2005-10-17
Regular Meeting of Beverly City Council Oct. 17, 2005 at 7:00 PM
Roll Call
:
Councilors Present: John 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 Grimes
7:05 PM Public Hearing-Mass Electric Conduits in Rantoul Street
Refer to Public Services
7:30 PM Public Hearing OSRD
Recessed until 7:15 PM November 21, 2005
Appointments:
Acceptance of Minutes of Previous Meetings:
Meeting of October 3, 2005
Communications from His Honor the Mayor:
#248
October 17, 2005
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Nancy H. Cicci, 15 Kennedy Drive, Beverly, MA
01915, to serve as a constable in the City of
Beverly for the express purpose of serving Civil Process.
Attached is Ms. Cicci’s application which has been approved by Police Chief John Cassola. Her term will be effective
until October 31, 2008.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
Communications from other City Officers and Boards:
#249
October 4, 2005
Committee on Legal Affairs and Accounts
191 Cabot St.
Beverly, MA 01915
RE Grant Award-Priority Development Fund Planning Assistance for Housing Production
Dear Committee Members:
You may recall that in June 2005, Mayor William F. Scanlon, Jr. sent you notice that the Planning and Development
Department submitted a grant application to the Massachusetts Department of Housing and Community Development
and MassHousing, Priority Development Fund Planning assistance for Housing Production program. I am writing to
notify you that the City was awarded $10,000 to hire a professional housing consultant to develop and Inclusionary
Zoning Ordinance for the City. The City will be issuing an RFP for qualified consultants in the next couple of days and
the project will soon be underway.
This award requires no contribution of any City funds. Please do not hesitate to contact me in the Planning
Department should you desire further information
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Sincerely,
Leah Zambernardi
Assistant Planning Director
Receive and Place on File
Communications, Applications and Petitions:
#250
Petition-Mass Electric for installation of two 4” conduits encased in concrete on Rantoul Street at Edwards Street
Refer to Public Services
#251
Northeast Gateway Energy Bridge, LLC application with Coast Guard for construction of an offshore LNG deepwater
port in Massachusetts Bay.
Refer to Receive and Place on File
#252
Comm. from Veterans of Foreign Wars Post 545 Commander Tim Smith relative to the possible closure and sale of
the Grand Army Hall on Dane St.
Refer to Finance and Property
#253
Petition of Mass Electric for underground conduit and secondary wire at pole #1793 Vine Street, Nextel of New
England.
Refer to Public Services
#254
Appointment-Firefighters- Stephen Grant, Dean Julien, Jonathan Palm, Scott Perkins, Michael Zarbano Effective October 17,
2005
Receive and Place on File
Reports from Committees:
#233
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T have considered said matter
and beg leave to report to wit:
Submit the accompanying ordinance and recommend its adoption
In the year two thousand and five
An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re Stop Sign, Foster St. at Cole St..
Be it ordained by the city Council of the City of Beverly as follows, to wit:
That Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly,1989, be and the same is hereby
amended by adding the following stop sign:
ADD: Foster Street, southwest bound drivers on Foster Street at Cole Street
This ordinance to take effect upon passage according to City Charter
First Passage: Oct. 17, 2005
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Final Passage: Nov. 7, 2005
Order read once and held for final passage as per charter provisions 9-0 Vote
#245
The Committee on Legal Affairs to whom was referred the matter of communication relative to the lack of full time
Athletic Trainer at BHS 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
#248
The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment as Constable, Nancy
Cicci 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
#225
The Committee on Public Services to whom was referred the matter of city’s preparedness for catastrophic disaster
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
#241
The Committee on Public Services to whom was referred the matter of communication relative to recycling 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
#250
The Committee on Public Services to whom was referred the matter of Petition of Mass Electric for conduit in Rantoul
Street 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 of the City of Beverly hold a Public Hearing on Monday, November 7, 2005 at 7:01
PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of Mass Electric for
installation of 2 –4” conduits encased in concrete in Rantoul Street at Edwards Street.
Order read once and adopted 9-0 Vote
#253
The Committee on Public Services to whom was referred the matter of Petition of Mass Electric for conduit in Vine
Street 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 of the City of Beverly hold a Public Hearing on Monday, November 7, 2005 at 7:03
PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a petition of Mass Electric for
installation of underground conduit and secondary wire in the public way at pole #1793 Vine St, Nextel of New
England.
Order read once and adopted 9-0 Vote
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Resolutions:
Motions and Orders:
#255
By Councilor Burke:
An Ordinance Amending an Ordinance Entitled Miscellaneous Provisions
An Ordinance Amending an Ordinance
Be it ordained by the Beverly City Council and the same be hereby as follows:
That Section 15-31, of the Code of Ordinances of the City of Beverly entitled Offenses and Miscellaneous Provisions re
“Nighttime limitation on retail sale of food” be amended by inserting before the words “by a licensed common victual” in
item (d) the words “by a licensed pharmacy or”
Sec. 15-31. Nighttime limitation on retail sale of food.
(a) Purpose. The purpose of this ordinance is to protect the nighttime tranquility of the City of Beverly residents from
disturbances due to the late-night operation of retail food stores.
(b) Restrictions. No store, place of business or person whose building housing said place of business is within 50 feet
of a structure used for residential dwelling purposes shall sell any food at retail between the hours of 12:00 A.M. and
5:00 A.M.
(c) Definitions: The term "food" as used in this ordinance shall include any article or commodity however stored or
packaged, intended for human consumption, and shall include alcoholic beverages to be consumed off the premises at
which they are sold, unless any other law or permit or license granted to the seller of such beverages shall otherwise
provide.
(d) Exceptions. This section shall not apply to the sale of food or alcoholic beverages to be consumed on the premises
at which they are sold or to be consumed off the premises on which they are sold when such sale is by a licensed
pharmacist or by a licensed common victual primarily engaged in the sale of food to be consumed on such premises.
(e) Penalty. Persons found guilty of violating this section shall pay a fine of one hundred dollars ($100.00). For
purposes of this section each separate sale shall be deemed a separate offense. In the event of sale of several items
or articles at one (1) time to one (1) customer, only one (1) sale shall be deemed to have taken place.
(Ord. No. 159, §1 - 4, 5-6-91)
Refer to Legal Affairs
#256
By Councilor Costa
Ordered: That the Month of November be deemed "Pedestrian Awareness Month" in the City of Beverly.
Refer to Public Services
Meeting Adjourned 7:55 PM Attest: Frances A. Macdonald, CMC
City Clerk
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