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A Regular Meeting of the City Council held in the Council Chamber on Thursday,
June 25, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June18, 2015 at 3:54 P.M. This meeting is being taped and is live on S.A.T.V.
Councillor McCarthy was recorded as absent.
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
- Gary Kinley – 46 Chestnut Street – McIntire District Coalition
- Kara McLaughlin – 66 Dearborn Street – CPA Funds
Councillor Legault requested a moment of silence for Jason Silva’s mother who passed away.
#418 – (#399) HEARING NATIONAL GRID FOR CONDUIT ON WARD STREET
A hearing was held on the Order of National Grid to install a conduit on Ward Street.
Appearing in favor was Sabita Mahabier Sheehy – representative for National Grid, she stated this conduit was needed to provide service. National Grid will install an underground conduit approximately 80 feet east of the centerline of the intersection of Congress Street continuing 70 feet in a southeast direction to install two 4” conduits from MHA – 16 on Peabody Street to existing pole on Ward Street.
There was no one recorded as opposed.
Councillor McCarthy moved that the hearing be closed. It was so voted.
Councillor McCarthy moved for approval. It was so voted.
(#405) – HEARING FOR EXTENDED HOURS OF OPERATION PAAASTELITOS RESTAURANT
A hearing was held on the petition from Welby Pena and Ashley Marshall, Owners of Paaastelitos Restaurant, located at 101 Lafayette St. for Extended Hours of Operation.
Requested Hours – Fridays, Saturdays and Holidays from 10:00 A.M. to 2:00 A.M. Current Hours - Sunday – Thursday 10:00 A.M. to 10:00 P.M. and Fridays & Saturdays 10:00 A.M. to Midnight
Appearing in favor was Welby Pena, owner of Paaastelitos Restaurant.
Councillor O’Keefe was recorded as opposed.
Councillor Legault stated the restaurant does not hold a liquor license. Would you consider different hours.
Councillor Gerard asked how late is Wendy’s open?
No one had the information.
Councillor Turiel stated only the drive through is open late at night.
Councillor O’Keefe assumed the Chair.
Councillor Sargent stated you have late hours after 10:00 PM is reasonable after that people expect peace and quiet.
Councillor Sargent resumed the Chair.
Councillor Milo stated they are already open until midnight Friday and Saturday.
Councillor McCarthy supports businesses but he stated he also has to support the neighbors. He stated he didn’t know if there are incidents occurring in that area and will need to check the police log. He stated he believes the owners should consider changing the hours, maybe change it to 1:00 PM but as is he can’t support it.
Councillor Legault asked to refer the matter to Committee to check the hours of surrounding businesses. Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was seconded by Councillor McCarthy.
He also stated that the neighbors should be invited.
An Agent of Paaastelitos Restaurant stated that Wendy’s across the street want to offer different food. The City has been very accommodating with growth. Please consider the extended hours.
Councillor McCarthy moved that the Hearing be kept open and the matter be referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
It was so voted.
#419 – APPOINTMENT OF WILLIAM MCHUGH AS HARBORMASTER
The Mayor’s appointment of William McHugh to serve as the Harbormaster for the Port of Salem pursuant to Chapter 10 Section 4 of the City Ordinances, was held under the rules until the next meeting.
#420 – REAPPOINTMENTS OF MIKE DUFFY & JIMMY TSITSINOS TO THE ZONING BOARD
The Mayor’s reappointments of both Mike Duffy and Jimmy Tsitsinos to serve as members of the Zoning Board of Appeals with their terms expiring on July 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.
#421 – APPROPRIATION TO “HUMAN RESOURCES – COLLECTIVE BARGAINING”
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of Two Hundred and Fifty Thousand Dollars ($250,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Human Resources – Collective Bargaining” account in accordance with the recommendation of Her Honor the Mayor.
#422 – APPROPRIATION TO “HARBORMASTER – PART TIME SALARY”
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 “Receipts Reserved – Harbormaster” account to “Harbormaster – Part Time Salary” account in accordance with the recommendation of Her Honor the Mayor.
#423 – TRANSFER TO “PLANNING DEPARTMENT – FULL TIME SALARY” ACCOUNT
The following Order recommended by the Mayor was adopted.
ORDERED: That the sum of Eight Thousand Five Hundred Dollars ($8,500.00) is hereby transferred from the “Planning Board – Full Time Salary” account to “Planning Dept. –Full Time Salary” account in accordance with the recommendation of Her Honor the Mayor.
#424 – APPROPRIATION TO “PLANNING DEPARTMENT – FULL TIME SALARY” ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the rules.
ORDERED: That the sum of One Thousand Three Hundred and Sixty-Four Dollars and Ninety Cents ($1,364.90) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Planning Dept. –Full Time Salary” account in accordance with the recommendation of Her Honor the Mayor.
#425 – ORDINANCE AMENDING HARBORMASTER’S APPOINTMENT, TERM, POWERS, DUTIES AND COMPENSATION
The following Ordinance recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
In the year two thousand and fifteen
An Ordinance to amend an Ordinance relative to Harbormaster’s compensation
Section 1. Chapter 10 Section 10-4, Harbormaster’s appointment, term, powers & duties, compensation is hereby amended by deleting in its entirety the last sentence in this section:
“The compensation of the harbormaster shall be fixed by the mayor under collective bargaining agreement”
and replace with the following:
“The compensation of the harbormaster shall be fixed by the mayor with approval of the city council”
Section 2. This Ordinance shall take effect as provided by City Charter.
#426 – TAG DAY FOR ORGANIZED BASKETBALL
Councillor Siegel introduced the following Order, which was referred to the Committee on Ordinances, Licenses and Legal Affairs.
ORDERED: That the attached Tag Day License for the Organized Basketball Assoc., for 6/27/15, 6/28/15, 7/25/15, 7/26/15, 8/15/15, 8/16/15, 9/13/15 be granted
#427 – MONTHLY FINANCIAL REPORT
Councillor Turiel introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated May 31, 2015, be referred to the Committee on Administration and Finance. (the monthly report can be viewed in the City Clerks office during normal business hours)
#428 – REVIEW ZONING FOR PARCEL 331-333 LAFAYETTE STREET
Councillor Turiel introduced the following Order, which was adopted.
ORDERED: That the Committee of the Whole, meet to review the zoning of the parcel at 331-333 Lafayette Street and affirm that any variances allowing construction of projects not in accordance with the current B-1 zoning will be opposed by the City Council as a body.
#429 – PRESERVATION OF HISTORIC BELGIAN BLOCKS (COBBLE STONES)
Councillor Famico introduced the following Order, which was adopted.
ORDERED: That the Committee on Government Services co-posted with Committee of the Whole meet to discuss the paving plan and preservation of historic Belgian Blocks (cobble stones).~
#430 – (#407) 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 the matter of granting certain licenses has considered said matter and would recommend that the following license be granted:
TAG DAY S.H.S. Girls Basketball, Dec. 12, 2015, Jan. 16, 2016 &
Jan. 30, 2016
#431 – (#208, #282) TAXI OPERATOR
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 a taxi operator hearing for Alexander Hernandez has considered said matter and would recommend that his taxi operator license be granted.
#432 – (#281, #283) TAXI OPERATOR
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 a taxi operator hearing for Kelvin Pena has considered said matter and would recommend that the matter be discharged due to the applicant withdrawing his request for a hearing and license.
#433 – (#169) TAXI CAB LIMITS
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 taxi cab limits has considered said matter and would recommend that the matter remain in committee.
#434 – (#377) SEWER EASEMENT WITH SALEM STATE UNIVERSITY
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 by roll call vote of 10 yeas, 0 nays, 1 present. Councillor Turiel, Siegel, O’Keefe, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Milo was recorded as present.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of authorizing the Mayor to execute a Sewer Easement Agreement with the Salem State University Assistance Corp. through the Central Campus from Monroe Road to Loring Avenue has considered said matter and would recommend approval.
#435 – (#379) FINES FOR FIREWORKS
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 fines for fireworks for the sale, keeping or offering for sale and the use of firing of explosives has considered said matter and would recommend approval.
#436 – (#364) INCREASE IN CPA FUNDING FOR HOUSE OF SEVEN GABLES
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. It was adopted by roll call vote of 6 yeas, 5 nays, 0 absent. Councillors Turiel, McCarthy, Gerard, Furey, Famico and Sargent were recorded as voting in the affirmative. Councillors Siegel, O’Keefe, Milo, Legault and Eppley were recorded as voting in the negative.
Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred a $10,000.00 increase in CPA funding for the House of Seven Gables Hawthorne Birthplace Roofing Project per CPC recommendation has considered said matter and would recommend approval.
#437 – (#174, #273) OPIOID ABUSE CRISIS IN SALEM AND THE COMMONWEALTH
Councillor Eppley offered the following report for the Committee on Public Health, Safety & Environment co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation.
Committee on Public Health, Safety & Environment co-posted with the Committee of the Whole to whom was referred the matter to hold a public forum to discuss the Opioid Abuse Crisis in Salem and throughout the Commonwealth has considered said matter and would recommend that the matter remain in Committee.
#438 – SINGLE OWNED POLE RELOCATION ON LAFAYETTE STREET
A hearing was ordered for July 16, 2015 on the petition from National Grid to install one single-owned pole and relocate a single owned pole and also install conduits at on Lafayette Street.
(#404) – REQUEST FOR BENCHES OUTSIDE PAAASTELITOS RESTAURANT
Held from the last meeting, a request from owners of Paaastelitos Restaurant located at 101 Lafayette Street for two benches to be placed outside of establishment at their entrance way, was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
#439 – TENT FOR SALEM TIME MACHINE DURING HAUNTED HAPPENINGS
A request from Salem Time Machine located at 131 Essex Street for a sidewalk tent during Haunted Happenings, was held until the next meeting of July 16, 2015.
#440 – EXTENDED HOURS OF OPERATION FOR PARANORMAL
A request from Paranormal Salem to extend their hour of operation until 11:30 P.M. as granted in the past with the condition of limiting the group to sixteen (16) and avoid residential areas, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#441 – MCINTIRE DISTRICT NEIGHBORHOOD COALITION
A petition from McIntire District Neighborhood Coalition to introduce the Council to the formation of the Coalition, its members and purpose, was received and placed on file.
#442 – BLOCK PARTY
A request from residents of English Street (between Essex St. and Cousins St.) to hold a Block party on August 23, 2015 from 1:00 P.M. to 6:00 P.M. with a rain date of August 30, 2015, was granted.
#443 – LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES: Ninoska Nina Brito, 17 West Ave., Salem
Colin Mageary, 605 Eastern Ave. Lynn
Beth Crowley, 10 Burnside St., Salem
Leigh Cochran, 24 Norman St., Salem
#444 – LICENSE APPLICATIONS
The following licenses applications were referred to the Committee on Ordinances, Licenses, and Legal Affairs.
TAG DAYS: S.H.S. Gymnastics, 12/19/15 & 1/23/16
S.H.S. Lacrosse, 4/9/16 & 5/14/16
S.H.S. Girls Softball, 4/30/16 & 5/7/16
#445 - #448 DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator licenses were granted.
Charles Zaher (Bond Under - Abbot Building Restoration) 19 Locke Rd., Chelmsford
D&M Civil Inc., 189 North Main Street, Middleton
United Civil Inc., 30 Log Bridge Road, Middleton
Phoenix Communication, 25 Bowditch Dr., Shrewsbury
#449 - #451 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs.
Jason Doviak, 10 Laurent Rd., Salem
James Ainsworth, 931 Mercer St., Atlanta, GA
Lauren Richard, 36 Forrester St., Salem
#452 - #455 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved.
DRAINLAYER: Abbot Building Restoration (for Charles Zaher) 19 Locke Rd., Chelmsford
D&M Civil Inc., 189 North Main Street, Middleton
United Civil Inc., 30 Log Bridge Road, Middleton
Phoenix Communication, 25 Bowditch Dr.,Shrewsbury
Councillor Milo recused herself and left the Council Chamber.
(#344) – SECOND PASSAGE OF BOND ORDER FOR FY16 CIP WATER/SEWER
The matter of second passage of a Bond Order for the sum of $14,145,000.00 for Capital equipment items and improvement projects FY16 CIP Water/Sewer was then taken up. It was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Siegel, O’Keefe, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Milo was recorded as absent.
(#345) – SECOND PASSAGE OF BOND ORDER FOR FY16 CIP GENERAL FUND
The matter of second passage of a Bond Order for the sum of $4,408,715.00 for Capital equipment items and improvement projects FY16 CIP General Fund was then taken up. It was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Turiel, Siegel, O’Keefe, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Milo was recorded as absent.
(#348) – SECOND PASSAGE AMENDING SOLID WASTE COLLECTION FEE
The matter of second passage of an Ordinance amending Chapter 36, Section 36-6, Solid Waste Collection Fee was then taken up. It was adopted for second and final passage.
(#349) – SECOND PASSAGE AMENDING RATES FOR USE OF WATER
The matter of second passage of an Ordinance amending Chapter 46, Section 66, Rates for Use of Water, was then taken up. It was adopted for second and final passage.
(#350) – SECOND PASSAGE AMENDING SEWER USE CHARGES
The matter of second passage of an Ordinance amending Chapter 46, Section, 230 Sewer Use Charge, was then taken up. It was adopted for second and final passage.
(#351) – SECOND PASSAGE AMENDING BOAT SLIP FEES
The matter of second passage of an Ordinance amending Chapter 10, Section 10-24, Boat Slip Fees, was then taken up. It was adopted for second and final passage.
(#380) – SECOND PASSAGE TRAFFIC HANDICAP PARKING BARSTOW STREET
The matter of second passage of an Ordinance amending Traffic Chapter 42, Section 50B, Handicapped Parking Limited Time, Barstow Street, was then taken up. It was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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