A Regular Meeting of the City Council was held in the Council Chamber on Thursday, November 20, 2008 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 14, 2008 at 9:20 A.M.
Councillor O’Keefe was recorded as absent.
Council President Michael Sosnowski presided.
Councillor Furey 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 Pelletier requested and received unanimous consent for suspension of the rules to allow Kate Fox of Destination Salem to give an update and talk about Halloween.
(#623) – EXTENDED HOURS OF OPERATION FOR CLUCKY’S WINGS
A hearing was held on the petition from Jimmy Tsitsinos, owner of Clucky’s Wings located at 33 Bridge Street for extended hours of operation.
Appearing in favor was Attorney Jodie Demanti for Clucky’s and the owner Jimmy Tsitsinos. Also appearing in favor were two residents of First Street and patrons of Clucky’s John McDonald and Nick Koleese.
Appearing in opposition was Angelo Lakanakis who lives directly across from Bill & Bob’s Roast Beef. He stated he has lived there for two years and is concerned for the neighborhood. Also appearing in opposition was Marie McNulty who owns Dimatis and is concerned for the parking lot which they share with Clucky’s.
Councillor Furey assumed the Chair.
Councillor Sosnowski stated his concern to for all the business coming in for late hours and didn’t want to open Pandora’s Box. Also that Mr. Lakanakis’s family owns the Bill and Bob’s and they have late hours.
Councillor Sosnowski resumed the Chair.
Councillor Prevey asked if there was an assessment of businesses out there with late hours.
Councillor Sargent stated we have supported late night hours in the past but he was concerned and wants to protect the neighborhoods.
Councillor Pelletier stated that CIU Police Dept. could give the Council information regarding any call with problems.
On the motion of Councillor Pelletier the Hearing was closed.
On the motion of Councillor Pelletier the petition was granted by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Furey, Lovely, McCarthy, Pelletier, Pinto, Prevey, Ryan, Veno and Sosnowski were recorded voting in the affirmative. Councillor Sargent was recorded as voting in the negative. Councillor O’Keefe was recorded as absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#625 – APPT. OF MARC SALINAS TO BOARD OF HEALTH
The Mayor’s appointment of Marc Salinas, to serve as a member of the Board of Health with a term to expire November 1, 2011, was confirmed under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded voting in the affirmative. Councillor O’Keefe was recorded as absent.
Councillor Lovely requested and received unanimous consent for suspension of the rules to allow Mr. Salinas to speak.
#626 - CONSTABLE
The Mayor’s reappointment of Manuel Sanchez, Jr., 501 Washington St., Lynn, to serve as Constable with a term to expire October 1, 2011, was received and placed on file.
#627 - TRANSFER TO HUMAN RESOURCES – WORKERS COMP. - SALARIES
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby transferred from “Human Resources - Unemployment” account to the “Human Resources – Workers Comp. Salaries” account in accordance with the recommendation of Her Honor the Mayor.
#628 - TRANSFER TO ELECTIONS - OVERTIME
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Two Thousand Five Hundred Dollars ($2,500.00) is hereby transferred from “City Clerks – Full Time Salary” account to the “Elections - Overtime” account in accordance with the recommendation of Her Honor the Mayor.
#629 – CONFLICT OF INTEREST EXEMPTION
The following Order, recommended by the Mayor, was adopted.
ORDERED: That Dr. Kristine Doll, a member of the Salem Arts Council and Salem Common Neighborhood Association, is hereby granted a conflict of interest exemption relative to the filing of a Local Cultural Council Grant Application.
#630 – APPROPRIATION TO STABILIZATION FUND & CAPITAL IMPROVEMENT FUND
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 Four Hundred Forty-Five Thousand, Nine Hundred and Eighty Dollars ($445,980.00) is hereby appropriated from the “General Fund Balance Reserved for Free Cash” account, to the following special revenue funds: The amount of Free Cash to be transferred is 20% of the certified Free Cash per the City’s Financial Policies and in accordance with the recommendation of Her Honor the Mayor.
Stabilization Fund (8301) – 20% $222,990.00
Capital Improvement Fund (2000) – 20% $222,990.00
$445,980.00
#631 – TAG DAY
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day Application for the Salem Travel Basketball Team for December 7, 2008 be granted.
#632 – ORDINANCE – TRAFFIC, TOW ZONE NORTH STREET
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74, “General Prohibition Tow Zone”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. North Street easterly side, from Essex Street to Lynde Street, “No Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#633 – REPEAL ORDINANCE – TRAFFIC, HANDICAP PARKING, HATHORNE STREET
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicap Parking Zone, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Repeal Hathorne Street in front of #46 for a distance of twenty feet “Handicap Parking, Limited Time” (9/29/97)
Section 2. This Ordinance shall take effect as provided by City Charter.
#634 – (#412) -DISCHARGE FROM COMMITTEE ON GOVERNMENT SERVICES (RULE 38)
Councillor Pelletier introduced the following Order, which was referred to the Committee on Ordinances, Licenses and Legal Affairs by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Furey, Lovely, McCarthy, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded voting in the affirmative. Councillor O’Keefe was recorded as absent.
ORDERED: That the matter of an Order #412 relative to the Executive Director of the Parking Department be authorized to issue parking passes for daily use at metered parking spaces
for commercial vehicles, be discharged from the Committee on Government Services by a two thirds roll call vote of the City Council.
#635 – YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Year to Date Financial Report dated October 31, 2008, be received and placed on file.
#636 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated October 31, 2008, be received and placed on file.
#637 – PUBLIC BE ALLOWED TO SPEAK
Councillor Sargent introduced the following Order, which did not pass by a roll call vote of 8 yeas, 1 nay, 1 present, 1 absent as it needed to be unanimous. Councillors Lovely, McCarthy, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative. Councillor Pelletier was recorded as present. Councillor O’Keefe was recorded as absent.
ORDERED: That when the City Council meets for Second Passage of Council Order #470 & #532 at a Special Meeting of the Council the owners or their representatives of the Business Park Development (BPD) parcels that are affected by this, be allowed to speak.
#638 – PUBLIC HEARING FOR ZONING ORDINANCE
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That a public hearing be held in advance of the Special Meeting of December 1st, 2008 and invite the same property owners that were invited to the Committee meeting.
#639 – #639A - INCREASING FINES & PENALTIES FOR ABANDONED PROPERTIES
Councillor Lovely 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 increasing fines and penalties for abandoned properties, has considered said matter and would recommend that the enclosed model ordinance submitted by the City Solicitor be referred to the Committee of the Whole for further review and comments as well as comments of the Board of Health and Building Commissioner.
MODEL ORDINANCE FROM MMA
AN ORDINANCE REGULATING THE MAINTENANCE OF VACANT RESIDENTIAL PROPERTIES IN FORECLOSURE
Be it ordained by the City of Salem as follows that the City of Salem Code of Ordinances be amended by adding the following ordinance: Regulating the Maintenance of Vacant Residential Properties in Foreclosure
(a) Purpose. It is the intent of this section to protect and preserve public safety, security, and quiet enjoyment of occupants, abutters, and neighborhoods by:
(i) requiring all owners of vacant residential properties in foreclosure to register with the City and pay an administrative fee;
(ii) requiring all residential property owners, including lenders, trustees, and service companies to properly maintain vacant and/or foreclosing properties, and
(iii) regulating the maintenance of vacant and/or foreclosing residential properties in order to prevent blighted and unsecure residences.
(b) Definitions. When used in this section, the following terms shall have the following meanings, unless a contrary intention clearly appears:
(i) City shall mean the City of Salem
(ii) Commissioner shall mean Commissioner of Buildings and/or the Health Agent
(iii) Days shall mean consecutive calendar days.
(iv) Foreclosure shall mean the process by which a residential property, placed as security for a real estate loan, is prepared for sale to satisfy the debt if the borrower defaults.
(v) Initiation of foreclosure process shall mean taking any of the following actions:
a. taking possession of a residential property pursuant to G.L. c. 244 Sec. 1;
b. delivering the Mortgagee’s notice of intention of foreclosure to the borrower pursuant to G.L. c.244 Section 17B; or
c. commencing a foreclosure action on a property in either the Land Court or Essex Superior Court.
