2004-09-20
7:00 PM #277 Mike Pierce relative to Beverly Golf and Tennis Club
7:45 PM Resolution-Joseph Pietrini-Retirement from Board of Registrars
7:55 PM #261 Public Hearing-Petition Mass Electric-conduit & equip. 245 Dodge St.
Refer to Public Services
Regular Meeting of Beverly City Council 8:00 PM Sept. 20, 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 Grimes
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of September 7, 2004
Communications from His Honor the Mayor
:
#281
September 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Roger Morency,
8 Columbia Road, Beverly, MA 01915, to serve as a Registrar of Voters.
Mr. Morency will replace Mr. Joseph Pietrini who resigned. His term will be effective until
March 31, 2006.
Attached are communications from Frances Macdonald, City Clerk and Duane
Anderson, Chairman of the Beverly Democratic City Committee concerning this
appointment.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#282
September 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizens to
serve as members of the Beverly Golf and Tennis Commission:
Ms. Joyce McMahon
15 ½ Rowell Avenue
Beverly, MA 01915
(She will replace Mr. John Kenney and her term will be effective until
February 1, 2005.)
160
Mr. Richard Barger
63 Neptune Street
Beverly, MA 01915
(He will replace Mr. Donald Jones and his term will be effective until
February 1, 2007.)
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#283
September 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizens to
serve as members of the Beverly Cultural Council:
Mr. Daniel Murphy
27 Neptune Street
Beverly, MA 01915
Term to be effective until April 30, 2007.
Ms. Gildas Quinquis
25 McKinley Avenue
Beverly, MA 01915
Term to be effective until April 30, 2006.
Mr. Leighton O’Connor
13 Ames Street
Beverly, MA 01915
Term to be effective until April 30, 2006.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#284
September 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation, the following citizens to
serve as members of the Beverly Cultural Council:
Ms. Jan Lewis Plourde Ms Rachel Pohl
42 Thorndike Street 29 Atlantic Avenue
Effective until April 30, 2005 Effective until April 30 2006
Ms. Doreen Ushakoff Mr. Brad Waldron
43 Lovett Street 7 Bisson Street
Effective until April 30, 2006 Effective until April 30, 2006
Ms. Lou Anne Faria
81 Essex Street
Effective until April 30, 2006
161
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#285
September 20, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Ms. Patricia Adams,
189 East Lothrop Street, Beverly, MA to serve as the Parks and Recreation Commission
representative to the Open Space and Recreation Committee.
Ms. Adams will replace Mr. David Gardner who did not wish to be reappointed. Her term
will be effective until August 31, 2007.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
Communications from other City Officers and Boards
#286
City Solicitor, Roy Gelineau request to go into Executive Session relative to litigation
Receive and Place on File
#287
September 3, 2004
City Council
City of Beverly
Dear Members of the Council:
As specified in the Street Opening Ordinance, I am here requesting the funds of the
following Licensed Dig Contractors be transferred from the Street Opening Escrow
Account to the Public Services Maintenance Account
CONTRACTOR INVOICE AMOUNT
Wickson Construction D286 $500
Newburyport D309 $500
Linskey Construction D429 $500
Salem D334 $500
Grasso Construction D107 $500
Beverly
Doyle Backhoe D195 $500
Rockport D272 $500
Middlesex Corp. D118 $500
Littleton
C & M Backhoe D264 $500
Stoughton
Cameo Enterprises D421 $4600
Hanover ______
Total $14,100
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These contractors have not conformed to our Street Opening Specifications.
They have been given notice and have not responded.
Very truly yours,
Frank J. Killilea, Jr., P.E.
Director of Engineering
Refer to Finance and Property
#288
September 16, 2004
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: 140 Hart Street Conservation Restriction
Dear Honorable Council Members,
At the September 14, 2004 Conservation Commission meeting, David Santomenna,
Director of Land Conservation for the Essex County Greenbelt Association, gave a
presentation regarding the proposed Conservation Restriction for 140 Hart Street. The
Commission wishes to take this opportunity to first thank the Loring family for their
generosity and willingness to preserve this beautiful piece of property. At the September
14 meeting, Commission voted unanimously to support this restriction and signed the
th
Municipal Certification as required by the Executive Office of Environmental Affairs.
The Commission agrees that this property, preserved in its natural state, provides
significant conservation and ecological values to a contiguous patchwork of protected
open space commonly referred to as Beverly Commons. The property contains various
ecological niches that include grasslands, upland forest hosting a variety of wildlife, as
well as a riparian corridor and wetlands that contribute to the tributaries and upper
reaches of Chubb Brook and other perennial streams. The protection of this property will
secure the integrity of the surrounding natural landscape and provide significant scenic
and passive enjoyment opportunities for this and futures generations.
The Conservation Commission would like to offer its support for this Conservation
Restriction and hopes that the City Council will look favorably upon this carefully crafted
stewardship plan offered by the Loring family.
If you have any questions or need further information please do not hesitate to contact
me.
Thank you for your time and attention in this matter.
Sincerely,
David J. Lang, Chairman
Refer to Legal Affairs
#289
September 16, 2004
Honorable City Council
City Hall
191 Cabot Street
Beverly, MA 01915
RE: 140 Hart Street Conservation Restriction
Dear Honorable Council Members,
163
At the September 1, 2004 Open Space and Recreation Committee meeting, David
Santomenna, Director of Land Conservation for the Essex County Greenbelt Association,
gave a presentation regarding the proposed Conservation Restriction for 140 Hart Street.
The Committee voted unanimously to support this restriction and would like to thank the
Loring family for their valuable contribution to the protection of open space within the
City.
The Committee agrees that this property, preserved in its natural state, provides
significant conservation and passive recreational values to an area of Beverly containing
contiguous protected open space parcels known as the Beverly Commons or Witch
Woods. The protection of this property is consistent with the City of Beverly’s 2001 Open
Space and Recreation Plan, specifically Goal #1 and #6, which strive to preserve and
enhance Beverly’s existing open space and protect its environmental resources. The
addition of this property will provide a significant buffer from residential development on
Dyer and Adeline Roads and Hart Street thereby enhancing an “outback” experience
while hiking through the core areas of the Commons. The protection of this property will
secure the integrity of the surrounding natural landscape and provide significant scenic
and passive enjoyment opportunities for this and future generations.
The Open Space and Recreation Committee would like to offer its support for this
Conservation Restriction and hopes that the City Council will look favorably upon this well
crafted land stewardship plan offered by the Loring family.
If you have any questions or need further information please do not hesitate to contact
me.
Thank you for your time and attention in this matter.
Sincerely,
Robert Buchsbaum, Chairman
Refer to Legal Affairs
#290
Beverly Airport and Sprint Spectrum LP Lease Agreement
Refer to Legal Affairs
Communications, Applications and Petitions:
#291
Communication from Essex County Greenbelt relative to a Conservation Restriction and
Municipal Certification for a parcel of land off Hart Street.
Refer to Legal Affairs
#292
Communication relative to Second Water Meters
Refer to Public Services
#293
Application-One Day Auctioneers License-United Rug Auctioneers for Nov. 14, 2004
Refer to Legal Affairs
#294
Request for Live Tree Removal at 25 Hillcrest Avenue
Refer to Public Services
164
Reports from Committees:
#246
The Committee on Finance and Property to whom was referred the matter of Mayor’s
Report on Financial and Administrative Activities for 2004 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
#263
The Committee on Finance and Property to whom was referred the matter of request for
removal of live tree at 30 Sonning Road have considered said matter and beg leave to
report as follows, to wit:
Refer to Public Services
9-0 Vote
Order read once and adopted
#275
The Committee on Finance and Property to whom was referred the matter of request for
removal of live tree at 11 Glidden Street have considered said matter and beg leave to
report as follows, to wit:
Refer to Public Services
9-0 Vote
Order read once and adopted
#235
The Committee on Legal Affairs to whom was referred the matter of live tree removal at
34 County Way have considered said matter and beg leave to report as follows, to wit:
Ordered: That the City Council hold a public hearing on Monday, October 4, 2004 in
Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA at 7:55 PM relative to the
removal of a live tree at 34 County Way.
9-0 Vote
Order read once and adopted
#242
The Committee on Legal Affairs to whom was referred the matter of request for 15 minute
parking at 151 Hale St. have considered said matter and beg leave to report as follows,
to wit:
Submit the accompanying order and recommend its adoption
Ordered: That 15 minute parking signs be placed at 151 Hale St.
9-0 Vote
Order read once and adopted
#245
The Committeeon Legal Affairs to whom was referred the matter of appointment as
Constable of John Giordano have considered said matter and beg leave to report as
follows, to wit:
Recommend the council approve the appointment
9-0 Vote
Order read one and adopted
165
#254
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T
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 Stop Signs
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Sections 86 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by adding the following stop signs:
Sec. 14-86 Lovett Street, north and southbound drivers on Lovett Street at
ADD:
Central Street
This ordinance to take effect upon passage according to City Charter
First Passage: September 20, 2004
Final Passage: October 4, 2004
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#255
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T
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 Stop Signs
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Sections 86 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by adding the following stop sign:
Edwards Street, at Rantoul Street, stop sign on Edwards Street
ADD:
This ordinance to take effect upon passage according to City Charter
First Passage: September 20, 2004
Final Passage: October 4, 2004
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#256
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T
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 Stop Signs
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Sections 86 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by adding the following stop sign:
166
Chestnut Street, at Chase Street, stop sign on Chestnut Street
ADD:
This ordinance to take effect upon passage according to City Charter
First Passage: September 20, 2004
Final Passage: October 4, 2004
9-0 Vote
Ordinance read once and held for final passage as per Charter Provisions
#257
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T
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 Stop Signs
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Sections 86 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by adding the following stop sign:
Old Rubbly Road, at Essex Street, stop sign on Old Rubbly Road
ADD:
This ordinance to take effect upon passage according to City Charter
First Passage: September 20, 2004
Final Passage: October 4, 2004
9-0 Vote
Ordinance read once and held for final passage as per charter provisions
#258
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T
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 One Way
Streets
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Sections 96 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by adding the following:
Chase Street, from Chestnut Street to Elliott Street, traffic to proceed
ADD:
southerly
This ordinance to take effect upon passage according to City Charter
First Passage: September 20, 2004
Final Passage: October 4, 2004
9-0 Vote
Ordinance read one and held for final passage as per Charter Provisions
#259
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T
have considered said matter and beg leave to report as follows, to wit:
167
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 One Way
Streets
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Sections 96 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by deleting the following:
Edwards Street, from Rantoul Street to Cabot Street, traffic to proceed
DELETE:
easterly
This ordinance to take effect upon passage according to City Charter
First Passage: September 20, 2004
Final Passage: October 4, 2004
9-0 Vote
Ordinance read once and held for final passage as per Charter Provisions
#260
The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T
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-
Tow Zone
Be it ordained by the City Council of the City of Beverly as follows, to wit:
That Chapter 14, Sections 137 of the Revised Ordinances of the City of Beverly, 1989, be,
and the same is hereby amended by adding the following:
Towing of Vehicles parked in specific areas
ADD:
Street, southerly Elliott side, from Park Street to Rantoul Street
This ordinance to take effect upon passage according to City Charter
First Passage: September 20, 2004
Final Passage: October 4, 2004
9-0 Vote
Ordinance read once and held for final passage as per Charter Provisions
#269
The Committee on Legal Affairs to whom was referred the matter of application for One
Day Auctioneers License-United Rug Auctioneers 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
#270
168
The Committee on Legal Affairs to whom was referred the matter of applications for
Second Hand Junk Dealers License-Endless Video Superstore 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
#120
The Committee on Public Services to whom was referred the matter of Proposed Trash
Fee 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
#261
The Committee on Public Services to whom was referred the matter of Petition of Mass
Electric for conduit and underground equipment at 245 Dodge Street have considered
said matter and beg leave to report as follows, to wit:
Recommend the Petition be Granted
9-0 Vote
Order read once and adopted
Unfinished Business:
Resolutions:
Motions and Orders:
#295
By Councilors Burke and Costa:
Ordered: That the Mayor divert the one hundred to one hundred fifty thousand
dollars, requested by the school department, to the fire department in order to
reinstate fire equipment (namely ladder 1) back into immediate service.
Once again, in lieu of the Freyman/Egan family tragedy that occurred Sept. 8th on
Bartlett St., it has become crystal clear to the taxpayers of Beverly of the absolute
necessity of putting ladder 1 back in service, and modernizing and updating the fire
station in Ward II.
Refer to Finance and Property and Public Services
Meeting adjourned: 10:20 PM Frances A. Macdonald, CMC
City Clerk
169