A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 12, 2002 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 6, 2002 at 10:02 A.M.
All Councillors were present.
Council President Regina R. Flynn presided.
Councillor DeToma 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.
#522 – EXECUTIVE SESSION-SETTLEMENT OF WORKMEN’S COMP. CASE
Councillor O’Leary moved to take out of order, under Communications from City Officials, the request of Elizabeth Rennard, Human Resources Director, to hold an Executive Session to discuss settlement of a Workmen’s Compensation case. It was so voted.
Councillor Harvey moved to take out of Order, the AFSCME Communication, and hold an Executive Session following the above Executive Session. It was so voted.
Councillor O’Leary moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session, and at the end of the Executive Session, the regular meeting will continue. It was so voted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
See end of meeting for minutes of Executive Session.
Following the Executive Session, Councillor O’Leary moved that the regular meeting be continued. It was so voted.
#523 – AFSCME REQUEST TO MEET WITH CITY COUNCIL REGARDING SALEM HOUSING AUTHORITY NEGOTIATIONS
Councillor Harvey moved that the petition of AFSCME be referred to the Committee of the Whole, to meet on September 16, 2002 at 6:30 P.M. and invite the Salem Housing Authority Board, the Mayor, and Ms. Rose Grocki of AFSCME Council 93. It was so voted.
#524 – APPT. CONSTABLE
The Mayor’s appointment of George J. Bertocchi as a Constable for a term to expire September 20, 2003, was received and filed.
#525 – BOND ORDER – APPR. $1,824,435.00 FOR ADDITIONAL COSTS INVOLVED WITH WITCHCRAFT HEIGHTS ELEMENTARY SCHOOL PROJECT
The following Order, recommended by the Mayor, adopted for first passage, under suspension of the rules, and referred to the Committee on Administration and Finance, by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow Mr. Paul L’Heureux to speak.
ORDERED: That the sum of One Million Eight Hundred Twenty-four Thousand, Four Hundred Thirty-five Dollars ($1,824,435.00) be and hereby is appropriated for the purpose of paying additional costs of adding to, renovating, reconstruction, making extraordinary repairs to and equipping the Witchcraft Heights Elementary School, including the payment of all costs incidental and related thereto, and that to raise this appropriation, the City Council, with the approval of the Mayor, is hereby authorized to borrow the sum of One Million Eight Hundred Twenty-four Thousand, Four Hundred Thirty-five Dollars ($1,824,435.00), under and pursuant to Chapter 44, Section 7, Clauses 3 and 3A and Chapter 70B of the Massachusetts General Laws, each as amended and supplemented, or pursuant to any other
enabling authority, and to issue bonds or notes of the City therefore.
#526 – APPR. CAPITAL OUTLAY FOR FIRE DEPT. EMERGENCY GENERATOR
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty Seven Thousand Eight Hundred Ninety-seven Dollars is hereby appropriated from the “Capital Outlay Equipment” Account for the replacement of the emergency generator at Central Fire Headquarters in accordance with the recommendation of His Honor the Mayor.
#527 – APPR. CAPITAL OUTLAY FOR MUSEUM PL. GARAGE ELECTRICAL AND DRAINAGE DEFICIENCIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow Mr. James Hacker, Parking Director, to speak.
ORDERED: That the sum of Twenty-one Thousand Dollars ($21,000.00) is hereby appropriated from the “Capital Outlay repairs and Renovations” Account for a survey of the Museum Place Garage to determine electrical and drainage deficiencies.
#528 – APPR. CEMETERY SALE OF LOTS TO CEMETERY BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fifteen Thousand One Hundred Dollars ($15,100.00) is hereby appropriated from the “Receipts Reserved Cemetery Sale of Lots” Account to the “Cemetery Burial” Account in accordance with the recommendation of His Honor the Mayor.
#529 – APPR. PARK & RECREATION EQUIPMENT WINTER ISLAND
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
Councillor Lovely requested and received unanimous consent to suspend the rules to allow Doug Bollen, Superintendent of the Park and Recreation Department, to address the Council.
ORDERED: That the sum of Eight Thousand Four Hundred Dollars ($8,400.00) is hereby appropriated from the “Receipts Reserved Golf Course” Account to the “Park and Recreation Equipment Winter Island” Account in accordance with the recommendation of His Honor the Mayor.
#530 – APPR. CEMETERY SEASONAL LABOR
The following Order, recommended by the Mayor, was adopted under suspension of the rules. Councillor Bencal was recorded as voting “present”.
ORDERED: That the sum of Six Thousand One Hundred Dollars ($6,100.00) is hereby appropriated from the “Receipts Reserved Cemetery Sale of Vaults” account to the “Cemetery Seasonal Labor” Account in accordance with the recommendation of His Honor the Mayor.
#531 – APPR. HARBORMASTER VEHICLE REPAIR AND MAINTENANCE
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Five Thousand Three Hundred Seventeen Dollars and sixty-seven cents ($5,317.67) is hereby appropriated from the “Receipts Reserved Harbormaster” Account to the “Harbormaster Vehicle Repair and Maintenance” Account in accordance with the recommendation of His Honor the Mayor.
#532 – ACCEPT. CH. 44, SEC. 53D, M.G.L., EST. REVOLVING PARK & RECREATION FUND
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the City of Salem hereby accepts M.G.L. Chapter 44, Municipal Finance, Section 53D, which provides for the establishments for a recreation and park revolving fund account.
#533 – PARKING FEES FOR GARAGES AND CHURCH ST. LOT FOR MONTH OF OCTOBER
The following Order was recommended by the Mayor.
ORDERED: That the parking fees for the Garages and Church Street lot on days as specified during the month of October shall be as follows:
Saturdays $10.00 per entry
Sundays $10.00 per entry
Thursday, October 31st after 4:00 P.M. $10.00 per entry
Fridays, after 4:00 P.M. $ 5.00 per entry
AND BE IT FUTHER ORDERED: That on the above mentioned days and times in October, parking shall be free for Salem residents at the Church Street Lot.
Councillor Chuber amended that on the day of the Family parade, free parking be offered after 4:00 P.M. The amendment was so voted.
Councillor Bencal moved that the matter be referred to the Committee on Administration and Finance. Councillor Bencal requested and received unanimous consent to withdraw his motion.
The Order was adopted as amended. Councillors Harvey and O’Leary were recorded as “opposed”. The Order shall now read as follows:
ORDERED: That the parking fees for the Garages and Church Street lot on days as specified during the month of October shall be as follows:
Saturdays $10.00 per entry
Sundays $10.00 per entry
Thursday, October 31st after 4:00 P.M. $10.00 per entry
Fridays, after 4:00 P.M. $ 5.00 per entry
AND BE IT FUTHER ORDERED: That on the above mentioned days and times in October, parking shall be free for Salem residents at the Church Street Lot.
AND BE IT FURTHER ORDERED: that on the day of the Family parade, free parking be offered after 4:00 P.M.
#534 – ACCEPTANCE OF GOODS AND SERVICES DONATED FOR RENOVATION OF CITY HALL
The following Order, recommended by the Mayor, was accepted. Councillor O’Leary was recorded as “opposed”.
ORDERED: That the City of Salem hereby accepts the following goods and/or services being donated in conjunction with the City Hall Restoration effort:
Abner Construction Co., 409 Ipswich Rd, Boxford, Floor Refinishing, estimated value $2,000.00
Landry & Arcari, 3 Pleasant St., Salem, Runner for Hallway, estimated value $3,000.00
Waters & Brown, 281 Derby St., Salem, Paint, estimated value $500.00
Pelletier & Sons, 52 Howard St., Salem, Refinishing City Hall Front Doors, estimated value $2,500.00
Tile by Design, 120 Andover St., Danvers, tiles for front entrance vestibule, estimated value $1,000.00
#535 – RESOLUTION FOR SALEM’S COMMITMENT TO PARTICIPATE IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN
The following Resolution was recommended by the Mayor.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow a member of the Salem Alliance for the Environment to speak.
The Ordinance was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
RESOLUTION:
WHEREAS: a scientific consensus has developed that Carbon Dioxide (CO2) and other greenhouse gasses (ghg) released into the atmosphere have a profound effect on the Earth's climate; and
WHEREAS: scientific evidence including the Third Assessment Report from the International Panel on Climate Change (IPCC) and the U.S.Global Change Research Program's (USGCRP) First National Assessment indicate that global warning has begun, with the 1990's the hottest decade in recorded history; and
WHEREAS: scientific evidence indicates that global warming is already beginning, with the 1990's and 1980's the hottest and second hottest decades in recorded history; and
WHEREAS: more than 160 countries pledged under the United Nations Framework Convention on Climate Change to reduce greenhouse gas emissions; and
WHEREAS: in 2001, at the request of the Administration, the National Academy of Sciences (NAS) reviewed and confirmed the concerns of the environment and public health communities and declared global warming a real problem, caused by humankind and impacting key vulnerable populations; and
WHEREAS: energy consumption, specifically the burning of fossil fuels-e.g.: coal, oil and gas-accounts for more than 80% of U.S. greenhouse gas emissions; and
WHEREAS: local governments greatly influence the community's energy use by exercising key powers over land use, transportation, building construction, waste management, and energy supply and management; and
WHEREAS: local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the City government, its businesses and its citizens; and
WHEREAS: the New England States have joined together in a regional compact with the Eastern provinces of Canada to reduce greenhouse gas emissions in our region; and
WHEREAS: the Cities for Climate Protection Campaign, sponsored by the International Council for Local Environmental Initiatives and the U.S. Environmental Protection Agency has invited the City of Salem, Massachusetts to become a partner in the Campaign
NOW THEREFORE, BE IT RESOLVED, that the CITY OF SALEM commits
to participate in the Cities for Climate Protection Campaign and, as a participant in the Cities for Climate Protection Campaign, SALEM pledges to take a leadership role in promotin2 public awareness about the causes and impacts of climate change. The CITY OF SALEM will undertake the Cities for Climate Protection program's 5 milestones to
reduce both greenhouse gas and air pollution emissions throughout the community, specifically:
• Conduct a greenhouse gas (ghg) emissions inventory and forecast to determine the source and quantity of ghg emissions in the jurisdiction;
• Establish a greenhouse gas emissions reduction target;
• Develop an action plan with both existing and future actions which when implemented will meet the local greenhouse gas reduction target; and
• Implement the action plan; and
• Monitor to review progress toward reducing greenhouse gas emissions.
BE IT FINALLY RESOLVED, that the CITY OF SALEM requests assistance from the
International Council for Local Environmental Initiatives (ICLEI) Cities for Climate Protection Campaign (CCP) as it progresses through the milestones.
#536 – ADMINISTRATION & FINANCE DISCUSS RENTAL OF TELEPHONE BUILDING ON ST. PETER ST.
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance meet with the Mayor or his representative, City Planner, Council on Aging Director, Council on Aging Board, Building Inspector, and Mr. Flomp, owner of the Building, to discuss the opportunity of renting the former telephone building on St. Peter Street as a Council on Aging facility.
#537 – PUBLIC HEALTH SAFETY & ENVIRONMENT DISCUSS ENCLOSING COAL PILE AT P.G. & E.
Councillor Harvey introduced the following Order. Councillor Sargent left the Council Chamber due to a conflict of interest.
ORDERED: That the Committee on Public Health, Safety and Environment meet with a representative of P.G. & E. to discuss enclosing the coal pile.
Councillor O’Keefe amended to discuss the removal of the steel storage tanks, under Mass. General Laws, Chapter 148. It was so voted.
The Order was adopted as amended so that I shall now read as follows:
ORDERED: That the Committee on Public Health, Safety and Environment meet with a representative of P.G. & E. to discuss enclosing the coal pile.
AND BE IT FUTHER ORDERED: That the removal of the steel storage tanks be discussed in accordance with Massachusetts General Laws, Chapter 148.
#538 – USE OF WINTER ISLAND HANGAR AS A CONVENTION HALL
Councillor Bencal, in conjunction with Councillor Chuber, introduced the following Order.
ORDERED: That the Mayor set up a committee to investigate the conversion of the former aircraft hanger on Winter Island to a function hall, convention center, or other use that will maximize the City's ability to secure additional revenues while maintaining, to the extent possible the natural beauty of Winter Island.
Also, that this committee shall investigate the possibility of converting the former Officer's Quarters on Winter Island to a bed and breakfast or other entity that will maximize the City's ability to secure additional revenues while maintaining, to the extent possible, the natural beauty of Winter Island
This committee shall include representatives of the Mayor's office, the City Council, the Park and Recreation Commission, the Historic Commission, the Neighborhood Alliance, three residents from the City at large as appointed by the Mayor, and a resident of the Willows neighborhood as designated by the Ward One Councilor.
Further, this committee shall report to the City Council of their findings within one hundred eighty (I 80) days of its formation.
Councillor Harvey moved that the Order be tabled. Councillor Harvey requested and received unanimous consent to withdraw his motion.
Councillor Harvey amended to delete the terms “function hall, convention center, bed and breakfast” from the Order. The amendment was adopted by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Bencal, Chuber, DeToma, Driscoll, Harvey, Lovely, O’Keefe, O’Leary, Sargent, and Flynn were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative.
Councillor Bencal moved that the order be referred to the Committee on Community and Economic Development. It was so voted.
The amended order reads as follows:
ORDERED: That the Mayor set up a committee to investigate the conversion of the former aircraft hanger on Winter Island for use that will maximize the City's ability to secure additional revenues while maintaining, to the extent possible the natural beauty of Winter Island.
Also, that this committee shall investigate the possibility of converting the former Officer's Quarters on Winter Island to maximize the City's ability to secure additional revenues while maintaining, to the extent possible, the natural beauty of Winter Island.
This committee shall include representatives of the Mayor's office, the City Council, the Park and Recreation Commission, the Historic Commission, the Neighborhood Alliance, three residents from the City at large as appointed by the Mayor, and a resident of the Willows neighborhood as designated by the Ward One Councillor.
Further, this committee shall report to the City Council of their findings within one hundred eighty (180) days of its formation.
#539 – ORDINANCE AMENDING NOISE, LATE NIGHT DELIVERIES, LOADING AND UNLOADING
Councillor Lovely introduced the following Ordinance, which was adopted for first passage and 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 Noises Enumerated, Loading and unloading
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 22, Section 22-2 (4), Loading and loading, manufacturing activities, is hereby amended by adding the following:
“Loading and unloading of boxes, crates, containers, etc. at all retail establishments to include, but not limited to supermarkets, grocery stores, food marts, restaurants, variety stores, superstores, non-food stores, etc.
Section 2. This Ordinance shall take effect as provided by City Charter.
#540 – SIGNAGE IN DERBY ST. NEIGHBORHOOD FOR SWEEPING OF STREETS
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That the Salem Police Traffic Division implement signage for the city-wide street sweeping program in the Derby Street Neighborhood District.
#541 – ORDINANCE AMENDING TRAFFIC, SECTION 51B, ONE HOUR PARKING, ESSEX ST. FROM SUMMER TO BARTON SQUARE
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, Parking Prohibited, certain times
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 51B, is hereby amended by adding the following:
Essex Street, eastbound, on the southerly side from Summer Street to Barton Square, One Hour Parking Limit.
Section 2. This Ordinance shall take effect as provided by City Charter.
#542 – ORDINANCE AMENDING TRAFFIC, SECTION 49, STOP SIGN, PRESTON RD.
Councillor O’Keefe 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, Stop Sign
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 49, is hereby amended by adding the following:
“Preston Road, at the intersection with Jefferson Avenue”
Section 2. This Ordinance shall take effect as provided by City Charter.
#543 – USE OF SALEM COMMON BY SALEM POLICE DEPARTMENT
Councillor O’Leary introduced the following Order, on behalf of Councillor Flynn, which was adopted.
ORDERED: That the attached request of the Salem Police Department to use the Salem Common on Thursday, October 31, 2002, be referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#544 – ORDINANCES, LICENSES, AND LEGAL AFFAIRS MEET TO DISCUSS RESIDENT PARKING STICKERS
Councillor Bencal introduced the following Order, which was adopted. Councillors Harvey and Driscoll were recorded as “opposed”.
ORDERED: That the committee on Ordinances, Licenses and Legal Affairs, meet for the purpose of creating a Salem Resident Parking Sticker. The intent of said sticker would be consolidating resident parking stickers, Winter Island Stickers, and allow for easy residential identification for access to other “Salem Only” facilities. The Parking Director, a representative of the Police Department, a representative of the City Clerk’s Office, and a representative of the Neighborhood Association be invited to appear before the Committee.
#545 – ORDINANCE AMENDING SALARY AND CLASSIFICATION, STIPENDS PAID TO CITY CLERK’S DEPARTMENT
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 Salary and Compensation
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Section 2-52, of the Salem Code of Ordinances is hereby amended by deleting the following:
Clerk of Board of Registrars 1,600.00
Clerk of City Council 3,000.00
Clerk of Committees 500.00
Asst. Clerk of City Council 3,000.00
Budget Clerk 500.00
And inserting in place thereof, the following:
Asst. Clerk of City Council 4,000.00
Election Asst. to City Clerk 3,500.00
Budget Clerk 700.00
Section 2. This Ordinance shall take effect as provided by City Charter.
#546 – ORDINANCE AMENDING TRAFFIC, SEC. 50B, HANDICAP PARKING, ESSEX ST., HAZEL ST., LEMON ST., AND BUFFUM ST.
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:
“Essex Street, eastbound, in front of #299, for a distance twenty (20) feet. Handicap Parking, Tow Zone, One hour Limit”
“Essex Street, eastbound, in front of #265 for a distance of twenty (20) feet. Handicap parking. Tow Zone, One-hour limit”
“Hazel Street, in front of #30, for a distance of twenty (20) feet. Handicap Parking, Tow Zone.”
“Lemon Street, in front of #9, for a distance of twenty (20) feet. Handicap Parking, Tow Zone”
“Buffum Street, in front of #60 for a distance of twenty (20) feet. Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#547 – CONDUIT INSTALLATION BY SALEM STATE COLLEGE ON RAINBOW TERRACE AND RAYMOND RD.
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That a hearing be held on Thursday, September 26, 2002 on the petition of Salem State College to install underground conduits in portions of Rainbow Terrace and Raymond Road.
#548 – BLOCK PARTY, HODGES COURT
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That the residents of Hodges Court be allowed to hold a Block Party on Saturday, September 21, 2002 from 5:00 P.M. to 9:00 P.M., with a raindate of September 28, 2002.
#549 – GOVERNMENT SERVICES DISCUSS 911 EMERGENCY IDENTIFICATION SYSTEM
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Chief of Police or a representative of the Police Department be invited to appear before the Committee on Government services relative to address identification problems with the City’s enhanced 911 system.
#550 – GRANTING CERTAIN 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 Mark Adams, 59 Goodale Street, Peabody
#551 – (#465) – ORDINANCE AMENDING NOISE CONTROL, LAWNMOWERS AND POWER LANDSCAPING TOOLS
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 an Ordinance relative to the operation of lawn mowers and landscaping tools has considered said matter and would recommend that the attached Ordinance be adopted for first passage, as amended by the Committee.
Councillor Harvey moved that the matter be tabled. It was so voted by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Driscoll, Furey, Harvey, Lovely, Sargent, and Flynn were recorded as voting in the affirmative. Councillors Bencal, Chuber, DeToma, O’Keefe, and O’Leary were recorded as voting in the negative.
#552 – (#514) – USE OF SALEM COMMON BY NORTH SHORE MEDICAL CENTER FOR CANCER WALK
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 request of North Shore Medical Center to hold a Cancer walk has considered said matter and would recommend that the request be approved, subject to approval of the Police Department.
#553 – (#382) – PROPOSED TRAFFIC CHANGE FOR DODGE ST. AND DODGE ST. COURT
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 a proposed traffic change on Dodge Street and Dodge Street Court has considered said matter and would recommend that the Police Department consider the elimination of parking on the opposite side of Walgreen’s Drugstore (eastside), and that they consider the striping of Dodge Street Court.
#554 – (#498) – EASEMENT FOR EASTERN BANK
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 by a unanimous hand vote.
The Committee on Ordinances, Licenses, and Legal Affairs to whom was referred the matter of an Order to authorize the Mayor to execute a grant of easement to Eastern Bank has considered said matter and would recommend that the easement be approved.
#555 – (#502) – ORDINANCE, HOURS OF OPERATION, RETAIL ESTABLISHMENT, PROVIDING A POLICE DETAIL.
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 by a roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Bencal, DeToma, Furey, Harvey, O’Keefe, and Sargent were recorded as voting in the affirmative. Councillors Chuber, Driscoll, Lovely, O’Leary, and Flynn were recorded as voting in the negative.
The Committee on Ordinances, Licenses, and legal Affairs to whom was referred the matter of hours of operation of retail business/police details has considered said matter and would recommend that the attached Ordinance be adopted for first passage, as amended by the Committee.
#556 – (#501) – ORDINANCE ESTABLISHING DEPARTMENT OF OPEN SPACE
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 unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
The Committee on Administration and Finance to whom was referred second passage of an Ordinance to amend an Ordinance relative to the Cemetery Shade Tree and Moth Suppression Department, and the Salary and Classification of certain employees of the City of Salem, has considered said matter and would recommend approval.
#557 – CITY SOLICITOR SUBMITTING ORDINANCE AMENDMENT RELATIVE TO TRANSIENT VENDOR ORDINANCE
A communication from City Solicitor John Keenan submitting a final draft of the Transient Vendor Ordinance, was adopted for first passage and referred to the Committee of the Whole by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
In the year two thousand and two
An Ordinance to amend an Ordinance relative to Transient Vendors, Hawkers, Peddlers and Solicitors
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 28 of the Salem Code of Ordinances, is hereby amended by deleting this Chapter in its entirety, and inserting in place, thereof, the following:
ARTICLE 1. IN GENERAL
Secs. 28-1--28-25. Reserved.
ARTICLE 11. TRANSIENT VENDORS, HAWKERS, PEDDLERS AND SOLICITORS DIVISION 1. GENERALLY
Sec. 28-26. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Hawker, peddler, or solicitor means any person who, for himself or for another person, travels by foot, automobile or any other type of conveyance from place to place, from house to house, or from street to street, taking or attempting to lease or take orders for retail sale of goods, wares, merchandise, or services, including without limitation the selling, distributing, exposing for sale or soliciting orders for magazines, books, periodicals or other articles of any nature; for the contracting of all home improvements; or for services to be performed in the future, whether or not such individual has, carries or exposes for retail sale a sample of the subject of such sale or whether he is collecting advance payment on such retail sale or whether he is soliciting contributions for any purpose.
Transient vendor means any person, either principal or agent, who offers for sale or barter any foods, beverages, goods, merchandise or services, either hand-carried or from any vehicle, cart or booth, on any public or private street.
(Code 1973, § 30-1)
Vending location is an area (no larger than 10 x 10 feet) within the B-5 district designated by the licensing board to be used for vending.
Vending equipment is the cart, booth or table, not to exceed 4x8 feet in size (or other configuration not to exceed 32 square feet) and placed within the vending location.
Cross reference(s)--Definitions generally, § 1-2.
Secs. 28-27--28-55. Reserved.
DIVISION 2. TRANSIENT VENDORS
Sec. 28-56. License required.
Except as provided in section 28-61, transient vending shall be restricted to the B-5 zoning district and the Salem Common. No transient vendor shall sell or offer for sale any foods, beverages, goods, merchandise or services throughout the B-5 zoning district of the city until he has been issued a license from the city licensing board. (Code 1973, § 30-2)
Sec. 28-57. Procedure for obtaining license.
(a) An applicant for a transient vendor's license throughout the B-5 zoning district the Salem Common shall apply to the city licensing board. The cost for such license shall be not less than $2,000.00 or more than $3,500.00 annually. Such fee shall be set by the licensing board annually. Licenses will be issued for the five specific locations throughout the B-5 zoning district of the city. The seven license holders in 1995 shall be guaranteed licenses and grandfathered until such time as they do not renew their licenses, then the number would drop to five. The licensing board shall have the right to adopt and implement further lawful regulations and restrictions consistent with this division.
Vendors outside the B-5 zoning district must purchase annually a license from the licensing board or the Commonwealth of Massachusetts Division of Standards. The fee for the city license shall be the same as that set for the state ($62.00). Vendors purchasing state licenses will not be charged any additional fees locally but are subject to all local rules and regulations. (See Mass. Gen. L. c. 101).
(b) Approved licensees and assigned locations shall be chosen by lottery by the licensing board on or before April 1.
(e) All transient vendors selling food or beverages shall be required to obtain a permit from the city health department. All weighing and measuring devices must be inspected and sealed by the city sealer of weights and measures.
(d) Restrictions in size may be required depending upon vendor location.
(e) Signage for each transient vendor location shall be limited to no more than four square feet of signage on the cart or booth.
(Code 1973, § 30-3)
Sec. 28-58. Identification required.
All transient vendors operating within the B-5 zoning district of the city shall be required to prominently display a license, obtained from the licensing board, which provides the name and address of the licensee and bears a recent photograph of the licensee. (Code 1973, § 30-4)
Sec. 28-59. Conduct of business.
All transient vendors operating within the B-5 zoning district of the city shall be governed by the following restrictions:
(1) No transient vendor shall cry his wares to the disturbance of the peace and comfort of the city inhabitants.
(2) All transient vendors shall operate from carts or booths that are neat and clean and that do not leak. Automobiles and trucks that are used to transport carts or booths may not be parked near or adjacent to the place of business.
(3) All transient vendors shall clearly and prominently post prices for all foods, beverages, goods, merchandise and services offered for sale. (Code 1973, § 30-5)
(4) Covers for said carts, booths or table may be used in the form of umbrellas or tent/canopies, white being the preferred color. Tents/canopies shall not be larger than 1 Ox 1 0 feet. Tents/canopies are to be used for cover only, not for display of wares. Advertising is prohibited upon said covers.
Sec. 28-60, Revocation and expiration of license.
(a) Any license granted by the licensing board under this division may be revoked by the board for good cause after reasonable notice to the licensee and a hearing upon the grounds of the revocation. Any licensee who violates any section of this division on three occasions shall be deemed to have provided sufficient cause for revocation of that license.
(b) Unless sooner revoked, any license granted by the licensing board under this division shall be valid for the period beginning April 1 and ending March 30. (c) Upon revocation or expiration of any license, such license shall revert to the city licensing board. Midyear transfers of licenses shall be allowed, conditioned upon approval by the licensing board.
(Code 1973, § 30-6)
Sec. 28-61. Issuance of one-day license.
(a) The licensing board reserves the right to issue a one-day license to any transient vendor for the B-5 District for a fee of not less than $150.00. nor more than $500.00. Fee to be set by the Licensing Board annually on the first meeting in the month of March.
(b) The following procedures shall apply to all vendors granted one-day licenses in the B-5 district:
1 . All applications when received shall be stamped with the time and date by the Licensing Board Clerk.
2. The Licensing Board will assign vendor locations in the order they are received.
3. Depending upon locations, one additional license may be granted for said location.
4. Vendors granted an additional license shall arrange their cart(s), booth(s) or table(s), including storage, in a manner not to exceed the 10 x 10 feet area at said location
5. The Licensing Board reserves the right to limit locations and number of licenses granted.
(Code 1973, § 30-7)
Sec. 28-62. Temporary license to sell articles for charitable purposes.
The city licensing board shall, under such conditions as it may deem proper, grant to any organization engaged exclusively in charitable work or to a part of any incorporated organization of veterans who served in the military services of the United States in time of war or insurrection a special license authorizing it, upon a particular day and for a charitable purpose named in such license, to sell, through its accredited agents in the streets and other public places within the B-5 zoning district of the city or in any designated part thereof, flags, badges, medals, buttons, flowers, souvenirs, similar small articles, food and beverages; provided that no person under 16 years of age shall be accredited as such agent, that each agent shall wear in plain sight while engaged in selling such articles a badge, provided by such organization or
post and approved by the licensing board, bearing upon it the name of such organization or post and the date on which the license is to be exercised, and that no such agent shall be authorized to make or attempt to make such sales in front of any private premises against the objection of the owner or occupant thereof. The fee for such a license will be waived. Any organization selling food or beverages shall also be required to obtain a permit from the city health department.
(Code 1973, § 30-8)
Sec. 28-63. Transient vendors operating outside B-5 zoning district.
No transient vendor shall sell or offer for sale any food, beverages, goods, merchandise or services outside the B-5 zoning districts of the city until he:
(1) Has been issued a license from the director of standards of the commonwealth under M.G.L.A. c. 1 01; or
(2) Conforms to the requirements of section 28-91 relative to hawkers, peddler and solicitors.
(Code 1973, § 30-9)
Sec. 28-64. Enforcement.
This division shall be enforced by the licensing board and its licensing inspector. (Code 1973, § 30-1 0)
Secs. 28-65--28-90. Reserved.
DIVISION 3. HAWKERS, PEDDLERS AND SOLICITORS
Sec. 28-91. License required.
It shall be unlawful for any hawker, peddler or solicitor, as defined in section 28-26, to engage in such business within the city without first obtaining a license therefore in compliance with this division. This division shall not apply to any person exempted under M.G.L.A. c. 1 01 or to any person exempted by any other general law nor shall this division be construed to prevent route salespersons or other persons having established customers to whom they make periodic deliveries from calling upon such customers or from making calls upon prospective customers to solicit an order for future periodic route deliveries.
(Code 1973, § 30-1 1)
Sec. 28-92. Application for license.
(a) An applicant for a peddler's, hawker's, or solicitor's license shall file with the chief of police, on a form issued by the police department, a written application signed under the penalties of perjury, containing the following information-.
(1) The name of the applicant.
(2) The address of the applicant (local and permanent home address).
(3) The applicant's height, weight, eye and hair color.
(4) The applicant's social security number.
(5) The length of time for which the right to do business is desired.
(6) A brief description of the nature of the business and the goods to be sold.
(7) The name and home office address of the applicant's employer. If self-employed, it shall so state.
(8) A photograph of the applicant, which picture shall be submitted by the applicant and shall be two inches by two inches showing the face, head, and shoulders of the applicant in a clear and distinguishing manner.
(9) If operating a motor vehicle, the year, make, model, motor number, registration number, state of registration, and the vehicle's owner and address.
(b) At the time of filing the application, each person covered under the license shall pay a nonrefundable fee of $25.00.
(Code 1973, § 30-12)
Sec. 28-93. Investigation of application and issuance of license.
(a) Upon receipt of the application for the license required by this division, the chief of police shall investigate:
(1) The status of the business or charity in the office of the city clerk and the office of the secretary of state.
(2) The existence of consumer complaints against the applicant in the office of the attorney general.
(3) The criminal and probationary record of the applicant, either by information volunteered or background information obtained from public records or other legal means.
(b) After the investigation of the applicant, but within 14 business days of the filing of the application, the chief of police shall endorse on such application his approval or disapproval. Failure of the police chief to act on the application within 14 business days of the applicant's filing shall constitute approval. If disapproved, the applicant shall have the right of appeal to the city council in writing within seven days of the denial by the chief of police. The city council must act upon the appeal at its next two regularly scheduled meetings. Failure to so act shall be deemed approval.
(c) Such license when issued shall contain the signature of the chief of police or the approval by the city council; shall show the name, address, and photograph of the licensee; and shall show the date of issuance and the length of time the license shall be operative, as well as the license number. The police department shall keep a record of all licenses issued for a period of six years. Hawkers, peddlers and solicitors, when engaged in the business of hawking, peddling or soliciting, are required to display an identifying badge issued by the police department, by wearing such badge on an outer garment. Each licensee is required to possess an individual license.
(Code 1973, § 30-13)
Sec. 28-94. Enforcement.
The police department shall enforce this division. (Code 1973, § 30-14)
Sec. 28-95. Transferability of license.
No license issued under section 28-93 shall be transferred. (Code 1973, § 30-14)
Sec. 28-96. Revocation of license.
The chief of police is vested with jurisdiction over the revoking of licenses issued under section 28-93. Any person aggrieved by such revocation may appeal to the city council within seven business days, and a hearing will be scheduled for one of the next two regularly scheduled meetings of the city council.
(Code 1973, § 30-15)
Sec. 28-97. Expiration of license.
Each license issued under section 28-93 shall continue in force from the date of its issue until December 31 following, unless sooner revoked.
(Code 1973, § 30-16)
Sec. 28-98. Renewal of license.
A license issued under section 28-93 may be renewed by the chief of police. An applicant requesting a renewal must apply in person and provide such information as is required to obtain an initial license.
(Code 1973, § 30-17)
Sec. 28-99. Misrepresentation.
(a) No hawker, peddler or solicitor licensed or exempted from obtaining a license may misrepresent, in any manner, the buyer's right to cancel as stipulated by M.G.L.A.
c. 93, 93A, and 255D.
(b) No hawker, peddler or solicitor licensed or exempted from obtaining a license may use any plan, scheme or ruse which misrepresents the true status or mission of the person making the call in order to gain admission to a prospective buyer's home, office, or other establishment with the purpose of making a sale of consumer goods or services.
(Code 1973, § 30-18)
Sec. 28-100. Trespassing.
It shall be unlawful for any hawker, peddler or solicitor to enter the premises of a resident or business who has displayed a sign or poster stating "no trespassing" or "no soliciting." Further, it shall be unlawful for hawkers, peddlers, or solicitors to ignore a resident's or businessperson's no solicitation directive or remain on private property after its owner has indicated that the hawker, peddler or solicitor is not welcome. It shall be unlawful for any hawker, peddler, or solicitor to enter any premises of a resident before the hours of 9-.00 a.m. or after the hours of 9:00 p.m.
(Code 1973, § 30-19)
Sec. 28-1 01. Penalty for violation of division.
Any person violating any section of this division shall, upon conviction, be punished by a fine not to exceed $1 00. 00 for each and every offense.
(Code 1973, § 30-20)
Sec. 28-102. Exemptions.
There is exempt from this division all nonprofit organizations whose membership shall consist of participating youth groups under the age of 16 and all candidates and their representatives who are seeking election to public office. (Code 1973, § 30-21)
Secs. 28-103--28-130. Reserved.
ARTICLE Ill. TRANSIENT PHOTOGRAPHERS DIVISION 1. GENERALLY
Sec. 28-131. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Transient photographer means a person who for profit goes in and upon private residences without advance authorization from the occupant for the purpose of taking photographs; who solicits the taking or the sale of photographs or the performance of other photographic work; or who takes, finishes, colors, enlarges or sells photographs on any public street, sidewalk, park or other public property, in any vehicle or portable structure or in a studio or place he temporarily uses or occupies. His occupancy shall be deemed "temporary" if the individual is not a legal city resident or if he has not occupied the studio or place continuously for a period of six months and does not own it or occupy it under a lease or other agreement giving him the right to exclusive possession for at least six months. The term "transient
photographer" shall not include any person engaged in the gathering of news for any newspaper, magazine or news service. (Code 1973, § 29-1)
Cross reference(s)--Definitions generally, § 1-2.
See. 28-132. Conduct of business.
Each person licensed under this article shall conduct his business honestly, without misrepresentation, and in a businesslike manner.
(Code 1973, § 29-2)
Sec. 28-133. Adjustment of claims for loss or bad work.
Each person licensed under this article shall promptly adjust every claim for defective workmanship or loss of articles.
(Code 1973, § 29-3)
Sec. 28-134. Return of original photograph.
When any person licensed under this article accepts any photograph for enlargement or other photographic work, he shall do the work agreed upon and shall return the original photograph to the customer.
(Code 1973, § 29-4)
Sec. 28-135. Impeding traffic in public place; remaining in place more than five minutes. In taking photographs in a public place, each person licensed under this article shall not impede vehicular, motor, or pedestrian traffic, or remain longer than five minutes in any one location.
(Code 1973, § 29-5)
Sec. 28-136. Penalty.
Any person violating any section of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished by a fine of not to exceed $20.00.
(Code 1973, § 29-6)
Secs. 28-137--28-ltDo. reserved
DIVISION 2. LICENSE
Sec. 28-166. Required.
No person shall engage in the business of transient photographer without first obtaining a license from the city council. The city council shall not issue more than five licenses for every 50,000 inhabitants. Each employee of any person licensed under this division shall have a license required under this division, which shall be in addition to the license required of his employer.
(Code 1973, § 29-21)
Sec. 28-167. Application; information required.
Application for the license required by this division shall be made to the city clerk. The application shall state the full name and address of the applicant; the location of the studio or other place in the city where the business is to be conducted or, if none, of the studio or place elsewhere where the processing is to be done on photographs taken in the city; the period for which the license is desired; the type of business to be conducted; and such other information as is required by the application form. (Code 1973, § 29-22)
Sec. 28-168. Investigation; fee.
The city council may license any applicant who seeks a license to carry on the business of transient photographer under this division, but only after an investigation by the city marshal and the submission of his recommendations to the city council. The fee for each such license shall be as provided in section 14-38 for each person so licensed. (Code 1973, § 29-23)
Sec. 28-169. Term; transferability.
Each license granted under this division shall be valid for the period specified in the license, but no license shall extend beyond December 31 of the year issued. No license shall be transferable from one person to another.
(Code 1973, § 29-24)
Sec. 28-170. Carrying and display.
Each license issued pursuant to this division shall be carried by the licensee or shall be conspicuously posted in his studio or place of business. Such license shall be shown to anyone upon request. Each employee of any licensee to whom a license has been issued under section 28-166 shall likewise carry his license and shall show it upon request.
(Code 1973, § 29-25)
Sec. 28-171. Conditions.
Every license granted under this division shall be granted subject to the requirements of this article and of any other applicable section of this Code, city ordinance or state law. (Code 1973, § 29-26)
Sec. 28-172. Revocation.
Every license issued pursuant to this division may be revoked by the city council for a violation of any section of this article after the licensee has first been given a reasonable notice and an opportunity to be heard before the city council or any committee thereof. (Code 1973, § 29-27)
Section 2. This Ordinance shall take effect as provided by City Charter
#558 – POLE RELOCATION ON BARNES CIRCLE
A hearing was ordered for September 26, 2002 on the petition of Verizon for a pole relocation on Barnes Circle.
#559 – GAS MAIN LOCATION ON HARBOR ST.
The petition from Keyspan Energy for a gas main location on Harbor Street was granted.
#560 – REQUEST FOR COIN OPERATED AIR PUMPS BY AIR EXPRESS
The request from Air Express to meet with the City Council regarding the Ordinance prohibiting the sale of air at air pumps was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#561 – REQUEST OF DUNKIN DONUTS AT 282 DERBY ST., FOR SPECIAL CLOSING TIME ON OCTOBER 31, 2002.
The request of Bob Jackson of Dunkin Donuts, 282 Derby Street, for a special closing time on October 31, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#562 – # 563 - USE OF SALEM COMMON
The following requests to use the Salem Common, were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Immaculate Conception Church, religious event on August 9, 2003
Salem Y.M.C.A., Halloween events, Oct. 12, 12, 20 & 27, 2002
#564 – Y.M.C.A. ROAD RACE
The request of the Salem Y.M.C.A. to hold a road race on October 27, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#565 – PARADE AND OPENING CEREMONIES, HALLOWEEN
The request of Paul Durand of the Chamber of Commerce, to hold a parade and opening ceremonies on the Salem Common on October 11, 2002, was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#566 – TEMPORARY FORTUNETELLING STORE LICENSE FOR DIANA MCKANAS
The request of Diana McKanas, for a temporary Fortunetelling Store License for the month of October was referred to the Committee on Ordinances, Licenses, and Legal Affairs.
#567 - #568 – BLOCK PARTIES
The following requests for block parties were granted.
Lee Street, September 13, 2002, raindate September 15, 2002
Turner Street, September 29, 2002
#569 - #576 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
SEAWORMS Jose Bettencourt, 47 ½ Tracey St., Peabody
Eduardo Santos, 4 Collins St., Peabody
TAG DAY S.H.S. Pop Warner Football, October 5, 2002
S.H.S. Marching Band, November 19, 2002
S.H.S. Color Guard, December 7, 2002
D.A.V. May 22, 23, and 24, 2003
Veterans of Foreign Wars, November 10, 11, 12, 2002
TAXI OPERATOR Jonathan Berecz, 100 Washington St., Salem
Francisco Canela, 8 Harris St., Peabody
Brendeall Castillo, 11 Meadow St., Salem
Robert B. Conway, 25 Winter Island Road, Salem
Felipito Guzman, 43 Dow Street, Salem
Ronald Kaplan, 19 Oak Leaf Way, Peabody
Linda Norris, 185R Pleasant St., Marblehead
#577 - #578 – DRAINLAYER/CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator License applications were granted.
Geo Logis, Inc., 35 Commercial Dr., Watertown
#579 - #589 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Mark F. Abodeely, 7 Chandler Rd., Salem
Chubb Group for Michael Griffin, 1 Financial Center, Boston
Jean Marie Cogburn, 22 Winter St., Salem
Todd Delaney, 39 Clifton Ave., Marblehead
Paul J. Dion, 24 Evenglen Ave.,, Danvers
Harriet G. Friedman, 3 Lehman Rd., Marblehead
Adventino Lima, 8 Dark Lane, Peabody
Kalis Lucas for T. Ann Smith, 133 Washington St., Salem
Frank M. Lurvey, 39 Grove St., Salem
Robert W. McBournie, 20 Willow Ave., Salem
Atty. Patricia Nigro for Evelyn Murray, 60 Essex St., Salem
#590 – #591 - BONDS
The following bonds were referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
DRAINLAYER Geo Logis, Inc., 35 Commercial Dr., Watertown
CONSTABLE George J. Bertocchi, 390 Upham St., Melrose
(#503) – SECOND PASSAGE, ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, WASHINGTON STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Washington Street, was then taken up. The Ordinance was adopted for second and final passage.
(#505) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, OCEAN TERRACE, OCEAN AVE., SHORE AVE.
The matter of second and final passage of an Ordinance amending Traffic, Resident Sticker parking, was then taken up. Councillor Driscoll moved to divide the question. It was so voted.
Councillor Driscoll moved to delete Ocean Avenue. It was so voted.
Councillor Driscoll moved to adopt the remainder of the Ordinance for second and final passage. It was so voted.
On the motion of Councillor DeToma, the meeting adjourned at 10:55 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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