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MINUTES - Regular - 1/27/2011 29 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL “Know Your Rights Under the Open Meeting Law, M.G.L. c. 39 §23B, and City Ordinance Sections 2-2028 through 2-2033.” A Regular Meeting of the City Council was held in the Council Chamber on Thursday, January 27, 2011 at 7:00 P.M., for the purpose of transacting any and all business. Notice of this meeting was posted on January 20, 2011 at 1:34 P.M. This meeting was being taped and was live on S.A.T.V. All Councillors were present. Council President Ryan presided. Councillor Ronan moved to dispense with the reading of the record of the previous meeting. It was so voted. President Ryan requested that everyone please rise to recite the Pledge of Allegiance. PUBLIC TESTIMONY There was no public testimony. (#4) – APPT. OF KATHERINE FABISZEWSKI AS ASSISTANT TREASURER Held from the last meeting the Mayor’s appointment of Katherine Fabiszewski to serve as the City of Salem’s Assistant Treasurer with a term to expire January 31, 2014, was confirmed by roll call vote of 10 yeas, 1 nay, 0 absent. Councillors Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. Councillor Sosnowski was recorded as voting in the negative. Councillor McCarthy requested and received unanimous consent for suspension of the rules to allow Ms. Fabiszewski to speak. (#5) – APPT. OF BONNIE CELI TO SERVE AS PARKING CLERK/HEARINGS OFFICER Held from the last meeting the Mayor’s appointment of Bonnie Celi to serve as the City of Salem’s Parking Clerk/Hearings Officer with a term to expire January 31, 2013, was confirmed by unanimous roll call vote of 11 yeas, 0 nays, 0 absent. Councillors Sosnowski, Sargent, Ronan, Prevey, Pinto, Pelletier, O’Keefe, McCarthy, Lovely, Furey and Ryan were recorded as voting in the affirmative. 30 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL #47 - #48 CONSTABLES Mayor’s reappointment of the following to serve as Constables with the following terms to expire, was received and placed on file. Christine Derby, 73 Tremont St., Salem Term to Expire: February 1, 2013 Nathaniel Greene, 29 Frederick Rd., Braintree Term to Expire: January 5, 2013 #49 – TRANSFER TO GOLF COURSE - IRRIGATION The following Order recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules. ORDERED: That the sum of Nine Thousand Dollars ($9,000.00) is hereby appropriated from the “Receipts Reserved – Golf Course” account to the “Golf Course – Irrigation” account in accordance with the recommendation of Her Honor the Mayor. #50 – RESOLUTION FOR GT CRYSTAL SYSTMS LLC FOR CERTIFIED PROJECT APPLICATION The following Resolution recommended by the Mayor, was referred to the Committee on Administration and Finance. RESOLUTION AUTHORIZING CERTIFIED PROJECT APPLICATION OF GT CRYSTAL SYSTEMS, LLC WHEREAS: GT Crystal Systems, LLC has applied for designation as a Manufacturing Retention Project under the Massachusetts Economic Development Incentive Program created by Chapter 23A of Massachusetts General Laws; and WHEREAS: There is strong support of economic development, the creation of jobs, and business expansion and relocation to the City of Salem; and WHEREAS: GT Crystal Systems, LLC’s application meets the minimum standards of the Economic Development Incentive Program; and 31 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL WHEREAS: The proposed project will be located in Shetland Park and Congress Street in Salem, MA which is located within the Beverly and Salem Regional Economic Target Area; and WHEREAS: The City of Salem is a Gateway Municipality; and WHEREAS: The City of Salem has agreed to support GT Crystal Systems, LLC; and WHEREAS: GT Crystal Systems, LLC is investing at least $20,000,000 to expand operations and the proposal will have a reasonable chance of increasing or retaining employment opportunities for residents of the municipality by retaining 50 jobs and creating at least 25 new full-time jobs for residents of the Beverly and Salem Regional Economic Target Area in five years. NOW THEREFORE BE IT RESOLVED that the Salem City Council approves the Manufacturing Retention Project application of GT Crystal Systems, LLC and forwards said application for certification to the Massachusetts Economic Assistance Coordinating Council for approval and endorsement. #51– MONTHLY FINANCIAL REPORT DATED DECEMBER 31, 2010 Councillor McCarthy introduced the following Order, which was adopted. ORDER That the Monthly Financial Report dated December 31, 2010, be referred to the Committee on Administration and Finance. #52 – ORDINANCE TRAFFIC TOW ZONE, FEDERAL STREET Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year two thousand and eleven An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74, “General Prohibitions, Towing Zones” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Federal Street, westerly on Federal Street, from #191 to Boston Street, parking on left side only, right side tow zone. “No Parking, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. 32 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL #53 – ORDINANCE TRAFFIC, TOW ZONE, GREEN SPACE TRAFFIC ISLAND ON BRIDGE STREET Councillor Sosnowski introduced the following Ordinance, which was adopted for first passage. In the year two thousand and eleven An Ordinance to amend an Ordinance relative to Traffic, Chapter 42, Section 74, “General Prohibitions, Towing Zones” Be it ordained by the City Council of the City of Salem, as follows: Section 1. Green space traffic island and parks location on Bridge Street between Howard Street and St. Peter Street, “No Parking, Tow Zone” Section 2. This Ordinance shall take effect as provided by City Charter. #54 – RE-NAME BY-PASS ROAD TO SGT. JAMES AYUBE MEMORIAL DRIVE Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee of the Whole meet to discuss re-naming the by-pass road Sgt. James Ayube Memorial Drive. And that the following be invited Salem Veterans Council, Veterans Agent, Solicitor and State Representative Keenan. #55 – DOUBLE POLE ISSUES THROUGHOUT CITY Councillor Sosnowski introduced the following Order, which was adopted. ORDERED: That the Committee on Government Services co-posted with the Committee of the Whole meet to discuss double pole issues throughout the City and that the following be invited, Dick Rennard Director of the DPW, Ron Malionek Assistant DPW Director, John Giardi City Electrician, David Knowlton City Engineer and representatives from National Grid John Upham, John Richard and Doug Wagner and a representative from Comcast. 33 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL #56 - TAG DAY APPLICATION Councillor Lovely introduced the following Order, which was granted. ORDERED: That the enclosed Tag Day Application be approved for Salem High School Winter Track for Saturday, February 5, 2011. #57 – (#31) PUBLIC GUIDE LICENSES Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of Public Guide License applications, has considered said matter and would recommend that the matter remain in Committee. #58 – (#608 -#609) TAXI OPERATOR HEARING Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of a Taxi Operator Hearing for Frantz Larrieux, has considered said matter and would recommend that the matter be discharged from Committee. #59 – (#32 - #37) GRANTING LICENSES Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of granting certain licenses, has considered said matter and would recommend approval. JUNK DEALER Frederic W. Hutchinson, 15 Robinson Rd., Salem SEAWORMS Manuel P. Silva, 52 Paleologos St., Peabody Manuel Carroca, 12 Union St., Peabody SECOND HAND Modern Millie, 103 Washington St., Salem CLOTHING 34 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL SECOND HAND RJ Coins, 72 Wharf St., Salem VALUABLES Salem Coin & Jewelry, 149A North St., Salem Witch City Consignment & Thrift, 301 Essex St., Salem Olde Naumkeag Antiques, 1 Hawthorne Blvd., Salem Game Stop and Movies Too, 440 Highland Ave., Salem Marine Art Gallery, 135 Essex St., Salem Bewitched in Salem, 180 Essex St., Salem R.A. DiFillipo Antiques, 55 Lafayette St., Salem TAG DAYS S.H.S. Marine Corps Junior ROTC, Feb. 12 & 13, 2011 Salem Youth Basketball, March 5, 2011 & March 12, 2011 #60- (#660) FIVER YEAR LEASE AGREEMENT FOR 120 WASHINGTON STREET Councillor Lovely offered the following report for the Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Ordinances, Licenses and Legal Affairs co-posted with the Committee of the Whole to whom was referred the matter of a five (5) year Lease Agreement for 120 Washington Street, has considered said matter and would recommend that the matter remain in Committee. #61- (#622) WATER METER REPLACEMENT PROGRAM Councillor Pelletier offered the following report for the Committee on Government Services co-posted with the Committee of the Whole. It was voted to accept the report and adopt the recommendation. The Committee on Government Services co-posted with the Committee of the Whole to whom was referred the matter of the Water Meter Replacement Program, has considered said matter and would recommend that the matter remain in Committee. #62- (#657) APPR. OF $10,000.00 TO PUBLIC SERVICES WATER OVERTIME Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of a Transfer of $10,000.00 from Retained Earnings – Water Fund to Public Services – Water Overtime account, has considered said matter and would recommend that the matter be discharged from Committee. 35 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL #63- (#10) TRANSFER OF $15,000.00 TO PUBLIC SERVICES WATER OVERTIME Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of a Transfer of $15,000.00 from Retained Earnings – Water Fund to Public Services – Water Overtime account, has considered said matter and would recommend approval. #64- (#9) APPROPRIATION FOR RETIREMENT BUYBACK OF LORRAINE JACKSON Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of a appropriation in the amount of $24,867.90 from Retirement Stabilization Fund for Lorraine Jackson, has considered said matter and would recommend approval. #65- (#11) APPROPRIATION TO CITY COUNCIL ADVERTISING ACCOUNT Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of a appropriation in the amount of $5,000.00 from Fund Balance – Free Cash account to City Council – Advertising account, has considered said matter and would recommend approval. #66- (#12) TRANSFER TO HARBORMASTER GAS/OIL HEAT Councillor McCarthy offered the following report for the Committee on Administration and Finance. It was voted to accept the report and adopt the recommendation. The Committee on Administration and Finance to whom was referred the matter of a transfer in the amount of $1,000.00 from Receipts Reserved – Harbormaster to Harbormaster – Gas/oil Heat account, has considered said matter and would recommend approval. 36 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL #67 – PURCHASING AGENT SUBMITTING TWO APPLICANTS FOR CITY COUNCIL BUDGET ANALYST A communication from Thomas Watkins, Purchasing Agent submitting two applicants for the position of City Council Budget Analyst, was referred to the Committee of the Whole. Councillor Lovely that a Review Committee be appointed by the President. Councillor Ryan appointed Councillor Lovely, McCarthy, Prevey and Sosnowski also the Human Resource Director and Purchasing Agent as members of the review committee. #68- B&S FITNESS 5K ROAD RACE A request from B&S Fitness to hold a 5K Road Race and the use of city streets on June 5, 2011, was granted. #69 - SALEM HIGH SCHOOL TRACK TEAM 5K ROAD RACE A request from Coach of Salem High School Track Team to hold a 5K Road Race and the use of city streets on July 24, 2011, was granted. #70- #76 LICENSE APPLICATIONS The following license applications were referred to the Committee on Ordinances, Licenses and Legal Affairs. PAWNBROKER Salem Loan & Jewelry, 33 New Derby St., Salem PUBLIC GUIDE Dawn Leoni, 16 Phillips St., Salem SEAWORM Arthur Barreira, 49 Webster St., Peabody SECOND HAND Salem Loan & Jewelry, 33 New Derby St., Salem VALUABLE TAG DAYS S.H.S. Boys Basketball, February 19, 2011 S.H.S. Girls Outdoor Track, March 26, 2011 S.H.S. Boys Basketball, December 10, 2011 & December 17, 2011 37 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL #77 - TAXI OPERATOR LICENSES The following license applications were granted. TAXI OPERATORS Rafael Pena, 373 Chestnut St., Lynn Peter Kellum, 69 Rockland St., Swampscott #78 - REQUEST FOR HEARING ON DENIED TAXI OPERATOR LICENSE A request for hearing from Evangelis Rodriguez on the denial of his taxi operator license was referred to the Committee on Ordinances, Licenses and Legal Affairs. #79 - DRAINLAYER / CONTRACT OPERATOR LICENSES The following Drainlayer/Contract Operator licenses, were granted. Atlantic Paving, 101R Foster St., Peabody Bartlett & Steadman Co., Inc. 67R Village St., Marblehead Caruso & McGovern Const. Inc. 1 Industrial Way, Georgetown DeIulis Bros. Const. Co., 31 Collins St. Terr., Lynn Dibiase Corp., 749 Lowell St., Lynnfield E.B. Rotondi & Sons, Inc. 21 Mansion St., Stoneham EQ Enterprise, 452 Essex St., Beverly Geologic-Earth Exploration Inc..7 Sherwood Dr., Norfolk J. Masterson Construction Corp., 46 Prince St., Danvers J.J. O'Brien & Sons, Inc., 5 Fern St., Waltham James W. Flett Co. Inc., 800 Pleasant St., Belmont John F. Peterson Enterprise, 210 Broadway, Lynn K & B Excavating, 105 Mason St., Salem Manter Co. Inc., 20 Popes Lane, Danvers McLaughlin Const., Co. of Peabody, 72R Central St., Peabody Mirra Co., Inc., 6 Norino Way, Georgetown N. Granese & Sons Inc.,18 Yorkshire Rd., Marblehead Pumel Enterprises, 37 Baker Rd. Salisbury R. Dilisio Co. Inc. 113 Fayette St., Lynn R.B. Strong Excavating, 122 Western Ave., Gloucester Raffaele Construction Corp. 21 Elm Place, Swampscott Roto Rooter, 175 Maple St., Stoughton Spencer Contracting, 350 Main St., Boxford TDS, Inc., 2 Peter Dr., Sterling Thomas Mackey & Sons, 58 Broadway, Salem Village Construction Co., Inc., 190 Pleasant St., Marblehead 38 CITY OF SALEM JANUARY 27, 2011 REGULAR MEETING OF THE CITY COUNCIL #80 - #83 CLAIMS The following Claims were referred to the Committee on Ordinances, Licenses and Legal Affairs. Sarah German, 18 Oak St., Salem Adam Loffedo, 58 Derby St., Salem Lauren Shoesmith, 16 Porter St. 3F, Salem Barbara Whalen, 11 Deer Cove Rd., Swampscott #84 - BOND The following Bond was referred to the Committee on Ordinances, Licenses and Legal Affairs and returned approved. DRAINLAYER: Roto Rooter, 175 Maple St., Stoughton (#19) - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, HOLLY STREET The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Holly Street was then taken up. The Ordinance was adopted for second and final passage (#20) - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, DUNLAP STREET The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Dunlap Street was then taken up. The Ordinance was adopted for second and final passage (#21) - ORDINANCE AMENDING TRAFFIC, HANDICAP PARKING, GRANITE STREET The matter of second and final passage of an Ordinance amending Traffic, Handicap Parking, Granite Street was then taken up. The Ordinance was adopted for second and final passage On the motion of Councillor Pinto the meeting adjourned at 8:40 P.M. ATTEST: CHERYL A. LAPOINTE CITY CLERK