A Joint Public Hearing of the City Council and the Planning Board was held in the Council Chamber on Monday, December 29, 2003 at 6:00 P.M. for the purpose of discussing a proposed zoning amendment to consider creating a Conservation Overlay District in the City of Salem for the boundaries of Highland Park. Notice of this hearing was posted on December 12, 2003 at 11:40 A. M., and advertised in the Salem Evening news on December 15 and 22, 2003.
Councillors Furey and O’Leary were absent.
President Kevin Harvey presided.
The City Planner was absent.
The Planning Board did not have a quorum. There were only two members of the Planning Board present. William Power, and Pamela Lombardini.
Councillor O’Keefe challenged the chair regarding proceeding with the Public Hearing.
Councillor O’Keefe moved for an opinion for the City Solicitor.
Councillor Harvey objected.
Councillor Bencal didn’t think the Council should proceed with the Public Hearing because of the wording on the agenda.
Councillor DeToma wants to proceed forward independently from the Planning Board.
Councillor Chuber questioned if we are proceeding legally.
Councillor Harvey requested and received unanimous consent to suspend the rules to allow the City Solicitor, John Keenan to speak.
Solicitor Keenan’s opinion was that the Council could proceed independently but could not take a vote on the zoning matter.
Councillor Harvey moved to compromise and open the Public Hearing then continue to next year.
Councillor Harvey requested and received unanimous consent to withdraw his motion.
Councillor O’Keefe requested and received unanimous consent to withdraw his motion to challenge the chair.
Planning Board Chairman, Walter Power, said he would like the joint Public Hearing in the New Year, 2004.
Council President Harvey opened the Public Hearing.
Councillors O’Leary and Furey arrived at 6:30 P. M.
Councillor O’Leary moved to have the Public Hearing in the new year with the new Councillors. The motion was defeated by a roll call vote of 3 yeas, 8 nays, and 0 absent. Councillors O’Leary, O’Keefe and Furey were recorded as voting in the affirmative. Councillors Sargent, Lovely, Harvey, Flynn, Driscoll, DeToma, Chuber, and Bencal were recorded in the negative.
Several residents spoke on the subject.
Several Councillors spoke on their disappointment that the Council could not vote on this subject at this meeting.
Councillor O’Leary assumed the Chair.
Council President Furey takes the chair.
Councillor O’Keefe moved that the hearing be closed.
Councillor Harvey moved that the hearing be continued in 2004 and the Planning Board be invited to continue. It was so voted.
Councillor O’Keefe requested and received unanimous consent to withdraw his motion.
Councillor Driscoll wanted to make a clarification on the next meeting regarding the Public Hearing. The Planning Board has 21 days to respond. The Planning Board needs to advertise the Public Hearing separate from the City Council.
Councillor Bencal moved for a 2 minute recess. It was so voted.
Councillor O’Keefe moved the hearing be recessed. It was so voted.
On the motion of Councillor O’Keefe the hearing was recessed at 7:29 P. M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
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