MINUTES - Regular - 9/22/2016
CITY OF SALEM
SEPTEMBER 22, 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,
September 22, 2016 at 7:00 P.M. for the purpose of transacting any and all business. Notice
of this meeting was posted on September 20, 2016 at 1:03 P.M. This meeting is being
taped and is live on S.A.T.V.
Councillor Milo was recorded as absent.
Council President Turiel presided.
Councillor Famico 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
Councillor Eppley requested and received unanimous consent for suspension of the rules to
to allow the Mayor to address the City Council and to swear in three (3) new promotions to the
Fire Department. Chief Cody introduced the following Deputy Chief Dennis Levasseur, Michael
Leonard and Lt. Benjamin Potvin. The Mayor gave the oath to the firefighters.
Councillor Eppley requested a one-minute recess.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#470 – HEARING ON VERIZON AND MASS. ELECTRIC FOR A JOINTLY OWNED POLE ON
SILVER STREET
A hearing was held on the Order of Verizon and Mass. Electric to install one new jointly-
owned pole on the northerly side of Silver Street
Appearing in favor:
A representative from Verizon stated the pole line with guidewire is near a
Tree and needs to be replaced.
Appearing in opposition:
Eric Duhaim 3 Nichols Street stated the tree fell already and he has called trying to get the tree
Taken down. Now it fell and the guide wire needs to be taken off. It was attached to the tree.
Cindy Nigro 30 Nichols Street stated the top of the tree fell during hurricane Irene 5 years ago.
At the end of June if finally fell and took 3-4 days before the cable was removed.
Councillor Gerard moved that the hearing be closed. It was so voted.
Councillor Gerard moved it be granted.
Councillor Famico moved to request Verizon to donate a tree.
Councillor Dibble requested two trees from Verizon and National Grid.
Councillor Eppley stated do not include LORAX Committee to request.
(#420) - APPOINTMENT OF MARY LAUBY TO BOARD OF HEALTH
Held from the last meeting, the Mayor’s appointment of Mary Lauby, 8 Riverbank Rd.,
Salem, to serve as a member of the Board of Health with a term to expire on July 21, 2019, was
confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent.
Councillor Dibble moved suspension of the rules to allow Ms. Lauby to speak. No objections
(#421) – APPOINTMENT OF COLBY MILLER TO THE BEAUTIFICATION COMMITTEE
Held from the last meeting, the Mayor’s appointment of Colby Miller, 12 Winthrop St.,
Salem, to serve as a member of the Beautification Committee with a term to expire on July 21,
2019.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
Councillor Ryan moved that rule 29A be suspended.
The appointment was confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent.
#471 – APPOINTMENT OF JAMES FALLON TO THE PUBLIC ART COMMISSION
The Mayor’s appointment of James Fallon, 1 Hibernia Way, to serve as a member of the
Public Art Commission with a term to expire on September 22, 2018, was held under the rules until
the next meeting.
#472 – APPOINTMENT OF GAIL KUBIK TO THE RENEWABLE ENERGY TASK FORCE
The Mayor’s appointment of Gail Kubik, 48 Howard St., to serve as a member of the
Renewable Energy Task Force with a term to expire on September 22, 2010, was held under the
rules until the next meeting.
#473 – CONSTABLE
The Mayor’s appointment of Marc Salinas to serve as a Constable with a term to expire on
September 8, 2017, was received and placed on file.
#474 - CONSTABLE
The Mayor’s reappointment of Brady Campusano to serve as a Constable with a term to
expire on September 25, 2019, was received and placed on file.
#475 – APPROPRIATION TO “DPS – BURIAL ACCOUNT”
The following Order recommended by the Mayor was adopted.
ORDERED: that the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated
from “Receipts Reserved funds” listed below to the Department of Public Services Burial Account
in accordance with the recommendation of Her Honor the Mayor.
Receipts Reserved– Sale of Lots” to “DPS – Burial” account $15,000
Receipts Reserved – Sale of Vaults to “DPS – Burial” account $15,000
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#476 – APPROPRIATION FROM RETIREMENT STABILIZATION VACATION/SICK LEAVE
BUYBACK ACCOUNT
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 in the “Retirement Stabilization Vacation/Sick Leave Buyback” account to be
expended for the negotiated sick leave buyback provision as needed in accordance with the
recommendation of Her Honor the Mayor.
#477 – APPROPRIATION FROM RETIREMENT STABILIZATION VACATION/SICK LEAVE
BUYBACK ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: that the sum of Seven Thousand Five Dollars and Nineteen Cents ($7,005.19)
is hereby appropriation in the “Retirement Stabilization Vacation/Sick Leave Buyback” account to
be expended for the FY2017 contractual buyback listed below in accordance with the
recommendation of Her Honor the Mayor.
William Woolley Park & Rec 1,266.73
Thomas O’Shea DPS 5,738.46
#478 – DONATION TO SALEM PARK & RECREATION ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: To accept the donation(s) listed below totaling One Thousand and Five
Hundred Dollars ($1,500.00). These funds will be deposited into the Salem Park & Recreation
Fund as listed in accordance with the recommendation of Her Honor the Mayor.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#479 – DEED TO CONVEY A CERTAIN PARCEL OF PARK LAND TO NORTH SHORE
MEDICAL CENTER
The following Order recommended by the Mayor was referred to the Committee on
Ordinances, Licenses and Legal Affairs co-posted with Committee of the Whole.
ORDERED: The Mayor, on behalf of the City of Salem, is hereby authorized, pursuant to
the Acts of 2016, to execute a deed to convey to North Shore Medical Center Inc., a certain parcel
of dedicated city of Salem park land adjacent to Bertram Field comprising 1,219 square feet and
shown as “Parcel of Land Salem, 55 Highland Avenue”, prepared by North Shore Survey
Corporation and dated April 28, 2015 (hereinafter “the Plan”) in exchange for a deed from North
Shore Medical Center, Inc. to the City of Salem for a parcel of land 6,298 square foot parcel of land
adjacent to Bertram Field, shown as “Parcel A” on the Plan.
Be it further Ordered that Parcel A is hereby dedicated for park purposes pursuant to
Massachusetts General Law Chapter 45, Section 3.
#480 – PARKING RATES EFFECTIVE OCT. 1 THROUGH OCT. 31, 2016
The following Order recommended by the Mayor was amended as follows:
The City of Salem lot at the MBTA station shall be made available for use by the Salem residents
only at no cost for weekends in October. Adopted as amended.
ORDERED: The daily weekend and holiday rate for parking in the South Harbor Garage,
Museum Place Garage and Church Street lot, excluding the East lot adjacent to St. Peter’s Street,
shall be $20.00 effective October 1, 2016 through and including October 31, 2016. The daily rate
commences at 2:00 A.M. and concludes the following day at 1:59 A.M.
Be it further ordered that any Salem resident who presents valid identification at the Church
Street Parking Lot shall not be subject to the $20.00 fee and the City of Salem lot at the MBTA
Station shall be made available for use by Salem residents only at no cost for weekends in
October.
#481 – AUTHORIZED SALEM YOUTH ORGANIZATION TO STAFF PARKING LOT AND
COLLECT PARKING FEE
The following Order recommended by the Mayor was adopted.
ORDERED: The following Salem Youth Organizations are hereby authorized to staff the
parking lot at 297 Bridge Street and collected at designated dates and times, for the benefit of the
organization, a parking fee of $20.00 per day:
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
a) Salem High School Music Boosters: October 9, 15, and 21, 2016 at 6:00 PM and
October 31, 2016 at 2:00 PM
b) Salem High School Football Boosters: October 16 and 23, 2016 at 10:00 AM
c) Salem Youth Football: October 22 and 29, 2016 at 10:00 AM
d) Salem High School Drama Club: October 28, 2016 at 6:00 PM and October 30, 2016 at
10:00 AM.
#482 – ORDINANCE AMENDING CH. 24 – OFFENSES AND MISCELLANEOUS PROVISIONS
The following Ordinance recommended by the Mayor was adopted for first passage as
amended.
