2002-05-207:15 PM #204 Public Hearing re Capital Improvement Plan
Referred to Finance and Property
7:56 PM #196 Public Hearing Petition of Keyspan Gas main in Hale St.
Referred to Public Service and Aid
7:58PM #195 Petition-Mass Electric-Conduits in Lothrop St.
Referred to Public Service and Aid
Regular Meeting of Beverly City Council May 20, 2002Regular Meeting of Beverly City Council May 20, 2002
Roll Call
:
The following Councilors were present: Costa, Coughlin, Flaherty,
Martin, McGlynn, Morency, Murray, Troubetaris, Guanci
Pledge of Allegiance to the Flag
: Led by Councilor Coughlin
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of May 6, 2002 accepted
Communications from His Honor the Mayor
:
#211
May 20, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
As you may know, the fiscal year 2002 General Fund Budget is out of balance.
With nearly eleven months behind us, the degree of financial trouble is clear. We are
facing a $2.2 Million Dollar problem. Our Revenues will be approximately $768
Thousand less than budgeted and we have identified expenditures lines that are
projected to be approximately $1.4 Million more than budgeted.
To address this very important matter, I have prepared a proposal for your
disposition.
First, I request that the Council reduce the fiscal year 2002 Budget Items
identified in Attachment 1. These line items will have surpluses at June 30, 2002. I am
proposing that we use these surpluses of $811,258.19 to addresses the budget deficit.
These surpluses are the result of the spending freeze put in place on March 14, 2002.
Second, I request that the Council appropriate $581,000.00 from the Overlay
Reserve Account. On May 9, 2002 at my request, the Board of Assessors certified the
excess in prior year Overlay Accounts. No excess was certified from the 2002 Overlay
nor will I request any such certification until all of our requests for abatements and
exemptions are settled.
Third, I request that the Council appropriate $775,000.00 from the Reserved for
Appropriation Account. This reserve is the final balance of General Funds formerly
held at the South Essex Sewer District. The council had appropriated $2.1 million from
the Special Revenue Reserve held at the SESD for the Water Meter Replacement
Project. This $775 Thousand represents the balance available for General Fund
Purposes. I have included an analysis of the SESD Reserve as Attachment 2.
94
Fourth, I request that the Council appropriate the supplementary amount of
$1,399,422.11 to the Budget Lines identified in Attachment 3. This supplementary
appropriation is necessary due in large part to $480 Thousand under budgeted for
Health Insurance and $394 Thousand resulting from the litigation associated with the
Beverly Golf and Tennis management contract.
Fifth, I request that the Council revise the Budgeted Estimates of Receipts by
$767,836.08 as identified in Attachment 4. This vote, while implicit in your prior votes
will merely maintain the balance between budgeted revenues and budgeted
expenditures.
Summary of Fiscal Year 2002 Budget Deficit Plan
Revenue Shortfalls 767,836.08
Attachment 4
Expenditures Projected to be over expended 1,399,422.11
Attachment 3
Total Deficit to be addressed 2,167,258.19
Reductions to Budget items projected surpluses 811,258.19
Attachment 1
Supplemental Appropriation from Overlay Reserve 581,000.00
Supplemental Appropriation from Receipts Reserved for
Appropriation Fund 775,000.00
Attachment 2
Total Sources to address Deficit 2,167,258.19
Finance Director Thomas Durkin and I will be available to address any
concerns or questions you may have as you deliberate on your disposition of this very
important issue. I look forward to your favorable action on my proposals.
Very truly yours,
Thomas M. Crean , Mayor
Referred to Finance and Property
#212
August 16, 2002
City Council
City of Beverly
City Hall
Beverly, Massachusetts 01915
Dear Honorable Council:
As you know, preservation of open space for recreational purposes has been
identified as an important “planning” priority in the City of Beverly. For that reason
the Open Space and Recreation Committee was created. The Open Space and
Recreation Committee has now identified the “Hill” property, so-called, off Common
Lane as a critical part of the preservation effort.
Consequently, I am asking that you order the taking of the property by
eminent domain and award the sum of $140,000.00 as full and fair compensation. If
you approve, then 60 % of the award ($84,000.00) will be paid from a Self-Help grant
provided specifically for this purpose by the Massachusetts Executive Office of
Environmental Affairs. The remainder ($56,000.00) will be paid from the funds of the
Open Space and Recreation Committee.
A suggested Order is enclosed for your consideration. I respectfully request
that you take final action on this matter this evening; the grant funds require that the
taking be voted and recorded on or before June 30, 2002.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
95
#213
May 20, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby recommend that your Honorable Council adopt a Municipal Resolution in
support of the Environmental Bond as requested in the attached communication
from Edward Becker, Executive Director of the Essex County Greenbelt Association.
Very truly yours,
Thomas M. Crean, Mayor
Receive and Place on File
#214
May 20, 2002
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 Settlement Agreements between New England Power Company and the
City of Beverly.
I further request that your Honorable Council take action on this order this evening to
allow the City of Beverly time to submit invoices for expenses to date (roughly
$250,000) and receive payment before June 30 to balance the FY 2002 budget.
Very truly yours,
Thomas M. Crean, Mayor
Referred Legal Affairs and Accounts
#215
May 20, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Laura Wheatley,
10 Judson Street, Beverly, MA 01915, to serve as a Special Police Officer for property
owned by Northeast Health Systems (Beverly Hospital) for the calendar year 2002.
Attached is a letter from the Hospital Director of Security concerning this
appointment. Said appointment has been approved by Police Chief John Cassola.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Public Service and Aid
96
#216
May 20, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The City of Beverly is required to submit a Phase II Stormwater Management Plan to
the Environmental Protection Agency by March 2003. In addition, the Mass.
Department of Environmental Protection has cited the City for high coliform counts in
several brooks.
The DEP has made available to the city a $750,000 low-interest loan for the purpose
of preparing a Stormwater Management Plan to address these issues and prepare a
detailed GIS Stormwater Drain System Map.
The City must appropriate the entire amount to a line item by June 30, 2002 in order
to be eligible for future low-interest financing from the State Revolving Fund (SRF).
Please note that this appropriation will have no anticipated impact on the FY2003
budget and may have no budget impact until FY2005.
I, therefore, respectfully request that an appropriation in the amount of $750,000 be
approved by the City Council in order to finance the preparation of a Phase II
Stormwater Management Plan to begin compliance with the EPA’s impending Phase
II Stormwater Regulations. This will be financed through low-interest borrowing
through the DEP’s low-interest State Revolving Fund in future fiscal years.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#217
May 20, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby submit for your information, the appointment of Mr. Donald Dragt, as the
City Assessor for the City of Beverly, effective April 29, 2002.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#218
May 20, 2002
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby request that Honorable Council adopt the attached language
recommended to us by the Department of Environmental Protection.
97
This language authorizes me as Mayor to file applications pertaining to the $750,000
0State Revolving Loan Program.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
Communications from other City Officers and Boards
#159
May 9, 2002
Honorable City Council
City Hall, 191 Cabot Street
Beverly, MA 01915
RE: Street Acceptance for Meeting Place Circle, Tower Homes, Inc.
Dear Members of the Council:
At a meeting of the Beverly Planning Board on February 12, 2002, members voted
unanimously, on the recommendation of the City’s Engineering Department, to
accept the as-built and acceptance plans for the above-referenced subdivision.
Therefore, the Board recommends that Meeting Place Circle be accepted as a City
street.
Respectfully,
Richard Dinkin, Chairperson
Referred to Legal Affairs and Accounts
Communications, Applications and Petitions
#160
Communication from Verizon withdrawing the proposed conduit placement at
Cabot and Longmeadow Road
Receive and Place on File
#179
Communication re Appointment of Karen Nelson to the Beverly Airport Commission
Refer to Public Service and Aid
#206
Communication from Dept of the State Treasurer re Uncashed Checks
Receive and Place on File
#207
Comm re Fencing at 95 Hale Street
Refer to Legal Affairs and Accounts
98
#208
Communication re Massachusetts Producer Take Back Campaign
Refer to Public Service and Aid
#209
Application-Amusement Device License-Beverly Golf and Tennis Club
Refer to Legal Affairs and Accounts
#210
Comm re planting of shrubs at Pershing Avenue
Receive and Place on File
#211 Late File
Mass Electric 45 Enon St
Referred to Public Service and Aid
Reports from Committees:
#89
The Committee on Finance and Property to whom was referred the matter of
Mayor’s Veto of order #89 re Pershing Avenue have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That order 89 be amended to read that the Salem Beverly Water Supply
Board (was City of Beverly) will purchase 15 arborvitaes to be planted in front of the
fence at Pershing Avenue.
Order Amended on 7-2 Vote (Martin-McGlynn)
6-3 Vote Murray, Martin McGlynn
Received and Placed on File
#116
The Committee on Finance and Property to whom was referred the matter of
Mayor’s Veto of Order #116 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 deny a transfer to account “Planning Department-
Staff Planner.
6-3 Vote Costa, Morency, Coughlin
Order read once and adopted
#187
The Committee on Finance and Property to whom was referred the matter of
Communication from Essex County Greenbelt re Municipal Resolution in support of
Environmental Bond have considered said matter and beg leave to report as follows,
to wit:
99
Submit the accompanying order and recommend its adoption.
Ordered: That the City Council accept the request of the Essex County Greenbelt for
acceptance of the Municipal Resolution in support of an Environmental Bond.
9-0 Vote
Order read once and adopted
#191
The Committee on Finance and Property to whom was referred the matter of Mass
Development Bond Project Shore Country Day School have considered said matter
and beg leave to report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#194
The Committee on Finance and Property to whom was referred the matter of Comm
from Secretary of Environmental Affairs re Notification Form have considered said
matter and beg leave to report as follows, to wit;
Receive and Place on File
9-0 Vote
Order read once and adopted
#198
The Committee on Finance and Property to whom was referred the matter A T & T
Financial Forms have considered said matter and beg leave to report as follows, to
wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#204
The Committee on Finance and Property to whom was referred the matter of
communication re Capital Improvements Plan have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#205
The Committee on Finance and Property to whom was referred the matter of Study
of Traffic Lights at Kernwood Avenue have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#212
The Committee on Finance and Property to whom was referred the matter of Order
of Taking property off Cross Lane have considered said matter and beg leave to
report as follows, to wit:
100
Submit the accompanying order and recommend its adoption
Ordered: That the City of Beverly adopt the attached Order of Taking by Eminent
Domain for property known as the Hill property off Cross Lane and that the award of
$140,000.00 be paid as follows:
60% ($84,000.00) from a Self-Help Grant provided by the Massachusetts
Executive Office of Environmental Affairs; and
40% ($56,000.00) from the funds of the Open Space and Recreation
Committee
9-0 Vote
Order read once and adopted
#134
The Committee on Legal Affairs and Accounts to whom was revered the matter of
Applications for renewals of Second Hand Junk Dealers Licenses have considered
said matter and beg leave to report as follows, to wit:
Recommend the Licenses be granted
9-0 Vote
Order read once and adopted
#161
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance relative to Trees 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 Part II, Chapter 23 Trees
That Part II, Chapter 23 of the Revised Ordinances of the City of Beverly is hereby
amended as follows: by repealing the existing Part II, Chapter 23 in its entirety and
substituting the following.
Chapter 23
Trees
23-1.01 Intent and Purpose
23-1.02 Interdepartmental Coordination and Cooperation
23-1.03 Definitions
23-1.04 Standards and Specifications
23-1.05 City Arborist
23-1.06 Prohibited Acts Regarding Public Trees and Shrubs
23-1.07 Planting, Removal, Maintenance and Protection of Public Trees and
Shrubs
23-1.08 Cost of Planting, Removal, Maintenance and Protection of Public
Trees and Shrubs
23-1.09 Penalties
23-1.10 Severability
23-1.01 INTENT AND PURPOSE
(1) Having Determined that a well managed urban forest provides many benefits to
the City, its residents and visitors, it is hereby declared to be the policy of the City of
101
Beverly, to regulate, finance and control the planting, removal, maintenance, and
protection of trees and shrubs upon or in all public areas of the City in order to:
(a) Promote and enhance the aesthetics and general welfare of the City.
(b) Eliminate and guard against dangerous conditions, which may result in
injury to persons using the public areas of the City.
(c) Prevent damage to any public sewer, water main, street, sidewalk, or
other public property.
(d) Protect trees and shrubs in public areas from undesirable and unsafe
planting, removal, maintenance and protection practices.
(e) Protect all trees and shrubs from the damaging effects of construction,
alteration or repair of utility facilities and other improvements in any
public area.
(f) Guard all trees and shrubs within the City against the spread of
disease, insects, or pests.
(2) The provisions of this ordinance shall apply to all trees and shrubs presently or
hereafter planted in or upon any public area.
23-1.02 INTER DEPARTMENTAL COORDINATION AND
COOPERATION
(1) Due to the complex nature and often conflicting interrelationships between living
plants such as trees, shrubs, and turf, and public improvements such as streets,
sidewalks and underground facilities, it is recognized that there is a need to manage
both plants and improvements in a manner that will minimize conflict and maximize
the benefits to be realized from each.
(2) Therefore, it is hereby declared to be the intent of the City of Beverly that there
shall exist at all times, a policy of open communication and coordination between
the various departments and divisions of City government regarding the
management, installation and maintenance of the plants or improvements for which
they are responsible.
23-1.03DEFINITIONS
(1) In this chapter, unless the context clearly requires otherwise, the following words
and phrases shall be defined as follows:
(a) “City Arborist” shall mean the person designated by the City under section
23-1.05 of this chapter, or his/her duly authorized representative
designated to perform inspection or otherwise enforce the provisions of
this chapter.
(b) “Clear-vision triangle” shall mean a triangle shaped zone formed by the
existing or proposed curb lines of two or more intersecting streets, roads, or
alleys and a third line connecting said curb lines at a distance of thirty (30)
feet in each direction from the point of curb line intersection, in order to
provide vehicular traffic an unobstructed view of cross traffic at
intersections.
(c) “Maintenance and protection” shall include all operations of trimming,
pruning, spraying, injecting, fertilizing, treating, bracing, cabling and
cutting any tree or shrub above or below ground.
(d) “Person” shall mean any individual, firm, partnership, association,
corporation or government entity.
(e) “Public way” shall include all public ways, parks, and other lands owned,
controlled, or leased by the City.
(f) “Tree” shall mean a woody plant usually with a single stem unbranched at
the base, reaching a height of twelve feet or more.
(g) “Shrub” shall mean a woody plant usually with multiple stems branched at
or near the base, reaching a height of less than twelve feet.
(h) “Public trees and shrubs” shall mean any tree or shrub as herein defined,
presently or hereafter planted in or upon any public area.
(i) “Street tree” shall mean any public tree presently or hereafter located in
the public way between the curb and public sidewalk, or between the
curbs of a median strip, or in the equivalent location with respect to future
curb, sidewalk or median strips where such curbs or sidewalks are not yet
installed.
102
(j) “Tree protection zone” shall mean a zone of protected space not less
than four (4) feet high and ten (10) feet square, or at a distance in feet
from the tree trunk equal to the diameter of the trunk at breast height
(D.B.H.) in inches, which ever is greater.
23-1.04STANDARDS AND SPECIFICATIONS
(1) The most recent version of following documents, each in its entirety, are hereby
adopted and made a part of this ordinance upon passage.
(a) ANSI A300-1995 “American National Standard for Tree Care Operations –
Tree, Shrub and Other Woody Plant Maintenance – Standard Practices”
(b) ANSI Z60.1-1996 “American Standard for Nursery Stock”
23-1.05CITY ARBORIST
(1) Powers and Duties. The City Arborist, subject to the direction and supervision of
the Director of Public Services, shall have the following general powers and duties:
(a) To direct, manage, supervise, and control the City’s forestry program to
include the planting, removal, trimming, maintenance, and protection of
all trees and shrubs in or upon all public areas of the City; to supervise
parks department personnel and private contractors in the planting,
removal, trimming, maintenance, and protection of said trees and shrubs.
(b) To cause the provisions of this ordinance to be enforced.
(c) To guard all trees and shrubs within the City against the spread of plant
diseases, insects or pests; to eliminate conditions which may endanger the
life, health, or safety of persons or property.
(d) To use all available means of communication to inform the public
concerning the forestry program and tree and shrub care. The City
Arborist shall, upon request by the owner or occupant of private property,
examine and recommend the proper care or treatment of trees or shrubs,
to be effected by the owner at his expense. There shall be no charge to
the owner for the examination.
(e) Such other powers and duties as are provided by Massachusetts General
Law, Chapter 87 and by ordinances of the City of Beverly.
(2) Authority to Preserve and Remove Public Trees and Shrubs. The City Arborist shall
have the authority to plant, remove, maintain, and protect all public trees and shrubs
or cause such work to be done as may be necessary to preserve the beauty of
public areas, and to protect life and property.
(3) Interference Prohibited. No person shall interfere with the City Arborist or his/her
authorized representative while engaged in the execution or enforcement of this
ordinance.
23-1.06PROHIBITED ACTS REGARDING PUBLIC TREES AND SHRUBS
(1) Injury to Public Trees and Shrubs Prohibited. No person shall, without permission
from the City Arborist, do or cause to be done any of the following:
(a) Secure, fasten, or run any rope, wire, signal, electrical installation or other
device or material to, around or through any public tree or shrub except
in an emergency such as a storm or accident.
(b) Break, injure, mutilate, deface, kill, or destroy any public tree or shrub.
(c) Top or make topping cuts on any public tree.
(d) Permit any toxic chemical, gas, smoke, oil, or other injurious substance to
seep, drain, or be emptied upon or about any public tree or shrub, except
routine winter street maintenance by City Departments.
(e) Excavate any ditch, tunnel, or trench, or lay any drive, sidewalk or other
impermeable surface within the tree protection zone of any public tree or
shrub, without permission from the City Arborist.
(f) Erect, alter, repair, raze, or excavate within the tree protection zone of
any public tree or shrub without placing suitable guards approved by the
City Arborist around such trees and shrubs that may be injured by such
operations.
(g) Remove any guard, stake, or other device or material intended for the
protection or support of any public tree or shrub.
103
(h) Place any earth fill, rock, trash, or other material within the tree protection
zone of any public tree or shrub that may compact or prevent the entry of
air and water to the root zone.
(2) Clear-vision triangle. No tree, shrub, hedge or other growth exceeding thirty (30)
inches in height above street grade shall be permitted in any clear-vision triangle
within the City.
(3) Obstruction of Signs, Signals, Travel. All trees and shrubs located upon any public
way or upon any private premises adjacent to the public way shall be trimmed so
that the lowest projecting branches provide a clearance height of not less than
fourteen (14) feet above the travel portion of a public street, and not less than eight
(8) feet above the public sidewalk. The City Arborist may waive the provisions of this
section for newly planted or naturally low-profile trees if he/she determines that they
do not interfere with public travel, obstruct the light of any streetlight, obstruct the
view of any traffic sign or signal, or endanger public safety.
23-1.07PLANTING, REMOVAL, MAINTENANCE AND PROTECTION OF
PUBLIC TREES AND SHRUBS
(1) No person shall plant, remove, maintain or protect any public tree or shrub, or
cause such work to be done without obtaining permission from the City Arborist.
(2) Any person desiring to plant, remove, maintain or protect any pubic tree or shrub
shall request in writing to the City Arborist for approval to perform such work. Such
request shall specify the location and description of the proposed work. If the City
Arborist determines that the proposed work is necessary and in accord with the
purposes of this ordinance, taking into account the safety, health, and welfare of the
public, location of utilities, public sidewalks, driveways and streetlights, general
character and aesthetic quality of the area in which the tree or shrub is located or
proposed to be located, and the soil conditions and physiological needs of the tree
or shrub, he/she shall approve the request.
(3) Any person aggrieved by the decision of the City Arborist to permit or deny a
request to plant, remove, maintain or protect any public tree or shrub may request a
review of that decision by the Committee on Public Service and Aid of the City
Council. The Committee on Public Service and Aid shall establish a written
procedure for such a review and its decision shall be final.
(4) The Forestry Department develops and maintains a list of desirable trees for
planting along streets. Efforts shall be made to ensure a sufficient diversity of tree
species.
(5) Arboricultural Specifications and Standards. The following specifications and
standards are hereby established for the planting, pruning, and removal of all public
trees and shrubs within the City
(a) Planting
1. No tree shall hereafter be planted which is less than one and one-
half (11/2) inches in diameter at six (6) inches above the ground
2. No street tree shall be planted less than ten (10) feet from any
driveway or fire hydrant, or within the designated clear-vision
triangle or less than thirty (30) feet from any street corner,
whichever is greater.
3. All street trees hereafter planted shall be spaced not less than
twenty-five (25) feet apart except that a tree planted for the
purpose of future replacement of an existing declining tree may
be planted less than twenty-five feet from the declining tree. The
actual spacing, location, and alignment of street trees shall be
determined by the City Arborist based on the mature size of the
species to be planted and the specific site limitations.
4. The following shall not be planted in the public ways of the city:
any conifer, any species of the genus Poplus, any Ailanthus,
Catalpa, Mountain Ash, Box Elder, Silver Maple, Willow, White Bark
Birch, Black Locust, or such other species that shall be determined
to be unsuitable for street planning.
(b) Pruning
104
1. All pruning of public trees and shrubs shall conform with the
standards set forth in ANSI A300 or the most recent version thereof
as adopted in section 23-1.04 of this ordinance
2. It shall be unlawful as a normal practice for any person, firm, or city
department to top any street tree, park tree, or other tree on
public property. Topping is defined as the severe cutting back of
limbs to stubs larger than three inches in diameter within the tree’s
crown to such a degree so as to remove the normal canopy and
disfigure the tree. Trees severely damaged by storms or other
causes, or certain trees under utility wires or other obstructions,
where other pruning practices are impractical may be exempted
from this ordinance at the determination of the City Arborist.
(c) Removal
1. The Forestry Department may remove or order to be removed, any
tree or part thereof which is in an unsafe condition or which by
reason of its nature is injurious to sewers, electric power lines, gas
lines, water lines, or other public improvements, or is affected with
any injurious fungus, insect, or other pest.
2. Trees shall be completely removed from the growing site and
disposed of in the proper manner. Any person or firm engaged in
the removal of any public tree or shrub shall have the necessary
limits of insurance and shall be held liable for any injury or damage
to persons or property.
3. Stumps and roots that elevate sidewalks and/or boulevards shall
be removed from the growing site by grinding or other means to a
depth suitable for the future planting of trees, shrubs, or turf. The
hole created by removal of a stump shall be filled to the level of
surrounding grade with mineral topsoil, tamped to prevent settling
and seeded with mixture of grass species appropriate for the site.
(d) Spraying, injecting, fertilizing, bracing, cabling or other arboricultural
operations or treatments shall be performed in a neat and professional
manner according to accepted arboricultural standards and in
compliance with all laws governing the use of pesticides.
23-1.08COST OF PLANTING, REMOVAL, MAINTENANCE, AND PRTOTECTION OF PUBLIC
TREES AND SHRUBS
The entire cost of planting, removal, maintenance, and protection of trees and
shrubs in all public areas of the City when performed by department employees or
their contractors at the direction of the City Arborist, shall be borne by the City out of
the departments budgets, or from funds donated or otherwise acquired for this
purpose. When a private party other than the city plants, removes, maintains, or
protects public trees or shrubs pursuant to Section 23-1.04 of this ordinance, said party
shall incur all expenses connected therewith.
23-1.09PENALTIES
Any person violating any provision of this ordinance shall be, upon conviction or a
plea of guilty, subject or a fine not to exceed $1,000. In addition to a fine, the City
may require restitution for the fair market value of the tree(s) and/or shrub(s) that
were damaged or destroyed as a result of violation of this ordinance.
23-1.10SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any
reason held to be invalid or unconstitutional by reason of any decision of any court of
competent jurisdiction, such decision will not affect the validity of any other section,
subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that
any one or more sections, subsections, sentences, clauses, phrases or portions thereof
may be declared invalid or unconstitutional.
Ordinance to take effect upon passage as per Charter Provisions
First Passage: May 20, 2002
Final Passage: June 3, 2002
105
#181
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance MV & T re Stop Sign on Colby Road at Dartmouth Street have considered
said matter and beg leave to report as follows, to wit
Submit the accompanying ordinance and recommend its adoption
In the year Two thousand and two
An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Stop
Signs
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and
the same is hereby amended as follows:
ADD:
C14 Sec, 86, Colby Road, southeasterly drivers on Colby Road at Dartmouth
Street
This ordinance to take effect upon passage according to City Charter.
First Passage: May 20, 2002
Final Passage: June 3, 2002
9-0 Vote
Order read once and Adopted
#182
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Pawnbrokers License Fred Ambrosini 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
#183
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Second Class MVDL, Bridgeside Cycles, 8 Cabot Street 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
#186
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Communication relative to the taking of the Lotito Property have considered said
matter and beg leave to report as follows, to wit;
Receive and Place on File
9-0 Vote
Order read once and adopted
#197
106
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Fortune Tellers License Liz Pettersen 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
#199
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application for Fortune Tellers License James Miller have considered said matter and
beg leave to report as follows, to wit:
No Further Action
9-0 Vote
Order read once and adopted
#214
The Committee on Legal Affairs and Accounts to whom was referred the matter of
settlement agreements between City and New England Power 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 Authorize the Mayor to sign the attached Settlement
Agreements between the City of Beverly and New England Power Company as per
the request of Mayor Crean.
9-0 Vote
Order read once and adopted
#94
The Committee on Public Service and Aid to whom was referred the matter of
Comm re inventory of historical artifacts owned by the City have considered said
matter and beg leave to report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#171
The Committee on Public Service and Aid to whom was referred the matter of
Petition of Verizon re conduits Cabot and Dodge Street have considered said matter
and beg leave to report as follows, to wit:
Receive and Place on File
9-0 Vote
Order read once and adopted
#195
The Committee on Public Service and Aid to whom was referred the matter of a
Petition of Mass Electric for a conduit and pole in Lothrop Street, have considered
said matter and beg leave to report as follows, to wit:
Recommend the Petition be Granted
9-0 Vote
Order read once and adopted
#196
107
The Committee on Public Service and Aid to whom was referred the matter of a
Petition of Keyspan for 2000 feet of 6 inch gas main in Hale Street have considered
said matter and beg leave to report as follows, to wit:
Recommend the Petition be Granted
9-0 Vote
Order read once and adopted
#202
The Committee on Public Service and Aid to whom was referred the matter of
Easement Mass Electric Hale and Vine Streets have considered said matter and beg
leave to report as follows, to wit:
Recommend the Easement be granted
9-0 Vote
Order read once and adopted
#211
The Committee on Public Service and Aid to whom was referred the matter of
Petition-Mass Electric for conduit in sidewalk at 45 Enon 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 Council of the City of Beverly will hold a public hearing
on Monday June 3, 2002 at 7:58 PM in Council Chamber, 191 Cabot Street, Beverly,
MA 01915 relative to a petition of Mass Electric for a conduit in the sidewalk at 45
Enon Street.
9-0 Vote
Order read once and adopted
Resolutions:
Unfinished Business:
#162 Ordinance MV & T Stop Sign Lindsey Ave.
#164 Ordinance MV & T No Parking Cabot at County
Motions and Orders:
#219
By Councilor Flaherty:
Ordered: That an ordinance be created that all new and remodeled construction
under 25,000 square feet in any zoning district be built in a New England style
structure to be determined by the Design Review Board.
Referred to Legal Affairs and Accounts
#220
By Councilor Flaherty:
Ordered: That the City of Beverly establish a beautification committee that will be an
advisory board to the Mayor to offer assistance and make recommendations for
improvements to the overall appearance in the City of Beverly.
Referred to Public Service and Aid
Meeting adjourned: 10:05 PM Frances A. Macdonald, CMC
City Clerk
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