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MINUTES- 02-28-2013
“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.”

A Regular Meeting of the City Council held in the Council Chamber on Thursday,
February 28, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 21, 2013 at 6:12 P.M.  This meeting is being taped and is live on S.A.T.V.   

        
       Councillors Prevey and Sargent were recorded as absent.

       Council President Ryan presided.


Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.


President Ryan requested that everyone please rise to recite the Pledge of Allegiance.



PUBLIC TESTIMONY

  • James Crosby – 125 Canal St. Crosby’s Market – Ordinance relative to Shopping carts



#127 - HEARING

On the matter of an Order from  National Grid to utilize an open position on the Congress Street Bridge for the attachment of a duct bank to be used for the relocation of a 115kV transmission line (Preliminary approval for availability and use of bay only), the matter was withdrawn.


#128 – #129 CONSTABLES

The Mayor’s appointment of James Billings to serve as Constable with a term to expire on February 1, 2014, and reappointment Mark Finer to serve as Constable with a term to expire on March 8, 2016of was received and placed on file.


#130 – APPROPRIATION TO POLICE – ELECTIONS

        The following Order recommended by the Mayor was adopted under suspension of the rules.

        ORDERED: That the sum of Nineteen Thousand Two Hundred and Twenty Dollars ($19,220.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Police – Elections” account in accordance with the recommendation of Her Honor the Mayor.


#131 – APPROPRIATION TO GOLF COURSE – RENOVATIONS & REPAIRS

The following Order recommended by the Mayor was referred to the Committee on Administration and Finance.

        ORDERED: That the sum of Two Thousand Dollars ($2, 000.00) is hereby appropriated from the “Receipts Reserved – Golf Course” account to “Golf Course – Renovations & Repair” account in accordance with the recommendation of Her Honor the Mayor.


#132 – ACCEPT MASS. GENERAL LAW CH. 44, SEC. 53E ½ FOR REVOLVING ACCOUNT

The following Order recommended by the Mayor was referred to the Committee on Administration and Finance.

ORDERED: That the City of Salem approves adoption of a Harbormaster Boat & Float Storage revolving account in accordance with M.G.L. Chapter 44, Section 53E1/2 which authorizes special purpose revolving accounts in accordance with the recommendation of Her Honor the Mayor.




#133 – RESOLUTION FOR JACQUELINE’S WHOLESALE BAKERY INC. DESIGNATING IT AS ECONOMIC OPPORTUNITY AREA

The following corrected Resolution recommended by the Mayor was adopted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel, Sosnowski, Siegel, McCarthy, Legault, O’Keefe, Furey and Carr were recorded as voting in the affirmative. Councillors Sargent and Prevey were recorded as voting in the negative.



RESOLUTION:

WHEREAS:        Jacqueline’s Wholesale Barker, Inc. (hereinafter “JACQUELINES’S”) wishes to expand their gourmet frozen cookie manufacturing business located at 96 Swampscott Road, Unit 1, Salem, MA into 96 Swampscott Road, Unite 2, Salem, MA; and

WHEREAS:        96 Swampscott Road, Unit 1, Salem, MA, known as Assessor’s Parcel ID 07-0070-01 (hereinafter “Unit 1”) is owned by JACQUELINE’S; and

WHEREAS:        96 Swampscott Road, Unit 2, Salem, MA, known as Assessor’s Parcel ID 07-0070-02 (hereinafter “Unit 2”) is owned by MH, LLC; and

WHEREAS:        Unit 1 and Unit 2 are owned by commonality of interest, having the same owner; and

WHEREAS:        the City of Salem (hereafter “CITY”) is willing to grant tax concessions in return for a guarantee of the lease and renovation of an additional +/- 12,000 sq. ft. of manufacturing and warehouse facility space and the creation of employment opportunities for local workers;

NOW, THEREFORE, BE IT RESOLVED that the Salem City Council hereby

  • Requests that the Commonwealth of Massachusetts designate an area of the city that includes Unit 1 and Unit 2 as an Economic Opportunity Area (EOA) hereinafter called site specifice Jacqueline’s Economic Opportunity Area; and
  • Endorses the use of Tax Increment Financing as a tool to encourage economic development within the Site Specific Jacqueline’s Economic Opportunity Area, and approves the Tax Increment Financing Plan negotiated by the CITY and JACQUELINE’S, and
  • Provides for a tax exemption for Unit 2 for a period of five (5) years, beginning the first full fiscal tax year after Certificate of Occupancy is issued for Unit 2 in accordance with the schedule below:
Term                            Exemption %
  • 100%
  • 80%
  • 60%
  • 40%
  • 20%
Said exemption being in accordance with M.G.L. Chapter 23A, Section 3E, Chapter 40, Section 59,
Section 5.

BE IT FURTHER RESOLVED that the Mayor is hereby authorized, on behalf of the City, to enter into a Tax Increment Financing Agreement, a copy of which is attached hereto, with MH, LLC.




#134 – RESOLUTION FOR JACQUELINE’S WHOLESALE BAKERY INC. T.I.F. AGREEMENT

The following Tax Increment Financing Agreement recommended by the Mayor was adopted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel, Sosnowski, Siegel, McCarthy, Legault, O’Keefe, Furey and Carr were recorded as voting in the affirmative.
Councillors Sargent and Prevey were recorded as voting in the negative.

TAX INCREMENT FINANCING AGREEMENT

CITY OF SALEM, MASSACHUSETTS,

MH,LLC
and
JACQUELINE’S WHOLESALE BAKERY, INC.

This agreement is made this 11th day of February, 2013 by and between the City of Salem, a municipal corporation duly organized under the laws of the Commonwealth, of Massachusetts, having a principal place of business at City Hall, 93 Washington Street, Salem, Massachusetts, 01970, acting through the Mayor, Kimberley Driscoll, (herinafter called the CITY), MH, LLC, a Massachusetts limited liability company having a principal place of business at 96 Swampscott Road, Unit 1, Salem, MA 01970 (hereinafter called the “COMPANY”), AND Jacqueline’s Wholesale Bakery, Inc., a Massachusetts corporation, with a principal place of business at 96 Swampscott Road, Unit 1, Salem, MA 01970 (hereinafter called “JACQUELINE’S”).

WHEREAS: The COMPANY owns certain real estate on Swampscott Road U2, Salem,                                         Massachusetts known as Assessor’s Parcel ID 07-0070-802 (the “PROPERTY”), and

WHEREAS: The COMPANY and JACQUELINE’S propose to enter into a lease or similar arrangement for the PROPERTY, and

WHEREAS: JACQUELINE’S wishes to expand its gourmet frozen cookie manufacturing business into the PROPERTY; and

WHEREAS: the City, by vote of the City Council, requests that the Economic Assistance Coordinating Council (the “EACC”), pursuant to Chapter 23A, Section 3E, designate as an Economic Opportunity Area (“EOA”) an area of the City which includes the PROPERTY on which the COMPANY owns and JACQUELINE’S wishes to expand its manufacturing operation, hereinafter called Site Specific Jacqueline’s Economic Opportunity Area; and

WHEREAS: the CITY is willing to grant tax concessions in return for guarantee of the lease by JACQUELINE’S and renovation of the +/- 12,000 sq. ft. manufacturing and  warehouse facility and the creation of employment opportunities for local workers; and

WHEREAS: the Salem City Council resolved on February 28, 2013 to endorse the Tax Increment Financing Plan negotiated by the CITY, COMPANY and JACQUELINE’S.

WHEREAS: the Salem City Council resolved on February 28, 2013, to allow the use of Tax Increment Financing as a tool to encourage economic development within the Site Specific Jacqueline’s Economic Opportunity Area; and

NOW, THEREFORE inconsideration of the mutual promises contained herein, the parties do mutually agree as follows:

  • THE COMPANY’S OBLIGATION
  • The Company shall enter into a lease or similar agreement with JACQUELINE’S to enable expansion of its manufacturing business. For exact location of the PROPERTY, refer to Attachment, “Exhibit A.”
  • During the life of this agreement, if the COMPANY decides to sell the PROPERTY or to otherwise transfer control of the PROPERTY thereof, the COMPANY shall give the CITY at least a three month notice of said sale or transfer. Said notice shall be given by certified mail, return receipt requested, to the Mayor, City Hall, 93 Washington Street, Salem, Massachusetts 01970.
  • JACQUELINE’S OBLIGATIONS
  • JACQUELINE’S shall enter into a lease or similar agreement with the COMPANY enabling expansion of its manufacturing business and the creation of new jobs.
  • During the life of this agreement, if JACQUELINE’S decides to sell or to discontinue the operations thereof, JACQUELINE’S shall give the CITY at least three month notice of said termination or sale. Said notice shall be given by certified mail, return receipt requested, to the Mayor, City Hall, 93 Washington Street, Salem, Massachusetts 01970.
  • THE CITY’S OBLIGATIONS
  • the CITY shall grant a tax increment financing exemption to the COMPANY in accordance with Massachusetts General Laws, Chapter 23A, Section 3E, Chapter 40, Section 59, and Chapter 59 Section 5. Said exemption shall be granted on the improvements to the FACILITY. During each year of this agreement, the COMPANY will pay taxes based on the portion of the value of the PROPERTY which is not exempt under the agreement.
  • The term of the exemption (“TERM”) shall commence as of the first full fiscal tax year after Certificate of Occupancy is issued for the PROPERTY and shall continue for Five (5) years. For the TERM the COMPANY will pay taxes on a percentage of the value of the PROPERTY and be granted an exemption of a percentage of the full value of the PROPERTY, as follows:
TERM                    EXPEMPTION%
  • 100%
  • 80%
  • 60%
  • 40%
  • 20%

In year six (6), the COMPANY will pay taxes on the full assessed value of the PROPERTY.

  • OTHER CONSIDERATIONS
  • This Tax Increment Financing Agreement shall be binding on all subsequent owners of the property. The City of Salem reserves the right to review and renegotiate the Tax Increment Financing Agreement if the business activity ceases to be fully operational during the life of the Tax Increment Financing Agreement.
  • If the COMPANY or JACQUELINE’S decides to expand the facility at any time during the life of the Tax Increment Financing Agreement, the CITY, JBWI and the COMPANY may renegotiate the Tax Increment Financing Agreement to exempt all part of the value of the expansion from property taxes. The exact amount of that exemption will be determined at the time of expansion.
Executed as a sealed instrument on the day and year first above written.

CITY OF SALEM                                   MH,LLC.

Kimberley Driscoll, Mayor                               Marc Hazel, President

                                                JACQUELINE’S WHOLESALE BAKERY INC.
                                                Marc Hazel, President
        

#135 – AUTHORIZE MAYOR TO CONVEY A PERPETUAL HISTORIC PRESERVATION RESTRICTION ON NORTH STREET FIRE STATION

        The following Order recommended by the Mayor was adopted by a roll call vote of 9 yeas, 0 nays 2 absent. Councillors Turiel, Sosnowski, Siegel, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillors Sargent and Prevey were recorded as voting in the negative.

        ORDERED: to authorize the Mayor to convey a perpetual historic preservation restriction encumbering the North Street Fire Station, located at 142 North Street, and having a property assessors parcel identification number of 27-0251, to the Commonwealth of Massachusetts, by and through the Massachusetts Historical Commission, on such terms and condition and for such consideration, as deemed appropriate, as a stipulation of Massachusetts Preservation Projects Fund (MPPF) grant application to restore sections of the fence.


#136 – ORDINANCE  MANDATORY RECYCLING

        The following Ordinance recommended by the Mayor was referred to the Committee of the Whole.

In the year two thousand and thirteen

An Ordinance to amend an ordinance relative to mandatory recycling

Be it ordained by the City Council of the City of Salem, as follows:

Section 1.  Chapter 36. Solid Waste Management is hereby amended by adding the following new paragraphs at the end of both sections 36-5 and 36-7:

“Massachusetts Code of Regulations, 310 CMR 19.017, the Massachusetts Department of Environmental Protection Waste Disposal Ban Regulations, imposes restrictions on the disposal or transfer for disposal of certain recyclable materials listed within the Regulation. To ensure conformance with the Regulations, any person who shall place solid waste curbside for collection by the City of Salem or its designated solid waste hauler shall simultaneously place curbside a designated recycling receptacle(s) containing waste prohibited from disposal and suitable for recycling under the city’s recycling program including aluminum containers, recyclable paper, metal, glass and single polymer plastics. The City of Salem and/or its designated hauler shall not collect any solid waste placed curbside that is not accompanied by a properly marked recycling receptacle placed curbside and containing recyclable material. In the event that recyclables are collected prior to the collection of solid waste suitable for disposal, an emptied recycling receptacle must remain curbside until the solid waste has been collected.

Any person violating this section shall receive a written notice mailed to the owner of the property outlining the requirement of this section after the first offense, a written warning shall be mailed to the owner of the property following a second offense and a $25.00 fine shall be imposed upon the owner of the property for a third and subsequent offenses. The Health Agent and his agents and the City Engineer and his designees shall have the power to enforce this section.”

Section 2. Chapter 36 is further amended by deleting section 36-9 in its entirety.

Section 3. This ordinance shall take effect as provided by City Charter.


#137 – AUTHORIZE MAYOR TO ENTER INTO 5 YEAR CONTRACT FOR SOLID WASTE & RECYCLING COLLECTION & TRANSPORTATION

        The following Ordinance recommended by the Mayor was referred to the Committee of the Whole.


ORDERED: The Mayor is hereby authorized to enter into a five (5) year contract for Solid Waste and Recycling collection and Transportation with Northside Carting Inc. for a contract term commending July 1, 2013 and terminating June 30, 2018.

(Contract can be viewed in the City Clerks office during normal working hours.)


#138 - AUTHORIZE MAYOR TO ENTER INTO A CONTRACT FOR ACCEPTANCE & PROCESSING OF RECYCLING MATERIALS


        The following Ordinance recommended by the Mayor was referred to the Committee of the Whole.


ORDERED: The Mayor is hereby authorized to enter into a contract for the Acceptance and Processing of Recyclable Materials with the Newark Group, Inc. for a contract term to commence July 1, 2013 and terminate June 30, 2016 with options to extend for two (2) additional years in one (1) year increments.

(Contract can be viewed in the City Clerks office during normal working hours.)

#139 - AUTHORIZE MAYOR TO ENTER INTO A CONTRACT FOR ACCEPTANCE & DISPOSAL OF SOLID WASTE


        The following Ordinance recommended by the Mayor was referred to the Committee of the Whole.


ORDERED: The Mayor is hereby authorized to enter into a contract for the Acceptance and Disposal of Solid Waste with Covanta Haverhill Associates for a term to commence July 1, 2013 and terminate June 30, 2018 with five (5) one-year options to renew.

(Contract can be viewed in the City Clerks office during normal working hours.)


#140 – MONTHLY FINANCIAL REPORT DATED JANUARY 31, 2013

Councillor McCarthy introduced the following Order, which was adopted.

ORDERED:  That the Monthly Financial Report dated January 31, 2013 be referred to the Committee on Administration and Finance.

(The Report can be viewed in the City Clerks office during normal working hours.)



#141 – YEAR TO DATE BUDGET REPORT DATED JANUARY 31, 2013

Councillor McCarthy introduced the following Order, which was adopted.

ORDERED:  That the Year to Date Budget Report dated January 31, 2013 be referred to the Committee on Administration and Finance.

(The Report can be viewed in the City Clerks office during normal working hours.)


#142 – ORDINANCE TRAFFIC HANDICAP PARKING WASHINGTON SQUARE NORTH

Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage.



In the year two thousand and thirteen

An Ordinance to amend an Ordinance relative to Traffic, Chapter 42 Section 50C, “Handicapped Zone, Bus Parking”

Be it ordained by the City Council of the City of Salem, as follows:

Section 1.   Washington Square North, in front of #29, starting at a point of twenty (20) feet north of Mall street for a distance of twenty (20) feet. “ Handicapped Bus Stop, Special Permit required, Tow Zone”

Section 2. This Ordinance shall take effect as provided by City Charter.

        
Councillor O’Keefe assumed the Chair.


#143 – BOND ORDER FOR NEW SENIOR LIFE CENTER

Councillor Ryan introduced the following Order, which was adopted by roll call vote of 6 yeas, 3 nays, 2 absent. Councillors Turiel, McCarthy, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillors Sosnowski, Siegel and Legault were recorded as voting in the negative. Councillors Sargent and Prevey were recorded as absent.

ORDERED:  That the Committee of the Whole meet on March 13, 2013 at 6:30 PM for the purpose of taking up the Bond Order for the new Committee Life Center and this meeting is to be held at the Council on Aging 5 Broad Street and the City Clerk be invited.


Councillor Ryan resumed the Chair.


#144 – SALARY OF THE SCHOOL COMMITTEE

        Councillor Furey introduced the following Order, which was adopted.

        ORDERED: That the Committee on Administration and Finance co-posted with Committee of the Whole meet to review and discuss Section 2-956 “Salary of the School Committee”. Invited members of the School Committee and City Solicitor

Councillor Sosnowski was recorded as opposed.


#145 – (#113 - #116) GRANTING LICENSES

Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation.

The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend approval.

SECOND HAND                     Penelope’s Consignment Closet, 96 Boston St., Salem
CLOTHING

SECOND HAND                     The Antique Company, 11 Central St., Salem
VALUABLE

TAG DAYS                                American Legion Salem Post #23, 5/31/13, 6/1-6/3/13, 7/5-7/8/13
                                        Salem Boys Soccer, 9/14/13 & 10/19/13


#146 – (#693 OF 2012) REPEALING HANDICAP PARKING #10 READ STREET

Councillor Sosnowski offered the following report for the Committee on Ordinances, Licenses and Legal.  It was voted to accept the report and adopt the recommendation.

The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of repealing a Traffic Ordinance relative to Chapter 42 Section 50B, “Handicap Parking” in front of #10 Read Street, has considered said matter and would recommend adoption for first passage.



#147 – (#84) APPROPRIATION FOR NEW SMART METERS

        Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.

The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of an Appropriation in the amount of $55,000.00 for the purchase of new smart meters has considered said matter and would recommend approval.






#148 – (#85) APPROPRIATION FOR TRENCH WORK FOR NEW KIOSKS AT BRIDGE AND CHURCH STREET LOTS      
                                        
Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.

The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of an Appropriation in the amount of  $18,000.00 for trench work for new kiosks at Bridge and Church St. Parking lots has considered said matter and would recommend approval.


#149 – (#86) APPROPRIATION FOR REPAIR OF FENCE AT MANSELL PARK

Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole.  It was voted to accept the report and adopt the recommendation by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel

The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of an Appropriation in the amount of  $7,800.00 for repair of the fence at Mansell Park has considered said matter and would recommend approval.


#150 – (#89) ABANDONED AND SURPLUS LAND ON WASHINGTON STREET

Councillor Turiel offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel, Sosnowski, Siegel. Legault, McCarthy, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillors Sargent and Prevey were recorded as absent.

Committee on Community and Economic Development co-posted with the Committee of the Whole to whom was referred the matter of the request to abandon and declare surplus a parcel of land located on Washington Street has considered said matter and would recommend that the parcel be declared surplus.






        Councillor O’Keefe assumed the Chair.

#151 – (#151A - #219) CPA COMMITTEE AND ORDINANCE

Councillor Ryan offered the following report for the Committee of the Whole. It was voted to accept the report. Councillor Ryan amended to make sure members are in good standing and the matter to remain in Committee.

The Committee of the Whole to whom was referred the matter of the matter of a Community Preservation Committee and the preparation of proposed language for the Ordinance has considered said matter and would recommend that the matter remain in Committee of the Whole.

#151A

In the year two thousand and thirteen

An Ordinance relative to Boards, commissions, Committees and Authorities, Community Preservation Committee

Be it ordained by the City Council of the City of Salem, as follows:

Section I. Chapter 2 is hereby amended by adding a new division within Article IV Boards, Commissions, Committees and Authorities as follows:

“ARTICLE IV. BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES
DIVISION 15. COMMUNITY PRESERVATION COMMITTEE

Sec. 2-1010. Established
There is hereby established a Community Preservation Committee, in accordance with the Massachusetts Community Preservation Act, M.G.L. Chapter 44B, consisting of nine (9) voting members.

Sec. 2-1011. Membership and Terms
The composition of the committee, the appointment authority and the term of office for the committee members shall be as follows:
(1) One member of the Conservation Commission as designated by the Commission for a term of three years.
(2) One member of the Historical Commission as designated by the Commission for an initial term of two years, and thereafter for a term of three years.
(3) One member of the Planning Board as designated by the Board for an initial term of one year, and thereafter for a term of three years.
(4) One member of the Park and Recreation Commission as designated by the Commission for an initial term of one year and thereafter for a term of three years.
(5) One member of the Housing Authority Board as designated by the Board for an initial term of two years and thereafter for a term of three years.
(6) Two members appointed by the City Council, two of the general public or in the alternative one member of the City Council recommended by the Council President and one member of the general public, to be appointed for a term of one year and thereafter for a term of two years for appoints from the general public.
(7) Two members of the general public to be appointed by the Mayor, confirmed by majority vote of the City Council, one member to be appointed for a term of one year and thereafter for a term of two years and one member to be appointed for a term of two years and thereafter for a term of three years.
(8) All members of the Committee must be Salem residents.

The Commissions, Boards, Council and Mayor who have appointment authority under this Division shall appoint such representatives within 45 days of the effective date of this ordinance. Should there be a vacancy or resignation in any of the Community Preservation Committee positions, the Commissions, Boards, Council or Mayor who have appointment authority under this Division shall appoint a new representative within 45 days of the first date of a known vacancy or resignation.

As a prerequisite to appointment to the Community Preservation Committee, a Commission or Board appointee must be in good standing, meaning that the member’s term of appointment from the Board or Commission shall not have lapsed.  In the event that a Committee member who is appointed by a Board or Commission has term of appointment to the underlying Board or Commission that lapses while he or she is a member of the Committee, that appointee shall be ineligible to vote on any matter before the Committee until the member is back in good standing or replaced.

Should any of the Commissions or Boards who have appointment authority under this Division be no longer in existence for whatever reason, the appointment authority for that Commission or Board  shall become the responsibility of the City Council.

Should the Mayor fail to appoint a committee member into his/her two allotted spots~within 45 days following adoption of this Division or a known vacancy, the appointment authority for that position shall be the City Council.

Should the City Council fail to appoint a committee member into their two allotted spots~within 45 days following adoption of this Division or a known vacancy, the appointment authority for that position shall be the Mayor.

Should any of the Commissions or Boards who have appointment authority under this Division fail to appoint a representative within 45 days following adoption of this Division or a known vacancy, the appointment authority for that position shall be the Mayor. In the event the Mayor appoints following a Commission or Board’s failure to do so, the individual chosen must be a current member in good standing of the Commission or Board and whose appointment shall be subject to approval of the City Council. In the event 45 additional days have lapsed since the Mayor was to appoint a member to the Committee from a Board or Commission and the Mayor fails to make such appointment, the City Council shall them become the appointing authority for that position.

Sec. 2-2012. Powers and Duties
(1) The community preservation committee shall study the needs, possibilities and resources of the city regarding community preservation. The committee shall consult with existing municipal boards, including the City Council, the conservation commission, the historical commission, the planning board, the park and recreation commissioners and the housing authority, or persons acting in those capacities or performing like duties, in conducting such studies. As part of its study, the committee shall hold one or more public informational hearings on the needs, possibilities and resources of the city regarding community preservation possibilities and resources, notice of which shall be posted publicly and published for each of two weeks preceding a hearing in a newspaper of general circulation in the city.  The committee may, after proper appropriation, incur expenses as permitted by state law using funds from the community preservation fund to pay such expenses.
(2) The community preservation committee shall make recommendations to the City Council for the acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of land for recreational use; for the acquisition, creation, preservation and support of community housing; and for the rehabilitation or restoration of open space and community housing that is acquired or created with Community Preservation Funds.  With respect to community housing, the community preservation committee shall recommend, wherever possible, the reuse of existing buildings or construction of new buildings on previously developed sites.  With respect to recreational use, the acquisition of artificial turf for athletic fields shall be prohibited.
(3) The community preservation committee may include in its recommendation to the City Council a recommendation to set aside for later spending funds for specific purposes that are consistent with community preservation but for which sufficient revenues are not then available in the Community Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general purposes that are consistent with community preservation.


Upon approval of any rule or regulation by the committee, a copy of the same shall be filed with the City Clerk and become effective as of the date of filing thereof unless the specific vote of the committee establishes a later effective date.

Sec. 2-2013. Amendments
This Division may be amended from time to time by a majority vote of the City Council, provided that the amendments would not cause a conflict to occur with MGL, Chapter 44B.

Sec. 2-2014. Severability
In case any section, paragraph or part of this division is for any reason declared invalid or unconstitutional by any court of last resort, every other section, paragraph or part shall continue in full force and effect.

Section II. This ordinance shall take effect as provided by city charter.



#152 – (#90) FIVE YEAR CONTRACT WITH BOSTON HARBOR CRUISES

Councillor McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole.  It was voted to accept the report and adopt the recommendation by roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel, Sosnowski, Siegel. Legault, McCarthy, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. Councillors Sargent and Prevey were recorded as absent.

The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a five (5) year contract with Boston Harbor Cruises has considered said matter and would recommend approval.


#153 – FREEMASONS REQUEST TO CHANGE DATE OF RESERVED PARKING SPACES

A request from Freemasons to change date of approved reserved parking spaces on Washington Street from March 28, 2013 to March 7, 2013, was granted.


#154 – REQUEST FROM ROBERT BLENKHORN TO MEET WITH COUNCIL

A request from Robert Blenkhorn to meet with Council regarding the reduction of the number of members on the Salem Board of Health and the issue of regionalization, was referred to the Committee of the Whole and that the Mayor, Mr. Blenkhorn, Health Agent, Board of Health and Solicitor be invited.


#155 - #156 – TAG DAYS

The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.

TAG DAYS                                S.H.S. Boys LaCrosse, 4/7/13 & 4/28/13
                                        S.H.S. Track Team (Boys Spring) 3/30/13, 4/6/13 & 4/14/13


#157 - #158 LICENSE APPLICATIONS

The following license applications were granted.

PUBLIC GUIDES                   Mark Gauthier, 40 Oak Ave., Peabody
                                        Jeffrey Swartz, 18 Leach St., Salem
                                        William Clemens, 49 Summer St., Danvers
PUBLIC GUIDES
CONTINUED                               Jeffrey Howard, 14 Proctor St., Gloucester
                                        Charles Galvin, 5 Warren St., Salem
                                        Conor Burke, 12 Juniper Rd., Hamilton
                                        Michael Handelman, 8A Chauncy St., Cambridge
                                        Cheryl McDonald, 61 Pierce Ave., Dorchester
                                        Brittnay Mitchell, 80 Cleveland Ave., Saugus
                                        Joyce Harrington, 27 Grant Rd., Salem
                                        Maryann Garnham, 7 March St. Ct., Salem
                                        Francis Pelletier, 24 Irving St., Salem
                                        Helen Jaworski, 81 Ocean Ave., Salem
                                        Robert Dee, 60 Highland Ave., Salem

TAXI CAB                                Salem Taxi, 27 Congress St., Salem              (12)

        

#159 – DRAINLAYER / CONTRACT OPERATOR

The following Drainlayer / Contract operator license applications were granted.

                        Ciciotti Construction, LLC, 145 Burrill St., Swampscott
                        DiBiase Corporation, 749 Lowell St., Lynnfield
                        E.B. Rotondi & Sons, Inc., 21 Manison St., Stoneham
                        EQ Enterprise Inc., 452 Essex St., Beverly
                        McLaughlin Construction Co. of Peabody, 72R Central St., Peabody
                        Peterson Construction, 210 Broadway, Lynn
                        

#160 - #161 CLAIMS

The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.          

        Elyse Bogacz, 25 Boardman St., Salem
        Lindsey Chastney, 460 Amesbury Rd., Haverhill
        

#162 - #164 BONDS

The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.     


CONSTABLE               James Billings, 20 Elwell St., Gloucester

DRAINLAYER              Ciciotti Construction, LLC, 145 Burrill St., Swampscott
                                DBiase Corporation, 749 Lowell St., Lynnfield


(#101A) SECOND PASSAGE ORDINANCE RELATIVE TO OFFENSES AND MISCELLANEOUS PROVISIONS

The matter of Second and Final Passage of an ordinance relative to Offenses and Miscellaneous Provisions was amended by adding a new section for abandoned shopping carts. The matter was referred to the Committee on Ordinances, Licenses and Legal Affairs for further review and to report out before June 1, 2013.





On the motion of Councillor O’Keefe the meeting adjourned at 8:40 P.M.




ATTEST:                                         CHERYL A. LAPOINTE
                                                        CITY CLERK