2006-12-04
Regular Meeting of Beverly City Council 7:00 PM Dec. 4, 2006
Roll Call
:
Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia
Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci
Pledge of Allegiance to the Flag
: Led by Councilor Martin
Appointments:
Public Hearings and Presentations:
7:02 PM National Grid, Conduit Cleveland Road
Refer to Public Services
7:05 – 7:15 PM Rosemary Maglio re Sidewalk on Pleasant St.
7:15 PM Lee Dellicker – Pleasant St. Sidewalk
Acceptance of Minutes:
Meeting November 20, 2006 and Special Meeting of November 27, 2006
Communications from His Honor the Mayor
:
#257
December 4, 2006
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Arthur A. Vanetzian, 177 Common Street, Watertown,
MA 02472, as a Constable in the City of Beverly for the express purpose of serving Civil Process.
Mr. Vanetzian’s application, which has been approved by Police Chief John Cassola, is enclosed and his term will be
effective until December 31, 2009.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#258
December 4, 2006
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following to serve as members of the Council on
Aging:
Mary Lou Mital
93 Cross Lane
Beverly, MA 01915
Term to be effective until June 30, 2009
149
Robert D. Murphy
34 Appleton Avenue
Beverly, MA 01915
Term to be effective until June 30, 2009
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#259
December 4, 2006
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As you know, every ton of material which is recycled is a ton which avoids the incinerator at RESCO in Saugus and
saves the City $73.00 in avoided tipping fees at RESCO. Importantly it is also the right thing to do for the environment
holding down carbon dioxide emissions which many learned people think are contributing to global warming.
Beverly will soon tighten the rules on cardboard recycling significantly. Failure to follow these rules by residents
placing cardboard in the waste stream can lead to trash not being picked up by the hauler.
In order to ensure that all councilors are on board with the new rules before the planned February 1, 2007
implementation date, I am requesting that two councilors be identified to work with me and others to ensure full
understanding and agreement by the Council of the new, more stringent rules.
For your information the “Buck a Bin” Program has resulted in sales of more than 1,250 bins in recent weeks. Sales
are expected to be strong through year end.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Receive and Place on File
#260
December 4, 2006
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I submit for your consideration and hopefully your approval, the attached request for a zoning change allowing for the
Planning Board by Special Permit to approve buildings up to 75’ tall to be constructed in the area of Rantoul Street
from School Street to Elliott Street. The proposed language contains many protective requirements so as not to be
offensive to neighbors and to address other concerns. Outside consultants have been employed to assist in
developing this proposal.
This most important legislation can be of tremendous help to our city in providing the appropriate new growth which will
allow us to pursue badly needed infrastructure projects such as the Middle School and Public Safety Facilities.
I strongly urge your passage of this important legislation so important to our future.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs and the Committee of the Whole
Communications from other City Officers and Boards
#261
November 29, 2006
Honorable City Council
150
191 Cabot Street
Beverly, MA 01915
Dear City Councilors:
Attached is a list of establishments renewing their Lodging House Licenses.
City Council approval is needed to complete the process for licensing. No license will be issued until we have all the
necessary paperwork required for licensing.
Thank you for your assistance concerning this matter.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs 9-0 Vote
#262
November 29, 2006
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear City Councilors:
Attached is a list of all establishments renewing their first, second and third class Motor Vehicle Dealers Licenses.
City Council approval is needed to complete the process for licensing. No license will be issued until we have all the
necessary paperwork required for licensing.
Thank you for your assistance concerning this matter.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs
#263
November 29, 2006
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear City Councilors:
Attached is a list of all establishments renewing their Amusement Device Licenses for the year 2007.
City Council approval is needed to complete the process for licensing. No license will be issued until we have all the
necessary paperwork required for licensing.
Thank you for your assistance concerning this matter.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs
#264
Beverly City Council
191 Cabot St.
Beverly, MA 01915
151
RE: Notification of Acceptance of Chapter 157 of the Acts of 2005
Dear Member of the City Council:
This letter is to inform you that on July 27 and October 26, 2006, the Beverly Retirement Board voted to accept the
th
provisions of Section 1 and 2 of Chapter 157 of the Acts of 2005. Section 1 provides an additional annual benefit in the
amount of $15.00 for each year of creditable service, not to exceed $300.00 in any year, for those members of the
Beverly Retirement System who are veterans and who retired for accidental disability. Section 1 will be paid
prospective only6 and will take effect upon the approval of the City Council.
Section 2 provides the same benefit as Section 1 but the benefit paid under Section 2 will be retroactive to the effective
date of the member’s retirement. For example, if Section 2 is approved by the City Council, a member who is a
veteran and who retired for accidental disability on January 1, 2000 will receive the benefit contemplated by Section 1,
retroactive to the date of the member’s retirement.
The purpose of this legislation was to correct an inequity, which has existed for decades in the retirement stature
between those veterans who retired for superannuation (a regular retirement) and those veterans who retired for
accidental disability. Accordingly, the Board respectfully requests that the City Council accept both Sections 1 and 2.
Please note that the City Council has the discretion to accept only Section 1 if it so chooses, but cannot accept Section
2 without also accepting Section 1.
Should the City Council have any questions, do not hesitate to contact Ann Fournier directly ro myself.
Very truly yours,
John F. Lane, Jr. Chairman
Beverly Retirement Board
Refer to Finance and Property
#265
December 4, 2006
The Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: MCKAY SCHOOL
Dear Members of the Council:
You will recall that some months ago I proposed an amendment to the zoning ordinance (Section 29-23.E., Residential
Reuse of Existing Public Buildings) as a precursor to the City’s publishing a Request for Proposals for the McKay
School. During discussion on that proposal, several councilors voiced concern about changing the ordinance to
replace the City Council as the designated Special Permit Granting Authority (SPGA). In the earlier proposal, the
Planning Board would have been the SPGA for such developments. Those councilors preferred to keep the permit
granting authority with the Council.
Hearing no dissenting views in the interim, I have revised the earlier amendment accordingly to reflect the Council’s
stated wishes and attach it for your review.
Given the subject matter, I would ask the Council to consider referring this proposed amendment to the Committee on
Legal Affairs for discussion, prior to accepting it for formal public consideration. Since our collective ability to make
changes to the draft is limited once a legal advertisement is published, I would recommend an informal review to
ensure that what will be a “new” process for the Council is appropriately drafted for its use.
I would be happy to attend such a committee meeting if my presence would be helpful.
Respectfully,
Tina P. Cassidy, Director
Planning & Development Department
Refer to Legal Affairs and Committee of the Whole
Communications, Applications and Petitions:
#266
Application for Sale of Christmas Trees, Robert MacArthur, 449 Cabot St.
152
Refer to Legal Affairs
#267
Application to Sell Christmas Trees, Susan Woods Powell, Ryal Side Café, 119 Bridge St.
Refer to Legal Affairs
#268
Communication relative to disappearance of city sidewalk on south side of Pleasant St. (Pisani’s Market Property)
Refer to Legal Affairs
Reports from Committees:
#266
The Committee on Legal Affairs to whom was referred the matter of Application for Christmas Tree License, Robert
MacArthur, 449 Cabot St. have considered said matter and beg leave to report as follows, to wit:
Recommend the License be granted
Order read 0nce and adopted 9-0 Vote
#267
The Committee on Legal Affairs to whom was referred the matter of Application for Christmas Tree License, Susan
Woods Powell, 119 Bridge St. have considered said matter and beg leave to report as follows, to wit:
Recommend the License be granted
Order read 0nce and adopted 9-0 Vote
#250
The Committee on Public Services to whom was referred the matter of Petition National Grid for a conduit in Cleveland
Road have considered said matter and beg leave to report as follows:
Recommend the petition be granted
Order read once and adopted 9-0 Vote
#258
The Committee on Public Services to whom was referred the matter of reappointment to Council On Aging of Mary Lou
Mital and Robert Murphy have considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the appointments
Order read once and adopted 9-0 Vote
Unfinished Business:
#170 Ordinance Zoning Section 29
#229 Ordinance “Personnel” Mayor’s Salary 7-2 Burke- Grimes
Resolutions:
Motions and Orders:
CMC
Meeting adjourned: 8:00 PM Frances A. Macdonald,
City Clerk
153