2001-05-07
7:30 PM A Beverly Coalition for Diversity
7:55 PM Petition Keyspan Gas Main in Webber Ave.
Referred to Public Service and Aid
7:58 PM Petition Mass Electric-Pole Prince St.
Referred to Public Service and Aid
Meeting of Beverly City Council may 7, 2Meeting of Beverly City Council may 7, 2001001
Roll Call
:
All Councilors were present.
Pledge of Allegiance to the Flag
:
Led by Councilor Martin
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of April 17, 2001
Communications from His Honor the Mayor
:
#112
May 7, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Peter C. Patuto,
215 Hale Street, Beverly, MA 01915, to serve as a Constable in the City of Beverly for
the express purpose of serving Civil Process. His term will be effective until May 31,
2004.
Attached is his application which has been approved by Police Chief Phillip
Bouchard.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#113
May 7, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Attorney Philip R.
Cleversey, 143 Essex Street, Suite 5F, Haverhill, MA 01832-5553, to serve as a
Constable in the City of Beverly for the express purpose of serving Civil Process. His
term will be effective until May 31, 2004.
56
Attached is his letter of application for reappointment which has been approved by
Police Chief Phillip Bouchard along with a letter of a renewed performance bond.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
#114
May 7, 2001
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Attached is a proposal for landscaping at City Hall prepared by Philip E. Klimowicz,
Forestry and Grounds Supervisor. I believe it is time to consider these improvements.
The plan will enhance the historic beauty of City Hall and add to the enjoyment of
the city’s annual tree lighting event, which continues to grow in popularity. I
believe Mr. Klimowicz’s plan is excellent and I heartily endorse its adoption.
Please schedule a public hearing at your earliest convenience and take whatever
other action is necessary to move this project forward. No appropriation will be
required. A contribution will be made by a local institution and Department of
Public Services personnel will do the remaining work.
Thank you for your help in this matter.
Very truly yours,
William F. Scanlon, Jr., Mayor
Referred to Legal Affairs and Accounts
Communications from other City Officers and Boards
#115
Honorable City council
City Hall
Beverly, MA 01915
Dear Councilors:
RE: CG Leasing, Inc.
Enclosed is a proposed lease submitted by the Airport commission for City Council
consideration.
Sincerely yours,
Marshall J. Handly
City Solicitor
Referred to Legal Affairs and Accounts
#116
April 30, 2001
The Honorable City Council
191 Cabot St.
Beverly, MA
57
Dear Honorable Council:
Approval is needed for the renewal of the attached pawnbrokers License, Fred’s
Jewelry and Loan, 418 Rantoul Street, for the year 2001.
Thank you for your help concerning this matter.
Sincerely,
Frances A. Macdonald, CMC, City Clerk
Referred to Legal Affairs and Accounts
#117
April 30, 2001
The Honorable City Council
191 Cabot St.
Beverly, MA
Dear Honorable Council:
Attached is a list of all the Petroleum Storage Licenses to be renewed for the year
2001.
City council approval is needed to complete the process for this years licensing.
Thank you for your help concerning this matter.
Sincerely,
Frances A. Macdonald, CMC City Clerk
Referred to Legal Affairs and Accounts
#118
April 30, 2001
The Honorable City Council
191 Cabot St.
Beverly, MA
Dear Honorable Council:
Attached is a list of all the Second Hand Junk Dealers Licenses to be renewed for
the year 2001.
City Council approval is needed to complete the process for this years licensing
Thank you for your help concerning this matter.
Sincerely,
Frances A. Macdonald, CMC, City Clerk
Referred to Legal Affairs and Accounts
#119
May 3, 2001
Honorable City council
City Hall, 191 Cabot St.
Beverly, MA 01915
58
Dear Honorable Council:
The enclosed letter was recently found with other communications that had been
received by my office from the Planning Department.. As you can see it was
received in the office on November 27, 2000.
Order #328 has been in my file since November waiting for a reply from Planning.
We need to finalize the decision on this Order.
I am sorry for any inconvenience this may cause.
Sincerely,
Frances A. Macdonald, CMC, City Clerk
Referred to Legal Affairs and Accounts
#120
TO: Frances Macdonald, City Clerk
FROM: John Murray Ward 6 Councilor
RE: Amendment to Order #335
Amend City Council Order 335 to state:
“This discontinuance shall not render either of the lots shown on Assessors’ Map #84,
lot 172 and Map #96, lot 64 non-conforming with respect to the frontage
requirements of the City of Beverly Zoning Ordinance.
Referred to Legal Affairs and Accounts
Communications, Applications and Petitions
#122
Beverly Chamber of Commerce application for Annual Special Event permit for the annual
Bazaar and request permission to hang Sidewalk Bazaar Banner across Cabot Street from
June 1 to June 20.
Referred to Legal Affairs and Accounts
#123
Invitation to march in Michael J. Cadigan, Jr., Post 46 Memorial Day Parade on Sunday May
27, 2001
Receive and Place on File
#124
Comm from Mass Dept of Revenue re New Officials Finance Forum
Receive and Place on File
#125
TEC Associates Amtrak 001 Vegetation Control Program
Receive and place on file
#126
59
Comm from Maritimes & Northeast re preliminary approvals for Phase III and
HubLine projects.
Receive and Place on File
#127
Comm from Comm of Mass Dept of Environmental Protection re Wenham Lake
Technical Advisory Committee.
Referred to Public Service and Aid
#128
Beverly Farms-Prides Crossing 4 of July Committee request to hang banner over
th
West St from June 1 to July 4, 2001
Referred to Public Service and Aid
#129
Beverly National Bank request to have live tree removed at 240 Cabot Street
Referred to Public Service and Aid
#130
Ryal Side Civic Association invitation to march in Annual Forth of July Parade
Receive and Place on File
Reports from Committees:
#94
The Committee on Finance and Property to whom was revered the matter of DOR
Preliminary FY 2002 Levy Limit Worksheet and explanatory materials have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
9 -0 Vote
Order read once and adopted
#121
The Committee on Finance and Property to whom was referred the matter of Bond
Issue Frequency and Time Systems, Inc. have considered said matter and beg leave
to report as follows, to wit:
Submit the accompanying order and recommend its adoption
:Reported that, due to the inactive status of the Beverly Industrial
Ordered
Development Financing Authority (the “Authority”), the Council had been asked to
consider and act upon the proposed development of certain property comprising
industrial development facilities by Frequency and Time Systems, Inc. (the
“Borrower”) in the City of Beverly (the “City”) and t request that the Massachusetts
Development Finance Agency (the “Agency”) assume the role of the authority in
financing this project in the City.
After further discussion, the adoption of the following resolution was moved
and seconded:
60
WHEREAS: The authority has become inactive over the last several years, and
there are currently no actively serving directors; and
WHEREAS: Pursuant to Massachusetts General Laws, Chapter 40D 3, THE
mayor has the authority to appoint, and the Council has the
authority to confirm the Mayor’s appointment of, the directors of the
authority; and
WHEREAS: The development of certain property comprising industrial
development facilities (the “Project”) to be owned and used by the
Borrower in its manufacturing business has been proposed for the
city, consisting generally of the renovation of and construction of an
addition to an existing manufacturing facility and the acquisition of
equipment at 34 Tozer Road in the City of Beverly; and
WHEREAS; The Borrower has made application to the Agency for the financing
of the Project through the issuance of Industrial Revenue Bonds (the
”Bonds”); and
WHEREAS: The Council for itself and on behalf of the Authority, wished to request
that the Agency assume the role of the Authority in issuing the Bonds.
NOW, THEREFORE, BE IT RESOLVED;
(1) That the Council solely for the purpose of considering and acting upon
the proposed Project in the City of Beverly, hereby acts for itself and as
directors of the Authority; and
(2) That the Council hereby requests that the Agency assume the role of the
Authority in financing the Project by issuance of the Bonds pursuant to
Massachusetts General Laws, Chapter 23G and Chapter 40D to finance
the Project and that the Council cause a copy of this resolution to be
delivered to the Agency.
9-0 Vote
Order read once and adopted
#88
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance-Smoking have considered said matter and beg leave to report as
follows, to wit:
Referred back to Committee on Legal Affairs and Accounts
#89
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Ward Two Civic Association re Hansbury Property have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#101
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic have considered said matter and beg leave
to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
In the year Two thousand and one
An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Two Hour
Parking
61
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Section 126 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
ADD:
West St., easterly side, in front of #40 West St. two spaces
Oak St., northerly side, from West St. one space
This ordinance to take effect upon passage according to City Charter.
First Passage: May 7, 2001
Final Passage: May 21, 2001
Ordinance read once and held for Final Passage according to City Charter Provisions
9-0 Vote
#106
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for One Day Auctioneers License Kaminski Auctioneers have
considered said matter and beg leave to report as follows, to wit:
Recommend the license be granted
Order read once and adopted
9-0 Vote
#108
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Lodging House License Dooling, 32 Roundy 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 the request of James Dooling III, 32 Roundy
DENY
Street for a Lodging House License.
Order read once and adopted
9-0 Vote
#111
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance-Markings on City Vehicles have considered said matter and beg leave
to report as follows, to wit
Submit the accompanying amended ordinance and recommend its adoption
In the year Two Thousand and one
An Ordinance amending an ordinance entitled “Administration” relative to City Vehicles
Be it ordained by the City Council of the City of Beverly as follows, to wit:
Chapter 2, Section 4 City Vehicles of the revised ordinances of the city of Beverly, 1989,
be, and the same is hereby amended as follows:
DELETE: (a) Marking
ADD: (a) Marking. All vehicles, with the exception of the following: vehicle to be
designated by the police chief and vehicles designated for police undercover use, shall
be properly marked with the decalcomanias on both sides and the rear, including job
title. Such decalcomanias shall be at least eleven (11) inches in diameter and shall
contain the city seal, with “City of Beverly” and “Job Title” in letters at least two (2) inches
high. All markings shall be permanent and no Magnetic Signs will be used.
62
This ordinance to take effect as provided by city Charter
First Reading: May 7, 2001
Final Passage: May 21, 2001
Ordinance read once and held for final passage according to Charter Provisions
9-0 Vote
#116
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Renewal-Pawnbrokers License-Fred’s Jewelry and Loan, 418 Rantoul Street have
considered said matter and beg leave to report as follows, to wit
Recommend the License be granted.
9-0 Vote
Order read once and adopted
#117
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Renewal Petroleum Storage Licenses for the year 2001 have considered said matter
and beg leave to report as follows, to wit
Recommend the License be granted.
9-0 Vote
Order read once and adopted
#118
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Renewal Second Hand Junk Dealers Licenses for the year 2001 have considered
said matter and beg leave to report as follows, to wit
Recommend the License be granted.
9-0 Vote
Order read once and adopted
#120
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re Order 328-00 decision from planning have considered said
matter and beg leave to report as follows, to wit
Submit the accompanying order and recommend its adoption
Ordered: That 2000 Order #335 be amended by adding “This discontinuance shall
not render either of the lots shown on Assessors’ Map #84, lot 172 and Map #96, lot
64 non-conforming with respect to the frontage requirements of the City of Beverly
Zoning Ordinance.
9-0 Vote
Order read once and adopted
#96
The Committee on Public Service and Aid to whom was referred the matter of
Petition of Keyspan for a gas main in Webber Avenue have considered said matter
and beg leave to report as follows, to wit:
Recommend the Petition be granted
9-0 Vote
Order read once and adopted
63
#110
The Committee on Public Service and Aid to whom was referred the matter of
Petition of Mass Electric for relocation of a pole on Prince Street have considered
said matter and beg leave to report as follows, to wit:
Recommend the Petition be Granted
9-0 Vote
Order read once and adopted
#114
The Committee on Public Service and Aid to whom was referred the matter of have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: The City Council hold a Public Hearing on Monday, May 21, 2001 at 7:50
PM in Council Chamber, third floor, City Hall relative to the removal of a live trees at
191 Cabot Street
9-0 Vote
Order read once and adopted
#128
The Committee on Public Service and Aid to whom was referred the matter of
Beverly Farms-Prides Crossing 4 of July Committee request to hang banner have
th
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Beverly Farms-Prides Crossing 4 of July Committee be given
th
permission to hang a banner over West Street from June 1 to July 4, 2001 provided
that they are properly insured.
9-0 Vote
Order read once and adopted
#129
The Committee on Public Service and Aid to whom was referred the matter of
Request by Beverly national Bank to have live tree removed at 240 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, May 21, 2001 at
7:58 PM in council Chamber, third floor, City Hall relative to the removal of a live
tree in front of 240 Cabot Street.
9-0 Vote
Order read once and adopted
#102
The Committee of the Whole to whom was referred the matter of Transmission of
proposed revised City Charter have considered said matter and beg leave to
report as follows, to wit:
No Further Action
9-0 Vote
Order read once and adopted on a Roll Call Vote
Roll Call Vote:
Costa, Guanci, Martin, McGlynn, McMahon, Murray, Smith, Troubetaris, Flaherty
Yea:
None
Nay:
64
None
Absent:
#103
The Committee of the Whole to whom was referred the matter of Beverly Charter
Commission Minority Report 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 accept and endorse the Minority Report of the
Beverly Charter Commission.
9-0 Vote
Order read once and adopted
#104
The Committee of the Whole to whom was referred the matter of Comm re Charter
Commission-West Beach have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
Resolutions:
Unfinished Business:
Motions and Orders:
#131
By Councilor Troubetaris:
Ordered: That the Path be blazed from the end of Elizabeth Avenue to Bailey
Beach in order that the residents can access the beach. The land is owned by the
City and only needs a small pathway. As it stands now, the area is used to dump
trash.
Referred to Public Service and Aid
#132
By Councilors Flaherty and Guanci
Ordered: Amend the City Ordinances, Chapter 17, Personnel Article III by adding a
new Section 17.52 as follows:
The following positions shall be designated “City Officers” and shall be appointed
by the mayor subject to the review of the City Council and shall be subject to all
provisions of the City Charter relating to city officers.
Building Inspector
City Accountant
City Assessor
City Clerk
City Collector
City Electrician
City Solicitor
City Treasurer
Director of Civil Defense
65
Director of Engineering
Director to Public Health
Director of Municipal Finance
Director of Municipal Inspections
Director of Planning and Development
Director of Human Resources
Director of Purchasing
Director of Public Services
Fire Chief
Police Chief
Public Safety Commissioner
Director of Community Services
Referred to Legal Affairs and Accounts
Meeting adjourned: 10:15 PM Frances A. Macdonald, CMC
City Clerk
66