Amendment: b) fine of $50.00 for each offense be increased to fine of $300.00 for each offense
Adopted
In the year Two Thousand and Sixteen
An Ordinance to amend an Ordinance relative to 33 Proctor Street
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 24 – Offenses and Miscellaneous Provisions is hereby amended by
adding a new section as follows:
“Section 24-29. Proctor’s Ledge – Entry between dusk and dawn prohibited.
a) Prohibited. Entry onto city-owned property at 33 Proctor Street, known as Proctor’s
Ledge, is prohibited between dusk and dawn.
b) Penalty. Any person in violation of this section shall be subject to a fine of $300.00 for
each offense”
Section 2. This Ordinance shall take effect as provided by City Charter.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#483 – ORDINANCE AMENDING CH. 32 – POLICE
The following Ordinance recommended by the Mayor was referred to the Committee on
Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole.
In the year Two Thousand and Sixteen
An Ordinance to amend an Ordinance relative to Constables
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 32 – Police is hereby amended by deleting Section32-19 – Constables
in its entirety and replacing it with the following:
Section 32-19, - Constables
(a) Pursuant to G.L. Chapter 41, Section 92, the mayor may appoint constables. Such
appointments shall be made for a term not to exceed three years. An application for
appointment as constable shall be accompanied by a non-refundable application fee of
$50.00 to cover the City’s cost of processing. There shall also be a fee of $35.00 for
each year of the appointment, payable to the city upon application which shall be
refunded in the event the application is not approved. The total number of constables at
any one time, shall not exceed 50, at least half of whom shall be residents of the city. No
new constables shall be appointed until the number is reduced to fewer than half of the
existing constables. All individuals currently holding valid constable appointments shall
not be prevented from continuing to serve due to these limits so long as they file for
reappointment and meet the requirements contained herein. No fees or limits shall apply
to any city employees who are appointed to serve as constables as a part of their city
job.
(b) Applicants for constable must be at least 21 years of age and submit a written resume
and completed application to the mayor containing such information reasonably required
by the city for use in determining the fitness, reputation and character of the applicant to
hold the office of constable. All applicants for appointment or reappointment as
constable shall, as part of the application, consent in writing to a background
investigation and a Criminal Offender Record Information (CORI) report. These
application materials shall be forwarded to the police chief who shall conduct an
investigation and make a recommendation to the mayor as to the individual’s fitness to
serve as a constable. Pursuant to M.G.L., Ch. 41, Sec. 91B, the application shall include
a statement as to the moral character of the applicant signed by a minimum of five (5)
citizens of the community in which he/she resides, one of whom must be an attorney. All
constables shall also be subject to the fingerprinting requirements of Sec. 14-46, and
shall, once appointed, receive a photo identification badge.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
(c) Immediately upon appointment, a constable must submit to the city clerk a surety bond in
the amount of $5,000 pursuant to the provisions of M.G.L., Chap. 41, Sec. 92. Said bond
shall be maintained throughout the term of the constable’s appointment.
(d) Constables appointed pursuant to this ordinance shall be subject at all times to the
orders as well as any rules and regulations pertaining to constables issued by the police
chief. No constable appointed by the city shall wear a uniform similar to that of the
appointed officers of the city’s police department, or to that of any other appointed police
officers within the Commonwealth, or otherwise attempt to present themselves as an
appointed police officer. A constable who possesses a valid license to carry a firearm
shall not wear the weapon as a visible part of any uniform or otherwise exhibit the
weapon on his/her person while exercising duties as a constable. The mayor may, with
the approval of the city council, revoke the appointment of a constable for gross
misconduct. Gross misconduct shall include, but not be limited to: (1) failure to follow the
police chief’s orders; (2) violation of the rules and regulations governing constables; (3)
violation of any provision of this section; and (4) criminal acts in violation of the laws of
the United States or any local jurisdiction.
Section 2. This Ordinance shall take effect as provided by City Charter.
