City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting in-person on Thursday, June 9, 2022, at 7:00 P.M. in the Council Chambers, 93 Washington Street, 2 nd 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/83297950537?pwd=S3dMenRJK0VWeFpWTXdQRWZESTY4QT09 Password: 471558 Go to the website link: https://zoom.us/join. Enter meeting/webinar ID# 832 9795 0537 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#: 832 9795 0537and 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.”  CITY OF SALEM 2 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING A Regular Meeting of the City Council held in the Council Chamber on Thursday, June 9, 2022 at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on June 7, 2022 at 3:11 P.M. This meeting is being taped and is live on S.A.T.V. Absent were: 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.  CITY OF SALEM 3 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING HEARINGS NONE  CITY OF SALEM 4 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Mayor’s appointment of Ariana Lema-Driscoll of 30 Celestial Way to the Beautification Committee with a term to expire June 9, 2025. Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor Hapworth Held Under the Rules Voted ______________________________________________________________________________ Mayor’s re-appointment of J. Michael Sullivan of 10 Lee St. to the Design Review Board with a term to expire June 11, 2025. Action Contemplated Councillor Riccardi Confirmation by RCV Yea Nay Abs  CITY OF SALEM 5 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Two Hundred Forty-Six Thousand Four Hundred Twenty-Seven Dollars and Eighteen Cents ($246,427.18) is hereby appropriated and transferred from the “General Fund Balance Reserved for Appropriation – Free Cash” account (1-3245) to the Transit Enhancement Fund as provided in the Cannabis Host Agreements as received to date in Fiscal Year 2022 in accordance with the recommendation of Her Honor the Mayor. Description Amount Transit Enhancement Fund (1%) $246,427.18 $246,427.18 Councillor Suspension of the Rules Councillor Objection Action Contemplated Councillor McCarthy Moved Adoption OR Refer to Voted Comm. on Administration & Finance under the rules ORDERED: That the sum of Five Thousand, One-Hundred Twenty-Five Dollars ($5,125.00) is hereby appropriated in the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113- 5146) to be expended for the sick leave buybacks to be paid out for active employees pursuant to collective bargaining agreements with various unions in accordance with the recommendation of Her Honor the Mayor. Councillor suspension of the rules Councillor Object Action Contemplated Councillor McCarthy Moved Adoption OR Refer to Voted Comm. on Administration & Finance under the rules  CITY OF SALEM 6 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM THE MAYOR The following letter from Mayor Driscoll requesting a Committee of the Whole Meeting relative to the Proposed Offshore Wind facility Honorable Salem City Council Salem City Hall Salem, Massachusetts 01970 Ladies and Gentlemen of the City Council: I am writing to request the City Council schedule a Committee of the Whole meeting in order to receive a presentation from the team developing the proposed offshore wind marshalling facility on Salem Harbor. Sincerely, Kimberley Driscoll Mayor City of Salem CC: Seth Lattrell, Harbor Planner/Port Deputy Bill McHugh, Salem Harbormasters Action Contemplated Councillor Morsillo Moved Adopted Voted _____________________________________________________________________________  CITY OF SALEM 7 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  CITY OF SALEM 8 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING MOTIONS, ORDERS, AND RESOLUTIONS Councillor Hapworth ORDERED: That the City Council reappoint Deb Greel to the Community Preservation Committee with a term to expire on May 23, 2024 be confirmed by a roll call vote Action Contemplated Councillor Hapworth Confirmation by RCV Yea Nay Abs Councillor Hapworth ORDERED: That the City Council reappoint Curtis Dragon to the Tree Commission with a term to expire on June 27, 2025 be confirmed by a roll call vote Action Contemplated Councillor Hapworth Confirmation by RCV Yea Nay Abs  CITY OF SALEM 9 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORTS Councillor Riccardi offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Resolution to file and accept Grants with and from the Commonwealth of Massachusetts, Executive Office of Energy and Environmental Affairs for the Land and Water Conservation Fund Grant Program for Improvements to the Forest River Park for the Forest River Outdoor Recreation & Nature Center. (Action unknown meeting held after Agenda Deadline.) Accept the Report Voted Adopt the Recommendation Voted COUNCILLOR Riccardi offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the whole to whom was referred the matter of an Ordinance amending Rates of Use for Water has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted ______________________________________________________________________________ COUNCILLOR Riccardi offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the whole to whom was referred the matter of an Ordinance amending Rates of Use for Sewer has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted ______________________________________________________________________________ COUNCILLOR Riccardi offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the whole to whom was referred the matter of an Ordinance amending Solid Waste Rates has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted ______________________________________________________________________________  CITY OF SALEM 10 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORTS COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the following Bond Order in the amount of $5,745,000.00 for Fiscal Year 2023 General Fund Capital Improvement Program in accordance with MGL Ch. 44, has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the following Bond Order in the amount of $3,600,000.00 for Fiscal Year 2023 Water/Sewer Capital Improvement Program in accordance with MGL Chapter 44, Section 7 & 8 has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted ______________________________________________________________________________ COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the appropriation in the amount of $405,000.00 from Retained Earnings from the Water/Sewer Funds to Capital Improvement Funds (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted ______________________________________________________________________________ COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom was referred the matter of the FY2023 List of Revolving Funds pursuant to MGL Ch. 44 Sec. 53E1/2 Accept the report Voted Adopt the recommendation Voted  CITY OF SALEM 11 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE - BUDGET COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the whole to whom was referred the matter of an appropriation of $3,078,020.00 for FY ST Capital Improvement Plan has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with the Committee of the whole to whom was referred the matter of Fiscal Year 2023 Proposed Five Year CIP 2023 – 2027, has considered said matter and would recommend (action unknown meeting took place after agenda deadline) Accept the report Voted Adopt the recommendation Voted COUNCILLOR McCarthy offered the following report for the Committee on Administration and Finance co-posted with Committee of the Whole to whom was referred the matter of Fiscal Year 2023 Accept the report Voted Mayor’s departmental budget for Fiscal Year 2023 Personnel $447,477.00 Non Personnel Expenses $196,200.00 Total $643,677.00 Voted City Council departmental budget for Fiscal Year 2023 Personnel $170,700.00 Non Personnel Expenses $61,350.00 Total $232,050.00 Voted  CITY OF SALEM 12 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET City Clerk departmental budget for Fiscal Year 2023 Personnel $333,054.00 Non Personnel Expenses 11,450.00 Total $344,504.00 Voted Elections & Registration departmental budget for Fiscal Year 2023 Personnel $208,879.00 Non Personnel Expenses $ 43,800.00 Total $252,679.00 Voted Assessing departmental budget for Fiscal Year 2023 Personnel $351,052.00 Non Personnel Expenses $57,415.00 Total $408,467.00 Voted Collector departmental budget for Fiscal Year 2023 Personnel $253,791.00 Non Personnel Expenses $8,300.00 Total $262,091.00 Voted Finance Department budget for Fiscal Year 2023 Personnel $368,762.00 Non Personnel Expenses $59,215.00 Total $427,977.00 Voted  CITY OF SALEM 13 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET Purchasing Departmental budget for Fiscal Year 2023 Personnel $176,346.00 Non Personnel Expenses $ 25,264.00 Total $201,610.00 Fixed Costs $39,181.00 Total $240,791.00 Voted Treasurer Departmental budget for Fiscal Year 2023 Treasurer Personnel $277,271.00 Non Personnel Expenses $173,673.00 Total $450,944.00 Debt Service Expenses $7,744,556.49 Short Term Debt. $557,102.51 Essex NS Agricultural & $2,599,910.00 Technical School State Assessment Expenses $9,749,456.00 Contributory Retirement Non- Personnel Services $14,429,326.00 Non-Contributory Retirement $10,625.00 Non-Personnel Services Medicare Non-Personnel Services $1,304,315.00 Municipal Insurance Non-Personnel Expenses $373,500.00 Total $37,219,735.00 Voted  CITY OF SALEM 14 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET Parking Department budget for Fiscal Year 2023 Personnel $1,099,480.00 Non Personnel Expenses $ 463,135.00 Total $1,562,615.00 Voted Informational Technology Services (ITS) departmental budget for Fiscal Year 2023 Personnel $860,507.00 Non Personnel Expenses $16,000.00 Total $876,507.00 Fixed Costs $869,400.00 Total $1,745,907.00 Voted ______________________________________________________________________________ Solicitor – Licensing Departmental budget for Fiscal Year 2023 Personnel $467,040.00 Non Personnel Expenses $79,600.00 Total $546,640.00 Voted  CITY OF SALEM 15 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET Human Resources Departmental budget for Fiscal Year 2023 Personnel $538,894.00 Non Personnel Expenses $31,800.00 Total $570,694.00 Workmen’s Comp-Non-Personnel $539,730.00 Unemployment Comp-Non-Personnel $250,000.00 Group Insurance-Non-Personnel $16,482,273.00 Total $17,842,697.00 Voted Fire Departmental budget for Fiscal Year 2023 Original Personnel $9,327,343.00 Non Personnel Expenses $ 545,931.00 Total $9,873,274.00 as amended Personnel $9,327,343.00 Non Personnel Expenses $519,243.00 Total $9,846,586.00 Voted Police Departmental budget for Fiscal Year 2023 Personnel $10,878,626.00 Non Personnel Expenses $933,720.00 Total $11,812,346.00 Voted Harbormaster Departmental budget for Fiscal Year 2023 Personnel $368,382.00 Non Personnel Expenses $46,725.00 Total $415,107.00 Voted  CITY OF SALEM 16 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET Public Property/ Building/Plumbing/Gas Inspections departmental budget for Fiscal Year 2023 Inspectional Services Building, Plumbing, Gas Inspector Personnel $755,628.00 Non Personnel Expenses $48,784.00 Total $804,412.00 Zoning Board of Appeals Non-Personnel Expenses $1,200.00 Public Property Fixed Costs $706,362.00 Total $1,511,974.00 Voted Health Departmental budget for Fiscal Year 2023 Personnel $595,125.00 Non Personnel Expenses $91,639.00 Total $686,764.00 Voted Electrical Departmental budget for Fiscal Year 2023 Personnel $415,670.00 Non Personnel Expenses $439,397.00 Total $855,067.00 Voted  CITY OF SALEM 17 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET Planning Departmental budget for Fiscal Year 2023 Personnel $640,286.00 Non Personnel Expenses $ 82,570.00 Total $722,856.00 Conservation Commission Personnel $29,575.00 Non Personnel Expenses $ 1,413.00 Total $30,988.00 Planning Board Personnel $32,996.00 Non Personnel Expenses $3,730.00 Total $36,726.00 Market & Tourist Commission Non Personnel Expenses $312,050.00 Historical Commission Personnel $32,724.00 Non Personnel Expenses $ 1,020.00 Total $33,744.00 TOTAL $1,136,364.00 Voted Resiliency and Sustainability Departmental budget for Fiscal Year 2023 Personnel $210,957.00 Non Personnel Expenses $ 16,700.00 Total $227,657.00 Voted  CITY OF SALEM 18 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET Public Services Departmental budget for Fiscal Year 2023 Public Services Personnel $1,958,474.00 Non Personnel Expenses $1,719,800.00 Total $3,678,274.00 Snow & Ice Personnel $50,000.00 Non Personnel Expenses $408,935.00 Total $458,935.00 TOTAL $4,137,209.00 Voted Engineering Departmental budget for Fiscal Year 2023 Engineering Personnel $158,461.00 Non Personnel Expenses $26,000.00 Total $184,461.00 Voted Recreation & Community Services Departmental budget for Fiscal Year 2023 Recreation Personnel $419,057.00 Non Personnel Expenses $401,150.00 Total $820,207.00 Golf Course Personnel $378,521.00 Non Personnel Expenses $239,563.00 Total $618,084.00 Witch House Personnel $181,322.00 Non Personnel Expenses $95,680.00 Total $277,002.00 Cont’d Next Page  CITY OF SALEM 19 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET Pioneer Village Non Personnel Expenses $26,900.00 Winter Island Personnel $212,433.00 Non Personnel Expenses $ 83,850.00 Total $296,283.00 Charter Street Personnel $137,504.00 Non Personnel Expenses $ 44,900.00 Total $182,404.00 Total $2,220,880.00 Voted Council on Aging Departmental budget for Fiscal Year 2023 Personnel $515,562.00 Non Personnel Expenses $105,500.00 Total $621,062.00 Voted Library Departmental budget for Fiscal Year 2023 Personnel $1,110,342.00 Non Personnel Expenses $372,571.00 Total $1,482,913.00 Voted Veterans Services Departmental budget for Fiscal Year 2023 Personnel $135,842.00 Non Personnel Expenses $410,800.00 Total $546,642.00 Voted ____________________________________________________________________________  CITY OF SALEM 20 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET School Departmental budget for Fiscal Year 2023 Administrative & Expenses Total $68,747,963.00 Voted Budget Transfers out of General Fund for Fiscal Year 2023 Total $650,000.00 Voted TOTAL GENERAL FUND for FISCAL YEAR 2023 (Original) Total $166,839,513.00 AMENDED TOTAL $166,812,825.00 Voted SEWER ENTERPRISE FUND for Fiscal Year 2023 Public Services Sewer Personnel $513,053.16 Expenses $182,295.00 Total $695,348.16 Engineer - Sewer Personnel $202,075.67 Non Personnel Expenses $755,450.00 Total $957,525.67 Treasurer Debt Services $1,853,792.63 Short Term Debt Services $43,149.83 Continued Next Page  CITY OF SALEM 21 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET CONTINUED - SEWER ENTERPRISE FUND for Fiscal Year 2023 Sewer Assessment SESD $4,793,506.71 Insurance Deductibles $5,000.00 Total Sewer Enterprise: Personnel $715,128.83 Non Personnel Expenses $7,633,194.17 $8,348,323.00 TOTAL SEWER ENTERPRISE FUND: $8,348,323.00 Moved Approval by Roll Call Vote YEAS NAYS ABS C. Moved for immediate reconsideration in the hopes it does not prevail WATER ENTERPRISE FUND for Fiscal Year 2023 Public Services Water Personnel $568,053.11 Non Personnel Expenses $183,525.00 Total $751,578.11 Engineering - Water Personnel $202,585.53 Non Personnel Expenses $597,050.00 Total $799,635.53 Treasurer - Water Water Long Term Debt $2,249,592.80 Water Short Term Debt $26,650.56 Salem Beverly Water Board Assessment $2,906,306.00 Insurance Deductible $2,500.00 Continued Next Page  CITY OF SALEM 22 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET CONTINUED – WATER ENTERPRISE FUND for Fiscal Year 2023 Total Water Enterprise: Personnel $ 770,638.64 Non Personnel Expenses $5,965,624.36 $6,736,263.00 TOTAL WATER ENTERPRISE FUND: $6,736,263.00 Moved Approval by Roll Call Vote YEAS NAYS ABS C. Moved for immediate reconsideration in the hopes it does not prevail - Denied TRASH ENTERPRISE FUND for Fiscal Year 2023 Engineering -Trash Enterprise Personnel $81,063.00 Non personnel Expenses $3,940,535.00 Total $4,021,598.00 TOTAL TRASH ENTERPRISE FUND: $4,021,598.00 Moved Approval by Roll Call Vote YEAS NAYS ABS C. Moved for immediate reconsideration in the hopes it does not prevail - Denied ______________________________________________________________________________  CITY OF SALEM 23 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMITTEE REPORT ADMINISTRATION AND FINANCE– BUDGET PEG ACCESS ENTERPRISE FUND for Fiscal Year 2023 TOTAL PEG ACCESS ENTERPRISE FUND: $691,250.00 Moved Approval by Roll Call Vote YEAS NAYS ABS C. Moved for immediate reconsideration in the hopes it does not prevail - Denied ______________________________________________________________________________ TOTAL ENTERPRISE FUNDS for Fiscal Year 2023 Personnel $1,566,830.47 Non-Personnel $18,230,603.53 $19,797,434.00 TOTAL $19,797,434.00 Voted TOTAL OPERATING BUDGET FOR FISCAL YEAR 2023: (original) $186,636,947.00 AMENDED $186,610,259.00 Moved for Adoption by Roll Call Vote YEAS NAYS ABS C. Moved for immediate reconsideration in the hopes it does not prevail – Denied  CITY OF SALEM 24 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS The following Order was submitted by the City Solicitor: Ordered: The Salem City Council has determined, upon the advice of the City Solicitor, that Restaurant Row is not a properly accepted city street. A City Council Order adopted June 27, 1996 accepting Restaurant Row as a public street was not adopted in accordance with City Ordinance and Massachusetts General Laws. The City Clerk is hereby directed to correct the Salem Street Directory to identify Restaurant Row as a street not accepted by the City. Action Contemplated Councillor McCarthy Moved Adoption by RCV Yea Nay Abs The Home Rule Petition submitted by Cathy Hoog The Executive Director of the Salem Housing Authority relative to Bidding Requirements for a Certain Affordable Housing Project in the City of Salem for Lee Fort Terrace (See Back up for Complete Order) Action Contemplated Councillor Riccardi Moved Adoption by RCV Yea Nay Abs OR Refer to the Comm. of Ord., Lic. & Legal Affairs  CITY OF SALEM 25 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING PETITIONS Request from the Residents on Cheval Ave. to hold a block party on July 4, 2022, from 4:00 P.M. to 8:00 P.M with a rain date of July 3, 2022 Action Contemplated Councillor McCarthy Moved Granted Voted Request from the Residents on Buffum St. to hold a block party on July 9, 2022, from 4:00 P.M. to 11:00 P.M with a rain date of July 16, 2022 Action Contemplated Councillor Riccardi Moved Granted Voted ______________________________________________________________________________ Request from the Residents on Orchard St. to hold a block party on September 10, 2022, from 3:00 P.M. to 10:00 P.M with no rain date Action Contemplated Councillor Riccardi Moved Granted Voted Request from Doreen Wade, Salem United Inc., requesting that Restaurant Row, within the Willows Park, be renamed to Black King Pompey Drive Action Contemplated Councillor McCarthy Moved referred to the Park & Rec. Commission Voted  CITY OF SALEM 26 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING PETITIONS The Following License Applications: PUBLIC GUIDES: Rita Parisi 43 Merrimac St., Amesbury Tova Ueland 37 Lake View Ave., Lynn SECOND HAND VALUABLES: ecoATM 450 Highland Ave. (inside Walmart), Salem Action Contemplated Councillor Riccardi Moved Granted Voted The Following Drainlayer / Contract Operator License Applications DRAINLAYERS: Bartlett and Steadman 67R Village St., Marblehead L.D. Russo, Inc 198 Ayer Rd., Harvard Action Contemplated Councillor Riccardi Moved Granted Voted The Following Claims: Peck PLLC Atty at Law for Donald Pelletier 10 Post Office Sq, Boston Linda Huynh 141 Highland Ave., Salem Kenneth Chiarello 81 Washington St., Salem, MA Action Contemplated Councillor Riccardi Moved Referred to Comm. on Ord., Licenses & Voted Legal Affairs  CITY OF SALEM 27 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING PETITIONS The Following Bonds: DRAINLAYER: Bartlett and Steadman 67R Village St., Marblehead Action Contemplated Councillor Riccardi Moved Referred to Comm. on Ord., Licenses & Voted Legal Affairs and returned Approved  CITY OF SALEM 28 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Second Passage of a Traffic Ordinance Amending Traffic relative to Handicap Zones In the Year Two Thousand and Twenty-Two An Ordinance to amend an Ordinance relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section I. Chapter 42 Section 50B – Handicap Zones, Limited Time shall be amended by adding: Riverview Street – One Handicap Parking space to be added on Riverview Street. The space will begin approximately 63 feet from Loring Avenue, running for twenty (20) feet Section II. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Varela Moved Adoption for second passage Voted Second Passage of an Ordinance amending Ch. 14 – Business Licenses and Fees Article VIII Sustainable Food Containers and Packaging In the year Two Thousand and Twenty-Two An Ordinance to amend an Ordinance relative to Sustainable Food Ware and Packaging Be it ordained by the City Council of the City of Salem as follows: Section I. Chapter 14 Business Licenses and Fees is hereby amended by adding the following new Article: “Article VIII. Sustainable Food Containers and Packaging Sec. 14-510. Purpose; findings; scope. Whereas, the City has a duty to protect the health of its citizens and the natural environment; Whereas, Styrofoam is the brand name for polystyrene (Dow Chemical Co.), a synthetic plastic that biodegrades so slowly (hundreds of years) it is considered to be non-biodegradable;  CITY OF SALEM 29 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS Whereas, styrene, the key ingredient in expanded polystyrene, was recently added to the National Toxicology Program’s list of carcinogens (U.S. Depart. of Health and Human Services). Styrene can leach from polystyrene containers into food and beverages. It has become a major component of plastic debris in the ocean and animals often mistake it for food. It is also hazardous to marine life, transferring toxic chemicals to the food chain; Whereas, expanded polystyrene containers are not part of the City’s regular recycling program; Whereas, appropriate alternative products are readily available from vendors and are already being used by many of our businesses; and Whereas, the elimination of trash on the ocean floor and floating in the water is our collective responsibility as stewards of Salem’s coastline and ocean waters; Now therefore, the City Council finds that the prohibition on the use of foam polystyrene food and packaging containers by food service establishments and the sale of these products by retail businesses in the City of Salem is a public purpose that protects the public health, welfare and environment, advances solid waste reduction, protects waterways and aids the City in its fight against climate change. Sec. 14-511. Definitions. The following words shall, unless the context clearly requires otherwise, have the following meanings: COMPOSTABLE — Bioplastic materials certified to meet the American Society for Testing and Materials International Standards D6400 or D6868, as those standards may be amended. ASTM D6400 is the specification for plastics designed for compostability in municipal or industrial aerobic composting facilities. D6868 is the specification for aerobic compostability of plastics used as coatings on a compostable substrate. Compostable materials shall also include products that conform to ASTM or other third party standards (such as Vincotte) for home composting. Any compostable product must be clearly labeled with the applicable standard on the product. DISPOSABLE FOOD CONTAINER — All food and beverage containers, bowls, plates, trays, cartons, cups, designed for one-time or nondurable uses on or in which any food vendor directly places or packages prepared foods on the food provider's premises or which are used to consume foods. This includes, but is not limited to, food service ware for takeout foods and leftover food from partially consumed meals prepared at food establishments, including hospitals, food trucks, grocery stores, institutional food service, temporary food vendors. FOAM POLYSTYRENE — A nonbiodegradable petrochemical thermoplastic made from aerated forms of polystyrene and includes several methods of manufacture. Expanded polystyrene (EPS) or extruded polystyrene (XPS) are forms of polystyrene "Styrofoam" is a Dow Chemical Co. trademarked form of extruded polystyrene and is commonly used to refer to foam polystyrene. These are generally used to make insulated cups, bowls, trays, clamshell containers, meat trays, foam packing materials and egg cartons. The products are sometimes recognized by a No. 6 resin code on the bottom.  CITY OF SALEM 30 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS FOOD ESTABLISHMENT — A business or governmental establishment that stores, prepares, packages, serves, vends, or otherwise provides food for consumption, including but not limited to any establishment requiring a permit to operate in accordance with the state food code. PREPARED FOOD — Any food or beverage packaged or prepared for consumption on the food provider's premises, using any cooking or food preparation technique or provided for further food preparation. RECYCLE — Refers to material that can be sorted, cleansed, and reconstituted using Salem’s curbside municipal collection programs for the purpose of using the altered form in the manufacture of a new product. "Recycling" does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. RETAIL ESTABLISHMENT — A business establishment engaged in the retail sale of goods directly to consumers. REUSABLE — Refers to products that will be used more than once in its same form by a food establishment. Reusable food service ware includes tableware, flatware, food or beverage containers, packages or trays, such as, but not limited to, soft drink bottles and milk containers that are designed to be returned to the distributor. Sec. 14-512. Prohibited use and distribution of food ware and packaging. A. Food establishments are prohibited from dispensing food or beverages to any person in disposable food containers made from foam polystyrene (Styrofoam). B. All food establishments are strongly encouraged to use reusable food service ware in place of using disposable food service ware for all food served on the premises. Food establishments using any disposable food service ware are strongly encouraged to use biodegradable, compostable, reusable or recyclable food service ware. C. Retail establishments are prohibited from selling or distributing disposable food and beverage containers made from foam polystyrene (Styrofoam) to customers, e.g. coolers, cups, and plates. Sec. 14-513. Enforcement; violations and penalties. A. Fine. Any food or retail establishment which violates any provision of this article or any regulation established by the Board of Health shall be liable for a fine as follows: first offense, warning; second offense, $100; and subsequent offenses, $100. Each day a violation continues shall constitute a separate offense. B. Whoever violates any provision of this article or any regulation established by the Board of Health, which may include an exemption of the provisions of this Ordinance for no more than one year if the Board finds the business has demonstrated that strict application of the specific requirement would cause undue hardship, may be penalized by a noncriminal disposition as provided in MGL c. 40.  CITY OF SALEM 31 JUNE 9, 2022 CITY COUNCIL REGULAR MEETING UNFINISHED BUSINESS C. This article shall be enforced by the Health Agent or their designee. Sec. 14-514. Severability. Each separate provision of this article shall be deemed independent of all other provisions herein, and if any provision of this article be declared to be invalid by a court of competent jurisdiction, the remaining provisions of this article shall remain valid and enforceable. Sec. 14-515. Effective date. This article shall take effect one year after first passage.” Section II. This ordinance shall take effect one year after first passage. Action Contemplated Councillor Varela Moved Adoption for second passage Voted On the motion of Councillor the meeting adjourned at P.M.