1995-08-23155
SPECIAL MEETING OF THE BEVERLY CITI COUNCIL, AUGUST 23, 1995 at 7|00 P.M.
ROLL CALL:
Present: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray,
Troubetaris, Nardella
Absent: None
Rollins,
PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Mahan
COMMUNICATIONS FROM HIS HONOR THE MAYOR:
#318A
Mrs. Constance Perron
City Clerk
Dear Mrs. Perron:
I hereby request a Special Meeting of the Beverly City Council to be held on
Wednesday, August 23, 1995 at 7:00 p.m. in the Council Chamber, third floor,
City Hall for the purpose of submitting nominations to various Boards and
Commissions.
Agenda:
Roll Call
Pledge of Allegiance to the Flag
Communications from His Honor the Mayor
Communications from other City Officers and Boards
Communications, Petitions, etc.
Committee Reports
Unfinished Business
Motions and Orders
Very truly yours,
William F. Scanlon, Jr., Mayor
Received and Placed on File
#319
Beverly City Council
City Hall
Beverly, MA 01915
Ladies and Gentlemen of the Council:
As you know, in the spring of 1994 the Briscoe School Re-use Commission was
reactivated in order to explore and recommend a beneficial re-use for the
site. Over the last year and a half the Commission, led by Neiland Douglas,
has been investigating alternative re-use options. This investigation
included the hiring of an architectural firm and marketing consultant to
prepare a feasibility study of the different redevelopment options available
for the site. The study recommended several re-use scenarios which included
both residential and office uses.
Following the completion of a feasibility study, the Commission solicited
proposals from organizations interested in redeveloping the site in
accordance with the reuse alternatives outlined in the feasibility study, as
well as more specific criteria outlined in the Commission's Request for
Proposals (RFP).
The Commission received four proposals for redevelopment of the site. all
four of the proposals called on some form of residential housing for re-use
of the former school. Upon receipt of the proposals, Commission members
immediately began the task of reviewing the same in order to assess and
evaluate each proposal in relation to the selection criteria outlined in the
RFP. Approximately two weeks following the submission of proposals, the
Commission made a unanimous decision to recommend that Simsbury Associates be
selected as the developer for the Briscoe School. The Simsbury proposal
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includes the creation of 79 units of elderly, assisted living housing, as
well as a 5,000 square foot day care center to be operated by the Beverly
Children's Learning Center. The Briscoe School Re-Use Commission has
prepared the attached Final Report which outlines the methodology employed by
the commission in making a recommendation.
Upon learning of the commission's recommendation, I met with the principals
of Simsbury Associates to discuss their proposed project in greater detail.
Given the fact that the Briscoe School is located on a compact site, my
initial concern regarding the project involved the availability of on -site
parking. Following further discussions with Simsbury Associates and
additional investigation of site design options, I am confident that the
project will be able to adequately service the parking needs of the proposed
development, as well as provide opportunities for those who currently park on
site. It is my intention to ensure that this development will not impose
additional parking burdens on those who live and work in the neighborhood,
thereby maintaining a "parking neutral" environment.
In addition to resolving initial parking concerns, over the last six weeks
the team from Simsbury Associates has also been working with City officials
to review proposed purchase and sale terms. At the present time, a draft
option agreement has been prepared that would give the developer six months
to finalize design plans and secure financing. A draft copy of the option
agreement is attached for your review. this agreement will provide Simsbury
Associates with evidence of site control, which is required in order to apply
for the necessary project financing and permits.
In consideration of the aforementioned, I am writing to request that the
former Briscoe School be declared surplus property and that Simsbury
Associates be designated the developer for the site. In addition, I am
seeking authorization to execute an agreement for the purchase and sale of
the former school building. I have attached a draft Order for your
consideration.
Thank you for your consideration in this matter.
Sincerely,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE OF THE WHOLE AND THE
PROPERTY
COMMITTEE ON FINANCE AND
#320
Honorable City Council
City Hall
Dear Honorable Council:
As you know, the City was recently awarded a $1,000,000 grant from the
Massachusetts Highway Department Public Works Economic Development (PWED)
Program. This funding will be utilized to help pay for the design and
construction of a proposed, new roadway to be located adjacent to the Beverly
Municipal Airport. The construction of this roadway and the installation of
water and sewer lines will allow further development within this currently
underutilized industrially zoned area. If fully developed, it is anticipated
that this area could prove an additional $2,000,000 in annual tax revenues to
the City.
The PWED Grant Program was established to help fund transportation related
projects that enhance economic opportunities within local cities and towns.
PWED funds must be expended in accordance with the following scope of work,
as outlined in the grant agreement:
Engineering and Design Activities
Excavation, Filling and Grading
Paving
Drainage
Curbing
Sidewalks
Lighting
Landscaping
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The City has proposed that this funding be allocated to the project in the
form of a 0% loan that will be repaid as the property is developed. The City
anticipates assessing a per acre or per lot fee to each development that is
constructed as a result of the new roadway. Thus, all grant funds will be
returned to the City for use on other municipal projects.
At the present time, I am writing to request authorization to execute the
necessary grant contract as required for acceptance of the PWED Grant. City
Solicitor Marshall Handly has reviewed the contract and determined that the
document does not bind the City to construct the roadway. Execution of the
contract will merely ensure that this funding is in place in the event that
the roadway project proceeds to construction.
Thank you for your consideration of this matter.
Sincerely,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE OF THE WHOLE
#321
Honorable City Council
City Hall
Dear Honorable Council:
I hereby request that authorization be given this evening to execute the
necessary grant contract for acceptance of the Massachusetts Highway
Department Public Works Economic Development (PWED) Program as per my
attached communication.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE OF THE WHOLE
#322
Honorable City Council
City Hall
Dear Honorable Council:
I hereby submit for
individuals to serve
Council:
your information the appointment of the following
as members of the Economic and Community Development
Mr. Nicholas Zavolas
78 Lovett Street
Beverly, MA 01915
Ms. Melissa Nicholson
Executive Director
Beverly Chamber of Commerce
248 Cabot Street
Beverly, MA 01915
Very truly yours,
William F. Scanlon, Jr., Mayor
RECEIVED AND PLACED ON FILE
#323
Honorable City Council
City Hall
Dear Honorable Council:
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I hereby appoint, subject to your confirmation, the attached list of Beverly
registered voters as election workers for the 1995 elections and the
Presidential Primary on March 5, 1996.
Attached is communication from City Clerk Constance Perron concerning these
appointments.
Very truly yours,
William F. Scanlon, Jr., Mayor
LAID OVER FOR CONFIRMATION
#324
Beverly City Council
City Hall
Ladies and Gentlemen of the Council:
I am writing in order to request authorization to fill the position of
Community Development Assistant for Public Infrastructure Projects, within
the City's Community Development Office.
As you know, EOCD recently lifted the freeze on the City's FY91 Community
Development Block Grant (CDBG) funding. This funding will enable the City of
provide the following types of programs to Beverly residents:
* low interest housing rehabilitation loans to income eligible
borrowers;
* loans and technical assistance to income eligible small business
owners and entrepreneurs;
* funding for nine public social service agencies operating within the
City, and
* public infrastructure improvements including sidewalk repairs, street
resurfacing and park improvements.
As you know, funding for public infrastructure projects, such as sidewalk
repairs and street resurfacing, has been severely curtailed over the last
several years due to the municipal deficit. The FY91 CDBG Grant contains over
$150,000 for public infrastructure improvement projects within the downtown
neighborhood. Due to the suspension of program operations within the
Community Development Office, the City has not been able to initiate any of
the proposed improvements outlined in the FY91 CDBG Grant. This is
especially troublesome considering the fact that funding for these types of
improvements has been cut back in prior years.
It is also important to note that since the proposed public infrastructure
projects have not been initiated as of yet, none of the grant funds for these
activities have been expended to date. Given the fact that this funding was
awarded in 1992, it is imperative that the City begin the implementation of
these activities as soon as possible. Most municipalities in the
Commonwealth have already closed out their grant awards for FY91 funds and
therefore, can show a clear cut need for additional monies. The City
recently submitted an application seeking FY95 CDBG funds and given the fact
that funding awards are based on need, it would behoove us to implement the
projects described in the FY91 CDBG Grant and begin to draw down grant funds
as soon as possible.
With this in mind, I am requesting permission to fill a position in the
Community Development Office to oversee the administration of the public
infrastructure improvement projects that are currently included in the FY91
CDBG Grant. This position will be entirely funded with grant monies and will
not impact the current municipal budget in any manner. Currently, the
Community Development Office is staffed by a Director, a Community
Development Assistant for Housing and Social Service Programs, a
Rehabilitation Specialist and a Financial Administrator/Secretary. For the
last two weeks an individual consultant has been working in the Community
Development Office preparing bid documents and contract specifications for
many of the infrastructure improvement projects that are proposed as part of
the grant. The proposed position, Community Development Assistant for Public
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Infrastructure Projects, will bring the total number of employees in the
Office to five. Given the nature and extent of the programs conducted within
the Office, I feel that the hiring of an additional employee is necessary in
order to ensure that activities are administered in a timely and efficient
manner. Moreover, by hiring an additional employee the Community Development
Office will be able to begin expending our FY91 CDBG funds on much needed
public infrastructure improvement projects, as outlined in the grant.
I respectfully request authorization to fill the grant funded position of
Community Development Assistant for Public Infrastructure Projects, as soon
as possible.
Thank you for your consideration of this matter.
Sincerely,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#325
Honorable City Council
City Hall
Dear Honorable Council:
As you all know, the recent death of Police Officer Michael Bonaiuto has left
his widow with three children aged 5 or less. Officer Bonaiuto had worked
for the City of Beverly for over 9 years. His widow is entitled to a
Member's Survival Benefit of $8299 per year. Part of that benefit will
expire with the emancipation of the children. The balance of approximately
$4700 will remain with Mrs. Bonaiuto.
I am introducing for your consideration a request that a special benefit be
established for the Bonaiuto family of $1000 per month. It would be paid for
by the City of Beverly and administered by the Retirement Board. It would
continue at least until the youngest Bonaiuto child was emancipated and, if
Mrs. Bonaiuto does not remarry, throughout her life.
I make this recommendation on behalf of a person who was committed to working
for the City of Beverly whose family is in need. I make it not because
Michael Bonaiuto was a policeman. I make it with the understanding that if
another similar situation involving an employee fully committed to a career
with the City and having a young family were to develop that I would support
similar action whether the employee was from the Department of Public Works,
City Hall or elsewhere.
It has come to my attention that consistent personnel policies regarding
Public Safety Officers disabilities have been lacking in the City for many
years and in order to give you as much perspective as possible in reflecting
on the Bonaiuto matter I also direct your attention to the attached
memorandum from the City Solicitor regarding General Law Chapter 41, Section
lllF. Discussion of the latter matter will likely involve Executive Session
and both the City Solicitor and I are desirous of appearing before you in
that regard.
Very truly yours,
William F. Scanlon, Jr., Mayor
REFERRED TO THE COMMITTEE OF THE WHOLE
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COI~4UNICATIONS FROM OTHER CITT OFFICERS/~IND BOARDS:
#326
Constance E. Perron
City of Beverly
Re: Order #253 (South Parcel Rezoning)
Dear Ms. Perton:
I am in receipt today of a "Waiver of Appeal" executed by all counsel on
behalf of all parties in the Superior Court action of Scanlon, et al. v.
HcHu~h, et al. This waiver is effective to finalize the judgment of the
Superior Court, and conclusively establishes the referendum petition
protesting the passage of the above referenced order as sufficient under the
applicable provisions of Chapter 43 of the general laws. Therefore, pursuant
to the provisions of GL c43 Section 42, the City Council must "immediately
reconsider such measure". Please bring Order #253 forward for
reconsideration by the Council, forthwith.
Thank you for your courtesy and for your assistance.
Very truly yours,
Marshall J. Handly,
City of Beverly
Solicitor
(Motion made by Councilor Coughlin, seconded by Councilor Golin to reconsider
Order #253 of 1994, as required. Order #253 read as follows:
Ordered: That the City Council of the City of Beverly adopt the
proposed zoning amendment, changing lots #105 and #106 of
Assessor's Map #19 from an IG Designation (General Industrial) to
a CG designation (General Commercial), in accordance with the
recommendation of the Planning Board.
Order passes by vote of 7-2, Coughlin and Gilmore opposed. Matter must now
appear on ballot in Municipal Election of November 7, 1995, as required.)
#327
The Honorable City Council
City of Beverly
Dear Councilors,
I am preparing the printing of the Charter for distribution to all households
in the City in accordance with State Law. While there is no obligation to
distribute the referendum questions in a similar manner, I believe it will be
less confusing to voters if I print the referendum question re to rezoning
the South Parcel of USM property at the same time. If voters received copies
of Question One - the Charter, they would wonder why they had not been
notified of Question Two - the referendum. Since it appears that both will
be on the November ballot, I would like to distribute copies of both
questions.
In order to accomplish this, the Secretary of State's office advises that I
need authorization from the Council and approval of the language of the
question. Therefore, I am requesting your permission at this meeting in
order to proceed with the printing as soon as possible. The questions, as
drafted by the City Solicitor, and in compliance with Chapter 41, Section 43
which governs such matters, is as follows:
Do you approve of the measure summarized below?
A measure, adopted by the City Council (Order #253), to change the zoning
classification of the so-called "South Parcel of the former USM property"
(that property bounded on the north by Elliott Street, on the East by
McPherson Drive, and on the southwest by the Bass River) from IG (General
Industrial) to CG (General Commercial).
I am available to answer any questions on this matter.
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Very truly yours,
Constance E. Perron, City Clerk
(Motion made and seconded to suspend the rules to allow discussion. Both
proponents and opponents review and express opinion on language. Motion made
to amend the question as follows:
Do you approve of the measure summarized below?
A measure, adopted by the City Council (Order #253, to change the zoning
classification of the so-called "South Parcel of the former USM property"
- Lots #105 and #106 of Assessors' Map #19 (that property bounded on the
north by Elliott Street, on the East by McPherson Drive, and on the southwest
by the Bass River) from IG (General Industrial) to CG (General Commercial)
Motion passes 9-0)
#328
Selectman Bruce Nardella
149 Dodge Street
Beverly, MA 01915
Dear Selectman Nardella,
I have enclosed a copy of my resignation to the Beverly Council on Aging for
your review.
I would like to take this opportunity to thank both you and the Beverly
Selectmen and women for the support you have offered me during my employment
as the Executive Director of the Beverly Council on Aging.
I sincerely regret leaving Beverly and I will always remember these two years
as happiest of my career. It was nice working with Selectmen and women who
really care about the elderly.
I sincerely hope that I will return someday.
wishing you much luck in all your future endeavors.
Very sincerely,
Paul Dolan-Pare, Executive Director
Beverly Council on Aging
RECEIVED AND PLACED ON FILE
#329
Honorable City Council
City Hall
Dear Council,
Re: Request for STOP sign, Tremont Street
Councilor Coughlin and I met with residents to look into placing a STOP sign
on Tremont Street at the intersection of Clifton Avenue. We have
investigated this location and found it does meet the warrants for a STOP
sign.
In accordance with the provisions of Chapter 89, Section 9, of the
massachusetts General Laws, and Chapter 14, Section 86 , of the Revised
Ordinances of the City of beverly, we request the following STOP sign:
ADD: Tremont Street, southwestbound drivers on Tremont Street
at Clifton Avenue.
Very truly yours,
Dennis Tarsook, Traffic Sergeant
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REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#330
Honorable City Council
City Hall
Dear Council,
Re: Request for STOP sign, Clifton Avenue
Councilor coughlin and I met with residents to look into placing STOP signs
on Clifton Avenue at the intersection of Tremont Street. We have
investigated this location, talked to Mike Karas, District 4 Highway
Engineers Traffic Division, and found it does meet some of the warrants for
STOP signs.
In accordance with the provisions of Chapter 89, Section 9, of the
Massachusetts General Laws, and Chapter 14, Section 86, of the Revised
Ordinances of the City of Beverly, we request the following STOP signs:
ADD: Clifton Avenue, southeastbound and northwestbound drivers
on Clifton Avenue at Tremont Street.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
#331
Dear Honorable Council:
I would like to request that the Auditor's Department be allowed to pay two
(2) invoices from last year, out of his fiscal year's budqet in the amount of
$549.50. These two bills were inadvertently misplaced ~hile my office was
closing out Accounts Payable for all city departments for the end of the
year.
They are for Phase One Office Products for $372.34 and for Salem Mailing
Service for $177.16.
Thank you for considering this matter.
Yours truly,
Donald Young, City Auditor
REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY
#332
City Council
City of Beverly
Dear Councilors,
I hereby recommend that the following be issued a Drain Layer's License in
the City of Beverly:
East Cost Excavating, Inc. - P. O. Box 95, Groveland, MA 01834
Attn: Michael Alesse
very truly yours,
George J. Zambouras, p. E.
Commissioner of Public Works
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
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~#333
Honorable City Council
Beverly City Hall
Ladies and Gentlemen of the Council:
The City of Beverly has recently submitted a proposal to the Metropolitan
Area Planning council (MAPC) for a project it would like included on the
Transportation Improvement Program (TIP) list for Intermodal Surface
Transportation Efficiency Act (ISTEA) funding for the Beverly Bicycle
corridor. I have enclosed a copy of the proposal for your information.
The proposal calls for the construction of a bicycle corridor along Route 127
and a portion of Route 1A as well as other roadways within Beverly.
Construction consists of signage and striping improvements, regrading
portions of the corridor, asphalt trails and sidewalks, and other amenities.
Because numerous bicyclists, runners and walkers utilize Routes 127 and 1A,
the City's intention is to construct a bicycle corridor which loops around
the City providing a safe transportation corridor for both commuter and
recreational users.
The Planning Department is seeking a letter of support from the City Council
for this project so that we may forward a copy to MAPC. The letter should be
addressed to Mayor William F. Scanlon Jr., at Beverly City Hall but forwarded
to the Planning Department.
If you have any questions or if you desire additional information, please do
not hesitate to contact Assistant Planning Director Debbie Hurlburt at
extension 173.
Thank you for your assistance in this matter.
Sincerely,
Tina Cassidy, Planning Director
(Motion made and seconded to send letter of support - motion passes 9-0)
#334
Honorable City Council
City Hall
Gentlemen and Ladies:
Re: Beverly Revised Ordinances Chapter 20, Article VI
I enclose herewith amendment to Beverly Revised Ordinances, Chapter 20,
Article VI Cross-Connection Control Program - Section 152-161(b).
This request is made in order to bring the ordinance into compliance with the
requirements of the Massachusetts Department of Environmental Protection and
to reflect various changes in state law and structure.
If you have any questions concerning this request, please feel free to call
me.
Very truly yours,
Marshall J. Handly, City Solicitor
REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
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COMMUNICATIONS, APPLICATIONS AND PETITIONS:
{335
RECEIVED
{336
RECEIVED
{311
REFERRED
{337
REFERRED
{313
REFERRED
{339
REFERRED
{340
REFERRED
{341
REFERRED
{342
Continental Cablevision report of Public Hearings before
Mass Cable TV Commission.
AND PLACED ON FILE - COPY TO CABLE THY ADVISORY COMMISSION
Massachusetts Electric Company notice of pole relocation
in front of MacDonald's restaurant during bridge
construction.
AND PLACED ON FILE
Subrogation from Plymouth Rock Assurance Corporation for
claim filed by Jane Roberts
TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
Claim - Christeen Friend, Worcester, MA
TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
Communication from DeCoulos and DeCoulos re Class III
Motor Vehicle License
TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
Communication from Karl Jansons re recycling ordinance
TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS
Communication from Daniel Boucher re location of dumpster
TO THE COMMITTEE ON PUBLIC SERVICE AND AID
Communication from Gordon Weeks re purchase of
Centerville Fire Station.
TO THE COMMITTEE ON FINANCE AND PROPERTY
Communication from Department of Environmental Protection
re Waterways License Application - Natalie Sousa Campbell
RECEIVED AND PLACED ON FILE - COPY OF HARBOR MANAGEMENT AUTHORITY AND
SOLICITOR
REPORTS FROM COMMITTEES:
{340
The Committee on Public Service and Aid to whom was referred the matter of
Request to place dumpster on Essex Street has considered said matter and be
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption.
ORDERED: That permission is hereby granted for placing a dumpster
at Essex Street, at rear of {237 Cabot Street during two
(2) phases of renovation, one in September and one in
October, as requested by Mr. and Mrs. Daniel Boucher in
attached communication
Order read once and adopted.
{320
The Committee of the Whole to whom was referred the matter of Mayor's request
for authorization to sign contract for Public Works Economic Development
Grant has considered said matter and begs leave to report as follows, to wit:
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Submit the accompanying order and recommend its adoption.
ORDERED:
That His Honor the Mayor be, and the same is hereby
authorized to execute the necessary grant contracts
required for acceptance of the $1.000,000 Public Works
Economic Development Grant the City recently received
from the Massachusetts Highway Department.
Order read once and adopted - 8-1 with Gilmore opposed.
MOTIONS AND ORDERS:
#343 By Councilor McGlynn
ORDERED:
That the Commissioner of Public Works be, and the same is
hereby ordered to make a study and recommendation
relative to the removal of a live tree at 7 Magnolia
Street.
REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID
#344 By Councilor Murray
WHEREAS:
On Friday Evening, August 4, 1995, Beverly Firefighter
Jerome Murphy, while off duty and fishing off the coast
of Beverly, observed a swimmer in distress; and
WHEREAS:
He alertly motored his boat to assist the man who was
some 500 feet offshore and struggling against a rip-tide;
and
WHEREAS:
Jerome Murphy secured a line around the swimmer to keep
him afloat and alerted other fishermen in the area to
assist.
WHEREAS:
with their help, he brought the exhausted swimmer safely
to shore. First-aid was administered and the swimmer was
taken by ambulance to Beverly Hospital where he was
treated and released.
NOW, THEREFORE, BE IT RESOLVED THAT WE, THE MEMBERS OF THE BEVERLY CITY
COUNCIL ADOPT THIS RESOLUTION OF APPRECIATION TO JEROME MURPHY, ACKNOWLEDGING
HIS HEROIC RESCUE OF GEORGE CROSS, A FORMER NEIGHBOR, WHO FOUND HIMSELF IN A
NEAR TRAGIC SITUATION OFF THE COAST OF BEVERLY. THE LIFESAVING EFFORT BY
JEROME MURPHY BRINGS HONOR TO THE BEVERLY FIRE DEPARTMENT AND THE ENTIRE
CITY.
Resolution read and adopted and signed by all members.
Motion to adjourn: 8:45 p.m.
Attest:
Constance E. Perron
City Clerk
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