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2006-06-19 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 1 of 12 Beverly Meeting Minutes From: Fran MacDonald [fmacdonald@beverlyma.gov] Sent: Monday, August 17,2009 2:16 PM To: minutes@beverlyma.gov Subject: 06.jun 19.doc CRsouCar :M.eetino of (f3everCy City Counci{ 7:00 C?M. June 19, 2006 Roll Call: Councilors Present: John Burke, William Coughlin, Timothy Flaherty, Miranda Gooding, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul Guanci Councilor Coughlin arrived at 7:00 and left at 10:00 PM Pledge of Allegiance to the Flag: Led by Councilor Flaherty Appointments: Public Hearings and Presentations: 6:30 PM Committee of the Whole 7:02PM Continuation of Budget Public Hearing Recessed until 7:00 PM June 27,2006 7:03 PM Public Hearing Appropriations and Transfers Refer to Finance and Property 7:15 PM Pam Kampersal-Norwoods Pond (5 Min.) 7:20 PM Pat Hamilton-Flooding (5 min.) Acceptance of Minutes: Meeting June 5, 2006 Communications from His Honor the Mayor: #145 June 19, 2006 Beverly City Hall 191 Cabot St. Beverly, MA 01915 Dear Honorable Council The attached memo from Finance Director John Dunn describes the need to make certain transfers between capital project funds. Such transfers will require the setting of a Public Hearing and approval by the Council. Please takes such actions as soon as possible. Very truly yours, William F. Scanlon, Jr., Mayor 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 2 of 12 Refer to Finance and Property Communications from other City Officers and Boards #109A June 6, 2006 Frances Macdonald, City Clerk 191 Cabot St. Beverly, MA Dear Ms. Macdonald: RE: #109 Create new WDR Zoning District and rezone 10-12 Congress St. (Ventron Property) from IG to WDR Planning Board Continuation of Public Hearing: At the joint public hearing held between the Planning Board and the City Council on June 5, 2006 members of the Board voted to continue the Planning Board's public hearing on the above-referenced matter to September 5, 2006 at 7:05 PM. Respectfully, Richard Dinkin, Chairperson Receive and Place on File #146 June 19, 2006 Frances A. Macdonald, Clerk City of Beverly 191 Cabot Street Beverly, Massachusetts 01915 Re: Takings of Drainage Easements Raymond Farms Council Order _146 of 2006 Dear Ms. Macdonald: I hereby request that the City Council authorize the Mayor, pursuant to Massachusetts General Laws Chapter 79, and all other provisions of law hereto enabling, to make takings of easements related to drainage improvements in the following described parcels of land in the Raymond Farms section of Beverly. The easements shall include permanent easements and temporary easements as described below. Each permanent drainage easement shall include the perpetual right and easement to construct, reconstruct, repair, rehabilitate, relocate, maintain, operate, add to, and otherwise change drain lines and all appurtenant structures across, through and under the described parcels of land together with the perpetual right and easement from time to time to enter upon the described parcel of land for said purposes. All drain lines and appurtenant structures shall remain the property of the City of Beverly. Each temporary easement shall include the right during times of work within the adjacent permanent easement to enter upon the described parcel of land for purposes related to the performance of the work within the adjacent permanent easement including, but not limited to, the right during such times to dig up the land, to pass over the land by foot and vehicle and to store materials, but not to include the installation within the temporary easement of permanent drain lines or appurtenances. Following the completion of work within the easements, the City shall restore the surface of the land as close as is practicable to its condition prior to the commencement of work. 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 3 of 12 The permanent and temporary easements to be taken are described as follows: 1.a. The following easements in Lot 15 (30 Colgate Road, Beverly, MA), land now or formerly of Joseph Boeggeman, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 30 & 32 Colgate Road," dated 5/12/06, Sheet 1 of 4: a permanent drainage easement in that portion of the parcel shown on said plan as "Existing 15' Wide Easement" as is located on Lot 15, said portion having an area of 1,088 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value; a permanent drainage easement in that portion of the parcel shown on said plan as "Proposed Permanent Drainage Easement 15' Wide" as is located on Lot 15, said portion having an area of 730 square feet, more or less, according to said plan, for which taking the damages have been appraised at $1,230.00; a temporary easement in the parcel shown on said plan on Lot 15 as "Proposed Temporary Easement," said parcel having an area of 4,644 square feet, more or less, according to said plan, for which taking the damages have been appraised at $1,360.00. 1.b. The following easements in Lot 16 (32 Colgate Road, Beverly, MA), land now or formerly of Patricia J. Sadler, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location Numbers 30 & 32 Colgate Road," dated 5/12/06, Sheet 1 of 4: a permanent drainage easement in that portion of the parcel shown on said plan as "Existing 15' Wide Easement" as is located on Lot 16, said portion having an area of 1,088 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value; a permanent drainage easement in that portion of the parcel shown on said plan as "Proposed Permanent Drainage Easement 15' Wide" as is located on Lot 16, said portion having an area of 758 square feet, more or less, according to said plan, for which taking the damages have been appraised at $1,255.00; a permanent drainage easement in the triangular parcel shown on said plan on Lot 16 as "Proposed Permanent Drainage Easement," said parcel having an area of 136 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value; a temporary easement in the parcel shown on said plan on Lot 16 as "Proposed Temporary Easement," having an area of 3,502 square feet, more or less, according to said plan, for which taking the damages have been appraised at $890.00. 2.a. The following easement in Lot 44 (31 Colgate Road, Beverly, MA), land now or formerly of Melvin J. and Naomi Cohen, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 29 & 31 Colgate Road Numbers 30 & 32 Amherst Road," dated 5/12/06, Sheet 2 of 4: a permanent drainage easement in that portion of the parcel shown on said plan as "Existing 15' Wide Easement" as is located on Lot 44, said portion having an area of 1,692 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value. 2.b. The following easement in Lot 17 (29 Colgate Road, Beverly, MA), land now or formerly of Mark J. and Gail-Helen Lamothe, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 29 & 31 Colgate Road Numbers 30 & 32 Amherst Road," dated 5/12/06, Sheet 2 of 4: a permanent drainage easement in that portion of the parcel shown on said plan as "Existing 15' Wide Easement" as is located on Lot 17, said portion having an area of 299 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value. 2.c. The following easement in Lot 38 (32 Amherst Road, Beverly, MA), land now or formerly of Edward M. and Marguerite M. Doherty, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 29 & 31 Colgate Road Numbers 30 & 32 Amherst Road," dated 5/12/06, Sheet 2 of 4: 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 4 of 12 a permanent drainage easement in that portion of the parcel shown on said plan as "Existing 15' Wide Easement" as is located on Lot 38, said portion having an area of 504 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value. 2.d. The following easement in Lot 46 (30 Amherst Road, Beverly, MA), land now or formerly of Cynthia Gallagher, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 29 & 31 Colgate Road Numbers 30 & 32 Amherst Road," dated 5/12/06, Sheet 2 of 4: a permanent drainage easement in that portion of the parcel shown on said plan as "Existing 15' Wide Easement" as is located on Lot 46, said portion having an area of 1 ,576 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value. 3.a. The following easements in Lot 41 (19 Andover Road, Beverly, MA), land now or formerly of Bruce R. and Jeanne M. Kitterage, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 30 & 32 Dartmouth Street Numbers 17 & 19 Andover Road," dated 5/12/06, Sheet 3 of 4: a permanent drainage easement in that portion of the parcel shown on said plan as "Existing 15' Wide Easement" as is located on Lot 41, said portion having an area of 1,650 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value; a permanent drainage easement in the triangular parcel shown on said plan on Lot 41 as "Proposed Permanent Drainage Easement," said parcel having an area of 155 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value. 3.b. The following easement in Lot 42 (17 Andover Road, Beverly, MA), land now or formerly of Kevin M. and Janet L. Pedersen, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 30 & 32 Dartmouth Street Numbers 17 & 19 Andover Road," dated 5/12/06, Sheet 3 of 4: a temporary easement in the triangular parcel shown on said plan on Lot 42 as "Proposed Temporary Easement," on Lot 42, said parcel having an area of 364 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value. 3.c. The following easement in Lot 50 (32 Dartmouth Street, Beverly, MA), land now or formerly of Theodore A. and Caroline Hollandan, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 30 & 32 Dartmouth Street Numbers 17 & 19 Andover Road," dated 5/12/06, Sheet 3 of 4: a permanent drainage easement in that portion of the parcel shown on said plan as "Existing 15' Wide Easement" as is located on Lot 50, said portion having an area of 1,224 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value. 4.a. The following easement in Lot 80 (7 Yale Blvd., Beverly, MA), land now or formerly of Norman S. and Marie E. Russell, Trustees of Norman Realty Trust, as shown on a plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 5 & 7 Yale Boulevard," dated 5/12/06, Sheet 4 of 4: a permanent drainage easement in the triangular parcel shown on said plan on Lot 80 as "Proposed Permanent Drainage Easement," said parcel having an area of 245 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value. 4.b. The following easement in Lot 81 (5 Yale Blvd., Beverly, MA), land now or formerly of Mary A. Perron, Trustee, as shown on a 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 5 of 12 plan prepared for the City of Beverly by Holmberg & Howe, Land Surveyors & Civil Engineers, No. Chelmsford, MA, entitled "Drainage Easement Plan, Location: Numbers 5 & 7 Yale Boulevard," dated 5/12/06, Sheet 4 of 4: a permanent drainage easement in the parcel shown on said plan on Lot 81 as "Existing 15' Wide Easement," said parcel having an area of 3,284 square feet, more or less, according to said plan, for which taking the damages have been appraised at nominal value. Very truly yours, Roy F. Gelineau, Jr. City Solicitor Refer to Legal Affairs Communications, Applications and Petitions: #147 Application for lodging House License-32 Broadway Refer to Legal Affairs #148 Application for Petroleum Storage, change of ownership at 443 Essex Street Refer to Legal Affairs #149 Application for Petroleum Storage, change of ownership at 112 Rantoul Street Refer to Legal Affairs #150 Claim-Anne McPherson, Pothole Damage Receive and Place on File Refer to City Solicitor #151 Communication from USCG and Maritime Administration re Draft Environmental Impact Statement re Northeast Gateway Energy Bridge Receive and Place on File 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 6 of 12 Reports from Committees: #36 The Committee on Finance and Property to whom was referred the matter of renaming of Solar Now in honor of John Coleman have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That Solar Now be renamed in honor of John Coleman as "The Dr. John W. Coleman Greenergy Park. Order read once and adopted 8-0 Vote #84 The Committee on Finance and Property to whom was referred the matter of Ordinance-Trash Removal and Disposal Fee have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended ordinance and recommend its adoption 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: 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. 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 2002 or 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 7 of 12 2003, 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 n09t 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 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. 9. Sunset Clause: This Order expires on 1 July, 2007. Ordinance read once and held for final passage as per charter provisions 8-0 Vote #135 The Committee on finance and Property to whom was referred the matter of Cell Signaling Technologies TIF Agreement 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 grant Cell Signaling technologies the enclosed TIF agreement. Order read once and adopted 5-2 Vote Troubetaris and Burke voted against. Councilor Gooding recused herself #136 The Committee on Finance and Property to whom was referred the matter of departmental budgetary transfers and appropriations have considered said matter and beg leave to report as follows, to wit; Submit the accompanying order and recommend its adoption 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 8 of 12 Ordered: That the City Council approve an appropriation in the amount of two hundred fifty thousand ($250,000)dollars from Overlay Surplus account to the Reserve for Unforeseen. The balance of eight hundred twenty five thousand ($825,000) will then close out the fund balance account and offset a substantial portion of the one million four hundred fifty thousand ($1,450,000) dollars of free cash earmarked to balance the FY 2006 Budget. Furthermore, the two hundred fifty thousand ($250,000) dollars to be transferred to the reserve for unforeseen will be used to balance various accounts. Two hundred thousand ($200,000) dollars of the two hundred fifty thousand ($250,000) dollars is will be solely to litigation resolution. First Passage: Public Hearing: Final Passage: June 6, 2006 June 19, 2006 June 19, 2006 Order read once and adopted 8-0 Vote #143 The Committee on Finance and Property to whom was referred the matter of Leibovitz request to buy city property 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 #145 The Committee on Finance and Property to whom was referred the matter of Capital Project Transfers 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 Thursday, July 6, 2006 at 7:00 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to the following transfers: 1. 2. Transfer $124,540.12 from Airport road project (Fund 577) to the Dump Capping project (Fund 563) Transfer $9,120.72 from Ayers Element School project (Fund 503) and $460,000 from Centerville Elementary School project (Fund 504) to the Middle School project (Fund 531) First Passage: Public Hearing: Final Passage: June 19, 2006 July 6, 2006 July 6, 2006 Order read once and adopted 8-0 Vote #31 The Committee on Legal Affairs to whom was referred the matter of Communication re Zoning Central Commercial 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 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 9 of 12 #31A The Committee on Legal Affairs to whom was referred the matter of Communication from Planning re Zoning Central Commercial 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 #139 The Committee on Legal Affairs to whom was referred the matter of Application for limousine License-Davidson, 15 Michael Road 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 #146 The Committee on Legal Affairs to whom was referred the matter of Takings of Drainage Easements Raymond Farms 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 an appropriation in the amount of two hundred fifty thousand ($250,000)dollars from Overlay Surplus account to the Reserve for Unforeseen. The balance of eight hundred twenty five thousand ($825,000) will then close out the fund balance account and offset a substantial portion of the one million four hundred fifty thousand ($1,450,000) dollars of free cash earmarked to balance the FY 2006 Budget. Furthermore, the two hundred fifty thousand ($250,000) dollars to be transferred to the reserve for unforeseen will be used to balance various accounts. Two hundred thousand ($200,000) dollars of the two hundred fifty thousand ($250,000) dollars is will be solely to litigation resolution. First Passage: Public Hearing: Final Passage: June 6, 2006 June 19, 2006 June 19, 2006 Order read once and adopted 8-0 Vote #148 The Committee on Legal Affairs to whom was referred the matter of Application for Petroleum Storage License, SASG, LLC, 443 Essex Street have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted b8-0 Vote #149 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 10 of 12 The Committee on Legal Affairs to whom was referred the matter of Application for Petroleum Storage License, Windover Properties, 112 Rantoul Street have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted Order read once and adopted b8-0 Vote #135 The Committee of the Whole to whom was referred the matter of TIF agreement Cell Signaling have considered said matter and beg leave to report as follows, to wit: Refer to Finance and Property Order read once and adopted 8-0 Vote Unfinished Business: #137 Ordinance MV & T 30 Minute Parking-Goat Hill Lane Resolutions: Motions and Orders: #152 By Councilor Hobin: In the year two thousand and six An ordinance amending an ordinance entitled Animals (Chapter 4B) Be it ordained by the City Council of the City of Beverly as follows, to wit: Article II, Section 48-26 (a) (2) If found at large, elsewhere than in Off-Leash designated areas as described by policy of the Beverly Parks and Recreation Commission as approved by the Beverly City Council. (e) (I) From and including Memorial Day to and including Labor Day of each year, on- leashed dogs will be permitted in Lynch Park (excluding Gardens, playing fields and playground equipment areas) only between the hours of 6:00 a.m. and 7:45 a. m. (e) (2) From and including Memorial Day to and including Labor Day of each year, on-leashed dogs will be permitted in any other City Park (excluding Gardens, playing fields, and playground equipment areas) only between the hours of 7:30 p.m. to 8:00 a.m. (e) (3) Throughout each year, off-leashed dogs will be permitted in areas as designated by policy of the Beverly Parks and Recreation Commission as approved by the Beverly City Council only between the hours of 6:00 a.m. to 8:00 a. m. 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 11 of 12 (e) (4) Throughout each year, off-leashed dogs will be permitted in "Off-Leashed Dedicated Dog Parks" areas as designated by policy of the Beverly Parks and Recreation Commission as approved by the Beverly City Council only between the hours of 6:00 a.m. to 9:00 p.m. Article II, Section 48-28 (a) No person owning, harboring or having custody and control of a dog shall permit such dog to be at large in the City of Beverly at any time, elsewhere than in off-leashed areas as designated by policy of the Beverly Parks and Recreation Commission as approved by the Beverly city Council, elsewhere than on the premises of the owner, except if such dog be on the premises of another person with the knowledge and assent of such person. Further, any person owning, harboring or having custody and control of a dog in the City of Beverly, when such dog is not on the premises of the owner or upon the premises of another person with the knowledge and assent of such person, shall control and restrain such dog by a leash of appropriate length. Refer to Legal Affairs and Committee of the Whole #153 By Councilor Burke: In the year two thousand and six An Ordinance amending an ordinance entitled Animals (Chapter 4B) Be it ordained by the City Council of the City of Beverly as follows, to wit: That Section 4B-26 of the Revised Ordinances of the City of Beverly, 1989, be amended as follows: Delete Sections 4-B (e) (1) and (3) (2) ADD: (E) (1) Dogs restrained by a leash of appropriate length shall be permitted in City parks (excluding Gardens, playing fields and playground equipment areas). (3) (2) Dogs unrestrained by a leash shall be permitted only in areas designated by the City Council upon recommendation by the Animal Recreation Citizen Advisory Committee ADD: (g) Animal Recreation Citizen Advisory Committee (1) Composition -- There is hereby established the Animal Recreation Citizen Advisory Committee consisting of six members. Of the six members, one shall reside in Ward I, one shall reside in Ward II, one shall reside in Ward III, one shall reside in Ward IV, one shall reside in Ward V, and one shall reside in Ward VI, and shall be nominated by their respective ward councilor. All members shall be residents of the city and shall not be in the employ of the city of Beverly. All appointments shall be for three year terms. All appointments shall be subject to review by the City Council. (2) Authorities and Responsibilities -- The Animal Recreation Citizen Advisory Committee shall act in an advisory and consulting capacity to the City Council and other interested city departments, boards, committees or commissions and to the citizens of the city, relative to matters concerning off-leash areas, dog license fees, fines, and other matters referred from the Beverly City Councilor one of its standing committees. This ordinance to take effect upon passage according to City Charter. Refer to Legal Affairs and Committee of the Whole 8/24/2009 7:30 PM #414 Public Hearing Loan Order Drainage Projects Page 12 of 12 #154 By Councilor Burke: In the year two thousand and six An Ordinance amending an ordinance entitled Animals (Chapter 4B-16) Be it ordained by the City Council of the City of Beverly as follows, to wit: Chapter 4B-16 Disposal of animal waste" DELETE: the words "twenty-five dollars ($25.00)" in item (d) (Fines for violation) ADD: and insert in place thereof the words: "fifty dollars ($50.00)". This ordinance to take effect upon passage according to City Charter. Refer to Legal Affairs and Committee of the Whole Meeting adjourned: 11:10 PM Frances A. Macdonald, CMC City Clerk 8/24/2009