City of Salem, MA - City Council Agenda 06/26/2014

City Council Agenda 06/26/2014


	“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, June 26, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on June 19, 2014 at 6:11 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 NONE APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting, Mayor’s appointment of Larry Spang to serve as a full time member of the Historical Commission with a term to expire on January 10, 2016 Action Contemplated Councillor McCarthy Confirmed by RCV Yeas Nays Absent Held from the last meeting, Mayor’s appointment of John Russell to serve as a member of the Council on Aging with a term to expire on November 12, 2015 Action Contemplated Councillor McCarthy Confirmed by RCV Yeas Nays Absent Held from the last meeting, Mayor’s appointment of Grace Harrington to serve as a member of the Salem Redevelopment Authority with a term to expire February 1, 2017 Action Contemplated Councillor O’Keefe Confirmed by RCV Yeas Nays Absent Mayor’s appointment of Noah Koretz to serve as a member of Planning Board with a term to expire on March 1, 2019 (term begins July 31, 2014) Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Gerard Confirmed by RCV Yeas Nays Absent Or Held under the Rules APPOINTMENTS AND REAPPOINTMENTS Mayor’s appointment of Jaclyn Cotreau to serve as a member of the Salem Disabilities Commission with a term to expire on February 1, 2016 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Siegel Confirmed by RCV Yeas Nays Absent Or Held under the Rules Mayor’s reappt. of Laurie Bellin to serve as a member of the Salem Historical Commission with a term to expire on March 1, 2017 Action Contemplated Councillor Famico Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Debra Lobsitz to serve as a member of the Salem Disabilities Commission with a term to expire on March 1, 2017 Action Contemplated Councillor Turiel Confirmed by RCV Yeas Nays Absent APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of Jeff Bellin, Ernest DeMaio and Kristin Anderson to serve as members of the Bike Path Committee with their terms to expire on March 1, 2017 Action Contemplated Councillor Famico Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Mary Ellen Halliwell and Judith Wolfe to serve as members of the Beautification Committee with their terms to expire on March 1, 2017 Action Contemplated Councillor Gerard Confirmed by RCV Yeas Nays Absent Mayor’s resubmitting the following staff reappointments from the February 13, 2014 meeting to correct the terms of appointments per ordinance: Katherine Fabiszewski, Assistant Treasurer, corrected term to expire on January 31, 2017 Sarah Stanton, Finance Director/Auditor, corrected term to expire on January 31, 2017 Action Contemplated Councillor O’Keefe Confirmed by RCV Yeas Nays Absent COMMUNICATIONS FROM THE MAYOR Appropriation of $47,609.69 from “Retirement Stabilization – Vacation/Sick Leave Buyback” account to be expended for the retirement of Robert Lemelin, Jr. of the Fire Department. Councillor suspension of rules Councillor object Action contemplated Councillor Turiel Moved Approval Voted Or Held under the Rules ______________________________________________________________________________ Appropriation of $18,903.57 from “Retirement Stabilization – Vacation/Sick Leave Buyback” account to be expended for the retirement of Kevin Foucher from the Library. Councillor suspension of rules Councillor object Action contemplated Councillor Turiel Moved Approval Voted Or Held under the Rules _____________________________________________________________________________ Transfer of $18,150.00 from “Receipts Reserved – Witch House” to Witch House – Building Maintenance” Action contemplated Councillor Turiel Moved Approval Voted Or Ref. to the Committee on Administration & Finance COMMUNICATIONS FROM THE MAYOR Appropriation of $10,000.00 from “Fund Balance – Free Cash” to “Mayor – Contracted Services” Councillor suspension of rules Councillor object Action contemplated Councillor Turiel Moved Approval Voted Or Held under the Rules _____________________________________________________________________________ Transfer of $3,900.00 from “Receipts Reserved – Sale of Vaults” to “Cemetery – Equipment” Action contemplated Councillor Turiel Moved Approval Voted Or Ref. to the Committee on Administration & Finance Transfer of $3,900.00 from “Receipts Reserved – Sale of Lots” to “Cemetery – Equipment” Action contemplated Councillor Turiel Moved Approval Voted Or Ref. to the Committee on Administration & Finance COMMUNICATIONS FROM THE MAYOR ORDER: to accept the donation totaling $9,500.00 from the following for the Police Department Summer Camp Program: Danvers Bank Charitable Foundation 2,500.00 Easter District Attorney 7,000.00 Action contemplated Councillor Turiel Moved Adoption Voted RESOLUTION: Authorize the Mayor on behalf of the City of Salem to enter into a Tax Increment Financing Agreement for the expansion of Jacqueline’s Wholesale Bakery, Inc. located at 96 Swampscott Road, Salem Action contemplated Councillor Turiel Moved Adoption by roll call vote YEAS NAYS ABSENT City of Salem Tax Increment Financing Agreement with Jacqueline’s Wholesale Bakery, Inc. located at 96 Swampscott Road, Salem for Fiscal Year 2015 and exemptions associated with the Agreement will take effect Fiscal Year 2016 through Fiscal Year 2020. Action contemplated Councillor Turiel Moved Adoption by roll call vote YEAS NAYS ABSENT COMMUNICATIONS FROM THE MAYOR ORDER: Authorizing the City of Salem to enter into a contract with an electricity supplier through municipal aggregation process per Mass. General Law Chapter 164 Section 134(a) Action contemplated Councillor O’Keefe Moved Adoption by roll call vote YEAS NAYS ABSENT ______________________________________________________________________________ ORDINANCE: amending Zoning Sec. 10.0 Definitions and Sec. 3.0 Table of Principal and Accessory Use Regulations for Urban Agriculture. Action contemplated Councillor O’Keefe Moved to refer to the Planning Board to Voted Schedule a Joint Public Hearing _____________________________________________________________________________ ORDINANCE: amending Zoning Sec. 8.4.5 Table of Uses – NRCC District by adding Brewery, Distillery, or Winery with Tasting Room Action contemplated Councillor O’Keefe Moved to refer to the Planning Board to Voted Schedule a Joint Public Hearing MAYOR’S INFORMATIONAL PAGE NONE MOTIONS, ORDERS, AND RESOLUTIONS Councillor Siegel ORDER: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole meet to discuss amending Chapter 2 Sec. 2-312 relative to the City Clerk. Councillor Siegel Moved Adoption Voted ______________________________________________________________________________ Councillor Siegel ORDER: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole meet to discuss amending Chapter32 for “Video Surveillance” Councillor Siegel Moved Adoption Voted ______________________________________________________________________________ Councillor McCarthy ORDER: That the regular meetings of the City Council for the month of July and August be combined and held on July 17, 2014. Councillor McCarthy Moved Adoption Voted ______________________________________________________________________________ Councillor Gerard ORDINANCE: Amending Traffic Ch. 42 Sec. 51 “Parking Prohibited on Certain Streets” Franklin Street easterly side at North Street No Parking. Councillor Gerard Moved Adoption for first passage 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 approval SEAWORM Manuel Grieco, 96 Newbury St. #4A, Danvers SECOND HAND Hoofbeat Records, 116 North St., Salem VALUABLE TAG DAY S.H.S. Hockey, 12/13/14, 12/28/14, 1/4/15, 1/17/15 Accept the Report Voted Adopt the Recommendation Voted Councillor Turiel 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 the Community Preservation Act Committee’s recommendation for funding 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 resolution for supporting the creation of a complete streets policy for the city 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 Planning Board recommendation with modifications for the proposed Zoning Ordinance amending Section 10 by adding definition for “Brewery, Distillery, or Winery with a Tasting Room” and Section 3.0 Table of Principal & Accessory Use Regulations Councillor O’Keefe Moved to receive & file recommendation & Adopt Ordinance for first passage as amended by Planning Board By roll call vote YEAS NAYS ABSENT PETITIONS Order from Verizon and MA Electric to relocate three poles on Canal Street (when poles are relocated within same property boundary no public hearing required) Action Contemplated Councillor Turiel Moved Granted Voted Request from residents of Forrester Street to hold a block party on Saturday, September 6, 2014 from 3:00 P.M. to 7:00 P.M. with a rain date on Sunday, September 7, 2014 Action Contemplated Councillor Famico Moved Approval Voted Request from residents of Pickman Park Area (corner of Lincoln Rd. and Monroe Rd.) to hold a block party on Thursday, July 3, 2014 from 5:00 P.M. to 10:00 P.M. Action Contemplated Councillor O’Keefe Moved Approval Voted Request from the Bike Path Committee to make a presentation “Vision: 2020” to the Salem City Council in support of the Complete Streets Policy Action Contemplated Councillor Moved Received & Filed Voted PETITIONS Petition from W.T. Rich Company, Inc. regarding shutting down and rerouting a portion of sidewalk along Bridge Street (area located at back of Salem Probate and Family Court, 36 Federal St.) Action Contemplated Councillor Famico Moved Voted Request from Free Masons to reserve four parking spots in front of Lodge on Washington Street to hold blood drives on July 23, 2014 and December 3, 2014 from Noon to 8:00 P.M. Action Contemplated Councillor Famico Moved Granted Voted Request from Veterans of Foreign Wars and Salem State University Veterans Organization to hold a road race and use of city streets on Saturday, November 8, 2014 at 8:00 A,M. Action Contemplated Councillor Turiel Moved Granted Voted Petition from Joseph and Jennifer Fabiano, owners of property located at 198 Loring Avenue, to have two 30-minute parking signs place in front of commercial business for customer parking Action Contemplated Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. Voted & Legal Affairs PETITIONS Petition from Marie Sweetland to meet with City Counciil regarding the Working Cities Challenge Award Action Contemplated Councillor Siegel Moved Refer to Committee on Voted Administration & Finance The Following License Application: TAG DAY Salem Fire Department (for MDA), August 3, 2014 Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted Legal Affairs The Following License Applications: PUBLIC GUIDE Karen Scalia, 25RR Upham St., Salem Nicole Falcione, 14A Willow Ave., Salem Nicholas Pierce, 67 Monument Ave., Swampscott Joshua Myers, 35 Daniels St., Salem Lara Jay, 126 Federal St., Salem TAXI OPERATORS Richard Doherty, 8 Grove St., Saugus Emilio Salomon, 11 Heritage Dr., Salem Action Contemplated Councillor O’Keefe Moved Granted Voted PETITIONS The Following Drainlayer/Contract Operators: D&M Civil Inc., 189 N. Main St., Middleton Action Contemplated Councillor O’Keefe Moved Granted Voted The Following Claims: Matthew Nowak, 87 Mason St., Salem Leonard Fierstein, 21 Mooney Rd., Salem Charles Coulson, 159 Federal St., Salem Philip Laffy, 143 Fort Ave., Salem Frances Chalikis, 2 Bond St., Norwalk, CT Monica Tecca, 10 Village St., Marblehead Gerald Theriault, 14 Corning St., Beverly Action Contemplated Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted Legal Affairs The Following Bond: DRAINLAYER: D&M Civil Inc., 189 N. Main St., Middleton Action Contemplated Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted Legal Affairs and returned approved UNFINISHED BUSINESS Second Passage on an Ordinance amending Ch. 46, Sec. 230 “Sewer Use Charges” Councillor O’Keefe Moved Adoption for second & final passage Voted ______________________________________________________________________________ Second Passage of an Ordinance amending Ch. 46, Sec. 66 “Water Use Charges” Councillor O’Keefe Moved Adoption for second & final passage Voted ______________________________________________________________________________ Second Passage of an Ordinance amending Traffic Ch. 42, Sec. 49 “Stop Sign” Palmer Street Councillor McCarthy Moved Adoption for second & final passage Voted ______________________________________________________________________________ Second Passage of an Ordinance amending Traffic Ch. 42, Sec. 57A “Parking Time Limited Unmetered Zone” Leavitt Street. Councillor McCarthy Moved Adoption for second & final passage Voted ______________________________________________________________________________ Second Passage of an Ordinance amending Traffic Ch. 42, Sec. 74 “Tow Zone” Bryant Street. Councillor Gerard Moved Adoption for second & final passage Voted UNFINISHED BUSINESS Second Passage of an Ordinance amending Traffic Ch. 42, Sec. 50B “Handicap Parking” Phelps Street Councillor Siegel Moved Adoption for second & final passage Voted ______________________________________________________________________________ Second Passage of an Ordinance amending Traffic Ch. 42, Sec. 50B “Handicap Parking” May Street Councillor Siegel Moved Adoption for second & final passage Voted ______________________________________________________________________________ Second Passage of an Ordinance amending Traffic Ch. 42, Sec. 50B “Handicap Parking” Cabot Street Councillor Turiel Moved Adoption for second & final passage Voted ______________________________________________________________________________ Second Passage of an Ordinance amending Traffic Ch. 42, Sec. 25 “No Right Turn on Red” Mason Street to North Street Councillor Gerard Moved Adoption for second & final passage Voted ______________________________________________________________________________ Second Passage of an Ordinance amending Traffic Ch. 42, Sec. 50B “Handicap Parking” Friend Street Councillor Gerard Moved Adoption for second & final passage Voted UNFINISHED BUSINESS Second Passage of Bond Order for the sum of $2,480,000. for Fiscal Year 2014 General Fund Capital Improvement Program Councillor Turiel Moved Adoption by roll call vote YEAS NAYS ABSENT Second Passage of Bond Order for the sum of $1,250,000. for Fiscal Year 2014 Water / Sewer Capital Improvement Program Councillor Turiel Moved Adoption by roll call vote YEAS NAYS ABSENT Second Passage of Bond Order for the sum of $7,150,000. for Fiscal Year 2015 Water / Sewer Capital Improvement Program Councillor Turiel Moved Adoption by roll call vote YEAS NAYS ABSENT UNFINISHED BUSINESS Second Passage of Bond Order for the sum of $2,657,153. for Fiscal Year 2015 General Fund Capital Improvement Program Councillor Turiel Moved Adoption by roll call vote YEAS NAYS ABSENT On the motion of Councillor the meeting adjourned at P.M.