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2004-09-07 Regular Meeting of Beverly City Council 8:00 PM Sept. 7, 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 Coughlin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of July 12, 2004 Communications from His Honor the Mayor : #246 September 7, 2004 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: In accordance with Section 3-6, Paragraph (a) of the Beverly City Charter I hereby submit the attached Mayor’s Report on Financial and Administrative Activities for the Fiscal Year 2004. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #247 September 7, 2004 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Timothy Creamer, 36 Appleton Avenue, Beverly, MA 01915, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Mr. Creamer’s term will be effective until September 30, 2007. Attached is his letter of application, which has been approved by Police Chief John Cassola. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #248 September 7, 2004 Honorable City Council City Hall 191 Cabot Street 151 Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following citizens to serve as members of the Open Space and Recreation Commission: William Squibb Robert Buchsbaum 509 Cabot Street 12 Bertram Street Beverly, MA 01915 Beverly, MA 01915 Their terms to be effective until August 31, 2007. Very truly yours, William F. Scanlon, Jr., Mayor 9-0 Vote Recommend approval of the appointments #249 September 7, 2004 Honorable City Council City Hall 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. John P. Giordano, 75 Kimball Road, Amesbury, MA 01913, to serve as a Constable in the City of Beverly for the express purpose of serving Civil Process. Mr. Giordano’s term will be effective until September 30, 2007. Attached is his application that has been approved by Police Chief John Cassola Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs l Communications from other City Officers and Boards #250 Communication from Chief Cassola relative to the towing of a car at the Hartman Residence Receive and Place on File #251 Communication from City Solicitor Roy Gelineau relative to pending litigation against the city. Receive and Place on File #252 Communication from City Solicitor Roy Gelineau relative to the use of outside counsel that was used by the city in 2003-2004 Fiscal Year. Receive and Place on File 152 #253 Communication from Chief Cassola relative to the promotion of Michael Cassola and Joseph Shiars. Receive and Place on File #254 August 30, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Stop Signs, Lovett Street at Central Street, both directions. Over the summer we had a request for a Stop signs on Lovett Street at Central Street, in both directions. There was already a stop sign on Central Street at this intersection, but there have been several motor vehicle accidents at this location because of poor site distances. We investigated this location and found it meets the warrants in the M.U.T.C.D., so temporary stop signs were installed on a trial basis. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop signs; Lovett Street, north and southbound drivers on Lovett ADD: Ch. 14 s 86, Street at Central Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Refer to Legal Affairs #255 August 30, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Stop Sign, Edwards Street, at Rantoul Street Over the summer we had a request for a Stop sign on Edwards Street where it intersects with Rantoul Street. We investigated this location and found it meets the warrants in the M.U.T.C.D., so a temporary stop sign was installed on a trial basis. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop sign; 1. Edwards Street, at Rantoul Street, stop sign on Edwards Street.. ADD: Very truly yours, Dennis O. Tarsook, Traffic Sergeant Refer to Legal Affairs 153 #256 August 30, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Stop Sign, Chestnut Street at Chase Street Over the summer we had a request for a Stop sign on Chestnut Street where it intersects with Chase Street. We investigated this location and found it meets the warrants in the M.U.T.C.D., so a temporary stop sign was installed on a trial basis. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop sign; Chestnut Street, at Chase Street, stop sign on Chestnut ADD: Ch, 14 s 86. Street.. Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Refer to Legal Affairs #257 August 30, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Stop Sign, Old Rubbly Road at Essex Street Over the summer we had a request for a Stop sign on Old Rubbly Road where it intersects with Essex Street. We investigated this location and found it meets the warrants in the M.U.T.C.D., so a temporary stop sign was installed on a trial basis. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following stop sign; Old Rubbly Road at Essex Street, stop sign to be on Old ADD: Ch. 14 s 86, Rubbly Road. Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Refer to Legal Affairs #258 August 30, 2004 Honorable City Council 154 C/o Mrs. Frances MacDonald City Hall Beverly, Ma. 01915 Dear Council, RE: Chase Street, One-way from Chestnut Street to Elliott Street. We have been asked and have conducted a 30-day trial for one-way traffic on Chase Street, from Chestnut Street to Elliott Street. Please take the necessary action to add Chapter 14, Section 96 as follows: ADD: Sec. 14-96. One-way streets. Chase Street, from Chestnut Street to Elliott Street, traffic to proceed southerly. Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Refer to Legal Affairs #259 August 30, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Edwards Street, One-way restriction to be removed We have revisited the one-way restriction on Edwards Street and have done a 30-day study to return it to a two-way street. Edwards Street was made one-way when the Edwards School needed it to allow school busses to unload children safely. Now that the school is gone, it can be returned to two-way traffic. Please take the necessary action to delete Chapter 14, Section 96 as follows: DELETE: Sec. 14-96. One-way streets. Edwards Street, from Rantoul Street to Cabot Street, traffic to proceed easterly. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #260 August 30, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Elliott Street, NO PARKING – TOW AWAY ZONE, Park Street to Rantoul Street, southerly side. We have been asked and conducted a 30-day trial for NO PARKING – TOW AWAY ZONE on Elliott Street, southerly side, from Park Street to Rantoul Street. When the state designed & built Rt. 62 they intended this area to be 2 lanes in an easterly direction. We 155 had tried to preserve the 2-3 parking spaces but it became a safety hazard, so we initiated the parking restriction here. Please take the necessary action to add Chapter 14, Section 137 as follows: ADD: Sec. 14-137. Towing of vehicles parked in specific areas. Elliott Street, southerly side, from Park Street to Rantoul Street. Very truly yours, Dennis O. Tarsook Traffic Sergeant Safety Officer Refer to Legal Affairs Communications, Applications and Petitions: #261 Petition of Mass Electric for installation of 2 3” pvc conduit and miscellaneous underground equipment at 245 Dodge Street Refer to Public Services #262 Comm. from J. Horton relative to discontinuance of business at 42 Park Street Receive and Place on File #263 Request to remove live tree at 30 Sonning Road Refer to Finance and Property #264 Resolution against USA Patriot Act Refer to Committee of the Whole #265 Comm. re USA Patriot Act Refer to Committee of the Whole #266 Comm. from MassHighway re Rt 128/Brimbal Ave. Interchange Receive and Place on File #267 Comm. from MassHighway re Layout #7821 Limited Access Receive and Place on File 156 #268 Comm. from MassHighway re Layout #7824 Limited Access Receive and Place on File #269 Application for Auctioneers License United Rug Auctioneers, Inc. for Jan. 8 & 9, 2005 Refer to Legal Affairs #270 Application Second Hand Dealers license Endless Video Superstore Refer to Legal Affairs #271 Application One Day Auctioneers License-Kaminski Auctioneers for Sept. 18, 2004 Refer to Legal Affairs #272 Comm. re UN Association of Greater Boston United Nations Day Receive and Place on File #273 Application-Lodging House License, 32 Broadway Refer to Legal Affairs #274 Petition on behalf of residents who support the effort to save the pool at the Beverly Golf and Tennis Club Refer to Finance and Property Reports from Committees: #271 The Committee on Legal Affairs to whom was referred the matter of Application for one day Auctioneers License Kaminski Auctioneers for an event September 18, 2004 have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted 9-0 Vote Order read once and adopted #261 The Committee on Public Services to whom was referred the matter of Petition of Mass Electric have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption 157 Ordered: That the City Council of the City of Beverly hold a public hearing on Monday, Sept. 20, 2003 at 7:58 PM in Council Chambers, at 191 Cabot Street, Beverly, MA relative to the installation of 2 3” PVC conduits and miscellaneous underground equipment at 245 Dodge Street. 9-0 Vote Order read once and adopted Unfinished Business: #231 Ordinance-MV & T No Parking Boyles Street #236 Ordinance-MV & T Parking on Hale Street Resolutions: Motions and Orders: #275 By Councilor Burke: Ordered: That the City’s Forest and Grounds Division of the Dept of Public Works remove a tree located at 11 Glidden Street, which has become a nuisance for nearby residents. Refer to Finance and Property #276 By Councilor Hobin: Ordered: That the following ”Go Slow Children’’ Signs be installed At both ends of Pine Road. Recommend approval of the order #277 By Councilor Guanci: Ordered: That the City Council extend an invitation to Mr. John Kenney, Chairman of the Beverly Golf and Tennis Commission and Mr. Douglas Johnson, President of Johnson Golf to appear before the City Council on September 202004 at 7:00pm to address questions , and concerns regarding the playing condition of the course at the Beverly Golf and Tennis Club. Recommend approval of the order #278 By Councilor Guanci: Ordered: That the City of Beverly develop a program to offer homeowners second water meters to track and monitor outside water usage that is not subject to sewer usage. The entire cost of the water meter plus the installation will be borne by the participating homeowner. Refer to Public Services #279 By Councilor Costa: That the Mayor, Dir. of Finance, and School Comm. Chair. Judith Cronin Ordered: appear before the City Council to offer an explanation/distribution of unemployment compensation to former Supt. of Schools Dr. Lupini, and be it further requested that at that meeting I wish to discuss w/the Mayor and the City Solicitor how former Human 158 Resources Director Tom L'Italien could take, without permission, city property (namely the hard drive [and its contents] in a City owned computer) and not be prosecuted for it. Refer to Legal Affairs #277 By Councilors Coughlin and Costa Ordered: That the City Council schedule a public meeting as to the operation of the Beverly Golf and Tennis Club as considering the recent report of the US Golf Association was less than enthusiastic about the condition of the course which ultimately very might mean a significant loss of revenue stream to the city coffers. Approved and added to order 277 #280 By Councilor Guanci: Ordered: That the City of Beverly contact the necessary parties and begin to discuss the feasibility of moving the Federal Channel in Beverly Harbor. Refer to Finance and Property with copy sent to BHMA Meeting adjourned: 9:00 PM Frances A. Macdonald, CMC City Clerk 159