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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
April 10, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 3, 2014 at 6:43 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
None
(#136A) – CONTINUATION OF PUBLIC HEARING ON DISCONTINUANCE OF A PORTION OF UNION STREET
A continuation of a public hearing on the discontinuance of a portion of Union Street was held.
Appearing in favor was:
Mr. Sasso representative for Rockett Realty stated the issue is there are drainage problems and flooding issues and recently there was a sewer pipe break on the Rockett property. We met with the City Engineer Dave Knowlton to try and get this resolved. It cost $180,000 to $200,000 to repair which would have cost the taxpayers. If this is approved we would fix the problems.
Councillor Siegel stated you needed to reach out to Mr. Mezini were you able to.
Mr. Sasso yes we met with Mr. Mezini several times. He was looking for a way to get a space available to park and it was agreed upon so he doesn’t get towed.
Councillor Eppley question in the event the property at 60 Wharf Street is conveyed to someone else what happens to the parking space?
Mr. Sasso stated the agreement in only between Mr. Mezini and the Rocketts. Most of the neighbors already think they own the street because they plow it.
Councillor Legault stated that he spoke with Mr. Mezini and expressed he is happy with the agreement with the Rocketts. A question for the Solicitor what is the cost of the street?
Solicitor Rennard stated when the city discontinues a street it become3s privately owned to the center line of the street.
Councillor Legault asked Mr. Sasso if he spoke to the owners of Brodie’s.
Mr. Sasso responded yes he is in favor.
There was no one appearing in opposition.
Councillor Turiel moved that the hearing be closed. It was so voted.
Councillor Turiel moved for adoption. The matter was adopted 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.
(#192) – APPOINTMENT OF KRISTIN ANDERSON TO THE BIKE PATH COMMITTEE
Held from the last meeting, Mayor’s appointment of Kristin Anderson to serve as a member of the Bike Path Committee with a term to expire on July 1, 2014, 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.
#213 – APPROPRIATION FOR IMPROVEMENTS TO MARY JANE LEE PARK
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole, under the rules.
ORDERED: That the sum of Two Hundred Thousand Dollars ($200,000.00) is hereby appropriated within the “Capital Outlay – Renovation & Repairs” account to be expended for the construction of a water activity splash pad and associated amenities at Mary Jane Lee Park in accordance with the recommendation of Her Honor the Mayor.
#214 – RESOLUTION FOR IMPROVEMENTS TO MARY JANE LEE PARK
The following Resolution recommended by the Mayor was adopted by unanimous roll call voted 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.
RESOLUTION:
Whereas: Mary Jane Lee Park is by and far and away a community asset and the preservation and improvements to this facility are a City priority as evidence in the most recent Open Space and Recreation Plan; and
Whereas: Improvements to Mary Jane Lee Park greatly enhance this facility with installation of a splash pad and associated amenities; and
Whereas: The overall cost and fiscal budget constraints prevented the City from proceeding forward with implementation of the project; and
Whereas: The project was instead viewed as feasible only when fiscal resources were available, with the intention of securing grant funding, when and if available, to assist in this effort; and
Whereas: The Executive Office of Energy and Environmental Affairs (EOEEA) is offering reimbursable grants to cities to support park improvements through the Our Common Backyards program; and
NOW, THEREFORE, BE IT RESOLVED
- That the Mayor be and is hereby authorized to file and accept grants from the Executive Office of Energy and Environmental Affairs; and
- That the Mayor be and is hereby authorized to expend from available funds and amount equal to the total project cost to be reimbursed up to a maximum amount of $200,000 by the Executive Office of Energy and Environmental Affairs; and
- That the Mayor be and is hereby authorized to take such other actions as are necessary to carry out the terms, purposes, and conditions of this grant to be administered by the Department of Planning and Community Development; and
- That Mary Jane Lee Park shall be dedicated to park purposes under M.G.L. chapter 45, section 3; and
- That this resolution shall take effect upon passage.
#215 – APPROPRIATION FOR SECURITY CAMERAS
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole, under the rules.
ORDERED: That the sum of One Hundred and Fifty Thousand Dollars ($150,000.00) is hereby appropriated within the “Capital Outlay – Equipment” account to be expended for the relocation and installation of security cameras at several locations in accordance with the recommendation of Her Honor the Mayor.
#216 – TRANSFER TO GOLF COURSE ACCOUNTS
The following Order recommended by the Mayor was adopted.
ORDERED: That the sum of Sixty One Thousand Nine Hundred and Thirty-Four ($61,934.00) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the Golf Course Accounts listed below in accordance with the recommendation of Her Honor the Mayor.
Groundskeeping 19,448.00
Rental & Lease 7,486.00
Renovations & Repairs 30,000.00
Souvenirs 5,000.00
#217 – APPROPRIATION FOR INSPECTIONAL SERVICES – OIL HEAT
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDER: That the sum of Six Thousand Dollars ($6,000.00) is hereby appropriated from “Fund Balance – Free Cash” account to the “Inspectional Services – Oil Heat” account in accordance with the recommendation of Her Honor the Mayor.
#218 – DONATION TO POLICE DEPT SUMMER CAMP DONATION FUND
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation listed below in the amount of One Thousand ($1,000.00). These funds will be deposited into the Salem Police Department Summer Camp Donation Fund in accordance with the recommendation of Her Honor the Mayor.
Footprint Power Police Summer Camp $1,000.00
#219 – ORDINANCE TRAFFIC SCHEDULE OF FINES PARKING PROHIBITED TOWING ZONES
The following Ordinance recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
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, the Salem Traffic Ordinance, is herby amended by inserting within the table in Section 17A “Schedule of Fines” regarding Penalties of Article I, the following;
$15.00 fine / $50.00 Fine during the Month of October
Parking Prohibited Towing Zone (Resident Sticker) Section 75
Section 2. This Ordinance shall take effect as provided by City Charter.
#220 – AUTHORIZE SUBMISSION TO HUD FOR CDBG FUNDS
The following Order recommended by the Mayor was adopted by 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.
ORDERED: That the City Council hereby approves the submittal of the City of Salem’s Application for Federal Assistance to United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of
July 1, 2014 through June 30, 2015 in the amount determined by HUD’s formula entitlement allocations of $952,491.
Councillor Sargent recused himself and left the Council Chamber.
#221 – P.I.L.O.T. AGREEMENT WITH FOOTPRINT POWER
The following Order recommended by the Mayor was adopted by roll call vote of 10 yeas,
0 nays, 1 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. Councillor Sargent was recorded as absent.
ORDERED: The Mayor is hereby authorized to enter into a Payment in Lieu of Taxes Agreement (PILOT) and a Contribution Agreement with Footprint Power for the Salem Harbor Power Station for Fiscal Year 2014.
Councillor Sargent returned to the Council Chamber.
#222 – HOME RULE PETITION FOR ADDITIONAL LIQUOR LICENSE FOR 299 ESSEX STREET
The following Order recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
ORDERED: That a petition to the General Court, accompanied by a bill for a certain additional liquor license notwithstanding the provisions of Section 17 of chapter 138 of the General Laws 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 authorizing the City of Salem to issue an additional license for the sale of alcoholic beverages.
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. Notwithstanding the provisions of Section 17 of Chapter 138 of the General Laws, the licensing authority of the City of Salem may grant one additional license for the sale of all alcoholic beverages to be drunk on the premises under Section 12 of said Chapter 138 to Joseph Deisley for a restaurant to be located at 299 Essex Street, Salem, Massachusetts. The license shall be subject to all of said Chapter 138 except Section 17.
Notwithstanding any General or special law, or any rule or regulation to the contrary, the local alcohol licensing authority shall not approve the transfer of said license to any other location. Said license may be granted by the local alcohol licensing authority at the same location if an applicant for said license files with said authority a letter in writing from the Department of Revenue indicating that said license is in good standing with said Department and that any and all applicable taxes have been paid. If the license granted under this section is cancelled, revoked or no longer in use, such license shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the local alcohol licensing authority.
Notwithstanding Section 17 of Chapter 138 of the General Laws, or any other general or special law to the contrary, the local alcohol licensing authority may then grant the license to a new applicant at the same location and under the same conditions as specified in the preceding paragraph.
SECTION 2. (a) The city of Salem shall charge a fee for the additional annual license for the sale of all alcoholic beverages pursuant to this act which shall be paid by the licensee at the time of issuance unless the licensing authority agrees to enter into an arrangement with the licensee which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from a licensee, the option shall be made available, upon request, to all qualified applicants for licensure.
(b) Any fee collected by the city of Salem for a license granted under this act which is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city, shall be deposited into an economic development account which shall be established by the city of Salem to be expended by it in a manner consistent with the purposes of the account.
SECTION 3. This act shall take effect upon its passage.
#223 – TAG DAY APPLICATION
Councillor O’Keefe introduced the following Order which was granted.
ORDER that the attached Tag Day for S.H.S. Boys and Girls Tennis for April 13, 2014 and June 7, 2014 be granted
#224 – ORDINANCE TRAFFIC LAFAYETTE STREET - REPEAL CH. 57A AND REPLACE AND REPEAL CH. 51B AND REPLACE
Councillor Turiel 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 57 A, “Parking Time Limited, Unmetered Zones” is hereby amended by repealing the following:
REPEAL Lafayette Street, easterly side, beginning at a point of twenty (20) feet from the intersection of Lafayette Stree and Leach Street and extending ina northerly direction for a distance of twenty-five (25) feet, fifteen (15) minute parking (3/10/80 DPW 5-1732) 03/10/1980
And insert in place the following:
Lafayette Street, easterly side starting at Leach Street in a northerly direction for a distance of seventy-five (75) feet, thirty (30) minute parking.
Section 2. Chapter 42 Section 51B, “Parking prohibited at certain times on certain streets” is hereby amended by repealing the following:
REPEAL Lafayette Street, easterly side from Leach Street in a northerly direction for a distance of seventy-five (75) feet, one (1) hour parking from 8:00 AM to 6:00 PM, Monday through Friday. (6/30/64 DPW 12479)
Section 3. This Ordinance shall take effect as provided by City Charter.
#225 – (#701 of 2013) GRANTING 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
SEAWORM Timothy Lynch, 28 Anawan Avenue, Saugus
#226 – (#146) TAXI OPERATOR HEARING
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 a hearing on the revocation of a taxi operator license for Sandy Jacques-Gil has considered said matter and would recommend that the matter remain in committee.
#227 – (#208 – 209) TAXI OPERATOR HEARING
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 a hearing on the denial of a taxi operator license for Reynaldo Diaz has considered said matter and would recommend that the taxi operator license be granted.
Councillor O’Keefe and Legault were recorded as opposed.
#228 – (#63) ORDINANCE AMENDING TRAFFIC FLINT STREET
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 amending traffic Ch. 42 Sec. 74 – General Prohibition Towing Zones, Flint Street, both sides between Mason and Oak Streets Parking Prohibited has considered said matter and would recommend the matter remain in Committee.
#229 – ROAD RACE BOYS & GIRLS CLUB 10K
A request from Boys and Girls Club to hold a road race (Bridge & Back 10K) and use of city streets on August 3, 2014 was granted.
#230 – ROAD RACE BOYS & GIRLS CLUB WILD TURKEY RUN
A request from Boys and Girls Club to hold a road race (Wild Turkey 5 Mile Run) and use of city streets on November 27, 2014 was granted.
#231 - BLOCK PARTY
A request from the residents of Friend St. to hold a block party on July 4, 2014 was granted.
#232 - #234 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Rory O’Brien, 1 Courageous Ct., Salem
William Clemens, 49 Summer St., Danvers
Sarah Mann, 11 Munroe St., Beverly
Daniel Minkle, 126 Federal St., Salem
Robin Panzer, 15 Forrester St., Salem
John Flanagan, 38 Bayview Terrace, Danvers
Mark Hurwitz, 22 Cloutman Lane, Marblehead
TAXI CAB/LIMOUSINE North Shore Taxi, 27 Walnut St., Peabody (1 Limo & 10 Taxis)
TAXI OPERATORS Jamie Lopez, 3 Kingley Ter., Lynn
Victoriano Ozoria, 9 Prince St. Pl., Salem
Tirsson Ozoria, 57 Harbor St., A-1, Salem
Reynaldo Martinez, 112 Johnsoon St. #2, Lynn
Dana McPhee, 14 South St. #2, Salem
Victor Rodriguez, 22 Gardner St. #1, Salem
#235 - #236 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
SEAWORM Eduardo Santos, 4 Collins St., Peabody
TAG DAY S.H.S. Boys Spring Track, April 26, 2014
#237 - #238 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
CLAIMS Legasey & Associates, 100 Museum Place, Salem
Erica Singer, 4 Loring Ave. #1A, Salem
(#19) SECOND PASSAGE ORDINANCE FEES FOR FINGERPRINT BASED CRIMINAL BACKGROUND CHECKS
The matter of second and final passage amending Chapter 14, Section 14-46F, Fee for fingerprint based criminal record background checks was then taken up. It was adopted for second and final passage.
(#670 of 2013) SECOND PASSAGE ORDINANCE ESTABLISHING A PUBLIC ARTS COMMISSION
The matter of second and final passage amending Chapter 2, Sections 1020-1023 establishing a Public Arts Commission was then taken up. It was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:05 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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