MINUTES - Regular - 2/28/2013
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CITY OF SALEM
FEBRUARY 28, 2013
REGULAR MEETING OF THE SALEM CITY COUNCIL
“Know Your Rights Under the Open Meeting Law, M.G.L. Chapter 30A ss. 18-25, and
City Ordinance Sections 2-2028 through 2-2033.”
A Regular Meeting of the City Council held in the Council Chamber on Thursday,
February 28, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice
of this meeting was posted on February 21, 2013 at 6:12 P.M. This meeting is being taped
and is live on S.A.T.V.
Councillors Prevey and Sargent were recorded as absent.
Council President Ryan presided.
Councillor O’Keefe moved to dispense with the reading of the record of the previous meeting.
It was so voted.
President Ryan requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
1. James Crosby – 125 Canal St. Crosby’s Market – Ordinance relative to Shopping carts
#127 - HEARING
On the matter of an Order from National Grid to utilize an open position on the Congress
Street Bridge for the attachment of a duct bank to be used for the relocation of a 115kV
transmission line (Preliminary approval for availability and use of bay only), the matter was
withdrawn.
#128 – #129 CONSTABLES
The Mayor’s appointment of James Billings to serve as Constable with a term to expire on
February 1, 2014, and reappointment Mark Finer to serve as Constable with a term to expire on
March 8, 2016of was received and placed on file.
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REGULAR MEETING OF THE SALEM CITY COUNCIL
#130 – APPROPRIATION TO POLICE – ELECTIONS
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Nineteen Thousand Two Hundred and Twenty Dollars
($19,220.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Police –
Elections” account in accordance with the recommendation of Her Honor the Mayor.
#131 – APPROPRIATION TO GOLF COURSE – RENOVATIONS & REPAIRS
The following Order recommended by the Mayor was referred to the Committee on
Administration and Finance.
ORDERED: That the sum of Two Thousand Dollars ($2, 000.00) is hereby appropriated
from the “Receipts Reserved – Golf Course” account to “Golf Course – Renovations & Repair”
account in accordance with the recommendation of Her Honor the Mayor.
#132 – ACCEPT MASS. GENERAL LAW CH. 44, SEC. 53E ½ FOR REVOLVING ACCOUNT
The following Order recommended by the Mayor was referred to the Committee on
Administration and Finance.
ORDERED: That the City of Salem approves adoption of a Harbormaster Boat & Float
Storage revolving account in accordance with M.G.L. Chapter 44, Section 53E1/2 which authorizes
special purpose revolving accounts in accordance with the recommendation of Her Honor the
Mayor.
#133 – RESOLUTION FOR JACQUELINE’S WHOLESALE BAKERY INC. DESIGNATING IT AS
ECONOMIC OPPORTUNITY AREA
The following corrected Resolution recommended by the Mayor was adopted by a roll call
vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel, Sosnowski, Siegel, McCarthy, Legault,
O’Keefe, Furey and Carr were recorded as voting in the affirmative. Councillors Sargent and
Prevey were recorded as voting in the negative.
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FEBRUARY 28, 2013
REGULAR MEETING OF THE SALEM CITY COUNCIL
RESOLUTION:
WHEREAS: Jacqueline’s Wholesale Barker, Inc. (hereinafter “JACQUELINES’S”) wishes to expand their
gourmet frozen cookie manufacturing business located at 96 Swampscott Road, Unit 1,
Salem, MA into 96 Swampscott Road, Unite 2, Salem, MA; and
WHEREAS: 96 Swampscott Road, Unit 1, Salem, MA, known as Assessor’s Parcel ID 07-0070-01
(hereinafter “Unit 1”) is owned by JACQUELINE’S; and
WHEREAS: 96 Swampscott Road, Unit 2, Salem, MA, known as Assessor’s Parcel ID 07-0070-02
(hereinafter “Unit 2”) is owned by MH, LLC; and
WHEREAS: Unit 1 and Unit 2 are owned by commonality of interest, having the same owner; and
WHEREAS: the City of Salem (hereafter “CITY”) is willing to grant tax concessions in return for a
guarantee of the lease and renovation of an additional +/- 12,000 sq. ft. of manufacturing and
warehouse facility space and the creation of employment opportunities for local workers;
NOW, THEREFORE, BE IT RESOLVED that the Salem City Council hereby
Requests that the Commonwealth of Massachusetts designate an area of the city that
includes Unit 1 and Unit 2 as an Economic Opportunity Area (EOA) hereinafter called site
specifice Jacqueline’s Economic Opportunity Area; and
Endorses the use of Tax Increment Financing as a tool to encourage economic
development within the Site Specific Jacqueline’s Economic Opportunity Area, and
approves the Tax Increment Financing Plan negotiated by the CITY and JACQUELINE’S,
and
Provides for a tax exemption for Unit 2 for a period of five (5) years, beginning the first full
fiscal tax year after Certificate of Occupancy is issued for Unit 2 in accordance with the
schedule below:
Term Exemption %
1 100%
2 80%
3 60%
4 40%
5 20%
Said exemption being in accordance with M.G.L. Chapter 23A, Section 3E, Chapter 40, Section 59,
Section 5.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized, on behalf of the City, to enter into a Tax
Increment Financing Agreement, a copy of which is attached hereto, with MH, LLC.
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#134 – RESOLUTION FOR JACQUELINE’S WHOLESALE BAKERY INC. T.I.F. AGREEMENT
The following Tax Increment Financing Agreement recommended by the Mayor was
adopted by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel, Sosnowski, Siegel,
McCarthy, Legault, O’Keefe, Furey and Carr were recorded as voting in the affirmative.
Councillors Sargent and Prevey were recorded as voting in the negative.
TAX INCREMENT FINANCING AGREEMENT
CITY OF SALEM, MASSACHUSETTS,
MH,LLC
and
JACQUELINE’S WHOLESALE BAKERY, INC.
This agreement is made this 11th day of February, 2013 by and between the City of Salem, a
municipal corporation duly organized under the laws of the Commonwealth, of Massachusetts,
having a principal place of business at City Hall, 93 Washington Street, Salem, Massachusetts,
01970, acting through the Mayor, Kimberley Driscoll, (herinafter called the CITY), MH, LLC, a
Massachusetts limited liability company having a principal place of business at 96 Swampscott
Road, Unit 1, Salem, MA 01970 (hereinafter called the “COMPANY”), AND Jacqueline’s Wholesale
Bakery, Inc., a Massachusetts corporation, with a principal place of business at 96 Swampscott
Road, Unit 1, Salem, MA 01970 (hereinafter called “JACQUELINE’S”).
WHEREAS: The COMPANY owns certain real estate on Swampscott Road U2, Salem,
Massachusetts known as Assessor’s Parcel ID 07-0070-802 (the “PROPERTY”), and
WHEREAS: The COMPANY and JACQUELINE’S propose to enter into a lease or similar
arrangement for the PROPERTY, and
WHEREAS: JACQUELINE’S wishes to expand its gourmet frozen cookie manufacturing business
into the PROPERTY; and
WHEREAS: the City, by vote of the City Council, requests that the Economic Assistance
Coordinating Council (the “EACC”), pursuant to Chapter 23A, Section 3E, designate
as an Economic Opportunity Area (“EOA”) an area of the City which includes the
PROPERTY on which the COMPANY owns and JACQUELINE’S wishes to expand its
manufacturing operation, hereinafter called Site Specific Jacqueline’s Economic
Opportunity Area; and
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WHEREAS: the CITY is willing to grant tax concessions in return for guarantee of the lease by
JACQUELINE’S and renovation of the +/- 12,000 sq. ft. manufacturing and
warehouse facility and the creation of employment opportunities for local workers; and
WHEREAS: the Salem City Council resolved on February 28, 2013 to endorse the Tax Increment
Financing Plan negotiated by the CITY, COMPANY and JACQUELINE’S.
WHEREAS: the Salem City Council resolved on February 28, 2013, to allow the use of Tax
Increment Financing as a tool to encourage economic development within the Site
Specific Jacqueline’s Economic Opportunity Area; and
NOW, THEREFORE inconsideration of the mutual promises contained herein, the parties do
mutually agree as follows:
1. THE COMPANY’S OBLIGATION
a. The Company shall enter into a lease or similar agreement with
JACQUELINE’S to enable expansion of its manufacturing business. For
exact location of the PROPERTY, refer to Attachment, “Exhibit A.”
b. During the life of this agreement, if the COMPANY decides to sell the
PROPERTY or to otherwise transfer control of the PROPERTY thereof, the
COMPANY shall give the CITY at least a three month notice of said sale or
transfer. Said notice shall be given by certified mail, return receipt
requested, to the Mayor, City Hall, 93 Washington Street, Salem,
Massachusetts 01970.
2. JACQUELINE’S OBLIGATIONS
a. JACQUELINE’S shall enter into a lease or similar agreement with the
COMPANY enabling expansion of its manufacturing business and the
creation of new jobs.
b. During the life of this agreement, if JACQUELINE’S decides to sell or to
discontinue the operations thereof, JACQUELINE’S shall give the CITY at
least three month notice of said termination or sale. Said notice shall be
given by certified mail, return receipt requested, to the Mayor, City Hall, 93
Washington Street, Salem, Massachusetts 01970.
3. THE CITY’S OBLIGATIONS
a. the CITY shall grant a tax increment financing exemption to the COMPANY
in accordance with Massachusetts General Laws, Chapter 23A, Section 3E,
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REGULAR MEETING OF THE SALEM CITY COUNCIL
Chapter 40, Section 59, and Chapter 59 Section 5. Said exemption shall be
granted on the improvements to the FACILITY. During each year of this
agreement, the COMPANY will pay taxes based on the portion of the value
of the PROPERTY which is not exempt under the agreement.
b. The term of the exemption (“TERM”) shall commence as of the first full fiscal
tax year after Certificate of Occupancy is issued for the PROPERTY and
shall continue for Five (5) years. For the TERM the COMPANY will pay
taxes on a percentage of the value of the PROPERTY and be granted an
exemption of a percentage of the full value of the PROPERTY, as follows:
TERM EXPEMPTION%
1 100%
2 80%
3 60%
4 40%
5 20%
In year six (6), the COMPANY will pay taxes on the full assessed value of the
PROPERTY.
C. OTHER CONSIDERATIONS
1. This Tax Increment Financing Agreement shall be binding on all subsequent owners
of the property. The City of Salem reserves the right to review and renegotiate the
Tax Increment Financing Agreement if the business activity ceases to be fully
operational during the life of the Tax Increment Financing Agreement.
2. If the COMPANY or JACQUELINE’S decides to expand the facility at any time during
the life of the Tax Increment Financing Agreement, the CITY, JBWI and the
COMPANY may renegotiate the Tax Increment Financing Agreement to exempt all
part of the value of the expansion from property taxes. The exact amount of that
exemption will be determined at the time of expansion.
Executed as a sealed instrument on the day and year first above written.
CITY OF SALEM MH,LLC.
Kimberley Driscoll, Mayor Marc Hazel, President
JACQUELINE’S WHOLESALE BAKERY INC.
Marc Hazel, President
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#135 – AUTHORIZE MAYOR TO CONVEY A PERPETUAL HISTORIC PRESERVATION
RESTRICTION ON NORTH STREET FIRE STATION
The following Order recommended by the Mayor was adopted by a roll call vote of 9 yeas, 0
nays 2 absent. Councillors Turiel, Sosnowski, Siegel, McCarthy, Legault, O’Keefe, Furey, Carr and
Ryan were recorded as voting in the affirmative. Councillors Sargent and Prevey were recorded as
voting in the negative.
ORDERED: to authorize the Mayor to convey a perpetual historic preservation restriction
encumbering the North Street Fire Station, located at 142 North Street, and having a property
assessors parcel identification number of 27-0251, to the Commonwealth of Massachusetts, by
and through the Massachusetts Historical Commission, on such terms and condition and for such
consideration, as deemed appropriate, as a stipulation of Massachusetts Preservation Projects
Fund (MPPF) grant application to restore sections of the fence.
#136 – ORDINANCE MANDATORY RECYCLING
The following Ordinance recommended by the Mayor was referred to the Committee of the
Whole.
In the year two thousand and thirteen
An Ordinance to amend an ordinance relative to mandatory recycling
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 36. Solid Waste Management is hereby amended by adding the following new
paragraphs at the end of both sections 36-5 and 36-7:
“Massachusetts Code of Regulations, 310 CMR 19.017, the Massachusetts Department of
Environmental Protection Waste Disposal Ban Regulations, imposes restrictions on the disposal or
transfer for disposal of certain recyclable materials listed within the Regulation. To ensure
conformance with the Regulations, any person who shall place solid waste curbside for collection
by the City of Salem or its designated solid waste hauler shall simultaneously place curbside a
designated recycling receptacle(s) containing waste prohibited from disposal and suitable for
recycling under the city’s recycling program including aluminum containers, recyclable paper,
metal, glass and single polymer plastics. The City of Salem and/or its designated hauler shall not
collect any solid waste placed curbside that is not accompanied by a properly marked recycling
receptacle placed curbside and containing recyclable material. In the event that recyclables are
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collected prior to the collection of solid waste suitable for disposal, an emptied recycling receptacle
must remain curbside until the solid waste has been collected.
Any person violating this section shall receive a written notice mailed to the owner of the property
outlining the requirement of this section after the first offense, a written warning shall be mailed to
the owner of the property following a second offense and a $25.00 fine shall be imposed upon the
owner of the property for a third and subsequent offenses. The Health Agent and his agents and
the City Engineer and his designees shall have the power to enforce this section.”
Section 2. Chapter 36 is further amended by deleting section 36-9 in its entirety.
Section 3. This ordinance shall take effect as provided by City Charter.
#137 – AUTHORIZE MAYOR TO ENTER INTO 5 YEAR CONTRACT FOR SOLID WASTE &
RECYCLING COLLECTION & TRANSPORTATION
The following Ordinance recommended by the Mayor was referred to the Committee of the
Whole.
ORDERED: The Mayor is hereby authorized to enter into a five (5) year contract for Solid Waste
and Recycling collection and Transportation with Northside Carting Inc. for a contract term
commending July 1, 2013 and terminating June 30, 2018.
(Contract can be viewed in the City Clerks office during normal working hours.)
#138 - AUTHORIZE MAYOR TO ENTER INTO A CONTRACT FOR ACCEPTANCE &
PROCESSING OF RECYCLING MATERIALS
The following Ordinance recommended by the Mayor was referred to the Committee of the
Whole.
ORDERED: The Mayor is hereby authorized to enter into a contract for the Acceptance and
Processing of Recyclable Materials with the Newark Group, Inc. for a contract term to commence
July 1, 2013 and terminate June 30, 2016 with options to extend for two (2) additional years in one
(1) year increments.
(Contract can be viewed in the City Clerks office during normal working hours.)
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#139 - AUTHORIZE MAYOR TO ENTER INTO A CONTRACT FOR ACCEPTANCE & DISPOSAL
OF SOLID WASTE
The following Ordinance recommended by the Mayor was referred to the Committee of the
Whole.
ORDERED: The Mayor is hereby authorized to enter into a contract for the Acceptance and
Disposal of Solid Waste with Covanta Haverhill Associates for a term to commence July 1, 2013
and terminate June 30, 2018 with five (5) one-year options to renew.
(Contract can be viewed in the City Clerks office during normal working hours.)
#140 – MONTHLY FINANCIAL REPORT DATED JANUARY 31, 2013
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Monthly Financial Report dated January 31, 2013 be referred to the
Committee on Administration and Finance.
(The Report can be viewed in the City Clerks office during normal working hours.)
#141 – YEAR TO DATE BUDGET REPORT DATED JANUARY 31, 2013
Councillor McCarthy introduced the following Order, which was adopted.
ORDERED: That the Year to Date Budget Report dated January 31, 2013 be referred to the
Committee on Administration and Finance.
(The Report can be viewed in the City Clerks office during normal working hours.)
#142 – ORDINANCE TRAFFIC HANDICAP PARKING WASHINGTON SQUARE NORTH
Councillor Sosnowski introduced the following Ordinance, which was adopted for first
passage.
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In the year two thousand and thirteen
An Ordinance to amend an Ordinance relative to Traffic, Chapter 42 Section 50C, “Handicapped
Zone, Bus Parking”
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Washington Square North, in front of #29, starting at a point of twenty (20) feet north of
Mall street for a distance of twenty (20) feet. “ Handicapped Bus Stop, Special Permit required,
Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
Councillor O’Keefe assumed the Chair.
#143 – BOND ORDER FOR NEW SENIOR LIFE CENTER
Councillor Ryan introduced the following Order, which was adopted by roll call vote of 6
yeas, 3 nays, 2 absent. Councillors Turiel, McCarthy, O’Keefe, Furey, Carr and Ryan were
recorded as voting in the affirmative. Councillors Sosnowski, Siegel and Legault were recorded as
voting in the negative. Councillors Sargent and Prevey were recorded as absent.
ORDERED: That the Committee of the Whole meet on March 13, 2013 at 6:30 PM for the
purpose of taking up the Bond Order for the new Committee Life Center and this meeting is to be
held at the Council on Aging 5 Broad Street and the City Clerk be invited.
Councillor Ryan resumed the Chair.
#144 – SALARY OF THE SCHOOL COMMITTEE
Councillor Furey introduced the following Order, which was adopted.
ORDERED: That the Committee on Administration and Finance co-posted with Committee
of the Whole meet to review and discuss Section 2-956 “Salary of the School Committee”. Invited
members of the School Committee and City Solicitor
Councillor Sosnowski was recorded as opposed.
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#145 – (#113 - #116) GRANTING LICENSES
Councillor Sosnowski 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 approval.
SECOND HAND Penelope’s Consignment Closet, 96 Boston St., Salem
CLOTHING
SECOND HAND The Antique Company, 11 Central St., Salem
VALUABLE
TAG DAYS American Legion Salem Post #23, 5/31/13, 6/1-6/3/13, 7/5-7/8/13
Salem Boys Soccer, 9/14/13 & 10/19/13
#146 – (#693 OF 2012) REPEALING HANDICAP PARKING #10 READ STREET
Councillor Sosnowski offered the following report for the Committee on Ordinances,
Licenses and Legal. 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 repealing a Traffic Ordinance relative to Chapter 42 Section 50B, “Handicap Parking” in front of
#10 Read Street, has considered said matter and would recommend adoption for first passage.
#147 – (#84) APPROPRIATION FOR NEW SMART METERS
Councillor McCarthy 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.
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of an Appropriation in the amount of $55,000.00 for the purchase
of new smart meters has considered said matter and would recommend approval.
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#148 – (#85) APPROPRIATION FOR TRENCH WORK FOR NEW KIOSKS AT BRIDGE AND
CHURCH STREET LOTS
Councillor McCarthy 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.
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of an Appropriation in the amount of $18,000.00 for trench work
for new kiosks at Bridge and Church St. Parking lots has considered said matter and would
recommend approval.
#149 – (#86) APPROPRIATION FOR REPAIR OF FENCE AT MANSELL PARK
Councillor McCarthy 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 a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of an Appropriation in the amount of $7,800.00 for repair of the
fence at Mansell Park has considered said matter and would recommend approval.
#150 – (#89) ABANDONED AND SURPLUS LAND ON WASHINGTON STREET
Councillor Turiel offered the following report for the Committee on Community and
Economic Development co-posted with the Committee of the Whole. It was voted to accept the
report and adopt the recommendation by roll call vote of 9 yeas, 0 nays, 2 absent. Councillors
Turiel, Sosnowski, Siegel. Legault, McCarthy, O’Keefe, Furey, Carr and Ryan were recorded as
voting in the affirmative. Councillors Sargent and Prevey were recorded as absent.
Committee on Community and Economic Development co-posted with the Committee of
the Whole to whom was referred the matter of the request to abandon and declare surplus a parcel
of land located on Washington Street has considered said matter and would recommend that the
parcel be declared surplus.
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Councillor O’Keefe assumed the Chair.
#151 – (#151A - #219) CPA COMMITTEE AND ORDINANCE
Councillor Ryan offered the following report for the Committee of the Whole. It was voted to
accept the report. Councillor Ryan amended to make sure members are in good standing and the
matter to remain in Committee.
The Committee of the Whole to whom was referred the matter of the matter of a Community
Preservation Committee and the preparation of proposed language for the Ordinance has
considered said matter and would recommend that the matter remain in Committee of the Whole.
#151A
In the year two thousand and thirteen
An Ordinance relative to Boards, commissions, Committees and Authorities, Community
Preservation Committee
Be it ordained by the City Council of the City of Salem, as follows:
Section I. Chapter 2 is hereby amended by adding a new division within Article IV Boards, Commissions,
Committees and Authorities as follows:
“ARTICLE IV. BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES
DIVISION 15. COMMUNITY PRESERVATION COMMITTEE
Sec. 2-1010. Established
There is hereby established a Community Preservation Committee, in accordance with the Massachusetts
Community Preservation Act, M.G.L. Chapter 44B, consisting of nine (9) voting members.
Sec. 2-1011. Membership and Terms
The composition of the committee, the appointment authority and the term of office for the committee
members shall be as follows:
(1) One member of the Conservation Commission as designated by the Commission for a term of three years.
(2) One member of the Historical Commission as designated by the Commission for an initial term of two
years, and thereafter for a term of three years.
(3) One member of the Planning Board as designated by the Board for an initial term of one year, and
thereafter for a term of three years.
(4) One member of the Park and Recreation Commission as designated by the Commission for an initial term
of one year and thereafter for a term of three years.
(5) One member of the Housing Authority Board as designated by the Board for an initial term of two years
and thereafter for a term of three years.
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(6) Two members appointed by the City Council, two of the general public or in the alternative one member
of the City Council recommended by the Council President and one member of the general public, to be
appointed for a term of one year and thereafter for a term of two years for appoints from the general public.
(7) Two members of the general public to be appointed by the Mayor, confirmed by majority vote of the City
Council, one member to be appointed for a term of one year and thereafter for a term of two years and one
member to be appointed for a term of two years and thereafter for a term of three years.
(8) All members of the Committee must be Salem residents.
The Commissions, Boards, Council and Mayor who have appointment authority under this Division shall
appoint such representatives within 45 days of the effective date of this ordinance. Should there be a vacancy
or resignation in any of the Community Preservation Committee positions, the Commissions, Boards,
Council or Mayor who have appointment authority under this Division shall appoint a new representative
within 45 days of the first date of a known vacancy or resignation.
As a prerequisite to appointment to the Community Preservation Committee, a Commission or Board
appointee must be in good standing, meaning that the member’s term of appointment from the Board or
Commission shall not have lapsed. In the event that a Committee member who is appointed by a Board or
Commission has term of appointment to the underlying Board or Commission that lapses while he or she is a
member of the Committee, that appointee shall be ineligible to vote on any matter before the Committee until
the member is back in good standing or replaced.
Should any of the Commissions or Boards who have appointment authority under this Division be no longer
in existence for whatever reason, the appointment authority for that Commission or Board shall become the
responsibility of the City Council.
Should the Mayor fail to appoint a committee member into his/her two allotted spots within 45 days
following adoption of this Division or a known vacancy, the appointment authority for that position shall be
the City Council.
Should the City Council fail to appoint a committee member into their two allotted spots within 45 days
following adoption of this Division or a known vacancy, the appointment authority for that position shall be
the Mayor.
Should any of the Commissions or Boards who have appointment authority under this Division fail to
appoint a representative within 45 days following adoption of this Division or a known vacancy, the
appointment authority for that position shall be the Mayor. In the event the Mayor appoints following a
Commission or Board’s failure to do so, the individual chosen must be a current member in good standing of
the Commission or Board and whose appointment shall be subject to approval of the City Council. In the
event 45 additional days have lapsed since the Mayor was to appoint a member to the Committee from a
Board or Commission and the Mayor fails to make such appointment, the City Council shall them become
the appointing authority for that position.
Sec. 2-2012. Powers and Duties
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(1) The community preservation committee shall study the needs, possibilities and resources of the city
regarding community preservation. The committee shall consult with existing municipal boards, including
the City Council, the conservation commission, the historical commission, the planning board, the park and
recreation commissioners and the housing authority, or persons acting in those capacities or performing like
duties, in conducting such studies. As part of its study, the committee shall hold one or more public
informational hearings on the needs, possibilities and resources of the city regarding community preservation
possibilities and resources, notice of which shall be posted publicly and published for each of two weeks
preceding a hearing in a newspaper of general circulation in the city. The committee may, after proper
appropriation, incur expenses as permitted by state law using funds from the community preservation fund to
pay such expenses.
(2) The community preservation committee shall make recommendations to the City Council for the
acquisition, creation and preservation of open space; for the acquisition, preservation, rehabilitation and
restoration of historic resources; for the acquisition, creation, preservation, rehabilitation and restoration of
land for recreational use; for the acquisition, creation, preservation and support of community housing; and
for the rehabilitation or restoration of open space and community housing that is acquired or created with
Community Preservation Funds. With respect to community housing, the community preservation
committee shall recommend, wherever possible, the reuse of existing buildings or construction of new
buildings on previously developed sites. With respect to recreational use, the acquisition of artificial turf for
athletic fields shall be prohibited.
(3) The community preservation committee may include in its recommendation to the City Council a
recommendation to set aside for later spending funds for specific purposes that are consistent with
community preservation but for which sufficient revenues are not then available in the Community
Preservation Fund to accomplish that specific purpose or to set aside for later spending funds for general
purposes that are consistent with community preservation.
Upon approval of any rule or regulation by the committee, a copy of the same shall be filed with the City
Clerk and become effective as of the date of filing thereof unless the specific vote of the committee
establishes a later effective date.
Sec. 2-2013. Amendments
This Division may be amended from time to time by a majority vote of the City Council, provided that the
amendments would not cause a conflict to occur with MGL, Chapter 44B.
Sec. 2-2014. Severability
In case any section, paragraph or part of this division is for any reason declared invalid or unconstitutional by
any court of last resort, every other section, paragraph or part shall continue in full force and effect.
Section II. This ordinance shall take effect as provided by city charter.
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FEBRUARY 28, 2013
REGULAR MEETING OF THE SALEM CITY COUNCIL
#152 – (#90) FIVE YEAR CONTRACT WITH BOSTON HARBOR CRUISES
Councillor McCarthy 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 roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Turiel, Sosnowski,
Siegel. Legault, McCarthy, O’Keefe, Furey, Carr and Ryan were recorded as voting in the
affirmative. Councillors Sargent and Prevey were recorded as absent.
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of a five (5) year contract with Boston Harbor Cruises has
considered said matter and would recommend approval.
#153 – FREEMASONS REQUEST TO CHANGE DATE OF RESERVED PARKING SPACES
A request from Freemasons to change date of approved reserved parking spaces on
Washington Street from March 28, 2013 to March 7, 2013, was granted.
#154 – REQUEST FROM ROBERT BLENKHORN TO MEET WITH COUNCIL
A request from Robert Blenkhorn to meet with Council regarding the reduction of the
number of members on the Salem Board of Health and the issue of regionalization, was referred to
the Committee of the Whole and that the Mayor, Mr. Blenkhorn, Health Agent, Board of Health and
Solicitor be invited.
#155 - #156 – TAG DAYS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
TAG DAYS S.H.S. Boys LaCrosse, 4/7/13 & 4/28/13
S.H.S. Track Team (Boys Spring) 3/30/13, 4/6/13 & 4/14/13
#157 - #158 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Mark Gauthier, 40 Oak Ave., Peabody
Jeffrey Swartz, 18 Leach St., Salem
William Clemens, 49 Summer St., Danvers
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CITY OF SALEM
FEBRUARY 28, 2013
REGULAR MEETING OF THE SALEM CITY COUNCIL
PUBLIC GUIDES
CONTINUED Jeffrey Howard, 14 Proctor St., Gloucester
Charles Galvin, 5 Warren St., Salem
Conor Burke, 12 Juniper Rd., Hamilton
Michael Handelman, 8A Chauncy St., Cambridge
Cheryl McDonald, 61 Pierce Ave., Dorchester
Brittnay Mitchell, 80 Cleveland Ave., Saugus
Joyce Harrington, 27 Grant Rd., Salem
Maryann Garnham, 7 March St. Ct., Salem
Francis Pelletier, 24 Irving St., Salem
Helen Jaworski, 81 Ocean Ave., Salem
Robert Dee, 60 Highland Ave., Salem
TAXI CAB Salem Taxi, 27 Congress St., Salem (12)
#159 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer / Contract operator license applications were granted.
Ciciotti Construction, LLC, 145 Burrill St., Swampscott
DiBiase Corporation, 749 Lowell St., Lynnfield
E.B. Rotondi & Sons, Inc., 21 Manison St., Stoneham
EQ Enterprise Inc., 452 Essex St., Beverly
McLaughlin Construction Co. of Peabody, 72R Central St., Peabody
Peterson Construction, 210 Broadway, Lynn
#160 - #161 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
Elyse Bogacz, 25 Boardman St., Salem
Lindsey Chastney, 460 Amesbury Rd., Haverhill
#162 - #164 BONDS
The following Bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
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CITY OF SALEM
FEBRUARY 28, 2013
REGULAR MEETING OF THE SALEM CITY COUNCIL
CONSTABLE James Billings, 20 Elwell St., Gloucester
DRAINLAYER Ciciotti Construction, LLC, 145 Burrill St., Swampscott
DBiase Corporation, 749 Lowell St., Lynnfield
(#101A) SECOND PASSAGE ORDINANCE RELATIVE TO OFFENSES AND MISCELLANEOUS
PROVISIONS
The matter of Second and Final Passage of an ordinance relative to Offenses and
Miscellaneous Provisions was amended by adding a new section for abandoned shopping carts.
The matter was referred to the Committee on Ordinances, Licenses and Legal Affairs for further
review and to report out before June 1, 2013.
On the motion of Councillor O’Keefe the meeting adjourned at 8:40 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK