City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall January 9, 2024 MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting in-person on Thursday, January 11, 2024, 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/83466840399?pwd=SkZzNnBCZllGSmhaME9pTWZ6MXIzUT09 Password: 092316 Go to the website link https://zoom.us/join. Enter Webinar ID: 834 6684 0399 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#: 834 6684 0399 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 JANUARY 11, 2024 REGULAR MEETING A Regular Meeting of the City Council was held in-person on Thursday, January 11, 2024, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 9, 2024, at 2:04 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 Hapworth 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. Salem City Council Land Acknowledgment The Salem City Council honors that this land is Naumkeag, or fishing place, where generations of Naumkeag people from the Pawtucket band of the Massachusett Tribe lived and passed through for centuries. We acknowledge that this is unceded Indigenous land and also acknowledge the Massachusett Tribe, who continue to honor and hold this land into the present. Salem’s City Council is committed to having ongoing meaningful dialogue with the indigenous peoples who have presence in Salem in order to dismantle the legacies of oppression and inequities that persist today. 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. The President shall, depending on the number of speakers, set a time limit, not to exceed three minutes, which each individual presenting testimony must abide. How to Sign Up: You may participate in Public Testimony in-person or remotely, if technologically feasible by either of the following two methods:  3 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING 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.  4 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING HEARINGS ORDER Comcast to Install Conduits at the corner of North St and Federal St. (for service at 36 Federal St.). APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Watson-Felt Moved to close the Public Hearing Voted  5 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s Re-Appointments with the following terms to expire: (These appointments were confirmed 12/6/2022 for 1 Year with the condition that when expire in December of 2023 their term to expire reverts back to their original termination date.) Term Name Board Length Term Expiration Mary Ellen Halliwell Beautification Committee 3 Years March 1, 2026 Bicycling & Shared Path Colleen Downie Committee 3 Years February 27, 2026 Robert Millerick Board of Assessors 3 Years March 1, 2026 Paul Kirby Board of Health 3 Years March 1, 2026 Sara Moore Board of Health 3 Years March 26, 2026 Darren Black Commission on Disabilities 3 Years April 23, 2026 Rebecca Christie Commission on Disabilities 3 Years April 13, 2026 Debra Lobsitz Commission on Disabilities 3 Years March 1, 2026 Eliud Alcala Council on Aging Board 3 Years March 1, 2026 Abigail Butt Council on Aging Board 3 Years March 1, 2026 Kristin Macek Council on Aging Board 3 Years February 27, 2026 Kathy Winn Salem Harbor Port Authority 3 Years January 12, 2026 Vijay Joyce Historical Commission 3 Years March 12, 2026 Rosa Ordaz Zoning Board of Appeals 3 Years May 1, 2026 Action Contemplated Councillor Varela Confirmation by RCV Yeas Nays Abs  6 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s appointments of the following with a term to expire: Name Adress Board Term to Expire Timothy Norton 9 Glover St. #2 Scholarship & Education Committee March 28, 2025 Margarida Raka-Goncalves, Esq 16 Kosciuszko St Historical Comm. January 11, 2026 Councillor Varela Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Held Under the Rules Voted The Mayors Re-Appointment of the following with terms to expire: Name Board Term Length Term Expiration Jason Sydoriak Affordable Housing Trust Fund Board 2 years January 25, 2026 Jason Leese Affordable Housing Trust Fund Board 2 years January 14, 2026 Patrcia Small Council on Aging Board 3 years January 14, 2027 Gwendolyn Rosemond Public Art Commission 2 years January 11, 2026 Norene Gachignard Public Art Commission 2 years January 11, 2026 Councillor Varela Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Held Under the Rules Voted  7 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDER: That the sum of Thirty Thousand Dollars ($30,000.00) is hereby transferred and appropriated from the Receipts Reserved funds listed below to the Department of Public Services Burial Account (14112-5383) in accordance with the recommendation of His Honor the Mayor. From To Amount 2430-4800 R/Res Sale of Lots 14112-5383 DPS Burial $15,000.00 2431-4800 R/Res Sale of Vaults 14112-5383 DPS Burial $15,000.00 Total $ 30,000.00 Councillor Merkl Suspension of the Rules Councillor Objection Action Contemplated Councillor Merkl Refer to Admin. & Finance Voted OR Moved Adoption ORDER: That the sum of Ten Thousand One Hundred Thirty-Four Dollars and Fourteen Cents ($10,134.14) is hereby appropriated from the “Fund Balance Reserved for Appropriation – Free Cash” account to the account listed below to fund required emergency repair costs in accordance with the recommendation of His Honor the Mayor. Description Fund Amount Fire Department Fire Equipment Repair 12202-5258 $ 10,134.14 $ 10,134.14 Councillor Merkl Suspension of the Rules Councillor Objection Action Contemplated Councillor Merkl Refer to Admin. & Finance Voted OR Moved Adoption  8 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDER: 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 Ten Thousand One Hundred Thirty-Four Dollars and Fourteen Cents ($10,134.14) of outstanding Fiscal Year 2023 invoices is hereby allowed to be paid from the Fiscal Year 2024 Fire Department budget as listed below in accordance with the recommendation of His Honor the Mayor. Department Vendor Amount Fire Department Allegiance Truck Repair $ 10,134.14 (12202-5258 Fire Equipment Repair) Total $ 10,134.14 Councillor Merkl Suspension of the Rules Councillor Objection Action Contemplated Councillor Merkl Refer to Admin. & Finance Voted OR Moved Adoption by RCV Yea Nay Abs (2/3 vote needed) ORDER: To accept the donation of One Thousand Two Hundred Dollars ($1,200.00) from Americal Auctioneers Services. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061-4830) for a standard bench in accordance with the recommendation of His Honor the Mayor. Action Contemplated Councillor Merkl Refer to Admin. & Finance Voted OR Moved Adoption  9 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDER: That a petition to the General Court, accompanied by a bill to amend Chapter 250 of the Acts of 2016, 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 amending Chapter 250 of the Acts of 2016 to include the City of Salem Designated Port Area as part of the Salem Harbor Port Area. Be it enacted by the Senate and House of Representatives in General Court Assembled, and by the authority of the same as follows: Section 1. Section 4 of Chapter 250 of the Acts of 2016 is hereby amended by inserting the following clause at the end of that section: - “, and the Salem Harbor Designated Port Area containing an area of 112.3 acres more or less and as shown generally on a plan entitled ‘Salem Harbor Designated Port Area (DPA),’ Scale: 1” = 350’ +/-, Prepared by: Massachusetts Office of Coastal Zone Management, 251 Causeway Street, Suite 800, Boston, MA 02114, Date: March 2011.” Section 2. Section 5 of Chapter 250 of the Acts of 2016 is hereby amended by deleting clause (iii) and (iv) and inserting the following clauses at the end of that section: - “(iii) may sue and be sued in its own name and plead and be impleaded, but notwithstanding any special or general law to the contrary, shall not be liable for punitive damages; (iv) may make and enter into contracts and agreements necessary or incidental to the performance of its duties and the execution of the powers granted by this act including, but not limited to, the granting of leasehold interests, concessions, access and development rights and privileges and supplier, vendor, contractor and consultant contracts; and (v) may impose a tariff, pilotage and/or navigational requirements upon vessels calling on Salem Harbor or Harbor Port Area.” Section 3. This act shall take effect as provided by law. Action Contemplated Councillor Jerzylo Moved adoption by RCV Yeas Nays Abs OR Refer to the Comm. on Ord., Lic. & Legal Affairs  10 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  11 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS ORDERED: That the Committee on Government Services co-posted with the Committee of the Whole meet to discuss the creation of an Elections Commission and the process involved. Action Contemplated Councillor Varela Moved Adoption Voted  12 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING COMMITTEE REPORTS Councillor Morsillo offered the following report for the Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Granting of Certain Licenses Seaworms Paul Lynch, Timothy Lynch, Jose Machado, Joe Mendonca and Secondhand Clothing: Boston Street ReSale has considered said matter and would recommend Granted. Accept the Report Voted Adopt the Recommendation Voted Councillor Stott offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole to whom was referred the matter of the planning Department and the CIU Unit to discuss Single Room Occupancy, has considered said matter and would recommend (Action unknown meeting held after agenda deadline) Accept the Report Voted Adopt the Recommendation Voted Councillor Stott offered the following report for the Committee Community and Economic Development co-posted with the Committee of the Whole of the to whom was referred the matter of creating a zoning Overlay District relative to food trucks and temporary food vendors. (Action unknown meeting held after agenda deadline). Accept the Report Voted Adopt the Recommendation Voted Councillor Stott offered the following report for the Committee on Community and Economic Development co-posted with the Committee of the Whole to whom was referred the matter of discuss Haunted Happenings 2023 issues and debriefing has considered said matter and would recommend (Action unknown meeting held after agenda deadline). Accept the Report Voted Adopt the Recommendation Voted  13 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE  14 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING PETITIONS Petition from National Grid and Verizon to install 1 Jointly Owned Pole 400’ northeast of the centerline of the intersection of Pope and Proctor St. HEARING ORDERED January 25, 2024 Petition from National Grid and Verizon to install 1 Jointly Owned Pole 142’ west of the centerline of the intersection of Harbor St. and Congress St. HEARING ORDERED January 25, 2024 The Following License Applications: PUBLIC GUIDES: Scott Aden 14 Winthrop Shore Drive Winthrop Cynthia J. Aparicio P.O. Box 390453 Cambridge William Ayer 5 Cornell Road Marblehead Heidi Bevins-Ayer 5 Cornell Road Marblehead Sarah Black 377 Essex Street Apt C Salem Derrick Buflod 80 Linden St. Salem David Coviello 41 Washington Sq N. Salem Patrick Curran 9 Rockland Road Danvers Sean CE Dixon-Gumm 10 Hersey St. #3 Salem Corey Fedde 27 Dunlap St #2 Salem Erin Fortunato 43 Shortell Ave. Beverly Donald Friary 16 Loring Ave. Salem Robert L. Gautreau, Jr 21 Sturgis St. #2 Woburn Loretta Jamieson 31 Waldeck St. Dorchester Rebecca Johnson 5 Laurel St Unit 1 Salem David N. Harris 3 Buford Rd. Peabody Linda M. Harris 3 Buford Rd. Peabody Robert Hawkins 90 Ridgewood Ln. Gardner Jobian Herron 12 Dearborn St #2 Salem Mark Hurwitz 22 Cloutmans Ln Marblehead Rachel Justin 6 Phelps St. Apt 2 Salem Robert Kerrigan 13 Bruce Ln Wenham James Low 92 Washington Sq Salem Dawn McGrath 10 Phelps St. Salem David Molinet 30 Franklin St. Malden Aurelia Nelson 12 Davis St Beverly Joan M. Pagliuca 31 Winthrop St Dedham Ellen Pariser 135 North St. Salem Christine Remus 13 Merrimac St Amesbury  15 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING PETITIONS PUBLIC GUIDES CON’T: Jason Daniel Roberts 17A Bonair Ave Hampton, NH Kathryn Rutkowski 1 Spiros Way Peabody Diane Sanchez 6 Sutton Ave Salem Joseph R Steele 32 West St Beverly Maria Stephens 11 Noyes Pl #4 Boston Jonathan Beirne Streff 10 Bradford St Salem Kayla Sullivan 11 Winthrop Ave #2 Beverly Michael Vitka 384 Essex St Apt. 1 Salem Donald Warnock 1 Fortune Way Salem Charles Galvin 5 Warren St Salem Hilary Ippolito-Wan 42 Walter St Salem Beth Crowley 100 Federal St Salem Cody McAllister 8565 Sierra Brook Ct Elk Grove CA Mikayla Boyle 32 Braman St Danvers Charles Galvin 5 Warren St Salem Joyce O’Brien 4 Winter Island Rd Salem Danielle Aldrich 18 Watson St Marblehead, MA Ryan Sullivan 8 Hersey St Salem Michael Hanan 80 Summer St Salem Simon Checksfield 6 Hale Park Ave Beverly Henry Gilbert 141 Washington St Salem Danielle McMullen 28 Teele Rd Bolton Michael Perry 18 Watson St Marblehead Action Contemplated Councillor Morsillo Moved Granted Voted The Following License Applications: SECONDHAND VALUABLE: Tobies Jewelry 140 Washington St. Glass and Etc. 180 Essex St. Olde Naumkeag Antiques 1 Hawthorne Blvd Action Contemplated Councillor Morsillo Moved Refer Comm. on Ord., Lic & Legal Affairs Voted  16 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING PETITIONS The Following Claims: Katheryn Weiss 9 Madison Rd., Marblehead Robert Blinkhorn 498 Lorning Ave., Salem Suzanne Biscaia 21 Cushing St., Salem Felicia Copeland 357 Essex St., Salem Ellen Jarmusick 21 ½ Cross St., Salem Ellen Berman 153 Nassau Dr., Springfield Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affair The Following Drainlayer/Contractor Operator Licenses: McGrath Enterprises 28 Oakville St., Lynn Geosearch, Inc, 11 Chocksett Rd., Sterling RB Strong Excavating 122 Western Ave., Gloucester N. Granese & Sons 59 Jefferson Ave., Salem Frank DeLucia & Sons 119 Newton Rd (rear), Plaistow, NH Delulis Bros Const. 31 Collins St. Ter., Lynn Landmark Utilities & Site Exc. 134 Centre St., Danvers Six Progress Cort 6 Versona St., Salem Action Contemplated Councillor Morsillo Moved Granted Voted  17 CITY OF SALEM JANUARY 11, 2024 REGULAR MEETING UNFINISHED BUSINESS Second Passage of an ordinance amending a traffic ordinance Ch. 42, Sec. 50B – Handicapped Parking – Beaver 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 50B Handicapped Zones limited time by adding the following: Beaver Street – in front of #36 Beaver Street, running northwest for twenty (20) feet. Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Stott Moved adoption for second passage Voted On the motion of Councillor Prosniewski the meeting adjourned at P.M.