A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 9, 2003 at 4:35 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 3, 2003 at 12:12 P.M.
Councillor Driscoll arrived later.
Council President Thomas H. Furey presided.
Councillor DeToma moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Furey requested that everyone please rise to recite the Pledge of Allegiance.
#705 – JOINT POLE LOCATIONS ON CEDARCREST ROAD
A hearing was held on the Order of Verizon and Massachusetts Electric Company for two (2) joint owned poles on Cedarcrest Road. Appearing in favor from was Mr. Bryant from Verizon. There was no one opposed. The hearing was closed. The permit was granted pending resolution of the location with the abutter, and that the placement of the pole take wheelchairs into consideration.
#706 – CONSTABLE
The Mayor’s appointment of the following Constable for a term as designated, was received and filed.
Cecilia G. Cordero, 14 Lynch St., for a term to expire October 24, 2004
#707 – AMENDMENT TO CONTRACT WITH EARTH TECH ENVIRONMENT
The following Order, recommended by the Mayor, was adopted by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Flynn, DeToma, Chuber Bencal, and Furey were recorded as voting in the affirmative. Councillor Driscoll was absent.
ORDERED: That the Mayor and City Council hereby authorize the City Purchasing Agent to amend a three-year contract between the City of Salem and Earth Tech Environment & Infrastructure of Concord, Massachusetts, dated October 11, 1999, for Traffic Study and Data Collection Services for the reconstruction of North Street. Said amendment will extend this contract to October 1, 2004.
#708 – CHARLES HALL CONSTRUCTION FOR WORK ON SUNDAYS IN OCTOBER AT 12 GOODHUE STREET
Councillor Bencal introduced the following Order, which was adopted. Councillor DeToma was recorded as “opposed”.
ORDERED: That the Charles Hall Construction Company be granted permission to work on the construction site located at 12 Goodhue Street on Sundays, October 12, 19, and 26 between the hours of 9:00 A.M. and 5:00 P.M. under the following restrictions:
1. The Charles Hall Construction Co., their subcontractors, and/or their representatives shall make employment on these dates, and at this site, voluntary and shall not allow the employee’s decision to work on these dates affect the employee’s employment status.
2. The Charles Hall Construction Co., their subcontractors, and/or their representatives shall refrain from any retaliation or retribution against any employee who chooses not to work on these dates.
3. Any employee that agrees to work on these dates shall receive no less than eight hours of overtime pay, at a rate of time and one half times the hourly rate or greater, as well as a ten percent Sunday premium pay for every hour they work on these dates. This premium pay shall be factored to the tenth of an hour.
4. Noise shall be kept to the minimum, especially before the noon hour.
5. The City Council reserves the right to revoke this permit at any time.
#709 – INCREASE POLICE PATROLS IN WITCHCRAFT HEIGHTS AND THROUGHOUT CITY ON HALLOWEEN NIGHT
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Police Department increase patrols in the Witchcraft Heights area and throughout the City on Halloween.
#710 – SOLICITOR PURSUE COURT ACTION FOR PROPERTIES WITH CEASE AND DESIST ORDERS
Councillor Harvey introduced the following Order, which was adopted and that the Public Health, Safety and the Environment Committee meet to discuss this Order with the departments involved prior to the next meeting.
ORDERED: That all written communications from the Building Inspector and the City Engineer to the City Solicitor, regarding Building Code violations, be forwarded to the City Council as a whole, in care of the City Clerk.
AND BE IT FURTHER ORDERED: That upon the failure of a property owner to comply with a cease and desist order issued by the Salem Building Inspector and City Engineer for non-compliance with Salem’s Ordinances of Building Code, the City Solicitor shall pursue a court action against said property owner, following the expiration of sixty (60) days from the date of said notice.
#711 – MAYOR RECONSTITUTE THE NEIGHBORHOOD IMPROVEMENT TASK FORCE TO MEET THURSDAY EVENINGS
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the City of Salem reconstitute the Neighborhood Improvement Task Force, which the City Council formed in 1992, consisting of the following inspectional departments: Health, Fire, Building Inspector, City Solicitor, and Electrical. Said Task force to be chaired by the Chief Administrative Aide to the Mayor, who shall also serve as a liaison between the Task Force and the City Council; and a representative of the Police Department also be included.
The mission of said group would be to coordinate inspectional end enforcement activities throughout the City. The Task Force should also hold monthly public meetings on Thursday evenings (Non-City Council nights), to afford resident a central place to lodge complaints about various neighborhood “quality of life” issues, and give our inspectional services an opportunity to meet with residents and follow-up on outstanding issues and concerns.
#712 – ORDINANCE AMENDING STORAGE OF TRAILERS AND RECREATIONAL VEHICLES
Councillor Harvey introduced the following Ordinance.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Storage of Trailers and recreational vehicles
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24 of the Salem Code of Ordinances, is hereby amended by adding the following new section:
Sec. 24-21.1. Keeping of trailers, recreational vehicles, etc.
No person shall park, store, keep, or leave or allow that there be parked, stored, dept, or left any trailer, camper or recreational vehicle of any kind within the city, upon private property, unless said trailer, camper or recreational vehicle is registered to the owner of the property where it is being stored.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor Harvey amended the Ordinance by adding “unless a waiver is granted by the Building Inspector”. The amendment was so voted.
The Ordinance was adopted as amended for first passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Flynn, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillor Driscoll was absent.
The Ordinance shall now read as follows:
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Storage of Trailers and recreational vehicles
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24 of the Salem Code of Ordinances, is hereby amended by adding the following new section:
Sec. 24-21.1. Keeping of trailers, recreational vehicles, etc.
No person shall park, store, keep, or leave or allow that there be parked, stored, dept, or left any trailer, camper or recreational vehicle of any kind within the city, upon private property, unless said trailer, camper or recreational vehicle is registered to the owner of the property where it is being stored, or unless a waiver is granted by the Building Inspector.
Section 2. This Ordinance shall take effect as provided by City Charter.
#713 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, SEC. 50B, HARBOR STREET
Councillor Chuber introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and three
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 50B, is hereby amended by adding the following:
“Harbor Street, in front of #32, for a distance of twenty (20) feet, handicap parking, tow zone.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#714 – ORDINANCE AMENDING TRAFFIC, SEC. 57A, PARKING TIME LIMITED, BRIDGE STREET
Councillor Flynn introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Traffic, Parking Time Limited
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 57A, is hereby amended by adding the following:
“Bridge Street, in front of #93, for a distance of forty (40) feet. Fifteen (15) minute parking.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#715 – RESIDENTIAL TAX EXEMPTION BE EXPLORED
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses, and Legal Affairs meet at a future date prior to the fiscal year 2004 classification hearing to explore the residential tax exemption recently passed by the State Legislature for the City of Cambridge, via a Home Rule Petition, to see if such a plan could work in Salem, and the impact said plan would have on our city finances.
AND BE IT FURTHER ORDERED: That the Mayor, Finance Director, and Assessor be invited to attend.
#716 – NO TRUCKS ALLOWED ON MOFFATT ROAD
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the Salem Police Traffic Division erect a sign “No Trucks” on Moffatt Road near Loring Avenue.
#717 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING ON CYPRESS STREET, AND RESIDENT STICKER PARKING ON LINDEN STREET
Councillor DeToma introduced the following Ordinance, on behalf of Councillor Driscoll, which was adopted for first passage.
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Traffic, Handicap Parking, and Resident Sticker Parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, Handicap Parking, is hereby amended by adding the following:
“Cypress Street, in front of #6, for a distance of twenty (20) feet.”
Section 2. Chapter 42, Section 75, Resident Sticker Parking, is hereby amended by adding the following:
“Linden Street, southbound, on the easterly side, from Loring Avenue to Wisteria Street. Zone E Color Orange, Resident Sticker Parking, Tow Zone.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#718 – TAXI CAB RATES AND OTHER ISSUES
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 taxi cab issues and rates has considered said matter and would recommend the following:
1. That the City Council request the City Solicitor proposed a revised Ordinance on Taxi Cabs for consideration by the Committee on Ordinances, Licenses, and Legal Affairs at its November 20, 2003 Committee meeting.
2. Revised ordinance to require metered city taxis.
3. The Committee to recommend a metered fare structure with a special senior citizen fare to be presented to the City Council at its regular Committee meeting on November 20, 2003
#719 – (#647) – DISCONTINUANCE OF AN UNCONSTRUCTED PORTION OF PARLEE STREET
Councillor Driscoll offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred a proposed discontinuance of a certain portion of Parlee Street has considered said matter and would recommend that a public hearing be scheduled for October 23, 2003 for the discontinuance of a certain undeveloped portion of Parlee Street.
#719A – PETITION TO DISCONTINUE PORTION OF PARLEE STREET
Whereas, in the opinion of the City Council the public necessity and convenience require that a public street or way called Parlee Street should be discontinued as a highway of the city from 21 Parlee Street (Map 14, Lot 52) 478.74 feet from the intersection of Parlee/Crowdis Streets to its intersection with Dell Street as shown on a plan on file in the office of the city clerk, it is hereby Ordered that due notice be given to Ledgewood Hill Realty Trust/DiBiase and Bartlett & Steadman and all others interested, that the City Council intends to discontinue the highway before mentioned, and that Thursday, the 23rd day of October, 2003 at 7:00 P.M. at City Hall, Salem is appointed as the time and place for a public hearing in the matter.
#720 – (#476) – SALE OF CITY LAND AT 14R LAWRENCE STREET
Councillor Driscoll offered the following report for the Committee on Community and Economic Development. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development to whom was referred a proposal to purchase city-owned land on rear Lawrence Street has considered said matter and would recommend that the matter be referred to the Planning Director and Building Inspector for further review and action in accordance with City Ordinance.
#721 – LIST OF REQUESTS TO PURCHASE CITY OWNED PROPERTY
Councillor Bencal offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred Greenledge Street, 126 Highland Avenue, Outlook Avenue, Hillside Avenue, Quadrant Road, and Beacon Street city properties has considered said matter and would recommend that the above listed items be referred to the Committee on Community and Economic Development.
#722 – (#626) – LIGHTING AT MACK PARK PRECINCT LOCATION
Councillor Bencal offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred an Order regarding the lighting at the Mack Park Precinct location has considered said matter and would recommend that the matter be reported as being resolved.
#723 – BUILDING INSPECTOR REQUEST FOR ADDITIONAL WORK HOURS FOR CHARLES HALL CONSTRUCTION ON GOODHUE STREET
The matter of the communication from Thomas St. Pierre, Acting Building Inspector, forwarding a request from Charles Hall Construction to work on Sundays in October at the Goodhue Street site, was taken up earlier, under Motions, Orders, and Resolution.
#724 – JOINT POLE LOCATION ON SKERRY STREET AND BURNSIDE STREET
A hearing was ordered for October 23, 2003 on the petition of Verizon and Massachusetts Electric Company for two (2) joint owned poles on Skerry Street and Burnside Street.
#725 - #732 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAG DAY Veterans of Foreign Ward, Nov. 9, 10, 11, 2003
SHS Cross Country, November 29, 2003
SHS Spanish Club, Oct. 24, 28, 29, 30, 31, 2003
SHS Ski Club, October 26, 2003
Disable American Veterans, May 28, 29, 30, 2004
TAXI OPERATOR John Houpes, 12 Cross St., Beverly
Miguel Castro, 76 Palmer St., Salem
PUBLIC GUIDE Alice Hernandez, 649 Plymouth St., Holbrook
Ann R. McDonald, 95 Audubon Rd., Wakefield
Mollie Steward, 74 Essex St., Apt. #3, Salem
Erin Leddy, 47 Bridge St., Salem
Tracy Majka, 243 7th Street, Apt. 2, Brooklyn, NY
Steven Walsh, 47 Bridge St., Salem
SEAWORM Jose Machado, 3 Emmett St., Peabody
Joe Mendonca, 22 Spring St., Peabody
SECOND HAND
VALUABLE Salem Coin & Jewelry, 149 North St.
TAXI CAB Family Car Service, 389 Derby St., (5 Taxi Cabs)
#733 - #737 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
Nancy Arrigo, 8 Linden Avenue, Salem
Irene P. Murray, 7 Mead Court, Salem
William A. St. Hilaire, 31 Hanson Street, Salem
Kristen Zdanwich, 31 Trask Road, Peabody
SUBROGATE
Commerce Insurance for David J. O’Malley, 11 Gore Rd., Webster
#738 – BOND
The following Bond was referred to the Committee on Ordinances, Licenses, and Legal Affairs and returned approved.
CONSTABLE Cecilia G. Cordero, 14 Lynch Street, Salem
#739 – REAPPOINTMENT OF DEBORAH E. BURKINSHAW AS CITY CLERK FOR TERM TO EXP. NOVEMBER 9, 2006
The matter of the reappointment of Deborah E. Burkinshaw as City Clerk for a term to expire November 9, 2006, was confirmed by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
(#678) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, SEC. 50B, HANDICAP PARKING, HANCOCK STREET
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking on Hancock Street, was then taken up. The Ordinance was adopted for second and final passage.
(#682) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, PROHIBITED MOVEMENTS, SEC. 49A, LORING AVE. & LINDEN STREET
The matter of second and final passage of an Ordinance amending Traffic, Prohibited Movements, Loring Avenue and Linden Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor DeToma, the meeting adjourned at 5:50 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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