2003-10-06
7:25 PM Renee Mary re Government
7:30 PM #251 Public Hearing Administrative Organization
Referred to Legal Affairs and Accounts
7:50 PM #241 Public Hearing Authorization to Borrow
Referred to Finance and Property
Regular Meeting of Beverly City Regular Meeting of Beverly City Council OCT 6, 2003Council OCT 6, 2003
Roll Call
:
Councilors Present: Ronald Costa, William Coughlin, Timothy Flaherty,
Donald Martin, Virginia McGlynn, Roger Morency, John Murray, Maureen Troubetaris,
Paul Guanci
Pledge of Allegiance to the Flag
: Led by Councilor Flaherty
Appointments:
Acceptance of Minutes of Previous Meeting:
Meetings of September 15, 2003
Communications from His Honor the Mayor
:
#295
October 6, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
Last year, prior to your approval of the Early Retirement Incentive Program, George
White, our Veteran's Agent, made application to the Contributory Retirement Board for
credit for certain years of service as a city employee. Had Mr. White been given the
creditable services he requested, he would have been eligible for the ERIP. He would
have elected to participate; and, based upon the criteria established for selection, he
would have been one of the twenty-six employees allowed to retire early.
Mr. White successfully appealed the decision of the Contributory Retirement Board, and
has been credited with those years of service.
Therefore, I am requesting that you authorize me to increase the number of employees
to be covered by the ERIP to allow Mr. White to elect early retirement. He would retire on
the same terms as the previous early retirement program.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#296
October 6, 2003
Beverly City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
164
Dear Honorable Council:
Requests is hereby made for the Council to take the action described below:
Ordered that:
Three Hundred Forty-Three Thousand Five Hundred Thirty-One Dollars ($343,531.00) be
appropriated from the Stabilization Fund #807 to the general fund as a revenue source
(00490/49740) to replace the reduction in Chapter 70 state aid.
This is necessary to cover the reduction made by the state legislature in the final days of
the fiscal year 2004 state budget process. The final amount allotted for the City of
Beverly is $6,107,219.00, down from $6,450,750.00, which was originally budgeted thus
producing a short fall of $343,531.00.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#297
October 6, 2003
Beverly City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
Requests is hereby made for the Council to take the actions described below:
Ordered that:
Budget Item #11324/57820 Reserve for Unforeseen be reduced by Nineteen Thousand
Four Hundred Thirty-One ($19,4531.00) and that the revenue estimate for budget item
#004530/46260 School Building Assistance be reduced by the same amount.
This action is required to keep the fiscal year 2004 budget in balance. In the very late
days of the state's budget development, the Department of Education reduced school
building assistance by 1%. The State's commitment to Beverly for our six elementary
school's construction debt service was reduced from $ l, 943.054.00 to $ l, 923,623.00, a
reduction of $19,430.00.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#298
October 6, 2003
Beverly City Council.
City Hall
191 Cabot Street
Beverly, MA 019156
Dear Honorable Council:
Pursuant to Section 6-7 (a) of the Beverly Home Rule Charter relative to
Interdepartmental Transfers, request is hereby made to transfer funds from one municipal
agency to another as follows:
Transfer from in the Clerk of Committee's budget to the
Insurance Account #11124/57400
following accounts:
11351/51134 Accounting –Principal Clerk $ 4,321.00
11451/51138 Collector- Senior Clerk 20,011.50
11351/51105 Finance Director 9,000.00
165
12451/51304 Electrical – PT Inspections Clerk 9,073.50
12451/51105 Electrical – Electrician Stipend 12,750.00
15411/51186 COA –Custodian 6,295.50
15411/51699 COA- Part Time Staff 20,919.00
15411/51199 COA- Full Time Staff 2,076.00
12951/51138 Harbor Master – Senior Clerk 15,000.00
Various Wellness program 5,182.00
TOTAL $104,628.50
As required by the provisions of Section 6-7, I enclose a certificate signed by the agency
from which the appropriation is proposed to be taken that such transfer will not prevent
that agency from performing its vital functions.
The rules of the Council may deem that a simple posting on the city bulletin board is
sufficient, however a public hearing is required.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#299
September 6, 2003
Beverly City Council
Beverly City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
Request is hereby made to raise the Board of Appeal Filing Fees in accordance with the
letter attached hereto dated October 2, 2003 from Robert Nelson, Building
Commission/Zoning Officer.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#300
September 6, 2003
Beverly City Council
City of Beverly
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
On August 4, 2003, I submitted for your consideration a Home Rule Petition which would
have required employees of the City of Beverly to pay a minimum of twenty-five percent
of the cost of their health insurance premiums.
Due to recent developments in negotiations, we now have an agreement in principal
with one of the unions that constitutes, in my opinion, a wage-pattern settlement for the
remaining city unions.
I, therefore, wish to withdraw the Home Rule Petition at this time.
Very truly yours,
Thomas M. Crean, Mayor
Receive and Place on File
166
Communications from other City Officers and Boards
#301
September 24, 2003
Honorable City Council
c/o Mrs. Frances MacDonald
City Hall
Beverly, Ma. 01915
Dear Council,
RE: Request for a Stop Sign
The City has recently completed a new road called Goat Hill Lane. We will need a stop
sign on Cox Court where it intersects with this new road.
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;
Cox Court, southbound drivers on Cox Court at Goat Hill Lane.
ADD:
Very truly yours,
Dennis O. Tarsook
Traffic Sergeant
Safety Officer
Refer to Legal Affairs and Accounts
#302
September 24, 2003
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
Re: Goat Hill Lane, One-way
Recently the City of Beverly completed a new roadway that runs from Summit Avenue to
Cabot Street. This road was designed for one-way traffic, from Summit Avenue to Cabot
Street.
Please take the necessary action to add Chapter 14, Section 96, One-way streets as
follow:
Goat Hill Lane, from Summit Avenue to Cabot Street, traffic to proceed
ADD:
easterly.
Very truly yours,
Dennis O. Tarsook
Traffic Sergeant
Safety Officer
Referred to Legal Affairs and Accounts
#303
Sept. 26, 2003
Frances Macdonald, City Clerk
191 Cabot St.
Beverly, MA 01915
167
Dear Mrs. Macdonald,
I am pleased to announce the following Fire Department promotions effective Monday,
September 29, 2003:
From Lieutenant to Captain-Michael J. Acciavatti, 309 Essex St., Beverly, MA
From Firefighter to Lieutenant-Peter O’Connor, 22 Morningside Drive, Beverly, MA
Please make arrangements to attend our Swearing In Ceremony on September 30 at 20
th
PM Council Chambers at City Hall.
Very truly yours,
Richard Pierce, Chief
Receive and Place on File
Communications, Applications and Petitions:
#304
Petition for Bus Service at Cedar Street Apartments
Receive and Place on File
Refer to Planning
#305
Request for reimbursement from cars towed by City
Receive and Place on File
Refer to City Solicitor
Reports from Committees
:
#102
The Committee on Finance and Property to whom was referred the matter of
Supplemental Appropriation BHMA float replacement 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
#241
The Committee on Finance and Property to whom was referred the matter of
authorization to borrow one million three hundred thousand dollars 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 approve the request of the Mayor
to authorize the enclosed loan order to borrow one million three hundred thousand
($1,300,000)dollars for financing the sewer improvements for Boyles Street and Cross
Lane.
First Passage: July 14, 2003
Public Hearing: October 6, 2003
Final Passage: October 6, 2003
7-2 Vote
Order read once and adopted
168
#270
The Committee on Finance and Property to whom was referred the matter of
Communication re Centerville Improvement Society 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
#298
The Committee on Finance and Property to whom was referred the matter of
Interdepartmental Transfer 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 will hold a public hearing on
Monday, October 20, 2003 at 7:15PM in Council Chambers, Third Floor, 191 Cabot
Street, Beverly, MA relative the Interdepartmental Transfers listed below:
11351/51134 Accounting –Principal Clerk $ 4,321.00
11451/51138 Collector- Senior Clerk 20,011.50
11351/51105 Finance Director 9,000.00
12451/51304 Electrical – PT Inspections Clerk 9,073.50
12451/51105 Electrical – Electrician Stipend 12,750.00
15411/51186 COA –Custodian 6,295.50
15411/51699 COA- Part Time Staff 20,919.00
15411/51199 COA- Full Time Staff 2,076.00
12951/51138 Harbor Master – Senior Clerk 15,000.00
Various Wellness program 5,182.00
TOTAL $104,628.50
First Passage: October 6, 2003
Public Hearing October 20, 2003
Final Passage: October 20, 2003
9-0 Vote
Order read once and adopted
#296
The Committee on Finance and Property to whom was referred the matter of
appropriation from stabilization fund to replace the reduction in Chapter 70 State Aid
have considered said matter and beg leave to report as follows, to wit:
Ordered: That the City Council of the City of Beverly will hold a public hearing on
Monday, October 20, 2003 at 7:40 PM in Council Chambers, Third Floor, 191 Cabot
Street, Beverly, MA relative to an appropriation in the amount of $343,531.00 from the
Stabilization Fund to replace the reduction in Chapter 70 State Aid
First Passage: October 6, 2003
Public Hearing: October 20, 2003
Final Passage: October 20,2003
Order read once and adopted 9-0
169
#297
The Committee on Finance and Property to whom was referred the matter of request for
reduction in Reserve for Unforeseen and School Building Assistance to balance 2004
Budget have considered said matter and beg leave to report as follows, to wit:
Ordered: That the City Council of the City of Beverly will hold a public hearing on
Monday, October 20, 2003 at 7:45 PM in Council Chambers, Third Floor, 191 Cabot
Street, Beverly, MA relative to reduction in Reserve for Unforeseen and School Building
Assistance be reduced by $19,430.00.
First Passage: October 6, 2003
Public Hearing: October 20, 2003
Final Passage: October 20,2003
9-0 Vote
Order read once and adopted
#161A
The Committee on Legal Affairs and Accounts to whom was referred the matter of Veto
of Order 161, Motorscooter Ordinance have considered said matter and beg leave to
report as follows, to wit:
Recommend the override of the Mayor’s Veto
7-2 Vote Martin-Murray
Order read once and adopted
#212
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication relative to the Repeal of the Patriot Act 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 will hold a public hearing on
Monday, November 17, 2003, at 7:00 PM in Council Chambers, Third Floor, 191 Cabot
Street, Beverly, MA relative to the Repeal of the Patriot Act.
9-0 Vote
Order read once and adopted
#271
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Request to waive ordinance Unregistered Motor Vehicles have considered said matter
and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
:
OrderedThat the City Council of the City of Beverly DENY the request of Ryan Thomas
Martel to waive Chapter 14, Section 241, keeping/storing or parking unregistered and/or
junk motor vehicles or vehicles without a valid inspection sticker or motor vehicle parts on
your property.
9-0 Vote
Order read once and adopted
170
#283
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Appointment-Constable, Louis Ambrosini 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
#290
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication from Representative Mary Grant relative to House Bill 386 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
#293
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Pawnbrokers 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 three
An Ordinance amending an ordinance entitled Licenses and Business Regulations,
Article VI, Pawnbrokers
Be it ordained by the city council of the City of Beverly as follows:
That Chapter 12, Article VI, PAWNBROKER of the Revised Ordinances of the City of
Beverly 1989, be, and the same is hereby amended as follows:
In Section 12-147 Maximum rates of interest; extra charges prohibited
DELETE: (a) five percent a month
(b) three percent a month
ADD: (a) ten percent a month
(b) ten percent a month
First Passage: October 6, 2003
Final Passage: October 20, 2003
9-0 Vote
Ordinance read once and held for final passage as per charter provision
#249
The Committee on Public Service and Aid to whom was referred the matter of
Appointment Council on Aging-Robert Murphy have considered said matter and beg
leave to report as follows, to wit:
Recommend the council
9-0 Vote
Order read once and adopted
#294
The Committee on Public Service and Aid to whom was referred the matter of
Communication from Beautification Committee for removal of live trees have
considered said matter and beg leave to report as follows, to wit:
171
Ordered: That the City Council of the City of Beverly hold a public hearing on Monday,
October 20, 2003 at 7:55 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly,
MA relative to the removal of three live trees at 191 Cabot Street, Beverly, MA
9-0 Vote
Order read once adopted
Unfinished Business:
Final Passage: #260 Ordinance MV & T No Parking-Moulton Court
#261 Ordinance MV & T Do Not Enter-Tremont at Ellsworth
#262 Ordinance MV & T No Parking-Grove Street
Resolutions:
Motions and Orders:
#306
By Councilor McGlynn:
Ordered: That the Lawrence Brook project from Hale Street to the ocean be cleaned
Referred to Public Service and Aid
#307
By Councilor Troubetaris:
That a Go Slow Children sign be placed at the beginning of Green Street
9-0 Vote
Recommend the Council approve the request
Meeting adjourned: 10:05 PM Frances A. Macdonald, CMC
City Clerk
172