MINUTES - Regular - 6/22/2006 482 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
June 22, 2006 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on June 16, 2006 at 10.26 A.M.
Councillor Furey was recorded as absent.
Council President Jean M. Pelletier presided.
Councillor Sargent moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Pelletier requested that everyone please rise to recite the Pledge of Allegiance.
#440 — (#429) — HEARING NATIONAL GRID CONDUITS ON BLANEY STREET
A hearing was held on the order of National Grid for two (2) conduits on Blaney Street.
Appearing in favor was John Jaworski, Sr. Operations Engineer for National Grid. There was no
one in opposed. Councillor O'Keefe moved that the hearing be closed. Councillor Corchado moved
that the request be granted. It was so voted.
#441 — (#430) — HEARING NATIONAL GRID CONDUITS ON LAFAYETTE STREET
A hearing was held on the order of National Grid for six (6) conduits on Lafayette Street.
Appearing in favor was Scott Sobozinski of National Grid. Councillor Sosnowski asked if this would
interfere with the walkway. Councillor Pelletier requested and received unanimous consent to allow
Mr. John Giardi, City Electrician to speak. Mr. Giardi stated that it would not interfere with the
walkway, it is a 5 to 6 foot cabinet on National Grids property. There was no one opposed.
Councillor O'Leary moved that the hearing be closed. Councillor O'Leary moved that the request
be granted. It was so voted.
#442 — REAPPOINTMENT CONSTABLE
The Mayor's reappointment of James L. Russell, Jr. to serve as a constable with a term to
expire June 1, 2009, was received and filed.
CITY OF SALEM 483
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#443 —APPR. - STABILIZATION FUND
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of Two Hundred Forty-six Thousand, Six Hundred and Sixty-
Three Dollars ($246,663.00) is hereby appropriated from the "Fund Balance Reserved for
Appropriation - Free Cash" account to the "Stabilization Fund" in accordance with the
recommendation of Her Honor the Mayor.
#444 —APPR. — HUMAN RESOURCES —WORKERS COMP. MEDICAL
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of Fifty-three Thousand, Six Hundred Fifty Dollars ($53,650.00)
is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free Cash" account to
the "Human Resources —Workers Comp Medical" in accordance with the recommendation of Her
Honor the Mayor.
#445 —APPR. — FOR PURCHASE OF PARKING METERS
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 6 yeas, 4 nays, 1 absent. Councillors Blair, O'Keefe, Prevey, Sargent,
Veno and Pelletier were recorded as voting in the affirmative. Councillors Corchado, Lovely,
O'Leary, Sosnowski were recorded as voting in the negative. Councillor Furey was recorded as
absent.
ORDERED: That the sum of Thirty-Seven Thousand, Seven Hundred Twenty-one Dollars
($37,721.00) is hereby appropriated from the "Capital Outlay Equipment" account to be expended
for the purchase of Parking Meters at Salem Willows for the Recreation Department in accordance
with the recommendation of Her Honor the Mayor.
484 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#446 —APPR. — GROUP INSURANCE LINE ITEMS
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of Thirty-Three Thousand, Two Hundred Thirty-Six Dollars and
Forty-eight cents ($33,236.48) is hereby appropriated from the "Receipts Reserved —
Harbormaster" account to the following Group Insurance Lines in accordance with the
recommendation of Her Honor the Mayor.
Health Insurance 19141-5174 $32,509.40
Dental Insurance 19141-5181 429.96
Life Insurance 19141-5182 297.12
Total $33,236.48
#447 —APPR. —VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of Eighteen Thousand, Eight Hundred Forty-Six Dollars and
Seventy-Two cents ($18,846.72) is hereby appropriated from the "Receipts Reserved — Golf
Course" account to the following Group Insurance Lines in accordance with the recommendation of
Her Honor the Mayor.
Health Insurance 19141-5174 $17,541.12
Dental Insurance 19141-5181 859.92
Life Insurance 19141-5182 445.68
Total $18,846.72
CITY OF SALEM 485
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#448 —APPR. — PUBLIC SERVICES — GASOLINE
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of Fourteen Thousand, One Hundred Eighty-Two Dollars
($14,182.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free
Cash" account to the "Public Services - Gasoline" account in accordance with the recommendation
of Her Honor the Mayor.
#449 —APPR. - PUBLIC SERVICES — WATER GASOLINE
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of Fourteen Thousand, One Hundred Eighty-Two Dollars
($14,182.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free
Cash" account to the "Public Services —Water Gasoline" account in accordance with the
recommendation of Her Honor the Mayor.
#450 —APPR. — PUBLIC SERVICES — SEWER GASOLINE
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of Fourteen Thousand, One Hundred Eighty-Two Dollars
($14,182.00) is hereby appropriated from the "Fund Balance Reserved for Appropriation - Free
Cash" account to the "Public Services — Sewer Gasoline" account in accordance with the
recommendation of Her Honor the Mayor.
486 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#451 —APPR. — CEMETERY— BURIAL
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of Three Thousand, Nine Hundred Twenty Dollars ($3,920.00) 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.
#452 — TRANSFER TO PARKING BUILDING MAINTENANCE
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of Three Thousand, Four Hundred Seventy-Five Dollars
($3,475.00) is hereby transferred from the "Parking Seasonal Salary" account to the "Parking
Building Maintenance" account in accordance with the recommendation of Her Honor the Mayor.
#453 — TRANSFER TO ELECTIONS AND REGISTRATION - FULL TIME SALARY
The following Order, recommended by the Mayor, was adopted under suspension of the
rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
ORDERED: That the sum of One Thousand, Thirty-Five Dollars and Sixty cents
($1,035.60) is hereby transferred from the "Park & Recreation — Full Time Salary" account to the
"Elections & Registration — Full Time Salary" account in accordance with the recommendation of
Her Honor the Mayor.
CITY OF SALEM 487
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#454 — INCREASE WATER AND SEWER RATE
The following Order, recommended by the Mayor, was referred back to the Mayor for an
Ordinance.
ORDERED: That effective July 1, 2006, Sewer Rates be increased by 9% to $4.24 per
HCF for residential and $6.42 per 0-250 HCF Commercial and $8.23 per 251+HCF Commercial.
That effective July 1, 2006, Water Rates be decreased by 2% to $2.18 per HCF for
residential and $2.96 per HCF for Commercial.
#455 —ACCEPT MASSACHUSETTS GENERAL LAW FOR EMERGENCY SPENDING IN
CASES OF NATURAL DISASTER
The following Order, recommended by the Mayor, was adopted by roll call vote of 9 yeas, 1
nay, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe, O'Leary, Prevey, Sargent, Veno and
Pelletier were recorded as voting in the affirmative. Councillor Sosnowski was recorded as voting in
the negative. Councillor Furey was recorded as absent.
ORDERED: That the City of Salem accept Massachusetts General Law, Chapter 44,
Section 31, providing the City of Salem with the authority for emergency spending in cases of
Natural Disaster.
#456 — PARKING RATE FOR 4T" OF JULY
The following Order, recommended by the Mayor.
ORDERED: That a $5.00 parking rate entry fee be in effect for the 4t" of July Holiday from
9.00 A.M. to 9.00 P.M.
Councillor Veno amended to include words South Harbor Garage. It was so voted. The
Order was adopted as amended.
ORDERED: That a $5.00 parking rate entry fee be in effect for the 4t" of July Holiday from
9.00 A.M. to 9.00 P.M. at the South Harbor Garage.
488 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#457 — INTERGOVERNMENTAL AGREEMENT WITH ESSEX NATIONAL HERITAGE
COMMISSION
The following Order, recommended by the Mayor, was adopted by a roll call vote of 9 yeas,
1 nay, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe, Prevey, Sargent, Sosnowski, Veno
and Pelletier were recorded as voting in the affirmative. Councillor O'Leary was recorded as voting
in the negative. Councillor Furey was recorded as absent.
ORDERED: That the Mayor is hereby authorized to enter into an intergovernmental
agreement with the Essex National Heritage Commission, acting on behalf of the National Park
Service, to preserve the ramp and float system at Central Wharf and install a new ramp and float
system at Blaney Street.
#458 — ORDINANCE AMENDING SOLID WASTE MANAGEMENT
The following Ordinance, recommended by the Mayor.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to Solid Waste Management
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 36, Solid Waste Management shall be amended by adding the following
new sections:
Section 36-5 Residential Curbside Solid Waste and Recycling Collection
The City shall provide weekly municipal curbside solid waste and recycling collection to all
owner-occupied residential units and non-owner occupied rental units serviced by the
municipal collection contract at the time this Ordinance is adopted.
The City Engineer shall make such rules, consistent with the city's solid waste and recycling
collection contracts, as are necessary to provide for the efficient and safe administration of
solid waste and recycling under this article. Such rules shall include the types of items
collected and the limits placed on the quantity of items collected.
CITY OF SALEM 489
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
Section 36-6 Collection Fee for Certain Residences
(a) The owner of any non-owner occupied residential unit receiving curbside collection
pursuant to Section 36-5 shall be charged a monthly fee of$20.00 per unit for the
collection of solid waste. The monthly fee collected from any one property shall not
exceed $100.00.
(b) Solid waste fees for non-owner occupied residential dwellings shall not be collected
when the owner or occupant thereof presents a current contract for private rubbish
collection for the premises. Such contract must be valid and remain in force for the entire
term of the contract. Such contract must include: the term, address, number of units,
and contract price. In the event that the contract is terminated, the property owner shall
notify the City in writing within five (5) business days.
(c) Fees not collected shall be subject to all collection remedies as provided for real estate
collection, including interest and demand fees. Any fee not paid within (30) days from the
date of mailing of each bill may be Iiened to the property in the following fiscal years' real
estate bill. Such liens shall remain valid to the extent allowed by law.
(d) Property owners shall be entitled to obtain a waiver of trash fees on a per-month basis
for residential dwelling units that are vacant for an entire month. It shall be the
responsibility of the property owner to complete an affidavit as to the vacancy of the unit
and submit same to the city engineering department. The city shall not issue a waiver of
trash fees for any month that precedes the date the property owners affidavit is
submitted to the engineering department. Individuals who make one (1) or more false
representations regarding the vacancy status of a residential dwelling unit shall be fined
twice the amount of the single unit fee for each such false representation.
Section 36-7 Commercial Curbside Solid Waste and Recycling Collection
As of the effective date of this ordinance, the city shall continue to provide solid waste and
recycling collection to existing small businesses currently utilizing municipal collection. New
small businesses, after the effective date of this ordinance, shall qualify for municipal
collection if they occupy a location from which the city formerly collected solid waste and
recycling.
Section 36-8 Collection Fee for Certain Commercial Establishments
Any commercial establishment which utilizes municipal collection of solid waste and
recycling shall be charged a monthly fee of$30.00 per month.
Section 2. This Ordinance shall take effect as provided by City Charter.
490 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
Councillor Blair amended Section 36-5, second paragraph after City Engineer add with
approval of a two-thirds vote of the City Council.
Councillor Blair amended Section 36-5 second paragraph should read such rules shall
include the types of items collected.
Councillor Blair amended Section 36-6 to include new sub-section: (e) Residents over age
60 who occupy a unit in which the resident has a life estate or in which the resident is a
beneficiary of a trust holding said unit shall be exempt from such fee. (f) Owner occupied
residential units will not be charged a fee.
Councillor Lovely amended Section 36-9 This Ordinance is to be returned to City Council on
or before July 1, 2007 for revisit and reratification.
The amendments were adopted by a roll call vote of 7 yeas, 3 nays, 1 absent. Councillors
Blair, Lovely, O'Keefe, Prevey, Sargent, Veno and Pelletier were recorded as voting in the
affirmative. Councillors Corchado, O'Leary and Sosnowski were recorded as voting in the
negative. Councillor Furey was recorded as absent.
Councillor O'Keefe moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
The Ordinance was adopted as amended for first passage by roll call vote of 6 yeas, 4 nays,
1 absent. Councillors Blair, O'Keefe, Prevey, Sargent, Veno and Pelletier were recorded as
voting in the affirmative. Councillors Corchado, Lovely, O'Leary and Sosnowski were
recorded as voting in the negative. Councillor Furey was recorded as absent.
