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City Council

Regular Meeting

Salem, MA · February 23, 2023

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Minutes

CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING A Regular Meeting of the City Council was held in-person and remotely via zoom on Thursday, February 23, 2023, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 21, 2023, at 9:30 A.M. This meeting is being recorded and is live on S.A.T.V. Councillors absent: Councillors Hapworth and Stott (excused) Council President Dominguez presided. Councillor Prosniewski moved to dispense with the reading of the record of the previous meeting. It was so voted. President Dominguez requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY 1. Steve Kapantais, 23A Wisteria St. #2, Salem – PHSE Comm. Report 2. Damien Jarrett, 5 Hillside Ave., Salem – PHSE Comm. Report #98 – (#85) – NATIONAL GRID TO INSTALL A POLE ON BRIDGE ST. (#2972) The Hearing on the order from National Grid to install 1 pole on Bridge St. (pole #2972) was continued to March 9, 2023 at 7:00 P.M. It was so voted. #99 – (#86) – NATIONAL GRID TO INSTALL 1 JOINTLY OWNED POLE ON ENDICOTT ST. The Hearing on the order from National Grid to install 1 Jointly Owned pole on Endicott Street was continued to June 22, 2023 at 7:00 P.M. It was so voted. #100 – (#87) – NATIONAL GRID TO INSTALL A POLE ON BRIDGE ST. (#598) The Hearing on the order from National Grid to install 1 pole on Bridge St. (pole #598) was continued to March 9, 2023 at 7:00 P.M. It was so voted. 2 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING (#70) – APPOINTMENT OF JAMES BOSTICK TO THE PUBLIC ART COMMISSION Held from the last meeting the Mayor’s Appointment of James Bostick of 32 Barr St., Salem, MA, to serve on the City of Salem Public Art Commission with the term to expire on February 9, 2024 was confirmed by a roll call vote of 8 yeas, 0 nays and 2 absent. Councillor Morsillo requested and received suspension of the rules to all James Bostick to speak. #101 – APPOINTMENT OF RONALD BERTHEIM AS A CONSTABLE The Mayor’s Appointment of Ronald Bertheim of 16 Lenox Ave., Methuen to serve as a Constable with the term to expire on February 25, 2026 was received and filed. #102 – APPOINTMENT OF JOHN WALTER RAY AS A CONSTABLE The Mayor’s Appointment of John Walter Ray of 8 Amanda Way, Salem to serve as a Constable with the term to expire on April 1, 2026 was received and filed. #103 – APPROPRIATION OF $58,632.31 FOR RETIREMENT BUYBACK FOR FIRE FIGHTER The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Fifty-Eight Thousand, Six Hundred Thirty-Two Dollars and Thirty-One Cents ($58,632.31) be approved within the “Retirement Stabilization Fund- Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2023 contractual buyback(s) listed below in accordance with the recommendation of His Honor the Mayor. Name Department Amount Erin Bonitto Fire Department $ 58,632.31 $ 58,632.31 Councillor Morsillo stated this was the last female on the Fire Department and we have to do better to recruit more females. 3 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING #104 – PAYING INVOICE FROM FY22 WITH FY23 BUDGET – POLICE DEPARTMENT The following order submitted by the Mayor was adopted under suspension of the rules by a roll call vote of 8 yeas, 0 nays and 2 absent. ORDERED: That Per MGL Chapter 44 Section 64 which allows for a municipality to pay for prior fiscal year invoices using current fiscal year appropriations by two-thirds vote of the City Council we request the sum of Three Hundred Ninety-Nine Dollars ($399.00) of outstanding Fiscal Year 2022 invoices is hereby allowed to be paid from the Fiscal Year 2023 Police Department budget as listed below in accordance with the recommendation of His Honor the Mayor. Department Vendor Amount Police Department Munission $ 399.00 (12102-5272 Technology) $ Total 399.00 #105 – DONATION TO PARK & REC FOR CARDINAL BENCH The following order submitted by the Mayor was adopted. ORDERED: To accept the donation of One Thousand Two Hundred Dollars ($1,200.00) from Ronald Harrison. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061-4830) for a Standard Cardinal Bench in accordance with the recommendation of His Honor the Mayor. #106 – COMMUNICATION FROM THE MAYOR REGARDING INCLUSIONARY ZONING The following communication from the Mayor giving an update on Section 3A Compliance and Inclusionary Zoning was received and filed. Honorable Salem City Council Salem City Hall 93 Washington Street Salem, MA 01970 RE: Section 3A Compliance and Inclusionary Zoning Update Dear City Councillors, 4 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING This letter is to provide you with an update on the status of Section 3A compliance and the inclusionary zoning ordinance. As you are aware, the economic development bill adopted in January 2021 included Section 3A of M.G.L. c. 40A (the Zoning Act). Section 3A requires that each MBTA community have at least one zoning district that meets certain criteria, including allowing multifamily housing by right, to enable housing production. How an inclusionary housing ordinance is structured impacts whether it is considered “as of right” and in compliance with Section 3A. It is critical that Salem remains in compliance to continue to be eligible for State funds, including grants from the Housing Choice Initiative, Local Capital Projects Fund, and the MassWorks Infrastructure program. Section 3A Compliance On February 24, 2022, the City completed the first part of the compliance requirements. In the fall of 2022, the City participated in the initial round of technical assistance with the Massachusetts Housing Partnership (MHP) to evaluate whether the Central Business (B5) zoning district is in compliance with Section 3A. MHP concluded it appears the B5 is in compliance. In the coming weeks, the Department of Housing and Community Development (DHCD) will release the formal application for communities to demonstrate they are in compliance with Section 3A. Impact of Section 3A on Inclusionary Zoning On October 21, 2022 DHCD published revised Compliance Guidelines for Multi-family Zoning Districts Under Section 3A of the Zoning Act. Per the revised guidelines, if the zoning district requires residential units to be affordable below 80% of the area median income (AMI) then the process is not considered “as of right” therefore would not be in compliance with Section 3A. However, the guidelines state that it will allow for affordability deeper than 80% AMI at the discretion of DHCD if the affordability requirements applicable in the multi-family zoning district are supported by an economic feasibility analysis, prepared for the municipality by a qualified and independent third party acceptable to DHCD, and using a methodology and format acceptable to DHCD. To that end, the inclusionary housing ordinance will not be filed until after an economic feasibility study is prepared. Planning staff has applied for technical assistance through the Metropolitan Area Planning Council (MAPC) to assist with an economic feasibility analysis. If you have any questions regarding this, please contact Deputy Director of Planning & Community Development, Amanda Chiancola at 978-619-5685 or achiancola@salem.com Thank you for your attention to this matter. Sincerely, Robert McCarthy Acting Mayor Attachments: MHP Technical Memorandum (filed in City Clerk’s Office) 5 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING Councillor Morsillo gave an explanation of Inclusionary Zoning and the things to work on with new housing around MBTA Zone. It will take more time and more analysis will need to be done. #107 – RESOLUTION – FOSSIL FUELS The following resolution introduced by Councillor Cohen was adopted by a roll call vote of 7 yeas, 0 nays, 1 present and 2 absent. Councillors Varela, Prosniewski, Morsillo, Merkl, McClain, Dominguez and Cohen were recorded in the affirmative. Councillor Watson-Felt was recorded present and Councillors Hapworth and Stott were absent. In City Council, February 23, 2023 Ordered: WHEREAS, climate change is in part caused by humans’ combustion of fossil fuels; and WHEREAS, Salem is an environmental justice and Gateway community, one of the most vulnerable to climate change on the North Shore, with the most precarious areas housing a high ratio of marginalized communities; and WHEREAS, the findings of the Resilient Together, a Salem and Beverly joint venture, demonstrate the built environment is the largest contributor to greenhouse gas emissions and the concept that making properties sustainable is a financial burden is a myth, especially with the state goal of converting 1 million homes to electric in the Roadmap Climate Bill; and WHEREAS, net-zero emissions building construction is an established, achievable standard, demonstrated through proposed and constructed buildings in Salem, utilizing energy efficient building design such as a Passive House and LEED and including but not limited to renewable thermal technologies, building electrification with no on-site combustion of fossil fuels, on-site renewable energy systems, and offsite renewable energy purchases. NOW THEREFORE, it is hereby 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 authorizing the City of Salem to adopt and enforce local regulations restricting new fossil fuel infrastructure in certain construction. 6 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING SECTION 1. Consistent with Chapter 179, Section 84 of the Acts of 2022 An Act Driving Clean Energy And Offshore Wind and notwithstanding any general or special law or rule or regulation to the contrary, the city of Salem is authorized to adopt or amend general or zoning ordinances that require new building construction or major renovation projects, as defined by the city’s general or zoning ordinance, to be fossil fuel-free and enforce restrictions and prohibitions on new building construction and major renovation projects that are not fossil fuel-free, including through the withholding or conditioning of building permits. SECTION 2. As used in this Act, the term “fossil-fuel-free” shall mean new building construction or major renovation that results in an entire building that does not utilize coal, oil, natural gas, other fuel hydrocarbons, or other fossil fuels in support of its operation after construction. SECTION 3. This act shall take effect upon its passage. #108 – RESOLUTION - DOMINICAN REPUBLIC INDEPENDENCE DAY The following resolution introduced by Councillor Dominguez was adopted by a roll call vote of 8 yeas, 0 nays and 2 absent RESOLUTION: DOMINICAN REPUBLIC INDEPENDENCE DAY WHEREAS: The Dominican Flag Committee of Salem will celebrate the raising of the Dominican Flag at Lafayette Park to Celebrate the raising of the Dominican flag that marks Dominican Republic’s 179th Anniversary of Independence; and WHEREAS: The Dominican Community has dedicated this celebration of independence to Dominican Republic’s men and women who have distinguished themselves in different disciplines in the City of Salem; and WHEREAS: The Dominican community has established itself through the efforts of many Dominicans in business, sports, politics, education, and many other disciplines and have exhibited their pride, passion and love of family, religion, and commitment to hard work; and WHEREAS: The Dominican community enriches the City of Salem by promoting the rich Dominican culture through music, dances, and the arts; and WHEREAS: The City of Salem recognizes that supporting the Latinx community will lead to greater continued equality for all residents and help strengthen our City; and 7 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING WHEREAS: The Dominican Flag Raising will take place at Lafayette Park on Friday, February 24, 2023, at 5:00 P.M. in anticipation of Dominican Republic Independence Day; and NOW, THEREFORE, We, the Salem City Councillors, and Mayor Robert K. McCarthy do hereby proclaim February 27th, 2023, as DOMINICAN REPUBLIC INDEPENDENCE DAY and call upon our public officials, educators, librarians, and all Salem Residents to observe this month with appropriate ceremonies, activities, and programs here in Salem and beyond the borders of our Commonwealth. Councillor Dominguez requested and received suspension of the rules to allow Yoleny Ynoa to speak regarding the resolution. #109 – TRAFFIC ORDINANCE AMENDING HANDICAP PARKING – OCEAN AVE. The following ordinance introduced by Councillor Cohen 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: Ocean Avenue - in front of #69 Ocean Ave. 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. 8 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING #110 – TRAFFIC ORDINANCE AMENDING PARKING PROHIBITED CERTAIN STREETS – LAFAYETTE STREET 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 51 of Article V be amended by inserting the following: Lafayette Street – Parking Prohibited on Certain Streets – Easterly side, from intersection with Palmer Street, extending southward for 45 feet. Section 2. This ordinance shall take effect as provided by City Charter. #111 – TRAFFIC ORDINANCE AMENDING RILEY PLAZA The following ordinance introduced by Councillor Cohen was referred to the Committee on Ordinances, Licenses and Legal Affairs 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 50A of Article V be amended by repealing the following: Riley Plaza – Handicapped Parking Zones – east parking lot, easterly side from a point approximately eighty-six (86) feet north of the southern most point of the lot and extending in a northerly direction for a distance of approximately twenty-four (24) feet. (2/14/94) Riley Plaza – Handicapped Parking Zones – east parking lot, easterly side from a point twenty-three (23) feet north of the southern most point of the lot and extending in a northerly direction for a distance of approximately twenty-four (24) feet. (2/14/94) Riley Plaza – Handicapped Parking Zones – east parking lot, easterly side from the north intersection with Dodge Street and extending in a northerly direction for a distance of approximately twenty-four (24) feet. (2/14/94) 9 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING Riley Plaza – Handicapped Parking Zones – west parking lot, row one located at the northern most end of the parking lot, extending from the Margin Street side of the lot for a distance of approximately forty (40) feet. (2/14/94) Riley Plaza – Handicapped Parking Zones – west parking lot, row twelve located at the southern most end of the parking lot, extending from the Margin Street side of the lot for a distance of approximately fourteen (14) feet in an easterly direction. (2/14/94) Riley Plaza – Handicapped Parking Zones – east parking lot, easterly side from the northern most point of the lot and extending in a southerly direction for a distance of approximately twenty-four (24) feet. (2/14/94) And inserting: Washington Street Lot – Handicapped Parking Zones – Two spaces at the southeast corner of the Washington Street Lot, adjacent to Dodge Street, and two spaces at the northeast corner of the lot, adjacent to New Derby Street. Riley Plaza Lot – Handicapped Parking Zones – Three spaces at the northwest corner of the lot, adjacent to Margin Street, and one space at the southwest corner of the lot, adjacent to Mill Street and Margin Street. Section 2. Section 56 of Article V be amended by repealing the following: Riley Plaza – Parking Meter Zones Established – east and west parking lots, all spaces shall be metered. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – east parking lot, easterly side from a point forty-eight (48) feet north of the southern most point extending in a northerly direction for a distance of approximately thirty-eight (38) feet. Four (4) hour parking. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – east parking lot, easterly side from the intersection of Dodge Street extending in a southerly direction approximately sixty-eight (68) feet. Four (4) hour parking. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – east parking lot, easterly side from a point twenty-eight (28) feet north of the intersection of Dodge Street extending in a northerly direction approximately one hundred (100) feet. Four (4) Hour Parking. (2/14/94) (4/23/09) (7/14/11) Riley Plaza – Parking Meter Zones Established – east parking lot, easterly side from the southern most point extending in a northerly direction approximately twenty-three (23) feet. Four (4) hour parking. (2/14/94) (7/14/11) 10 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING Riley Plaza – Parking Meter Zones Established – east parking lot, westerly side for the entire length of the parking lot running parallel to Washington Street. Four (4) hour parking. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – west parking lot, located on the east side of the MBTA Fan building running parallel to Washington Street. Four (4) hour limit. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – west parking lot, located on the east side of the MBTA Fan building running parallel to Washington Street. No time limit. (2/14/94) Riley Plaza – Parking Meter Zones Established – west parking lot, rows seven, eight, nine, ten and eleven of parking beginning approximately one hundred and ninety (190) feet from the northern-most end of the lot. Four (4) hour limit. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – row twelve of parking. No time limit. (7/14/11) Riley Plaza – Parking Meter Zones Established – west parking lot, rows three, four, five and six of parking beginning approximately seventy (70) feet from the northern most end of the lot and extending approximately one hundred and twenty (120) feet in a southerly direction. All four rows will be four (4) hour metered parking. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – west parking lot, first and second row of parking approximately forty-five (45) feet from northern most end of lot, the entire rows will be one (1) hour metered parking, excluding handicap spaces. (2/14/94) (1-10-13) Riley Plaza East – Parking Meter Zones Established – easterly side, in its entirety (not including Handicap Zones) Parking Metered Zone, Four (4) Hour Limit. (7/14/11) Riley Plaza East – Parking Meter Zones Established – westerly side, in its entirety (not including Handicap Zones) Parking Metered Zone, Four (4) Hour Limit. (7/14/11) Section 3. Section 57C of Article V be amended by repealing the following: Monthly parking zones are established on the streets or parts of streets designated in this section. No person shall park a vehicle in a monthly zone without the appropriate monthly zone pass between the hours of 8:00 A.M. to 6:00 P.M. Monday through Saturday, and between the hours of 12:00 P.M. and 6:00 P.M. on Sunday. 11 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING This restriction shall not apply during the hours of legal holidays during which business establishments are required by law to remain closed. (7/14/11) ( 7/9/20 ) Riley Plaza – Parking Time Limited: Monthly Zones – west parking lot, rows 3, 4, 5, 6, 7, 8, 9, and 10 (from northern-most end) and spaces east of MBTA fan house (7/14/11) Riley Plaza – Parking Time Limited: Monthly Zones – east parking lot, western row of parking (closest to Washington Street), southern-most 20 spaces (7/14/11) And inserting: Monthly parking zones are established for both on- and off-street parking areas designated in this section. No person shall park a vehicle in a monthly zone without the appropriate monthly zone pass between the hours of 8:00 A.M. to 6:00 P.M. Monday through Sunday. This restriction shall not apply during the hours of legal holidays during which business establishments are required by law to remain closed. Riley Plaza Lot - Parking Time Limited: Monthly Zones – Entirety of Riley Plaza parking lot, except accessible and carshare spaces. Section 4. Section 17A of Article I be amended by inserting the following: Section 57C – $25.00 fine/$75.00 fine during month of October for violation of Parking Time Limited; Monthly Zone Section 5. This ordinance shall take effect as provided by City Charter. Councillor Morsillo was dismayed by the lack of data. There was only 3 months worth of data and over a year now the Covid Trailer has been there taking up spots. When people were waiting in line they did not pay the meter they were parked at unless they saw the meter attendant coming and then they would insert a quarter. Councillor Prosniewski stated Riley Plaza has gone through many changes but one thing that hasn’t changed is that business down there depend on Riley Plaza for parking. This will affect businesses. Councillor Watson-Felt stated business were upset when meters were placed on Gedney Street. This required more discussion and engagement with the business in that area. 12 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING #112 – MONTHLY PARKING PERMIT FOR RILEY PLAZA – FEE AND TIMES The following order introduced by Councillor Cohen was referred to the Committee on Ordinances, Licenses and Legal Affairs. Ordered: The fee to purchase a monthly permit to park in the Riley Plaza parking lot shall be $50.00. Permit holders will be permitted to park in the lot Monday through Sunday 8:00 A.M. to 6:00 P.M. Councillor Morsillo stated this is being referred for the same reasons as above, for lack of data. Why not charge $75.00 or $25.00. #113 – (#423 of 2022) – LEGALIZING CERTAIN PLANT MEDICINES Councillor Varela offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom it was referred the matter of meeting with Mr. James Davis from Bay Staters for National Medicine to discuss legalizing certain plant medicines, has consider said matter and would recommend that the matter remain in committee. Councillor Varela stated it was a good meeting but there is lots to go over with de- prioritizing plant medicines. Since there was a technical issue there will be another meeting on this within two week. #114 – ELECTION ORDER FOR SPECIAL PRELIMINARY ELECTION TO BE HELD ON MARCH 28, 2023 The following Election Order submitted by the City Clerk for the Special Preliminary Election to be held on March 28, 2023 was adopted. In City Council, February 23, 2023 ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the City at the polling places designated hereinafter on Tuesday, March 28, 2023, for the purpose of casting votes in the City’s Special Preliminary Election for the election of candidates for the following office: ORDENÓ: Que las reuniones de los votantes calificados de la ciudad de Salem se llevarán a cabo en los varios recintos de votación en la ciudad en los lugares de votación designados a continuación el martes 13 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING 28 de marzo de 2023, con el propósito de emitir votos en la Elección Preliminaria Especial de la Ciudad para la elección de candidatos para el siguiente cargo: Mayor: to fill vacancy due to the resignation of Kimberley Driscoll Alcalde: para llenar la desocupación provocada por la renuncia de Kimberley Driscoll AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: Y SE ORDENE ADEMÁS: Que los siguientes lugares sean y por la presente sean designados como lugares de votación para dichas reuniones: WARD ONE / DISTRITO UNO Precinct 1 Bentley Academy Gymnasium, 25 Memorial Drive Recinto 1 Gimnasio, Escuela Bentley Academy, 25 Memorial Drive Precinct 2 Community Room, 135 Lafayette Street Recinto 2 Sala Comunitaria, 135 Lafayette Street WARD TWO / DISTRITO DOS Precinct 1 & 2 Community Life Center, 401 Bridge Street Recinto 1 & 2 Centro De Vida Comunitaria, 401 Bridge Street WARD THREE / DISTRITO TRES Precinct 1 & 2 Salem High School Auditorium, 77 Willson Street Recinto 1 & 2 Auditorio, Salem High School, 77 Willson Street WARD FOUR / DISTRITO CUATRO Precinct 1 & 2 Witchcraft Heights School Gymnasium,1 Frederick Street Recinto 1 & 2 Gimnasio, Escuela Witchcraft Heights, 1 Frederick Street WARD FIVE / DISTRITO CINCO Precinct 1 & 2 Saltonstall School Auditorium, 211 Lafayette Street Recinto 1 & 2 Auditorio, Escuela Saltonstall, 211 Lafayette Street WARD SIX / DISTRITO SEIS Precinct 1 & 2 Bates School Gymnasium, 53 Liberty Hill Avenue Recinto 1 & 2 Gimnasio, Escuela Bates School, 53 Liberty Hill Avenue WARD SEVEN / DISTRITO SIETE Precinct 1 & 2 Salem State Enterprise Center, 121 Loring Avenue Recinto 1 & 2 Salem State Enterprise Center, 121 Loring Avenue AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law. Y SE ORDENE ADEMÁS: Que las urnas en dichas reuniones se abran a las 7:00 a.m. y se cierren a las 8:00 p.m. y que se instruya a la Secretaria de la Municipal para que publique este aviso como lo exige la ley. 14 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING #115 & #116 - LICENSE APPLICATIONS The Following License Applications were granted. PUBLIC GUIDES: David Molinet 30 Franklin St., Salem Brian McCarron PO Box 129, Beverly Scott Freenman 44 Northridge, Beverly Vijay Joyce 107 Preston Pl., Beverly Stacy Wasserboehr 9 Palmer Hill Ave., Reading Alicia Diozzi 40 English St., Salem Kathleen Halecki-Ellis 111 Essex St., Beverly Courtney Reardon 151 Lambtown Rd., Ledyard, CT Julia Gleason 61 Wheelwright Farm, Cohasset Joyce O’Brien 4 Winter Island Rd., Salem Daniel Minkle Fury 126 Federal St., Salem TAXI OPERATORS: Indy Espinal 135 Lafayette St., Salem John Reynaldo Reyes 11 Abbott St., Salem Roberto Gutierrez 403 Lafayette St., Salem Glennys Garcia De Fabian 22 Pulaski St., Salem Delfa Yohanys Fabian Gomez 32 Rainbow Terr., Salem Luis Jimenez Munoz 5 Porter St., Salem Juan Marcos Vidal 196 Loring Ave., Salem Ramon Guzman 45 Walsh Ave., Peabody Dagoberto Diaz 81 Orton Marotta Way, South Boston Juan Pimentel Lugo 34 Prince St., Salem #117 – TAG DAY APPLICATION The Following License Application was referred to the Committee on Ordinances, Licenses and Legal Affairs. TAG DAYS: Salem Little League May 13th, June 3rd, June 17th #118 - #121 - CLAIMS The Following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Gerardo Manzo 330 Paradise Rd., Swampscott Sydney Farber 16 Rockdale Ave., Salem Dan Glennon 12 Gardner St., Salem Barbara Norton 16 High St., Salem 15 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING #122 - DRAINLAYER/CONTRACT OPERATOR LICENSE APPLICATION The Following Drainlayer/Contract Operator License was granted. Pumel Enterprises, Inc 116 Rabbit Rd., Salisbury (#724A of 2022) - ZONING ORDINANCE AND MAP AMENDMENT TO REZONE A PARCEL AT 67 DERBY STREET The second passage of the zoning ordinance and map amendment to rezone a parcel at 67 derby street was referred to the Committee on Ordinances, Licenses and Legal Affairs. In the year two thousand and twenty-two An Ordinance to amend an Ordinance and Map relative to Zoning Be it ordained by the City Council of the City of Salem, as follows: Section 1. The City of Salem Zoning Map in accordance with the requirements of Massachusetts General Laws, Chapter 40A, Section 5, that the following parcel located in Residential Two Family (R2) and Industrial (I) districts be rezoned to the Industrial (I) district. Address Assessor’s Map and Lot Number 67 Derby Street Assessor’s Map 41, Parcel Lot Number 0339 Section 2. This Ordinance shall take effect as provided by City Charter On the motion of Councillor Morsillo the meeting adjourned at 7:55 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 February 23, 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 February 23, 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: Please click the link below to join the webinar: https://us02web.zoom.us/j/87680310469?pwd=V05pOVRzVDNNRWE0dGtHbHAvSmFTdz09 Password: 359129 Go to the website link https://zoom.us/join. Enter Webinar ID: 876 8031 0469 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#: 876 8031 0469 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 FEBRUARY 23, 2023 REGULAR MEETING A Regular Meeting of the City Council was held in-person and remotely via zoom on Thursday, February 23, 2023, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 21, 2023, at 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 FEBRUARY 23, 2023 REGULAR MEETING HEARINGS Order National Grid to install 1 pole on Bridge St. (pole #2972) APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Watson-Felt Moved to close the Public Hearing Voted Councillor Watson-Felt Moved Granted Voted 4 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING HEARINGS Order National Grid to install 1 Jointly Owned pole on Endicott St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Watson-Felt Moved to close the Public Hearing Voted Councillor Watson-Felt Moved Granted Voted 5 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING HEARINGS Order National Grid to install 1 pole on Bridge St. (pole #598) APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Watson-Felt Moved to close the Public Hearing Voted Councillor Watson-Felt Moved Granted Voted 6 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s Appointment of James Bostick of 32 Barr St., Salem, MA, to serve on the City of Salem Public Art Commission with the term to expire on February 9, 2024. Action Contemplated Councillor Morsillo Moved Confirmation by RCV Yeas Nays Abs The Mayor’s Appointment of Ronald Bertheim of 16 Lenox Ave., Methuen to serve as a Constable with the term to expire on February 25, 2026 Action Contemplated Councillor Morsillo Received and Filed Voted The Mayor’s Appointment of John Walter Ray of 8 Amanda Way, Salem to serve as a Constable with the term to expire on April 1, 2026 Action Contemplated Councillor Morsillo Received and Filed Voted 7 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Fifty-Eight Thousand, Six Hundred Thirty-Two Dollars and Thirty-One Cents ($58,632.31) be approved within the “Retirement Stabilization Fund-Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the FY 2023 contractual buyback(s) listed below in accordance with the recommendation of His Honor the Mayor. Name Department Amount Erin Bonitto Fire Department $ 58,632.31 $ 58,632.31 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 Per MGL Chapter 44 Section 64 which allows for a municipality to pay for prior fiscal year invoices using current fiscal year appropriations by two-thirds vote of the City Council we request the sum of Three Hundred Ninety-Nine Dollars ($399.00) of outstanding Fiscal Year 2022 invoices is hereby allowed to be paid from the Fiscal Year 2023 Police Department budget as listed below in accordance with the recommendation of His Honor the Mayor. Department Vendor Amount Police Department Munission $ 399.00 (12102-5272 Technology) $ Total 399.00 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 by RCV Yea Nay Abs (2/3 vote required) 8 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: To accept the donation of One Thousand Two Hundred Dollars ($1,200.00) from Ronald Harrison. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061-4830) for a Standard Cardinal Bench in accordance with the recommendation of His Honor the Mayor. Action Contemplated Councillor McClain Moved Adoption Voted 9 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE Communication from the Mayor to give an update on Section 3A Compliance and Inclusionary Zoning – See Letter Below Honorable Salem City Council Salem City Hall 93 Washington Street Salem, MA 01970 RE: Section 3A Compliance and Inclusionary Zoning Update Dear City Councillors, This letter is to provide you with an update on the status of Section 3A compliance and the inclusionary zoning ordinance. As you are aware, the economic development bill adopted in January 2021 included Section 3A of M.G.L. c. 40A (the Zoning Act). Section 3A requires that each MBTA community have at least one zoning district that meets certain criteria, including allowing multifamily housing by right, to enable housing production. How an inclusionary housing ordinance is structured impacts whether it is considered “as of right” and in compliance with Section 3A. It is critical that Salem remains in compliance to continue to be eligible for State funds, including grants from the Housing Choice Initiative, Local Capital Projects Fund, and the MassWorks Infrastructure program. Section 3A Compliance On February 24, 2022, the City completed the first part of the compliance requirements. In the fall of 2022, the City participated in the initial round of technical assistance with the Massachusetts Housing Partnership (MHP) to evaluate whether the Central Business (B5) zoning district is in compliance with Section 3A. MHP concluded it appears the B5 is in compliance. In the coming weeks, the Department of Housing and Community Development (DHCD) will release the formal application for communities to demonstrate they are in compliance with Section 3A. Impact of Section 3A on Inclusionary Zoning On October 21, 2022 DHCD published revised Compliance Guidelines for Multi-family Zoning Districts Under Section 3A of the Zoning Act. Per the revised guidelines, if the zoning district requires residential units to be affordable below 80% of the area median income (AMI) then the process is not considered “as of right” therefore would not be in compliance with Section 3A. However, the guidelines state that it will allow for affordability deeper than 80% AMI at the discretion of DHCD if the affordability requirements applicable in the multi-family zoning district are supported by an economic feasibility analysis, prepared for the municipality by a qualified and independent third party acceptable to DHCD, and using a methodology and format acceptable to DHCD. To that end, the inclusionary housing ordinance will not be filed 10 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE until after an economic feasibility study is prepared. Planning staff has applied for technical assistance through the Metropolitan Area Planning Council (MAPC) to assist with an economic feasibility analysis. If you have any questions regarding this, please contact Deputy Director of Planning & Community Development, Amanda Chiancola at 978-619-5685 or achiancola@salem.com Thank you for your attention to this matter. Sincerely, Robert McCarthy Acting Mayor City of Salem Attachments: - MHP Technical Memorandum (see Council backup documentation) Action Contemplated Councillor Morsillo Moved Received and Filed Voted 11 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Councillor Cohen In City Council, February 23, 2023 Ordered: WHEREAS, climate change is in part caused by humans’ combustion of fossil fuels; and WHEREAS, Salem is an environmental justice and Gateway community, one of the most vulnerable to climate change on the North Shore, with the most precarious areas housing a high ratio of marginalized communities; and WHEREAS, the findings of the Resilient Together, a Salem and Beverly joint venture, demonstrate the built environment is the largest contributor to greenhouse gas emissions and the concept that making properties sustainable is a financial burden is a myth, especially with the state goal of converting 1 million homes to electric in the Roadmap Climate Bill; and WHEREAS, net-zero emissions building construction is an established, achievable standard, demonstrated through proposed and constructed buildings in Salem, utilizing energy efficient building design such as a Passive House and LEED and including but not limited to renewable thermal technologies, building electrification with no on-site combustion of fossil fuels, on-site renewable energy systems, and offsite renewable energy purchases. NOW THEREFORE, it is hereby 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 authorizing the City of Salem to adopt and enforce local regulations restricting new fossil fuel infrastructure in certain construction. SECTION 1. Consistent with Chapter 179, Section 84 of the Acts of 2022 An Act Driving Clean Energy And Offshore Wind and notwithstanding any general or special law or rule or regulation to the contrary, the city of Salem is authorized to adopt or amend general or zoning ordinances that require new building construction or major renovation projects, as defined by the city’s general or zoning ordinance, to be fossil fuel-free and enforce restrictions and prohibitions on new building construction and major renovation projects that are not fossil fuel-free, including through the withholding or conditioning of building permits. 12 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS SECTION 2. As used in this Act, the term “fossil-fuel-free” shall mean new building construction or major renovation that results in an entire building that does not utilize coal, oil, natural gas, other fuel hydrocarbons, or other fossil fuels in support of its operation after construction. SECTION 3. This act shall take effect upon its passage. Action Contemplated Councillor Cohen Moved Adoption by RCV Yea Nay Abs Councillor Dominguez Resolution: RESOLUTION: DOMINICAN REPUBLIC INDEPENDENCE DAY WHEREAS: The Dominican Flag Committee of Salem will celebrate the raising of the Dominican Flag at Lafayette Park to Celebrate the raising of the Dominican flag that marks Dominican Republic’s 179th Anniversary of Independence; and WHEREAS: The Dominican Community has dedicated this celebration of independence to Dominican Republic’s men and women who have distinguished themselves in different disciplines in the City of Salem; and WHEREAS: The Dominican community has established itself through the efforts of many Dominicans in business, sports, politics, education, and many other disciplines and have exhibited their pride, passion and love of family, religion, and commitment to hard work; and WHEREAS: The Dominican community enriches the City of Salem by promoting the rich Dominican culture through music, dances, and the arts; and WHEREAS: The City of Salem recognizes that supporting the Latinx community will lead to greater continued equality for all residents and help strengthen our City; and WHEREAS: The Dominican Flag Raising will take place at Lafayette Park on Friday, February 24, 2023, at 5:00 P.M. in anticipation of Dominican Republic Independence Day; and 13 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS NOW, THEREFORE, We, the Salem City Councillors, and Mayor Robert K. McCarthy do hereby proclaim February 27th, 2023, as DOMINICAN REPUBLIC INDEPENDENCE DAY and call upon our public officials, educators, librarians, and all Salem Residents to observe this month with appropriate ceremonies, activities, and programs here in Salem and beyond the borders of our Commonwealth. Action Contemplated Councillor Dominguez Moved Adoption by RCV Yea Nay Abs Councillor Cohen 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: Ocean Avenue - in front of #69 Ocean Ave. 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 Cohen Moved adoption for first passage Voted 14 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS 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 51 of Article V be amended by inserting the following: Lafayette Street – Parking Prohibited on Certain Streets – Easterly side, from intersection with Palmer Street, extending southward for 45 feet. Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Prosniewski Moved Adoption for first passage Voted Councillor Watson-Felt/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 50A of Article V be amended by repealing the following: Riley Plaza – Handicapped Parking Zones – east parking lot, easterly side from a point approximately eighty-six (86) feet north of the southern most point of the lot and extending in a northerly direction for a distance of approximately twenty-four (24) feet. (2/14/94) Riley Plaza – Handicapped Parking Zones – east parking lot, easterly side from a point twenty-three (23) feet north of the southern most point of the lot and extending in a northerly direction for a distance of approximately twenty-four (24) feet. (2/14/94) 15 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Riley Plaza – Handicapped Parking Zones – east parking lot, easterly side from the north intersection with Dodge Street and extending in a northerly direction for a distance of approximately twenty-four (24) feet. (2/14/94) Riley Plaza – Handicapped Parking Zones – west parking lot, row one located at the northern most end of the parking lot, extending from the Margin Street side of the lot for a distance of approximately forty (40) feet. (2/14/94) Riley Plaza – Handicapped Parking Zones – west parking lot, row twelve located at the southern most end of the parking lot, extending from the Margin Street side of the lot for a distance of approximately fourteen (14) feet in an easterly direction. (2/14/94) Riley Plaza – Handicapped Parking Zones – east parking lot, easterly side from the northern most point of the lot and extending in a southerly direction for a distance of approximately twenty-four (24) feet. (2/14/94) And inserting: Washington Street Lot – Handicapped Parking Zones – Two spaces at the southeast corner of the Washington Street Lot, adjacent to Dodge Street, and two spaces at the northeast corner of the lot, adjacent to New Derby Street. Riley Plaza Lot – Handicapped Parking Zones – Three spaces at the northwest corner of the lot, adjacent to Margin Street, and one space at the southwest corner of the lot, adjacent to Mill Street and Margin Street. Section 2. Section 56 of Article V be amended by repealing the following: Riley Plaza – Parking Meter Zones Established – east and west parking lots, all spaces shall be metered. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – east parking lot, easterly side from a point forty-eight (48) feet north of the southern most point extending in a northerly direction for a distance of approximately thirty-eight (38) feet. Four (4) hour parking. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – east parking lot, easterly side from the intersection of Dodge Street extending in a southerly direction approximately sixty-eight (68) feet. Four (4) hour parking. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – east parking lot, easterly side from a point twenty-eight (28) feet north of the intersection of Dodge Street extending in a 16 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS northerly direction approximately one hundred (100) feet. Four (4) Hour Parking. (2/14/94) (4/23/09) (7/14/11) Riley Plaza – Parking Meter Zones Established – east parking lot, easterly side from the southern most point extending in a northerly direction approximately twenty-three (23) feet. Four (4) hour parking. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – east parking lot, westerly side for the entire length of the parking lot running parallel to Washington Street. Four (4) hour parking. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – west parking lot, located on the east side of the MBTA Fan building running parallel to Washington Street. Four (4) hour limit. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – west parking lot, located on the east side of the MBTA Fan building running parallel to Washington Street. No time limit. (2/14/94) Riley Plaza – Parking Meter Zones Established – west parking lot, rows seven, eight, nine, ten and eleven of parking beginning approximately one hundred and ninety (190) feet from the northern-most end of the lot. Four (4) hour limit. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – row twelve of parking. No time limit. (7/14/11) Riley Plaza – Parking Meter Zones Established – west parking lot, rows three, four, five and six of parking beginning approximately seventy (70) feet from the northern most end of the lot and extending approximately one hundred and twenty (120) feet in a southerly direction. All four rows will be four (4) hour metered parking. (2/14/94) (7/14/11) Riley Plaza – Parking Meter Zones Established – west parking lot, first and second row of parking approximately forty-five (45) feet from northern most end of lot, the entire rows will be one (1) hour metered parking, excluding handicap spaces. (2/14/94) (1-10-13) Riley Plaza East – Parking Meter Zones Established – easterly side, in its entirety (not including Handicap Zones) Parking Metered Zone, Four (4) Hour Limit. (7/14/11) 17 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Riley Plaza East – Parking Meter Zones Established – westerly side, in its entirety (not including Handicap Zones) Parking Metered Zone, Four (4) Hour Limit. (7/14/11) Section 3. Section 57C of Article V be amended by repealing the following: Monthly parking zones are established on the streets or parts of streets designated in this section. No person shall park a vehicle in a monthly zone without the appropriate monthly zone pass between the hours of 8:00 A.M. to 6:00 P.M. Monday through Saturday, and between the hours of 12:00 P.M. and 6:00 P.M. on Sunday. This restriction shall not apply during the hours of legal holidays during which business establishments are required by law to remain closed. (7/14/11) ( 7/9/20 ) Riley Plaza – Parking Time Limited: Monthly Zones – west parking lot, rows 3, 4, 5, 6, 7, 8, 9, and 10 (from northern-most end) and spaces east of MBTA fan house (7/14/11) Riley Plaza – Parking Time Limited: Monthly Zones – east parking lot, western row of parking (closest to Washington Street), southern-most 20 spaces (7/14/11) And inserting: Monthly parking zones are established for both on- and off-street parking areas designated in this section. No person shall park a vehicle in a monthly zone without the appropriate monthly zone pass between the hours of 8:00 A.M. to 6:00 P.M. Monday through Sunday. This restriction shall not apply during the hours of legal holidays during which business establishments are required by law to remain closed. Riley Plaza Lot - Parking Time Limited: Monthly Zones – Entirety of Riley Plaza parking lot, except accessible and carshare spaces. 18 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Section 4. Section 17A of Article I be amended by inserting the following: Section 57C – $25.00 fine/$75.00 fine during month of October for violation of Parking Time Limited; Monthly Zone Section 5. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Watson-Felt/Cohen Moved adoption for first passage Voted Councillor Watson-Felt/Cohen Ordered: The fee to purchase a monthly permit to park in the Riley Plaza parking lot shall be $50.00. Permit holders will be permitted to park in the lot Monday through Sunday 8:00 A.M. to 6:00 P.M. Action Contemplated Councillor Watson-Felt/Cohen Moved adoption Voted 19 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING COMMITTEE REPORTS Councillor Varela offered the following report for the Committee on Administration and Finance Public Health, Safety and Environment co-posted with the Committee of the Whole to whom it was referred the matter of meeting with Mr. James Davis from Bay Staters for National Medicine to discuss legalizing certain plant medicines, has consider said matter and would recommend (Action unknown as meeting held after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted 20 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS Election Order submitted by the City Clerk for the Special Preliminary Election to be held on March 28, 2023 In City Council, February 23, 2023 ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the City at the polling places designated hereinafter on Tuesday, March 28, 2023, for the purpose of casting votes in the City’s Special Preliminary Election for the election of candidates for the following office: ORDENÓ: Que las reuniones de los votantes calificados de la ciudad de Salem se llevarán a cabo en los varios recintos de votación en la ciudad en los lugares de votación designados a continuación el martes 28 de marzo de 2023, con el propósito de emitir votos en la Elección Preliminaria Especial de la Ciudad para la elección de candidatos para el siguiente cargo: Mayor: to fill vacancy due to the resignation of Kimberley Driscoll Alcalde: para llenar la desocupación provocada por la renuncia de Kimberley Driscoll AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: Y SE ORDENE ADEMÁS: Que los siguientes lugares sean y por la presente sean designados como lugares de votación para dichas reuniones: WARD ONE / DISTRITO UNO Precinct 1 Bentley Academy Gymnasium, 25 Memorial Drive Recinto 1 Gimnasio, Escuela Bentley Academy, 25 Memorial Drive Precinct 2 Community Room, 135 Lafayette Street Recinto 2 Sala Comunitaria, 135 Lafayette Street WARD TWO / DISTRITO DOS Precinct 1 & 2 Community Life Center, 401 Bridge Street Recinto 1 & 2 Centro De Vida Comunitaria, 401 Bridge Street WARD THREE / DISTRITO TRES Precinct 1 & 2 Salem High School Auditorium, 77 Willson Street Recinto 1 & 2 Auditorio, Salem High School, 77 Willson Street WARD FOUR / DISTRITO CUATRO Precinct 1 & 2 Witchcraft Heights School Gymnasium,1 Frederick Street Recinto 1 & 2 Gimnasio, Escuela Witchcraft Heights, 1 Frederick Street WARD FIVE / DISTRITO CINCO Precinct 1 & 2 Saltonstall School Auditorium, 211 Lafayette Street Recinto 1 & 2 Auditorio, Escuela Saltonstall, 211 Lafayette Street 21 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS WARD SIX / DISTRITO SEIS Precinct 1 & 2 Bates School Gymnasium, 53 Liberty Hill Avenue Recinto 1 & 2 Gimnasio, Escuela Bates School, 53 Liberty Hill Avenue WARD SEVEN / DISTRITO SIETE Precinct 1 & 2 Salem State Enterprise Center, 121 Loring Avenue Recinto 1 & 2 Salem State Enterprise Center, 121 Loring Avenue AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law. Y SE ORDENE ADEMÁS: Que las urnas en dichas reuniones se abran a las 7:00 a.m. y se cierren a las 8:00 p.m. y que se instruya a la Secretaria de la Municipal para que publique este aviso como lo exige la ley. Action Contemplated Councillor Prosniewski Moved Adoption Voted 22 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING PETITIONS The Following License Applications: PUBLIC GUIDES: David Molinet 30 Franklin St., Salem Brian McCarron PO Box 129, Beverly Scott Freenman 44 Northridge, Beverly Vijay Joyce 107 Preston Pl., Beverly Stacy Wasserboehr 9 Palmer Hill Ave., Reading Alicia Diozzi 40 English St., Salem Kathleen Halecki-Ellis 111 Essex St., Beverly Courtney Reardon 151 Lambtown Rd., Ledyard, CT Julia Gleason 61 Wheelwright Farm, Cohasset Joyce O’Brien 4 Winter Island Rd., Salem Daniel Minkle Fury 126 Federal St., Salem TAXI OPERATORS: Indy Espinal 135 Lafayette St., Salem John Reynaldo Reyes 11 Abbott St., Salem Roberto Gutierrez 403 Lafayette St., Salem Glennys Garcia De Fabian 22 Pulaski St., Salem Delfa Yohanys Fabian Gomez 32 Rainbow Terr., Salem Luis Jimenez Munoz 5 Porter St., Salem Juan Marcos Vidal 196 Loring Ave., Salem Ramon Guzman 45 Walsh Ave., Peabody Dagoberto Diaz 81 Orton Marotta Way, South Boston Juan Pimentel Lugo 34 Prince St., Salem Action Contemplated Councillor Morsillo Moved Granted Voted The Following License Applications: TAG DAYS: Salem Little League May 13th, June 3rd, June 17th Action Contemplated Councillor Morsillo Refer to Comm. on Ord., Lic. & Voted Legal Affairs 23 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING PETITIONS The Following Claims: Gerardo Manzo 330 Paradise Rd., Swampscott Sydney Farber 16 Rockdale Ave., Salem Dan Glennon 12 Gardner St., Salem Barbara Norton 16 High St., Salem Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affairs The Following Drainlayer/Contract Operator Licenses: Pumel Enterprises, Inc 116 Rabbit Rd., Salisbury Action Contemplated Councillor Morsillo Moved Granted Voted 24 CITY OF SALEM FEBRUARY 23, 2023 REGULAR MEETING UNFINISHED BUSINESS SECOND PASSAGE - ZONING ORDINANCE AND MAP AMENDMENT TO REZONE A PARCEL AT 67 DERBY STREET In the year two thousand and twenty-two An Ordinance to amend an Ordinance and Map relative to Zoning Be it ordained by the City Council of the City of Salem, as follows: Section 1. The City of Salem Zoning Map in accordance with the requirements of Massachusetts General Laws, Chapter 40A, Section 5, that the following parcel located in Residential Two Family (R2) and Industrial (I) districts be rezoned to the Industrial (I) district. Address Assessor’s Map and Lot Number 67 Derby Street Assessor’s Map 41, Parcel Lot Number 0339 Section 2. This Ordinance shall take effect as provided by City Charter Action Contemplated Councillor Morsillo Moved Adoption for second passage by RCV Yeas Nays Abs On the motion of Councillor Morsillo the meeting adjourned at P.M.

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