City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall March 24, 2020 MEETING NOTICE AND AGENDA The City Council will meet in the City Council Chamber on Thursday, March 26, 2020 at 7:00 P.M. to hold its regular meeting for the purpose of discussing any and all business via remote participation in accordance with Chapter 40A of the Massachusetts General Laws and Governor Baker’s Emergency Order dated March 12, 2020. Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §18, and the Governor’s March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the City Council will be conducted via remote participation to the greatest extent possible. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so on matters not requiring a public hearing, we will post on the City of Salem’s website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. Individuals may participate remotely in the meeting via a remote participation platform called Zoom. Members of the public and/or parties with a right and/or requirement to attend this meeting may access the remote participation meeting through any one of the following ways: • Enter this link into your web browser to join the meeting: https://zoom.us/j/613967235 • Enter this link into your web browser to open the Zoom website: https://zoom.us/join. Enter meeting/webinar ID # 613 967 235 as directed on the webpage and click “Join.” Follow the on- screen instructions to join the meeting. • Participants can dial a toll-free phone number at 888-475-4499 or 877-853-5257 (Toll Free) to join the meeting. When prompted, enter meeting/webinar ID # 613 967 235 as and follow the instructions to join the meeting. The Agenda for this meeting is posted on the website and listed below. SATV will still be airing this meeting live. Very truly yours, ATTEST: ILENE SIMONS CITY CLERK  2 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING “Persons requiring auxiliary aids and services for effective communication such as sign language interpreter, an assistive listening device, or print material in digital format or a reasonable modification in programs, services, policies, or activities, may contact the City of Salem ADA Coordinator at (978-619-5630) as soon as possible and no less than 2 business days before the meeting, program, or event.” Assistive Listening System is 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. “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.”  3 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING A Regular Meeting of the City Council held in the Council Chamber on Thursday, March 26, 2020 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on March 24, 2020 at 1:24 P.M. This meeting is being taped and is live on S.A.T.V. Councillors absent: Council President McCarthy presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President McCarthy 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. Public Testimony shall only pertain to Agenda items. Sign up must occur 30 minutes prior to meeting. How to Sign Up: Due to Governor Baker’s Emergency Order stated above, anyone wishing to present testimony at a City Council meeting regarding a matter on the agenda, may sign up until Thursday, March 26 , 2020 at 6:30 PM by emailing isimons@salem.com OR leaving a voice mail by calling 978-619-5614. Please include your name, address, subject matter in addition to phone number and email address. If you are able to you may participate in Public Testimony remotely or the Council President will read your comment into the record.  4 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING HEARINGS NONE  5 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s appointment of Filipe Zamborlini to the Affordable Housing Trust Fund Board with a term to expire March 12, 2001. Action Contemplated Councillor McCarthy Confirmation by roll call vote Yeas Nays Abs ______________________________________________________________________ The Mayor’s reappointment of the following Department Heads with terms to expire as follows: NAME TITLE TERM EXPIRES Laurieann Giardella Finance Director/Auditor 3 years 31-Jan-23 Lisa Cammarata Director of Human Resources 2 years 31-Jan-22 John Giardi City Electrician 2 years 31-Jan-22 Director of Planning and Thomas Daniel 31-Jan-22 Community Development 2 years David Knowlton City Engineer 2 years 31-Jan-22 Thomas St. Pierre Director of Inspectional Services 2 years 31-Jan-22 Kathleen Winn Assistant Planning Director 2 years 31-Jan-22 Action Contemplated Councillor Sargent Confirmation by roll call vote Yeas Nays Abs The Mayor’s reappointment of Sara Moore of 34 Leach St to the Board of Health for a term of 3 years to expire March 26, 2023. Action Contemplated Councillor Turiel Confirmation by roll call vote Yeas Nays Abs  6 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s reappointment of Sumner Jones of 8 Osborne Hill Drive to the Board of Trust Fund Commissioners for a term of 12 years to expire March 26, 2032. Action Contemplated Councillor Flynn Confirmation by roll call vote Yeas Nays Abs  7 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Two Hundred Fifty Thousand Dollars ($250,000.00) is hereby transferred and appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the General Fund Mayor’s COVID-19 Emergency Funds Account to cover costs associated with mitigating local COVID-19 emergency expenses as they arise in accordance with the recommendation of Her Honor the Mayor. Councillor Suspension of the Rules Councillor Objection Description Fund Amount Mayor - COVID-19 Emergency Fund 11212-5780A $250,000.00 TOTAL $250,000.00 Action Contemplated Councillor Turiel Moved Adoption Voted OR Refer to Admin. & Finance under the Rules ORDERED: That the sum of Fifty-Four Thousand Three Hundred Fifty Dollars and Forty- Six Cents ($54,350.46) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2020 contractual buyback as listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount Richard Brennan Fire $54,350.46 $54,350.46 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Turiel Moved Adoption Voted OR Refer to Admin. & Finance under the Rules  8 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Six Thousand Six Hundred Three Dollars ($6,603) is hereby transferred and appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to Public Property Building Inspection Clean/Lien account 12412- 5713C to cover costs associated with the removal of light poles located in the Palmer Cove Park which was determined to be necessary to eliminate the risk any possibility of structural failure in accordance with the recommendation of Her Honor the Mayor. Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Turiel Moved Adoption Voted OR Refer to Admin. & Finance under the Rules RESOLUTION: AUTHORIZING THE SUBMISSION OF A STATEMENT OF INTEREST TO THE MASSACHUSETTS SCHOOL BUILDING AUTHORITY Resolved: Having convened in an open meeting March 26, 2020 prior to the SOI submission closing date, the City Council of Salem, Massachusetts, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated no later than May 6, 2020 for the Salem High School located at 77 Willson Street, Salem, MA 01970 which describes and explains the following deficiencies and the priority category(s) for which an application may be submitted to the Massachusetts School Building Authority in the future:  Replacement or renovation of a building which is structurally unsound or otherwise in a condition seriously jeopardizing the health and safety of school children, where no alternative exists.  Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements.  Replacement, renovation or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs in a school facility.  9 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR And hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority or commits Salem, MA to filing an application for funding with the Massachusetts School Building Authority. Action Contemplated Councillor Turiel Moved Adoption by RCV Yeas Nays Abs Ordinance Amending Traffic Ch. 42 Sec. 88 – Speed Zone Regulations In the year Two Thousand and Twenty 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. Section 88 – Speed Zone Regulations of Article VIII be amended by repealing the following: Valley Street – eastbound, beginning at the junction of Gallows Hill Road, thence easterly 0.15 miles at twenty-five (25) miles per hour, 0.18 miles at thirty-five (35) miles per hour, 0.18 miles at twenty-five (25) miles per hour, ending at the junction of Route 107, Highland Avenue; the total distance being 0.51 miles. (2/25/76 DPW 1019) And replacing it with: Valley Street – eastbound, beginning at the junction of Gallows Hill Road, thence easterly 0.15 miles at twenty-five (25) miles per hour, 0.18 miles at thirty-five (30) miles per hour, 0.18 miles at twenty-five (25) miles per hour, ending at the junction of Route 107, Highland Avenue; the total distance being 0.51 miles. (2/25/76 DPW 1019) Section 2. Section 88 – Speed Zone Regulations of Article VIII be further amended by repealing the following:  10 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Valley Street – west bound, beginning at the junction of Highland Avenue, Route 107, thence westerly, 0.18 miles at twenty-five (25) miles per hour, 0.18 miles at thirty-five (35) miles per hour, 0.15 miles at twenty-five (25) miles per hour, ending at the junction of Gallows Hill Road; the total distance being 0.51 miles. (2/25/75 DPW 1019) And replacing it with: Valley Street – west bound, beginning at the junction of Highland Avenue, Route 107, thence westerly, 0.18 miles at twenty-five (25) miles per hour, 0.18 miles at thirty-five (30) miles per hour, 0.15 miles at twenty-five (25) miles per hour, ending at the junction of Gallows Hill Road; the total distance being 0.51 miles. (2/25/75 DPW 1019) Section 3. This Ordinance shall take effect as provided City Charter. Action Contemplated Councillor Flynn/Madore Moved Adoption for first passage Voted  11 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING MAYOR’S INFORMATIONAL PAGE Communication from the Mayor to address the City Council on March 26, 2020 to provide the public and the Council with an update on the City’s response to the COVID- 19 outbreak. Action Contemplated Councillor Dibble Moved Received & Filed Voted  12 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Riccardi In the year Two Thousand and Twenty 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. Amending Chapter 42, Section 49 – “Obedience to Isolated Stop Signs” is hereby amended by adding the following: Osborne Street, northeasterly bound on Osborne Street and Walter Street. Osborne Street, southwesterly bound traffic on Osborne St. at Walter St. Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved Adoption for first passage Voted Councillor Riccardi In the year Two Thousand and Twenty 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. Amending Chapter 42, Section 49 – “Obedience to Isolated Stop Signs” is hereby amended by adding the following: Walter Street, northwesterly bound traffic on Walter Street at Osborne Street. Walter Street, southeasterly bound traffic on Walter Street at Osborne Street Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved Adoption for first passage Voted  13 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING COMMITTEE REPORTS NONE  14 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING PETITIONS Request from the Salem Main Streets to hold the Salem Arts Festival and close Front Street on Saturday June 6, 10:00 A.M. to 9:00 P.M. and Sunday June 7 10:00 A.M. to 7:00 P.M. Action Contemplated Councillor Madore Moved Granted Voted Request from Wreaths Across America (Mark Lovely & Cushing Amusements) to hold a Carnival on June 18 – June 21, 2020 Action Contemplated Councillor McCarthy Moved Granted Voted The Following License Applications: TAXI CAB/LIMOS: Witch City Taxi 92 Jackson St. (1 Limo) TAXI OPERATORS: Glennys Garcia-DeFabian 10 Northend St., Peabody Juan Nunez 21 Bowditch St., Peabody Antonio Fernandez 230 Jefferson Ave., Salem Cristian Vicioso-Jose 22 Pingree St., Salem Padero Sanchez 38 Allen Ave., Lynn Franklin Pimentel 300 Washington St., Salem Arison Sanchez Corniel 16 ½ Chase St., Salem Lao Rosario-Payamps 71 Palmer St., Salem Ramon Guzman 20 Elina St., Lynn Anthony Jose Pimemtel 34 Prince St., Salem Ramon Aristide Rodriguez 2 Park St., Salem Victor Rodriguez 52 Peabody St., Salem  15 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING TAXI OPERATORS CONT: Alberto Guerrero 12 Cherry St., Salem Miguel Jimenez 4 Heritage Dr., Salem Antonio Santiago Batista 96 Congress St., Salem Ramon de Jesus Gomez 88R Congress St., Salem Wade Durkee 116 Lafayette St., Salem Action Contemplated Councillor Madore Moved Granted Voted The Following Claims: Deborah Richards 224 Lafayette St., Salem Subrogated: Atty. Kevin Donovan 1818 Market St., Philadelphia Action Contemplated Councillor Madore Moved referred to the Comm. on Voted Ord., Lic. & Legal Affairs  16 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Second Reading of an Order to amend the Rules and Orders of the City Council by adding the following: ORDERED: That Section 36 of the Rules and Orders of the City Council be amended by deleting the reference to “Cushing’s Manual” and inserting in place thereof “Roberts Rules of Order” Action Contemplated Councillor Madore Moved Adopted (2/3 Vote Required) Voted OR Referred to the Comm. on Ord., Lic. & Legal Affairs On the motion of Councillor the meeting adjourned at P.M. “Persons requiring auxiliary aids and services for effective communication such as sign language interpreter, an assistive listening device, or print material in digital format or a reasonable modification in programs, services, policies, or activities, may contact the City of Salem ADA Coordinator at (978-619-5630) as soon as possible and no less than 2 business days before the meeting, program, or event.” “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.”  17 CITY OF SALEM MARCH 26, 2020 CITY COUNCIL REGULAR MEETING