City Council

City of Salem, Massachusetts Office of the City Clerk Cheryl A. LaPointe City Clerk March 22, 2016 MEETING NOTICE AND AGENDA “Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A ss. 18-25, and City Ordinance Sections 2-2028 through 2-2033.” The City Council will meet in the City Council Chamber on Thursday, March 24, 2016 at 7:00 P.M. to hold its regular meeting for the purpose of discussing any and all business. The Agenda for this meeting is posted on the website and also listed below. Very truly yours, ATTEST: CHERYL A. LAPOINTE CITY CLERK  2 MARCH 24, 2016 “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, March 24, 2016 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 22, 2016 at 11:33 A.M. This meeting is being taped and is live on S.A.T.V. Absent were: Council President Turiel presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Turiel 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  3 MARCH 24, 2016 HEARINGS NONE  4 MARCH 24, 2016 APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting, the Mayor’s appt. of Roberta Clement to serve as a member of the Cemetery Commission with a term to expire on February 11, 2019 Action Contemplated Councillor Famico Moved Confirmation by RCV Yeas Nays Absent Held from the last meeting, the Mayor’s appt. of Scott Sheehan to serve as a member of the City of Salem’s Conservation Commission with a term to expire on March 10, 2019 Action Contemplated Councillor McCarthy Moved Confirmation by RCV Yeas Nays Absent Held from the last meeting, the Mayor’s appt. of Antonio Mataragas to serve as a member of the City of Salem’s Planning Board with a term to expire on March 10, 2021 Action Contemplated Councillor Dibble Moved Confirmation by RCV Yeas Nays Absent  5 MARCH 24, 2016 APPOINTMENTS AND REAPPOINTMENTS Mayor’s appt. of John Young to serve as a member of the City of Salem’s Commission on Disabilities with a term to expire on March 24, 2019 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Eppley Held under the rules Voted Mayor’s appt. of Matthew Smith to serve as a member of the City of Salem’s Redevelopment Authority with a term to expire on March 24, 2021 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Famcio Held under the rules Voted Mayor’s reappt. of Beverly Moustakis to serve as a member of the Beautification Committee with a term to expire on April 1, 2019 Action Contemplated Councillor Gerard Moved Confirmation by RCV Yeas Nays Absent  6 MARCH 24, 2016 APPOINTMENTS AND REAPPOINTMENTS Mayor’s appt. of Jeffrey Gregorio to serve as a Constable with a term to expire on February 23, 2017 Action Contemplated Councillor McCarthy Received & Placed on File Voted Mayor’s reappt. of John Ray, III to serve as a Constable with a term to expire on April 1, 2019 Action Contemplated Councillor McCarthy Received & Placed on File Voted Mayor’s reappt. of Brian Davis to serve as a Constable with a term to expire on February 23, 2019 Action Contemplated Councillor McCarthy Received & Placed on File Voted  7 MARCH 24, 2016 COMMUNICATIONS FROM THE MAYOR ORDER: Appropriation of $150,325.00 from “Fund Balance Reserved for Appropriation – Free Cash” account to the “Police – Overtime” Account Councillor Eppley Suspension of the Rule Councillor Objection Action Contemplated Councillor Eppley Moved Ref. to Committee on Administration Voted and Finance or Adoption ORDER: Appropriation of $70,000.00 within the “Capital Outlay Renovations & Repairs” Account to be expended for the brownstone and brickwork repairs to the Salem Public Library Councillor Eppley Suspension of the Rule Councillor Objection Action Contemplated Councillor Eppley Moved Ref. to Committee on Administration Voted and Finance or Adoption ORDER: Appropriation of $25,000.00 from “Fund Balance Reserved for Appropriation – Free Cash” account to the “Veterans – Benefits” Account Councillor Eppley Suspension of the Rule Councillor Objection Action Contemplated Councillor Eppley Moved Ref. to Committee on Administration Voted and Finance or Adoption  8 MARCH 24, 2016 COMMUNICATIONS FROM THE MAYOR An Ordinance amending an Ordinance relative to Solid Waste Management Chapter 36 Ch. 36 Sec. 6 – Collection Fee for certain residences Subsection (a) is hereby amended by