A Regular Meeting of the City Council was held in the Council Chamber on Thursday, July 11, 2002 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on July 3, 2002 at 10:28 A.M.
Councillors Chuber, Driscoll, Harvey, and Sargent were absent.
Council President Regina R. Flynn presided.
Councillor O’Leary moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Flynn requested that everyone please rise to recite the Pledge of Allegiance.
#495 – RESCINDING APPT. KEVIN LOCHIATTO AS A CONSTABLE
A communication was received from the Mayor, rescinding the appointment of Kevin M. Lochiatto as a Constable. The communication was received and filed.
#496 – APPR. GOLF COURSE SOUVENIRS AND WINTER ISLAND STORE INVENTORY
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of twenty Thousand Dollars ($20,000.00) is hereby appropriated from the “Receipts Reserved Golf Course” Account to the following Park and Recreation Accounts: Golf Course Souvenirs, Ten Thousand Dollars ($10,000.00); and Winter Island Store Inventory, Ten Thousand Dollars ($10,000.00) in accordance with the recommendation of His Honor the Mayor.
#497 – APPR. WITCH HOUSE SOUVENIRS
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Receipts Reserved Witch House Account” to the “Witch House Souvenirs” Account in accordance with the recommendation of His Honor the Mayor.
#498 – EASEMENT TO EASTERN BANK ON WASHINGTON STREET
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
ORDERED: That the Mayor is hereby authorized to execute a Grant of Easement, for consideration of One ($1.00) Dollar, going from the City of Salem to Area Two Realty, LLC for the perpetual right to repair, maintain, and replace, at its own expense and liability, the existing building and other features which now encroach on land owned by the City of Salem at the Eastern Bank Building on Washington Street.
#499 – ORDINANCE AMENDING PUBLIC CONSTRUCTION PROJECTS
The following Ordinance, recommended by the Mayor, was adopted for first passage and referred to the Committee on Ordinances, Licenses, and Legal Affairs by a roll call vote of 7 yeas, 0 nays, 4 absent. Councillors Bencal, DeToma, Furey, Lovely, O’Keefe, O’Leary, and Flynn were recorded as voting in the affirmative. Councillors Chuber, Driscoll, Harvey, and Sargent were absent.
In the year two thousand and two
An Ordinance to amend an Ordinance pertaining to Public Construction Projects
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Article XII. Employment of Salem Area Residents in Private and Public Construction Projects is hereby amended by deleting this Article in its entirety and inserting in place thereof the following:
Article XII. Public Construction Projects
Sec. 2-183 1. Conditions for Bidding on Public Construction Contract
Purpose: Whereas the City of Salem expends substantial municipal funds for public construction projects; a large portion of said money being derived from taxes paid by city residents; that accordingly it is in the public interest, health, welfare and safety to ensure that the employees on such projects are paid at the lawfully required wage rates, have been trained in a bona fide apprenticeship training program, have hospitalization and medical coverage, and are classified according to the law. Further, that in light of the economic loss to the city when bidders and subcontractors who perform work on public construction projects are not from the Salem area and/or do not hire workers from the Salem area, it is in the public interest to establish goals for
the hiring of Salem residents on public construction projects, and it is found that these provisions will serve the public interest, health, welfare and safety as described hereinabove.
(a) All bidders and subcontractors, including subcontractors that are not subject to MGL. Chap. 149, Sec. 44F, under the bidder for projects subject to MGL Chap. 149, Sec 44A(2) and MGL Chap. 30, Sec. 39M shall as a condition for bidding or for an award of a subcontract on a non-filed sub-bid work, verify under oath and in writing at the time of bidding that they comply with the following obligations, and such obligations hereby are incorporated by reference into the specifications for city construction projects:
(1) The bidder and all subcontractors under the bidder must comply with the obligations established under MGL Chap. 149 to pay the appropriate prevailing wage rates to their employees.
(2) The bidder and all subcontractors under the bidder must at the time of bidding maintain or participate in a bone fide apprentice training program as defined by Mass. Gen. L. c. 23, §§11H & 11I for each apprenticeable trade or occupation represented in their workforce that is approved by the Division of Apprentice Training of the Department of Labor and Workforce Development and must register all apprentices with the Division and abide by the apprentice to journeyman ratio for each trade prescribed therein in the performance of any work on the project.
