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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
February 12, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 5, 2015 at 6:18 P.M. This meeting is being taped and is live on S.A.T.V.
All Councillors were present.
Council President Sargent presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Sargent requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
- Kenneth Sawicki – 40 School Street – Homelessness , Public Testimony
- Patrick Curtin – 19 Raymond Avenue – Finance Report relative to Salem State University Garage
- Teasie Riley Goggin – 9 Wisteria Street - Finance Report relative to Salem State University Garage, Portrait of George Washington
(#40) – APPOINTMENT OF ANTHONY SCHETTINO TO COUNCIL ON AGING BOARD
Held from the last meeting, Mayor’s appointment of Anthony Schettino to serve as a member of the Council on Aging with a term to expire on May 1, 2015, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
#68 – APPOINTMENT OF MARK DANDERSON TO THE BOARD OF HEALTH
The Mayor’s appointment of Mark Danderson to serve as a member of the Board of Health with a term to expire on March 1, 2018, was held until the next meeting under the rules.
#69 – REAPPOINTMENT OF MAUREEN CALL TO SALEM HOUSING AUTHORITY
The Mayor’s reappointment of Maureen Call to serve as a member of the Salem Housing Authority with a term to expire on March 1, 2020, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
#70 - APPOINTMENTS AND REAPPOINTMENTS
The Mayor’s appointment of Richard Heath to serve as a Constable with a term to expire on January 26, 2016, was received and placed on file.
#71 – APPROPRIATION TO “STABILIZATION, CAPITAL IMPROVEMENT & OPEB ACCOUNTS”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of One Million, Five Hundred and Seven Thousand, Three Hundred and Fifty-Six ($1,507,356.00) Dollars is hereby appropriated from “General Fund Balance Reserved for Free Cash” account to the following special revenue funds. The amount of free cash to be transferred in per the City’s Financial Policies and in accordance with the recommendation of Her Honor the Mayor.
Stabilization Fund (20%) 669,936.00
Capital Improvement Fund (20%) 669,936.00
Other post employ benefits (OPEB) (5%) 167,484.00
TOTAL 1,507,356.00
#72 – APPROPRIATION TO “STABILIZATION FUND”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Six Hundred Thousand Dollars ($600,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Stabilization Fund” in accordance with the recommendation of Her Honor the Mayor.
#73 – APPROPRIATION TO “TREASURER’S PENSION ASSESSMENT” ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That 5% of Free Cash Certification totaling One Hundred and Sixty-Seven Thousand Four Hundred and Eighty-Four Hundred Dollars ($167,484.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the “Treasurer’s Pension Assessment” account in accordance with the recommendation of Her Honor the Mayor.
#74 – APPROPRIATION TO “ENGINEERING – WATER CONTRACTED SERVICES”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Ninety-Two Thousand Dollars ($92,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to “Engineering – Water Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.
#75 – APPROPRIATION TO “DPS – WATER OVERTIME”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Forty Thousand Dollars ($40,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “DPS – Water Overtime” account in accordance with the recommendation of Her Honor the Mayor.
#76 – APPROPRIATION TO “DPS – WATER INFRASTRUCTURE REPAIR”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “DPS – Water Infrastructure Repair” account in accordance with the recommendation of Her Honor the Mayor.
#77 – TRANSFER TO “PARK & RECREATION – GOLF COURSE EQUIPMENT”
The following Order recommended by the Mayor was adopted.
ORDERED: That the sum of Sixty-Three Thousand and Twenty-Eight Dollars ($63,028.00) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the “Park & Recreation – Golf Course Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#78 – APPROPRIATION TO “TREASURER’S PROFESSIONAL FEES”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Twenty-Eight Thousand, Eight Hundred and Two Dollars and Ninety-Five Cents ($28,802.00) is hereby appropriated from the “Retained Earnings – Water/ Sewer Fund” accounts listed below to the “Treasurer’s Professional Fees” account in accordance with the recommendation of Her Honor the Mayor.
Sewer – Retained Earnings 7,316.63
Water – Retained Earnings 21,486.32
#79 – APPROPRIATION TO “PLANNING DEPARTMENT – CONTRACTED SERVICES”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Nine Thousand Dollars ($9,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Planning Department – Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.
#80 – APPROPRIATION TO “HEALTH DEPARTMENT – RODENT CONTROL”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Two Thousand Dollars ($2,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Health Department – Rodent Control” account in accordance with the recommendation of Her Honor the Mayor.
#81 – APPROPRIATION TO “VETERANS – IN STATE TRAVEL”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of One Thousand, Five Hundred Dollars ($1,500.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Veterans – In State Travel” account in accordance with the recommendation of Her Honor the Mayor.
#82 – DONATION TO RECREATION DONATION FUND
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from Fest Events of New England – Salem Seafood Festival in the amount of Four Thousand Five Hundred and Thirty-Five Dollars ($4,535.00) to restore the gazebo and other renovations at Salem Willows Park. These funds will be deposited into the Recreation Donation Fund in accordance with the recommendation of Her Honor the Mayor.
#83 – AGREEMENTS WITH ALGONQUIN GAS TRANSMISSION, LLC
The following Order recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
ORDERED: The Mayor is hereby authorized, on behalf of the City of Salem, to:
- Execute an Agreement, a copy of which is attached hereto, between Algonquin Gas Transmission, LLC (“Algonquin”) and the City of Salem, Massachusetts (the “City”) relative to Algonquin’s construction of a new 1.2-mile, 16-inch diameter natural gas pipeline and a metering and flow regulating station in the City authorized by a Certificate of Public Convenience and Necessity issued by the Federal Energy Regulatory Commission.
- Grant a license to Algonquin to conduct work on the parcel of land owned by the City that is designated as Article 97 property within the Agreement.
- Grant permanent easements required by Algonquin on the City-owned parcels shown on the plans listed on and attached to Exhibit 4 of the Agreement, including the parcel of land owned by the City that is designated as Article 97 property within the agreement. The Grant of Easement shall be in the form substantially similar to that attached as Exhibit 5 for the permanent easements needed on the City-owned parcels identified in Exhibit 1.
- Execute an agreement authorizing an Order of Taking to be issued by the United States District Court for the District of Massachusetts in a condemnation action filed by Algonquin with respect to easements on the City-owned parcels identified as Tract No. I-18-6 on Exhibit 1 which is subject to Article 97 of the Massachusetts Constitution and any City-owned parcels as to which the City’s title is uncertain or defective.
#84 – TAG DAYS
Councillor Siegel introduced the following Order, which was adopted.
ORDERED: That the enclosed three tag day applications be granted:
S.H.S. Percussion 2/14/15,
Salem Jr. & Sr. Winter Colorguards 2/21/15
S.H.S. Girls Basketball 2/15/15 and 2/28/15.
#85 – RELOCATE THE PORTRAIT OF GEORGE WASHINGTON BACK IN THE COUNCIL CHAMBER
Councillor Milo introduced the following Order, which was adopted.
ORDERED: That the City Council explore the process of having the portrait of George Washington moved back into the City Council Chambers behind the Council President and that the matter be referred to the Committee on Government Services co-posted with the Committee of the Whole
#86 – ORDINANCE AMENDING TRAFFIC CH. 42 SEC. 13 SERVICE ZONE BROADWAY
Councillor Turiel introduced the following Order, which was adopted for first passage.
In the year two thousand and fifteen
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 Zone” is hereby amended by repealing the following:
Repeal Broadway, westerly side, beginning at a point twenty (20) feet from Loring Avenue for a distance of fifty (50) feet, Monday through Friday 8:00 AM to 8:00 PM, No Parking Service Zone (4-12-2012)
Section 2. This Ordinance shall take effect as provided by City Charter.
#87 – ORDINANCE AMENDING TRAFFIC CH. 42 SEC. 57A PARKING TIME LIMITED UNMETERED ZONE BROADWAY
Councillor Turiel introduced the following Order, which was adopted which was adopted for first passage.
In the year two thousand and fifteen
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 57A “Parking Time Limited Unmetered Zone” is hereby amended by adding the following:
Broadway, westerly side, beginning at a point twenty feet from Loring Ave. in a northerly direction for a distance of fifty feet, thirty minute parking, Monday – Saturday 7:00 AM to 5:00 PM
Section 2. This Ordinance shall take effect as provided by City Charter.
#88 – TRAFFIC STUDY OF SALEM STATE UNIVERSITY NORTH CAMPUS ACCESS
Councillor O’Keefe introduced the following Order which was adopted.
ORDERED: That the Committee of the Whole meet to review the Traffic Peer Review of Salem State University North Campus Access Study and the intersection of Lafayette Street and Loring Avenue dated February 5, 2015 and submitted as requested by the City of Salem by Fay, Spofford & Thorndike, LLC Task Order No. 20 of MSA-37(B).
#89 – SNOW REMOVAL FOR ELDERLY AND HANDICAPPED RESIDENTS
Councillor Siegel introduced the following Order which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss a plan to help the elderly and disabled with snow removal and the following be invited: Building Inspector or his designee, Solicitor, Mayor or her designee, Council on Aging Director, a representative of the Boys and Girls Club and DPW Director or his designee.
#90- AMENDING ORDINANCE CHAPTER 38, SECTION 38-13 SNOW REMOVAL
Councillor Siegel introduced the following Order which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss and make corrections to Ordinance section 38-13 Removal of Snow from Sidewalks and that the following be invited: Solicitor, Building Inspector or his designee, Mayor or her designee.
#91 – (#62) GRANTING CERTAIN LICENSES
Councillor Siegel 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 licenses be granted
TAG DAYS Salem Little League, 5/9/15, 6/6/15, 6/20/15
#92 – (#694 of 2014) REQUEST FOR FUNDS FOR LAW FIRM TO STOP SSU FROM BUILDING A GARAGE
Councillor Turiel offered the following report for the Committee on Administration & Finance co-posted with the Committee of the Whole. It was voted to accept the report. The recommendation was not accepted.
Councillor Milo left the Council Chamber due to conflict.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a request to budget funds to retain a law firm for legal action to stop Salem State University garage from being built has, considered said matter and would recommend that it not be approved.
Councillor McCarthy moved that the matter remain in Committee. It was so voted.
Councillor Furey was recorded as opposed.
Councillor Milo returned to the Council Chamber
#93 – (#48) SEVEN YEAR LEASE AGREEMENT WITH CENTURY BANK FOR STREET LIGHTING
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 by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter to authorize the Mayor to execute a 7 year lease agreement with Century Bank for the replacement of street lights, has considered said matter and would recommend approval.
#94 – SET PRELIMINARY CITY ELECTION DATE PER MGL CHAPTER 54, SECTION 103P
A communication from the City Clerk to adopt the following Order:
ORDERED: that the date for the City of Salem’s Preliminary Election be set for Tuesday, September 29, 2015 in accordance with MGL Chapter 54, Section 103P in order that the election does not conflict with the Jewish holidays.
The Order was adopted by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative.
#95 – CONDUIT ON HAWTHORNE BOULEVARD
A hearing was ordered for February 26, 2015 on the request from Comcast to install conduit on Hawthorne Blvd.
#96 – REQUEST TO MEET WITH CITY COUNCIL RELATIVE TO HOMELESSNESS AND PUBLIC TESTIMONY
A request from Kenneth Sawicki to meet with Council to discuss Public Testimony and Homelessness in Salem was referred to the Committee on Public Health, Safety and Environment co-posted with Committee of the Whole.
#97 – ROAD RACE
A request from B&S Fitness to hold a road race (Black Cat) and use of city streets on Saturday, March 7, 2015 was held until the next meeting.
#98 – ROAD RACE
A request from Boys and Girls Club to hold a road race (Bridge & Back) and use of city streets on Sunday, August 2, 2015 was granted.
#99 – ROAD RACE
A request from Park and Recreation to hold a road race (Derby St. Mile) and use of city streets on Friday, August 21, 2015 was granted.
#100 – ROAD RACE
A request from Boys and Girls Club to hold a road race (Wild Turkey Run) and use of city streets on Thursday, November 26, 2015 was granted.
#101 – ROAD RACE
A request from Parents United of Salem to hold a road race (Festivus 5K)) and use of city streets on Sunday, December 13, 2015 with a snow date of Sunday, December 20, 2015, granted.
#102 - #103 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES: Kevin Wynott, 64 Veterans Memorial Dr., Peabody
Ryan Boettcher, 89 Linden St., Salem
Robert Gautreau Jr., 222 Stackpole St., Lowell
Jeff Bellin, 396 Essex St., Salem
Cynthia Haigh, 4 Brackett St., Milton
TAXI OPERATORS: Tirsson Ozoria, 57 Harbor St., Salem
Samuel Kingsley, 16 Pingree St., Salem
TAXI OPERATORS Andrew Smith, 69 North Common St., Lynn
CONTINUED Gustavo Rodriguez, 108 Lafayette St., Salem
Juan Roman, 24 Ward St., Salem
Alfredo Pina, 12 First St., Salem
Genaro Roman, 3 Abington Ave., Peabody
Alexis Infante, 10 Shillaber St., Salem
Franklin Pimental, 101 Springfield St., S. Lawrence
Reynaldo Garcia, 10 Pope St., Salem
Jaime Lopez, 3 Kingsley Ter., Lynn
Jose Munoz, 46 Peabody St., Salem
John Sutherland, 28 Proctor Cir. Peabody
Eladio Pena, 38 Peabody St., Salem
#104 – LICENSE APPLICATION
The following license application was denied.
TAXI OPERATOR: Sandy Jaquez-Gil, 47 Aborn St., Peabody
#105 - HEARING REQUEST ON DENIAL OF LICENSE
A request for a hearing from Sandy Jaquez-Gil on the denial of his taxi operator license was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#106 - #107 TAG DAY APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAYS S.H.S. Concert Band & Wind Ensemble, 5/30/15
S.H.S. Marching Band, 12/5/15
S.H.S. Girls Track Team, 3/21/15 & 5/2/15
#108 - #110 DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS
The following Drainlayer/Contract Operator License were granted.
Ciampa Construction, 36 Dewey St., Saugus
Roto Rooter Services, 175 Maple St., Stoughton
W.L. French Excavating Corp., 3 Survey Circle, N. Billerica
#111 - #118 CLAIMS
The following Claims referred to the Committee on Ordinances, Licenses and Legal Affairs.
Donna Warne, 17 Duston Ridge Rd., Hampstead, NH
Frances Orlando, 48 Dunlap St., Salem
Gavin Young, 5 Barton Sq., Salem
Jose Toribio, 105 congress St., Salem
Ralph Liberty, 9 Magnolia Way, Peabody
Peter Jermyn, 10 High St., Salem
Edward Sowinski, 10 Heritage Dr. Salem
Dustin Quadros, 24 Norman St., Salem
#119 - #121 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: Richard Heath, 18 Walnut St., Peabody
DRAINLAYER: W.L. French Excavating Corp., 3 Survey Circle, N. Billerica
SIGN: Family Convenience Store, 247 Jefferson Ave., Salem
(#50) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING REPEAL BECKET STREET
The matter of second passage of an Ordinance amending Traffic Ch. 42 Sec. 50B “Handicapped Parking, Limited Time” Repeal Becket Street was then taken up. It was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 9:06 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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