A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
April 8, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on April 2, 2010 at 9:27 A.M.
All Councillors were present.
Council President Robert McCarthy presided.
Councillor Pinto moved to dispense with the reading of the record of the previous meeting. It was so voted.
President McCarthy requested that everyone please rise to recite the Pledge of Allegiance.
#218 – APPOINTMENT OF THOMAS WATKINS AS THE PURCHASING AGENT
The Mayor’s appointment of Thomas Watkins to serve as the City of Salem’s Purchasing Agent with a term to expire on February 1, 2012, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole.
#219 – #220 CONSTABLES
The Mayor’s reappointment of the following to serve as constables was received and placed on file.
Scott Kugel, Sr., 77 Barstow St., Salem Term to expire: March 15, 2011
Frank Salvo, 24 Riverview Ave., Danvers Term to expire: March 11, 2013
#221 – APPR. TO BE EXPENDED FOR REPAIR OF POLES AT PALMER COVE BASEBALL FIELD
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated to the “Capital Outlay Renovations & Repairs” account to be expended for the repair of three (3)
poles at Palmer Cove Baseball field by the Recreation Department in accordance with the recommendation of Her Honor the Mayor.
#222 – TRANSFER TO TREASURER – CREDIT CARD FEES
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole.
ORDERED: That the sum of Five Thousand Five Hundred Dollars ($5,500.00) is hereby transferred from the “Treasurer – Short Term Debt Other Interest” account to the “Treasurer Credit Card Fees” account in accordance with the recommendation of Her Honor the Mayor.
#223 – ACCEPT DONATION FOR ESSEX COUNTY SUMMER CAMP PROGRAM
The following Order recommended by the Mayor, was adopted and a letter of thanks be sent to the G.E. Good Neighbor Fund for their donation with a cc to the City Council.
ORDERED: To accept the donation from G.E. Employees Good Neighbor Fund in the amount of Six Thousand Dollars ($6,000.00) to fund the Essex County Summer Camp Program. These funds will be deposited into the Police Department Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#224 – ACCEPT DONATION OF AN AMBULANCE FOR THE POLICE DEPARTMENT
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole.
ORDERED: to accept an ambulance as a donation from Action Ambulance Company to the Salem Police Department.
#225 – APPLICATION TO HUD FOR CDBG FUNDS
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole.
ORDERED: That the City Council hereby approves the submittal of the City of Salem’s Application for Federal Assistance to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of July 1, 2010 through June 30, 2011 in the amount determined by HUD’s formula entitlement allocation ($1,245,477).
#226 – ORDINANCE RELATIVE TO SIGNS AND BILLBOARDS
The following Ordinance recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
In the year two thousand ten
An Ordinance relative to portable signs
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. City Ordinance Chapter 4, Article II Signs and Billboards is hereby amended by:
(1) deleting Section 4-58 (e) in its entirety and replacing it with the following:
“(e) Except as provided in Section 4-60 of this Article, movable or portable and so-called trailer signs are prohibited, with the exception of signs and other advertising devices on rolling stock;” and
(2) adding a new section as follows:
“Sec. 4-60. Portable Signs.
(a) Purpose and intent. The purpose and intent of this section is to allow portable signs to improve the visibility of businesses while maintaining a professional, attractive and safe business area.
(b) Portable sign definition. An on-site, non-illuminated, movable sign that is not attached to a structure or the ground used to advertise the location, goods or services offered on the premises. A portable sign may be located on private property or a public sidewalk provided the minimum clearance area established by this Ordinance, state law or regulations are met.
(c) Applicability. Portable signs that meet the requirements set forth in this section shall be allowed for businesses with individual first floor storefronts in the Business Neighborhood (B1) and Central Development (B5) districts.
(1) Portable signs shall be allowed for businesses that share first floor storefronts or are located above the first floor provided that the businesses using the same first floor entrance share one portable sign.
(2) Failure of businesses to demonstrate good faith collaboration on a shared portable sign at any time shall result in the revocation of any existing portable sign permit for any of the businesses.
(d) Review and approval. The review and approval procedures set forth in Chapter 4, Article II of this ordinance shall apply to portable signs.
(e) Number of portable signs. No business shall be allowed to have more than one (1) portable sign for each entrance from a public right of way. If a business has more than one (1) location, one (1) sign may be permitted for each location.
(f) Term.
(1) The sign may be placed outside only during the hours of the establishment’s operation.
(2) No sign shall be placed within the public right of way for the duration of a declared snow emergency.
(3) No sign shall be placed within the public right of way on October 31.
(g) Placement.
(1) Portable signs shall be appropriately placed to minimize the appearance of clutter.
(2) No portable sign shall be located in front of handicap walkways, or block building entrances, exits, and fire escapes.
(3) No portable sign shall interfere with the sight distance of traffic passing the site. When this is in question, determination of sight distance shall be made by the City Engineer.
(4) Placement of the sign must comply with the regulations of the State Architectural Access Board C.M.R 521 (handicap regulations) enforced by the City Building Commissioner. The Sign Review Committee cannot issue a waiver from these regulations.
(5) The sign shall be located directly in front of the establishment it advertises and within ten (10) feet of the main entrance. The Sign Review Committee may grant an exception to the ten (10) foot maximum distance if warranted by the physical characteristics of the site. Placement of the sign shall allow a minimum of five (5) feet of unobstructed sidewalk clearance between it and any building or other obstruction. The width of unobstructed sidewalk clearance may be reduced by the Sign Review Committee in cases where the placement of the proposed sign would not interfere with the use of the sidewalk, but in no event shall the width of a sidewalk be reduced to a width passable by pedestrians of less than three (3) feet.
(h) Design, Construction and Maintenance.
(1) The design (color, fixed lettering style, symbols and material) of a portable sign’s permanent elements shall complement and be compatible with the design of the establishment’s primary sign(s), abutting properties, and the general streetscape in the immediate vicinity of the establishment.
(2) No trademarks other than the establishment’s own trademark shall be included on the portable sign.
(3) The portable sign must be made of durable, rigid material such as, but not limited to, wood, plastic or metal.
(4) The sign must be free-standing and shall not be affixed, chained, anchored, or otherwise secured to the ground or to any pole, parking meter, tree, tree grate, fire hydrant, railing, or other structure.
(5) The sign must be internally weighted so that it is stable and windproof.
(6) Additions such as flyers, ribbons, balloons, illumination, electrical components, speakers and the like shall not be added to any portable signs.
(7) Signs with changeable letters, animation, movement, or sound shall not be permitted.
(8) Prices, telephone numbers, and Internet addresses shall not be greater than four (4) inches tall.
(9) Portable signs must be kept in good condition.
(i) Size. No portable sign shall exceed six (6) square feet per side and shall not exceed two (2) feet in width.
(j) Calculations. Portable signs shall not be included in calculations for other types of signage permitted by this ordinance.
(k) Sec. 4-85 Liability insurance. Proof of adequate liability insurance with a minimum limit of $1,000,000.00 for each occurrence must be provided to the City Clerk and remain in effect for as long as the portable sign is used. The portable sign must be indicated as being included in the liability coverage. The City, and in the Urban Renewal Areas, the Salem Redevelopment Authority, must be listed as additional insured(s).
(l) Removal for failing to obtain a permit. Portable signs existing on June 1, 2010 must be permitted by November 30, 2010. Portable signs that have not been permitted by this date or erected without a permit thereafter must be removed. Any sign that is not permitted may be removed by the City Building Inspector (State Building Code 780 C.M.R Section 116).
Section 2. This Ordinance shall take effect as provided by City Charter
#227 – TAG DAY
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day application for the Salem High School Boys Track for April 11, 2010 and May 15, 2010 be granted.
#228 – RESOLUTION MUNICIPAL EMPLOYEE HEALTH CARE REFORM
Councillor Sosnowski introduced the following Resolution, which was adopted by a roll call vote of 10 yeas, 1 nay, 0 absent.
RESOLUTION
WHEREAS: the City of Salem expends in excess of $10 million dollars per year on employee health insurance costs, and
WHEREAS: the City of Salem is limited in our ability to change employee health insurance plans by MGL Chapter 32B without first gaining approval by municipal collective bargaining units, and
WHEREAS: municipal employee health insurance premiums are expected to increase this year by 12%, and
WHEREAS: modest changes in health care plan co-pays and deductibles could reap savings estimated at $1 million dollars per year to the City of Salem, as well as savings to employees in the reduction of their share of premium costs, and
WHEREAS: the City Council strongly supports a joint effort with the Administration to reduce overall health insurance costs by making adjustments in co-pays and deductibles
NOW, THEREFORE BE IT RESOLVED, as follows:
That the Salem City Council strongly supports the Administration’s efforts to reduce health insurance costs by increasing the health insurance co-pays and deductibles and would urge municipal employees to come together and work with city officials toward this effort as a means to avoid layoffs and preserve services.
