MINUTES - Regular - 12/8/2016
CITY OF SALEM
DECEMBER 8, 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,
December 8, 2016 at 7:00 P.M. for the purpose of transacting any and all business. Notice
of this meeting was posted on December 6, 2016 at 10:45 A.M. This meeting is being taped
and is live on S.A.T.V.
Councillor Lovely 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.
Councillor Turiel requested and received consent for suspension of the rules to allow Mayor
Driscoll to swear in five Fire Fighters.
Councillor Gerard requested a two (2) minute recess.
PUBLIC TESTIMONY
1. Jeff Cohen, 12 Hancock St. – purchase of 289 Derby Street
2. Claudia Paraschiv, 20 Fowler St. - purchase of 289 Derby Street
3. Bill Peterson, 4 Watson St. – purchase of 289 Derby Street
4. Emily Kane, 201 North Street – upgrades to McGlew Park
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
TAX CLASSIFICATION PUBLIC HEARING
A Public Hearing was held on the issue of allocating the local property tax levy among the four (4)
property Classes for the fiscal year of 2017, and the residential, open space, and small commercial
exemption options
Present are: Mayor Driscoll, Deborah Jackson Director of Assessor, Asst. Director Jim Bond,
Asst. Assessor Stephen Cortes
Board of Assessors: Richard Jagolta Chairman, Damian Johnson and Robert Millerick
President Turiel then turned the Public Hearing over to the Board of Assessors and the
Mayor.
Deborah Jackson City Assessor stated for the Tax Classification the recommended
Residential factor of 1.65 or .8727 57
A power point presentation was presented by the Board of Assessors for the Classification Hearing
The Assessor stated that the Levy Limit is $90,563,116 and the Tax Levy is $85,600,551
There was $1,851,206 new growth tax dollars
382 Condos, 201 Single family homes, 88 multi-family homes, and 27 Commercial/
Industrial properties.
Fiscal Year 2016 value a two (2) family was $345,600 for Fiscal Year 2017 it is $352,700 an
An increase of $178
The majority of sales is single families.
Rinus Oostook, Salem Chamber of Commerce – stated the commercial tax rate needs to be lower.
He read a list of businesses that closed in the last year or two.
Mayor Driscoll stated they did not close due to the Commercial rate.
Councillor Eppley asked how many of the businesses that closed got a T.I.F.
The Mayor responded none.
Councillor Eppley moved that the public hearing be closed. It was so voted.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#654 – APPOINTMENT OF JANINE LIBERTY TO THE PUBLIC ART COMMISSION
The Mayor’s appointment of Janine Liberty, 6 Maple Ave., to serve as a member of the
Public Art Commission for a term to expire on December 8, 2018, was held until the next meeting
under the rules.
#655 – APPOINTMENT OF CHRISSY KOBYLJANEC TO THE RENEWABLE ENERGY TASK
FORCE
The Mayor’s appointment of Chrissy Kobyljanec, 22 Warren St., to serve as a member of
the Renewable Energy Task Force for a term to expire on December 8, 2019, was held until the
next meeting under the rules.
#656 – APPOINTMENT OF CHRISTINE MADORE TO THE SALEM REDEVELOPMENT
AUTHORITY
The Mayor’s appointment of Christine Madore, 20 Federal St., to serve as a member of the
Salem Redevelopment Authority for a term to expire on December 8, 2021, was held until the next
meeting under the rules.
#657 – APPOINTMENT OF SAMUEL HOANG TO THE SALEM YOUTH COMMISSION
The Mayor’s appointment of Samuel Hoang (Ward 4) and Collin McLean (Ward 2) to serve
as members of the Salem Youth Commission for a term to expire on May 12, 2017, was held until
the next meeting under the rules.
#568 – CONSTABLE
The Mayor’s reappointment of Mark Snider to serve as a Constable with a term to expire on
November 8, 2019, was received and placed on file.
