MINUTES - Regular - 4/28/2016
CITY OF SALEM
APRIL 28, 2016
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,
April 28, 2016 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this
meeting was posted on April 26, 2016 at 12:17 P.M. This meeting is being taped and is live
on S.A.T.V.
Councillor Furey was recorded as absent.
Council President Turiel presided.
Councillor Sargent 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.
Councillor McCarthy requested and received unanimous consent for suspension of the rules to
allow the Mayor to swear in firefighter Scott Austin, Gerry Frechette, Thomas Brophy, Frank
Defranco and Pat Tobin.
Councillor McCarthy requested a two-minute recess. There was no objection.
PUBLIC TESTIMONY
1. Jeff Cohen – 12 Hancock Street – Resolution for Senate Bill
2. Erin Dolan – 137a King St. Goveland – OTTA Sister City
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(#9) – HEARING ON A CONDUIT & TELECOMMUNICATION ANTENNAS ON LAFAYETTE ST. /
NEW DERBY STREET
A hearing was held on the Order of Extenet Systems to install a conduit on Lafayette
St./New Derby St. and construct and maintain telecommunications, including a fiber optic cable, a
remote node and pole top antennas to one existing pole located in, across and over the same
public ways.
Appearing in Favor:
Attorney Daniel Glissman – representative of Extenet Systems (Prince Lobel Tye) he stated this
will be the fourth node. There is a capacity need for T-Mobile.
Councillor Dibble stated that 2 – 2 ½ blocks will be dug up and pole is at the corner can the
existing conduit be used.
Attorney Glissman responded the only available fiber optics to lease is down the street.
Councillor McCarthy asked where is it? Is it near Orange Leaf?
Attorney Glissman stated yes
Councillor McCarthy stated that the pole was clean looking and he asked could it go closer to the
Fire Station?
Attorney Glissman stated that the Fire Station was further away.
Councillor Dibble stated we need to know that the bolts are of Salem’s standards. What about
across from the Orange Leaf, it’s a shorter distance and not outside windows.
Attorney Glissman stated that was a possibility we looked into it, we can move the installation
across the street.
Councillor Famico asked the height of the pole.
Attorney Glissman stated twenty-nine (29) feet ten (10) inches to the top of the antenna, to the top
of the pole is twenty-five (25) feet.
Councillor Famico had a question for the Assistant Solicitor is there city ownership?
Assistant Solicitor stated it’s conditional upon City Agreements.
There was no one appearing opposed.
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Councillor Gerard moved that the hearing be closed. It was so voted.
Councillor Famico moved that the petition be granted conditional to agreement and look at the
relocation of the pole on the corner where the bank is opposed to across the street where Orange
Leaf is.
Councillor Dibble also added the condition that the applicant also meet with the City Engineer and
that everything is in compliant with Salem standards.
It was so voted.
(#13) – HEARING MOBILITIE, LLC TO ATTACH EQUIPMENT TO POLE ON SUMMER ST.
A hearing was held on the Order of MOBILITIE, LLC to attach equipment on existing pole on
Summer St.
Appearing in Favor:
Attorney Brian Grossman – representative for Mobilitie LLC. He stated that he is representing four
(4) applications. Other petitions were withdrawn. This is a pole replacement to allow cable to be run
internally. He stated they will work with the City for the appropriate agreement.
Councillor Famico stated that she wanted their word that the sidewalk is replaced and that they get
an opening permit.
Bonnie Belair – American Tower stated that she doesn’t have any interest in Salem. Salem needs
to start a process and examine wireless.
Councillor Famico stated that we do have a revision to our ordinance which is in committee.
Councillor Dibble stated we learned that the pole is twelve (12) feet from a residential building.
Attorney Grossman stated it’s no closer than twelve feet away from the building. Half the distance
of a street is eighteen (18) feet.
Assistant Solicitor stated we have distributed revised plan to planning and engineering and there
were no concerns.
There was no one appearing opposed.
Councillor Famico moved the hearing be closed. It was so voted.
Councillor Famico moved for approval with attachment agreement and compliance with Salem’s
regulations. It was so voted. Councillor Dibble was recorded as opposed.
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(#14) – HEARING MOBILITIE, LLC TO ATTACH EQUIPMENT TO EXISTING POLE
BETWEEN POND ST. AND WASHINGTON ST.
A hearing was held on the Order of MOBILITIE, LLC to attach equipment to an existing pole
between Pond Street and Washington Street.
