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2003-01-21Regular Meeting of Beverly City Council Jan. 21, 2003Regular Meeting of Beverly City Council Jan. 21, 2003 Roll Call : Ronald Costa, William Coughlin, Timothy Flaherty, Donald Martin, Virginia McGlynn, Roger Morency, John Murray, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Coughlin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of January 6, 2003 Communications from His Honor the Mayor : #33 January 17, 2003 Beverly City Council City of Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following persons to serve as members of the Harbor Management Authority: Mr. Timothy Birner 61 Middlebury Lane His term will be effective until December 31, 2003. Mr. Greg Ward 31 Highwood Road Manchester By the Sea, MA 01944 His term will be effective until December 31, 2004 Please waive the residency requirement as to the appointment of Mr. Greg Ward. Mr. Ward has operated Ward’s Florist and Greenhouse, at 53 Cabot Street, Beverly, MA for over 25 years, and he possesses an extensive knowledge of Beverly’s waterfront and will be a valuable member of this Authority. Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid #34 January 17, 2003 Beverly City Council City of Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following persons to serve as members of the Airport Commission: Peter Simpson 7 Thomas Road Term to expire on 12/31/2005 13 Paul Lydon 46 Livingstone Ave. Term to expire on 12/31/2005 Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid #35 January 17, 2003 Beverly City Council City of Beverly City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following persons to serve as members of the Golf & Tennis Commission: Eileen Duff 39 Baker Ave. (Designee from Conservation Commission) Term expires on January 31, 2006 Kevin Hobin 6 Gardner Street Term expires on January 31, 2006 Marianne Doane 18 Clifton Avenue Term expires on January 31, 2006 Very truly yours, Thomas M. Crean, Mayor Referred to Public Service and Aid #36 January 21, 2002 Beverly City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property located at 39 Cabot Street, Beverly, MA owned by Mr. Michael Tierney. Attached is a communication from William O’Hare, Community Development Manager, concerning this request. Very truly yours, Peter H. Gilmore, Acting Mayor Referred to Legal Affairs and Accounts #37 January 21, 2003 Beverly City Council 191 Cabot Street Beverly, Ma 01915 14 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Frank P. Salvo, 24 Riverview Avenue, Danvers, MA to serve as a Constable of Beverly for the express purpose of serving Civil Process. His term will expire on January 30, 2006. This application for appointment has been reviewed and approved by Police Chief John Cassola. Very truly yours, Peter H.Gilmore, Acting Mayor Referred to Legal Affairs and Accounts #38 January 21, 2003 Beverly City Council City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that the rate charged for water consumption be increased to two dollars and ninety cents ($2.90) for every hundred cubic feet and that the rate charged for sewer use be decreased to three dollars and thirty-one cents ($3.31) for every hundred cubic feet effective upon adoption. Further, I hereby request that effective July l, 2003, the rate charged for water consumption be increased to two dollars and ninety-eight cents ($2.98) for every hundred cubic feet and that the rate charged for sewer use be increased to three dollars and sixty-three cents ($3.63) for every hundred cubic feet. These changes are necessary to support the utilities. Mayor Crean welcomes the opportunity to present his five-year plan for the Water and Sewer Funds. This plan has been developed to insure that the utilities operate with positive year-end balances in order to adequately provide for the operating and capital needs of our utilities; and most importantly, to protect the affordability of these vital services for our ratepayers. Please schedule a Public Hearing on this matter at your first convenience. Very truly yours, Peter H. Gilmore, Acting Mayor Referred to Finance and Property Communicationsfrom other City Officers and Boards #39 Jan. 13, 2003 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, The following police reserve officers have been appointed as permanent full time police office for the City of Beverly as of Monday, January 13, 2003. 15 Richard Russo Michael Boccuzzi Daniel Brown Frank Wojick Chief John A. Cassola Receive and Place on File #40 Jan. 13, 2003 City Council City of Beverly City Hall Beverly, MA 01915 Dear Mayor Crean and Members of the Council: On Thursday, January 7, 2003 the Beverly Parks and Recreation Commission voted to approve a Pilot Program, which allows dogs into the city parks during the summer months, and explore options of an off-leash area. The details of this program are attached. The Pilot Program is the product of the meetings of the Subcommittee of the Parks and Recreation Commission and Beverly Animal Resources Coalition (BARC). The commission would like to acknowledge the members of the Subcommittee: Kevin Hobin – Co-Chair Bill Collins – Co-Chair Patti Adams, Bruce Doig, Matt Bangert, Donna Furse, Bob Jerin, June VanKnowe, Joe Paluzzi, Deb Davis, Gary Simpson. The commission would also like to acknowledge the interest and input from members of the community that were in attendance at the meeting. Thank you for your interest in this matter. Bruce Doig, Chairman Beverly Parks and Recreation Commission Referred to Public Service and Aid Communications, Applications and Petitions: #41 Comm. from MassDevelopment Finance Agency relative to property at 74 Cabot Street and 15 Broadway Receive and Place on File #42 Comm from Town of Norton Board of Selectmen re Comprehensive Permit Developments-Revisions to G. L. c.40B 20-23 Receive and Place on File 16 #43 Application Class II MVDL-Hillers Auto Sales Referred to Legal Affairs and Accounts #44 Application Class II MVDL-H & D Auto Sales Referred to Legal Affairs and Accounts #45 Application Class II MVDL-Beverly Foreign Car Service, Inc. Referred to Legal Affairs and Accounts #46 Petition Mass Electric for manhole and duct system in Boyles, Foster, Thissell, Hale, West, Oak Streets and Common Lane. Referred to Public Service and Aid 22 Reports from Committees : #11 The Committee on Finance and Property to whom was referred the matter of Loan Order for rebuilding of Beverly High 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 returned to Committee #12 The Committee on Finance and Property to whom was referred the matter of Loan Order for Beverly High School Schematic Design 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 returned to Committee #16 The Committee on Finance and Property to whom was referred the matter of Comm. Re Henderson Road Area Development 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 17 #24 The Committee on Finance and Property to whom was referred the matter of Mayor’s Budget Plan have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted #31 The Committee on Finance and Property to whom was referred the matter of Communication re estimate for BHS renovations have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the School Committee/Superintendent of Schools provide the City Council with a comprehensive report providing cost estimates for the remainder of repairs/alterations at the high school to be in compliance with the New England Association of Schools and Colleges evaluation report of 2000. 7-2 Vote to return to Committee Murray, Martin Against Order read once and adopted #39 The Committee on Finance and Property to whom was referred the matter of Water/Sewer Rates have considered said matter and beg leave to report as follows, to with: Submit the accompanying order and recommend its adoption Ordered: That the City Council hold a public hearing on Monday, February 3, 2003 at PM in Council Chamber, 191 Cabot Street Beverly, MA relative to the setting of Water/Sewer rates as per the attached communication from Peter H. Gilmore, Acting Mayor. First Passage: January 21, 2003 Public Hearing: Feb. 3, 2003 Final Passage: Feb. 3, 2003 9-0 Vote Order read once and adopted #10 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance amendment-Airport Commission 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 Three An Ordinance amending an ordinance entitled Article III, Commission, Sec 3-26 Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 3, Section 26 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: in paragraph(a) of said Sec. 3-26 “consisting of eleven (11) members and DELETE: Paragraph 2 (b) in its entirety “consisting of nine (9) members, seven (7) members of whom shall be ADD: appointed subject to review and recommendation of the City Council, by the Mayor of the City of Beverly and (2) of whom shall be residents of the Town of 18 Danvers recommended by the Selectmen of the Town of Danvers; however, these appointments of Danvers shall be made solely in the discretion of the Mayor and City Council as provided for in the City Charter. This ordinance to take effect upon passage according to City Charter. First Passage: Jan. 21, 2003 Final Passage: Feb. 3, 2003 9-0 Vote Order read once and held for final passage as per charter provisions #13 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Two Hour Parking Hale 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 Three An Ordinance amending an ordinance entitled Motor Vehicles and Traffic re Two Hour Parking Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 126 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Hale Street, northwesterly side, from Everett Street to West Street ADD: This ordinance to take effect upon passage according to City Charter. First Passage: January 21, 2003 Final Passage: February 3, 2003 9-0 Vote Order read once and held for final passage as per charter provisions #18 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Class I MVDL-Thomas Ford 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 #19 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Class II MVDL-Peoples Cars 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 19 #21 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Second Hand Junk Dealers License Rerun Boutique and Forman Wear 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 #23 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Class II MVDL-Beverly Auto Top Upholstery 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 #36 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement, Michael Tierney, 39 Cabot Street, Beverly, MA 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 SUBORDINATION AGREEMENT for Michael Tierney, 39 Cabot Street, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #47 369-02 The Committee on Public Service and Aid to whom was referred the matter of Trash Cans on Rantoul 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 #48 407-02 The Committee on Public Service and Aid to whom was referred the matter of communication relative to the Gurnard Site 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 #1 The Committee on Public Service and Aid to whom was referred the matter of appointment to Open Space and Recreation Committee of Paul Knight have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted 20 #6 The Committee on Public Service and Aid to whom was referred the matter of appointment to Parks and Recreation Commission, Lisa McFadden, Kevin Hobin and Lauren young have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #7 The Committee on Public Service and Aid to whom was referred the matter of appointment to the Board of Health, Frank Carbone have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #8 The Committee on Public Service and Aid to whom was referred the matter of appointment to the Board of Trustees of the Beverly Public Library, John Young have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 9-0 Vote Order read once and adopted #17 The Committee on Public Service and Aid to whom was referred the matter of Communication from Beverly Animal Resource Coalition 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 #46 The Committee on Public Service and Aid to whom was referred the matter of Petition of Mass Electric for work in Beverly Farms area 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 will hold a public hearing on Monday, February 3, 2003, at 7:55 PM in Council Chamber, 191 Cabot Street, Beverly, MA relative to a petition of Mass Electric for the installation of Manhole and Duct system in Boyles, Foster, Thissell, Hale, West, Oak Streets and Common Lane. Order read once and adopted 21 Unfinished Business: Resolutions: Eagle Scout-Aaron Shaw Motions and Orders: #50 By Councilor Morency Ordered: That the Mayor, in conjunction with the P.I.L.O.T. Committee (payment in lieu of taxes), convene a conference of as many of the non-profit entities in the city as possible to , cajole, or pressure them into committing financial assistance to the City beg of Beverly in these difficult times. Beg was removed 9-0 Vote Recommend adoption of the amended order #51 By Councilor Morency Ordered: That the Mayor, the City Council, the Building Inspector and the Chairman of the Building Commission be given a tour of the High School with a view toward ascertaining the scope of repairs needed to maintain the building in such condition that the academic mission is fulfilled and enhanced. Referred to Public Service and Aid #52 By Councilor Guanci: Ordered: That the city Human Resource Director Tom L’Italien appear before the City Council regarding the ongoing contract negotiations. 9-0 Vote Recommend adoption of the order #53 By Councilor Troubetaris: Ordered: That Kathy Skrabut be reappointed as the Ward One representative as a member of the Open Space Commission 9-0 Vote Recommend approval of the appointment Meeting adjourned: 10:10 PM Frances A. Macdonald, CMC City Clerk 22