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2002-11-187:35 PM #378 Public Hearing Appro. To Acct. Commercial Water Meters Referred to Finance and Property 7:50 PM #375 Public Hearing Transfer to Account No Beverly Fire Station Roof Referred to Finance and Property 7:55 PM #364 Public Hearing Keyspan Energy-Install gas main in Chipman Road Referred to Public Service and Aid Regular Meeting of Beverly City Council November 18, 2002Regular Meeting of Beverly City Council November 18, 2002 Roll Call : Ronald Costa, William Coughlin, Timothy Flaherty, Donald Martin, Virginia McGlynn, Roger Morency, Maureen Troubetaris, Paul Guanci Councilor Murray was Absent Pledge of Allegiance to the Flag : Led by Councilor Martin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of November 4, 2002 Communications from His Honor the Mayor : #388 November 18, 2002 Beverly City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Lawrence R. Carmen, 3 Paradise Road, Beverly, MA to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. His term will expire on November 30, 2005. This application for appointment has been reviewed and approved by Police Chief John Cassola. Very truly yours, Thomas M. Crean, Mayor Refer to Legal Affairs and Accounts #389 November 18, 2002 Beverly City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: 196 I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for Property located at 1 Temi Road, owned by Mr. & Mrs. Don Monies. Attached is a communication from William O’Hare, Community Development Manager. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts Communications from other City Officers and Boards #390 Nov. 8, 2002 Dear Mayor Crean and Members of the City Council: On Thursday, November 7, 2002, the Beverly Parks and Recreation Commission voted to withdraw the letter dated Marcy 14, 2002 submitted by then Director of recreation Joan Fairbank, regarding banning all dogs from Lynch Park throughout the year. The Parks and Recreation Commission is currently abiding by the current ordinances passed by the Commission and approved by the City Council in 1991. These rules became Section 16-3 of the Revised Ordinances and included: (5) “No dogs allowed Memorial Day through Labor Day.” A subcommittee of Parks and Recreation Commission members is currently meeting with member of Beverly Animal Resources Coalition and other non-dog owning citizens to work on an agreement. Thank you for your interest in this matter. Arthur F. Sullivan, Acting Recreation Director Receive and Place on File #391 November 12, 2002 City Council Beverly City Hall 191 Cabot Street Beverly, MA 01915 IN RE: George Maroskos d/b/a JGM Numismatic Investments See Junk and Second Hand Dealer’s License Dear Honorable Council: George Maroskos does business at 284A Cabot Street under a Junk and Second Hand Dealer’s License issued by the City Council in accordance with the revised Ordinances of the City of Beverly Chapter 12 §71 et seq. On or about August 30, 2002, Beverly Police Department cited Mr. Maroskos for violations of the Ordinances as indicated on the attached citations and attached police report. Thirty days passed from the issuance of such citations and the civil fines were not paid. When the fines were not paid, the Police made application in the Salem District Court for Criminal Complaints to issue. A hearing was held on November 7, 2002, at which time a Complaint issued for violation of G. L. Chapter 110 §5 (Failure to file a “d/b/a” Certificate). At the hearing, Mr. Maroskos indicated that 197 he was prepared to pay the civil fines for the Ordinance violations. These fines remained unpaid as of 10:00 A.M. this date. This information is provided to you as the license issuing authority. Chapter 12-71 provides that the City Council “...may revoke such license at pleasure.” It seems appropriate, and it is suggested that under the present circumstances, the Council review the status of this license. Very truly yours, Peter H. Gilmore City Solicitor Referred to Legal Affairs and Accounts #392 December 13, 2002 Honorable City Council c/o Frances Macdonald, City Clerk 191 Cabot Street Beverly, Massachusetts 01915 Dear Ms. Macdonald: The Beverly Historic District Commission is pleased to submit the attached proposed amendments to Section 3-221. of the City of Beverly Code of Ordinances and to Chapter 10 of the Revised Ordinances of the City of Beverly, 1989. These changes were voted on by the Commission at its October 2, 2002 regular meeting. City Solicitor Peter Gilmore has also had opportunity to review and comment on these amendments. Please find the proposed amendments, Section 3-221. of the City of Beverly Code of Ordinances, Chapter 10 of the Revised Ordinances and corresponding state legislation on Historic Districts, Massachusetts General Law, Chapter 40C for your consideration. Sincerely, William B. Finch, Chair Beverly Historic District Commission Refer to Legal Affairs and Accounts Communications, Applications and Petitions: #393 Application Phil’s Airport Service to run livery service to airport Refer to Legal Affairs and Accounts Reports from Committees : #375 The Committee on Finance and Property to whom was referred the matter of Transfer to Account for roof at North Beverly Fire Station have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request of the Mayor to Transfer Thirty Thousand ($30,000) Dollars from reserve for Unforeseen Expenditures to Fire Department Maintenance to replace the roof at the North Beverly Fire Station 198 8-0 Vote Order read once and adopted #378 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account Water Meters have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request of the Mayor for the Appropriation of Nine hundred thirty seven thousand five hundred ninety six ($937,596) Dollars from Sewer Fund #002 to the Capital Project Fund #588 for the purchase and installation of the Commercial Water Project. 8-0 Vote Order read once and adopted #381 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic re No Parking Judson St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year Two thousand and two An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re No Parking That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Judson St. northerly side, from Cabot Street to Chase Street DELETE: Judson St. northerly side from Cabot Street to Mulberry Street ADD: This ordinance to take effect upon passage according to City Charter. First Passage: November 18, 2002 Final Passage: December 2, 2002 8-0 Vote Ordinance read once and held for final passage as per charter provisions #383 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year Two thousand and two An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re No Parking Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 122 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: (y) No person shall park a vehicle between the hours of 7:00 a. m. and ADD: 3:00 p. m. on Cross Street, westerly side, from Ray Street to opposite #45 Cross Street, Monday through Friday 199 This ordinance to take effect upon passage according to City Charter. First Passage: November 18, 2002 Final Passage: December 2, 2002 8-0 Vote Ordinance read once and held for final passage as per Charter Provisions #389 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement for property at 1 Temi Road have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Mayor be, and the same is hereby authorized to sign the attached subordination agreement for Don Monies at 1 Temi Road as per the attached communications from William O’Hare, Community Development Manager. 8-0 Vote Order read once and adopted #355 The Committee on Public Service and Aid to whom was referred the matter of Request for Linsky Construction to finish County Way have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #357 The Committee on Public Service and Aid to whom was referred the matter of Request to clean end of Cressy Street have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read once and adopted #371 The Committee on Public Service and Aid to whom was referred the matter of request for crosswalk at Webber and River have considered said matter and beg leave to report as follows, to wit: Receive and Place on File 8-0 Vote Order read one and adopted #373 The Committee on Public Service and Aid to whom was referred the matter of Appointment to Beverly Harbor Management Authority have Stella Mae Seamans considered said matter and beg leave to report as follows, to wit: 200 Recommend the Council approve the Appointment 8-0 Vote Order read once and adopted #376 The Committee on Public Service and Aid to whom was referred the matter of Appointment to Beverly Airport Commission have considered said James Danforth matter and beg leave to report as follows, to wit: Recommend the Council Approve the Appointment 8-0 Vote Order read once and adopted #382 The Committee on Public Service and Aid to whom was referred the matter of Request for crosswalk at River and Webber have considered said matter and beg leave to report as follows, to wit: Ordered: That the City take the necessary steps to install a crosswalk and sign on River Street at Webber Ave. 8-0 Vote Order read once and adopted Resolutions: Unfinished Business: Motions and Orders: #394 By Councilor Coughlin: Ordered: That the City enter negotiations with the Archdiocese of Boston to request donation of land on Brimbal Avenue located between Rte 128 and St. Mary’s Cemetery for the purpose of building a fire station. Referred to Public Service and Aid #395 By Councilor Coughlin: Ordered: That the City Electrician consult with Mass Electric regarding improvements to the street lighting near/on crosswalks on Rantoul Street, Cabot Street and Elliott Street between Cabot and Rantoul Streets Referred to Public Service and Aid Meeting adjourned: 835 PM Frances A. Macdonald, CMC City Clerk 201