City Council

1 NOVEMBER 12, 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, November 12, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 10, 2015. 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  2 NOVEMBER 12, 2015 HEARINGS Communication from the Mayor relative to setting the Tax Rate for FY2016. Councillor Turiel Moved Receive & File Voted Public hearing on the issue of allocating the local property tax levy among the four (4) property classes for Fiscal Year 2016, and the residential, open space and small commercial exemptions. President Sargent turned the Public Hearing over to the Assessor Deborah Jackson and the Board of Assessors. Councillor Turiel Moved that the Public Hearing be closed Voted  3 NOVEMBER 12, 2015 APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of Gail Gambarini to serve as a member of the Conservation Commission with a term to expire on November 12, 2018 Action Contemplated Councillor Gerard Moved Confirmation by RCV Yeas Nays Abs Mayor’s reappt. of John Russell and Alice Williams to serve as members of the Council on Aging with their terms to expire on November 12, 2018 Action Contemplated Councillor Milo Moved Confirmation by RCV Yeas Nays Abs Mayor’s reappt. of Rick Lee (Unenrolled) to serve as a member of the Licensing Board with a term to expire on December 3, 2021 Action Contemplated Councillor Siegel Moved Confirmation by RCV Yeas Nays Abs Mayor’s reappt. of Jeffrey Barz-Snell, John Hayes, Rick Nye to serve as members of the Renewable Energy Task Force with their terms to expire on December 3, 2018 Action Contemplated Councillor Turiel Moved Confirmation by RCV Yeas Nays Abs  4 NOVEMBER 12, 2015 APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of Christopher Burke to serve as a Constable with the term to expire on November 28, 2018 Action Contemplated Councillor Siegel Moved Received & Filed Voted  5 NOVEMBER 12, 2015 COMMUNICATIONS FROM THE MAYOR ORDER: Appropriation of $1,700,000.00 from “Fund Balance – Free Cash” account to reduce the gross amount to be raised by taxation when FY2016 tax rate is set. Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption ORDER: Appropriation of $64,669.60 from “Retirement Stabilization Fund – Vacation/sick leave buyback” account for the retirement of the following: Gail Doherty School Dept. $33,334.40 Joyce Harrington School Dept. $31,335.20 Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption  6 NOVEMBER 12, 2015 COMMUNICATIONS FROM THE MAYOR ORDER: Appropriation of $41,150.00 from “Fund Balance – Free Cash” account to the “Planning – Contracted Services” account. Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption _____________________________________________________________________________ ORDER: Appropriation of $25,000.00 from “Capital Outlay – Renovations & Repairs” account to be expended for Lafayette Street Bike Lane Project. Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption _____________________________________________________________________________ ORDER: Appropriation of $25,000.00 from “Receipts Reserved – Salem of Lots” account to “Cemetery – Burial” account. Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption _____________________________________________________________________________  7 NOVEMBER 12, 2015 COMMUNICATIONS FROM THE MAYOR ORDER: Appropriation of $25,000.00 from “Retirement Stabilization Fund – Vacation/ Sick leave Buyback” account to be expended for negotiated sick leave buyback. Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption _____________________________________________________________________________ ORDER: Appropriation of $6,000.00 from “Receipts Reserved – Sale of Vaults” to “Cemetery – Burial” account. Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption _____________________________________________________________________________ RESOLUTION: to file and accept grants from the Commonwealth of Massachusetts Executive Office of Energy and Environmental Affairs for the PARC Program for improvements to Mary Jane Lee Park Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption  8 NOVEMBER 12, 2015 COMMUNICATIONS FROM THE MAYOR ORDER: to accept provisions of Section 4, Chapter 73, Acts of 1986 for additional tax exemptions for Fiscal Year 2016 such additional exemptions granted be 100% of the statutory exemption amount for qualification specified in Section 4, Ch. 73 of the Acts of 1986. Councillor Turiel Moved Granted Voted ORDER: Parking Ticket Amnesty Program from December 1, 2015 through December 23, 2015, by the City Collector. Councillor Turiel Moved Granted Voted Communication from the Mayor relative to the redevelopment of the former Universal Steel Property on Bridge Street. Councillor Legault Moved Receive & File Voted ______________________________________________________________________________ ORDER: Declare land on Bridge Street Lot 1, 52,491 sq. ft. and Parcel B, 1,260 sq. ft. the former Universal Steel property and parcel A, 2035 sq. ft. surplus property and that the surplus designation is conditional upon the placing of a permanent utility easement on Parcel A. Councillor Legault Moved Adopted Voted Discontinuance of a street, That the opinion of the City Council the public necessity and convenience require that a portion of a public street or way to be called Beckford Way should be discontinued. Councillor Legault Moved Hearing Ordered Voted March 3, 2015  9 NOVEMBER 12, 2015 COMMUNICATIONS FROM THE MAYOR ORDER: Authorize the Mayor to enter into a Land Disposition Agreement with Sun King LLC to convery a portion of 297 Bridge St. and a second parcel located between 297 – 311 Bridge Street for $990,000.00 Councillor Legault Moved Adopted Voted ORDER: Authorize the Mayor to convey portion of 297 Bridge Street to Sun King LLC with a permanent pedestrian and vehicular access for the benefit of 30-32 Beckford Street for the sum of $10,001.00 Councillor Legault Moved Adopted Voted ORDINANCE: Amending the Zoning Map change for parcel of real property at 297-305 Bridge Street, and 297-311 Bridge Street and parcel B 311 Bridge Street. Councillor Siegel Moved Refer to Planning Board to schedule A joint public hearing with the City Council by Roll Call Vote YEAS NAYS ABSENT  10 NOVEMBER 12, 2015 MAYOR’S INFORMATIONAL PAGE NONE  11 NOVEMBER 12, 2015 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Turiel Determination of the percentage of total taxes to be borne by the four (4) classes of property; ORDERED: That the City of Salem adopt a Residential Factor of ___._____% for Fiscal Year 2016 Councillor Turiel Moved for adoption by roll call vote YEAS NAYS ABSENT Councillor Turiel Moved for immediate reconsideration in the hopes it would not prevail OPEN SPACE EXEMPTION Councillor Turiel ORDERED: That the City of Salem NOT adopt an OPEN SPACE EXEMPTION for Fiscal Year 2016. Councillor Turiel Moved for adoption by roll call vote YEAS NAYS ABSENT Councillor Turiel Moved for immediate reconsideration in the hopes it would not prevail  12 NOVEMBER 12, 2015 MOTIONS, ORDERS, AND RESOLUTIONS RESIDENTIAL EXEMPTION Councillor Turiel ORDERED: That the City of Salem NOT adopt a RESIDENTIAL EXEMPTION for Fiscal Year 2016 Councillor Turiel Moved for adoption by roll call vote YEAS NAYS ABSENT Councillor Turiel Moved for immediate reconsideration in the hopes it would not prevail SMALL COMMERCIAL EXEMPTION Councillor Turiel ORDERED: That the City of Salem NOT adopt a SMALL COMMERCIAL EXEMPTION for Fiscal Year 2016 Councillor Turiel Moved for adoption by roll call vote YEAS NAYS ABSENT Councillor Turiel Moved for immediate reconsideration in the hopes it would not prevail  13 NOVEMBER 12, 2015 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Famico ORDINANCE: amending Traffic Ch. 42, Sec. 75 “ Parking Prohibitions Towing Zone (Resident Sticker)” Gifford Court northerly side, Zone C, Color Green, Resident Sticker Parking only tow zone. Action Contemplated Councillor Famico Moved Adopted for first passage Voted ______________________________________________________________________________ Councillor Famico ORDINANCE: amending Traffic Ch. 42, Sec. 74 “General Prohibitions Towing Zone” Gifford Court southerly side, “No parking, tow zone”. Action Contemplated Councillor Famico Moved Adopted for first passage Voted ______________________________________________________________________________ Councillor Siegel ORDINANCE: amending Traffic Ch. 42, Sec. 50B “Handicap Parking Limited Time” is hereby amended by adding Norman Street in front of #24 for a distance of twenty feet. “Handicap Parking Tow Zone Action Contemplated Councillor Siegel Moved Adopted for first passage Voted  14 NOVEMBER 12, 2015 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Turiel ORDINANCE: amending Traffic Ch. 42, Sec. 50B “Handicap Parking Limited Time” is hereby amended by repealing Cabot Street in front of #33 for a distance of twenty feet. “Handicap Parking Tow Zone Action Contemplated Councillor Turiel Moved Adopted for first passage Voted Councillor Sargent ORDER: That all late files be held over until the next City Council meeting unless a simple majority vote of the City Council rules that the file is an emergency. Action Contemplated Councillor Sargent Moved Adopted or Voted Ref. to Committee ______________________________________________________________________________ Councillor Sargent ORDER: That the City Council hold a public hearing on the Council Order #632 concerning the creation of a Salem Harbor Port Authority. Action Contemplated Councillor Sargent Moved Adopted or Voted Ref. to Committee ______________________________________________________________________________  15 NOVEMBER 12, 2015 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Sargent ORDER: That the City Council hold a public hearing on the Council Order #631 concerning the creation of a Parking Commission. Action Contemplated Councillor Sargent Moved Adopted or Voted Ref. to Committee ______________________________________________________________________________ Councillor Siegel/Turiel ORDINANCE amending Traffic Handicap Parking Limited Time, Phelps Street in front of #10 for a distance of 20 feet. Action Contemplated Councillor Siegel/Turiel Moved adopted for first passage Voted ______________________________________________________________________________  16 NOVEMBER 12, 2015 COMMITTEE REPORTS Councillor Siegel offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a Home Rule Petition to grant one additional annual license for the sale of wine and malt beverages to be drunk on the premises for Vesuvios Corp., 2 Paradise Rd., has considered said matter and would recommend (Action unknown meeting took place after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor Turiel offered the following report for the Committee on Administration and Finance co- posted with the Committee of the Whole to whom was referred the matter of a Resolution for the City of Salem to enter into a Tax Increment Financing Agreement with the Hotel Salem Real Estate Holdings to purchase and redevelop the building at 203 Essex St. into a new 44 room boutique hotel has considered said matter and would recommend adoption by Roll Call Vote. Accept the Report Voted Adopt the Recommendation Voted Councillor Turiel offered the following report for the Committee on Administration and Finance co- posted with the Committee of the Whole to whom was referred the matter of Entering into a Tax Increment Financing Agreement with the Hotel Salem Real Estate Holdings has considered said matter and would recommend adoption by Roll Call Vote Accept the Report Voted Adopt the Recommendation Voted  17 NOVEMBER 12, 2015 COMMITTEE REPORTS Councillor McCarthy offered the following report for the Committee on Government Services co- posted with the Committee of the Whole to whom was referred the matter of a Home Rule Petition to Establish a Salem Harbor Port Authority has considered said matter and would recommend that the matter be sent to the full Council with a positive Recommendation and to be voted on by Roll Call Vote Accept the Report Voted Adopt the Recommendation Voted Councillor McCarthy offered the following report for the Committee on Government Services co- posted with the Committee of the Whole to whom was referred the matter of an Ordinance to Amend an Ordinance relative to Traffic and Parking by deleting in its entirety the Parking Department Board, Chapter 2, Article VIII, Division 2 and the Transportation Advisory Commission, Chapter 2, Article IV, Division 12 and replace it with creating a new Traffic and Parking Commission (full text can be viewed at the City Clerk’s Office during normal business hours) has considered said matter and would recommend that the matter remain in committee Accept the Report Voted Adopt the Recommendation Voted  18 NOVEMBER 12, 2015 COMMUNICATIONS FROM CITY OFFICIALS None  19 NOVEMBER 12, 2015 PETITIONS Petition from National Grid to install conduits on Bridge/Planters Street. HEARING ORDERED DECEMBER 3, 2015 Request from AFSCME Council 93 Local 1818 to meet with Council to discuss public safety issues regarding three vehicles belonging to the City of Salem Department of Public Services that are currently on the road Action Contemplated Councillor Eppley Moved Refer to the Committee on Public Voted Health, Safety & Environment Request from Wal-Mart, 450 Highland Ave., to extend its hours of operation on Friday, November 27th, (Black Friday) only. Normal working hours are 7AM to 10PM; Wal-Mart is seeking to open up at 1:00 A.M the morning of Friday, November 27th until 10:00 P.M. Action Contemplated Councillor Eppley Moved Granted Voted The Following License Applications: PUBLIC GUIDES: Frances Marrow, 12 Strawberry Hill Lane, Danvers Jonnet Holladay, 4 Longfellow Place, Boston Carol Weitzman, 4206 Woodbridge Rd., Peabody TAXI OPERATORS: Cirilo Brache, 57 Harbor St., Salem Stephen Reddy, 35 Alden St., Provincetown Action Contemplated Councillor Siegel Moved Granted Voted  20 NOVEMBER 12, 2015 PETITIONS The Following License Applications: JUNK DEALER: Newark Recycled Fibers, North Shore Recyling, 53 Jefferson Ave., Salem SEAWORMS: Timothy Lynch, 28 Anawan Ave., Saugus Paul Lynch, 28 Anawan Ave., Saugus SECOND HAND Glass And Etc., 180 Essex St., Salem VALUABLE Jacqueline A. Satin (Antiques Gallery) 69 Wharf St., Salem Tobie’s Jewelry, 142 Washington St., Salem Game Zone, 270 Essex St., Salem Once and Again, 45 Bridge St., Salem Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem TAG DAY: S.H.S. Boys Basketball, 12/13/15, 1/10/16, 1/24/16 & 2/6/16 Councillor Siegel Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs The Following Claims: Cathy McGreg, 6 White St.,, Salem Marcia Kalman, 35A First St., Salem Action Contemplated Councillor Siegel Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs  21 NOVEMBER 12, 2015 PETITIONS The Following Bonds: SIGNS: Bon Chon, 299 Essex St., Salem Castle Hill Mini Mart, 280 Jefferson Ave., Salem Action Contemplated Councillor Siegel Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs and Returned Approved  22 NOVEMBER 12, 2015 UNFINISHED BUSINESS SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 75 Resident Sticker Parking Summit Street. Action Contemplated Councillor Turiel Moved Adoption for second & final passage Voted ______________________________________________________________________________ SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 51B “Parking Prohibited at certain times on certain streets” Ocean Avenue Action Contemplated Councillor Gerard Moved Adoption for second & final passage Voted ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.