MINUTES - Regular - 10/8/2015
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CITY OF SALEM
OCTOBER 8, 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,
October 8, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of
this meeting was posted on October 1, 2015 at 3:14 P.M. This meeting is being taped and
is live on S.A.T.V.
All Councillors were present.
Council President Sargent presided.
Councillor Turiel 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
1. Tim Jenkins – 18 Broad Street – 37 Parking spaces at 50 St. Peter Street (old Salem Jail)
2. Criag Fields – Representative for Verizon on behalf of the workers – Resolution Fios
3. Teasie Riley-Goggin – 9 Wisteria Street – 37 Parking spaces at 50 St. Peter Street
4. Jim Kearney – 1 ½ Cambridge Street – 37 parking spaces at 50 St. Peter Street
#592 – HEARING ON PETITION FROM COMCAST FOR CONDUIT ON WASHINGTON STREET
A hearing was held on the Order from Comcast to install a conduit on Washington Street.
Appearing in favor was Tim Broderick, representative for Comcast. He stated this work was
necessary to provide services to 148 Washington Street.
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There was no one appearing in opposition.
Councillor Famico moved that the hearing be closed. It was so voted.
Councillor Famico moved for approval. It was so voted.
Councillor Famico put condition that the area be repaved and let the hotel know of the
process.
Councillor Eppley stated that there be a condition that no work is done during the month of
October.
#593 – CONSTABLE
The Mayor’s appointment of Brady Campusano to serve as a Constable with the term to
expire on September 25, 2016, was received and placed on file.
#594 – CONSTABLE
The Mayor’s appointment of Luis Alexander Polanco to serve as a Constable with the term
to expire on September 4, 2016, was received and placed on file.
#595 – AMORTIZATION SCHEDULE TO COVER FY2016 SNOW & ICE DEFICIT
The following Order recommended by the Mayor, was adopted under suspension of the
rules.
ORDERED: That the amortization schedule below totaling One Million, Three Hundred and
Twenty Two Thousand, Five Hundred and Twenty Eight Dollars ($1,322,528.00) be approved to
cover the balance of the FY2015 Snow and Ice deficit per Chapter 10, Section 58 of the Acts of
2015.
One Million ($1,000,000.00) may be appropriated from “Free Cash” to cover the remaining
balance of the FY2015 snow and ice deficit when FY2016 tax rate is set and free cash has been
certified by DOR. We request this in accordance with the recommendation of Her Honor the Mayor.
FY2017 Amount to Amortize $661,264
FY2018 Amount to Amortize $661,264
________
$1,322,528
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#596 – APPROPRIATION FROM “CAPITAL OUTLAY-RENOVATION & REPAIR” FOR REPAIR
OF PUBLIC WATER FOUNTAINS
The following Order recommended by the Mayor, was referred to the Committee on
Administration and Finance co-posted with the Committee of the Whole.
ORDERED: That the sum of Twenty-Six Thousand, Two Hundred and Forty-Two Dollars
($26,242.00) is hereby appropriated within the “Capital Outlay – Renovation & Repair” account to
be expended for repair of public water fountains by Department of Public Services and Recreation
Department in accordance with the recommendation of Her Honor the Mayor.
#597 – APPROPRIATION TO “GOLF COURSE – RENOVATION & REPAIRS”
The following Order recommended by the Mayor, was referred to the Committee on
Administration and Finance co-posted with the Committee of the Whole.
ORDERED: That the total sum of Eight Thousand Seven Hundred and Fifty-eight Dollars
($8,758.00) is hereby appropriated to the accounts listed below in accordance with the
recommendation of Her Honor the Mayor.
#598 – FIRE STATION TO BE NAMED IN HONOR OF THE LATE COUNCILLOR JOSEPH A.
O’KEEFE SR.
Held from the last meeting Mayor submitting an Order to name the Fire Station at 64 Loring
Avenue in honor of the late Councillor Joseph A. O’Keefe, Sr., was adopted.
