2009-03-16
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of8
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Thursday, March 19, 2009 9:05 AM
To: minutes@beverlyma.gov
Subject: meeting
Regular Meeting
Beverly City Council 7:00, PM March 16,2009
Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes , Kevin Hobin, Donald Martin.,
Maureen Troubetaris, Timothy Flaherty Councilor, D. Wesley Slate, Jr. was absent
Pledge of Allegiance to the Flag: Led by Councilor Hobin
Public Hearings and Public Speakers:
7:05 PM Melissa Varnavas re Earth Day
7: 10 PM R. Maglio relative to Trash Ordinance
7: 15 PM Presentation Main Streets re Banners
7:30 - 8:00 PM Kathy Griffin - Budget Analyst
Acceptance of Minutes:
Meeting of February 17, 2009
Appoi ntments:
Presentations, Awards and Memorials:
#35 Resolution - Earth Hour
Communications from His Honor the Mayor:
#36
March 16, 2009
Beverly City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
3/19/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of8
As you well know, the State of Massachusetts through Governor Patrick, recently reduced Beverly's Local Aid by $708,245. As a result, it
is necessary that your Honorable Council vote to reduce the expenditure budget by that amount. Attached is a letter from Finance Director
John Dunn and a schedule of the reductions by department.
Please set a Public Hearing on this matter at your first convenience.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
Communications from Other City Officers and Boards:
#37
Beverly Harbor Management Authority Certificate of Votes from Meeting February 18, 2009
Receive and Place on File
#38
Communication from City Clerks Office relative to status of Lodging House Licenses in the City of Beverly.
Receive and Place on File
Communications, Applications and Petitions:
#39
Communication from T. Costantini relative to City Ordinance which prevents taking in boarders
Refer to Legal Affairs
#40
Communication from Solid Waste Management relative to Trash Removal and Disposal Service Fee Ordinance
Refer to Finance and Property
#41
Beverly Farms Prides Crossing 4th of July Committee request to hang banner Across West Street relative to 4th of July Celebrations
Recommend approval of the request
#42
Request waiver of Alcohol Ordinance Carmela Martin for exhibit at Beverly Farms Library May 7, 2009
Refer to Legal Affairs
3/19/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of8
#43
Application for license to dig Sea Worms Guyfred Hickey
Refer to Legal Affairs
Regorts from Committees:
#08-275
The Committee on Finance and property to whom was referred the matter or Request for Sewer Abatement LeBlanc have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Receive and Place on File 8-0 Vote
#15
The Committee on Finance and Property to whom was referred the matter or Request for Sewer Abatement Bushey have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
Receive and Place on File 8-0 Vote
#17
The Committee on Finance and Property to whom was referred the matter of Ordinance Trash Removal and Disposal Service Fee 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 nine
An Ordinance Amending an ordinance entitled Public Works Article One-Trash Removal and Disposal Service Fee
Be it ordained by the city council of the City of Beverly as follows:
That Section 20-9 of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended as follows:
1. Residential: A trash fee of $100.00 per dwelling unit is hereby-established effective 1, July 2009, on all residential structures of 6
units or less. Residential structures of more than 6 units currently serviced by the City of Beverly will continue to be serviced at
$100.00 per unit.
3/19/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of8
2. Commercial: A minimum fee of $300.00 is hereby established for all commercial entities currently being serviced by the City of
Beverly. The final fee and conditions shall be subject to the determination of the Director of Engineering, who shall establish a
written standard therefore.
3. Discounts and Waivers:
(a) Senior Citizen: Any Senior Citizen (65 years or older) who owns and occupies a single dwelling unit with an income of
$30,069.00 or less for a single adult; $38,399.90 or less for two or more adults will be eligible for a fifty percent (500/0) discount of
this fee.
(b) Hardship Cases: The fee for any citizen who owns and occupies a single family home or condominium with an income of
$18,259.00 or less for a single adult; $20,419.00 or less for two or more adults, will be waived.
(c) Eligibility: Eligibility for senior citizen discount or hardship waiver shall be determined by using the Adjusted Gross Income
(AGI) number found on the IRS 1040, 1040A, or 1040EZ Form, or, if no income tax return has been filed for tax years 2006 or
2007, equivalent documentation of income, to be provided to the City Engineer under the pains and penalties of perjury. Age
shall be documented by driver's license, birth certificate, or equivalent proof. Any resident with a "life estate" interest in a
residential property will be treated as if he and/or she were the record owner of the property. In one, two or three family housing
types where the tenant and the homeowner both meet the eligibility requirements for the waiver or both meet the eligibility
requirements for the discount, such waiver or discount shall be granted to the homeowner.
(d) Vacancies: Any property owner who owns an unoccupied unit shall be eligible to receive a credit for each full six month
period for which the unit is not occupied. Property owners must provide documentation to the City Engineer signed under the
pains and penalties of perjury demonstrating that the unit was vacant during the entire six month billing period for which such
credit is requested. Eligibility shall be determined by the City Engineer using a water bill, or in cases where a unit's water meter
is not separate from another unit, a letter or billing statement from the Electric Company.
(e) Penalty: The City Engineer shall assess applicants a fine of not more than $250.00 for submitting false documentation.
4. Enforcement: Any fee not paid within 60 days of the demand shall become, upon application of the Collector of the City of
Beverly, a lien upon the property.
5. Billing: The annual fee will be collected in quarterly statements billed on the same cycle as the subject property's water and
sewer bill cycle.
6. This fee shall not be increased for any reason other than to offset an increase in the incineration cost per ton ("tipping fee") or an
increase in the contractual trash removal cost, and in such cases, the trash fee may n09t be increased beyond an amount equal
to the increases in these costs.
7. Exemption: Any person who can demonstrate and document to the satisfaction of the City Engineer an alternative lawful
disposal method may apply for an exemption from the fee.
8. Review: This ordinance is subject to a vote by 1, March 2010 by the City Council whether or not to continue through 2010.
The Council will review City collections, overall effectiveness and the recommendations put forth by the Mayor's appointed Trash
Committee. As with any City ordinance, the Council has the power to either change or delete an ordinance by a simple majority
vote.
9. Sunset Clause: This Order expires on 1 July, 2010.
Referred back to Finance and Property
#36
The Committee on Finance and Property to whom was referred the matter of Fiscal 2009 revenue and Expenditure Budget Reductions
have considered said matter and beg leave to report as follows, to wit:
3/19/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of8
Submit the accompanying order and recommend its adoption
Ordered: That the City Council of the City of Beverly hold a public hearing on Monday, April 6, 2009 at 7:30 PM in Council Chambers, 191
Cabot Street, Beverly, MA, relative to the enclosed Fiscal 2009 Revenue and Expenditure Budget Reductions.
Order read once and adopted
#08-194
The Committee on Legal Affairs to whom was referred the matter of a Communication relative to Traffic and Safety concerns from Boyles
Street and Cole Street residents have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
Order read once and adopted 8-0 Vote
#08-277
The Committee on Legal Affairs to whom was referred the matter of Home Rule Petition relative to Governmentally involved housing have
considered said matter and beg leave to report as follows, to wit;
Receive and Place on File
Order read once and adopted 8-0 Vote
#25
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of request from parking and Traffic commission
relative to on-street Handicap parking spaces 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 request of the Parking and Traffic Commission relative to the institution of a policy regarding the
issuance of Handicap parking spaces
Order read once and adopted 8-0 Vote
#20
The Committee on Public Services to whom was referred the mater of appointment Solid Waste Management Committee - Rand have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on file
Order read once and adopted 8-0 Vote
#22
The Committee on Public Services / Committee of the Whole to whom was referred the matter of appointment to Parks and Recreation
Commission Kate Driscoll Derickson have considered said matter and beg leave to report as follows, to wit:
3/19/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f8
Recommend the council approve the Appointment
Order read once and adopted 8-0 Vote
#31
The Committee on Public Services / Committee of the Whole to whom was referred the matter of appointment to the Board of Health,
Jerald Parisella have considered said matter and beg leave to report as follows, to wit;
Recommend the council Approve the Appointment
Order read once and adopted 8-0 Vote
#34
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Ordinance relative to the Removal of Ice
and Snow have considered said matter and beg leave to report as follows, to wit;
Submit the accompanying ordinance and recommend its adoption
An Ordinance Amending an Ordinance entitled "Placing and/or depositing snow or ice into streets or sidewalks".
Be it Ordained by the City Council of the City of Beverly that Section 15-23 of the Revised Ordinances of the City of Beverly be and the
same as hereby amended:
REPLACE Section 15-23 with the following new section:
15-23. Removal of snow and ice.
1. Placing and/or depositing snow or ice into streets, onto sidewalks, and around fire hydrants. No person shall place or deposit any
ice or snow on any street or sidewalk or place such snow or ice in a manner as to partially or wholly obstruct access to a fire hydrant.
Any person plowing, shoveling or placing snow or ice onto a street or sidewalk or placing same around a fire hydrant shall be fined
$250 for each offense.
2. Removal of Snow from Sidewalks.
The owner of private property bordering on a street where there is a sidewalk or footway shall, within twenty four hours after snow
ceases to fall, cause all snow that may be on such sidewalk or footway to be removed therefrom to a width of at least four feet or the
width of the sidewalk if less than four feet. In the event of an unusually heavy snowfall, the time limit shall be extended at the
discretion of the Commissioner of Public Services and Engineering. The provisions of this section shall apply to snow which falls from
buildings as well as to that which falls from the clouds.
3. Removal of Ice from Sidewalks.
The owner of private property bordering on a street where there is a sidewalk or footway any portion of which is encumbered by ice
shall within six hours after the sidewalk or footway becomes encumbered with ice cause such sidewalk or footway to be made safe
and convenient by removing the ice therefrom, or by keeping the same covered with sand or some other suitable substance.
4 Penalty for violation. Except as otherwise provided, any person(s) who shall fail to comply with the provisions of this section shall be
fined twenty five dollars ($25.00) for the first offense and fifty dollars ($50.00) for each succeeding offense. Each day's failure to
comply with this section shall constitute a separate violation.
Receive and Place on File
Unfinished Business:
3/19/2009
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f8
Motions and Orders:
By Councilors Hobin and Cronin:
#44
An Ordinance relative to Noise
Draft Potential City Ordinance Amendments Relative to Loud Vehicles. Loud Audio Systems. and Loud Parties/Music on
Residential Premises
Sec. 15-34.
Vehicle Repairs. Testing. and Operation
No person shall repair, rebuild, modify, test, or operate any motor vehicle or motorcycle in such a manner as to cause a noise disturbance
across a residential real property boundary or upon a public way. All building inspectors, in addition to police officers, shall be enforcing
persons for the purposes of this subsection.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100 or a mandatory warning citation,
and for any subsequent offense to a fine of $150.
Sec. 15-35.
violations
Radios. Music Players. Audio Systems. Musical Instruments. Etc. General Prohibitions: penalties for
No person shall play any radio, music player such as a boom box, tape cassette, disc player or television, audio system or musical
instrument or any other type of sound device upon any public road, street, highway, or private property in the City in a manner or at a
volume as to disturb the quiet, comfort, or repose of other persons. An exception is made for organized events that have received a valid
permit from the City for such event.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, and for any subsequent offense to
a fine of $150.
The Health Agent and their designees, and the Building Commissioner and their designees, in addition to police officers, shall be enforcing
persons for the purposes of this subsection.
Sec. 15-36.
Sound Devices in Motor Vehicles
No person shall play any radio, music player, or audio system in a motor vehicle at such volume as to disturb the quiet, comfort, or repose
of other persons, or at a volume that is plainly audible to persons other than the occupants of such vehicle at a distance of at least fifty (50)
feet from the vehicle.
Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $100, and for any subsequent offense to
a fine of $150.
Sec. 15-37.
Police Authority to Seize Amplification Devices Causing Excessive Noise
The Police shall have the authority to seize amplification devices, including so-called "boom boxes", installed in motor vehicles or carried
on the public ways, when used in violation of this Ordinance. Authority shall extend to impoundment of the vehicle if sound-producing
equipment cannot be easily detached.
In the City, the Police or the court shall have authority to notify the Registrar of Motor Vehicles when there has been failure to pay a fine by
a person using a boom box or other amplification device attached to or in a motor vehicle. Upon receipt of two (2) or more such notices,
the Registrar of Motor Vehicles shall not renew the driving license of the person violating this Ordinance and shall not renew the
registration of the vehicle used to transport the noise-making equipment until all fines have been paid.
When the determination is made to seize any noise-producing equipment, the Police shall obtain the identity of the owner or person
operating the equipment and give that person a receipt listing and describing items seized. If equipment used in violation of this ordinance
is to be seized but cannot easily be removed from the motor vehicle, Police shall have authority to impound the vehicle with all its contents,
3/19/2009
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major items of which shall be inventoried on a list kept by Police, a copy of which is to be supplied to the owner.
If the motor vehicle seized is owned by a different person or business entity, Police shall send notice of seizure and a receipt identifying the
vehicle confiscated and its contents to the owner.
Equipment seized and impounded shall be kept in custody until fines are paid or judicial process involving the case has been completed.
For repeat offenses or a flagrant violation of this Ordinance, Police may seek permission in the court for disposition or destruction of the
equipment.
Refusal of an offender to give his true name and address when requested by a police officer shall be grounds for taking the person into
custody until his identity has been established.
For subsequent noise violations, reports concerning the same address or the same individual, the police prosecutor shall be empowered to
seek a criminal complaint based on the documents filed.
Sec. 15-38
Loud Parties/Music on Residential Premises
No person shall play any radio, music player such as a boom box, tape cassette, disc player, television, audio system or musical
equipment or any other type of sound device in a manner or at a volume as to disturb the quiet, comfort or repose of neighboring
inhabitants or at a volume that is plainly audible to persons other than those who are in the room in which such device or instrument is
played and who are voluntary listeners thereto.
The landlord or owner of the premises, if not among the offenders, shall also receive notice of the offense.
Any person violating the provisions of this ordinance shall be subject for a first offense to a mandatory warning citation or a fine of $100, for
a second offense to a fine of up to $100, and for any subsequent offense to a mandatory fine of $150.
Sec. 15-39
Notification of Landlord/Owner
The City Clerk is authorized to notify any landowner or owner, if not among the offenders, of any violation of this Ordinance under the non-
criminal citation program.
Refer to Legal Affairs
Meeting adjourned: 8:50 PM
Frances A. Macdonald, CMC
City Clerk
3/19/2009