#484 – HOME RULE PETITION FOR ADDITIONAL LIQUOR LICENSES
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 for certain additional
liquor licenses notwithstanding the provisions of Section 17 and 17A of chapter 138 of the General
Laws as set forth below, be filed with an attested copy of this Order be, and hereby is, approved
pursuant to 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 City of Salem to convert certain seasonal liquor licenses to annual
licenses and grant additional licenses for the sale of all alcoholic beverages to be drunk on the
premises.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
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.
(a) Notwithstanding section 17 and 17A of chapter 138 of the General Laws, the licensing
authority of the city of Salem may:
1) Grant 1 additional license for the sale of all alcoholic beverages to be drunk on the premises
pursuant to section 12 of said chapter 138 to ZXE, LLC, d/b/a Merchant Hotel, to be located
at 148 Washington Street;
2) Grant 1 additional license for the sale of wine and malt beverages to be drunk on the
premises pursuant to section 12 of said chapter 138 to Brew on the Grid Salem, LLC, d/b/a
Brew on the Grid, to be located at 217 Essex Street;
3) Grant 5 additional licenses for the sale of all alcoholic beverages to be drunk on the
premises pursuant to section 12 of said chapter 138 to establishments located within the city
of Salem’s B5 Central Business District, the Entrance Corridor Overlay Zoning Districts, or
Derby and Congress Streets; and
4) Convert 2 currently issued seasonal licenses for the sale of all alcoholic beverages to be
drunk on the premises under section 12 of said chapter 138, currently issued to Salem BC,
LLC, d/b/a Bonchon, located at 299 Essex Street and Salem Flatbread, LLC located at 311
Derby Street, to annual licenses for the sale of all alcoholic beverages to be drunk on the
premises under said section 12 of said chapter 138.
(b) The licensing authority shall not approve the transfer of a license granted pursuant to this
act to any other location, but it may grant the license to a new applicant at the same location if
the applicant files with the licensing authority a letter from the department of revenue and a
letter from the department of unemployment assistance indicating that the license is in good
standing with those departments and that all applicable taxes have been paid. If a license
granted pursuant to this act is cancelled, revoked or no longer in use, it shall be returned
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the
licensing authority and the licensing authority may then grant the license to a new applicant at
the same location and under the same condition as specified in this act.
SECTION 2. (a) The city of Salem shall charge a fee for the granting of an annual license for
the sale of all alcoholic beverages pursuant to this act, which shall be paid by the licensee at
the time of issuance, unless the licensing authority agrees to enter into a contract with the
licensee to allow the division of the fee into multiple payments over time from a licensee. If the
city elects to accept multiple payments over time from a licensee, the option shall be made
available, upon request, to all qualified applicants for a license.
(b) Any fee collected by the city of Salem for a license granted under this act which is
greater than the amount of the fee charged for an annual renewal of a similar license issued by
the city shall be deposited into the city’s economic development account and expended by it in
a manner consistent with the purposes of this account.
SECTION 3. This act shall take effect upon its passage.
#485 – ORDINANCE TRAFFIC, RESIDENT STICKER PARKING PRESTON 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 75, “Parking Prohibitions Towing Zone (Resident Sticker)”
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
Preston Road, Zone B, Color Red, Preston Road in it’s entirety, both sides between Sumner
Road and Jefferson Avenue, “Resident Sticker Parking only, Tow Zone”, Monday through
Friday 8:00 A.M. to 8:00 P.M.
Section 2. This Ordinance shall take effect as provided by City Charter.
#486 – ORDINANCE TRAFFIC, TOWING ZONE RAYMOND 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”
Raymond Avenue, northerly side starting at Lafayette Street and continuing for seventy (70)
feet in a westerly direction. “No Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
#487 – VETERANS SQUARE BE NAMED FOR CAPT. HENRY C. NICHOLS
Councillor Famico introduced the following Order, which was adopted.
