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City Council Agenda 07/16/2015
“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,
July 16, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on July 9, 2015 at 5:13 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 operation and sale of the Salem Transfer
Station to Northside Carting.               

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, City Engineer and
Director of Public Services the strategy with respect to litigation, which is imminently likely, as a
Result to fail to convey the property to Northside Carting. 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 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

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




IN FAVOR:













OPPOSED:












HEARING CLOSED:



ACTION CONTEMPLATED




COUNCILLOR O’KEEFE                            MOVED                           VOTED

APPOINTMENTS AND REAPPOINTMENTS

Held from the last meeting, 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)




Action Contemplated




Councillor Eppley               Moved Confirmation by RCV               Yeas            Nays        Absent


Mayor’s appt. of Matthew Christensen to serve as a Constable with the term to expire on June 26, 2016


Action Contemplated



Councillor Siegel                       Moved Received & Filed                                  Voted           


Mayor’s appt. of Shawn Newton to serve as a Constable with the term to expire on February 11, 2016


Action Contemplated



Councillor Siegel                       Moved Received & Filed                                  Voted           








COMMUNICATIONS FROM THE MAYOR

Appropriation of $600,000.00 from “Fund Balance – Free Cash” account to “Stabilization Fund’ & Retirement Stabilization Fund”

$200,000.00             to      Stabilization Fund

$400,000.00             to      Retirement Stabilization Fund


Councillor Gerard               Moved suspension of rules               Councillor                      Object


Action contemplated


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

Appropriation of $298,464.65 to the “Retirement Stabilization Fund – Vacation /Sick Leave Buyback” account for the retirement of School Department employees


Councillor Gerard               Moved suspension of rules               Councillor                      Object


Action contemplated


Councillor Gerard               Moved Ref. to Committee on Administration
                                And Finance                                                             Voted
                                Or Adoption
______________________________________________________________________________                  
Transfer of $134,426.00 from “HR/Treasurer – Medical Insurance” to “Essex Tech Assessment” and “HR/DPS” to “Contracted Services”  account

                $109,921.00             to      Essex Tech Assessment

                  $26,505.00            to      Contracted Services     

Action contemplated

Councillor Gerard                       Moved Adoption                                          Voted
                                
COMMUNICATIONS FROM THE MAYOR


Appropriation of $100,000.00 from “Capital Outlay Repairs” account to be expended for the repair of hydrants damaged during the winter



Councillor Gerard               Moved suspension of rules               Councillor                      Object


Action contemplated


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

Appropriation of $18,250.87 from “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the contractual buyback for retirement of Michael Bick.



Councillor Gerard               Moved suspension of rules               Councillor                      Object


Action contemplated


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

ORDER: Authorize Mayor to execute on behalf of the City of Salem, a Grant of Easement with Mass. Electric Co. for an aerial line crossing 22 Thorndike Street.





Councillor Siegel               Moved Approval                                                  Voted

______________________________________________________________________________


COMMUNICATIONS FROM THE MAYOR


ORDER: HOME RULE PETITION to convert 1 seasonal license to an annual license for sale of wines and malt beverages to be drunk on the premises for Bambolina located at 288 Derby Street.






Councillor Siegel                       Moved Adoption by Roll Call Vote        

                                                        Yeas,           Nays,           Absent  


ORDINANCE: amending Traffic Ch. 42 Sec. 75 Parking Prohibited (Resident Sticker Parking) from October 1 to November 1 on the following streets:

Margin Street, Endicott Street, High Street, Summer Street, Broad Street, Winthrop Street, Hathorne Street, Oliver Street, Williams Street, Union Street, Northey Street, Downing Street, Mt. Vernon Street, Pratt Street, Prescott Street




Councillor Siegel                       Moved Adoption for first passage                                Voted

______________________________________________________________________________

ORDINANCE: amending Traffic Ch. 42 Sec. 17A Schedule of Fines (during the month of October) violation of Section 75  (Resident Sticker Parking)

$15 Fine/$40 Fine during Month of October

Replace with: $15 Fine/$40 Fine on Friday, Saturday and Sunday during Month of October


Councillor Siegel                       Moved Adoption for first passage                                Voted

______________________________________________________________________________




COMMUNICATIONS FROM THE MAYOR


ORDER: Authorize Mayor to enter into a five year Lease-to-Own Agreement with All American Investment Group LLC for a new Elgin Pelican Sweeper.





Councillor Siegel                       Moved Adoption by Roll Call Vote        

                                                        Yeas,           Nays,           Absent  


Request from the Mayor to meet in Executive Session, in order to discuss the operation and sale of the Salem Transfer Station to Northside Carting.




Councillor Siegel                       Moved to hold executive session                         Voted

______________________________________________________________________________

Request from the Mayor to address the City Council regarding the Mayor Jean Levesque Community Life Center.




Councillor Siegel                       Moved Receive & File                                    Voted

______________________________________________________________________________












MAYOR’S INFORMATIONAL PAGE

NONE








MOTIONS, ORDERS, AND RESOLUTIONS

Councillor Siegel

ORDINANCE: amending Traffic Ch. 42, Sec. 50B “Handicapped Zones, Limited Time” Phelps Street in front of #15, for a distance of 20 feet, Handicap Parking, Tow Zone


Action Contemplated

Councillor Siegel                       Moved Adopted for first passage                 Voted

______________________________________________________________________________

Councillor Eppley

ORDINANCE: amending Traffic Ch. 42, Sec. 49 “Obedience to Isolated Stop Sign” Witchcraft Road, south bound traffic on Witchcraft Road Stop at Puritan Road, Stop Sign.



Action Contemplated


Councillor Eppley                       Moved Adopted for first passage                 Voted

______________________________________________________________________________

Councillor Gerard

ORDINANCE: amending Traffic Ch. 42, Sec. 50B “Handicapped Zones, Limited Time” North Street in front of #184 ½, as marked by sign, Handicap parking, tow zone.


Action Contemplated

Councillor Gerard                       Moved Adopted for first passage                 Voted









MOTIONS, ORDERS, AND RESOLUTIONS


Councillor Gerard

ORDINANCE: amending Traffic Ch. 42, Sec. 50B “Handicapped Zones, Limited Time” Barr Street in front of #18, for a distance of 20 feet, Handicap Parking, Tow Zone


Action Contemplated

Councillor Gerard                       Moved Adopted for first passage                 Voted


______________________________________________________________________________

Councillor O’Keefe

ORDER: That the attached article from the Boston Globe relative to the CPA money be received and placed on file




Action Contemplated

Councillor O’Keefe                    Moved Adopt                                             Voted

______________________________________________________________________________

Councillor Gerard

ORDER:  That the Committee on Public Health, Safety & Environment co-posted with the Committee of the Whole meet to discuss parking issues on Howard Street



Action Contemplated

Councillor Gerard                       Moved Adopt                                             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. 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

        


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 Tag Day Application submitted by Organized Basketball 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 Extended Hours for Paranormal Salem has considered said matter and would recommend that the extended hours be granted



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 co-posted with the Committee of the Whole to whom was referred the matter of an Ordinance Amending Chapter 10 Section 10-4, Harbormaster’s appointment, term, powers & duties, compensation has considered said matter and would recommend adoption for first passage





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 Extended Hours of Operation for Paaastelitos Restaurant located at 101 Lafayette St. 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 co-posted with the Committee of the Whole to whom was referred the matter of placing two (2) benches outside the entrance of Paaastelitos Restaurant has considered said matter and would recommend that the matter remain in committee




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 co-posted with the Committee of the Whole to whom was referred the matter of a Home Rule Petition to convert the annual wine and beer licenses currently held by Brodie’s Seaport, Howling Wolf Taqueria and Naumkeag Ordinary to an annual all alcohol license to be drunk on the premises 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 a Home Rule Petition for the sale of wine and malt beverages for Vesuvius Restaurant to be drunk on the premises (2 Paradise Rd.) has considered said matter and would recommend (action unknown meeting took place after agenda deadline)





Accept the Report                               Voted

                                                        Adopt the Recommendation                Voted


Councillor Gerard offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of designating up to fifty (50) total reserve parking spaces in the Museum Place Mall and South Harbor Garages with a permit cost of $1,500.00 per year and to expire on June 30, 2016 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 Eppley offered the following report for the Committee on Public Health, Safety & Environment to whom was referred the matter creating an ordinance for standards of outdoor illumination of streets and public ways has considered said matter and would recommend that the matter remain in committee




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 of a traffic ordinance relative to Ch. 42 Sec. 10A “Restricted Way Certain Times” on Chase Street                      has considered said matter and would recommend that the matter remain in committee




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 of prohibited amplification by and devices on Essex Street and Downtown Streets for the month of October 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 Verizon to install conduits on Federal Street




                                HEARING ORDERED SEPTEMBER 10, 2015


Petition and Order from National Grid to relocate one (1) SO Pole on Harmony Grove Road
(No Hearing required since pole is being moved to another location on the same parcel of property)


Action Contemplated


Councillor Gerard                               Moved                                           Voted

Held from the last meeting the request from Salem Time Machine located at 131 Essex Street for a sidewalk tent during Haunted Happenings




Action Contemplated



Councillor McCarthy                     Moved                                           Voted


Request from Adam Fitch to hold a walk (Zombie Walk) and use of city streets on Saturday, October 10, 2015


Action Contemplated



Councillor Famico                               Moved                                           Voted





PETITIONS

Request from residents of Moffatt Road to hold a Block party on Saturday, August 15, 2015 from Noon – 9:00 P.M.  


Action Contemplated


Councillor       O’Keefe                              Moved Granted                                   Voted


Request from residents of Peabody Street to hold a Block party on Sundays, August 23 & 30, 2015 and September 6 & 13, 2015 from 7:00 P.M. – 9:00 P.M.  


Action Contemplated


Councillor       McCarthy                       Moved Granted                                   Voted


Request from residents of Salem Street to hold a Block party on Saturday, July 18, 2015 from
7:00 A.M. to 7:00 P.M.


Action Contemplated


Councillor       McCarthy                       Moved Granted                                   Voted


Request from residents of Orchard Street to hold a Block party on Saturday, September 12, 2015 from 4:00 P.M. to 10:00 P.M.


Action Contemplated


Councillor       Gerard                         Moved Granted                                   Voted






PETITIONS

The Following License Applications:

PUBLIC GUIDES:          Michael Falchek, 3 Lemon St., Salem
                Greg Besher, 8 Fidelis Way Unit 265, Brighton

TAXI OPERATORS:                 Rafael Lugo-Espaillat, 12C Summer St., Manchester
                Annable Gomez Tejada, 10 First St., Salem
                Julio DeJesus, Jr., 25 Loris Rd., Peabody
                Mauro Fernandez, 78 Palmer St., Salem
                Ana Espaillat, 12C Summer St., Manchester
                Carrasco Rafael, 34 Prince St., Salem
                Edwin Carmona, 100 Rainbow Ter., Salem
                Douglas Stephens, 32 Broadway, Beverly
                Domingo Espinal, 60 Dow St., Salem

VEHICLE FOR HIRE:               Salem Trolley, 8 Central St., Salem     (6 Trolleys)
                        

                        
Action Contemplated


Councillor Siegel                       Moved Granted                                           Voted   


The Following Licenses

SECOND HAND CLOTHING:           Laurabelle’s Boutique, 52 Highland Ave., Salem

SECOND HAND VALUABLE:           RAD Corporation, 63A Wharf St., Salem

                


Action Contemplated


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





PETITIONS

The Following Claims:                                           
                                
                                Stephanie Moffat, 13 Emerton St., Salem
                                                                
                                
Action Contemplated



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


The Following Bonds:

CONSTABLE:              Matthew Christensen, 43 Intrepid Circle, Marblehead


Action Contemplated



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







UNFINISHED BUSINESS

NONE





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