A Regular Meeting of the City Council was held in the Council Chamber on Thursday, April 8, 2004 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on April 2, 2004 at 8:46 A. M.
All Councillors were present.
Council President Leonard F. O’Leary presided.
Councillor Bencal moved to dispense with the reading of the record of the previous meeting. It was so voted.
President O’Leary requested that everyone please rise to recite the Pledge of Allegiance.
#241 – MASSACHUSETTS ELECTRIC COMPANY, CONDUITS, HARDY STREET
A hearing was held on the Order of Massachusetts Electric Company for two conduits locationed on Hardy Street. Appearing in favor was Mr. Dorsey of the Massachusetts Electric Company. There was no one opposed. The hearing was closed. Councillor Corchado moved that the permit be granted. It was so voted.
#242 – VERIZON, CONDUIT, CENTRAL STREET
A hearing was held on the Order of Verizon New England, Inc. for a conduit location on Central Street. Appearing in favor was William McEnney of Verison. Opposed was Henry McGowan a business owner and Councillor O’Keefe. Councillor Corchado moved to continue the hearing until the next meeting. It was so voted.
#243 – VERIZON, CONDUIT, ESSEX STREET
A hearing was held on the Order of Verizon New England, Inc. for a conduit location on Essex Street. Appearing in favor was William McEnney of Verizon. There was no one opposed. The hearing was closed. Councillor Corchado moved that the permit be granted. It was so voted.
#244 – APPT. WILLIAM O’NEILL, DIRECTOR OF HUMAN RESOURCES
The Mayor’s appointment of William D. O’Neill to serve as the Director of Human Resources for a term to expire January 31, 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. O’Neill to speak.
Councillor O’Keefe moved a City Seal to Mrs. Rennard.
Council President O’Leary recognized former Mayor Salvo who was in the chamber.
#245 - COMMUNITY DEVELOPMENT BLOCK GRANT, APPLICATION FOR FEDERAL ASSISTANCE
The following Order, recommended by the Mayor, was referred to the Committee on Community and Economic Development.
ORDERED: That the Mayor is hereby authorized to submit the fiscal year 2005 Community Development Block Grant Application for Federal Assistance to the United States Department of Housing and Urban Development for One Million Three Hundred and Fifty-Two Thousand Dollars. ($1,352,000).
#246 – NORTH RIVER CANAL NEIGHBORHOOD DISTRICT, B6 ZONING DISTRICT
A letter from the Mayor to withdraw the proposed B6 Zoning District, for the North River Canal Corridor Neighborhood District, was received after the deadline of Tuesday noon.
Councillor Bencal requested and received unanimous consent to suspend the rules to allow the matter before the Council.
Councillor Bencal moved to receive and file. It was so voted.
#247 – FIRST PASSAGE, ORDINANCE, IDLING DIESEL POWERED LOCOMOTIVES
Councillor Bencal introduced the following Ordinance.
In the year two thousand and four
An Ordinance to amend an ordinance relative to idling of diesel powered vehicles
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 22, Section 5 is hereby added as follows;
No person shall cause, suffer, allow or permit the unnecessary operation of a diesel-powered vehicle while said vehicle is stopped for a foreseeable period of time in excess of five minutes. This section shall not apply to (a) vehicles being serviced, provided that operation of the engine is essential to the proper repair thereof, or (b) vehicles engaged in an operation for which engine power is necessary for an associate power need other than movement and substitute alternate power means cannot be made available provided that such operation does not cause or contribute to a condition of air pollution. Further, except in an emergency situation, the exceptions, as noted in (a) and (b) above, shall not take place within three hundred yards of any residential unit. Additionally,
except in cases where the public welfare and safety may be compromised, no diesel fired vehicle may be serviced or used for an alternate power source within a residential area. Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars ($100.00).
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O’Keefe amended to replace the word vehicle with locomotive. It was so voted.
The Ordinance was adopted as amended for first passage and referred to the Committee on Public Health, Safety and Environment.
The Ordinance shall now read as follows:
In the year two thousand and four
An Ordinance to amend an ordinance relative to idling of diesel powered vehicles
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 22, Section 5 is hereby added as follows;
No person shall cause, suffer, allow or permit the unnecessary operation of a diesel-powered locomotive while said locomotive is stopped for a foreseeable
period of time in excess of five minutes. This section shall not apply to (a) locomotives being serviced, provided that operation of the engine is essential to the proper repair thereof, or (b) locomotives engaged in an operation for which engine power is necessary for an associate power need other than movement and substitute alternate power means cannot be made available provided that such operation does not cause or contribute to a condition of air pollution.
Further, except in an emergency situation, the exceptions, as noted in (a) and (b) above, shall not take place within three hundred yards of any residential unit. Additionally, except in cases where the public welfare and safety may be
compromised, no diesel fired locomotive may be serviced or used for an alternate power source within a residential area. Whoever violates any provision of this section shall be punished by a fine of not more than one hundred dollars ($100.00).
Section 2. This Ordinance shall take effect as provided by City Charter.
#248 – ORDINANCE, ZONING, CONSERVATION OVERLAY DISTRICT SALEM WOODS (HIGHLAND PARK)
Councillor Harvey introduced the following Ordinance, which was adopted for first passage and referred to the Planning Board to schedule a Joint Public Hearing with the Planning Board for a recommendation for adoption, by a roll call vote of 8 yeas 3 nays, and 0 absent. Councillors Bencal, Corchado, Harvey, Lovely, Pelletier, Sargent, Sosnowski, and Veno were recorded as voting in the affirmative. Councillors Furey, O’Keefe, and O’Leary were recorded as voting in the negative.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
In the year two thousand and four
An Ordinance amending Zoning Ordinance to create a 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.
(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 effects 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 resources 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
If any of the provisions of this ordinance is deemed unlawful, the remaining provisions shall remain in full force and effect.
Section 2. This Ordinance shall take effect as provided by City Charter.
#249 –CONSERVATION OVERLAY DISTRICT, SALEM WOODS (HIGHLAND PARK)
Councillor Harvey introduced the following Order.
The Order was adopted as introduced and shall now read as follows:
ORDERED: That the enclosed Zoning Ordinance creating a “Conservation Overlay District” for the Salem Woods, be referred to the Planning Board to schedule a Joint Public Hearing with the City Council.
Councillor Harvey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied. Councillor Furey was recorded as “opposed”.
#250 – HOME RULE PETITION, LIQUOR LICENSE FOR PAMPLEMOUSSE
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: The Salem City Council respectfully request that a Home Rule Petition be submitted to the General Court of the Commonwealth of Massachusetts notwithstanding Section 17 of Chapter 128 of the General Laws, to grant the licensing authority of the City of Salem the authority to grant a license for the sale of all alcoholic beverages not to be drunk on the premises under Section 15 of said Chapter 138 to Pamplemousse.
And that the matter be referred to the Committee on Community and Economic Development and that the Licensing Board and City Solicitor be invited to attend.
#251 – RAILROAD CARS, BRIDGE STREET
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the ongoing concerns of the freight trains parked on the tracks alongside Bridge Street.
And that Senator Berry, Congressman Tierney, Representative Ruane, the Federal EPA, State EPA, Police Chief, Sgt. Michael Andreas, Federal Railroad Administration, Guilford Freight Lines, Mayor or Representative and all Councillors be invited.
#252 – FIRST PASSAGE , ORDINANCE, TRAFFIC, NEW DERBY STREET
Councillor Corchado introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and four
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 50A, is hereby amended by adding the following:
New Derby Street in front of #14, for a distance of twenty (20) feet. “Handicap Parking Tow Zone, 1 Hour Limit”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#253 – FLOOD WATER CONTAMINATION, HEALTH DEPARTMENT DISTRIBUTE INFORMATION
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the City of Salem Health Department draft a public health advisory and distribute this information by hard copy upon request and via the City of Salem Website regarding Flood Water Contamination and that the matter be referred to the Committee on Public Health, Safety and the Environment.
#254 – 7 IRVING STREET , 10 PHILLIPS STREET
Councillor Bencal introduced the following Order, which was adopted.
ORDERED: That the City Solicitor, the City Planner, the City Assessor and the direct abutters to the properties located at 7 Irving Street and 10 Phillips Street, as owned by the City of Salem, be invited to appear before the Committee on Community and Economic Development regarding use licenses for 7 Irving and 10 Phillips Streets.
#255 – COMMUNICATION FROM THE SALEM BEVERLY SUPPLY BOARD
Councillor O’Keefe introduced the following communication which was received and filed.
#256 - (#233 - ##235) – LICENSES GRANTED
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 whom was referred the matter of granting certain licenses has considered said matter and would recommend approval.
TAG DAY S.H.S. Girls Lacrosse, April 18, 2004
TAXI OPERATOR Karen Ann Manzo, 79 Waldemar Ave., E. Boston
LIMOUSINE Lime Light Transportation Services, 13C Griswold Dr., Salem (1 limo)
#257 – (#229) – DANCE PERFORMANCE, JEFF BIEGLER OF RED HERRING MORRIS, ESSEX STREET MALL
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 whom was referred the matter of a request from Jeff Bigler of Red Herring Morris to hold a
dance performance on the Essex Street Mall has considered said matter and would recommend approval.
#258 –(#846 OF 2003 & 105 of 2004) - TICKET TAX
Councillor Pelletier offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation by a roll call vote of 7 yeas, 4 nays, and 0 absent. Councillors Bencal, Corchado, Furey, Lovely, Pelletier, Sosnowski and O’Leary were recorded as voting in the affirmative. Councillors Harvey, O’Keefe, Sargent and Veno were recorded as voting in the negative.
Councillor Bencal moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee of the Whole to whom was referred the matter of the proposed adoption of a Ticket Tax has considered said matter and would recommend denial.
#259 – CONDUIT LOCATION, FIRST STREET, VERIZON PETITION
A hearing was ordered for April 25, 2004, on a petition from Verizon New England Inc., for a conduit location on First Street
#260 – COMM. FROM JEREMY MCKEEN RE: USA PATRIOT ACT RESOLUTION
A communication from Jeremy McKeen regarding USA Patriot Act Resolution, was received and filed.
Councillors Bencal and Furey were recorded as “opposed”.
#261 – #269 - LICENSE APPLICATIONS
The following license applications, were referred to the Committee on Ordinances, Licenses and Legal Affairs.
PUBLIC GUIDE Donna Hayes, 15 Outlook Rd, Swampscott, Ma.
Nicole Morin, 22R Essex St. #2, Beverly, Ma
Christine Porter, 116 Pond St. , Randolph, Ma.
PUBLIC GUIDE Christopher Roberts, 2 Beverly Commons Dr., #25, Beverly, Ma
Rev. Dr. Marlayna Schmidt, 8 Iverson Rd., Beverly, MA
Erica Waite, 100 High St., Topsfield, Ma
Mindy Willis, 2 Beverly Commons Dr., #25, Beverly, MA
TAXI OPERATOR Coride A. Pacheco, 27 Albion St., Salem, Ma.
Diogenes Polanco, 12 Park St., Peabody, Ma
Ana A. Hernandez, 256 Jefferson Ave., Salem, Ma.
Santo Santana, 9 Prince St., Pl, Salem, Ma.
Kelvin Pena, 65 Palmer St., Salem, Ma.
David Doherty, 79 Harold Parker, Andover, Ma.
VEHICLE FOR Friendship Carriage Tours, 13 Crombie St., Salem
HIRE
#270 – #271 - DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator License applications was granted.
Agganis Construction, 394 Lincoln Ave., Saugus, MA
McGrath Construction, 49 Morton Hill Ave., Lynn
#727 - #273 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Jacqueline Curcio, 30 Broadway Ave., Ipswich, MA
SUBROGATED: The Concord Group, (for Christine Smith), 4 Bouton St., Concord, N.H.
#274 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER Peterson Enterprises Inc., 210 Broadway, Lynn
(225A) – SECOND PASSAGE, ORDINANCE PUBLIC NUISANCE
The matter of second and final passage of an Ordinance amending Chapter 24, by adding Section 24, Public Nuisance, was taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Bencal, the meeting was adjourned at 8:45 P.M.
ATTEST: DEBORAH E. BURKINSHAW
CITY CLERK
| 
