City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall October 13, 2020 MEETING NOTICE AND AGENDA The City Council will meet on Thursday, October 15, 2020 at 7:00 P.M. remotely to hold its regular meeting for the purpose of discussing any and all business. Pursuant to Governor Baker’s March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, §20,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 Salem City Council will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the city’s website, at www.salem.com. 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, despite best efforts, we will post on the city’s website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. For this meeting, members of the public who wish to watch, listen or provide comment (if applicable) during the meeting may do so in the following manner: Please click the link below to join the webinar: https://us02web.zoom.us/j/84122954687 - Or Telephone: Participants can dial a toll free number at 877-853-5257 (Toll Free) or 888- 475-4499 (Toll Free). When prompted, enter meeting/webinar ID#: 841 2295 4687 and follow the instructions to join the meeting. For those dialing in, you may press *9 to raise your hand to speak if signed up for public testimony or to participate in the public hearing portion of the agenda (if applicable) - Watch meeting live on SATV on Channel 22. - Members of the public wishing to speak on the agenda items must follow the “How to Sign Up for Public Testimony” outlined on the agenda below. - Members of the public wishing to speak during hearings designated as public hearings may do so by following how to participate noted above.  2 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING Very truly yours, ATTEST: ILENE SIMONS CITY CLERK “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’s Office at 978-745-9595 ext. 41200 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 OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING A Regular Meeting of the City Council is being held remotely on Thursday, October 15, 2020 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on October 13, 2020 at 11:50 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 the date of the meeting by 6:30 P.M. 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 OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING HEARINGS NONE  5 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s Re-appointment of Janine Liberty of 6 Maple Ave. to the Public Art Commission with a term to expire November 15, 2022 to replace Alexander Mitchell- Munevar Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Flynn Moved Confirmation by RCV Yeas Nays Abs ______________________________________________________________________ The Mayor’s Re-appointment of Carly McClain of 22 Albion to the Zoning Board of Appeals with a term to expire October 21, 2021 Action Contemplated Councillor Flynn Moved Confirmation by RCV Yeas Nays Abs  6 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of One Million, One Hundred and Ten Thousand Dollars ($1,110,000.00) is hereby appropriated from unused and existing bond premiums to be applied to the first phase of the Forest River Outdoor Recreation and Nature Center Project in accordance with the recommendation of Her Honor the Mayor. Councillor Turiel Suspension of the Rules C. Objection Action Contemplated Councillor Turiel Moved Adoption by RCV Yea Nay Abs OR Refer to Admin. & Finance under the Rules ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated from the Receipts Reserved funds listed below to the Department of Public Services Burial Account (14112-5383) in accordance with the recommendation of Her Honor the Mayor. From To Amount 2430- 14112- DPS 4800 R/Res Sale of Lots 5383 Burial 18,000.00 2431- R/Res Sale of 14112- DPS 4800 Vaults 5383 Burial 2,000.00 Total 20,000.00 Councillor Turiel Suspension of the Rules C. Objection Action Contemplated Councillor Turiel Moved Adoption by RCV Yea Nay Abs OR Refer to Admin. & Finance under the Rules  7 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  8 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Madore ORDERED: That the following street be given temporary status as “Parking Prohibitions Towing Zone, Resident Sticker” parking from October 1 through October 31, 2020 to allow parking enforcement staff and police officers to enforce during the month of October. 1. Chestnut Street between Summer Street and Cambridge Street Be it further ordered that the fine for violating the aforementioned temporary parking prohibitions shall be $50.00 from Monday through Sunday in the month of October. Action Contemplated Councillor Madore Moved Adoption by RCV Yeas Nays Abs Councillor Sargent ORDERED: That the regular meetings of the City Council for the months of November and December 2020 be held on the following dates: November 19, 2020 and December 3, 2020. Action Contemplated Councillor Sargent Moved Adoption by RCV Yeas Nays Abs  9 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING COMMITTEE REPORTS NONE  10 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS The following Communication from the City Solicitor: ORDERED: Parcel 1, a portion of 413 Essex Street, shown on the attached plan entitled “Plan of Land in Salem” prepared by Hancock Associates and consisting of 1,003 square feet is hereby declared surplus property as it is not needed for any municipal use. Be it further Ordered that the City’s Director of Public Property/Building Commissioner is authorized to advertise Parcel 1 for sale by sealed bid. Action Contemplated Councillor Madore Moved Adoption by RCV Yeas Nays Abs The following Communication from the Director of Inspectional Services Dear Council Members: This Department issued a Building Permit for a swimming pool at 7 Scotia Street. The owner decided not to pull the permit and is requesting a refund of the permit fee in the amount of $210.00. I respectfully ask the Council to allow the City to refund this permit fee. Sincerely, Thomas St. Pierre Building Commissioner Action Contemplated Councillor Flynn Moved Adoption by RCV Yeas Nays Abs  11 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS The following Communication from Amanda Chiancola on behalf of the Affordable Housing Trust Fund Board submitting the Affordable Housing Trust Fund Board’s FY2020 annual report. FINANCIAL REPORTING REQUIREMENTS According to Article Seventeenth of the City of Salem Affordable Housing Trust Fund Board’s Declarations the Trust shall submit a report Trust shall submit a report for each fiscal year to the City Council. The report should entail a summary of affordable housing programs or properties the Trust assisted along with a description of funds received and expended during the year. BOARD MEMBERS AND MEETINGS The Affordable Housing Trust Fund met nine (9) times during fiscal year 2020: July 22, 2019; August 22, 2019; September 10, 2019; December 3, 2019; January 7, 2020; March 3, 2020; April 7, 2020; May 5, 2020 and June 2, 2020. The following individuals served as Board members of the Affordable Housing Trust Fund between the period of July 1, 2019 to June 30, 2020. Board Member/Term Expiration Mayor Kimberley Driscoll, Chair, January 1, 2022 Mickey Northcutt, Vice Chair, January 25, 2022 Ward 2 City Councillor, Christine Madore, December 31, 2019 Ward 7 City Councillor, Stephen Dibble - 2019 City Council President, December 31, 2019 At Large Councillor, Arthur Sargent III, December 31, 2019 Ward 1 Councillor and City Council President, Robert McCarthy, December 31, 2020 At Large Councillor, Ty Hapworth, December 31, 2020 Ward 3 Councillor, Patricia Morsillo, December 31, 2020 Ben Anderson, February 8, 2022 Rebecca Curran, January 25, 2022 John Boris, May 24, 2022 Cynthia Nina-Soto, March 14, 2020 Filipe Zamborlini, March 12, 2021  12 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS DESCRIPTION AND SOURCE OF FUNDS RECEIVED The Affordable Housing Trust Fund did not receive any funds during Fiscal Year 2020. FUNDS EXPENDED The Trust’s total funds at the start of fiscal year 2019 was $11,212.56. The Affordable Housing Trust Fund appropriated $5,000 to conduct a title review of 56 Memorial Drive, 77 Willson Street and 5R Fredrick Street, with the caveat the funds will be used for deed restricted affordable housing and repaid to the trust if the land is developed. Of the appropriated funds, $4,766 was encumbered. At the end of fiscal year 2020, the trust fund has a balance of $6,446.58. ACTIVITY As noted above, the only funds appropriated in fiscal year 2020 were to conduct a title review of three publicly owned properties, as analyzing opportunities to use city owned land for affordable housing is a top priority of the Affordable Housing Trust Fund Board. Additional work that occurred throughout fiscal year 2020 include providing staff input and guidance on several affordable housing tools such as the Housing Development Incentive Program, the Municipal Reuse Overlay District Ordinance and the City’s Consolidated Plan. The Affordable Housing Trust Fund Board also tracks that status of newly permitted housing units in Salem. The Affordable Housing Trust Fund Board spent a significant amount of time in fiscal year 2020 on the proposed inclusionary housing and the accessory dwelling unit ordinances, as further described below. Inclusionary Housing Ordinance The Affordable Housing Trust Fund Board discussed and worked on an inclusionary housing ordinance at nearly every Board meeting during fiscal year 2020. The Affordable Housing Trust Fund Board pursued data driven analysis to inform their recommendations with a goal of maximizing the number of affordable units and the depth of affordability. Specifically, the AHTF wanted to understand the internal rate of return (IRR) for ownership units to ensure that projects would still be financially feasible if the ordinance were to require ownership affordable units at 60% of area median income (AMI). In addition, the Affordable Housing Trust Fund Board considered mortgage application data and an analysis of the price gap between market rate and affordable homeownership units to understand whether there are buyers for the deed-restricted affordable homeownership opportunities at 60% AMI or whether lending practices reduce this population to the point that the units would sit empty. The Affordable Housing Trust Fund Board also considered the impact of an inclusionary housing ordinance on adaptive reuse projects and developed specific language that would provide flexibility in narrowly defined adaptive reuse projects. After several meetings working through the ordinance, the Affordable Housing Trust Fund Board recommended that the ordinance be submitted to the City Council.  13 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS ADU Ordinance The Affordable Housing Trust Fund Board framed the metrics of a proposed tax incentive and loan program, both of which would be supplemental to the accessory dwelling unit ordinance. Advocacy Efforts The Affordable Housing Trust Fund Board also leveraged its capacity as an affordable housing advocate in fiscal year 2020. The Affordable Housing Trust Fund Board advocated that the Community Preservation Authority prioritize affordable housing when considering their funding awards and wrote a letter of support for the City of Salem Council on Aging Board’s Community Preservation Application for rental relief. Lastly, the Affordable Housing Trust Fund Board advocated for the City Council to adopt both the Inclusionary Zoning and Accessory Dwelling Unit ordinances. Action Contemplated Councillor Morsillo Moved Received and Filed Voted  14 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING PETITIONS The Following License Applications: PUBLIC GUIDES: Mia Fantaci Hale 3 Reliance Row, Salem Jonathan Michael Ferreira 62 Elm St., Somerville, MA Zach Weeks 123 North St. #2, Salem, MA TAXI OPERATORS: Cesar Santana 47 Collins St., Lynn VEHICLE FOR HIRE (2 LICENSES / 2 ALTERNATE): Salem Trolley, 8 Central St., Salem VEHICLE FOR HIRE – OPERATORS ONLY : Roger Fruggiero 11 Berrywood Ln., Salem Action Contemplated Councillor Madore Moved Granted VOTED The Following Claims: Michaic Orlov 16 Good Hope Lane, Salem Linda Ferrarresso, 67 Aurora Lane, Salem Action Contemplated Councillor Madore Moved referred to the Comm. on VOTED Ord., Lic. & Legal Affairs  15 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Second Passage of the following Ordinance amending Traffic In the Year Two Thousand and Twenty An Ordinance to amend an Ordinance relative to Traffic, Ch. 42. Sec. 50B Be it ordained by the City Council of the City of Salem, as follows: Section 1. Amending Chapter 42, Section 50B – “Handicap Zones, Limited Time” is hereby amended by adding the following: One HP parking space to be added on, Salem Street in front of #28 on the West side, beginning four (4) feet north of the driveway at 28 Salem Street, running north for twenty (20) feet “Handicapped Zones, Limited Time.” Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor McCarthy Adoption for second passage by RCV Yeas Nays Abs Second Passage of the following Ordinance amending Traffic In the Year Two Thousand and Twenty An Ordinance to amend an Ordinance relative to Traffic, Ch. 42. Sec. 50B Be it ordained by the City Council of the City of Salem, as follows: Section 1. Amending Chapter 42, Section 50B – “Handicap Zones, Limited Time” is hereby amended by adding the following:  16 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS One HP parking space to be added on, Leach Street on the North side, starting four (4) feet from the driveway at 15 Leach Street, running east for twenty (20) feet “Handicapped Zones, Limited Time.” Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Turiel Adoption for second passage by RCV Yeas Nays Abs Second Passage of the following Ordinance amending Traffic In the Year Two Thousand and Twenty An Ordinance to amend an Ordinance relative to Traffic, Ch. 42. Sec. 50B Be it ordained by the City Council of the City of Salem, as follows: Section 1. Amending Chapter 42, Section 50B – “Handicap Zones, Limited Time” is hereby amended by adding the following: One HP parking space to be added on, Appleton Street on the East side, beginning fifty-six (56) feet South of the intersection of Nursery Street, running South for twenty (20) feet “Handicapped Zones, Limited Time.” Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Adoption for second passage by RCV Yeas Nays Abs  17 CITY OF SALEM OCTOBER 15, 2020 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Second Passage of the following Ordinance amending Traffic In the Year Two Thousand and Twenty An Ordinance to amend an Ordinance relative to Traffic, Ch. 42. Sec. 50B Be it ordained by the City Council of the City of Salem, as follows: Section 1. Amending Chapter 42, Section 50B – “Handicap Zones, Limited Time” is hereby amended by repealing the following: Repeal – Barton Street, in front of #13 ½ Barton Street, for a distance of twenty (20) feet “Handicapped Zones, Limited Time.” (1/11/18) Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Madore Adoption for second passage by RCV Yeas Nays Abs On the motion of Councillor the meeting adjourned at P.M.