#599 – ACCEPT TWO PARCELS OF LAND WITHIN THE WITCH HILL SUBDIVISION
The following Order recommended by the Mayor, was Adopted by 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.
ORDERED: That the City Council approves the acceptance of two parcels of land in the
Witch Hill Subdivision identified as 44 Dell Street (Assessors Lot 09-0258) and 1 Nurse Way
(Assessors Lot 14-0030) for the purpose of park and recreation.
Be it further Ordered, that the Mayor is authorized to accept on behalf of the City of Salem
and the Park and Recreation Commission, the following two parcels of land:
44 Dell Street (Assessor Lot 09-0258) and 1 Nurse Way (Assessor Lot 14-0030)
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#599 – RESOLUTION FOR SISTER CITY TOWN OF VAUX-SUR-SURE, BELGIUM
The following Resolution recommended by the Mayor was Adopted.
RESOLVED
A RESOLUTION DESIGNATING VAUX-SUR-SURE AS A SISTER CITY
WHEREAS: between December 23 and December 25, 1944, the Belgian town of Vaux-sur-Sure
was subject to some of the most brutal engagements of the Battle of the Bulge; and
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WHEREAS: on December 23, 19443, the 8 Tank Battalion of the 4 Armored Division of the U.S.
Third Army entered the town in the village of Chaumont; and
WHEREAS: the liberation of Vaux-sur-Sure and the rest of Bastogne was realized on December
th
26, 1944 when the 4 Armored Division broke through the German encirclement in the village of
Assenois, also in Vaux-sur-Sure;
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WHEREAS: Brigadier General Albin F. Irzyk, a son of Salem, commanded the 8 Tank Battalion
that helped liberate Vaux-sur-Sure and all of the Belgian Ardennes from German occupation; and
WHEREAS: on September 12, 2009, the town of Vaux-sur-Sure named a square in Chaumont in
General Irzyk’s honor; and
WHEREAS: in 1999 the City of Salem named a park and playground in this City in honor of
General Irzyk; and
WHEREAS: This City’s named is derived from an ancient word for peace; and
WHEREAS: A Sister City relationship between Vaux-sur-Sure and Salem will further enshrine the
historic friendship between two free and democratic communities;
NOW, THEREFORE, BE IT RESOLVED
1. That the people of Salem do once again extend a hand in alliance across the Atlantic Ocean
to the people of Vaux-sur-Sure; and
2. That the City of Salem does hereby designate the Town of Vaux-sur-Sure, Belgium, to be a
Sister City; and
3. That the City of Salem shall endeavor to create new ways to demonstrate this unique and
special relationship, including cultural exchanges, information exchanges, and more.
That the City of Salem designate the Town of Vaux-sur-sure, Belgium to be a sister city.
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#600 – PARKING TRIAL NO PARKING LORING AVENUE AT COLLEGE DRIVE
The following Order recommended by the Mayor was adopted.
ORDERED: The following sections of Loring Avenue shall prohibit vehicular parking for a
trial period of 90 days starting November 1, 2015.
Loring Avenue southerly side, starting at College Drive and running in a northeasterly
direction for a distance of forty (40) feet. No Parking, Tow Zone
Loring Avenue southerly side, starting at College Drive and running in a southwesterly
direction for a distance of one hundred (100) feet. No Parking, Tow Zone
#601 – REQUEST TO HOLD AN EXECUTIVE SESSION
A request by the Mayor on hold an executive session to review and discuss indicative/non-
executable prices for electrical supply under the new Salem PowerChoice Municipal Electrical
Aggregation Program was received and place on file.
#602 – AUTHORIZE CITY OF SALEM TO AGGREGATE THE ELECTRICAL LOAD PER MG.
CHAPTER 164 SEC. 134
The following Order recommended by the Mayor was adopted.
ORDERED: The Salem City Council, with the approval of the Mayor, hereby authorizes the
City of Salem to aggregate the electrical load of interested electricity consumers within the city
pursuant to M.G.L. Chapter 164, Section 134
#603 – ORDINANCE TRAFFIC HANDICAP PARKING BEAVER 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:
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Section 1. Chapter 42, Section 50B, “Handicap Parking, Limited Time” is hereby amended
by adding the following:
Beaver Street, in front of #14, for a distance of twenty (20) feet, “Handicap Parking, Tow
Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#604 – ORDINANCE TRAFFIC HANDICAP PARKING CABOT 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 50B “Handicapped Zones, Limited Time” is hereby amended
by adding the following:
Cabot Street, easterly side, starting at a point sixty-two (62) feet north of Fairfield Street and
continuing for twenty (20) feet in a northerly direction. “Handicapped Parking only, Tow
Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#605 – RESOLUTION – VERIZON EXPANSION OF FIOS NETWORK
Councillor Sargent introduced the following Resolution, which was adopted.
RESOLUTION:
WHEREAS: Access to reliable, high-speed Internet technology is essential to supporting
Salem’s economic growth and enhancing the lives of its residents; and
WHEREAS: Fiber optic technology is the most reliable and efficient way to transmit data to
businesses and residences and would allow Salem to stay competitive in the business,
education, science and technology sectors; and
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WHEREAS: Verizon has focused its expansion of the FiOS network in affluent communities
surrounding Salem and across Massachusetts leaving the residents of Salem’s
neighborhoods and Salem’s businesses unable to access the same state-of-the-art
services; and
WHEREAS: This practice has deepened the digital divide and has increased the disparity in
access to intellectual capital and economic opportunity; and
WHEREAS: Competition from fiber optic technology could drive down the cost for
consumers and boost the speed of other Internet connectivity options; and
WHEREAS: Deregulation and monopoly control have let to a significant downgrading in
traditional landline service in recent years; and
WHEREAS: State utilities regulators have enabled this problem by surrendering effective
service quality regulation under the theory that “market competition” would produce the best
results; and
WHEREAS: So-called market competition has resulted in less competition, higher prices
and lower quality service and residents in localities where FiOS is not available are forced to
pay monopoly prices for an inferior product; and
WHERAS; High-speed internet has gone from being a luxury item to a basic necessity in the
past two decades as Verizon and other telecom giants have continued to abandon the
traditional copper network;
THEREFORE BE IT RESOLVED: That the Salem City Council strongly urges the utility
regulators of Massachusetts to insist that high speed Internet and cable services be
included among providers’ “basic services” and work to ensure that Salem residents have
access to the newest and most efficient telecommunications technology available.
#606 – COUNCIL MEETINGS FOR NOVEMBER AND DECEMBER
Councillor Turiel introduced the following Order, which was adopted.
ORDERED: That the regular meetings of the City Council be held on Thursday, November
12, 2015 and Thursday, December 3, 2015.
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#607 – ELECTION ORDER
Councillor Furey introduced the following Order, which was adopted by roll call vote of
10 yeas, 0 nays, 0 absent. Councillor Turiel, Siegel, Milo, McCarthy, Legault, Gerard, Furey,
Famico, Eppley and Sargent were recorded as voting in the affirmative. There was no one voting in
the negative.
ORDERED: That the City Election be held on Tuesday, November 3, 2015 for the offices of
Councillor-At-Large, Councillors for Wards 1, 2, 3, 4, 5, 6 & 7 and School Committee.
#608 – RESOLUTION HONORING DOLORES JORDAN
Councillor McCarthy introduced the following resolution, which was adopted.
RESOLUTION:
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WHEREAS: Dolores Jordan is approaching her 87 year and on the occasion of S.A.F.E. (Salem Alliance for the
Environment) is honoring her leadership, membership, and participation in environmental advocacy,
historic preservation advocacy, and community activism making Salem a better place for all of its
people.
