A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 12, 2006 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 6, 2006 at 9:36 A.M.
All Councillors were present.
Council President Jean M. Pelletier presided.
Councillor Sosnowski moved to dispense with the reading of the record of the previous meeting. It was so voted.
#722 – APPT. OF VICTORIA SIRIANNI TO THE PLUMMER HOME FOR BOYS TRUSTEES
Mayor’s appointment of Victoria Sirianni to serve as a member of the Plummer Home For Boys Trustees for a term to expire February 1, 2011 was held over to the next meeting of October 28, 2006 under the rules.
#723 – #724 - CONSTABLES
Mayor’s appointment of the following to serve as constables was received and placed on file.
Michael DeCelle 490 Rantoul Street, Beverly term to expire: September 1, 2007
Leonard Fondini 107 Foster St., Peabody term to expire: September 29, 2007
#726 – DONATION FROM RCG LLC. OF SOUND EQUIPMENT
The following Order was received after the deadline of Tuesday noon. Councillor Veno requested and received unanimous consent to suspend the rules to allow the matter to come before the Council.
The following Order recommended by the Mayor, was adopted under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
ORDERED: That the City of Salem accept the donation of the following sound equipment from RCG LLC to be installed and utilized in the public meeting room located within the City Hall Annex building at 120 Washington Street:
· A Fender Passport Deluxe Portable System, with 2 speakers and speaker stands
· A Behringer Mixer
· 4 Shure Performance Gear Microphones and 4 Desktop Tripod Microphone Stands
· 1 Fender Passport Wireless Microphone
· Microphone Cable to connect the System
#726 – TAG DAY
Councillor Lovely introduced the following Order, which was granted.
ORDERED: That the enclosed Tag Day for Salem State Hockey Cheerleading on October 30, 2006 be granted.
#727 – TAG DAY
Councillor Lovely introduced the following Order, which was granted.
ORDERED: That the enclosed Tag Day for Salem State Hockey Cheerleading on October 25, 2006 be granted.
#728 – ELECTION ORDER
Councillor O’Leary introduced the following Order, which was adopted.
CITY OF SALEM
ELECTION WARRANT
STATE ELECTION
October 12, 2006
ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter on Tuesday, November 7, 2006 for the purpose of casting votes in the State Election for the candidates of political parties for the following offices:
SENATOR IN CONGRESS………………… .. FOR THIS COMMONWEALTH
GOVERNOR……………………………………. FOR THIS COMMONWEALTH
LIEUTENANT GOVERNOR……………………FOR THIS COMMONWEALTH
ATTORNEY GENERAL……………………….. FOR THIS COMMONWEALTH
SECRETARY OF STATE……………………....FOR THIS COMMONWEALTH
TREASURER……………………………………...FOR THIS COMMONWEALTH
AUDITOR………………………………………….FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS…………..SIXTH CONGRESSIONAL DISTRICT
COUNCILLOR…………………………………….FIFTH DISTRICT
SENATOR IN GENERAL COURT……………...SECOND ESSEX DISTRICT
REPRESENTATIVE IN GENERAL COURT…...SEVENTH ESSEX DISTRICT
DISTRICT ATTORNEY…………………………..EASTERN DISTRICT
CLERK OF COURTS…………………………….ESSEX COUNTY
REGISTER OF DEEDS………………………….ESSEX SOUTHERN DISTRICT
FURTHER ORDERED: That the following places be and hereby are designated as polling places for said voting:
WARD ONE
PRECINCT ONE Bentley School, Memorial Drive
PRECINCT TWO Recreation Room, 27 Charter Street
WARD TWO
PRECINCT ONE Carlton School, 10 Skerry Street
PRECINCT TWO Recreation Room, Salem Heights, Pope St.
WARD THREE
PRECINCT ONE Council on Aging, 5 Broad Street
PRECINCT TWO Ste. Anne’s School, 9 Cleveland Street
WARD FOUR
PRECINCT ONE Community Room, Colonial Terrace
PRECINCT TWO Princeton Crossing, Heritage Drive
WARD FIVE
PRECINCT ONE Temple Shalom, 287 Lafayette Street
PRECINCT TWO Community Room, Pioneer Terrace
WARD SIX
PRECINCT ONE Bates School, Liberty Hill Avenue
PRECINCT TWO Mack Park, Tremont Street
WARD SEVEN
PRECINCT ONE Fire Station, 64 Loring Avenue
PRECINCT TWO Salem State Gymnasium, Harrison Road
FURTHER ORDERED: That the polls for said voting be opened at 7:00 A.M. and closed at 8:00 P.M. and that the City Clerk be instructed to post this notice as required by law.
#729 – POSSIBLE USE OF MACK PARK FOR VARIOUS VETERANS GROUPS
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That representatives of the Veterans Council have requested to meet with the Park and Recreation Commission and the Committee on Government Services co-posted with the Committee of the Whole to discuss the possible use of the building at Mack Park by each Veterans Service Organization that does not have their own building.
#730 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, BENTLEY STREET
Councillor Corchado introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicapped Zones, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Bentley Street, easterly side, across from #6 for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#731 – INCREASE OF POLICE PATROL FOR HALLOWEEN
Councillor O’Leary introduced the following Order, which was adopted.
ORDER: That the Police Department increase patrols in the Witchcraft Heights area and throughout the City on Halloween.
#732 – CITY COUNCIL MEETINGS FOR MONTHS OF NOVEMBER AND DECEMBER
Councillor O’Leary introduced the following Order, which was adopted.
ORDER: That the regular meetings of the City Council for the months of November and December 2006, be held on the following dates:
Thursday, November 16, 2006 and Thursday, December 7, 2006
#733 - (#716 - #718) – 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 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.
TAG DAY DAV Chapter, October 18-20, 2006
Salem High School Cross Country, October 26 & 29, 2006
VFW Witch City Post 1524, November 8, 9, 10 & 12, 2006
#734 – (#582 - #734) – ORDINANCE RELATIVE TO IMITATION FIRE ARMS
Councillor Lovely introduced the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an Ordinance relative to Imitation Fire Arms, has considered said matter and would recommend that it be adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Offenses and Miscellaneous Offenses
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24, Offenses and Miscellaneous Offense is hereby amended by adding a new section as follows:
Section 24-26. Imitation Fire Arms
(a) Definitions.
For the purpose of this section, “imitation firearm” means (1) any nonfunctional imitation of an original firearm which was manufactured, designed and produced since 1898, or (2) any nonfunctional representation of a firearm other than an imitation of an original firearm, provided such representation could reasonably be perceived to be a real firearm. Such term does not include any look-a-like, non-firing, collector replica of an antique firearm developed
prior to 1898, or traditional BB or pellet-firing air gun that expels a metallic or paint-contained projectile through the force of air pressure.
(b) Restrictions.
(1) No person shall give, offer for sale or sell any imitation firearm. The provisions of this subsection shall not apply to any imitation firearm, which, because of its distinct color, exaggerated size or other design feature, cannot reasonable be perceived to be a real firearm.
(2) No person shall draw, exhibit or brandish a facsimile of a firearm in a public place for the purpose of intimidation or engaging in criminal activity or simulate a firearm in the presence of a peace officer, firefighter, emergency medical technician or paramedic engaged in the performance of his duties knowing or having reason to know that such peace officer, firefighter, emergency medical technician or paramedic is engaged in the performance of such duties.
(3) No person shall alter, remove, modify, paint or conceal from an imitation firearm any feature as required by 15 USC Sec.5001 that distinguishes it from a real firearm.
(4) Nothing in this article shall prevent carrying or display of a replica gun by a person involved in a living history presentation or other activity for historical interpretation or educational purposes, or by a person participating in a parade if such activity or parade participant is associated with an established historical organization, museum, military preservation organization, or other group with a mission to educate the public at various events through the use of historical artifacts, clothing, vehicles, aircraft, maritime vessels, and firearms or replicas thereof.
(c) Violation – Penalty.
(1) Any person violating subsection (b) shall also be in violation of subsection (d) and shall be guilty of a misdemeanor, which shall be punishable of imprisonment not exceeding 30 days and a fine not exceeding $500.00.
(2) Any person violating subsection (c) shall also be in violation of subsection (d) and shall be guilty of a misdemeanor, which shall be punishable of imprisonment not exceeding 1 year and a fine not exceeding $1,000.00.
Section 2. This Ordinance shall take effect as provided by City Charter.
#735 – (#361) – RENEWABLE ENERGY TASK FORCE
Councillor O’Leary introduced the following report for the Committee on Administration and Finance. It was voted to accept the report and the recommendation.
The Committee on Administration and Finance to whom was referred the matter of the Mayor in accordance with the Massachusetts General Law Chapter 40, Section 81, establish a Renewable Energy Task Force, has considered said matter and would recommend approval. It was so voted.
#736 – #736A - ZONING ORDINANCE FOR ADULT ZONES
Councillor Lovely introduced the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of amending Zoning by creating an Ordinance for Adult Entertainment, has considered said matter and would recommend that the matter be 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 an Ordinance relative to special permit uses within the Industrial Zone
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section VII of the Salem Zoning Ordinance is hereby amended by adding the following new section:
Section 7-23 Adult Entertainment
A. Preamble
In the research and development of this Ordinance, the City Council has recognized that
there are some uses which, because of their very nature, create substantial, adverse
secondary effects upon the surrounding neighborhoods, particularly when several such
uses are concentrated within a given area. These findings are based on a study conducted
by a committee comprised of members of the City Council, the City Solicitor, Planning
Department, Licensing Board and the Police Department and a copy of the study is on
file in the City Clerk’s office. For the purpose of this preamble, we will collectively refer
to such uses as "adult entertainment activities"; the said uses are further defined in the
body of this Ordinance. Such substantial, adverse secondary effects include, but are not
limited to: the negative impact which adult entertainment activities have on economic
development and revitalization, their tendency to decrease property values, thereby
limiting tax revenues; the impediment thereby created to economic activity; their
tendency to attract and encourage criminal activity; their tendency to proliferate, and to
encourage the proliferation of illegal, sex-related activities; their damaging impact on the
character of the surrounding neighborhoods, and upon the safety and well-being, and
upon the feelings of safety and well-being, of the residents and their minor children; and
the increased costs associated with maintaining and patrolling these areas. As such, the
City of Salem desires to protect residential lands from encroachment by commercial adult
entertainment uses and to ensure and promote the City's image as a safe, pleasant, family
friendly, diverse and attractive place to live and work. In connection with these efforts,
the City seeks to protect, preserve and enhance the historical character which is unique to the City in terms of residential dwellings, businesses, landmarks and community events. The primary purpose of the City Council in developing and enacting this Ordinance is to
alleviate and minimize the aforesaid substantial, adverse secondary effects, by preventing
the sort of concentration of these uses within any given area which typically gives rise to
the same. Accordingly, the City Council hereby declares and decrees as follows:
B. Adult Entertainment Activities Restricted. Generally
Notwithstanding any other provision of the Zoning Ordinance of the City of Salem which
may be to the contrary, and notwithstanding any other provision of the City Code of the
City of Salem which may be to the contrary, no business establishment of any nature and
description whatsoever shall perform, provide, or allow, permit or suffer to be performed
or provided, any adult entertainment activities, as hereinafter defined, except by leave of
a Special Permit as described hereinafter; and no such Special Permit shall be issued
except pursuant to the provisions of this Ordinance.
C. Special Permit for Adult Entertainment Activities
(1) A Special Permit for adult entertainment activities may be issued only by the Zoning
Board of Appeal and only pursuant to, and in accordance with, the provisions of this
Ordinance.
(2) The Zoning Board of Appeal may by Special Permit allow adult entertainment
activities only in the Industrial District.
(3) No adult entertainment activities shall be permitted within five hundred (500') lineal
feet of any residential district or any residential use.
(4) No adult entertainment activities shall be permitted within one thousand (1000') lineal
feet of any School.
(5) No adult entertainment activities shall be permitted within one thousand (1000') lineal
feet of any city park.
(6) No adult entertainment activities shall be permitted within hundred (500’) lineal feet of any residential district or any residential use.
(7) No adult entertainment activities shall be permitted within five hundred (500') lineal
feet of any other business establishment which has obtained a Special Permit for adult
entertainment activities
(8) No adult entertainment activities shall be permitted within five hundred (500') lineal
feet of any establishment licensed under the provisions of G.L.c. 138, Sec. 12.
(9) No Special Permit for adult entertainment activities shall be issued to any person
convicted of crimes against minors including the provisions of G.L.c. 119, Sec. 63
and/or crimes against chastity, morality, decency and good order, specifically G.L.c.
272, Sections 2, 3, 4A, 4B, 6, 7, 8, 12, 13 and 28.
(10) For the purpose of determining compliance with items (3) - (8) hereinabove,
measurements shall be made from the boundary line of the lot or parcel upon which
the proposed adult entertainment activities are to occur which is nearest to the
affected residential district, residential use, or business establishment, as the case may
be, to the boundary line of the affected residential district, residential use, or business
establishment, as the case may be, which is nearest to the lot or parcel upon which the
proposed adult entertainment activities are to occur.
(11) A Special Permit for adult entertainment activities shall expire one year from the
date of issuance, unless sooner revoked for cause as provided herein below, and may
be renewed only upon application in accordance with the provisions of this
Ordinance.
(12) If substantial use of any Special Permit issued for adult entertainment activities
has not commenced within one (1) year of the issuance of such Special Permit, or
within one (1) year of such time as may be required to pursue and await the results of
an appeal, if such appeal be taken, such Special Permit shall lapse and shall be null
and void. As used in this provision, "substantial use" has the meaning defined in
G.L.c. 40A, Sec. 9 and the judicial decisions construing the same.
D. Applications
(1) All applications for a Special Permit shall be submitted to the Zoning Board of
Appeal in the name of the person or entity proposing to conduct an adult
entertainment activity on the business premises and shall be signed by such person
and certified as true under penalty of perjury. An original and four (4) copies of the
complete application, including all supporting materials, as described hereinbelow,
shall be filed. All applications shall be submitted on a form supplied by the city,
which shall require the following information:
(a) For each applicant: Name, any aliases or previous names, driver's license number,
if any, social security number if any, and business, mailing, and residential
address, and business telephone number.
(b) If a partnership, whether general or limited; and if a corporation: date and place of
incorporation, evidence that it is in good standing under the laws of
Massachusetts, and name and address of any registered agent for service of
process.
(c) Whether the applicant or any partner, corporate officer, or director of the
applicant, holds any other licenses under this Ordinance or any license for similar
adult entertainment or sexually oriented business, including motion picture
theaters and panoramas, from the city or another city, county or state, and if so,
the names and addresses of each other licensed business.
(d) A summary of the business history of the applicant in owning or operating the
adult entertainment or other sexually oriented businesses, providing names,
addresses and dates of operation for such businesses, and whether any business
license or adult entertainment license has been revoked or suspended, and the
reason therefore.
(e) For the applicant or any partner, corporate officer, or director of the applicant: any and all criminal convictions or forfeitures within five years immediately
preceding the date of the application, other than parking defenses or minor traffic
infractions including the dates of conviction, nature of the crime, name and
location of court and disposition.
(f) For the applicant or any partner, corporate officer, or director of the applicant: a
description of business, occupation or employment history for the three years
immediately preceding the date of the application.
(g) Authorization for the city, its agents and employees to seek information to
confirm any statements set forth in the application.
(h) The location and doing-business-as name of the proposed adult entertainment
activity, including a legal description of the property, street address, and
telephone number, together with the name and address of each owner and lessee
of the property.
(i) A blueprint showing the configuration of the premises for the proposed adult
entertainment activity, including a statement of the total floor space occupied by
the business, and marked dimensions of the interior of the premises. Performance
areas, seating areas, manager's office and stations, restrooms and service areas
shall be clearly marked on the drawing.
(j) A site plan showing that the premises upon which the adult entertainment
activities are to be performed are not within one thousand (1000') lineal feet of
any school, one thousand (1000') lineal feet of any park, five hundred (500') lineal
feet of any residential district or any residential use, five hundred (500') lineal feet
of any other business establishment which has obtained a Special Permit for adult
entertainment activities, and/or five hundred (500') lineal feet of any establishment licensed under the provisions of G.L.c. 138, Sec. 12.
(2) An application shall be deemed complete upon the applicant's provision of all information requested above, including identification of "none" where that is the correct response, and the applicant's verification that the application is complete. The Board may request other information or clarification in addition to that provided in a complete application where necessary to determine compliance with this chapter.
(3) A nonrefundable application fee in the amount of __________ must be paid at the
time of filing an application in order to defray the costs of processing the application.
(4) Each applicant shall verify, under penalty of perjury that the information contained in
the application is true.
(5) If any person or entity acquires, subsequent to the issuance of a Special Permit, a
significant interest based on responsibility for management or operation of the
licensed premises or the licensed business, notice of such acquisition shall be
provided in writing to the Zoning Board of Appeal, no later than 21 days following
such acquisition. The notice required shall include the information required for the
original Special Permit application.
(6) The Special Permit, if granted, shall state on its face the name of the person or
persons to whom it is issued, the expiration date, the doing-business-as name and the
address of the licensed adult entertainment activity. The permit shall be posted in a
conspicuous place at or near the entrance to the adult entertainment activity so that it
can be easily read at any time the business is open.
(7) No person granted a Special Permit pursuant to this chapter shall operate the adult
entertainment activity under a name not specified on the license, nor shall any person
operate an adult entertainment activity under any designation or at any location not
specified on the license.
(8) Upon receipt of the complete application and fee, the clerk shall provide copies to the police, fire, and health departments, and to the Building Inspector, for their investigation
and review to determine compliance of the proposed adult entertainment activity with the
laws and regulations which each department administers. Each department shall, within
30 days of the date of such application, inspect the application and premises and shall
make a written report to the clerk whether such application and premises comply with
the laws administered by each department. No Special Permit may be issued unless each
department reports that the application and premises comply with the relevant laws. In
the event the premises are not yet constructed, the departments shall base their
recommendation as to premises compliance on their review of the drawings submitted in
the application. Any Special Permit approved prior to premises construction shall
contain a condition that the premises may not open for business until the premises have
been inspected and application. A department shall recommend denial of a Special
Permit under this subsection if it finds that the proposed adult entertainment activity is
not in conformance with the requirements of this chapter or other law in effect in the
city. A recommendation for denial shall cite the specific reason therefore, including
reference to all applicable laws.
(9) A Special Permit shall only be issued following a public hearing held within sixty-
five (65) days after filing of an application with the Zoning Board of Appeal.
(10) The Zoning Board of Appeal shall act within ninety days following a public hearing
for which notice has been given by publication or posting as provided in G.L.c. 40A,
Sec. 11, and by mailing to all parties in interest. Failure by the Board to take final action upon an application for a Special Permit within said ninety days following the date of public
hearing shall be deemed to be a grant of the permit applied for. Approval of a Special
Permit shall require a favorable vote by two-thirds of the Board.
(11) Any existing adult bookstore, adult motion picture theater, adult paraphernalia
store or establishment which displays live nudity for its patrons, or adult video store shall
apply for such Special Permit within ninety days following the adoption of this
Ordinance.
(12) Any renewal of a Special Permit issued under the provisions of this Ordinance will
comply with all of the requirements applicable to an original application.
E. Regulation of Adult Entertainment Activities
(1) No sign or other matter or visual material, of any nature whatsoever, which is visible
from the street or from any other external vantage point, shall contain any
photographs, silhouettes, pictorial representations, or language, depicting or in any
manner referencing any adult paraphernalia, nudity, or sexual excitement.
(2) Admission to the premises must be restricted to persons eighteen (18) years of age or
older, and if the establishment is licensed to serve alcoholic beverages, admission
must be restricted to persons twenty-one (21) years of age or older.
(3) Sufficient lighting shall be provided and equally distributed throughout the public
areas of the premises so that all objects are plainly visible at all times. A minimum
lighting level of 30 lux horizontal, measured at 30 inches from the floor and on 10-
foot centers is hereby established for all areas of the adult cabaret where members of
the public are admitted.
(4) A managerial employee shall be on duty on the premises at all times that such
premises are open to the public. The name of the managerial employee shall be
prominently posted during business hours. Such managerial employee shall be
responsible for compliance with the provisions of this Ordinance and any and all
other, applicable ordinances or provisions of law.
(5) No member of the public shall be permitted at any time to enter into any of the
nonpublic portions of the establishment, with the exception that persons delivering
goods and materials, food and beverages, or performing maintenance or repairs to
the premises or to equipment on the premises, may be permitted into nonpublic areas to the extent required to perform their said jobs or duties.
(6) No establishment shall permit, suffer or tolerate the solicitation and/or performance of prostitution, unlawful distribution and/or use of controlled substances, and/or other illegal activities, by any of its employees or patrons, or by any other person on the premises. Such”other illegal activities” include, but are not limited to, any adult entertainment activities which are not included within the establishment’s Special Permit.
(7) Record keeping Requirements:
(a) All papers, records, and things, required to be kept, pursuant to this Ordinance,
or to any other provision of law, shall be open to inspection without notice by
the City and its agents during the hours when the premises are open for
business. The purpose of such inspections shall be to determine whether the
papers, records, and things meet the requirements of this Ordinance and/or any
other provision of law.
(b) Each establishment shall maintain and retain for a period of two years the
name, address, and age of each person employed or otherwise retained or
allowed to perform on the premises as an adult entertainer, including independent contractors and their employees, as an entertainer. This information shall be open to inspection by the City and its agents, without prior notice, during hours of operation of the business.
(8) Inspections. In order to insure compliance with this Ordinance all areas of the premises, which are open to members of the public shall be open to inspection by City and its agents, without prior notice, during the hours when the premises are open for business. The purpose of such inspections shall be to determine if the premises are operated in accordance with the requirements of this Ordinance. It is hereby expressly declared that unannounced inspections are necessary to insure compliance with this Ordinance.
F. Suspension or Revocation of Special Permit: Other Remedies
Upon notice and a hearing as provided by applicable law, the Zoning Board of Appeal may suspend or revoke any Special Permit issued under the provisions of this
Ordinance, upon a finding, supported by a preponderance of the evidence, of anyone
(1) or more of the following:
(a) that the applicant has failed to meet anyone or more of the requirements of
this Ordinance, or no longer meets anyone or more of the requirements of this
Ordinance, or that the applicant has made a false, misleading or fraudulent
statement of material fact on the application for the Special Permit;
(b) that the applicant or the establishment is in violation of anyone of more
provisions of this Ordinance; and/or
(c) that the applicant or the establishment in violation of anyone or more provisions of any other law governing the operation of the business of the establishment, including, but not limited to, any law, rule or regulation pertaining to the service of alcoholic beverages upon the premises, or to the licensure therefor.
(2) Public Nuisance. Any adult entertainment activity operated, conducted, maintained,
permitted or suffered in violation of this Ordinance or any other applicable provision
of law shall be, and the same is, declared to be unlawful and a public nuisance. The
city attorney may, in addition to or in lieu of any other remedies set forth in this
Ordinance, commence an action to enjoin, remove or abate such nuisance in the
manner provided by law and shall take such other steps and apply to such court or
courts as may have jurisdiction to grant such relief as will abate or remove such
public nuisance, and restrain and enjoin any person from operating, conducting or
maintaining an adult entertainment activity contrary to the provisions of this Ordinance or any other applicable provision of law.
(3) Additional Remedies. The remedies prescribed in this Ordinance are not exclusive,
and the City may seek any other relief, civil and/or criminal, that the law provides for
any violation of such ordinances.
G. Miscellaneous
(1) Nothing contained herein shall be construed as limiting the power and authority of the
City to otherwise regulate the use of land, structures or buildings in accordance with
other Ordinances or provisions of the Massachusetts General Laws.
(2) Severability, If any section, subsection, paragraph, sentence, clause, phrase or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
independent provision, and such holding shall not effect the validity of the remaining
portions of this Ordinance.”
Section II. Amend Section 5-3 (h)(2) of the Zoning Ordinance by adding the following
new phrase at the end of the first sentence: “and adult entertainment uses subject to the
restrictions specified in Section 7-23.”
Section III. Amend Article II, Section 2-2(b) Definitions by inserting the following new
definitions in alphabetical order:
“Adult bookstore: an establishment having as a substantial or significant portion of its
stock in trade, books, magazines, and other matter which are distinguished or
characterized by their emphasis depicting, describing, or relating to sexual conduct or
sexual excitement as defined herein.
Adult entertainment activities: adult bookstore, adult motion picture theatre, adult paraphernalia store, adult video store, establishment which displays live nudity for its patrons.
Adult motion picture theatre: an enclosed building used for presenting material distinguished by an emphasis on matter depicting, describing, or relating to sexual conduct or sexual excitement as defined herein.
Adult paraphernalia store: an establishment having as a substantial or significant
portion of its stock devices, objects, tools, or toys which are distinguished or
characterized by their association with sexual activity, including sexual conduct or sexual
excitement as defined herein.
Adult video store: an establishment having as a substantial or significant portion of its stock in trade, videos, movies, or other film material which are distinguished or characterized by their emphasis depicting, describing, or relating to sexual conduct or sexual excitement as defined herein.
Establishment which displays live nudity for its patrons: any establishment which provides live entertainment for its patrons, which includes the display of nudity, as that term is defined herein.
Matter: any printed material, visual representation, live performance or sound recording including but not limited to, books, magazines, motion picture films, pamphlets, phonographic records, pictures, photographs, figures, statues, plays, dances.
Nudity: uncovered or less than opaquely covered human genitals, pubic areas, the human female breast below a point immediately above the top of the areola, or the covered male genitals in a discernibly turgid state. For purposes of this definition, a female breast is considered uncovered if the nipple or areola only are covered.
Performance: any play, dance, exhibit, or activity performed before one or more
persons.
Sexual conduct: human masturbation, sexual intercourse, actual or simulated, normal
or perverted. any lewd exhibitions of the genitals, flagellation or torture in the context of
a sexual relationship, any lewd touching of the genitals, pubic areas or buttocks of the
human male or female, or the breasts of the female, whether alone or between members
of the same or opposite sex or between humans and animals, and any depiction or
representation of excretory functions in the context of a sexual relationship. Sexual
intercourse is simulated when it depicts explicit sexual intercourse which gives the
appearance of the consummation of sexual intercourse, normal or perverted.
Sexual excitement: the condition of human male or female genitals or the breasts of the
female while in a state of sexual stimulation or the sensual experiences of humans
engaging in or witnessing sexual conduct or nudity.
Substantial or significant portion: a use or activity accounting for more than twenty
(20%) percent of anyone or more of the following: stock-in-trade, display space, floor
space, or viewing time, movie display time, or entertainment time, all of the foregoing
being measured on a per-month basis.
Visual material: any motion picture film, picture, photograph, videotape, any book,
magazine, or pamphlet that contains pictures, photographs or similar visual
representations or reproductions. Undeveloped photographs, pictures, motion picture
films, videotapes and similar visual representations or reproductions may be visual
materials notwithstanding that processing, development or similar acts may be required to
make the contents thereof apparent.”
Section IV. This Ordinance shall take effect as provided by City Charter.
#737 – ORDINANCE RELATIVE TO DRIVE-THROUGH FACILITIES
Councillor Lovely introduced the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an Ordinance amending Zoning relative to Drive-Through Facilities has considered said matter and would recommend that the matter be referred to the full Council with no recommendation and for further discussion. (Amended version of Ordinance was before the Council submitted by the Committee #2)
Councillor Lovely requested and received unanimous consent to suspend the rules to allow the City Solicitor Elizabeth Rennard to Speak.
Councillor Blair amended section 7.7 be deleted in it’s entirety. Adopted by roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Blair, Lovely, O’Keefe, O’Leary, Prevey, Sargent, Sosnowski and Veno were recorded as voting in the affirmative. Councillors Corchado, Furey and Pelletier were recorded as voting in the negative.
Councillor Blair moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor O’Keefe amended section 7-8 and renumber as 7.7. It was so voted.
Councillor Veno amended section 7 renumber as 8 and section 8 renumber as 9. It was so voted.
Councillor Sargent amended section 6.12, 5th line after resident, maximum bonus of 10% reduction may be allowed from previous distances. The amendment was not adopted by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Lovely, O’Keefe, O’Leary, Sargent and Sosnowski
were recorded as voting in the affirmative. Councillors Blair, Corchado, Furey, Prevey, Veno and Pelletier were recorded as voting in the negative.
Councillor Blair moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Sosnowski amended to add 6.17 any fast food drive-through asking to operate beyond 11:00 P.M. to 7:00 A.M. must come before the City Council for approval as in Ordinance Chapter 14-228. Adopted by roll call vote of 10 yeas, 1 nay, 0 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 voting in the negative.
Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Councillor Lovely moved that the Ordinance be adopted for first passage as amended. It was adopted as amended for first passage by roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Blair, Corchado, Lovely, O’Keefe, O’Leary, Prevey, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillors Furey and Sargent were recorded as voting in the negative.
Councillor Blair moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
Adopted as amended as follows:
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 application for 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 SP SP SP N
Facilities –
Fast Food
Drive-through N N N N N SP SP SP SP SP*
Facilities – other
N Not allowed
SP Special Permit
SP* Special Permit – Minimum 1.5 acres required
4.Site Plan Review
Any proposed drive-through facility shall be subject to Site Plan Review in accordance with the requirements as set forth in Article VII, Section 7-18 of this Ordinance.
5. Traffic Impact Study:
5.1 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.
5.2 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. The SPGA must determine that the mitigation is satisfactory.
6. Standards:
6.1 There must be a minimum of 200 feet between curb cuts, unless reduced by the SPGA in those instances when the reduction may be granted without detriment to the public good and without substantially derogating from the intent and purpose of this Ordinance.
6.2 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 increased by the SPGA.
6.3 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.
6.4 A system of joint use driveways and cross access easements shall be established wherever feasible and the proposed development shall incorporate the following:
6.4.1 A Service drive or cross access corridor extending the width of the parcel.
6.4.2 Sufficient width to accommodate two-way travel lanes.
6.4.3 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.
6.5 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%.
6.6 Drive-through facilities – Fast Food 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 within the site.
6.7 Drive-Through Facilities – Other: Number of stacking spaces to be at the discretion of the SPGA.
6.8 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.
6.9 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.
6.10 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.
6.11 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.
6.12 Any outdoor service facilities (including service lane, menu boards, speakers, etc.) for Drive-Through Facilities – Fast Food shall be a minimum of two hundred (200) feet from the property line of a residential use. Any outdoor service facilities (including service lane, menu boards, speakers, etc.) for Drive-Through Facilities – Other shall be a minimum of fifty (50) feet from the property line of a residential use. For any drive through facility, a landscaped buffer and solid wooden panel fence must be provided along side and rear yards directly adjacent to residential uses to screen
the abutting residential use. The landscaped buffer must be a minimum of twenty (20) feet.
6.13 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.
6.14 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.
6.15 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.
6.16 Noise levels generated by all operations, including but not limited to noise emanating from speakers from the resultant establishment(s), shall not increase the broadband sound level by more than 10dB(A) above the ambient levels measured at the property line by the Board of Health or its designee.
6.17 Any Drive-Through – Fast Food business asking to operate between the hours of 11:00 P.M. and 6:00 A.M. must come before the City Council for approval pursuant to City Ordinance Chapter 14, Section 14-228.
7. Compliance:
7.1 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.
7.2 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.
7.3 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.
7.4 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 pursuant to all requirements of this Ordinance.
7.5 The Special Permit Granting Authority (SPGA) may, in appropriate cases as it determines, impose further restrictions upon the development or parts thereof as a condition to granting the approval.
7.6 Violation of any such conditions and safeguards as are made a part of the terms under which the special permit is granted shall be deemed violation of the Zoning
Ordinance and shall be subject to action according to Section 9-2 of the Zoning Ordinance.
8. 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 40A of the Massachusetts General Laws.
9. 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:
“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 for example, the selling of fuel at a motor fuel facility, quick change
oil automotive service stations 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.
Level of Service:
A measure from A (best) to F (worst) describing conditions within a traffic stream, as the term is used by transportation engineers.
Joint Access (or Shared Access):
A driveway connecting two or more contiguous sites to the public/private street system.
Stacking Lane:
An area of stacking spaces and driving lane provided for vehicles waiting for 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.
#738 – (#459) – BIKE PATH IN SOUTH SALEM
Councillor Sosnowski introduced the following report for the Committee on Community and Economic Development. It was voted to accept the report and the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of a Bike Path in South Salem on Canal Street, has considered said matter and would recommend that it be discharged from Committee with no recommendation.
#739 – (#701 – #706) TRAFFIC STUDIES
Councillor Sosnowski introduced the following report for the Committee on Community and Economic Development. It was voted to accept the report and the recommendation.
The Committee on Community and Economic Development to whom was referred the matter of a Comprehensive Traffic Study and CTSP Downtown Traffic Study, has considered said matter and would recommend that a joint meeting be posted with the Committee of the Whole and that a representative from Planning, Mayor, Police Traffic and City Engineer be invited.
#740 – (#748 of 2004) - ISSUE OF PLASTIC ON WALL AT 135 ESSEX STREET
Councillor Sosnowski introduced the following report for the Committee on Community and Economic Development. It was voted to accept the report and the recommendation.
The Committee on Community and Economic Development to whom was referred the following matter, has considered said matter and would recommend that a meeting be scheduled and the following be invited, Representative of PEM, City Solicitor, Salem Redevelopment Authority and the owner of 135 Essex Street.
#741 – (#797) – OCTOBER MOTORCYCLE RUN
Councillor Corchado introduced the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and the recommendation.
The Committee on Public Health Safety and Environment to whom was referred the following matter of the October Motorcycle run into Salem, has considered said matter and would recommend that the matter be discharged from Committee with no recommendation.
#742 – (#499, 585, 587, 124, 366) – SEVERAL MATTERS IN COMMITEE
Councillor Corchado introduced the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and the recommendation.
The Committee on Public Health Safety and Environment to whom was referred the following matters High bacterial contamination from storm water, Transfer Station pending cleanup and oversight by DEP, Reservoir in Topsfield, Maintenance of seawalls and instituting and enforcing a youth curfew, has considered said matters and would recommend that the matters remain in Committee.
#743 – (#405, 423) – EMERGENCY DISPENSING SITE PLAN & PRE-DISASTER MITIGATION PLAN FOR FEMA GRANT ASSISTANCE
Councillor Corchado introduced the following report for the Committee on Public Health, Safety and Environment. It was voted to accept the report and the recommendation.
The Committee on Public Health Safety and Environment to whom was referred the following matters Emergency Dispensing Site Plan and Pre-disaster Mitigation Plan for FEMA Grant Assistance, has considered said matters and would recommend that the matters remain in Committee.
#744 - #744A – CONTAMINATION OF SITES NEAR WATER SUPPLY
Councillor Sosnowski introduced the following Order which was adopted.
ORDERED: That the enclosed reports regarding contamination of sites near the water supply be referred to the Committee of the Whole.
#745 - (#624) – DOR FINANCIAL REVIEW
Councillor O’Leary introduced the following report for the Committee of the Whole. It was voted to accept the report and the recommendation
The Committee of the Whole to whom was referred the matter of the DOR Financial Review, has considered said matters and would recommend that the matter remain in Committee.
#746 – 746A – PROPOSED AMENDED ORDINANCE RELATIVE TO AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES
A communication from City Solicitor Elizabeth Rennard regarding a proposed Ordinance amendment relative to Affordable Housing Trust Fund Board of Trustees was adopted for first passage. Councillor O’Leary and Sosnowski were recorded as opposed.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to Boards, Commissions, Committees and Authorities
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Article IV Boards, Commissions, Committees and Authorities is hereby amended by adding a new Division as follows:
“Division 14. Affordable Housing Trust Fund Board of Trustees”
Sec. 2-1000. Established.
The Affordable Housing Trust Fund Board of Trustees is established.
Sec. 2-1001. Composition
The Affordable Housing Trust Fund Board of Trustees shall be composed of twelve trustees, including the Mayor and two members of the City Council.
Sec. 2-1002. Appointment of Trustees; Term; Vacancies
The Mayor shall serve as a trustee and appoint annually in January, subject to confirmation by the City Council, four trustees who shall serve for a term of one year and appoint biennially, subject to confirmation by the City Council, four trustees who shall serve for a term of two years. The City Council shall annually elect two members of the City Council to serve for a term of one year. The City Council President or his or her designee shall serve for a term of one year. No trustee, excluding the Mayor, shall serve for a term exceeding two years. If a vacancy shall occur among the trustees, it shall be filled in the same manner as the original appointment for the unexpired term.
Sec. 2-1003. Compensation.
The trustees shall serve without compensation.
Sec. 2-1004. Removal.
Trustees may be removed by a majority of the City Council, subject to approval of the Mayor.
Sec. 2-1005. Powers and Duties.
The trustees shall administer an Affordable Housing Trust Fund to provide for the creation and preservation of affordable housing within the City of Salem for the benefit of low to moderate income households.
The specific powers and duties of the trustees, all of which shall be carried on in furtherance of the purposes set forth in this ordinance, are as follows:
(1) to accept and receive property, whether real or personal, by gift, grant, devise, or transfer from any person, firm, corporation or other public or private entity, including without limitation grants of funds or other property tendered to the trust in connection with provisions of any zoning ordinance or by-law or any other ordinance or by-law;
(2) to purchase and retain real or personal property, including without restriction investments that yield a high rate of income or no income;
(3) to sell, lease, exchange, transfer or convey any personal, mixed, or real property at public auction or by private contract for such consideration and on such terms as to credit or otherwise, and to make such contracts and enter into such undertaking relative to trust property as the board deems advisable notwithstanding the length of any such lease or contract;
(4) to execute, acknowledge and deliver deeds, assignments, transfer, pledges, leases, covenants, contracts, promissory notes, releases and other instruments sealed or unsealed, necessary, proper or incident to any transaction in which the board engages for the accomplishment of the purposes of the trust;
(5) to employ advisors and agents, such as accountants, appraisers and lawyers as the board deems necessary;
(6) to pay reasonable compensation and expenses to all advisors and agents and to apportion such compensation between income and principal as the board deems advisable;
(7) to apportion receipts and charges between income and principal as the board deems advisable; to amortize premiums and establish sinking funds for such purpose, and to create reserves for depreciation depletion or otherwise;
(8) to participate in any reorganization, recapitalization, merger or similar transactions; and to give proxies or powers of attorney with or without power of substitution to vote any securities or certificates of interest; and to consent to any contract, lease, mortgage, purchase or sale of property, be or between any corporation and any other corporation or person;
(9) to deposit any security with any protective reorganization committee, and to delegate to such committee such powers and authority with relation thereto as the board may deem proper and to pay, out of trust property, such portion of expenses and compensation of such committee as the board may deem necessary and appropriate;
(10) to carry property for accounting purposes other than acquisition date values;
(11) to borrow money on such terms and conditions and from such sources as the board deems advisable, to mortgage and pledge trust assets as collateral;
(12) to make distributions or divisions of principal in kind;
(13) to comprise, attribute, defend, enforce, release, settle or otherwise adjust claims in favor or against the trust, including claims for taxes, and to accept any property, either in total or partial satisfaction of any indebtedness or other obligation, and subject to the provisions of this act, to continue to hold the same for such period of time as the board may deem appropriate;
(14) to manage or improve real property; and to abandon any property which the board determined not to be worth retaining;
(15) to hold all or part of the trust property uninvested for such purposes and for such time as the board may deem appropriate; and
(16) to extend the time for payment of any obligation to the trust.
The powers and duties enumerated above are intended to encompass all powers and duties of the trustees. Any action, power or duty not enumerated above shall require prior approval of the city council.
Sec. 2-1006 Records; Annual Report.
The trustees shall keep a record of its doings and at the close of every fiscal year make a report thereof to the City Council. The report shall include a description and source of funds received and expended and the type of affordable housing programs or properties assisted with the funding. The trustees shall also provide the City Council with a copy of the trust’s annual audit.
State law reference: M.G.L.A. c. 44, s 55C.
Secton 2. This Ordinance shall take effect as provided by City Charter.
#747 - #750 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY S.S.C. Hockey Cheerleading, November 16, 2006
S.H.S. Winter Track, January 13, 2007 & February 10, 2007
S.H.S. Boys Spring Track, March 17, 2007 & April 7, 2007
TAXI OPERATOR William F. Gromko III, 4 County St., Peabody
Frederic W. Hutchinson, 15 Robinson Rd., Salem
#751 – CLAIMS
The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.
Commerce Insurance (for James J. Corbett), 11 Gore Rd., Webster
#752 - #753 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Micheal D. Decelle, 490 Rantoul St., Beverly
Leonard Fondini, 107 Foster St., Peabody
(#701) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, OBEDIENCE TO STOP SIGNS, PICKMAN ROAD
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 49, Obedience to Stop Signs, was then taken up. The Ordinance was adopted for second and final passage.
(#702) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, FOSTER STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 75, Resident Sticker Parking to include #8 Foster Street, was then taken up. The Ordinance was adopted for second and final passage.
(#703) – SECOND PASSAGE – ORDINANCE AMENDING TRAFFIC, RESIDENT STICKER PARKING, WISTERIA STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 75, Resident Sticker Parking, Wisteria Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:35 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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