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2007-06-04 Regular Meeting Beverly City Council 7:00, PM June 4, 2007 Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag: Led by Councilor Grimes Appointments: Public Hearings and Presentations: 7:05 PM Presentation by Mary Rodrick (5 Min.) 7:10 PM Public Hearing National Grid-Greenwood Ave. Refer to Public Services 7:15 PM Safe Drinking Water Alliance (5 Min.) 7:20 PM Rosemary Maglio re Pleasant St. Sidewalk & Ordinance Building Hgt. (5Min.) 8:00 PM Public Hearing Intradepartmental Transfers (Recessed from May 21, 2007) Refer to Finance and Properlv Acceptance of Minutes: Meeting of May 21, 2007, and Special Meeting of May 24,2007 Communications from His Honor the Mayor: #144 June 4, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Thank you for the opportunity to speak to you tonight. I have a number of matters I wish to address but let me get to the most important one first. For some time, I, with the help of several others, have been considering the question of the successor to Chief John Cassola who will retire at the end of July. In preparation for this change we have had the benefit of a comprehensive police study funded by this Council and performed by the highly qualified Matrix Consulting Group. We have also had the benefit of a broad-based community survey of citizen attitudes and opinions regarding the Police Department conducted through the Center for Research and Educational Advancement at Endicott College. As this process has moved forward, I have wished to be very thorough, thoughtful and deliberate, gathering as much information as possible. I have taken the time to sit down with every superior officer on the Beverly force as well as with several patrolmen to discuss the strengths, weaknesses and opportunities of our Police Department. Of consideration is, of course, the age old question of pursuing a candidate from inside the Department or from outside and there are potential upsides and downsides to either route. Fortunately, we have a highly qualified person inside the Department who also has extensive relevant experience on the outside in the person of Lieutenant Mark Ray. I n addition to his service within the Beverly Police Department where he rose from Patrolman to Lieutenant, Ray is also a Lieutenant Colonel in the United States Army having served 9 months active duty in Bosnia during 1996 and 1997 and more recently served the full year of 2005 in Iraq with as many as 430 uniformed military personnel under his command. In the army he rose from private to sergeant then proceeded through Officer Candidate School to a commission as a 2nd Lieutenant and four more promotions to Lieutenant Colonel. For many reasons which I will further explain in a few moments, I have chosen Lieutenant Mark Ray to be the next Chief of the Beverly Police Department, subject, of course, to your concurrence. Here in Beverly Lieutenant Ray started as a Patrol Officer in 1985. Since then he has progressed through the ranks and held the positions of DARE Officer, Detective, Senior Firearms Officer, Training Coordinator, Sergeant, Public Information Officer and Patrol Commander. He has also served in the capacities of Grant 80 Writer, Administrator and Financial Officer. He is a graduate of the Massachusetts Police Academy where he was the president of his class and Springfield College where he received a Bachelor of Science Degree in Criminal Justice. He is also a graduate of the United States Federal Bureau of Investigation's National Academy. He has special training in Investigation, in Implementing Community Policing, in Community Solutions to Violence, in Advanced Strategies in Domestic Violence Response and in Successful Facility Planning which, parenthetically, we hope to put to good use in the not too distant future. He most recently completed FEMA training on the National Incident Management System and extensive additional national training in Anti-terror and Terror Response Strategies. Incredibly, he has accomplished all of this while at the same time serving with distinction in the United States Military. Lieutenant Colonel Mark Ray, in the course of his distinguished military career, has served as Commander, Executive Officer, Garrison Commander Lieutenant Colonel, Commander Lieutenant Colonel and most recently Executive Officer Lieutenant Colonel. As a Battalion Commander he has had direct command responsibility for four hundred thirty uniformed men and women. As a Garrison Commander he has been directly responsible for the overall command and control of base defense and life support for over eight thousand military and civilian personnel. As I've mentioned, he has served tours of duty in Bosnia and most recently Iraq where his command of a Forward Operating Base prompted the follow praise, and I quote: "A confident, innovative, capable and caring leader, Mark Ray leads by example and demonstrates the epitome of professionalism and selfless service." That quote is attributable to Colonel Kenneth Chrosniak, United States Army. Colonel Chrosniak's opinion of Mark is shared by Major General William Brandenburg, former Deputy Commander of all United States forces in Iraq. Major General Brandenbug describes Lieutenant Colonel Ray as outstanding, someone who works with a quiet, assured and tactful manner, someone whose personality and professionalism are perfectly suited to achieve consensus and team building, and who is a great leader and mentor. Colonel Chrosniak and Major General Brandenburg both concluded that Mark Ray's potential was unlimited and that Mark was, and I am again quoting, "Capable of serving in the highest levels of both command and staff." High praise indeed, but there is more. Over the course of Lieutenant Colonel Ray's career, the United States has awarded him the Army Achievement Medal with four Oak Leaf Clusters, the Army Commendation Medal with four Oak Leaf Clusters, the Combat Action Badge and in 2005, one of this nation's highest military honors, the Bronze Star. For these reasons, and for the many more I am sure you will see for yourselves as you give his appointment your fullest and fairest consideration, I am confident that as Chief of Police Mark Ray will make all of us proud. I have read and heard some criticism of my approach to this appointment. I believe that Mark Ray is ideally suited to lead our Police Department into a new age. Given that he has served this community faithfully and well; given that he has served this country bravely and with distinction; and given that he has risked his life leading and mentoring this nation's soldiers, I am more than willing to risk some criticism for asking him to lead this city's police force. Mark Ray is truly an officer and a gentleman and Beverly is fortunate call him a son. Subsequent to your approval of this appointment and in conformance with the Beverly Charter, I intend to enter into a three-year contract with Lt. Ray commencing on August 1, 2007 Very truly yours, William F. Scanlon, Jr. Mayor Refer to Committee of the Whole #145 June 4, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Consistent with our policy of providing the very best of equipment for our firefighters, we have developed specifications for a new combination ladder and pumper truck with a ladder 100"-110" long. This piece of apparatus will take approximately one year to manufacture. It will replace the current Ladder One which was manufactured in 1988 and will be surplussed. This vehicle is expected to cost $850,000-$900,000. The attached letter from Chief Pierce described this apparatus in greater detail. It is worth knowing that with the purchase of this equipment which will be located at Headquarters, we will have a modern first response vehicle at each of our three fire stations. 81 Please take steps to set a Public Hearing at your earliest convenience to approve the attached loan order which would provide the $900,000 needed to purchase the new fire apparatus. Very truly yours, William F. Scanlon, Jr. , Mayor Refer to Finance and Properly #146 & #146A June 4, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: You will recall that the Raymond Farms Drainage project has been presented to you on the basis that SESD would fund and run the project and then reflect its cost in our annual sewer charges. Upon close examination Finance Director John Dunn has determined that a portion of the project should be bonded directly by the City of Beverly from our Sewer Enterprise Fund. This change has absolutely no effect on the cost of the project which has happily been bid at less than our cost estimates. As John Dunn's accompanying note explains in further detail, we wish to pay for $1.67 Million of this project by an authorization to bond from our sewer fund. At the same time I would ask that you approve a $130,000 Loan Order to pay for the detailed design of further improvements to the Chubbs Brook Drainage system in Beverly Farms. Recently we presented to approximately 100 Beverly Farms residents at a meeting in the Public Library several proposals to improve the Chubbs Brook Drainage system. These were well received. The $130,000 will allow for the detailed engineering of (1) a new detention basin (2) augmentation to the holding capacity at Dix Park (3) flow improvements beneath Haskell Street (4) modeling of the entire system (5) a peer review of the detailed engineering. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Properly #147 June 4, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Ms. Laurie Callahan, 7 Ashton Street, Beverly, MA 01915 to serve as a member of the Beverly Housing Authority Board. Her term will be effective until June 28, 2012. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #148 June 4, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 82 I hereby reappoint, subject to your review and recommendation, Mr. Philip R. Cleversey, 535 Essex Street, Beverly, MA 01915 to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. His appointment will be effective until June 30,2010. Attached is Mr. Cleversey's communication requesting that he be reappointed. A copy of his Bond has been forwarded to the City Clerk. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Leoal Affairs #149 June 4, 2007 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: As you have likely heard, Massachusetts lags most of the United States because of its highly fragmented approach to the dispatching of public safety vehicles. States such as New Hampshire and California dispatch throughout the entire state with only a handful of dispatch centers while Massachusetts has nearly 300 such centers. Much discussion has occurred in recent years related to regionalizing this service. We are optimistic about a plan to establish a Regional Operations Center (ROC) for Essex County. The Secretary of Public Safety, Kevin Burke, the Essex County Sheriff, Frank Cousins, and many fire, police and municipal leaders are behind this effort. As a show of support for these efforts and in order to further the investigation and analysis of this prospect, I am disbursing funds in the amount of $4,000 from available currently budgeted funds. I also request that your Honorable Council approve a resolution supporting the concept of the Regional Operations Center and approve the appointment of Chief Rick Pierce to be the City of Beverly's representative to the Committee to further this regional concept. I will report back to you from time to time regarding the progress of this regional initiative. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from Other City Officers and Boards: #150 June 4, 2007 Paul Guanci, President Beverly City Council 191 Cabot St. Beverly, MA 01915 RE Cable Television Service-Pending Verizon Legislation Dear Mr. Guanci: Enclosed please find a letter to Mary Grant and a Resolution for your consideration. Very truly yours, Roy F. Gelineau, Jr., City Solicitor Refer to Public Services #151 June 4, 2007 Paul Guanci, President Beverly City Council 191 Cabot St. 83 Beverly, MA 01915 RE Memorandum of Understanding regarding Pleasant Street Dear Mr. Guanci: Enclosed please find an order and memorandum for your consideration. Very truly yours, Roy F. Gelineau, Jr., City Solicitor Refer to Leoal Affairs Communications, Applications and Petitions: #152 Request by Beverly Farms-Prides Crossing 4th of July Committee to hang banner over West Street Refer to Public Services #153 Application Express Limo for 2007 License Refer to Leoal affairs #154 Application Express limo for four additional limo licenses Refer to Leoal Affairs #155 Communication from citizen relative to recycling Refer to Public Services #156 Communication from Town of Walpole re Unfriendly 40B projects Receive and Place on File COpy to City Planner Reports from Committees: #111 The Committee on Finance and Property to whom was referred the matter of naming of the Former Vitale Site have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Former Vital Site be named either Birch Plains Park or Batchelder Park Two Votes were taken and the name Birch Plains Park was chosen on a 6-1 Vote with Councilor Grimes voting against Order read once and adopted 6-1 Vote with Councilor Grimes voting against #115 The Committee on Finance and Property to whom was referred the matter of Inlradepartmental transfers have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 84 Ordered: That the City Council approve the enclosed list of Intradepartmental Transfer as per request of Mayor Scanlon CITY OF BEVERLY FISCAL 2007 BUDGET TRANSFERS AND APPROPRIATION ADDITIONAL APPROPRIATIONS ACCOUNT TITLE ACCOUNT NUMBER AMOUNT Liability Insurance 11354 57400 $ 30,000.00 Solicitor's Litigation 11354 57400 $ 140,000.00 Police Overtime 12101 51310 $ 100,000.00 Electric for Streetlights 12492 52101 $ 25,000.00 E ng i n eeri n g-Consu Iti ng 14102 53853 $ 27,000.00 Veteran's Benefits 15434 57700 $ 25,000.00 Workmen's Compensation 19121 51591 $ 200,000.00 TOTAL $ 547,000.00 REVENUE SOURCES ACCOUNT TITLE ACCOUNT NUMBER AMOUNT North Shore Regional Voke 13154 53086 $ 40,000.00 Pensions 19111 51791 $ 18,000.00 Unemployment Compensation 19131 51592 $ 17,000.00 Self Insured Health Insurance 19141 51701 $ 150,000.00 Miscellaneous - Health Insurance 19141 57000 $ 39,000.00 Free Cash $ 283,000.00 TOTAL $ 547,000.00 First Passage: Public Hearing: Final Passage: May 7,2007 Scheduled for May 21, and recessed until June 4, 2007 June 4, 2007 Order read once and adopted 7-0 Vote #130 The Committee on Finance and Property to whom was referred the matter of Communication from Solicitor relative to the Closure of Landfill have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Amended to return to Finance and Property Order read once and adopted 7-0 Vote #143 The Committee on Finance and Property to whom was referred the matter of Fiscal Year 2008 Budget 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, June 18, 2007 at 8:00 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA relative to the Fiscal Year 2008 Budget First Passage: Public Hearing: Final Passage: May 24, 2007 June 18, 2007 June 25, 2007 85 Order read once and adopted 7-0 Vote #145 The Committee on Finance and Property to whom was referred the matter of purchase of Fire Apparatus 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 will hold a Public Hearing on Monday, June 25, 2007 at 7:05 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a loan Order in the amount of $900,000 for the purchase of Fire Apparatus Ordered: that $900,000 is appropriated for the purchase of a fire truck; that to meet this appropriation the Treasurer with the approval of the Mayor and the Director of Municipal Finance and the Committee on Finance and Property is authorized to borrow $900,000 under Chapter 44, Section 7(9) of the General Laws or any other enabling authority; that the Treasurer is authorized to file an application to qualify under Chapter 44A of the General Laws any or all of the bonds and to provide such information and execute such documents as may be required for these purposes; and that any bonds or notes issued pursuant to this order shall be certified in writing as to their genuineness by a bank or trust company situated and doing business in Massachusetts to be selected by the Committee on Finance and Property First Passage: Public Hearing: Final Passage: June 4, 2007 June 25, 2007 June 25, 2007 Order read once and adopted 7 -0 Vote #146 The Committee on Finance and Property to whom was referred the matter of Authorization to bond from Sewer Fund for Raymond Farms Drainage 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 will hold a Public Hearing on Monday, June 25, 2007 at 7:10 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a bond authorization from our sewer fund amount of $1.67 Million for the Raymond Farms Drainage Project First Passage: Public Hearing: Final Passage: June 4, 2007 June 25, 2007 June 25, 2007 Order read once and adopted 7-0 Vote #146A The Committee on Finance and Property to whom was referred the matter of loan order for Chubbs Brook Drainage System 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 will hold a Public Hearing on Monday, June 25, 2007 at 7:15 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a loan order in the amount of $130,000 for an engineering study for the Chubbs Brook Drainage System First Passage: Public Hearing: Final Passage: June 4, 2007 June 25, 2007 June 25, 2007 Order read once and adopted 7-0 Vote #57 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Zoning relative to signs have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended ordinance and recommend its adoption 86 In the year two thousand and seven An Ordinance amending an ordinance entitled Zoning Zonina Ordinance Amendments 1. Amend Section 29-2. of the City of Beverly Zoning Ordinance by adding the following as the definition of "sandwich board sign" at 29.2.47.q., and renumbering subsequent subsections accordingly: "q) Sandwich Board Sign - An 'A-frame' shaped sign that identifies or advertises a place of business and that consists of two sign boards that are hinged together at the top and on which an establishment's name has been factory-imprinted." 2. Amend Section 29-26 of the City of Beverly Zoning Ordinance by adding new subsections 29- 26.B.1.i. and 29-26.B.2.i. entitled Sandwich Board Sians, as follows: "Sandwich Board Signs: One (1) sign not exceeding two (2) feet in width and three and one half (3 'h ) feet in height may be permitted within the sidewalk/grass strip of a public right of way or on private property provided the following requirements are met: 1. The sign is located in front of, and within twelve (12) feet of the main entrance to the establishment it advertises; 2. Placement of the sign allows a minimum of thirty six (36) inches of unobstructed sidewalk clearance between it and any building or other obstruction; 3. The sign must be free-standing and shall not be affixed, chained, anchored, or otherwise secured to the ground or to any pole, parking meter, tree, tree grate, fire hydrant, railing, or other structure; 4. The sign must be internally weighted so that it is stable and windproof; 5. The sign is placed within the public right of way only during the hours of the establishment's operation; 6. No sign shall be placed in a public right of way for the duration of a declared snow emergency; 7. The design of the sign (which includes the color, lettering style, symbols and material) shall complement and be compatible with the design of the establishment's primary sign(s), abutting properties, and the general streetscape in the immediate vicinity of the establishment; 8. The City Council issues a permit to allow the sign in accordance with Section 12-273 of the City's Revised Ordinances; and 9. Adequate liability insurance is provided to the City Clerk and remains in effect for the duration of the permit issued by the City Council." 3. Amend Section 29-26.C.11. of the City of Beverly Zoning Ordinance by inserting the following provision at the end of the existing subsection: "Temporary signs announcing an "open house" event for the prospective sale or lease of a property are allowed, provided such signs are erected no more than three (3) hours prior to commencement of the event and are removed within one (1) hour of the close of the even~ an9 ~ _ - --{ Formatted provided that no more than three (3) such signs shall be erected for anyone event. 'Open House' event signs are allowed off-premises, subject to the provisions of this paragraph." 4. Amend Section 29-26.D.7. of the City of Beverly Zoning Ordinance by adding the phrase "(except a sandwich board sign)" between the words "sign" and "with". 5. Amend Section 29-26.F. of the City of Beverly Zoning Ordinance entitled Maintenance and Enforcement by inserting the phrase "With the exception of Section 29-26.C.11.," at the beginning of the third paragraph, and by adding the following sentence to the end of the third paragraph: "Violations of Section 29-26.C.11. shall be punishable by a warning for the first offense and a $100 fine for the second and subsequent offenses, with each day of violation constituting a separate offense." City Ordinance Amendments 1. Replace Section 12-271 of the Revised Ordinances of the City of Beverly with the following provision: 87 "Section 12-271. Permit Process and Requirements for Sandwich Board Signs Sandwich board signs as defined by the City of Beverly Zoning Ordinance must be authorized by the City Council prior to the issuance of a sign permit by the Building Inspector. The City Council may issue a permit for one such sign to a business establishment, provided such sign meets the requirements outlined in the Zoning Ordinance for such signs and the provisions of this Section. The term of the permit issued by the Council shall be for one (1) year and shall be subject to the application and/or renewal fees specified in Section 12-272 of the City's Revised Ordinances and its revocation shall be subject to Section 12-3. The City Council may vote at any time to revoke any permit for a sandwich board sign whenever, in its opinion, the sign becomes an eyesore, a nuisance, a public safety concern, or is neglected, or when the number of violations of the zoning and City ordinance warrant such action in the interest of public safety and ensuring the integrity of the City's ordinances. In cases where the City Council revokes a permit for a sandwich board sign that is placed on City property, the City of Beverly has the authority to immediately remove such sign from a public way. No permit for a sandwich board sign shall be issued by the City Council unless and until the following requirements have been met: a. An application packet in a form acceptable to the City Council has been filed with the City Clerk's Office; b. Proof of adequate liability insurance for the duration of the permit period is provided in a form acceptable to the City Council; and c. All applicable approvals from City boards (including but not limited to the Design Review Board) have been obtained." An application for renewal of an existing permit for a sandwich board sign shall not require review by the Design Review Board, so long as there are no changes being proposed to the previous- approved sign design and so long as there are no changes to any condition(s) upon which the existing permit was issued. 2. Amend Section 12-272 of the Revised Ordinances of the City of Beverly by increasing the application fee from $25.00 to $50.00 and by increasing the renewal fee from $5.00 to $50.00. 3. Add a new Section 12-273 to the Revised Ordinances of the City of Beverly entitled Penalties, as follows: "Sec. 12-273. Penalties. Violations of the provisions of this Section shall be a warning for the first offense and a $100 fine for the second and subsequent offenses, with each day of violation constituting a separate offense. This provision shall be enforced by the City of Beverly Building Inspector or designee." 4. Add a new Section 12-354 to the Revised Ordinances of the City of Beverly as follows: "Sec. 12-354. Yard and Garage Sale Signs. Yard and garage sale permittees shall be allowed to erect temporary signs for the purpose of advertising the event, provided such signs are not erected more than Bry_ eJg_ht (4~) _h()LJ~ ~e!o!~ lhEl ~~gLnllill[ ()f Jh_e JCir9 ~ _ - --{ Formatted or garage sale, and provided they are taken down within twenty-four (24) hours of the end of the yard or garage sale. Permittees that fail to adhere to the restrictions of this paragraph shall be subject to the penalties cited in Section 12-353 of this Ordinance." Ordinance read once and held for final passaae as per charler provisions 7-0 Vote #57A The Committee on Legal Affairs to whom was referred the matter of Planning Board Recommendation have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote #119 88 The Committee on Legal Affairs to whom was referred the matter of Communication relative to Pleasant Street Sidewalk have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Receive and Place on File 7-0 Vote Refer to City Solicitor #129 The Committee on Legal Affairs to whom was referred the matter of Communication from City Planner re Pleasant Street Sidewalk have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote #131 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Offences and Miscellaneous Provisions re skateboarding 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 seven An Ordinance Amending an ordinance entitled Offences and Miscellaneous Provisions re Skateboarding Be it ordained by the City Council of the City of Beverly as follows, to wit: Add to Chapter 15 Offences and Miscellaneous Provisions ADD: Section 15-33A No person shall drive, wheel, propel or ride upon a skateboard within any playground, within 100 feet of any public building or upon any property owned by the City of Beverly except public ways and except within facilities that are specifically designated by the City as skateboard parks. Any person violating the provisions of this ordinance shall be subject for a first offense to a fine of $25 and for any subsequent offense to a fine of $50. Any skateboard used in violation of this ordinance shall be subject to confiscation and destruction by the Police Department of the City of Beverly." This ordinance to take effect as per charter provisions Ordinance read once and held for final passaqe as per charler provisions 7-0 Vote #135 The Committee on Legal Affairs to whom was referred the matter of Application for Livery License, Mannix Sedan Service, 77 Water St. have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted: 7-0 Vote #137 The Committee on Legal Affairs to whom was referred the matter of Communication from Windover re Pleasant Street Sidewalk have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote #151 The Committee on Legal Affairs and Accounts to whom was referred the matter of Memorandum of Understanding regarding Pleasant Street have considered said matter and beg leave to report as follows, to wit: 89 Submit the accompanying amended order and recommend its adoption Ordered: That the Mayor and the City Engineer be directed to sign the attached Memorandum of understanding regarding Pleasant Street, Beverly, Massachusetts with the addition of It is further understood and agreed that Beverly Crossing LLC will advise all condominium unit owners in the subject development, Depot Square Condominiums, of the obligations hereunder, and will require that the Condominium Association shall include specific and clear reference to, and a copy of, this Memorandum of Understanding in the Condominium by laws. Order read once and adopted 5-1 Vote Councilor Hobin recused himself and councilor Grimes voted against #55 The Committee on Public Services to whom was referred the matter of request to remove double poles on Hillside have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted: 7-0 Vote #92 The Committee on Public Services to whom was referred the matter of Communication from Safe Water Drinking Alliance have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 7-0 Vote #121 The Committee on Public Services to whom was referred the matter of Petition of National Grid for a Joint Owned Pole on Hobart Ave. have considered said matter and beg leave to report as follows, to wit: Recommend the Petition Be Granted Order read once and adopted 7-0 Vote #136 The Committee on Public Services to whom was referred the matter of National Grid Petition for 2 JO Poles and 2 4"EB Conduits in Greenwood Avenue have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be granted. Order read once and adopted 7-0 Vote Unfinished Business: #35 Ordinance-Zoning relative to Building Height #99 Ordinance-Disposal of surplus tangible supplies Resolutions: #157 Eagle Scouts-Sean Cronin, Robert Forster, Daniel Kilham and Samuel Dyas Motions and Orders: #158 By Councilor Gooding: Ordered: That the City Council authorize the acceptance of the local option real estate tax exemption provided under Massachusetts General Laws Chapter 59, Section 5, Clause 50, as set forth more particularly below: 90 "Fiftieth, the increased value of residential real property as a result of alterations or improvements thereto, not to exceed five hundred dollars of taxes due; provided, however, that said alterations or improvements are made to provide housing for a person who is at least sixty years old and who is not the owner of the premises; provided further, that any such alterations or improvements must be made to a house, consisting of no more than three units prior to such alterations or improvements and which is owned and occupied by the applicant as his domicile; and provided, further, that the applicant shall annually furnish to the assessors a statement under oath that the alterations or improvements were made to provide housing for a person who is at least sixty years old. This exemption shall terminate when the premises are no longer occupied by any such elderly person. No person shall receive more than one exemption under the provisions of this clause in any fiscal year. This clause shall take effect upon its acceptance by any city or town and shall apply only to alterations or improvements made on or after the date of such acceptance by such city or town." Note: The introductory language of Section 5 provides in pertinent part: "Section 5. The following property shall be exempt from taxation and the date of determination as to age, ownership or other qualifying factors required by any clause shall be July first of each year unless another meaning is clearly apparent from the context..." Refer to Leaal Affairs Meeting adjourned: 9:55 PM Frances A. Macdonald, CMC City Clerk 91