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2004-11-15 7:40 PM Diane Presutti re speeding in City of Beverly 7:50 PM Public Hearing re removal of live trees at Monument Square Refer to Public Services Regular Meeting of Beverly City Council 8:00 PM November 15, 2004 Roll Call Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy : Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Costa Appointments: Acceptance of Minutes of Previous Meeting: Meeting of November 1, 2004 Communications from His Honor the Mayor : #329 November 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The attached memo from John Dunn outlines the additional appropriation recently received from the State of Massachusetts and the recommended treatment of the funds. Some $250,000 of that amount had earlier been promised to the School Department and the action recommended in the attached letter would make good on that action. Please initiate the appropriate action to make these recommendations reality. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #330 November 15, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property at 8 Jasper Street, Beverly, MA owned by Steven and Kimberly Regan. Also attached is a communication concerning this request from William O’Hare, Community Development Director. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs 193 Communications from other City Officers and Boards #331 November 8, 2004 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is a list of all establishments renewing their Amusement Device Licenses for the year 2004. City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary paperwork required for licensing. Thank you for your assistance concerning this matter. Respectfully, Frances A. Macdonald, CMC, City Clerk Refer to Legal Affairs #332 November 8, 2004 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is a list of establishments renewing their Lodging House Licenses. City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary paperwork required for licensing. Thank you for your assistance concerning this matter. Respectfully, Frances A. Macdonald, CMC City Clerk Refer to Legal Affairs #333 November 9, 2004 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear City Councilors: Attached is a list of all establishments renewing their first, second and third class Motor Vehicle Dealers Licenses. City Council approval is needed to complete the process for licensing. No license will be issued until we have all the necessary paperwork required for licensing. Thank you for your assistance concerning this matter. Respectfully, 194 Frances A. Macdonald, CMC City Clerk Refer to Legal Affairs #334 Nov. 3, 2004 Beverly City Council Beverly City Hall Beverly, MA 01915 Dear Honorable Council: At the request of the Board of Assessors, would you please schedule a Public Hearing on December 6, 2004 relative to the allocation of Fiscal Year 2005 Tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small commercial exemptions. Thank you, Very truly yours, John P. Dunn, Finance Director Refer to Finance and Property #335 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dar honorable Council: It has come to my attention that a City Ordinance adopted by the Council back in 2003 was erroneously omitted from the new administrative code and ordinances adopted later that year. In early 2003, the City Council adopted the provisions of Massachusetts General Law, Chapter 58, Section 8C regarding abatement of real estate tax obligations for affordable housing sites. At the same time, the Council adopted a local ordinance (as required by that state law) to specify how such agreements would be negotiated and approved a the local level. This ordinance accompanying the State Law was not included in the new administrative code and ordinances that were adopted by the Council in late 2003. Therefore, the City finds itself in the position of having adopted the State law, but without the required local ordinance to accompany it. Copies of the State law and earlier ordinance are attached. Please consider “readopting” the attached Ordinance to correct the omission and bring the City into compliance with the terms of MGL Chapter 58, Sec 8C. Please feel free to contact me if you have any questions regarding this request. Respectfully, Tina Cassidy, Director Planning and Development Department Refer to Legal Affairs and Accounts Communications, Applications and Petitions: #336 Comm. re Residential Trash Fee Refer to Public Services 195 #337 Request to hang banner over West Street for Christmas Boutique Event on Dec. 4, 2004 Refer to Legal Affairs #338 Request for release/discontinuance of drainage easement at 2 Ancient Rubbly Way Refer to Legal Affairs #339 Claim-Christina Hibbs re bicycle accident Receive and Place on File Refer to City Solicitor Reports from Committees: #334 The Committee on Finance and Property to whom was referred the matter of comm. reFY05 Tax levy percentages have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: The City Council of the City of Beverly will hold a Public Hearing on Monday, December 6, 2004 at 6:30 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street Beverly, MA relative to the allocation of Fiscal Year 2005 tax levy percentages among the four classes of real and personal property and consideration of the adoption of open space, residential and small commercial exemptions. 9-0 Vote Order read once and adopted #329 The Committee on Finance and Property to whom was referred the matter of Appropriation from State Funds have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a Public Hearing on Monday, December 6, 2004 at 6:15 PM in Council Chambers, third floor, City Hall, 191 Cabot Street, Beverly, MA relative to the following appropriations: 1) $250,000 appropriated to the operating budget of the Beverly Public Schools. This would be the sum of the $150,000 in fuel savings that could not be realized because of the inability to convert the school boilers to dual fuel use and the $100,000 in additional appropriation that had been previously discussed with the City Council during the spring budget process. 2) The balance of $89,985 to be appropriated to the Reserve for Unforeseen where it would be available for any future needs during FY 2005. This would Increase the balance in the reserve account to $215,082. First Passage: Nov. 15, 2004 Public Hearing: Dec. 6, 2004 Final Passage: Dec. 6, 2004 9-0 Vote Order read once and adopted 196 #123 The Committee on Legal Affairs to whom was referred the matter of request for lights at the Senior Center 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 install a pedestrian stoplight in front of the Senior Center at 90 Colon Street. 9-0 Vote Order read once and adopted #279 The Committee on Legal Affairs to whom was referred the matter of Communication relative to meeting with former employees have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #323 The Committee on Legal Affairs to whom was referred the matter of Ordinance Zoning- Open Space Residential Design have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That Notice is hereby given in accordance with Massachusetts General Laws, Chapter 40A, Section 5 that the Beverly City Council and Beverly Planning Board will hold a joint public hearing on Monday, December 6, 2004 at 7:00 p.m. in the Council Chambers, Beverly City Hall, 191 Cabot Street, Beverly, MA relative to a proposed amendment to the City of Beverly Zoning Ordinance. The amendment involves the removal of Section 29-23.B. "Reduction of Lot Requirements for 'Cluster' Residential Subdivisions" and its replacement with a new "Open Space Residential Design (OSRD) Site Plan” Ordinance. The proposed amendment is on file in the Planning Department and is available for public review. 9-0 Vote Order read once and Adopted #324 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T re One Way Street deletion and obedience to isolated stop signs, Goat Hill Lane have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year two thousand and four An Ordinance Amending an ordinance Motor Vehicles and Traffic relative to One Way Street and Obedience to isolated stop signs Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 96 and Section 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by the following actions: DELETE: Sec. 14-96 One-way streets Goat Hill Lane, from Summit Avenue to Cabot Street ADD: Sec. 14-86 Obedience to isolated stop signs Goat Hill Lane, Westbound drivers on Goat Hill Lane at Cox Court. Goat Hill Lane, Westbound drivers on Goat Hill Lane at Summit Avenue. Ordinance to take effect upon passage as per City Charter 197 First Passage: Nov. 1, 2004 Final Passage: Dec. 6, 2004 9-0 Vote Order read once and held for final passage as per charter provisions #326 The Committee on Legal Affairs to whom was referred the matter of Application for Class II MVDL Generation 2000, d/b/a Donald Wood have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted with a limit of 25 Cars 9-0 Vote Order read once and adopted #337 The Committee on Legal Affairs to whom was referred the request of the Beverly Farms Merchants to hang a banner have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council approve the request of the Beverly Farms Merchants to hang a banner over West Street prior to The Christmas Boutique Event to be held on December 4, 2004 and be it further ordered that the banner be hung by a licensed rigger and that the organization be property insured. 9-0 Vote Order read once and adopted #119 The Committee on Legal Affairs to whom was referred the matter of request for mayor to use funds to relocate mural from McDonalds have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and adopted #330 The Committee on Legal Affairs to whom was referred the matter of request for subordination of Mortgage, Regan, 8 Jasper Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the attached Subordination of Mortgage for Steven and Kimberly Regan at 8 Jasper Street, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #338 The Committee on Legal Affairs to whom was referred the matter of Drainage Easement have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request of John Thomson for a discontinuance of a drainage easement as 2 Ancient Rubbly Way. 9-0 Vote Order read once and adopted 198 #305 The Committee on Public Services to whom was referred the matter of Communication from Paul Robinson relative to a water bill have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 9-0 Vote Order read once and referred back to committee #322 The Committee on Public Services to whom was referred the matter of Appointment Beverly Cultural Council Leonie Bradbury and Lindsay Smythe have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointments 9-0 Vote Order read once and Adopted #328 The Committee on Public Services to whom was referred the matter of Communication re Property Tax info on line have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Beverly City Assessor’s introduce vital building and property tax information into the internet for public access until with name eliminated they receive approval from the Beverly City Council. Amended: That the Beverly City Council endorse the idea of posting information on line with the name being omitted. 9-0 Vote Order read once and adopted #278 The Committee in the Whole to whom was referred the matter of request for second water meters have considered said matter and beg leave to report as follows, to wit: Refer to Public Services 9-0 Vote Order read once and Adopted Unfinished Business: #311 Ordinance MV & T No parking-Matthies Street Resolutions: Motions and Orders: #340 By Councilor Martin: Ordered that the following Ordinance relative to the Economic and Community Development Council be amended. That Chapter 2 entitled Administration, Article 4 Division 9 be amended as follows: DIVISION 9. ECONOMIC AND COMMUNITY DEVELOPMENT COUNCIL Sec. 2-436. I Establishment; composition and appointment. 199 There is hereby established an economic and community development council. The council shall consist of eleven (11) members. The members shall be appointed as follows: (1) Appointed ex officio; the mayor, the Director of Public Services or his designee, the planning director; and the community development director. (2) Appointed by the mayor and coterminous with the mayor; members at large one (1) each with: industrial experience, financial investment experience; commercial experience; a representative of the chamber of commerce, and two (2) members of the community. (3) The City Council shall elect, by a majority vote, a member of its own number. (4) Additional community members may be appointed by the mayor on an as needed basis to staff ad hoc committees. Members of the ad hoc committees will serve on an ex-officio (non-voting) basis. (Rev. Ords. 1973, § 2-106; Ord. No. 548, 12-6-93; Ord. No. 258, 6-1995) Cross reference-Planning, Ch. 18. State law reference-Municipal authority to establish development and industrial commission, M.G.L. c. 40, § 8A. Sec. 2-437. Purpose. The economic and community development council shall formulate, under the auspices of the mayor, a community and economic development policy. The council shall provide a vehicle for coordination and communication between all development agencies and officials, city departments, commissions and boards, and the mayor's office in order to ensure a timely governmental response to development issues, opportunities and problems. The use of ad hoc committees is allowed in that they can perform studies and make recommendations to the voting members of the economic and community development council. (Rev. Ords. 1973, § 2-107; Ord. No. 258, 6-1995) Sec. 2-438. Staff. The city planner shall provide staff assistance to the economic and community development council, as requested by that body. (Rev. Ords. 1973, § 2-108) Sec. 2-439. Election of chairman and vice chairman. The economic and community development council shall meet and organize and shall annually elect from among the members a chairman and vice chairman. (Rev. Ords. 1973, § 2-109) Refer to Legal Affairs #341 By Councilor Guanci: Ordered: That at the request of City Council Vice President William Coughlin, I would like to appoint a three member committee to look at the rules and regulations of the City Council. The committee will report back to the Council during the Council’s first meeting in January with a draft report for the entire Council to review, offer suggestions and ultimately vote on. The three member committee will be Ward Four City Councilor Kevin Hobin, Councilor at Large William Coughlin and myself, City Council President, Paul Guanci. All meetings will be posted on the City Bulletin Board and minutes of each session will be kept. Thank you all for support in this important matter. 200 9-0 Vote Order read once and adopted Meeting adjourned: 9:45 PM Frances A. Macdonald, CMC City Clerk 201