A.
Composition; term of office. There shall be a Council on Aging consisting
of nine members. The members of the Council on Aging shall annually
elect one of the nine members appointed by the Mayor to act as Chair.
The term of each member shall be for three years, staggered so that
three members are appointed each year.
B.
Authority and responsibilities. The Council on Aging shall coordinate
and conduct programs dealing with problems for the aging and promote
facilities for the health, education, welfare and recreation of the
aging. It shall annually submit a budget to the Mayor and City Council
for their approval. It shall make an annual report on or before the
first day of February to the Mayor and City Council, and shall make
such other reports as from time to time may be requested. The Council
on Aging shall be an advocate for the needs of the elderly people
residing in the City. The Council on Aging shall conduct surveys of
the elderly population to better determine their needs, problems and
concerns. The Council on Aging shall develop criteria for program
and supportive services development based upon an assessment of needs,
and shall participate in programs offered by the Commonwealth's Department
of Elder Affairs. The Council on Aging is an advisory committee of
the City.
A.
Composition; terms of office. There shall be an Airport Commission
consisting of nine members. Members of such Commission shall not have
any affiliation or interests, directly or indirectly, with any operating
firm or lessee at the airport and aviation facilities. Two members
shall be residents of the Town of Danvers as shall be recommended
by the Town Manager of the Town of Danvers, who shall recommend said
members to the Mayor for appointment. In the event that such recommendation
fails to result in an appointment, additional residents of Danvers
shall be sought. The members of the Airport Commission shall be appointed
by the Mayor, with the approval of the City Council, for terms of
three years each, or until their successors are appointed and approved.
Vacancies in the Commission shall be filled for the unexpired term
by the appointing authority.
[Amended 1-6-2005 by Ord. No. 358; 2-16-2016 by Ord. No. 013; 3-21-2016 by Ord. No. 069]
B.
Authority and responsibilities. The Airport Commission is responsible
for the custody, care, and maintenance of the Beverly Regional Airport
(also known as "John Mountan Field"), all other municipal aviation
facilities in the City as well as ensuring safe and efficient operation
under pertinent rules and regulations. The Commission operates under
the authority provided to airport commissions pursuant to General
Laws Chapter 90, by the Charter, ordinances, and by any other state
and/or federal rules and regulations governing airports.
[Amended 11-2-2015 by Ord. No. 465]
C.
The Mayor shall appoint an Airport Manager who is the executive officer
of the Commission, who may, with the consent of the Mayor, appoint
an Assistant Airport Manager. The Airport Commission may, consistent
with state procurement regulations, and with the consent of the Mayor,
let or lease land areas at the airport for up to 20 years, determine
charges or rentals for property, facilities, installations, landing
fees and services, and determine the terms and conditions for such
charges. Subject to the approval of the Mayor and City Council, the
Airport Commission may let or lease for longer periods.
D.
The Airport Commission, subject to the consent of the Mayor, is authorized
to expend any funds granted by the City, state or federal government
for airport purposes, and may make contracts for the maintenance,
operation, construction, enlargement, and improvement of the airport
pursuant to the laws of the commonwealth governing the making of such
contracts.
E.
The Airport Commission shall adopt rules and regulations for the
use of the airport or for the safety of the public upon or beyond
the limits of the airport under its control. Such rules and regulations
must be approved by the Massachusetts Aeronautics Commission and published
in the same manner that ordinances are required to be published.
F.
If the Airport Commission obtains an offer for a grant of federal
funds, it shall designate the Massachusetts Aeronautics Commission
as its agent to receive federal funds and receipt therefor in its
behalf, and, subject to the consent of the Mayor, shall enter into
an agreement with the Massachusetts Aeronautics Commission prescribing
the terms and conditions of such agency in accordance with federal
laws, rules and regulations, and applicable laws of the commonwealth.
G.
The Airport Commission may invite bids for any contract involving
the acquisition, establishment, construction, enlargement, protection,
equipment, maintenance, or operation of its airport, and shall submit
every such proposed contract to the Massachusetts Aeronautics Commission
for approval. After approval has been given, the Airport Commission
may, subject to the consent of the Mayor, award such contracts, subject
to the availability of appropriations.
H.
Except as otherwise provided in this or any other ordinance of the
City, the Airport Commission assumes all other responsibilities and
authority granted pursuant to General Laws Chapter 90 and pertinent
state and/or federal regulations.
A.
B.
Authority and responsibilities.
(1)
The Zoning Board of Appeals hears and decides individual cases brought by persons seeking land use relief; all as provided for in MGL c. 40A, §§ 7 through 17, and Chapter 300, Zoning, of the City Code. The Zoning Board of Appeals is an advisory and regulatory committee of the City.
(2)
The Zoning Board of Appeals acts as a board of appeals on matters
of subdivision control under the applicable sections of MGL c. 41,
§§ 81Y, 81Z, 81AA and 81BB; and decides on comprehensive
permits pursuant to the provisions of MGL c. 40B, §§ 20
through 23.
A.
Composition. There shall be a Board of Assessors consisting of three
members, one of whom shall be Chief Assessor and Chairman of the Board.
B.
Authority and responsibilities. The Board of Assessors shall annually
determine the valuation of all real and personal property subject
to taxation within the City. The Board of Assessors shall annually
determine the annual tax rate necessary to provide for the budget
approved by the City. The Board of Assessors hears and decides all
questions relating to the abatement of taxes levied by it. It has
all of the other powers, duties and responsibilities which are given
to boards of assessors by general laws.
A.
There is hereby created an Award to Municipal Employees Committee
consisting of five members, appointed yearly by the Mayor, subject
to confirmation by the City Council, whose duty shall be to gather,
classify and judge suggestions and make monetary awards to eligible
City employees who submit the most valuable suggestions for improving
the service of the municipality.
B.
The Committee shall be unpaid and shall operate under the following
conditions:
(1)
The Committee shall accept suggestions, in writing only, with the
signature of the employee affixed thereto.
(2)
The suggestions shall become the property of the City.
(3)
The Committee shall turn over all suggestions to the City Council
within three months after they have been received.
(5)
All municipal employees having attained their office by the electorate
shall be eligible to participate in this program.
(6)
Department heads and executive boards shall be disqualified from
entering suggestions relative to their own department only.
A.
Composition. There shall be a Beverly Golf and Tennis Club Commission
consisting of nine members which shall have the custody, care and
management of the facility known as the "Beverly Golf and Tennis Club."
Members of such Commission shall not have any affiliation or interest,
directly or indirectly, other than an annual membership as may be
prescribed under the rules and regulations of the Commission, with
any operating firm, third-party vendor, or lessee of the Beverly Golf
and Tennis Club facilities. Its membership shall consist of seven
members from the public, one member of the Conservation Commission,
and one member of the Parks and Recreation Commission.
B.
Authority and responsibilities.
(1)
Such Commission shall make rules and regulations not otherwise inconsistent
with law, and may set and collect any fees which shall be applied
to a specific account established with and supervised by the City
Treasurer. All rules and regulations and the fee schedules adopted
shall be subject to the approval of the Mayor and City Council.
(2)
The Commission shall let or lease the Beverly Golf and Tennis Club,
or any part thereof, with the approval of the Mayor and the City Council.
No modification or waiver of the term of any lease by the Commission
shall be effective without the approval of the Mayor and the City
Council.
(3)
Under no circumstances shall the Beverly Golf and Tennis Club Commission
hire any personnel.
(4)
The Beverly Golf and Tennis Club Commission shall make an annual
report on or before the first day of August to the Mayor and the City
Council, reflecting the financial operation of the previous fiscal
year, and shall make such other reports as from time to time may be
required.
C.
There shall be no parking in areas properly posted and designated
by the Commission as "No parking" areas at the Beverly Golf and Tennis
Club.
A.
Composition. The Housing Authority shall be managed, controlled and
governed by five members, appointed as provided in this section, of
whom three shall constitute a quorum.
(1)
Four members of the Beverly Housing Authority shall be appointed
by the Mayor, subject to confirmation by the City Council, for terms
of three years each, such that the terms of each member expires in
a different year.
(2)
One member of the Beverly Housing Authority shall be appointed by
the Massachusetts Department of Housing and Community Development
(Department) for a term of three years which expires in a different
year than any member appointed by the Mayor.
(3)
One of the four members of the Beverly Housing Authority appointed
by the Mayor shall be a resident of the City and shall be a representative
of organized labor who shall be appointed by the Mayor from a list
of not fewer than two names nor more than five names, representing
different unions, submitted by the Central Labor Council, AFL-CIO
and the International Brotherhood of Teamsters, Chauffeurs, Warehousemen
and Helpers of America of the City or of the district within which
the City is included. If no such list of names is submitted within
60 days after a vacancy occurs, the Mayor may appoint any representative
of organized labor to the Authority.
(4)
One of the four members of the Beverly Housing Authority appointed
by the Mayor shall be a tenant in a building owned and operated by
or on behalf of the Beverly Housing Authority who shall be appointed
by the Mayor from lists of names submitted by each duly recognized
City-wide and project-wide tenants' organization in the City. A tenants'
organization may submit a list which contains not fewer than two names
nor more than five names to the Mayor, who shall make the selection
from among the names so submitted; provided that, where no public
housing units are owned and operated by the Beverly Housing Authority
and no such units are owned and operated on behalf of the Beverly
Housing Authority, the Mayor shall appoint any tenant of the Beverly
Housing Authority from lists submitted in accordance with this section.
If no list of names is submitted within 60 days after a vacancy occurs,
the Mayor shall appoint any tenant to the authority. The Mayor shall
notify in writing tenants' organizations as specified herein not less
than 90 days prior to the expiration of the term of a tenant member.
Whenever a vacancy occurs in the term of a tenant member for any reason
other than the expiration of a term, the Mayor shall notify in writing
the tenants' organizations specified herein within 10 working days
after the vacancy occurs. The Mayor shall make an appointment within
a reasonable time after the expiration of 60 days after said notice.
(5)
Vacancies, other than by reason of expiration of terms, shall be
filled for the balance of the unexpired term, in the same manner as
the original appointment.
(6)
As soon as possible after the qualification of the members of the
Beverly Housing Authority, the City Clerk shall file a certificate
of such appointment with the Department, and a duplicate thereof,
in the office of the State Secretary. If the State Secretary finds
that the Beverly Housing Authority has been organized and the members
thereof appointed according to law, he shall issue to it a certificate
of organization, and such certificate shall be conclusive evidence
of the lawful organization of the Authority and of the appointment
of the members thereof.
B.
Authority and responsibilities. The Beverly Housing Authority shall
make careful studies of the housing needs within the City, and shall
provide such programs to make available housing for families of low
income and for elderly persons of low income as it deems to be necessary
or desirable. The Beverly Housing Authority shall have all of the
powers, duties, authority and responsibilities as are afforded to
such entities under General Laws Chapter 121B.
[Amended 6-16-1998 by Ord. No. 144; 4-4-2002 by Ord. No.
41; 5-4-2006 by Ord. No. 83; 11-16-2015 by Ord. No. 480; 11-7-2016 by Ord. No. 236]
A.
Appointment and term. The Beverly Waste Reduction Committee shall
consist of nine members, each appointed for a term of three years,
or until their successors are qualified. The membership shall include
persons interested in fostering decreased solid waste and increased
solid waste recycling in the City of Beverly. Ex officio, nonvoting
members shall include a representative of the City department responsible
for solid waste disposal and the Health Director.
B.
Authority and responsibilities.
(1)
The Beverly Waste Reduction Committee shall act in an advisory and
consulting capacity to the Mayor, City Council, and other interested
City departments, boards, committees or commissions and to the citizens
of the City, relative to any and all matters concerning solid waste
management except those matters concerning hazardous wastes that are
made the responsibility of the Hazardous Waste Oversight Committee.
(2)
The Beverly Waste Reduction Committee shall identify ways of increasing
recycling and waste reduction.
(3)
The Beverly Waste Reduction Committee shall serve as a resource for
the general education of the public with respect to matters concerning
solid waste management, solid waste reduction, and recycling.
(4)
The Beverly Waste Reduction Committee shall address itself to the
following matters dealing with solid waste management:
(a)
Assisting City officials in establishing a solid waste management
policy that aims to decrease waste disposal, particularly by enforcing
Massachusetts waste bans, and to increase recycling.
(b)
Encouraging increased recycling and decreased waste disposal
by Beverly citizens, schools and businesses by utilizing available
funds as needed for educational materials.
(c)
Encouraging composting using household composters and the City
compost site.
(d)
Establishing a mechanism for periodic review of citizen inquiries.
(e)
Reviewing monthly recycling and waste tonnage in order to assess
the effectiveness of education programs.
(f)
Requesting updates on solid waste management at schools and
other municipal public buildings on a regular basis.
(g)
Assisting in writing grants for funds for education, and the
purchasing of recycling bins and composters.
C.
Meetings; chairperson. The Beverly Waste Reduction Committee shall
meet in the month of January of each year to elect a Chairperson who
will preside at the meetings of the Committee. The Beverly Waste Reduction
Committee shall meet no less often than bimonthly.
[Amended 2-16-2016 by Ord. No. 013; 4-18-2023 by Ord. No. 072]
There shall be a Building and Other Facilities Planning and
Construction Committee (Planning and Construction Committee) in accordance
with Charter Section 5-6. The Director of Engineering, Commissioner
of Public Services, Public Works may be appointed to serve as a member
of the Building and Other Facilities Planning and Construction Committee.
A.
Composition. There shall be a Cable Television Advisory Committee
(CTAC) consisting of nine members and three alternate members.
B.
Authority and responsibilities. The CTAC advises the Mayor on matters
relating to the licensing and supervision of a contract for cable
services in the City consistent with General Laws Chapter 166A. Consistent
with the cable contract, the CTAC may be designated by the Mayor to
exercise certain authority under the contract.
(1)
The CTAC acts as a sounding board for citizen complaints and suggestions
relating to the cable television services and Internet and shall,
under the direction of the Mayor, refer subscriber complaints to the
cable operator for appropriate resolution. The CTAC meets not less
than once each quarter for the purpose of reviewing cable contract
compliance and advising on other licensing matters.
(2)
The CTAC shall also specifically address itself to the following
matters:
(a)
The continued review of the original contract, with the right
to "call for action" to negotiate with the licensee to address discrepancies
that occur.
(b)
The ongoing study of rules and regulations issued by the state
advisory commission, and briefings to keep up with changing state
of the art in the communications technologies.
(c)
Acting as liaison for the public, for cable TV programming and
public access in the City (studies, evaluations, recommendations).
(d)
A commitment to advising and educating regarding all of the
above, for the Mayor and for the residents of the City.
(e)
The CTAC shall develop and submit to the City Council a document,
including a policy statement and specific procedures for use of cable
television, for coverage of political campaigns for elections set
by the City Council. The City Council shall approve such document,
return it to the Committee for additional work, or amend it as the
City Council sees fit. Thereafter, an updated document will be submitted
to the City Council once a year on March 1.
(f)
On all matters pertaining to public issues under consideration
by City agencies, the CTAC shall see to it that coverage is fair and
unbiased.
A.
Composition. There shall be a Board of Managers of Public Cemeteries
(which shall be called the "Cemetery Commission") which shall consist
of five persons: one to be the Director of Engineering, Commissioner
of Public Services, Public Works, one to be the Finance Director or
a designee of the Finance Director, one to be a member of the Conservation
Commission, to be designated by that body, one to be a member of the
Historic Districts Commission, to be designated by that body, and
one to be appointed in the month of February (in different years)
for a term of two years by the Mayor, subject to confirmation by the
City Council. One of the members of the Board of Managers shall serve
as clerk for the purpose of maintaining minutes of the Board's proceedings
and other tasks as may be required from time to time.
B.
Authority and responsibilities.
(1)
Organizational meeting; record of proceedings. The Cemetery Commission
shall meet as frequently as its duties require, and, at its first
meeting of each year, it shall elect a Chairman and also a Clerk.
The Clerk shall keep a record of all proceedings of the Board.
(2)
Powers and duties; rules and regulations. The Cemetery Commission
shall make all necessary rules and regulations concerning the operation
of public cemeteries. The Cemetery Commission may lay out the public
cemeteries and burial places of the City into lots and may sell and
convey to any persons, whether residents of the City or otherwise,
the exclusive right of burial and of erecting tombs, monuments, or
cenotaphs. The Cemetery Commission will make recommendations to the
Mayor relative to the acquisition of lands for the expansion of public
cemeteries, and will be charged with the layout of existing cemetery
properties using available space to the maximum practicable extent.
The Cemetery Commission shall make an annual report to the City Council.
(3)
Revenues; disposition of proceeds. Receipts for the delivery of services
shall be deposited with the general fund. Proceeds from the sale of
cemetery lots will be deposited in the "Sale of Lots Fund" and the
"Endowment Fund" according to the then current schedule of rates.
The Cemetery Commissioners will annually appropriate transfers from
these fund accounts for the care of cemeteries.
(4)
Maintenance of cemeteries. The maintenance of cemeteries shall be
the sole responsibility of the Director of Engineering, Commissioner
of Public Services, Public Works.
C.
Endowment of lots; perpetual care. The cost of graves, perpetual
care, openings and any other related costs shall be determined by
the Board of Managers of the Cemetery Division of the Public Services
Department and a fee schedule shall be posted in the City Clerk's
office. Such sums shall be entered upon the City Treasurer-Collector's
books and shall be invested under the direction of the Commissioner
of Trust Funds in such manner as shall show the name of the person
from whom, and the lot or lots, grave or graves on account of which
the same was received. Such lot or lots, grave or graves shall be
in condition acceptable to the Board of Managers of Public Cemeteries
before such donation shall be deposited. The Treasurer-Collector shall
keep a separate account of each deposit thus made and collect the
income thereof and credit the same on each account. Upon receipt of
money for the endowment of a lot or lots, grave or graves, the City
Treasurer-Collector shall make receipts in duplicate showing the name
or names of the person or persons making the deposit, the date of
the same, and designating the location and ownership of the lot or
lots, grave or graves to be endowed, one copy of which is to be given
to the person or persons making the deposit and one copy to the Clerk
of the Board of Managers of Public Cemeteries. It shall be the duty
of the Board of Managers to apply the income of all investments made
under the provisions of this section for the care and preservation
of each particular lot or grave for which a deposit has been made
and so invested.
[Amended 2-21-1989 by Ord. No. 122]
[Amended 4-9-2008 by Ord. No. 61]
A.
Establishment; composition; term of office; vacancies. There is hereby
established a Clean Energy Advisory Committee consisting of seven
members, three of whom shall be appointed by the Mayor and four of
whom shall be appointed by the City Council. The Clean Energy Advisory
Committee shall also consist of three ex officio advisors having no
voting authority and shall include the Director of Engineering, Commissioner
of Public Services, Public Works, or his/her designee, the Director
of Building and Grounds or his/her designee and the Inspector of Wires
or his/her designee. Each of the appointees preferably shall have
demonstrated interest in the field of clean energy. All appointments
shall be for a term not to exceed three years. All appointments shall
be subject to review by the City Council.
B.
Authority and responsibilities.
(1)
The Clean Energy Advisory Committee shall act in an advisory capacity
to the Mayor, City Council, and other interested departments, boards,
commissions or committees and to the citizens of Beverly relative
to any and all matters concerning the conservation of energy. It shall
facilitate the adoption of renewable energy sources and practices.
(2)
A majority of the appointed members presently named and serving on
the Committee shall constitute a quorum, and no meeting shall be continued
without a quorum present. A majority of the members presently named
and serving on the Committee shall be necessary for the approval or
disapproval of any recommendation.
(3)
The Committee shall adopt rules and regulations for keeping accurate
minutes of its meetings.
(4)
The Committee shall appear before the City Council in the months
of March and October and present a verbal written annual report.
(5)
The Clean Energy Advisory Committee's functions shall include, but
are not limited to, the following:
(a)
Assist in developing a comprehensive City energy policy for
current and future use.
(b)
Identify funding sources and resources that could be used to
implement energy programs designed to conserve energy.
(c)
Facilitate the adoption of energy conservation in public buildings,
vehicles and equipment.
(d)
Research and provide information regarding municipal strategies
related to energy efficiency and sustainable development.
(e)
Educate the public in matters of clean energy.
[Added 6-19-2013 by Ord. No. 51]
A.
Establishment. There is hereby established a Community Preservation
Committee, in accordance with Chapter 267 of the Acts of 2000, the
Massachusetts Community Preservation Act, MGL c. 44B, § 1
et seq., as amended, which shall consist of nine members.
B.
Membership, appointing authority and terms.
(1)
The composition of the Committee, the appointment authority and term
of office for the Committee members shall be as follows:
(a)
One member of the Historic Districts Commission, acting as the
Historic Commission, as designated by the Commission, for an initial
term of three years and thereafter for a term of three years.
(b)
One member of the Conservation Commission as designated by the
Commission, for an initial term of two years and thereafter for a
term of three years.
(c)
One member of the Planning Board as designated by the Board,
for an initial term of one year and thereafter for a term of three
years.
(d)
One member of the Parks and Recreation Commission as designated
by the Commission, for an initial term of three years and thereafter
for a term of three years.
(e)
One member of the Housing Authority as designated by the Authority,
for an initial term of two years and thereafter for a term of three
years.
(f)
One member of the Open Space and Recreation Committee as designated
by the Committee, for an initial term of year and thereafter for a
term of three years.
[Amended 6-18-2014 by Ord. No. 126]
(g)
Three at-large members being residents of the City not currently
holding elected office, as appointed by the City Council:
[1]
One member to be appointed for an initial term of three years,
and thereafter for a term of three years.
[2]
One member to be appointed for an initial term of two years,
and thereafter for a term of three years.
[3]
One member to be appointed for an initial term of one year,
and thereafter for a term of three years.
(2)
The at-large seats shall be open to any resident, and members may include citizens who have expertise or demonstrated interest in open space, recreation, historic preservation, affordable housing, municipal finance or fiscal accounting practices. Preference will be given to applicants who are not currently members of any of the six boards, commissions and committees listed in Subsection B(1)(a) through (f), inclusive.
[Amended 6-18-2014 by Ord. No. 126]
(3)
If possible, Committee membership as a whole should be drawn from
all wards.
(4)
The commission, board or committee that has appointment authority
under this section shall appoint such representative(s) within 45
days of the effective date of this section. The City Council shall
also appoint its representatives within 45 days of the effective date
of this section.
(5)
Any vacancy on the Community Preservation Committee shall be filled
by the commission, board or committee that designated the member who
creates the vacancy by designating another member in accordance with
the above for the unexpired term, and within 45 days of the date of
vacancy.
(6)
The City Council shall also fill any vacancy in its appointments
by designating another member in accordance with the above for the
unexpired term, and within 45 days of the date of vacancy.
(8)
Should any of the commissions, boards or committees that have appointment
authority under this section no longer be in existence for whatever
reason, the appointment authority for that commission, board or committee
shall become the responsibility of the City Council.
(9)
All Committee members shall serve on the Committee without compensation.
(10)
Vacancies shall be publicly posted.
C.
Duties.
(1)
The Community Preservation Committee shall study the needs, possibilities,
and resources of the City regarding community preservation, including
the consideration of regional projects for community preservation,
and shall develop and publish community preservation guidelines within
six months of the Committee's first meeting. Development of the guidelines
shall include a public hearing.
(a)
The Committee shall consult with the public in addition to existing
municipal boards, including the City Council, the Conservation Commission,
the Historic Districts Commission, the Planning Board, the Open Space
and Recreation Committee, the Parks and Recreation Commission and
the Housing Authority, or persons acting in those capacities or performing
like duties, in conducting such studies.
(b)
The Committee shall annually hold at least one public informational
hearing (and may hold more than one such meeting in a given year)
on the needs, possibilities and resources of the City regarding community
preservation, notice of which shall be posted publicly and published
for each of two weeks preceding a hearing in a newspaper of general
circulation in the City and posted electronically on the City's website.
The Committee may, after proper appropriation, incur expenses as permitted
by state law using funds from the Community Preservation Fund to pay
such expenses.
(2)
The Community Preservation Committee shall make recommendations to
the City Council for the acquisition, creation and preservation of
open space; for the acquisition, preservation, rehabilitation and
restoration of historic resources; for the acquisition, creation,
preservation, rehabilitation and restoration of land for recreational
use; for the acquisition, creation, preservation, and support of community
housing; and for the rehabilitation or restoration of open space and
community housing that is acquired or created with community preservation
funds. With respect to community housing, the Community Preservation
Committee shall recommend, wherever possible, the reuse of existing
buildings or construction of new buildings on previously developed
sites. With respect to recreational use, the acquisition of artificial
turf for athletic fields shall be prohibited.
(3)
The Community Preservation Committee may include in its recommendation(s)
to the City Council a recommendation to set aside for later spending
funds for specific purposes that are consistent with community preservation
but for which sufficient revenues are not then available in the Community
Preservation Fund, or to set aside for later spending funds for general
purposes that are consistent with community preservation.
(a)
The Community Preservation Committee may recommend the issuance
of general obligation bonds or notes, in accordance with the provisions
of MGL c. 44B, § 11, in anticipation of revenues to be raised
pursuant to MGL c. 44B, § 3, the proceeds of which shall
be deposited in the Community Preservation Fund.
(b)
In every fiscal year, the Committee shall recommend that the
City Council either spend, or set aside for later spending, not less
than 10% of the annual revenues in the Community Preservation Fund
for each of the following: open space (not including land for recreational
use); historic resources; and community housing.
D.
Quorum requirements and cost estimates.
(1)
The Community Preservation Committee shall not meet or conduct business
without the presence of a quorum and shall keep a written record of
its proceedings. A majority of the members of the Community Preservation
Committee shall constitute a quorum.
(2)
When making a recommendation(s) to the City Council, the Community
Preservation Committee shall provide the Council with estimates of
cost for each recommendation.
E.
Rules and regulations.
(1)
The Committee shall annually elect one of its members to serve as
Chairperson and may elect such other officers, adopt procedural rules
and regulations and establish any subcommittee(s) as it deems appropriate.
(2)
A Committee member may serve as Chairperson for two consecutive years,
after which she or he shall not be eligible to be nominated for the
same position for a third year. However, the Committee may waive this
provision by a two-thirds vote.
(3)
The Committee shall clearly define and make public its application
requirements and evaluation procedures.
(4)
By majority vote of the members of the Committee, the Committee may
adopt and promulgate rules and regulations for the conduct of its
business on any matter within the Committee's jurisdiction under the
Massachusetts Constitution, Massachusetts General or Special Laws,
the Code of Massachusetts Regulations (CMR), ordinance, or other legal
right or authority granted to or conferred upon the Committee.
(5)
The proposed rule or regulation shall be submitted to all Committee
members at least 48 hours prior to any vote to adopt the same; provided,
however, the Committee may make such amendments to the proposed rules
or regulations as it deems appropriate at the meeting.
(6)
Upon approval of any rule or regulation by the Committee, a copy
of the same shall be filed with the City Clerk and publicly posted
and become effective as of the date of filing thereof unless the specific
vote of the Committee establishes a later effective date.
(7)
To enhance communication, minutes of each meeting shall be sent to
the City Clerk for distribution to the City Council and shall be publicly
posted.
F.
Amendments to the Community Preservation Committee Ordinance. The
Community Preservation Committee shall from time to time review the
administration of this section and make recommendations as needed
for changes to this section and in administrative practice to improve
the operations of the Community Preservation Committee. This section
may be amended from time to time by the City Council, provided that
the amendments do not conflict with MGL Chapter 44B.
G.
Community
Preservation Act surcharge. Applications for exemption from the Community
Preservation Act surcharge must be filed with the Board of Assessors
three months after actual (not preliminary) tax bills are mailed for
the fiscal year in the year in which the exemption is sought.
[Added 6-18-2014 by Ord.
No. 126]
A.
Composition. There shall be a Conservation Commission consisting
of seven members.
B.
Authority and responsibilities. The purpose of the Conservation Commission
is to protect, promote and enhance the quantity and quality of the
natural resources within the City, especially wetlands, wildlife and
water resources, through planning, acquisition, land management, regulation,
scientific research and public education. The Commission may conduct
research into its local land areas and shall seek to coordinate the
activities of unofficial bodies organized for similar purposes.
C.
The Conservation Commission may receive gifts, bequests or devises
of personal property or interests in real property in the name of
the City, subject to approval of the Mayor. The Commission may receive
monetary gifts for development of a Conservation Fund, and expend
the same, subject to the General Laws and the approval of the Mayor.
D.
The Conservation Commission is responsible for the implementation and enforcement of the provisions of MGL c. 131, §§ 40 and 40A, in protecting floodplains, sea coasts and other wetlands within the City, in accordance with the General Laws and Chapter 287, Wetlands Protection, of the City Code, and it shall have the powers, duties and responsibilities given to Conservation Commissions by MGL c. 40, § 8C.[1]
E.
The Conservation Commission is responsible, with the Open Space and
Recreation Committee, for the development and adoption of the City's
Open Space and Recreation Plan, subject to City Council approval.
The Commission may adopt policies and promulgate land management plans
for properties of the City granted to or reserved for conservation
purposes.
A.
Composition. There shall be a Contributory Retirement Board which
shall consist of five members. The Director of Municipal Finance shall
serve, ex officio, as a member of the Board, one member shall be appointed
by the Mayor, two members shall be elected by the members in or retired
from service of such system from among their number, and the fifth
member, who shall not be an employee or retiree or official of the
City of Beverly, shall be chosen by the other members. The terms of
all members shall be for three years. [Note: See MGL c. 32, § 20(4)(b).]
B.
Authority and responsibilities. The Contributory Retirement Board
shall have the powers and duties provided in Subdivision (5) of MGL
c. 32, § 20, and shall be responsible for the management
of the retirement system for the City of Beverly, subject to the requirements
of General Laws Chapter 32 and to the oversight of the Commissioner
of Public Employee Retirement as provided in MGL c. 32, § 21,
and otherwise.
A.
Composition. There shall be a Cultural Council, to consist of 11
members. Members shall have demonstrated scholarship or creativity
in, or distinguished service to, the arts, humanities, or interpretive
sciences.
B.
Authority and responsibilities. The Cultural Council decides the
distribution of arts lottery funds or other funds that may be available
to it, and may also conduct other activities to promote and encourage
the arts, humanities, or interpretive sciences. The Cultural Council
operates pursuant to the provisions of MGL c. 10, § 58,
as amended.
A.
David S. Lynch Public Parks Fund. The legacy bequeathed to the City
by the late David S. Lynch shall be known as the "David S. Lynch Public
Parks Fund."
B.
Composition; appointments; terms; compensation; officers; vacancies.
The David S. Lynch Public Parks Fund shall be administered by a board
of seven trustees, serving without compensation, one of whom shall
be the Director of Engineering, Commissioner of Public Services, Public
Works, of the City by virtue of his office, and one member of the
Beverly Improvement Society to be chosen annually by the Mayor from
a list of three members submitted by him to that body. The other five
members shall be appointed by the Mayor, subject to confirmation by
the City Council, the original appointment being one member to serve
until the first day of October, 1959, and one member to serve until
the first day of October in each succeeding year up to 1963; thereafter,
all such appointments shall be for terms of five years. Vacancies
may, in like manner, be filled for the unexpired term. The Trustees
shall annually elect one of their members to act as Chairman.
C.
Authority and responsibilities. The Board of Trustees of the David
S. Lynch Public Parks Fund shall have the power to expend from the
income of such fund and, in addition thereto, $50,000 from the principal
for capital improvements only, the remainder to be left intact and
only the interest to be used, and in accordance with the terms of
the will of David S. Lynch, such sums of money as are voted from time
to time by a two-thirds majority vote of the entire board, subject
to approval by the Mayor and City Council. The Board of Trustees of
the David S. Lynch Public Parks Fund shall keep a record of its doings
and at the close of each municipal year shall make a report thereof
to the Mayor and City Council. The Commissioners of Trust Funds of
the City shall have the custody of, and invest and distribute in accordance
with the lawful vote of the Board of Trustees of the David S. Lynch
Public Parks Fund, the income and $50,000 of the principal of the
David S. Lynch Public Parks Fund.
A.
Composition. The Mayor shall appoint, subject to confirmation by
the City Council, a Design Review Board to consist of seven members:
one member shall be a representative from the planning staff, one
member from the Planning Board, one member from the Board of Appeals,
but not an associate member, one member from the Historic Districts
Commission, and the remaining three members shall include, if possible,
one architect, one architect or landscape architect or graphic designer
and one business or property owner from the City. The members appointed
by the Mayor shall serve for terms of three years, such that the term
of one member expires each year. Vacancies shall be filled by appointment
by the Mayor and confirmation by the City Council for the unexpired
term.
B.
Authority and responsibilities.[1]
(1)
Purpose. The Design Review Board shall review items for which building permits are sought and all proposals before the City Council, Board of Appeals, or Planning Board when such permits or proposals concern projects involving new construction or additions amounting to a twenty-five-percent or greater expansion of existing structures as set forth in Chapter 300, Zoning, of the City Code in the Central Business (CC), Neighborhood Commercial (CN), General Commercial (CG), Restricted Industrial (IR), General Industrial (IG), and Waterfront District (WD) zones.
(2)
Additionally, the Design Review Board will review all projects which involve Industrial Development Finance Authority loans, and those projects involving special permits and zoning variances in the CC, CN, CG, IR, IG, and WD Zones at the request of the Director of Municipal Inspections, Director of Planning and Development, Planning Board, Councilors, or Mayor. The Design Review Board shall review any new construction or rehabilitation projects as described in Chapter 300, Zoning, in any commercial, industrial, or WD zoning district.
(3)
The Board shall also review all signs requiring a sign permit from
the Director of Municipal Inspections. The recommendations of the
Design Review Board will be made in order to help guide physical changes,
so that the changes shall carry out the design objectives of the Waterfront
Revitalization Phase II Report (pp. 4, 5, and 6) of the Harbor Management
Authority as may be amended from time to time, the building treatment
recommendations of the Downtown Revitalization Plan (pp. 103-124),
and the general guidelines of the Beverly Sign Ordinance.[2]
C.
Recommendation procedure. The Design Review Board shall, in cases
where the Planning Board, Zoning Board of Appeals, or City Council
is involved, formally notify such multiple-member body of a recommendation
at least 14 days before a decision (vote or other action) is to be
made. A representative from the planning staff may, in appropriate
cases, act as spokesman for the Design Review Board and forward such
recommendation to the appropriate board. In cases of building improvements
or sign proposals under the Design Review Board's jurisdiction where
no Planning Board or Zoning Board of Appeals action is necessary,
a representative from the Planning Department shall formally notify
the Director of Municipal Inspections of a recommendation before the
applicant in question may obtain the necessary permits. In such cases,
the Director of Municipal Inspections shall be notified of a Design
Review Board recommendation within 14 days of building permit application
and shall deny the building permit unless the Design Review Board
approves.
[Amended 11-21-1988 by Ord. No. 431]
A.
Composition. There is hereby established a Commission on Disabilities
to consist of seven members, all of whom shall be residents of the
City, and one such member shall be a City employee in the Department
of Municipal Inspections.
B.
Authority and responsibilities. The Commission on Disabilities shall
act in an advisory and consulting capacity to the Mayor, City Council,
City departments and other interested organizations, relative to any
and all matters concerning physically and mentally handicapped individuals.
Except as otherwise provided in the Charter or by ordinance, it shall
have the powers, duties and responsibilities given to a Commission
on Disabilities by MGL c. 40, § 8J.
[Amended 12-6-1993 by Ord. No. 548; 2-9-2005 by Ord. No. 12; 10-6-2014 by Ord. No. 177]
A.
Composition. There is hereby established an Economic and Community
Development Council to consist of 17 members. The members shall be
appointed as follows:
(1)
Ex officio (to serve by virtue of their office): the Director of
Engineering, Commissioner of Public Services, Public Works (or designee),
the Director of Planning and Development (or designee), and the Economic
Development Planner.
(2)
Appointed by the Mayor and coterminous with the Mayor: a member at
large with industrial experience, a member at large with financial
investment experience, a member at large with publishing and media
experience, a member at large with arts, culture or entertainment
experience, a member at large with hospitality experience, a member
at large with high technology or life science experience, a member
at large with higher education experience, a member at large with
health-care experience, a member at large with housing development
experience, and three members from the community, and a representative
of the Chamber of Commerce.
(3)
The City Council shall elect, by a majority vote, a member from its
own number.
B.
Authority and responsibilities. The mission of the Economic and Community
Development Council (ECDC) is to enhance the City's economic infrastructure
by facilitating investments that build capacity, create jobs, generate
economic opportunity and ultimately improve quality of life. The Council
shall advise the Mayor in the development of an economic development
and community development policy for the City of Beverly and in the
creation and implementation of strategic planning initiatives that
will effectuate said policy. In order to ensure the City's economic
development goals are achieved, the ECDC will advise the Mayor on
the development and implementation of specific economic development
programs, support development projects aligned with City goals and
objectives, advocate for changes to regulations and procedures, and
develop methods to attract and retain business.
C.
Staff. The Director of Planning and Development shall provide staff
assistance to the Economic and Community Development Council, as requested
by that body.
A.
Establishment, composition. There is hereby established an Emergency
Management Department comprised of six members. Such department shall
consist of the Director of Emergency Management, a representative
of the Board of Health, a representative of the American Red Cross,
a representative of the Beverly Hospital, a physician, and a registered
nurse (with either medical or rescue experience).
[Amended 10-3-1988 by Ord. No. 259]
A.
Establishment. There is hereby established an Emergency Planning
Committee. Such Committee shall serve without pay and shall consist
of the Director of Civil Defense, such other department heads and
such other persons as the authority appointing the Director may deem
necessary. Such member of the Committee as the appointing authority
shall designate shall serve as Chairman of the Committee. The Committee
shall be responsible for establishing and maintaining an emergency
operations plan for the City.
B.
Emergency operations plan.
(1)
The emergency operations plan will include, but not be limited to:
hazardous materials, hurricanes, floods, earthquakes, tornadoes and
other potential incidents that threaten the City.
(2)
The emergency operations plan will include, but not be limited to:
(a)
A description of problems which are likely to occur, including
locations and technical data related to those problems and locations.
(b)
A description of manpower and equipment which will be required
to deal with those problems, the locations, telephone numbers, etc.,
and a complete resources file on officials of other governmental,
military and volunteer organizations.
(c)
The designation, for each emergency individuality, of a command
center and operations chief, whose authority will only be subject
to the Mayor.
(d)
Separate, written general operations for each department.
C.
Termination. This section shall remain in force during the effective
period of Chapter 639 of the Acts of 1950 and any act in amendment
or continuation thereof or substitution therefor.
D.
References to state law. All references to Chapter 639 of the Acts
of 1950, as now in force, shall be applicable to any act or acts in
amendment or continuation of or substitution for Chapter 639 of the
Acts of 1950.
A.
Composition. There is hereby established in the City of Beverly a
Harbor Management Authority which shall consist of 11 persons, nine
of whom shall be appointed by the Mayor subject to confirmation by
the City Council and two of whom shall be members of the City Council
appointed by majority vote of said Council.
B.
Authority and responsibilities. The Authority is hereby authorized
and empowered:
(1)
To review and comment on all proposed waterfront development projects
within the Waterfront District zoning district.
(2)
To implement a comprehensive master plan for Beverly Harbor, to be
called the "Beverly Harbor Management Plan."
(3)
To work with the Harbormaster in enforcing the rules and regulations
of the Beverly Harbor.
(4)
To research, publicize and assist in the complementation of rules
and regulations of the Department of Environmental Protection promulgated
under the provisions of Chapter 91 of the General Laws and the licensing
procedures of the Army Corps of Engineers.
(5)
To provide for the orderly placement or arrangement of existing and
future moorings in the harbor in cooperation with the Harbormaster.
(6)
To act as liaison between the City of Beverly and the Army Corps
of Engineers, Division of Wetlands and Waterways of the Department
of Environmental Protection, and the Massachusetts Office of Coastal
Zone Management; to work directly with the Army Corps of Engineers
in determining the future of the federal channel project.
(7)
To review and make recommendations on proposed zoning changes for
land bordering the Beverly Harbor.
(8)
To meet at least once a month.
(9)
To apply for, receive, and administer grants or subsidized funding
from any state and federal agency, and to utilize all accepted financial
policies to raise revenues for the planning, construction, or financing
of any project on the harbor or for the hiring of staff or office
and support materials.
(10)
To prepare an annual budget.
(11)
To expend, without further appropriation, within the limit of
its budget moneys received from licensing or permit fees and leasing
activities.
(12)
To administer the operation of the public pier facility and
all future public facilities on the Beverly Harbor.
C.
Geographic jurisdiction. The geographic jurisdiction of the Harbor
Management Authority is as follows:
(1)
All areas of the tidal zones, not land areas, but only the tidal
zones known as "Trust lands" by the Department of Environmental Protection,
in that part of the City zoned Waterfront District; and all other
tidal zones where moorings or piers exist.
(2)
The federal channel, within Beverly Harbor, as determined by the
Army Corps of Engineers.
(3)
All current and future mooring areas within the oceanic boundaries,
shown on United States Geographic Survey maps, of the City of Beverly.
D.
Review by City Council; minutes. The City Council may revoke any
and all acts of the Authority by a two-thirds vote taken within 30
days of such act. The Authority shall transmit to the Clerk of the
City Council the minutes of each meeting within seven days.
A.
Composition.
(1)
There shall be a Hazardous Waste Oversight Committee to consist of
three members. The membership shall include one chemist, one attorney,
and one member of the general public, knowledgeable in hazardous substances.
(2)
The Mayor shall designate the Fire Chief or the Public Health Officer
to be the municipal coordinator as set forth in MGL Chapter 111F,
Hazardous Substances Disclosure by Employers.
B.
Authority and responsibilities.
(1)
The Hazardous Waste Oversight Committee shall act in an advisory
and technical consulting capacity to the Mayor, City Council, Board
of Health, Fire Department and other interested City departments,
boards, committees or commissions and to the citizens of the City,
relative to any and all matters concerning hazardous or toxic substances
and the use or disposal thereof, and the ultimate effect such chemical
constituents shall have upon the environment of the City.
(2)
The Committee shall address itself to the following matters dealing
with hazardous or toxic substances:
(a)
Implement the state Right to Know Law, MGL Chapter 111F.
(b)
Employer MSDS reporting.
(c)
Answer citizen "right to know" inquiries.
(d)
Establish committee hazardous waste and toxic substances policy.
(e)
Oversee work performed by environmental consultants retained
to implement Chapter 111F.
(f)
Review monthly bills for services rendered.
(g)
General supervision and guidance provided for environmental
consultants.
(h)
Establish monthly mechanism of reviewing citizen inquires.
(i)
Technical review of specific environmental issues.
(j)
Review anticipated changes of Chapter 111F.
(k)
Oversee, with technical support and guidance, all issues dealing
with hazardous waste and toxic substances within the City.
(l)
Work as the technical oversight committee with the Board of
Health on issues dealing with hazardous waste and toxic substances.
(m)
Be a resource committee for the City to review and make advisory
recommendations to the Mayor and City Council relative to hazardous
waste incidents within the community.
(n)
Be a technical resource committee for the Fire Department when
it is involved with hazardous waste or toxic substance incidents.
A.
Composition. There shall be a Board of Health consisting of three
persons. One member of the Board of Health shall be a physician.
B.
Authority and responsibilities. Except as otherwise provided in the
Charter or by ordinance, the Board of Health shall have and may exercise
all of the powers, duties and responsibilities given to local health
authorities by General Laws Chapter 111 and by all applicable provisions
of the Code of Massachusetts Regulations. It may make all regulations
which it may deem necessary in regard to the removal and abatement
of filth, rubbish, nuisances and causes of disease.
C.
Records. A full record shall be kept of all votes and acts of the
Board of Health, which record may be examined at any time by the Mayor
or by any committee of the City Council.
A.
Establishment; powers and duties; composition.
(1)
In accordance with the Historic Districts Act, MGL Chapter 40C, as
amended, there is hereby established the Beverly Historic Districts
Commission, which shall have all powers and duties of an historic
district commission under the General Laws.
(2)
All members and alternate members of the Commission shall be appointed
by the Mayor, subject to confirmation by the City Council. The Commission
shall consist of not less than five members nor more than seven members
and up to three alternate members, including one member, where possible,
from two nominees submitted by the Beverly Historical Society; one
member, where possible, from two nominees, one of whom shall be submitted
by the Massachusetts Chapter of the American Institute of Architects
and one of whom shall be submitted by the Boston Society of Landscape
Architects; and one member, where possible, from two nominees submitted
by the Greater Salem Board of Realtors. The Commission shall include
one or more residents of or owners of property in an historic district
to be administered by the Commission.
(3)
When the Commission is first established, two members shall be appointed
for a term of one year, two shall be appointed for a term of two years,
and three shall be appointed for a term of three years and their successors
shall be appointed in like manner for terms of three years. When the
Commission is first established, one alternate member shall be appointed
in like manner for a term of one year, one alternate member shall
be appointed for a term of two years and one alternate member for
a term of three years and their successors shall be appointed in like
manner for terms of three years. All vacancies shall be filled in
like manner for the unexpired terms.
(4)
All members of the Commission shall serve without compensation.
(5)
The Commission shall elect annually a Chairman and Vice Chairman
from its own number and a Secretary from within or without its number.
B.
Meetings; quorum; time for action. Meetings of the Historic Districts
Commission shall be held at the call of the Chairman and shall be
called at the request of two members of the Commission and in such
other manner as the Commission shall determine in its rules. A majority
of the members of the Commission shall constitute a quorum. When taking
action under the provisions of the fourth paragraph of Section 11
of the Historic District Act (MGL c. 40C, § 11), the Commission
shall make its determination within 60 days after the filing of the
application for a certificate of appropriateness, or such further
time as the applicant may in writing allow.
C.
Authority and responsibilities. Except as otherwise provided by the
Charter or by ordinance, the Historic Districts Commission shall have
and may exercise all powers and duties of an historic district commission
as provided in General Laws Chapter 40C.
D.
Adoption of rules and regulations; employment of technical personnel.
The Historic Districts Commission shall adopt rules and regulations
for the conduct of its business not inconsistent with the provision
of the Historic Districts Act, MGL Chapter 40C, as amended. The Historic
Districts Commission may, subject to appropriation, and with the consent
of the Mayor, employ clerical and technical assistants and consultants
and incur other expenses appropriate to carrying on its work, and
may accept money gifts and expend the same for such purposes.
E.
Exclusions from Commission review. The following categories of buildings
or structures or exterior architectural features may be constructed
or altered within an historic district without review by the Commission:
(1)
Temporary structures or signs; subject, however, to such conditions
as to duration of use, location, lighting, removal and similar matters
as the Commission may reasonably specify.
(2)
Terraces, walks, driveways, sidewalks and similar structures, or
any one or more of them, provided that any such structure is substantially
at grade level. This is not to be construed as to include parking
lots.
(3)
Storm doors and windows, screens, window air conditioners, lighting
fixtures, antennas, and similar appurtenances, or any one or more
of them.
(4)
Colors for use on buildings and roofs.
(5)
Signs of not more than one square foot in area in connection with
use of a residence for a customary home occupation or for professional
purposes, provided only one such sign is displayed in connection with
each residence and, if illuminated, is illuminated only indirectly;
and one sign in connection with the nonresidential use of each building
or structure which is not more than 12 square feet in area, consists
of letters painted on wood without symbol or trademark and, if illuminated,
is illuminated only indirectly; or either of them.
(6)
The reconstruction, substantially similar in exterior design, of
a building, structure or exterior architectural feature damaged or
destroyed by fire, storm or other disaster, provided such reconstruction
is begun within one year thereafter and carried forward with due diligence.
[Added 10-19-2015 by Ord.
No. 453]
A.
Establishment;
composition.
(1)
There
is hereby established a Human Rights Committee. This Committee shall
consist of 11 members, with at least three members who have demonstrated
knowledge and/or experience with addressing matters of human and civil
rights. The Committee shall also include one member from the City
administration and one member from the School Department. Members
of the Committee serve without compensation and shall be appointed
by the Mayor, subject to confirmation by the City Council, for a term
of three years and a maximum term limit of six consecutive years.
The members first appointed shall have staggered terms. The initial
appointments of fewer than three years, for purposes of staggering
the terms, shall not count towards the six-consecutive-year term limit.
(2)
The
members of the Committee shall be citizens of Beverly and shall, so
far as practicable, be so selected as to provide broad representation
from the fields of advocacy, business, education, labor, law, law
enforcement, public health and religion. Members may be removed in
accordance with the provisions of the City Charter.
B.
Purpose.
The Committee shall actively seek to enhance equal justice, inclusivity,
and human rights for all members of our community.
(1)
The
Committee serves as a resource to the City of Beverly and the public.
The Committee may provide education and support on human rights, diversity,
and inclusivity, with the goal of raising awareness and sensitivity
to matters of human and civil rights.
(2)
The
Committee may provide the public with contact to agents of the Massachusetts
Commission Against Discrimination or other appropriate federal, state,
and local agencies.
(3)
The
Committee shall meet a minimum of four times each year.
(4)
The
Committee may conduct ongoing campaigns and host free public events
each year to facilitate public education on diversity, discrimination
and inclusive community building as relevant to Beverly.
(5)
The
Committee shall not operate as an adjudicatory body.
A.
Composition. There shall be an Industrial Development Finance Authority
consisting of five members as provided in MGL Chapter 40D. The members
of the Industrial Development Finance Authority shall be appointed
by the Mayor for terms of three years each. At least one director
shall be experienced in financial matters, one in real estate matters,
and one in municipal government.
B.
Authority and responsibilities. The Industrial Development Finance
Authority is responsible for coordinating and approving industrial
development projects for financing by means of tax-exempt industrial
development finance bonds. The Industrial Development Finance Authority
acts pursuant to the provisions of General Laws Chapter 40D. The City,
acting by and through its Authority, and the Mayor, is authorized
and empowered to borrow money in furtherance of the purposes of General
Laws Chapter 40D, and to evidence the same by the issuance of bonds.
A.
Composition. The custody, management and control of the public library
and reading rooms, and all property of the City relating thereto,
subject to the provisions of the Charter relating to trust funds,
shall be vested in a board of trustees consisting of nine persons,
residents of the City, who shall serve without compensation.
B.
Appointment; terms. The Mayor shall appoint annually in January,
subject to the confirmation of the City Council, three Trustees, whose
terms of office shall be for three years, but who shall, however,
continue to serve thereafter until their successors are appointed
and confirmed.
C.
Chairman; Secretary. The Board of Trustees shall organize annually
immediately after the qualification of the Trustees newly appointed
by the choice of a Chairman and Secretary from its own number, and
shall from time to time prescribe regulations for the government of
the library.
D.
Authority and responsibilities.
(1)
Appropriations
and donations. All money appropriated by the City Council for the
support and maintenance of the library, and all money or property
that the City or library may receive by donation from any source or
by devise or bequest on behalf of the library, shall be expended under
the direction of the Board of Library Trustees for its support and
maintenance, in accordance with the conditions of each donation, devise
or bequest accepted by the City.
(2)
Report
to City Council. The Board of Library Trustees shall, annually, make
a written report to the Mayor of its doings for the preceding year,
and shall include therein a statement of all of the property of the
City in its care and custody, and of all devises, bequests and donations
which have been made to or are being held by the City in behalf of
the library, together with such recommendations as may be deemed proper.
E.
Employee vacations. Notwithstanding the provisions of any other ordinance
to the contrary, the Board of Trustees is empowered to determine the
vacation period of its employees.
A.
Composition. The Mayor shall appoint three persons to serve as a
licensing authority for the City pursuant to the provisions of MGL
c. 138, § 4, and MGL c. 140, § 1. The members
of the Licensing Board shall be persons who have been resident in
the City for at least two years prior to the date of their appointment,
and who are not engaged, directly or indirectly, in the manufacture
or sale of alcoholic beverages. One member shall be appointed from
each of the two leading political parties and the third member may
also be appointed from one of said political parties. The terms of
office of members shall be three years.
B.
Authority and responsibilities. The Licensing Board may grant licenses
relating to alcoholic beverages under Chapter 138 of the General Laws
and those licenses under Chapter 140 of the General Laws which are
not, by the provisions of said chapter, placed within the jurisdiction
of another municipal officer or agency, and shall have all the powers
and duties of a licensing authority under said chapters. The Licensing
Board is an advisory and regulatory committee of the City.
[Amended 4-21-1999 by Ord. No. 41]
A.
Establishment; composition; term of office; vacancies. There is hereby
established the Beverly Open Space and Recreation Committee consisting
of 12 members, six of whom shall be appointed by the Mayor and six
of whom shall be appointed by the City Council. Of the six members
appointed by the Mayor, two will be at-large, one shall be a member
of the Conservation Commission, one shall be a member of the Planning
Board, one shall be a member of the Parks and Recreation Commission,
and one shall be a member of the Beverly Harbor Management Authority.
If a member of a particular board is not available, the Mayor shall
appoint a person with similar expertise. The Mayor shall assign an
employee of the Planning Department to the Committee as resource person
and liaison to City government. Of the six members appointed by the
City Council, one shall reside in Ward I, one shall reside in Ward
II, one shall reside in Ward III, one shall reside in Ward IV, one
shall reside in Ward V, and one shall reside in Ward VI, and they
shall be nominated by their respective Ward Councilor. All members
shall be residents of the City and shall not be in the employ of the
City of Beverly. Each of the Council appointees shall have a demonstrated
interest in preserving open space/recreation. All appointments shall
be for three-year terms. All appointments shall be subject to review
by the City Council. Vacancies shall be filled by the appropriate
appointing authority for the remainder of the unexpired term. The
appointing authority may remove a member for failure to fulfill the
duties and responsibilities of the office. The Committee shall organize,
annually, by electing a Chairperson, Vice-Chairperson and Recording
Secretary from its membership.
[Amended 2-16-2016 by Ord. No. 013]
B.
Authority and responsibilities.
(1)
The Open Space and Recreation Committee shall act as an advisory
committee to the Mayor, City Council, City departments, private organizations
and the general public on matters concerning open space and recreation
and shall have no budgetary powers.
(2)
A majority of the appointed members presently named and serving on
the Committee shall constitute a quorum, and no meeting shall be continued
without a quorum present. A majority of the members presently named
and serving on the Committee shall be necessary for the approval or
disapproval of any matter.
(3)
Upon its formation, a mission statement shall be formulated and reviewed
from time to time as the Committee shall deem proper.
(4)
The Committee shall adopt rules and regulations for keeping accurate
minutes and the conduct of its proceedings.
(5)
The Committee shall appear before the City Council in the month of
October and present an annual report.
[Amended 10-16-2017 by Ord. No. 496]
(6)
The Committee's functions shall include, but are not limited to,
the following:
(a)
Prepare and from time to time update a five-year open space
and recreation plan for current and future use.
(b)
Prepare a continuing inventory of open space in the City.
(c)
Research and recommend financing alternatives for acquisition
and preservation of open space and the development of recreational
facilities, including the impact on the City budget.
(d)
Set criteria for prioritizing open space acquisition, recreational
facility development, and redevelopment for current and future use.
(e)
Explore creative strategies to preserve open space.
(f)
Recommend any changes in state and local laws to facilitate
acquisition and preservation of open space.
(g)
The Open Space and Recreation Committee will structure ad-hoc
committees, as needed, to address specific objectives of the Committee,
and shall recruit, as needed, members to serve in a nonvoting advisory
capacity.
A.
Composition. The Parking and Traffic Commission shall consist of
nine members to be appointed as follows: the Chief of Police or his
or her designee, the Chief of the Fire Department or his or her designee,
the Planning Director or his or her designee, the Commissioner Public
Services and Engineering or his or her designee, a representative
from the Beverly Chamber of Commerce, two residents appointed by the
Mayor and two residents appointed by the City Council. The Mayoral
and Council appointees shall include, if possible, a traffic engineer,
transportation engineer/planner, or parking and traffic consultant.
The terms of all members shall be for three years, so arranged that
the representatives of the Police and Fire Departments shall expire
in one year, the representatives of the Planning Department and the
Beverly Chamber of Commerce shall expire in another year, and the
representative of the Mayor's office and the citizens appointed by
the City Council shall expire in a third year. Vacancies shall be
filled by the appropriate entity for the balance of the then-unexpired
term.
[Amended 3-20-2017 by Ord. No. 328]
B.
Authority and responsibilities.
[Amended 3-10-2005; by Ord. No. 44; 11-23-2007 by Ord. No. 224]
(1)
The Parking and Traffic Commission is established to control and
regulate the present municipal lots, both owned and rented by the
City (which control and regulation is subject to the approval of the
Mayor and City Council), and to monitor and make recommendations regarding
traffic flow and patterns within the City of Beverly.
(2)
The Parking and Traffic Commission shall have the power to direct
funds from parking meter receipts into directional signage and parking
lot repairs, maintenance and beautification, subject to the recommendation
of the Mayor and the approval of the City Council.
(3)
The Parking and Traffic Commission shall study and make surveys and
recommendations to the Mayor, City Council, and municipal boards and
commissions pertaining to the development of new parking areas, the
impact of new development on traffic patterns, and rules and regulations
pertaining to parking and traffic, including loading zones, etc.
A.
Established; appointment of members; compensation. There is hereby
established a Parks and Recreation Commission. This Commission shall
consist of nine members, serving without compensation, who shall be
appointed by the Mayor, subject to confirmation by the City Council.
[Amended 3-25-1998 by Ord. No. 91]
B.
Composition; terms; vacancies. The Parks and Recreation Commission
shall consist of four members who have a background in recreation,
two members who have a background in maintenance of parks and playgrounds,
and three members at large. The members first appointed shall serve
staggered terms, and their successors shall be appointed for terms
of four years each.
[Amended 3-25-1998 by Ord. No. 91]
C.
Organization; rules and regulations for conduct of public parks and
recreation. Immediately after their appointment, the members of the
Parks and Recreation Commission shall meet and organize by electing
from their membership one Chairman and such other officers as may
be necessary. The Commission shall have the power to adopt bylaws,
rules and regulations for the proper conduct of public recreation,
parks and playgrounds, subject to such changes as the Mayor and City
Council may from time to time adopt.
D.
Powers and duties.
(1)
The Parks and Recreation Commission shall provide, conduct and supervise
activities at public playgrounds, playfields, indoor recreation centers
and recreation areas and facilities, except Hurd Stadium, which shall
be the responsibility of the School Department. It may conduct such
activities on property under its own control, on public properties
with the consent of the authorities thereof, and on private properties
with the consent of the owners. It shall have the power to conduct
any form of recreation or cultural activity that will employ the leisure
time of the people in a constructive and wholesome manner.
(2)
The Parks and Recreation Commission shall have charge of capital
improvement programs of all parks, the Common, beaches and playgrounds,
including Cooney Field but excepting Hurd Stadium, which shall be
the responsibility of the School Department.
(3)
The Parks and Recreation Commission shall have the care, control
and charge of all parks, playgrounds and public domain, including
the Common and Soldiers' Monuments lot, except Hurd Stadium, which
shall be the responsibility of the School Department. The Commission
may furthermore, subject to appropriations and orders first made by
the City Council, take land within the City limits in fee or otherwise
by gift, purchase, or by right of eminent domain, or by lease, and
maintain the same as a public playground. All proceedings in reference
to such taking of land for parks or playgrounds, and with reference
to damages connected with the same, shall be in accordance with the
provisions of law.
E.
Administrator and other personnel. The Parks and Recreation Commission
shall have the power to appoint or designate someone to act as Administrator
of Parks and Recreation who shall be trained and properly qualified
for the work, and such other personnel as the Commission deems proper
The Administrator shall be a resident or shall become a resident within
one year.
F.
Submission of annual budget. The Parks and Recreation Commission
shall annually submit a budget to the Mayor and City Council for their
approval.
G.
Reports. The Parks and Recreation Commission shall make an annual
report on or before the first day of February to the Mayor and the
City Council, and shall make such other reports as from time to time
may be requested.
A.
Composition. There shall be a Planning Board to consist of nine members.
B.
Authority and responsibilities.
(1)
In general. The duties of the Planning Board shall be such as are
stated in MGL c. 41, §§ 70 to 72, and in MGL c. 41,
§§ 81A through 81GG. The Planning Board shall also
further consider and advise upon municipal improvements either at
the request of other officials of the City or upon its own initiative.
The Board shall meet at regular intervals. It may also hold public
meetings. It shall at times have access to all public documents or
information in the possession of any City official or department.
It shall examine the plans for the exterior of any public building,
monument or similar feature, and for the development and treatment
of the grounds about the same before the adoption thereof, and may
make such recommendations thereof as it may deem needful. It may make
investigations and studies relative to new street and park developments.
It may provide for public lectures and other educational work in connection
with its recommendations. The Board may incur expenses necessary to
carry on its work within the amount of its annual appropriations.
(2)
Annual reports. The Planning Board shall make a report to the City
annually, giving information regarding the conditions of the City
and any plans or proposals for the development of the City and estimates
of the cost thereof. Such report shall be sent to the Mayor not later
than January 15 in each year.
(3)
Reports of Planning Board required on certain subjects. All plans
for laying out, extending, discontinuing or changing the limits of
any way, street, public park or square, every purchase of land for
the site of any public building, and all plans for the location, erection
or alteration of public buildings shall be submitted to the Planning
Board for its opinion at least two weeks in advance of action by the
Mayor or the City Council.[1]
C.
Appointment; terms. The Mayor shall appoint, subject to confirmation
by the City Council, a Planning Board to consist of nine members.
Annually, the Mayor shall appoint, as the terms of the present members
expire, subject to confirmation by the City Council, three members
of the Planning Board, who shall hold office for terms of three years
from the time of their appointment.
D.
Vacancies. Vacancies occurring in the Planning Board shall be filled
by appointment by the Mayor for the unexpired term, subject to confirmation
by the City Council.
E.
Duties; meetings. The duties of the Planning Board shall be such
as are stated in MGL c. 41, §§ 70 to 72, and further
to consider and advise upon municipal improvements either at the request
of other officials of the City or upon its own initiative. The Board
shall meet at regular intervals. It may also hold public meetings.
It shall at times have access to all public documents or information
in the possession of any City official or department. It shall examine
the plans for the exterior of any public building, monument or similar
feature, and for the development and treatment of the grounds about
the same before the adoption thereof, and may make such recommendations
thereof as it may deem needful. It may make investigations and studies
relative to new street and park developments. It may provide for public
lectures and other educational work in connection with its recommendations.
The Board may incur expenses necessary to the carrying on of its work
within the amount of its annual appropriations.
F.
Service without compensation. The members of the Planning Board shall
serve without compensation.
G.
Report. The Planning Board shall make a report to the City annually,
giving information regarding the conditions of the City and any plans
or proposals for the development of the City and estimates of the
cost thereof. Such report shall be sent to the Mayor not later than
January 15 in each year, and a copy thereof shall be filed with the
Division of Planning of the Department of Commerce.[2]
H.
Requirement for acceptance of subdivisions. No subdivision shall
be accepted by the Planning Board until after approval of the drainage
system by the Director of Engineering and the Board of Health.
I.
Earth removal. Chapter 300, Zoning, § 300-21, Removal of sod, loam and gravel, shall apply to all earth removal activities in the City, except those undertaken on public land and except as otherwise limited herein. No permit from the Board of Appeals shall be necessary for the removal of any soil, sod, loam, sand, gravel, or other mineral matter which is to be removed in compliance with the requirements of a residential, commercial or industrial subdivision plan approved by the Planning Board. Excavation of soils is subject to the Sediment Control and Materials Management Ordinance as well as the drainage alteration permit.
J.
Width and grade of streets. No street or way shall be laid out as
a public way by the City Council of a width less than 40 feet nor
unless the same is in condition for public travel at a grade established
by the Director of Engineering, Commissioner of Public Services, Public
Works; provided, however, that any street or way in actual use on
September 9, 1908, may be laid out as a public way by a vote of 2/3
of all the members of the City Council.
K.
Plans to accompany petitions to lay out ways. Every petition for
the laying out of any way shall be accompanied by a suitable plan
thereof showing the location of the bound stones.
L.
Conditions prerequisite to acceptance of streets. No street shall
be accepted unless the following conditions are complied with:
(1)
Sewer, water, gas and surface drainage shall be installed in the
proposed street and the same then shall be put in an acceptable condition
before the acceptance of the proposed street by the City. If, in the
opinion of the Director of Engineering, Commissioner of Public Services,
Public Works, it is not practicable to install sewer or gas within
a reasonable time, then the restriction as to sewer or gas may be
waived by the Director.
(2)
The developer or contractor shall construct five-foot sidewalks of
hot top material, and the sidewalks shall be six inches above the
gutter line.
(3)
The contractor or developer shall construct the necessary surface
drainage to take care of surface water under the direction of the
Director of Engineering, Commissioner of Public Services, Public Works.
(4)
Stone bounds shall be set in accordance with the rules and regulations
of subdivision control.
A.
Composition. There shall be a Board of Registrars of Voters consisting
of the City Clerk and three other persons. (See MGL Chapter 51.)
B.
Members of the Board of Registrars of Voters shall be appointed by
the Mayor for terms of three years each so that they represent the
two leading political parties, and in no case shall an appointment
be made so as to cause the Board of Registrars of Voters to have more
than two members, including the City Clerk, of the same political
party. Every such appointment shall be made from a list to be submitted
by the City committee of the political party from the members of which
the position is to be filled, containing the names of three enrolled
members of such party resident in the City, selected by a majority
vote at a duly called meeting of such committee.
C.
Authority and responsibilities. The Board of Registrars of Voters
hold voter registration sessions, certify the signatures on nomination
papers and petitions, hold hearings and decide disputes over signatures
on nomination papers, prepare an annual list of registered voters,
and perform all other duties as cited in General Laws Chapter 51.
[Amended 5-12-2008 by Ord. No. 86]
A.
This section hereby establishes the Beverly Stormwater Management
Advisory Committee consisting of eight members made up of representatives
from the Engineering Department, Public Services Department, Municipal
Inspections Department, Conservation Commission, Planning Department,
Board of Health, Parks and Recreation Department and a citizen representative.
The Mayor shall appoint such members to the Committee.
[Amended 2-16-2016 by Ord. No. 013]
B.
The Stormwater Management Advisory Committee shall advise the Director of Engineering in establishing and evaluating rules and regulations to further clarify and implement Chapter 249, Stormwater Management, of the City Code as well as coordinating activities and monitoring progress of the City's stormwater management plan. Additionally, a Stormwater Coordinator, as appointed by the Mayor, shall assist in coordinating the Committee's activities and the City's stormwater program.
A.
Composition. There shall be a Board of Commissioners of Trust Funds
consisting of three members.
B.
Authority and responsibilities. The Board of Commissioners of Trust
Funds shall, so far as is consistent with the purposes of any trust,
manage and control all trust funds which are the property of the City
and may from time to time invest and reinvest the same and shall distribute
the income from such trusts in accordance with the terms of each such
trust. Except as may otherwise be provided by City ordinance, the
Board of Commissioners of Trust Funds shall have all of the other
powers, duties and responsibilities imposed upon trust fund commissioners
by General Laws and otherwise.
C.
It is the policy of the City of Beverly that trust fund management
be consistent with the legal requirements, including City ordinances,
and spirit of each respective trust document and, to the maximum extent
possible, realize the purposes the trusts were intended to achieve.
D.
Trust fund management will be conducted with the primary objectives
of:
(1)
Conformance to each trust document's specified purpose, legal requirements,
and administrative guidelines.
(2)
Adherence to the City of Beverly general ordinance providing for
the administration of city trusts.
(3)
Preservation of capital.
(4)
Maintenance of security of trust funds and investments.
[Amended 1-3-2017 by Ord.
No. 280]
A.
Establishment; composition. There is hereby established a Veterans Advisory Committee. This Committee shall consist of 13 total members serving without compensation, who shall be appointed by the Mayor, subject to confirmation by the City Council, for a term of three years. Initial appointments of members shall be for staggered terms. At least a majority of the total members shall at all times be veterans. The Director of Veterans' Services shall serve, by virtue of office, as a member of the Committee. The Veterans' Graves Officer appointed by the Mayor according to § 58-45 shall also serve as a member of the Committee. Members may be removed in accordance with the provisions of the City Charter. Notwithstanding § 15-8, the Mayor may appoint, subject to confirmation by a two-thirds vote of the City Council, members who are not residents of the City of Beverly. Full-time municipal employees are eligible to be appointed to the Veterans Advisory Committee.
[Amended 6-5-2017 by Ord.
No. 401]
B.
Authority and responsibilities.
(1)
The Veterans Advisory Committee shall act in an advisory capacity
to the Mayor, City Council, and other interested departments, boards,
commissions or committees and to the citizens of Beverly relative
to any and all matters concerning military veterans.
(2)
A majority of the appointed members presently named and serving on
the Committee shall constitute a quorum. A majority of the members
presently named and serving on the Committee shall be necessary for
the approval or disapproval of any recommendation.
(3)
The Committee shall, at its first meeting, vote to elect a Chair,
Vice Chair and Secretary of the Committee. The Committee shall adopt
rules and regulations for keeping accurate minutes of its meetings.
(4)
The Committee's functions shall include, but are not limited to,
the following:
(a)
The Committee shall serve as a resource to the City of Beverly
and the public. The Committee may provide education and support to
help raise awareness on veteran-related matters.
(b)
The Committee shall provide the public with contacts to agents
of federal, state and local agencies that provide services to veterans
and their families.
(c)
The Committee shall assist The City of Beverly's Director of
Veterans' Services in coordinating annual and ad hoc veteran-related
community events, such as parades, remembrances or other such events.
(d)
The Committee shall provide continuing oversight of the condition
of each of the several veterans memorials of the City and shall from
time to time, not less frequently than annually, file a report with
the Director of Veterans' Services with recommendations as to any
needed repairs, upkeep, maintenance and improvements to such memorials
as in its judgment may be necessary or advisable. Whenever the Committee
believes an expenditure of funds in excess of ordinary maintenance
is required to be made, it shall submit its report containing such
recommendation in time to be considered as part of the capital improvement
plan.
A.
Composition. There is hereby established a Youth Activities Commission
to consist of seven members, one of whom shall be a member of the
Parks and Recreation Commission.
B.
Authority and responsibilities.
(1)
The Youth Activities Commission shall establish and carry on, and
encourage others to establish and carry on, programs and activities
designed to aid and improve the welfare of youth in the City. For
such purposes, the Commission may conduct its activities on property
under its control, on other public property under the control of other
officers or boards, with the consent of such officers or boards, or
on private property, with the consent of the owners; provided, however,
that the Mayor and City Council approve the use of any such property.
The Commission shall submit a quarterly progress report to the Mayor
and City Council.
(2)
The Youth Activities Commission shall keep a record of its doings
and at the close of each municipal year shall make a report thereof
to the Mayor and City Council of its accounts and proceedings, and
of the condition of any buildings under its control, and an account
of its receipts for the calendar year. All receipts collected by the
Commission shall be paid to the City Treasurer weekly, to be deposited
in the general fund. The Commission shall cooperate and coordinate
its functions with any federal, state, municipal and private agencies
concerned with any of the foregoing.
(3)
Director and other employees. The Youth Activities Commission shall,
subject to the consent of the Mayor, appoint such full-time and part-time
assistants as the Commission, with the consent of the Mayor, determines
is in the best interest of the work of the Youth Activities Commission,
but such other employees shall only be paid by the Commission from
its own earned receipts accounts unless otherwise specifically provided
for at any other times.
