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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 108 109