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2008-08-14 Special Meeting Page 1 of5 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Friday, August 29, 2008 11 :50 AM To: minutes@beverlyma.gov Subject: 08.aug 14.doc Special Meeting Beverly City Council 6:00, PM August 14, 2008 Roll Call: Councilors Present: John J. Burke, William Coughlin, Judith Cronin, D. Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty Councilors Donald Martin, Kevin Hobin and Patricia Grimes were absent Pledge of Allegiance to the Flag: Led by Councilor Cronin Public Hearings and Public Speakers: Acceptance of Minutes: Special Meeting of July 21 st, 2008 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: # 190 August 14, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizen to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process: Mr. Douglas Vigliotta 495 Cabot Street Unit 6 Beverly, MA 01915 Attached is his letter of application for reappointment, which has been approved by Police Chief, Mark Ray. His term will be effective until July 31, 2011. 9/3/2008 Special Meeting Page 2 of5 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #191 August 14, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following resident to serve as a Republican representative to the Board of Registrars of Voters: Mr. Dana Staples 36 Pleasant Street Beverly, MA 01915 He will replace Charles MCShane who has retired. Mr. Staples term will be effective until March 31, 2010. Attached is a communication from City Clerk Frances Macdonald concerning this appointment. Very truly yours, William F. Scanlon, Jr. ,Mayor Refer to Public Services #192 August 14, 2008 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby submit for your information the appointment of Ms. Tina Cassidy, Beverly's Planning Director, as Beverly's representative to the Metropolitan Area Planning Council. Attached is a copy of my communication to Mr. Marc Draisen concerning her appointment. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs # 174 · A August 5, 2008 Honorable City Council 9/3/2008 Special Meeting Page 3 of5 City Hall Beverly, MA 01915 Dear Honorable Council: Further to the information I have previously supplied you (memo of July 21), the title of the position to be held by Michael Collins must include the wording" Commissioner of Public works." You will recall that the material supplied you earlier uses the title, Commissioner of Public Services. There is no difference in fact but compliance with Chapter 21 of the acts of 2006 (attached) requires that change in title. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs # 174 - A August 14, 2008 Honorable City Council City of Beverly Beverly, MA 01915 Dear Honorable Council: Further to the organizational change referenced in my recent budget speech and in my communications to you dated July 21, 2008 and August 5, 2008, in accordance with Section 5-1 of the Beverly Home Rule Charter, I herewith submit to you for your consideration and action a proposed Ordinance creating the City Office of Commissioner of Public Services, Public Works, and Engineering. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from Other City Officers and Boards: # 193 August 11, 2008 Honorable City Council City Hall Beverly, MA. 01915 Dear Honorable Council: I hereby appoint the following Councilors to serve as members of the Ordinance review Committee Councilor At Large Patricia B. Grimes Ward Two Coucilor Wesley Slate Jr. Ward Three Councilor John J. Burke Order read once and adopted Vote 6-0 Regorts from Committees: 9/3/2008 Special Meeting Page 4 of5 #166 The Committee on Legal Affairs to whom was referred the matter of Appointment to the ZBA have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 6-0 Vote #191 The Committee on Public services to whom was referred the matter of Appointment to the Board of Registrars have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Order read once and adopted 6-0 Vote #174.A The Committee on Legal Affairs to whom was referred the matter of amending an Ordinance entitled Engineering, Director of and Public Services, Director of 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 Eight An Ordinance Amending ordinances entitled Engineering. Director of and Public Services. Director of Be it ordained by the city council of the city of Beverly as follows: By deleting Section 3-318. Engineering. Director of the Revised Ordinances of the City of Beverly and by deleting Section 3-338 Public Services. Director of the Revised Ordinances of the City of Beverly and substituting therefore the following new Section 3-318 "SECTION 3-318. Public Services, Public Works, and Engineering, Commissioner of (a) Establishment - There shall be a Commissioner of Public Services, Public Works, and Engineering. The Commissioner of Public Services, Public Works and Engineering shall be a City Officer. (b) Mode of Appointment, Term of Office - The Mayor shall, subject to the review of the City Council as provided in Section 2- 10 of the Beverly Home Rule Charter, appoint a Commissioner of Public Services, Public Works, and Engineering for a term of not more three years. (c) Authorities and Responsibilities - The Commissioner of Public Services, Public Works, and Engineering shall be responsible for maintenance of the disposal area, water pollution control facilities, public highways, bridges, sidewalks, parking lots, parks, playgrounds, recreation and conservation areas, cemeteries, City forests, and public buildings, as well as the maintenance of all City- owned vehicles. The Commissioner of Public Services, Public Works and Engineering shall, with the approval of the Mayor, appoint division chiefs. The Department of Public Works shall be under the direction and control of the Commissioner of Public Services, Public Works, and Engineering. The Commissioner of Public Services, Public Works and Engineering shall perform all duties and shall have the powers formerly imposed and conferred upon the Commissioner of Public Works, superintendent of highways and sewers, tree warden, water board, superintendent of waterworks, board of park commissioners and surveyor of highways. (Rev. Ords, 1973, 9 24-2) 9/3/2008 Special Meeting Page 5 of5 The Commissioner of Public Services, Public Works, and Engineering shall have charge and control of maintenance of the public cemeteries and burial places within the City limits. (Rev. Ords. 1973, 9 24-2A) The Commissioner of Public Services, Public Works, and Engineering shall have charge of all specific repairs upon all highways, streets and bridges. The Department of Engineering shall be under the direction and control of the Commissioner of Public Services, Public Works, and Engineering. The Commissioner of Public Services, Public Works and Engineering shall be responsible to the Mayor for the effective operation of the Department of Engineering, and shall be responsible for the management of all projects assigned to the Department of Engineering whether performed by city employees or outside entities and for all personnel assigned to the department. The Commissioner of Pubic Services, Public Works, and Engineering shall be responsible for the coordination of all activities of agencies within the department with all activities of the Salem and Beverly Water Supply Board and the South Essex Sewerage District. The Commissioner of Public Services, Public Works and Engineering shall be responsible for the coordination and oversight of the collection and disposal of solid waste and recyclable materials. Ordinance read once and held for final passage according to charter provisions 6-0 Vote Unfinished Business: Motions and Orders: #194 By Councilors Cronin and Hobin: Ordered: That the parking and traffic Commission consider traffic and safety concerns identified by the residents of Cole and Boyle Streets. The Parking and traffic Commission is to review these documented concerns, and any others the Commission deems as important, and provide the City Council with recommendations to remedy the situation. Refer to Legal Affairs and Parking & Traffic Commission Meeting adjourned: 6:20 PM Kathleen P. Connolly Asst. City Clerk 9/3/2008