MINUTES - Regular - 9/29/2016
CITY OF SALEM
SEPTEMBER 29, 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 29, 2016 at 7:00 P.M. for the purpose of transacting any and all business. Notice
of this meeting was posted on September 27, 2016 at 10:36 A.M. This meeting is being
taped and is live on S.A.T.V.
Councillor Ryan was recorded as absent.
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.
PUBLIC TESTIMONY
1. Kate Fox, Destination Salem – Bus Ordinance
#536 – HEARING POLE LOCATION FOR NATIONAL GRID ON HIGHLAND AVENUE
A hearing was held on the petition from National Grid for a pole location on Highland
Avenue.
Appearing in favor was Sabitah Mahabier-Sheehy, representative for National Grid, she stated this
is needed for the light pole.
Councillor Eppley voiced his support.
There was no one in opposition.
Councillor Eppley moved that the hearing be closed. It was so voted.
Councillor Eppley moved it be granted. It was so voted.
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
(#471) – APPOINTMENT OF JAMES FALLON TO THE PUBLIC ART COMMISSION
Held from the last meeting, the Mayor’s appt. 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
confirmed by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Dibble, Eppley, Famico,
Furey, Gerard, Lovely, McCarthy, Milo, Sargent and Turiel were recorded as voting in the
affirmative. Councillor Ryan was recorded as absent.
(#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 confirmed by a
roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard,
Lovely, McCarthy, Milo, Sargent and Turiel were recorded as voting in the affirmative. Councillor
Ryan was recorded as absent.
#537 – APPOINTMENTS TO THE TRAFFIC AND PARKING COMMISSION
The Mayor’s appointments of the following to the Traffic and Parking Commission with the
following terms to expire, were held under the rules until the next meeting on October 12, 2016.
Jamie Metsch, 18 Oliver St., Salem (Business Seat) September 29, 2019
Eric Papetti, 11 Symonds St., Salem (Resident Seat) September 29, 2017
Nicholas Downing, 10 Andrew St., Salem (Resident Seat) September 29, 2018
#538 – CONSTABLE
The Mayor’s appointment of Manuel Rabbit to serve as a Constable with a term to expire
September 13, 2017, was received and placed on file.
#539 – CONSTABLE
The Mayor’s appointment of Michael Panneton to serve as a Constable with a term to expire
on August 20, 2019, was received and placed on file.
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
#540 – ORDINANCE, TRAFFIC RESIDENT STICKER PARKING FAIRVIEW 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 75 “Resident Parking Zones”
Fairview Avenue, Zone B, Color Red, both sides in its entirety, resident sticker parking 8:00
AM to 8:00 PM, Monday through Friday “Resident Sticker Parking”
Section 2. This Ordinance shall take effect as provided by City Charter.
#541 – ORDINANCE, TRAFFIC PARKING PROHIBITED – REPEAL FAIRVIEW 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 51 “Parking Prohibited on Certain Streets”
Repeal Fairview Avenue, inside perimeter (9/21/71 DPW 5-480)
Section 2. This Ordinance shall take effect as provided by City Charter.
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
#542 – ORDINANCE, TRAFFIC HANDICAP PARKING BECKETT 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”
Beckett Street in front of #18 Beckett 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.
#543 – ORDINANCE, TRAFFIC HANDICAP PARKING REPEAL CONGRESS 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”
Repeal Congress Street in front of #79 Congress Street for a distance of twenty (20) feet.
“Handicap Parking only, Tow Zone” (6-9-2016)
Section 2. This Ordinance shall take effect as provided by City Charter.
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
#544 – ORDINANCE, AMEND ZONING MAP ADD PARADISE ROAD AS ENTRACE
CORRIDOR OVERLAY DISTRICT
Councillor Dibble 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 Salem 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 Paradise Road in its
entirety as a designated corridor with the Entrance Corridor Overlay District.
Section 2. This Ordinance shall take effect as provided by City Charter.
#545 – ORDINANCE, RELATIVE TO TOUR BUS PARKING
Councillor Famico introduced the following Ordinance, a motion to refer to Committee of the
Whole was defeated by a roll call vote of 4 yeas, 6 nays, 1 absent. Councillors Dibble, Lovely, Milo
and Sargent were recorded as voting in the affirmative. Councillors Eppley, Famico, Furey, Gerard,
McCarthy and Turiel were recorded as voting in the negative. Councillor Ryan was recorded as
absent.
In the year two thousand and sixteen
An Ordinance to amend an ordinance relative to tour bus parking and parking meters
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Sec. 11 – Bus Stops of Chapter 42 of the Traffic Code is hereby amended by deleting:
“Holyoke Square, Bus Stops, on the easterly side in a northerly direction, beginning twenty
(20) feet from Gedney Street and extending eighty (80) feet. Tour Bus Parking, Two Hour Limit.”
And replacing it with:
“Holyoke Square, Bus Stops, on the easterly side in a northerly direction, beginning twenty
(20) feet from Gedney Street and extending one hundred (100) feet. Tour Bus Parking, Two (2)
Hour Limit.”
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
Amendment to delete (100) and change to 160 feet and add after the word feet excluding 10 feet
on either side of the fire hydrant. Adopted
Adopted as amended by a roll call vote of 6 yeas, 4 nays, 1 absent. Councillors Eppley, Famico,
Furey, Gerard, McCarthy and Turiel were recorded as voting in the affirmative. Councillors Dibble,
Lovely, Milo and Sargent were recorded as voting in the negative. Councillor Ryan was recorded
as absent.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
In the year two thousand and sixteen
An Ordinance to amend an ordinance relative to tour bus parking and parking meters
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Sec. 11 – Bus Stops of Chapter 42 of the Traffic Code is hereby amended by deleting:
“Holyoke Square, Bus Stops, on the easterly side in a northerly direction, beginning twenty
(20) feet from Gedney Street and extending eighty (80) feet. Tour Bus Parking, Two (2) Hour
Limit.”
And replacing it with:
Holyoke Square, Bus Stops, on the easterly side in a northerly direction, beginning twenty
(20) feet from Gedney Street and extending one hundred sixty (160) feet excluding ten (10) feet on
either side of the fire hydrant. “Tour Bus Parking, Two (2) Hour Limit.”
Councillor Furey assumed the Chair
#546 - ORDINANCE, TRAFFIC PARKING TIME LIMITED UNMETERED ZONES
Councillor Turiel 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 Parking Time Limited; Unmetered Zones
Be it ordained by the City Council of the City of Salem, as follows:
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
Section 1. Chapter 42, Section 57A Parking Time Limited; Unmetered Zones is hereby
amended by inserting the following new parking prohibitions within this section:
Lafayette Street, westerly side, from corner of Ocean Avenue in a southerly direction to the
end of the driveway of 292 Lafayette: two (2) hour parking, Monday – Friday 8:00 AM to 6:00 PM
Ocean Avenue, northerly side, starting at Lafayette Street and running to the rear property
line of 284 Lafayette Street: two (2) hour parking, Monday – Friday 9:00 AM to 6:00 PM, Resident
parking also authorized.
Section 2. amend Section 57A by deleting the following:
Ocean Avenue, southerly side from Lafayette Street to the property line of #47 Ocean
Avenue, two (2) hour parking 8:00 AM to 8:00 PM, Tuesday through Saturday
And inserting in place thereof:
Ocean Avenue, southerly side from Lafayette Street to the property line of #47 Ocean
Avenue, two (2) hour parking 8:00 AM to 6:00 PM Monday through Friday
Section 3. This Ordinance shall take effect as provided by City Charter.
Councillor Turiel resumed the Chair.
#547 – EARLY VOTING TASK FORCE
Councillor Eppley introduced the following Order, which was adopted.
ORDERED: That the following recommendation submitted by the City Clerk to the Early Voting
Task Force be adopted by the full Council pending the approval of the remote sites by the Board of
Registrars per Mass. General Law:
nd
Mon. October 24 8:00 AM – 4:00 PM location: City Hall Ante room, 2 floor
Tues. October 25 8:00 AM – 4:00 PM “
Wed. October 26 8:00 AM – 4:00 PM “
Thurs. October 27 8:00 AM - 7:00 PM “
Fri. October 28 8:00 AM – 12:00 PM “
Thurs. October 27 8:00 AM – 7:00 PM Salem High School Auditorium
Fri. October 28 4:00 PM – 8:00 PM “
Sat. October 29 8:00 AM – 1:00 PM Salem Academy Ch. School
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
nd
Mon. October 31 8:00 AM – 4:00 PM location: City Hall Ante Room 2 floor
Tues. November 1 8:00 AM – 4:00 PM “
Wed. November 2 8:00 AM - 4:00 PM “
Thurs. November 3 8:00 AM – 7:00 PM “
Fri. November 4 8:00 AM – 12:00 PM “
#548 – (#514, #515) 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 be
granted:
Councillor Gerard and Famico recused themselves and left the Chamber.
#549 – (#479) DEED TO CONVEY TO NORTH SHORE MEDICAL CENTER A PARCEL OF
PARK LAND
Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs co-posted with 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 Committee of the
Whole to whom was referred the matter of authorizing the Mayor to execute a deed to convey to
NSMC a parcel of dedicated park land in exchange for a deed from NSMC to the City of Salem has
considered said matter and would recommend the matter remain in Committee.
Councillor Gerard and Famico returned to the Chamber.
#550 – (#483) AMENDING ORDINANCE RELATIVE TO CONSTABLES
Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs co-posted with 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 Committee of the
Whole to whom was referred the matter of amending an Ordinance relative to Chapter 32 –
Constables, has considered said matter and would recommend that the matter remain in
Committee.
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
#551 – (#505) AMENDING ORDINANCE RELATIVE TO SOLID WASTE
Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs co-posted with 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 Committee of the
Whole to whom was referred the matter of amending an Ordinance relative to Chapter 36 – Solid
Waste, has considered said matter and would recommend that the matter remain in Committee.
#552 – (#497) REVIEW ORDINANCE RELATIVE TO SEGWAYS
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 reviewing the Ordinance relative to the operation of electronic personal assistance mobility
devices (segways) has considered said matter and would recommend that the matter remain in
Committee.
#553 – (#496) COMPLAINTS RELATIVE TO SEGWAYS
Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses
and Legal Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter
of discussing various complaints about segways has considered said matter and would
recommend that the matter remain in Committee.
#554 – (#499) TRIAL PERIOD RESIDENT STICKER PARKING ON FORT AVENUE FOR
HALLOWEEN
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 a trial period for Resident Sticker Parking on Fort Avenue to be part of the Halloween Streets
has considered said matter and would recommend approval.
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
#555 – (#500) TRIAL PERIOD FOR RESIDENT STICKER PARKING DERBY STREET FOR
HALLOWEEN
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 a trial period for Resident Sticker Parking on Derby Street to be part of the Halloween Streets
has considered said matter and would recommend approval as amended to include Beckett
Avenue.
#556 – (#498) TRIAL PERIOD FOR RESIDENT STICKER PARKING PRESTON ROAD FOR
HALLOWEEN
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 a trial period for Resident Sticker Parking on Preston Road to be part of the Halloween Streets
has considered said matter and would recommend approval.
#557 - COMMUNICATIONS FROM PLANNING BOARD FOR REZONING 293 & 297 BRIDGE
STREET
Received after the deadline of Tuesday Noon under suspension of the rules and referred to
the Committee of the Whole.
Communication from the Planning Board with their recommendation on approval of the re-
zoning of 293 & 297 of Bridge Street to B-4 Wholesale and Automotive Zoning District which is
currently zoned as North River Canal Corridor.
(the full text of the recommendation can be viewed in the City Clerk’s Office during normal
business hours.)
#558 – PETITION FROM NATIONAL GRID FOR CONDUIT ON DERBY STREET/CENTRAL
STREET
A hearing was ordered on the petition from National Grid to install a conduit on Derby and
Central Streets.
CITY OF SALEM
SEPTEMBER 29, 2016
REGULAR MEETING OF THE CITY COUNCIL
#559 - #560 GRANTING CERTAIN LICENSES
The following license applications were granted:
PUBLIC GUIDE: Joanna Brown, 450B Paradise Rd., Swampscott
Gregory Townsend, 450B Paradise Rd., Swampscott
VEHICLE FOR HIRE
OPERATOR ONLY: Maureen Tanzella, 29 Eastern Ave., Beverly
On the motion of Councillor Furey the meeting adjourned at 8:20 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK