City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall January 10, 2023 MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting in person and via remote participation in accordance with Chapter 107 of the Act of 2022 on January 12, 2023, 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/81210993280?pwd=RUkvY1V2YW9xYkhLM01mK3NiN3BWQT09 Password: 136638 Go to the website link https://zoom.us/join. Enter Webinar ID: 812 1099 3280 followed by the meeting password noted above in necessary. Or by 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#: 812 1099 3280 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 JANUARY 12, 2023 REGULAR MEETING A Regular Meeting of the City Council was held in-person and remotely via zoom on Thursday, January 12, 2023, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 10, 2023, at 11:34 A.M. This meeting is being recorded and is live on S.A.T.V. Councillors absent: Council President Stott presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Stott 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. Emails nor phone calls will be accepted anymore. How to Sign Up: You may participate in Public Testimony remotely or in-person or the Council President may read your comment into the record. You may sign up to speak using the following two (2) methods: 1. On-line form by using the link below: https://records.salem.com/Forms/PublicMeetingSpeaker This form is available beginning 6:30 P.M. on the Tuesday before the Thursday meeting and remains open until 6:30 P.M. on the day of the Council Meeting. This form requires information such as your name, address, subject matter, etc. 2. You may also sign the roster in the City Clerk’s Office, Room #1 no later than 6:30 P.M. on the date of the meeting.  3 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING HEARINGS Order National Grid to install 1 JO Pole on Pope St. (change of location) APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor: McClain Moved to close the Public Hearing Voted Councillor McClain Moved Adopted by RCV Yea Nay Abs  4 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s Appointment of James Danforth to serve as a Constable with the term to expire on February 1, 2026. Action Contemplated Councillor Morsillo Moved Received and Filed Voted The Mayor’s Appointment of James Barina to serve as a Constable with the term to expire on February 1, 2026. Action Contemplated Councillor Morsillo Moved Received and Filed Voted  5 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR That the sum of Five Thousand, Two Hundred Fifty-Five Dollars and Fifteen Cents ($5,255.15) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2023 buyback(s) listed below in accordance with the recommendation of His Honor the Mayor. Name Department Amount Kathleen McMahon Treasurer $ 1,194.58 Victoria Caldwell Solicitor’s Office $ 4,060.57 $ 5,255.15 Councillor McClain Suspension of the Rules Councillor Objection Action Contemplated Councillor McClain Refer to the Comm. on Admin. & Finance under the rules Voted OR Moved Adoption ORDERED: To accept the donation of Three Thousand Dollars ($3,000.00) from Kristopher Olson. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061-4830) for a Classic Series Bench at Salem Common or within Historic District in accordance with the recommendation of His Honor the Mayor. Councillor McClain Suspension of the Rules Councillor Objection Action Contemplated Councillor McClain Refer to the Comm. on Admin. & Finance under the rules Voted OR Moved Adoption  6 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: To accept the donation of One Thousand Two Hundred Dollars ($1,200.00) from Christian Boyde. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061-4830) for a Classic Series Bench at Salem Common or within Historic District in accordance with the recommendation of His Honor the Mayor. Councillor McClain Suspension of the Rules Councillor Objection Action Contemplated Councillor McClain Refer to the Comm. on Admin. & Finance under the rules Voted OR Moved Adoption ORDERED: To accept the donation of One Thousand Two Hundred Dollars ($1,200.00) from Justin Zinkowski. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061-4830) for a Classic Series Bench at Salem Common or within Historic District in accordance with the recommendation of His Honor the Mayor. Councillor McClain Suspension of the Rules Councillor Objection Action Contemplated Councillor McClain Refer to the Comm. on Admin. & Finance under the rules Voted OR Moved Adoption ORDERED: To accept the donation of One Thousand Dollars ($1,000.00) from Salem Firefighters Local 172. The donation is to be deposited into the Veterans Donation Fund 2406 (24061-4830) in accordance with the recommendation of His Honor the Mayor. Councillor McClain Suspension of the Rules Councillor Objection Action Contemplated Councillor McClain Refer to the Comm. on Admin. & Finance under the rules Voted OR Moved Adoption  7 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Ordered: Pursuant to Chapter 269 of the Acts of 2022, the Salem City Council hereby approves a five percent cost of living adjustment on the base amount of Salem retirees’ pension specified in G.L. c. 32, §103. Action Contemplated Councillor McClain Refer to the Comm. on Admin. & Finance under the rules Voted OR Moved Adoption by RCV Yeas Nays Abs Ordered: That a petition to the General Court, accompanied by a bill as set forth below, be filed with an attested copy of this Order be, and hereby is, approved under Clause (1) of Section 8 of Article 2, as amended, of the Amendments to the Constitution of the Commonwealth of Massachusetts, to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to intent of this home rule petition: AN ACT PROVIDING FOR PAYMENTS IN LIEU OF TAXES BY THE SOUTH ESSEX SEWERAGE DISTRICT IN THE CITY OF SALEM. Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows: SECTION 1. Section 7 of chapter 339 of the acts of 1925 is hereby amended by striking out the second paragraph, added by chapter 116 of the acts of 1993, and inserting in place thereof the following paragraph: - Said district shall pay to the city of Salem an annual payment in lieu of taxes for all lands, facilities and other property of said district within said city in accordance with the following schedule: on July first, two thousand twenty-three the sum of six hundred thousand dollars; on July first, two thousand twenty-four the sum of seven hundred thousand dollars; on July first, two thousand twenty-five the sum of eight hundred thousand dollars; on July first, two thousand twenty-six the sum of nine hundred thousand dollars; on July first, two thousand twenty-seven the sum of one million dollars. Thereafter, on July first, commencing in two thousand twenty-eight, the annual payment in lieu of tax payment to the city of Salem shall increase by the prior year’s  8 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR average increase in the Consumer Price Index for All Urban Consumers in the Boston area, but in no event less than two percent over and above the prior year payment. Such annual payments shall be assessed by the district against, and such assessment shall be paid by, all members of the district with the exception of the city of Salem, such payments to be apportioned among such members in the same ration as the yearly flow of sewage each such member bears to the yearly combined flow of sewage of the district. SECTION 2. This act shall take effect as of the first day of July, two thousand twenty- three. Action Contemplated Councillor McClain Refer to the Comm. on Admin. & Finance under the rules Voted OR Moved Adoption by RCV Yeas Nays Abs  9 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  10 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor McClain ORDERED: That the monthly financial report for November 2022 be received and filed Action Contemplated Councillor McClain Moved Adopted Voted Councillor McClain 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 1. Chapter 42, Section 50B – “Handicap Zone Limited Time” is hereby amended by repealing the following: Butler Street – Repeal - in front of #69 for a distance of 20 feet, “Handicap Parking, Limited Time, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor McClain Moved Adoption for first passage Voted  11 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Prosniewski 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 1. Chapter 42, Section 50B – “Handicap Zone Limited Time” is hereby amended by adding the following: Congress Street - in front of #47 Congress Street beginning ten feet south of the crosswalk for a distance of twenty (20) feet, “Handicap Parking, Limited Time, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Prosniewski Moved Adoption for first passage Voted Councillor Cohen Ordered: That the Committee on Public Health, Safety & Environment meet to discuss and adopt the Specialized Opt-In Code (Specialized Code). The Specialized Code is focused on achieving net zero buildings in alignment with the Commonwealth's 2050 required emissions reductions. As the Specialized Code was available December 2022, it requires an affirmative vote from Council at the City level. Where adopted, the Specialized Code requires additional measures to reduce greenhouse gas emissions and make buildings ready for a clean energy future, in addition to the energy efficiency requirements in the Base and Stretch Codes. Action Contemplated Councillor Cohen Moved Adoption Voted  12 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Varela ORDERED: That the Committee on Public Health, Safety and Environment meet to discuss the draft ordinance to create a composting ordinance (see draft ordinance in back-up documentation) Action Contemplated Councillor Varela Moved Adoption Voted  13 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING COMMITTEE REPORTS Councillor McClain offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom it was referred the matter of a Public Hearing on Urban Center Housing Tax Increment Financing Program for Lee Fort Terrace, has considered said matter and would recommend adoption by RCV Accept the Report Voted Adopt the Recommendation Yea Nay Abs Councillor McClain offered the following report for the Committee on Administration and Finance co-posted with the Committee of the Whole to whom it was referred the matter of a Public Hearing on Tax Increment Financing for Lee Fort Terrace, has considered said matter and would recommend adoption by RCV Accept the Report Voted Adopt the Recommendation Yea Nay Abs  14 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS The following recommendation from the Planning Board relative to Zoning - Affordable Accessory Dwelling Units Report of the Planning Board to City Council Re: Proposed Amendments to Affordable Accessory Dwelling Unit Ordinance December 20, 2022 At its meeting on December 19, 2022, the Planning Board discussed proposed amendments to the Zoning Ordinance to amend Section 3.2 to clarify the requirement that exterior stairways to an affordable accessory dwelling unit above the first floor shall be located on the rear or side of the dwelling; to remove the bedroom restriction; to require utilities for accessory and primary dwelling to be on separate meters (since resolved by the Engineering Department, adoption not recommended); to allow new detached structures and require detached structures to comply with the setback requirements of an accessory structure; and remove the owner occupancy requirement. This item was referred from the November 30, 2022, joint public hearing with the City Council. The Planning Board voted nine (9) (Chair Bill Griset, Kirt Rieder, Zach Caunter, Carole Hamilton, Sarah Tarbet, Helen Sides, Tom Furey, Jonathan Berk, and Josh Turiel) in favor, and zero (0) opposed to recommend that the City Council: - Adopt the proposed change to clarify the requirement that it is exterior stairways to an affordable accessory dwelling unit above the first floor which must be located on the rear or side of the dwelling; - Adopt the proposed change to remove the bedroom restriction; - Not adopt the proposed change to require utilities for accessory and primary dwelling to be on separate meters; - Adopt the proposed change to allow new detached structures and require detached structures to comply with the setback requirements of an accessory structure.  15 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS The Planning Board voted seven (7) (Chair Bill Griset, Kirt Rieder, Zach Caunter, Sarah Tarbet, Helen Sides, Tom Furey, and Jonathan Berk) in favor, and two (2) (Carole Hamilton and Josh Turiel) opposed to recommend that the City Council: - Adopt the proposed change to remove the owner occupancy requirement. If you have questions regarding this matter, please contact Tom Daniel, AICP, Director of Planning & Community Development, at 978-619-5685. William Griset, Chair of the Planning Board CC: Ilene Simons, City Clerk Action Contemplated Councillor Morsillo Moved received and filed Voted (#628 OF 2022) – ORDINANCE To Amend A Zoning Ordinance Relative To ADUs Secs. 3.2.8 & 3.2.8(5) An Ordinance to amend an ordinance relative to zoning Section I. Amend Section 3.2.4 Accessory Buildings and Structures by a. Deleting the phrase “with the exception of setback, which shall comply with Section 3.2.4(6)” from paragraph 5. b. Deleting paragraph 6 in its entirety. Section II. Amend Section 3.2.8(5) Affordable Accessory Dwelling Units. Requirements by a. Deleting paragraph 5(b) in its entirety. b. Deleting the following text from Section 5(h) “and at least one (1) owner of the residence in which the affordable accessory dwelling unit is created shall reside in one (1) of the dwelling units, either the principal or accessory unit created therein, as a principal place of residence. For the purpose of this section, the "owner'' shall be one or more individuals who hold title to the property, or a purchase and sales agreement and for whom the dwelling shall be the primary residence as evidenced by voter registration, tax return or other documentation demonstrating primary residence. Owner occupancy is required for an affordable accessory dwelling unit to be permitted.”  16 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS c. Deleting the word “water” from section 5(j). d. Inserting the word “exterior” following the word “all” in Section 5(l). e. Deleting Section 5(m) in its entirety. Section III. Amend Section 3.2.8 by deleting, in their entirety, the definitions of “Existing detached accessory building,” “Expanded detached accessory building,” and “New detached accessory building.” Section IV. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved Adoption for first passage by RCV Yeas Nays Abs OR Refer to the Committee of the Whole  17 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING PETITIONS The Following License Applications: PUBLIC GUIDES: Elaina Jacobs 1 Arbella St., Manchester William Sano 35 Daniels St., Salem Rory O’Brien 20 West Ave., Salem Mollie Stewart 1 Gerrish Pl., Salem Paul Royka 97 Derby., Salem Stacey Csaplar 99 Washington St., Salem Robert Kieran 14 Tremont St., Salem Richard Jawbson 72 Country Way, Ipswich Stephen Busby 9 Hillside Ave., Marblehead Patrick Curran 9 Rockland Rd., Danvers Nancy Sweeter 60 Burley St., Danvers Elizabeth DiCicco 40 Revere St., Boston Scott Aden 14 Winthrop Shore Dr., Winthrop Simon Checksfield 6 Hale Park Ave, Beverly Joan Pagliuca 3 Winthrop St., Dedham Joseph Amato 78 Marshall St., Medford Susan Conlin 11 Kinball St., Marblehead Anne Harrington 6 Steele St., Stoneham Beth O’Grady 27 Williams St., Salem Jeffrey Lilley 265 Lafayette St., Salem Caroline Horsman 1200 43rd Ave N, St. Petersburg FL Elizabeth Unseth 17 May St., Salem Seth Moscolo 40 English St., Salem Melissa Nierman 7 Crombie St., Salem Rebecca Johnson 127 Derby St., Salem Kalif Melanson 32 Mt. Washington Ave, Malden Michael Metzger 6 Bell Dr., Whitman Susan Metzger 25 Shepard St., Marblehead David Coviello 41 Washington Sq North, Salem Stacy Kilb 39 Northend Ave., Salem Mikayla Boyle 72 Nahant St., Lynn Chris Dugan 73 Harbor St., Salem Leanne Blake 70 Boston St., Salem Samantha Page 22 Fowler St., Salem Jeremiah Hakundy 78 Washington Sq East, Salem Public Guide Licenses Continued Next Page  18 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING PETITIONS PUBLIC GUIDES Cont: Christine Gandolfi-Piper 40 Aborn St., Peabody Bridgette Perking 100 Wharf St., Salem James Morfis-Gass 10 Ames St., Salem Tammy Harrington 48 Federal St., Beverly Leo Ward 31 Crescent Ave., Beverly Jodi Bradbury 102 Derby St., Salem Laura Dandaneau 13 Lemon St., Salem Charles Galvin Jr. 5 Warren St., Salem Nathan Long 75 Hale St., Beverly Donald Friary 10 Broad St., Salem Christine Remus 13 Merrimac St., Amesbury John “Giovanni” Alabiso 2 Buxton St., Peabody John Feeley Jr. 26 South Shore Rd., Holbrook TAXI OPERATORS: Ilirian Lukaj 150 Sylvan St., Danvers Alberto Guerrero 205 Bridge St., Salem Hanlen Garden Guzman 46 Ward St., Salem Juan Pimentel 51 Salem St., Salem Welfry Vicioxi Baez 52 Dow St., Salem Welkins Vicioso-Jose 52 Dow St., Salem Ramon Rodriguez-Suazo 100 Lafayette St., Salem Pedro Sanchez 16 ½ Chase St., Salem Franklin Pimentel 9 Meadow St., Salem Action Contemplated Councillor Morsillo Moved Granted Voted  19 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING PETITIONS The Following License Applications: JUNK DEALER: 15 Robinson Road LLC, 15 Robinson Rd., Salem SEAWORMS: Jose Machado 5 Marion Ave., Beverly SECONDHAND VALUABLES: Record Exchange LLC 256 Washington St., Salem To Do! Ta Done! 3 Pleasant St., Salem Olde Naumkeag Antiques 1 Hawthorne Blvd., Salem Tobies Jewelry 140 Washington St., Salem Re-Find 72 Washington St., Salem Glass and Etc. 180 Essex St., Salem Action Contemplated Councillor Morsillo Moved Refer Comm. on Ord., Lic. & Legal Affairs Voted The Following Claims: John Hayes 13 Hancock St., Salem Scott Bostley 10 Lorraine Ter., Marblehead Deborah Crowin 12 Pope St., Salem Steven Feldmann (Gulu-Gulu Café) 247 Essex St., Salem Michael Condon 7 Dearborn St., Salem Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affairs The Following Drainlayer/Contract Operator Licenses: Tim Demirs General Contractor, 50 Valley Rd. Lynn WAM General Contractors Inc., 363 Cabot St., Beverly Meninno Construction 76 Oakville St., Lynn Action Contemplated Councillor Morsillo Moved Granted Voted  20 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING PETITIONS The Following Bonds: CONSTABLE: James Barina 5 Hancock St., Salem DRAINLAYER: Tim Demirs General Contractor, 50 Valley Rd. Lynn Action Contemplated Councillor Morsillo Refer to Comm. on Ord., Lic. & Voted Legal Affairs & Returned Approved  21 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING UNFINISHED BUSINESS Second Passage of an Ordinance amending Ch. 36 – Solid Waste Management relative to pickup of large items An Ordinance to amend an Ordinance relative to Pickup of large items. Be it ordained by the City Council of the City of Salem, as follows: Section I. Chapter 36 – Solid Waste Management is hereby amended by: 1.) Adding the word “/Fee” within the heading of Sec. 36-4 so it shall read “Sec. 36-4. Pickup of large items/Fee.” 2.) Striking the words “mattresses and” within Sec. 36-4 (a) so it shall read “Up to two bulk items such as furniture shall be collected by appointment by the city's solid waste collection contractor during the resident's recycling pick-up week.” 3.) Inserting the following new paragraph within section 36-4 “(b) Mattresses and box springs shall be collected by appointment by the City’s mattress recycling contractor twice per month. Each residential unit shall be limited to recycling two such items through the City contract per calendar year.” 4.) Replacing subsection (b) within Sec. 36-4 with “(c)”. 5.) Inserting the following new paragraph within section 36-4 “(d) The fee for the collection of each bulk item, mattress or box spring shall be twenty dollars ($20), paid directly to the City’s collection contractors.” 6.) Adding the letter “(e)” at the beginning of the last paragraph immediately before the words “Construction and demolition”. Section II. This ordinance shall take effect as provided by city charter. Action Contemplated Councillor Morsillo Moved Adoption for second and final passage Voted  22 CITY OF SALEM JANUARY 12, 2023 REGULAR MEETING UNFINISHED BUSINESS Second Passage of an Ordinance relative to Ch. 42 Sec. 62 to amend the language to the tree donation fund An Ordinance to amend language relative to the tree donation fund. Section 1. Section 43-62 Tree donation fund of Chapter 43 Trees is hereby amended by deleting the section in its entirety and replacing it with the following: “Sec. 43-62. - Tree donation fund Collection of voluntary contributions under this ordinance shall be deposited into the tree donation fund, a separate, identifiable account, provided such fund is administered by the city to be dedicated solely for the planting and maintenance of new trees. The trees warden, with input from the tree commission and commensurate with the reasonably practicable suggestions of any donor, may expend these funds for tree planting, and other tree-related needs.” Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved Adoption for second and final passage Voted On the motion of Councillor Dominguez the meeting adjourned at P.M.