Name: Town Council - 9/28/2026
Uploaded: 2026-09-28T00:00:00Z
Duration: 1 h 37 min 1 s
Description: Um budget calendar. On Thursday we're going to start the town Council budget review. Uh, the Finance Committee wrapped up on Monday reviewing the Town manager's budget.

[0:00] Good evening and welcome to the Town Council meeting for September 28th. My name is Bob Bryant, and we're sitting here in the now open and operating police department, the new building here in town, to have our first meeting here to have the public invited and so on. So if everybody would just rise. I don't see why there's no flags.

[0:27] Anybody got red, white and blue on? There we go. Right there. Everybody please rise. Anyway.

[0:36] I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible, with liberty and justice for all. I thank you. I'm going to take a minute and go around the room and just introduce the players who are here from my far right, Miss Bonnie Wright. Hello, Salem. To her left, Kathy Stacey, good evening. To my immediate right, the board secretary, Lisa Withrow.

[1:08] Good evening.

[1:09] To my immediate left, Mr. Joe Sweeney. He's the vice chair. Good evening. To his left we have Jeff Hatch. Hello, Salem. To his left, Paul Pelletier. Good evening. Salem. Going further down the road, Keith. Good evening. And then David Betancourt sitting down there in the corner. Good evening. And then we have our town manager, Mr. Devine. And we have several members of the fire department. The police chief is here. The finance director for the town is here. The gentleman who runs the water out of Kennedy Lake is here. Everybody's here. So. Good evening.

[1:48] And the assistant town manager is hiding. Yeah, she. She supposedly. Did you notice everybody's on this side and not crazy. Anyway, they went into a new building and they just couldn't pick the right side. We're going to go with meeting minutes. Miss Withrow.

[2:03] I move the meeting minutes from September 14th, 2026. Second.

[2:06] Motion has been made and seconded to move the minutes.

[2:13] All those in favor? S1:

[2:29] Mr. chairman, this time I move. We adopt the September 28th, 2026 consent agenda. Second and further, to acknowledge acceptance of the following donation with gratitude to the Community Services Department. Friends of Salem Recreation $2,156.

[2:47] 20 S4:

[2:51] Second.

[2:52] Motion been made and seconded. Discussion. None. All those in favor? We got 9 to 0. Second page additions are requested for the public.

[3:06] Was there anybody on the sheet? S1:

[3:13] Good evening.

[3:14] Good evening.

[3:15] He was a private citizen and resident. Yes. So further down the agenda is the amendment for the multifamily housing. I'm against this amendment because I think it's going to tax our infrastructure, our water, the water that we've been in a drought and in mandatory water restrictions all summer long. I also feel it's going to create so much more traffic, which when we did that survey, everybody came across saying taxes, taxes and traffic are our big things we're really worried about. Take down the traffic, take down the taxes. This is going to make both of those things worse because if we have multifamily housing, we're going to have more needs for public safety. And and that's going to cost us more money. And I know it's housing, but we are the housing champion of New Hampshire. Can someone else become a champion of housing in New Hampshire. We don't have to be the only one to carry that torch. We've already making amends for people. We've got our a DAADU accommodations. I don't think we need multifamily housing, and I definitely don't think we need them right in the heart of Salem, up and down 28 from Kelly robe, robe to aroma. So yeah, that's, that's how I feel. I hope you vote against it.

[4:41] Okay. Thank you, Susan. I appreciate it. Okay, next up, Mister Manager Joe. Can you take us through the fire department first on the agenda for the swearing in of a new firefighter and introduction of the fire administration coordinator identified Fire Chief Lanier to come up and kick us off.

[5:00] Good evening, Mr. Chair members. Thanks for. Thank you for having me tonight. My name is Greg. I'm honored to serve as Salem's Fire Chief. Um, I'm actually going to start with our fire administration coordinator today. Skyler Moore, if you can, please stand up.

[5:17] So I'm pleased to introduce Skyler Moore, our new fire administration coordinator. She'll have the badge 284. She. Skyler lives in Pelham, New Hampshire, and brings experience in administration, communications, and public service. She served eight years as a mass communications specialist in the U.S. Navy, supporting senior command staff, and continues to serve in the Navy Reserves. For the past two years, she has supported division leadership at MIT Lincoln Laboratory, handling work that includes payroll scheduling, purchasing and confidential records. Please join me in welcoming Skyler to our department.

[6:07] Congratulations and welcome.

[6:09] Welcome.

[6:17] Welcome.

[6:19] Welcome to the clan. Congratulations. Congratulations.

[6:27] Okay, great.

[6:30] You can.

[6:42] Stay here. Don't worry about it.

[6:50] Thank you.

[6:55] Sorry.

[6:57] I apologize.

[7:00] Okay.

[7:02] Next, I'm going to introduce Nikola.

[7:08] And his wife Caitlin will be pinning him.

[7:14] And the baby is here.

[7:16] We can tell. You couldn't tell.

[7:18] Nico joined us September 14th as a firefighter on probation badge 283. Nico is a Salem resident and a Salem High School alumni. He is certified firefighter one and two and an EMT basic. He previously served as a firefighter in Chester and entered in entering the fire service. Worked as a registered nurse at Haverhill Pavilion Behavioral Health Hospital. His experience caring for people will serve him well in his new role. Nico is beginning his assignment in our training division before joining our operations battalion.

[7:57] Nico, swear you in now? Okay. Please raise your right hand and repeat after me. I state your name.

[8:03] I, Nicola Adeola.

[8:05] Do solemnly and sincerely.

[8:07] Do solemnly and sincerely.

[8:09] Swear and affirm.

[8:10] Swear and affirm.

[8:12] That I will faithfully and impartially.

[8:14] That I will faithfully and impartially.

[8:16] Discharge and perform.

[8:18] Discharge and perform.

[8:19] All the duties incumbent upon me.

[8:22] All the duties incumbent upon me.

[8:23] As a firefighter.

[8:24] As a firefighter.

[8:26] According to the best of my abilities.

[8:27] According to the best of my abilities.

[8:29] Agreeably to the.

[8:31] Rules, agreeably to the rules.

[8:33] Regulations and orders.

[8:34] Regulations and orders.

[8:36] Of the Salem Fire Department.

[8:37] Salem Fire Department.

[8:38] Into the ordinances and laws.

[8:40] And city ordinances and laws.

[8:41] Of the town of Salem.

[8:43] Town of Salem.

[8:43] In the state of New Hampshire.

[8:45] In the state of New Hampshire.

[8:46] So help me God.

[8:48] Congratulations.

[9:07] No blood.

[9:10] It's the only chance you get.

[9:14] It's hard to do with a new shirt. Got it. I'll take a quick photo.

[9:20] Yeah, sure.

[9:20] Sure. Absolutely. Shake his hand. Thanks for having us tonight. Appreciate it. Thank you.

[9:26] You're welcome. Congratulations. Congratulations. Thank you.

[9:30] Thank you. Thank you. Sir. Niko.

[9:37] Did you guys graduate together? Yeah.

[9:39] Congratulations.

[9:41] Congratulations. You mentioned that Michael Gordon was. Yeah. Yeah, yeah. Don't worry about the table. The table. I'll kick it over.

[9:59] Go, go!

[10:02] All right. Thanks again.

[10:13] Okay.

[10:13] It's truly as exciting as it is to sit here with us. I'm sure we're going to give you a minute to clear.

[10:17] Thank you.

[10:18] Very much.

[10:19] Thank you.

[10:21] Thank you.

[10:22] Thank you.

[10:22] Thank you. Take care.

[10:25] Say hi to your sister.

[10:35] So, did you graduate?

[10:42] Oh. That's nice. That's nice.

[10:52] Okay.

[10:56] So as much as we don't like a dead zone in the old TV program. I think we're back in business. Mr. Devine. We're going to move on to number seven, the second reading and adoption of a resolution, please.

[11:09] This will be for resolution 2026-14, which is the Community Development Program. A department is proposing an amendment to the Commercial Tax Credit program. You have a staff report from Assistant Planner Karen Brubaker, along with the proposed amendments to the program. Um, Assistant Town Manager Colleen Mayo is here to answer any questions. Uh, there is some updates from the first meeting, uh, reflecting the changes that the council is looking for.

[11:34] Okay.

[11:40] That's all.

[11:43] Good.

[11:44] Okay.

[11:45] All right.

[11:46] You're up.

[11:47] Mr. chairman, Council.

[11:49] Is very brief.

