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City Council

Regular Meeting

Salem, MA · January 26, 2023

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Minutes

CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING A Regular Meeting of the City Council was held in-person and remotely via zoom on Thursday, January 26, 2023, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 24, 2023, at 8:30 A.M. This meeting is being recorded and is live on S.A.T.V. All Councillors were present Council President Stott presided. Councillor Cohen moved to dispense with the reading of the record of the previous meeting. It was so voted. President Stott requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY 1. Bob Callahan, 8 Stearns Place, Salem - Elected Board Member of the Retirement Board - support of COLA increase for the retirees. 2. Paul Findlen - 32 Dobbs Ave., Beverly - Executive Director of the Salem Retirement Board - support of COLA increase for the retirees. 3. Ellen Simpson, 1 Geneva St., Salem - Remove Restrictions to ADU ordinance 4. Sally Hayes, 21 Fairmont St., Salem - Elected Board Member of the Salem Retirement Board - support of COLA increase for retirees. 5. Dominick Pangallo, 23 Buffum St., Salem - Member of Retirement Board - supports COLA increase 6. Christine Pappas, 24 Memorial Dr., Salem - not in favor of removing owner occupancy requirement from the ADU ordinance 7. Danielle Hanrahan, 28 Beckford St., Salem - opposed to stand alone buildings in the ADU ordinance 8. Bob Mulligan, 3 Clifton Ave., Salem - opposed to eliminating owner occupancy requirement. 9. Meg Twohey, 122 Federal St., Salem - opposed to removing the owner occupancy requirement 10. Linda Ferraresso, 67 Aurora Ln, Salem - do not change current ordinance CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING #39 - REAPPOINTMENT OF CONSTABLE The Mayor’s Re-appointment of Mark McGrath, of Boxford, MA, to serve as a Constable with the term to expire on January 22, 2026 was received and filed. #40 - APPROPRIATION OF $683,533.04 TO FUND POLICE PATROLMENS MEMORANDUM OF UNDERSTANDING FROM DECEMBER 16, 2022 The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Six Hundred Eighty-Three Thousand Five Hundred Thirty- Three Dollars and Four Cents ($683,533.04) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the accounts listed below to fund the December 16, 2022, memorandum of agreement with the Salem Police Patrolmen’s Association effective July 1, 2021, in accordance with the recommendation of His Honor the Mayor. Retro Wages Account 11521-5161 $ 303,978.94 (Human Resources) Salaries – Full Time 12101-5111 $ 379,554.10 (Police Department) $ 683,533.04 #41 - APPROPRIATION OF $108,000.00 TO FUND FY2023 ONE TIME PAYMENT TO POLICE PATROLMEN'S MEMORANDUM OF UNDERSTANDING FROM JULY 1, 2021 The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of One Hundred Eight Thousand Dollars ($108,000.00) is hereby appropriated from the Human Resources Department’s “Salary/CB Reserve Account” (11521-5171A) to the account listed below to fund FY2023 one-time payments pursuant to the most recent memorandum of agreement reached with the Salem Police Patrolmen’s Association effective July 1, 2021, in accordance with the recommendation of His Honor the Mayor. CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING Description Fund Amount Retro Wages Account 11521-516 $108,000.00 (Human Resources) #42 - APPROPRIATION OF $103,702.00 TO FUND SUPPLEMENTAL COSTS ASSOCIATED WITH THE SPECIAL ELECTIONS TO FILL THE VACANCY OF THE MAYOR The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of One Hundred Three Thousand, Seven Hundred Two Dollars ($103,702.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the accounts listed below to fund supplemental costs associated with the FY2023 mayoral preliminary (March 28, 2023) and final (May 16, 2023) special elections in accordance with the recommendation of His Honor the Mayor. Description Fund Amount Salaries -Seasonal Labor (Clerk-Elections & Registration – Poll Workers) 11621-5118 $50,000.00 Salaries -Overtime (Clerk-Elections & Registration) 11621-5131 $5,000.00 Expenses – Printing & Binding (Clerk-Elections & Registration) 11622-5381 $26,500.00 Salaries – Elections OT (Police Department) 12101-5142 $22,202.00 $ 103,702.00 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING #43 - APPROPRIATION OF $62,084.42 FOR MID-YEAR PERSONNEL ACCOUNT ADJUSTMENTS The following order submitted by the Mayor was referred to the Committee on Administration and Finance. ORDERED: That the sum of Sixty-Two Thousand, Eighty-Four Dollars and Forty-Two Cents ($62,084.42) is hereby transferred from the Human Resources Department’s “Salary/CB Reserve Account” (11521-5171A) to the accounts as provided below for mid-year personnel account adjustments due to the minimum wage increase, costs associated with the most recent AFSCME Council 93, AFL-CIO, Local 1818 contract, staffing costs associated with the September and November elections, and other salary and personnel-line adjustments in accordance with the recommendation of His Honor the Mayor. Description Fund Amount Salaries Full-Time (Assessor) 11411-5111 $1,873.28 Salaries Full-Time (Collector) 11461-5111 $8,672.66 Salaries Full-Time (Harbor) 12951-5111 $3,422.47 Salaries Full-Time (Human Resources) 11521-5111 $1,938.36 Salaries Full-Time (Mayor) 11211-5111 $7,425.57 Salaries Full-Time (Engineering) 14121-5111 $2,622.55 Salaries Full-Time (Veterans) 15431-5111 $2,812.49 Salaries -Seasonal (Clerk -Elections – Poll Workers) 11621-5118 $15,885.50 Salaries -Seasonal (Clerk -Elections – OT) 11621-5131 $12,427.69 Salaries -Stipend (City Council) 11111-5150 $4,000.00 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING Salaries Full Time 11611-5111 $1,003.85 (Clerk) $62,084.42 #44 - APPROPRIATION OF $31,084.44 TO FUND PAY INCREASES FOR SALEM LIBRARY STAFF PER AGREEMENT ORDERED: That the sum of Thirty-One Thousand, Eighty-Four Dollars and Forty-Four Cents ($31,084.44) is hereby appropriated from the Human Resources Department’s “Salary/CB Reserve Account” (11521-5171A) to the accounts listed below to fund the pay increases associated with the memorandum of agreement reached with the Salem Library Staff Association (Local 4928, American Federation of Teachers, AFT Massachusetts, AFL- CIO) effective July 1, 2022, in accordance with the recommendation of His Honor the Mayor. Retro Wages Account (HumanResources) 11521-5161 $17,933.33 Library-Salaries (Full-Time) 16101-5111 $13,151.11 $31,084.44 #45 - APPROPRIATION OF $7,000.00 TO COUNCIL ADVERTISING ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the account listed below to fund required advertising costs in accordance with the recommendation of His Honor the Mayor. Description Fund Amount Advertising (City Council) 11112-5306 $7,000.00 $7,000.00 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING #46 - DONATION TO THE VETERANS DONATION FUND The following order submitted by the Mayor was adopted. ORDERED: To accept the donations totaling One Thousand Dollars ($1,000.00) from the Disabled American Veterans Chapter 84. The donation is to be deposited into the Veterans Donation Fund 2406 (24061-4830) in accordance with the recommendation of His Honor the Mayor. #47 - TRAFFIC ORDINANCE - HANDICAP PARKING - NURSERY ST. The following ordinance introduced by Councillor Prosniewski was adopted for first passage. In the year two thousand and twenty-three 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: Nursery Street – in front of #11 for a distance of 20 feet, “Handicap Parking, Limited Time, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. #48 - TRAFFIC ORDINANCE - REPEAL HANDICAP PARKING - OCEAN AVE. WEST The following ordinance introduced by Councillor Morsillo was adopted for first passage. In the year two thousand and twenty-three 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: CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING Ocean Ave West – REPEAL - in front of #169 Ocean Ave West 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. #49 - TAG DAY - SHS BOYS BASKETBALL The following order introduced by Councillor Morsillo was granted. ORDERED: That the attached Tag Day License Application for the Salem High School Boys Basketball on Saturday, February 4, 2023 and Saturday, February 11, 2023 be granted. #50 - TRAFFIC ORDINANCE – SERVICE ZONES - CONGRESS ST. The following ordinance introduced by Councillor Prosniewski was adopted for first passage In the year Two Thousand and Twenty-Three An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 13 of Article I be amended by inserting the following: Congress Street – Service Zones – on the westerly side of Congress Street at a point beginning forty (40) feet north of the intersection with Leavitt Street, and extending northward for twenty (20) feet, Monday through Saturday, 8am to 4pm. Section 2. This ordinance shall take effect as provided by City Charter. #51 -- TRAFFIC ORDINANCE - PARKING PROHIBITED CERTAIN STREETS AND CERTAIN TINES - OCEAN TERRACE The following ordinance introduced by Councillor Cohen was adopted for first passage. In the year Two Thousand and Twenty-Three An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING Section 1. Section 51 of Article V be amended by repealing the following: Ocean Terrace – Parking Prohibited on Certain Streets – southerly side. (8/20/73 DPW 5-754) And inserting: Ocean Terrace – Parking Prohibited on Certain Streets – northerly side. Ocean Terrace – Parking Prohibited on Certain Streets – southerly side, beginning at a point a distance of 92 feet east of the intersection with Cliff Street and proceeding in an eastward direction until the end of the street. Section 2. Section 51B of Article V be amended by repealing the following: Ocean Terrace – Parking Prohibited at Certain Times on Certain Streets – southerly side, Sundays and holidays, 9:00 A. M. to 4:00 P. M. June 1 to September 30. (5/23/61 DPW 10652) Section 3. This ordinance shall take effect as provided by City Charter. #52 - HOME RULE PETITION RELATIVE TO CONDOMINIUM CONVERSON The following order introduced by Councillor Cohen was adopted as amended. Ordered: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss the following Home Rule Petition: ORDERED: That a petition to the General Court, accompanied by a bill for authorization to enact a local condominium conversion ordinance for the purposes of tenant stability and maintaining the general welfare of Salem residents, as set forth below, be filed with an attested copy of this Order be, and hereby is approved to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to the intent of this home rule petition: AN ACT authorizing the City of Salem to enact a condominium conversion ordinance for buildings containing two or more residential units. Be it enacted by the Senate and House of Representatives in General Court Assembled, and by the authority of the same as follows: AN ACT RELATIVE TO A CONDOMINIMUM CONVERSION ORDINANCE IN THE CITY OF SALEM. SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the City of Salem City Council by majority vote may enact an ordinance to regulate the conversion of housing accommodations in the municipality to the CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING condominium or cooperative form or ownership in buildings containing two or more residential units. SECTION 2. Such ordinance may include, but is not limited to: (i) provisions for investigations and hearings on condominium conversions or proposed conversions; (ii) a permit process; (iii) tenant notification requirements; (iv) relocation costs for tenants and other measures to protect tenants; (v) control of evictions; (vi) penalties for violation of the ordinance; and (vii) afford tenants and the City or the City’s Designee the right to purchase the residential property in which the tenant(s) reside(s) when the residential property is being offered for sale. SECTION 3. The ordinance may establish a condominium review board or vest administrative duties in an existing municipal board, commission, or office. The review board may exercise such powers as it is given by the ordinance. SECTION 4. This act shall take effect upon its passage. Councillor Cohen made a motion to not refer the matter to Committee and adopt this tonight. Councillor Morsillo seconded the motion. It was so voted AMENDED VERSION: ORDERED: That a petition to the General Court, accompanied by a bill for authorization to enact a local condominium conversion ordinance for the purposes of tenant stability and maintaining the general welfare of Salem residents, as set forth below, be filed with an attested copy of this Order be, and hereby is approved to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to the intent of this home rule petition: AN ACT authorizing the City of Salem to enact a condominium conversion ordinance for buildings containing two or more residential units. Be it enacted by the Senate and House of Representatives in General Court Assembled, and by the authority of the same as follows: AN ACT RELATIVE TO A CONDOMINIMUM CONVERSION ORDINANCE IN THE CITY OF SALEM. SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the City of Salem City Council by majority vote may enact an ordinance to regulate the conversion of housing accommodations in the municipality to the condominium or cooperative form or ownership in buildings containing two or more residential units. SECTION 2. Such ordinance may include, but is not limited to: (i) provisions for investigations and hearings on condominium conversions or proposed conversions; (ii) a permit process; (iii) tenant notification requirements; (iv) relocation costs for tenants and other measures to protect tenants; (v) control of evictions; (vi) penalties for violation of the ordinance; and (vii) afford tenants and the City or the City’s Designee the right to CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING purchase the residential property in which the tenant(s) reside(s) when the residential property is being offered for sale. SECTION 3. The ordinance may establish a condominium review board or vest administrative duties in an existing municipal board, commission, or office. The review board may exercise such powers as it is given by the ordinance. SECTION 4. This act shall take effect upon its passage. #53 - (#10) - APPROPRIATION OF $5,255.15 FOR RETIRMENT BUYBACK FOR TWO EMPLOYEES Councillor McClain offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom it was referred the matter of an appropriation in the amount of $5,255.15 within the Retirement Stabilization Fund for the retirement of two city employees, has considered said matter and would recommend adoption. #54 - (#15) - FIVE PERCENT COST OF LIVING INCREASE FOR SALEM RETIREES Councillor McClain offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. Councillor Prosniewski recused himself for this matter. The Committee on Administration and Finance to whom it was referred the matter of approving a five percent cost of living adjustment on the base amount of Salem retirees’ pension, has considered said matter and would recommend adoption. #55 - (##28 - #30) - GRANTING CERTANIN LICENSES Councillor Morsillo offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs to whom it was referred the matter of granting certain licenses has consider said matter and would recommend the licenses listed below be granted. CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING JUNK DEALER: 15 Robinson Road LLC, 15 Robinson Rd., Salem SEAWORMS: Jose Machado 5 Marion Ave., Beverly SECOND HAND Record Exchange LLC 256 Washington St., Salem VALUABLES: 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 #56 - (#628 of 2022 ) - ZONING ORDINANCE RELATIVE TO ACCESSORY BUILDINGS AND AFFORDALE ACCESSORY DWELLING UNITS Councillor Stott offered the following report for the Committee of the Whole. It was voted to accept the report. The Committee of the Whole to whom it was referred the matter of an ordinance to amend a zoning ordinance relative to Accessory Buildings and Structures and Affordable Accessory Dwelling Units has considered said matter and would recommend adoption as amended for first passage by roll call vote. Councillor Dominguez assumed the chair. Councillor Stott the amendment made in committee was to strike Sec. II (c). After discussion, it was determined to be too much of a burden and cost to implement 2 water meters. The Owner Occupancy section was voted to keep it in the ordinance. Councillor Stott also recapped the time line. Councillor Stott explained she was of the mindset when reviewing this ordinance is that we have an affordable housing crises and didn’t want unnecessary restrictions. She does have concerns about gentrification. But believes any additional units this may create is a win. Additional questions have come up since this committee meeting regarding Sec. II (b). Councillor Morsillo made a motion to strike Sec. II (c) regarding the water meter. Councillor Varela seconded this motion. A yes vote is to keep the current ordinance in place and a no vote means the water should be separate from the other utilities. This motion was adopted by a roll call vote of 10 yeas, 0 nays, and 0 absent. Councillor Morsillo made a motion to strike Sec. II (b) in it’s entirety. Councillor Varela seconded the motion. By striking this section, it would keep the home ownership requirement as is. CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING Councillor Morsillo stated that on one side zoning should be about uses not who lives there. She gave some data on waitlists that 22,963 household on waitlist and 6,000 on senior housing waitlist. Every community should increase their affordable housing. But we don’t want to make properties more desirable housing for developers. We don’t know enough on how construction grants or abatements will work. A yes vote is to strike the removal and leave as is and a no vote will remove the owner occupancy requirement. Councillor Merkl stated that she would like to remove barriers to ADUs. She understands both sides. She stated however the vote goes she will feel comfortable with the outcome due to lengthy and thoughtful conversations among the Council. Councillor McClain is thinking what effect it will have on the market place. Owner occupancy or adding free standing structure it doesn’t foresee an uptick doesn’t make sense economically, interest rates are going up, supply chain issues, increase in building costs. As Councillors it is incumbent upon us o always be willing to make changes, bring public discussion along and he is not seeing overwhelming support to remove it. Pay attention to the public. There are legitimate concerns for quality of life. We are not pitting one class against another. Doesn’t believe however that this would change zoning i.e. Residential Single Family (R-1) would become an R-2; or an R-2 will be an R-3. Councillor Hapworth feels we have to keep our commitments. So not in favor of removing owner occupany. We shouldn’t lose the trust of those who put us here. Councillor Watson –Felt is in favor of striking this. Councillor Cohen stated he is conflicted. Even though he was in favor of this at the committee meeting to remove owner occupancy restriction he believes the incentives for ADUs should not be available to developers. He stated he is biased towards renters. Very important and that’s why the condo conversion and tenant protection so important. Councillor Prosniewski a yes vote means the owners are still required to live in that house. Although this won’t change the housing stock whatever way this is voted, more important is to talk about zoning. Agrees that the incentives are more for the developers. The amendment to strike Sec. II (b) was adopted by a roll call vote of 9 yeas, 1 nay and 0 absent. Councillors Watson-Felt, Varela, Prosniewski, Morsillo, Merkl, McClain, Hapworth and Dominguez and Cohen all voted in the affirmative. Councillor Stott was recorded as voting in the negative. The matter carries. CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING Councillor Morsillo is in favor of set-backs and detached structures. One of the issues we learned were difficult for residents wanting to have an ADU was the set back requirements. We have other areas especially in the historic districts that are very dense. She believes building a new detached structure is going to cost money, so there won’t be a ton of these. Councillor Watson-Felt reminded everyone that if you reside in a designated Historic District you still need to go through the Historical Commission for their approval. Councillor McClain stated that the detached structure was what he struggled with the most and setbacks. But since there are other requirements in place i.e. fire code, no windows if within 5 feet he feels comfortable supporting this now that the owner occupancy is staying. The Adoption of this Zoning Ordinance as amended was adopted by a roll call vote of 9 yeas, 1 nay and 0 absent. Councillors Watson-Felt, Varela, Prosniewski, Morsillo, Merkl, McClain, Hapworth, Cohen and Stott all voted in the affirmative. Councillor Dominguez was recorded as voting in the negative. The matter carries. #57 - PETITION FROM NATIONAL GRID TO INSTALL CONDUITS ON BAY VIEW CIRCLE A hearing was ordered for February 9, 2023 on the Petition from National Grid to install conduits on Bay View Circle. #58 - #59 – THE FOLLOWING LICENSE APPLICATIONS The Following License Applications were granted. PUBLIC GUIDES: Anthony Lentz, 42 Main St, Byfield Abigail M. Russell, 36 Forest St, Wakefield Robert L. Gautreau Jr., 21 Sturgis St #2, Woburn David N. Harris, 3 Buford Rd, Peabody Linda M. Harris, 3 Buford Rd, Peabody Raymond E. Swartz, 30 Ocean Ave, Salem Bobby Kerrigan, 13 Bruce Ln, Wenham Walter F. Prince, 40 Auburn St, Saugus David Mulhern, 22 Rattlesnake Hill Rd, Andover Amey Butler, 14 Hunt St, Danvers Molly “Euni” Morrow, 34 Shore Ave, Salem Dawn Mcgrath, 10 Phelps St, Salem Allan Dorrington, 64 Porter Ter, Lowell Geoff Van Wyck, 22 Mechanic St, Marblehead CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING Amber Jo Mercer Einslie, 19 Hazel St, Salem Stanley M. Dzierzeski, 74 Statler Rd, Belmont Tora Ueland, 70 Walnut St, Burlington, Vt Cynthia Aparicio, P.O. Box 390453, Cambridge TAXI OPERATORS: Edwin Ventura Ventura, Salem Cristian Vicioso-Jose, Salem Jose Manuel Castillo De La Rosa, Salem Guillermo Javier, Salem Aracelis Espinal Belties, Salem Sandra Rosario, Salem German Jose Moya Rosario, Salem Johnny Fabian, Salem Marino De Los Santos, Salem Hipolito Ozoria, Salem #60 - #63 - THE FOLLOWING LICENSE APPLICATIONS The Following License Applications were referred to the Committee on Ordinances, licenses and Legal Affairs. PAWN BROKER: Salem Loan & Jewelry, Salem SEAWORM: Joe Mendonca, Peabody SECONDHAND VALUABLE: Witch City Consignment, Salem TAG DAY: SHS Band, Orchestra & Chorus, May 20, 2023 #64 - #66 - CLAIMS The Following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Sandra Noyes, Salem Michelle Arpin, Salem Gregoria Rodriguez, Salem CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING #67 - DRAINLAYER / CONTRACT OPERATOR LICENSES The Following Drainlayer/Contract Operator Licenses were granted. R. Dilisio Co. Inc., Lynn R.B. Strong Excavating & Sewerage Contractor Inc, Gloucester Frank Delucia & Son, Plaistow, NH #68 - BONDS The following bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER: Frank Delucia & Son, Plaistow, NH (#18) - SECOND PASSAGE OF TRAFFIC ORDINANCE - HANDICAP PARKING - REPEAL - BUTLER ST. The Second Passage of the following Ordinance amending Traffic was adopted for second and final passage. In the year two thousand and twenty-three 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. (#19) - SECOND PASSAGE TRAFFIC ORDINANCE - HANDICAP PARKING - CONGRESS STREET The Second Passage of the following Ordinance amending traffic was adopted for second and final passage. CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING In the year two thousand and twenty-three 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. On the motion of Councillor Dominguez the meeting adjourned at 8:41 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 January 24, 2023 MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting via remote participation in accordance with Chapter 107 of the Act of 2022 and in person on January 26, 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 clicking on the website link noted below: https://us02web.zoom.us/j/86996469919?pwd=MStISUF0cXR2czVBMmJiMEYvWW82dz09 Password: 291777 Go to the website link https://zoom.us/join. Enter Webinar ID: 869 9646 9919 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#: 869 9646 9919 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 26, 2023 REGULAR MEETING A Regular Meeting of the City Council was held in-person and remotely via zoom on Thursday, January 26, 2023, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 24, 2023, at 8:30 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 26, 2023 REGULAR MEETING HEARINGS NONE 4 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s Re-appointment of Mark McGrath, of Boxford, MA, to serve as a Constable with the term to expire on January 22, 2026 Action Contemplated Councillor Morsillo Moved Received and Filed Voted 5 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Six Hundred Eighty-Three Thousand Five Hundred Thirty-Three Dollars and Four Cents ($683,533.04) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the accounts listed below to fund the December 16, 2022, memorandum of agreement with the Salem Police Patrolmen’s Association effective July 1, 2021, in accordance with the recommendation of His Honor the Mayor. Retro Wages Account 11521-5161 $ 303,978.94 (Human Resources) Salaries – Full Time 12101-5111 $ 379,554.10 (Police Department) $ 683,533.04 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 Voted ORDERED: That the sum of One Hundred Eight Thousand Dollars ($108,000.00) is hereby appropriated from the Human Resources Department’s “Salary/CB Reserve Account” (11521-5171A) to the account listed below to fund FY2023 one-time payments pursuant to the most recent memorandum of agreement reached with the Salem Police Patrolmen’s Association effective July 1, 2021, in accordance with the recommendation of His Honor the Mayor. Description Fund Amount Retro Wages Account 11521-5161 $108,000.00 (Human Resources) 6 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING COMMUNICATIONS FROM 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 Voted ORDERED: That the sum of One Hundred Three Thousand, Seven Hundred Two Dollars ($103,702.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the accounts listed below to fund supplemental costs associated with the FY2023 mayoral preliminary (March 28, 2023) and final (May 16, 2023) special elections in accordance with the recommendation of His Honor the Mayor. Description Fund Amount Salaries -Seasonal Labor (Clerk-Elections & Registration – Poll Workers) 11621-5118 $50,000.00 Salaries -Overtime (Clerk-Elections & Registration) 11621-5131 $5,000.00 Expenses – Printing & Binding (Clerk-Elections & Registration) 11622-5381 $26,500.00 Salaries – Elections OT (Police Department) 12101-5142 $22,202.00 $ 103,702.00 7 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING COMMUNICATIONS FROM 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 Voted ORDERED: That the sum of Sixty-Two Thousand, Eighty-Four Dollars and Forty-Two Cents ($62,084.42) is hereby transferred from the Human Resources Department’s “Salary/CB Reserve Account” (11521-5171A) to the accounts as provided below for mid-year personnel account adjustments due to the minimum wage increase, costs associated with the most recent AFSCME Council 93, AFL-CIO, Local 1818 contract, staffing costs associated with the September and November elections, and other salary and personnel-line adjustments in accordance with the recommendation of His Honor the Mayor. Description Fund Amount Salaries Full-Time (Assessor) 11411-5111 $1,873.28 Salaries Full-Time (Collector) 11461-5111 $8,672.66 Salaries Full-Time (Harbor) 12951-5111 $3,422.47 Salaries Full-Time (Human Resources) 11521-5111 $1,938.36 Salaries Full-Time (Mayor) 11211-5111 $7,425.57 Salaries Full-Time (Engineering) 14121-5111 $2,622.55 Salaries Full-Time (Veterans) 15431-5111 $2,812.49 Salaries -Seasonal (Clerk -Elections – Poll Workers) 11621-5118 $15,885.50 8 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Salaries -Seasonal (Clerk -Elections – OT) 11621-5131 $12,427.69 Salaries -Stipend (City Council) 11111-5150 $4,000.00 Salaries Full Time (Clerk) 11611-5111 $1,003.85 $62,084.42 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 Voted ORDERED: That the sum of Thirty-One Thousand, Eighty-Four Dollars and Forty-Four Cents ($31,084.44) is hereby appropriated from the Human Resources Department’s “Salary/CB Reserve Account” (11521-5171A) to the accounts listed below to fund the pay increases associated with the memorandum of agreement reached with the Salem Library Staff Association (Local 4928, American Federation of Teachers, AFT Massachusetts, AFL- CIO) effective July 1, 2022, in accordance with the recommendation of His Honor the Mayor. Retro Wages Account (Human Resources) 11521-5161 $17,933.33 Library-Salaries (Full-Time) 16101-5111 $13,151.11 $31,084.44 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 Voted 9 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the account listed below to fund required advertising costs in accordance with the recommendation of His Honor the Mayor. Description Fund Amount Advertising (City Council) 11112-5306 $7,000.00 $7,000.00 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 Voted ORDERED: To accept the donations totaling One Thousand Dollars ($1,000.00) from the Disabled American Veterans Chapter 84. The donation is to be deposited into the Veterans Donation Fund 2406 (24061-4830) in accordance with the recommendation of His Honor the Mayor. Action Contemplated Councillor McClain Moved Adoption Voted 10 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE 11 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Stott In the year two thousand and twenty-three 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: Nursery Street – in front of #11 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 Stott Moved Adoption for first passage Voted Councillor Morsillo In the year two thousand and twenty-three 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: Ocean Ave West – REPEAL - in front of #169 Ocean Ave West 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 Morsillo Moved Adoption for first passage Voted 12 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Morsillo ORDERED: That the attached Tag Day License Application for the Salem High School Boys Basketball on Saturday, February 4, 2023 and Saturday, February 11, 2023 be granted. Action Contemplated Councillor Morsillo Moved Adoption Voted Councillor Prosniewski In the year Two Thousand and Twenty-Three An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 13 of Article I be amended by inserting the following: Congress Street – Service Zones – on the westerly side of Congress Street at a point beginning forty (40) feet north of the intersection with Leavitt Street, and extending northward for twenty (20) feet, Monday through Saturday, 8am to 4pm. Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Prosniewski Moved Adoption for first passage Voted 13 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Cohen In the year Two Thousand and Twenty-Three An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 51 of Article V be amended by repealing the following: Ocean Terrace – Parking Prohibited on Certain Streets – southerly side. (8/20/73 DPW 5-754) And inserting: Ocean Terrace – Parking Prohibited on Certain Streets – northerly side. Ocean Terrace – Parking Prohibited on Certain Streets – southerly side, beginning at a point a distance of 92 feet east of the intersection with Cliff Street and proceeding in an eastward direction until the end of the street. Section 2. Section 51B of Article V be amended by repealing the following: Ocean Terrace – Parking Prohibited at Certain Times on Certain Streets – southerly side, Sundays and holidays, 9:00 A. M. to 4:00 P. M. June 1 to September 30. (5/23/61 DPW 10652) Section 3. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Moved Adoption for first passage Voted 14 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Cohen Ordered: That the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole meet to discuss the following Home Rule Petition: That a petition to the General Court, accompanied by a bill for authorization to enact a local condominium conversion ordinance for the purposes of tenant stability and maintaining the general welfare of Salem residents, as set forth below, be filed with an attested copy of this Order be, and hereby is approved to the end that the following legislation be adopted, except for amendments by the Senate or House of Representatives which conform to the intent of this home rule petition: AN ACT authorizing the City of Salem to enact a condominium conversion ordinance for buildings containing two or more residential units. Be it enacted by the Senate and House of Representatives in General Court Assembled, and by the authority of the same as follows: AN ACT RELATIVE TO A CONDOMINIMUM CONVERSION ORDINANCE IN THE CITY OF SALEM. SECTION 1. Notwithstanding the provisions of any general or special law to the contrary, the City of Salem City Council by majority vote may enact an ordinance to regulate the conversion of housing accommodations in the municipality to the condominium or cooperative form or ownership in buildings containing two or more residential units. SECTION 2. Such ordinance may include, but is not limited to: (i) provisions for investigations and hearings on condominium conversions or proposed conversions; (ii) a permit process; (iii) tenant notification requirements; (iv) relocation costs for tenants and other measures to protect tenants; (v) control of evictions; (vi) penalties for violation of the ordinance; and (vii) afford tenants and the City or the City’s Designee the right to purchase the residential property in which the tenant(s) reside(s) when the residential property is being offered for sale. SECTION 3. The ordinance may establish a condominium review board or vest administrative duties in an existing municipal board, commission, or office. The review board may exercise such powers as it is given by the ordinance. SECTION 4. This act shall take effect upon its passage. Action Contemplated Councillor Cohen Moved Adoption Voted 15 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING COMMITTEE REPORTS Councillor McClain offered the following report for the Committee on Administration and Finance to whom it was referred the matter of an appropriation in the amount of $5,255.15 within the Retirement Stabilization Fund for the retirement of two city employees, has considered said matter and would recommend (action unknown meeting took place after Council deadline). Accept the Report Voted Adopt the Recommendation Voted Councillor McClain offered the following report for the Committee on Administration and Finance to whom it was referred the matter of approving a five percent cost of living adjustment on the base amount of Salem retirees’ pension, has considered said matter and would recommend (action unknown meeting took place after Council deadline). Accept the Report Voted Adopt the Recommendation Voted Councillor Morsillo offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom it was referred the matter of granting certain licenses has consider said matter and would recommend the licenses listed below be granted. 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 Accept the Report Voted Adopt the Recommendation Voted 16 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING COMMITTEE REPORTS Councillor Stott offered the following report for the Committee of the Whole to whom it was referred the matter of an ordinance to amend a zoning ordinance relative to Accessory Buildings and Structures and Affordable Accessory Dwelling Units has considered said matter and would recommend adoption for first passage by roll call vote Accept the Report Voted Adopt the Recommendation Yea Nay Abs 17 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE 18 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING PETITIONS Petition from National Grid to install conduits on Bay View Circle HEARING ORDERED FEBRUARY 9, 2023 The Following License Applications: PUBLIC GUIDES: Anthony Lentz, 42 Main St, Byfield Abigail M. Russell, 36 Forest St, Wakefield Robert L. Gautreau Jr., 21 Sturgis St #2, Woburn David N. Harris, 3 Buford Rd, Peabody Linda M. Harris, 3 Buford Rd, Peabody Raymond E. Swartz, 30 Ocean Ave, Salem Bobby Kerrigan, 13 Bruce Ln, Wenham Walter F. Prince, 40 Auburn St, Saugus David Mulhern, 22 Rattlesnake Hill Rd, Andover Amey Butler, 14 Hunt St, Danvers Molly “Euni” Morrow, 34 Shore Ave, Salem Dawn Mcgrath, 10 Phelps St, Salem Allan Dorrington, 64 Porter Ter, Lowell Geoff Van Wyck, 22 Mechanic St, Marblehead Amber Jo Mercer Einslie, 19 Hazel St, Salem Stanley M. Dzierzeski, 74 Statler Rd, Belmont Tora Ueland, 70 Walnut St, Burlington, Vt Cynthia Aparicio, P.O. Box 390453, Cambridge TAXI OPERATORS: Edwin Ventura Ventura, Salem Cristian Vicioso-Jose, Salem Jose Manuel Castillo De La Rosa, Salem Guillermo Javier, Salem Aracelis Espinal Belties, Salem Sandra Rosario, Salem German Jose Moya Rosario, Salem Johnny Fabian, Salem Marino De Los Santos, Salem Hipolito Ozoria, Salem Action Contemplated Councillor Morsillo Moved Granted Voted 19 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING PETITIONS The Following License Applications: PAWN BROKER: Salem Loan & Jewelry, Salem SEAWORMS: Joe Mendonca, Peabody SECONDHAND VALUABLES: Witch City Consignment, Salem TAG DAY: SHS Band, Orchestra & Chorus, May 20, 2023 Action Contemplated Councillor Morsillo Moved Refer Comm. on Ord., Lic. & Legal Affairs Voted The Following Claims: Sandra Noyes, Salem Michelle Arpin, Salem Gregoria Rodriguez, Salem Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affairs The Following Drainlayer/Contract Operator Licenses: R. Dilisio Co. Inc., Lynn R.B. Strong Excavating & Sewerage Contractor Inc, Gloucester Frank Delucia & Son, Plaistow, NH Action Contemplated Councillor Morsillo Moved Granted Voted 20 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING PETITIONS The Following Bonds: DRAINLAYER: Frank Delucia & Son, Plaistow, NH Action Contemplated Councillor Morsillo Refer to Comm. on Ord., Lic. & Voted Legal Affairs & Returned Approved 21 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING UNFINISHED BUSINESS Second Passage of an Ordinance amending Traffic 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 second and final passage Voted Second Passage of an Ordinance amending traffic 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 second and final passage Voted 22 CITY OF SALEM JANUARY 26, 2023 REGULAR MEETING On the motion of Councillor Dominguez the meeting adjourned at P.M.

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