A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
May 27, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on May 21, 2010 at 11:51 A.M. This meeting is being taped and is live on
S.A.T.V.
All Councillors were present.
Council President Robert McCarthy presided.
Councillor Sosnowski moved to dispense with the reading of the record of the previous meeting. It was so voted.
President McCarthy requested that everyone please rise to recite the Pledge of Allegiance.
#339 – MANHOLE AT 50 ST. PETER STREET FOR NATIONAL GRID
A hearing was held on the order from National Grid to install one manhole at 50 St. Peter Street, which was granted.
Appearing in favor:
There was no representative from National Grid.
Councillor Sosnowski spoke that this was relative to the Salem Jail for electrical purposes.
Councillor O’Keefe agreed to support the previous Councillor.
There was no one appearing in opposition.
Councillor Sosnowski moved that the hearing be closed. It was so voted.
Councillor Sosnowski moved that the Order be granted. It was so voted.
(#320) – REVOCATION OF INFLAMMABLE LICENSE FOR 72 FLINT STREET
A hearing was held on the petition from Alan Zion, president of Salem Suede, to revoke the inflammable license to keep/store inflammables at 72 Flint Street.
Appearing in favor:
A letter of support was submitted by Fire Chief Cody.
Councillor Prevey supports the revocation of inflammable license.
Councillor Pelletier stated his support of the revocation.
Councillor O’Keefe stated that the license for inflammables goes with the land and this needs to be revoked as the tanks have been removed.
There was no one appearing in opposition.
Councillor Prevey moved that the hearing be closed. It was so voted.
Councillor Prevey moved that the petition to revoke the inflammable license be granted. It was so voted.
#340 – APPOINTMENT OF ROBERT CURRAN TO THE SALEM REDEVELOPMENT AUTHORITY
The Mayor’s appointment of Robert Curran to serve on the Salem Redevelopment Authority for a term to expire February 1, 2012, was held until the next meeting of June 10, 2010.
#341 – EXPIRATION DATE OF RANDY CLARK ON THE PLANNING BOARD
The Mayor submitting a correction due to a clerical error, of Randy Clarke’s term of expiration on the Planning Board. The correct expiration date is July 1, 2011, was received and placed on file.
#342 – TRANSFER TO COLLECTORS OFFICE FOR NEW SECURITY SYSTEM
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Two Thousand One Hundred Forty Dollars and Eighty Cents ($2,140.80) is hereby appropriated to the “Capital Outlay – Equipment” account to be expended for the purchase of a new security system for the Collectors Office in accordance with the recommendation of Her Honor the Mayor.
#343 – ACCEPT DONATION FOR ESSEX COUNTY SUMMER CAMP PROGRAM
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donations from the City of Lynn in the amount of Three Thousand Dollars ($3,000.00) to fund the Essex County Summer Camp Program. These funds will be deposited into the Police Department Essex County Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#344 – ACCEPT DONATION FOR ESSEX COUNTY SUMMER CAMP PROGRAM
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donations from the City of Peabody in the amount of Two Thousand Five Hundred Dollars ($2,500.00) to fund the Essex County Summer Camp Program. These funds will be deposited into the Police Department Essex County Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#345 – COMMUNICATION FROM THE MAYOR TO MAKE A PRESENTATION REGARDING
5 BROAD STREET
A Communication from the Mayor requesting to make a presentation to the Council regarding 5 Broad Street, was referred to the Committee of the Whole.
#346 – ORDINANCE TRAFFIC HANDICAP PARKING IRVING STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
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. Irving Street in front of #3, for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#347 – MONTHLY FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated April 30, 2010, be received and placed on file.
#348 – USE OF ALCOHOL ON PUBLIC PROPERTY
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss and review the use of alcohol on public property as written in Salem Code of Ordinances, Chapter 24 Section 24-19.
#349 – INSTALLATION OF SECURITY CAMERAS AT THE SALEM COMMON TOT LOT
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Community and Economic Development meet to discuss the installation of security camera(s) be installed to oversee the Tot Lot Playground area on the Salem Common. And that the following be invited, representative from the Police Department, Mayor or her representative, representative of the Salem Common Neighborhood Association.
#350 – ORDINANCE TRAFFIC HANDICAP ZONE, SALEM STREET (BEHIND SALTONSTALL SCHOOL)
Councillor Ronan introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and ten
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50A, “Handicapped Zone”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Salem Street, beginning at the entrance of the student drop off behind Saltonstall School and continuing for twenty (20) feet. “Handicapped Parking only, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#351 – ORDINANCE AMENDING ZONING USE REGULATIONS
Councillor Ronan introduced the following Zoning Ordinance amendment, which was referred to the Planning Board to schedule a joint public hearing with the City Council.
