MINUTES - Regular - 12/11/2003 CITY OF SALEM 305
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber
on Thursday, December 11, 2003 at 7.00 P.M. for the purpose of transacting any
and all business. Notice of this meeting was posted on December 5, 2003 at
9:27A.M.
All Councillors were present.
Council President Thomas H. Furey presided.
Councillor DeToma moved to dispense with the reading of the record of
the previous meeting. It was so voted.
President Furey requested that everyone please rise to receipt the Pledge
of Allegiance.
#842 - CLASSIFICATION HEARING
A hearing was held on the discussion of the allocation of local property tax
levy among the five (5) property classes for fiscal year of 2004, and the
residential and open space exemption options and small commercial exemption
options. Notice of this hearing was posted on December 5, 2003 at 9.27 AM.
President Furey then turned the Public Hearing over to the Board of
Assessors to make a presentation.
Mr. Kulik gave a power point presentation explaining the budget, the
source, and the tax Levy. Mr. Kulik introduced his staff.
Councillor Furey then asked the public for their comments. There were
several comments from the public.
Councillor DeToma moved that the hearing be closed. It was so voted.
Councillor DeToma requested and received unanimous consent to
suspend the rules to go to Motions Orders and Resolutions.
#849 — RESIDENTIAL FACTOR FOR FISCAL YEAR 2004
Councillor DeToma moved that the City of Salem adopt a residential factor
of 85.5233% for the Fiscal Year 2004.
Councillor O'Leary moved that the City of Salem adopt a residential factor
of 83.6077%, which was defeated by a roll call vote of 3 yeas, 8 nays, and 0
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absent. Councillors Sargent, O'Leary, and O'Keefe were recorded as voting in
the affirmative. Councillor Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber,
Bencal, and Furey were recorded as voting in the negative.
A residential factor of 85.5233% was adopted by a roll call vote of 6 yeas,
5 nays, and 0 nays. Councillors Lovely, Driscoll, DeToma, Chuber, Bencal, and
Furey were recorded as voting in the affirmative. Councillors Sargent, O'Leary,
O'Keefe, Harvey, Flynn were recorded as voting in the negative.
Councillor Bencal moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
#850 — OPEN SPACE EXEMPTION FOR FISCAL YEAR 2004
Councillor DeToma moved that the City of Salem NOT adopt an Open
Space Exemption for Fiscal Year 2004. This was adopted by a unanimous roll
call vote of 11 yeas, 0 nays, and 0 absent.
Councillor DeToma moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
#851 — CITY OF SALEM NOT ADOPT A RESIDENTIAL EXEMPTION FOR
FISCAL YEAR 2004
Councillor DeToma moved that the City of Salem NOT adopt a Residential
Exemption for fiscal year 2004. This was adopted by a unanimous roll call vote
of 11 yeas, 0 nays, and 0 absent.
Councillor DeToma moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
#852 — CITY OF SALEM NOT ADOPT A SMALL COMMERCIAL EXEMPTION
FOR FISCAL YEAR 2004
Councillor DeToma moved that the City of Salem NOT adopt a Small
Commercial Exemption for Fiscal Year 2004. This was adopted by a roll call vote
of 8 yeas, 3 nays, and 0 absent. Councillors Sargent, Lovely, Flynn, Driscoll,
DeToma, Chuber, Bencal, and Furey were recorded as voting in the affirmative.
Councillors O'Leary, O'Keefe, and Harvey were recorded as voting in the
negative.
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Councilor DeToma moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
Councillor O'Leary moved for a two minute recess and then to return back
to the regular agenda. It was so voted.
#843 —APPOINTMENT, DOMINGO J. DOMINGUEZ, COUNCIL ON AGING
The Mayor's appointment of Domingo J. Dominguez to serve as a
member of the Council on Aging Board, for a term to expire December 1, 2006,
was confirmed under suspension of the rules by a unanimous roll call vote of 11
yeas, 0 nays, and 0 absent.
Councillor Harvey requested and received unanimous consent to
suspend the rules to allow Mr. Domingo to speak.
#844 —APPT. TIMOTHY F. READY PARKING BOARD
The Mayors appointment of Timothy F. Ready to serve as a member of
the Parking Board, for a term to expire December 1, 2004, was confirmed under
suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays, and 0
absent.
Councillor O'Leary requested and received unanimous consent to
suspend the rules to allow Mr. Ready to speak.
#845 — TRANSFER, ASSESSORS SALARIES PART TIME
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of Five Thousand Two Hundred Dollars
($5,200.00) is hereby transferred from the "Assessors-Appraisal Services"
Account to the "Assessors-Salaries-Part-Time" Account in accordance with the
recommendation of His Honor the Mayor.
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#846 — PROPOSED SPECIAL ACT TO IMPOSE A LOCAL EXCISE ON
TOURIST RELATED ACTIVITIES
The Mayor's submitting of a proposed Special Act to impose a local excise
on tourist related activities was referred to the Committee on Administration and
Finance.
Councillor O'Keefe and Flynn were recorded as "opposed".
#847 — MAYOR'S RECOMMENDATION FOR FISCAL YEAR 2004 TAX
CLASSIFICATION
The Mayor's recommendation for the fiscal year 2004 Tax Classification
was received and filed.
#848 —APPROPRATION, POLICE DEPARTMENT
The following Order was received after the deadline of Tuesday noon.
Councillor DeToma requested and received unanimous consent to suspend the
rules to allow the matter before the Council.
