A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 8, 2009 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 2, 2009 at 8:30 A.M.
All Councillors present.
Council President Paul Prevey presided.
Councillor Furey moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Prevey requested that everyone please rise to recite the Pledge of Allegiance.
(#706) - PUBLIC HEARING - EXTENDED HOURS OF OPERATION JADE HOUSE, 331 LAFAYETTE STREET
Appearing in favor:
Kate Min Sa representative for Jade House. Due to request of customers the petition was filed for extended hours of operation.
Appearing in opposition:
Frank Cappuccio resident of Lafayette Street who stated he was opposed due to the residential area.
Councillor Veno also stated he is opposed. He received a number of phone call and emails and believes this will not work in this location.
Councillor O’Keefe moved that the hearing be closed. It was so voted.
Councillor O’Keefe moved that the petition be denied. It was so voted.
#4 – #5 APPOINTMENTS TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointments of the following with terms to expire:
Amy Alpert, 8 Lightning Lane, Salem Term to expire January 1, 2012
Sara Fiore, 21 Summit Avenue, Salem Term to expire January 1, 2012
Beverly Moustakis, 23 Dearborn St., Salem Term to expire April 1, 2010
Councillor Veno moved to divide the question. It was so Voted.
The appointments of Amy Alpert and Sara Fiore were confirmed under suspension of the rules.
The appointment of Beverly Moustakis was held under the rules.
Councillor Pelletier requested and received unanimous consent to suspend the rules to allow Ms. Alpert and Ms. Fiore to speak.
#6 – APPOINTMENT OF CAROLE MCCAULEY TO CONSERVATION COMMISSION
The Mayor’s appointment of Carole McCauley to the Conservation Commission with a term to expire January 1, 2012 was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillors Veno, Sosnowski, Sargent, Ryan, Pinto, Pelletier, O’Keefe, McCarthy, Lovely Furey and Prevey were recorded as voting in the affirmative.
Councillor Sosnowski requested and received unanimous consent to suspend the rules to allow Ms. McCauley to speak.
#7 – REAPPOINTMENT CONSTABLE
The Mayor’s reappointment of Richard Hardy to serve as a Constable with a term to expire January 18, 2012, was received and placed on file.
#8 – APPR. TO PUBLIC SERVICES – WATER EQUIPMENT
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Public Services – Water Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#9 – TRANSFER TO PUBLIC PROPERTY BUILDING MAINTENANCE – OVERTIME
The following Order, recommended by the Mayor, was adopted.
ORDERED: That the sum of One Thousand Dollars ($1,000.00) is hereby transferred from the “Public Property Inspections – Full Time Salary” account to the “Public Property Building Maintenance – Overtime” account in accordance with the recommendation of Her Honor the Mayor.
#10 – ORDINANCE RELATIVE TO NEWSPAPER RACKS ON CITY SIDEWALKS
The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs
In the year two thousand and nine
An Ordinance to amend an Ordinance relative to newspaper racks on city sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 38, Streets and Sidewalks, is hereby amended by adding a new Section as follows:
“Sec. 38-23. Newspaper racks on sidewalks.
(a) Purpose. The purpose of this legislation is to permit the placement of newspaper racks on public sidewalks, while controlling the inconvenience, interference with pedestrian traffic, vehicular traffic and danger to the public that could be caused by unregulated placement of newspaper racks.
(b) Definitions.
(1) Newspaper racks are any free or coin operated self-service operated box, container, storage unit or other dispenser installed, used, or maintained for the display and sale of newspapers, periodicals, advertisements or like printed material.
(2) The inspectional services director shall include his or her designee.
(c) Licensing and Regulation.
(1) No person shall install, use or maintain any newspaper rack which in whole or in part rests upon, in or over any public sidewalk, when such installation, use or
maintenance endangers the safety of persons or property, or when such site or location is used for public utility purposes, public transportation purposes or other governmental use, or when such newspaper rack unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress into or egress from any residence or place of business, or the use of poles, posts, traffic signs or signals, hydrants, mailboxes, or other objects permitted at or near said location.
(2) It shall be unlawful for any person or entity to install or maintain any newspaper rack upon, in or over any public sidewalk without a valid license issued by the inspectional services director. Any person or entity seeking to install or maintain any newspaper rack shall apply for a license with the inspectional services director. The application shall indicate:
(i) The location of each newspaper rack to be installed and/or maintained in the city by the applicant;
(ii) The name, address, and telephone number of the applicant; and
(iii) The name of the news periodical.
If said application is approved, the inspectional services director shall issue a license upon receipt of a $30.00 processing fee. Each license holder shall be given a vendor number and every individual newspaper rack shall be issued a rack number. Both the vendor and rack numbers shall be affixed to the newspaper rack so that it is visible by the public. The inspectional services director may deny an application for a newspaper rack if said newspaper rack will interfere with any activity within a public sidewalk or public way, or if said director determines that the applicant has a history of not maintaining any newspaper rack they currently have located within the city. If the inspectional services director denies an application for newspaper rack in whole or in part due to the proposed
location of a newspaper rack, the applicant may amend his/her applicant to propose an alternative location for the newspaper rack.
(3) No newspaper rack shall be chained, bolted or otherwise attached to any property without the permission of the owner or person in possession of the property; newspaper racks may not be chained or otherwise attached to one another; each newspaper rack shall be maintained in a clean, neat and attractive condition, and also shall be in good repair at all times.
(4) Every person or entity which maintains a newspaper rack upon a public sidewalk must affix its name, address and telephone number to the newspaper rack in a place where such information is visible.
(5) The inspectional services director may revoke a newspaper rack license for violation of this ordinance or for other cause. The revocation of a newspaper rack license may be appealed in writing within seven business days to the city council and a hearing will be scheduled for one of the next two regularly scheduled meetings of the city council. During an appeal period, including the seven business days to file an appeal with the city council, the inspectional services director may not direct the director of public services to remove any newspaper rack, unless such newspaper rack poses a public safety concern with pedestrian movement on a public sidewalk, vehicular traffic on a public way or causes any other hazard. See subsection (8).
(6) Each license issued under this ordinance shall continue in force for two years from the date of its issue, unless sooner revoked by the inspectional services director. A license issued under this ordinance may be renewed by the inspectional services director.
(7) Every person or entity which places or maintains a newspaper rack on a public sidewalk in the city shall file a written statement with the inspectional services director satisfactory to the city solicitor whereby it agrees to indemnify, protect and save harmless the city and its respective officers, city council members, boards, employees and agents from any and all claims and liability of death and injury to persons or damage to property that may arise from or be directly or indirectly caused by the installation, use, or maintenance of any newspaper rack within the city.
(8) The director of public services, at the direction of the inspectional services director, shall remove any newspaper rack which violates this ordinance. Before removal, the inspectional services director shall send a written notice via first class mail to the owner of the newspaper rack demanding removal within ten days from receipt of the notice. No prior notice is required if such newspaper rack poses a public safety concern with pedestrian movement on a public sidewalk, vehicular traffic on a public way or causes any other hazard. Upon removal for such cause, the inspectional services director shall notify the newspaper rack owner through written notice that his or her newspaper rack has been removed and is being stored at the department of public services.
(d) Penalties. Any person or entity violating any section of this ordinance shall be punished by a fine not to exceed $50.00 for each and every offense.”
Section II. This Ordinance shall take effect as provided by City Charter.
#11 – APPR. FOR PURCHASE OF AUTOMATIC LICENSE PLATE READER FOR POLICE DEPARTMENT
Received after the deadline of Tuesday noon under suspension of the rules.
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Twenty Two Thousand Dollars ($22,000.00) is hereby appropriated from the “Capital Outlay Equipment” account to be expended for the purchase of Automatic License Plate Reader for the Police Department in accordance with the recommendation of Her Honor the Mayor.
#12 – FINANCIAL REPORT DATED NOVEMBER 30, 2008
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the monthly Financial Report dated November 30, 2008, be received and placed on file.
#13 – YEAR TO DATE BUGET REPORT
Councillor Veno introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated December 31, 2008, be received and placed on file.
#14 – (#651, #707 - #711) 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.
PUBLIC GUIDE Amanda Prouty, 300 Essex St., Salem
SEAWORMS Jose Machado, 3 Emmett St., Peabody
Analiano Silva, 25 Driscoll St., Peabody
Manuel N. Silva, 80 Northend St., Peabody
Manuel P. Silva, 52 Paleologos St., Peabody
SECOND HAND
VALUABLE Treasures Over Time, 139 Washington St., Salem
TAG DAY Salem High School Gymnasium, January 10, 2009
VEHICLE FOR
HIRE Friendship Carriage Tours, 13 Crombie St., Salem
#15 – ELECTION CALENDAR
A communication from City Clerk Cheryl LaPointe submitting the Election Calendar for 2009, was received and placed on file.
CITY OF SALEM
ELECTION CALENDAR
2009
PRELIMINARY & CITY ELECTION MINIMUM REQUIRED CERTIFIED SIGNATURES
(WARD – 25) (CITY WIDE – 100)
Friday JULY 31 * 5:00 P.M. Last day and hour for taking out nomination papers
Tuesday AUGUST 4 ** 5:00 P.M. Last day and hour for filing all nomination
Papers and petitions with Board of Registrars
of voters for certification of signatures
Tuesday AUGUST 18 5:00 P.M Last day and hour for filing certified nomination
papers by Board of Registrars of Voters with
City Clerk
Thursday AUGUST 20 5:00 P.M Last day and hour for filing objections and/or
withdrawals to nomination papers.
Thursday AUGUST 20 *** 5:05 P.M. Drawing for places on ballot, by lot, by City
Clerk. Candidate or representative may be
present
Wednesday AUGUST 26 8:00 P.M. LAST DAY TO REGISTER VOTERS FOR
PRELIMINARY
Tuesday SEPTEMBER 15 P R E L I M I N A R Y E L E C T I O N
Monday, SEPTEMBER 21 5:00 P.M. LAST DAY & HOUR TO FILE FOR A RECOUNT
Monday, SEPTEMBER 21 *** 5:05 P.M. Drawing for places on ballot, by lot, by City
Clerk. Candidate or representative may be
present
Wednesday OCTOBER 14 8:00 P.M LAST DAY TO REGISTER VOTERS FOR
ELECTION
Tuesday NOVEMBER 3 B I E N N I A L E L E C T I O N
· Nomination forms to candidates only or their agents appointed in writing
** Registrars need not certify more names than required plus 20%
*** Meeting held in Council Chambers. City Clerk will draw positions
ATTEST: ___________________________________
CHERYL A. LAPOINTE, CITY CLERK
IMPORTANT: All candidates must comply fully with CAMPAIGN FINANCE LAW
(Chapter 55 of the General Laws)
#16 – (#676) - COMMUNICATION FROM PLANNING BOARD REGARDING RECOMMENDATION
Received after the deadline of Tuesday noon under suspension of the rules.
A Communication from Charles Puleo, Chairman of the Planning Board submitting the Planning Board’s recommendation for the Zoning Ordinance amendment of Planned Unit Development granting Special Permit by adding Business Park Development, was received.
A motion by Councillor O’Keefe to adopt the Zoning amendment for first passage and refer the matter to the Committee of the Whole and to report out at the next Council meeting was adopted by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Veno, Ryan, Pinto, Pelletier,
O’Keefe, McCarthy, Lovely, Furey and Prevey were recorded as voting in the affirmative. Councillors Sosnowski and Sargent were recorded as voting in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
PREAMBLE:
Whereas there are a number of vacant and underutilized parcels in the BPD district;
Whereas it is in the best interest of the health, safety, and general welfare of the community to see these parcels constructively utilized;
Whereas the intent of the zoning ordinance is to encourage the most appropriate use of land throughout the city; and
Whereas the Business Park Development (BPD) District is the only business district in the City of Salem that does not allow a Planned Unit Development (PUD);
NOW, THEREFORE,
In the year two thousand and eight
An Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Article VII of the City of Salem Zoning Ordinance is hereby amended by adding the following language to Section 7-15 Planned Unit Development:
1. Add “BPD Business Park Development District” to Section (a) allowing the Planning Board to grant a special permit for PUD in a BPD in accordance with all the requirements of the Ordinance.
2. Add a new Section (c) (6) as follows:
(1) In the Business Park Development (BPD) district, residential uses and associated improvements, such as parking and landscaping, cannot exceed 50% of the land area of the parcel(s); or in the case of mixed use buildings, residential uses cannot exceed 50% of the gross square footage of the proposed development.
(2) The maximum number of stories of any building containing residential units in the BPD District is four stories.
Section 2. This Ordinance shall take effect as provided by City Charter.
#17 – REQUEST FOR ROAD RACE FROM SALEM STATE COLLEGE
The request from Salem State College to hold a road race and fun walk on Sunday, May 3, 2009 at 9:00 A.M., was approved.
#18 – #23 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
JUNK DEALER Frederick W. Hutchinson, 15 Robinson Rd., Salem
PUBLIC GUIDE Merrill Kohlfofer, 44 Beaver St., Salem
Carole Hartling, 37 Peach Highlands, Marblehead
Brigitta Amsler, 286 Ocean Ave., Marblehead
SEAWORMS John Silva, 10 Almeda St., Salem
SECOND HAND
VALUABLE Filigree & Fancy, Pickering Wharf, Salem
TAG DAY S.H.S. Hockey Cheerleading, Feb. 1, 2009 & Feb. 22, 2009
S.H.S. Concert Band, Feb. 28, 2009
#24 - TAXI OPERATOR LICENSE APPLICATIONS
The following Taxi Operator license applications were granted.
TAXI OPERATOR Michael Paciulli, 50 Jenness St., Lynn
William J. Flynn Jr., 3 Oakland St., Salem
Dave M. Doherty, 23 Bresnahan St., Peabody
S. Gregory Jamieson, 43 Roslyn St., Salem
Jose L. Munoz, 46 Peabody St., Salem
TAXI OPERATORS
CONTINUED Rafael E. Pena, 373 Chestnut St., Lynn
Shane Kieran, 18 ½ Becket St. #2, Salem
Hipolito Ozoria, 33 Park St., Salem
Gary Richard, 122 Bridge St., Beverly
Robert J. Corriveau Jr., 78 Endicott St., Peabody
Tammy Meja, 106 Boston St., #3, Salem
Donald MacPherson, 13 Bresnahan St., Peabody
Robert Berzon, 135 Grove St., Melrose
Edwin Gonzalez, 106 Lafayette St., Salem
Wilfredo Badillo, 107 Bridge St., Salem
Kevin Guilfoyle, 16 Northend Ave., Salem
Roberto Pacheco, 31 Salem St., #2L, Salem
David A. Beauchamps, 45 Endicott St., Salem
#25 – TAXI OPERATOR LICENSE APPLICATION
The following Taxi Operator license application was denied.
TAXI OPERATOR Micheal Buckley, 14 Mason St., #3, Salem
#26 – #27 DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer / Contract Operator Licenses were granted.
EQ Enterprise Inc., 452 Essex St., Beverly
John F. Peterson Enterprise, 210 Broadway, Salem
#28 - #29 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Brad Dobrein, Trustee for Bowditch Place Condo Trust, 35 Flint St., Salem
Duane Sherman, 3 North Pine St., #1, Salem
On the motion of Councillor O’Keefe the meeting adjourned at 8:30 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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