City Council

157 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING A Regular Meeting of the City Council was held in-person on Thursday, April 10, 2025 at 7:00 PM for the purpose of transacting any and all business. Notice of this meeting was posted on April 8, 2025, at 1:44 PM. This meeting is being recorded and is live on S.A.T.V. and Zoom unless technological issues interrupt the transmission. All Councilors were present. Council President Prosniewski presided. Councilor Stott moved to dispense with the reading of the record of the previous meeting. It was so voted. President Prosniewski requested that everyone please rise to recite the Pledge of Allegiance. Salem City Council Land Acknowledgement The Salem City Council honors that this land is Naumkeag, or fishing place, where generation 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 1. Alphonse Wright, 23 Nursery St., Salem – Transgender Resolution – In support 2. Jo Bova, 17 Winter St., Salem – Transgender Resolution – In support 3. Katelyn Holappa, 70 Boston St, Salem – Transgender Resolution – In support 4. Alex Hansen, 144 Broad St Lynn – Transgender Resolution – In support 5. Jason Daugherty – Transgender Resolution – In support; Camping Ordinance - Opposed 6. Jessica Tower, 11232 Kirkbride Danvers - Camping Ordinance - Opposed 7. Jennifer Coverdale, 6 Horton Street Salem - Camping Ordinance - Opposed 8. Regina Zaragoza Frey, 98 Washinton St., Salem – Transgender Resolution – In support 158 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING 9. Marybeth Bainbridge, 7 Prescott St., Salem – 40R – Lifebridge – Website Inaccessible 10. Skeetz Edinger, 149 Derby St. Salem – Transgender Resolution – In support 11. Kyle Wade, 117 Lynnfield St., Lynn - Transgender Resolution – In support; Camping Ordinance - Opposed 12. Tony Leone, 34 Fairmount St., Salem – Transgender Resolution – In support 13. Skyler Clark, 282 Derby St., Salem - Transgender Resolution – In support; Camping Ordinance - Opposed 14. Caitlin Tricomi - Transgender Resolution – In support; Camping Ordinance - Opposed 15. Anna Spencer – HRP – Ban Pesticide – In Support 16. Kelly Jay - Transgender Resolution – In support; Camping Ordinance - Opposed 17. Luna M – Camping Ordinance – Opposed 18. Sally McMurry, Forrester St., Salem – HRP – Ban Pesticide – In Support 19. George Beck IV, 4 Andover St., Salem – HRP – Ban Pesticide – In Support 20. Nathan Leshin – Camping Ordinance – Opposed 21. Josh Turiel, 238 Lafayette St., Salem – on behalf of friend read letter - Transgender Resolution – In support 22. T. Nash, 44 Prince St., Salem – Transgender Resolution – In support 23. Jennifer Garber, 2 Kimball Ct., Salem – Transgender Resolution – In support #176 – (#166) – COMCAST TO INSTALL CONDUITS ON FEDERAL STREET A hearing was held on the order from Comcast to install Conduits on Federal St. for service at 160 Federal Street. Dave Flewelling, Representative for Comcast, 9 Forbes Rd, Woburn appeared in favor. He stated this conduit is needed to provide service for 160 Federal Street. Councillor Watson-Felt asked about police details. Dave Flewelling responded there will be trucks with safety cones and also police details. Councillor Watson-Felt moved to close the Public Hearing. It was so voted. Councillor Watson-Felt moved that the location be granted. It was so voted.  159 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING (#159) – REAPPOINTMENTS OF THE FOLLOWING WITH TERMS TO EXPIRE Held from the last meeting, the Mayor's Re-Appointments of the following with terms to expire were confirmed by a roll call vote of 11 yeas, 0 nays and 0 absent. Name Board/ Address Term Term Commission Length Expiration Hannah Gathman Public Art 8 Brown St. #3 2 yrs March 26, 2027 Commission Fred Atkins Salem Harbor 3 Neptune Rd 3 yrs March 26, 2028 Port Authority Marblehead Timothy Norton Scholarship & 9 Glover St. #2 3 yrs March 26, 2028 Education Kelly Tyler Lewis Historical 23 Warren Street 2 yrs March 26, 2027 Commission Milo Martinez Historical 78 Washington Sq #2 3 yrs March 26, 2028 Commission #177 - APPOINTMENT OF GRAHAM HINES TO THE PLANNING BOARD The Mayor's Appointment of Graham Hines to the Planning Board with a term to expire April 9, 2030 was held under the rules. #178 - RE-APPOINTMENT OF YAMILIS CRUZ TO THE SCHOLARSHIP AND EDUCATION COMMITTEE The Mayor's Re-Appointment of Yamilis Cruz to the Scholarship and Education Committee with a term to expire April 9, 2028 was held under the rules. #179 – APPROPRIATION OF $10,000.00 TO FUND POLLING LOCATIONS AT BATES SCHOOL AND SALEM HIGH SCHOOL The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated 160 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING within the "Capital Outlay" account (20002503-5846JP) to fund polling locations at the Bates School and Salem High School, in accordance with the recommendation of His Honor the Mayor. #180 – APPROPRIATION OF $6,800.00 TO FUND EDUCATIONAL PROGRAMMING RELATED T INDIGENOUS HISTORY The following order submitted by the Mayor was adopted under suspension of the rules. ORDERED: That the sum of Six Thousand Eight Hundred and Zero Cents ($6,800.00) be hereby appropriated from the Witch House "Receipts Reserved for Appropriation" account (Fund 2437) and transferred to the following Witch House - Contracted Services accounts below for costs associated with an educational program regarding Salem's Indigenous history in accordance with the recommendation of His Honor the Mayor. Description Amount Witch House – $6,800.00 Contracted Services (16522-5320) Total $6,800.00 #181 – SUBMITTAL OF CDBG GRANT FOR FY2026 The following order submitted by the Mayor was adopted. Councillor Varela recused himself from this matter. Ordered: That the City Council hereby approves the submittal of the City of Salem's Application for Federal Assistance to the United States Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG) funds for the period of July 1, 2025 through June 30, 2026 in the amount determined by HUD's formula entitlement allocation estimated at ($1,080,000). #182 – CONVEYANCE OF CITY-OWNED PROPERTY LOCATED AT 67 DERBY STREET TO THE SALEM HARBOR PORT AUTHORITY The following order submitted by the Mayor was adopted by a roll call vote of 11 yeas, 0 nays and 0 absent. Ordered: The Mayor is hereby authorized to convey, through an inter-departmental land  161 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING conveyance, an approximate 5-acre parcel and deepwater berth of City-owned property identified as Lot 2B as shown on the Plan of Land titled "67 Derby Street Plan of Land, Salem, Massachusetts", prepared by Meridian Associates, 500 Cummings Center Suite 5950, Beverly, MA 01915, and dated 08/31/2023, deeded to the City of Salem by the Massachusetts Clean Energy Technology Center and recorded at the Southern Essex District Registry of Deeds in Book 41993, Page 367 to the Salem Harbor Port Authority. #183 – OUTDOOR DINING FOR WITCHSIDE TAVERN, 283 DERBY STREET The following order submitted by the Mayor was referred to the Committee on Community and Economic Development co-posted with the Committee of the Whole. Councillor Varela recused himself from this matter. Ordered: In accordance with City Ordinance Chapter 38 and the City of Salem Outdoor Dining Policy, the City Council hereby authorizes the City Solicitor to prepare a license agreement to allow Witchside Tavern, 283 Derby St., to occupy city property for outdoor dining. Such approval is subject to any limitations or conditions required of the Disability Commission, Redevelopment Authority, Design Review Board and Licensing Board. Councillor Jerzylo requested this go to committee since this is the first restaurant that has requested outdoor dining year-round and the address is wrong. #184 – ORDINANCE TO AMEND AN ORDINACE RELATIVE TO CH. 24, SEC. 31 - CAMPING The following ordinance submitted by the Mayor was referred to the Committee on Public Health, Safety and Environment co-posted with the Committee of the Whole. In the year Two Thousand and Twenty-Five An Ordinance to amend an Ordinance relative to Camping. Be it ordained by the City Council the City of Salem, as follows: Section I. Sec. 24-31. Camping - is hereby amended by: (a) Deleting the first sentence within the definition of "Eligible property" in its entirety and replacing it with a new sentence as follows: "Eligible property means items including, but not limited to, personal identification, documents and valuables." (b) Adding a second sentence to the definition of "Period when shelter is 162 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING unavailable" as follows: "An individual's behavior preventing admission to an otherwise available shelter shall not be considered an unavailability of shelter." (c) Adding a new definition after "Reasonable transit access" as follows: "Red Flag Warning means a warning issued by the National Weather Service alerting about critical fire weather conditions, indicating that any fires that start may spread rapidly and become difficult to extinguish." (d) Adding a new phrase "regardless of their ownership of the property," to section (d) Unlawful camping on private property within the first sentence of this section immediately after the words "it is unlawful for any person" and before the words "to camp or maintain a campsite." (e) Adding a new sentence at the end of section (d) Unlawful camping on private property as follows: "Anyone camping on another person's property without permission is still subject to Trespass." (f) Adding the phrase "with the exception of those times when a Red Flag Warning has been issued by the National Weather Service" to the end of section (e) Restrictions on unlawful camping during a period when shelter is unavailable sub-paragraph (1). (g) Deleting the words "which is updated daily," as they appear in section (e) Restrictions on unlawful camping during a period when shelter is unavailable sub-paragraph (2). (h) Deleting the words "board of health or its agent" and replacing them with the words "heath department" as they appear in section (e) Restrictions on unlawful camping during a period when shelter is unavailable sub- paragraph (4). (i) Adding a new sentence to the end of section (e) Restrictions on unlawful camping during a period when shelter is unavailable sub-paragraph (4) as follows: "Failure to abide by any such regulation shall be grounds for the campsite to be removed." (j) Adding a new paragraph to section (e) Restrictions on unlawful camping during a period when shelter is unavailable as follows: "(5)During any Period When Shelter Is Unavailable, if the City, through the Board of Health or its Agent Health Department, the Police Department, the Fire Department, or the Department of Inspectional Services, determines that any established campsite on public property is a safety or public health hazard, such campsite shall be removed by city officials after twenty-four (24) hours posted notice to the occupant. The camping material and other personal property shall be removed and Eligible Property stored consistent with the City Storage Policy.  163 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING The City, its employees and agents shall not be responsible for the loss or damage of property ineligible for storage when a campsite has been removed after notice. Nothing in this section shall limit the ability of city officials to order the immediate removal of a campsite in the event of a significant public health or safety hazard." (k) Deleting the last sentence of Section (f) Offer of Shelter sub-paragraph (1) which states "Before making a referral, the city shall ensure a space is available for a reasonable period of time. (l) Deleting the words "72 hours" and replacing them with the words "12 hours" as they appear in section (i) Notice to Individuals subparagraph (3). Section II. This ordinance shall take effect as provided by city charter. #185 – RESOLUTION – TO ENSURE THE SAFETY AND PROTECTION OF THE TRANSGENDER AND NONBINARY COMMUNITY The following resolution introduced by Councillor Merkl was adopted by a roll call vote of 11 yeas, 0 nays and 0 absent. Be it resolved by the City Council and Mayor of the City of Salem as follows: WHEREAS the City of Salem has declared its commitment to protecting vulnerable communities from discrimination and ensuring that all residents are treated with dignity and respect, have a sense of belonging in the city, and are offered the same rights and protections as are granted to all other Salem residents; and WHEREAS it is the policy of the City of Salem to uphold the rights of all persons in Salem and the free exercise and enjoyment of any and all rights and privileges secured by the Constitutions, Laws, Ordinances and Regulations of the United States, the Commonwealth of Massachusetts, and the City of Salem without discrimination on the basis of gender identity or expression, under Municipal Code Chapter 2, Article XVI, Non-Discrimination Policy; WHEREAS the City of Salem has codified protections to ensure safe access to reproductive and gender-affirming health care services, under Municipal Code Chapter 2, Article XVIII Ensuring Safe Access to Legally-Protected Health Care. 164 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING WHEREAS municipal legislative action is often necessary, supplementing federal and state laws, to ensure the protection and safety of specific, marginalized, members of our community; WHEREAS the federal government's continued actions have encouraged discrimination towards transgender persons by state and local governments, schools, hospitals, businesses, other public and private institutions, including non-profit organizations and individual members of the public; WHEREAS, the Trump Administration and members of the U.S. Congress has taken specific, meaningful, executive and legislative action targeting the rights and safety of transgender, nonbinary, and other members of the LGBTQIA+ community, in part, by: (a) prohibiting school athletic programs from allowing individuals whose assigned sex at birth was male to participate in programs for women or girls (H.R. 28, introduced January 3, 2025); and (b) withdrawing recognition of transgender people by making it the policy of the U.S. Government to only recognize two immutable sexes - male and female, eliminating gender self-identification on federal documents, and prohibiting transgender people from using single-sex federally funded facilities matching their gender identity (Executive Order No. 14,168, January 20, 2025); and (c) seeking to restrict access to gender-affirming healthcare to children and teenagers under the age of 19 (Executive Order No. 14,189, January 28, 2025); and (d) seeking to prohibit educators from supporting transgender students by discussing their gender identity, using their chosen name and pronouns, and allowing students to use restrooms that match their gender identity (Executive Order No. 14,190, January 29, 2025) WHEREAS Executive Order 14,190, issued on January 29, 2025, has threatened the livelihood of teachers who create an accepting and affirming school environment for students, deterring transgender students’ ability to engage in the learning process; WHEREAS the year 2024 saw 691 bills proposed targeting transgender people across the country, so far in 2025 this number has already surpassed 800, including five in the Commonwealth of Massachusetts; and  165 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING WHEREAS members of the transgender community are more than six times more likely to attempt suicide; more than four times more likely to suffer violent victimization; three times more likely to experience homelessness than the general population. NOW THEREFORE BE IT RESOLVED, that a) the City Council and Mayor of the City of Salem recognize the animus directed towards the transgender and gender non-conforming community at a national level, and the need to take meaningful action to protect our community. b) the City Council and Mayor of the City of Salem hereby reiterates their commitment to uphold transgender rights and equal protections for transgender community members under the Constitutions, Laws, Ordinances and Regulations of the United States, the Commonwealth of Massachusetts, and the City of Salem and declares itself a sanctuary city and a place of safety for transgender and gender non-conforming people. c) the City of Salem recognizes the importance of gender-affirming healthcare as a matter of health, privacy, and equality, and to ensure that those rights are upheld for all residents and visitors within the City of Salem. d) the City Council and Mayor of the City of Salem will, as within their authority, support a safe and supportive environment for all students regardless of gender identity or expression in the Salem Public Schools, including the protection of employees who help to foster such an environment. e) the City of Salem shall work with the Salem Human Rights Coalition to further identify equity shortcomings for the city's transgender and gender non-conforming community within municipal government, operations, and practices and to ensure the full protection of said community’s residents and visitors by municipal Ordinances and regulations. Councillor Merkl thanked all those involved and Mayor Pangallo for his support. We will continue to advocate for the most vulnerable. Councillor Cohen fully supports this. He was on the board of Project Out which has been dormant for few years since it was not safe to travel. 