City of Salem, MA - City Council AMENDED Agenda 03/26/2015

City Council AMENDED Agenda 03/26/2015


	“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. AMENDED AGENDA A Regular Meeting of the City Council held in the Council Chamber on Thursday, March 26, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 19, 2015 at 5:39 P.M. This meeting is being taped and is live on S.A.T.V. Absent were: Council President Sargent presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Sargent 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 Councillor Siegel Moved to take out of order, under Communications from the Mayor, a request to hold an Executive Session to discuss the on-going situation with our trash and recycling collection contractor. Councillor Siegel Moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session for the purpose of discussing with the Mayor, Solicitor and City Engineer the Strategy with respect to litigation, which is imminently likely, as a result of Northside Carting’s Default of its contractual obligation to collect the City’s solid waste. Conducting this discussion in An open meeting may have a detrimental effect on the litigation position of the City. Following the Executive Session, the City Council shall reconvene in open session and And continue the regular meeting by Roll call vote YEAS NAYS ABSENT FOLLOWING EXECUTIVE SESSION: Councillor Siegel Moved that the regular meeting be continued. VOTED HEARINGS NONE APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting, the Mayor’s appt. of James Hacker to serve as an alternate member of the Zoning Board of Appeals with a term to expire on March 1, 2017 Action Contemplated Councillor Siegel Moved Confirmed by RCV Yeas Nays Absent Held from the last meeting, the Mayor’s appt. of J.P. Story to serve as a member of the Parking Board with a term to expire on March 1, 2016 Action Contemplated Councillor Eppley Moved Confirmed by RCV Yeas Nays Absent Held from the last meeting, the Mayor’s appt. of Elysia Alleman to serve as a member of the Parking Board with a term to expire on March 1, 2016 Action Contemplated Councillor Famico Moved Confirmed by RCV Yeas Nays Absent APPOINTMENTS AND REAPPOINTMENTS Mayor’s appt. of Gail Gambarini to serve as a member of the Conservation Commission with a term to expire on November 12, 2015 Councillor Suspension of the Rules C. Objection Action Contemplated Councillor Gerard Held under the rules Voted until the next meeting Mayor’s reappt. of Kim Emerling to serve as the City of Salem’s Director of Veteran’s Services with a term to expire on March 1, 2018 Action Contemplated Councillor Eppley Moved Confirmed by RCV Yeas Nays Absent Mayor’s reappt. of Donald Bates to serve as a member of the Registrars of Voters with a term to expire on March 31, 2018 Action Contemplated Councillor McCarthy Moved Confirmed by RCV Yeas Nays Absent Mayor’s appt. of Darryl Craig Hines to serve as a Constable with a term to expire on March 26, 2016 Action Contemplated Councillor Siegel Moved Received & Filed Voted COMMUNICATIONS FROM THE MAYOR Appropriation of $80,000.00 from “Fund Balance – Free Cash” account to “Human Resources – Unemployment compensation” 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 $60,560.00 from “Retirement Stabilization – Vacation/Sick Leave Buyback” account to be exended for contractual buyback for the following: Victoria Sham School Dept. $28,172.80 Paul Rodolico School Dept. $32,387.20 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 of $30,077.19 from “Retained Earnings – Water Fund” account to “Engineering – Water Contracted Services” 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 $4,435.00 from “Capital Outlay – Renovations & Repairs” account to be expended for repairs to Mack Park House Plumbing Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption ______________________________________________________________________________ RESOLUTION: Authorize the Superintendent of Schools to submit to the Massachusetts School Building Authority the Statement of Interest Form for the Salem High School located at 77 Willson Street, Salem, MA Councillor Turiel Moved Adoption by Roll Call Vote YEAS NAYS ABSENT COMMUNICATIONS FROM THE MAYOR Request from the Mayor to hold an Executive Session, to discuss on-going situation with our trash and recycling collection contractor. (taken up earlier) Councillor Siegel Moved that the City Council adjourn to the Council Anteroom to hold an Executive Session, and at the end of the Executive Session the regular meeting will continue. Roll Call Vote YEAS NAYS ABSENT ______________________________________________________________________________ MAYOR’S INFORMATIONAL PAGE NONE MOTIONS, ORDERS, AND RESOLUTIONS Councillor Siegel ORDER: That the attached Tag Day Application for S.A.I.L. (Student Adventure in Learning) for March 29, 2015 and April 4, 2015 be granted Action Contemplated Councillor Siegel Moved Granted Voted ______________________________________________________________________________ COMMITTEE REPORTS Councillor Siegel 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 SECOND HAND CLOTHING Lemon’s, 1 Church St., Salem SECOND HAND VALUABLE Game Stop, 440 Highland Ave., Salem TAG DAY S.H.S. Softball, April 25, 2015 & May 3, 2015 Accept the Report Voted Adopt the Recommendation Voted Councillor Eppley offered the following report for the Committee on Public Health, Environment & Safety co-posted with the Committee of the Whole to whom was referred the matter of reducing the number of Board of Health members from seven to five members has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor Eppley offered the following report for the Committee on Public Health, Environment & Safety co-posted with the Committee of the Whole to whom was referred the matter of amending an ordinance relative to traffic Ch. 42,Sec. 74 “General Prohibition Towing Zone” – Churchill Street, northwesterly, odd side starting at Tremont St. and continuing in a northeasterly direction in its entirety, “Tow Zone” 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 Communication and Order from the Community Preservation Committee requesting an appropriation increase of CPA Funding for Old Town Hall Windows Appropriation of $68,070.00 from “General Fund – CPA” to “CPA – Old Town Hall” for funding needed to restore 66 windows at Old Town Hall. Councillor Turiel Moved suspension of rules Councillor Object Action contemplated Councillor Turiel Moved Ref. to Committee on Administration And Finance Voted Or Adoption PETITIONS Request from B&S Fitness to reschedule the Black Cat 10/20 mile race on September 19, 2015 the same day as the already approved Wicked Half Marathon Action Contemplated Councillor McCarthy Moved Voted Request from Salem YMCA and B&S Fitness to hold a triathlon and use of city streets on Saturday, August 8, 2015 Action Contemplated Councillor Turiel Moved Voted The Following License Applications: PUBLIC GUIDES: Jeffrey Horton, 27 Bar Link Way, Swampscott Kristen Higgins, 18 Leach St., Salem William Page, 65 ½ Essex St., Salem Lara Jay, 126 Federal St., Salem Daniel Minkle, 126 Federal St., Salem TAXI OPERATORS: Johnny Fabian, 52 Ward St., Salem Felipito Guzman, 6 Grant St., Salem Smerling DeLos Santos, 36 School St., Salem Rex Kent, 42 Maple Ave., Swampscott Roberto Pacheco, 26 Mill St., Danvers Ramon DeLa Rosa, 10 Harris St., Peabody Licenses Continued Next Page PETITIONS Licenses Continued TAXI OPERATORS: Alejandro Pena, 32 Washington St., Peabody Jose Baez, 29 Perkins St., Salem Pedro Taveras, 29 Boston St., Salem Bob Ruest, 6 Dustin St., Peabody Michael Minchello, 20 N. Central St., Peabody Clint Dese, 21 Roslyn St., Salem Darryl Fanning, 25 Ord St., Salem Dana McPhee, 14 South St., Salem Daniel Sirois, 15 Beckett St., Salem Ayouba, Kaba, 10 Holten St., Peabody Action Contemplated Councillor Siegel Moved Granted Voted The Following License Applications: TAG DAY Salem High School Tennis, April 11 & 18, 2015 Salem Youth Football & Cheering October 24, 2015 Action Contemplated Councillor Siegel Moved Referred to Comm. on Ord., Voted Licenses & Legal Affairs The Following Drainlayer/Contract Operator Licenses: James T. Lynch Construction, 77 Lowel Jct. Rd., Andover R. DiLisio Co., 113 Fayette St., Lynn Rooter-Man, 13 Littles Lane, Peabody Action Contemplated Councillor Siegel Moved Granted Voted PETITIONS The Following Claims: James Tighe, 10 Becket St., Salem Lindsey Philbrook, 11 English St., Salem John Femino, 90 Margin St., Salem Joseph Correnti, 183 R Federal St., Salem (for Christopher Columbus Club, 24 Endicott St., Salem) Melanie Forzse, 272 Washington St., Haverhill Arthur Ingemi, 100 Museum Place Mall, Salem Action Contemplated Councillor Siegel Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs The Following Bonds CONSTABLE: Darryl Craig Hines, 1 Naples Road, Salem DRAINLAYER: James T. Lynch Construction, 77 Lowel Jct. Rd., Andover Rooter-Man, 13 Littles Lane, Peabody Action Contemplated Councillor Siegel Moved Referred to Comm. on Ord., Lic. & Voted Legal Affairs & Returned Approved UNFINISHED BUSINESS SECOND PASSAGE Ordinance amending Ch. 44 Sec. 44-34 Taxi Operator’s (Hackney) license. Councillor Siegel Moved Adoption for second & final passage Voted ______________________________________________________________________________ On the motion of Councillor the meeting adjourned at P.M.