adding the following sentence at the end of the paragraph “Such fees may, at the owner’s option, be billed via electronic billing” Subsection (c) is hereby amended by deleting the second sentence of the paragraph – “any fee not paid 30 days from the date of mailing of each bill may be liened to the property in the following fiscal years’ real estate bill” and replacing it with “any fee not paid 30 days from the date of electronic transmission or mailing of each bill may be liened to the property in the following fiscal years’ real estate bill” Action Contemplated Councillor McCarthy Moved Adopted for first passage Voted OR Refer to the Committee on Ordinances, Licenses and Legal Affairs An Ordinance amending an Ordinance relative to Water and Sewers, Chapter 46 Chapter 46 Article II, Division 1, Generally, Section 46-36 Due date and payment of bills. Section 46-36 is hereby amended by adding the following sentence as a new paragraph at the end of the existing two paragraphs: “Bills for water charges may, at the owner or watertaker’s option, be billed via electronic billing.” Chapter 46 Article III, Division 4, Assessments, Section 46-232 – Payment of sewer use charges. Section 46-232 is hereby amended by adding the following new paragraph (d) at the end of the section: “(d) Bills for sewer use charges may, at the sewer user’s option, be billed via electronic billing.” Action Contemplated Councillor McCarthy Moved Adopted for first passage Voted OR Refer to the Committee on Ordinances, Licenses and Legal Affairs  9 MARCH 24, 2016 MAYOR’S INFORMATIONAL PAGE NONE  10 MARCH 24, 2016 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Dibble ORDINANCE: amending Traffic, Ch. 42, Sec. 57A, “Parking Time Limited, Unmetered Zones” Repeal Lafayette Street, westerly side beginning 15 feet from Loring Ave. for a distance of 429 feet in a southerly direction as marked by signs, 2 hour parking, 6:00 AM – 6:00 PM Monday – Friday (10/9/2008) And replace with the following: Lafayette Street, westerly side beginning 15 feet from Loring Ave. for a distance of 429 feet in a southerly direction as marked by signs, 1 hour parking, 6:00 AM – 6:00 PM Monday – Friday Action Contemplated Councillor Dibble Moved Adoption for first passage Voted Councillor Turiel ORDINANCE: amending Traffic, Ch. 42, Sec. 75, “Parking Prohibitions Towing Zone (Resident Sticker Parking) Repeal Ropes Street, Zone, E color orange, northerly side, beginning at the intersection with Washington Street and Ropes Street and proceeding 125 feet. (5/26/87) And replace with the following: Ropes Street, Zone E, color orange, northerly side, beginning at the intersection with Washington Street and Ropes Street and proceeding 461 feet in a westerly direction. Action Contemplated Councillor Turiel Moved Adoption for first passage Voted  11 MARCH 24, 2016 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Turiel ORDER: That the Committee on Community and Economic Development co-posted with the Committee of the Whole meet for the purposes of establishing an ordinance, guidelines and parameters for permitting food trucks to operate in certain areas of Salem. Action Contemplated Councilor Turiel Moved Adoption Voted Councillor Eppley ORDER: That the Monthly Financial Report dated February 29, 2016 be referred to the Committee on Administration and Finance. Action Contemplated Councillor Eppley Moved Adoption Voted ______________________________________________________________________________ Councillor McCarthy ORDINANCE: amending Traffic, Ch. 42, Sec. 49, “Obedience to Isolated Stop Signs” Front Street, easterly traffic stop at Lafayette Street. Action Contemplated Councillor McCarthy Moved Adoption for first passage Voted  12 MARCH 24, 2016 COMMITTEE REPORTS Councillor McCarthy offered the following report for 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 licenses be granted TAG DAYS: S.H.S. Softball, 4/10/16 and 5/16/16 S.H.S Boys Basketball, 12/10/16, 12/17/16, 1/7/17, 1/14/17 Accept the Report Voted Adopt the Recommendation Voted Councillor Turiel offered the following report for the Committee of the Whole to whom was referred the matter of the reappointment of Mickey Northcutt to the Community Preservation Committee with a term to expire on March 1, 2019 has considered said matter and would recommend confirmation by Roll Call Vote Accept the Report Voted Adopt the Recommendation Voted  13 MARCH 24, 2016 COMMUNICATIONS FROM CITY OFFICIALS NONE  14 MARCH 24, 2016 PETITIONS Petition from McLane Middleton on behalf of Cellco Partnership d/b/a Verizon Wireless to locate small cell wireless antennas and the necessary sustaining and protecting fixtures on an existing utility pole, located on a public way near 81 Highland Avenue HEARING ORDERD APRIL 14, 2016 ______________________________________________________________________________ Request from W.T. Rich Company to shut down and reroute a portion of sidewalk along Bridge St. Action Contemplated Councillor Famico Moved Granted Voted ______________________________________________________________________________ Request from Salem Main Streets to close Front Street to vehicular traffic during the Salem Arts Festival on Saturday, June 4 and Sunday, June 5 from 10:00 A.M. to 6:00 P.M. Action Contemplated Councillor Famico Moved Granted Voted An Invitation to attend the Vietnam War Commemoration to honor and mark the 50th Anniversary of the final day that U.S. troops were on the ground in Vietnam, Monday, March 28, 2016 at 6:30 P.M. at Riley Plaza Action Contemplated Councillor Eppley Received & Placed on File Voted  15 MARCH 24, 2016 PETITIONS An Invitation from the Second Corps Cadets Veterans Association to attend the 379th Anniversary of the First Muster on April 2, 2016 – The events will begin at 9:00 AM at St. Peter’s Church and finishing with a March to Salem Common at 10:30 The muster will conclude with a pass-in-review followed by a collation at the K of C Hall Action Contemplated Councillor Eppley Received & Placed on File Voted the Following License Application: PUBLIC GUIDES: Jesse Kamien,6 Netherwood Rd., Windham, NH Philip Weinstein, 13 Station Rd., Salem Joel Cassidy, 35 March St., Salem John Flanagan, 38 Bayview Ter., Danvers Michael Vitka, 384 Essex St., Salem TAXI OPERATORS: Alfredo Pina, 13 Center St., Peabody Juan Carlos Espinal Sr., 203 Washington St., Salem Bienverdo Gil, 32 Perkins St., Salem Tirsson Ozoria, 20 Peabody St., Salem Jose Baez, 29 Perkins St., Salem Miguel Vasquez, 100 Lafayette St., Salem Action Contemplated Councillor McCarthy Moved Granted Voted  16 MARCH 24, 2016 PETITIONS The Following License Applications: SEAWORM: Mike Sanchez, 31 Preston St., Wakefield TAG DAYS: S.H.S. Winter Colorguard & Percussion Ensemble, May 1, 2016 S.H.S. Music Dept., June 11, 2016 S.H.S. Boys Soccer, Aug. 27, 2016, Sept. 10, 2016 & Oct. 1, 2016 Action Contemplated Councillor McCarthy Moved Referred to Comm. on Ordinances Voted Licenses & Legal Affairs The Following Bonds: CONSTABLES: Brian F. Davis, 21 Oakhurst St., Ipswich Jeffry Greogorio, 48 Tremont St., Peabody Action Contemplated Councillor McCarthy Moved Referred to Comm. on Ord., Licenses & Voted Legal Affairs & Returned Approved  17 MARCH 24, 2016 UNFINISHED BUSINESS ORDER for the discontinuance of a public way known as Beckford Way (aka Beckford Street extension). Councillor Famico Moved Approval by roll call vote yeas nays absent Or Refer to Committee on ______________________________________________________________________________ SECOND PASSAGE ordinance amending Traffic Ch. 42, Sec. 57A, “Parking Time Limited Unmetered Zones Loring Avenue 40 feet north of College Drive to the intersection of Linden Street 15 min. parking Mon.-Fri. 7 AM – 4 PM Action Contemplated Councillor Dibble Moved second and final passage Voted SECOND PASSAGE ordinance amending Traffic Ch. 42, Sec. 57A, “Parking Time Limited Unmetered Zones” Lafayette Street southerly to property line of 410 Lafayette St. 1 hour parking Mon. – Fri. 6 AM to 5 PM Action Contemplated Councillor Dibble Moved second and final passage Voted  18 MARCH 24, 2016 UNFINISHED BUSINESS SECOND PASSAGE ordinance amending Traffic, Ch. 42, Sec. 75 “Parking Prohibitions Towing Zones (Resident Sticker Parking) Lafayette Street 20 feet north of Raymond Avenue continuing northerly for 410 feet to #410 Lafayette Street, Mon. – Fri. 6 AM to 8 PM Action Contemplated Councillor Dibbel Moved second and final passage Voted On the motion of Councillor the meeting adjourned at P.M.