City Council

1 DECEMBER 3, 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, December 3, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on December 1, 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 DECEMBER 3, 2015 HEARINGS ORDERED: National Grid to install conduits on Bridge/Planters Street. IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR FAMICO MOVED VOTED  3 DECEMBER 3, 2015 APPOINTMENTS AND REAPPOINTMENTS Mayor’s apppt. of Andrea Cohen to serve as a member of the Salem Disabilities Commission with a term to expire on December 3, 2018 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Siegel Held under the Rules Voted until the next meeting OR Confirmation by RCV ______________________________________________________________________________ Mayor’s apppt. of Steven Dwyer to serve as a member of the Salem Disabilities Commission with a term to expire on December 3, 2018 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Turiel Held under the Rules Voted until the next meeting OR Confirmation by RCV ______________________________________________________________________________ Mayor’s reappt. of Lisa Lyons to serve as a member of the Beautification Committee with a term to expire on January 10, 2019 Action Contemplated Councillor Famico Moved Confirmation by RCV Yeas Nays Abs  4 DECEMBER 3, 2015 APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of Laurence Spang to serve as a member of the Historical Commission with a term to expire on January 10, 2019 Action Contemplated Councillor McCarthy Moved Confirmation by RCV Yeas Nays Abs Mayor’s reappt. of Craig Thomas to serve as a member of the Renewable Energy Task Force with a term to expire on December 3, 2018 Action Contemplated Councillor Siegel Moved Confirmation by RCV Yeas Nays Abs RECEIVED AFTER THE DEADLINE OF TUESDAY NOON Councillor Turiel Moved suspension of the rules to allow the matter to come before Council due to the late file (Rule Sec. 28A) Councillor sus. of rules Councillor Object Mayor submitting appointment of Richard Lobsitz to serve as a member of the Board of Commissioners of Trust Funds with a term to expire on April 1, 2023 Councillor Turiel Held under the rules Voted Until the next meeting  5 DECEMBER 3, 2015 COMMUNICATIONS FROM THE MAYOR ORDER: Appropriation of $43,000.00 from “Receipts Reserved – Golf Course” account to “Golf Course – Equipment” 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 $40,000.00 from “Capital Outlay – Renovation & Repair” 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 $35,000.00 from “Fund Balance – Free Cash” account to be expended to cover medical line item for officers injured on duty. Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption  6 DECEMBER 3, 2015 COMMUNICATIONS FROM THE MAYOR ORDER: Appropriation of $19,125.00 from “Capital Outlay – Renovations & Repairs” account to be expended for wood chips/mulch fro 13 playgrounds Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption _____________________________________________________________________________ Councillor Turiel Moved suspension of the rules to allow the matter to come before Council due to the late file (Rule Sec. 28A) Councillor sus. of rules Councillor Object ORDER: Appropriation of $190,100.00 from “Capital Outlay – Renovation & Repair” account to be expended for upgrades to intersection at Loring Avenue & Lafayette Street. Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption _____________________________________________________________________________  7 DECEMBER 3, 2015 COMMUNICATIONS FROM THE MAYOR Councillor Turiel Moved suspension of the rules to allow the matter to come before Council due to the late file (Rule Sec. 28A) Councillor sus. of rules Councillor Object ORDER: Appropriation of $190,100.00 from “Capital Outlay – Renovation & Repair” account to be expended to address the intersection of Loring Avenue and Lafayette Street Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption _____________________________________________________________________________ Councillor Turiel Moved suspension of the rules to allow the matter to come before Council due to the late file (Rule Sec. 28A) Councillor sus. of rules Councillor Object ORDER: Appropriation of $131,000.00 from “Fund Balance – Free Cash” account to be expended to send 6 police officers to the Boston Police Acadamy Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption  8 DECEMBER 3, 2015 COMMUNICATIONS FROM THE MAYOR Councillor Turiel Moved suspension of the rules to allow the matter to come before Council due to the late file (Rule Sec. 28A) Councillor sus. of rules Councillor Object ORDER: Appropriation of $130,000.00 from “Capital Outlay – Renovation & Repairs” account to be expended to purchase 3 new vehicles for the Public Works Department Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption Councillor Turiel Moved suspension of the rules to allow the matter to come before Council due to the late file (Rule Sec. 28A) Councillor sus. of rules Councillor Object ORDER: Appropriation of $100,000.00 from “Capital Outlay – Renovation & Repairs” account to be expended to address repairs to citywide sidewalks and tree stumps Councillor Turiel Suspension of the Rule Councillor Objection Action Contemplated Councillor Turiel Moved Ref. to Committee on Administration Voted and Finance or Adoption  9 DECEMBER 3, 2015 MAYOR’S INFORMATIONAL PAGE NONE  10 DECEMBER 3, 2015 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Turiel ORDER: that the monthly financial report dated October 31, 2015 be referred to the Committee on Administration and Finance. Councillor Turiel Moved Adopted Voted Councillor Siegel ORDER: That the Committee on Administration and Finance meet to discuss with the Finance Director relative to adding an additional column to the Operating Budget Book to reflect the percent change variance on personnel salaries and expense lines Councillor Siegel Moved Adopted Voted ______________________________________________________________________________  11 DECEMBER 3, 2015 COMMITTEE REPORTS Councillor Siegel offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a granting certain licenses has considered said matter and would recommend the following licenses be granted 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 Accept the Report Voted Adopt the Recommendation Voted Councillor Siegel offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of placing a limit on the number of taxi cab licenses has considered said matter and would recommend that the matter remain in committee and be carried over into the next year Accept the Report Voted Adopt the Recommendation Voted Councillor Siegel offered the following report for the Committee on Ordinances, Licenses & Legal Affairs to whom was referred matters in Committee has considered said matter and would recommend that Rule 31B is suspended and the enclosed matters be brought forward into 2016 Accept the Report Voted Adopt the Recommendation Voted  12 DECEMBER 3, 2015 COMMITTEE REPORTS Councillor Turiel offered the following report for the Committee on Administration and Finance to whom was referred the matter of a $25,000.00 appropriation within the “Capital Outlay Renovation & Repair” Account to be expended for the Lafayette Street Bike Lane Project has considered said matter and would recommend (action unknown meeting took place after the Agenda deadline.) Accept the Report Voted Adopt the Recommendation Voted Councillor Turiel offered the following report for the Committee on Administration & Finance to whom was referred matters in Committee has considered said matter and would recommend that Rule 31B is suspended and the enclosed matters be brought forward into 2016 Accept the Report Voted Adopt the Recommendation Voted Councillor Eppley offered the following report for the Committee on Public Health, Safety & Environment co-posted with the Committee of the Whole to whom was referred the matter of discussing a plan to repair 92 gas leaks in the City has considered said matter and would recommend that the matter remain in Committee and be carried over into the next year Accept the Report Voted Adopt the Recommendation Voted Councillor Eppley offered the following report for the Committee on Public Health, Safety & Environment to whom was referred matters in Committee has considered said matter and would recommend that Rule 31B is suspended and the enclosed matter be brought forward into 2016 Accept the Report Voted Adopt the Recommendation Voted  13 DECEMBER 3, 2015 COMMITTEE REPORTS Councillor McCarthy offered the following report for the Committee on Government Services to whom was referred matters in Committee has considered said matter and would recommend that Rule 31B is suspended and the enclosed matters be brought forward into 2016 Accept the Report Voted Adopt the Recommendation Voted Councillor Sargent offered the following report for the Committee of the Whole to whom was referred matters in Committee has considered said matter and would recommend that Rule 31B is suspended and the enclosed matters be brought forward into 2016 Accept the Report Voted Adopt the Recommendation Voted  14 DECEMBER 3, 2015 COMMUNICATIONS FROM CITY OFFICIALS None  15 DECEMBER 3, 2015 PETITIONS Petition from Extenet Systems to install a conduit on Lafayette St./New Derby Street and construct and maintain telecommunications wires and appurtenances, including fiber optic cable, a remote node and pole top antennas to one existing pole located in, across and over the same public ways HEARING ORDERED JANUARY 14, 2016 Petition from MOBILITIE, LLC to install a pole between Forrester Street and Emerton Street HEARING ORDERED JANUARY 14, 2016 Petition from MOBILITIE, LLC to install a pole between Lynch Street and Perkins Street HEARING ORDERED JANUARY 14, 2016 Petition from MOBILITIE, LLC to install a pole between Essex Street and Becket Street HEARING ORDERED JANUARY 14, 2016 Petition from MOBILITIE, LLC to attach equipment to existing pole on Summer Street and Route 114 HEARING ORDERED JANUARY 14, 2016 Petition from MOBILITIE, LLC to attach equipment to existing pole between Pond Street and Washington Street HEARING ORDERED JANUARY 14, 2016  16 DECEMBER 3, 2015 PETITIONS Petition from MOBILITIE, LLC to attach equipment to existing pole between Highland Ave. and Clark Street HEARING ORDERED JANUARY 14, 2016 Petition from MOBILITIE, LLC to attach equipment to existing pole between Pickering Way and Congress Street HEARING ORDERED JANUARY 14, 2016 Request from T.R. Ramsdell/Wicked Running Club to hold a road race (Wicked Frosty Four) and use of city streets on January 1, 2016 Action Contemplated Councillor McCarthy Moved Voted Request from B&S Fitness to hold a race (Black Cat 10 & 20 miler) and use of city streets on March 12, 2016 Action Contemplated Councillor Famico Moved Voted Request from HAWC to hold its annual walk and use of city streets on April 24, 2016 Action Contemplated Councillor Famico Moved Voted  17 DECEMBER 3, 2015 PETITIONS Request from Antonio Mirtre, Project Director, Iberdrola Energy Projects, Inc. (EPC Contractor for the new Salem Harbor Energy Center Construction) to allow work hours to include occasional Sundays from 7:00 A.M. to 5:00 P.M. Current work hours are 6:00 A.M. to 5:00 P.M. five to six days per week and occasional major concrete pours have started as early as 2:00 A.M. and 4:00 A.M. Some operations starting at the end of 1Q16 will require multiple shifts as contemplated in the Construction Management Plan. Action Contemplated Councillor McCarthy Moved Voted _____________________________________________________________________________ The Following License Applications: PUBLIC GUIDES: Michael Metzger, 634 Woodlands Way, Abington Susan Metzger, 25 Shepard St., Marblehead Abigail Russell, 37 Forest St., Wakefield Rory O’Brien, 1 Courageous Court, Salem William Sano, 35 Daniels St., Salem Action Contemplated Councillor Siegel Moved Granted Voted The Following License Applications: SEAWORMS: Jose Machado, 138 Lynnfield St., Peabody Eduardo C. Santos, 4 Collins St., Peabody Tomo Shiraishi, 58 Everett St., E. Boston SECOND HAND Re-Find, 244 Essex St., Salem CLOTHING: Re-Find, 72 Washington St., Salem SECOND HAND RJ Coins and Jewelry, LLC., 68 Wharf St., Salem VALUABLE: Action Contemplated Councillor Siegel Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs  18 DECEMBER 3, 2015 PETITIONS The Following Drainlayer/Contract Operator Licenses: DiIulis Brothers Construction Co., 31 Collins St. Terrace, Lynn JJ O’Brien & Sons, Inc. 5 Fern St., Waltham James W. Flett Co., Inc., 800 Pleasant St., Belmont N. Granes & Sons, Inc., 59 Jefferson Ave., Salem Spencer Contracting, 350 Main St., Boxford Village Construction Co, 57 Wharf St., Salem WL French Excavating Corp., 3 Survey Circle, N. Billerica Action Contemplated Councillor Siegel Moved Granted Voted The Following Claims: Cynthia Johnson, 13 River St., Salem Jill El-Ashkar, 212 Canal St., Salem Ryan Blaney, 39 Main St., Salisbury Action Contemplated Councillor Siegel Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs  19 DECEMBER 3, 2015 UNFINISHED BUSINESS SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 75 Resident Sticker Parking Gifford Court. Action Contemplated Councillor Famico Moved Adoption for second & final passage Voted ______________________________________________________________________________ SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 74 “General Prohibitions Towing Zone” Gifford Court, southerly side. Action Contemplated Councillor Famico Moved Adoption for second & final passage Voted ______________________________________________________________________________ SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 50B “Handicap Parking Limited Time” Norman Street. Action Contemplated Councillor Famico Moved Adoption for second & final passage Voted ______________________________________________________________________________ SECOND PASSAGE Ordinance amending Traffic Ch. 42, Sec. 50B “Handicap Parking Limited Time” Repeal Cabot Street. Action Contemplated Councillor Turiel Moved Adoption for second & final passage Voted ______________________________________________________________________________  20 DECEMBER 3, 2015 UNFINISHED BUSINESS 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 ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.