#659 – APPROPRIATION TO SPECIAL REVENUE FUNDS
The following Order recommended by the Mayor was adopted under suspension of the
rules.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
ORDERED: That the sum of Two Million, Four Hundred and Twenty-One Thousand, Three
Hundred and Eighty-Six Dollars and Ten Cents ($2,421,386.10) is hereby appropriated from
General Fund Balance Reserved for Free Cash to the following Special Revenue Funds. The
amount of free cash to be transferred is per the City’s Financial Policies and in accordance with the
recommendation of Her Honor the Mayor:
Stabilization Fund 20% 1,076,171.60
Capital Improvement Fund 20% 1,076,171.60
Other Post Employ Benefits (OPEB) 5% 269,042.90
#660 – APPROPRIATION TO RETIREMENT STABILIZATION FUND
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Five Hundred Thousand ($500,000.00) Dollars is hereby
appropriated from General Fund Balance Reserve for Free Cash to the following fund. This transfer
is request in accordance with the recommendation of Her Honor the Mayor.
Retirement Stabilization Fund $500,000.00
#661 – APPROPRIATION TO CONTRIBUTORY RETIREMENT ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Four Hundred Thousand ($400,000.00) Dollars is hereby
appropriated from the General Fund Balance Reserved for Free Cash to the following account.
This Transfer is requested in accordance with the recommendation of Her Honor the Mayor
Contributory Retirement Account $400,000.00
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#662 - COMMUNICATIONS FROM THE MAYOR
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of One Million, Two Hundred and Thirty-Eight Thousand, Three
Hundred and Ninety-Eight Dollars ($1,238,398.00) is hereby appropriated from the following
Receipts Reserved for Appropriation accounts to reduce the gross amount to be raised by taxation
when Fiscal Year 2017 tax rate is set in accordance with the recommendation of Her Honor the
Mayor.
Receipt Reserved – Witch House $208,398
R/Reserved – Golf Course $760,000
Receipts Reserved – Harbormaster $270,000
$1,238,398
#663 – APPROPRIATION TO REDUCE GROSS AMOUNT TO BE RAISED BY TAXATION
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of One Million Three Hundred Thousand Dollars ($1,300,000.00)
is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account
to reduce the gross amount to be raised by taxation when Fiscal Year 2017 tax rate is set in
accordance with the recommendation of Her Honor the Mayor.
#664 – ACCEPT SECTION 4, CHAPTER 73, ACTS OF 1986 FOR EXEMPTIONS
The following Order recommended by the Mayor was adopted.
ORDERED: That the City of Salem accept the provisions of Section 4, Chapter 73 of Acts of
1986 for Fiscal Year 2017, and that such additional exemptions granted by 100% of the statutory
exemption amounts, provided all other qualifications specified in said Section 4, Chapter 73 of the
Acts of 1986 are met.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#665 – APPROPRIATION TO RENOVATE MCGLEW PARK
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of One Hundred Thousand, Three Hundred and Eighty-Three
Dollars ($100,383.00) is hereby appropriated within the “Capital Outlay – Renovation & Repair”
account to cover the city’s share of the project to renovate McGlew Park by the Planning
Department in accordance with the recommendation of Her Honor the Mayor.
#666 – APPROPRIATION FOR DESIGN PHASE FOR BOSTON STREET ROADWAY
IMPROVEMENT PROJECT
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Eighty-Two Thousand, Eight Hundred and Fifty-Six Dollars
($82,856.00) is hereby appropriated within the “Capital Outlay – Renovation & Repair” account to
initiate design phase services for Boston Street Roadway Improvement Project by the Engineering
Department in accordance with the recommendation of Her Honor the Mayor.
#667 – APPROPRIATION TO PLANNING – CONTRACTERD SERVICES
The following Order recommended by the Mayor was referred to the Committee on
Administration and Finance co-posted with the Committee of the Whole under the rules.
ORDERED: That the sum of Thirty-Five Thousand Dollars ($35,000.00) is hereby
appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to
“Planning – Contracted Services” account in accordance with the recommendation of Her Honor
the Mayor.
Councillor Famico recused herself and left the Council Chamber
#668 – APPROPRIATION TO POLICE – MEDICAL ACTIVE ACCOUNT
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated
from the “Fund Balance Reserved for Appropriation – Free Cash” account to “Police – Medical
Active” account in accordance with the recommendation of Her Honor the Mayor.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
Councillor Famico returned to the Chamber
#669 – APPROPRIATION TO BE EXPENDED FOR REMOND PARK
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Three Thousand, Two Hundred and Thirty-Four Dollars
($3,234.00) is hereby appropriated within the “Capital Outlay - Equipment” account to be expended
for the Design, Fabrication and Installation of Interpretive Panel for Remond Park by the Planning
Department in accordance with the recommendation of Her Honor the Mayor.
#670 – APPROPRIATION FOR ELEVATOR REPAIRS AT THE LIBRARY
The following Order recommended by the Mayor was adopted under suspension of the
rules.
ORDERED: That the sum of Two Thousand, Four Hundred Dollars ($2,400.00) is hereby
appropriated within the “Capital Outlay – Renovation and Repair” account to be expended for
repairs to the main elevator in the Library in accordance with the recommendation of Her Honor the
Mayor.
Councillors Famico, Ryan and Gerard recused themselves and left the Council Chambers
#671 – IN ACCORDANCE WITH MGL C.44 S. 64 PAY OUTSTANDING POLICE DEPT.
INVOICES
The following Order recommended by the Mayor, was to be taken up on Monday December
19, 2016 meeting at 6:00 PM.
ORDERED: Per MGL Ch. 44 Sec. 64 which allows for a municipality to pay for prior fiscal
year invoices using current fiscal year appropriations by two-thirds vote of the City Council we
request the sum of Two Thousand, Three Hundred and Twenty-Four Dollars and Thirty-Two Cents
($2,324.32) of outstanding FY2016 Police Department invoices are hereby allowed to be paid from
Fiscal Year 2017 Police Budget as listed below in accordance with the recommendation of Her
Honor the Mayor.
Police North Shore Medical Center $2,324.32
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#672 – ACCEPT DONATION FOR THE PARK AND RECREATION DONATION FUND
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation listed below totaling One Thousand Four Hundred
Dollars of ($1,400.00). These funds will be deposited into the Salem Park and Recreation Fund
As listed in accordance with the recommendation of Her Honor the Mayor.
Williams Family Park & Rec. Donation Fund $1,400.00
#673 – ACCEPT DONATION FOR THE PARK AND RECREATION DONATION FUND
The following Order recommended by the Mayor, was adopted.
ORDERED: To accept the donation listed below totaling One Thousand Dollars ($1,000.00).
These funds will be deposited into the Salem Park and Recreation Fund as listed in accordance
with the recommendation of Her Honor the Mayor.
Von Wormer German Film Co. Park & Rec. Donation Fund $1,000.00
#674 – INSTALLATION OF A BENCH IN PATTON PARK DEDICATED TO THE LATE RAY
KRAJESKI
The following Order recommended by the Mayor, was adopted.
ORDERED: One of the newly installed bench in Patton Park on School Street is hereby
dedicated, and a plaque to be affixed thereto, in honor of the late Ray Krajeski was a lifelong
resident of Salem, spending most of his life in North Salem. He served our nation with distinction
during the Vietnam era where he attained the rank of Airman Second Class. He was an active
member of the American Legion and most importantly a devoted husband, brother, father and
grandfather.
#675 – LETTER FROM THE MAYOR WITH RECOMMENDATION OF SETTING THE TAX RATE
A letter from the Mayor with her recommendation of the setting of the current fiscal year tax
rate. The Mayor’s recommendation is to maintain the current 1.65 CIP split tax rate or (0.874987).
The current split maintains a reasonable balance between trying to provide relief to our
homeowners, while also trying to grow our commercial base, was received and placed on file.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#676 – RESIDENTIAL FACTOR
Councillor Eppley introduced the following Order which was adopted by a roll call vote of 10
yeas, 0 nays, 1 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, McCarthy, Milo, Ryan,
Sargent and Turiel were recorded as voting in the affirmative. Councillor Lovely was recorded as
absent.
ORDERED: That the City of Salem adopt a Residential Factor of .872757 % for fiscal year
2017.
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#677 - OPEN SPACE EXEMPTION
Councillor Eppley introduced the following Order which was adopted by a roll call vote of 10
yeas, 0 nays, 1 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, McCarthy, Milo, Ryan,
Sargent and Turiel were recorded as voting in the affirmative. Councillor Lovely was recorded as
absent.
ORDERED: That the City of Salem NOT adopt an OPEN SPACE EXEMPTION for Fiscal
Year 2017
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#678 - RESIDENTIAL EXEMPTION
Councillor Eppley introduced the following Order which was adopted by a roll call vote of 10
yeas, 0 nays, 1 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, McCarthy, Milo, Ryan,
Sargent and Turiel were recorded as voting in the affirmative. Councillor Lovely was recorded as
absent.
ORDERED: That the City NOT adopt a RESIDENTIAL EXEMPTION for Fiscal Year 2017
A motion for immediate reconsideration in the hopes it would not prevail was denied.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#679 - SMALL COMMERCIAL EXEMPTION
Councillor Eppley introduced the following Order which was adopted by a roll call vote of 10
yeas, 0 nays, 1 absent. Councillors Dibble, Eppley, Famico, Furey, Gerard, McCarthy, Milo, Ryan,
Sargent and Turiel were recorded as voting in the affirmative. Councillor Lovely was recorded as
absent.
ORDERED: That the City NOT adopt a SMALL COMMERCIAL EXEMPTION for Fiscal Year
2017
A motion for immediate reconsideration in the hopes it would not prevail was denied.
#680 – HOME RULE PETITIONS RELATIVE TO REDUCING THE CITY WIDE SPEED LIMIT TO
24 MPH
Councillor Furey introduced the following Order. The Order was amended and referred to
the Committee on Public Health, Safety and Environment co-posted with the Committee of the
Whole. And rule 31B be suspended to carry over the matter into 2017.
ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with
the Committee of the Whole meet to discuss a home rule petition reducing the speed limit to 25
mph city-wide in Salem and that the following be invited: Mayor or her representative., Police
Traffic, Traffic and Parking Director and the City Solicitor
#681 – ORDINANCE TRAFFIC, HANDICAP PARKING MT. VERNON STREET
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 50B “Handicap Parking Limited Time”, Mt. Vernon Street in
front of #14, for a distance of twenty (20) feet, Handicap Parking Tow Zone.
Section 2. This Ordinance shall take effect as provided by City Charter.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#682 – ORDINANCE TRAFFIC, HANDICAP PARKING REPEAL BECKET 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 Becket Street
in front of #18, for a distance of twenty (20) feet, Handicap Parking Tow Zone. (10/18/16)
Section 2. This Ordinance shall take effect as provided by City Charter.
#683 – (#645 - #647) 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 granting
certain licenses has considered said matter and would recommend that the following licenses be
granted
JUNK DEALER: 15 Robinson Road, LLC, 15 Robinson Road (for year 2017)
TAG DAYS: S.H.S. Winter Track, 1/15/17 & 2/4/17
S.H.S. Girls Lacrosse, 4/8/17 & 5/13/17
#684 – (#479) EXCHANGE OF DEEDS WITH NORTH SHORE MEDICAL CENTER
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 to execute a deed to convey to NSMC a parcel of
dedicated Park Land adjacent to Bertram Field in exchange for a deed from the NSMC to the City
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
of Salem which shall be dedicated for park purposes has considered said matter and would
recommend that the order be adopted as amended.
#685 – SUSPEND RULE 31B TO ALLOW MATTERS TO BE CARRIED FORWARD
Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses
and Legal. It was voted to accept the report and adopt the recommendation.
The Committee on Ordinances, Licenses and Legal to whom was referred the matter of
carrying matters forward has considered said matter and would recommend that Rule 31B be
suspended and the attached matters be carried into 2017
#686 – (#563, #600) PURCHASE OF 289 DERBY STREET
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 an order to authorize the Mayor to purchase property located at
289 Derby Street, on behalf of the City of Salem, for $1.4 Million. Said land shall be subject to an
open space preservation restriction has considered said matter and would recommend that the
matter remain in Committee
#687 - (#564, #601) BOND ORDER $1.4 MILLION FROM THE CPA
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 Bond Oder in the amount of $1,400,000 to be appropriated to
pay costs for the Community Preservation Act Project - The acquisition of 289 Derby Street for
recreation purposes and the payment of all costs incidental and related thereto has considered
said matter and would recommend that the matter to remain in committee
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#688 – (#565, #602) APPROPRIATION FROM CPA FOR 289 DERBY STREET
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. The matter
to be continued to December 19, 2016 at 6:00 PM.
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of an appropriation of $100,000 from CPA Funds to CPA-289
Derby St. Design & Costs has considered said matter and would recommend adoption
#689 – (#614, #689A)TAKING OF DERBY STREET BY EMINENT DOMAIN
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. The matter
to be continued to December 19, 2016 at 6:00 PM.
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of an order pursuant to MGL Ch. 79, that the City Solicitor shall
prepare and submit to the City Council all necessary documents including the Order of Taking, to
take by Eminent Domain, on behalf of the City of Salem, the property located at 289 Derby Street
has considered said matter and would recommend that the attached Order of Taking relative to the
taking of 289 Derby Street by Eminent Domain be adopted by roll call vote.
#689A – ORDER OF TAKING BY EMINENT DOMAIN 289 DERB STREET
A special meeting was ordered for December 19, 2016 on the following Order submitted by
the Mayor.
ORDERED:
WHEREAS: By Section 30 of Chapter 43, Section 14 of Chapter 40, and Chapter 79 of the
General Laws, all as amended, it is provided that the Salem City Council may
take in fee in the name of the City for any municipal purpose any land within
the limits of the City not already appropriated for public use; and
WHEREAS: The Mayor of Salem and City Council, in order to provide for municipal
purposes, including but not limited inter alia, providing public access to the
water on this parcel and in conjunction with abutters, to provide a waterfront
public walkway, creating a place for events that encourage public
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
engagement, community-driven programming, promotion of the arts, music
engagement, community-driven programming, promotion of the3 arts, music
and recreation, and for all purposes and uses accessory thereto including
dining concession, have approved and authorized that the City should, under
the provisions of the aforesaid Chapters of the General Laws, take and hold
for municipal purposes the parcel of land located at 289 Derby Street, Salem,
County of Essex, Massachusetts as hereinafter bounded and described;
WHEREAS: The fee owners of the parcel of land affected by the taking have been
identified and the value of the interests taken have been determined and
specified in Exhibit 1 hereto; and
WHEREAS: An appropriation, through a Bond Order, duly made by the City Council, is
sufficient to cover the expenses of acquisition as required by the aforesaid
Sections of Chapters 40 and 43; now therefore be it
ORDERED: By virtue of and in pursuance of the authority conferred by said Chapters of
the General Laws and by every other power and authority it thereto enabling,
the City of Salem by its City Council does hereby take the land located at 289
Derby Street, Salem, County of Essex, Massachusetts and hereinafter
described, and all privileges and appurtenances thereto belonging, for
municipal purposes including but not limited to providing public access to the
water on this parcel and in conjuncti8on with abutters, to provide a waterfront
public walkway, creating a place for events that encourage public
engagement, community-driven programming, promotion of the arts, music
and recreation and for all purposes and uses accessory thereto including
dining concession. Intending to take and hereby taking in fee simple all land
8included within such description by whomsoever the same may be owned,
vis:
A certain Parcel of wharf land, wharf and flats, located at 289 Derby Street, Salem, County of
Essex, Massachusetts lying on the southerly side of Derby Street (formerly called Water Street)
bounded and described as follows:
EASTERLY on land, wharf and flats formerly of Winn and Whittredge;
WESTERLY on land, wharf and flats now or formerly of Peter Lander;
NORTHERLY on Derby Street, measuring there from said Lander’s land to said Winn and
“Whittredge’s land, about one hundred twenty-eight (128) feet; and
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
SOUTHERLY on the channel of the South River with all the wharves thereon and docks
therein, with all privileges of dockage and all other privileges to any and every
part of the premises appurtenant.
Containing about 0.487 acres more or less,
For title to said Parcel of Land see Southern Essex Registry of Deeds Book 21356, Page 130.
Being the parcel of land shown on a plan of land entitled “Existing Features Plan. Sheet of 5, Scale
1” = 40’,” signed by Stephen P. DeCoursey, Professional Engineer, filed with the Southern Essex
Registry of Deeds at Plan Book 397, Plan 17.
The damages awarded with respect to said Parcel of Land are One Million Four Hundred
Thousand ($1,400,000) Dollars and the supposed owner of 289 Derby Street Realty Trust;
Now therefore be it
ORDERED: The taking of fee simple title in the Parcel of Land is hereby authorized in
accordance with General Laws, Chapter 40, Section 14, Chapter 43, Section
30 and Chapter 79, all as amended, for municipal purposes including, but not
limited to providing public access to the water on this parcel and in conjunction
with abutters, to provide a waterfront public walkway, creating a place for
events that encourage public engagement, community-driven programming,
promotion of arts, music and recreation and for all purposes and uses
accessory thereto including dining concession.
#690- (#615) BOND ORDER TO PAY COST FOR EMINENT DOMAIN TAKING
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. The matter
to be continued to December 19, 2016 at 6:00 PM.
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of a Bond Oder in the amount of $1,400,000 be appropriated to
pay costs for the Eminent Domain Taking of 289 Derby Street considered said matter and would
recommend that the matter be adopted for first passage.
#691 – (#41) ORDINANCE TO SEPARATE THE COUNCIL’S PAY FROM THE MAYOR’S PAY
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.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
The Committee on Administration and Finance co-posted with the Committee of the Whole
to whom was referred the matter of amending an ordinance relative to pay for the City Council
solely for the purpose of separating any future increase in the pay for the Mayor from any future
increase in pay for the City Council has considered said matter and would recommend that
the matter remain in committee.
#692 - COMMITTEE REPORTS
Councillor Eppley offered the following report for the Committee on Administration and
Finance. It was voted to accept the report and adopt the recommendation.
The Committee on Administration and Finance to whom was referred the matter of carrying
matters forward has considered said matter and would recommend that Rule 31B be suspended
and the attached matters be carried into 2017.
#693 – (#627) USE OF MUNICIPAL GARAGES AND LOTS
Councillor Milo offered the following report for the Committee on Community and Economic
Development co-posted with the Committee of the Whole. It was voted to accept the report and
adopt the recommendation.
The Committee on Community and Economic Development co-posted with the Committee
of the Whole to whom was referred the matter of discussing the use of Municipal Public Garages
and Surface Lots has considered said matter and would recommend that the matter remain in
committee and rule 31B be suspended to carry into 2017.
#694 – SUSPEND RULE 31B TO CARRY MATTERS INTO 2017
Councillor Milo offered the following report for the Committee on Community and Economic
Development Affairs. It was voted to accept the report and adopt the recommendation.
The Committee on Community and Economic Development Affairs to whom was referred
the matter of carrying matters forward has considered said matter and would recommend that Rule
31B be suspended and the attached matters be carried into 2017.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#695 - SUSPEND RULE 31B TO CARRY MATTERS INTO 2017
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 carrying matters forward
has considered said matter and would recommend that Rule 31B be suspended and the attached
matters be carried into 2017.
#696 – PETITION FROM VERIZON & MASS ELECT FOR JOINT POLE LOCATION
A hearing was ordered for January 12, 2017, on the petition from Verizon and Mass Electric
to install a jointly owned pole at #6 Lovett Street
#697 – INFLAMMABLE LICENSE APPLICATION FOR FOOTPRINT POWER
A hearing was ordered for January 12, 2017 on the application from Footprint Power for an
inflammable license to increase the gallons of inflammable liquids to be kept/stored above ground
for the property located at 24 Fort Avenue, Salem
#698 – LICENSE APPLICATIONS
The following license applications were granted.
PUBLIC GUIDES: Richard Jacobson, 72 Country Club Way, Ipswich
Christine Gandolfi-Piper, 40 Aborn St., Peabody
Kathyn Rutkowski, 2 Essex St., Salem
Leo Ward, 31 Crescent Ave., Beverly
Karen Scalia, 29RR Upham St., Salem
Seth Mascolo, 40 English St., Salem
Rory O’Brien, 20 West Ave., Salem
James Morfis-Gass, 123 Lynn St., Peabody
Brigitta Amsler, 286 Ocean Ave., Marblehead
William Clemens, 49 Summer St., Danvers
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#699 – TAXI OPERATOR LICENSE
The following Taxi Operator License was granted.
TAXI OPERATOR Steve Rosario, 99 Buffum St., Salem
#700 – DENIED TAXI OPERATOR LICENSES
The following Taxi Operator Licenses were denied.
TAXI OPERATOR Jael Pena, 52 Tremont St., Salem
Oscar Garcia, 9 Abbott St., Salem
#701 – #702 REQUESTS FOR HEARING
The following request from Jael Pena and Oscar Garcia to hold a hearing on the denial of
his Taxi Operator License, was referred to the Committee on Ordinances, Licenses and Legal
Affairs to hold an Executive Session.
#703 - #7106 – LICENSE APPLICATONS
The following license applications were referred to the Committee on Ordinances, Licenses
and Legal Affairs.
JUNKDEALER: Newark Recycled Fibers/North Shore Recycling, 53 Jefferson Ave., Salem
SEAWORM: Eduardo Santos, 4 Collins St., Salem
SECOND HAND Boston St. Resale, 134 ½ Boston St., Salem
CLOTHING:
SECOND HAND Glass and Etc., 180 Essex St., Salem
VALUABLE: Old Naumkeag Antiques, 1 Hawthorne Blvd, Salem
Tobies Jewelry, 140 Washington St., Salem
Jaqueline Satin, Antiques Gallery, 69 Wharf St., Salem
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
#707 - #710 CLAIMS
The following Claims were referred to the Committee on Ordinances, Licenses and Legal
Affairs.
Cairo Charsi, 15 Crombie St., Salem
Janice Helsor, 35 Ariel St., Lincoln, ME
Christine Gomes, 15 Hillside Ave., Salem
SUBROGATED: Vigorito Law (for Cynthia Douglas), 100 State St., Boston
(#620) – SECOND PASSAGE ORDINANCE HANDICAP PARKING ORD STREET
The matter of second passage of an ordinance amending Traffic Ch. 42, Sec. 50B
“Handicap Parking Limited Time” Ord Street, in front of #8 for a distance of twenty (20) feet.
“Handicap Parking Tow Zone”, was then taken up. It was adopted for second and final passage.
(#621) – SECOND PASSAGE ORDINANCE HANDICAP PARKING DEVEREUX STREET
The matter of second passage of an ordinance amending Traffic Ch. 42, Sec. 50B
“Handicap Parking Limited Time” Devereux Street, in front of #2 Devereux Street for a distance of
twenty (20) feet. “Handicap Parking Tow Zone”, was then taken up. It was adopted for second and
final passage.
(#622) – SECOND PASSAGE ORDINANCE HANDICAP PARKING WHEATLAND STREET
The matter of second passage of an ordinance amending Traffic Ch. 42, Sec. 50B
“Handicap Parking Limited Time” Wheatland Street, in front of #12 Wheatland Street for a
distance of twenty (20) feet. “Handicap Parking Tow Zone”, was then taken up. It was adopted for
second and final passage.
CITY OF SALEM
DECEMBER 8, 2016
REGULAR MEETING OF THE CITY COUNCIL
(#623) – SECOND PASSAGE ORDINANCE HANDICAP PARKING LAUREL STREET
The matter of second passage of an ordinance amending Traffic Ch. 42, Sec. 50B
“Handicap Parking Limited Time” Laurel Street, in front of #14 Laurel Street for a distance of
twenty (20) feet. “Handicap Parking Tow Zone”, was then taken up. It was adopted for second and
final passage.
(#625) – SECOND PASSAGE ORDINANCE HANDICAP PARKING EMERTON STREET
The matter of second passage of an ordinance amending Traffic Ch. 42, Sec. 50B
“Handicap Parking Limited Time” Emerton Street, easterly side along #2 Emerton Street for a
distance of twenty (20) feet. “Handicap Parking Tow Zone”, was then taken up. It was adopted for
second and final passage.
On the motion of Councillor Furey the meeting adjourned at 9:20 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK