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City Ordinance Sections 2-2028 through 2-2033.”
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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
May 22, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 15, 2014 at 4:25 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
#298 – HEARING COMCAST FOR CONDUIT ON LAFAYETTE STREET TO NEW DERBY STREET
A hearing was held on the Order of Comcast to install conduit from existing Comcast manhole on Lafayette St. to property of 20 New Derby St.
Appearing in Favor:
Timothy Broderick representative for Comcast – stated this is needed to provide service to 20 New Derby Street.
Councillor O’Keefe assumed the Chair.
Councillor McCarthy stated that he wanted this project to be coordinated with the Fire Department.
Mr. Broderick stated that he will make arrangements with the Fire Chief.
Councillor McCarthy resumed the Chair.
There was no one appeared in opposition.
Councillor O’Keefe moved that the hearing be closed. It was so voted.
Councillor Famico moved that the petition be granted. It was so voted.
#299 – HEARING COMCAST FOR A CONDUIT ON CHURCH STREET
A hearing was held on the Order of Comcast to install conduit from existing Comcast manhole on Church St. to property of 30 Church St.
Appearing in Favor:
Timothy Broderick representative for Comcast – stated this is needed to provide service to 30 Church Street.
Councillor Famico asked about the traffic flow.
Mr. Broderick stated he will work with the Police Traffic Division.
There was no appearing opposed.
Councillor Famico moved that the hearing be closed. It was so voted.
Councillor Famico moved that the petition be granted. It was so voted.
(#266) – APPOINTMENTS TO PUBLIC ARTS COMMISSION
Held from the last meeting, the Mayor’s appointments of the following to the Public Arts Commission with a term to expire January 31, 2016:
Victor Miguel Cruz, 8 Porter Street Court
Juliette Fritsch, 38 Washington Square
Ellen Hardy, 28 Walter Street
Lillian Hsu, 17 Cambridge Street
Claudia Paraschiv, 35 Essex Street #1
J. Michael Sullivan, 10 Lee Street
Councillor Turiel moved to divide the question and hold out Juliette Fritsch as she was not present. It was so voted.
The appointments were confirmed (except Juiette Fritsch) 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.
(#269) – APPOINTMENT OF MATTHEW A. VENO TO THE PLANNING BOARD
Held from the last meeting, Mayor’s appointment of Matthew A. Veno to serve as a member of the Planning Board with a term to expire on June 1, 2015 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.
#300 – APPOINTMENT OF PAUL KIRBY TO BOARD OF HEALTH
The Mayor’s appointment of Paul Kirby to serve as a member of the Board of Health with a term to expire on March 1, 2017 was held until the next meeting under the rules.
#301 – APPOINTMENT OF CHRISTOPHER DYNIA TO THE DESIGN REVIEW BOARD
The Mayor’s appointment of Christopher Dynia, per recommendation of the Salem Redevelopment Authority, to serve as a member of the Design Review Board with a term to expire on March 1, 2017, was held until the next meeting under the rules.
#302 – APPOINTMENT OF LARRY SPANG TO HISTORICAL COMMISSION
The Mayor’s appointment of Larry Spang to serve as a full time member of the Historical Commission with a term to expire on January 10, 2016, was held until the next meeting under the rules.
#303 – REAPPOINTMENT OF JEAN HARRISON TO DISABILITIES COMMISSION
The Mayor’s reappointment of Jean Harrison to serve as a member of the Disabilities Commission 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.
#304 – REAPPOINTMENT DAVID HART TO THE HISTORICAL COMMISSION
The Mayor’s reappointment of David Hart to serve as a member of the Historical Commission 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.
#305 – REAPPOINTMENT OF RINUS OOSTHOEK TO PARKING BOARD
The Mayor’s reappointment of Rinus Oosthoek to serve as a member of the Parking Board with a term to expire on March 1, 2015, 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.
#306 – CONSTABLE
Mayor’s reappointment of George Hoxha to serve as a Constable with a term to expire on June 5, 2017, was received and placed on file.
#307 – CONSTABLE
Mayor’s reappointment of Lisa Pressman to serve as a Constable with a term to expire on May 29, 2017, was received and placed on file.
#308 – FISCAL YEAR 2015 BUDGET
Mayor submitting proposed Fiscal Year 2015 Budget in the amount of $140,149,357.00, was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole
#309 – FISCAL YEAR 2015 CAPITAL IMPROVEMENT PLAN
Mayor submitting proposed Fiscal Year 2015 Capital Improvement Plan was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole
#310 – APPROPRIATION OF CPA FUNDS TO SEVERAL ACCOUNTS
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole under the rules.
ORDERED: That Five Hundred and Thirty-Five Thousand and Fifty Dollars ($535,050.00) is hereby appropriated to the CPA Funds for FY2015 to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
CPA – General Admin – Expenses 23,252.00
CPA – General Admin – Stipends 3,500.00
CPA – General Admin – Reserves 347,783.00
CPA – Open Space – Reserves 53,505.00
CPA – Historical Preservation – Reserves 53,505.00
CPA – Community Housing – Reserves 53,505.00
#311 - APPROPRIATIONCOMMUNICATIONS FROM THE MAYOR
The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole under the rules.
ORDERED: That the City Council hereby approves a total of One Hundred and Sixty Thousand Five Hundred and Fifteen Dollars ($160,515.00) which is the recommendation of the Community Preservation Committee (CPC) to RESERVE 10% of the estimated Five Hundred and Thirty-Five Thousand and Fifty Dollars ($535,050.00) in surcharge of revenues for FY2015 to each of the CPA Funds funds listed below in accordance with the recommendation of Her Honor the Mayor.
CPA – Open Space Trans In 53,505.00
CPA – Historical Preservation Trans In 53,505.00
CPA – Community Housing Trans In 53,505.00
#312 – TRANSFER TO “HR PURCHASE OF SERVICES” AND “UNEMPLOYMENT”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby transferred between the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
From: To:
“Workmans Comp. – Salaries” “HR Purchase of Services” $10,000
“Workmans Comp – MIIA Premium” “Unemployment” $40,000
#313 – APPROPRIATION TO “CEMETERY – BURIAL” ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Four Hundred and Forty Dollars ($4,440.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to “Cemetery – Burial” account
in accordance with the recommendation of Her Honor the Mayor.
#314 – APPROPRIATION FOR RETIREMENT OF ALICE “VACATION / SICK LEAVE BUYBACK”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Three Thousand Seven Hundred-Fifty four Dollars and Forty-nine cents ($3,754.49) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick Leave Buyback” account to be expended for the retirement buyback for of Alice LeBlanc of the Recreation Department.
#315 – DONATION TO POLICE DEPARTMENT SUMMER CAMP PROGRAM
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation of totaling Six Thousand Dollars ($6,000.00) from GE Employee Good Neighbor Fund to be deposited into the Salem Police Department Summer Camp Fund in accordance with the recommendation of Her Honor the Mayor.
#316 – AUTHORIZE REVOLVING FUNDS FOR FISCAL YEAR 2015
The following Order recommended by the Mayor was adopted.
ORDERED: That the Salem City Council vote, pursuant to the provisions of MGL Chapter 44, Section 53E ½ to authorize the establishment of the revolving funds for FY2015 as herein described. Expenditures from said funds shall not exceed the amount of funds received in the respective accounts or as authorized as stated, shall come from any funds received by the respective boards for performing services, shall be used solely for the purpose of implementing the programs delineated and shall be approved by a majority vote of any respective boards in accordance with the recommendation of Her Honor the Mayor.
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Department |
Fund Name |
Programs & Purposes |
Authorization for Spending |
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Fire |
R/A Local Emergency Planning Comm |
Training and special equipment needed to respond to hazardous materials incidents per CH 21E |
Fire Chief and Mayor |
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Fire |
R/A Confined Space Drills |
Confined space training for Firefighters. |
Fire Chief and Mayor |
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Harbormaster |
Boat/Float Storage |
To fund Capital items for Harbormaster and to fund maintenance costs of equipment. |
Harbormaster and Mayor |
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Health |
Health Clinics |
To support vaccination program and other health promotion activities of the Health Department |
Health Agent and Mayor |
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Mayor |
Special Events |
To cover expenses for July 4th and Haunted Happenings events. |
Mayor |
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Recreation |
Winter Island |
To increase and replenish store inventory as needed and to enhance and maintain WI store. |
Recreation Director and Mayor |
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Recreation |
Dog Park |
Renovations and Maintenance of Dog Park at Leslie's Retreat Park. |
Recreation Director and Mayor |
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Recreation |
Park & Rec Public Access |
To be used for the operation and maintenance of Winter Island and McCabe Marina |
Recreation Director and Mayor |
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Recreation |
Salem Willows Meters |
Renovations and Maintenance of Willows Park. |
Recreation Director and Mayor |
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Recreation |
Witch House |
To support Salem Award committee and the Salem Witch Trial Memorial |
Recreation Director and Mayor |
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Planning & Community Development |
Salem Ferry Operational |
Fund operational costs of the Salem Ferry and Blaney Street Dock |
Director of Planning and Mayor |
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Insp Services |
Abandoned Prop Maint |
To maintain abandoned and foreclosed residential and commercial properties |
Public Service Director and Mayor |
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Public Services |
Sticker Program |
To pay for costs of disposal of hazardous items picked up as part of sticker program, and for abandoned pieces picked up by this department. |
Public Service Director and Mayor |
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Engineering |
Environmental Fund |
Provide for City purchase of environmental items such as recycling bins, recycling totes, rain barrels, composters, water conservation devises, recycling calendar and educational material. |
City Engineer and Mayor |
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Engineering |
Traffic Island |
Projects related to City beautification events including Traffic Island, Beautification, and special events such as Treemendous |
City Engineer and Mayor |
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School |
Building Rental |
Building Rental |
School Committee and Mayor |
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School |
Early Childhood |
Pre-School Tuition |
School Committee and Mayor |
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School |
School Busing |
School Bus pass |
School Committee and Mayor |
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School |
Night School |
Night School Tuition |
School Committee and Mayor |
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School |
Special Ed Tuition |
Special Ed Tuition |
School Committee and Mayor |
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School |
SHS Automotive |
To pay for parts and materials for automotive repairs to vehicles brought in to the HS Automotive Vocational School by citizens |
School Committee and Mayor |
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#317 – ORDINANCE AMENDING CHAPTER 46, SEC. 230 SEWER USE CHARGES
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 Sewer Use Charges
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Section 230 is hereby amended by deleting subsection (c) in its entirety and replacing it with the following:
“(c) The rates for sewer use charges effective July 1, 2014 shall be as follows:
Residential, per 100 cubic feet $5.90
Nonresidential, per 100 cubic feet
Up to 25,000 cubic feet per month $8.94
Nonresidential, per 100 cubic feet
For 25,00 cubic feet and greater
Per month $11.45
The use of all water and sewer funds and SESD funds shall be excluded from all private development projects.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#318 – ORDINANCE AMENDING CHAPTER 46, SEC. 66 WATER USE CHARGES
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 Water Use Charges
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Section 66 is hereby amended by deleting subparagraph (b) in its entirety and replacing it with the following:
“(b) The rate for all water furnished by meter measurements effective July 1, 2014 shall be as follows:
(1) Residential, per 100 cubic feet $2.89
(2) Nonresidential, per 100 cubic feet $3.92
Section 2. Chapter 46, Section 66 is herby further amended by deleting subparagraph (e) in its entirety and replacing it with the following:
(e) The minimum rate for residential metered water for each quarter shall be $28.91 per 1000 cubic fee effective July 1, 2014.
The use of all water and sewer funds and SESD funds shall be excluded from all private development projects.”
Section 3. This Ordinance shall take effect as provided by City Charter.
#319 – ORDINANCE TRAFFIC HANDICAPPED PARKING, WISTERIA STREET
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 Traffic
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 42 Section 50B Handicapped Zones Limited Time” by adding the following:
Wisteria Street in front of #9A, for a distance of twenty (20) feet, “Handicap Parking Tow Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor Siegel left the Chamber.
#320 – MONTHLY FINANCIAL REPORT DATED APRIL 30, 2014
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the Monthly Financial Report dated April 30, 2014 be referred to the Committee on Administration and Finance.
Councillor Siegel returned to the Chamber
#321 – YEAR TO DATE BUDGET REPORT DATED APRIL 31, 2014
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the Year to Date Budget Report dated April 31, 2014 be referred to the Committee on Administration and Finance.
Councillor O’Keefe assumed the Chair.
#322 – CPA APPOINTMENTS BY CITY COUNCIL
Councillor McCarthy introduced the following Order which was adopted.
ORDERED: That the Committee of the Whole meet to discuss the appointment or reappointments to the Community Preservation Committee according to City Ordinance Chapter 2 Section 2-1011 (6).
Councillor McCarthy resumed the Chair
#323 – 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 Taxi Operator Hearing for James Brandley, has considered said matter and would recommend approval of the license.
#324 – PETITION FROM NATIONAL GRID FOR CONDUIT ON COLUMBUS AVENUE
A hearing was ordered for June 12, 2014 on the petition from National Grid to install conduit on Columbus Avenue.
#325 – MEMORIAL DAY PARADE AND CEREMONY
Invitation from the Salem Veterans Council inviting the City Council to the annual Memorial Day Parade and Ceremony of Remembrance on Monday, May 26, 2014 at 10:00 A.M. gathering on Commercial Street was received and placed on file.
#326 – ROAD RACE
A request from Adam Fitch to hold a road race and use of city streets on September 27, 2014, was granted.
#327 – ROAD RACE
A request from Salem YMCA to hold a road race and use of city streets on October 18, 2014, was granted.
#328 – ROAD RACE
A request from Parents United of Salem to hold a road race and use of city streets on December 14, 2014 and a make up date on December 21, 2014, was granted.
#329 – LICENSE APPLICATION
The following license application was granted.
TAG DAY Polish Legion of American Vets., August 2, 2014
#330 - #331 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDE John Joseph Feeley, Jr., 26 South Shore Rd., Holbrook
Shannon Mary O’Donnell, 71 Leach St., Salem
Scott Aden, 14 Winthrop Shore Dr., Winthrop
TAXI OPERATORS John Sutherland, 407 Essex Ave., Gloucester
Tom McCarthy, 3 Branch Lane, Prides Crossing
Lawrence Carrick, 655 Western Ave., Lynn
Darryl Fanning, 25 Ord St., Salem
Douglas Stephens, 32 Broadway, Beverly
Andres Espinal, 12 Mt. Vernon St., Salem
Louie Anasoulis, 215 Rantoul St., Beverly
Howard Bent, 45 Franklin St., Salem
Reynaldo Garcia, 12 Pope St., Salem
Joseph Taylor Staten II, 2 Duck Pond Rd., Beverly
Robert Roderick Jr., 2 Esquire Cir., Peabody
Michelle Glenn, 168 Washington St., Peabody
Daniel Sirois, 15 Beckett St., Salem
Paul LaPorte, 364 Cabot St., Beverly
Vicki Kirkpatrick, 5 Tracey St., Peabody
Raymond Roberts, 140 New Balch, Beverly
#332 – TAXI OPERATOR
The following license application was denied.
TAXI OPERATOR John Leone, 44 Tracey St., Peabody
#333 – HEARING REQUEST
A hearing was request from John Leone on the denial of his taxi operator license was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.
#334 – CLAIM
The following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.
Glen McElwee, 15 Boston St., Salem
#335 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE Linda Pressman, 30 Red Rock St., Lynn
(#275) – SECOND PASSAGE TRAFFIC, STOP SIGN, WEST AVENUE
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 49
“Obedience to Isolated Stop Signs” West Avenue was then taken up. It was adopted for second and final passage.
(#276) – SECOND PASSAGE TRAFFIC, RFEPEAL HANDICAP PARKING FLINT STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50B “Handicapped Parking Zone Limited Time” Repeal Flint Street in front of #81, was then taken up. It was adopted for second and final passage.
(#277) – SECOND PASSAGE TRAFFIC, HANDICAP PARKING FEDERAL STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50B “Handicapped Parking Zone Limited Time” Federal Street in front of #102, was then taken up. It was adopted for second and final passage.
(#278) – SECOND PASSAGE TRAFFIC, REPEAL HANDICAP PARKING SUMMER STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50B “Handicapped Parking Zone Limited Time” Repeal Summer Street in front of #79, was then taken up. It was adopted for second and final passage.
(#242) – SECOND PASSAGE ORDINANCE AMENDING BOATS AND WATERWAYS
The matter of second and final passage of an Ordinance amending Chapter 10 Boats and Waterways of the City of Salem, 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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