City of Salem, MA - City Council Agenda 11/20/2014

City Council Agenda 11/20/2014


	“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, November 20, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on November 13, 2014 at 6:04 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 ORDERED: National Grid to install a conduit on Thorndike St./Massey Way IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR FAMICO MOVED VOTED HEARINGS CONTINUATION OF HEARING FROM THE LAST MEETING HELD ON OCTOBER 23, 2014 ORDERED: National Grid to install conduits for the Salem Cable Replacement Project for Franchise Rights (Part 1 of 2) on the following streets: Leavitt St., Congress St., Hawthorne Blvd., Washington Sq. West, Washington Sq. South and Forrester St., IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR FAMICO MOVED VOTED HEARINGS ORDERED: National Grid to install conduits for the Salem Cable Replacement Project for Franchise Rights (Part 2 of 2) on the following streets: Cypress Street, Cabot Street, Fairfield Street, Essex Street, Webb Street and Fort Avenue IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR TURIEL MOVED VOTED HEARINGS Public hearing on the issue of allocating the local property tax levy among the four (4) property classes for the Fiscal Year 2015, and the residential, open space and small commercial exemptions. President McCarthy turned the Public Hearing over to the Board of Assessors and the Assessor Deborah Jackson. Councillor Turiel moved that the Public Hearing be closed Voted APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappt. of Dr. Danielle Ledoux to serve as a member of the Board of Health with a 3 year term to expire on March 1, 2018 Action Contemplated Councillor McCarthy Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of William Griset to serve as a member of the Planning Board with a 5 year term to expire on March 1, 2020 Action Contemplated Councillor McCarthy Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Richard Hardy to serve as a Constable with a term to expire on December 13, 2017 Action Contemplated Councillor O’Keefe Moved Received & Filed Voted COMMUNICATIONS FROM THE MAYOR Mayor submitting letter relative to the Tax Classification recommending maintaining the current 1.65 CIP split tax rate or 0.87354. Councillor Turiel Moved Received & File Voted Appropriation of $600,000.00 from “Stabilization Fund” to reduce the gross amount to be raised by taxation when Fiscal Year 2015 tax rate is set. Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ Appropriation of $750,000.00 from “Overlay Surplus” to reduce the gross amount to be raised by taxation when Fiscal Year 2015 tax rate is set. Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ COMMUNICATIONS FROM THE MAYOR Appropriation totaling $1,050,452.00 from the following accounts to reduce the gross amount to be raised by taxation when Fiscal Year 2015 tax rate is set. $190,089 from Receipts Reserved – Witch House $629,794 from Receipts Reserved – Golf Course $230,569 from Receipts Reserved – Harbormaster Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ Transfer of $9,720.00 within the “Capital Outlay – Equipment” account to be expended for HVAC VAV boxes for the Police Department Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ Transfer of $6,200.00 from “Receipts Reserved – Salem Common” to “Park & Rec. – Park & Grounds Maintenance” account for repair of lighting in the Common Gazebo. Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption COMMUNICATIONS FROM THE MAYOR Transfer of $3,500.00 from “Receipts Reserved – Golf Course” to “Park & Rec. – Golf Course – Contracted Services” account to cover cost of Golf Course Manager under a new contract. Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ Transfer of $1,200.00 from “Purchasing – Part Time Salary” to “Purchasing – Contracted Services” account . Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ ORDER: to accept the provisions of Section 4, Chapter 73 of the Acts of 1986 for Fiscal Year 2015 for statutory tax exemptions for widows, elderly, veterans and blind property owners. Councillor Turiel Moved Adoption Voted ______________________________________________________________________________ COMMUNICATIONS FROM THE MAYOR ORDER: To accept donation of $2,642.00 from the Mack Park Association to fund Salem Police Department K-9 Donation Fund. Councillor Turiel Moved Adoption Voted ______________________________________________________________________________ ORDER: City Collector to waive parking fines from Dec. 1 to Dec. 23, 2014 up to thirty dollars in late fees with a donation of two non-perishable items or canned goods to be donated to local food pantries. Councillor Turiel Moved Adoption Voted RESOLUTION: to file and accept grants with and from the Commonwealth of Mass. Executive Office of Energy and Environmental affairs for the PARC Program for improvements to Winter Island Park. Councillor Turiel Moved Adoption Voted RESOLUTION: affirming the rights of children and declaring Salem a child and youth rights respecting community Councillor Turiel Moved Adoption Voted COMMUNICATIONS FROM THE MAYOR ORDINANCE amending Ch. 36 by deleting Sec. 36-4 Pickup of large items and replace it with a new section Sec. 36-4 Demolition and Renovation Debris Councillor O’Keefe Moved Adoption for first passage Votred Or Ref. to Committee on Ordinances, Licenses & Legal Affairs ORDER: authorize the Mayor to execute an amendment to an existing easement granted in 2006 to the Trustees of the Essex Condominium for construction of a wheelchair ramp into their condos from the City’s parking garage. Councillor O’Keefe Moved Adoption by roll call vote YEAS NAYS ABSENT MAYOR’S INFORMATIONAL PAGE Communication from the Mayor requesting opportunity to give a brief update regarding SeeClickFix a new constituent service request tool. Councillor Sargent Moved Receive & File Voted ______________________________________________________________________________ MOTIONS, ORDERS, AND RESOLUTIONS Councillor Turiel Determination of the percentage of total taxes to be borne by the four (4) classes of property ORDERED: That the City of Salem adopt a Residential Factor of _ _ . _ _ _ _ % for Fiscal Year 2015 Councillor Turiel Moved for Adoption by roll call vote YEAS NAYS ABS Councillor Turiel Moved for immediate reconsideration in the hopes it would not prevail. OPEN SPACE EXEMPTION Councillor Turiel ORDERED: That the City of Salem NOT adopt an OPEN SPACE EXEMPTION for Fiscal Year 2015. Councillor Turiel Moved for Adoption by roll call vote YEAS NAYS ABS Councillor Turiel Moved for immediate reconsideration in the hopes it would not prevail. __________________________________________________________________________________ MOTIONS, ORDERS, & RESOLUTIONS RESIDENTIAL EXEMPTION Councillor Turiel ORDERED: That the City of Salem Not adopt a RESIDENTIAL EXEMPTION for Fiscal Year 2015. Councillor Turiel Moved for Adoption by roll call vote YEAS NAYS ABS Councillor Turiel Moved for immediate reconsideration in the hopes it would not prevail. SMALL COMMERCIAL EXEMPTION Councillor Turiel ORDERED: That the City of Salem NOT adopt a SMALL COMMERCIAL EXEMPTION for Fiscal Year 2015. Councillor Turiel Moved for adoption by roll call vote YEAS NAYS ABS Councillor Turiel Moved for immediate reconsideration in the hopes it would not prevail. ______________________________________________________________________________ MOTIONS, ORDERS & RESOLUTIONS Councillor Siegel ORDINANCE: amending Traffic Ch. 42 Sec. 13, “Service Zone”, 100 Jackson Street, southeasterly side for one hundred twelve (112) feet in an easterly direction. Action contemplated Councillor Siegel Moved Adoption for first passage Voted Councillor Eppley RESOLUTION: The Salem Ancient Order of Hibernians, Division 18, has been located at 104 Boston Street in Salem for approximately 112 years and promotes friendship, unity and Christian charity among its members and fosters the ideals and cultivate the history and tradition of the Irish people throughout the world. Councillor Eppley Moved Adoption Voted Councillor Eppley ORDINANCE: amending Traffic Ch. 42 Sec. 50B “Handicapped Zones, Limited Time” Ober Street in front of #2 for a distance of twenty (20) feet, Handicap Parking Tow Zone. Action contemplated Councillor Eppley Moved Adoption for first passage Voted MOTIONS, ORDERS & RESOLUTIONS Councillor Turiel ORDER: That the Monthly Financial Report dated October 31, 2014, be referred to the Committee on Administration and Finance. Action contemplated 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 granting certain licenses has considered said matter and would recommend that the following licenses be granted TAG DAY: S.H.S. Girls Basketball 11/29/14, 12/27/14, 1/10/15 & 1/31/15 Accept the Report Voted Adopt the Recommendation Voted Councillor O’Keefe 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 a 60 day trial period for Resident Sticker Parking for Forrester St. has considered said matter and would recommend that the matter remain in Committee Accept the Report Voted Adopt the Recommendation Voted Councillor O’Keefe 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 a 60 day trial period for Resident Sticker Parking for Emerton St. has considered said matter and would recommend that the matter remain in Committee Accept the Report Voted Adopt the Recommendation Voted Councillor O’Keefe 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 Resident Sticker Parking for Essex St. (#1-99 only) has considered said matter and would recommend the enclosed orders for a 60 day trial remain in Committee Accept the Report Voted Adopt the Recommendation Voted COMMITTEE REPORTS Councillor O’Keefe 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 Resident Sticker Permits for property owner in Salem whose primary residence is in another state has considered said matter and would recommend that the matter remain in committee for further review by the City Solicitor, Parking Department and City Collector Accept the Report Voted Adopt the Recommendation Voted Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter a taxi operator hearing for Scott Middleton has considered said matter and would recommend that his taxi operator license be granted 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 the Zoning Ordinance relative to Urban Agriculture (Chicken Ordinance) 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 entering into a contract with an electricity supplier through municipal aggregation process has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted COMMITTEE REPORTS Councillor McCarthy offered the following report for the Committee of the Whole to whom was referred the matter of the City Council appointments/reappointments to the Community Preservation Act Committee 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 decision relative to a Zoning Map amendment for 38 Washington Square South going from R-2 (Residential Two-Family) District to B-5 (Central Development District) by extending the B-5 District to include this parcel. Councillor O’Keefe Moved to Receive & File Planning Board Decision Voted Councillor O’Keefe Moved Adoption for first passage by roll call vote YEAS NAYS ABSENT Planning Board decision relative to a Zoning Map amendment for 43 Bridge Street going from B-4 (Business Wholesale & Automotive) District to R-2 (Residential Two-Family) District by extending the R-2 District to include this parcel. Councillor O’Keefe Moved to Receive & File Planning Board Decision Voted Councillor O’Keefe Moved Adoption for first passage by roll call vote YEAS NAYS ABSENT PETITIONS Petition from National Grid to install a conduit on Church Street HEARING ORDERED DECEMBER 11, 2014 Request from T.R. Ramsdell to hold a road race (Frosty Four) and use of city streets on January 1, 2015 Action Contemplated Councillor McCarthy Moved Voted The Following License Applications: PUBLIC GUIDES: Christine Gandolfi-Piper, 40 Aborn St., Peabody Carol Weitzman, 76 Birch St., Peabody January Green, 26 Aborn St., Peabody Michael Metzger, 634 Woodlands Way, Abington Susan Metzger, 25 Shepard St., Marblehead Jonnet Holladay, 4 Longfellow Place, Boston Leo Ward, 31 Crescent Ave., Beverly Mark Hurwitz, 22 Cloutmans Lane, Marblehead VEHICLE FOR HIRE Salem Pedicab, 7 N. Pine St., Salem (1 Pedicab) VEHICLE FOR HIRE Douglas Parker, 39 Staples St., Billerica OPERATORS ONLY Charles Galvin, 5 Warren St., Salem Action Contemplated Councillor O’Keefe Moved Granted Voted PETITIONS The Following License Applications: JUNK DEALER Newark Recycled Fibers, 53 Jefferson Ave., Salem SEAWORM Timothy Lynch, 28 Anawan Ave., Saugus Paul Lynch, 28 Anawan Ave., Saugus Jose Machado, 138 Lynnfield St., Peabody Eduardo Santos, 4 Collins St., Peabody SECOND HAND Glass & Etc. Museum Place Mall, Salem VALUABLE Salem Coin & Jewelry, 149 North St., Salem Jacqueline A. Satin, 69 Wharf St., Salem Tobies Jewelry, 142 Washington St., Salem Old Naumkeag Antiques, 1 Hawthorne Blvd., Salem Game Zone, 270 Essex St., Salem Action Contemplated Councillor O’Keefe Moved Referred to Comm. on Ord., Voted Licenses & Legal Affairs The Following Claims: Margaret Griffin, 10 Norman St., Salem Lisa Wallace, 2206 Sixth Line Rd., Dunrobin, Ontario, Canada Erika Clifford, 60 Essex St., Salem Action Contemplated Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted Legal Affairs UNFINISHED BUSINESS NONE On the motion of Councillor the meeting adjourned at P.M.