City of Salem, MA - City Council Agenda 12-11-2014

City Council Agenda 12-11-2014


	“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, December 11, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on December 4, 2014 at 6:50 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 Church Street IN FAVOR: OPPOSED: HEARING CLOSED: ACTION CONTEMPLATED COUNCILLOR FAMICO MOVED VOTED APPOINTMENTS AND REAPPOINTMENTS Mayor’s appt. of Marc Berube to serve as a member of the Beautification Committee with a term to expire on March 1, 2018 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Famico Held under the rules Voted Mayor’s reappt. of Sara Fiore to serve as a member of the Beautification Committee with a term to expire on March 1, 2018 Action Contemplated Councillor Turiel Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of William Peck to serve as a member of the Bicycling Advisory Committee with a term to expire on March 1, 2018 Action Contemplated Councillor Siegel Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Bart Hoskins to serve as a member of the Conservation Commission with a term to expire on March 1, 2018 Action Contemplated Councillor Gerard Confirmed by RCV Yeas Nays Absent COMMUNICATIONS FROM THE MAYOR Appropriation of $32,475.00 from “Receipts Reserved – Sale of Vaults” to “DPS – Equipment” account 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 $10,825.00 from “Receipts Reserved – Sale of Vaults” to “DPS – Equipment” account Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ ORDER: to accept a donation in the amount of $2,000.00 from Drew’s Donuts/DD to be deposited into the Salem Police Department K-9 Donation Fund Councillor Turiel Moved Adoption Voted ______________________________________________________________________________ COMMUNICATIONS FROM THE MAYOR ORDER: to rename the Bike Path Committee to the Bicycling Advisory Committee. Councillor Gerard Moved Adoption Voted ______________________________________________________________________________ Communication from the Mayor requesting a Special Meeting with the City Council to discuss the Payment-in-lieu-of taxes (PILOT) agreement and separate community benefit (CBA) agreement with FootPrint Power. Councillor O’Keefe Moved that the Mayor’s letter be received & filed and a Special Meeting be held on Monday, December 15, 2014 at 7:00 PM Voted MAYOR’S INFORMATIONAL PAGE NONE MOTIONS, ORDERS, AND RESOLUTIONS Councillor Eppley ORDER: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole, meet to review any and all ordinances relative to Vehicle for Hire Operators and Vehicles for Hire. Action contemplated Councillor Eppley Moved Adoption Voted Councillor Eppley ORDINANCE: amending Traffic Ch. 42 Sec. 50B “Handicapped Parking Limited Time” REPEAL Abbott Street in front of #3. Action contemplated Councillor Eppley Moved Adoption for first passage Voted Councillor Siegel ORDINANCE: amending Traffic Ch. 42 Sec. 50B “Handicapped Parking Limited Time” REPEAL Winthrop Street in front of #70. Action contemplated Councillor Siegel Moved Adoption for first passage Voted MOTIONS, ORDERS AND RESOLUTIONS Councillor Gerard ORDINANCE: amending Traffic Ch. 42 Sec. 50B “Handicapped Parking Limited Time” Dunlap Street in front of #12 for a distance of twenty feet. Action contemplated Councillor Gerard Moved Adoption for first passage Voted Councillor O’Keefe ORDINANCE: amending Traffic Ch. 42 Sec. 50B “Handicapped Parking Limited Time” Station Road in front of #23 for a distance of twenty feet. Action contemplated Councillor O’Keefe Moved Adoption for first passage Voted Councillor O’Keefe ORDER: That the attached Tag Day Application for the Salem High School Cheerleading to be held on 12/21/14, 1/11/15 & 1/25/15 be granted Action contemplated Councillor O’Keefe Moved Adoption Voted MOTIONS, ORDERS AND RESOLUTIONS Councillor O’Keefe ORDER: That the Mayor budget funds for the purpose of retaining the law firm of Anderson and Kreiger to represent the City and its residents in whatever legal action is determined in the best interest of the City and its residents to stop the Salem State University garage from being build. Councillor O’Keefe Moved Adoption Voted Or Ref. to Committee on Ordinances, Licenses & Legal Affairs Councillor Famico ORDINANCE: amending Traffic Ch. 42 Sec. 74 “General Prohibition Towing Zones” Pratt Street at the intersection of High Street Court in a southerly direction both sides in it’s entirety, No Parking Tow Zone. Action contemplated Councillor Famico Moved Adoption for first passage Voted Councillor Sargent ORDER: That there be a moratorium on the issuance of new Home Rule Petition Liquor Licenses except for applications in the B-5 Zone District and also a moratorium on the issuance of new Seasonal Liquor Licenses except for application in the B-5 Zone District and located on City of Salem property until order #655 of 2014 is completed and an ordinance is in place. This order will not affect existing liquor licenses or prevent their renewal. Councillor Sargent Moved Adoption Voted MOTIONS, ORDERS AND RESOLUTIONS Councillor Milo ORDER: That the rules and Orders of the City Council be amended by adding a new rule: Sec. 39. Use of Electronic Devices during Meetings of the City Council. Councillor Milo 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 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 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 of carrying matters forward in Committee has considered said matter and would recommend that rule 31B is suspended and the enclosed matters be brought forward into 2015. 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 creating an Ordinance regarding rules and guidelines for Seasonal and Home Rule Petition Liquor Licenses 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 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 an ordinance amending rules and regulations for care and use of cemeteries has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor Turiel offered the following report for the Committee on Administration & Finance to whom was referred the matter of carrying matters forward in Committee 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 carrying matters forward in 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 NONE PETITIONS The Following License Applications: PUBLIC GUIDES Fran Marrow, 12 Strawberry Hill Lane, Danvers Hannah Diozzi, 20 Pleasant St., Salem Robert Kieran, 14 Tremont St., Salem Charles Galvin, 5 Warren St., Salem Linda Harris, 3 Buford Rd., Peabody David Harris, 3 Buford Rd. Peabody Nancy Sweeter, 60 Burley St., Danvers Abigail Russell, 37 Forest St., Wakefield John Flanagan, 38 Bayview Terrace, Danvers Brigitta Amsler, 286 Ocean Ave., Marblehead Robert Anthony, 37 Boardman St., Salem Jeffrey Howard, 14 Proctor St., Gloucester TAXI OPERATORS Dionil Abreu, 24 Grove St., Salem Action Contemplated Councillor O’Keefe Moved Granted Voted The Following License Applications: JUNK DEALER Frederic Hutchins, 15 Robinson Rd., Salem SEAWORM Tomohiro Shiraishi, 58 Everett St., East Boston SECOND HAND Boston St. Resale, 134 ½ Boston St., Salem CLOTHING Re-Find LLC, 244 Essex St., Salem Re-Find LLC, 72 Washington St., Salem Modern Millie, 3 Central St., Salem SECOND HAND Once & Again, 45 Bridge St., Salem VALUABLE TAG DAY S.H.S. Gymnastices, 1/18/15 & 2/7/15 Action Contemplated Councillor O’Keefe Moved Referred to Comm. on Ord., Voted Licenses & Legal Affairs PETITIONS The Follow Drainlayer/Contract Operator License Applications: J. Derenzo Co., 338 Howard St., Brockton Cahill Development, 9 Shortell Ave., Beverly DeIulis Brothers Construction, 31 Collins St. Terr., Lynn Joseph P. Cardillo & Son, 1 Melvin St., Wakefield Pumel Enterprises, Inc., 5 Fairview Rd., Salem R.B. Strong Excavating & Sewerage, 122 Western Ave., Gloucester TDS, Inc., 2 Peter Dr., Sterling, MA WES Construction Corp., 650 Industrial Dr., Halifax Bond Bros., Inc., 145 Spring St., Everett Caruso Corp., 320 Charger St., Revere J.J. O’Brien & Sons, Inc., 5 Fern St., Waltham James W. Flett, 800 Pleasant St., Belmont McGrath Enterprises, 28 Oakville St., Lynn N. Granese & Sons, 59 Jefferson Ave., Salem Spencer Contracting, 101C Foster St., Peabody Action Contemplated Councillor O’Keefe Moved Granted Voted The Following Bonds: DRAINLAYER: J. Derenzo Co., 338 Howard St., Brockton J.J. O’Brien & Sons, Inc., 5 Fern St., Waltham James W. Flett, 800 Pleasant St., Belmont Bond Bros., Inc., 145 Spring St., Everett SIGN: Roost Urban County Design, 38 Front St., Salem Action Contemplated Councillor O’Keefe Moved Refer to Comm. on Ord., Lic. & Voted Legal Affairs & Returned Approved UNFINISHED BUSINESS SECOND PASSAGE Ordinance amending Zoning map to extend the B-5 Central Development District to include 38 Washington Square South Councillor O’Keefe Moved Adoption for second & final passage by roll call vote YEAS NAYS ABSENT SECOND PASSAGE Ordinance amending Zoning map for the property located at 43 Bridge Street from B-4 District by extending the R-2 District to include this parcel. Councillor O’Keefe Moved Adoption for second & final passage by roll call vote YEAS NAYS ABSENT SECOND PASSAGE Ordinance amending Zoning by adding to Section 10.0 Definitions Urban Agriculture and Section 3.0 Table of Principal and Accessory Use Regulations by adding Urban Agriculture. Councillor O’Keefe Moved Adoption for second & final passage by roll call vote YEAS NAYS ABSENT UNFINISHED BUSINESS SECOND PASSAGE Ordinance amending Traffic Ch. 42 Sec. 13 “Service Zone” at 100 Jackson Street Councillor Siegel Moved Adoption for second & final passage Voted ______________________________________________________________________________ SECOND PASSAGE Ordinance amending Traffic Ch. 42 Sec. 50B “Handicapped Parking Limited Time” Ober Street Councillor Eppley Moved Adoption for second & final passage Voted ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.