2010-10-04
Regular Meeting
Page 1 of8
Beverly Meeting Minutes
From: Kathy Connolly [kconnolly@beverlyma.gov]
Sent: Monday, October 18, 2010 1 :49 PM
To: minutes@beverlyma.gov
Subject: 1 0-04Regular Meeting.doc
Regular Meeting
Beverly City Council 7:00 PM October 4,2010
Roll Call: Councilors Present, Michael P. Cahill, Judith A. Cronin, Patricia A. Grimes, Paul M. Guanci,
Kevin Hobin, James F. Latter, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris
Pledge of Allegiance to the Flag: Led by Councilor Grimes
Public Hearings and Public Speakers:
7: OOPM Julie Desilva, Chair
Solid Waste Management Committee
Presentation of check to Beverly Football Program
7:05PM Anna Langstaff Asst. Library Dir.
re: Community Read
7:10 PM walter Doane
re: flooding - Kinsman St.
Public Hearing Continuation - 7: 15
Order #146 Continuation (Loan Order) Parking Lot Improvements
Continued to Nov. 15.2010 @ 7:15
Public Hearing - 7:30 Order # 171 National Grid
Pole Location - Hill St. near 33 Longview Dr.
Refer to Public Services
Acceptance of Minutes:
Meeting of September 20,2010
Presentations, Awards and Memorials:
Appointments:
Communications from His Honor the Mayor:
#175
October 4, 2010
The Honorable City Council
City Hall, 191 Cabot Street
10/21/2010
Regular Meeting
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Beverly, Massachusetts 01915
Dear Honorable Council:
October 4,2010
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
We all understand that the digestion of the debt service from the nearly complete major high school
project limits the funding of additional capital expenditures in the near term.
Nonetheless there are other municipal buildings whose maintenance cannot be ignored. Serious
attention needs to be paid to City Hall, portions of the Main Library, the Police Station roof and two
roofs at the Public Services location, the GAR Hall and Central Fire Station windows.
While the funds to actually do the physical work on these structures may not be available for two to
three years, at which time debt service runoff will provide needed funding capacity, we do have in
existing accounts funds to develop the needed plans, specifications and construction drawings.
You may recall that we did develop a preliminary scope of work using Gale Associates for the both City
Hall and the Library. Based on initial estimates from Gale, transfer the sum of $272,181.91 from two
existing accounts into a new account will allow us to complete the necessary engineering work over the
next year in preparation for putting the work out to bid. John Dunn's letter attached describes this
matter in greater detail. You will note that he also calls for $15,000 -- $20,000 of this sum to be set
aside for immediate repairs to the GAR Hall. A public hearing will be needed.
Please take the necessary steps to transfer these existing sums.
Sincerely,
Respectfully,
William F. Scanlon, Jr., Mayor
Refer to Finance and Prooertv
Communications from Other City Officers and Boards:
Communications, Applications and Petitions:
#178
Communication from Mary Rees of 30 Sonning Rd. regarding pothole damage to her vehicle
Receive and Place on file refer to City Solicitor
10/21/2010
Regular Meeting
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Reports from Committees:
#175
The Committee on Finance and Property/ Committee of the Whole to whom was referred the matter request for transfer of funds for repairs
to Municipal 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 hold a Public Hearing on Monday October 18, 2010 @ 7: 15 PM in City Council Chambers, third floor 191
Cabot St. Beverly, MA relative to the transfer of $173,220.68 be transferred from the Old BHS Renovation Fund(#20551) and $98,961.24
from the Dual Fuel Burning Fund (#20536) to a new fund to be established for engineering, design and improvements to other municipal
buildings including the City Hall/Police Stationcomplex, the Main Library,Public Services Building, Main Fire Station and GAR Hall.
Order read once and adooted 9-0 Vote
# 166
The Committee on Legal Affairs / Committee of the whole to whom was referred the matter of Communication re Ordinance Review
Subcommittee recommendations have considered said matter and beg leave to report as follow, to wit
Submit the accompanying attached amended recommendations to Attorney DeCoulas and recommend their approval.
Ordered:
That the City Council adopt the recommendations of its Ordinance Review Subcommittee as follows:
Action and Votes taken on # 1 through # 11 during the Legal Affairs/Committee of the Whole Meetings
for September 13,2010 and September 27,2010 and City Council Meeting of October 4,2010. City
Council Meeting of October 4,2010
(Committee Work)
Kathleen P. Connolly
City Clerk
1. CITY OFFICERS - Add the Mayor to the list of City Officers, along with any other Department
Heads it considers appropriate;
Motion made by Councilor Troubetaris and 2nd by Councilor Martin to Approve: Motion
passes 3-0 9/13/10
2. TERMS OF OFFICE - That Mayoral appointments to Department Head / City Officer positions
be coterminous with the Mayor's own term (not applicable to the Police and Fire Chiefs'
positions );
Motion made by Councilor Martin and 2nd by Councilor Troubetaris to Approve:
Motion passes 3-0 9/13/10
Motion made by Councilor Troubetaris to reconsider vote from 9/13/10 2nd
by Councilor Martin - Motion passes 3-0 9/27/10
Motion made by Councilor Martin to rescind the vote from 9/13/10 and not
10/21/2010
Regular Meeting
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Approve the recommendation of Terms of Office -Motion passes 3-0 9/27/10
3. LEGISLATIVE HISTORY - To the extent possible, citations for prior Ordinances and
Massachusetts General Law which apply be maintained;
Motion made by Councilor Troubetaris 2nd by Councilor Martin to Approve:
Motion passes 3-0 9/13/10.
4. BEVERL Y HARBOR MANAGEMENT AUTHORITY - The enabling legislation for this entity
may not reflect its current duties and responsibilities, and should likely be revised and updated;
Motion made by Martin and 2nd by Councilor Troubetaris to Hold -Motion passes 3-0
9/13/10
Motion made by Councilor Troubetaris for No Further Action and 2nd by
Councilor Martin - Motion passes 3-0 9/27/10
5. ENGINEERING SECTION - Chapter 20 be revised and updated in accordance with the changes
submitted by that Department;
Motion made by councilor Martin 2nd by Councilor Troubetaris to Approve:
Motion passes 3-0 9/13/10
6. FEES - All references to fees in the Ordinance document either be deleted entirely or updated on
a regular basis, and all fees charged to the public be subject to Council review and approval;
Motion made by Councilor Troubetaris and 2nd by Councilor Hobin to Hold Motion
passes 3-0 9/13/10
Motion made by Councilor Troubetaris and 2nd by Councilor Martin to amend to read -
All references to dollar amounts regarding fees and dollar amounts regarding salaries in
the Ordinances be deleted.
Motion passes 3-0 9/27/10
7. ANNUAL REPORTS - All Boards and Commissions, if this is not already the case, be required
to submit a report to the Council at the end of the Fiscal Year, summarizing their major activities
and actions for the Fiscal Year just ended (similar to the Mayor's "Report on Financial and
Administrative Activities" for those Departments reporting to that Office;
Motion made by Councilor Troubetaris and 2nd by Councilor Hobin to Approve: Motion
passes 3-0 9/13/10
8. MUNICIPAL HEARING OFFICERS - Having established these positions and designated
employees to fill them, those actions which properly belong to the positions be performed
accordingly;
Motion made by Councilor Hobin and 2nd by Councilor Troubetaris to Hold
Motion passes 2-0 9/13/10 vote reflects Councilor Martin's absence
Motion made by Councilor Martin and 2nd by Councilor Troubetaris for No Further
Action - Motion passes 3-0 9/27/10
10/21/2010
Regular Meeting
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9. QUALIFICATIONS FOR POSITIONS - Where these exist in the current Ordinance document,
they be retained; where they do not, they should be developed and included in same;
Motion made by Councilor Hobin and 2nd by Councilor Troubetaris to
Approve: Motion passes 2-0 9/13/10 vote reflects Councilor Martin's absence
10. COMMISIONER OF PUBLIC SAFETY - Eliminate this position and all references to it
from the Ordinances;
Motion made by Councilor Troubetaris and 2nd by Councilor Hobin to
Approve: Motion passes 2-0 9/13/10 vote reflects Councilor Martin's absence
11. ADMINISTRATIVE CODE" - Clarify the existence of this document (City Organization Chart)
and references to it in the Ordinances vis-a-vis the Charter.
Motion made by Councilor Hobin and 2nd by Councilor Troubetaris to
Approve: Motion passes 2-0 9/13/10 vote reflects Councilor Martin's absence
Order #166 Revisions for Monday.. 4 October 2010
1. Action: Reconsider, Rescind, No Further Action.
Explanation: Mayor, by Charter, is CEO of the City. City Officers, by definition, cannot be elected
officials. Change to Ordinance document is therefore unnecessary;
Motion made by Councilor Martin for No Further Action and 2nd by Councilor Troubetaris
Motion passes 3-0
2. OK as voted in Legal Affairs & Accounts Committee;
3. OK as voted in Committee;
4. OK as voted in Committee;
5. OK as voted in Committee;
6. Action: Reconsider, Amend as follows:
"All references to fees other than the Trash Fee [either] be deleted entirely based on Council Order
2004-193 re: MGL 40., Section 22F "A Local Option Law Relative to Fee Increases". All references to
salaries in the Ordinance Document other than those specified by the Charter (Mayor., City Council.,
10/21/2010
Regular Meeting
Page 60f8
School Committee) be deleted entirely as they are set by the Annual Budget of the City"; Motion to
approve amendment Councilor Troubetaris 2nd Councilor Martin Motion passes 3-0
7. Action: Reconsider, Rescind, No Further Action.
Explanation: Section 3-104 of the Ordinances already states that Multiple Member Bodies present an
Annual Report to the Mayor of their activities to be included in the annual report to the City; Motion
made by Councilor Martin for No Further Action and 2nd by Councilor Troubetaris Motion
passes 3-0
8. OK as voted in Committee;
9. OK as voted in Committee;
10. OK as voted in Committee;
11. OK as voted in Committee.
Respectfully submitted,
D. Wesley Slate, Jr., Chair
Ordinance Review Subcommittee
Councilor, Ward 2
Order read once and adooted 9-0 Vote
#160
-
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment to the Beverly Cultural
Council Stella M. Pierce, ED.D to the Beverly Cultural Council have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adooted 9-0 Vote
#168
The Committee on Public Services / Committee of the Whole to whom was referred the matter of a Appointment to Beverly Housing
Authority Mr. Joseph Sciola have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adooted 9-0 Vote
#169
10/21/2010
Regular Meeting
Page 70f8
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointments to The Veterans Memorial
Advisory Board
Jerry Guilebbe
Philip Butman
Ron Innocenti
Don 0' Connor
Steve Pike
Tom Roccio
George Casey
Charlie Ciamiataro
26 Vine Street, Beverly
1 7 Conant Street, Beverly
21 Northern Avenue, Beverly
20 Haskell Street, Beverly
291 Essex Street, Beverly
34 Thoreau Circle, Beverly
19 Crosby Avenue, Beverly
18 Birch Road, Hamilton
have considered said matter and beg leave to report as follows, to wit:
Recommend the council approve the Appointments
-
Order read once and adooted 9-0 Vote
#171
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Petition of National Grid for the
installation of a pole @ Hill St. near 33 Longview Drive 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, October 4, 2010 at 7:30 PM in Council Chambers,
Third Floor, 191 Cabot St., Beverly, MA relative to a petition of National Grid for the installation of pole @ Hill Street near 33 Longview Dr.
First Reading: September 20, 2010
Public Hearing: October 4, 2010
Second Reading: October 4, 2010
Adopted: October 4,2010
Order read once and adooted 9-0 Vote
#172
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Communication from Beverly Bootstraps
Community Gardens Rules & Regulations have considered said matter and beg leave to report as follows to wit:
Receive and Place on File
Order read once and adooted 9-0 Vote
Unfinished Business:
Motions and Orders:
#176
By Councilor Cronin:
10/21/2010
Regular Meeting
Page 80f8
Ordered:
In accordance with the July 23,2010 recommendations from the Parking and Traffic
Commission, ordered that the existing crosswalk across Hull Street at Cahill Park be widened to
at least the standard width of eight (8) feet and, if easily implemented, to ten (10) feet.
Additionally, install new pavement markings, handicapped ramps and a School Crossing (SI-I)
with an "Ahead" trailblazer (WI6-9P) sign assembly in high intensity fluorescent yellow-green
in advance of the crosswalk ten (10) feet from either side.
Respectfully submitted,
Judith Cronin
City Councilor, Ward 6
Refer to LeQal Affairs
# 177
By Councilor Cronin:
Ordered:
In accordance with the July 23,2010 recommendations from the Parking and Traffic
Commission, ordered that three signs be erected on Hull Street in the vicinity of Centerville
School:
Sign #1 : "Speed Limit 20 miles per hour" with "School" (S4-3P) mounted above it in high
intensity fluorescent yellow-green and a "When Children are Present" (S4-2P) sign mounted
below it in high intensity fluorescent yellow-green.
Sign #2: Add a School Warning sign (SI-I) in high intensity fluorescent yellow green above the
existing dynamic speed message board.
Sign #3: Add a School Warning sign (S 1-1) in high intensity fluorescent yellow-green in both
directions in advance of the driveway to the school.
Respectfully submitted,
Judith Cronin
City Councilor, Ward 6
Meeting Adjourned: 8:25 PM
Attest: Kathleen P. Connolly
City Clerk
10/21/2010