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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
April 24, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on April 17, 2014 at 6:35 P.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President McCarthy presided.
Councillor Legault 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
- Kylie Sullivan – resident of 50 Barr St., Salem – Salem Main Streets / Salem Arts Festival
Councillor Turiel left the chambers due to a conflict of interest.
#239 – REAPPOINTMENT OF JANE TURIEL TO SALEM HISTORICAL COMMISSION
The Mayor’s reappointment of Jane Turiel to serve as an alternate member to the Salem Historical Commission with a term to expire on March 1, 2016, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel and McCarthy were recorded as voting in the affirmative. Councillor Turiel was recorded as absent.
#240 – REAPPOINTMENT OF JAMES TSITSINOS TO THE ZONING BOARD OF APPEALS
The Mayor’s reappointment of James Tsitsinos to serve as an alternate member to the Salem Zoning Board of Appeals with a term to expire on March 1, 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.
#241 – DONATION TO SALEM POLICE DEPARTMENT SUMMER CAMP FUND
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donations listed below totaling Six Thousand Two Hundred Dollars ($6,200.00). These funds will be deposited into the Salem Police Department Summer Camp Fund as listed in accordance with the recommendation of Her Honor the Mayor.
City of Peabody $2,500.00
Peabody Police Benevolent $1,200.00
City of Beverly $2,500.00
$6,200.00
#242 – ORDINANCE AMENDING CHAPTER 10 BOATS AND WATERWAYS
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 Boats and Waterways of the City of Salem
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 10 – Boats and Waterways is hereby amended by the following:
a) inserting the following new sentence between the first and last sentence of Sec 10-6.1 Fishing Equipment, Restrictions:
“Additionally, no person shall fish from any public pier or float, for recreation or otherwise, that has been duly posted as prohibiting fishing.”
b) deleting the phrase “and then only in time of emergency” within Sec. 10-10 Tying Vessels to Piers
c) replacing the phrase “30 minutes” with “20 minutes” as it appears in Sec. 10-11 Tying Vessels to Common Landings
d) deleting Sec. 10-21 Notice to Harbormaster of Arrival of Vessel in its entirety and replacing it with the following:
“Sec. 10-21. Notice to Harbormaster of Arrival of Vessel
All vessel owners, their representative(s) or receivers of petroleum products or any other cargo, shall tender a notice of arrival for any vessel intending to berth in Salem Harbor to the Harbormaster no less than 24 hours in advance. The notice shall contain the following information:
(1) Date/time of arrival
(2) Vessel type
(3) Name of vessel
(4) Registry
(5) Crew manifest
(6) Last port
(7) Cargo type and amount
(8) Consignee of cargo
(9) Agent of vessel (if applicable)
(10) Registered gross tonnage
(11) Deep/Air draft
(12) Receiving berth or wharf”
e) adding a new last sentence in sub-section b) of Section 10-24 Mooring Permit as follows:
“Nothing in the section shall relieve applicable vessels from the notice requirement set forth in section 10-21.”
f) inserting two new sentences immediately following the third sentence in sub-section d) of Section 10-24 Mooring Permit as follows:
“Proper display of mooring permit decals, if issued, is mandatory. A $15.00 fee may be assessed for the issuance of a duplicate decal.”
g) deleting sub-section d)(3) of Section 10-24 Mooring Permit in its entirety and replacing it with the following:
“(3) Fee for commercial transient mooring, $75.00 per year.
(4) Fee for guest mooring (city owned), $40 per day.”
h) deleting in its entirety Section 10-29 Penalty for Violation of Section 10-6.1 and Sections 10-23 through 10-28 and replacing it with the following:
“Sec 10-29. Penalty for Violation
Any person who violates any of the provisions of section 10 or who refuses or neglects to obey the lawful orders of a harbormaster or who resists him in the execution of his duties shall be punished by a fine of not more than $50.00.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#243 – YEAR TO DATE BUDGET REPORT
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the Year to Date Budget Report dated March 31, 2014 be referred to the Committee on Administration and Finance.
#244 – ORDINANCE TRAFFIC SERVICES ZONES FEDERAL STREET
Councillor Famico 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 13, “Service Zones” is hereby amended by adding the following:
Federal Street, northerly side starting at a point of Three Hundred Thirty-eight (338) feet west of St. Peter Street, in a westerly direction for twenty (20) feet in front of #20 Federal Street.
Section 2. This Ordinance shall take effect as provided by City Charter.
#245 – ORDINANCE TRAFFIC HANDICAPPED ZONES FEDERAL STREET
Councillor Famico 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 50A, “Handicapped Zones” is hereby amended by adding the following:
Federal Street, northerly side starting at a point of One Hundred Ninety-Three (193) feet west of St. Peter Street, in a westerly direction for twenty (20) feet in front of #12 Federal Street.
Section 2. This Ordinance shall take effect as provided by City Charter.
#246 – NAMING A NEW STREET “MASSEY WAY”
Councillor Famico introduced the following Order which was adopted.
ORDERED: That the new street off the subdivision of Thorndike Street be named “Massey Way” for the Massey family who for many years ran the ferry from Salem to Beverly in that area.
#247 – (#235 - #236) 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 Eduardo Santos, 4 Collins St., Peabody
TAG DAY S.H.S. Boys Spring Track, April 26, 2014
#248 – (#205) EXEMPTION FOR EXTENDED HOURS FOR PARANORMAL
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 request from Paranormal for an extension of business hours has considered said matter and would recommend that the exemption be granted with the following conditions:
- The exemption expires on December 31, 2014
- Limit of 16 people per tour
- Limit two tours at one time
- Stay between Church Street and Charter Street
- No legitimate problems or complaints from other tour guides
- Additional extension until 11:30 P.M. as granted in the past.
#249 – (#219) ORDINANCE CHAPTER 32 SECTION 17A RELATIVE TO SCHEDULE OF FINES
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 Committee of the Whole to whom was referred the matter of a Traffic Ordinance amendment relative to fines in the month of October has considered said matter and would recommend that the penalties be adopted for first passage with the following amendment: Prohibitions Towing Zone (Resident Sticker) Section 75 - $15.00 fine and a $40.00 fine during the month of October.
#250 – (#213) APPROPRIATION FOR MARY JANE LEE PARK
Councillor Turiel 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 a $200,000.00 appropriation from “Capital Outlay – Renovation & Repair” for the Mary Jane Lee Park has considered said matter and would recommend approval.
#251- (#215) APPROPRIATION FOR SECURITY CAMERAS
Councillor Turiel 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 a $150,000.00 appropriation from “Capital Outlay – Equipment” for Security Cameras has considered said matter and would recommend approval.
#252 – (#195) PLANNING BOARD RECOMMENDATION FOR ZONING AMENDMENT
The communication from the Planning Board with their recommendation on the Zoning Ordinance amendment for the Flood Hazard District was received and placed on file. And the Ordinance was adopted for first passage 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.
#253 – PETITION FROM NATIONAL GRID FOR CONDUITS ON BRIDGE STREET
A hearing was ordered for May 8, 2014 on the petition from National Grid to install conduits on Bridge Street at the MBTA Train Station (This is to replace the order that was granted on January 9, 2014. The MBTA has made changes to the location of the conduits, new and old map in package)
#254 – REQUEST TO MAKE PRESENTATION OF AWARD OF A PURPLE HEART COMMUNITY
Request from Philip Saindon, a representative from the Department of Massachusetts Military Order of the Purple Heart, to make a presentation to the City Council of a recognition award for becoming a Purple Heart Community was received and placed on file.
#255 – USE OF FRONT STREET FOR SALEM ARTS FESTIVAL
A request from Salem Main Streets to close Front Street to vehicular traffic on Saturday, June 7, 2014 and Sunday, June 8, 2014 from 10:00 A.M. to 6:00 P.M. for the Salem Arts Festival was granted.
#256 – LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Brenda Canady, 7 Andrew St., Salem
Diana Dunlop, 12 Hawthorne Blvd., Salem
Holly Travis, 11 ½ Mason St., Salem
Ryan Travis, 11 ½ Mason St., Salem
Maria Terry, 43 Federal St., Salem
#257 – LICENSE APPLICATIONS
The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs.
SEAWORM Manuel P. Silva, 52 Paleologos St., Peabody
#258 - #259 DRAINLAYER / CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator license applications were granted.
Ciampa Construction, 36 Dewey St., Saugus
McGrath Enterprises, 28 Oakville St., Lynn
#260 - #261 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
CLAIMS Andrew Gunn, (Managing Member of 29 Park Street LLC),
20 Sagamore St. #3, Lynn
Barbara Hawlena, 19 Gardner St., Salem
#262 - #264 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER: Ciampa Construction, 36 Dewey St., Saugus
McGrath Enterprises, 28 Oakville St., Lynn
SIGN Crotchet Box County Store, 100 Derby St., Salem
(#224) SECOND PASSAGE ORDINANCE AMENDING TRAFFIC
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 57A Parking Time Limited, Unmetered Zone, Lafayette Street and repeal current ordinances 57A and 51B for Lafayette Street, was then taken up. It was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:45 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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