Appearing in favor:
Attorney Brian Grossman representative for Mobilitie LLC. Stated that the pole replacement will
look similar and to accommodate equipment. The existing lumiers will be repurposed.
Councillor Dibble questioned how many feet away from any residence.
Attorney Grossman stated it is in compliance with FCC
Councillor Dibble stated he is opposed it is too close to a building.
Councillor moved approval contingent upon the Attachment Agreement and Right Away
Agreement.
(#15) – HEARING MOBILITIE, LLC TO ATTACH EQUIPMENT TO EXISTING POLE BETWEEN
HIGHLAND AVE. AND CLARK ST.
A hearing was held on the Order of MOBILITIE, LLC to attach equipment to an existing pole
between Highland Ave. and Clark St.
Appearing in favor:
Attorney Brian Grossman representative for Mobilitie LLC. stated that the pole is a wooden pole
and it is near a self-storage facility.
Councillor Dibble state we didn’t get plans for how close the pole is to the nearest resident.
There was no one who appeared in opposition.
Councillor Lovely moved that the hearing be closed. It was so voted.
Councillor Lovely moved approval contingent upon the Attachment Agreement and Right Away
Agreement.
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(#16) – HEARING MOBILITIE, LLC TO ATTACH EQUIPMENT TO EXISTING POLE BETWEEN
PICKERING WAY AND CONGRESS ST.
A hearing was held on the Order of MOBILITIE, LLC to attach equipment to an existing pole
between Pickering Way and Congress Street.
Appearing in favor:
Attorney Brian Grossman representative for Mobilitie LLC. Stated that the street light replacement
across from Eastern Bank will be replaced and the pole and lumier will be repurposed.
No one appeared in opposition.
Councillor McCarthy moved that the hearing be closed. It was so voted.
Councillor McCarthy moved approval contingent upon the Attachment Agreement and Right Away
Agreement.
(#213) – HEARING CELLCO PARTNERSHIP / DBA VERIZON WIRELESS WIRELESS
ANTENNA FIXTURE TO EXISTING POLE AT 81 HIGHLAND AVENUE
A hearing was held on the Order of Cellco Partnership d/b/a Verizon Wireless to locate
small cell wireless antennas and the necessary sustaining and protecting fixtures on an existing
utility pole, located on a public way near 81 Highland Avenue.
Appearing in favor:
Attorney Chris Swiniarski representative for Cellco Partnership. This is for a single canister which is
twenty-four (24) inches tall by fifteen (15) inches in diameter with an electrical meter cut off box.
The reason for this petition is there is a demand for usage.
There was no one who appeared in opposition.
Councillor Lovely moved that the hearing be closed. It was so voted.
Councillor Lovely moved approval contingent upon the Attachment Agreement and Right Away
Agreement.
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#263A – HEARING NATIONAL GRID FOR CONDUIT ON WASHINGTON ST. AT DODGE ST.
A hearing was held on the Order of National Grid to install Conduits on Washington Street at
Dodge Street
Appearing in favor:
Sabitah Mahabier-Sheehy representative for National Grid, this is for the project at Dodge Street
and Washington Street.
Councillor Famico asked if the work was done recently.
Ms. Mahabier-Sheehy stated no
Councillor Eppley stated that there is work in the point on Peabody Street that needs work. Can we
put this order into committee until that gets done.
Councillor Sargent assumed the Chair.
Councillor Turiel stated that he is not in support to link the two projects together. An Order can be
put in regarding the work that needs to be done at Peabody Street.
There was no one who appeared in opposition.
Councillor Eppley ask that the matter be tabled. There was no second on the motion.
Councillor Eppley moved to refer the matter to the Committee on Government Services. The
motion was withdrawn.
Councillor Turiel moved the Order be granted. It was so voted.
(#214) – APPOINTMENT OF NANCY CROWDER TO BOARD OF HEALTH
Held from the last meeting, the Mayor’s pt. of Nancy Crowder to serve as a member of the
Board of Health with a term to expire on March 1, 2018, was confirmed by a roll call vote of 10
yeas, 0 nays 1 absent. Councillors Dibble, Eppley, Famico, Gerard, Lovely, McCarthy, Milo, Ryan,
Sargent and Turiel were recorded as voting in the affirmative. Councillor Furey was recorded as
absent.
Councillor Gerard moved for suspension of the rules to allow Ms. Crowder to speak. There was no
objection.
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(#215) – APPOINTMENT OF DENISE BALFE TO THE BEAUTIFICATION COMMITTEE
Held from the last meeting, the Mayor’s pt. of Denise Balfe to serve as a member of the
Beautification Committee with a term to expire on April 14, 2019, was confirmed by a roll call vote
of 10 yeas, 0 nays 1 absent. Councillors Dibble, Eppley, Famico, Gerard, Lovely, McCarthy, Milo,
Ryan, Sargent and Turiel were recorded as voting in the affirmative. Councillor Furey was recorded
as absent.
Councillor Gerard moved for suspension of the rules to allow Ms. Balfe to speak. There was no
objection.
(#216) – APPOINTMENT OF MATT RUSTEIKA TO THE RENEWABLE ENERGY TASK FORCE
Held from the last meeting, the Mayor’s pt. of Matt Rusteika to serve as a member of the
Renewable Energy Task Force with a term to expire on April 14, 2019, was confirmed by a roll call
vote of 10 yeas, 0 nays 1 absent. Councillors Dibble, Eppley, Famico, Gerard, Lovely, McCarthy,
Milo, Ryan, Sargent and Turiel were recorded as voting in the affirmative. Councillor Furey was
recorded as absent.
Councillor Famico moved for suspension of the rules to allow Mr. Rusteika to speak. There was no
objection.
#263 – REAPPOINTMENT OF JAMES SHEA TO SALEM PARK & RECREATION COMMISSION
The Mayor’s reappointment of James Shea to serve as a member of the Salem Park and
Recreation Commission with a term to expire on May 1, 2021, was confirmed by a roll call vote of
10 yeas, 0 nays 1 absent. Councillors Dibble, Eppley, Famico, Gerard, Lovely, McCarthy, Milo,
Ryan, Sargent and Turiel were recorded as voting in the affirmative. Councillor Furey was recorded
as absent.
#264 – REAPPOINTMENT OF REBECCA CURRAN TO ZONING BOARD OF APPEALS
The Mayor’s reappointment of Rebecca Curran to serve as a member of the Salem Zoning
Board of Appeals with a term to expire on May 1, 2019, was confirmed by a roll call vote of 10
yeas, 0 nays 1 absent. Councillors Dibble, Eppley, Famico, Gerard, Lovely, McCarthy, Milo, Ryan,
Sargent and Turiel were recorded as voting in the affirmative. Councillor Furey was recorded as
absent.
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#265 – TRANSFER TO “COUNCIL ON AGING – ACTIVITIES”
The following Order recommended by the Mayor was adopted.
ORDERED: That the sum of Eight Thousand Five Hundred Dollars ($8,000.00) is hereby
transferred as listed below in accordance with the recommendation of Her Honor the Mayor.
#266 – EXEMPTION FOR CITY TREASURER TO SERVE PART-TIME AS DISTRICT
TREASURER
The following Order recommended by the Mayor was adopted by a roll call vote of 10 yeas,
0 nays 1 absent. Councillors Dibble, Eppley, Famico, Gerard, Lovely, McCarthy, Milo, Ryan,
Sargent and Turiel were recorded as voting in the affirmative. Councillor Furey was recorded as
absent.
ORDERED: In accordance with Massachusetts General Law, Chapter 268A, Section 20(b)
City Council hereby approves an exemption from Section 20 for City Treasurer Kathleen McMahan
to also serve as a part-time District Treasurer for Essex Technical and Agricultural School District.
#267 – RESOLUTION SUPPORTING SENATE BILL 735 & HOUSE BILL 1577
The following Resolution recommended by the Mayor was adopted.
RESOLUTION:
A RESOLUTION SUPPORTING S.B. 735 AND H.B. 1577
Whereas: The City of Salem is a proud No Place for Hate Community; and
Whereas: The City of Salem is equally proud of its 100% score from the Human Rights
Campaign’s Municipal Equality Index; and
Whereas: The City of Salem was among the first in Massachusetts to adopt a non-
discrimination Ordinance protecting the equal rights of all its residents and visitors under the
law, regardless of age, ancestry, color, disability, family status, gender identity or
expression, military status, marital status, national origin, race, religion, sex or sexual
orientation; and
Whereas: Senate Bill 735 and House Bill 1577 would extend those same protections for
gender identity to all residents and visitors of this Commonwealth; and
Whereas: The City of Salem embraces the tenets of inclusivity and freedom that are the
foundations of our democratic society;
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NOW, THEREFORE, BE IT RESOLVED
That the City Council of Salem, Massachusetts, does hereby support the expansion of
Massachusetts non-discrimination laws to include gender identity and calls for the passage
of Senate Bill 735 and House Bill 1577, which would update the Commonwealth’s public
accommodations law to ensure transgender individuals are protected from discrimination in
public places.
#268 – RESOLUTION COMMONWEALTH DIAGNOSTIC INTERNATIONS, INC. T.I.F.
The following Resolution recommended by the Mayor was referred to the Committee on
Administration and Finance co-posted with Committee of the Whole.
RESOLUTION:
Whereas: Commonwealth Diagnostic International, Inc. (hereinafter “CDI) wishes to purchase and
redevelop the building located at One Holyoke Square, Salem, MA, known as Assessor’s Parcel ID
25-0574 into a corporate headquarters with life sciences manufacturing and office space; and
Whereas: The City of Salem (hereafter “CITY”) is willing to grant tax concessions in return for a
guarantee of the purchase One Holyoke Square in Salem, and redeveloping it into a +/- 52,000 sq.
ft. corpo9rate headquarters with life sciences manufacturing and office space, 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 One Holyoke Square, and;
Provides for a tax exemption at One Holyoke Square for a period of five (5) years, beginning
the first full fiscal tax year after Certificate of Occupancy is issued for the new building at
One Holyoke Square in Salem in accordance with the schedule below:
Term Exemption %
1 100%
2 80%
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
Commonwealth Diagnostics International, Inc.
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#269 – TAX INCREMENT FINANCING AGREEMENT
The following Order recommended by the Mayor was referred to the Committee on
Administration and Finance co-posted with Committee of the Whole.
TAX INCREMENT FINANCING AGREEMENT
CITY OF SALEM, MASSACHUSETTS
and
COMMONWEALTH DIAGNOSTICS INTERNATIONAL, INC.
This agreement is made this _____ day of __________, 2016 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
Commonwealth Diagnostics International, Inc., a Massachusetts corporation with a principal place of business at 39 Norman
Street, Salem, MA 01970 (hereinafter called “the COMPANY”). The base year for this Agreement will be FY2016. The
exemptions associated with this Agreement will take effect upon the COMPANY’s receipt of a permanent certificate of occupancy
for improvements made to the BUILDING. For exact location of site, refer to Attachment “Exhibit A.”
WHEREAS, the COMPANY wishes to acquire and redevelop the +/- 54,000 square foot former Holyoke Mutual Fire Insurance
Company building at One Holyoke Square in Salem; and
WHEREAS, the CITY is willing to grant tax concession in return for guarantee of the purchase and redevelopment of the +/-
54,000 square feet office building into a new corporate headquarters for the COMPANY and the creation of employment
opportunities for local workers; and
WHEREAS, the Salem City Council resolved on ________ ___, 2016, to allow the use of Tax Increment Financing as a tool to
encourage economic development at One Holyoke Square in Salem; 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 +/- 54,000 sq. ft. building at One Holyoke Square in Salem
(herein after “the BUILDING”). The BUILDING is identified as Salem Assessor’s Parcel ID 25-0574. 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 OBLIGATIONS
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 the first fiscal year that the COMPANY receives a permanent
certificate of occupancy for the improvements made to the BUILDING. For the purposes of this
AGREEMENT, the base value of the TIF will be the FY2016 assessed value of the BUILDING. The FY2016
assessed value of the BUILDING at One Holyoke Square is $3,582,000. During each year of this Agreement,
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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 percentage of the full value of the BUILDING. In Year six (6), the COMPANY will pay
taxes on the full value of the BUILDING.
YEAR EXEMPTION
Year 1 100%
Year 2 80%
Year 3 60%
Year 4 40%
Year 5 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 COMMONWEALTH DIAGNOSTICS INTERNATIONAL, INC.
___________________________ __________________________________
Kimberley Driscoll, Mayor Brian Strasnick, President & Chief Executive Officer
#270 – REAPPOINTMENTS TO THE COMMUNITY PRESERVATION ACT COMMITTEE
Councillor Gerard introduced the following Order for reappointments which was confirmed
by a roll call vote of 10 yeas, 0 nays 1 absent. Councillors Dibble, Eppley, Famico, Gerard, Lovely,
McCarthy, Milo, Ryan, Sargent and Turiel were recorded as voting in the affirmative. Councillor
Furey was recorded as absent.
ORDERED: That the City Council reappoint Ed Moriarity, Jr. and Kevin Cornacchio as
members of the Community Preservation Act Committee for a term to expire May 23, 2018.
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#271 – MONTHLY FINANCIAL REPORT
Councillor Eppley introduced the following Order which was adopted.
ORDERED: That the Monthly Financial Report dated March 31, 2016 be referred to the
Committee on Administration and Finance.
#272 – YEAR TO DATE BUDGET REPORT
Councillor Eppley introduced the following Order which was adopted.
ORDERED: That the Year to Date Budget Report dated January, February, and March be
referred to the Committee on Administration and Finance.
#273 – LORAX TASKFORCE
Councillor Eppley introduced the following Order which was adopted.
ORDER: That the Leaf-Oriented Resiliency and Arboricultural Expansion (LORAX) Taskforce shall
be formed and charged with the providing expert and resident input and recommendations for:
1) A comprehensive city-wide master plan for tree maintenance, replanting & augmentation of
our urban forest
2) Utility/feasibility of city-wide GPS tree inventory
3) Alternative resources for funding and in kind donations
4) Identification of suggested and/or necessary staffing supplementation/realignment
5) Identification of suggested and/or necessary ordinance changes
Specific areas of inquiry for the Taskforce shall include: flooding abatement; climate change
responsiveness; and, preference in planting successful native species.
Members of the LORAX Taskforce shall consist of the following:
Kirt Reider (Planning Board)
Mayor or her designee
Two members of the City Council (to be appointed by the Council President one as
the chair)
Salem Tree Warden/Arborist
DPS Director or his designee
One member of the Cemetery Commission
One member of the Parks and Recreation Commission
SPS Superintendent or her designee
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One member of the Neighborhood Improvement Advisory Council
One member of the South Salem Neighborhood Association
One member of the Salem Sound Coast Watch
#274 – ORDINANCE AMENDING TRAFFIC HANDICAP PARKING BRIDGE STREET
Councillor Famico 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 50B, “Handicap Parking, Limited Time”
Bridge Street, in front of #93 Bridge Street for a distance of twenty (20) feet. “Handicap
Parking only, Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#275 – TAG DAY APPLICATION
Councillor McCarthy introduced the following Ordinance which was adopted.
ORDERED: That the attached Tag Day License Application for Salem Little League for the
dates of May 8, 2016, June 4, 2016 and June 18, 2016 be granted
#276 – (#256 - #257) 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
SEAWORMS: Jose Bettencourt, 54 Fulton St., Peabody
Robert Bettencourt, 54 Fulton St., Peabody
Jerrold Houghton, 158 Park St., Lynn
TAG DAY: S.H.S. Volleyball Boosters, Sept. 24, 2016 & Oct. 15, 2016
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#277 – (#232) ORDINANCE AMENDING CH. 12 FOR TELECOMMUNICATIONS
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 an Ordinance Amending Chapter 12, Article III by adding a new section for Tele-Communication
attachments has considered said matter and would recommend that the matter remain in
committee.
#278 – (#631) ORDINANCE AMENDING TRAFIC AND PARKING – DIRECTOR’S TITLE
Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and
adopt the recommendation
The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of
the Whole to whom was referred the matter of an Ordinance Amending Traffic and Parking Section
2 only relative to the appointment, title and responsibilities of the Traffic and Parking Executive
Director has considered said matter and would recommend refer to the full Council with no
recommendation.
Adopted to refer the matter back to the Committee on Ordinances, Licenses and
Legal Affairs co-posted with Committee of the Whole
A motion to invoke rule Section 38 to bring out of the Committee on Government
Services co-posted with Committee of the Whole Section 1 of the Ordinance, was
discharged by a roll call vote of 10 yeas, 0 nays, 1 absent.
Adopted to refer Section 1 of the Ordinance to the Committee on Ordinances,
Licenses and Legal Affairs co-posted with Committee of the Whole
#279 – (#224) APPROPRIATION FOR POLICE PATROLMAN CONTRACT SETTLEMENT
Councillor Eppley 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 a $300,000 appropriation from “Free Cash” to the “HR –
Collective Bargaining Reserve” account to fund the police patrolmen contract settlement has
considered said matter and would recommend adoption.
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#280 – (#45) GUIDELINES FOR CELL SITES AND ALL TELE-COMMUNICATION
APPLICATIONS
Councillor Famico 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.
The Committee on Government Services co-posted with the Committee of the Whole to
whom was referred the matter of guidelines for cell sites and all tele-communication applications
has considered said matter and would recommend that the matter be referred to the full council.
#281 – (#39) CITY WIDE TREE CENSUS, MAINTENANCE & REPLACEMENT PLAN
Councillor Gerard offered the following report for the Committee on Public Health, Safety,
and Environment co-posted with the Committee of the Whole.
The Committee on Public Health, Safety, and Environment co-posted with the Committee of
the Whole to whom was referred the matter of a City Wide Tree Census and ongoing maintenance
and long term replacement plan has considered said matter and would recommend that the matter
remain in committee and that an Order for a Task Force be submitted.
#282 – COMMUNICATION FROM THE HEALTH AGENT RELATIVE TO THE OVERDOSE
EPIDEMIC
A communication from Larry Ramdin, Health Agent, requesting to address the City Council
relative to the opiate overdose epidemic currently gripping our city and country and how to
recognize the signs of an overdose, the administration of Naloxone and its availability and impact
on reversing an opiate overdose was received and filed.
#283 – (#131) COMMUNICATION FROM THE PLANNING BOARD
A communication the Planning Board submitting their recommendation relative to a Zoning
Ordinance Amendment for Section 10.0, Definition for Tasting Room was received and filed.
(#131) The following Ordinance was adopted for first passage by a roll call vote of 10 yeas, 0 nays,
1 absent. Councillors Dibble, Eppley, Famico, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent and
Turiel were recorded as voting in the affirmative. Councillor Furey was recorded as absent.
In the year two thousand and sixteen
An Ordinance to amend an Ordinance relative to Zoning
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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:
“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.
#284 – APPROPRIATION TO THE COMMUNITY PRESERVATION ACT FUNDS FOR FY17
Communication from Jane A. Guy, Assistant Community Development Director for adoption
of an Order for the FY17 Budget for the Community Preservation Act funds was referred to the
Committee on Administration and Finance co-posted with Committee of the Whole.
ORDERED: That Five Hundred and Ninety-Five Thousand Dollars ($595,000.00) is hereby
appropriated to the CPA Funds in FY 2017 to the accounts listed below in accordance with the
recommendation of Her Honor the Mayor.
2001 CPA-General Admin-Expenses 25,750.00
2001 CPA-General Admin-Stipends 4,000.00
2001 CPA-General Admin-Reserves 386,750.00
2002 CPA-Open Space- Reserves 59,500.00
2003 CPA-Historical Preservation – Resv. 59,500.00
2004 CPA-Community Housing-Resv. 59,500.00
Total 595,000.00
#285 – PETITION FROM VERIZON FOR A CONDUIT ON WASHINGTON ST. AND CANAL ST.
A hearing was ordered for May 12, 2016 on the petition from Verizon to install conduits on
Washington Street and Canal Street.
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APRIL 28, 2016
#286 – REQUEST FOR BIKE RACE
A request from Dan Shuman to hold a bike race (Witches Cup) and use of city streets on
August 10, 2016 as well as serve and consume beer and wine in the Common was granted.
#287 – PETITION TO MEET WITH COUNCIL RELATIVE TO OTA JAPAN SISTER CITY OF
SALEM
A petition from Erin Dolan to meet with the City Council to discuss the City of Salem and
Ota’s Sister City Relationship as well as receiving funding and increasing participation in the
program was referred to the Committee of the Whole.
#288 – LICENSE APPLICATIONS
The following License Applications were granted.
PUBLIC GUIDES: Beth Crowley, 7 Forrester St., Salem
Benjamin Phillips, 89 Webb St., Salem
#289 – #290 LICENSE APPLICATIONS
The following License Applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
TAG DAYS: Polish Legion of Americans, August 9, 2016
S.H.S. Marching Band, December 3, 2016
#291 – DRAINLAYER / CONTRACT OPERATOR LICENSE APPLICATION
The following Drainlayer/Contract Operator License was granted.
Hamilton Construction, 338 Grapevine Rd., Wenham
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APRIL 28, 2016
#292 - BOND
The following Bond was referred to the Committee on Ordinances, Licenses and Legal
Affairs and returned approved.
DRAINLAYER: Hamilton Construction, 338 Grapevine Rd., Wenham
On the motion of Councillor Sargent the meeting adjourned at 10:10 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK