MINUTES - Regular - 5/24/2007 CITY OF SALEM 139
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
May 24, 2007 at 7.00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on May 18, 2007 at 8.56 A.M.
Councillor Furey arrived at 7.20 P.M.
Council President Matthew Veno presided.
Councillor O'Leary moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Veno requested that everyone please rise to recite the Pledge of Allegiance.
#344 — ORDER OF NATIONAL GRID FOR CONDUITS
A hearing was held on the Order of National Grid for conduits on Canal St. (2), Jefferson
Ave. (9), Margin St. (9) and Mill St. (9). Appearing in favor was John Jankowski and Doug Wagner
of National Grid. Councillor Pelletier asked when work would start and end. Mr. Wagner stated they
would start the work in the street first and the estimated work will be complete in 3 months or by
the end of the summer. Councillor Pelletier stated that if the work is not complete by the end of the
summer National Grid will have to hold off on the completion. There was no one opposed.
Councillor Pelletier moved that the matter be granted with the condition stated above. It was so
voted.
(#305) —APPT. OF DAVID KNOWLTON AS CITY ENGINEER
Held from the last meeting of May 10, 2007 the Mayor's appointment of David Knowlton to
serve as the City Engineer with a term to expire February 1, 2009, was confirmed by roll call vote
of 10 yeas, 1 nay, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Keefe, Lovely,
Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor O'Leary
was recorded as voting in the negative.
Councillor Pelletier requested and received unanimous consent to suspend the rules to
allow Mr. Knowlton to speak.
140 CITY OF SALEM
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
(#306) —APPT. OF SUSAN ST. PIERRE TO THE PLUMMER HOME FOR BOYS BOARD OF
TRUSTEES
Held from the last meeting of May 10, 2007 the Mayor's appointment of Susan St. Pierre to
serve as the Plummer Home for Boys Board of Trustees for a term to expire May 1, 2012, was
confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent.
Councillor Corchado requested and received unanimous consent to suspend the rules to
allow Ms. St. Pierre to speak.
(#308) — RE-APPT. OF ROBIN STEIN TO ZONING BOARD OF APPEALS
Held from the last meeting of May 10, 2007 the Mayor's re-appointment of Robin Stein to
serve as a member of the Zoning Board of Appeals for a term to expire May 1, 2010, was held until
the next regular meeting of June 14, 2007.
#345 —APPT. OF CHRIS BURKE TO THE PARK & RECREATION COMMISSION
The Mayor's appointment of Chris Burke to serve as a member of the Park and Recreation
Commission for a term to expire May 1, 2010. Councillor O'Leary objected to suspension of the
rules and the appointment was held until the next regular meeting of June 14, 2007.
#346 — RE-APPT. OF DEPARTMENT HEADS
Councillor O'Leary moved to divide the question and remove Richard Rennard and Lynn
Duncan and vote on the other department heads. The motion was defeated by a roll call vote of 5
yeas, 6 nays, 0 absent. Councillors Sargent, O'Leary, Lovely, Blair and Veno were recorded as
voting in the affirmative. Councillors Sosnowski, Prevey, Pelletier, O'Keefe, Furey, and Corchado
were recorded as voting in the negative.
The Mayor's re-appointment of the following Department Heads with terms as follows, were
confirmed by a roll call vote of 10 yeas, 1 nays, 0 absent. Councillors Sosnowski, Sargent, Prevey,
Pelletier, O'Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the
affirmative. Councillor O'Leary was recorded as voting in the negative.
Richard Rennard Director Public Services January 31, 2008
CITY OF SALEM 141
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
Dough Bollen Director of Recreation & Community Service January 31, 2008
Joanne Rust Director of MIS January 31, 2008
Nina Bridgman Asst. Finance Director January 31, 2008
James Hacker Executive Director of Parking January 31, 2008
Kathy Winn Asst. Planning Director January 31, 2008
Albert Hill Director of Purchasing January 31, 2008
Frank Kulik Director of Assessing January 31, 2008
Thomas St. Pierre Director Public Property January 31, 2008
Joseph Barbeau Jr. Asst. Building Inspector January 31, 2008
John Giardi City Electrician January 31, 2008
Lynn Duncan Planning Director January 31, 2008
Jean-Guy Martineau Veteran's Agent April 1, 2009
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#347 —APPOINTMENT CONSTABLES
The Mayor's reappointment of Bruce Hall to serve as a Constable with a term to expire
March 29, 2010 was received and filed.
#348 —APPR. RECONSTRUCTION OF SALEM WILLOWS SEAWALL
The following Order, recommended by the Mayor, was referred to the Committee on
Administration and Finance under the rules.
ORDERED: That the sum of One Hundred and Fifty-six Thousand, Five Hundred and Three
Dollars ($156,503.00) is hereby appropriated within the "Sale of City Property" account to be
expended for reconstruction of Salem Willows Seawall in accordance with the recommendation of
Her Honor the Mayor.
#349 —APPR. REPAIR OF THE SALEM WILLOWS PIER
The following Order, recommended by the Mayor, was referred to the Committee on
Administration and Finance under the rules.
ORDERED: That the sum of Forty-Five Thousand Dollars ($45,000.00) is hereby
appropriated to the "Capital Outlay — Renovation & Repair" account to be expended for repair of
142 CITY OF SALEM
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
the Salem Willows Pier by the Public Property Department in accordance with the recommendation
of Her Honor the Mayor.
#350 —APPR. GOLF COURSE — GAS/OIL HEAT
The following Order, recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Five Thousand Dollars ($5,000.00) is hereby appropriated from
the "Receipts Reserved — Golf Course" account to the "Golf Course — Gas/Oil Heat" account in
accordance with the recommendation of Her Honor the Mayor.
#351 — TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Four Thousand Two Hundred and Seventy Three Dollars and
Eight Cents ($4,273.08) is hereby transferred from the "Receipts Reserved — Harbormaster"
account and appropriated to the following Group Insurance Lines in accordance with the
recommendation of Her Honor the Mayor.
Ss/Med 127.20
Health Ins. 2,809.60
Life Ins. 24.76
Dental Ins. 38.40
Retirement 1,273.03
Total 4,273.08
#352 —APPR. TO WITCH HOUSE — GAS/OIL HEAT
The following Order, recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Three Thousand Dollars ($3,000.00) is hereby appropriated
from the "Receipts Reserved —Witch House" account to the "Witch House — Gas/Oil Heat" account
in accordance with the recommendation of Her Honor the Mayor.
CITY OF SALEM 143
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
#353 — TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Two Thousand Nine Hundred and Twenty Eight Dollars and
Sixty-six Cents ($2,928.66) is hereby transferred from the "Receipts Reserved — Golf Course"
account and appropriated to the following Group Insurance Lines in accordance with the
recommendation of Her Honor the Mayor.
Ss/Med 122.75
Health Ins. 1,516.84
Life Ins. 24.76
Dental Ins. 76.76
Retirement 1,187.55
Total 2,928.66
#354 — TRANSFER TO VARIOUS GROUP INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the sum of Eighty-Four Dollars and Fifty-nine Cents ($84.59) is hereby
transferred from the "Receipts Reserved —Witch House" account and appropriated to the following
Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
Ss/Med 84.59
#355 — MAYOR SUBMITTING ANNUAL BUDGET FOR FISCAL YEAR 2008
A communication was received from the Mayor, submitting the fiscal year 2008 Operating
Budget and the Fiscal Year 2008 Enterprise Funds Operating Budget.
Councillor Prevey moved that the matter be referred to the Committee on Administration and
Finance and the first meeting of the Committee will be co-posted with the Committee of the Whole
to allow the Mayor to make a presentation. It was so voted.
144 CITY OF SALEM
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
#356 — MAYOR'S REQUEST TO MAKE PRESENTATION REGARDING HARBOR PLAN
A request was received from the Mayor, to make a presentation to the Council with the
Planning Department and Fort Point Associates regarding renewal of the Harbor Plan.
Councillor Corchado moved that the matter be referred to the Committee of the Whole. It
was so voted.
#357 — INCREASE NUMBER OF MEMBERS ON THE COMMISSION ON DISABILITIES
Councillor Sosnowski introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
increasing the number of members on the Commission on Disabilities from seven (7) to nine (9)
members.
#358 — SCHOOL FINANCIAL REPORT
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the School Financial Report and Correspondence dated May 21, 2007 be
received and placed on file.
#359 — FINANCIAL REPORT DATED APRIL 30, 2007
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the Financial Report dated April 30, 2007 be received and placed on file.
#360 — ORDINANCE AMENDING TRAFFIC HANDICAP PARKING SKERRY STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first
passage.
In the year two thousand and seven
CITY OF SALEM 145
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 50B,
"Handicapped Zones, Limited Time"
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Skerry Street, southerly side, beginning twenty (20) feet from the intersection of
Bridge Street and preceding twenty (20) feet in a westerly direction, "Handicap Parking, Tow Zone"
Section 2. This Ordinance shall take effect as provided by City Charter.
#561 — FLOOD CONTROL COMMITTEE BE KNOWN AS CWFC
Councillor Pelletier introduced the following Order, which was adopted.
ORDERED: That the Council Order adopted on April 28, 2005 creating a City Wide
Committee on Flood Control be amended to be further known as CWFC.
The committee shall consist of, but not limited to, the Ward 3 Councillor, Mr. Fred Votta,
both as co-chairs, a Councillor At Large and two additional Ward Councillors appointed by the
Council President on a yearly basis and to also include the City Engineer, DPW Director,
Conservation Commission Agent, City Planner, Health Agent and members from the business
community. And that the Committee add members as needed.
Be it further ordered that the CWFC main goals are to-
1. Improve the city's ability to deal with storm events
2. Reduce economic damage to residents and businesses by identifying mitigation
measures and/or improving the one's we currently have in place.
3. Investigate sources of funding on the state and federal levels that can be used to assist
the city in planning and implementing these goals.
Further that the City Council Chambers be used as a venue for such meetings. And that the
CWFC send quarterly status reports to the Committee on Government Services.
Councillors Lovely, Prevey and Sosnowski were appointed to the Committee.
146 CITY OF SALEM
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
#362 — TRIAL PERIOD STOP SIGN ON FRANKLIN STREET AT HAYWARD STREET
Councillor Prevey introduced the following order, which was adopted.
ORDERED: That the Police Traffic Division institutes the following temporary traffic
regulations for a trial period of up to sixty (60) days.
Chapter 42, Section 49, "Obedience to Isolated Stop Signs"
Franklin Street at the intersection with Hayward Street, "Stop Sign", Trial Period of sixty (60) days.
#363 — ORDINANCE AMENDING TRAFFIC GENERAL TOWING ZONES PROCTOR STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first
passage.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74, "General
Towing Zones"
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Proctor Street, easterly side starting at the corner of Pope Street and running in a
southerly direction for a distance of three hundred and twenty-five (325) feet, "No Parking, Tow
Zone"
Section 2. This Ordinance shall take effect as provided by City Charter.
#364 — ORDINANCE AMENDING TRAFFIC PARKING TIME LIMITED BOSTON STREET
Councillor Sosnowski introduced the following Ordinance, which was adopted for first
passage.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 57A, "Parking
Time Limited, Unmetered Zone"
Be it ordained by the City Council of the City of Salem, as follows:
CITY OF SALEM 147
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
Section 1. Repeal Boston Street, northerly side, from the intersection of Federal and Boston
Street, in a westerly direction, for a distance of fifty (50) feet, fifteen (15) minute parking as marked
by sign. "Parking Time Limited, Unmetered Zone"
Section 2. This Ordinance shall take effect as provided by City Charter.
#365 — CREATING A STORM WATER ENTERPRISE FUND
Councillor Pelletier introduced the following order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
the feasibility of creating a "Storm Water Enterprise Fund" and to draft an Ordinance that should
require all new construction/reconstruction or rehabilitation of more than 50% of existing buildings,
to pay a Storm Water Fee. Such fee would be a flat fee or a percentage of square footage of
impervious surfaces, which would be deposited into the "Storm Water Enterprise Fund".
Be it further ordered that the following be invited: City Planner, Engineer, Building Inspector
and Mayor or her designee.
#366 —AMEND RULES SECTION 29 AND/OR 29A
Councillor Sosnowski introduced the following Order which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
amending Council Rule 29 "Acting on Mayor's nominations" and or Rule 29A "Appearance of
nominees for position before Council".
Councillor O'Keefe and Furey were recorded as opposed.
#367 — (#315) - SPECIAL MUNICIPAL EMPLOYEES
Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs. It was voted to accept the report and adopt the recommendation by roll call vote
of 7 yeas, 4 nays, 0 absent. Councillors Prevey, Pelletier, O'Keefe, Lovely, Furey, Corchado and
Veno were recorded as voting in the affirmative. Councillors Sosnowski, Sargent, O'Leary and
Blair were recorded as voting in the negative. Councillor Pelletier moved immediate
reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter
of approval of designating the Zoning Board of Appeal members as Special Municipal Employees
148 CITY OF SALEM
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
under Massachusetts General Law Chapter 268A, has considered said matter and would
recommend approval.
#368 — GRANTING LICENSES
Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter
of granting certain licenses, has considered said matter and would recommend that the following
be granted:
LIMOUSINE Payero Car Services, 19 Park St., Salem (1)
Salem Car Service, 12 Mt. Vernon St., Salem (1)
Javier Car Service, 12 First St., Salem (1)
PUBLIC GUIDE Shane Bell, 47 Leavitt St. #L-2, Salem
TAXI OPERATOR S. Gregory Jamieson, 43 Roslyn St. #2, Salem
Steven Farris, 225 Newbury St., Danvers
Jaime Lopez, 49 E. Park Ave., Lynn
Melanie Dukas, 641A Hale St., Beverly
Michael Paciulli, 50 Jenness St., Lynn
Milciades Pichardo, 146 Lafayette St., Salem
#369 — (#259) - APPROVAL OF ROUTE FOR CITY VIEW TROLLEY
Councillor O'Keefe offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs. It was voted to accept the report and adopt the recommendation by a roll call
vote of 10 yeas, 1 nay, 0 absent. Councillors Sosnowski, Sargent, Prevey, Pelletier, O'Keefe,
Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor
O'Leary was recorded as voting in the negative. Councillor O'Keefe moved immediate
reconsideration in the hopes it would not prevail. Reconsideration was denied.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter
of approval of the application submitted by City View Trolley for a license of stops and route to
convey persons from place to place on sightseeing trackless trolley vehicles on a route and stops,
has considered said matter and would recommend the application of City View Inc. to carry to
convey person from place to place on sightseeing trackless trolley vehicle, stops and route be
approved.
CITY OF SALEM 149
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
Councillor Pelletier moved for a 1 minute recess. It was so voted.
#370 — FORTUNETELLING ISSUES
Councillor O'Keefe 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 Fortunetelling issues, has considered said matter and would recommend that the enclosed
proposed Ordinance for Fortunetelling be adopted for first passage.
#370A— ORDINANCE AMENDING FORTUNETELLING
Councillor O'Keefe offered the following Ordinance, which was adopted for first passage by
unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillor O'Keefe moved for immediate
reconsideration in the hopes it would not prevail. Reconsideration was denied.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Fortunetelling, Astrology, etc.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14, Division 2, Fortunetelling, Astrology, etc. is hereby amended by deleting Division 2
in its entirety and replacing it with the following:
"DIVISION 2. FORTUNETELLING, ASTROLOGY, ETC.
Sec. 14-71. Purpose.
The purpose of this legislation is to regulate fortunetellers, psychics, and other similar businesses so that
the City can efficiently and thoroughly investigate fraud and deception, protect the public by preventing
people who have been charged with deceptive practices from having easy access to persons who may be
vulnerable to fraud or confidence games, to ensure that consumers are provided with information regarding
services, rates, and complaint procedures, and to foster a positive business environment for legitimate
practitioners within this industry.
Sec. 14-72. Definitions.
(a) Fortunetelling shall mean the telling of fortunes, forecasting of futures, or reading the past, by means of
any occult, psychic power, faculty, force, clairvoyance, cartomancy, psychometry, phrenology, spirits, tea
leaves, tarot cards, scrying, coins, sticks, dice, sand, coffee grounds, crystal gazing or other such reading,
or through mediumship, seership, prophecy, augury, astrology, palmistry, necromancy, mindreading,
150 CITY OF SALEM
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
telepathy or other craft, art, science, talisman, charm, potion, magnetism, magnetized article or substance,
or by any such similar thing or act.
(b) A fair is a periodic gathering of fortunetellers, as defined above, in an appointed place. A fair shall not
exceed thirty-one days in any calendar year.
(c) A store under this division shall mean a business whose revenue from sales and services are
predominantly from the telling of fortunes, as defined in (a) above, or the sale of items relating to such
service.
Sec. 14-73 Licensing Board authorized to license.
(a) Individual Licenses. The Licensing Board is authorized to issue licenses for the regulation of the
business of palmistry, fortunetelling, phrenology, card reading, astrology or any such enterprise as
defined in Section 14-72.
(b) Store Licenses. The Licensing Board may issue store licenses. A store license shall license the
owner of an establishment to employ up to five individuals to engage in the enterprise of
fortunetelling, upon the premises of the licensed store. The employee shall be considered licensed
as long as the employee is employed by the holder of the store license. Upon the discontinuance of
employment at the licensed store, the individual shall no longer hold a valid fortunetelling license.
(c) Fair Licenses-. The Licensing Board may issue Fair Licenses upon application thereof. A Fair
license shall only be issued to a store owner or individual who possesses a valid license as
described in section (a) and (b) above. The individuals employed or retained by the Fair license
holder of the Fair License. Upon the close of the Fair, the individuals employed or retained by Fair
applicant shall no longer hold a valid license. No Fair License issued under this division shall
license more than twenty (20) individual fortunetellers, as defined in Section 14-72, but no
more than ten (10) licensed fortunetellers may read at any one time.
Sec. 14-74. License requirement and qualifications.
(a) It shall be unlawful for any person to engage in the business of palmistry, fortunetelling, phrenology,
card reading, astrology or any like enterprise in the city without a valid license issued by the
Licensing Board.
(b) Individual and store licenses shall be granted only to applicants who have resided or operated a
business continuously in the city for at least twelve months immediately preceding the date of the
application. Applicants shall be required to provide evidence, in the form of a utility bill or other
documentation acceptable to the Licensing Board, of such residency or business. This section shall
not apply to the renewal of licenses.
Sec. 14-75. Exception.
This Division shall not apply:
(a) To persons solely by reason that the person is engaged in the business of entertaining the public by
demonstrations of mindreading, mental telepathy, thought conveyance, magic, giving of horoscopic
readings or other fortunetelling at public places and in the presence of and within the hearing of
CITY OF SALEM 151
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
other persons, and where any questions answered as part of such entertainment may be heard by
all persons present at such public place.
(b) To persons conducting or participating in any religious ceremony as a minister, missionary,
medium, healer, or clairvoyant, hereinafter collectively referred to as minister, from any bona fide
church or religious association that conducts regular services and has a creed or set of religious
principles that is recognized by all groups of like faith, provided that the benefit, gain or advantage
shall be regularly accounted for and paid solely to or for the benefit of the bona fide church or
religious association except that the bona fide church or religious association may pay to its
ministers a salary or compensation based upon a percentage only, pursuant to an agreement
between the church and the ministers that is embodied in a resolution and transcribed in the
minutes of such church or religious association. Upon request, a copy of such resolution and/or
minutes of a meeting shall be provided to the Licensing Board.
Sec. 14-76. Application for license.
(a) An applicant for a fortunetelling license shall file with the Licensing Board, on a form issued by the
police department, a written application signed under the penalties of perjury, containing the
following information:
(1) The name of the applicant.
(2) The address of the applicant (local and permanent home address. PO Box shall not be
acceptable).
(3) The applicant's height, weight, eye and hair color.
(4) The applicant's Social Security number.
(5) The length of time for which the right to do business is desired.
(6) A brief description of the nature of the business and the services to be provided.
(7) The full true name under which the business will be conducted.
(8) The present or proposed address where the business will be conducted.
(9) A photograph of the applicant, which picture shall be submitted by the applicant and shall be
two inches by two inches showing the face, head, and shoulders of the applicant in a clear and
distinguishing manner.
(10) A minimum of 5-year employment history and educational background.
(b) At the time of filing the application, the applicant shall pay a fee in accordance with the fee schedule
within Sec. 14-38.
Sec. 14-77. Investigation of application and issuance of license.
(a) Upon receipt of the application for the license required by this division, the Licensing Board shall
investigate:
(1) The status of the business in the office of the city clerk and the office of the secretary of state.
152 CITY OF SALEM
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
(2) The existence of consumer complaints against the applicant in the office of the attorney general.
(3) The criminal and probationary record of the applicant, either by information volunteered or
background information obtained from public records or other legal means.
(b) After the investigation of the applicant, but within 30 days of the filing of the application, the
Licensing Board shall endorse on such application their approval or disapproval. Failure of the
Licensing Board to act on the application within 30 days of the applicant's filing shall constitute
approval. If disapproved, the applicant shall have the right of appeal to the city council in writing
within seven days of the denial by the Licensing Board. The city council must act upon the appeal at
its next two regularly scheduled meetings. Failure to so act shall be deemed approval.
(c) Such license when issued shall contain the signature of the Licensing Board or the approval by the
city council; shall show the name, address, and photograph of the licensee; and shall show the date
of issuance and the length of time the license shall be operative, as well as the license number. The
Police Department shall keep a record of all licenses issued for a period of six years. Such licensee
is required to display an identifying badge issued by the Police Department, by wearing such badge
on an outer garment or displaying such badge in their business at a vantage point visible to the
public. Each licensee is required to possess an individual license.
Sec. 14-78. Enforcement.
The Licensing Board and the Police Department shall enforce this division.
Sec. 14-79. Transferability of license.
No license issued under this division shall be transferred.
Sec. 14-80. Revocation of license.
The Licensing Board is vested with jurisdiction over the revoking of licenses issued under this division. Any
person aggrieved by such revocation may appeal to the city council within seven business days, and a
hearing will be scheduled for one of the next two regularly scheduled meetings of the city council.
Sec. 14-81. Expiration of license.
Unless otherwise specified in this division, each license issued under this division shall continue in force for
two years from the date of its issue, unless sooner revoked.
Sec. 14-82. Renewal of license.
A license issued under this division may be renewed by the Licensing Board. An individual, store or fair
applicant requesting a renewal must apply in person and provide such information as is required to obtain
an initial license.
CITY OF SALEM 153
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
Sec. 14-83. Penalty for violation of division.
Any person violating any section of this division shall be punished by a fine not to exceed $100.00 for each
and every offense."
Section 2. This Ordinance shall take effect as provided by city charter.
#37013 — ORDINANCE AMENDING FORTUNETELLING FEES
Councillor O'Keefe offered the following Ordinance, which was adopted for first passage.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to Business Licenses and Fees.
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 14, Division 1, Section 14-38 is hereby amended by deleting the following fees:
"Fortunetelling, store license . . . 25.00
Store license, per employee . . . 25.00"
And inserting in place thereof the following new fees:
"Fortunetelling, store license . . . ...50.00
Store license, per employee . . ......50.00
Fortunetelling, individual Iicense.....50.00
Fortunetelling, fair license............ 25.00/day
Fair employee/vendor................50.00"
Section 2. This Ordinance shall take effect as provided by city charter.
#371 — (#314) -WAIVER OF BUILDING PERMIT AND OTHER FEES HARRISON AVENUE
Councillor Prevey offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of the
building permit and all other fees associated with the construction and redevelopment of 1 Harrison
Avenue be wiaved, has considered said matter and would recommend approval.
154 CITY OF SALEM
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
Councillor Sargent recused himself and left the Council Chamber
#372 — (#289) — RE-RATIFICATION OF AN ORDINANCE RELATIVE TO TRASH FEE FOR
CERTAIN RESIDENCES
Councillor Prevey offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of the re-
ratification of Chapter 36, Solid Waste Management Ordinance, collection of trash fees, has
considered said matter and would recommend no recommendation.
Councillor O'Leary moved that for re-ratification to repeal Chapter 36, Trash Fees
Councillor Sosnowski moved to hold the matter until the next meeting. It was so voted.
Councillor Sargent returned to the Chamber.
#373 — (#325) — DOUBLE POLES
Councillor Pelletier offered the following report for the Committee on Government Services.
It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of double poles,
has considered said matter and would recommend that the matter remain in committee and that
the City Electrician report progress to Council through email and follow up with a hard copy on a
monthly basis.
#374 — (#165) — MAKING FLINT STREET A ONE-WAY
Councillor Pelletier offered the following report for the Committee on Government Services.
It was voted to accept the report and adopt the recommendation.
The Committee on Government Services to whom was referred the matter of making Flint
Street a one-way between Mason and Bridge Street, has considered said matter and would
recommend that there be a trial period of up to sixty days making Flint Street a one-way from Oak
Street to Mason Street.
CITY OF SALEM 155
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
#375 — (#309) — REAPPOINTMENT OF STEVE PINTO TO THE ZONING BOARD OF APPEALS
Councillor Pelletier offered the following report for the Committee on Government Services.
It was voted to accept the report and adopt the recommendation by unanimous roll call vote of 11
yeas, 0 nays, 0 absent. Councillor Pelletier moved immediate reconsideration in the hopes it would
not prevail. Reconsideration was denied.
The Committee on Government Services to whom was referred the matter of a
reappointment of Steve Pinto as an alternate member of the Zoning Board of Appeals, has
considered said matter and would recommend that the reappointment be confirmed by a roll call
vote.
#376 — COMMUNICATION FROM THE DIVISION OF BANKS REGARDING PAWNBROKERS
INTEREST RATES
A communication from the Division of Banks regarding the City's licenses and regulations of
Pawnbrokers and the maximum interest rates, was referred to the Committee on Ordinances,
Licenses and Legal Affairs.
#377 —APPLICATION TO INCREASE INFLAMMABLE STORAGE AT 111 NORTH STREET
Application from Trickett Realty Trust (Shell Oil Co.) to increase flammable storage at 111
North Street by an increase of 21,980 gallons. Hearing Ordered June 14, 2007.
#378 — BLOCK PARTY
The request from the residents of Pickman Park area to hold a block party on July 3, 2007
from 6.00 P.M. to 10.00 P.M. was granted.
156 CITY OF SALEM
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
#379 -#382 — LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
LIMOUSINE Car Service Cibao, 16 Aborn St., Salem (1)
SGE Car Service, 52 Harbor St., Salem (1)
Ozoria Car Service, 33 Park St. #1, Salem (1)
Delivery Salem Transportation, 257 Washington St., Salem (1)
Divanne Car Service, 113 Loring Ave., Salem (1)
Finix Car Service, 76 Lafayette St., Salem (1)
Garcia Car Service, 56 Peabody St., Salem (1)
SEAWORMS Douglas Robinson, 4 Laurine Rd., Danvers
TAXI OPERATOR Gustavo Rodriguez, 257 Washington St., Salem
Richard Aikins Sr., 130 Eastern Ave., Lynn
Belkys Guerrero, 9 Mason St. #2, Salem
Kimberly Stevens, 44 Bridge St., Salem
Lamont Chisholm, 126 Union St. #34, Lynn
Robert J. Corriveau, Jr., 78 Endicott St., Peabody
Newri Garcia, 6 Ray St., Peabody
VEHICLE FOR HIRE Salem Pedicab, 7 North Pine St., Salem
#383 — DRAINLAYER/CONTRACT OPERATOR
The Following Drainlayer/ Contract Operator License was granted
Ralph Surianello, Inc., 49 Silva Lane, Dracut
#384 -#385 — CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal
Affai rs.
Ann J. Hennessey, 38 Putnam St., Salem
Crescencio Martinez, 300 Washington St., Salem
CITY OF SALEM 157
MAY 24, 2007
REGULAR MEETING OF THE CITY COUNCIL
#386 -#388 — BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE Bruce Hall, 282 Washington St., Salem
DRAINLAYER Ralph Surianello, Inc., 49 Silva Lane, Dracut,
SIGN Steven Phillips House, 34 Chestnut St., Salem
(#322) — ORDINANCE AMENDING TRAFFIC, PROHIBITED MOVEMENTS, NORTH STREET
The matter of second and final passage of amending Traffic, Chapter 42, Section 49A,
Prohibited Movements, No Left Turn, at 105 North Street, was then taken up. The Ordinance was
adopted for second and final passage.
(#323) — ORDINANCE AMENDING TRAFFIC, PARKING PROHIBITED, RESIDENT STICKER,
STORY ROAD AND LAURIER ROAD
The matter of second and final passage of amending Traffic, Chapter 42, Section 75,
Parking Prohibited, Resident Sticker Parking, Story Road and Laurier Road, was then taken up.
The Ordinance was adopted for second and final passage.
On the motion of Councillor O'Keefe the meeting adjourned at 9.10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK