A Regular Meeting of the City Council was held in the Council Chamber on Thursday, October 25, 2007 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 19, 2007 at 10:50 A.M.
All Councillors were present.
Council President Matthew Veno presided.
Councillor Sosnowski 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.
#672 - #673 - #674 – CONSTABLES
The Mayor’s appointements and re-appointment of the following to serve as a Constables were received and placed on file.
Brett Emery, 19 Kelley Rd., Salem Term to Expire: October 25, 2008
George Soffron, 1 Vermette Ct., Ipswich Term to Expire: November 7, 2010
George Curran, 138 Bedford St., Burlington Term to Expire: January 1, 2011
#675 – APPR. TO CEMETERY – BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Receipts Reserved – Sale of Lots” account to the “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor.
#676 – ORDINANCE AMENDING CH. 44, RELATIVE TO TAXI CABS
The following Ordinance, recommended by the Mayor, was adopted for first passage.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Taxicabs.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 44, Article II, Section 32(b) is hereby amended as follows:
Amend Section 32(b) by inserting the following as the new third sentence:
“All applicants shall be responsible for submitting two current passport-style photographs with their application to the police traffic division.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#677 – COMMUNICATION FROM MAYOR REGARDING HOME RULE PETITIONS
The following communication from the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs and co-posted with the Committee of the Whole to hold a public hearing.
Honorable Salem City Council
Salem City Hall
Salem, Massachusetts 01970
Ladies and Gentlemen of the City Council:
Enclosed herewith is an Order seeking approval of four Home Rule Petitions for various locations throughout the downtown seeking liquor licenses. The four establishments applying for the Home Rule Petitions are Gulu-Gulu Café, Upper Crust, 85-87 Washington Street and 2 Front Street.
Both Gulu-Gulu Café and Upper Crust currently have seasonal licenses enabling them to serve beer and wine that they would like extended to allow for year round service. The owner of the properties located at 85-87 Washington Street and 2 Front Street are applying for full liquor licenses as a means to assist with their recruitment of bistros interested in locating to these sites.
As you may know, the Gulu-Gulu Café and Upper Crust are quickly establishing themselves as popular local eateries in the downtown. Both owners believe that a year round license will benefit and enhance the quality of their service. It should also be noted that neither establishment has had any problems or violations stemming from their current temporary alcohol license.
The properties located at 85-87 Washington Street and 2 Front Street are both owned by the Goldberg family. If the license is granted, the property owner will be in a better position
to attract fine dining establishments interested in opening in Salem, which will greatly assist with the overall success of the individual property’s redevelopment. In addition, such restaurants help to bring a year round vitality to Salem and to our downtown. This benefits both the many residents who live within walking distance to the central business district, as well as the tremendous number of visitors to our community. Further, the Downtown Marketing Study recently commissioned by the Salem Redevelopment Authority highlights the City’s thriving restaurant community as a key attraction on the North Shore.
Currently, the number of liquor licenses permitted in the City is limited by state statute, which ties the number of allowed licenses to a community’s population. In Salem, with the high number of tourists that visit the City each year we have a higher demand than typical municipalities of our size. As such, the statute can be limiting and create an unreasonable high value for liquor licenses. In the past, the City has dealt with this issue by seeking approval from the State Legislature for additional licenses at specific sites. Any license granted under this scenario can only be utilized at the specified location and
must be surrendered if the business ceases to operate at that site. Furthermore, the entity must still comply with all local rules and regulations, as established by the City’s Licensing Board and Police Department.
The parties seeking assistance have all made major investments in the City and believe strongly that these licenses will enhance their development efforts. With all of this in mind, I wholeheartedly endorse this legislation and urge your support for adoption of the enclosed Orders.
Very truly yours,
s/Kimberley Driscoll
Mayor
#677A– HOME RULE PETITION 2-26 FRONT STREET REALTY TRUST
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to hold a public hearing.
ORDERED: That a petition of the General Court, accompanied by a bill for certain additional liquor licenses notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments of the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition:
An ACT authorizing the City of Salem to issue additional licenses for the sale of alcoholic beverages.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws, the licensing authority of the City of Salem may grant one additional license for the sale of alcoholic beverages to be drunk on the premises under Section 12 of said chapter 138 to 2-26 Front Street Realty Trust located at 2-4 Front Street, Salem, Massachusetts. The license shall be subject to all of said Chapter 138 except Section 17.
Notwithstanding any General or special law, or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter in writing from the Department of Revenue indicating that said license is in good standing with the Department and that any and all applicable taxes have been paid. If the licenses granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically,
with all of the legal rights, privileges and restrictions pertaining thereto, to the local alcohol licensing authority.
Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the local alcohol licensing authority may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
Section 2. This act shall take effect upon its passage.
#677B– HOME RULE PETITION 81 WASHINGTON STREET REALTY TRUST
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to hold a public hearing.
ORDERED: That a petition of the General Court, accompanied by a bill for certain additional liquor licenses notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments of the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition:
An ACT authorizing the City of Salem to issue additional licenses for the sale of alcoholic beverages.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws, the licensing authority of the City of Salem may grant one additional license for the sale of alcoholic beverages to be drunk on the premises under Section 12 of said chapter 138 to Goldberg Brothers Real Estate, LLC d/b/a 81 Washington Street Realty Trust and located at 85-87 Washington Street, Salem, Massachusetts. The license shall be subject to all of said Chapter 138 except Section 17.
Notwithstanding any General or special law, or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter in writing from the Department of Revenue indicating that said license is in good standing with the Department and that any and all applicable taxes have been paid. If the licenses granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically,
with all of the legal rights, privileges and restrictions pertaining thereto, to the local alcohol licensing authority.
Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the local alcohol licensing authority may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
Section 2. This act shall take effect upon its passage.
#677C– HOME RULE PETITION GULU-GULU CORP 247 ESSEX STREET
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to hold a public hearing.
ORDERED: That a petition of the General Court, accompanied by a bill for certain additional liquor licenses notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments of the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition:
An ACT authorizing the City of Salem to issue additional licenses for the sale of alcoholic beverages.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws, the licensing authority of the City of Salem may grant one additional license for the sale of wine, malt beverages and cordials and liqueurs to be drunk on the premises under Section 12 of said Chapter 138 to Gulu-Gulu Corp., operating under the name of Gulu-Gulu Café and located at 247 Essex Street, Salem, Massachusetts. The license shall be subject to all of said Chapter 138 except Section 17.
Notwithstanding any General or special law, or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter in writing from the Department of Revenue indicating that said license is in good standing with the Department and that any and all applicable taxes have been paid. If the licenses granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically,
with all of the legal rights, privileges and restrictions pertaining thereto, to the local alcohol licensing authority.
Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the local alcohol licensing authority may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
Section 2. This act shall take effect upon its passage.
#677D– HOME RULE PETITION UPPER CRUST
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to hold a public hearing.
ORDERED: That a petition of the General Court, accompanied by a bill for certain additional liquor licenses notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments of the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition:
An ACT authorizing the City of Salem to issue additional licenses for the sale of alcoholic beverages.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws, the licensing authority of the City of Salem may grant one additional license for the sale of wine and malt beverages to be drunk on the premises under Section 12 of said chapter 138 to Buchhalter LTD., operating under the name Upper Crust and located at 118 Washington Street, Salem, Massachusetts. The license shall be subject to all of said Chapter 138 except Section 17.
Notwithstanding any General or special law, or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter in writing from the Department of Revenue indicating that said license is in good standing with the Department and that any and all applicable taxes have been paid. If the licenses granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically,
with all of the legal rights, privileges and restrictions pertaining thereto, to the local alcohol licensing authority.
Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the local alcohol licensing authority may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
Section 2. This act shall take effect upon its passage.
#678 – CURB CUTS AT 128 MARLBOROUGH ROAD
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet to discuss the curb cuts for 128 Marlborough Road, Leger residence.
#679 – STATUS OF REPLACEMENT OF STAIRS AT 120 MARLBOROUGH ROAD
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services meet to discuss the status on the replacement of stairs at 120 Marlborough Road, for the Lombard residence.
#680 – TAG DAY APPLICATION
Councillor O’Leary introduced the following Order, which was adopted.
ORDERED: That the enclosed Tag Day Application for Pisces Promotional Group/Home for Little wanderers dated November 1 and 2, 2007 from 11:00 AM to 5:30 PM be granted.
#681 – ILLEGAL WALL AT 28 MARLBOROUGH ROAD
Councillor O’Leary introduced the following Order, which was adopted as amended.
ORDERED: That the Committee on Government Services meet to discuss the illegal wall located at 28 Marlborough Road.
Councillor Sosnowski amended to include the telephone poles and hydrants obstructing sidewalks relative to the A.D.A. Laws.
Councillor Pelletier asked that a liason from the Commission on Disabilities send a letter to the Committee.
#682 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated September 30, 2007 be received and placed on file.
#683 – (#136 - #666-667) - 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.
SECOND HAND
VALUABLE Filigree & Fancy, Pickering Wharf, Salem
TAXI OPERATORS Thomas F. Schatz, 4 Myrtle St., Beverly
Jason Cacciola, 12 Blaine Ave., Beverly
VEHICLE FOR HIRE
(OPERATORS ONLY) Derek Gallien, 6 March St. #3, Salem
Wesley Hill, 68 Dane St., Beverly
Michael Zarba, 84 Grove St. #3, Lynn
Craig Malko, Jr., 321 Cabot St., Beverly
#684 – (#478) - LOITERING AND VAGRANTS
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 Loitering and Vagrancy has considered said matter and would recommend that the matter remain in Committee and send the order to the City Solicitor to meet with the Police Chief and/or his designee from the Community Impact Unit to draft an ordinance for submittal to the Committee.
#685 – (#365) – STORM WATER ENTERPRISE FUND
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 Storm Water Enterprise Fund has considered said matter and would recommend that the matter remain in Committee and send the order to the City Solicitor, Planner, Engineer and Finance Director for their recommendations.
#686 – (#548, 686A) – AMENDING AN ORDINANCE RELATIVE TO DOG PARK USE REGULATIONS (POOCH PASS)
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 adoption of the draft ordinance relative to Dog Park Use Regulations has considered said matter and would recommend that the following Ordinance be adopted for first passage.
In the year Two Thousand and Seven
An Ordinance to amend an Ordinance pertaining to Dog Park Use Regulations.
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Section 26-101, Use Regulations of Chapter 26, Article IV. Dog Park Use Regulations is hereby amended by
1) deleting the word “Children” within sub-paragraph (3) and replacing it with the phrase “Individuals between the ages of ten and seventeen years”;
2) deleting the word “City” in sub-paragraph (4) and replacing it with the words “a municipal”;and
3) adding two new sub-paragraph as follows:
“(10) All dogs entering the park must display a dog park tag issued annually by the Director of Park, Recreation and Community Services or his or her designee. Applicants for a dog park tag shall sign a waiver of liability and an agreement to abide by park rules and present proof of current spay/neuter and vaccination status and dog license for the dog prior to the issuance of a dog park tag. The Director of Park, Recreation and Community Services, in concert with the Animal Control Officer, shall determine the number of dog park tags to be issued each year.
(11) Owners are responsible and liable for the actions of their dogs.”
Section II. Section 26-102 Prohibitions of Chapter 26, Article IV. Dog Park Use Regulations is hereby amended by adding the following new sub-paragraphs:
“(4) Dogs displaying aggressive behavior may be immediately removed from the park by the Animal Control Officer or his or her designee.
(5) Children’s toys and sporting equipment are prohibited within the fenced area of the park;
and
(6) Due to health and safety concerns, children under the age of ten are prohibited from within the fenced area of the park.”
Section III. Section 26-103, Penalties of Chapter 26, Article IV. Dog Park Use Regulations is hereby amended by adding the following new last sentences:
“The Animal Control Officer may revoke any existing dog park pass and/or prohibit future participation in the pass program for those who violate any provision of this Article.”
Section IV. Chapter 26, Article IV. Dog Park Use Regulations is hereby amended by adding the following new section:
“Sec. 26-104. Dog Park Tag Fees.
Dog Park Tags shall be issued at an annual fee of $25.00 per dog.
All fees received by the Park, Recreation and Community Services Department shall be deposited into a special account entitled “Dog Park Receipts Reserved for Appropriations”. Said receipts shall be appropriated solely for the administration, care and maintenance of the Dog Park. Said receipts may be expended by the Director of Park, Recreation and Community Services, upon approval of the Mayor and following a vote of the City Council.”
Section V. Chapter 26, Article IV. Dog Park Use Regulations is hereby amended by adding the following new section:
“Sec. 26-105. Enforcement and Appeal
The Animal Control Officer and the Salem Police Department shall have the authority to enforce this Article. Notice of an enforcement action shall be delivered to the Director of Park, Recreation and Community Services.
Any person aggrieved by the decision of the Animal Control Officer may appeal to the Chief of Police or his designee.”
Section VI. This Ordinances shall take effect as provided by City Charter.
#687 – (#376, 687A) – ORDINANCE AMENDING PAWNBROKER
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 adoption of amending the Ordinance relative to Pawnbrokers has considered said matter and would recommend that the enclosed Ordinance to amend the Ordinance relative to Pawnbrokers be adopted for first passage.
In the year Two Thousand and Seven
An Ordinance to amend an Ordinance pertaining to Pawnbrokers
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Section 34-262 of Chapter 34, Article VI, Division 2 is hereby amended by deleting Section 34-262 in its entirety and replacing it with the following:
“Sec. 34-262 Interest Rate and Fees
(a) Licensed pawnbrokers may charge the following rates of interest:
For loans, three percent a month (and each fraction thereof at the same rate).
No such pawnbroker shall charge or receive any greater rate of interest and interest shall be determined on the precise sum advanced by the lender.
(b) The pawnbroker may receive additional fees for the following at his/her discretion:
(1) Up to, but no more than $5 per appraisal for loans in excess of $25
(2) Up to, but no more than $5 per month for storage, safekeeping and administrative costs on loans $100 or less
(3) Up to, but no more than $7 per month for storage, safekeeping, and administration costs on loans greater than $100
All storage, safekeeping, and administrative fees are to be capped at ninety (90) days.”
Section II. This Ordinance shall take effect as provided by City Charter.
#688 – CONDUITS AT 1000 LORING AVENUE
A hearing was ordered for November 15, 2007 on the petition of Lightower for two conduits at 1000 Loring Avenue.
#689 - #691 – POLE LOCATIONS
A hearing was ordered for November 15, 2007 on the petition of National Grid for Poles at the following locations:
- Burnside Street
- Jackson Street
- Pleasant Street
#692 – #701 - CONDUIT LOCATIONS
A hearing was ordered for November 15, 2007 on the petition of National Grid for two conduits at each of the following locations:
- Endicott Street
- Essex Street
- Lathrop Street
- Lemon Street
- March Street
- Oliver Street
- Pierce Avenue
- Planters Street
- Skerry Street
- Webb Street
#702 – SALEM JAZZ AND SOUL FESTIVAL
The request from Salem Jazz and Soul Festival to use Derby Sq. for a series of outdoor concerts on May 10, June 14, July 12 and August 9, 2008 from 4:00-8:00 P.M. and to use the Essex St. Mall (various locations) on August 10, 2008 from 1:00-5:00 P.M. for a performance, was granted.
#703 - #706 - LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
JUNK DEALER I. Talkowsky & Son, Inc., 18 Phillips St., Salem
PUBLIC GUIDES Ruth Wall, 13 Crombie St., Salem
Douglas Sabin, 34 Northey St., Salem
Michael Metzger, 25 Shepard St., Marblehead
Richard Metzger, 25 Shepard St., Marblehead
Susan Metzger, 25 Shepard St., Marblehead
SEAWORM Manuel Carroca, 12 Union St., Peabody
Jose Machado, 3 Emmett St., Peabody
SECOND HAND Bernard’s Jewelers, 179 Essex St., Salem
VALUABLE RJ Coins, 72 Wharf St., Salem
Salem Coin & Jewelry, 149 North St., Salem
Salem Used Furniture, 107 ½ Bridge St., Salem
Tobies Jewelry, 142 Washington St., Salem
#707 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATION
The following Drainlayer / Contract Operator License application was granted.
Martin Contracting & Oil Burner Removal, 15 N. Boylston St., Lawrence
#708 - #709 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Caitlin O’Connell, 5 Lucia Rd., Marblehead
James Lewis, 3 Lillian Rd., Salem
#710 - #711 – BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Brett Emery, 19 Kelley Rd., Salem
DRAINLAYER Martin Contracting & Oil Burner Removal, 15 N. Boylston St., Lawrence
(#653) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, HATHORNE STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 50B, Handicap Parking, #80-82 Hathorne Street, was then taken up. The Ordinance was adopted for second and final passage.
(#654) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC, HALLOWEEN RESIDENT PARKING, PEABODY STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42 Section 75, Halloween Resident Parking, Peabody 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 7:41 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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