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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
December 11, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on December 4, 2014 at 6:50 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
- Kristin Lewis – deferred to next speacker.
Councillor Milo recused herself and left the Chamber
- Jeff Rougvie – 422 Lafayette Street – Legal funding regarding Salem State University proposed Parking Garage project
Councillor Milo returned to the Chamber
#678 – NATIONAL GRID CONDUIT ON CHURCH STREET
A hearing was held on the Order of National Grid to install a conduit on Church Street.
Appearing in favor was Sabita Mahabier-Sheehy – representative for National Grid. She stated this is needed to do upgrades.
Councillor Famico asked that National Grid provide the abutters and the Chamber of Commerce with notices prior to doing the work.
There was no-one recorded as opposed.
The hearing was closed and the petition was granted.
#679 – APPOINTMENT OF MARC BERUBE TO THE BEAUTIFICATION COMMITTEE
The Mayor’s appointment of Marc Berube to serve as a member of the Beautification Committee with a term to expire on March 1, 2018, was held until the next meeting under the rules.
#680 – REAPPOINTMENT OF SARA FIORE TO THE BEAUTIFICATION COMMITTEE
The Mayor’s reappointment of Sara Fiore to serve as a member of the Beautification Committee with a term to expire on March 1, 2018, 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.
#681 – REAPPOINTMENT OF WILLIAM PECK TO THE BICYCLING ADVISORY COMMITTEE
The Mayor’s reappointment of William Peck to serve as a member of the Bicycling Advisory Committee with a term to expire on March 1, 2018, 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.
#682 – REAPPOINTMENT OF BART HOSKINS TO THE CONSERVATION COMMISSION
Mayor’s reappointment of Bart Hoskins to serve as a member of the Conservation Commission with a term to expire on March 1, 2018, 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.
#683 – APPROPRIATION TO “DPS – EQUIPMENT” ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Thirty-Two Thousand Four Hundred and Seventy-Five Dollars ($32,475.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to “DPS – Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#684 – APPROPRIATION TO “DPS – EQUIPMENT” ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Appropriation of Ten Thousand Eight Hundred and Twenty-Five Dollars ($10,825.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” account to “DPS – Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#685 – DONATION TO SALEM POLICE DEPARTMENT K-9 DONATION FUND
The following Order recommended by the Mayor was adopted.
ORDERED: to accept a donation in the amount of $2,000.00 from Drew’s Donuts/Dunkin Donuts to be deposited into the Salem Police Department K-9 Donation Fund
#686 – RENAME THE BIKE PATH COMMITTEE
The following Order recommended by the Mayor was adopted.
ORDERED: That the Bike Path Committee, created by the City Council, consisting of seven (7) to eleven (11) members to be appointed by the Mayor and confirmed by the City Council shall hereafter be known as the Salem Bicycling Advisory Committee. All members shall be residents of the City of Salem.
#687 – MAYOR’S REQUEST FOR SPECIAL MEETING
A communication from the Mayor requesting a Special Meeting with the City Council to discuss the Payment-in-lieu-of taxes (PILOT) agreement and separate community benefit (CBA) agreement with FootPrint Power was received and filed.
Councillor O’Keefe assumed the Chair.
Councillor McCarthy moved that a Special Meeting is to be held on Monday, December 15, 2014 at 7:00 PM. It was so voted.
Councillor McCarthy resumed the Chair.
#688 – REVIEW ORDINANCES RELATIVE TO VEHICLE FOR HIRE AND OPERATORS
Councillor Eppley introduced the following Order which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole, meet to review any and all ordinances relative to Vehicle for Hire Operators and Vehicles for Hire. And also to review rules and regulations for Uber and Lift. And that the following be invited: All licensed Taxi Cab and Limousine Companies, Mayor or her designee, City Solicitor, Chief of Police or his designee, Representative from Police Traffic and the City Clerk or her designee.
#689 – ORDINANCE TRAFFIC HANDICAP PARKING REPEAL ABBOTT STREET
Councillor Eppley introduced the following Ordinance which was adopted for first passage.
In the year two thousand and fourteen
An Ordinance to amend and ordinance relative to traffic
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42, Section 50B, “Handicapped Parking Limited Time” is hereby amended by adding the following street:
Repeal Abbott Street in front of #3 for a distance of twenty (20) feet. “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#690 – ORDINANCE TRAFFIC HANDICAP PARKING REPEAL WINTHROP STREET
Councillor Siegel introduced the following Ordinance which was adopted for first passage.
In the year two thousand and fourteen
An Ordinance to amend and ordinance relative to traffic
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42, Section 50B, “Handicapped Parking Limited Time” is hereby amended by adding the following street:
Repeal Winthrop Street in front of #70 at the property line, for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#691 – ORDINANCE TRAFFIC HANDICAP PARKING DUNLAP STREET
Councillor Gerard introduced the following Ordinance which was adopted for first passage.
In the year two thousand and fourteen
An Ordinance to amend and ordinance relative to traffic
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42, Section 50B, “Handicapped Parking Limited Time” is hereby amended by adding the following street:
Dunlap Street in front of #12 for a distance of twenty (20) feet, “Handicap Parking, Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#692 - ORDINANCE TRAFFIC HANDICAP PARKING STATION ROAD
Councillor O’Keefe introduced the following Ordinance which was adopted for first passage.
In the year two thousand and fourteen
An Ordinance to amend and ordinance relative to traffic
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Chapter 42, Section 50B, “Handicapped Parking Limited Time” is hereby amended by adding the following street:
Station Road in front of #23 for a distance of twenty (20) feet, “Handicap Parking, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter
#693 – TAG DAY
Councillor O’Keefe introduced the following Order which was adopted.
ORDERED: That the attached Tag Day Application for the Salem High School Cheerleading to be held on 12/21/14, 1/11/15 & 1/25/15 be granted
#694 – MAYOR BUDGET FUNDS FOR RETAINING LAW FIRM
Councillor O’Keefe introduced the following Order which was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole. Councillor Furey and Famico were recorded as opposed.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
ORDERED: On September 25, 2014, by a 9-1 vote, the Council voted to call upon the Trustees of Salem State University, the Salem State Assistance Corporation, the Massachusetts State College Building Authority and the President of Salem State University to withdraw and re-evaluate their plan to build a 750 car garage on the Peabody lot in a R1 zone and to work collaboratively with the City and the residents to identify and develop better solutions to the issue of on-campus parking, including the Weir property and the O’Keefe Center.
Despite this Resolution and the opposition of the Mayor, the State Senator and the Representative elect, as well as the Council, the University, through its Trustees and President, continue to move forward with this disturbing project.
In view of this, the Salem City Council hereby requests the Mayor to budget funds for the purpose of retaining the law firm of Anderson and Kreiger to represent the City and its residents in whatever legal action that said firm determines is in the best interest of the City and its residents to stop the garage from being built.
#695 – ORDINANCE TRAFFIC TOW ZONE, PRATT STREET
Councillor Famico introduced the following Ordinance which was adopted for first passage.
In the year two thousand and fourteen
An Ordinance to amend and 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, Towing Zones” is hereby amended by adding the following street:
Pratt Street beginning at the intersection of High Street Court in a southerly direction both sides in it’s entirety, to number 16-18 Pratt Street “No Parking Tow Zone.”
#696 – MORATORIUM ON THE ISSUANCE OF LIQUOR LICENSES & SEASONAL LIQUOR LICENSES
Councillor Sargent introduced the following Order. The order was withdrawn.
ORDERED: That there be a moratorium on the issuance of new Home Rule Petition Liquor Licenses except for applications in the B-5 Zone District and also a moratorium on the issuance of new Seasonal Liquor Licenses except for application in the B-5 Zone District and located on City of Salem property until order #655 of 2014 is completed and an ordinance is in place. This order will not affect existing liquor licenses or prevent their renewal.
#697 – AMEND RULES FOR USE OF ELECTRONIC DEVICES DURING A COUNCIL MEETING
Councillor Milo introduced the following Order which was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
ORDEREDThat the rules and Orders of the City Council be amended by adding a new rule:
Sec. 39. Use of Electronic Devices during Meetings of the City Council.
#698 – (#672 – 674) 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 granting certain licenses, has considered said matter and would recommend that the following licenses be granted.
JUNK DEALER Newark Recycled Fibers, 53 Jefferson Ave., Salem
SEAWORM Timothy Lynch, 28 Anawan Ave., Saugus
Paul Lynch, 28 Anawan Ave., Saugus
Jose Machado, 138 Lynnfield St., Peabody
Eduardo Santos, 4 Collins St., Peabody
SECOND HAND Glass & Etc. Museum Place Mall, Salem
VALUABLE Salem Coin & Jewelry, 149 North St., Salem
Jacqueline A. Satin, 69 Wharf St., Salem
Tobies Jewelry, 142 Washington St., Salem
Old Naumkeag Antiques, 1 Hawthorne Blvd., Salem
Game Zone, 270 Essex St., Salem
#699 – CARRYING MATTERS FORWARD INTO 2015
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of carrying matters forward in Committee has considered said matter and would recommend that rule 31B is suspended and the enclosed matters be brought forward into 2015.
#700 – (#655) RULES AND GUIDELINES FOR SEASONAL & HOME RULE PETITION LIQUOR LICENSES
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.
Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of creating an Ordinance regarding rules and guidelines for Seasonal and Home Rule Petition Liquor Licenses has considered said matter and would recommend that the matter remain in committee.
#701 – 701A ORDINANCE RELATIVE TO FISHING AT GREENLAWN CEMTERY; PENALTY
FOR VIOLATION
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.
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 rules and regulations for care and use of cemeteries has considered said matter and would recommend Adoption for first passage.
Adopted for first passage by roll call vote 9 yeas, 2 nays, 0 absent. Councillors Famico, Furey, Gerard, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. Councillors Eppley and Legault were recorded as voting in the negative.
In the year two thousand and fourteen
An Ordinance to amend an Ordinance relative to Cemeteries
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 16, Article III, Section 110. Fishing in Greenlawn Cemetery; penalty
for violation be amended by adding the following new section, Fishing will not be allowed in
Greenlawn Cemetery, and any violation shall be liable to a fine not exceeding $50.00.
Section 2. This Ordinance shall take effect as provided by City Charter.
#702 – CARRYING MATTERS FORWARD INTO 2015
Councillor Turiel offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of carrying matters forward in Committee has considered said matter and would recommend that Rule 31B is suspended and all matters be brought forward into 2015.
#703 - CARRYING MATTERS FORWARD INTO 2015
Councillor McCarthy offered the following report for the Committee of the Whole.
The Committee of the Whole to whom was referred the matter of carrying matters forward in Committee has considered said matter and would recommend recommend that Rule 31B is suspended and all matters be brought forward into 2015.
#704 – LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Fran Marrow, 12 Strawberry Hill Lane, Danvers
Hannah Diozzi, 20 Pleasant St., Salem
Robert Kieran, 14 Tremont St., Salem
Charles Galvin, 5 Warren St., Salem
Linda Harris, 3 Buford Rd., Peabody
David Harris, 3 Buford Rd. Peabody
Nancy Sweeter, 60 Burley St., Danvers
Abigail Russell, 37 Forest St., Wakefield
John Flanagan, 38 Bayview Terrace, Danvers
Brigitta Amsler, 286 Ocean Ave., Marblehead
Robert Anthony, 37 Boardman St., Salem
Jeffrey Howard, 14 Proctor St., Gloucester
TAXI OPERATORS Dionil Abreu, 24 Grove St., Salem
#705 – #710 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
JUNK DEALER Frederic Hutchins, 15 Robinson Rd., Salem
SEAWORM Tomohiro Shiraishi, 58 Everett St., East Boston
SECOND HAND Boston St. Resale, 134 ½ Boston St., Salem
CLOTHING Re-Find LLC, 244 Essex St., Salem
Re-Find LLC, 72 Washington St., Salem
Modern Millie, 3 Central St., Salem
SECOND HAND Once & Again, 45 Bridge St., Salem
VALUABLE
TAG DAY S.H.S. Gymnastices, 1/18/15 & 2/7/15
#711 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The follow Drainlayer/Contract Operator license applications were granted.
J. Derenzo Co., 338 Howard St., Brockton
Cahill Development, 9 Shortell Ave., Beverly
DeIulis Brothers Construction, 31 Collins St. Terr., Lynn
Joseph P. Cardillo & Son, 1 Melvin St., Wakefield
Pumel Enterprises, Inc., 5 Fairview Rd., Salem
R.B. Strong Excavating & Sewerage, 122 Western Ave., Gloucester
TDS, Inc., 2 Peter Dr., Sterling, MA
WES Construction Corp., 650 Industrial Dr., Halifax
Bond Bros., Inc., 145 Spring St., Everett
Caruso Corp., 320 Charger St., Revere
J.J. O’Brien & Sons, Inc., 5 Fern St., Waltham
James W. Flett, 800 Pleasant St., Belmont
McGrath Enterprises, 28 Oakville St., Lynn
N. Granese & Sons, 59 Jefferson Ave., Salem
Spencer Contracting, 101C Foster St., Peabody
#712 - #716 BONDS
The following Bonds were referred to the Committee on Ordinance, Licenses and Legal Affairs and returned approved.
DRAINLAYER: J. Derenzo Co., 338 Howard St., Brockton
J.J. O’Brien & Sons, Inc., 5 Fern St., Waltham
James W. Flett, 800 Pleasant St., Belmont
Bond Bros., Inc., 145 Spring St., Everett
SIGN: Roost Urban County Design, 38 Front St., Salem
(#515) – SECOND PASSAGE ZONING EXTEND B-5 ZONE, 38 WASHINGTON SQUARE
The matter of second and final passage of an Ordinance amending Zoning map to extend the B-5 Central Development District to include 38 Washington Square South 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.
(#565) – SECOND PASSAGE ZONING EXTEND R-2 DISTRICT, 43 BRIDGE STREET
The matter of second and final passage of an Ordinance amending Zoning map to extend the R-2 District to include 43 Bridge Street 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.
(#397) – SECOND PASSAGE ZONING URBAN AGRICULTURE (CHICKENS)
The matter of second and final passage of an Ordinance to amend Zoning by adding to Section 10.0 by adding definitions for Urban Agriculture and Section 3.0 Table of Principal and Accessory Use Regulations 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.
(#651) – SECOND PASSAGE ORDINANCE TRAFFIC, SERVICE ZONE JACKSON STREET
The matter of second and final passage of an Ordinance relative to Traffic Service Zone, Jackson Street was then taken up. It was adopted for second and final passage.
(#653) – SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING OBER STREET
The matter of second and final passage of an Ordinance relative to Traffic Handicapped Parking, Limited Time, Ober Street was then taken up. It was adopted for second and final passage.
Councillor Sargent requested and received a moment of silence and the banging of the gavel on the passing of City Clerk Josephine Fusco.
On the motion of Councillor O’Keefe the meeting adjourned at 9:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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