City Council Meeting Notes: 10 September 2020

Dear friends and readers, the city council met last night for the first time since July, hopefully having enjoyed their summer respite. It was a wild meeting, so grab your popcorn and enjoy the recap.

The meeting started off with public testimony and mundane matters: $319,471.26 to retirement vacation buy-backs; extending the MassHire lease for one more year. Worth note: the council voted to accept the federal Housing and Urban Development community development block grant fund, which provides the city $1,098,908. Councilor Madore reminded us all that the formula that dictates the amount of the funding is based upon the US Census. So, please, please fill it out if you have not already.

There may have been some confusion around the Halloween parking matter. Councilor Hapworth had submitted an order for temporary parking in October, but the committee on Ordinances, Licenses, and Legal Affairs (OLLA) had reviewed an ordinance covering the same matter. Every October, Salem establishes restrictions around parking, so this year, the council thought to create an ordinance around the matter to simplify and streamline the process. Madore presented the ordinance, which recall, needs two votes to pass. The ordinance does a few things: it increases the parking fines to $50; it allows temporary guest passes for residents; and there were slight changes to street restrictions after discussions with neighbors on those streets. The ordinance was approved unanimously for first passage. Ergo, Hapworth’s order was not needed. It was sent to committee nonetheless, so if the other ordinance fails second passage, there is a fall-back and we are not left with a Halloween parking free-for-all.

The next matter on the Agenda was a resolution or order put forward by Councilors Dibble and Dominguez that sought to set a meeting with Governor Baker’s staff, specifically Housing and Economic Development Secretary Kennealy, to explore “tools in the toolbox” around jobs and housing. Dibble introduced the matter by explaining that in July, Governor Baker called out four Salem city councilors for obstructionism, and that he took exception to that criticism. Dibble then defended his vote against the Accessory Dwelling Unit (ADU) ordinance, and reconfirmed his stance against the Inclusionary Zoning ordinance citing the density bonus as the problematic clause (there was a willingness to compromise on the density bonus).

Hapworth thanked the two for staying with the affordable housing discussion, but expressed his concern over the language of the resolution and the facts embedded within. He asked both councilors to enter such discussions and the meeting with Kennealy with open minds. Hapworth noted that the anti-development angle was not the approach that the city should take, rather the question should be, how do we leverage private development for the maximum public good?
Madore likewise was unable to support the resolution because of the language, but was also not opposed to a meeting. Specifically, Madore pointed out that unemployment was not because of the types of jobs in the city, rather it was COVID. She pointed out that their votes against the ADU ordinance were against exactly the type of tool in the toolbox they are seeking to explore, especially with regards to senior housing, citing the AARP endorsement of ADU legislation as a prime way to help senior housing needs. Madore continued that the “tools” Kennealy will present are not secret, and that he will simply present what hardworking city staff have been saying for years. She wrapped up her frustration with the language of the resolution by referring to the verbal complaint about the shallow affordability in the recent Crescent Lot bids. A deeper level of affordability could have been required had the IZ ordinance passed; the councilors had their chance to solve that issue.

Councilor Morsillo echoed the sentiments of Hapworth and Madore, specifically calling out the “classist” language embedded in paragraphs one and two. She also took umbrage with the factual errors and recommended that Dibble and Dominguez strike the first two paragraphs so they can set a meeting. Morsillo also asked why it was being referred to the committee on government affairs and not economic development, but that matter was never explored.

Dominguez spoke in defense of the resolution/order noting that he did not intend offense to staff or any industry, but maintained that Baker was unfair and this was a necessary meeting. Before I go further, I will paste the two paragraphs in question, which also muddied the waters about whether this was an order to set a meeting, or a resolution to set a city council declaration on a matter. Resolutions start with “whereas,” orders do not.

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The councilors continued their debate on these two paragraphs. Councilor Riccardi said that attacking workers in the restaurant and service industry was not a good way to start a respectful conversation, and later told Dibble that though he may not have intended to offend, he needed to hear that it was offensive. Dibble did not acknowledge Riccardi’s point, nor concede that there was troublesome language anywhere in the first two paragraphs. Councilors Prosniewski and Turiel agreed with all that had been said previously, were also happy to continue the housing discussion and disagreed with the language in the first two paragraphs. After some back and forth, President McCarthy noted that orders don’t start with “whereas,” cited that the Salem unemployment rate was at 2.8% in December 2019, gave a brief primer on supply and demand as it relates to rental rates. Dibble relented and moved to strike the first two paragraphs; Dominguez did not vote to strike. Once the rhetoric was removed, the matter passed unanimously.

Next up was Councilor Flynn’s order to fly the Italian flag for the full month of October. The debate and discussion around this matter focused primarily on Columbus Day. Flynn noted that all reference to Columbus had been taken out. Morsillo asked how the length of flag recognition was determined (Italians get a month; Irish got 3 days in March, she joked about the schism in her Irish-Italian household it was causing) and further asked why this was a matter for council. The matter was amended not to conflict with any other flag-raisings in October and for Flynn to work with the mayor’s office on timing. (Noted also: please do NOT fly the flag on 12 October if you wish to show sensitivity to Native Americans and disassociate Italian pride from Columbus.) Voting in opposition: Madore, Riccardi, Turiel; the matter passed. I don’t think we’ve seen the end of the flag discussion, but as Madore pointed out, we don’t need a flag to celebrate and recognize the diversity in Salem.

Now, I thought this was the end of anything contentious and was turning my brain to “parking matters and committee reports,” when Dibble came forward with two late files. The first was an order to investigate councilors for text messaging during council meetings. He noted that open meeting law may have been broken, urged councilors not to delete any texts from around the July meeting, and said that the state ethics commission may need to be consulted. This was referred to the committee on government affairs. Late files are not debatable, so your guesses are as good as mine, friends. [Edit: This order is jointly issued with Dominguez.]

The second order was to investigate the mayor for her “bullying tactics.” The language in this order was quite dramatic, but it was a late file, so we will have to review it in detail when the minutes are posted. Allegations of bullying were levied against the mayor, her staff, her supporters, and members of city committees. The vote to send the matter to committee, which is typically routine, was not clear, so Turiel called for a roll call vote. Both Sargent and Dibble argued with McCarthy about the procedure, but McCarthy defended taking a vote to send it to committee, checking with the city clerk, who noted that it was proper, but it had never been an issue before. The votes to send the matter to committee failed, with Dibble, Dominguez, Flynn, and Sargent voting to retain the order and send it to committee, and the rest of the council opposed. So what happens next? McCarthy said that Dibble can re-introduce the matter at the next meeting, but I wonder if the city solicitor will agree.

I think this is long enough! Money for the Camp Naumkeag–Pioneer Village swap was approved; the Salem Common fence repair funds will remain in committee. Resident parking overhaul will stay in committee. Some changes to parking and meters near the post office were approved. And most notably, Morsillo acknowledged the clerk and her staff for their fantastic work on the election. We agree!

Respectfully submitted,
Jen Lynch