2004-02-026:55 PM Mary Rodrick
7:00 PM Superintendent Lupini
7:30 PM John Kenney, Beverly Golf and Tennis Commission
7:40 PM Joan Johnson re train whistles
7:50 PM Public Hearing-Ordinance Demolition of Historically Significant Buildings
Regular Meeting of BeveRegular Meeting of Beverly City Council 8:00 PM February 2, 2004rly City Council 8:00 PM February 2, 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 Burke
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of January 20, 2004
Communications from His Honor the Mayor
:
#42
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint on a permanent basis, subject to your review and recommendation,
Mr. John Dunn, 13 Exeter Road, to serve as the Director of Municipal Finance and
Treasurer for the City of Beverly.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#43
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint on a permanent basis, subject to your review and recommendation,
Mrs. Linda Giallongo, 31 Home Street, to serve as the Executive Secretary to the Mayor of
the City of Beverly and Clerk to the Beverly License Board.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#44
February 2, 2004
14
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint on a permanent basis, subject to your review and recommendation,
Mr. Roy Gelineau, Jr., 19 Goldsmith Avenue, to serve as the City Solicitor for the City of
Beverly.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#45
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint on a permanent basis, subject to your review and recommendation,
Ms. Tina Cassidy, 18 Carlton Street, Salem, MA to serve as the Director of Planning and
Development for the City of Beverly.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#46
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request a transfer of Seven Thousand Three Hundred Four Dollars and Forty-Two
Cents ($7,304.42) from account “Handicapped Parking Fines” to the following accounts
as per the attached communication from Norman Ganley, Co-Chair of the Beverly
Commission on Disabilities:
$1,000.00 to Account Number 337 5700 – “Other Expenditures”
1,804.42 to account “Purchase and Install Assistive Hearing Devices
in the Beverly City Council Chamber
4,500.00 to Account Number 337 55366 – Curb Cuts on Rantoul and
Elliott Streets
$7,304.42 Total
Said sum of money to be expended under the direction of the Commission on Disabilities.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
15
#47
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request a transfer of One Thousand Five Hundred Dollars ($1,500.00) to account
“Director of Municipal Finance – Salary” from account “Reserve for Unforeseen.” Said
sum of money to be expended under the direction of the Finance Director. This transfer
will allow John Dunn to be paid exactly the same salary of $79,000 he was receiving prior
to his employment being terminated in the winter of 2002.
As you are well aware, I have foregone the position of Aide to the Mayor or Chief of Staff
at a savings to the City in the range of $75,000 annually when salary, medical, pension
and office costs are included. Eliminating this position does not eliminate any work. It
places increased burdens on me and my staff. I urge you to approve Mr. Dunn’s salary
as I have requested. For your information, the $79,000 amount would place him 33 on
rd
the salary list of Beverly city employees based on 2003 actual payroll figures.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#48
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request a transfer of Fifteen Thousand Dollars ($15,000) to account “Public
Property Repair” from account “Reserve for Unforeseen Expenditures.” Said sum of
money to be expended under the Director of Community Services.
Attached is a communication from Finance Director John Dunn concerning this request.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#49
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby designate Joyce McMahon to perform the duties of Human Resource Director
on a temporary basis commencing this date until the position can be filled in
accordance with Section 3-3 of the Beverly Home Rule Charter. She will replace Mr.
Robert Munroe.
I certify that Joyce McMahon is qualified to perform the duties which will be required and
that I make the designation solely in the interests of the City of Beverly.
16
This temporary appointment is made in accordance with Section 3-5 of the Beverly
Home Rule Charter and is effective immediately.
Very truly yours,
William F. Scanlon, Jr., Mayor
Receive and Place on File
#50
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Gary Lambert,
9 Bass River Road, Beverly, MA to serve as a member of the Parks and Recreation
Commission.
His term as a member of the Parks and Recreation Commission to be effective until
December 31, 2006.
I additionally appoint, subject to your review and recommendation, Mr. Lambert to serve
as the Parks and Recreation Commission’s representative to the Beverly Golf and Tennis
Commission to replace Kevin Hobin who has resigned. Mr. Lambert’s term as a member
of the Beverly Golf and Tennis Commission will be effective until February 1, 2006.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#51
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Gardner Trask,
31 Fellows Street, Danvers, MA 01923, to serve as a Danvers representatives to the Airport
Commission.
His term will be effective until December 31, 2006.
Attached is a communication from Danvers Town Manager Wayne Marquis concerning
the reappointment of Mr. Trask.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#52
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
17
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Michael Gaudette,
3 South Street, to serve as a member of the Parks and Recreation Commission. He
will replace Mr. Kevin Hobin who has resigned.
Mr. Gaudette’s term will be effective until December 31, 2006.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#53
February 2, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Bruce Doig, 41 Pratt
Avenue, Beverly, MA to serve as a member of the Council on Aging as per the attached
communication from Community Services Director, Thomas Scully.
Mr. Doig’s term will be effective until June 30, 2006.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#54
February 2, 2004
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, Massachusetts 01915
Dear Honorable Council:
In October of 2003 the City received notice regarding its right of first refusal to acquire a
piece of property on Cabot Street. The seven acre parcel on the Wenham town line
(Assessors’ Map 91, Lot 7) was classified as agricultural land and taxed as such under the
provisions of Chapter 61A of Massachusetts General Laws. In accordance with the
provisions of that law, the City was notified of the owners’ intention to sell the land and of
its right to acquire the property for its current sale price of $247,000. The current owners
intend to sell the land to New England Power as part of the environmental remediation
of Wenham Lake and nearby properties. By law, the City Council has 120 days from the
date of the notice to exercise its right of first refusal if it intends to do so. The 120-day
deadline for Council action is February 3, 2004.
The matter has been pending before the Council’s committee on Legal Affairs and
Accounts since October without resolution. Given the City’s difficult budget constraints
for this fiscal year and next, it seems unlikely that the Council will vote to exercise the
City’s rights to acquire the property at this time.
In lieu of City acquisition now, the City Council should consider accepting the attached
Option Agreement. In short, this Agreement would give the City of Beverly a second
right of first refusal to acquire the property when New England Power decides to sell it in
the future. The Agreement would also lock in the future purchase price at today’s
$247,000 sales price, insulating the City from any changes in the property’s value that
may occur between now and the time of resale.
18
Acting City Solicitor Roy Gelineau and Acting Planning Director Tina Cassidy indicate that
while there are some provisions in the agreement that are less than ideal from the City’s
perspective, the benefits of preserving the City’s future rights of acquisition outweigh
potential difficulties with the wording of the agreement, particularly with the deadline for
action looming later this week.
Accordingly, I am requesting your consideration and acceptance of the attached draft
Agreement, and the accompanying waiver of the City’s initial right of first refusal. Action
on this matter is required this evening because the deadline for action is tomorrow. I
would be happy to discuss this matter with the City Council at its convenience.
Very Truly Yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
Communications from other City Officers and Boards
#55
January 23, 2004
Honorable City Council
Beverly, MA 01915
Dear Honorable Council:
This is to inform you that the following list of citizens have been appointed to serve as
Election Workers for the Year 2004 Elections.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Receive and Place on File
#13
Frances Macdonald, City Clerk
191 Cabot Street
Beverly, MA
Dear Ms. Macdonald:
At a meeting of the Beverly Planning Board held on Tuesday, January 20, 2004, members
of the Board voted unanimously to recommend to the City Council that a joint Public
Hearing be held between the Planning Board and the Council relative to City Council
Order #13, which proposes to rezone one lot of City-owned land (the Edward School)
from its current zoning designation of “RHD” High Density Residential) to “CC” Central
Commercial). A copy of the Council Order is attached for your reference.
Sincerely,
Richard Dinkin, Chairperson
Referred to Legal Affairs and Accounts
#56
Honorable City Council
191 Cabot Street
Beverly, MA 01915
RE: General Laws, Chapter 148 Sec. 26H
Dear Honorable City Council:
19
It has been brought to my attention that the City of Beverly has not adopted the
provisions of M.G.L. Chapter 148, Section 26H, which pertains to the installation of
automatic sprinkler systems in lodging or boarding houses.
As a reminder, this local option legislation was enacted and approved by the
Commonwealth on July 16, 1986 as a direct result of the tragic fire at the Elliott Chambers
boarding house on July 4, 1984 which resulted in the deaths of 15 persons.
All other local option legislation within Section 26 of Chapter 148 has already been
adopted by the City of Beverly.
I highly recommend that the City of Beverly formally adopt M.G.L. Chapter 148, Section
26H in order for the Beverly Fire Department to be able to strictly enforce this law as a
matter of life Safety.
