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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
February 13, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on February 6, 2014 at 6:21 P.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President McCarthy presided.
Councillor Eppley moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President McCarthy requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
- Kenneth Sawicki – 40 School Street, Salem – Shopping cart ordinance
- Robert Kennedy – 1- Bentley Street, Salem – Public Arts Commission
(#47) – HEARING TO INSTALL CONDUIT ON BRIDGE/BOSTON & GOODHUE STS.
Councillor Eppley moved to table the hearing until the next meeting of February 27, 2014, due to the representative from National Grid could not attend this meeting due to a snow storm. It was so voted.
(#94) – HEARING TO INSTALL CONDUIT ON ESSEX STREET
Councillor Famico moved to table the hearing until the next meeting of February 27, 2014, due to the representative from Comcast could not attend this meeting due to a snow storm, It was so voted.
(#48) – APPOINTMENT OF ABIGAIL BUTT TO COUNCIL ON AGING
Held from last meeting, Mayor’s appointment of Abigail Butt, 11 South St., to serve as a member of the Salem Council on Aging with a term to expire on March 1, 2017, was confirmed by unanimous roll call vote of 11, yeas, 0 nays, 0 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative.
#95 – APPOINTMENT OF ROBERT MILLERICK TO BOARD OF ASSESSORS
The Mayor’s appointment of Robert Millerick, 4 Gallows Circle, to serve as a member on the Board of Assessors with a term to expire on March 1, 2017, was held under the rules until the next meeting of February 27, 2014.
#96 – APPOINTMENT OF JACQUELINE ENG TO CEMETERY COMMISSION
The Mayor’s appointment of Jacqueline Eng, 29 Fairmount Street, to serve as a member on the Cemetery Commission with a term to expire on February 1, 2016, was held under the rules until the next meeting of February 27, 2014.
#97 – REAPPOINTMENTS OF DEPARTMENT HEADS
The Mayor’s re-appointment of the following Department Heads with their following terms to expire on January 31, 2016, was confirmed by unanimous roll call vote of 11, yeas, 0 nays, 0 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative.
Name Department
Nina Bridgman Assistant Finance Director
Lisa Cammarata Director of Human Resources
John E. Doyle Sealer of Weights & Measures
Lynn Goonin Duncan Director of Planning & Community Development
Katherine Fabiszewski Assistant Treasurer
John Girardi City Electrician
James Hacker Executive Director Parking
Whitney Haskell Purchasing Agent
David Knowlton City Engineer
Karen Partanen Parks, Recreation& Community Services Director
Sarah Stanton Finance Director/Auditor
Thomas J. St. Pierre Director of Inspectional Services
John M. Tomasz Director of Public Services
Kathy Winn Assistant Planning Director
#98 – APPROPRIATION FOR RESTORATION OF TOWN PUMP FOUNTAIN ON ESSEX STREET
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Eighty-Four Thousand ($84,000.00) Dollars is hereby appropriated within the “Capital Outlay – Renovation & Repairs ” account to be expended for the restoration of the Town Pump Fountain on Essex Street pedestrian mall in accordance with the recommendation of Her Honor the Mayor.
#99 – APPROPRIATION FOR REPAIR OF MACK PARK HOUSE & FOREST RIVER PARK HOUSE
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Thirty Thousand ($30,000.00) Dollars is hereby appropriated within the “Capital Outlay – Renovation & Repairs ” account to be expended for repair of the Mack Park house and the Forest River Park house in accordance with the recommendation of Her Honor the Mayor.
#100 – APPROPRIATION TO SICK LEAVE BUYBACK ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-Five Thousand ($25,000.00) Dollars is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for negotiated sick leave buyback provision as needed in accordance with the recommendation of Her Honor the Mayor.
#101 – APPROPRIATION TO PURCHASE TIRES FOR THE DPS LOADER
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Fifteen Thousand ($15,000.00) Dollars is hereby appropriated within the “Capital Outlay – Renovation & Repairs” account to be expended for the purchase of tires for the DPS Loader in accordance with the recommendation of Her Honor the Mayor.
#102 – ORDINANCE NAME CHANGE OF MAYORS CHIEF ADMINISTRATIVE AID TO CHIEF OF STAFF
The following Ordinance recommended by the Mayor was adopted for first passage.
In the year two thousand and fourteen
An Ordinance to amend an Ordinance relative to the title of the Chief Administrative Aide to the Mayor
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2, Sec. 2-108 entitled “Appointment of Chief administrative aide, executive secretary and director of constituent services to aid mayor” is hereby amended by deleting this section in its entirety and replacing it with the following:
“Chapter 2, Sec. 2-108. Appointment of chief of staff, executive secretary and director of constituent services to aid mayor.
The mayor may appoint, to aid in the performance of the duties of the office of mayor, a chief of staff, an executive secretary and a director of constituent services, each to hold office during the pleasure of the mayor and to perform under the mayor’s direction all such duties as the mayor may from time to time direct. The term of such employees shall not extend beyond the term of the mayor by whom they are appointed. The compensation of each such employee shall be fixed by the city council.”
Section 2. This ordinance shall take effect as provided by city charter.
#103 – ACT RELATIVE TO COMPOSITION OF BOARD OF HEALTH
The following Order recommended by the Mayor, was referred to the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole.
ORDERED: That a petition to the General Court, accompanied by a bill as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of
Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition:
AN ACT relative to the composition of the Salem Board of Health.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 654 of the acts of 1972 is hereby repealed.
SECTION 2. Notwithstanding the provisions of section 26 of chapter 111 of the General Laws, the Salem Board of Health shall consist of five persons, one of five persons, one of whom shall be a physician. No one of them shall be a member of the city council. Members shall be appointed in January for three years from the first Monday in February. The members shall be appointed by the mayor, subject to confirmation by the city council, and may be removed by the mayor for cause, and vacancies shall be filled by appointment for the residue of the unexpired term. Initial appointments or reappointments made under the provisions of this special act shall be made so that three of the five members of the board shall have terms which expire one year following the expiration of the remaining two members.
SECTION 3. This act shall take effect upon its passage.
#104 – COMMUNITY BENEFITS AGREEMENT WITH MOHEGAN SUN
The following Order recommended by the Mayor, was referred to the Committee on Community and Economic Development co-posted with the Committee of the Whole.
ORDERED: The Mayor is hereby authorized, on behalf of the City of Salem, to enter into a surrounding community benefits agreement with Mohegan Sun, for their proposed resort casino development intended for Suffolk Downs in Revere, Massachusetts. The community benefits agreement shall be subject to the award of a gaming license to Mohegan Sun and other conditions imposed by the Massachusetts Gaming Commission.
#105 – APPROPRIATION FOR SOIL REMEDIATION AND IMPROVEMENTS AT SPLAINE PARK
Received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of Three Hundred and Fifty-Seven Thousand, Nine Hundred and Seventy-Five ($357,975.00) Dollars is hereby appropriated within the “Capital Outlay – Renovation and Repair” account to be expended for the soil remediation and improvements at Splaine Park in accordance with the recommendation of Her Honor the Mayor.
#106 – APPROPRIATION FOR “ELECTRICAL – STREET LIGHTING”
Received after the deadline of Tuesday noon under suspension of the rules.
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That the sum of Two Hundred Thousand ($200,000.00) Dollars is hereby appropriated from the “Fund Balance – Free Cash” account to the “Electrical – Street Lighting” in accordance with the recommendation of Her Honor the Mayor.
#107 - MONTHLY FINANCIAL REPORT
Councillor Turiel introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated December 31, 2013 be referred to the Committee on Administration and Finance.
Councillor O’Keefe assumed the Chair.
#108 - ORDINANCE TRAFFIC TOW ZONE ON PEABODY STREET
Councillor McCarthy introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and fourteen
An Ordinance to amend an ordinance relative to traffic
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42 Section 74, “General Prohibition Tow Zone” is hereby amended by adding the following:
Peabody Street, northerly side starting at the easterly side of the driveway of #25 Peabody Street and extending for twenty (20) feet in an easterly direction, “No Parking Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor McCarthy resumed the Chair.
#109 – ORDINANCE TRAFFIC STOP SIGN APPLETON STREET
Councillor Gerard introduced the following Ordinance, which was adopted for first passage.
In the year two thousand and fourteen
An Ordinance to amend an ordinance relative to traffic
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42 Section 49, “Obedience to Isolated Stop Signs” is hereby amended by adding the following:
Appleton Street, southerly bound traffic at Liberty Hill Avenue, “Stop Sign”
Section 2. This Ordinance shall take effect as provided by City Charter.
#110 – RESOLUTION DESIGNATE SALEM AS A “PURPLE HEART CITY”
Councillor Eppley introduced the following Resolution which was adopted.
RESOLUTION:
WHEREAS: The award known as the Purple Heart has a history that reaches back to the
waning days of the American Revolution.~ The Continental Congress had
forbidden General George Washington from granting commissions and
promotions in rank to recognize merit.~ Yet Washington wanted to honor
merit, particularly among the enlisted soldiers.~ On 7 August 1782, his
general orders established the Badge of Military Merit; and
WHEREAS: This award was open only to enlisted men and granted them the distinction of~being~permitted to pass all guards and sentinels as could commissioned-officers.~ The names of the recipients were to have been kept in a “Book of Merit” (which has never been recovered); and
WHEREAS: Washington stated that the award was to be a permanent one, but once the Revolution ended, the Badge of Merit was all but forgotten until the 20th century.~ General John J. “Blackjack” Pershing suggested a need for an award for merit in 1918, but it was not until 1932 that the Purple Heart was created in recognition of Washington’s ideals and for the bicentennial of his birth; and
WHEREAS: The Purple Heart has undergone many changes with respect to the criteria for being awarded.~ At first, the Purple Heart was exclusively awarded to Army and Army Air Corps personnel and could not be awarded to the next of kin.~ In 1942, President Franklin Roosevelt signed an executive order allowing the Navy to award the Purple Heart to Sailors, Marines, and Coast Guard personnel.~ Also in that year, the Purple Heart was made available for posthumous award to any member of the military killed on or after 7 December 1942; and~
WHEREAS: Originally the Purple Heart was awarded for meritorious service.~ Being wounded was one portion of consideration for merit.~ With the creation of the Legion of Merit in 1942, the award of the Purple Heart for meritorious service became unnecessary and was therefore discontinued.~ The Purple Heart, per regulation is awarded in the name of the President of the United States of America to any member of the Armed Forces of the United States, who, while serving under the competent authority in any capacity with one of the U.S. Armed Services after 5 April 1917 has been wounded, killed or has died after being wounded.
NOW THEREFORE: ~On behalf of all Salem~recipients~of the Purple Heart, the City Council of the City of Salem do hereby designate Salem as a “Purple Heart City”, and submit this Resolution to the Department of Massachusetts, Military Order of the Purple Heart, and the National Office of said organization, for appropriate recognition of this Resolution.
#111 – POTENTIAL YEAR ROUND USE OF ARTIST ROW
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the Committee on Community and Economic Development co-posted with the Committee of the Whole meet to discuss the Artists Row space managed by the City of Salem for potential year round use.
#112 – COMPENSATION OF CITY COUNCIL
Councillor Eppley introduced the following Order which was adopted.
ORDERED: That the Committee on Administration and Finance co-posted with the Committee of the Whole meet to discuss City Ordinance Chapter 2 Section 2-271 regarding the compensation of the City Council, its effective date, and whether it should remain tied to the Mayor’s compensation.
#113 – POLICE DEPARTMENT REVOKING TAXI OPERATOR LICENSE
A letter received from the Salem Police Department revoking the taxi operator licenses for Sandy Gil was received and placed on file.
#114 – (#87 - #89) GRANTING CERTAIN LICENSES
Councillor O’Keefe 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 that the following license be granted
SEAWORMS Dylan Silva, 25 Driscoll St., Peabody
Jake Silva, 25 Driscoll St. Peabody
Manuel N. Silva, 80 Northend St., Peabody
SECOND HAND Queen of Hearts, 100 Wharf St., Salem
CLOTHING
TAG DAYS Disabled American Veterans, May 16-19, 2014 & Nov. 4-7, 2014
VFW 1524, May 23-26, 2014 & Nov. 8-11, 2014
Salem Veterans Council, July 1-4, 2014
S.H.S. Boys Soccer, September 13, 2014 & October 18, 2104
#115 – (#670 of 2013) ESTABLISING A PUBLIC ARTS COMMISSION
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
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 establishing a Public Arts Commission has considered said matter and would recommend that the ordinance remain in Committee co-posted with the Committee of the Whole.
#116 – (#18) ORDINANCE RELATIVE TO COUNCIL ON AGING DIRECTOR
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
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 to amend an ordinance relative to Chapter 2 Section 593 & 836 relative to the Council on Aging Director has considered said matter and would recommend adoption for first passage.
#117 – (#19) ORDINANCE RELATIVE TO FINGER PRINTING FEES
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
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 to amend an ordinance Chapter 14 Section 46F relative to fingerprinting fees has considered said matter and would recommend that the ordinance be referred back to the Committee and co-posted with the Committee of the Whole.
#118 – (#95 of 2013) ORDINANCE RELATIVE TO COMPENSATION OF THE MAYOR
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. . It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Amending an Ordinance to raise the Salary Compensation of the Mayor has considered said matter and would recommend that the matter be referred to the Committee on Administration & Finance co-posted with the Committee of the Whole for their review and recommendation per city ordinance and that the salary be raised to $120,000.00
#119 – (#62) ORDINANCE NON-DISCRIMINATION
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Amending an Ordinance relative to Chapter 2 Sec. 2055 & 2056 relative to Non-Discrimination has considered said matter and would recommend adoption for first passage.
#120 – ROAD RACE
A request from B&S Fitness to hold a road race (Black Cat 10 & 20 miles) and use of City Streets on March 1, 2014, was granted.
#121 - #123 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Michael Metzger, 28 Hale St., Bridgewater
Jeffrey Swartz, 18 Leach St., Salem
TAXI CABS Salem Taxi, 27 Congress St., Salem (13 taxicabs)
Americab Taxi, 10 Jefferson Ave., Salem (12 taxicabs)
Sunshine Taxi, 153 Mewbiru St., Peabody (1 taxicab)
Tri-City Services, 55R Walnut St., Peabody (10 taxicabs)
TAXI OPERATORS Michael Orlando, 11A May St., Salem
Adonis Diaz, 2 Park St., Salem
Kevin Polanco, 22 Pulaski St., Peabody
David Beauchamps, 8 Center St., Salem
TAXI OPERATONS Willy Ozaria, 12 Peabody St., Salem
CONTINUED Pablo Duran, 78 Wallis St., Peabody
Robert Berzon, 135 Grove St., Melrose
Ramon Rodriguez, 9 Prince St. Place, Salem
#124 - #125 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
SECOND HAND 24/7 Coins, 140 Derby St., Salem
VALUABLE
TAG DAYS S.H.S. Girls Volleyball, September 6, 2014
S.H.S. Girls Volleyball, October 11, 2014
S.H.S. Girls Softball March 29, 2014 & April 12, 2014
S.H.S. Girls Track, March 22, 2014 & April 19, 2014
Salem Little League, 6/14/14, 6/21/14 & 7/12/14
Salem/Swampscott Youth Hockey, September 20, 2014
Salem/Swampscott Youth Hockey, October 25, 2014
#126 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer/Contract Operator license application was granted.
Roto-Rooter, 175 Maple Street, Stoughton
#127 - #131 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Allison Traxler, 22 Arlington St., Newburyport
Gina Doucette, 22 Franklin St., Peabody
Michael Patrisso Jr., 11 Franklin St., Salem
Subrogated Hanover Insurance (for Mary O’Leary), PO Box 15147, Worcester
Amica Insurance (for Brooke Madison), PO Box 9690, Providence, RI
(#80) –SECOND PASSAGE BOND ORDER OF $2,000,000 FOR VARIOUS ROADWAY IMPROVEMENTS
The matter of second and final passage of a Bond Order for the sum of $2,000,000 to be repurposed for various roadway improvements was adopted for second and final by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative.
(#72A) – SECOND PASSAGE ORDINANCE RELATIVE TO ABANDONED SHOPPING CARTS
The matter of second and final passage of an Ordinance relative to Offenses and Miscellaneous Provisions by adding a new section Chapter 24 Section 24-38 “Unattended and Abandoned Shopping Carts” was then taken up. It was adopted for second and final passage.
(#68) – SECOND PASSAGE ORDINANCE TRAFFIC TOW ZONE, NORTH STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 74, “General Prohibition Towing Zone” North Street was then taken up. It was adopted for second and final passage.
(#67) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING CABOT STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50B, “Handicapped Parking Limited Time” Cabot Street was then taken up. It was adopted for second and final passage.
Councillor Legault requested a moment of silence of the passing of Councillor Steven Salvo.
There was no objection.
On the motion of Councillor O’Keefe the meeting adjourned at 8:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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