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MINUTES - Regular - 09-28-2000 CITY OF SALEM 583 SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 28, 2000 at 7.00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 21, 2000 at 3.21 p.m. All Councillors were present Council President Kevin R. Harvey presided. Councillor Flynn moved to dispense with the reading of the record of the previous meeting. It was so voted. President Harvey requested that everyone please rise to recite the Pledge of Allegiance. #667 -JOINT POLE RELOCATION, LORING AVENUE A hearing was held on the order of Verizon and Massachusetts Electric Company for a joint pole relocation on Loring Avenue. Appearing in favor were Mr. Terrence P. Dolan of Verizon, Councillors O'Keefe, O'Leary, and Harvey. There was no one opposed. The hearing was closed. Councillor O'Keefe moved that the request be granted. It was so voted. #668 -APPT. JOHN KEENAN AS CITY SOLICITOR The Mayor's appointment of Attorney John D. Keenan as City Solicitor effective October 1, 2000, replacing Attorney William J. Lundregan, was received and filed. Councillor O'Leary moved that a City Seal be sent to Attorney Lundregan. It was so voted. #669 -APPT. JAMES G. GILBERT AS ASST. CITY SOLICITOR The Mayor's appointment of Attorney James G. Gilbert as Assistant City Solicitor was received and filed. #670 -APPT. MICHAEL J. BRENNAN, REDEVELOPMENT AUTHORITY The Mayor's appointment of Michael J. Brennan, Jr. as a member of the Redevelopment Authority for a term to expire August 1, 2001, was confirmed under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. 584 CITY OF SALEM SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL Councillor O'Keefe moved that a letter and City Seal be sent to Kevin Daly. It was so voted. #671 - REAPPT. CONSTABLE The Mayor's reappointment of Jeffrey W. Vaughan as a Constable was received and filed. #672 -APPR. PARK DEPT. RECREATION SUPPLIES The following Order, recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Twenty-eight Thousand Dollars ($28,000.00) is hereby appropriated from the "Receipts Reserved Golf Course" Account to the "Park Department Recreational Supplies" Account in accordance with the recommendation of His Honor the Mayor. #673 - LETTER FROM HUD REGARDING CDBG ALLOCATION A letter from the U. S. Department of Housing and Urban Development regarding the CDBG allocation was received and filed. #674 - REINSTITUTE CITY-WIDE STREET SWEEPING PROGRAM Councillor Flynn introduced the following Order which was adopted. ORDERED: That the City reinstitute the comprehensive city-wide street sweeping program, effective October 2, 2000. #675 - ELIMINATION OF DEPUTY COLLECTOR OF TAXES POSITION Councillor Hayes introduced the following Order which was adopted by a unanimous roll call vote of 11 yeas, 0 nays, 0 absent. ORDERED: That the City Treasurer/Collector and the Purchasing Agent appear before the Ordinances, Licenses, and Legal Affairs Committee within two weeks of the passage of this order, to discuss the immediate elimination of the position of Deputy Collector for Automobile Excise Taxes and Personal Property Taxes. #676 - COMMITTEE OF WHOLE DISCUSS CITY MANAGER FORM OF GOVERNMENT CITY OF SALEM 585 SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL Councillor Furey, in conjunction with Councillor Harvey, introduced the following Order, which was adopted. Councillor O'Keefe as recorded as 'opposed'. Councillor O'Leary assumed the chair for President Harvey. ORDERED: That the Committee of the Whole meet with the Salem Citizens Alliance to discuss the City Manager form of government. #677 - RESURFACE TENNIS COURTS AT PALMER COVE, MCGRATH PARK, AND FRANKLIN STREET PLAYGOUND Councillor Harvey introduced the following Order which was adopted. ORDERED: That the Park & Recreation Superintendent resurface the tennis court at Palmer Cove, McGrath Park, and Franklin Street playground. #678 - CITY'S APPLIANCE PICK-UP POLICY Councillor Harvey introduced the following Order which was adopted. ORDERED: That the Director of Public Services appear before the Committee on Ordinances, Licenses, and Legal Affairs to discuss the appliance pick-up policy for the City. #679 - TRANSIENT VENDOR LICENSE Councillor Harvey introduced the following Order which was adopted. ORDERED: That the attached Transient Vendor/Photographer License (John Dananbarger of Rotary Club), be approved. #680 - ORDINANCE ESTABLISHING DUMPSTER REGULATIONS Councillor Driscoll introduced the following Order which was adopted. ORDERED: That the attached proposed new section of the Salem Code of Ordinances be forwarded to the Building Inspector, Fire Chief, Health Agent, and the Committee on Ordinances, Licenses and Legal Affairs for their review and comment. #680A - ORDINANCE AMENDING CHAPTER 24, DUMPSTERS In the year two thousand 586 CITY OF SALEM SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL 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. The Salem Code of Ordinances are hereby amended by adding the following new Section, to Chapter 24, Offenses and Miscellaneous provisions: Section 24-23 DUMPSTERS Dumpster shall mean any receptacle used for the collection, storage and/or transportation of rubbish, garbage, materials to be recycled, including but not limited to used clothing, and other substances and materials, with a lid or covering. Dumpster Owner shall mean and refer to the person(s) having title to the land upon which a dumpster is located. Enforcement, issuance, fees. The Building Department, Board of Health, and the Fire Department are hereby designated as the enforcing agencies of this section, according to their respective powers and duties. Any permit required under this section shall be issued by the Building Department on an application provided by said Department. Location. Each dumpster must be located at a distance from the lot line, so as not to interfere with the safety, convenience, or health of abutters, residents and the general public, and not to damage the physical integrity of the curb and sidewalk. The location of dumpsters shall be subject to approval of the Building Department and the Fire Department. Screening. All dumpsters visible from a public way or located in a residentially zoned area or within 50 feet of a residentially zoned area shall be enclosed or screened. Hours for use; protection when not in use. No dumpster shall be filled or emptied between the hours of 11.00 p.m. and 7.00 a.m., unless special circumstances are shown to the enforcing agencies, who CITY OF SALEM 587 SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL then at their discretion may grant an extension of time. All dumpsters must be covered and secured at all times, except during the actual filling and emptying thereof. Size. Each dumpster shall be of sufficient size and capacity, shall not be filled to overflowing and shall avoid noisome odors. The dumpster owner or his agent utilizing the dumpster service must take appropriate action to immediately cause the dumpster to be emptied of its contents when full. The Building Department may refuse or revoke a permit, if in its discretion, the size or capacity of the dumpster does not fulfill the requirements of the Department. Obstruction of traffic. Each dumpster shall be situated so as not to obstruct the view of vehicular or pedestrian traffic. No dumpster shall be placed or parked on a public way. If in the opinion of the Building Department, the primary Department responsible for issuing permits, and the concurring approval of the following departments; public works, police chief, and fire chief, that a condition, constituting an emergency exists requiring the temporary placement of a dumpster on a public way, then a temporary permit may be issued. If a temporary permit is issued for parking a dumpster on a public way, then such dumpster shall be clearly illuminated at night by lights or reflective materials. The police chief, or his designee, may require additional illumination. The police chief or his designee is hereby given authority to remove a dumpster from a public way that does not meet the requirements of this section or presents a threat to public safety. The cost of removal and storage of the dumpster shall be paid by the dumpster owner. Maintenance. It shall be the responsibility of the dumpster owner to maintain the dumpster area free of odors, scattered debris, overflowing and all other nuisances. If the dumpster owner is notified that the dumpster upon his property is in violation of any of the foregoing offenses, the dumpster owner shall within twelve (12) hours of notification cause the offense to be remedied or shall be in violation of this section. Permit required, term. A dumpster owner shall submit an application for each dumpster in use upon his property. The owner may be required to submit a plot plan indicating the location 588 CITY OF SALEM SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL of the dumpster(s) to the Building Department for each dumpster in use upon his property. All permits shall expire at the end of the calendar year in which they were issued, but may be renewed each year on application as herein provided. The name and address of the owner and designee shall be kept on file in the Building Department. Owner's permit. No dumpster owner shall have, or maintain a dumpster on public or private property without obtaining the proper permits from the Building Department. It is the responsibility of the dumpster owner to ensure that all other licenses and permits required by the city have been obtained. The issuance of a dumpster permit shall under no circumstances be construed as a waiver from any other permit, or license required, nor any of the requirements, provisions, or regulations thereunder. Temporary Dumpsters No permit shall be required for the placement of a temporary dumpster (roll-off or gondola type) provided that the following circumstances apply: 1) the dumpster will be utilized for no longer than 30 days in connection with construction, demolition, fairs, carnivals or for other similar temporary needs. 2) The dumpster shall not be located on a public way or public property. 3) The individual shall comply with all the provisions of this division which are applicable to the operation of the dumpster. Deodorization. The contractor shall have the dumpster deodorized when emptied, washed or sanitized as directed by order of the Board of Health. Application of division. This section shall apply to all dumpsters used anywhere within the corporate limits of the City of Salem. Modifications, suspension, revocation of permits. Permits may be modified, suspended, revoked or recalled by the enforcing agencies at their discretion for failure of the owner to comply with the provisions of this section. CITY OF SALEM 589 SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL Violations Any violation of this ordinance may result in a fine of up to $100.00 per day. Each day the violation continues constitutes a separate offense. Section 2. This Ordinance shall take effect as provided by City Charter. #681 - FORMULATION OF ENTERPRISE FUND FOR HARBORMASTER'S DEPARTMENT Councillor Driscoll introduced the following Order which was adopted. ORDERED: That the Mayor and the Finance Director explore the feasibility of creating an Enterprise Account for revenues and expenses associated with the Harbormaster's Department and Waterfront/harbor related projects. AND BE IT FURTHER ORDERED: That a written recommendation regarding the feasibility of creating such an account be forwarded to the City Council within 60 days of this Order. #682 -ZONING ISSUES AT 8-10 BROADWAY (FORMERLY 18 BROADWAY) Councillor Lovely, in conjunction with Councillor Harvey, introduced the following Order which was adopted. ORDERED: That the Committee on Ordinances, Licenses, and Legal Affairs meet with the Building Inspector, Health Inspectors, Fire Inspectors, Police Inspectors, and the owners of 8-10 Broadway (formerly 18 Broadway) to discuss zoning and work action at this address. #683 - CEMETERY CONTACT POST OFFICE REGARDING DEAD TREE ON GOVERNMENT PROPERTY Councillor Lovely introduced the following Order which was adopted. ORDERED: That the Cemetery and Shade Tree Department contact the U.S. Postal Office and determine the status of the dead tree on the Gedney Street side of the Post Office, and respond to the City Council with said determination. #684 - PROBLEMS AT COMPOSTING FACILITY ON SWAMPSCOTT ROAD Councillor Lovely introduced the following Order which was adopted. 590 CITY OF SALEM SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL ORDERED: That the Swampscott Landscapers Association appear before the Committee on Public Health to explain the status and condition of the compost being stored at their facility on Swampscott Road. #685 - FINANCIAL REPORT Councillor Lovely introduced the following Order which was adopted. ORDERED: That the Financial report dated August 31, 2000 be received and placed on file. #686 - COMM. OF WHOLE MEETINGS WITH P.G. & E. BE HELD AT NATIONAL PARK VISITOR CENTER Councillor Driscoll, in conjunction with Councillor Harvey, introduced the following Order which was adopted. ORDERED: That the Committee of the Whole hold a Public Hearing at the National Park Visitor Center, to continue discussions on the P.G. & E. power plant, and the recent health reports. Councillor Flynn left the meeting at this point due to illness. #687 -ADMINISTRATION AND FINANCE COMMITTEE DISCUSS PHOTOGRAPH CONTRACT AT SCHOOL DEPARTMENT Councillor Driscoll, in conjunction with Councillor Harvey, introduced the following Order which was adopted. ORDERED: That the Committee on Administration and Finance meet with Louis Studios to discuss his bid for the photography contract for the City Schools. #688 - ORDINANCE, TRAFFIC, HANDICAP PARKING, 20 CEDAR STREET Councillor Driscoll introduced the following Ordinance which was adopted for first passage. In the year two thousand An Ordinance to amend an Ordinance relative to Traffic, Handicap Parking Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B, is hereby amended by adding the following: CITY OF SALEM 591 SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL "Cedar Street, in front of#20 Cedar Street, for a distance of twenty (20) feet, Handicap Parking Only, Tow Zone" Section 2. This Ordinance shall take effect as provided by City Charter. #689 - 60-DAY TRIAL, STOP SIGN, WASHINGTON ST Councillor Driscoll, in conjunction with Councillor LaCava, introduced the following Order which was adopted. ORDERED: That the Police Traffic Division institute the following traffic regulations for a sixty day trial period, under the provisions of Chapter 42, Section 20A, of the Salem Code of Ordinances. Chapter 42, Section 49A, Prohibited Movements "Washington Street, onto Lafayette Street, easterly. Left Turn Prohibited (Right Turn Only.... "Lafayette Street, eastbound, Left Turn Prohibited (No Left Turn onto Dow Street)" #690 - GRANTING CERTAIN LICENSES Councillor Hayes 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 that the following be granted. TAG DAY SHS Boys Soccer, October 1, 2000 Salem/Swampscott Youth Hockey, October 14, 2000 D.A.V. Chapter 84, May 24, 25, 26, 2001 TAXI OPERATOR Michael A. Dempsey, Sr., 118 Rantoul St., Beverly Anthony R. Dilanni, Jr., 14 Pond St., Beverly Smith Florival, 44 Harlem St., Dorchester Robert Leger, 58 Redington St., Swampscott Mark A. Lewis, 11 Conant St., Salem Jamie A. Lopez, 63 Franklin St., Beverly Thomas L. Perrault, 15 Sherwood Ave., Danvers John T. Reddy, Jr., 12 Franklin St., Beverly 592 CITY OF SALEM SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL Robert B. Lendall, 18 Walnut St., Peabody Frederick A. Ripirandido, 12 Northend St., Salem #691 - STORE FORTUNETELLING LICENSE, MONTH OF OCTOBER The request of Diana McKanas of Salem's Psychic Center, for a blanket Fortunetelling license for the month of October, was approved by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors DeToma, Driscoll, Furey, Hayes, LaCava, Lovely, O'Keefe, O'Leary, Sargent, and Harvey were recorded as voting in the affirmative. Councillor Flynn was absent. Councillor Hayes moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. #692 -#695 - LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs. TAG DAY SHS Swim Team, December 9, 2000 TAXI OPERATOR William C. Morgan, 99 Bridge St., Salem Rene Payero, 290 Washington St., Salem SECOND HAND Twice as Nice, 244 Essex St., Salem CLOTHING (Loretta Carrol-Hislop, 37 Central St., Middleton) TRANSIENT PHOTOGRAPHER David Dunham, Sr., 131 Bridge St., Salem #696 - CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses, and Legal Affairs. Deanna Bunnell, 20 Highland Ave., Apt. 2, Salem Menorca Collazo, 7 heritage Dr., #32, Salem Marie E. DiMare, 6 Pinecliff Dr., Marblehead Michael Erbe, 90 Washington Sq. East, Salem Matthew Pszenny, 20 Highland Ave., Apt. 2, Salem (#610) - (#461) -VETO OF ORDINANCE ESTABLISHING RESIDENCY FOR BOARDS AND COMMISSIONS CITY OF SALEM 593 SEPTEMBER 28, 2000 REGULAR MEETING OF THE CITY COUNCIL The matter of the Mayor's Veto of an Ordinance establishing a residency requirement for members of Boards and Commissions, was then taken up. Councillor Hayes moved that the Veto be tabled. It was so voted. (#615) - ORDINANCE, TRAFFIC, HANDICAP PARKING, WARD STREET The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking on Ward Street, was then taken up. The Ordinance was adopted for second and final passage. (#619) - ORDINANCE, TRAFFIC, HANDICAP PARKING, FEDERAL STREET The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Federal Street, was then taken up. The Ordinance was adopted for second and final passage. (#620) - ORDINANCE, TRAFFIC, RESIDENT STICKER PARKING, PARADISE AVENUE The matter of second and final passage of an Ordinance amending Traffic, Resident Sticker Parking, Paradise Avenue, was then taken up. The Ordinance was adopted for second and final passage. (#626) - ORDINANCE, TRAFFIC, STOP SIGN, LAWRENCE STREET The matter of second and final passage of an Ordinance amending Traffic, Stop Sign on Lawrence Street, was then taken up. The Ordinance was adopted for second and final passage. On the motion of Councillor O'Leary, the meeting adjourned at 9.00 P.M. ATTEST: DEBORAH E. BURKINSHAW CITY CLERK