City Council

Salem City Hall 93 Washington Street, Salem, MA 01970 ph: 978-745-9595 City Council Agenda 09/10/2015 “Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 30A ss. 18-25, and City Ordinance Sections 2-2028 through 2-2033.” Assistive Listening System Now Available for City Council Meetings. Those interested in utilizing these devices for meetings at 93 Washington Street may contact the City Clerk Cheryl LaPointe at 978-619-5610 or clapointe@salem.com. A Regular Meeting of the City Council held in the Council Chamber on Thursday, September 10, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 3, 2015 at 4:43 P.M. This meeting is being taped and is live on S.A.T.V. Absent were: Council President Sargent presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Sargent requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY Public Testimony not to exceed 15 minutes Name must be on roster 30 minutes prior to meeting Agenda items only HEARINGS ORDERED: Verizon to install conduits on Federal St. IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR FAMICO MOVED VOTED APPOINTMENTS AND REAPPOINTMENTS Mayor’s appt. of Dr. Jeremy Schiller to serve as a member of the Salem Board of Health with a term to expire on March 1, 2018 Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor Famico Held under the rules Voted Mayor’s reappt. of Gregory St. Louis to the Salem Conservation Commission with a term to expire on September 15, 2018 Action Contemplated Councillor Siegel Moved Confirmed by RCV Yeas Nays Abs Mayor’s appt. of Joseph Lamberti to serve as a Constable with the term to expire on September 4, 2016 Action Contemplated Councillor Siegel Moved Received & Filed Voted Mayor’s reappt. of John Massa to serve as a Constable with the term to expire on August 8, 2018 Action Contemplated Councillor Siegel Moved Received & Filed Voted COMMUNICATIONS FROM THE MAYOR BOND ORDER: Appropriation in the amount of $2,250,000.00 for the purpose of capping and closing the ash landfill at the Salem Transfer Station Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Adopted for First Passage by RCV YEAS NAYS ABS ______________________________________________________________________________ Appropriation of $45,000.00 from “Receipts Reserved – Golf Course to “Golf Course Renovations” Account Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ Appropriation of $30,064.80 from “Receipts Reserved – Sale of Lots” and “Receipts Reserved – Sale of Vaults” to “Dept. of Public Services – Equipment” Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ COMMUNICATIONS FROM THE MAYOR Appropriation of $25,000.00 from “Receipts Reserved – Sale of Lots” to “Cemetery - Burial” Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption Appropriation of $25,000.00 from “Capital Outlay – Renovation & Repair” to be expended for removal of tree stumps city-wide Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption Appropriation of $14,700.00 from “Receipts Reserved – Witch House” to “Witch House – Contracted Services” Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption COMMUNICATIONS FROM THE MAYOR ORDER: Accept a $1,500.00 donation from the Friends of the Council of Aging to replace the refrigerator at the Council on Aging Action contemplated Councillor Turiel Moved Adoption Voted ORDER: Establish a $20.00 fee to park in the South Harbor Parking Garage, the Museum Place Garage and the Church St. parking lot (excluding the East Lot adjacent to St. Peter’s St.) on each Saturdays and Sundays effective Saturday, October 3, 2015 until Sunday, November 1, 2015. Any Salem resident who presents valid ID shall not be subject to the $20.00 fee Action contemplated Councillor Turiel Moved Adoption Voted ORDER: Authorize Mayor to execute a lease agreement with Wicked Howl Enterprises, Inc. d/b/a Lobster Shanty Unit #3 at Artist Row for a term of Jan. 16, 2016 ending Jan. 15, 2021 with option to renew lease for up to five one-year periods. Councillor Siegel Moved Approval by Roll call vote of YEAS NAYS ABSENT ______________________________________________________________________________ ORDER: authorize Mayor to establish and construct 37 off street parking spaces adjacent to Bridge Street at 50 St. Peter Street. Councillor Siegel Moved Adoption Voted ______________________________________________________________________________ COMMUNICATIONS FROM THE MAYOR ORDER: City of Salem designate George E. Sansoucy, PE, LLC as a Special Municipal Employee per MGL Chapter 268A. Councillor Siegel Moved Adoption Voted ________________________________________________________________________ ORDINANCE: amending Chapter 36 Solid Waste Management section 4 Pickup of Large Items, Section 5 Residential Curbside Solid Waste and Recycling Collection, section 6 Collection Fee for Certain Residents and section 8 Collection Fee for Certain Commercial Establishments. Councillor Siegel Moved Adoption for first passage Voted Or Ref. to Comm. On Ordinances, Licenses & Legal Affairs ______________________________________________________________________________ COMMUNICATIONS FROM THE MAYOR ORDER: City of Salem for public convenience and necessity of the inhabitants that certain parcels of land be taken for highway purposes all property owners identified as follows have donated each parcel. Sq. Ft. Location Owner 107 72 Loring Ave. Jefferson Trust 42 96 Broadway Cornell Realty Trust 2 98 Broadway Lima Petronio 73 259 Canal St. 259 Canal St. Trust 182 208 Canal St. Enon Enterprises Inc. 146 130 Canal St. Gallien, Darlene 74 120 Canal St. Freedman, Arthur B.  53 203 Canal St. Z&M Realty Trust 10 141 Canal St. Morneau, Paul H. 3 101 Canal St. Rockett, Linda 4 99 Canal St. Petit, Mark 16 99 ½ Canal St. Laskowski, Kazik 30 201 Canal St. Coca Realty Trust 67 65 Canal St. Southern New England Conference 63 51 Canal St. 51 Canal St. LLC 8 47 Canal St. South Harbor Holdings LLC 118 1 Canal St. Samari Group LLc 35 17 Canal St. Brito Realty LLC Councillor Siegel Moved Adoption by Roll Call vote YEAS NAYS ABSENT ORDER: Accept Easement from Salem State Assistance Corp. for property located at 265-285 Canal Street for the reconstruction of Canal Street Councillor Siegel Moved Adoption by Roll Call vote YEAS NAYS ABSENT COMMUNICATIONS FROM THE MAYOR ORDER: Grants of Easements for the reconstruction of Canal Street and its sidewalks over the following parcels of city land: parcel E-1 & SW-23 (212 Washington Street) and parcel SW-36 (267 Canal Street) Councillor Siegel Moved Adoption by Roll Call vote YEAS NAYS ABSENT ORDER: City of Salem accepts a Quitclaim Deed from McDonald’s Corp. located at 150 Canal Street for the reconstruction of Canal Street. Councillor Siegel Moved Adoption by Roll Call vote YEAS NAYS ABSENT COMMUNICATIONS FROM THE MAYOR Request from Mayor to meet with the City Council in Executive Session relative to litigation by Northside Carting regarding the Transfer Station. Conducting this discussion in an open meeting may have a determental effect on the litigation position of the City Councillor Siegel Moved to hold an Executive Session By roll call vote yeas nays absent Following the Executive Session, the City Council shall reconvene in open session and continue the regular meeting by roll call vote YEAS NAYS ABSENT Following Executive Session: Councillor Siegel Moved that the Regular meeting be continued Voted  MAYOR’S INFORMATIONAL PAGE Request of Mayor to do a presentation of City Seals for the Salem Little League Williamsport All-Star Team. Councillor Milo Moved receive & file Voted  MOTIONS, ORDERS, AND RESOLUTIONS Councillor Siegel ORDINANCE: amending Traffic Ch. 42, Sec. 50B “Handicapped Zones, Limited Time” Boston Street in front of #29, for a distance of 20 feet, Handicap Parking, Tow Zone Action Contemplated Councillor Siegel Moved Adopted for first passage Voted ______________________________________________________________________________ Councillor Siegel ORDINANCE: amending Traffic Ch. 42, Sec. 50B “Handicapped Zones, Limited Time” Prescott Street in front of #10, for a distance of 20 feet, Handicap Parking, Tow Zone Action Contemplated Councillor Siegel Moved Adopted for first passage Voted ______________________________________________________________________________ Councillor Turiel ORDER: That the Monthly Financial Report dated June 30, 2015 be referred to the Committee on Administration and Finance. Action Contemplated Councillor Turiel Moved Adopted Voted  MOTIONS, ORDERS, AND RESOLUTIONS Councillor Turiel ORDINANCE: amending Traffic Ch. 42, Sec. 50B “Handicapped Zones, Limited Time” Washington Street, starting at a point twenty (20) feet northwest of the crosswalk and continuing for twenty (20) feet in a northwesterly direction, Handicap Parking Tow Zone. Action Contemplated Councillor Turiel Moved Adopted for first passage Voted ______________________________________________________________________________ Councillor Turiel ORDINANCE: amending Traffic by Repealing the following: Ch. 42, Sec. 50B “Handicapped Zones Limited Time” Ocean Avenue, southerly side, beginning 100 feet east of Lafayette Street, for a distance of 30 feet in a westerly direction, Tow Zone, 6:00 AM to 7:00 PM (10/4/1991). Ocean Avenue, southerly side, beginning 70 feet east of Lafayette Street, for a distance of 30 feet in a westerly direction, Handicapped Parking, Tow Zone (7/10/1991) and Sec. 50C “Handicapped Zones Bus Stop” Ocean Avenue, southerly side, beginning 183 feet east of Lafayette Street, for a distance of 45 feet in a westerly direction, Handicapped Parking, Bus Stop (3/4/1991) Action Contemplated Councillor Turiel Moved Adopted for first passage Voted ______________________________________________________________________________ MOTIONS, ORDERS, AND RESOLUTIONS Councillor Turiel ORDER: That the Monthly Financial Report dated July 31, 2015 be referred to the Committee on Administration and Finance. Action Contemplated Councillor Turiel Moved Adopted Voted ______________________________________________________________________________ Councillor Turiel ORDER: That the Year to Date Budget Report dated April, May and June 2015 be referred to the Committee on Administration and Finance. Action Contemplated Councillor Turiel Moved Adopted Voted ______________________________________________________________________________ Councillor Gerard ORDINANCE: amending Traffic Ch. 42, Sec. 74 “General Prohibition Towing Zone” Silver Street westerly side (odd numbered side) No Parking Tow zone in its entirety. Action Contemplated Councillor Gerard Moved Adopted for first passage Voted MOTIONS, ORDERS, AND RESOLUTIONS Councillor McCarthy OREDER: That the meetings of the qualified voters of the City of Salem be held in all precincts in the city at the polling places designated hereinafter on Tuesday, September 29, 2015 for the purpose of casting votes in the City Preliminary Election for the nomination of candidates for the following offices: Councillor of Wards Three and Six: for the term of two years AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: Ward Three PRECINCT ONE Salem High School Auditorium, 77 Willson Street PRECINCT TWO Ward Six PRECINCT ONE Bates School, Liberty Hill Avenue PRECINCT TWO Recreation Dept., Mack Park AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law. Action Contemplated Councillor McCarthy Moved Adopted by roll call vote YEAS NAYS ABSENT ______________________________________________________________________________ Councillor Milo ORDINANCE: amending Traffic Ch. 42, Sec. 50B “Handicapped Zones, Limited Time” Highland Avenue in front of #60, for a distance of 20 feet, Handicap Parking, Tow Zone Action Contemplated Councillor Milo Moved Adopted for first passage Voted MOTIONS, ORDERS, AND RESOLUTIONS Councillor Milo ORDER: That the City Council meet with National Grid to discuss a plan to repair 92 natural gas leaks in the City of Salem and that the matter is referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole. Invited Mayor or her representative and a representative from National Grid. Action Contemplated Councillor Milo Moved Adopted Voted ______________________________________________________________________________  COMMITTEE REPORTS Councillor Siegel offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred granting certain licenses has considered said matter and would recommend that the following licenses be granted SECOND HAND CLOTHING: Laurabelle’s Boutique, 52 Highland Ave., Salem SECOND HAND VALUABLE: RAD Corporation, 63A Wharf St., Salem Accept the Report Voted Adopt the Recommendation Voted COMMUNICATIONS FROM CITY OFFICIALS NONE  PETITIONS Request from the House of Seven Gables to close the end of Turner Street on Sunday, September 22, 2015 for the Taste of Gables Event Action Contemplated Councillor McCarthy Moved Granted Voted Letter from the North Shore Old Car Club informing the Council about their car show on Saturday, September 12, 2015 with a rain date of Sunday, September 13, 2015 Action Contemplated Councillor Famico Moved Received & Filed Voted Request from Janet Puleo to hold a road race (CDH Awareness) and use of city streets on Saturday, October 3, 2015 starting at 9:00 A.M. Action Contemplated Councillor Turiel Moved Voted Request from the Salem YMCA to hold a road race (Witch City 5K – Kids Fun Run) and use of city streets on Saturday, October 17, 2015 starting at 9:00 A.M. Action Contemplated Councillor McCarthy Moved Voted PETITIONS Request from B&S Event Management to hold a road race (Devil’s Chase) and use of city streets on Saturday, October 31, 2015 starting at 8:00 A.M. Action Contemplated Councillor McCarthy Moved Voted Request from North Shore Medical Center to hold their annual Cancer Walk and use of city streets on June 26, 2016 starting at 8:30 A.M. Action Contemplated Councillor McCarthy Moved Voted Request from residents of Larchmont Road to hold a Block party on Saturday, September 12, 2015 from 2:00 P.M. - 8:00 P.M. Action Contemplated Councillor Gerard Moved Granted Voted PETITIONS The Following License Applications: LIMOUSINE: 809 Transportation Corp., 55 Butler St., Salem (1 Limo) PUBLIC GUIDES: Dominic Lavorante, 171 Loring Ave., Salem Carl Hans Muller, 39 Dodge St., Beverly Kathryn Rutkowski, 2 Essex St., Salem Alexis Mears, 15B Gardner St., Salem Rebecca Ferrari, 8 Barton Sq., Salem Edgar Martin Del Campo, 9 Pickering Way, Salem Rita parisi, 43 Merrimac St., Amesbury Shana Clore, 190 Bridge St., Salem Allison French, 3 Becket Ave., Salem Peter Debnam, 184 Atlantic St., Gloucester  Ashley Rogers, 231 Lafayette St., Salem Jessie Homans, 257 Washington St., Salem Lynne Lenker, 31 Vernon St., Lowell Ariana Yates, 10 Loring Ave., Salem Peter Quinn, 12 Summer St., Salem Thomas Derosier, 3 Hubbard Rd., Marblehead Allan Dorrington, 1000 Lexington St., Waltham Kristen MacKenzie, 4 First St., Salem Molly Morrow, 104 Bridge St., Salem Oliver Prato, 2 Wisteria St., Salem Tim Maguire, 28 High St., Salem David Chaves Jr., 190 Bridge St., Salem Katelyn Gordon, 4 Shillaber St., Salem Mark Legere, 7 Spring St., Salem TAXI OPERATORS: Nicolas Diaz, 61 Congress St., Salem Janis Fuentes, 56 Veterans Memorial Dr., Peabody Jose Rosario, 119 Henry Ave., Lynn Action Contemplated Councillor Siegel Moved Granted Voted PETITIONS The Following Licenses LIMOUSINE Caribe Taxi Co., 71 Harbor St., Salem (Owner Jorge Elias) Action Contemplated Councillor Siegel Moved Denied Voted Hearing Request from Jorge Elias on the denial of his Limousine License Action Contemplated Councillor Siegel Moved referred to the Comm. on Voted Ord., Lic. & Legal Affairs to hold an Executive Session The Following Licenses TAG DAYS: SHS Marine JROTC, 9/27, 10/29, 10/30, 11/21 & 11/22/15 SHS Hockey, 12/6/15, 12/20/15 & 1/9/16 Action Contemplated Councillor Siegel Moved Refer to Comm. on Ord. Voted Lic. & Legal Affairs The Following Drainlayer/Contract Operator Licenses: D’Allessandro Corp., 41 Ledin Dr., Avon J.H. Lynch & Sons, 50 Lynch Pl., Cumberland, RI Action Contemplated Councillor Siegel Moved Granted Voted PETITIONS The Following Claims: Orlando Carrion, 13 Edwards St., Beverly Marjorie Zaltman, 15 Tanglewood Ln., Salem Max Fusi, 232 Atlantic Ave., Marblehead Elaine Tavis, 56 Highland Ave., Salem Subrogated Thomas George Assoc. (for Anna Lyons), PO Box 30, E. Northport, NY Matthew Moccia, Esquire (for Marguerite Mailloux) 546 Main St., Haverhill Action Contemplated Councillor Siegel Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs The Following Bonds: CONSTABLE: Joseph Lamberti, 77 Argyle Rd., Braintree DRAINLAYER: D’Allessandro Corp., 41 Ledin Dr., Avon J.H. Lynch & Sons, 50 Lynch Pl., Cumberland, RI SIGN: Vallier LLC dba Caramel, 281 Essex St., Salem Action Contemplated Councillor Siegel Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs and Returned Approved  UNFINISHED BUSINESS SECOND PASSAGE Ordinance amending Ch. 10, Sec. 10-4 “Harbormaster’s Appointment, Term, Powers and Duties, and Compensation Action Contemplated Councillor Siegel Moved Adoption for second & final passage Voted ______________________________________________________________________________ SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 50B “Handicap Parking Limited Time” Phelps Street Action Contemplated Councillor Siegel Moved Adoption for second & final passage Voted ______________________________________________________________________________ SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 49 “Obedience to Isolated Stop Sign” Witchcraft Road Action Contemplated Councillor Eppley Moved Adoption for second & final passage Voted ______________________________________________________________________________ SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 50B “Handicapped Zones, Limited Time” North Street Action Contemplated Councillor Gerard Moved Adoption for second & final passage Voted UNFINISHED BUSINESS SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 50B “Handicapped Zones, Limited Time” Barr Street Action Contemplated Councillor Gerard Moved Adoption for second & final passage Voted ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.