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MINUTES- 01-24-2011

“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.




#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



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.

#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.








#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                        
                

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.


#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.






#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
                                


#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

#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