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2004-10-20 6:50 PM Rosemary Maglio re Edwards School 7:00 PM Steve Crowley 7:05 PM Open Space 7:20 PM Public Hearing Live Tree Removal-25 Hillcrest Ave. Refer to Public Services 7:30 PM Public Hearing Live Tree Removal-11 Glidden Street Refer to Public Services 7:45 PM Public Hearing Live Tree Removal-30 Sonning Road Refer to Public Services Regular Meeting of Beverly City Council 8:00 PM October 20, 2004 Roll Call Councilors Present: John J. Burke, Ronald Costa, William Coughlin, Timothy : Flaherty, Patricia Grimes, Kevin Hobin, Donald Martin, Maureen Troubetaris. Councilor Paul Guanci was absent. Pledge of Allegiance to the Flag : Led by Councilor Hobin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of October 4, 2004 Communications from His Honor the Mayor : Suspension of Rules for Mayor Scanlon to speak relative to acceptance of MGL Chapter 32B, Sec 18. #309 October 18, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: At the present time a number of retired City employees eligible for Medicare have not elected to enroll in Medicare “B”. As a result, the City’s financial obligation regarding medical expenses which would otherwise be paid by the Federal Government fall instead to the City of Beverly medical expense budget. In order to correct this situation and to keep it from worsening, I am hereby requesting that the City Council accept Massachusetts General Laws Chapter 32B, Section 18 which will have the effect of requiring a retiree, who is eligible for Part A at no personal cost, to select Part B coverage. The statute requires that the governmental unit (City of Beverly) shall pay any Medicare Part B premium penalty assessed by the Federal Government on said retirees, spouses, and dependents, as a result of enrollment in Medicare Part B at the time of transfer into the Medicare Health Benefits Supplement Plan. The proposed language, prepared by the City Solicitor, is attached hereto for your consideration, as well as a copy of M.G.L. chapter 32B Section 18. I would be happy to provide any additional information that may be necessary in order for you to conduct you deliberations in this regard. Thank you. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property 179 #310 October 18, 2004 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Eve M. Geller-Duffy, 15 Auburn Road, Beverly, MA 01915, to serve as a member of the Planning Board. She will fill the unexpired term of Robert Rink who has resigned. Her appointment will be effective until December 31, 2005. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from other City Officers and Boards #311 October 12, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 Dear Councilors, Re: Matthies Street, no parking, McKay to Glidden St., southerly side We have been asked to look at the parking on Matthies St., turning in from McKay St. Presently, vehicles park of both sides of Matthies St. making it very tight for vehicles turning into the street and vehicles coming down Matthies St. toward McKay St. Councilor Burke has talked to the residents and a business owner there and they would like to see parking on the northerly side of Matthies St. only. There is already an old ordinance prohibiting parking on both sides of Matthies Street, from McKay Street fifty (50) feet westerly. Please take the necessary action to amend/add to Chapter 14, Section 120 as follows: DELETE: Sec 14-120. Prohibited on certain streets at all times. Matthies Street, both sides, from McKay Street fifty (50) feet westerly. ADD: Sec. 14-120. Prohibited on certain streets at all times. Matthies Street, southerly side, from McKay Street to Glidden Street Very truly yours, Dennis O. Tarsook, Traffic Sergeant Refer to Legal Affairs #312 October 14, 2004 Honorable City Council C/o Mrs. Frances MacDonald City Hall Beverly, MA. 01915 180 Dear Councilors, Re: Tremont Street, Do Not Enter, 4-6 p.m., from Ellsworth Avenue We have found an ordinance that did not get into the book and has been in place for a couple years. Presently vehicles are prohibited from entering Tremont St. from Ellsworth Ave. from 4-6 p.m. Could you please take the necessary action to make this restriction permanent. Please take the necessary action to amend/add to Chapter 14, Section 94 as follows: ADD: Sec. 14-94 (7). Obedience to special traffic-control devices. Tremont Street, Do Not Enter, from Ellsworth Avenue, 4:00 – 6:00 p.m. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Safety Officer Refer to Legal Affairs #312 October 4, 2004 City Council City of Beverly City Hall, 191 Cabot Street Beverly, MA 01915 Dear Members of the Council: This is the Beverly Open Space and Recreation Committee’s October 2004 semi-annual report in accordance with its charter. Land Acquisition Continued discussions with property owners in preserving open space Input to other city boards The Committee continued to review agenda items from the Planning Board, ZBA, and Conservation Commission for consistency of proposed projects with the Open Space Action Plan. Of particular note were discussions with the developer and the Planning Board about the proposed development on Folger Avenue (Tanzella property) overlooking the Bass River in the Ryal Side neighborhood. This property had been an open space priority due to its scenic value and urban location. We supported a clustered development that would preserve more open space and provide access to a city owned parcel with a scenic overlook. We also have commented to the Conservation Commission on the drainage plan for this project. Trails A local scout troop is currently building kiosks that will provide information to visitors to Beverly’s parks. The kiosks will describe trails and natural history, and provide a list of regulations . Lynch Park Trustees provided funding. A subcommittee is currently designing a small “disk” that can be placed on trees and used to delineate boundaries of city open spaces. Public Participation The committee conducted a meeting at the Ryal Side Civic Association to get inputs from the neighborhood on the future of Green’s Hill Park. The meeting was followed by a site visit. Neighbors under the guidance of the committee marked the trail. The committee played a central role, along with other partners, in organizing Beverly’s annual Earth Day events on the Common. Many organizations participated and it was a nice event. Follow up discussions focused on how to sustain the attendance throughout the day and to involve the schools. Management In accordance with the approved management plan for Sally Milligan Park, the vernal pool in the park was certified by the state. We also began experimental cutting of sumac to maintain the open field on the Hill property. Administration 181 Gardner and Buchsbaum met with Mayor Scanlon to update him on open space activities and issues. After five years of exemplary service to the Committee and the City, David Gardner stepped down as chair. Our new officers are as follows: Chair: Robert Buchsbaum Vice Chair: Paul Knight Secretary: David Brewster The Committee welcomed the following new members during this period: Patty Adams, Suzanne Beaudoin, David Brewster. Additional Topics of Discussion: The committee discussed how best to maintain public rights of way. This requires constant vigilance an, in some cases, deed research. We have sent letters to the city solicitors about this in the past. The committee also discussed the future of the community garden, and balancing open space with future needs for cemeteries. The Committee thanks you for your continuing support. For the Committee Robert N. Buchsbaum Receive and Place on File Communications, Applications and Petitions: #313 A Communication from Paul Najim relative to the changing of the name of his business at 61 Cabot Street from Paul’s Mobil to Paul’s Exxon Refer to Legal Affairs #314 Request by Patria ‘e Lavaro Society for removal of three large trees at the Soldiers and Sailors monument in monument square. Refer to Public Services #315 Application for One Day Auctioneers License-Kaminski Auctioneers and Appraisers Refer to Legal Affairs #316 Application for Class II MVDL-Paul’s Exxon, 61 Cabot Street Refer to Legal Affairs #317 Communication from Cummings Properties, LLC relative to Change of Ownership Refer to Legal Affairs Request to suspend rules to allow Gerry McSweeny to speak relative to change of name 182 Reports from Committees: #170 The Committee on Legal Affairs to whom was referred the matter of communication relative to Handicap ramp at Cressy 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 #204 The Committee on Legal Affairs to whom was referred the matter of communication re broadcasting of Council meetings have considered said matter and beg leave to report as follows, to wit: Refer to Committee of the Whole 8-0 Vote Order read once and adopted #240 The Committee on Legal Affairs to whom was referred the matter of request to take pictures for documentary 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 of Rosemary Maglio’s request to photograph inside and outside the Edwards school, contingent upon approval by the City Solicitor and Director of Planning and Development and also that the Clerk of the City of Beverly retain all original media used during Ms. Maglio’s visit until the City Solicitor recommends that the media ought to be released. 8-0 Vote Order read once and adopted #279 The Committee on Legal Affairs to whom was referred the matter of request meeting re former employees have considered said matter and beg leave to report as follows, to wit: Refer to Committee of the Whole 8-0 Vote Order read once and adopted #296 The Committee on Legal Affairs to whom was referred the matter Appointment-Beverly Golf and Tennis Commission of William F. Terry, Jr. 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 #297 The Committee on Legal Affairs to whom was referred the matter of Appointment Planning Board of Jason Silva have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment 183 8-0 Vote Order read once and adopted #299 The Committee on Legal Affairs to whom was referred the matter of School Zone Speed Limit Signs have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the necessary action be taken by posting signs, School Zone, 20 MPH Speed Limit, when Children are Present, to the following streets: Charles Street 1. Swan Street 2. Mason Street 3. Lyman Street 4. Ames Street 5. Herrick Street, from Cabot Street to Sohier Road 6. Order read once and adopted 8-0 Vote #300 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T Stop Signs in area of No. Beverly Elementary School 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 Motor Vehicles and Traffic relative to Stop Signs Be it ordained by the city council of the City of Beverly as follows: That Chapter 14, Section 86 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: ADD: Putnam Street, northwest and southeast drivers on Putnam Street at Walnut Avenue ADD: Walnut Avenue, northeast and southwest drivers on Walnut Avenue at Laurel Street. Ordinance to take effect upon passage according to City Charter 8-0 Vote Ordinance read once and held for final passage as per charter provisions #301 The Committee on Legal Affairs to whom was referred the matter of Airport Lease 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 Airport Lease Agreement between the Beverly Airport and Beverly Airport Mini Storage LLC. 8-0 Vote Order read once and Adopted #312 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: In the year two thousand and four 184 An Ordinance amending an ordinance relative to Motor Vehicles and Traffic Special Traffic Control Devices Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 94 (7) Obedience to special traffic-control devises be amended as follows: ADD: Tremont Street, Do Not Enter, from Ellsworth Ave., 4:00 – 6:00 PM This ordinance to take effect as per charter provisions 8-0 Vote Ordinance read once and held for final passage as per charter provisions #315 The Committee on Legal Affairs to whom was referred the matter of Application for One Day Auctioneers License Kaminski 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 #318 The Committee on Legal Affairs to whom was referred the matter of Resolution relative to the Patriot Act have considered said matter and beg leave to report as follows, to wit: Submit the amended resolution and recommend its adoption Be it resolved as citizens of the United States that the City Council of Beverly send to our United States Senators Edward M. Kennedy and John F. Kerry and Congressman John Tierney, our concerns about the scope of the United States Patriot Act in the present form and the need for review and revision, with the focus on the preservation of our Constitutional rights. Order read once and amended as follows: Be it resolved that the City Council request that Congress review the Patriot Act by April 20, 2005. 6-2 Vote with Grimes and Costa voting against Amendment read once and adopted Costa requested his vote be recorded as abstained #278 The Committee on Public Services to whom was referred the matter of request for second water meters have considered said matter and beg leave to report as follows, to wit: Refer to Committee of the Whole 8-0 Vote Order read once and adopted #264 The Committee in the Whole to whom was referred the matter of Communication against the Patriot Act have considered said matter and beg leave to report as follows, to wit: Refer to Legal Affairs 8-0 Vote Order read once and Adopted 185 #264 The Committee on Legal Affairs 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: Recommend adoption of the resolution 2-6 Vote Troubetaris and Burke voting for Order read once and failed Costa requested his vote be recorded as abstained #307 The Committee in the Whole to whom was referred the matter of request for Sub Committees to be posted as Committee of the Whole have considered said matter and beg leave to report as follows, to wit: Refer to Legal Affairs 8-0 Vote Order read once and Adopted #308 The Committee in the Whole to whom was referred the matter of request for police chief to transfer personnel have considered said matter and beg leave to report as follows, to wit: Refer to Finance and Property 8-0 Vote Order read once and adopted Unfinished Business: Voted to send letter requesting assistance from office of DA relative to Parliamentary Procedure. Resolutions: #318 By Councilor Coughlin Be it resolved that the City Council of Beverly send to our United States Senators Edward M. Kennedy and John F. Kerry and Congressman John Tierney, our concerns about the scope of the United States patriot Act in its present form and the need for review and revision Referred to Legal Affairs #319 Resolution Eagle Scout Alan Archibald, Jr. Motions and Orders: #320 By Councilor Burke Ordered that the City’s Forest and Grounds Division of the Dept. of Public Services remove a tree located at 46 Chase Street which has become a public safety hazard for pedestrians and neighboring residents. Refer to Public Services Meeting adjourned: 10:50 PM Frances A. Macdonald, CMC City Clerk 186