(3) The bidder and all subcontractors under the bidder must at the time of bidding furnish at their expense, hospitalization and medical benefits and/or coverage for all their mechanics and apprentices, teamsters, chauffeurs, and laborers (as those employee classifications are used in Mass. Gen. L. c. 149, §26) at least comparable in value and coverage to the hospitalization and medical benefits provided by the health and welfare plans in the applicable craft recognized by Mass. Gen. L. c. 149, §26 in establishing minimum wage rates.
(4) The bidder and all subcontractors under the bidder must maintain appropriate industrial accident insurance coverage for all the employees on the project in accordance with Mass. Gen. L. c. 152.
(5) The bidder and all subcontractors under the bidder must properly classify employees as employees rather than independent contractors and treat them accordingly for purpose of workers' compensation insurance coverage, unemployment taxes, social security taxes and income tax withholding (see Mass. Gen. L. c. 149, §148B on employee classification).
(b) A bid submitted by any general bidder or by any subcontractor under the general bidder that does not comply with any of the foregoing conditions for bidding shall be rejected, and no subcontract work outside the scope of Mass. Gen. L. c. 149, §44F shall be awarded to a subcontractor that does not comply with the foregoing conditions.
(c) All bidders and subcontractors under the bidder who are awarded or who otherwise obtain contracts on projects subject to Mass. Gen. L. c. 149, §44A(2) or c. 30, §39M shall comply with any one of the obligations numbered 1 through 6 set forth in section (a) above for the entire duration of their work on the project, and an officer of each bidder or subcontractor under the bidder shall certify under oath and in writing on a weekly basis to the Purchasing Agent that they are in compliance with such obligations. Such certificate shall constitute a condition precedent to any payment obligation of the city.
(d) Any bidder or subcontractor under the bidder who fails to comply with any one of the obligations 1 through 6 as set forth in section (a) above for any period of time shall be, at the sole discretion of the City of Salem, subject to one or more of the following sanctions: (1) cessation of work on the
project until compliance is achieved; (2) withholding of payment due under any contract or subcontract until compliance achieved; (3) permanent removal from any further work on the project; (4) liquidated damages to the City of Salem in the amount of five percent (5%) of the dollar value of the contract.
(e) Any contractor or subcontractor that has been determined by the City of Salem or by any court or agency to have violated any of the obligations set forth in sections (a) and (c) above shall be barred from performing any work on any future projects for six months for a first violation, for three years for a second violation and permanently for a third violation.
(f) If any provision of this section, or application of such provision to any person or circumstances, shall be enjoined or held to be invalid, the remaining provisions of this section, or the application of such provisions to persons or circumstances, other than that which is enjoined or held invalid, shall not be affected thereby.
(g) The Purchasing Agent shall be the enforcement and compliance officer for these provisions. All notices, records and/or other written verification of compliance shall be directed to the Purchasing Agent.
Sec. 2-1832. Salem Area Resident Job Goals.
(a). All bidders and subcontractors subject to the provisions of Section 2-1891 shall make a good faith effort on a craft by craft basis to provide at all times at least twenty percent (20%) of the total employee worker hours in each trade, at every tier, to be performed by bona fide residents of either the city of Salem or a city or town within ten (10) miles radius of the city limits of the city of Salem. For the purposes of this paragraph, work performed by apprenticeship and on-the-job training shall be included.
(b). Contractors shall submit to the Purchasing Agent workforce charts listing each of its workers and those of its subcontractors of all tiers, by name, residence, craft, job category and hours worked. Submission of said workforce charts shall constitute condition precedent to any payment obligation of the city.
(c). Any person who provides false information regarding his or her residential address, or in the case of a contractor or bidder who knowingly provides false information regarding address of any employee, shall be subject to a fine of three hundred dollars ($300.00) for each violation.
(d). The Purchasing Agent shall establish criteria and procedures for compliance herewith, and shall report to the mayor and city council annually.
(e). Where the provision of any federal or state statute or regulation provide that no procedure or requirement shall be imposed which will operate to
discriminate against the employment of labor from any other state, possession or territory of the United States, the terms of this section shall not apply.