Attached you will find a copy of M.G.L. Ch. 148, Sec. 26H. If you have any questions
please feel free to contact me.
Very truly yours,
Richard F. Pierce, Fire Chief
Refer to Legal Affairs and Accounts
#57
Feb. 2, 2004
Frances Macdonald
191 Cabot St.
Beverly, MA 01915
Dear Madam Clerk:
Effective 4:30 PM this date I do hereby resign my position as Temporary Director of
Human Resources. This resignation is submitted in order to create a vacancy in such
position that may be addressed by the Mayor in accordance with Section 3-5 of the
Beverly Home Rule Charter.
This resignation is not intended, nor shall it in any way be construed, to change the status
of my employment as Assistant City Solicitor
Very truly yours,
Robert A. Munroe
Temporary Director of Human Resources.
Receive and Place on File
#38A
Jan. 30, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Order number 38, submitted by Councilor Martin, requested an assessment of the impact
on the FY2004 budget of the benefit payments made to various City employees in late
December, 2003 and early January, 2004.
The attached spreadsheet shows the variances that exist in the various salary accounts
that were the subject of the order. I have assumed that the weekly salaries will be paid
through the end of the fiscal year at the currently budgeted amounts. I have also
assumed that the position of the Mayor’s Administrate Assistant will not be filled for the
balance of the fiscal year.
20
The total shortfall in $10,960.53 and a transfer would be required to fully fund the salary
lines for the balance of the year.
Very truly yours,
John Dunn, Acting Finance Director
Referred to Finance and Property
#58
Jan. 26, 2004
Beverly City Council
191 Cabot St.
Beverly, MA 01915
Dear Mr. Guanci:
The Beverly Golf and Tennis Commission is faced with a difficult decision regarding our
swimming pool and we would like to make the City of Beverly aware of the situation. For
many years, residents of Beverly have enjoyed the use of the swimming pool at the
Beverly Golf and Tennis Club. The pool and the bathhouse, however, have suffered from
deferred maintenance, and now require a substantial investment to make the pool
viable for the 2004 season.
The pool has developed a leak in the underground plumbing that requires the operator
to add dozens of gallons of water to the added each day. Water is provided to the
operator by the City at no charge as part of the management contract. In addition, the
operator must constantly add new chemicals to the pool to replace those that have
leaked away. Several times over the past few year, the filter pump has burned out
because the water level has dropped so low that no water reached the pump.
In addition, the drain at the bottom of the pool is plugged and does not work. As a
result, the pool water is not properly circulated and filtered. This is a violation of Mass
Public Health codes and needs to be corrected before the pool can be opened again.
The drain should be repaired at the same time that the leak is fixed.
Many of the tiles along the high-water mark are broken off and the sharp edges make
the pool unsafe. Massachusetts Public Health codes require the pool surface to be
smooth in all areas of the pool. It is recommended that all of the tiles be replaced to
avoid continued deterioration. Simply replacing eh broken tiles would cost significantly
less.
The estimate to install two new drains, replace all tiles and paint the pool surface, and
repair the underground plumbing is $22,500. This work will bring the pool up to code and
allow it to be opened for the summer of 2004.
The gate in the chain-link fence also does not meet code. It must have a working self-
locking mechanism. There are also several other items in the pool area that need to be
addressed. The cost to replace the gate is estimated at less than $1,000.
The pool and the bathhouse are not accessible to handicapped persons. The doorways,
toilet, showers require significant modifications, and since the pool is not ADA assessable.
A handicapped lift is needed. The cost for this work is estimated at $15,000.
The Commission has given serious consideration to temporarily closing the pool for the
upcoming season. Our budget does not include the funds necessary to make even the
most basic repairs. Although the golf and tennis memberships once included pool
privileges, there would be little impact to the permit holders if the pool were closed. The
Beverly Recreation department operated the pool during the 2003 season, and used it as
part of their summer camp program, and offered swimming lessons. I have discussed this
matter with Bruce Doig, and he agrees that his department does not have the funds to
reopen the pool.
The Recreation Dept. lost about $5,000 on the Beverly Golf and Tennis operations last
summer. This summer, there will be additional competition since the YMCA Sterling
Center is completing a new outdoor pool, reducing the local demand for swimming
lessons and summer day camps.
21
John Golf Management is required by the contract to keep the swimming pool open,
and subcontracted the operations to the YMCA in 2002 and the Beverly Recreation
Department in 2003. Johnson golf has worked with several swimming pool contractors to
help the Commission understand the issues with the pool. Since the pool belongs to the
City and it is leased to Johnson Golf, it will be impossible to operate the pool in
accordance with the contract without the necessary repairs. However, Johnson Golf has
subcontracted the pool on a bread-even basis, so it will not have a negative impact on
their business if the pool is closed.
Since the swimming pool is a City-owned asset, the Commission believes it is important to
make the City aware of the situation and to seek the guidance of the City Council.
Ultimately we all must decide if a swimming pool is essential to the Beverly Golf and
Tennis Club, and if we can afford one. If we decide that a pool is necessary, the we
must decide whether to repair the pool we have, or invest in an entirely new pool. We
then need to determine how to fund the decision.
We value the input of the City Council on this matter and, as always, we appreciate your
support.
Respectfully,
Beverly Golf and Tennis Commission
John Kenney Chairman
Refer to Finance and Property
#60
January 9, 2004
William F. Scanlon, Mayor
191 Cabot St.
Beverly, MA 01915
Dear Mayor Scanlon:
I am writing to summarize my discussions with Tom Durkin regarding school department
expenses, which were carried over “in excess of appropriations” (Municipal Finance
Laws, Chapter 44, Section 64) for the FY03 budget. In addition, this letter will detail action
taken by the school administration and School Committee to remedy this issue, as well as
Requested action on the part of the Beverly City Council
In summary, the following FY03 bills were not paid as part of that operating budget:
Keyspan 15,676.35
Massachusetts Electric 70,607.59
Nextel 2,708.65
Verizon 238.06
Total 89,230.65
In addition, we added $73,146 in special education positions and a total of $106,253 in
classroom positions (due to class size parameters) in August. This created a cumulative
budget issue of $268,629.65. Following is an accounting of our proposed solution, which
was accepted by the School Committee at their October 2003 meeting:
Special Education Contingency Fund 73,146.00
Grant Charges & Replacement Savings 40,013.00
Reduce Textbook Account 2,000.00
Reduce Equipment Account 2,000.00
Reduce Elementary Science Account 6,300.00
Reduce Computer Science Account 2,000.00
Reduce Testing Supplies 3,000.00
Reduce Substitute Teachers 10,000.00
Savings from Masters & credits account 5,701.00
Savings from unfilled/reduced positions 27,540.00
Fyo3 Encumbrances (Purchase Orders) 18,623.06
22
The remainder of the funding necessary to address this shortfall ($78,306.59) will be taken
from “excess” Medicaid reimbursements. As you may know, the City has budgeted
$475,000 of school department Medicaid reimbursements as part of its FY04 operating
budget. However, Mayor Crean had previously committed that all reimbursements
secured above this level would be directed to the School department FY04 budget.
Given that we brought in over $650,000 in FT03, we are very confident of our ability to
manage the remainder of the excess FY03 utilities expenditure from this funding source.
As you know, Massachusetts Municipal Finance Law specifies that “(2)ny…city having
unpaid bills of previous fiscal years may be legally unenforceable due to the insufficiency
of an appropriation in the year in which such bills were incurred may, in the case of a
city… appropriate money to pay such bills” It is important to note here that we are not
requesting any additional appropriation on the part of Beverly City Council; rather, we
are merely seeking permission to pay bills incurred as part of the FY03 operating budget
from our FY04 appropriations, plus the Medicaid reimbursement committed by Mayor
Crean.
I would be pleased to answer any questions that you might have relative to this plan and
request. Furthermore, I am looking forward to addressing the City Council on this issue, if
you believe it is necessary, whenever you believe it to be appropriate..
Lastly, I want to commend Tom Durkin for all of his efforts in assisting us in solving this
problem and promise you that we are taking steps to ensure that similar actions will not
be necessary in the future.
Sincerely,
William H. Lupine
Superintendent of Schools
Referred to Finance and Property
Communications, Applications and Petitions:
#61
Claim-Patricia Patnaude, 8 Fayette St, Beverly – Pothole
Receive and Place on File
Refer to City Solicitor
#62
Claim-Sonia Calle & Christian Alejandro
Receive and Place on File
Refer to City Solicitor
Reports from Committees
:
#21
The Committee on Finance and Property to whom was referred the matter of
Communication from Parks and Recreation re Carriage House Roof at Lynch Park have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Refer to the Mayor
9-0 Vote
Order read once and adopted
#26
The Committee on Finance and Property to whom was referred the matter of raising fees
in Clerks Office have considered said matter and beg leave to report as follows, to wit:
23
Submit the accompanying order and recommend its adoption
Ordered: That the Office of the City Clerk be allowed to raise the following costs:
Birth, Death and Marriage Certificates from $6.00 to $10.00
Business Certificate from $15.00 to $25.00
Certified copy of records other than Vital Records from $3.00 to $5.00
List of Persons from $15.00 to $20.00
Marriage License from $20.00 to $25.00
Christmas tree permit from $25.00 to $50.00
Affidavit for correction of vital record from $25.00 to $50.00
9-0 Vote
Order read once and adopted
#29
The Committee on Finance and Property to whom was referred the matter of
Communication from Beverly Farms Improvement Society relative to donation 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 of Beverly accept the donation of a new fountain at the corner of
Hale and West Streets from the Beverly Farms Improvement Society.
9-0 Vote
Order read once and adopted
#36
The Committee on Finance and Property to whom was referred the matter of Request for
salary ranges for Department and Assistant Department Heads have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Administration create a salary range for Department Heads and
Assistant Department Heads and that job descriptions be updated where needed.
9-0 Vote
Order read once and adopted
#40
The Committee on Finance and Property to whom was referred the matter of request for
additional time for budget shortfall discussions have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Committee on Finance and Property allow more time for each
meeting to review budget shortfalls in a more fiscally responsible manner. Additional
time is needed to review the budget and set options.
9-0 Vote
Order read once and adopted
#41
The Committee on Finance and Property to whom was referred the matter of request
Mayor to present preliminary draft of 05 budget 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 present a preliminary draft of the 2005 budget prior to May 1,
2004 in order that the council can review early on in order to prepare for anticipated
cuts in the budget. This order is meant to give the council a head start rather than
making the eleventh hour decisions.
24
9-0 Vote
Order read once and adopted
#46
The Committee on Finance and Property to whom was referred the matter of Transfer
from Handicapped Parking Fines to various accounts 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
Tuesday, February 17, 2004 at 6:30 PM at Beverly City Hall, third floor, 191 Cabot Street,
Beverly, MA relative to a transfer from account Handicapped Parking Fines to the
following accounts as per the request of the Beverly Commission on Disabilities:
$1,000.00 to Account Number 337 5700 – “Other Expenditures”
1,804.42 to account “Purchase and Install Assistive Hearing Devices
in the Beverly City Council Chamber
4,500.00 to Account Number 337 55366 – Curb Cuts on Rantoul and
Elliott Streets
$7,304.42 Total
First Passage: Feb. 2, 2004
Public Hearing: Feb. 17, 2004
Final Passage: Feb. 17, 2004
9-0 Vote
Order read once and adopted
#47
The Committee on Finance and Property to whom was referred the matter of Transfer to
Account 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
Tuesday, February 17, 2004 at 6:40 PM at Beverly City Hall, third floor, 191 Cabot Street,
Beverly, MA relative to a transfer from account Reserve for Unforeseen to Director of
Municipal Finance – Salary in the amount of $1,500.00 as per the request of the Mayor
First Passage: Feb. 2, 2004
Public Hearing: Feb. 17, 2004
Final Passage: Feb. 17, 2004
9-0 Vote
Order read once and adopted
#48
The Committee on Finance and Property to whom was referred the matter of Transfer to
Account 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
Tuesday, February 17, 2004 at 6:50 PM at Beverly City Hall, third floor, 191 Cabot Street,
Beverly, MA relative to a transfer from account Reserve for Unforeseen to Public Property
Repair in the amount of fifteen thousand ($15,000) Dollars
First Passage: Feb. 2, 2004
Public Hearing: Feb. 17, 2004
Final Passage: Feb. 17, 2004
Order read once and adopted
25
# 60
The Committee on Finance and Property to whom was referred the matter of School
Dept FY03 Bills have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the School Department be allowed to pay eighty nine thousand two
hundred thirty dollars and 35 cents in FY 03 bills form the FY 04 Budget as per the request
of Dr. Lupini. This order is approved with regret.
9-0 Vote
Order read once and adopted
#11
The Committee on Legal Affairs to whom was referred the matter of Mayor’s
Communication relative to Marianne Doane 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
#16
The Committee on Legal Affairs to whom was referred the matter of Appointment as
Constable-William Cicci 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
#20
The Committee on Legal Affairs to whom was referred the matter of Ordinance Motor
Vehicles and Traffic-No Parking 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 No Parking
Be it ordained by the city council of the City of Beverly as follows, to wit:
That Chapter 14, Section 122 (z) of the Revised Ordinances of the City of Beverly, 1989,
be, and the same is hereby amended as follows:
ADD:: No person shall park a vehicle between the hours of 7:00 a.m. and 10:00 p.m. on
Pleasant Street, southerly side, from Rantoul St. to Court St.
This ordinance to take effect upon passage according to City Charter
First Passage: February 2, 2004
Final Passage: February 17, 2004
9-0 Vote
Order read once and held for final passage as per charter provisions
26
#22
The Committee on Legal Affairs to whom was referred the matter of Communication
from Licensing Board relative to Sunday Sales 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
#24
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance-Demolition of Historically Significant Buildings 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 ARTICLE III. DEMOLITION OF
HISTORICALLY SIGNIFICANT BUILDINGS
Be it ordained by the City Council of the City of Beverly as follows:
That Chapter 10, Article III. Demolition of Historically Significant Buildings of the Revised
Ordinances of the City of Beverly 1989, be, and the same is hereby amended as follows:
Amend Sec. 10-41. Definitions by adding before the words “Business Day” a new
definition for Applicant as follows:
“Applicant means any person or entity who files an application for a demolition permit. If
the applicant is not the owner of the premises upon which the building is situated, the
owner must indicate with the application his/her assent to the filing of the application.”
Amend Sec. 10-41. Definitions by deleting the definition for Demolition and substituting a
new definition for Demolition as follows:
“Demolition means the intentional act of pulling down, destroying, removing, dismantling
or razing a building or structure or commencing the work of total or substantial
destruction with the intent of completing the same.”
Amend Sec. 10-43. Procedures subsection (c) and (d) by inserting after the words
“the commission”, each time they appear, the following phrase:
“or a designee of the commission”
Amend Sec. 10-43. Procedures subsection (c) by deleting the word “recede” and
inserting the word “receive” in its place.
Amend Sec. 10-43. Procedures subsection (e) by inserting after the words
“If the commission” the following phrase:
“or a designee of the commission”
Amend Sec. 10-43. Procedures subsection (e) by inserting after the words
“shall be published in said newspaper” the following phrase:
“at the expense of the applicant”
Amend Sec. 10-43. Procedures subsection (g), by deleting the words “six (6) months” and
inserting the words “twelve (12) months” and by deleting the words “six-month” and
inserting the words “twelve-month” in their place.
Amend Sec. 10-43. Procedures by adding new subsection (h) as follows:
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“(h) No permit for demolition of a building determined to be a preferably preserved
building shall be granted until all plans for future use and development of the site have
been filed with the Building Commissioner and have been found to comply with all laws
pertaining to the issuance of a building permit. All approvals necessary for the issuance
of such building permit including without limitation any necessary zoning variances or
special permits, must be granted and all appeals from the granting of such approvals
must be concluded, prior to the issuance of a demolition permit under this section.”
Amend Sec. 10-44. Notice, by deleting the words “owner or record” and inserting the
words “owner of record” in their place.
Amend Sec. 10-45. Emergency Demolition, by deleting the words “to cause demolition
before he initiates same” and inserting the words “to issue a demolition permit before it is
issued” in their place.
Amend Sec. 10-47. Enforcement and remedies subsection (b) by adding the following
sentence after “($300.00)”.
“Each day the violation exists shall constitute a separate offense until a faithful restoration
of the demolished building is complete or unless otherwise agreed to by the
Commission.”
Further amend Sec. 10-47. Enforcement and remedies by adding new subsections (c),
(d), and (e) as follows:
“(c) No building permit shall be issued with respect to any premises upon which a
building or structure subject to this Ordinance has been voluntarily demolished in
violation of this Ordinance for a period of two (2) years after the date of the completion
of such demolition, to be determined by the Building Commissioner. As used herein
“premises” includes the parcel of land upon which the demolished significant building
was located.
(d) Notwithstanding the foregoing, whenever the Commission shall, on its own initiative,
or on the application of the landowner, determine that earlier reconstruction, restoration
or other remediation of any demolition in violation of this article better serves the intent
and purpose of this article, it may, prior to the expiration of said period of two (2) years,
consent to the issuance of a building permit, upon such conditions as the Commission
deems necessary or appropriate to effectuate the process of this article, and may so
notify the Building Commissioner.
(e) Upon the determination by the Commission that a building is a preferably preserved
building, the owner shall be responsible for properly securing the building if vacant, to the
satisfaction of the Building Commissioner. Should the owner fail to secure the building,
the loss of such building through fire or other cause shall be considered demolition for the
purpose of this Ordinance.”
This ordinance to take effect upon passage according to charter provisions
First Passage: February 2, 2004
Final Passage: February 17, 2004
9-0 Vote
Order read once and held for final passages as per charter provisions
#27
The Committee on Legal Affairs to whom was referred the matter of Communication
from Marianne Doane relative to Beverly Golf and Tennis Appointment have considered
said matter and beg leave to report as follows, to wit;
Receive and Place on File
8-0 Vote Councilor Coughlin Abstained
Order read once and adopted
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#28/54
The Committee on Legal Affairs to whom was referred the matter of Waiver of Right of
First Refusal Estate of Pauline Nickerson 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, and the same is hereby authorized to sign the enclosed
Option Agreement and Waiver of Right of First refusal for land shown on the Beverly
Assessor’s Map 91, Lot 7, as recorded in the Essex South District Registry of Deeds Plan
Book 362, Plan 94, as per the request of Attorney Donald Greenough. This order is being
adopted under an emergency preamble, due to time constraints of MGL Chapter 61 A
9-0 Vote
Order read once and adopted
#15
The Committee on Public Services to whom was referred the matter of Appointments to
the Library Board of Trustees of Lindsay Diehl and Helga Senko have considered said
matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointments
9-0 Vote
Order read once and adopted
#17
The Committee on Public Services to whom was referred the matter of Appointment to
the Library Board of Trustees-Kathleen McMahon 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
#18
The Committee on Public Services to whom was referred the matter of Appointment to
Parks and Recreation of William Collins 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
#30
The Committee on Public Services to whom was referred the matter of Communication
relative to Lothorp Street resurfacing project have considered said matter and beg leave
to report as follows, to wit:
Receive and Place on File
Refer to City Engineer
9-0 Vote
Order read once and adopted
#33
The Committee on Public Services to whom was referred the matter of Request for
Streetlight on McKay Street have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying order and recommend its adoption
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Ordered: That a letter be sent to Massachusetts Electric requesting a street lamp on
McKay Street on pole #557.
9-0 Vote
Order read once and adopted
#35
The Committee on Public Services to whom was referred the matter of communication
relative to purchased of drugs from Canadian Market have considered said matter and
beg leave to report as follows, to wit:
Receive and Place on File
Refer to Mayor
9-0 Vote
Order read once and adopted
Unfinished Business:
Suspension of Rules:
Rules and Orders Updated
Objectives of City Council
Resolutions:
Motions and Orders:
#63
By Councilor Grimes:
Ordered: That the Director of Human Resources provides the City Council with a list of
current department heads and the expiration date of their term of office. Before March
1, 2004
Order read once and adopted
#64
By Councilor Guanci:
Ordered: That the Committee on Finance and Property along with the Director of
Municipal Finance establish and implement a plan to collect outstanding water and
sewer fees from industrial, commercial and residential users.
Referred to Finance and Property
#65
By Councilor Grimes
Ordered: That the Honorable City Council authorize the Mayor of Beverly to take any
and all steps reasonably necessary to maintain the train horn ban throughout the City of
Beverly until this order is amended or revoked by this City Council
Recommend adoption of the Order
#66
By Councilor Flaherty
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Ordered: That the city of Beverly explore the possibility for the city, at the appropriate
time take over the responsibility and management of the Beverly Golf and Tennis Club.
Referred to Finance and Property
#67
By Councilor Flaherty
Ordered: That Kathy Griffin do an in depth analysis of our revenue and expenditures as
compared to other cities of our size.
Referred to Finance and Property
Meeting adjourned: 9:45 PM Frances A. Macdonald, CMC
City Clerk
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