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2004-12-20 7:00 PM Mass Electric 7:30 PM Peter Johnson re Train Whistles 7:58 PM Public Hearing – Mass Electric Refer to Public Services Regular Meeting of Beverly City Council 8:00 PM DECEMBER 20, 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 Coughlin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of December 6, 2004 Communications from His Honor the Mayor : #358 December 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: By this letter I request that your Honorable Council expand the number of members on the Airport Commission from nine to eleven. As many of you may recall, we had eleven members in the past. It is my desire to add two younger members to the Commission while retaining the wisdom of several older members. I would much appreciate your voting this change at your earliest convenience. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #359 December 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The accompanying letter from Superintendent Jim Hayes outlines some $14,251.28 of charges from last fiscal year. Some of these are in dispute and may never need to be paid while others will require payment. I recommend that your Honorable Council authorize the Superintendent to pay up to Fourteen Thousand Two Hundred Fifty-One Dollars and Twenty-Eight Cents ($14,251.28) from this fiscal year’s budget for bills from last fiscal year. No appropriation is required. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property 212 #360 December 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Ellen F. Dunn, 79 Baker Avenue, Beverly, MA 01915 to serve as a Commissioner of Trust Funds. She will replace Mr. James Dawson who has resigned and her term will be effective until December 31, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #361 December 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: By this letter, I hereby request permission to sign the Trash Disposal Agreement recently negotiated with Wheelabrator in Saugus. Agreements in excess of three years in duration require Council approval. As you know, we have long anticipated a marked increase in our trash disposal fee which necessitated the trash fee passed earlier this year. Effective January 1, 2005, the rate for disposal will rise to $72.00 per ton. The contract is for six years with a five-year option held by the City. The contract price will move with the cost of living over the period the contract. Under this agreement Beverly’s Trash Fee will be the same as that of other communities serviced by Wheelabrator. Action on this matter this evening is important and will be much appreciated. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #362 December 20, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign two contracts as described in the attached memo from Purchasing Director Thatcher Kezer. These contracts are for periods in excess of three years. Both of these contracts represent good news. The one will provide us $773,867 over a period of twenty years, on average about $39,000 per year, for a replacement cell tower on the roof of the Beverly Farms Fire Station. The second contract will give us a postage meter/sealer machine at a slightly lower cost than the one being replaced. 213 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property Communications from other City Officers and Boards #363 Communication from Salem Beverly Water Supply Board relative to determination of volume of water supplied to cities of Salem and Beverly during the three years prior to September 30. Receive and Place on File #364 City Council 191 Cabot St. Beverly, MA 01915 Comparison of Beverly to Other Communities in the area by Budget Management Analyst Kathy Griffin. Refer to the Committee of the Whole #365 Comm. from Chief Cassola relative to the appointment of Darlene Prinz as a permanent member of the Beverly Police Dept. Receive and Place on File #366 Communication from Council President Guanci relative to the Open Meeting Law. Refer to Committee of the Whole Communications, Applications and Petitions: #367 Communication from United Rug Auctioneers relative to change of date for Auction. Receive and Place on File #368 Application for Class II Motor Vehicle Dealers License-K-Motors, Inc., 43 Cabot Street Refer to Legal Affairs #369 Late File Communication from Beverly School Department requesting council to declare certain items as surplus (6 pianos and 10 organs) Finance and Property 214 Reports from Committees: #343 The Committee on Finance and Property to whom was referred the matter of Appointment of Commissioners of Trust Funds William Howard, Lawrence Smith and John Putney have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointments 9-0 Vote Order read once and Adopted #359 The Committee on Finance and Property to whom was referred the matter of School Dept. paying bills have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption Ordered: That the City Council give permission to the School Dept. to pay FY04 Bills from FY05 Budget in the amount of $14,521.28 and be it further stated that again we wish to repeat our fiscal philosophy that School Committee spending should not exceed their allotted budget. 7-2 Vote with Costa and Troubetaris voting against Order read once and adopted #361 The Committee on Finance and Property to whom was referred the matter of Trash Disposal Agreement with Wheelabrator 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 authorized to sign an agreement with Wheelabrator for a period longer than three years as per his request. 9-0 Vote Order read once and adopted #362 The Committee on Finance and Property to whom was referred the matter of authorization to sign contracts 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 authorized to sign two contracts, one for a cell tower on the roof of the Beverly Farms Fire Station and the second for a postage meter/sealer for a period in excess of three years as per his request. 9-0 Vote Order read once and adopted #369 The Committee on Finance and Property to whom was referred the matter of School Dept. Surplus property have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption Ordered: That the City Council declare six pianos and 10 organs as surplus for the Beverly School Dept. 9-0 Vote Order read once and adopted 215 #331 The Committee on Legal Affairs to whom was referred the matter of Application Amusement Device Licenses have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be granted 9-0 Vote Order read once and adopted #332 The Committee on Legal Affairs to whom was referred the matter of Application Lodging House Licenses have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be Granted 9-0 Vote Order read once and adopted #333 The Committee on Legal Affairs to whom was referred the matter of application for Motor Vehicle Dealers Licenses have considered said matter and beg leave to report as follows, to wit: Recommend the Licenses be Granted 9-0 Vote Order read once and adopted #340 The Committee on Legal Affairs to whom was referred the matter of Ordinance Administration relative to ECDC 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 2004 An ordinance amending an ordinance relative to Economic and Community Development Council Be it ordained by the City Council of the City of Beverly as follows: That Chapter 2 entitled Administration, Article 4 Division 9 be amended as follows: DIVISION 9. ECONOMIC AND COMMUNITY DEVELOPMENT COUNCIL Sec. 2-436. I Establishment; composition and appointment. There is hereby established an economic and community development council. The council shall consist of eleven (11) members. The members shall be appointed as follows: (1) Appointed ex officio; the mayor, the Director of Public Services or his designee, the planning director; and the community development director. (2) Appointed by the mayor and coterminous with the mayor; members at large one (1) each with: industrial experience, financial investment experience; commercial experience; a representative of the chamber of commerce, and two (2) members of the community. (3) The City Council shall elect, by a majority vote, a member of its own number. 216 (4) Additional community members may be appointed by the mayor on an as needed basis to staff ad hoc committees. Members of the ad hoc committees will serve on an ex-officio (non-voting) basis. (Rev. Ords. 1973, § 2-106; Ord. No. 548, 12-6-93; Ord. No. 258, 6-1995) Cross reference-Planning, Ch. 18. State law reference-Municipal authority to establish development and industrial commission, M.G.L. c. 40, § 8A. Sec. 2-437. Purpose. The economic and community development council shall formulate, under the auspices of the mayor, a community and economic development policy. The council shall provide a vehicle for coordination and communication between all development agencies and officials, city departments, commissions and boards, and the mayor's office in order to ensure a timely governmental response to development issues, opportunities and problems. The use of ad hoc committees is allowed in that they can perform studies and make recommendations to the voting members of the economic and community development council. (Rev. Ords. 1973, § 2-107; Ord. No. 258, 6-1995) Sec. 2-438. Staff. The city planner shall provide staff assistance to the economic and community development council, as requested by that body. (Rev. Ords. 1973, § 2-108) Sec. 2-439. Election of chairman and vice chairman. The economic and community development council shall meet and organize and shall annually elect from among the members a chairman and vice chairman. (Rev. Ords. 1973, § 2-109) 6-3 Vote with Order read once and Referred back to Committee on Legal Affairs Guanci, Troubetaris and Martin Voting against #346 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T- No Parking Bradford Road 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 parking prohibited at all times Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: ADD: Section 14-120 Parking prohibited at all times Bradford Road, northerly side This ordinance to take effect upon passage according to City Charter. First Passage: Dec. 20, 2004 Final Passage: Jan. 4, 2005 217 9-0 Vote Ordinance read once and held for final passage as per charter provisions #347 The Committee on Legal Affairs to whom was referred the matter of Ordinance Administration and Enforcement Violations and Penalties 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 Administration and Enforcement Section D Violations and Penalties Be it ordained by the city council of the City of Beverly as follows: That Chapter 29, Section 28D2 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: DELETE the Words: $50.00 INSERT the Words: $300.00 These ordinances to take effect upon passage according to City Charter First Passage: Dec. 20, 2004 Final Passage: Jan. 4, 2005 9-0 Vote Order read once and held for final passage as per charter provisions #358 The Committee on Legal Affairs to whom was referred the matter of Expansion of Airport Commission Membership have considered said matter and beg leave to report as follows. Submit the accompanying order and recommend its adoption In the year two thousand and four An ordinance amending an ordinance Article III-Administrative Organization Be it ordained by the city council of the City of Beverly as follows, to wit: That Article 111Section 3-202 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: DELETE: In Section 3.-202 (a) Composition Airport Commission the word nine (9) ADD: In Section 3.-202 (a) Composition Airport Commission the word eleven (11) This ordinance to take effect upon passage according to City Charter First Passage: Dec. 20, 2004 Final Passage: Jan. 4, 2005 9-0 Vote Ordinance read once and held for final passage as per charter provisions #278 The Committee on Public Services to whom was referred the matter of Communication re Second Water Meters have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 218 Ordered: That the City Council the request for the installation of Second Water DENY Meters. 8-1 Vote Grimes request to delay vote Order read once and adopted #344 The Committee on Public Services to whom was referred the matter of Appointment- Beverly Cultural Council of Michele J. Kenna 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 #345 The Committee on Public Services to whom was referred the matter of Appointment Special Police Officers to Serve as Beverly Traffic Supervisors 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 #350 The Committee on Public Services to whom was referred the matter of Petition of Mass Electric have considered said matter and beg leave to report as follows to wit; Recommend the petition be granted. 9-0 Vote Order read once and adopted Unfinished Business: Resolutions: #370 Resolution – Robert McCausland Motions and Orders: #371 By Councilor Guanci: Ordered: That all orders that are in committees as of December, 2004, be forwarded to FY05 City Government. 9-0 Vote Order read once and adopted #372 By Councilor Burke: , that the Beverly City Council hold a public hearing at the request of Mr. ORDERED Michael Pimental who would like the council to consider removing a live tree located at 46 Chase Street. Refer to Public Services 219 #373 By Councilors Hobin and Guanci Ordered: That a “Go Children Slow” sign be placed on Cedar Street in the vicinity of #5. 9-0 Vote Order read once and adopted Meeting adjourned: 10:47 PM Frances A. Macdonald, CMC City Clerk 220