City Council

City of Salem, Massachusetts Office of the City Clerk Cheryl A. LaPointe City Clerk Page 1 February 7, 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, February 9, 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 FEBRUARY 9, 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, February 9, 2017 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 7, 2017 at 10:52 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 FEBRUARY 9, 2017 HEARINGS Continued from the last meeting: ORDERED: National Grid to relocate two poles at #401-405 Bridge St. IN FAVOR: OPPOSED: Councillor Famico Moved Hearing Closed Voted Action Contemplated Councillor Famico Moved Granted Voted  4 FEBRUARY 9, 2017 APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting, 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 Action Contemplated Councillor Gerard Moved Confirmation by RCV Yeas Nays Abs Mayor’s appt. of Raymond Swartz, 30 Ocean Ave., to serve as a member of the Bicycle Advisory Committee with a term to expire on February 9, 2020 C. Suspension of the Rules C. Objection Action Contemplated Councillor Turiel Held under the Rules Voted The Mayor’s reappointment of the following department heads with their terms to expire on Name Position Term to Expire Sarah Stanton Finance Director/Auditor January 31, 2020 Whitney Haskell Purchasing Agent January 31, 2019 Action Contemplated Councillor Gerard Moved Confirmation by RCV Yeas Nays Abs  5 FEBRUARY 9, 2017 APPOINTMENTS AND REAPPOINTMENTS Mayor’s appointment of Sobeida Javier to serve as a Constable with a term to expire on January 30, 2018 Action Contemplated Councillor Ryan Moved Received & Filed Voted  6 FEBRUARY 9, 2017 COMMUNICATIONS FROM THE MAYOR Appropriation of $51,590.00 from “Fund Balance – Free Cash” account to the “Police – Medical – Active” account Councillor suspension of rules Councillor object Action Contemplated Councillor Gerard Moved Adoption Voted Appropriation of $43,908.62 from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account for FY 2017 contractual for buyback listed below: Scott Hebert Fire Dept. $43,908.62 Councillor suspension of rules Councillor object Action Contemplated Councillor Gerard Moved Adoption Voted ORDER: to accept the donation of $1,050.00 from Notch Brewery to the Salem No Place for Hate revolving account. Action Contemplated Councillor Gerard Moved Adoption Voted  7 FEBRUARY 9, 2017 COMMUNICATIONS FROM THE MAYOR ORDER: authorize the Mayor to execute on behalf of the City of Salem, a Community Benefit Agreement with the North Shore Medical Center to provide certain benefits to the City to assist with addressing the impacts associated with the expansion of the existing health care complex. Action Contemplated Councillor Ryan Moved Adoption Voted Or Refer to the Comm. on Ordinances, Licenses & Legal Affairs ______________________________________________________________________________ ORDINANCE: amending Chapter 2 – Administration, by adding the following new Article: Article XVII – City Services Relative to Immigration Status; Inclusionary Advisory Committee (the full text of the ordinance can be provided by the City Clerk’s office during normal business hours) Action Contemplated Councillor Eppley Moved Adoption for first passage Or Voted Ref. to the Comm. on Ordinances, Licenses & Legal Affairs co-posted With Comm. of the Whole  8 FEBRUARY 9, 2017 MAYOR’S INFORMATIONAL PAGE NONE  9 FEBRUARY 9, 2017 MOTIONS, ORDERS, AND RESOLUTIONS Councillor McCarthy ORDINANCE: amending Traffic Ch. 42, Sec. 49, “Obedience to Isolated Stop Sign” Columbus Square, southerly bound traffic stop at Winter Island Road. “Stop Sign” Action Contemplated Councillor McCarthy Moved Adoption for first passage Voted ______________________________________________________________________________ Councillor Sargent ORDINANCE: amending Traffic Ch. 42, Sec. 49, “Obedience to Isolated Stop Sign” Holyoke Square, southerly bound traffic stop at Winter Island Road. “Stop Sign” Action Contemplated Councillor Sargent Moved Adoption for first passage Voted ______________________________________________________________________________ Councillor McCarthy ORDER: That the City Solicitor, Director of Planning and Community Development and the Zoning Enforcement Officer shall review current issues related to the establishment of recreational Marijuana outlets in the City of Salem and shall provide information and/or recommended actions to the City Council. Be it further Ordered, that this matter be referred to the Committee on Public Health, Safety and Environment to review and discuss the information and/or recommendations made by the City Solicitor, Director of Planning and Community Development and the Zoning Enforcement Officer and to forward to the full Council a final recommendation relative to this matter. Action Contemplated Councillor McCarthy Moved Adoption Voted  10 FEBRUARY 9, 2017 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Lovely ORDINANCE: amending Traffic, Ch. 42, Sec. 55B – Prohibited from parking – Residential districts or in front of residential housing or apartments or entrance corridor overlay districts – Commercial Vehicles. Commercial Vehicles Prohibited from parking in residential districts: exception, penalty. (f) Commercial vehicles parked directly in front of legal “nonconforming” business, located in any “R” (residential) district within the City shall be exempted from the provisions of this Ordinance if the commercial vehicle is registered to that particular address of the legal “nonconforming” business. Action Contemplated Councillor Lovely Moved Adoption for first passage Voted ______________________________________________________________________________  11 FEBRUARY 9, 2017 COMMITTEE REPORTS 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 TAG DAYS: Nathaniel Bowditch School, Girl’s & Boy’s Basketball, 3/5/17 DAV #84, May 19, 21, 22, 2017 and November 23-25, 2017 VFW, May 26-29, 2017 & November 9-12, 2017 Salem VET Council, July 1-4. 2-17 Accept the Report Voted Adopt the Recommendation Voted Councillor Ryan 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 an Ordinance to Amend an Ordinance relative to Solid Waste Management has considered said matter and would recommend (originally to remain in committee; next scheduled meeting action unknown meeting took place after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor Ryan offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Junk Dealer License Application submitted by Newark Recycled Fibers/North Shore Recycling has considered said matter and would recommend (action unknown meeting took place after agenda deadline Accept the Report Voted Adopt the Recommendation Voted  12 FEBRUARY 9, 2017 COMMITTEE REPORTS Councillor Ryan offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Junk Dealer License Application submitted by Excel has considered said matter and would recommend (action unknown meeting took place after agenda deadline 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 $250,000.00 from “Capital Outlay – Renovation & Repair” Account to be expended for design phase for the Essex Street Roadway Improvement Project by the Engineering Department has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted  13 FEBRUARY 9, 2017 COMMUNICATIONS FROM CITY OFFICIALS City Solicitor submitting a Home Rule Petition for one additional liquor license for the sale of wine and malt beverages not to be drunk on the premises at Castle Hill Minimart located at 280 Jefferson Avenue in accordance with the recommendation by City Council’s Order adopted January 26, 2017. Action contemplated Councillor Lovely Moved Adoption Voted ______________________________________________________________________________  14 FEBRUARY 9, 2017 PETITIONS The Following License Applications: PUBLIC GUIDES: Giovanni Alabiso, 2 Buxton St., Peabody Robert Gautreau, 34 Pine St., Methuen Nicholas Pierce, 16 Garland St., Lynn Cynthia Haigh, 4 Brackett St., Milton PJ Maguire, 102 Shanley Dr. Attleboro Tammy Harrington, 21 Chase St., Beverly TAXI CABS: Witch City Taxi, 32B Palmer St., Salem (8 Cabs) Salem Taxi Company, 30 Church St., Salem (15 Cabs) TAXI OPERATORS: Alberto Guerrero, 10 First St., Salem Jose Munoz, 16 Cherry St., Salem Miguel Pimentel, 16 March St., Salem Alejandro Pena, 32 Washington St., Peabody Johnny Fabian, 52 Ward St., Salem Cristhian Tejada, 225 Chelsea St., Boston Cirilo Brache, 57 Harbor St., Salem Antonio Fernandez, 230 Jefferson Ave., Salem Jose Fabian, 32B Palmer St., Salem Ruddy DeJesus, 13 Center St., Peabody Domingo Piccirillo, 12 Pope St., Salem Action Contemplated Councillor Ryan Moved Granted Voted  15 FEBRUARY 9, 2017 PETITIONS The Following License Applications: TAXI OPERATORS: Edwin Gonzalez, 16 March St., Salem Leonardo Reyes, 20 Ropes St. Salem Action Contemplated Councillor Ryan Moved Denied Voted A hearing request from Edwin Gonzalez and Leonardo Reyes on the denial of their taxi operator license Action Contemplated Councillor Ryan Moved Refer to Comm. on Ord., Voted Lic. & Legal Affairs to hold an Executive Session The Following License Applications: TAG DAYS: S.H.S. Boy’s Lacrosse, 4/1/17, 4/29/17 & 5/7/17 Action Contemplated Councillor Ryan Refer to Comm. on Ord., Lic. & Voted Legal Affairs  16 FEBRUARY 9, 2017 PETITIONS The Following Drainlayer/Contractor Operator Licenses: P.A. Fiore Construction, 183 Hart St., Beverly Action Contemplated Counicllor Ryan Moved Granted Voted The Following Claims: Rey Maysonet, 3 Nursery St., Salem Michael & Nancy LaPointe, 6 Woodside St., Salem Raisha Price, 73 Harbor St., Salem Action Contemplated Councillor Ryan Refer to Comm. on Ord., Lic. & Voted Legal Affairs The Following Bonds: CONSTABLE: Sobeida Javier, 18 Wilmot St., Lawrence SIGNS: Honey Dew Donuts, 99 Washington St., Salem Smoking Bette BBQ, 94 Lafayette St., Salem Action Contemplated Councillor Ryan Refer to Comm. on Ord., Lic. & Voted Legal Affairs & Returned Approved  17 FEBRUARY 9, 2017 UNFINISHED BUSINESS SECOND PASSAGE ORDINANCE: amending Traffic Ch. 42, Sec. 50B Handicap Parking Limited Time, Mason Street in front of #107, for a distance of twenty (20) feet, Handicap Parking Tow Zone. Action Contemplated Councillor Gerard Moved Adoption for second & final passage Voted ______________________________________________________________________________ SECOND PASSAGE ORDINANCE: amending Traffic Ch. 42, Sec. 50B Handicap Parking Limited Time, Repeal Langdon Street in front of #3, for a distance of twenty (20) feet, Handicap Parking Tow Zone. (5/28/2009) Action Contemplated Councillor Eppley Moved Adoption for second & final passage Voted ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.