A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 23, 2008 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 17, 2008 at 10:35 A.M.
Councillor Veno was recorded as arriving at 7:10 P.M.
Council President Michael Sosnowski presided.
Councillor Lovely moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Sosnowski requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Ryan requested a moment of silence for Steven Fortunato of Beverly who was killed in Iraq.
#603 – CONDUITS ON WEBB STREET
A hearing was held on the petition from National Grid for four conduits on Webb Street. Appearing in favor, Sabhita Mahabier-Sheehy representative for National Grid. There was no one recorded as opposed. The hearing was closed. Councillor O’Keefe moved that the request be granted. It was so voted.
#604 - TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Nine Thousand One Hundred and Fourteen Dollars and Twenty-six Cents($9,114.26) is hereby transferred from the “Receipts Reserved – Golf Course” account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
SS/Med 2,873.25
Health Ins 3,352.58
Life Ins 34.04
Dental Ins 274.45
Retirement 2,579.94
Total 9,114.26
#605 – TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Five Thousand Eight Hundred and Thirty Eight Dollars and Thirty Nine Cents ($5,838.39) is hereby appropriated in the from “Receipts Reserved - Harbormaster” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
SS/Med 686.15
Health Ins 3,209.62
Life Ins 27.85
Dental Ins .00
Retirement 1,914.77
Total 5,838.39
#606 – TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Four Hundred and Four Dollars and Sixty Nine Cents ($404.69) is hereby appropriated from “Receipts Reserved – Witch House” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
SS/Med 404.69
Health Ins
Life Ins
Dental Ins
Retirement
Total 404.69
Councillor O’Keefe moved to take out of order and go to Committee reports. See #614 for the Committee report.
#607 – ORDINANCE ADDING SAFETY ENHANCEMENT ZONE
The following Ordinance, recommended by the Mayor was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to the creation of a Safety Enhancement Zone and increase penalties for violations of the City’s Code of Ordinances during certain time periods.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 1 is hereby amended by adding a new section as follows:
Section 1-11. Safety Enhancement Zone; Violation and Penalties
(a) Authority.
This ordinance is adopted by the City of Salem under its police powers to protect public health and welfare and its powers under Massachusetts General Law Chapter 40, Section 21 et seq.
(b) Definitions.
(1) Safety Enhancement Zone is defined as the B-5 Central Business District of the City of Salem’s Zoning Ordinance.
(2) Enhanced Fine is defined as three times the amount of the fine assessed per City Ordinance for the violation had the violation not been committed in a Safety Enhancement Zone, but in no event shall the fine exceed three hundred dollars.
(3) Safety Enhancement Zone Designation Dates shall be defined as forty-eight hours prior to October 30th at midnight through 38 hours following October 31st at midnight or for an extended period by Order of the City Council.
(c) Safety Enhancement Zone; Establishment, Violations and Penalties
Any violation of the following designated provisions of the City of Salem Code of Ordinances that is committed within the Safety Enhancement Zone during the Safety Enhancement Zone Designation Dates shall be subject to an Enhanced Fine: Chapter 16 (Cemeteries), Chapter 20 (Fire), Chapter 22 (Noise), Chapter 24 (Offenses), Chapter 26 (Park and Recreation), Chapter 28 (Peddlers, Hawkers, Vendors and Solicitors), Chapter 32 (Police), Chapter 38 (Streets and Sidewalks), Chapter 42 (Traffic) and Chapter 44 (Vehicles for Hire). A separate offense shall be deemed to have been committed whenever a person repeats the act that constitutes the violation.
Section 2. This Ordinance shall take effect as provided by City Charter.
The following Emergency Preamble was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Whereas the purpose of this Ordinance is to protect, preserve and maintain the public health, safety and welfare of the citizens and businesses during the historically disorderly downtown Halloween festivities attended by tens of thousands of visitors.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
Councillor O’Keefe moved that the Ordinance be adopted for second and final passage under the provisions of Massachusetts General Laws Chapter 43, Sections 20 and 22, and Section 20 and 22 of the City of Salem Charter. The Ordinance was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#608 – APPR. TO PURCHASE A PUMP TRUCK FOR THE FIRE DEPARTMENT
Received after the deadline of Tuesday noon under suspension of the rules
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty Thousand Two Hundred and Ninety-Nine Dollars ($20,299.00) is hereby appropriated from the “Capital Improvement Program” account to the “Capital Outlay Equipment “ account to be expended for the purchase of a pump truck for the Fire Department in accordance with the recommendation of Her Honor the Mayor.
#609 – FINANCIAL REPORT DATED SEPTEMBER 30, 2008
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Financial Report dated September 30, 2008, be received and placed on file.
#610 – TAG DAY
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day Application for the Salem Travel Basketball Team for November 2, 2008 be granted.
#611 – INCREASE POLICE PATROLS ON HALLOWEEN
Councillor Ryan 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.
#612 – NEIGHBORHOOD NOTIFICATION REQUIREMENT FOR BUSINESSES
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs be co-posted with the Committee of the Whole and meet to review and consider changes to the neighborhood notification requirement for businesses seeking to alter it’s landscaping, building size or alterations to its lot. As part of its deliberations, the Committee shall invite the Building Inspector, City Planner and City Solicitor.
#613 – ABANDONED PROPERTIES
Councillor Prevey introduced the following Order, which was adopted
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs be co-posted with the Committee of the Whole and meet to discuss the possibility of increasing fines and penalties for abandoned properties. As part of the discussion, the Committee shall invite the Building Inspector, Acting Health Agent and a representative from the CIU of Salem Police Department.
#614 – SAFETY ENHANCEMENT ZONE
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. 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 creation of a Safety Enhancement Zone; Violations and Penalties Ordinance, has considered said matter and would recommend that the enclosed revised Ordinance submitted by the City Solicitor be substituted for the Ordinance submitted by the Mayor under Communications from the Mayor and that it be adopted for first passage and that an emergency preamble be adopted by a two thirds vote of the City Council in order to adopt for second and final passage per City Charter Section 20.
Councillor O’Keefe moved to return to the regular portion of the meeting Communications from the Mayor in order to adopt the Ordinance. It was so voted.
#615 – (#599 ) – GRANTING LICENSES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend approval.
PUBLIC GUIDE Eric Fialho, 22 Hancock St., Salem
#616 – (#527) – DISPOSAL OF SYRINGES AND OTHER HAZARDOUS MATERIAL
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of the disposal of syringes and other hazardous material has considered said matter and would recommend that the City Solicitor, Salem Police Department and the Board of Health meet to develop an Ordinance or Board of Health regulation on the safe use and disposal of the needles, syringes and lancets and forward their recommendation and findings to the Committee on Ordinances, Licenses and Legal Affairs.
#617 – (#523) – RESIDENT STICKER PARKING PROGRAM
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of the Resident Sticker Parking Program, has considered said matter and would recommend that the Mayor’s office in coordination with the City Solicitor, Parking Director, Parking Department Board, Salem Police Traffic Division and Finance Director prepare a draft Resident Sticker Parking Program Ordinance and submit it to the Committee on Ordinance, Licenses and Legal Affairs. Also invited City Clerk and Assistant City Clerk.
#618 – (#520) - DOG ORDINANCE
Councillor Lovely offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation
The Committee on Public Health, Safety and Environment to whom was referred the matter of amending and Ordinance relative to Dog License Fee, has considered said matter and would recommend the Ordinance be adopted for first passage. Councillor Lovely amended to replace the late fee of $25.00 with $15.00. Adopted as amended for first passage.
#619 – (#525) – DOUBLE POLES
Councillor Lovely offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation
The Committee on Public Health, Safety and Environment to whom was referred the matter of Double Poles, has considered said matter and would recommend that a representative of Verizon and the City Electrician be invited to attend a subsequent meeting to discuss Verizon’s participation in this matter; and that the matter remain in Committee. Also invite Comcast.
#620 – (#526) – IMPLEMENTATION OF TRAFFIC CAMERAS
Councillor Lovely offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation
The Committee on Public Health, Safety and Environment to whom was referred the matter of the implementation of traffic cameras, has considered said matter and would recommend that the matter remain in Committee to be discussed at a future date at such time as legislation pending
at the State House for red-light cameras is enacted. Amend that the Council President send a letter to Representative Keenan from the City Council in support of this piece of legislation.
#621 – (#528) – COMMERCIAL VEHICLES PARKED IN RESIDENTIAL AREAS
Councillor Lovely offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation
The Committee on Public Health, Safety and Environment to whom was referred the matter of commercial vehicles in residential areas, has considered said matter and would recommend that the matter remain in Committee until such time that Building Inspector Tom St. Pierre reports back to the Committee relative to his clarification with the Salem Police Department that they can issue 21D tickets for commercial vehicles parked in residential areas.
#622 – (#529) – PUBLIC SAFETY IN SOUTH HARBOR GARAGE
Councillor Lovely offered the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation
The Committee on Public Health, Safety and Environment to whom was referred the matter of public safety in the South Harbor Garage, has considered said matter and would recommend that the matter remain in Committee.
#623 – PETITION FOR EXTENDED HOURS OF OPERATION FOR CLUCKY’S WINGS
A public hearing was ordered to be held on November 20, 2008 on the petition from Jimmy Tsitsinos, owner of Clucky’s Wings located at 33 Bridge Street, for extended hours of operation.
#624 - LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATOR Bianvenido Vicioso Gil, 83 Congress St., Salem
Santo Ozoria, 9 Prince St. Place, Salem
On the motion of Councillor O’Keefe the meeting adjourned at 8:25 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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