MINUTES - Regular - 10/22/2015
223 CITY OF SALEM
OCTOBER 22, 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 22, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of
this meeting was posted on October 16, 2015 at 11:03 A.M. This meeting is being taped
and is live on S.A.T.V.
All Councillors were present.
Council President Sargent presided.
Councillor Milo 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 one signed up for public testimony
It was noted that Boy Scout Troop 83 was present at the meeting.
Councillor Sargent moved to take out of Order and go to Mayor’s Information page.
Councillor Sargent moved suspension of the rules to allow the Mayor to address the City Council
with a representative from AARP.
224 CITY OF SALEM
OCTOBER 22, 2015
REGULAR MEETING OF THE CITY COUNCIL
#622 – REAPPOINTMENT OF HARRY WAGG AS ASSISTANT BUILDING INSPECTOR
The Mayor’s reappointment of Harry Wagg to serve as the Assistant Building Inspector with
a term to expire on October 22, 2017, 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.
#623 – CONSTABLE
The Mayor’s appointment of Luis Adriano Polanco to serve as a Constable with the term to
expire on September 4, 2016, was received and placed on file.
#624 – CONSTABLE
The Mayor’s reappointment of Christopher Chigas to serve as a Constable with the term to
expire on October 3, 2018, was received and placed on file.
#625 - APPROPRIATION FROM RETIREMENT STABILIZATION – VACATION SICK LEAVE
BUYBACK ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of fifty-five Thousand, five Hundred and sixty-three Dollars, and
fifty Cents ($55,563.50) is herby appropriated in the “Retirement Stabilization Fund – Vacation/Sick
Leave Buyback” account to be expended for FY2016 contractual buyback listed below in
accordance with the recommendation of Her Honor the Mayor.
Victor Theriault School Dept. $13,916.00
William Nadeau School Dept. 21,647.50
Alan LeClair School Dept. 20,000.00
$55,563.50
225 CITY OF SALEM
OCTOBER 22, 2015
REGULAR MEETING OF THE CITY COUNCIL
#626 – DONATION TO POLICE LAW ENFORCEMENT TRUST FUND ACCOUNT
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from the Commonwealth of Mass. – Eastern District
Attorney totaling Fifteen Thousand Dollars ($15,000.00). These funds will be deposited into to
“Police Law Enforcement Trust Fund Donation” account to support the On-Point program in
accordance with the recommendation of Her Honor the Mayor.
#627 – DONATION TO SALEM POLICE K9 DONATION FUND
The following Order recommended by the Mayor was adopted.
ORDERED: To accept the donation from the Salem Lodge No. 218 Loyal Order of Moose
totaling One Thousand Nine Hundred and Twenty-Eight Dollars ($1,928.00). These funds will be
deposited into the “Salem Police K9 Donation Fund” to support the Salem Police Department K9
Unit in accordance with the recommendation of Her Honor the Mayor.
#628 – ORDINANCE AMENDING BOARDS & COMMISSIONS FOR YOUTH COMMISSION
The following Ordinance recommended by the Mayor was referred to the Committee on
Ordinances, Licenses and Legal Affairs.
In the year two thousand and fifteen
An Ordinance to amend an Ordinance relative to Boards, Commissions, Committees and
Authorities by establishing a Youth Commission
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 2 is hereby amended by adding a new division within Article IV, Boards,
Commissions, Committees and Authorities as follows:
Division 17. Youth Commission
Section 2-1030. Established
There is hereby established a youth commission for the purpose of promoting positive
activities and opportunities for Salem youth, coordinating and enriching existing youth
services through community education and advocacy, and working with city officials to share
concerns and ideas to improve the lives of Salem youth.
226 CITY OF SALEM
OCTOBER 22, 2015
REGULAR MEETING OF THE CITY COUNCIL
Section 2-1031. Composition; appointment, term; filling of vacancies
The commission shall consist of nine members, two members representing Salem not-for-
profit agencies offering programs or services for Salem youth and seven members selected
from Salem youth ages 13 to 21. Members shall be appointed by the Mayor, subject to City
Council approval. The Mayor shall make every effort to appoint youth members so that a
majority of the city’s wards are represented on the commission. The terms of the initial
members of the commission shall be for one, two or three years and so arranged that the
terms of approximately one third of the members will expire each year, and their successors
shall be appointed for a term of three years each. A vacancy occurring otherwise than by
expiration of a term shall be filled for the unexpired term in the same manner as an original
appointment.
