City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall September 12, 2023 MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting in-person on Thursday, September 14, 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/81461334919?pwd=ZnhyQlZtZkhLTm5vNlVneC9rS1ljdz09 Password: 471881 Go to the website link https://zoom.us/join. Enter Webinar ID: 814 6133 4919 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#: 814 6133 4919 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 SEPTEMBER 14, 2023 REGULAR MEETING A Regular Meeting of the City Council was held in-person on Thursday, September 14, 2023, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 12, 2023, at 10:14 A.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 SEPTEMBER 14, 2023 REGULAR MEETING HEARINGS NONE  4 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s Appointment of Laurie Biel of 24 Celestial Way to the Beautification Committee, with a term to expire on July 13, 2026. Action Contemplated Councillor Morsillo Move Confirmation by RCV Yeas Nays Abs The Mayors appointment of Vincent DiSipio to the position of Assistant Treasurer for the City of Salem with a term to expire January 31, 2026. Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor Hapworth Held Under the Rules The Mayors appointment of Jason Sydoriak of 20 Hathorne St. to the Affordable Housing Trust Fund Board with a term to expire January 25, 2024. Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor Morsillo Held Under the Rules The Mayors appointment of Alphonse Wright of 12 Hancock St. to the Food Policy Council with a term to expire September 14, 2026. Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor Cohen Held Under the Rules  5 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayors appointment of Aaron Paternoster of 14 Phelps St. to Salem Housing Authority with a term to expire March 28, 2024. Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor Morsillo Held Under the Rules The Mayors appointment of Chris Catone of 10 Vista Ave. to the Sustainability, Energy and Resiliency Committee with a term to expire September 14, 2026. Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor McClain Held Under the Rules The Mayors appointment of Gregory St. Louis of 24 Sunset Rd to the Conservation Commission with a term to expire September 14, 2026. Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Held Under the Rules The Mayors appointment of Mark Meche of 1 Lowel St. to the Historical Commission with a term to expire September 14, 2026. Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor McCarthy Held Under the Rules  6 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayors appointment of the following to the Scholarship and Education Committee with a term to expire September 14, 2026. Andrew Boucher 2 Lillian Rd Heather Lang 43 Osgood St Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor Hapworth Held Under the Rules The Mayors appointment of the following to the Bicycling and Shared Path Advisory Committee with a term to expire September 14, 2026. Catherine Seiforth 18 Buffum St Alexandra Maranto 14 Burnside St Councillor Suspension of the Rules Councillor Object Action Contemplated Councillor Hapworth Held Under the Rules  7 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Three Hundred Sixty Thousand, Seven Hundred Twenty-Nine Dollars and Thirty-One Cents ($360,729.31) be approved within the “Retirement Stabilization Fund- Vacation/Sick Leave Buyback” account (83113-5146) to be expended for the contractual buyback(s) listed below in accordance with the recommendation of His Honor the Mayor. Name Department Amount Salem Police Robert Cunningham $53,996.80 Department Salem Police John Doyle $71,147.68 Department Salem Police William Riley $27,541.64 Department Salem School Joan Iannaccone $28,272.64 Department Salem School $39,169.60 Nancy Meacham Department Salem School $38,644.00 Gail Titus Department Salem School $40,130.40 Julie Costa Department Salem School $6,988.95 Annette Vitello Department Salem School $18,422.40 Amy Richardson Department Salem School $36,415.20 Paige Covello Department $360,729.31 Councillor McClain Suspension of the Rules Councillor Objection Action Contemplated Councillor McClain Refer to Admin. & Finance under the rules OR Moved Adoption Voted  8 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: The City of Salem hereby accepts the donation of $3,225.00 from the Salem Art Gallery for the purposes of funding the purchase of two additional bicycles for the Salem Police Department and the maintenance and repair of existing Police Department bicycles. Action Contemplated Councillor McClain Moved Adoption Voted ORDERED: That the City of Salem accept the following donations in accordance with the recommendation of His Honor the Mayor: One Thousand Five Hundred Dollars ($1,500.00) from Artem Starovoytov. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061- 4830) for a standard bench. One Thousand Two Hundred Dollars ($1,200.00) from Katherine Blake. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061-4830) for a standard bench. One Thousand Two Hundred Dollars ($1,200.00) from Susan E. Morneau and Paul Morneau. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061-4830) for a standard bench. One Thousand Dollars ($1,000.00) from Elaine Bonaiuto of Beverly in honor of her sister. The donation is to be deposited into the Council on Aging Donation Fund 2401 (24011-4830) to support programming for Salem seniors. Action Contemplated Councillor McClain Moved Adoption Voted  9 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Ordered: That a petition to the General Court, accompanied by a bill for authorization to employ automated enforcement of speed limit violations in designated school zones within the city of Salem 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 the intent of this home rule petition: AN ACT authorizing the City of Salem to employ automated enforcement of speed limit violations in designated school zones within the city of Salem. Be it enacted by the Senate and House of Representatives in General Court Assembled, and by the authority of the same as follows: AUTOMATED ENFORCEMENT OF SPEED LIMIT VIOLATIONS IN DESIGNATED SCHOOL ZONES WITHIN CITY OF SALEM Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:- "Automated Road Safety Camera System" shall mean an automated motor vehicle sensor device installed which produces digital photographs and may record the speed of each motor vehicle at the time it is operated in a manner that is in violation of traffic laws and regulations where the automated road camera safety system is located. “Camera Enforceable Violation” shall mean a violation of the traffic laws which may be enforced by an automated road safety camera system, limited to exceeding the speed limit pursuant to section 17 or section 18 of chapter 90 while travelling in a designated school zone. “City” shall mean the City of Salem, Massachusetts. “Designated School Zone” shall mean within 300 feet of the real property comprising a public or private accredited preschool, accredited Head Start facility, elementary, vocational or secondary school if the violation occurs between 5:00 a.m. and midnight, whether or not school is in session. Section 2. (a) The City of Salem may employ an automated road safety camera system as a means of promoting traffic safety in a designated school zone, which may be fixed along any portion of any ways within a designated school zone its control, or within a designated school zone in the control of the commonwealth with written permission from the department of transportation and may impose a penalty on the owner of a motor vehicle for failure by the operator thereof to comply with traffic laws and regulations. (b) The City may employ no more than two fixed automated road safety camera systems per designated school zone.  10 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Section 3. (a) The maximum fine imposed for a violation issued pursuant to this chapter shall be twenty five dollars per violation. For violations issued pursuant to this chapter, except as provided in section 4, the owner or owners of a vehicle shall be liable for the fine, however, no owner of a vehicle shall be responsible for a violation issued pursuant to this chapter where the operator of the motor vehicle was issued a citation for the underlying violation in accordance with section 2 of chapter 90C of the General Laws. The city may send a written warning to the owner or owners in lieu of enforcement for the purpose of education. (b) A certificate, or a facsimile thereof, based upon inspection of photographs and data produced by an automated road safety camera system, and sworn to or affirmed by the police department or designee authorized to issue citations for violations of traffic laws and regulations, shall be prima facie evidence of the facts contained therein. (c) A violation issued by the city shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall such violation be considered a conviction of a moving violation of the motor vehicle laws for the purpose of determining a surcharge on a motor vehicle premium pursuant to section 113B of chapter 175 of the General Laws. (d) The police department shall supervise and coordinate the administration of violations issued in conformance with this chapter. The police department shall have the authority to hire and designate such personnel as may be necessary or contract for such services to implement the provisions of this chapter. (e) It shall be the duty of the police department or designee of a city to cause a notice of violation to the registered owner or owners of a motor vehicle identified in photographs produced by such device as evidence of a violation pursuant to this chapter. Such notice shall contain, but not be limited to, the following information: a copy of the aforementioned recorded images and other data showing the vehicle in the process of a camera enforceable violation; the registration number and state of issuance of the vehicle; the date, time and location of the violation; the specific camera enforceable violation charged; instructions for payment of the violation; instructions to contest the violation in writing; and instructions to obtain a hearing. (f) In the case of a violation involving a motor vehicle registered under the laws of the Commonwealth, a notice of violation shall be mailed within 14 days of the violation to the address of the registered owner or owners as listed in the records of the registrar of motor vehicles. In the case of any motor vehicle registered under the laws of another state or country, such notice of violation shall be mailed within 21 days of the violation to the address of the registered owner or owners as listed in the records of the official in such state or country having charge of the registration of such motor vehicle. If said address is unavailable, it shall be sufficient for the police department or designee to mail a notice of violation to the official in such state or country having charge of the registration of such motor vehicle.  11 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR (g) A notice of violation shall be sent by first class mail in accordance with subsection (f) and shall include an affidavit form approved by the police department for the purpose of complying with subsection (b). A manual or automatic record of mailing processed by or on behalf of the police department in the ordinary course of business shall be prima facie evidence thereof, and shall be admitted as evidence in any judicial or administrative proceeding, as to the facts contained therein. Unless an owner or owners pay the fine or contest responsibility within 60 days of the violation, the provisions of subsection (l) will apply. (h) Any owner to whom a notice of violation has been issued shall not be liable for a violation under the provisions of this chapter if: the violation was necessary to allow the passage of an emergency vehicle; the violation was incurred while participating in a funeral procession; the violation was incurred during a period of time in which the motor vehicle was reported to the police department of any state, city or town as having been stolen and had not been recovered prior to the time the violation occurred; the operator of the motor vehicle was operating the motor vehicle under a rental or lease agreement and the owner of the motor vehicle is a rental or leasing company and has complied with the provisions of section 4 of this chapter; the operator of the motor vehicle was issued a citation for the underlying violation in accordance with section 2 of chapter 90C of the General Laws; or, the violation was necessary to comply with any other law or regulation governing the operation of a motor vehicle. (i) Any motor vehicle owner to whom a notice of violation has been issued pursuant to this chapter may admit responsibility for such violation and pay the fine provided therein. Payment may be made personally or through a duly authorized agent, by appearing before the police department’s designee during normal office hours, by mailing or online. Payment by mail shall be made by check, money order or credit card to the police department or city. Payment of the established fine and any applicable penalties shall operate as the final disposition of the violation. Payment by one motor vehicle owner shall operate as the final disposition of the violation as to all other motor vehicle owners of the same motor vehicle for the same violation. (j) An owner may contest responsibility for a violation under this chapter in writing by mail or online. The owner shall provide the police department with a signed affidavit in a form approved by the police department, stating: the reason for disputing the violation; the full legal name and address of the owner of the motor vehicle; and the full legal name and address of the operator of the motor vehicle at the time the violation occurred. An owner may include signed statements from witnesses, which include the names and addresses of witnesses, supporting the owner's defense. Within 21 days of receipt, the police department or the hearing officer shall send the decision of the hearing officer, including the reasons for the outcome, by first class mail to the registered owner or owners. If the owner is found responsible for the violation, the owner shall pay the fine in the manner described in (i) within 14 days of the issuance of the decision or request further judicial review pursuant to section 14 of Chapter 30A of the General Laws. (k) An owner may request a hearing to contest responsibility for a violation. A hearing request shall be made in writing by mail or online. Upon receipt of a hearing request, the police department shall schedule the matter before hearing officer. Said hearing officer may be an employee of the police department of the city or such other person or persons as the police  12 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR department may designate. Written notice of the date, time and place of said hearing shall be sent by first class mail to each registered owner. The hearing shall be informal, the rules of evidence shall not apply, and the decision of the hearing officer shall be final subject to judicial review as outlined by section 14 of Chapter 30A of the General Laws. Within 21 days of the hearing, the police department or the hearing officer should send the decision of the hearing officer, including the reasons for the outcome, by first class mail to the registered owner or owners. If the owner is found responsible for the violation, the owner shall pay the fine in the manner described in (i) within 14 days of the issuance of the decision or request further judicial review pursuant to section 14 of Chapter 30A of the General Laws. (l) If an owner to whom a notice of violation has been issued either fails to pay the fine in said notice in accordance with subsection (i), or is found responsible for the violation and does not pay the fine in accordance with subsection (j) or subsection (k), the police department shall notify the registrar of motor vehicles who shall place the matter on record. Upon receipt of the registrar of five or more of such notices, the registrar shall not issue or renew such owner's motor vehicle registration until after notification from the police department that all fines owed pursuant to this chapter have been paid. It shall be the duty of the police department to notify the registrar forthwith that such case has been so disposed; provided, however, that certified receipt of full and final payment from the police department shall also serve as legal notice to the registrar that said violation has been disposed of in accordance with this chapter. The certified receipt shall be printed in such form as the registrar of motor vehicles may approve. Section 4. (a) Notwithstanding section 3 of this chapter, if the registered owner of a motor vehicle in receipt of a notice of violation is a person or entity engaged in the business of leasing or renting motor vehicles, and such motor vehicle was operating under a rental or lease agreement at the time of a violation, then the provisions of this section shall be applicable, and the registered owner shall not be liable for any unpaid fines; provided, however, that such owner has complied with the procedures of this section. (b) The police department shall give to the registered owner notice in writing of each violation in which a motor vehicle owned by such owner is involved, as set forth in section 3. (c) Within 45 days of the violation, the registered owner shall furnish to such department or designee in writing the name and address of the lessee or renter of such motor vehicle at the time of the violation; the lessee's or renter's driver's license number, state of issuance of such driver's license and the lessee's or renter's date of birth. (d) Such department or designee shall thereupon issue a notice of violation to such lessee or renter in the form prescribed by section 3 and the lessee or renter shall be liable for the violation. (e) If such lessee or renter to whom a notice of violation has been issued either fails to pay the fine in accordance with subsection (i) of section 3, or fails to receive a favorable adjudication of said notice in accordance with subsection (j) of section 3, or subsection (k) of section 3, the police department or designee shall notify the registrar of motor vehicles who shall place the matter on record. Upon notification to the registrar of five or more of such notices under this  13 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR section, it shall be the duty of the registrar to suspend and not renew the license to operate a motor vehicle of such lessee or renter or suspend the right to operate of a lessee or renter not licensed in this commonwealth until after notification from the Salem police department that all fines, taxes and penalties owed by such owner pursuant to either this chapter, have been disposed of in accordance with this chapter. It shall be the duty of the police department to notify the registrar forthwith that such case has been so disposed; provided, however, that certified receipt of full and final payment from the police department shall also serve as notice to the registrar that said violation has been disposed of in accordance this chapter. The certified receipt shall be printed in such form as the registrar of motor vehicles may approve. Section 5. No speed limit violation shall be issued unless the vehicle exceeds the speed limit by at least ten miles per hour. Section 6. (a) The city shall install a sign notifying the public that an automated road safety camera system is in use at each location of said camera. (b) The city shall make a public announcement and conduct a public awareness campaign of use of automated road safety camera systems beginning at least 30 days before the enforcement program is in use. The city may install but not activate automated road safety camera systems during said time period. Section 7. Verification that the automated road safety camera system and any appurtenant traffic control signals are correctly calibrated shall be made by a professional engineer registered in the commonwealth. Section 8. (a) Photographs and other recorded evidence shall only be captured when a camera enforceable violation occurs. Photographs and other recorded evidence shall be destroyed within 48 hours of the final disposition of a violation. (b) No photographs taken in conformance with this chapter shall be discoverable in any judicial or administrative proceeding other than a proceeding held pursuant to this chapter without a court order. No photograph taken in conformance with this chapter shall be admissible in any judicial or administrative proceeding other than in a proceeding to adjudicate liability for such violation of this chapter without a court order. A court shall order a release of a photograph taken in conformance with this chapter only where the photograph tends to establish or undermine a finding of a moving violation and the violation is material as to a finding of civil or criminal liability. (c) Photographs and other personally identifying information collected by the city pursuant to this chapter are not public record.  14 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR (d) No automated road safety camera system shall be utilized in such a manner as to take a frontal view photograph of a motor vehicle. Section 9. City shall establish a revolving or equivalent fund for all proceeds generated from this Act and such proceeds shall be used for traffic and safety enhancements and driver safety education. Section 10. This act shall take effect as provided by law. Action Contemplated Councillor Morsillo Moved Adopted by RCV Yea Nay Abs  15 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  16 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS ORDERED: That the Traffic & Parking Department may designate up to forty (40) spaces in the Museum Place Parking Garage and up to twenty-five (25) parking spaces in the South Harbor Parking Garage to be reserved permit parking only, with the permit cost $2,000 per year. Action Contemplated Councillor McCarthy Moved Adopted Voted ORDERED: That the City of Salem Licensing Board shall discuss eliminating the sale of single serve alcoholic bottles in Salem that are 100 millimeters or less, commonly referred to as "nips". Action Contemplated Councillor Merkl Moved Adopted Voted 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 repealing the following: Broadway – Service Zones – northwesterly side, from the southerly lot line at No. 108 Broadway for a distance of fifty (50) feet in a northerly direction. No Parking Service Zone 8:00 A. M. to 8:00 P. M. Monday through Friday. (7/2/90) New Derby Street – Service Zones – on the northerly side of New Derby Street, beginning at a point one hundred sixty-five (205) feet east of the intersection with Washington Street, and extending eastward fifty-five (55) feet. (10/25/22(4)) And inserting the following:  17 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Derby Street – Service Zones - northerly side, beginning at Palfrey Court and continuing in an easterly direction for forty (40) feet. Derby Street – Service Zones – northerly side, beginning at a point one hundred (100) feet east of Daniels Street and continuing in an easterly direction for forty-five (45) feet. Hancock Street – Service Zones – northerly side, beginning at a point twenty (20) feet east of Canal Street and continuing in an easterly direction for one-hundred and thirty-five (135) feet. High Street – Service Zones – northerly side, beginning at a point twenty-five (25) feet west of Margin Street and continuing in a westerly direction for thirty (30) feet. New Derby Street – Service Zones – on the northerly side of New Derby Street, beginning at a point two hundred and five (205) feet east of the intersection with Washington Street, and extending eastward fifty-five (55) feet. Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Prosniewski Moved Adoption for first passage Voted ORDERED: That the Salem High School Girls Volleyball hold a Tag Day on September 23, & October 21, 2023. Action Contemplated Councillor Morsillo Moved Adopted Voted  18 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS An Ordinance to amend an Ordinance relative to Ch. 12 – Building, Electricity and Plumbing Regulations Be it ordained by the City Council of the City of Salem as follows: Section I. Article III of Chapter 12, Section 89 - Location of poles with reference to curbstones and hydrants. The last sentence is hereby amended by: “Deleting 15 feet and inserting 6 feet.” And by adding the following to the end of the sentence “, or as specified in 527 CMR 1.00 18.5.7.1, whichever is greater.” Section II. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved Adopted for first passage Voted In the year Two Thousand and Twenty-three An Ordinance to amend an Ordinance relative to tag days Be it ordained by the City Council of the City of Salem, as follows: SECTION I: City of Salem Code Ordinances Chapter 14 Business Licenses and Fees is hereby amended by 1) Replacing the words “city council” with the words “city clerk” as they appear in Secs. 14-102 and 14-104. 2) Deleting Sec. 14-103 in its entirety and replacing it with the following: “All persons engaged in the sale of tags shall carry a copy of the tag day license and distribute a tag to each donor. No person authorized under this division shall make or attempt to make any sale in front of any private premises against the objection of the owner or occupant thereof. “ 3) Deleting the heading “(a)” within Sec. 14-104 and inserting the text “at least one week in advance. A sample of the tag must be provided to the city clerk to keep on file” immediately following the word “clerk” in the first sentence of Sec. 14-104. 4) Deleting Sec. 14-104 (b) in its entirety.  19 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS 5) Deleting Sec. 14-105 in its entirety and inserting the following: “No license shall be valid for more than three consecutive days, and no more than six days in a calendar year per organization. Only one organization may be issued a tag per calendar day, and they are issued in the order of receipt of application to the clerk's office, with the exception of Memorial Day Weekend, 4th of July and Veterans Day, which are held for use solely by Posts or Incorporated organizations of veterans who served in the military or naval service of the United States in time of war or insurrection. The city clerk shall not release any license until the organization submits to the city clerk a sample of the tag that will be distributed by the organization on the day of the sale. Persons tagging shall not impede the flow of pedestrians when on a public sidewalk nor shall they enter upon a public street or way to collect donations.” SECTION II. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Stott Moved Adopted for first passage Voted  20 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMITTEE REPORTS Councillor McClain offered the following report for the Committee on Administration and Finance to whom was referred the matter of Appropriation of $15,000.00 for software upgrade costs and trail maintenance associated with the Heritage Trail Initiative. has considered said matter and would recommend: (action unknown as meeting was held after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor Stott offered the following report for the Committee of the Whole to whom was referred the matter of a site visit to the New Bedford Marine Commerce Terminal Wind Marshalling Port, has considered said matter and would recommend: Received and Filed Accept the Report Voted Adopt the Recommendation Voted Councillor McCarthy offered the following report for the Committee of the Whole to whom was referred the matter of a Resolution to Authorize, and the Tax Increment Finance (TIF) Agreement with Crowley Wind Services has considered said matter and would recommend: That the Resolution be Adopted by Roll Call Vote and the Tax Agreement be Adopted as Amended by Roll Call Vote. (Move for Immediate Reconsideration) Accept the Report Voted Adopt the Recommendation Voted Councillor McCarthy offered the following report for the Committee of the Whole to whom was referred the matter of an Order to Facilitate the Construction and Operation of Salem’s Offshore Wind Marshalling Port at 67 Derby Street, has considered said matter and would recommend: Adopted by Roll Call Vote Accept the Report Voted Adopt the Recommendation Voted  21 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS The following report submitted by David Kucharsky, Traffic & Parking Director, relative to “Right Turn on Red”. Based on an order passed by Council earlier this year, please find our assessment of traffic signals in the City with a focus on whether “Right Turn on Red” signage exists and/or is identified in the City’s Traffic Ordinance. This involved conducting a field verification of every traffic signal in the City. Based on our counts there are 32 city controlled signals and 14 under MassDOT jurisdiction. The attached map (see back-up documentation) also includes any crashes that may have been reported at these locations over the past five years. The numbers at each intersection identify the number of reported crashes that involved a pedestrian or cyclist. We reviewed each location with Lt. Tucker to get more details about each crash and began developing some recommendations. Please submit this to Council for further discussion. Lastly, below is guidance from MUTCD on the installation of a no turn on red sign. Standard: 01 Where a right turn on red (or a left turn on red from a one-way street to a one- way street) is to be prohibited, a symbolic NO TURN ON RED (symbolic circular red) (R10-11) sign (see Figure 2B-27) or a NO TURN ON RED (R10-11a, R10-11b) word message sign (see Figure 2B-27) shall be used. Guidance: 02 If used, the No Turn on Red sign should be installed near the appropriate signal head. 03 A No Turn on Red sign should be considered when an engineering study finds that one or more of the following conditions exists: A. Inadequate sight distance to vehicles approaching from the left (or right, if applicable); B. Geometrics or operational characteristics of the intersection that might result in unexpected conflicts; C. An exclusive pedestrian phase; D. An unacceptable number of pedestrian conflicts with right-turn-on-red maneuvers, especially involving children, older pedestrians, or persons with disabilities;  22 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS E. More than three right-turn-on-red accidents reported in a 12-month period for the particular approach; or F. The skew angle of the intersecting roadways creates difficulty for drivers to see traffic approaching from their left. Action Contemplated Councillor Morsillo Moved to refer to Ordinances, Voted Licenses and Legal Affairs Communication from City Solicitor regarding removing Clover Street from the list of accepted streets. Ladies and Gentlemen of the Council: As many of you know, in 1996, the City Council voted by Council Order to accept a large number of streets but did not take the proper steps to legally accept certain streets shown on the Order. One such street, a paper street only, is Clover Street. The acceptance of Clover Street did not follow the required process for street acceptance as provided in City Ordinance at Chapter 38, Sections 51 through 57 and 91 and Massachusetts General Law Chapter 82. The City Council record indicates that the Council failed to take any of the steps, as shown on the attached Street Acceptance Procedure Summary, when accepting Clover Street. Mr. Gagnon, a direct abutter, has requested that this matter be corrected. See his email attached. To correct this error, I respectfully request that this matter be referred to the Committee on Licenses and Legal Affairs so that a public hearing may be scheduled and ultimately the matter be referred back to the City Council to be properly remove Clover Street from the list of accepted City streets. Thank you for your consideration. Sincerely, Elizabeth Rennard Action Contemplated Councillor Morsillo Moved referred to the Comm. on Voted Ord., Lic. & Legal Affairs  23 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING PETITIONS Petition from Comcast to install Conduit on Grove St. HEARING ORDERED SEPTEMBER 28, 2023 Petition from National Grid to Install Conduits on Amanda Way. HEARING ORDERED SEPTEMBER 28, 2023 Petition from National Grid to install 1 Jointly Owned Pole on Boston St. HEARING ORDERED SEPTEMBER 28, 2023 Petition from Nicholas Jenkins of Dunkin Donuts 152 Washington St. to continue to have the hours of 24 hours day / 7 days week after being approved last year on a 1 year temporary basis. Action Contemplated Councillor Watson-Felt Moved Granted Voted Petition from Rizzo’s Roast Beef 7 Paradise Rd. for extended hours from 10AM – 1:30AM HEARING ORDERED SEPTEMBER 28, 2023 Request from Salem Common Neighborhood Association to hold Kids Fun Fest on the Salem Common October 21, 22, 28 & 29, 2023, from 10AM – 6PM Action Contemplated Councillor Watson-Felt Moved Granted Voted  24 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING PETITIONS Request from B&S Fitness to hold Wicked Half Marathon Road Race and use of City Streets on September 24, 2023, from 7AM – 11:30AM Action Contemplated Councillor McCarthy Moved Granted Voted Request from the Residents of Pleasant St. Ave. to hold a Block Party on September 30, 2023 from 2PM – 6PM with a rain date of October 1, 2023. Action Contemplated Councillor Watson-Felt Moved Granted Voted Request from the Residents of Boardman St. to hold a Block Party on September 23, 2023 from 4PM – 8PM with a rain date of September 24, 2023. Action Contemplated Councillor Watson-Felt Moved Granted Voted The Following License Applications: PUBLIC GUIDES: Emma Bernhardt 15 Japonica St Salem Amy Dalessandro 38 Essex St. #1 Salem Allison Delfranco 65 Washington St Unit 310 Salem Rachel Fearon 16 Turner St #3 Salem Jake Fisher 2 Couldron Ct Salem Laina Fitzgerald 45 Traders Way Apt 70205 Salem Linda Y. Goldstein 165 Federal St #1 Salem Danielle Gravelle 32 Bass Ave #2 Gloucester Laura Guiliano 21 Senecia Rd Woburn Kevin Harrington 9 Hodges Ct Apt 3 Salem Olivia Haydar 50 Londonderry Rd Marblehead Loretta Anne Jamieson 31 Weldeck St Dorchester Victoria Khaghani 6 Chubbs Brook Lane Beverly  25 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING PETITIONS PUBLIC GUIDES Cont: Daniel Kerrigan 1 Longfellow Pl #2518 Boston Daniel Kostclac Po Box 137 Gilbertville, Ny Erin Labate 16 Newhall St Apt 46 Lynn James Lebron 23 Osborne St Peabody Alexander Lizotte 26 West Dane St Beverly James Low 92 Washington Sq Salem Pj Maguire 125 Essex St Salem Sarah Mason 28 Crimson King Lane Levittown, Pa Cody Mccallister 8565 Sierra Brook Ct Elk Grove Ca Donacia Sanchez Mitchell 332 Lafayette St #2 Salem Vincent Moreale 18 Roslyn St #1 Salem Kaitlyn Nash 11 Willow Ave Danvers, Ma 01923 Malana Nascimenko 103 Cliff Crossing Apt T-2 Salem, Nh Adrianna Neefus 7 Daniels St. Court Salem Tessa Prendergast 126 Walker Rd Swampscott Vanessa Riutta 4 First st St Unit 8004 Salem Marcy Lynne Rolin Fox 2 Neptune Rd #124 East Boston Robert Zachary Sanzone 91 Essex St Salem David Tullis 14 Fowler Street Salem Schuyler Lewis Ward 4 Forest Ave Salem Kelvin Nguyen 45 Holyoke St Lynn Marisa Fruggiero 11 Berrywood Lane Salem Maria Sucher 29 Winter St. Salem Kai Austin 190 Washington St Brighton Erin Fortunato 43 Shortell Ave Beverly TAXI OPERATORS: Amsel Holohan 144 Bridge St., Salem Leonardo Jeloz 1 Salem St., Salem Action Contemplated Councillor Morsillo Moved Granted Voted  26 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING PETITIONS The Following Claims: Jean Sacco 1 Riverway Rd Salem John Latoszek 8 Phelps St Salem Jennifer Bracero 300 Canal St Lawrence Jake Strout 3 Hazel St Salem Kevin Starion 12 Bedford St Salem Fabricio Aguiar 5 Melody Rd Peabody Joshua Diperri 73 1/2 Summer St, Salem Irelva Nunez 56 Dow St Salem Robin Eddy 11 Pope St Salem Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affairs The Following Drainlayer/Contract Operator Licenses: Palladino Excavating 134 Centre St. Danvers Action Contemplated Councillor Morsillo Moved Granted Voted  27 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING UNFINISHED BUSINESS Second Passage of an Ordinance amending an Ordinance relative to traffic – Ch. 42 Sec. 51B – Parking Prohibited at Certain Times on Certain Streets & Sec. 75 – Resident Sticker Parking relative to Chestnut 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 75 of Article V be amended by repealing the following: Chestnut Street – Parking Prohibitions Towing Zone (Resident Sticker) - Zone D Color Yellow – from Flint Street to Summer Street. (11/10/86) (limited to 2 hours by nonresidents) Chestnut Street – Parking Prohibitions Towing Zone (Resident Sticker) - Zone D Color Yellow - eastbound on both sides (Northerly and Southerly) from Cambridge Street to Summer Street Chestnut Street – Parking Prohibitions Towing Zone (Resident Sticker) - Zone D Color Yellow - resident sticker parking both sides in its entirety, limited to two (2) hours for nonresidents And inserting the following: Chestnut Street – Parking Prohibitions Towing Zone (Resident Sticker) - Zone D Color Yellow - both sides, beginning at Flint Street and continuing in an easterly direction to Cambridge Street. Two (2) hour nonresident parking permitted Chestnut Street – Parking Prohibitions Towing Zone (Resident Sticker) - Zone D Color Yellow - both sides, beginning at Cambridge Street and continuing in an easterly direction to Summer Street. Section 2. Section 51B of Article V be amended by repealing the following: Chestnut Street – Parking Prohibited at Certain Times on Certain Streets – southerly side from Cambridge Street in an easterly direction for a distance of fifty (50) feet. One hour parking from 8:00 A. M. to 6:00 P. M. Monday through Friday. (8/19/64 DPW 12545) Chestnut Street – Parking Prohibited at Certain Times on Certain Streets – southerly side, in a westerly direction, from Summer Street for a distance of sixty (60) feet.  28 CITY OF SALEM SEPTEMBER 14, 2023 REGULAR MEETING UNFINISHED BUSINESS One hour parking from 8:00 A. M. to 6:00 P. M. Monday through Friday. (4/23/81 DPW 5-1961 & 5-1963) Section 3. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Watson-Felt Adopted for second passage Voted On the motion of Councillor McCarthy the meeting adjourned at P.M.