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2003-03-17 6:45 PM #84 Thomas Gale-A Resolution for Peace 7:00 PM #12 Public Hearing BHS Schematic Design $734,000 Referred to Finance and Property 7:15 PM #91 Public Hearing Mass Electric conduit in Essex Street Referred to Public Service and Aid RegulaRegular Meeting of Beverly City Council Mar. 17, 2003r Meeting of Beverly City Council Mar. 17, 2003 Roll Call : Ronald Costa, William Coughlin, Timothy Flaherty, Donald Martin, Virginia McGlynn, Roger Morency, John Murray, Maureen Troubetaris, Paul Guanci absent Pledge of Allegiance to the Flag : Led by Councilor McGlynn Appointments: Acceptance of Minutes of Previous Meeting: Meeting of March 3, 2003 Communications from His Honor the Mayor : #100 March 6, 2003 Frances Macdonald, City Clerk City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Ms. Macdonald: Pursuant to Section 3-5 of the Beverly Home Rule Charter relative to temporary appointments to city officers: I designate Robert Nelson, who is presently serving as the Assistant Building Inspector of the City of Beverly, to perform the duties of the office of Director of Municipal Inspections and the office of Building Inspector for the City of Beverly for a period of thirty days until the office can be filled by the posting of said vacancy in accordance with the Charter and the advertising of said position. I hereby certify that said person is qualified to perform the duties which will be required, and that I make this designation solely in the interests of the City of Beverly. This appointment shall take effect at 1o’clock on Friday, March 7, 2003. Very truly yours, Thomas M. Crean Mayor Receive and Place on File #101 March 17, 2003 Frances Macdonald, City Clerk City of Beverly 49 191 Cabot Street Beverly, MA 01915 Dear Ms. Macdonald: Pursuant to Section 3-5 of the Beverly Home Rule Charter relative to temporary appointments to city officers: I designate William Ambrefe, who is presently serving as the Electrical Inspector in the City of Beverly’s Municipal Inspector’s Department, to perform the duties of the office of Inspector of Wires for a period of thirty days until the office can be filled by the posting of said vacancy in accordance with the Charter and the advertising of said position. I hereby certify that said person is qualified to perform the duties which will be required, and that I make this designation solely in the interests of the City of Beverly. This appointment shall take effect at 1o’clock on Friday, March 7, 2003. Very truly yours, Thomas M. Crean Mayor Receive and Place on File #102 March 17, 2003 Beverly City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Request is hereby made for a supplemental appropriation in the amount of $190,000.00 to the current budget of the Beverly Harbor Management Authority in order to pay for float replacements and float rehabilitation at the City’s Glover Wharf commercial marinas (20410/58701). This appropriation is requested in order to make necessary repairs for the safe operation of the marina for the coming boating season. Any repairs made will be in conjunction with the recommendations of the Engineering Department of the City of Beverly from a study done last year by Vine Associates. Funding for this appropriation is available and will come from the Harbor Authority Enterprise Fund Unreserved fund balance through to (20410/49715). Very truly yours, Thomas M. Crean, Mayor Referred to Finance and Property #103 March 17, 2003 Beverly City Council City Hall Beverly, MA 01915 Dear Honorable Council: Re: Comprehensive Rezoning Committee The next crucial step in the implementation of the City’s Master Plan, which was accepted by the City and the Planning Board in 2002, is the formation of the Comprehensive Rezoning Committee. This Committee will set the agenda for major 50 revisions, and review the City’s zoning map after an initial analysis of the districts. It will report regularly to the City’s Planning Board and Mayor. Therefore, I hereby appoint, subject to your review and consideration, the following persons to serve as members of this Committee: Richard Dinkin 93 Bridge St. representing the Planning Board John Thomson 9 Thoreau Circle representing the Planning Board Scott Houseman 27 Appleton Ave. representing the Zoning Board of Appeals Wendy Frontiero 32 Abbott Street member Master Plan Steering Committee Don Preston 3 Pickett Street member Master Plan Steering Committee Robert Nelson Temporary Director of Municipal Inspections/Building Inspector Peter Gilmore City Solicitor of the City of Beverly Robert Valliere Chief of Staff representing the office of the Mayor In addition, Debra Hurlburt shall serve as an ex-officio non-voting member of the body. The City Council shall choose two members from among the City Councillors to represent the Council. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #77 March 17, 2003 Beverly City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: At the meeting of the City Council on March 3, 2003, the City Council authorized the Mayor to sign a Subordination Agreement for property located at 75 Cabot Street owned by Ms. Lauren Gauthier. The original amount of the principal listed in that subordination agreement was incorrect. Attached is the Subordination Agreement which was executed, and which reflects a principal balance in the amount of $75,500.00, instead of $74,500.00, for filing with the papers in Order #77 of March 3, 2003. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #104 March 17, 2003 Beverly City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council adopt the attached Order authorizing the City to borrow $1,900,000.00 for the purpose of financing the continuation of sewer and the laying and relaying of water mains in the Hale and West Street area of the City. Very truly yours, 51 Thomas M. Crean, Mayor Referred to Finance and Property #105 March 17, 2003 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located at 47 Sohier Road owned by the Mr. Stephen Ward. Attacked is a communication from William O’Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #106 March 17, 2003 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located at 4 Mrytle Street owned by the Mr. and Mrs. Thomas Schaltz. Attacked is a communication from William O’Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #107 March 17, 2003 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located 97 Bisson Street owned by the Mr. and Mrs. Joseph Amore. Attacked is a communication from William O’Hare, Community Development Manager, concerning this request. 52 Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #108 March 17, 2003 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located at 27 ½ Wellman Street owned by the Mr. Stephen Mario. Attacked is a communication from William O’Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #109 March 17, 2003 Beverly City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I enclose for your information a copy of the resignation of Mr. Bruce M. Doig, 41 Pratt Avenue, Beverly, MA as a member of the Beverly Recreation Commission, which letter is dated March 1, 2003. Very truly yours, Thomas M. Crean, Mayor Receive and Place on File #110 Late File March 17, 2003 Beverly City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and consideration, Mr. Ian Hayes, 2 Brookhead Ave. to serve as a member of the Conservation Commission. He will be taking the place of Jon Mazuy. His term will expire on June 30, 2003. Very truly yours, Thomas M. Crean, Mayor 53 Referred to Legal Affairs and Accounts Communicationsfrom other City Officers and Boards #111 March 5, 2003 Mayor Thomas Crean 191 Cabot Street Beverly, MA 01915 RE: Employment De Honorable Mayor and City Council: I, Timothy P. Brennan, hereby tender my resignation as the Director of Municipal Inspections effective at One PM on Friday, March 7, 2003. AT this time I would like to thank the City Council and the citizenry of this municipality for allowing me to serve them in this capacity for the past nine years. In closing, I wish them “Good Luck and God’s speed”. Very truly yours, Timothy P. Brennan Building Commissioner Receive and Place on File Communications, Applications and Petitions: #112 Communication from the Beverly Chamber of Commerce and the Beverly Main Streets, Inc. request for public funding for both organizations Referred to Finance and Property #113 Beverly Farms-Prides Crossing 4 of July Committee request to hang banner over West th Street Referred to Legal Affairs and Accounts #114 Claim- Kimberly Mooney-McNulty, 4 Boxwood Lane hit Pothole Receive and Place on File Refer to City Solicitor #115 Late File Communication from Scott Houseman re Bass Haven Yacht Club Referred to Legal Affairs and Accounts Reports from Committees : 54 #11 The Committee on Finance and Property to whom was referred the matter of Loan Order for Beverly High School have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #71 The Committee on Finance and Property to whom was referred the matter of Request for account to be established for dog licenses and fines have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #74 The Committee on Finance and Property to whom was referred the matter of Comm from Fire Chief re Permit and Fees charged by Fire Prevention 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 enclosed Beverly Fire Department Permit and Inspection Fees. Beverly Fire Department permit and inspection fees Current fee Proposed fee general permits $10.00 $25.00 re-issue of permits $10.00 $10.00 copy of fire report $5.00 $10.00 tank truck inspection $10.00 $25.00 fireworks display $25.00 $25.00 theatre inspections $10.00 $25.00 day care inspections $10.00 $25.00 fuel oil storage $10.00 $25.00 on-site inspections $10.00 $25.00 hospital inspections $25.00 $50.00 nursing home inspections $25.00 $50.00 rooming or lodging home inspection $25.00 $50.00 group home inspection $25.00 $50.00 install/remove underground storage tank(commercial) $25.00 $50.00 install/remove underground storage tank (private residence) $10.00 $25.00 Smoke detector inspection (26F) single family or condo $20.00 $25.00 Smoke detector inspection (26F) two-family $30.00 $50.00 Smoke detector inspection (26F) three-family $40.00 $75.00 Smoke detector inspection (26F) 4-6 units $50.00 $100.00 Smoke detector inspection (26F) over 6 units $100.00 $150.00 21-E search and segregation $22.50 $25.00 Review of plans and/or blueprints (under 7,500 sq, ft.) $25.00 $25.00 Review of plans and/or blueprints (7,500 - 49,000 sq. ft.) $50.00 $50.00 Review of plans and/or blueprints ( 50,000 - 99,000 sq, ft.) $75.00 $100.00 55 Review of plans and/or blueprints (over 100,000 sq. ft.) $100.00 $150.00 inspection of kitchen suppression systems $25.00 $25.00 inspection and certificate of occupancy for fire alarm and sprinkler systems(commercial ) under 7,500 sq. ft. $25.00 $50.00 7,500 - 49,000 sq. ft. $50.00 $100.00 49,000 - 99,000 sq. ft. $100.00 $150.00 over 100,000 sq. ft. $150.00 $200.00 8-0 Vote Order read once and adopted #77 The Committee on Finance and Property to whom was referred the matter of correction of balance on Subordination have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That order #77 of the City Council be amended to read $75,500 instead of $74,500 pas per the request of Mayor Crean. 8-0 Vote Order read once and adopted #97 The Committee on Finance and Property to whom was referred the matter of declaring Airport land as surplus have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #102 The Committee on Finance and Property to whom was referred the matter of Appropriation, Beverly Harbor Management Authority have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, April 7, 2003 at 7:50 PM in Council Chamber, 131 Cabot Street, Beverly, MA relative to the appropriation to account in the amount of $190,000 (One Hundred Ninety Thousand) Dollars in order to pay for float replacement and float rehabilitation at the City’s Glover Wharf commercial marina. Said funding is available and will come from the Harbor Authority Enterprise Fund balance. First Passage: March 17, 2003 Public Hearing: April 7, 2003 Final Passage: April 7, 2003 8-0 Vote Order read once and adopted #104 The Committee on Finance and Property to whom was referred the matter of a Loan Order in the amount of $1,900,000 have considered said matter and beg leave to report as follows, to wit: Ordered: That the City Council of the City of Beverly hold a Public Hearing on Monday, April 7, 2003 at 7:50 PM in Council Chamber, 191 Cabot Street, Beverly relative to the enclosed Loan order in the amount of $1,900,000.00 One million, nine hundred thousand 56 Dollars for the purpose of financing the continuation of sewer and the laying and relaying of water mains in the Hale and West Street area of the City. First Passage: March 17, 2003 Public Hearing: April 7, 2003 Final Passage: April 7, 2003 8-0 Vote Order read once and adopted #63 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Second Hand Junk Dealers License Videlicet Versatility Boutique have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted 8-0 Vote Order read once and adopted #64 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Design Review Board Jane Brusca have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment 8-0 Vote Order read once and adopted #79 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Pawnbrokers 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 three An Ordinance amending an ordinance entitled Licenses and Business Regulations, Article VI, Pawnbrokers Be it ordained by the City Council of the City of Beverly as follows: That Chapter 12, Article VI, PAWNBROKER of the Revised Ordinances of the City of Beverly 1989, be, and the same is hereby amended as follows: DELETE Sec. 12-144 Books to be kept in its entirety and substitute a new Sec. 12-144 to read as follows: “Sec. 12-144. Books and records to be maintained; retention of articles. Every person licensed to carry on the business of pawnbroker shall keep a book at his place of business, in which he shall, at the time of making a loan, enter in the English language a detailed description of every article purchased or taken in pawn at the time of receiving it, particularly describing any prominent or descriptive marks, and the name, age, and residence (by street and number) of the person from whom, and the day and hour when, he purchased it, and the amount paid therefore or loaned thereon including the monthly interest rate for such loan, and the number of the pawn ticket. Every pawnbroker shall photograph any person pawning or pledging articles and shall keep such photographs with said books as part of his records. Articles deposited in pawn with a licensed pawnbroker shall, unless redeemed, be retained by him on the premises in accordance with G. L. Chapter 140 §71.” 57 Add a new Sec. 12-147 as follows: “Sec. 12-147. Maximum rates of interest; extra charges prohibited. Licensed pawnbrokers may charge no more than the following rates of interest: (a) For loans up to and including twenty-five dollars ($25), five percent a month (and each fraction thereof at the same rate). (b) For loans over twenty-five dollars ($25), three percent a month (and each fraction thereof at the same rate). No such pawnbrokers shall charge or receive any greater rate of interest and interest shall be determined on the precise sum advanced by the lender. No pawnbroker shall make or receive any extra charge or fee for storage, care of safekeeping of any goods, articles or thing pawned with him.” Add a new Section 12-148 to read as follows: “Sec. 12-148. Firearms. No pawnbroker shall loan money secured by deposit or pledge of a firearm, rifle, shotgun or machine gun. No pawnbroker shall hold a license to sell, rent, or lease a firearm, rifles, shotguns, or machine guns.” Add a new Section 12-149 to read as follows: “Sec. 12-149. Stolen Property. If any goods or articles pawned or pledged and in the possession of a pawnbroker are subsequently determined to be stolen property by a member of the Beverly or State Police Department, or if the rightful owner identifies property in the possession of a pawnbroker and the property so identified is confirmed to be stolen goods by a member of the Beverly or State Police Department, upon direction by the Beverly or State Police Department, said property shall be forthwith returned to the rightful owner or delivered to such member of the Beverly or State Police Department at no cost to such owner.” First Passage: March 17, 2003 Final Passage: April 7, 2003 8-0 Vote Ordinance read once and held for final passage as per Charter Provisions #81 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from City Solicitor re pending and settled litigation have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #84 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic re No Parking Garden Street 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 Three 58 An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re NO Parking This Side, Garden Street Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Garden Street, easterly side, from Woodland Avenue to end. ADD: This ordinance to take effect upon passage according to City Charter First Passage: March 17, 2003 Final Passage: April 7, 2003 8-0 Vote Ordinance read once and held for final passage as per charter provisions #86 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Class II MVDL International Motors have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted 8-0 Vote Order read once and adopted #92 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application Class II MVDL Bridgeside Cycles have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted 8-0 Vote Order read once and adopted #105 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement for Stephen Ward, 47 Sohier Road 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 AGREEMENT for Stephen Ward, 47 Sohier Road , as per the attached communication from Community Development manager William O’Hare 8-0 Vote Order read once and adopted #106 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement for Thomas Schatz, 4 Myrtle 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 AGREEMENT for Thomas Schatz, 4 Myrtle Street, as per the attached communication from Community Development manager William O’Hare 8-0 Vote Order read once and adopted 59 #107 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement for Joseph Amore, 97 Bisson 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 AGREEMENT for Joseph Amore, 97 Bisson Street, as per the attached communication from Community Development manager William O’Hare 8-0 Vote Order read once and adopted #108 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement for Stephen Mario, 27 ½ Wellman 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 AGREEMENT for Stephen Mario, 27 ½ Wellman Street , as per the attached communication from Community Development manager William O’Hare 8-0 Vote Order read once and adopted #113 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request to hang banner over West Street 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-Prides Crossing 4 of July Committee to hang a banner over West Street prior to an April 5 event, and thth be it further ordered that the banner be hung by a licensed rigger and that the organization be property insured. 8-0 Vote Order read once and adopted #61 The Committee on Public Service and Aid to whom was referred the matter of Petition of Verizon for Conduit in Elliott Street have considered said matter and beg leave to report as follows, to wit; Recommend the petition be granted 8-0 Vote Order read once and adopted #76 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Planning Board-William Betts have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment 8-0 Vote Order read once and adopted 60 #91 The Committee on Public Service and Aid to whom was referred the matter of petition of Mass Electric for a conduit and UG Equipment in Essex Street have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted 8-0 Vote Order read once and adopted #94 The Committee on Public Service and Aid to whom was referred the matter of Resolution for City of Peace have considered said matter and beg leave to report as follows, to wit: Referred to Committee of the Whole Amended to read Receive and Place on File 8-0 Vote Order read once and adopted #98 The Committee on Public Service and Aid to whom was referred the matter of request for study of Beverly Police Department have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #99 The Committee on Public Service and Aid to whom was referred the matter of communication for repair of Kittredge Crossing have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted Unfinished Business: #58 Ordinance MV & T-No Parking Highland Ave. Motions and Orders: #116 By Councilor Costa Ordered: That the Animal Control Department becomes a line item in the budget. That the Director of Finance develop a definitive method of tracking cash flow associated with licensing fee's and animal penalty fee's etc. That the income and expenses be broken down into categories so that the City Council can make recommendations to cover the costs in the animal control department. Referred to Finance and Property #117 By Councilor Morency: Ordered: That a crosswalk be provided at the intersection of Blake and McKay streets to replaced the one removed at the intersection of McKay and Glidden 61 Referred to Public Service and Aid Meeting adjourned: 10:10 PM Frances A. Macdonald, CMC City Clerk 62