(vi) Local shall mean within twenty (20) driving miles distance of the property in question.
(vii) Mortgage shall mean the creditor, including but not limited to, service companies, lenders in a mortgage agreement and any agent, servant, or employee of the mortgagee, or any successor in interest and/or assignee of the mortgagee’s rights, interest or obligations under the mortgage agreement.
(viii) Owner shall mean every person, legal entity, service company, property manager or real estate broker, who alone or severally with others:
a. has legal or equitable title to any residential dwelling, dwelling unit, mobile dwelling unit, or parcel of land, vacant or otherwise, including a mobile home park; or
b. has care, charge or control of any residential dwelling, dwelling unit, mobile dwelling unit or parcel of land, vacant or otherwise, including a mobile home park, 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
c. is a mortgage in possession of any such property; or
d. is an agent, trustee or other person appointed by the courts and vested with possession or control of any such property; or
e. is an officer or trustee of the association of unit owners of a condominium. Each such person is bound to comply with the provisions of these minimum stands as if he were the owner. However, this ordinance shall not apply to a Condominium Association created pursuant to G.L. c.138A to the extent that such Association forecloses or initiates the foreclosure process for unpaid assessment due or owing to the Association; or
f. is a trustee who holds, owns or controls mortgage loans for mortgage backed securities transactions and has initiated the foreclosure process; or
g. every person who operates a rooming house
(ix) Property shall mean any real, residential property, or portion thereof, located in the City of Salem, including buildings or structures situated on the property. For purposes of this section only, property does not include property owned or subject to the control of the City or any of its’ governmental bodies. Such property includes, but is not limited to, property owned or controlled by the Redevelopment Authority.
(x) Residential Property/Properties shall mean any property that contains one or more dwelling unit(s) used, intended, or designed to be occupied for living purposes.
(xi) Securing shall mean measures that assist in making the property inaccessible to unauthorized persons.
(xii) Vacant shall mean any residential property not currently legally occupied, properly maintained or secured.
(c) Registration Requirement.
(i) All owners must register vacant and/or foreclosing residential properties with the Commissioner of the Building Department on forms provided by the Commissioner.
(ii) All registrations must state the individual owner’s and/or agent’s phone number and physical mailing address located within the Commonwealth, as required by M.G.L. c. 59 Section 57D, M.G.L. c. 156D Section 5.02 and 950 C.M.R. 113.20. The mailing address may not be a P.O. Box.
(iii) This registration must also certify that the property was inspected and identify whether the property is vacant as of the date of filing.
(iv) If the property is vacant, the owner and/or registrant must designate and retain a local individual or local property management company responsible for the security and maintenance of the property. This designation must state the individual or company’s name, phone number, and local mailing address. The mailing address may not be a P.O. Box. Should the owner and/or registrant choose another local individual or local property management company to be responsible for the security and maintenance of the property, the owner and/or registrant must notify the city in accordance with the requirements of paragraphs (i) and (ii) and this sub-section within seven days of the designation.
(v) If the property is in the process of foreclosure, then the registration must be received within seven days of the initiation of the foreclosure process as defined in subsection (b).
(vi) If the Commissioner determines that the property is vacant and that foreclosure proceedings have not been initiated, the registration must be received within fourteen days of the Commissioner’s first citation for improper maintenance.
(vii) In the event there is a change in ownership while the residential property remains vacant and/or in the process of foreclosure, the new owner shall register with the City in accordance with the provisions of the sub-section within seven days of transfer of ownership.
(d) Administrative Fee.
(i) All property registrations are valid for one calendar year. An annual registration fee of _______($__.__) must accompany the registration form.
(ii) Subsequent annual registrations and fees are due within thirty (30) days of the expiration of the previous registration and must certify whether the foreclosing and/or foreclosed property remains vacant.
(iii) Once the property is no longer vacant or is sold, the owner must provide proof of sale or written notice and proof of occupancy to the Commissioner of the Building Department.
(e) Maintenance Requirements.
(i) Properties subject to this section must be maintained in accordance with the relevant Sanitary Codes, Building Codes, and local regulations concerning external and/or visible maintenance. The owner, local individual or property management company named in subsection (c) must inspect and maintain the property on a monthly basis for the duration of the vacancy.
(ii) The property must contain a posting with the name and 24 hour contact phone number of the local individual or property management company responsible for the maintenance. This sign must be posted on the front of the property so it is clearly visible from the street. (Specify size requirement, if desired)
(iii) Adherence to this section does not relieve the owner of any applicable obligations set forth in Code regulations, Covenant Conditions and Restrictions and/or Home owners Association rules and regulations.
(iv) The property must contain a No Trespass Sign visible from any public way as well as a motion sensitive spot light to illuminate any rear or side yard not visible from a public way.
(f) Inspections.
The Building Department and Board of Health shall have the authority and the duty to inspect properties subject to this section for compliance and to issue citations for any violations. The Building Department and Board of Health shall have the discretion to determine when and how such inspections are to be made, provided that their policies are reasonably calculated to ensure that this section is
enforced.
(g) Enforcement and Penalties.
(i) Failure to initially register with the Commissioner is punishable by a fine of three hundred dollars ($300.00).
(ii) If applicable, failure to properly identify the name of the local individual or local property management company is punishable by a fine of three hundred dollars ($300.00).
(iii)Failure to maintain the property is punishable by a fine of up to three hundred dollars ($300.00) for each week the property is not maintained.
(iv)All monies collected pursuant to this section shall be directed to a specific enforcement fund.
(h) Appeal.
Any person aggrieved by the requirements of this section may seek an administrative appeal to the (appropriate dept.). Any person aggrieved by a final decision issued under this section by the (appropriate dept.) may seek relief in any court of competent jurisdiction as provided by the laws of the Commonwealth.
(i) Applicability.
If any provision of this section imposes greater restrictions or obligations than those imposed by a separate general law, special law, regulation, rule ordinance, by-law, order or policy, then the provisions of this section control.
(j) Regulatory Authority.
The Commissioner of the Building Department has the authority to promulgate rules and regulations necessary to implement and enforce this section.
(k) Severability.
If any provision of this section is held to be invalid by a court of competent jurisdiction then such provision shall be considered separately and apart from the remaining provisions, which shall remain in full force and effect.
(l) Implementation.
The provisions of this section are effective immediately upon passage and all provisions shall be enforced immediately however no monetary fine shall be imposed pursuant hereto until ____(xx) days after passage.
(m) Notice.
A copy of this ordinance is to be mailed to all owners of residential property located in the City of Salem. In addition, a copy of this ordinance is mailed to all loan institutions, banks, real estate offices, and management companies located in and/or having legal or equitable interest in residential property located in the City of Salem.
#640 – (#612) – NEIGHBORHOOD NOTIFICATION REQUIREMENTS FOR BUSINESSES
Councillor Lovely 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 Neighborhood Notification Requirements for Businesses has considered said matter and would recommend that the matter remain in Committee and that the City Solicitor provide a legal review to Neighborhood Notification quality.
#641 – (#469) – REVIEW OF ORDINANCE CHAPTER 38, SECTION 22, STREET AND/OR SIDEWALK OPENING AND CLOSURE
Councillor Lovely 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 review of Chapter 38, Section 22 of the Salem Code of Ordinance relative to Street and/or sidewalk opening and closure, has considered said matter and would recommend that the matter be reported out of Committee as the City Official will exercise more vigilance and put systems in place for contractors to comply with Section 38-22.
#642 – (#642A – #642B) APPLICATIONS AND REGULATIONS FOR PEDICABS
Councillor Lovely 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 Pedicab applications and regulations has considered said matter and would recommend that the enclosed ordinances submitted by the City Solicitor be adopted for first passage. The following Ordinances were adopted for first passage.
#642A – ORDINANCE AMENDING VEHICLES FOR HIRE
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Vehicles of Hire
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 44 Section 44-2(a) conveying goods, wares and others is hereby amended by deleting the word “pedicab” as it appears in this section.
Section 2. This Ordinance shall take effect as provided by City Charter.
