City of Salem, MA - City Council Agenda 03-13-2014

City Council Agenda 03-13-2014


	“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, March 13, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on March 06, 2014 at 4:34 P.M. This meeting is being taped and is live on S.A.T.V. Absent were: Council President McCarthy presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President McCarthy 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 HEARINGS Discontinuance of a portion of Union Street starting at Derby Street for a distance of 174.80 feet on the westerly side. IN FAVOR: OPPOSED: HEARING CLOSED: Councillor McCarthy Moved Adoption by roll call vote YEAS NAYS ABSENT _____________________________________________________________________________ APPOINTMENTS AND REAPPOINTMENTS Held from last meeting, Mayor’s appt. of Rosalia Velazquez to serve as the City of Salem’s Director of the Council on Aging with a term to expire on January 31, 2016 Action Contemplated Councillor Eppley Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Julie Carver to serve as a member of the Council on Aging with a term to expire on March 1, 2017 Action Contemplated Councillor Gerard Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Timothy Ready and Benjamin Anderson to serve as members of the Salem Planning Board with terms to expire on March 1, 2019 Action Contemplated Councillor Eppley Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Helen Sides to serve as a member of the Design Review Board with a term to expire on March 1, 2017 Action Contemplated Councillor Siegel Confirmed by RCV Yeas Nays Absent APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of Charles Barton to serve as a member of the Board of Registrars of Voters with a term to expire on March 1, 2017 Action Contemplated Councillor Eppley Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Judge Thaddues Buczko to serve as a member of the Salem Trust Fund Commission with a term to expire on March 1, 2026 Action Contemplated Councillor Siegel Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Ruthanne Davis to serve as a Constable with a term to expire on February 6, 2017 Action Contemplated Councillor O’Keefe Moved Received & Filed Voted COMMUNICATIONS FROM THE MAYOR Appropriation of $66,505.05 from “Retirement Stabilization Fund Vacation / Sick Leave Buyback” account for the retirement buyback of the following School Dept. employees Joan Gillissen $15,077.52 Lynn Lavoie 21,912.33 Ronald Oro 29,515.20 $66,505.05 Councillor suspension of the rules Councillor Object Action contemplated Councillor Turiel Moved Adoption Voted or Ref. to the Comm. On Administration & Finance under rules ______________________________________________________________________________ Appropriation of $25,304.00 from “Capital Outlay – Renovation & Repair” account to be expended for repair of the Museum Place and South Harbor garages Councillor suspension of the rules Councillor Object Action contemplated Councillor Turiel Moved Adoption Voted or Ref. to the Comm. On Administration & Finance under rules ______________________________________________________________________________ COMMUNICATIONS FROM THE MAYOR Appropriation of $15,000.00 from “Fund Balance – Free Cash” account to “Fire – Equipment Repair” account Councillor suspension of the rules Councillor Object Action contemplated Councillor Turiel Moved Adoption Voted or Ref. to the Comm. On Administration & Finance under rules ______________________________________________________________________________ Appropriation of $7,000.00 from “Fund Balance – Free Cash” account to “Fire – Building Maintenance” account Councillor suspension of the rules Councillor Object Action contemplated Councillor Turiel Moved Adoption Voted or Ref. to the Comm. On Administration & Finance under rules ______________________________________________________________________________ COMMUNICATIONS FROM THE MAYOR ORDER: That the City of Salem accepts a supplemental allowance that authorizes the Salem Contributory Retirement board to increase the minimum benefits for widows of accidental or ordinary disability retirees from $6,000 per year to $9,000 per year pursuant to Mass. General Law c. 32 Sec. 101. Action contemplated Councillor O’Keefe Moved Adoption by roll call vote of Voted YEAS NAYS ABSENT ______________________________________________________________________________ RESOLUTION: expressing support for the Superintendent of Salem Public Schools to submit the Mass. School Building Authority a formal Statement of Interest establishing priorities for improvements at the Salem High School Action contemplated Councillor Turiel Moved Adoption by roll call vote of Voted YEAS NAYS ABSENT ______________________________________________________________________________ ORDINANCE: amendment relative to Zoning, Sec. 8.1.2 Definitions is amended by deleting it in its entirety the definition of “flood hazard district” and replacing it with “Flood Hazard District Boundaries, and Floodway and Base Flood Elevation Data. Action contemplated Councillor O’Keefe Moved Adoption for first passage Voted or Ref. to Comm. On Ordinances, Licenses & Legal Affairs COMMUNICATIONS FROM THE MAYOR ORDINANCE: relative to Article II of Chapter 32 Section 32-46, Qualifications, selection and appointment of the City Marshall Action contemplated Councillor O’Keefe Moved Adoption for first passage Voted or Ref. to Comm. On Ordinances, Licenses & Legal Affairs ORDINANCE: relative to Article II Division 2 of Chapter 20 Section 20-71, Qualifications, selection and appointment of the Chief of the Fire Department Action contemplated Councillor O’Keefe Moved Adoption for first passage Voted or Ref. to Comm. On Ordinances, Licenses & Legal Affairs MAYOR’S INFORMATIONAL PAGE NONE MOTIONS, ORDERS, AND RESOLUTIONS Councillor O’Keefe ORDER: That the Tag Day Application for the Salem High School Cheerleading for 3/15/14 and 3/16/14 be granted Councillor O’Keefe Moved Adoption Voted Councillor Turiel ORDER: That the Monthly Financial Report dated January 31, 2014 be referred to the Committee on Administration and Finance. Councillor Turiel Moved Adoption Voted Councillor Turiel ORDER: That the Year to Date Budget Report dated January 31, 2014 be referred to the Committee on Administration and Finance. Councillor Turiel Moved Adoption Voted Councillor Turiel ORDER: That the Year to Date Budget Report dated February 28, 2014 be referred to the Committee on Administration and Finance. Councillor Turiel Moved Adoption Voted COMMITTEE REPORTS Councillor O’Keefe 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 license be granted SECOND HAND VALUABLE Salem Loan & Jewelry, 133 Washington St., Salem TAG DAYS S.H.S. Boy’s Spring Track, March 23, 2014 & April 5, 2014 Accept the Report Voted Adopt the Recommendation Voted Councillor Legault 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 the Community Benefits Agreement with Mohegan Sun has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor McCarthy offered the following report for the Committee of the Whole to whom was referred the matter of a Home Rule Petition to remove current Civil Service restrictions when selecting future Police and Fire Chiefs 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 NONE PETITIONS Request from Angelman Syndrome Foundation to hold a walk on May 17, 2014 Action Contemplated Councillor McCarthy Moved Granted Voted The Following License Applications: PUBLIC GUIDES March Gauthier, 40 Oak Avenue, Peabody TAXI OPERATORS Guillermo Javier, 78 Rainbow Ter., Salem Juan Lopez, 24 Tracey St., Peabody Mario Rosario, 12 Mason St., Salem Felipito Guzman, 6 Grant St., Beverly Martino Santana, 56 Harbor St., Salem Santo Ozoria, 9 Prince St. Pl., Salem Jesus Rosario, 42 park St., Salem Jose Cerda, 3 Center St., Peabody Juan Roman, 24 Ward St. Salem Rodriguez Evangelis, 114 Central St., Peabody Martin Ozoria, 10 Porter St., Salem Roberto Pacheco, 26 Mill St., Danvers Jonathan Delossantos, 5 Oakwood Ave., Lynn Action Contemplated Councillor O’Keefe Moved Granted Voted ______________________________________________________________________________ PETITIONS The Following License Applications: SEAWORM Luis Dos Santos, 57 Central St., Peabody SECOND HAND Hedringten’s, 61 Wharf St., Salem VALUABLE Action Contemplated Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted Legal Affairs The Following Drainlayer/Contract Operator Licenses: The Dow Company, Inc. 1112 Broadway Rd, Dracut A-Rooter-Man, 3 Perkins St., Peabody Marois Brothers, Inc., 115 Blackstone River Rd., Worcester Larkin & Larkin Development Corp., 709 Lowell St., Methuen Action Contemplated Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted Legal Affairs PETITIONS The Following Claims: W. Drew Hoffman, 49 Crestwood Rd., Marblehead Kevin McElroy, 18 Davida Rd., Burlington Paul DiBenedetto, 27 Clark St., Boston SUBROGATED Amica Insurance, Po Box 9690, Providence, RI Action Contemplated Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted Legal Affairs The Following Bonds: DRAINLAYER: The Dow Company, Inc. 1112 Broadway Rd, Dracut Marois Brothers, Inc., 115 Blackstone River Rd., Worcester Larkin & Larkin Development Corp., 709 Lowell St., Methuen Action Contemplated Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted Legal Affairs & Returned Approved ______________________________________________________________________________ UNFINISHED BUSINESS SECOND PASSAGE Ordinance amending Ch. 2 Sec. 2-142 (a), Salary Compensation of the Mayor Councillor O’Keefe Moved Adoption for second & final passage Voted On the motion of Councillor the meeting adjourned at P.M.