City Council

CITY OF SALEM 1 SPECIAL MEETING AUGUST 22, 2024 A Special Meeting of the City Council was held in the City Council Chambers on Thursday, August 22, 2024, at 6:30 P.M. for the purpose of taking action on the items listed below: Notice of this meeting was revised and posted on August 20, 2024 at 2:54 P.M. Councillor Varela was recorded as absent. He recused himself from this meeting due to the Zoning matter. Council President Ty Hapworth presided. #412 – APPROPRIATION OF $267,325.00 TO FUND FY2025 PAY INCREASES FOR THE SALEM POLICE SUPERIOR OFFICERS ASSOCIATION The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Two Hundred Sixty-Seven Thousand, Three Hundred Twenty- Five Dollars ($267,325.00) is hereby appropriated from the General Stabilization Fund to the accounts listed below to fund FY 2025 pay increases associated with the memorandum of agreement reached with the Salem Police Superior Officers Association effective July 1, 2023, in accordance with the recommendation of His Honor the Mayor. Police-Salaries Full-Time 12101-5111 $105,889.00 Police-Overtime 12101-5131 $ 20,120.00 Police-Holidays 12101-5136 $ 11,799.00 Police-Longevity 12101-5141 $ 7,800.00 Police-Ed Incentive 12101-5145 $ 56,320.00 Police-Specialty Stipends 12101-5154 $ 59,100.00 Police-Night Differential 12101-5156 $ 6,291.00 $267,325.00  CITY OF SALEM 2 SPECIAL MEETING AUGUST 22, 2024 #413 – APPROPRIATION OF $190,001.35 TO HR RETRO WAGES ACCOUNT FOR FY2024 RETRO WAGES PAY INCREASES FOR THE SALEM POLICE SUPERIOR OFFICERS ASSOCIATION The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of One Hundred Ninety Thousand, One Dollar and Thirty-Five Cents ($190,001.35) is hereby appropriated from the General Stabilization Fund to the "Human Resources Retro Wages Account” (11521-5161) for the FY2024 retroactive wages for pay increases pursuant to the contract settlement reached with Salem Police Superior Officers Association effective July 1, 2023, in accordance with the recommendation of His Honor the Mayor. #414 – APPROPRIATION OF $52,938.18 TO HR RETRO WAGES ACCOUNT FOR FY2025 RETRO WAGES PAY INCREASES FOR THE SALEM POLICE SUPERIOR OFFICERS ASSOCIATION The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Fifty-Two Thousand Nine Hundred Thirty-Eight Dollars and Eighteen Cents ($52,938.18) is hereby appropriated from the General Stabilization Fund to the "Human Resources Retro Wages Account” (11521-5161) for the FY2025 retroactive wages for pay increases pursuant to the contract settlement reached with Salem Police Superior Officers Association effective July 1, 2023, in accordance with the recommendation of His Honor the Mayor. #415 – (#251) – ZONING ORDINANCE AMENDMENT RELATIVE TO B-1 ZONING, SEC. 3.1 TABLE OF PRINCIPAL AND ACCESSORY USE REGULATIONS Councillor Morsillo offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report. The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom it was referred the matter of a Zoning Ordinance relative to B-1 Zoning, Sec. 3.1 Table of Principal and Accessory Use Regulations has considered said matter and would recommend that the matter be adopted for first passage as amended by roll call vote. Councillor Morsillo stated the amendment that came out of committee was to add the word indoor in Sec. 1(a) before the words commercial recreation.  CITY OF SALEM 3 SPECIAL MEETING AUGUST 22, 2024 Councillor Morsillo stated that zoning is a process and that the mass general law must be followed which has deadlines for different steps in the process. She doesn’t know how to get everyone engaged. She works her hardest to get the word out about what is happening in the city. She supports the amendments. She spoke about small grocery stores can’t go back because they are not zoned for it. Councillor Jerzylo made a motion for an amendment to delete Section 1(a) in its entirety. Councillor Prosniewski seconded the motion. Councillor Jerzylo stated everyone is talking about small grocery stores. Deleting subsection (a) will not change that. It will remain in the ordinance amendments. Just taking the restaurants out of it. The residents don’t want late night noises, drunk people, or people smoking near where they live. There are twelve restaurants already in the vicinity and don’t think we need any more. Councillor Merkl asked for clarification on how many votes are needed to pass zoning. Councillor President replied eight. Councillor Cohen reminded everyone that this amendment is not just for this area. It’s for all the areas of B-1 not just Derby Street. Would vote no on this amendment. Councillor Watson-Felt would vote no on this amendment. Except for in home daycare, it is only by the approval of the Zoning Board of Appeals (ZBA). It still needs to go through the ZBA and in addition to ZBA approval it would also need to go through the Licensing Board to get approval for alcohol. We also have a robust CIU who works closely with residents and businesses. Councillor Prosniewski commends Councillor Jerzylo for her amendment. She is trying to take the most contentious part out of it. Don’t think every B-1 zone has the same needs of every other B-1 Zones i.e., size, density, not the same need. Councillor Prosniewski assumes chair. Councillor Hapworth commends Councillor Jerzylo. He does not agree with it but is a sign of a good ordinance or law. Not everyone gets what they want. Compromise is important. We don’t have eight votes. Instead of saying no to the entire package we still need grocery stores and day cares. Councillor Hapworth assumes the chair. Councillor Stott also appreciates the amendment but doesn’t agree with it. We are creating a B-1 with alcohol. The Board of Appeals is where the robust discussion would take place. Need to work for Derby Street and for North Street.  CITY OF SALEM 4 SPECIAL MEETING AUGUST 22, 2024 Councillor Merkl stated she doesn’t support removing subsection (a) but appreciates the effort. Vote on Motion to remove subsection (a) passes with a hand vote of 7 yeas, 3 nays and 1 absent. Motion to adopt the zoning ordinance as amended was adopted for first passage by a roll call vote of 10 yeas, 0 nays and 1 absent. Councillor Varela was recorded as absent. Original Ordinance: In the year Two Thousand and Twenty-Four An Ordinance to amend an ordinance relative to business neighborhood zoning Be it ordained by the City Council of the City of Salem, as follows: Section I. Section 3.1 Table of Principal and Accessory Use Regulations of the Zoning Ordinance is hereby amended by: a. Replacing the “N” in the B1 zoning district column with a “BA” for two Commercial Uses, Commercial recreation and Indoor Restaurant, with service of alcoholic beverages; b. Replacing the commercial use text “Retail store, except department store, not elsewhere set forth” with “Retail or grocery store, except department store, not elsewhere set forth;” c. Replacing the “N” in the B1 zoning district column with a “Y” for the Accessory Use of Family day care, small; and d. Replacing the “N” in the B1 zoning district column with a “BA” for the Accessory Use of Home occupation. Section II. This Ordinance shall take effect as provided by City Charter. Amended Ordinance: In the year Two Thousand and Twenty-Four An Ordinance to amend an ordinance relative to business neighborhood zoning Be it ordained by the City Council of the City of Salem, as follows:  CITY OF SALEM 5 SPECIAL MEETING AUGUST 22, 2024 Section I. Section 3.1 Table of Principal and Accessory Use Regulations of the Zoning Ordinance is hereby amended by: a. Replacing the commercial use text “Retail store, except department store, not elsewhere set forth” with “Retail or grocery store, except department store, not elsewhere set forth;” b. Replacing the “N” in the B1 zoning district column with a “Y” for the Accessory Use of Family day care, small; and c. Replacing the “N” in the B1 zoning district column with a “BA” for the Accessory Use of Home occupation. Section II. This Ordinance shall take effect as provided by City Charter. (#183) - SECOND PASSAGE OF AN ORDINANCE AMENDING AN ORDINANCE RELATIVE TO CH. 42, SEC. 75A – HALLOWEEN RESIDENT STICKER PARKING The Second passage of an ordinance amending an ordinance relative to Ch. 42, Sec. 75A - Halloween Resident Sticker Parking was then taken up. It was adopted for second and final passage. In the year Two Thousand and Twenty-four An Ordinance to amend an ordinance relative to Traffic Ch. 42, Sec. 75A – Parking Prohibitions Towing Zone (October Resident Parking) Be it ordained by the City Council of the City of Salem, as follows: Section 1. Amend Chapter 42, Section 75A Parking prohibitions towing Zone (October Resident Parking) by deleting the first paragraph in its entirety in Paragraph A and replacing it with the following: A. Temporary October Resident Permit Parking. Residents of certain streets shall be granted eligibility for temporary resident permit parking, and certain streets shall be designated as temporary resident permit parking streets, from October 1 to November 1. Eligible residents will be permitted to register their vehicles through an online portal provided by the City. Residents will be required to provide proof of residence and vehicle registration such that their vehicle is identifiable to parking enforcement and police department staff based on said vehicles license plate. One temporary guest permit may be purchased, in accordance with Section 75C, at a cost of $10.00. Temporary resident permit parking signage will be installed on said streets. Temporary October Resident Permit Parking shall be in effect from 5:00 P.M. to 7:00  CITY OF SALEM 6 SPECIAL MEETING AUGUST 22, 2024 A.M., Monday through Friday, and 12:00 P.M. to 7:00 A.M. Saturday through Sunday, October 1 to November 1. Temporary October Resident Parking shall occur on the street in existing parking areas and shall not supersede other parking restrictions, including but not limited to, handicap/accessible parking spaces, parking within four (4) feet of a driveway, parking within twenty (20) feet of an intersection, or parking restricted on a certain side of the street. Residents of the following streets shall be eligible for Temporary October Resident Permit Parking. Temporary signage shall be installed before October 1 indicating streets designated as Temporary October Resident Permit Parking streets and all parking shall be prohibited during the hours indicated except by residents that are permitted to register their motor vehicles through the online portal. Temporary October Resident Permit Parking - Parking prohibitions towing zone (October Resident Parking) - Andrew Street, Barton Place, Beacon Street, Boardman Street, Bridge Street from Howard Street to Beacon Street, Briggs Street, Broad Street from Dalton Parkway to Jackson Street, Broad Street from Phelps Street to a point one hundred fifty (150) feet west of Cambridge Street, Cabot Street from Cedar Street to Hancock Street, Cedar Street, Chase Street, Cherry Street, Conant Street, Cross Street, Cross Street Court, Cypress Street, Dalton Parkway even side only (14- 18 Dalton Pkwy), Derby Street from Webb Street to Fort Avenue, Dow Street, Downing Street, Emerton Street, Endicott Street, Essex Street from Boston Street to Monroe Street, Essex Street form Herbert Street to Webb Street, Fairfield Street, Flint Street from Bridge Street to Federal Street and from Essex Street to Dalton Parkway, Forrester Street, Fort Avenue from Webb Street to 39 Fort Avenue, Fowler Street, Gardner Street, Hancock Street from Cabot Street to Lafayette Street, Harbor Street from Lafayette Street to Congress Street, Harrington Court, Harrison Avenue, Hathorne Crescent, Hathorne Place, Hathorne Street, Leavitt Street from Lafayette Street to Perkins Street, Lemon Street Court, Lemon Street, Lyme Street, Lynch Street from Congress Street to Perkins Street, Lynn Street from Andover Street to River Street, Margin Street from Winthrop Street to Prescott Street on the even numbered side, Milk Street, Mount Vernon Street, Naumkeag Street, North Pine Street, Orne Square, Palmer Street, Park Street, Parker Court Peabody Street, Pearl Street, Perkins Street, Phelps Street, Pickering Street, Pickman Street, Pingree Street, Pleasant Street Avenue, Pleasant Street, Pond Street, Porter Street Court, Porter Street, Prescott Street, Prince Street, Prince Street Place, Salem Street from Harbor Street to Chase Street, Saunders Street, Smith Street, South Pine Street, Spring Street, Stearns Place, Summer Street from Margin Street to Endicott Street, Vale Street, Ward Street, Warner Street, Warren Street from Flint Street to Pickering Street on southerly side, Washington Square East on the easterly side, Washington Square North on the northerly side, Washington Square South on the southerly side from 38 Washington Square South to Washington Square East, Webb Street, Webster Street, Winter Street, Winthrop Street, Woodbury Court.  CITY OF SALEM 7 SPECIAL MEETING AUGUST 22, 2024 B. Permits Issued at Department of Transportation Director's Discretion. The Director of the Department of Transportation shall, in consultation as needed with the Mayor's Office, the City Collector's Office, and the Police Traffic Unit Commander, grant other temporary parking permits as needed during the month of October as they see fit, either to residents with special circumstances or business owners on streets designated as Temporary October Resident Permit Parking Streets. Residents or business owners that feel they are eligible for such a permit shall contact the Director of the Department of Transportation at the City Hall Annex. C. Downtown October Resident Parking. Residents at the following addresses required to purchase parking passes at either the Museum Place Garage or South Harbor Garage shall be able to purchase a pass for $115.00 for the month of October in the Museum Place Garage and that no more than fifty (50) parking spaces will be sectioned off on the roof as reserved spaces for these temporary passholders. Additional spaces may be reserved at the discretion of the Director of the Department of Transportation. 1. 7 Crombie Street (Bluestone Condominiums) 2. 11 Church Street (Essex Condominiums) 3. 281 Essex Street (Latitude Condominiums) 4. 51 Lafayette Street (Derby Lofts) 5. 50 St. Peter Street (Iron Bar Condominiums) 6. Townhouse Square Condos 7. 141 Washington Street 8. 2 Derby Square (Essex St Lofts) Section 2. This Ordinance shall take effect as provided by City Charter (#184) - SECOND PASSAGE OF AN ORDINANCE AMENDING AN ORDINANCE RELATIVE TO CH. 42, SEC. 75 RESIDENT STICKER PARKING The second passage of an ordinance amending an ordinance relative to Ch. 42, Sec. 75 - Resident Sticker Parking was then taken. (The complete list of streets on file in the City Clerk’s office) Councillor Cohen stated that at the July 18, 2024 committee meeting it was voted not to raise the fees. However, at the July 25, 2024 Special Meeting which he could not attend the fees were increased.  CITY OF SALEM 8 SPECIAL MEETING AUGUST 22, 2024 Councillor Cohen made a motion to decrease the fees in Section D that the permit go from $10.00 to $5.00, the first visitor pass from $15.00 to $10.00 and the second visitor pass from $30.00 to $20.00. Councillor Prosniewski seconded the motion. The motion failed by a hand vote of 4 yeas to 6 nays. The matter did not carry. This ordinance was adopted for second and final passage. In the year Two Thousand and Twenty-four An Ordinance to amend an Ordinance relative to Ch. 42 Sec. 75 - Parking Prohibitions Towing Zone (resident permit parking) Section 1. Amend Chapter 42, Section 75 by deleting this section in its entirety and replacing it with the following: Sec. 75. Parking prohibitions towing zone (resident permit parking). The City Council enacts the attached ordinance comprising the following zones for resident permit parking: Resident Parking Zones The following zones are hereby designated resident parking zones and only streets within these zones shall be eligible to be made limited to resident parking: ZONE A ZONE B ZONE C ZONE D ZONE E ZONE F ZONE G. Any streets located outside ZONES A-G that are designated or should become designated for resident parking shall be part of a catch-all ZONE H. The boundaries of the aforementioned zones are shown on a plan on file with the Director of the Department of Transportation entitled "City of Salem Residential Parking Zones: Parking Prohibitions Towing Zone and is incorporated and made part of this ordinance. No person shall stand or park or allow, permit or suffer any vehicle registered in their name to stand or park on any of the ways or parts of ways hereinafter described and during the periods of time set forth unless a resident permit has been purchased and is identifiable by parking enforcement and police department staff based on said vehicles license plate or visitor parking permit has been purchased and identifiable by parking enforcement and police department staff based on said vehicles license plate or unless said vehicles bear a handicapped license plate issued by the Registrar of Motor Vehicles pursuant to Massachusetts General Laws Chapter 90 Section 2.  CITY OF SALEM 9 SPECIAL MEETING AUGUST 22, 2024 Official Traffic Signs The provisions of Section 75 shall be effective only during such time as sufficient number of official traffic signs bearing the legend "Tow-Away Zone" are installed, erected, maintained and located as to be visible to approaching drivers, said signs to be appended above or incorporated into the legend of Resident Parking Prohibition Signs. Procedures for Designating or Modifying a Street within a Resident Parking Zone The Transportation Commission shall recommend policies for designating and modifying resident parking zones. These shall include accepting petitions from residents and in coordination with the Ward Councillor, making recommendations to the City Council for approval. Procedures for Obtaining Permits. A. Eligibility: Any motor vehicle owned by a resident domiciliary of the City of Salem registered under the General Laws of the Commonwealth of Massachusetts registered and garaged in the City of Salem, excluding any vehicles prohibited from residential areas under the provisions of Chapter 42, Section 55B, shall be eligible for a Resident Parking Permit provided said resident domiciliary resides in one of the zones aforementioned and streets hereinafter mentioned. A resident parking permit applicant shall provide the Department of Transportation with a vehicle registration, driver's license, and utility/household bill as proof of current residency. In instances where an individual does not meet the above stated requirements the Police Chief or their designee, or the Director of the Department of Transportation, and upon consultation with the Ward Councillor, may alter the requirements for obtaining a resident permit in limited circumstances. Those circumstances include either an individual who resides part -time in the city, with vehicles registered elsewhere or an individual who is a non-resident property owner or landlord. In both instances no visitor parking permits shall be issued. The issued permit shall be valid for a period of one year and is only valid on designated streets within the zone the property is located within. Eligibility of College and University Students Living Off Campus: A resident parking permit shall be issued to a College or University student living off campus with proof of a residential lease and/or utility bill in the student's name for a residence in one of the zones aforementioned and street hereinafter mentioned, College issued enrollment verification and vehicle registration, regardless of where the vehicle is registered. Eligibility of Active-Duty Military Personnel: A resident permit shall be issued to active-duty military personnel living in Salem with proof of a residential lease and/or utility bill in the individual's name for a residence in one of the zones aforementioned and street hereinafter mentioned, verification of active-duty military status, and vehicle registration, regardless of where the vehicle is registered.  CITY OF SALEM 10 SPECIAL MEETING AUGUST 22, 2024 Compliance with state and local laws: No resident parking permits shall be issued for any unit where the number of non-related residents violates the State Building Code and/or City Ordinances, as determined by the City's Building Inspector. B. How and where to obtain permits: The Department of Transportation shall be in charge of issuing permits upon verification of residence, domicile and registration. The City's Police Department and Department of Transportation shall be responsible for enforcement of the ordinance. The Police Chief or their designee, or the Director of the Department of Transportation, may alter the requirements for obtaining a resident permit in limited circumstances, and upon consultation with the Ward Councillor. Renewal of resident parking permits shall be on a rolling basis by zone and staggered throughout the year, as determined by the Director of the Department of Transportation. C. Visitor parking permits: The Department of Transportation shall also be in charge of issuing no more than two (2) portable Visitor Parking Permits per dwelling unit, as defined in Section 10 of the City's Zoning Ordinance, excluding College and University Student Resident Parking Permit holders as defined in sub-section A above, that shall be used for visitors of the residents of the area. Proof of residency is required as in Sub- Section B above. The Visitor Permits are to be used ONLY while visitors are actually visiting the dwelling unit to which the permits are issued. Visitor permits shall be valid only for a period of time not longer than 7 consecutive days for any one visitor. Any abuse in the use of a Visitor Permit will result in the revocation of the Permit. D. Fees: The fee for each Resident Parking Permit shall be $10.00 and shall be valid for a period of one year, provided that the owner of the vehicle continues to be domiciled within the zone indicated on the resident parking permit, in the event the owner of the vehicle is domiciled outside the zone indicated, the resident parking permit shall be considered null and void. The fee for the first Visitor Parking Permit shall be $15.00. The fee for a second Visitor Parking Permit shall be $30.00. Each Visitor Parking Permit shall be valid for one year. The fee for each Seasonal (enforced less than 12 months out of the year) Resident Parking Permit shall be $5.00 and shall be valid for a period of one year, provided that the owner of the vehicle continues to be domiciled within the zone indicated on the resident parking permit, in the event the owner of the vehicle is domiciled outside the zone indicated, the resident parking permit shall be considered null and void. The fee for the first Visitor Parking Permit shall be $10.00. The fee for a second Visitor Parking Permit shall be $20.00. Each Visitor Parking Permit shall be valid for one year. The fee for each Resident Parking Permit issued to an individual who resides part - time in the city, with vehicles registered elsewhere, will be $30.00. The fee for each Resident Parking Permit issued to a non-resident property owner or landlord shall be $50.00.  CITY OF SALEM 11 SPECIAL MEETING AUGUST 22, 2024 Fees for College and University Students Living Off Campus with non-Salem vehicle registration: The fee for each Resident Parking Permit issued to a College or University student living off campus and eligible for such a Permit shall be $10.00 and shall be valid for a period of one year, provided that the owner of the vehicle continues to be domiciled within the zone indicated on the resident parking permit. In the event the owner of the vehicle is domiciled outside the zone indicated, the resident parking permit shall be considered null and void. No Visitor Parking Permits shall be issued. Fees for Active-Duty Military Personnel with non-Salem vehicle registration: The fee for each Resident Parking Permit issued to active-duty military personnel living in Salem with non-Salem vehicle registration and eligible for such a Permit shall be waived and shall be valid for a period of one year, provided that the owner of the vehicle continues to be domiciled within the zone indicated on the resident parking permit. In the event the owner of the vehicle is domiciled outside the zone indicated, the resident parking permit shall be considered null and void. E. Miscellaneous: 1. The Department of Transportation shall keep records of the issuance of all resident permits and their expiration dates. 2. The Director of the Department of Transportation is authorized to revoke the residential parking permit of any person found in violation of these regulations. Parking prohibitions—Fine and/or towing. The following streets or portions thereof, shall comprise the Resident Parking Zones within the City and all parking shall be prohibited during the hours indicated except by motor vehicles containing the Resident Parking Permit or Visitor Parking Permit provided herein: Section 2. This Ordinance shall take effect as provided by City Charter On the motion of Councillor Prosniewski the meeting adjourned at 8:23 P.M. ATTEST: ILENE SIMONS CITY CLERK