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2005-04-04 6:30 PM Deborah Ploszay-Beverly Golf and Tennis Pool 6:40 PM Pam Kampersal-re Water Supply 6:50 PM State Representative Mary Grant 7:00 PM Public Hearing Rezoning Goldberg Property Referred to Legal Affairs and To Planning Dept. 7:30 PM Clean Water Action-John McNab Regular Meeting of Beverly City Council 8:00 PM April 4, 2005 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 Planning Chair Richard Dinkin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of March 22, 2005 Communications from His Honor the Mayor : #90 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: In order to restore book borrowing privileges to Beverly residents wishing to use libraries in other Massachusetts communities as of November 2005, the earliest date at which these privileges can be restored, it is necessary that we appropriate $100,000. Of this amount $42,000 will be supplied by private donations already secured by Tom Scully. The remaining $58,000 will be taken from the Reserve for Unforeseen which currently contains $215,000. Further in order to fund the Dental Clinic whose situation is fully discussed in the attached memo from Health Director Bill Burke, an amount of $14,800 is required. This sum should also be taken from the Reserve for Unforeseen. Steps are underway to make the Dental Clinic self-sustaining once again. Mr. Burke will gladly report to you on this matter. Therefore, I hereby request a transfer of $72,800 from account "Reserve for Unforeseen" and $42,000 from the Donations Revenue Account to accounts as follows: One Hundred Thousand Dollars ($100,000) to account "Beverly Public Library" and Fourteen Thousand Eight Hundred Dollars ($14,800) to account "Beverly Dental Clinic" Said sums of money to be expended under the direction of the respective Department Heads. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Finance and Property #91 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your recommendation, Mr. Charles Harris, 9 Ober Street, Beverly, MA 01915 to serve as a member of the Beverly Planning Board. Mr. Harris will fill the unexpired term of Daniel Hamm who has resigned. His term will be effective until December 31, 2005. 46 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #92 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: The attached letter from Tina Cassidy to me described the need to temporarily relocate a section of the sidewalk at the corner of Pleasant and Rantoul Streets and to allow usage of a portion of the Court Street parking lot in order for the redevelopment of the Pisani Market to proceed. Please give this matter your earliest consideration so that the construction project can proceed smoothly. Demolition on the site has now been completed. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #93 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, the following to serve as members of the Solid Waste Management Committee: Mr. Timothy Smith 17A Folger Avenue Beverly, MA 01915 He will fill vacancy left by the resignation of Sue Gordon. His term will be effective until March 31, 2006. Ms. Beatrice Mendez 8 Summer Street Beverly, MA 01915 She will fill the vacancy left by the resignation of Michael Manheim. Her term will be effective until March 31, 2007. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #94 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as members of the Solid Waste Management Committee: Toni Musante 12 Willow Street Term to be effective until March 31, 2007 47 Barbara Papish 5 Hale Park Avenue Term to be effective until March 31, 2008 Mary Rodrick 14 Peabody Avenue Term to be effective until March 31, 2008 John Swaine 7 Pierce Avenue Term to be effective until March 31, 2008 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #95 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Ronald Ranta, 18 Wedgemere Road, Beverly, MA 01915 to serve as a member of the Beverly Licensing Board. His term will be effective until June 1, 2010. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #96 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following to serve as members of the Open Space Committee: Mr. William Squibb 509 Cabot Street Term to be effective until August 31, 2007 Mr. Robert Buchsbaum 12 Bertram Street Term to be effective until August 31, 2007 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #97 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: 48 Attached is the final version of the FY 2006 Capital Expenditure Plan. I believe that the most useful part of any Capital Expenditure Plan process is thinking through our future needs and considering ways to accomplish them. John Dunn and I would welcome discussion of this document at a time convenient to the Council. Very truly yours, William F. Scanlon, Jr., Mayor Refer to the Committee of the Whole #98 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint subject to your review and recommendation, the following to serve as Constables in the City of Beverly for the sole purpose of serving Civil Process: Mr. Robert P. Bradley 3 Liberty Road Essex, MA 01929 Mr. Keplaire Lafontant 101 Rantoul Street Apt. 103 Beverly, MA 01915 Mr. John J. Ruehwein 32 Pine Street PO Box 3016 Wakefield, MA 01880 Attached are their requests for reappointment which have been approved by Police Chief John Cassola. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs #99 April 4, 2005 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination of Mortgage Agreement for property at 91 Essex Street owned by Habitat for Humanity – North Shore. Also attached is a communication from William O’Hare, Community Development Director, concerning this request. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Legal Affairs Communications from other City Officers and Boards #100 Communication from Open Space and Recreation Committee-Semi-Annual report Refer to Public Services 49 Communications, Applications and Petitions: #101 Claim-Disabled Citizen tripped on pothole-Richard Alman, 393 Essex Street Receive and Place on File Refer to City Solicitor #102 Beverly Homecoming request to appear before council Recommend approval of the order 9-0 Vote #103 Communication from Alexander and Femino relative to a request on behalf of CEA Group, Inc. requesting a zoning change from (IR) to (CG) General Commercial District. Refer to Legal Affairs and Planning Board Reports from Committees: #59 The Committee on Finance and Property to whom was referred the matter of request for review of Trash Ordinance have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #63 The Committee on Finance and Property to whom was referred the matter of request to declare certain parcels of land at Beverly Airport as surplus have considered said matter and beg leave to report as follows, to wit: Submit the accompanying amended order and recommend its adoption Ordered: That the City Council approve the request of the Beverly Airport Commission to declare five parcels of airport land as surplus. The Lots Are Parcel A, B, C, D and E on the enclose Exhibit. Amended to add A condition to the sale/lease of the airport parcels to be inclusive of the best Management practices for water management to protect aquifer at Wenham Lake. This is to be included in all Requests for Proposals. Amendment approved 9-0 Order read once and adopted 8-1 Vote with Councilor Burke voting against #73 The Committee on Finance and Property to whom was referred the matter of Draft of Capital Expenditure Plan FY06-15 have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #90 The Committee on Finance and Property to whom was referred the matter of transfers to various accounts 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 of the City of Beverly hold a Public Hearing on Tuesday, April 19, 2005 at 7:45 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a transfer of Seventy Two Thousand Eight Hundred 50 ($72,800) Dollars from Reserve for Unforeseen and $42,000 From the Donations Revenue Account to accounts as follows: One Hundred thousand Dollars to Account Beverly Public Library Fourteen Thousand Eight Hundred Dollars to account Beverly Dental Clinic Said sums of money to be expended under the direction of the respective Department Heads. First Passage: April 4, 2005 Public Hearing: April 19, 2005 Final Passage: April 19, 2005 Order read once and adopted 9-0 Vote #45 The Committee on Legal Affairs to whom was referred the matter of Appointment-Parking and Traffic Commission- Richard Hutchinson have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 9-0 Vote #57 The Committee on Legal Affairs to whom was referred the matter of Appointment Parking and Traffic Commission, Tina Zelano have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted 9-0 Vote #75 The Committee on Legal Affairs to whom was referred the matter of Appointment-Conservation Commission Gregg Cademartori have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointment Order read once and adopted 9-0 Vote #79 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T re 2 hour parking-Fayette St. 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 five An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re 2 Hour Parking Fayette Street Be it ordained by the City Council of the City of Beverly as follows, to wit: That Chapter 14, Section 126 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: DELETE: Sec. 14-126 (a) Two-hour parking Fayette Street, northerly side, from Rantoul Street to South Hardy Street ADD: Sec. 14-126 (d) Two-Hour parking Fayette Street, northerly side, from Rantoul Street to South Hardy Street. This ordinance to take effect upon passage according to City Charter First Passage: April 4, 2005 Final Passage: April 19, 2005 Ordinance read once and held for final passage as per charter provisions 9-0 Vote #80 51 The Committee on Legal Affairs to whom was referred the matter of Ordinance MV & T Obedience to special traffic control devices 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 five An Ordinance Amending an ordinance entitled Motor Vehicles and Traffic re obedience to special traffic control devices Conant and Dodge Be it ordained by the city council of the City of Beverly as follows, to wit: That Chapter 14, Section 126 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD: Sec. 14-94 (b) (1) Obedience to special traffic-control devices. Right lanes must turn right: Conant Street, eastbound traffic onto Dodge Street This ordinance to take effect upon passage according to City Charter First Passage: April 4, 2005 Final Passage: April 19, 2005 Order read once and adopted 9-0 Vote #81 The Committee on Legal Affairs to whom was referred the matter of applications for petroleum storage licenses have considered said matter and beg leave to report as follows, to wit: Recommend the licenses be granted Order read once and adopted 9-0 Vote #84 The Committee on Legal Affairs to whom was referred the matter of application for petroleum storage license God Bless Realty, 311 Cabot St. have considered said matter and beg leave to report a follows, to wit: Recommend the license be granted Order read once and adopted 9-0 Vote #99 The Committee on Legal Affairs to whom was referred the matter of Subordination of Mortgage, Habitat for Humanity have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That His Honor the Mayor be, and the same is hereby authorized to sign the attached Subordination of Mortgage for Habitat for Humanity, 91 Essex Street, as per the attached communication from Community Development Manager William O’Hare. Order read once and adopted 9-0 Vote #31A The Committee on Public Services to whom was referred the matter of Request for removal of live tree at 46 Chase St. have considered said matter and beg leave to report a follows, to wit: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request for a removal a live tree at 46 Chase Street provided that the removal in done by a licensed arborist, be paid for by the home owner and that the tree be replaced at the homeowners expense, with an appropriate tree approved by the City Arborist. Order read once and adopted 9-0 Vote 52 #76 The Committee on Public Services to whom was referred the matter of reappointment Beverly Youth Collaboration Advisory Board-Steve Curran and George Simon have considered said matter and beg leave to report as follows, to wit: Recommend the Council approve the Appointments Order read once and adopted 9-0 Vote #92 The Committee on Public Services to whom was referred the matter of Roof Investors LLC Pisani Property have considered said matter and beg leave to report as follows, to Wit: Submit the accompanying order and recommend its adoption: Ordered: That Roof Investors, LLC be given permission to temporarily relocate a portion of the sidewalk at the corner of Pleasant and Rantoul Streets and to use a portion of the lot the City leases on Court Street as a temporary laydown and hoisting area for construction cranes. Be it further ordered that the company be property insured. Order read once and adopted 9-0 Vote #103 The Committee on Legal Affairs to whom was referred the matter of rezoning of a portion of Brimbal Avenue/Sohier 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, May 2, 2005 at 7:150 PM, in Council Chambers, third floor, City Hall, 191 Cabot St., Beverly, MA relative the rezoning of a portion of Brimbal avenue at Sohier Road Order read once and adopted 9-0 Vote #105 The Committee on Legal Affairs to whom was referred the matter of Open Space Residential design Zoning Ordinance 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, May 2, 2005 at 6:30 PM, in Council Chambers, third floor, City Hall, 191 Cabot St., Beverly, MA relative to a zoning ordinance Open Space Residential Design. Order read once and adopted 9-0 Vote Unfinished Business: Resolutions: Motions and Orders: #104 By Councilor Flaherty: Ordinance Offenses and Miscellaneous Provision re Sec. 15-5A. Litter Whenever any public area, paved or unpaved, landscaped or unlandscaped adjoins private property on any street, avenue, road, lane, court, square, way, or other similar area no matter how named, it shall be the duty of the lot occupier of such private property, or if such private property shall be unoccupied, the duty of its owner, to keep such public area free of all discarded cans and bottles, litter, debris, paper or other refuse. Failure by such occupier or owner to comply with this section shall in the first instance result in a written warning; in the second instance shall result in a $100.00 fine; and for any subsequent offense shall result in a $250.00 fine. All building inspectors and all health department agents of the City, in addition to police officers, shall be enforcing persons for this section. 53 Refer to Legal Affairs 9-0 Vote #105 By Councilors Coughlin, Martin, Flaherty, Hobin and Costa: Ordered: That the Enclosed Ordinance on Open Space Residential Design be submitted to the Council this evening. Refer to Legal Affairs and Planning Board Meeting adjourned: 9:45 PM Frances A. Macdonald, CMC City Clerk 54