2003-12-017:15 PM Rosemary Maglio re Schools
7:30 PM Public Hearing Final Report-Ordinance Review
Referred to Legal Affairs and Accounts
Regular Meeting of Beverly City Council December 1, 2003Regular Meeting of Beverly City Council December 1, 2003
Roll Call
:
Councilors Present: Ronald Costa, William Coughlin, Timothy Flaherty,
Donald Martin, Virginia McGlynn, Roger Morency, John Murray, Maureen Troubetaris,
Paul Guanci
Pledge of Allegiance to the Flag
: Led by Councilor Murray
Appointments:
Acceptance of Minutes of Previous Meeting:
Meetings of November 17, 2003
Communications from His Honor the Mayor
:
#355
December 1, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, Mr. Kevin Gallant, 17
Scenna Road, Beverly, MA 01915 to serve as a member of the Commission on Disabilities.
His term will expire on November 1, 2006.
I also appoint, subject to your review and recommendation, Mrs. Candice Pike, 291,
Essex Street, Beverly, MA 01915 to serve as a member of the Commission on Disabilities.
Her term will expire on November 1, 2006.
I enclose a letter over the signature of Norman Ganley, the Chairperson of the
Commission on Disabilities, recommending these two appointments.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Public Service and Aid
#356
December 1, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council adopt the following Order:
ORDERED: To authorize the City to appropriate the sum of Five Thousand Two
Hundred Thirty-Four and no/100 ($5,234.00) Dollars from the "Reserved for Unforeseen"
account to the "Shuttle Bus" account #11752/53828" in order to cover the consideration
due under the contract with Cape Ann Transportation Operating Company to provide
shuttle bus service for the period from 10/1/03 to 9/30/04.
203
Very truly yours,
Thomas M. Crean, Mayor
Refer to Finance and Property
#357
December 1, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby request that your Honorable Council adopt the following Order:
ORDERED: to authorize the City to appropriate the sum of Two Hundred Thousand
($200,000.00) Dollars to establish a capital project fund to be entitled “Waterfront
itigation Fund” from “Free Cash” for the following purposes:
(1) Chapter 91 Access Improvements $10,000.00
(2) Waterfront Improvements and Amenities 25,000.00
(3) Repairs to Floats 35,000.00
(4) Boat acquisition 50,000.00
(5) Greene's Hill Walkway Design 25,000.00
(6) Salem Sound Environmental Testing 30,000.00
(7) Mitigation Fund for Unforeseen 25,000.00
TOTAL $200,000.00
This represents the funds received from Algonquin Gas Transmission Company which
were included, for accounting purposes, in Free Cash.
Very truly yours,
Thomas M. Crean, Mayor
Refer to Finance and Property
Communications from other City Officers and Boards
#358
November 19, 2003
Honorable City Council
c/o Mrs. Frances MacDonald
City Hall
Beverly, Ma. 01915
Dear Council,
RE: Request for Stop Sign, Cavendish Square at Cross Street
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts
General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of
Beverly, we request the following stop signs;
Cavendish Square, westerly bound drivers on Cavendish Square at
ADD:
Cross Street.
Very truly yours,
Dennis O. Tarsook
Traffic Sergeant
Safety Officer
204
Refer to Legal Affairs and Accounts
#359
November 20, 2003
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear City Councilors:
Attached is a list of all establishments renewing their first, second and third class Motor
Vehicle Dealers Licenses.
City Council approval is needed to complete the process for licensing. No license will
be issued until we have all the necessary paperwork required for licensing.
Thank you for your assistance concerning this matter.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs and Accounts
#360
November 19, 2003
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear City Councilors:
Attached is a list of all establishments renewing their Amusement Device Licenses for the
year 2004.
City Council approval is needed to complete the process for licensing. No license will
be issued until we have all the necessary paperwork required for licensing.
Thank you for your assistance concerning this matter.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs and Accounts
#361
November 19, 2003
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear City Councilors:
Attached is a list of establishments renewing their Lodging House Licenses.
City Council approval is needed to complete the process for licensing. No license will
be issued until we have all the necessary paperwork required for licensing.
Thank you for your assistance concerning this matter.
Respectfully,
205
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs and Accounts
#362
November 25, 2003
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
TO WHOM IT MAY CONCERN:
By the authority vested to us, Chapter 14, Section 39, of the City of Beverly Revised
Ordinances, we hereby declare that the following streets be posted as listed for a period
of thirty (30) days as a trial.
1. Webber Avenue at River Street, NO RIGHT TURN 7:00 a.m. to 9:00 a.m. Monday –
Friday.
2. School Street at River Street, NO RIGHT TURN 7:00 a.m. to 9:00 a.m.
Monday – Friday.
This thirty (30) day trial period will start on Monday, December 8, 2003.
Refer to Legal Affairs and Accounts
Communications, Applications and Petitions:
#363
Communication from George Whitney re Review of Acorn Management Waterfront
Development Proposal for a Floating Hotel.
Receive and Place on File
Refer to Beverly Harbor Management Authority
#364
Application – Sale of Christmas Trees-Andy’s, Corner of Elliott and Beckford
Referred to Legal Affairs and Accounts
#365
Comm. from Mass Electric re annual satisfaction study
Receive and Place on File
Reports from Committees
:
#159
The Committee on Finance and Property to whom was referred the matter of transfer of
responsibility of Hurd Stadium have considered said matter and beg leave to report as
follows, to wit:
206
Receive and Place on File
9-0 Vote
Order read once and adopted
#316
The Committee on Finance and Property to whom was referred the matter of
Communication re Edwards School being declared as surplus have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#339
The Committee on Finance and Property to whom was referred the matter of
Authorization to borrow $360,000 for charges incurred for appraisal of taxable property
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,
December 15, 2003, at 6:30 PM, in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to a request for authorization to borrow three hundred sixty
thousand ($360,000) Dollars which represents payment for charges incurred under
contracts for appraisal of taxable property in the City of Beverly. Loan Order is enclosed.
Loan Order: Ordered: that $360,000 is appropriated for the payment of charges
incurred under contracts for the expert appraisal of taxable property in the City; that to
meet this appropriation the Treasurer with the approval of the Mayor and the Director of
Municipal Finance and the Committee on Finance and Property is authorized to borrow
$360,000 under Chapter 44 of the General Laws or any other enabling authority; that the
Treasurer is authorized to file an application to qualify under Chapter 44A of the General
Laws any or all of the bonds and to provide such information and execute such
documents as may be required for these purposes; and that any bonds or notes issued
pursuant to this order shall be certified in writing as to their genuineness by a bank or trust
company situated and doing business in Massachusetts to be selected by the
Committee on Finance and Property.
First Passage: Nov. 17, 2003
Public Hearing: Dec. 15, 2003
Final Passage:
9-0 Vote
Order read once and adopted
#340
The Committee on Finance and Property to whom was referred the matter of
Appropriation for DPW Building Roof, $245,200 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,
December 15, 2003, at 6:40 PM, in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to an appropriation in the amount of Two Hundred Forty Five
Thousand Two Hundred ($245,200) Dollars from Account Free Cash to DPW Building Roofs
for repairs to Public Services Buildings.
First Passage: Nov. 17, 2003
Public Hearing: Dec. 15, 2003
Final Passage:
9-0 Vote
Order read once and adopted
207
#341
The Committee on Finance and Property to whom was referred the matter of
Appropriation in the amount of $160,000 Lynch park Barn Roof 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,
December 15, 2003, at 6:50 PM, in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to an appropriation in the amount of One Hundred Sixty Thousand
($160,000) Dollars from Account Free Cash to replace the roof of the Carriage House at
Lynch Park.
First Passage: Nov. 17, 2003
Public Hearing: December 15, 2003
Final Passage:
9-0 Vote
Order read once and adopted
#342
The Committee on Finance and Property to whom was referred the matter of
Appropriation in the amount of $225,000 Fire Department Shift Coverage 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 City Council of the City of Beverly hold a public hearing on Monday,
December 15, 2003, at 7:00 PM, in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to an appropriation in the amount of Two Hundred Twenty Five
Thousand ($225,000) Dollars from Account Free Cash for Shift Coverage Account of the
Beverly Fire Department.
First Passage: Nov. 17, 2003
Public Hearing: December 15, 2003
Final Passage:
9-0 Vote
Order read once and adopted
#343
The Committee on Finance and Property to whom was referred the matter of an
appropriation Library Book Account and Flood Repairs 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,
December 1, 2003, at 7:40 PM, in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to an appropriation in the amount of One Hundred Fifty Thousand
($150,000) Dollars from Account Free Cash for the Library Book Account and twenty
Thousand four hundred sixty nine ($20,469.00) Dollars from Free Cash for Flood damage
repair at the Library
First Passage: Nov. 17, 2003
Public Hearing: Dec. 15, 2003
Final Passage: Dec. 15, 2003
9-0 Vote
Order read once and adopted
208
#344
The Committee on Finance and Property to whom was referred the matter of
appropriation in the amount of $11,700 for repairs to the GAR Hall Roof 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,
December 15, 2003, at 7:20 PM, in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to an appropriation in the amount of Eleven Thousand Seven
Hundred($11,700) Dollars from Account Free Cash to do repairs to the roof of the GAR
Hall
First Passage: Nov. 17, 2003
Public Hearing: Dec. 15, 2003
Final Passage:
9-0 Vote
Order read once and adopted
#345
The Committee on Finance and Property to whom was referred the matter of
Appropriation $19,366.00 Various repairs to City Hall 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,
December 15, 2003, at 7:30 PM, in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to an appropriation in the amount of Nineteen Thousand Three
Hundred Sixty Six ($19,366.00) Dollars from Account Free Cash for Various City Hall repairs.
First Passage: Nov. 17, 2003
Public Hearing: December 15, 2003
Final Passage:
9-0 Vote
Order read once and adopted
#356
The Committee on Finance and Property to whom was referred the matter of
Appropriation Shuttle Bus 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,
December 15, 2003, at 6:20 PM, in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to an appropriation in the amount of Five Thousand Two Hundred
Thirty Four ($5,234.00) Dollars from Reserve for Unforeseen to cover contract with Cape
Ann Transportation Operating Company.
First Passage: Dec. 1, 2003
Public Hearing: December 15, 2003
Final Passage:
9-0 Vote
Order read once and adopted
#357
The Committee on Finance and Property to whom was referred the matter of
appropriation to account Waterfront Mitigation Fund have considered said matter and
beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
209
Ordered: That the City Council of the City of Beverly hold a public hearing on Monday,
December 15, 2003, at 6:10 PM, in Council Chambers, Third Floor, 191 Cabot Street,
Beverly, MA relative to an appropriation in the amount of Two Hundred Thousand
$200,000 Dollars from Free Cash to establish a capital project fund to be entitled
Waterfront Mitigation Fund.
First Passage: Dec. 1, 2003
Public Hearing: December 15, 2003
Final Passage:
9-0 Vote
Order read once and adopted
#326
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Demolition of Historically Significant Buildings 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,
December 15, 2003 at 7:10 PM , City Council Chambers, Third Floor, City Hall, 191 Cabot
Street, Beverly, MA relative to Chapter 10, Article III. Demolition of Historically Significant
Buildings, Section 10-41, 10-43 and 10-47 relative to Historic Buildings.
First Passage: November 17, 2003
Final Passage: December 15, 2003
9-0 Vote
Order read once and adopted
#329
The Committee on Legal Affairs and Accounts to whom was referred the matter of Final
Report Ordinance Review have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying amended ordinance and recommend its adoption
In the year two thousand and Three
An Ordinance Amending an ordinance beginning the Re-Enactment, Re-Organization
and Revision of the Ordinances of the City of Beverly
Be it ordained by the City Council of the City of Beverly as follows, to wit:
SECTION 1: The ordinance of the City of Beverly are hereby amended by striking out the
existing provisions of Chapters 1 and 2 in their entirety, by repealing in its entirety Order
#174 of 1996, by renumbering the existing chapters 3 and 4 as chapters 4A and 4B and
by inserting at the front thereof four new Articles, as follows:
(Insert Chapters 1 through 4 of the Revision of City Ordinance) as amended
SECTION 2: The adoption and insertion of these articles is intended to be the first step in a
general revision and rewriting of the ordinances of the city for the purpose of bringing the
same into conformity with the Beverly Home Rule Charter. Until such time as the task has
been completed and all of the ordinances have been re-enacted, revised or repealed,
it is the intention of the city council that whenever a conflict exists between any
ordinance contained in the articles herein inserted and any ordinance previously
enacted the provisions of this ordinance shall be deemed to prevail
This ordinance to take effect upon passage according to City Charter.
First Passage: November 3, 2003
Public Hearing: December 1, 2003
Final Passage: December 15, 2003
210
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#353
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Request for safety cones have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
Refer to Sgt. Tarsook
9-0 Vote
Order read once and adopted
Refer to Sgt. Tarsook
#358
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance MV & T re Stop Sign, Cavendish Square 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 three
An ordinance amending an ordinance entitled Motor Vehicles and Traffic re Stop Signs
Be it ordained by the City Council of the City of Beverly as follows, to wit:
In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts
General Laws, and Chapter 14, Section 86 of the Revised Ordinance of the City of
Beverly, we request the following stop signs:
ADD: Cavendish Square, westerly bound drivers on Cavendish Square at Cross Street
This ordinance to take effect upon passage according to Charter Provision:
First Passage: December 1, 2003
Final Passage: December 15, 2003
9-0 Vote
Ordinance read once and held for final passages as per charter provisions
#360
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Applications for 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
#361
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Applications for 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
211
#362
The Committee on Legal Affairs and Accounts to whom was referred the matter of 30-
Day Trial of No Right Turn on Webber at River and School at River have considered said
matter and beg leave to report as follows, to wit;
Recommend adoption of the order.
9-0 Vote
Order read once and adopted
#364
The Committee on Legal Affairs and Accounts to whom was referred the application to
sell Christmas Trees, Andy’s, Corner of Elliott and Beckford Streets have considered said
matter and beg leave to report as follows, to wit:
Recommend the License be granted
9-0 Vote
Order read once and adopted
#280
The Committee on Public Service and Aid to whom was referred the matter of request to
clean up Cedar Street Lot have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#352
The Committee on Public Service and Aid to whom was referred the matter of
Communication re Health Insurance costs for survivors of former employees 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 recommend adoption of the order and that it be
referred to the Mayor for an appropriation.
9-0 Vote
Order read once and adopted
Unfinished Business:
#324 Ordinance MV & T Stop Signs-Centerville Area
#328 Ordinance Cha. 18, Sec. 54 Drainage Alteration Permit
Resolutions:
Motions and Orders:
#366
By Councilor Martin:
Ordered: That a “Children” sign be installed in front of 68 Brimbal Ave. A “Children” sign
at this location was destroyed a few years ago and never replaced.
Order read once and adopted
Meeting adjourned: 9:35 PM Frances A. Macdonald, CMC
City Clerk
212