[11:51] As you recall. Creighton was here at your last meeting to speak to you about this. But the, um, the commercial tax incentive program is something that was originally passed by the board back in 2024. What we have proposed here are some amendments to the program to um to refine what types of properties are eligible for the exemption. Initially, this program was adopted in order to encourage commercial development and redevelopment. What we're looking here to do is to refine that so that we're really encouraging redevelopment of properties that are already in commercial use. Um, it's a way to help encourage redevelopment, to eliminate blighted properties and really see better use and added value to the commercial side of our program. So the way that this program works for people that may not be familiar, um, for properties that do qualify or qualifying structures and qualifying areas, um, when you redevelop those properties, you are eligible for an exemption of 50% of the increased assessment in year one that goes down to 40%, then 30% and 20% in subsequent years. So this is really for if as a property, if it's valued at $1 million today, when they redevelop and improve that property, it creates more value. That additional value is what they're getting an exemption based on. That's a short exemption for the first few years of the property. Then after that, that's added value on the commercial side that's been added to the tax base, which the goal of this is to see that commercial redevelopment, which then helps to take some of that tax burden off the residential side. And we're seeing increases in commercial development. One of the questions that came up at the last meeting was just regarding the qualifying structure. We did work on some language to make clear that a qualifying structure is one that has been previously approved for occupancy for commercial or industrial use within two years of the application date. By including just a little bit of that extra language, make sure that this is not something that someone can, you know, Put a small shed on a property or do something to try to skirt the rules. It really needs to be a structure that was utilized for a commercial industrial use and is now being redeveloped or revitalized. So I'm happy to answer any questions the council may have.

[14:12] Mr. hatch.

[14:13] If you don't mind, Mr. Chair, I have a couple of them. Go ahead. The first one is, is could you take us kind of like through the timeline or first tell us how do the property owners or the developers find out about this program? How are we making them aware of it?

[14:29] It's available on the town's website. We have information. If folks come in to speak to us in town hall, if they are redeveloping their property, we can explain what the process.

[14:40] Because the reason why I ask is I'm looking at the.

[14:45] One of the graphics that you sent and it says you may not obtain a building permit or construction prior to the Town Council rendering the decision on the application. So if I'm a property owner and I'm unaware of this and I want to renovate my building now, I'm going to have to wait if I want to take advantage of this. We're talking CBA time. We're talking. So they can get on our agenda. So it doesn't sound like it's going to be that easy for a property owner to take advantage of this. If they have to wait 90 days to 120 days to go through all the approvals.

[15:25] So typically, if it's a commercial property, they may need a site plan approval. They may be going through a planning board process. This approval can happen concurrent with those land use approval processes. So if someone comes in and is eligible for the program, we can talk to them about it. They can request. So there is kind of that delicate timing because they need to receive Planning Board approval prior to pulling a building permit. And that's really because before they start putting shovels in the ground, They need to come in and get approval from this council, demonstrating that they've met the criteria of the program and showing that they're really adding value to the Salem community. And then they're eligible for the exemption.

[16:07] And I know currently, if I may, Mr. Chair, if you don't mind.

[16:11] Yeah. Go ahead.

[16:12] I know currently or previously, uh, Mr. Lafontaine, when somebody would come in about a particular property that may qualify for this, he actually stapled or provided them a read ahead.

[16:28] We still going to do that when they come in? S5:

[17:00] Okay. And last, um, there's been some significant changes to this since the committee has taken a look at it and it came to us, we made a bunch of changes to it.

[17:18] Do we need to send this back to the committee for them to take another look at it for more input? S5:

[17:52] That's all I have, Mr. Chairman.

[17:55] Um, I heard from someone who was on the BBC, and Geoff, in answer to your question, the EDC is planning several different, um, training sessions to be open to the public, working perhaps with the chamber or some other group to talk about things. And this, um, plan is one of the things that is being discussed, but one of the um members of the committee said page two says that if the property goes to the ZBA for variance, they are disqualified. So if a use isn't expressly permitted in the zoning table, but otherwise is a good fit for the neighborhood and they are eliminating blight, creating jobs, adding to the tax base, etc. it doesn't matter because they had to get a variance. That doesn't seem right. That's a pretty substantial change to what the EDC passed to the town Council.

[18:51] So if the use is not permitted, if you're an industrial zone and and your use is not permitted, the language of this was to make sure that only permitted uses are going to be eligible for for that exemption. Um, if a brewery is not a permitted use, then it would not be able to receive the exemption. And I think that's just we do regularly in this council controls what the allowed uses are under zoning. We can have zoning amendments. I think that right now our zoning ordinance pretty well manages what our permitted uses in a zone and what are not. If there are things that come up that we think should be allowed uses, that's something that this council has control over. But I think that by its nature, if it's not permitted in the zone, it's because there is a reason or something that that precludes that from being an appropriate use in the zone, I would want to open up and allow commercial tax exemptions for a use that the zoning ordinance hasn't anticipated as being an appropriate use for the zone.

[20:01] Mr. Betancourt? Thank you, Mr. Chairman. Just a couple of comments. Based on the discussion thus far, Jeff, I had asked a similar question to yours at the last meeting in terms of how we promote the tax credit. I think you got a good explanation, but one of the things that was mentioned at the previous meeting that I think is important is that the state also promotes the tax credit when they're out recruiting businesses to come into Salem or into New Hampshire. And they've had some some pretty good luck of it as of as of late. So they they do help out as well. Um, in terms of, um, you know, the eligibility, I mean, this in all sincerity, if Enoch wants to make some recommendations about what should be eligible and changing the eligibility of it, I would encourage them to do so if they want to have some some deliberations over that and come back with some recommendations as to how we could further, um, change or critique the eligibility to make it more attractive and work better. Absolutely. I'd be I'd be encouraging of that, of that discussion. Last question though is so these are changes based on this tax credit has been around for a couple of years is my understanding. It's not terribly used. It's what I recall from the last meeting. And so we're making some changes to try to make it more attractive. And my comment is question rather is going forward, think about what the appropriate period of time to go by is for us to then be able to assess how it's going, if it's working, if the changes that we've made are having the intended effect of making it something that's attractive to a new businesses that are looking to come to Salem and think about when the appropriate time for us to have that check in might be.

[21:53] Anybody else?

[21:58] Mr. Sweeney.

[21:59] At this time, I move that the Town Council hereby adopt resolution number 2020 614 relating to amendments to the Commercial Tax Credit Program criteria as recommended by the Economic Development Committee. This resolution shall take effect upon its passage as follows. Whereas, at the June 3rd, 2024 meeting, the Salem Town Council created the Salem Commercial and Industrial Property Tax Exemption Program. The program, under resolution 2020 409 pursuant to RSA 7280-83. And Whereas, the Town Council amended the program on November 18th, 2024 to update the defined uses, amend the tax relief period and increase the number of public benefits needed for eligibility. And Whereas, the town seeks to further refine the program to ensure clarity 30. In the application process, focus the program toward redevelopment and further refine the balance of public benefits given in exchange for property tax relief. And whereas, the Economic Development Committee reviewed and unanimously recommended the proposed changes at their August 18th, 2026, meeting. Now, therefore, be it resolved by the Salem Town Council that the Salem Town Council hereby approves the proposed updates as identified in the Red Line Program document, updated application and outlined in the staff memo and further amends the Salem Commercial and Industrial Property Tax Exemption Program with the changes related thereto.

[23:19] Second.

[23:20] Motion made. Seconded by Miss Withrow.

[23:26] All those in favor? S9:

[23:32] Next up. Mr. Devine.

[23:36] Next is going to be a public Hearing and Resolution 2026-16, which is a request to merge lots of five Ferry Street, September 14th meeting. The Council will consider the request by NCC Real Estate Development.

[23:50] Attorney Campbell is here to answer any further questions that the Council may have on this matter.

[23:56] So that means. Been open to the public. Mr. Campbell, if you would, please, if you have something.

[24:01] Um. Certainly, Mr. Chairman.

[24:10] Good evening for the record. Attorney Bernard Campbell, from the office of Belmont and Campbell here in Salem. Um, I was I was present before you two weeks ago. Just to give you a summary of what we're doing in this case. I don't know that I need to go through that again. I just want to remind everyone that we're operating under RSA. 67439 AA, which is the restoration of involuntarily merge lots. Um, and by section two of that statute, lots that were involuntarily merged by a municipality. At the request of the owner shall be restored to their pre-merger status and all zoning map shall be updated to identify. Provided that no owner in the chain of title voluntarily merged her lots, either by requesting a merger or by conduct. Um, that's defined in voluntary merger in section one, small C um, these lots in question. Uh, the pieces that we propose to merge, um, are essentially undeveloped. Um, and there's been no record of any voluntary merger. And as I pointed out to the council during the last time I was here, um, although these appeared, this appeared as a single lot as early as the 1960s, they were still being conveyed as separate lots into the mid 1980s. And so the property owners at that time certainly weren't thinking that they had merged these lots in any way. And finally, just say that the the municipality has the burden to prove proof, to show that prior owners voluntarily merged his or her lots. And I haven't received any indication from the staff that they believe they have such proof. So I believe we're entitled to the relief.

[26:00] Thank you, Mr. Campbell. Questions. Anybody? Motion. Mr..

[26:05] Mr. chairman, at this time, I move that the Town Council hereby adopt resolution number 2020 616 relating to a request to Unmerge lots at five Prairie Street. This resolution shall take effect upon its passage as follows. Whereas, RSA 67439 AA authorizes the Town Council to grant request to unmerge lots. And Whereas, the Town Council received a request from attorney Bernard Campbell representing NTC Real Estate Development LLC, to unmerge lots at five Prairie Street, map 15 lot four, eight, four, eight. And whereas town staff reviewed the information submitted relating to the request to Unmerge lots at five Prairie Street and further, it is recommendation of the staff that the information provided supports the request to unmerge the lots at five Berry Street and accordingly recommend the application be granted. Now therefore, be it resolved by the Town Council that the Town Council hereby grants the request of NTC Real Estate Development, LLC to Unmerge lots at five Prairie Street, map 15, lot 4848, in accordance with RSA 67439.

[27:11] A second discussion.

[27:13] Motion has been made and seconded for discussion. I see hands in the audience and what I'd like to make you aware of, because you probably haven't ever been here before. And you got a twofer tonight. You got to see the brand new police station and join your first meeting. There's a sheet on the on the podium here prior to. Yeah, it was it was on the podium prior to the meeting. I was here at six and it was here at six. Um, so if there's people that want to talk about this particular issue, um.

[27:48] I guess it's a public hearing.

[27:52] Public public hearing. So they can, so if you want to come up, give us your name and address and you want to talk about it before I pull the vote, then do so. And we and we try not to, uh, hamper you in any way. So just state your name and your address and go for it.

[28:10] My name is Steve Donahue. Uh, Steve five Shore Drive, which is across the street. Um, and we have a piece of that lot that has our leach field, and I'm not sure how that affects that leach field.

[28:33] So what is the, I guess my question is, what is this new lot going to look like? S1:

[28:34] Mr. Campbell, if you could please.

[28:36] So this is the plan that the Council has. You are over here. This is your sewer line. It goes. It's. I'm looking at the plan dated July 10th, 2026. This is your septic line. It goes down to this lot. This lot is not being. We're unearthing this one. And these two here. So what's going to be left is L and J, which is where your line is and where your central system is. Those lots are staying where they are. Yeah. There's a pond of some sort of surface water.

[29:14] This is.

[29:15] Definitely.

[29:16] On two. And this one F, G and k. J and L will stay together. Okay.

[29:24] Good.

[29:25] Okay. Yes.

[29:25] Answer the question.

[29:26] Is that also because when we put the leach field here, how come no one approached us about this. I am just questioning. Anyways.

[29:35] Paula Donahue.

[29:36] Paula, you're making all these plans without even approaching the neighbors. But anyways, um, because we have our leach field here, there's a property of land, um, that was agreed upon, um, for the person who lived across the street at ten Prairie to have access to the lake water.

[30:00] But you mean 1010 Shore Drive. Okay.

[30:03] And so how is that going to affect that land property that was put in agreement for the leach field?

[30:09] Well, I'm not exactly. I've seen the agreement for the leach field. Um these two lots FGK would not necessarily have any of that because the owner at that time was this lot, which is the ten shore drive. That property, I believe does have the benefit of a right of way over here? Yes. So that would be this property. But it doesn't extend to these three.

[30:35] Okay. So that would still stay with just just that one property. Yes. Okay.

[30:43] Is that going to be put in writing somewhere? Because we've had people from these other properties trying to use that land.

[30:51] Right now it's going to be I don't know where those other people are. They're over here or on the other side of Perry Street. You're going to have to deal with them and tell them they don't have any rights there, because the easement agreement that created the septic system was with this gentleman who owns the central drive. Matt 15, lot 4849. Now, the current owner does own that. So right now he owns everything. I mean, he's sitting in the back. So he's going to hear what you have to say. And, and but this is the only property that has that associated right to the water.

[31:26] So then these lots would.

[31:27] Not, these lots would not.

[31:29] It would have been nice to have been approached ahead of this time to have a conversation. I'm sorry we had to bring this up tonight. Thank you. You're welcome.

[31:40] Ma'am. Gentleman with.

[31:42] The hat. Did you want to come up or somebody else wanted to come up?

[31:44] Yeah, it's just.

[31:45] My name is Oscar. I'm calling from Short drive. South Shore Drive, which is next to five. Okay. And, uh, some of the concerns are to the safety in the area because that lane that goes into the water that goes into between both properties, since there's nobody in, uh, like claims or we don't know who belongs to this, this property. Uh, we seen in the summer many people that was using that dock, uh, in that area to get access to the water. Wow. And we thought that that was from the owners, but we don't know the owners.

[32:24] Right.

[32:25] Nobody. Yeah. We don't we don't know anybody and we don't know what exactly is happening around.

[32:31] Okay.

[32:31] I guess this is part of the conversation.

[32:37] All right.

[32:40] Anybody else?

[32:43] Gentlemen.

[32:48] Good evening.

[32:50] My name is nine Shore Drive.

[32:52] What's your name again?

[32:53] Michael Kerins. Okay, ERINS.

[32:57] I guess we would have liked to have seen the plan that they proposed. Uh, this attorney came up here and said two weeks ago he was before you and proposed a plan. Mhm. We didn't get it. We didn't get anything of that. And what we did get is a drawing of the all merged lots. We've never seen a map of what the.

[33:21] Lots look like separated.

[33:22] Going backwards. So I think that's something that should have happened before there was a meeting to approve it going backwards, I don't. I mean, basically he stood up there and said, it's going back to the way it was, but nobody's ever shown us what it was.

[33:41] Lisa?

[33:43] Um, Mr..

[33:44] Campbell, could you correct me if I'm wrong? But is this all this is happening within the boundary lines of one lot, one unwillingly merged lot. So it's all one owner's property and they're not doing anything outside of their own property.

[33:58] Is that correct? S1:

[34:21] All right.

[34:23] We can hear.

[34:23] That.

[34:24] Supposed to be up there.

[34:25] Okay.

[34:25] Well.

[34:26] Before tonight.

[34:27] Yeah. Excuse me if I might. Okay. Just so you know, as long as he's doing something with inside his borders of his property, he doesn't have to notify you of anything. All they're doing is he's not even changing the ground layout. He's just merging the lots. Nothing's going to happen until he comes before a board and says, I want to put a house on it, or I want to put a garage on it, or I may never do anything with it. So all of this is legitimately before the board. That's why we did it two weeks ago, and that's why we're doing it again tonight. Because inside his boundaries, he can do pretty much what he wants as long as they weren't merged by him originally. So we're just taking them apart because the town put them together, that's all. There's nothing dramatic going on. Nobody's trying to.

[35:21] No one's saying it's dramatic, but I do think, as I said previously, you should show where it's going before it gets approved by the board. You're talking as if it's his property, and I get that. But you're going to approve the subdivision that nobody's ever shown any of us.

[35:42] It's not a subdivision.

[35:44] Not a subdivision.

[35:45] He's erasing a line. That's all he's doing. He just wants.

[35:48] To own anything. He's got to go before zoning or planning.

[35:50] Yeah. So he's just going to have to go before the zoning board or the variance board or something, and then they'll notify you of a building or whatever else, you know, fence, whatever. But right now he just wants to be able to unmerge them, that's all.

[36:15] So to go back to this used.

[36:18] To be separate and this one will be separate. These two will remain together, particularly because of that septic line and the easement that was granted to these folks. So the registered letter that came to us doesn't show anything.

[36:32] It shows.

[36:32] What looks to be two.

[36:33] Lots, right? It shows.

[36:35] This and.

[36:36] This. I didn't send out the registered.

[36:39] Sent out the registered.

[36:40] Letter. The town sends out letters to town, letting them know that the request to Unmerge the lots is coming before the council.

[36:48] I just want to show you what we received. Okay.

[36:50] It looks like they're taking this one big lot and merging it to two this and that, and that's not what we show.

[37:00] So I guess I assume the town probably had posted some of the materials for tonight's. We did. Yes. Yes we did.

[37:09] On the.

[37:09] Website.

[37:09] It's on our.

[37:10] Website. Would have been visible if you'd gone to the website, I guess.

[37:14] Other comments you said was it's undeveloped property. There's a homicide. Well, that's not that's not undeveloped property. That's that's developed property.

[37:23] There's no hot tea or here or here. The house is here.

[37:26] Does the septic system count as developed?

[37:28] Well, and that's not here.

[37:29] Yeah. So each piece of property right now is developed. So your statement of it's undeveloped property is incorrect.

[37:37] Well G, F and k are undeveloped. There's nothing on them and they haven't been used for any purpose. Yeah.

[37:45] If there's a drive.

[37:46] Going.

[37:46] Through both of these and you got septic system, you got a drive going through all these lots and you have a.

[37:52] House.

[37:54] That's developed.

[37:56] Okay.

[37:57] I think I think you need to go back to property and look at what the property actually is.

[38:02] I think that's out there once. Okay. Okay. Thank you.

[38:07] Also, stuff might have been available online, but on the letter that we received in the mail, it said, if you have any questions, call this number, which we did. And they pretty much said, you have to come to the meeting to get any information. So they didn't say to us, you can get information by going online to do more research.

[38:27] Okay.

[38:27] So we didn't even know that was an option.

[38:32] Mr. Kim, for clarification, as far as you know, the the lots that you're on merging are undeveloped. There's no there's no structures on them, structures, no underground stuff, nothing. No, nobody built a bomb shelter or anything.

[38:50] And if the septic system. So that would be developed.

[38:54] No septic.

[38:55] System is not on those three lots.

[38:57] Staying.

[38:58] As is. Yes it is.

[38:59] It's staying. That's staying with the one with the house.

[39:02] It's staying with the one lot. The house.

[39:04] Is on one lot and the septic system is.

[39:06] On. But they're staying as one.

[39:09] No they're not.

[39:10] No they're not. That's not what they're showing.

[39:12] All right. Explain it. Okay. The the lot with the septic system serves ten shore drive and by an easement document serves the property of five Shore Drive. This survey, done by Meissner in July of this year, shows those two lines passing through parcel L with a septic system on parcel J. That lot J and L are not being Unmerged. Thank you. They are staying together. Right. The lots that are being asked to be basically unmerged are K, which is up here at the corner of Henry Taylor and Shore Drive. And then F and G, which are at the corner of Prairie and Shore Drive down here. So the septic system is not on any of the lots that we're asking to have. Unmerged.

[40:04] But it's on the law that currently has the house.

[40:07] It sure does.

[40:08] It is not the one that you're saying.

[40:10] Actually, I don't think the house is even on this for 8 or 8. I think it's on four, eight four, nine. But the septic system that serves ten shore drive is on four, 848.

[40:23] Right. The plumbing has to come from the house to the septic system.

[40:27] So they've never been those have never been. Those have always been septic separate. In other words, the owner at ten Shore Drive, um, built the septic system at a time when he owned parcel J. And he agreed to grant an easement to the other people across the street.

[40:51] That still doesn't follow your statement, that the lot that the house is on does not have any of the septic. Yes. That's not from an engineering standpoint. It's impossible.

[41:06] But that.

[41:09] Okay.

[41:11] I don't think I don't think we're going to resolve it in the next two minutes. But what I believe, Mr. Campbell said was that the three lots that are being unmerged have no house, no septic, no pipes, no anything. The other two have septic and a pipe that goes between them. And those were always the same. And we're not talking about those. We're talking about the other three lots. So I'm going to ask for a vote. All those in favor? Oh. Did you have something you wanted to say, Mr.

[41:46] Bettencourt? S8:

[42:33] The process is that if Mr. Campbell's client wants to unmerge his properties and we go back as long as there were maps and or tax records, and we find that they were never voluntarily by the owner put together, then the town had no right to tax them as if they were together. And therefore we're just merging them. That's it. That's all we can do. We can't do anything else. If he wants to build 42 homes there, then he has to go to variance and planning and all the other stuff. But we're only talking about taking the lots and merging them. What they do afterwards. You will be notified by the Variance Board or the Planning Board or whoever. If somebody's going to put something in your eyesight, if you can look out your window and see it, then you're probably going to get told that there'll be a house, a garage, a shed, whatever. So based on what Mr. Campbell's doing here, I don't think we have a problem. But Mr. Campbell looks like he wants to say something.

[43:44] Well, I just want to say, Mr. Chairman, I don't want you to overstate something. So, for example, um, five, if we went to the Zoning Board of Adjustment to get a variance to do parcel F at the end of Prairie Street and Shore Drive. Yeah. The owner at five Shore Drive probably is not going to get noticed because they're not, they're not an abutter to that property. They're not they're not in abutter. They're further away. So some of those folks might not get it. If we do partial F, um, some people across Ferry Street, some people across Shore Drive, but I don't know that five Shore Drive would get noticed because first of all, ten shore Drive is between it and Parcells. J and L will still be between it, so they won't be in a butter.

[44:32] So I can assure you they will know about it because we're going to be voting tonight about signage that's going to go out on any piece of property that's going for a variance or before the boards. It's going to say variance. It's going to give you information right on that signage. It has to be placed on that lot. So they will, I'm sure, be able to see.

[44:50] There has.

[44:50] Been constructive notice all along from publication. But obviously that doesn't always get.

[44:55] It.

[44:55] Doesn't always get.

[44:57] Heard. Everybody's computer savvy and can find it every time they want it. But I'll tell you one thing. If somebody tried to do that in my neighborhood up the street, I wasn't in a butter. and within five minutes of them receiving the letter, they were standing in my doorway. What can I do for you? They're going to make a mess out of the street. I said, okay, whatever. So we.

[45:23] Can I vote.

[45:24] Now?

[45:25] Let's do it again.

[45:29] All those in favor? S1:

[45:32] Thank you, ladies and gentlemen. Have a good night. Thank you. Congratulations. Police department.

[45:37] Yeah.

[45:37] I guess we gotta find a flag, though.

[45:39] Yeah.

[45:40] Yeah.

[45:41] We got one yet?

[45:42] Yeah. There you go.

[45:46] Okay.

[45:49] Mr. Devine, we're going to go to see public hearing. I'm going to open a public hearing on town wide fee schedule.

[45:58] So this will be resolution 2026-17, which is a public hearing in the finance department to consider the 2027 town Schedule your Las Vegas trip for Finance director was before you to propose some changes. There is one change that was reflective of the Council that has now been updated with an existing schedule.

[46:20] Miss McGee.

[46:22] Town council. My name is Nicole McGee. I'm the finance director here again. We were here a couple of weeks ago about the proposed fee schedule and the questions you may have. Um, as I said, we did update the mattress and box spring fees based off of the discussion that was had a couple weeks ago.

[46:42] Questions?

[46:44] Mr.

[46:48] hatch? S13:

[46:58] VIN number identifications. To me, I look at that as somebody coming into the town hall and wanting a document notarized.

[47:10] It's really, to me, there's nothing special going on. Maybe the chief can come up and explain, because I had it done. The guy officer came out. I waited longer in the waiting room than it took him to the ID, you know, to verify the VIN number and it cost me 15 bucks. So to me, it's the same as somebody getting notarized. And we do that for free at the town hall. So explain to me what that why we charge $15 for that.

[47:42] And maybe the chief will help you out since he's back there.

[47:45] Because we don't want him to go there.

[47:47] What are you talking about?

[47:49] Yeah. Something different on the screen. Yeah. So this is a fee that's currently in place, not one that's changed. I would imagine again, I don't know the answer to that. I wasn't prepared. I didn't know that.

[48:04] My guess is probably just a staff member's time.

[48:08] Make a motion.

[48:08] To make.

[48:09] It zero.

[48:12] Let me do it. Be brave.

[48:15] Where were you during the budget? What are we.

[48:17] Doing?

[48:17] We do it.

[48:17] Now.

[48:18] Okay. Okay. All right.

[48:20] This is. This is coming before us again. Just so you know.

[48:23] All right. There you go.

[48:27] Joel Dolan's my honor.

[48:28] To serve as.

[48:29] Chief.

[48:31] Uh, I don't have the answer off the top of my head. I don't know if it's. I don't think it's mandated by statute or if it's just something that a board many years ago put into the into the fee schedule because it was it's not really a law enforcement service. So so we are providing a service outside of our, our scope in the town. Just thought they should charge a fee for it because it is an administrative function performed by a town.

[48:55] So yes, I mean, yeah, I don't know. It's been around as long as I remember. I believe it went from 5 to 15 at one point, but it is. And I can do a little bit more research. And yeah, if you could or how many that we do. I mean, if it's something that we do a lot of. Yeah, then maybe, maybe that's the case. I don't know. I was just, I mean, it's not that I can get the exact number, but we do, we do the cost didn't throw me off. That's I mean, it's only $15. It's just that was to me. I equate it with getting something right. It's quick. It's easy. So why are we charging for it? If you could just.

[49:38] Like a second. Or do you have something else?

[49:41] Are we talking about water fees at this point?

[49:43] No. We're not.

[49:43] No.

[49:45] Miss Withrow.

[49:46] Mr. Town Manager, can you clarify if I wanted this information, could I go to the town hall and get it for nothing?

[49:52] It's a VIN verification. No.

[49:53] By statute, it requires a law enforcement officer to go out and verify the VIN and sign off This thing that they've looked at, the VIN on the vehicle, the trailer or whatever it is, and the VIN matches what's going to be on the bill of sale. I think you can also go to a station, you can go to a station, or a service station will charge you.

[50:10] They will charge you.

[50:11] So.

[50:14] That's that's valid to I don't know if the inspection watch, but I can get you that information. Well, why don't we just don't go to the police department? Well, DJ, thank you, Mr. Chairman. So Mr. Hatch's comment brings up two things. The first is we're going to get the full town wide fee schedule before us for approval later this winter. Right. So we'll be able to dive into all of that, but the conversation and then it will pertain to what's before us directly tonight. You know, it's my perennial point that, you know, the town wide fee schedule fees are intended to cover the costs of the services that are being rendered. And so again, I'll say when this matter comes before us, I guess in February, I'm going to be asking that question I think you're hearing already, but some others are going to have that question as well. If the fee is going up, the fee is going down, whatever. What is impacting that? What is the increase in the cost to cover that service? It's not a revenue maker. It's intended to cover the cost. So with regard to the transfer station issue, I understand that we've had significant challenges with getting the trash out of town and that the costs associated with that, wherever the heck it goes to China or wherever has gone up. So my question in this instance is, are these fees? So we're implementing a new one and we're increasing another. Is that going to get us closer, if not completely, to cover the costs of what we've got to get out of there. And you know Cathy's laughing because it's a rhetorical question reality because the answer is going to be no.

[51:56] Correct.

[51:57] So I think we've got to be smart about this in the sense that how much of the fee is going to cover such that we don't have to dip into the underlying budget for the transfer station when we go through the budgeting in a couple of weeks. Well, that's the comment I made two weeks ago. Yeah. The exact same comment to Nicole before the meeting even started. Does this cover the costs or these changes cover the cost of whatever we're doing? And if that's not covering the cost, then that's. So when I went out there and I found out that people are dropping off somewhere in the vicinity of 90 mattresses a week, that's a lot. And they're heavy. And when they get wet, they're heavier. So when they go out, they get weighed. So it's, it's we need to work this out.

[52:48] This one's a.

[52:48] Tough one to Mr. Chairman, because you've got subsidization essentially taking place here because we give permits for free to those who are 65 and older, which I support. So the fees have to not. The fees have to try to cover some of the cost, and then also backfill some of the loss of revenue from the fact that we've given this benefit to older residents, which, again, I don't have a problem with. My point is, you know, it cuts both ways for me. When I see a fee go up, I want to understand what the cost driver of that is. And, you know, because I want to try to keep them as low as we can. But when I see something that, you know, I know for a fact is not going to cover the cost. And my next question is, well, what's that delta going to be? So I'm not just trying to drive everything down though. That's great. I also want to try to understand how we're protecting, in this case, the underlying budget line for the transfer station so that we can budget for that as appropriately as we can.

[53:48] Historically, the Town Council Board of Selectmen have not.

[53:55] My experience here. They've not tried to make the permit fee equal the cost of operating the transfer station. They. So this this proposed change will not even bring us remotely close to the cost of what it is to operate the transfer station. There was discussions in the past of, you know, slowly trying to increase fees to get us to that point. Um, I think there was, you know, a couple of moves made over a few years to get the fees up to the $60. The transfer station committee met and came up with a recommendation to increase it at least by $10. As we are going out to bid for a new solid waste contract, we anticipate that our cost, our tipping fees will increase by at least, if not more than $10, $10 per pound or per ton. Excuse me. Um, yeah, that would be a big change, right? Yeah. Um, so that's where this generates. The committee said, let's at least be proactive. And then truly, at any time, the fee schedule can be modified by the town council at any time. We just typically do it this time of year for two reasons. One is to. We can modify the revenue budget to for any changes that are made. And then the second is, of course, with the water and sewer rates trying to hit that January 1st target so that each section of town gets the same rate change in same fiscal year.

[55:28] Mr. hatch, I assume a couple of things. Just one.

[55:31] O.

[55:32] The.

[55:32] It's got to do with the collection.

[55:34] Of fees. I have no problem with the fee. As a matter of fact, I question whether. Whether it's high enough. But that's neither here or there. The. Um, can we work on the system where the residents can go online And pay for the electronics or the mattresses or whatever they're trying to get rid of, so they don't drive down there with them on a Saturday and get turned around because they didn't go to Town hall on Friday and get a thing. So if we can figure this out, that's something staff is looking into currently because I watched three people.

[56:09] But they should know.

[56:10] So.

[56:10] They should know. It's been that way for years.

[56:12] Yeah.

[56:13] So I don't I don't buy that. But we can improve. Right. Yeah. But I don't buy that. They don't know it's a convenience.

[56:21] So that's all.

[56:23] Miss Withrow just quickly I'm supportive of both of these fees. I don't have a problem with the the vendor verification either because it is a service that we're providing. Um, I think this is almost like a stopgap. The finance committee is going to be looking at the fee schedule. They're going to be really diving in and coming up with justifications for all the fees. If we're charging too much or if we're not charging enough, we're going to get some some definitive answers on why and what's appropriate. So I'm content almost with the status quo and looking forward to them doing that.

[56:56] Nothing further. Mr..

[56:59] Mr. chairman, at this time, I move that the Town Council hereby adopt resolution number 2020 617 relating to the adoption of the 2027 town wide fee schedule, with such fee schedule to be effective January 1st, 2027, this resolution shall take effect upon its passage as follows. Whereas, section 1.2 of the Town Charter vested in the Town Council, the powers of the legislative and governing bodies and. Whereas RSA 419 A two allows the governing Board to establish and amend fees provided, the provisions of RSA 419 A1 have been met. Now therefore, be it resolved by the Town Council that the Town Council votes to adopt the proposed town wide fee schedule effective January 1st, 2027.

[57:42] Second.

[57:43] Motion been made and seconded.

[57:47] All those in favor? S17:

[57:54] It's a fun.

[57:55] Job.

[58:00] Okay.

[58:02] Next up is.

[58:03] D.

[58:04] Public hearing again. We're going to open a public hearing to consider a zoning amendment. Open another public meeting.

[58:12] This is for resolution 2026-18, which is zoning amendment to the Municipal Code chapter 490 attachment one, which is the permanent use table after September 14th meeting. Jacob La Fontaine was here to speak to this. Um, if you have any questions. Assistant town manager. I was here to answer that for you.

[58:29] I'm happy to answer any questions. This is a really straightforward one. Um, right now we have several different lines for churches versus religious institutions. Um, daycare center versus childcare versus group daycare. This is just to clean up the use table, just to make it easier to administer and really get rid of what's really just kind of confusing to people who are trying to understand what they can do and where they can do it.

[59:01] Mr. chairman, this time I move that the Town Council hereby adopt resolution number 2020 618 to consider amendments to Municipal Code, chapter 490 zoning Attachment number one permitted use table as recommended by the Planning Board. Whereas, the Salem Town Charter adopted by voters at Town Meeting March 14th, 2023, vests the Town Council with the authority to adopt and amend land use ordinances. And Whereas, the Planning Division has proposed amendments to the Permitted Use table for attachment, one that consolidates educational uses and religious uses and allows personal service uses in the business office district. And. Whereas, the Planning Board, at their August 25th, 2026 meeting, has unanimously voted to recommend Town Council adoption of the proposed amendments. Now, therefore, be it resolved by the Salem Town Council that the Salem Town Council hereby approves the amendments to the Permitted Use Table as presented.

[59:55] Second motion been made and seconded.

[1:00:00] All those in favor? S17:

[1:00:08] And we're going to open another one on another zoning amendment. And, Miss Mayhew, you're up.

[1:00:16] So this is zoning amendment. It's a resolution 2026-19. Um relative to mixed use development in commercial districts to comply with state law. Um, there were legislative changes HB six, 31, 1010 and 1588 that did amend RSA 674 80. Um, this is in effect and does require that municipalities allow, um, multifamily housing in districts where commercial development is permitted. So right now the state law is in effect, it preempts our local zoning. So regardless of if the council did not want to change this, we're bound by state law. Um, I will just point out that the language that we've proposed here and that has been reviewed and recommended by the Planning Board does, um, the statute does allow and we've included in our language just to strengthen the adequate infrastructure, storm water drainage traffic be provided. Um, the dimensional requirements be met. We have some limitations here on ground floor space. So restricting um, at least 33% of ground floor space to commercial use and addressing incompatible impacts. So we are required to meet state statute. Um, and this is a way that we're able to meet the state law and also still make sure the Planning Board has adequate controls to make sure the housing is being built is meeting our standards.

[1:01:53] Mr.

[1:01:54] Sweeney? S4:

[1:04:48] Um, I have Miss Stacy.

[1:04:50] Thank you. Thank you, Mr. Chair. So, um, I obviously took the time to read these pieces of legislation. And my suggestion to the people who are watching, if you don't like it, contact your politicians because that's who's in charge of putting this stuff into effect. I have a real problem when I see a piece of legislation that says this is by right, number one. Number two, my belief was when I read this that if it's a commercial property, they cannot build above what they already have for height. They can't go above, they can't build floors above. They have to stay within the guidelines of what that building currently is on the property. That's what I read in this piece of legislation. So I just want people to realize that so that they realize, you know, if it's over in the commercial zone, I mean, I'm not happy about this, but obviously, again, our hands are tied because it's the state law. So we have to comply. We have to comply. Otherwise we get sued. And we certainly don't want those kind of lawsuits. But again, I suggest that if you have a problem, you start reaching out to your state reps and your senator, let it be known. Thank you.

[1:06:01] Paul. Thank you, Mr. Chairman. A lot of the concerns I hear I've heard around town are their concerns between.

[1:06:09] The.

[1:06:09] The corridor of route 28.

[1:06:12] Um.

[1:06:13] There is I was kind of I had to reluctantly vote yes on the planning board because we had we do must have to comply with state law, although one of the, one of the restrictions here that that are kind of scares people, uh, in, uh, in number two, the Requirements. Uh, it says however preexisting non-conforming structures may be converted into multi-family dwelling units if the structure's envelope is not altered to further violate zoning requirements. That's a that's a good, good, uh, paragraph to consider. But most, most of route 28 that I find right now, uh, most of the dwellings in, uh, structures in route 28 will probably not conform with the requirements that are, that are needed, uh, to build multi-family units on the, um, you need 33% of the floor space. Uh, that's another one of them. And the floor ground space. Uh, this certainly isn't enough land property where these, uh, buildings on 28 originally exist. Now to, make a massive comply with the setback, comply with the 33% of ground floor and have enough parking in the area for whatever they want to put up. So. So hopefully you won't see any a lot of this on Ward 28. I can't guarantee it, but hopefully we won't.

[1:07:53] Mr. hatch okay, so it's been stated that we're doing this to comply with the state law, which I understand, but complying with state law and creating an ordinance that complies with state law is like two different things, because we've already stated a couple of times that if we if we vote this down and don't create the ordinance, then they'd be allowed to do it anyway. So I'm going to vote no against this, because I feel like we're creating an ordinance that we don't really need. And if something happens and the attitude changes and they repeal this law, now we're going to have to have another meeting to repeal the ordinance. And and if they're sleeping at the wheel ten years from now while I'm six feet under.

[1:08:43] Ten.

[1:08:44] Years, you know, who's you know, they don't realize the ordinance is even written. Someone's going to walk in the door and say, hey, I can do this because it says it here. I to me, I don't think we need the ordinance saying we got to comply with state law anyway. Then why create the trouble to say.

[1:09:06] Miss Withrow?

[1:09:09] Um.

[1:09:10] Okay, so two things. One, to Jeff's point, can we make this only effective as long as the state requires it? Cannot ordinance only be. Can it be tied to that? And if they repeal it, it's automatically off our books.

[1:09:25] I don't think.

[1:09:25] So.

[1:09:26] I don't think we can do that.

[1:09:27] Okay. I didn't think so, but I wanted to ask. So of the ground floor space, 33% of available ground floor space has to be commercial use. So, Joe, this might be to you. I had asked Cathy. She pulled this out. Um, I was wondering if a commercial apartment building went there. Is that first floor considered if it's lobby space, is it considered commercial? And according to number three on whatever this is here, it says an example would be retail office lobbies, residential amenities. So it doesn't have to have an office or retail store.

[1:10:01] Right. A gymnasium downstairs.

[1:10:03] It could be something that people off the street cannot walk into vending areas. It's only for that building. And I think that flies in the face of the gold deal. So I think that I don't think we can do anything about it. I think we should keep our eye on it. I think you should change it. Okay.

[1:10:16] This is this is this is.

[1:10:19] That's what we.

[1:10:20] That's us.

[1:10:20] That's us. So that we can change them.

[1:10:23] Okay, so let's

[1:10:29] Take that back.

[1:10:31] Anybody else? Joe.

[1:10:37] Go ahead.

[1:10:38] Mr. chair, this time I move that the Town Council hereby adopts resolution number 2020 619 to consider amendments to Salem Municipal Code, chapter 49501. Multifamily mixed use developments as recommended by the Planning Board. Whereas, the Salem Town Charter adopted by voters at Town Meeting March 14th, 2023, vested the Town Council with the authority to adopt and amend the land use ordinances.

[1:11:07] And Whereas, the Planning Division has proposed an amendment to 49501B1K S4:

[1:11:43] Second for discussion.

[1:11:44] Second for discussion. Miss Stacy.

[1:11:47] Would you modify that to make the changes that I just suggested?

[1:11:50] Yeah.

[1:11:50] What percentage?

[1:11:53] I like the 33%, but it should actually be retail or office or something.

[1:11:57] Somebody available.

[1:11:58] To use other than just people that.

[1:11:59] Live.

[1:12:00] Residential amenities.

[1:12:01] Yeah. Lobby. Residential amenities. I think 33% should actually be commercial or office or something for the general public. Yeah.

[1:12:11] Sure.

[1:12:12] I would, I would imagine that with that, if that if you have what needs to be written for that. Yeah. Everybody okay with that? Yeah.

[1:12:21] Yeah. I'll go with that.

[1:12:23] Okay, so my second stance.

[1:12:27] And our second stance.

[1:12:33] All those in favor? S15:

[1:12:36] Opposed? Three. Two ones opposed. Well we don't get.

[1:12:43] We're going to close that public meeting because God only knows we need another one. Hold on.

[1:12:50] Next up is f appropriate. Uh 2620 public hearing. Consider zoning amendments.

[1:12:59] Yay! S14:

[1:13:01] Everybody loves the zoning in their life.

[1:13:04] How about we just get rid of it?

[1:13:06] Oh, really?

[1:13:07] I'm living where I live. Everybody else can just sit down.

[1:13:09] This is resolution 2026-20 amendment relative to kennels. So is the council may recall at your prior meeting. This was included kennels and cigar bars, setting a restriction on how far they can be located from a residential district. Um, we did, at the council's request, eliminate cigar bars from this. We'll take that up in a future review of potential other amendments. So this is truly just establishing a 750 foot buffer between kennels from residential districts. It's just intended to preserve quality of life. Um, the character of those surrounding neighborhoods. Happy to answer any questions council has.

[1:13:55] Okay.

[1:13:56] I just had a question with regards to what do we have a definition for kennel? I just I'm just curious because, you know, my circumstance. So I'm just what's considered a kennel. We do. And I don't have it right here in front of me. But it is um, I'll keep this.

[1:14:10] I've looked.

[1:14:10] It up.

[1:14:11] And.

[1:14:12] It's.

[1:14:12] Five.

[1:14:13] Anything more than five? Thank you. Considered a kennel. Thank you.

[1:14:18] Dogs. dogs, dogs.

[1:14:20] Dogs, dogs.

[1:14:25] Mr. chairman, at this time I move that the Town Council hereby adopt resolution Number 20 2620 to consider amendments to the Salem Municipal Code, chapter 400 9501 proximity of kennels to residential districts as recommended by the Planning Board. Whereas, the Salem Town Charter adopted by voters at Town Meeting March 14th, 2023, vest the Town Council with the authority to adopt and amend land use ordinances. And Whereas, the Planning Division has proposed an amendment to 495 01C1E to establish a 750 foot buffer between kennels from residential districts to preserve quality of life, property values and the character of the surrounding neighborhoods. And whereas the Planning Board, at their August 25th, 2026 meeting, has unanimously voted to recommend Town Council adoption of the proposed amendment. Now therefore, be it resolved by the Salem Town Council that the Town Council hereby approves the amendments to the Zoning Ordinance as presented.

[1:15:26] Second.

[1:15:26] Motion been made and seconded. Questions on cigar bars and dog kennels. This kennel. I'm sorry. Just kennels.

[1:15:37] And those of you who didn't hear kennel.

[1:15:41] Is anything over five, right? Keith? S19:

[1:15:42] Okay.

[1:15:47] All those in favor? S15:

[1:15:55] Hold on a second. Close that meeting and, oh, we're out of it. No.

[1:16:03] We did this last time.

[1:16:04] Oh, great. All right, so now we're finally into new stuff. All right. Municipal service department. Water restriction update. Mr. Devine.

[1:16:15] So I'm putting your package of staff report from.

[1:16:17] Minister Services Director Wayne Amaral. Wayne is here to talk about the water restrictions in town and to give an update on the lake levels, I can't.

[1:16:24] Thank you.

[1:16:25] William Mitchell, services director. Um, we have good news. Um, because of your proactive, um, decision you made on May 4th or May 14th of 2026, we're at a pretty acceptable level. As you see below, we will make it until the fall with the restrictions we have right now. If we keep the restriction going at right now at 215.99. As of September 18th, our model is predicting around 215.88. By the time we get to mid October mid November, we should go down to apply. So we're in very good shape. And it's because we did the proactive um making the restriction. Actually on the days that we restrict water that we allow for no watering, we have a 10% reduction in water, which is huge for us. So it shows that it works. It shows that we have a tool that we could use in the years coming. We have this happening again next year or of the year after that could be just water that. With restriction and balancing of the regional water usage every every day on a daily basis. Should they be succeeded? We don't have extra water. I'm not trying to. I would not recommend we get off of the restriction. I would wait until we get Tallahassee on. We won't come back to you and ask you to rescind the restriction for the season. So I think we're in very good shape. Honestly, I think we did. What we did was the right thing. We called it early other places. If you heard in the news and you saw it, they called it late. We had to do mandatory restrictions seven days a week, 24, seven. We never had to do that. So we allowed our residents to water them on every other day, which is a pretty good deal. We did so everybody could save their lawn this year. That's where we're at this year. I want to say we did a great job. I think we did a great job. You guys did a great job on that. I think we're in a good position and a very drought season.

[1:18:12] Questions for Mr. Pelletier.

[1:18:16] Thank you, Mr. Chairman. As I don't know if you've driven by. But Carnivale is now down about right around two feet. What I what I can estimate.

[1:18:28] Are we holding more water now from the pipeline than we are from Carnivale? S16:

[1:18:36] Fred, come on up and join us.

[1:18:38] It's down to 2.5ft, 2.5ft.

[1:18:41] Thank you, Mr. Fred Wallace.

[1:18:43] Utilities.

[1:18:44] So we're taking as much water as we possibly can from, um, regional water. I mean, we're restricted to how much we can take. Right. We can only pump so much. The way we operate is we take more when the water treatment plant is operating and when the water treatment plant shuts down, we decrease the flow from regional gives out tanks a chance to, to, to cycle. So we're not creating quality farms in town, but we're taking as much as we possibly can.

[1:19:16] That answered my question.

[1:19:20] But obviously, as people calm down their watering as the weather gets cooler and we have more rain events, can we expect that to happen soon? Hopefully people don't want their lawn this weekend.

[1:19:34] Market basket did on 28th.

[1:19:38] They're inside. They're inside the Tuscan, aren't they? So they have their own. Well, okay. Okay. Speaking to him. They have their own. Well, right. Their own. Well, okay. Yeah. You go around town and some of these commercial properties and I'm not singling them out, but there's commercial properties that are spitting water out of there, you know.

[1:20:01] So one of the.

[1:20:02] Things.

[1:20:02] Systems.

[1:20:03] Selectmen did back in 2018, maybe 2017.

[1:20:09] Mandated in all.

[1:20:10] Commercial properties coming into the system. Had to drill a well if they wanted to go on irrigation, they couldn't. They couldn't buy an irrigation meter and use municipal water for irrigating. So there's a number of commercial properties that are out there. There are some that are buying water from Australia, and we track them and they're following the ordinance. But the ones that you're seeing watering, they're on a well and they have every not that it's the right thing to do, but they have every right to do so.

[1:20:39] Fantastic. Anything else for Fred or for Wayne? Not seeing any gentlemen. Thank you very much, Miss Donnelly. Did you have something to contribute? And your name wasn't on the list? But go ahead.

[1:20:54] I apologize for not putting my name on the list.

[1:20:56] That's okay.

[1:20:57] Donnelly, 40 West Dustin Road. I'm coming before you as Kennedy Lake Protective Association president to ask that we have. I know a agreement that says that the town will switch over no earlier than October 10th to Arlington Pond. And I'm just asking the board to consider switching over as soon as possible. As we know, our. The lake is down five feet because its top level is 220. And so it's now at 250. Hopefully by the time we get. It'll be up to 216 by the end of this spring period that we're proceeding, which we all are thanking our lucky stars for. As we know, we're going into a super El Nino year. So we don't know what the prediction of what kind of moisture we're going to be getting this winter. And as we know from last year, we didn't receive a lot of moisture from the snow. It was very crystallized. It was very cold weather. So therefore the snow that we did get was not dense with moisture. In addition, in the spring, we did not receive a lot of rain. So I'm hoping that I can work with the town and we can really convince the town to switch over to Arlington Pond as soon as possible, and to help Candy Lake recover and recharge and give us an extra month and not switch over mid-November. Switch over within October this year. And that's my request and hope the town would please take that under consideration. Um, as we move forward this fall.

[1:22:31] When's the actual switchover date? Normally. Fred. Mr. waltz.

[1:22:36] So we start drawing down, um, Arlington Pond, October 30th, usually after the Columbus Day holiday. Okay. We have to bring that down to to, uh, it's 116154.

[1:22:54] From 160. Um, during that draw down, we can't take water into the treatment plant to process it. It's just, it's too hard to manage. And we don't have the residuals handling to dispose of our wastewater. November 15th is our target date. We'll we'll do everything in our power to try to get over early. That's that's our intent every year. It's just it's physically impossible for us to do it as early as October 10th. October 15th. I know the Arlington language gives us the authority to take that water and use it if we can. As a matter of fact, we can take water at any time of the year, even in the summer, as long as the level is over 1617. So but it's our intent to get on that as early as we can. Okay, good.

[1:23:46] Thank you. I appreciate your time.

[1:23:48] Okay. Thank you. Mr. Thomas's report.

[1:23:53] Great. Thank you very much. So I do have a PowerPoint for you tonight. It'll be tough to see you kind of hold your shoulders a little bit, but just to kind of go over some stuff. Um, so I'm going to highlight a couple quick things. Um, move through this quickly for you. Uh, first, we're rebranding our employee of the month. Uh, before, which is kind of a nomination system anybody was able to nominate. Um, we kind of geared more towards what we feel Salem is, which is service accountability, leadership, excellence, and mission. So we're trying to make sure that it fits within those requirements as we're nominating people. Um, so for the first year, you know, if somebody was doing their job and they did a great job, we would reward them. We're looking for those people now that are going above and beyond and really helping the residents, things like that. So we hope this rebranding will really help bring things together for us. Um, so, uh, this past winter, Muckrock joined the state news and the Concord Monitor, um, surveyed 22 towns and 18 school districts under the right to know law, to see how transparent we were and how we would provide information. I'm happy to report Salem finished second out of the 22 towns with a score of 9.3 out of ten. Manchester was the only one higher at 9.5 um. They had eight different requests for us, responded um and they were very happy with the response, which is why we ranked second out of the 22 communities that they surveyed.

[1:25:16] Um, just to make you aware. So, um, freedom Energy and Salem are finalists for the Climate Transition Energy Leadership Award. Um, we're being recognized and it'll be October 8th at the Museum of Science in Boston, um, to see if we win this. Basically it's due to the partnership specifically around, uh, the creativeness that we've used for the electric co-op and really trying to get the rates at the best rate for the Salem ratepayers. Um, as we know, since we're sitting here, the police station is officially open again. We just want to thank everybody who was involved in that, specifically the voters, the contractors, and all of our partners who helped make this happen for us. Uh, just a reminder, we have a general election coming up in November. Third. You can register to vote by what? Until Wednesday, October 28th. We have to stop ten days prior to any election, but you can register to vote at Election Day at the polls. Just so you have an idea, absentee ballots will be arriving in mid-October. Primary we received. We had 188 requests for absentee ballots. We received 166 back. And again, we have four districts. We have eliminated two schools. So please pay attention to where you're supposed to be voting. I know there was some confusion during the primary as far as GIS being updated. It has been fully updated so people can go online and see where they're supposed to be voting and where they're supposed to go.

[1:26:34] Um, Arlington Mill Reservoir Watershed Plan. There's a public meeting on Tuesday, October 13th in the nightly meeting room from 5 to 6. Uh, this is a specifically talk about water quality and the cyanobacteria that's been occurring at Arlington Pond. Um, ZBA notification signs is Councilor Stacey kind of alluded to. Uh, this is something that we're going to start doing ten days prior to any hearing. We will be putting a notice at the property letting people know that we have a variance for this property. As you can see, there's a QR code that people can go up, take a picture of it, and they'll see the plans and see exactly what's going to be happening at that address.

[1:27:08] It's a quick community events, household hazardous hazardous waste days coming on October 17th. Um, that's 8 to 1. Uh, we have trunk or treat from 5 to 730 at the senior center. Uh, we will be having a costume contest for people ten and under. Trick or treating will be on October 31st from 6 to 8. And again this year we're doing a Salem freights, which is a Halloween display. People can register their addresses and let people know that they can come by and check out all their awesome Halloween decorations. Just a quick update for you just to give you some ideas. The department in the month of August had 528 runs. We collected $726,000 in motor vehicle and fee revenue. We issued 497 landfill permits. We had 231 backflow assemblies at it wise, we had 196 different IT help desk tickets. Um, it has been working hard on looking at our old copper lines and old data circuits. Um, we've retired several of those, resulting in a savings of approximately $17,000 so far. And then human service calls, we had 63 people looking for assistance and coming out for help.

[1:28:16] A couple quick staffing updates for you. We've had some staffing changes. Currently open right now is we have a planning director, chief assessor and municipal services director. We have a support service supervisor in the police and then a support service clerk part time and then welcoming some people aboard. We've hired a new collections clerk and a maintenance craftsman and assistant planner. The fire administration coordinator who you met tonight and a custodian for this building.

[1:28:40] I gave you guys an update on Bridge Street Bridge last meeting, but again, we're running 6 to 7 weeks behind the telling us December 4th. They'll be completed. Irma road is ongoing right now. Um, we are looking we just awarded the Brookdale Road sewer pump station. Mall. Road overpasses under work. Um. It will be stopping in the fall prior to Black Friday is what they've told us. With the work continuing again in the spring of 27. Uh, Lake and bluff, we started finalizing bids for this. This is going to be a warrant article we'll be looking for in 2027. Uh, the road program is wrapping up right now, just completing punch lists, and the fire station is going through schematic design right now.

[1:29:20] Uh, there's a lot of talk on the Reval. Um, just so people are aware, the deadline to register for a hearing was supposed to be today. We've asked vision to extend that because we heard some people that did not receive notices, um, in a timely fashion. So we are extending this to October 2nd. And they have opened up more dates as well for people looking to have hearings for this. This is the final step before the numbers are set. And we can file the Ms1 with the state to for tax rate setting purposes.

[1:29:47] Um budget calendar. On Thursday we're going to start the town Council budget review. Uh, the Finance Committee wrapped up on Monday reviewing the Town manager's budget. So. October 1st will be the Town Council's budget. October 2nd seventh will be another review, a possible final votes if the council wants to wrap it up that night. But we do have October 14th also held as well. If you need to have that for purposes for final voting. And then finally, something that I'm going to try to do this fall, I want to get out into the departments a little bit more. So I'm going to be making my mobile, my office mobile a little bit more. I'm going to be spending a week in every department working at that department. The idea is not to micromanage staff, not to micromanage the department heads, but really just to listen and kind of get an idea of what our staff is actually dealing with, hear their concerns, hear what's actually happening. I'm seeing different process improvements, things like that. So that's something you're going to see for me. So for some reason, I'm out of town hall. Maureen will let you know where I am, but I'm going to be just kind of bouncing around from each department to really get a good understanding of what we've got going on. And I'm happy to answer any questions that the Council may have.

[1:30:56] Questions, Mr. Sweeney.

[1:30:58] Thank you, sir. Um, the overpass at the mall. The last time the state was in here a year ago or a month ago, they promised it would be done before Black Friday. Craziness. Do we have an estimated last.

[1:31:12] I've heard they're still pushing towards the before the Black Friday.

[1:31:16] I just got off the phone, so I'm going to finish before Black Friday. Then they left Oklahoma Springs and.

[1:31:23] They're going to wait till the spring. Correct. Beautiful.

[1:31:26] Perfect.

[1:31:26] Thank you.

[1:31:29] Mr. Pelletier.

[1:31:31] Don't go anywhere. Thank you. You probably know what I'm going to ask you. I have a sign. School sign.

[1:31:41] They now.

[1:31:42] Have a. We'll be up before winter.

[1:31:44] I will follow.

[1:31:45] Up with James on that one. Now we have a staff member who could actually do that.

[1:31:51] I have a few people that are calling me up all the time. I follow her. Okay. Thank you.

[1:32:02] I'm going to go with Kathy for 25. You get a couple things.

[1:32:08] Just one. Uh, what's the deal with the clerk's office being closed this Friday?

[1:32:14] I'm not, I haven't, I haven't heard why I saw the Facebook post is how I found out.

[1:32:19] Whoops. Here we go.

[1:32:22] Um, the town clerk has an appointment and is not available that afternoon in the deputy clerk's hours are typically scheduled until 2 p.m.. So, um, so after the deputy clerk leaves at 2 p.m., um, there are 2 or 230. There will not be someone in the clerk's office to process ballots. So that's why we made those posts in advance, to give people as much advance warning as possible that there will not Lucky a clerk. We don't have the ability to shift somebody's hours so that somebody is covering it all day. And we do try to accommodate and like for next week, for example, there's a period where the clerk is going to be at a at a clerk's conference for training for three days. So the deputy is taking on additional hours to cover the office during that time. It just happens that this Friday afternoon we're not able to get coverage. So, you know, again, obviously this is a concern to to taxpayers in this community who rely on they may not see this posting on Facebook. They may not be on Facebook. They show up there to get business done and they can't do business. That's a problem. So we need to try to really eliminate this ongoing issue that's been happening. Thank you.

[1:33:40] Mr. hatch.

[1:33:42] I just wanted to.

[1:33:43] Make.

[1:33:43] Everybody else, my fellow council members here, aware that. We spoke with Town Manager today and asked him to see if we can get permission from the folks across the street to for people to park their cars over in that lot. When this room here is being used for meetings or such, and to put possibly a crosswalk with one of those flashing lights, because as you see, when we came in today, there's not enough cars to park out front. If this room was being occupied and being used and we had nowhere close to 70 people here. So I just want to make everybody aware of that.

[1:34:31] Okay.

[1:34:32] Anything else, miss? Right. You all set? Everybody's good. Okay. I'll accept the motion. Oh. I'm sorry. Let me do this first. Upcoming meetings, October 1st for the budget. October 5th has officially been canceled. We don't need it. So get it off your schedules. October 5th. You're free as a bird.

[1:34:53] Yes.

[1:34:55] Thank you.

[1:34:56] October 7th. Preliminary discussion on the budget and the warrant articles that can also go right to final votes if everybody gets their information that they need on time and so on. Otherwise, October 14th will be doing budget and warrant article final votes. And then our second meeting of the month will be October 19th, regular meeting at 7 p.m. back at our usual haunt, the Salem High School Media Center. Anything further? I only have one other thing to say, and I'm going to say it in public because I just we have had a situation going on, I think, at the transfer station where people are getting into the transfer station with a Massachusetts license plate on, and I'm not happy. And when I say a New Hampshire license, I mean a new license plate with a full load. I mean, a full load and no tag. Uh, they're getting permission to come in under other people's permit. They're getting permission to come in from people who don't have the authority to give them the permission if they have a Massachusetts plate on their car. I don't care if you're a summer resident, if you're not a resident of this town with a New Hampshire license plate, you shouldn't be going into the transfer station. And I've seen mass plates. I actually saw a Florida plate, and I know people go back and forth to Florida, and he might very well or she might have been a snowbird. But if you're not here at least six, six and a half months or seven months out of the year, you should have a New Hampshire plate? I don't understand how they're getting in there, and that's costing the taxpayers money. So we're going to look into that. That's one of the things that's on my agenda. So that'll be coming up soon. Anybody else got anything they want to add to the agenda? No. Okay.

[1:36:59] Motions to.

[1:37:00] Adjourn.

[1:37:01] Motion to adjourn. Seconded. All those in favor? 9 to 0. Thank you, everybody, for tuning in.

Town Council - 9/28/2026

Transcript