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MINUTES JUNE 22, 2006

A Regular Meeting of the City Council was held in the Council Chamber on Thursday, June 22, 2006 at 7:00 P.M., for the purpose of transacting any and all business.  Notice of this meeting was posted on June 16, 2006 at 10:26 A.M.


       Councillor Furey was recorded as absent.

       Council President Jean M. Pelletier presided.


       Councillor Sargent moved to dispense with the reading of the record of the previous meeting.
It was so voted.

       President Pelletier requested that everyone please rise to recite the Pledge of Allegiance.


#440 – (#429) – HEARING NATIONAL GRID CONDUITS ON BLANEY STREET

        A hearing was held on the order of National Grid for two (2) conduits on Blaney Street. Appearing in favor was John Jaworski, Sr. Operations Engineer for National Grid. There was no one in opposed. Councillor O’Keefe moved that the hearing be closed. Councillor Corchado moved that the request be granted. It was so voted.


#441 – (#430) – HEARING NATIONAL GRID CONDUITS ON LAFAYETTE STREET

A hearing was held on the order of National Grid for six (6) conduits on Lafayette Street. Appearing in favor was Scott Sobozinski of National Grid. Councillor Sosnowski asked if this would interfere with the walkway. Councillor Pelletier requested and received unanimous consent to allow Mr. John Giardi, City Electrician to speak. Mr. Giardi stated that it would not interfere with the walkway, it is a 5 to 6 foot cabinet on National Grids property. There was no one opposed. Councillor O’Leary moved that the hearing be closed. Councillor O’Leary moved that the request be granted. It was so voted.


#442 – REAPPOINTMENT CONSTABLE

        The Mayor’s reappointment of James L. Russell, Jr. to serve as a constable with a term to expire June 1, 2009, was received and filed.






#443 – APPR. - STABILIZATION FUND

        The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

        ORDERED:        That the sum of Two Hundred Forty-six Thousand, Six Hundred and Sixty-Three Dollars ($246,663.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation       - Free Cash” account to the “Stabilization Fund” in accordance with the recommendation of Her Honor the Mayor.


#444 – APPR. – HUMAN RESOURCES – WORKERS COMP. MEDICAL

        The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

ORDERED:        That the sum of Fifty-three Thousand, Six Hundred Fifty Dollars ($53,650.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation    - Free Cash” account to the “Human Resources – Workers Comp Medical” in accordance with the recommendation of Her Honor the Mayor.


#445 – APPR. – FOR PURCHASE OF PARKING METERS

The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 6 yeas, 4 nays, 1 absent.  Councillors Blair, O’Keefe, Prevey, Sargent, Veno and Pelletier were recorded as voting in the affirmative. Councillors Corchado, Lovely, O’Leary, Sosnowski were recorded as voting in the negative. Councillor Furey was recorded as absent.

ORDERED:        That the sum of Thirty-Seven Thousand, Seven Hundred Twenty-one Dollars ($37,721.00) is hereby appropriated from the “Capital Outlay Equipment” account to be expended for the purchase of Parking Meters at Salem Willows for the Recreation Department in accordance with the recommendation of Her Honor the Mayor.





#446 – APPR. – GROUP INSURANCE LINE ITEMS

        The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.
        

ORDERED:        That the sum of Thirty-Three Thousand, Two Hundred Thirty-Six Dollars and Forty-eight cents ($33,236.48) is hereby appropriated from the “Receipts Reserved – Harbormaster” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.

Health Insurance                19141-5174              $32,509.40
Dental Insurance                19141-5181                     429.96
Life Insurance          19141-5182                     297.12

                                Total                   $33,236.48


#447 – APPR. – VARIOUS GROUP INSURANCE LINES

The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.
        

ORDERED:        That the sum of Eighteen Thousand, Eight Hundred Forty-Six Dollars and Seventy-Two cents ($18,846.72) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.

Health Insurance                19141-5174              $17,541.12
Dental Insurance                19141-5181                     859.92
Life Insurance          19141-5182                     445.68

                                Total                   $18,846.72






#448 – APPR. – PUBLIC SERVICES – GASOLINE

The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

ORDERED:        That the sum of Fourteen Thousand, One Hundred Eighty-Two Dollars ($14,182.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation  - Free Cash” account to the “Public Services - Gasoline” account in accordance with the recommendation of Her Honor the Mayor.


#449 – APPR. - PUBLIC SERVICES –  WATER GASOLINE

The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

ORDERED:        That the sum of Fourteen Thousand, One Hundred Eighty-Two Dollars ($14,182.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation  - Free Cash” account to the “Public Services – Water Gasoline” account in accordance with the recommendation of Her Honor the Mayor.



#450 – APPR. – PUBLIC SERVICES – SEWER GASOLINE

The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

ORDERED:        That the sum of Fourteen Thousand, One Hundred Eighty-Two Dollars ($14,182.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation  - Free Cash” account to the “Public Services – Sewer Gasoline” account in accordance with the recommendation of Her Honor the Mayor.









#451 – APPR. – CEMETERY – BURIAL

The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

ORDERED:        That the sum of Three Thousand, Nine Hundred Twenty Dollars ($3,920.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Cemetery - Burial” account in accordance with the recommendation of Her Honor the Mayor.



#452 – TRANSFER TO PARKING BUILDING MAINTENANCE

The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

ORDERED:        That the sum of Three Thousand, Four Hundred Seventy-Five Dollars ($3,475.00) is hereby transferred from the “Parking Seasonal Salary” account to the “Parking Building Maintenance” account in accordance with the recommendation of Her Honor the Mayor.



#453 – TRANSFER TO ELECTIONS AND REGISTRATION - FULL TIME SALARY

The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent.  Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

ORDERED:        That the sum of One Thousand, Thirty-Five Dollars and Sixty cents ($1,035.60) is hereby transferred from the “Park & Recreation – Full Time Salary” account to the “Elections & Registration – Full Time Salary” account in accordance with the recommendation of Her Honor the Mayor.










#454 – INCREASE WATER AND SEWER RATE

The following Order, recommended by the Mayor, was referred back to the Mayor for an Ordinance.

ORDERED:        That effective July 1, 2006, Sewer Rates be increased by 9% to $4.24 per HCF for residential and $6.42 per 0-250 HCF Commercial and $8.23 per 251+HCF Commercial.

That effective July 1, 2006, Water Rates be decreased by 2% to $2.18 per HCF for residential and $2.96 per HCF for Commercial.


#455 – ACCEPT MASSACHUSETTS GENERAL LAW FOR EMERGENCY SPENDING IN CASES OF NATURAL DISASTER

The following Order, recommended by the Mayor, was adopted by roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Veno and Pelletier were recorded as voting in the affirmative. Councillor Sosnowski was recorded as voting in the negative. Councillor Furey was recorded as absent.

ORDERED: That the City of Salem accept Massachusetts General Law, Chapter 44, Section 31, providing the City of Salem with the authority for emergency spending in cases of Natural Disaster.


#456 – PARKING RATE FOR 4TH OF JULY

The following Order, recommended by the Mayor.

ORDERED: That a $5.00 parking rate entry fee be in effect for the 4th of July Holiday from 9:00 A.M. to 9:00 P.M.

Councillor Veno amended to include words South Harbor Garage. It was so voted. The Order was adopted as amended.

ORDERED:  That a $5.00 parking rate entry fee be in effect for the 4th of July Holiday from 9:00 A.M. to 9:00 P.M. at the South Harbor Garage.







#457 – INTERGOVERNMENTAL AGREEMENT WITH ESSEX NATIONAL HERITAGE COMMISSION

        The following Order, recommended by the Mayor, was adopted by a roll call vote of 9 yeas, 1 nay, 1 absent. Councillors Blair, Corchado, Lovely, O’Keefe, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative. Councillor Furey was recorded as absent.

        ORDERED:  That the Mayor is hereby authorized to enter into an intergovernmental agreement with the Essex National Heritage Commission, acting on behalf of the National Park Service, to preserve the ramp and float system at Central Wharf and install a new ramp and float system at Blaney Street.


#458 – ORDINANCE AMENDING SOLID WASTE MANAGEMENT

        The following Ordinance, recommended by the Mayor.

        In the year two thousand and six

        An Ordinance to amend an Ordinance pertaining to Solid Waste Management

        Be it ordained by the City Council of the City of Salem, as follows:

        Section 1. Chapter 36, Solid Waste Management shall be amended by adding the following new sections:

        Section 36-5 Residential Curbside Solid Waste and Recycling Collection

        The City shall provide weekly municipal curbside solid waste and recycling collection to all owner-occupied residential units and non-owner occupied rental units serviced by the municipal collection contract at the time this Ordinance is adopted.

The City Engineer shall make such rules, consistent with the city’s solid waste and recycling collection contracts, as are necessary to provide for the efficient and safe administration of solid waste and recycling under this article. Such rules shall include the types of items collected and the limits placed on the quantity of items collected.






Section 36-6 Collection Fee for Certain Residences

(a)     The owner of any non-owner occupied residential unit receiving curbside collection pursuant to Section 36-5 shall be charged a monthly fee of $20.00 per unit for the collection of solid waste. The monthly fee collected from any one property shall not exceed $100.00.

(b)     Solid waste fees for non-owner occupied residential dwellings shall not be collected when the owner or occupant thereof presents a current contract for private rubbish collection for the premises. Such contract must be valid and remain in force for the entire term of the contract.  Such contract must include: the term, address, number of units, and contract price. In the event that the contract is terminated, the property owner shall notify the City in writing within five (5) business days.

(c)     Fees not collected shall be subject to all collection remedies as provided for real estate collection, including interest and demand fees. Any fee not paid within (30) days from the date of mailing of each bill may be liened to the property in the following fiscal years’ real estate bill. Such liens shall remain valid to the extent allowed by law.
(d)     Property owners shall be entitled to obtain a waiver of trash fees on a per-month basis for residential dwelling units that are vacant for an entire month. It shall be the responsibility of the property owner to complete an affidavit as to the vacancy of the unit and submit same to the city engineering department. The city shall not issue a waiver of trash fees for any month that precedes the date the property owners affidavit is submitted to the engineering department. Individuals who make one (1) or more false representations regarding the vacancy status of a residential dwelling unit shall be fined twice the amount of the single unit fee for each such false representation.
Section 36-7 Commercial Curbside Solid Waste and Recycling Collection
As of the effective date of this ordinance, the city shall continue to provide solid waste and recycling collection to existing small businesses currently utilizing municipal collection. New small businesses, after the effective date of this ordinance, shall qualify for municipal collection if they occupy a location from which the city formerly collected solid waste and recycling.
Section 36-8 Collection Fee for Certain Commercial Establishments
Any commercial establishment which utilizes municipal collection of solid waste and recycling shall be charged a monthly fee of $30.00 per month.
Section 2. This Ordinance shall take effect as provided by City Charter.

Councillor Blair amended Section 36-5, second paragraph after City Engineer add with approval of a two-thirds vote of the City Council.
Councillor Blair amended Section 36-5 second paragraph should read such rules shall include the types of items collected.
Councillor Blair amended Section 36-6 to include new sub-section: (e) Residents over age 60 who occupy a unit in which the resident has a life estate or in which the resident is a beneficiary of a trust holding said unit shall be exempt from such fee. (f) Owner occupied residential units will not be charged a fee.
Councillor Lovely amended Section 36-9 This Ordinance is to be returned to City Council on or before July 1, 2007 for revisit and reratification.
The amendments were adopted by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Blair, Lovely, O’Keefe, Prevey, Sargent, Veno and Pelletier were recorded as voting in the affirmative. Councillors Corchado, O’Leary and Sosnowski were recorded as voting in the negative. Councillor Furey was recorded as absent.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Ordinance was adopted as amended for first passage by roll call vote of 6 yeas, 4 nays, 1 absent. Councillors Blair, O’Keefe, Prevey, Sargent, Veno and Pelletier were recorded as voting in the affirmative. Councillors Corchado, Lovely, O’Leary and Sosnowski were recorded as voting in the negative. Councillor Furey was recorded as absent.

The following Ordinance, recommended by the Mayor.

        In the year two thousand and six

        An Ordinance to amend an Ordinance pertaining to Solid Waste Management

        Be it ordained by the City Council of the City of Salem, as follows:

        Section 1. Chapter 36, Solid Waste Management shall be amended by adding the following new sections:

        Section 36-5 Residential Curbside Solid Waste and Recycling Collection

        The City shall provide weekly municipal curbside solid waste and recycling collection to all owner-occupied residential units and non-owner occupied rental units serviced by the municipal collection contract at the time this Ordinance is adopted.

The City Engineer with the approval of a two-thirds vote of the City Council, shall make such rules, consistent with the city’s solid waste and recycling collection contracts, as are necessary to provide for the efficient and safe administration of solid waste and recycling under this article. Such rules shall include the types of items collected.

Section 36-6 Collection Fee for Certain Residences

(a) The owner of any non-owner occupied residential unit receiving curbside collection pursuant to Section 36-5 shall be charged a monthly fee of $20.00 per unit for the collection of solid waste. The monthly fee collected from any one property shall not exceed $100.00.

(b)     Solid waste fees for non-owner occupied residential dwellings shall not be collected when the owner or occupant thereof presents a current contract for private rubbish collection for the premises. Such contract must be valid and remain in force for the entire term of the contract.  Such contract must include: the term, address, number of units, and contract price. In the event that the contract is terminated, the property owner shall notify the City in writing within five (5) business days.

(c)     Fees not collected shall be subject to all collection remedies as provided for real estate collection, including interest and demand fees. Any fee not paid within (30) days from the date of mailing of each bill may be liened to the property in the following fiscal years’ real estate bill. Such liens shall remain valid to the extent allowed by law.
(d)     Property owners shall be entitled to obtain a waiver of trash fees on a per-month basis for residential dwelling units that are vacant for an entire month. It shall be the responsibility of the property owner to complete an affidavit as to the vacancy of the unit and submit same to the city engineering department. The city shall not issue a waiver of trash fees for any month that precedes the date the property owners affidavit is submitted to the engineering department. Individuals who make one (1) or more false representations regarding the vacancy status of a residential dwelling unit shall be fined twice the amount of the single unit fee for each such false representation.
(e)     Residents over the age of 60 who occupy a unit in which the resident has a life estate or in which the resident is a beneficiary of a trust holding, said unit shall be exempt from such fee.
(f)     Owner occupied residential units will not be charged a fee.




Section 36-7 Commercial Curbside Solid Waste and Recycling Collection
As of the effective date of this ordinance, the city shall continue to provide solid waste and recycling collection to existing small businesses currently utilizing municipal collection. New small businesses, after the effective date of this ordinance, shall qualify for municipal collection if they occupy a location from which the city formerly collected solid waste and recycling.

Section 36-8 Collection Fee for Certain Commercial Establishments
Any commercial establishment which utilizes municipal collection of solid waste and recycling shall be charged a monthly fee of $30.00 per month.
Section 36-9 Ordinance to be returned to City Council
This Ordinance is to be returned to City Council on or before June 1st, 2007 to be formerly revisited and for re-ratification.


Section 2. This Ordinance shall take effect as provided by City Charter


        
#459 – ORDINANCE CREATING DOG PARK USE REGULATIONS

The following Ordinance, recommended by the Mayor, was adopted for first passage.

In the year two thousand and six

An Ordinance to amend an Ordinance pertaining to Parks and Recreation

Be it ordained by the City Council of the City of Salem, as follows:

Section 1.  Chapter 26, Parks and Recreation is hereby amended by creating a new Article within Chapter 26 as follows:

Chapter 26, Article IV. DOG PARK USE REGULATIONS

Section 26-100 Establishement


There is established an enclosed dog park at Leslie’s Retreat Park for the use and enjoyment of dogs of residents of the city and residents alike.

Section 26-101  Use Regulations

1)      Dogs entering the park must be at least 6 months of age;
2)      Dogs must be accompanied by a guardian at least 18 years of age;
3)      Children must be accompanied by an adult, age 18 years or older;
4)      Dogs must display city dog license and current vaccination tag;
5)      Dogs may be leash free once within the confines to the park’s second gate;
6)      Guardians must have voice control over their dogs at all times;
7)      Guardians must immediately clean and properly dispose of waste;
8)      Guardians must remain hands free for supervision and safety; and
9)      All dogs must be either spayed or neutered.

Section 26-102 Prohibitions

1)      Guardians may not supervise more than three (3) dogs at one time;
2)      Dogs deemed dangerous pursuant to City Ordinance Chapter 8, Section 8-66 are prohibited; and
3)      Cigarette smoking within the enclosed park is prohibited.

Section 26-103 Penalties

        Whoever violates any provision of this Article shall be subject to a fine of $25.00 for the first offense and $50.00 for any subsequent offense.


Section 2. This Ordinance shall take effect as provided by City Charter.


#460 – ORDINANCE AMENDING ZONING FOR DRIVE-THROUGH FACILITIES

The following Ordinance, recommended by the Mayor was referred to the Planning Board to schedule a joint Public Hearing with the City Council.

        In the year two thousand and six

        An Ordinance to amend the Zoning Ordinance to include Drive-Through Regulations

        Be it ordained by the City Council of the City of Salem, as follows:



        Section 1. Section VII of the City of Salem Zoning Ordinance is hereby amended by adding the following new section:

        Section 7-22 Drive-through Facilities

1.      Purpose:

The purpose of this section is to protect the safety, public health, convenience and general welfare of the inhabitants of the City of Salem by providing detailed review of the design and layout of drive-through facilities, which have a substantial impact upon the character of the City and upon traffic, utilities and services therein.

2.      Powers and Administrative Procedures:

The Planning Board is hereby designated the Special Permit Granting Authority (SPGA) for Drive-Through Plan Approval. The SPGA shall adopt rules relative to the issuance of special permits for Drive-Through Plan Approval and file a copy with the City Clerk. The SPGA shall follow the procedural requirements for special permits as set forth in Section 9 of M.G.L. Chapter 40A. After notice and public hearing and after due consideration of the reports and recommendations of other City boards, commissions and/or departments, the SPGA may grant such a permit. The SPGA shall also impose, in addition to any applicable conditions specified in this section, such applicable conditions as the SPGA finds reasonable appropriate to improve the site design, traffic flow, safety and/or otherwise serve the purpose of this section. Such conditions shall be imposed in writing and the applicant may be required to post a bond or other surety for compliance with said conditions in an amount satisfactory to the SPGA.

3.      Applicability:

This section applies to all uses identified as requiring a Special Permit for Drive-Through Facilities in Article V, Section 5-3 (f), and Section 7-21 NRCC.

                RC      R1      R2      R3      B1      B2      B4      B5      I       NRCC    
Drive-through   N       N       N       N       N       SP      N       N       SP      SP
Facilities –
Fast Food

Drive-through   N       N       N       N       N       SP      N       N       SP      SP
Facilities – other

N      Not allowed
SP   Special Permit

4.      Traffic Impact Study:

4.1     A detailed traffic impact analysis in accordance with professional engineering standards is required for any special permit or site plan approval application containing a Drive-through Facility for Fast Food. The SPGA may require a traffic impact study for other Drive-through Facilities. A registered professional engineer experienced and qualified in traffic engineering shall prepare the traffic impact study.

4.2     A proposed mitigation plan must be included: A plan (with supporting text) to minimize traffic and safety impacts through such means as physical design and layout concepts, or other appropriate means; and an interior traffic and pedestrian circulation plan designed to minimize conflicts and safety problems. Measures shall be proposed to achieve the following post-development standards: All streets and intersections to be impacted by the project shall have the same Level of Service or better than pre-development conditions.

5.      Standards:

5.1 There must be a minimum of 200 feet between curb cuts, unless waived by the SPGA.

5.2 The width of any curb cut shall not exceed 25 feet, unless the traffic impact study identifies the need for a larger curb cut and the requirement is waived by the SPGA.

5.3 Curb cuts must be sufficiently setback from intersections and directional restrictions (i.e. right in/right out only and/or a restrictive median) must be provided as required by the Board.

5.4 A system of joint use driveways and cross access easements shall be established wherever feasible and the proposed development shall incorporate the following:

        5.4.1 A Service driver or cross access corridor extending the width of the parcel.

        5.4.2 Sufficient width to accommodate two-way travel aisles.

5.4.3 Stub-outs and other design features to make it visually obvious that the abutting properties may be tied in to provide cross-access via a service drive.

5.5 Developments that provide service drives between properties may be permitted a 10% reduction in the required number of parking spaces. If information can be provided to show that peak demand periods of development with shared parking or a service drive connection are not simultaneous, the number of required parking spaces may be reduced by 20%.

5.6 Drive-through facilities shall provide a minimum of eight (8) stacking spaces (within the site) before the order board. The facility shall provide another four (4) stacking spaces between the order board and the transaction window. If the facility has two transaction windows, the four (4) stacking spaces may be split between each of the windows. An additional stacking space shall be provided adjacent to the last transaction windows.

5.7 Each stacking space shall be a minimum of twenty (20) feet in length and ten (10) feet in width along straight portions. Stacking spaces and stacking lane shall be a minimum of twelve (12) feet in width along curved segments.

5.8 Stacking lanes shall be delineated from traffic aisles, other stacking lanes and parking areas with striping, curbing, landscaping and/or the use of alternative paving materials or raised medians.

5.9 Entrances to stacking lane(s) shall be clearly marked and a minimum of twenty (20) feet from the curb cut measured at the property line.

5.10 Stacking lanes shall be designed to prevent circulation congestion, both on site and on adjacent public streets. The circulation shall: (a) separate drive-through traffic from site circulation, (b) not impede or impair access into or out of parking spaces, (c) not impede or impair vehicle or pedestrian traffic movement, and (d) minimize conflicts between pedestrian and vehicular traffic. Stacking lanes shall not interfere with required loading and trash storage areas and loading or trash operations shall not impede or impair vehicle movement within stacking lanes. If said separate stacking lane is curbed, an emergency by-pass or exit shall be provided.

5.11 Any outdoor service facilities (including menu boards, speakers, etc.) shall be a minimum of one hundred (100) feet from the property line of a residential use. A landscaped buffer and solid wooden panel fence must be provided to screen the abutting residential use. The landscaped buffer must be a minimum of twenty (20) feet long side and rear yards abutting residential property.

5.12 Menu boards shall be a maximum of thirty square feet, with a maximum height of six (6) feet in height and shall be shielded from any public street and residential properties.

5.13 A leveling area shall be provided having a minus one percent (-1%) grade for a distance of thirty (30) feet measured from the nearest exterior line of the intersecting street, to the point of vertical curvature.




5.14 When a drive-through is proposed on a property with an historic building, the architectural character defining exterior elements of historic building shall be preserved. Signage should be compatible with the historic character of the building.

6.      Compliance:

6.1 No building permit shall be issued by the Building Inspector and no construction or site preparation shall be started, until the Special Permit decision of the Planning Board approving a drive-through facility has been filed with the City Clerk.

6.2 An as-built plan, certified by a registered professional land surveyor or engineer shall be submitted to the Planning Board and Building Inspector before the issuance of a permanent occupancy permit.

6.3 No permanent occupancy permit shall be issued for any building/drive-through facility subject to this section unless such building and all its related facilities have been completed according to the approved site/drive-through plan.

6.4 Any changes in the approved site/drive-through plan, or in the activity to be conducted on the site shall be submitted to the SPGA for review and approval.

7.      Appeals:

Any person aggrieved by a decision of the SPGA may appeal to the Superior Court, the Land Court or the District Court pursuant to Chapter 30A of the Massachusetts General Laws.

8.      Invalidity:

The invalidity of any section, sentence or provision of this by-law shall not affect the validity of any other section, sentence or provision of this zoning by-law.

Section 2. Amend Section 5-3 (f) of the Zoning Ordinance by adding the following provisions:

“(5) Drive-through Facilities – Fast Food; subject to the provisions of Section 7-22
(6) Drive-through Facilities – Other; subject to the provisions of Section 7-22”

Section 3. Amend Section 7-21 North River Canal Corridor Neighborhood Mixed Use District by adding the following to Section 7-21 (e) (5) special permit uses:
c. Drive-through Facilities – Other in accordance with the requirements of Section
 
7-22 Drive-through Facilities

Further amend Section 7-21 by adding within 7-21 (f) Prohibited Uses the words “Fast Food” after the words “(5) Drive-through Facilities” so that it reads “(5) Drive-through Facilities – Fast Food”.

Section 4. Amend Article II Definitions by adding the following new definitions in alphabetical order:

Cross Access: A service drive providing vehicular access between two or more contiguous sites so the driver need not enter the public street system.

Drive-through Facility: A commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle onto the premise and to a window or mechanical device through or by which the customer is serviced without exiting the vehicle. This shall not include the selling of fuel at a gasoline filling station or the accessory functions of a carwash facility such as vacuum cleaning stations.

Drive-through Facility – Fast Food: A drive-through facility that serves food or drink.

Drive-through Facility – Other: A drive-through facility that does not include food or drink; includes banks, pharmacies, and similar uses.

Joint Access (or shared Access): A driveway connecting two or more contiguous sites to the public/private street system.

Stacking Lane: An area within a stacking lane for vehicles waiting to order and/or finish a drive-through service.

Stacking Space: An area within a stacking lane for vehicles waiting to order and/or finish a drive-through transaction.

Section 5. This Ordinance shall take effect as provided by City Charter.


#461 – RESOLUTION FOR SUBMISSION OF STATEMENT OF INTEREST FORM TO THE MASSACHUSETTS BUILDING AUTHORITY

The following Resolution, recommended by the Mayor was adopted by a roll call vote of
10 yeas, 0 nays 1 absent. Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.


RESOLUTION:

Be it hereby RESOLVED By the Salem City Council, as follows:

Having convened in an open meeting on June 22, 2006, the Salem City Council, in accordance with its Charter and Ordinances, hereby votes to authorize the Superintendent to submit to the Massachusetts School Building Authority a Statement of Interest Form, dated June 15, 2006, for Salem High School Phase 2, located at 77 Willson Road, which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future, as more particularly described in the attached MSBA Statement of Interest Form Salem High School Phase 2 Renovation Project, which is attached hereto, as Exhibit A.

And hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City of Salem to filing an application for funding with the Massachusetts School Building Authority.


Councillor O’Leary moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.


#462 – SPECIAL MUNICIPAL EMPLOYEE – ATTORNEY JERALD PARISELLA

The following Order, recommended by the Mayor was adopted by a roll call vote of 8 yeas, 2 nays, 1 absent. Councillors Blair, Lovely, O’Keefe, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillors Corchado and O’Leary were recorded as voting in the negative. Councillor Furey was recorded as absent.

ORDERED: That Assistant City Solicitor, Attorney Jerald Parisella, is hereby designated a Special Municipal Employee under the provisions of M.G.L. Chapter 268.

Councillor O’Keefe moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.


#463 – TAX IMPACT STUDY ON POTENTIAL SUBSTANTIAL DEVELOPMENT PROJECTS

        Councillor Lovely introduced the following Order, which was adopted.



        ORDERED: That the matter of potential developers proposing substantial development projects be required to submit a Tax Impact Study to the Committee on Community and Economic Development prior to proceeding with the permitting process and the matter be referred to the Committee on Community and Economic Development for review.


Councillor O’Leary took the chair.


#464 – ADMINISTRATION LOOK INTO AN ORDINANCE FOR PARADES PERTAINING TO MOTORCYCLE RUN

        Councillor Pelletier introduced the following Order, which was adopted.

        ORDERED:        That the Administration and Legal Department look into the possibility of amending the existing Traffic Ordinance Chapter 42, Section 7 for Parade Permits in regards to the Motorcycle Run (Parade) that comes through the City of Salem at the end of October each year and also to consider a Permit Fee.


Councillor Pelletier assumed the chair.


Councillor O’Keefe took a moment of personal priviledge to wish Ben Casselman of the Salem News good luck in his new position at the Wall Street Journal.

Councillor O’Keefe request and received unanimous consent for suspension of the rules to allow Mr. Casselman to speak.



#465 – BLOCK PARTY PERMIT FOR NAUMKEAG STREET

        Councillor Corchado introduced the following Order, which was adopted.

        ORDERED: That the enclosed block party permit for the residents of Naumkeag Street to be held on July 4th, 2006 be granted.







#466 – (#434 – 435) - GRANTING CERTAIN LICENSES

        Councillor Lovely introduced 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.


TAXI CAB                        All City Cab, 1 Market Street #204, Lynn, MA (2 cabs)

TAXI OPERATOR           Santo Ozoria, 9 Prince St. Place, Salem, MA
                                German Amezaquita, 38 Ward St., Apt. 1, Salem, MA


#467 – (#243) – RESOLUTION FOR NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)

Councillor Corchado introduced the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and adopt the recommendation.

        The Committee on Public Health, Safety and Environment to whom was referred the matter of a Resolution for the National Incident Management System (NIMS) for the City of Salem has considered said matter and would recommend that the Resolution be adopted.


#468 – (#241) – ACCEPT M.G.L. CHAPTER 44, SECTION 55C, MUNICIPAL AFFORDABLE HOUSING TRUST FUND

Councillor Sosnowski introduced the following report for the Committee on Community and Economic Development. It was voted to accept the report. Councillor O’Leary was reported as opposed. The matter was referred to the Committee of the Whole.

        The Committee on Community and Economic Development to whom was referred the matter of accepting Massachusetts General Law Chapter 44, Section 55C, to establish a Municipal Affordable Housing Trust Fund has considered said matter and would recommend that the matter be reported out to the full Council with a favorable recommendation.


#469 – ANNUAL BUDGET  FISCAL YEAR 2007

        Councillor O’Leary introduced 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 matter of the Annual Budget for Fiscal Year 2007 has considered said matter and would recommend that the attached orders be adopted.

#470 – MAYOR

ORDERED: That the Annual Appropriations under the authority of the Mayor shall be as follows:


Mayor                           

Personnel                               $227,967.00
                        Non Personnel Expenses                  $127,050.00
                        Total                                   $355,017.00                             

#471 – CITY COUNCIL

ORDERED: That the Annual Appropriations under the authority of the City Council shall be as follows:

City Council

                        Personnel                               $119,700.00
                        Non Personnel Expenses            $26,850.00
                        Total                                   $146,550.00     

                        
#472 – CITY CLERK

ORDERED: That the Annual Appropriations under the authority of the City Clerk shall be as follows:

City Clerk

                        Personnel                               $149,290.00
                        Non Personnel Expenses              $6,550.00
                        Total                                   $155,840.00     
                        









#473 – ELECTIONS AND REGISTRATION

ORDERED: That the Annual Appropriations under the authority of the Elections and Registration shall be as follows:

Elections & Registration

                        Personnel                               $167,593.00
                        Non Personnel Expenses            $51,850.00                    
Total                                   $219,443.00     








#474 - ASSESSOR

ORDERED: That the Annual Appropriations under the authority of the Assessor shall be as follows:

Assessing

                        Personnel                               $194,013.00
                        Non Personnel Expenses            $34,000.00
                        Total                                   $228,013.00     
                        

#475 – COLLECTOR

ORDERED: That the Annual Appropriations under the authority of the Collector shall be as follows:

Collector

                        Personnel                               $193,758.00
                        Non Personnel Expenses            $17,625.00
                        Total                                   $211,383.00                             







#476 – DATA PROCESSING

ORDERED: That the Annual Appropriations under the authority of the Data Processing shall be as follows:

Data Processing

                        Personnel                               $144,734.00
                        Non Personnel Expenses              $9,116.00                                                           Total                                   $153,850.00

                        Fixed Costs                             $172,920.00

                        GIS                                       $57,000.00

                        Grand Total                             $388,770.00     
                

        

#477 – FINANCE DEPARTMENT

ORDERED: That the Annual Appropriations under the authority of the Finance Department shall be as follows:

Finance Department

                        Personnel                               $211,804.00
                        Non Personnel Expenses               $5,000.00
                        Total                                   $216,804.00                             















#478 – PARKING DEPARTMENT

ORDERED: That the Annual Appropriations under the authority of the Parking Department shall be as follows:

Parking Department

                        Personnel                               $448,153.00
                        Non Personnel Expenses          $145,200.00
                        Total                                   $593,353.00     


                

#479 –  PURCHASING

ORDERED: That the Annual Appropriations under the authority of the Purchasing Department shall be as follows:

Purchasing Dept.

                        Personnel                               $94,524.00
                        Non Personnel Expenses          $17,700.00
                        Total                                    $112,224.00

                        Fixed Costs                             $54,000.00
                        Grand Total                              $166,224.00


                                
#480 – TREASURER

ORDERED: That the Annual Appropriations under the authority of the Treasurer shall be as follows:

Treasurer

                        Personnel                               $135,734.00
                        Non Personnel Expenses            $52,050.00
                        Total                                   $187,784.00




                        Debt Service                            $6,688,252.00
                        Short Term Debt.                           $297,452.00
                        Total                                   $6,985,704.00

                        Assessments
                            NSRS/Charter/Choice         $1,514,562.00

                        Contributory Retirement
                             Personnel Services         $7,065,685.00

                        Non Contributory Retirement        $175,000.00

                        Medicare
                             Personnel Services            $645,000.00

                        Municipal Insurance
                             Non Personnel Expenses        $306,000.00


                        GRAND TOTAL                     $16,879,735.00                  





#481 – SOLICITOR

ORDERED: That the Annual Appropriations under the authority of the Solicitor shall be as follows:

Solicitor

                        Personnel                               $142,418.00
                        Non Personnel Expenses            $91,000.00
                        Total                                   $233,418.00                             









#482 – HUMAN RESOURCES

ORDERED: That the Annual Appropriations under the authority of the Human Resources shall be as follows:

Human Resources

                        Personnel                                       $181,857.00
                        Non Personnel Expenses                   $25,650.00
                        Total                                           $207,507.00

                        Workmen’s Comp-Personnel                $305,000.00

                        Unemployment Comp-Personnel             $260,000.00

                        Group Insurance-Personnel                       $9,429,000.00

                        GRAND TOTAL                           $10,201,507.00                    

#483 – FIRE DEPARTMENT

ORDERED: That the Annual Appropriations under the authority of the Fire Department shall be as follows:

Fire Department

                        Personnel                                       $5,578,410.00
                        Non Personnel Expenses                     $367,863.00
                        Total                                           $5,946,273.00

                
#484 – HARBORMASTER

ORDERED: That the Annual Appropriations under the authority of the Harbormaster shall be as follows:

Harbormaster

                        Personnel                                       $214,506.00
                        Non Personnel Expenses                    $37,300.00
                        Total                                           $251,806.00                     




#485 – POLICE DEPARTMENT

ORDERED: That the Annual Appropriations under the authority of the Police Department shall be as follows:

Police Department

                        Personnel                                       $6,716,656.00
                        Non Personnel Expenses                     $384,150.00  
                        Total                                           $7,100,806.00           



#486 – ELECTRICAL DEPT.

ORDERED: That the Annual Appropriations under the authority of the Electrical Department shall be as follows:   
        
Electrical Dept.



                        Personnel                                       $265,451.00
                        Non Personnel Expenses                  $546,199.00
                        Total                                           $811,650.00                     



#487 – BOARD OF HEALTH

ORDERED: That the Annual Appropriations under the authority of the Health Department shall be as follows:

Health Dept.



                        Personnel                                       $401,586.00
                        Non Personnel Expenses                    $17,650.00
                        Total                                           $419,236.00                     




#488 – LICENSING

ORDERED: That the Annual Appropriations under the authority of the Licensing shall be as follows:

Licensing

                        Personnel                                       $46,658.00
                        Non Personnel Expenses                    $1,539.00
                        Total                                           $48,197.00      



#489 – PUBLIC PROPERTY

ORDERED: That the Annual Appropriations under the authority of the Public Property shall be as follows:

Public Property

                        Board of Appeals
                            Personnel                                   $3,000.00
                            Non Personnel Expenses                 $675.00
                           Total                                        $3,675.00                       

                        Building Maintenance
                            Personnel                                    $88,693.00
                            Non Personnel Expenses             $143,160.00
                            Total                                      $231,853.00

                        Public Property         
                            Fixed Costs                       $497,725.00

                        Inspectional Services                 
    Personnel                                 $228,626.00
   Non Personnel Expenses                $2,000.00
   Total                                     $230,626.00


GRAND TOTAL                            $963,879.00                      





#490 -  PLANNING DEPARTMENT

ORDERED: That the Annual Appropriations under the authority of the Planning Department shall be as follows:


Planning Dept.

                        
                Conservation Commisstion
                        Personnel                               $21,592.00
                        Non Personnel Expenses               $425.00
                        Total                                   $22,017.00

                Planning Board
                        Personnel                               $21,592.00
                        Non Personnel Expenses            $3,500.00
                        Total                                   $25,092.00

                Planning Dept.
                        Personnel                               $175,586.00
                        Non Personnel Expenses              $7,275.00
                        Total                                   $182,861.00

                Market & Tourist Commission
                        Non Personnel Expenses          $8,000.00

                Historical Commission
                        Personnel                               $6,710.00
                        Non Personnel Expenses          $1,609.00
                        Total                                   $8,319.00


                GRAND TOTAL                             $246,289.00                             










#491 – PUBLIC SERVICES DEPARTMENT

ORDERED: That the Annual Appropriations under the authority of the Public Services Department shall be as follows:


Public Services Dept.

                Public Services
                        Personnel                               $1,451,399.00
                        Non Personnel Expenses             $551,590.00
                        Total                                   $2,002,989.00

                Snow & Ice
                        Personnel                                    $50,000.00
                        Non Personnel Expenses             $344,560.00
                        Total                                      $394,560.00

                Solid Waste Collection                  $3,198,754.00

                GRAND TOTAL                             $5,596,303.00           


#492 – PUBLIC SERVICES / ENGINEERING    

ORDERED: That the Annual Appropriations under the authority of the Public Services/ Engineering shall be as follows:


Public Services/Engineer



                Engineering
                        Personnel                               $77,483.00
                        Non Personnel Expenses          $12,850.00
                        Total                                   $90,333.00                              
                





#493 – COUNCIL ON AGING

ORDERED: That the Annual Appropriations under the authority of the Council on Aging shall be as follows:

Council on Aging

                        Personnel                               $262,168.00
                        Non Personnel Expenses            $18,797.00
                        Total                                   $280,965.00                             



#494 – LIBRARY


ORDERED: That the Annual Appropriations under the authority of the Library shall be as follows:

Library
                
                        Personnel                               $758,008.00
                        Non Personnel Expenses          $268,846.00
                        Total                                   $1,026,854.00                           



#495 – RECREATION AND COMMUNITY SERVICE

ORDERED: That the Annual Appropriations under the authority of the Recreation and Community Service shall be as follows:


Recreation & Community Services Division

                Recreation
                        Personnel                               $308,139.00
                        Non Personnel Expenses            $97,412.00
                        Total                                   $405,551.00

                Golf Course
                        Personnel                               $220,222.00
                        Non Personnel Expenses            $86,911.00
                        Total                                   $307,133.00

                Witch House
                        Personnel                                 $74,066.00
                        Non Personnel Expenses            $60,680.00
                        Total                                   $134,746.00

                Winter Island
                        Personnel                               $92,482.00
                        Non Personnel Expenses          $41,520.00
                        Total                                    $134,002.00

                
                GRAND TOTAL                              $981,432.00                    





#496 – VETERANS SERVICES

ORDERED: That the Annual Appropriations under the authority of the Veterans Services shall be as follows:

Veterans Services


                        Personnel                               $56,014.00
                        Non Personnel Expenses          $77,157.00
                        Total                                    $133,171.00                            



#497 – SCHOOL DEPARTMENT

ORDERED: That the Annual Appropriations under the authority of the School Department shall be as follows:

School Dept.

                        Personnel                               $31,622,512.00
                        Non Personnel Expenses          $10,540,838.00
                        Total                                   $42,163,350.00                  







#498 – SEWER ENTERPRISE FUND

ORDERED: That the Annual Appropriations under SEWER Enterprise Fund shall be as follows:


SEWER ENTERPRISE FUND

                Sewer Public Services
                        Personnel                               $280,686.00
                        Non Personnel Expenses          $206,030.00
                        Total                                   $486,716.00

                Sewer- Engineer
                        Personnel                                 $51,082.00
                        Non Personnel Expenses          $241,547.00
                        Total                                   $292,629.00

                Sewer Assessment                                $5,515,899.00


                GRAND TOTAL                             $6,295,244.00                           



#499 – WATER ENTERPRISE FUND

ORDERED: That the Annual Appropriations under WATER Enterprise Fund shall be as follows:


WATER ENTERPRISE FUND

                Water Public Services
                        Personnel                               $284,286.00
                        Non Personnel Expenses          $371,845.00
                        Total                                   $656,131.00

                Water Engineering
                        Personnel                                 $51,082.00
                         Non Personnel Expenses         $475,500.00
                        Total                                   $526,582.00




                Salem/Beverly Water Board
                        
                        Water Short Term Debt           $151,604.00

                        Assessment                              $2,081,364.00


                GRAND TOTAL                             $3,415,681.00           

        


#500 – FISCAL YEAR 2007 BUDGET      

ORDERED: That the aggregate Fiscal Year 2007 operating budget, recommended by the Mayor in the Amount of $96,051,601.00 is hereby adopted in the amount of $96,051,601.00 by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

AND BE IT FURTHER ORDERED: That the adopted Fiscal Year 2007 operating budget be funded from property taxes, state aid, and non-property tax revenues when the Fiscal Year 2007 tax rate is set.
Total Operating Budget for Fiscal Year 2007:    $96,051,601.00

Councillor O’Leary moved for immediate reconsideration in the hopes it does not prevail. Reconsideration was denied.


#501 – TOTAL SEWER ENTERPRISE FUND

ORDERED: That the Sewer Enterprise Fund Fiscal Year 2007 Operating Budget, recommended by the Mayor in the amount of $6,295,244.00 is hereby adopted in the amount of $6,295,244.00 by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

AND BE IT FURTHER ORDERED: That the adopted fiscal year 2007 Sewer Enterprise Fund Operating Budget be funded from sewer rates, state aid, and non-sewer revenues when the fiscal year 2007 Sewer rate is set.

Counicllor O’Leary moved for immediate reconsideration in the hopes it does not prevail. Reconsideration was denied.

#502 – TOTAL WATER ENTERPRISE FUND

ORDERED: That the Water Enterprise Fund Fiscal Year 2007 Operating Budget, recommended by the Mayor in the amount of $3,415,681.00 is hereby adopted in the amount of $3,415,681.00 by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

AND BE IT FURTHER ORDERED: That the adopted fiscal year 2007 Water Enterprise Fund Operating Budget be funded from water rates, state aid, and non-water revenues when the fiscal year 2007 Water rate is set.

Councillor O’Leary moved for immediate reconsideration in the hopes it does not prevail. Reconsideration was denied.


Councillor O’Leary assumed the chair.


#503 – SPECIAL PERMIT FOR DRIVE-THROUGH FACILITIES


Councillor Pelletier introduced the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.

        The Committee of the Whole to whom was referred the matter of future drive-throughs come before the City Council for a Special Permit has considered said matter and would recommend that it be reported out of Committee with no recommendation.


#503A – ORDINANCE AMENDING CH. 14, SEC. 1, SPECIAL PERMIT FOR DRIVE THROUGHS

        Councillor Pelletier introduced the following Ordinance, which was adopted for first passage by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was recorded as absent.

In the year two thousand and six

An Ordinance to amend an Ordinance relative to drive-throughs

Be it ordained by the City Council of the City of Salem, as follows:

Section 1. Chapter 14, Section 1, shall be amended by inserting the following:


Section 14-1, Drive through facilities

(a)     Definition: Drive through facility a commercial facility which provides a service directly to a motor vehicle or where the customer drives a motor vehicle or where a customer drives a motor vehicle onto the premise and to a window or mechanical device through or by which the customer is served without exiting the vehicle. This shall not include the selling of fuel at a gasoline filling station or the accessory functions of a car wash facility such as vacuum cleaning stations.

(b)     Any drive through facility shall require a special permit by the Salem City Council.

Section 2. This ordinance shall take effect as provided by City Charter.


Councillor Sargent moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.



#504 – CONDUIT ON HARBOR VIEW TERRACE & LAFAYETTE STREET

        A hearing was ordered for July 20, 2006 on the petition of Verizon for a conduit on Harborview Terrace and Lafayette Street.



#505 – SALEM STATE COLLEGE ROAD RACE

        The request of Salem State College to hold a road race and fun walk on Saturday, October 14, 2006 at 9:30 A.M. was granted.




#506 – BLOCK PARTY

        The request for a block party permit on Shore Avenue for July 4, 2006 was granted.








#507 - #510 – LICENSE APPLICATIONS

        The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
        

PUBLIC GUIDE                    Herb Van Dam, 361 Lafayette St., Salem

SECOND HAND
CLOTHING                                Modern Millie, 103 Washington St., Salem

TAG DAY                         S.H.S. Drama Club, November 11, 2006
                                        S.H.S. Marching Band, December 2, 2006


#511 - #514 – CLAIMS

        The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
                
                                Eileen Greene, 11 Lyme St., Salem
                                Gary C. Theriault, 209 Jefferson Ave., Salem
                                George Weil, 204 Jefferson Ave., Salem

SUBROGRATED             Law Offices of O’Keefe & Gale (for Robert Lubas)
                                180 West Central St., Natick



#515 - #516 – BONDS

        The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.

CONSTABLE       James L. Russell, Jr., 126 Highland Ave., Salem

DRAINLAYER      J. Whyman Construction, 451 Broadway, Lynnfield










(#271) – SECOND PASSAGE – ORDINANCE AMENDING INSPECTOR OF ANIMALS

        The matter of second and final passage of an ordinance amending Chapter 8, Section 1, Appointment of Inspector of Animals was referred to the Committee of the Whole.




(#272) - SECOND PASSAGE – ORDINANCE AMENDING HARBORMASTER’S APPOINTMENT

The matter of second and final passage of an ordinance amending Ch. 10, Sec. 4, Harbormaster’s appointment was referred to the Committee of the Whole.




(#273) - SECOND PASSAGE – ORDINANCE AMENDING COMPOSITION OF THE POLICE DEPARTMENT

The matter of second and final passage of an ordinance amending Chapter 31, Section 31-1(b), Composition of the Police Department was referred to the Committee of the Whole.




(#274) - SECOND PASSAGE – ORDINANCE AMENDING POWERS AND DUTIES OF FINANCE DEPARTMENT

The matter of second and final passage of an ordinance amending Chapter 2, Section 494, Powers and Duties of Finance Department was referred to the Committee of the Whole.




(#275) - SECOND PASSAGE – ORDINANCE AMENDING STAFF SUPPORT TO THE APPEALS BOARD

        
The matter of second and final passage of an ordinance amending Chapter 2, Section 114, Staff Support to the Board of Appeals was referred to the Committee of the Whole.




(#276) - SECOND PASSAGE – ORDINANCE AMENDING COUNCIL ON AGING EXECUTIVE DIRECTOR

        The matter of second and final passage of an ordinance amending Chapter 2, Section 836, Council on Aging Executive Director was referred to the Committee of the Whole.




(#277) - SECOND PASSAGE – ORDINANCE AMENDING DIRECTOR OF HEALTH AND INSPECTIONAL SERVICES

The matter of second and final passage of an ordinance amending Chapter 2, Section 115, Director of Health and Inspectional Services was referred to the Committee of the Whole.




(#278) - SECOND PASSAGE – ORDINANCE AMENDING DEPARTMENT OF PUBLIC WORKS, ENGINEERING SERVICES

The matter of second and final passage of an ordinance amending Chapter 2, Article V, Department of Public Works, Engineering Services was referred to the Committee of the Whole.




(#279) - SECOND PASSAGE – ORDINANCE AMENDING RENUMBERING ARTICLE VI

The matter of second and final passage of an ordinance amending Chapter 2, Article VI, Renumbering this Section as Article VII, was referred to the Committee of the Whole.




(#280) - SECOND PASSAGE – ORDINANCE AMENDING PUBLIC PROPERTY

The matter of second and final passage of an ordinance amending Chapter 2, Article IX,  Public Property Section 2-1571 Responsibilities, was referred to the Committee of the Whole.






(#281) - SECOND PASSAGE – ORDINANCE AMENDING DEPARTMENT OF RECREATION AND COMMUNITY SERVICE

The matter of second and final passage of an ordinance amending Chapter 2, Article III, Division 12,  Department of Recreation and Community Service, was referred to the Committee of the Whole.




(#282) - SECOND PASSAGE – ORDINANCE AMENDING PARKS AND RECREATION
The matter of second and final passage of an ordinance amending Chapter 26, Parks and Recreation, was referred to the Committee of the Whole.


Council President Pelletier stated that the Committee of the Whole will meet on Thursday, June 29th, 2006 at 6:00 P.M.


On the motion of Councillor O’Keefe the meeting adjourned at 10:30 P.M.





ATTEST:                                                 CHERYL A. LAPOINTE
                                                                CITY CLERK