A Regular Meeting of the City Council was held in the Council Chamber on Thursday,
February 22, 2007 at 7:00 P.M., for the purpose of transacting any and all business. Notice of
this meeting was posted on February 16, 2007 at 9:05 A.M.
Councillor Sargent was recorded as absent.
Council President Matthew Veno presided.
Councillor Lovely moved to dispense with the reading of the record of the previous meeting. It was so voted.
President Veno requested that everyone please rise to recite the Pledge of Allegiance.
#145 – CONDUIT LOCATION ON BOTTS COURT
A hearing was held on the Order of National Grid for a conduit on Botts Court. Appearing in favor was John Jankowski of National Grid and Louis Siriani of 5 Botts Court. There was no one opposed. The hearing was closed. Councillor Pelletier moved that the permit be granted. It was so voted.
(#110) – APPT. OF CHAD COLARUSSO TO THE AFFORDABLE HOUSING TRUST FUND BOARD OF TRUSTEES
Held over from the last meeting of February 8, 2007, the Mayor’s appointment of Chad Colarusso to serve as a member of the Affordable Housing Trust Fund Board of Trustees with a term to expire February 1, 2010, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Sosnowski, Prevey, Pelletier, O’Leary, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Sargent was recorded as absent.
Councillor Furey requested and received unanimous consent to suspend the rules to allow Mr. Colarusso to speak.
#146 – APPT. OF JANET HORNE TO THE RENEWABLE ENERGY TASK FORCE
The Mayor’s appointment of Janet Horne to serve as a member of the Renewable Energy Task Force with a term to expire February 1, 2010, was confirmed under suspension of the rules by roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Sosnowski, Prevey, Pelletier, O’Leary, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Sargent was recorded as absent.
Councillor O’Keefe requested and received unanimous consent to suspend the rules to allow Ms. Horne to speak.
#147 – REAPPT. OF JOHN BORIS TO THE SALEM HOUSING AUTHORITY
The Mayor’s reappointment of John Boris to serve as a member of the Housing Authority for a term to expire February 1, 2012, was confirmed by roll call vote of 10 yeas, 0 nays, 1 absent.
Councillors Sosnowski, Prevey, Pelletier, O’Leary, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Sargent was recorded as absent.
#148 – REAPPT. CONSTABLE
The Mayor’s reappointment of James Barina to serve as a Constable for a term to expire January 3, 2008, was received and filed.
#149 – TRANS. ENGINEERING – WATER – INFRASTRUCTURE REPAIR
The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Prevey, Pelletier, O’Leary, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Sargent was recorded as absent.
ORDERED: That the sum of Two Hundred Forty-Three Thousand, Three Hundred and Ninety Dollars ($243,390.00) is hereby transferred from the “Public Services – Water – Electricity” account to the “Engineering – Water – Infrastructure Repair” account in accordance with the recommendation of Her Honor the Mayor.
#150 - TRANS. GOLF COURSE EQUIPMENT
The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Prevey, Pelletier, O’Leary, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Sargent was recorded as absent.
ORDERED: That the sum of Twenty Thousand Dollars ($20,000.00) is hereby transferred from the “Receipts Reserved – Golf Course” account to the “Golf Course Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#150 - TRANS. POLICE COMMUNITY EVENTS
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Eleven Thousand One Hundred and Ninety-four Dollars and Thirteen Cents ($11,194.13) is hereby transferred from the “Police Overtime” account to the “Police Community Events” account in accordance with the recommendation of Her Honor the Mayor.
Councillor O’Keefe recused himself and left the Chamber.
#152 - APPR. FIRE – FULL TIME SALARIES
The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 9 yeas, 0 nays, 2 absent. Councillors Sosnowski, Prevey, Pelletier, O’Leary, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Sargent and O’Keefe were recorded as absent.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby appropriated from the “Fund Balance – Free Cash” account to the “Fire – Full Time Salaries” account in accordance with the recommendation of Her Honor the Mayor.
Councillor O’Keefe returned to the Chamber.
#153 - TRANS. CEMETERY - BURIAL
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Ten Thousand Dollars ($10,000.00) is hereby transferred from the “Receipts Reserved – Sale of Lots” account to the “Cemetery - Burial” account in accordance with the recommendation of Her Honor the Mayor.
#154 - TRANS. PUBLIC SERVICES – WATER SYSTEM IMPROVEMENT PROGRAM
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Seven Thousand Dollars ($7,000.00) is hereby transferred from the “Retained Earnings – Water Fund” account to the “Public Services – Water System Improvement Program” account in accordance with the recommendation of Her Honor the Mayor.
#155 WAS NOT USED
#156 - TRANS. TO VARIOUS INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Prevey, Pelletier, O’Leary, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Sargent was recorded as absent.
ORDERED: That the sum of Two Thousand, Two Hundred and Sixty-Four Dollars and Thirteen Cents ($2,264.13) is hereby transferred from the “Receipts Reserved - Harbormaster” account to various Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
January 19191-5177 SS/Med 64.67
19141-5174 Health Ins 1,597.64
19141-5182 Life Ins 12.38
19141-5181 Dental Ins 19.20
19101-5178 Retirement 570.24
Total 2,264.13
#157 - TRANS. TO VARIOUS INSURANCE LINES
The following Order, recommended by the Mayor, was adopted under suspension of the rules by a roll call vote of 10 yeas, 0 nays, 1 absent. Councillors Sosnowski, Prevey, Pelletier, O’Leary, O’Keefe, Lovely, Furey, Corchado, Blair and Veno were recorded as voting in the affirmative. Councillor Sargent was recorded as absent.
ORDERED: That the sum of One Thousand, Five Hundred and Ten Dollars and Sixty-Eight Cents ($1,510.68) is hereby transferred from the “Receipts Reserved – Golf Course” account to various Group Insurance Lines in accordance with the recommendation of Her Honor the Mayor.
January 19191-5177 SS/Med 49.56
19141-5174 Health Ins 863.38
19141-5182 Life Ins 12.38
19141-5181 Dental Ins 57.56
19101-5178 Retirement 527.80
Total 1,510.68
#158 – TINKERS ISLAND THREE YEAR AGREEMENT
The following Order, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs and co-posted with the Committee of the Whole.
ORDERED: That the Mayor is hereby authorized to execute a three-year license agreement between the City of Salem and the Tinkers Island Association, Inc. for the use of Tinkers Island located in Salem Harbor.
#159 – SIX MONTH EXTENSION OF LEASE AGREEMENT WITH NORTHSIDE CARTING
The following Order, recommended by the Mayor, was referred to the Committee on Administration and Finance and co-posted with the Committee of the Whole.
ORDERED: That the Mayor is hereby authorized to execute a six-month extension to the Lease Agreement between the City of Salem and Northside Carting, Inc. for the use of the City’s solid waste Transfer Station. The existing lease shall expire on February 28, 2007 and a six-month extension until August 31, 2007 shall enable the City to review and evaluate proposals submitted in response to the City’s Request for Proposal for the Transfer Station issued on February 5, 2007.
#160 – ORDINANCE AMENDING POLICE DEPT. AUTOMATED PHOTOGRAPHIC TRAFFIC ENFORCEMENT SYSTEM
The following Ordinance, recommended by the Mayor, was referred to the Committee on Ordinances, Licenses and Legal Affairs.
In the year two thousand and seven
An Ordinance to amend an Ordinance relative to the Police Department
Be it ordained by the City Council of the City of Salem, as follows:
Section 1. Chapter 32, Police is hereby amended by adding a new Article as follows:
“ARTICLE VI. AUTOMATED PHOTOGRAPHIC TRAFFIC ENFORCEMENT SYSTEM
Section 32-120. Preamble
WHEREAS, the City Council seeks to promote the health, safety and welfare of the citizens of the City of Salem; and
WHEREAS, pursuant to the Home Rule Amendment to the Massachusetts Constitution, Article II, Section 6, and the Massachusetts General Laws, Chapter 43B, Section 12, the City may adopt, amend or repeal local ordinances or by-laws not inconsistent with the Constitution or the Laws enacted by the General Court; and
WHERAS, pursuant to Massachusetts General Laws Chapter 89, Section 9, the City may enact local ordinances or by-laws designating intersections at which vehicular traffic shall stop before entering the intersection, and may erect and maintain traffic control devices; and
WHEREAS, pursuant to Massachusetts General Laws Chapter 90C, Section 3, if a Police Officer observes or has brought to the officer’s attention the occurrence of a civil motor vehicle infraction, the officer may issue a written warning or may cite the violator for a civil motor vehicle infraction; and
WHEREAS, pursuant to Massachusetts General Laws Chapter 90C, Section 2, a Police Officer shall record the occurrence of an automobile law violation upon a citation, whether or not the offense occurs within his presence; and
WHEREAS, pursuant to Massachusetts General Laws Chapter 90C, Section 2, where a violator of a traffic ordinance or by-law could not have been stopped or where additional time was reasonably necessary to determine the nature of the violation or the identity of the
violator, or where the court finds that a circumstance justifies, a police officer may issue a written citation by mail; and
WHEREAS, pursuant to Massachusetts General Laws Chapter 89, Section 9, except when directed to proceed by a Police Officer, every driver of a vehicle approaching a stop sign or a flashing red signal indication shall stop at a clearly marked stop line; and
WHEREAS, pursuant to Massachusetts General Laws Chapter 90, Section 17, no person operating a motor vehicle on any way shall run it at a rate of speed greater than is reasonable and proper; and
WHEREAS, the City’s concern over traffic accidents and related fatalities resulting from motorists running red lights and speeding is a legitimate public safety concern of the City which demands the implementation of reasonable regulations; and
WHEREAS, Automated Photographic Traffic Enforcement Systems help to bolster and support the efforts of the City’s law enforcement personnel in enforcing the City’s traffic rules and regulations; and
WHEREAS, it is the intent and purpose of this ordinance to increase safety, decrease fatalities, increase motorist’s consciousness, and reduce property loss due to motorists running red lights and speeding.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SALEM, MASSACHUSETTS that the Police Department is hereby authorized to implement systems to enforce local traffic rules, ordinances, and by-laws with the use of automated photographic traffic control devices that will record photographic images as prima facie evidence of traffic violations and will authorize the Police Department to issue civil citations and warning notices, or an agent thereof to perform ministerial functions with respect to the issuance of civil citations and warning notices for the violations.
32-131. Definitions
(a) Automated Photographic Traffic Enforcement System is any electronic system consisting of a photographic, video or electronic camera and a vehicle sensor installed to work in conjunction with an electrically operated traffic control sign, signal or device, in order to automatically produce photographs, video or digital images of each vehicle violating a standard traffic control sign, signal or device. Automated Photographic Traffic Enforcement Systems include, but are not limited to, Red Light Camera Programs and Automated Speeding Enforcement Programs.
(b) Automated Speeding Enforcement Program is an Automated Photographic Traffic Enforcement System used to enforce speeding violations.
(c) Red Light Camera Program is an Automated Photographic Traffic Enforcement System used to enforce red light traffic violations.
32-132 Administration
The Police Department shall have authority to review the photographic, digital or video images, and upon such review issue a warning or citation for traffic violations. The City may contract with third parties to perform administrative, ministerial or clerical functions necessary for issuing citations and implementing other provisions of the Automated Photographic Traffic Enforcement Systems.
Section 2. This Ordinance shall take effect as provided by City Charter.
#161 – COMMUNICATION, RESOLUTION FOR PROJECT APPLICATION AND T.I.F. FOR DOYLE SAILMAKERS, FALMER ASSOCIATES & GROOM CONSTRUCTION
The matter of a Communication and Resolutions to Authorize project application and Tax Increment Finance Agreements for Dolye Sailmakers, Falmer Associates and Groom Construction Company recommended by the Mayor, were referred to the Committee on Administration and Finance and co-post with the Committee of the Whole.
#161A – RESOLUTION 1 AUTHORIZED CERTIFIED PROJECT APPLICATION FOR DOYLE SAILMAKERS INC.
RESOLUTION 1
AUTHORIZING CERTIFIED PROJECT APPLICATION OF DOYLE
SAILMAKERS, INC.
WHEREAS, Doyle Sailmakers, Inc. has applied for designation as a Certified Project under the Massachusetts Economic Development Incentive Program created by Chapter 23A of Massachusetts General Laws;
WHEREAS, there is strong support for economic development and the use of Tax Increment Financing as an economic development tool to create jobs and encourage business expansion and relocation to the City of Salem;
WHEREAS, Doyle Sailmakers, Inc. meets the minimum standards of the Economic Development Incentive Program and the local economic development goals and criteria established as part of the documents creating the Beverly & Salem Regional Economic Target Area and the Salem Economic Opportunity Area;
WHEREAS, the proposed certified project is located at 96 Swampscott Road, Unit 8. The legal description of this property is as follows and is within the boundaries of the Salem Economic Opportunity Area:
That property situated in Salem in the County of Essex and Commonwealth of Massachusetts, described as follows:
96 Swampscott Road, Salem, Massachusetts, Unit 8, described in the UNIT DEED dated September 19, 2006 and filed on September 22, 2006 with the Essex South Registry District of the Land Court as Document Number 471783. The Unit is located in SALEM COMMERCE PARK CONDOMINIUM created by Master Deed dated April 24, 2005 and filed on April 27, 2006 with the Essex South Registry District of the Land Court as Document Number 466707, and noted on Certificate of Title Number C-20500, as amended by the First Amendment to the Master Deed dated June 2, 2006 and filed on June 13, 2006 with said Registry District as Document Number 468416, and as further amended by the Second Amendment to the Master Deed dated August 1, 2006, and filed on August 4, 2006 with said Registry
District as Document Number 470286, and by the Third Amendment to the Master Deed dated September 12, 2006 and filed on September 22, 2006 with said Registry District as Document Number 471780, in accordance with the provisions of G.L. c. 183A.
The UNIT contains the AREA listed in the UNIT DEED and is laid out as shown on the plans filed with the Master Deed and to which is affixed a verified statement in the form provided for in G.L. c. 183A, Section 9.
WHEREAS, The City of Salem has agreed to offer Doyle Sailmakers, Inc. a Tax Increment Financing Agreement;
WHEREAS, Doyle Sailmakers, Inc. will invest approximately $2,382,000.00 to construct a new manufacturing space and will retain 31 jobs and create 12 new permanent, full-time jobs for residents of the Beverly & Salem Regional Economic Target Area and the City in 5 years.
NOW THEREFORE BE IT RESOLVED that the Salem City Council approves the Certified Project application of Doyle Sailmakers, Inc. and forwards said application for certification to the Massachusetts Economic Assistance Coordinating Council for approval and endorsement.
#161B – RESOLUTION 2 AUTHORIZE TAX INCREMENT FINANCE AGREEMENT FOR DOYLE SAILMAKERS INC.
RESOLUTION 2
AUTHORIZING A TAX INCREMENT FINANCING AGREEMENT FOR DOYLE SAILMAKERS
WHEREAS, the City of Salem is part of the area designated the Beverly & Salem Regional Economic Target Area and the Salem Economic Opportunity Area;
WHEREAS, the Mayor of the City of Salem has prepared a Tax Increment Financing Agreement in accordance of Chapter 40 and 751 CMR 11.00;
WHEREAS, there is strong support for economic development and the use of Tax Increment Financing as an economic development tool to create jobs and encourage business expansion and relocation to the City of Salem;
WHEREAS, there is strong support for using Tax Increment Financing to encourage the relocation of Doyle Sailmakers, Inc. to the City of Salem and renovation of 96 Swampscott Road, Unit #8, the property owned by R & J Swampscott Road LLC and leased to Doyle Sailmakers, Inc.;
WHEREAS, this property is located in the Salem Economic Opportunity Area;
NOW THEREFORE BE IT RESOLVED by the Salem City Council that:
(1) The Tax Increment Financing Agreement be adopted as it has been substantially submitted to the City Council. A copy of said Tax Increment Financing Agreement is attached as Exhibit A, and made a part of this Resolution.
(2) The area to be designated as a Tax Increment Financing Zone is:
That property situated in Salem in the County of Essex and Commonwealth of Massachusetts described as follows:
96 Swampscott Road, Salem, Massachusetts, Unit 8, described in the UNIT DEED dated September 19, 2006 and filed on September 22, 2006 with the Essex South Registry District of the Land Court as Document Number 471783. The Unit is located in SALEM COMMERCE PARK CONDOMINIUM created by Master Deed dated April 24, 2006 and filed on April 27, 2006 with the Essex South Registry District of the Land Court as Document Number 466707, and noted on Certificate of Title Number C-205000, as amended by the First Amendment to the Master Deed dated June 2, 2006 and filed on June 13, 2006 with said Registry District as Document Number 468416,
and as further amended by the Second Amendment to the Master Deed dated August 1, 2006, and filed on August 4, 2006 with said Registry District as Document Number 470286, and by the Third Amendment to the Master Deed dated September 12, 2006 and filed on September 22, 2006 with said Registry District as Document Number 471780, in accordance with the provisions of G.L. c. 183A.
The UNIT contains the AREA listed in the UNIT DEED and is laid out as shown on the plans filed with the Master Deed and to which is affixed a verified statement in the form provided for in G.L. c. 183A, Section 9.
(3) A map of the Tax Increment Financing Zone is hereby attached as Exhibit B and made a part of this Ordinance.
(4) The Tax Increment Financing Agreement shall be binding on all subsequent owners of the property in the Tax Increment Financing Zone. The City of Salem reserves the right to review and renegotiate the Tax Increment Financing Agreement if the business activity ceases to be fully operational during the life of the Tax Increment Financing Agreement, as specified in the Tax Increment Financing Agreement.
(5) A copy of the adopted Tax Increment Financing Agreement shall be forwarded to the Massachusetts Economic Assistance coordinating Council for its approval.
(6) The effective date of the Tax Increment Financing Agreement shall be July 1, 2007 or the date which the Tax Increment Financing Agreement is approved by the Massachusetts Economic Assistance Coordinating Council, whichever is later.
(7) The Mayor is hereby authorized to execute and implement the Tax Increment Financing Agreement.
#161C- RESOLUTION 1 AUTHORIZED CERTIFIED PROJECT APPLICATION FOR FALMER ASSOCIATES INC.
RESOLUTION 1
AUTHORIZING CERTIFIED PROJECT APPLICATION OF THE FALMER ASSOCIATES, INC.
WHEREAS, The Falmer Associates, Inc. has applied for designation as a Certified Project under the Massachusetts Economic Development Incentive Program created by Chapter 23A of Massachusetts General Laws;
WHEREAS, there is strong support for economic development and the use of Tax Increment
Financing as an economic development tool to create jobs and encourage business expansion and relocation to the City of Salem;
WHEREAS, The Falmer Associates, Inc. meets the minimum standards of the Economic Development Incentive Program and the local economic development goals and criteria established as part of the documents creating the Beverly & Salem Regional Economic Target Area and the Salem Economic Opportunity Area;
WHEREAS, the proposed certified project is located at 96 Swampscott Road, Unit 10. The legal description of this property is as follows and is within the boundaries of the Salem Economic Opportunity Area:
That property situated in Salem in the County of Essex and Commonwealth of Massachusetts, described as follows:
96 Swampscott Road, Salem, Massachusetts, Unit 10, described in the UNIT DEED dated August 1, 2006 and filed on August 4, 2006 with the Essex South Registry District of the Land Court as Document Number 470288. The Unit is located in SALEM COMMERCE PARK CONDOMINIUM created by Master Deed dated April 24, 2006 and filed on April 27, 2006 with the Essex South Registry District of the Land Court as Document Number 466707, and noted on Certificate of Title Number C-205000, as amended by the First Amendment to the Master Deed dated June 2, 2006 and filed on June 13, 2006 with said Registry District as Document Number 468416, and as further amended by the Second Amendment to the Master Deed dated August 1, 2006, and filed on August 4, 2006 with said Registry District as Document Number 470286, and by the
Third Amendment to the Master Deed dated September 12, 2006 and filed on September 22, 2006 with said Registry District as Document Number 471780, in accordance with the provisions of G.L. c. 183A.
The UNIT contains the AREA listed in the UNIT DEED and is laid out as shown on the plans filed with the Master Deed and to which is affixed a verified statement in the form provided for in G.L. c. 183A, Section 9.
WHEREAS, the City of Salem has agreed to offer The Falmer Associates, Inc. a Tax Increment Financing Agreement;
WHEREAS, The Falmer Associates, Inc. will invest approximately $856,400 to construct a new manufacturing space and will retain 4 jobs and create 7 new permanent, full-time jobs for residents of the Beverly & Salem Regional Economic Target Area and the City in 5 years.
NOW THEREFORE BE IT RESOLVED that the Salem City Council approves the Certified Project application of The Falmer Associates, Inc. and forwards said application for certification to the Massachusetts Economic Assistance Coordinating Council for approval and endorsement.
#161D – RESOLUTION 2 AUTHORIZING A TAX INCREMENT FINANCING AGREEMENT FOR FALMER ASSOCIATES, INC.
RESOLUTION 2
AUTHORIZING A TAX INCREMENT FINANCING AGREEMENT FOR THE FALMER ASSOCIATES, INC.
WHEREAS, the City of Salem is part of the area designated the Beverly & Salem Regional Economic Target Area and the Salem Economic Opportunity Area;
WHEREAS, the Mayor of the City of Salem has prepared a Tax Increment Financing Agreement in accordance of Chapter 40 and 751 CMR 11.00;
WHEREAS, there is strong support for economic development and the use of Tax Increment Financing as an economic development tool to create jobs and encourage business expansion and relocation to the City of Salem;
WHEREAS, there is strong support for using Tax Increment Financing to encourage the relocation of The Falmer Associates, Inc. to the City of Salem and renovation of 96 Swampscott Road, Unit #10, the property owned by Swampscott Road Associates LLC and leased to The Falmer Associates, Inc.;
WHEREAS, this property is located in the Salem Economic Opportunity Area;
NOW THEREFORE BE IT RESOLVED by the Salem City Council that:
(3) The Tax Increment Financing Agreement be adopted as it has been substantially submitted to the City Council. A copy of said Tax Increment Financing Agreement is attached as Exhibit A, and made a part of this Resolution.
(4) The area to be designated as a Tax Increment Financing Zone is:
That property situated in Salem in the County of Essex and Commonwealth of Massachusetts described as follows:
96 Swampscott Road, Salem, Massachusetts, Unit 10, described in the UNIT DEED dated August 1, 2006 and filed on August 4, 2006 with the Essex South Registry District of the Land Court as Document Number 470288. The Unit is located in SALEM COMMERCE PARK CONDOMINIUM created by Master Deed dated April 24, 2006 and filed on April 27, 2006 with the Essex South Registry District of the Land Court as Document Number 466707, and noted on Certificate of Title Number C-205000, as amended by the First Amendment to the Master Deed dated June 2, 2006 and filed on June 13, 2006 with said Registry District as Document Number 468416, and as further amended by the Second Amendment to the Master Deed dated August 1, 2006, and filed on August 4, 2006 with said Registry District as Document Number 470286, and by the
Third Amendment to the Master Deed dated September 12, 2006 and filed on September 22, 2006 with said Registry District as Document Number 471780, in accordance with the provisions of G.L. c. 183A.
The UNIT contains the AREA listed in the UNIT DEED and is laid out as shown on the plans filed with the Master Deed and to which is affixed a verified statement in the form provided for in G.L. c. 183A, Section 9.
(8) A map of the Tax Increment Financing Zone is hereby attached as Exhibit B and made a part of this Ordinance.
(9) The Tax Increment Financing Agreement shall be binding on all subsequent owners of the property in the Tax Increment Financing Zone. The City of Salem reserves the right to review and renegotiate the Tax Increment Financing Agreement if the business activity ceases to be fully operational during the life of the Tax Increment Financing Agreement, as specified in the Tax Increment Financing Agreement.
(10) A copy of the adopted Tax Increment Financing Agreement shall be forwarded to the Massachusetts Economic Assistance Coordinating Council for its approval.
(11) The effective date of the Tax Increment Financing Agreement shall be July 1, 2007 or the date which the Tax Increment Financing Agreement is approved by the Massachusetts Economic Assistance Coordinating Council, whichever is later.
(12) The Mayor is hereby authorized to execute and implement the Tax Increment Financing Agreement.
#161E – RESOLUTION 1 AUTHORIZE CERTIFIED PROJECT APPLICATION OF GROOM CONSTRUCTION CO. INC.
RESOLUTION 1
AUTHORIZING CERTIFIED PROJECT APPLICATION OF GROOM CONSTRUCTION CO., INC.
WHEREAS, Groom Construction Co., Inc. has applied for designation as a Certified Project under the Massachusetts Economic Development Incentive Program created by Chapter 23A of Massachusetts General Laws;
WHEREAS, there is strong support for economic development and the use of Tax Increment Financing as an economic development tool to create jobs and encourage business expansion and relocation to the City of Salem;
WHEREAS, Groom Construction Co., Inc. meets the minimum standards of the Economic Development Incentive Program and the local economic development goals and criteria established as part of the documents creating the Beverly & Salem Regional Economic Target Area and the Salem Economic Opportunity Area;
WHEREAS, the proposed certified project is located at 96 Swampscott Road, Unit 6. The legal description of this property is as follows and is within the boundaries of the Salem Economic Opportunity Area:
That property situated in Salem in the County of Essex and Commonwealth of Massachusetts, described as follows:
96 Swampscott Road, Salem, Massachusetts, Unit 6, described in the UNIT DEED dated June 13, 2006 and filed on June 16, 2006 with the Essex South Registry District of the Land Court as Document Number 468588. The Unit is located in SALEM COMMERCE PARK CONDOMINIUM created by Master Deed dated April 24, 2006 and filed on April 27, 2006 with the Essex South Registry District of the Land Court as Document Number 466707, and noted on Certificate of Title Number C-205000, as amended by the First Amendment to the Master Deed dated June 2, 2006 and filed on June 13, 2006 with said Registry District as Document Number 468416, and as further amended by the Second Amendment to the Master Deed dated August 1, 2006, and filed on August 4, 2006 with said Registry District as Document Number 470286, and by the
Third Amendment to the Master Deed dated September 12, 2006 and filed on September 22, 2006 with said Registry District as Document Number 471780, in accordance with the provisions of G.L. c. 183A.
The UNIT contains the AREA listed in the UNIT DEED and is laid out as shown on the plans filed with the Master Deed and to which is affixed a verified statement in the form provided for in G.L. c. 183A, Section 9.
WHEREAS, the City of Salem has agreed to offer Groom Construction Co., Inc. a Tax Increment Financing Agreement;
WHEREAS, Groom Construction Co., Inc. will invest approximately $1,725,000 to construct a new manufacturing space and will retain 71 jobs and create 28 new permanent, full-time jobs for residents of the Beverly & Salem Regional Economic Target Area and the City in 5 years.
NOW THEREFORE BE IT RESOLVED that the Salem City Council approves the Certified Project application of Groom Construction Co., Inc. and forwards said application for certification to the Massachusetts Economic Assistance Coordinating Council for approval and endorsement.
#161F – RESOLUTION 2 AUTHORIZING TAX INCREMENT FINANCING AGREEMENT FOR GROOM CONSTRUCTION CO. INC.
RESOLUTION 2
AUTHORIZING A TAX INCREMENT FINANCING AGREEMENT FOR GROOM CONSTRUCTION CO., INC.
WHEREAS, the City of Salem is part of the area designated the Beverly & Salem Regional Economic Target Area and the Salem Economic Opportunity Area;
WHEREAS, the Mayor of the City of Salem has prepared a Tax Increment Financing Agreement in accordance of Chapter 40 and 751 CMR 11.00;
WHEREAS, there is strong support for economic development and the use of Tax Increment Financing as an economic development tool to create jobs and encourage business expansion and relocation to the City of Salem;
WHEREAS, there is strong support for using Tax Increment Financing to encourage the relocation of Groom Construction Co., Inc. to the City of Salem and renovation of 96 Swampscott Road, Unit #6, the property owned by Groom Realty LLC and leased to Groom Construction Co., Inc.;
WHEREAS, this property is located in the Salem Economic Opportunity Area;
NOW THEREFORE BE IT RESOLVED by the Salem City Council that:
(5) The Tax Increment Financing Agreement be adopted as it has been substantially submitted to the City Council. A copy of said Tax Increment Financing Agreement is attached as Exhibit A, and made a part of this Resolution.
(6) The area to be designated as a Tax Increment Financing Zone is:
That property situated in Salem in the County of Essex and Commonwealth of Massachusetts described as follows:
96 Swampscott Road, Salem, Massachusetts, Unit 6, described in the UNIT DEED dated June 13, 2006 and filed on June 16, 2006 with the Essex South Registry District of the Land Court as Document Number 468588. The Unit is located in SALEM COMMERCE PARK CONDOMINIUM created by Master Deed dated April 24, 2006 and filed on April 27, 2006 with the Essex South Registry District of the Land Court as Document Number 466707, and noted on Certificate of Title Number C-205000, as amended by the First Amendment to the Master Deed dated June 2, 2006 and filed on June 13, 2006 with said Registry District as Document Number 468416, and as further amended by the Second Amendment to the Master Deed dated August 1, 2006, and filed on August 4, 2006 with said Registry District as Document Number 470286, and by the
Third Amendment to the Master Deed dated September 12, 2006 and filed on September 22, 2006 with said Registry District as Document Number 471780, in accordance with the provisions of G.L. c. 183A.
The UNIT contains the AREA listed in the UNIT DEED and is laid out as shown on the plans filed with the Master Deed and to which is affixed a verified statement in the form provided for in G.L. c. 183A, Section 9.
(13) A map of the Tax Increment Financing Zone is hereby attached as Exhibit B and made a part of this Ordinance.
(14) The Tax Increment Financing Agreement shall be binding on all subsequent owners of the property in the Tax Increment Financing Zone. The City of Salem reserves the right to review and renegotiate the Tax Increment Financing Agreement if the business activity ceases to be fully operational during the life of the Tax Increment Financing Agreement, as specified in the Tax Increment Financing Agreement.
(15) A copy of the adopted Tax Increment Financing Agreement shall be forwarded to the Massachusetts Economic Assistance coordinating Council for its approval.
(16) The effective date of the Tax Increment Financing Agreement shall be July 1, 2007 or the date which the Tax Increment Financing Agreement is approved by the Massachusetts Economic Assistance Coordinating Council, whichever is later.
(17) The Mayor is hereby authorized to execute and implement the Tax Increment Financing Agreement.
#162 – APPR. PUBLIC SERVICES – WATER EQUIPMENT
The following Order received after the deadline of Tuesday Noon. Councillor Prevey moved the matter be referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Two Hundred and Five Thousand Dollars ($205,000.00) is hereby appropriated from the “Retained Earning – Water Fund” account to the “Public Services – Water Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#163 – APPR. PUBLIC SERVICES – WATER EQUIPMENT
The following Order received after the deadline of Tuesday Noon. Councillor Prevey moved the matter be referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Thirty-NineThousand, Two Hundred and Eighty-Four Dollars and Fifty Cents ($39,284.50) is hereby appropriated from the “Retained Earning – Water Fund” account to the “Public Services – Water Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#164 – APPR. PUBLIC SERVICES – SEWER EQUIPMENT
The following Order received after the deadline of Tuesday Noon. Councillor Prevey moved the matter be referred to the Committee on Administration and Finance under the rules.
ORDERED: That the sum of Thirty-NineThousand Two Hundred and Eighty-Four Dollars and Fifty Cents ($39,284.50) is hereby appropriated from the “Retained Earning – Sewer Fund” account to the “Public Services – Sewer Equipment” account in accordance with the recommendation of Her Honor the Mayor.
#165 – PUBLIC HEARING ON PROPOSAL TO MAKE FLINT STREET A ONE-WAY
Councillor Prevey introduced the following Order, which was adopted.
ORDERED: That the City hold a public hearing to examine the proposal of turning Flint Street between Bridge and Mason into a one-way street. That this matter be referred to the Committee on Government Services and co-posted with the Committee of the Whole. The Committee should invite Lt. Robert Preczewski of the Police Department, the Fire Chief and abutting businesses and residents.
#166 – (#129 - #135, #137 -#142) GRANTING CERTAIN LICENSES
Councillor O’Keefe 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 that the following be granted.
JUNK DEALER Fred Hutchinson, 15 Robinson Road, Salem
PAWNBROKER Salem Loan & Jewelry, 33 New Derby Street, Salem
PUBLIC GUIDE Carole Hartling, 37 Peach Highlands, Marblehead
Merrill Kohlhofor, 44 Beaver Street, Salem
James McAllister, 86 Federal Street, Salem
Herb Van Dam, 361 Lafayette Street, Salem
SECOND HAND Compliments Resale Boutique, 132 Boston Street, Salem
CLOTHING
SECOND HAND
VALUABLE Salem Loan & Jewelry, 33 New Derby Street, Salem
TAG DAY S.H.S. Boys Lacrosse, March 10, 2007
S.H.S. Girls Track Team, March 24, 2007 & May 26, 2007
S.H.S. Baseball, April 28, 2007
S.H.S. Boys Lacrosse, May 5, 2007
TAXI OPERATOR Jose Diaz, 7 Broad St. Apt. #2, Lynn
Alejandro Pena, 105 Congress St., Salem
David Beauchamps, 45 Endicott St., Salem
Juan Velez, 197 North St. #2, Salem
Scott Boyle, 73 High St. A-2R, Rockport
#167 – (#18) – ORDINANCE AMENDING WATER, SEWER AND PAYMENT OF BILLS
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of an Ordinance amending Chapter 46 relative to Water, Sewer and Payments of Bills, has considered said matter and would recommend sending back to full Council with no recommendation.
Councillor O’Leary moved to hold a Public Hearing. It was so voted.
#168 – (#17) – ACCEPT M.G.L. CH. 39, SEC. 23D
Councillor O’Keefe offered the following report for the Committee on Ordinances, Licenses and Legal Affairs. It was voted to accept the report and adopt the recommendation by roll call vote of 7 yeas, 3 nays, 1 absent. Councillors Prevey, Pelletier, O’Keefe, Lovely, Furey, Corchado and
Veno were recorded as voting in the affirmative. Councillors Sosnowski, O’Leary and Blair were recorded as voting in the negative. Councillor Sargent was recorded as absent.
The Committee on Ordinances, Licenses and Legal Affairs to whom was referred the matter of accepting Massachusetts General Law Chapter 39, Section 23D, has considered said matter and would recommend sending back to full Council with no recommendation.
#169 – REQUEST TO HOLD ANNUAL HAWC WALK
The request from Candace Waldron Executive Director of HAWC for use of city streets to hold their annual walk on Sunday, April 29, 2007 was referred to the Committee on Ordinances, Licenses and Legal Affairs.
#170 - #171 – LICENSE APPLICATIONS
The following License applications were referred to the Committee on Ordinances, Licenses and Legal Affairs.
SECOND HAND Modern Millie, 103 Washington St., Salem
CLOTHING
TAXI OPERATOR Jeffrey Dennis, 117 Lafayette St., Salem
Mark Adams, 59 Goodale St., Peabody
Camilo DiVanne, 113, Loring Ave., Salem
Wilson Pena, 37 Bowditch St., Peabody
#172 – DRAINLAYER / CONTRACT OPERATOR LICENSES
The Following Drainlayer / Contract Operator licenses applications were granted.
Peterson Enterprises, 210 Broadway, Lynn
#173 – CLAIM
The Following Claim was referred to the Committee on Ordinances, Licenses and Legal Affairs.
Bruce C. Ferriero, 6 Jill’s Way, Peabody
(#115) – SECOND PASSAGE – ORDINANCE TRAFFIC, STOP SIGN, ROSE STREET
The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec. 49, Obedience to Isolated Stop Sign, Rose Street, was then taken up. The Ordinance was adopted for second and final passage.
(#122) SECOND PASSAGE – ORDINANCE TRAFFIC, PARKING PROHIBITED, FLINT STREET
The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec. 51, Parking Prohibited, Flint Street, was then taken up. The Ordinance was referred to the Committee on Government Services.
(#123) – SECOND PASSAGE – ORDINANCE TRAFFIC, REPEAL HANDICAP PARKING, DUNLAP STREET
The matter of second and final passage of an Ordinance amending Traffic, Ch. 42, Sec. 50B, Handicap Zone, Limited Time, Repeal in front of #25 Dunlap Street, was then taken up. The Ordinance was adopted for second and final passage.
On the motion of Councillor O’Keefe the meeting adjourned at 8:02 P.M.
ATTEST: CHERYL A. LAPOINTE
CITY CLERK
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