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1995-12-187:00 P.M. #462 Public Hearing re Bonding Authorization of $2,130,000 for architectural services for school remodeling and building REGULAR MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, DECEMBER 18, 1995 ROLL CALL: PRESENT: ABSENT: coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella None PLEDGE OF ALLEGIANCE TO THE FLAG: Led by City Clerk Perron ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of December 11, 1995 meeting - Motion passes. CONFIRMATIONS: #501 The appointment of Zambouras, Finnegan and Giallongo to Police Station Repairs Building Commission was unanimously confirmed. COMMUNICATIONS FROM HIS HONOR THE MAYOR: #503 Honorable City Council city Hall Dear Honorable Council: Before you is an order to spend up to $2,130,000 for detailed architectural plans and specifications to improve our elementary facilities. You have asked that I indicate known sources of new revenues and/or cost reductions which relate to our ability to pay for the drawings. 1. The C.P. Clare Corporation'e new home is now under construction at Cherry Hill. It should add approximately $150,000 to the tax rolls. Stop & Shop intends to break ground in April of 1996. I estimate new taxes from that project of $150,000. 3. Eaton will visit us again on Tuesday December 19th. Eaton is talking seriously of an expansion of 90,000 sq.ft. That could well yield new tax revenues in excess of $100,000 annually. 4. Marshall Handly, Mark Foster and I have negotiated elimination of the current $200,000 ambulance subsidy paid by the City over the next 2-3 years with a guarantee of no subsidy of the following 5 years at least. 5. We have a letter from the outside auditors, admittedly labelled "DRAFT," confirming the Finance Director'e conclusion that the revenue deficit has been eliminated. We did in fact budget $287,000 this year to finally eliminate the deficit. It is highly probably that sum is available to us. A large company with revenues in excess of $1 billion is expressing strong interest in building a 40,000 sq. ft. plant expandable to 80,000 sq. ft. on an 8-10 acre site if the northern connector road project is moving along well by the end of March 1996. I do believe that if we continue to work together giving business prompt and responsive answers that we will be able to generate the revenues necessary to rebuild Beverly's infrastructure. I do realize, however, that some faith on your part will be required as we expand our tax base. Very truly yours, William F. Scanlon, Jr., Mayor RECEIVED AND PLACED ON FILE COMMUNICATIONS, APPLICATION8 AND PETITION8 #504 Request from American Red Cross to hang Banner across Cabot Street. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID 249 REPORTS FROM COB~ITTEES: #497 The Committee on Finance and Property to whom was referred the matter of McGlynn order re Mayor's salary have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and ninety-five An Ordinance amending an ordinance entitled "PERSONNEL" relative to unclassified salaries Be it ordained by the city council of the city of Beverly as follows: That Chapter 17, Section 29 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by deleting therefrom the following: "Mayor, Sixty Thousand Dollars ($60,000)" and inserting in place thereof the following: "Mayor, Sixty-Five Thousand Dollars ($65,000)" This ordinance to be effective as of January 1, 1996. Ordinance read once and adopted, (8-1 Mahan opposed), and passed to be ordained. #103 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Darcia Sadoski have considered said matter and beg leave to report as follows, to wit: Receive and Place on File - Referred to City Solicitor Order read once and adopted. #1~8 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance' change re dogs and cats have considered said matter and beg leave to report as follows, to wit: submit the accompanying ordinance and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and ninety-five An Ordinance creating an ordinance entitled ARTICLE II - DOGS AND CATS Be it ordained by the city council of the city of Beverly as follows: That Chapter 4 of the Revised Ordinances of the City of Beverly be, amended by adding thereto the following: "Article II. DOgs and Cats Sec. 4-15 DOg License - When required. Whoever owns or keeps a dog which is six (6) months old or over in the city shall obtain a license therefor from the City Clerk. The City Clerk shall not grant such license for any dog unless the owner thereof provides the clerk with either a veterinarian's certification that such dog has been vaccinated in accordance with section 4-18 of this Code or a notarized letter from a veterinarian that a certificate was issued. The owner or keeper of a licensed dog shall cause it to wear around its neck or body a collar or harness of leather or other suitable material, to which shall be securely attached a tag in a form prescribed by the City Clerk, and upon which shall appear the license number for the current year. Whoever violates the provisions of this section shall be subject to a fine of twenty-five dollars ($25.00) Any person failing to pay the above fine within the twenty-one (21} days provided will be subject to a five dollar ($5.00) surcharge in addition to the fine due. and the same is hereb~ Sec. 4-16. Disposal of animal waste. 250 (a) Dutv to dispose. It shall be the duty of each person who owns, possesses or controls a dog to remove and dispose of any feces left by his/her dog on any sidewalk, street, park, public area or any private property of another. A copy of this ordinance shall be given to every dog owner when licensing his/her dog. (b} Duty to possess means of removal. No person who owns possesses or controls such dog shall appear with such dog on any sidewalk, street, park, public area or private property of another without the means of removal of any feces left by such dog. (c) Method of removal and disposal. For the purpose of this regulation, the means of removal shall be any tool, implement or other device carried for the purpose of picking up and containing such feces, unexposed to said person or the public. Disposal shall be accomplished by transporting such feces to the property of the owner of the dog or to some other place suitable and regularly reserved for the disposal of human feces or specifically reserved for the disposal of canine feces, and so disposing of said feces. (d) Fines for violation. Fines for violation of this section shall be twenty- five dollars ($25.00) for the first offense in a calendar year and fifty dollars ($50.00) for subsequent offenses in the same calendar year. (e) This section shall not apply to a guide dog accompanying any handicapped person. (f) Severability: The provisions of this section are severable and if any of the provisions of this section shall be held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, the decision of such court shall not effect or impair any of the remaining provisions. sec. 4-17. Ownership and use of security and guard dogs (a) Any dog used primarily for the purpose of securing and protecting real or personal property which if open to public access at any time, shall comply with all the following: (1) Such dog shall be registered with the City Clerk in accordance Massachusetts General Laws, Chapter 140, Section 137 and 137A. (2) Such dog shall be kept within a closed-in area at all times when such property is open to public access or during business hours. Such closed-in area will consist of a fence at least six (6) feet high with a fence covering and a locked gate and/or within a locked room if in a business establishment. (3) All areas secured or protected by a security or guard dog or dogs shall be posted in such through manner as to five adequate notice to the public. (Beware of Guard Dog, etc.) with (b) No person/business shall harbor a security dog or guard dog unless he has obtained a security dog kennel permit. (1) Such permit will be issued by the City Clerk at no fee upon written certification by the animal control officer that such business or person has complied with all the guidelines of this section. Such permit may be revoked by the police chief upon evidence of violation of the provisions of this section. (2) The City clerk shall provide the fire chief and police chief with t copy of the security dog kennel permit. (3) The security dog kennel permit shall specify the location at which the dog is licensed to be located and no transfer or relocation of the duly licensed guard/security dog shall be permitted without the approval of the animal control officer. (4) Such permit shall be valid for an indefinite period of time. (5) Any business Or private resident harboring a security dog shall upon the request of the dog officer or any police officer allow him to enter and inspect the kennel area where such dog is licensed to be harbored. (C) Failure to comply with any subsection of this section will result in a fifty dollar ($50.00) fine for each day of such violation. :sec. 4-18. Vaccination against rabies; revaccination; penalty. Whoever is the owner or keeper of a dog or cat six (6) months of age or older shall cause such dog to be vaccinated against rabies by a licensed veterinarian using a vaccine approved by the department of public health. Unvaccinated dogs and cats acquired or brought into the city shall be vaccinated within thirty (30) days after acquisition or entry into the city or upon reaching the age of six (6) months, whichever comes later. 251 Vaccinated dogs and cats shall be revaccinated Periodically in accordance with rules and regulations adopted and promulgated by the Department of Public Health of the Commonwealth of Massachusetts. Whosoever violates the provision of this section shall be subject to a fine of fifty dollars ($50.00). Any person failing to pay the above fines within the twenty-one (21) days provided will be subject to a five dollars ($5.00) surcharge in addition to the fine due. Secs. 4-19 through 4-25. Reserved. Add the following: Sec. 4-26(f) "Cats impounded and unclaimed by the owner or keeper after a two (2) day period may be disposed of in accordance with the provisions of Massachusetts General Law Chapter 140, Section 151A." Delete current Section 4-28 in its entirety, and replace it with the following: "Sec.4-28 Dogs; restraint required. No person owning, harboring or having custody and control of a dog shall permit such dog to be at large in the City of Beverly at any time, elsewhere than on the premises of the owner, except if such dog be on the premises of another person with the knowledge and assent of such person. Further, any person owning, harboring or having custody and control of a dog in the City of Beverly, when such dog is not On the premises of the owner or upon the premises of another person with the knowledge and assent of such person, shall control and restrain such dog by a leash of appropriate length. The animal control Officer or assistant animal control officer may take into custody any licensed dog found at large within the City of Beverly in violation of the first paragraph of this section. The animal control officer or assistant animal control officer may then impound said dog at any licensed kennel and notify the owner of the location where the dog may be claimed. The Owner shall pay the boarding fee which may have accrued before the kennel shall be obligated to release the dog. If the owner does not claim the dog within three (3) days of receipt of notice, the dog constable shall cause a second notice to be sent- to the owner by registered mail. If the owner does not claim the doge within three (3) daye of receipt of the second notice, the dog constable may proceed against the owner for willful abandonment,pursuant to Chapter 272 Section 84 of the Massachusetts General Laws. Whoever violates any provision Of this section shall be subject to a fine of fifteen ($15.00) for a first offense, twenty-five dollars ($25.00) for a second or third offense relating to the same dog and fifty dollars ($50.00) for any subsequent offense relating to the same dog. Any dog which has been the subject of four (4) or more violations of this section within one calendar year shall be deemed a nuisance to which the provisions and procedures of G. L. Chapter 140, Section 157 shall apply, and shall be reported as such by the animal control officer to the chief of police for appropriate action under that law. Notwithstanding any violation whereby a dog is at large On a public beach, park mall or market area (unless otherwise permitted by ordinance, license, permit or special act) shall be subject to a fine of twenty-five dollars ($25.00) for a first offense and fifty dollars ($50.00) for each additional offense relating the same dog. Any person failing to pay the above fines within the twenty-one (21) days provided will be subject to a five dollars ($5.00) surcharge in addition to the fine due." This ordinance to take effect upon passage. Ordinance read once, adopted (8-1 with Murray opposed) and passed to be ordained. #152 The Committee on Legal Affairs and Accounts to whom was referred the matter of Superintendent,a request for ordinance governing smoking have considered said matter and beg leave to report as follows, to wit: Receive and Place on File order read once and adopted. ~ #219 The committee on Legal Affairs and Accounts to whom was referred the matter of Communication' from Commission on Handicapped re enforcement of Handicapped parking have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #299 252 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Symes Associates re tot lot at Maplewood Subdivision have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #418 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Suzanne Dorsey have considered said matter and beg leave to report as follows, to wit: Receive and Place on File - Referred to City Solicitor !Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Agreement between Gourdeau and South Essex Sewer District have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. The Committee on Legal Affairs and Accounts to whom was referred the matter of Application - Auctioneers license - International Oriental Rug Auctioneers have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #475 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - John Colantoni have considered said matter and beg leave to report as follows, to wit: Receive and Place on File - Referred to the City Solicitor. Order read once and adopted. #485 The committee on Legal Affairs and Accounts to whom was referred the matter of Mayor's request for authorization to sign contract - Thomas Ford 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 contract between the City of Beverly (Police Department) and Thomas Ford for the maintenance of Police Vehicles Order read once and adopted (8-1 with Mahan opposed) #487 The Committee on Legal Affairs and Accounts to whom was referred the matter of Mortgage discharge for Harry Clark, 131 Elliott 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 Mortgage discharge for property at 131 Elliott Street owned by Harry Clark, as recommended by the Community Development Director. Order read once and adopted. #493 'The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance change - parking on Ash street have considered said matter and beg leave to report as .follows, to wit: Submit the accompanying ordinance and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and ninety-five An Ordinance amending an ordinance entitled "Motor Vehicles and Traffic" relative to parking prohibited at all times - during certain hours 253 Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 122 of the Revised Ordinances Of the City of Beverly, 1989, be and the same is hereby amended by adding thereto a new section (u) as follows: "(u) No person shall park a vehicle between the hours of 8:00 p.m. and 1:00 a.m. on either side of Ash Street." This ordinance to take effect upon passage. Ordinance read once and adopted, and passed to be ordained. #~95 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Bruc~ MacArthur have considered said matter and beg leave to report as follows, to wit: ~ Receive and Place On File - Referred to the City Solicitor. Order read once and adopted. #496 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Brian Sweeney have considered said matter and beg leave to report as follows, to wit: Receive and Place on File - Refer to the City Solicitor order read once and adopted. #~7 The Committee on Public Service and Aid to whom was referred the matter of Removal of live trees on Hull Street 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 removal live trees as follows: 93 Hull Street - one large pine tree 97 Hull street - two (2) pine trees 103 Hull street - two (2) oak trees and one pine tree These will be removed in conjunction with the sidewalk project on the south side of Hull Street from Driecoll Lane to 107 Hull Street. Order read once and adopted. #456 The Committee on Public Service and Aid to whom was referred the matter of Mass Electric petition for conduit from Cabot Street to Fayette Street have considered said matter and beg leave to report as follows, to wit: Recommend the petition be granted. Order read once and adopted. #50~ The Committee on Public service and Aid to whom was referred the matter of request to hang banner across Cabot Street - American Red Cross 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 the American Red Cross to put up the Red cross Banner across Cabot Street during the month of March Order read once and adopted. #21 The committee of The Whole to whom was referred the matter of Communication from Beaver Pond/Longfellow Place re concerns about traffic have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. r #43 The Committee of the Whole to whom was referred the matter of Gilmore order to amend Rules to allow for public comment have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. 254 255 #57 The Committee of the Whole to whom was referred the matter of Communication from Planning Board re lot size for agricultural, horticultural and floricultural uses, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and ninety-five An Ordinance amending an ordinance entitled "Zoning" Be it ordained by the city council of the city of Beverly as follows: That Chapter 29, Sections 7 through 15 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: That Sections 29-7.B.5., 29-8.B.5., 29-9.B.5., 29-10.B.5., 29-11.B.5., 29-12.B6., 29-13.B.8., 29-14.B.8., and 29-15.B.14 be amended by adding after the word "floricultural" the phrase "(as defined in M.G.L. Chapter 61A)" and by deleting the phrase "..permitted with a minimum lot size of 5,000 square feet." and replacing with the phrase "..permitted with a minimum lot size of five (5) acres." Add new Sections 29-7.C.11., 29-8.C.11., 29-9.C.9., 29-10.C.9., 29-11.C.8., 29-12.C.8., 29- 13.C.7., 29-14.C.10., and 29-15.C.8., stating Horticultural and floricultural (as defined by MGL Chapter 61A) uses On lots with at least One (1) acre but less than five (5) acres." Amend the Beverlv Land Use Schedule to reflect that a special permit (SP) is required for horticultural and floricultural uses on lots of at least one (1) acre but with less than five (5) acres, and that these same uses on lots containing five (5) acres or more are permitted (P). That Chapter 29 Section 5 be amended by adding thereto the following new subsection O entitled "Horticultrual and Floricultural activities" Nothing in this Ordinance shall be deemed to prevent horticultural or floricultural activities for personal use or consumption and nothing in this Ordinance shall be deemed to prohibit the sale of horticultural or floricultural products grown entirely on the premises from which it is sold during the months of May, June, July, August and September, regardless of lot size." This ordinance to take effect upon passage. Ordinance read once and adopted, and passed to be ordained. #117 The Committee on Public Service and Aid to whom was referred the matter of Coughlin order re Master Plan for Norwood's Pond Area have considered said matter and beg leave to report as follows, to wit: Receive and Place on File order read once and adopted. #234 The Committee of the Whole and Aid to whom was referred the matter of Murray order re Noise control Ordinance have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #307 The Committee of the Whole to whom was referred the matter of Finance Director report on end of FY95 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #318 The Committee of the Whole to whom was referred the matter of Coughlin order re irrigation meter rentals have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #321 255 256 The Committee of the Whole to whom was referred the matter of Mayor's request for action on grant contract have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #325 The Committee of the Whole to whom was referred the matter of Mayor's request to provide special benefit to Bonaiuto family have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #373 The committee of the Whole to whom was referred the matter of Gilmore order re public hearing on Henderson Road have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #442 The Committee of the Whole to whom was referred the matter of Letter from Beverly National Bank re Conifer Road have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. UNFINISHED BUSINESS: #483 #484 #498 #499 The following transfers were received into the Council, passed to a second reading and laid over under charter provisions and passed on a roll call vote. #462 Mayor's request for bonding authorization for $2,130,000 for architectural drawings for school remodeling and renovations Mayor's request for transfer to account "Fire Department - salaries" ($67,270.56) Mayor's request for transfer to account "Hepatitis B - Vaccination Program" ($4,935.00) Mayor's request for transfer to account "Generator Repair - Library Bookmobile', ($6,768.80) Mayor's request to amend bond authorization (Order #377 of 1994) to include police station repairs. MOTIONS AND ORDERS~ #505 By Councilor Rollins: ORDERED: The council will not bond for the acquisition of land, buildings, or equipment until the Mayor shall have submitted and the Council approved a capital Improvement budget and comprehensive financial plan. Motion made and seconded to suspend rules to allow for discussion at this meeting. (Discussion generally approved concept of order, felt that more time was necessary to access possible long range impacts. Mayor expressed willingness to submit such a budget and new Charter requires it. Matter will be discussed further in new calendar year.) Received and Placed on File Order read once and adopted. Motion to adjourn: 10:35 p.m. Constance E. Perron City Clerk 256