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MINUTES - Regular - 10/23/2014 546 CITY OF SALEM OCTOBER 23, 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, October 23, 2014 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on October 16, 2014 at 6:46 P.M. This meeting is being taped and is live on S.A.T.V. All Councillors were recorded as 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. PUBLIC TESTIMONY NONE Councillor O’Keefe requested a moment of silence on the passing of Jim Treadwell. Councillor Sargent requested that a City Seal be sent posthumously. Councillor Gerard stated she met him when she did the recording for the Planning Board meetings. A memorial gathering will be held on November 23, at 2:00 PM at the Moose Hall. 547 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL (#588) – HEARING EXTENDED HOURS OF OPERATION FOR NEW YORK FOOD MARKET A hearing was held on the request from Ahmad Hijazi, New York Food Market, located at 21 Salem Street for extended hours of operation from 8:00 am to 3:00 am Monday-Sunday (current hours are 8:00 am to 11:00 pm Monday-Sunday). Appearing in favor was Ahmad Hijazi –owner of New York Food Market located at 21 Salem Street. He stated that his customers were requesting the later hours due to their work schedules. Councillor Gerard questioned are there any noise complaints currently? Mr. Hijazi stated they have 50 customers before closing time and have no problems with noise. Councillor Legault stated you have neighbors in close proximity, have you spoken to them? Mr. Hijazi owner of the business stated yes. Councillor O’Keefe asked how many square feet do you have? It’s a small store, what do you sell? Mr. Hijazi stated it is a variety for the home, it is not congested and it complies with the health department regulations. Councillor O’Keefe stated I don’t believe you should be open that late. Councillor Furey stated Salem is a 24 hour City. It’s vibrant and positive and this is an asset. Councillor Legault asked why 3:00 AM Mr. Hijazi stated due to the customers work hours and he asked people in the neighborhood. Councillor Legault stated he would accept 1:00 AM Councillor O’Keefe assumed the Chair. Councillor McCarthy thanked Mr. Hijazi for being involved in Salem. Some businesses with the early hours are in different zones. This is to close to neighbors and it is to compact. He stated he cannot support this. Eating establishments ask for hours only for Friday, Saturday and Sunday. Councillor McCarthy resumed the Chair. 548 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL Appearing in Opposition: Lucy Corchado former City Councillor stated that this is to late and this is a densely populated area. There are a number of complaints in that area who are across from this store. It is a dark area and will bring more problems. Pam Anderson owner of 10/12 Dow Street stated that she echo’s the previous speakers concerns of noise and also no parking. Sandra Gaudreault resident of Salem Street stated that she doesn’t drive and is in favor of the store. Councillor Famico stated this is in the area where the new splash pad is going. This is not an appropriate for the area. She stated she is against extended hours. Councillor Sargent stated City Planning you have late activities in the downtown and the neighborhoods are quiet at night for rest. He stated that he is against the extended hours. Councillor Eppley stated he is opposed, he agrees with the previous speaker. Why not have an earlier opening at 6:00 AM instead of 8:00 AM this is a better time. Councillor Milo stated she is opposed. This is setting up for a situation for more complaints and we must consider the neighbors. Maybe you should consider the extended hour on the front end open earlier. Isabella Vargas 29 Harbor Street is a translator for Rosa Diaz of 26 Dow Street. Ms Diaz stated that 3:00 AM is not appropriate, as the Councillor suggested open earlier. Councillor O’Keefe moved that the hearing be closed. It was so voted. Councillor O’Keefe moved the petition be denied. It was so voted by roll call vote of 10 yeas, 1 nay, 0 absent. The following Councillors were recorded as voting in the affirmative Councillor Eppley, Famico, Gerard, Legault, Milo, O’Keefe, Sargent, Siegel, Turiel, and McCarthy. Councillor Furey was recorded as voting in the negative. A motion for immediate reconsideration in the hopes it would not prevail was denied. 549 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL #601 – HEARING NATIONAL GRID CONDUIT ON LORING AVENUE A hearing was held on the petition from National Grid to install a conduit on Loring Avenue (SSU – Central Campus – 121 Loring Ave.). Appearing in favor was Joe Carey principal engineer for National Grid, Waltham MA Councillor O’Keefe objected to opening the street at #71 Loring Avenue due to the traffic not being able to go in or out of the college driveway. He stated that the work should be done on weekends. Adria Leach representative of Salem State University introduced Mike Fusco from Turner Construction. Mike Fusco representative of Turner Construction stated that they need this to go across that driveway and they will do half at a time. Councillor O’Keefe asked if they have contacted Lt. Preczewski of the Police Traffic Division. Mike Fusco state no we have not. Councillor Famico asked what month will this work be done? Mike Fusco stated the second week of November Councillor Turiel stated that he understood why the Councillor is requesting weekends why not do it Thanksgiving week traffic will be minimal before moratorium goes into affect. Councillor Siegel asked how long will this take st Mike Fusco responded it has to be done before December 1. Councillor O’Keefe stated someone knew this work had to be done earlier. Adria Leach SSU representative stated she found out yesterday. Councillor O’Keefe stated he is opposed. He wants it granted only with condition that the work is to be done only on the weekends. Councillor O’Keefe moved that the hearing be closed. It was so voted. 550 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL The Petition was granted with the condition that the work can only be done on the weekends until finished and on the Friday after Thanksgiving and with Lt. Preczewski’s provision by roll call vote of 9 yeas, 1 nay, 1 present, 0 absent. Councillors Eppley, Furey, Gerard, Legault, O’Keefe, Sargent, Siegel, Turiel and McCarthy were recorded as voting in the affirmative. Councillor Famico was recorded as voting in the negative. Councillor Milo voted present. Lt. Preczewskis provision was that a Police detail can aid in the orderly flow of traffic in and out of the Enterprise Center. A motion for immediate reconsideration in the hopes it would not prevail was denied. #602 – HEARING NATIONAL GRID CONDUITS ON LEAVITT ST., CONGRESS ST., HAWTHORNE BLVD., WASHINGTON SQUARE WEST, WASHINGTON SQUARE SOUTH AND FORRESTER ST. A hearing was held on the petition of National Grid to install conduits for the Salem Cable Replacement Project for Franchise Rights (Part 1 of 2) on the following streets: Leavitt St., Congress St., Hawthorne Blvd., Washington Sq. West, Washington Sq. South and Forrester St., Appearing in favor: Lauren Pelequin Shea – Representative for National Grid 40 Sylvan Rd. Waltham, MA stated they are waiting for final decision of EMF. This is the first half of the streets being requested. Christine Doll – 31 Forrester Street stated she is opposed to digging up historical streets Marianne Curtin – 35 Forrester Street objects to how this has been handled by National Grid. There is no mitigation and no concerns are heard. Dr. William Bailey – EMF expert for technical resource for National Grid stated the magnetic field produced was thoroughly investigated. The company has taken steps to have cables to reduce the magnetic field. There are no health affects from the magnetic fields. This is the same field exposure as daily life. Councillor Sargent asked how many volts are there. Dr. Bailey stated 115,000 volts Councillor Sargent stated if someone collected voltage in their basement could they get it for free. Dr. Bailey stated he didn’t know how someone could do that. 551 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL Councillor Eppley questioned what is the anticipated start and finish date. George DeLoureiro Project manager EIG, Engineer Initiates Group, Bartlett, MA – stated the schedule is not complete, the start dates is January and it’s 11 – 12 months and maybe 6 months more. Councillor Eppley – stated if we continue the hearing in November or December would you still be able to continue? George DeLoureiro– yes we would need the November time frame. Councillor Sargent asked if National Grid hires contractors or is it National Grid that does the work? George DeLoureiro – stated we hire contractors. Councillor Sargent stated that then National Grid should be liable for all liability of damage Lauren Peloquin – state we will get weekly updates on damages. Councillor Sargent asked how long after completion can someone submit a claim? Lauren Peloquin – stated that hasn’t been determined. George DeLoureiro – we will take pictures prior to construction. Councillor Sargent – asked are they able to sub contract? George DeLoureiro stated yes Councillor O’Keefe asked if there is a pre construction inspection George DeLoureiro stated surveys are done on the outside of all properties we work with the homeowners and upon request will survey the inside. All borings have been done we don’t forsee any blasting to be done. Councillor Siegel asked is the city requiring National Grid to put up a bond Solicitor Elizabeth Rennard responded no. There are escrow accounts set up for roads if there are problems. We address them as they come. Christine Doll – 30 Forrester Street – is there a damage claims process. 552 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL Councillor Famico asked how does National Grid reach out to residents? Sean Downey – Principal, Hilltop Public Solutions, Manchester, NH – stated he was contracted by National Grid to contact residents to make them aware of construction every step of the way. There will be a website, social media to aid in keeping the residents informed. Helen McDonald – 193 Lafayette Street – stated we had a project along Leavitt Street and there was no communication from National Grid all summer long. Councillor Furey stated sometimes Council has to work like David and Goliath, National Grid being Goliath, what would happen if it is delayed. This is Salem’s “Big Dig”. Do we say no? Councillor Eppley stated we are not at a point to say no, but keep in house or put in Committee of the Whole. Councillor O’Keefe assumed the Chair Councillor McCarthy stated he first talked with National Grid 6 years ago. No one wants this. But 2 months ago parts of Salem and Marblehead went black due to transmission lines going down. I have argued with National Grid but this project is necessary. There is a January start date. It has the most comprehensive MOU that National Grid has ever agreed to. We can continue the public hearing until the next Council meeting. The street opening is controlled by the City Engineer David Knowlton and is given out piece meal. Councillor McCarthy resumed the Chair. Solicitor Elizabeth Rennard stated that the contractor has to have insurance to cover damages. We worked on this for days with National Grid and their legal counsel. Bess Gorman - Legal Counsel for National Grid - stated we can require the contractor to get a bond. Councillor Eppley moved that the hearing be continued until the next Council meeting of November 20, 2013. It was so voted. 553 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL #603 – APPROPRIATION TO BE EXPENDED FOR A NEW BOILER AT FIRE STATION 4 The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Sixteen Thousand Eight Hundred and Sixty-Three Dollars ($16,863.00) is hereby appropriated within the “Capital Outlay – Equipment” account to be expended for a new boiler at Fire Station 4 in accordance with the recommendation of Her Honor the Mayor. #604 – ESTABLISH A PARKING RATE AT UNIVERSAL STEEL LOT AND ALLOW SHS MUSIC BOOSTERS TO COLLECT A DONATION PER CAR ON FRIDAY, SATURDAY AND SUNDAY THROUGH NOVEMBER The following Order recommended by the Mayor. ORDER: to establish a parking rate of $4/day at the Universal Steel Parking lot located at 297 Bridge Street subject approval of the Parking Board Also allow the Salem High School Music Boosters to staff and collect a donation of $20.00 per car on Friday, Saturday and Sunday through November 2, 2014 to benefit the Boosters. Councillor Siegel moved to divide the question. On the establishment of a parking rate. It was so voted. Councillor O’Keefe was recorded as opposed to the rate. On allowing the Salem High School Music Boosters to collect a donation through November. It was so voted. . #605 – TRIAL PERIOD PROHIBITED MOVEMENTS ROSLYN STREET Councillor Turiel introduced the following Order which was adopted. ORDER: Trial period up to sixty (60) days traffic recommendation, Chapter 42 Section 49A, “Prohibited Movements” (No left turn) Roslyn Street westbound traffic at Canal Street. 554 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL #606 – MONTHLY FINANCIAL REPORT Councillor Turiel introduced the following Order which was adopted. ORDER: That the Monthly Financial Report dated September 30, 2014 be referred to the Committee on Administration and Finance #607 – YEAR TO DATE BUDGET REPORT Councillor Turiel introduced the following Order which was adopted. ORDER: That the Year to Date Budget Report dated July, August and September 2014, be referred to the Committee on Administration and Finance. #608 – CREATE WORKING GROUP TO REVIEW RESIDENT PARKING Councillor Turiel introduced the following Order which was adopted. ORDER:That the Committee of the Whole meet to create a working group to look at resident parking in the City of Salem, areas of administration, the application process, sticker eligibility and costs. All further resident parking requests will be held pending the formation of this group. #609 – HEARING FOR NATIONAL GRID FOR CONDUIT ON THORNDIKE STREET Councillor Famico introduced the following Order which was adopted. ORDER: That a public hearing be held on Thursday, November 20, 2014 for the attached petition submitted from National Grid to install a conduit on Thorndike Street. (petition can be viewed during regular working hours in the City Clerks office) #610 – ADHOC COMMITTEE BE FORMED TO REVIEW PROCESS OF ROAD RACES Councillor Legault introduced the following Order which was adopted. ORDER: That the Committee on Community and Economic Development meet to form an ADHOC Committee to review the process and application for a road race. 555 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL #611 – RESIDENT STICKER PARKING TRIAL PERIOD FOR FORRESTER STREET 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 60 day trial period for Resident Sticker Parking for Forrester Street, has considered said matter and would recommend that the matter remain in Committee. #612 – RESIDENT STICKER PARKING TRIAL PERIOD FOR EMERTON STREET 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 60 day trial period for Resident Sticker Parking for Emerton Street, has considered said matter and would recommend that the matter remain in Committee. #613 – RESIDENT STICKER PARKING TRIAL PERIOD FOR ESSEX STREET #1-99 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 60 day trial period for Resident Sticker Parking for Essex Street from #1-99, has considered said matter and would recommend that the matter remain in Committee. #614 – APPROPRIATION FOR BERTRAM FIELD UPGRADES Councillor Turiel 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 Committee of the Whole to whom was referred the matter of a $300,000.00 appropriation from “Capital Outlay Renovation & Repair” account to be expended for the Bertram Field Upgrades has considered said matter and would recommend approval. 556 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL #615 – ROAD RACE - B&S EVENT MANAGEMENT Councillor Legault 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. The Committee on Community and Economic Development co-posted with the Committee of the Whole to whom was referred the matter of a road race by B&S Event Management to be held on December 6, 2014, has considered said matter and would recommend the acceptance of B&S withdrawing their application for this road race #616 – PETITION FROM NATIONAL GRID FOR CONDUITS A hearing was ordered for November 20, 2014 on the petition from National Grid to install conduits for the Salem Cable Replacement Project for Franchise Rights (Part 2 of 2) on the following streets: Cypress Street, Cabot Street, Fairfield Street, Essex Street, Webb Street and Fort Avenue #617 – COMMUNICATION FROM PETER VALLIS A communication from Peter Vallis to withdraw any and all petitions on file with the City Council in regards to Tinkers Island issues was received and placed on file. #618 – LICENSE APPLICATION The following license applications was granted. PUBLIC GUIDE: Peter Debnam, 184 Atlantic St., Gloucester #619 – TAG DAY The following license Applications: TAG DAY: S.H.S. Girls Basketball 11/29/14, 12/27/14, 1/10/15 & 1/31/15 557 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL #620 - #624 CLAIMS The Following Claims: Pauline Foley, 24 Dunlap St., Salem Julie Armstrong, 94 Derby St., Salem Peter Fessenden, 273 Parker St., E. Longmeadow, Christopher Blinh, 33 Carlton St., Salem SUBROGATED Hanover Ins. Co. (for Richard Levine), PO Box 15147. Worcester (#577) – SECOND PASSAGE TRAFFIC – STOP SIGN OCEAN AVENUE The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 49 “Obedience to Isolated Stop Sign” Ocean Avenue was then taken up. It was adopted for second and final passage. (#578) – SECOND PASSAGE TRAFFIC – STOP SIGN CABOT STREET The matter of second passage of an Ordinance relative to Traffic Ch. 42, Sec. 49 “Obedience to Isolated Stop Sign” Cabot Street, was then taken up. It was adopted for second and final passage. (#579) – SECOND PASSAGE TRAFFIC – PARKING PROHIBITED CERTAIN TIMES ON CERTAIN STREETS SALEM STREET The matter of second passage of an Ordinance relative to Traffic Ch. 42, Sec. 51B, “Parking Prohibited Certain Times on Certain Streets” Salem Street, was then taken up. It was adopted for second and final passage. (#580) – SECOND PASSAGE TRAFFIC – STOP SIGN TREMONT STREET The matter of second passage of an Ordinance relative to Traffic Ch. 42, Sec. 49 “Obedience to Isolated Stop Sign” Tremont Street, was then taken up. It was adopted for second and final passage. 558 CITY OF SALEM OCTOBER 23, 2014 REGULAR MEETING OF THE CITY COUNCIL (#581) – SECOND PASSAGE TRAFFIC – STOP SIGN FLINT STREET The matter of second passage of an Ordinance relative to Traffic Ch. 42, Sec. 49 “Obedience to Isolated Stop Sign” Flint Street, was then taken up. It was adopted for second and final passage. On the motion of Councillor O’Keefe the meeting adjourned at 9:05 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK