Loading...
2007-07-02 Regular Meeting Beverly City Council 7:00, PM July 2 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 Flaherty Appointments: Public Hearings and Presentations: Acceptance of Minutes: Special Meeting of June 25, 2007 Communications from His Honor the Mayor: #176 July 2, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Mark J. Snider, 103 Boardman Avenue, Melrose, MA 02176, to serve as a constable in the City of Beverly for the express purpose of serving Civil Process. Attached is his application which has been approved by Police Chief John Cassola. His term will be effective until June 30,2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leqal Affairs Communications from Other City Officers and Boards: #177 June 28, 2007 Honorable Councilors 191 Cabot St. Beverly, MA 01915 Dear Honorable Council, The men and women of the Beverly Police Department are a courageous and caring group of people who have a strong commitment to our citizen's safety and their quality of life. They deserve the leadership and support, at all levels within city government, which will allow them to best serve the needs of our community. Mr. Burke has done a great disservice to the Beverly Police Department, and the citizens of Beverly. His careless allegations and malicious actions, shielded in anonymity, reveal Mr. Burke's great indifference to the truth and to the community he has sworn to serve. I am looking forward to committing my full efforts to the citizens of Beverly and advancing our law enforcement effectiveness. I am confident that the members of the City Council will take the necessary corrective action in this matter. Very truly yours, Mark A. Ray Receive and Place on File #178 June 28, 2007 112 The Honorable Councilors Beverly City Council Cabot Street Beverly, Massachusetts 01915 Dear Honorable Council: Councilor John J. Burke admitted to two senior Beverly Police officers that his malicious "anonymous" letter was intended in part to neutralize the office of the Beverly City Solicitor because he did not like some of our official opinions, notwithstanding his utter lack of legal training. Before writing and sending his unsigned letter Mr. Burke had never voiced any concern to me or to any member of my staff. Instead, he attempted to improperly influence our legal opinions by libeling me and my wife, claiming favorable treatment by the Beverly Police toward my wife four years ago when I was not even a City employee. Despite the demonstrated utter falsity of this claim Mr. Burke persists in making it, for what nefarious purpose only he knows. The employees of the Solicitor's office will not be intimidated by anyone, and certainly not by one who would attempt to achieve corrupt objectives without the courage to put his name to unwarranted assertions. Going forward, it will be difficult for my office to work effectively with a city councilor who had hoped to mislead an entire City. The City Charter makes the voters of Ward 3 the ultimate arbiter of Mr. Burke's sordid affair should he fail to heed the calls for his resignation, but I rise tonight to do the only thing available to me as City Solicitor, and add my own voice to those calls. I call upon Mr. Burke to resign now. I believe it is the only honorable thing left for him to do. Very truly yours, Roy F. Gelineau, Jr., City Solicitor Receive and Place on File #180 Resolutions of Resignation, Committee Resolution and No Confidence Resolution Resolution of Resignation WHEREAS, under cover letter dated June 25,2007 addressed from Mayor William F. Scanlon, Jr. to the City Council, the Council received a report from Chief of Police John A. Cassola dated June 25, 2007 regarding certain property and actions of Ward 3 Councilor John J. Burke (herein, the "Chief's Report," which is incorporated herein by this reference); WHEREAS, as outlined in the Chief's Report, Ward 3 Councilor John J. Burke has engaged in a series of deceitful and misleading actions involving the City Council and the Police Department, including the following Authoring and mailing an "anonymous" letter to the City Council members expressing opinions regarding a matter then on the Council's agenda and scheduled for future deliberation; 2. Participating in Council discussion on June 11, 2007 regarding the anonymous letter without disclosing that he was the author; 3. Denying that he authored the anonymous letter during a telephone conversation with the Chief of Police on June 20, 2007; and 4. Making intentional misrepresentations to Captain Jack DiVincenzo during a subsequent telephone conversation on the same date regarding the Chief's supposed release of Mr. Burke's portable computer flash drive to Mr. Burke (all as further detailed in the report of Captain DiVincenzo dated June 21, 2007); WHEREAS, despite Mr. Burke's professed concerns regarding the appointment of Lieutenant Mark Ray as Chief of Police outlined in the anonymous letter, he failed to articulate a single one of those concerns in his capacity as an elected official during the City Council debate regarding Lieutenant Ray's appointment on June 11, 2007, and, indeed, voted in favor of Lieutenant Ray's confirmation on June 18, 2007; WHEREAS, as stated in the Chief's Report, Mr. Burke's actions were motivated by a desire to exert undue influence on the City Solicitor's office and "neutralize" that department, and to "avenge what he described as a personal affront he suffered several years ago;" WHEREAS, as outlined above, Mr. Burke has deliberately misled and deceived members of the Council, Police Department and the citizens of Beverly; sought to improperly influence the operations and policy of the City Solicitor's office; and failed to carry out his responsibilities and duties as an elected official; WHEREAS, it is the sense and judgment of the City Council that such actions constitute conduct unbecoming the office of a ward councilor and are an egregious betrayal of the public trust that was invested in Mr. Burke by virtue of his election by the voters of Ward 3; WHEREAS, it is the further sense and judgment of the City Council that Mr. Burke has abused the trust of his fellow councilors and, as a result, will be unable to effectively participate in deliberations of this Councilor to carry out his responsibilities as a ward councilor; and WHEREAS, by a vote of , the City Council has publicly resolved to condemn and disapprove the actions taken by Mr. Burke and has declared no confidence in his ability to further serve as Ward 3 Councilor, and by a vote of ___, the City Council has granted the City Council President the authority to remove Mr. Burke from all standing and temporary committees of the City Council, effective July 9, 2007; 113 NOW, THEREFORE, be it RESOLVED That the City Council proclaims that it is in the best interests of the City Council, the residents of Ward 3 and the entire City of Beverly for Mr. Burke to resign his office as Ward 3 Councilor, and further requests that Mr. Burke submit his resignation to be effective July 9, 2007. Committee Resolution WHEREAS, under cover letter dated June 25,2007 addressed from Mayor William F. Scanlon, Jr. to the City Council, the Council received a report from Chief of Police John A. Cassola dated June 25, 2007 regarding certain property and actions of Ward 3 Councilor John J. Burke (herein, the "Chief's Report," which is incorporated herein by this reference); and WHEREAS, as outlined in the Chief's Report, Ward 3 Councilor John J. Burke has engaged in a series of deceitful and misleading actions involving the City Council and the Police Department, including the following 5. Authoring and mailing an "anonymous" letter to the City Council members expressing opinions regarding a matter then on the Council's agenda and scheduled for future deliberation; 6. Participating in Council discussion on June 11, 2007 regarding the anonymous letter without disclosing that he was the author; 7. Denying that he authored the anonymous letter during a telephone conversation with the Chief of Police on June 20, 2007; 8. Making intentional misrepresentations to Captain Jack DiVincenzo during a subsequent telephone conversation on the same date regarding the Chief's supposed release of Mr. Burke's portable computer flash drive to Mr. Burke (all as further detailed in the report of Captain DiVincenzo dated June 21, 2007 and incorporated herein by this reference); and WHEREAS, despite Mr. Burke's professed concerns regarding the appointment of Lieutenant Mark Ray as Chief of Police outlined in the anonymous letter, he failed to articulate a single one of those concerns in his capacity as an elected official during the City Council debate regarding Lieutenant Ray's appointment on June 11, 2007, and, indeed, voted in favor of Lieutenant Ray's confirmation on June 18, 2007; WHEREAS, as stated in the Chief's Report, Mr. Burke's actions were motivated by a desire to exert undue influence on the City Solicitor's office and "neutralize" that department, and to "avenge what he described as a personal affront he suffered several years ago;" and WHEREAS, as outlined above, Mr. Burke has deliberately misled and deceived members of the Council, Police Department and the citizens of Beverly; sought to improperly influence the operations and policy of the City Solicitor's office; and failed to carry out his responsibilities and duties as an elected official; and WHEREAS, it is the sense and judgment of the City Council that such actions constitute conduct unbecoming the office of a ward councilor and are an egregious betrayal of the public trust that was invested in Mr. Burke by virtue of his election by the voters of Ward 3; and WHEREAS, it is the further sense and judgment of the City Council that Mr. Burke has abused the trust of his fellow councilors and, as a result, will be unable to effectively participate in deliberations of this Councilor to carry out his responsibilities as a ward councilor; WHEREAS, by a vote of , the City Council has publicly resolved to condemn and disapprove the actions taken by Mr. Burke and has declared no confidence in his ability to further serve as Ward 3 Councilor; NOW, THEREFORE, be it RESOLVED That the City Council President shall exercise the authority granted to him under the Beverly Home Rule Charter and the Rules and Orders of City Council to remove Mr. Burke from all standing and temporary committees of the City Council, effective July 9, 2007. No Confidence Resolution WHEREAS, under cover letter dated June 25,2007 addressed from Mayor William F. Scanlon, Jr. to the City Council, the Council received a report from Chief of Police John A. Cassola dated June 25, 2007 regarding certain property and actions of Ward 3 Councilor John J. Burke (herein, the "Chief's Report," which is incorporated herein by this reference); and WHEREAS, as outlined in the Chief's Report, Ward 3 Councilor John J. Burke has engaged in a series of deceitful and misleading actions involving the City Council and the Police Department, including the following 9. Authoring and mailing an "anonymous" letter to the City Council members expressing opinions regarding a matter then on the Council's agenda and scheduled for future deliberation; 10. Participating in Council discussion on June 11,2007 regarding the anonymous letter without disclosing that he was the author; 11 Denying that he authored the anonymous letter during a telephone conversation with the Chief of Police on June 20, 2007; 12. Making intentional misrepresentations to Captain Jack DiVincenzo during a subsequent telephone conversation on the same date regarding the Chief's supposed release of Mr. Burke's portable computer flash drive to Mr. Burke (all as further detailed in the report of Captain DiVincenzo dated June 21, 2007 and incorporated herein by this reference); and WHEREAS, despite Mr. Burke's professed concerns regarding the appointment of Lieutenant Mark Ray as Chief of Police outlined in the anonymous letter, he failed to articulate a single one of those concerns in his capacity as an elected official during the City Council debate regarding Lieutenant Ray's appointment on June 11, 2007, and, indeed, voted in favor of Lieutenant Ray's confirmation on June 18, 2007; WHEREAS, as stated in the Chief's Report, Mr. Burke's actions were motivated by a desire to exert undue influence on the City Solicitor's office and "neutralize" that department, and to "avenge what he described as a personal affront he suffered several years ago;" and WHEREAS, as outlined above, Mr. Burke has deliberately misled and deceived members of the Council, Police Department and the citizens of Beverly; sought to improperly influence the operations and policy of the City Solicitor's office; and failed to carry out his responsibilities and duties as an elected official; and 114 WHEREAS, it is the sense and judgment of the City Council that such actions constitute conduct unbecoming the office of a ward councilor and are an egregious betrayal of the public trust that was invested in Mr. Burke by virtue of his election by the voters of Ward 3; and WHEREAS, it is the further sense and judgment of the City Council that Mr. Burke has abused the trust of his fellow councilors and, as a result, will be unable to effectively participate in deliberations of this Councilor to carry out his responsibilities as a ward councilor; NOW, THEREFORE, be it RESOLVED That the City Council hereby condemns and disapproves the deceitful and unethical actions taken by Mr. Burke as outlined herein and further declares that the Council has no confidence in Mr. Burke's fitness and ability to serve as Ward 3 Councilor. Refer to Finance and Property Communications, Applications and Petitions: #179 June 28, 2007 Honorable Councilors 191 Cabot St. Beverly, MA Dear Councilors: Four years ago I made a terrible decision. I got behind the wheel of a car after drinking. I was arrested by a Beverly police officer, incarcerated in a holding cell or the Beverly Police Station, publicly arraigned and prosecuted by the Essex County District Attorneys Office, privately castigated by friends and family and appropriately punished. I admitted my guilt in open court, lost my driver's license, was placed on probation, ordered to attend the CASP program and was required to pay court, probation and other fines and fees. I publicly fulfilled all of the terms of my probation and privately apologized to the friends and family I had disappointed. I took complete responsibility for my actions and, even though my sense of guilt and self- disappointment remain, believed that I had put the matter behind me. Until now. Councilor John Burke's anonymous letter falsely claiming that I received preferential treatment by the Beverly Police Department is shameless. While his admitted intent may have been to improperly influence the decisions of this city's Solicitor's office, his deceitful effect has been to cast a shadow on my husband, a good and honest man, and to cause shame to me and to our family, innocent victims of Mr. Burke's abhorrent act. As painful and a difficult as it has been to writ e and sign this letter setting forth the facts, I felt it necessary to dispel any speculation caused by Mr. Burke's anonymous and false allegations. Respectfully, Patricia Gelineau Receive and Place on File #181 Communication from Town of Danvers to confirm the intent of the Town of Danvers to waive payment In- Lieu-Of-Tax fee assessed to the City of Beverly in conjunction with the operation of the Airport Receive and Place on File #182 Application Taxi License NDARYD Refer to Leqal Affairs #183 Application Limousine License Robert V. Mackenzie Refer to Leqal Affairs #184 115 July 2, 2007 Honorable Councilors 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: On June 25th, 2007, I sent a letter to Mayor Scanlon documenting my knowledge of events surrounding an unsigned letter submitted to the City Council and the identification of John Burke as its author. I stand by every word. Mr. Burke provided false statement to me repeatedly, during his attempt to avoid taking responsibility for the anonymous letter. When I encouraged Mr. Burke to bring forward his letter to the City Council, he stated, "I will not take credit for this letter." When I informed Mr. Burke that if he did not take responsibility, I would notify the City Council. He told me, "If you tell the City Council, the letter will be made public." Mr. Burke made it clear that if he were allowed to remain anonymous, he would take no further action to address his allegations. However, neither I, nor members of the Beverly Police Department could allow this to stand. The Beverly Police Department brought these allegations before the public, not Mr. Burke. I investigated the three incidents alleged in Mr. Burke's unsigned letter. In fact, the majority of his unsubstantiated allegations were quickly determined to have no basis in fact. I have determined that Beverly Officers acted appropriately and within policy during each of these cases. Mr. Burke's attempt to paint this department as corrupt in unacceptable. The honest and committed men and women of the Beverly Police Department deserve better from a member of the City Council. Very truly yours, John Cassola, Chief of Police Receive and Place on File #185 July 2, 2007 Honorable Councilors 191 Cabot St. Beverly, MA 01915 Dear Councilors: I am writing to publicly refute the last of Councilor John Burke's three false and harmful accusations, that I would have been arrested following a traffic accident in 2005. Mr. Burke accused me of having been drunk that night. I was not. Mr. Burke accuses the officers who responded to the scene of covering up my accident. They did not. On the evening of November 8, 2005 I skidded off the road avoiding an animal that had crossed into the street and I hit a fence. When police arrived I was visibly very shaken and emotionally distraught. With my husband away in Iraq I had been facing the stresses of family life alone for close to a year, and I had spent every hour of every day of that year worrying for Mark's safety, never knowing whether he was going to make it home. The accident was the straw that broke the camel's back. I broke down. Officers did do their best to comfort me and they did assist me in getting home. They did not cover up anything. Mr. Burke should be able to attest to that himself, he went to the accident scene the next day and took the pictures he would use nearly two years later in his anonymous letter to you. Notwithstanding his recent assertions to the contrary, Mr. Burke's letter was not intended to prompt an investigation into this or any other allegation. His letter does not contain one single demand or even request for any investigation of any sort. His letter calls only for the rejection of my husband's appointment. Chief Cassola has reported that Mr. Burke admitted to making the allegation about me to avenge a personal affront I caused him some years ago. The only substantive interaction I recall having had with Mr. Burke was he approached me in my capacity as a local journalist and suggested I write an article about him. He suggested the article include very inflammatory material about a third party. I declined, and given that I had reason to believe Mr. Burke has been the antagonist in the matter to which he was referring, I may have done so rather curtly. In closing, I want to acknowledge the courage of Patricia Gelineau, who publicly rebutted Councilor Burke's allegation in her regard and painfully sat in the City Council Chamber while Councilor Burke continued to shamelessly refer to that disapproved allegation as true. Respectfully, Corinne Ray Receive and Place on File 116 Request by Council Burke to speak was Granted Reports from Committees: #180 The Committee on Finance and Property to whom was referred the matter of three resolutions dealing with Councilor Burke have considered said matter and beg leave to report as follows, to wit: Submit the accompanying resolutions and recommend adoption Ordered: That the City Council approve the following resolutions relative to Councilor John Burke: No Confidence Resolution 8-1 Burke Against Removal from Committee Amend date to Immediately 8-1 Burke Against on amendment 8-1 Vote Resignation 7-2 Vote Burke and Martin Against Order read once and adopted as voted above #183 The Committee on Legal Affairs to whom was referred the matter of Application for Limousine License Robert V. Mackenzie have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted 8-0 Vote #70 The Committee on Legal Affairs to whom was referred the matter of Restoration of City Property have considered said matter and beg leave to report as follows to wit: Receive and Place on File Order Read once and Adopted 9-0 Vote #171 The Committee on Legal Affairs to whom was referred the matter of Incident Report relative to Lost and Found Property have considered said matter and beg leave to report as follows to wit: Receive and Place on File Order Read once and Adopted 9-0 Vote #172 The Committee on Legal Affairs to whom was referred the matter of Police report and conduct of Councilor have considered said matter and beg leave to report as follows to wit: Receive and Place on File Order Read once and Adopted 9-0 Vote Unfinished Business: #139 Ordinance Public Works, Article One-Trash Removal & Disposal Service Fee 7-2 Resolutions: Motions and Orders: 117 #186 By Councilor Burke: Ordered: That the Beverly City Council request that the Public Corruption Unit within the Federal Bureau of Investigation conduct an outside and independent investigation into allegations of corruption within the Beverly Police Department including, but not limited to, allegations of drunk-driving cover-up on the night of November 8th, 2005. Refer to Committee of the Whole #187 By Councilor Guanci: Ordered: That Councilor John Burke is removed as a member of the Beverly City Council's Committee on Legal Affairs and is also removed as chairman of the Beverly City Council's special Ordinance Review Committee effective Monday, July 2, 2007 Council Martin amends to end Immediately 8-1 vote on amendment Order read once and adopted 8-1 Vote Meeting adjourned: 8:20 PM Frances A. Macdonald, CMC City Clerk 118