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CITY OF NORTH ADAMS City Clerk’s Office July 22, 2010 Thereby notify you that at twelve o’clock noon today the following items of business have been filed with this office and will be acted upon at the meeting in the City Council Chambers at City Hall, Tuesday evening July 27, 2010 at seven-thirty o’clock according to Section 8, Rules and Orders of the City Council. Marilyn Gomeau City Clerk REGULAR MEETING OF THE CITY COUNCIL July 27, 2010 Approval of the minutes from the meeting of July 13, 2010 UNFINISHED BUSINESS 11,010-1 An Ordinance amending Chapter 13 entitled Motor Vehicles and Traffic, Section 13-42 entitled Obedience to isolated stop signs or signals, Grant Street at Angeli and Angeli Street at Greylock Avenue, which was passed to a second reading and published as required by law at the meeting of July 13", 11,053-1 An Ordinance amending Chapter 13 entitled Motor Vehicles and Traffic, Section 13-49 entitled Parking prohibited on certain streets, Canal Street, which was passed to a second reading and published as required by law at the meeting of July 13°. NEW BUSINESS 11,078 Mayor's communication #55 regarding the swearing in of five Permanent Police Officers. 11,079 Mayor's communication #56 introducing several people from the Mass DOT for updates on the Hadley Street Bridge, Streetscape and ARRA paving projects. 10,921-1 Mayor’s communication #57 requesting the General Government Committee to review the City Ordinance on Hawkers, Peddlers, and Transient Vendors. 11,080 ‘Mayor's communication #58 outlining the status of the fiscal position that challenges the City. 9,989-1 Mayor’s communication #59 recommending an Ordinance change to the Commission on Disabilities. 11,081 11,081 11,082 11,082 11,083 11,083 11,084 11,085 “Mayor’s communication #60 regarding an Inter-municipal agreement for Veterans” Services. ‘An Order authorizing the Mayor to enter into an Inter-municipal agreement for Veterans’ Services. Mayor's communication #61 requesting a Home Rule Petition. ‘An Order authorizing the Mayor to Petition for Special Legislation concerning the Commissioner of Public Safety, E. John Morocco. ‘Mayor's communication #62 regarding an Inter-municipal agreement with Adams on the sewer, ‘An Order authorizing the Mayor to amend the Inter-municipal agreement with Adams regarding the sewer. Communication submitted by Council President regarding Tunnel City Auto on State Road. Communication submitted by Council President regarding the usage of cell phones in moving vehicles. CORRESPONDENCE. COUNCILLOR’S CONCERNS OPEN FORUM REQUEST FOR CITY OF NORTH ADAMS, MASSACHUSETTS, ORDINANCE & PUBLIC HEARING on DENYING CELL PHONE USAGE IN MOVING VEHICLES Asa resident of North Adams. I hereby request that cell phones be banned from use in moving vehicles for any purpose, including, but not limited to, text messaging, hands free use, or any other inappropriate use. Nine days after 9/11, I was hit by a driver who was not in control of his vehicle, or was not paying attention to the conditions or was on a cell phone. I will never know. My car was totaled, and the driver had only a basic insurance policy. If Lam hit again and survive, I will wind up in the tragic state that Christopher Reeve endured for the remainder of his life. From. the second I was hit my life changed, and I will be permanently partially disabled for the rest of my life requiring ongoing medical care. For those of you who know me or those who see me, you would have no idea the condition I am in. Each day I must do over 20 exercises and use a whirlpool several times a week. Each day I do not know if I will suffer pain or not. After the crash I did not spend a day without excruciating pain. I ‘went through four rounds of physical therapy; treatment by a neurologist; treatment by a neurosurgeon; treatment with an acupuncture physician and continue ongoing treatment with a chiropractor. It was several years before I had pain free days. If you view my X-rays, you will see that over a third of my spine is damaged; there are spurs on my neck; I have disability in my hands; and I have disability in my face. Iam not able to go back to full time employment because of my injuries. If you see my brightly colored teal PT Cruiser around town, you might notice how many times a day or week that I pull off to the side of the road because someone is tailgating me. Office of the City Council City of North Adams 10 Main Street Room 109 North Adams, Massachusetts 01247 (413) 662-3015 Dear Councillors; A situation has been brought to me by Susan Lefave of 690 State Road regarding Tunnel City Auto on State Road. She would like the Council to address her concerns in this matter. Ronald Boucher President “SEE CITY OF NORTH ADAMS, MASSACHUSETTS Office of the Mayor Richard J. Alcombright July 27, 2010 #55 The Honorable City Council ‘North Adams, Massachusetts Re: Police Appointments Dear Honorable Members: Iam very pleased to be bringing in five Permanent Reserve Police Officers to be swom in at the July 27" meeting. ‘As you all know, we have two officers at the academy, two serving our country overseas, and a two out with injuries. Itis great to be able to have these reserves officers available to keep our staffing at levels that provide for the safety of our community. The officers to be sworn are: Kerry Columbus, Nicholas Kaiser, Trevor Manning, Jacquelyn Mason and Brad Vivori Thank you for allowing these ceremonies to be part of the City Council agenda. Respectfully submitted, my leombright Mayor RUA 10 Main Street * North Adams, Massachusetts 01247 13) 662-3000 CITY OF NORTH ADAMS, MASSACHUSETTS Office of the Mayor Richard J. Alcombright July 27, 2010 456 ‘The Honorable City Council North Adams, Massachusetts Re: Construction Project Updates Honorable Members: As stated at the last meeting, I will be introducing several people from Massachusetts Department of Transportation to give us brief updates on the Hadley Bridge, Streetscape, and ARRA paving projects, al! currently underway in the city. Respectfully submitted, 10 Main Street + North Adams, Massachusetts 01247 13) 662-3000 CITY OF NORTH ADAMS, MASSACHUSETTS Office of the Mayor Richard J. Alcombright July 27, 2010 #57 ‘The Honorable City Council ‘North Adams, Massachusetts Re: Street Vendors and Peddlers Honorable Members: Recently there has been an interest from certain members in the community to sell food or goods utilizing street carts. While I fully support their efforts and enthusiasm, I am not comfortable that Ordinance addresses these endeavors in a clear and specific way. The closest thing seems to be Chapter 9, Hawkers, Peddlers and Transient Vendors. It appears that if someone has a permit from the Board of Health as well as their state license, they can begin to operate, but once again, this is not clearly defined. T am attaching a recently adopted “Mobile Food Service” by-law from the Town of ‘Adams, not as a recommendation but strictly for your information. I would ask that the General Government Committee to look at what Ordinance currently provides for and to bring forward any recommendations with respect to this issue. Respectfully submitted, Richard > way Mayor RAI 10 Main Street * North Adams, Massachusetts 01247 (413) 662-3000 aueuw waarsoaie OWS Ur RLS rece OL - A Town of Adams Board of Selectmen cued oY 8 Park Street Are” ‘Adams, MA 01220 (413) 743-8300 mag 19, 9010 Mobile Food Service 1. A Mobile Food Service Permit must be obtained from the Adams Board of Selectmen; applications available from the Town Administrator's Office. The completed application and a check in the amount of $100.00 made payable to the Town of Adams ‘and submitted to the Town Administrator's Office, Town Hall, 2 Floor, 8 Park Street, ‘Adams, MA 01220 (Ph: 413-743-8300). 2. Mobile Food Service operations shall be limited to a single designated parking space ot other location once approved by the Board of Selectmen. If requested and at the discretion of the Board, a second designated location may be approved for weekend use. Displays, including all equipment and supplies, may not be larger than sixty (60) square feet in area. 3. Authorized Mobile Food Service sites will be identified annually by the Board of Selectmen. Assignment of locations for licensed Mobile Food Service operations shell ‘be made on the basis of « lottery system conducted annually by the Selectmen. ‘Qualified Mobile Food Service applicants shall indicate their first, second, and third. location choices prior to a random drawing of all applicants. Location assignments will be made following the results of the random drawing. 4, Mobile Food Service operations are restricted to the following hours of operation: 10:30 AM to 3:30 PM Daily. The pushoart or associated equipment of any Mobile Food Service operation must be prompily removed from its designated parking space, or risk forfeiture of the license. The season for all Mobile Food Service operations is limited to May 1 through November 1.. Any exemption from these hours and/or season of operation must be obtained from ‘the Adams Board of Selectmen. 5. Approved Mobile Food Service operations shall not provide any table space or seating for their customers. Selling is limited to pedestrian customers only — there shall be no selling to persons in a motor vehicle of any kind. 6. Mobile Food Service operations must provide a copy of a State Hawker and Peddlet’s License and a State Sales Tax License. Application for a State Hawker and Peddler’s License ($62.00) is available through the Massachusetts Division of Standards (Ph: 617- 727-3480), online at worw.mass.gov/standardyticense_htm or in the Town ‘Administrator’s Office, Town Hall, 2" Floor, 8 Park Street, Adams, MA. Fora State Sales Tax License, apply to the Department of Revenue (DOR) using foon TA~1. The filing fee is $10.00. Once in business, the 6.25% sales tax or meals tax if applicable must be collected and these taxes remitted to the DOR (Ph: 413-499-2206).