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2009-04-06 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of7 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Friday, April 17, 2009 12:32 PM To: minutes@beverlyma.gov Subject: meeting Regular Meeting Beverly City Council 7:00, PM April 6, 2009 Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes , Kevin Hobin, Donald Martin, D. Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty Pledge of Allegiance to the Flag: Led by Councilor Cronin Public Hearings and Public Speakers: 7:05 PM Alan Battistelli re Good Friday Walk 7:10 PM Mary Rodrick re recycling 7:30 PM Public Hearing Budget Reductions Refer to Finance and Property Acceptance of Minutes: Meeting of March 16,2009 Appoi ntments: Presentations, Awards and Memorials: Communications from His Honor the Mayor: #45 April 6, 2009 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 4/17/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of7 I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Beverly Historic District Commission: John Condon 19 Wellman Street Matthew Lewis 99 Bisson Street (Formerly an Alternate member) Ralph Turcotte 68 Essex Street Their terms to be effective until April 1 , 2012. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from Other City Officers and Boards: #46 March 16, 2009 Beverly City Council 191 Cabot Street Beverly, MA 01915 Honorable Council: Request for Ordinance Change chapter 14-123, 15 Minute Parking This request is submitted for the purpose of adding to City Ordinance Chapter 14, 13 a, "15 Minute Parking" zone in the following location: ADD Rantoul Street, East Side, at the intersection of Pond Street, beginning 20 feet north of Pond Street northerly to the first curb cut on Rantoul Street (3Spaces) Sincerely, Sgt. Joseph Shairs Traffic/Safety Officer Refer to Legal Affairs #47 March 25, 2009 Honorable City Council City Clerk Fran Macdonald City Hall Beverly, MA 01915 Dear Council Members: This request is from the resident at 67 Wallis Street for a "Handicapped Parking" sign in front of their residence. I have conducted a site 4/17/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 3 of7 visit and reviewed the application. This area has limited off street parking and I would support the placement of a sign in this location. Sincerely, Sgt Joseph Shairs, Traffic/Safety Officer Refer to Legal Affairs #48 March 25, 2009 Honorable City Council City Clerk Fran Macdonald City Hall Beverly, MA 01915 Dear Council Members: This request is from the resident at 22 Pleasant Street for a "Handicapped Parking" sign in front of their residence. I have conducted a site visit and reviewed the application. This area has limited off street parking and I would support the placement of a sign in this location. Sincerely, Sgt Joseph Shairs, Traffic/Safety Officer Refer to Legal Affairs Communications, Applications and Petitions: #49 Application Livery License Carol & Dennis Soper NDARYD Refer to Legal Affairs #50 Communication from Leslie Clark relative to Beautification Program for downtown Beverly Businesses Refer to Public Services #51 Application Second Class MVDL USA Motor Cars, 443 Rantoul St. Refer to Legal Affairs 4/17/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of7 #52 Petition National Grid installation of 2 conduits encased in concrete in Boyles St. for Whitehall Hill Circle Refer to Public Services #53 Request to use Ellis Square for Farmers Market Refer to Public Services #54 Communication Relative to Conservation Restriction and OSRD Management Plan Refer to Legal Affairs #56 Ordinance Review Subcommittee Report Receive and Place on File #57 Comm from Town of Danvers relative to waiver of payment of In-Lieu-of-Tax fee assessed to City of Beverly $5,891.34 Receive and Place on File #58 Claim-Pothole Damage Alan Zwicker. 39 County Way Receive and Place on File Refer to City Solicitor Regorts from Committees: #17 The Committee on Finance and property to whom was referred the matter of Ordinance Public Works Trash Removal and Disposal Service Fee 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 nine An ordinance amending an ordinance entitled Public Works Trash Removal and Disposal Service Fee Be it ordained by the city council of the city of Beverly as follows, to wit: 4/17/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 5 of7 That Section 20-9 of the Revised Ordinances of the City of Beverly, 1989, be and the same is hereby amended as follows: 1. Residential: A trash fee of $100.00 per dwelling unit is hereby-established effective 1, July 2009, 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. 2. Commercial: A minimum fee of $300.00 is hereby established for all commercial entities currently being serviced by the City of Beverly. The final fee and conditions shall be subject to the determination of the Director of Engineering, who shall establish a written standard therefore. 3. Discounts and Waivers: (a) Senior Citizen: Any Senior Citizen (65 years or older) who owns and occupies a single dwelling unit with an income of $30,069.00 or less for a single adult; $38,399.90 or less for two or more adults will be eligible for a fifty percent (500/0) discount of this fee. (b) Hardship Cases: The fee for any citizen who owns and occupies a single family home or condominium with an income of $18,259.00 or less for a single adult; $20,419.00 or less for two or more adults, will be waived. (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 2006 or 2007, 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. (d) Vacancies: Any property owner who owns an unoccupied unit shall be eligible to receive a credit for each full six month period for which the unit is not occupied. Property owners must provide documentation to the City Engineer signed under the pains and penalties of perjury demonstrating that the unit was vacant during the entire six month billing period for which such credit is requested. Eligibility shall be determined by the City Engineer using a water bill, or in cases where a unit's water meter is not separate from another unit, a letter or billing statement from the Electric Company. (e) Penalty: The City Engineer shall assess applicants a fine of not more than $250.00 for submitting false documentation. 4. Enforcement: Any fee not paid within 60 days of the demand shall become, upon application of the Collector of the City of Beverly, a lien upon the property. 5. Billing: The annual fee will be collected in quarterly statements billed on the same cycle as the subject property's water and sewer bill cycle. 6. This fee shall not be increased for any reason other than to offset an increase in the incineration cost per ton ("tipping fee") or an increase in the contractual trash removal cost, and in such cases, the trash fee may no9t be increased beyond an amount equal to the increases in these costs. 7. Exemption: Any person who can demonstrate and document to the satisfaction of the City Engineer an alternative lawful disposal method may apply for an exemption from the fee. 8. Review: This ordinance is subject to a vote by 1, March 2010 by the City Council whether or not to continue through 2010. 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. 9. Sunset Clause: This Order expires on 1 July, 2010. 4/17/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 60f7 Ordinance read once and returned to committee 9-0 Vote #36 The committee on Finance and property to whom was referred the matter of Reduction if FY 2009 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 City Council approve the enclosed budget reductions in the 2009 FY Budget. Order read once and adopted 9-0 Vote #40 The Committee on Finance and Property to whom was referred the matter Communication from solid Waste management Committee re Ordinance Public Works Trash Removal and Disposal Service Fee have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and referred to Legal Affairs and Accounts 9-0 Vote #42 The Committee on Legal Affairs to whom was referred the matter of Waiver of Ordinance alcohol in Public Building 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 waive Section 15-10 of the City Ordinance relative to consumption of alcoholic beverages in public buildings (Beverly Farms Library) as per the request of Carmel Martin for an Artists Exhibit on May 7, 2009 from 6:00 PM to 8:30 PM. Order read once and adopted 9-0 Vote #43 The Committee on Legal Affairs to whom was referred the matter of application to dig Sea Worms Guyfred Hickey have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted 9-0 vote #16 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Communication relative to a Request for a Memorial for those lost in the Elliott Chambers Fire have considered said matter and beg leave to report as follows, to wit; Recommend the council Approve the Request 4/17/2009 That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 70f7 Order read once and Referred back to Committee 9-0 Vote #34 The Committee on Public Services / Committee of the Whole to whom was referred the matter of Petition National Grid for conduits in Boyles Street have considered said matter and beg leave to report as follows, to wit; Submit the accompanying ordinance and recommend its adoption Ordered: That the City Council will hold a public hearing on Tuesday, April 21 at 7: 15 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to the enclose petition of National Grid for the installation of two conduits encased in concrete in Boyles Street for service to Whitehall Hill Circle Order Read Once and Adopted 9-0 Vote Unfinished Business: Motions and Orders: #55 By Councilor Slate: Ordered: That the intersection of Rantoul Street and Broadway be, and the same hereby designated "SPC Stephen Fortunato Square", in accordance with the recommendation of his Honor the Mayor, and the Beverly Veterans Council. The intersection should be appropriately marked to indicate this designation. Refer to Public Services Meeting adjourned: 8:50 PM Frances A. Macdonald, CMC City Clerk 4/17/2009