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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
September 26, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 20, 2013 at 10:55 A.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President Ryan presided.
Councillor Carr moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Ryan requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
None
#603 - (#572) HEARING ON A JOINT POLE RELOCATION ON JUNIPER AVENUE
A hearing was held on the petition from Verizon and Mass. Electric to install a joint pole on Juniper Avenue.
Appearing in favor was Everett Ryan representative of Verizon stated the pole needed to be moved for access reasons.
James Kline 43 Bay View Avenue resident told that the pole needed to be moved in order for him to access his garage.
There was no one appearing in opposition to the petition.
Councillor McCarthy moved that the hearing be closed.
Councillor McCarthy Moved for approval. It was so voted.
#604 - (#573) HEARING ON A CONDUIT ON ESSEX STREET
A hearing was held on the petition from Comcast to install a conduit on Essex Street.
Appearing in favor was Tim Broderick representative of Comcast.
There was no one appearing in opposition to the petition
Councillor Sosnowski moved that the hearing be closed.
Councillor Sosnowski moved for approval. It was so voted.
#605 - (#574) HEARING ON A CONDUIT ON LAFAYETTE STREET
A hearing was held on the petition from National Grid to install a conduit on Lafayette St.
Appearing in favor was Sabita Mahabier-Sheehy representative of National Grid who stated the service was so old to St. Joseph’s Church site and needed to be updated.
There was no one appearing in opposition to the petition.
Councillor McCarthy moved that the hearing be closed.
Councillor McCarthy moved for approval. It was so voted.
(#575) – PUBLIC HEARING FOR EXTENDED HOURS OF OPERATION HONEY DEW DONUTS
A hearing was held on the request from Honey Dew Donuts located at 138 Canal St. for “Extended Hours of Operation” – current hours of operation Monday-Sunday from 6:00 A.M. to 10:00 P.M. Requested hours 5:00 A.M. to 10:00 P.M. Monday-Sunday.
Appearing in favor was Anna Safer of 135 Canal Street.
There was no one appearing in opposition to the petition.
Councillor Sargent stated he was opposed due to quality of life issues for neighboring residents.
Councillor Turiel moved that the hearing be closed.
Councillor Turiel moved for approval. It was so voted. Councillor Sargent voted opposed.
Councillor Sargent recused himself and left the Chambers.
(#576) – PUBLIC HEARING FOOTPRINT POWER INFLAMMABLE LICENSE
A public hearing was held on the application from Footprint Power Salem Harbor Real Estate LP for an Inflammable License to keep/store the following: 95 gallons of flammable liquids, 84,235 gallons of combustible liquids and 53,600 standard cubic feet of flammable gases (580 gallons) for the property located at 24 Fort Avenue.
Appearing in favor Attorney Joseph Correnti – 63 Federal Street, Salem representing FootPrint Power for the amended license. Attorney Correnti stated this is not a new license there are no additions it is an amended license.
Mr. Silverstien – President of FootPrint Power, 24 Fort Avenue, Salem gave an overview a few months ago and also had public hearings with the Conservation Commission, Zoning Board of Appeals, Planning Board and received good questions from the public. We are currently working with D.E.P. on the project. The ISO said there is a need for this plant and we should be online by 2016.
Also speaking in favor was Rob Derosher – Environmental Health and Safety Manager.
Councillor Prevey asked what the amended license was and what are these inflammables.
Fire Chief Cody stated that he met with FootPrint Power in August and went over the plan and everything looks great. Eventually the inflammable will be decreased as tanks are taken out.
Councillor O’Keefe moved that the hearing be closed.
Councillor McCarthy moved for approval as amended there was a roll call vote of 10 yeas, 0 nays, 1 absent (Councillor Sargent had recused himself). Councillors Turiel, Sosnowski, Siegel, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillor Sargent was recorded as absent due to him recusing himself.
Councillor O’Keef moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
(#503) APPOINTMENT OF LAURA DETOMA TO CABLE TELEVISION & TECHNOLOGY COMMISSION
The Mayor’s appointment of Laura DeToma Swanson to serve as a member of the Cable Television and Technology Commission with a term to expire on December 31, 2013, was held until the next meeting of September 26, 2013, was confirmed by a roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative.
(#543) – APPOINTMENT OF THOMAS CAMPBELL TO CONSERVATION COMMISSION
The Mayor’s appointment of Thomas Campbell serve as a member of the Conservation Commission with a term to expire on March 1, 2015, was held until the next meeting of September 26, 2013, was confirmed by a roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative.
#606 – APPROPRIATION TO “GOLF COURSE – EQUIPMENT”
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Twelve Thousand Eight Hundred and Twenty-Seven Dollars ($12,827.00) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the “Golf Course – Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#607 – APPROPRIATION TO BE EXPENDED FOR FORT PICKERING LIGHTHOUSE AT WINTER ISLAND
The following Order recommended by the Mayor, was adopted under suspension of the rules.
ORDERED: That the sum of Eleven Thousand, Five Hundred and Four Dollars and Eighty-Seven Cents ($11,504.87) is hereby appropriated within the “Capital Outlay – Renovation & Repairs” account to be expended for the City share for painting of Fort Pickering Lighthouse at Winter Island in accordance with the recommendation of Her Honor the Mayor.
#608 – DECLARE PORTION OF LAND ON TECHNOLOGY WAY SURPLUS
The following Order recommended by the Mayor, was adopted by a roll call voted of 11 yeas, 0 nays, 0 abent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative.
ORDERED: A portion of Technology Way, as shown on the attached plan entitled “Roadway Abandonment and Layout Plan of Land in Salem, Mass.” Dated June 10, 2013, is hereby declared surplus property as it is not needed for any municipal use.
The parcel of land is approximately 20,226 square feet and is a portion of land the City acquired to promote development off Swampscott Road. Technology Way is not an accepted street and as such, this surplus property shall be disposed of as surplus undevelopable parcel of City-owned land as set forth in the City Ordinance.
#609 – ORDINANCE TRAFFIC HANDICAPPED PARKING LYNDE STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and thirteen
An Ordinance to amend an ordinance relative to traffic.
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42 Section 50B, “Handicapped Zones Limited Time” is hereby amended by adding the following:
Lynde Street, in front of #18 for a distance of twenty (20) feet. “Handicapped Parking, Tow zone”
Section 2. This ordinance shall take effect as provided by City Charter.
#610 – ORDINANCE TRAFFIC HEAVY COMMERCIAL VEHICLES PROHIBITED, FIRST STREET
Councillor Siegel introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and thirteen
An Ordinance to amend an ordinance relative to traffic.
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42 Section 45, “Heavy Commercial Vehicles Prohibited”, is hereby amended by adding the following:
First Street from Swampscott Road in an easterly direction to Traders Way, “Heavy Commercial Vehicles Prohibited, deliveries only”
Section 2. This ordinance shall take effect as provided by City Charter.
#611 - MARIJUANA TREATMENT CENTER
Received after the deadline of Tuesday noon.
Councillor Siegel introduced the following Order which was adopted.
ORDERED: That the attached Zoning Amendment for “Medical Marijuana Treatment Centers” be referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
#611A – ORDINANCE AMENDING ZONING “MEDICAL MARIJUANA TREATMENT CENTERS”
Received after the deadline of Tuesday noon.
Councillor Siegel introduced the following Order which was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole
In the year two thousand and thirteen
An Ordinance to amend an Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem as follows:
Section I. is hereby amended by adding the following:
Section 11.1 Exclusion of other Marijuana Uses
Any establishment that acquires, cultivates, possesses, processes (including but not limited to the development of related products such as food, tinctures, aerosols, oils or an/or ointment), transfers, transports, sells, distributes, dispenses and/or administers marijuana, products containing marijuana, related supplies and/or educational materials to qualifying patients and/or their personal caregivers shall not be permitted if such establishment has not been properly licensed and registered by the Massachusetts Department of Public Health pursuant to all applicable state laws and regulations and/or it is not operated as a not-for-profit entity and/or otherwise fails to meet the definition of a MEDICAL MARIJUANA TREATMENT CENTER.
Section 11.2 Exclusion of Accessory Uses
In no case shall the acquisition, cultivation, possession, processing, transference, sale, distribution, dispensing and/or administration of marijuana, products containing or derived from marijuana or related products be considered accessory to any use.
Section 11.3 Interim Restriction
MEDICAL MARIJUANA TREATMENT CENTERS shall not be permitted in any zoning district in the City of Salem so long as Section 11 is in effect.
Section 11.4 Expiration
This section 11 shall be effective until June 30, 2014 or until such time that superseding regulations are adopted which addresses the impacts and operations of a MEDICAL MARIJUANA TREATMENT CENTER and related uses, whichever is sooner.
Section II. This Ordinance shall take effect as provided by City Charter.
#612 – (#585 - #587) 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 licenses be granted
TAG DAYS S.H.S. Class of 2014, September 29, 2013
S.H.S. Football, November 16 & 17, 2013
S.H.S. Hockey, November 30, 2013, December 8, 2013
& January 12, 2014 & January 25, 2014
#613 – (#555) BOND ORDER IN THE AMOUNT OF $160,917.00 FOR BERTRAM FIELD
Councillor Prevey offered the following report for the Committee on Administration and Finance co-posted with Committee of the Whole. It was voted to accept the report and adopt the recommendation by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey and Ryan were recorded as voting in the affirmative. Councillor Carr was recorded as absent.
The Committee on Administration and Finance co-posted with Committee of the Whole to whom was referred the matter of a Bond Order totaling $160,917.00 for the purpose of providing additional funds for the construction of a new turf field and track upgrade at Bertram Field has considered said matter and would recommend adoption for second and final passage.
Councillor Prevey moved for immediate reconsideration in the hopes it would not prevail. Reconsideration was denied.
#614 – PETITION FROM NATIONAL GRID FOR POLE LOCATION HIGHLAND AVENUE
A hearing was requested for October 10, 2013 on the petition from National Grid to install a pole on Highland Avenue.
#615 – PETITION FROM NATIONAL GRID FOR CONDUIT LOCATION ON GOODHUE STREET
A hearing was requested for October 10, 2013 on the petition from National Grid to install a conduit on Goodhue Street.
#616 – BLOCK PARTY
Request from residents of Beckford & Federal Street to hold a Block Party (at the square of this intersection) on October 4, 2013 from 5:30 P.M. to 8:30 P.M. with a rain date of October 18, 2013, was granted.
#617 - #619 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Michael Coppinger, 57 Phillips St., Newburyport
Diana Dunlap, 12 Hawthorne Blvd., Salem
Brett Hill, 62 Main St., Peabody
Ashley Rogers, 231 Lafayette St., Salem
Leigh Cochran, 24 Norman St., Salem
Katherine O’Shea, 43 Beverly Ave., Marblehead
Robert Woodward, 56 Hatherly Rd., Rockland
Francis Fay, 260 Clark Ave., Chelsea
Ellen O’Shea, 14 Leavitt St., Salem
TAXI OPERATOR Peter Saffos, 18 Peabody Sq., Peabody
Genaro Roman, 3 Abington Ave., Peabody
Ramon Sosa, 10 Harris St., Peabody
Michael Gutierrez, 28 Roslyn St., Salem
Pablo Duran, 78 Wallis St., Peabody
VEHICLE FOR HIRE Rebecca Andrews, 9 Brook St., Tewksbury
OPERATORS ONLY Douglas Parker, 7 N. Pine St., Salem
#620 - #622 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAYS S.H.S. Girls Soccer, October 26, 2013
S.H.S. Girls Basketball, 12/7/13, 12/22/13, 12/28/13 & 1/11/14
American Legion Post #23, May 1-4, 2014 & May 9-11, 2014
#623 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer/Contract Operator license application was granted.
A Rooter-Man, 3 Perkins St., Peabody
#624 - #626 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Ellen O’Shea, 14 Leavitt St., Salem
SUBROGATED CRAIG/is LTD, (for NGM Insurance & Gaston Pena),
7077 Bonneval Rd., Suite 605, Jacksonville, FL
Longo Law Group, (for Matthew Cyrus), 300 Brickstone Sq.,
Suite 201, Andover, MA
#627 – #628 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER: A Rooter-Man, 3 Perkins St., Peabody
N. Granese & Sons, 59 Jefferson Ave., Salem
(#558) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec. 13B, “Fire Lanes” English Street, was then taken up. The Ordinance was adopted for second and final passage.
(#559) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec. 74, “General Prohibition Towing Zones” Leavitt Street, was then taken up. The Ordinance was adopted for second and final passage.
(#560) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec. 50B Handicap Parking Limited Time, repealing Webb Street, was then taken up. The Ordinance was adopted for second and final passage.
(#563) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec. 50B Handicap Parking Limited Time, Boston Street, was then taken up. The Ordinance was adopted for second and final passage.
(#564) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec. 50B Handicap Parking Limited Time, Summer Street, was then taken up. The Ordinance was adopted for second and final passage.
(#565) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec. 75 Resident Sticker Parking Zones, by adding the Eden Street, was then taken up. The Ordinance was adopted for second and final passage.
(#568) SECOND PASSAGE ORDINANCE NON- CRIMINAL FINES ABANDONED PROPERTIES
On the matter of second and final passage of an Ordinance relative to Ch. 1, Sec. 1-10(c), Non-Criminal Fines for Abandoned /Foreclosed Properties, was then taken up. The Ordinance was adopted for second and final passage.
(#570) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec. 75 Resident Sticker Parking Zones, by adding the following new streets Curtis Street, Daniels Street Court, Daniels Street Court, Kosciuszo Street, was then taken up. The Ordinance was adopted for second and final passage.
(#571) SECOND PASSAGE TRAFFIC ORDINANCE
On the matter of second and final passage of an Ordinance relative to Traffic Ch. 42, Sec. 75 Resident Sticker Parking Zones, by adding the Gedney Court, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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