ORDERED: That the intersection of Federal Street and Washington Street be designated as
a Veterans Square in honor of Captain Henry C. Nichols a Salem resident born and raised who
service to the United States Navy for the following Wars:
World War I
World War II
Korean War
And whose services to Salem following the wars was as follows:
Executive Director of Salem Chamber of Commerce
Executive Director for the oldest Boys & Girls Club (Salem Fraternity)
Established the Capt. William Driver Memorial (across from the Witch House)
Held a seat to volunteer on countless Salem Commissions and Boards
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
Took part in fighting the Great Salem Fire at the age of 17
Author of 2 maritime novels (Salem) and
Commended by Mayor Jean Levesque dedicating a sundial to Capt. Nicholas i8n Lapin
Park in 1978
#488 – ORDINANCE TRAFFIC, HANDICAP PARKING REPEAL DEARBORN STREET
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 50B, “Handicap Parking Limited Time”
Repeal Dearborn Street, in front of #12 for a distance of twenty (20) feet, “Handicap Parking
Tow Zone” (1/22/15)
Section 2. This Ordinance shall take effect as provided by City Charter.
#489 – ORDINANCE TRAFFIC HANDICAP PARKING UPHAM STREET
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 50B, “Handicap Parking Limited Time”
Upham Street, easterly side starting at a point twenty feet from Dearborn Street and
continuing in a southerly direction for twenty (20) feet, “Handicap Parking Tow Zone”
Section 2. This Ordinance shall take effect as provided by City Charter.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#490 – ORDINANCE AMENDING THE ZONING MAP FOR ENTRANCE CORRIDOR OVERLAY
DISTRICT TO INCLUDE JEFFERSON AVENUE
Councillor Lovely introduced the following Ordinance, which 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 the Zoning Map
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. The City of Salem Zoning map shall be amended by adding Jefferson Avenue as
a designated corridor with the Entrance Corridor Overlay District.
Section 2. This Ordinance shall take effect as provided by City Charter.
#491 – ORDINANCE TRAFFIC, OBEDIENCE TO ISOLATED STOP SIGN, WILLSON ROAD
Councillor Lovely 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 49, “Obedience to Isolated Stop Sign” Willson Road
northerly bound traffic on Willson Road stop at Cottage Street.
Section 2. This Ordinance shall take effect as provided by City Charter.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#492 – ORDINANCE TRAFFIC, HANDICAP PARKING ALLEN STREET
Councillor McCarthy 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” Allen Street
In front of #10 for a distance of twenty (20) feet.
Section 2. This Ordinance shall take effect as provided by City Charter
#493 – MONTHLY FINANCIAL REPORT FOR JULY AND AUGUST 2016
Councillor Eppley introduced the following Order, which was adopted.
ORDERED: that the Monthly Financial Report dated July and August 2016 be referred to the
Committee on Administration and Finance.
#494 – INCREASE IN WILD ANIMALS IN THE CITY
Councillor Eppley introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment co-posted with
Committee of the Whole meet to discuss the increase in wild animals in the city, including but not
limited to, coyotes, wild turkeys, etc.
#495 – REVIEW ORDINANCE CHAPTER 8, RELATIVE TO ANIMALS AND DOGS
Councillor Eppley introduced the following Order, which was adopted.
ORDERED: That the Committee on Public Health, Safety and Environment co-posted with
Committee of the Whole meet to review the current Chapter 8 Ordinance relative to Animals and
Dogs.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#496 – COMMITTEE MEET TO DISCUSS SEGWAY COMPLAINTS
Councillor Famico introduced the following Order, which was received after the deadline of
Tuesday noon and referred to the Committee on Ordinances, Licenses and Legal Affairs.
ORDERED: That the City of Salem licensed operators of any electronic assistance mobility
device a.k.a Segway company shall be invited to a meeting of the City Council Committee on
Ordinances, Licenses and Legal Affairs for the purpose of discussing and reviewing complaints
that Segway’s are operating on streets outside the designated route set forth in city ordinance
Chapter 42, Section 43A.
#497 – REVIEW THE MAP FOR SEGWAYS
Councillor Famico introduced the following Order, which was received after the deadline of
Tuesday noon and referred to the Committee on Ordinances, Licenses and Legal Affairs.
ORDERED: That the City Council Committee on Ordinances, Licenses and Legal Affairs
meet to discuss and review and make possible amendments to the language and maps of City
Ordinance Chapter 42, Section 43A relative to electronic personal assistance devices a.k.a
Segway’s.
#498 – SIXTY DAY TRIAL PERIOD PRESTON ROAD
Councillor Dibble introduced the following Order, which was received after the deadline of
Tuesday noon and referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted
with Committee of the Whole.
ORDERED: That a trial period of up to sixty (60) days on the following, Parking Prohibited
Towing Zone, Resident Parking only Preston Road between Jefferson Avenue and Sumner Road,
Monday through Friday 8:00 AM to 8:00 PM.
#499 – SIXTY DAY TRIAL PERIOD FORT AVENUE, HALLOWEEN RESIDENT STICKER
PARKING
Councillor McCarthy introduced the following Order, which was received after the deadline
of Tuesday noon and referred to the Committee on Ordinances, Licenses and Legal Affairs.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
ORDERED: That a trial period of up to sixty (60) days on the following Traffic
recommendation, Chapter 42, Section 75 “Parking Prohibited Towing Zone (Resident Sticker)
Halloween Resident Parking Fort Avenue both sides from Webb Street to #59 Fort Avenue,
resident parking October 1 to November 1.
#500 - SIXTY DAY TRIAL PERIOD FORT AVENUE, HALLOWEEN RESIDENT STICKER
PARKING
Councillor McCarthy introduced the following Order, which was received after the deadline
of Tuesday noon and referred to the Committee on Ordinances, Licenses and Legal Affairs.
ORDERED: That a trial period of up to sixty (60) days on the following Traffic
recommendation, Chapter 42, Section 75 “Parking Prohibited Towing Zone (Resident Sticker)
Halloween Resident Parking Derby Street from Webb Street to Fort Avenue, resident parking only
both sides October 1 to November 1.
#501 – (#234) M.O.U. BY SALEM STATE UNIVERSITY 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. It was voted to accept the report and
adopt the recommendation.
The Committee on Public Health, Safety and Environment co-posted with Committee of the
Whole to whom was referred the matter of a Memorandum of Understanding submitted by the
Salem State University Students relative to Clean Energy has considered said matter and would
recommend adoption.
#502 – (#398) CREATING AN ORDINANCE TO REDUCE PLASTIC BAGS
Councillor Gerard offered the following report for the Committee on Public Health, Safety
and Environment. It was voted to accept the report and adopt the recommendation.
The Committee on Public Health, Safety and Environment to whom was referred the matter
of creating an Ordinance regarding Plastic Bags and poly styrene food and beverage container
reduction in Salem has considered said matter and would recommend the matter remain in
Committee and it be co-posted with Committee of the Whole.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
Councillor Furey assumed the Chair.
#503 – (#287) CITY OF SALEM AND OTA’S SISTER CITY RELATIONSHIP
Councillor Turiel offered the following report for the Committee of the Whole. It was voted to
accept the report and adopt the recommendation,
The Committee of the Whole to whom was referred the matter of discussing the City of
Salem and Ota’s Sister City Relationship has considered said matter and would recommend that
the matter remain in Committee.
#504 – (#437) HOME RULE PETITION FOR ADDITIONAL LIQUOR LICENSES
Councillor Turiel offered the following report for the Committee of the Whole. It was voted to
accept the report and adopt the recommendation.
The Committee of the Whole to whom was referred the matter of a Home Rule Petition for
an additional liquor license for Ragazza Hospitality Group located at 41 Lafayette Street (Kokeshi
Restaurant) has considered said matter and would recommend that the attached Home Rule
Petition be adopted as amended.
Councillor Turiel resumed the Chair
#505 – SOLICITOR SUBMITTING AN ORDINANCE AMENDING CH. 36 SOLID WASTE
MANAGEMENT
City Solicitor Elizabeth Rennard submitted the following Ordinance amendment of
Chapter 36, Solid Waste Management. It was referred to the Committee on Ordinances, Licenses
and Legal Affairs co-posted with Committee of the Whole.
In the year two thousand and sixteen
An Ordinance to amend an Ordinance relative to Solid Waste Management
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 36 is hereby amended as follows:
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
1) Section 36-4 Pickup of Large Items is hereby amended by deleting the first paragraph in
its entirety and replacing it with the following:
“Bulk items such as mattresses and furniture shall be collected by appointment by the
City’s solid waste collection contractor. E-Waste, including computers and televisions,
and appliances may be recycled at quarterly collection events scheduled by the City
Engineer. The City may charge a fee for the disposal of certain items.”
2) Section 36-5 Residential Curbside Solid Waste and Recycling Collection is hereby
amended by deleting the first paragraph in its entirety and replacing it with the following:
“The City shall provide weekly municipal curbside solid waste and bi-weekly recycling
collection to all owner-occupied residential units and non-owner occupied rental units
serviced by the municipal collection contract at the time this section is adopted.”
3) Section 36-6 Collection Fee for Certain Residents is hereby amended by adding the
following to the end of the first sentence in Section 36-6 (f):
“If evidence of ownership and an affidavit is filed with the City Engineer within 45 days of
purchase of property or change in deed.”
4) Section 36-8 Collection Fee for Certain Commercial Establishments is hereby amended
by adding the phrase “per commercial unit” at the end of the first sentence of this
section.
Section 2. This Ordinance shall take effect as provided by City Charter.
#506 – POLE LOCATION ON HIGHLAND AVENUE
A hearing was ordered for September 29, 2016 on the petition from National Grid to install a
pole on Highland Ave.
#507 – EXTENDED HOURS OF OPERATION FOR DOMINO’S PIZZA
A hearing was ordered for October 13, 2016 on the petition from Boston Pie Inc., dba
Domino’s Pizza located at 4 Canal Street requesting extended business hours. These hours will
be until 1:00 A.M. Sunday through Thursday and until 2:00 A.M. Friday through Saturday
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#508 – REQUEST FOR ZOMBIE WALK
A request from Adam Fitch and Matt Richard to hold a Walk (Zombie Walk) and use of city
streets on October 1, 2016, was granted.
#509 – FIESTA SHOWS TO HOLD A CARNIVAL IN OCTOBER
th
A request and application from Fiesta Shows to hold a Carnival from October 14 – October
st
31 at 289 Derby Street from 3-9pm weekdays and Noon – 10pm weekends, was granted.
#510 - #512 LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES: Patricia Bridgman, 5 Harbor Rd. Gloucester
David Pszenny, 21 Thomas Cir., Salem
Melissa Nierman, 26R Chestnut St., Salem
Thomas Alley, 4 Horton St., Salem
TAXI OPERATORS: Cristian Toribio, 20 Dow St., Salem
Rafael Gomez Burgos, 18 Peabody St., Salem
Ramon Burgos, 14 Mason St., Salem
Edwin Carmona, 100 Rainbow Ter., Salem
Kevin Munoz Polanco, 46 Peabody St., Salem
Kevin Guilfoyle, 14 Douglass St., Lynn
Juan Pena, 52 Tremont St., Salem
Juan Torres, 2 Hancock St., Salem
VEHICLE FOR HIRE Jeffrey Trott, 21B Andrew St., Salem
OPERATOR ONLY:
#513 – TAXI OPERATOR APPLICATION
The following license application was denied.
TAXI OPERATOR: Jeffrey Suazo, 55 Rock Ave., Lynn
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#514 – #515 TAG DAY APPLICATIONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
TAG DAY: SHS Marine JROTC, 10/16/16, 10/30/16, 11/3/16, 11/19/16, 12/4/16, 12/18/16
SHS Boys Hockey, 12/11/16 & 1/8/17
#515 - #526 CLAIMS
The following claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
Ryan Buckley, 21 Goodell St., Salem
Albert Carnevale, 721 Barefoot Blvd, Barefoot Bay, FL
Erin Cyr, 22 Lathrop St., Salem
Yelpatora Marina, 3 Cedar Knoll, Boxford
Bobby Jo Burris, 106 Liberty St., North Adams
Shubh Joshi, 170 Central St., Somerville
Alicia Brady, 120 Washington St., Salem
Nicholas Dell’Orfano, 62 Moffatt Rd., Salem
Erin Huggard, 75 Summer St., Salem
John Serlis, 47 Glidden St., Beverly
Subrogated
Claim Jason Stone Injury Lawyers (for Carol Roberts), 55 Franklin St., Boston
#527 - #529 DRAINLAYER / CONTRACT OPERATION LICENSES
The following Drainlayer/Contract Operator license applications were granted.
New England Electrical Contracting Corp., 21 Marion Dr., Kingston
R. DiLisio Co. Inc., 113 Fayette St., Lynn
J. Masterson Construction, 46 Prince St., Danvers
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
#530 - #535 BONDS
The following bonds were referred to Committee on Ordinances, Licenses and Legal Affairs
and returned approved.
CONSTABLE: Marc Salinas, 218 Wilson Rd., Nahant
Brady Campusano, 120 Haverhill St., Lawrence
DRAINLAYER: New England Electrical Contracting Corp., 21 Marion Dr., Kingston
DiLulis Brothers, 31 Collins St. Terrace, Lynn
SIGN: New England Dog Biscuit Co., 7 Central St., Salem
Turtle Alley, 177 Essex St., Salem
(#441) – SECOND PASSAGE ORDINANCE TRAFFIC, PARKING PROHIBITED FRANCIS
ROAD
The matter of second passage of an Ordinance amending Traffic, Ch. 42, Sec. 74, “Parking
Prohibited Tow Zone” Francis Road, was then taken up. It was adopted for second and final
passage.
(#447) – SECOND PASSAGE ORDINANCE TRAFFIC, HANDICAP PARKING REPEAL
PRESCOTT STREET
The matter of second passage of an Ordinance amending Traffic, Ch. 42, Sec. 50B
“Handicapped Parking Repeal Prescott Street, was then taken up. It was adopted for second and
final passage.
(#448) – SECOND PASSAGE ORDINANCE TRAFFIC, GENERAL PROHIBITION TOW ZONE
JEFFERSON AVENUE
The matter of second passage of an Ordinance amending Traffic, Ch. 42, Section 74,
“General Prohibitions, Tow Zone” Repeal Jefferson Avenue, was then taken up. It was adopted for
second and final passage.
CITY OF SALEM
SEPTEMBER 22, 2016
REGULAR MEETING OF THE CITY COUNCIL
(#451A) – SECOND PASSAGE ORDINANCE TRAFFIC, HEAVY VEHICLES PROHIBITED
SUMMER ST. AND WINTHROP ST.
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 45, “Heavy
Vehicles Prohibited Summer Street and Winthrop Street, was then taken up. It was adopted for
second and final passage.
(#451B) – SECOND PASSAGE ORDINANCE TRAFFIC, HEAVY COMMERCIAL VEHICLES
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 45A, “Heavy
Commercial Vehicles over 26,001 pounds prohibited Willson Street, was then taken up. It was
adopted for second and final passage.
(#451B) – SECOND PASSAGE ORDINANCE TRAFFIC, HEAVY COMMERCIAL VEHICLES
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 45A, “Heavy
Commercial Vehicles over 26,001 pounds prohibited Willson Street, was then taken up. It was
adopted for second and final passage.
(#451C) – SECOND PASSAGE ORDINANCE TRAFFIC, COMMERCIAL VEHICLES
PROHIBITED PAKRING IN RESIDENTIAL DISTRICTS
The matter of second passage of an Ordinance amending Traffic Ch. 42, Sec. 55B,
“Commercial Vehicles Prohibited from Parking in Residential Districts, was then taken up. It was
adopted for second and final passage.
(#452A) – SECOND PASSAGE ORDINANCE OPERATIVE AIR PUMP
The matter of second passage of an Ordinance amending Ch. 14 Sec. 44 Operative air
pump required to store fuel, was then taken up. It was adopted for second and final passage.
On the motion of Councillor Furey the meeting adjourned at 9:13 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK