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City Council

Regular Meeting

Salem, MA · July 15, 2021

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Minutes

City of Salem, Massachusetts “Know Your Rights Under the Open Meeting Law, M.G.L. c. 30A ss. 18-25 and City Ordinance Sections 2-2028 through 2-2033.” The City Council Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole met in the Council Chamber on _July 15, 2021_______________ at ______6:30_______P.M. for the purpose of discussing the matters(s) listed below. Notice of this meeting was posted on ___ July 9, 2021__ at ___ 11:42 A.M.__________________ (This meeting is being recorded) ATTENDANCE ABSENT WERE: C Dibble Present from Committee of the Whole: C Madore Also present: B Renard, K Murphy, D Greenbaum, J Cohen (SERC) SUBJECT(S) #76 The Urban Agriculture Ordinance Draft____________________________________________________________________ C Riccardi Opened the meeting at 6:45pm B Renard provided an update to the Committee that feedback was provided by the building inspector late last night to her and there is not enough time to thoroughly respond to his comments. She is requesting support from a legal zoning consultant to assist with his comments and how to best revise. It has been requested to Tom to provide these comments in writing and they will then be reviewed by the City Solicitor. B Renard also noted a few items that are currently in the draft might better live in the Board of Health Regulations. This will also be reviewed. C Riccardi thanked D Greenbaum for having the Urban Ag ordinance discussed at the July Board of Health Meeting. He confirmed this discussion and said the board was in generally in favor of the ordinance. They are looking forward to reviewing the draft and will be able to provide feedback. Their next meeting is September 14 th. C Morsillo moved to keep the matter in committee. Seconded by C Prosniewski, and voted in the affirmative 4-0 On the motion of C. Morsillo the meeting adjourned at 6:59 P.M. ________________________________________________________ (Chairperson)

Agenda

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall July 13, 2021 MEETING NOTICE AND AGENDA The Salem City Council will meet on Thursday, July 15, 2021, at 7:00 P.M. to hold its regular meeting for the purpose of discussing any and all business via remote participation in accordance with Chapter 20 of the Acts of 2021. 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/85859484261?pwd=SXkzdE1FOE9aRUFabThHSDVrUURhZz09 Password: 825669 Go to the website link https://zoom.us/join. Enter meeting/webinar ID# 858 5948 4261 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 (Toll Free) or 888- 475- 4499 (Toll Free). When prompted, enter meeting/webinar ID#: 858 5948 4261 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. Very truly yours, ATTEST: ILENE SIMONS CITY CLERK 2 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING “When in person, individuals 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 JULY 15, 2021 CITY COUNCIL REGULAR MEETING A Regular Meeting of the City Council held in the Council Chamber on Thursday, July 15, 2021, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on July 13, 2021, at 12:51 P.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 Name must be on roster 30 minutes prior to meeting Agenda items only 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 Chapter 20 of the Acts of 2021, 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 email. Please email isimons@salem.com and include your name, address, subject matter you wish to speak about, 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 JULY 15, 2021 CITY COUNCIL REGULAR MEETING HEARINGS ORDERED: Verizon Wireless to install Telecommunications on Bridge St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Riccardi Moved to keep the Public Hearing Yeas Nays Absent Open until September 9, 2021, due to Continued discussions with the Design Review Board by RCV 5 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING HEARINGS ORDERED: National Grid and Verizon to install 1 JO Pole on Forrester St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Hapworth Moved to close the Public Hearing Voted Councillor Hapworth Moved Granted Voted 6 CITY OF SALEM JULY 15, 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 Voted 7 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s appointment of Attorney Zachary Caunter of 24 Carlton St to the Planning Board with term to expire July 15, 2026. Action Contemplated Councillor Hapworth Held under the Rules Voted Until the next meeting The Mayor’s re-appointment of the following with terms to expire: Donald Bates 31 Settlers Way, to the Board of Registrars of Voters Exp: July 19, 2024 John Andrews 9 English St., to the Public Arts Commission Exp: July 20, 2023 Action Contemplated Councillor Hapworth Moved Confirmation by RCV Yeas Nays Abs 8 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Three Hundred Thousand Dollars ($300,000.00) is hereby transferred from the Human Resource Department’s “Medical Insurance” account (19141-5174) to the Snow and Ice “Snow Removal” account (14232-5292) as provided below to reduce the Snow and Ice deficit incurred for FY2021 in accordance with the recommendation of Her Honor the Mayor. Description Fund Amount Snow Removal 14232-5292 $ 300,000.00 $ 300,000.00 Councillor Turiel Suspension of the Rules Councillor Objection Action Contemplated Councillor Turiel Refer to the Comm. on Admin. & Finance OR Moved Adoption by RCV Yeas Nays Abs ORDERED: That the sum of One Hundred Ninety-Two Thousand Three Hundred Twenty-Four Dollars and Seven Cents ($192,324.07) 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 Salem Public Susan Raynes Schools 33,536.00 Salem Public Ellen Johnson Schools 20,037.60 Salem Public Catherine Connelly Schools 32,036.00 Salem Public Sushila Day Schools 34,234.40 Salem Public Joanne O’Keefe Schools 37,728.00 Salem Public Petra Nicholson Schools 18,144.40 Salem Public Susan Marchand Schools 16,607.67 192,324.07 Councillor Turiel Suspension of the Rules Councillor Objection Action Contemplated Councillor Turiel Refer to the Comm. on Admin. & Finance OR Moved Adoption by RCV Yeas Nays Abs 9 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Nineteen Thousand Eight Hundred Fifty Dollars ($19,850.00) is hereby transferred from the Human Resource Department’s “Medical Insurance” account (19141-5174) to the accounts as provided below to cover remaining final payroll costs for FY2021 in accordance with the recommendation of Her Honor the Mayor. Description Fund Amount Salaries Full-Time (City Council) 11111-5111 $ 600.00 Salaries Full-Time (Finance) 11351-5111 $ 2,400.00 Salaries Part-Time (Finance) 11351-5113 $ 100.00 Salaries Full-Time (Collector) 11461-5111 $ 5,500.00 Salaries Full-Time (Human Resources) 11521-5111 $ 1,200.00 Salaries Full-Time (Engineering) 14121-5111 $ 9,800.00 Salaries Full-Time (Veterans) 15431-5111 $ 250.00 $ 19,850.00 Councillor Turiel Suspension of the Rules Councillor Objection Action Contemplated Councillor Turiel Refer to the Comm. on Admin. & Finance OR Moved Adoption by RCV Yeas Nays Abs ORDERED: That the sum of Seventeen Thousand Nine Hundred Forty-Eight Dollars and Forty Cents ($17,948.40) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2022 contractual buyback(s) listed below in accordance with the recommendation of Her Honor the Mayor. Name Department Amount Salem Public Lisa Gray-Duffy $ 17,948.40 Schools $ 17,948.40 Councillor Turiel Suspension of the Rules Councillor Objection Action Contemplated Councillor Turiel Refer to the Comm. on Admin. & Finance OR Moved Adoption by RCV Yeas Nays Abs 10 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: To accept the donation of one Flexidome Multi 7000i multi-directional security camera valued at $1,456.00 from Bosch Security Systems to be installed at Bertram Field by the Salem Police Department Action Contemplated Councillor Turiel Moved Adoption by RCV Yeas Nays Abs ORDERED: To accept the donation of One Thousand Dollars ($1,000.00) from Kevin and Margaret Cornacchio to be deposited into the Bertram Field Donation Fund 2387 (23871- 4830) for the Bertram Field Phase II Project in accordance with the recommendation of Her Honor the Mayor. Action Contemplated Councillor Turiel Moved Adoption by RCV Yeas Nays Abs ORDERED: That the City of Salem approves and accepts funding provided to the City pursuant to Public Law Number 117-2, also called the American Rescue Plan Act of 2021 including, but not limited to, all funds distributed by the Coronavirus State and Local Fiscal Recovery Funds as specified in the Law. Action Contemplated Councillor Turiel Moved Adoption by RCV Yeas Nays Abs The following two (2) Home Rule Petitions to Convert Seasonal Licenses to Annual Licenses: ORDERED: That a petition to the General Court, accompanied by a bill authorizing the City of Salem to convert a seasonal license for the sale of all alcoholic beverages to be drunk on the premises to an annual license for the sale of all alcoholic beverages to be drunk on the premises as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition: AN ACT AUTHORIZING THE CITY OF SALEM TO CONVERT A SEASONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES TO AN ANNUAL LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES. 11 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Salem may convert a seasonal license for the sale of all alcoholic beverages to be drunk on the premises to an annual license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to Jejhomike, Inc. d/b/a La Delicia Restaurant at 75 Congress Street. The license issued pursuant to this section shall be subject to all of said chapter 138, except said section 17. (b) The licensing authority shall not approve the transfer of the license issued pursuant to this section to any other location but it may grant the license to a new applicant at the same location if the applicant for the license files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. (c) If the license issued pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this section. SECTION 2. (a) The city of Salem shall charge a fee for the license issued pursuant to this act that shall be paid by the licensee at the time of issuance unless the licensing authority agrees to enter into an arrangement with the licensee which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from the licensee, the option shall be made available, upon request, to all qualified applicants for licensure. (b) Any fee collected by the city of Salem for a license converted or granted pursuant to this act that is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city shall be deposited into an economic development account which has been established by the city of Salem and expended by it in a manner consistent with the purposes of the account. SECTION 3. This act shall take effect upon its passage. ------------------------------------------------------------------------------------------------------------------------------ ORDERED: That a petition to the General Court, accompanied by a bill authorizing the City of Salem to convert a seasonal license for the sale of all alcoholic beverages to be drunk on the premises to an annual license for the sale of all alcoholic beverages to be drunk on the premises as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition: 12 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR AN ACT AUTHORIZING THE CITY OF SALEM TO CONVERT A SEASONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES TO AN ANNUAL LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Salem may convert a seasonal license for the sale of all alcoholic beverages to be drunk on the premises to an annual license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to Salem’s Retreat LLC d/b/a Salem’s Retreat at 96 North Street. The license issued pursuant to this section shall be subject to all of said chapter 138, except said section 17. (b) The licensing authority shall not approve the transfer of the license issued pursuant to this section to any other location but it may grant the license to a new applicant at the same location if the applicant for the license files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. (c) If the license issued pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this section. SECTION 2. (a) The city of Salem shall charge a fee for the license issued pursuant to this act that shall be paid by the licensee at the time of issuance unless the licensing authority agrees to enter into an arrangement with the licensee which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from the licensee, the option shall be made available, upon request, to all qualified applicants for licensure. (b) Any fee collected by the city of Salem for a license converted or granted pursuant to this act that is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city shall be deposited into an economic development account which has been established by the city of Salem and expended by it in a manner consistent with the purposes of the account. SECTION 3. This act shall take effect upon its passage. Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. & Legal Affairs 13 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR The following two (2) Home Rule Petitions to Grant an Additional Liquor License for the Sale of all Alcoholic Beverages to be Drunk on the Premises: ORDERED: That a petition to the General Court, accompanied by a bill authorizing the City of Salem to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition: AN ACT AUTHORIZING THE CITY OF SALEM TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Salem may grant an additional license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to Jaho Holdings, LLC d/b/a Jaho Coffee Roaster and Wine Bar at 130 Canal Street. The license issued pursuant to this section shall be subject to all of said chapter 138, except said section 17. (b) The licensing authority shall not approve the transfer of the license issued pursuant to this section to any other location but it may grant the license to a new applicant at the same location if the applicant for the license files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. (c) If the license issued pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this section. SECTION 2. (a) The city of Salem shall charge a fee for the license issued pursuant to this act that shall be paid by the licensee at the time of issuance unless the licensing authority agrees to enter into an arrangement with the licensee which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from the licensee, the option shall be made available, upon request, to all qualified applicants for licensure. (b) Any fee collected by the city of Salem for a license converted or granted pursuant to this act that is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city shall be deposited into an economic development account which has been 14 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR established by the city of Salem and expended by it in a manner consistent with the purposes of the account. SECTION 3. This act shall take effect upon its passage. ------------------------------------------------------------------------------------------------------------------------------- ORDERED: That a petition to the General Court, accompanied by a bill authorizing the City of Salem to grant an additional license for the sale of all alcoholic beverages to be drunk on the premises as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition: AN ACT AUTHORIZING THE CITY OF SALEM TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Salem may grant an additional license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to Jaho Loring, LLC d/b/a Jaho Coffee Roaster and Wine Bar at 57 Loring Avenue. The license issued pursuant to this section shall be subject to all of said chapter 138, except said section 17. (b) The licensing authority shall not approve the transfer of the license issued pursuant to this section to any other location but it may grant the license to a new applicant at the same location if the applicant for the license files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. (c) If the license issued pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this section. SECTION 2. (a) The city of Salem shall charge a fee for the license issued pursuant to this act that shall be paid by the licensee at the time of issuance unless the licensing authority agrees to enter into an arrangement with the licensee which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from the licensee, the option shall be made available, upon request, to all qualified applicants for licensure. 15 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR (b) Any fee collected by the city of Salem for a license converted or granted pursuant to this act that is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city shall be deposited into an economic development account which has been established by the city of Salem and expended by it in a manner consistent with the purposes of the account. SECTION 3. This act shall take effect upon its passage. Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. & Legal Affairs The following Home Rule Petition to Convert a Liquor License for Wine and Malt Beverages to a License for All Alcoholic Beverages: ORDERED: That a petition to the General Court, accompanied by a bill authorizing the City of Salem to convert a license for the sale of wine and malt beverages to be drunk on the premises to a license for the sale of all alcoholic beverages to be drunk on the premises as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition: AN ACT AUTHORIZING THE CITY OF SALEM TO CONVERT A LICENSE FOR WINE AND MALT BEVERAGES TO BE DRUNK ON THE PREMISES TO A LICENSE FOR THE SALE OF ALL ALCOHOLIC BEVERAGES TO BE DRUNK ON THE PREMISES. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Salem may convert a license for the sale of wine and malt beverages to be drunk on the premises to a license for the sale of all alcoholic beverages to be drunk on the premises pursuant to section 12 of said chapter 138 to BBC of Salem LLC d/b/a Boston Burger Company at 133 Washington Street. The license issued pursuant to this section shall be subject to all of said chapter 138, except said section 17. (b) The licensing authority shall not approve the transfer of the license issued pursuant to this section to any other location but it may grant the license to a new applicant at the same location if the applicant for the license files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating 16 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. (c) If the license issued pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this section. SECTION 2. (a) The city of Salem shall charge a fee for the license issued pursuant to this act that shall be paid by the licensee at the time of issuance unless the licensing authority agrees to enter into an arrangement with the licensee which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from the licensee, the option shall be made available, upon request, to all qualified applicants for licensure. (b) Any fee collected by the city of Salem for a license converted or granted pursuant to this act that is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city shall be deposited into an economic development account which has been established by the city of Salem and expended by it in a manner consistent with the purposes of the account. SECTION 3. This act shall take effect upon its passage. Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. & Legal Affairs The following Home Rule Petition to Grant an additional License for the Sale of Wine and Malt Beverages Not to Be Drunk on the Premises (New Beer/Wine Package Store): ORDERED: That a petition to the General Court, accompanied by a bill authorizing the City of Salem to grant an additional license for the sale of wine and malt beverages not to be drunk of the premises as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition: AN ACT AUTHORIZING THE CITY OF SALEM TO GRANT AN ADDITIONAL LICENSE FOR THE SALE OF WINE AND MALT BEVERAGES NOT TO BE DRUNK ON THE PREMISES. 17 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same as follows: SECTION 1. (a) Notwithstanding section 17 of chapter 138 of the General Laws, the licensing authority of the city of Salem may grant an additional license for the sale of wine and malt beverages not to be drunk on the premises pursuant to section 15 of said chapter 138 to Peter’s Place, Inc. d/b/a Peter’s Bella Pizza at 84 Highland Avenue. The license issued pursuant to this section shall be subject to all of said chapter 138, except said section 17. (b) The licensing authority shall not approve the transfer of the license issued pursuant to this section to any other location but it may grant the license to a new applicant at the same location if the applicant for the license files with the licensing authority a letter from the department of revenue and a letter from the department of unemployment assistance indicating that the license is in good standing with those departments and that all applicable taxes, fees and contributions have been paid. (c) If the license issued pursuant to this section is cancelled, revoked or no longer in use at the location of original issuance, it shall be returned physically, with all of the legal rights, privileges and restrictions pertaining thereto, to the licensing authority and the licensing authority may then grant the license to a new applicant at the same location under the same conditions as specified in this section. SECTION 2. (a) The city of Salem shall charge a fee for the license issued pursuant to this act that shall be paid by the licensee at the time of issuance unless the licensing authority agrees to enter into an arrangement with the licensee which would enable the fee to be divided into multiple payments or prorated over multiple periods of time. If the city elects to accept prorated payments over time from the licensee, the option shall be made available, upon request, to all qualified applicants for licensure. (b) Any fee collected by the city of Salem for a license converted or granted pursuant to this act that is greater than the amount of the fee charged for an annual renewal of a similar license issued by the city shall be deposited into an economic development account which has been established by the city of Salem and expended by it in a manner consistent with the purposes of the account. SECTION 3. This act shall take effect upon its passage. Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. & Legal Affairs 18 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: The Mayor is hereby authorized to enter into a lease agreement with Salem Office of Tourism and Cultural Affairs, Inc. d/b/a Destination Salem for the use of a 1,256 square foot office at the South Harbor Garage. Destination Salem, the sole proposer in response to the City’s 2021 Request for Proposals, shall use the space for as a Visitor Center and office. In an addition to lease payments, Destination Salem shall incur the expense of designing and constructing the space for its use and maintaining and supplying products for public restrooms the City is constructing adjacent to the leased space. The lease, as approved by the City Solicitor, shall be for an initial term of five years with an option to renew the lease for up to five additional one-year periods. (See back-up for complete RFP) Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. & Legal Affairs 19 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE 20 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Riccardi ORDERED: That a Veteran’s Square be named after US Army Staff Sergeant Walter Anthony Mielcarz who was killed in action in France on September 18, 1944 and that Mielcarz Square be located at the corner of Grove and Tremont Streets. Action Contemplated Councillor Riccardi Moved Adoption Voted OR Refer to Government Services Councillor Madore ORDERED: That the Right of Way between 15 and 19 Front Street shall hereafter be named “Houdini Way” in honor of Harry Houdini who, in April of 1906, performed an extraordinary escape from handcuffs and a locked cell at the former police station at 15 Front Street Action Contemplated Councillor Madore Moved Adoption Voted 21 CITY OF SALEM JULY 15, 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 amending an Ordinance relative to Demolition Delay Ordinance (action unknown meeting took place 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 Home Rule Petition video speed detection cameras in School Zones has considered said matter and would recommend (action unknown meeting took place after agenda deadline). Accept the Report Voted Adopt the Recommendation Voted Councillor Riccardi offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of The Urban Agriculture Draft Ordinance has considered said matter and would recommend (action unknown meeting took place after agenda deadline). Accept the Report Voted Adopt the Recommendation Voted 22 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE 23 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING PETITIONS Request from the residents of Puritan Road to hold a block party on September 11, 2021, 2:00 PM – 8:00 PM with a rain date of September 12, 2021. Action Contemplated Councillor Flynn Moved Granted Voted Request from the residents of Salem Street to hold a block party on August 21, 2021, from 8:00 AM – 11:00 PM with no rain date. Action Contemplated Councillor McCarthy Moved Granted Voted The Following License Applications: PUBLIC GUIDES: Melissa Campbell 19 Bryant St., Salem Marie Alessandro 148 Trenton St., E. Boston Roger Fruggiero 11 Berrywood Ln., Salem Vanessa Riutta 4 First St., Salem Kayla Sullivan 10 Glover St., Salem Paige Besse 2 Derby Sq., Salem Jackie Besse 50 St. Peter St., Salem Richard Hite 140 Hamboldt Ave., Providence RI Kristen McCarthy 60 Howard St, Ext., Salem Bobby Kerrigan 13 Bruce Ln., Wenham Julia Rowan 52 Mudge St., Lynn VEHICLE FOR HIRE: Shift Drink (1 Pedi-Cab) 20 Central St., Salem VEHICLE FOR HIRE Kayla “Paige” Besse 50 St. Peter St., Salem OPERATORS ONLY Action Contemplated Councillor Morsillo Moved Granted VOTED 24 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING PETITIONS The Following License Applications: TAG DAYS: Salem/Swampscott Youth Hockey: September 26, 2021 Salem High School Girls Soccer: September 25 & October 23, 2021 Action Contemplated Councillor Morsillo Refer to Comm. on Ord., Lic. & Legal Affairs Voted The Following Drainlayer/Contract Operator License Applications: United Civil 30 Log Bridge Rd., Middleton Action Contemplated Councillor Morsillo Moved Granted Voted The Following Claims: Peter Avila 30 Hull St., Beverly Christian Capellan 15 Gedney St., Salem Marjorie Soriano 11 Church St., Salem Orie Teraguchi 100 Washington St., Salem Gail Tyrrell 403 Highland Ave., Salem Ellen Barnett 23 May St., Salem Melissa Fraczek 4 Monroe Rd., Salem Action Contemplated Councillor Morsillo Refer to Comm. on Ord., Lic. & Voted Legal Affairs The Following Bonds: SIGN: Crave 101 Lafayette St., Salem Action Contemplated Councillor Morsillo Moved referred to the Comm. on Voted Ord., Lic. & Legal Affairs and returned approved. 25 CITY OF SALEM JULY 15, 2021 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Second Passage of an Ordinance amending an Ordinance relative to replacing gender- specific nouns and pronouns in the City of Salem’s Code of Ordinances. Be it ordained by the City Council of the City of Salem, as follows: Section 1. An ordinance replacing gender-specific nouns and pronouns in the city of salem’s code of ordinances be amended by 1. Traffic Code V-A-75 is amended by replacing "his designee" with "the Police Chief's designee" in all one instance. 2. Section 2-1 is amended by replacing her with “it’s” 3. Section 28-133 is amended by replacing workmanship with “their work” 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.

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