2012-05-21Regular Meeting
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Beverly Meeting Minutes
From: Kathy Connolly [kconnolly @beverlyma.gov]
Sent: Monday, May 28, 2012 2 :35 PM
To: pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov;
mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; Jim Latter; shouseman @beverlyma.gov; Don
Martin; Brett Schetzsle; minutes @beverlyma.gov; BETTERGOV1 @aol.com
Subject: 5 -21 -2012 meeting.doc
Regular Meeting
Beverly City Council 7:00 PM May 21, 2012
Roll Call: Councilors Present: P. Guanci, D. Scott Dullea, Scott D. Houseman, James F. Latter, D. Wesley Slate, Jr., Jason
C. Silva, Donald Martin, Brett Schetzsle, Maureen Troubetaris,
Pledge of Allegiance to the Flag: Councilor Silva &Sons
Acceptance of Minutesfrom Ma 7, 202
Public Hearings and Speakers:
1. Maureen Troubetaris, Chair (Financial Forecast) Report - FY 2013 to FY 2015
2. Eric Campbell Dir. McPherson Youth (Teen Center)
3. Wendy Pearl — Community Preservation — Beverly
Public Hearing: 7:20 PM
Order # 108 Petition National Grid — Thissell St.
Refer to Public Services
Communications from His Honor the Mayor:
#110
Honorable City Council
City Hall
Beverly, MA 01915
RE: Extension of Workmen's Compensation Benefits
Dear Honorable Council
On December 12, 1913 the City of Beverly adopted Chapter 807 of the Acts of 1913, an act providing for the compensation of
public employees for work - related injuries, i.e. Workmen's Compensation. By such adoption Workmen's Compensation benefits
were granted only to laborers, workmen, mechanics, and nurses in the employ of the City.
By Order No. 28 of 2011 passed by the City Council on March 7, 2011 and approved by this office on March 8, 2011, Workmen's
Compensation was extended to all School Department employees of all job descriptions.
7/12/2012
Regular Meeting
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On the City -side at the present time laborers, workmen, mechanics and nurses are covered by Workmen's Compensation and public
safety personnel (police and fire) are covered for work - related injuries by G. L. Chapter 41 §111 F, but there are other City employees
without the coverage that either Workmen's Compensation or 111F benefits provides.
In order to extend Workmen's Compensation to all employees of the City of Beverly not already so covered or otherwise covered by G. L.
Chapter 41 §111 F, I request that in accordance with G. L. Chapter 152 §69 your Honorable Council determine that the terms laborers,
workmen, mechanics and nurses now include all union and non -union City employees, except police and fire personnel, so that all such
employees be covered by Workmen's Compensation.
A copy of a proposed ORDER that has been reviewed by the Solicitor's Office is attached hereto for your consideration.
Very truly yours,
William F. Scanlon, Jr.
Mayor
Refer to Public Services
Communications from other City Officers and Boards:
#111
Communication from — Design Review Board re: Approval of request for Sandwich Board Sign (design) - Book Shop of Beverly Farms, 40
West St. Beverly, MA.
Refer to Legal Affairs
#112
Invitation from Veterans Agent — Jerry Guilebbe to participate in the Memorial Day Parade (May 27,2012)
Receive and Place on File
Communications, Applications and Petitions:
#113
Application — Sandwich Board Sign —Book Shop of Beverly Farms, 40 West St.
Refer to Legal Affairs
#114
Request for waiver of ordinance relative to Alcohol in Public Buildings (Beverly Farms Library) Artists Anonymous
7/12/2012
Regular Meeting
Event to take place on June 7, 2012
Refer to Legal Affairs
#115
Application (Hawkers & Peddlers License) Balloons & Novelties (West Beach 4th of July) 1 Day License
Bruce W. Gordon, 5 Patriot Cir.Gloucester, MA.
Refer to Legal Affairs
#116
Application (Hawkers & Peddlers License) Erin Connolly, 60 Matthies St. Beverly, MA. "Lennys" (Hot Dog Cart)
Refer to Legal Affairs
Reports from Committees:
# 69
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The Committee on Finance and Property /Committee of the Whole to whom was referred the matter of Amendment of
Trash removal and Disposal Service Fee for FY 13 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 approves the following amended Ordinance relevant to Trash Removal and Disposal Fee FY 2013
In the Year Two Thousand and Twelve
An Ordinance Amending an Ordinance entitled Public Works Article 1 Trash Removal and Disposal Service Fee
Be it ordained by the City Council of the City of Beverly as follows:
Delete Article 1 Add: Article XXVlll
Delete Sec. 20-9 Add: Sec. 28.02 Trash Removal and Disposal Service Fee
Delete the no.1 Add: the letter (a) Residential
Delete: effective 1, July 2011 Add: effective 1,July 2012
Delete: the no. 2. Add: the letter (b) Commercial
Delete: the no. 3. Add: the letter (c) Discounts and Waivers
Delete:, FY 2010 Add: 2011 [Income Limits Documentation]
Add: the roman numeral (i) Senior Citizens
Delete: $32,150.00 Add: $33, 750.00 and Delete: $36, 750.00 Add: $38, 550.00
Add: the roman numeral (ii) Hardship Cases
Delete: $19, 300.00 Add: $20, 250.00 and Delete: $22, 050.00 Add: $23,150.00
Add: the roman numeral (iii) Eligibility
7/12/2012
Regular Meeting
Add: the roman numeral (iv) Vacancies
Add: the roman numeral (v) Penalty
Delete: the number 4, Add: the letter (d) Enforcement
Delete: the number 5, Add: the letter (e) Billing
Delete: the number 6, Add: the letter (f) ( "tipping fee")
Delete: the number 7, Add: the letter (g) Exemption
Delete: the number 8, Add: the letter (h) Review
Delete: Review on 1 March 2012 and Add review on 1 March 2013
Delete: Continue Through FY 2013 and Add: Continue through FY 2014
Delete: the number 9, Add: the letter (i) Sunset Clause
Delete Order expires 1 July 2012
Add Order expires 1 July 2013
Ordinance read once and held for Final Passage as per Charter Provisions
First Reading: May 19, 2012
Public Hearing: April 17, 2012
Second Reading: May 21, 2012
Final Passage: June 4, 2012.
Order read once and adopted 8 -1 Councilor Martin voting against
# 69
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The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of to whom was referred the matter of
Amendment of Trash removal and Disposal Service Fee for FY 13 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 Ordinance known as Article 1 Trash Removal and Disposal Fee as amended by Finance &
Property
Order read once and adopted 8 -1 Vote Councilor Martin Voting against
#99
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Appointment of Georgina Keefe - Feldman, 60 Rantoul
St. Beverly to serve on the Board of Registrars 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
#101
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Communication from the Mayor re: proposed
amendment to city Ordinances Article VII (Multiple Member Bodies) have considered said matter and beg leave to report as follows, to wit:
7/12/2012
Regular Meeting Page 5 of 6
Submit the accompanying order and recommend its adoption
An Ordinance amending an Ordinance entitled ARTICLE VII. MULTIPLE MEMBER BODIES
Be it ordained by the City Council of the City of Beverly that ARTICLE VII. MULTIPLE MEMBER BODIES be amended as follows:
By deleting the last line of and the words "No Multiple Member Body shall schedule a regular meeting which conflicts with a regularly -
scheduled meeting of the City Council" from ARTICLE VII, Section 7.02 (f)(v). General Provisions
Motion was made by Councilor Dullea to return to Committee and 2nd by Councilor Martin
All in favor — 7 Against — 2 Councilors Slate and Guanci
#105
The Committee on Legal Affairs /Committee of the Whole to whom was referred the matter of Application for a Fortune Tellers License (renewal)
Sophia Andrianopoulos,11 Sunset Dr. Beverly, MA. - have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the License
Order read once and adopted 9 -0 Vote
#97
The Committee on Public Services / Committee of the Whole to whom was referred the matter of Appointment of Garrett Brown, 57
Butman St., Beverly to serve as a member of the 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 adopted 9 -0
#108
The Committee on Public Services /Committee of the Whole to whom was referred the matter of Petition — National Grid conduit on
Thissell St. have considered said matter and beg leave to report as follows, to wit:
Recommend the Petition be granted.
Order read once and adopted 9 -0
Unfinished Business:
Motions and Orders:
#117
Order: Councilor Silva Amendment to Article XXI Sec. 22.5(b) to add Admin. of Cemetery Services and Recreation
Dir.
Refer to Legal Affairs
7/12/2012
Regular Meeting
#118
Order: Councilor Silva Amendment to Article XVI I Sections. 17.06,17.07,17.08,17.09 and 17.10.
"Licensing Board"
Refer to Legal Affairs
#119
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Order: Councilor Silva that the Financial Forecasting Committee review and pursue ways to consolidate services
between the City and School Depts. And also pursue potential ways to regionalize services with neighboring cities
& towns.
Refer to Legal Affairs
#120
Order: Councilor Guanci that the City Council accept/approve G.L. Chapt. 44B 3 -7 to submit the question re: the
Community Preservation Act — Beverly to the voters for the November Election.
Refer to Legal Affairs
#121
Order: Councilor Troubetaris relative to the Adoption of Ordinance Article XXII Sec. 22.40 Waterways Regulations
and 22.41 Glover Wharf Regulations.
Refer to Legal Affairs
Meeting adjourned: 8:40PM Attest: Kathleen P. Connolly, CIVIC
City Clerk
7/12/2012