2012-02-21Special Meeting
Page 1 of 9
Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Thursday, March 01, 2012 7 :34 PM
To: pguanci @beverlyma.gov; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; Don
Martin; minutes @beverlyma.gov; jsilva @beverlyma.gov; shouseman @beverlyma.gov;
sdullea @beverlyma.gov; Brett Schetzsle
Subject: 2/21/2012City Council Meeting
Regular Meeting
Beverly City Council 7:00 PM February 21, 2012
Roll Call: Councilors Present: D. Scott Dullea, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Jason C.
Silva, Paul M. Guanci, Donald Martin, Brett Schetzsle, Maureen Troubetaris
Pledge of Allegiance to the Flag: councilor sure
Acceptance of Minutes from February 6, 2012
Public Speakers:
1. Pat Cirrone, Library Director re: Community Reading Program
Presentation: Planning Dir. Tina Cassidy with Bill Rheyelt and
Elaine Wijnja from Mass. Dept. of Housing and Community Development re: State Laws Chapt.
40R & 40S Smart Growth Programs
Communications from His Honor the Mayor:
#36
February 10, 2012
Mr. Paul Guanci, President
Beverly City Council
191 Cabot Street
Beverly, MA 01915
RE: Special Permit application #128-11 and Site Plan Review Application #103-11/30 L. P.
Henderson Road /Cicoria Tree and Crane Service, Inc. and the City of Beverly
Dear Councilor Guanci:
When the Planning Board issued the permits allowing for the planned construction on the parcel
located near Henderson Road known as Parcel A. Lot 1, it was determined that the twelve -foot
wide easement previously surplused by the Beverly Airport Commission on April 12, 2010 and
by the Beverly City Council on April 22, 2010 did not provide adequate access to the parcel
3/12/2012
Special Meeting
Page 2 of 9
owing to concerns expressed by Beverly Fire Chief Paul Cotter. Chief Cotter recommended, and the
Planning Board agreed, that the Special Permit application 4128 -11 and Site Plan Review Application
4103 -11/30 L. P. Henderson Road /Cicoria Tree and Crane Service, Inc. and the City of Beverly be
approved "...subject to compliance with the following documents and plans..." Included in the
referenced documents and plans was a letter from Chief Cotter dated September 29, 2010 (attached
hereto as Exhibit A) requiring a road width of not less than 24 feet and sheet 4 of 4 showing the 24 feet
wide easement and an additional two feet on each side of the easement designated as "Shoulder" in the
Roadway Cross Section.
Therefore, in order for the buyer of the parcel to have sufficient legal access to comply with this Permit
condition the Beverly Airport Commission and the Beverly City Council are asked to declare as
property surplus to the Airport's needs a non - exclusive access /egress easement six feet wide on either
side and parallel to the easement previously surplused. The access /egress easement is more particularly
described on a plan entitled "Plan of Land in Beverly, Mass showing Proposed Site Development Parcel
A L. P. Henderson Road /Sam Fonzo Drive. Prepared for Cicoria Tree and Crane Service, Inc. dated
August 10, 2011, Rev. August 22, 2011, Rev. October 5, 2011 ". A copy of that plan is attached as
Exhibit B.
Please feel free to contact City Solicitor Roy Gelineau if there are any questions. Thank you.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Finance & Property
#38
February 21, 2012
Honorable City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
Enclosed please find copies of TRUSTEES' CERTIFICATE and QUITCLAIM DEED both dated
January 27, 2012 by which the Trustees of the 87 Haskell Street Realty Trust convey to the City of
Beverly all their right, title in interest in the property commonly known as 85 Haskell Street. This
transfer is for nominal consideration, i.e., it is a gift to the City.
This particular parcel of land abuts Dix Park and will be used to enhance and upgrade access to the park.
I request this Honorable Council accept this gift of real estate, upon which acceptance the original of
these documents will be recorded at the Essex (South District) Registry of Deeds.
Very truly yours,
3/12/2012
Special Meeting
William F. Scanlon, Jr.
Mayor
Refer to Finance and Property
#46
February 21, 2012
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
Page 3 of 9
I respectfully request the City Council for authorization to execute the attached amendment to the
Master Subordination Agreement currently in place for the North Shore Community Development
Coalition's affordable housing project at 325 Cabot Street.
Attached is a communication from Planning Director Tina Cassidy regarding the project. In addition,
Assistant City Solicitor Robert Munroe has reviewed the document and found it acceptable as to form.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Legal Affairs
#47
February 21, 2012
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation Mr. John J. Mullady, 49 Corning Street, to
serve as a member of the Planning Board.
His term to be effective until December 31, 2014.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Legal Affairs
3/12/2012
Special Meeting Page 4 of 9
Communications from other City Officers and Boards:
#48
Communication: Chief Mark Ray re:
February 21, 2012
February 14, 2012
Honorable Councilors
City of Beverly
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
The Beverly Police Department respectfully requests that the Beverly City Council revoke the second
hand dealer's license previously granted to George Maroskos and JGM Numismatics Investments,
located at 284 Cabot Street, for violating Section 12 of Beverly City Ordinances.
On several occasions, the Beverly Police Department determined that Mr. Maroskos conducted business
in a manner which has aided criminal activity, misled police investigations, and prevented crime victims
from recovering valuable property stolen from them.
In the most recent January 30, 2012 case (237316), Beverly Police assisted Hamilton Police
investigating thefts from a Hamilton home of several thousand dollars in precious metals and stones.
During five transactions over a three week period, the thief sold many of the stolen items to Mr.
Maroskos. During the course of these transactions, Mr. Maroskos failed to obey the Beverly City
Ordinances by:
1. Failing to require a proper identification
2. Failing to photograph valuables
3. Failing to properly document the transactions
4. Failing to forward the transaction information to the Beverly Police Department
5. Failing to hold the valuables for thirty (30) days, and
6. Failing to maintain the valuables in their original condition
The investigating officer wrote in the official report, "Mr. Maroskos actions in this matter prove to be
devastating and irreparable to this criminal investigation. His blatant violation of the city ordinance has
led to the destruction of evidence in a criminal investigation and has also suffered the victim a total loss
of her heirloom property."
The Beverly Police Department with the District Attorney's office have filed criminal charges against
Mr. Maroskos under Massachusetts General Law Chapter 268 -13b for Misleading a Police Investigation
in this case.
This is not a first instance in which Mr. Maroskos has ignored or failed to adhere to the licensing
requirements mandated by this Council.
On September 20, 2011 case (229349), Detective Liacos delivered a revised second hand dealers
ordinance, in hand, to Mr. Maroskos after he failed to report transactions for twenty (20) days.
On February 4, 2011 case (214779), Beverly Police assisted Salem Police investigating the theft of
forty -five (45) sterling silver bars. Mr. Maroskos had purchased a number of the stolen sterling silver
3/12/2012
Special Meeting Page 5 of 9
bars and failed to report the transaction to the Beverly Police. The investigators were unable to recover
the stolen items.
On January 30, 2009 case (168894), Beverly Police assisted Danvers Police investigating the theft of
twenty -two (22) one ounce gold Krugerrands. Mr. Maroskos bought 14 of the stolen Krugerrands, never
reported the transactions, and disposed of them prior to the thirty (30) day hold requirement.
On November 6, 2008 case (164311), Beverly Police Detective Ganey assisted the Gloucester Police in
the investigation of a stolen 7.5 karat diamond ring, valued at approximately $100,000. Mr. Maroskos
denied any knowledge of the ring or the suspected thief. The thief later confessed to bringing the ring to
JGM Numismatics Investments and negotiating with Mr. Maroskos. Mr. Maroskos arranged for the ring
to be brokered to a third party. The diamond was later returned to the victims, only after the District
Attorney agreed not to criminally prosecute Mr. Maroskos or the third party broker.
Under Section 12 of Beverly City Ordinances, every licensee shall keep a permanent record detailing the
transaction, require photo identification, and make and maintain a photograph of all items purchased.
All items are required to be held in the condition received for the duration of the retention period of
thirty (30) days.
Licensees are further required to forward electronically, not later than Friday of every week, a copy of
such entry to the Beverly Police Department. All transactions are required to be open to the inspection
of the Mayor, the City Council or any individual city councilor, and police officers of the City of
Beverly.
By granting a business a license to buy and sell items that are frequently targeted by criminals, our
community has a right to expect that the owner will conduct himself in a manner which obeys the
ordinance, and that he will act to assist this community in deterring criminal activity.
No community has the resources to oversee every transaction of such a business. Businesses licensed to
buy and sell valuable metals and precious stones must cooperate 100% of the time.
Mr. Maroskos' actions clearly demonstrate an attempt to circumvent the rules established to discourage
criminal activity and to protect victims of crime. His actions have made it more difficult for police to
successfully conclude investigations into residential breaks and thefts, and have prevented crime victims
from recovering valuables and heirlooms stolen from their homes.
Beverly City Ordinances clearly provides that, "the City Council may revoke such licenses at its
pleasure." The Beverly Police Department respectfully requests that the honorable City Council revoke
the license of JGM Numismatics Investments.
Very truly yours,
Mark A. Ray
Chief of Police
Refer to legal Affairs
#49
February 16, 2012
Beverly City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
3/12/2012
Special Meeting Page 6 of 9
Periodically our Financial Advisor, Peter Frazier of First Southwest Company, looks at the feasibility of
refunding existing debt. Mr. Frazier has analyzed a proposed refunding of the City's 2002 and 2003
debt issues and based on the interest rates we received in January on our new bond issue, he anticipates
substantial savings over the remaining terms of the issues.
In addition to the savings to the City, there would also be a savings to the State. The refunding would
include some of the debt associated with the elementary schools project. Because State grant
reimbursements are predicated, in part, on interest costs a reduction in such interest costs would result in
a savings to the State through reduced future grant payments.
Bond Counsel has proposed a Loan Order to authorize the refunding, which is attached. I would like to
introduce the order tonight and ask that the Council schedule a public hearing for Tuesday March 5,
2012. It may be that unexpected changes in interest rates could change our decision on the refunding
but it will be to our benefit to have an approved Loan Order, certified by Bond Counsel, ready if rates
continue to hold in their present range. Our tentative plans call for the refunding to occur in mid May of
this year.
Very truly yours,
John P. Dunn
Finance Director
Refer to Finance & Property
Communications, Applications and Petitions:
#50 - Communication from Beverly Farms Prides Crossing 4 th of July Committee request to hang a banner (West
Street)
Motion to Approve
Order read once and adopted 9 -0 Vote
#51 - Petition National Grid (Conduit on Bow Street)
Refer to Public Services
Reports from Committees:
#26
The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Appointment
— Director of Human Resources, Pauline Teixeira have considered said matter and beg leave to report as follows,
to wit:
3/12/2012
Special Meeting Page 7 of 9
Recommend the Council approve the Appointment
Order read once and adopted 9 -0 Vote
#27
The Committee on Finance & Property /Committee of the Whole to whom was referred the matter of Appointment
— director of Municipal Finance John Dunn have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adopted 9 -0 Vote
# 49
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of request for a Public
Hearing relative to refunding existing debt have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its Adoption
That the City Council of the City of Beverly will hold a Public Hearing on Monday March 5, 2012 at 7:20 PM in City
Council Chambers, third floor
191 Cabot St., Beverly, MA in order to reduce interest costs, the Treasurer, with the approval of the Mayor and the Director
of Municipal Finance, is authorized to provide for the sale and issuance of refunding bonds under G.L. c.44, §21A to refund
all or any portion of the remaining principal of and redemption premium and interest on bonds of the City originally issued
on February 1, 2002 and November 1, 2003 that are outstanding as of the date of this vote. In addition, the Treasurer is
authorized to file an application with the appropriate officials of the Commonwealth of Massachusetts (the
"Commonwealth ") to qualify under Chapter 44A of the General Laws any and all bonds of the City authorized to be
borrowed pursuant to this loan order and to provide such information and execute such documents as such officials of the
Commonwealth may require in connection therewith.
First Reading: February 21, 2012
Public Hearing: March 5, 2012
Second Reading: March 5, 2012
Order read once and adopted 9 -0 Vote
# 25
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Appointment — City
Solicitor — Roy F. Gelineau, Jr. have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adopted 9 -0 Vote
3/12/2012
Special Meeting
#29
Page 8 of 9
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Appointment —
Director of Planning and Development — Tina Cassidy have considered said matter and beg leave to report as
follows, to wit:
Recommend the Council approve the Appointment
Order read once and adopted 9 -0 Vote
#31
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Appointment to the
Conservation Commission — Christine Bertoni, 62 Hart Street have considered said matter and beg leave to report as follows,
to wit:
Recommend the Council approve the Appointment
Order read once and adopted 9 -0 Vote
# 48
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of communication from
Police Chief Mark Ray relative to revocation of Second Hand Junk Dealers License (JGM Numismatics
Investments — 284 Cabot St.) have considered said matter and beg leave to report as follows, to wit:
Submit the Accompanying Order and recommend its Adoption:
That the City Council hold a Special Meeting on March 12, 2012, 191 Cabot St. Beverly, MA. 01915
third floor, Council Chambers at 8:00 PM relative the request from Chief of Police Mark Ray for
revocation of Second Hand Junk Dealers License 2011 -5
JGM Numismatic Investments — 284 Cabot St. Beverly, MA.
Notice of Meeting and Hearing to be hand delivered.
Order read once and adopted 9 -0 Vote
#28
The Committee on Public Services /Committee of the Whole to whom was referred the matter of Appointment of Director of
Municipal Inspections — Steve Frederickson — have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
Order read once and adopted 9 -0 Vote
3/12/2012
Special Meeting
# 30
Page 9 of 9
The Committee on Public Services / Committee of the Whole to whom was referred the matter of
Appointment of Myron Schirer- Suter, 12 Munroe St. to serve as Trustee of the Public Library have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointments
Order read once and adopted 9 -0 Vote
Unfinished Business:
Motions and Orders:
Meeting adjourned: 8:10PM Attest: Kathleen P. Connolly, CMC
City Clerk
3/12/2012