A Regular Meeting of the City Council was held in the Council Chamber on Thursday, September 25, 2008 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 19, 2008 at 9:47 A.M.
All Councillors were recorded as present.
Council President Michael Sosnowski presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Sosnowski requested that everyone please rise to recite the Pledge of Allegiance.
Councillor Furey requested and received unanimous consent to suspend the rules to have a moment of silence for Robert Addison, Alice Usovicz, Doris Tierney and Councillor McCarthy’s Father.
(#483) – HEARING REQUEST FROM BURGER KING FOR EXTENDED HOURS
A hearing was held on the petition of Burger King, 259 Highland Avenue for extended hours of operation. Appearing in favor was Nancy Martinez representative of Burger King Corporation. She stated that currently the dinning room is open until 10:00 PM and the drive through until 12:00 AM. There was no one recorded as opposed.
Councillor Pelletier moved that the hearing be closed.
Councillor Pelletier moved to approve with condition that lots are kept clear and maintained. It was granted with the condition by roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Furey, Lovely, McCarthy, Pelletier, Pinto, Ryan, Veno and Sosnowski were recorded as voting in the affirmative. Councillors O’Keefe, Prevey and Sargent were recorded as voting in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#551 – CONDUIT ON BROAD STREET
A hearing was held on the petition from Light Tower for a conduit on Broad Street. Appearing in favor, Chris Perrella representative for Light Tower, Foxborough, Mass.
There was no one recorded as opposed. The hearing was closed. Councillor Pelletier moved that the request be granted. It was so voted.
(#502) – APPT. OF DEBRA LOBSITZ TO THE COMMISSION ON DISABILITIES
Held from the last meeting, the Mayor’s appointment of Debra Lobsitz to serve as a member of the Commission on Disabilities for a term to expire July 1, 2011, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.
(#510) – APPT. OF RALPH SWANSON TO THE BOARD OF REGISTRAR OF VOTERS
Held from the last meeting the Mayor’s appointment of Ralph Swanson to serve as a member of the Board of Registrar of Voters for a term to expire March 31, 2009, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey, Ryan, Sargent, Veno and Sosnowski were recorded as voting in the affirmative.
#552 - CONSTABLE
The Mayor’s reappointment of Lisa Wixon to serve as Constables for a term to expire August 31, 2009, was received and placed on file.
#553 - APPR. TO THE RETIREMENT STABILIZATION FUND
The following Order, recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Fourteen Thousand, Sixty-Six Dollars and Ten Cents ($14,066.10) is hereby appropriated from the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for the individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.
Mary Page Health Dept. $14,066.10
#553 – OUTSTANDING POLICE DEPT. INVOICES FROM FISCAL YEAR 2008
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Ten Thousand, Nine Hundred and Ninety-Seven Dollars and Forty-Five Cents ($10,997.45) of outstanding Fiscal Year 2008 Police Department invoices are hereby allowed to be paid from the Fiscal Year 2009 Police budget as listed below in accordance with the recommendation of Her Honor the Mayor.
Police Winer Brothers 8.28
Police Danvers Animal Hospital 432.00
Police Xerox Corporation 253.78
Police Medical Invoices-Various 1,188.00
Police Medical Invoices-Various 1,183.23
Police Medical Invoices-Various 7,932.16
Total $10,997.45
(#554 was skipped in error)
#555 – ORDINANCE AMENDING ZONING SPECIAL PERMIT USES FOR WIND ENERGY FACILITY
The following Ordinance, recommended by the Mayor, was referred to the Planning Board to schedule a joint public hearing with the City Council and that the Renewable Energy Task Force be invited.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 5-3, Special Permit Uses of Article V, Use Regulations of the City’s Zoning Ordinance is hereby amended by inserting the following new Special Permit use:
§ 5-3 Special Permit Uses
(n) Land-based Wind Energy Facilities Ordinance.
(1) Purpose and Intent
The purpose of this section is to accommodate wind energy facilities in appropriate locations, while minimizing any adverse visual, safety, and environmental impacts of the facilities.
(2) Definitions
a. Wind Energy Facility: All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, all transmission, storage, collection and supply equipment, substations, transformers, site access, services roads and machinery associated with the use. A wind energy facility may consist of one or more wind turbines.
i. Residential Scale Wind Energy Facilities shall be considered those with a rated nameplate capacity less than or equal to 60 kilowatts per turbine, and a height up to 150 feet.
ii. Commercial Scale Wind Energy Facilities shall be considered those with a rated nameplate capacity greater than 60 kilowatts per turbine and/or a blade-tip height greater than 150 feet.
iii. Distributed generation facilities are those which are primarily designed to provide electrical output, or the value thereof, for the use of adjacent structures.
b. Rated Nameplate Capacity: The maximum rated output of electric power production equipment
c. Height: The height of the turbine measured from the natural grade to the tip of the blade at its highest point.
d. Clear area: Area surrounding a wind turbine to be kept free of habitable structures.
e. Nacelle: The frame and housing at the top of the tower that encloses the gearbox and generator and protects them from the weather.
f. Rotor: The blades and hub of the wind turbine that rotate during turbine operation.
g. Wind Monitoring or Meteorological (“test”) Towers: A temporary tower equipped with devices to measure wind speeds and direction, and used to determine how much wind power a site can be expected to generate.
(3) Applicability
A Land-based Wind Energy Facility may not be issued a building permit unless or until a special permit has been issued by the Planning Board, irrespective of whether the use is a principal or accessory use. The Planning Board shall approve, or approve with conditions, if the petitioner can fulfill the requirements of this section.
a. Wind monitoring or meteorological towers shall be exempt from height and other dimensional regulations of the Zoning Ordinance and shall follow the setback requirements of this section. Wind monitoring or meteorological towers over a height of 200 feet shall require a Special Permit from the Planning Board. Wind monitoring or meteorological towers equal to or less than 200 feet in height shall be allowed as a matter of right subject to the issuance of a building permit for a temporary structure.
b. This section specifies where Wind Energy Facilities shall be permitted by Special Permit (SP) and where Wind Energy Facilities are (N) not allowed. Additionally:
i. Wind Energy Facilities shall be allowed on all land owned by the City of Salem.
ii. Wind Energy Facilities shall not be permitted on lots less than 40,000 square feet.
|
RC |
R1 |
R2 |
R3 |
B1 |
B2 |
B4 |
B5 |
I |
BPD |
NRCC |
Residential Scale |
SP |
SP |
SP |
SP |
SP |
SP |
SP |
N |
SP |
SP |
SP |
Commercial Scale |
N |
N |
N |
SP |
N |
N |
N |
N |
SP |
SP |
N |
c. All wind energy facilities shall be constructed and operated in locations that minimize any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the Planning Board finds:
i. the specific site is an appropriate location for such use;
ii. the use will not adversely affect the neighborhood;
iii. there will be no serious hazard to people or vehicles from the use;
iv. no nuisance will be created by the use; and
v. adequate and appropriate facilities will be provided for the proper operation of the use.
(4) Site Control
The applicant shall submit documentation of the legal right to install and use the proposed facility at the time of application for a Special Permit. Documentation should also include proof of control over the setback area. Control shall mean legal authority to prevent the use of any structure within the setback area for human habitation or other use permitting human occupancy.
(5) Proof of Liability Insurance
Prior to the issuance of a building permit, the applicant shall be required to provide evidence of liability insurance and documentation that said amount is sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.
(6) Special Permit Regulations
Proposed wind energy conversion facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable electrical, construction, noise, safety, and environmental and communications requirements. All wind energy conversion facilities shall comply with the requirements set forth in this section, unless waived by the Planning Board.
a. Height
Commercial Scale Wind Energy Facilities shall be no higher than 400 feet; Residential Scale Wind Energy Facilities shall be no higher than 150 ft. The height shall be measured from the natural grade to the highest point reached by the rotor blades. The Planning Board may allow this height to be exceeded as part of the special permit process if the project proponent can demonstrate that the additional height is needed and that the additional benefits of the higher tower outweigh any increased adverse impacts.
b. Monopole Towers
Monopole towers are the preferred type of support for wind turbines.
c. Setback or Clear Area
The following setbacks shall be observed:
i. The minimum distance from the base of any wind turbine tower to any property line shall be equal to 75% of the height of the structure or the setback provisions of the zoning district, whichever is greater;
ii. The minimum distance from the base of any wind turbine to any dwelling, business or institutional use shall be equal to the total height of the structure.
iii. The purpose of the setbacks is to provide a clear area, to be kept free of habitable structures. The clear area does not need to be cleared of trees and vegetation; to the extent possible, existing on-site trees and vegetation shall be preserved. Wetland buffer areas may be within the clear area.
iv. The Planning Board may reduce the setbacks as appropriate based on site specific considerations.
d. Visual Impact
The proponent shall demonstrate through project siting and proposed mitigation that the wind energy conversion facility minimizes any impact on the visual character of surrounding neighborhoods and the community. This may include, but not be limited to, information regarding site selection, turbine design, buffering, lighting and cable layout.
e. Color
Wind energy conversion facilities shall be painted a non-reflective color that blends with the sky and clouds.
f. Equipment Shelters
All equipment necessary for monitoring and operation of wind energy facilities should preferably be contained within the turbine tower. If this is not feasible, ancillary equipment
may be located outside the tower. Whenever reasonable, structures should be joined or clustered and contained either within an underground vault, enclosed within a separate structure, or shielded from view either by year-round landscaping or vegetated buffers to avoid adverse visual impacts.
g. Lighting and Signage
i. Wind turbines shall be lighted only if required by the Federal Aviation Administration (FAA). The proponent shall provide a copy of the FAA’s determination to establish the required markings and/or lights for the structure.
ii. Lighting of equipment, structures and any other facilities on site shall be shielded from abutting properties.
iii. Signs on the facility shall comply with the City of Salem’s sign regulations and be limited to those needed to identify the property and the owner and warn of any danger, and educational signs providing information on the technology and renewable energy usage.
h. Utility Connections
All utility connections from the commercial wind facility site shall be underground unless the applicant demonstrates by substantial evidence that the construction of such underground facilities would be unreasonable owing to circumstances relating to the solid conditions, shape or topography of such a site, or if the utility provider requires the connections to be above ground.
i. Land Clear/Open Space/Rare Species
Wind energy facilities shall be designed to minimize land clearing and fragmentation of open space areas and shall avoid permanently protected open space when feasible. Wind turbines should be sited to make use of previously developed areas wherever possible. Wind energy facilities shall also be located in a manner that does not have significant negative impacts on rare species, including avian species in the vicinity.
j. Noise
The wind energy facility and associated equipment shall conform to Massachusetts noise regulations (310 CMR 7.10). An analysis, prepared by a qualified engineer, shall be presented to demonstrate compliance with these noise standards and be consistent with the Massachusetts Department of Environmental Protection guidance for noise measurement.
k. Shadowing/Flickering
Wind energy conversion facilities shall be sited in a manner that does not result in significant shadowing or flicker impacts. The proponent has the burden of proving that this effect does not have significant adverse impact on neighboring adjacent uses either through siting or mitigation.
l. Safety Standards
No hazardous materials or waste shall be discharged on the site of any wind energy facility. If any hazardous materials are to be used on site, there shall be provisions for full containment of such materials or waste. An enclosed containment area, designed to contain at least 110 percent of the volume of the hazardous materials or waste stored or used on the site may be required to meet this requirement. The wind energy conversion towers shall also be designed to prevent unauthorized use.
(7) Submission Requirements
Fifteen (15) collated sets of application materials shall be submitted with any application for a Wind Energy Facility Special Permit. Application materials shall include all plans and materials required in this section:
a. Documentation
Applications must include: documentation of the legal right to install and use the proposed facility and proof of control over the setback or clear areas, proof of financial surety, proof of liability insurance, certification of lighting requirements from the FAA, certification of attainment for Federal Communications Commission (47 CFR Part 15) relating to interference with radio or television reception, and a statement that satisfies noise requirements
b. Site Plan Requirements
i. A one-inch-equals-200 feet vicinity plan, signed and sealed by a Registered Professional Engineer or Licensed Surveyor must be submitted showing:
ii. Property lines, buildings (including accessory structures), public and private roads within 300 feet of the subject property.
iii. Proposed location of wind energy conversion facility, including all turbines, fencing, associated ground equipment, transmission infrastructure, access roads, parking area and any other construction or development attendant to the wind energy conversion facility.
iv. Distances, at grade, from the proposed wind energy conversion facility to each building on the vicinity plan shall be shown.
v. The proposed changes to the existing property including grading and vegetation removal.
vi. A landscape plan showing existing trees and shrubs, as well as those proposed to be added, identified by size and species
vii. Tree cover and average height of trees on the subject property and adjacent properties within 300 feet.
viii. Contours at each two feet Above Mean Sea Level for the subject property and adjacent properties within 300 feet.
ix. Zoning district designation for the subject parcel
c. Elevations
Elevations shall be either at a 1/4’ or 1/8’ inch scale showing views at-grade from the north, south, east and west for a 50-foot radius around the proposed wind energy facility.
Elevations shall show all equipment, security barriers, structures, existing and proposed trees and shrubs, and grade changes.
d. Photographs and Sight-line Diagrams
i. Color photographs of the current view shall be submitted from at least two locations to show the existing conditions.
ii. Each of the existing condition photographs shall have the proposed wind energy facility superimposed on it to accurately simulate the proposed wind energy facility.
iii. Color photographs of the existing conditions at the base of the proposed turbine site shall be submitted. These photographs shall serve as the documentation of the natural condition of the site.
iv. Sight-line diagrams from at least two locations, such as a public roadway or the closest habitable structure, shall be depicted in profile drawings at a scale of one inch equals 40 feet. The diagrams shall show the lowest point of the turbine visible from each location and all intervening trees and buildings.
Figure 1: Example Site-line Diagram
e. Materials & Colors
Specifications for the proposed wind energy facility shall be provided for all equipment and attendant facilities.
f. Balloon or Crane Test
Prior to, or at the time of filing an application for a Special Permit, the applicant shall arrange for a balloon or crane test at the proposed site to illustrate the height of the proposed facility. The date, time, and location of such test shall be advertised in a newspaper of general circulation at least 14 days, but not more than 21 days prior to the test. In addition, notice shall be provided to 300 ft abutters and abutting municipalities. Notice of the Balloon test may be combined with the notice of the public hearing.
(8) Professional Fees
The City may retain a technical expert/consultant to verify information presented by the applicant at the cost of the applicant.
(9) Utility Notification
No residential scale wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer’s intent to install an interconnected customer owned generator. Off grid systems shall be exempt from this requirement.
(10) Use by Telecommunications Carriers
Wind energy conversion facilities may be used to locate telecommunications antennas, subject to applicable regulations governing such uses, and subject to the following requirements:
a. all ground mounted telecommunications equipment shall be located in either a shelter within the turbine tower or otherwise screened from view year-round; and
b. antennas should be flush-mounted to be keeping in the design of the wind turbine tower; and
c. all cabling associated with the personal wireless facility shall be contained within the tower structure or enclosed within a conduit painted to match the turbine mount.
(11) Term of Special Permit.
A Special Permit issued for any wind energy conversion facility shall be valid for 25 years. At the end of that time period, the wind energy conversion facility shall be removed by the applicant unless a renewal or extension of the Special Permit is granted by the Planning Board. Upon request, the Planning Board may extend, renew, or modify the Special Permit if the operation of the facility is satisfactory.
(12) Monitoring and Maintenance
a. After the wind energy conversion facility is operational, the owner shall submit to the City at annual intervals from the date of issuance of the Special Permit, a report detailing operating data for the facility.
b. Notice shall be provided to the City of any change of ownership.
c. The owner shall maintain the wind energy conversion facility in good condition. Such maintenance shall include, but not be limited to, painting, structural integrity of the foundation, the support structure, the security barrier (if applicable) and maintenance of the buffer areas and landscaping if present.
(13) Abandonment or Discontinuation of Use
a. At such time that a wind energy conversion facility is scheduled to be abandoned or discontinued, the applicant will notify the City of Salem by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. In the event that an applicant fails to give such notice, a wind energy facility will be considered to be abandoned if it is not operated continuously for a period of one year, or if it is designated as a safety hazard by the building commissioner.
b. Upon abandonment or discontinuation of use, the owner shall physically remove the wind energy conversion facility within 90 days, unless an extension is granted by the Planning Board. “Physically remove” shall mean removal of all equipment and restoration of the location to its natural condition as shown in the baseline documentation photos except that, new landscaping and grading done as part of the turbine installation may remain.
c. If the applicant fails to remove a wind energy conversion facility in accordance with this section, the City shall have the authority to enter the subject property and physically remove the facility. The applicant may be required to provide a form of surety at the time of construction to cover the costs of the removal in the event the City must remove the facility. The applicant shall submit a fully inclusive estimate of costs associated with removal, prepared by a qualified engineer. The amount of the surety should be for 150% of the cost at the time. The amount shall include a mechanism for a Cost of Living Adjustment after 10 and 15 years.
#556 – TRIAL PERIOD ON OCTOBER 31, 2008 MUNICIPAL LOTS FOR RESIDENT PARKING
The following Order, recommended by the Mayor, was adopted.
ORDERED: For trial purposes only, on October 31, 2008, the parking meter zones at the Crombie Street municipal parking lot and Sewall Street municipal parking lot may be reserved for downtown residents. Upon successful completion of the trial period and recommendation of the police traffic division, the Mayor may submit a request to the City Council to amend the City of Salem Traffic Code to permit the above reference metered lots to be reserved each year on October 31st for downtown residents possessing a resident parking sticker.
#557 – ORDINANCE TRAFFIC, TWO HOUR PARKING LIMIT
The following Ordinance, recommended by the Mayor, was received after the deadline of Tuesday noon under suspension of the rules. It was referred to the Committee on Community and Economic Development.
In the year two thousand and eight
An Ordinance to amend an ordinance relative to Chapter 42, Division 2. Parking Meters
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Section 56 entitled Zones Established is hereby amended by deleting any reference to parking meters zones established with a “One Hour Limit” or “One Hour Parking” and replacing such with the following:
“Two Hour Limit.”
Section 2. Section 57 entitled Parking Time Limited; Hours of Operation is hereby amended by deleting the phrase “one hour” in the first sentence and replacing such with the following:
“two hours.”
Section 3. Section 63 entitled Fees is hereby amended by deleting the phrase “$0.25 per hour” with the following:
“$0.25 per half hour.”
Section 4. This Ordinance shall take effect as provided by City Charter.
#558 – ORDINANCE, TRAFFIC, PARKING TIME LIMITED, LORING AVENUE
Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eight
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 Salem, as follows:
Section 1. Loring Avenue, southwesterly side from the crosswalk at Linden Street and extending in a southwesterly direction for a distance of 216 feet to the handicap area as marked by signs, Two (2) Hour Parking, 6:00 A.M. – 6:00 P.M. Monday through Friday. Parking Time restricted not a tow zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#559 – ORDINANCE, TRAFFIC, PARKING TIME LIMITED, LAFAYETTE STREET
Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, “Parking Time Limited, Unmetered Zones”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Lafayette Street, westerly side beginning at the end of Handicapped zones in front of Meir Hall and extending in a southerly direction 526 feet to the intersection of College Drive as marked by signs, Two (2) Hour Parking, 6:00 A.M. – 6:00 P.M., Monday through Friday. Parking time restricted, not a tow zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#560 – ORDINANCE, TRAFFIC, PARKING TIME LIMITED, LAFAYETTE STREET
Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, “Parking Time Limited, Unmetered Zones”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Lafayette Street, westerly side beginning fifteen (15) feet from Loring Avenue for a distance of 429 feet in a southerly direction as marked by signs, Two (2) Hour Parking, 6:00 A.M. – 6:00 P.M., Monday through Friday. Parking time restricted, not a tow zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#561 – ORDINANCE, TRAFFIC, PARKING TIME LIMITED, LINCOLN ROAD
Councillor O’Keefe introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, “Parking Time Limited, Unmetered Zones”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Lincoln Road, from the property line of #18 Lincoln Road for a distance of forty-nine (49) feet along the Pickman Park playground, “One Hour Parking.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#562 – ORDINANCE, TRAFFIC, HANDICAP PARKING, LIMITED TIME, BUFFUM STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and eight
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, “Handicap Parking, Limited Time”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Buffum Street, in front of #40, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#563 – YEAR TO DATE BUDGET REPORT DATED AUGUST 31, 2008
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated August 31, 2008, be received and placed on file.
#564 – FINANCIAL REPORT FOR JULY AND AUGUST
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Financial Report for July and August 2008, be received and placed on file.
#565 – PLANNED UNIT DEVELOPMENT CHANGES
Councillor Sargent introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development co-posted with the Committee of the Whole meet to review and make any changes that they feel may be necessary to any and all sections of the City of Salem Code of Ordinances and the City of Salem Zoning Ordinances that pertain to the Planned Unit Development commonly referred to as P.U.D.
#566 – VEHICLE FOR HIRE APPLICATION FOR PEDICABS
Councillor O’Keefe introduced the following Order, which was adopted.
ORDERED: That the enclosed Vehicle for Hire License Application for two (2) Pedicab Licenses for Salem Pedicab be granted.
#567 – (#543, #544) - VEHICLE FOR HIRE OPERATOR LICENSE
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Vehicle for Hire Operator License Application, has considered said matter and would recommend that the license be granted.
#568 – (#537, #538) – GRANTING CERTAIN 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:
PUBLIC GUIDES John Pension, 123 Dayton St., Danvers
Paul Stream, 53 Washington Sq., Salem
Thomas Vallor, 83 Essex St., Salem
Josh DeVries, 16 Andrew St., Salem
Michael Harris, 41 Federal St., Salem
Collen White, 28 High St., Salem
TAG DAY Salem Youth Football, October 25, 2008 & November 15, 2008
#569 – (#540) – VEHICLE FOR HIRE LICENSE PEDICAB
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 Vehicle for Hire License Applications. One Pedicab License for Historic Salem Pedicab Tours and One additional Pedicab License for Witch City Rickshaw, has considered said matter and would recommend that the application for 1 Pedicab for Historic Salem Pedicab Tours be granted.
#570 – PEDICAB APPLICATIONS AND REGULATIONS
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 Pedicab applications and regulations, has considered said matter and would recommend that a Committee for the Regulation of Pedicabs be formed and the following City Council members be appointed to the Committee: Councillor Steven Pinto, Chairman, Councillor Jean Pelletier, Councillor Jerry Ryan and Councillor Robert McCarthy.
#571 – (#517) – ACCEPT MASS. GENERAL LAW CHAPTER 44, SECTION 64
Councillor Prevey offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Furey, Lovely, McCarthy, O’Keefe, Pelletier, Pinto, Prevey,
Ryan, Sargent and Veno were recorded as voting in the affirmative. Councillor Sosnowski was recorded as voting in the negative.
The Committee on Administration and Finance to whom was referred the matter of accepting Massachusetts General Law Chapter 44, Section 64, “Payments of Bills Incurred in Excess of Appropriation”, has considered said matter and would recommend adoption.
A motion for immediate reconsideration in the hopes it does not prevail was denied.
#572 – RECIND 1958 ORDER FOR 13 FORT AVENUE PARCEL
The following Order, submitted by the City Solicitor, was received after the deadline of Tuesday noon under suspension of the rules. It was referred to the Committee on Administration and Finance and to be reported out at the next City Council meeting.
ORDERED: (1) That City Council Order #498 dated May 8, 1958, is hereby rescinded because the conveyance authorized by the Order was not executed.
(2) That the City of Salem convey to Ralph C. Martin Jr. of 13 Fort Avenue, Salem, Massachusetts the land shown as Parcel B on a plan entitled “Subdivision Plan of Land located in Salem, Massachusetts prepared by Eastern land Survey Associates, Inc., Christopher R. Mello, PLS, 104 Lowell Street, Peabody, Massachusetts, scale 1” = 10’, September 22, 2008, prepared for the City of Salem.” Said Parcel B contains 1,181 square feet, more or less.
(3) That the Mayor be and hereby is authorized to sign, execute and deliver the proper instrument to convey the property, but not until such time as a like instrument conveying Parcel A on the above-reference plan is executed by Martin to the City of Salem or Salem Housing Authority as deemed proper by the City Solicitor.
#573 – BLOCK PARTY
The following request to hold a Block Party for Lee Street on October 11, 2008 was granted.
#574 – #576 - LICENSE APPLICATIONS
The following Tag Day license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Knights of Columbus, October 10, 2008 & October 13, 2008
S.H.S. Girls Volleyball, October 12, 2008
S.H.S. Hockey Team, November 29, 2008 & December 13, 2008
#577 - #578 – LICENSE APPLICATIONS
The following Tag Day license applications were granted.
TAXI OPERATOR Juan Roman, 24 Ward St., #1. Salem
Edward Churchill III, 100 Rantoul St., Beverly
Ricardo Villanngua, 26 Prince St., Salem
Jose Baez, 76 Palmer St., Salem
VEHICLE FOR HIRE Edward Bergmann, 85 Liberty St., Danvers
(Operator Only)
#579 - #580 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Lawrence Maillet, 36 Newhall St., Saugus
Philip Little, 61 Memorial Dr., Salem
#581 – BOND
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Lisa Wixon, 26 Harvard Cir., Needham,
(#473) –SECOND PASSAGE 0RDINANCE AMENDING TRAFIC, HANDICAP PARKING
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Section 50B, Upham Street, was then taken up. The Ordinance was adopted for second and final passage.
(#473) – SECOND PASSAGE - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING
The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking Section 50B, 11 ½ Sutton Avenue, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Pinto the meeting adjourned at 9:25 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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