City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall July 11, 2023 MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting in-person on Thursday, July 13, 2023, at 7:00 P.M. in the Council Chambers, 93 Washington Street, 2nd floor for the purpose of discussing any and all business. In-Person shall be the primary method of public access to such meetings. A secondary method of public access may be provided, if technologically feasible through Salem Access Television, and/or remotely through Zoom. See below for remote access and SATV information. Please click the link below to join the webinar: https://us02web.zoom.us/j/87256328608?pwd=SFNEeWIzK3RGM0lOaEFaSElsdXVodz09 Password: 565533 Go to the website link https://zoom.us/join. Enter Webinar ID: 872 5632 8608 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#: 872 5632 8608 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. Please note that it is the intent of the City Council that its meetings be available to the public in person, remotely and through Salem Access Television. 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 JULY 13, 2023 REGULAR MEETING A Regular Meeting of the City Council was held in-person on Thursday, July 13, 2023, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on July 11, 2023, at 12:21 P.M. This meeting is being recorded and is live on S.A.T.V. and Zoom unless technological issues interrupt the transmission. 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. Sign up must occur 30 minutes prior to meeting. How to Sign Up: You may participate in Public Testimony in-person or remotely, if technologically feasible. 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 requests information such as your name, address, and whether you will attend in person or remotely. If the on-line form is not available due to technology issues, you must use option #2. In addition, if you plan have signed up to speak on zoom, we will allow you to speak as long as it is technologically feasible. 2. You may also sign the roster in the City Clerk’s Office, no later than 6:30 P.M. on the date of the meeting.  3 CITY OF SALEM JULY 13, 2023 REGULAR MEETING HEARINGS NONE  4 CITY OF SALEM JULY 13, 2023 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s Appointment of the following to the Bicycling and Shared Path Advisory Committee: Dr. Charles Heaps 10 Williams St. #C4, Term to Expire January 14, 2025 Mr. Joshua Nagle 35 Washington Sq. #2, Term to Expire February 11, 2025 Action Contemplated Councillor Watson-Felt Move Confirmation by RCV Yeas Nays Abs Held from the last meeting the Mayors Re-Appointment of Helen Sides 35 Broad St, to the Planning Board with a term to expire June 28, 2028. Action Contemplated Councillor Morsillo Moved Confirmation by RCV Yeas Nays Abs  5 CITY OF SALEM JULY 13, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of One Million Six Hundred Ninety-Three Thousand Nine Hundred Seventy-Two Dollars and Fifty Cents ($1,693,972.50) is hereby transferred to the accounts as provided below to cover remaining final FY2023 costs necessary to close the fiscal year in accordance with the recommendation of His Honor the Mayor.  6 CITY OF SALEM JULY 13, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR TO ACCOUNT: FROM ACCOUNT: Org/Obj Dept Account Amount Org/Obj Dept Account Amount 19121-5172 Human Resources Workers' Comp $ (42,000.00) 11911-5178 Contributory Pension Assessment $ 42,000.00 Medicals Retirement ORG TOTAL $ (42,000.00) TRANSFER IN TOTAL $ 42,000.00 19191-5177 Treasurer Medicare $ (110,000.00) 11911-5178 Contributory Pension Assessment $ 87,000.00 Retirement 19131-5173 Human Resources Unemployment $ 18,000.00 12411-5111 Public Properties Full-Time Salaries $ 5,000.00 ORG TOTAL $ (110,000.00) TRANSFER IN TOTAL $ 110,000.00 TOTAL $ (1,693,972.50) TOTAL $ 1,693,972.50 Councillor McClain Suspension of the Rules Councillor Objection Action Contemplated Councillor McClain Refer to Admin. & Finance under the rules OR Moved Adoption Voted ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) is hereby appropriated within the “Capital Outlay” account (20002420-5846HM) for software upgrade costs and trail maintenance associated with the Heritage Trail initiative in accordance with the recommendation of His Honor the Mayor. Councillor McClain Suspension of the Rules Councillor Objection Action Contemplated Councillor McClain Refer to Admin. & Finance under the rules OR Moved Adoption Voted  7 CITY OF SALEM JULY 13, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: To accept the in-kind donation from Salem Native Nursery in the amount of One Thousand Seven Hundred and Five Dollars ($1,705.00) for the treatment of certain trees against the ash borer infestation on North Street in accordance with the recommendation of His Honor the Mayor. Action Contemplated Councillor McClain Refer to Admin. & Finance under the rules OR Moved Adoption Voted Resolution in Support of Access to Counsel in Eviction Cases and Eviction Sealing Appeals to Promote Housing Opportunity and Mobility WHEREAS: ● Eviction case filings between January - June 2023 in Housing Court statewide are surpassing the number of eviction filings pre-pandemic; ● Over 96% of tenants in the Commonwealth facing a non-payment eviction in Housing Court are unrepresented, while 90% of landlords are represented; ● Northeast Legal Aid (NLA) represents and advises Salem residents about their eviction cases, but the need is far greater than the funding for NLA permits, and many tenants are turned away; ● Most tenants are unaware of their rights and legal protections both in and out of the courtroom; ● Access to critical legal resources, guidance, and support from a legal advocate prior to an eviction proceeding can protect people from being displaced by an eviction, prevent homelessness, and create a path to housing stability; ● The following ‘Access to Counsel’ bills, entitled “An Act promoting access to counsel and housing stability in Massachusetts,” have been refiled for the 2023 Legislative Session: S.864, which is before the Housing Committee, filed by Senator Sal N. DiDomenico and H.1731, which is before the Judiciary Committee, filed by Representatives David M. Rogers and Michael S. Day. Since 1988, over 1 million such eviction cases have been filed in Massachusetts and once filed become part of that tenant’s eviction record, documenting the tenant’s history of ever having sued or been sued by a landlord;  8 CITY OF SALEM JULY 13, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ● Regardless of outcome or underlying basis for a court filing, possessing any record of an eviction filing can affect a tenant’s ability to secure housing, no matter how old the record is; ● In 2013, the Massachusetts Trial Court began placing eviction record information online, making a tenant’s court record free and easily accessible, ● Landlords and tenant screening companies, routinely recommend rejections of tenants for having been in court, regardless of the outcome of the case or proof of clerical error; and ● Many landlords routinely file a notice to quit simply as a matter of course at the conclusion of a tenancy, and are unaware of the collateral consequences of eviction records or of the growing record of evictions they themselves are accumulating; ● Bills H. 1690 and S.956 ‘promoting housing opportunity and mobility through eviction sealing (HOMES),’ sponsored by Representative Michael Moran and Senator Lydia Edwards respectively, are before the Judiciary Committee; ● These bills would protect tenants from being unfairly branded with an eviction record for life by allowing tenants to petition the court to seal their eviction records. . NOW THEREFORE BE IT RESOLVED that the City of Salem hereby states its support of access to counsel in eviction proceedings and joins our state Senator Joan Lovely and Representative Manny Cruz who are co-sponsors, in supporting the acts establishing and ensuring those rights: S.864 and H.1731. BE IT FURTHER RESOLVED that the City of Salem also hereby supports with co-sponsors Senator Lydia Edwards and Representative Michael Moran S.956 and H.1690, the acts to promote housing opportunity and mobility through eviction sealing. BE IT FURTHER RESOLVED that the City of Salem urges the Massachusetts State Legislature to enact pending “Access to Counsel” and “eviction sealing” legislation to ensure greater housing stability for Salem residents, and that a copy of this Resolution be sent by the City Clerk to Salem’s State Representative and State Senator. Action Contemplated Councillor Watson-Felt Moved Adoption by RCV Yeas Nays Abs  9 CITY OF SALEM JULY 13, 2023 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  10 CITY OF SALEM JULY 13, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS ORDERED: That the Committee on Ordinances, Licenses and Legal Affairs shall meet, prior to the first regular meeting of the City Council in September 2023, for the purpose of drafting, with the assistance of the Solicitor, DEI Director, Purchasing Agent and City Planner, a Wage Theft Ordinance to be filed with the Council for its first meeting in September. Wage theft, the improper withholding of payment from employees, impacts low income, immigrant, and limited English proficient workers who are most vulnerable. The Ordinance shall require City vendors to certify their compliance with federal and state wage laws, to report violations and provide a wage bond, and strengthen the City’s ability to hire vendors that treat their employees fairly. It shall also prohibit City departments from contracting with debarred vendors and require that potential and current recipients of tax relief agreements and licenses issued under Massachusetts G.L. chapter 138 and chapter 140 comply with applicable wage laws. Action Contemplated Councillor Cohen Moved Adopted Voted ORDERED: That the Committee on Community and Economic Development meet to discuss the creation of a zoning overlay relative to food trucks, and temporary food vendors in the City of Salem. Action Contemplated Councillor Varela Moved Adopted Voted  11 CITY OF SALEM JULY 13, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS 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. Article I is hereby amended by repealing the following to Section 17A: Section 62 - Deposit of coins required to use parking spaces; unused time. $25 And replacing it with: Section 62 - Deposit of coins required to use parking spaces; unused time. $25 Fine/$75 Fine during weekends in October Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved Adoption for first passage Voted In the year Two Thousand and Twenty-three An Ordinance to amend an Ordinance relative to Traffic, Ch. 42 Sec. 50B 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: Lemon Street - in front of #11 Lemon Street running in a westerly direction 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 Watson-Felt Moved Adoption for first passage Voted  12 CITY OF SALEM JULY 13, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS 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: Cedar Crest Avenue – Parking Prohibited on Certain Streets - easterly side, beginning at the intersection of Loring Avenue and running in a northerly direction for a distance of fifty-two (52) feet. No parking. Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Varela Moved Adoption for first passage Voted  13 CITY OF SALEM JULY 13, 2023 REGULAR MEETING COMMITTEE REPORTS Councillor Prosniewski offered the following report for the Committee on Government Services co-posted with the committee of the Whole and the Board of Registrars to whom it was referred the matter of a Home Rule Petition for a Charter Change relative to Rank Choice Voting has considered said matter and would recommend (action unknown as meeting was held after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted  14 CITY OF SALEM JULY 13, 2023 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE  15 CITY OF SALEM JULY 13, 2023 REGULAR MEETING PETITIONS Request from residents of Broad St. (between Jackson St. & Dalton Pkwy) to hold a Block Party on September 9, 2023, from 2:00 PM – 8:00PM (Rain Date: September 10, 2023) Action Contemplated Councillor Morsillo Moved Granted Voted The Following License Applications: LIMOUSINE/TAXI CAB: Salem Taxi 30 Federla St., Salem (3 Limos) Americab Taxi Inc., 92 Jackson St., Salem (7 Taxi’s) PUBLIC GUIDES: Xera Quattromani 254 Lynnway, Lynn Justine Gambale 11 English St., Salem Oliver Hudson Morton 26 Harris Rd., Medford Ellen Pariser 135 North St., Salem Jason Roberts 17A Bonair Ave., Hampton NH TAXI OPERATORS: Johnny Fabian Polanco 52 Ward St., Salem Tony Moreta 414 Essex St., Salem Christopher Dugan 73 Harbor St., Salem Miguel Jimenez 15 Leach St., Salem Jaileny Pimentel 34 Prince St., Salem Andrea Meola 6 Reed Rd., Peabody VEHICLE FOR HIRE: Jennifer Kaden 7 Park St., Peabody OPERATORS ONLY Action Contemplated Councillor Morsillo Moved Granted Voted  16 CITY OF SALEM JULY 13, 2023 REGULAR MEETING PETITIONS The Following License Applications: TAXI OPERATORS: William Brennan 50 Warren St., Peabody Action Contemplated Councillor Morsillo Moved Denied Voted The Following Claims: Leonardo Ferreira 9 Dyer Ct., Danvers Kelsey Stiefel 32 Ward St., Salem Bruce Krasker 65 Gregory St., Marblehead Sarah Tuvim 4 Harvard St., Gloucester Amy Gibbons 17 Cedarview St., Salem Ho Ngugen 259 Canal St., Salem Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affairs  17 CITY OF SALEM JULY 13, 2023 REGULAR MEETING UNFINISHED BUSINESS Second Passage of an Ordinance amending an Ordinance relative to traffic – October Resident Parking 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 75A – Parking prohibitions towing zone (October resident parking) of Article V-A is hereby amended by repealing the following Section A - Temporary October Resident Permit Parking: Essex Street from Cambridge Street to Summer Street And inserting the following: Lynch Street from Congress Street to Perkins Street Section 2. Section 75A – Parking prohibitions towing zone (October resident parking) of Article V-A is hereby amended by deleting the following: Section D - Free Weekend Parking for Salem Residents. The Church Street West Lot and the City of Salem Lot at the MBTA Station shall be made available for use by Salem residents free of charge on weekends in October. Nonresidents seeking to park at the Church Street West Lot on weekends in October shall be charged a rate of $30.00. Section 3 This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor McCarthy Moved adopted for second passage Voted  18 CITY OF SALEM JULY 13, 2023 REGULAR MEETING UNFINISHED BUSINESS Second Passage of an Ordinance amending an Ordinance relative to traffic for Lafayette Street 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 is hereby amended by deleting the following in their entirety: Lafayette Street – Parking Prohibited on Certain Streets – extending seventy (70) feet in a southerly direction from New Derby Street, westerly side. (4/24/79 DPW 3546) Lafayette Street – Parking Prohibited on Certain Streets – extending sixty-five (65) feet in a northerly direction from New Derby Street, westerly side. (4/24/79 DPW 3546) And inserting in place thereof the following: Lafayette Street – Parking Prohibited on Certain Streets – extending fifty (50) feet in a southerly direction from New Derby Street, westerly side. Lafayette Street – Parking Prohibited on Certain Streets – extending forty-five (45) feet in a northerly direction from New Derby Street, westerly side. Section 2. Section 56 of Article V is hereby amended by deleting the following in their entirety: Lafayette Street – Zones Established – westerly side from New Derby Street and Harbor Street (not including Handicap Zones or restricted areas), "Metered Zones Established", two (2) hour limit. (10/11/12) And inserting in place thereof the following: Church Street – Parking Meters Zones Established – southerly side, from a point beginning one-hundred and sixteen (116) feet easterly from Washington Street and extending easterly for a distance of forty (40) feet. Fifteen (15) minute limit. Lafayette Street – Parking Meters Zones Established – westerly side from New Derby Street to Dodge Street. Two (2) hour limit. Lafayette Street – Parking Meters Zones Established – westerly side from a point sixty-four (64) feet south of Dodge Street to Harbor Street. Two (2) hour limit.  19 CITY OF SALEM JULY 13, 2023 REGULAR MEETING UNFINISHED BUSINESS Washington Street – Parking Meters Zones Established - easterly side, beginning from a point one-hundred and ten (110) feet south of Church Street and extending in a southerly direction for a distance of forty (40) feet. Fifteen (15) minute limit. Washington Street - Parking Meters Zones Established - westerly side, beginning at a point 20 feet north of Lynde Street and extending in a northerly direction for a distance of forty (40) feet. Fifteen (15) minute limit. Washington Street – Parking Meters Zones Established – easterly side, from a point fifty-five (55) feet south of Front Street, extending in a southerly direction for eighteen (18) feet (two (2) pull-in parking spaces), fifteen (15) minute parking limit. Section 3. Section 57A of Article V is hereby amended by inserting the following: Lafayette Street – Parking Time Limited: Unmetered Zones – westerly side, beginning at a point 20 feet south of Dodge Street and extending in a southerly direction for forty (40) feet. Fifteen (15) minute limit. Section 4. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Moved adoption for second passage Voted On the motion of Councillor McCarthy the meeting adjourned at P.M.