2003-10-206:40 PM Renee Mary re Government
6:45 PM Public Service and Aid
7:00 PM Open Spaced and Recreation
7:15 PM #298 Public Hearing-Transfer from Insurance Account
Referred to Finance and Property
7:40 PM #296 Public Hearing-Appro. From Stabilization to Ch. 70
Referred to Finance and Property
7:45 PM #297 Public Hearing-Reduction in Reserve and School Bldg Assistance
Referred to Finance and Property
7:55 PM #294 Public Hearing Removal of Live Trees
Referred to Finance and Property
Regular Meeting oRegular Meeting of Beverly City Council OCT 20, 2003f Beverly City Council OCT 20, 2003
Roll Call
:
Councilors Present: Ronald Costa, William Coughlin, Timothy Flaherty,
Donald Martin, Virginia McGlynn, John Murray, Maureen Troubetaris, Paul Guanci
Councilor Morency was absent.
Pledge of Allegiance to the Flag
: Led by Councilor Costa
Appointments:
Acceptance of Minutes of Previous Meeting:
Meetings of October 6, 2003
Communications from His Honor the Mayor
:
#308
October 20, 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. Paul Minsky, 15
Orchard Road, Swampscott, MA to serve as a Constable in the City of Beverly for the
express purpose of serving Civil Process. His application for appointment has been
approved by Police Chief John Cassola.
His term will be effective until November 1, 2006.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Legal Affairs and Accounts
#309
October 20, 2003
Beverly City Council
City Hall
173
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
As you know, the City of Beverly participates in the North Shore HOME Consortium and
distributes federal funds for first time home buyers/soft second loans for the acquisition
and renovation of buildings for affordable housing in the City of Beverly.
NFI Massachusetts, Inc. has been approved for a loan in the amount of $75,000.00 for the
acquisition and renovation of the property located at 15 Broadway, Beverly, MA, which
will provide for an 8-unit affordable group housing project.
Request is made to authorize the Mayor to sign the documents necessary to effectuate
this loan.
Copies of the documents are attached.
I ask that you pass this through all of the necessary stages this evening.
Very truly yours,
Thomas M. Crean, Mayor
Refer to Finance and Property
#310
October 20, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
Last year, prior to your approval of the Early Retirement Incentive Program, George
White, our Veteran's Agent, made application to the Contributory Retirement Board for
credit for certain years of service as a city employee. Had Mr. White been given the
creditable services he requested, he would have been eligible for the ERIP. He would
have elected to participate; and based upon the criteria established for selection, he
would have been one of the twenty-six employees allowed to retire early.
Mr. White successfully appealed the decision of the Contributory Retirement Board, and
has been credited with those years of service.
To address this inequity, I request that you adopt Section 116 of Chapter 46 of the Acts of
2003 (the Early Retirement Program) and restrict its application to one employee
(George White) of the Department of Community Services.
A copy of the act is attached.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
Communications from other City Officers and Boards
#311
October 8, 2003
Honorable City Council
City Hall
Beverly, Ma. 01915
Dear Council,
174
RE: Settlement Agreement and Release
Dear Honorable Council:
I hereby request that you authorize the Mayor to sign the attached settlement
agreement and release. As you know, Ms. Giallongo filed a claim of age discrimination
against the Mayor and the City of Beverly just after she retired.
Rather than pursue the claim Ms. Giallongo has elected to withdraw the complaint, and
with one exception, has released the Mayor and the City of Beverly from any claim of
any kind arising out of her employment. The sole exception concerns the five-year
payout of sick leave that she agreed to when she retired.
The only concession of any kind by the City was to waive any claim against Ms. Giallong
for filing a frivolous complaint.
Very truly yours,
Peter H. Gilmore, City Solicitor
Refer to Legal Affairs and Accounts
#312
October 2, 2003
City Council
City of Beverly
Dear Members of the Council,
As specified in the Street Opening Ordinance, I am here requesting the funds of the
following Licensed Dig Contractors be transferred from the Street Opening Escrow
Account to the Public Works Maintenance Account.
CONTRACTOR INVOICE AMOUNT
Drinkwater Contracting D367 $500.00
Beverly
Finn Bros. Construction D256 $500.00
Beverly
K&B Excavating D159 $500.00
Salem D175 $500.00
R.Kobierski Constr. D128 $500.00
Danvers D132 $500.00
D143 $1000.00
D160 $500.00
Linskey Construction D180 $500.00
Salem
T.Mackey Construction D270 $500.00
Salem
Manter Co., Inc. D112 $500.00
Danvers
W.J.Ohearn/Bill & Bob’s D2 $500.00
Beverly D36 $500.00
D75 $500.00
J.Masterson D78 $500.00
Danvers ________
TOTAL $8000.00
175
These contractors have not conformed to our Street Opening Specifications.
They have been given notice and have not responded.
Very truly yours,
Frank J. Killilea, Jr., P.E.
Director of Engineering
Refer to Finance and Property
#313
October 16, 2003
Committee on Legal Affairs and Accounts
191 Cabot St.
Beverly, MA 01915
RE: FY2004 Municipal Recycling Grant
Dear Committee Members:
In accordance with Beverly City Ordinance 2-94 this letter is to notify you that the
Planning Department has submitted a grant application to the Department of
Environmental Protection (DEP), Municipal Waste Reduction Program for recycling
equipment. This grant would provide the City with Technical Assistance, Kitchen scrap
buckets, and consumer education and outreach material.
If you have any questions or if you desire further information, please do not hesitate to
contact me in the Planning Department.
Respectfully,
Debra Hurlburt, Director
Planning and Community Development
Refer to Legal Affairs and Accounts
Communications, Applications and Petitions:
#314
Communication from Attorney Donald M. Greenough relative to the Estate of Pauline M.
Nickerson
Refer to Legal Affairs and Accounts
#315
Application-Amusement Device License-Italian Community Center
Refer to Legal Affairs and Accounts
#316
Comm. relative to Council declaring Edwards School Building as surplus
Refer to Finance and Property
#317
176
Invitation to Council to attend an Open Meeting Law Conference Thursday, November
20, 2003 from 6:30 – 9:00 PM at the North Shore Community College.
Receive and Place on File
#318
Communication from Beverly Golf and Tennis Commission and Johnson Golf
Management to increase green and Cart fees for the 2004 Golf Season
Refer to Finance and Property
#319
Comm. from Beverly Golf and Tennis Commission relative to a claim by Donna Wowk, 4
Goldsmith Avenue.
Receive and Place on File
Refer to City Solicitor
Reports from Committees
:
#235
The Committee on Finance and Property to whom was referred the matter of Increase in
Municipal Lien Fees have considered said matter and beg leave to report as follows, to
wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
#245
The Committee on Finance and Property to whom was referred the matter of Mayor’s
Report have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
#273
The Committee on Finance and Property to whom was referred the matter of Kathy
Griffin Memo have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
#296
The Committee on Finance and Property to whom was referred the matter of
appropriation from stabilization fund to replace the reduction in Chapter 70 State Aid
have considered said matter and beg leave to report as follows, to wit:
Ordered: That the City Council of the City of Beverly approve the Mayor’s request for an
appropriation in the amount of $343,531.00 from the Stabilization Fund to replace the
reduction in Chapter 70 State Aid
177
First Passage: October 6, 2003
Public Hearing: October 20, 2003
Final Passage: October 20,2003
8-0 Vote
Order read once and adopted
#297
The Committee on Finance and Property to whom was referred the matter of request for
reduction in Reserve for Unforeseen and School Building Assistance to balance 2004
Budget have considered said matter and beg leave to report as follows, to wit:
Ordered: That the City Council of the City of Beverly approve the request of the
Mayor for a reduction in Reserve for Unforeseen and School Building Assistance in the
amount of $19,430.00.
First Passage: October 6, 2003
Public Hearing: October 20, 2003
Final Passage: October 20,2003
8-0 Vote
Order read once and adopted
#299
The Committee on Finance and Property to whom was referred the matter of Request to
raise ZBA Filing Fees have considered said matter and beg leave to report as follows, to
wit:
Submit the accompanying order and recommend its adoption
Ordered: Thatthe City Council approve the recommendation of the Board of Appeal for
the following:
1. Fee be amended from $175.00 to $150.00 with the added amendment that
the applicant/owner pay the advertising fees directly to the newspaper.
2. An Appeal from an Administrative Decision the fee of ten ($10.00) be
amended to Two Hundred Dollars.
8-0 Vote
Order read once and adopted
#214
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication relative to the use of commercial property that has Zoning and Planning
Board Approval have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
#224
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Lodging House License-James Dooling, 32 Roundy 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 DENY the request for James Dooling
for a lodging house license at 32 Roundy Street.
8-0 Vote
Order read once and adopted
178
#244
The Committee on Legal Affairs and Accounts to whom was referred the matter of Home
Rule Petition re Health Insurance have considered said matter and beg leave to report
as follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
#251
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Administrative Organization 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 Administrative Code as presented.
3-5 Vote For: Flaherty, Coughlin, Costa Against: Troubetaris,
Order read once and failed
Guanci, McGlynn, Martin, Murray
#258
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic 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 No Parking
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
Newbury Street Extension, both sides, entire length
ADD:
This ordinance to take effect upon passage according to City Charter
First Passage: October 20, 2003
Final Passage: November 3, 2003
8-0 Vote
Ordinance read once and held for final passage as per Charter Provisions
#281
The Committee on Legal Affairs and Accounts to whom was referred the matter of
request to amend Charter have considered said matter and beg leave to report as
follows to wit:
No Further Action
8-0 Vote
Order read once and adopted
#292
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication re Affordable Housing have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
179
8-0 Vote
Order read once and adopted
#301
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic 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:
That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
Cox Court, southbound drivers on Cox Court at Goat Hill Lane
ADD:
This ordinance to take effect upon passage according to City Charter
First Passage: October 20, 2003
Final Passage: November 3, 2003
8-0 Vote
Ordinance read once and held for final passage as per charter provision
#302
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance Motor Vehicles and Traffic have considered said matter and beg leave to
report as follows, to wit:
Submit the accompanying order and recommend its adoption
In the year two thousand and Three
An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re One Way
Streets
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Section 96 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
Goat Hill Lane, from Summit Avenue to Cabot Street, traffic to
ADD:
proceed easterly
This ordinance to take effect upon passage according to City Charter
First Passage: October 6, 2003
Final Passage: October 20, 2003
8-0 Vote
Ordinance read once and held for final passage as per charter provision
#310
The Committee on Finance and Property to whom was referred the matter of Early
Retirement-George White have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying order and recommend its adoption
180
Ordered: That the City Council approve the request of the Mayor to accept the Acts of
2003, Section 116 of Chapter 46 relative to the Early Retirement Incentive Program for
George White
8-0 Vote
Order read once and adopted
Unfinished Business:
Final Passage: #293 Ordinance Pawnbrokers
Resolutions:
Motions and Orders:
Meeting adjourned: 10:05 PM Frances A. Macdonald, CMC
City Clerk
181