(f). If any provision of this section, or application of such provision to any person or circumstances, shall be enjoined or held to be invalid, the remaining provisions of this section, or the application of such provisions to persons or circumstances, other than that which is enjoined or held invalid, shall not be affected thereby.
Section 2. This Ordinance shall take effect as provided by City Charter.
#500 – EASEMENT WITH NEW ENGLAND POWER CO. FOR RECONSTRUCTION OF MARLBOROUGH ROAD SIDEWALKS
The following Order, recommended by the Mayor, was received after the deadline of Tuesday Noon. Councillor O’Leary requested and received unanimous consent to suspend the rules. The Order was adopted by a roll call vote of 7 yeas, 0 nays, 4 absent. Councillors Bencal, DeToma, Furey, Lovely, O’Keefe, O’Leary, and Flynn were recorded as voting in the affirmative. Councillors Chuber, Driscoll, Harvey, and Sargent were absent.
ORDERED: That the Mayor is hereby authorized to execute a Grant of Easement and Agreement by and between New England Power Company and the City of Salem in connection with the reconstruction of Marlborough Road for the permanent right and easement to construct, install, maintain, repair and use a sidewalk located on a portion of New England Power land and a temporary right and easement over a portion of New England Power land for the sole purpose of landscaping in connection with the construction and installation of the sidewalk.
#501 – ORDINANCE ESTABLISHING POSITION, SALARY, AND DEPARTMENT OF OPEN SPACE AND SUPERINTENDENT OF OPEN SPACE
The following Ordinance, recommended by the Mayor, was received after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules. The Ordinance was adopted for first passage and referred to the Committee on Administration and Finance.
In the year two thousand and two
An Ordinance to amend Ordinances relative to the Cemetery, Shade Tree and Moth Suppression Department and the Salary and Classification of Certain Employees of the City of Salem.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Article VIII, Section 2-1481 is hereby amended by deleting this section in its entirety and inserting the following:
Section 1-1481. Established
There is hereby established the Department of Open Space, which shall incorporate the department of cemetery, shade tree and moth suppression."
Section II. Chapter 2, Section 2-1482 (a) is hereby amended by deleting this sub-section in its entirety and inserting the following:
"Section 2-1482. Superintendent.
(a) Appointment. The Mayor, subject to confirmation by the City Council, shall appoint a Superintendent of Open Space."
Section III. Chapter 2, Section 2-1482 is hereby further amended by deleting subsection (c) (4) of Duties and Powers in its entirety and inserting the following:
"(4) Coordinate and direct the care and maintenance of passive open space/recreational areas, excluding active recreational facilities such ball fields and playgrounds, but including, such passive recreational areas a-, boulevards, walkways, the downtown and other open space areas throughout the City."
Section IV. Chapter 2, Article II. Compensation and Conditions of Employment, Section 2-52 is hereby amended by deleting the title "Superintendent of Cemetery, Shade Tree and Moth Suppression" within job grade 18A and establishing a new position entitled "Superintendent of Open Space" within job grade 21 A.
Section V. This Ordinance shall take effect as provided by City Charter.
#502 – ORDINANCE ESTABLISHING HOURS OF OPERATION FOR BUSINESS ESTABLISHMENTS, AND REQUIRING POLICE PRESENCE
Councillor Bencal introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
In the year two thousand and two
An Ordinance to amend an Ordinance relative to Hours of Operation, Retail Business Establishments
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14 is hereby amended by adding the following paragraph to section 14-230, Applicability to other establishments.
The Chief of Police or his designee, may require the assignment of a private detail officer of the Police Department to any establishment operating between the hours of 11:00 P.M. and 6:00 A.M. to insure the public health, safety, morals, and good order of the community. All costs associated with the police detail shall be borne by the establishment.
Section 2. This Ordinance shall take effect as provided by City Charter.
#503 – ORDINANCE AMENDING TRAFFIC, SEC. 50A, HANDICAP PARKING, WASHINGTON STREET
Councillor Lovely introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and two
An Ordinance to amend an Ordinance relative to Traffic, Handicap Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50A, is hereby amended by adding the following:
Washington Street, southbound, in front of #70 Washington Street for a distance of sixty (60) feet (2 vehicle lengths), Handicap Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#504 – RESOLUTION SUPPORTING LEGISLATION FOR A 1% MEALS TAX
Councillor Bencal introduced the following Resolution, which was adopted.
