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City Council Agenda 06/25/2015
“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.

A Regular Meeting of the City Council held in the Council Chamber on Thursday,
June 25, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June18, 2015 at 3:54 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














HEARINGS

ORDERED:  National Grid to install a conduit on Ward Street



IN FAVOR:













OPPOSED:













HEARING CLOSED:



ACTION CONTEMPLATED




COUNCILLOR MCCARTHY                     MOVED                                   VOTED


HEARINGS


PETITION:   From Welby Pena and Ashley Marshall, Owners of Paaastelitos Restaurant, located at 101 Lafayette St. for Extended Hours of Operation.  Requested Hours – Fridays, Saturdays and Holidays from 10:00 A.M. to 2:00 A.M.  Current Hours - Sunday – Thursday 10:00 A.M. to 10:00 P.M. and Fridays & Saturdays 10:00 A.M. to Midnight

(Bench request is under petitions on page 14)

IN FAVOR:












OPPOSED:












HEARING CLOSED:



ACTION CONTEMPLATED



COUNCILLOR MCCARTHY                     MOVED                                   VOTED

APPOINTMENTS AND REAPPOINTMENTS

Mayor’s appt. of William McHugh to serve as the Harbormaster for the Port of Salem pursuant to Chapter 10 Sec. 4 of the City Ordinances (no expiration term)

Councillor                      Suspension of the Rules         Councillor                      Objection



Action Contemplated




Councillor Eppley                       Held under the rules                                    Voted


Mayor’s reappt. of both Mike Duffy and Jimmy Tsitsinos to serve as members of the Zoning Board of Appeals with their terms expiring on July 1, 2018


Action Contemplated



Councillor McCarthy             Moved Confirmation by RCV               Yeas      Nays     Absent







COMMUNICATIONS FROM THE MAYOR

Appropriation of $250,000.00 from “Fund Balance – Free Cash” account to “Human Resources – Collective Bargaining” 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 $9,000.00 from “Receipts Reserved – Harbormaster” account to “Harbormaster – Part Time Salary” account


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 $8,500.00 from “Planning Board – Full Time Salary” account to “Planning Dept. –Full Time Salary” account





Action contemplated



Councillor Turiel                       Moved Adoption                                          Voted
                                
______________________________________________________________________________
COMMUNICATIONS FROM THE MAYOR


Appropriation of $1,364.00 from “Fund Balance – Free Cash” account to “Planning Dept. –Full Time Salary” account


Councillor Turiel               Moved suspension of rules               Councillor                      Object


Action contemplated


Councillor Turiel               Moved Ref. to Committee on Administration
                                And Finance                                                             Voted
                                Or Adoption
______________________________________________________________________________

ORDINANCE amending Chapter 10 Section 10-4, Harbormaster’s appointment, term, powers & duties, compensation

Section 1. is hereby amended by deleting in its entirety the last sentence in this section:
“The compensation of the harbormaster shall be fixed by the mayor under collective bargaining agreement”

And replace with the following: “The compensation of the harbormaster shall be fixed by the mayor with approval of the city council”





Councillor Siegel               Moved Adoption for first passage                                        Voted













MAYOR’S INFORMATIONAL PAGE

NONE






MOTIONS, ORDERS, AND RESOLUTIONS

Councillor Siegel

ORDERED:  That the attached Tag Day License for the Organized Basketball Assoc., for 6/27/15, 6/28/15, 7/25/15, 7/26/15, 8/15/15, 8/16/15, 9/13/15 be granted


Action Contemplated

Councillor Siegel                       Moved Granted                                   Voted

______________________________________________________________________________

Councillor Turiel

ORDERED: That the Monthly Financial Report dated May 31, 2015, be referred to the Committee on Administration and Finance.



Action Contemplated


Councillor Turiel                       Moved Adopted                                   Voted

______________________________________________________________________________

Councillor Turiel

ORDER:  That the Committee of the Whole, meet to review the zoning of the parcel at 331-333 Lafayette Street and affirm that any variances allowing construction of projects not in accordance with the current B-1 zoning will be opposed by the City Council as a body.


Action Contemplated


Councillor Turiel                       Moved Adopted                                   Voted

______________________________________________________________________________





MOTIONS, ORDERS, AND RESOLUTIONS


Councillor Famico


ORDERED: That the Committee on Government Services meet to discuss the paving plan and preservation of historic Belgian Blocks (cobble stones).~



Action Contemplated


Councillor  Famico                      Moved Adopted                                   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

TAG DAY                 S.H.S. Girls Basketball, Dec. 12, 2015, Jan. 16, 2016 & Jan. 30, 2016

        


Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted


Councillor Siegel offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a taxi operator hearing for Alexander Hernandez has considered said matter and would recommend that his taxi operator license be granted




Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted


Councillor Siegel offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a taxi operator hearing for Kelvin Pena has considered said matter and would recommend that the matter be discharged due to the applicant withdrawing his request for a hearing and license


Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted









COMMITTEE REPORTS

Councillor Siegel offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of taxi cab limits has considered said matter and would recommend that the matter remain in committee




Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted


Councillor Siegel offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of authorizing the Mayor to execute a Sewer Easement Agreement with the Salem State University Assistance Corp. through the Central Campus from Monroe Road to Loring Ave. has considered said matter and would recommend (action unknown meeting took place after agenda deadline)



Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted


Councillor Siegel 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 fines for fireworks for the sale, keeping or offering for sale and the use of firing of explosives 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 Turiel offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred a $10,000.00 increase in CPA funding for the House of Seven Gables Hawthorne Birthplace Roofing Project per CPC recommendation 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, Safety & Environment co-posted with the Committee of the Whole to whom was referred the matter to hold a public forum to discuss the Opioid Abuse Crisis in Salem and throughout the Commonwealth has considered said matter and would recommend that the matter remain in Committee.




Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted




















COMMUNICATIONS FROM CITY OFFICIALS

NONE










PETITIONS

Petition from National Grid to install one single-owned pole and relocate a single owned pole and also install conduits at on Lafayette St.





                                        HEARING ORDERED JULY 16, 2015


Held from the last meeting, request from owners of Paaastelitos Restaurant located at 101 Lafayette Street for two benches to be placed outside of establishment at their entrance way





Action Contemplated



Councillor McCarthy                     Moved                                           Voted


Request from Salem Time Machine located at 131 Essex Street for a sidewalk tent during Haunted Happenings




Action Contemplated



Councillor McCarthy                     Moved                                           Voted









PETITIONS

Request from Paranormal Salem to extend their hour of operation until 11:30 P.M. as granted in the past with the condition of limiting the group to sixteen (16) and avoid residential areas.



Action Contemplated



Councillor Famico                               Moved                                           Voted
______________________________________________________________________________

Petition from McIntire District Neighborhood Coalition to introduce the Council to the formation of
the Coalition, its members and purpose



Action Contemplated


Councillor Famico                               Moved                                           Voted


Request from residents of English Street (Between Essex St. and Cousins St.) to hold a Block party on August 23, 2015 from 1:00 P.M. to 6:00 P.M. with a rain date of August 30, 2015


Action Contemplated



Councillor       McCarthy                       Moved Granted                                   Voted












PETITIONS

The Following License Applications:

PUBLIC GUIDES:  Ninoska Nina Brito, 17 West Ave., Salem
        Colin Mageary, 605 Eastern Ave. Lynn    
        Beth Crowley, 10 Burnside St., Salem
        Leigh Cochran, 24 Norman St., Salem

                        
Action Contemplated


Councillor Siegel                       Moved Granted                                           Voted   


The Following Licenses

TAG DAYS:                       S.H.S. Gymnastics, 12/19/15 & 1/23/16
                                S.H.S. Lacrosse, 4/9/16 & 5/14/16
                                S.H.S. Girls Softball, 4/30/16 & 5/7/16


Action Contemplated


Councillor Siegel                       Moved Refer to Comm. on Ord.                    Voted
                                        Lic. & Legal Affairs


The Following Drainlayer/Contract Operator Licenses:

        Charles Zaher (Bond Under - Abbot Building Restoration) 19 Locke Rd., Chelmsford
        D&M Civil Inc., 189 North Main Street, Middleton
        United Civil Inc., 30 Log Bridge Road, Middleton
        Phoenix Communication, 25 Bowditch Dr., Shrewsbury


Action Contemplated


Councillor Siegel                       Moved Granted                                   Voted




PETITIONS

The Following Claims:                                           
                                Jason Doviak, 10 Laurent Rd., Salem
                                James Ainsworth, 931 Mercer St., Atlanta, GA
                                Lauren Richard, 36 Forrester St., Salem
                                                                
                                
Action Contemplated



Councillor Siegel               Moved Referred to Comm. on Ord., Lic. &                 Voted
                                Legal Affairs


The Following Bonds:

DRAINLAYER:     Abbot Building Restoration (for Charles Zaher) 19 Locke Rd., Chelmsford
                        D&M Civil Inc., 189 North Main Street, Middleton
                        United Civil Inc., 30 Log Bridge Road, Middleton
                        Phoenix Communication, 25 Bowditch Dr.,Shrewsbury


Action Contemplated



Councillor Siegel               Moved Referred to Comm. on Ord., Lic. &                 Voted
                                Legal Affairs and Returned Approved









UNFINISHED BUSINESS

SECOND PASSAGE BOND ORDER for the sum of $14,145,000.00 for Capital equipment items and improvement projects FY16 CIP Water/Sewer




Councillor Turiel               Moved adoption for second and final passage by roll call vote

                                                        YEAS            NAYS            ABSENT



SECOND PASSAGE BOND ORDER for the sum of $4,408,715.00 for Capital equipment items and improvement projects FY16 CIP General Fund





Councillor Turiel               Moved adoption for second and final passage by roll call vote

                                                        YEAS            NAYS            ABSENT



SECOND PASSAGE Ordinance amending Ch. 36, Sec. 36-6 Solid Waste Collection Fee






Councillor Siegel               Moved adoption for second and final passage             Voted


SECOND PASSAGE Ordinance amending Ch. 46, Sec. 66 Rates for Use of Water







Councillor Siegel               Moved adoption for second and final passage             Voted
UNFINISHED BUSINESS


SECOND PASSAGE Ordinance amending Ch. 46, Sec. 230 Sewer Use Charge







Councillor Siegel               Moved adoption for second and final passage             Voted

______________________________________________________________________________

SECOND PASSAGE Ordinance amending Ch. 10, Sec. 10-24 Boat Slip Fees







Councillor Siegel               Moved adoption for second and final passage             Voted

______________________________________________________________________________

SECOND PASSAGE Ordinance Traffic Ch. 42, Sec. 50B, Handicapped Parking Limited Time, Barstow Street







Councillor Gerard               Moved adoption for second and final passage             Voted

______________________________________________________________________________




On the motion of Councillor                              the meeting adjourned at                 P.M.