City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall May 25, 2021 MEETING NOTICE AND AGENDA The City Council will meet on Thursday, May 27, 2021 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/83118146378?pwd=eExZR05rSVoyMFVTYnJXNmQxYXdUZ z09 Password: 629147 Go to the website link https://zoom.us/join. Enter meeting/webinar ID# 831 1814 6378 followed by the meeting password above if directed to do so on screen. Or Telephone: Participants can dial a toll free number at 877-853-5257 or 888- 475- 4499. When prompted, enter meeting/webinar ID#: 831 1814 6378 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.  2 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING 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. If wishing to speak during public hearings designated on the agenda, you may raise your hand. 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 MAY 27, 2021 CITY COUNCIL REGULAR MEETING A Regular Meeting of the City Council is being held remotely on Thursday, May 27, 2021 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on May 25, 2021 at 8:59 A.M. This meeting is being taped and is live on S.A.T.V. Councillors absent: Council President Madore presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Madore 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 MAY 27, 2021 CITY COUNCIL REGULAR MEETING HEARINGS Continued from the May 13, 2021 meeting. ORDERED: Comcast to install conduit on First St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Morsillo Moved to close the Public Hearing Voted Councillor Morsillo Moved Granted by RCV Yeas Nays Absent  5 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING HEARINGS ORDERED: National Grid to install Conduits on First St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Morsillo Moved to close the Public Hearing Voted Councillor Morsillo Moved Granted by RCV Yeas Nays Absent  6 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s appointment of Emiluis Perez of 7 Ord St. to the Parks and Recreation Commission with a term to expire October 18, 2023. Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Hapworth Held under the Rules Voted Until the next meeting The Mayor’s re-appointment of Steven Havey to serve as a Constable with a term to expire April 18, 2024. Action Contemplated Councillor Morsillo Moved Received and Filed Voted  7 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Mayor submitting Fiscal year 2022 Operating and Capital Budget (See letter below) Honorable Salem City Council Salem City Hall Salem, MA 01970 RE: FY2022 Budget Filing Ladies and Gentlemen of the Council: We are pleased to present the balanced FY2022 operating and capital budgets for the City of Salem and the Salem Public Schools. The complete budget binders will be provided to you on Thursday. The COVID-19 pandemic has impacted our community, our Commonwealth, and our country to an unprecedented degree. The virus has taken lives, disrupted work and school, and forced us to adapt to ensure the health and safety of our community. Through it all, our dedicated City workforce has continued to provide the critical government services upon which our constituents rely every day. The pandemic, however, also triggered an unforeseeable financial crisis. With economic activity coming to a near complete standstill for much of FY2021, City revenues were substantially impacted. Now, however, our revenues are rebounding, and our local economy is coming back stronger than ever. Over the past year Salem had a net zero loss in businesses and our storefront vacancy rate decreased to 4%. Three of every five residents who lost their job at the height of the pandemic recession are now working again and the pace of our drop in unemployment is double that of the nationwide pace. We weathered the fiscal challenges without having to draw down substantially from our reserve funds or tap heavily into our levy capacity. In FY2022 we will continue to strive to exceed the service level expectations of our constituents, while ensuring fiscal prudency in expenditures. The proposed budget aligns operations with our strategic goals and objectives, while maintaining necessary fiscal controls and a careful attention to our financial forecasts. It will demonstrate, once again, a strong commitment to the people we are fortunate enough to have been elected to serve. It continues our balanced and responsible approach to City finances. It invests in the critical services that make Salem a vibrant city and one with schools in which we can all take pride – in short, a stronger, more livable city for all. I look forward to working with you in the coming days to enact this proposed spending plan to ensure that Salem is a City that continues to welcome and work for everyone. Sincerely, Kimberley Driscoll, Mayor City of Salem Action Contemplated Councillor Turiel Moved Referred to the Committee on Voted Administration and Finance co-posted with Committee of the Whole  8 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Fiscal Year 2022 General Fund Capital Improvement Program Funded from Bond Authorization as amended below: ORDERED: That the sum of $9,819,000 be and hereby is appropriated to pay costs of the following capital equipment and capital improvement projects listed under the heading FY22 CIP- Funded from BOND AUTHORIZATION and for the payment of all costs incidental and related thereto, and that to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, Section 7, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor. FY22 CIP-Funded from BOND AUTHORIZATION Engineering Roads, Sidewalks & Crosswalks (Non Chapter 90 eligible, includes Bridge, Boston, Washington, Essex, $1,500,000 Other) Engineering Citywide Seawall Improvements $ 200,000 Engineering McGrath Park Soils Redemption $ 200,000 Engineering Derby Street Complete Project Phase 3 $ 560,000 Fire New Engine to Replace Engine 1 $ 662,000 IT Annual Equipment-Life-Cycle Mgmt Program (City) $ 125,000 Library General Building Upgrades, Improvements, Envelope, $ 85,000 ADA Recreation Golf Course Cart Paths (CPA) $ 426,000 Recreation City Wide Playground Equipment, Court, Minor Park $ 100,000 Repairs Recreation Park and Recreation Major Improvements/ADA $ 100,000 Recreation Willows Pier $ 900,000 Parking and Traffic Traffic Calming Improvements $ 70,000 Parking and Traffic Bicycle Infrastructure Design, Implementation & $ 100,000 Repairs/Improvements Parking and Traffic Museum Place Garage Renovation Phase 2 $1,580,000 Parking and Traffic South Harbor Garage Stair Replacement & ADA $ 850,000 Compliance Parking and Traffic MP & SH Garage Maintenance, Repairs, ADA $ 100,000 Planning OTH Restorations & Systems Assesment, Planning, $ 100,000 Design Police Police & Fire Radio Communication System $ 250,000 Police Vehicle Replacement Program $ 150,000 Public Servcies - Annual Small Repairs, DPS Building Studies and ADA $ 75,000 Equipment Improvements - DPS & Cemeteries  9 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING Public Servcies - Salem DPS Salt Shed Project $ 420,000 Equipment Public Servcies - Replace Primary Sweeper $ 241,000 Equipment Schools School Life Safety, MEP, Utility, Roof Repairs, $ 150,000 Upgrades, Studies Schools Collins Roof/Masonry Study/Repair $ 125,000 Schools District Camera and Access Control $ 250,000 Schools Energy/Water Upgrades and Audits $ 125,000 Schools Witchcraft Heights Floor Replacement $ 300,000 Schools ADA/Architectural/Interior, Site Repairs, Upgrades, $ 75,000 Studies Schools TOTAL BOND AUTHORIZATION: $9,819,000 Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. Be it further Ordered: That the Mayor and the Treasurer are each authorized to file an application to qualify under Chapter 44A of the Massachusetts General Laws any and all bonds of the City issued under and pursuant hereto, and to Provide such information and execute such documents as may be required in connection therewith. Councillor Turiel Suspension of the Rules C. Objected Action Contemplated Council Turiel Moved adoption for first passage by RCV Yeas Nays Abs OR Refer to the Comm. on Admin. & Fin. Co-posted with Comm. of the Whole  10 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Fiscal Year 2022 Water and Sewer Capital Improvement Program Funded from Bond Authorization as amended below: ORDERED: That the sum of $4,429,000 be and hereby is appropriated to pay costs of the following capital equipment and capital improvement projects listed under the heading FY22 CIP – Funded from BOND AUTHORIZATION and for the payment of all costs incidental and related there to, and that to meet said appropriation the Treasurer, with the approval of the Mayor, is authorized to borrow said sum under M.G.L. Chapter 44, Sections 7 and/or 8, or pursuant to any other enabling authority, and to issue bonds or notes of the City therefor. FY22 CIP-Funded from BOND AUTHORIZATION Water Citywide Flushing, valve excecise, leak detection, GIS $400,000.00 Water Folly Hill Water Tank Upgrades/Major Repairs $345,000.00 Water Highland Ave 16 inch Water Main $300,000.00 Water Water Distribution Main System Improvements $800,000.00 Water Water Meter Reader Truck $34,000.00 Water Water Transmission Main System Improvements $400,000.00 Water Loring Ave. 16 Ince Water Main Replacement $200,000.00 Community Wide Climate Change/Stormwater/Watershed Model and Sewer Outreach $50,000.00 Sewer Citywide Drain & Sewer Flushing, Pipe Replacements, Sewer Extensions, GIS $1,450,000.00 Sewer Ocean Ave Sewer Pump Station Design $150,000.00 Sewer SSES Report Implementation (eliminate I/I sources citywide) $300,000.00 TOTAL BOND AUTHORIZATION: $4,429,000 Any premium received upon the sale of any bonds or notes approved by this vote, less any such premium applied to the payment of the costs of issuance of such bonds or notes, may be applied to the payment of costs approved by this vote in accordance with Chapter 44, Section 20 of the General Laws, thereby reducing the amount authorized to be borrowed to pay such costs by a like amount. And Be it further Ordered: That the Mayor and the Treasurer are each authorized to file an application to qualify under Chapter 44A of the Massachusetts General Laws any and all bonds of the City issued under and pursuant hereto, and to provide such information and execute such documents as may be required in connection therewith.  11 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Councillor Turiel Suspension of the Rules C. Objected Action Contemplated Council Turiel Moved adoption for first passage by RCV Yeas Nays Abs OR Refer to the Comm. on Admin. & Fin. Co-posted with Comm. of the Whole Ordered: That the sum of $995,000 be and hereby is appropriated as part of the FY 2022 Capital Improvement Plan to be expended as listed below in accordance with the recommendation of Her Honor the Mayor. Department Description Account Amount Building 2000- Improvements, Upgrades, Repairs, and ADA Compliance - $40,000 20002022AA City Clerk 2000- Replacement of Voting Equipment $55,000 20002203AA Electrical 2000- F350 Utility Truck $55,000 20002208AA Fire 2000- Portable Radios $20,000 20002210AA Fire 2000- General Building Maintenance/Upgrades/Master Plan $50,000 20002210AB HarborMaster 2000- Dockhouse Relocation $50,000 20002211AA Health 2000- Mack Park Community Farm $15,000 20002212AA Recreation 2000- Equipment - Golf Course & Winter Island $87,000 20002217AA Parking Parking Equipment Install and Maintenance (meters, kiosks, Evs, 2000- 20002218AA $75,000 other) Planning Studies, Including Open Space, Harmony Grove Multi-Use Path, 2000- 20002220AA $100,000 Other Planning 2000- Dickson Chapel Next Phases Design $30,000 20002220AB  12 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING Planning OTH & Artist Row General Upgrades, Improvements, Repairs, & 2000- 20002220BB $30,000 ADA Police 2000- Body Worn Cameras, Police Equipment $90,000 20002221AA Police 2000- Community Cameras $45,000 20002221AB Police Police Headquarters General Repairs, Improvements, Elevator, 2000- 20002221AC $75,000 ADA Public 2000- F550 Dump $69,000 Services 20002223AA School 2000- Motorized Cleaning Equipment $109,000 20002225AA TOTAL CAPITAL OUTLAY FUND $995,000 Councillor Turiel Suspension of the Rules C. Objected Action Contemplated Council Turiel Moved adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Admin. & Fin. Co-posted with Comm. of the Whole Ordered: DOR requires that CO#71 that was approved February 25, 2021 be reapproved and modified (amount originally appropriated from retained earnings) That the sum of Eight Hundred and Ninety Thousand dollars ($890,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation - Free Cash” account (1- 3245) to the to the “Engineering FY2021 Water Highland CIP” account (3050-3050300) for the improvement of approximately 1,800 feet of a 16-inch water main in Highland Avenue, in accordance with the recommendation of Her Honor the Mayor. Account Description Amount FY2021 Water Highland 3050-3050300 CIP $890,000.00 Total $ 890,000.00 Action Contemplated Council Turiel Moved adoption by RCV Yeas Nays Abs  13 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR The following 9 Orders are required per DOR to be reapproved Ordered: DOR requires that CO#10 that was approved January 14, 2021 be reapproved. Original Request: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the “Health Department Contracted Services" account (15102-5320) to fund labor and equipment rental costs for the Mack Park Food Farm in accordance with the recommendation of Her Honor the Mayor. Account Description Amount Health Department Contracted 15102-5320 Services $20,000.00 Total $ 20,000.00 ------------------------------------------------------------------------------------------------------------------------- Ordered: DOR requires that CO#12 that was approved January 14, 2021 be reapproved. Original request: That the sum of Seven Thousand Dollars ($7,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation - Free Cash” account (1-3245) to the “COA Vehicle Prts & Acces" account (15412-5483) for state inspections and maintenance and repairs in accordance with the recommendation of Her Honor the Mayor. Account Description Amount 15412-5483 COA Vehicle Prts & Acces $7,000.00 Total $ 7,000.00 ----------------------------------------------------------------------------------------------------------------------------  14 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Ordered: DOR requires that CO#33 that was approved January 28, 2021 be reapproved. Original request: That the sum of Three Hundred and Fifty Thousand Dollars ($350,000.00) is hereby appropriated from General Fund Balance Reserved for Free Cash (1-3245) to the following special revenue funds. This transfer is requested in accordance with the recommendation of Her Honor the Mayor. Fund Name/Description Amount Retirement Stabilization Fund 8311 $ 350,000.00 --------------------------------------------------------------------------------------------------------------------- Ordered: DOR requires that CO#66 that was approved February 11, 2021 be reapproved. Original request: That the sum of Eighty-Three Thousand, Seven Hundred, Fourteen Dollars and Twenty-Eight Cents ($83,714.28) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to restore budget cuts made as a result of COVID 19 Pandemic in accordance with the recommendation of Her Honor the Mayor. Account Description Amount 14111-5111 DPS FT Salaries 83,714.28 Total $ 83,714.28 ---------------------------------------------------------------------------------------------------------------------------- Ordered: DOR requires that CO#135 that was approved March 25, 2021 be reapproved. Original request: That the sum of Three Hundred Thousand Dollars ($350,000.00) is hereby appropriated from General Fund Balance Reserved for Free Cash (1-3245) to the following special revenue funds. This transfer is requested in accordance with the recommendation of Her Honor the Mayor. Fund Name/Description Amount Retirement Stabilization Fund 8311 $ 350,000.00 ---------------------------------------------------------------------------------------------------------------------------------------  15 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Ordered: DOR requires that CO#141 that was approved March 25, 2021 be reapproved. Original request: That the sum of Forty Thousand Dollars ($40,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to appropriate start up costs for the Parks & Recreation Department, New Charter Street Cemetery Welcome Center at the Samuel Pickman House as provided below in accordance with the recommendation of Her Honor the Mayor. Account Description Amount 16521-5118 P&R Seasonal Salary $ 24,000.00 16522-5581 P&R Inventory 14,000.00 16522-5320 P&R Contracted Services 2,000.00 Total $ 40,000.00 ----------------------------------------------------------------------------------------------------------------------------------------- Ordered: DOR requires that CO#199 that was approved April 22, 2021 be reapproved. Original request: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the Planning Contracted Services account to update the local wetlands protection policy in accordance with the recommendation of Her Honor the Mayor. Account Description Amount 11822-5320 Contracted Services $ 30,000.00 Total $ 30,000.00 ----------------------------------------------------------------------------------------------------------------------------  16 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Ordered: DOR requires that CO#201 that was approved April 22, 2021 be reapproved. Original request: That the sum of Twenty-Three Thousand Two-hundred Dollars ($23,200.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1- 3245) to increase the Police Department Training and Education Account to cover the cost recruit training in accordance with the recommendation of Her Honor the Mayor. Account Description Amount 12102-5317 Training and Education $ 23,200.00 Total $ 23,200.00 ---------------------------------------------------------------------------------------------------------------------------- Ordered: DOR requires that CO#202 that was approved April 22, 2021 be reapproved. Original request: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to replenish the Fire Department purchase of services account to upgrade VOC voice-alarm dispatch system in accordance with the recommendation of Her Honor the Mayor. Account Description Amount 12202-5300 Purchase of Services $ 20,000.00 Total $ 20,000.00 Action Contemplated Councillor Turiel Moved adoption by RCV Yeas Nays Abs  17 CITY OF SALEM MAY 27, 2021 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 replenish the City Council Advertising account for required public meeting advertising expenditures in accordance with the recommendation of Her Honor the Mayor. Account Description Amount 11112-5306 City Council Advertising $ 15,000.00 Total $ 15,000.00 Councillor Turiel Suspension of the Rules C. Objected Action Contemplated Council Turiel Moved adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Admin. & Fin. Co-posted with Comm. of the Whole Ordered: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to replenish the Police Department radio / vehicle account for increased costs of parts and repairs in accordance with the recommendation of Her Honor the Mayor. Account Description Amount 12102-5253 Radio/Vehicle $ 10,000.00 Total $ 10,000.00 Councillor Turiel Suspension of the Rules C. Objected Action Contemplated Council Turiel Moved adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Admin. & Fin. Co-posted with Comm. of the Whole  18 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Ordered: That the sum of Four Thousand Dollars ($4,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation - Free Cash” account (1-3245) to the “Parks and Recreation Renovation and Repairs" account (16502-5846) for signage for the Community Life Center in accordance with the recommendation of Her Honor the Mayor. Account Description Amount Parks and Recreation Renovation and 16502-5846 Repairs $4,000.00 Total $ 4,000.00 Councillor Turiel Suspension of the Rules C. Objected Action Contemplated Council Turiel Moved adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Admin. & Fin. Co-posted with Comm. of the Whole The following 3 money matters (2 retirement buybacks and 1 for Burial Account) Ordered: That the sum of Twelve Thousand, Five Hundred Twenty-Four Dollars and Fourteen Cents ($12,524.14) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2021 contractual buyback(s) listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount Linda Serpa Assistant Registrar $ 12,524.14 $ 12,524.14 -------------------------------------------------------------------------------------------------------------------------------  19 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR That the sum of Six Thousand, One Hundred Nineteen Dollars and Seventy-Six Cents ($6,119.76) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113- 5146) to be expended for the FY 2021 contractual buyback(s) listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount Deborah Jackson Assessor $ 6,119.76 $ 6,119.76 ------------------------------------------------------------------------------------------------------------------------- Ordered: That the sum of Six Thousand Dollars ($6,000.00) is hereby transferred and 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 2430-4800 R/Res Sale of Lots 14112-5383 DPS Burial $ 4,000.00 2431-4800 R/Res Sale of Vaults 14112-5383 DPS Burial 2,000.00 Total $ 6,000.00 Councillor Turiel Suspension of the Rules C. Objected Action Contemplated Council Turiel Moved adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Admin. & Fin. Co-posted with Comm. of the Whole  20 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR 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 sum of Two thousand, four hundred eighty-two dollars and Ninety-Six Cents ($2,482.96) of outstanding Fiscal Year 2020 invoices is hereby allowed to be paid from the Fiscal Year 2021 Building Department budget as listed below in accordance with the recommendation of Her Honor the Mayor. Department Payee Amount Public Properties/Building $ 2,482.96 Total $ 2,482.96 Councillor Turiel Suspension of the Rules C. Objected Action Contemplated Council Turiel Moved adoption by RCV (2/3 vote required) Yeas Nays Abs OR Refer to the Comm. on Admin. & Fin. Co-posted with Comm. of the Whole ORDERED: That the Salem City council vote, pursuant to the provisions of MGL Chapter 44, Section 53E ½ to authorize the establishment of the revolving funds for fiscal year 2022 has herein described. Expenditures from said funds shall not exceed the amount of funds received in the respective accounts or as authorized as stated, shall come from any funds received by respective boards for performing services, shall be used solely for the purpose of implementing the programs delineated and shall be approved by a majority vote of any respective boards in accordance with Her Honor the Mayor. Dept. Fund Name Fund # Programs & Purposes Type of Receipts Authorization FY 2022 Budget Credited for Spending Request Maximum Annual Expenditures COA COA Programs 2374 To defray program costs Revenues and fees COA Director including instructors, charged for programs and Mayor 40,000.00 presenters, entertainment, decorations, food, etc.  21 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING Electrical Telecom 2376 To fund public information Application fees and City technology, rental revenue from Electrician 50,000.00 telecommunication and telecommunications and Mayor electrical initiatives and attachments pursuant projects to sections 12-125 and 12-170 of the City Ordinances Fire R/A Local 2433 Training and special Fees charged to Fire Chief and Emergency equipment needed to persons spilling or Mayor 40,000.00 Planning Comm resopnd to hazardous releasing hazardous materials incidents per CH materials 21E Harbormaster R/A WI 2368 To Fund Capital items for Fees charged for Boat Harbormaster STORAGE Harbormaster,maintenance and Float Storage at and Mayor 50,000.00 costs of equipment and Winter Island and maritime access projects. Kernwood Marina Health Dept Health Clinics 2364 To support vaccination Reimbursements from Health Agent program and other Health vaccination programs and Mayor 20,000.00 Promotion activities of the Health Department Mayor Special Events 2361 To cover expenses for Revenue from RFP's Mayor Fireworks, bands, portable for services from 125,000.00 potties and other vendors, and from unanticipated expenditures misc sponsorships. Recreation Winter Island 2362 To increase and replenish Revenue from sale of Recreation Store store inventory as needed inventory/services at Director and 40,000.00 and to enhance and Winter Island. Mayor maintain Winter Island Store & Facilities. Recreation Proctor's Ledge 2384 For Maintenance of Revenue of 25 cents Recreation Proctor's Ledge site from the sale of each Director and 12,000.00 ticket at the Witch Mayor House. Recreation Road Race 2385 For Park Maintenance Field rental fees and Recreation Fees five percent of race Director and 6,000.00 and event registration Mayor fees. Recreation Dog Park 2435 Renovations and Fee charged for pass Recreation Maintenance of Dog Park to use dog park (pooch Director and 5,000.00 at Leslie's Retreat Park. pass). $25. annually Mayor for pass. Recreation Park & Rec 2452 To be used for the Parking and launch Recreation Public Access operation and fees charged at Director and 50,000.00 maintenance of Winter McCabe Marina & Mayor Island and McCabe Winter Island Marina  22 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING Recreation Salem Willows 2459 Renovations and Money generated from Recreation Meters Maintenance of Willows Willows Meters Director and 30,000.00 Park. Mayor Recreation Witch House 2499 To support Salem Award 25 cent surchrge to Recreation committee and the Salem tickets beginning in Director and 10,000.00 Witch Trial Memorial May 2009 Mayor Planning & Old Town Hall 2373 Maintenance costs of old Rental revenue of old Director of Community town hall town hall Planning and 50,000.00 Development Mayor Planning & Derby 2375 Improvements for Derby Vendor fees from Director of Community Square/Artists' Square and Artists' Row Derby Square Planning and 50,000.00 Development Row including outdoor Flea/Salvage Art Mayor furniture, signage, lighting, Market, Rent and public art, marketing and Vendor Fees at Artists stipends for performers Row Planning & Utility Energy 2377 To be used for City Credits or payments Director of Community Credit Fund projects or programs that received for City Planning and 250,000.00 Development reduce utility costs, use, projects or programs Mayor and/or emissions. This that specifically result may include personnel in reduction in utility costs associated with costs, use, or participation in the emissions. programs that generate the credits. Planning & Bike Sharing 2383 To receive and expend Revenue from rentals Director of Community revenue from bike share and annual Planning and 50,000.00 Development program for system memberships Mayor operation and promotion Planning & Salem 2453 Fund operational costs of Fees received during Director of Community Ferry/Salem the Salem Ferry and the season for leasinng Planning and 500,000.00 Development Wharf operating, maintenance, of the Salem Wharf, Mayor Operational capital repairs, security, MBTA Salem Passes, utilities related to Salem and fuel Wharf reimbursements Insp Abandoned Prop 2371 To maintain abandoned Registration fees Inspectional Services Maint and foreclosing ($300.00) for vacant Services 85,000.00 residential and and/or foreclosing Director and commercial properties residential properties. Mayor Public Tree Replacement New To replace trees removed Revenue from Director of Services 2330 during construction as contributions per the Tree Public Services 30,000.00 directed by the Tree Warden Ordinance or Planning And Mayor or Planning Board Board decision Engineering Traffic Island 2439 Projects related to City Primarily from: Traffic City Engineer beautification events Island Sponsorships, and Mayor 20,000.00 including Traffic Island, Special Events Beautification, and Revenues, Event and special events Beautification effort sponsors  23 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING School-SBO Building Rental 2601 Building Rental Payments for rental of School building by outside Committee 225,000.00 groups and Mayor School- Early Childhood 2608 Pre-School Tuition Tuition payments for School SPED students attending the Committee 100,000.00 pre-school program at and Mayor the Early Childhood Center School- School Busing 2614 School Bus pass Purchases of school School Trans bus passes Committee 160,000.00 and Mayor School-HS Night/Summer 2620 Night School Tuition Tuition payments for School School students attending the Committee 50,000.00 night school program and Mayor School- Special 2627 Special Education Tuition Tuition Payments for School SPED Education students from other Committee 300,000.00 Tuition distrcits attending and Mayor Special Education programs in Salem School-Auto SHS Automotive 2645 To pay for parts and Fees charged for parts School materials for automotive and materials for Committee 50,000.00 repairs to vehicles automotive repairs to and Mayor brought in to the HS vehicles brought in by Automotive Vocational citizens School by Citizens Totals 2,398,000.00 Action Contemplated Council Turiel Moved adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Admin. & Fin. Co-posted with Comm. of the Whole  24 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Ordinance to Amend Water Rates In the Year Two Thousand and twenty one An Ordinance to amend an Ordinance relative to Rates for Use of Water Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 46, Section 66 is hereby amended by deleting subparagraph (b) in its entirety and replacing it with the following: “(b) The rate for all water furnished by meter measurements effective July 1, 2021 shall be as follows: (1) Residential, per 100 cubic feet $3.64 (2) Nonresidential, per 100 cubic feet $4.92 Section 2. Chapter 46, Section 66 is hereby further amended by deleting subparagraph (e) in its entirety and replacing it with the following: “(e) The minimum rate for residential metered water for each quarter shall be $36.40 per 1000 cubic feet effective July 1, 2021. The use of all water and sewer funds and SESD funds shall be excluded from all private development projects.” Section 3. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved referred to the Comm. on Ordinances, Voted Licenses & Legal Affairs co-posted with Comm. of the Whole Or Adopted for first passage by RCV -----------------------------------------------------------------------------------------------------------------------------------------  25 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Ordinance amending Sewer Rates In the year Two Thousand and Twenty-One An Ordinance to amend an Ordinance relative to Sewer User Charges Be it ordained by the City Council of the City of Salem, as follows: Section I. Chapter 46, Section 230 is hereby amended by deleting subsection (c) in its entirety and replacing it with the following: “(c) The rates for sewer use charges effective July 1, 2019 shall be as follows: Residential, per 100 cubic feet… $ 7.41 Nonresidential, per 100 cubic feet up to 25,000 cubic feet per month $11.22 Nonresidential, per 100 cubic feet for 25,000 cubic feet and greater per month $14.37 The use of all water and sewer funds and SESD funds shall be excluded from all private development projects.” Section II. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved referred to the Comm. on Ordinances, Voted Licenses & Legal Affairs co-posted with Comm. of the Whole Or Adopted for first passage by RCV -----------------------------------------------------------------------------------------------------------------------------------------  26 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING Resolution: Recognizing the Service of Salem Police Department Canines “Turbo” and “Axel” WHEREAS: The Salem Police Canine (K9) Unit was formed in 2012 as a result of fundraising efforts by the Salem community, including the Mack Park Neighborhood Association, the Salem Lions Club, the Salem Moose Family Center and in partnership with the Massachusetts Vest-A-Dog organization; and WHEREAS: The Salem community has remained steadfast in its support – through fundraising, engagement, and encouragement – of the K9 program since its inception; and WHEREAS: On May 27, 2021 we recognize the service of recently retired Salem Police Department K9’s “Turbo” and “Axel”; and WHEREAS: Both K9 Turbo and K9 Axel joined the ranks of the Salem Police Department in 2012 as founding members of the K9 Unit and served honorably and faithfully until their respective retirements on 26 August 2020 and 26 January 2021; and WHEREAS: The Mayor and City Council recognize that both Turbo and Axel have provided the residents of Salem invaluable service by assisting officers in the apprehension of suspects, the discovery of evidence, assisting in locating missing persons, and being outstanding police ambassadors to the community. NOW THEREFORE BE IT RESOLVED: That the Mayor of the City of Salem and the Salem City Council, on behalf of the residents of Salem, express our appreciation to K9 Turbo and K9 Axel for their combined seventeen years of loyal and faithful service to our community. AND BE IT FURTHER RESOLVED: That this Resolution be made a matter of record of these proceedings, and that a copy of this Resolution and a copy of the City Seal, be presented to the Salem Police Department for display at the police station as a lasting tribute to the service of these fine ani Action Contemplated Councillor Prosniewski Moved adopted by RCV Yeas Nays Abs  27 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  28 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Morsillo (2 traffic ordinances) In the year Two Thousand and Twenty One An Ordinance to amend an Ordinance relative to Traffic Ch. 42, Sec. 50B, “Handicapped Zones, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section I. Amending Chapter 42, Section 50B – “Handicapped Zones, Limited Time” is hereby amended by repealing the following: Repeal - Lathrop Street, in front of #18 Lathrop Street, beginning four (4) feet west of the driveway at 18 Lathrop Street, running west for twenty (20) feet. Section II. This Ordinance shall take effect as provided by City Charter. --------------------------------------------------------------------------------------------------------------------- In the year Two Thousand and Twenty One An Ordinance to amend an Ordinance relative to Traffic Ch. 42, Sec. 50B, “Handicapped Zones, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section I. Amending Chapter 42, Section 50B – “Handicapped Zones, Limited Time” is hereby amended by repealing the following: Repeal – Emerton Street, easterly side along #2 Emerton Street for a distance of twenty (20) feet. Section II. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved Adoption for First Passage by RCV Yeas Nays Abs  29 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Turiel In the year two thousand and Twenty-One An Ordinance to amend an Ordinance relative Zoning Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 8.6 – Waterfront Industrial Overlay District (WIOD) of the City of Salem Zoning Ordinance is hereby amended by adding a new table entry to 8.6.3 – Permitted Uses with the following: PRINCIPAL USES WIOD C. HOUSING USES Planned Unit Development……………………………………………………... N Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Turiel Moved Refer to the Planning Board to Voted hold a joint public hearing  30 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMITTEE REPORTS Councillor Morsillo offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Ordinance amending Short Term Rentals has considered said matter and would recommend (action unknown, meeting held after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor Morsillo offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Granting of Certain Licenses – Seaworms has considered said matter and would recommend Granted Accept the Report Voted Adopt the Recommendation Voted Councillor Morsillo offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Amending Resident Sticker Parking Program has considered said matter and would recommend Adoption as Amended for First Passage. Accept the Report Voted Adopt the Recommendation Voted Councillor Morsillo offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Pedi Cab Application with Consumption of Alcohol has considered said matter and would recommend the matter remain in Committee. Accept the Report Voted Adopt the Recommendation Voted  31 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE  32 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING PETITIONS Petition from Comcast to install a conduit on Essex St. Hearing Ordered on June 10, 2021 Petition from Comcast to install a new vault and conduit on Washington St. Hearing Ordered on June 10, 2021 Request from the Federal St. Neighborhood Association to hold a block party on July 3, 2021 from 4:00 P.M. to 7:00 P.M. with a rain date of July 4, 2021. Action Contemplated Councillor Hapworth Moved Granted Voted Request from the Wicked Running Club to hold their annual Miles Over the Moon road race and use of city streets on July 16, 2021. Action Contemplated Councillor McCarthy Moved Granted Voted Request from the B&S Fitness to hold their annual Devils Chase 6.66/Creepy Clown 3.33 road race and use of city streets on October 23, 2021. Action Contemplated Councillor McCarthy Moved Granted Voted  33 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING PETITIONS The Following License Applications: PUBLIC GUIDES: Nicole Escobar 2 Winnmere Ave., Burlington, MA Owen Rourke-Nicholas 6 Andover St., Salem, MA Melissa Nierman 7 Crombie St., Salem, MA Liam McKillop 130 Boston St., Salem, MA April Newman 367 West St., Reading, MA Tora Ueland 37 Lakeview Ave., Lynn, MA Action Contemplated Councillor Morsillo Moved Granted VOTED The Following Claim: Norma Delvalla 32 Dunlap St., Salem Action Contemplated Councillor Morsillo Refer to Comm. on Ord., Lic. & Voted Legal Affairs  34 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS TABLED FROM THE LAST MEETING Councillor Turiel Moved to remove from table by RCV C. Seconded Yeas Nays Abs ------------------------------------------------------------------------------------------------------------------------- SECOND PASSAGE – ADU ZONING ORDINANCE (action on page 40) An Ordinance to amend an ordinance relative to accessory dwelling units. Be it ordained by the City Council of the City of Salem, as follows: Section 1. The City of Salem Zoning Ordinance Section 3. Table of Principal and Accessory Use Regulations is hereby amended by deleting the use entitled Accessory Living Area and adding the following new uses within Section E Accessory Uses: E. ACCESSORY USES RC R1 R2 R3 B1 B2 B4 B5 I BPD NRCC Affordable Accessory Y Y Y Y N N N N N N Y Dwelling Unit attached to a Principal Dwelling (as defined in Sec 3.2.8) or within a Principal Dwelling. Affordable Accessory Y Y Y Y N N N N N N Y Dwelling Unit within an Existing Detached Accessory Building, as defined in Sec 3.2.8  35 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Section 2. Section 10 Definitions is hereby amended by deleting the definition “Accessory Living Area” in its entirety and inserting the definition “Affordable Accessory Dwelling Unit” as follows: “Affordable Accessory Dwelling Unit: A housekeeping unit with a maximum rent at least 30 percent below the United States Department of Housing and Urban Development (HUD) fair market rent limit for Salem, with its own sleeping, cooking and sanitary facilities, located either in a detached accessory building, or within or attached to a principal dwelling and subordinate in size to the principal unit(s), separated from it in a manner which maintains the appearance of the principal unit(s), and allowed pursuant to Section 3.2.8 of this ordinance.” Section 3. Section 3.2.4 Accessory Buildings and Structures is hereby amended by deleting paragraph 4 in its entirely and replacing it with the following new paragraphs 4, 5 and 6 as follows: “4. Accessory structures, garages and detached affordable accessory dwelling units shall not exceed one and one-half (1.5) stories or eighteen (18) feet in height. 5. Detached affordable accessory dwelling units shall comply with all regulations set forth in Section 3.2.4 (Accessory Buildings and Structures) of this Ordinance with the exception of setbacks, which shall comply with Section 3.2.4(6). 6. Detached affordable accessory dwelling units shall comply with all setbacks of the principal structure, as set forth in Section 4.1 of this ordinance (Dimensional Requirements), irrespective of whether the principal structure on the property in question complies with such setbacks or not, unless otherwise permitted by a Special Permit pursuant to subsection 3 of Section 3.2.8.” Section 4. Section 3.2.8 Accessory Dwelling Areas is hereby amended by deleting Section 3.2.8 in its entirety and replacing it with the following: “3.2.8 Affordable Accessory Dwelling Units. Affordable Accessory Dwelling Units shall be allowed as provided set forth in this section. 1. Purpose. A. To add affordable rental units to the housing stock to meet the needs of smaller households and make housing units available to households who might otherwise have difficulty finding housing. B. To encourage the efficient use of the city's housing supply while preserving the character of the city's neighborhoods.  36 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS C. To maximize privacy, dignity, and independent living among family members preserving domestic family bonds as well as to protect the stability, property values, and the residential character of the neighborhood. D. To permit the owner of an existing, or a proposed, principal dwelling to construct one additional affordable dwelling unit per principal dwelling. Such a use is incidental and subordinate in size to the principal dwelling. E. To increase the supply of housing and the diversity of housing options, in response to demographic changes such as smaller households and older households. 2. Procedure. A. The Building Inspector shall administer and enforce the provisions of this section. 3. Special Permit. Pursuant to Section 9.4, in the interests of design flexibility and overall project quality, the Zoning Board of Appeals may grant a Special Permit for the following: A. An existing detached accessory building as defined in subsection 8 of Section 3.2.8 that is not in compliance with the setbacks of the principal dwelling unit. B. An expanded detached accessory building as defined in subsection 8 of Section 3.2.8. 4. Application. A. The Application for the Building Permit, shall: 1. Be signed by one hundred (100) percent of the record title ownership interest of the principal dwelling and shall include a copy of the deed and in the case of a property held by a condominium trust, all owners of all units within the condominium. 2. Include a floor plan of the affordable accessory dwelling unit, the principal dwelling where it is to be located and all elevations. All plans shall be drawn to scale and identify the existing structure and proposed modifications to create the affordable accessory dwelling unit.  37 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS 3. Be accompanied by a letter of intent signed by the homeowner(s) and shall be submitted to the Department of Planning and Community Development that certifies the rent of the accessory dwelling unit will be at least 30 percent below the established fair market rent limit determined by the United States Department of Housing and Urban Development. 5. Requirements. A. The maximum rent of the affordable accessory dwelling unit, including utilities and parking, shall be at least thirty percent below the established Fair Market Rent limit for the City of Salem as determined annually by the United States Department of Housing and Urban Development. B. The affordable accessory dwelling unit shall not be constructed within a new detached accessory building, as defined in subsection 8 of Section 3.2.8. C. The affordable accessory dwelling unit shall not be considered a dwelling unit for the purpose of Section 5.1 Required Parking. D. The affordable accessory dwelling unit shall not result in a net loss of the total measured caliper inches of private trees on the lot in which the affordable accessory dwelling unit will be located unless a payment in per caliper inch of the tree diameter at breast height (DBH) at the prevailing rate set by the Tree Warden is made to the tree replacement fund. E. The affordable accessory dwelling unit shall not contain less than 350 square feet of habitable space. F. The affordable accessory dwelling unit shall not contain in excess of 900 square feet of habitable space. G. The affordable accessory dwelling unit shall not exceed 50% of the gross floor area of the principal dwelling. H. No more than one (1) affordable accessory dwelling unit shall be permitted for each principal dwelling unit and at least one (1) owner of the residence in which the affordable accessory dwelling unit is created shall reside in one (1) of the dwelling units, either the principal or accessory unit created therein, as a principal place of residence. For the purpose of this section, the “owner” shall be one or more individuals who hold title to the property, or a purchase and sales agreement and for whom the dwelling shall be the primary residence as evidenced by voter registration, tax return or other documentation demonstrating primary residence. Owner occupancy is required for an affordable accessory dwelling unit to be permitted. I. An affordable accessory dwelling unit shall not be permitted in a building with five (5) or more units.  38 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS J. Electricity, water, oil and gas shall be provided by a single service to both the affordable accessory dwelling unit and the principal dwelling, and included in the rent. K. The affordable accessory dwelling unit may not be sold or transferred separate and apart from the principal dwelling to which it is an accessory use. The principal dwelling and the accessory dwelling unit shall remain in common or single ownership and shall not be severed in ownership. L. All stairways to the affordable accessory dwelling unit above the first floor shall be located on the rear or side of the dwelling. M. The affordable accessory dwelling unit shall not contain more than two (2) bedrooms. N. The affordable accessory dwelling unit shall be clearly subordinate in use, size and design to the principal dwelling. O. The affordable accessory dwelling unit must be capable of being discontinued as a separate dwelling unit without demolition of any structural component of the principal dwelling. P. There shall be no occupancy of the affordable accessory dwelling unit until the Building Inspector has issued a certificate of occupancy that the principal dwelling and affordable accessory dwelling unit are in compliance with all applicable health and building codes. Q. The Building Permit shall be revoked upon determination by the Building Inspector that any condition imposed by Section 3.2.8 has not been fulfilled. R. By filing the Application for a Building Permit for an affordable accessory dwelling unit, all owners consent to an inspection without a warrant upon reasonable notice by the Building Inspector to ensure compliance with all terms of this section. S. Short term rentals, as defined in Salem Code of Ordinances Chapter 15, are prohibited in the accessory dwelling unit. T. The affordable accessory dwelling unit shall obtain a certificate of fitness subject to the provisions of Section 2-705 of the City of Salem Code of Ordinances. 6. Termination. A. The affordable accessory dwelling unit use shall terminate immediately upon any violation of any term or condition of this ordinance that the owner fails to cure, upon thirty (30) days written notice mailed to the applicant and to the occupants at the dwelling address by certified mail, return receipt requested.  39 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS B. Duty of Owner Upon Termination include: a. The owner shall discontinue the use of the affordable accessory dwelling unit as a separate dwelling unit. b. The kitchen facilities of the affordable accessory dwelling unit shall be removed unless determined by the Building Inspector to be incidental and subordinate as an accessory use of the principal dwelling. c. Any additional exterior entrance constructed to provide access to the accessory dwelling unit shall be permanently closed, unless the Building Inspector provides a waiver. The owner shall permit an inspection by the Building Inspector without a warrant. 7. Severability. All the clauses of this ordinance are distinct and severable, and if any clause shall be deemed illegal, void, or unenforceable, it shall not affect the validity, legality, or enforceability of any other clause or portion of this bylaw.” 8. Definitions. Attached affordable accessory dwelling unit: An affordable accessory dwelling unit created by adding gross floor area to the principal dwelling after the adoption of this ordinance. Existing detached accessory building: A detached accessory building that is existing as of the effective date of this ordinance, that has a foundation, and is a minimum of 350 square feet. Expanded detached accessory building: An existing detached accessory building that is expanded after the effective date of this ordinance. New detached accessory building: A detached accessory building that is not existing as of the effective date of this ordinance. Principal dwelling unit: A dwelling unit permitted as a principal residential use under Section 3, Table of Principal and Accessory Use Regulations. By way of example a single-family home permitted pursuant to Section 3 shall comprise of one principal dwelling unit, whereas a two-family home permitted pursuant to Section 3 shall comprise of two principal dwelling units. An accessory dwelling unit shall not be considered a principal dwelling unit.  40 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Section 5. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Turiel Moved adoption for second passage by RCV Yeas Nays Abs Councillor Morsillo ( the following 3 ordinances) An Ordinance amending outdoor cooking appliances, heating equipment and fireplaces. In the year two thousand and twenty one An Ordinance to amend an Ordinance relative to outdoor cooking appliances, heating equipment and fireplaces. Be it ordained by the City Council of the City of Salem, as follows: Section I. Article III Fire Prevention Code of Chapter 20 of the Code of Ordinances is hereby amended by deleting Sec. 20 -129 in its entirety and replacing it with the following: “Sec. 20 -129. – Use of solid fuel outdoor patio and space heaters, outdoor decorative heating appliances and outdoor fireplaces within the city. a. Unless otherwise provided herein, it is prohibited within the city to use any outdoor patio or space heater, decorative heating appliance such as a chiminea, fire pit or outdoor fireplace using solid fuel including charcoal, wood, fuel pellets or any non-gaseous fuel. b. Solid fuel campfires shall be permitted at Winter Island Campground within the confines of the entire park beginning at the main entrance security gate, but not including the beach, walkway leading to the beach or within the confines of historic Fort Pickering. Campfires are permitted under the following conditions: (1) No campfire shall be permitted in any location on Winter Island other than designated campsites. All fires must be within a proper firepit no larger than 30 inches. Campfires must be kept small and always remain within the designated firepit.  41 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS (2) Bon fires are not permitted. (3) Only clean, untreated, and non-contaminated wood may be burned. No construction debris, composite materials, paper, household waste, rubber, plastic, leaves, pressure treated or painted wood may be burned. (4) Solid fuel/wood may be sold by Winter Island staff. (5) No accelerants such as gasoline, oil, or kerosene may be used. (6) All campfires must be supervised at all times by and adult 18 years and older. (7) No campfires are allowed prior to 5 p.m. and all fires must be extinguished by 11:30 p.m. (8) The Winter Island Manager may establish and enforce rules and regulations governing campfires within the designated campsites on Winter Island. c. Fire officials and the Winter Island Manager or their designees are authorized to enforce this ordinance.” Section II. This Ordinance shall take effect as provided by City Charter. ------------------------------------------------------------------------------------------------------------------------- In the year Two Thousand and Twenty One An Ordinance to amend an Ordinance relative to Traffic Ch. 42, Sec. 50B, “Handicapped Zones, Limited Time” Be it ordained by the City Council of the City of Salem, as follows: Section I. Amending Chapter 42, Section 50B – “Handicapped Zones, Limited Time” is hereby amended by adding the following: Orne Street – One Handicapped Parking Space to be added in front of #44 Orne Street, for the distance of twenty (20) feet. Section II. This Ordinance shall take effect as provided by City Charter. ---------------------------------------------------------------------------------------------------------------------  42 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS In the year Two Thousand and Twenty One An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 51 of Article V shall be amended by repealing the following: Fort Avenue – Parking Prohibited on Certain Streets – from Bay View Avenue to Island Road southeasterly side. Section 2. Section 51 of Article V shall be further amended by adding the following: Memorial Drive – Parking Prohibited on Certain Streets – southwesterly side between Restaurant Row and Fort Avenue. Section 3. Section 51B of Article V shall be amended by repealing the following: Fort Avenue – Parking Prohibited at Certain Times on Certain Streets – both sides between Memorial Drive and Columbus Avenue. Two (2) hour parking). Fort Avenue – Parking Prohibited at Certain Times on Certain Streets – southerly side, at the intersection of Bayview Avenue and running in an easterly direction for a distance of five hundred and ninety (590) feet. Fifteen (15) minute parking. Section 4. Section 56 of Article V shall be amended by adding the following: Fort Avenue – Parking Meter Zones Established – southeasterly side beginning at Bay View Avenue for a distance of five hundred ninety (590) feet. Two (2) hour parking. April 1 to October 31. Monday through Sunday, 8:00am to 8:00pm. Section 5. Section 75 of Article V-A shall be amended by repealing the following: Fort Avenue – Parking Prohibitions Towing Zone (Resident Sticker) – ZONE A, COLOR BLUE, in a northerly direction, from Columbus Avenue to Bay View Avenue. Resident Sticker Parking, Tow Zone. And replacing it with:  43 CITY OF SALEM MAY 27, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Fort Avenue – Parking Prohibitions Towing Zone (Resident Sticker) – ZONE A, COLOR BLUE, from Columbus Avenue to Bay View Avenue, southeasterly side. Resident Sticker Parking, Tow Zone. Section 6. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved Adoption for Second Passage by RCV Yeas Nays Abs On the motion of Councillor the meeting adjourned at P.M.