City Council

301 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL “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, October 26, 2017 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 24, 2017 at 9:32 A.M. This meeting is being taped and is live on S.A.T.V. All Councillors were present: Council President Milo presided. Councillor Sargent moved to dispense with the reading of the record of the previous meeting. It was so voted. President Milo requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY 1. Polly Wilbert – 7 Cedar Street – Brown Street one way and Health Insurance Act 2. Michael Coleman – 12 Brown Street – Brown Street one way 3. Fawaz Abusharkh – 4 Harrison Road – Harrison Road Traffic Ordinance (#590) – APPOINTMENT OIF SARAH STANTON TO THE LICENSING BOARD Held from the last meeting, Mayor’s appointment of Sarah Stanton to serve as a member of the Licensing Board with the term to expire on December 3, 2021 was confirmed by unanimous roll call vote of 11 yeas, 0 nays 0 absent. Councillors Turiel, Sargent, Ryan, McCarthy, Lovely, Gerard, Furey, Famico, Eppley, Dibble and Milo were recorded as voting in the affirmative. 302 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL #614 – APPROPRIATION TO “FIRE DEPARTMENT ACCOUNTS” The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of One Hundred and Seventy-Eight Thousand Five Hundred and Twenty-Nine Dollars ($178,529.00) is hereby appropriated from the “Stabilization Fund” to the accounts listed below to cover FY 2018 Fire Department contractual increases in accordance with the recommendation of Her Honor the Mayor. Full Time Salaries 131,912.00 Overtime 20,677.00 EMT 600.00 Holiday 9,022.00 Out of Grade 5,000.00 Nights 7,718.00 Specialty 3,600.00 #615 – ACCEPT DONATION FROM SALEM HARBOR STATE TO THE PARK AND RECREATION DONATION FUND The following Order recommended by the Mayor was adopted. ORDERED: To accept the donation in the amount of $3,000.00 from the Salem Harbor Station to be deposited into the Park and Recreation Donation Fund. In accordance with the recommendation of Her Honor the Mayor. #616 - MAYOR’S REQUEST TO ADDRESS THE CITY COUNCIL Mayor requesting to address the City Council with the Police Chief to give an update on public safety planning for Halloween was received and placed on file. Councillor Famico moved for suspension of the rules to allow the Mayor and Chief of Police to speak. There was no objection.  303 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL #617 – MAYOR’S INFORMATION RELATIVE TO A PAPER STREET KNOWN AS BEMIS STREET Mayor discussing an unconstructed paper street, known as Bemis Street that runs perpendicular to Hanson Street and abuts upper Gallows Hill Park and the neighbor’s concerns of the loss of greenspace if the lot is developed. The communication was received and placed on file. #618 – ORDINANCE TRAFFIC TOW ZONE, REPEAL HARRSION ROAD Councillor Dibble introduced the following Ordinance which was adopted for first passage. In the year two thousand and seventeen An Ordinance to amend an Ordinance relative to traffic Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 42 Section 74, General Prohibition Towing Zones, Repeal Harrison Road, both sides 8:00 AM to 8:00 PM, Monday through Friday. (5/6/82 DPW 5-2124) And replace with the following: Harrison Road, northerly side, No Parking Tow Zone, 8:00 AM to 6:00 PM, Monday through Friday. And Harrison Road, southerly side, in its entirety, No Parking Tow Zone. Section 2. This Ordinance shall take effect as provided by City Charter. #619 – ORDINANCE TRAFFIC RESIDENT STICKER PARKING, HARRISON ROAD Councillor Dibble introduced the following Ordinance which was adopted for first passage. In the year two thousand and seventeen An Ordinance to amend an Ordinance relative to traffic 304 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 42 Section 75, Parking Prohibitions Towing Zone, (Resident Sticker Parking) Harrison Road, Zone B, Color Red, northerly side resident sticker parking only 6:00 P.M. to 8:00 A.M., Monday through Friday, resident only Saturday and Sunday. Also residents of 238 Loring Avenue to 258 Loring Avenue to be eligible for resident only parking stickers for Zone B, Color Red. Section 2. This Ordinance shall take effect as provided by City Charter. #620 – ORDINANCE TRAFFIC, HANDICAP PARKING CHANDLOER ROAD Councillor Dibble introduced the following Ordinance which was adopted for first passage. In the year two thousand and seventeen An Ordinance to amend an Ordinance relative to traffic Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 42 Section 50B, Handicap Parking Limited Time, Chandler Road, in front of #26 Chandler Road, for a distance of 20 feet, Handicap Parking Tow Zone. Section 2. This Ordinance shall take effect as provided by City Charter. Councillor Furey assumed the Chair.  305 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL #621 – ORDINANCE AMENDING SENIOR CITIZEN TAX WORK OFF PROGRAM Councillor Milo introduced the following Ordinance. Ordinance was further amended by increasing the number to In the year two thousand and seventeen An Ordinance to amend an Ordinance relative to the Senior Citizen Tax Work Off Program Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 2 – Section 2-2052. Program Guidelines (c) In each fiscal year, no more than 30 individuals shall be allowed to participate in this program. Section (c) shall be amended by deleting 30 individuals and replace with 40 individuals. Councillor Eppley amended the number of individuals to 60. It was so voted. The Ordinance was adopted for first passage as amended. In the year two thousand and seventeen An Ordinance to amend an Ordinance relative to the Senior Citizen Tax Work Off Program Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 2 – Section 2-2052. Program Guidelines (c) In each fiscal year, no more than 30 individuals shall be allowed to participate in this program. Section (c) shall be amended by deleting 30 individuals and replace with 60 individuals Section 2. This Ordinance shall take effect as provided by City Charter. 306 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL Councillor Milo resumed the Chair #622 – ORDINANCE TRAFFIC, HANDICAP PARKING REPEAL LAUREL STREET Councillor Turiel introduced the following Ordinance which was adopted for first passage. In the year two thousand and seventeen An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 42, Section 50B, Handicap Parking Limited Time, Repeal Laurel Street, in front of #21 Laurel Street, for a distance of 20 feet, Handicap Parking Tow Zone. (5/13/2013) Section 2. This Ordinance shall take effect as provided by City Charter. #623 – ORDINANCE TRAFFIC, HANDICAP PARKING, HATHORNE STREET Councillor Lovely introduced the following Ordinance which was adopted for first passage. In the year two thousand and seventeen An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 42, Section 50B, Handicap Parking Limited Time, Hathorne Street, in front of #72 Hathorne Street, for a distance of 20 feet, Handicap Parking Tow Zone. Section 2. This Ordinance shall take effect as provided by City Charter.  307 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL #624 – ORDINANCE TRAFFIC, HANDICAP PARKING REPEAL UPHAM STREET Councillor Gerard introduced the following Ordinance which was adopted for first passage. In the year two thousand and seventeen An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem as follows: Section 1. Chapter 42, Section 50B, Handicap Parking Limited Time, Repeal Upham Street, easterly side starting at a point twenty (20) feet from Dearborn Street and continuing in a southerly direction for twenty (20) feet, Handicap Parking Tow Zone. (10/18/2016) Section 2. This Ordinance shall take effect as provided by City Charter. #625 – MONTHLY FINANCIAL REPORT DATED AUGUST 31, 2017 Councillor Gerard introduced the following Order which was adopted. ORDERED: That the Monthly Financial Report dated August 31, 2017, be referred to the Committee on Administration and Finance. #626 – MONTHLY FINANCIAL REPORT DATED SEPTEMBER 30, 2017 Councillor Gerard introduced the following Order which was adopted. ORDERED: That the Monthly Financial Report dated September 30, 2017, be referred to the Committee on Administration and Finance. 308 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL #627 – YEAR TO DATE BUDGET REPORT Councillor Gerard introduced the following Order which was adopted. ORDERED: That the Year to Date Budget Report dated July, August and September 2017, be referred to the Committee on Administration and Finance. #628 – TEMPORARY RESIDENT PARKING FOR THE MONTH OF OCTOBER Councillor Lovely introduced the following Order which was adopted ORDERED: That the list of Streets approved by City Council on September 14, 2017 for temporary resident parking status from October 1 through October 31, 2017 to allow parking enforcement staff and police officers to enforce during the month of October be amended to include Downing Street. Any businesses located on temporary resident only streets be allowed two (2) passes. And any additional streets determined by Chief of Police. #629 – PARCEL OF REAL ESTATE ADJACENT TO PAPER STREET CALLED BEMIS STREET Councillor Eppley introduced the following Order which was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. ORDERED: That the City Solicitor communicate and negotiate with the present owner(s) of a certain private parcel of real estate located adjacent to a paper road known as Bemis Street. The City Solicitor shall research and prepare any legal documents for the purchase and/or public taking of this parcel for the common use as part of a public park known as Gallows Hill Park located at the top of Hanson Street. The City Solicitor shall report back to the City Council on her progress with same at the next regularly scheduled City Council meeting.  309 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL #630 – RETURN BROWN STREET AS TWO WAY Councillor Sargent introduced the following Order which was withdrawn. ORDERED: That the proper city departments return the section of Brown Street that has been painted as a one-way street in front of the Witch Museum, back to the two-way street in accordance with the current City Ordinance. #631 – NINETY DAY TRIAL ON CURRENT CONFIGURATION ON BROWN STREET Councillor Famico introduced the following Order which due to the late file was referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole. ORDERED: That the current configuration on Brown Street at Washington Square b continued/left in place for a ninety (90) day trial. Councillor Furey assumed the Chair #632 – INVOKE RULE 38 TO TAKE UP MATTER OF A HOME RULE PETITION Councillor Milo introduced the following Order which was withdrawn. ORDERED: That Council Rule 38 – Discharging Matters from Committee, be invoked relative to the matter of a Home Rule Petition regulating certain insurance benefits for elected officials of Salem in the Committee on Administration and Finance co-posted with the Committee of the Whole, which requires a two thirds vote of the City Council by roll call vote. 310 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL #633 – PLASTIC BAG ORDINANCE Councillor Lovely introduced the following Order which was received after the deadline of Tuesday noon and referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs hold a meeting to review the “Plastic Bag Ordinance” prior to the next regular City Council meeting. Said meeting shall be co-posted with the Committee of the Whole. #634 – PARKING AND TRAFFIC SITUATIONS IN WARD SEVEN Councillor Dibble introduced the following Order which was received after the deadline of Tuesday noon and referred to the Committee on Community and Economic Development co- posted with the Committee of the Whole. ORDERED: That the Committee on Community and Economic Development co-posted with the Committee of the Whole meet with the Traffic and Parking Director, Assistant Parking Director and the Traffic and Parking Commission members, including Nicholas Downing, Jamie Metsch, Eric Papetti and Tanya Stepasiuk, to discuss parking and traffic situations in Ward Seven. #635 – REQUEST FOR USE OF STREETS FROM B&S EVENT MANAGEMENT A request from B&S Event Management to hold a road race (Black Cat) and use of city streets on March 10, 2018 was granted. #636 – PUBLIC GUIDE The following license application was granted. PUBLIC GUIDES: Anton James Andresen, 527 7th Ave., Gotha, FL  311 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL #637 – #638 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. SECOND HAND Record Exchange, 256 Washington St., Salem VALUABLE: TAG DAY: S.H.S. Tennis Team, April 21, 2018 & May 5, 2018 #639 - #643 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. CLAIMS Lisa Lucia Carapellucci, 74 Lawrence St., Salem Claire Michaud, 150 Lafayette St., Salem Dianne Jendraszek, 15 Fillmore Rd., Salem Amy Damon, 54 Central Sq., Lynn SUBROGATED: Lance Sobelman, Esq. (for Melissa Crane), 152 The Lynnway, Lynn (#596) – SECOND PASSAGE ORDINANCE RELATIVE TO PARK, RECREATION & COMMUNITY SERVICES The matter of second passage of an Ordinance amending Chapter 2, relative to Department of Park, Recreation and Community Services, Section 2-593 (f) deleted in its entirety, was then taken up. It was adopted for second and final passage. (#597) – SECOND PASSAGE ORDINANCE TRAFFIC UNMETERED ZONE LORING AVENUE The matter of second passage of an Ordinance amending Traffic, Chapter 42, Section 57A, Parking Time Limited Unmetered Zone, Loring Avenue, was then taken up. It was adopted for second and final passage. 312 CITY OF SALEM OCTOBER 26, 2017 REGULAR MEETING OF THE CITY COUNCIL #644 - REQUEST FOR RECONSIDERATION OF VOTE Councillor Dibble submitted a letter of reconsideration dated October 13, 2017, of the vote to invite the Traffic and Parking Board Chairperson, Tanya Stepasiuk to meet with the Committee on Community and Economic Development prior to a vote of her reappointment. The matter was withdrawn. (#591) The matter of the reappointment of Tanya Stepasiuk to serve as members of the Traffic and Parking Commission with their terms to expire on October 12, 2020, was confirmed by a roll call vote of 10 yeas, 0 nays, 0 absent, 1 present. Councillors Turiel, Sargent, Ryan, McCarthy, Lovely, Gerard, Furey, Famico, Eppley and Milo were recorded as voting in the affirmative. Councillor Dibble was recorded as voting in the negative. On the motion of Councillor Furey the meeting adjourned at 9:15 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK