discuss the status of the Salem Wharf project, dredging of the South River Channel and the Master planning process for Winter Island. This was taken up at the beginning of the meeting.


Kimberley Driscoll
Mayor

                                                October 14, 2010


Honorable Salem City Council
93 Washington Street
Salem, MA  01970

Ladies and Gentlemen of the Council:

I am writing to update you on the status of several waterfront initiatives and to request an opportunity to attend your upcoming meeting to review and discuss the status of the Salem Wharf project, the dredging of the South River Channel, and the start of the Master Planning Process for Winter Island.

As you may recall, in January, 2008, the City adopted an updated Harbor Plan for submission to the State Executive Office of Environmental Affairs (EOEA).  The Harbor Plan was updated following several months worth of meetings of a fourteen member working group that was charged with developing a long term vision for the waterfront area from Palmer Cove to Winter Island.  Following local approval by the City Council, the plan was approved by EOEA and the City began work on implementation of many of the initiatives contained within this document.  The Salem Wharf construction, the South River dredging and the Winter Island rehabilitation projects are all included in the Harbor Plan.  

Salem Wharf Project
As you may recall, the proposed Salem Wharf project entails the build out of a multi-modal pier at Blaney Street that can accommodate ferry service, cruise ships and varied commercial enterprises.  This vision began with the work of the Salem Partnership many years ago, but came into fruition with the start of the Salem Ferry operation, something that would not have been possible without grant funding from the Seaport Council and the approval by the Salem City Council in 2006.  Fast forward four years later, and the City is poised to acquire the Blaney Street parcel from Dominion for $1.7 million dollars and begin build out of the first phase of the Salem Wharf project, something that will enable us to improve the aesthetics of the site and seriously enhance our opportunities to attract regular cruise ship

travel to this port.  At present, we have secured approximately $3.5 million dollars in state and federal grants to help build out the Salem Wharf port for both ferry and cruise passengers.  In particular, this Spring we expect to be able to bring utilities to the site, pave the lot, extend the pier, make seawall repairs and improve the general look and feel of the site.  Obviously, it’s very good news to be able to get started on a project that offers so many economic and quality of life benefits to the residents Salem.

South River Project
The South River Walkway, completed earlier this year, allows passersby to enjoy a stroll along the South River, our closest downtown access way to the harbor.  As part of MGL Chapter 91 requirements, the walkway will soon be extended by private property owners along the Derby Street side at the Hess Gas Station.   As development continues, the walkway will ring the channel.  In order to improve boat traffic both along and at the entryway to the South River, the City has initiated plans to dredge the South River area.  

This is consistent with the City’s Harbor Plan and would enhance the channel for use by boaters and others, from water taxi service to transient slip and dock space, and also enable larger vessels (Tall Ships like the Friendship) the draft they need to navigate in and out of the Derby Wharf area.   The City is preparing to begin the permitting process by submitting an Environmental Notification Form (ENF). The latest round of grant funding will enable the City to finalize engineering plans and continue the  permitting process for dredging in this historic channel area.

Winter Island Master Plan
A former Coast Guard Station, Winter Island offers an abundance of amenities to waterfront enthusiasts, including a pier, boat ramp, boat storage, and a host of recreational offerings.  The City has taken small steps to secure the buildings on site and received grant funding to review their feasibility for re-use, but to date no long term planning has been commenced until now.  With a federal grant in hand, the City has advertised a Request for Proposals and formed a working group comprised of key stakeholders to work with an engineering/design firm on developing a sustainable plan for this incredible Salem gem, including potential short and long term options for re-use of the existing buildings, programming of site amenities and a general vision for the site.  We are very excited about the start of this long overdue planning phase and look forward to the chance to enhance this key recreational jewel.

With so many opportunities on the horizon related to waterfront revitalization, I would appreciate a chance to update the Council in greater detail about these items.  I look forward to making a brief presentation at Thursday’s meeting and hearing your thoughts and ideas as these initiatives advance.


                                                Very truly yours,
                                                Kimberley Driscoll
                                                Mayor



#565 – ORDINANCE TRAFFIC HANDICAP PARKING BUTLER STREET

        Councillor Ryan introduced the following Ordinance, which was adopted for first passage.

        In the year two thousand and ten

        An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicapped Zones, Limited Time”

        Be it ordained by the City Council of the City of Salem, as follows:

        Section 1. Butler Street in front of #71, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone.”

        Section 2. This Ordinance shall take effect as provided by City Charter.



#566 – MEET TO DISCUSS ALL FINANCIAL TRANSACTIONS

        Councillor Prevey introduced the following Order, which was adopted.

        ORDERED: That the Committee on Administration and Finance meet to discuss all financial transactions reflected in our Monthly Financial Reports, as well as the Year to Date Budget Reports. And that the Committee meet with the Finance Director, his assistant, the Mayor’s Aide, or any department head in connection with any or all transactions or matters reflected in the aforementioned reports. Also invite the School Business Manager.


#567 – CITY COUNCIL MEETINGS FOR MONTHS OF NOVEMBER & DECEMBER

        Councillor McCarthy introduced the following Order, which was adopted.

        ORDERED: That the regular meetings of the City Council, for the months of November and December shall be held on Thursday, November 18, 2010 and Thursday, December 9, 2010.



#568 – YEAR TO DATE BUDGET REPORT DATED SEPTEMBER 30, 2010

        Councillor Prevey introduced the following Order, which was referred to the Committee on Administration and Finance.

        ORDERED: That the Year to Date Budget Report dated September 30, 2010, be received and placed on file.


#569 – ELECTION ORDER

        Councillor McCarthy introduced the following Order, which was adopted.

CITY OF SALEM
ELECTION ORDER
STATE ELECTION
                                                        In City Council October 14, 2010


ORDERED:  That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter on Tuesday, November 2, 2010 for the purpose of casting votes in the State Election for the candidates of political parties for the following Offices and Questions:


       GOVERNOR AND LT. GOVERNOR……………………………….. FOR THIS COMMONWEALTH
       ATTORNEY GENERAL……………………………………………… FOR THIS COMMONWEALTH
       SECRETARY OF STATE……………………………………………..FOR THIS COMMONWEALTH
       TREASURER…………………………………………………………. FOR THIS COMMONWEALTH
       AUDITOR……………………………………………………………… FOR THIS COMMONWEALTH
       REPRESENTATIVE IN CONGRESS, SIXTH CONGRESSIONAL DISTRICT
       COUNCILLOR, FIFTH COUNCILLOR DISTRICT
       SENATOR IN GENERAL COURT, SECOND ESSEX DISTRICT
       REPRESENTATIVE IN GENERAL COURT, SEVENTH ESSEX DISTRICT
       DISTRICT ATTORNEY, EASTERN DISTRICT
        SHERIFF, ESSEX COUNTY

AND THE FOLLOWING QUESTIONS:

                                QUESTION #1LAW PROPOSED BY INITIATIVE PETITION
        Do you approve of a law summarized below, on which no vote was taken by the Senate or the       House of Representatives before May 4, 2010?

SUMMARY
This proposed law would remove the Massachusetts sales tax on alcoholic beverages and alcohol, where the sale of such beverages and alcohol or their importation into the state is already subject to a separate excise tax under state law. The proposed law would take effect on January 1, 2011.

A YES VOTE would remove the state sales tax on alcoholic beverages and alcohol where their sale or importation into the state is subject to an excise tax under state law.
A NO VOTE would make no change in the state sales tax on alcoholic beverages and alcohol.

QUESTION #2LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives before May 4, 2010?
        
SUMMARY
        This proposed law would repeal an existing state law that allows a qualified organization wishing to build government subsidized housing that includes low-or moderate-income units to apply for a single comprehensive permit from a city or town’s zoning board of appeals (ZBA), instead of separate permits from each local agency or official having jurisdiction over any aspect of the proposed housing. The repeal would take effect on January 1, 2011, but would not stop or otherwise affect any proposed housing that had already received both a comprehensive permit and a building permit for at least one unit.
        Under the existing law, the ZBA holds a public hearing on the application and considers the recommendations of local agencies and officials. The ZBA may grant a comprehensive permit that may include conditions or requirements concerning the height, site plan, size, shape, or building materials of the housing. Persons aggrieved by the ZBA’s decision to grant a permit may appeal it to a court. If the ZBA denies the permit or grants it with conditions or requirements that make the housing uneconomic to build or to operate, the applicant may appeal to the state Housing Appeals Committee (HAC).
        After a hearing, if the HAC rules that the ZBA’s denial of a comprehensive permit was unreasonable and not consistent with local needs, the HAC orders the ZBA to issue the permit. If the HAC rules that the ZBA’s decision issuing a comprehensive permit with conditions or requirements made the housing uneconomic to build or operate and was not consistent with local needs, the HAC orders the ZBA to modify or remove any such conditions or requirement so as to make the proposal no longer uneconomic. The HAC cannot order the ZBA to issue any permit that would allow the housing to fall below minimum safety standards or site plan requirements. If the HAC rules that the ZBA’s action was consistent with local needs, the HAC must uphold it even if it made the housing uneconomic. The HAC’s decision is subject to review in the courts.
        A condition or requirement makes housing “uneconomic” if it would prevent a public agency or non-profit organization from building or operating the housing except at a financial loss, or it would prevent a limited dividend organization from building or operating the housing without a reasonable return on its investment.
        A ZBA’s decision is “consistent with local needs” if it applies requirements that are reasonable in view of the regional need for low- and moderate-income housing and the number of low-income persons in the city or town, as well as the need to protect health and safety, promote better site and building design,
and preserve open space, if those requirements are applied as equally as possible to both subsidized and unsubsidized housing. Requirements are considered “consistent with local needs” if more that 10% of the city or town’s housing units are low- or moderate-income units or if such units are on sites making up at least 1.5% of the total private land zoned for residential, commercial, or industrial use in the city or town. Requirements are also considered “consistent with local needs” if the application would result, in any one calendar year, in beginning construction of low- or moderate- income housing on sites making up more than 0.3% of the total private land zoned for residential, commercial, or industrial use in the city or town, or on ten acres, whichever is larger.
        The proposed law states that if its parts were declared invalid, the other parts would stay in effect.
A YES VOTE would repeal the state law allowing the issuance of a single comprehensive permit to build housing that includes low- or moderate-income units.
A NO VOTE would make no change in the state law allowing issuance of such a comprehensive permit.

                        QUESTION 3: LAW PROPOSED BY INITIATIVE PETITION
Do you approve of a law summarized below, on which no vote was take by the Senate or the House of Representatives before May 4, 2010?

SUMMARY
        This proposed law would reduce the state sales and use tax rates (which were 6.25% as of September 2009) to 3% as of January 1, 2011. It would make the same reduction in the rate used to determine the amount to be deposited with the state Commissioner of Revenue by non-resident building contractors as security for the payment of sales and use tax on tangible personal property used in carrying out their contracts.
        The proposed law provides that if the 3% rates would not produce enough revenues to satisfy any lawful pledge of sales and use tax revenues in connection with any bond, note, or other contractual obligation, then the rates would instead be reduced to the lowest level allowed by law.
        The proposed law would not affect the collection of moneys due the Commonwealth for sales, storage, use or other consumption of tangible personal property or services occurring before January 1, 2011.
        The proposed law states that if any of its parts were declared invalid, the other parts would stay in effect.
A YES VOTE would reduce the state sales and use tax rates to 3%.
A NO VOTE would make no change in the state sales and use tax rates.

AND BE IT FURTHER ORDERED:  That the following places be and hereby are designated as polling places for said voting:

WARD ONE
PRECINCT ONE & TWO         Bentley School, Memorial Drive

WARD TWO
PRECINCT ONE & TWO         St. John’s Parish Hall, St. Peter Street


WARD THREE
PRECINCT ONE & TWO         Salem High School Auditorium, 77 Willson St.

WARD FOUR
PRECINCT ONE & TWO         Witchcraft Heights School Gymnasium, 1 Frederick St.

WARD FIVE
PRECINCT ONE              Temple Shalom, 287 Lafayette Street
PRECINCT TWO              Community Room, Pioneer Terrace

WARD SIX
PRECINCT ONE                      Bates School, Liberty Hill Avenue
PRECINCT TWO                     Mack Park, Tremont Street

                                                       WARD SEVEN
PRECINCT ONE & TWO         Salem State Enterprise Center, 121 Loring Ave.

FURTHER ORDERED: That the polls for said voting be opened at 7:00 A.M. and closed at
8:00 P.M. and that the City Clerk be instructed to post this notice as required by law.



#570 – TAG DAY APPLICATIONS

        Councillor McCarthy introduced the following Order, which was adopted.

        ORDERED: That the enclosed two Tag Day Applications be granted:

                Salem High School Girls Soccer, October 17th from 8 AM to Noon

                Salem Youth Football, October 24th from 8 AM to 4 PM




Councillor Prevey assumed the Chair.


#571 – (#511A) ORDINANCE RELATIVE TO OPERATING ELECTRONIC PERSONAL ASSISTANCE MOBILITY DEVICES

        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 by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative.

        The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an Ordinance relative to Operating Electronic Personal Assistance Mobility Devices, has considered said matter and would recommend adoption for first passage and referred to the Committee on Ordinances, Licenses and Legal Affairs.

        In the year two thousand and ten

        An Ordinance to amend an Ordinance relative to operating electronic personal assistance mobility devices

        Be it ordained by the City Council of the City of Salem, as follows:

Section 1.  City of Salem Traffic Ordinance Chapter 42, Section 43 No Driving on Sidewalks, paragraph C is hereby amended by adding the phrase “electronic personal assistance mobility device” after the word “pedicab” as it appears in the first sentence of this paragraph.

Section 2.  City of Salem Traffic Ordinance Chapter 42 is hereby amended by adding a new Section 43A as follows:

“Section 43A. Operation of Electronic Personal Assistance Mobility Devices

A. Definition
“Electronic personal assistance mobility device” means a self-balancing, two non-tandem wheeled device, designed to transport one person, referred to in this section as an “operator”, with an electric propulsion system whose maximum speed on a paved level surface is 12.5 miles per hour or less.  Electronic personal assistance mobility devices include devices such as the Segway®, but excludes wheelchairs.
B. Required Equipment

(1) Every operator shall wear a helmet that fits the operator’s head and is secured by straps at all times while operating the electronic personal assistance mobility device and shall meet the standards for helmets established by the American National Standards Institute (ANSI Z 90.4) or subsequent standards or the Snell Memorial Foundation’s 1984 standard for use in bicycling or subsequent standards.

(2) Every operator shall wear a reflective safety vest.


C. Licensing, Training and Insurance

(1) Any person or business utilizing electronic personal assistance mobility devices to conduct tours of the City, referred to in this section as a “tour operator”, shall also be licensed by the City Council as a public guide, as provided in the Code of Ordinances, Section 40-26.

(2) Any tour operator renting electronic personal assistance mobility devices to the public shall ensure that operator has sufficient training to operate the device in a safe manner.

(3) Any tour operator must maintain a liability insurance policy. The terms of the policy shall provide that the insurance company assumes financial responsibility in an amount not less than One Million Dollars ($1,000,000.00) for all damages arising out of bodily injuries to or death of one person and subject to that limit for each person, a total of not less than Two Million Dollars ($2,000,000.00) for all damages arising out of bodily injuries to or death of two or more persons in any one accident; and Property Damage coverage in
the amount of not less than One Million Dollars ($1,00,000.00) for all damages to or destruction of property arising out of the operation of an electronic personal assistance mobility device operated by the officers, employees, agents, lessees or customers of the tour operator. Such policy shall name the city as an additional insured. A tour operator shall notify the city clerk, within one business day, of cancellation of their insurance policy.~

(4) No person under the age of 14 and/or less than 100 pounds in weight shall operate an electronic personal assistance mobility device.  Children under the age of 16 must be accompanied by a parent.

D. Operating on Sidewalks

(1) Pedestrians shall have the right of way on all sidewalks.  The operator of an electronic personal assistive mobility device shall yield to pedestrians in all traffic situations.

(2) The operator of an electronic personal assistive mobility device shall ride at a speed no greater than an ordinary walking speed when on a sidewalk or while entering or exiting a sidewalk, but in no event at a speed greater than 9.5 miles per hour.

(3) The operator of an electronic personal assistive mobility device shall give an audible warning before passing a pedestrian far enough in advance to allow the pedestrian time to react.   

(4) No operator shall operate an electronic personal assistive mobility device on a sidewalk or any public property in a manner that endangers or would potentially endanger any person or damage property.

(5) An operator may not park an electronic personal assistance mobility device upon any sidewalk or way in such a manner that obstructs vehicular or pedestrian traffic.

E.  Operation Limited to Certain Sidewalks, Districts and Hours

(1) Any tour operator utilizing electronic personal assistance mobility devices shall limit the tour to seven persons in addition to the tour guide and shall limit the tour to the sidewalk route designated for electronic personal assistance mobility devices, a copy of which is on file at the office of the City Clerk.  Tour operators shall not rent devices for use except as part of a guided tour.

(2) No electronic personal assistance mobility device shall be allowed on any sidewalk in the City’s Central Business District unless such operation is on the designated electronic personal assistance mobility device sidewalk route or a route approved by the PersonNamePolice Traffic Division.

(3) No electronic personal assistance mobility device shall be operated after dusk and before dawn.

F. Exception

Nothing in this Section shall preclude a person with a mobility disability to use an electronic personal assistance mobility device for his personal use so long as its operation is in accordance with Paragraph D of this Section.

G. Violation – Penalty.

Any person violating Section 43A shall be fined no more than $50.00 for each offense.”

Section 3.  Section 43D of Chapter 42, No truck deliveries, shall be re-named as Section 43, paragraph D.

Section 4. This Ordinance shall take effect as provided by City Charter.


#572 – (#513) CONDUIT ON CONGRESS STREET BRIDGE

        Councillor McCarthy offered the following report for the Committee of Whole. It was voted to accept the report and adopt the recommendation.

        The Committee of the Whole the matter of a petition from National Grid for preliminary approval to partially occupy a bay for a conduit on the Congress Street Bridge, has considered said matter and would recommend approval.


#573 – ROAD RACE

        A request from B&S Fitness to use City Streets on March 6, 2011 to hold a road race was approved.


#574 – STREGA RESTAURANT FOR TENT ON SIDEWALK DURING HAUNTED HAPPENINGS

        A request from Linda Cappuccio, owner of Strega Restaurant, 94 Lafayette Street to have a sidewalk tent during Haunted Happenings on the following dates:  October 16th, October 22nd through 24th and October 29 through 31st was approved.


#575 – PUBLIC GUIDES

        The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.

PUBLIC GUIDES:          Brad Biscornet, 24 Pawtucket Blvd, Tyngsborough
                                Eastera Phou, 82 Commercial St., Boston



#576 - #577  LICENSE APPLICATIONS

        The following license applications were granted.

TAXI OPERATORS  William Coffey, 11 Fort Ave., Salem
                                Robert Mudri, 104 S. Common St. #5, Lynn
                                James Gordon, 13 Conant St., Salem

VEHICLE FOR HIRE
OPERATOR ONLY   Kathleen Gaffney, 11 Grandview Rd., Danvers



#578 – TAXI OPERATOR LICENSE APPLICATIONS

        The following license applications were denied.

TAXI OPERATORS  Pamela Stone, 69 Lake View Ave. #2, Lynn
                                Julio Linares, 11 Phillips Ave., Lynn



#579 - #582 CLAIMS

        The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
                                Verizon, CMR Claims Dept., PO Box 60770, Oklahoma City, OK
                                Verizon, CMR Claims Dept., PO Box 60770, Oklahoma City, OK
                                Verizon, CMR Claims Dept., PO Box 60770, Oklahoma City, OK                                              Lori Fitzgerald, 80 Tucker Stone Road, Belmont, NH
                                
                


                
#583 - #584 BONDS

        The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.

        SIGN                    Armstrong Field Real Estate, 281 Essex St. Unit C3, Salem
                                Milk and Honey, 32 Church St., Salem    




        On the motion of Councillor McCarthy the meeting adjourned at 8:45 P.M.




ATTEST:                                                 CHERYL A. LAPOINTE
                                                                CITY CLERK