2008-08-15
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 1 of 12
Beverly Meeting Minutes
From: Fran MacDonald [fmacdonald@beverlyma.gov]
Sent: Monday, December 22, 2008 10:08 AM
To: minutes@beverlyma.gov
Subject: 08.dec15.doc
Regular Meeting
Beverly City Council 7:00, PM December 15, 2008
Roll Call: Councilors Present: John Burke, William Coughlin, Judith Cronin, Patricia Grimes, Kevin Hobin, Donald Martin, D.
Wesley Slate, Jr., Maureen Troubetaris, Timothy Flaherty
Pledge of Allegiance to the Flag: Led by Councilor Martin
Public Hearings and Public Speakers:
7:00 PM
Patrick Lucci relative to train whistles
7:10PM
Bruce Doig
7:15 PM
Presentation PILOT/SILOT Committee
7:30 PM Public Hearing Appropriation relative to Drainage Projects
Refer to Finance and Property
7:45 PM Public Hearing Zoning - 140 Brimbal Avenue
-
Refer to Legal Affairs and Planning Board
Acceptance of Minutes:
Meeting of December 1,2008
Appoi ntments:
Presentations, Awards and Memorials:
Communications from His Honor the Mayor:
#278
December 15, 2008
Honorable City Council
12/22/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 2 of 12
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 Design Review Board:
William Finch (Representative from the Historic District Commission)
50 Front Street
Colleen Bruce
13 Cliff Street
Their terms to be effective until December 1, 2011.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#279
December 15, 2008
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
The Essex National Heritage Commission awarded the City of Beverly a Partnership Grant for the design, construction and installation of
six informational kiosks to be placed at five open space locations throughout the city that includes a matching funds requirement.
Therefore, I hereby request a transfer of Three Thousand Dollars ($3,000) to account "Planning Department - Consultant" from account
"Reserve for Unforeseen Expenditures." Said sum of money to be expended under the direction of the Planning Director.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#280
December 15, 2008
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 Planning Board:
Ellen Flannery
30 Conant Street
Their terms to be effective until December 31, 2011.
12/22/2008
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Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
#281
December 15, 2008
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby reappoint, subject to your review and recommendation Mr. Robert P. Bradley, 3 Liberty Road, Essex, MA 01929, to serve as a
Constable in the City of Beverly for the express purpose of serving Civil Process.
Attached is his letter of request for reappointment which has been approved by Police Chief Mark Ray. Mr. Bradley's term will be effective
until December 31, 2011.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
#282
December 15, 2008
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 Golf and Tennis
Commission:
Jeffrey Klein
36 James Street
Chad Crandell
14 Hillcrest Road
Kevin Ascolillo
4 Sherwood Lane
Their terms to be effective until February 1, 2011.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Public Services
12/22/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 4 of 12
#283
December 15, 2008
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 Commissioners of Trust Funds:
Ellen Dunn
79 Baker Avenue
Term to be effective until December 31, 2010
William Howard
2 Sylvester Avenue
Term to be effective until December 31, 2011
Lawrence M. Smith
86 Grover Street
Term to be effective until December 31,2009
John Putney
29 Berrywood Lane
Term to be effective until December 31,2009
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Finance and Property
#284
December 15, 2008
Honorable City Council
City Hall
Beverly, MA 01915
Dear Honorable Council:
I hereby appoint, subject to your review and recommendation, the following citizen to serve as an alternate member to the Zoning Board of
Appeal:
Sally Koen
34 Abbott Street
Her term to be effective until October 1, 2013.
Very truly yours,
William F. Scanlon, Jr., Mayor
Refer to Legal Affairs
Communications from Other City Officers and Boards:
12/22/2008
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#267 A
December 10,2008
Honorable City Council
City Clerk Fran MacDonald
City Hall
Beverly, MA 01915
Council Order #267
Ordinance Change Request: Heather Street
This is a request for parking changes on Heather Street near the intersection of Herrick Street. This request would remove current
December first through April first parking restriction. The request would create, "No Parking" at all times on the northeasterly side of
Heather Street.
Remove: Chapter 14-121 (3), Same During Certain Months, From December first to April first:
Heather Street, northeasterly side, from Herrick Street to #34 Heather Street.
Remove: Chapter 14-120, Prohibited on Certain Streets at All Times, from the current ordinance:
Heather Street, northeasterly side, from Colon Street to 20' north of 34 Heather Street.
Add: Chapter 14-120, Prohibited on Certain Streets at All Times, Heather Street, northeasterly side, from Colon Street to Herrick Street.
Sincerely,
Sgt. Joseph Shairs, Traffic/Safety Officer
Refer to Legal Affairs
#285
December 10,2008
Honorable City Council
City Clerk Fran Macdonald
City Hall
Beverly, MA 01915
Handicapped Parking Request
A request to add a, "Handicapped Parking", sign at 21 Knowlton Street. After conducting a site visit the sign is requested to be placed on
the east side of Knowlton Street twenty feet south of the intersection of Charnock Street
Sincerely,
Sgt. Joseph Shairs, Traffic/Safety Officer
Refer to Legal Affairs
#266A
December 10,2008
Honorable City Council
City Clerk Fran Macdonald
City Hall
Beverly, MA 01915
12/22/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 6 of 12
Handicapped Parking Request
A request to add a, "Handicapped Parking", sign at 1 0 Porter Street. After conducting a site visit the sign is requested to be placed on the
west side of Porter Street in front of number 1 0, five feet from the driveway entrance of the abutting property.
Sincerely,
Sgt. Joseph Shairs, Traffic/Safety Officer
Refer to Legal Affairs
#286
December 10,2008
Honorable City Council
City Clerk Fran MacDonald
City Hall
Beverly, MA 01915
Elliott Street Crosswalk Recommendation
Beverly City Council,
After several meetings and discussions with concerned members of the community the Beverly Police Departments Traffic
Division requests the City Council approve the addition of a new crosswalk on Elliott Street near the Greene Street egress to Elliott Street.
This would include the appropriate curb cuts for ADA compliance, posting of proper signs, improvements to a small amount of sidewalk on
Greene St and the painting of the crosswalk on Elliott St.
The crosswalk would extend across Elliott St opposite the Beverly School for the Deaf to the west corner of Greene St. closest to
Dick and Junes Ice Cream Stand.
Sincerely,
Sgt. Joseph Shairs, Traffic/Safety Officer
Refer to Legal Affairs and Accounts
#111A
December 10,2008
Honorable City Council
City Clerk Fran MacDonald
City Hall
Beverly, MA 01915
Ordinance Change Request
Relative to Council Order #111
This request is to create, "No Parking", on River Street, east and west side, from the intersection of School Street north to points
designated on River Street. This will create changes to the current Ordinances as follows:
Change: Chapter 14-122(n), Same During Certain Hours, second line"... from Webber Avenue to School Street..."
Should read, "... from Webber Avenue to driveway curb cut at #6 River Street... ".
Add: Chapter 14-120, Prohibited on Certain Streets-At All Times, River Street east and west side from curb cut at # 6 River Street to
12/22/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 7 of 12
School Street.
Sincerely,
Sgt. Joseph Shairs, Traffic/Safety Officer
Refer to Legal Affairs
Communications, Applications and Petitions:
#287
Petition National Grid for installation of 5 4" conduits encased in concrete in Winter Street
Refer to Public Services
#194A (Late File)
Communication from Parking & Traffic Commission re Cole/Boyles Street Traffic Related Citizen's Petition
Refer to Legal Affairs
#288 (Late File)
Presentation by Patrick Lucci relative to Train Whistles
Refer to Public Services
Reports from Committees:
#252
The Committee on Finance and Property to whom was referred the matter of Appropriation relative to drainage projects 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 approve the enclosed appropriation in the amount of three million five hundred seven
thousand ($3,507,000) dollars for the construction of the north Beverly Drainage System, Chubbs Brook and other various projects.
First Passage:
Public Hearing:
Final Passage:
Nov. 17,2008
Dec. 1, Recessed until Dec. 15, 2008
Dec. 15,2008
-
Roll Call Vote
Yea: Burke, Coughlin, Cronin, Grimes, Hobin, Martin, Slate, Troubetaris, Flaherty
Nay: None
Absent: None
-
Order read once and adopted on roll call vote 9-0 Vote
#279
12/22/2008
That the city of Beverly, for value received, waive any and all rights of reversion as establ... Page 8 of 12
The Committee on Finance and Property to whom was referred the matter of Transfer to Account Planning consultant 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 Monday, January 5, 2009 at 7:20 PM relative to a transfer in
the amount of Three Thousand ($3,000.00) Dollars from account Reserve for Unforeseen Expenditures" to account "Planning Department
- Consultant" Said sum of money to be expended under the direction of the Planning director.
First Passage:
Public Hearing:
Final Passage:
Dec. 15,2008
Jan. 5,2009
Jan. 5, 2009
Order read once and adopted 9-0 Vote
#151
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Communication relative to Parking & Traffic
concerns in the area surrounding Hurd Stadium 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
#257 A
The committee on Legal Affairs to whom was referred the matter of Lodging House License, Greycroft Inn 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 Lodging House License be granted to the Greycroft Inn with the attached stipulations.
Order read once and adopted 9-0 Vote
#259
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Ordinance Trench
Safety and Permits have considered said matter and beg leave to report as follows, to wit:
Submit the accompanying ordinance and recommend its adoption
An Ordinance amending an Ordinance entitled "Public Works"
Ordered by the City Council of the City of Beverly as follows:
Amend Chapter 20 of the Revised City Ordinances by adding an Article VIII entitled "Trench Safety and Permits" as follows:
Trench Safety and Permits.
Sec. 20-175. Permit Granting Authority
12/22/2008
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The Commissioner of Public Services, Public Works, and Engineering, or his designee designated in writing shall be the city officer to
issue permits for the purpose of creating a trench as that term is defined in G. L. c. 82A 94 and 520 CMR 14.00
Sec. 20-176. Optional Inspections
Said permit granting officer may require the inspection of any proposed trench site before the issuance of any trench permit.
Sec. 20-177. Police Details.
Should the permit granting officer determine that any trench site is not covered, barricaded, or backfilled and is unattended and the permit
holder, if any, be unavailable or refuses to take corrective action, the permit granting officer may secure the services of a police detail
officer to make the trench site safe. The permit holder, landowner, or contractor shall be assessed the costs of providing said police detail.
Sec. 20-178. Making Safe by Department of Public Works
In addition to the securing of a police detail to make a trench site safe or in the alternative, should the permit granting officer determine that
any trench site is not covered, barricaded, or backfilled and is unattended and the permit holder, if any, is unavailable or refuses to take
corrective action, the permit granting officer may have the Department of Public Services take action to cover, barricade, or backfill said
trench, and the permit holder, landowner, or contractor shall be assessed the costs associated with any such action, including overtime for
Department of Public Services employees.
Sec. 29-179. Blanket Permits
For projects involving multiple trenches, the permit granting officer may issue a single blanket permit for such work. When a blanket permit
is issued, the permit holder shall notify the permit granting officer of the location of each new trench as the permit holder becomes aware
that such project requires an additional trench.
Sec. 20-180. Fees
a. The cost of a trenching permit, for entities other than the City of Beverly, shall be $50.00.
b. In the case of a blanket permit the cost for entities other than the City of Beverly shall be $50.00 for each trench identified
in or added to hereunder.
c. The City of Beverly shall be issued trenching permits hereunder without cost.
Sec. 20-181. Penalty
a. The creation of a trench without first having obtained a permit hereunder shall be punished by a fine of $250.00. Said fine
shall be in addition to and not in offset of any costs associated with corrective action taken under sections 20-177 and 20-
178 above.
b. Failure to have properly covered, backfilled, or barricaded an unattended trench shall be punished by a fine of $250.00.
Said fine shall be in addition to and not in offset of any costs associated with corrective action taken under sections 20-177
and 20-178 above.
Ordinance read once and held for final passage as per charter provisions 9-0 Vote
#265
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Application-Auctioneers License-Frank
Kaminski 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
#268
12/22/2008
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 10 of 12
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of waiver of ordinance alcohol in public
buildings 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 waive the Ordinance, Alcohol in a Public Building, for the Senior Soiree being held at the Beverly Senior
Center December 29, 2008 from 4:00 PM to 8:00 PM.
Order read once and adopted 9-0 Vote
#269
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 eight
An ordinance amending an ordinance entitled Motor Vehicles and Traffic
Be it ordained by the City Council of the City of Beverly as follows, to wit:
Amend Chapter 14,125 One Hour Parking as follows:
Riverside Street
South side, One Hour Parking, 65 feet west of Rantoul Street to first curb cut (2 Spaces)
Rantoul Street
West side, One Hour Parking, 80 Feet south of Riverside Street to existing "No Parking Here to Corner" , prior to Federal Street
Ordinance read once and held for final passage as per charter provisions 9-0 Vote
#270
The Committee on Legal Affairs / Committee of the Whole 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 eight
An ordinance amending an ordinance entitled Motor Vehicles and Traffic
Be it ordained by the City Council of the City of Beverly as follows, to wit:
Amend Chapter 14,125 One Hour Parking as follows:
Rantoul Street
East Side, adjacent to number 393 Rantoul Street, 70 feet northerly from driveway entrance to Roundy Street (3 Spaces)
Ordinance read once and held for final passage as per charter provisions 9-0 Vote
#271
The Committee on Legal affairs / Committee of the Whole to whom was referred the matter of the matter of Ordinance NV & T have
considered said matter and beg leave to report as follows, to wit:
12/22/2008
That the city of Beverly, for value received, waive any and all rights of reversion as est... Page 11 of 12
Submit the accompanying ordinance and recommend its adoption
In the year two thousand and eight
An ordinance amending an ordinance entitled Motor Vehicles and Traffic
Be it ordained by the City Council of the City of Beverly as follows, to wit:
Amend Chapter 14,124 Thirty Minute Parking as follows:
Cabot Street
East Side, adjacent to number 369-371 Cabot Street, extending 45 feet from crosswalk ramp northerly to first curb cut at driveway
entrance (2 Spaces)
Ordinance read once and held for final passage as per charter provisions 9-0 Vote
#272
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for review of traffic situation on
Story Avenue 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
#273
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Lease Beverly Airport commission 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 Beverly Airport Commission lease with AB Aviation,
LLC-Building 54 Lease
Order read once and adopted 9-0 Vote
#276
The Committee on Legal Affairs / Committee of the Whole to whom was referred the matter of Request for No Parking Signs have
considered said matter and beg leave to report as follows, to wit:
Submit the accompanying order and recommend its adoption
Ordered: That a "No Parking Here to Corner" sign be installed on the grassy area at the corner of Linden and Porter Streets;
And that a "No Parking" sign be installed on the same grassy area further back toward the sidewalk in front of 9 Porter Street
Order read once and adopted 9-0 Vote
#287
12/22/2008
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The Committee on Public Services / Committee of the Whole to whom was referred the matter of Petition of National Grid 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 will hold a public hearing on Monday, January 5, 2009, at 7: 15 PM in Council
Chambers, third Floor City Hall, 191 Cabot Street, Beverly relative to the enclosed petition of National Grid for the installation of 5;4"
conduits encased in concrete in Winter Street
Order read once and adopted 9-0 Vote
Unfinished Business:
Motions and Orders:
#289
By Councilor Flaherty
Ordered: That all pending orders and ordinance of the current year be forwarded to next years city government
Approve 9-0 Vote
Meeting adjourned: 1140 PM
Frances A. Macdonald, CMC
City Clerk
12/22/2008