WHEREAS: Dolores Jordan has served this Community well in many ways for many years; as an environmental
advocate she has been a board member of SAFE from 2005 to the present, and is involved in Salem
Sound Coastwatch, Friends of Salem Woods, Clean Water Action, Healthlink, Wenham Lake
Watershed Association, Conservation Law Foundation, Greenpeace, MASS PIRG, Sierra Club and
many others; and
WHEREAS: Dolores Jordan has also been a Historic Preservation Activist. She was the founder of Concerned
Citizens of Derby Street which later became Historic Derby Street Neighborhood Association, and she
was the leader in the effort to have Derby Street designated as the second Historic District in Salem in
1974. She was the Chair of Derby Day for Centennial Celebration with the National Park Service and
leader of the Friends of Salem Maritime, a local volunteer organization that worked with the Park
Service to restore the tower of Derby Light and then relight the beacon.
WHEREAS: She is the recipient of the Hawthorne Historic Preservation Award for her work in preserving the Derby
Street Neighborhood. She is also a recipient of a commendation from the National Trust for Historic
Preservation. She is the founder and leader of “Salem Sets Sail” an educational program for youths at
the National Maritime Park.
WHEREAS: As a Community Activist and Volunteer she is a member of the Salem Beautification Committee,
Peabody Essex Museum, Salem State Explorers, Salem High School Reunion Chair, Boston
University Class President for 12 years, and an Advocate for the Community Preservation Act. She
was the chair of the fundraising effort to send youth members of St. John’s Polish Parish in Salem to
Rome to meet Pope John Paul II. She also lead Salem support for Greenpeace in its 2010 “Roll
Against Coal”.
WHEREAS: Dolores Jordan is being honored for her lifetime of outstanding work in this City. Her dedicated interest
and devotion has been unsurpassed and her long and productive lifetime, has demonstrated in
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countless ways her dedication to the welfare of others and has earned the respect and affection of
people from all walks of life and all ages; and
NOW, THEREFORE, BE IT RESOLVED: That the City Council of the City of Salem, on behalf of all it’s citizens
present to Dolores Jordan a suitable copy of this resolution along with the City Seal.
AND BE IT FURTHER RESOLVED: that this resolution be entered into the record of these proceedings.
#609 – (#21) COMMITTEE REPORT ORDINANCE AMENDING CITY COUNCIL
COMPENSATION
Councillor Siegel 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 an Ordinance Amending an Ordinance relative to the City Council
Compensation has considered said matter and would recommend that the attached Ordinance be
adopted for first passage.
#610 – (#466) COMMITTEE REPORT ADDING STREETS TO CH. 42, SEC. 75 FOR OCTOBER
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 an
Ordinance Amending a Traffic Ordinance relative to Resident Sticker Parking (Ch. 42 Sec. 75) by
stst
adding a list of streets restricting parking to residents only from October 1 to November 1 has
considered said matter and would recommend that the matter remain in Committee.
#611 – (#467) COMMITTEE REPORT AMENDING TRAFFIC ORDINANCE RELATIVE TO FINES
FOR OCTOBER
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 an
Ordinance Amending a Traffic Ordinance relative to the Schedule of Fines (Ch. 42 Sec. 17A)
during the Month of October has considered said matter and would recommend adoption for first
passage.
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#612 – (517) COMMITTEE REPORT CONSTRUCTING 37 OFF STREET PARKING SPACES AT
THE CORNER OF BRIDGE AND ST. PETER STREET
Councillor Siegel offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs to whom was referred an Order authorizing the Mayor to construct 37 off street
parking spaces adjacent to 50 St. Peter Street. It was voted to accept the report.
Councillor Siegel amended to remove contingency about restaurant. Adopted.
Councillor Famico amended to remove last three lines and end with Conservation
Commission. Remove the word public after 17 spaces. Adopted
Councillor Legault amended to remove after 50 St. Peter Street “with an agreement that the
lot is landscaped and maintained”. Adopted
Adopted as amended as follows: (Councillor McCarthy recorded as opposed)
That the Mayor be authorized to establish and construct up to but not to exceed seventeen
(17) spaces of public off-street parking spaces adjacent to Bridge St. at 50 St. Peter St. At no point
shall an exit release onto Sgt. Ayube Bypass Road. This authorization is pending approval of the
Design Review Board, Salem Redevelopment Authority, Planning Board and Conservation
Commission.
#613 – (#518) COMMITTEE REPORT GEORGE SANSOUCY SPECIAL MUNICIPAL EMPLOYEE
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 by roll call vote
of 10 yeas, 0 nays, 0 absent. Councillor Turiel, Siegel, Milo, McCarthy, Legault, Gerard, Furey,
Famico, Eppley and Sargent were recorded as voting in the affirmative. There was no one voting in
the negative.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred
designating George Sansoucy, an Outside Expert Appraiser as a Special Municipal Employee as
defined in MGL Ch. 268 has considered said matter and would recommend approval by roll call
vote.
#614 – (#548 - #549) COMMITTEE REPORT HEARING REQUEST
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.
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The Committee on Ordinances, Licenses and Legal Affairs to whom was referred a hearing
request from Jorge Elias regarding the denial of his Limo License has considered said matter and
would recommend that his license be denied.
#615 – BLOCK PARTY
A request from residents of River Street to hold a Block party at the intersection of Beckford
St. and Federal St. (Beckford Square Area) on Sunday, October 11, 2015 from 4:00 P.M. to 7:00
P.M. with a rain date of Sunday, October 18, 2015, was granted.
#616 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs
Tag Day: Marine JROTC, December 11, 2015, January 2, 2016 & February 13, 2016
#617 - #618 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
CLAIMS Alicia Soares, 77 Collins St., Lynn
Brendan Sheehan, 13 Bow St., Salem
#619 - #620 BONDS
The following bonds were referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE: Brady Campusano, 120 Haverhill St., Lawrence
Luis Alexander Polanco, 15 Hancock St., Lawrence
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#621 – REAPPOINTMENT OF CITY CLERK CHERYL A. LAPOINTE
The reappointment of Cheryl A. LaPointe as City Clerk, with a term to expire November 9,
2018.
Councillor Siegel moved that the confirmation of Cheryl A. LaPointe be confirmed by a roll call
vote.
Appointment was confirmed by roll call vote of 10 yeas, 0 nays, 0 absent. Councillor Turiel,
Siegel, Milo, McCarthy, Legault, Gerard, Furey, Famico, Eppley and Sargent were recorded as
voting in the affirmative. There was no one voting in the negative.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
(#572) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING REPEAL SALEM
STREET
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 50B Repeal
“Handicap Parking, Limited Time” Salem Street westerly side twenty feet south of Dow Street in a
southerly direction was then taken up. It was adopted for second and final passage.
(#573) – SECOND PASSAGE ORDINANCE AMENDING TRAFFIC HANDICAP PARKING DOW
STREET
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 50B
“Handicap Parking, Limited Time” Dow Street was then taken up. It was adopted for second and
final passage.
(#575) - SECOND PASSAGE ORDINANCE TRAFFIC REPEAL HANDICAP PARKING SALEM
STREET BEHIND SALTONSTALL SCHOOL
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 50B Repeal
“Handicap Parking, Limited Time” Salem Street beginning at the entrance of the student drop off
behind Saltonstall School was then taken up. It was adopted for second and final passage.
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(#576) - SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING NORTH STREET
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 50B
“Handicap Parking Limited Time” North Street was then taken up. It was adopted for second and
final passage.
(#577) – SECOND PASSAGE ORDINANCE TRAFFIC SPEED ZONE REGULATIONS
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 88 “Speed
Zone Regulations” Lee Street was then taken up. It was adopted for second and final passage.
On the motion of Councillor Furey the meeting adjourned at 9:25 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK