2026-10-08 - City Council

00:15A regular meeting of the city council

00:17was held in person on Thursday, October

00:208th, 2026 at 7 p.m. for the purpose of

00:24transacting any and all business. Notice

00:26of this meeting was posted on October

00:286th, 2026 at 3:40 p.m. This meeting is

00:33being recorded and is live on SATV and

00:35Zoom unless technological issues

00:38interrupt the transmission. Councilor is

00:40absent. Councelor Varela, Council

00:43President Merkel presiding. Councelor

00:45Davis move to dispense with the reading

00:47of the record of the previous meeting.

00:49All those in favor is so voted. I now

00:53request that everyone please rise to

00:55recite the pledge of allegiance led by

00:57councelor Pausni.

01:00>> I pledge allegiance to the flag of the

01:03United States of America and to the

01:05republic for which it stands one nation

01:07nation

01:09indivisible with liberty and justice for

01:12all.

01:17The Salem City Council honors that this

01:20land is Namkeg or fishing place where

01:23generation of Nankg people from the

01:25Ptopakeet band of the Massachusett tribe

01:28lived and passed through for centuries.

01:31We acknowledge that this is unseated

01:33indigenous land and also acknowledge the

01:36Massachusett tribe who continue to honor

01:38and hold this land into the present.

01:41Salem City Council is committed to

01:43having ongoing meaningful dialogue with

01:46the indigenous peoples who have presence

01:48in Salem in order to dismantle the

01:51legacies of oppression and inequities

01:53that persist today. Public testimony.

01:57Public testimony not to exceed 15

01:59minutes. Public testimony is not a

02:02public hearing or question and answer

02:03period. Sign up must occur 30 minutes

02:06prior to the meeting. The president

02:08shall, depending on the number of

02:09speakers, set a time limit not to exceed

02:133 minutes, which each individual

02:15presenting testimony, must abide.

02:18Tonight, we have four people signed up

02:20to speak, and each will receive three

02:22minutes to talk. First, we have Steve

02:25Capantis, and I believe he's online.

02:33No, we don't. We don't see him online.

02:36Okay. and I don't see him present. Uh,

02:38we'll go back to him at the end. Next,

02:41we have Jeff Berlin.

02:47Do we see him? And Mr. Berlin, if you

02:50can unmute yourself, you're free to

02:52talk.

03:04>> Okay. Can you unmute yourself?

03:13I'm not sure my mic was on that time.

03:16>> Okay. Can you unmute yourself?

03:21>> Hello.

03:22>> Hello.

03:22>> Hi. We can hear you

03:24if you like. Please state your name and

03:26address for the record.

03:27>> The your sound is off. We're not hearing

03:30you. I don't know if I can't hear you

03:32say anything.

03:34Can you hear me now? Essex Street,

03:43>> can you hear me now?

03:52>> Hold on one moment, sir.

03:54>> No, I only see you.

03:55>> Yep.

03:58>> I don't know.

04:02Can you hear us now?

04:31Mr. Berling, can you hear us now?

04:41>> Mr. Balin, if you just want to start

04:44talking, if you can hear me, we'll give

04:46give it one last try.

04:50Okay, my apologies.

04:53Next, we have Milo Martinez. If you'd

04:56like to come up and if you like, please

04:57state your name and address for the

04:59record.

05:02Hello, my name is Amilo Martinez. I'm at

05:0478 Washington Square. Uh, I'm here to

05:06express my disappointment with the new

05:08proposed excise fees being placed upon

05:10uh STR operators. The short-term rental

05:13landscape in Sil has changed drastically

05:14in the last few years with Airbnb

05:16seemingly popping up everywhere and

05:18displacing residents uh at a large

05:20scale. I know the intent is to fund

05:22housing stability in the city which

05:23sounds like a very altruistic goal at

05:25the surface. The truth is that the city

05:27of Salem has many units of housing that

05:29are already built and waiting for

05:30residents to move into them.

05:35>> Please continue. Oh,

05:37>> should I wait?

05:42Uh the truth is that the city of Salem

05:43has many units of housing that are

05:44already built and waiting for residents

05:46to move into them. They are

05:47unfortunately being held hostage by

05:48illegal short-term rental operators.

05:50Multifamilies are being scooped up and

05:52run as oversized STRs under the guise of

05:54owner agency. There are known instances

05:56of single owners running multiple

05:57properties at once. Simultaneously,

05:59large mansions are being purchased and

06:00run as many hotels with as many as 18

06:02guests at a time. Ironic given that u

06:05much smaller BNBs and ins are subjected

06:07to much more scrutiny and regulation to

06:08operate. The reality is the city has not

06:11committed the resources and staffing to

06:12enforce the ordinances as it pertains to

06:14STR operating. I'm reluctant to admit

06:17this because it will end my experiment,

06:18but I myself have not registered my STR.

06:21[snorts] I started the process of

06:22renewing my certificate of fitness in

06:242023 and absent-mindedly did not pay the

06:27fee. When I realized I decided to see

06:29how long it would take for someone to

06:30come and collect this fee from me, you

06:32know, for science. It has been over 3

06:35years with an open certificate of

06:36fitness application. I've received no

06:38letter to pay, no follow-ups. No one has

06:40come to see if my house is safe for

06:42guests. Yet, I still operate my rental

06:44without impedance from the city. This is

06:46the state of STR registration and

06:48enforcement. It's nearly non-existent.

06:51Until we provide the city staff with the

06:52resources for enforcement. The only

06:54operators who are willing to pay this

06:55excise are the ones who hunt down the

06:57city and put it [laughter] in their

06:58hands themselves. Without enforcement,

07:01any ordinance you pass is largely words

07:03on paper. The city already collects a

07:05registration fee, occupancy tax, and

07:07community community impact fee. I'm not

07:10alone when I say that the community in

07:11impact fee should be directly funding

07:13the enforcement arm. Once the city is

07:15able to register every legally operating

07:17STR and close those operating illegally,

07:21it would be the right time to start

07:22looking at other ways to help alleviate

07:23the housing strain on residents and

07:25renters via STR fees. Until there's real

07:28enforcement, I urge the council not to

07:29consider additional fees on legal STR

07:31operators. Thank you.

07:33Thank you.

07:36Next, we have Jeff Cohen.

07:41And if you like, state your name and

07:43address for the record.

07:44>> Jeff Cohen, 12 Hancock Street.

07:48Person number one.

07:50This person enjoyed and many of us

07:53including myself enjoyed watching um

07:56boots on the ground videos of this

07:59person

08:00um you know talking about bike lanes and

08:03flex poles and uh mantel field you know

08:07graffiti and uh changes that this person

08:11thought would be appropriate for the

08:13city to do. This person also doesn't

08:15believe in representative government

08:17although is serving their third term in

08:20this body. Person also doesn't believe

08:23in real democracy and our constitution

08:26which protects people of minorities even

08:29if the majority has the vote. Person

08:32number two

08:34coward

08:35did a video that thousands of people in

08:37Salem have already viewed. I'd like to

08:39make a request um to um be respectful as

08:44far as language being derogatory and I

08:47paused it so I'm not cutting into your

08:49time.

08:49>> Um request

08:51>> this is uh you know based on the South

08:53Barrow judicial case. I have not

08:55violated any of the rules

08:56>> correct

08:57>> stated. It was just a request.

08:58>> I'm going to keep going. Coward number

09:01two made a video. This video has been

09:03viewed by thousands of people in Salem.

09:06didn't use their name,

09:09didn't post their picture,

09:12and yet decided to have a 10-minute

09:15video where 3 minutes of it is

09:18portraying a Salem resident as is doing

09:22something evil in Salem.

09:25Having her picture, her name, lots of

09:28information about her throughout the

09:30three minutes.

09:33That person is my wife. That's person

09:35number three.

09:38My wife has lived here longer than

09:39almost everyone in this room.

09:42My wife has raised her two amazing

09:45daughters here. My wife has served on

09:48two city boards, chaired one. She's run

09:52a neighborhood association for about a

09:54hundred years.

09:57and she

10:00is a oneperson

10:04person of color minority business small

10:07business in Salem

10:10that pays commercial taxes and fees and

10:14contributes in many ways to the city.

10:17I am saying this I know a lot of people

10:20in Salem. I don't know one person in

10:22Salem who loves this city more than she

10:25does.

10:27And yet

10:28her opinion which she expressed at a

10:33flag raising, the first AAPI flag

10:35raising with two other people, none of

10:39them conspired to talk about their

10:41concern about the city seal. The

10:44interesting thing is that none of those

10:45people, my wife included, have any

10:49impact on the disposition of the seal.

10:52That is up to this body and the mayor to

10:54sign it. That's it.

10:57And yet this video and people who have

11:02promoted it, including city officials,

11:07have put my wife in jeopardy.

11:10Her business could suffer. She loves to

11:13walk and bike the city. Many of you see

11:15her walking around the city. She doesn't

11:17feel as safe walking around the city cuz

11:19people know who she is.

11:22And even though most of the thousands of

11:24people have seen this video, I'm sure

11:25the overwhelming majority would not want

11:29any harm to come to her.

11:31>> Time check.

11:32>> As people know, it only takes a couple

11:35of crazy people for some harm to come to

11:38her. And how would you feel about that?

11:43>> Thank you. I'd like to try the online um

11:46public commenters. Uh is Steve Capantis

11:49online? Any

11:59luck?

12:05>> No.

12:07>> We do have him.

12:09>> Great.

12:10>> Yep. Steve Capantis, if you'd like to

12:12unmute yourself, you may speak.

12:16>> Can you hear me now?

12:18>> Yes. Steve Capatis with S Street, Salem,

12:21Mass. I don't know what the time

12:22constraint is. I logged in a little

12:23late. Uh, however, I just wanted to make

12:26some general comments about hyperbolic

12:28overexaggerations that are happening

12:31within city council chambers by city

12:33councilors and within their newsletters.

12:36It really needs to come to an end. We

12:40need to talk about things that are

12:41factual. We can't talk about

12:44overexaggerating things, making them a

12:46thousand times, three orders of

12:49magnitude larger than they actually are.

12:53I don't need to get into the specifics.

12:55Um, but this is happening multiple times

12:59and and it really needs to stop. I'm

13:01going to ask the city council one time,

13:05when you talk about things, don't

13:07overexaggerate them. Let's talk about

13:08what they truly are. And then if it

13:12continues, well, I'll take the steps

13:14after that cuz it it's not helpful when

13:17we overexaggerate and we and we say

13:21things that are really out outrageous.

13:25I'll leave it at that without getting

13:26into the specifics, but it it has to

13:29stop. I appreciate that. Thank you.

13:33>> Thank you. Do we have Jeff Berlin still?

13:40Okay, Jeff Bin.

13:41>> Jeff,

13:43>> thank you. We can we can hear you.

13:47>> Go right ahead.

13:57Mr. Balin, could you unmute yourself?

14:04Could

14:09you try speaking one more time?

14:13We heard you briefly.

14:18>> Three.

14:19>> Yes, we can hear you.

14:21>> Okay, good. Sorry about that. Um,

14:23>> our apologies. Thank you for for hanging

14:26in there.

14:26>> Oh, of course. You're welcome. Uh, so uh

14:30I'm speaking about the city seal. uh my

14:34to start with I I my I'm in favor of

14:36keeping it and for the number of reasons

14:38and I find

14:40um the arguments against it you know

14:43kind of not um to me not it very shallow

14:48this is just my opinion of course but um

14:51it Salem has an incredible history its

14:54history the maritime trade here it was

14:56the most important seapport uh in the

15:00United States in the in America uh you

15:02know and in the you know the colonies uh

15:05back in the 1700s and Sumatra was its a

15:11huge huge trading partner that led to

15:14the incredible wealth uh uh that Salem

15:17enjoyed uh at the time for about 100

15:20years you know which created the golden

15:22age of sale and um you know the the the

15:26the Sumatran depicted in that seal that

15:30was in their garb. That's what they wore

15:32at the time. There was nothing insulting

15:34about that particular garb to can call

15:38it, you know, insulting now is just out

15:41of context. And it just that that

15:44reaction rises out of a lack of

15:46education about it, you know, and I just

15:49to contrast, you know, there were images

15:52that were intentionally, you know,

15:54degrading. There was the, you know, the

15:57black person with the, you know, the the

15:59big lips and the big eyes and, you know,

16:01the the minstrel, that kind of thing.

16:04And there was the, you know, a Jew. I'm

16:06a Jewish person. And, you know, the

16:07crooked nose and the big, you know, all

16:09that kind that those were intended to be

16:12degrading. The the Confederate flag was

16:15a symbol of of of uh the, you know,

16:18slavery. Uh so that those are were

16:22intended that way. But to dismiss

16:26the the the the seal, the image on the

16:29seal as degrading is just out of

16:31ignorance, not out of of of being uh

16:35educated about it. And again, even

16:37Somatan, modern day Somatra,

16:39Somatan are are good with that. They're

16:41proud of that relationship they had. And

16:44that was part of their traditional garb.

16:46It's like going to the PBD Essence

16:48Museum and seeing traditional Japanese

16:50garb and whatnot and it's very

16:52ceremonial and very particular and

16:55there's nothing degrading about that.

16:57For some reason this particular garb and

17:00depiction it which even again somatrans

17:03feel is not. There are some people are

17:06going, "Oh, well that it looks like some

17:08kind of you know uh uh you know cartoon

17:11you know depiction that's that's

17:13insulting." But that's again out of um

17:17out of a lack of of education. So if the

17:20my saying is that we need to educate if

17:24the seal is going to be seen in Salem

17:26maybe next to the seal what we do is

17:28create a little educational either a QR

17:30code or something that says that talks

17:33about the importance of Sumatra and Achi

17:36uh to the the wealth the the the

17:40incredible trade period uh that Salem

17:43had.

17:44>> So that's it. So that's my I'm in favor

17:47of keeping it as is. I think it's an

17:49incredible, you know, Celab has an

17:51incredible history and it's an

17:53incredible history with Somatra and we

17:55want I want to keep that I want to keep

17:57it obvious. Thank you.

17:59>> Thank you.

18:01>> That concludes our public testimony

18:05>> hearings.

18:15We have an order from National Grid to

18:17re relocate one jointly owned pole on

18:19Summit Avenue at the corner of Summit A

18:22and Eden Street. We have a request from

18:24National Grid to cancel this hearing.

18:27Councelor King.

18:28>> Thank you, President Merkel. I move to

18:30cancel this public hearing.

18:32>> Councelor King moves to cancel the

18:33public hearing. Under discussion,

18:35Councelor King.

18:35>> No discussion.

18:37>> On Councelor King's motion that this

18:39hearing be canled. All those in favor?

18:41All those opposed? Matter carries.

18:44Appointments and reappointments. We have

18:47held from the last meeting the mayor's

18:48appointment of the following to the

18:50taxpayer relief committee with terms to

18:52expire September 24th, 2029.

18:55Joe Fenari, Kathleen Walker, Jill Ella

18:59Ashcar,

19:02Councelor Davis.

19:03>> Thank you, President Mkeley. I move for

19:05adoption by roll call vote.

19:06>> Councelor Davis moves for adoption by

19:08roll call vote. Under discussion,

19:09Councelor Davis.

19:11>> Thank you, President Merkel. um excited

19:13to um have these individuals um joining

19:16this committee. We have um Mr. Ferrari

19:19who brings a a strong combination of

19:21legal, financial, um contractual

19:24uh management and community experience

19:26and is uh given long-standing service um

19:29with Salem Filmfest where he serves as a

19:31financial director. Um, Miss Walker

19:33brings more than a decade of experience

19:35in public administration [snorts] and

19:37statewide leadership, including uh,

19:39senior positions with the Massachusetts

19:40Department of Developmental Services and

19:43the Maryland Development Disabilities

19:44Administration. And Miss El Ashkar

19:47brings uh, extensive experience in

19:48program management, data analysis,

19:51process improvement, regulatory

19:53compliance, resource management, and

19:55community advocacy. She serves at Salem

19:57Hospital where she works uh as a patient

20:01relations specialist and uh systems uh

20:04administration.

20:06Thank you. Any further discussion?

20:09Seeing none on councelor Davis's motion

20:12for confirmation by roll call vote the

20:14appointments of Joe Ferrari, Kathleen

20:17Walker, and Jill Elascar to the taxpayer

20:20relief committee. Madam City clerk,

20:22please call the role.

20:23>> Councelor Davis. Yes.

20:25>> Council Flynn.

20:26>> Yes.

20:27>> Council Hapwa.

20:28>> Yes.

20:28>> Council Halapa.

20:29>> Yes.

20:30>> Council King.

20:30>> Yes.

20:31>> Council Prosnuski.

20:32>> Yes.

20:32>> Council Smith.

20:33>> Yes.

20:34>> Council Sidoriak.

20:35>> Yes.

20:35>> Council Zowski.

20:37>> Yes.

20:37>> And council Merkel.

20:38>> Yes.

20:45>> Thank you.

20:48We have 10 members. We have nine members

20:51voting. We have nine in the affirmative.

20:54The matter carries.

21:00Councelor Davis. Yes.

21:02>> Thank you, President Merkel. I move

21:03forward suspension of the rules.

21:05>> Apologies. We have 10 in the

21:07affirmative, none in the negative.

21:13>> Thank you.

21:17[clears throat]

21:19>> Councelor Davis motions to suspend the

21:21rules. Seeing no objections,

21:24would Joe Ferrari like to come up and

21:26say a few words and please speak right

21:28into the microphone? Sure.

21:31>> Thank you, Councelor Mkel. Um, Mayor

21:33Pingalo, thank you so much for

21:35appointing me to this committee and

21:37esteemed city councilors for confirming

21:40me. Uh, I recognize that high taxes are

21:44sometimes necessary, especially where

21:46our children's education is concerned.

21:49Um, but I feel really fortunate to be on

21:52this committee and help longtime Salem

21:54residents as well as people on fixed

21:57incomes who are most impacted by the tax

21:59increases. So, thank you.

22:02>> Thank you. [applause]

22:06>> Next, would Kathleen Walker like to come

22:08up and say a few words?

22:15>> Hi. [laughter]

22:17[gasps]

22:18Hello. Can you hear me? Okay. Well,

22:21thank you to the mayor and to the city

22:22council. Uh, incredibly grateful for the

22:24opportunity to serve. Uh, I've spent my

22:27career in public service, policy,

22:29research, and systems change, working to

22:32ensure that public programs actually

22:34reach the people that they're intended

22:36to serve. Um, I'm excited to bring that

22:39experience to helping Salem seniors and

22:43residents with disabilities to remain in

22:45the community they call home. Um, but

22:48more than anything, I'm here because I

22:49love Salem. Um, I got married here. I

22:53want to raise a family here, and I want

22:55others to have that same opportunity as

22:57well. Um, few communities understand

23:00better the history remembers how we

23:02treat each other. Um, we cannot rewrite

23:05Salem's past, but we can help shape a

23:08future. Um, and I want that future to

23:10tell a story of a city that took care of

23:12its own. Uh, so I'm honored to be part

23:15of that work and thank you so much for

23:16the appointment.

23:17>> Thank you. [applause]

23:22And would Jill Elascar like to come up?

23:30>> Good evening. Thank you everybody. Thank

23:33you, Mayor Pangalo. Um, I just saw him a

23:35few days ago at the hospital so that was

23:37great. Um, his whole group came to say

23:39hello and was good connection. and thank

23:41you counselors for appointing us me as

23:44well. Um, so I've been a lifelong Salem

23:48resident, raised four kids in Salem. Um,

23:50have struggled, um, as probably some of

23:52you in this room have to make ends meet.

23:55Um, have, you know, work full-time, you

23:58know, raise children, you know, keep my

24:00head above water. Um, I do a lot of work

24:02in social justice. I work with the

24:04community division team and the police,

24:06you know, with some of the work we do in

24:07Salem Hospital, working with some of our

24:09unhoused folks, you know, some of our um

24:11folks that struggle with mental health.

24:13So, there's a lot of different

24:14interconnections in the city of Salem

24:16that I think are really important and

24:18obviously things that I've seen, you

24:20know, from being, you know, well, being

24:22raised here, but also seeing the changes

24:24over the years and, you know, how

24:26there's a lot of, you know, very good

24:27services in Salem, but I also think

24:29there's some services that can can

24:31continue to be built and, you know, up

24:34and improved and especially when it

24:35comes to tax relief and, you know,

24:38affordability throughout the city. So,

24:40I'm really excited to, you know, do some

24:42work. Um, obviously [snorts]

24:44I love Salem. I've been here a long

24:45time, so it's good I have the time now

24:48to finally kind of give back and, you

24:50know, my kids are all older, so almost

24:52an empty neester. Thank you. [applause]

24:58Further appointments and reappointments.

25:00We have held from the last meeting the

25:02mayor's reappoint of the following with

25:03terms to expire. Alli Crruffield to the

25:06Food Policy Council. Brian Apalo to the

25:09food policy council, excuse me, to the

25:11public art commission and Jim Bostik to

25:13the public art art commission. Councelor

25:16Trski.

25:17>> Thank you, President Merkel. I move for

25:18conf adoption by roll call vote.

25:20>> Councelor Trroski moves for confirmation

25:22by roll call vote. Under discussion,

25:24councelor Troski.

25:25>> Thank you, President Merkel. Just wanted

25:27to say thank you for all of these

25:28individuals for coming back to serve the

25:30city again.

25:31>> Thank you. Any further discussion?

25:34Seeing none, on council Trosky's motion

25:36for confirmation by roll call vote, the

25:38reappoints of Alli Kufalo to the Food

25:41Policy Council, Brian Apedo to the

25:44Public Arts Commission, and Jim Bostic

25:46to the Public Arts Commission. Madam

25:48City Clerk, please call the role.

25:50>> Council Davis,

25:51>> yes.

25:52>> Council Flynn,

25:53>> yes.

25:53>> Council Hworth,

25:54>> yes.

25:55>> Council Haga,

25:56>> yes.

25:56>> Council King,

25:57>> yes.

25:57>> Council Prosnki,

25:59>> yes.

25:59>> Council Smith,

26:00>> yes.

26:00>> Council Stokak,

26:01>> yes.

26:02>> Council Terroski,

26:03>> yes. Council Merkel.

26:04>> Yes,

26:11we have 10 members voting. We have 10 in

26:14the affirmative, none in the negative.

26:15The matter carries. Further appointments

26:18and reappointments. We have the mayor's

26:20appointment of the following to the

26:21Salem Cultural Council with terms to

26:23expire. Mark Miller, term to expire

26:27October 6th of 2029, and Anthony

26:29Barrene, term to expire June 28th of

26:322027. And these are forformational

26:35purposes only. Councelor Trrowski.

26:37>> Thank you, President Merkel. I move that

26:38these be received and filed.

26:40>> Councilor Trosky moves that these be

26:41received and filed. All those in favor?

26:44All those opposed? The matter carries.

26:47Further appointments and reappointments.

26:49We have the mayor's appointment of Ans

26:52Ishvak to of uh 58 mil street Wuburn to

26:56serve as a council in here in the city

26:57of Salem with a term to expire October

27:008th 2026.

27:03Councelor Trski.

27:04>> Thank you, President Merkel. I move that

27:06this be received and filed.

27:07>> Councelor Trroski moves that this be

27:09received and filed. All those in favor?

27:11All those opposed? The matter carries.

27:14Communications from the mayor.

27:16We have ordered that the sum of

27:18$155,534.14

27:25be approved within the retirement

27:26stabilization fund vacation sick leave

27:29buyback account to be expended for the

27:32contract contractual buybacks for Eileen

27:35Simons retired city clerk and Paul

27:38DeFranco for the retired fire

27:39department.

27:40>> Councelor Davis.

27:43>> Thank you, President Merkel. I move for

27:44a suspension of the rules. Councelor

27:45Davis moves for suspension of the rules.

27:48Seeing no objection, Councelor Davis.

27:50>> Thank you. I move for adoption.

27:51>> Councelor Davis moves for adoption.

27:53Under discussion, Councelor Davis.

27:55>> Thank you, President Merkel. These are

27:56uh contractual obligations uh for our uh

28:00city clerk and uh fire department

28:02employee and we um thank them for their

28:04service to the city and wish them a

28:06happy retirement.

28:07>> You any further discussion?

28:10Seeing none on councelor Davis's motion

28:12to approve these retirement vacation

28:14sick leave buybacks. All those in favor.

28:17All those opposed. The matter carries.

28:22Further communications from the mayor.

28:26We have ordered that a petition to the

28:28general court um for the for a bill for

28:32uh stability fund from the mayor um

28:35excuse me for the uh mayor to act and

28:39impose a short-term rental tax um to the

28:42housing stability fund.

28:45>> For the record, councelor Hapworth has

28:47recused himself. Councelor Davis.

28:49>> Thank you, President Mkeley. I move for

28:51adoption.

28:52>> Councelor Davis moves for adoption.

28:53under discussion. Councelor Davis,

28:55>> thank you. So, this is a home rule

28:57petition. Um, I wanted to note a couple

29:00of things. One is that um BMBBS and ins

29:03that use um short-term rental platforms

29:06would be exempt um as would be residents

29:08uh you know that periodically rent out

29:10their room as their primary residence.

29:12Um this would support uh the resumption

29:14of a local low threshold shelter site.

29:17Um although no specific location has

29:19been determined yet, uh if this um is

29:22approved, um the city would then develop

29:24an RFP to identify a site. Um so

29:29very exciting.

29:31>> Thank you. Any further discussion?

29:34Councelor King.

29:35>> Thank you, President Merkel. Um, I just

29:37wanted to uh further clarify one of the

29:40the points that uh councelor Davis

29:42brought up which is regarding people who

29:45um are inside of their primary residence

29:48and rent portions of their primary

29:50residence or their entirety of their

29:51primary res residence. So the language

29:53that was on the agenda that was posted

29:56publicly said that there was um the

29:58excise tax would not apply to um units

30:03uh that is the primary residence of its

30:05owner. basically when they rent out

30:06rooms or parts of the rooms of the

30:08residential unit um where the primary

30:11residence uh of its owner lives there

30:14while the owner is present. Sorry that

30:17got bungled but basically the original

30:19thing that we had in front of us said

30:20that it was only it was only exempt when

30:23the owner was present in their unit

30:25which would mean like if the owner lives

30:27in the house and they're just renting

30:28out a room while the owner is living

30:29there that would be the exemption. The

30:31mayor sent us updated language today

30:33that removes that language while the

30:35owner is present, which is really

30:37important for a lot of people in Salem

30:40who only rent out their property for

30:43part of the year. So, let's say you

30:45leave, let's say you live in your house

30:47most of the year and then you just leave

30:48for the month of October. You go sleep

30:50on someone's couch and you rent out your

30:52your house during that month.

30:56You're exempt. this would not apply to

30:58you with the corrected language that um

31:00is not on the agenda, but is the the

31:02corrected language that we actually are

31:04voting on. Um so if you're someone who

31:06either just leaves your property

31:08temporarily or you are or and if you're

31:11renting out just a room, whether or not

31:12you're there, um you would be exempt.

31:15This is not meant to be an excise tax on

31:18people who just do this part-time in

31:21little parts of the year. it's meant to

31:22be on people who um are taking a whole

31:25unit of housing off of the the rental

31:27market. So, I just wanted to be very

31:29clear about that because I got a lot of

31:30emails from people today who are like,

31:31"Wait, I only leave for a week a year.

31:34If you charge me $500, that's my that's

31:37my entire margin on this." And it's like

31:38that's that's not who it's meant to

31:40[snorts] go after. Uh it's it's meant to

31:42be the um other folks. Thanks.

31:46>> Thank you. Any further discussion?

31:49Councelor Sidorak.

31:51Thank you, President Merkel. Um, so I I

31:53have a few questions on this. This is

31:56mentioned to me earlier in the week and

31:57I I think it's a great idea to find some

31:59sort of revenue source for uh a a

32:03shelter, temporary shelter. It's it's

32:05needed whether that's coming from

32:07federal, state, or some sort of

32:09innovative means within the city. But I

32:13I'm I'm looking I don't see any

32:15background materials. I think when it

32:17comes to putting fees or taxes, I need

32:21an explanation of why are we choosing a

32:23thousand? Why are we choosing 500? Is it

32:26because there are pure municipalities

32:28are doing this? Is it because there's

32:30something about the nature of the market

32:32here that leads us to this? Because it's

32:35so clean, it looks arbitrary. Um, I also

32:38would like to know how many actual units

32:42or businesses is this affecting? Um I

32:46mean is this going to be effective if as

32:50we've seen in the public comment and I

32:51think we all know the enforcement

32:54isn't tight we do not have the

32:57enforcement capabilities to be and to

33:00ensure that we understand where all the

33:04short-term rentals are where all the

33:06nuances of the short-term rentals are um

33:09and to make this not necessarily

33:12complicated. So, I really like the

33:14intention of this. I know that

33:17the point is to put this in front of the

33:19state legis legislature, which is

33:21probably not going to take it up this

33:23time around. It's going to take it up

33:24next time around, but I I we can't take

33:27that for granted. I would have liked a

33:29little bit more explanation and

33:31background on this. I would like a

33:33presentation on this, maybe send it to

33:35committee. Um, but I just if we're going

33:38to be raising fees or taxes, we need

33:41more of an explanation than this is a

33:44good idea. It is a great idea in the

33:46sense that we want to be able to take

33:48care of those who are unhoused, those

33:50who need the most help, but

33:54we we got to we got to think through

33:56this policy and we've got to put that

33:58intention out in front of everyone so we

34:01actually understand why we're doing

34:03these things. Thank you. Thank you. Any

34:06further discussion,

34:08Council Halapa?

34:10>> Thank you, President Merkel. Um,

34:14I hit the wrong button on my computer.

34:16Um, I think this is a lovely idea. I

34:18wish this is the sort of thing that we

34:20had done two years ago rather than right

34:22now. Uh, given how long room petitions

34:24can take to come back to us. Um, and I

34:26do think that's an important note is

34:28that we're not voting tonight on on

34:29making this law in Salem. We're voting

34:32on asking permission to maybe make this

34:34a law in Salem in the future. Um, I

34:36think there's some really good points

34:37that have been made tonight about

34:38enforcement. And I would love to have

34:41that conversation uh with the executive

34:43branch of Salem uh when we have

34:46something that they're also asking for

34:48uh maybe as part of this discussion. So,

34:50I would like to pass this and then I

34:51hope we can have a wholehearted

34:53discussion about what this means in the

34:56face of the whole short-term rental

34:58market in the city. What does that look

35:00like for enforcement? How is this really

35:01helping our unhoused population? Can we

35:03get a little bit more specific in what

35:05we want to do with this money? What

35:06approximately we're expecting from it? I

35:08think it's worth having that

35:09conversation. I don't necessarily think

35:11it's worth holding up this part of the

35:13process right now knowing sort of the

35:16timeline that we're talking about. Um,

35:17so this has my full support. Thank you.

35:20>> Thank you. Any further discussion,

35:25>> Councelor Smith?

35:26>> Thank you, President Mgle. Um, I am

35:28wondering if we can [snorts]

35:31uh put this in with a little more

35:34vagueness that allows us a little bit

35:36more leeway in the future. I actually

35:38don't know the process as well as I

35:40should, but then hearing councelor

35:42Sidoriak discuss the fact that we may

35:46want different numbers, it would make

35:49sense to me that we would submit the

35:50home rule petition with a more open end

35:54on that. Um, there are certain things

35:55that we can change with a home rule

35:57petition later when it comes back and

35:59certain things that we can't [snorts] if

36:01we kind of set them in stone now,

36:04probably more likely to pass. Uh, but

36:07also probably less likely that we can

36:09have leeway in the future.

36:12I would I honestly I should have done

36:14this before and that's why I have these

36:17questions, but I I really didn't think

36:18of it.

36:19>> [snorts]

36:19>> I do also think that we have some issues

36:21with enforcement and that's something

36:22that I've been working on to bring in

36:26hopefully to the future with a few

36:28ideas. Um [snorts]

36:30right now before us though is uh

36:34something that's going to take a long

36:35time as councelor Lapa said and so

36:39getting it in as soon as possible may be

36:41the best course of action. So I'm hoping

36:43we don't need to put it to committee but

36:45that we could discuss it tonight. Um, I

36:49suppose I'm asking if anyone knows the

36:50answer to that question, whether or not

36:52we can decide later on the numbers.

36:56>> Thank you.

36:58>> Thank you, Councelor Davis.

36:59>> Thank you, President Merkel. Yeah, that

37:00that is my understanding. So, so

37:02process-wise, because we're talking

37:04about a hormone petition, we're we're

37:06asking legislature for permission to do

37:10a framework of a thing. Um, it's a very

37:13big if, um, of if they will send it back

37:16to us approved and and then we would

37:20actually have the conversation

37:20[clears throat] of of deciding whether

37:22to implement this and how exactly to do

37:24that. Um and my understanding is at that

37:27point um as long as any changes that

37:29we're making are within the the four

37:31corners um of this which is you know the

37:34four corners are really can we have

37:36permission to to uh implement a a fee

37:39like this. Um I believe that you know

37:42the the numbers of that fee or you know

37:44who exactly would be imposed on um would

37:47be up to us and we we decide whether to

37:49implement it. Um, and I I think that

37:52would be a great time for these kinds of

37:54um conversations about that

37:55specifically, but also this kind of

37:57larger conversation about um

37:59enforcement. So, yeah, I don't I don't

38:01think we we would typically send

38:03something to committee that's a that's a

38:05home rule petition that um you know, we

38:07always know there's a a very small

38:08likelihood of of it coming back to us um

38:11let alone quickly. Um so, I'm you know,

38:14I'm I'm comfortable sending it uh

38:15forward, but always happy to to have a

38:17meeting like that.

38:18Thank you, Councelor King.

38:21>> Thank you, President Merkel. Um, I just

38:23wanted to uh uh point out that the

38:26legislative session is is up in

38:28December. And so, even if we send this

38:30to um if we send this tonight, it might

38:34not even get a bill number. It might not

38:36even get a hearing. if we really wanted

38:39to put it into committee and, you know,

38:42get the city solicitor to weigh in on

38:43it. Um, and any any outside questions,

38:47[snorts] um, I I honestly don't think

38:49it's going to impact the outcome that

38:50much. Like, I I think it's okay if we

38:51put it in committee cuz realistically,

38:53like it at this point in the year,

38:55anything that we send as a home rule

38:56petition to the state house is probably

38:58just not even going to get a bill number

38:59or a hearing, and we're most likely

39:01going to have to reintroduce it in

39:02January anyway. So, um, I rarely am in

39:06favor of putting things in committee,

39:07and I I'm a little inclined to agree

39:09with the the at large counselor that

39:11this that the the at least the like

39:13numbers for the fines might be within

39:15the four corners, but I'm not a lawyer.

39:17Um, and if we did want to talk to a

39:18lawyer, I I don't think I don't think it

39:20would change the outcome that much for

39:21like the the timelines of the state.

39:24>> Thank you. Any further discussion?

39:27Councelor Flynn.

39:29>> Thank you, President Merkel. Uh yeah, I

39:31I really think we are rushing this now.

39:33I I'd like to know more information how

39:35these figures um will come to and I I

39:40don't understand in here where it says

39:41to impose an annual excise on the

39:43privilege of operating a short-term

39:45rental. Um I I honestly have have an

39:48issue when we start putting fees on our

39:50property owners or any of our residents.

39:52Um I think it's a bad look. uh people

39:55are struggling for money and I don't

39:57really think it's a privilege for these

39:59people to do something like this um with

40:02their property. So I I think this is

40:04definitely being rushed. Um the very

40:06least should go to committee, but I

40:08don't think we should be putting these

40:09fees on any of our residents. So I would

40:11not be supporting this tonight. Thank

40:13you.

40:13>> Thank you. Any further discussion?

40:18Seeing none on councelor Davis's motion

40:21to adopt an order for a home petition

40:23relative to an excise.

40:26>> Oh yes, councelor Smith.

40:28>> Thank you, President Merkel. Um

40:31make a motion to send this to committee

40:33administrative and finance co-hosted

40:34with committee of the whole.

40:38>> Second.

40:40>> Okay. on Councelor Smith's motion uh

40:45that first

40:48>> on Councelor Smith's motion uh to send

40:53the order for a home petition relative

40:56to an excise on short-term rentals uh to

40:59the committee on administration and

41:01finance co-posted with the committee the

41:04whole seconded by councelor King. All

41:07those in favor? All those opposed.

41:11The matter carries.

41:16For the record, Councelor Hapworth has

41:19returned.

41:21Further communications from the mayor.

41:30We have an order from the mayor to be

41:33authorized and execute an agreement to

41:35accept an um five $500,000 in funds from

41:40the Massachusetts Clean Energy Center

41:43Green School.

41:46Councelor Davis.

41:47>> Thank you, President Mkeley. Move for a

41:48suspension of the rules.

41:49>> Councelor Davis moves for suspension of

41:51the rules. Seeing no objection,

41:54Councelor Davis.

41:56>> Thank you, President Mkeley. Move for

41:57adoption. Councelor Davis moves for

41:58adoption under discussion. Councelor

42:00Davis.

42:02>> Thank you, President Mkel. Uh so this is

42:04for uh decarbonization electrification

42:07project at uh the horse man. Uh this

42:10order seeks an increase from 250,000 to

42:13500,000. Um 250,000 was a conservative

42:16estimate. Um we don't know yet what

42:18amount of funding will come from the

42:20MSBA. Uh but grants from the

42:22Massachusetts Department of Energy

42:23Resources, National Grid, and

42:26Massachusetts Clean Energy Center will

42:28cover any costs um not covered by the

42:30MSBA. So um there's there's no kind of

42:33borrowing on on our end for this.

42:35>> Thank you. Any further discussion?

42:40Seeing none, on councelor Davis's motion

42:43to increase to increase appropriated

42:45funds for feasibility and design costs

42:48for the Horus man school from 250,000 to

42:51500,000. All those in favor? All those

42:55opposed? The matter carries.

42:59Further communications from the mayor.

43:02Okay, let's try this again.

43:05Um, now we have an order from the mayor

43:07to authorize and execute an agreement to

43:09accept um and expend $5 million funds

43:12from the Massachusetts Clean Energy

43:15Green School Works Grant.

43:17>> Councelor Davis.

43:19>> Thank you, President Merkel. So, these

43:20are um the motion

43:22>> I'm sorry, uh move for adoption.

43:24>> Councelor Davis moves for adoption under

43:26discussion.

43:27>> Thank you, President. Uh so, these are

43:28the two grants uh that were mentioned.

43:30Uh the work to be done uh could include

43:33the replacement of uh [snorts] or

43:35modification of the um the roof, the

43:38HVAC equipment and uh distribution

43:40system um and installation of the geo

43:43exchange and um photo valaic solar

43:47system.

43:49>> Thank you. Any further discussion?

43:53Seeing none on councelor Davis's motion

43:55for adoption authorization for the mayor

43:58to accept grant funds to be used for the

44:01decarbonization and electrification of

44:04the Horus man school. All those in

44:06favor? All those opposed. The matter

44:10carries.

44:11Mayor'sformational page. None.

44:14Motions, orders, and resolutions.

44:17Councelor Flynn.

44:19>> Motion to suspend the rules taken. Um,

44:21I'm not sure your mic is on.

44:23>> I'm sorry. Sorry about that. Motion to

44:26suspend the rules to take a

44:28reconsideration vote on the motion for

44:31reconsideration of the city council's

44:33September 10th, 2026 vote to adopt the

44:36recommendation of the city seal task

44:39force. And I move for adoption.

44:41>> Councelor Flynn's motion to suspend the

44:44rules. Seeing no objection on councelor

44:47Flynn's motion for reconsideration the

44:50city council September 10th 2026 vote to

44:53adopt the recommendation of the city

44:56seal task force. Do we have a second?

45:00Seconded by councelor Prosnki under

45:03discussion. Councelor Flynn.

45:06>> Thank you president Merkel. basically

45:08put this in so we could have a full

45:10council to vote on something of this

45:12importance and um that was my main

45:14intent. Thank you.

45:16>> Thank you. On councelor Flynn's motion

45:18for reconsideration

45:20seconded by councelor Praznooki the city

45:24council's September 10th 2026 vote to

45:28adopt the recommendation of the city

45:29seal task force. All those in favor of

45:32the reconsideration

45:35>> under discussion. All those opposed

45:39for clarity. We can't discuss it until

45:42it's reconsidered.

45:44Thank you. Uh again, all those in favor,

45:49all those opposed.

45:52The matter does not carry.

45:55Further motions, orders, and

45:57resolutions. Councelor Hapworth

46:03>> ordered that a regular meeting of the

46:04city council for the month of November

46:06and December be held on Thursday,

46:08November 12th, 2026 and th and Thursday,

46:11December 3rd, 2026. And I move for

46:14adoption.

46:15>> Councelor Hworth moves for adoption.

46:17Under discussion, Councelor Hart.

46:18>> Uh thank you, President Merkel. Um this

46:21is uh the December meeting is the first

46:23the first week of December in order for

46:25to uh set the tax rate. Um, and [snorts]

46:27then we've got holidays that mix in with

46:29our regular council dates. So, this is

46:30pretty typical for us.

46:32>> Thank you. Any further discussion?

46:36Seeing none, on Council Harris's motion

46:38for adoption that the regular meetings

46:40of the city council for the months of

46:42November and December be held on

46:44Thursday, November 12th and Thursday,

46:47December 3rd. All those in favor?

46:50All those opposed? The matter carries.

46:54Are there any further motions, orders,

46:57and resolutions?

46:59Seeing none,

47:02committee reports. Councelor Davis.

47:05>> Thank you, President Merkel. Um, no

47:07committee report. This uh meeting was uh

47:10cancel canceled and be rescheduled. Uh

47:12we can get some more uh city staff

47:13present for it.

47:15>> Duly noted.

47:18[clears throat]

47:18>> Further committee reports. Councelor

47:20Hapworth.

47:35Just have a one minute delay for

47:37paperwork.

47:58I'll just say city of Salem and city

47:59council the committee on ordinances

48:01licenses and legal affairs co-post with

48:03the committee of the whole to whom is

48:04referred the matter of data centers has

48:07considered said matter and would

48:08recommend adoption for second passage as

48:11amended

48:12>> on acceptance of the report. All those

48:14in favor? All those opposed. So voted on

48:19adoption of the recommendation

48:22uh for second passage as amended. Under

48:25discussion, councelor Hapworth.

48:26>> Um thank you, President Merkel. Uh so we

48:29had a a a good meeting on data centers

48:31where we discussed um I think primarily

48:33the 2 megawatt threshold which had come

48:35in from the planning board uh as a

48:38recommendation to ensure that um typical

48:42use in say a server room or in a

48:44hospital in uh university places that

48:47would need this weren't inadvertently um

48:49made illegal uh by the the threshold and

48:52also the concern uh and then we I think

48:54came back with a concern around just the

48:562 megawatt um number as being uh a

49:00measurement being used to define a use

49:02which seems a little clunky and could

49:04potentially open us up to issues if

49:06technology changes and no one wants to

49:08live next to a even a 1.9 megawatt data

49:10center. Um but we do want things like

49:13hospitals and and universities to be

49:15able to operate their server rooms or do

49:17what they need to do. So we came up with

49:19a um with a amendment here that I have

49:23here. Uh so we removed after uh um

49:28manufacturer research use we had added

49:30in has an aggregate power demand of 2

49:32megawatts or higher. We removed that and

49:34then we added in a data center shall not

49:36include computer servers and related

49:39information technology infrastructure

49:40that is accessory incidental and subord

49:43subordinate to a lawful principal use at

49:45the same facility or portion thereof.

49:47However, this exemption does not cover a

49:49separate business providing data

49:51storage, server hosting, distributed

49:52processing or similar technology to

49:54third parties.

49:58>> And so we would take up the amendment

50:00first and then we would uh take up

50:02second passage.

50:13>> I don't see why we would

50:19I mean, I'll I'll

50:25>> assume we would need to vote on the

50:26amendment, but if you two are fine with

50:28voting on the amendment, that was just

50:30my understanding for the clerk, but

50:33>> Okay.

50:34>> I don't want

50:35[laughter]

50:36>> We're happy to Yeah. vote on the

50:38amendment. It was just my understanding,

50:40but

50:41Okay. So um

50:48one moment point of clarity.

50:53>> Yes.

51:03>> Okay.

51:05On the motion

51:08for the amendment to remove the

51:12aggregate power demand of 2 megawatts or

51:15higher and add in the amendment a data

51:19center should a data center shall not

51:22include such computer servers and

51:25related information technology

51:27infrastructure [snorts] that is

51:28accessory, incidental and subordinate to

51:32a lawful principal use at at the same

51:35facility or portion thereof. However,

51:38this exemption does not cover a separate

51:40business providing data storage, server

51:44hosting, distributed processing, or a

51:47similar [clears throat] technology to

51:49third parties.

51:53All those in favor?

51:56Yes. A question for clarity?

51:58>> Yeah, a point of clarity. Are we having

51:59discussion on the amendment or are we

52:01voting it immediately? Yes, we had

52:03discussion in committee, but I'm happy

52:05to open it for discussion now.

52:08Under discussion.

52:10I'm

52:10>> fine. Sorry. Go ahead.

52:11>> Anyone else want to comment on this?

52:13Yes, Councelor King.

52:15>> Thank you. Uh, thank you, President

52:17Merkel. So, um, this is kind of in

52:19relation to to the amendments as well as

52:22overall passage. So, that's why I'm

52:24talking now. Um I've I've walked all

52:27sorts of way around on this thing uh

52:29just because it it's taken um different

52:33uh forms over time. Um I think the

52:36reality is what we want to do is we want

52:40to close a big gray area right now in in

52:43our ordinance. Right now our ordinance

52:44does not define data centers as an

52:46accepted primary use. It just doesn't

52:48define data centers at all. That creates

52:51gray area. That is why this was

52:53introduced.

52:55I think that we all agree based on all

52:57the conversations that we had in our

52:59multiple hearings, committee meetings,

53:01so on so forth that nothing that we can

53:04pass tonight is a comprehensive data

53:08center ordinance. Like we all agree that

53:10there is a lot of nuance that would go

53:12into an actual comprehensive data center

53:15ordinance. So anything that we are doing

53:18tonight is effectively temporary. It's

53:20not technically a moratorium, but it is

53:22effectively temporary. like that was

53:24pretty well agreed on in the committee

53:26meetings is that like no matter what we

53:27do, we're [snorts] probably going to be

53:28bringing in something more nuanced in

53:30the future. Um so that being said, um

53:36the language and uh the language that we

53:38have in front of us, um

53:41uh I think that it's important that we

53:44don't add since it is really meant to be

53:47a temporary moratorium on data centers.

53:49I actually think it's important that we

53:50minimize any possible loopholes in what

53:52we pass tonight. Finally, um so I'm in

53:56support of removing the 2 megawatt limit

53:58because I think we agreed in committee

54:00that that created loopholes. [snorts]

54:01That said, I've talked about this with

54:04the mayor, looked into it. I think that

54:06we actually the the added sentence that

54:08we decided to add the two sentences

54:10about a data center not you know shown

54:12not include XYZ I actually think those

54:14are unnecessary and I think they

54:16potentially create additional gray area

54:20or loophole capabilities and the reason

54:21why I think they are unnecessary is the

54:23very first sentence defining a data

54:25center as a facility or portion thereof

54:28primarily designed primarily designed

54:31that is the important language primarily

54:34designed or used to house computer

54:35servers.

54:37I would argue that that really gets into

54:40primary use. Like this ordinance is

54:42about primary use and I think the server

54:43room technology that we are trying to

54:45allow for that like regular businesses

54:48will have is covered already as an

54:51accessory use. And that was backed up by

54:54uh the lawyer at KP Law who said the the

54:56reason why she recommended we could add

54:58this language if we wanted to while

55:00staying within the four corners of the

55:01bill was because it was just further

55:04clarifying accessory uses. That's all it

55:06was. It's not actually changing the

55:08meaning that it didn't change it. It

55:09just further clarified accessory uses.

55:11My point is I think that through further

55:15clarifying the accessory uses, we may

55:19have introduced inadvertently additional

55:21loopholes that make this something that

55:22would be harder to hold up against in

55:26court if someone wanted to come and and

55:28say that they didn't like a ruling they

55:30got from the city. Um, that's my take is

55:33I actually think that we should go back

55:34to what we originally had, which is

55:35crazy because I think I was one of the

55:36people that most disliked what we

55:37originally had because I think it really

55:39lacks nuance. But I think that if our if

55:41we acknowledge that this is really meant

55:43to be a temporary essentially moratorum

55:47just for a few months. I think we should

55:48just leave it with the original language

55:50that doesn't have as much room for

55:52loopholes and if something needs to go

55:55in front of the zoning board like a

55:56server room because for some reason

55:58there's an issue they still can't.

55:59There's nothing stopping these

56:00businesses from doing that. This is a

56:02short-term thing. So that's my take is I

56:04would I would accept the two megawatts

56:06but not the other sentences. And I would

56:08I would motion for those two votes to be

56:10taken [clears throat] separately.

56:13>> Okay. Thank you.

56:15Continued discussion.

56:18>> Unless you have made a motion, then that

56:21is what we would take first.

56:22>> Um my motion. Yeah, I think I motion to

56:24for the 2 megawws change and the other

56:27accessory use language change. Those

56:29votes to be taken separately.

56:32>> Question.

56:32>> Yes. Do we have do we need a second for

56:34that?

56:36motion.

56:38>> Yep. Yeah. Yeah. Motion motion to split

56:40the question.

56:41>> Um seconded by councelor Smith. Um all

56:45those in favor of splitting the

56:46question. Okay. I will take the

56:49amendments up the proposed amendments up

56:52separately. So the first proposed

56:54amendment is to remove and has an

56:58aggregate power demand of 2 megawws or

57:03higher. and that is to remove that.

57:07Any discussion on the removal of that

57:10item? Councelor Halapa. Thank you,

57:13President Marvel. Just speaking to

57:15clarify things and my own thoughts as

57:17we're voting on these. Um, I do think

57:19that having this language in here is

57:21dangerous. Um, I'm going to be voting

57:25in favor of removing it. Yes, that's the

57:28correct way, right? Good. Voting in

57:30favor of removing us. Thank you.

57:32>> Thank you. Any further discussion on the

57:35first part of our amendment in removing

57:38that? Okay. Uh seeing none on the

57:42removal of the section that and has an

57:45aggregate power demand of two megawws or

57:48higher. All those in favor? All those

57:52opposed. The amendment carries.

57:56The second part of the proposed

57:57amendment. This is to add um I'll read

58:02it again just so everyone including at

58:04home can um understand exactly what

58:06we're voting on. This second part of the

58:09amendment is to add the language. A data

58:12center shall not include such computer

58:15servers and related information

58:17technology infrastructure that is

58:19accessory incidental and sub subordinate

58:23to a lawful principle use at the same

58:27facility or portion thereof. However,

58:29this exemption does not cover a separate

58:32business providing data storage, server

58:35hosting, distributed processing or

58:37similar technology to third parties.

58:41under discussion.

58:44Councelor Sedoryak.

58:45>> Thank you, President Merkel. Um I my

58:47biggest issue going into this approach,

58:50I appreciate the mayor's intent to

58:54quote unquote ban uh data centers, which

58:57the original piece was trying to do. Um,

59:02albeit it it it put us in a tight spot

59:05where we didn't have the flexibility to

59:06start from where we needed to be

59:08starting, at least through conversations

59:10of our own. Um, and so I appreciate the

59:14efforts to try to work within the four

59:16corners to get to that place. Um, that

59:19being said, we just need to take a step

59:21back and I think we could do it with

59:22this working group. I really, really

59:25want us to actually come together and do

59:26this working group. And if we're going

59:28to do the working group to try to fix

59:32this through a moratorum, I think we

59:34need to start from the original

59:36intention of the mayor and not from a

59:38place that has been modified and changed

59:40in uh in this way. I think we need to

59:44start with that as the foundation. And I

59:47think by taking this out that gives us

59:48that opportunity. Let's do the next step

59:51and actually take this slower, more

59:54thoughtful process. So be I'm not saying

59:56the mayor's office didn't do that, but

59:58let us do that and let us bring other

1:00:00people in and then also let's do it in a

1:00:02in you know whatever public fashion that

1:00:04we think is fit. Thank you.

1:00:07>> Thank you. Any further discussion on the

1:00:09second part of the proposed amendment?

1:00:10Councelor Halapa.

1:00:12>> Thank you, President Markle. I think

1:00:14this language is valuable to keep in

1:00:15here. Um so you know when we were

1:00:18looking at this whole this whole

1:00:19amendment um part of this is adding to

1:00:21the principal the table of principle and

1:00:23accessory uses just nose across the

1:00:26board for all of our different zones. So

1:00:28that's important to keep in mind. What

1:00:30that means is that they're you know

1:00:32they're not allowed as principal or

1:00:34accessory uses. And I think it's

1:00:36valuable to have this language in here

1:00:37to say like look if this is accessory,

1:00:39incidental, and subordinate. Those three

1:00:41things together

1:00:44then and it's serving a lawful principal

1:00:46use. So if it's the hospital and they

1:00:48have a server room that they want to

1:00:50build, we're not making that impossible.

1:00:54I think that's important. That's no one

1:00:56wants to stop us from doing that. Um

1:00:59that could cause problems for businesses

1:01:00that we're not intending to put in

1:01:02there. I do think I would like to make

1:01:05an amendment to amend this. Um, can I do

1:01:08that right now or do I have to do that

1:01:09after we voted on this one?

1:01:11>> No, you can make that now and we will

1:01:13vote on that additional amendment to

1:01:16this amendment.

1:01:17>> Thank you. And I promise this is small

1:01:18and I've got it written down

1:01:20>> and speak slowly so I can write it down.

1:01:22>> So, this relates to the part that was um

1:01:24was uh the language that was created by

1:01:27councelor Hapworth in the last meeting.

1:01:28So this is relating to that section that

1:01:29says a data center shall not include

1:01:31such computer servers and related

1:01:33information techn in infrastructure that

1:01:36is accessory incidental

1:01:39and subordinate that's to make sure that

1:01:41those three things are those three

1:01:43things uh and then I would also like to

1:01:45add the word wholly

1:01:48after after the section that says uh

1:01:50incidental accessory incidental and

1:01:52subordinate to a lawful principle use

1:01:54wholly at the same facility or portion

1:01:56thereof.

1:01:59Okay,

1:02:01let me just look for

1:02:03>> so it's a comma and it's the word holy

1:02:06>> use.

1:02:08And where was that? The principal use at

1:02:10where where was hol wholly added

1:02:12>> after the word use prior to the word at?

1:02:15>> Okay,

1:02:15>> principal use wholly at the same

1:02:17facility or portion thereof. Holy

1:02:22at the same

1:02:25facility.

1:02:29Okay.

1:02:34Okay. Add.

1:02:36Okay. Um do we have a second for adding

1:02:39this? Seconded by councelor King. Okay.

1:02:41So, um the proposed amendment to the

1:02:44proposed amendment uh that um propos u

1:02:48motioned by uh councelor Halapa,

1:02:51seconded by councelor king. It is to

1:02:53first add a comma after incidental and

1:02:57second add the world word h wholly where

1:03:01it says principal use and then it would

1:03:04say holy at the same facility.

1:03:09Any further discussion on that added

1:03:11language?

1:03:13Councelor Hworth.

1:03:14>> Thank you, President Merkel. If I could

1:03:15just under I don't have it in front of

1:03:16me right now. If I could just understand

1:03:18Okay. If I could just understand the

1:03:20rationale for the uh the addition of the

1:03:22word holy. I I'm not against it. I'm

1:03:24just curious as to what what this is

1:03:26solving for.

1:03:28>> Thank you, Councelor Halapa.

1:03:30>> Thank you, President Merkel. Um three to

1:03:32the to our dean. Excellent question.

1:03:33That's what I was about to clarify. Um

1:03:35so the goal with this is we we covered a

1:03:38really important use case in this

1:03:39language that says that uh a business

1:03:42cannot have a third party business a

1:03:44separate business come in and like rent

1:03:45out their servers. Um that does not stop

1:03:48that own business from coming in and

1:03:50doing that. So that does not necessarily

1:03:52stop Amazon from building a converting

1:03:54their warehouse into a data center and

1:03:56then leasing all of those servers. So

1:03:57the idea is that the use has to be

1:03:59contained wholly in the facility and

1:04:01they cannot lease out their own thing as

1:04:03a first party. So that's the intent of

1:04:05that language. Thank you.

1:04:06>> Thank you. Any further discussion?

1:04:10>> Okay. On the proposed amendment uh to

1:04:13the amendment to add the comma after

1:04:15incidental and adding the word uh holy

1:04:19um where it goes um principal use and

1:04:22then it would say holy at the same

1:04:24facility. All those in favor? All those

1:04:27opposed?

1:04:29The amendment carries.

1:04:32Now back to the second amendment and I

1:04:36will take discussion. Uh so back to the

1:04:40second part we split the amendment the

1:04:42proposed amendments that we are still on

1:04:44the second part with the approved comma

1:04:47and extra word in this under discussion.

1:04:51Councelor King.

1:04:53>> Thank you President Merkel. I appreciate

1:04:55the um amendment of the ward six

1:04:57council. I think that's a helpful

1:04:58amendment. I I will say I think that um

1:05:01and this this is like the gray area I

1:05:03mean when I say that there is still gray

1:05:05area here and I do think that this is uh

1:05:09I think most of the examples that most

1:05:11of us can think of in Salem we're

1:05:12probably fine with right like the the

1:05:14hospital having um server rooms and

1:05:17things like that but you brought up uh

1:05:18Amazon and Amazon's a really good

1:05:20example um Amazon the way the language

1:05:23is written today Amazon could put a data

1:05:26center inside of their warehouse as an

1:05:31accessory subordinate incidental use,

1:05:35they would be allowed to do it. And we

1:05:37know the way that Amazon's business

1:05:39process works, they they could be doing

1:05:42things for Amazon. It's not necessary

1:05:44that they're like leasing out the space.

1:05:45Like they could put some sort of data

1:05:46center in there. And the way the

1:05:48language is written right now, there is

1:05:50no cap on how big that data center could

1:05:52be. So they could put in like a five

1:05:54megawatt data center inside of their

1:05:57facility and the only way that we would

1:06:00have to be able to enforce that they're

1:06:02actually doing data like data center

1:06:05tasks for themselves wholly and for that

1:06:09own their own facility within Salem

1:06:11wholly um would be to like be inside of

1:06:14like be in their in their in their data

1:06:16like and to know what they're actually

1:06:17doing like know what they're doing

1:06:19they're processing which is proprietary

1:06:20information and we'd probably have to

1:06:21get deep into a lawsuit. to get that

1:06:23level of information. And that's a

1:06:25lawsuit that the city of S probably

1:06:26doesn't have money to pay. It's an

1:06:27example. It's it's a it's my point is

1:06:30this is like I think that by keeping

1:06:32this language, it just starts

1:06:35going down this possible funnel of

1:06:39potential issues. And that's why I'm

1:06:41opposed to the language and why I think

1:06:44that just keeping like keep it simple.

1:06:47Um keep it simple silly goosees, you

1:06:49know. Uh we'll keep it simp keeping it

1:06:51simple could help um us just avoid

1:06:54potential gray areas in the in the

1:06:56months while we figure this out. But I

1:06:57do I do like I think if I think that's a

1:06:59really extreme example to be honest and

1:07:01I doubt that any business in the in the

1:07:04four months, 5 months, 6 months that

1:07:05this is the law of the land would do

1:07:07that. But that's that's the thing I'm

1:07:09worried about technically.

1:07:11>> Thank you. Any further discussion?

1:07:12Councelor Sedoryak.

1:07:14>> Thank you President Merkel. I'll make

1:07:15this fast. essentially echoing the W 5

1:07:18counselor's comments. Um we spoke about

1:07:22this a few times. Each iteration that we

1:07:25were looking at for this ordinance,

1:07:27there were different ambiguities, not

1:07:29even just a like a a scale of it. They

1:07:32all just had their own ambiguities. And

1:07:34I think choosing the ordinance that has

1:07:37ambiguity that we can better understand

1:07:40or we could think has the least amount

1:07:42of unintended consequences is the right

1:07:44path. which is why I think we should go

1:07:46with the original version and then have

1:07:49the working group to work from there

1:07:51rather than dealing with the

1:07:52complexities that we've added here.

1:07:53Thank you.

1:07:55>> Thank you. Any further discussion? Uh

1:07:58councelor

1:08:00>> sorry

1:08:01>> councelor Hapworth I think was first.

1:08:03>> Thank you president Merkel. Um so we had

1:08:06a committee meeting for this. Uh we

1:08:07talked about this at length in

1:08:08committee. This was reviewed by KP law.

1:08:10It was reviewed by outside council.

1:08:14a use I mean a a um a distribution

1:08:17facility that's the principal use of

1:08:19that facility. So Amazon would not be

1:08:22building a 5 megawatt data center inside

1:08:24of their um inside of their distribution

1:08:27facility and arguing that it was

1:08:29accessory and subordinate to that

1:08:30facility. Um, so I don't want I don't

1:08:34want to [clears throat] treat zoning I

1:08:35mean we try to be as as precise as we

1:08:37possibly can with zoning, but this isn't

1:08:39a computer program where we're writing

1:08:41ones and zeros and and and figuring out

1:08:43what it's going to do. Like there is

1:08:44there is always room for interpretation

1:08:46inside of zoning. But I think we've made

1:08:48our intent very very clear. I think that

1:08:50in any situation where this zoning was

1:08:51challenged, it would be very clear what

1:08:53the city of Salem has decided to do here

1:08:54with its with its zoning is that we are

1:08:57opening it up for specific businesses

1:08:59like hospitals and universities to do

1:09:00what they continue to do what they do,

1:09:02but that we don't want data centers in

1:09:04Salem. And that I think in within our

1:09:06zoning is made very very clear by this.

1:09:08We can sit here all night and we can

1:09:10think about any potential loophole that

1:09:11someone could could potentially think

1:09:13about, but those things would get

1:09:14knocked down. they would not survive um

1:09:17the ZBA or even even legal challenges. I

1:09:19think what we've built here is is uh is

1:09:23clear of what our intent is and if we

1:09:25want to open this up later and talk

1:09:27about a more comprehensive uh data

1:09:29center ordinance, we certainly can. But

1:09:31I think we've done the work here. I

1:09:32think we understand what we're voting on

1:09:33here tonight and I wouldn't go too much

1:09:35deeper into trying to outthink ourselves

1:09:37on this. Thank you.

1:09:39>> Thank you, Council Halapa.

1:09:41>> Thank you, President Merkel. I I want to

1:09:43build off of what council Hapworth had

1:09:45just mentioned and and uh you know

1:09:47reiterate that we have a zoning officer

1:09:48in the city whose authority it is to

1:09:50interpret the zoning. Uh I have spoken

1:09:52to her about this and the language as it

1:09:54was amended. Uh and she feels fairly

1:09:56confident that you know this does not

1:09:58prohibit or this this does prohibit the

1:10:00things that we're being concerned about.

1:10:02Uh, I think it's a fair point to raise

1:10:03that look, someone could still come in

1:10:06and [clears throat] challenge the zoning

1:10:07officer's decision at court and I don't

1:10:10know that there's any language that we

1:10:12could put in this where that wouldn't

1:10:13happen, especially if we're concerned

1:10:14with folks like Amazon. So, I I think we

1:10:17just have I I don't know a way around

1:10:18that. I think this is good. I think this

1:10:20covers it. I hear from the person that

1:10:22can interpret this that this is meeting

1:10:24what my expectation was. We've heard

1:10:26from other lawyers. I'm content uh to to

1:10:28move this forward as it's as it's

1:10:30written. Thank you. Thank you, Councelor

1:10:32Smith.

1:10:33>> Thank you, President Merkel. Uh, at the

1:10:35risk of speaking ill of all my fellow

1:10:37counselors, I think that the loophole

1:10:40that [snorts] a company finds is not

1:10:43something that we're seeing right now. I

1:10:45think that as has happened in the past

1:10:48in Salem, um we we we may a law may be

1:10:53an ordinance may be enacted, somebody

1:10:56finds a loophole and they kick that open

1:10:59and the door is down. And so the

1:11:01strongest possible language we can put

1:11:03in here for now is probably the best

1:11:06language because we just want to make

1:11:10sure that doesn't happen while we're

1:11:11gathering our ideas and thoughts and

1:11:14data and information and experts to put

1:11:17together something that is comprehensive

1:11:19that is nuanced.

1:11:21Um we had a great discussion the other

1:11:23night. We had a big ch I I was on Zoom

1:11:26but everyone most people were here. I

1:11:28think we came up with good language.

1:11:30It's been improved a little bit. Um, and

1:11:33I think that we should go forward with

1:11:36what we have on uh what we discussed the

1:11:39other night. So, I'm going to call the

1:11:40question. Oh, I won't. All right. I

1:11:43withdraw. Okay. I'm going to call the

1:11:45question.

1:11:57>> Okay. We are now uh moving on to vote on

1:12:02the second part of the proposed

1:12:04amendments as amended. We did vote to

1:12:07add the comma in the additional word

1:12:09holdy.

1:12:12All those in favor?

1:12:15All those opposed.

1:12:18The matter carries to add the second

1:12:20part of the amendment.

1:12:23Now we are back to voting on councelor

1:12:26Happer's motion to adopt as amended uh

1:12:32which uh omitted the uh demand for 2

1:12:36megawatts or higher and it adds the

1:12:40additional language that was that was

1:12:42discussed including uh an amendment that

1:12:44added two small changes to that

1:12:49and it is for adoption for second

1:12:52passage. message as amended and for the

1:12:56zoning ordinance relative to data

1:12:58centers. All those in favor?

1:13:01All those opposed. The matter carries.

1:13:06Councelor Horn.

1:13:12Communications from city officials.

1:13:18We have an order in accordance with

1:13:20Massachusetts General Law Chapter 268A

1:13:23section 20B that the city here city

1:13:26council hereby declares that John Dea

1:13:28has met the requirements for exemption

1:13:31as set forth in the section and may be

1:13:33retained to work part-time as a tutor

1:13:35for the Salem public schools not to

1:13:38exceed 500 hours.

1:13:40Councelor Terowski.

1:13:42>> Thank you, President Merkel. I move that

1:13:43this be adopted. Councilor Trosky moves

1:13:45that this be adopted under discussion.

1:13:47Council Trrosky.

1:13:48>> Thank you, President Merkel. Um this is

1:13:50just merely a justification. Um Mr.

1:13:52Tahada is a current employee of Salem

1:13:54Public Schools. Um since this tutor work

1:13:57would be um contributing personal time,

1:13:59we've just had the city solicitor um

1:14:02[clears throat] and the state sign off

1:14:03that this is not uh this is exempt from

1:14:05the conflict of interest law. Thank you.

1:14:08Any further discussion?

1:14:10Seeing none, on councelor Terrosky's

1:14:13motion for adoption that John Tahada has

1:14:16met the requirements for exemption and

1:14:18may be retained for part-time work as a

1:14:20tutor for the Salem public schools. All

1:14:22those in favor? All those opposed? The

1:14:25matter carries.

1:14:28Further communications from city

1:14:30officials. We have an ordinate an

1:14:33[clears throat]

1:14:33We have an order in ordinance with

1:14:35chapter 32 article 5 section 32-121

1:14:40of the code of ordinances for the city

1:14:42of Salem that the Salem Police

1:14:43Department

1:14:44requests to put temporary video

1:14:47surveillance cameras in several key

1:14:49hightra high-profile areas.

1:14:53This is for the um security enhancement

1:14:56for the haunted happenings festivities.

1:14:59Councelor Trroski.

1:15:00>> Thank you, President Merkel. I move that

1:15:01this be adopted.

1:15:03>> Councelor Trroski moves for adoption.

1:15:04Under discussion, Councelor Trroski.

1:15:07>> Thank you, President Merkel. Um,

1:15:09understandably, anytime we are proposing

1:15:11new cameras in the city, um, there are

1:15:14questions that are and should be asked.

1:15:16Um, it was asked of the police chief,

1:15:19um, what types of video footage would

1:15:21this be collecting? Um, it would be

1:15:22regular video only, no audio, no

1:15:25automated license plate reader

1:15:26technology, no facial recognition, and

1:15:28no smart features or AI features. Um,

1:15:31basically a closed circuit, um, like

1:15:34video feed that you'd see from a

1:15:35security camera. Um, the five locations

1:15:38that were proposed, um, Essex and North

1:15:40Street, um, that would be near Jerry's

1:15:42and the Witch House. Um, two is Essex

1:15:44and Barton, which is near the Warren

1:15:45Museum.

1:15:46>> [snorts]

1:15:46>> Three is Federal Street overlooking uh

1:15:48the entrance to the Witch City Mall um

1:15:50across the Church Street lot. Um fourth

1:15:53is Boston and Proctor Streets which is

1:15:55by the Walgreens and Dunks Dunkin

1:15:57Donuts. Um and then the fifth uh the

1:16:00former Walgreens and the Dunkin Donuts.

1:16:01And then the fifth location is North

1:16:03Street and Bridge Street um around the

1:16:05little loop in the overpass um near the

1:16:08bait shop and the old train tracks um

1:16:10where a cyclist was just struck by a car

1:16:12about 3 weeks ago.

1:16:14Um these the footage would not be shared

1:16:20um with anybody outside of the Salem

1:16:22Police System. Um the the feed would be

1:16:26stored um in the data in the the data

1:16:29storage room of the police office um for

1:16:3130 days. Um the feed the live feed would

1:16:34be available to staff in the control

1:16:36room in real time. Um the state police

1:16:39would be responsible for um they have

1:16:41ownership of the cameras and they're

1:16:42performing the installation, but they

1:16:44would not have access to the feed

1:16:46[snorts] um and no outside agencies or

1:16:47vendors could access the data or the

1:16:49feed obtained.

1:16:52>> Thank you. Any further discussion?

1:16:54Councelor Sedorak.

1:16:56>> Thank you, President Merkel. Um just

1:16:58real quick, maybe this for future

1:17:00conversation. And I really appreciate

1:17:02all the context that the Ward One

1:17:04counselor brought, but I I think that we

1:17:06need to have a future conversation of us

1:17:11determining policies in regards to

1:17:14privacy and security because

1:17:17those are all the things that I want.

1:17:19It's not in an ordinance or the city

1:17:24charter. It's a policy that could

1:17:25change. It could change right after

1:17:27this. It's not set in stone despite it

1:17:29being said. Uh, I think it's really

1:17:30important for those who represent the

1:17:33people here in Salem to have a

1:17:36discussion of setting those things in

1:17:39stone. Um, or at least ensuring that

1:17:42they could happen. But I appreciate the

1:17:44security, especially giving that we're

1:17:46having a more popular Halloween season

1:17:49in general. Um, and I'll be voting for

1:17:53it. Thank you.

1:17:54>> Thank you, Councelor Hapworth.

1:17:56>> Thank you, President Merkel. Uh, thank

1:17:58you, Councelor Sedor. I think what

1:17:59councelor Sedoric is mentioning here or

1:18:01is referencing here is that uh for I

1:18:03guess some historical context is that uh

1:18:05last year at this time, I believe this

1:18:07was last year this time, we as a a few

1:18:09members of our council asked uh uh the

1:18:13police chief to um about a data storage

1:18:16policy or data policy. Um and uh as of

1:18:19right now uh that is still um

1:18:23[clears throat] still in progress at at

1:18:25at the Salem Police Department. I would

1:18:27I would also like to see a data storage

1:18:29policy. Um just so we could have that

1:18:32[snorts] assurance as to what's

1:18:33happening here. Um but as the W one

1:18:35counselor mentioned, what we have here

1:18:36in front of us is pretty basic uh camera

1:18:39system. I think there's a clear public

1:18:40safety benefit to having these in place

1:18:43in October. Um I feel comfortable with

1:18:45what we have in front of us right now,

1:18:46but I do encourage um uh either the

1:18:48Salem PD or or the mayor's office um or

1:18:51even the city council. We could work on

1:18:53our own data policy at some point, but

1:18:54we need to um we need to have some more

1:18:56safeguards in in place here for this.

1:18:58Thank you.

1:18:59>> Thank you, Council Halapa.

1:19:02>> Thank you, President Merkel. I move that

1:19:03this matter be referred to the committee

1:19:05on ordinances, like licenses and legal

1:19:07affairs.

1:19:09>> Council Halapa moves that this be sent

1:19:11to the committee of ordinances, license,

1:19:13and legal affairs. Uh do we have a

1:19:15second?

1:19:19Seeing none, any further discussion on

1:19:22uh adoption?

1:19:25Council Hapa.

1:19:26>> Thank you, President Merkel. Um I

1:19:28there's I appreciate everything that's

1:19:30been said so far. Um and I think my

1:19:32stance on this is that I've also reached

1:19:36out to Chief Miller about some of these

1:19:37policies that have been referenced. And

1:19:39it's it's a little bit alarming to me or

1:19:41frustrating perhaps that there that

1:19:43these things aren't documented. anytime

1:19:46that uh a city or an an entity adopts

1:19:49this kind of technology that has some

1:19:51sort of third-party service provider

1:19:54that I do not know who it is because

1:19:55they don't have a physical wire running

1:19:57from these cameras back to the police

1:19:59station. I want to know what's involved.

1:20:01I want to know who's involved. I want to

1:20:03know where the data is going, who has

1:20:04access to this. These are all things

1:20:06that are pretty standard software as a

1:20:08service contracts, information that

1:20:10should be readily available in 5 minutes

1:20:13for it to be sent to us in a document

1:20:15that is policy. And I have not seen

1:20:17that. Um,

1:20:20there's other two other pieces of this

1:20:21that are particularly concerning, which

1:20:23is why I was willing to put this into

1:20:25committee and why I won't be voting on

1:20:26this.

1:20:28These might be up, as far as I can tell,

1:20:30during the midterm elections. And what I

1:20:33learned earlier this year when we were

1:20:34talking about how haunted happenings uh

1:20:37retrospectively last year is that there

1:20:39is federal law enforcement here in Salem

1:20:42during this October season. And I'm

1:20:45concerned with providing additional data

1:20:47who I do not know who really has access

1:20:49to it during the midterm elections when

1:20:51we're hearing what we're hearing from

1:20:53the Oval Office when I know there's a

1:20:55federal presence in Salem. So I'm going

1:20:58to give this what I would call a

1:20:59qualified yes. But without having these

1:21:01qualifications, I cannot vote in favor

1:21:03of this. And I'll be really specific

1:21:04about what I'm referring to. I just

1:21:06closed the tap on my computer that I was

1:21:08going to reference. So, give me one

1:21:09moment here.

1:21:10>> Take your time.

1:21:11>> Thank you.

1:21:15Very specifically, what I'm looking for

1:21:17is documented data retention policy.

1:21:20Documentation on where this data is

1:21:22being stored and how it's being stored.

1:21:26document documentation and data sheets

1:21:28on the software that this is using the

1:21:30hardware of the cameras that will be

1:21:31installed and operating any

1:21:33documentation or policy around who has

1:21:36who has access to this like what what

1:21:38police officers is it just going to be

1:21:39on a room are there going to be user

1:21:41authentication what does that look like

1:21:43is this live is it stored as well as any

1:21:45agreements or contracts with the

1:21:47Massachusetts State Police which these

1:21:49belong to or any third party service

1:21:51providers so if I can get information on

1:21:53all of that and it looks good I'm happy

1:21:55to vote in favor of this, but until I

1:21:56get that, I have not received it. Even

1:21:59though I asked for it, I will be voting

1:22:00no on this. Thank you.

1:22:02>> Thank you. Any further discussion?

1:22:04Councelor Trouski.

1:22:06>> Thank you, President Merkel. The

1:22:07information I shared before um is

1:22:10directly from the police chief um via

1:22:12email this week. So, it is a matter of

1:22:14public record, although it has not been

1:22:15distributed to this entire body.

1:22:18Um, just to confirm, no outside agencies

1:22:21or vendors would have direct access to

1:22:23the live feed or stored footage. Any

1:22:25outside requests for footage would have

1:22:27to go through Salem Police established

1:22:29process. And then the police chief is

1:22:32confirming the cameras would have no

1:22:33technology beyond the ability to record

1:22:36conventional video, no plate reader, no

1:22:38facial recognition, no other smart

1:22:40functions. The video data is stored at

1:22:42Salem Police Department, feeds into our

1:22:44regular system, and is held for 30 days.

1:22:46the feed itself would be available to

1:22:47the control room staff.

1:22:50>> Thank you, Councelor Smith.

1:22:53>> Thank you, President Merkel. Um, just to

1:22:55let folks know, we have about a hundred

1:22:57of these up right now. They uh record

1:23:00all parts of the city, can help, you

1:23:02know, deal with a situation, follow

1:23:04somebody if if there's a actual criminal

1:23:07[snorts] need. um and just generally

1:23:10provide uh

1:23:13um access, you know, for when the police

1:23:16are investigating something, but it's

1:23:17closed circuit. So, it's only open to

1:23:19the police. So, we decide that we trust

1:23:22the police enough that they're going to

1:23:24use it in uh

1:23:26to help solve a crime, not for anything

1:23:29else. We're already doing this. We

1:23:31already have a hundred of these. These

1:23:32are five mostly in W 2 that are

1:23:36available for free for the month to uh

1:23:39from the state police. Same system just

1:23:41going to tie right in. They just will

1:23:43lend us some cameras. Uh I'm glad we're

1:23:45not putting this in committee cuz they

1:23:46need this now. I [snorts] don't think

1:23:49they're already up. If they are, we'll

1:23:52talk about that some other time. Uh but

1:23:54it would be great to review this the the

1:23:56our surveillance policy given that there

1:23:58are a hundred of these up. They're

1:24:00everywhere. This is just adding to it uh

1:24:03for a couple of weeks. So, the cameras

1:24:07that are up are already still the

1:24:08cameras that are already up right now

1:24:09are going to be out through the midterm

1:24:11elections. They're all held locally.

1:24:14While [snorts] it does feel like there

1:24:16are a lot of threats from outside maybe

1:24:19um

1:24:21we're already in this situation, so I

1:24:23think adding a little bit more on top

1:24:25may not be as dire uh as it seems. We've

1:24:29given up certain amounts of privacy

1:24:32simply by walking down Essex and every

1:24:34single person has their phone out. Uh

1:24:37you don't know where that's going. You

1:24:38don't know if they're recording you. Uh

1:24:40so there is a lot that's already out

1:24:42there that we do need to discuss, but I

1:24:44think tonight this is a very reasonable

1:24:45request. Again, mostly in word two. I

1:24:48want them. So thank you.

1:24:49>> Thank you. Any further discussion?

1:24:52Councelor Flynn.

1:24:54>> Thank you. Uh President Merkel. I just

1:24:56like to go on record. I want to thank

1:24:58the Mass State Police um for loaning

1:25:00these cameras to us and uh Chief Miller

1:25:03um for taking a stance to make sure that

1:25:05we're all safe during this holiday

1:25:07season with the advanced crowds uh seem

1:25:09to be growing this year. So I I want to

1:25:11thank Chief Miller and I want to thank

1:25:13the Mass State Police for loaning this

1:25:14equipment. Thank you.

1:25:16>> Thank you. Any further discussion?

1:25:18Councelor Prosnooki. I think I would be

1:25:20remiss if the public didn't hear from me

1:25:22seeing that my career was spent in law

1:25:24enforcement and I spent every

1:25:26[clears throat] October downtown until I

1:25:28retired from the police department. Um

1:25:30it's as simple as this. The cameras are

1:25:32up there to be our eyes on what's going

1:25:35on during this October. See, we can't

1:25:38have police officers on every corner and

1:25:40that's what the public wants. They want

1:25:41more more more eyes on eyes and ears out

1:25:44on the street. And that's all this does

1:25:45is this just just for public safety. And

1:25:48we have to put our trust in someplace

1:25:51that people are protecting us out there.

1:25:53And um

1:25:56I for one may be biased, but I I trust

1:25:58our police department and our police

1:26:00chief that they have every every good

1:26:02intention on uh keeping us safe. Thank

1:26:04you.

1:26:05>> Thank you. Any further discussion?

1:26:09Seeing none, on councelor Terrosky's

1:26:12motion for adoption that the Salem

1:26:14Police Department be allowed to install

1:26:16temporary cameras in hightra areas. All

1:26:19those in favor? All those opposed? The

1:26:22matter carries.

1:26:25Petitions.

1:26:29We have a request from National Grid to

1:26:31install one singlyowned pole on Bridge

1:26:34Street at the intersection intersection

1:26:37of Bridge and Flint. Hearing ordered on

1:26:41October 22nd, 2026.

1:26:44Further petitions. We have a petition

1:26:46from the residents of Chestnut Street to

1:26:48hold a block party from Summer Street to

1:26:50Flint Street on October 31st from 4:30

1:26:53to 8:00 p.m. Councelor Smith.

1:26:56>> Thank you, President Merkel. I move that

1:26:58this be granted.

1:26:59>> Councelor Smith moves that this be

1:27:01granted. Under discussion, Councelor

1:27:02Smith,

1:27:04>> this is the best. People come from all

1:27:06over the world. It's an international

1:27:08event. They come to Chestnut Street.

1:27:09They shut it down. Uh, everybody's out

1:27:11there. They have candy. They have

1:27:13decorations. It's actually really fun.

1:27:14It's obviously a very wide street. A lot

1:27:16of room to move. A lot of people go

1:27:17there. I hate it every year with my

1:27:19kids. Can't wait to go in. What is it? A

1:27:22three-wheel? I don't know. Can't come

1:27:23[clears throat and snorts] soon enough.

1:27:24Uh, [laughter]

1:27:26obviously no rain. I love that. Uh, it's

1:27:28going to be Halloween. So, um, yeah,

1:27:31stop by because the these folks do a

1:27:33great job. Thanks.

1:27:34>> Thank you. Any further discussion?

1:27:37Seeing none, on Councelor Smith, a

1:27:40motion that the Chestnut Street Block

1:27:42Party on October 31st be granted. All

1:27:45those in favor? All those opposed? The

1:27:47matter carries.

1:27:50Further petitions. We have a request

1:27:52from the Boys and Girls Club of Greater

1:27:53Salem to hold the Wild Turkey 5 mile run

1:27:55on November 26th, 2026 from 8:00 a.m. to

1:27:5910 a.m. Councilor Troski.

1:28:01>> Thank you, President Merkel. I move that

1:28:03this be granted. Councilor Trosky moves

1:28:05that this be granted. Under discussion,

1:28:07Council Trroski. Thank you, President

1:28:09Merkel. Um this is the annual five

1:28:11mileer on Thanksgiving Day. Um the wild

1:28:14turkey run. um starting at the PEM going

1:28:16around the hydration stations at the

1:28:18Willows and then coming back downtown

1:28:20for a 5mile loop. Um really fun, really

1:28:23big event every every year. I think last

1:28:25year we drew like 2,000 runners for it.

1:28:27It's one of the biggest races on the

1:28:29Northshore. So um and in um the

1:28:32organizers do a great job with this.

1:28:34It's it's a great event. Um [snorts]

1:28:36and it is the 23rd annual um all

1:28:39benefits uh all proceeds benefit the

1:28:41Boys and Girls Club 100%. So very

1:28:42supportive of this. Thank you. Any

1:28:45further discussion?

1:28:47Seeing none, on Council Trrosky's motion

1:28:50that the Boys and Girls Club Wild Turkey

1:28:52run on November 26 be granted. All those

1:28:55in favor? All those opposed? The matter

1:28:58carries. Further petitions. We have one

1:29:01public guide. Councelor Hapworth.

1:29:04>> Thank you, President Merkel. I move

1:29:05these be granted or this be granted.

1:29:07>> Councelor Hapworth moves that this be

1:29:09granted. Under discussion,

1:29:10>> no discussion

1:29:12>> on Council Hworth's motion. uh that this

1:29:14one uh public guide license be granted.

1:29:17All those in favor? All those opposed?

1:29:20The matter carries. Further petitions.

1:29:22We have two claims.

1:29:24>> Councelor Hworth.

1:29:25>> Thank you, President Mkeley. I move to

1:29:26refer to the committee on ordinances,

1:29:27licenses, and legal affairs.

1:29:29>> Councelor Councelor Hapworth moves that

1:29:32this be referred to the committee on

1:29:34ordinance, license, and legal affairs.

1:29:36Under discussion.

1:29:37>> No discussion

1:29:38>> on councelor Her's motion to refer these

1:29:40claims to the committee on ordinance,

1:29:42license and legal affairs. All those in

1:29:44favor? All those opposed? The matter

1:29:46carries. Further petitions. We have a

1:29:49constable bond.

1:29:53Councelor Hapworth.

1:29:54>> Thank you, President Mur. I move to

1:29:55refer to the committee on ordinances,

1:29:56licenses, and legal affairs and return

1:29:57approved.

1:29:59>> Council Hworth moves that this be

1:30:01referred to the committee on ordinance,

1:30:02license, and legal affairs and returned

1:30:04approved. Under discussion.

1:30:06>> No discussion

1:30:06>> on councelor Hwood's motion to refer

1:30:08this bond to the committee on ordinance

1:30:10license and legal affairs and return

1:30:12approved. All those in favor? All

1:30:14opposed? Matter carries. Unfinished

1:30:18business. We have

1:30:23we have laid on the table from the last

1:30:24meeting at September 2024th

1:30:27um an order for a traffic ordinance.

1:30:33>> Councelor King. Thank you, President

1:30:35Merkel. I move that this be adopted.

1:30:37>> Councelor Kang moves for adoption. Under

1:30:39discussion, Councelor King.

1:30:40>> Thank you, President Merkel. Um, I got a

1:30:42chance to talk to businesses most

1:30:44impacted by this one-way uh temporary

1:30:46street change and they are cool with it

1:30:49and going to accommodate it so we can

1:30:51try it out for this year so that we can

1:30:52have the ride share zones. So, that's

1:30:55it.

1:30:56>> Any further discussion?

1:30:59Seeing none on councelor King's motion

1:31:01to adopt a traffic ordinance relative to

1:31:03Dodge Street for October. All those in

1:31:06favor? All those opposed? Matter

1:31:08carries.

1:31:13Further unfinished business.

1:31:17[clears throat]

1:31:19We have a zoning amendment for section

1:31:205.1.8

1:31:22for the table of required parking

1:31:24spaces. Um section 6.11.8 8 for parking

1:31:29and loading and sections 8.7.8.4

1:31:33for development standards for parking

1:31:36standards.

1:31:37Second passage.

1:31:39>> Councelor Councelor Hapworth.

1:31:41>> Thank you, President Merkel. I move for

1:31:42adoption for second and final passage.

1:31:50>> By roll call vote.

1:31:52>> Thank you. Councelor Haporth moves for

1:31:54adoption for second passage by roll call

1:31:56vote. Under discussion, councelor

1:31:58Hapworth.

1:31:59>> No discussion.

1:32:00>> Any further discussion?

1:32:02Seeing none on councelor Hapworth's

1:32:05motion for adoption for second passage

1:32:07by roll call vote. Madame city clerk,

1:32:10please call the role.

1:32:11>> Councelor Davis,

1:32:12>> yes.

1:32:13>> Council Flynn,

1:32:14>> no.

1:32:16>> Council Hapworth,

1:32:17>> yes.

1:32:17>> Council Halapa,

1:32:18>> yes.

1:32:19>> Council King,

1:32:20>> yes.

1:32:20>> Council Presnooki,

1:32:22>> yes.

1:32:22>> Councelor Smith,

1:32:24>> yes.

1:32:24>> Council Sadorak,

1:32:25>> yes. Council Terroski.

1:32:27>> Yes.

1:32:27>> Council Merkel.

1:32:28>> Yes.

1:32:41We have 10 members voting. We have nine

1:32:43in the affirmative, one in the negative.

1:32:45The matter carries.

1:32:50>> Councelor Hapworth. It's not even 10:00

1:32:53yet, but I move for adjournment.

1:32:56[laughter]

1:32:57>> Councelor Hapworth's motions to adjurnn.

1:32:59All those in favor? All those opposed.

1:33:02We are adjourned. Thank you everyone.