A Regular Meeting of the City Council was held in the Council Chamber on Thursday, December 11, 2003 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on December 5, 2003 at 9:27A.M.
All Councillors were present.
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 receipt the Pledge of Allegiance.
#842 - CLASSIFICATION HEARING
A hearing was held on the discussion of the allocation of local property tax levy among the five (5) property classes for fiscal year of 2004, and the residential and open space exemption options and small commercial exemption options. Notice of this hearing was posted on December 5, 2003 at 9:27 AM.
President Furey then turned the Public Hearing over to the Board of Assessors to make a presentation.
Mr. Kulik gave a power point presentation explaining the budget, the source, and the tax Levy. Mr. Kulik introduced his staff.
Councillor Furey then asked the public for their comments. There were several comments from the public.
Councillor DeToma moved that the hearing be closed. It was so voted.
Councillor DeToma requested and received unanimous consent to suspend the rules to go to Motions Orders and Resolutions.
#849 – RESIDENTIAL FACTOR FOR FISCAL YEAR 2004
Councillor DeToma moved that the City of Salem adopt a residential factor
of 85.5233% for the Fiscal Year 2004.
Councillor O’Leary moved that the City of Salem adopt a residential factor of 83.6077%, which was defeated by a roll call vote of 3 yeas, 8 nays, and 0 absent. Councillors Sargent, O’Leary, and O’Keefe were recorded as voting in the affirmative. Councillor Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the negative.
A residential factor of 85.5233% was adopted by a roll call vote of 6 yeas, 5 nays, and 0 nays. Councillors Lovely, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors Sargent, O’Leary, O’Keefe, Harvey, Flynn were recorded as voting in the negative.
Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#850 – OPEN SPACE EXEMPTION FOR FISCAL YEAR 2004
Councillor DeToma moved that the City of Salem NOT adopt an Open Space Exemption for Fiscal Year 2004. This was adopted by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#851 – CITY OF SALEM NOT ADOPT A RESIDENTIAL EXEMPTION FOR FISCAL YEAR 2004
Councillor DeToma moved that the City of Salem NOT adopt a Residential Exemption for fiscal year 2004. This was adopted by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#852 – CITY OF SALEM NOT ADOPT A SMALL COMMERCIAL EXEMPTION FOR FISCAL YEAR 2004
Councillor DeToma moved that the City of Salem NOT adopt a Small Commercial Exemption for Fiscal Year 2004. This was adopted by a roll call vote of 8 yeas, 3 nays, and 0 absent. Councillors Sargent, Lovely, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Leary, O’Keefe, and Harvey were recorded as voting in the negative.
Councilor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Leary moved for a two minute recess and then to return back to the regular agenda. It was so voted.
#843 – APPOINTMENT, DOMINGO J. DOMINGUEZ, COUNCIL ON AGING
The Mayor’s appointment of Domingo J. Dominguez to serve as a member of the Council on Aging Board, for a term to expire December 1, 2006, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow Mr. Domingo to speak.
#844 – APPT. TIMOTHY F. READY PARKING BOARD
The Mayors appointment of Timothy F. Ready to serve as a member of the Parking Board, for a term to expire December 1, 2004, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent.
Councillor O’Leary requested and received unanimous consent to suspend the rules to allow Mr. Ready to speak.
#845 – TRANSFER, ASSESSORS SALARIES PART TIME
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Five Thousand Two Hundred Dollars ($5,200.00) is hereby transferred from the “Assessors-Appraisal Services” Account to the “Assessors-Salaries-Part-Time” Account in accordance with the recommendation of His Honor the Mayor.
#846 – PROPOSED SPECIAL ACT TO IMPOSE A LOCAL EXCISE ON TOURIST RELATED ACTIVITIES
The Mayor’s submitting of a proposed Special Act to impose a local excise on tourist related activities was referred to the Committee on Administration and Finance.
Councillor O’Keefe and Flynn were recorded as “opposed”.
#847 – MAYOR’S RECOMMENDATION FOR FISCAL YEAR 2004 TAX CLASSIFICATION
The Mayor’s recommendation for the fiscal year 2004 Tax Classification was received and filed.
#848 – APPROPRATION, POLICE DEPARTMENT
The following Order was received after the deadline of Tuesday noon.
Councillor DeToma requested and received unanimous consent to suspend the rules to allow the matter before the Council.
ORDERED: That the sum of One Hundred Fifty Seven Thousand Six Hundred Eighteen Dollars ($157,618.00) is hereby appropriated to the “Capital Outlay – Equipment” Account to be expended for the purchase of five (5) Ford Crown Victoria fully – equipped police cruisers and one (1) 2004 Ford Crown Victoria fully-equipped police cruisers and one (1) 2004 Ford Crown Victoria fully-equipped administrative sedan for the Police Department in accordance with the recommendation of His Honor the Mayor.
Councillor DeToma moved that the order be referred to the Committee on Administration under the rules.
#853 – RESOLUTION, PRESERVATION OF SALEM WOODS
Councillor DeToma introduced the following resolution.
WHEREAS, the Salem City Council supports the preservation of Salem Woods and is not in favor of the expansion of the Salem Municipal Golf Course into Salem Woods,
WHEREAS, Salem Woods is the last and largest remaining open public space in the City of Salem,
BE IT RESOLVED, that the portion of Highland Park, also known as Salem Woods, not currently being a golf course, be preserved in perpetuity, in its natural, unimproved state for the sole purpose of serving as a public park, with walking and hiking trails.
BE IT RESOLVED, that nothing in this resolution is deemed to prevent improvements to said land which are in keeping with preserving it in its natural state and intended to enhance the public’s ability to enjoy the park’s walking and hiking trail.
Councillor O’Leary moved that the resolution was out of order because it was Park Land.
Council President Furey ruled that the resolution was not in order.
Councillors Harvey and DeToma challenged the chair. This was adopted by a roll call vote of 8 yeas 3 nays, and 0 absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber and Bencal were recorded as voting in the affirmative. Councillors O’Leary, O’Keefe and Furey, were recorded as voting in the negative.
Councillor O’Leary assumed the chair.
Councillor Furey requested unanimous consent to allow the City Solicitor to speak.
Councillor DeToma objected.
Council President Furey resumed the chair.
The resolution was adopted by a roll call vote of 8 yeas, 3 nays, and 0 absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber and Bencal were recorded as voting in the affirmative. Councillors O’Leary, O’Keefe and Furey, were recorded as voting in the negative.
Councillor DeToma moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#854 - ORDER, CONSERVATION OVERLAY DISTRICT
Councillor Driscoll introduced the following Order.
Councillor O’Leary amended to add Highland Avenue and Dell Street.
Councillor O’Keefe amended to add Leggs Hill Road.
The Order was adopted as introduced by a roll call vote of 8 yeas, 3 nays, and 0 absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber and Bencal were recorded as voting in the affirmative. Councillors O’Leary, O’Keefe and Furey, were recorded as voting in the negative.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
ORDERED; That a Joint Public Hearing with the Planning Board be held on December 29, 2003 to review the proposed Zoning Ordinance.
Be it further Ordered: that a copy of this proposed ordinance be forwarded to the City Solicitor and the Park and Recreation Commission.
#854A – ORDINANCE, CONSERVATION OVERLAY DISTRICT
In the year two thousand and three
An Ordinance Conservation Overlay District
Be it ordained by the City Council of the City of Salem, as follows:
Section 1 (a) Purpose. The purpose of the Conservation Overlay District is to augment underlying zoning regulations in designated areas in order to:
(1) promote conservation of soil, water, plants and natural resource areas;
(2) protect and enhance habitat and wildlife:
(3) preserve historic open space, passive recreation, and nature study areas within the community;
(4) prevent soil and groundwater pollution;
(5) foster more effective environmental protection;
(6) ensure that such areas are improved in a manner which is in the best interest of the city.
(b) Applicability.
(1) The Conservation Overlay District shall be established along the areas designated on the zoning map. The boundaries of the overlay shall be interpreted as following the boundaries of Highland Park.
(2) Properties within such district shall be controlled by the regulations of underlying zoning districts, except as specified within this ordinance. In instances of conflicting requirements, the restrictions listed below shall prevail.
(3) The requirements of this section shall not apply to work performed to maintain or repair the existing uses within Highland Park.
(c ) Uses and Other Requirements
In addition to the general purposes recited above in Section (a), the Conservation Overlay District is intended to protect Salem’s last remaining acreage of historic natural resource areas, in particular Highland Park, from the negative effect and intrusion of additional development; to provide for safe, continuous public access to, from, and within Highland Park; and to enhance open space within existing greenbelts by means of suitable buffer zones to assure and reclaim reasonable public and visual access to existing natural resource areas.
The following requirements shall apply to all properties and uses within the Conservation Overlay District.
Unless otherwise exempt pursuant to this subsection, no alteration, addition, construction, reconstruction, or expansion of any buildings, uses or structures within the Conservation Overlay District shall be permissible.
The expansion, development, or alteration of existing facilities or uses located within the Conservation Overlay District, including the expansion of the existing municipal golf course, shall be specifically prohibited, with the exception that (1) the expansion or creation of walking paths and nature trails within the overlay district area shall be permissible; (2) the expansion of the existing buildings or uses associated with the current municipal golf course shall be permissible provided that any expansion shall not exceed the footprint of the existing area designated for the golf course; (3) temporary uses customarily and incidental to existing facilities shall be permissible
(d) Severability
If any of the provisions of this ordinance are deemed unlawful, the remaining provisions shall remain in full force and effect.
Section 2. This Ordinance shall take effect as provided by City Charter.
#855 – PUBLIC HEARING RE: SNOW REMOVAL
Councillor Bencal introduced the following Order.
ORDERED: That the City Council Committee of the Whole, conduct a public hearing to discuss the snow removal efforts of the City of Salem during the storm of December 6-8, 2003. Invited to the hearing shall be the Director of Public Works, the Mayor or his representative, as well as the residents and business owners of the City of Salem.
Councillor O’Keefe amended to hold the hearing on December 29.
The Order was adopted as introduced.
#856 – COMMITTEE OF THE WHOLE MEET RE: ISO MEETING, POWER PLANT
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet with the Mayor and all appropriate staff to discuss the ISO meeting and any ISO City or State Government ideas or decisions on the Salem Power Plant.
And be it further Ordered, that this be scheduled for the first of January.
#857 – FEE FOR PARKING TICKET FOR SNOW REMOVAL
Councillors Flynn and Lovely introduced the following Order, which was referred to committee.
ORDERED: That the price of a ticket for parking during a snow parking ban and interfering with snow removal be raised from $15.00 to $25.00
#858 – COMMITTEE ON PUBLIC HEALTH, SAFETY AND ENVIRONMENT MEET RE: DECEMBER 6 POWER OUTAGE
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That representatives of the Power Plant be invited to appear before the Committee on Public Health, Safety, and the Environment, to report the results of their inquest into the cause of the power outage that occurred the evening of Saturday, December 6th, and that was preceded by a loud noise and bursts of bright light.
#859 – CITCO STATION, NORTH STREET, EXTENDED HOURS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Citco station located on North Street be allowed to remain open until midnight until December 31, but not including December 24th and 25th. Further, that the proprietors of this business shall insure that no loitering or excessive noise be allowed.
#860 – COMMITTEES MEET RE: STUDY OF SCALE FOR FINES
Councillor Chuber introduced the following Order, which was adopted and carried over to the next year.
ORDERED: That the Committee on Ordinances, Licenses, and Legal Affairs, study the feasibility and desirability of expressing any fines imposed by the Council as a factor of an index that is reflective of increased overall prices, for example the minimum wage. In addition, a dollar amount can be given to indicate how that translates into dollars at the time the Ordinance is created. Amounts to be rounded off to the nearest dollar.
Examples from Ordinances that are due for second passage today:
Ordinance relative to Traffic, Commercial Vehicle Parking.
Any person who violates any provision of this section shall be subject to a fine of 3.7 times the minimum wage. Today that would be $6.75 X 3.7 or $25.00 dollars.
Ordinance relative to Police, Anti-Gang Recruitment.
Any person who is found responsible for violating any of the provisions of this ordinance shall be liable for non-criminal fine of not less than shall be subject to a fine of not less than 14.8 times the minimum wage (today that would be $6.75 X 14.8 or $100.00 dollars) and not more than 44.44 times the minimum wage (Today that would be $6.75 x 44.44 or $300.00 dollars)
#861 – COMMITTEE ON GOVERNMENT SERVICES MEET RE: PARKING, SALEM JAIL PROPERTY LOT
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Planning Department determine who is parking in the small parking lot located on St. Peter Street on the Salem Jail property and when said determination is made move to designate that lot to the residents and guests of the Morency and Dalton Residence Buildings until such time that the Jail properly is developed.
And that the matter be referred to the Committee on Government Services for further review.
#862 – SPECIAL MEETING SCHEDULED, DECEMBER 29, 2003
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: request that a Special Meeting of the City Council be held on Monday, December 29, 2003 at 6:00 P. M. to discuss the Conservation Overlay District and any other matters.
#863 – CHARLES HALL CONSTRUCTION COMPANY, PERMISSION TO WORK SUNDAYS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Charles Hall Construction Company be granted permission to work on the construction site located at 12 Goodhue Street on Sundays, December 14e and 21, 2003 between the hours of 9:00 A. M. and 5:00 P. M. as well as daily (Monday to Saturday) until 7:00 P. M. from December 12 to December 23, 2003, provided the following conditions are mete;
1. The Charles Hall Construction Company, their subcontractors, and/or their representatives shall make Sunday and overtime work voluntary and shall not all the employee’s employment status.
2. The Charles Hall Construction Company, their subcontractors, and/or their representatives shall refrain from any retaliation or retribution against any employees who chooses not to work on Sundays.
3. Overtime payment, at one and one half of the hourly wage, shall be paid for all hours worked in excess of eight in one day and/or in excess of forty hours per week.
4. For hours worked on Sunday, employees shall receive no less than a ten percent increase in their hourly wage.
5. Sunday work shall be restricted to the interior of the building.
6. The City Council reserves the right to revoke this permit at any time.
#864 – ORDINANCE, ESTABLISHING , MINIMUM EXTERIOR STANDARDS FOR STRUCTURES
Councillor Driscoll introduced the following Ordinance, which was referred to the Committee on Ordinances, Licenses, and Legal Affairs and carried over to the next year.
WHEREAS, the property values and general welfare of the community are founded, in part, upon the appearance and maintenance of private properties; and
WHEREAS, it is determined exterior conditions of certain buildings and structures have from place to place throughout the City, fallen below the standards of minimum maintenance, as defined herein; and
WHEREAS, it is determined there is a need for the creation of certain standards of minimum maintenance as to the exterior of buildings and structures within the City of Salem; and
WHEREAS, it is determined the existence of such conditions, as described in this article as “substandard conditions,” are injurious to the public health, safety, and welfare of the residents of the City; and contribute substantially to the deterioration of the neighborhoods, and their property value; and
WHEREAS, it is determined corrective measures in the form of minimum maintenance standards are required to alleviate such existing substandard conditions, which would lead to the depreciation of the social and economic standards of the community; and
WHEREAS, it is determined the abatement of such substandard conditions will improve the general welfare and image of the City; and
WHEREAS, it is determined the establishment of certain standards of minimum maintenance, as described in this Ordinance, reasonably relates to the property exercise of the City’s police power, as set forth in Massachusetts General Laws, Chapter 111, to protect the health, safety, and general welfare of the public.
NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALEM, as follows:
That a new section of the Code of Ordinances entitled “Minimum Exterior Standards for Structures” be enacted, as follows:
Section PURPOSE AND SCOPE
Purpose – the purpose of this Ordinance is to promote the public health, safety, morals and welfare of the citizens of the City of Salem, by protecting and preserving the neighborhoods of the City against hazardous, blighting, and deteriorating influences or other such substandard conditions by establishing standards of minimum maintenance for the exterior of all buildings and structures.
Scope – the Ordinance shall apply to the exterior maintenance of all buildings and structures within the City of Salem, except where such buildings and structures are otherwise specifically provided for by other applicable City rules and regulations. The provisions of this Ordinance shall control all matter of exterior standards for buildings and structures, whether vacant or occupied, and all parts thereof.
SECTION DEFINITIIONS
Building – A structure enclosed with exterior walls or firewalls, built, erected and framed of any materials or any combination thereof, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals, or property. For the purpose of this definition, “roof” shall include an awning or similar covering, whether or not permanent in nature.
The word “building” shall be construed where the context requires as though followed by the words, “or part of parts thereof.”
Owner – As used in this Ordinance, shall mean every person, alone or severally with others who:
1. Has legal title to any building or parcel of land, vacant or otherwise; or
2. Has care, charge or control of any building, or parcel of land, vacant or otherwise, in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or
3. Is a mortgage in possession of any such property; or
4. Is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property.
Section MINIMUM STANDARDS FOR EXTERIOR MAINTENANCE OF BUILDINGS OR STRUCTURES
The exterior of all buildings and structures within the City of Salem shall comply with the following standards of minimum maintenance:
(a) Foundations.
All foundations hall be free of holes and breaks and shall safely support the structure at all points. All foundation walls shall be kept in good safe, sound condition and free of holes, cracks and breaks.
(b) Exterior Walls
All exterior walls and trim shall be free of holes, breaks, loose, or rotting boards
or, timbers, or paint that is deteriorated, as indicated by peeling, flaking, cracked, blistering or mildew, resulting in exposed, bare, unprotected surfaces and other conditions which might admit rain or dampness to interior portions of the walls or to the occupied spaces of the building. The exterior surface siding shall be maintained weatherproof and shall be surface coated to prevent deterioration. All exterior walls and trim shall be kept painted, treated, sided or otherwise maintained so as to be substantially weatherproof and neat in appearance.
(C ) Roofs.
The roof shall be structurally sound, weather tight and have no defects, which might admit rainwater. Water from roofs shall be conveyed so as to prevent wet floors, walls ceilings or a nuisance to adjacent buildings.
(d) Chimneys, Flues, Clean-out and Vents.
All Chimneys and similar appurtenances or attachments shall be maintained structurally sound, in good repair and safe to use.
(e) Porches, Stairs and Handrails
Every exterior stair, porch, balcony and all appurtenances attached thereto shall be structurally sound and no part thereof shall show excessive wear, or be broken, cracked, or loose. Carpeting or other covering on stairs and porches shall be maintained in a safe condition. Guardrails shall be firmly fastened and maintained in good condition and new or replacement guardrails shall comply with the provisions of the Building Code.
(f) Doors and Doorways.
Every exterior door frame shall have a door and this door shall be weather tight within its frame. Every exterior door, door hinge, door knob and door latch shall be maintained in good usable condition. Door locks in dwelling units shall be in good repair and capable of tightly securing the door. All entrance doors of each dwelling unit shall be equipped with functioning locking devices.
(g) Hatchways.
Every hatchway, bulkhead and exit way shall be so constructed and maintained as to prevent the entrance of rodents, rain and surface drainage water into the structure.
(h) Windows.
Every window sash and skylight shall be structurally sound and fit within its frame and be weather tight, so as to prevent the passage through it of rain, snow, wind or other outside elements. Every window sash shall be fully fitted with glass, plexiglass or polycarbonate panes which are without cracks or holes. Every window other than a fixed window shall be capable of being held in the open position and locked in the closed position by window hardware.
(i) Screens and Storm Windows.
Every window with openings to outdoor space required for ventilation in habitable rooms shall be supplied with insect screens and storm windows which shall be maintained in good repair.
(j) Fences.
All fences on the premises shall be safe, structurally sound and uniform or compatible in color and structure. Fences shall be maintained so that they do not constitute a hazard, blight or condition of disrepair. Examples of hazards, blight or conditions of disrepair are inclusive of, but not limited to, leaning fences, fences that are missing slats or blocks, graffiti, peeling paint, deterioration of paint or materials, rotting or damaged.
Section Penalties.
Any person/owner who violates any provision of this Ordinance shall be subject to a fine of One Hundred ($100.00) Dollars for each offense and may be penalized by a non-criminal disposition as provided for within the Codes of Ordinances and Mass. General Laws, Chapter 40, Section 21D. Each day’s failure to comply with an order shall constitute a separate violation.
Section Severability
It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any of the remaining phrase, clauses, sentences, paragraphs and sections of this Code.
Section Other Relevant Sections
Nothing herein shall prevent the City of Salem from enforcing other applicable sections of the Code, or other applicable sections of Massachusetts General Laws, including, but not limited to, Massachusetts General Laws, Chapter 111 (abatement of a nuisance by the City) and Chapter 139 (recovery of abatement costs).
All provisions of the Code of the City of Salem, as amended, which are consistent with this Ordinance shall continue in effect, by all provisions of said Code inconsistent herewith are repealed.
This Ordinance shall take effect upon its passage in accordance with the provisions of Chapter 43 of Massachusetts General Laws.
#865 – PLANNING DEPARTMENT NOTIFY COUNCIL OF MEETINGS AND BLOCK GRANTS
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Planning Department notify the Salem City Councillors and any other person or group of persons who ask to be notified about the upcoming meetings pertaining to Community Development Block Grants.
This notification shall be given by mail at their home address.
#866 – ORDINANCE, TRAFFIC, HANDICAP PARKING
Councillor Lovely 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
“Lawrence Street, in front of #79, for a distance of twenty (20) feet, Handicap Parking Tow Zone.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#867 – RESOLUTION, REPEAL RESIDENT STICKER PARKING ON OCEAN AVE.
Councillor Driscoll introduced the following resolution, which was adopted.
WHEREAS, following the submission of a neighborhood petition seeking adoption of a resident sticker program, as well as the approval of the Salem Police Traffic Division, the City Council approved the establishment of a resident sticker parking program for Ocean Avenue, and
WHEREAS, since the adoption of the resident sticker parking program, several residents of upper Ocean Avenue have expressed their desire to repeal the resident sticker parking program, and
WHEREAS, following a written survey of Ocean Avenue residents and a neighborhood meeting on this topic a compromise concerning the resident sticker parking program was reached:
Now Therefore Be it Resolved, as follows:
That the resident sticker parking program adopted for Ocean Avenue be amended to repeal the resident sticker parking program on upper Ocean Avenue, from Summit Avenue to Cliff Street, and that resident sticker parking signs on this portion of Ocean Avenue be removed. The resident sticker parking program shall remain in place on the lower portion of Ocean Avenue. A copy of this resolution shall be forwarded to Captain Callahan of the Police Traffic Division, for appropriate action.
#868 – DISCONTINUANCE OF UNCONSTRUCTED PORTION OR ROSE STREET
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: Whereas, the City Council has received correspondence from the Gardner Mattress Company regarding their interest in obtaining a portion of the un-constructed section of Rose Street abutting their building.
Now Therefore Be It Ordered that the City Council schedule a public hearing at their first meeting in January to consider abandoning and disposing of the un-constructed portion of Rose Street, identified on the attached site plan. The following individuals should be invited to the public hearing: City Planner, Joe Walsh, City Solicitor, John Keenan, Attorney Jack Keilty, Gardner Sisk, interested abutters of Rose Street.
#869 – MATTERS IN COMMITTEE BE CARRIED OVER INTO 2004
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the attached matters currently before the sub-Committees of the City Council be carried forward to the year 2004.
#870 – (#828-#837) – 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 who was referred the matter of granting certain licenses has considered said matter and would recommend that the following be granted.
FORTUNETELLING Therese DeVoe, 401 Essex St., Salem
Michael Noll, 401 Essex St., Salem
Andrea M. Snow, 21 Warren St., Salem
FORTUNETELLING The Magic Parlor, 213 Essex St., Salem
STORE Employee: Stephanie Young, 5 Porter St., Ct.
