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City Council

Regular Meeting

Salem, MA · April 14, 2022

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Minutes

CITY OF SALEM APRIL 14, 2022 REGULAR MEETING A Regular Meeting of the City Council was held in-person and remotely via zoom on Thursday, April 14, 2022, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on April 12, 2022, at 2:16 P.M. This meeting is being recorded and is live on S.A.T.V. All Councillors were present. Council President Morsillo presided. Councillor McClain moved to dispense with the reading of the record of the previous meeting. It was so voted. President Morsillo requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY 1. Brenda Kissane, 28A Federal Street, Salem – Urban Agriculture (#202) – APPOINTMENT OF THOMAS PHILBIN TO THE CONSERVATION COMMISSION Held from the last meeting the Mayor’s appointment of Thomas Philbin of 6 Planters St. to the Conservation Commission with a term to expire March 24, 2025 was confirmed by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. Councillor Watson-Felt requested and received suspension of the rules to allow Thomas Philbin to address the Council. Mr. Philbin was unable to speak. There were technical issues with his version of zoom. (#203) – APPOINTMENT OF ELVIS GUSTAVO TO THE SERC COMMITTEE Held from the last meeting the Mayor’s appointment Elvis Gustavo of 7 Champlain Rd to the Sustainability, Energy, and Resiliency Committee, with a term to expire March 24, 2025 was confirmed by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. Councillor Hapworth requested and received suspension of the rules to allow Elvis Gustavo to address the Council. Mr. Gustavo was not present. 2 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING (#204) – APPOINTMENT OF JEREMY BAKER TO THE BEAUTIFICATION COMMITTEE Held from the last meeting the Mayor’s appointment of Jeremy Baker 90 Washington Sq. to the Beatification Committee, with a term to expire March 24, 2025 was confirmed by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. Councillor Watson-Felt requested and received suspension of the rules to allow Jeremy Baker to address the Council. #252 – APPOINTMENT OF VERONICA FAUSTINO TO THE SALEM HOUSING AUTHORITY The Mayor’s appointment of Veronica Faustino to the Salem Housing Authority with a term to expire April 14, 2027 was held under the rules. #253 – APPOINTMENT OF JOHNEL ROBERTS TO THE PARK & REC. COMMISSION The Mayor’s appointment of Johnel Roberts to the Park & Rec. Commission with a term to expire April 18, 2023 was held under the rules. #254 - APPOINTMENT OF BRUCE COHEN TO THE SALEM RECYCLING COMMITTEE The Mayor’s appointment of Bruce Cohen to the Salem Recycling Committee (no term to expire) was received and filed. (Informational purposes only) #255 – APPOINTMENT OF ROBIN PANZER TO THE SALEM CULTURAL COUNCIL The Mayor’s appointment of Robin Panzer to the Salem Cultural Council with a term to expire April 14, 2025 was received and filed. (Informational purposes only) #256 – REAPPOINTMENT OF GERALDINE YUHAS TO THE BOARD OF HEALTH The Mayor’s re-appointment of Geraldine Yuhas of 28C Federal St. to the Board of Health with a term to expire April 14, 2025 was confirmed by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. 3 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #257 – REAPPOINTMENT OF AMY EVERITT TO THE PARK & REC. COMMISSION The Mayor’s re-appointment of Amy Everitt of 14 Columbus Ave. to the Park and Recreation Commission with a term to expire April 25, 2027 was confirmed by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. #258 – REAPPOINTMENT OF SAM LIM TO THE SCHOLARSHIP COMMITTEE Mayor’s re-appointment of Sam Lim of Atlantic Hall, SSU to the Scholarship & Education Committee with a term to expire April 14, 2025 was confirmed by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. #259 – APPROPRIATION F $14,500.00 TO INSPECTIONAL SERVICES CONTRACTED SERVICES The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Fourteen Thousand Five Hundred Dollars ($14,500.00) is hereby transferred from the Inspectional Services Department’s “FT Salaries” account (12411-5111) to the Inspectional Services Department’s “Contracted Services” account as provided below to cover costs associated with contracted plumbing and gas inspectional services due to department vacancies in accordance with the recommendation of Her Honor the Mayor. Description Fund Amount Contracted Services 12412-5320 $ $14,500.00 $14,500.00 #260 - APPROPRIATION OF $11,000.00 TO DPS BURIAL ACCOUNT The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Eleven Thousand Dollars ($11,000.00) 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. 4 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING From To Amount 2430-4800 R/Res Sale of Lots 14112-5383 DPS Burial $ 8,000.00 2431-4800 R/Res Sale of Vaults 14112-5383 DPS Burial 3,000.00 Total $ 11,000.00 #261 – APPROPRIATION OF $8,997.42 TO PURCHASING – TELEPHONE WIRELESS The following order submitted by the Mayor was referred to the Committee on Administration and Finance. ORDERED: That the sum of Eight Thousand Nine Hundred Ninety-Seven Dollars and Forty- Two Cents ($8,997.42) is hereby transferred from the Purchasing Department’s “FT Salaries” account (11381-5111) to the Purchasing Department’s “Telephone-Wireless” account as provided below to cover payment associated with a prior year bill for T-Mobile services in accordance with the recommendation of Her Honor the Mayor. Description Fund Amount Telephone-Wireless 11392-5341 $ 8,997.42 $ 8,997.42 #262 – PER MGL CH. 44, SEC. 64 - PAYING FY2022 INVOICE OF $4,715.85 WITH FY2023 BUDGET - PURCHASING The following order submitted by the Mayor was referred to the Committee on Administration and Finance. 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 Four Thousand Seven Hundred Fifteen Dollars and Eighty- Five Cents ($4,715.85) of outstanding Fiscal Year 2021 invoices is hereby allowed to be paid from the Fiscal Year 2022 Purchasing Department budget as listed below in accordance with the recommendation of Her Honor the Mayor. Department Vendor Amount Purchasing T-Mobile $ 4,715.85 Total $ 4,715.85 5 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #263 - PER MGL CH. 44, SEC. 64 - PAYING FY2022 INVOICE OF $750.00 WITH FY2023 BUDGET - POLICE The following order submitted by the Mayor was adopted under suspension of the rules by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. 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 Seven Hundred Fifty Dollars ($750.00) of outstanding Fiscal Year 2021 invoices is hereby allowed to be paid from the Fiscal Year 2022 Police Department budget as listed below in accordance with the recommendation of Her Honor the Mayor. Department Vendor Amount Police Essex County Craftsmen $ 750.00 Total $ 750.00 # 264 – DONATION OF $2,448.00 TO COA TO COVER EASTER MEALS The following order submitted by the Mayor was adopted. ORDERED: To accept the donation from Friends of the Salem Council on Aging in the amount of Two Thousand Four Hundred Forty-Eight Dollars ($2,448.00). This donation is to cover expenses for Easter meals for homebound seniors. These funds will be deposited into the COA’s Fund 24011-4830 in accordance with the recommendation of Her Honor the Mayor. #265 – CDBG GRANT APPLICATION FOR FUNDS The following order submitted by the Mayor was adopted by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. ORDERED: That the City Council hereby approves the submittal of the City of Salem’s Application for Federal Assistance to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of July 1, 2022 through June 30, 2023 in the amount determined by HUD’s formula entitlement allocation ($968,058 estimated). 6 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #266 – RESOLUTION FOR SUBMISSION OF STATEMENT OF INTEREST TO MSBA The following Resolution submitted by the Mayor was adopted by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. Councillor McCarthy requested and received suspension of the rules to allow Supt. Zrike to speak. Resolution: Authorizing Submission of a Statement of Interest to the Massachusetts School Building Authority Having convened in an open meeting on April 14, 2022, prior to the SOI submission closing date, the City Council of the City of Salem, Massachusetts, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated April 2022 for the Salem High School located at 77 Willson Street, Salem, Massachusetts, which describes and explains the following deficiencies and the priority categories for which an application may be submitted to the Massachusetts School Building Authority in the future: Priority 1. Replacement or renovation of a building in a condition seriously jeopardizing the health and safety of school children. A significant portion of the building’s heating and ventilation system components have either failed, exceeded their useful life, and/or are predicted to fail imminently. In addition, the building contains significant amounts of asbestos. As the building ages and requires more repair and maintenance, the likelihood of damage to asbestos containing materials and the release of asbestos into the school environment is expected to increase. Priority 5. Replacement, renovation, or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs. As noted above, a significant portion of the building’s systems (including roofs, windows, boilers, and HVAC systems) have exceeded their useful life. In addition, automated building control systems no longer function properly requiring frequent manual adjustment of mechanical equipment, significantly impeding our ability to manage and control energy use. Priority 7. Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements. Over 50% of Salem High School students are currently enrolled in CVTE classes. The demand for programs that are relevant to our community, region, and state employers is growing tremendously. Unfortunately, the building as presently designed and equipped is unable to support the expansion of programs that would meet state requirements for CVTE certification. In addition, the constraints of the building prevent the district from providing a full range of programs in the fine and performing arts, and in the science, technology and engineering areas; 7 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING and hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City of Salem, Massachusetts to filing an application for funding with the Massachusetts School Building Authority. #267 – AMENDING ORDINANCE RELATIVE TO SEC. 2-2052 – SENIOR RESIDENT TAX WORK OFF PROGRAM The following ordinance submitted by the Mayor was adopted for first passage. In the year Two Thousand and Twenty-Two An Ordinance to amend language relative to the senior resident tax work off abatement program. Section 1. Section 2-2052 Program guidelines of Chapter 2 Administration is hereby amended in subsection (a) by deleting the number “$1,000.00” and replacing it with the number “$1,500.00”. Section 2. Section 2-2052 Program guidelines of Chapter 2 Administration is hereby amended in subsection (d) by deleting the number “30” and replacing it with the number “60”. Section 3. This Ordinance shall take effect as provided by City Charter. #268 – ORDINANCE TO AMEND THE LANGUAGE IN THE CODE OF ORDINANCES TO BE MORE INCLUSIVE The following ordinance submitted by the Mayor was adopted for first passage. In the year Two Thousand and Twenty-Two An Ordinance to ensure a more inclusive municipal Code of Ordinances. Section 1. Section 2-532 – Qualifications of Chapter 2 is hereby amended by replacing the word “citizen” with the word “resident”. Section 2. Article XV. – Senior Citizen Tax Work Off Abatement Program of Chapter 2 is hereby amended in the Article title by replacing the word “Citizen” with the word “Property-Owner” 8 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING Section 3. Section 2-1733 – General duties of Chapter 2 is hereby amended by replacing the word “citizen” with the word “individual”. Section 4. Section 14-402 – Issuance of licenses of Chapter 14 is hereby amended by replacing the word “citizens” with the word “residents”. Section 5. Section 24-4 – Discharging firearms of Chapter 24 is hereby amended by replacing the word “citizen” with the word “individual.” Section 6. Section 26-66 – Purpose and goals of Chapter 26 is hereby amended in subsection (a) by replacing the word “citizens” with the word “residents” in both instances in which it appears in the subsection. Section 7. Section 30-30 – General duties of Chapter 30 is hereby amended by replacing the word “citizens” with the word “residents.” Section 8. Section 32-19 – Constables of Chapter 32 is hereby amended in subsection (b) by replacing the word “citizens” with the word “residents”. Section 9. Section 32-130 – Preamble of Chapter 32 is hereby amended by replacing the word “citizens” with the word “residents”. Section 10. Section 32-122 – Legislative findings of Chapter 32 is hereby amended in subsection (a) by replacing the word “citizen” with the word “individual” and by adding at the end of subsection (a) “to the extent permitted by law.” Section 11. This Ordinance shall take effect as provided by City Charter. #269 – INTER-GOVERNMENTAL CONVEYANCE OF CITY’S RIGHT AWAY LOACATED AT 352 BRDIGE ST. TO THE SRA (STAIRS FROM BRIDGE ST. TO CRESCENT SHAPE LOT) The following order submitted by the Mayor was adopted by a unanimous roll call vote of 11 yeas, 0 nays, and 0 absent. ORDERED: The Mayor is hereby authorized to convey, through an inter-governmental transfer, to the Salem Redevelopment Authority a 300 square foot portion of the City- owned right of way that encompasses the stairs from Bridge Street to the Crescent Lot at 252 Bridge Street as shown on the Plan of Land entitled “252 Bridge Street,” prepared by Hancock Associates, 185 Centre Street, Danvers, MA 01923, and dated 3/4/2022, and previously declared surplus property by the City Council. 9 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #270 – PLACING VIDEO SURVEILLANCE EQUIPMENT IN VARIOUS LOCATIONS The following order submitted by the Mayor was referred to the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. Ordered: Pursuant to Section 32-121 of the Code of Ordinances the Salem Police Department is hereby authorized and approved to place video surveillance equipment in the following locations: (a) Lafayette Street and Loring Avenue intersection (b) North Street and Highland Street intersection (c) Loring Avenue and Maple Avenue intersection (d) Salem Fire Station, 142 North Street (e) Chief James F. Brennan Memorial Fire Headquarters, 48 Lafayette Street (f) Joseph A. O’Keefe Memorial Fire Station, 64 Loring Avenue (g) Salem Fire Station, 415 Essex Street (h) 318 Essex Street adjacent to the Essex Street and North Street intersection #271 – LETTER FROM MAYOR TO MEET WITH THE COMMITTEE OF THE WHOLE TO DISCUSS ARPA FUNDS The following letter submitted by the Mayor was referred to the Committee of the Whole. Honorable Salem City Council Salem City Hall Salem, Massachusetts 01970 Ladies and Gentlemen of the City Council: I am writing to request that the City Council’s Committee of the Whole convene later in April so that City staff working on our American Rescue Plan Act (ARPA) program can provide a public update on the work undertaken to date and the plan moving forward to leverage our first round of ARPA funds for a robust recovery from the pandemic. Presenters will include David Rodrigues (Director of Recovery Strategy and Initiatives), Nick Downing (Federal Funds Manager), Anna Freedman (Finance Director), and Dominick Pangallo (Chief of Staff). 10 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING We look forward to the opportunity to share details about the thoughtful and responsive plan that has been put together based on public feedback from surveys and forums, a careful review of local needs and existing priorities and plans, and the input of a broad group of community stakeholders. Sincerely, Kimberley Driscoll, Mayor, City of Salem #272 – RAISE THE POLISH FLAG The following order introduced by Councillor Prosniewski was adopted as amended. Original Order: ORDERED: That the Veteran’s Agent raise the Polish Flag in Riley Plaza on May 3, 2022, at 11:30 A.M. in honor of Polish Labor Day, Polish Flag Day and Polish Constitution Day. Amended Order: ORDERED: That the Veteran’s Agent raise the Polish Flag in Riley Plaza on May 3, 2022 at 11:30 A.M. in honor of Polish Labor Day, Polish Flag Day and Polish Constitution Day. And that it be flown for one week. #273 – TRAFFIC ORDINANCE AMENDING CH. 42, SEC. 50B - HANDICAP PARKING – SYMONDS STREET The following ordinance introduced by Councillor Riccardi was adopted for first passage. In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended by adding: Symonds Street – in front of #16 Symonds Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. 11 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #274 – ORDINANCE AMENDING TRAFFIC RELATIVE TO SEC. 17A – FINES FOR OCTOBER The following ordinance introduced by Councillor Riccardi was adopted for first passage. In the year Two Thousand and Twenty-Two An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Article I is hereby amended by repealing the following to Section 17A: Section 50 - Prohibited in certain specified places. Within Ten Feet of a Fire Hydrant $50 Section 50 - Prohibited in certain specified places. Upon a Crosswalk $25 Section 50 - Prohibited in certain specified places. Upon a sidewalk $25 Section 50 - Prohibited in certain specified places. Within Four Feet of Driveway or Private Road $15 Section 52. - Bus stops. Bus Stop $15 Section 75 - $15.00 Fine/$40.00 Fine on Friday, Saturday and Sunday during Month of October for violation of Parking Prohibitions Towing Zone (Resident Sticker) Section 75A – Parking Prohibitions towing zone (October Resident Parking) – $50 And replacing it with: Section 50 - Prohibited in certain specified places. Within Ten Feet of a Fire Hydrant $50.oo Fine/$75.00 Fine during Month of October Section 50 - Prohibited in certain specified places. Upon a Crosswalk $25.00 Fine/$75.00 Fine during Month of October Section 50 - Prohibited in certain specified places. Upon a sidewalk $25.00 Fine/$75.00 Fine during Month of October Section 50 - Prohibited in certain specified places. Within Four Feet of Driveway or Private Road $15.00 Fine/$75.00 Fine during Month of October Section 52. - Bus stops. Bus Stop $15.00 Fine/$75.00 Fine during Month of October 12 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING Section 75 - $15.00 Fine/$75.00 Fine during Month of October for violation of Parking Prohibitions Towing Zone (Resident Sticker) Section 75A – $75.00 Fine Parking Prohibitions towing zone (October Resident Parking) Section 2. This ordinance shall take effect as provided by City Charter. #275 – TRAFFIC ORDINANCE AMENDING CH. 42, SEC. 50B – HANDICAP PARKING – HERSEY STREET The following ordinance introduced by Councillor Cohen was adopted for first passage. In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended by adding: Hersey Street – in front of #18 Hersey Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. #276 – TRAFFIC ORDINANCE AMENDING CH. 42, SEC. 50B – HANDICAP PARKING – CHASE STREET The following ordinance introduced by Councillor Cohen was adopted for first passage. In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended by adding: Chase Street – in front of #14 Chase Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. 13 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #277 – MEET TO DISCUSS ENFORCEMENT AND PENALTIES RELATIVE TO SNOW AND ICE REMOVAL The following order introduced by Councillor McClain was adopted as amended. Original Order: Ordered: That the Committee on Public Health, Safety and Environment meet to discuss enforcement and penalties relative to snow and ice removal. Amended Order: Ordered: That the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole meet to discuss enforcement and penalties relative to snow and ice removal. And that the Director of Public Services, Director of Traffic and Parking and the Director of Inspectional Services be invited. #278 – MAYOR TO ADDRESS CITY COUNCIL FOR STATE OF THE CITY The following order introduced by Councillor McCarthy was adopted. Ordered: That the Mayor be invited to a Committee of the Whole meeting to be held in- person on Thursday, April 28, 2022 at 6:00 P.M. in the Council Chambers to address the Council and residents on the State of the City. #279 – GRANTING CERTAIN LICENSES The following order introduced by Councillor Riccardi was adopted. Ordered: That the Following License Applications be granted: TAG DAYS: SHS Boys Volleyball May 1 & 28, 2022 SHS Girls Soccer Sept. 17th & Oct. 15th, 2022 SEAWORMS: Joe Mendonca 22 Spring St. Peabody 14 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #280 – (#224) – PARKING RATES FOR OCTOBER ON CANAL, MARGIN AND NORTH STREET Councillor Riccardi offered the following report for the Committee on Ordinances, Licenses & Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses & Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of October parking meter locations and resident usage, has considered said matter and would recommend that the matter be adopted (see order below). The committee discussed if a Salem resident could not use the app what can be done. It was concluded that there are constraints and also time consuming for the meter attendants to look up each license plate. The appeals process is written on the back of the ticket. If there is another Salem sticker on the car i.e. resident parking sticker, winter island sticker they will not ticket. Ordered: The parking rate for the locations identified below shall be $1.00 per hour: Canal Street – Temporary Parking Meter Zone Established – both sides, from the intersection with Lyme Street to a point approximately two hundred fifty (250) feet south of the intersection with Washington Street / Mill Street. October 1 to October 31, 2022. Saturday through Sunday, 12:00pm to 6:00pm. Residents may park for free during these times but must register with the Passport Parking App. Margin Street – Temporary Parking Meter Zone Established – east side only, from the intersection with Endicott Street to a point just north of the Salem Police Department’s driveway (95 Margin St). October 1 to October 31, 2022. Saturday through Sunday, 12:00pm to 6:00pm. Residents may park for free during these times but must register with the Passport Parking App. And be it further Ordered: The parking rate for the location identified below shall be $2.00 per hour: North Street – Temporary Parking Meter Zone Established – 22 perpendicular spaces located adjacent to the North Street Bridge and 4 Franklin Street. October 1 to October 31, 2022. Saturday through Sunday, 12:00pm to 6:00pm. Residents may park for free during these times but must register with the Passport Parking App. 15 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #281 – (#18) – GREEN INFRASTRUCTURE ORDINANCE Councillor Riccardi offered the following report for the Committee on Ordinances, Licenses & Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses & Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of an Ordinance relative to Green Infrastructure, has considered said matter and would recommend that the matter remain in Committee. #282 – (#446 of 2021) – MOVING SHERIDAN SQUARE Councillor Hapworth offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation by a unanimous roll call vote of 11 yeas, 0 nays and 0 absent. The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of moving of Sheridan Sq, has considered said matter and would recommend that the location of Sheridan Sq referenced from Council Order #1470 of 1921 be moved to Tremont and Sylvan Street. Meilcarz Square was place in the same location. #283 – (#28) – LAND ACKNOWLEDGEMENT STATEMENT Councillor Hapworth offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of creating a Land Acknowledgement statement to read at each meeting has considered said matter and would recommend that the matter remain in committee. 16 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #284 – (#19) – ESTABLISHING A FOOD WARE AND PACKAGING ORDINANCE Councillor Prosniewski offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of an Ordinance to establish food ware & packaging, has considered said matter and would recommend that the matter remain in committee. #285 – INTRODUCING DERBY THE NEW COMMUNITY RESOURCE DOG The following communication from Police Chief Lucas Miller was held until the next meeting of April 28, 2022. Communication from Police Chief Lucas Miller to introduce “Derby” the newly acquired community resource dog (CRD) and to also provide the Council with a brief overview of how the CRD program will be implemented in Salem. #286 – (#103) – PLANNING BOARD RECOMMENDATION RELATIVE TO VISIBILITY AT INTERSECTIONS The following recommendation from the Planning Board relative to Visibility at Intersections was received and filed. Report of the Planning Board to City Council Re: Visibility at Intersections April 1, 2022 At its meeting on March 31, 2022, the Planning Board discussed a proposed amendment to the Zoning Ordinance to amend Section 6.8 to increase the distance from an intersection wherein all structures must be 3 feet or shorter from 25 feet to 35 feet, which was referred from the March 15, 2022, joint public hearing with the City Council. The Planning Board voted one (1) in favor (Tom Furey) and seven (Bill Griset, Helen Sides, Sarah Tarbet, Todd Waller, Carole Hamilton, Kirt Rieder, Zach Caunter) opposed to recommend that the City Council adopt the proposed amendment to the Zoning Ordinance, with the following comments: 17 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING The amendment should conform with existing language in the Salem Code of Ordinances, Chapter 4 (particularly where political signs are concerned); - The amendment should be compatible with Section 8.2.6.1. (Entrance Corridor Overlay District, Fences); - The amendment should provide clarity on the line of measurement from where height is measured; - The amendment should, if used, provide clarity on the definition of “intersection street lines” - o Clarify that the distance is not measured from the centerline of the road; o Consider if this is intended to be measured from the face of curb; - The Planning Board would like clarification as to what obstructions Council seeks to manage with this ordinance. If you have questions regarding this matter, please contact Tom Daniel, AICP, Director of Planning & Community Development, at 978-619-5685. Sincerely, William Griset, Chair (#103) - ZONING ORDINANCE AMENDING SPECIAL REGULATIONS SEC. 6.8 VISIBILITY AT INTERSECTIONS The following zoning ordinance was referred to the Committee on Ordinances, Licenses & Legal Affairs co-posted with the Committee of the Whole. An Ordinance to amend the Zoning Ordinance regarding Special Regulations Be it Ordained by the City Council of the City of Salem as follows: Section 1. Section 6.8 Visibility at Intersections of Chapter 6 – Special Regulations is hereby amended by replacing the word twenty-five (25) with thirty-five (35) as follows: “In order to provide unobstructed visibility at intersections, no sign, fence, wall, hedge or other structure or planting of more than three (3) feet above the established street grade shall be erected, placed or maintained within the triangular area formed by the intersection street lines and a straight line joining said street lines at points which are thirty-five (35) feet distant from the point of intersection, measured along said street lines.” Section 2 . This Ordinance shall take effect as provided by City Charter. 18 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #287 - (#20) – PLANNING BOARD RECOMMENDATION REGARDING URBAN AGRICULTURE The following recommendation from the Planning Board relative to Urban Agriculture was received and filed. (Councillor Varela recused himself from this matter) Report of the Planning Board to City Council Re: Urban Agriculture Amendment April 1, 2022 At its meeting on March 31, 2022, the Planning Board discussed a proposed amendment to the Zoning Ordinance to address Urban Agriculture, including composting, beekeeping, keeping of domestic fowl, sale of products from urban farms, and more, and amend Section 10, Section 3.1, and Section 3.2.7 of the Zoning Ordinance. This amendment was referred to the Planning Board at the March 15, 2022, joint public hearing with the City Council. The Planning Board voted eight (8) in favor (Bill Griset, Tom Furey, Helen Sides, Sarah Tarbet, Todd Waller, Carole Hamilton, Kirt Rieder, Zach Caunter) and zero (0) opposed to recommend that the City Council adopt the proposed amendment to the Zoning Ordinance, with the changes shown in the attached redline, provided by City’s Health & Wellness Coordinator Kerry Murphy, MS, RDN. If you have questions regarding this matter, please contact Tom Daniel, AICP, Director of Planning & Community Development, at 978-619-5685. Sincerely, William Griset Chair CC: Ilene Simons, City Clerk (#20) - ZONING ORDINACE AMENDING URBAN AGRICULTURE The following zoning ordinance relative to Urban Agriculture was referred to the Committee on Ordinances, Licenses & Legal Affairs co-posted with the Committee of the Whole. (Councillor Varela recused himself from this matter) An Ordinance to amend an ordinance relative to zoning and urban agriculture. Be it ordained by the City Council of the City of Salem, as follows: 19 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING Section I. Section 10 of the Zoning Ordinance is hereby amended by deleting the definitions for Agricultural use, nonexempt; Coop; Customary agricultural, horticultural and floricultural operations; Farm stand, nonexempt; and Urban agriculture in their entirety and inserting the following new definitions: “Agriculture, Urban (Urban Agriculture): An umbrella term that describes a range of accessory food and plant growing practices, either for personal use or for sale as an accessory use, that may include composting, the keeping of domestic fowl and honeybees, but does not include other livestock. Arbor: An accessory Structure consisting of an open frame, freestanding or attached to another structure, with horizontal and/or vertical latticework often used as a support for climbing food or ornamental crops. Coldframe: A Temporary Structure that is an accessory unheated outdoor Structure built close to the ground, no higher than thirty-six inches (36”) typically consisting of, but not limited to, a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from cold weather. Composting: A process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used as fertilizer. Coop: An enclosed shelter that houses domestic fowl. Domestic fowl: A breed of bird specialized for meat production and/or egg laying and specifically excluding roosters. Commercial Farm, Exempt (noun): Protected by G.L. c. 40A, § 3- meaning the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products, provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities shall be limited to parcels of 5 acres or more or to parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or 20 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For the purposes of this definition, the term ''agriculture'' shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof; provided, however, that the terms agriculture, aquaculture, floriculture and horticulture shall not include the growing, cultivation, distribution or dispensation of marijuana as defined in section 2 of chapter 369 of the acts of 2012, marijuana as defined in section 1 of chapter 94C or marijuana or marijuana as defined in section 1 of chapter 94G. Roof Farm: Urban agriculture, on a roof of a principal or accessory structure with the intent to make personal use of or to sell whole, unprocessed produce, honey and/or eggs as an accessory use or, in the case of a commercial use, to be used in products sold on-site. All sales are subject to compliance with local, state and federal regulations. Yard Farm: Urban agriculture on a residential Lot with intent to make personal use of or to sell whole, unprocessed produce, honey and/or eggs as an accessory use. All sales are subject to compliance with local, state and federal regulations including Board of Health soil testing requirements. Farm Stand (Accessory): A Temporary Structure such as a table, stall or tent, operated by a sole vendor for the purpose of selling clean, whole, eggs, or honey, unprocessed produce and plants, all of which must be grown or produced on site. Farm Structures: Includes, but are not limited to, sheds, compost bins, shade pavilions, trellises or other vertical supports for growing crops, and structures used to extend the growing season such as Greenhouses, Hoop houses, Coops, Coldframes and similar structures. Garden, home/yard: An accessory use on a residential lot to grow plants and produce for beautification, recreation, and personal consumption. The garden may be outdoors, in an accessory structure or on the roof of a structure. Sales are prohibited. Greenhouse: A Structure primarily constructed of a frame and transparent plastic material, in which temperature and humidity can be controlled for the cultivation or protection of plants or other agricultural products. All greenhouse structures are subject to setback and building code requirements. Honeybee: A common domestic bee, Apis mellifera species. Hoop house: An accessory Temporary Structure typically made of, but not limited to flexible PVC piping or other material covered with translucent plastic, constructed in a “half-round” or “hoop” shape, for the purposes of growing food or ornamental crops. 21 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING Raised Bed: method of cultivation in which soil is placed over a geotextile barrier, raised and ordinarily formed into three (3) to four (4) foot wide mounds. The soil may be enclosed by a frame generally made of untreated wood. Raised beds are not considered a Structure. Section II. Section 3.1 Table of Principal and Accessory Use Regulations of the Zoning Ordinance is hereby amended by deleting the following uses: within B. EXEMPT AND INSTITUTIONAL USES: Facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August, and September of every year, or during the harvest season of the primary crop, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner of the land containing more than five acres in area on which the facility is located and Use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture on a parcel of more than five acres in area; within , C. COMMERCIAL USES: Agricultural use, nonexempt and Farm stand, nonexempt; and within E ACCESSORY USES: Urban agriculture and Customary agriculture, horticulture and floriculture operation … and inserting the following new uses within the Table: TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS PRINCIPAL USES RC R1 R2 R3 B1 B2 B4 B5 I BPD NRCC B. EXEMPT AND INSTITUTIONAL USES Commercial Farm, Y Y Y Y Y Y Y Y Y Y Y Exempt1: E. ACCESSORY USES RC R1 R2 R3 B1 B2 B4 B5 I BPD NRCC 1 A Commercial Farm, Exempt operated on a City-owned Lot or by the City on a Lot that is not owned by the City is exempt from the requirement that such use be conducted on parcels of 5 acres or more or parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, so long as the products produced thereon are to be used for the benefit of the community and any revenue from any sales of those products are used for the sole purpose of sustaining the community farm. 22 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING Urban Agriculture Y Y Y Y Y Y Y Y Y Y Y (Subject to Section 3.2.7): Garden, home/yard Y Y Y Y Y Y Y Y Y Y Y Section III. Section 3.2 - Accessory Uses of the Zoning Ordinance is hereby amended by deleting Section 3.2.7 Urban Agriculture and Section 3.2.1 Customary Agricultural, Horticultural and Floricultural Operations in their entirety and replacing it with the following: “3.2.7 Urban Agriculture Urban Agriculture is allowed as an Accessory Use in all zoning districts, provided that no Urban Agriculture activity shall be conducted, nor Farm Structure erected, except in compliance herewith and with any other applicable laws, rules regulations including without limitation the building code and any requirements of the Salem Board of Health. 1. Sale of Products The on-site sale of agricultural products, including whole, unprocessed produce, honey or eggs, is allowed subject to the following provisions: a. Retail sale display areas shall not exceed fifty square feet. b. One Farm Stand is allowed per lot. c. No sales display, sign or Structure, including a Farm Stand, shall be located on a public sidewalk or street or block vehicle and/or pedestrian flow. d. Signage shall be limited to one (1) sign and not exceed six (6) square feet; signs shall not be illuminated or require electricity. No off premises signs are allowed. e. All products sold on the Lot must be produced on-site. For purposes of this Ordinance, the term “produced on-site means” grown on the Lot or, in the case of domestic fowl or honey bees produced on the Lot by the animals kept thereon . f. Sales of products shall be permitted between the hours of 7:00 am and 6:00 pm., May 1 to October 31st. Sales shall not be permitted more than three days per week and no more than 25 total days per year. 2. Domestic Fowl a. Domestic fowl must be owned by a resident of the dwelling on the lot who shall be responsible for the care and control of the fowl. b. No roosters shall be kept under an Urban Agricultural use or any other use on lots in Salem. 23 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING c. Dimensional Regulations i. Maximum Height. 1. Coop. Enclosed Coop space shall not exceed eight (8) feet in height. 2. Run. Runs shall not exceed eight (8) feet in height. ii. Size 1. Coop structures shall meet all building code requirements. Structures exceeding one hundred twenty (120) sq feet or eight (8) feet in height will require building permits and structures with electrical or plumbing shall require appropriate permits. Changes in the building code shall pre-empt this section. 2. Coop. Coop space must allow a minimum of four (4) square feet per fowl and one (1) nest box per three (3) fowl. 3. Run. Runs must allow a minimum of four (4) square feet per fowl. d. Setback Requirements i. No fixed coop or run shall be located nearer than five (5) feet to any principal building, including the principal building on an abutting lot, and no coop or run shall be located nearer than five (5) feet to any side or rear lot line. Side lots in this instance refer to a projected line starting from the front lot line, terminating at the rear lot line parallel five (5) feet from the side lot line. ii. Coops and/or runs are not permitted within 20 feet of a front lot line. iii. Moveable coops (i.e. coops on wheels) and runs are not subject to setback requirements. iv. Any lawfully existing domestic fowl-keeping use or structure in existence prior to the adoption of this Section shall be allowed to continue, as per the zoning code enforcement standards for other pre-existing nonconforming uses and structures. Any future alterations to applicable pre-existing uses or structures shall comply with this section or seek necessary approvals. v. Coop structures shall not interfere with any existing public easements. e. Any domestic fowl-keeping use or structure in existence prior to the adoption of this Ordinance shall be allowed to continue, as per the zoning code enforcement standards of other pre-existing nonconforming uses and structures. Any future alterations to applicable pre-existing uses or structures shall seek necessary approvals. 3. Honeybees a. Honeybees must be owned by a resident of the dwelling on the lot who shall be responsible for the care and control of the Honeybees. b. A maximum of two (2) hives may be kept on a Lot with additional hives pending approval from the Salem Board of Health. Additional Board of Health regulations may further limit the number and/or manner of keeping of honeybees on lot. c. Dimensional Regulations 24 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING i. No Hive shall exceed five (5) feet in height and twenty (20) cubic feet in size on any Lot or roof. d. Setback Requirements i. Where there is a solid wall, fence or similar barrier between the subject property and abutting property, no setback from the property line is required. Where there is no wall, fence or similar barrier between subject property and abutting property, Hives shall be set back five (5) feet from the property line. ii. No Hive shall be located closer than ten (10) feet from the lot line dividing the Lot from a sidewalk or street. e. Hive Placement and Flyways. i. For any ground level Hive that is within twenty (20) feet of the doors and/or windows of the principal building on an abutting Lot, either of the following conditions must exist: ii. The Hive opening must face away from doors and/or windows; or iii. A flyway of at least six (6) feet in height comprising of a lattice fence, dense hedge or similar barrier must be established in front of the opening of the Hive such that the honeybees fly upward and away from neighboring properties. The flyway shall be located within three (3) feet of the entrance to the Hive and shall extend at least two (2) feet in width on either side of the Hive opening. f. Specific Rooftop Beekeeping Requirements. i. Dimensional Regulations. 1. No Hive shall exceed five (5) feet in height and twenty (20) cubic feet in size on any Lot or roof. ii. Setback Requirements 1. Hives shall be set back six (6) feet from the edge of the roof. iii. Hive Placement and Flyways. 1. For any roof level Hive that is within twenty (20) feet of the doors and/or windows of the principal building on an abutting Lot, either of the following conditions must exist: a. The Hive opening must face away from doors and/or windows; or b. A flyway of at least six (6) feet in height comprising of a lattice fence, dense hedge or similar barrier must be established in front of the opening of the Hive such that the honeybees upward and away from neighboring properties. The flyway shall be located within three (3) feet of the entrance to the Hive and shall extend at least two (2) feet in width on either side of the Hive opening. 4. Yard Farms a. Yard farms may be kept on residential properties only. b. Ownership, care and control of the farm shall be the responsibility of a resident of the dwelling on the lot. c. Land devoted to the Yard Farm shall be well-maintained and free from debris, noxious odor and excessively tall weeds and grass. d. Yard farms may include Raised Beds, Arbors, Greenhouses, Hoop Houses and Cold Frames as accessory structures subject to applicable setbacks and dimensional regulations. e. All accessory structures shall also be well-maintained in a safe condition. 25 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING 5. Roof Farms a. Ownership, care and control of the roof farm shall be the responsibility of the owner or tenant of Lot. 6. Farm Structures a. Farm structures such as arbors, greenhouses, hoop houses and cold frames, shall be allowed as accessory structures subject to the following provisions: i. Green houses are allowed within any rear or side yard up to but not closer than five (5) feet from the Lot line. ii. Arbors, hoop houses and cold frames are allowed within any rear or side yard up to but not closer than one (1) foot from the Lot line. iii. Farm Structures shall not exceed a maximum height of 15 feet and cannot be taller than the principal structure on the Lot; the covers shall be removed and stored when plants are not being cultivated or structure is not being used for an urban agricultural use iv. Farm structures, when combined with other buildings on the property, shall not exceed the maximum lot coverage by all buildings listed in the Table of Dimensional Requirements. v. Farm Structures shall not interfere with any existing public easements. 7. Composting a. Composting must be contained within an enclosed bin that does not have direct contact with flammable materials. b. Setback Requirements i. Compost bins, structures and windrows shall be set back five (5) feet from all Lot lines. ii. Compost bins, structures and windrows shall not be located in any portion of a yard area that abuts a Street. c. Accessory composting shall be used primarily to support onsite operations and shall comprise no more than five (5%) percent of the Lot area.” Section IV. This Ordinance shall take effect as provided by City Charter. #288 – PETITION FROM A.L. PRIME ENERGY TO KEEP/STORE FLAMMABLES A hearing was ordered for April 28, 2022 for a petition from A.L. Prime Energy to keep/store combustible liquids and flammable liquids at 342 Highland Avenue. #289 – COMCAST TO INSTALL CONDUIT ON MARGIN STREET A hearing was ordered for April 28, 2022 on a petition from Comcast to install a Conduit on Margin Street. 26 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #290 – NATIONAL GRID TO INSTALL A CONDUIT AND RECONSTRUCT A GAS PRESSURE REGULATOR STATION ON APPLETON STREET A hearing was ordered for April 28, 2022 for a Petition from National Grid to install a conduit and reconstruct a gas pressure regulator station on Appleton Street. #291 – REQUEST FROM MENTAL MAKEOVER TO HOLD A WALK AND USE OF CITY STREETS ON JULY 31, 2022 A Petition from Mental Makeover to hold a Walk the World Needs You Here 3 Mile Walk and use of city street July 31, 2022 was granted. #292 – BLOCK PARTY – CEDARCREST AVENUE A request from residents of Cedarcrest Ave to hold a block party on July 23, 2022 from 2:00 PM to 10:00 PM with a rain date of July 24, 2022 was granted. #293 – PUBLIC GUIDES The Following License Applications were granted. PUBLIC GUIDES: James Harrison 201 Central St., Georgetown Samantha Page 22 Fowler St., Salem David Tullis 14 Fowler St., Salem Olivia Giroux-Galpin 15 Orne St., N. Attleboro Lara Jay Fury 126 Federal St., Salem Adrianna Neefus 1 Daniels St. Ct., Salem Rydia Q Vielehr 30 Franklin St., Malden Jeannine O’Clancy 98 Summit St., Weymouth William Page 9 Pickering Way, Salem Brian Keady 34 Clement St., Salem Joyce Harrington 50 Freedom Hollow, Salem Mary Raker 2 Hall Pond Rd., Boylston 27 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING #294 - #297 – DRAINLAYER LICENSES The Following Contract Operator/Drainlayer Licenses were granted. Danella Line Services 37 Ayre Rd., Littleton EKB Equipment LLC 166 Eastern Ave., Essex Landmark Utilities Site Excavation 134 Centre St., Danvers Palladino Excavating Corp. 134 Centre St., Danvers #298 - #301 – CLAIMS The Following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Eric Olson 1 High Ave., Salem Esam Abdelgadir 48 Clark St., Salem Sheida Serafat 320 Lafayette St., Salem Shyla Smith 216 Canal St., Salem #302 - #303 – BONDS The Following Bonds were referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER: Danella Line Services 37 Ayre Rd., Littleton Landmark Utilities Site Excavation 134 Centre St., Danvers (#17) – SECOND PASSAGE - ZONING ORDINANCE RELATIVE TO BUFFER ZONES FOR MARIJUANA ESTABLISHMENTS The Second Passage of a Zoning Ordinance Amending Buffer Zones for Marijuana Establishments was adopted for second and final passage by a roll call vote of 10 yeas, 1 nay and 0 absent. Councillors Cohen, Hapworth, McCarthy, McClain, Merkl, Prosniewski, Riccardi, Varela, Watson-Felt, and Morsillo were all recorded in the affirmative. Councillor Dominguez was recorded in the negative. Councillor Dominguez was disappointed that the House of Worships to remain at 1,000 feet. In the year Two Thousand and Twenty-Two An Ordinance to amend the zoning ordinance regarding buffer zones relative to marijuana establishments. 28 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING Section 1. Section 6.10.6 of the Code of Zoning Ordinances is amended by replacing (5) in its entirety with the following: “5. Pursuant to M.G.L.A. c. 94G, § 5(b)(3), a marijuana establishment shall not be located within five hundred (500) feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12.” Section 2. This Ordinance shall take effect as provided by City Charter. (#222) – SECOND PASSAGE - TRAFFIC ORDINACE AMENDING CH. 42, SEC. 75A – TEMPORARY OCTOBER RESIDENT PERMIT PARKING STREETS The Second Passage of an ordinance to amend an ordinance relative to traffic Chapter 42, Sec. 75A – Parking Prohibitions towing zone (October resident parking) was adopted for second and final passage. In the year Two Thousand and Twenty-Two An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 75A – Parking prohibitions towing zone (October resident parking) of Article V-A is hereby amended by deleting the following streets from Section A - Temporary October Resident Permit Parking: Becket Avenue, Bridge Street from Howard Street to Webb Street, Cabot Street from Cedar Street to Gardner Street, Cross Street from Saunders Street to Lemon Street, Derby Street from Palfrey Court to Fort Avenue, Essex Street from Flint Street to Monroe Street, Hawthorne Boulevard on the westerly side of the two-way section, Leavitt Street from Lafayette Street to Congress Street, Palmer Street from Lafayette Street to Congress Street And inserting the following streets: Barton Place, Beacon Street, Bridge Street from Howard Street to Beacon Street, Broad Street from Dalton Parkway to Jackson Street, Cabot Street from Cedar Street to Hancock Street, Conant Street, Cross Street, Cross Street Court, Dalton Parkway even side only (14-18 Dalton Pkwy), Derby Street from Webb Street to Fort Avenue, Essex Street from Boston Street to Monroe Street, Fowler Street, Gardner Street, Hancock Street from Cabot Street to Lafayette Street, Harrington Court, Leavitt Street from Lafayette Street to Perkins Street, North Pine Street, Palmer Street, Pearl Street, Perkins Street, Pingree Street, Prince Street Place, Saunders Street, South Pine Street, Warner Street Section 2. This ordinance shall take effect as provided by City Charter. 29 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING (#225) – SECOND PASSAGE - TRAFFIC ORDINACE AMENDING CH. 42, SEC. 50B – HANDICAP PARKING- REPEAL – BOARDMAN STREET The Second Passage of an ordinance to amend an ordinance relative to traffic Chapter 42, Sec. 50B – Handicap Parking was adopted for second and final passage. In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended as follows: REPEAL – Boardman Street – in front of #27 Boardman Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. (#226) – SECOND PASSAGE - TRAFFIC ORDINACE AMENDING CH. 42, SEC. 50B – HANDICAP PARKING- REPEAL – LAFAYETTE STREET The Second Passage of an ordinance to amend an ordinance relative to traffic Chapter 42, Sec. 50B – Handicap Parking was adopted for second and final passage. In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended as follows: REPEAL – Lafayette Street – in front of #292 Lafayette Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. 30 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING (#227) – SECOND PASSAGE - TRAFFIC ORDINACE AMENDING CH. 42, SEC. 50B – HANDICAP PARKING- REPEAL – LYNDE STREET The Second Passage of an ordinance to amend an ordinance relative to traffic Chapter 42, Sec. 50B – Handicap Parking was adopted for second and final passage. In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended as follows: REPEAL – Lynde Street – in front of #10 Lynde Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. On the motion of Councillor McCarthy the meeting adjourned at 8:36 P.M. ATTEST: ILENE SIMONS CITY CLERK

Agenda

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall April 12, 2022 MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting in-person on Thursday, April 14, 2022, at 7:00 P.M. in the Council Chambers, 93 Washington Street, 2nd floor for the purpose of discussing any and all business. Members of the public may attend in person or remotely via Zoom by going to the website link noted below: https://us02web.zoom.us/j/81130370977?pwd=MVdmSU5iYkRwbi9JaFMxT0VoZDhhZz09 Password: 322470 Go to the website link: https://zoom.us/join. Enter meeting/webinar ID# 811 3037 0977 followed by the meeting password above if directed to do so. 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#: 811 3037 0977 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). The public may also watch the meeting live on SATV on Channel 22. Very truly yours, ATTEST: ILENE SIMONS CITY CLERK “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.” 2 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING A Regular Meeting of the City Council was held in-person and remotely via zoom on Thursday, April 14, 2022, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on April 12, 2022, at 2:16 P.M. This meeting is being recorded and is live on S.A.T.V. Councillors absent: Council President Morsillo presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Morsillo 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: Sign the roster in the City Clerk’s Office, Room #1 no later than 6:30 P.M. on the date of the meeting or send an email no later than 6:30 PM on the date of the meeting to isimons@salem.com. Include your name, address, subject matter you wish to speak about, phone number, email address and screen name you will be using. You may participate in Public Testimony remotely or in-person or the Council President may read your comment into the record, if emailed. 3 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING HEARINGS NONE 4 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s appointment of Thomas Philbin of 6 Planters St. to the Conservation Commission with a term to expire March 24, 2025 Action Contemplated Councillor Watson-Felt Moved Confirmation by RCV Yea Nay Abs Held from the last meeting the Mayor’s appointment Elvis Gustavo of 7 Champlain Rd to the Sustainability, Energy, and Resiliency Committee, with a term to expire March 24, 2025 Action Contemplated Councillor Hapworth Moved Confirmation by RCV Yea Nay Abs Held from the last meeting the Mayor’s appointment of Jeremy Baker 90 Washington Sq. to the Beatification Committee, with a term to expire March 24, 2025 Action Contemplated Councillor Watson-Felt Moved Confirmation by RCV Yea Nay Abs Mayor’s Appointments of the following to various boards and commissions: Veronica Faustino to the Housing Authority with a term to expire April 14, 2027 Johnel Roberts to the Park & Rec. Commission with a term to expire April 18, 2023 C. Sus. Of the Rules C. Objection Action Contemplated Councillor Held under the Rules Voted 5 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Mayor’s Appointments of the following to various boards and commissions Informational Purposes Only: Bruce Cohen to the Salem Recycling Committee (no term to expire) Robin Panzer to the Salem Cultural Council with a term to expire April 14, 2025 Action Contemplated Councillor Moved Received & Filed Voted Mayor’s re-appointments of the following three people to various boards and commissions: Mayor’s re-appointment of Geraldine Yuhas of 28C Federal St. to the Board of Health with a term to expire April 14, 2025. -------------------------------------------------------------------------------------------------------------------- Mayor’s re-appointment of Amy Everitt of 14 Columbus Ave. to the Park and Recreation Commission with a term to expire April 25, 2027. --------------------------------------------------------------------------------------------------------------------- Mayor’s re-appointment of Sam Lim of Atlantic Hall, SSU to the Scholarship & Education Committee with a term to expire April 14, 2025 Action Contemplated Councillor Hapworth Moved Confirmation by RCV Yea Nay Abs 6 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Fourteen Thousand Five Hundred Dollars ($14,500.00) is hereby transferred from the Inspectional Services Department’s “FT Salaries” account (12411-5111) to the Inspectional Services Department’s “Contracted Services” account as provided below to cover costs associated with contracted plumbing and gas inspectional services due to department vacancies in accordance with the recommendation of Her Honor the Mayor. Description Fund Amount Contracted Services 12412-5320 $ $14,500.00 $14,500.00 Councillor McCarthy Suspension of the Rules Councillor Objection Action Contemplated Councillor McCarthy Refer to the Comm. on Admin. & Finance OR Moved Adoption Voted ORDERED: That the sum of Eleven Thousand Dollars ($11,000.00) 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 $ 8,000.00 2431-4800 R/Res Sale of Vaults 14112-5383 DPS Burial 3,000.00 Total $ 11,000.00 Councillor McCarthy Suspension of the Rules Councillor Objection Action Contemplated Councillor McCarthy Refer to the Comm. on Admin. & Finance OR Moved Adoption Voted 7 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Eight Thousand Nine Hundred Ninety-Seven Dollars and Forty- Two Cents ($8,997.42) is hereby transferred from the Purchasing Department’s “FT Salaries” account (11381-5111) to the Purchasing Department’s “Telephone-Wireless” account as provided below to cover payment associated with a prior year bill for T-Mobile services in accordance with the recommendation of Her Honor the Mayor. Description Fund Amount Telephone-Wireless 11392-5341 $ 8,997.42 $ 8,997.42 Councillor McCarthy Suspension of the Rules Councillor Objection Action Contemplated Councillor McCarthy Refer to the Comm. on Admin. & Finance OR Moved Adoption Voted 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 Four Thousand Seven Hundred Fifteen Dollars and Eighty- Five Cents ($4,715.85) of outstanding Fiscal Year 2021 invoices is hereby allowed to be paid from the Fiscal Year 2022 Purchasing Department budget as listed below in accordance with the recommendation of Her Honor the Mayor. Department Vendor Amount Purchasing T-Mobile $ 4,715.85 Total $ 4,715.85 Councillor McCarthy Suspension of the Rules Councillor Objection Action Contemplated Councillor McCarthy Refer to the Comm. on Admin. & Finance OR Moved Adoption by RCV Yeas Nays Abs (2/3 vote needed) 8 CITY OF SALEM APRIL 14, 2022 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 Seven Hundred Fifty Dollars ($750.00) of outstanding Fiscal Year 2021 invoices is hereby allowed to be paid from the Fiscal Year 2022 Police Department budget as listed below in accordance with the recommendation of Her Honor the Mayor. Department Vendor Amount Police Essex County Craftsmen $ 750.00 Total $ 750.00 Councillor McCarthy Suspension of the Rules Councillor Objection Action Contemplated Councillor McCarthy Refer to the Comm. on Admin. & Finance OR Moved Adoption by RCV Yeas Nays Abs (2/3 vote needed) ORDERED: To accept the donation from Friends of the Salem Council on Aging in the amount of Two Thousand Four Hundred Forty-Eight Dollars ($2,448.00). This donation is to cover expenses for Easter meals for homebound seniors. These funds will be deposited into the COA’s Fund 24011-4830 in accordance with the recommendation of Her Honor the Mayor. Action Contemplated Councillor McCarthy Moved Adoption Voted ORDERED: That the City Council hereby approves the submittal of the City of Salem’s Application for Federal Assistance to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of July 1, 2022 through June 30, 2023 in the amount determined by HUD’s formula entitlement allocation ($968,058 estimated). Action Contemplated Councillor McCarthy Moved Adoption by RCV Yeas Nays Abs 9 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Resolution: Authorizing Submission of a Statement of Interest to the Massachusetts School Building Authority Having convened in an open meeting on April 14, 2022, prior to the SOI submission closing date, the City Council of the City of Salem, Massachusetts, in accordance with its charter, by-laws, and ordinances, has voted to authorize the Superintendent to submit to the Massachusetts School Building Authority the Statement of Interest Form dated April 2022 for the Salem High School located at 77 Willson Street, Salem, Massachusetts, which describes and explains the following deficiencies and the priority categories for which an application may be submitted to the Massachusetts School Building Authority in the future: Priority 1. Replacement or renovation of a building in a condition seriously jeopardizing the health and safety of school children. A significant portion of the building’s heating and ventilation system components have either failed, exceeded their useful life, and/or are predicted to fail imminently. In addition, the building contains significant amounts of asbestos. As the building ages and requires more repair and maintenance, the likelihood of damage to asbestos containing materials and the release of asbestos into the school environment is expected to increase. Priority 5. Replacement, renovation, or modernization of school facility systems, such as roofs, windows, boilers, heating and ventilation systems, to increase energy conservation and decrease energy related costs. As noted above, a significant portion of the building’s systems (including roofs, windows, boilers, and HVAC systems) have exceeded their useful life. In addition, automated building control systems no longer function properly requiring frequent manual adjustment of mechanical equipment, significantly impeding our ability to manage and control energy use. Priority 7. Replacement of or addition to obsolete buildings in order to provide for a full range of programs consistent with state and approved local requirements. Over 50% of Salem High School students are currently enrolled in CVTE classes. The demand for programs that are relevant to our community, region, and state employers is growing tremendously. Unfortunately, the building as presently designed and equipped is unable to support the expansion of programs that would meet state requirements for CVTE certification. In addition, the constraints of the building prevent the district from providing a full range of programs in the fine and performing arts, and in the science, technology and engineering areas; 10 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR and hereby further specifically acknowledges that by submitting this Statement of Interest Form, the Massachusetts School Building Authority in no way guarantees the acceptance or the approval of an application, the awarding of a grant or any other funding commitment from the Massachusetts School Building Authority, or commits the City of Salem, Massachusetts to filing an application for funding with the Massachusetts School Building Authority. Action Contemplated Councillor McCarthy Moved Adoption by RCV Yeas Nays Abs In the year Two Thousand and Twenty-Two An Ordinance to amend language relative to the senior resident tax work off abatement program. Section 1. Section 2-2052 Program guidelines of Chapter 2 Administration is hereby amended in subsection (a) by deleting the number “$1,000.00” and replacing it with the number “$1,500.00”. Section 2. Section 2-2052 Program guidelines of Chapter 2 Administration is hereby amended in subsection (d) by deleting the number “30” and replacing it with the number “60”. Section 3. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved adoption for first passage Voted OR Refer to the Comm. on Ord., Lic. & Legal Affairs 11 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR In the year Two Thousand and Twenty-Two An Ordinance to ensure a more inclusive municipal Code of Ordinances. Section 1. Section 2-532 – Qualifications of Chapter 2 is hereby amended by replacing the word “citizen” with the word “resident”. Section 2. Article XV. – Senior Citizen Tax Work Off Abatement Program of Chapter 2 is hereby amended in the Article title by replacing the word “Citizen” with the word “Property-Owner” Section 3. Section 2-1733 – General duties of Chapter 2 is hereby amended by replacing the word “citizen” with the word “individual”. Section 4. Section 14-402 – Issuance of licenses of Chapter 14 is hereby amended by replacing the word “citizens” with the word “residents”. Section 5. Section 24-4 – Discharging firearms of Chapter 24 is hereby amended by replacing the word “citizen” with the word “individual.” Section 6. Section 26-66 – Purpose and goals of Chapter 26 is hereby amended in subsection (a) by replacing the word “citizens” with the word “residents” in both instances in which it appears in the subsection. Section 7. Section 30-30 – General duties of Chapter 30 is hereby amended by replacing the word “citizens” with the word “residents.” Section 8. Section 32-19 – Constables of Chapter 32 is hereby amended in subsection (b) by replacing the word “citizens” with the word “residents”. Section 9. Section 32-130 – Preamble of Chapter 32 is hereby amended by replacing the word “citizens” with the word “residents”. Section 10. Section 32-122 – Legislative findings of Chapter 32 is hereby amended in subsection (a) by replacing the word “citizen” with the word “individual” and by adding at the end of subsection (a) “to the extent permitted by law.” Section 11. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved adoption for first passage Voted OR Refer to the Comm. on Ord., Lic. & Legal Affairs 12 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: The Mayor is hereby authorized to convey, through an inter-governmental transfer, to the Salem Redevelopment Authority a 300 square foot portion of the City- owned right of way that encompasses the stairs from Bridge Street to the Crescent Lot at 252 Bridge Street as shown on the Plan of Land entitled “252 Bridge Street,” prepared by Hancock Associates, 185 Centre Street, Danvers, MA 01923, and dated 3/4/2022, and previously declared surplus property by the City Council. Action Contemplated Councillor Riccardi Moved adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. & Legal Affairs Ordered: Pursuant to Section 32-121 of the Code of Ordinances the Salem Police Department is hereby authorized and approved to place video surveillance equipment in the following locations: (a) Lafayette Street and Loring Avenue intersection (b) North Street and Highland Street intersection (c) Loring Avenue and Maple Avenue intersection (d) Salem Fire Station, 142 North Street (e) Chief James F. Brennan Memorial Fire Headquarters, 48 Lafayette Street (f) Joseph A. O’Keefe Memorial Fire Station, 64 Loring Avenue (g) Salem Fire Station, 415 Essex Street (h) 318 Essex Street adjacent to the Essex Street and North Street intersection Action Contemplated Councillor Riccardi Moved adoption Voted OR Refer to the Comm. on Ord., Lic. & Legal Affairs ______________________________________________________________________ 13 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Honorable Salem City Council Salem City Hall Salem, Massachusetts 01970 Ladies and Gentlemen of the City Council: I am writing to request that the City Council’s Committee of the Whole convene later in April so that City staff working on our American Rescue Plan Act (ARPA) program can provide a public update on the work undertaken to date and the plan moving forward to leverage our first round of ARPA funds for a robust recovery from the pandemic. Presenters will include David Rodrigues (Director of Recovery Strategy and Initiatives), Nick Downing (Federal Funds Manager), Anna Freedman (Finance Director), and Dominick Pangallo (Chief of Staff). We look forward to the opportunity to share details about the thoughtful and responsive plan that has been put together based on public feedback from surveys and forums, a careful review of local needs and existing priorities and plans, and the input of a broad group of community stakeholders. Sincerely, Kimberley Driscoll Mayor City of Salem Action Contemplated Councillor Morsillo Moved referred to the Comm. of the Whole Voted 14 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE 15 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Prosniewski ORDERED: That the Veteran’s Agent raise the Polish Flag in Riley Plaza on May 3, 2022, at 11:30 A.M. in honor of Polish Labor Day, Polish Flag Day and Polish Constitution Day. Action Contemplated Councillor Prosniewski Moved Adoption Voted Councillor Riccardi In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended by adding: Symonds Street – in front of #16 Symonds Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved adoption for first passage Voted 16 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Riccardi In the year Two Thousand and Twenty-Two An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Article I is hereby amended by repealing the following to Section 17A: Section 50 - Prohibited in certain specified places. Within Ten Feet of a Fire Hydrant $50 Section 50 - Prohibited in certain specified places. Upon a Crosswalk $25 Section 50 - Prohibited in certain specified places. Upon a sidewalk $25 Section 50 - Prohibited in certain specified places. Within Four Feet of Driveway or Private Road $15 Section 52. - Bus stops. Bus Stop $15 Section 75 - $15.00 Fine/$40.00 Fine on Friday, Saturday and Sunday during Month of October for violation of Parking Prohibitions Towing Zone (Resident Sticker) Section 75A – Parking Prohibitions towing zone (October Resident Parking) – $50 And replacing it with: Section 50 - Prohibited in certain specified places. Within Ten Feet of a Fire Hydrant $50.oo Fine/$75.00 Fine during Month of October Section 50 - Prohibited in certain specified places. Upon a Crosswalk $25.00 Fine/$75.00 Fine during Month of October Section 50 - Prohibited in certain specified places. Upon a sidewalk $25.00 Fine/$75.00 Fine during Month of October Section 50 - Prohibited in certain specified places. Within Four Feet of Driveway or Private Road $15.00 Fine/$75.00 Fine during Month of October Section 52. - Bus stops. Bus Stop $15.00 Fine/$75.00 Fine during Month of October 17 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Section 75 - $15.00 Fine/$75.00 Fine during Month of October for violation of Parking Prohibitions Towing Zone (Resident Sticker) Section 75A – $75.00 Fine Parking Prohibitions towing zone (October Resident Parking) Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved adoption for first passage Voted Councillor Cohen In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended by adding: Hersey Street – in front of #18 Hersey Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Moved adoption for first passage Voted 18 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Cohen In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended by adding: Chase Street – in front of #14 Hersey Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Moved adoption for first passage Voted Councillor McClain Ordered: That the Committee on Public Health, Safety and Environment meet to discuss enforcement and penalties relative to snow and ice removal. Action Contemplated Councill McClain Moved Adoption Voted Councillor Morsillo Ordered: That the Mayor be invited to a Committee of the Whole meeting to be held in- person on Thursday, April 28, 2022 at 6:00 P.M. in the Council Chambers to address the Council and residents on the State of the City Action Contemplated Councill Morsillo Moved Adoption Voted 19 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Riccardi: Ordered: That the Following License Applications be granted: TAG DAYS: SHS Boys Volleyball May 1 & 28, 2022 SHS Girls Soccer Sept. 17th & Oct. 15th, 2022 SEAWORMS: Joe Mendonca 22 Spring St. Peabody Councillor Riccardi Moved Granted Voted ______________________________________________________________________ 20 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMITTEE REPORTS Councillor Riccardi offered the following report for the Committee on Ordinances, Licenses & Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of October parking meter locations and resident usage, has considered said matter and would recommend that the matter be adopted (see order below) Ordered: The parking rate for the locations identified below shall be $1.00 per hour: Canal Street – Temporary Parking Meter Zone Established – both sides, from the intersection with Lyme Street to a point approximately two hundred fifty (250) feet south of the intersection with Washington Street / Mill Street. October 1 to October 31, 2022. Saturday through Sunday, 12:00pm to 6:00pm. Residents may park for free during these times but must register with the Passport Parking App. Margin Street – Temporary Parking Meter Zone Established – east side only, from the intersection with Endicott Street to a point just north of the Salem Police Department’s driveway (95 Margin St). October 1 to October 31, 2022. Saturday through Sunday, 12:00pm to 6:00pm. Residents may park for free during these times but must register with the Passport Parking App. And be it further Ordered: The parking rate for the location identified below shall be $2.00 per hour: North Street – Temporary Parking Meter Zone Established – 22 perpendicular spaces located adjacent to the North Street Bridge and 4 Franklin Street. October 1 to October 31, 2022. Saturday through Sunday, 12:00pm to 6:00pm. Residents may park for free during these times but must register with the Passport Parking App. Accept the Report Voted Adopt the Recommendation Voted Councillor Riccardi offered the following report for the Committee on Ordinances, Licenses & Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of an Ordinance relative to Green Infrastructure, has considered said matter and would recommend that the matter remain in Committee Accept the Report Voted Adopt the Recommendation Voted 21 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMITTEE REPORTS Councillor Hapworth offered the following report for the Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of moving of Sheridan Sq, has Considered said matter and would recommend that the location of Sheridan Sq referenced from Council Order #1470 of 1921 be moved to Tremont and Sylvan St. Accept the Report Voted Adopt the Recommendation Yea Nay Abs By RCV Councillor Hapworth offered the following report for the Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of creating a Land Acknowledgement statement to read at each meeting has considered said matter and would recommend that the matter remain in Committee Accept the Report Voted Adopt the Recommendation Voted Councillor Prosniewski 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 an Ordinance to establish food ware & packaging, has Considered said matter and would recommend: (Action unknown meeting held after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted 22 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS Communication from Police Chief Lucas Miller to introduce “Derby” the newly acquired community resource dog (CRD) and to also provide the Council with a brief overview of how the CRD program will be implemented in Salem. Action Contemplated Councillor McCarthy Moved Received and Filed Voted The following communication from the Planning Board relative to Visibility at Intersections Report of the Planning Board to City Council Re: Visibility at Intersections April 1, 2022 At its meeting on March 31, 2022, the Planning Board discussed a proposed amendment to the Zoning Ordinance to amend Section 6.8 to increase the distance from an intersection wherein all structures must be 3 feet or shorter from 25 feet to 35 feet, which was referred from the March 15, 2022, joint public hearing with the City Council. The Planning Board voted one (1) in favor (Tom Furey) and seven (Bill Griset, Helen Sides, Sarah Tarbet, Todd Waller, Carole Hamilton, Kirt Rieder, Zach Caunter) opposed to recommend that the City Council adopt the proposed amendment to the Zoning Ordinance, with the following comments: - The amendment should conform with existing language in the Salem Code of Ordinances, Chapter 4 (particularly where political signs are concerned); - The amendment should be compatible with Section 8.2.6.1. (Entrance Corridor Overlay District, Fences); - The amendment should provide clarity on the line of measurement from where height is measured; - The amendment should, if used, provide clarity on the definition of “intersection street lines” - o Clarify that the distance is not measured from the centerline of the road; o Consider if this is intended to be measured from the face of curb; - The Planning Board would like clarification as to what obstructions Council seeks to manage with this ordinance. 23 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS If you have questions regarding this matter, please contact Tom Daniel, AICP, Director of Planning & Community Development, at 978-619-5685. Sincerely, William Griset Chair Action Contemplated Councillor Riccardi Moved Received and Filed Voted Zoning Ordinance Amending Special Regulations Sec. 6.8 Visibility at Intersections An Ordinance to amend the Zoning Ordinance regarding Special Regulations Be it Ordained by the City Council of the City of Salem as follows: Section 1. Section 6.8 Visibility at Intersections of Chapter 6 – Special Regulations is hereby amended by replacing the word twenty-five (25) with thirty-five (35) as follows: “In order to provide unobstructed visibility at intersections, no sign, fence, wall, hedge or other structure or planting of more than three (3) feet above the established street grade shall be erected, placed or maintained within the triangular area formed by the intersection street lines and a straight line joining said street lines at points which are thirty-five (35) feet distant from the point of intersection, measured along said street lines.” Section 2 . This Ordinance shall take effect as provided by City Charter. Councillor Riccardi Moved adoption for first passage by RCV Yeas Nays Abs (2/3 vote needed) OR Refer to the Comm. on Ord. Lic. & Legal Affairs Coposted with Comm. of the Whole 24 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS The following communication from the Planning Board relative to Urban Agriculture Report of the Planning Board to City Council Re: Urban Agriculture Amendment April 1, 2022 At its meeting on March 31, 2022, the Planning Board discussed a proposed amendment to the Zoning Ordinance to address Urban Agriculture, including composting, beekeeping, keeping of domestic fowl, sale of products from urban farms, and more, and amend Section 10, Section 3.1, and Section 3.2.7 of the Zoning Ordinance. This amendment was referred to the Planning Board at the March 15, 2022, joint public hearing with the City Council. The Planning Board voted eight (8) in favor (Bill Griset, Tom Furey, Helen Sides, Sarah Tarbet, Todd Waller, Carole Hamilton, Kirt Rieder, Zach Caunter) and zero (0) opposed to recommend that the City Council adopt the proposed amendment to the Zoning Ordinance, with the changes shown in the attached redline, provided by City’s Health & Wellness Coordinator Kerry Murphy, MS, RDN. If you have questions regarding this matter, please contact Tom Daniel, AICP, Director of Planning & Community Development, at 978-619-5685. Sincerely, William Griset Chair CC: Ilene Simons, City Clerk Action Contemplated Councillor Riccardi Moved Received and Filed Voted 25 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS ZONING ORDINACE AMENDING URBAN AGRICULTURE (see pg 32 for action) An Ordinance to amend an ordinance relative to zoning and urban agriculture. (As submitted – See Redline Version in Back-up Documentation) Be it ordained by the City Council of the City of Salem, as follows: Section I. Section 10 of the Zoning Ordinance is hereby amended by deleting the definitions for Agricultural use, nonexempt; Coop; Customary agricultural, horticultural and floricultural operations; Farm stand, nonexempt; and Urban agriculture in their entirety and inserting the following new definitions: “Agriculture, Urban (Urban Agriculture): An umbrella term that describes a range of accessory food and plant growing practices, either for personal use or for sale as an accessory use, that may include composting, the keeping of domestic fowl and honeybees, but does not include other livestock. Arbor: An accessory Structure consisting of an open frame, freestanding or attached to another structure, with horizontal and/or vertical latticework often used as a support for climbing food or ornamental crops. Coldframe: A Temporary Structure that is an accessory unheated outdoor Structure built close to the ground, no higher than thirty-six inches (36”) typically consisting of, but not limited to, a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from cold weather. Composting: A process of accelerated biodegradation and stabilization of organic material under controlled conditions yielding a product which can safely be used as fertilizer. Coop: An enclosed shelter that houses domestic fowl. Domestic fowl: A breed of bird specialized for meat production and/or egg laying and specifically excluding roosters. Commercial Farm, Exempt (noun): Protected by G.L. c. 40A, § 3- meaning the use of land for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, including those facilities for the sale of produce, wine and dairy products, provided that either during the months of June, July, August and September of each year or during the harvest season of the primary crop raised on land of the owner or lessee, 25 per cent of such products for sale, based on either gross sales dollars or volume, have been produced by the owner or lessee of the land on 26 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS which the facility is located, or at least 25 per cent of such products for sale, based on either gross annual sales or annual volume, have been produced by the owner or lessee of the land on which the facility is located and at least an additional 50 per cent of such products for sale, based upon either gross annual sales or annual volume, have been produced in Massachusetts on land other than that on which the facility is located, used for the primary purpose of commercial agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, whether by the owner or lessee of the land on which the facility is located or by another, except that all such activities shall be limited to parcels of 5 acres or more or to parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture. For the purposes of this definition, the term ''agriculture'' shall be as defined in section 1A of chapter 128, and the term horticulture shall include the growing and keeping of nursery stock and the sale thereof; provided, however, that the terms agriculture, aquaculture, floriculture and horticulture shall not include the growing, cultivation, distribution or dispensation of marijuana as defined in section 2 of chapter 369 of the acts of 2012, marijuana as defined in section 1 of chapter 94C or marijuana or marijuana as defined in section 1 of chapter 94G. Roof Farm: Urban agriculture, on a roof of a principal or accessory structure with the intent to make personal use of or to sell whole, unprocessed produce, honey and/or eggs as an accessory use or, in the case of a commercial use, to be used in products sold on-site. All sales are subject to compliance with local, state and federal regulations. Yard Farm: Urban agriculture on a residential Lot with intent to make personal use of or to sell whole, unprocessed produce, honey and/or eggs as an accessory use. All sales are subject to compliance with local, state and federal regulations including Board of Health soil testing requirements. Farm Stand (Accessory): A Temporary Structure such as a table, stall or tent, operated by a sole vendor for the purpose of selling clean, whole, eggs, or honey, unprocessed produce and plants, all of which must be grown or produced on site. Farm Structures: Includes, but are not limited to, sheds, compost bins, shade pavilions, trellises or other vertical supports for growing crops, and structures used to extend the growing season such as Greenhouses, Hoop houses, Coops, Coldframes and similar structures. Garden, home/yard: An accessory use on a residential lot to grow plants and produce for beautification, recreation, and personal consumption. The garden may be outdoors, in an accessory structure or on the roof of a structure. Sales are prohibited. 27 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS Greenhouse: A Structure primarily constructed of a frame and transparent plastic material, in which temperature and humidity can be controlled for the cultivation or protection of plants or other agricultural products. All greenhouse structures are subject to setback and building code requirements. Honeybee: A common domestic bee, Apis mellifera species. Hoop house: An accessory Temporary Structure typically made of, but not limited to flexible PVC piping or other material covered with translucent plastic, constructed in a “half-round” or “hoop” shape, for the purposes of growing food or ornamental crops. Raised Bed: method of cultivation in which soil is placed over a geotextile barrier, raised and ordinarily formed into three (3) to four (4) foot wide mounds. The soil may be enclosed by a frame generally made of untreated wood. Raised beds are not considered a Structure. Section II. Section 3.1 Table of Principal and Accessory Use Regulations of the Zoning Ordinance is hereby amended by deleting the following uses: within B. EXEMPT AND INSTITUTIONAL USES: Facilities for the sale of produce, and wine and dairy products, provided that during the months of June, July, August, and September of every year, or during the harvest season of the primary crop, the majority of such products for sale, based on either gross sales dollars or volume, have been produced by the owner of the land containing more than five acres in area on which the facility is located and Use of land for the primary purpose of agriculture, horticulture, floriculture, or viticulture on a parcel of more than five acres in area; within , C. COMMERCIAL USES: Agricultural use, nonexempt and Farm stand, nonexempt; and within E ACCESSORY USES: Urban agriculture and Customary agriculture, horticulture and floriculture operation … and inserting the following new uses within the Table: TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS PRINCIPAL USES RC R1 R2 R3 B1 B2 B4 B5 I BPD NRCC B. EXEMPT AND INSTITUTIONAL USES 28 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING Commercial Farm, Y Y Y Y Y Y Y Y Y Y Y Exempt1: E. ACCESSORY USES RC R1 R2 R3 B1 B2 B4 B5 I BPD NRCC Urban Agriculture Y Y Y Y Y Y Y Y Y Y Y (Subject to Section 3.2.7): Garden, home/yard Y Y Y Y Y Y Y Y Y Y Y Section III. Section 3.2 - Accessory Uses of the Zoning Ordinance is hereby amended by deleting Section 3.2.7 Urban Agriculture and Section 3.2.1 Customary Agricultural, Horticultural and Floricultural Operations in their entirety and replacing it with the following: “3.2.7 Urban Agriculture Urban Agriculture is allowed as an Accessory Use in all zoning districts, provided that no Urban Agriculture activity shall be conducted, nor Farm Structure erected, except in compliance herewith and with any other applicable laws, rules regulations including without limitation the building code and any requirements of the Salem Board of Health. . 1. Sale of Products The on-site sale of agricultural products, including whole, unprocessed produce, honey or eggs, is allowed subject to the following provisions: a. Retail sale display areas shall not exceed fifty square feet. b. One Farm Stand is allowed per lot. 1 A Commercial Farm, Exempt operated on a City-owned Lot or by the City on a Lot that is not owned by the City is exempt from the requirement that such use be conducted on parcels of 5 acres or more or parcels 2 acres or more if the sale of products produced from the agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture use on the parcel annually generates at least $1,000 per acre based on gross sales dollars in area not zoned for agriculture, aquaculture, silviculture, horticulture, floriculture or viticulture, so long as the products produced thereon are to be used for the benefit of the community and any revenue from any sales of those products are used for the sole purpose of sustaining the community farm. 29 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING c. No sales display, sign or Structure, including a Farm Stand, shall be located on a public sidewalk or street or block vehicle and/or pedestrian flow. d. Signage shall be limited to one (1) sign and not exceed six (6) square feet; signs shall not be illuminated or require electricity. No off premises signs are allowed. e. All products sold on the Lot must be produced on-site. For purposes of this Ordinance, the term “produced on-site means” grown on the Lot or, in the case of domestic fowl or honey bees produced on the Lot by the animals kept thereon . f. Sales of products shall be permitted between the hours of 7:00 am and 6:00 pm., May 1 to October 31st. Sales shall not be permitted more than three days per week and no more than 25 total days per year. 2. Domestic Fowl a. Domestic fowl must be owned by a resident of the dwelling on the lot who shall be responsible for the care and control of the fowl. b. No roosters shall be kept under an Urban Agricultural use or any other use on lots in Salem. c. Dimensional Regulations i. Maximum Height. 1. Coop. Enclosed Coop space shall not exceed eight (8) feet in height. 2. Run. Runs shall not exceed eight (8) feet in height. ii. Size 1. Coop structures shall meet all building code requirements. Structures exceeding one hundred twenty (120) sq feet or eight (8) feet in height will require building permits and structures with electrical or plumbing shall require appropriate permits. Changes in the building code shall pre-empt this section. 2. Coop. Coop space must allow a minimum of four (4) square feet per fowl and one (1) nest box per three (3) fowl. 3. Run. Runs must allow a minimum of four (4) square feet per fowl. d. Setback Requirements i. No fixed coop or run shall be located nearer than five (5) feet to any principal building, including the principal building on an abutting lot, and no coop or run shall be located nearer than five (5) feet to any side or rear lot line. Side lots in this instance refer to a projected line starting from the front lot line, terminating at the rear lot line parallel five (5) feet from the side lot line. ii. Coops and/or runs are not permitted within 20 feet of a front lot line. iii. Moveable coops (i.e. coops on wheels) and runs are not subject to setback requirements. iv. Any lawfully existing domestic fowl-keeping use or structure in existence prior to the adoption of this Section shall be allowed to continue, as per the zoning code enforcement standards for other pre-existing nonconforming uses and structures. Any 30 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING future alterations to applicable pre-existing uses or structures shall comply with this section or seek necessary approvals. v. Coop structures shall not interfere with any existing public easements. e. Any domestic fowl-keeping use or structure in existence prior to the adoption of this Ordinance shall be allowed to continue, as per the zoning code enforcement standards of other pre-existing nonconforming uses and structures. Any future alterations to applicable pre-existing uses or structures shall seek necessary approvals. 3. Honeybees a. Honeybees must be owned by a resident of the dwelling on the lot who shall be responsible for the care and control of the Honeybees. b. A maximum of two (2) hives may be kept on a Lot with additional hives pending approval from the Salem Board of Health. Additional Board of Health regulations may further limit the number and/or manner of keeping of honeybees on lot. c. Dimensional Regulations i. No Hive shall exceed five (5) feet in height and twenty (20) cubic feet in size on any Lot or roof. d. Setback Requirements i. Where there is a solid wall, fence or similar barrier between the subject property and abutting property, no setback from the property line is required. Where there is no wall, fence or similar barrier between subject property and abutting property, Hives shall be set back five (5) feet from the property line. ii. No Hive shall be located closer than ten (10) feet from the lot line dividing the Lot from a sidewalk or street. e. Hive Placement and Flyways. i. For any ground level Hive that is within twenty (20) feet of the doors and/or windows of the principal building on an abutting Lot, either of the following conditions must exist: ii. The Hive opening must face away from doors and/or windows; or iii. A flyway of at least six (6) feet in height comprising of a lattice fence, dense hedge or similar barrier must be established in front of the opening of the Hive such that the honeybees fly upward and away from neighboring properties. The flyway shall be located within three (3) feet of the entrance to the Hive and shall extend at least two (2) feet in width on either side of the Hive opening. f. Specific Rooftop Beekeeping Requirements. i. Dimensional Regulations. 1. No Hive shall exceed five (5) feet in height and twenty (20) cubic feet in size on any Lot or roof. ii. Setback Requirements 1. Hives shall be set back six (6) feet from the edge of the roof. iii. Hive Placement and Flyways. 1. For any roof level Hive that is within twenty (20) feet of the doors and/or windows of the principal building on an abutting Lot, either of the following conditions must exist: a. The Hive opening must face away from doors and/or windows; or 31 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING b. A flyway of at least six (6) feet in height comprising of a lattice fence, dense hedge or similar barrier must be established in front of the opening of the Hive such that the honeybees upward and away from neighboring properties. The flyway shall be located within three (3) feet of the entrance to the Hive and shall extend at least two (2) feet in width on either side of the Hive opening. 4. Yard Farms a. Yard farms may be kept on residential properties only. b. Ownership, care and control of the farm shall be the responsibility of a resident of the dwelling on the lot. c. Land devoted to the Yard Farm shall be well-maintained and free from debris, noxious odor and excessively tall weeds and grass. d. Yard farms may include Raised Beds, Arbors, Greenhouses, Hoop Houses and Cold Frames as accessory structures subject to applicable setbacks and dimensional regulations. e. All accessory structures shall also be well-maintained in a safe condition. 5. Roof Farms a. Ownership, care and control of the roof farm shall be the responsibility of the owner or tenant of Lot. 6. Farm Structures a. Farm structures such as arbors, greenhouses, hoop houses and cold frames, shall be allowed as accessory structures subject to the following provisions: i. Green houses are allowed within any rear or side yard up to but not closer than five (5) feet from the Lot line. ii. Arbors, hoop houses and cold frames are allowed within any rear or side yard up to but not closer than one (1) foot from the Lot line. iii. Farm Structures shall not exceed a maximum height of 15 feet and cannot be taller than the principal structure on the Lot; the covers shall be removed and stored when plants are not being cultivated or structure is not being used for an urban agricultural use iv. Farm structures, when combined with other buildings on the property, shall not exceed the maximum lot coverage by all buildings listed in the Table of Dimensional Requirements. v. Farm Structures shall not interfere with any existing public easements. 7. Composting a. Composting must be contained within an enclosed bin that does not have direct contact with flammable materials. b. Setback Requirements i. Compost bins, structures and windrows shall be set back five (5) feet from all Lot lines. ii. Compost bins, structures and windrows shall not be located in any portion of a yard area that abuts a Street. 32 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING c. Accessory composting shall be used primarily to support onsite operations and shall comprise no more than five (5%) percent of the Lot area.” Section IV. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved adopted for first passage as amended by RCV (2/3 vote needed) Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. & Legal Affairs Co-posted with the Comm. of the Whole 33 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING PETITIONS Petition from A.L. Prime Energy to keep/store combustible liquids and flammable liquids at 342 Highland Avenue HEARING ORDERED APRIL 28, 2022 A Petition from Comcast to install a Conduit on Margin St. HEARING ORDERED APRIL 28, 2022 A Petition from National Grid to reconstruct a gas pressure regulator station on Appleton St. HEARING ORDERED APRIL 28, 2022 A Petition from Mental Makeover to hold a Walk the World Needs You Here 3 Mile Walk and use of city street July 31, 2022 Action Contemplated Councillor Watson-Felt Moved Granted Voted A request from residents of Cedarcrest Ave to hold a block party on July 23, 2022 from 2:00 PM to 10:00 PM with a rain date of July 24, 2022. Action Contemplated Councillor Varela Moved Granted Voted 34 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING PETITIONS The Following License Applications: PUBLIC GUIDES: James Harrison 201 Central St., Georgetown Samantha Page 22 Fowler St., Salem David Tullis 14 Fowler St., Salem Olivia Giroux-Galpin 15 Orne St., N. Attleboro Lara Jay Fury 126 Federal St., Salem Adrianna Neefus 1 Daniels St. Ct., Salem Rydia Q Vielehr 30 Franklin St., Malden Jeannine O’Clancy 98 Summit St., Weymouth William Page 9 Pickering Way, Salem Brian Keady 34 Clement St., Salem Joyce Harrington 50 Freedom Hollow, Salem Mary Raker 2 Hall Pond Rd., Boylston Action Contemplated Councillor Riccardi Moved Granted Voted The Following Contract Operator/Drainlayer Licenses: Danella Line Services 37 Ayre Rd., Littleton EKB Equipment LLC 166 Eastern Ave., Essex Landmark Utilities Site Excavation 134 Centre St., Danvers Palladino Excavating Corp. 134 Centre St., Danvers Action Contemplated Councillor Riccardi Moved Granted Voted 35 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING PETITIONS The Following Claims: Eric Olson 1 High Ave., Salem Esam Abdelgadir 48 Clark St., Salem Sheida Serafat 320 Lafayette St., Salem Shyla Smith 216 Canal St., Salem Action Contemplated Councillor Riccardi Moved referred to the Comm. on Voted Ord., Lic. & Legal Affairs The Following Bonds: DRAINLAYER: Danella Line Services 37 Ayre Rd., Littleton Landmark Utilities Site Excavation 134 Centre St., Danvers Action Contemplated Councillor Riccardi Refer to Comm. on Ord., Lic. & Legal Affairs and returned approved Voted 36 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING UNFINISHED BUSINESS Second Passage of a Zoning Ordinance Amending Buffer Zones for Marijuana Establishments In the year Two Thousand and Twenty-Two An Ordinance to amend the zoning ordinance regarding buffer zones relative to marijuana establishments. Section 1. Section 6.10.6 of the Code of Zoning Ordinances is amended by replacing (5) in its entirety with the following: “5. Pursuant to M.G.L.A. c. 94G, § 5(b)(3), a marijuana establishment shall not be located within five hundred (500) feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12.” Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved adoption for second and final passage by RCV (2/3 vote required) Yeas Nays Abs Second Passage of an ordinance to amend an ordinance relative to traffic Chapter 42, Sec. 75A – Parking Prohibitions towing zone (October resident parking) In the year Two Thousand and Twenty-Two An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 75A – Parking prohibitions towing zone (October resident parking) of Article V-A is hereby amended by deleting the following streets from Section A - Temporary October Resident Permit Parking: Becket Avenue, Bridge Street from Howard Street to Webb Street, Cabot Street from Cedar Street to Gardner Street, Cross Street from Saunders Street to Lemon Street, Derby Street from Palfrey Court to Fort Avenue, Essex Street from Flint Street to Monroe Street, Hawthorne Boulevard on the westerly side of the two-way section, 37 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING UNFINISHED BUSINESS Leavitt Street from Lafayette Street to Congress Street, Palmer Street from Lafayette Street to Congress Street And inserting the following streets: Barton Place, Beacon Street, Bridge Street from Howard Street to Beacon Street, Broad Street from Dalton Parkway to Jackson Street, Cabot Street from Cedar Street to Hancock Street, Conant Street, Cross Street, Cross Street Court, Dalton Parkway even side only (14-18 Dalton Pkwy), Derby Street from Webb Street to Fort Avenue, Essex Street from Boston Street to Monroe Street, Fowler Street, Gardner Street, Hancock Street from Cabot Street to Lafayette Street, Harrington Court, Leavitt Street from Lafayette Street to Perkins Street, North Pine Street, Palmer Street, Pearl Street, Perkins Street, Pingree Street, Prince Street Place, Saunders Street, South Pine Street, Warner Street Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved adoption for second and final passage Voted Second Passage of the following 3 traffic ordinances to repeal Handicap Parking spaces from certain streets: In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended as follows: REPEAL – Boardman Street – in front of #27 Boardman Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. -------------------------------------------------------------------------------------------------------------- 38 CITY OF SALEM APRIL 14, 2022 REGULAR MEETING UNFINISHED BUSINESS In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended as follows: REPEAL – Lafayette Street – in front of #292 Lafayette Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. --------------------------------------------------------------------------------------------------------------------- In the year Two Thousand and Twenty-two An Ordinance to amend an Ordinance relative to Traffic – Handicap Parking Be it Ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 42, Section 50B – “Handicap Parking – Time Limited” is hereby amended as follows: REPEAL – Lynde Street – in front of #10 Lynde Street for a distance of twenty (20) feet Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Riccardi Moved adoption for second and final passage Voted On the motion of Councillor the meeting adjourned at P.M.

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