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A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
May 24, 2007 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on May 18, 2007 at 8:56 a.M.
Councillor Furey arrived at 7:20 P.M.
Council President Matthew Veno presided.
Councillor O’Leary moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Veno requested that everyone please rise to recite the Pledge of Allegiance.
#344 – ORDER OF NATIONAL GRID FOR CONDUITS
A hearing was held on the Order of National Grid for conduits on addressStreetCanal St. (2), addressStreetJefferson Ave. (9), addressStreetMargin St. (9) and addressStreetMill St. (9). Appearing in favor was John Jankowski and Doug Wagner of National Grid. Councillor Pelletier asked when work would start and end. Mr. Wagner stated they would start the work in the street first and the estimated work will be complete in 3 months or by the end of the summer. Councillor Pelletier stated that if the work is not complete by the end of the summer National Grid will have to hold off on the completion. There was no one opposed. Councillor Pelletier moved that the matter be granted with the condition stated above. It was so voted.
(#305) – APPT. OF DAVID KNOWLTON AS CITY ENGINEER
Held from the last meeting of May 10, 2007 the Mayor’s appointment of David Knowlton to serve as the City Engineer with a term to expire February 1, 2009, was confirmed by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative.
Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Mr. Knowlton to speak.
(#306) – APPT. OF addressStreetSUSAN ST. CityPIERRE TO THE PLUMMER HOME FOR BOYS BOARD OF TRUSTEES
Held from the last meeting of May 10, 2007 the Mayor’s appointment of Susan St. Pierre to serve as the Plummer Home for Boys Board of Trustees for a term to expire May 1, 2012, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Corchado requested and received unanimous consent to suspend the rules to allow Ms. St. Pierre to speak.
(#308) – RE-APPT. OF ROBIN STEIN TO ZONING BOARD OF APPEALS
Held from the last meeting of May 10, 2007 the Mayor’s re-appointment of Robin Stein to serve as a member of the Zoning Board of Appeals for a term to expire May 1, 2010, was held until the next regular meeting of June 14, 2007.
#345 – APPT. OF CHRIS BURKE TO THE PARK & RECREATION COMMISSION
The Mayor’s appointment of Chris Burke to serve as a member of the Park and Recreation Commission for a term to expire May 1, 2010. Councillor O’Leary objected to suspension of the rules and the appointment was held until the next regular meeting of June 14, 2007.
#346 – RE-APPT. OF DEPARTMENT HEADS
Councillor O’Leary moved to divide the question and remove Richard Rennard and Lynn Duncan and vote on the other department heads. The motion was defeated by a roll call vote of 5 yeas, 6 nays, 0 absent. Councillors Sargent, O’Leary, Lovely, Blair and Veno were recorded as voting in the affirmative. Councillors Sosnowski, Prevey, Pelletier, O’Keefe, Furey, and Corchado were recorded as voting in the negative.
The Mayor’s re-appointment of the following Department Heads with terms as follows, were confirmed by a roll call vote of 10 yeas, 1 nays, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative.
Richard Rennard Director Public Services January 31, 2008
Dough Bollen Director of Recreation & Community Service January 31, 2008
Joanne Rust Director of MIS January 31, 2008
Nina Bridgman Asst. Finance Director January 31, 2008
James Hacker Executive Director of Parking January 31, 2008
Kathy Winn Asst. Planning Director January 31, 2008
Albert Hill Director of Purchasing January 31, 2008
Frank Kulik Director of Assessing January 31, 2008
Thomas St. Pierre Director Public Property January 31, 2008
Joseph Barbeau Jr. placePlaceNameAsst. PlaceTypeBuilding Inspector January 31, 2008
John Giardi City Electrician January 31, 2008
Lynn Duncan Planning Director January 31, 2008
Jean-Guy Martineau Veteran’s Agent April 1, 2009
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#347 – APPOINTMENT CONSTABLES
The Mayor’s reappointment of Bruce Hall to serve as a Constable with a term to expire March 29, 2010 was received and filed.
#348 – APPR. RECONSTRUCTION OF placeCitySALEM WILLOWS SEAWALL
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of One Hundred and Fifty-six Thousand, Five Hundred and Three Dollars ($156,503.00) is hereby appropriated within the “Sale of City Property” account to be expended for reconstruction of Salem Willows Seawall in accordance with the recommendation of Her Honor the Mayor.
#349 – APPR. REPAIR OF THE placeCitySALEM WILLOWS PIER
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Forty-Five Thousand Dollars ($45,000.00) is hereby appropriated to the “Capital Outlay – Renovation & Repair” account to be expended for repair of the Salem Willows Pier by the Public Property Department in accordance with the recommendation of Her Honor the Mayor.
#350 – APPR. GOLF COURSE – GAS/OIL HEAT
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the “Golf Course – Gas/Oil Heat” account in accordance with the recommendation of Her Honor the Mayor.
#351 – TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Four Thousand Two Hundred and Seventy Three Dollars and Eight Cents ($4,273.08) is hereby transferred from the “Receipts Reserved – Harbormaster” account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
Ss/Med 127.20
Health Ins. 2,809.60
Life Ins. 24.76
Dental Ins. 38.40
Retirement 1,273.03
Total 4,273.08
#352 – APPR. TO WITCH HOUSE – GAS/OIL HEAT
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Three Thousand Dollars ($3,000.00) is hereby appropriated from the “Receipts Reserved – Witch House” account to the “Witch House – Gas/Oil Heat” account in accordance with the recommendation of Her Honor the Mayor.
#353 – TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand Nine Hundred and Twenty Eight Dollars and Sixty-six Cents ($2,928.66) is hereby transferred from the “Receipts Reserved – Golf Course” account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
Ss/Med 122.75
Health Ins. 1,516.84
Life Ins. 24.76
Dental Ins. 76.76
Retirement 1,187.55
Total 2,928.66
#354 – TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Eighty-Four Dollars and Fifty-nine Cents ($84.59) is hereby transferred from the “Receipts Reserved – Witch House” account and appropriated to the following Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
Ss/Med 84.59
#355 – MAYOR SUBMITTING ANNUAL BUDGET FOR FISCAL YEAR 2008
A communication was received from the Mayor, submitting the fiscal year 2008 Operating Budget and the Fiscal Year 2008 Enterprise Funds Operating Budget.
Councillor Prevey moved that the matter be referred to the Committee on Administration and Finance and the first meeting of the Committee will be co-posted with the Committee of the Whole to allow the Mayor to make a presentation. It was so voted.
#356 – MAYOR’S REQUEST TO MAKE PRESENTATION REGARDING HARBOR PLAN
A request was received from the Mayor, to make a presentation to the Council with the Planning Department and Fort Point Associates regarding renewal of the Harbor Plan.
Councillor Corchado moved that the matter be referred to the Committee of the Whole. It was so voted.
#357 – INCREASE NUMBER OF MEMBERS ON THE COMMISSION ON DISABILITIES
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss increasing the number of members on the Commission on Disabilities from seven (7) to nine (9) members.
#358 – SCHOOL FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the School Financial Report and Correspondence dated May 21, 2007 be received and placed on file.
#359 – FINANCIAL REPORT DATED APRIL 30, 2007
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Financial Report dated April 30, 2007 be received and placed on file.
#360 – ORDINANCE AMENDING addressStreetTRAFFIC HANDICAP PARKING SKERRY STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and seven
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 placeCitySalem, as follows:
Section 1. Skerry Street, southerly side, beginning twenty (20) feet from the intersection of addressStreetBridge Street and preceding twenty (20) feet in a westerly direction, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#561 – FLOOD CONTROL COMMITTEE BE KNOWN AS CWFC
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Council Order adopted on April 28, 2005 creating a City Wide Committee on Flood Control be amended to be further known as CWFC.
The committee shall consist of, but not limited to, the Ward 3 Councillor, Mr. Fred Votta, both as co-chairs, a Councillor At Large and two additional Ward Councillors appointed by the Council President on a yearly basis and to also include the City Engineer, DPW Director, Conservation Commission Agent, City Planner, Health Agent and members from the business community. And that the Committee add members as needed.
Be it further ordered that the CWFC main goals are to:
1. Improve the city’s ability to deal with storm events
2. Reduce economic damage to residents and businesses by identifying mitigation measures and/or improving the one’s we currently have in place.
3. Investigate sources of funding on the state and federal levels that can be used to assist the city in planning and implementing these goals.
Further that the City Council Chambers be used as a venue for such meetings. And that the CWFC send quarterly status reports to the Committee on Government Services.
Councillors Lovely, Prevey and Sosnowski were appointed to the Committee.
#362 – TRIAL PERIOD addressStreetSTOP SIGN ON FRANKLIN STREET AT CityHAYWARD STREET
Councillor Prevey introduced the following order, which was adopted.
ORDERED: That the Police Traffic Division institutes the following temporary traffic regulations for a trial period of up to sixty (60) days.
Chapter 42, Section 49, “Obedience to Isolated Stop Signs”
addressStreetFranklin Street at the intersection with addressStreetHayward Street, “Stop Sign”, Trial Period of sixty (60) days.
#363 – ORDINANCE AMENDING TRAFFIC GENERAL TOWING addressStreetZONES PROCTOR STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74, “General Towing Zones”
Be it ordained by the City Council of the City of placeCitySalem, as follows:
Section 1. addressStreetProctor Street, easterly side starting at the corner of addressStreetPope Street and running in a southerly direction for a distance of three hundred and twenty-five (325) feet, “No Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#364 – ORDINANCE AMENDING TRAFFIC PARKING TIME LIMITED placeCityBOSTON STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, “Parking Time Limited, Unmetered Zone”
Be it ordained by the City Council of the City of placeCitySalem, as follows:
Section 1. Repeal addressStreetBoston Street, northerly side, from the intersection of Federal and addressStreetBoston Street, in a westerly direction, for a distance of fifty (50) feet, fifteen (15) minute parking as marked by sign. “Parking Time Limited, Unmetered Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#365 – CREATING A STORM WATER placeCityENTERPRISE FUND
Councillor Pelletier introduced the following order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss the feasibility of creating a “Storm Water Enterprise Fund” and to draft an Ordinance that should require all new construction/reconstruction or rehabilitation of more than 50% of existing buildings, to pay a Storm Water Fee. Such fee would be a flat fee or a percentage of square footage of impervious surfaces, which would be deposited into the “Storm Water Enterprise Fund”.
Be it further ordered that the following be invited: City Planner, Engineer, Building Inspector and Mayor or her designee.
#366 – AMEND RULES SECTION 29 AND/OR 29A
Councillor Sosnowski introduced the following Order which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss amending Council Rule 29 “Acting on Mayor’s nominations” and or Rule 29A “Appearance of nominees for position before Council”.
Councillor O’Keefe and Furey were recorded as opposed.
#367 – (#315) - SPECIAL MUNICIPAL EMPLOYEES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation by roll call vote of 7 yeas, 4 nays, 0 absent. Councillors Prevey, Pelletier, O’Keefe, Lovely, Furey, Corchado and Veno were recorded as voting in the affirmative. Councillors Sosnowski, Sargent, O’Leary and Blair were recorded as voting in the negative. Councillor Pelletier moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of approval of designating the Zoning Board of Appeal members as Special Municipal Employees
under Massachusetts General Law Chapter 268A, has considered said matter and would recommend approval.
#368 – GRANTING LICENSES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend that the following be granted:
LIMOUSINE Payero Car Services, addressStreet19 Park St., CitySalem (1)
placeCitySalem Car Service, addressStreet12 Mt. Vernon St., CitySalem (1)
Javier Car Service, addressStreet12 First St., CitySalem (1)
PUBLIC GUIDE Shane Bell, addressStreet47 Leavitt St. #L-2, placeCitySalem
TAXI OPERATOR S. Gregory Jamieson, addressStreet43 Roslyn St. #2, CitySalem
Steven Farris, addressStreet225 Newbury St., CityDanvers
Jaime Lopez, addressStreet49 E. Park Ave., CityLynn
Melanie Dukas, 641A addressStreetHale St., CityBeverly
Michael Paciulli, addressStreet50 Jenness St., CityLynn
Milciades Pichardo, addressStreet146 Lafayette St., CitySalem
#369 – (#259) - APPROVAL OF placePlaceNameROUTE PlaceNameFOR PlaceTypeCITY VIEW TROLLEY
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor O’Leary was recorded as voting in the negative. Councillor O’Keefe moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of approval of the application submitted by City View Trolley for a license of stops and route to convey persons from place to place on sightseeing trackless trolley vehicles on a route and stops, has considered said matter and would recommend the application of City View Inc. to carry to convey person from place to place on sightseeing trackless trolley vehicle, stops and route be approved.
Councillor Pelletier moved for a 1 minute recess. It was so voted.
#370 – FORTUNETELLING ISSUES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Fortunetelling issues, has considered said matter and would recommend that the enclosed proposed Ordinance for Fortunetelling be adopted for first passage.
#370A – ORDINANCE AMENDING FORTUNETELLING
Councillor O’Keefe offered the following Ordinance, which was adopted for first passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor O’Keefe moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Fortunetelling, Astrology, etc.
Be it ordained by the City Council of the City of placeCitySalem, as follows:
Section 1. Chapter 14, Division 2, Fortunetelling, Astrology, etc. is hereby amended by deleting Division 2 in its entirety and replacing it with the following:
“DIVISION 2. FORTUNETELLING, ASTROLOGY, ETC.
Sec. 14-71. Purpose.
The purpose of this legislation is to regulate fortunetellers, psychics, and other similar businesses so that the City can efficiently and thoroughly investigate fraud and deception, protect the public by preventing people who have been charged with deceptive practices from having easy access to persons who may be vulnerable to fraud or confidence games, to ensure that consumers are provided with information regarding services, rates, and complaint procedures, and to foster a positive business environment for legitimate practitioners within this industry.
Sec. 14-72. Definitions.
(a)~~~Fortunetelling shall mean the telling of fortunes, forecasting of futures, or reading the past, by means of any occult, psychic power, faculty, force, clairvoyance, cartomancy, psychometry, phrenology, spirits, tea leaves, tarot cards, scrying, coins, sticks, dice, sand, coffee grounds, crystal gazing or other such reading, or through mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading, telepathy or other craft, art, science, talisman, charm, potion, magnetism, magnetized article or substance, or by any such similar thing or act.
(b) A fair is a periodic gathering of fortunetellers, as defined above, in an appointed place. A fair shall not exceed thirty-one days in any calendar year.
(c) A store under this division shall mean a business whose revenue from sales and services are predominantly from the telling of fortunes, as defined in (a) above, or the sale of items relating to such service.
Sec. 14-73 Licensing Board authorized to license.
(a) Individual Licenses. The Licensing Board is authorized to issue licenses for the regulation of the business of palmistry, fortunetelling, phrenology, card reading, astrology or any such enterprise as defined in Section 14-72.
(b) Store Licenses. The Licensing Board may issue store licenses. A store license shall license the owner of an establishment to employ up to five individuals to engage in the enterprise of fortunetelling, upon the premises of the licensed store. The employee shall be considered licensed as long as the employee is employed by the holder of the store license. Upon the discontinuance of employment at the licensed store, the individual shall no longer hold a valid fortunetelling license.
(c) Fair Licenses-. The Licensing Board may issue Fair Licenses upon application thereof. A Fair license shall only be issued to a store owner or individual who possesses a valid license as described in section (a) and (b) above. The individuals employed or retained by the Fair license holder of the Fair License. Upon the close of the Fair, the individuals employed or retained by Fair applicant shall no longer hold a valid license. No Fair License issued under this division shall license more than twenty (20) individual fortunetellers, as defined in Section 14-72, but no more than ten (10) licensed fortunetellers may read at any one time.
Sec. 14-74. License requirement and qualifications.
(a) It shall be unlawful for any person to engage in the business of palmistry, fortunetelling, phrenology, card reading, astrology or any like enterprise in the city without a valid license issued by the Licensing Board.
(b) Individual and store licenses shall be granted only to applicants who have resided or operated a business continuously in the city for at least twelve months immediately preceding the date of the application. Applicants shall be required to provide evidence, in the form of a utility bill or other documentation acceptable to the Licensing Board, of such residency or business. This section shall not apply to the renewal of licenses.
Sec. 14-75. Exception.
This Division shall not apply:
(a) To persons solely by reason that the person is engaged in the business of entertaining the public by demonstrations of mindreading, mental telepathy, thought conveyance, magic, giving of horoscopic readings or other fortunetelling at public places and in the presence of and within the hearing of other persons, and where any questions answered as part of such entertainment may be heard by all persons present at such public place.
(b)~~~To persons conducting or participating in any religious ceremony as a minister, missionary, medium, healer, or clairvoyant, hereinafter collectively referred to as minister, from any bona fide church or religious association that conducts regular services and has a creed or set of religious principles that is recognized by all groups of like faith, provided that the benefit, gain or advantage shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or religious association except that the bona fide church or religious association may pay to its ministers a salary or compensation based upon a percentage only, pursuant to an agreement between the church and the ministers that is embodied in a resolution and transcribed in the minutes of such church or religious
association. Upon request, a copy of such resolution and/or minutes of a meeting shall be provided to the Licensing Board.
Sec. 14-76. Application for license.
(a) An applicant for a fortunetelling license shall file with the Licensing Board, on a form issued by the police department, a written application signed under the penalties of perjury, containing the following information:
(1)~~~The name of the applicant.
(2)~~~The address of the applicant (local and permanent home address. PO Box shall not be acceptable).
(3)~~~The applicant's height, weight, eye and hair color.
(4)~~~The applicant's Social Security number.
(5)~~~The length of time for which the right to do business is desired.
(6)~~~A brief description of the nature of the business and the services to be provided.
(7) The full true name under which the business will be conducted.
(8) The present or proposed address where the business will be conducted.
(9)~~~A photograph of the applicant, which picture shall be submitted by the applicant and shall be two inches by two inches showing the face, head, and shoulders of the applicant in a clear and distinguishing manner.
(10) A minimum of 5-year employment history and educational background.
(b) At the time of filing the application, the applicant shall pay a fee in accordance with the fee schedule within Sec. 14-38.
Sec. 14-77. Investigation of application and issuance of license.
(a)~~ Upon receipt of the application for the license required by this division, the Licensing Board shall investigate:
(1)~~~The status of the business in the office of the city clerk and the office of the secretary of state.
(2)~~~The existence of consumer complaints against the applicant in the office of the attorney general.
(3)~~~The criminal and probationary record of the applicant, either by information volunteered or background information obtained from public records or other legal means.
(b)~~~ After the investigation of the applicant, but within 30 days of the filing of the application, the Licensing Board shall endorse on such application their approval or disapproval. Failure of the Licensing Board to act on the application within 30 days of the applicant's filing shall constitute approval. If disapproved, the applicant shall have the right of appeal to the city council in writing within seven days of the denial by the Licensing Board. The city council must act upon the appeal at its next two regularly scheduled meetings. Failure to so act shall be deemed approval.
(c) Such license when issued shall contain the signature of the Licensing Board or the approval by the city council; shall show the name, address, and photograph of the licensee; and shall show the date of issuance and the length of time the license shall be operative, as well as the license number. The Police Department shall keep a record of all licenses issued for a period of six years. Such licensee is required to display an identifying badge issued by the Police Department, by wearing such badge on an outer garment or displaying such badge in their business at a vantage point visible to the public. Each licensee is required to possess an individual license.
Sec. 14-78. Enforcement.
The Licensing Board and the Police Department shall enforce this division.
Sec. 14-79. Transferability of license.
No license issued under this division shall be transferred.
Sec. 14-80. Revocation of license.
The Licensing Board is vested with jurisdiction over the revoking of licenses issued under this division. Any person aggrieved by such revocation may appeal to the city council within seven business days, and a hearing will be scheduled for one of the next two regularly scheduled meetings of the city council.
Sec. 14-81. Expiration of license.
Unless otherwise specified in this division, each license issued under this division shall continue in force for two years from the date of its issue, unless sooner revoked.
Sec. 14-82. Renewal of license.
A license issued under this division may be renewed by the Licensing Board. An individual, store or fair applicant requesting a renewal must apply in person and provide such information as is required to obtain an initial license.
Sec. 14-83. Penalty for violation of division.
Any person violating any section of this division shall be punished by a fine not to exceed $100.00 for each and every offense.”
Section 2. This Ordinance shall take effect as provided by city charter.
#370B – ORDINANCE AMENDING FORTUNETELLING FEES
Councillor O’Keefe offered the following Ordinance, which was adopted for first passage.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Business Licenses and Fees.
Be it ordained by the City Council of the City of placeCitySalem, as follows:
Section 1. Chapter 14, Division 1, Section 14-38 is hereby amended by deleting the following fees:
“Fortunetelling, store license . . . 25.00
Store license, per employee . . . 25.00”
And inserting in place thereof the following new fees:
“Fortunetelling, store license . . . …50.00
Store license, per employee . . ……50.00
Fortunetelling, individual license…..50.00
Fortunetelling, fair license………… 25.00/day
Fair employee/vendor….…………50.00”
Section 2. This Ordinance shall take effect as provided by city charter.
#371 – (#314) - WAIVER OF BUILDING PERMIT AND OTHER addressStreetFEES HARRISON AVENUE
Councillor Prevey offered 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 building permit and all other fees associated with the construction and redevelopment of 1 Harrison Avenue be wiaved, has considered said matter and would recommend approval.
Councillor Sargent recused himself and left the Council Chamber
#372 – (#289) – RE-RATIFICATION OF AN ORDINANCE RELATIVE TO TRASH FEE FOR CERTAIN RESIDENCES
Councillor Prevey offered 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 re-ratification of Chapter 36, Solid Waste Management Ordinance, collection of trash fees, has considered said matter and would recommend no recommendation.
Councillor O’Leary moved that for re-ratification to repeal Chapter 36, Trash Fees
Councillor Sosnowski moved to hold the matter until the next meeting. It was so voted.
Councillor Sargent returned to the Chamber.
#373 – (#325) – DOUBLE POLES
Councillor Pelletier offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of double poles, has considered said matter and would recommend that the matter remain in committee and that the City Electrician report progress to Council through email and follow up with a hard copy on a monthly basis.
#374 – (#165) – MAKING placeCityFLINT STREET A ONE-WAY
Councillor Pelletier offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of making Flint Street a one-way between Mason and Bridge Street, has considered said matter and would recommend that there be a trial period of up to sixty days making Flint Street a one-way from Oak Street to Mason Street.
#375 – (#309) – REAPPOINTMENT OF STEVE PINTO TO THE ZONING BOARD OF APPEALS
Councillor Pelletier offered the following report for the Committee on Government Services. It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor Pelletier moved immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Government Services to whom was referred the matter of a reappointment of Steve Pinto as an alternate member of the Zoning Board of Appeals, has considered said matter and would recommend that the reappointment be confirmed by a roll call vote.
#376 – COMMUNICATION FROM THE DIVISION OF BANKS REGARDING PAWNBROKERS INTEREST RATES
A communication from the Division of Banks regarding the City’s licenses and regulations of Pawnbrokers and the maximum interest rates, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#377 – APPLICATION TO INCREASE INFLAMMABLE STORAGE AT addressStreet111 NORTH STREET
Application from Trickett Realty Trust (Shell Oil Co.) to increase flammable storage at 111 North Street by an increase of 21,980 gallons. Hearing Ordered June 14, 2007.
#378 – BLOCK PARTY
The request from the residents of placePlaceNamePickman PlaceTypePark area to hold a block party on July 3, 2007 from 6:00 P.M. to 10:00 P.M. was granted.
#379 - #382 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
LIMOUSINE Car Service Cibao, addressStreet16 Aborn St., CitySalem (1)
SGE Car Service, addressStreet52 Harbor St., CitySalem (1)
Ozoria Car Service, addressStreet33 Park St. #1, CitySalem (1)
Delivery placeCitySalem Transportation, addressStreet257 Washington St., CitySalem (1)
Divanne Car Service, addressStreet113 Loring Ave., CitySalem (1)
Finix Car Service, addressStreet76 Lafayette St., CitySalem (1)
Garcia Car Service, addressStreet56 Peabody St., CitySalem (1)
SEAWORMS Douglas Robinson, addressStreet4 Laurine Rd., CityDanvers
TAXI OPERATOR Gustavo Rodriguez, addressStreet257 Washington St., CitySalem
Richard Aikins Sr., 130 Eastern Ave., placeCityLynn
Belkys Guerrero, addressStreet9 Mason St. #2, CitySalem
Kimberly Stevens, addressStreet44 Bridge St., CitySalem
Lamont Chisholm, addressStreet126 Union St. #34, CityLynn
Robert J. Corriveau, Jr., addressStreet78 Endicott St., CityPeabody
Newri Garcia, addressStreet6 Ray St., CityPeabody
VEHICLE FOR HIRE placeCitySalem Pedicab, addressStreet7 North Pine St., CitySalem
#383 – DRAINLAYER/CONTRACT OPERATOR
The Following Drainlayer / Contract Operator License was granted
Ralph Surianello, Inc., addressStreet49 Silva Lane, CityDracut
#384 - #385 – CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Ann J. Hennessey, addressStreet38 Putnam St., CitySalem
Crescencio Martinez, addressStreet300 Washington St., CitySalem
#386 - #388 – BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Bruce Hall, addressStreet282 Washington St., CitySalem
DRAINLAYER Ralph Surianello, Inc., addressStreet49 Silva Lane, CityDracut,
SIGN Steven Phillips House, addressStreet34 Chestnut St., CitySalem
(#322) – ORDINANCE AMENDING TRAFFIC, PROHIBITED MOVEMENTS, NORTH STREET
The matter of second and final passage of amending Traffic, Chapter 42, Section 49A, Prohibited Movements, No Left Turn, at addressStreet105 North Street, was then taken up. The Ordinance was adopted for second and final passage.
(#323) – ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, RESIDENT STICKER, addressStreetSTORY ROAD AND addressStreetLAURIER ROAD
The matter of second and final passage of amending Traffic, Chapter 42, Section 75, Parking Prohibited, Resident Sticker Parking, addressStreetStory Road and addressStreetLaurier Road, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 9:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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