MINUTES - Regular - 5/22/2014
403
CITY OF SALEM
MAY 22, 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,
May 22, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on May 15, 2014 at 4:25 P.M. This meeting is being taped and is
live on S.A.T.V.
All Councillors were present.
Council President McCarthy presided.
Councillor Eppley 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
None
#298 – HEARING COMCAST FOR CONDUIT ON LAFAYETTE STREET TO NEW DERBY
STREET
A hearing was held on the Order of Comcast to install conduit from existing Comcast
manhole on Lafayette St. to property of 20 New Derby St.
Appearing in Favor:
Timothy Broderick representative for Comcast – stated this is needed to provide service to 20 New
Derby Street.
Councillor O’Keefe assumed the Chair.
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CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
Councillor McCarthy stated that he wanted this project to be coordinated with the Fire Department.
Mr. Broderick stated that he will make arrangements with the Fire Chief.
Councillor McCarthy resumed the Chair.
There was no one appearing in opposition.
Councillor O’Keefe moved that the hearing be closed. It was so voted.
Councillor Famico moved that the petition be granted. It was so voted.
#299 – HEARING COMCAST FOR A CONDUIT ON CHURCH STREET
A hearing was held on the Order of Comcast to install conduit from existing Comcast
manhole on Church St. to property of 30 Church St.
Appearing in Favor:
Timothy Broderick representative for Comcast – stated this is needed to provide service to 30
Church Street.
Councillor Famico asked about the traffic flow.
Mr. Broderick stated he will work with the Police Traffic Division.
There was no one appearing opposed.
Councillor Famico moved that the hearing be closed. It was so voted.
Councillor Famico moved that the petition be granted. It was so voted.
405
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
(#266) – APPOINTMENTS TO PUBLIC ARTS COMMISSION
Held from the last meeting, the Mayor’s appointments 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
Ellen Hardy, 28 Walter Street
Lillian Hsu, 17 Cambridge Street
Claudia Paraschiv, 35 Essex Street #1
J. Michael Sullivan, 10 Lee Street
Councillor Turiel moved to divide the question and hold out Juliette Fritsch as she was not
present. It was so voted.
The appointments were confirmed (except Juiette Fritsch) 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.
(#269) – APPOINTMENT OF MATTHEW A. VENO TO THE PLANNING BOARD
Held from the last meeting, Mayor’s appointment of Matthew A. Veno to serve as a member
of the Planning Board with a term to expire on June 1, 2015 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.
#300 – APPOINTMENT OF PAUL KIRBY TO BOARD OF HEALTH
The Mayor’s appointment of Paul Kirby to serve as a member of the Board of Health with a
term to expire on March 1, 2017 was held until the next meeting under the rules.
#301 – APPOINTMENT OF CHRISTOPHER DYNIA TO THE DESIGN REVIEW BOARD
The Mayor’s appointment of Christopher Dynia, per recommendation of the Salem
Redevelopment Authority, to serve as a member of the Design Review Board with a term to expire
on March 1, 2017, was held until the next meeting under the rules.
406
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
#302 – APPOINTMENT OF LARRY SPANG TO HISTORICAL COMMISSION
The Mayor’s appointment of Larry Spang to serve as a full time member of the Historical
Commission with a term to expire on January 10, 2016, was held until the next meeting under the
rules.
#303 – REAPPOINTMENT OF JEAN HARRISON TO DISABILITIES COMMISSION
The Mayor’s reappointment of Jean Harrison to serve as a member of the Disabilities
Commission with a term to expire on March 1, 2017, 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.
#304 – REAPPOINTMENT DAVID HART TO THE HISTORICAL COMMISSION
The Mayor’s reappointment of David Hart to serve as a member of the Historical
Commission with a term to expire on March 1, 2017, 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.
#305 – REAPPOINTMENT OF RINUS OOSTHOEK TO PARKING BOARD
The Mayor’s reappointment of Rinus Oosthoek to serve as a member of the Parking Board
with a term to expire on March 1, 2015, 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.
#306 – CONSTABLE
Mayor’s reappointment of George Hoxha to serve as a Constable with a term to expire on
June 5, 2017, was received and placed on file.
#307 – CONSTABLE
Mayor’s reappointment of Lisa Pressman to serve as a Constable with a term to expire on
May 29, 2017, was received and placed on file.
407
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
#308 – FISCAL YEAR 2015 BUDGET
Mayor submitting proposed Fiscal Year 2015 Budget in the amount of $140,149,357.00,
was referred to the Committee on Administration and Finance co-posted with the Committee of the
Whole
#309 – FISCAL YEAR 2015 CAPITAL IMPROVEMENT PLAN
Mayor submitting proposed Fiscal Year 2015 Capital Improvement Plan was referred to the
Committee on Administration and Finance co-posted with the Committee of the Whole
#310 – APPROPRIATION OF CPA FUNDS TO SEVERAL ACCOUNTS
The following Order recommended by the Mayor was referred to the Committee on
Administration and Finance co-posted with the Committee of the Whole under the rules.
ORDERED: That Five Hundred and Thirty-Five Thousand and Fifty Dollars ($535,050.00) is
hereby appropriated to the CPA Funds for FY2015 to the accounts listed below in accordance with
the recommendation of Her Honor the Mayor.
CPA – General Admin – Expenses 23,252.00
CPA – General Admin – Stipends 3,500.00
CPA – General Admin – Reserves 347,783.00
CPA – Open Space – Reserves 53,505.00
CPA – Historical Preservation – Reserves 53,505.00
CPA – Community Housing – Reserves 53,505.00
#311 – APPROPRIATION OF CPA RESERVE FUNDS TO SEVERAL ACCOUNTS
The following Order recommended by the Mayor was referred to the Committee on
Administration and Finance co-posted with the Committee of the Whole under the rules.
ORDERED: That the City Council hereby approves a total of One Hundred and Sixty
Thousand Five Hundred and Fifteen Dollars ($160,515.00) which is the recommendation of the
Community Preservation Committee (CPC) to RESERVE 10% of the estimated Five Hundred and
Thirty-Five Thousand and Fifty Dollars ($535,050.00) in surcharge of revenues for FY2015 to each
of the CPA Funds listed below in accordance with the recommendation of Her Honor the Mayor.
CPA – Open Space Trans In 53,505.00
CPA – Historical Preservation Trans In 53,505.00
CPA – Community Housing Trans In 53,505.00
408
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
#312 – TRANSFER TO “HR PURCHASE OF SERVICES” AND “UNEMPLOYMENT”
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby transferred
between the accounts listed below in accordance with the recommendation of Her Honor the
Mayor.
From: To:
“Workmans Comp. – Salaries” “HR Purchase of Services” $10,000
“Workmans Comp – MIIA Premium” “Unemployment” $40,000
#313 – APPROPRIATION TO “CEMETERY – BURIAL” ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Four Hundred and Forty Dollars ($4,440.00) is hereby
appropriated from the “Receipts Reserved – Sale of Vaults” account to “Cemetery – Burial” account
in accordance with the recommendation of Her Honor the Mayor.
#314 – APPROPRIATION FOR RETIREMENT OF ALICE LEBLANC “VACATION / SICK LEAVE
BUYBACK”
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Three Thousand Seven Hundred-Fifty four Dollars and Forty-
nine cents ($3,754.49) is hereby appropriated in the “Retirement Stabilization Fund – Vacation/Sick
Leave Buyback” account to be expended for the retirement buyback for of Alice LeBlanc of the
Recreation Department.
#315 – DONATION TO POLICE DEPARTMENT SUMMER CAMP PROGRAM
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation of totaling Six Thousand Dollars ($6,000.00) from GE
Employee Good Neighbor Fund to be deposited into the Salem Police Department Summer Camp
Fund in accordance with the recommendation of Her Honor the Mayor.
409
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
#316 – AUTHORIZE REVOLVING FUNDS FOR FISCAL YEAR 2015
The following Order recommended by the Mayor was adopted.
ORDERED: That the Salem City Council vote, pursuant to the provisions of MGL Chapter
44, Section 53E ½ to authorize the establishment of the revolving funds for FY2015 as herein
described. Expenditures from said funds shall not exceed the amount of funds received in the
respective accounts or as authorized as stated, shall come from any funds received by the
respective boards for performing services, shall be used solely for the purpose of implementing the
programs delineated and shall be approved by a majority vote of any respective boards in
accordance with the recommendation of Her Honor the Mayor.
Authorization
Department Fund Name Programs & Purposes for Spending
R/A Local Training and special equipment
Emergency needed to respond to hazardous Fire Chief and
Fire Planning Comm materials incidents per CH 21E Mayor
R/A Confined Confined space training for Fire Chief and
Fire Space Drills Firefighters. Mayor
To fund Capital items for Harbormaster
Harbormaster Boat/Float Storage and to fund maintenance costs of
Harbormaster and
equipment.
Mayor
To support vaccination program and
Health Health Clinics other health promotion activities of the
Health Agent and
Health Department
Mayor
To cover expenses for July 4th and
Mayor Special Events Haunted Happenings events. Mayor
To increase and replenish store
inventory as needed and to enhance
Recreation Director
and maintain WI store.
Recreation Winter Island and Mayor
Renovations and Maintenance of Recreation Director
Recreation Dog Park Dog Park at Leslie's Retreat Park. and Mayor
To be used for the operation and
Park & Rec Public maintenance of Winter Island and Recreation Director
Recreation Access McCabe Marina and Mayor
Salem Willows Renovations and Maintenance of Recreation Director
Recreation Meters Willows Park. and Mayor
To support Salem Award committee Recreation Director
Recreation Witch House and the Salem Witch Trial Memorial and Mayor
410
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
Planning & Director of
Community Salem Ferry Fund operational costs of the Salem Planning and
Development Operational Ferry and Blaney Street Dock Mayor
To maintain abandoned and
Abandoned Prop foreclosed residential and Public Service
Insp Services Maint commercial properties Director and Mayor
To pay for costs of disposal of
hazardous items picked up as part
of sticker program, and for
Public abandoned pieces picked up by this Public Service
Services Sticker Program department. Director and Mayor
Provide for City purchase of
environmental items such as
recycling bins, recycling totes, rain
barrels, composters, water
Environmental conservation devises, recycling City Engineer and
Engineering Fund calendar and educational material. Mayor
Projects related to City
beautification events including
Traffic Island, Beautification, and
special events such as City Engineer and
Engineering Traffic Island Treemendous Mayor
School Committee
School Building Rental Building Rental and Mayor
School Committee
School Early Childhood Pre-School Tuition and Mayor
School Committee
School School Busing School Bus pass and Mayor
School Committee
School Night School Night School Tuition and Mayor
School Committee
School Special Ed Tuition Special Ed Tuition and Mayor
To pay for parts and materials for
automotive repairs to vehicles brought in
to the HS Automotive Vocational School
School Committee
by citizens
School SHS Automotive and Mayor
411
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
#317 – ORDINANCE AMENDING CHAPTER 46, SEC. 230 SEWER USE CHARGES
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 fourteen
An Ordinance to amend an Ordinance relative to Sewer Use Charges
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Section 230 is hereby amended by deleting subsection (c) in its
entirety and replacing it with the following:
“(c) The rates for sewer use charges effective July 1, 2014 shall be as follows:
Residential, per 100 cubic feet $5.90
Nonresidential, per 100 cubic feet
Up to 25,000 cubic feet per month $8.94
Nonresidential, per 100 cubic feet
For 25,00 cubic feet and greater
Per month $11.45
The use of all water and sewer funds and SESD funds shall be excluded from all private
development projects.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#318 – ORDINANCE AMENDING CHAPTER 46, SEC. 66 WATER USE CHARGES
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 fourteen
An Ordinance to amend an Ordinance relative to Water Use Charges
412
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 46, Section 66 is hereby amended by deleting subparagraph (b) in its
entirety and replacing it with the following:
“(b) The rate for all water furnished by meter measurements effective July 1, 2014 shall be
as follows:
(1) Residential, per 100 cubic feet $2.89
(2) Nonresidential, per 100 cubic feet $3.92
Section 2. Chapter 46, Section 66 is herby further amended by deleting subparagraph (e) in
its entirety and replacing it with the following:
(e) The minimum rate for residential metered water for each quarter shall be $28.91 per
1000 cubic fee effective July 1, 2014.
The use of all water and sewer funds and SESD funds shall be excluded from all private
development projects.”
Section 3. This Ordinance shall take effect as provided by City Charter.
#319 – ORDINANCE TRAFFIC HANDICAPPED PARKING, WISTERIA STREET
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 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” by adding the
following:
Wisteria Street in front of #9A, for a distance of twenty (20) feet, “Handicap Parking Tow
Zone”.
Section 2. This Ordinance shall take effect as provided by City Charter.
413
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
Councillor Siegel left the Chamber.
#320 – MONTHLY FINANCIAL REPORT DATED APRIL 30, 2014
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the Monthly Financial Report dated April 30, 2014 be referred to the
Committee on Administration and Finance.
Councillor Siegel returned to the Chamber
#321 – YEAR TO DATE BUDGET REPORT DATED APRIL 31, 2014
Councillor Turiel introduced the following Order which was adopted.
ORDERED: That the Year to Date Budget Report dated April 31, 2014 be referred to the
Committee on Administration and Finance.
Councillor O’Keefe assumed the Chair.
#322 – CPA APPOINTMENTS BY CITY COUNCIL
Councillor McCarthy introduced the following Order which was adopted.
ORDERED: That the Committee of the Whole meet to discuss the appointment or
reappointments to the Community Preservation Committee according to City Ordinance Chapter 2
Section 2-1011 (6).
Councillor McCarthy resumed the Chair
414
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
#323 – TAXI OPERATOR HEARING
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 a Taxi Operator Hearing for James Brandley, has considered said matter and would recommend
approval of the license.
#324 – PETITION FROM NATIONAL GRID FOR CONDUIT ON COLUMBUS AVENUE
A hearing was ordered for June 12, 2014 on the petition from National Grid to install conduit
on Columbus Avenue.
#325 – MEMORIAL DAY PARADE AND CEREMONY
Invitation from the Salem Veterans Council inviting the City Council to the annual Memorial
Day Parade and Ceremony of Remembrance on Monday, May 26, 2014 at 10:00 A.M. gathering
on Commercial Street was received and placed on file.
#326 – ROAD RACE
A request from Adam Fitch to hold a road race and use of city streets on September 27,
2014, was granted.
#327 – ROAD RACE
A request from Salem YMCA to hold a road race and use of city streets on October 18,
2014, was granted.
#328 – ROAD RACE
A request from Parents United of Salem to hold a road race and use of city streets on
December 14, 2014 and a make up date on December 21, 2014, was granted.
415
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
#329 – LICENSE APPLICATION
The following license application was granted.
TAG DAY Polish Legion of American Vets., August 2, 2014
#330 - #331 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDE John Joseph Feeley, Jr., 26 South Shore Rd., Holbrook
Shannon Mary O’Donnell, 71 Leach St., Salem
Scott Aden, 14 Winthrop Shore Dr., Winthrop
TAXI OPERATORS John Sutherland, 407 Essex Ave., Gloucester
Tom McCarthy, 3 Branch Lane, Prides Crossing
Lawrence Carrick, 655 Western Ave., Lynn
Darryl Fanning, 25 Ord St., Salem
Douglas Stephens, 32 Broadway, Beverly
Andres Espinal, 12 Mt. Vernon St., Salem
Louie Anasoulis, 215 Rantoul St., Beverly
Howard Bent, 45 Franklin St., Salem
Reynaldo Garcia, 12 Pope St., Salem
Joseph Taylor Staten II, 2 Duck Pond Rd., Beverly
Robert Roderick Jr., 2 Esquire Cir., Peabody
Michelle Glenn, 168 Washington St., Peabody
Daniel Sirois, 15 Beckett St., Salem
Paul LaPorte, 364 Cabot St., Beverly
Vicki Kirkpatrick, 5 Tracey St., Peabody
Raymond Roberts, 140 New Balch, Beverly
#332 – TAXI OPERATOR
The following license application was denied.
TAXI OPERATOR John Leone, 44 Tracey St., Peabody
416
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
#333 – HEARING REQUEST
A hearing was request from John Leone on the denial of his taxi operator license was
referred to the Committee on Ordinances, Licenses and Legal Affairs to hold an Executive Session.
#334 – CLAIM
The following Claim was referred to the Committee on Ordinances, Licenses and Legal
Affairs.
Glen McElwee, 15 Boston St., Salem
#335 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE Linda Pressman, 30 Red Rock St., Lynn
(#275) – SECOND PASSAGE TRAFFIC, STOP SIGN, WEST AVENUE
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 49
“Obedience to Isolated Stop Signs” West Avenue was then taken up. It was adopted for second
and final passage.
(#276) – SECOND PASSAGE TRAFFIC, REPEAL HANDICAP PARKING FLINT STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50B
“Handicapped Parking Zone Limited Time” Repeal Flint Street in front of #81, was then taken up. It
was adopted for second and final passage.
417
CITY OF SALEM
MAY 22, 2014
REGULAR MEETING OF THE CITY COUNCIL
(#277) – SECOND PASSAGE TRAFFIC, HANDICAP PARKING FEDERAL STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50B
“Handicapped Parking Zone Limited Time” Federal Street in front of #102, was then taken up. It
was adopted for second and final passage.
(#278) – SECOND PASSAGE TRAFFIC, REPEAL HANDICAP PARKING SUMMER STREET
The matter of second and final passage of an Ordinance amending Traffic Ch. 42, Sec. 50B
“Handicapped Parking Zone Limited Time” Repeal Summer Street in front of #79, was then taken
up. It was adopted for second and final passage.
(#242) – SECOND PASSAGE ORDINANCE AMENDING BOATS AND WATERWAYS
The matter of second and final passage of an Ordinance amending Chapter 10 Boats and
Waterways of the City of Salem, was then taken up. It was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:45 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK