February 23, 2010 Park and Recreation Meeting
Roll Call:
PRESENT Amy Everitt Pat Curtin James Shea Chris Burke Laura Swanson
Laura Swanson made a motion to approve the minutes from February 2010 meeting. Chris Burke seconded. The vote was as follows:Ayes Amy EverittPat Curtin James SheaChris Burke Laura Swanson Nays 0
Laura Swanson had a couple years of service and Amy Everitt and the rest of the Commission wanted to thank her for all her hard work on the Commission. Visitors Leslie Tuttle - community gardens, and Friends of Winter Island may be the next Commissioner to take Laura Swanson's place.Chris Burke nominated James Shea for the Vice Chairperson for the Commission for 2010. Laura Swanson seconded, The vote was as follows:Ayes Amy EverittPat Curtin James SheaChris Burke Laura Swanson, Nays 0
Lisa Spence - Garden update 2 gardens and 8 Directors Mack Park is on its 4th year it has 70 plots that are 10X10.Palmer Cove is on its 3rd year with 72 plots that are 10X15 in size with 2 children's plots for donations.Temporary Community Garden request for Winter IslandIt would cost about $40.00 for a 4X4 box, so they are proposing to charge $10.00 a box which would include soil and a box. They would be using 20,000.00 feet in the whole area. William at Winter Island is in favor of this plan. He has been involved in the planning of this project. The gardener's are going to need a sticker to get in to work on their gardens, but they need to be Salem Residents anyways so they should have a sticker. James Shea made a motion to approve the Winter Island proposal "In the Black square"
of the diagram only for the garden. Laura Swanson seconded.The vote was as follows:Ayes Amy EverittPat Curtin James SheaChris Burke Laura Swanson, Nays 0
Friends of Winter Island form a 501C3 to work and raise funds for the Island. They want a 501C3 so they can get Corporation and Businesses' to support them.Laura Swanson said it makes sense to get that for tax deductions also. They can form a group for a Friends of Winter Island too. James Shea said it was a great idea.They would like to use the function hall down the Winter Island for free to have their meetings there. Doug Bollen said yes.
Paul Marquis 0 Energy and Sustainability Manager - Light pole and micro wind turbine supporter. The Company is based in Marblehead. They are looking for a new site close to home to install the turbine, he said it would be a great site at Winter Island. 48' high, it would enhance your community as "green" no cost to the City of Salemincrease your experience and knowledge in wind energyJames Shea asked why do you want to do this with no cost to the city? What is in it for your Company?He said it is a #1 location for the turbine, it is close to home so they can monitor closely. He said it was a demo project and they want to see what data comes from it. A new pole will be installed at 48' tall. New foundation will be put in also around the pole James Shea asked if two
experiments were too much for the neighborhood to deal with? He said the noise level is about 62 decibels. It will be near the Harbormasters office, not near the campsites. During a storm he said that the wind and the water will be noisier than the turbine. After one year they will take it down if the Commission wants. Chris Burke asked if they have the sufficient insurance for this project they said yes. Laura Swanson said any information that we can get from two different sites is great for the City. She would like to see what the difference is between the two MET towers.She would like them to report the readings to the City.James Shea asked if this "demo" means they have never tried this before? He said no. Chris Burke made a motion to approve the project with an open discussion. James Shea seconded. Chris Burke said he doesn't need to do a site visit, The difference between the MHS tower and the Winter Island will
be 18" smaller. Paul Marquis said he will not let the Mayor sign the off on the project if the Commission decides that it is too loud or changes their minds after a site visit. The Commission liaison Steve said the City Solicitor should make sure the legalities are all in order before people start making phone calls. Chris Burke made a motion to approve the turbine project with the conditional approval from the City Solicitor and the Board after they visit the Marblehead site. James Shea seconded.The vote was as follows:Ayes -Amy EverittPat Curtin James SheaChris Burke Laura Swanson
Nays 0
Winter Island Harbormaster reportboat storage made $10,000.00 in revenue. He would like to allow the people to work on their boats as long as they use the bags with the sanders. Laura Swanson said we already voted on this before that no work will be done on the Winter Island premises. William said the reservations are going great.
