City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall September 24, 2024 MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting in-person on Thursday, September 26, 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/81629896460?pwd=AosMtzo3pHrae06eRSv30o9bIr7G09.1 Password: 813340 Go to the website link https://zoom.us/join. Enter Webinar ID: 816 2989 6460 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: 816 2989 6460 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 26, 2024 REGULAR MEETING A Regular Meeting of the City Council was held in-person on Thursday, September 26, 2024, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on September 24, 2024, at 2:18 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 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 This form will be available beginning 6:30 P.M. on the Tuesday before the 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.  3 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING If the on-line form is not available due to technology issues, you must use option #2. In addition, if you signed up for public testimony 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 SEPTEMBER 26, 2024 REGULAR MEETING HEARINGS Request from National Grid to install 2 Jointly Owned Poles on Almeda St. at the intersection of Highland Ave and Almeda St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Harvey Moved to close the Public Hearing Voted Councillor Harvey Moved Granted Voted  5 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING HEARINGS Request from National Grid to install 1 Jointly Owned Pole on Margin St. at the intersection of Summer St. and Margin St. APPEARING IN FAVOR: APPEARING IN OPPOSITION: Action Contemplated Councillor Morsillo Moved to close the Public Hearing Voted Councillor Morsillo Moved Granted Voted  6 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting The Mayor’s Appointment of Meryl Schultz 40 Summer St. to the Sustainability, Energy and Resiliency Committee with a term to expire September 9, 2027 Action Contemplated Councillor Morsillo Moved Confirmation by RCV Yeas Nays Absent Held from the last meeting The Mayor’s Appointment of Bryan Apito 11 Cleveland Rd to the Public Art Commission with a term to expire September 9, 2026 Action Contemplated Councillor Varela Moved Confirmation by RCV Yeas Nays Absent Held from the last meeting The Mayor’s Re-appointment of the following Salem Residents to the Zoning Board of Appeals, for the terms set forth below. Stephen Larrick 17 Carlton St. term to expire: September 10, 2026 Ellen Simpson 1 Geneva St. term to expire: September 10, 2026 Nina Vyedin 41 Felt St. term to expire: September 13, 2029 Action Contemplated Councillor Varela Moved Confirmation by RCV Yeas Nays Absent The Mayor’s Appointment of the following to the Food Policy Council, with a term to expire September 23, 2027. Shelmy Mendez 34 Willson St. Celia Grant 8 Alvah Kittredge Pk, Roxbury Councillor Varela Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Moved Held Under the Rules Voted  7 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s Appointment of Thomas Pineros Shields 7 Bristol St to the Affordable Housing Trust Fund Board, with a term to expire January 14, 2026. Councillor Cohen Suspension of the Rules Councillor Object Action Contemplated Councillor Cohen Moved Held Under the Rules Voted The Mayor’s Re-appointment of Jim Bostick 32 Barr St to the Public Art Commission, with a term to expire September 24, 2026. Councillor Stott Suspension of the Rules Councillor Object Action Contemplated Councillor Stott Moved Held Under the Rules Voted  8 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR BOND ORDER: That the order of the City Council passed on June 27, 2024 and approved by the Mayor on July 2, 2024, authorizing an appropriation and borrowing in the aggregate amount of $5,828,761 to fund the Fiscal Year 2025 General Fund Capital Improvement Program and allocating such authorized amount among various capital projects in specified amounts (“the FY25 CIP Loan Order”), is hereby amended to replace the projects designated in the FY25 CIP Loan Order as “School – Lighting (Energy Efficiency) - $591,388”; “School – Weatherization/Infiltration Reduction (Energy Efficiency) - $134,396”; and “School – Controls (Energy Efficiency) - $556,977” with the following project: “School – Energy Efficiency Improvements - $1,282,761”; and that the FY25 CIP Loan Order is otherwise ratified and confirmed in all respects. Councillor Merkl Suspension of the Rules Councillor Objection Action Contemplated Councillor Merkl Moved Adoption for first passage by RCV Yea Nay Abs OR Referred to the Comm. on Admin. & Finance Voted ORDERED: That the sum of Twenty-Six Thousand Nine Hundred Ninety-Three Dollars and Eighty- Five Cents ($26,993.85) is hereby appropriated within the “Capital Outlay” account (20002517- 5846JG) to cover the cost for Fiber Optic Cable Maintenance tasks for City of Salem owned fiber optic cable (FOC) system aerial plant in accordance with the recommendation of His Honor the Mayor. Councillor Merkl Suspension of the Rules Councillor Objection Action Contemplated Councillor Merkl Moved Adoption Voted OR Referred to the Comm. on Admin. & Finance Voted  9 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Resolution and Tax Increment Exemption Agreement for 38 Norman Street QOZB, LLC (Entire Agreement can be found in the backup) RESOLUTION: WHEREAS, the City of Salem has been in negotiation with 38 Norman QOZB, LLC regarding a development consisting of eighteen units of market rate housing, two units of affordable housing reserved for families earning less than 60 percent of median area income at 38 Norman Street; WHEREAS, 38 Norman QOZB, LLC has applied for certification under the Massachusetts Housing Development Incentive Program created by Chapter 40V of Massachusetts General Laws; WHEREAS, the project proposed by 38 Norman QOZB, LLC meets the minimum requirements of the Housing Development Incentive Program and the local objectives of the City of Salem’s Housing Development Zone Plan; WHEREAS, the proposed project is located at 38 Norman Street, Salem, MA, which is within the boundaries of the City of Salem’s designated Housing Development Zone; WHEREAS, the City of Salem has agreed to offer 38 Norman QOZB, LLC a Tax Increment Exemption Agreement. Said agreement is hereby approved by the City Council; WHEREAS, 38 Norman QOZB, LLC is investing $11 million to create 20 total units of housing; NOW, THEREFORE, BE IT RESOLVED that the Salem City Council hereby approves the Certified Project Application of 38 Norman QOZB, LLC and forwards said application to the Massachusetts Executive Office of Housing and Livable Communities (EOHLC) for its approval and endorsement. Action Contemplated Councillor Merkl Moved Adoption by RCV Yea Nay Abs OR Refer to the Comm. on Admin. & Fin. Voted  10 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  11 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS NONE  12 CITY OF SALEM SEPTEMBER 26, 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 it was referred the matter of Redesign of the City Seal, has considered said matter and would recommend: Matter remain in Committee. Accept the Report Voted Adopt the Report Voted Councillor Varela offered the following report for the Committee on Government Services co- posted with the Committee of the Whole to whom it was referred the matter of Establishing a Salem City Seal Task Force, has considered said matter and would recommend: Adoption as Amended Accept the Report Voted Adopt the Report Voted  13 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS NONE  14 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING PETITIONS A request from Friends of Northshore Education Consortium to hold a Road Race Festivus 5K for Autism and use of City Streets on December 15, 2024. Action Contemplated Councillor Jerzylo Moved Granted by RCV Yea Nay Abs The Following License Applications: PUBLIC GUIDES: Rev. Eric Fialho 42 Joanne Dr. Marion Douglas Cross Jr. 67 Palmer St. Salem Molly Mitchell 8 Arthur St. Salem Jordan Zambito 140 Union St. Lynn Jeriyan Morris 82 Marc Ave Southbridge Yarlene Rivera 22 Bridge St. Salem Kevin Wyrocki 15 Seaview Ave. Boston Gabrielle Collins 95 Lexington St. Lynn David Mulhern 62 Nahant St. Lynn Alic Parish 4306 Black Hawk Cir. Fort Collins CO Alexandra Tumilson 23 Central Ave Lynn Adam Kocur 7 Holly St Salem Shannon Corbett-Hogue 35 Glen Rd. Wilmington Charisma Hubbard 10 Bradford St. Westford Christen Ward 7 Makechnie Rd Burlington Frederick Surowiec 621 Halie St. Beverly Krystina Yeaster 205 Highland Ave. Beverly Roberta DeCamargo 3 Columbia Rd Wakefield Jane Marks 2 Lovell Ln. Orleans Carter Braxton Semmes 29 Sunset Rd. Winchester Randy Boback 237 Central St. Georgetown  15 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING PETITIONS PUBLIC GUIDES CONT: Ashton Bishop 7 Morningside Ln. N. Andover Ojingwn Gutierrez 122 A St. Framingham Daniel Carter 10 Pond St. Beverly Robert Jackson 4 Oak St. Lynnfield John Harte 39 Northey St. Salem Action Contemplated Councillor Morsillo Moved Granted Voted The Following License Application DENIED: PUBLIC GUIDE: George MacNeill 960 Humphrey St. Swampscott Action Contemplated Councillor Morsillo Moved Denied Voted The Following License Applications: SECOND HAND VALUABLE: Game Zone 270 Essex St. Salem Action Contemplated Councillor Morsillo Refer to Comm. on Ord., Lic. & Legal Affairs . Voted The Following Drainlayer/Contract Operator License Application: A Rooterman 15 Littles Lane Peabody Vinny Mofford Excavation LLC 5 Bryant Cir. Middleborough Early Contractors, Inc 50 South Main St. Bradford Action Contemplated Councillor Morsillo Moved Granted Voted  16 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING PETITIONS The Following Claims: Kenneth Feliz 261 Unreal St. Manchester, NH Hector Joel Cardona 2534 Coney Island Ave. Brooklyn NY Luke Jonas 251 Rantoul St. Beverly Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affairs The Following Bonds: DRAINLAYER: A Rooterman 15 Littles Lane Peabody Vinny Mofford Excavation LLC 5 Bryant Cir. Middleborough Action Contemplated Councillor Morsillo Refer to Comm. on Ord., Lic. & Legal Affairs & Returned Approved Voted  17 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING UNFINISHED BUSINESS In the year Two Thousand and Twenty-Four An Ordinance relative to certificate of fitness Be it ordained by the City Council of the City of Salem, as follows: Section I. Sec. 2-705 – Certificate of fitness of rented dwelling unit, apartment or tenement of Chapter 2, Division 3 Board of Health is hereby amended by deleting sub-paragraph 1) in its entirety and replacing it with following: “(1) Three-year inspection requirement. Every three years, each rental unit shall be inspected to ensure compliance with the state sanitary code and city ordinances. The three-year inspection requirement shall not apply to any owner-occupied unit”. Section II. Sec. 2-705 – Certificate of fitness of rented dwelling unit, apartment or tenement of Chapter 2, Division 3 Board of Health is hereby further amended by deleting the phrase “including those in owner occupied two- and three- family homes” in its entirety as it appears in the first sentence of sub-paragraph 2). Section III. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Moved Adoption for second passage VOTED In the year Two Thousand and Twenty-four An Ordinance relative to changing the name of the data processing department Be it ordained by the City Council of the City of Salem, as follows: Section I. Article XIV of Chapter 2 is hereby amended by 1) deleting the Article title in its entirety and replacing it with “Technology and Innovation” 2) deleting Sections 2-2021 through 2-2025 in their entirety and replacing them with the following: “Sec. 2-2021. Appointment; term; removal; vacancy.  18 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING UNFINISHED BUSINESS A Director of Technology and Innovation shall be appointed biannually in January by the mayor, subject to confirmation by the city council, and shall hold office for two years from February 1 following their appointment or until a successor is appointed and qualified. The director may be removed for cause at any time by the mayor with the approval of the city council. A vacancy in such office may be filled at any time by the mayor, subject to confirmation by the city council.” 3) Re-numbering all sections of this Article to account for the removal of four sections. Section II. Chapter 2 is hereby further amended by deleting the phrase “data processing (management information systems)” as it appears in Sec. 2-494 Powers and duties generally of the Finance Director. Section III. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Moved Adoption for second passage VOTED In the year Two Thousand and Twenty-Four An Ordinance to amend an Ordinance relative to Traffic – Ch. 42, Sec. 50B - Handicapped Zones, Limited Time Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 50B - Handicapped Zones, Limited Time shall be amended by repealing the following: North Street – One Handicap Parking space to be repealed in front of #109 North Street, for a distance of 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  19 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING UNFINISHED BUSINESS In the year Two Thousand and Twenty-Four An Ordinance to amend an Ordinance relative to Traffic – Ch. 42, Sec. 50B - Handicapped Zones, Limited Time Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 50B - Handicapped Zones, Limited Time shall be amended by adding the following Jefferson Avenue – One Handicap Parking space to be added in front of #336 Jefferson Avenue, for a distance of twenty (20) feet Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Varela Moved Adoption for first passage by RCV Yeas Nay Abs In the year Two Thousand and Twenty-Four An Ordinance to amend an Ordinance relative to Traffic – Ch. 42, Sec. 50B - Handicapped Zones, Limited Time Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 50B - Handicapped Zones, Limited Time shall be amended by adding the following Broadway – One Handicap Parking space to be added in front of #95 Broadway , for a distance of twenty (20) feet Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Moved Adoption for second passage VOTED  20 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING UNFINISHED BUSINESS In the year Two Thousand and Twenty-Four An Ordinance Relative to Traffic, Ch. 42, Sec. 49 – Obedience to Isolated Stop Signs Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 49 – Obedience to Isolated Stop Signs be amended by adding the following: Pioneer Circle - Obedience to Isolated Stop Signs – Northwesterly bound traffic on Pioneer Circle at Puritan Road. Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Harvey Moved Adoption for second passage VOTED In the year Two Thousand and Twenty-Four An Ordinance Relative to Traffic, Ch. 42, Sec. 49 – Obedience to Isolated Stop Signs Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 49 – Obedience to Isolated Stop Signs be amended by adding the following: Oak Street - Obedience to Isolated Stop Signs – East Bound traffic on Oak Street at Flint Street Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Stott Moved Adoption for second passage VOTED  21 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING UNFINISHED BUSINESS 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 75 of Article V-A be amended by inserting the following: Derby Street – Parking Prohibitions Towing Zone – #222 Derby Street to be included to obtain resident parking permits but no visitor passes shall be issued. Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Jerzylo Moved Adoption for second passage VOTED 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 51 of Article V be amended by repealing the following: Naples Road – Parking Prohibited on Certain Streets – northerly side. And inserting the following: Naples Road – Parking Prohibited on Certain Streets – northerly side, beginning one hundred sixty (160) feet from Lafayette Street and extending in an easterly direction to Hemenway Road. Section 2. Section 51B of Article V be amended by repealing the following: Naples Road – Parking Prohibited at Certain Times on Certain Streets – southerly side, from 6:00 A. M. to 8:00 P. M. (7/26/67 DPW 1448)  22 CITY OF SALEM SEPTEMBER 26, 2024 REGULAR MEETING UNFINISHED BUSINESS And inserting the following: Naples Road – Parking Prohibited at Certain Times on Certain Streets – southerly side beginning at a point one hundred ninety (190) feet from Lafayette Street and extending in an easterly direction to Hemenway Road, Monday through Friday, 8:00 A.M. to 6:00 P.M. Section 3. Section 74 of Article V-A be amended by repealing the following: Naples Road – General Prohibition Towing Zones – southerly side, from Lafayette Street in an easterly direction for a distance of one hundred ninety (190) feet, Monday through Friday, 8:00 A. M. to 8:00 P. M. (12/2/81 DPW 5-2048) And inserting the following: Naples Road – General Prohibition Towing Zones – southerly side, from Lafayette Street in an easterly direction for a distance of one hundred ninety (190) feet, Monday through Friday, 8:00 A.M. to 6:00 P.M. Section 4. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Moved Adoption for second passage VOTED On the motion of Councillor Prosniewski the meeting adjourned at P.M.