A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
July 15, 2010 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on July 8, 2010 at 6:19 P.M. This meeting was taped and was live
on S.A.T.V.
All Councillors were present.
Council President Robert McCarthy presided.
Councillor Furey 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.
Councillor Pinto requested and received unanimous consent to hold a moment of silence in memory of “Pep” Cornaccio who passed away.
EXECUTIVE SESSION
Councillor Lovely moved to take out of order, under Communications from City Officials, the request of Solicitor Elizabeth Rennard, to hold an Executive Session to (1) discuss a suit filed against the City by Trickett Realty following the City Council’s revocation of Trickett’s Inflammables License for the automobile service station at 111 North Street. During the executive session, City Solicitor Elizabeth Rennard will discuss the City’s strategy with respect to this litigation. Discussing such strategy may have a detrimental effect on the litigation position of the City if this discussion takes place in open session. The request was withdrawn due to a rescheduling of the matter at court due to the death of the Judges father.
(2) Also a lawsuit filed against the City related to the so-called Beede Site, a used oil processing facility, where the City disposed of waste oil. Pursuant to Federal Law, any party that had waste oil dumped at the site is responsible for paying its share of the clean-up costs. During the executive session, Asst. City Solicitor Jerald Parisella will discuss the City’s liability and his proposed settlement of this suit. Attorney Parisella will discuss strategy with respect to this litigation and discussing such strategy may have a detrimental effect on the litigation position of the City if this discussion takes place in open session. It was so voted.
Councillor Lovely moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session, and at the end of the Executive Session, the regular meeting will continue by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative.
I
At the end of the executive session Councillor Lovely moved that the regular meeting be continued. It was so voted.
#438 – APPOINTMENT OF RONALD MALIONEK AS ASST. DIRECTOR OF PUBLIC SERVICES
The Mayor’s appointment of Ronald Malionek to serve as the City of Salem’s Assistant Director of Public Services with a term to expire on January 31, 2012, was confirmed under suspension of the rules by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. No one voted in the negative.
Councillor Prevey requested and received unanimous consent for suspension of the rules to allow Mr. Rennard to speak. Councillor O’Keefe requested and received unanimous consent for suspension of the rules to allow Mr. Malionek to speak.
#439 – #440 - CONSTABLES
The Mayor’s reappointment of the following to serve as Constables with the following terms was received and placed on file.
Donald Blakely, Jr., 257 Watertown St., Newton Term to Expire: June 29, 2011
Ronald Ledwell, 36 Vernon St., Weymouth Term to Expire: June 10, 2011
#441 – APPR. TO BE EXPENDED FOR INDIVIDUAL OF THE SCHOOL DEPT. FOR VACATION/SICKLEAVE BUYBACK
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Hundred and Ninety-Six Thousand, Seven Hundred and Sixty Dollars and Eighty Cents ($286,760.80) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” Fund to be expended for the retirement of individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.
Claire Anderson School Dept. 26,425.60
Philip Burke School Dept. 31,400.80
Christine Flynn School Dept. 26,425.60
John Fortunato School Dept. 30,332.00
Katherine Garlin School Dept. 27,079.20
Patricia Leonard-Russo School Dept. 28,397.60
Eileen Lowe School Dept. 26,425.60
Constance McNulty School Dept. 13,212.80
Diane O’Donnell School Dept. 32,415.20
Leslie Schwartz School Dept. 28,793.60
Donald Wilinski School Dept. 25,852.80
Total 296,760.80
#442 – APPR. TO THE STABILIZATION FUND
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of One Hundred and Fifty-Seven Thousand, Seven Hundred and Ninety-Six Dollars ($157,796.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Stabilization Fund” account in accordance with the recommendation of Her Honor the Mayor.
#443 – TRANSFER TO OFFSET DEFICIT BALANCES TO CLOSE THE BOOKS FOR FY2010
The following Order recommended by the Mayor, was adopted.
