2007-03-05
Regular Meeting
Beverly City Council 7:00, PM March 5, 2007
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 Hobin
Appointments:
Public Hearings and Presentations:
7:05 PM Public Hearing-Residential reuse of Public Buildings Closed 7:50 PM
Refer to Leqal Affairs
Immediately following PH Rosemary Maglio re Public TrusUGovernment (11 Minutes)
Renee Mary re Government (4 Minutes)
Acceptance of Minutes:
Meeting of Feb. 20 2007
Communications from His Honor the Mayor:
#58
March 5, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Gregory R. DiGiorgio, 11 Nichols Avenue, #1,
Watertown, MA 02472 to serve as a Constable in the City of Beverly for the express purpose of serving Civil
Process.
His term will be effective until February 28, 2010. Attached is his application, which has been approved by
Police Chief John Cassola.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Leqal Affairs
#59
March 5, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the attached list of individuals to serve as
members of the Beverly Emergency Management Departments as requested by Mark Foster, Program
Director.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#60
March 5, 2007
Honorable City Council
City Hall
30
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Arthur Crandall, 61 Kernwood Avenue,
Beverly, MA 01915 to serve as a member of the Cable TV Advisory Commission.
His term will be effective until January 31,2010.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Leqal Affairs
Communications from Other City Officers and Boards:
#61
Comm. from Chief Cassola relative to promotion of Michael Devlin to Sergeant and appointment of new
Police Officers, Scott LeBlanc, Walter Patterson and Jeffrey Tache
Receive and Place on File
#62
March 2, 2007
Honorable City Council
C/O Frances Macdonald
City Hall
Beverly, Ma. 01915
Dear Councilors,
Re: Parking Ordinance change request, West Street.
We have received a request from Dom's Trattoria, 1 West Street to change the 15-minute parking 6:00 a.m.
to 7:00 p.m. to 15-minute parking 6:00 a.m. to 8:00 p.m. This would affect the three spaces in front of #1
West Street. Dom's Trattoria is primarily a take out restaurant and the additional hour of 15 minute parking
would assist their evening hours business. We looked into this request and concur with them.
Please take the necessary action to amend Chapter 14, Section 123 as follows:
Delete: Sec. 14-123, Fifteen-minute parking
West Street, three (3) spaces in front of #1 West Street, between the hours of 6:00 a.m. to 7:00
p.m., 7 days a week.
Add: Sec. 14-123, Fifteen-minute parking
West Street, three (3) spaces in front of #1 West Street, between the hours of
6:00 a.m. to 8:00 p.m., 7 days a week.
Very truly yours,
Christopher J. Negrotti, Traffic Sergeant
Safety Officer
Refer to Leqal Affairs
#63
March 1, 2007
Honorable City Council
C/O Mrs. Frances Macdonald
City Hall
Beverly, Ma. 01915
Dear Councilors,
Re: Revocation Taxi License 2007-06 Livery L V47 420 and Pending License for Livery L V40450.
We have received complaints of a Livery (limousine) business, licensed by the City of Beverly, being
operated as a Taxi business, in violation of Chapter 13, Article III. Chapter 13, Article III regulates Taxi
businesses and Article IV regulates Limousine businesses. The taxi regulations under Article III are much
31
more stringent than the limousine regulations under Article IV. Some of these regulations are that taxis are
required to have meters regulated by the City Sealer of Weights and Measures, the fares are set by City
Ordinance Sec 13-81, have a staffed office during operating hours and the vehicles are subject to inspection
by the police department. None of these regulations apply to livery (limousine) businesses under Article IV.
We have received complaints that Dennis Soper and Brian Davis, dba NDARYD Transportation, 100
Cummings Center, Beverly, Ma. are operating as taxis in violation of Chapter 13, Art. III.
Soper has a Livery (limousine) license issued by the City of Beverly, # 2007-06, for one vehicle, a 1995
Mercury Grand Marquis, sedan, Ma. registration LV47420. The business on this license is NDARYD
Transportation.
Soper and Davis have an application for a second Livery license pending approval by the Beverly City
Council. The business is also listed as NDARYD Transportation on the application.
On February 28, 2007 in response to complaints regarding NDARYD transportation, Beverly Police
detectives observed Soper parked in the taxi stand on Park St. in his Mercury Marquis with a "taxi" sign
affixed to his vehicle. Also observed at the same time in the taxi stand was Brian Davis in a 2001 Ford
Crown Victoria, Ma. reg. LV40450. This vehicle is apparently unlicensed by the City as a Livery vehicle.
At this time Mr. Davis would be considered an unsuitable person to be issued a license by the Beverly Police
Department.
These vehicles are essentially being operated as taxicabs in violation of current City ordinances. This has
led to disputes with other legitimate taxi businesses. Due to the facts presented, we request the Council
revoke Livery license 2006-6 and deny the pending application for the second license.
Very truly yours,
Christopher J. Negrotti, Traffic Sergeant
Safety Officer
Refer to Leqal Affairs
#64
March 5, 2007
Honorable City Council
C/o Mrs. Frances Macdonald
City Hall
Beverly, Ma. 01915
Dear Councilors,
Re: Stop Sign Ordinance change request, Hale Street and Dane Street.
We have received requests for the intersection of Hale Street and Dane Street to be made a 4-way stop
intersection. There have been numerous accidents at this intersection and we concur with the request.
Please take the necessary action to amend Chapter 14 Section 86 as follows;
Add: Sec. 14-86 (b), Obedience to isolated stop signs.
Dane Street, Northwest bound and Southeast bound drivers on Dane Street at Hale
Street, both sides.
Hale Street, Northeast bound and Southwest bound drivers on Hale Street at Dane
Street, both sides.
Very truly yours,
Christopher J. Negrotti, Traffic Sergeant
Safety Officer
Refer to Leqal Affairs
Communications, Applications and Petitions:
#65
Comm. from Massachusetts Motorcycle Association relative to signs supporting Motorcycle Safety
Awareness Period
32
Refer to Receive and Place on File
#66
Cabot Street Homes, North Shore HOME Consortium Proposal for Funding
Refer to Receive and Placed on File
#67
North Shore Regional Vocation School District Annual Report
Receive and Place on File
#68
North Shore Regional Vocational School District Annual Report Short Form
Receive and Place on File
#69
Comm. from Mass DEP relative to Draft of National Pollutant Discharge Elimination System
Refer to Public Services
#70
Communication re restoration of city property
Refer to Leqal Affairs and Committee of the Whole
Reports from Committees:
#24
The Committee on Legal Affairs to whom as referred the matter of request to post delinquent tax payers on
line have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended order and recommend its adoption
Ordered: That the list of delinquent taxpayers currently printed in the news paper also be posted to the City
of Beverly Web Site.
Voted out of Committee 2-1 with Troubetaris voting against
Order read once and adopted 9-0 Back Vote Referred to Committee on Legal Affairs
#44
The Committee on Legal Affairs to whom was referred the matter of Appointment Planning Board-Stephanie
Williams have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointment
Order read once and adopted 9-0 Vote
#45
The Committee on Legal Affairs to whom was referred the matter of Request to accept Jewett Road have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying amended order and recommend its adoption
33
Ordered: That the City Council accept Jewett Road as per the request of the Director of Engineering and
that a sign be placed at the intersection of Bonad and Jewett Roads stating (NO MOTOR VEHICLES
BEYOND THIS POINT)
Order read once and adopted 9-0 Vote Referred back to Committee on Legal Affairs
#47
The Committee on Legal Affairs and Accounts to whom was referred the matter of request to waive City
Ordinance-Alcohol in a Public Building 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 waive Section 15-10 of the City Ordinance relative to consumption of
alcoholic beverages in public buildings as per the request of the Cardinal Alumni Association for an event at
the Senior Center on May 12, 2007.
Order read once and adopted 9-0 Vote
#49
The Committee on Legal Affairs and Accounts to whom was referred the matter of request to waive City
Ordinance-Alcohol in a Public Building 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 waive Section 15-10 of the City Ordinance relative to consumption of
alcoholic beverages in public buildings as per the request of the Margaret Thorndike for an event at the
Beverly Farms Library on March 22, 2007.
Order read once and adopted 9-0 Vote
#50
The Committee on Legal Affairs to whom was referred the matter of Application Second Hand Junk Dealers
License-De-Ja-Vu, 145 Cabot St. 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
#51
The Committee on Legal Affairs to whom was referred the matter of Application Limo License NDARYD
Transportation relative to 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 Referred back to committee on Legal Affairs
#57
The Committee on Legal Affairs to whom was referred the matter of Ordinance-Zoning Signs have
considered said matter and beg leave to report as follows, to wit:
Refer to Planning to set Public Hearing
Order read once and adopted 9-0 Vote
Unfinished Business:
#36 Ordinance-MV & T No Parking Bartlett st.
Resolutions:
Motions and Orders:
#71
34
Paul Guanci
City Council President
Ordered: That the "Committee of the Whole" be posted in conjunction with the "Committee on Finance and
Property" when the City Council's Budget Analyst is scheduled to appear.
Order approved 9-0 vote
#72
By Councilor Guanci:
Ordered: Per city charter, the City Council is charged with reviewing the City's Code of Ordinances. I herby
appoint Council President, Paul Guanci, Ward 2 Councilor Miranda Gooding, Ward 3 Councilor John Burke
and Ward 4 Councilor Kevin Hobin to serve on the Ordinance Review Committee. Ward 3 Councilor, John
Burke has expressed interest in serving as committee chairperson.
Order approved 9-0 Vote
#73
By Councilor Troubetaris:
Ordered: That the lower end of Sturtevant St. numbers 56 - 62 be accepted as a city Street.
Refer to Leqal Affairs 9-0 Vote
Meeting adjourned: 9:22 PM
Frances A. Macdonald, CMC
City Clerk
35