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MINUTES - Regular - 5/8/2014 392 CITY OF SALEM MAY 8, 2014 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.” 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, May 8, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on May 1, 2014 at 3:52 P.M. This meeting is being taped and is live on S.A.T.V. Councillor Siegel arrived late at 7:20 P.M. Council President McCarthy presided. Councillor Furey 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. PUBLIC TESTIMONY 1. Robert Goss-Kennedy – resident 10 Bentley St. – Public Arts Commission 2. Teasie Riley-Goggin – resident 9 Wisteria St. – Capital Outlay Equipment for Council on Aging Van. 393 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL #265 – NATIONAL GRID – CONDUITS ON BRIDGE STREET A hearing was held on the Order of National Grid to install conduits on Bridge Street at the MBTA Train Station (This is to replace the order that was granted on January 9, 2014. Appearing in Favor: nd Sabitah Mahabier-Sheehy – representative for National Grid stated this is necessary as a 2 track at the train station is being put in so they have to move the conduit. Councillor Gerard asked if the work will be done at night. Ms. Mahabier Sheehy stated the work will be done at low tide and after the last train. No appeared in opposition. Councillor Gerard moved that the hearing be closed. It was so voted. Councillor Gerard moved that the Order be granted. It was so voted. #266 – APPOINTMENTS TO THE PUBLIC ARTS COMMISSION The Mayor’s appointment of the following to the Public Arts Commission with a term to expire January 31, 2016: Victor Miguel Cruz, 8 Porter Street Court Juliette Fritsch, 38 Washington Square Norene Gachignard, 16 Buchanan Road Ellen Hardy, 28 Walter Street Lillian Hsu, 17 Cambridge Street Claudia Paraschiv, 35 Essex Street #1 J. Michael Sullivan, 10 Lee Street Councillor Sargent moved suspension of the rules. It was so voted. Councillor Sargent moved to divide the question to take up only Noreen Gachignard’s appointment. It was so voted. The appointment of Noreen Gachignard as a member of the Public Arts Commission with at term to expire January 31, 2016 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. 394 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. Councillor Sargent moved that the other appointments be held until the next meeting under the rules. It was so voted. Councillor O’Keefe requested and received unanimous consent for suspension of the rules to allow Ms. Gachignard to speak. #267 – REAPPOINTMENT OF MICKEY NORTHCUTT TO SALEM COMMUNITY PRESERVATION COMMITTEE The Mayor’s reappointment of Mickey Northcutt to serve as a member to the Salem Community Preservation Committee with a term to expire on March 1, 2016 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. #268 – CONSTABLE The Mayor’s reappointment of Mark Ianuzzi to serve as a Constable with a term to expire on April 23, 2017 was received and placed on file. #269 – APPOINTMENT OF MATTHEW A. VENO TO PLANNING BOARD Received after the deadline of Tuesday noon under suspension of the rules. The Mayor’s appointment of Matthew A. Veno to served as a member of the Planning Board with a term to expire June 1, 2015, was held under the rules. Councillor O’Keefe and Furey were recorded as opposed. 395 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL #270 – TRANSFER TO “DEPT. OF PUBLIC SERVICES – FUEL” AND “ DEPT. OF PUBLIC SERVICES – IMPROVEMENTS” The following Order recommended by the Mayor was adopted. ORDERED: That the sum of One Hundred and Twenty-Five Thousand Dollars ($125,000.00) is hereby transferred as listed below in accordance with the recommendation of Her Honor the Mayor: Department of Public Services – Fuel $100,000 Department of Public Services – Improvement $25,000 #271 – APPROPRIATION TO “FLOOD MITIGATION FUND” The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated from the “Retained Earnings – Water/Sewer Fund” account to the “Flood Mitigation Fund” account for the cities match for the flood mitigation improvements for Rosie’s Pond and the South River embankment in accordance with the recommendation of Her Honor the Mayor. #272 – APPROPRIATION TO PURCHASE A NEW VAN FOR COUNCIL ON AGING The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Eleven Thousand Three Hundred and Sixty-Three Dollars ($11,363.00) is hereby appropriated within the “Capital Outlay – Equipment” account to be expended for the Cities match of the Council on Aging Mobility Assistance Program grant to purchase a new van in accordance with the recommendation of Her Honor the Mayor. #273 – DONATION TO POLICE SUMMER CAMP PROGRAM The following Order recommended by the Mayor was adopted. ORDERED: to accept the donation of $3,000.00 from the City of Lynn for the Police Summer Camp Fund in accordance with the recommendation of Her Honor the Mayor. 396 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL #274 – ZONING ORDINANCE FOR DEFINITIONS OF BREWERY, DISTILLERTY OR WINERY WITH A TASTING ROOM 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 an Ordinance relative to Zoning Be it ordained by the City Council of the City of Salem as follows: Section 1. Section 10.0 of the City of Salem Zoning Ordinance is hereby amended by adding the following definitions: Brewery, Distillery, or Winery with a Tasting Room: a business located in a building where the primary use is for the production and distribution of malt, spirituous, or vinous beverages with a tasting room as defined in Section 10.0. Tasting Room: a room attached to either a brewery, distillery or winery that allows patrons to taste samples of wine, beer and other alcoholic beverages that are produced on-site, provided that any such facility that serves samples of alcoholic beverages has a Commonwealth of Massachusetts issued Farmer Series Pouring License pursuant to M.G.L. c.138, §§19B, 19C or 19E. A tasting room may include related retail sales. It may host marketing events, special events, and/or factory tours. A tasting room may not be greater than 33% of the main building’s gross square footage. A tasting room may only sell items and beverages produced and/or branded by the manufacturer to which it is attached. Section 2. Section 3.0 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS Is hereby amended by adding the following new row immediately following Assembly or packaging under D. Industrial Uses: Brewery, Distillery, or Winery RC R1 R2 R3 B1 B2 B4 B5 I BPD with Tasting Room N N N N BA BA BA BA Y Y 397 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL #275 – ORDINANCE TRAFFIC – STOP SIGN WEST AVENUE Councillor Turiel introduced the following Ordinance which was adopted for first passage In the year two thousand and fourteen 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 49 “Obedience to Isolated Stop Sign” is hereby amended by adding the following: West Avenue easterly bound traffic on West Ave, stop at Forest River Park access road. Section 2. This Ordinance shall take effect as provided by City Charter. #276 – ORDINANCE TRAFFIC – REPEAL HANDICAPPED ZONE FLINT STREET Councillor Gerard introduced the following Ordinance which was adopted for first passage In the year two thousand and fourteen 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 50B “Handicapped Zones Limited Time” is hereby amended by repealing the following: Repeal Flint Street, in front of #81 for a distance of twenty (20) feet, Handicap Parking Tow Zone. Section 2. This Ordinance shall take effect as provided by City Charter. 398 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL #277 – ORDINANCE TRAFFIC – HANDICAPPED ZONE FEDERAL STREET Councillor Famico introduced the following Ordinance which was adopted for first passage In the year two thousand and fourteen 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 50B “Handicapped Zones Limited Time” is hereby amended by repealing the following: Repeal Federal Street, in front of #102 for a distance of twenty (20) feet, Handicap Parking Tow Zone. Section 2. This Ordinance shall take effect as provided by City Charter. #278 – ORDINANCE TRAFRFIC – HANDICAPPED ZONES REPEAL SUMMER STREET Councillor Siegel introduced the following Ordinance which was adopted for first passage In the year two thousand and fourteen 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 50B “Handicapped Zones Limited Time” is hereby amended by repealing the following: Summer Street, in front of #79 for a distance of twenty (20) feet, Handicap Parking Tow Zone. Section 2. This Ordinance shall take effect as provided by City Charter. 399 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL #279 – MONTHLY FINANCIAL Councillor Turiel introduced the following Order which was adopted. ORDERED: That the Monthly Financial Report dated March 31, 2014 be referred to the Committee on Administration and Finance. #280 – (#257) GRANTING 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 Manuel P. Silva, 52 Paleologos St., Peabody #281 - (#242) ORDINANCE AMENDING BOATS AND WATERWAYS 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 an Ordinance amending Ch. 10 relative to Boats and Waterways has considered said matter and would recommend adoption for first passage. #282 – PETITION FROM COMCAST FOR CONDUITS A hearing was ordered for May 22, 2014 on the petition from Comcast to install conduit from existing Comcast manhole on Lafayette St. to property of 20 New Derby St. 400 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL #283 – PETITION FROM COMCAST FOR CONDUIT A hearing was ordered for May 22, 2014 on the petition from Comcast to install conduit from existing Comcast manhole on Church St. to property of 30 Church St. #284 – #286 LICENSE APPLICATIONS The following license applications were granted. LIMOUSINE Shahini Transportation, LLC., 260 Jefferson Ave., Salem(1) PUBLIC GUIDE Brian Keady, 655 Western Ave., Lynn TAXI OPERATORS Orlando Medina, 13 Center St., Peabody Robert Lake, 164 North St., Salem Belkys Guerrero, 10 First St., Salem Shawn Capozzi, 27 Barry St., Peabody Donald Lamontagne, 540 Essex St., Beverly Scott Boyle, 1106 Heights at Cape Ann, Gloucester John Marley, 121 Sylvan St., Danvers Michael Denis, 10 Grant Rd., Salem Kevin Guilfoyle, 14 Douglass St., Lynn Paul Emelian, 33 Barr St., Salem David Benson, 2 Munroe Ct., Peabody Brent Bartlett, 36 Lynn St., Peabody Kevin Dunn Je., 116 Lafayette St., Salem Richard Demeule, 44 Hanson St., Salem Steven Knight, 34 Echo Ave., Beverly Ryan Gilbert, 24A Stevens St., Peabody Rose Anderson, 14 Bennett St., Beverly Jan Oquende, 16 Nursery St., Salem #287 – LICENSE APPLICATION DENIAL The following license application was denied. TAXI OPERATOR James Brandley, 405 Essex St., Salem 401 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL #288 – HEARING REQUEST A hearing was requested from James Brandley on the denial of his taxi operator license. #289 - #297 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs Edwin Otero, 15 Lynde St., Salem Joan Brennan, One East India Square, Salem Judith Lazdowski, Glass & Etc., Museum Place Mall, Salem Amy Mitchell, 146 North St., Salem Andrew Glaser, 114 Bridge St., Salem Virginia L’Abbe, 206 Lowell St., Peabody Lenora Parson, 391A Revere Beach Blvd., Revere Benjamin Russell, 9 Liberty Hill Ave., Salem SUBRAGATED Arbella Insurance (for Valerie Carnevale), 1100 Crown Colony Dr., Quincy, MA 02269 (#195) – SECOND PASSAGE ORDINANCE AMENDING ZONING FLOOD HAZARD DISTRICT BOUNDARIES The matter of second and final passage of an Ordinance amending Zoning relative to the Flood Hazard District Boundaries and Floodway and Base Flood Elevation Data was then taken up. It was adopted for second and final passage by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Eppley, Famico, Furey, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. (#219) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC SCHEDULE OF FINES The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 17A Schedule of Fines, Parking Prohibited Tow Zone, was then taken up. It was adopted for second and final passage. 402 CITY OF SALEM MAY 8, 2014 REGULAR MEETING OF THE SALEM CITY COUNCIL (#244) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC SERVICE ZONES The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 13 Services Zones, Federal Street, was then taken up. It was adopted for second and final passage. (#245) –SECOND PASSAGE ORDINANCE AMENDING TRAFFIC HANDICAPPED ZONES The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50A Handicapped Zones, Federal 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