Laura Swanson made a motion to ask for a revolving fund for the Winter Island from the nominal amount per reservation. James Shea seconded. The vote was as follows:Ayes Nays Amy EverittPat Curtin James SheaChris Burke Laura SwansonJames Shea said it would be a great idea. James Shea made a motion to approve the Jeff Morris golf tournament for August 9, 2010. Laura Swanson seconded.The vote was as follows:Ayes Amy EverittPat Curtin James SheaChris Burke Laura
Swanson, Nays 0
Laura Swanson made a motion to approve the request from Bridgewell to use the Camp Naumkeag for their annual cookout. James Shea seconded.The vote was as follows:AyesAmy EverittPat Curtin James SheaChris Burke Laura Swanson, Nays 0
Chris Burke made a motion to approve the use for the Salem High Track fundraiser at Camp Naumkeag on Sunday July 25, 2010 with waived fees.The vote was as follows :Ayes Amy EverittPat Curtin James SheaChris Burke Laura Swanson, nays 0
Laura Swanson made a motion to approve the Northeast Animal Shelter request for a dog reunion at the Willows. James Shea seconded.The vote was as follows:Ayes Amy EverittPat Curtin James SheaChris Burke Laura Swanson
Nays 0
Golf Course James Shea said he is not in favor of making any price increases this year. James Shea made a motion to approve the request for a golf league from Rhoda Tarmy. Doug Bollen will decide on times. Pat Curtin seconded.The vote was as follows:Ayes Amy EverittPat Curtin James SheaChris Burke Laura Swanson, Nays 0 Friday and Saturday leagues are required to pay $100.00 per tee time. Weekdays are $25.00 per tee time for leagues donation to course.James Shea made a motion to request $10,000.00 from the reserve receipt account from the Golf Course for the club house and also for 6" water main for irrigation system. Laura Swanson seconded. The vote was as follows:Ayes Amy EverittPat Curtin James SheaChris Burke Laura Swanson, Nays 0
Witch House Grant - trying to get a matching grant for $2500.00
New State Ramp at Kernwood Marina April - June 30Men's bathroom RFP will be done February 24.
Mack Park building RFP - no bid
sOld Businessnone
New BusinessRFP procedures need to be in order Should have a set of procedures to follow for RFP's. To help the process run along quicker. Need to have a policy in place. Laura Swanson said she would like to see a Park Review Committee to allow them to be part of the whole process.SALEM
COMMON ORDINANCE DISCUSSION AND REVEIWThe Commission never saw the draft that came through the sub. Committee, we have never been asked for an opinion. The Commission would have liked to see a draft of the proposal before the meeting.The parks are deeded to the Park and Recreation. These were the recommendations and the corrections that were given and need to be approved and responded to. Commissioners request for changes:Article III. Salem Common Use PolicySec. 26-66 Purpose and goals.(d) Laura Swanson said it needs to state that “except when City Council approval is required.”Laura Swanson said that if people are not happy with the Park and Recreation’s answer then they can go to the City Council for another answer. She said it needs to be clear what the Council
wants to have approval of. What are the guidelines? The following statement in (d) should be stricken.The city council shall be the permit granting authority for any proposed activity not specifically addressed in this ordinance including, but not limited to, the consumption of alcoholic beverages.James Shea said there is no alcohol on the Common except by the permit granting authority that is very vague.Laura Swanson asked Madam Chair to ask Dr. Curtin. “Is it the understanding form the sub committee that if people are not happy with the Park and Rec. Vote that they could go to the City Council?” Pat Curtin responded: “They should be able to go to the City Council if they want to”.Sec. 26-67. Definitions.Chris Burke said Why try to define anything. Anything in artfully defined just gives an opportunity for someone to argue that something does not fit the definition. Also, why define these terms and not
others?Disorderly conduct is something that the Massachusetts’ statute outlawing disorderly conduct does even attempt to define. Case law (a lot of case law) defines it. Disorderly conduct is against the law in Massachusetts and carries up to a six month jail sentence. The ordinance now bans a particularly defined form of disorderly conduct and does not provide for a sanction.Special EventHow does this impact Heritage Days. Chris Burke says “Here, the ordinance talks about events that draw a crowd. This is vague beyond comprehension. A good touch football game draws a crowd. The permitting process should be about events that require a scheduled and exclusive use of public space. A cute baby can draw a crowd.Wet Turf – should be at the digression of the Superintendent Doug Bollen.26-68 Permit requiredThe Commissioner would like to strike this whole statement:The purpose for requiring permits for any
activity is to promote the use of the common in a manner consistent with its nature and history; to protect the Common from harm; to ensure adequate notice for event so that arrangements may be made to protect public health and safety and to minimize interference with the public event.Chris Burke “A manner that is consistent with its nature and history” is a term that easily is abused to try to block an event that does not fit the aesthetic sensibility of a particular person or group. Also strike:Any vehicles to be used must be included in the permit process at the time of the application. Use of a vehicle on the Common should be on the permit application. Why is it in this section?Steve “If the City puts an event on and they make X amount of dollars, they don’t have a permit that says X amount of that goes back into the Common. How do you guarantee what they will give back to the Common, the events that are not non-profit?Laura
Swanson said “Be fair and consistent for all City Events regardless of where it is taken place”. City event that is defined in a Common Ordinance is wrong” A City Event is a City Event”26-69 Permit ProcessThe Commission would like the City Solicitors confirmation on the section (a).In section (b) vi. –Statement of equipment and facilities to be used, the Commission would like to add:* Any other information requested by the Park and Recreation and or City Council or any other authority.(c) The Commission would like to strike the following sentence: The park and recreation department shall not accept any application that is not accompanied by the required fee. The Commission feels that this is not practical.Chris Burke said “Why does a person or group have to pay when they apply and before they are granted permission? Have groups on the Common had a worse track record for paying required fees than groups applying to
use other parks? Could we say the fee has to be paid two weeks prior to the event?Laura Swanson said it’s unclear what the allowable and not allowable permitting events are? She said that “everything is allowed except what is prohibited.” Pat Curtin said “Commercial advertising could be prohibited activity”.Laura Swanson asked “Does the City Council want to entertain the permitting of a UN prohibited activity:”(d) The Commission would like to strike this sentence in section (d) any application not fully allowed by this use policy may be submitted to the city council for review and final approval. – This gives the person the right to appeal to the City Council.Chris Burke said “If a permit is denied by the Park and Recreation Commission because it thinks it is not an allowed use, this section and Sec 26-66 (d) now gives a right of appeal to the City Council. How does a person or group know whether to
go to the Commission first or the Council first when applying for a permit? Do they have to be denied by the Commission as an unauthorized use before they can approach the Council? Chris said (e) “This clause may allow any application to be heard by the city council.The Commission would like to strike all of (f)Chris Burke questioned “What are the City requirements?” Strike (h) and suggested phrasing: “No motorized or towed vehicle may be on the Common without a visible permit and the time and places the vehicle is authorized to go on the Common should be shown on the permit as per the Superintendent or his designee.”The Commission would like to add (j) to 26-69(j) The applicant must first submit the application to the City Council if you want the use of alcohol beverages.26-70 Grounds for denial of permit applicationChris Burke said “When you set out the grounds for denying permit applications, you limit yourself to
those grounds. Is it not better to give the Commission discretion to deny permits for any reason that is reasonable and non-discriminatory?”The Commission would like to strike (1) – (8)Wet turf should be at the digression of Superintendent Doug Bollen.26-72 Prohibited VehiclesThe Commission does not think these should be under prohibited, some are police detail. The Commission would like to strike (5), (7), (8), (10), and (11).Doug Bollen should be able to give permission to drive over to the Bandstand.26-73 Use fees purpose.The Commission would like to charge for an event, not per day.(b) Section the Commission would like to put back the rest of the sentence that reads…upon approval of the mayor, and following a vote of the city council. Because the Receipt reserved account always needs approval from the mayor, and city council.Fee ScheduleThe Commission would like to remove Table inset: (11) Vendor and (12) trash removal – all events, if required by Commission. The Commission
feels it is administratively problematic. 26-74 Cancellation of event, refund of fees.Strike: Fees paid pursuant to this article shall not be refundable when the event is canceled by the petitioner, for any reason, nor shall they be refundable due to cancellation of an event because of inclement weather. The Commission would like to add to 26-74 Fees shall not be refundable when the permit issued has been revoked for noncompliance with permit conditions and under the discretion of the Superintendent. 26-75 Posted Regulations; SignageChris Burke said that everything that is on the sign should be included in the 26-72 prohibited activities. The Commission would like to strike the last line: loitering on the common grounds between 10:00 PM – and 5:00 am. Laura Swanson has a problem with the language of this draft. She doesn’t feel that the City Solicitor drafted this prohibited list. Laura Swanson would like the police
department’s opinion of what the police consider loitering. The solicitor put this into draft form but didn’t approve anything.
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