City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall February 8, 2024 MEETING NOTICE AND AGENDA (ORIGINALLY TO BE HELD ON THURSDAY, FEBRUARY 8, 2024 – DUE TO TECHNICAL ISSUES WITH WEBSITE POSTPONED UNTIL FEBRUARY 12, 2024) The Salem City Council will hold its regular meeting in-person on Monday, February 12, 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/81327457094?pwd=aFVhSnFDbHNJUFJOZnlDUklPTy84Zz09 Password: 814491 Go to the website link https://zoom.us/join. Enter Webinar ID: 813 2745 7094 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 2745 7094 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 FEBRUARY 12, 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 Monday, February 12, 2024, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on February 8, 2024, at 9:16 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 FEBRUARY 12, 2024 REGULAR MEETING This form will be available beginning 6:30 P.M. on Thursday, February 8, 2024, 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 FEBRUARY 12, 2024 REGULAR MEETING HEARINGS ORDERED: Comcast to install conduits on Central St. for service at 311 Derby St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Jerzylo Moved to close the Public Hearing Voted Councillor Jerzylo Moved Granted Voted  5 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING HEARINGS ORDERED: Comcast to install conduits on Church St. for service at 71 Washington St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Watson-Felt Moved to close the Public Hearing Voted Councillor Watson-Felt Moved Granted Voted  6 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING HEARINGS ORDERED: Centerline Communications to install telecommunications attachments/conduit in the Public Right of Way 252R Bridge St APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Stott Moved to close the Public Hearing Voted Councillor Stott Moved Granted Voted  7 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from January 11, 2024, meeting the Mayor’s Re-Appointments with the following 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 Action Contemplated Councillor Varela Confirmation by RCV Yeas Nays Abs Held from the last meeting 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 Action Contemplated Councillor Varela Confirmation by RCV Yeas Nays Abs The Mayor’s appointment of Yamilis Cruz of 190 Bridge St., to the Scholarship and Education Committee with a term to expire on April 11, 2025. Councillor Varela Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Held Under the Rules Voted  8 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s Re-Appointments of the following with a terms to expire: Term Name Board Term Length Expiration Sam (Sara) Fiore Beautification Committee 3 years 2/22/2027 Tina Zelano Board of Assessors 3 Years 2/22/2027 Tom Campbell Conservation Commission 3 Years 2/22/2027 Bart Hoskins Conservation Commission 3 Years 2/22/2027 George Barbuzzi Council on Aging 3 Years 2/22/2027 Dr. Jeremy Schiller Board of Heath 3 Years 2/22/2027 Richard Lobsitz Board of Trust Fund Commissioners 12 years 4/1/2036 Councillor Varela Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Held Under the Rules Voted  9 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Seventy-Six Thousand, Four Hundred Twenty Dollars and Eighty- Nine Cents ($76,420.89) 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 School $21,600.00 Thomas Bucher Department Salem School $35,100.00 Judith Borden Department Salem School $19,720.89 Patricia Mento Department $76,420.89 Councillor Merkl Sus. of the Rules Councillor Objection Action Contemplated Councillor Merkl Refer to the Comm. on Admin. & Finance OR Moved Adoption Voted ORDERED: To accept the donation of Three Thousand Five Hundred Dollars ($3,500.00) from Breanna Stead. The donation is to be deposited into the Parks and Recreation Donation Fund 2406 (24061-4830) in accordance with the recommendation of His Honor the Mayor. Action Contemplated Councillor Merkl Moved Adoption Voted  10 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR RESOLUTION: A Tax Increment Finance (T.I.F) Request For Chambers Property Holdings, LLC to build out a restaurant to be located at 65 Washington Street WHEREAS, Chambers Property Holdings, LLC (hereinafter “Owner”) has purchased the commercial condominium unit at 65 Washington Street, Salem, MA, known as City of Salem Assessor’s Parcel ID 35-0600-801 (hereinafter the “Property”); and WHEREAS, the Owner intends to build out the 3,212 square foot space into a 76-seat restaurant with commercial kitchen, restroom facilities, and back-of-house storage and office space (hereinafter “the Project”); and WHEREAS, the Owner shall enter into a lease agreement with the Chambers Restaurant Group, LLC (hereinafter “Operator”) for the purposes of operating and managing the Project once completed and creating 27 new employment opportunities; and WHEREAS, the City of Salem (hereafter “City”) is willing to grant tax concessions in return for a guarantee of the realization of the Project; NOW, THEREFORE, BE IT RESOLVED that the Salem City Council hereby • Incorporates the whereas clauses herein; and • Endorses the use of Tax Increment Financing as a tool to encourage economic development at the Property; and • Provides for a tax exemption at the Property for a period of five (5) years, beginning the first full fiscal tax year after Certificate of Occupancy is issued for the Property in accordance with the schedule below: Term Exemption % 1 100% 2 100% 3 75% 4 50% 5 25% Said exemption being in accordance with M.G.L. Chapter 23A, Section3E, Chapter 40, Section 59, Section 5.  11 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR BE IT FURTHER RESOLVED that the Mayor is hereby authorized, on behalf of the City, to enter into a Tax Increment Financing Agreement, a copy of which is attached hereto, with the Owner and the Operator. BE IT FURTHER RESOLVED that the City of Salem is hereby authorized to apply to the Economic Assistance Coordinating Council (EACC) for approval of the Tax Increment Financing Agreement. Action Contemplated Councillor Merkl Refer to the Comm. on Admin. & Finance Co-posted with Comm. of the Whole Voted OR Moved Adoption by RCV Yea Nay Abs Tax Increment Finance Agreement between the City of Salem and Chambers Restaurant Group, LLC for a restaurant located at 65 Washington Street (See Back-up for complete text of Agreement) Action Contemplated Councillor Merkl Refer to the Comm. on Admin. & Finance Co-posted with Comm. of the Whole Voted OR Moved Adoption by RCV Yea Nay Abs  12 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  13 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS Ordinance amending Traffic Ch. 42 Sec. 51B -Parking Prohibited at Certain Times on Certain Streets and 57A – Parking Time Limited: Unmetered Zones – Pleasant Street In the year Two Thousand and Twenty-Four An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 51B of Article V be amended by repealing the following: Pleasant Street – Parking Prohibited at Certain Times on Certain Streets - on the easterly side, beginning thirty-eight (38) feet from the intersection of Pleasant Street and Webb Street and proceeding southerly for a distance of one hundred twenty-five (125) feet. Fifteen (15) minute parking limit. (4/13/87) Section 2. Section 57A of Article V be amended by repealing the following: Pleasant Street – Parking Time Limited: Unmetered Zones - easterly side, starting at a point fifty-nine (59) feet from the intersection of Bridge Street in a southerly direction for a distance of eighty-four (84) feet. Two hour parking. (12/5/80 DPW 5-1905) And inserting the following: Pleasant Street – Parking Time Limited: Unmetered Zones - easterly side, beginning forty- five (45) feet south of the intersection with Bridge Street and extending in a southerly direction for fifty (50) feet, thirty (30) minute parking limit, Monday through Sunday, 8:00 A.M. to 6:00 P.M. Section 3. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Watson-Felt Moved Adoption for first passage Voted  14 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS ORDERED: That the Committee on Public, Health, Safety and Environment co-posted with the Committee of the Whole meet to discuss the encampment on the South Harbor Walkway on issues relating to but not limited to health-related concerns, public nuisance matters, public safety for all and the well-being of the people staying in that area. Action Contemplated Councillor Jerzylo Moved Adopted Voted  15 CITY OF SALEM FEBRUARY 12, 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: Record Exchange 256 Washington St., Witch City Consignment 301 Essex St., EcoATM (Shaws) 11 Traders Way, EcoATM (Walmart) 450 Highland Ave. has considered said matter and would recommend these licenses be granted. Accept the Report Voted Adopt the Recommendation Voted Councillor Morsillo offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Meeting to introduce a study and discussion of right-on-red ordinances and State laws for all traffic lights in the City of Salem. This meeting will introduce the data provided by the Traffic and Parking Department with additional data provided by the Police Department Traffic Division. We will also review the Federal Highway Administration’s Manual on Uniform Traffic Control Devices guidance on right-on-red. Subsequent meetings will drill down on the data in three sections, to be determined at this meeting. The backup material contains a map of all traffic lights and the data provided, as well as a list of articles related to right-on-red, has considered said matter and would recommend the matter remain in Committee. Accept the Report Voted Adopt the Recommendation Voted Councillor Varela offered the following report for the Committee on Government Services co- posted with the Committee of the Whole to whom was referred the matter of Creating an Election Commission and the process involved, has considered said matter and would recommend the matter remain in Committee. Accept the Report Voted Adopt the Recommendation Voted  16 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING COMMITTEE REPORTS Councillor Varela offered the following report for the Committee on Government Services co- posted with the Committee of the Whole to whom was referred the matter of a request from Eagle Scout Colin Bowker for his Eagle Scout Project to move the existing memorial of Benjamin Pierce at the rotary of Church St. and St. Peter’s St., to the center island on Church St. alongside a new plaque dedicated to Major General Stephen Abbot, has considered said matter and would recommend Adoption. Accept the Report Voted Adopt the Recommendation Voted  17 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS The following order was submitted by the City Solicitor relative to the exemption of MGL Ch. 268A, Sec. 20 (b) ORDERED: In accordance with Massachusetts General Law, Chapter 268A, Section 20(b) the City Council hereby declares that the following have met the requirements for exemption as set forth in this Section and may be retained through the Senior Citizen Tax Work Off Abatement Program by the Community Life Center, not to exceed 500 hours in this calendar year: Participant Title Department Susan Burton P/T Poll worker–Elections City Clerk Marie Brescia P/T Poll worker–Elections City Clerk Constance Fabello P/T Poll worker–Elections City Clerk Kathleen Part time Receptionist at Park, Recreation and Fitzgerald the CLC Community Services Joyce Greer P/T Poll worker–Elections City Clerk John Henkelman Seasonal/part-time worker Park, Recreation and at Winter Island Community Services Patricia Kasprzyk P/T Poll worker–Elections City Clerk Margaret MacNeil P/T Seasonal worker at Park, Recreation and Winter Island Community Services Elaine P/T Seasonal worker at Park, Recreation and McCormack Winter Island Community Services Wendy Meigs P/T Poll worker–Elections City Clerk Barbara Osika P/T Receptionist at CLC & Park, Recreation and P/T Poll worker–Elections Community Services/City Clerk Nancy Roney P/T File Clerk in Finance Finance Department Department & P/T Poll and City Clerk worker - Elections Pamela Shelton P/T Poll worker–Elections & City Clerk/ Park, P/T Charter Street Recreation and Cemetery Community Services Madeline von P/T Library Aide Public Library Jaeger David Wolfenden P/T Seasonal worker at Park, Recreation and Winter Island Community Services Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas Nays Abs  18 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS The following order was submitted by the City Clerk relative to the Election Order for the March 5, 2024 Presidential Primary ORDERED: That the meetings of the qualified voters of the City of Salem be held in the several voting precincts in the City at the polling places designated hereinafter on Tuesday, March 5, 2024, for the purpose of casting votes in the Presidential Primary Officers for the election of candidates of political parties for the following office: ORDENO: Que las reuniones de los votantes calificados de la Ciudad de Salem se celebren en los varios recintos electorales de la Ciudad en los lugares de votacion designados a continuacion el martes 3 de marzo de 2024, con el proposito de emitir votos en las primarias presidenciales para los candidatos de los partidos politicos para los siguientes cargos: PRESIDENTIAL PREFERENCE…. .FOR THIS COMMONWEALTH PREFERENCIA PRESIDENCIAL…. POR ESTA MANCOMUNIDAD STATE COMMITTEE MAN…………SECOND ESSEX DISTRICT COMISIONADO ESTATAL…………DISTRITO SEGUNDO DE ESSEX STATE COMMITTEE WOMAN…….SECOND ESSEX DISTRICT COMISIONDA ESTATAL……………DISTRITO SEGUNDO DE ESSEX WARD COMMITTEE………………...CITY OF SALEM COMITE DISTRITAL…………………CIUDAD DE SALEM AND BE IT FURTHER ORDERED: That the following places be and hereby are designated as polling places for said meetings: Y SE ORDENE ADEMÁS: Que los siguientes lugares sean y por la presente sean designados como lugares de votación para dichas reuniones: WARD ONE / DISTRITITO UNO PRECINCT 1 Bentley Academy, 25 Memorial Drive RECINTO 1 Gimnasio, Escuela Bentley Academy, 25 Memorial Drive PRECINCT 2 Community Room, 135 Lafayette Street RECINTO 2 Sala Comunitaria, 135 Lafayette Street WARD TWO / DISTRITITO DOS PRECINCT 1 & 2 Community Life Center, 401 Bridge Street RECINTO 1 & 2 Centro De Vida Comunitaria, 401 Bridge Street  19 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS WARD THREE / DISTRITO TRES PRECINCT 1 & 2 Salem High School Auditorium, 77 Willson Street RECINTO 1 & 2 Auditorio, Salem High School, 77 Willson Street WARD FOUR / DISTRITO CUATRO PRECINCT 1 & 2 Witchcraft Heights School Gymnasium, 1 Frederick Street RECINTO 1 & 2 Gimnasio, Escuela Witchcraft Heights, 1 Frederick Street WARD FIVE / DISTRITO CINCO PRECINCT 1 & 2 Saltonstall School Auditorium, 211 Lafayette Street RECINTO 1 & 2 Auditorio, Escuela Saltonstall School, 211 Lafayette Street WARD SIX / DISTRITO SEIS PRECINCT 1 & 2 Bates School Gymnasium, 53 Liberty Hill Avenue RECINTO 1 & 2 Gimnasio, Escuela Bates School, 53 Liberty Hill Avenue WARD SEVEN / DISTRITO SIETE PRECINCT 1 & 2 Salem State Enterprise Center, 121 Loring Avenue RECINTO 1 & 2 Salem State Enterprise Center, 121 Loring Avenue AND BE IT FURTHER ORDERED: That the polls at said meetings be opened at 7:00 a.m. and closed at 8:00 p.m. and that the City Clerk be instructed to post this notice as required by law. Y SE ORDENE ADEMÁS: Que las urnas en dichas reuniones se abran a las 7:00 a.m. y se cierren a las 8:00 p.m. y que se instruya a la Secretaria de la Municipal para que publique este aviso como lo exige la ley. Action Contemplated Councillor Prosniewski Moved Adoption by RCV Yeas Nays Abs  20 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING PETITIONS The Following License Applications: PUBLIC GUIDES: Lemaris Bell 116 Boston St., Salem Kimberly Bizjak 40 St. Peter St., Salem Grace Cuplin 202 Jefferson Ave., Salem Julia Finn 1 Ledgewood Way, Peabody Scott Freedman 44 Northridge Rd., Beverly MaryBeth Gardner 204 Jefferson Ave., Salem Joyce Harrington 50 Freedom Hollow, Salem Brian McCarron 14 Lyman St., Beverly Rebecca Parry 2 Wallace Rd., Marblehead Andrew Pennacchio 17 Coolidge Rd., Melrose Walter Prince 40 Auburn St., Saugus Pamela Cyran Swanson 394 Essex St., Salem Katherine Travers 394 Essex St., Salem Mikhail Trubnikov 10 Hardy St., Salem TAXI OPERATORS: Yudelka Rosario 104 Lafayette St., Salem Marino De Los Santos 12 Pope St., Salem Jose Munoz 16 Cherry St., Salem Leandro Aristy Cedeno 37 Cook St., Lynn Edward Batista 12 Cherry St., Salem Cristain Vicioso 22 Pingree St., Salem Welfry RV Baez 52 Dow St., Salem Ramon R Rodriguez-Suazo 100 Lafayette St., Salem Sandra Rosario 196 Loring Ave., Salem Pedro Sanchez 16 ½ Chase St., Salem VEHICLE FOR HIRE: Victor Antolini 19 Melch Rd., Lynnfield OPERATORS ONLY Councillor Morsillo Moved Granted Voted The Following License Applications: SECONDHAND CLOTHING: Re-Find 72 Washington St., Salem Action Contemplated Councillor Morsillo Moved Refer Comm. on Ord., Lic & Legal Affairs Voted  21 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING PETITIONS The Following Claim: Anthony Marks 22 Kosciusko St., Peabody Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affairs The Following Drainlayer/Contractor Operator Licenses: Bartlett & Steadman 67R Village St., Marblehead Caruso Corp. 320 Charger St., Revere Caruso & McGovern 1 Industrial Way, Georgetown DUC Residential LLC PO Box 780, Lynnfield R DiLisio Co.Inc 113 Fayette St., Lynn Thomas Mackey & Sons 58 Broadway, Salem Meninno Construction 76 Oakville St., Lynn D&M Civil 30 Log Bridge Rd., Middleton Murray Masonry 24 Caller St. Rear, Peabody Raffaele Construction 233 Burrill St., Swampscott Action Contemplated Councillor Morsillo Moved Granted Voted  22 CITY OF SALEM FEBRUARY 12, 2024 REGULAR MEETING UNFINISHED BUSINESS NONE On the motion of Councillor Prosniewski the meeting adjourned at P.M.