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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
March 26, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 19, 2015 at 5:39 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
1. Janet Greene, 72 Orchard St., Salem, MA - (signed up but wasn’t in attendance to speak)
(#162) – APPOINTMENT OF JAMES HACKER TO ZONING BOARD OF APPEAL
Held from the last meeting, the Mayor’s appointment of James Hacker to serve as an alternate member of the Zoning Board of Appeals with a term to expire on March 1, 2017, 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.
Councillor Siegel moved for suspension of the rules to allow Mr. Hacker to speak. There were no objections
(#163) – APPOINTMENT OF J.P. STORY TO PARKING BOARD
Held from the last meeting, the Mayor’s appt. of J.P. Story to serve as a member of the Parking Board with a term to expire on March 1, 2016, 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.
Councillor Eppley moved for suspension of the rules to allow Mr. Hacker to speak. There were no objections
(#164) – APPOINTMENT OF ELYSIA ALLEMAN TO PARKING BOARD
Held from the last meeting, the Mayor’s appt. of Elysia Alleman to serve as a member of the Parking Board with a term to expire on March 1, 2016, 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.
Councillor Famico moved for suspension of the rules to allow Mr. Hacker to speak. There were no objections
#201 – APPOINTMENT OF GAIL GAMBARINI TO CONSERVATION COMMISSION
The Mayor’s appointment of Gail Gambarini to serve as a member of the Conservation Commission with a term to expire on November 12, 2015, was held until the next meeting under the rules.
#202 – REAPPOINTMENT OF KIM EMERLING AS THE DIRECTOR OF VETERAN’S SERVICES
The Mayor’s reappointment of Kim Emerling to serve as the City of Salem’s Director of Veteran’s Services with a term to expire on March 1, 2018, 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.
#203 – REAPPOINTMENT OF DONALD BATES TO THE BOARD OF REGISTRAR OF VOTERS
The Mayor’s reappointment of Donald Bates to serve as a member of the Registrars of Voters with a term to expire on March 31, 2018, 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.
#204 – CONSTABLE
Mayor’s appointment of Darryl Craig Hines to serve as a Constable with a term to expire on March 26, 2016, was received and placed on file.
Councillor Siegel moved to take out of order, under Communications from the Mayor, a request to hold and Executive Session to discuss the ongoing situation with our trash and recycling collection contractor. It was so voted. (see number #210)
#205 – APPROPRIATION TO “HUMAN RESOURCES – UNEMPLOYMENT COMPENSATION”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Eighty Thousand Dollars ($80,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Human Resources – Unemployment compensation” in accordance with the recommendation of Her Honor the Mayor.
#206 – APPROPRIATION TO “RETIREMENT STABILIZATION – VACATION / SICK LEAVE BUYBACK”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Sixty Thousand Five Hundred and Sixty Dollars ($60,560.00) from “Retirement Stabilization – Vacation/Sick Leave Buyback” account to be expended for contractual buyback for the following:
Victoria Sham School Dept. $28,172.80
Paul Rodolico School Dept. $32,387.20
#207 – 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 Thirty Thousand and Seventy-Seven Dollars and Nineteen Cents ($30,077.19) 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.
#208 – APPROPRIATION FOR REPAIRS TO MACK PARK HOUSE
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Four Thousand, Four Hundred and Thirty-Five Dollars ($4,435.00) is hereby appropriated within the “Capital Outlay – Renovations & Repairs” account to be expended for repairs to Mack Park House Plumbing by the Recreation Department in accordance with the recommendation of Her Honor the Mayor.
#209 – RESOLUTION APPROVING THE STATEMENT OF INTEREST TO MASSACHUSETTS SCHOOL BUILDING AUTHORITY
The following Resolution recommended by the Mayor 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.
RESOLUTION:
A RESOLUTION APPROVING THE STATEMENT OF INTEREST TO MASSACHUSETTS SCHOOL BUILDING AUTHORITY
BE IT RESOLVED:
Having convened in an open meeting on March 26, 2015, prior to the closing date, the Salem City Council, in accordance with the City Charter and Ordinances, hereby votes to authorize the Superintendent of Schools to submit to the Massachusetts School Building Authority the Statement of Interest Form that will be submitted to the MSBA by no later than April 10, 2015 for consideration in FY2015 for the Salem High School located at 77 Willson Street, Salem, Massachusetts, which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future.
The following priorities have been included in the Statement of Interest:
No.1: Replacement or renovation of a building which is structurally unsound or otherwise in a condition seriously jeopardizing the health and safety of school children, where no alternative exists.
No.5: Replacement renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility.
No.7: Replacement of or addition to obsolete buildings in order to provide a full range of complete programs consistent with state and approved local requirements.
And hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City or School District to filing an application for funding with the Massachusetts School Building Authority.
#210 – MAYOR REQUESTING EXECUTIVE SESSION
A communication from the Mayor requesting the City Council hold an Executive Session to discuss the on-going situation with our trash and recycling collection contractor.
Councillor Siegel moved that the City Council adjourn to the City Council Anteroom to hold the Executive Session for the purpose of discussing with the Mayor, Solicitor and City Engineer the strategy with respect to litigation, which is imminently likely, as a result of Northside Carting’s default of its contractual obligation to collect the City’s solid waste. Conducting this discussion in an open meeting may have a detrimental effect on the litigation position of the City.
The City Council by a Roll call vote of 11 yeas, 0 nays, 0 absent went into executive session.
And following the Executive Session, the City Council shall reconvene in open session and continue the regular meeting.
Following the Executive Session Councillor Siegel moved that the regular meeting be continued.
It was so Voted.
#211 – TAG DAY APPLICATION
Councillor Siegel introduced the following Order, which was granted.
ORDERED: That the attached tag day application for S.A.I.L. (Student Adventure in Learning) for March 29, 2015 and April 4, 2015 be granted.
#212 – RE-USE OF SALEM DISTRICT COURT BUILDING
Councillor Siegel introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole meet to discuss the re-use of Salem District Court as an alternative to City Hall Annex currently located at 120 Washington Street. Invited: City Planner or her designee, Mayor or her designee, City Engineer, SRA members and Finance Director.
#213 – (#180 - #182) 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.
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
SECOND HAND CLOTHING Lemon’s, 1 Church St., Salem
SECOND HAND VALUABLE Game Stop, 440 Highland Ave., Salem
TAG DAY S.H.S. Softball, April 25, 2015 & May 3, 2015
#214 - #214A (#17) REDUCING BOARD OF HEALTH MEMBERS FROM SEVEN TO FIVE
Councillor Eppley offered the following report for the Committee on Public Health, Environment and Safety co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
Committee on Public Health, Environment and Safety co-posted with the Committee of the Whole to whom was referred the matter of reducing the number of Board of Health members from seven to five members has considered said matter and would recommend that the attached Home Rule Petition be adopted by a roll call vote.
#214A – HOME RULE PETITION
The Home rule was adopted by a 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.
ORDERED: That a petition to the General Court, accompanied by a bill as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition:
An Act relative to the composition of the Salem Board of Health.
Be it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Chapter 654 of the acts of 1972 is hereby repealed.
SECTION 2. Notwithstanding the provisions of Section 26 of Chapter 111 of the General Laws, the
Board of Health of the City of Salem shall consist of five members, at least one of whom shall be a
physician.
SECTION 3. This act shall take effect upon its passage.
#215 – (#51) TRAFFIC ORDINANCE TOW ZONE CHURCHILL STREET
Councillor Eppley offered the following report for the Committee on Public Health, Environment and Safety co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Environment and Safety co-posted with the Committee of the Whole to whom was referred the matter of amending an Ordinance relative to Traffic, Chapter 42 Section 74 “General Prohibition Towing Zone” – Churchill Street, has considered said matter and would recommend adoption 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 as follows
Section 1. Chapter 42, Section 74, “General Prohibition Towing Zone” is hereby amended by adding the following:
Churchill Street northwesterly, odd side starting at Tremont Street and continuing in a northeasterly direction in its entirety, “Tow Zone”
Section 2. This ordinance shall take effect as provided by City Charter.
#216 – APPROPRIATION FOR COMMUNITY PRESERVATION PROJECT
A communication and Order from the Community Preservation Committee requesting an appropriation increase of CPA Funding for Old Town Hall Windows, was adopted under suspension of the rules.
ORDERED: That Sixty Eight Thousand and Seventy Dollars ($68,070.00) is hereby appropriated within the CPA Funds for FY 2015 to the accounts listed below in accordance with the recommendation of Her Honor the Mayor.
“General Fund – CPA” to “CPA – Old Town Hall” $68,070.00
#217 – ROAD RACE B&S FITNESS
A request from B&S Fitness to reschedule the Black Cat 10/20 mile race on September 19, 2015 the same day as the already approved Wicked Half Marathon was granted.
Councillor Gerard recused herself due to conflict and left the Chambers.
#218 – ROAD RACE SALEM YMCA AND B&S FITNESS
A request from Salem YMCA and B&S Fitness to hold a triathlon and use of city streets on Saturday, August 8, 2015 was granted.
Councillor Gerard returned to the Chambers.
#219 - #220 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES: Jeffrey Horton, 27 Bar Link Way, Swampscott
Kristen Higgins, 18 Leach St., Salem
William Page, 65 ½ Essex St., Salem
Lara Jay, 126 Federal St., Salem
Daniel Minkle, 126 Federal St., Salem
TAXI OPERATORS: Johnny Fabian, 52 Ward St., Salem
Felipito Guzman, 6 Grant St., Salem
Smerling DeLos Santos, 36 School St., Salem
Rex Kent, 42 Maple Ave., Swampscott
Roberto Pacheco, 26 Mill St., Danvers
Ramon DeLa Rosa, 10 Harris St., Peabody
Alejandro Pena, 32 Washington St., Peabody
Jose Baez, 29 Perkins St., Salem
Pedro Taveras, 29 Boston St., Salem
Bob Ruest, 6 Dustin St., Peabody
Michael Minchello, 20 N. Central St., Peabody
Clint Dese, 21 Roslyn St., Salem
Darryl Fanning, 25 Ord St., Salem
Dana McPhee, 14 South St., Salem
Daniel Sirois, 15 Beckett St., Salem
Ayouba, Kaba, 10 Holten St., Peabody
#221 – #222 TAG DAY APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
TAG DAY Salem High School Tennis, April 11 & 18, 2015
Salem Youth Football & Cheering October 24, 2015
#223 – DRAINLAYER /CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator licenses applications were granted.
James T. Lynch Construction, 77 Lowel Jct. Rd., Andover
R. DiLisio Co., 113 Fayette St., Lynn
Rooter-Man, 13 Littles Lane, Peabody
#224 - #229 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
James Tighe, 10 Becket St., Salem
Lindsey Philbrook, 11 English St., Salem
John Femino, 90 Margin St., Salem
Joseph Correnti, 183 R Federal St., Salem
(for Christopher Columbus Club, 24 Endicott St., Salem)
Melanie Forzse, 272 Washington St., Haverhill
Arthur Ingemi, 100 Museum Place Mall, Salem
#230 - #232 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
CONSTABLE: Darryl Craig Hines, 1 Naples Road, Salem
DRAINLAYER: James T. Lynch Construction, 77 Lowel Jct. Rd., Andover
Rooter-Man, 13 Littles Lane, Peabody
(#170) – SECOND PASSAGE ORDINANCE AMENDING TAXI OPERATOR LICENSE
The matter of second passage of an Ordinance amending Ch. 44 Sec. 44-34 Taxi Operator’s (Hackney) license was then taken up. It was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 9:15 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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