City Council

City of Salem, Massachusetts Office of the City Clerk Cheryl A. LaPointe City Clerk April 12, 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, April 14, 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 APRIL 14, 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, April 14, 2016 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on April 12, 2016 at 10:02 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 APRIL 14, 2016 HEARINGS ORDERED: Extenet Systems to install a conduit on Lafayette St./New Derby St. and construct and maintain telecommunications, including a fiber optic cable, a remote node and pole top antennas to one existing pole located in, across and over the same public ways IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR TURIEL MOVED THAT THE PUBLIC HEARING CONTINUE TO APRIL 28, 2016 AT 7:00 P.M.  4 APRIL 14, 2016 HEARINGS ORDERED: MOBILITIE, LLC to attach equipment on existing pole on Summer St. IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR FAMICO MOVED VOTED  5 APRIL 14, 2016 HEARINGS ORDERED: MOBILITIE, LLC to attach equipment to an existing pole between Pond Street and Washington Street IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR TURIEL MOVED VOTED  6 APRIL 14, 2016 HEARINGS ORDERED: MOBILITIE, LLC to attach equipment to an existing pole between Highland Ave. and Clark St. IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR LOVELY MOVED VOTED  7 APRIL 14, 2016 HEARINGS ORDERED: MOBILITIE, LLC to attach equipment to an existing pole between Pickering Way and Congress Street. IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR MCCARTHY MOVED VOTED  8 APRIL 14, 2016 HEARINGS ORDER: 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 IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR LOVELY MOVED VOTED  9 APRIL 14, 2016 APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting, the 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 December 1, 2016 (correction from last meeting) Action Contemplated Councillor Famcio Moved Confirmation by RCV Yeas Nays Absent Mayor’s appt. of Nancy Crowder to serve as a member of the Board of Health with a term to expire on March 1, 2018 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Turiel Held under the rules Voted Mayor’s appt. of Denise Balfe to serve as a member of the Beautification Committee with a term to expire on April 14, 2019 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Gerard Held under the rules Voted  10 APRIL 14, 2016 APPOINTMENTS AND REAPPOINTMENTS Mayor’s appt. of Matt Rusteika to serve as a member of the Renewable Energy Task Force with a term to expire on April 14, 2019 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Famico Held under the rules Voted Mayor’s reappt. of Lynda Coffill to serve as a member of the Council on Aging Board with a term to expire on April 25, 2019 Action Contemplated Councillor Eppley Moved Confirmation by RCV Yeas Nays Absent Mayor’s reappt. of Elysia Alleman and J.P. Story to serve as a members of the Salem Parking Board with their terms to expire on April 14, 207 Action Contemplated Councillor McCarthy Moved Confirmation by RCV Yeas Nays Absent  11 APRIL 14, 2016 APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of Jeff Cohen to serve as a member of the Renewable Energy Task Force with a term to expire on April 14, 2019 Action Contemplated Councillor Turiel Moved Confirmation by RCV Yeas Nays Absent Mayor’s reappt. of Maxwell James Bressi to serve as a Constable with a term to expire on March 22, 2019 Action Contemplated Councillor McCarthy Received & Placed on File Voted Mayor’s reappt. of Debra Ruehrwein to serve as a Constable with a term to expire on April 3, 2019 Action Contemplated Councillor McCarthy Received & Placed on File Voted Mayor’s reappt. of Darryl C. Hines to serve as a Constable with a term to expire on March 26, 2019 Action Contemplated Councillor McCarthy Received & Placed on File Voted  12 APRIL 14, 2016 APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of Richard A. Heath to serve as a Constable with a term to expire on January 26, 2018 Action Contemplated Councillor McCarthy Received & Placed on File Voted  13 APRIL 14, 2016 COMMUNICATIONS FROM THE MAYOR ORDER: Appropriation of $300,000.00 from “Fund Balance – Free Cash” account to “HR – Collective Bargaining Reserve” 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: Transfer of $6,600.00 from “Receipts Reserved – Golf Course” to “Golf Course – Seasonable Labor” account Action Contemplated Councillor Eppley Moved Ref. to Committee on Administration Voted and Finance or Adoption ORDER: The following transfers for a total of $6,500.00 as listed below: $4,000.00 from Recreational activities to Rec Salaries Full Time $2,500.00 from COA Salaries Full Time to COA Contracted Services Action Contemplated Councillor Eppley Moved Ref. to Committee on Administration Voted and Finance or Adoption  14 APRIL 14, 2016 COMMUNICATIONS FROM THE MAYOR ORDER: Transfer of $6,000.00 from “Capital Outlay – Renovations & Repairs” account to be expended for repair of the filter at the Forest River Pool. Action Contemplated Councillor Eppley Moved Ref. to Committee on Voted Administration and Finance or Adoption ORDER: to authorize the submission of the Application for Federal Assistance to the Department of Housing & Urban Development (HUD) for Community Development Block Grant (CDBG) funds. Action Contemplated Councillor Famico Moved Adoption Voted ORDER: to accept a donation of $1,425.00 from the Christopher Columbus Golf League for improvements to the Golf Course. Councillor Eppley Moved Adopted Voted ______________________________________________________________________________ ORDER: to accept a donation $1,300.00 from Milissa Solemina to purchase picnic tables and benches. Councillor Eppley Moved Adoption Voted  15 APRIL 14, 2016 COMMUNICATIONS FROM THE MAYOR ORDER: authorize Mayor to convey a perpetual historic preservation restriction encumbering the Dickson Memorial Chapel for Mass. Preservation Project Fund grant application for improvements to the structure. Councillor Gerard Moved Adoption Voted ORDINANCE: to amend an Ordinance relative to Chapter 12, Building, Electricity and Plumbing Regulations, Article III Electricity by adding a new section for Tele-Communications attachments to poles. Councillor McCarthy Moved adoption for first passage Voted Or Ref. to Committee on Ordinances, Licenses & Legal Affairs ORDER: adopt in accordance with MGL Chapter 44, Sec. 53E ½ a revolving account for Tele- Communications for application fees and rental revenue from telecommunications attachments. Councillor Eppley Moved adoption Or Ref. to Committee on Voted Administration & Finance  16 APRIL 14, 2016 MAYOR’S INFORMATIONAL PAGE NONE  17 APRIL 14, 2016 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Dibble ORDER: That the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole meet for the purpose of discussing the Memorandum of Understanding submitted to the Council by the Salem State University Students relative to Clean Energy Action Contemplated Councillor Dibble Moved Adoption Voted Councillor Eppley ORDER: That an Early Voting Task Force is hereby created to work with the City Clerk to assist in planning for the implementation of early voting as required by Massachusetts General Law, Chapter 54. The Task Force shall be comprised of the City Clerk, the City Solicitor, the City Council President or his designee and a representative from each of the following: Board of Registrars, Council on Aging, Latino Leadership Coalition and the Commission on Disabilities. Action Contemplated Councillor Eppley Moved Voted  18 APRIL 14, 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 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 Accept the Report Voted Adopt the Recommendation Voted Councillor McCarthy 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 the Communication and Recommendation received from the Planning Board relative to the Rezoning of 297 Bridge St., a portion of Beckford Way and 311 Bridge St. from R-2 Residential Two Family to B4 Business Wholesale and Automotive and would recommend (action unknown meeting took place after Agenda deadline) Accept the Report Voted Adopt the Recommendation Voted  19 APRIL 14, 2016 COMMITTEE REPORTS Councillor Eppley 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 to declare a parcel of land surplus property located at 297-305 Bridge St. Lot 1 containing 52,491 square feet, Parcel B containing 1,260 square feet and Parcel A containing 2,035 square feet has considered said matter and would recommend that the land be declared surplus Accept the Report Voted Adopt the Recommendation Voted Councillor Eppley 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 to convey a portion of 297 Bridge St. 1,260 square feet known as Parcel B to Sun King LLC for the sum of $10,001.00 with a permanent pedestrian and vehicular access on the entire parcel for the benefit of 30-32 Beckford St. has considered said matter and would recommend that the matter remain in committee Accept the Report Voted Adopt the Recommendation Voted Councillor Eppley 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 on a Land Disposition Agreement and convey a portion of 297 Bridge St. 52,491 square feet known and 311 Bridge St. 2,015 square feet to Sun King LLC for the sum of $990,000.00 has considered said matter and would recommend that the matter remain in committee Accept the Report Voted Adopt the Recommendation Voted  20 APRIL 14, 2016 COMMITTEE REPORTS Councillor Eppley 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 Calling for Full Funding of the Foundation Budget Review Commission’s Recommendations has considered said matter and would recommend (action unknown meeting took place after Agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor Eppley 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 an appropriation in the amount of 150,325.00 from Free Cash to Police Overtime Account has considered said matter and would recommend (action unknown meeting took place after Agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor Eppley offered the following report for the Committee on Administration and Finance to whom was referred the matter of a communication from the Park and Recreation Commission to increase meter rates at the Salem Willows has considered said matter and would recommend (action unknown meeting took place after Agenda deadline) Accept the Report Voted Adopt the Recommendation Voted  21 APRIL 14, 2016 COMMITTEE REPORTS Councillor Famico 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 the accessibility of voters at the polls and all early voting efforts with particular attention paid to the elderly, voters with disabilities and voters with any language barriers has considered said matter and would recommend that the matter remain in committee and that the Government Services Chairperson work with the City Solicitor to form a task force relative to voting issues Accept the Report Voted Adopt the Recommendation Voted Councillor Gerard 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 the parking issues on Howard St. has considered said matter and would recommend that the matter remain in Committee Accept the Report Voted Adopt the Recommendation Voted  22 APRIL 14, 2016 COMMUNICATIONS FROM CITY OFFICIALS A communication from the Veteran’s Agent Kim Emerling requesting Councils consideration for the naming of two (2) new Veteran Squares in honor of soldiers killed in action and served honorably during WWII: The first Cravata Square to be located at the intersection of Hawthorne and Essex Street in honor of US Army Private First Class Frederick J. Cravata killed in action March 15, 1945 during WWII. The second Lemire Square located at the intersection of Broad Street and Hathorne Street in honor of US Army Corporal George E. Lemire killed in action on July 17, 1944. Action contemplated Councillor Eppley Moved that the letter be received and filed And the two new veteran squares be adopted Voted Or Refer to the Committee on Government Services Co-posted with the Committee of the Whole ______________________________________________________________________________  23 APRIL 14, 2016 PETITIONS Petition from National Grid to install conduits and manholes on Washington St. at Dodge St. HEARING ORDERD APRIL 28, 2016 ______________________________________________________________________________ Request from Boys and Girls Club to hold a road race (Bridge and Back) and use of city streets on Sunday, August 7, 2016 Action Contemplated Councillor Famico Moved Granted Voted Request from Salem YMCA to hold a road race (Witch City 5K) and use of city streets on October 15, 2016 Action Contemplated Councillor McCarthy Moved Granted Voted  24 APRIL 14, 2016 PETITIONS Request from Boys and Girls Club to hold a road race (Turkey Race) and use of city streets on November 24, 2016 Action Contemplated Councillor Famico Moved Granted Voted Request from Friends of Northshore Education Consortium to hold a road race (Festivus 5K for Autism) and use of city streets on December 11, 2016 with a snow date December 18, 2016 Action Contemplated Councillor McCarthy Moved Granted Voted Petition from Russell Grand to meet with the City Council to discuss an issue with respect to Mayoral Statement and Attitude on Illegal Immigration Action Contemplated Councillor Dibble Moved Refer to Government Services Voted  25 APRIL 14, 2016 PETITIONS the Following License Applications: LIMO/TAXI CABS Caribe Taxi Co., 71 Harbor St., Salem (Limo – 1) 809 Transportation Corp., 55 Butler St., Salem (Limo – 1) Tri City Services, 55R Walnut St., Peabody (Taxi – 10) Salem Taxi, 30 Church St., Salem (Taxi – 10) Americab, 92 Jackson St., Salem (Taxi – 10) PUBLIC GUIDES: Mark Gauthier, 40 Oak Ave., Peabody Dominic Lavorante, 171 Loring Ave,Salem TAXI OPERATORS: Scott Boyle, 1106 The Heights at Cape Ann, Gloucester Alexander Hernandez, 14 Cherry St., Salem Martin Ozoria-Polanco, 10 Porter St., Salem Andilaw, Noyogiere, 172A Washington St., Lynn Action Contemplated Councillor McCarthy Moved Granted Voted The Following License Applications: SEAWORMS: Jose Bettencourt, 54 Fulton St., Peabody Robert Bettencourt, 54 Fulton St., Peabody Jerrold Houghton, 158 Park St., Lynn TAG DAY: S.H.S. Volleyball Boosters, Sept. 24, 2016 & Oct. 15, 2016 Action Contemplated Councillor McCarthy Moved Referred to Comm. on Ordinances Voted Licenses & Legal Affairs  26 APRIL 14, 2016 PETITIONS The Following Drainlayer/Contract Operator License: EKB Equipment, 9 Forest Lane, Manchester Action Contemplated Councillor McCarthy Moved Granted Voted The Following Claim: Derek Sprei, 3 Puritan Rd., Salem Action Contemplated Councillor McCarthy Moved Referred to Comm. on Ordinances Voted Licenses & Legal Affairs The Following Bonds: CONSTABLES: Maxwell Bressi, 5 Sylvester Rd., Burlington Darryl C. Hines, 5 Silver leaf Way, Peabody DRAINLAYER: EKB Equipment, 9 Forest Lane, Manchester Action Contemplated Councillor McCarthy Moved Referred to Comm. on Ord., Licenses & Voted Legal Affairs & Returned Approved  27 APRIL 14, 2016 UNFINISHED BUSINESS SECOND PASSAGE of an Ordinance amending an Ordinance relative to Solid Waste Management Chapter 36 - Ch. 36 Sec. 6 – Collection Fee for certain residences Action Contemplated Councillor McCarthy Moved adoption for second and final passage Voted SECOND PASSAGE: An Ordinance amending an Ordinance relative to Water and Sewers, Chapter 46-36 due date and payment of bills. Action Contemplated Councillor McCarthy Moved adoption for second and final passage Voted SECOND PASSAGE: Ordinance amending Traffic, Ch. 42, Sec. 57A, “Parking Time Limited, Unmetered Zones” Repeal Lafayette Street, westerly side beginning 15 feet from Loring Ave. Action Contemplated Councillor Dibble Moved Adoption for second and final passage Voted SECOND PASSAGE: Ordinance amending Traffic, Ch. 42, Sec. 75, “Parking Prohibitions Towing Zone (Resident Sticker Parking) Repeal Ropes Street 125 feet and replace with 461 feet in a westerly direction. Action Contemplated Councillor Turiel Moved Adoption for second and final passage Voted  28 APRIL 14, 2016 UNFINISHED BUSINESS SECOND PASSAGE: 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 second and final passage Voted On the motion of Councillor the meeting adjourned at P.M.