RESOLVED: That the Salem City Council supports the efforts of the Massachusetts House of Representatives in their effort to allow communities to charge a one percent meals tax.
We further resolve that the attached letter be sent to our elected State Representatives, Representative J. Michael Ruane and Senator Frederick Berry, requesting their assistance in passing this legislation.
#505 – ORDINANCE AMENDING TRAFFIC, SEC. 75, RESIDENT STICKER PARKING
Councillor DeToma introduced the following Ordinance, on behalf of Councillor Driscoll, which was adopted for first passage, and the City Clerk is authorized to issue stickers and the police department is authorized to erect the signs.
In the year two thousand and two
An Ordinance to amend an Ordinance relative to Traffic, Resident Sticker Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 75, Zone E, Color Orange, is hereby amended by adding the following:
Ocean Terrace, in its entirety
Ocean Avenue, from Summit Avenue to Shore Avenue, both sides
Shore Avenue, in its entirety
Section 2. This Ordinance shall take effect as provided by City Charter.
#506 – POLLING LOCATION CHANGE FOR WARD SIX PRECINCTS ONE AND TWO
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Bates School be approved as the polling location for the voters of Ward 6 Precinct 1, and that Mack Park be approved as the polling location for the voters of Ward 6 Precinct 2.
#507 – RESOLUTIUON THAT BOSTON RED SOX RETIRE TONY CONIGLIARO’S NUMBER
Councillor Bencal introduced the following Resolution. Councillor Bencal moved to waive the reading of the Resolution. It was so voted. The Resolution was adopted.
RESOLVED:
Whereas, Tony Conigliaro (Tony C.) was born and raised in Massachusetts, the oldest of three sons of Sal and Teresa Conigliaro, and
Whereas, Tony Conigliaro, while living in Swampscott and playing for St. Mary's
High School, broke several league records, and
Whereas, Tony Conigliaro was drafted by the Boston Red Sox in 1962 and then
Spent only a brief time in the minor leagues before Manager Johnny Pesky recognized his talents and invited him to spring training where Tony immediately distinguished himself as an asset to the team, and
Whereas, Tony Conigliaro, in his first season with the Red Sox, hit twenty-four
home runs despite suffering a broken arm that cut his season short, and
Whereas, Tony Conigliaro hit 32 home runs, in his second season, leading the
American League. Tony was thus the youngest home run leader in baseball's history and the youngest player to reach a 100 home runs in their career, and
Whereas, Tony Conigliaro’s twenty home runs in 1967 significantly led to the
"Impossible Dream” season of the Boston Red Sox, until a ninety mile per hour August fastball struck him on the left eye, fracturing his cheekbone, dislocating his jaw, and damaging his retina thus taking him out of baseball and to leave many to predict that he would never return, and
Whereas, Tony Conigliaro overcame all odds and returned to baseball in 1969 batting 225 and hitting 20 home runs thus earning the "Comeback Player of the Year" award. Tony then posted more impressive numbers in 1970 by hitting 36 home runs and batting in II 6 runs before retiring due to deteriorating vision, and
Whereas, Tony Conigliaro while working as a baseball broadcaster suffered a major heart attack and stroke in 1982 and died eight years later, therefore be it
RESOLVED that the Salem City Council formally requests that the Boston Red Sox retire Tony C's number 25 in honor of his short but extraordinary career.
Councillor Lovely assumed the Chair for President Flynn
#508 – PRECINCT LOCATION CHANGE FOR WARD 2 PRECINCT 1 DUE TO CARLTON SCHOOL RECONSTRUCTION
Councillor Flynn introduced the following Order, which was adopted.
ORDERED: That due to the upcoming construction at the Carlton School, the voting location for Ward 2 Precinct 1 shall be temporarily changed to the Bentley School, until such time as the Carlton School Project is completed.
Councillor Flynn resumed the Chair.
#509 – (#487 - #488) – 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.