ORDERED: That the sum of One Hundred Fifty Seven Thousand Six
Hundred Eighteen Dollars ($157,618.00) is hereby appropriated to the "Capital
Outlay — Equipment" Account to be expended for the purchase of five (5) Ford
Crown Victoria fully — equipped police cruisers and one (1) 2004 Ford Crown
Victoria fully-equipped police cruisers and one (1) 2004 Ford Crown Victoria fully-
equipped administrative sedan for the Police Department in accordance with the
recommendation of His Honor the Mayor.
Councillor DeToma moved that the order be referred to the Committee on
Administration under the rules.
#853 — RESOLUTION, PRESERVATION OF SALEM WOODS
Councillor DeToma introduced the following resolution.
WHEREAS, the Salem City Council supports the preservation of Salem
Woods and is not in favor of the expansion of the Salem Municipal Golf Course
into Salem Woods,
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WHEREAS, Salem Woods is the last and largest remaining open public
space in the City of Salem,
BE IT RESOLVED, that the portion of Highland Park, also known as
Salem Woods, not currently being a golf course, be preserved in perpetuity, in its
natural, unimproved state for the sole purpose of serving as a public park, with
walking and hiking trails.
BE IT RESOLVED, that nothing in this resolution is deemed to prevent
improvements to said land which are in keeping with preserving it in its natural
state and intended to enhance the public's ability to enjoy the park's walking and
hiking trail.
Councillor O'Leary moved that the resolution was out of order because it
was Park Land.
Council President Furey ruled that the resolution was not in order.
Councillors Harvey and DeToma challenged the chair. This was adopted
by a roll call vote of 8 yeas 3 nays, and 0 absent. Councillors Sargent, Lovely,
Harvey, Flynn, Driscoll, DeToma, Chuber and Bencal were recorded as voting in
the affirmative. Councillors O'Leary, O'Keefe and Furey, were recorded as
voting in the negative.
Councillor O'Leary assumed the chair.
Councillor Furey requested unanimous consent to allow the City Solicitor
to speak.
Councillor DeToma objected.
Council President Furey resumed the chair.
The resolution was adopted by a roll call vote of 8 yeas, 3 nays, and 0
absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber
and Bencal were recorded as voting in the affirmative. Councillors O'Leary,
O'Keefe and Furey, were recorded as voting in the negative.
Councillor DeToma moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
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#854 - ORDER, CONSERVATION OVERLAY DISTRICT
Councillor Driscoll introduced the following Order.
Councillor O'Leary amended to add Highland Avenue and Dell Street.
Councillor O'Keefe amended to add Leggs Hill Road.
The Order was adopted as introduced by a roll call vote of 8 yeas, 3 nays,
and 0 absent. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma,
Chuber and Bencal were recorded as voting in the affirmative. Councillors
O'Leary, O'Keefe and Furey, were recorded as voting in the negative.
Councillor Harvey moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
ORDERED; That a Joint Public Hearing with the Planning Board be held
on December 29, 2003 to review the proposed Zoning Ordinance.
Be it further Ordered: that a copy of this proposed ordinance be forwarded
to the City Solicitor and the Park and Recreation Commission.
#854A— ORDINANCE, CONSERVATION OVERLAY DISTRICT
In the year two thousand and three
An Ordinance Conservation Overlay District
Be it ordained by the City Council of the City of Salem, as follows:
Section 1 (a) Purpose. The purpose of the Conservation Overlay District is to
augment underlying zoning regulations in designated areas in order to:
(1) promote conservation of soil, water, plants and natural resource areas;
(2) protect and enhance habitat and wildlife-
(3) preserve historic open space, passive recreation, and nature study areas
within the community;
(4) prevent soil and groundwater pollution;
(5) foster more effective environmental protection;
(6) ensure that such areas are improved in a manner which is in the best interest
of the city.
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(b) Applicability.
(1) The Conservation Overlay District shall be established along the areas
designated on the zoning map. The boundaries of the overlay shall be
interpreted as following the boundaries of Highland Park.
(2) Properties within such district shall be controlled by the regulations of
underlying zoning districts, except as specified within this ordinance. In
instances of conflicting requirements, the restrictions listed below shall prevail.
(3) The requirements of this section shall not apply to work performed to
maintain or repair the existing uses within Highland Park.
(c ) Uses and Other Requirements
In addition to the general purposes recited above in Section (a), the Conservation
Overlay District is intended to protect Salem's last remaining acreage of historic
natural resource areas, in particular Highland Park, from the negative effect and
intrusion of additional development; to provide for safe, continuous public access
to, from, and within Highland Park; and to enhance open space within existing
greenbelts by means of suitable buffer zones to assure and reclaim reasonable
public and visual access to existing natural resource areas.
The following requirements shall apply to all properties and uses within the
Conservation Overlay District.
Unless otherwise exempt pursuant to this subsection, no alteration, addition,
construction, reconstruction, or expansion of any buildings, uses or structures
within the Conservation Overlay District shall be permissible.
The expansion, development, or alteration of existing facilities or uses located
within the Conservation Overlay District, including the expansion of the existing
municipal golf course, shall be specifically prohibited, with the exception that (1)
the expansion or creation of walking paths and nature trails within the overlay
district area shall be permissible; (2) the expansion of the existing buildings or
uses associated with the current municipal golf course shall be permissible
provided that any expansion shall not exceed the footprint of the existing area
designated for the golf course; (3) temporary uses customarily and incidental to
existing facilities shall be permissible
(d) Severability
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If any of the provisions of this ordinance are deemed unlawful, the remaining
provisions shall remain in full force and effect.
Section 2. This Ordinance shall take effect as provided by City Charter.
#855 — PUBLIC HEARING RE: SNOW REMOVAL
Councillor Bencal introduced the following Order.
