MINUTES - Regular - 3/27/2014
362
CITY OF SALEM
MARCH 27, 2014
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,
March 27, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on March 20, 2014 at 5:00 P.M. This meeting is being taped and is
live on S.A.T.V.
All Councillors were present.
Council President McCarthy presided.
Councillor Turiel moved to dispense with the reading of the record of the previous meeting. It
was so voted.
President McCarthy requested that everyone please rise to recite the Pledge of Allegiance.
Councillor O’Keefe requested a moment of silence for the two Firefighters who perished in the
Boston Fire
PUBLIC TESTIMONY
The was no public testimony
#192 – APPOINTMENT OF KRISTIN ANDERSON TO THE BIKE PATH COMMITTEE
The Mayor’s appointment of Kristin Anderson to serve as a member of the Bike Path
Committee with a term to expire on July 1, 2014, was held under the rules until the next meeting.
#193 – CONSTABLE
The Mayor’s reappointment of John W. Ray III to serve as a Constable with a term to expire
on April 1, 2016, was received and placed on file.
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CITY OF SALEM
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REGULAR MEETING OF THE CITY COUNCIL
#194 – TRANSFER TO “MAYOR – CONTRACT SERVICES”
The following Order recommended by the Mayor was adopted.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby transferred from
the “ Human Resources – Part Time Salary” account to the “Mayor – Contract Services” account in
accordance with the recommendation of Her Honor the Mayor.
#195 – ORDINANCE ZONING FLOOD HAZARD DISTRICT
The following Ordinance recommended by the Mayor was referred to the Planning Board to
schedule a joint public hearing with the City Council.
In the year Two Thousand and Fourteen
An Ordinance to amend the Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem, as follows:
Section 1.
Section 8.1.2 Definitions is hereby amended by deleting in its entirety the
definition of “flood hazard district” within paragraph 2(a) and replacing it with the following:
“2. Flood Hazard District Boundaries, and Floodway and Base Flood Elevation Data
a. Flood hazard district. The FHOD is herein established as an overlay district. The FHOD
includes all special flood hazard areas within the City of Salem designated as Zone A,
AE, or VE on the Essex County Flood Insurance Rate Map (FIRM) issued by the Federal
Emergency Management Agency (FEMA) for the administration of the National Flood
Insurance Program. The map panels of the Essex Council FIRM that are wholly or
partially within the City of Salem are panel numbers 25009C: 0414F and 527F, dated
July 3, 2012; and panel numbers 25009C: 0416G, 0417G, 0418G, 0419G, 0436G,
0437G, 0438G, 0439G, 0441G, 0442G, 0443G, 0531G, 0532G and 0552G, dated
July 16, 2014. The exact boundaries of the District may be defined by the 100- year base
flood elevations shown on the FIRM and further defined by the Essex County Flood
Insurance Study (FIS) report dated July 16, 2014. The FIRM and FIS report are
incorporated herein by reference and are on file with the Department of Planning and
Community Development.”
Section 2. This Ordinance shall take effect as provided by City Charter.
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CITY OF SALEM
MARCH 27, 2014
REGULAR MEETING OF THE CITY COUNCIL
Councillor O’Keefe assumed the Chair.
#196 – MEET WITH FOOTPRINT POWER FOR UPDATE ON THEIR PLANS
Councillor McCarthy introduced the following Order which was adopted.
ORDERED: That representatives from Footprint Power be invited to appear before the
Committee of the Whole to update the City Council on their plans for the Salem Harbor Power
Station. And that the Mayor and or her representative be invited as well.
Councillor McCarthy resumed the Chair
#197 – MONTHLY FINANCIAL REPORT
Councillor Turiel introduced the following Order which was adopted.
ORDER: That the Monthly Financial Report dated February 28, 2014 be referred to the Committee
on Administration and Finance
#198 – (#182 & #183) LICENSES
Councillor O’Keefe 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
SEAWORM Luis Dos Santos, 57 Central St., Peabody
SECOND HAND Hedringten’s, 61 Wharf St., Salem
VALUABLE
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CITY OF SALEM
MARCH 27, 2014
REGULAR MEETING OF THE CITY COUNCIL
#199 – (#670 of 2013) ESTABLISHING A PUBLIC ARTS COMMISSION
Councillor O’Keefe 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 the proposed Ordinance amendment establishing a
Public Art Commission has considered said matter and would recommend that the Ordinance be
adopted as amended for first passage.
#200- (#19) ORDINANCE RELATIVE TO FINGERPRINTING FEES
Councillor O’Keefe 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 the amending an ordinance relative to the fee for
fingerprint based criminal background checks has considered said matter and would recommend
that the Ordinance be adopted as amended for first passage and that the fee for background
checks be further amended to $30.00. It was so voted.
#201 – (#104) MOHEGAN SUN AGREEMENT
Councillor Legault offered the following report for the Committee on Community & Economic
Development co-posted with the Committee of the Whole. It was voted to accept the report and
adopt the recommendation.
The Committee on Community and Economic Development co-posted with the Committee
of the Whole, to whom was referred the matter of the Community Benefits Agreement with
Mohegan Sun, has considered said matter and would recommend a positive recommendation
authorizing the Mayor to enter into the Community Benefits Agreement with Mohegan Sun.
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CITY OF SALEM
MARCH 27, 2014
REGULAR MEETING OF THE CITY COUNCIL
(#179) – WALK FOR ANGELMAN SYNDROME FOUNDATION
Held from last meeting, request from Angelman Syndrome Foundation to hold a walk on
May 17, 2014, was granted with stipulation that they work with the Solicitor and Park and
Recreation Director and that the Council be informed of their recommendation.
#202 – BLOOD DRIVE BY FREE MASONS CHANGE OF DATE
A request from Salem Masons to change the date of an approved blood drive from April 9,
2014 to May 15, 2014 and to keep the same meter spots as free parking out in front of the lodge
for potential donors was granted.
#203 – HAWC RUN/WALK
A request from HAWC to hold a run/walk on May 4,2014 and use of city streets was
granted.
#204 – ROAD RACE WICKED RUNNING CLUB
A request from Wicked Running Club to hold a run (Miles Over the Moon) on July 11, 2014
and use of city streets with a rain date of July 19, 2014 was granted.
#205 – PETITION FROM PARANORMAL FOR EXTENDED HOURS
A request from Paranormal Salem for an exemption to allow for extended hours for their
business hours, until 11:30 P.M., as the Council approved last June was referred to the Committee
on Ordinances, Licenses and Legal Affairs.
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CITY OF SALEM
MARCH 27, 2014
REGULAR MEETING OF THE CITY COUNCIL
#206 - #207 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES Dominic Lavorante, 171 Loring Ave., Salem
Lisa Roberts, 35 Hazel St., Salem
David Breen, 285 Lynn Shore Dr., Lynn
John Giovanni Alabiso, 2 Buxton St., Peabody
Jeff Bellin, 396 Essex St., Salem
TAXI OPERATORS Michael LaClair, 34 Grant St., Beverly
Timothy Emerson, 31 Dane St., Peabody
Mauro Fernandez, 160 Park St., Beverly
David Noyes, 104 Abington Rd., Danvers
Michael Neely, 5 Pilgrim Rd., Marblehead
Michael Paciull, 50 Jenness St., Lynn
Eliezer Ashley, 16 Pingree St., Salem
John CalleyJr., 618 Essex Ave. W., Gloucester
James Carter, 12 Maple Pl., Lynn
Milciades Pichardo, 16 Hersey St., Salem
William Coffin Sr., 26 Grant St., Beverly
James Hee, 34 Perkins St., Salem
Patrick King, 244 Highland St., S. Hamilton
Buddy De Jesus, 8 Peabody St., Salem
Mauro A. Fernandez, 160 Park St., Beverly
Yonathan Mesa, 267 Jefferson Ave., Salem
Brian Gaffney, 16 Wentworth Rd., Peabody
#208 – TAXI OPERATOR LICENSE APPLICATION
The following license application was denied.
TAXI OPERATOR Reynaldo Diaz, 16 Swampscott Ave., Peabody
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CITY OF SALEM
MARCH 27, 2014
REGULAR MEETING OF THE CITY COUNCIL
#209 – HEARING REQUEST
A hearing request from Reynaldo Diaz on the denial of his taxi operator license was referred
to the Committee on Ordinances, Licenses and Legal Affairs to hold an executive session.
#210 – DRAINLAYER / CONTRACT OPERATOR
The following Drainlayer/Contract Operator license was granted.
E.B. Rotondi & Sons, Inc., 21 Manison St., Stoneham
#211 - #212 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
Charlene Ceppi, 41 Federal St. , Salem
Julissa Delacruz, 19 Farrell Ct. Unit D, Salem
On the motion of Councillor O’Keefe the meeting adjourned at 7:25 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK