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MINUTES - Regular - 3/10/2016 1 CITY OF SALEM MARCH 10, 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, March 10, 2016 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 8, 2016. This meeting is being taped and is live on S.A.T.V. All Councillors were present. Council President Turiel presided. Councillor Gerard moved to dispense with the reading of the record of the previous meeting. It was so voted. President Turiel requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY NONE (#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 confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. 2 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL Councillor Famico requested and received unanimous consent to suspend the rules to allow Mr. Jaros to speak. (#103) – APPOINTMENT OF MICHAEL WILLIAMSON TO THE BICYCLING ADVISORY COMMITTEE Held from the last meeting, the Mayor’s appointment of Michael Williamson to serve as a member of the Bicycling Advisory Committee, with a term to expire on February 11, 2019 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. Councillor Famico requested and received unanimous consent to suspend the rules to allow Mr. Williamson to speak. (#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. The appointment was held until the next meeting. (#119) – APPOINTMENT OF MEREDITH MCDONALD AS THE COUNCIL ON AGING DIRECTOR Held from the last meeting, the Mayor’s appt. 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 confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. Councillor Milo requested and received unanimous consent to suspend the rules to allow Ms. McDonald to speak. #150 – REAPPOINTMENT OF THE CABLE TELEVISION & TECHNOLOGY COMMISSION The Mayor’s reappointment of the following Salem Residents to serve as members of the Cable Television and Technology Commission with all terms to expire on March 10, 2018 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Dibble, Eppley, 3 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. Olle Duijvesteijn, William Simons, Laura DeToma Swanson, Linda Vaughn and Kevin Walker #151 – REAPPOINTMENT OF PAUL DURAND TO THE DESIGN REVIEW BOARD The Mayor’s reappointment of Paul Durand to serve as a member of the Design Review Board with a term to expire on March 10, 2019, (The SRA recommends this reappointment), was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. #152 – REAPPOINTMENT OF JESSICA HERBERT TO THE HISTORICAL COMMISSION The Mayor’s reappointment of Jessica Herbert to serve as a member of the Historical Commission with a term to expire on March 10, 2019 was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. #153 – REAPPOINTMENTS OF CITY DEPARTMENT HEADS The Mayor’s reappointments of the following City Department Heads with the following terms to expire was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent, and Turiel were recorded as voting in the affirmative. Name/Title Term to Expire Nina Bridgman, Assistant Finance Director/Deputy Auditor January 31, 2018 Lisa Cammarata, Director of Human Resources January 31, 2018 Bonnie Celi, Collection and Parking Clerk/Hearings Officer January 31, 2018 John Doyle, Sealer of Weights & Measures January 31, 2019 John Giardi, City Electrician January 31, 2018 Lynn Goonin Duncan, Dir. of Planning & Community Development January 31, 2018 David Knowlton, City Engineer January 31, 2018 Kathleen McMahon, City Treasurer January 31, 2019 4 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL Thomas St. Pierre, Director of Inspectional Services January 31, 2018 John Tomasz, Director of Public Services January 31, 2018 Kathleen Winn, Assistant Planning Director January 31, 2018 #154 – APPOINTMENT OF SCOTT SHEEHAN TO CONSERVATION COMMISSION The Mayor’s appointment of Scott Sheehan to serve as a member of the City of Salem’s Conservation Commission with a term to expire on March 10, 2019, was held until the next meeting under the rules. #155 – APPOINTMENT OF ANTONIO MATARAGAS TO THE PLANNING BOARD The Mayor’s appointment of Antonio Mataragas to serve as a member of the City of Salem’s Planning Board with a term to expire on March 10, 2021, was held until the next meeting under the rules. #156 – CONSTABLE The Mayor’s appointment of Antonio O’Neill to serve as a Constable with a term to expire on February 25, 2017 was received and placed on file. #157 – APPROPRIATION FROM “RETIREMENT STABILIZATION – VACATION SICK LEAVE BUYBACK” ACCOUNT FOR RETIREMENT OF TWO EMPLOYEES The following Order recommended by the Mayor, was adopted under suspension of the rules. ORDERED: That the sum of Ten Thousand, Three Hundred and Seventy-Nine Dollars and Sixty-Two Cents ($10,379.62) in the “Retirement Stabilization Fund – Vacation/Sick Leave Buy back” account to be expended for the FY 2016 contractual buyback listed below in accordance with the recommendation of Her Honor the Mayor. Nancy Tracy Library $4,385.77 Ginette Martineau School Dept. $5,993.85 Total $10,379.62 5 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL #158 – TRANSFER TO “PLANNING BOARD – FRINGE/STIPEND” ACCOUNT The following Order recommended by the Mayor was adopted. ORDERED: That the sum of Two Thousand Dollars ($2,000.00) is hereby transferred from the “Planning - Fringe/Stipend “ account to the “Planning Board Fringe/Stipend” account in accordance with the recommendation of Her Honor the Mayor. #159 – RESOLUTION CALLING FOR FULL FUNDING OF THE FOUNDATION BUDGET REVIEW COMMISSIONER’S RECOMMENDATIONS The following Resolution recommended by the Mayor was referred to the Committee on Administration and Finance co-posted with Committee of the Whole. A Resolution Calling for Full Funding of the Foundation Budget Review Commission’s Recommendation Whereas: The Massachusetts Foundation Budget Review Comission identified two areas (employer health insurance and special education) where the Massachusetts Foundation Budget significantly understates the true cost of educating students in the Commonwealth and has failed to keep pace with rising costs; Whereas: this underfunding means the cost of providing a quality education has increasingly been borne by local communities, most often at the expense of other vital municipal operations; Whereas: investing in education today leads to higher incomes, and thus less investment in police, prisons, subsidized health care, low income housing, welfare, etc. in the future; and, Whereas: state and local economies are most effectively strengthened “by investing in education and increasing the number of well-educated workers.” 6 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL Therefore Be It Resolved that the Salem City Council calls on the Massachusetts Legislature and the Governor of Massachusetts to fully fund and adopt the recommendation of the Foundation Budget Review Commission in the immediate future. #160 – PARKING RECOMMENDATIONS FOR DODGE STREET COURT, WASHINGTON STREET AND DODGE STREET The following Order recommended by the Mayor was adopted. ORDERED: Whereas the Planning Board approved the construction of the Dodge and Washington Street Development, a mixed use development, in September of 2015 with associated roadway and parking alterations. Consistent with the approved plans, the City Council hereby Orders that the following parking and roadway alterations shall take effect on the date this mixed use development is issued a Certificate of Occupancy by the City Building Inspector. 1. Dodge Street Court to be changed to one-way southbound from New Derby Street Dodge Street Court south of Dodge Street shall remain a two lane, two-way street. 2. Washington Street – Seven (7) parallel on-street metered spaces shall be added on Washington Street northbound between Mill Street and Dodge Street. 3. Washington Street – Three (3) non-metered two-hour signed spaces shall be removed on the south side of Washington Street to provide for a left turn into the site going eastbound. 4. Washington Street – One (1) metered space shall be removed on the south side of Washington Street to accommodate an entry drive. 5. Dodge Street/Washington Street parking lot – Two metered spaces shall abe removed and two (2) metered handicapped acce3ssible spaces to be relocated immediately adjacent to the north to create small plaza. 6. Dodge Street – Three (3) metered spaces shall be removed to make the travel lanes conforming 7. Dodge Street – One (1) metered space shall be removed for curb bump out 8. Dodge Street – Three (3) monthly permit spaces shall become metered 7 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL 9. Dodge Street – Three (3) monthly permit spaces shall be removed to create a loading zone 10. Dodge Street Court – Three (3) loading spaces shall be created 11. Dodge Street/Washington Street parking lot – Seven (7) metered spaces shall be removed to the north to enable the realignment of Dodge Street, there shall be no net loss of spaces. Be it further Ordered that following construction of the above-referenced parking and roadway alterations, the City Solicitor shall prepare amendments to the City’s Traffic Code for adoption by the City Council incorporating these parking and roadway alterations into the Code. #161 – REQUEST FROM MAYOR TO GIVE PROJECT UPDATE ON FOOTPRINT POWER A communication from the Mayor requesting to address the City Council to give an update on the Footprint power project was received and placed on file. #162 – ORDINANCE TRAFFIC PARKING TIME LIMITED UNMETERED ZONE LORING AVENUE Councillor Dibble introduced the following Ordinance which was adopted for first passage. 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: Loring Avenue southeasterly side beginning at a point of forty (40) feet north of College Drive and continuing to the intersection of Linden Street and the marked crosswalk, excluding existing marked bus stops and handicap parking zones, fifteen (15) minute parking only tow zone Monday through Friday, 7:00 AM – 4:00 PM or by special permit only issued by the Horace Mann Laboratory School (HMLS) Section 2. This Ordinance shall take effect as provided by City Charter. 8 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL #163 – ORDINANCE TRAFFIC PARKING TIME LIMITED UNMETERED ZONE LAFAYETTE STREET Councillor Dibble introduced the following Ordinance which was adopted for first passage. 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: Lafayette Street westerly side, beginning at a point of twenty (20) feet south of Loring Avenue and continuing in a southerly direction to the southeast property line of number 410 Lafayette Street, for a total distance as marked by signs, one (1) hour parking 6:00 AM to 5:00 PM Monday through Friday parking time limited. All currently marked bus stops, handicap zone and service zones in this section remain as marked. Section 2. This ordinance shall take effect as provided by City Charter #164 – ORDINANCE TRAFFIC RESIDENT STICKER PARKING LAFAYETTE STREET Councillor Dibble introduced the following Ordinance which was adopted for first passage. 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 75, “Parking Prohibitions Towing Zones (Resident Sticker) is hereby amended by adding the following: 9 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL Lafayette Street Zone B, Color Red westerly side starting at a point of twenty (20) feet north of Raymond Avenue and continuing in a northerly direction for four-hundred ten (410) feet to the southeast property line of #410 Lafayette Street “Resident Sticker Parking Monday – Friday 6:00 AM to 8:00 PM. Section 2. This ordinance shall take effect as provided by City Charter #165 – DRAFT HOME RULE PETITION FOR USE OF SPANISH-LANGUAGE BALLOTS Councillor Turiel introduced the following Order which was adopted. ORDERED: That the City Solicitor and the Chair of the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to draft a Home Rule Petition allowing for the use of Spanish-language ballots in the City of Salem. #166 – RAISE THE IRISH FLAG FOR ST. PATRICK’S DAY Councillor Ryan introduced the following Order which was adopted. ORDERED: That the Director of Park, Recreation and Community Services raise the Irish thth Flag at Riley Plaza on March 14 through March 17, 2016 in honor of St. Patrick’s Day. #167 – (#92, 141, 143) GRANTING LICENSES 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 granting certain licenses has considered said matter and would recommend that the following licenses be granted PAWNBROKER: Salem Loan & Jewelry, 133 Washington St., Salem TAG DAYS: Salem High School Boys Track, 3/12/16 10 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL Salem High School Girls Track, 4/2/16 Salem High School Boys Lacrosse, 4/24/16 & 5/15/16 #168 – (#128) APPROPRIATION FOR FIRE STATION IMPROVEMENTS ON LORING AVENUE 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 an appropriation in the amount of $50,000.00 from Capital Outlay – Renovations & Repairs for improvements to the Joseph O’Keefe, Sr. Fire Station on Loring Avenue has considered said matter and would recommend approval. Councillor Lovely and Ryan recused themselves and left the Council Chamber. #169 – PETITION FOR SALEM WREATHS ACROSS AMERICA TO HOLD A CARNIVAL The petition from Mark Lovely, Salem Wreaths Across America, on behalf of Cushing Amusements to hold a carnival from June 2, 2016 to June 5, 2016 at the Salem Willows. Hours to be Thursday, 6-10 P.M., Friday, 6-10 P.M., Saturday Noon -10 PM, Sunday, 1-6 P.M. was granted. #170 – LICENSE APPLICATION The following license application was granted. PUBLIC GUIDE: Jeffrey Horton, 31 Sculpin Way, Swampscott #171 - #172 LICENSE APPLICATIONS 11 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. TAG DAYS: S.H.S. Softball, 4/10/16 and 5/16/16 S.H.S Boys Basketball, 12/10/16, 12/17/16, 1/7/17, 1/14/17 #173 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATIONS The following Drainlayer/Contract Operator license application was granted K & B Excavating, 105 Mason St., Salem #174 - #177 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affiars. Mark Csogi, 3 Orchard Ter., Salem Mark Csogi, 3 Orchard Ter. (for 1 Orchard Ter.), Salem Joseph Simons, 28 King St., Swampscott Steven Fitzpatrick, 116 Lafayette St., Salem #178 - #180 BONDS The following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. CONSTABLE: Antonio O’Neill, 25 Tower St., Methuen DRAINLAYER: K & B Excavating, 105 Mason St., Salem 12 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL SIGN: Curtsy, 10 Front St., Salem (#5) – DECLARE PARCEL AS SURPLUS LAND BRIDGE STREET An Order to declare a parcel of land as surplus property at 297-305 Bridge Street with condition of a permanent utility easement was referred to the Committee on Administration and Finance co-posted with the Committee of the Whole. (#628) – SECOND PASSAGE ORDINANCE ADDING YOUTH COMMISSION The matter of second passage of an ordinance amending Ch. 2, Article IV Boards, Commissions, Committees & Authorities by adding Division 17 Youth Commission was then taken up. It was adopted for second and final passage. (#134) – SECOND PASSAGE TRAFFIC PARKING TIME LIMITED UNMETERED ZONE The matter of second passage of an Ordinance amending Traffic, Ch. 42, Sec. 57A Parking Time Limited Unmetered Zone, Canal Street easterly side 73 feet south of Gardner Street for a distance of 54 feet in front of 75 Canal Street, 15-minute parking Mon.- Fri. 7:00 AM – 5:30 PM was then taken up. It was adopted for second and final passage. On the motion of Councillor Furey the meeting adjourned at 9:20 P.M. ATTEST: CHERYL A. LAPOINTE 13 CITY OF SALEM MARCH 10, 2016 DRAFT REGULAR MEETING OF THE CITY COUNCIL CITY CLERK