51% of trans people make less than $10K/yr. Councillor Watson-Felt vowed support while sitting in this chair or not. 166 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING Councillor Hapworth – Thanks Councillor Merkl for bringing this in. Councillor Davis – Thanked everyone who worked on this. #186 – HOME RULE PETITION - AN ACT AUTHORIZING THE CITY OF SALEM TO PROHIBIT THE APPLICATION OF SECOND GENERATION ANTI-COAGULANT RODENTICIDES The following Home Rule Petition introduced by Councillor Davis was adopted by a roll call vote of 11 yeas, 0 nays and 0 absent. Ordered: That a petition to the General Court, accompanied by a bill authorizing Salem to prohibit the application of second generation anti-coagulant rodenticides within its borders, as set forth below, be filed with an attested copy of this Order be, and hereby is approved 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: Be it enacted by the Senate and House of Representatives in General Court Assembled, and by the authority of the same as follows: AN ACT AUTHORIZING THE CITY OF SALEM TO PROHIBIT THE APPLICATION OF SECOND GENERATION ANTI-COAGULANT RODENTICIDES WITHIN ITS BORDERS SECTION 1. Notwithstanding chapter 132B of the general laws or any other general or special law to the contrary, the city of Salem may by ordinance prohibit the application of second generation anti-coagulant rodenticides within the City of Salem, including application of such pesticides by licensed commercial applicators as defined in 333 C.M.R 10.00. SECTION 2. This act shall take effect upon its passage. Councillor Cohen is against the use of pesticides but confused. Going against Legislation without a rule. There are two bills already up at the State House. One in the House and the other in the Senate. The State bill eliminate all pesticides. Eighty percent in the Senate co-sponsored the bill that is in front of them so most likely will pass. In favor of restricting or eliminating this one rodenticide but the State will eliminate all. Councillor Morsillo stated in this particular case not sure if this Home Rule Petition will help but this will help us move forward even if one pesticide at a time, but it needs to be everybody and underground.  167 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING #187 - (#162) – ORDINANCE AMENDING WATER MANAGEMENT PLAN AND USE RESTRICTION Councillor Hapworth 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 and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of Ordinance to amend Ordinance relative to water use restrictions, Sec. 46-38. Water management plan and use restrictions has considered said matter and would recommend adoption for first passage as amended. The amendment was to made in Sec.1 (f) (1) to add after the words 5:00 P.M. “on a day of the week selected by the City Engineer” #188 – PUBLIC GUIDE – REQUEST FOR HEARING A request from Eddy Espinal for a hearing on the denial of his Public Guide License was referred to the Committee on Ordinances, Licenses and Legal Affairs to hold a hearing in executive session if necessary. #189 - #192 – FOLLOWING LICENSE APPLICATIONS The Following License Applications were granted. LIMOUSINE/: Americab Taxi Inc, 92 Jackson St., Salem (7 Limos) TAXI CABS Americab Taxi Inc, 92 Jackson St., Salem (1 Taxi) PUBLIC GUIDES: Scott Aden 14 Winthrop Shore Dr. Winthrop, MA Anna Christman 3 Magnolia Way Apt 335 Peabody, MA William Kitchenmaster 14 May St Beverly, MA Aaron Kuszmar 6 Hardy St. Salem, MA Barry Rocklin 376 Ocean Ave. #207 Revere, MA William Sano 35 Daniels St. Salem, MA John Wendler 2 Derby Sq. 306 Salem, MA Julie Gordon 6 Kosciusko St. Salem, MA Thomas Rash 184 Ocean Ave W Salem, MA Donna Ratte 343 Cabot St. Beverly, MA TAXI OPERATORS: Brenyi D. Lara Peguero 42 Westland St., Methuen Juan Miguel Martinez 12 Pope St. Apt. B509, Salem 168 CITY OF SALEM APRIL 10, 2025 REGULAR MEETING Victor Rodriguez 59 Harbor St., Salem Oscar Gutierrez Ramirez 15 Dunlap St., Salem Santo Ozoria 9 Prince St. Pl., Salem Rosanuills Fabian 59 Harbor St., Salem VEHICLE for HIRE: Maureen Tanzella 29 Eastern Ave., Beverly OPERATORS ONLY: Tammy Harrington 48 Federal St., Unit 305, Beverly Victor Antolini 19 Melch Road, Lynnfield #193 - #196 - CLAIMS The Following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Gary Swain 236 Washington St., Marblehead Ivy Walsh 75 Tedesco St., Marblehead Emily Blackwelder 63 Lawrence St., Salem John Noon 355 Essex St., Swampscott On the motion of Councillor Morsillo, the meeting adjourned at 8:22 P.M. ATTEST: ILENE SIMONS CITY CLERK