Section 2. This ordinance shall take effect as provided by city charter.
#629 – RESOLUTION HOTEL SALEM ESTATE HOLDINGS LLC
Received after the deadline of Tuesday noon and referred to the Committee on
Administration and Finance co-posted with the Committee of the Whole
RESOLUTION
WHEREAS, Hotel Salem Real Estate Holdings, LLC (hereinafter “Hotel Salem.”) wishes to
purchase and redevelop the building located at 203 Essex Street, Salem, MA, known, as
Assessor’s Parcel ID 35-0240-0 into a new 44 room boutique hotel; and
WHEREAS, the City of Salem (hereafter “City”) is willing to grant tax concessions in return
for a guarantee of the purchase 203 Essex Street in Salem, and redeveloping it into a +/-
27,700 sq. ft. 44 room boutique hotel, and the creation of employment opportunities for local
workers;
NOW, THEREFORE, BE IT RESOLVED that the Salem City Council hereby
Endorses the use of Tax Increment Financing as a tool to encourage economic
development at 203 Essex Street, and;
Provides for a tax exemption at 203 Essex Street for a period of five (5) years, beginning
the first full fiscal
Term Exemption %
1 100%
2 80%
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OCTOBER 22, 2015
REGULAR MEETING OF THE CITY COUNCIL
3 60%
4 40%
5 20%
Said exemption being in accordance with M.G.L. Chapter 23A, Section 3E, Chapter 40, Section 59,
Section 5.
BE IT FURTHER RESOLVED that the Mayor is hereby authorized, on behalf of the City, to enter
into a Tax Increment Financing Agreement, a copy of which is attached hereto, with Hotel Salem
Real Estate Holdings, LLC.
BE IT FURTHER RESOLVED that the City of Salem is hereby authorized to submit an application
to the Economic Assistance Coordinating Council (EACC) for approval of the Tax Incxrement
Financing Agreement.
#630 – TAX INCREMENT FINANCING AGREEMENT WITH HOTEL SALEM REAL ESTATE
HOLDINGS, LLC
Received after the deadline of Tuesday noon and referred to the Committee on
Administration and Finance co-posted with the Committee of the Whole
TAX INCREMENT FINANCING AGREEMENT
CITY OF SALEM, MASSACHUSETTS
AND
HOTEL SALEM REAL ESTATE HOLDINGS, LLC
This agreement is made this______day of November, 2015 by and between the CITY OF SALEM,
a municipal corporation duly organized under the laws of the Commonwealth of Massachusetts,
having a principal place of business at City Hall, 93 Washington Street, Salem, Massachusetts,
01970, acting through the Mayor Kimberley Driscoll (hereinafter called the “CITY”) and Hotel Salem
Real Estate Holdings, LLC, a Massachusetts Corporation with a principal place of business at 133
Old Ferry Road, Newburyport, MA 01950 (hereinafter called “the COMPANY”). The base year for
this Agreement will be FY2016. The exemptions associated with this Agreement will take effect
beginning in FY2017. For exact location of site, refer to Attachment “Exhibit A”.
(Exhibit A, a copy may be viewed in the City Clerks office during normal business hours.)
WHEREAS, the COMPANY wishes to acquire and redevelop the +/- 27,700 square foot former
Newmark Department Store, currently a commercial office building, at 203 Essex Street in Salem;
and
228 CITY OF SALEM
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REGULAR MEETING OF THE CITY COUNCIL
WHEREAS, The CITY is willing to grant tax concession in return for guarantee of the purchase and
redevelopment of the +/- 27,700 square feet office building into a 44 room boutique hotel and the
creation of employment opportunities for local workers; and
WHEREAS, the Salem City council resolved on November ___, 2015, to allow the use of Tax
Increment Financing as a tool to encourage economic development at 209 Essex Street in Saelm;
and
NOW, THEREFORE, in consideration of the mutual promises contained herein, the parties do
mutually agree as follows:
A. THE COMPANY’S OBLIGATIONS
1. The COMPANY shall purchase and renovate a +/- 27,700 sq. ft. building at 203
Essex Street in Salem (herein after “the BUILDING”). The BUILDING is indentified as
Salem Assessor’s Parcel ID 35-0240-0. For an exact location of the BUILDING, refer
to Attachment, “EXHIBIT A.”
2. During the life of the Agreement, if the COMPANY decides to sell the BUILDING or
the business or to otherwise transfer control of the BUILDING or business and/or
operations thereof, the COMPANY shall give the CITY at least three months written
notice of said sale or transfer. Said notice shall be given by certified mail, return
receipt requested, to the Mayor, City Hall, 93 Washington Street, Salem,
Massachusetts, 01970.
B. THE CITY’S OBLIGATION
1. The CITY shall grant a tax increment financing exemption to the COMPANY in
accordance with Massachusetts General Laws, Chapter 23A, Section 3E, Chapter
40, Section 59, and Chapter 59, Section 5. Said exemption shall be granted on the
improvements to the BUILDING. Said exemption shall be valid for a period of five (5)
years, beginning with Fiscal Year 2018. During each year of this Agreement, the
COMPANY will pay taxes based on the portion of the value of the BUILDING which is
not exempt under this Agreement.
2. The exemption schedule on the value of the BUILDING works as follows: for each of
the five (5) years of this AGREEMENT, the COMPANY will pay taxes on a
percentage of the value of the BUILDING and be granted an exemption of a
per4centatge of the full value of the BUILDING.
FISCAL YEAR EXEMPTION
2018 100%
2019 80%
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2020 60%
2021 40%
2022 20%
C. OTHER CONSIDERATIONS
1. This Tax Increment Financing Agreement shall be binding on all subsequent owners
of the property. The CITY reserves the right to review and negotiate the Tax
Increment Financing Agreement if the business activity ceases to be fully operational
during the life of the Tax Increment Financing Agreement.
2. If the COMPANY decides to expand the BUILDING at any time during the life of the
Tax Increment Financing Agreement, the CITY and the COMPANY may renegotiate
the Tax Increment Financing Agreement to exempt all or part of the expansion from
property taxes. The exact amount of that exemption will be determined at the time of
the expansion.
Executed as sealed instrument on the day and year first above written.
CITY OF SALEM HOTEL SALEM REAL ESTATE HOLDINGS, LLC
______________________ __________________________________________
Kimberley Driscoll, Mayor Rich Cooper, Principal
#631 – ORDINANCE TRAFFIC AND PARKING COMMISSION
Received after the deadline of Tuesday noon and referred to the Committee on
Government Services co-posted with the Committee of the Whole
In the year Two Thousand and Fifteen
An Ordinance to amend an ordinance relative to traffic and parking
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Delete in their entirety the Parking Department Board, Chapter 2, Article VIII,
Division 2 and the Transportation Advisory Commission, Chapter 2, Article IV, Division 12 and
replace with a new Traffic and Parking Commission within Chapter 2, Article IV as follows:
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REGULAR MEETING OF THE CITY COUNCIL
“DIVISION 12. – TRAFFIC AND PARKING COMMISSION
Sec. 2-986. - Created; composition; compensation of members.
The traffic and parking commission is established. Such commission shall consist of seven
members. Four members shall serve ex-officio, the police chief, fire chief, director of public
services and city engineer. The ex-officio members may designate a subordinate member of their
department to serve on the commission. One member shall be nominated by the Chamber of
Commerce for appointment by the mayor and two residents shall be appointed by the mayor, all
three subject to city council confirmation. The members of the commission shall serve without
compensation, but shall be allowed their reasonable and necessary expenses incurred in the
performance of their duties as such members.
Sec. 2-987. - Appointment; term; removal; filling vacancies; organization.
The Mayor shall appoint the initial members, excluding ex-officio members, of the Commission as
follows: one member shall serve for a term of one year; one member shall serve for a term of two
years; and one member shall serve for a term of three years. Thereafter and upon expiration of the
term of each such member, the Mayor shall appoint members of the Commission to succeed such
appointees whose terms expire and each member so appointed shall hold office for a term of three
years. Members shall hold office for specified terms from February 1 next following such
appointment.
Immediately after their appointment, the members of the traffic and parking commission shall meet
and organize by electing one of the members as chairperson and such other officers as may be
necessary. Each officer shall serve for a one year term from February 1 next following such
election.
Sec. 2-988. - Powers, duties and responsibilities generally.
The traffic and parking commission shall be charged with the control, development, management,
operation, and maintenance of all on-street and off-street, automobile parking facilities within the
city or to contract therefor, provided there is compliance with competitive bidding requirements.
Reasonable regulations not inconsistent with the provisions of any statute or ordinance for the
orderly use of off-street parking facilities shall be prescribed by the commission, as well as a
schedule of parking fees and other charges for the use of such facilities with the approval of the
mayor and the city council, whether such facilities are operated by the commission or under
contract therefore. In determining parking fees, the commission shall give consideration to the
needs of the public and merchants to provide parking at the lowest cost possible.
The traffic and parking commission shall also oversee traffic planning and policy development for
the city; implementation of the city's complete streets policy; planning and implementation of any
residential traffic calming initiatives; planning and installation of on and off-street parking and transit
related technology improvements; and implementation of the city’s comprehensive parking plan,
updating it as necessary.
Sec. 2-989. - Limitations.
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Nothing in this division shall be construed as giving the traffic and parking commission power to
supersede the police department in the regulation and enforcement of parking on the city streets.”
Section 2. Amend Chapter 2, Article VIII, by deleting Division 2 in its entirety and renaming
Division 3 as Division 2, renumbering the sections within the newly created Division 2 beginning
with Sec. 2-1396 and further amending the newly created Article VIII, Division 2 by:
a) replacing the term “parking department” with the term “traffic and parking department” as
it appears in this Article;
b) replacing the Appointment term of the Traffic and Parking Executive Director of “one year”
with “two years”; and
c) inserting the following responsibilities of the Executive Director immediately following
Responsibilities (b)(5):
(6) Carry out traffic planning and policy development for the City, including providing
review of all traffic modifications, parking changes, or other similar activities, whether
regulatory or through construction
(7) Assist with implementation of the City's Complete Streets Policy
(8) Oversee Residential Traffic Calming initiatives and other similar traffic programs
(9) Serve as the City lead on major state and local roadway and corridor improvement
projects
(10) Plan, install, and oversee parking and transit related technology improvements
(11) Continue implementation of the existing comprehensive parking plan, updating it as
necessary, including, but not limited to, parking meter control and regulation, resident
parking programs, the creation of new parking, and the improvement or alteration of
existing parking
(12) Staff the Traffic and Parking Commission
Section 3. This Ordinance shall take effect as provided by city charter.
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#632 – HOME RULE PETITION TO ESTABLISH A SALEM HARBOR PORT AUTHORITY
Received after the deadline of Tuesday noon and referred to the Committee on
Government Services co-posted with the Committee of the Whole
Ordered:
That a petition to the General Court, accompanied by a bill for the establishment of the Salem Harbor
Port Authority, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of
Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of
Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or
House of Representatives which conform to intent of this home rule petition:
An Act authorizing the City of Salem to establish the Salem Harbor Port Authority.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
SECTION 1:
The City of Salem is hereby authorized to establish the Salem Harbor Port Authority, hereinafter referred to
as the Authority, which shall consist of the mayor and the ward one city councilor, both ex officio, and three
members to be appointed by the Mayor and confirmed by the City Council of Salem. Appointments to the
authority shall include at least two Salem residents who have one of the following prerequisites, either are
maintain a membership of the Salem Marine Society, hold an advanced degree in Marine Transportation or
Marine Engineering, maintains a membership in a Marine Pilot Association, or equivalent experience and/or
education demonstrating knowledge of port operation or marine transportation.
A majority of the members of the Authority shall constitute a quorum, and the affirmative vote of a majority
of all the members of the Authority shall be necessary to adopt any motion, resolution or binding action.
SECTION 2:
a) The Mayor shall appoint the initial members of the Authority as follows: one member shall serve for a
term of one year; one member for a term of two years; and one member for a term of three years.
Thereafter and upon expiration of the term of each such member, the Mayor shall appoint members of
the Authority to succeed such appointees whose terms expire and each member so appointed shall hold
office for a term of three years. Each appointed member shall hold office until his or her successor is
appointed and qualified. Any member of the Authority shall serve at the pleasure of the Mayor and shall
be removed by the Mayor for misfeasance, malfeasance or neglect of duty. The powers of the Authority
shall be vested in and exercised by these appointed members of the Authority to further the purposes of
this Act in accordance with all applicable law and for the best interests of the people of the City of
233 CITY OF SALEM
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REGULAR MEETING OF THE CITY COUNCIL
Salem, as shall be determined by the Authority. Each appointed member of the Authority before
commencing service shall take an oath before the City Clerk to administer the duties of office faithfully
and in conformance with applicable law.
b) Any vacancy for any reason other than ordinary and usual expiration of term shall be filled by special
appointment of the Mayor as promptly as possible for the remainder of the unexpired term. No less than
thirty (30) days prior to the first meeting of the Authority, the Mayor shall designate the chairperson
whose designation will be maintained for one calendar year from the first meeting. Thereafter and no
less than thirty (30) days prior to the expiration of said designation, a majority of the Authority members
present at meeting of the Authority for which a quorum is in attendance may designate the first and each
subsequent vice-chairperson from the membership. The Mayor shall continue to designate the
chairperson. The members shall also elect a Secretary, Clerk and Treasurer, who may or may not be
voting members of the Authority.
c) Appointed members of the Authority may not designate a representative to vote on their behalf. Any
appointed member who fails to attend three consecutive meeting of the Authority or who fails to attend
fifty percent of all officially scheduled meetings of the Authority held during any calendar year may be
deemed by the Mayor to have resigned from the Authority, at the Mayor’s discretion.
d) No member of the Authority shall be compensated for their membership, beyond reimbursement for
actual and reasonable expenses, if any, incurred in the performance of their duties. Further, ex-officio
members of the Authority may continue to receive any usual and customary compensation arising from
said official position.
e) The Authority, with approval of the Mayor, may appoint and may, subject to contractual obligation,
remove a paid executive director, who may or may not also serve the City of Salem in an additional
professional capacity for additional compensation. The Authority shall establish said executive
director’s contractual obligations and powers, which shall include adhering to the provisions of this Act.
Subject to the supervision and control of the Authority, said executive director shall be the chief
operating officer of the authority. Said executive director shall attend all public meetings of the
Authority but shall have no vote thereon unless said executive director is also an appointed member of
the Authority. Said executive director shall have the authority to hire and terminate additional staff and
consultants, within a budget approved by the Authority. The duration of any executive director
employment contract shall not exceed three years but may be extended any number of times.
SECTION 3:
The Salem Harbor Port Authority shall have the duty, power and authority generally to coordinate port
development within Salem Harbor and related lands as said geographic area is defined in Section 4 of this
Act (the “Harbor Port Area”) and shall cause to be made plans for the development and operation of said
Harbor Port Area with a focus on enhancing private and public revenues and investments, pursuit of and
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readiness to obtain or receive private and public funds for any and all port infrastructure improvements,
including but not limited to dredging, to increase the operational and economic capacity of said Harbor Port
Area all for the benefit primarily of the public interest of the City of Salem. The Authority shall be granted
and may delegate operational control of any and all land, piers, docks, and other structures and facilities now
owned or operated by the City or conveyed to the City, in whole or in part such as by deed, easement, license
or shared operational controls, in the Harbor Port Area. Notwithstanding the foregoing, to the extent
necessary to comply with applicable law or contract, such as but not limited to any pending inter-
governmental agreements or bonding obligations of the City of Salem, existing management of land, piers,
docks, and other structures described in Section 4 shall remain in effect until such time as any legal or
contractual obligations for their management expires or otherwise ceases to remain in effect. During any
such period, to the maximum extent legally feasible, operational control shall be delegated to the Authority.
Further, if the Authority shall deem necessary or appropriate, it shall coordinate the planning and funding of
capital projects and operational and fee agreements promoting the efficient development and operation of the
Harbor Port Area including, but not limited to:
1. Develop organizational and management structures that will best accomplish the purposes of the
Authority;
2. Employ assistants, agents, contractors, consultants and employees as may be deemed necessary or
desirable by the Authority to undertake its duties and responsibilities;
3. Receive and accept aid or contributions, from any source, of money, property, labor or other things of
value, to be held, used and applied to carry out the duties, powers and authorities of this Act.
Notwithstanding any special or general law to the contrary, the Authority may receive donated
money, property, labor or other things of value without competitive public bid for such donation; and
4. Invest in, acquire, lease, purchase, own, manage, hold and dispose of real property interests including
but not limited to, interests in the land, piers, docks, and other structures in the Harbor Port Area.
Any such real property interests remain subject to all applicable state, local and federal laws, except
as specified herein. In no event shall property interests acquired or held by the Authority be deemed
subject to Article 97 of the Massachusetts Constitution, so long as said real property interest is used
by or on behalf of the Authority primarily for the purposes of the Authority.
With the approval of the Mayor and City Council, to further the purposes of this Act, the Authority may
take by eminent domain any land or interest in land within the Harbor Port Area. The price paid for any
such land or interest in land shall not exceed fair market value as reasonably determined by the Authority
at the time of such taking. All proceedings in the taking of land shall be under the advice of the City
Solicitor of the City of Salem, and a record thereof shall be kept by said Solicitor.
SECTION 4:
The Harbor Port Area shall include, but not be limited to the land and appurtenances at 10 Blaney Street,
Salem, the buildings and improvements thereon and the Salem Ferry, Nathaniel Bowditch.
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SECTION 5:
The operations of the Authority shall be conducted in a manner to promote and encourage the use of the
Harbor to the fullest extent possible in an environmentally and economically sustainable manner and
pursuant to this Act, the Authority:
1. Shall procure insurance against any liability or loss in connection with its property interests and other
assets or obligations, in such amounts and from such insurers as it deems necessary or appropriate
and to procure insurance for employees and Authority members as it deems necessary or appropriate;
The Authority shall at all times maintain adequate and reasonable insurance for its members and any
agents hired by or acting on behalf of the Authority, as well as adequate and reasonable property and
liability insurance;
2. May borrow money or secure credit on a temporary, short-term, or interim or long-term basis. Subject
to its usual and applicable authority, the City of Salem may also borrow and issue bonds or notes of
the city for the purposes of the Authority in addition to the purposes specified in MGL Chapter 44,
Section 7;
3. May sue and be sued in its own name, and plead and be impleaded, but notwithstanding any special
or general law to the contrary, shall not be liable for punitive damages; and
4. Make and enter into contracts and agreements necessary or incidental to the performance of its duties
and the execution of the powers granted by this Act, including, but not limited to the granting of
leasehold interests, concessions, access and development rights and privileges, supplier, vendor,
contractor and consultant contracts.
SECTION 6:
In the event there is an excess of Authority income received over current expenses and liabilities, all such
amounts shall be retained by the Authority for execution of the purposes stated in this Act, including but not
limited to maintaining reserves or enhancement of credit worthiness, and shall not be diverted to other funds
or purposes outside this Act. Excess of income received over current expenses and liabilities shall be
determined at least annually, with a certified public audit at least every three years.
SECTION 7:
The Authority shall be a public instrumentality for purpose of this Act, shall have an official seal and may
alter the same at its pleasure.
SECTION 8:
The Authority may apply for, receive, accept and spend any federal or state agency grants or loans for, or in
aid of, its purposes, including but not limited to public works. The Authority may receive and accept
contributions from any source, of money, property, labor or any other thing of value, to be held, used and
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applied only for the purposes of this Act, and may do all acts and things necessary or convenient to carry out
the powers granted or implied by this act.
SECTION 9:
This act shall take effect upon its enactment.
#633 – CITY OF SALEM JOINING THE AARP’S AGE-FRIENDLY NETWORK
Mayor requesting an opportunity to address the City Council with a representative of AARP
to help celebrate the City of Salem joining the AARP’s Age-Friendly network. During the
presentation the City will be presented a certificate making this special occasion, was taken up
earlier and received and placed on file.
#634 – ORDINANCE TRAFFIC RESIDENT STICKER PARKING SUMMIT AVENUE
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 75 “ Parking Prohibitions Towing Zone (Resident Sticker)” is
herby amendend by adding the following:
Summit Street, both sides between Ocean Avenue and Willow Avenue, Zone E, Color
Orange, Resident Sticker Parking only at all times.
Section 2. This Ordinance shall take effect as provided by City Charter.
#635 – ORDINANCE TRAFFIC PARKING PROHIBITED CERTAIN TIMES REPEAL OCEAN
AVENUE
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
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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 51B “Parking Prohibited at certain times on certain streets” is
hereby amended by repealing the following:
Repeal Ocean Avenue, southerly side, beginning at the intersection of Lafayette Street and
running in an easterly directions for a distance of 100 feet, 2 hour parking. (11/18/76)
Section 2. Repeal Ocean Avenue, southerly side, extending 100 feet from Lafayette Street,
2 hour parking (10/5/76)
Amend by adding the following:
Section 3. Chapter 42, Section 51B, Parking Certain Times on Certain Streets is hereby
amended by adding the following:
Ocean Avenue, southerly side, beginning at Lafayette Street and running in an easterly
direction for one hundred fifty-eight (158) feet, two (2) hour parking.
Section 4. Chapter 42, Section 51B, Parking Certain Streets is hereby amended by adding
the following:
Ocean Avenue, from Lafayette Street to the westerly property line of #39 Ocean
Avenue, total distance one hundred fifty-eight (158) feet.
Section 5. This Ordinance shall take effect as provided by City Charter.
#636 – MONTHLY FINANCIAL REPORT
Councillor Turiel introduced the following Order, which was adopted.
ORDERED: Monthly Financial Report dated September 30, 2015, be referred to the
Committee on Administration and Finance.
#637 – YEAR TO DATE BUDGET REPORT
Councillor Turiel introduced the following Order which was adopted.
ORDERED: Year to Date Budget Report for the months of July, August and September
2015, be referred to the Committee on Administration and Finance.
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#638 – RESOLUTION LOYAL ORDER OF MOOSE LODGE #218
Councillor Milo introduced the following Resolution which was adopted.
RESOLUTION:
WHEREAS: the Loyal Order of Salem Moose Lodge 218 is located in Salem Massachusetts and
the roots of the first lodge can be traced back to 1888; and,
WHEREAS: the Loyal Order of Moose is founded on the philosophy that “A burden heavy to one
is borne lightly by many”;
WHEREAS: Whereas the Loyal Order of Salem Moose Lodge has made significant contributions
to our city’s social and cultural growth and will continue as a center for humanitarian
ideals
WHEREAS: the Loyal Order of Salem Moose Lodge has been instrumental in bringing events that
directly benefit our older citizens to fruition, including collaborating with the Friends of
the Council on Aging and the Salem Council on Aging to host and sponsor dinners,
dances and informational meetings
WHEREAS: the Loyal Order of Salem Moose Lodge continues to open its doors to community
groups like the Mack Park Neighborhood Association for its monthly meetings and to
the community at large for community meetings, political debates and forums – all for
no cost to the community groups.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Salem hereby thanks
the Loyal Order of Salem Moose Lodge for its significant contributions to our older citizens, to
Salem, and to the public welfare.
AND FURTHER BE IT RESOLVED that the City Council make this resolution a matter of record of
these proceedings and that a suitable copy be presented to the Loyal Order of Salem Moose
Lodge along with a copy of the City Seal as a token of our deep respect and gratitude.
#639 – MEET TO DISCUSS CITY-WIDE MASTER PLAN
Councillor Legault introduced the following Order which was adopted.
ORDERED: The Committee on Community and Economic Development meet in order to
discuss the current and future use of the existing City-Wide Master Plan as it applies to both
current and future growth and development in Salem, and whether or not a new and more
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REGULAR MEETING OF THE CITY COUNCIL
comprehensive City-Wide Master Plan should be developed. Invited are the Mayor or her
designee, City Planner and City Solicitor.
#640 – MEET TO DISCUSS THE SUNSHINE ORDINANCE
Councillor Legault introduced the following Order which was adopted.
ORDERED: The Committee on Government Services co-posted with Committee of the
Whole meet in order to discuss the Sunshine Ordinance and its use as it applies to public meeting
notices. Invited are the City Solicitor and Jim Kearney.
#641 – NOISE GENERATED FROM LOUD MOTORCYCLE EXHAUST PIPES
Councillor Legault introduced the following Order which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment co-posted with
Committee of the Whole meet to discuss the impact of noise generated from loud (illegal)
motorcycle exhaust pipes. Included in this discussion will be current efforts to enforce local laws
and any future steps to be considered. Invited are the Mayor or her designee, City Solicitor, Chief
of Police or her designee, Jeanne Kempthorne and Health Agent.
#642 – (#616) 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 license be
granted.
TAG DAY Marine JROTC, December 11, 2015, January 2, 2016 & February 13, 2016
#643 – (#596) APPROPRIATION FOR REPAIR WATER FOUNTAINS
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.
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REGULAR MEETING OF THE CITY COUNCIL
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of an appropriation in the amount of $26,242.00 from Capital
Outlay Renovation and Repair account to be expended for the repair of public water fountains, has
considered said matter and would recommend approval.
#644 – (#597) APPROPRIATION FOR RENOVATION & REPAIR OF WATER FOUNTAINS
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 the Committee of the Whole
to whom was referred the matter of an appropriation in the total amount of $8,758.00 to Golf
Renovation & Repair ($4,379.00) and Recreation Renovation & Repair ($4,379.00) has considered
said matter and would recommend approval.
#645 – BLOCK PARTY ORCHARD TERRACE
A request from residents of Orchard Terrace to hold a Block Party on Friday, October 30,
2015 from 5:00 P.M. to 10:00 P.M. was granted.
#646 – REQUEST FOR PUBLIC HEARING
A request from Francis Riggieri to hold a public hearing to discuss issues regarding the
proposed development plans at the current property located at 331-333 Lafayette Street, was
referred to the Committee of the Whole.
#647 - #648 LICENSE APPLICATIONS
The following license applications were granted.
TAXICAB: Tri City Services, Inc. 55 R Walnut St., Peabody (4 Taxis)
TAXI OPERATORS: Joany Perez-Alicea, 33 Franklin St., Salem
Oscar Gutierrez, 34 Prince St., Salem
Israel Anderson Pool, 50 Warren St., Peabody
Randely Lora, 132 Common St., Lynn
Mateo Calderon, 6 Grant St., Beverly
Yorski Ducos, 33 Harbor St., Salem
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REGULAR MEETING OF THE CITY COUNCIL
TAXI OPERATORS Jorge Guerrero, 50 Palmer St., Salem
CONTINUED Jason Sheets, 8 ½ Allen St., Saoem
Mariah Salah, 7 Stone Ct., Gloucester
#649 - CLAIMS
The following claim was referred to the Committee on Ordinances, Licenses and Legal
Affairs.
CLAIM James Nyhan, 171 North St., Salem
#650 – BONDS
The following bond was referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
CONSTABLE: Luis Adriano Polanco, 60 Pleasant St., Lawrence
(#21) – SECOND PASSAGE ORDINANCE – COMPENSATION OF MEMBERS OF THE CITY
COUNCIL
The matter of second passage of an Ordinance amending Chapter 2, Section 2-271,
Compensation of members of the Council, was then taken up. It was adopted for second and final
passage.
(#467) – SECOND PASSAGE ORDINANCE TRAFFIC SCHEDULE OF FINES
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 17A
Schedule of Fines during the month of October for parking in resident parking zones, was then
taken up. It was adopted for second and final passage.
(#603) – SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING BEAVER STREET
The matter of second passage of an Ordinance amending Traffic Chapter 42, Section 50B
“Handicap Parking Limited Time” Beaver Street, was then taken up. It was adopted for second and
final passage.
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REGULAR MEETING OF THE CITY COUNCIL
(#604) – SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING CABOT STREET
The matter of second passage of an Ordinance amending Traffic Chapter 42, Section 50B
“Handicap Parking Limited Time” Cabot Street, was then taken up. It was adopted for second and
final passage.
On the motion of Councillor Furey the meeting adjourned at 8:00 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK