2004-10-04
7:45 PM Tina Cassidy-Presentation David Gardner
7:55 PM #235 Public Hearing-Removal Live Tree at 34 County Way
Refer to Public Services
Regular Meeting of Beverly City Council 8:00 PM October 4, 2004
Roll Call
Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy
:
Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris, Paul
Guanci. Councilor Costa was absent
Pledge of Allegiance to the Flag
: Led by Councilor Flaherty
Appointments:
Acceptance of Minutes of Previous Meeting:
Meeting of September 20, 2004
Communications from His Honor the Mayor
:
#296
October 4, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. William F. Terry, Jr.,
530 Essex Street, Beverly, MA 01915, to serve as a member of the Beverly Golf and Tennis
Commission.
He will fill the unexpired term of Mr. Lawrence Nelson and his term will be effective until
February 1, 2005.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#297
October 4, 2004
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, Mr. Jason Silva, 2 Dane
Street, Beverly, MA 01915 to serve as a member of the Planning Board.
He will fill the vacancy left by Peter Thomas and his term will be effective until December
31, 2005.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
170
Communications from other City Officers and Boards
#298
September 29, 2004
City Council
191 Cabot Street
Beverly, MA 01915
Dear Honorable Council:
Enclosed please find the Call for Election for the November 2, 2004 State Election.
Respectfully,
Frances A. Macdonald, CMC
City Clerk
Receive and Place on File
#299
October 4, 2004
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, MA. 01915
Dear Councilors,
Re: School Zone, 20 MPH Speed Limit, When Children Are Present
The state allows cities and towns to post areas that directly abut schools as a School
Zone, Speed Limit 20 MPH, when Children are present. We have an area in Ward III, by
Briscoe Middle School and Beverly High School that should be posted for this special
speed limit.
Please take the necessary actions to make the following streets School Zones, 20 MPH
Speed Limit, when Children are present:
1.Charles Street
1.
2.Swan Street
2.
3.Mason Street
3.
4.Lyman Street
4.
5.Ames Street
5.
6.Herrick Street, from Cabot Street to Sohier Road
6.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Refer to Legal Affairs
#300
October 4, 2004
Honorable City Council
C/o Mrs. Frances MacDonald
City Hall
Beverly, Ma. 01915
171
Dear Council,
RE: Multi-way Stop Signs, area North Beverly Elementary School
We have had many requests for multi-way Stop signs on the streets around the North
Beverly Elementary School. We have investigated these locations and found they do
meet the warrants in the M.U.T.C.D., so we are requesting stop signs at the following
locations:
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:
1. Putnam Street, northwest and southeast drivers on Putnam Street at
ADD:
Walnut Avenue.
2.Walnut Avenue, northeast and southwest drivers on Walnut
2.
Avenue at Laurel Street.
Very truly yours,
Dennis O. Tarsook, Traffic Sergeant
Safety Officer
Refer to Legal Affairs
#301
Lease Agreement-City of Beverly and Beverly Airport Mini Storage LLC
Refer to Legal Affairs
Communications, Applications and Petitions:
#302
A Proclamation by Governor Mitt Romney relative to VFW DAY
Receive and Place on File
#303
Communication relative to sidewalk repair that needs to be done at 29 Lothrop St.
Receive and Place on File
Refer to Michael Collins
#304
Comm. from MassHighway relative to standards on State Highways
Receive and Place on File
#305
Comm. re Water Meter Problem-Paul Robinson, 12 Bates Park Ave.
Refer to Public Services
Reports from Committees:
172
#241
The Committee on Finance and Property to whom was referred the matter of request for
supplemental appropriation for School Dept. have considered said matter and beg
leave to report as follows, to wit:
Receive and Place on File
6-2 Vote Grimes and Troubetaris voting against
Order read once and adopted
#280
The Committee on Finance and Property to whom was referred the matter of request to
move Federal Channel in Beverly Harbor have considered said matter and beg leave to
report as follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
#287
The Committee on Finance and Property to whom was referred the matter of
Engineering request to transfer from Street Opening Escrow Account to Public Services
Maintenance Account 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 City Engineer, Frank Killilea for
a transfer from Street Opening Escrow Account to the Public Services Maintenance
Account I the amount of fourteen Thousand one hundred dollars.
8-0 Vote
Order read once and adopted
#295
The Committee on Finance and Property to whom was referred the matter of request to
divert monies to Fire Dept. have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
#235
The Committee on Legal Affairs to whom was referred the matter of Live Tree Removal have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That Richard Grant be allowed to remove a live tree at 34 County Way and be it
further ordered that the land owner pay the expense of the removal of the tree, and for the
planting of two trees in the area (approved by the Tree Dept.) and that the homeowner
assume responsibility for the relocating of the hydrant
8-0 Vote
Order read once and adopted
#247
173
The Committee on Legal Affairs to whom was referred the matter of Appointment as
Constable of Timothy Creamer have considered said matter and beg leave to report as
follows, to wit:
Recommend the Council approve the Appointment
8-0 Vote
Order read once and adopted
#273
The Committee on Legal Affairs to whom was referred the matter of Application for
Lodging House License at 32 Broadway have considered said matter and beg leave to
report as follows, to wit:
Original decision to deny the license rescinded on an 8-0 Vote
Decision to approve granting of license 8-0 Vote
Recommend the license be granted
8-0 Vote
Order read once and adopted
#279
The Committee on Legal Affairs to whom was referred the matter request to invite Mayor,
Director of Finance and School Committee Chair to a meeting have considered said
matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor, Dir. Of Finance, and School Comm. Chair. Judith Cronin 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 with the Mayor and the City Solicitor how former Human 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.
8-0 Vote
Order read once and referred back to committee
#281
The Committee on Legal Affairs to whom was referred the matter of Appointment to the
Board of Registrars-Roger Morency have considered said matter and beg leave to report
as follows, to wit:
Recommend the council approve the appointment
8-0 Vote
Order read once and Adopted
#282
The Committee on Legal Affairs to whom was referred the matter of Appointment Beverly
Golf and Tennis Commission of Joyce McMahon and Richard Barger have considered
said matter and beg leave to report as follows, to wit:
Recommend the Council approve the Appointment
8-0 Vote
Order read once and Adopted
#288
174
The Committee on Legal Affairs to whom was referred the matter of Communication
from Conservation Commission re Conservation Restriction for 140 Hart St. have
considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
adopted 8-0 Vote
Order read once and
#289
The Committee on Legal Affairs to whom was referred the matter of Communication
from Open Space and Recreation Committee re Conservation Restriction for 140 Hart
Street have considered said matter and beg leave to report as follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and Adopted
#290
The Committee on Legal Affairs to whom was referred the matter of Lease-Beverly Airport
and Sprint Spectrum have considered said matter and beg leave to report as follows, to
wit:
Submit the accompanying order and recommend its adoption
Ordered: That the Mayor be, and the same is hereby authorized to sign the enclosed lease for
the Beverly Airport and Sprint Spectrum as per the request of the Airport Commission.
8-0 Vote
Order read once and Adopted
#291
The Committee on Legal Affairs to whom was referred the matter of Communication
from Essex County Greenbelt relative to Conservation Restriction and Municipal
Certification for land off Hart St. 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 accept the Conservation Restriction and Municipal
Certification for a parcel of land off Hart Street. The restriction will protect 19.75 acres of
land that is directly adjacent or current conservation land.
8-0 Vote
Order read once and adopted
#293
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
8-0 Vote
Order read once and adopted
#238
The Committee on Public Services to whom was referred the matter of Appointment-
Beverly Housing Authority Leland McDonough have considered said matter and beg
leave to report as follows, to wit:
Recommend the Council approve the Appointment
8-0 Vote
Order read once and adopted
175
#263
The Committee on Public Services to whom was referred the matter of request for live
tree removal at 30 Sonning Road 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 will hold a Public Hearing on Monday, October 18, 2004,
at 7:45 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA
relative to a request to remove a live tree at 30 Sonning Road.
8-0 Vote
Order read once and adopted
#275
The Committee on Public Services 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:
Submit the accompanying order and recommend its adoption
Ordered: That the City Council will hold a Public Hearing on Monday, October 18, 2004,
at 7:30 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA
relative to a request to remove a live tree at 11 Glidden Street.
8-0 Vote
Order read once and adopted
#283
The Committee on Public Services to whom was referred the matter of Appointment-
Beverly Cultural Council-Daniel Murphy, Maureen Quinquis and Leighton O’Connor have
considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointments
8-0 Vote
Order read once and adopted
#284
The Committee on Public Services to whom was referred the matter of Appointment-
Beverly Cultural Council-Jan Lewis Plourde, Lou Anne Faria, Rachel Pohl and Brad
Waldron have considered said matter and beg leave to report as follows, to wit:
Recommend the Council approve the appointments
8-0 Vote
Order read once and adopted
#285
The Committee on Public Services to whom was referred the matter of appointment-
Parks and Recreation representative to Open Space and Recreation Committee-Patricia
Adams have considered said matter and beg leave to report as follows, to wit;
Recommend the Council approve the Appointment
8-0 Vote
Order read once and adopted
#292
176
The Committee on Public Services to whom was referred the matter of Communication
relative to Second Water Meters have considered said matter and beg leave to report
as follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
#294
The Committee on Public Services to whom was referred the matter of Request for
removal of live tree at 25 Hillcrest Ave. 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 will hold a Public Hearing on Monday, October 18, 2004,
at 7:20 PM in Council Chambers, Third Floor, City Hall, 191 Cabot Street, Beverly, MA
relative to a request to remove a live tree at 26 Hillcrest Avenue.
8-0 Vote
Order read once and adopted
#265
The Committee of the Whole to whom was referred the matter of Communication
relative to the Patriot Act have considered said matter and beg leave to report as
follows, to wit:
Receive and Place on File
8-0 Vote
Order read once and adopted
Unfinished Business:
#254 Ordinance MV & T Stop Sign-Lovett at Central
#255 Ordinance MV & T Stop Sign-Edwards at Rantoul
#256 Ordinance MV & T Stop Sign-Chestnut at Chase
#257 Ordinance MV & T Stop Sign-Old Rubbly at Essex
#258 Ordinance MV & T One Way Street-Chase from Chestnut to Elliott
#259 Ordinance MV & T One Way Street Restriction Removal-Edwards St.
#260 Ordinance MV & T No Parking Tow Zone Elliott-Park to Rantoul
Resolutions:
#306
David Gardner, Open Space and Recreation Committee
Motions and Orders:
#307
By Councilors Costa, Troubetaris, Hobin and Burke
Ordered: That we request that all sub-committee meetings hence forth be posted as
Meetings of the Whole (Council) so that all councilperson’s will have an opportunity to
speak (on any particular issue) in behalf of their constituency or the citizens of Beverly as
“Whole”.
In addition I request the BevCam TV take the actions necessary to cover, with live TV,
these meeting so the people of Beverly can make a fair and balanced assessment of
their government in action.
Refer to Committee of the Whole
#308
177
By Councilor Coughlin:
Ordered: That the Police Chief transfer an officer to the traffic division and replace said
officer with a new hire with the proviso that the additional cost be borne y increased
revenue from this action
Refer to the Committee of Whole
City Solicitor-Roy Gelineau spoke relative to Open Meeting Law
Meeting adjourned: 9:40 PM Frances A. Macdonald, CMC
City Clerk
178