BE IT FURTHER RESOLVED that the Salem City Council strongly supports changes in state law that would provide cities and towns with the authority to make changes in health insurance plans outside of collective bargaining.
#229 – YEAR TO DATE BUDGET REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Year to date budget report dated March 31, 2010, be received and placed on file.
#230 – RESOLUTION TO BAN SMOKING IN PUBLIC HOUSING
Councillor Furey introduced the following Resolution, which was referred to the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole.
RESOLUTION:
The undersigned City Councillors respectfully petition for the passage of the accompanying bill: An Act relative to public housing:
Section 1: Notwithstanding any general of special law to the contrary the executive office of Housing and Community Development shall promulgate rules and regulations to establish collecting living spaces in public housing that are deemed to be non-smoking House
Bill 2161: An Act Relative to Smoking Near Public Buildings and Workplaces.
Be it enacted by the Senate and House of Representatives in the General Court assembled and by the authority of the same as follows:
Section 1. Chapter 270 of General Laws as appearing in the 2004 Official Edition, is hereby amended by inserting after section 22 the following section:
Section 22A Smoking is prohibited within a presumptively reasonable minimum distance of twenty five feet from the entrances, exits, and windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means. Owners, operators, managers, employers, or other persons who control a public building or
workplace may seek to rebut the presumption that twenty five feet is a reasonable minimum distance by making application to the director of the local health department or district in which the public place or workplace is located. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such
public building or workplace and, therefore, the public health and safety will adequately be protected by a lessor distance.
Owners, or in the case of a leased or rented space the lessee or other person in charge, of a place shall prohibit smoking as appropriate under this section. Signs shall be posted conspicuously at each large building entrance. When violations occur, a warning shall first be given to the owner or the other person in charge. Any subsequent violation is subject to a civil fine of up to one hundred dollars. Each day upon which a violation occurs or is permitted to continue constitutes a separate violation.
Any person intentionally violating this section by smoking near a public building or workplace, or any other person removing, defacing, or destroying a sign required by this section will be subject to a civil fine of up to one hundred dollars. Any person passing by or through a public building or workplace while on a public sidewalk or public right of way will not be in violation. Local law enforcement agencies shall enforce this section.
In conclusion, we the City Council support a resolution to ensure public health and safety principles and purposes as addressed in these two bills and would recommend passage in the best interest of public health and safety in public housing.
#231 – ORDINANCE AMENDING TRAFFIC STOP SIGN PERKINS STREET
Councillor McCarthy introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 49, “Stop Sign”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Perkins Street, at the intersection with Lynch Street, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor McCarthy assumed the chair.
#232 – (#209 - #211) GRANTING LICENSES
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
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 of the following:
TAG DAYS S.H.S. Boys Lacrosse, April 18, 2010
S.H.S. Girls Lacrosse, April 24, 2010 & May 16, 2010
S.H.S. Marching Band, December 4, 2010
#233 – (#174 - #176) TAXI OPERATOR HEARING
Councillor Lovely offered the follow report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a hearing request on the denial of Taxi Operator License by Peter Jermyn, has considered said matter and would recommend approval.
#234 – (#187) APPR. FOR RETIREMENT BUYBACK FOR SCHOOL PERSONNEL
Councillor Prevey offered the follow report for the Committee on Administration and Finance.
The Committee on Administration and Finance to whom was referred the matter of an Appropriation in the amount of $61,863.71 from Retirement Stabilization Fund to be expended for the retirement buyback of three school department personnel, has considered said matter and would recommend approval.
#235 – (#189) APPR. TO PUBLIC SERVICES EQUIPMENT
Councillor Prevey offered the follow report for the Committee on Administration and Finance.
The Committee on Administration and Finance to whom was referred the matter of an Appropriation in the amount of in the amount of $7,800.00 from the “Receipts Reserved – Sale of Vaults” account, has considered said matter and would recommend approval.
#236 – (#188) TRANSFER TO MIS EDUCATIONAL TRAINING ACCOUNT
Councillor Prevey offered the follow report for the Committee on Administration and Finance.
The Committee on Administration and Finance to whom was referred the matter of an Transfer in the amount of in the amount of $21,875.00 from the “MIS Full Time Salary” account to the “MIS Educational Training” account, has considered said matter and would recommend approval.
Councillor Pelletier was recorded as opposed.
#237 – (#662) MAYOR’S SPECIAL REVOLVING ACCOUNT
Councillor Prevey offered the follow report for the Committee on Administration and Finance co-posted with the Committee of the Whole.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the Mayor’s Special Event Revolving Fund, has considered said matter and would recommend that the order be amended that the funds are only for the 4th of July and Haunted Happenings.
Councillor Lovely was recorded as opposed.
#238 – (#92) CAFR REPORT AND MANAGEMENT LETTER FROM POWERS & SULLIVAN
Councillor Prevey offered the follow report for the Committee on Administration and Finance co-posted with the Committee of the Whole.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the CAFR Report and Management Letter from Powers &
Sullivan, has considered said matter and would recommend that the matter be reported out with no recommendation.
#239 – (#291, #292 of 2008) CAFR REPORT AND MANAGEMENT LETTER DATED JUNE 30, 2007
Councillor Prevey offered the follow report for the Committee on Administration and Finance co-posted with the Committee of the Whole.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the CAFR Report and Management Letter from Powers & Sullivan dated June 30, 2007, has considered said matter and would recommend that the matter be discharged from committee.
#240 – PETITION FROM THELMA NAOMI FRACISCO FOR NO PARKING SIGN ON BARR ST. EXTENSION
The matter of a petition submitted by Thelma Naomi Francisco and Carlos Vargas for a No Parking Sign on Barr Street Extension, was referred to the Committee on Ordinances, Licenses and Legal Affair co-posted with the Committee of the Whole.
#241 -#244 LICENSE APPLICATIONS
Councillor Lovely moved to divide the question and take up the Public Guide and Seaworm applications.
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDES Eric Fialho, 22 Hancock St., Salem
Dominic Lavorante, 171 Loring Ave., Salem
SEAWORM Antonios Konstantilakis, 4 Bow St., Salem
The following Tag Day application was denied.
TAG DAYS Veterans Support Organization, April 23, 2010
Councillor Sosnowski moved for immediate reconsideration in the hopes it would not prevail was denied.
#245 - #246 LICENSE APPLICATIONS
The following licenses were granted.
LIMOUSINES Tri City Services, 55R Walnut St., Peabody (3)
Villanueva Transportation, 106 Lafayette St., Salem (1)
Salem Cab Dispatch Services, 3 Harbor St., Salem (3)
Tejada Transportation, 106 Lafayette St., Salem (1)
TAXI CABS Tri City Services, 55R Walnut St., Peabody (7)
Finix Livery Service, 142 Canal St., Salem (5)
Community Taxi Inc., 27R Caller St., Peabody (6)
TAXI OPERATORS Julio Diaz, 27 Garden Ter., Salem
Robert Martinez, 11R Union St., Beverly
#247 - #252 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Keith Almeida, 4 Celestial Way, Salem
Andreas Athanasopoulos, 3 Laurent Rd., Salem
Alfred Carnevale, 14 Monroe Rd., Salem
Frederick Hersey, Jr., 6 CCC Rd., Salisbury
Cheryl Emis, 9 Pickering Way #8, Salem
Kristen MacDuff, 37 Central St., Peabody
#253 - #254 BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Scott Kugel, Sr., 77 Barstow St., Salem
Frank Salvo, 24 Riverview Ave., Danvers
(#192) - SECOND PASSAGE ORDINANCE TRAFFIC, STOP SIGN CYPRESS STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42 Sec. 49 “Obedience to Isolated Stop Sign” Cypress Street, was then taken up. The Ordinance was adopted for second and final passage.
(#193) – SECOND PASSAGE ORDINANCE TRAFFIC, REPEAL HANDICAP PARKING CEDAR STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42 Sec. 50B “Handicap Parking Zone, Limited Time” Repeal Cedar Street, was then taken up. The Ordinance was adopted for second and final passage.
(#194) – SECOND PASSAGE ORDINANCE TRAFFIC, REPEAL HANDICAP PARKING HAZEL STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42 Sec. 50B “Handicap Parking Zone, Limited Time” Repeal Hazel Street, was then taken up. The Ordinance was adopted for second and final passage.
(#196) – SECOND PASSAGE ORDINANCE TRAFFIC, REPEAL HANDICAP PARKING MAY STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42 Sec. 50B “Handicap Parking Zone, Limited Time” Repeal May Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Lovely the meeting adjourned at 8:45 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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