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MINUTES - Regular - 10/24/2013 261 CITY OF SALEM OCTOBER 24, 2013 REGULAR MEETING OF THE 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.” Assistive Listening System Now Available for City Council Meetings. Those interested in utilizing these devices for meetings at 93 Washington Street may contact the City Clerk Cheryl LaPointe at 978-619-5610 or clapointe@salem.com. A Regular Meeting of the City Council held in the Council Chamber on Thursday, October 24, 2013 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 17, 2013 at 6:25 P.M. This meeting is being taped and is live on S.A.T.V. All Councillors were present. Council President Ryan presided. Councillor Fury 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 NONE #664 – (#652) CONDUITS ON GEDNEY STREET AND HOLYOKE SQUARE A hearing was held on the petition of Teleport Communications America, LLC to install conduits on Gedney Street and Holyoke Square. Appearing in favor was Rick Epperson representative for Teleport Communications America LLC. There was no one recorded as opposed. Councillor Sosnowski moved that the hearing be closed. Councillor Sosnowski moved for approval. It was so voted. 262 CITY OF SALEM OCTOBER 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #665 – APPOINTMENT OF HARRY WAGG AS ASSISTANT BUILDING INSPECTOR The Mayor’s appointment of Harry Wagg as second Assistant Building Inspector resident of 115 Leach Street, Salem was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Turiel, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. No one was recorded as opposed. #666 – REAPPOINTMENT OF DANIEL RICCIARELLI TO CONSERVATION COMMISSION The Mayor’s reappointment of Daniel Ricciarelli to serve as a member of the Conservation Commission 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, Sosnowski, Siegel, Sargent, Prevey, McCarthy, Legault, O’Keefe, Furey, Carr and Ryan were recorded as voting in the affirmative. No one was recorded as opposed. #667 – CONSTABLE The Mayor’s reappointment of Mark Snider to serve as Constables with a term to expire on November 8, 2016, was received and placed on file. #668 – RESERVE 10% OF OF SURCHARGER TO CPA RESERVE FUND The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole. ORDERED: That the City Council hereby approves the recommendation of Community Preservation Committee to reserve 10% of an estimated Four Hundred Thousand Dollars ($400,000.00) in surcharge revenues to each of the CPA Reserve Funds as follows: From To CPA-General Unreserved Trans out CPA Open Space Trans in $40,000.00 CPA-General Unreserved Trans out CPA Hist. Preservation Trans in $40,000.00 CPA-General Unreserved Trans out CPA Comm. Housing Trans in $40,000.00 Total $120,000.00 263 CITY OF SALEM OCTOBER 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #669 – APPROPRIATION TO CPA – EXPENSES AND CPA – STIPENDS The following Order recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole. ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated within the CPA General Unreserved Fund-2001 to the accounts listed below to be expended for general administrative costs by the Community Preservation Committee in accordance with the recommendation of Her Honor the Mayor. CPA – General Admin- Expenses 16,500.00 CPA – General Admin – Stipends 3,500.00 Total 20,000.00 #670 – ORDINANCE RELATIVE TO BOARDS, COMMISSIONS, COMMITTEES AND AUTHORITIES The following Ordinance recommended by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. In the year two thousand and thirteen An Ordinance to amend an ordinance relative to Boards, Commissions, Committees and Authorities by establishing a Public Art Commission Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 2 is hereby amended by adding a new division within Article IV Boards, Commissions, Committees and Authorities as follows: “Division 16. Public Art Commission Sec. 2-1020. Established In recognition of the value that public art can bring to the cultural, aesthetic and economic vitality of the community, there is hereby established a Public Art Commission to be responsible for the implementation of the public art initiative through the commissioning and acquisition of permanent and temporary public art, acting as a steward of the City’s public art collection, and engaging the public in the collection. Sec. 2-1021. Membership and Terms; Meetings The Public Art Commission should be comprised of seven members, all residents of the City of Salem, and shall include one representative from the City’s Design Review Board, no less than one visual artist, and no less than 264 CITY OF SALEM OCTOBER 24, 2013 REGULAR MEETING OF THE CITY COUNCIL three residents with a background in art, architecture, landscape architecture, urban planning, art or architectural history, or design. Should a member from the Design Review Board be unavailable, then at least four members shall have a background in art, architecture, landscape architecture, urban planning, art or architectural history, or design. The remaining members shall be from the general public. All members shall be appointed by the Mayor, subject to confirmation by the City Council. The initial appointments made pursuant to this division shall expire on January 31, 2016. Subsequent appointments shall be made for terms of two years from February 1 to January 31. If a vacancy shall occur among the members of the Commission, it shall be filled in the same manner as the original appointment for the unexpired term. The Public Art Commission shall meet no less than quarterly and as often as may be required. Sec. 2-1022. Powers and Duties The Public Art Commission shall: a) Approve an annual public art plan, developed by the Planning Department and the Commission, outlining public art activities. b) Establish goals and criteria to be used when reviewing proposed public art projects to be recommended to the Mayor and, if applicable, the Redevelopment Authority, for approval. c) Solicit proposals for public art commissions and review artist proposals. d) Approve public art commissions or acquisitions, subject to the approval of the Mayor and, if applicable, the Redevelopment Authority. e) Review proposed private gifts and loans of artworks, conduct aesthetic review and recommend to the Mayor and Redevelopment Authority whether the City should accept the donation or loan of artwork. f) Review and approve artist concept proposals or proposed artwork for private development projects where the developer is to provide public art as part of an agreement with the City. g) Review and approve the de-accession or relocation of artwork subject to approval of the Mayor and City Council. h) Serve as an advocate for public art in Salem. Secs. 2-1023—2-1035. Reserved.” Section II. This Ordinance shall take effect as provided by City Charter. #671 – YEAR TO DATE BUDGET REPORT Councillor Prevey introduced the following Order which was adopted. ORDERED: That the Year to Date Budget Report dated September 30, 2013 be referred to the Committee on Administration and Finance. 265 CITY OF SALEM OCTOBER 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #672 – ORDINANCE TRAFFIC PARKING PROHIBITED TOW ZONE, LYNN STREET Councillor Sosnowski introduced the following Ordinance which was adopted for first passage. In the year two thousand and thirteen 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 75, “Parking Prohibited Towing Zone (Resident Sticker Parking) is hereby amended by adding the following: Lynn Street, Zone C, color green, easterly side from Bridge Street to Federal Street, “Resident Sticker Parking Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. #673 – (#659) 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 that the following licenses be granted JUNK DEALER I. Talkowsky & Son, 18 Phillips St., Salem #674 – BLOOD DRIVE A request from FreeMasons to change date of blood drive from December 11, 2013 to December 17, 2013 and the reserved parking spaces on Washington Street was granted. 266 CITY OF SALEM OCTOBER 24, 2013 REGULAR MEETING OF THE CITY COUNCIL #675 – CANCER WALK A request from North Shore Medical Center to hold their annual Cancer Walk and Run and the use of City Streets on June 22, 2014 was granted. #676 - #677 LICENSE APPLICATIONS The following license applications were granted. TAXI OPERATORS Shawn Capozzi, 27 Barry St., Peabody Betsy McNaughton, 152 Endicott St., Danvers JanCarlos Oquendo, 30 Courtney Drive, Beverly David Noyes, 104 Abington Rd., Danvers VEHICLE FOR HIRE Salem Pedicab, 7 N. Pine St., Salem (1 Pedicab) #678 – TAG DAY APPLICATION The following license application was referred to the Committee on Ordinances. Licenses and Legal Affairs. TAG DAY Salem Academy Charter School, 1/17/14, 2/7/14 & 3/7/14 #679 – DENIED TAXI OPERATOR LICENSE The following license application was denied. TAXI OPERATOR Kelvin Pena, 12R Caller St., Peabody (#635) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC On the matter of second and final passage of an Ordinance relative to Traffic Chapter 42 Section 49, “Obedience to Isolated Stop Sign” Pleasant Street was then taken up. It was adopted for second and final passage. 267 CITY OF SALEM OCTOBER 24, 2013 REGULAR MEETING OF THE CITY COUNCIL (#636) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC On the matter of second and final passage of an Ordinance relative to Traffic Chapter 42 Section 75, “Parking Prohibited, Towing Zone” (Resident Sticker Parking) Pratt Street was then taken up. It was adopted for second and final passage. (#639) - SECOND PASSAGE ORDINANCE AMENDING TRAFFIC On the matter of second and final passage of an Ordinance relative to Traffic Chapter 42 Section 74, “General Towing Zone” Pickman Street was then taken up. It was adopted for second and final passage. (#642) - SECOND PASSAGE ORDINANCE AMENDING TRAFFIC On the matter of second and final passage of an Ordinance relative to Traffic Chapter 42 Section 74, “General Towing Zone” Sumner Road was then taken up. It was adopted for second and final passage. (#643) - SECOND PASSAGE ORDINANCE AMENDING TRAFFIC On the matter of second and final passage of an Ordinance relative to Traffic Chapter 42 Section 49, “Obedience to Isolated Stop Sign” Sumner Road was then taken up. It was adopted for second and final passage. (#644) - SECOND PASSAGE ORDINANCE AMENDING TRAFFIC On the matter of second and final passage of an Ordinance relative to Traffic Chapter 42 Section 75, “Parking Prohibited, Towing Zone” (Resident Sticker Parking) Sumner Road was then taken up. It was adopted for second and final passage. On the motion of Councillor O’Keefe the meeting adjourned at 7:25 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK