2004-12-20
7:00 PM Mass Electric
7:30 PM Peter Johnson re Train Whistles
7:58 PM Public Hearing – Mass Electric
Refer to Public Services
Regular Meeting of Beverly City Council 8:00 PM DECEMBER 20, 2004
Roll Call
Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy
:
Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci
Pledge of Allegiance to the Flag
: Led by Councilor Coughlin
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of December 6, 2004
Communications from His Honor the Mayor
:
#358
December 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
By this letter I request that your Honorable Council expand the number of members on
the Airport Commission from nine to eleven. As many of you may recall, we had eleven
members in the past.
It is my desire to add two younger members to the Commission while retaining the
wisdom of several older members. I would much appreciate your voting this change at
your earliest convenience.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#359
December 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The accompanying letter from Superintendent Jim Hayes outlines some $14,251.28 of
charges from last fiscal year. Some of these are in dispute and may never need to be
paid while others will require payment.
I recommend that your Honorable Council authorize the Superintendent to pay up to
Fourteen Thousand Two Hundred Fifty-One Dollars and Twenty-Eight Cents ($14,251.28)
from this fiscal year’s budget for bills from last fiscal year. No appropriation is required.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
212
#360
December 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Ellen F. Dunn, 79
Baker Avenue, Beverly, MA 01915 to serve as a Commissioner of Trust Funds.
She will replace Mr. James Dawson who has resigned and her term will be effective until
December 31, 2007.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#361
December 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
By this letter, I hereby request permission to sign the Trash Disposal Agreement recently
negotiated with Wheelabrator in Saugus. Agreements in excess of three years in
duration require Council approval.
As you know, we have long anticipated a marked increase in our trash disposal fee
which necessitated the trash fee passed earlier this year. Effective January 1, 2005, the
rate for disposal will rise to $72.00 per ton. The contract is for six years with a five-year
option held by the City. The contract price will move with the cost of living over the
period the contract.
Under this agreement Beverly’s Trash Fee will be the same as that of other communities
serviced by Wheelabrator. Action on this matter this evening is important and will be
much appreciated.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#362
December 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council authorize the Mayor to sign two contracts
as described in the attached memo from Purchasing Director Thatcher Kezer. These
contracts are for periods in excess of three years.
Both of these contracts represent good news. The one will provide us $773,867 over a
period of twenty years, on average about $39,000 per year, for a replacement cell tower
on the roof of the Beverly Farms Fire Station. The second contract will give us a postage
meter/sealer machine at a slightly lower cost than the one being replaced.
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Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
Communications from other City Officers and Boards
#363
Communication from Salem Beverly Water Supply Board relative to determination of
volume of water supplied to cities of Salem and Beverly during the three years prior to
September 30.
Receive and Place on File
#364
City Council
191 Cabot St.
Beverly, MA 01915
Comparison of Beverly to Other Communities in the area by Budget Management
Analyst Kathy Griffin.
Refer to the Committee of the Whole
#365
Comm. from Chief Cassola relative to the appointment of Darlene Prinz as a permanent
member of the Beverly Police Dept.
Receive and Place on File
#366
Communication from Council President Guanci relative to the Open Meeting Law.
Refer to Committee of the Whole
Communications, Applications and Petitions:
#367
Communication from United Rug Auctioneers relative to change of date for Auction.
Receive and Place on File
#368
Application for Class II Motor Vehicle Dealers License-K-Motors, Inc., 43 Cabot Street
Refer to Legal Affairs
#369
Late File
Communication from Beverly School Department requesting council to declare certain items
as surplus (6 pianos and 10 organs)
Finance and Property
214
Reports from Committees:
#343
The Committee on Finance and Property to whom was referred the matter of
Appointment of Commissioners of Trust Funds William Howard, Lawrence Smith and John
Putney have considered said matter and beg leave to report as follows:
Recommend the Council approve the Appointments
9-0 Vote
Order read once and Adopted
#359
The Committee on Finance and Property to whom was referred the matter of School
Dept. paying bills have considered said matter and beg leave to report as follows:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council give permission to the School Dept. to pay FY04 Bills from
FY05 Budget in the amount of $14,521.28 and be it further stated that again we wish to
repeat our fiscal philosophy that School Committee spending should not exceed their
allotted budget.
7-2 Vote with Costa and Troubetaris voting against
Order read once and adopted
#361
The Committee on Finance and Property to whom was referred the matter of Trash
Disposal Agreement with Wheelabrator have considered said matter and beg leave to
report as follows, to wit;
Submit the accompanying order and recommend its adoption
Ordered: That the mayor be authorized to sign an agreement with Wheelabrator for a
period longer than three years as per his request.
9-0 Vote
Order read once and adopted
#362
The Committee on Finance and Property to whom was referred the matter of
authorization to sign contracts have considered said matter and beg leave to report as
follows, to wit
Submit the accompanying order and recommend its adoption
Ordered: That the mayor be authorized to sign two contracts, one for a cell tower on the
roof of the Beverly Farms Fire Station and the second for a postage meter/sealer for a
period in excess of three years as per his request.
9-0 Vote
Order read once and adopted
#369
The Committee on Finance and Property to whom was referred the matter of School
Dept. Surplus property have considered said matter and beg leave to report as follows:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council declare six pianos and 10 organs as surplus for the
Beverly School Dept.
9-0 Vote
Order read once and adopted
215
#331
The Committee on Legal Affairs to whom was referred the matter of Application
Amusement Device Licenses have considered said matter and beg leave to report as
follows, to wit:
Recommend the Licenses be granted
9-0 Vote
Order read once and adopted
#332
The Committee on Legal Affairs to whom was referred the matter of Application Lodging
House Licenses have considered said matter and beg leave to report as follows, to wit:
Recommend the Licenses be Granted
9-0 Vote
Order read once and adopted
#333
The Committee on Legal Affairs to whom was referred the matter of application for
Motor Vehicle Dealers Licenses have considered said matter and beg leave to report as
follows, to wit:
Recommend the Licenses be Granted
9-0 Vote
Order read once and adopted
#340
The Committee on Legal Affairs to whom was referred the matter of Ordinance
Administration relative to ECDC 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 2004
An ordinance amending an ordinance relative to Economic and Community
Development Council
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 2 entitled Administration, Article 4 Division 9 be amended as follows:
DIVISION 9. ECONOMIC AND COMMUNITY DEVELOPMENT COUNCIL
Sec. 2-436. I Establishment; composition and appointment.
There is hereby established an economic and community development council. The
council shall consist of eleven (11) members. The members shall be appointed as follows:
(1) Appointed ex officio; the mayor, the Director of Public Services or his designee, the
planning director; and the community development director.
(2) Appointed by the mayor and coterminous with the mayor; members at large one (1)
each with: industrial experience, financial investment experience; commercial
experience; a representative of the chamber of commerce, and two (2) members of the
community.
(3) The City Council shall elect, by a majority vote, a member of its own number.
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(4) Additional community members may be appointed by the mayor on an as needed
basis to staff ad hoc committees. Members of the ad hoc committees will serve on an
ex-officio (non-voting) basis.
(Rev. Ords. 1973, § 2-106; Ord. No. 548, 12-6-93; Ord. No. 258, 6-1995)
Cross reference-Planning, Ch. 18.
State law reference-Municipal authority to establish development and industrial
commission, M.G.L. c. 40, § 8A.
Sec. 2-437. Purpose.
The economic and community development council shall formulate, under the auspices
of the mayor, a community and economic development policy. The council shall
provide a vehicle for coordination and communication between all development
agencies and officials, city departments, commissions and boards, and the mayor's
office in order to ensure a timely governmental response to development issues,
opportunities and problems.
The use of ad hoc committees is allowed in that they can perform studies and make
recommendations to the voting members of the economic and community
development council.
(Rev. Ords. 1973, § 2-107; Ord. No. 258, 6-1995)
Sec. 2-438. Staff.
The city planner shall provide staff assistance to the economic and community
development council, as requested by that body.
(Rev. Ords. 1973, § 2-108)
Sec. 2-439. Election of chairman and vice chairman.
The economic and community development council shall meet and organize and shall
annually elect from among the members a chairman and vice chairman.
(Rev. Ords. 1973, § 2-109)
6-3 Vote with
Order read once and Referred back to Committee on Legal Affairs
Guanci, Troubetaris and Martin Voting against
#346
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T-
No Parking Bradford Road 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 Four
An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re parking
prohibited at all times
Be it ordained by the city council of the city of Beverly as follows:
That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by adding the following:
ADD: Section 14-120 Parking prohibited at all times
Bradford Road, northerly side
This ordinance to take effect upon passage according to City Charter.
First Passage: Dec. 20, 2004
Final Passage: Jan. 4, 2005
217
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#347
The Committee on Legal Affairs to whom was referred the matter of Ordinance
Administration and Enforcement Violations and Penalties 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 Four
An Ordinance Amending an ordinance entitled Administration and Enforcement Section
D Violations and Penalties
Be it ordained by the city council of the City of Beverly as follows:
That Chapter 29, Section 28D2 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
DELETE the Words: $50.00
INSERT the Words: $300.00
These ordinances to take effect upon passage according to City Charter
First Passage: Dec. 20, 2004
Final Passage: Jan. 4, 2005
9-0 Vote
Order read once and held for final passage as per charter provisions
#358
The Committee on Legal Affairs to whom was referred the matter of Expansion of Airport
Commission Membership have considered said matter and beg leave to report as
follows.
Submit the accompanying order and recommend its adoption
In the year two thousand and four
An ordinance amending an ordinance Article III-Administrative Organization
Be it ordained by the city council of the City of Beverly as follows, to wit:
That Article 111Section 3-202 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
DELETE: In Section 3.-202 (a) Composition Airport Commission the word nine (9)
ADD: In Section 3.-202 (a) Composition Airport Commission the word eleven (11)
This ordinance to take effect upon passage according to City Charter
First Passage: Dec. 20, 2004
Final Passage: Jan. 4, 2005
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#278
The Committee on Public Services to whom was referred the matter of Communication
re Second Water Meters have considered said matter and beg leave to report as follows,
to wit:
Submit the accompanying order and recommend its adoption
218
Ordered: That the City Council the request for the installation of Second Water
DENY
Meters.
8-1 Vote Grimes request to delay vote
Order read once and adopted
#344
The Committee on Public Services to whom was referred the matter of Appointment-
Beverly Cultural Council of Michele J. Kenna have considered said matter and beg leave
to report as follows, to wit:
Recommend the Council approve the appointment
9-0 Vote
Order read once and adopted
#345
The Committee on Public Services to whom was referred the matter of Appointment
Special Police Officers to Serve as Beverly Traffic Supervisors have considered said matter
and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
9-0 Vote
Order read once and adopted
#350
The Committee on Public Services to whom was referred the matter of Petition of Mass
Electric 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
Unfinished Business:
Resolutions:
#370
Resolution – Robert McCausland
Motions and Orders:
#371
By Councilor Guanci:
Ordered: That all orders that are in committees as of December, 2004, be forwarded to
FY05 City Government.
9-0 Vote
Order read once and adopted
#372
By Councilor Burke:
, that the Beverly City Council hold a public hearing at the request of Mr.
ORDERED
Michael Pimental who would like the council to consider removing a live tree located at
46 Chase Street.
Refer to Public Services
219
#373
By Councilors Hobin and Guanci
Ordered: That a “Go Children Slow” sign be placed on Cedar Street in the vicinity of #5.
9-0 Vote
Order read once and adopted
Meeting adjourned: 10:47 PM Frances A. Macdonald, CMC
City Clerk
220