“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 39 §23B, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council held in the Council Chamber on Thursday, March 22, 2012 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 16, 2012 at 10:39 A.M. This meeting is being taped and is live on S.A.T.V.
Councillor Lovely was recorded as arriving at 7:40 P.M.
Council President O’Keefe presided.
Councillor Siegel moved to dispense with the reading of the record of the previous meeting. It was so voted.
President O’Keefe requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
NONE
#169 - APPOINTMENT OF JAMES NOWLAND TO THE COMMISSION ON DISABILITIES
The Mayor’s appointment of James Nowlan to serve on the Commission on Disabilities with a term to expire on February 1, 2013, was held until the next meeting of April 12, 2012 under the rules.
#170 – APPOINTMENT OF MICHAEL DUFFY TO THE ZONING BOARD OF APPEALS
The Mayor’s appointment of Michael Duffy to serve on the Zoning Board of Appeals with a term to expire on July 1, 2012, was held until the next meeting of April 12, 2012 under the rules.
#135 – APPOINTMENT OF JOHN B. HOSKINS TO THE CONSERVATION COMMISSION
Held from the last meeting the Mayor’s appointment of John B. Hoskins to serve on the Conservation Commission with a term to expire January 1, 2015, was held until the next meeting of April 12, 2012 as Mr. Hoskins could not attend this evening.
#171 – APPROPRIATION TO HUMAN RESOURCES – UNEMPLOYMENT COMPENSATION
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of One Hundred Seventy-five Thousand Dollars ($175,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to “Human Resources – Unemployment compensation” account in accordance with the recommendation of Her Honor the Mayor.
#172 – APPROPRIATION TO RETIREMENT STABILIZATION FUND – VACATION / SICK LEAVE BUYBACK
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Seventeen Thousand Seven Hundred Twenty-Four Dollars and Fifteen Cents ($17,724.15) from the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement of the following in accordance with the recommendation of Her Honor the Mayor:
Edith Metcalf – School Dept. $3,959.10
Evelyn Lovely – School Dept. $13,765.05
Total $17,724.15
#173 – APPROPRIATION TO BE EXPENDED FOR PURCHASE OF ELECTRIC VEHICLE CHARGING STATIONS
The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance.
ORDERED: That the sum of Twelve Thousand Dollars ($12,000.00) is hereby appropriated from the “Capital Outlay – Equipment” account to be expended for the purchase of Electric Vehicle Charging Stations by the Planning Department in accordance with the recommendation of Her Honor the Mayor.
#174 – APPROPRIATION FOR REPAIR OF MBTA HANDICAP RAMP RAILS
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Eight Thousand, Eight Hundred Twenty Five Dollars is hereby appropriated from the “Capital Outlay – Renovation & Repair” account to be expended for the repair of the MBTA Handicap Ramp Rails by the Inspectional Services Department in which runs from North Street overpass to MBTA parking lot, in accordance with the recommendation of Her Honor the Mayor.
#175 – APPROPRIATION TO CEMETERY - BURIAL
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand Two Hundred and Twenty Dollars ($2,220.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to the “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor.
#176 – ORDINANCE AMENDING ZONING, WETLANDS & FLOOD HAZARD OVERLAY DISTRICT
The following Ordinance recommended by the Mayor, was referred to the Planning Board to schedule a joint public hearing with the City Council.
In the year two thousand and twelve
An Ordinance to amend the Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Section 2.2 of the City of Salem Zoning Ordinance is hereby amended by deleting the words, “Wetlands and” from the phrase “Wetlands and Flood Hazard Overlay District” and deleting “WFHOD” and replacing it with “FHOD.”
Section II. Section 8.1 WETLANDS AND FLOOD HAZARD OVERLAY DISTRICT (WFHOD) is hereby amended by changing its title from “WETLANDS AND FLOOD HAZARD OVERLAY DISTRICT (WFHOD)” to “FLOOD HAZARD OVERLAY DISTRICT (FHOD).” All subsequent uses of the term “WFHOD” shall be replaced with the term “FHOD.”
Section III. Section 8.1.1 Purpose, sub-paragraph 3 is hereby amended by deleting the words “wetlands and,” and by deleting the phrase “and to protect against pollution and contamination of such water supplies and to conserve valuable habitats for wildlife, including fisheries and shellfisheries.”
Section IV. Section 8.1 is hereby further amended by deleting Section 8.1.2 Definitions in its entirety and replacing it with the following.
“8.1.2 Flood Hazard District Boundaries, and Floodway and Base Flood Elevation Data
1. Flood hazard district. The FHOD is herein established as an overlay district. The FHOD includes all special flood hazard areas within the City of Salem designated as Zone A, AE, AO or VE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal Emergency Management Agency (FEMA) for the administration of the National Flood Insurance Program. The map panels of the Essex County FIRM that are wholly or partially within the City of Salem are panel numbers 25009: 0414F, 0416F, 0417F, 0418F, 0419F, 0436F, 0437F, 0438F, 0439F, 0441F, 0442F, 0443F, 0527F, 0531F, 0532F, and 0552F, dated July 3, 2012. The exact boundaries of the District may be defined by the 100-year base flood elevations shown on the FIRM and further
defined by the Essex County Flood Insurance Study (FIS) report dated July 3, 2012. The FIRM and FIS report are incorporated herein by reference and are on file with the Department of Planning and Community Development.
2. Floodway Data. In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available Federal, State, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
3. Base Flood Elevation Data. Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or 5 acres, whichever is the lesser, within unnumbered A zones.
Section V. Section 8.1 is hereby further amended by deleting Section 8.1.3 Overlay District in its entirety.
Section VI. Section 8.1 is hereby further amended by renumbering Section 8.1.4 Permitted Uses as 8.1.3 and renumbering all subsequent sections accordingly.
Section VII. Section 8.1.4 Permitted Uses is hereby amended by deleting the phrase “or unpaved accessory parking lots” from subparagraph 7.
Section VIII. Section 8.1.5 Special Permit Uses is hereby amended by
a. adding the word “and” to paragraph one immediately before the phrase “no area shall be paved” and by deleting the phrase “and no sediment shall be caused to be discharged from or onto a wetlands” as it appears in paragraph one;
b. deleting sub-paragraphs 4, 5, and 6; and
c. amending sub-paragraph 7 by deleting the word “Further,”; deleting the term “V3” and replacing it with the term “VE” ; deleting the term “FIA” and replacing it with the term “FEMA”; and deleting subparagraph “b” in its entirety.
Section IX. Section 8.1.6 Special Permit Procedure is hereby amended by deleting sub-paragraph 2 and adding the following:
5. The Flood Hazard District is established as an overlay district to all other districts. All development in the district, including structural and non-structural activities, whether permitted by right or by special permit must be in compliance with Chapter 131, Section 40 of the Massachusetts General Laws and with the following:
- Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;
- Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);
- Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);
- Coastal Wetlands Restriction, DEP (currently 310 CMR 12.00);
- Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5);
Any variances from the provisions and requirements of the above referenced state regulations may only be granted in accordance with the required variance procedures of these state regulations.
Section X. Section 8.1 is hereby further amended by adding the following section:
8.1.6 Notification of Watercourse Alteration
In a riverine situation, the Planning Board shall notify the following of any alteration or relocation of a watercourse:
1. Adjacent Communities
2. NFIP State Coordinator
Massachusetts Department of Conservation and Recreation
251 Causeway Street, Suite 600-700
Boston, MA 02114-2104
3. NFIP Program Specialist
Federal Emergency Management Agency, Region I
99 High Street, 6th Floor
Boston, MA 02110
Section XI. Section 8.1.6 Planning Board Action is hereby amended by deleting the words “wetland or” from the last sentence.
Section XII. Section 8.1 is hereby further amended by deleting Section 8.1.8 Area and Yard Regulations in its entirety.
Section XIII. Section 8.1 is hereby further amended by adding the following section:
1. In Zone AE, along watercourses within the City of Salem that have a regulatory floodway designated on the Essex County FIRM encroachments are prohibited in the regulatory floodway which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.
2. Man-made alteration of sand dunes within Zone VE which would increase potential flood damage is prohibited.
3. All subdivision proposals must be designed to assure that:
a. such proposals minimize flood damage;
b. all public utilities and facilities are located and constructed to minimize or eliminate flood damage; and
c. adequate drainage is provided to reduce exposure to flood hazards.
Section XIV. This Ordinance shall take effect as provided by City Charter.
#177 – ORDINANCE AMENDING TRAFFIC STOP SIGN, IRVING STREET
Councillor Prevey introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 49 “Obedience to isolated stop signs”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Irving Street, at the intersection with Harrod Street, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#178 – ORDINANCE AMENDING TRAFFIC HANDICAP PARKING, OCEAN AVENUE
Councillor Turiel introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, Handicap Zone Limited Time
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Ocean Avenue in front of #58 for a distance of twenty (20) feet, “Handicap Parking Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#179 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, BROADWAY
Councillor Turiel introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B, Handicap Zone Limited Time
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42, Section 50B, is hereby amended by repealing the following Traffic Ordinances:
Broadway in front of #95 for a distance of twenty (20) feet, “Handicap Parking Tow Zone (5/13/1999)
Section 2. Broadway in front of #120 for a distance of twenty (20) feet, “Handicap Parking Tow Zone (5/1/1995).
Section 3. This Ordinance shall take effect as provided by City Charter.
#180 – ORDINANCE AMENDING TRAFFIC, UNMETERED ZONE BROADWAY
Councillor Turiel introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, Unmetered Zones
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Broadway, westerly side, beginning at a point of seventy (70) feet from Loring Avenue, for a distance of fifty-eight (58) feet, thirty (30) minute parking, Monday through Saturday 7:00 A.M. to 5:00 P.M. “Parking Time Limited Unmetered Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#181 – ORDINANCE AMENDING TRAFFIC, SERVICE ZONE BROADWAY
Councillor Turiel introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and twelve
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 13, Service Zone
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Broadway, westerly side, beginning at a point of twenty (20) feet from Loring Avenue, for a distance of fifty (50) feet, Monday through Friday 8:00 A.M. to 8:00 P.M. “No Parking Service Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
#182 – (#161 - #162) GRANTING LICENSES
Councillor Sosnowski 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:
TAG DAYS S.H.S. Tennis Team, April 15, 2012, May 5, 2012
S.H.S. Boys Lacrosse, April 22, 2012, May 6, 2012 & May 13, 2012
#183 – (#550 of 2011, #183A) DISCONTINUANCE OF EATON PLACE AS ACCEPTED STREET
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole, to whom was referred the matter of discontinuance of Eaton Place as an accepted street, has considered said matter and would recommend that the City Clerk and Solicitor present a council order to remove Eaton Place from the list of the accepted streets and that the following attached order by the Solicitor be adopted.
#183A
ORDERED: The Salem City Council has determined, upon advice of the City Solicitor and after a public hearing on the matter, that Eaton Place is a private way. A City Council Order adopted June 27, 1996 accepting Eaton Place as a public street was not adopted in accordance with Chapter 38 of the City Ordinance and Sections 91 and 51 through 57 of Chapter 82 of the Massachusetts General Laws and as such Eaton Place is a private way. The City Clerk is hereby directed to correct the Salem Street Director to identify Eaton Place as a street not accepted by the City.
#184 – (#668A of 2011) AMENDING TAXI ORIDNANCE
Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal. 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 the taxi ordinance, has considered said matter and would recommend that a special committee be formed, including Councillor Lovely, Councillor Sosnowski, reps from each taxi cab company, Barry Neely, City Solicitor and Police Dept., to work on fares to be changed to meters and that they report back to the Committee on Ordinances, Licenses and Legal Affairs with these changes and recommendations.
#185 – (#140) APPROPRIATION TO INSPECTIONAL SERVICES – FEES – DEP. ADMIN.
Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of a $30,000.00 appropriation from “Fund Balance – Free Cash” to “Inspectional Services – Fees – DEP Admin.” has considered said matter and would recommend approval.
#186 – (#141) APPROPRIATION TO ASSESSOR – CONTRACTED SERVICES
Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of a $24,000.00 appropriation from “Fund Balance – Free Cash” to “Assessors – Contracted Services” has considered said matter and would recommend approval.
#187 – (#143) TRANSFER TO ASSESSORS – CONTRACTED SERVICES
Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of a $16,000.00 transfer from “Assessors – Full Time Salaries” to “Assessors – Contracted Services” has considered said matter and would recommend approval.
#188 – (#94) HOME RULE PETITION FOR RED LIGHT CAMERAS
Councillor Prevey offered the following report for the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of the adoption of a home rule petition for permitting use of traffic control signal violation monitoring system (Red Light Cameras) has considered said matter and would recommend that the matter remain in Committee for further study.
#189 – PETITION FOR CONDUIT ON BRIDGE STREET / ASH STREET
A hearing was ordered for April 12, 2012 on the petition form Comcast for a conduit on Bridge Street / Ash Street.
#199 – #192 LICENSE APPLICATIONS
Councillor Sosnowski and Lovely requested to divide the question on the following license applications. All license applications except for the tag day for Teen Challenge were were referred to the Committee on Ordinances, Licenses and Legal Affairs.
On the matter of the Tag Day application for Teen Challenge Councillor McCarthy moved to table the matter for further findings. It was so voted.
SECOND HAND Spindle City Precious Metals, 209 Bedford St., Suite 204, Fall River, MA
VALUABLE
TAG DAYS Teen Challenge, 11 Newcomb St., Boston, March 29th & 30th, 2012
S.H.S. LaUnion Latina Club, September 29th & 30th, 2012
#193 - #195 LICENSE APPLICATIONS
The following license applications were granted.
LIMOUSINE North Shore Taxi, 27 Walnut St., Peabody (1)
TAXI CABS North Shore Taxi, 27 Walnut St., Peabody (3)
TAXI OPERATORS Reynaldo Martinez, 112 Johnson St., Lynn
Luis Vasquez, 230 Jefferson Ave., Salem
Paul Gifford, 10 Green St., Lynnfield
Ike Silverhardt, 58 Essex St., Beverly
#197 – TAXI OPERATOR APPLICATION
The following license application was denied.
TAXI OPERATOR Samuel Reinoso, 67 Birch St., Lynn
#198 – HEARING REQUEST
A hearing Request from Samuel Reinoso on the denial of his Taxi Operator License was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an executive session.
#199 - #200 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs
Jeffrey McKee, 4 Beckford St. #4, Salem
Paul Patten, Jr., 32 Smith St., Marblehead
(#150) SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING READ STREET
The matter second and final passage to repeal an Ordinance amending Traffic, Handicap Parking on Read Street was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor Prevey the meeting adjourned at 8:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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