ORDERED: That the sum of Eighty-Four Thousand Five Hundred and Eighty-Seven Dollars ($84,587.00) is hereby transferred within the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
City Council To Full Time Salaries From Printing & Binding $100.00
Historic Comm. Full Time Salaries Postage 22.00
Board of Appeals Full Time Salaries Office Supplies 40.00
Bldg Insp Full Time Salaries Cont Services 150.00
Engineering Full Time Salaries Edu Training 150.00
Treasurer Medicare Debt Serv-Bates 76,100.00
Treasurer CC/EFT Fees Debt Serv-Bates 5,000.00
DPW Sewer Overtime Edu Training 200.00
DPW Water Overtime Util Serv Repair 2,825.00
Total $84,587.00
#444 – APPR. TO SOLICITOR JUDGEMENTS
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-Five Thousand Dollars ($27,000.00) is hereby appropriated from the “ Fund Balance Reserved for Appropriation – Free Cash” account to “Solicitor – Judgments” account in accordance with the recommendation of Her Honor the Mayor.
#445 – APPR. FOR SICK LEAVE BUYBACK FOR THE RETIREMENT OF THE TREASURERS DEPT.
The following Order recommended by the Mayor, was adopted under suspension of the rules.
Councillor Sosnowski moved that a City Seal be sent to Donna Michaud. It was so voted.
ORDERED: That the sum of Sixteen Thousand, Six Hundred and Sixty-eight Dollars and Sixty-Four cents ($16,668.64) is hereby appropriated from the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement for the individuals in the Departments listed below in accordance with the recommendation of Her Honor the Mayor.
Donna Michaud Treasurer Dept. $16,668.64
#446 – APPR. TO TREASURER CONTRACTED SERVICES
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the “Fund Balance – Reserved for Appropriation – Free Cash” account to the “Treasurers – Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.
#447 – APPR. TO PARK & RECREATION – GROUND MAINTENANCE
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand, Five Hundred Dollars ($2,500.00) is hereby appropriated from the “Receipts Reserved – Salem Common” account to the “Park & Recreation – Ground Maintenance” account in accordance with the recommendation of Her Honor the Mayor.
#448 – DONATION FROM DANVERS BANK FOR POLICE DEPT. ESSEX COUNTY SUMMER CAMP PROGRAM
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from the Danvers Bank in the amount of Five Thousand Dollars ($5,000.00) 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.
#449 - DONATION FROM TOWN OF SAUGUS FOR POLICE DEPT. ESSEX COUNTY SUMMER CAMP PROGRAM
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from the Town of Saugus 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.
Councillor O’Keefe assumed the Chair.
#450 - DONATION FROM SPECTRA ENERGY TO FIX FENCE AT SALEM WILLOWS
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Spectra Energy in the amount of One Thousand Dollars ($1,000.00) to fix the picket fence at the Salem Willows. These funds will be deposited into the Recreation Donation Fund in accordance with the recommendation of Her Honor the Mayor.
Councillor McCarthy resumed the Chair.
#451 - DONATION FROM TOWN OF SWAMPSCOTT FOR POLICE DEPT. ESSEX COUNTY SUMMER CAMP PROGRAM
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from the Town of Swampscott in the amount of One Thousand Dollars ($1,000.00) 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.
#452 - DONATION FROM TACHE AUCTIONS FOR POLICE DEPT. ESSEX COUNTY SUMMER CAMP
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation from Tache Auctions in the amount of one Thousand Dollars ($1,000.00) 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.
#453 – TAX INCREMENT FINANCING FOR U.S. BIOLOGICAL, INC.
The following Order recommended by the Mayor, was referred to the Committee of the Whole.
ORDERED: That the City of Salem adopts the modification to the existing Economic Opportunity Area (EOA) as described in the attached Application for Designation of Economic Opportunity.
Be it further ordered that the City of Salem approve a site-specific EOA in order to provide tax increment financing to United States Biological, Inc. for the certified project located within the proposed EOA.
#454 – RESOLUTION AUTHORIZING CERTIFIED PROJECT APPLICATION OF U.S. BIOLOGICAL, INC.
The following Resolution recommended by the Mayor, was referred to the Committee of the Whole.
RESOLUTION:
WHEREAS: U.S. Biological has applied for designation as a Certified Project under the Massachusetts Economic Development Incentive Program created by Chapter 23A of Massachusetts General Laws;
WHEREAS: there is strong support for economic development and the use of Tax Increment Financing as an economic development tool to create jobs and encourage business expansion and relocation to the City of Salem;
WHEREAS: U.S. Biological meets the minimum standards of the Economic Development Incentive Program and the local economic development goals and criteria established as part of the documents creating the Beverly and Salem Regional Economic Target Area and the Salem Economic Opportunity Area;
WHEREAS: the proposed certified project will be located on Technology Way in Salem, MA. This property is within the boundaries of the Salem Economic Opportunity Area. For a common description of the property, refer to the Tax Increment Financing Plan and the Plan’s Exhibit A.
WHEREAS: The City of Salem has agreed to offer U.S. Biological a Tax Increment Financing Agreement;
WHEREAS: U.S. Biological will invest approximately $3,000.00 to develop and construct a new +/- 50,000 sq. ft. headquarters and manufacturing, retain 23 jobs, and create at least five full-time jobs for residents of the Beverly and Salem Regional Economic Target Area and the City in 5 years.
NOW THEREFORE BE IT RESOLVED that the Salem City Council approves the Certified Project application of U.S. Biological and forwards said application for certification to the Massachusetts Economic Assistance Coordinating Council for approval and endorsement.
#455 – RESOLUTION AUTHORIZING A TAX INCREMENT FINANCING AGREEMENT FOR U.S. BIOLOGICAL
The following Resolution recommended by the Mayor, was referred to the Committee of the Whole.
RESOLUTION:
WHEREAS: The City of Salem is part of the area designated the Beverly and Salem Regional Economic Target Area and the Salem Economic Opportunity Area;
WHEREAS: The Mayor of the City of Salem has prepared a Tax Increment Financing Agreement in accordance of Chapter 40 and 751 CMR 11.00;
WHEREAS: there is strong support for economic development and the use of Tax Increment Financing as an economic development tool to create jobs and encourage business expansion and relocation to the City of Salem;
WHEREAS: there is strong support for using Tax Increment Financing to encourage the development of U.S. Biological in the City of Salem on property on Technology Way;
WHEREAS: this property is located in the Salem Economic Opportunity Area;
NOW THEREFORE BE IT RESOLVED by the Salem City Council that:
(1) The Tax Increment Financing Agreement be adopted as it has been substantially submitted to the City Council. A copy of said Tax Increment Financing Agreement is attached as Exhibit A, and made a part of this Resolution.
(2) The area to be designated as a Tax Increment Financing Zone is:
That +/- 4.8 acre site currently part of a 17.6 acre parcel on Salem Assessors’ Map 07, Lot 0079 situated on Technology Way in Salem in the County of Essex and Commonwealth of Massachusetts. For a description of the property, refer to the Tax Increment Financing Plan and the Plan’s Exhibit A.
(3) The Tax Increment Financing Agreement shall be binding on all subsequent owners of the property in the Tax Increment Financing Zone. The City of Salem reserves the right to review and renegotiate the Tax Increment Financing Agreement if the business activity ceases to be fully operational during the life of the Tax Increment Financing Agreement, as specified in the Tax Increment Financing Agreement.
(4) A copy of the adopted Tax Increment Financing Agreement shall be forwarded to the Massachusetts Economic Assistance coordinating Council for its approval.
(5) The effective date of the Tax Increment Financing Agreement shall take effect July 1, 2011, or the date which the Tax Increment Financing Agreement is approved by the Massachusetts Economic Assistance Coordinating Council, whichever is later.
(6) The Mayor is hereby authorized to execute and implement the Tax Increment Financing Agreement.
Councillor O’Keefe assumed the Chair.
#456 – PURCHASE OF A PARCEL OF LAND (BLANEY ST.) FROM DOMINION ENERGY OF SALEM HARBOR LLC AND ACCEPT GRANT OF EASEMENT
The following Order was received after the deadline of Tuesday noon under suspension of the rules and adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
ORDERED: That the Mayor is hereby authorized to execute any and all documents necessary for the City of Salem to purchase from Dominion Energy Salem Harbor, LLC for a sum not to exceed One Million Seven Hundred Thousand Dollars ($1,700,000.00) a certain parcel of land shown on Assessor’s Map 41, Lot 0278 and more fully described in Exhibit “A” of the draft Purchase and Sale Agreement attached herewith.
It is hereby further ordered that the Mayor has the authority to accept, on behalf of the City of Salem, the grant of an easement over a portion of land owned by Dominion Energy Salem Harbor LLC shown on the attached plan entitled “Site Construction at Dominion Property Line”, prepared by Bourne Consulting Engineering and dated April 9, 2010.
#457 – EXECUTIVE SUMMARY OF SALEM COMPREHENSIVE PARKING PLAN
The Comprehensive Parking Plan submitted by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. (plan on file in the City Clerks Office)
#458 – REVIEW ARTICLE II COMPENSATION OF SALARIED EMPLOYEES
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance review Section 2, Article II Compensation of Salaried Employees for the purpose of requiring all mid-budget year raises be brought before the Council for approval. Invite the Human Resource Director, Mayor or Aide and Finance Director.
#459 – ELECTION ORDER FOR SEPTEMBER PRIMARY
Councillor O’Keefe introduced the following Order, which was adopted.
CITY OF SALEM
ELECTION WARRANT
STATE PRIMARY
ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the city at the polling places designated hereinafter on Tuesday, September 14, 2010 for the purpose of casting votes in the State Election for the candidates of political parties for the following offices:
GOVERNOR…………………………………….. FOR THIS COMMONWEALTH
LT. GOVERNOR………………………………… FOR THIS COMMONWEALTH
ATTORNEY GENERAL………………………… FOR THIS COMMONWEALTH
SECRETARY OF STATE……………………….. FOR THIS COMMONWEALTH
TREASURER…………………………………….. FOR THIS COMMONWEALTH
AUDITOR………………………………………… FOR THIS COMMONWEALTH
REPRESENTATIVE IN CONGRESS………… SIXTH CONGRESSIONAL DISTRICT
COUNCILLOR…………………………………… FIFTH DISTRICT
SENATOR IN GENRAL COURT………………. SECOND ESSEX DISTRICT
REPRESENTATIVE IN GENERAL COURT… SEVENTH ESSEX DISTRICT
DISTRICT ATTORNEY………………………..... EASTERN DISTRICT
SHERIFF………………………………………….. ESSEX COUNTY
FURTHER ORDERED: That the following places be and hereby are designated as polling places for said voting:
WARD ONE
PRECINCT ONE & TWO Bentley School, Memorial Drive
WARD TWO
PRECINCT ONE & TWO St. Johns Church, St. Peter’s Street
WARD THREE
PRECINCT ONE & TWO Salem High School Auditorium, 77 Willson St.
WARD FOUR
PRECINCT ONE & TWO Witchcraft Heights School Gymnasium, 1 Frederick
St.
WARD FIVE
PRECINCT ONE Temple Shalom, 287 Lafayette Street
PRECINCT TWO Community Room, Pioneer Terrace
WARD SIX
PRECINCT ONE Bates School, Liberty Hill Avenue
PRECINCT TWO Mack Park, Tremont Street
WARD SEVEN
PRECINCT ONE & TWO Salem State Enterprise Ctr., 121Loring Ave.
FURTHER ORDERED: That the polls for said voting be opened at 7:00 A.M. and closed at 8:00 P.M. and that the City Clerk be instructed to post this notice as required by law.
#460 – (#218) DISCHARGE APPOINTMENT OF THOMAS WATKINS FROM COMMITTEE
Councillor O’Keefe introduced the following Order, which did not pass by a roll call vote of 4 yeas, 6 nays, 1 present. Councillors Furey, Lovely, O’Keefe and Pelletier were recorded as voting in the affirmative. Councillors Pinto, Prevey, Ronan, Ryan, Sargent and Sosnowski were recorded as voting in the negative. Councillor McCarthy was recorded as voting present.
ORDERED: That the matter of the Appointment of Thomas Watkins as the Purchasing Agent, be discharged from the Committee on Administration and Finance co-posted with the Committee of the Whole by a roll call vote.
#461 – ACCEPT DONATION OF PODIUM FOR COUNCIL CHAMBERS
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the City Council accepts the generous donation of a custom made oak podium from Dionne’s Cabinetry, 8 Proctor St., Salem, MA, to be used in the City Council Chambers and that the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs.
#462 – (#400 - #401) TAXI OPERATOR HEARING
Councillor Lovely 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 hearing request on the denial of a taxi operator license for Todd Dunajski, has considered said matter and would recommend denial of the taxi operator license.
#463 – (#73, #463.1) AMENDING ORDINANCE RELATIVE TO USE OF SALEM COMMON
Councillor Lovely 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 Salem Common Ordinance revisions, has considered said matter and would recommend a positive recommendation to the full City Council for first passage.
#464 – (#242) AMENDING ORDINANCE RELATIVE TO DRINKING ALCOHOLIC BEVERAGES IN PUBLIC WAYS OR PLACES
Councillor Lovely 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 amending an Ordinance relative to drinking of alcoholic beverages on public ways and in public places, has considered said matter and would recommend the matter remain in Committee.