JUNK DEALER Fred Hutchinson, 15 Robinson Rd.,
Naumkeag Salvage Co, 50R Broadway
PUBLIC GUIDE Bruce D. Bateman, 108 Water St., Danvers
Sabin Densmore, 40 Shore St., Apt. 6, Beverly
Jeremy M. McKeen, 74 Essex St., #2, Salem
Susan P. Metzger, 25 Shepard St., Marblehead
Richard W. Metzger, 25 Shepard St., Marblehead
Michael C. Metzger, 25 Shepard St., Marblehead
Helen Murray, 54 B Brackett Pl, Marblehead
Douglas P. Sabin, 43 Northey St., Salem
William C. Sano, 35 Daniels St., Salem
Leah A. Schmide, 640 Revere Blvd, Revere
Herb Van Dam, 361 Lafayette St., Salem
Frances H. Marrow, 12 Strawberry Hill Ln, Danvers
SEAWORM Manuel P. Silva, 52 Paleologos St, Peabody
SECOND HAND St. Therese’s Thrift Shop, 135 Lafayette St.
CLOTHING
SECOND HAND Antiques & Uniques of Salem, 130 North St.
VALUABLE Bernard’s 179 Essex St.
Olde Naumkeag Antiques, 1 Hawthorne Blvd.
Record Exchange, 256 Washington St.
TAXI OPERATOR John Bedrossian, Jr., 11 Sevinor Rd. Marblehead
Philip Carney, 3 Orchard Ln., Danvers
Felix Hernandez, 72 Central St, Apt. 1, Peabody
Victor T. LeBlanc, 157 Paradise Rd, Swampscsott
VEHICLE FOR HIRE Salem Surrey Bike Tours, LLC, 25 Shepard St.
Marblehead (1 Pedicab)
Operators: Susan P. Metzger, 25 Shepard St.
Richard W. Metzger, 25 Shepard St, Marblehead
Michael C. Metzger, 25 Shepard St., Marblehead
#871 – APPROPRIATION, RECIPTS RESERVED TO REDUCE THE GROSS AMOUNT TO BE RAISED BY TAXATION
Councillor DeToma 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 an appropriation of $815,000 from receipts reserved to reduce the gross amount to be raised by taxation when FY 2004 Tax Rate is set has considered said matter and would recommend approval.
#872 – APPROPRIATION, FROM ASSESSORS ABATEMENT AND EXEMPTIONS FOR TAXATION WHEN FY 2004 TAX RATE IS SET
Councillor DeToma 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 sum of $132,891.60 be appropriated for the following overlay account to reduce the gross amount to be raised by taxation FY 2004 when the tax rate is set.
#873 – ACCEPT SECTION 4, CH. 73 OF THE ACTS OF 1986 FOR FISCAL YEAR 2004 RE: TAX EMPTIONS
Councillor DeToma 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 acceptance of the provisions of Section 4, Chapter 73 of the Acts of 1986 for fiscal year 2004, additional exemption granted by 100% of statutory exemption has considered said matter and would recommend approval.
#874 – (#806) - APPROPRIATION, FROM STABILIZATION FUND TO BE APPLIED AS GENERAL REVENUE TO FUND FY 2004 OPERATING BUDGET
Councillor DeToma offered the following report for the Committee on Administration and Finance. It was voted to accept the report. Councillor O’Leary was recorded as “opposed”.
Councillor DeToma moved to not adopt the Order by a roll call vote of 0 yeas, 11 nays, and 0 absent. Councillors Sargent, O’Leary, O’Keefe, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as voting in the negative.
Councillor Driscoll requested and received unanimous consent to suspend the rules to allow the Finance Director, Bruce Guy to speak.
Councillor Harvey moved for immediate reconsideration in the hopes that it would not prevail. Reconsideration was not denied by a roll call vote of 5 yeas, 6 nays, and 0 absent. Councillors Sargent, O’Keefe, Harvey, Flynn, and Chuber were recorded as voting in the affirmative. Councillors O’Leary, Lovely, Driscoll, DeToma, Bencal, and Furey were recorded as voting in the negative.
Councillor Harvey moved for a 2 minute recess. It was so voted.
The Committee on Administration and Finance to whom was referred the sum of $1,000,000.00 from the stabilization to be applied as General Revenue to fund FY04 operating budget has considered said matter and would recommend approval was adopted by a roll call vote of 8 yeas, 3 nays, and 0 absent. Councillors Sargent, O’Keefe, Harvey, Flynn, DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative. Councillors O’Leary, Lovely, and Driscoll were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#875 – (#807) – APPROPRIATION FROM FUND BALANCE-FREE CASH TO BE APPLIED AS GENERAL REVENUE TO FUND FY04 OPERATING BUDGET
Councillor DeToma 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 sum of $800,000 appropriated from the Fund Balance Reserve-Free Cash to be applied as General Revenue to fund FY04 Operating Budget has considered said matter and would recommend approval.
(# 805) – ACCEPT. OF 527 CRM FIRE PREVENTION REGULATIONS, TO ISSUE A PERMIT FOR A BONFIRE
Councillor Harvey gave an oral report on the subject of obtaining a permit to burn Christmas trees. It was voted to accept the report and adopt the recommendation.
