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MINUTES - Regular - 9/24/2015 200 CITY OF SALEM SEPTEMBER 24, 2015 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, September 24, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 17, 2015 at 7:22 P.M. This meeting is being taped and is live on S.A.T.V. All Councillors were present. Council President Sargent presided. Councillor Furey moved to dispense with the reading of the record of the previous meeting. It was so voted. President Sargent requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY There was no public testimony Councillor Sargent requested a moment of silence on the recent death of Councillor Joseph A. O’Keefe, Sr. (#504) APPOINTMENT OF DR. JEREMY SCHILLER TO BOARD OF HEALTH Held from the last meeting, the Mayor’s appointment of Dr. Jeremy Schiller to serve as a member of the Salem Board of Health with a term to expire on March 1, 2018, was confirmed by a roll call vote of 10 yeas, 0 nays, 0 absent. Councillors Turiel, Siegel, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Famico requested and received unanimous consent for suspension of the rules to allow Dr. Schiller to speak. 201 CITY OF SALEM SEPTEMBER 24, 2015 REGULAR MEETING OF THE CITY COUNCIL #564 – CONSTABLE The Mayor’s appointment of Terrance Wilkins to serve as a Constable with the term to expire on September 8, 2016, was received and placed on file. #565 – CONSTABLE The Mayor’s reappointment of Manuel Rabbitt to serve as a Constable with the term to expire on September 13, 2016, was received and placed on file. #566 – CONSTABLE The Mayor’s reappointment of Pasquale DeFeo, Jr. to serve as a Constable with the term to expire on September 8, 2018, was received and placed on file. #567 – APPROPRIATION TO BE EXEPENDED FOR RETIREMENT STABILIZATION – VACATION SICK LEAVE BUYBACK The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Five Thousand Five Hundred and Seventy-Three Dollars and Thirty-Six cents ($5,573.36) is hereby appropriated in the “Retirement Stabilization – Vacation/Sick Leave Buyback” account to be expended for the FY2016 contractual buyback listed below in accordance with the recommendation of Her Honor the Mayor. John Clary DPS $1,735.90 Nina Clay IT $3,837.46 Total $5,573.36 #568 – DONATION FOR TWO DEFIBRILLATORS The following Order recommended by the Mayor was adopted. ORDERED: The City of Salem hereby accepts a gift from North Shore Medical Center of two Philips HeartStart OnSite automated external defibrillator devices to be placed in City Hall and in City Hall Annex. 202 CITY OF SALEM SEPTEMBER 24, 2015 REGULAR MEETING OF THE CITY COUNCIL #569 – SALEM HIGH SCHOOL MUSIC BOOSTER COLLECT PARKING FEES The following Order recommended by the Mayor was adopted. ORDERED: The Salem High School Music Boosters are hereby authorized to staff the parking lot at 297 Bridge Street and collect, for benefit of the Boosters, a parking fee of $20.00 per day on Friday October 30, 2015 and each Saturday and Sunday October 17 through and including November 1, 2015. #570 – DEDICATE THE SOUTH SALEM FIRE STATION IN HONOR OF COUNCILLOR JOSEPH A. O’KEEFE, SR. Received after the deadline of Tuesday noon under suspension of the rules. The following Order recommended by the Mayor was held until the next meeting on October 8, 2015 per the Open Meeting Law. ORDERED: The Salem Fire Station at 64 Loring Avenue shall be known as the “Joseph A. O’Keefe, Sr. Fire Station” in recognition of City Councillor Joseph A. O’Keefe, Sr’s life time of service to the citizens of Salem and the Commonwealth of Massachusetts, most notably his years on the Salem City Council (1962 – 1974 and 2000 – 2015) and School Committee (1975 – 1980 and as the State Fire Marshall (1977 – 1992). #571 – TAG DAY Councillor Siegel introduced the following Order which was adopted. ORDERED: That the attached Tag Day Application for Salem/Swampscott Youth Hockey for October 4, 2015 be granted. #572 – ORDINANCE TRAFFIC, HANDICAP PARKING REPEAL SALEM STREET Councillor McCarthy introduced the following Ordinance which was adopted for first passage. In the year two thousand and fifteen An Ordinance