MINUTES - Regular - 6/23/2016
City of Salem, Massachusetts
Office of the City Clerk
Cheryl A. LaPointe
City Clerk
Page 1
June 21, 2016
MEETING NOTICE AND AGENDA
“Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A ss. 18-25, and
City Ordinance Sections 2-2028 through 2-2033.”
The City Council will meet in the City Council Chamber on Thursday, June 23, 2016 at 7:00 P.M. to hold its
regular meeting for the purpose of discussing any and all business.
The Agenda for this meeting is posted on the website and also listed below.
Very truly yours,
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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CITY OF SALEM
JUNE 23, 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,
June 23, 2016 at 7:00 P.M. for the purpose of transacting any and all business. Notice of
this meeting was posted on June, 21, 2016 at 10:50 A.M. This meeting is being taped and
is live on S.A.T.V.
All Councillors were present.
Council President Turiel presided.
Councillor Milo 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.
President Turiel announced there is a swearing in of firefighter promotions and new fire fighters.
Mayor Driscoll swore in the firefighters,
There was a two-minute recess to clear the Chambers.
PUBLIC TESTIMONY
1. Jeff Cohen – 12 Hancock St. – Renewable Energy Resolution and the appointment of
Alexander Mitchell-Munevar
2. Sarah Murphy - - CPA Funding for Bates School
3. Teasie Riley-Goggin – 9 Wisteria St. – Capital Improvement Project Bonds
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#385 – (#373) HEARING FOR CONDUIT ON SUMMER STREET
A hearing was held on the Order from National Grid to install a conduit on Summer Street.
Appearing in favor:
Sabitah Mahabier-Sheehy - representative from National Grid, she stated this was needed to
provide services to a pole for cell tower.
Councillor Famico – asked if the project can be coordinated with other city improvements to this
area.
Ms. Sheehy stated we can look into it
No one was recorded opposed.
Councillor Famico moved the hearing be closed. It was so voted.
Councillor Famico moved that the order be granted. It was so voted.
#386 – APPOINTMENT OF MICHAEL QUIGLELY TO THE YOUTH COMMISSION
The Mayor’s appointment of Michael Quigley to serve as a member of the Salem Youth
Commission with a term to expire on June 23, 2017, was held until the next meeting under the
rules.
#387 – APPOINTMENT OF ALEXANDER MITCHELL-MUNEVAR TO THE BOARD OF
REGISTRAR OF VOTERS
The Mayor’s appointment of Alexander Mitchell-Munevar to serve as a member of the Board
of Registrars of Voters with a term to expire on June 23, 2019, was held until the next meeting
under the rules.
Councillor Eppley moved that a City Seal be sent to Phil Saindon. It was so voted.
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#388 – REAPPOINTMENTS TO THE PLANNING BOARD
The Mayor’s reappointment of Kirt Rieder and Carole Hamilton to serve as members of the
Planning Board with their terms to expire on July 1, 2021, was confirmed by unanimous roll call
vote.
Councillors Dibble, Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Milo, Ryan, Sargent and
Turiel were recorded as voting in the affirmative.
#389 – APPROPRIATION TO “CITY COUNCIL – ADVERTISING ACCOUNT”
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Eight Thousand Dollars ($8,000.00) is hereby appropriated
from “Fund Balance – Free Cash” account to “City Council – Advertising” account to be
expended for advertising of the City Ordinances in accordance with the recommendation of Her
Honor the Mayor.
#390 – TRANSFER TO “COUNCIL ON AGING – BUILDING MAINTENANCE”
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Five Thousand fifty ($5,050.00) Dollars is hereby transferred
as listed below in accordance with the recommendation of Her Honor the Mayor.
“Council on Aging – Salaries Full Time” to “Council on Aging – Building Maintenance” $5,050.00
#391 – ACCEPT DONATION FROM SALEM STATE UNIVERSITY
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: To accept the donation from Salem State University in the amount of Seven Thousand
Dollars ($7,000.00) to upgrade Palmer Cove Basketball Court. These funds will be deposited into
the Park and Recreation Donation Fund in accordance with the recommendation of Her Honor the
Mayor.
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#392 – HOME RULE PETITION TO CONVEY PARK LAND TO N.S. MEDICAL CENTER
The following Order recommended by the Mayor, was referred to the Committee of the
Whole.
ORDERED:
That a petition to the General Court, accompanied by a bill authorizing the conveyance of a
parcel of park land in the City of Salem as set forth below, be filed with an attested copy of this
Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the
Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the
following legislation be adopted, except for amendments by the Senate or House of
Representatives which conform to intent of this home rule petition:
AN ACT authorizing the conveyance and change of use of a parcel of park land in the City
of Salem
Be it enacted by the Senate and House of Representatives in General Court assembled, and by
the authority of the same as follows:
SECTION 1. Notwithstanding any general or special law to the contrary, but subject to subsections
(a), (b) and (g) of section 16 of chapter 30B of the General Laws, the City of Salem, acting through
its Mayor and City Council, may convey to North Shore Medical Center, Inc. a certain parcel of
dedicated park land adjacent to Bertram Field comprising 1,219 square feet and shown as “Parcel
B” on a plan on file in the office of the City Clerk of Salem entitled “Plan of Land Salem, 55
Highland Avenue”, prepared by North Shore Survey Corporation and dated April 28, 2015.
SECTION 2. Notwithstanding any general or special law to the contrary, but subject to subsection
(e)(2) of section 16 of chapter 30B of the General Laws, and upon the conveyance of Parcel B
referenced in Section 1, the City of Salem shall acquire from North Shore Medical Center, Inc. a
6,298 square foot parcel of land adjacent to Bertram Field, shown as “Parcel A” on the plan
referenced in Section 1. Once acquired by the City, the City Council shall dedicate the land for park
purposes pursuant to Massachusetts General Law Chapter 45, Section 3.
SECTION 3. The City of Salem shall prepare and record in the Southern Essex District Registry of
Deeds a plan of land describing the precise boundaries of the parcels of land altered pursuant to
this act.
SECTION 4. This act shall take effect upon its passage.
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#393 – TWENTY YEAR LEASE AGREEMENT WITH NINE ZERO WASHINGTON LLC FOR
OFFICE SPACE OF CITY HALL ANNEX
The following Order recommended by the Mayor, was referred to the Committee of the
Whole.
ORDERED: That the Mayor is hereby authorized to execute a twenty (20) year lease with
Nine Zero Washington, LLC for 21,786 square feet of office space to house the City Hall Annex
offices commencing September 1, 2017 or thirty days after substantial completion of the leased
space, whichever date is later.
Be it further ordered that the space at 90 Washington Street well include indoor bicycle
storage for a minimum of twelve (12) bicycles and the opportunity for future storage expansion,
gender neutral “human” restrooms on all floors, at least one (1) shower for employee use, and a
welcoming/greeting area on the ground floor.
And, the Mayor shall establish a City Hall Annex Working Group, comprised of two (2) City
Councillors designated by the Council President and representatives from City Hall Annex
departments, to work with the Nine Zero Washington LLC’s architects to provide input into design
and layout of the City Hall Annex space.
#394 – REQUEST FROM MAYOR TO REVIEW PLANS FROM F.W.WEBB
A request from the Mayor that the City Council schedule a Committee of the Whole meeting
to review the revised plans from F.W. Webb was referred to the Committee of the Whole to hold a
meeting on June 30, 2016.
#395 – MONTHLY FINANCIAL REPORT
Councillor Eppley introduced the following, which was adopted.
ORDER: that the Monthly Financial Report dated May 31, 2016, be referred to the Committee on
Administration and Finance
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#396 – TAG DAY APPLICATION
Councillor McCarthy introduced the following Order, which was granted.
ORDERED: That the attached Tag Day Application for Salem High School Football on June
26, 2016 be granted
#397 – CREATE ORDINANCE REGARDING TREATMENT AND RIGHTS OF DOMESTIC
ANIMALS
Councillor Gerard introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs meet to discuss
the creation of an Ordinance relative to the treatment and rights of domesticated animals in Salem.
#398 – CREATE AN ORDINANCE REGARDING PLASTIC BAGS
Councillor Gerard introduced the following Order, which was adopted.
ORDER: That the Committee on Public Health, Safety and Environment meet to discuss the
creation of an Ordinance regarding plastic bags reduction and poly styrene food and beverage
container reduction in Salem.
#399 – ORDINANCE TRAFFIC PARKING PROHIBITED CERTAIN TIMES CERTAIN STREETS
Councillor Gerard 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 51B “Parking Prohibited Certain Times Certain Streets”
Repeal Howard Street, Westerly side beginning at the intersection of Bridge St. and
extending in a northerly direction for a distance of 94 feet, no parking between the hours of
7:00 AM and 6:00 PM (3/1/1984) and;
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
Section 2. Ch. 42, Sec. 75 “Parking Prohibitions Towing Zone (Resident Sticker)
Repeal Howard Street Section 75, Zone C, Color Green (Resident Sticker) (6/23/1988)
Section 3. This Ordinance shall take effect as provided by City Charter.
#400 – ORDINANCE TRAFFIC TOWING ZONES JEFFERSON 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 74 “General Prohibition Towing Zone”
Jefferson Avenue, westerly side from the driveway of number 356 in a southerly direction to
the crosswalk at Preston Road, No parking, tow zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
#401 – ORDINANCE TRAFFIC TOW ZONES SUMNER ROAD
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 74 “General Prohibition Towing Zone”
Sumner Road, westerly side between numbers 11 and 15 Sumner Road, No parking, tow
zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#402 – ORDER TO DISCUSS IN COMMITTEE THE HEAVY COMMERCIAL VEHICLE
ORDINANCE
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with
the Committee of the Whole meet to review Traffic Ordinance Chapter 42, Sec.45 “Heavy
Commercial Vehicles Prohibited – certain streets” and propose such revisions to the ordinance to
the full Council as the Committee may determine necessary
#403 – ORDER TO MEET AND DISCUSS AN ORDINANCE RELATIVE TO OPERATIVE AIR
PUMP REQUIRED TO STORE FUEL
Councillor Lovely introduced the following Order, which was adopted.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with
the Committee of the Whole meet to review Traffic Ordinance Chapter 14, Sec.44 “Operative air
pump required to store fuel” and propose such revisions to the ordinance to the full Council as the
Committee may determine necessary.
#404 – (#382 – #383) 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
TAG DAY: Salem High School JROTC, 7/10/16, 7/16/16, 8/7/16 &8/14/16
Salem Youth Football & Cheering, 10/8/16 & 10/29/16
Councillor Milo recused herself and left the Council Chambers.
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#405 – (#356) APPROPRIATION OF 1 MILLION DOLLARS FOR ROADWAY REPAIRS
Councillor Eppley offered the following report for the Committee on Administration and
Finance co-posted with Committee of the Whole. It was voted to accept the report and adopt the
recommendation.
The Committee on Administration and Finance co-posted with Committee of the Whole
to whom was referred the matter of an appropriation in the amount of $1,000,000.00 from the
Stabilization Fund to the Capital Outlay – Renovations and Repairs account for roadway repairs
has considered said matter and would recommend adoption.
Councillor Milo recused herself and left the Council Chambers
#406 – (#399, #476 of 2015) PARKING ISSUES ON HOWARD STREET
Councillor Gerard offered the following report for the Committee on Public Health, Safety
and Environment co-posted with Committee of the Whole.
Committee on Public Health, Safety and Environment co-posted with Committee of the
Whole to whom was referred the matter of Parking Issues on Howard Street has considered said
matter and would recommend Repealing Resident Sticker Parking and Parking Prohibited on
Westerly Side on Howard Street it was adopted for first passage.
Councillor Milo returned to the Chamber
Councillor Furey assumed the Chair.
#407 – (#234) M.O.U. FROM SSU STUDENTS RELATIVE TO CLEAN ENERGY
Councillor Gerard offered the following report for the Committee on Public Health, Safety
and Environment co-posted with Committee of the Whole.
The Committee on Public Health, Safety and Environment co-posted with Committee of the
Whole to whom was referred the matter of the Memorandum of Understanding submitted by Salem
State University Students relative to Clean Energy has considered said matter and would
recommend adoption of the following Resolution. It was voted to return the matter to the
Committee on Public Health, Safety and Environment co-posted with Committee of the Whole.
Councillor Turiel resumed the Chair.
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#408 – APPROPRIATION FROM CPA FUNDS FOR FY17 FUNDING FOR THE BATES SCHOOL
PLAYGROUND
A communication and Order from Jane Guy, Assistant Community Development Director
submitting an Order for an appropriation within the CPA Funds for FY 2017 to the account listed
below. This is an amendment to the original submission in FY2016, was received and filed and the
following Order was adopted.
ORDERED: That Fourth Thousand Dollars ($4,000.00) is hereby appropriated within the
CPA Funds for the FY 2017 projects listed below.
FY Fund Fund Name Description Amount
2017 2001 CPA General Funds Bates School Playground 4,000.00
#409 – BLOCK PARTY OLIVER STREET
A request from the residents of Oliver Street to hold a Block Party on July 4, 2016 from
11:00 A.M. to 9:00 P.M., was granted.
#409 – BLOCK PARTY CEDARCREST AVENUE
A request from the residents of Cedarcrest Avenue to hold a Block Party on July 24, 2016
from 1:00 P.M. to 8:00 P.M. with a rain date of July 30, 2016, was granted.
Councillor Gerard recused herself and left the Chamber
#410 – ROAD RACE WITCH CITY TRIATHLON
Request from Salem YMCA to hold a race (Witch City Triathlon) and use of city streets on August
13, 2016, was granted.
Councillor Gerard returned to the Council Chamber
#411 – PETITION TO EXTEND WORKHOURS
A petition from Iberdrola to extend normal workhours Monday through Friday only until 10:00
P.M., was granted. Councillor Sargent was recorded as opposed.
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#412 – #413 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES: Lara Jay, 126 Federal St., Salem
Johnbarry Green, 305 Salem St., Woburn
Charles Smith, 6 Fairview St., Danvers
Chris Dowgin, 11 Beacon St., Salem
Kristin Harris, 181 Federal St., Salem
VEHICLE FOR HIRE: Tammy Harrington, 21 Chase St., Beverly
OPERATORS ONLY Sheila Marshall, 1 Dahlia Ave., Peabody
Joel Cassidy, 35 March St., Salem
Anthony Meneades, 40 Allerton St., Lynn
Edward Murphy, 4 Paradise Rd., Ipswich
Ronald Olson, 154 Lafayette St., Marblehead
Jeffrey Howard, 14 Proctor St., Gloucester
Charles Galvin, 5 Warren St., Salem
Narciso Garcia, 264 Washington St., Peabody
Mark Gauthier, 40 Oak Avenue, Peabody\\
Linda Brown, 10 First St., Salisbury
Douglas Pilkington, 167 Haverhill St., Rowley
#414 – LICENSE APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.,
SECOND HAND VALUABLE: RAD Jewelers, 63A Wharf St., Salem
#415 - #417 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
Jill Fama, 18 Crowninshield St., Peabody
Christopher Payne, 3 Salt Wall Lane, Salem
Rachel Collins, 12 Harris St., Peabody
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
#418 – DRAINLAYER / CONTRACT OPERATOR LICENSE
The following Drainlayer/Contract Operator license was granted.
P.A. Fiore Construction, 183 Hart St., Beverly
Councillor Milo recused herself and left the Chamber
(#325) – SECOND PASSAGE BOND ORDER FOR FY2017 WATER/SEWER CIP
The matter of second passage of a Bond Order for the sum of $18,120,000.00 to pay costs
of capital equipment items and capital improvement projects for FY2017 CIP Water/ Sewer was
then taken up. It was adopted for second and final passage by a roll call vote of 10 yeas, 0 nays, 1
absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Ryan, Sargent and
Turiel were recorded as voting in the affirmative. Councillor Milo was recorded as absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
(list of projects can be viewed in the City Clerk’s Office during regular business hours)
Councillor Milo and Dibble were recused and left the Chamber
(#326) – SECOND PASSAGE BOND ORDER CAPITAL IMPROVEMENT PROJECTS
The matter of second passage of a Bond Order for the sum of $5,278,676.00 to pay costs of
capital equipment items and capital improvement projects in FY2017, was then taken up. It was
adopted for second and final passage by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors
Eppley, Famico, Furey, Gerard, Lovely, McCarthy, Ryan, Sargent and Turiel were recorded as
voting in the affirmative. Councillor Milo and Dibble were recorded as absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
(list of projects can be viewed in the City Clerk’s Office during regular business hours)
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CITY OF SALEM
JUNE 23, 2016
REGULAR MEETING OF THE CITY COUNCIL
(#330) – SECOND PASSAGE ORDINANCE AMENDING RATES FOR USE OF WATER
The matter of second passage of an Ordinance amending Chapter 46, Section 66 Rates for
Use of Water was then taken up. It was adopted for second and final passage.
(#331) – SECOND PASSAGE ORDINANCE AMENDING SEWER USE CHARGES
The matter of second passage of an Ordinance to amend an Ordinance relative to Chapter
46, Section 230 Sewer Use Charges, was then taken up. It was adopted for second and final
passage.
On the motion of Councillor Furey the meeting adjourned at 8:50 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK