City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall REVISED (Add Ordinances, Licenses Legal Affairs Committee Report) January 23, 2024 MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting in-person on Thursday, January 25, 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/81376114840?pwd=VmdOUjYzcHhaWXU3OXhUcEVEWnlpUT09 Password: 621263 Go to the website link https://zoom.us/join. Enter Webinar ID: 813 7611 4840 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 Webinar ID: 813 7611 4840 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.  2 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING “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.” A Regular Meeting of the City Council was held in-person on Thursday, January 25, 2024, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 23, 2024, at 11:01 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 Hapworth presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Hapworth 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: 1. On-line form by using the link below: https://records.salem.com/Forms/PublicMeetingSpeaker  3 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING 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 25, 2024 REGULAR MEETING HEARINGS ORDERED: National Grid and Verizon to install 1 Jointly Owned Pole 400’ northeast of the centerline of the intersection of Pope and Proctor St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Morsillo Moved to close the Public Hearing Voted Councillor Morsillo Moved Granted Voted  5 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING HEARINGS ORDERED: National Grid and Verizon to install 1 Jointly Owned Pole 142’ west of the centerline of the intersection of Harbor St. and Congress St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Jerzylo Moved to close the Public Hearing Voted Councillor Jerzylo Moved Granted Voted  6 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting the Mayor’s Re-Appointments with the following terms 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 Action Contemplated Councillor Varela Confirmation by RCV Yeas Nays Abs The Mayor’s appointments of the following with a term to expire: Name Adress Board Term to Expire Ellen Simpson 1 Geneva St Zoning Board of Appeals September 15, 2024 Hannah Osthoff 15 Roslyn St Zoning Board of Appeals May 1, 2026 Paul Carson 4 Parker Ct. Bicycling & Shared Path Comm. February 14, 2025 Councillor Varela Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Held Under the Rules Voted  7 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayors Re-Appointment of the following City Employees with terms to expire: NAME TITLE TERM EXPIRES David Gilbert Winter Island Manager 2 years 1/31/2026 Greg Salamida Assistant Building Inspector 2 years 3/13/2025 Anna Freedman Finance Director/Auditor 3 years 1/31/2027 Ray Jodoin Director of Public Services 2 years 1/31/2026 Teresa Gove Arnold Council on Aging Director 2 years 1/31/2026 Anthony Delaney Purchasing Agent 2 years 1/31/2026 Stephen Cortes Director of Assessing 1 year 1/31/2025 Justin MacCutcheon Deputy Auditor 2 years 1/31/2026 Lisa Cammarata Director of Human Resources 2 years 1/31/2026 Bonnie Celi City Collector 3 years 1/31/2027 John Giardi City Electrician 2 years 1/31/2026 Director of Planning & Thomas Daniel Community Development 2 years 1/31/2026 Deborah Duhamel City Engineer 2 years 1/31/2026 Voula Orfanos Director of Inspectional Services 2 years 1/31/2026 Amanda Chiancola Assistant Planning Director 2 years 1/31/2026 David Kucharsky Director of Traffic & Parking 2 years 1/31/2026 Councillor Varela Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Held Under the Rules Voted The Mayor’s Appointments of Elizabeth Murray and Leeann Leftwich to the Design Review Board. (Informational Purposes only). Action Contemplated Councillor Varela Moved Received and Filed Voted  8 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: To accept the donation totaling One Thousand Dollars ($1,000.00) from Yano’s Bistro. The donation is to be deposited into the Salem Education Fund 8305 (83051-4830) in accordance with the recommendation of His Honor the Mayor. Action Contemplated Councillor Merkl Moved Adoption Voted Resolution in Support of Roadway Safety Legislation WHEREAS legislation pending in the Massachusetts House and Senate, H3393, would enable municipalities to utilize automated traffic enforcement, ensuring more consistent enforcement of traffic safety laws to protect the lives of children and other residents of the Commonwealth; and WHEREAS the City of Salem City Council and Mayor unanimously approved the submission of a home rule petition to the state legislature on September 14, 2023 for a special act authorizing the automated enforcement of traffic violations and that legislation, HD4600, is currently pending at the State House; and WHEREAS Salem Public School bus drivers have provided powerful qualitative input to the district and the City about the increasing prevalence of drivers passing stopped school buses with stop signs activated; and WHEREAS a pilot program for automated enforcement of school bus stop signs found 850 violations took place in just five weeks, an average of more than three violations per bus per day; and WHEREAS a study by the Insurance Institute for Highway Safety has found that automated enforcement reduces the number of fatal red-light running crashes by 21% and of all types of fatal crashes at signalized intersections by 14%; and WHEREAS a majority of American states allow some form of automated enforcement, and the technology is currently in use in approximately 350 American communities already; and NOW, THEREFORE BE IT RESOLVED that the City of Salem strongly urges the Massachusetts legislature to advance H3393 and HD4600 favorably out of committee and before the full legislature for approval this session, and that a copy of this resolution be  9 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR transmitted by the City Clerk to the chairs and members of the state legislature’s Joint Committee on Transportation, the Speaker of the Massachusetts House of Representatives, the President of the State Senate, State Senator Joan Lovely, State Representative Manny Cruz, and Governor Maura Healey. Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas, Nays, Abs In the year Two Thousand and Twenty-Four An Ordinance to amend an ordinance relative to short term rentals. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Chapter 15 Short-Term Residential Rentals is hereby amended by a) deleting the words “utility bill” or “deed” as they appear in the Section 15.2 Definition of “primary residence”; b) replacing the word “units” in the title of section 15.5 with the word “uses “ c) inserting the following new sentence at the end of Section 15.5(c) Residential units contracted for hospital stays: “This exemption shall only apply when a unit is occupied for the use specified in this section.” d) Amending Section 15-4 - Ineligible residential units by adding the following new section: “6) Effective March 1, 2024, more than two units in any one building.” Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved Adoption for first Passage Voted  10 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR In the year Two Thousand and Twenty-Four An Ordinance to amend an ordinance relative to certificates of fitness. Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 2-705. Certificate of fitness of rented dwelling unit, apartment or tenement of Chapter 2, Division 3. Board of Health is hereby amended by adding the following new paragraph: “(m) Subpoena Power for Investigative Purposes. The Salem Board of Health is hereby authorized to issue subpoenas requiring the attendance of witnesses, or the production of records, documents, and other pertinent evidence, in relation to its investigations for potential non-compliance with the provisions set forth in this ordinance. Upon the failure of any person to comply with a subpoena issued pursuant to these regulations and not vacated or modified, the Commission may apply to the Superior Court for an order requiring compliance.” Section 2. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Morsillo Moved Adoption for first Passage Voted ORDERED: The City of Salem hereby accepts Massachusetts General Law Chapter 40U, authorizing the City to impose and collect fines for a variety of code and ordinance violations using a non-judicial, administrative process. Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas, Nays, Abs  11 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  12 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS NONE  13 CITY OF SALEM JANUARY 25, 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 Secondhand Valuables and has considered said matter and would recommend that the licenses be granted. Accept the Report Voted Adopt the Recommendation Voted Councillor Cohen offered the following report for the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole to whom was referred the matter of Opting into the Specialized Opt-In Code (Specialized Code) and has considered said matter and would recommend adoption. Accept the Report Voted Adopt the Recommendation Voted  14 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE  15 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING PETITIONS Petition from Comcast to install conduits on Central St. HEARING ORDERED February 11, 2024 Petition from Comcast to install conduits on Church St. HEARING ORDERED February 11, 2024 Petition from Centerline Communications to install telecommunications attachments in the Public Right of Way 252R Bridge St. HEARING ORDERED February 11, 2024 A Request from Eagle Scout Colin Bowker for his Eagle Scout Project to move the existing memorial of Benjamin Pierce at the rotary od Church St. and St. Peter’s St., to the center island on Church St. alongside a new plaque dedicated to Major General Stephen Abbot. Action Contemplated Councillor Prosniewski Moved Granted Voted The Following License Applications: PUBLIC GUIDES: Elaina Vrattos Clacobs 1 Arbella St., Manchester William Clemens 49 Summer St., Danvers Susan Conlin 11 Kimball St., Marblehead Amy Dalessandro 38 Essex St., Salem John Feeley Jr. 26 South Shore Rd., Holbrook Laura Giuliano 21 Seneca Rd., Woburn Kalif Melanson 32 Mt. Washington Ave., Malden April Newman 7 Ward St., Salem (2 Licenses) Joseph Quarantillo III 10 Turner St., Salem Karen Scalia 29rr Upham St., Salem Mark Scalia 29RR Upham St., Salem Jeffrey Swartz 65 Washington St. #312 Salem Elizabeth Unseth 12 Prescott St. #2, Salem  16 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING PETITIONS The Following License Applications Continued: TAXI OPERATORS: Cristian Tejada Nunez 42 Harbor St #1, Salem Ozoria Hipolito 10 Porter St., Salem German Jose Moya 9 Mason St., Salem Rafael Moya 407 Essex St., Salem Ramon Jesus Gomez Lugo 88R Congress St., Salem Marino Jimenez 96C Tremont St., Salem Welkins Vicioso 52 Dow St., Salem Jose Fabian Corniel 22 Pulaski St., Peabody Aracelis Espinal 16 South St., Salem Roberto Gutierrez 403 Lafayette St., Salem Johnny Fabian Corniel 52 Ward St Apt1-2, Salem Councillor Morsillo Moved Granted Voted The Following License Applications: SECONDHAND VALUABLE: The Record Exchange, 256 Washington St., Salem Witch City Consignments, 301 Essex St., Salem EcoATM (Inside Walmart), 450 Highland Ave., Salem EcoATM (inside Shaws), 11 Traders Way., Salem Action Contemplated Councillor Morsillo Moved Refer Comm. on Ord., Lic & Legal Affairs Voted The Following Claims: Mark Gallo 13 Grove St., Salem Elder Rabanales-Fuentes 36 Smith St., Lynn Carol Perry 15 Front St., Salem Adrian Slusarczyk 22 Mason St., Salem Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affair  17 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING PETITIONS The Following Drainlayer/Contractor Operator Licenses: Pumel Enterprises, Inc 116 Rabbit Rd., Salisbury Action Contemplated Councillor Morsillo Moved Granted Voted  18 CITY OF SALEM JANUARY 25, 2024 REGULAR MEETING UNFINISHED BUSINESS NONE On the motion of Councillor Prosniewski the meeting adjourned at P.M.