City Council

City of Salem, Massachusetts Office of the City Clerk Cheryl A. LaPointe City Clerk Page 1 June 20, 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, June 22, 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 JUNE 22, 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, June 22, 2017 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 20, 2017 at 10:59 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 JUNE 22, 2017 HEARINGS ORDERED: Mobilitie for a grant of location to install a wireless antenna and related equipment onto an existing pole on Loring Avenue at Raymond Road APPEARING IN FAVOR: APPEARING OPPOSED: Councillor Dibble Moved that the Hearing be closed Councillor Dibble Moved Voted  4 JUNE 22, 2017 HEARINGS ORDERED: Lightower to install conduits for a building located at 76 Lafayette St. APPEARING IN FAVOR: APPEARING OPPOSED: Councillor Turiel Moved that the Hearing be closed Councillor Turiel Moved Voted  5 JUNE 22, 2017 APPOINTMENTS AND REAPPOINTMENTS NONE  6 JUNE 22, 2017 COMMUNICATIONS FROM THE MAYOR ORDER: per MGL Chapter 44, Section 64 authorize to pay for prior fiscal year invoices using current fiscal year appropriations in the amount of $13,580.56 for the Police Department to the North Shore Medical Center to pay for unanticipated medical expenses. Councillor suspension of the rules Councillor object Action Contemplated Councillor Gerard Moved Adoption by roll call vote (requires a 2/3 vote) Voted Or Ref. to Comm. on Administration & Finance ______________________________________________________________________________ Transfer of the sum of $12,500.00 within the Treasurer’s Department as listed below: Debt-Prof. Services to Credit Card Fees $12,500.00 Action Contemplated Councillor Gerard Moved Adoption Voted Or Ref. to Comm. on Administration & Finance Appropriation of $1,561.43 from the “Retirement Stabilization Fund – Vacation /Sick Leave Buyback” account for Robert Harvey of the DPW Councillor suspension of the rules Councillor object Action Contemplated Councillor Gerard Moved Adoption Voted Or Ref. to Comm. on Administration & Finance  7 JUNE 22, 2017 COMMUNICATIONS FROM THE MAYOR ORDER: to accept donations from the following: From To Amount Francis Mahoney Recreation Donation Fund $1,400.00 Michael Petropoulos Recreation Donation Fund $1,950.00 Total $3,350.00 Action Contemplated Councillor Gerard Moved Adoption Voted ORDER: to accept a donation from the following: From To Amount Thread & Needle Society Council on Aging Donation Fund $1,000.00 Action Contemplated Councillor Gerard Moved Adoption Voted ORDER: Authorize submission of City of Salem’s Application for Federal Assistance Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) Funds for the period of July 1, 2017 through June 30, 2018 Action Contemplated Councillor Gerard Moved Adoption Voted  8 JUNE 22, 2017 COMMUNICATIONS FROM THE MAYOR ORDER: to close Pope Street from Proctor Street to Boston Street on Wednesday, July 19, 2017 from 9:00 AM to 2:00 PM for the dedication ceremony of Proctor’s Ledge Memorial. Councillor Eppley Moved Adoption Voted ______________________________________________________________________________  9 JUNE 22, 2017 MAYOR’S INFORMATIONAL PAGE NONE  10 JUNE 22, 2017 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Eppley ORDER: Beginning immediately, all regular pruning, maintenance, and/or removal of street trees by utility companies and/or their agents within the City of Salem shall cease. These activities shall not commence until the earliest of the following: the City Tree Warden issues a reinstatement order; the City Council enters a subsequent Order; or September 14, 2017. Notwithstanding the above, in an emergency situation threatening public safety the city tree warden may lift this order. And that this matter be referred to the Committee on Public Health, Safety & Environment co- posted with the Committee of the Whole. Action Contemplated Councillor Eppley Moved Adoption Voted Councillor Gerard ORDER: that the Monthly Financial Report dated May 31, 2017 be referred to the Committee on Administration and Finance. Action Contemplated Councillor Gerard Moved Adoption Voted Councillor Gerard ORDINANCE: amending Traffic Ch. 42, Sec. 50B – Handicap Parking Limited Time, Repeal Devereaux St. in front of #2 for a distance of 20 feet, Handicap Parking, Tow Zone. (12-12-16) Action Contemplated Councillor Gerard Moved Adoption for first passage Voted  11 JUNE 22, 2017 MOTIONS, ORDERS, AND RESOLUTIONS Councillor Lovely ORDINANCE: amending Traffic Ch. 42, Sec. 74 – “General Prohibition, Towing Zones”, Jefferson Avenue westerly side starting at Willson Street and continuing in a northerly direction for 54 feet, No Parking, Tow Zone Action Contemplated Councillor Lovely Moved Adoption for first passage Voted Councillor McCarthy ORDINANCE: amending Traffic Ch. 42, Sec. 75 – “Parking Prohibition, Towing Zones”, Hawthorne Blvd. Zone A, color blue, easterly side, from Essex St. to Charter St., 2 hour non- resident limit weekdays between the hours of 9:00 AM and 5:00 PM. “Resident Sticker Parking, Tow Zone” Action Contemplated Councillor McCarthy Moved Adoption for first passage Voted  12 JUNE 22, 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 license TAG DAY: Salem Witches Softball, 7/9/17 &7/15/17 S.H.S. Girls Basketball, 12/2/17, 12/16/17 & 1/6/18 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 Amending an Ordinance relative to Ch. 40, Public Guides, for new prohibited conduct following Section 40.30 (6) 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 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 discussing an Ordinance Amending Ch. 24, Section 24-19.5 Public Consumption of Marijuana or Tetrahydrocannibol has considered said matter and would recommend (action unknown meeting took place after the agenda deadline) Accept the Report Voted Adopt the Recommendation Voted  13 JUNE 22, 2017 COMMITTEE REPORTS 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 a $644,500 appropriation within the CPA Funds for the FY18 Projects recommended by the CPA committee has considered said matter and would recommend approval by a roll call vote for the following projects: Nathaniel Hawthorne Statue Restoration - $45,000; Charter St. Cemetery Restoration - $260,000; Turner-Ingersoll Mansion Roof Replace - $42,500; Brennan Memorial Skate Park Renovation - $75,000; Palmer Cove Assessment and Concept - $27,000; Saltonstall School Playground - $95,000 and Lafayette Park Renovation - $100,000 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 reviewing MGL Ch. 32, Sec. 90C & 90D relative to Retirement Systems and Pensions 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 Dibble offered the following report for the Committee on Community & Economic Development co-posted with the Committee of the Whole to whom was referred the matter of discussing provisions for accessory apartments has considered said matter and would recommend that this matter remain in committee to hold a Community & Economic Development Public Hearing after the Solicitor drafts an Ordinance regarding this subject matter Accept the Report Voted Adopt the Recommendation Voted  14 JUNE 22, 2017 COMMUNICATIONS FROM CITY OFFICIALS The following Order submitted by the City Solicitor ORDER: per MGL Chapter 268A, Section 20(b) City Council to approve the exemption of Mass. Conflict of Interest Law for John Jacob Fraczek to serve as a Reserve Police Officer. Councillor Ryan Moved Approval Voted ______________________________________________________________________________ Communication from the Planning Board with their recommendation of denial of the proposed Zoning Ordinance amendment to Section 7.3.6. Councillor Ryan Moved receive & file Voted Communication from the Planning Board with their recommendation of approval to amending the Zoning Map be rezoning the following properties from Business Neighborhood (B-1) to Residential Two-Family (R-2): 15 Green Street Map 33, Lot 567 72 Leach Street Map 33, Lot 566 76 Leach Street Map 33, Lot 565 80 Leach Street Map 33, Lot 564 2 Glover Street Map 33, Lot 563 4 Glover Street Map 33, Lot 562 6 Glover Street Map 33, Lot 561 Councillor Ryan Moved receive & file Voted Councillor Ryan Moved Adoption for First Passage by roll call vote YEAS, NAYS, ABSENT  15 JUNE 22, 2017 COMMUNICATIONS FROM CITY OFFICIALS Communication from the Planning Board with their recommendations to amend the proposed Zoning Ordinance for Section 9.5.2 Applicability, Section 9.5.3 Application and Section 9.5.6 Review Criteria 9.5.2 Applicability: • 9.5.2(2) Residential structure containing one (1) or more residential dwelling units. The Planning Board voted unanimously (6-0) to recommend the proposed change be denied. o There was consensus among the Board that reducing the threshold to one (1) residential unit would be overreach. The Board discussed whether less than 6 made sense but could not find a compelling reason to vary from the existing threshold. • 9.5.2(3) Salem Redevelopment Authority Development Project Reviews. The Planning Board voted unanimously (6-0) to recommend the proposed change be denied. o “Salem Redevelopment Authority Development Project Reviews” is not defined. In addition, projects within the urban renewal area that meet the threshold for a Site Plan Review are already subject to site plan review. The Salem Redevelopment Authority is capable of reviewing smaller projects that do not meet the threshold for a Site Plan Review. • 9.5.2(4) Planned Unit Developments. The Planning Board voted unanimously (6-0) to recommend the proposed change be denied. o Planned Unit Developments are already subject to site plan review. 9.5.3 Application • 9.5.3(2) (Location and dimensions of all parking areas…). The Planning Board voted unanimously (6-0) to recommend the proposed change be approved. o The Board noted that it makes since to include this in the ordinance since it is information they typically ask the applicant to provide. • 9.5.3(4) (Location, function, photometric intensity…). The Planning Board voted unanimously (6-0) to recommend the proposed change be approved. o The Board noted that it makes since to include this in the ordinance since it is information they typically ask the applicant to provide. • 9.5.3(5) (Location, type, dimensions and quantities of landscaping…). The Planning Board voted unanimously (6-0) to recommend the proposed change be approved as amended herein: - Location, type, dimensions and quantities of landscaping and screening including retaining walls and fences; • 9.5.3(6) (Current and proposed locations and dimensions of utilities...). The Planning Board voted unanimously (6-0) to recommend the proposed change be approved as amended herein: - Current and proposed locations, dimensions, and screening of utilities including: water, storm water, sewer, drainage, drain inlets, drainage tanks, back flow preventors, manholes, hydrants, gas, electrical, telephone, wireless communication facilities, HVAC-related mechanicals, transformers, switchgears, generators, intake and exhaust features including: ventilation, stacks, fans, louvers, steam, and recycling and other waste disposal locations;  16 JUNE 22, 2017 COMMUNICATIONS FROM CITY OFFICIALS • 9.5.3(7) (Location and dimensions of snow…). The Planning Board voted unanimously (6-0) to recommend the proposed change be approved. o The Board noted that it makes since to include this in the ordinance since it is information they typically ask the applicant to provide. • 9.5.3(8) (Location of all existing natural features…). The Planning Board voted unanimously (6-0) to recommend the proposed change be approved as amended herein: - Location of all existing natural features, including ponds, brooks, streams, wetlands, street trees, and existing vegetation up to the curb line; • 9.5.3(9) (Topography of the site…). The Planning Board voted (5-1) to recommend the proposed change be approved. o The majority of the Board concurred that many plans are already submitted with one (1) foot contour lines, and that there is not an additional cost to create plans with one (1) foot contours. This was not unanimous. The Chair recommended that this change be denied, for the reason that requiring that level of detail is not necessary for every site plan review, and noted that the board should ask for this further detail on a case by case basis. 9.5.6 Review Criteria • 9.5.3(3) (Adequacy of traffic circulation for all modes of transit, consistent with Salem’s Complete Streets policy). The Planning Board voted unanimously (6-0) to recommend the “Consistent with Salem’s Complete Streets policy”, be stricken and approve the change as amended herein: - Adequacy of traffic circulation system for all modes of transit. • 9.5.3(8) (Adequacy of the methods and storage dimensions for disposal of sewage, refuse, recycling, and other waste). The Planning Board voted unanimously (6-0) to recommend the proposed change be approved. • 9.5.3(11) (Adequacy of pedestrian circulation…). The Planning Board voted unanimously (6-0) to recommend the proposed change be denied. • 9.5.3(14) (Subsections 2 and 4…). The Planning Board voted unanimously (6-0) to recommend the proposed change be denied. The Planning Board fully supports the Complete Streets Policy. In making the recommendation to deny the language relating to the Complete Streets Policy (Sec. 9.5.3 (3, 11, and 14), the Board considered what makes sense to include in the zoning ordinance regarding the Complete Streets Policy under Section 9.5 for Site Plan Review. As was stated at the joint public hearing, the Traffic and Parking Commission does not have approval authority. The board recognized that the Traffic and Parking Commission is charged with implementing the City’s Complete Streets Policy, which applies to the public rights of way. The purpose of the Complete Streets Policy “is to accommodate all road users by creating a roadway network that meets the needs of individuals utilizing a variety of transportation modes.” The Policy “directs decision- makers to consistently plan, design, construct, and maintain streets to accommodate all anticipated users including, but not limited to pedestrians, bicyclists, motorists, emergency vehicles, and freight and commercial vehicles.” Unless the private development proposal is impacting a public right of way, the Complete Streets Policy does not apply. In addition, other specific policies are not called out in the ordinance. Specifying the Complete Streets Policy would create an internal inconsistency.  17 JUNE 22, 2017 COMMUNICATIONS FROM CITY OFFICIALS Thus, rather than having the Complete Streets Policy referenced in 9.5, the Board plans to modify the Site Plan Review application to note that impacts to the public right of way would be reviewed by the Director of Traffic and Parking for consistency with the Complete Streets Policy. The Director of Traffic and Parking would be required to provide comment with 35 days and may choose to solicit input from the Traffic and Parking Commission. (Note: The Director of Traffic and Parking was involved in discussions to develop this recommendation.) Councillor Ryan Moved receive & file Voted Councillor Ryan Moved Adoption for First Passage by roll call vote YEAS, NAYS, ABSENT  18 JUNE 22, 2017 PETITIONS Held from the last meeting, communication from Salem Wreaths Across America informing the Council of date changes to their Carnival to be held at the Salem Willows, Park and Rec Commission approved new dates), will be held on August 28, 2017 – September 4, 2017 (dates include setting up and breaking down actual carnival dates 8/30-9/3) from Noon – 10:00 P.M. (Original dates granted June 28 – July 2 at the Salem Willow form 9:00 A.M. to 10:00 P.M.) Action Contemplated Councillor McCarthy Moved Voted Request from the Residents of Salem Street to hold a block party on July 1, 2017 from 7:00 A.M. to 10:00 P.M. with a rain date of July 2, 2017 Action Contemplated Councillor Turiel Moved Voted Request from the Residents of Federal Street to hold a block party (at the intersection of Andover and Beckford St.) on July 9, 2017 from 4:00 P.M. to 8:00 P.M. with a rain date of July 16, 2017 Action Contemplated Councillor Famico Moved Voted  19 JUNE 22, 2017 PETITIONS Request from the Residents of Cedarcrest Ave. to hold a block party on July 29, 2017 from 2:00 P.M. to 10:00 P.M. with a rain date of July 30, 2017 Action Contemplated Councillor Dibble Moved Voted Request from the Residents of Buffum St. (between Mason St. and Randall St.) to hold a block party on August 12, 2017 from 1:00 P.M. to 9:00 P.M. with a rain date of August 19, 2017 Action Contemplated Councillor Dibble Moved Voted Request from Park & Rec. to hold their annual road race (Derby Mile) and use of city streets on August 25, 2017 at 7:00 P.M. Action Contemplated Councillor Ryan Moved Voted  20 JUNE 22, 2017 PETITIONS Request from Dan Shuman of Salem Cycle to hold a bike race, The Witches Cup and use of city streets on August 9, 2017 at 4:00 P.M. and to have and sell beer on the Salem Common Action Contemplated Councillor Famico Moved Voted The Following License Applications: LIMOUSINE: Salem Taxi, 30 Church St. #204, Salem (1 Limo) PUBLIC GUIDES: JeanMarie LaPointe, 97 Spring View Dr., Lynn Marc Ewart, 10 Gifford Ct., Salem Kathleen Gannon, 21 State St., Marblehead Ryan Travis, 5 Curtis St., Salem Ashley Rogers, 231 Lafayette St., Salem Amanda Rivera-Dixey, 2 Ober St., Salem TAXI OPERATORS: Rafael Pena, 14 Cherry St., Salem Pedro Sanchez, 3 Harbor St., Salem Action Contemplated Councillor Ryan Moved Granted Voted  21 JUNE 22, 2017 PETITIONS The Following License Applications: TAG DAY: Salem/Swampscott Youth Hockey, 9/2/17 S.H.S. Basketball, 12/9/17, 12/16/17, 1/13/18 & 1/27/18 Action Contemplated Councillor Ryan Refer to Comm. on Ord., Lic. & Voted Legal Affairs The Following Drainlayers/Contract Operator License Application: Manter Co. Inc., 20 Popes Lane, Danvers Suffolk Engineering Inc., 104 Pine St., Waltham Action Contemplated Councillor Ryan Granted Voted The Following Claims: Cherylann Healey, 11 Creesy St., Marblehead Action Contemplated Councillor Ryan Refer to Comm. on Ord., Lic. & Voted Legal Affairs  22 JUNE 22, 2017 PETITIONS The Following Bonds: DRAINLAYER: Manter Co. Inc., 20 Popes Lane, Danvers Suffolk Engineering Inc., 104 Pine St., Waltham Action Contemplated Councillor Ryan Refer to Comm. on Ord., Lic. & Voted Legal Affairs & Returned Approved  23 JUNE 22, 2017 UNFINISHED BUSINESS SECOND PASSAGE Ordinance amending Traffic Ch. 42 Sec. 50B – Handicap Parking Limited Time, Nursery Street. Action Contemplated Councillor Gerard Moved second & final passage Voted. SECOND PASSAGE of a Bond Order for Fiscal Year 2018 General Fund Capital Improvement Program for the following sums: 1) FY18 CIP – funded from Bond Premium $510,388.00 2) FY18 CIP – funded from Capital Leases $503,600.00 3) FY18 CIP – funded from Bond Authorization $3,842,460.00 Action Contemplated Councillor Gerard Moved for second & final passage by roll call vote YEAS NAYS ABSENT  24 JUNE 22, 2017 UNFINISHED BUSINESS SECOND PASSAGE of a Bond Order for Fiscal Year 2018 Water and Sewer Capital Improvement Program for the following sums: FY18 CIP – Funded from Bond Premium for the sum of $651,799.00 FY18 CIP – Funded from Bond Authorization for the sum of $500,000.00 Action Contemplated Councillor Gerard Moved for second & final passage by roll call vote YEAS NAYS ABSENT On the motion of Councillor the meeting adjourned at P.M.