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MINUTES - Regular - 11/12/2015 243 CITY OF SALEM NOVEMBER 12, 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, November 12, 2015 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on November 10, 2015. This meeting is being taped and is live on S.A.T.V. All Councillors were present. Council President Sargent presided. Councillor Siegel 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. Cynthia M. Johnson – 13 River Street, Salem – Universal Steel 2. Jim Kearney – 1 ½ Cambridge Street, Salem – Universal Steel 3. Jennifer Firth – Historic Salem Inc. – 3 Carpenter Street, Salem – Universal Steel 4. Charles Von Bruns – 3 River Street, Salem – Universal Steel 5. Tim Jenkins – 18 Broad Street, Salem – Universal Steel, Traffic & Parking Commission, Mary Jane Lee Park 6. Teasie Riley Goggin – 9 Wisteria Street, Salem – Parking Commission 7. Josiah Fisk – 358 Essex Street, Salem – Universal Steel 244 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL 8. Jane Curtis Arlander – 93 Federal Street, Salem – Universal Steel 9. Jane Stauffer - 28 Beckford Street, Salem – Universal Steel 10. George Sands – 410 Jefferson Avenue, Salem – DPW Trucks #651 – COMMUNICATION FROM THE MAYOR RELATIVE TO THE TAX RATE A communication from the Mayor relative to setting the Tax Rate for Fiscal Year 2016 was received and placed on file. A public hearing on the issue of allocating the local property tax levy among the four (4) property classes for Fiscal Year 2016, and the residential, open space and small commercial exemptions was held. President Sargent turned the Public Hearing over to the Assessor Deborah Jackson and the Board of Assessors. Deborah Jackson Assessor – stated that present were the Finance Director Sarah Stanton, Mayor Kimberley Driscoll, the Board of Assessors Richard Jagolta, Damien Johnson, Robert Millerick, and from the Assessors office Jim Bond and Stephen Cortes and DeLinda Dell’Orfano. Ms. Jackson went over key tax terms. She stated that Salem taxes raised FY-2016 that the Tax Levy for Fiscal Year 2016 is $5,347,742 less than last year’s limit which was $86,548,205.00. She gave a power point presentation to show how they arrive at the figures. There were 867 sales in Calendar year 2014. 351 were Condos 237 were single family homes 176 were multi family homes 59 were commercial/industrial properties The average single family bill increase $276.00 that’s an increase of $159.00 Multi Family increase is $191.00 the average value is $345,600.00 Assessed Value History 2000 – 2016, residential has gone up. We are recommending 1.65% or .874987 Councillor Legault asked why do we have so many properties assessed below the average. Ms. Jackson said it is the average in Salem 245 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL Councillor Siegel asked about the assessed value, when was the last time they were assessed. Ms. Jackson responded every year. Every 3 years the state comes in. The sales determine the values going up. Councillor Siegel asked so the recommendation is to keep the same percentage as last year. Sarah Stanton Finance Director stated the average not medium is what it’s based on. The hearing was opened to the public. Teasie Riley Goggin – 9 Wisteria Street asked are values going up. Ms. Jackson stated its mandated by the State the sales are what we look at and take the average. Councillor Turiel moved that the hearing be closed. It was so voted. #652 – REAPPOINTMENT OF GAIL GAMBARINI TO CONSERVATION COMMISSION The Mayor’s reappointment of Gail Gambarini to serve as a member of the Conservation Commission with a term to expire on November 12, 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. #653 – REAPPOINTMENT OF JOHN RUSSEL AND ALICE WILLIAMS TO COUNCIL ON AGING The Mayor’s reappointment of John Russell and Alice Williams to serve as members of the Council on Aging with their terms to expire on November 12, 2018, was confirmed 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. #654 – REAPPOINTMENT OF RICK LEE TO THE LICENSING BOARD The Mayor’s reappointment of Rick Lee to serve as a member of the Licensing Board with a term to expire on December 3, 2021, was confirmed 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. 246 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL #655 – REAPPOINTMENT OF JEFFREY BARZ-SNELL, JOHN HAYES & RICK NYE TO RENEWABLE ENERGY TASK FORCE The Mayor’s reappointment of Jeffrey Barz-Snell, John Hayes, Rick Nye to serve as members of the Renewable Energy Task Force with their terms to expire on December 3, 2018, was confirmed 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. #656 – CONSTABLE The Mayor’s reappointment of Christopher Burke to serve as a Constable with the term to expire on November 28, 2018, was received and placed on file. #657 – APPROPRIATION TO REDUCE GROSS AMOUNT TO BE RAISED BY TAXATION The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of One Million, Seven Hundred Thousand Dollars ($1,700,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to reduce the gross amount to be raised by taxation when FY2016 tax rate is set in accordance with the recommendation of Her Honor the Mayor. #658 – APPROPRIATION TO SPECIAL REVENUE FUNDS The following Order recommended by the Mayor was adopted under suspension of the rules 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 sum of One Million, Four Hundred and Sixty-Two Thousand, Three Hundred and Ninety-Five Dollars and Fifteen Cents ($1,462,395.15) is hereby appropriated from General Fund Balance Reserved – Free Cash” account to the following special revenue funds. The amount of free cash to be transferred in per the City’s Financial Policies and in accordance with the recommendation of Her Honor the Mayor. Stabilization Fund 20% $649,953.40 Capital Improvement Fund 20% $649,953.40 247 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL Other Post Employ Benefits 5% $162,488.35 (OPEB) TOTAL $1,462,395.15 #659 – APPROPRIATION TO REDUCE THE GROSS AMOUNT TO BE RAISED BY TAXATION The following Order recommended by the Mayor was adopted under suspension of the rules by roll call vote of 9 yeas, 1 nay, 0 absent. Councillors Turiel, Siegel, Milo, McCarthy, Gerard, Furey, Famico, Eppley and Sargent were recorded as voting in the affirmative. Councillor Legault was recorded as voting in the negative. ORDERED: That the sum of One Million, One Hundred Sixteen Thousand, Three Hundred and Forty-Seven Dollars ($1,116,347.00) is hereby appropriated from the following “Receipts Reserved for Appropriation” accounts to reduce the gross amount to be raised by taxation when Fiscal Year 2016 tax rate is set in accordance with the recommendation of Her Honor the Mayor. Receipt Reserved – Witch House $206,347.00 R/Reserved-Golf Course-WI $660,000.00 Receipts Reserved-Harbormaster $250,000.00 $1,116,347.00 #660 – APPROPRIATION TO RETIREMENT STABILIZATION FUND – VACATION / SICK LEAVE BUYBACK The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Sixty-Four Thousand, Six Hundred and Sixty-Nine Dollars and Sixty Cents ($64,669.60) in the “Retirement Stabilization Fund – Vacation/sick leave buyback” account to be expended for Fiscal Year 2016 contractual buyback listed below in accordance with the recommendation of Her Honor the Mayor: Gail Doherty School Dept. $33,334.40 Joyce Harrington School Dept. $31,335.20 Total $64,669.60 248 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL #661 – APPROPRIATION TO PLANNING – CONTRACTED SERVICES The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Forty-One Thousand, One Hundred and Fifty Dollars ($41,150.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Planning – Contracted Services” account in accordance with the recommendation of Her Honor the Mayor. #662 – APPROPRIATION TO LAFAYETTE STREET BIKE LANE PROJECT The following Order was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated within the “Capital Outlay – Renovations & Repairs” account to be expended for Lafayette Street Bike Lane Project by the Engineering Department in accordance with the recommendation of Her Honor the Mayor. #663 – APPROPRIATION TO CEMETERY – BURIAL ACCOUNT The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated from the “Receipts Reserved – Sale of Lots” account to the “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor. #664 – APPROPRIATION TO RETIREMENT STABILIZATION FUND – VACATION / SICK LEAVE BUYBACK The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Twenty-Five Thousand Dollars ($25,000.00) is hereby appropriated from the “Retirement Stabilization Fund – Vacation/ Sick leave Buyback” account to be expended for negotiated sick leave buyback provision as needed in accordance with the recommendation of Her Honor the Mayor. 249 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL #665 – APPROPRIATION TO CEMETERY – BURIAL ACCOUNT The following Order recommended by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand Dollars ($6,000.00) is hereby appropriated from the “Receipts Reserved – Sale of Vaults” to “Cemetery – Burial” account in accordance with the recommendation of Her Honor the Mayor. #666 – RESOLUTION TO FILE AND ACCEPT GRANTS FOR MARY JANE LEE PARK The following Order recommended by the Mayor was adopted. A RESOLUTION TO FILE AND ACCEPT GRANTS WITH AND FROM THE COMMONWEALTH OF MASSACHUSETTS, EXECUTIVE OFFICE3 OF ENERGY AND ENVIRONMENTAL AFFAIRS FOR THE PARC PROGRAM FOR IMPROVEMENTS TO MARY JANE LEE PARK. Whereas: Mary Jane Lee Park is by and for a community wide asset and the preservation and improvements to this facility are a City priority as evidenced in the most recent Open Space and Recreation Plan; and Whereas: The Mary Jane Lee Park renovation will greatly enhance this facility with an expanded irrigated lawn area, new rubber play surfacing, select replacement of play equipment, additional trees and other plantings an upgraded basketball court, a new shade pavilion, and improved circulation paths, etc; Whereas: This overall cost and fiscal budget constraints prevented the City from proceeding forward with implementation of the project; and Whereas: The project was instead viewed as feasible only when fiscal resources were available, with the intention of securing grant funding, when and if available, to assist in this effort; and Whereas: The Executive Office of Energy and Environmental Affairs (EOEEA) is offering reimbursable grants to cities and towns to support the preservation and restoration of urban parks through the PARC Program, Chapter 933 Acts of 1977, as amended; and Whereas: The project will cost a total of $606,393.24. NOW, THEREFORE, BE IT RESOLVED 250 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL 1. That the Mayor be and is hereby authorized to file and accept grants from the Executive Office of Energy and Environmental Affairs; and 2. That the Council hereby appropriates $606,393.24 to implement the project, to be reimbursed up to a maximum amount of $400,000.00 by the Executive Office of Energy; and 3. That the Mayor be and is hereby authorized to take such other actions as are necessary to carry out the terms, purposes, and conditions of this grant to be administered by the Department of Planning and Community Development; and 4. That Mary Jane Lee Park is dedicated to park purposes under M.G.L. Chapter 45, Section 3; and 5. That this resolution shall take effect upon the awarding of said PARC Grant and be null and void in the event no grant is awarded. #667 – ACCEPT ACTS OF 1986, SECTION 4 CHAPTER 73 FOR ADDITIONAL TAX EXEMPTIONS The following Order recommended by the Mayor was adopted. ORDERED: that the Mayor and City Council accept the provisions of Section 4, Chapter 73, Acts of 1986 for Fiscal Year 2016, and that such additional exemptions granted be 100% of the statutory exemption amounts, provided all other qualification specified in Section 4, Ch. 73 of the Acts of 1986 are met. #668 – PARKING TICKET AMNESTY PROGRAM The following Order recommended by the Mayor was adopted. ORDERED: Upon payment of an unpaid parking fine and the donation of two non- perishable items or canned goods to be donated to local food pantries, the City Collector shall waive, from December 1, 2015 to December 23, 2015, up to thirty dollars in late fees added to an unpaid parking fine, as provided in Section 17A of the City of Salem Traffic Code. The Collector shall not waive any surcharge imposed by the Massachusetts Registry of Motor Vehicles if the Collector has notified the Registry of Motor Vehicles of an unpaid fine and a non-renewal of license and/or registration has been recorded by the Registry of Motor Vehicles. #669 – REDEVELOPMENT OF UNIVERSAL STEEL PROPERTY ON BRIDGE STREET A communication from the Mayor was received and filed. Honorable Salem City Council Salem City Hall 251 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL Salem, MA 01970 Ladies and Gentlemen of the City Council: I write to recommend Council action in order to enable the redevelopment of the former Universal Steel property from a vacant, underutilized parcel to a tax-producing commercial property and enable a local business to stay and grow in Salem. As you are aware, the City initiated and coordinated a major cleanup of the Universal Steel Site with funding from the federal Environmental Protection Agency (EPA) and the State Department of Environmental Protection (DEP). In addition, funding was provided by Mass Development through a successful grant application to demolish existing buildings and pave the site for interim use as a parking lot and eventual redevelopment. It is a win-win situation for the City and F.W. Webb, a long time business located in the City of Salem adjacent to this site, as Webb seeks to provide additional services through adding a showroom to its facility. The five required Council actions are as follows: 1. Declare Lot 1 and Parcel B, comprising the former Universal Steel property as shown on the attached plan, as surplus to the needs of the City. 2. Hold a public hearing and vote to discontinue the portion of Beckford Way as shown on the attached plan as Parcel A, subject to the placing of a utility easement on this parcel. 3. Authorize the Mayor to enter into a Land Disposition Agreement with Sun King, LLC, an affiliate of F.W. Webb Company and to convey a portion of 297-305 Bridge Street (Lot 1) and the discontinued portion of Beckford Way (Parcel A) for the sum of $990,000. 4. Authorize the Mayor to sell Parcel B to Sun King, LLC for the sum of $10,001 subject to the placing of a pedestrian and vehicular access easement on this parcel. 5. Rezone four parcels of land from R-2 Residential Two-family to B-4 Business in order to allow F.W. Webb Company to redevelop the site into a warehouse, showroom, and office. The four parcels consist of two parcels formerly part of Universal Steel. (Lot1 and Parcel B on the Plan), a portion of Beckford Way (Parcel A), and the former Alpha Auto site, 311 Bridge Street. In accordance with the City’s Ordinance, the City Council must hold a public hearing to solicit public input regarding the proposed sale a minimum of 30 days in advance of the vote to sell. For a rezoning, the City Council must hold a joint public hearing with the Planning Board that needs to be advertised 14 days prior to the hearing with first and second passage required. A public hearing is also required for the Council to vote to discontinue a portion of Beckford Way that will become part of the development site. The following are enclosed with this letter: 1. Order for Declaration of Surplus 252 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL 2. Two Orders to authorize the Mayor to dispose of two parcels of real property 3. Order to discontinue a portion of Beckford Way 4. Ordinance for rezoning 5. Plan of Land that identifies the City-owned parcels 6. Survey plan showing 311 Bridge Street (former Alpha Auto) I look forward to your timely support to complete the process to eliminate a formerly blighted, contaminated site into a revenue producing property that is an asset for Salem residents and taxpayers. Please contact me if you have questions. Sincerely, Kimberley Driscoll, Mayor #670 – DECLARE LOTS SURPLUS FORMER UNIVERSAL STEEL The following Order recommended by the Mayor was referred to the Committee of the Whole. ORDERED: Be it Ordered that Lot 1 containing approximately 52,491 square feet and Parcel B, containing approximately 1,260 square feet, both comprising the former Universal Steel property, and Parcel A, containing approximately 2035 square feet, all as shown on attached “Plan of Land 297-305 Bridge Street” be declared surplus property so that the parcels may be sold in accordance with Massachusetts General Law Chapter 30B and the City of Salem Code of Ordinance. Be it further Ordered that the surplus designation is conditional upon the placing of a permanent utility easement on Parcel A. #671 – DISCONTINUANCE OF BECKFORD WAY The following Order recommended by the Mayor was referred to the Committee of the Whole. CITY OF SALEM DISCONTINUANCE OF A STREET Whereas, in the opinion of the City Council the public necessity and convenience require that a portion of a public street or way to be called Beckford Way should be discontinued as a 253 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL highway of the city from a railroad spike set on Bridge Street 15’ in a N 62°52’00” E direction, then 105.75’ in a N 02°11’4” W direction to an iron rod set, then 32.50’ in a W 00°56’20” W direction to an iron rod set, then 15.09’ in S 87°46’31” W direction to an iron rod set, then 7.99’ in a N 02°13’29” W direction to an iron pipe, then 123.51’ in a N 01°34’47” W direction back to the railroad spike set, as shown as Parcel A on a plan entitled “Plan of Land 297-305 Bridge Street, Salem, MA” prepared by North Shore Survey Corp., dated May 16, 2015, it is therefore hereby Ordered, that due notice be given to list of abutters as shown on map for this discontinuance is attached hereto and all others interested, that the City Council intend to discontinue the highway before mentioned, and to take therefor a portion of their land and to lay out the same as a highway of said city; and that ____________the_________day of__________ 20_______, at________o’clock P.M. at city hall, Salem, is appointed as the time and place for a public hearing in the matter. Ordered and Decreed that the portion of Beckford Way shown as Parcel A on the plan entitled “Plan of Land 297-305 Bridge Street, Salem, MA” prepared by North Shore Survey Corp. dated May 16, 2015, on file in the office of the City Clerk, is hereby discontinued. Said discontinuance is a portion of an Old Town Way not improved or maintained by the City of Salem. We have considered and estimated the damages sustained to property and persons by the discontinuance of a portion of Beckford Way, as shown as Parcel A on the Plan, and we determine and award the same as follows: Given under our hands this __________day of ___________2015. 254 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL #672 – LAND DISPOSITION AGREEMENT WITH SUN KING LLC The following Order recommended by the Mayor was referred to the Committee of the Whole. ORDERED: Be it Ordered that the Mayor is hereby authorized to enter into a Land Disposition Agreement with Sun King LLC, an affiliate of F.W. Webb Company, and to convey a portion of 297 Bridge Street (former Universal Steel Site) of approximately 52,491 square feet as shown on attached “Plan of Land 297-305 Bridge Street”, prepared by North Shore Survey Corporation, and dated May 18, 2015 as Lot 1; and a second parcel located between 297 and 311 Bridge Street of approximately 2,035 feet as shown on said Plan of Land as Parcel A, which includes a permanent utility easement, for the sum of Nine Hundred Ninety Thousand Dollars ($990,000.00). The parcels shall be conveyed in accordance with Massachusetts General Law Chapter 30B and the City of Salem Code of Ordinances. #673 – CONVEY PORTION OF 297 BRIDGE ST TO SUN KING LLC The following Order recommended by the Mayor was referred to the Committee of the Whole. ORDERED: Be it Ordered that the Mayor is hereby authorized to convey a portion of 297 Bridge Street (former Universal Steel site) of approximately 1,260 square feet as shown as Parcel B on attached “Plan of Land 297-305 Bridge Street”, prepared by North Shore Survey Corporation, and dated May 18, 2015 to Sun King, LLC, an affiliate of F.W. Webb Company, with a permanent pedestrian and vehicular access on the entire parcel for the benefit of 30-32 Beckford Street for the sum of Ten Thousand and One Dollar ($10,001.00). The parcels shall be conveyed in accordance with Massachusetts General Laws Chapter 30B and the City of Salem Code of Ordinances. #674 – ORDINANCE AMENDING ZONING MAP FOR 297-305 BRIDGE ST. AND 311 BRIDGE ST. FROM R-2 TO B-4 The following Order recommended by the Mayor was referred to the Committee of the Whole. In the year two thousand and fifteen An Ordinance to amend an ordinance relative to a Zoning Map change 255 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL Be it ordained by the City Council of the City of Salem, as follows: Section 1. that the parcel of real property situated at 297-305 Bridge Street (former Universal Steel site) of approximately 52,491 square feet as shown on attached “Plan of Land 297- 305 Bridge Street”, prepared by North Shore Survey Corporation, and dated May 18, 2015 as Lot 1; a second parcel located between 297 and 311 Bridge Street of approximately 2,035 feet as shown as Parcel A on said “Plan of Land”; a third parcel of approximately 1,260 square feet shown as Parcel B on said “Plan of Land” and 311 Bridge Street (former Alpha Auto site), Assessor Map 26 Parcel 0618, currently zoned R-2 Residential Two-Family, be rezoned to B-4 Business Wholesale and Automotive. Section 2. This Ordinance shall take effect as provided by City Charter. #675 – RESIDENTIAL FACTOR Councillor Turiel introduced the following Order which was adopted by a 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. ORDERED: That the City of Salem adopt a Residential Factor of .874987 for fiscal year 2016. #676 – OPEN SPACE EXEMPTION Councillor Turiel introduced the following Order which was adopted by a 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. ORDERED: That the City of Salem NOT adopt an Open Space Exemption for fiscal year 2016. #677 – RESIDENTIAL EXEMPTION Councillor Turiel introduced the following Order which was adopted by a 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. ORDERED: That the City of Salem NOT adopt a Residential Exemption for fiscal year 2016. 256 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL #678 – SMALL COMMERCIAL EXEMPTION Councillor Turiel introduced the following Order which was adopted by a 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. ORDERED: That the City of Salem NOT adopt a Small Commercial Exemption for fiscal year 2016. #679- ORDINANCE AMENDING TRAFFIC RESIDENT STICKER PARKING GIFFORD COURT Councillor Famico 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 Prohibition Towing Zone (Resident Sticker)” is hereby amended by adding the following: Gifford Court, northerly side, Zone C, Color Green, Resident Sticker Parking only tow zone. Section 2. This ordinance shall take effect as provided by City Charter. #680 – ORDINANCE AMENDING TRAFFIC TOW ZONE, GIFFORD COURT Councillor Famico 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 74, “General Prohibition towing” is hereby amended by adding the following: Gifford Court, southerly side, “No Parking, Tow Zone” Section 2. This ordinance shall take effect as provided by City Charter. 257 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL #681 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, NORMAN STREET Councillor Siegel 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 “Handicap Parking Limited Time” is hereby amended by adding the following: Norman Street, in front of #24 for a distance of twenty (20) feet, “Handicap Parking Tow Zone” Section 2. This ordinance shall take effect as provided by City Charter #682 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING REPEAL 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, “Handicap Parking Limited Time” is hereby amended by repealing the following: REPEAL Cabot Street in front of #33 for a distance of twenty (20) feet. “Handicap Parking Tow Zone” Section 2. This ordinance shall take effect as provided by City Charter 258 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL #683 – LATE FILES BE HELD OVER UNTIL THE NEXT CITY COUNCIL MEETING Councillor Sargent introduced the following Order which was adopted. ORDERED: That all late files be held over until the next City Council meeting unless a simple majority vote of the City Council rules that the file is an emergency. #684 – (#632) HOLD PUBLIC HEARING ON SALEM HARBOR PORT AUTHORITY Councillor Sargent introduced the following Order which was not passed by a roll call vote of 2 yeas, 8 nays, 0 absent. Councillors Siegel and Sargent were recorded as voting in the affirmative. Councillors Turiel, Milo, McCarthy, Legault, Gerard, Furey, Famico and Eppley were recorded as voting in the negative. ORDERED: That the City Council hold a public hearing on the Council Order #632 concerning the creation of a Salem Harbor Port Authority. #685 – (#631) HOLD PUBLIC HEARING ON THE CREATION OF A PARKING COMMISSION Councillor Sargent introduced the following Order which was referred to the Committee on Government Services co-posted with Committee of the Whole. ORDERED: That the City Council hold a public hearing on the Council Order #631 concerning the creation of a Parking Commission. #686 – ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING PHELPS STREET Councillor Siegel and 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: 259 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL Section 1. Chapter 42, Section 50B, “Handicap Parking Limited Time” is hereby amended by adding the following: Phelps Street, in front of #10 for a distance of twenty (20) feet, “Handicap Parking, Tow Zone” Section 2. This ordinance shall take effect as provided by City Charter #687 – COUNCIL RULE SECTION 30, COMMITTEES GENERALLY Received after the deadline of Tuesday noon. Councillor Milo introduced the following Order which was referred to the Committee of the Whole. ORDERED: that the City Council Committee of the Whole meet to consider the following amendment to the Rules of the City Council, as they appear in Appendix C of the Code of Ordinances: SECTION 30 – COMMITTEES, GENERALLY. There shall be appointed standing committees as follows, all committees to consist of fiver (5) councilors, except for special or ad-hoc committees. 1. Administration, Finance, Community and Economic Development 2. Ordinances, Licenses and Legal Affairs. 3. Government Services. 4. Public Health, Safety and Environment Each Councillor shall serve on a minimum of one (1) committee. #688 – (#378) HOME RULE PETITION FOR LIQUOR LICENSE FOR VESUVIUS 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. 260 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a Home Rule Petition to grant one additional annual license for the sale of wine and malt beverages to be drunk on the premises for Vesuvios Corp., 2 Paradise Road, has considered said matter and would recommend approval with condition that a letter be sent to the Licensing Board to restrict hours to 11:00 P.M. #689 – (#629) RESOLUTION FOR A T.I.F. WITH HOTEL SALEM REAL ESTATE 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 by a 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. The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of a Resolution for the City of Salem to enter into a Tax Increment Financing Agreement with the Hotel Salem Real Estate Holdings to purchase and redevelop the building at 203 Essex St. into a new 44 room boutique hotel has considered said matter and would recommend adoption by Roll Call Vote. #690 – (#630) TAX INCREMENT FINANCING (T.I.F.) WITH HOTEL SALEM REAL ESTATE 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 by a 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. The Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of Entering into a Tax Increment Financing Agreement with the Hotel Salem Real Estate Holdings has considered said matter and would recommend adoption by Roll Call Vote #691 – (#632) HOME RULE PETITION TO ESTABLISH A SALEM HARBOR PORT AUTHORITY Councillor McCarthy offered the following report for the Committee on Government Services 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 8 yeas, 1 nay, 0 absent, 1 voting present. Councillor Turiel, Milo, McCarthy, Legault, Gerard, Furey, Famico and Eppley were recorded as voting in the affirmative. Councillor Sargent was recorded as voting in the negative. Councillor Siegel was recorded as voting present. 261 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of a Home Rule Petition to Establish a Salem Harbor Port Authority has considered said matter and would recommend that the matter be sent to the full Council with a positive Recommendation and to be voted on by Roll Call Vote. #692 – (#631) ORDINANCE CREATING TRAFFIC AND PARKING COMMISSION Councillor McCarthy offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of an Ordinance to Amend an Ordinance relative to Traffic and Parking by deleting in its entirety the Parking Department Board, Chapter 2, Article VIII, Division 2 and the Transportation Advisory Commission, Chapter 2, Article IV, Division 12 and replace it with creating a new Traffic and Parking Commission, has considered said matter and would recommend that the matter remain in committee. #693 – PETITION TO INSTALL CONDUITS ON BRIDGE AND PLANTERS STREET A hearing was ordered for December 3, 2015 on the petition from National Grid to install conduits on Bridge and Planters Street. #694 – REQUEST FROM AFSCME TO MEET WITH CITY COUNCIL A request from AFSCME Council 93 Local 1818 to meet with Council to discuss public safety issues regarding three vehicles belonging to the City of Salem Department of Public Services that are currently on the road was referred to the Committee on Public Health, Safety and Environment. #695 – REQUEST FROM WAL-MART FOR EXTENDED HOURS ON BLACK FRIDAY A request from Wal-Mart, 450 Highland Avenue, to extend its hours of operation on Friday, th November 27, (Black Friday) only. Normal working hours are 7AM to 10PM; Wal-Mart is seeking th to open up at 1:00 A.M the morning of Friday, November 27 until 10:00 P.M. The request was denied. 262 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL #696 – #697 LICENSE APPLICATIONS The following license applications were granted. PUBLIC GUIDES Frances Marrow, 12 Strawberry Hill Lane, Danvers Jonnet Holladay, 4 Longfellow Place, Boston Carol Weitzman, 4206 Woodbridge Rd., Peabody TAXI OPERATORS Cirilo Brache, 57 Harbor St., Salem Stephen Reddy, 35 Alden St., Provincetown #698 – #701 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. JUNK DEALER Newark Recycled Fibers, North Shore Recyling, 53 Jefferson Ave., Salem SEAWORMS Timothy Lynch, 28 Anawan Ave., Saugus Paul Lynch, 28 Anawan Ave., Saugus SECOND HAND Glass And Etc., 180 Essex St., Salem VALUABLE Jacqueline A. Satin (Antiques Gallery) 69 Wharf St., Salem Tobie’s Jewelry, 142 Washington St., Salem Game Zone, 270 Essex St., Salem Once and Again, 45 Bridge St., Salem Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem TAG DAY S.H.S. Boys Basketball, 12/13/15, 1/10/16, 1/24/16 & 2/6/16 #702 - #703 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Cathy McGreg, 6 White St.,, Salem Marcia Kalman, 35A First St., Salem 263 CITY OF SALEM NOVEMBER 12, 2015 REGULAR MEETING OF THE CITY COUNCIL #704 - BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. SIGNS: Bon Chon, 299 Essex St., Salem Castle Hill Mini Mart, 280 Jefferson Ave., Salem (#634) – SECOND PASSAGE ORDINANCE TRAFFIC RESIDENT STICKER SUMMIT STREET The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 75 Resident Sticker Parking Summit Street was then taken up. It was adopted for second and final passage #635 – SECOND PASSAGE ORDINANCE TRAFFIC PARKING PROHIBITED, OCEAN AVENUE The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 51B “Parking Prohibited at certain times on certain streets” Ocean Avenue was then taken up. It was adopted for second and final passage. On the motion of Councillor Furey the meeting adjourned at 10:15 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK