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City Council

Regular Meeting

Salem, MA · May 9, 2019

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Minutes

141 MAY 9, 2019 CITY COUNCIL REGULAR MEETING “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 Ilene Simons at 978-619-5610 or isimons@salem.com. A Regular Meeting of the City Council held in the Council Chamber on Thursday, May 9, 2019 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 7, 2019, at 8:36 A.M. This meeting is being taped and is live on S.A.T.V. All Councillors were present Council President Dibble presided. Councillor Milo moved to dispense with the reading of the record of the previous meeting. It was so voted. President Dibble requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY 1. Jeff Cohen – 12 Hancock St., Overlay Zoning 2. Tyler Terry – 22 School St., Resident Sticker 3. Gary Gill -12 Pope St., Overlay Zoning #275 – (#269) – JOINTLY-OWNED POLE ON CANAL STREET A hearing was held on the order for National Grid and Verizon to install 1 Jointly-owned pole on Canal St. Appearing in favor was Sibhita Mahbier-Sheehy, representative of National Grid. There was no one appearing in opposition. The hearing was closed. Councillor Turiel moved that the petition be granted. It was so voted. Councillor Turiel asked if this work cuts into Canal Street. The response from the Representative stated that it does not. #276 – (#270) – CONDUIT ON CANAL STREET A hearing was held on the order for National Grid to install a conduit on Canal St. Appearing in favor was Sibhita Mahbier-Sheehy, representative of National Grid. There was no one appearing in opposition. The hearing was closed. Councillor Turiel moved that the petition be granted. It was so voted. 142 MAY 9, 2019 CITY COUNCIL REGULAR MEETING Councillor Turiel asked the same question if this work cuts into street because the initial drawing appeared to reflect this and Canal St. was just rebuilt. The representative responded that it will be under the sidewalk panel and not the street. (#221) – APPOINTMENT OF ROSA ORDAZ AS AN ALTERNATE TO THE ZONING BOARD OF APPEALS Held from the last meeting, the Mayor’s appointment off Rosa Ordaz 13 Forest Ave. to serve as an alternate member on the Zoning Board of Appeals with a term to expire on April 11, 2021 was confirmed by a roll call vote of 10 yeas, 0 nays and 1 absent. Councillor Madore recused herself from the vote. Councillors Turiel, Sargent, Peterson, Milo, McCarthy, Gerard, Furey, Flynn, Dominguez and Dibble were all recorded in the affirmative. Councillor Madore was recorded as absent. Councillor Turiel requested and received unanimous consent for suspension of the rules to allow Rosa Ordaz to address the Council. #277 – APPOINTMENT OF MARC PERRAS TO THE DESIGN REVIEW BOARD The Mayor’s appointment of Marc Perras, 6 Union St., #1 to serve on the Design Review Board with a term to expire on March 1, 2020 with the recommendation of the Salem Redevelopment Authority was held under the rules until the next meeting on May 23, 2019. #278 – REAPPOINTMENTS TO THE SALEM YOUTH COMMISSION The Mayor’s reappointments of the following to the Salem Youth Commission with their terms to expire on were confirmed by a roll call vote of 11 yeas, 0 nays and 0 absent. Councillors Turiel, Sargent, Peterson, Milo, McCarthy, Madore, Gerard, Furey, Flynn, Dominguez and Dibble were all recorded in the affirmative. Name Term Expires Lillien Kelley One year May 12, 2020 Luis Matos De Los One year May 10, 2020 Santos Abigail Clark Two years May 10, 2021 Diana Alushaj Two years May 10, 2021 143 MAY 9, 2019 CITY COUNCIL REGULAR MEETING The following four (4) Orders submitted from the Mayor are appropriations totaling $229,005.86 to fund the retroactive wage changes for the remainder of FY2019 going forward. #279 – APPROPRIATION TO THE HUMAN RESOURCES RETRO WAGES FOR AFSCME 1818 INCREASES The following Order introduced by the Mayor was adopted under suspension of the rules. Councillor Flynn recused himself for this vote. ORDERED: That the sum of Two Hundred and Thirteen Thousand Five Hundred Dollars ($213,500.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the to the “Human Resources Retro Wages Account (11521-5161) to cover the pay increases for the AFSCME 1818 contract settlement for the remainder of FY2019 in accordance with the recommendation of Her Honor the Mayor. #280 – APPROPRIATION TO VARIOUS ACCOUNTS LISTED FOR AFSCME 1818 INCREASES The following Order introduced by the Mayor was adopted under suspension of the rules. Councillor Flynn recused himself for this vote. ORDERED: That the sum of Thirteen Thousand Four Hundred and Thirty-Seven Dollars and Twenty- Eight Cents ($13,437.28) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the to the accounts listed below to cover the pay increases for the AFSCME 1818 contract settlement for the remainder of FY 2019 in accordance with the recommendation of Her Honor the Mayor. 010 ASSESSORS 11411-5111 313.77 030 CITY CLERK 11611-5111 482.76 030 ELECT & REGISTR 11621-5111 137.67 040 COLLECTOR 11461-5111 516.30 060 COUNCIL ON AGING 15411-5111 165.88 080 ELECTRICAL 12451-5111 935.09 090 FINANCE/AUDITING 11351-5111 156.54 100 FIRE 12201-5111 943.21 144 MAY 9, 2019 CITY COUNCIL REGULAR MEETING 120 HEALTH 15101-5111 977.50 140 LIBRARY 16101-5111 178.41 170 GOLF COURSE 16511-5111 344.10 170 RECREATION 16501-5111 165.88 180 PARKING DEPT 14811-5111 1,048.09 210 POLICE 12101-5111 1,236.11 220 PUBLIC PROP-INSP 12411-5111 658.61 230 PUBLIC SERVICES 14111-5111 4,845.60 260 SOLICITOR-LICENSING 11511-5111 165.88 270 TREASURER 11451-5111 165.88 Total General Fund 13,437.28 #281 – APPROPRIATION TO ACCOUNTS LISTED FOR AFSCME 1818 INCREASES The following Order introduced by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Two Thousand and Fifteen Dollars and Thirty-Six Cents ($2,015.36) is hereby appropriated from the is hereby appropriated from the “Retained Earnings – Water/Sewer Fund” account (6000-3120) to the accounts listed below to cover the pay increases for the AFSCME 1818 contract settlement for the remainder of FY 2019 in accordance with the recommendation of Her Honor the Mayor. 230 SEWER - PUB SERV 600031-5111 863.75 235 SEWER - ENGINEERING 600131-5111 143.93 230 WATER - PUB SERV 610031-5111 863.75 235 WATER - ENGINEERING 610131-5111 143.93 Total W/S Fund 2,015.36 145 MAY 9, 2019 CITY COUNCIL REGULAR MEETING #282 – APPROPRIATION TO ACCOUNTS LISTED FOR AFSCME 1818 INCREASES The following Order introduced by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Fifty-Three Dollars and Twenty-two Cents ($53.22) is hereby appropriated from the is hereby appropriated from the “Retained Earnings – Solid Waste Fund” account (6200-3120) to the accounts listed below to cover the pay increases for the AFSCME 1818 contract settlement for the remainder of FY 2019 in accordance with the recommendation of Her Honor the Mayor. 235 SOLID WASTE-ENG 620031-5111 53.22 Total Trash Fund 53.22 #283 – TRANSFER OF $60,000.00 WITHIN POLICE DEPARTMENT BUDGET The following Order introduced by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Sixty-Thousand Dollars ($60,000.00) is hereby transferred within the Police Department Budget as listed below in accordance with the recommendation of Her Honor the Mayor. Transfer From Account Transfer To Account Amount Full-Time 12101- Training & 12102- Salaries 5111 Education 5317 20,000.00 Full-Time 12101- Radio/Veh 12102- Salaries 5111 Maint 5253 5,000.00 Full-Time 12101- 12102- Salaries 5111 Building Maint 5300 15,000.00 Full-Time 12101- 12102- Salaries 5111 Natural Gas 5215 12,000.00 Full-Time 12101- 12102- Salaries 5111 Electricity 5211 8,000.00 Total 60,000.00 146 MAY 9, 2019 CITY COUNCIL REGULAR MEETING #284 – APPROPRIATION TO INSPECTIONAL SERVICES TO ACCOUNTS LISTED BELOW The following Order introduced by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Eighteen Thousand Dollars ($18,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the Inspectional Services accounts listed below in accordance with the recommendation of Her Honor the Mayor. Description Account Amount Inspectional Services Oil Heat 11962-5216 8,000.00 Inspectional Services Electricity 11962-5211 10,000.00 Total 18,000.00 #285 – PAYING LAST FISCAL YEAR INVOICES WITH THIS FISCAL YEAR BUDGET – MAYOR’S OFFICE The following Order introduced by the Mayor was adopted by a roll call vote of 11 yeas, 0 nays and 0 absent. Councillors Turiel, Sargent, Peterson, Milo, McCarthy, Madore, Gerard, Furey, Flynn, Dominguez and Dibble were all recorded in the affirmative. ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the “Mayor’s Auditing and Accounting Account 11272-5305” in accordance with the recommendation of Her Honor the Mayor. Further Ordered: Per MGL Chapter 44 Section 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 December 31, 2015, the December 31, 2016 and the December 31, 2017 invoices are hereby allowed to be paid from the Mayor’s Fiscal Year 2019 Budget account 11272-5305 Auditing and Accounting as listed above in accordance with the recommendation of Her Honor the Mayor. 147 MAY 9, 2019 CITY COUNCIL REGULAR MEETING #286 – APPROPRIATION TO INSPECTIONAL SERVICES - CONTRACTED SERVICES The following Order introduced by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand Six Hundred and Forty-Nine Dollars ($6,649.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the Inspectional Services accounts listed below in accordance with the recommendation of Her Honor the Mayor. Description Account Amount Inspectional Services – Contracted Services 12412-5320 6,649.00 Total 6,649.00 #286 – APPROPRIATION FROM RETIREMENT STABILZATION FUND FOR BEA DEVEREUX The following Order introduced by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Three Thousand and Ninety-Four Dollars and Sixty-One Cents ($3,094.61) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113- 5146) to be expended for the FY 2019 contractual buyback(s) listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount Human Beatrice Devereux 3,094.61 Resources 3,094.61 #288 – ACCEPT M.G.L. CH. 200A SEC. 9A TO ALLOW TREASURER TO ESTABLISH A CLAIMS PROCESS FOR ABANDONED/UNCLAIMED FUNDS The following Order introduced by the Mayor was adopted by a roll call vote of 11 yeas, 0 nays and 0 absent. Councillors Turiel, Sargent, Peterson, Milo, McCarthy, Madore, Gerard, Furey, Flynn, Dominguez and Dibble were all recorded in the affirmative. ORDERED: That the City of Salem hereby accepts Section 9A of Massachusetts General Laws, Chapter 200A which will allow the City Treasurer to establish a claims process for the disposition of abandoned/unclaimed funds. 148 MAY 9, 2019 CITY COUNCIL REGULAR MEETING #289 – ZONING ORDINANCE RELATIVE TO MUNICIPAL AND RELIGIOUS REUSE AS A USE PERMITTED IN ALL ZONING DISTRICTS BY SPECIAL PERMIT BY THE PLANNING BOARD The following Ordinance introduced by the Mayor was referred to the Planning Board to hold a Joint Public Hearing. After discussion by the Councillors whether this should be referred to the Committee on Ordinances, Licenses and Legal Affairs and further discussion on advertising to meet the four corners, the zoning ordinance amendment was referred to the planning board. An Ordinance to amend the zoning ordinance by adding “Municipal and Religious Reuse” as a use permitted in all zoning districts upon the issuance of a special permit by the Planning Board subject to the requirements of new section 6.11 of the zoning ordinance. Section 1. Section 3.1 Table of Principal and Accessory Use Regulations of the City of Salem Zoning Ordinance (the “Zoning Ordinance”) is hereby amended by adding the following principal use under “B. Exempt and Institutional Uses”: R R R R B B B B I B N C 1 2 3 1 2 4 5 P R D C C Municipal P P P P n n n n P n n or B B B B B Religious Reuse** ** Subject to Section 6.11. Section 2. Section 6 - Special Regulations of the Zoning Ordinance is hereby amended by adding the following new section: 6.11 Municipal or Religious Reuse Special Permit 6.11.1 Purpose. The purpose of this Section 6.11 is to allow for the reuse of buildings currently in municipal or religious use into new uses that may not otherwise be allowed on those properties so as to promote historic preservation, economic development, housing production and environmental sustainability and resilience. 6.11.2 General A building currently in municipal or religious use may be converted to one or more of the uses set forth in Section 6.11.5 upon the issuance of a special permit by the Planning Board authorizing that new use or uses. The Planning Board may approve, or 149 MAY 9, 2019 CITY COUNCIL REGULAR MEETING approve with conditions, an application for such special permit if the petitioner meets the requirements of this Section 6.11. 6.11.3 Eligibility for Special Permit One or more Buildings currently in municipal use or religious use shall be eligible for a special permit under Section 6.11 where: 1. the Building(s) currently in municipal or religious use and for which a change of use is proposed is at least 4,000 square feet; 2. one or more of the Building(s) currently in municipal or religious use and for which a change of use is proposed to a Building at least fifty (50) years old at the time of application under this Section 6.11 and 3. the applicant seeks to change the use of the Building from currently in municipal or religious use to one or more of the uses identified in Section 6.11.5. A Building shall be considered currently in municipal use if substantially all of that Building was actively used for municipal purposes for at least 20 continuous years, including some point in the last 20 years immediately preceding an Application under this section. A Building shall be considered currently in religious use if substantially all of that Building was actively used for religious purposes and protected by G.L. c. 40A §3 for at least 20 continuous years, including some point in the last 50 years immediately preceding an Application under this section. Public parks and cemeteries, together with the Buildings thereon, shall not be considered currently in municipal use for the purpose of Section 6.11. 6.11.4 Dimensional Requirements The following shall apply to any use for which a special permit is granted under Section 6.11: There shall be no minimum lot area per dwelling unit requirement. Any rooftop construction needed for Building circulation, drainage, ventilation, utilities, accessibility features or passive recreation shall be excluded from the calculation of Building height. Existing fences and bordering walls may be replaced and/or extended to a height equal to the existing fence or bordering walls or 6 feet whichever is greater. The Planning Board may, in issuing a special permit hereunder, allow structural extensions and alterations to existing nonconforming Buildings where the Planning Board finds that: (1) those changes are necessary for purposes of public health and safety, access for disabled persons, utilities, mechanical equipment or similar concerns 150 MAY 9, 2019 CITY COUNCIL REGULAR MEETING and (2) those extensions and alterations shall not be substantially more detrimental than the existing nonconformity. Any other structural extensions or alterations and any structural reconstruction or changes to any existing nonconforming Building eligible for a special permit under this Section 6.11 shall be subject to Section 3.3.3 of this Ordinance. 6.11.5 Uses Allowed by Special Permit The Planning Board, upon a finding that a proposed use is in harmony with the purpose and intent of this Section 6.11, may grant a special permit pursuant to this Section 6.11 and Section 9.4 for one or more of the following uses in a Building that meets the eligibility requirements of Section 6.11.3; provided, however that Commercial uses may only be located within a multifamily dwelling and may not exceed 30 percent of the gross floor area of said multifamily dwelling. In addition, for any Building in the I District, the Planning Board may grant such special permit only upon finding that the public good will be served and that (1) the residential use would not adversely affect the underlying district and (2) the nonresidential uses permitted in the underlying district are not noxious to the multi-family use. For any Building in the R1, R2, R3, and RC Districts, the Planning Board may grant such special permit that includes a Commercial use only upon finding that the public good will be served and that the Commercial use would not adversely affect the underlying residential district. Special Permit Uses: 1. Dwelling, Multi-family. 2. Meeting and gathering space incidental to a principal use or for use by residents or tenants of a Lot. 3. Artist lofts and living space, studios, workrooms and shops of artists, artisans and craftsmen, where products of the artistic endeavor or craft activity can be for sale on the premises or by specific off-premises commission from a sponsor or client. 4. Banks and savings and loan institutions. 5. Barber shops and beauty parlors. 6. Books, stationery and gift stores. 7. Business and professional offices. 8. Crafts, related stores selling jewelry, crafts, etc. where production occurs on the premises. 9. Dwelling units above first floor retail, personal service, or office use. 10. Florist shops, but excluding greenhouses. 11. Galleries. 12. Laundromats/dry cleaning establishments, excluding onsite dry cleaning. 13. Medical and dental offices. 151 MAY 9, 2019 CITY COUNCIL REGULAR MEETING 14. Specialty food stores, including grocer, candy store, meat market, delicatessen, or bakery, but not a restaurant or fast food establishment unless permitted by the underlying zone. 15. Tailor and custom dressmaking shops. 16. Not for profit museums. The Planning Board may issue a special permit hereunder allowing the combination of any of the uses listed in Section 6.11.5 with one or more uses permitted as of right or by special permit in the applicable zoning district or the R2 zone. Nothing set forth in this Section 6.11 shall be construed as requiring a special permit where the owner of a property currently in municipal use or religious use seeks to convert that use to one or more uses that are allowed as of right in the applicable zoning district. 6.11.6 Site Plan Review Each project submitted hereunder shall require site plan approval under Section 9.5. Absent special circumstances, applications under Section 6.11.5 for a special permit and under 6.11.6 for site plan approval should be filed together for contemporaneous consideration by the Planning Board. 6.11.7 Historical Commission and Design Review Board Review At the time of, or before filing, an application under this Section 6.11, the applicant shall provide a copy of the application to the City of Salem Historical Commission and the Design Review Board. The Historical Commission and the Design Review Board shall review the application at a public meeting and shall provide advisory comments to the Planning Board. The Planning Board shall not take final action on an application under this Section 6.11 until it receives written comment on the application from the Historical Commission and the Design Review Board, or at least sixty (60) days have passed since delivery of the application to the Historical Commission and the Design Review Board. Said sixty (60) day period may be extended by written agreement between the Applicant and Planning Board. Nothing set forth in this Section is intended to alter or amend the rights and obligations of the Historical Commission pursuant to the G.L. c. 40C. Failure of an applicant hereunder to timely deliver a copy of the application to the Historical Commission or Design Review Board may be grounds for denial of the application. 152 MAY 9, 2019 CITY COUNCIL REGULAR MEETING 6.11.8 Parking and Loading For new residential dwelling uses, provisions shall be made for not less than one (1) parking space per dwelling unit for existing buildings. Notwithstanding anything to the contrary, housing built under the jurisdiction of the Salem Housing Authority for elderly and/or handicapped persons shall require one- third (1/3) parking space per dwelling unit. Nonresidential uses shall provide parking in accordance with Section 5.1.8 Table of Required Parking Spaces. In mixed-use developments, the Planning Board may consider a reduction in total parking requirements based on an analysis of peak demand for non-competing uses provided by the applicant. In such cases the parking requirement for the largest of the uses (in terms of parking spaces required) shall be sufficient as determined by the Planning Board. An applicant shall use the latest peak demand analyses published by the Institute of Traffic Engineers (ITE) or other source acceptable to the Planning Board. The parking requirements may be accommodated by either one or a combination of on-site parking and/or parking at municipal or other parking facilities in the vicinity of the Lot. All municipal or other parking facilities which are used to satisfy the parking requirement must meet the following criterion: The parking facility must be fewer than one thousand (1,000) feet from the Lot as measured in a straight line from the two (2) closest points between the Lot and the parking facility. If using a municipal facility, the owner must purchase an annual parking pass to satisfy the parking requirement. Such properties will not be eligible for resident parking permits to fulfill these requirements. A new loading zone shall not be required if the existing Building does not have an existing loading zone. 6.11.9 Severability The provisions of this Section 6.11 are severable. The invalidity of any paragraph, subsection or provision of this Section 6.11 shall not invalidate any other paragraph, subsection or provision hereof. 153 MAY 9, 2019 CITY COUNCIL REGULAR MEETING #290 – COMMUNICATION FROM THE MAYOR TO ADDRESS THE CITY COUNCIL A Communication from the Mayor to Address the City Council was received and placed on file. The initial intent was to provide the State of the City Address tonight. An order will be brought in at the next meeting on May 23, 2019 to have the Mayor address the Council on June 13, 2019. Ladies and Gentlemen of the City Council: I would greatly appreciate the opportunity to briefly address the City Council at your meeting of May 9, 2019 in order to provide a brief update on important projects and issues before the City. Very truly yours, Kimberley Driscoll, Mayor, City of Salem #291 – RESOLUTION FOR BETSYE PETERSON SARGENT FROM THE PHOENIX SCHOOL The following Resolution introduced by Councillor Peterson was adopted. WHEREAS: On December 11, 2018, Betsye Petersen Sargent, after dedicating her professional life to the children and the community of Salem until her retirement 4 months before her death, passed away at age 79 after a brave battle with cancer, and; WHEREAS: Betsye was a brilliant, dedicated, and life-changing educator over her 55 years of teaching, first as a Principal and the Gifted Education Director in the Salem Public Schools, and then by co-founding The Phoenix School more than 35 years ago, and; WHEREAS: She was an adventurer and an innovator, serving as an inspiration and role model to her students, their families and our entire community. Betsye lived by and passed on these mantras to all: never stop trying new things and explore outside the box; don’t be fearful of failing and trying again; ask for help when needed; and always give back to one’s local, national, and global communities. She contributed to the Salem community herself as a member of The Rotary Club of Salem; Salem Partnership; Salem YMCA Board of Directors; and North Shore Medical Center’s Patient Family Advisory Council. She established a community service club run by Phoenix students. Her dedicated support of conservation efforts for elephants and rhinos, in addition to her commitment to rescuing senior golden retrievers, were hallmarks of Betsye’s philanthropic priorities, and; WHEREAS: Betsye was a visionary ahead of her time – crafting a teaching methodology that reflected the core tenant she taught the hundreds of students who were so fortunate to benefit from her mentorship - that the world was her classroom. In her case, the “world” meant the streets, museums and parks of Salem, and stretched as well from Italy, to the Everglades of Florida, to the Caves of Indiana, to St. John in the U.S. Virgin Islands, and around the globe. Using creativity, imagination, technology and travel, she threw the gates of the world open to hundreds of students, who so often were struggling in more traditional academic settings, giving hope and a path to the future, and; WHEREAS: Betsye often said that her last and greatest adventure would take her to the stars where she will continue to shine down on us all. 154 MAY 9, 2019 CITY COUNCIL REGULAR MEETING NOW THEREFORE, BE IT RESOLVED: That the City of Salem recognizes and honors Betsye Sargent’s life of service to her students and our community; AND BE IT FURTHER RESOLVED: That this resolution be made a matter of record of these proceedings, and that a suitable copy along with a City Seal be presented to her loved ones, in her memory and with gratitude, from the City of Salem in recognition of her remarkable service to our community. Councillor Peterson requested and received unanimous suspension of the rules to allow members from the Phoenix School to speak. #292 – RESOLUTION FOR ROSEMARY O’CONNOR 75TH BIRTHDAY The following Resolution introduced by Councillor Dominguez and Councillor Furey was adopted. RESOLUTION: WHEREAS, Rosemary O’Connor will be honored by friends and relatives on the occasion of her 75th birthday on June 1, 2019; and WHEREAS, she was born in Peggy’s Cove, Nova Scotia on June 1, 1944 and has been a resident of the Salem community for over fifty years; and WHEREAS, she became the wife of John O’Connor and this marriage was blessed with two children; and WHEREAS, in addition to being a wife and mother, she has been an active in the Salem community and civic engagements, including fundraising efforts for Salem K9 Unit and Chairperson of the Mack Park Neighborhood Association for over eleven years; and WHEREAS, Rosemary is an honorary member of the Loyal Order of Moose, and whenever there is an occasion held there you see Rosemary doing whatever needs to be done; and WHEREAS, she puts in countless hours of cooking for any event. Her Neighborhood Association meetings, whether hosting a lecturer or another City of Salem Department Head, are well attended not just for the event, but for the food that she cooks and serves; and WHEREAS, during a long and productive lifetime, she has demonstrated in countless ways her dedication to the Salem community and has earned the respect and affection of people from all walks of life and all ages; and she has made Salem a better place to live by bringing people together; and 155 MAY 9, 2019 CITY COUNCIL REGULAR MEETING WHEREAS, she has lived during some of the most eventful times of this Country’s history; and has been a force for good and an inspiring influence on those around her during these years and there is more of herself in everything she does; and NOW, THEREFORE, BE IT RESOLVED: That we, the Salem City Council, hereby deem it an honor and pleasure to extend this recognition to Rosemary O’Connor on her 75th Birthday, with sincere congratulations and best wishes for many more happy, productive years; AND BE IT FURTHER RESOLVED: That this Resolution be made a matter of record of these proceedings, and that a suitable copy along with a City Seal be presented to Rosemary in celebration of her Birthday. #293 – PARKING DIRECTOR AND COMMISSION REVIEW THE RESIDENT STICKER PARKING PROGRAM The following Order introduced by Councillor Madore was adopted. ORDERED: That the Traffic and Parking Commission and Director review Ch. 42 Sec. 75, Traffic – Parking Prohibitions Towing Zone (Resident Sticker) and prepare a set of recommendations to the City Council to revise the resident sticker parking program for a fairer and more equitable system for all Salem Residents. #294 – MEET TO DISCUSS AMENDING TRAFFIC CH. 42 SEC. 50 – HANDICAP ZONES The following Order introduced by Councillor Madore was adopted. ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss amending a traffic ordinance Ch. 42 Sec. 50A Handicap Zones but deleting “Zones to be established be the City Council as needed to provide parking for handicapped persons.” And replace with “Zones to be established by the Traffic and Parking Commission as needed to provide parking for handicap persons. 156 MAY 9, 2019 CITY COUNCIL REGULAR MEETING #295 – (#199) – REVIEWING ZONING ORDINANCE 3.0 NON-CONFORMING USES Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses & Legal Affairs co-posted with the Committee of the Whole. The Committee on Ordinances, Licenses & Legal Affairs Co-Posted with the Committee of the Whole to whom was referred the matter of reviewing Zoning Ordinance 3.0 – Nonconforming Uses has considered said matter and would recommend that the matter remain in Committee. #296 – (#196) – ESTABLISHING A PERCENT OF THE CAPITAL IMPROVEMENT BUDGET FOR PUBLIC ART Councillor Peterson offered the following report for the Administration and Finance Co-Posted with the Committee of the Whole. The Administration and Finance Co-Posted with the Committee of the Whole to whom was referred the matter of establishing a percent for Art Ordinance requiring a percentage of our annual capital improvement budget be devoted to funding for public artworks and cultural programming in the City of Salem has considered said matter and would recommend that the matter remain in Committee. #297 – ROAD RACE – BOYS AND GIRLS CLUB – BRIDGE AND BACK The request from The Boys and Girls Club of Greater Salem to hold their annual Bridge & Back 10K road race and use of city streets on August 4, 2019 was granted. #298 – ROAD RACE – BOYS AND GIRLS CLUB – WILD TURKEY RACE The request from The Boys and Girls Club of Greater Salem to hold their annual Wild Turkey 5 Mile road race and use of city streets on November 28, 2019 was granted. #299 – WITCHES CUP BIKE RACE The request form Dan Shuman and Kurk Maw to hold The Witches Cup bike race and use of city streets on July 11, 2019 and also for the sale and consumption of beer, wine and liquor on the Salem Common was granted. 157 MAY 9, 2019 CITY COUNCIL REGULAR MEETING #300 – PETITION FROM CONANT STREET RESIDENTS TO HAVE THE STREET REPAVED A petition from the residents of Conant St to have Conant St repaved was referred to the Committee on Government Services and that the DPS be invited. #301 - #305 – LICENSE APPLICATIONS The Following License applications were granted. TAXI CABS / LIMOUSINE Sunshine Car Service (3 Taxi / 3 Limos) TAXI OPERATORS Delfa Fabian Gomez 32 Rainbow Ter., Salem Elis Saul Gomez 7 Pitman Rd., Salem PUBLIC GUIDES: Jonathon Wacker 123 Canyon Cir., Boerne, TX Brian Keady 34 Clement Ave., Peabody Roger Watras 9 Mill St. Apt 203 Beverly Carl Schultz 23 Vestry St., Beverly VEHICLE FOR HIRE Salem Trolley (6 Trolleys) VEHICLE FOR HIRE Peter Harrington 6 Hillside Ave., Peabody OPERATORS ONLY Tammy Harrington 21 Chase St., Beverly Elizabeth Kauler 274 Jefferson Ave #306 - SALEM POLICE SPECIAL INVESTIGATOR REVOKING THOMAS VALLOR’S PUBLIC GUIDE LICENSE A communication from Salem Police Special Investigator notifying the Council of the revocation of Thomas Vallor’s Public Guide License was granted and placed on file. #307 – HEARING REQUEST FROM THOMAS VALLOR REGARDING HIS REVOKED PUBLIC GUIDE LICENSE A hearing request from Thomas Vallor regarding his Revoked Public Guide License was referred to the Committee on Ordinances, Licenses and Legal Affairs (an Executive Session may be held) 158 MAY 9, 2019 CITY COUNCIL REGULAR MEETING #308 – #310 - THE FOLLOWING LICENSE APPLICATIONS The Following License Applications was referred to the Committee on Ordinances, Licenses and Legal Affairs. SEA WORMS: Derek Cerqueira 54 Goodale St., Peabody Manuel Silva 80 Northend St. Peabody TAG DAYS: Dance Enthusiasm June 8. 9 &23, 2019 S.H.S Boys Soccer Aug. 24, Sept 7 &21, 2019 #311 – CLAIM The Following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs. Theodora Panagiotidis 8 Topping Ave., Rockland On the motion of Councillor Furey the meeting adjourned at 8:45 P.M. ATTEST: ILENE SIMONS CITY CLERK

Agenda

City of Salem, Massachusetts Office of the City Clerk Ilene Simons City Clerk May 7, 2019 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, May 9, 2019 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: ILENE SIMONS CITY CLERK 2 MAY 9, 2019 CITY COUNCIL REGULAR MEETING “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 Ilene Simons at 978-619-5610 or isimons@salem.com. A Regular Meeting of the City Council held in the Council Chamber on Thursday, May 9, 2019 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 7, 2019, at 8:36 A.M. This meeting is being taped and is live on S.A.T.V. Councillors absent: Council President Dibble presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Dibble requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY Public Testimony not to exceed 15 minutes Public Testimony is not a public hearing or question and answer period Name must be on roster 30 minutes prior to meeting Agenda items only How to Sign Up: Anyone wishing to present testimony at a City Council meeting regarding a matter on the agenda, must sign the roster in person stating their name, address and subject matter. The Roster will be available in the City Clerk’s Office (Room 1) and may sign the roster From the time the agenda is posted until thirty (30) minutes prior to the start of the regular Council Meeting (by 6:30 p.m.). Only those on the roster may present testimony at the Meeting. (For complete rules for Public Testimony please refer to Council Rules Section 28C) 3 MAY 9, 2019 CITY COUNCIL REGULAR MEETING HEARINGS ORDERED: National Grid and Verizon to install 1 JO pole on Canal St. APPEARING IN FAVOR: APPEARING OPPOSED: Councillor Turiel Moved the Hearing be Closed Voted Councillor Turiel Moved Granted Voted 4 MAY 9, 2019 CITY COUNCIL REGULAR MEETING HEARINGS ORDERED: National Grid to install 1 Conduit on Canal St. APPEARING IN FAVOR: APPEARING OPPOSED: Councillor Turiel Moved the Hearing be Closed Voted Councillor Turiel Moved Granted Voted 5 MAY 9, 2019 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting, the Mayor’s appointment off Rosa Ordaz 13 Forest Ave. to serve as a Alternate member on the Zoning Board of Appeals with a term to expire on April 11, 2021 Action Contemplated Councillor Turiel Moved Confirmation by RCV Yeas Nays Abs The Mayor’s appointment of Marc Parras 6 Union St., #1 to serve on the Design Review Board with a term to expire on March 1, 2020 with the recommendation of the Salem Redevelopment Authority Action Contemplated Councillor Suspension of the Rules Councillor Objection Councillor McCarthy Held Under the Rules 6 MAY 9, 2019 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Mayor’s reappointment of the following to the Salem Youth Commission with their following terms to expire on: Name Term Expires Lillien Kelley One year May 12, 2020 Luis Matos De Los Santos One year May 10, 2020 Abigail Clark Two years May 10, 2021 Diana Alushaj Two years May 10, 2021 Action Contemplated Councillor Dominguez Moved Confirmation by RCV Yeas Nays Abs 7 MAY 9, 2019 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR The following four (4) Orders submitted from the Mayor are appropriations totaling $229,005.86 to fund the retroactive wage changes for the remainder of FY2019 going forward. --------------------------------------------------------------------------------------------------------------------------------------------- (1 of 4) ORDERED: That the sum of Two Hundred and Thirteen Thousand Five Hundred Dollars ($213,500.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1- 3245) to the to the “Human Resources Retro Wages Account (11521-5161) to cover the pay increases for the AFSCME 1818 contract settlement for the remainder of FY2019 in accordance with the recommendation of Her Honor the Mayor. Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Peterson Moved Adoption Voted OR Refer to Admin. & Finance under the Rules (2 of 4) ORDERED: That the sum of Thirteen Thousand Four Hundred and Thirty-Seven Dollars and Twenty- Eight Cents ($13,437.28) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the to the accounts listed below to cover the pay increases for the AFSCME 1818 contract settlement for the remainder of FY 2019 in accordance with the recommendation of Her Honor the Mayor. 8 MAY 9, 2019 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR 010 ASSESSORS 11411-5111 313.77 030 CITY CLERK 11611-5111 482.76 030 ELECT & REGISTR 11621-5111 137.67 040 COLLECTOR 11461-5111 516.30 060 COUNCIL ON AGING 15411-5111 165.88 080 ELECTRICAL 12451-5111 935.09 090 FINANCE/AUDITING 11351-5111 156.54 100 FIRE 12201-5111 943.21 120 HEALTH 15101-5111 977.50 140 LIBRARY 16101-5111 178.41 170 GOLF COURSE 16511-5111 344.10 170 RECREATION 16501-5111 165.88 180 PARKING DEPT 14811-5111 1,048.09 210 POLICE 12101-5111 1,236.11 220 PUBLIC PROP-INSP 12411-5111 658.61 230 PUBLIC SERVICES 14111-5111 4,845.60 260 SOLICITOR-LICENSING 11511-5111 165.88 270 TREASURER 11451-5111 165.88 Total General Fund 13,437.28 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Peterson Moved Adoption Voted OR Refer to Admin. & Finance under the Rules 9 MAY 9, 2019 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR (3 of 4) ORDERED: That the sum of Two Thousand and Fifteen Dollars and Thirty-Six Cents ($2,015.36) is hereby appropriated from the is hereby appropriated from the “Retained Earnings – Water/Sewer Fund” account (6000- 3120) to the accounts listed below to cover the pay increases for the AFSCME 1818 contract settlement for the remainder of FY 2019 in accordance with the recommendation of Her Honor the Mayor. 230 SEWER - PUB SERV 600031-5111 863.75 235 SEWER - ENGINEERING 600131-5111 143.93 230 WATER - PUB SERV 610031-5111 863.75 235 WATER - ENGINEERING 610131-5111 143.93 Total W/S Fund 2,015.36 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Peterson Moved Adoption Voted OR Refer to Admin. & Finance under the Rules (4 of 4) ORDERED: That the sum of Fifty-Three Dollars and Thirty-Six Cents ($53.22) is hereby appropriated from the is hereby appropriated from the “Retained Earnings – Solid Waste Fund” account (6200-3120) to the accounts listed below to cover the pay increases for the AFSCME 1818 contract settlement for the remainder of FY 2019 in accordance with the recommendation of Her Honor the Mayor. 235 SOLID WASTE-ENG 620031-5111 53.22 Total Trash Fund 53.22 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Peterson Moved Adoption Voted OR Refer to Admin. & Finance under the Rules 10 MAY 9, 2019 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Sixty-Thousand Dollars ($60,000.00) is hereby transferred within the Police Department Budget as listed below in accordance with the recommendation of Her Honor the Mayor. Transfer From Account Transfer To Account Amount Full-Time Salaries 12101-5111 Training & Education 12102-5317 20,000.00 Full-Time Salaries 12101-5111 Radio/Veh Maint 12102-5253 5,000.00 Full-Time Salaries 12101-5111 Building Maint 12102-5300 15,000.00 Full-Time Salaries 12101-5111 Natural Gas 12102-5215 12,000.00 Full-Tume Salaries 12101-5111 Electricity 12102-5211 8,000.00 Total 60,000.00 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Peterson Moved Adoption Voted OR Refer to Admin. & Finance under the Rules ORDERED: That the sum of Eighteen Thousand Dollars ($18,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the Inspectional Services accounts listed below in accordance with the recommendation of Her Honor the Mayor. Description Account Amount Inspectional Services Oil Heat 11962-5216 8,000.00 Inspectional Services Electricity 11962-5211 10,000.00 Total 18,000.00 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Peterson Moved Adoption Voted OR Refer to Admin. & Finance under the Rules 11 MAY 9, 2019 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the “Mayor’s Auditing and Accounting Account 11272-5305” in accordance with the recommendation of Her Honor the Mayor. Further Ordered: Per MGL Chapter 44 Section 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 December 31, 2015, the December 31, 2016 and the December 31, 2017 invoices are hereby allowed to be paid from the Mayor’s Fiscal Year 2019 Budget account 11272-5305 Auditing and Accounting as listed above in accordance with the recommendation of Her Honor the Mayor. Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Peterson Moved Adoption by RCV (2/3 needed) Yea Nay Absent OR Refer to Admin. & Finance under the Rules Voted ORDERED: That the sum of Six Thousand Six Hundred and Forty-Nine Dollars ($6,649.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the Inspectional Services accounts listed below in accordance with the recommendation of Her Honor the Mayor. Description Account Amount Inspectional Services – Contracted Services 12412-5320 6,649.00 Total 6,649.00 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Peterson Moved Adoption OR Refer to Admin. & Finance under the Rules Voted 12 MAY 9, 2019 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Three Thousand and Ninety-Four Dollars and Sixty-One Cents ($3,094.61) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113- 5146) to be expended for the FY 2019 contractual buyback(s) listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount Human Beatrice Devereux 3,094.61 Resources 3,094.61 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Peterson Moved Adoption OR Refer to Admin. & Finance under the Rules Voted ORDERED: That the City of Salem hereby accepts Section 9A of Massachusetts General Laws, Chapter 200A which will allow the City Treasurer to establish a claims process for the disposition of abandoned/unclaimed funds. Action Contemplated Councillor McCarthy Moved Adoption by RCV Yeas Nays Abs. OR Refer to Comm. on Ord., Lic. & Legal Affairs Voted 13 MAY 9, 2019 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR An Ordinance to amend the zoning ordinance by adding “Municipal and Religious Reuse” as a use permitted in all zoning districts upon the issuance of a special permit by the Planning Board subject to the requirements of new section 6.11 of the zoning ordinance. Section 1. Section 3.1 Table of Principal and Accessory Use Regulations of the City of Salem Zoning Ordinance (the “Zoning Ordinance”) is hereby amended by adding the following principal use under “B. Exempt and Institutional Uses”: R R R R B B B B I B N C 1 2 3 1 2 4 5 P R D C C Municipal P P P P n n n n P n n or B B B B B Religious Reuse** ** Subject to Section 6.11. Section 2. Section 6 - Special Regulations of the Zoning Ordinance is hereby amended by adding the following new section: 6.11 Municipal or Religious Reuse Special Permit 6.11.1 Purpose. The purpose of this Section 6.11 is to allow for the reuse of buildings currently in municipal or religious use into new uses that may not otherwise be allowed on those properties so as to promote historic preservation, economic development, housing production and environmental sustainability and resilience. 6.11.2 General A building currently in municipal or religious use may be converted to one or more of the uses set forth in Section 6.11.5 upon the issuance of a special permit by the Planning Board authorizing that new use or uses. The Planning Board may approve, or approve with conditions, an application for such special permit if the petitioner meets the requirements of this Section 6.11. 6.11.3 Eligibility for Special Permit One or more Buildings currently in municipal use or religious use shall be eligible for a special permit under Section 6.11 where: 14 MAY 9, 2019 CITY COUNCIL REGULAR MEETING 1. the Building(s) currently in municipal or religious use and for which a change of use is proposed is at least 4,000 square feet; 2. one or more of the Building(s) currently in municipal or religious use and for which a change of use is proposed to a Building at least fifty (50) years old at the time of application under this Section 6.11 and 3. the applicant seeks to change the use of the Building from currently in municipal or religious use to one or more of the uses identified in Section 6.11.5. A Building shall be considered currently in municipal use if substantially all of that Building was actively used for municipal purposes for at least 20 continuous years, including some point in the last 20 years immediately preceding an Application under this section. A Building shall be considered currently in religious use if substantially all of that Building was actively used for religious purposes and protected by G.L. c. 40A §3 for at least 20 continuous years, including some point in the last 50 years immediately preceding an Application under this section. Public parks and cemeteries, together with the Buildings thereon, shall not be considered currently in municipal use for the purpose of Section 6.11. 6.11.4 Dimensional Requirements The following shall apply to any use for which a special permit is granted under Section 6.11: There shall be no minimum lot area per dwelling unit requirement. Any rooftop construction needed for Building circulation, drainage, ventilation, utilities, accessibility features or passive recreation shall be excluded from the calculation of Building height. Existing fences and bordering walls may be replaced and/or extended to a height equal to the existing fence or bordering walls or 6 feet whichever is greater. The Planning Board may, in issuing a special permit hereunder, allow structural extensions and alterations to existing nonconforming Buildings where the Planning Board finds that: (1) those changes are necessary for purposes of public health and safety, access for disabled persons, utilities, mechanical equipment or similar concerns and (2) those extensions and alterations shall not be substantially more detrimental than the existing nonconformity. Any other structural extensions or alterations and any structural reconstruction or changes to any existing nonconforming Building eligible for a special permit under this Section 6.11 shall be subject to Section 3.3.3 of this Ordinance. 6.11.5 Uses Allowed by Special Permit The Planning Board, upon a finding that a proposed use is in harmony with the purpose and intent of this Section 6.11, may grant a special permit pursuant to this Section 6.11 and 15 MAY 9, 2019 CITY COUNCIL REGULAR MEETING Section 9.4 for one or more of the following uses in a Building that meets the eligibility requirements of Section 6.11.3; provided, however that Commercial uses may only be located within a multifamily dwelling and may not exceed 30 percent of the gross floor area of said multifamily dwelling. In addition, for any Building in the I District, the Planning Board may grant such special permit only upon finding that the public good will be served and that (1) the residential use would not adversely affect the underlying district and (2) the nonresidential uses permitted in the underlying district are not noxious to the multi-family use. For any Building in the R1, R2, R3, and RC Districts, the Planning Board may grant such special permit that includes a Commercial use only upon finding that the public good will be served and that the Commercial use would not adversely affect the underlying residential district. Special Permit Uses: 1. Dwelling, Multi-family. 2. Meeting and gathering space incidental to a principal use or for use by residents or tenants of a Lot. 3. Artist lofts and living space, studios, workrooms and shops of artists, artisans and craftsmen, where products of the artistic endeavor or craft activity can be for sale on the premises or by specific off-premises commission from a sponsor or client. 4. Banks and savings and loan institutions. 5. Barber shops and beauty parlors. 6. Books, stationery and gift stores. 7. Business and professional offices. 8. Crafts, related stores selling jewelry, crafts, etc. where production occurs on the premises. 9. Dwelling units above first floor retail, personal service, or office use. 10. Florist shops, but excluding greenhouses. 11. Galleries. 12. Laundromats/dry cleaning establishments, excluding onsite dry cleaning. 13. Medical and dental offices. 14. Specialty food stores, including grocer, candy store, meat market, delicatessen, or bakery, but not a restaurant or fast food establishment unless permitted by the underlying zone. 15. Tailor and custom dressmaking shops. 16. Not for profit museums. The Planning Board may issue a special permit hereunder allowing the combination of any of the uses listed in Section 6.11.5 with one or more uses permitted as of right or by special permit in the applicable zoning district or the R2 zone. Nothing set forth in this Section 6.11 shall be construed as requiring a special permit where the owner of a property currently in municipal use or religious use seeks to convert that use to one or more uses that are allowed as of right in the applicable zoning district. 6.11.6 Site Plan Review Each project submitted hereunder shall require site plan approval under Section 9.5. Absent special circumstances, applications under Section 6.11.5 for a special permit and under 6.11.6 16 MAY 9, 2019 CITY COUNCIL REGULAR MEETING for site plan approval should be filed together for contemporaneous consideration by the Planning Board. 6.11.7 Historical Commission and Design Review Board Review At the time of, or before filing, an application under this Section 6.11, the applicant shall provide a copy of the application to the City of Salem Historical Commission and the Design Review Board. The Historical Commission and the Design Review Board shall review the application at a public meeting and shall provide advisory comments to the Planning Board. The Planning Board shall not take final action on an application under this Section 6.11 until it receives written comment on the application from the Historical Commission and the Design Review Board, or at least sixty (60) days have passed since delivery of the application to the Historical Commission and the Design Review Board. Said sixty (60) day period may be extended by written agreement between the Applicant and Planning Board. Nothing set forth in this Section is intended to alter or amend the rights and obligations of the Historical Commission pursuant to the G.L. c. 40C. Failure of an applicant hereunder to timely deliver a copy of the application to the Historical Commission or Design Review Board may be grounds for denial of the application. 6.11.8 Parking and Loading For new residential dwelling uses, provisions shall be made for not less than one (1) parking space per dwelling unit for existing buildings. Notwithstanding anything to the contrary, housing built under the jurisdiction of the Salem Housing Authority for elderly and/or handicapped persons shall require one-third (1/3) parking space per dwelling unit. Nonresidential uses shall provide parking in accordance with Section 5.1.8 Table of Required Parking Spaces. In mixed-use developments, the Planning Board may consider a reduction in total parking requirements based on an analysis of peak demand for non-competing uses provided by the applicant. In such cases the parking requirement for the largest of the uses (in terms of parking spaces required) shall be sufficient as determined by the Planning Board. An applicant shall use the latest peak demand analyses published by the Institute of Traffic Engineers (ITE) or other source acceptable to the Planning Board. The parking requirements may be accommodated by either one or a combination of on-site parking and/or parking at municipal or other parking facilities in the vicinity of the Lot. All municipal or other parking facilities which are used to satisfy the parking requirement must meet the following criterion: The parking facility must be fewer than one thousand (1,000) feet from the Lot as measured in a straight line from the two (2) closest points between the Lot and 17 MAY 9, 2019 CITY COUNCIL REGULAR MEETING the parking facility. If using a municipal facility, the owner must purchase an annual parking pass to satisfy the parking requirement. Such properties will not be eligible for resident parking permits to fulfill these requirements. A new loading zone shall not be required if the existing Building does not have an existing loading zone. 6.11.9 Severability The provisions of this Section 6.11 are severable. The invalidity of any paragraph, subsection or provision of this Section 6.11 shall not invalidate any other paragraph, subsection or provision hereof. Action Contemplated Councillor McCarthy Refer to the Planning Board to hold a Voted Joint Public Hearing OR Refer to the Comm. on Ord., Lic. & Legal Affairs 18 MAY 9, 2019 CITY COUNCIL REGULAR MEETING MAYOR’S INFORMATIONAL PAGE Communication from the Mayor to Address the City Council Ladies and Gentlemen of the City Council: I would greatly appreciate the opportunity to briefly address the City Council at your meeting of May 9, 2019 in order to provide a brief update on important projects and issues before the City. Very truly yours, Kimberley Driscoll Mayor City of Salem Action Contemplated Councillor Turiel Moved Received and Placed on File Voted 19 MAY 9, 2019 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS, AND RESOLUTIONS Councillor Peterson RESOLUTION WHEREAS: On December 11, 2018, Betsye Petersen Sargent, after dedicating her professional life to the children and the community of Salem until her retirement 4 months before her death, passed away at age 79 after a brave battle with cancer, and; WHEREAS: Betsye was a brilliant, dedicated, and life-changing educator over her 55 years of teaching, first as a Principal and the Gifted Education Director in the Salem Public Schools, and then by co-founding The Phoenix School more than 35 years ago, and; WHEREAS: She was an adventurer and an innovator, serving as an inspiration and role model to her students, their families and our entire community. Betsye lived by and passed on these mantras to all: never stop trying new things and explore outside the box; don’t be fearful of failing and trying again; ask for help when needed; and always give back to one’s local, national, and global communities. She contributed to the Salem community herself as a member of The Rotary Club of Salem; Salem Partnership; Salem YMCA Board of Directors; and North Shore Medical Center’s Patient Family Advisory Council. She established a community service club run by Phoenix students. Her dedicated support of conservation efforts for elephants and rhinos, in addition to her commitment to rescuing senior golden retrievers, were hallmarks of Betsye’s philanthropic priorities, and; WHEREAS: Betsye was a visionary ahead of her time – crafting a teaching methodology that reflected the core tenant she taught the hundreds of students who were so fortunate to benefit from her mentorship - that the world was her classroom. In her case, the “world” meant the streets, museums and parks of Salem, and stretched as well from Italy, to the Everglades of Florida, to the Caves of Indiana, to St. John in the U.S. Virgin Islands, and around the globe. Using creativity, imagination, technology and travel, she threw the gates of the world open to hundreds of students, who so often were struggling in more traditional academic settings, giving hope and a path to the future, and; WHEREAS: Betsye often said that her last and greatest adventure would take her to the stars where she will continue to shine down on us all. NOW THEREFORE, BE IT RESOLVED: That the City of Salem recognizes and honors Betsye Sargent’s life of service to her students and our community; AND BE IT FURTHER RESOLVED: That this resolution be made a matter of record of these proceedings, and that a suitable copy along with a City Seal be presented to her loved ones, in her memory and with gratitude, from the City of Salem in recognition of her remarkable service to our community. Councillor Peterson Moved Adoption Voted 20 MAY 9, 2019 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS, AND RESOLUTIONS Councillor Dominguez RESOLUTION: WHEREAS, Rosemary O’Connor will be honored by friends and relatives on the occasion of her 75th birthday on June 1, 2019; and WHEREAS, she was born in Peggy’s Cove, Nova Scotia on June 1, 1944 and has been a resident of the Salem community for over fifty years; and WHEREAS, she became the wife of John O’Connor and this marriage was blessed with two children; and WHEREAS, in addition to being a wife and mother, she has been an active in the Salem community and civic engagements, including fundraising efforts for Salem K9 Unit and Chairperson of the Mack Park Neighborhood Association for over eleven years; and WHEREAS, Rosemary is an honorary member of the Loyal Order of Moose, and whenever there is an occasion held there you see Rosemary doing whatever needs to be done; and WHEREAS, she puts in countless hours of cooking for any event. Her Neighborhood Association meetings, whether hosting a lecturer or another City of Salem Department Head, are well attended not just for the event, but for the food that she cooks and serves; and WHEREAS, during a long and productive lifetime, she has demonstrated in countless ways her dedication to the Salem community and has earned the respect and affection of people from all walks of life and all ages; and she has made Salem a better place to live by bringing people together; and WHEREAS, she has lived during some of the most eventful times of this Country’s history; and has been a force for good and an inspiring influence on those around her during these years and there is more of herself in everything she does; and NOW, THEREFORE, BE IT RESOLVED: That we, the Salem City Council, hereby deem it an honor and pleasure to extend this recognition to Rosemary O’Connor on her 75th Birthday, with sincere congratulations and best wishes for many more happy, productive years; AND BE IT FURTHER RESOLVED: That this Resolution be made a matter of record of these proceedings, and that a suitable copy along with a City Seal be presented to Rosemary in celebration of her Birthday. Action Contemplated Councillor Dominguez Moved Adoption Voted 21 MAY 9, 2019 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS, AND RESOLUTIONS Councillor Madore ORDERED: That the Traffic and Parking Commission and Director review Ch. 42 Sec. 75, Traffic – Parking Prohibitions Towing Zone (Resident Sticker) and prepare a set of recommendations to the City Council to revise the resident sticker parking program for a fairer and more equitable system for all Salem Residents. Action Contemplated Councillor Madore Move Adoption Voted Councillor Madore ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss amending a traffic ordinance Ch. 42 Sec. 50A Handicap Zones but deleting “Zones to be established be the City Council as needed to provide parking for handicapped persons.” And replace with “Zones to be established by the Traffic and Parking Commission as needed to provide parking for handicap persons. Action Contemplated Councillor Madore Move Adoption Voted 22 MAY 9, 2019 CITY COUNCIL REGULAR MEETING COMMITTEE REPORTS Councillor McCarthy offered the following report for the Committee on Ordinances, Licenses & Legal Affairs co-Posted with the Committee of the Whole to whom was referred the matter of reviewing Zoning Ordinance 3.0 – Nonconforming Uses has considered said matter and would recommend that the matter remain in Committee. Accept the Report Voted Adopt the Recommendation Voted Councillor Peterson offered the following report for the Administration and Finance Co-Posted with the Committee of the Whole to whom was referred the matter of establishing a percent for Art Ordinance requiring a percentage of our annual capital improvement budget be devoted to funding for public artworks and cultural programming in the City of Salem has considered said matter and would recommend that the matter remain in Committee. Accept the Report Voted Adopt the Recommendation Voted 23 MAY 9, 2019 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE 24 MAY 9, 2019 CITY COUNCIL REGULAR MEETING PETITIONS Request form The Boys and Girls Club of Greater Salem to hold their annual Bridge & Back 10K road race and use of city streets on August 4, 2019 Action Contemplated Councillor McCarthy Moved Granted Voted Request form The Boys and Girls Club of Greater Salem to hold their annual Wild Turkey 5 Mile road race and use of city streets on November 28, 2019 Action Contemplated Councillor Madore Moved Granted Voted Request form Dan Shuman and Kurk Maw to hold The Witches Cup bike race and use of city streets on July 11, 2019 and also for the sale and consumption of beer, wine and liquor on the Salem Common Action Contemplated Councillor Madore Moved Granted Voted 25 MAY 9, 2019 CITY COUNCIL REGULAR MEETING PETITIONS A petition from the residents of Conant St to have Conant St repaved. Action Contemplated Councillor Madore Moved Granted Voted Or Refer to Government Services The Following License Applications: TAXI CABS / LIMOUSINE Sunshine Car Service (3 Taxi / 3 Limos) TAXI OPERATORS Delfa Fabian Gomez 32 Rainbow Ter., Salem Elis Saul Gomez 7 Pitman Rd., Salem PUBLIC GUIDES: Jonathon Wacker 123 Canyon Cir., Boerne, TX Brian Keady 34 Clement Ave., Peabody Roger Watras 9 Mill St. Apt 203 Beverly Carl Schultz 23 Vestry St., Beverly VEHICLE FOR HIRE Salem Trolley (6 Trolleys) VEHICLE FOR HIRE Peter Harrington 6 Hillside Ave., Peabody OPERATORS ONLY Tammy Harrington 21 Chase St., Beverly Elizabeth Kauler 274 Jefferson Ave Action Contemplated Councillor McCarthy Moved Granted VOTED 26 MAY 9, 2019 CITY COUNCIL REGULAR MEETING PETITIONS Communication from Salem Police Special Investigator revoking Thomas Vallor’s Public Guide License. Action Contemplated Councillor McCarthy Moved Granted `VOTED A hearing request from Thomas Vallor regarding his Revoked Public Guide License Action Contemplated Councillor McCarthy Refer to Comm. On Ord., Lic. & Voted Legal Affairs The Following License Application: SEA WORMS: Derek Cerqueira 54 Goodale St., Peabody Manuel Silva 80 Northend St.. Peabody TAG DAYS: Dance Enthusiasm June 8. 9 &23, 2019 S.H.S Boys Soccer Aug. 24, Sept 7 &21, 2019 Action Contemplated Councillor McCarthy Refer to Comm. On Ord., Lic. & Voted Legal Affairs 27 MAY 9, 2019 CITY COUNCIL REGULAR MEETING PETITIONS The Following Claims: Theodora Panagiotidis 8 Topping Ave., Rockland Action Contemplated Councillor McCarthy Refer to Comm. On Ord., Lic. & Voted Legal Affairs ________________________________________________________________________________ 28 MAY 9, 2019 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS NONE On the motion of Councillor the meeting adjourned at P.M.

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