2007-11-05 (2)
Regular Meeting of Beverly City Council 7:00 PM Jan
Page 1 of8
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Monday, August 17, 2009 2:25 PM
To: minutes@beverlyma.gov
Subject: 11507.doc
Regular Meeting
Beverly City Council 7:00, PM December 3, 2007
Roll C all: Councilors Present: John Burke, William Coughlin, Timothy Flaherty ,Miranda Gooding, Patricia Grimes, Kevin
Hobin, Donald Martin, Maureen Troubetaris, Councilor Paul Guanci was absent
Pledge of Allegiance to the Flag: Led by Councilor Burke
Appointments:
Public Hearings and Presentations:
7:05 PM Fire Department Presentation
7: 10 PM Rosemary Maglio re Public Property
7: 15 PM Public Hearing - Transfer -City Solicitor, Outside Counsel ($7,000)
Refer to Finance and Property
-
7:45 PM Public Hearing - Appropriations and Transfers
Refer to Finance and Property
-
8:00 PM Public Hearing - Recessed from Nov. 19, 2007 Allocation of tax levy for 2008
Refer to Finance and Property
Acceptance of Minutes:
Regular Meeting of November 19, 2007
Communications from His Honor the Mayor:
#262
December 3, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
8/24/2009
Regular Meeting of Beverly City Council 7:00 PM Jan
Page 2 of8
I hereby reappoint, subject to your review and recommendation, the following members of the Beverly Harbor Management Authority:
Paul Miedzionoski
7 Beatrice Road
Term to be effective until December 31, 2010
Mr. Greg Ward
31 Highwood Road
Manchester, MA
Term to be effective until December 31, 2010
Mr. Donald Neuman
26 Washington Street
Term to be effective until December 31,2008
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#263
December 3, 2007
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Rinus Oosthoek, 185 Hale Street, Beverly, MA 01915, to serve as a
member of the Beverly Harbor Management Authority.
He will replace Mr. John Frates who is stepping down. His term will be effective until December 31, 2009.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer top Public Services
Communications from Other City Officers and Boards:
#264
November 26, 2007
Frances A. Macdonald, City Clerk
191 Cabot St.
Beverly, MA 01915
Dear Mrs. Macdonald:
I am pleased to announce the following newly hired firefighters from our reserve list, effective Monday, November 26, 2007.
8/24/2009
Regular Meeting of Beverly City Council 7:00 PM Jan
Page 3 of8
William J. Moran
94 Brimbal Avenue
Beverly, MA 01915
Albert F. Petronzio, Jr.
537 Essex Street
Beverly, MA 01915
Yours truly,
Richard F. Pierce, Chief
Receive and Place on File
#236 A
November 21, 2007
The Honorable City Council
Beverly City Hall
191 Cabot St.
Beverly, MA 01915
RE Proposed Zoning Amendment-Modification to Section 29-29.C Site Plan Review Recommendation from Planning Board
Dear Honorable Council:
The Beverly Planning Board heard testimony on the above-referenced request at a joint pubic hearing with the4 City Council on November
19, 2007. The public hearing was closed at this meeting and members discussed the request at a special meeting immediately following.
The Board then voted unanimously (5-0) to recommend to the City Council that Council Order #236 be ADOPTED.
Sincerely,
Richard Dinkin, Chairman
Refer to Legal Affairs
#265
November 29, 2007
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 2008.
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
8/24/2009
Regular Meeting of Beverly City Council 7:00 PM Jan
Page 4 of8
#266
November 29, 2007
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,
Frances A. Macdonald, CMC
City Clerk
Refer to Legal Affairs
#267
November 29, 2007
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
Communications, Applications and Petitions:
#268
Environmental Notification Form- Thissell Marsh Restoration Project
Refer to Receive and Place on Fi Ie
8/24/2009
Regular Meeting of Beverly City Council 7:00 PM Jan
Page 5 of8
#269
Application-1 Taxi, 2 Livery Licenses-Cab Express
Refer to Legal Affairs
#270
Application 1 Livery and 1 Taxi License-NDARYD Transportation
Refer to Legal Affairs
Regorts from Committees:
#236
The Committee on Finance and Property to whom was referred the matter of ordinance-Site Plan Review 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 seven
An Ordinance amending an ordinance entitled Site Plan Review
Be it ordained by the city council of the City of Beverly as follows, to wit;
Amend Section 29-29.C of the City of Beverly Zoning ordinance as follows:
A. Delete the first paragraph of subsection 29-29.C and replace it with the following:
"2. Procedure - Applicants shall submit to the Planning Board ten (10) copies of an application for the site plan review and
ten (10) sets of plans, size 24" x 36". The applicant shall also submit the (10) sets of plans, size 11" x 17". The
applicant shall also file one (1) copy of the site plan review application with the City Clerk.
B. Delete subsection 29-29.C2.b in its entirety and replace it with the following:
"b. A filing fee of $35 per 1,000 s.f. gross floor area (min. of $350, max of $5,000) for site plan review; or $350 for a
modification of site plan review; and"
C. Add new subsection 29-29.C.4 to include process for modifying an approved site plan as follows
"4. Modification to Approved Site Plan - Subsequent to a site plan granted by the Planning Board pursuant to this section,
minor modifications to the site plan my be made from time to time in accordance with applicable City ordinances and
regulations. The development approved under such site plan shall otherwise be in accordance with the approved
plans and such conditions, as may be included, in the decision of the Planning Board. The developer shall also submit
a plan depicting such modification. Should the Planning Board determine that such revisions are not minor, it shall
order that an application for a modification of site plan be filed and a public hearing be held in the same manner as set
forth in Section 29-29.C."
This ordinance to take effect as per charter provisions.
Refer to Legal Affairs 8-0 Vote
8/24/2009
Regular Meeting of Beverly City Council 7:00 PM Jan
#243
Page 60f8
The Committee on Finance and Property to whom was referred the matter of allocation of tax levy for FY08 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 approve the following:
First Passage:
Public Hearing:
Final Passage:
1.
2.
3.
4.
Not Adopt a Residential Exemption
Not adopt a Small Commercial Exemption
That the City NOT accept Open Space Exemptions
That the City adopt a 1.61 Classification shift which will result in a residential factor of
90.6399
Nov. 5, 2007
Nov. 19, 2007, Recessed until December 3, 2007
December 3, 2007
Order read once and adopted 7 -1 Vote Martin voting against
#248
The Committee on Finance and Property to whom was referred the matter of appropriations and transfers 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 for an appropriation in the amount of three hundred forty seven thousand seventy nine
dollars and ninety four cents ($347,079.94) and transfers to and from various expenditure accounts.
First Passage:
Public Hearing:
Final Passage:
November 19, 2007
December 3, 2007
December 3, 2007
Order read once and adopted 8-0 Vote
#250
The Committee on Finance and property to whom was referred the matter of Transfer to Account 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 for a transfer in the amount of Seven Thousand ($7,000) Dollars from account
Reserve for Unforeseen to City Solicitor Outside Counsel. Said sum of money to be expended under the direction of the City Solicitor
First Passage:
Public Hearing:
Final Passage:
Nov. 19, 2007
Dec. 3, 2007
Dec. 3, 2007
Order read once and adopted 8-0 Vote
#260
8/24/2009
Regular Meeting of Beverly City Council 7:00 PM Jan
Page 70f8
The Committee on Finance and Property to whom was referred the matter of Real Estate exemptions-Age of Participants 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 Finance Director to lower the eligible age limit and increase the income
guidelines to make more homeowners eligible for Senior Citizen Real Estate exemptions.
Order read once and adopted 8-0 Vote
#249
The Committee on Legal Affairs to whom was referred the matter of Appointment-Constable Timothy Creamer 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
#251
The Committee on Legal Affairs to whom was referred the matter of Home Rule Petition for six additional liquor licenses have considered
said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
HOME RULE PETITION
ORDERED: That the Legislature of the Commonwealth of Massachusetts enact legislation to allow the Licensing Authority of the
City of Beverly to issue six (6) additional licenses for the sale of all alcoholic beverages to be consumed on the premises in addition to the
number of all alcoholic beverage licenses currently allowed to be issued by the Beverly Licensing Board pursuant to Massachusetts
General Laws Chapter 138, Section 17. A draft of the proposed legislation is set forth herein below:
AN ACT AUTHORIZING THE CITY OF BEVERLY TO ISSUE ADDITIONAL LICENSES FOR THE SALE OF ALL ALCOHOLIC
BEVERAGES TO BE DRUNK ON THE PREMISES.
Be it enacted by the Senate and House of Representatives in General Court assembled,
and by the authority of the same, as follow:
SECTION 1. Notwithstanding section 17 of chapter 138 of the General Laws or any
other general or special law to the contrary, the local licensing authority of the City of
Beverly may issue six (6) additional licenses for the sale of all alcoholic beverages to be
drunk on the premises, pursuant to section 12 of chapter 138 of the General Laws, to
establishments located in the City of Beverly.
SECTION 2. Notwithstanding any General or special law or any rule or regulation to
the contrary, the local alcohol licensing authority shall not approve the transfer of any
of said licenses to any other locations. Said license may be re-issued by the local
alcohol licensing authority at the same location if an applicant for said license files
with said authority a letter in writing from the Department of Revenue indicating that
said license is in good standing with said Department and that any and all applicable
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Regular Meeting of Beverly City Council 7:00 PM Jan
Page 80f8
taxes have been paid.
If the license granted under this section is cancelled, revoked or no longer in use, such
license shall be returned physically, with all of the legal rights, privileges and
restrictions pertaining thereto, to the local alcohol licensing authority.
Notwithstanding section 17 of chapter 138 of the General Laws, or any other general
or special law to the contrary, the local alcohol licensing authority may then grant the
license to a new applicant at the same location and under the same conditions as
specified in the preceding paragraph.
Section 3. This act shall take effect upon its passage.
Refer back to Legal Affairs
Unfinished Business:
Resolutions:
Motions and Orders:
#271
By Councilors Burke, Flaherty and Coughlin
City property abutting developers construction site at south side of Roundy St. East Side and Rantoul St.
Refer to Public Services
Meeting adjourned: 9: 10 PM
Frances A. Macdonald, CMC
City Clerk
8/24/2009