2008-03-03
Regular Meeting
Page 1 of 10
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Tuesday, March 04, 2008 11 :20 AM
To: minutes@beverlyma.gov
Subject: 08mar3.doc
Regular Meeting
Beverly City Council 7:00, PM March 3, 2008
Ro II Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin,
D. Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty
Pledge of Allegiance to the Flag: Led by Councilor Grimes
Resolutions:
#51
7:01 PM Eagle Scout John Wywoda
Public Hearings and Public Speakers:
7:05 PM #45 Public Hearing Transfer to Account Police Overtime
Refer to Finance and Property
7:15 PM #49 Joint Public Hearing with Planning re Sect. 29-29.C. Zoning
Refer to Legal Affairs
7:25 PM #24 Joint Public Hearing with Planning re OSRD Zoning Amendment
Recessed until April 7. 2008 at 7:15 PM
Acceptance of Minutes:
February 19, 2008
Appointments:
Communications from His Honor the Mayor:
#52
3/5/2008
Regular Meeting
Page 2 of 10
March 3, 3008
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. John J. Ruehrwein, 32 Pine Street, P.O. Box 3016, Wakefield, MA
01880, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Attached is a communication from
Police Detective David Richardson concerning his background check.
Mr. Ruehrwein's term will be effective until April 30, 2011.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Service
#53
Feb. 26. 2008
Honorable City Council
Beverlry City Hall, 191 Cabot St.
Beverly, Ma 01915
RE FEDERAL HEIGHTS - 48 FEDERAL ST-AFFORDABLE HOUSING UNITS
Dear Honorable Council:
I hereby request city Council authorization to sign the attached application and regulatory agreement relative to the Federal Heights project
at 48 Federal St.
Members may recall that the City required that two of the eighteen housing units in the Federal Heights building be reserved as affordable
housing units. To comply with that requirement, Ken Chase of Atlas Mortgage (the owner) has prepared the attached Local Initiative
Program (LIP) application and regulatory agreement for submission to the State's Department of Housing and Community Development.
The application/agreement package spells out the income and eligibility requirements for the affordable units. Eventual approval of the LIP
application by the State will guarantee the units will be counted toward Beverly's Subsidized housing Inventory in the future.
Please feel free to contact city Planner Tina Cassidy if you have any questions relative to this request.
Respectfully,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#54
Feb. 26. 2008
Honorable City Council
Beverlry City Hall, 191 Cabot St.
Beverly, Ma 01915
3/5/2008
Regular Meeting
Page 3 of 10
RE MONTSERRAT CONDOMINIUMS, 40 HEARTHER STREET-AFFORDABLE HOUSING UNITS
Dear Honorable Council:
I hereby request city Council authorization to sign the attached application and regulatory agreement relative to the Montserrat
condominium project at 40 Heather St.
Members may recall that the City required that three of the forty three housing units in the Federal Heights building be reserved as
affordable housing units. To comply with that requirement, the projects owner, Montserrat LLC has prepared the attached Local Initiative
Program (LIP) application and regulatory agreement for submission to the State's Department of Housing and Community Development.
The application/agreement package spells out the income and eligibility requirements for the affordable units. Eventual approval of the LIP
application by the State will guarantee the units will be counted toward Beverly's Subsidized housing Inventory in the future.
Please feel free to contact city Planner Tina Cassidy if you have any questions relative to this request.
Respectfully,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
Communications from Other City Officers and Boards:
#55
Mar. 3, 2008
Honorable City Council
City of Beverly
191 Cabot St.
Beverly, MA 01915
RE Rule 19
Dear City councilors:
Enclosed for your consideration and action is a proposed order to amend Rule 19 Order of Business of the Rules and Orders of the City
Council
Very truly yours,
Timothy P. Flaherty, Council President
An Order amending Rule 19 ORDER OF BUSINESS of the RULES AND ORDERS OF THE CITY COUNCIL
Ordered that Rule 19 ORDER OF BUSINESS of the RULES AND ORDERS OF THE CITY COUNCIL be amended as follows:
1. By inserting a new paragraph 3 thereto to read as follows:
3. Comments by Citizens (subject to the conditions contained in Appendix A to the RULES AND
ORDERS)
2. By renumbering the present paragraphs 3-13 of the RULES AND ORDERS as paragraphs 4-14 sequentially.
3. By adding an APPENDIX A to the RULES AND ORDERS to read as follows:
APPENDIX A
3/5/2008
Regular Meeting
Page 4 of 10
COMMENTS BY CITIZENS
The comment period provided for by Rule 19 paragraph 3 of these RULES AND ORDERS is subject to the following conditions:
1. This comment period is limited to 15 minutes total.
2. Citizens wishing to address the City Council during this comment period must request that the City Clerk schedule them to
speak. This must be done no later than 12:00 noon of the Thursday preceding the City Council meeting at which the citizen
desires to speak.
3. Each citizen shall be allotted 2 ~ minutes to comment to the City Council.
4. The City Clerk shall insure that no more citizens shall be scheduled to comment than can be heard within the 15 minute
time limit and citizens will be so scheduled on a first come first served basis.
5. The 2 ~ minute and 15 minute time limit may be waived only by the City Council and only by a unanimous vote as
provided for by Rule 30 of the RULES AND ORDERS.
6. Citizens scheduled to comment to the City Council under this Rule shall be deemed out of order and may have their
comment period terminated by the presiding officer for any of the following:
a. The use of vulgar, profane, or disrespectful language.
b. Commenting upon matters not pending before, nor likely to ever come before, the City Council for its
consideration
c. Ad hominem/personal attacks on any person, whether that person is a member of the City Councilor not.
d. Political speech in support of or in opposition to any candidate for public office in any local, state, or federal
election.
e. Not directing comments to the presiding officer of the meeting at which the comments are made.
7. This is a comment period and not a question and answer period. Questions by citizens, except rhetorical questions, will
be permitted only at the pleasure of the presiding officer.
8. These rules relative to a citizen comment period and the conditions imposed thereon are promulgated under Sec. 2-6 (c)
of the City Charter.
9. Nothing herein shall be deemed to apply and/or restrict the rights of the City Council to have access to information under
Section 2-7 of the City Charter, nor shall anything herein be deemed to limit the City Council as it shall see fit to suspend its
RULES AND ORDERS at anytime under Rule 30 hereof.
Refer to Legal Affairs
#56
February 25, 2008
Honorable City Council
City of Beverly
191 Cabot Street
3/5/2008
Regular Meeting
Page 5 of 10
Beverly, MA 01915
RE: Standing Designation of Substitute Chairman
Joint Meetings with Committee of the Whole
Dear City Councilors:
In accordance with Rule 21 (4) of the RULES AND ORDERS of the CITY COUNCIL, I do hereby make this standing designation.
In my absence, I do hereby designate the Chairman of the Finance and Property subcommittee, the Chairman of the Public Services
subcommittee, or the Chairman of the Legal Affairs and Ordinances subcommittee (as each subcommittee may then be duly noticed to be
in joint meeting with the COMMITTEE OF THE WHOLE) to convene, to recess, to reconvene, to adjourn, and to serve as acting chair of
the COMMITTEE OF THE WHOLE during such joint meeting.
Very truly yours,
Timothy P. Flaherty, Council President
Receive and Place on File
Communications, Applications and Petitions:
#57
Comm. from Beverly Farms Motors Change of Name to Beverly Farms Motors L. L. C.
Receive and Place on File
#58
Application-Hawkers and Peddlers License-Jeanne Pagliarulo
Refer to Leal Affai rs
#59
North Shore Regional Vocational School Annual Report (Short Form)
Receive and Place on File
#60
North Shore Regional Vocational School annual Report
Receive and Place on File
Regorts from Committees:
3/5/2008
Regular Meeting
Page 6 of 10
#31
The Committee on Finance and Property/Committee of the Whole to whom was referred the matter of Comm. From DOR relative to
Budgetary Transfers 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 approve the request from the Finance Director to adjust several accounts as per the enclosed
communication as part of the tax rate setting approval process.
First Passage:
Public Hearing Held:
Final Passage:
Feb. 4, 2008
Feb. 19,2008
Mar. 3, 2008
Order read once and adopted 9-0 Vote
#36
The Committee on Finance and Property/Committee of the Whole to whom was referred the matter of Communication from Library
Director re acceptance of $300.00 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 accept the $300.00 settlement as per the request of the Library Director. Said sum of $300.00 is the
result of a settlement between the Attorney General's Office and certain music companies.
Order read once and adopted 9-0 Vote
#40
The Committee on Finance and property to whom was referred the matter of five year financial forecast FY )9 to FY13
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
#45
The Committee on Finance and Property/Committee of the Whole to whom was referred the matter of Transfer to Account -Police 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 approve the request of the Mayor for a transfer in the amount of eighty thousand ($80,000.00) dollars from
account "Reserve for Unforeseen" to Account "Police Overtime"
First Passage:
Public Hearing:
Final Passage:
Fe. 19,2008
March 3, 2008
March 3, 2008
Order read once and adopted 9-0 Vote
3/5/2008
Regular Meeting
Page 7 of 10
#41
The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Ordinance Motor Vehicles and Traffic Stop
Signs 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 DENY the request for stop signs in the area of Matthies, Sturtevant and Pearson Streets
Order read once and Held at request of Councilor Burke
#44
The Committee on Legal Affairs/Committee of the Whole to whom was referred the matter of Ordinance- Health-Article IV, Solid Waste
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 eight
An Ordinance Amending and Ordinance entitled Solid Waste Sec. 9-71 Dumpster Regulation
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Section 9-71 Article IV Dumpster Regulations be amended as follows:
ADD: At the end of item (11) the following:
The contractor shall have these hours of removal conspicuously displayed on the dumpster as follows: 'This dumpster may not
be serviced prior to 7:00 a. m. nor later than 8:00 p.m. per city ordinance.'"
This Ordinance to take effect as per charter provisions
Ordinance read once and referred back to committee on Legal Affairs 7-2 Vote Burke and Martian against
#47
The Committee on Legal Affairs to whom was referred the matter of Open Space Residential Design Site Plan 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
#48
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Ordinance Review report have considered
said matter and beg leave to report as follows, to wit:
Receive and Place on File
3/5/2008
Regular Meeting
Page 8 of 10
Order read once and adopted 9-0 Vote
#34
The Committee on Public Services/Committee of the Whole to whom was referred the matter of appointment Council on Aging-Blair Smith
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
#42
The committee on Public Services/Committee of the Whole to whom was referred the matter of communication re Cable TV Rate hike
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
#46
The Committee on Public Services/Committee of the Whole to whom was referred the matter of reappointment-Parks and Recreation
Commission Mark Casey and Michael Ralbovsky 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:
Motions and Orders:
#61
By Councilor Troubetaris:
Ordinance Clean energy Advisory Committee
Refer to Legal Affairs
3/5/2008
Regular Meeting
Page 9 of 10
#62
By Councilor Hobin:
Ordered: That a "GO SLOW CHILDREN" signs be place on Cross Lane in the vicinity of the Soccer Field
Refer to Legal Affairs and Parking and Traffic Commission
#63
By Councilor Flaherty:
Ordered: That Councilor bill Coughlin and Councilor Kevin Hobin be appointed to the Beverly Police Citizen Steering Committee
Receive and Place on File
#64
By Councilor Burke
Ordered that the committee on Legal Affairs review the taxicab licenses held by City Taxi
Refer to Legal Affairs and City Solicitor
#65
By Councilor Burke
Ordinance MV & T relative to No Parking
Be it Ordained by the Beverly City Council that Section 14-86 Obedience to Isolated Stop Signs of the City of Beverly be amended as
follows:
ADD Goodyear St., northeast bound drivers on Goodyear St. at Pearson St.
Goodyear St., .northbound drivers on Goodyear Street at Glidden St.
Refer to Legal Affairs and Parking and Traffic Commission
#66
By Councilor Burke
Ordinance MV & T Amend Cha 14, Sec. 122 No Parking during certain hours
Be it ordained by the Beverly City council that Section 14-122 No Parking- during certain hours
ADD No person shall park a vehicle between the hours of 8:00 PM and 8:00 Am on the Balch Street Playground side of Cabot Street
from Balch Street to Ropes St.
Refer to Legal Affairs and Parking and Traffic Commission
3/5/2008
Regular Meeting
Page 10 of 10
Meeting adjourned: 10: 10 PM
Frances A. Macdonald, CMC
City Clerk
3/5/2008