In the year two thousand and ten
An Ordinance to amend ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Section 3.0 USE REGULATIONS of the City of Salem Zoning Ordinance is hereby amended by adding the following new section:
3.1.4 Not Allowed. A use listed in the Table of Principal and Accessory Use Regulations which is denoted by the letter “N” is not allowed without an amendment to these Zoning Ordinances enacted by the Salem City Council.
Section II. Section 3.0 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS is hereby amended by adding the following new row immediately following the row entitled Hospital:
B. Exemption and Institutional Uses
|
RC |
R1 |
R2 |
R3 |
B1 |
B2 |
B4 |
B5 |
I |
BPD |
Medical Clinic |
N |
N |
N |
N |
BA |
BA |
BA |
BA |
BA |
BA |
Section III. Section 3.0 C. Commercial Uses the following is hereby amended by deleting the words “including medical” after Business or Professional office.
|
RC |
R1 |
R2 |
R3 |
B1 |
B2 |
B4 |
B5 |
I |
BPD |
Business or professional offices including medical |
N |
N |
N |
N |
Y |
Y |
Y |
Y |
Y |
Y |
Section 3.0 C. Commercial Uses is hereby amended by adding the following row immediately following Marina; waterfront boat yard or yacht club:
|
RC |
R1 |
R2 |
R3 |
B1 |
B2 |
B4 |
B5 |
I |
BPD |
Medical and dental offices |
N |
N |
N |
N |
BA |
BA |
BA |
BA |
BA |
BA |
Section IV. Section 10.0 DEFINITIONS is hereby amended by deleting the following definitions in their entirety:
“Clinic, medical or dental: A building or buildings having facilities for diagnosis and minor treatment of humans, as differentiated from hospitals. The building may have doctors’ offices, x-ray rooms, laboratories, operating room for minor surgery, kitchen and diet kitchen facilities. The building will primarily be used for “out patient” or ambulatory patients and not for convalescent patients. However, not more than ten (10) beds may be provided for patients under diagnosis, for occupancy not to exceed four (4) days.”
“Medical center or clinic. A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.”
And by further amending Section 10.0 Definitions by adding the following new definitions:
“Medical Clinic: a clinic, dispensary, institute or other entity, however organized, whether conducted for profit or not for profit, which is advertised, announced, established or maintained for the purpose of providing medical surgical, physical, mental, addictive relief or other patient services. A Clinic may have examination rooms, x-ray rooms, laboratories, operating rooms for minor surgery and kitchen facilities. Medical clinics will primarily be used for “out patient” or ambulatory patients and not for convalescent patients. However, not more than ten (10) beds may be provided for patients under diagnoses, for occupancy not to exceed four (4) days.”
“Medical or dental office: An office building or part thereof not a “Medical Clinic”, “dispensary”, or “institute” but rather one or more practitioners engaged in a solo or group practice, whether conducted for profit or not for profit, and however organized, wholly owned and controlled by one or more of the practitioners.”
Section V. This Ordinance shall take effect as provided by City Charter.
#352 – USE OF CELL PHONES DURING COUNCIL MEETINGS
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the use of cell phones during Council meetings be reviewed by the Committee on Ordinances, Licenses and Legal Affairs for their ruling on what is allowed.
#353 – (#322 - #325) GRANTING LICENSES
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
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 approval of the following:
TAG DAYS S.H.S. Baseball, June 5 & 6, 2010
Salem Little League, June 12 & 26, 2010
Salem Legion Baseball, American Post #23, June 13 & 20, 2010
Disabled American Veterans #84, June 18 & 19, 2010
#354 – (#586) ZIP CARS
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Zip Cars, has considered said matter and would recommend that the matter be discharged from Committee.
#355 – (637) AMENDING ORDINANCE FOR ANY MOTION, ORDER OR RESOLUTION IMPACTING CITY BUDGET
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of discussing amending an Ordinance for any motion, order or resolution impacting the city’s budget, has considered said matter and would recommend that the matter be discharged from Committee.
#356 – (#94) PARKING IN FRONT OF DISTRICT COURT
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of parking in front of the District Court, has considered said matter and would recommend that the matter be discharged from Committee.
#357 – (#197) ONE DOLLAR ($1.00) SURCHARGE FOR TAXI OPERATORS
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a $1.00 surcharge for Taxi Operators, has considered said matter and would recommend that the matter be discharged from Committee.
#358 – (#14) TEXTING OR CELL PHONING WHILE DRIVING
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of banning texting and cell phoning while driving, has considered said matter and would recommend that the matter be discharged from Committee.
#359 – (#77) ORDINANCE RELATIVE TO SANDWICH BOARDS
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of to discuss an Ordinance relative to Chapter 4, Sandwich boards, has considered said matter and would recommend that the matter be discharged from Committee.
#360 – (#226) ORDINANCE RELATIVE TO CHAPTER 4, ARTICLE II SIGNS AND BILLBOARDS
Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of to discuss an Ordinance relative to Chapter 4, Signs and Billboards (Sandwich boards), has considered said matter and would recommend approval as amended in committee and adopt for first passage.
#361 – (#291) APPR. TO HUMAN RESOURCES – UNEMPLOYMENT
Councillor Prevey offered the following report for the Committee on Administration and Finance.
The Committee on Administration and Finance to whom was referred the matter of an appropriation of $115,000.00 from Fund Balance – Free Cash to Human Resource - Unemployment, has considered said matter and would recommend approval.
Councillor Pelletier left the Council Chamber.
#362 – (#295) APPR. TO PURCHASING – ADVERTISING
Councillor Prevey offered the following report for the Committee on Administration and Finance.
The Committee on Administration and Finance to whom was referred the matter of an appropriation of $5,000.00 from Fund Balance – Free Cash to Purchasing - Advertising, has considered said matter and would recommend approval.
#363 – (#222) TRANSFER TO TREASURER FOR CREDIT CARD FEES
Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a Transfer of $5,500.00 to Treasurer Credit Card Fees, has considered said matter and would recommend approval.
#364 – (#293) APPR. TO COUNCIL ON AGING – CONTRACTED SERVICES
Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of an appropriation of $15,000.00 to Council on Aging – Contracted Services, has considered said matter and would recommend approval.
#365 – BIKE RUN CYCLE FOR LIFE
A request from Cycle for Life to hold a Bike Run through Salem on September 11, 2010, was granted.
#366 – REQUEST FROM FREE MASONS TO RESERVE 4 PARKING SPACES
A request from the Free Masons to reserve four parking spaces near 70 Washington Street in order to hold a blood drive on June 16, 2010 from noon to 8:30 P.M. for the Red Cross and their donor’s, was approved.
#367 – PETITION FROM RESIDENT OF SOUTH PINE STREET
A petition from the residents of South Pine Street to make the street a one-way, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#368 – BLOCK PARTY
A request from the residents of Hemenway Road to hold a block party on Sunday, July 4th, 2010 from 9:00 A.M. to 5:00 P.M. with a rain date of Monday, July 5th, 2010, was granted.
#369 – BLOCK PARTY
A request from the residents of Pickman Park area to hold a block party on Saturday, July 3, 2010 from 3:00 P.M. to 9:00 P.M., was granted.
#370 - #371 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
JUNK DEALER United Recycling, 142 Canal St., Salem
SECOND HAND United Recycling, 142 Canal St., Salem
VALUABLE
#372 - #373 LICENSE APPLICATIONS
The following license applications were granted.
TAXI OPERATORS Sandra Monteiro, 26 Paleologos St., Peabody
James Cloutman, 18 Keys Dr. #7, Peabody
Larry Davis, 24 Sculpin Way, Swampscott
VEHICLE FOR HIRE Joel Cassidy, 35 March St., Salem
OPERATORS ONLY Shannon Cormier, 14 Laurel St., Salem
#374 – TAXI OPERATOR
The following license application was denied.
TAXI OPERATOR Robert Cloutier, 48 Balcomb St., Salem
#375 – REQUEST FOR HEARING
A request for hearing from Robert Cloutier on the denial of his taxi operator license, was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session on June 10, 2010 at 6:30 P.M.
#376 - #379 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Jane O’Keefe, 15 Osgood St., Salem
Max Engelhardt, 11 Williams St. #2, Salem
Karen Paul, 15 ½ Williams St. #2, Salem
Alex Barshersky, 177 Main St. Unit C, Peabody
Councillor McCarthy recused himself and left the Council Chamber.
(#298) – SECOND PASSAGE ORDINANCE AMENDING RENEWABLE ENERGY RESEARCH AND DEVELOPMENT PERMITTING
The matter of second and final passage of an Ordinance amending an Ordinance relative to Renewable Energy Research and Development Permitting was then taken up. The Ordinance was adopted for second and final passage.
(#302) – SECOND PASSAGE ORDINANCE TRAFFIC STOP SIGN MASON STREET, GROVE STREET
The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 49, Isolated Stop Signs Goodhue Street and Grove Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Ronan the meeting adjourned at 8:45 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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