The following Ordinance, recommended by the Mayor.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to Solid Waste Management
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 36, Solid Waste Management shall be amended by adding the following
new sections:
Section 36-5 Residential Curbside Solid Waste and Recycling Collection
The City shall provide weekly municipal curbside solid waste and recycling collection to all
owner-occupied residential units and non-owner occupied rental units serviced by the
municipal collection contract at the time this Ordinance is adopted.
CITY OF SALEM 491
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
The City Engineer with the approval of a two-thirds vote of the City Council, shall make such
rules, consistent with the city's solid waste and recycling collection contracts, as are
necessary to provide for the efficient and safe administration of solid waste and recycling
under this article. Such rules shall include the types of items collected.
Section 36-6 Collection Fee for Certain Residences
(a) The owner of any non-owner occupied residential unit receiving curbside collection
pursuant to Section 36-5 shall be charged a monthly fee of$20.00 per unit for the
collection of solid waste. The monthly fee collected from any one property shall not
exceed $100.00.
(b) Solid waste fees for non-owner occupied residential dwellings shall not be collected
when the owner or occupant thereof presents a current contract for private rubbish
collection for the premises. Such contract must be valid and remain in force for the entire
term of the contract. Such contract must include: the term, address, number of units,
and contract price. In the event that the contract is terminated, the property owner shall
notify the City in writing within five (5) business days.
(c) Fees not collected shall be subject to all collection remedies as provided for real estate
collection, including interest and demand fees. Any fee not paid within (30) days from the
date of mailing of each bill may be Iiened to the property in the following fiscal years' real
estate bill. Such liens shall remain valid to the extent allowed by law.
(d) Property owners shall be entitled to obtain a waiver of trash fees on a per-month basis
for residential dwelling units that are vacant for an entire month. It shall be the
responsibility of the property owner to complete an affidavit as to the vacancy of the unit
and submit same to the city engineering department. The city shall not issue a waiver of
trash fees for any month that precedes the date the property owners affidavit is
submitted to the engineering department. Individuals who make one (1) or more false
representations regarding the vacancy status of a residential dwelling unit shall be fined
twice the amount of the single unit fee for each such false representation.
(e) Residents over the age of 60 who occupy a unit in which the resident has a life estate or
in which the resident is a beneficiary of a trust holding, said unit shall be exempt from
such fee.
(f) Owner occupied residential units will not be charged a fee.
492 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
Section 36-7 Commercial Curbside Solid Waste and Recycling Collection
As of the effective date of this ordinance, the city shall continue to provide solid waste and
recycling collection to existing small businesses currently utilizing municipal collection. New
small businesses, after the effective date of this ordinance, shall qualify for municipal
collection if they occupy a location from which the city formerly collected solid waste and
recycling.
Section 36-8 Collection Fee for Certain Commercial Establishments
Any commercial establishment which utilizes municipal collection of solid waste and
recycling shall be charged a monthly fee of$30.00 per month.
Section 36-9 Ordinance to be returned to City Council
This Ordinance is to be returned to City Council on or before June 1st, 2007 to be formerly
revisited and for re-ratification.
Section 2. This Ordinance shall take effect as provided by City Charter
#459 — ORDINANCE CREATING DOG PARK USE REGULATIONS
The following Ordinance, recommended by the Mayor, was adopted for first passage.
In the year two thousand and six
An Ordinance to amend an Ordinance pertaining to Parks and Recreation
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 26, Parks and Recreation is hereby amended by creating a new Article
within Chapter 26 as follows:
Chapter 26, Article IV. DOG PARK USE REGULATIONS
CITY OF SALEM 493
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
Section 26-100 Establishement
There is established an enclosed dog park at Leslie's Retreat Park for the use and
enjoyment of dogs of residents of the city and residents alike.
Section 26-101 Use Regulations
1) Dogs entering the park must be at least 6 months of age;
2) Dogs must be accompanied by a guardian at least 18 years of age;
3) Children must be accompanied by an adult, age 18 years or older;
4) Dogs must display city dog license and current vaccination tag.
5) Dogs may be leash free once within the confines to the park's second gate;
6) Guardians must have voice control over their dogs at all times;
7) Guardians must immediately clean and properly dispose of waste;
8) Guardians must remain hands free for supervision and safety; and
9) All dogs must be either spayed or neutered.
Section 26-102 Prohibitions
1) Guardians may not supervise more than three (3) dogs at one time;
2) Dogs deemed dangerous pursuant to City Ordinance Chapter 8, Section 8-66 are
prohibited; and
3) Cigarette smoking within the enclosed park is prohibited.
Section 26-103 Penalties
Whoever violates any provision of this Article shall be subject to a fine of$25.00 for the first
offense and $50.00 for any subsequent offense.
Section 2. This Ordinance shall take effect as provided by City Charter.
#460 — ORDINANCE AMENDING ZONING FOR DRIVE-THROUGH FACILITIES
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 six
An Ordinance to amend the Zoning Ordinance to include Drive-Through Regulations
Be it ordained by the City Council of the City of Salem, as follows:
494 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
Section 1. Section VII of the City of Salem Zoning Ordinance is hereby amended by adding
the following new section:
Section 7-22 Drive-through Facilities
1. Purpose:
The purpose of this section is to protect the safety, public health, convenience and
general welfare of the inhabitants of the City of Salem by providing detailed review of
the design and layout of drive-through facilities, which have a substantial impact upon
the character of the City and upon traffic, utilities and services therein.
2. Powers and Administrative Procedures:
The Planning Board is hereby designated the Special Permit Granting Authority
(SPCA) for Drive-Through Plan Approval. The SPGA shall adopt rules relative to the
issuance of special permits for Drive-Through Plan Approval and file a copy with the
City Clerk. The SPGA shall follow the procedural requirements for special permits as
set forth in Section 9 of M.G.L. Chapter 40A. After notice and public hearing and after
due consideration of the reports and recommendations of other City boards,
commissions and/or departments, the SPGA may grant such a permit. The SPGA
shall also impose, in addition to any applicable conditions specified in this section,
such applicable conditions as the SPGA finds reasonable appropriate to improve the
site design, traffic flow, safety and/or otherwise serve the purpose of this section.
Such conditions shall be imposed in writing and the applicant may be required to post
a bond or other surety for compliance with said conditions in an amount satisfactory
to the SPCA.
3. Applicability:
This section applies to all uses identified as requiring a Special Permit for Drive-
Through Facilities in Article V, Section 5-3 (f), and Section 7-21 NRCC.
RC R1 R2 R3 1131 B2 B4 B5 I NRCC
Drive-through N N N N N SP N N SP SP
Facilities —
Fast Food
Drive-through N N N N N SP N N SP SP
Facilities — other
CITY OF SALEM 495
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
N Not allowed
SP Special Permit
4. Traffic Impact Study:
4.1 A detailed traffic impact analysis in accordance with professional engineering
standards is required for any special permit or site plan approval application
containing a Drive-through Facility for Fast Food. The SPGA may require a traffic
impact study for other Drive-through Facilities. A registered professional engineer
experienced and qualified in traffic engineering shall prepare the traffic impact study.
4.2A proposed mitigation plan must be included: A plan (with supporting text) to minimize
traffic and safety impacts through such means as physical design and layout
concepts, or other appropriate means; and an interior traffic and pedestrian circulation
plan designed to minimize conflicts and safety problems. Measures shall be proposed
to achieve the following post-development standards: All streets and intersections to
be impacted by the project shall have the same Level of Service or better than pre-
development conditions.
5. Standards:
5.1 There must be a minimum of 200 feet between curb cuts, unless waived by the
SPCA.
5.2 The width of any curb cut shall not exceed 25 feet, unless the traffic impact study
identifies the need for a larger curb cut and the requirement is waived by the SPCA.
5.3 Curb cuts must be sufficiently setback from intersections and directional
restrictions (i.e. right in/right out only and/or a restrictive median) must be provided as
required by the Board.
5.4 A system of joint use driveways and cross access easements shall be established
wherever feasible and the proposed development shall incorporate the following:
5.4.1 A Service driver or cross access corridor extending the width of the parcel.
5.4.2 Sufficient width to accommodate two-way travel aisles.
5.4.3 Stub-outs and other design features to make it visually obvious that the abutting
properties may be tied in to provide cross-access via a service drive.
5.5 Developments that provide service drives between properties may be permitted a
10% reduction in the required number of parking spaces. If information can be
provided to show that peak demand periods of development with shared parking or a
496 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
service drive connection are not simultaneous, the number of required parking
spaces may be reduced by 20%.
5.6 Drive-through facilities shall provide a minimum of eight (8) stacking spaces
(within the site) before the order board. The facility shall provide another four (4)
stacking spaces between the order board and the transaction window. If the facility
has two transaction windows, the four (4) stacking spaces may be split between each
of the windows. An additional stacking space shall be provided adjacent to the last
transaction windows.
5.7 Each stacking space shall be a minimum of twenty (20) feet in length and ten (10)
feet in width along straight portions. Stacking spaces and stacking lane shall be a
minimum of twelve (12) feet in width along curved segments.
5.8 Stacking lanes shall be delineated from traffic aisles, other stacking lanes and
parking areas with striping, curbing, landscaping and/or the use of alternative paving
materials or raised medians.
5.9 Entrances to stacking lane(s) shall be clearly marked and a minimum of twenty
(20) feet from the curb cut measured at the property line.
5.10 Stacking lanes shall be designed to prevent circulation congestion, both on site
and on adjacent public streets. The circulation shall: (a) separate drive-through traffic
from site circulation, (b) not impede or impair access into or out of parking spaces, (c)
not impede or impair vehicle or pedestrian traffic movement, and (d) minimize
conflicts between pedestrian and vehicular traffic. Stacking lanes shall not interfere
with required loading and trash storage areas and loading or trash operations shall
not impede or impair vehicle movement within stacking lanes. If said separate
stacking lane is curbed, an emergency by-pass or exit shall be provided.
5.11 Any outdoor service facilities (including menu boards, speakers, etc.) shall be a
minimum of one hundred (100) feet from the property line of a residential use. A
landscaped buffer and solid wooden panel fence must be provided to screen the
abutting residential use. The landscaped buffer must be a minimum of twenty (20)
feet long side and rear yards abutting residential property.
5.12 Menu boards shall be a maximum of thirty square feet, with a maximum height
of six (6) feet in height and shall be shielded from any public street and residential
properties.
5.13 A leveling area shall be provided having a minus one percent (-1%) grade for a
distance of thirty (30) feet measured from the nearest exterior line of the intersecting
street, to the point of vertical curvature.
CITY OF SALEM 497
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
5.14 When a drive-through is proposed on a property with an historic building, the
architectural character defining exterior elements of historic building shall be
preserved. Signage should be compatible with the historic character of the building.
6. Compliance:
6.1 No building permit shall be issued by the Building Inspector and no construction
or site preparation shall be started, until the Special Permit decision of the Planning
Board approving a drive-through facility has been filed with the City Clerk.
6.2 An as-built plan, certified by a registered professional land surveyor or engineer
shall be submitted to the Planning Board and Building Inspector before the issuance
of a permanent occupancy permit.
6.3 No permanent occupancy permit shall be issued for any building/drive-through
facility subject to this section unless such building and all its related facilities have
been completed according to the approved site/drive-through plan.
6.4 Any changes in the approved site/drive-through plan, or in the activity to be
conducted on the site shall be submitted to the SPGA for review and approval.
7. Appeals:
Any person aggrieved by a decision of the SPGA may appeal to the Superior Court,
the Land Court or the District Court pursuant to Chapter 30A of the Massachusetts
General Laws.
8. Invalidity:
The invalidity of any section, sentence or provision of this by-law shall not affect the
validity of any other section, sentence or provision of this zoning by-law.
Section 2. Amend Section 5-3 (f) of the Zoning Ordinance by adding the following
provisions:
"(5) Drive-through Facilities — Fast Food; subject to the provisions of Section 7-22
(6) Drive-through Facilities — Other; subject to the provisions of Section 7-22"
Section 3. Amend Section 7-21 North River Canal Corridor Neighborhood Mixed Use
District by adding the following to Section 7-21 (e) (5) special permit uses:
c. Drive-through Facilities — Other in accordance with the requirements of Section
498 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
7-22 Drive-through Facilities
Further amend Section 7-21 by adding within 7-21 (f) Prohibited Uses the words
"Fast Food" after the words "(5) Drive-through Facilities" so that it reads "(5) Drive-
through Facilities — Fast Food".
Section 4. Amend Article II Definitions by adding the following new definitions in
alphabetical order:
Cross Access: A service drive providing vehicular access between two or more
contiguous sites so the driver need not enter the public street system.
Drive-through Facility: A commercial facility which provides a service directly to a
motor vehicle or where the customer drives a motor vehicle onto the premise and to a
window or mechanical device through or by which the customer is serviced without
exiting the vehicle. This shall not include the selling of fuel at a gasoline filling station
or the accessory functions of a carwash facility such as vacuum cleaning stations.
Drive-through Facility — Fast Food: A drive-through facility that serves food or drink.
Drive-through Facility — Other: A drive-through facility that does not include food or
drink; includes banks, pharmacies, and similar uses.
Joint Access (or shared Access): A driveway connecting two or more contiguous sites
to the public/private street system.
Stacking Lane: An area within a stacking lane for vehicles waiting to order and/or
finish a drive-through service.
Stacking Space: An area within a stacking lane for vehicles waiting to order and/or
finish a drive-through transaction.
Section 5. This Ordinance shall take effect as provided by City Charter.
#461 — RESOLUTION FOR SUBMISSION OF STATEMENT OF INTEREST FORM TO THE
MASSACHUSETTS BUILDING AUTHORITY
The following Resolution, recommended by the Mayor was adopted by a roll call vote of
10 yeas, 0 nays 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe, O'Leary, Prevey, Sargent,
Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor Furey was
recorded as absent.
CITY OF SALEM 499
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
RESOLUTION:
Be it hereby RESOLVED By the Salem City Council, as follows:
Having convened in an open meeting on June 22, 2006, the Salem City Council, in
accordance with its Charter and Ordinances, hereby votes to authorize the Superintendent to
submit to the Massachusetts School Building Authority a Statement of Interest Form, dated June
15, 2006, for Salem High School Phase 2, located at 77 Willson Road, which describes and
explains the following deficiencies and the priority category(s) for which an application may be
submitted to the Massachusetts School Building Authority in the future, as more particularly
described in the attached MSBA Statement of Interest Form Salem High School Phase 2
Renovation Project, which is attached hereto, as Exhibit A.
And hereby further specifically acknowledges that by submitting this Statement of Interest
Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the
approval of an application, the awarding of a grant or any other funding commitment from the
Massachusetts School Building Authority, or commits the City of Salem to filing an application for
funding with the Massachusetts School Building Authority.
Councillor O'Leary moved immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
#462 — SPECIAL MUNICIPAL EMPLOYEE —ATTORNEY JERALD PARISELLA
The following Order, recommended by the Mayor was adopted by a roll call vote of 8 yeas, 2
nays, 1 absent. Councillors Blair, Lovely, O'Keefe, Prevey, Sargent, Sosnowski, Veno and Pelletier
were recorded as voting in the affirmative. Councillors Corchado and O'Leary were recorded as
voting in the negative. Councillor Furey was recorded as absent.
ORDERED: That Assistant City Solicitor, Attorney Jerald Parisella, is hereby designated a
Special Municipal Employee under the provisions of M.G.L. Chapter 268.
Councillor O'Keefe moved immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
#463 — TAX IMPACT STUDY ON POTENTIAL SUBSTANTIAL DEVELOPMENT PROJECTS
Councillor Lovely introduced the following Order, which was adopted.
500 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
ORDERED: That the matter of potential developers proposing substantial development
projects be required to submit a Tax Impact Study to the Committee on Community and Economic
Development prior to proceeding with the permitting process and the matter be referred to the
Committee on Community and Economic Development for review.
Councillor O'Leary took the chair.
#464 —ADMINISTRATION LOOK INTO AN ORDINANCE FOR PARADES PERTAINING TO
MOTORCYCLE RUN
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Administration and Legal Department look into the possibility of
amending the existing Traffic Ordinance Chapter 42, Section 7 for Parade Permits in regards to the
Motorcycle Run (Parade) that comes through the City of Salem at the end of October each year
and also to consider a Permit Fee.
Councillor Pelletier assumed the chair.
Councillor O'Keefe took a moment of personal priviledge to wish Ben Casselman of the Salem
News good luck in his new position at the Wall Street Journal.
Councillor O'Keefe request and received unanimous consent for suspension of the rules to allow
Mr. Casselman to speak.
#465 — BLOCK PARTY PERMIT FOR NAUMKEAG STREET
Councillor Corchado introduced the following Order, which was adopted.
ORDERED: That the enclosed block party permit for the residents of Naumkeag Street to be
held on July 4t", 2006 be granted.
CITY OF SALEM 501
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#466 — (#434— 435) - GRANTING CERTAIN LICENSES
Councillor Lovely introduced 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.
TAXI CAB All City Cab, 1 Market Street#204, Lynn, MA (2 cabs)
TAXI OPERATOR Santo Ozoria, 9 Prince St. Place, Salem, MA
German Amezaquita, 38 Ward St., Apt. 1, Salem, MA
#467 — (#243) — RESOLUTION FOR NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
Councillor Corchado introduced the following report for the Committee on Public Health,
Safety and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred the matter
of a Resolution for the National Incident Management System (NIMS) for the City of Salem has
considered said matter and would recommend that the Resolution be adopted.
#468 — (#241) —ACCEPT M.G.L. CHAPTER 44, SECTION 55C, MUNICIPAL AFFORDABLE
HOUSING TRUST FUND
Councillor Sosnowski introduced the following report for the Committee on Community and
Economic Development. It was voted to accept the report. Councillor O'Leary was reported as
opposed. The matter was referred to the Committee of the Whole.
The Committee on Community and Economic Development to whom was referred the
matter of accepting Massachusetts General Law Chapter 44, Section 55C, to establish a Municipal
Affordable Housing Trust Fund has considered said matter and would recommend that the matter
be reported out to the full Council with a favorable recommendation.
#469 —ANNUAL BUDGET FISCAL YEAR 2007
Councillor O'Leary introduced the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation.
502 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
The Committee on Administration and Finance to whom was referred the matter of the
Annual Budget for Fiscal Year 2007 has considered said matter and would recommend that the
attached orders be adopted.
#470 — MAYOR
ORDERED: That the Annual Appropriations under the authority of the Mayor shall be as follows:
Mayor
Personnel $227,967.00
Non Personnel Expenses $127,050.00
Total $355,017.00
#471 — CITY COUNCIL
ORDERED: That the Annual Appropriations under the authority of the City Council shall be as
follows-
City Council
Personnel $119,700.00
Non Personnel Expenses $26,850.00
Total $146,550.00
#472 — CITY CLERK
ORDERED: That the Annual Appropriations under the authority of the City Clerk shall be as
follows-
City Clerk
Personnel $149,290.00
Non Personnel Expenses $6,550.00
Total $155,840.00
CITY OF SALEM 503
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#473 — ELECTIONS AND REGISTRATION
ORDERED: That the Annual Appropriations under the authority of the Elections and Registration
shall be as follows:
Elections & Registration
Personnel $167,593.00
Non Personnel Expenses $51,850.00
Total $219,443.00
#474 -ASSESSOR
ORDERED: That the Annual Appropriations under the authority of the Assessor shall be as follows:
Assessing
Personnel $194,013.00
Non Personnel Expenses $34,000.00
Total $228,013.00
#475 — COLLECTOR
ORDERED: That the Annual Appropriations under the authority of the Collector shall be as follows:
Collector
Personnel $193,758.00
Non Personnel Expenses $17,625.00
Total $211,383.00
504 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#476 — DATA PROCESSING
ORDERED: That the Annual Appropriations under the authority of the Data Processing shall be as
follows-
Data Processing
Personnel $144,734.00
Non Personnel Expenses $9,116.00
Total $153,850.00
Fixed Costs $172,920.00
GIS $57,000.00
Grand Total $388,770.00
#477 — FINANCE DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the Finance Department shall be
as follows:
Finance Department
Personnel $211,804.00
Non Personnel Expenses $5,000.00
Total $216,804.00
CITY OF SALEM 505
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#478 — PARKING DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the Parking Department shall be
as follows:
Parking Department
Personnel $448,153.00
Non Personnel Expenses $145,200.00
Total $593,353.00
#479 — PURCHASING
ORDERED: That the Annual Appropriations under the authority of the Purchasing Department shall
be as follows:
Purchasing Dept.
Personnel $94,524.00
Non Personnel Expenses $17,700.00
Total $112,224.00
Fixed Costs $54,000.00
Grand Total $166,224.00
#480 — TREASURER
ORDERED: That the Annual Appropriations under the authority of the Treasurer shall be as
follows-
Treasurer
Personnel $135,734.00
Non Personnel Expenses $52,050.00
Total $187,784.00
506 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
Debt Service $6,688,252.00
Short Term Debt. $297,452.00
Total $6,985,704.00
Assessments
NSRS/Charter/Choice $1,514,562.00
Contributory Retirement
Personnel Services $7,065,685.00
Non Contributory Retirement $175,000.00
Medicare
Personnel Services $645,000.00
Municipal Insurance
Non Personnel Expenses $306,000.00
GRAND TOTAL $16,879,735.00
#481 — SOLICITOR
ORDERED: That the Annual Appropriations under the authority of the Solicitor shall be as follows:
Solicitor
Personnel $142,418.00
Non Personnel Expenses $91,000.00
Total $233,418.00
CITY OF SALEM 507
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#482 — HUMAN RESOURCES
ORDERED: That the Annual Appropriations under the authority of the Human Resources shall be
as follows:
Human Resources
Personnel $181,857.00
Non Personnel Expenses $25,650.00
Total $207,507.00
Workmen's Comp-Personnel $305,000.00
Unemployment Comp-Personnel $260,000.00
Group Insurance-Personnel $9,429,000.00
GRAND TOTAL $10,201,507.00
#483 — FIRE DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the Fire Department shall be as
follows-
Fire Department
Personnel $5,578,410.00
Non Personnel Expenses $367,863.00
Total $5,946,273.00
#484 — HARBORMASTER
ORDERED: That the Annual Appropriations under the authority of the Harbormaster shall be as
follows-
Harbormaster
Personnel $214,506.00
Non Personnel Expenses $37,300.00
Total $251,806.00
508 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#485 — POLICE DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the Police Department shall be
as follows:
Police Department
Personnel $6,716,656.00
Non Personnel Expenses $384,150.00
Total $7,100,806.00
#486 — ELECTRICAL DEPT.
ORDERED: That the Annual Appropriations under the authority of the Electrical Department shall
be as follows:
Electrical Dept.
Personnel $265,451.00
Non Personnel Expenses $546,199.00
Total $811,650.00
#487 — BOARD OF HEALTH
ORDERED: That the Annual Appropriations under the authority of the Health Department shall be
as follows:
Health Dept.
Personnel $401,586.00
Non Personnel Expenses $17,650.00
Total $419,236.00
CITY OF SALEM 509
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#488 — LICENSING
ORDERED: That the Annual Appropriations under the authority of the Licensing shall be as
follows-
Licensing
Personnel $46,658.00
Non Personnel Expenses $1,539.00
Total $48,197.00
#489 — PUBLIC PROPERTY
ORDERED: That the Annual Appropriations under the authority of the Public Property shall be as
follows-
Public Property
Board of Appeals
Personnel $3,000.00
Non Personnel Expenses $675.00
Total $3,675.00
Building Maintenance
Personnel $88,693.00
Non Personnel Expenses $143,160.00
Total $231,853.00
Public Property
Fixed Costs $497,725.00
Inspectional Services
Personnel $228,626.00
Non Personnel Expenses $2,000.00
Total $230,626.00
GRAND TOTAL $963,879.00
510 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#490 - PLANNING DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the Planning Department shall
be as follows:
Planning Dept.
Conservation Commisstion
Personnel $21,592.00
Non Personnel Expenses $425.00
Total $22,017.00
Planning Board
Personnel $21,592.00
Non Personnel Expenses $3,500.00
Total $25,092.00
Planning Dept.
Personnel $175,586.00
Non Personnel Expenses $7,275.00
Total $182,861.00
Market & Tourist Commission
Non Personnel Expenses $8,000.00
Historical Commission
Personnel $6,710.00
Non Personnel Expenses $1,609.00
Total $8,319.00
GRAND TOTAL $246,289.00
CITY OF SALEM 511
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#491 — PUBLIC SERVICES DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the Public Services Department
shall be as follows:
Public Services Dept.
Public Services
Personnel $1,451,399.00
Non Personnel Expenses $551,590.00
Total $2,002,989.00
Snow & Ice
Personnel $50,000.00
Non Personnel Expenses $344,560.00
Total $394,560.00
Solid Waste Collection $3,198,754.00
GRAND TOTAL $5,596,303.00
#492 — PUBLIC SERVICES / ENGINEERING
ORDERED: That the Annual Appropriations under the authority of the Public Services/ Engineering
shall be as follows:
Public Services/Engineer
Engineering
Personnel $77,483.00
Non Personnel Expenses $12,850.00
Total $90,333.00
512 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#493 — COUNCIL ON AGING
ORDERED: That the Annual Appropriations under the authority of the Council on Aging shall be as
follows-
Council on Aging
Personnel $262,168.00
Non Personnel Expenses $18,797.00
Total $280,965.00
#494 — LIBRARY
ORDERED: That the Annual Appropriations under the authority of the Library shall be as follows:
Library
Personnel $758,008.00
Non Personnel Expenses $268,846.00
Total $1,026,854.00
#495 — RECREATION AND COMMUNITY SERVICE
ORDERED: That the Annual Appropriations under the authority of the Recreation and Community
Service shall be as follows:
Recreation & Community Services Division
Recreation
Personnel $308,139.00
Non Personnel Expenses $97,412.00
Total $405,551.00
Golf Course
Personnel $220,222.00
Non Personnel Expenses $86,911.00
Total $307,133.00
CITY OF SALEM 513
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
Witch House
Personnel $74,066.00
Non Personnel Expenses $60,680.00
Total $134,746.00
Winter Island
Personnel $92,482.00
Non Personnel Expenses $41,520.00
Total $134,002.00
GRAND TOTAL $981,432.00
#496 —VETERANS SERVICES
ORDERED: That the Annual Appropriations under the authority of the Veterans Services shall be
as follows:
Veterans Services
Personnel $56,014.00
Non Personnel Expenses $77,157.00
Total $133,171.00
#497 — SCHOOL DEPARTMENT
ORDERED: That the Annual Appropriations under the authority of the School Department shall be
as follows:
School Dept.
Personnel $31,622,512.00
Non Personnel Expenses $10,540,838.00
Total $42,163,350.00
514 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#498 — SEWER ENTERPRISE FUND
ORDERED: That the Annual Appropriations under SEWER Enterprise Fund shall be as follows:
SEWER ENTERPRISE FUND
Sewer Public Services
Personnel $280,686.00
Non Personnel Expenses $206,030.00
Total $486,716.00
Sewer- Engineer
Personnel $51,082.00
Non Personnel Expenses $241,547.00
Total $292,629.00
Sewer Assessment $5,515,899.00
GRAND TOTAL $6,295,244.00
#499 —WATER ENTERPRISE FUND
ORDERED: That the Annual Appropriations under WATER Enterprise Fund shall be as follows:
WATER ENTERPRISE FUND
Water Public Services
Personnel $284,286.00
Non Personnel Expenses $371,845.00
Total $656,131.00
Water Engineering
Personnel $51,082.00
Non Personnel Expenses $475,500.00
Total $526,582.00
CITY OF SALEM 515
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
Salem/Beverly Water Board
Water Short Term Debt $151,604.00
Assessment $2,081,364.00
GRAND TOTAL $3,415,681.00
#500 — FISCAL YEAR 2007 BUDGET
ORDERED: That the aggregate Fiscal Year 2007 operating budget, recommended by the Mayor in
the Amount of$96,051,601.00 is hereby adopted in the amount of$96,051,601.00 by a roll call
vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe, O'Leary, Prevey,
Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative. Councillor
Furey was recorded as absent.
AND BE IT FURTHER ORDERED: That the adopted Fiscal Year 2007 operating budget be funded
from property taxes, state aid, and non-property tax revenues when the Fiscal Year 2007 tax rate is
set.
Total Operating Budget for Fiscal Year 2007: $96,051,601.00
Councillor O'Leary moved for immediate reconsideration in the hopes it does not prevail.
Reconsideration was denied.
#501 — TOTAL SEWER ENTERPRISE FUND
ORDERED: That the Sewer Enterprise Fund Fiscal Year 2007 Operating Budget, recommended
by the Mayor in the amount of$6,295,244.00 is hereby adopted in the amount of$6,295,244.00 by
a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe, O'Leary,
Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative.
Councillor Furey was recorded as absent.
AND BE IT FURTHER ORDERED: That the adopted fiscal year 2007 Sewer Enterprise Fund
Operating Budget be funded from sewer rates, state aid, and non-sewer revenues when the fiscal
year 2007 Sewer rate is set.
Counicllor O'Leary moved for immediate reconsideration in the hopes it does not prevail.
Reconsideration was denied.
516 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#502 — TOTAL WATER ENTERPRISE FUND
ORDERED: That the Water Enterprise Fund Fiscal Year 2007 Operating Budget, recommended by
the Mayor in the amount of$3,415,681.00 is hereby adopted in the amount of$3,415,681.00 by
roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe, O'Leary,
Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the affirmative.
Councillor Furey was recorded as absent.
AND BE IT FURTHER ORDERED: That the adopted fiscal year 2007 Water Enterprise Fund
Operating Budget be funded from water rates, state aid, and non-water revenues when the fiscal
year 2007 Water rate is set.
Councillor O'Leary moved for immediate reconsideration in the hopes it does not prevail.
Reconsideration was denied.
Councillor O'Leary assumed the chair.
#503 — SPECIAL PERMIT FOR DRIVE-THROUGH FACILITIES
Councillor Pelletier introduced the following report for the Committee of the Whole. It was
voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of future drive-throughs come
before the City Council for a Special Permit has considered said matter and would recommend that
it be reported out of Committee with no recommendation.
#503A— ORDINANCE AMENDING CH. 14, SEC. 1, SPECIAL PERMIT FOR DRIVE THROUGHS
Councillor Pelletier introduced the following Ordinance, which was adopted for first passage
by roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Blair, Corchado, Lovely, O'Keefe,
O'Leary, Prevey, Sargent, Sosnowski, Veno and Pelletier were recorded as voting in the
affirmative. Councillor Furey was recorded as absent.
In the year two thousand and six
An Ordinance to amend an Ordinance relative to drive-throughs
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14, Section 1, shall be amended by inserting the following:
CITY OF SALEM 517
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
Section 14-1, Drive through facilities
(a) Definition: Drive through facility a commercial facility which provides a service directly to a
motor vehicle or where the customer drives a motor vehicle or where a customer drives a
motor vehicle onto the premise and to a window or mechanical device through or by which
the customer is served without exiting the vehicle. This shall not include the selling of fuel at
a gasoline filling station or the accessory functions of a car wash facility such as vacuum
cleaning stations.
(b) Any drive through facility shall require a special permit by the Salem City Council.
Section 2. This ordinance shall take effect as provided by City Charter.
Councillor Sargent moved for immediate reconsideration in the hopes it would not prevail.
Reconsideration was denied.
#504 — CONDUIT ON HARBOR VIEW TERRACE & LAFAYETTE STREET
A hearing was ordered for July 20, 2006 on the petition of Verizon for a conduit on
Harborview Terrace and Lafayette Street.
#505 — SALEM STATE COLLEGE ROAD RACE
The request of Salem State College to hold a road race and fun walk on Saturday, October
14, 2006 at 9.30 A.M. was granted.
#506 — BLOCK PARTY
The request for a block party permit on Shore Avenue for July 4, 2006 was granted.
518 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
#507 -#510 — LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
PUBLIC GUIDE Herb Van Dam, 361 Lafayette St., Salem
SECOND HAND
CLOTHING Modern Millie, 103 Washington St., Salem
TAG DAY S.H.S. Drama Club, November 11, 2006
S.H.S. Marching Band, December 2, 2006
#511 -#514 — CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affai rs.
Eileen Greene, 11 Lyme St., Salem
Gary C. Theriault, 209 Jefferson Ave., Salem
George Weil, 204 Jefferson Ave., Salem
SUBROGRATED Law Offices of O'Keefe & Gale (for Robert Lubas)
180 West Central St., Natick
#515 -#516 — BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE James L. Russell, Jr., 126 Highland Ave., Salem
DRAINLAYER J. Whyman Construction, 451 Broadway, Lynnfield
CITY OF SALEM 519
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
(#271) — SECOND PASSAGE — ORDINANCE AMENDING INSPECTOR OF ANIMALS
The matter of second and final passage of an ordinance amending Chapter 8, Section 1,
Appointment of Inspector of Animals was referred to the Committee of the Whole.
(#272) - SECOND PASSAGE — ORDINANCE AMENDING HARBORMASTER'S APPOINTMENT
The matter of second and final passage of an ordinance amending Ch. 10, Sec. 4,
Harbormaster's appointment was referred to the Committee of the Whole.
(#273) - SECOND PASSAGE — ORDINANCE AMENDING COMPOSITION OF THE POLICE
DEPARTMENT
The matter of second and final passage of an ordinance amending Chapter 31, Section 31-
1(b), Composition of the Police Department was referred to the Committee of the Whole.
(#274) - SECOND PASSAGE — ORDINANCE AMENDING POWERS AND DUTIES OF FINANCE
DEPARTMENT
The matter of second and final passage of an ordinance amending Chapter 2, Section 494,
Powers and Duties of Finance Department was referred to the Committee of the Whole.
(#275) - SECOND PASSAGE — ORDINANCE AMENDING STAFF SUPPORT TO THE APPEALS
BOARD
The matter of second and final passage of an ordinance amending Chapter 2, Section 114,
Staff Support to the Board of Appeals was referred to the Committee of the Whole.
520 CITY OF SALEM
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
(#276) - SECOND PASSAGE — ORDINANCE AMENDING COUNCIL ON AGING EXECUTIVE
DIRECTOR
The matter of second and final passage of an ordinance amending Chapter 2, Section 836,
Council on Aging Executive Director was referred to the Committee of the Whole.
(#277) - SECOND PASSAGE — ORDINANCE AMENDING DIRECTOR OF HEALTH AND
INSPECTIONAL SERVICES
The matter of second and final passage of an ordinance amending Chapter 2, Section 115,
Director of Health and Inspectional Services was referred to the Committee of the Whole.
(#278) - SECOND PASSAGE — ORDINANCE AMENDING DEPARTMENT OF PUBLIC WORKS,
ENGINEERING SERVICES
The matter of second and final passage of an ordinance amending Chapter 2, Article V,
Department of Public Works, Engineering Services was referred to the Committee of the Whole.
(#279) - SECOND PASSAGE — ORDINANCE AMENDING RENUMBERING ARTICLE VI
The matter of second and final passage of an ordinance amending Chapter 2, Article VI,
Renumbering this Section as Article VI I, was referred to the Committee of the Whole.
(#280) - SECOND PASSAGE — ORDINANCE AMENDING PUBLIC PROPERTY
The matter of second and final passage of an ordinance amending Chapter 2, Article IX,
Public Property Section 2-1571 Responsibilities, was referred to the Committee of the Whole.
CITY OF SALEM 521
J U N E 22, 2006
REGULAR MEETING OF THE CITY COUNCIL
(#281) - SECOND PASSAGE — ORDINANCE AMENDING DEPARTMENT OF RECREATION
AND COMMUNITY SERVICE
The matter of second and final passage of an ordinance amending Chapter 2, Article III,
Division 12, Department of Recreation and Community Service, was referred to the Committee of
the Whole.
(#282) - SECOND PASSAGE — ORDINANCE AMENDING PARKS AND RECREATION
The matter of second and final passage of an ordinance amending Chapter 26, Parks and
Recreation, was referred to the Committee of the Whole.
Council President Pelletier stated that the Committee of the Whole will meet on Thursday, June
29t" 2006 at 6.00 P.M.
On the motion of Councillor O'Keefe the meeting adjourned at 10.30 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK