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2004-04-207:58 PM Public Hearing re Petition Mass Electric Pole and equipment-Hart Street Refer to Public Services Regular Meeting of Beverly City Council 8:00 PM April 20, 2004Regular Meeting of Beverly City Council 8:00 PM April 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 Suspension of Rules: Apology to Richard Dinkin Appointments: Acceptance of Minutes of Previous Meeting: Meeting of April 5, 2004 Communications from His Honor the Mayor : #151 April 20, 2004 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign the attached Subordination Agreement for property owned by Thomas and Catherine Schatz at 4 Myrtle Street, Beverly. 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 and Accounts #152 April 20, 2004 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: Attached is a letter which I read aloud at the School Committee Meeting and distributed by hand to all Committee members. I would ask that it be read aloud at your meeting this evening. The thrust of the letter is that a sum in the order of $6 Million annually is being spent on the schools by the City but is not included in the School Budget. I am free to answer any questions you may have. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File 72 #153 April 20, 2004 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I am ready to discuss the matter of operating the Golf Course with the City Council at a convenient time. Currently the course is under contract, but that might possibly change due to the suit filed by Friel. Very truly yours, William F. Scanlon, Jr., Mayor Receive and Place on File Invite Mayor to Finance and Property #154 April 20, 2004 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby request that the expiration date for Dorothy List, a member of the Beverly Housing Authority, be changed to read June 28, 2008. You may know that a term for Housing Authority members is five years. When Mrs. List was appointed in 2003, her term was mistakenly renewed for only three years. Housing Director Kevin Ascolillo has requested that the term date be corrected as above. Thank you for your consideration of this matter. Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services #155 April 20, 2004 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby reappoint to another term, subject to your review and recommendation, the following members of the Open Space and Recreation Commission: Ellen Flannery Anthony Paluzzi 30 Conant Street 17 Victor Avenue Term Expiration – August 31, 2006 Term Expiration – August 31, 2006 William Squibb Robert Buchsbaum 73 509 Cabot Street 12 Bertram Street Term Expiration – August 31, 2004 Term Expiration – August 31, 2004 Elizabeth Dunne James MacNeil 16 Greenwood Avenue 29 Foster Drive Term Expiration – August 31, 2005 Term Expiration – August 31, 2005 Very truly yours, William F. Scanlon, Jr., Mayor 9-0 Vote Recommend the Council approve of the appointments #156 April 20, 2004 Honorable City Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council: I hereby reappoint to another term, subject to your review and recommendation, the following Registrars of Voters: Charles McShane 23 Beacon Street Term to expire March 31, 2007 Joseph Pietrini 40 Roundy Street Term to expire March 31, 2006 Marjorie Thompson 31 Prospect Street Term to expire March 31, 2005 Very truly yours, William F. Scanlon, Jr., Mayor Refer to Public Services Communications from other City Officers and Boards #157 April 6, 2004 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Honorable Council: Attached is a list of all Petroleum Storage Licenses to be renewed for the year 2004. City Council approval is needed to complete the process for this years licensing. If you have any questions, please feel free to call either Kathy or myself regarding these licenses. Respectfully, Frances A. Macdonald, CMC City Clerk Refer to Legal Affairs and Accounts 74 #158 March 29, 2004 Honorable City Council 191 Cabot St. Beverly, MA 01915 Dear Members of the Council: This is the Open Space and Recreation Committee’s March 2004 semi-annual report in accordance with its founding Charter. The Committee continues its program including: Land Acquisition: Continued discussions with property owners in preserving open space. Inventory and Plans: The Committee now reviews agenda items from the Planning Board, ZBA, and Conservation Commission against the Committee’s Action Plan. This review is advisory and is done in a timely manner so as not to delay decisions. Our suggestions have resulted in several changes to proposed plans. This activity will continue to make projects more responsive to public needs and will over time enable us to better create the trails and open space shown on the Action Plan. Trails: We completed plans for sign kiosks, have obtained funding for materials and plan to request girl and boy scout help in installing them. Public Participation: Conducted a public information meeting on the Bass River property off Folger Ave. Will conduct an informational meeting at the Ryal Side Civic Association to obtain public input for developing Green’s Hill into a park on April 13. Organized the Second Annual Earth Day Celebration, to be held April 24 on the Common. Funding: Obtained a grant of $100,000 from the Lynch Park Trustees for kiosks sign materials. Coordinated with the Beverly Land Trust in applying for signage grants. Future Activities: The Committee is discussing how best to support the City Administration and Boards in preserving and managing open space. The Committee thanks you for your continuing support. For the Committee: David F. Gardner, Chairman Refer to Public Services #159 April 5, 2004 Honorable City Council 191 Cabot St. Beverly, MA 01915 75 Dear Honorable Council: Subject: Congress Street Court, Ward II On February 27, 2004 Councilor Ronald F. Costa submitted an order to the Beverly City Council regarding the re-acquiring of a strip of land once known as Congress Street Court for the purposes of creating, for the citizens of Beverly, a meandering landscaped walking path to the sea and a fitting memorial to those who perished in a plant explosion that occurred in 1952. Congress Street Court was donated on April 20, 1953 by a voice vote of the Board of Aldermen, to the Metal Hydrides Company in the spirit of patriotism and for added security necessary for a wartime munitions plant during World War II and the Korean War. In his order he asked that “the Mayor, by virtue of his office” enter into negotiations with the present owners and their representative to re-acquire (by gift) for said purposes above. This letter is to inform you that, by voice vote March 4, 2004, we the members of the Beverly Harbor Management Authority are in agreement with Councilor Costa’s order and do recommend that Mayor William F. Scanlon contact Attorney Thomas Alexander to bring into fruition a walking path as described above. Respectfully submitted, John Frates, Chairman Beverly Harbor Management Authority Refer to Legal Affairs #160 Communication from Salem and Beverly Water Supply Board relative to the creation of an Advisory Committee to assist the Board by providing advice on matters affecting the protection of the existing water supply . etc. Refer to Public Services #161 April 20, 2004 The Honorable City Council City Hall, 191 Cabot Street Beverly, Massachusetts 01915 RE: PROPOSED ZONING CHANGES SPONSORED BY THE PLANNING BOARD: AMENDMENTS TO DEFINITION OF “LOT” and “FRONTAGE”, INSERTION OF PROVISIONS FOR PROJECTING SIGNS, AND CORRECTION OF SCRIVNER’S ERROR IN PLANNED RESIDENTIAL DEVELOPMENT PROVISIONS Dear Honorable Council: At a meeting of the Beverly Planning Board held on Wednesday, April 14, 2004, members of the Board voted unanimously to forward the attached amendments to the City Council for consideration and adoption. The Board requested that the Council take the required action to schedule a Joint Public Hearing between the Planning Board and Council relative to the attached proposed zoning amendments at its earliest convenience (perhaps for the same evening as the Joint Public Hearing that will be scheduled for Council Order #138). If you have any questions relative to the attached proposal, please feel free to contact City Planner Tina Cassidy or Assistant Planning Director Leah Zamberdini. Respectfully, Richard Dinkin, Chairperson Refer to Legal Affairs and Accounts #138A 76 April 20, 2004 Ms. Frances A. Macdonald, City Clerk City Hall, 191 Cabot Street Beverly, Massachusetts 01915 RE: RECOMMENDATION FROM PLANNING BOARD ON JOINT PUBLIC HEARING: ORDER #138: REZONING OF 950 CUMMINGS CENTER DRIVE FROM “IG” TO “IR” Dear Ms. Macdonald: At a meeting of the Beverly Planning Board held on Wednesday, April 14, 2004, members of the Board voted unanimously to recommend to the City Council that a Joint Public Hearing be scheduled between the Planning Board and Council relative to the proposed zoning changed referenced above. Respectfully, Richard Dinkin, Chairperson Refer to Legal Affairs and Accounts Communications, Applications and Petitions: #162 Communication re presentation by Pam Kampersal a April 5 City Council meeting. Receive and Place on File #163 Request to waive ordinance relative to Junk (Unregistered) cars on private property Refer to Legal Affairs #164 Application-North Shore Limousine and Sedan Livery Service for 4 cars Refer to Legal Affairs #165 Claim-David and Cynthia Antonuk,18 Baker Ave.-Snow damage Receive and Place on File Refer to City Solicitor Reports from Committees : #64 The Committee on Finance and Property to whom was referred the matter of Communication relative to collection of outstanding water and sewer fees 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 77 #114 The Committee on Finance and Property to whom was referred the matter of Notification of Surplus Commonwealth property at 110-116 Park Street 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 #108 The Committee on Legal Affairs to whom was referred the matter of North Shore Home Consortium Membership Renewal 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 North Shore Consortium Membership Renewal as per the request of Planning Director, Tina Cassidy. 9-0 Vote Order read once and adopted #128 The Committee on Legal Affairs and Accounts to whom was referred the matter of authorization for mayor to sign signature verification form-Council on Aging 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 Contractor Signature Verification for and Standard Contract Form for the Council on Aging State Grant. 9-0 Vote Order read once and adopted #129 The Committee on Legal Affairs to whom was referred the matter of Reappointment- to Conservation Commission of Mayo Johnson have considered said matter and beg leave to report as follows, to wit: Recommend the Council Approve the Appointment 9-0 Vote Order read once and adopted #132 The Committee on Legal Affairs to whom was referred the appointment Director of Purchasing-Thatcher W. Kezer, III have considered said mater and beg leave to report as follows, to wit: Recommend the Council approve the appointment 9-0 Vote Order read once and adopted #134 The Committee on Legal Affairs to whom was referred the matter of Library request to waive Ordinance re consumption of alcohol in public building have considered said matter and beg leave to report as follows, to wit: 78 Submit the accompanying order and recommend its adoption Ordered: That the City Council waive Section 15-0 of the City Ordinance relative to consumption of alcoholic beverages in public buildings as per the request of the Friends of the Beverly Public Library for a fundraiser to benefit the Farms Library on May 22, 2004 from 6:00 PM to 9:00 PM at the Beverly Farms Library. 9-0 Vote Order read once and adopted #135 The Committee on Legal Affairs to whom was referred the matter of Ordinance Motor Vehicles and Traffic special traffic control devices 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 Obedience to special traffic-control devices Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 94 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding the following: c14,s94 (e) No person shall stop their motor vehicle on the ADD: railroad tracks. Violation of this section shall be punishable by a $50.00 Fine This ordinance to take effect upon passage according to City Charter First Passage: April 20, 2004 Final Passage: May 3, 2004 9-0 Vote Order read once and held for final passage as per Charter Provisions #138A The Committee on Legal Affairs to whom was referred the matter of communication from Planning re setting of Joint Public Hearing for Zoning Changes have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: The City Council of the City of Beverly will hold a Joint Public Hearing with the Planning Board on June 3, 2004 at 7:00 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to a request from Cummings Properties to change the Zoning Map’s designation of a lot of land known and numbered as 950 Cummings Center Drive, and designated as “Parcel A-1” on the Approval Not Required plan endorsed by the Beverly Planning Board on October 17, 2002 is changed from General Industrial (IG) to Restricted Industrial/Research/Office District (IR). 9-0 Vote Order read once and adopted #139 The Committee on Legal Affairs to whom was referred the matter of Application- Amusement Device Licenses Union Club, 141 Cabot Street 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 79 #142 The Committee on Legal Affairs to whom was referred the matter of Communication re Richard Dinkin 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 #143 The Committee on Legal Affairs to whom was referred the matter of Comm. re Edwards School Rezoning 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 #151 The Committee on Legal Affairs to whom was referred the matter of Subordination of Mortgage, Schatz 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 Thomas and Catherine Schatz for property at 4 Myrtle Street, as per the attached communication from Community Development manager William O’Hare. 9-0 Vote Order read once and adopted #157 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. 9-0 Vote Order read once and adopted #161 The Committee on Legal Affairs to whom was referred the matter of communication relative to zoning change-Cummings Properties have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: The City Council of the City of Beverly will hold a Joint Public Hearing with the Planning Board on May 17, 2004 at 7:50 PM in Council Chambers, Third Floor, 191 Cabot Street, Beverly, MA relative to proposed zoning changes sponsored by the Planning Board: Amendments to definition of “Lot” and “Frontage”, insertion of provisions for projecting signs, and correction of scrivener’s error in planned residential development provisions. 9-0 Vote Order read once and adopted 80 #144 The Committee on Public Services to whom was referred the matter of Comm. relative to clean up of Beverly Golf and Tennis 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 #140 The Committee on Public Services to whom was referred the matter of Petition of Mass Electric for pole and overhead equipment in Hart Street have considered said matter and beg leave to report as follows, to wit: Recommend adoption of the Petition 9-0 Vote Order read once and adopted Unfinished Business: Resolutions: Motions and Orders: #166 By Councilor Grimes: Ordered: That the Mayor appear before the City Council Committee on Public Services on April 26, 2004 to answer questions concerning the proposed Trash Fee for fiscal year 2005. Refer to Public Services #167 By Councilor Guanci: Ordered: That the City Council in conjunction with BevCam establish parameters as to what content is broadcast live at City Council meetings. Refer to Public Services Meeting adjourned: 9:05 PM Frances A. Macdonald, CMC City Clerk 81