City Council

City of Salem, Massachusetts Office of the City Clerk Ilene Simons Room 1 City Clerk City Hall January 7, 2025 MEETING NOTICE AND AGENDA The Salem City Council will hold its regular meeting in-person on Thursday, January 9, 2025, 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/82940779043?pwd=VyW1EsXRqEib3b9CQJd6uraIezGNXn.1 Password: 071806 Go to the website link https://zoom.us/join. Enter Webinar ID: 829 4077 9043 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: 829 4077 9043 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 9, 2025 REGULAR MEETING A Regular Meeting of the City Council was held in-person on Thursday, January 9, 2025, at 7:00 P.M. for the purpose of transacting any and all business. Notice of this meeting was posted on January 7, 2025, at 11:39 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 Prosniewski presided. Councillor moved to dispense with the reading of the record of the previous meeting. VOTED President Prosniewski 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 JANUARY 9, 2025 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 JANUARY 9, 2025 REGULAR MEETING HEARINGS ORDERED: National Grid to install Conduits on Union St., for service at 13 Hawthorne Blvd. 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 JANUARY 9, 2025 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS Held from the last meeting The Mayor’s Appointment of Megan Montgomery of 45 Federal St. to the Community Preservation Committee, with a term to expire May 10, 2026. Action Contemplated Councillor Watson-Felt Moved Confirmation by RCV Yeas Nays Absent Held from the last meeting The Mayor’s Appointment of Robert “Zach” Sanzone of 91 Essex St to the Cemetery Commission, with a term to expire February 1, 2025. Action Contemplated Councillor Jerzylo Moved Confirmation by RCV Yeas Nays Absent Held from the last meeting The Mayor’s Appointment of John Hayes of 13 Hancock St. to the Sustainability, Energy and Resiliency Committee, with a term to expire December 6, 2027. Action Contemplated Councillor Cohen Moved Confirmation by RCV Yeas Nays Absent The Mayor’s Appointment of James Rogers of 100 Washington St. to the Council on Aging Board with a term to expire on January 8, 2028. Councillor Watson-Felt Suspension of the Rules Object Action Contemplated Councillor Watson-Felt Moved Held Under the Rules Voted  6 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s Appointment of the following to the Salem Youth Commission with terms set forth below: Name Term Length Term Expiration Alexia Coleman 3 years January 8th, 2028 Will Keough 2 years January 8th, 2027 Oksana Platonova 1 year January 8th, 2026 Annalise Thornett 3 years January 8th, 2028 Myles Newsome 2 years January 8th, 2027 Yanalis Venture 1 year January 8th, 2026 Guywintz Jules 3 years January 8th, 2028 Kayla Fry (Alternate) 1 year January 8th, 2026 Dever Cornell (Alternate) 1 year January 8th, 2026 Councillor Varela Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Held Under the Rules Voted  7 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING APPOINTMENTS AND REAPPOINTMENTS The Mayor’s Appointment of the following to the City Seal Task Force with a term to expire January 8, 2027. Name Address Aditi Ahlawat 16 Conners Road Salem, MA 01970 Suzanne Barnes 18 ½ Summer Street Salem, MA 01970 Pui Chi Wong 44 Calumet Street Salem, MA 01970 R. Michael Feener Japan Vijay Joyce 18 Broad Street Salem, MA 01970 Rachel TonThat 30 Northey Street Salem, MA 01970 Councillor Varela Suspension of the Rules Councillor Object Action Contemplated Councillor Varela Held Under the Rules Voted  8 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of One Hundred Thousand Dollars ($100,000.00) is hereby appropriated from the General Fund Balance Reserved for Free Cash to Human Resources Department – Workers Comp Medicals (19121-5172) to pay unanticipated workers compensation costs for medical claims in accordance with the recommendation of His Honor the Mayor. Description Amount HR – Workers Comp Medicals $100,000.00 Total $100,000.00 Councillor Merkl Suspension of the Rules Councillor Objection Action Contemplated Councillor Merkl Moved Adoption Voted OR Refer to the Comm. on Admin. & Fin. Voted ORDERED: That the sum of Sixty Thousand Dollars ($60,000) previously appropriated in fiscal year 2023 within the “Capital Outlay” account (20002325-5846FJ) for school department moving costs is hereby repurposed to “Capital Outlay” account (20002525-5846JJ) to support mechanical, electrical, plumbing, and life safety repairs at the school department 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 Refer to the Comm. on Admin. & Fin. Voted  9 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Twenty Thousand Four Hundred Fifty-One Dollars and Sixty Cents ($20,451.60) 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 Beth Kontos $20,451.60 Department $20,451.60 Councillor Merkl Suspension of the Rules Councillor Objection Action Contemplated Councillor Merkl Moved Adoption Voted OR Refer to the Comm. on Admin. & Fin. Voted ORDERED: That the sum of Fifteen Thousand Dollars ($15,000.00) 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 Fire $15,000.00 Salem Firefighters Union Department $15,000.00 Councillor Merkl Suspension of the Rules Councillor Objection Action Contemplated Councillor Merkl Moved Adoption Voted OR Refer to the Comm. on Admin. & Fin. Voted  10 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That the sum of Four Thousand Seven Hundred Forty-Eight Dollars and Eighty-Two Cents ($4,748.82) 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 Public Susan Szpak $4,748.82 Library $4,748.82 Councillor Merkl Suspension of the Rules Councillor Objection Action Contemplated Councillor Merkl Moved Adoption Voted OR Refer to the Comm. on Admin. & Fin. Voted ORDERED: To accept the donation from Joan Connolly Johnson in memory of her cousin Henry “Bud” Connolly in the amount of One Thousand Dollars ($1,000.00) for Pioneer Village. These funds will be deposited into the Park and Recreation Donation account 24061-4830 and earmarked for use at Pioneer Village only in accordance with the recommendation of His Honor the Mayor. Action Contemplated Councillor Merkl Moved Adoption Voted ORDERED: That a petition to the General Court, accompanied by a bill for authorization to employ automated enforcement of speed limit violations in designated school zones within the city of Salem 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 authorizing the City of Salem to employ automated enforcement of speed limit violations in designated school zones within the city of Salem.  11 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR Be it enacted by the Senate and House of Representatives in General Court Assembled, and by the authority of the same as follows: AUTOMATED ENFORCEMENT OF SPEED LIMIT VIOLATIONS IN DESIGNATED SCHOOL ZONES WITHIN CITY OF SALEM Section 1. As used in this chapter, the following words shall, unless the context clearly requires otherwise, have the following meanings:- "Automated Road Safety Camera System" shall mean an automated motor vehicle sensor device installed which produces digital photographs and may record the speed of each motor vehicle at the time it is operated in a manner that is in violation of traffic laws and regulations where the automated road camera safety system is located. “Camera Enforceable Violation” shall mean a violation of the traffic laws which may be enforced by an automated road safety camera system, limited to exceeding the speed limit pursuant to section 17 or section 18 of chapter 90 while travelling in a designated school zone. “City” shall mean the City of Salem, Massachusetts. “Designated School Zone” shall mean within 300 feet of the real property comprising a public or private accredited preschool, accredited Head Start facility, elementary, vocational or secondary school if the violation occurs between 5:00 a.m. and midnight, whether or not school is in session. Section 2. (a) The City of Salem may employ an automated road safety camera system as a means of promoting traffic safety in a designated school zone, which may be fixed along any portion of any ways within a designated school zone its control, or within a designated school zone in the control of the commonwealth with written permission from the department of transportation and may impose a penalty on the owner of a motor vehicle for failure by the operator thereof to comply with traffic laws and regulations. Action Contemplated Councillor Morsillo Moved Adoption by RCV Yeas Nays Abs  12 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING COMMUNICATIONS FROM THE MAYOR ORDERED: That a petition to the General Court, accompanied by a bill 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 intent of this home rule petition: AN ACT PROVIDING FOR PAYMENTS IN LIEU OF TAXES BY THE SOUTH ESSEX SEWERAGE DISTRICT IN THE CITY OF SALEM. 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 7 of chapter 339 of the acts of 1925 is hereby amended by striking out the second paragraph, added by chapter 116 of the acts of 1993, and inserting in place thereof the following paragraph: - Said district shall pay to the city of Salem an annual payment in lieu of taxes for all lands, facilities and other property of said district within said city in accordance with the following schedule: on July first, two thousand twenty-five the sum of six hundred thousand dollars; on July first, two thousand twenty-six the sum of seven hundred thousand dollars; on July first, two thousand twenty-seven the sum of eight hundred thousand dollars; on July first, two thousand twenty-eight the sum of nine hundred thousand dollars; on July first, two thousand twenty-nine the sum of one million dollars. Thereafter, on July first, commencing in two thousand thirty, the annual payment in lieu of tax payment to the city of Salem shall increase by the prior year’s average increase in the Consumer Price Index for All Urban Consumers in the Boston area, but in no event less than two percent over and above the prior year payment. Such annual payments shall be assessed by the district against, and such assessment shall be paid by, all members of the district with the exception of the city of Salem, such payments to be apportioned among such members in the same ration as the yearly flow of sewage each such member bears to the yearly combined flow of sewage of the district. SECTION 2. This act shall take effect as of the first day of July, two thousand twenty-five. Action Contemplated Councillor Hapworth Moved Adoption by RCV Yeas Nays Abs  13 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING MAYOR’S INFORMATIONAL PAGE NONE  14 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS RESOLUTION IN SUPPORT OF MASSACHUSETTS' HEALTHY INCENTIVES PROGRAM WHEREAS: In Massachusetts, the Healthy Incentives Program (HIP) automatically applies to anyone who receives SNAP (Supplemental Nutrition Assistance Program) benefits and allows them to receive limited reimbursement when they purchase local fruits and vegetables; and WHEREAS: The Department of Transitional Assistance (DTA) announced on October 17th 2024 to HIP vendors that starting on December 1st montly reimbursements will be reduced to $20 per household, regardless of household size from a variable $40 to $80 based on household size; and WHEREAS: HIP serves as a critical tool in the fight against food and nutritional insecurity, which is pronounced among low-income Salem residents; and WHEREAS: Vendors at the Salem Farmers' Market signed up for the HIP program rely on the sales that they receive with the support of programs like SNAP and HIP to sustain themselves; and WHEREAS: HIP participation is up 19 percent as compared to last year and the need for state and local governments to support their residents' nutritional security is likely to increase if federal support decreases; and WHEREAS: The Salem City Council recognizes as its duty to advocate on behalf of our constituents who rely on these critical state-funded programs; NOW THEREFORE BE IT RESOLVED: That the Salem City Council calls upon Governor Maura Healey, Senate President Karen Spilka, Speaker of the House Ron Mariano, Senate Ways and Means Chair, and House Ways and Means Chair to support the additional funds needed to fully fund HIP in a supplemental budget, and requests that our City Clerk forward a copy of this resolution to each of their offices as well as Salem's state delegation. Action Contemplated Councillor Merkl Moved Adopted by RCV Yea Nay Abs  15 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS In the year Two Thousand and Twenty-Five 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. Section II. This Ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Referred to the Planning Board to Schedule a Joint Public Hearing Voted In the year Two Thousand and Twenty-Five An Ordinance Relative to Traffic Be it ordained by the City Council of the City of Salem, as follows: Section 1. Section 10 of Article I be amended by inserting the following: Pioneer Terrace – One Way Streets – from the intersection with the access road to 5 Pioneer Terrace to Lafayette Place, in a westerly direction. Section 2. Section 51 of Article V be amended by repealing the following: Lafayette Place – Parking Prohibited on Certain Streets – from the intersection of Green Street to the intersection of Pioneer Terrace. No parking any time. (12/5/80 DPW 5-1965) Lafayette Place – Parking Prohibited on Certain Streets – southerly side. (9/6/68 DPW 5-115)  16 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING MOTIONS, ORDERS AND RESOLUTIONS And inserting the following: Lafayette Place – Parking Prohibited on Certain Streets – northerly side from the intersection of Salem Street and extending for approximately four hundred and sixty (460) feet to the intersection with Pioneer Terrace. Lafayette Place – Parking Prohibited on Certain Streets – southerly side from Lafayette Street to Green Street. Section 3. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Cohen Moved adoption for first passage Voted OR Refer to the Comm. on Ord., Lic. & Legal Affairs Voted In the year Two Thousand and Twenty-Five 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 in front of #326 Jefferson Avenue, for a distance of twenty (20) feet; And also adding: Jefferson Avenue – One Handicap Parking space in front of #338 Jefferson Avenue, for a distance of twenty (20) feet Section 2. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Moved adoption for first passage Voted OR Refer to the Comm. on Ord., Lic. & Legal Affairs Voted __________________________________________________________________________  17 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING COMMITTEE REPORTS NONE  18 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING COMMUNICATIONS FROM CITY OFFICIALS ORDERED: That One Hundred Eighty Thousand Dollars ($180,000.00) is hereby appropriated within the CPA Funds for FY 2025 to the account listed below in accordance with the recommendation of the Community Preservation Committee. FY Fund Fund Name Description Org/Obj Amount 2025 2001 CPA Fund Balance Old Town Hall Exterior Restoration 2001325-581606 $180,000.00 $180,000.00 (See backup for recommendation and back-up) Action Contemplated Councillor Merkl Moved Adoption Voted  19 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING PETITIONS The Following License Applications: JUNK DEALER: 15 Robinson Road LLC, Salem SEAWORMS: Timothy Lynch 28 Anawan Ave., Saugus Paul Lynch 28 Anawan Ave., Saugus Jose Machado 5 Marion Ave., Beverly Joe Mendonca 22 Spring St., Peabody SECOND HAND CLOTHING: Boston St. ReSale, 1341/2 Boston St., Salem To Do! Ta Done LLC, 3 Pleasant St., Salem SECOND HAND VALUABLES: Circus Lane LLC, 10 Jefferson Ave., Salem Glass and Etc, 180 Essex St., Salem Record Exchange LLC, 256 Washington St., Salem Tobies Jewelry 140 Washington St., Salem To Do! Ta Done LLC, 3 Pleasant St., Salem Action Contemplated Councillor Hapworth Moved referred Comm on Voted Ord., Lic., & Legal Affairs The Following Claims: Julie Armstrong 94 Derby St., Salem Nikki Schafer 18 Burnside St., Salem Tyler Hamlin 8 Maverick Ct., Marblehead Nancy Orne 114 Farrell Ct., Marblehead Mark McGorray 2 Goodwin’s Ct., Marblehead Action Contemplated Councillor Morsillo Moved referred Comm. on Voted Ord., Lic. & Legal Affairs  20 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING UNFINISHED BUSINESS Second Passage of Ordinance Amending Chapter 2 – Council on Aging In the year Two Thousand and Twenty-four An Ordinance relative to the Council on Aging Be it ordained by the City Council of the City of Salem, as follows: Section I. Chapter 2, Article IV, Division 7. Council on Aging is hereby amended by replacing the words “council on aging” with the words “council on aging and senior services” as they appear in Sections 2-831 through 2-836. Section II. Chapter 2, Article XV Senior Property-owner Tax Work Off Abatement Program, Sec. 2-2052 Program guidelines is hereby amended by replacing the words “council on aging” with the words “council on aging and senior services” as it appears in this section. Section III. Chapter 2, Article IV, Division 7, Sec. 2-836 Director of the Council on Aging is hereby further amended by adding the words “develop and implement programming that supports seniors and” immediately after the words “who shall” as it appears in this section. Section IV. This ordinance shall take effect as provided by City Charter. Action Contemplated Councillor Harvey Moved for second and final passage Voted Second passage of an ordinance relative to Ch. 2, Sec. 146 – Mayor, City Annual Report In the year Two Thousand and Twenty-Four An ordinance to amend an ordinance relative to Article III. Officers and Employees, Division 2 – Mayor Be it ordained by the City Council of the City of Salem, as follows: Section 1. Sec. 2-146. - City annual report is hereby amended as follows: Replacing “May 1st” with “June 1st” And adding the following new paragraph:  21 CITY OF SALEM JANUARY 9, 2025 REGULAR MEETING UNFINISHED BUSINESS A second report shall be presented to the council no later than March 1st of each year reporting on details related to the Halloween tourism season, including receipts, expenditures and other details deemed relevant to the month of October.” Section 2. This ordinance shall take effect as provided by City Charter Action Contemplated Councillor Stott Moved for second and final passage Voted On the motion of Councillor Morsillo the meeting adjourned at P.M.