#465 – COMMUNICATION FROM CITY SOLICITOR TO HOLD AN EXECUTIVE SESSION
The requested from the City Solicitor Elizabeth Rennard to hold an Executive Session to discuss a suit filed against the City by Trickett Realty following the City revocation of the inflammable license was withdrawn.
#466 – COMMUNICATION FROM ASSIST. CITY SOLICITOR TO HOLD AN EXECUTIVE SESSION
The requested from the Assistant City Solicitor Jerald Parisella to hold an Executive Session to discuss a lawsuit filed against the City related to so-called Beede Site, a used oil processing facility where the City disposed of waste oil, was taken up earlier.
#467 – AUTHORIZE ASST. SOLICITOR TO SETTLE LAWSUIT
The following Order submitted by the Assistant Solicitor, was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative.
ORDERED: That the City Council hereby authorizes the Assistant City Solicitor to settle a lawsuit filed against the City related to the so-called Beede Site, a used oil processing facility, where the City disposed of waste oil, for a sum not to exceed Twenty-Seven Thousand Dollars ($27,000.00).
#468 – CRITERIA FOR HOME RULE PETITIONS FOR ADDITIONAL LIQUOR LICENSES
The following Order recommended by the City Solicitor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
ORDERED: That the City Council adopt the attached criteria for requests for a Home Rule Petition for additional liquor licenses.
CITY OF SALEM
CRITERIA FOR REQUESTS FOR
HOME RULE PETITION FOR ADDITIONAL LIQUOR LICENSES
Any request for a liquor license through a Home Rule Petition shall not be forwarded to the City Council until the Licensing Board has reviewed the request and makes a favorable recommendation based on the criteria set forth below:
A. The business must be located in the B-5 zoning district.
B. Availability of an annual liquor license – The Licensing Board shall consider the availability of annual licenses when considering a request for an additional liquor license through a Home Rule petition. The Board may recommend a Home Rule Petition be filed when an annual liquor license is available, either all alcohol or beer and wine, depending on the license sought, but only if the Board determines that the license is not available at a reasonable market value. If such an annual liquor license is available for sale at an unreasonable market value, the Licensing Board will make every effort to seize the license and market it directly. Among other factors, the Licensing Board will consider
comparable sales and length of time the license has been available when determining if a value is unreasonable.
If no annual liquor license is available for purchase, the City will consider adopting a Home Rule Petition for an additional liquor license if the applicant/requesting business meets a majority of the criteria set forth below. Note: that the criteria below are not required, but are to be considered by the Board when reviewing applicant requests.
1. The applicant holds a seasonal liquor license;
2. Quality Design: The business will have an exterior design appropriate to its context. To meet the criteria, the business will agree to have Design Review Board review and approval of all exterior improvements including signage and lighting even if the business is located outside of an Urban Renewal Area;
3. Market Diversification: The applicant demonstrates that its business fills an existing gap and meets unmet market demand. As such, it advances Salem objective of being the North Shore’s dining destination;
4. Job Creation: The business will create new jobs;
5. Employment of Low and Moderate Income Persons: The business will commit to hiring low or moderate income persons;
6. Community Participation: The business will commit to actively participate in Main Streets programs and events for two years;
7. Compatibility: Business is not located within close proximity to residential units or if it is, the business shall not seek an entertainment license; and
8. Hours of operation: If in close proximity to residential units, hours of operation are limited to 11 P.M.
9. Applicant proposes to open a restaurant in a blighted area or in a location that has remained vacant for more than one year.
#469 – (#351) PLANNING BOARD RECOMMENDATION FOR PROPOSED ZONING AMENDMENT FOR USE REGULATION FOR MEDICAL CLINICS
A communication from the Planning Board with their recommendation for the proposed Zoning Ordinance amendment regarding Use Regulations for “Medical Clinics” and the definition of Medical Clinics from the City Solicitor was received and filed.
Councillor Ronan moved to adopt the following amendments as recommended by the Planning Board and City Solicitor as follows:
Section 3.0 C, Commercial Uses
Medical and dental offices RC R1 R2 R3 B1 B2 B4 B5 I BPD
N N N N Y Y Y Y Y Y
Section IV. Section 10.0 Definitions
“Medical Clinic”: any entity, however organized, whether conducted for profit or not for profit, which is advertised, announced, established, or maintained for the purpose of providing ambulatory, out-patient medical, surgical, physical, mental health or addictive relief services for human beings. In addition, clinic shall include any entity, however organized, or maintained under a name which includes the word clinic, “dispensary”, or “institute”, and which suggests that the organization is formed for the dispensing of medication or providing ambulatory, out-patient medical, surgical, physical, mental health or addictive relief services. No matter how the clinic is named, clinic shall not include a clinic conducted by a hospital licensed under M.G.L. c.111, § 51 or by the federal government or the
commonwealth. Clinic shall not include dental clinics operator by local school and health departments for the sole purpose of providing education and dental hygiene services including routing examinations, cleaning and topical fluoride applications. Clinic shall not include ad hoc health promotions, screenings or wellness programs.
“Medical or dental offices: 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.”
The Ordinance was adopted for first passage as amended by a roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative. Councillor Furey was recorded as voting in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#470 – REQUEST FROM SALEM STATE COLLEGE TO HOLD A ROAD RACE
A request from Salem State College to hold a road race and fun walk on Sunday, April 10, 2011 at 9:00 A.M., was granted.
#471 – REQUEST FROM FREE MASONS FOR PARKING SPACES
A request from Free Masons to reserve four parking spaces (#214, 216, 217 & 218), in front of 70 Washington Street for blood drives to be held on August 19, 2010 and December 15, 2010 from Noon to 8:30 P.M., was granted.
#472 – BLOCK PARTY
A request from the residents of Moffatt Road to hold a block party on July 17, 2010 from 10:00 A.M. to Midnight with a rain date of July 18, 2010 was granted.
#473 – BLOCK PARTY
A request from the residents of Foster Street to hold a block party on August 14, 2010 from 1:00 P.M. to Midnight with a rain date of August 15, 2010 was granted.
#474 – BLOCK PARTY
A request from the residents of Forrester Street to hold a block party on September 11, 2010 from 2:00 P.M. to 7:00 P.M. with a rain date of September 12, 2010 was granted.
#475 – LICENSE APPLICATIONS
The following license applications were granted:
PUBLIC GUIDES: Angelique Griffin, 39 Prince St., Salem
Alexander McNally, 343 Lafayette St. #3, Salem
Dave Kess, 77 Summer St., Salem
Steven Kee, 70 Mulberry St., Worcester
Christiaan VanDamme, 70 Mulberry St., Worcester
Roger Watros, 104 Pembroke St., Boston
Tim Maguire, Jr., 28 High St., Salem
#476 – #479 LICENSE APPLICATIONS
The following license applications were granted:
LIMOUSINE AT’s Service, 16 March St., Salem (1 Limo)
TAXI OPERATOR David Harding, 28 Dane St. #2, Beverly
Francis Lora, 38 Naumkeag St. #1, Salem
Nancy Figueroa, 12 Pope St., Salem
David Kelly, 80 Nahant St., Lynn
VEHICLE FOR HIRE Salem Pedicab, 7 N. Pine St., Salem (3 Pedicabs)
VEHICLE FOR HIRE Ernest Wronka, 3 Stonehill Dr., Stoneham
OPERATORS ONLY Robert Blomberg, 28 West Ave., Salem
Anthony Poto, 43 Scott Circle, N. Andover
Kevin Whitehead, 57 Sherwood Ave., Danvers
#480 – TAXI OPERATOR
The following license application was denied:
TAXI OPERATOR Brett Frazier, 50 Howard St., Salem
#481 - #484 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Verizon, PO Box 60770, Oklahoma City, OK
Verizon, PO Box 60770, Oklahoma City, OK
Jonathan Rennicks, 32 Gallows Hill Road, Salem
SUBROGATED: Law Offices of Flood & Favata (for Virginia Battle), 14 Winthrop St., Marlborough
#485 – #487 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: Donald Blakely, Jr., 257 Watertown St., Newton
SIGNS: Impart Art, 24 New Derby St., #5, Salem
True Gospel Baptist Church, 61 Bridge St., Salem
(#412) SECOND PASSAGE OF BOND ORDER FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
The matter of second and final passage of a Bond Order in the amount of $1,630,000.00 for various Capital Improvement projects, was then taken up. The Bond Order was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Furey, Lovely, O’Keefe, Pelletier, Pinto, Prevey, Ronan, Ryan, Sargent, Sosnowski and McCarthy were recorded as voting in the affirmative.
On the motion of Councillor O’Keefe the meeting adjourned at 8:40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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