City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall April 7, 2020 MEETING NOTICE AND AGENDA The City Council will meet on Thursday, April 9, 2020 at 7:00 P.M. remotely 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: • Please click the link below to join the webinar: https://zoom.us/j/863913568?pwd=OFFvU0Yrd2NBQndrS1NhTWNaNGxDdz09 Password: 042393 (if needed) • Enter this link into your web browser to open the Zoom website: https://zoom.us/join. Enter meeting/webinar ID #: 863 913 568 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 #: 863 913 568 as and follow the instructions to join the meeting. SATV will be airing this meeting live. Very truly yours, ATTEST: ILENE SIMONS CITY CLERK  2 CITY OF SALEM APRIL 9, 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 APRIL 9, 2020 CITY COUNCIL REGULAR MEETING A Regular Meeting of the City Council held is being held remotely Thursday, April 9, 2020 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on April 7, 2020 at 10:04 A.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, April 9, 2020 at 6:30 PM by emailing isimons@salem.com OR leaving a voice mail at 978-619-5614. Please include your name, address, subject matter in addition to phone number, email address and screen name in which you will be using that evening. If you are able you may participate in Public Testimony remotely or the Council President will read your comment into the record if emailed.  4 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING HEARINGS NONE  5 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s reappointment of Rebecca Christie of 17 Marlborough Rd to the Commission on Disabilities for a term of 3 years to expire April 13, 2023. Action Contemplated Councillor Flynn Confirmation by roll call vote Yeas Nays Abs  6 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated and transferred from the “Capital Outlay Fund 2000” to the ST CIP Health Mack Park Farm Project account for the construction of a split-farm fence, French drain and irrigation pond 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 ORDERED: That the sum of Ten thousand Nine Hundred Thirty-One dollars and six cents ($10,931.06) is hereby transferred from the “City Council Advertising Account” (11112-5306) to the “Elections Overtime Account” and the “Elections Part Time Salary Account” as provided below to cover early voting costs and those costs resulting from the March 3, 2020 Presidential Primary Election in accordance with the recommendation of Her Honor the Mayor. Description Fund Amount Election Overtime 11621-5131 $ 7,735.64 Elections Part-Time Salary 11621-5113 $ 3,195.42 $ 10,931.06 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Turiel Moved Adoption Voted OR Refer to Admin. & Finance under the Rules  7 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Eight Thousand Dollars Ninety dollars ($8,090.00) is hereby transferred and appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the General Fund Election Poll Worker Account to cover the cost of poll workers for the March third Presidential Primary election in accordance with the recommendation of Her Honor the Mayor. Description Fund Amount Election Poll Worker Account 11622-5309 $ 8,090.00 $ 8,090.00 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 APRIL 9, 2020 CITY COUNCIL REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  9 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Riccardi ORDERED: That the Salem City Council, consistent with an Order of the Salem Cemetery Commission adopted on April 6, 2020, hereby establish an arboretum at Greenlawn Cemetery and name it the F. Carrol Sargent Arboretum at Greenlawn Cemetery. Action Contemplated Councillor Riccardi Moved Adoption Voted Councillor Turiel In the year Two Thousand and Twenty An Ordinance to amend an ordinance relative to Traffic Ch. 42 Sec. 57A – Parking Time Limited; unmetered & Sec. 13 – Service Zones Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 57A – Parking time limited; unmetered zones Article V be amended by repealing the following: Washington Street – Parking time limited; unmetered – southwest side beginning at #248 and continuing to #264, two hour parking, Monday through Saturday, 8:00 A.M. to 6:00 P.M Section 2. Section 13 – Service zones of Division 2 of Article V be amended by repealing the following: Washington Street – Service zones – in front of #264 Washington Street, for a distance of forty (40) feet, Service Zone, Monday through Saturday, 9:00 A.M. to 5:00 P.M. Washington Street – Service zones – in front of #264, eastbound for a distance of forty (40) feet. No Parking Service Zone.  10 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Washington Street – Service zones – beginning sixty (60) feet from the intersection of Pond Street and Washington Street, westerly side, and running south for a distance of sixty (60) feet. Washington Street – Service zones – on the southwesterly side of Washington Street, for a distance of fifteen (15) feet, extending from a point twenty (20) feet southeasterly of Pond Street. Section 3. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Turiel Moved Adoption for first passage Voted Councillor Hapworth In the year Two Thousand and Twenty An Ordinance to amend an ordinance relative to Traffic – Bus Stops Be it ordained by the City Council of the City of Salem, as follows: An Ordinance Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 11 – Bus stops of Article I be amended by repealing the following: Essex Street – Bus Stops – northerly side, for a distance of fifty (50) feet from Hawthorne Boulevard alongside Hawthorne Hotel as indicated by signs. Essex Street – Bus Stops – northerly side, for a distance of seventy-two and one-half (72 ½) feet extending easterly from North Street as indicated by signs.  11 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Essex Street – Bus Stops – southerly side, for a distance of fifty (50) feet from Hawthorne Boulevard alongside Hawthorne Hotel as indicated by signs. Jefferson Avenue – Bus Stops – westerly side, for a distance of sixty (60) feet from Willson Street in a northerly direction as indicated by signs. (10/27/65 DPW 13207) New Derby Street – Bus Stops – southerly side, for a distance of seventy-six and five-tenths (76.5) feet extending westerly from the westerly side of Dodge Street Court as indicated by signs. North Street – Bus Stops – westerly side, for a distance of fifty-two (52) feet extending northerly from a point opposite the southerly line of Lynde Street as indicated by signs. Washington Street – Bus Stops – easterly side, from a point beginning sixty (60) feet from northerly corner of New Derby Street and extending northerly a distance of seventy (70) feet between signs. This stop shall be marked "Bus Stop". (9/8/88) Washington Street – Bus Stops – westerly side, for a distance of forty (40) feet extending from a point twenty (20) feet north from Essex Street as marked by signs. (12/7/87) Section 2. Section 11 – Bus stops of Article I be further amended by adding the following: Essex Street – Bus Stops – northerly side, beginning at a point 290 feet west of North Street, for a distance of fifty (50) feet in an easterly direction. One (1) hour limit. Tour Bus Parking only, Tow Zone. 9:00 A.M. to 6:00 P.M. yes Fort Avenue – Bus Stops – westerly side, beginning at a point eight hundred fifty (850) feet from the intersection with Memorial Drive, for a distance of six hundred ten (610) feet. Tour Bus Parking only, Tow Zone. 9:00 A.M. to 6:00 P.M. October 1 to November 1. Section 3. Section 11 – Bus stops of Article I be further amended by repealing the following: Congress Street Bridge – Bus Stops – outbound, southeasterly direction for a distance of one hundred sixty (160) feet starting at the beginning of the Bridge curbing. Near 26 Congress Street. Tour Bus Parking only, Tow Zone. And replacing it with:  12 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Congress Street Bridge – Bus Stops – outbound, southeasterly direction for a distance of one hundred sixty (160) feet starting at the beginning of the Bridge curbing. Near 26 Congress Street. Two (2) hour limit. Tour Bus Parking only, Tow Zone. 9:00 A.M. to 6:00 P.M. Section 4. Section 11 – Bus stops of Article I be further amended by repealing the following: Lynde Street – Bus Stops – northerly side in a westerly direction, beginning three hundred twenty- six (326) feet from Washington Street and extending fifty (50) feet, (front of #16 Lynde Street), "Tour Bus Parking Tow Zone" And replacing it with: Lynde Street – Bus Stops – northerly side in a westerly direction, beginning three hundred twenty- six (326) feet from Washington Street and extending fifty (50) feet, (front of #16 Lynde Street). One (1) hour limit. Tour Bus Parking only, Tow Zone. 9:00 A.M. to 6:00 P.M. Section 5. Section 11 – Bus stops of Article I be further amended by repealing the following: New Liberty Street – Bus Stops – beginning twenty (20) feet from Brown Street in front of National Park Service Visitor's Center for a distance of forty (40) feet. "Bus drop off only, 10-minute limit." And replacing it with: New Liberty Street – Bus Stops – beginning twenty (20) feet from Brown Street in front of National Park Service Visitor's Center for a distance of forty (40) feet. Ten (10) minute limit. Tour Bus Drop Off only, Tow Zone. 9:00 A.M. to 6:00 P.M. Section 6. Section 11 – Bus stops of Article I be further amended by repealing the following: Washington Square South – Bus Stops – beginning one hundred ninety-eight (198) feet from the intersection of Washington Square West and extending one hundred twenty (120) feet in an easterly direction. Tour Bus Parking, Tow Zone." And replacing it with: Washington Square South – Bus Stops – beginning one hundred ninety-eight (198) feet from the intersection of Washington Square West and extending one hundred twenty (120) feet in an easterly direction. Two (2) hour limit. Tour Bus Parking only, Tow Zone. 9:00 A.M. to 6:00 P.M.  13 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Section 7. Section 11 – Bus stops of Article I be further amended by repealing the following: Washington Square West – Bus Stops – Bus drop off only, 10-minute limit. 9:00 A.M. to 6:00 P.M., two spaces, in front of the Andrew Stafford House. And replacing it with: Washington Square West – Bus Stops – westerly side beginning twenty (20) feet from the intersection of Brown Street for a distance of one hundred (100) feet in a southerly direction. One (1) hour limit. Tour Bus Parking only, Tow Zone. 9:00 A.M. to 6:00 P.M. Section 8. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Hapworth Moved Adoption for first passage Voted  14 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING COMMITTEE REPORTS Councillor Turiel offered the following report for the Committee on Administration & Finance co-posted with the Committee of the Whole to whom it was referred the matter of a Bond order for $1,565,000.00 to replace the boiler system at Bentley Academy for second and final passage has considered said matter and would recommend: (action unknown meeting took place after agenda deadline) – (if adopting for second and final passage need RCV) Accept the Report Voted Adopt the Recommendation Voted  15 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE  16 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING PETITIONS A petition from Comcast to install a Conduit on 125 Essex St Hearing Ordered April 23, 2020 A petition from National Grid and Verizon to install 2 JO Poles. 1 on Ferry St. and 1 on Waite St. Hearing Ordered April 23, 2020 A petition from Verizon to attach a small cell Wireless Antenna on the following Streets: 201 Derby St. 389 Lafayette St. 8 Loring Ave. 198 Loring Ave. 28 Raymond Rd. 13 Washington Sq. Hearing Ordered April 23, 2020 The Following License Applications: TAG DAYS: Salem Academy Charter School September 4, 11, 18 & 25, 2020 Action Contemplated Councillor Madore Moved referred to the Comm. on Voted Ord., Lic. & Legal Affairs  17 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Second Passage of an Ordinance amending Traffic Ch. 42 Sec. 88 – Speed Zone Regulations was then taken up. 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: 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)  18 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS 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 Moved Adoption for second and final passage Voted Second Passage of an Ordinance amending Traffic Ch. 42 Sec. 49 Stop Sigh was then taken up. 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 second and final passage Voted  19 CITY OF SALEM APRIL 9, 2020 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Second Passage of an Ordinance amending Traffic Ch. 42 Sec. 49 Stop Signs was then taken up. 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 second and final passage Voted On the motion of Councillor the meeting adjourned at P.M.