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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
February 26, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 19, 2015 at 4:22 P.M. This meeting is being taped and is live on S.A.T.V.
Absent Councillor Gerard, Councillor O’Keefe arrived at 7:10 P.M.
Council President Sargent presided.
Councillor Eppley 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
NONE
#122 – HEARING COMCAST CONDUIT ON HAWTHRONE BOULEVARD
A hearing was held with Comcast to install conduit on Hawthorne Boulevard.
Appearing in favor:
Tim Broderick representative of Comcast located in North Reading, Mass. Stated this conduit is needed to supply service.
Councillor McCarthy asked if Mr. Broderick is aware of the Cable Project by National Grid.
Mr. Broderick responded yes Comcast is coordinating with National Grid.
There was no one appearing opposed.
Councillor McCarthy moved that the hearing be closed. It was so voted.
Councillor McCarthy moved adoption. It was so voted.
(#68) – APPOINTMENT OF MARK DANDERSON TO THE BOARD OF HEALTH
Held from the last meeting, 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. It was confirmed by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel, Siegel, Milo, McCarthy, Legault, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillors O’Keefe and Gerard were recorded as absent.
#123 – REAPPOINTMENT OF THOMAS CAMPBELL TO CONSERVATION COMMISSION
The Mayor’s reappointment of Thomas Campbell to serve as a member of the Conservation Commission with a term to expire on March 1, 2018, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.
#124 – REAPPOINTMENT OF MICHAEL CAGGIANO TO PARKING BOARD
The Mayor’s reappointment of Michael Caggiano to serve as a member of the Parking Board with a term to expire on March 1, 2016, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.
#125 – REAPPOINTMENT OF RINUS OOSTHOEK TO PARKING BOARD
The Mayor’s reappointment of Rinus Oosthoek to serve as a member of the Parking Board as the Salem Chamber of Commerce nominee with a term to expire on March 1, 2016, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.
#126 – REAPPOINTMENT OF PETER COPELAS TO ZONING BOARD OF APPEALS
The Mayor’s reappointment of Peter Copelas to serve as a member of the Zoning Board of Appeals with a term to expire on March 1, 2018, was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.
#127 – CONSTABLE
The Mayor’s reappointment of Paul Minksy to serve as a Constable with a term to expire on February 6, 2018, was received and filed.
#128 – APPOINTMENT OF TYLER GLODE TO THE CONSERVATION COMMISSION
Received after the deadline of Tuesday Noon under suspension of the rules.
The Mayor’s appointment of Tyler Glode to serve as a member of the Conservation Commission with a term to expire March 1, 2018, was held until the next meeting.
#129 – APPORPRIATION TO “DPS – SEWER EQUIPMENT LEASE”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Sixty-Nine Thousand, Fifty-Five Dollars and Sixty-Three Cents ($69,055.63) is hereby appropriated from the “Retained Earnings – Sewer Fund” account to the “DPS – Sewer Equipment Lease” account for the Five Year Lease/Purchase of a Vactor Truck in accordance with the recommendation of Her Honor the Mayor.
#130 – 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 Sixty-Two Thousand, Eight Hundred and Fifty-One Dollars ($62,851.00) is hereby appropriated from the “Retained Earnings – Water Fund” account to the “Engineering – Water Contracted Services” account in accordance with the recommendation of Her Honor the Mayor.
#131 – COMMUNICATION FROM MAYOR TO UPDATE COUNCIL ON SALEM POWERCHOICE
A communication from the Mayor requesting an opportunity to provide and update with the aggregation consultants on the Salem PowerChoice, Salem’s municipal electrical aggregation program was received and filed.
#132 – COMMUNICATION FROM THE MAYOR TO ADDRESS ISSUE RELATED TO TRASH AND RECYCLING PICKUP
Received after the deadline of Tuesday Noon under suspension of the rules.
A communication from the Mayor requesting opportunity to address the City Council to update on the on-going challenges with customer service and related contractual issues with curbside trash and recycling contractor, Northside Carting, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
#133 – TEMPORARY NO PARKING SIGNS
Councillor Famico introduced the following Order which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole meet to discuss temporary no parking signs.
#134 – MONTHLY FINANCIAL REPORT
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the monthly Financial Report dated January 31, 2015 be referred to the Committee on Administration and Finance
#135 – RAISE THE IRISH AT RILEY PLAZA
Councillor Eppley introduced the following Order which was adopted.
ORDER: That the Director of Park, Recreation and Community Services raise the Irish Flag at Riley Plaza on March 13 through March 17th, 2015 in honor of St. Patrick’s Day.
#136 – (#106 - #107) GRANTING 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 granting certain licenses has considered said matter and would recommend that the following licenses be granted.
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
#137 – (#83) ALGONQUIN GAS CONSTRUCTION OF NATURAL GAS PIPELINE
Councillor Siegel 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 the Committee of the Whole to whom was referred the matters of Algonquin Gas has considered said matters and would recommend adoption by roll call votes.
1. Agreement to construct gas pipeline.
Adopted by roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.
2. License to work on City owned land.
Adopted by roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Turiel, Siegel, O’Keefe, Milo, McCarthy, Legault, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.
3. Grant Permanent easement on City owned land.
Adopted by roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Turiel, Siegel,O’Keefe, Milo, McCarthy, Legault, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.
- Execute Agreement Authorizing Order of Taking.
Adopted by roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Turiel, Siegel,O’Keefe, Milo, McCarthy, Legault, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Gerard was recorded as absent.
#138 – (#89) SNOW REMOVAL PLANS FOR ELDERLY AND DISABLED
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 to discuss plans to help the elderly and disabled with snow removal has considered said matter and would recommend this matter remain in committee
#139 – (#90) AMENDING ORDINANCE CH. 38 SEC. 13 REMOVAL OF SNOW FROM SIDEWALKS
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 amending an Ordinance relative to Chapter 38 Section 13 – “Removal of Snow from Sidewalks” has considered said matter and would recommend that the Ordinance be adopted for first passage.
In the year Two Thousand and Fifteen
An Ordinance to amend an Ordinance relative to fines for failing to remove snow and ice from sidewalks
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 38 Streets and Sidewalks, Article 1, Section 38-13. – Removal of Snow from Sidewalks is hereby amended by deleting the following sentence.
“If he neglects to do so, he shall be fined $25.00 for the first offense, $75.00 for the second offense and $100.00 for the third and subsequent offenses.”
And replace it with the following sentence:
“If he neglects to do so, he shall be fined $25.00 for the first offense and $50.00 for each subsequent offenses.”
Section 2. Chapter 38 Streets and Sidewalks, Article 1, Section 38-14 – Removal of Ice from Sidewalks is herby amended by deleting the following sentence:
“If he neglects to do so, he shall be fined $50.00 for the first offense, $75.00 for the second and $100.00 for the third and subsequent offenses.”
And replace it with the following sentence.
“If he neglects to do so, he shall be fined $50.00 for each offense.”
Section 3. That these fines be retroactive back to January 1, 2015.
Section 4. This Ordinance shall take effect as provided by City Charter.
#140 – (#22, 29, 60, 61, 105) TAXI OPERATOR LICENSE DENIALS
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 five taxi operator hearings on denial of license, has considered said matter and would recommend the following:
Ramon Espinal – That his taxi operator license be granted
Jose Fabian – That his taxi operator license be granted with the following condition:
“That if there is one more moving violation then his license will be
Suspended”
Adonis Diaz – That his taxi operator license be denied
Camilo Divanne - Remain in Committee and be invited to another meeting
Sandy Jaquez-Gil – Remain in Committee and be invited to another meeting
#141 – HOME RULE PETITION FOR CINEMAWORLD
Councillor Siegel 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 the Committee of the Whole to whom was referred the matter of a Home Rule Petition for an additional liquor license for Cinemaworld located at 355 Highland Avenue has considered said matter and would recommend Adoption by roll call vote.
Councillor O’Keefe assumed the Chair
Councillor Sargent moved that the matter remain in Committee. Seconded by Councillor Siegel.
Councillor Sargent resumed the Chair.
Motion failed by roll call vote of 2 yeas, 8 nays, 1 absent. Councillor Siegel and Sargent were recorded as voting in the affirmative. Councillors Turiel, O’Keefe, Milo, McCarthy, Legault, Furey, Famico, and Eppley were recorded as voting in the negative. Councillor Gerard was recorded as absent.
Home Rule Petition Adopted by roll call vote of 8 yeas, 2 nays, 1 absent.. Councillors Turiel, O’Keefe, Milo, McCarthy, Legault, Furey, Famico, and Eppley were recorded as voting in the affirmative. Councillor Siegel and Sargent were recorded as voting in the negative. Councillor Gerard was recorded as absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#142 – CREATION AN ORDINANCE FOR SEASONAL LIQUOR LICENSES AND HOME RULE PETITION LIQUOR LICENSES
Councillor Siegel 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 the Committee of the Whole to whom was referred the matter of creating an Ordinance for Seasonal and Home Rule Petition liquor licenses using the established rules and guidelines has considered said matter and would recommend the matter remain in Committee.
#143 – PETITION FROM VERIZON AND MASS. ELECTRIC FOR JOINTLY OWNED POLES
A petition from Verizon and Mass. Electric to relocate five (5) jointly owned poles on Grove Street was granted.
#144 – ROAD RACE B&S FITNESS (BLACK CAT)
Held from the last meeting, request from B&S Fitness to hold a road race (Black Cat) and use of city streets on Saturday, March 7, 2015, was denied.
#145 – ROAD RACE B&S FITNESS (KEVIN O’BOYLE 5K)
Request from B&S to hold a road race (Kevin O’Boyle 5K) and use of city streets on Saturday, August 22, 2015, was granted.
#146 – ROAD RACE B&S FITNESS (WICKED Y2 MARATHON)
Request from B&S Fitness to hold a road race (Wicked Y2 Marathon) and use of city streets on Saturday, September 19, 2015, was granted.
#147 – ROAD RACE (SALEM DOG TAG 5K)
Request from Kim Emerling and Patrick Cornell to hold a road race (Salem Dog Tag 5K) and use of city streets on Saturday, November 7, 2015, was granted.
#148 - #148 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES: Marc Gauthier, 40 Oak Ave., Peabody
Stephen Busby, 9 Hillside Ave., Marblehead
PUBLIC GUIDES Kevin Stirnweis, 26 Ruby Ave., Marblehead
CONTINUED Victoria McKillop, 568 Bay Rd., Hamilton
Douglas Pilkington, 167 Haverhill St., Rowley
PJ Maguire, 102 Shanley Dr., Attleboro
Michael Vitka, 7 Liberty Hill Ave., Salem
TAXI OPERATORS: Maximo Diaz-Villar, 61 Congress St., Salem
#149 – TAG DAY APPLICATION
The following license application was referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAYS S.H.S. Boys Soccer, Sept. 12, 2015 & Oct. 17, 2015
#150 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator license was granted.
Dow Company, Inc., 1112 Broadway Rd., Dracut
#151 - #161 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Franklyn Gonzalez, 22 Bridge St., Salem
Andrew Ingemi, 168 Essex St., Salem
Nathan Koontz, 11 Chase St., Salem
David Skinner, 3 Webster St., Salem
Rebecca Walton, 3 Webster St., Salem
Janieka Jones, 75 Palmer St., Salem
Rodney Banyoya, 9 Geneva St., Salem
Peter S. Adams, 4 Wisteria St., Salem
Michael Jellerson, 50 Summer St., Gloucester
Art McDonald,193-195 Lafayette St., Salem
(for 193-195 Lafayette St. Condo Assoc.)
Stephen Stark, 86D Wharf St., Salem
(#86) – SECOND PASSAGE ORDINANCE TRAFFIC SERVICE ZONE REPEAL BROADWAY
The matter of second passage of an Ordinance amending Traffic Ch. 42 Sec. 13 “Service Zone” Repeal Broadway was then taken up. It was adopted for second and final passage.
(#87) – SECOND PASSAGE ORDINANCE TRAFFIC “PARKING TIME LIMITED BROADWAY”
The matter of second passage of an Ordinance amending Traffic Ch. 42 Sec. 57A “Parking Time Limited Unmetered Zone” Broadway was then taken up. It was adopted for second and final passage
On the motion of Councillor O’Keefe the meeting adjourned at 9:12 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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