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2006-04-18 Regular Meeting of Beverly City Council 7:00 PM April 18, 2006 Roll Call : Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Kevin Hobin, Donald Martin, , Maureen Troubetaris, Paul Guanci Councilor Gooding was absent Pledge of Allegiance to the Flag : Led by Councilor Grimes Appointments: Public Hearings: Acceptance of Minutes: Meetings of April 3, 2006 Communications from His Honor the Mayor : #86 April 18, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request permission to accept a gift of $2,000 in cash and $500 in gift cards from Best Buy Company, the electronics retailer, to be used in support of electronics recycling. This matter is further described in the attached correspondence from Mary Rodrick and Beatrice Mendez, Co-chairs of the Beverly Solid Waste Management Committee. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #87 April 18, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. James M. Barina, 5 Hancock Street, Salem, MA 01970 to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Police Chief John Cassola has approved his attached application and Mr. Barina’s term will be effective until April 30, 2009. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #88 April 18, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Kevin Ascolillo, 4 Sherwood Lane, Beverly, MA 01915, to serve as a member of the Beverly Golf and Tennis Commission. 46 He will fill a vacancy and his term will be effective until February 1, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #89 April 18, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Ralph Forgione, 30 Conant Street #2B, Beverly, MA 01915, to serve as a member of the Airport Commission. He will replace Peter Simpson and his term will be effective until December 31, 2008. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #90 April 18, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In March I discussed with you the need to transfer funds to the “Reserve for Unforeseen Account” in order to balance accounts within the Police Department budget. These were under funded when the current year’s operating budget was set due to the fact that final labor contract negotiations had not been concluded at that time. As per the attached memos from Finance Director John Dunn, please appropriate to the “Reserve for Unforeseen Account” available funds in the amount of $190,953.26. These come from donations from Endicott College of $40,000; Beverly Hospital of $10,000 and release of an excess escrow reserve from the sale of the Edwards School of $140,953.26. Further, please take action to transfer $245,000 from account “Reserve for Unforeseen” to the Police Department budget. $220,000 will be used to supplement various salary lines in that budget (see copy of March 6, 2006 memo attached) and $25,000 will be used to fund the purchase of a new cruiser. These actions will require a Public Hearing to be set by the Council at its earliest convenience. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #91 April 18, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The attached letter from Chief Assessor Don Dragt recommends that we join a growing list of communities which exempt taxes on certain small Personal Property Accounts through the adoption of M.G.L. 59, section 5 (54). I will not attempt to repeat all the arguments cited by Mr. Dragt. In summary passage of this ordinance will eliminate $5,400 in billings much of which we would never collect and eliminate a great deal of paperwork allowing time to be spent more productively elsewhere. Many other communities which have passed this local option law have done so at exemption levels of $5,000 and $10,000 while we request the lower level of $2,000. 47 Don Dragt’s cogent arguments in favor of this measure are attached. I request that you adopt this measure. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #92 April 18, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that you vote to surplus the G.A.R. Hall located at 8 Dane Street to allow this asset to be sold. Recently representatives of the various veterans groups which have used the Hall visited me and requested that they move their activities to the Memorial School. Subsequently through the efforts of Veterans Agent Jerry Guilebbe and School Superintendent Jim Hayes suitable space at Memorial has been identified which meets with the veterans’ approval. The G.A.R. Hall is expensive to heat and to maintain. Some maintenance has been deferred. The Hall does not fit into Beverly’s long-range plans. The opportunity exists to place it on the tax rolls. Certain outside activities have been conducted in the Hall. We will work with those parties to minimize inconvenience. I look forward to your approval of this request. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #93 April 18, 2006 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Don Fournier, 59 Cross Lane, Beverly, MA 01915, to serve as a member of the Economic and Community Development Council (ECDC). Very truly yours, William F. Scanlon, Jr., Mayor Recommend the Council approve the appointment 8-0 Vote Communications from other City Officers and Boards #94 Open Space and Recreation Committee Semi-Annual Report Refer to Public Services #95 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: Attached is a list of all the Second Hand (Junk/Valuables) Dealers Licenses to be renewed for the year 2006. City Council approval is needed to complete the process for this years licensing. Thank you for your help concerning this matter. 48 Respectfully, Frances A. Macdonald, CMC City Clerk Refer to Legal Affairs #96 Honorable Council City Hall Beverly, MA 01915 Dear Councilors: RE: Parking Ordinance change request Hale St. We have received concerns from residents of Hale Street regarding an unsafe situation in which northbound traffic on Hale Street is forced to cross the solid double yellow lines in order to proceed if vehicles are parked in front of 185-189 Hale Street. We have also been advised that this particular area has been the scene of several motor vehicle accidents within the past year, the most recent occurring Sunday April 9, 2006, which was a head on collision resulting in personal injury. We have visited this site and have observed that when vehicles are parked in front of 185-189 Hale Street, northbound traffic is forced to cross the center yellow lines to proceed. Please take the necessary action to amend Chapter 14, Section 120 as follows: ADD: Prohibited on certain streets At all times Hale Street, easterly side, from 185 Hale Street to 189 Hale Street Very truly yours, Christopher J. Negrotti Traffic sergeant and Safety Officer Refer to Legal Affairs Communications, Applications and Petitions: #97 Application Notice of Waterways License Receive and Place on File #98 Request to place sign on Public Property Refer to Finance and Property Reports from Committees: #90 The Committee on Finance and Property to whom was referred the matter of Transfer to Police Dept. 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 May 1, 2005 at 7:05 PM in Council Chambers, Third Floor, 191 Cabot St. Beverly, MA relative to an appropriation to Reserve for Unforeseen from available funds in the amount of $190,953.26 from donations from Endicott College, $40,000 Beverly Hospital $10,000 and release of an excess escrow reserve from the sale of the Edwards School in the amount of $140,953.26 and a transfer from Reserve for Unforeseen to Police Department in the amount of two hundred forty five thousand ($245,000.00) Dollars. Two Hundred Twenty Thousand ($220,000) Dollars will be used to supplement various salary lines and twenty five thousand ($25,000) Dollars will be used to fund the purchase of a new cruiser. First Passage: April 18, 2006 Public Hearing: May 1, 2006 Final Passage April 18, 2006 Order read once and adopted 8-0 Vote 49 #10 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Zoning re Setback 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 Six An Ordinance amending an ordinance entitled Zoning Definitions-Setback Be it ordained by the city council of the City of Beverly as follows: That Section 29-2.42 of the Revised Ordinances of the City of Beverly,1989, be and the same is hereby amended as follows: ADD to existing definition of Setback : In the case of private easements that serve as legal frontage, for, or provide vehicular access to any lot, minimum yard setbacks required by this Ordinance shall be measured from the side line of the private easement or the property line, whichever is closest to the location of the building. Ordinance read once and held for final passage as per charter provisions 8-0 Vote #10A The Committee on Legal Affairs to whom was referred the matter of Comm. From Planning re Setback have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #30 The Committee on Legal Affairs to whom was referred the matter of Ordinance Zoning-Subsidized Elderly Housing 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 NOT adopt Zoning Section 29-2.B relative to minimum age threshold for Subsidized Elderly Housing. Order read once and adopted 5-3 Vote Against – Grimes, Flaherty and Coughlin #30A The Committee on Legal Affairs to whom was referred the matter of Comm. From Planning re Subsidized Elderly Housing have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #31A The Committee on Legal Affairs to whom was referred the matter of Comm. From Planning re CC Central Commercial Zoning District have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #80 The Committee on Legal Affairs to whom was referred the matter of Application for Second Hand Junk Dealers License-The Microphone Zone have considered said matter and beg leave to report as follows, to wit; Recommend the license be granted Order read once and adopted 8-0 Vote 50 #83 The Committee on Legal Affairs to whom was referred the matter of Ordinance-Solid Waste Management Committee increase in membership 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 six An Ordinance Amending an ordinance entitled Sec. 3-232 Solid Waste Management Committee Be it ordained by the city council of the City of Beverly as follows, to wit: That Section 3-232 of the Revised Ordinances of the City of Beverly,1989, be and the same is hereby amended as follows: In section 3-232 Solid Waste Management Committee (a) Appointment and term Delete: Seven (7) members Add: Nine (9) members Ordinance read once and held for final passage as per charter provisions 8-0 Vote #77 The Committee on Public Services to whom was referred the matter of appointment- Board of Registrars John Crowley have considered said matter and beg leave to report as follows, to wit; Recommend the council approve the appointment Order read once and adopted 8-0 Vote #78 The Committee on Public Services to whom was referred the matter of reappointment-Board of Registrars Roger Morency have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 8-0 Vote #79 The Committee on Public Services to whom was referred the matter of North Shore Regional Pre-Disaster Mitigation Plan 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 recommend to adopt the enclose North Shore Regional Pre-Disaster Mitigation Plan to insure that the City remain eligible for FEMA-related planning grants, as per the request of the Mayor Order read one and adopted 8-0 Vote #64 The Committee of the Whole to whom was referred the matter of Capital Expenditure Plan 2007-2016 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 8-0 Vote #84 The Committee of the Whole to whom was referred the matter of Ordinance Public Works-Trash Removal and Disposal Fee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Ordinance and recommend its adoption 51 In the year two thousand and six An Ordinance amending an ordinance entitled Public Works Article One-Trash Removal and Disposal Service Fee Be it ordained by the city council of the City of Beverly as follows, to wit: That Section 20-9 of the Revised Ordinances of the City of Beverly,1989, be and the same is hereby amended as follows: Delete: Sections 1 Residential, 3 Discounts and Waivers Sec ( c ) Eligibility, 7 Review and Section 8, Sunset Clause Add: The following Sections 1. Residential: A trash fee of $100.00 per dwelling unit is hereby-established effective 1, July 2006, on all residential structures of 6 units or less. Residential structures of more than 6 units currently serviced by the City of Beverly will continue to be serviced at $100.00 per unit. 3. Discounts and Waivers (c) Eligibility: Eligibility for senior citizen discount or hardship waiver shall be determined by using the Adjusted Gross Income (AGI) number found on the IRS 1040, 1040A, or 1040EZ Form, or, if no income tax return has been filed for tax years 2003 or 2004, equivalent documentation of income, to be provided to the City Engineer under the pains and penalties of perjury. Age shall be documented by driver’s license, birth certificate, or equivalent proof. Any resident with a “life estate” interest in a residential property will be treated as if he and/or she were the record owner of the property. In one, two or three family housing types where the tenant and the homeowner both meet the eligibility requirements for the waiver or both meet the eligibility requirements for the discount, such waiver or discount shall be granted to the homeowner. 7. Review: This ordinance is subject to a vote by 1, March 2007 by the City Council whether or not to continue through 2008.. The Council will review City collections, overall effectiveness and the recommendations put forth by the Mayor’s appointed Trash Committee. As with any City ordinance, the Council has the power to either change or delete an ordinance by a simple majority vote. 8. Sunset Clause: This Order expires on 1 July, 2007. Ordinance read once and referred back to Committee on Legal Affairs 89-0 Vote Unfinished Business: Resolutions: #99 Eagle Scout-Patrick Cullen Receive and Place on File Motions and Orders: Meeting adjourned: 8:45 PM Frances A. Macdonald, CMC City Clerk 52