Neighborhood Improvement Advisory Council
City of Salem
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Draft Meeting Minutes
Thursday, September 3, 2009
7:00 pm
Members in attendance: Jim Moskovis (Chair), Michael Coleman (V. Chair), Patricia Zaido, RoseMary O'Connor, Shirley Walker, Leslie Limon, Lucy Corchado, Ana Gordan
Members not in attendance: Jim Rose, Stan Franzeen, Meg Twohey, Jeff Cox
City Staff: Jason Silva
Public: Beverlie McSwiggin, Pat Libertie, Scott Weisberg, Dorothy Lemelin, John Healey, Kathy Meadowcroft, Jon Pitts, Jen Pitts, Bob McCarthy (Ward 1 City Councilor), Teasie Riley Goggins
Introduction
The members introduced themselves and identified each neighborhood group they belong in. Draft meeting minutes for the 8/6/09 meeting were reviewed and approved (no changes).
Public Comment
Jim Moskovis opened the meeting to public comment.
Noxious Fumes
Dorothy Lemelin of 15R Franklin Court spoke about noxious fumes believed to be emanating from the abutting business, K&C Autobody, and the serious negative impact on her health and well-being. Her family has lived next door to K&C, and previous businesses that have occupied that location, for over forty years. In the past few years, noxious odors have been a problem - she feels she cannot use her yard, park in her own driveway, open her windows at night, or have her children or grandchildren over to her home. She feels she has been following the protocol that City staff has directed to her to follow in reporting the noxious fumes. As instructed by the Health Department, she has called the Salem Fire Department (SFD) non-emergency number, and the SFD has called the Health Dept. for an agent to go to her home
and investigate the odor. However, when the Health Agent has arrived in the past, the odor had disseminated, and no action was taken by the agent.
The last time that Dorothy called the SFD, a fire truck was dispatched to her home. She said that a member of SFD entered her home without invitation and said he did not smell the odor. The member of SFD then informed Dorothy that the business was going to file a harassment suit against her. Dorothy asked the NIAC board what the city is going to do to resolve the issue of noxious fumes at her property and suggested that the City form a group to discuss how reports of noxious fumes can be handled more promptly and effectively. She is frustrated that her efforts over the past few years seem to be going in circles as she continues to live in fear of her health in her home. She has moved to the opposite side of her home to try to avoid inhaling the fumes. Dorothy has noticed that employees at K&C Autobody often
work until 11:00 pm or later, and on weekends and holidays.
Jon Pitts of Franklin Court, a neighbor of Dorothy, stated that the fumes, 50 times worse in his yard than Dorothy's and smell more potent than nail polish, penetrate his home. Four weeks ago, he could smell the fumes over the barbeque as he was cooking on the grill in his yard. He could taste the fumes in the back of his throat. He has taken photos of K&C Autobody with a telephoto lens.
Kathy Meadowcroft stated that when a police officer responded to a recent complaint, he didn't want to walk in Dorothy's driveway due to the overwhelming fumes. She said that the officer suggested to Dorothy that she should move.
John Healey of 25 Mason St. stated that many businesses have occupied the location abutting Dorothy's home, but they have never had problems with fumes until recently. He is concerned about the possibly carcinogenic and toxic effects of the fumes on neighbors. However, John emphasized that he and concerned neighbors do not want to put K&C out of business.
Jim M. asked if K&C has a license to work after 11:00 pm. Jason Silva said that the current ordinance allows the business to operate until 11:00 pm. Jim M. also asked if neighbors have discussed their concerns with their Ward 6 Councilor, Paul Prevey. Leslie Limon stated that Councilor Prevey has fielded many emails related to the fumes and has walked the area.
Shirley Walker suggested that since the business has employees, to contact OSHA about the fumes and asked if employees wear masks while operating the paint booth. Jon P. confirmed that he has seen employees wearing masks. Jason stated that Acting Health Agent David Greenbaum confirmed that K&C has recently installed a new ventilation system that is in compliance with DEP regulations. Jon P. suggested that perhaps K&C may not be replacing the filters often enough and that filters are expensive. Shirley suggested that the OSHA regional office be contacted to investigate the fumes and to provide information on what is in the fumes.
Leslie Limon said that she appreciates Jason's research into related reports to the Health and Fire Departments back to 2005, and said that she has saved email threads related to complaints and responses back to 2006. She stated that due to the intermittent and unpredictable occurrence of the odors, the Health and SFD have arrived after the odors have dissipated, and therefore have not smelled the odors while responding to complaints. Leslie stated that a neighboring business, Autohaus was recently given a permit to weld at their business, and their range of services has increased recently beyond routine oil changes, which Leslie suggested could also be a source of the noxious odors.
Leslie then said that Dorothy recently found a dirty latex glove carefully perched atop her fence in the form of an obscene hand gesture. Dorothy also recently found a new tire on her car, which had been parked at her house, punctured and pulled away from the frame. Dorothy stated that she did not report these incidents to the police. Jon P. said that recently, an employee asked him to please talk to someone at the business about fumes before contacting the Health Department. Later, when Jon P. smelled the odor, he approached an employee who yelled at Jon to stop harassing them, and followed with obscenities. After that incident, Jon P. has been contacting the Health Department immediately when he has smelled the odor.
Beverlie McSwiggin said that she took photos of K&C Autobody. Leslie passed the photos around to the other board members. She said that an employee asked her what she was doing there; a police officer then arrived and told her that he was responding to a trespassing report. Beverlie stated she saw several unregistered, unlicensed cars on K&C's property and is concerned about a fire hazard. Councilor Bob McCarthy said that such cars should be reported to the Building Department; the SFD can cite the property owner only after action is recommended by the Building Inspector. Jason added that legally, the City cannot move such cars without obtaining a court order to do so, which is often a very lengthy process.
Pat Libertie suggested that because the odor dissipates before the Health Agent arrives to respond to a complaint, that the Health Department conduct random spot checks at K&C and abutting residences. RoseMary O'Connor suggested that the Health Agent go to K&C and ask them to turn their paint booth exhaust system on, so that the agent can smell the odor. Leslie said these strategies have been suggested to the BOH, which says it doesn't have the manpower to do spot checks.
Leslie mentioned that the neighborhood in which the businesses operate is zoned R-2 and that under the current zoning ordinance, the businesses are not an allowed use. Jason said that the family that runs K&C has been operating in some form at that location for 38 years. Leslie said the use has been grandfathered in, but that the issue of noxious fumes has been recent. Jason confirmed that it is a grandfathered use. He stressed that the City hasn't washed its hands of the issue, and that his email summarizing the City's responses to complaints back to 2005 was just a way of documenting the responses.
Jason said he would pass the suggestions on to the Health Dept. He then proposed that the City set up a smaller follow up meeting including neighbors, Ward 6 Councilor Paul Prevey, concerned residents, and representatives of K&C Autobody and Autohaus. Lucy Corchado added that during the meetings, it should be emphasized that residents are to be respected when reporting on noxious odors. Jon P. offered his photos to be shared at the follow-up meeting. Jason recommended that the issue of noxious fumes and the City's resolution of the issue be kept on the agenda for the next NIAC meeting.
Trolley on Derby Street
Ward 1 Councilor Bob McCarthy reported on the issue of tourist trolleys standing on Derby Street and slowing traffic. He said that the current ordinance allots a stopping space starting at the curb cut at the Rigging Shed that accommodates two trolleys or buses. Signs are at the location designating it as a bus/trolley stop, but residents may park there after 4:00 pm. Mike Page will instruct the trolley operators to use the designated spots to stop, instead of in front of the Custom House. Bob says that the issue should be resolved before Halloween.
Crime
Scott Wiseman reported recent reports of drug dealing at Rawlins St. and Highland Avenue. Salem Police have been responding to reports, but often arrive after the alleged dealers have left the area. Drug activity is suspected because witnesses have reported cars pulling up to other cars and leaving after about a minute. Pat said that her neighborhood group as met with the Salem Police Community Impact Unit (CIU) concerning drug deals, and Jim said the police need to collect evidence before they can take action against suspected drug dealing. Shirley Walker mentioned that she has asked the Salem Police for 2008 & 2009 crime stats. She has not received the stats, and would like her request to remain on the agenda until she receives them. Jim M. asked Jason to bring the requested crime stats to the next NIAC meeting.
Upcoming Events
Scott announced that the Ward 4 Group will meet Sept. 15 at the AOH on Boston Ave. The agenda includes the Mayor's presentation on the City and No Place for Hate. All are welcome.
RoseMary O'Connor announced that the Mack Park Neighborhood Group will be meeting at the Moose Lodge on Grove St. on Sept. 8. The agenda includes the Mayor's presentation on the City. Their October neighborhood meeting will feature the Essex County Sheriff. She also mentioned that the Moose Lodge will be co-hosting Child Safety Day on with the City's Youth Commission on Sept. 19. RoseMary announced that her neighborhood group has organized playground building with the help of inmates on Sept. 12. All are welcome to these events.
Marlborough Road / Highland Ave. / Old Village Road
Pat L. reported that the telephone pole in the sidewalk at Marlborough and Highland Ave. is still here, rendering the sidewalk non-handicap-accessible. Jason responded that the work at the intersection is part of the signalization project, and that work is still being completed. Pat L. said that there is often a traffic jam at 5:00 on Highland Ave. At that time of day, it takes 45 minutes to drive from Peabody to the intersection of Highland Ave/Marlborough Rd. Scott W. said that new signs at Highland and Old Village Road are one-sided and can only be seen from Old Village Road.
Public Comment Period Closed
Michael Coleman moved that the Public Comment period be closed. Leslie seconded the motion.
Demolition of Houses
Jim M. suggested that the agenda item to discuss proper procedures for demolishing houses, including notification of abutters, be moved to the next NIAC meeting. Jason said he didn't bring a summary of the proper procedures/guidelines, but will bring them next meeting.
Animal Control
Leslie Limon reported that her issue with animal control had been resolved successfully. She said that Animal Control Officer (ACO) Don Famico dealt with her issue excellently. Owners of the dogs that had attacked her cat were cited, and both dogs declared dangerous animals. The ACO required that the dog owners restrain their dogs. She suggested inviting the Don Famico to a future NIAC meeting to explain procedures in reporting animal incidents and address wildlife hazards to pets. Jason added that Famico has been great at responding to reported incidents. Beverlie mentioned that while the ACO is part-time, he gives each case a number to facilitate citizens following up on their reports. Patricia Zaido said that the Leash Law needs to be enforced, and suggested that Don Famico address this issue when he is at an upcoming
NIAC meeting. Councilor Bob McCarthy added that if anyone witnesses a dog owner who does not pick up after his/her dog, to take a photo if possible and forward it to Don Famico. Famico will send the dog owner a citation upon identifying the owner in the photo.
Other Business
Fiesta Show
Shirley asked if the Fiesta Winter Carnival Show that had been proposed for Klop Alley between Thanksgiving and Christmas was going to proceed, and inquired why downtown residents were not consulted for feedback on the proposal. Jason replied that it was just a concept, and that downtown businesses universally opposed the idea. He said that if the show had received initial support from downtown businesses, that the City was planning to ask downtown residents for feedback before granting approval for the carnival. He said that the Mayor, who will be attending the Downtown Neighborhood Association meeting on Sept. 17, had planned on asking the residents their opinion, if the businesses had not strongly opposed the carnival. Jason said that the carnival is not going to happen.
Resignation from NIAC of Downtown Neighborhood Association's Shirley Walker
Shirley Walker resigned from NIAC after one year of raising key DNA issues such as Halloween review, outdoor noise ordinance, crowd control and public safety. Jim M. asked Shirley if she has a replacement for NIAC. Shirley replied that a replacement will be selected by the Downtown Neighborhood Association at their Sept. 17 meeting.
Power Plant Helicopter
Jim M. invited Councilor Bob McCarthy to speak about a recent low-flying helicopter. Bob informed the group that the helicopter was for lifting equipment at the Dominion Power Plant.
October Meeting Date
The October NIAC meeting is scheduled for October 8 instead of October 1, due to the Haunted Happenings Parade on the evening of 10/1.
Meeting Minutes recorded by Ana Gordan
Meeting adjourned at 8:40 pm
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