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2004-02-026:55 PM Mary Rodrick 7:00 PM Superintendent Lupini 7:30 PM John Kenney, Beverly Golf and Tennis Commission 7:40 PM Joan Johnson re train whistles 7:50 PM Public Hearing-Ordinance Demolition of Historically Significant Buildings Regular Meeting of BeveRegular Meeting of Beverly City Council 8:00 PM February 2, 2004rly City Council 8:00 PM February 2, 2004 Roll Call : Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Pledge of Allegiance to the Flag : Led by Councilor Burke Appointments: Acceptance of Minutes of Previous Meeting: Meeting of January 20, 2004 Communications from His Honor the Mayor : #42 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint on a permanent basis, subject to your review and recommendation, Mr. John Dunn, 13 Exeter Road, to serve as the Director of Municipal Finance and Treasurer for the City of Beverly. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #43 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint on a permanent basis, subject to your review and recommendation, Mrs. Linda Giallongo, 31 Home Street, to serve as the Executive Secretary to the Mayor of the City of Beverly and Clerk to the Beverly License Board. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #44 February 2, 2004 14 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint on a permanent basis, subject to your review and recommendation, Mr. Roy Gelineau, Jr., 19 Goldsmith Avenue, to serve as the City Solicitor for the City of Beverly. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #45 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint on a permanent basis, subject to your review and recommendation, Ms. Tina Cassidy, 18 Carlton Street, Salem, MA to serve as the Director of Planning and Development for the City of Beverly. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #46 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Seven Thousand Three Hundred Four Dollars and Forty-Two Cents ($7,304.42) from account “Handicapped Parking Fines” to the following accounts as per the attached communication from Norman Ganley, Co-Chair of the Beverly Commission on Disabilities: $1,000.00 to Account Number 337 5700 – “Other Expenditures” 1,804.42 to account “Purchase and Install Assistive Hearing Devices in the Beverly City Council Chamber 4,500.00 to Account Number 337 55366 – Curb Cuts on Rantoul and Elliott Streets $7,304.42 Total Said sum of money to be expended under the direction of the Commission on Disabilities. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property 15 #47 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of One Thousand Five Hundred Dollars ($1,500.00) to account “Director of Municipal Finance – Salary” from account “Reserve for Unforeseen.” Said sum of money to be expended under the direction of the Finance Director. This transfer will allow John Dunn to be paid exactly the same salary of $79,000 he was receiving prior to his employment being terminated in the winter of 2002. As you are well aware, I have foregone the position of Aide to the Mayor or Chief of Staff at a savings to the City in the range of $75,000 annually when salary, medical, pension and office costs are included. Eliminating this position does not eliminate any work. It places increased burdens on me and my staff. I urge you to approve Mr. Dunn’s salary as I have requested. For your information, the $79,000 amount would place him 33 on rd the salary list of Beverly city employees based on 2003 actual payroll figures. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #48 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Fifteen Thousand Dollars ($15,000) to account “Public Property Repair” from account “Reserve for Unforeseen Expenditures.” Said sum of money to be expended under the Director of Community Services. Attached is a communication from Finance Director John Dunn concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #49 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby designate Joyce McMahon to perform the duties of Human Resource Director on a temporary basis commencing this date until the position can be filled in accordance with Section 3-3 of the Beverly Home Rule Charter. She will replace Mr. Robert Munroe. I certify that Joyce McMahon is qualified to perform the duties which will be required and that I make the designation solely in the interests of the City of Beverly. 16 This temporary appointment is made in accordance with Section 3-5 of the Beverly Home Rule Charter and is effective immediately. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File #50 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Gary Lambert, 9 Bass River Road, Beverly, MA to serve as a member of the Parks and Recreation Commission. His term as a member of the Parks and Recreation Commission to be effective until December 31, 2006. I additionally appoint, subject to your review and recommendation, Mr. Lambert to serve as the Parks and Recreation Commission’s representative to the Beverly Golf and Tennis Commission to replace Kevin Hobin who has resigned. Mr. Lambert’s term as a member of the Beverly Golf and Tennis Commission will be effective until February 1, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #51 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Gardner Trask, 31 Fellows Street, Danvers, MA 01923, to serve as a Danvers representatives to the Airport Commission. His term will be effective until December 31, 2006. Attached is a communication from Danvers Town Manager Wayne Marquis concerning the reappointment of Mr. Trask. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #52 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 17 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Michael Gaudette, 3 South Street, to serve as a member of the Parks and Recreation Commission. He will replace Mr. Kevin Hobin who has resigned. Mr. Gaudette’s term will be effective until December 31, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #53 February 2, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Bruce Doig, 41 Pratt Avenue, Beverly, MA to serve as a member of the Council on Aging as per the attached communication from Community Services Director, Thomas Scully. Mr. Doig’s term will be effective until June 30, 2006. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #54 February 2, 2004 The Honorable City Council City Hall, 191 Cabot Street Beverly, Massachusetts 01915 Dear Honorable Council: In October of 2003 the City received notice regarding its right of first refusal to acquire a piece of property on Cabot Street. The seven acre parcel on the Wenham town line (Assessors’ Map 91, Lot 7) was classified as agricultural land and taxed as such under the provisions of Chapter 61A of Massachusetts General Laws. In accordance with the provisions of that law, the City was notified of the owners’ intention to sell the land and of its right to acquire the property for its current sale price of $247,000. The current owners intend to sell the land to New England Power as part of the environmental remediation of Wenham Lake and nearby properties. By law, the City Council has 120 days from the date of the notice to exercise its right of first refusal if it intends to do so. The 120-day deadline for Council action is February 3, 2004. The matter has been pending before the Council’s committee on Legal Affairs and Accounts since October without resolution. Given the City’s difficult budget constraints for this fiscal year and next, it seems unlikely that the Council will vote to exercise the City’s rights to acquire the property at this time. In lieu of City acquisition now, the City Council should consider accepting the attached Option Agreement. In short, this Agreement would give the City of Beverly a second right of first refusal to acquire the property when New England Power decides to sell it in the future. The Agreement would also lock in the future purchase price at today’s $247,000 sales price, insulating the City from any changes in the property’s value that may occur between now and the time of resale. 18 Acting City Solicitor Roy Gelineau and Acting Planning Director Tina Cassidy indicate that while there are some provisions in the agreement that are less than ideal from the City’s perspective, the benefits of preserving the City’s future rights of acquisition outweigh potential difficulties with the wording of the agreement, particularly with the deadline for action looming later this week. Accordingly, I am requesting your consideration and acceptance of the attached draft Agreement, and the accompanying waiver of the City’s initial right of first refusal. Action on this matter is required this evening because the deadline for action is tomorrow. I would be happy to discuss this matter with the City Council at its convenience. Very Truly Yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from other City Officers and Boards #55 January 23, 2004 Honorable City Council Beverly, MA 01915 Dear Honorable Council: This is to inform you that the following list of citizens have been appointed to serve as Election Workers for the Year 2004 Elections. Respectfully, Frances A. Macdonald, CMC City Clerk Receive and Place on File #13 Frances Macdonald, City Clerk 191 Cabot Street Beverly, MA Dear Ms. Macdonald: At a meeting of the Beverly Planning Board held on Tuesday, January 20, 2004, members of the Board voted unanimously to recommend to the City Council that a joint Public Hearing be held between the Planning Board and the Council relative to City Council Order #13, which proposes to rezone one lot of City-owned land (the Edward School) from its current zoning designation of “RHD” High Density Residential) to “CC” Central Commercial). A copy of the Council Order is attached for your reference. Sincerely, Richard Dinkin, Chairperson Referred to Legal Affairs and Accounts #56 Honorable City Council 191 Cabot Street Beverly, MA 01915 RE: General Laws, Chapter 148 Sec. 26H Dear Honorable City Council: 19 It has been brought to my attention that the City of Beverly has not adopted the provisions of M.G.L. Chapter 148, Section 26H, which pertains to the installation of automatic sprinkler systems in lodging or boarding houses. As a reminder, this local option legislation was enacted and approved by the Commonwealth on July 16, 1986 as a direct result of the tragic fire at the Elliott Chambers boarding house on July 4, 1984 which resulted in the deaths of 15 persons. All other local option legislation within Section 26 of Chapter 148 has already been adopted by the City of Beverly. I highly recommend that the City of Beverly formally adopt M.G.L. Chapter 148, Section 26H in order for the Beverly Fire Department to be able to strictly enforce this law as a matter of life Safety. Attached you will find a copy of M.G.L. Ch. 148, Sec. 26H. If you have any questions please feel free to contact me. Very truly yours, Richard F. Pierce, Fire Chief Refer to Legal Affairs and Accounts #57 Feb. 2, 2004 Frances Macdonald 191 Cabot St. Beverly, MA 01915 Dear Madam Clerk: Effective 4:30 PM this date I do hereby resign my position as Temporary Director of Human Resources. This resignation is submitted in order to create a vacancy in such position that may be addressed by the Mayor in accordance with Section 3-5 of the Beverly Home Rule Charter. This resignation is not intended, nor shall it in any way be construed, to change the status of my employment as Assistant City Solicitor Very truly yours, Robert A. Munroe Temporary Director of Human Resources. Receive and Place on File #38A Jan. 30, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Order number 38, submitted by Councilor Martin, requested an assessment of the impact on the FY2004 budget of the benefit payments made to various City employees in late December, 2003 and early January, 2004. The attached spreadsheet shows the variances that exist in the various salary accounts that were the subject of the order. I have assumed that the weekly salaries will be paid through the end of the fiscal year at the currently budgeted amounts. I have also assumed that the position of the Mayor’s Administrate Assistant will not be filled for the balance of the fiscal year. 20 The total shortfall in $10,960.53 and a transfer would be required to fully fund the salary lines for the balance of the year. Very truly yours, John Dunn, Acting Finance Director Referred to Finance and Property #58 Jan. 26, 2004 Beverly City Council 191 Cabot St. Beverly, MA 01915 Dear Mr. Guanci: The Beverly Golf and Tennis Commission is faced with a difficult decision regarding our swimming pool and we would like to make the City of Beverly aware of the situation. For many years, residents of Beverly have enjoyed the use of the swimming pool at the Beverly Golf and Tennis Club. The pool and the bathhouse, however, have suffered from deferred maintenance, and now require a substantial investment to make the pool viable for the 2004 season. The pool has developed a leak in the underground plumbing that requires the operator to add dozens of gallons of water to the added each day. Water is provided to the operator by the City at no charge as part of the management contract. In addition, the operator must constantly add new chemicals to the pool to replace those that have leaked away. Several times over the past few year, the filter pump has burned out because the water level has dropped so low that no water reached the pump. In addition, the drain at the bottom of the pool is plugged and does not work. As a result, the pool water is not properly circulated and filtered. This is a violation of Mass Public Health codes and needs to be corrected before the pool can be opened again. The drain should be repaired at the same time that the leak is fixed. Many of the tiles along the high-water mark are broken off and the sharp edges make the pool unsafe. Massachusetts Public Health codes require the pool surface to be smooth in all areas of the pool. It is recommended that all of the tiles be replaced to avoid continued deterioration. Simply replacing eh broken tiles would cost significantly less. The estimate to install two new drains, replace all tiles and paint the pool surface, and repair the underground plumbing is $22,500. This work will bring the pool up to code and allow it to be opened for the summer of 2004. The gate in the chain-link fence also does not meet code. It must have a working self- locking mechanism. There are also several other items in the pool area that need to be addressed. The cost to replace the gate is estimated at less than $1,000. The pool and the bathhouse are not accessible to handicapped persons. The doorways, toilet, showers require significant modifications, and since the pool is not ADA assessable. A handicapped lift is needed. The cost for this work is estimated at $15,000. The Commission has given serious consideration to temporarily closing the pool for the upcoming season. Our budget does not include the funds necessary to make even the most basic repairs. Although the golf and tennis memberships once included pool privileges, there would be little impact to the permit holders if the pool were closed. The Beverly Recreation department operated the pool during the 2003 season, and used it as part of their summer camp program, and offered swimming lessons. I have discussed this matter with Bruce Doig, and he agrees that his department does not have the funds to reopen the pool. The Recreation Dept. lost about $5,000 on the Beverly Golf and Tennis operations last summer. This summer, there will be additional competition since the YMCA Sterling Center is completing a new outdoor pool, reducing the local demand for swimming lessons and summer day camps. 21 John Golf Management is required by the contract to keep the swimming pool open, and subcontracted the operations to the YMCA in 2002 and the Beverly Recreation Department in 2003. Johnson golf has worked with several swimming pool contractors to help the Commission understand the issues with the pool. Since the pool belongs to the City and it is leased to Johnson Golf, it will be impossible to operate the pool in accordance with the contract without the necessary repairs. However, Johnson Golf has subcontracted the pool on a bread-even basis, so it will not have a negative impact on their business if the pool is closed. Since the swimming pool is a City-owned asset, the Commission believes it is important to make the City aware of the situation and to seek the guidance of the City Council. Ultimately we all must decide if a swimming pool is essential to the Beverly Golf and Tennis Club, and if we can afford one. If we decide that a pool is necessary, the we must decide whether to repair the pool we have, or invest in an entirely new pool. We then need to determine how to fund the decision. We value the input of the City Council on this matter and, as always, we appreciate your support. Respectfully, Beverly Golf and Tennis Commission John Kenney Chairman Refer to Finance and Property #60 January 9, 2004 William F. Scanlon, Mayor 191 Cabot St. Beverly, MA 01915 Dear Mayor Scanlon: I am writing to summarize my discussions with Tom Durkin regarding school department expenses, which were carried over “in excess of appropriations” (Municipal Finance Laws, Chapter 44, Section 64) for the FY03 budget. In addition, this letter will detail action taken by the school administration and School Committee to remedy this issue, as well as Requested action on the part of the Beverly City Council In summary, the following FY03 bills were not paid as part of that operating budget: Keyspan 15,676.35 Massachusetts Electric 70,607.59 Nextel 2,708.65 Verizon 238.06 Total 89,230.65 In addition, we added $73,146 in special education positions and a total of $106,253 in classroom positions (due to class size parameters) in August. This created a cumulative budget issue of $268,629.65. Following is an accounting of our proposed solution, which was accepted by the School Committee at their October 2003 meeting: Special Education Contingency Fund 73,146.00 Grant Charges & Replacement Savings 40,013.00 Reduce Textbook Account 2,000.00 Reduce Equipment Account 2,000.00 Reduce Elementary Science Account 6,300.00 Reduce Computer Science Account 2,000.00 Reduce Testing Supplies 3,000.00 Reduce Substitute Teachers 10,000.00 Savings from Masters & credits account 5,701.00 Savings from unfilled/reduced positions 27,540.00 Fyo3 Encumbrances (Purchase Orders) 18,623.06 22 The remainder of the funding necessary to address this shortfall ($78,306.59) will be taken from “excess” Medicaid reimbursements. As you may know, the City has budgeted $475,000 of school department Medicaid reimbursements as part of its FY04 operating budget. However, Mayor Crean had previously committed that all reimbursements secured above this level would be directed to the School department FY04 budget. Given that we brought in over $650,000 in FT03, we are very confident of our ability to manage the remainder of the excess FY03 utilities expenditure from this funding source. As you know, Massachusetts Municipal Finance Law specifies that “(2)ny…city having unpaid bills of previous fiscal years may be legally unenforceable due to the insufficiency of an appropriation in the year in which such bills were incurred may, in the case of a city… appropriate money to pay such bills” It is important to note here that we are not requesting any additional appropriation on the part of Beverly City Council; rather, we are merely seeking permission to pay bills incurred as part of the FY03 operating budget from our FY04 appropriations, plus the Medicaid reimbursement committed by Mayor Crean. I would be pleased to answer any questions that you might have relative to this plan and request. Furthermore, I am looking forward to addressing the City Council on this issue, if you believe it is necessary, whenever you believe it to be appropriate.. Lastly, I want to commend Tom Durkin for all of his efforts in assisting us in solving this problem and promise you that we are taking steps to ensure that similar actions will not be necessary in the future. Sincerely, William H. Lupine Superintendent of Schools Referred to Finance and Property Communications, Applications and Petitions: #61 Claim-Patricia Patnaude, 8 Fayette St, Beverly – Pothole Receive and Place on File Refer to City Solicitor #62 Claim-Sonia Calle & Christian Alejandro Receive and Place on File Refer to City Solicitor Reports from Committees : #21 The Committee on Finance and Property to whom was referred the matter of Communication from Parks and Recreation re Carriage House Roof at Lynch Park have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to the Mayor 9-0 Vote Order read once and adopted #26 The Committee on Finance and Property to whom was referred the matter of raising fees in Clerks Office have considered said matter and beg leave to report as follows, to wit: 23 Submit the accompanying order and recommend its adoption Ordered: That the Office of the City Clerk be allowed to raise the following costs: Birth, Death and Marriage Certificates from $6.00 to $10.00 Business Certificate from $15.00 to $25.00 Certified copy of records other than Vital Records from $3.00 to $5.00 List of Persons from $15.00 to $20.00 Marriage License from $20.00 to $25.00 Christmas tree permit from $25.00 to $50.00 Affidavit for correction of vital record from $25.00 to $50.00 9-0 Vote Order read once and adopted #29 The Committee on Finance and Property to whom was referred the matter of Communication from Beverly Farms Improvement Society relative to donation 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 of Beverly accept the donation of a new fountain at the corner of Hale and West Streets from the Beverly Farms Improvement Society. 9-0 Vote Order read once and adopted #36 The Committee on Finance and Property to whom was referred the matter of Request for salary ranges for Department and Assistant Department Heads have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Administration create a salary range for Department Heads and Assistant Department Heads and that job descriptions be updated where needed. 9-0 Vote Order read once and adopted #40 The Committee on Finance and Property to whom was referred the matter of request for additional time for budget shortfall discussions have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the Committee on Finance and Property allow more time for each meeting to review budget shortfalls in a more fiscally responsible manner. Additional time is needed to review the budget and set options. 9-0 Vote Order read once and adopted #41 The Committee on Finance and Property to whom was referred the matter of request Mayor to present preliminary draft of 05 budget 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 present a preliminary draft of the 2005 budget prior to May 1, 2004 in order that the council can review early on in order to prepare for anticipated cuts in the budget. This order is meant to give the council a head start rather than making the eleventh hour decisions. 24 9-0 Vote Order read once and adopted #46 The Committee on Finance and Property to whom was referred the matter of Transfer from Handicapped Parking Fines to various accounts 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 Tuesday, February 17, 2004 at 6:30 PM at Beverly City Hall, third floor, 191 Cabot Street, Beverly, MA relative to a transfer from account Handicapped Parking Fines to the following accounts as per the request of the Beverly Commission on Disabilities: $1,000.00 to Account Number 337 5700 – “Other Expenditures” 1,804.42 to account “Purchase and Install Assistive Hearing Devices in the Beverly City Council Chamber 4,500.00 to Account Number 337 55366 – Curb Cuts on Rantoul and Elliott Streets $7,304.42 Total First Passage: Feb. 2, 2004 Public Hearing: Feb. 17, 2004 Final Passage: Feb. 17, 2004 9-0 Vote Order read once and adopted #47 The Committee on Finance and Property to whom was referred the matter of Transfer to Account 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 Tuesday, February 17, 2004 at 6:40 PM at Beverly City Hall, third floor, 191 Cabot Street, Beverly, MA relative to a transfer from account Reserve for Unforeseen to Director of Municipal Finance – Salary in the amount of $1,500.00 as per the request of the Mayor First Passage: Feb. 2, 2004 Public Hearing: Feb. 17, 2004 Final Passage: Feb. 17, 2004 9-0 Vote Order read once and adopted #48 The Committee on Finance and Property to whom was referred the matter of Transfer to Account 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 Tuesday, February 17, 2004 at 6:50 PM at Beverly City Hall, third floor, 191 Cabot Street, Beverly, MA relative to a transfer from account Reserve for Unforeseen to Public Property Repair in the amount of fifteen thousand ($15,000) Dollars First Passage: Feb. 2, 2004 Public Hearing: Feb. 17, 2004 Final Passage: Feb. 17, 2004 Order read once and adopted 25 # 60 The Committee on Finance and Property to whom was referred the matter of School Dept FY03 Bills 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 Department be allowed to pay eighty nine thousand two hundred thirty dollars and 35 cents in FY 03 bills form the FY 04 Budget as per the request of Dr. Lupini. This order is approved with regret. 9-0 Vote Order read once and adopted #11 The Committee on Legal Affairs to whom was referred the matter of Mayor’s Communication relative to Marianne Doane 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 #16 The Committee on Legal Affairs to whom was referred the matter of Appointment as Constable-William Cicci 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 The Committee on Legal Affairs to whom was referred the matter of Ordinance Motor Vehicles and Traffic-No Parking 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 four 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, to wit: That Chapter 14, Section 122 (z) of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD:: No person shall park a vehicle between the hours of 7:00 a.m. and 10:00 p.m. on Pleasant Street, southerly side, from Rantoul St. to Court St. This ordinance to take effect upon passage according to City Charter First Passage: February 2, 2004 Final Passage: February 17, 2004 9-0 Vote Order read once and held for final passage as per charter provisions 26 #22 The Committee on Legal Affairs to whom was referred the matter of Communication from Licensing Board relative to Sunday Sales 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 #24 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance-Demolition of Historically Significant Buildings 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 four An Ordinance Amending an ordinance entitled ARTICLE III. DEMOLITION OF HISTORICALLY SIGNIFICANT BUILDINGS Be it ordained by the City Council of the City of Beverly as follows: That Chapter 10, Article III. Demolition of Historically Significant Buildings of the Revised Ordinances of the City of Beverly 1989, be, and the same is hereby amended as follows: Amend Sec. 10-41. Definitions by adding before the words “Business Day” a new definition for Applicant as follows: “Applicant means any person or entity who files an application for a demolition permit. If the applicant is not the owner of the premises upon which the building is situated, the owner must indicate with the application his/her assent to the filing of the application.” Amend Sec. 10-41. Definitions by deleting the definition for Demolition and substituting a new definition for Demolition as follows: “Demolition means the intentional act of pulling down, destroying, removing, dismantling or razing a building or structure or commencing the work of total or substantial destruction with the intent of completing the same.” Amend Sec. 10-43. Procedures subsection (c) and (d) by inserting after the words “the commission”, each time they appear, the following phrase: “or a designee of the commission” Amend Sec. 10-43. Procedures subsection (c) by deleting the word “recede” and inserting the word “receive” in its place. Amend Sec. 10-43. Procedures subsection (e) by inserting after the words “If the commission” the following phrase: “or a designee of the commission” Amend Sec. 10-43. Procedures subsection (e) by inserting after the words “shall be published in said newspaper” the following phrase: “at the expense of the applicant” Amend Sec. 10-43. Procedures subsection (g), by deleting the words “six (6) months” and inserting the words “twelve (12) months” and by deleting the words “six-month” and inserting the words “twelve-month” in their place. Amend Sec. 10-43. Procedures by adding new subsection (h) as follows: 27 “(h) No permit for demolition of a building determined to be a preferably preserved building shall be granted until all plans for future use and development of the site have been filed with the Building Commissioner and have been found to comply with all laws pertaining to the issuance of a building permit. All approvals necessary for the issuance of such building permit including without limitation any necessary zoning variances or special permits, must be granted and all appeals from the granting of such approvals must be concluded, prior to the issuance of a demolition permit under this section.” Amend Sec. 10-44. Notice, by deleting the words “owner or record” and inserting the words “owner of record” in their place. Amend Sec. 10-45. Emergency Demolition, by deleting the words “to cause demolition before he initiates same” and inserting the words “to issue a demolition permit before it is issued” in their place. Amend Sec. 10-47. Enforcement and remedies subsection (b) by adding the following sentence after “($300.00)”. “Each day the violation exists shall constitute a separate offense until a faithful restoration of the demolished building is complete or unless otherwise agreed to by the Commission.” Further amend Sec. 10-47. Enforcement and remedies by adding new subsections (c), (d), and (e) as follows: “(c) No building permit shall be issued with respect to any premises upon which a building or structure subject to this Ordinance has been voluntarily demolished in violation of this Ordinance for a period of two (2) years after the date of the completion of such demolition, to be determined by the Building Commissioner. As used herein “premises” includes the parcel of land upon which the demolished significant building was located. (d) Notwithstanding the foregoing, whenever the Commission shall, on its own initiative, or on the application of the landowner, determine that earlier reconstruction, restoration or other remediation of any demolition in violation of this article better serves the intent and purpose of this article, it may, prior to the expiration of said period of two (2) years, consent to the issuance of a building permit, upon such conditions as the Commission deems necessary or appropriate to effectuate the process of this article, and may so notify the Building Commissioner. (e) Upon the determination by the Commission that a building is a preferably preserved building, the owner shall be responsible for properly securing the building if vacant, to the satisfaction of the Building Commissioner. Should the owner fail to secure the building, the loss of such building through fire or other cause shall be considered demolition for the purpose of this Ordinance.” This ordinance to take effect upon passage according to charter provisions First Passage: February 2, 2004 Final Passage: February 17, 2004 9-0 Vote Order read once and held for final passages as per charter provisions #27 The Committee on Legal Affairs to whom was referred the matter of Communication from Marianne Doane relative to Beverly Golf and Tennis Appointment have considered said matter and beg leave to report as follows, to wit; Receive and Place on File 8-0 Vote Councilor Coughlin Abstained Order read once and adopted 28 #28/54 The Committee on Legal Affairs to whom was referred the matter of Waiver of Right of First Refusal Estate of Pauline Nickerson 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 enclosed Option Agreement and Waiver of Right of First refusal for land shown on the Beverly Assessor’s Map 91, Lot 7, as recorded in the Essex South District Registry of Deeds Plan Book 362, Plan 94, as per the request of Attorney Donald Greenough. This order is being adopted under an emergency preamble, due to time constraints of MGL Chapter 61 A 9-0 Vote Order read once and adopted #15 The Committee on Public Services to whom was referred the matter of Appointments to the Library Board of Trustees of Lindsay Diehl and Helga Senko have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the appointments 9-0 Vote Order read once and adopted #17 The Committee on Public Services to whom was referred the matter of Appointment to the Library Board of Trustees-Kathleen McMahon 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 #18 The Committee on Public Services to whom was referred the matter of Appointment to Parks and Recreation of William Collins 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 #30 The Committee on Public Services to whom was referred the matter of Communication relative to Lothorp Street resurfacing project have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to City Engineer 9-0 Vote Order read once and adopted #33 The Committee on Public Services to whom was referred the matter of Request for Streetlight on McKay Street have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 29 Ordered: That a letter be sent to Massachusetts Electric requesting a street lamp on McKay Street on pole #557. 9-0 Vote Order read once and adopted #35 The Committee on Public Services to whom was referred the matter of communication relative to purchased of drugs from Canadian Market have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to Mayor 9-0 Vote Order read once and adopted Unfinished Business: Suspension of Rules: Rules and Orders Updated Objectives of City Council Resolutions: Motions and Orders: #63 By Councilor Grimes: Ordered: That the Director of Human Resources provides the City Council with a list of current department heads and the expiration date of their term of office. Before March 1, 2004 Order read once and adopted #64 By Councilor Guanci: Ordered: That the Committee on Finance and Property along with the Director of Municipal Finance establish and implement a plan to collect outstanding water and sewer fees from industrial, commercial and residential users. Referred to Finance and Property #65 By Councilor Grimes Ordered: That the Honorable City Council authorize the Mayor of Beverly to take any and all steps reasonably necessary to maintain the train horn ban throughout the City of Beverly until this order is amended or revoked by this City Council Recommend adoption of the Order #66 By Councilor Flaherty 30 Ordered: That the city of Beverly explore the possibility for the city, at the appropriate time take over the responsibility and management of the Beverly Golf and Tennis Club. Referred to Finance and Property #67 By Councilor Flaherty Ordered: That Kathy Griffin do an in depth analysis of our revenue and expenditures as compared to other cities of our size. Referred to Finance and Property Meeting adjourned: 9:45 PM Frances A. Macdonald, CMC City Clerk 31