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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
September 25, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on September 18, 2014 at 5:01 P.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President McCarthy presided.
Councillor O’Keefe 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
#546 – (#516) COMCAST CONDUIT LYNDE STREET
A public hearing was held on the petition from Comcast to install a conduit on Lynde Street.
Appearing in favor was Tim Broderick representative of Comcast. He stated this was needed to provide service to Lynde Street.
Councillor Famico asked are you working with Kate Fox on this.
Tim Broderick responded yes.
The Hearing was closed
Councillor Famico moved the petition be granted. It was so voted.
(#493) APPOINTMENT OF JANET GREENE TO THE BOARD OF HEALTH
Held from the last meeting the matter of the Mayor’s appointment of Janet Greene to serve as a member of the Board of Health 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.
#547 – APPOINTMENT OF PETER A. COPELAS TO THE ZONING BOARD OF APPEALS
The Mayor’s appointment of Peter A. Copelas, 40 Warren St., from an alternate member to a full time member of the Zoning Board of Appeals with a term to expire on March 1, 2015, was held until the next meeting under the rules.
#548 - CONSTABLE
The Mayor’s reappointment of Donald Famico to serve as a Constable with a term to expire on August 1, 2017, was received and placed on file. Councillor Famico was recorded as voting present.
#549 – CONSTABLE
The Mayor’s reappointment of Kyle Wheaton to serve as a Constable with a term to expire on August 11, 2017, was received and placed on file.
#550 – TRANSFER TO “MAYOR – CONSULTING / CONTRACTED SERVICES” ACCOUNT
The following Order recommended by the Mayor was Adopted.
ORDERED: That the sum of Two Thousand Seven Hundred Dollars ($2,700.00) is hereby transferred from the “Mayor – Full Time Salary” account to the “Mayor – Consulting/Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.
#551 – GRANT OF EASEMENT TO MASSACHUSETTS ELECTRIC COMPANY (1)
The following Order recommended by the Mayor 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.
ORDERED: The Mayor is hereby authorized, on behalf of the City of Salem, to execute a Grant of Easement from the City of Salem to Massachusetts Electric Company for the installation of a switchgear manhole, a transformer and conduit within an easement area described in the attached Grant of Easement and shown on the sketch accompanying the Grant of Easement.
(Grant of Easement and sketch on file at the City Clerks office and can be viewed during normal business hours.)
#552 – GRANT OF EASEMENT TO MASSACHUSETTS BAY TRANSIT AUTHORITY (2)
The following Order recommended by the Mayor 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.
ORDERED: The Mayor is hereby authorized, on behalf of the City of Salem, to execute a Grant of Easement from the City of Salem to Massachusetts Bay Transit Authority (MBTA) to allow pedestrian and vehicular access over the MBTA Access Easement shown on a plan of land prepared by Nitsch Engineering entitled “Easement Plan, Salem Commuter Rail Station, Salem, Massachusetts” and attached to the Grant of Easement.
(Grant of Easement plan of land, Salem Commuter Rail Station, Salem, MA is on file at the City Clerks office and can be viewed during normal business hours.)
#553 – GRANT OF EASEMENT TO MASSACHUSETTS BAY TRANSIT AUTHORITY (3)
The following Order recommended by the Mayor 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.
ORDERED: The Mayor is hereby authorized, on behalf of the City of Salem, to execute a Grant of Easement from the MBTA to the City of Salem for purpose of allowing pedestrian and vehicular access to the MBTA parking lot over the “City of Salem Access Easement PE-2C” shown on the plan of land prepared by Nitsch Engineering entitled “Easement Plan, Salem Commuter Rail Station, Salem, Massachusetts” and attached to the Grant of Easement.
(Grant of Easement plan of land, Salem Commuter Rail Station, Salem, MA is on file at the City Clerks office and can be viewed during normal business hours.)
#554 – GRANT OF EASEMENT TO MASSACHUSETTS BAY TRANSIT AUTHORITY (4)
The following Order recommended by the Mayor 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.
ORDERED: The Mayor is hereby authorized, on behalf of the City of Salem, to execute a Grant of Easement from the City of Salem to the MBTA for the purpose of constructing and maintaining a retaining wall within the “Proposed MBTA Infrastructure Maintenance Easement” shown on plan of land prepared by Nitsch Engineering entitled “Easement Plan, Salem Commuter Rail station, Salem, Massachusetts” and attached to the Grant of Easement.
(Grant of Easement plan of land, Salem Commuter Rail Station, Salem, MA is on file at the City Clerks office and can be viewed during normal business hours.)
#555 – GRANT OF EASEMENT TO MASSACHUSETTS BAY TRANSIT AUTHORITY (5)
The following Order recommended by the Mayor 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.
ORDERED: The Mayor is hereby authorized, on behalf of the City of Salem, to execute a Grant of Easement from the City of Salem to the MBTA for the purpose of installing and maintaining underground water and sewer lines and conduit for Verizon cables for telephone and data running through the “MBTA Access Easement” shown on the plan of land prepared by Nitsch Engineering entitled “Easement Plan, Salem Commuter Rail station, Salem, Massachusetts” and attached to the Grant of Easement.
(Grant of Easement plan of land, Salem Commuter Rail Station, Salem, MA is on file at the City Clerks office and can be viewed during normal business hours.)
#556 – RELEASE OF SEWER EASEMENT (6)
The following Order recommended by the Mayor 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.
ORDERED: The Mayor is hereby authorized, on behalf of the City of Salem, to execute a Release of Sewer Easement by the City of Salem of a sewer line no longer in use and shown as “Discontinuance 15’ Wide City of Salem Sewer Easement” on the plan of land prepared by Nitsch Engineering entitled “Easement Plan, Salem Commuter Rail station, Salem, Massachusetts Sheet EAS-2” and attached to the Grant of Easement.
(Grant of Easement plan of land, Salem Commuter Rail Station, Salem, MA is on file at the City Clerks office and can be viewed during normal business hours.)
#557 – MONTHLY FINANCIAL REPORT
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the Monthly Financial Report dated August 31, 2014 be referred to the Committee on Administration and Finance.
#558 – ORDINANCE TRAFFIC, RESIDENT STICKER PARKING EMERTON STREET
Councillor Famico introduced the following Ordinance which 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 Section 75 “General Prohibition Towing Zones” by adding the following:
Emerton Street, both sides in its entirety, resident sticker parking 8:00 PM – 6:00 AM,
Zone C, color green. “Resident Sticker Parking”
Section 2. This Ordinance shall take effect as provided by City Charter.
#559 – ORDINANCE TRAFFIC, RESIDENT STICKER PARKING FORRESTER STREET
Councillor Famico introduced the following Ordinance which 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 Section 75 “General Prohibition Towing Zones” by adding the following:
Forrester Street, both sides from Webb Street to Washington Square East in it’s entirety resident sticker parking 8:00 PM – 6:00 AM, Zone C, color green “Resident Sticker Parking”
Section 2. This Ordinance shall take effect as provided by City Charter.
#560 – (#528 - #530) 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 approval
TAG DAY Salem Academy Charter School, 10/3/14, 10/5/14, 11/1/14 & 11/2/14
Salem Football Boosters, October 12, 2014
Salem High School Boys Basketball, 12/20/14 & 1/24/15
Councillor Milo recused herself due to conflict and left the Chamber.
Councillor O’Keefe assumed the Chair.
#561 – (#518, #561A) PROPOSED PARKING GARAGE AT SALEM STATE UNIVERSITY
Councillor McCarthy offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation. Councillor Furey was recorded as opposed.
The Committee of the Whole to whom was referred the matter of the proposed Salem State University parking garage behind Peabody Hall has considered said matter and would recommend adoption of the attached resolution.
#561A – RESOLUTION SALEM STATE UNIVERSITY PARKING STRUCTURE
RESOLUTION:
WHEREAS: The neighborhood surrounding Salem State University is a Salem Code of Ordinance R-1 Zoned area, residential in nature and entitled to the quiet enjoyment of their homes in consideration of the R-1 zoning, and
WHEREAS: Salem State University implemented their plan to build a 750-vehicle parking structure in the Peabody Lot without adequate notification or feedback from the abutting homeowners and the surrounding neighborhood, and
WHEREAS: The environmental review for Salem State University’s 2013 Master Vision plan appears to have been submitted without the foreknowledge or collaboration of local officials who were thereby essentially denied the right to review, and
WHEREAS: The City Council of Salem, MA recognizes that the planned parking facility is too large for the neighborhood in which it sits, and despite Salem State University’s professed intent to offer mitigation to the abutters the only true full mitigation would be to then demolish the structure, and
WHEREAS: Salem State University has thus far not been able to adequately address the demand for parking by creating alternatives to driving or setting policies to restrict car use and
WHEREAS: Salem State University has a long history of working with the city for the mutual benefit of both of the City and the University
BE IT FURTHER RESOLVED: That we, the undersigned Councillors of the City of Salem, Massachusetts hereby call upon the Trustees of the Salem State University, the Salem State Assistance Corporation, the Massachusetts State College Building Authority, and President of Salem State University to withdraw and re-evaluate their plans to build a 750-car garage on the Peabody Lot in an R-1 Zone, and to work collaboratively with the city and the residents to identify and develop better solutions to the issue of on-campus parking. We ask that the University carefully look at all possible sites on and near the campus, including the Weir property and the O’Keefe Center. We ask that garages be built more in scale with the neighborhood and to smaller sizes. We ask the Trustees to meet directly with the abutters to the proposed garage. And we would ask
that Salem State work with local transportation resources to develop a comprehensive plan for managing traffic and vehicular access to the campus.
Councillor Milo returned to the Chamber
#562 – (#444) REMOVAL OF CITY MARSHAL FROM CIVIL SERVICE
Councillor McCarthy offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of a Home Rule Petition to Legislature to remove position of City Marshall from civil service has considered said matter and would recommend denial. The matter of denial was upheld by a roll call vote of 8 yeas, 3 nays, 0 absent. Councillors Eppley, Furey, Legault, Milo, O’Keefe, Sargent, Siegel, and McCarthy were recorded as voting in the affirmative. Councillors Famico, Gerard and Turiel were recorded in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#563 – (#445) SPECIAL ELECTION
Councillor McCarthy offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of a Special Election be scheduled by the City Clerk for Nov. 4, 2014 for a binding ballot question to petition the legislature for a special act to remove City Marshall from civil service requirement, has considered said matter and would recommend denial. The matter of denial was upheld by a roll call vote of 9 yeas, 2 nays, 0 absent. Councillors Eppley, Furey, Gerard, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. Councillors Famico and Legault were recorded in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#564 – (#169) ORDINANCE AMENDING CH. 2 SEC. 46 APPOINTMENT OF CITY MARSHAL
Councillor McCarthy offered the following report for the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of an Ordinance Amending Ch. 32 Sec. 46, Qualifications, Selection & Appointment of the City Marshall, has considered said matter and would recommend that the matter remain in Committee.
#565 – PETITION TO AMEND THE ZONING MAP FOR PROPERTY LOCATED AT 43 BRIDGE STREET
A petition from Attorney Stephen P. Lovely to amend the zoning map for the property located at 43 Bridge Street from B-4 District to R-2 District was referred to the Planning Board to schedule a joint public hearing with the City Council.
#566 – TAXI OPERATOR APPLICATIONS
The following license applications were granted.
TAXI OPERATORS: Kyle Crosman, 9 Allen Ave., Manchester
Thomas Alley, 4 Horton St., Salem
James Richard, 168 Marlborough Rd., Salem
Juan Jimenez, 15 Pond St., Salem
#567 - #569 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
CLAIMS Joel Espaillet, 50 Palmer St., Salem
Kathryn Burns, 27 Boardman St., Salem
#569 - BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
SIGN New England Dog Biscuit Company, 7 Central St., Salem
(#398) SECOND PASSASGE ORDINANCE ZONING TABLES OF USES NRCC DISTRICT
The matter of second passage of an Ordinance relative to Zoning Ch. 8.4.5 Uses – Table of Uses NRCC District by adding Brewery, Distillery, or Winery with Tasting Room was then taken up. It was adopted for second and final 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.
(#63) SECOND PASSAGE ORDINANCE TRAFFIC TOW ZONE, FLINT STREET
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 74 “General Prohibition Towing Zones” Flint Street was then taken up. It was adopted for second and final passage.
(#506) SECOND PASSAGE ORDINANCE TRAFFIC TOW ZONE, FOWLER STREET
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 74 “General Prohibition Towing Zones” Fowler Street was then taken up. It was adopted for second and final passage.
(#512A) SECOND PASSAGE ORDINANCE TRAFFIC PARKING TIME LIMITED LORING AVENUE
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 57A “Parking Time Limited, Unmetered Zone” Loring Avenue 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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