1999-06-077:55 PM #168 A Public Hearing re Petition of Bell Atlantic for underground conduit in Hale
St.
Referred to Public Service and Aid
Regular Meeting of Beverly City Council, 3UNE 7, 3.999
Roll Call: Councilors present were: Flaherty, Martin, McGlynn,
McMahon, Murray, Rollins, Van Liere and Gilmore. Councilor Troubetaris
was absent
Pledge of Allegiance to the Flag: Led by Councilor Murray
Acceptance of Minutes of Previous Meeting:
Minutes were held until meeting of June 21, 1999
Appointments:
Communications from His Honor the Mayor:
#204
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
In accord with the accompanying letter from the Chair of the Planning and Construction Committee it is
hereby requested that the sum of $19,908,096 be appropriated for the Hannah and Cove School projects.
This number represents the maximum number against which the State of Massachusetts will currently offer
reimbursement. Reimbursement in Beverly's case is currently at 64%. Our current expectation for the total
cost of the project using an 8% construction contingency factor is $18,550,206.
As recommended on the attached, we intend to award the construction contract for the two schools in the
amount of $14,289,000 to the Peabody Construction Company of Braintree, MA.
Approval of this appropriation and award of the contract during the month of June 1999 is essential to
maintain reimbursement eligibility. Please set a public hearing on this appropriation as soon as possible.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and Property
#205
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
In order to provide additional funding to our School District I hereby request that $400,000 be appropriated
from two State Aid revenue accounts which we know with certainty will be over budget for FY 1999.
Earlier this fiscal year, we received additional State Lottery Aid in the amount of $338,939. In addition, as a
result of a recent conversation with the Department of Education, we found that our School Transportation
Reimbursement will be in the amount of $273,010, compared to the $184,977 budgeted. The total positive
revenue variance in these two accounts is $426,972.
These ~nds will allow the schools to prepay costs for items such as needed textbooks and curriculum items
and special education tuitions.
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Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and Property
#206
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
In order to provide additional funding to our school district to complete necessary short- term improvements
to the Briscoe Middle School, it is hereby requested that $175,000 of revenues in excess of budget for FY
19999 be transferred to the Briscoe Middle School Renovation Account.
It is further requested that any favorable variances from this transfer or the $625,000 being transferred as a
result of the sale of the Hardie School be made available to the Superintendent of Schools to apply to the FY
2000 budget.
The positive revenue variance in Motor Vehicle Excise receipts now stands at over $186.000, which will be
the source of this transfer.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and ProDertV
#207
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached is a note from John Dunn to me summarizing various necessary financial transfers including
moneys for expected contract settlements. Please set a date for a public hearing on these transfers as soon as
possible.
Very truly yours,
William F. ScanIon, Jr., Mayor
Referred to Finance and Pronetry
Communications from Other City Officers and Boards:
#208
Honorable City Council
191 Cabot St.
Beverly, MA 01915
Dear Councilors:
As you are aware, the City of Beverly has two affordable housing development units,
which were approved by the Board of Alderman and the Board of Appeals several years
ago. Dunham Castle Condominiums on Dunham Road and Dane Square Condominiums
on Dane Street were approved in the late 1980's with conditions. One specific condition
indicates that a certain number of units in each development be set aside for first-time
homebuyers from Beverly.
Whenever the owner of one of these affordable housing units wishes to sell his or her
condominium, the deed restriction for the units require the owner to notify the City. The
City then attempts to find a buyer who meets lhe specified eligibility requirements, usually
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with success.
The guidelines and deed restrictions that go with each affordable housing unit also require
that the City be given the option of purchasing the unit. If the City decides not to exercise
the option, it must execute a "Waiver of Right of First Refusal." This waiver only applies to
the transfer in question at the time, the deed restriction requires that such a waiver be
signed before each and every change in ownership.
The owner of Unit #108, 36 Dunham Road, Christopher J. Murphy, is in the process of selling
his unit. 'Accordingly, I am forwarding the attached Waiver of Right of First Refusal to the
Council for its consideration, and hopefully, its authorization for the Mayor to execute the
waiver on the City's behalf.
Thank you for your consideration of this request. If you have any questions on the process
or the waiver itself, please do not hesitate fo contact me at extension 173.
Respectfully submitted,
Debra A. Hurlburr
Assistant Planning Director
Referred to Leaal Affairs and Accounts
#43
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Councilors:
RE Various Proposed Amendments to the Zoning Ordinance
Dear Members of the Council:
Last month, the Planning Board forwarded recommendations to you on several of the
proposed zoning amendments contained in the Order referenced above. A copy of
those prior recommendations are attached to this letter for your information. At a meeting
of the Beverly Planning Board held on Tuesday, May 18, 1999, members of the Board
considered several additional amendments proposed in Order #43 and made the
following recommendations:
Revised definition of home occupation and transfer of permitting authority to the
City Council: Recommend the proposed amendment NOT be adopted.
,
Implement fees for Design Review Board filings: Recommend the proposed
amendment be adopted.
Amended parking calculation based on square footage (Section 29-24):
Recommend the proposed amendment NOT be adopted
There are two remaining components of the Order on which the Board has yet to
formulate recommendations. With respect to the amendments regarding provisions for
pedestrian access ways in parking areas, the Board has asked the Building Inspector to
provide recommended dimensions for the access ways prior to formulating a
recommendation. With respect to the adoption of Overlay District being enacted as
independent ordinances, the Board has invited City Solicitor Marshall Handly to provide
legal input to the Board on the issue prior to voting on the matter.
The Board hopes to make recommendations on the remaining issues outlined in the
previous paragraph at its upcoming meeting on June 15m. If you have any questions with
respect to the Board's recommendations in the meantime, please feel free to contact City
Planner Tina Cassidy at 921-6000 Extension 173
Respectfully,
Richard Dinkin, Chairperson
Referred to Leaal Affairs and Accounts
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#109
Honorable City council
191 Cabot St.
Beverly, MA
RE Creation of Municipal Open Space and Recreation Zoning District and Rezoning of lots
to the new Zoning District.
Dear Members of the Council:
Following a Joint Public Hearing between the City Council and Planning Board held on
Monday, May 17, 1999, members of the Board discussed the above-referenced Order and
the comments made during the public hearing.
Following a brief discussion, members voted unanimously to recommend that the Order
be adopted as proposed.
Please feel free to contact City Planner Tina Cassidy at 921-6000 ext 173 if you need any
additional information on the Planning Board's recommendation
Respectfully,
Richard Dinkin, Chairperson
Referred to Leaal Affairs and Accounts
#209
Honorable City council
City Hall
Beverly, MA 01915
Dear Council,
RE: Request for Stop Signs, Dane Street at Knowlton St both directions
We have been asked to look into the possibility of placing STOP signs on Dane Street at
Knowlton Street, both directions on Dane Street, to make this a 4 Way Stop. We have
investigated this location and determined the additional STOP signs meet the warrants
and should be placed at this location, and would make the area safer for motorists and
pedestrians.
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: Dane Street, eastbound and westbound drivers on Dane Street at Knowlton Street
Very truly yours,
Dennis O. Tarsook
Traffic Sergeant
Referred to Leaal Affairs and Accounts
#210
Honorable City Council
City hall
Beverly, MA 01915
RE Request for 30-minute parking
Dear Councilors:
We have received calls from the businesses at 378 to 380 Cabot Street in regards to long
term parking hampering their ability to conduct their businesses. They are requesting a
reasonable request and I am recommending the passage of this ordinance.
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Please take the necessary action to amend City of Beverly Revised Ordinances as follows:
ADD: C 14, Sec. 124, 30 Minute Parking, Cabot Street, Southerly side, from 378 to
380 Cabot Street
Very truly yours,
Dennis O. Tarsoak, Traffic Sergeant
Referred to Leaal Affairs and Accounts
#211
Beverly City Council
191 Cabot St.
Beverly, MA 01915
Dear Honorable Council:
On behalf of the Beverly Homecoming Committee we would like to request permission to
hang a Banner across Cabot Street to specify the dates of this year's Homecoming July
30-August 8, 1999.
We have confirmed with the Chamber of Commerce and the dates the Banner is
scheduled to fly across Cabot Street this year will be July 1 fo August 10, 1999. We have
permission from Pare McGrath Director of the Chamber of Commerce to use their hooks to
fly the Banner. Our Department of Public Works will hang the Banner for us.
Please let us know as soon as possible if permission is granted. Thank you for your
consideration.
Sincerely
Tim Flaherty
Alan Ternkin
Homecoming Committee
Referred to Leaal Affairs and Accounts
Communications, Applications and Petitions;
#212
Communication from Finance Committee-Town of West Boylston re Annual Report for
FY2000 data on disk
Referred to Finance and Prooertv
#213
Claim-Cheryl Gavazzi, 33 Herrick St. Beverly - Pathale
Referred to Leeal Affairs and Accounts
#214
Petition Mass Electric for conduit in Cabot Street
Referred to Public Service and Aid
#215
I~linutes of Beverly Harbor Management Authority meeting of May 6, 1999
Referred to FInance and Property
125
#216
Request from ProVenture to purchase Cjt:y Property
Referred to Finance and Pronertv
#217
Communication from GEC re Immediate Response Action Completion Report and
Response Action Outcome Statement, 14 Baker Ave.
Referred to Public Service and Aid
#218
Request by Lathrap Club to use City Flag for Ceremony June 16, 2000
Refer to Finance and Prooertv
#219
Application for Second Hand Dealers License - design and Consign-For the Home, 202
Rantoul St.
Referred to Leaal Affairs and Accounts
#:2:20
Application for Class Two Motor Vehicle Dealers License-Front Line Notor Sales, 3
Colon Street
Referred to Leual Affairs and Accounts
Application for Class Two Motor Vehicle Dealers License- Auto Body clinic, 29 river St.
Beverly
Referred to Leaal Affairs and Accounts
#222
Communication relative to chain link fence at the Seawall, South Terrace
Referred to Public Service and Aid
#223
Claim-David Parsons, 42 Leach St, Salem
Referred to Leaal Affairs and Accounts
#:2:24
Central Ceilings, inc. Demand for Direct Payment-No. Beverly elementary School
Referred to Leeal Affairs and Accounts
126
Reports from Committees:
#139
The Committee on Finance and Property to whom was referred the matter of
Communication from Montserrat College of Art re P I L O T Program have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#204
The Committee on Finance and Property to whom was referred the matter of
Appropriation to Account Hannah and Cove School Projects ($19,908,096.00) have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a public hearing on June
21, 1999 at 7:00 PM in Council Chambers, 191 Cabot Street, Beverly MA
regarding an appropriation to account for Hannah and Cove School Projects in
the amount of nineteen million, nine hundred eight thousand and ninety six
($19,908,096.00)Dollars.
Loan Order: That $19,908,096 is appropriated for constructing additions to and
remodeling, reconstructing and making extraordinary repairs to the Hannah Elementary
School and the Cove Elementary School, including original equipment and furnishings and
related site improvements; that to meet this appropriation the Treasurer, with the approval
of the Mayor and the Director of Municipal Finance and under the direction of the
Committee on Finance and Property, is authorized to borrow $19,908,096 under G. L.
c.44, 7 or Chapter 645 of the Acts of 1948 as amended, and to file an application with the
Emergency Finance Board to qualify the bonds under Chapter 44A of Massachusetts
General Laws; that the borrowing authorized by this order, as well as the $2,130,000
borrowing authorized by the order approved by the Mayor on January 2, 1996 for the cost
of architectural services for plans and specifications for school projects, the $6,659,100
borrowing authorized by the order approved by the Mayor on January 24, 1997 for
constructing, originally equipping and furnishing a new elementary school on Balch Street,
and the $7,340,000 borrowing authorized by the order approved by the Mayor on May 20,
1998 for construction additions to and remodeling, reconstructing and making
extraordinary repairs to the Ayers/Ryal Side Elementary School, shall be incurred pursuant
to both this order and those orders, respectively, and the order approved by the Mayor on
May 13, 1996 which authorized a borrowing of $37,000,000 for various elementary school
construction and remodeling projects; that the City Treasurer is further authorized to file a
certified copy of this order and provide such other information and execute such other
documents as the Board may require; and that all bonds or notes issued hereunder shall be
certified to in writing as to their genuineness by Fleet National Bank of its successor.
First Passage: June 7, 1999
Public Hearing: June 21, 1999
Final Passage: June 21, 1999
Order read once and adoDted 8-0 Vote
#205
The Committee on Finance and Property to whom was referred the matter of
Appropriation to Account - Additional School Funding ($400,000.00) have considered said
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matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a public hearing on June
21, 1999 at 7:15 PM in Council Chambers, 191 Cabot Street, Beverly MA
regarding an appropriation to account for additional school funding in the amount
of four hundred thousand ($400,000.00) Dollars.
First Passage: June 7, 1999
Public Hearing: June 21, 1999
Final Passage: June 21, 1999
Order read once and adooted 8-0 Vote
#206
The Committee on Finance and Property to whom was referred the matter of Transfer to
Account Repairs to Briscoe Middle School 15175,000.00) have considered said matter and
beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a public hearing on June
21, 1999 at 7:30 PM in Council Chambers, 191 Cabot Street, Beverly MA
regarding transfer to account Briscoe Middle School Repairs in the amount of one
hundred seventy five thousand ($175,000) Dollars.
First Passage: June 7, 1999
Public Hearing: June 21, 1999
Final Passage: June 21, 1999
Order read once and adopted 8-0 Vote
#207
The Committee on Finance and Property to whom was referred the matter of Various
transfers within budget and moneys for expected contract settlements have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a public hearing on June
21, 1999 at 7:45 PM in Council Chambers, 191 Cabot Street, Beverly MA
regarding various transfers within budget and moneys for expected contract
settlements in the amount of Seven Hundred Fifty Four thousand ($754,000)
Dollars
First Passage: June 7, 1999
Public Hearing: June 21, 1999
Final Passage: June 21, 1999
Order Read once and Adopted 8-0 Vote
#12
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Petroleum Storage at Beverly Municipal Airport have considered said
matter and beg leave to report as follows, to wit:
Recommend the License Be Granted
Order read once and adopted 8-0 Vote
128
#109
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance re Creation of Municipal Open Space and Recreation District and rezoning of
Assessor's map #82, Lot 9 and Map #81 Lot 191 have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year one thousand nine hundred and Ninety nine
An Ordinance amending an Ordinance entitled ZONING
Be it ordained by the City Council of the City of Beverly as follows:
Amend Chapter 29 of the City of Beverly Zoning Ordinance by creating a new zoning
district entitled "Municipal Open Space & Recreation District" and to rezone the following
parcels as "Municipal Open Space & Recreation District"; Assessor's map #82, Lot 9 and
AssessoPs Map #81, Lot 191
ADD: "29-32 MUNICIPAL OPEN SPACE AND RECREATION DISTRICT
1. Purpose - The Municipal Open Space and Recreation District is established in
accordance with the boundaries as shown on the Zoning District Map.
The primary purposes of the Municipal Open Space and Recreation District are to
encourage the preservation of large, contiguous wetland areas and open space for park
land, active and passive recreation, reservations, community gardens, rivers and streams,
and similar uses. It is intended that the Municipal Open Space and Recreation District will
permanently protect these open space resources so as to enhance the quality of life for
residents and visitors to the area. The Municipal Open Space and Recreation District may
also encompass welland resource areas, open space, and recreational areas where there
are important public health, safety, and welfare interest in watershed and flood potential
protection, preservation of wildlife habitat, and conservation of recreational land for
resident use and enjoyment.
Permitted Uses Within the Municipal Open Space and Recreation District
(A) conservation of soil, water, plants and wildlife;
(B) outdoor recreation, not involving the use of motor vehicles or motor boats,
including boating, fishing, and nature study where otherwise legally permitted:
(C) active recreation including playing fields and other athletic purposes;
(D) foot, bicycle, and horse paths and bridges:
(E) community gardens
(F) fences, parking lots, landing, piers, small structures for non-commercial uses, and
public restroom facilities;
Uses Permitted by Special Permit within the Municipal Open Space and Recreation
District-Upon the issuance of a special permit for an exception by the zoning Board of
Appeals, and subject to such other special conditions and safeguards as the Zoning
Board of Appeals deems necessary to fulfill the purposes set forth in Section I, the
following uses, structures and actions are permitted:
(A) Dams, excavations or grading, consistent with the purposes of this section to
create ponds, pools or other changes in water courses, for swimming, fishing or
other recreational uses, agricultural uses, scenic feature, or drainage
improvements.
Within the Municipal Open Space and Recreation District the following uses are
expressly prohibited:
(A) land filling or dumping;
(B) storage or disposal of hazardous materials;
(C) storage or disposal of solid wastes as defined in M>G>L>, CH. 21C, as may be
amended;
(D) storage of materials or equipment, except when necessary to permitted activities
above.
First Passage: June 7, 1999
Final Passage: June 21, 1999
Order read once and held for final Dassacle as per City Charter 7-1 Vote
Van Liere Against
129
#152
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Seth and Karen Manson have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
Order read once and adooted 8-0 Vote
#158
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance One Hour Parking West Street have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
Order read once and adooted 8-0 Vote
#176
The Committee on Legal Affairs and Accounts o whom was referred the matter of Order re
traffic on McKay St. have considered said matter and beg leave to report as follows, to
wit:
Receive and Place on File
Order read once and adooted 8-0 Vote
#180
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic Parking on West St. have considered said matter
and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
In the year one thousand nine hundred and Ninety Nine
An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Parking
West Street
Be it ordained by the City Council of the city of Beverly as follows:
That Chapter 14, Sections 124 and 125 of the Revised Ordinances of the City of Beverly,
1989, be, and the same is hereby amended as follows:
ADD:
C14 See 125, One Hour Parking
West Street, northerly side, in front of# 8 to # 16 West Street
DELETE: C14 See 124 Thirty Minute Parking
West St., southerly side, three (3) spaces in front of#31 West St.
ADD:
C14 See 124, Thirty Minute Parking
West St. from #25 to #31 West Street 8:00 a.m. to 5:00 p.m.
This ordinance to take effect upon passage according to City Charter.
First Passage: June 7, 1999
Final Passage: June 21, 1999
Order read once and held for final oassaoe as Per Charter Provisions 8-0 Vote
130
#181
The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm
from Mass Development re bond proiect Landmark School have considered said matter
and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adooted 8-0 Vote
#190
The Committee on Legal Affairs and Accounts to whom was referred the matter of
application for Second Hand Junk Dealers License Treasure Trove, 135 Cabot St. have
considered said matter and beg leave to report as follows, to wit:
Recommend the License be Granted
Order read once and adooted 8-0 Vote
#193
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic Storage of Boats, Recreational Vehicles, Seasonal,
Junk or unregistered vehicles have considered said matter and beg leave to report as
follows, to wit:
Referred back to Leoal Affairs and Accounts
#138
The Committee on Public Service and Aid to whom was referred the matter of
Communication re Community Gardens on Cole St. have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adooted 8-0 Vote
#182
The Committee on Public Service and Aid to whom was referred the matter of Petition -
Bell Atlantic for underground conduit Cabot St. have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council hold a Public Hearing on Monday, June 21, 1999 at 7:55
PM in the Council Chamber, 191 Cabot St. Beverly, relative to a petition of Bell Atlantic for
an underground conduit in Cabot St,
Order read once and adooted 9-0 Vote
#185
The Committee on Public Service and Aid to whom was referred the matter of
Communication from J. Johnson re B L A S T (Train Horns) have considered said matter
and beg leave to report as follows, to wit;
Submit the accompanying order and recommend its adoption
Ordered: That the City Clerk send a letter on behalf of the City council to Representative
Joseph Sullivan, Chairman of the Joint Committee on Transportation expressing opposition
regarding proposed bill H22264.
131
Order read once and adooted 9-0 Vote
#186
The Committee on Public Service and Aid to whom was referred the matter of Claim
Robert Ledoux, Jr. have considered said matter and beg leave to report as follows, to wit:
Refer to Legal Affairs and Accounts
Order read once and adonted 8-0 Vote
#192
The Committee on Public Service and Aid to whom was referred the matter of Request for
Sidewalk Abbott Street have considered said matter and beg leave to report as follows, to
wit;
Submit the accompanying order and recommend its adoption
Ordered: That a concrete sidewalk be put in on the Abbott Street Side of the Girdler
House which is located on the comer of Lothrop and Abbott Streets
Order read once and adooted 8-0 Vote
#214
The Committee on Public Service and Aid to whom was referred the matter of Petition
Mass Electric Conduit and cable in Cabot St. have considered said matter and beg leave
to repod as follows, to wit;
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the city of Beverly hold a public hearing on
Monday, June 21, 1999 at 7:58 PM in Council Chambers, 1912 Cabot Street
Beverly, MA relative to a petition of Mass Electric for 4 4" PVC conduit and cable
in Cabot Street
Order read once and adopted 8-0 Vote
UNFINISHED BUSINESS:
#143 Order relative to Motor Vehicles and Traffic re Banning of Trucks on certain
streets was amended to read trucks over two and one half tons and held for final
passage on June 21, 1999.
RESOLUTIONS:
MOTIONS AND ORDERS:
#225
By Councilor Gilmore:
Ordered: That the Committee on Public Service and Aid meet with the Director of Public
Services to establish or to clarify the policy concerning the use of pesticides, herbicides
and similar chemicals in the City"s parks and playgrounds.
Referred to Public Service and Aid
132
#226
By Councilor Rollins:
Ordered: that the City Council meet with Chief Assessor John Heaphy, and the board of
Assessors, on June 21, 1999 for the purpose of providing a better understanding to Beverly's
Citizens of the process of assessing Residential Real Estate, and to explain the criteria used
to assess waterfront property, and to further explain the Taxpayer's right to be taxed
proportionately to other similar properties
Referred to the Committee of the Whole
Meeting Adjourned at 8:27 PM
Attest: Frances A. Macdonald C.M.C
City Clerk
133