#642B – ORDINANCE AMENDING PEDICABS
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to pedicabs
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 44 is hereby amended by adding the following new article:
“ARTICLE III. PEDICABS”
Sec. 44-61. Purpose.
The city council finds that pedicabs have become an increasingly popular form of
non-motorized transportation for hire in the city. This article is enacted in response to concerns due to the increasing prevalence of pedicabs. It is necessary to enact regulations governing pedicabs to ensure owners and operators protect the general health, safety and welfare of passengers using pedicabs for hire, as well as to prevent pedicab interference with motor vehicles on public ways or interference with pedestrians in public ways or sidewalks.
Sec. 44-62. 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:
Pedicab means a bicycle that has three or more wheels, that transports, or is capable of transporting, passengers on seats attached to the bicycle, that is operated by an individual, and that is used for transporting passengers for hire.
Darkness means any time from one-half hour after sunset to one-half hour before sunrise and any time when visibility is not sufficient to render clearly discernible any person or vehicle on a public way or sidewalk at a distance of 100 feet.
Sec. 44-63. License For Pedicab.
(a) Required; number of licenses. No pedicab shall be operated within the city without a license issued by the city council for each such pedicab. Under this article, no more than twelve pedicab licenses may be issued by the city council. A maximum of five pedicab licenses may be issued by the city council to a single pedicab business.
(b) Application. Applications for pedicab licenses shall be made in writing to the city council and filed with the city clerk by March 1 with the license fee for each pedicab, as stated in section 14-38. Such application shall state the pedicab owner’s name, address, telephone number, social security number, a valid state driver’s license number, date and place of birth. The city clerk shall forward a copy of such application to the police traffic division for investigation. The city council shall review the application and vote to approve or deny the issuance of licenses. The city clerk shall notify the applicant of approval or denial of such license.
(c) Persons not be licensed. No person shall be licensed to be an owner who is not of the age of 18 years.
(d) Insurance. No pedicab license shall be issued until the applicant has filed a policy of insurance with the city clerk. The terms of the policy shall provide that the insurance company assumes financial responsibility in an amount not less than $1 million per occurrence for bodily injuries and personal injuries or property damage caused by the operation of the pedicab, including but not limited to pedicabs operated by the officers, employees, agents, or lessees of the owner. Such policy shall name the city as an additional insured. Licensee shall notify the city clerk, within one business day, of cancellation of their insurance policy.
(e) Fee; term; renewal. The owner of a pedicab required to be licensed under this section shall pay such fees as may be provided in section 14-38 to license each such pedicab. All licenses so granted shall expire on March 31 annually. A license issued under this section may be renewed for the next annual license period beginning on April 1, so long as the owner of a pedicab submits a renewal application within thirty days of the March 31 expiration date. Upon the approval of the city council and payment of the pedicab fee under section 14-38, a renewal license shall be granted to the pedicab owner.
(f) Visibility of Pedicab License; Visibility of Business Name. A copy of the pedicab license issued under this section shall be clearly visible on the pedicab for which such license was granted. The name of the pedicab business shall be clearly visible on the pedicab within 25 feet of the pedicab.
(g) Ceasing Ownership of Pedicab Business or Pedicab; transfer of license(s). When a licensee under this section ceases ownership of their pedicab business, they shall surrender all their pedicab licenses to the city clerk’s office. When a licensee under this section ceases ownership of one or more pedicabs, they shall surrender the license for each such pedicab to the city clerk’s office. Notwithstanding the above, any license(s) held by a licensee may be transferred to another pedicab business or individual, subject to the approval of the city council in accordance with section 44-63(b).
Sec. 44-64. Pedicab Operator’s License
(a) Operator’s License. The city council may license each driver of a pedicab licensed under this article after an investigation and recommendation of the police traffic division. The fee for any such license granted shall be as provided in section 14-38. Such license shall expire on March 31 annually.
(b) Application. A person wishing to obtain an operator’s license under this section must complete an application with the city council filed with the city clerk. Such application shall state the pedicab
driver’s name, address, telephone number, social security number, state driver’s license number, date and place of birth. The city clerk shall forward a copy of such application to the police traffic division for investigation and recommendation in section 44-64(a).
(c) Minimum Age and State Driver’s License. It shall be unlawful for any person under the age of 17 to drive a pedicab unless special permission is granted by the city council. The city council may not grant an operator’s license under this section to any person unless such person possesses a valid state driver’s license.
(d) Visibility of Operator’s License. Each licensee is required to display their operator’s license by wearing such license on an outer garment so as to be clearly visible to the public.
Sec. 44-65. Equipment Regulations for Pedicabs.
(a) It is unlawful for any person to operate, or cause to be operated, a pedicab during the hours of darkness, without using a headlight capable of projecting a beam of white light for a distance of 100 feet.
(b) It is unlawful for any person to operate, or cause to be operated, a pedicab during the hours of darkness, without using battery-operated taillights mounted on the right and left, respectively, at the same level on the rear exterior of the passenger compartment. Taillights shall be red in color and plainly visible from the rear of the pedicab.
(c) It is unlawful for any person to operate, or cause to be operated, a pedicab without using battery-operated directional signal lights plainly visible from both the front and rear of the pedicab, or without using a battery-operated brake light plainly visible from the rear of the pedicab.
(d) It is unlawful for any person to operate, or cause to be operated, a pedicab without a seatbelt or seatbelts available for passengers.
(e) It is unlawful for any person to operate, or cause to be operated, a pedicab, in an unsafe condition.
Sec. 44-66. Prohibitions on the Manner of Operating Pedicabs.
(a) It is unlawful for any person to operate a pedicab in a manner that results in damage to public or private property.
(b) It is unlawful for any person to operate, or cause to be operated, a pedicab, which has more than one attached trailer. An attached trailer must comply with the provisions of sections 44-65(b) and (c), as well as section 44-65(d) if used to transport additional passengers.
(c) It is unlawful for any person to operate, or cause to be operated, a pedicab upon a city sidewalk except at a permanent or temporary driveway and per the city’s traffic code upon the Essex Street Mall.
(d) It is unlawful for any person to operate, or caused to be operated, a pedicab in a reckless manner.
Sec. 44-67. Denial, Suspension or Revocation of Operating License or Drivers
License; Notification of Action.
(a) A pedicab license or an operator’s license may be denied, suspended or revoked by the city council based upon any of the following grounds:
(1) The owner, operator or pedicab fails or has failed to comply with the applicable provisions of this article.
(2) The owner or operator of a pedicab has been convicted of assault or battery, resisting arrest, any felony involving force and violence, any misdemeanor or felony involving reckless driving or operating under the influence offense, or any crime reasonably related to the ability to safely transport passengers, unless 5 years has elapsed from the date of discharge from a federal or state prison or county house of correction, or the successful completion of probation for such conviction.
(3) The owner or operator of a pedicab has been convicted of a crime that requires sex offender registration pursuant to the Massachusetts General Laws.
(4) The owner or operator of a pedicab has knowingly made a false statement or material fact, or knowingly failed to state a material fact in the application process for the pedicab license or operator’s license.
(5) The state driver’s license of the owner or operator of a pedicab has expired or has been suspended or revoked.
(6) The owner or operator of a pedicab has engaged in activity that, in the judgment of the city council, constitutes a serious threat to public health, safety, or welfare. Such a threat may be indicated by, but is not limited to:
(i) an arrest for operating under the influence of alcohol or a controlled substance while operating any vehicle or pedicab.
(ii). an arrest for a crime that, if convicted, would require the owner or operator of a pedicab to register as a sex offender pursuant to the Massachusetts General Laws.
(iii) a finding from a law enforcement agency that a pedicab operator in the course of operating a pedicab, caused a vehicle accident resulting in bodily or personal injury to another person or damage to another’s property.
(b) The city council shall provide notice to the owner or operator of a pedicab of the denial, or intent to suspend or revoke a pedicab license or operator’s license for the grounds specified in section 44-67(a). Service of the notice shall be by certified mail or hand delivery.
Sec. 44-68. Enforcement.
The city council and the police department shall enforce this article.
Sec. 44-69. Penalty for violation of division.
Any violation of any section of this article may result in a fine not to exceed $100.00 for each offense. In all instances, each day a violation continues shall constitute a separate offense.”
Section 2. This Ordinance shall take effect as provided by city Charter.
#643 – (#413 ) – ORDINANCE RELATIVE TO DUMPSTERS
Councillor Lovely 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 amending an Ordinance relative to Dumpsters, has considered said matter and would recommend that the revised amended Ordinance submitted by the City Solicitor be adopted as amended for second and final passage. It was so voted.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Dumpsters
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24, Section 24-23 Dumpsters is hereby amended by:
1) Inserting the phrase “Parking Department” within the section entitled “Enforcement, issuance, fees” immediately preceding the phrase “fire department.”
2) Further amend the section entitled “Enforcement, issuance, fees” by adding the following new sentences at the end of this section: “In the event a temporary permit is issued for parking a dumpster on a public way in accordance with this section, the permit holder shall pay a fee of twenty-five (25) dollars to the building department for a two week temporary permit plus provide any additional bond which may be required by the commissioner of the building department. In addition, if such a temporary permit is issued for a dumpster to occupy a parking metered space(s) on a public way, a separate additional fee of fifteen (15) dollars per day, per space, excluding Sundays, shall be
paid
to the Parking Department for the period of time the permitted dumpsters occupies a parking metered space.”
3) Inserting the phrase “and in the case of utilizing a parking metered space, approval must also be granted by the Parking Department” within the section entitled “Location” immediately following the phrase “Fire Department.”
4) Inserting the phrase “and if applicable, to the parking department” within the section entitled “Obstruction of Traffic” immediately following the phrase “fire chief.”
5) Inserting the phrase ”and in the case of utilizing a metered parking space, also from the parking department” within the first sentence of the section entitled “Owner’s Permit” immediately following the phrase “building department.”
Section 2. This Ordinance shall take effect as proved by City Charter.
#644 – (#359) – METERED SPACES IN THE SOUTH HARBOR GARAGE
Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report. The matter was referred to the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Administration and Finance to whom was referred the matter of twenty-six (26) metered parking spaces on the ground floor of the South Harbor Garage be replaced and designated as reserved parking at an annual fee of $1,200.00, has considered said matter and would recommend adoption as amended.
#645 – (#470, #532, #565) – ZONING ORDINANCE AMENDMENT RELATIVE TO PLANNED UNIT DEVELOPMENT (PUD)
Councillor Sargent offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole. It was voted to accept the report.
The Committee on Community and Economic Development co-posted with the Committee of the Whole to whom was referred the matter of amending Zoning for Business Park Development (BPD) to allow for Planned Unit Development (PUD), has considered said matter and would recommend that the matter be reported out to the full Council with no recommendation.
Councillor Sargent moved suspension of the rules to allow the audience to speak.
Councillor Pelletier objected.
Councillor Ryan moved to adopt for first passage by a roll call vote. It was adopted for first passage by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillor Furey, Lovely, McCarthy, Pelletier, Pinto, Prevey, Ryan, and Veno were recorded as voting in the affirmative. Councillors Sargent and Sosnowski were recorded as voting in the negative. Councillor O’Keefe was recorded as absent.
A motion for immediate reconsideration in the hopes it does not prevail was denied.
In the year two thousand and eight
An Ordinance to amend and Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Article VII of the City of Salem Zoning Ordinance is hereby amended by adding the following language:
Section 7-15 Planned Unit Development.
a. “BPD, Business Park Development District:” to be included in the list of districts eligible to receive a special permit for a planned unit development in accordance with all the requirements of the Ordinance.
Section 2. This Ordinance shall take effect as provided by City Charter.
#646 – COMMUNICATION FROM SALEM / BEVERLY WATER SUPPLY BOARD RE: SALEM’S WATER USAGE
A communication from Thomas W. Knowlton, Superintendent Salem / Beverly Water Supply Board regarding the amount of water supplied to the City of Salem. The matter was referred to the Committee on Government Services.
#647 - #655 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
JUNK DEALER Isaac Talkowsky & Son, 18 Phillips St., Salem
PUBLIC GUIDE Michael Metzger, 25 Shepard St., Marblehead
Richard Metzger, 25 Shepard St., Marblehead
Susan Metzger, 25 Shepard St., Marblehead
Douglas Sabin, 34 Northey St., Salem
PUBLIC GUIDE
CONTINUED Hannah Diozzi, 20 Pleasant St., Salem
Herb Van Dam, 361 Lafayette St., Salem
William Sano, 35 Daniels St., Salem
Allen Winecour, 161 Garland St., Everett
Nancy Sweeter, 60 Burley St., Danvers
Robert Woodward, 56 Hatherly Rd., Rockland
Lee Oestreicher, 45 Longwood Ave., Brookline
Rosemary Wolf, 128 Bridge St., Salem
Thomas Vallor, 83 Essex St., Salem
Jeffrey Horton, 16 Garfield Ave., Beverly
Mollie Stewart, 24 Essex St., Salem
Nichole Clarke, 28 Howard St., Salem
Mike Vitka, 1 Devereaux Ave., Salem
Michelle Carelis, 195 Lafayette St., Salem
Frances Morrow, 12 Strawberry Hill Ln., Salem
SEAWORM Manuel Carroca, 12 Union St., Peabody
Arthur Barreira, 49 Webster St., Peabody
Joe Mendonca, 22 Spring St., Peabody
SECOND HAND
CLOTHING Boston St. Children’s Resale, 124 ½ Boston St., Salem
Witch City Consignment & Thrift, 301 Essex St., Salem
SECOND HAND
VALUABLE Glass & Etc., 180 Essex St., Salem
Bernard’s Inc., 179 Essex St., Salem
Sean P. Pray., 3 Hawthorne Blvd., Salem
Gamestop And Movies Too, 440 Highland Ave., Salem
Marine Arts Galleries Inc., 135 Essex St., Salem
Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem
R.A. DiFillipo Antiques, 55 Lafayette St., Salem
RJ’s Coins, 72 Wharf St., Salem
Record Exchange, 256 Washington St., Salem
Salem Coin & Jewelry, 149 North St., Salem
Salem Used Furniture & Antiques, 107 ½ Bridge St., Salem
Same Day Services, 2 Mason St., Salem
Tobie’s Jewelry, 142 Washington St., Salem
Witch City consignment & Thrift, 301 Essex St., Salem
Bewitched in Salem, 180 Essex St., Salem
TAG DAY S.H.S. Indoor Track, Dec. 14, 2008 & Jan. 24, 2009
S.H.S. Girls Lacrosse, March 28, 2009 & April 11, 2009
S.H.S. Field Hockey, Sept. 12, 2009 & Sept. 26, 2009
S.H.S. Girls Volleyball, Sept. 19, 2009 & Oct. 3, 2009
#656 – TAXI OPERATOR LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATOR Edwin Gonzalez, 106 Lafayette St., Salem
Paul Rizzo, 30 Prospect St., Gloucester
#657 – DRAINLAYER / CONTRACT OPERATON
The following Drainlayer / Contract Operator license applications were granted.
Bartlett and Steadman Co. Inc., 67 Village St., Marblehead
Caruso Corp., 320c Charger St., Revere
Drainlayers continued
J. Masterson Construction Corp., 46 Prince St., Danvers
Meninno Construction, 76 Oakville St., Lynn
#658 - #665 – CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Andrew Cheever, 23 Willson St., Salem
Stephen Costa, 51 Lafayette St., #411, Salem
Natalie Femino, 2 Linden St., Salem
Kenneth Gurley, 21 Cabot St. #2, Salem
Tina Jodrie (Richard), 40 Derby St., Salem
Gwendolyn Keiver-Hewett, 2 Raymond Terr., Salem
Arthur King, 7 Wall St., Salem
Argia Migliaccio, 42 Winthrop St., Salem
#666 – SIGN BOND
The following Sign Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
SIGN Urban Elements, 230 Essex St., Salem
(#320) – SECOND PASSAGE ORDINANCE RELATIVE TO DOG LICENSE FEE
The matter of second and final passage of an Ordinance amending Chapter 8, Section 8-24 (c), relative to dog license late fee, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Lovely the meeting adjourned at 9:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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