TAXI OPERATOR
Claudia Chalifour, 119 Nahant Street, Lynn
Willie Jones, III, 26 Chase Street, Lynn
SECOND HAND VALUABLE
R.A. DiFillipo Antiques, 131 Essex Street
#510 – (#116) – USE OF SALEM COMMON FOR HISPANIC FESTIVAL
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses, and Legal Affairs. It was voted to accept the report.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of granting use of the Salem Common for an Hispanic Festival on August 31, 2002, has considered said matter and would report the matter out of committee with no recommendation.
Councillor O’Keefe moved approval of 12:00 Noon to 7:30 P.M., and activities set-up commence at 9:00 A.M. The motion was defeated.
Councillor DeToma moved approval from 12:00 Noon to 8:00 P.M., and activities set-up commence at 9:00 A.M. The motion was adopted. Councillors Flynn and O’Leary were recorded as ‘opposed”
#511 – (#419) – HOME RULE PEITION REGARDING AFFORDABLE HOUSING
Councillor Furey 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 a home rule petition for affordable housing has considered said matter and would recommend that the Assistant City Solicitor draft a home rule petition for affordable housing and submit it to the Council for a Special Meeting on Wednesday, July 17, 2002 at 6:00 P.M.
#512 – (#455) – BOND ORDER APPR. $235,925.00 FOR CARLTON SCHOOL CONSTRUCTION COSTS
Councillor Lovely offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a roll call vote of 7 yeas, 0 nays, 4 absent. Councillors Bencal, DeToma, Furey, Lovely, O’Keefe, O’Leary, and Flynn were recorded as voting in the affirmative. Councillors Chuber, Driscoll, Harvey, and Sargent were absent .
The Committee on Administration and Finance to whom was referred the matter of a bond order in the amount of $235,925.00 for additional construction costs for the Carlton School has considered said matter and would recommend approval.
#513 – (#414) – (#415) – ORDINANCE AMENDING WATER AND SEWER RATES
Councillor Lovely 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 water and sewer rate increases has considered said matter and would recommend that the matter remain in Committee and that the Mayor, Finance, Director, Director of Public Services, Assistant Director of Public Services and the City Solicitor respond to the attached requests for clarification regarding same.
1. Ordinance requiring recommendation of Water Rate increase by Director of Public Services. This increase requested via Finance Director.
2. Ordinance requiring recommendation that Assistant Director of Public Services assess water rates. This assessment done by Director of Finance.
3. Opinion from City solicitor regarding Residential/Commercial Exemptions. Can City Council offer discounts to Residential and not Commercial users.
4. Schedule B2 in Water/Sewer Executive Summary states Water increase of 20% and Sewer increase of 10%, yet Mayor requests Water at 20% and Sewer at 10%. Clarification on increase requested.
5. Past and Proposed Water/Sewer Projects breakdown, prepared by Stanley Bornstein dated 7-0-02 not concise enough. Committee requested dates of projects and which account they were paid from. Need total breakdown of all money expended from each Enterprise Fund for all projects and Salaries.
#514 – NORTH SHORE MEDICAL CENTER CANCER WALK
The request of North Shore Medical Center to hold a Cancer Walk, and use the Salem Common on June 22, 2003, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#515 – TAXI OPERATOR APPLICATION
The following license application was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAXI OPERATOR
Mark Adams, 59 Goodale Street, Peabody
#516 - #517 – BONDS
The following bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
SIGN BOND
Salem Beer Works, 278 Derby Street, Salem
CONSTABLE
Daniel V. Stanwood, Jr., 77 Leach Street, Salem
#518 - #519 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contractor Operator License was received after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules. The licenses were granted.
E.B. Rotondi & Sons, Inc., 60 Sunset Rd., Winchester, MA 01890
#520 – DRAINLAYER BOND
The following Drainlayer Bond was received after the deadline of Tuesday Noon. Councillor O’Keefe requested and received unanimous consent to suspend the rules. The Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
E.B. Rotondi & Sons, Inc., 60 Sunset Rd., Winchester, MA 01890
(#470) – ORDINANCE AMENDING TRAFFIC, SEC. 50B, HANDICAP PARKING, 4 CLIFF STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking in front of #4 Cliff 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 8:53 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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