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2004-05-177:50 PM #161 Public Hearing-Zoning Ordinance Changes Refer to Legal Affairs and Planning Board 7:58 PM #171 Public Hearing-Mass Electric pole relocation-Coolidge Ave. Refer to Public Services Regular Meeting of Beverly City Council 8:00 PM May 17, Regular Meeting of Beverly City Council 8:00 PM May 17, 20042004 Roll Call : Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy Flaherty, Kevin Hobin, Donald Martin, Paul Guanci. Councilors Grimes and Troubetaris were absent. Pledge of Allegiance to the Flag : Led by Councilor Martin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of May 3, 2004 Communications from His Honor the Mayor : #189 May 17, 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 owned by Wayne and Elaine Jalbert at 32 Federal Street as per the attached communication from William O’Hare, Community Development Manager. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #190 May 17, 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 owned by Steven Warren at 30 Charnock Street as per the attached communication from William O’Hare, Community Development Manager. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property 90 #191 May 17, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Payments made to certain individuals earlier this year as a result of the change in government have put a number of salary accounts in an over budget condition. The transfers as outlined in the attached memo from Finance Director John Dunn are needed to balance these accounts. Please initiate appropriate action to allow these transfers to be made. Very truly yours, William F. Scanlon, Jr., Mayor Mayor 11211 51102 $1,741.58 8 $13,932.64 $ 6,966.66 Mayor's Secretary 11211 51127 $ 866.59 8 $ 6,932.72 $ 4,333.27 Admin Assistant 11211 52230 $ - 8 $ - $24,230.65 ERI 11211 51512 $ - 8 $ - $ 5,889.35 Reserve fro 11324 57820 Unforeseen Finance Director 11351 51105 $1,519.23 8 $12,153.84 $ 4,027.22 Solicitor 11511 51105 $1,519.23 8 $12,153.84 $ 9,115.42 Procurement Officer 11521 51611 $1,211.63 8 $ 9,693.04 $ 7,386.17 HR Director 11531 51105 $1,153.85 8 $ 9,230.80 $ 3,986.97 Administrator 11531 51115 $ - 8 $ - $ 7,791.62 Planner 11751 51105 $1,317.30 8 $10,538.40 $ 3,801.75 FISCAL 2004 SALARY TRANSFERS TO Mayor 11211 51102 $ 6,965.98 Mayor's Secretary 11211 51127 $ 2,599.45 Finance Director 11351 51105 $ 6,626.62 Solicitor 11511 51105 $ 3,038.42 Procurement Officer 11521 51611 $ 2,306.87 HR Director 11531 51105 $ 5,243.83 Planner 11751 51105 $ 6,736.65 TOTAL $33,517.82 FROM Admin Assistant 11211 52230 $16,760.10 Early Retirement 11211 51512 $ 4,389.35 Reserve fro Unforseen 11324 57820 $ 4,576.75 HR Administrator 11531 51115 $ 7,791.62 TOTAL $33,517.82 91 Refer to Finance and Property #192 May 17, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Attached please find the Capital Expenditure Plan for the period FY 2005-2009. This document supersedes the partial plan recently given to you. That document should be destroyed. I look forward to discussing this Plan with you. Perhaps after the operating budget discussions have been completed, we can focus in some depth on the Capital Expenditure Plan. We expect the operating budget will be in your hands by May 27. Very truly yours, William F. Scanlon, Jr., Mayor CAPITAL EXPENDITURE PLAN – 2005-2009 INTRODUCTION In addressing the task of developing a Capital Expenditure Plan for the City for the next five years, one must be struck by the economic realities and uncertainty facing us. Our needs are quite clear but our available resources are much less clear. The reality of continually downsizing municipal government is upon us. The need to force fit our cost increases to match our revenue increases is now obvious to most but this process is far from complete. As a community, we devote the largest amount of our resources to our schools. Most people agree with this approach in that our children are our future, and of course, those of us who are parents are especially driven to provide the best education possible for our children. As I write this document, we are struggling to find ways to balance the 2005 operating budget. Thus while I have chosen to discuss a number of needed capital expenditures, I have chosen to select only a very few for action. 1. – Manpower in this important department has been reduced. The Fire Safety city now consistently staffs only three vehicles, one in each of three locations. The vehicle in Beverly Farms is an engine (pumper) now fifteen years old. That vehicle should be replaced this coming year at a cost of $350,000 for increased reliability. At this time as we look into the future while “Ladder One” will be kept in running order, it will not be staffed on a continuous basis but be available for backup. (See discussion under Public Safety Facilities.) – The probationary status of our High School is particularly troubling to High School many of us. In this document I am planning a $7,000,000 Capital Expenditure to be commenced on July 1, 2006 to make the necessary short-term improvements. There has been, however, discussion aimed at eliminating the short-term improvements and going directly to the long-term solution that would cost more but be subject to SBAB reimbursement. Until we get feedback from the accreditation agency, confirming the agency’s reaction to our proposals, it is impossible to be definitive about our plans. The longer-term project would have a cost which I will estimate for purposes of this discussion at $40,000,000 with an expected SBA participation of 50%. This approach could conceivably be implemented as of July 1, 2006 when the TIF (Tax Increment Financing) Agreement with Cummings expires and full taxation of the entire value at that site commences. 2. – The City agreed some years ago with the MA Landfill Monitoring Department of Environmental Protection to conduct annual investigations of the quality of the surface and ground water runoff from the Brimbal Avenue Landfill as part of the landfill-closing project. 3. – Our police station is in deplorable condition. Our Public Safety Facilities central fire station is badly located in terms of response times. The North 92 Beverly Fire Station is badly run down. Everything points to Beverly not being able to afford more than three fire stations each with a continuously manned vehicle (24 x 7). -3- If we accept, as I do personally, that the most important criterion for station location is response time given that the first objective of the firefighters is the saving of lives, then both Central Station and the North Beverly station are improperly located. Central is far too close to the ocean. North Beverly is too distant from Centerville. A plan written by former Fire Chief Palmer called for relocating Central Station near Innocenti Park. The plan I put forward earlier would reduce the longest response time from about 9 minutes to about 6 minutes. That plan called for a station at the Brimbal Avenue cloverleaf on land to be given to the City by the Sate. (The State had previously agreed.) It also called for a joint public safety facility on a 2-acre site at Cummings Center and land belonging to the City – but only if that land is used for Public Safety purposes. We are in possession of detailed plans, one calling for a combined Public Safety Facility at Cummings, the other for a stand along facility at that site. Naturally anytime a fire station is moved, some response times improve while others worsen. The idea put forward had the advantage of lowering the worst times and lowering the average time but response times for homes close to existing stations would increase. There is time for further debate on this subject. We do not have the financial capacity to build new stations today. Hopefully, everyone will participate in this debate as if he/she were the Mayor. At this time the plan shows no expenditure of funds for these purposes. To add some dimension to the discussion, the following may be relevant. A joint public safety facility (police and fire headquarters) with combined · civilian dispatch located at Cummings Center on two acres owned by the city would cost an estimated $15,000,000. A stand-alone police station at Cummings Center with joint civilian · dispatch is estimated at $11,000,000. A stand along fire station at Cummings Center has not been cost · estimated at this time. A stand-alone fire station at the Brimbal Avenue cloverleaf on land · donated by the State would cost an estimated $2,000,000. The practicality of, and cost of, converting the McKay School to a police · station has not yet been estimated. The ability of one middle school to handle the City’s entire student · population’s needs has not been established nor costed. We rent space for some Police and all Building Inspection related · functions. Should we invest in an artificial surface field? · Should Hurd Stadium activities be moved to the High School athletic · fields? Will the present rate of declining school enrollment continue? · Answers (estimates) to these various questions will be a priority early in the new fiscal year. 4. – It is anticipated that improvements will be made to Lothrop Lothrop Street Street including paving and sub-surface utilities improvements. Surface improvements will be made using Chapter 90 Funds. 5. – We are close to recommending a project to utilize the Oil Heat at Schools dual fuel capability at our elementary schools and high school. Very recent analysis shows that a payback of just over two years can be achieved because the price of natural gas has risen so high. Savings from the elementary schools plus the High School are estimated at $150,000 annually. The cost to implement these changes is estimated at $455,000. Funds exist at this time for this purpose. 6. – In the past two years all work Environmental Concerns Near Airport aimed at cleaning up there open pollution question has been put on hold. The cost to complete these efforts is under investigation. WATER & SEWER Water Meters These needs are funded through our water and sewer rates. The City of Beverly has now installed all new remotely readable meters in all buildings throughout the city and this project is no longer on our list. - $100,000 is budgeted each year to replace aging equipment Departmental Equipment – Beverly has 162 miles of water mains beneath the surface of Main Line Replacement the ground which bring water to the vicinity of all the homes and businesses throughout 93 the city. Many of these mains are over 50 years old, and some are as much as 100 years old. No regular replacements or cleaning and lining programs have been regularly implemented. It is expected that over the next ten years we must replace some 25% of the mains in the City (approximately 40 miles). This translates into 4 miles of water main per year. Cost will depend on the size of the main in question (diameter) as well as the depth of burial of the pipe and the proximity of other utilities. The project to replace the Lothrop Street water main from Water Street to Hale Street is a prime example. The existing main of 4-inch and 6-inch cast iron pipe was installed more that 100 years ago. The new 12-inch cement lined ductile iron pipe will serve as an essential part of our water distribution framework for downtown Beverly. Residences along this road will be serviced by a temporary surface line during the construction period. Another large specific project is the need for 5,500 feet (about one mile) of a new 12- inch main on Sohier Road, Herrick Street and Tozer Road. This line would reinforce the water system around the High School and the hospital, at a cost of approximately $1,000,000. The sum of $2,000,000 has been budgeted annually to replace these lines. – It is very desirable to loop water service to all sections of the City to allow Back Feeding back feeding of water in the event of an outage. In other words we can feed water to any location from either up the street or down the street in a system that is looped. We have identified that approximately 25,000 feet (5 miles) of 8-inch lines will be required to improve our back feeding capabilities at a cost of approximately $2,000,000 budgeted annually over five years. – We have identified the need to replace approximately 200 gate Valve Replacements valves throughout the City and the need to add approximately 50 additional valves in order to limit the impact of an outage. The total cost is projected to cost $1,500,000 spread equally over five years. – Work on this project now nearly complete. Expenditure of $50,000 in Hydraulic Model FY 2005 should bring project to successful closure. – We have also determined that we must add hydrants to Hydrant Replacements unprotected locations and replace a number of hydrants that lack control gates. Presently Beverly has approximately 1100 hydrants. We expect to need to replace or add approximately 110 hydrants to improve protection and to ensure effective flow from each hydrant at a cost of $250,000 spread over the next two years. Sewer The City of Beverly provides sanitary sewer service to 97% of the homes in the City with the effluent traveling to the SESD plant for treatment. Our objective is to improve this service level to close to 100%. Two remaining significant areas where sewers are being installed are: Hale and West Street with an appropriation of $1,900,000 and Cross Lane and Boyles Street with an appropriation of $1,300,000. These projects are currently in progress. Raymond Farms This project will be administered by SESD and funded through SESD. It has been approved for partial SRF (State Revolving Fund), which allows the money to be borrowed at zero interest, a highly advantageous situation. This project is the next major sewer project in Beverly. The project calls for sanitary sewer and drainage improvements in the Raymond Farms area. The project will allow homeowners plagued by flooding to pump these waters into a new drainage system relieving the sanitary sewer line into which the water is currently pumped. The project will reduce flooding concerns and add to the sanitary sewer capacity in the area. The 18-inch diameter sewer in Balch Street will also be relined with a cured-in place polypropylene liner under this contract. This project will be carried financially at SESD and its cost will be reflected in our assessments. The construction cost is estimated at $4,000,000. Stormwater Program The City submitted to EPA and DEP a Stormwater Management Plan as mandated by EPA on July 30, 2004. The Plan specifics a series of goals aimed at reducing pollution from the City’s stormwater drainage system over a 5-year period. The City received a $750,000 SRL loan that is being used to finance the initial phase of the Plan and develop a comprehensive GIS database. Specific items: Comprehensive map of infrastructure features like fire hydrants, catch basins, · manholes and planimetric data layers like street pavement, edge of pavement, building footprints and other features Two Foot contour lines · Creation of digital orthophotos from aerial photography · Inspection of stormwater assets including open cover inspection and developing · a comprehensive stormwater sewer system. 94 Development of sanitary sewer system in GIS format from aerial photography and · paper records. Dry weather screening of outfalls, ranking of any outfalls that show evidence of · contamination and sampling as required. The project is about 2/3 complete as of the end of fiscal 2004. The end of 2005 will Conclude the data collection phase of the project. Depending on the testing phase there may be additional capital funds required for correction of illicit connections. The plan should include $20K in fiscal 2005 and 25K for subject years. In addition a 4’ diameter drainage line needs to be installed along much of Tozer Road from Walden Street south running approximately 3,000 feet in order to help restrain drainage problems in Ward 5. This project will be designed fin FY 2006 with construction expected fin FY 2007. We will continue to assess the need for additional drainage projects throughout the City. The Chubbs Brook Drainage Improvements project is the last one of three major drainage projects undertaken recently by the City. This project is under construction and has an apriation of $1,945,000 of which approximately $500,000 has been expended. WATER AND SEWER FUNDS CAPITAL EXPENDITURE PLAN PROJECT EXPENDITURES BY FISCAL YEAR PROJECT 2005 2006 2007 2008 2009 Departmental Equipment 100,000 100,000 100,000 100,000 100,000 Main Line Replacement 2,000,000 2,000,000 2,000,000 2,000,000 2,000,000 Back Feeding 400,000 400,000 400,000 400,000 400,000 Valve Replacements 300,000 300,000 300,000 300,000 300,000 Hydraulic Model 50,000 Hydrant Improvements 125,000 125,000 Hale and West Street Sewer 1,000,000 600,000 Cross Lane/Boyle Street Sewer 1,000,000 250,000 Stormwater Phase II 150,000 Chubbs Brook Drain l,000,000 495,000 Total 6,125,000 4,270,000 2,800,000 2,800,000 2,800,000 Refer to Finance and Property #193 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As part of the process of preparing the revenue projections within next year’s operating budget we have reviewed the fees charged by a number of different city departments for appropriateness and competitiveness. Attached are schedules of fees related to the Building Department and the Engineering Department. Also included is a schedule relating to parking fees and violations. As you know, parking related revenues do not become part of the General Fund. By this letter I hereby request that your Honorable Council accept Massachusetts General Laws Chapter 40 Section 22F which is a local option law relating to fee increases. 95 Lastly, I request that you raise the fees for Municipal Lien Certificates from $25 to $50 each at this time as the first change following passage of the Chapter 40 Section 22F local option. Very truly yours, William F. Scanlon, Jr., Mayor Referred to Finance and Property #194 May 17, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and confirmation, Mr. Philip Cleversey, 535 Essex Street, Beverly, MA 01915, as a Constable in the City of Beverly for the sole purpose of serving Civil Process. His term will be effective until June 1, 2007. Attached is Mr. Cleversey’s letter of reapplication which has been approved by Police Chief John Cassola. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from other City Officers and Boards #195 May 12, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Honorable Council The City of Beverly has not had a parking ticket fee increase for quite some time. We are proposing the following increases: 1. Add $50.00 violations for a violation of # 1, within 10’ of a hydrant and # 4, fire lane, these two fines are presently $15.00. 2. Create a $25.00 violation section for a violation of # 6, prohibited area/tow zone, this violation is presently a $15.00 fine. Tow zones are established for safety reasons. 3. Change the following $10.00 violations to $15.00 violations. a. # 13, on crosswalk or sidewalk b. # 23, loading zone We believe these changes will help to enforce the seriousness of these major parking violations and will be a deterrent to repeat violators. Respectfully submitted, Sgt. Dennis O. Tarsook, Traffic Sergeant/Safety Officer Refer to Finance and Property 96 #196 May 12, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Please take the necessary action to amend, change or update the following City of Beverly Revised Ordinances. This will clean up the old, outdated or add the new proposals we are requesting. Sec. 14-161. Thirty-minute parking meter zones. ( Delete in its entirety, replace Sec. 14-161. Thirty-minute parking meter zones. with:) (a) (a) No person shall park a vehicle for a period of time longer than one-half hour, between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday, on streets designated in this subsection. This restriction shall not apply on Sundays or legal holidays. Cabot Street, westerly side, from Wallis St to fifty-eight (58) feet southerly. Wallis Street, both sides, from Cabot Streetfifty-eight (58) feet westerly. (b) (b) The fee for the parking, under this section, shall be twenty- five cents ($0.25) for the 30-minute parking. Sec. 14-162. All-day parking meters. ( Delete (2) in its entirety, replace with:) (1) Locations. a. MPL-A, rear of the Dollar Store, 50 all-day meters. b. MPL-a, corner of Chapman & Federal Sts., 13 all-day meters. c. MPL-C, rear Beverly Cooperative Bank, 43 all-day meters. d. MPL-F, Washington St., rear of BMFCU, 16 all-day meters. e. MPL-G, corner of Hale & Briscoe Sts., 11 all-day meters. f. Federal St., Opposite St. Mary’s School, 6 all-day meters g. Rantoul St., from #302 to #324 Rantoul St., 7 all-day meters a. The fee for the maximum parking time under Fees. this section shall be at the rate of fifty cents ($0.50) per four-hour period, with a maximum of one-dollar and fifty cents ($1.50) for the twelve (12) hours. b. Monday through Saturday, Hours of Operation. 9:00 a.m. to 5:00 p.m. Sundays and holidays are free. Sec. 14-163. One-hour parking meter zones. (Delete in its entirety, replace with) (a) No person shall park a vehicle for a period of time longer than one (1) hour, between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday. Sundays and holidays are free. a. Briscoe Street, in front of Barrister’s Hall, 5 spaces b. Cabot Street, at # 296 Cabot Street, 1 space (b) The fee for parking under this section shall be at the rate of fifty cents ($0.50) per hour with a one-hour maximum parking limit. Sec. 14-164. Two-hour parking meter zones. Change (a) language to read: (a) No person shall park a vehicle for a period of time longer than two (2) hours, between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday on the below listed streets. Sunday and holidays are free. Retain street addresses from old ordinance. (b) The fee for parking under this section shall be at the rate of twenty- five ($0.25) cents per hour with a two-hour maximum parking limit. 97 (c) ( Delete in its entirety and replace with:) (c) MPL-A, 37 two-hour meters MPL-C, 62 two-hour meters MPL-F, 29 two-hour meters MPL-G, 11 two-hour meters (d) The fee for parking under this section shall be at a rate of fifty cents ($0.50) per hour. Sec. 14-165. Off-street parking meter zones. (Delete in its entirety.) Sec. 14-166. Establishment and marking of spaces. Retain Sec. 14-167. Regulations as to use of spaces and meters generally. Retain Sec. 14-168. Commercial vehicles. Retain Sec. 14-169. Enforcement of division. Retain and ADD: (a) Civilian Parking Meter Enforcement Officers may enforce all parking regulation within the City of Beverly. Respectfully submitted, Sgt. Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #197 May 7, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: SCHOOL ZONE, 20MPH SPEED LIMIT, WHEN CHILDREN ARE PRESENT The state allows cities and towns to post areas that directly abut schools as a School Zone, Speed Limit 20 MPH, when Children are Present. We have 3 locations that need this posting to remind drivers they are in school zones. Please take the necessary actions to make the following areas School Zones, 20 MPH Speed Limit, When Children are present, 1. Standley Street, at the Waring School 2. Kittredge Street, at Beverly High School 3. Russell Street, at Beverly High School Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #198 May 7, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 98 Dear Councilors, Re: Neighborhood meeting Mechanic Street Councilor Burke and myself recently had a neighborhood meeting with residents of Mechanic Street, the section between West Dane & Roundy Sts., to discuss some of their concerns. The residents were unanimous in their support to make this section of Mechanic Street one-way, in a northerly direction, because the street is narrow and the other section of Mechanic Street is already one-way in the same direction. Please take the necessary action to add Chapter 14, Section 96 as listed; Mechanic Street, from West Dane Street to Roundy Street, traffic to ADD: c14, s 96: proceed northerly. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #199 May 12, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: 2-hour parking, neighborhood streets in area of Beverly High School We have been working with Councilor Burke and the residents of Jordan St., Snell Road and Tudor Road to try to get some relief from the all-day parking by High School students. We have had meetings and set-up temporary parking zones and we have agreed to post the below listed streets 2-hour parking, 7:00 a.m. to 12 noon, Monday through Friday, from September to June. Please take the necessary action to add Chapter 14, Section 126 (e) as follows: ADD: Sec. 14-126. Two-hour parking (e) No person shall park a vehicle for longer than two (2) hours, between the (e) hours of 7:00 a.m. and 12 noon, Monday through Friday, from September to June, on the following streets: Jordan Street, westerly side, from Russell St. to #35 Jordan St. Snell Road, both sides, entire length. Tudor Road, northerly side, entire length. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #200 Honorable City Councilors RE: Animal Ordinances I am requesting your approval to form a seven member committee to review the cities animal ordinances. After almost two years of service in this community I see the need to update the current dog ordinance and also address cat, ferret, livestock and even wildlife issues. As an example, often when I have had to deal with the issue of barking dogs, I am asked to clarify what constitutes a nuisance. The ordinance now reads (Sec 4-46) (6) for repeatedly causing a nuisance, such as, but not limited to barking or lettering. I believe there should be set hours of when dogs should be let outside and 99 stated durations of barking that are considered barking. Also, the growing problem of dangerous dogs needs to be addressed. I believe that a group meeting two hours a week for four to six sessions could make recommendations to this council to solve such issues. Respectfully James Lindley, Animal Services Officer/Animal Health Inspector Refer to Legal Affairs Communications, Applications and Petitions: #201 Communication from Cummings Foundation relative to Scholarship Winners 7-0 Vote Receive and Place on File #202 Application for One Day Auctioneers License-United Rug Auctioneers Refer to Legal Affairs #203 Application for Class Two MVDL-Todd’s Automotive Repair Service, 29R West Street Refer to Legal Affairs #204 Communication from BEVCAM relative to clarification of broadcasts. Refer to Legal Affairs #205 Comm. from TEC Associates re Massachusetts Bay Commuter Railroad 2004 Vegetation Control Program Receive and Place on File #206 Comm. from Wenham Lake Technical Advisory Committee re Update Vitale Fly Ash Consolidation and Habitat Restoration Project Refer to Public Services #207 Comm. from Budget Management Analyst Kathy Griffin relative to Proposed Trash Fee Refer to Legal Affairs Reports from Committees : #66/153 The Committee on Finance and Property to whom was referred the matter of discussion with Mayor re Beverly Golf and Tennis have considered said matter and beg leave to report as follows, to wit: 100 Receive and Place on File 7-0 Vote Order read once and adopted #183 The Committee on Finance and Property to whom was referred the matter of Summary Statement FY04/05 operating Budget have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 7-0 Vote Order read once and adopted #191 The Committee on Finance and Property to whom was referred the matter of Transfers relative to Salary Accounts 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, June 7, 2004 at 6:50 PM, in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to the enclosed list of transfers to salary accounts. TO Mayor 11211 51102 $6,965.98 Mayor’s Secretary 11211 51127 $2,599.45 Finance Director 11351 51105 $6,626.62 Solicitor 11511 51105 $3,038.42 Procurement Officer 11521 51611 $2,306.87 HR Director 11531 51105 $5,243.83 Planner 11751 51105 $6,736.65 TOTAL $33,517.82 FROM Admin. Assistant 11211 52230 $16,760.10 Early Retirement 11211 51512 $ 4,389.35 Reserve Unforeseen 11324 57820 $ 4,576.75 HR Administrator 11531 51115 $ 7,791.62 TOTAL $33,517.82 First Passage: May 17, 2004 Public Hearing: June 7, 2004 Final Passage June 7, 2004 7-0 Vote Order read once and adopted #189 The Committee on Finance and Property to whom was referred the matter of Subordination of Mortgage, Jalbert, 32 Federal 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 Wayne and Elaine Jalbert for property at 32 Federal Street, as per the attached communication from Community Development manager William O’Hare. 7-0 Vote Order read once and adopted 101 #190 The Committee on Finance and Property to whom was referred the matter of Subordination of Mortgage, Warren, 30 Charnock 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 Steve Warren for property at 30 Charnock Street, as per the attached communication from Community Development manager William O’Hare. 7-0 Vote Order read once and adopted #98 The Committee on Legal Affairs to whom was referred the matter of Request for acquisition of property have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 7-0 Vote Order read once and adopted #129 The Committee on Legal Affairs to whom was referred the reappointment to the Conservation Commission-Ian Hayes and Anthony Paluzzi have considered said mater and beg leave to report as follows, to wit: Recommend the Council approve the appointments 7-0 Vote Order read once and adopted #174 The Committee on Legal Affairs to whom was referred the matter of request to use city property for dumpster have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That Keith Musinski, 12 Woodland Ave. be granted permission to put a dumpster on City property for a period of Three Weeks, from May 21 to June 11,provided it is property insured. 7-0 Vote Order read once and adopted #175 The Committee on Legal Affairs to whom was referred the matter of request for permission for Roof Overhang, 13 Elliott St. 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 grant permission for Waters and Brown, at 13 Elliott Street, Beverly, MA for a roof overhang in accordance with Section 15-19 signs, awnings, etc. as per the request of Winter Street Architects, Inc. 7-0 Vote Order read once and adopted 102 #176 The Committee on Legal Affairs to whom was referred the matter of Application Fortune Tellers License-Cindy Mitchell, 11 Railroad Ave. have considered said matter and beg leave to report as follows, to wit: Recommend the License be granted 9-0 Vote Order read once and Adopted #177 The Committee on Legal Affairs to whom was referred the matter of request for waiver of Junk Car Ordinance, 28 Windsor Road have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 7-0 Vote Order read once and adopted #182 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Carrying of Certain Weapons have considered said matter and beg leave to report as follows, to Wit: Submit the accompanying amended ordinance and recommend its adoption In the year two thousand and four An Ordinance Amending an ordinance entitled Offenses and Miscellaneous Provisions relative to Carrying certain weapons or weapon-like objects Be it ordained by the City Council of the City of Beverly That Chapter 15 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following Section 15-13A: Sec. 15-13A. Carrying certain weapons or weapon-like objects. (1) No person, except as provided by law, shall carry on his person, or carry on his person or under his control in a vehicle, any weapon or instrument identified in Chapter 269 of the General Laws of Massachusetts, Section 10, paragraph (b) and Section 12; any weapon or object commonly called “nun-chucks” or any substance or material; a shotgun having a barrel less than eighteen (18) inches in length; any saber, sword, or weapon of like or similar nature; any knife having any type of blade in excess of two and one-hale (2 ½”) inches (except when actually engaged in hunting or fishing or in going directly to and/or returning directly from such activities, or any employment which requires the use of any such type of knife); ice picks, dirks or similar weapons that are likely to penetrate through police officer’s ballistic vests; or any other object or tool so redesigned, fashioned, prepared or treated that the same may be used to inflict bodily harm or injury to another. (2) Violation of any provisions of this ordinance shall be subject to arrest and a fine of not more than Three Hundred ($300.00) Dollars for each offense. Violation of any provisions of this ordinance within a park, playground or on school property, shall be subject to arrest and a fine of not more than Three ($300.00) Dollars. This ordinance to take effect upon passage according to City Charter Provisions First Passage: May 17, 2004 Final Passage: June 7, 2004 7-0 Vote Ordinance read once and Referred back to Committee 103 #184 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Trash Fee 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 will hold a Public Hearing on Monday, June 7, 2004 at 7:00 PM in Council Chambers, third Floor, City Hall, 191 Cabot Street Beverly, MA relative to an Ordinance for a Trash Fee which would generate approximately $1,000,000 over the next fiscal year. 7-0 Vote Order read once and adopted #185 The Committee on Legal Affairs to whom was referred the matter of Appointment- Director of Human Resources-Pauline Teixeira have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointment Recommend send back to committee 1-6 Vote Order read once and adopted (Costa) on request 7-0 Vote #147 The Committee on Public Services to whom was referred the matter of request for Mayor and Council to meet regarding reduction of firefighters have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 7-0 Vote Order read once and adopted #160 The Committee on Public Services to whom as referred the matter of communication re Salem and Beverly Water Supply Board have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 7-0 Vote Order read once and adopted #171 The Committee on Public Services to whom was referred the petition of Mass Electric for pole relocation and miscellaneous equipment in Coolidge Avenue have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be Granted 7-0 Vote Order read once and adopted #183 The Committee on the Whole to whom was referred the matter of Rules and Orders have considered said matter and beg leave to report as follows to wit; Recommend passage of the Rules and Orders as they now stand 7-0 Vote Order read once and adopted 104 Unfinished Business: Resolutions: #208 Eagle Scout Joshua Terrill Motions and Orders: Meeting adjourned: 9:07 PM Frances A. Macdonald, CMC City Clerk 105