to amend an Ordinance relative to Traffic 203 CITY OF SALEM SEPTEMBER 24, 2015 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B, “Handicapped Parking, Tow Zone” is hereby amended by repealing the following: Salem Street, westerly side starting at a point of twenty (20) feet south of Dow Street and continuing in a southerly direction for twenty (20) feet “Handicap Parking Tow Zone” (6/17/2013) Section 2. This Ordinance shall take effect as provided by City Charter. #573 – ORDINANCE TRAFFIC, HANDICAP PARKING DOW STREET Councillor McCarthy introduced the following Ordinance which was adopted for first passage. In the year two thousand and fifteen 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 Parking, Tow Zone” is hereby amended by adding the following: Dow Street, in front of #15 Dow Street, for a distance of twenty (20) feet, “Handicap Parking only, Tow Zone”. Section 2. This Ordinance shall take effect as provided by City Charter. #574 – MONTHLY FINANCIAL REPORT Councillor Turiel introduced the following Order which was adopted. ORDERED: That the Monthly Financial Report dated August 31, 2015 be referred to the Committee on Administration and Finance. 204 CITY OF SALEM SEPTEMBER 24, 2015 REGULAR MEETING OF THE CITY COUNCIL #575 – ORDINANCE TRAFFIC, HANDICAP PARKING REPEAL SALEM STREET Councillor Turiel introduced the following Ordinance which was adopted for first passage. In the year two thousand and fifteen 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 50A, “Handicapped Zone” is hereby amended by repealing the following: Salem Street, beginning at the entrance of the student drop off behind Saltonstall School and continuing for twenty (20) feet. “Handicapped Parking only, Tow Zone” (6/16/2010) Section 2. This Ordinance shall take effect as provided by City Charter. #576 – ORDINANCE TRAFFIC, HANDICAP PARKING NORTH STREET Councillor Gerard introduced the following Ordinance which was adopted for first passage. In the year two thousand and fifteen 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 Parking, Tow Zone” is hereby amended by adding the following: North Street, in front of F#117 North Street, for a distance of twenty (20) feet. “No parking Tow Zone, Handicap parking only” Section 2. This Ordinance shall take effect as provided by City Charter. 205 CITY OF SALEM SEPTEMBER 24, 2015 REGULAR MEETING OF THE CITY COUNCIL #577 – ORDINANCE TRAFFIC, SPEED ZONE REGULATIONS LEE STREET Councillor Gerard introduced the following Ordinance which was adopted for first passage. In the year two thousand and fifteen 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 88, “Speed Zone Regulations” is hereby amended by adding the following: Lee Street, southeast bound beginning at the junction of Orne Street, thence southeasterly on Lee Street 0.19 miles at 25 miles per hour ending at the junction of Dearborn Street, the total distance being 0.19 miles. Section 2. Lee Street, northwest bound beginning at the junction of Dearborn Street thence northwesterly on Lee Street, 0.19 miles at 25 miles per hour ending at the junction of Orne Street, the total distance being 0.19 miles. Section 3. This Ordinance shall take effect as provided by City Charter. #578 – (#550 - #551) GRANTING LICENSES Councillor Siegel 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 granting certain licenses has considered said matter and would recommend that the following licenses be granted TAG DAYS: SHS Marine JROTC, 9/27, 10/29, 10/30, 11/21 & 11/22/15 SHS Hockey, 12/6/15, 12/20/15 & 1/9/16 206 CITY OF SALEM SEPTEMBER 24, 2015 REGULAR MEETING OF THE CITY COUNCIL #579 – (#508) BOND ORDER FOR SALEM TRANSFER STATION Councillor Turiel 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 by a roll call vote of 9 yeas, 1 nay, 0 absent. Councillors Turiel, Siegel, Milo, McCarthy, Legault, Gerard, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Furey was recorded as opposed. Councillor Turiel moved for immediate reconsideration in the hopes it would not prevail was denied. The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a Bond Order in the amount of $2,250,000.00 for the purpose of capping and closing the ash landfill at the Salem Transfer Station has considered said matter and would recommend adoption for second passage by roll call vote. #580 – APPROPRIATION FROM CPA FUNDS FOR FY2016 PROJECTS Community Preservation Committee submitted the following Order relative to CPA Funds was adopted under suspension of the rules. ORDER: Appropriation of $80,000.00 with the CPA Funds for Fiscal Year 2016 to the following accounts in accordance with the recommendation of the Community Preservation Committee FY Fund Fund Name Description Amount 2016 2001 CPA Gen. Fund Dickson Chapel at $20,000.00 Greenlawn Cemetery 2016 2001 CPA Gen. Fund Salem Library – $60,000.00 Brownstone & Brickwork #581 – PETITION FROM COMCAST FOR A CONDUIT A hearing was ordered for October 8, 2015 on the petition from Comcast to install a conduit on Washington Street. 207 CITY OF SALEM SEPTEMBER 24, 2015 REGULAR MEETING OF THE CITY COUNCIL #582 – BLOCK PARTY Request from residents of Harrison Avenue to hold a Block party on Saturday, September 26, 2015 setup starting at 11:30 A.M - 10:00 P.M., was granted with condition the block party ends at 9:00 P.M. #583 – BLOCK PARTY Request from residents of Chestnut St. (block at Flint /Warren and Flint /Essex) to hold a Block party on October 31, 2015 from 5:00 P.M. – 8 P.M. (for trick or treat), was granted. #584 – BLOCK PARTY Request from residents of Harris St. to hold a Block party on October 24, 2015 from 12:00 P.M. – 9:00 P.M. with a rain date on October 31, 2015, was granted. #585 – SALEM STATE UNIVERSITY FUN RUN Request for Taylor Shea Dunn, Salem State University to hold a fun run and use of city streets on Sunday, September 27, 2015 starting at 11:00 A.M., was granted. #586 – FIESTA SHOWS CARNIVAL Request from Fiesta Shows to hold a Carnival located at 289 Derby Street from 10/16/15 – 11/1/15 from 3PM to 9PM weekdays and Noon to 10PM on weekends, was granted. #587 LICENSE APPLICATIONS The following license applications were granted. PUBLIC GUIDES: Karen Scalia, 29 RR Upham St., Salem Carl Schultz, 23 Vesary St., Beverly Lynn Pellegrino, 342 Clark Rd., Tewksbury Heidi Donaghy, 121 Conifer Hill Dr., Danvers Jeremy Murphy, 12 Michigan Ave., Lynn 208 CITY OF SALEM SEPTEMBER 24, 2015 REGULAR MEETING OF THE CITY COUNCIL #588 – #589 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Dr. Sheryl Ollie, 327 Broadway, Lynn Yudelka Rodriguez, 75 Palmer St., Salem #590 - #591 BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE: Terrance Wilkins, 12 Intervale Rd., Salem SIGN: Jimmy John’s, Lafayette St., Salem Action Contemplated (#526) - SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING, BOSTON STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking Boston Street, was then taken up. It was adopted for second and final passage. (#527) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING, PRESCOTT STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking Prescott Street, was then taken up. It was adopted for second and final passage. (#529) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING, WASHINGTON STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking Prescott Street, was then taken up. It was adopted for second and final passage. 209 CITY OF SALEM SEPTEMBER 24, 2015 REGULAR MEETING OF THE CITY COUNCIL (#530) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING REPEAL The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, and Section 50C, Handicap Parking repeal Ocean Avenue, was then taken up. It was adopted for second and final passage. (#533) – SECOND PASSAGE ORDINANCE TRAFFIC TOW ZONE SILVER STREET The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 74, Tow Zone Silver Street, was then taken up. It was adopted for second and final passage. (#535) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING HIGHLAND AVENUE The matter of second and final passage of an Ordinance amending Traffic, Chapter 42, Section 50B, Handicap Parking Prescott Street, was then taken up. It was adopted for second and final passage. On the motion of Councillor Furey the meeting adjourned at 8:25 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK