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2003-09-15#244 6:30 PM Public Hearing re Home Rule Petition-Health Insurance Referred to Legal Affairs ad Accounts #255 7:10 PM Public Hearing Appro. To Acct BHS Renovations Referred to Finance and Property #250 7:40 PM Public Hearing Appro. From Acct. Handicap parking Fines Referred to Finance and Property #253 7:45 PM Public Hearing Appro. From acct. Handicap parking for curb cuts Referred to Finance and Property #240 7:50 PM Public Hearing Authorization to borrow ($3,700,000) Referred to Finance and Property Regular Meeting of Beverly City Council Sep 15, 2003Regular Meeting of Beverly City Council Sep 15, 2003 Roll Call : Councilors Present: 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 Murray Appointments: Acceptance of Minutes of Previous Meeting: Meetings of September 2, 2003 Communications from His Honor the Mayor : #161A September 8, 2003 Beverly City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable City Council, Due to the concerns of several citizens, I am returning Order No. 161 passed by you at the meeting of the Council on September 2, 2003, relative to limiting the use of motorized scooters in the City of Beverly. I have vetoed this order, and I ask that you consider the following: I suggest that you amend the Ordinance to allow for a special permitting process under the direction of the Police Chief. The Special Permit would allow for certain exceptions under the authority of the Police Chief for uses that he deems reasonable. A couple of the exempt uses that I would like included are: (1) the use of electric scooters by those delivering newspapers in the City; and (2) adults who use scooters as part of their daily commute to the train station. Thank you, Thomas M. Crean, Mayor PS I have supplied you with one email that I have received concerning this matter. I have had other input from citizens opposed to this ordinance due to the hardship it would place upon them. Referred to Legal Affairs and Accounts 155 #283 September 15, 2003 Beverly City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Louis Ambrosini, 200 North Street, Danvers, MA 01923 to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. His application for appointment has been approved by Police Chief John Cassola. His term will be effective until October 1, 2006. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts #284 September 15, 2003 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the persons who are named on the attached list as Special Police in the City of Beverly for the coming school year. Very truly yours, Thomas M. Crean, Mayor 9-0 Vote Recommend approval of the Appointments #285 September 15, 2003 Beverly City Council City of Beverly 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 22 Bisson Street owned by Mr. and Mrs. Scott St. Hilaire. Attached is a communication from William O’Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts 156 #286 September 15, 2003 Beverly City Council City of Beverly 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 20 Blaine Avenue owned by Mr. Anthony Spardorcia. Attached is a communication from William O’Hare, Community Development Manager, concerning this request. Very truly yours, Thomas M. Crean, Mayor Referred to Legal Affairs and Accounts Communications from other City Officers and Boards #287 September 5, 2003 To Whom It May Concern: The following people have been appointed and confirmed by civil service as permanent reserve officers for the City of Beverly. Walter Patterson Michael Backstrom Michael Marino Jeffrey Tache April Clarizia Scott Leblanc Darlene Prinz Brian Deschenes William Barror John A. Cassola, Chief of Police Receive and Place on File Communications, Applications and Petitions: #288 Claim-Donald Hannable, 96 Bisson Street, plugged drain in street Receive and Place on File Refer to City Solicitor #289 Nomination of Pam Kampersal as Ward Five representative to the Open Space and Recreation Committee. Her term will expire August 31, 2005 9-0 Vote Order read once and approved #290 Communication from Mary E. Grant, State Representative re House Bill 386-proposed change in membership of the Salem/Beverly Water Supply Board Referred to Legal Affairs and Accounts 157 Reports from Committees : #78 The Committee on Finance and Property to whom was referred the matter of Settlement Agreement and release 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 Mayor be and the same is hereby authorized to sign the attached Settlement Agreement and Release which will allow New England Power to move forward with the mediation of the Vitale site and for the City to recover the sum of $200,000. 9-0 Vote Order read once and adopted #240 The Committee on Finance and Property to whom was referred the matter of Appropriation to Borrow 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 accept the request of the Mayor authorizing the borrowing of the sum of Three Million Seven Hundred thousand Dollars which represents a refinancing of existing debt at a lower interest. First Passage: July 14, 2003 Public Hearing: Sep 15, 2003 Final Passage: Sep 15, 2003 8-1 Vote Costa voting against Order read once and adopted #250 The Committee on Finance and Property to whom was referred the matter of Appropriation to Account, ADA Coordinator 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 appropriate the sum of Nine Thousand Nine Hundred Dollars from the Handicap Parking Fine Fund for the purpose of funding the office of the ADA Coordinator, Arthur Daignault First Passage: Sep. 2, 2003 Public Hearing: Sep. 15, 2003 Final Passage: Sep. 15, 2003 9-0 Vote Order read once and adopted #253 The Committee on Finance and Property to whom was referred the matter of appro. From account “Handicap Parking Fine for Curb Cuts 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 appropriate the sum of seven Thousand Five Hundred Dollars from the Handicap Parking Fine Fund for the construction of curb cuts in the down town area. 158 First Passage: Sep. 2, 2003 Public Hearing: Sep. 15, 2003 Final Passage: Sep. 15, 2003 9-0 Vote Order read once and adopted #255 The Committee on Finance and Property to whom was referred the matter of appropriation re Beverly High School 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 City Council accept the request of the Mayor authorizing the appropriation in the amount of two million two hundred sixty five thousand seven hundred seventy four dollars and seventy five cents from Capital Project Accounts for the balances of the additions and renovations to the Cove and Hannah Elementary Schools. First Passage: Sep 2, 2003 Public Hearing: Sep 15, 2003 Final Passage: Sep 15, 2003 8-1 Vote Costa Against Order read once and adopted #291 The Committee in Finance and Property relative to the matter of the appointment of a Financial Analyst, the committee recommends the name of Kathy Griffin and recommend the council approve the appointment as per the attached agreement 9-0 Vote Order read once and adopted #246 The Committee on Legal Affairs and Accounts to whom was referred the matter of Appointment-Planning Board-Donald Walter 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 #251 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re Article 5, Administrative Organization 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 hold a public hearing on Monday, October 6, 2003 at 7:30 PM, in Council Chambers, 191 Cabot Street, Beverly, MA relative to Article 5 Administrative Organization, Section (b) Administrative Code of the Beverly Home Rule Charter. Copies of the Administrative Code, the Organizational Chart and the Mayor’s Statement in support of the Administrative Code are on file in the City Clerk’s Office. 9-0 Vote Order read once and adopted 159 #260 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance MV & T No Parking-Moulton Court 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 No Parking Be it ordained by the city council of the City of Beverly as follows: That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Moulton Court, both sides, entire length ADD: This ordinance to take effect upon passage according to City Charter First Passage: Sept. 15, 2003 Final Passage: Oct. 6, 2003 9-0 Vote Ordinance read once and held for final passage as per charter provisions #261 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 three An Ordinance amending an Ordinance entitled Motor Vehicles and Traffic re Do Not Enter 4-6 PM Tremont at Ellsworth Be it ordained by the city council of the City of Beverly as follows: That Chapter 14, Section 94 (d) (7) of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Tremont Street, DO NOT ENTER, from Ellsworth Ave., 4:00 PM to 6:00 PM ADD: This ordinance to take effect upon passage according to City Charter First Passage: Sept. 15, 2003 Final Passage: Oct. 6, 2003 9-0 Vote Order read once and held for final passage as per charter provisions #262 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 three An ordinance amending an Ordinance entitled Motor Vehicles and Traffic re No Parking June to October 160 Be it ordained by the city council of the City of Beverly as follows: That Chapter 14, Section 121 (4) of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: Grove Street, both sides, June first until October first ADD: This ordinance to take effect upon passage according to City Charter First Passage: Sept. 15, 2003 Final Passage: Oct. 6, 2003 9-0 Vote Order read once and held for final passage as per charter provisions #266 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for Second Hand Junk Dealers License-Strawberries 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 #267 The Committee on Legal Affairs and Accounts to whom was referred the matter of application for Second Hand Junk Dealers License - Jennerations 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 #268 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application Second Hand Junk Dealers License-Retro Vixen 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 #269 The Committee on Legal Affairs and Accounts to whom was referred the matter of request to increase number of cars on lot at 60 Dodge 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 DENY the request of Paula Letourneau to increase the current inventory to 25 vehicles at her business at 60 Dodge Street. 9-0 Vote Order read once and adopted #279 The Committee on Legal Affairs and Accounts to whom was referred the matter of request to review Pawnbrokers Ordinance 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 161 #285 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement for Scott St. Hilaire, 22 Bisson Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the attached SUBORDINATION AGREEMENT for Scott St. Hilaire for property at 22 Bisson Street, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #286 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement Spardorcia 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 Anthony Spardorcia for property at 20 Blaine Avenue, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #247 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Council on Aging-Pietro Nuccio 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 #248 The Committee on Public Service and Aid to whom was referred the matter of Appointment-Council on Aging-Mary Lou Mital 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 #277 The Committee on Public Service and Aid to whom was referred the matter of request for speed limit signs, River Street have considered said matter and beg leave to report as follows, to wit: Ordered: That 3 - 30 MPH speed limit signs be installed between Moynihan Lumber and School Street 9-0 Vote Order read once and adopted 162 #278 The Committee on Public Service and Aid to whom was referred the matter of request for cross walks at River and Webber have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That crosswalks be installed across Webber at River and across River at Webber. 9-0 Vote Order read once and adopted Unfinished Business: Resolutions: Motions and Orders: #292 By Councilor Coughlin: Ordered: That the City of Beverly adopt a policy recognizing the need to create affordable housing. This policy shall be considered with regard to any new development and /or redevelopment as well as by instituting ordinances to support this effort Referred to Legal Affairs and Accounts #293 By Councilor Guanci Ordered: That the Ordinance entitled Licenses and Business Regulations, Article VI, Pawnbrokers be amended as follows: Sec 12-147 Maximum rates of interest; extra charges prohibited. DELETE: (a) five percent a month (b) three percent a month and insert: (a) ten percent a month (b) the percent a month Referred to Legal Affairs and Accounts #294 By Councilor Flaherty: Ordered: That the city of Beverly’s beautification committee recommend the removal of the evergreen tree and the two trees in front of city hall. Three trees that are appropriate for this area will be planted. Referred to Public Service and Aid Meeting adjourned: 11:02 PM Frances A. Macdonald, CMC City Clerk 163 164