City Council

City of Salem, Massachusetts Office of the City Clerk Cheryl A. LaPointe City Clerk Page 1 January 9, 2017 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, January 12, 2017 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 JANUARY 12, 2017 “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, January 12, 2017 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 9, 2017 at 10:18 A.M. This meeting is being taped and is live on S.A.T.V. Councillors absent: Council President Milo presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Milo 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 JANUARY 12, 2017 HEARINGS ORDERED: Verizon and Mass Electric to install a jointly owned pole at #6 Lovett Street IN FAVOR: OPPOSED: Councillor Gerard Moved Hearing Closed Voted Action Contemplated Councillor Gerard Moved Granted Voted  4 JANUARY 12, 2017 HEARINGS Request from Footprint Power to amend an inflammable license to decrease combustible liquids from 84,235 gallons to 66,675 gallons and to increase the flammable gases from 53,600 standard cubic feet to 65,000 standard cubic feet to be kept/stored for the property located at 24 Fort Avenue, Salem IN FAVOR: OPPOSED: Councillor McCarthy Moved Hearing Closed Voted Action Contemplated Councillor McCarthy Moved Granted Voted  5 JANUARY 12, 2017 APPOINTMENTS AND REAPPOINTMENTS The Mayor’s appointment of Col. Meaghan Leclerc, Esq, 10 Orchard Street to the Salem Harbor Port Authority for a three (3) year term to expire January 12, 2020 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Held Under the Rules Held from the last meeting, the Mayor’s appointment of Janine Liberty, 6 Maple Ave., to serve as a member of the Public Art Commission for a term to expire on December 8, 2018 Action Contemplated Councillor Dibble Moved Confirmation by RCV Yeas Nays Abs Held from the last meeting, the Mayor’s appointment of Chrissy Kobyljanec, 22 Warren St., to serve as a member of the Renewable Energy Task Force for a term to expire on December 8, 2019 Action Contemplated Councillor Famico Moved Confirmation by RCV Yeas Nays Abs  6 JANUARY 12, 2017 APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting, the Mayor’s appointment of Christine Madore, 20 Federal St., to serve as a member of the Salem Redevelopment Authority for a term to expire on December 8, 2021 Action Contemplated Councillor Famico Moved Confirmation by RCV Yeas Nays Abs Held from the last meeting, the Mayor’s appointment of Samuel Hoang (Ward 4) and Collin McLean (Ward 2) to serve as members of the Salem Youth Commission for a term to expire on May 12, 2017 Action Contemplated Councillor Eppley Moved Confirmation by RCV Yeas Nays Abs  7 JANUARY 12, 2017 COMMUNICATIONS FROM THE MAYOR Appropriation of $35,000.00 from the “Police Dept. – Full Time Salary” account to the “Police Dept. – Training & Education” account Councillor suspension of rules Councillor object Action Contemplated Councillor Gerard Moved Adoption Voted Appropriation of $10,903.09 from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the FY2017 contractual buyback listed below: Alison Thibodeau $6,802.56 Ronald Malionek $4,100.53 $10,903.09 Councillor suspension of rules Councillor object Action Contemplated Councillor Gerard Moved Adoption Voted Appropriation of $7,500.00 from the “Capital Outlay – Renovation & Repair” account” to be exended for engineering study for the HVAC system in the Library Councillor suspension of rules Councillor object Action Contemplated Councillor Gerard Moved Adoption Voted  8 JANUARY 12, 2017 COMMUNICATIONS FROM THE MAYOR ORDER: per MGL Chapter 44, Section 64 which allows for a municipality to pay for prior fiscal year invoices using current fiscal year appropriations by a two-thirds vote of the City Council, the request is for the sum of $1,477.82 of outstanding FY 2016 Police Dept. invoices be paid from FY2017 Police Budget Police N.S. Medical Center $650.00 Police N.S. Medical Center $827.82 $1,477.82 Councillor suspension of rules Councillor object Action Contemplated Councillor Gerard Moved Adoption by roll call vote YEAS NAYS ABSENT OREDER: The surface, off-street parking lot on Bridge Street at 50 St. Peter Street be posted for public parking from 8:00 AM to 6:00 PM. Parking to be limited to four hours at a rate of $1.00 per hour. Action Contemplated Councillor Moved Adoption Voted  9 JANUARY 12, 2017 MAYOR’S INFORMATIONAL PAGE NONE MOTIONS, ORDERS, AND RESOLUTIONS  10 JANUARY 12, 2017 Councillor Gerard ORDER: That the Monthly Financial Report dated October 2016, be referred to the Committee on Administration and Finance. Action Contemplated Councillor Gerard Moved Adoption Voted ______________________________________________________________________________ Councillor Gerard ORDER: That the Monthly Financial Report dated November 2016, be referred to the Committee on Administration and Finance. Action Contemplated Councillor Gerard Moved Adoption Voted ______________________________________________________________________________ Councillor Gerard ORDER: That the Monthly Financial Report dated December 31, 2016, be referred to the Committee on Administration and Finance. Action Contemplated Councillor Gerard Moved Adoption Voted ______________________________________________________________________________ MOTIONS, ORDERS, AND RESOLUTIONS  11 JANUARY 12, 2017 Councillor Gerard ORDER: That the Year to Date Budget Report dated October, November, and December 2016, be referred to the Committee on Administration and Finance. Action Contemplated Councillor Gerard Moved Adoption Voted ______________________________________________________________________________ Councillor Famico ORDINANCE: amending Traffic Ch. 42, Sec. 50B Handicap Parking Limited Time, Repeal Federal Street in front of #102, for a distance of twenty (20) feet, Handicap Parking Tow Zone. (5/22/2014) Action Contemplated Councillor Famico Moved Adoption for first passage Voted ______________________________________________________________________________ Councillor Famico ORDINANCE: amending Traffic Ch. 42, Sec. 50B Handicap Parking Limited Time, Pleasant Street in front of #9, for a distance of twenty (20) feet, Handicap Parking Tow Zone. Action Contemplated Councillor Famico Moved Adoption for first passage Voted ______________________________________________________________________________ MOTIONS, ORDERS, AND RESOLUTIONS  12 JANUARY 12, 2017 Councillor Famico ORDER: That squares to be named for veterans shall require a written recommendation from the Salem Veterans Council. Action Contemplated Councillor Famico Moved Adoption Voted ______________________________________________________________________________ Councillor Lovely ORDER: That the City Assessor immediately return, without copying or retaining the affidavits or its contents, with an explanation, any and all affidavits, signed under the pains and penalties of perjury, submitted by any property owners to the City of Salem pursuant to the Mayor’s letter of January 2017, that contain home and cell telephone numbers of the property owners. (the full text of the order can be viewed during normal business hours in the City Clerks Office) Action Contemplated Councillor Lovely Moved Adoption Voted COMMITTEE REPORTS  13 JANUARY 12, 2017 Councillor Ryan 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 granting the following licenses JUNKDEALER: Newark Recycled Fibers/North Shore Recycling, 53 Jefferson Ave., Salem SEAWORM: Eduardo Santos, 4 Collins St., Salem SECOND HAND Boston St. Resale, 134 ½ Boston St., Salem CLOTHING: SECOND HAND Glass and Etc., 180 Essex St., Salem VALUABLE: Old Naumkeag Antiques, 1 Hawthorne Blvd, Salem Tobies Jewelry, 140 Washington St., Salem Jaqueline Satin, Antiques Gallery, 69 Wharf St., Salem Accept the Report Voted Adopt the Recommendation Voted Councillor Gerard offered the following report for the Committee on Administration & Finance co- posted with the Committee of the Whole to whom was referred the matter of an appropriation of $35,000.00 from the “Fund Balance – Free Cash” to “Planning – Contracted Services for a New Salem Bicycle Share Program has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted COMMUNICATIONS FROM CITY OFFICIALS  14 JANUARY 12, 2017 Communication from Planning Board with recommendation of approval on amending the zoning map by adding Jefferson Avenue as a designated corridor with the Entrance Corridor Overlay District. Action Contemplated Councillor Lovely Moved the communication be received and filed Voted Councillor Lovely Moved Adoption of zoning map amendment for first passage by roll call vote YEAS NAYS ABSENT ______________________________________________________________________________ Communication from Planning Board with recommendation of approval on amending the zoning map by adding Paradise Road as a designated corridor with the Entrance Corridor Overlay District. Action Contemplated Councillor Dibble Moved the communication be received and filed Voted Councillor Dibble Moved Adoption of zoning map amendment for first passage by roll call vote YEAS NAYS ABSENT ______________________________________________________________________________ PETITIONS  15 JANUARY 12, 2017 Petition from National Grid to relocate two poles on Bridge Street HEARING REQUESTED JANUARY 26, 2017 Request from Salem State University, Diversity and Multicultural Affairs, to hold its MLK Freedom March and use of city streets on Monday, January 16, 2017 Action Contemplated Councillor Dibble Moved Granted Voted Petition from Boston Pie, Inc. d/b/a/ Domino’s Pizza located at 4 Canal Street to request that the trial basis for extended hours be amended to operate from 10:30 A.M. to 1:00 A.M. Monday – Sunday, 7 days a week. (Extended hours approved for their 6-month trial were to operate until 1:00 A.M. Sunday through Thursday and until 2:00 A.M. Friday through Saturday) Action Contemplated Councillor Turiel Moved Voted PETITIONS  16 JANUARY 12, 2017 The Following License Applications: PUBLIC GUIDES: Carole Hartling, 37 Peach Highlands, Marblehead David Harris, 3 Buford Rd., Peabody Linda Harris, 3 Buford Rd., Peabody Heide Hasselmann, 2 Cranberry Hill, Duxbury Hannah Diozzi, 20 Pleasant St., Salem Robert Kieran, 14 Tremont St., Salem Francis Pelletier, 703 Ferncroft Tower, Danvers Abigail Russell, 37 Forest St., Wakefield William Sano, 35 Daniels St., Salem Nancy Sweeter, 60 Burley St. Danvers Carol Weitzman, 4206 Woodbridge Rd., Peabody Jonnet Holladay, 4 Longfellow Place, Boston Charles Galvin, 5 Warren St., Salem Deborah Pantazelos, 8 Michael Dr., Danvers Patrick Curran, 9 Rockland Rd., Danvers Allan Dorrington, 1000 Lexington St., Waltham Amey Butler, 14 Hunt St., Danvers Brenda Canady, 11 Glover St., Salem Joyce Harrington, 49 Valiant Way, Salem Dominic Lavorante, 171 Loring Ave., Salem Timothy Maguire, 28 Hight St., Salem Scott Aden, 14 Winthrop Shore Dr., Winthrop Kathleen Ward, 3 Sutton Ter., Salem Robert Sant Fournier, 5 Crescent Ct., Beverly Action Contemplated Councillor Ryan Moved Granted Voted PETITIONS  17 JANUARY 12, 2017 The Following Taxi Operator License: Rafael Moya, 5A Ropes St. Salem Hipolito Ozoria, 10 Porter St., Salem Guillermo Javier, 32 Rainbow Terr., Salem Alejandro Fernandez, 4D Stevens St., Peabody Rafael Paulino, 50 Warren St., Peabody Juan Nunez, 11 Mason St., Salem Eladio Pena, 38 Peabody St., Salem Hector J. Pena, 47 Estes St., Lynn Bob Ruest, 6 Dustin St., Peabody David A. Beauchamps, 35 Clement Ave., Peabody Mateo Calderon, 6 Grant St., Beverly Andrew Gerard Smith, 6 Monroe St., Salem Jose A. Lopez, 16 Mason St., Salem Oscar R. Gutierrez Ramirez, 34 Prince St. #8, Salem Ramon Espinal Jr., 12 Mt. Vernon St. #2, Salem Action Contemplated Counicllor Ryan Moved Granted Voted The Following Taxi Operator License: Juan Reynoso, 64 Palmer St., Salem Action Contemplated Counicllor Ryan Moved Denied Voted PETITIONS  18 JANUARY 12, 2017 Request from Juan Reynoso to hold a hearing on the denial of his Taxi Operator License Action Contemplated Councillor Ryan Refer to the Comm. on Ord., Lic. & Legal Voted Affairs to hold an Executive Session The Following License Applications: SEAWORM: Jose Machado, 138 Lynnfield St., Peabody Tomohiro Shiraishi, 58 Everett St., Boston Michael Sanchez, 31 Preston St., Wakefield SECOND HAND Modern Millie, 3 Central St., Salem CLOTHING: Re-Find, 244 Essex St., Salem Re-Find, 72 Washington St., Salem SECOND HAND Once & Again, 45 Bridge St., Salem VALUABLE: Game Zone, 270 Essex St., Salem RJ Coins and Jewelry, 68 Wharf St., Salem Witch City Consignment, 301 Essex St., Salem TAG DAYS: S.H.S. Percussion Ensemble & Winter Guard, 2/18/17 S.H.S. Concert Band & Wind Ensemble, 5/6/17 Salem Little League, 5/20/17, 6/10/17 & 7/8/17 Action Contemplated Councillor Ryan Refer to Comm. on Ord., Lic. & Voted Legal Affairs PETITIONS  19 JANUARY 12, 2017 The Following Drainlayer/Contractor Operator Licenses: Atlantic Paving, 119R Foster St., Peabody Bartlett and Steadman, R67 Village St., Marblehead Cahill Development, 9 Shortell Ave., Beverly Caruso & McGovern Construction, 1 Industrial Way, Georgetown Caruso Corp, 320 Charger St., Revere Dayco, 410 Loring Ave., Salem Deiulis Bros. Construction, 31 Collins St. Terr., Lynn Geologic Earth Exploration, 7 Sherwood Dr., Norfolk J. Masterson Construction, 46 Prince St., Danvers J.J. O’Brien & Sons, 5 Fern St., Waltham J.H. Lynch & Sons, Inc., 50 Lynch Place, Cumberland, RI James W. Flett Co., 800 Pleasant St., Belmont Meninno Construction, 76 Oakville St., Lynn N. Granese & Sons, 59 Jefferson Ave., Salem New England Electrical Contracting, 21 Marion Dr., Kingston Peterson Construction, 210 Broadway, Lynn Phoenix Communications, 25 Bowditch Dr., Shrewsbury P.V. Barone Corp., 18 Central St., Winthrop Pumel Enterprises, 116 Rabbit Rd., Salisbury R.B. Strong Excavating, 122 Western Ave., Gloucester Rooter-Man, 13 Littles Ln., Peabody Spencer Contracting, 23 Upton St., Peabody TDS, Inc. 2 Peter Dr., Sterling Village Construction, 57 Wharf St., Salem W.L. French Excavating, 3 Survey Circle, N. Billerica Action Contemplated Counicllor Ryan Moved Granted Voted PETITIONS  20 JANUARY 12, 2017 The Following Claims: Ernest Belleau, 49R Essex St., Salem Chad Hynes, 214 Derby St., Salem Diane White, 505 Boston St., Lynn Bradley Duhaime, 28 Nichols St., Salem Richard Reeves, 23 Dunlap St., Salem Sophia Smith, 206 North St., Salem Austin Sweazy, 141 Loring Ave., Salem Dennis Ross, 2 Woodside St., Salem Danielle Leonard, 22 Sable Rd., Salem Mary Forte, 119 Atlantic Ave., Marblehead SUBROGATED Progessive Direct Insurance (for Robert Drummey), 24344 Network Place, Chicago, IL 60673-1243 Action Contemplated Councillor Ryan Refer to Comm. on Ord., Lic. & Voted Legal Affairs The Following Bonds: DRAINLAYER: Bartlett and Steadman, R67 Village St., Marblehead Dayco, 410 Loring Ave., Salem J.J. O’Brien & Sons, 5 Fern St., Waltham SIGN: Action Contemplated Councillor Ryan Refer to Comm. on Ord., Lic. & Voted Legal Affairs & Returned Approved UNFINISHED BUSINESS  21 JANUARY 12, 2017 Councillor Gerard SECOND PASSAGE BOND ORDER for the sum of One Million, Four Hundred Thousand Dollars for the taking by eminent domain 289 Derby Street. Action Contemplated Councillor Gerard Moved Adoption for second and final passage By roll call vote YEAS NAYS ABSENT ______________________________________________________________________________ Councillor Sargent SECOND PASSAGE ORDINANCE amending Traffic Ch. 42, Sec. 50B “Handicap Parking Limited Time” Mt. Vernon Street Action Contemplated Councillor Sargent Moved Adoption for second and final passage Voted ______________________________________________________________________________ Councillor McCarthy SECOND PASSAGE ORDINANCE amending Traffic Ch. 42, Sec. 50B “Handicap Parking Limited Time” Becket Street Action Contemplated Councillor McCarthy Moved Adoption for second and final passage Voted ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.