ORDERED: That the City Council Committee of the Whole, conduct a
public hearing to discuss the snow removal efforts of the City of Salem during the
storm of December 6-8, 2003. Invited to the hearing shall be the Director of
Public Works, the Mayor or his representative, as well as the residents and
business owners of the City of Salem.
Councillor O'Keefe amended to hold the hearing on December 29.
The Order was adopted as introduced.
#856 — COMMITTEE OF THE WHOLE MEET RE: ISO MEETING, POWER
PLANT
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet with the Mayor and
all appropriate staff to discuss the ISO meeting and any ISO City or State
Government ideas or decisions on the Salem Power Plant.
And be it further Ordered, that this be scheduled for the first of January.
#857 — FEE FOR PARKING TICKET FOR SNOW REMOVAL
Councillors Flynn and Lovely introduced the following Order, which was
referred to committee.
ORDERED: That the price of a ticket for parking during a snow parking
ban and interfering with snow removal be raised from $15.00 to $25.00
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#858 — COMMITTEE ON PUBLIC HEALTH, SAFETY AND ENVIRONMENT
MEET RE: DECEMBER 6 POWER OUTAGE
Councillor Chuber introduced the following Order, which was adopted.
ORDERED: That representatives of the Power Plant be invited to appear
before the Committee on Public Health, Safety, and the Environment, to report
the results of their inquest into the cause of the power outage that occurred the
evening of Saturday, December 6th, and that was preceded by a loud noise and
bursts of bright light.
#859 — CITCO STATION, NORTH STREET, EXTENDED HOURS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Citco station located on North Street be allowed to
remain open until midnight until December 31, but not including December 24tn
and 25t". Further, that the proprietors of this business shall insure that no
loitering or excessive noise be allowed.
#860 — COMMITTEES MEET RE: STUDY OF SCALE FOR FINES
Councillor Chuber introduced the following Order, which was adopted and
carried over to the next year.
ORDERED: That the Committee on Ordinances, Licenses, and Legal
Affairs, study the feasibility and desirability of expressing any fines imposed by
the Council as a factor of an index that is reflective of increased overall prices, for
example the minimum wage. In addition, a dollar amount can be given to
indicate how that translates into dollars at the time the Ordinance is created.
Amounts to be rounded off to the nearest dollar.
Examples from Ordinances that are due for second passage today:
Ordinance relative to Traffic, Commercial Vehicle Parking.
Any person who violates any provision of this section shall be subject to a
fine of 3.7 times the minimum wage. Today that would be $6.75 X 3.7 or $25.00
dollars.
Ordinance relative to Police, Anti-Gang Recruitment.
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Any person who is found responsible for violating any of the provisions of
this ordinance shall be liable for non-criminal fine of not less than shall be subject
to a fine of not less than 14.8 times the minimum wage (today that would be
$6.75 X 14.8 or $100.00 dollars) and not more than 44.44 times the minimum
wage (Today that would be $6.75 x 44.44 or $300.00 dollars)
#861 — COMMITTEE ON GOVERNMENT SERVICES MEET RE: PARKING,
SALEM JAIL PROPERTY LOT
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Planning Department determine who is parking in
the small parking lot located on St. Peter Street on the Salem Jail property and
when said determination is made move to designate that lot to the residents and
guests of the Morency and Dalton Residence Buildings until such time that the
Jail properly is developed.
And that the matter be referred to the Committee on Government Services for
further review.
#862 — SPECIAL MEETING SCHEDULED, DECEMBER 29, 2003
Councillor Harvey introduced the following Order, which was adopted.
ORDERED: request that a Special Meeting of the City Council be held on
Monday, December 29, 2003 at 6.00 P. M. to discuss the Conservation Overlay
District and any other matters.
#863 — CHARLES HALL CONSTRUCTION COMPANY, PERMISSION TO
WORK SUNDAYS
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the Charles Hall Construction Company be granted
permission to work on the construction site located at 12 Goodhue Street on
Sundays, December 14e and 21, 2003 between the hours of 9.00 A. M. and 5.00
P. M. as well as daily (Monday to Saturday) until 7.00 P. M. from December 12 to
December 23, 2003, provided the following conditions are mete;
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1. The Charles Hall Construction Company, their subcontractors, and/or their
representatives shall make Sunday and overtime work voluntary and shall not
all the employee's employment status.
2. The Charles Hall Construction Company, their subcontractors, and/or their
representatives shall refrain from any retaliation or retribution against any
employees who chooses not to work on Sundays.
3. Overtime payment, at one and one half of the hourly wage, shall be paid
for all hours worked in excess of eight in one day and/or in excess of forty
hours per week.
4. For hours worked on Sunday, employees shall receive no less than a ten
percent increase in their hourly wage.
5. Sunday work shall be restricted to the interior of the building.
6. The City Council reserves the right to revoke this permit at any time.
#864 — ORDINANCE, ESTABLISHING , MINIMUM EXTERIOR STANDARDS
FOR STRUCTURES
Councillor Driscoll introduced the following Ordinance, which was referred
to the Committee on Ordinances, Licenses, and Legal Affairs and carried over to
the next year.
WHEREAS, the property values and general welfare of the community are
founded, in part, upon the appearance and maintenance of private properties;
and
WHEREAS, it is determined exterior conditions of certain buildings and
structures have from place to place throughout the City, fallen below the
standards of minimum maintenance, as defined herein; and
WHEREAS, it is determined there is a need for the creation of certain standards
of minimum maintenance as to the exterior of buildings and structures within the
City of Salem; and
WHEREAS, it is determined the existence of such conditions, as described in this
article as "substandard conditions," are injurious to the public health, safety, and
welfare of the residents of the City; and contribute substantially to the
deterioration of the neighborhoods, and their property value; and
WHEREAS, it is determined corrective measures in the form of minimum
maintenance standards are required to alleviate such existing substandard
conditions, which would lead to the depreciation of the social and economic
standards of the community; and
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WHEREAS, it is determined the abatement of such substandard conditions will
improve the general welfare and image of the City; and
WHEREAS, it is determined the establishment of certain standards of minimum
maintenance, as described in this Ordinance, reasonably relates to the property
exercise of the City's police power, as set forth in Massachusetts General Laws,
Chapter 111, to protect the health, safety, and general welfare of the public.
NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SALEM, as follows:
That a new section of the Code of Ordinances entitled "Minimum Exterior
Standards for Structures" be enacted, as follows:
Section PURPOSE AND SCOPE
Purpose — the purpose of this Ordinance is to promote the public health, safety,
morals and welfare of the citizens of the City of Salem, by protecting and
preserving the neighborhoods of the City against hazardous, blighting, and
deteriorating influences or other such substandard conditions by establishing
standards of minimum maintenance for the exterior of all buildings and
structures.
Scope — the Ordinance shall apply to the exterior maintenance of all buildings
and structures within the City of Salem, except where such buildings and
structures are otherwise specifically provided for by other applicable City rules
and regulations. The provisions of this Ordinance shall control all matter of
exterior standards for buildings and structures, whether vacant or occupied, and
all parts thereof.
SECTION DEFINITIIONS
Building —A structure enclosed with exterior walls or firewalls, built, erected and
framed of any materials or any combination thereof, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals, or property.
For the purpose of this definition, "roof' shall include an awning or similar
covering, whether or not permanent in nature.
The word "building" shall be construed where the context requires as though
followed by the words, "or part of parts thereof."
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Owner—As used in this Ordinance, shall mean every person, alone or severally
with others who:
1. Has legal title to any building or parcel of land, vacant or otherwise; or
2. Has care, charge or control of any building, or parcel of land, vacant or
otherwise, 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
3. Is a mortgage in possession of any such property; or
4. Is an agent, trustee or other person appointed by the courts and vested with
possession or control of any such property.
Section MINIMUM STANDARDS FOR EXTERIOR
MAINTENANCE OF BUILDINGS OR STRUCTURES
The exterior of all buildings and structures within the City of Salem shall comply
with the following standards of minimum maintenance:
(a) Foundations.
All foundations hall be free of holes and breaks and shall safely support the
structure at all points. All foundation walls shall be kept in good safe, sound
condition and free of holes, cracks and breaks.
(b) Exterior Walls
All exterior walls and trim shall be free of holes, breaks, loose, or rotting boards
or, timbers, or paint that is deteriorated, as indicated by peeling, flaking, cracked,
blistering or mildew, resulting in exposed, bare, unprotected surfaces and other
conditions which might admit rain or dampness to interior portions of the walls or
to the occupied spaces of the building. The exterior surface siding shall be
maintained weatherproof and shall be surface coated to prevent deterioration.
All exterior walls and trim shall be kept painted, treated, sided or otherwise
maintained so as to be substantially weatherproof and neat in appearance.
(C ) Roofs.
The roof shall be structurally sound, weather tight and have no defects, which
might admit rainwater. Water from roofs shall be conveyed so as to prevent wet
floors, walls ceilings or a nuisance to adjacent buildings.
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(d) Chimneys, Flues, Clean-out and Vents.
All Chimneys and similar appurtenances or attachments shall be maintained
structurally sound, in good repair and safe to use.
(e) Porches, Stairs and Handrails
Every exterior stair, porch, balcony and all appurtenances attached thereto shall
be structurally sound and no part thereof shall show excessive wear, or be
broken, cracked, or loose. Carpeting or other covering on stairs and porches
shall be maintained in a safe condition. Guardrails shall be firmly fastened and
maintained in good condition and new or replacement guardrails shall comply
with the provisions of the Building Code.
(f) Doors and Doorways.
Every exterior door frame shall have a door and this door shall be weather tight
within its frame. Every exterior door, door hinge, door knob and door latch shall
be maintained in good usable condition. Door locks in dwelling units shall be in
good repair and capable of tightly securing the door. All entrance doors of each
dwelling unit shall be equipped with functioning locking devices.
(g) Hatchways.
Every hatchway, bulkhead and exit way shall be so constructed and maintained
as to prevent the entrance of rodents, rain and surface drainage water into the
structure.
(h) Windows.
Every window sash and skylight shall be structurally sound and fit within its frame
and be weather tight, so as to prevent the passage through it of rain, snow, wind
or other outside elements. Every window sash shall be fully fitted with glass,
plexiglass or polycarbonate panes which are without cracks or holes. Every
window other than a fixed window shall be capable of being held in the open
position and locked in the closed position by window hardware.
(i) Screens and Storm Windows.
Every window with openings to outdoor space required for ventilation in habitable
rooms shall be supplied with insect screens and storm windows which shall be
maintained in good repair.
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(j) Fences.
All fences on the premises shall be safe, structurally sound and uniform or
compatible in color and structure. Fences shall be maintained so that they do not
constitute a hazard, blight or condition of disrepair. Examples of hazards, blight
or conditions of disrepair are inclusive of, but not limited to, leaning fences,
fences that are missing slats or blocks, graffiti, peeling paint, deterioration of
paint or materials, rotting or damaged.
Section Penalties.
Any person/owner who violates any provision of this Ordinance shall be subject
to a fine of One Hundred ($100.00) Dollars for each offense and may be
penalized by a non-criminal disposition as provided for within the Codes of
Ordinances and Mass. General Laws, Chapter 40, Section 21 D. Each day's
failure to comply with an order shall constitute a separate violation.
Section Severability
It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this Code are severable, and if
any phrase, clause, sentence, paragraph or section of this Code shall be
declared unconstitutional or otherwise invalid by the valid judgment or decree of
any court of competent jurisdiction, such unconstitutionality or invalidity shall not
affect any of the remaining phrase, clauses, sentences, paragraphs and sections
of this Code.
Section Other Relevant Sections
Nothing herein shall prevent the City of Salem from enforcing other applicable
sections of the Code, or other applicable sections of Massachusetts General
Laws, including, but not limited to, Massachusetts General Laws, Chapter 111
(abatement of a nuisance by the City) and Chapter 139 (recovery of abatement
costs).
All provisions of the Code of the City of Salem, as amended, which are
consistent with this Ordinance shall continue in effect, by all provisions of said
Code inconsistent herewith are repealed.
This Ordinance shall take effect upon its passage in accordance with the
provisions of Chapter 43 of Massachusetts General Laws.
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#865 — PLANNING DEPARTMENT NOTIFY COUNCIL OF MEETINGS AND
BLOCK GRANTS
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Planning Department notify the Salem City Councillors and
any other person or group of persons who ask to be notified about the upcoming
meetings pertaining to Community Development Block Grants.
This notification shall be given by mail at their home address.
#866 — ORDINANCE, TRAFFIC, HANDICAP PARKING
Councillor Lovely introduced the following Ordinance, which was adopted
for first passage.
In the year two thousand and three
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
"Lawrence Street, in front of#79, for a distance of twenty (20) feet, Handicap
Parking Tow Zone."
Section 2. This Ordinance shall take effect as provided by City Charter.
#867 — RESOLUTION, REPEAL RESIDENT STICKER PARKING ON OCEAN
AVE.
Councillor Driscoll introduced the following resolution, which was adopted.
WHEREAS, following the submission of a neighborhood petition seeking
adoption of a resident sticker program, as well as the approval of the Salem
Police Traffic Division, the City Council approved the establishment of a resident
sticker parking program for Ocean Avenue, and
WHEREAS, since the adoption of the resident sticker parking program, several
residents of upper Ocean Avenue have expressed their desire to repeal the
resident sticker parking program, and
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WHEREAS, following a written survey of Ocean Avenue residents and a
neighborhood meeting on this topic a compromise concerning the resident sticker
parking program was reached:
Now Therefore Be it Resolved, as follows:
That the resident sticker parking program adopted for Ocean Avenue be
amended to repeal the resident sticker parking program on upper Ocean Avenue,
from Summit Avenue to Cliff Street, and that resident sticker parking signs on this
portion of Ocean Avenue be removed. The resident sticker parking program
shall remain in place on the lower portion of Ocean Avenue. A copy of this
resolution shall be forwarded to Captain Callahan of the Police Traffic Division,
for appropriate action.
#868 — DISCONTINUANCE OF UNCONSTRUCTED PORTION OR ROSE
STREET
Councillor Driscoll introduced the following Order, which was adopted.
ORDERED: Whereas, the City Council has received correspondence
from the Gardner Mattress Company regarding their interest in obtaining a
portion of the un-constructed section of Rose Street abutting their building.
Now Therefore Be It Ordered that the City Council schedule a public hearing at
their first meeting in January to consider abandoning and disposing of the un-
constructed portion of Rose Street, identified on the attached site plan. The
following individuals should be invited to the public hearing: City Planner, Joe
Walsh, City Solicitor, John Keenan, Attorney Jack Keilty, Gardner Sisk,
interested abutters of Rose Street.
#869 — MATTERS IN COMMITTEE BE CARRIED OVER INTO 2004
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the attached matters currently before the sub-Committees of
the City Council be carried forward to the year 2004.
322 CITY OF SALEM
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
#870 — (#828-#837) — GRANTING LICENSES
Councillor O'Keefe offered the following report for the Committee on
Ordinances, Licenses, and Legal Affairs. It was voted to accept the report and
adopt the recommendation.
The Committee on Ordinances, Licenses, and Legal Affairs to who was
referred the matter of granting certain licenses has considered said matter and
would recommend that the following be granted.
FORTUNETELLING Therese DeVoe, 401 Essex St., Salem
Michael Noll, 401 Essex St., Salem
Andrea M. Snow, 21 Warren St., Salem
FORTUNETELLING The Magic Parlor, 213 Essex St., Salem
STORE Employee: Stephanie Young, 5 Porter St., Ct.
JUNK DEALER Fred Hutchinson, 15 Robinson Rd.,
Naumkeag Salvage Co, 50R Broadway
PUBLIC GUIDE Bruce D. Bateman, 108 Water St., Danvers
Sabin Densmore, 40 Shore St., Apt. 6, Beverly
Jeremy M. McKeen, 74 Essex St., #2, Salem
Susan P. Metzger, 25 Shepard St., Marblehead
Richard W. Metzger, 25 Shepard St., Marblehead
Michael C. Metzger, 25 Shepard St., Marblehead
Helen Murray, 54 B Brackett PI, Marblehead
Douglas P. Sabin, 43 Northey St., Salem
William C. Sano, 35 Daniels St., Salem
Leah A. Schmide, 640 Revere Blvd, Revere
Herb Van Dam, 361 Lafayette St., Salem
Frances H. Marrow, 12 Strawberry Hill Ln, Danvers
SEAWORM Manuel P. Silva, 52 Paleologos St, Peabody
SECOND HAND St. Therese's Thrift Shop, 135 Lafayette St.
CLOTHING
SECOND HAND Antiques & Uniques of Salem, 130 North St.
VALUABLE Bernard's 179 Essex St.
Olde Naumkeag Antiques, 1 Hawthorne Blvd.
Record Exchange, 256 Washington St.
CITY OF SALEM 323
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
TAXI OPERATOR John Bedrossian, Jr., 11 Sevinor Rd. Marblehead
Philip Carney, 3 Orchard Ln., Danvers
Felix Hernandez, 72 Central St, Apt. 1, Peabody
Victor T. LeBlanc, 157 Paradise Rd, Swampscsott
VEHICLE FOR HIRE Salem Surrey Bike Tours, LLC, 25 Shepard St.
Marblehead (1 Pedicab)
Operators: Susan P. Metzger, 25 Shepard St.
Richard W. Metzger, 25 Shepard St, Marblehead
Michael C. Metzger, 25 Shepard St., Marblehead
#871 —APPROPRIATION, RECIPTS RESERVED TO REDUCE THE GROSS
AMOUNT TO BE RAISED BY TAXATION
Councillor DeToma offered the following report for the Committee on
Administration and Finance. It was voted to accept the report and adopt the
recommendation.
The Committee on Administration and Finance to whom was referred an
appropriation of$815,000 from receipts reserved to reduce the gross amount to
be raised by taxation when FY 2004 Tax Rate is set has considered said matter
and would recommend approval.
#872 —APPROPRIATION, FROM ASSESSORS ABATEMENT AND
EXEMPTIONS FOR TAXATION WHEN FY 2004 TAX RATE IS SET
Councillor DeToma offered the following report for the Committee on
Administration and Finance. It was voted to accept the report and adopt the
recommendation.
The Committee on Administration and Finance to whom was referred the
sum of$132,891.60 be appropriated for the following overlay account to reduce
the gross amount to be raised by taxation FY 2004 when the tax rate is set.
324 CITY OF SALEM
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
#873 —ACCEPT SECTION 4, CH. 73 OF THE ACTS OF 1986 FOR FISCAL
YEAR 2004 RE: TAX EMPTIONS
Councillor DeToma offered the following report for the Committee on
Administration and Finance. It was voted to accept the report and adopt the
recommendation.
The Committee on Administration and Finance to whom was referred the
acceptance of the provisions of Section 4, Chapter 73 of the Acts of 1986 for
fiscal year 2004, additional exemption granted by 100% of statutory exemption
has considered said matter and would recommend approval.
#874 — (#806) -APPROPRIATION, FROM STABILIZATION FUND TO BE
APPLIED AS GENERAL REVENUE TO FUND FY 2004 OPERATING BUDGET
Councillor DeToma offered the following report for the Committee on
Administration and Finance. It was voted to accept the report. Councillor
O'Leary was recorded as "opposed".
Councillor DeToma moved to not adopt the Order by a roll call vote of 0
yeas, 11 nays, and 0 absent. Councillors Sargent, O'Leary, O'Keefe, Lovely,
Harvey, Flynn, Driscoll, DeToma, Chuber, Bencal, and Furey were recorded as
voting in the negative.
Councillor Driscoll requested and received unanimous consent to suspend
the rules to allow the Finance Director, Bruce Guy to speak.
Councillor Harvey moved for immediate reconsideration in the hopes that
it would not prevail. Reconsideration was not denied by a roll call vote of 5 yeas,
6 nays, and 0 absent. Councillors Sargent, O'Keefe, Harvey, Flynn, and Chuber
were recorded as voting in the affirmative. Councillors O'Leary, Lovely, Driscoll,
DeToma, Bencal, and Furey were recorded as voting in the negative.
Councillor Harvey moved for a 2 minute recess. It was so voted.
The Committee on Administration and Finance to whom was referred the
sum of$1,000,000.00 from the stabilization to be applied as General Revenue to
fund FY04 operating budget has considered said matter and would recommend
approval was adopted by a roll call vote of 8 yeas, 3 nays, and 0 absent.
Councillors Sargent, O'Keefe, Harvey, Flynn, DeToma, Chuber, Bencal, and
Furey were recorded as voting in the affirmative. Councillors O'Leary, Lovely,
and Driscoll were recorded as voting in the negative.
CITY OF SALEM 325
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
Councillor O'Keefe moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
#875 — (#807) —APPROPRIATION FROM FUND BALANCE-FREE CASH TO
BE APPLIED AS GENERAL REVENUE TO FUND FY04 OPERATING
BUDGET
Councillor DeToma offered the following report for the Committee on
Administration and Finance. It was voted to accept the report and adopt the
recommendation.
The Committee on Administration and Finance to whom was referred the
sum of$800,000 appropriated from the Fund Balance Reserve-Free Cash to be
applied as General Revenue to fund FY04 Operating Budget has considered said
matter and would recommend approval.
(# 805) —ACCEPT. OF 527 CRM FIRE PREVENTION REGULATIONS, TO
ISSUE A PERMIT FOR A BONFIRE
Councillor Harvey gave an oral report on the subject of obtaining a permit
to burn Christmas trees. It was voted to accept the report and adopt the
recommendation.
#876 — (#549 & 757) - PEABODY ESSEX MUSEUM, OCCUPANCY PERMIT
Councillor Driscoll offered the following report for the Committee on
Community and Economic Development. It was voted to accept the report and
adopt the recommendation.
The Committee on Community and Economic Development to whom was
referred an order regarding the Peabody/Essex Museum occupancy permit has
considered said matter and would recommend that the City Planner provide a
timeline for the city taking action relative to the PEM's compliance with their
occupancy permit.
326 CITY OF SALEM
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
#877 — (#538 of 2002) —ADVISORY COMMITTEE FOR THE FUTURE OF
WINTER ISLAND HANGAR AND OFFICERS QUARTERS
Councillor Driscoll offered the following report for the Committee on
Community and Economic Development. It was voted to accept the report and
adopt the recommendation.
The Committee on Community and Economic Development to whom was
referred on order regarding setting up an Advisory committee for the future of
Winter Island Hangar and Officers quarters has considered said matter and
would recommend that the proposed advisory committee be established
immediately following the completion of the current consultant's report.
#878 — (#718, #719, #7886, #916 of 2002 and#245 of 2003) - REQUESTS TO
PURCHASE CITY OWNED LAND
Councillor Driscoll offered the following report for the Committee on
Community and Economic Development. It was voted to accept the report and
adopt the recommendation.
The Committee on Community and Economic Development to whom was
referred requests to purchase city owned land (Belair Street, East Collins Street,
Quadrant Road, Outlook Road, and Hillside Avenue) has considered said matter
and would recommend that the City Planner and the Building Inspector make a
recommendation regarding disposition to the full Council within 14 days.
#879 — (#811) — TREMONT STREET TRAFFIC PROBLEMS
Councillor Bencal offered the following report for the Committee on
Government Services. It was voted to accept the report and adopt the
recommendation.
The Committee on Government Services to whom was referred an order
regarding Tremont Street Traffic problems has considered said matter and would
recommend that the Police Department be requested to paint a large stop line
and the word "Stop" on Tremont and Grove Streets. Also, that an orange barrel
be placed on Tremont Street warning drivers of the stop. Further, that the Police
Department be requested to increase selective enforcement on Tremont Street.
CITY OF SALEM 327
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
#880 — (#329) — TRANSFER STATION OPERATIONS
Councillor Bencal offered the following report for the Committee on
Government Services. It was voted to accept the report and adopt the
recommendation.
The Committee on Government Services to whom was referred #329
Transfer Station Operation has considered said matter and would recommend
that the order be amended to also invite the DPW Director and a representative
of BETA Engineering to address Saturday closures.
(#823A) — SECOND PASSAGE OF AN ORDINANCE, AMENDING TRAFFIC,
PARKING METER ZONES ESTABLISHED, DERBY STREET, DODGE
STREET, ESSEX STREET, LAFAYETTE STREET, WASHINGTON STREET,
RILEY PLAZA EAST
Councillor Chuber moved to take out of order under unfinished business
an Ordinance relative to traffic, Parking Meter Zones established.
The matter of second and final passage of an Ordinance amending traffic,
Parking Meter Zones established was then taken up.
Councillor Chuber amended to delete in the second paragraph Orange
Street and insert in place thereof Hodges Court. It was so voted.
The Ordinance was adopted for second and final passage by a roll call
vote of 8 yeas, 3 nays, and 0 absent. Councillors Sargent, O'Keefe, Lovely,
Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded as voting in the
affirmative. Councillors O'Leary, Harvey, and Furey were recorded as voting in
the negative.
Councillor O'Keefe moved for immediate reconsideration in the hopes it
would not prevail. Reconsideration was denied.
The Ordinance shall now read as follows:
In the year two thousand and three
An Ordinance to amend an Ordinance relative to Traffic, Parking Meter Zones
established
328 CITY OF SALEM
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 56, is hereby amended by adding the following:
"Derby Street, in front of#281, for a distance of forty-four (44) feet, and in front of
#283 for a distance of seventy-eight (78) feet, 6.00 A. M. to 8.00 P. M. Parking
Metered Zones, Thirty (30) minute parking limit."
"Derby Street, from Congress Street to Hodges Court, (not including Handicap
Zones or restricted areas) both sides of street. Meter Zone Established, Two (2)
hour limit."
"Dodge Street, westbound on the northerly side and extending seventy (70) feet
from Riley Plaza East, Metered Zone Established, One (1) hour limit, adds 3
metered spaces on Dodge Street."
"Essex Street, southerly side, from North Street to Washington Street (not
including Handicap zones and restricted areas,) Metered Zone One (1) hour
parking."
"Lafayette Street, both sides, from Derby Street to Harbor Street (not including
Handicap Zones or Restricted Areas) metered zone established, thirty (30)
minute limit."
"Washington Street, northbound and southbound on the Center Island from
Federal Street to Bridge Street (not including restricted areas), metered zone,
two (2) hour parking, (current metered ordinance in this area amended to add
spaces.)
"Riley Plaza East, easterly side, in its entirety (not including Handicap Zones)
Parking Metered Zone, one (1) hour limit."
"Riley Plaza East, westerly side, in its entirety (not including Handicap Zones)
Parking Metered Zone, two (2) hour limit.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O'Leary moved to return to the regular agenda. It was so
voted.
CITY OF SALEM 329
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
#881 — COMMUNICATION FROM ASST. SOLICITOR GILBERT RE: TOURISM
TAX
A communication from Assistant Solicitor Gilbert regarding the Tourism
Tax, was received and filed.
#882 — COMMUNICATION FROM STATE REP. RE: CHANGES TO HOUSE
BILL 386, AN ACT TO EXPAND THE SALEM BEVERLY WATER SUPPLY
BOARD
A communication from State Representative, Mary Grant, regarding
changes to the House Bill 386, an Act to expand the Salem Beverly Water
Supply Board, was referred to the Committee on Public Health, Safety, and
Environment.
#883 -#890 — LICENSE APPLICATIONS
The following license applications, were referred to the Committee on
Ordinances, Licenses and Legal Affairs.
FORTUNETELLING Diana McKanas, 86D Wharf St.
Fatima Mitchell, 6 Hawthorne Blvd.
Tammy Mitchell, 6 Hawthorne Blvd.
FORTUNETELLING Pyramid Books, 214 Derby St.
STORE Employees: Beverly Andersen, 216 Lafayette St.
Doug Johnson, 116 Lafayette
MaryBeth Bruce, 26 Beacon St., Burlington
PUBLIC GUIDE Allen Winecour, 161 Garland St., Everett
SEAWORM Manuel Curruca, 12 Union St, Peabody
John M. Silva, 10 Almeda St., Salem
SECOND HAND Compliments Resale Boutique, 132 Boston St.
CLOTHING
TAXI OPERATOR Carlos Costa, 105 Wardsworth St., E. Boston
Russell Lawton, Jr., 7 Milk St., Salem
Rudy Rosario, 25 Ward St., Salem
330 CITY OF SALEM
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
LIMOUSINE Tri-City Services Inc., 55 R Walnut St., Peabody
(2) Limos
#891 -#897 — CLAIMS
The following Claims, were referred to the Committee on Ordinances,
Licenses and Legal Affairs.
Robyn Berman, 19 Wisteria St., #2, Salem
Kevin S. DeBerardinis, 17 Downing Rd, Peabody
Dean F. Robblee, 1 Jacqueline Dr., Amesbury
Arlene Rothblatt, 51 Crosman Ave, Swampscott
Maureen E. Pecukonis, 3 Stanwood St., Lynn
Ruth Stewart, 445 Main St., Walpole
SUBROGATED CLAIM One Beacon Insurance Group for Valerie Huth,
P. O. Box 694, Foxboro, MA
(#819) — SECOND PASSAGE OF AN ORDINANCE AMENDING TRAFFIC,
COMMERCIAL VEHICLES
The second and final passage of an Ordinance, amending Traffic, Section
55B, Commercial Vehicles, was then taken up.
The Ordinance was adopted for second and final passage.
(#820) — SECOND PASSAGE OF AN ORDINANCE, ESTABLISHING POLICE,
ANTI-GANG RECRUITMENT ORDINANCE
The second and final passage of an Ordinance, Chapter 32, establishing
Police Anti-Gang Recruitment Ordinance, was then taken up.
The Ordinance was adopted for second and final passage.
CITY OF SALEM 331
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
(#821) — SECOND PASSAGE OF AN ORDINANCE, RELATIVE TO
PARENTAL/GUARDIAN RESPONSIBILLITY FOR MINIORS
The second and final passage of an Ordinance, chapter 32,relative to
parental guardian responsibility for minors, was then taken up.
Councillor Driscoll amended that a warning be issued on the first offense.
It was so voted.
The Ordinance was adopted for second and final passage and shall now
read as follows:
Section 1. Chapter 32 of the Salem Code of Ordinances is hereby amended by
adding the following to new Article IV:
Division 2.
Section 32 — 120 —Whereas, an increasing number of criminal offenses are
being committed by juveniles who lack any meaningful parental or adult
supervision; and
Whereas, law enforcement officials have noted that with adequate parental
involvement and supervision, many instances of criminal activity by juveniles can
be avoided or deterred; and
Whereas, the public health safety, and welfare is preserved and enhanced by
adopting ordinances that hold parents and/or guardians responsible for the
actions of their minor children,
Now therefore be it hereby ordained by the City Council of the City of Salem that
a new section 32-120 of the Salem Code of Ordinances, entitled
Parental/Guardian Responsibility for Minors, is hereby adopted, as follows:
Section 32 — 121 — Parental/Guardian Responsibility for minors
(A) Any parent or legal guardian of a minor child under the age of eighteen (18)
years old who shall by word or deed or failure to act or by lack of supervision and
control over said minor child, allow, encourage, contribute toward, cause or tend
to cause said
(1) become a delinquent child-
(2) become a habitual truant;
332 CITY OF SALEM
DECEMBER 11, 2003
REGULAR MEETING OF THE CITY COUNCIL
(3) become a runaway;
(4) use or posses a false identification for the purpose of otherwise
obtaining alcohol, pursuant to any of the provisions of Massachusetts General
Laws Chapter 138;
(5) violate controlled substance statutes, pursuant to any of the provisions
of Massachusetts General Laws, Chapter 94C
(6) violate alcohol sale, delivery, furnish or possession statutes, pursuant
to Massachusetts General Laws, Chapter 138, Sections 34, 34A7 34C or 34D;
(7) violate the City of Salem Carrying Certain Weapons Ordinance at
Section 24-5 of the Salem Code of Ordinances;
(8) violate the City of Salem Graffiti Prevention, Prohibition, and Removal
Ordinance at Section 12-56 of the Salem Code of Ordinances;
(9) violate the City of Salem Anti-gang recruitment ordinance of the Salem
Code of Ordinances or the provisions of MGL c.265, section 44, entitled Coercion
of Child Under 18 into Criminal Conspiracy;
shall be in violation of this ordinance.
Section 32 — 122 — Penalty
(A) Any person found responsible for violating any of the provisions of this
ordinance shall be liable for a non-criminal fine of not less than one hundred
dollars ($100.00) and not more than three hundred ($300.00), provided that a
warning is issued for the first offense.
(B) Each separate violation shall constitute a separate offense.
Section 2. This Ordinance shall take effect as provided by City Charter.
On the motion of Councillor Flynn the meeting adjourned at 11.40 P. M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK