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2012-03-12Special Meeting Beverly Meeting Minutes Page 1 of 4 From: Kathy Connolly [kconnolly @beverlyma.gov] Sent: Thursday, March 29, 2012 6 :21 PM To: Jim Latter; Don Martin; pguanci @beverlyma.gov; jsilva @beverlyma.gov; sdullea @beverlyma.gov; Brett Schetzsle; mtroubetaris @beverlyma.gov; wslate @beverlyma.gov; shouseman @beverlyma.gov; minutes @beverlyma.gov; BETTERGOV1 @aol.com Subject: 3- 12- 12sp.doc Special Meeting Beverly City Council 8:00 PM MARCH 12,2011 Roll Call: Councilors Present: Paul Guanci, Jason Silva, Scott Dullea, Maureen Troubetaris, D. Wesley Slate, Jr., James Latter, Scott Houseman, Donald Martin, Brett Schetzsle Pledge of Allegiance to the Flag: yea b councilor Silva Public Hearings and Public Speakers: #48 - A Call for Special Meeting of March 12, 2012 Communications from His Honor the Mayor: Communications from other City Offices: #48 Communication: Chief Mark Ray re: February 21, 2012 February 14, 2012 Honorable Councilors City of Beverly 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: The Beverly Police Department respectfully requests that the Beverly City Council revoke the second hand dealer's license previously granted to George Maroskos and JGM Numismatics Investments, located at 284 Cabot Street, for violating Section 12 of Beverly City Ordinances. On several occasions, the Beverly Police Department determined that Mr. Maroskos conducted business in a manner which has aided criminal activity, misled police investigations, and 4/5/2012 Special Meeting Page 2 of 4 prevented crime victims from recovering valuable property stolen from them. In the most recent January 30, 2012 case (237316), Beverly Police assisted Hamilton Police investigating thefts from a Hamilton home of several thousand dollars in precious metals and stones. During five transactions over a three week period, the thief sold many of the stolen items to Mr. Maroskos. During the course of these transactions, Mr. Maroskos failed to obey the Beverly City Ordinances by: 1. Failing to require a proper identification 2. Failing to photograph valuables 3. Failing to properly document the transactions 4. Failing to forward the transaction information to the Beverly Police Department 5. Failing to hold the valuables for thirty (30) days, and 6. Failing to maintain the valuables in their original condition The investigating officer wrote in the official report, "Mr. Maroskos actions in this matter prove to be devastating and irreparable to this criminal investigation. His blatant violation of the city ordinance has led to the destruction of evidence in a criminal investigation and has also suffered the victim a total loss of her heirloom property." The Beverly Police Department with the District Attorney's office have filed criminal charges against Mr. Maroskos under Massachusetts General Law Chapter 268 -13b for Misleading a Police Investigation in this case. This is not a first instance in which Mr. Maroskos has ignored or failed to adhere to the licensing requirements mandated by this Council. On September 20, 2011 case (229349), Detective Liacos delivered a revised second hand dealers ordinance, in hand, to Mr. Maroskos after he failed to report transactions for twenty (20) days. On February 4, 2011 case (214779), Beverly Police assisted Salem Police investigating the theft of forty -five (45) sterling silver bars. Mr. Maroskos had purchased a number of the stolen sterling silver bars and failed to report the transaction to the Beverly Police. The investigators were unable to recover the stolen items. On January 30, 2009 case (168894), Beverly Police assisted Danvers Police investigating the theft of twenty -two (22) one ounce gold Krugerrands. Mr. Maroskos bought 14 of the stolen Krugerrands, never reported the transactions, and disposed of them prior to the thirty (30) day hold requirement. On November 6, 2008 case (164311), Beverly Police Detective Ganey assisted the Gloucester Police in the investigation of a stolen 7.5 karat diamond ring, valued at approximately $100,000. Mr. Maroskos denied any knowledge of the ring or the suspected thief. The thief later confessed to bringing the ring to JGM Numismatics Investments and negotiating with Mr. Maroskos. Mr. Maroskos arranged for the ring to be brokered to a third party. The diamond was later returned to the victims, only after the District Attorney agreed not to criminally prosecute Mr. Maroskos or the third party broker. Under Section 12 of Beverly City Ordinances, every licensee shall keep a permanent record detailing the transaction, require photo identification, and make and maintain a photograph of all items purchased. All items are required to be held in the condition received for the duration of the retention period of thirty (30) days. Licensees are further required to forward electronically, not later than Friday of every week, a copy of such entry to the Beverly Police Department. All transactions are required to be open to the inspection of the Mayor, the City Council or any individual city councilor, and police officers of the City of Beverly. By granting a business a license to buy and sell items that are frequently targeted by criminals, our community has a right to expect that the owner will conduct himself in a manner which obeys the 4/5/2012 Special Meeting Page 3 of 4 ordinance, and that he will act to assist this community in deterring criminal activity. No community has the resources to oversee every transaction of such a business. Businesses licensed to buy and sell valuable metals and precious stones must cooperate 100% of the time. Mr. Maroskos' actions clearly demonstrate an attempt to circumvent the rules established to discourage criminal activity and to protect victims of crime. His actions have made it more difficult for police to successfully conclude investigations into residential breaks and thefts, and have prevented crime victims from recovering valuables and heirlooms stolen from their homes. Beverly City Ordinances clearly provides that, "the City Council may revoke such licenses at its pleasure." The Beverly Police Department respectfully requests that the honorable City Council revoke the license of JGM Numismatics Investments. Very truly yours, Mark A. Ray Chief of Police NOTICE OF HEARING 2012 BY HAND DELIVERY February 21, 2012 George Maroskos d /b /a J G M Numismatic Investments 284A Cabot Street Beverly, MA 01915 Dear Mr. Maroskos: Take NOTICE that on Monday, March 12,2012, at _8:OOP.M. the City Council of the City of Beverly acting as licensing authority under G. L. Chapter 140 §54 and the Revised Ordinances of the City of Beverly Sec. 12, ARTICLE IV will conduct a hearing in City Council Chambers, 3 rd Floor City Hall 191 Cabot Street, Beverly, MA as to why a JUNK DEALER'S LICENSE (Number 2011 -5) previously issued to you should not be revoked. The reasons for possible revocation are as outlined in a letter from the City of Beverly Chief of Police to the City Council dated February 14, 2012, a copy of which is attached hereto and in its entirety is incorporated herein by reference. You have the right at this hearing to speak or to have others speak on your behalf and the right to have an attorney represent you. Should you fail to appear at the hearing, the City Council shall proceed to determine the status of your license in your absence. City Council City of Beverly By: 4/5/2012 Special Meeting Kathleen Connolly City Clerk Communications, Applications and Petitions: Reports from Committees: #48 Page 4 of 4 The Committee on Legal Affairs to whom was referred the matter of communication from Police Chief, Mark Ray relative to the revocation of Second Hand Junk Dealers License #2011 -5 (JGM Numismatics Investments — 284A Cabot St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That by a roll call vote — all Councilors voting in the affirmative to revoke the Second Hand Junk Dealers License immediately for JGM Numismatic Investments of 284A Cabot St. Order read once and adopted 9 -0 Vote Unfinished Business: Motions and Orders: Motion for reconsideration of Order # 48 Councilor Slate 2" Councilor Latter All in favor (0) All opposed (9) Motion fails 9.0 by Roll Call Vote Minutes of Hearing by Professional Court Reporter — William Beaupre On file with Council Order #48 in the City Clerk's Office Meeting adjourned: 11:40PM Attest: Kathleen P. Connolly, CMC City Clerk 4/5/2012