MINUTES - Regular - 2/25/2016
CITY OF SALEM
FEBRUARY 25, 2016
DRAFT
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,
February 25, 2016 at 7:00 P.M. for the purpose of transacting any and all business. Notice
of this meeting was posted on February 23, 2016 at 10:16 A.M. This meeting is being taped
and is live on S.A.T.V.
Councillor Dibble was recorded as absent.
Council President Turiel presided.
Councillor Lovely moved to dispense with the reading of the record of the previous meeting.
It was voted.
President Turiel requested that everyone please rise to recite the Pledge of Allegiance.
PUBLIC TESTIMONY
1. Rosario Minaya – Harbor Street CDC Volunteer - M.O.U.
2. Keisha Delion - M.O.U.
3. Teasie Riley Goggin – 9 Wisteria Street - M.O.U.
4. Ana Nuncio – Latino Coalition - M.O.U.
5. Marcia Kirkpatrick – City of Salem employee - M.O.U.
6. Jeff Cohen – No Place for Hate - M.O.U.
7. Polly Wilbert – Cedar Street - M.O.U.
8. Patrick Curtin – 19 Raymond Avenue - M.O.U.
9. Steve Pinto – 55 Columbus Avenue - M.O.U.
10. Paul Prevey – 5 Freeman Raod - M.O.U.
11. Pamela Lombardini – 3 Larch Avenue - M.O.U.
12. John Carr – 7 River Street - M.O.U.
13. Attorney - Alex Mitchell Madivar – 423 North Street - M.O.U.
14. Isabel Vargas - M.O.U.
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
15. Jane Arlander – Federal Street - M.O.U.
16. Marianne Curtin – 35 Forrester Street - M.O.U.
17. Nestor Gruyon - - M.O.U.
18. Jim Kearney – 1 ½ Cambridge Street - M.O.U.
(#9) – HEARING EXTENET SYSTEMS FOR CONDUIT ON LAFAYETTE ST./ NEW DERBY ST.
The hearing was continued to April 14, 2016.
ORDERED: Extenet Systems to install a conduit on Lafayette St./New Derby Street and
construct and maintain telecommunications wires and appurtenances, including fiber optic cable, a
remote node and pole top antennas to one existing pole located in, across and over the same
public ways
(#13) – HEARING MOBILITIE, LLC ATTACH EQUIPMENT TO EXISTING POLE SUMMER ST.
The hearing was continued to April 14, 2016
ORDERED: MOBILITIE, LLC to attach equipment to existing pole on Summer Street
(#14) – HEARING MOBILITIE, LLC ATTACH EQUIPMENT TO EXISTING POLE BETWEEN
POND ST. AND WASHINGTON ST.
The hearing was continued to April 14, 2016.
ORDERED: MOBILITIE, LLC to attach equipment to existing pole between Pond Street
and Washington Street
(#15) – HEARING MOBILITIE, LLC TO ATTACH EQUIPMENT TO EXISTING POLE BETWEEN
HIGHLAND AVE. AND CLARK ST.
The hearing was continued to April 14, 2016.
ORDERED: MOBILITIE, LLC to attach equipment to existing pole between Highland Ave.
and Clark Street
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
(#16) – HEARING MOBILITIE, LLC TO ATTACH EQUIPMENT TO EXISTING POLE BETWEEN
PICKERING WAY AND CONGRESS ST.
The hearing was continued to April 14, 2016.
ORDERED: MOBILITIE, LLC to attach equipment to existing pole between Pickering Way
and Congress Street
(#99) – APPOINTMENT OF RICHARD FRANK TO THE BICYCLING ADVISORY COMMITTEE
Held from the last meeting, the Mayor’s appointment of Richard Frank to serve as a member
of the Bicycling Advisory Committee with a term to expire on February 11, 2019, was confirmed by
a roll call vote of 10 yeas, 0 nays 1 absent. Councillors Eppley, Famico, Furey, Gerard, Lovely,
McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. Councillor
Dibble was recorded as absent.
Councillor Famico requested and received unanimous consent to suspend the rules to allow
Mr. Frank to speak.
(#100) – APPOINTMENT OF MICHAEL JAROS TO THE BICYCLING ADVISORY COMMITTEE
Held from the last meeting, the Mayor’s appointment of Michael Jaros to serve as a member
of the Bicycling Advisory Committee with a term to expire on February 11, 2019, was held until the
next meeting.
(#101) – APPOINTMENT OF JOSEPH O’NEIL TO THE BICYCLING ADVISORY COMMITTEE
Held from the last meeting, the Mayor’s appointment of Joseph O’Neil to serve as a member
of the Bicycling Advisory Committee with a term to expire on February 11, 2019, was confirmed by
a roll call vote of 10 yeas, 0 nays 1 absent. Councillors Eppley, Famico, Furey, Gerard, Lovely,
McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. Councillor
Dibble was recorded as absent.
Councillor McCarthy requested and received unanimous consent to suspend the rules to
allow Mr. Frank to speak.
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
(#102) – APPOINTMENT OF DAN SHUMAN TO THE BICYCLING ADVISORY COMMITTEE
Held from the last meeting, the Mayor’s appointment of Dan Shuman to serve as a member
of the Bicycling Advisory Committee with a term to expire on February 11, 2019, was was
confirmed by a roll call vote of 9 yeas, 1 nays, 1 absent under suspension of the rule 29A.
Councillors Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, and Turiel were
recorded as voting in the affirmative. Councillor Sargent was recorded as opposed. Councillor
Dibble was recorded as absent.
(#103) – APPOINTMENT OF MICHAEL WILLIAMSON BICYCLING ADVISORY COMMITTEE
Held from the last meeting, the Mayor’s appt. of Michael Williamson to serve as a member
of the Bicycling Advisory Committee with a term to expire on February 11, 2019, was held until the
next meeting.
(#104) – APPOINTMENT OF ROBERTA CLEMENT TO THE CEMETERY COMMISSION
Held from the last meeting, the Mayor’s appt. of Roberta Clement to serve as a member of
the Cemetery Commission with a term to expire on February 11, 2019, was held until the next
meeting.
#119 – APPOINTMENT OF MEREDITH MCDONALD AS THE COUNCIL ON AGING DIRECTOR
The Mayor’s appointment of Meredith McDonald to serve as the City of Salem’s Council on
Aging Director with a term to expire on January 31, 2018, was held until the next meeting under the
rules.
#120 – REAPPOINTMENT OF MICKEY NORTHCUTT TO THE COMMUNITY PRESERVATION
COMMITTEE
The Mayor’s reappointment of Mickey Northcutt to serve as a member of the Community
Preservation Committee with a term to expire on March 1, 2019, was referred to the Committee of
the Whole. Councillors Gerard and Furey were recorded as opposed.
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
#121 – REAPPOINTMENT OF DAVID PABICH TO THE SALEM / BEVERLY WATER BOARD
The Mayor’s reappointment of David Pabich to serve as a member of the Salem & Beverly
Water Supply Board with a term to expire on March 1, 2019 was confirmed by a roll call vote of 10
yeas, 0 nays 1 absent. Councillors Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan,
Sargent, and Turiel were recorded as voting in the affirmative. Councillor Dibble was recorded as
absent.
#122 – REAPPOINTMENT OF JANET GREENE TO THE BOARD OF HEALTH
The Mayor’s reappointment of Janet Greene to serve as a member of the Board of Health
with a term to expire on March 1, 2019 was confirmed by a roll call vote of 10 yeas, 0 nays 1
absent. Councillors Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent, and
Turiel were recorded as voting in the affirmative. Councillor Dibble was recorded as absent.
#123 – REAPPOINTMENT OF DAN RICCIARELLI TO THE CONSERVATION COMMISSION
The Mayor’s reappointment of Dan Ricciarelli to serve as a member of the Conservation
Commission with a term to expire on March 1, 2019 was confirmed by a roll call vote of 10 yeas, 0
nays 1 absent. Councillors Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent,
and Turiel were recorded as voting in the affirmative. Councillor Dibble was recorded as absent.
#124 – REAPPOINTMENT OF THE RINUS OOSTHOEK AND MICHAEL CAGGIANO TO THE
PARKING BOARD
The Mayor’s reappointments of Rinus Oosthoek and Michael Caggiano to serve as
members of the Parking Board with their terms to expire on March 1, 2017 was confirmed by a roll
call vote of 10 yeas, 0 nays 1 absent. Councillors Eppley, Famico, Furey, Gerard, Lovely,
McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. Councillor
Dibble was recorded as absent.
#125 – REAPPOINTMENT OF PAUL VICCIA AS ALTERNATE MEMBER TO ZONING BOARD
OF APPEALS
The Mayor’s reappointment of Paul Viccia to serve as an alternate member of the Zoning
Board of Appeals with a term to expire on March 1, 2017 was confirmed by a roll call vote of 10
yeas, 0 nays 1 absent. Councillors Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan,
Sargent, and Turiel were recorded as voting in the affirmative. Councillor Dibble was recorded as
absent.
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
Councillor Furey assumed the chair.
Councillor Turiel recused himself and left the chamber due to conflict of interest.
#126 – REAPPOINTMENT OF SUSAN KEENAN TO THE HISTORICAL COMMISSION AND
JANE TURIEL AS AN ALTERNATE MEMBER
The Mayor’s reappointment of Susan Keenan to serve as a member of the Historical
Commission with a term to expire on March 1, 2019 and reappt. Jane Turiel as an alternate
member with a term to expire on March 1, 2018 was confirmed by a roll call vote of 9 yeas, 0 nays
2 absent. Councillors Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, and Sargent
were recorded as voting in the affirmative. Councillor Dibble and Turiel was recorded as absent.
#127 – CONSTABLE
The Mayor’s reappointment of Mark Finer to serve as a Constable with a term to expire on
March 8, 2019 was received and placed on file.
#128 – APPROPRIATION FROM “CAPITAL OUTLAY – RENOVATIONS & REPAIRS” FOR
JOSEPH A. O’KEEFE SR. FIRE STATION ON LORING AVENUE
The following Order recommended by the Mayor was referred to the Committee on
Administration and Finance under the rules.
ORDERED: That the sum of Fifty Thousand Dollars ($50,000.00) is hereby appropriated
from the “Capital Outlay – Renovation & Repairs” account to carry out repairs and improvements at
the Josepha A. O’Keefe, Sr., Fire Station at 64 Loring Avenue, Salem, in accordance with the
recommendation of Her Honor the Mayor.
#129 – APPROPRIATION FROM “RETIREMENT STABILIZATION – VACATION/SICK LEAVE
BUYBACK FOR VALERIE COVIELLO
The following Order recommended by the Mayor was adopted under suspension of the
rules.
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
ORDERED: That the sum of Six Thousand and Twenty-Eight Dollars and Eighty-Nine Cents
($6,628.89) in the “Retirement Stabilization – Vacation/Sick Leave Buyback” account to be
expended for the FY 2016 contractual buyback listed below in accordance with the
recommendation of Her Honor the Mayor.
Valerie Coviello Dept. of Public Services. $6,628.89
#130 – GRANT OF EASEMENT FROM SKOMURSKI DEVELOPMENT LLC
The following Order recommended by the Mayor was adopted.
ORDERED: The Mayor is hereby authorized to execute, on behalf of the City of Salem, a
Grant of Easement from Skomurski Development, LLC to the City of Salem. The 20’ sewer
easement will enable the City to access and maintain an existing sewer line running through Lot 2
shown on a plan entitled “Plan of Land 43 Bridge Street and 13 Planters Street, Salem,
Massachusetts” within Exhibit A of the attached Grant of Easement.
#131 – ZONING DEFINITIONS: SECTION 10-0 TASTING ROOM
The following Ordinance recommended by the Mayor was referred to the Planning Board to
schedule a joint public hearing with the City Council.
In the year two thousand and sixteen
An Ordinance to amend an Ordinance relative to Zoning
Be it ordained by the City Council of the City of Salem as follows:
Section 1. Section 10.0 – Definition of the City of Salem Zoning Ordinance is hereby
amended by deleting the following sentence found within the definition of Tasting Room:
“A tasting room may not be greater than thirty-three (33) percent of the main building’s gross
square footage.”
And replacing it with:
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
“A tasting room may not be greater than fifty (50) percent of the main building’s gross
square footage. A seasonal tasting area, e.g. patio or deck, shall not be included in calculating the
tasting room’s square footage.”
Section 2. This Ordinance shall take effect as provided by City Charter.
#132 – COMMUNICATION FROM THE MAYOR RE: A MEMORANDUM OF UNDERSTANDING
Communication from the Mayor relative to a Memorandum of Understanding with the Latino
Leadership Coalition, was received and placed on file
#133 – MONTHLY FINANCIAL REPORT
Councillor Eppley introduced the following Order which was adopted.
ORDERED: Monthly Financial Report dated January 31, 2016 be referred to the Committee
on Administration and Finance.
#134 – ORDINANCE TRAFFIC, PARKING TIME LIMITED UNMETERED ZONE CANAL ST.
Councillor Turiel introduced the following Ordinance which was adopted.
In the year two thousand and sixteen
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 57A, “Parking Time Limited Unmetered Zones” is hereby
amended by adding the following:
Canal Street, easterly side, starting at a point of seventy-three (73) feet south of Gardner
Street and continuing for a distance of fifty-four (54) feet in a southerly direction in front of $75,
fifteen (15) minute parking only, tow zone, Monday through Friday 7:00 AM to 5:30 PM
Section 2. This Ordinance shall take effect as provided by City Charter.
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
#135 – (#90, #91) HEARING ON DENIAL OF TAXI OPERATOR LICENSE
Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs. It was voted to accept and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter
of a hearing on the denial of a taxi operator license for Francisco Gonzalez has considered said
matter and would recommend that the license be granted.
#136 – (#628) ORDINANCE YOUTH COMMISSION
Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter
of discussing an Ordinance relative to the Youth Commission has considered said matter and
would recommend Adoption for first passage.
#137 - REVIEWING OF FINANCIAL REPORTS
Councillor Eppley offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of
discussing and reviewing the financial reports that are in committee has considered said matter
and would recommend the matters remain in Committee.
#138 – (#723) ADDING ADDITIONAL COLUMN TO OPERATING BUDGET
Councillor Eppley offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of
discussing adding an additional column to the operating budget to reflect percent change or dollar
variance on individual personnel salary and expense lines has considered said matter and would
recommend the matter remain in Committee.
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
#139 - #140 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES: Alicia Diozzi, 40 English St., Salem
Samantha St. Germain, 98 Sears Island Dr., Worcester
Robert Hawkins, 24 Ridgewood Ln., Gardner
Jeffrey Swartz, 158 Captain Eames Circle, 01721
Kathleen Ward, 3 Sutton Terr., Salem
TAXI OPERATORS: Felipito Guzman, 6 Grant St., Beverly
Mauro Fernandez, 78 Palmer St., Salem
Juan Lopez, 14 Collins St., Peabody
Jose Lopez, 16 Mason St., Salem
Jaime Lopez, 12 Rockmere St., Lynn
Jose Munoz, 16 Cherry St., Salem
Dana McPhee, 14 South St., Salem
Donald LaMontagne, 540 Essex St., Beverly
#141 - #143 LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
TAG DAYS: Salem High School Boys Track, 3/12/16
Salem High School Girls Track, 4/2/16
Salem High School Boys Lacrosse, 4/24/16 & 5/15/16
#144 - #145 DRAINLAYER / CONTRACT OPERATOR LICENSES
The following Drainlayer/Contract Operator licenses were granted.
Phoenix Communications, 25 Bowditch Drive, Shrewsbury
P.V. Barone Corp., 18 Central St., Winthrop
CITY OF SALEM
FEBRUARY 25, 2016
REGULAR MEETING OF THE CITY COUNCIL
#146 - #148 – CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
Johanna Erickson, 48 Chester St., Watertown
Jason Weber, 14 Pickman St., Salem
Rhoda Sanderson, 12G Pioneer Ter, Salem
#149 – BONDS
The following Bond was referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
DRAINLAYER: P.V. Barone Corp., 18 Central St., Winthrop
(#108) – SECOND PASSAGE ORDINANCE TRAFFIC HANDICAP PARKING BENTLEY
STREET
The matter of second passage of an Ordinance amending Traffic, Chapter 42, Section 50B
“Handicap Parking” Repeal Bentley Street was then taken up. It was adopted for second and final
passage.
On the motion of Councillor Furey the meeting adjourned at 10:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK