2003-03-03
7:00 PM Thomas L’Italien re Council Order
7:05 PM Gary Lambert re responsibilities of City Government
7:15 PM Joint Public Hearing with Planning Board re Zoning Amendments-Definitions and Signs
Referred to Planning Board
7:58 PM Public Hearing Verizon
Referred to Public Service and Aid
Regular Meeting of Beverly City Council Mar. 3, 2003Regular Meeting of Beverly City Council Mar. 3, 2003
Roll Call
:
Ronald Costa, William Coughlin, Timothy Flaherty, Donald Martin, Virginia
McGlynn, Roger Morency, Maureen Troubetaris, Paul Guanci. Councilor Murray was
absent
Pledge of Allegiance to the Flag
: Led by Councilor Martin
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of February 3, 2003
Communications from His Honor the Mayor
:
#74
March 3, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I enclose for your review a letter over the signature of Richard F. Pierce, Fire Chief of the
Beverly Fire Department, in which he proposes increasing the Permit and Fees charged
by the Fire Prevention Office.
These fees have been reviewed and approved by the Solicitor’s office.
I enclose these fees for your review and approval.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
#75
March 3, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
39
I hereby appoint, subject to your review and recommendation, Jane S. Brusca, 11
Greenwood Avenue, to serve as a member of the Design Review Board. Ms. Brusca is
filling the position formerly held by Margaret O’Brien.
Ms. Brusca is presently a member of the Zoning Board of Appeals, and she will be the
representative of that Board on the Design Review Board
Her term will expire on December 1, 2003.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Legal Affairs and Accounts
#76
March 3, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review, William T. Betts, 38 Ashton Street, to serve as a
member of the Planning Board. Mr. Betts will replace Barry Sullivan.
Mr. Betts term will expire on December 31, 2003.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Public Service and Aid
#77
March 3, 2003
Beverly City Council
City Hall
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 75 Cabot Street owned by the Ms.
Lauren Gauthier.
Attacked 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
#78
March 3, 2003
Beverly City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
40
Request is hereby made for authorization 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 $200,000.00.
This Settlement Agreement has been reviewed and approved by the Law Department of
the City.
Very truly yours,
Thomas M. Crean, Mayor
Referred to Finance and Property
Communicationsfrom other City Officers and Boards
#79
February 12, 2003
Dear Honorable City Council:
Under G. L. Chapter 140 §78, cities that grant licenses to pawnbrokers must develop
regulations “to the satisfaction of the Commissioner of Banks”, which regulation shall
include the maximum rate(s) of interest allowed. The City of Beverly’s Ordinance relative
to PAWNBROKERS has been submitted to the Commissioner of Banks and will not be
approved until our Ordinance contains this required provision. The Commissioner of
Banks has also suggested a couple of minor changes/additions to our ORDINANCE that
more specifically address statutory requirements.
The attached is submitted to the Council for its consideration.
Very truly yours,
Peter Gilmore, City Solicitor
That Chapter 12, Article VI, PAWNBROKER of the Revised Ordinances of the City of
Beverly 1989, be, and the same is hereby amended as follows:
DELETE Sec. 12-144 Books to be kept in its entirety and substitute a new Sec. 12-144 to
read as follows:
“Sec. 12-144. Books and records to be maintained; retention of articles.
Every person licensed to carry on the business of pawnbroker shall keep a book
at his place of business, in which he shall, at the time of making a loan, enter in the
English language a detailed description of every article purchased or taken in pawn at
the time of receiving it, particularly describing any prominent or descriptive marks, and
the name, age, and residence (by street and number) of the person from whom, and
the day and hour when, he purchased it, and the amount paid therefore or loaned
thereon including the monthly interest rate for such loan, and the number of the pawn
ticket.
Every pawnbroker shall photograph any person pawning or pledging articles and
shall keep such photographs with said books as part of his records.
Articles deposited in pawn with a licensed pawnbroker shall, unless redeemed,
be retained by him on the premises in accordance with G. L. Chapter 140 §71.”
Add a new Sec. 12-147 as follows:
“Sec. 12-147. Maximum rates of interest; extra charges prohibited.
Licensed pawnbrokers may charge no more than the following rates of interest:
(a) For loans up to and including twenty-five dollars ($25), five percent a
month (and each fraction thereof at the same rate).
41
(b) For loans over twenty-five dollars ($25), three percent a month (and each
fraction thereof at the same rate).
No such pawnbrokers shall charge or receive any greater rate of interest and
interest shall be determined on the precise sum advanced by the lender.
No pawnbroker shall make or receive any extra charge or fee for storage, care of
safekeeping of any goods, articles or thing pawned with him.”
Add a new Section 12-148 to read as follows:
“Sec. 12-148. Firearms.
No pawnbroker shall loan money secured by deposit or pledge of a firearm, rifle,
shotgun or machine gun.
No pawnbroker shall hold a license to sell, rent, or lease a firearm, rifles, shotguns,
or machine guns.”
Add a new Section 12-149 to read as follows:
“Sec. 12-149. Stolen Property.
If any goods or articles pawned or pledged and in the possession of a
pawnbroker are subsequently determined to be stolen property by a member of the
Beverly or State Police Department, or if the rightful owner identifies property in the
possession of a pawnbroker and the property so identified is confirmed to be stolen
goods by a member of the Beverly or State Police Department, upon direction by the
Beverly or State Police Department, said property shall be forthwith returned to the
rightful owner or delivered to such member of the Beverly or State Police Department at
no cost to such owner.”
Referred to Legal Affairs and Accounts
#80
Communication from ADA Coordinator re accessibility at public meetings
Receive and Place on File
#81
February 14, 2003
City Council
Enclosed please find a list of potential and pending litigation against the City of Beverly
this year and a list of Lawsuits settled in 1002/2003.
If you have any questions, please contact me.
Sincerely,
Peter H. Gilmore, City Solicitor
Referred to Legal Affairs and Accounts
#82
Feb. 24, 2003
City Council
City Hall
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
42
Enclosed is a Documentary Heritage Grant submitted by the Beverly Public Library to the
Massachusetts Historical Records Advisory Board. This grant is submitted on behalf of the
Beverly City Clerk, the Beverly Historical Society, the Church of the Nazarene, Dane Street
Congregational Church, First Baptist Church, First Parish Church, St. John’s Episcopal
Church, St. Mary Star of the Sea Church and Second Congregational Church.
If funded, this grant request for $10,000 would provide for an archivist to visit each of the
participating institutions to make a survey of their historic records, provide a web site for
the Beverly Archives Project to make the survey results available to researchers and the
general public, and provide training workshops to assist the participating institutions in
preparing disaster plans, organizing, managing and preserving their historic records. We
believe this to be the first co-operative project aimed at surveying and preserving historic
church records in any Massachusetts community.
There will be no cost to the City of Beverly.
Sincerely,
Thomas F. Scully, Library Director
Receive and Place on File
#83
Communication from Department of Municipal Finance relative to the appointment of
Leanne Cassidy as Parking Clerk
Receive and Place on File
#84
February 28, 2003
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
Re: Request for NO PARKING THIS SIDE, Garden Street, easterly side.
We have been asked by the residents of Garden Street to restrict the parking on the
easterly side of that street. Garden Street is a short, narrow, dead-end street off
Woodland Avenue and residents complain the street is too narrow to allow parking on
both sides of the street. There are only four houses on this street and residents feel it is a
public safety hazard with vehicles parked on both sides of the street.
Please take the necessary action to add to Chapter 14, Section 120:
Garden Street, easterly side, from Woodland Avenue to the end.
ADD:
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Referred to Legal Affairs and Accounts
#85
February 28, 2003
Honorable City Council
In Re: Fees – Sealer of Weights and Measures
43
Dear Honorable Council:
Massachusetts General Laws Chapter 98 §56 provides in part the following:
Ҥ 56. Fees of sealers
Except as otherwise established in a town by town meeting action and in
a city by city council action, by adoptions of the appropriate by-laws and
ordinances to set such fees, sealers shall receive and inspectors may
demand the following fees for sealing and inspecting the following
weighing or measuring devices:”
Although the City established certain fees for services of the Sealer of Weights and
Measures by Order No. 346 of 1990, no Ordinance setting fees exists and the fees, insofar
as established by such Order in 1990, have not been adjusted in over twelve years. To
address both the requirement of an Ordinance and the inadequacy of the present fee
schedule, a proposed fee schedule is attached hereto for your consideration. The fees
proposed are suggested/requested by the City’s Sealer of Weights and Measures who
identifies them as fair and consistent with fees imposed for these services in surrounding
communities.
This office is prepared to assist the Council in the preparation and form of this new
proposed Ordinance shall you request.
Very truly yours,
Peter H. Gilmore
City Solicitor
Referred to Legal Affairs and Accounts
Communications, Applications and Petitions:
#86
Application Class II MVDL International Motors of Beverly, Inc.
Refer to Legal Affairs and Accounts
#87
Suggestion for fund raising for City
Referred to Finance and Property
#88
Complaint re Cable TV Service
Referred to Public Service and Aid
#89
Claim-Pothole Paul Estes
Receive and Place on File
Refer to City Solicitor
#90
Annual Beano Report, St. John the Evangelist School
Receive and Place on File
44
#91
Petition of Massachusetts Electric to install 2-4” conduit and miscellaneous UG equipment
under the sidewalk on Essex Street
Referred to Public Service and Aid
#92
Application for Class II MVDL Bridgeside Cycles, 8 Cabot Street
Refer to Legal Affairs and Accounts
#93
Communication from Commonwealth of Massachusetts Designer Selection Board
relative to Guidelines for Cities and Towns relative to Designing and Construction Public
Facilities
Receive and Place on File
#94
Comm. from Thomas Gale re Resolution “A City for Peace”
Referred to Public Service and Aid
#95
Invitation to march in Beverly Little League parade, April 27, 2003
Receive and Place on File
Reports from Committees
:
#12
The Committee on Finance and Property to whom was referred the matter of Loan Order
for Schematic Design for Beverly High School have considered said matter and beg
leave to report as follows, to wit:
Submit the accompanying order and recommend it adoption
Ordered: That the City Council of the City of Beverly will hold a Public Hearing on
Monday, March 17, 2003 at 7:00 PM in Council Chambers, third floor City Hall,191 Cabot
Street, Beverly, MA relative to the enclosed bond authorization for schematic Design for
Beverly High School in the amount of $734,000 (Seven Hundred Thirty four Thousand)
Dollars . Bond will not take effect unless funding is either from the school department
budget or from a Proposition 2 ½ debt exclusion which has been duly passed by the
voters of the City of Beverly.
Loan Order: Ordered that $734,000 is appropriated for architectural services for a
schematic design for Beverly High School; that to meet this appropriation the Treasurer
with the approval of the Mayor and the Director of Municipal Finance and the
Committee on Finance and Property is authorized to borrow $734,000 under Chapter 44
of the General Laws or any other enabling authority; that the Treasurer is authorized to
file an application with the Emergency Finance Board to qualify under Chapter 44A of
the General Laws any or all of the bonds and to provide such information and execute
such documents as the Emergency Finance Board may require for these purposes; and
that any bonds or notes issued pursuant to this order shall be certified in writing as to their
genuineness by a bank or trust company situated and doing business in Massachusetts to
be selected by the Committee on Finance and Property.
First Passage: March 3, 2003
45
Final Passage: March 17, 2003
8-0 Vote
Order read once and adopted
#39
The Committee on Finance and Property to whom was referred the matter of setting of
Water and Sewer rates have considered said matter and beg leave to report as follows,
to wit:
Submit the accompanying amended order and recommend its adoption
Ordered: That the City Council approve the request of Mayor Crean to set the current
water rate at $2.90 per one hundred cubic feet and the current sewer rate at $3.31 per
every hundred cubic feet.
7-1 Vote Councilor Troubetaris voted against
Order read once and adopted
#56
The Committee on Legal Affairs and Accounts to whom was referred the matter of
appointment to Planning Board of Ellen Flannery, Robert Rink and Daniel Hamm have
considered said matter and beg leave to report as follows, to wit:
Recommend approval of the appointments
8-0 Vote
Order read once and adopted
#58
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Ordinance MV & T No Parking Tow Zone on Highland Avenue 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 Tow Zone Highland Avenue
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Section 137 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended as follows:
Highland Avenue, southerly side, from Cabot Street ninety feet (90)
ADD:
westerly.
This ordinance to take effect upon passage according to City Charter.
First Passage: March 3, 2003
Final Passage: March 17, 2003
8-0 Vote
Ordinance read once and held for final passage as per charter provisions
#60
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Waiver of Right of First Refusal have considered said matter and beg leave to report as
follows, to wit:
Submit the accompanying order and recommend its adoption
46
Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed
Waiver of Right of First refusal for Unit 303, 38 Dunham Road for Wendy James as per the
request of Planning and Development Department Director Debra Hurlburt.
Order read once and adopted
#64
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Class II MVDL North Beverly Sunoco have considered said matter and beg
leave to report as follows, to wit:
Recommend the License be Granted
8-0 Vote
Order read once and adopted
#65
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Application Class II MVDL American Petroleum have considered said matter and beg
leave to report as follows, to wit:
Recommend the License be Granted
8-0 Vote
Order read once and adopted
#77
The Committee on Legal Affairs and Accounts to whom was referred the matter of
Subordination Agreement, Gauthier, 75 Cabot Street, Beverly, MA have considered said
matter and beg leave to report as follows, to wit:
Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the
attached SUBORDINATION AGREEMENT for Lauren Gauthier, 75 Cabot Street, as per the
attached communication from Community Development manager William O’Hare.
8-0 Vote
Order read once and adopted
#54
The Committee on Public Service and Aid to whom was referred the matter of
Appointment-Cable TV Advisory Commission, Al Torsey and George Johnson have
considered said matter and beg leave to report as follows, to wit:
Recommend approval of the appointments
8-0 Vote
Order read once and adopted
#91
The Committee on Public Service and Aid to whom was referred the matter of Petition of
Mass Electric for conduits in Essex 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 hold a public hearing on
Monday, March 17, 2003 at 7:58 PM in Council Chambers, at 191 Cabot Street, Beverly,
MA relative to the installation of 2-4” conduits and miscellaneous UG equipment under
the sidewalk on Essex Street
8-0 Vote
Order read once and adopted
47
Unfinished Business:
#40 Ordinance Animals and Parks and Recreation re Dogs Held for editing by City Solicitor
#69 Ordinance re Administration – Affordable Housing Tax Abatement
Motions and Orders:
#
By Councilor Coughlin
Ordered: That the City Council requests to be included on the agenda when the New
England Assoc. of Schools & Colleges visits Beverly regarding the accreditation status
Receive and Place on File
Meeting adjourned: 9:17 PM Frances A. Macdonald, CMC
City Clerk
48