#876 – (#549 & 757) - PEABODY ESSEX MUSEUM, OCCUPANCY PERMIT
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 an order regarding the Peabody/Essex Museum occupancy permit has considered said matter and would recommend that the City Planner provide a timeline for the city taking action relative to the PEM’s compliance with their occupancy permit.
#877 – (#538 of 2002) – ADVISORY COMMITTEE FOR THE FUTURE OF WINTER ISLAND HANGAR AND OFFICERS QUARTERS
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 on order regarding setting up an Advisory committee for the future of Winter Island Hangar and Officers quarters has considered said matter and would recommend that the proposed advisory committee be established immediately following the completion of the current consultant’s report.
#878 – (#718, #719, #7886, #916 of 2002 and#245 of 2003) - REQUESTS TO PURCHASE CITY OWNED LAND
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 requests to purchase city owned land (Belair Street, East Collins Street, Quadrant Road, Outlook Road, and Hillside Avenue) has considered said matter and would recommend that the City Planner and the Building Inspector make a recommendation regarding disposition to the full Council within 14 days.
#879 – (#811) – TREMONT STREET TRAFFIC PROBLEMS
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 Tremont Street Traffic problems has considered said matter and would recommend that the Police Department be requested to paint a large stop line and the word “Stop” on Tremont and Grove Streets. Also, that an orange barrel be placed on Tremont Street warning drivers of the stop. Further, that the Police Department be requested to increase selective enforcement on Tremont Street.
#880 – (#329) – TRANSFER STATION OPERATIONS
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 #329 Transfer Station Operation has considered said matter and would recommend that the order be amended to also invite the DPW Director and a representative of BETA Engineering to address Saturday closures.
(#823A) – SECOND PASSAGE OF AN ORDINANCE, AMENDING TRAFFIC, PARKING METER ZONES ESTABLISHED, DERBY STREET, DODGE STREET, ESSEX STREET, LAFAYETTE STREET, WASHINGTON STREET, RILEY PLAZA EAST
Councillor Chuber moved to take out of order under unfinished business an Ordinance relative to traffic, Parking Meter Zones established.
The matter of second and final passage of an Ordinance amending traffic, Parking Meter Zones established was then taken up.
Councillor Chuber amended to delete in the second paragraph Orange Street and insert in place thereof Hodges Court. It was so voted.
The Ordinance was adopted for second and final passage by a roll call vote of 8 yeas, 3 nays, and 0 absent. Councillors Sargent, O’Keefe, Lovely, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the affirmative. Councillors O’Leary, Harvey, and Furey were recorded as voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Ordinance shall now read as follows:
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Traffic, Parking Meter Zones established
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 56, is hereby amended by adding the following:
“Derby Street, in front of #281, for a distance of forty-four (44) feet, and in front of #283 for a distance of seventy-eight (78) feet, 6:00 A. M. to 8:00 P. M. Parking Metered Zones, Thirty (30) minute parking limit.”
“Derby Street, from Congress Street to Hodges Court, (not including Handicap Zones or restricted areas) both sides of street. Meter Zone Established, Two (2) hour limit.”
“Dodge Street, westbound on the northerly side and extending seventy (70) feet from Riley Plaza East, Metered Zone Established, One (1) hour limit, adds 3 metered spaces on Dodge Street.”
“Essex Street, southerly side, from North Street to Washington Street (not including Handicap zones and restricted areas,) Metered Zone One (1) hour parking.”
“Lafayette Street, both sides, from Derby Street to Harbor Street (not including Handicap Zones or Restricted Areas) metered zone established, thirty (30) minute limit.”
“Washington Street, northbound and southbound on the Center Island from Federal Street to Bridge Street (not including restricted areas), metered zone, two (2) hour parking, (current metered ordinance in this area amended to add spaces.)
“Riley Plaza East, easterly side, in its entirety (not including Handicap Zones) Parking Metered Zone, one (1) hour limit.”
“Riley Plaza East, westerly side, in its entirety (not including Handicap Zones) Parking Metered Zone, two (2) hour limit.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O’Leary moved to return to the regular agenda. It was so voted.
#881 – COMMUNICATION FROM ASST. SOLICITOR GILBERT RE: TOURISM TAX
A communication from Assistant Solicitor Gilbert regarding the Tourism Tax, was received and filed.
#882 – COMMUNICATION FROM STATE REP. RE: CHANGES TO HOUSE BILL 386, AN ACT TO EXPAND THE SALEM BEVERLY WATER SUPPLY BOARD
A communication from State Representative, Mary Grant, regarding changes to the House Bill 386, an Act to expand the Salem Beverly Water Supply Board, was referred to the Committee on Public Health, Safety, and Environment.
#883 - #890 – LICENSE APPLICATIONS
The following license applications, were referred to the Committee on Ordinances, Licenses and Legal Affairs.
FORTUNETELLING Diana McKanas, 86D Wharf St.
Fatima Mitchell, 6 Hawthorne Blvd.
Tammy Mitchell, 6 Hawthorne Blvd.
FORTUNETELLING Pyramid Books, 214 Derby St.
STORE Employees: Beverly Andersen, 216 Lafayette St.
Doug Johnson, 116 Lafayette
MaryBeth Bruce, 26 Beacon St., Burlington
PUBLIC GUIDE Allen Winecour, 161 Garland St., Everett
SEAWORM Manuel Curruca, 12 Union St, Peabody
John M. Silva, 10 Almeda St., Salem
SECOND HAND Compliments Resale Boutique, 132 Boston St.
CLOTHING
TAXI OPERATOR Carlos Costa, 105 Wardsworth St., E. Boston
Russell Lawton, Jr., 7 Milk St., Salem
Rudy Rosario, 25 Ward St., Salem
LIMOUSINE Tri-City Services Inc., 55 R Walnut St., Peabody
(2) Limos
#891 - #897 – CLAIMS
The following Claims, were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Robyn Berman, 19 Wisteria St., #2, Salem
Kevin S. DeBerardinis, 17 Downing Rd, Peabody
Dean F. Robblee, 1 Jacqueline Dr., Amesbury
Arlene Rothblatt, 51 Crosman Ave, Swampscott
Maureen E. Pecukonis, 3 Stanwood St., Lynn
Ruth Stewart, 445 Main St., Walpole
SUBROGATED CLAIM One Beacon Insurance Group for Valerie Huth,
P. O. Box 694, Foxboro, MA
(#819) – SECOND PASSAGE OF AN ORDINANCE AMENDING TRAFFIC, COMMERCIAL VEHICLES
The second and final passage of an Ordinance, amending Traffic, Section 55B, Commercial Vehicles, was then taken up.
The Ordinance was adopted for second and final passage.
(#820) – SECOND PASSAGE OF AN ORDINANCE, ESTABLISHING POLICE, ANTI-GANG RECRUITMENT ORDINANCE
The second and final passage of an Ordinance, Chapter 32, establishing Police Anti-Gang Recruitment Ordinance, was then taken up.
The Ordinance was adopted for second and final passage.
(#821) – SECOND PASSAGE OF AN ORDINANCE, RELATIVE TO PARENTAL/GUARDIAN RESPONSIBILLITY FOR MINIORS
The second and final passage of an Ordinance, chapter 32,relative to parental guardian responsibility for minors, was then taken up.
Councillor Driscoll amended that a warning be issued on the first offense. It was so voted.
The Ordinance was adopted for second and final passage and shall now read as follows:
Section 1. Chapter 32 of the Salem Code of Ordinances is hereby amended by adding the following to new Article IV:
Division 2.
Section 32 – 120 – Whereas, an increasing number of criminal offenses are being committed by juveniles who lack any meaningful parental or adult supervision; and
Whereas, law enforcement officials have noted that with adequate parental involvement and supervision, many instances of criminal activity by juveniles can be avoided or deterred; and
Whereas, the public health safety, and welfare is preserved and enhanced by adopting ordinances that hold parents and/or guardians responsible for the actions of their minor children,
Now therefore be it hereby ordained by the City Council of the City of Salem that a new section 32-120 of the Salem Code of Ordinances, entitled Parental/Guardian Responsibility for Minors, is hereby adopted, as follows:
Section 32 – 121 – Parental/Guardian Responsibility for minors
(A) Any parent or legal guardian of a minor child under the age of eighteen (18) years old who shall by word or deed or failure to act or by lack of supervision and control over said minor child, allow, encourage, contribute toward, cause or tend to cause said
(1) become a delinquent child:
(2) become a habitual truant;
(3) become a runaway;
(4) use or posses a false identification for the purpose of otherwise obtaining alcohol, pursuant to any of the provisions of Massachusetts General Laws Chapter 138;
(5) violate controlled substance statutes, pursuant to any of the provisions of Massachusetts General Laws, Chapter 94C
(6) violate alcohol sale, delivery, furnish or possession statutes, pursuant to Massachusetts General Laws, Chapter 138, Sections 34, 34A, 34C or 34D;
(7) violate the City of Salem Carrying Certain Weapons Ordinance at Section 24-5 of the Salem Code of Ordinances;
(8) violate the City of Salem Graffiti Prevention, Prohibition, and Removal Ordinance at Section 12-56 of the Salem Code of Ordinances;
(9) violate the City of Salem Anti-gang recruitment ordinance of the Salem Code of Ordinances or the provisions of MGL c.265, section 44, entitled Coercion of Child Under 18 into Criminal Conspiracy;
shall be in violation of this ordinance.
Section 32 – 122 – Penalty
(A) Any person found responsible for violating any of the provisions of this ordinance shall be liable for a non-criminal fine of not less than one hundred dollars ($100.00) and not more than three hundred ($300.00), provided that a warning is issued for the first offense.
(B) Each separate violation shall constitute a separate offense.
Section 2. This Ordinance shall take effect as provided by City Charter.
On the motion of Councillor Flynn the meeting adjourned at 11:40 P. M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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