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1998-10-197:55 PM #300 A Public Hearing re Application for 9 Amusement Licenses-Brew House Caf(~ and Grille Referred to Leqal Affairs and Accounts Regular Meeting of Beverly City Council, Oct. 19, 1998 Roll Call: A. Counc~ors were present: Pledge of Allegiance to the Flag: Led by Councfior Van Liere Acceptance of Minutes of Previous Meeting: Meeting of October 5, f998 Appointments: Communications from His Honor the Mayor: #264A Honorable city council City Hall Beverly, MA 01915 Dear Honorable Council: While I concur with the spirit of your recent Order #264 which calls for immediate exercise of the City's option on land at Cummings Park, I must regrettably veto the Order on a procedural basis. The site as it is currently defined in the option is long and narrow (somewhat pencil shaped). It is possible that in discussions with Mr. Cummings we will choose to reshape the parcel to make it somewhat wider and less long (more square). In fact that has been suggested by Mr. Cummings. It is also possible that we will decide that we need somewhat less than two acres and trade part of the land to Cummings in return for his financial participation in construction of the facility. The City Solicitor has told me in rather strong terms that any changes such as described above should be negotiated before exercise of the option. The City's option can be exercised at any moment we choose. I would, therefore, request that you remove the exercise language from the loan order at your first convenience. If discussions with Cummings lead to any proposed reconfiguration of the parcel, I will return the matter to the council for approval of such changes, prior to making any commitments. You can be sure that I will not let this valuable option slip away. I appreciate your raped consideration of this matter. I cannot be with you on the 19th, but I have asked Marshall to be present in case you have any further questions. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and Property #323 Honorable City Council City Hall Beverly, MA 01915 186 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Brenda Spence, 20 Enon Street, Beverly, MA 01915, to serve as the Beverly Chamber of Commerce representative to the Economic and Community Development Council. Her term is co-terminus with that of the Mayor. Very truly yours, William F. Scanlon, Jr.Mayor Referred to Legal Affairs and Accounts #324 Honorable City Council [] City Hall [] Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mrs. Dorothy List, 22 Federal Street, to server as a member of the Housing Authority. Her term will be effective until June 28, 2003. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property #325 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: Lawrence M. Smith 85 Grover Street John Putney 29 Berrywood Lane 187 Their terms will be effective until December 31, 2000. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Finance and Property #326 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. Richard Kelley, 2 Goodwin Road, Beverly, MA 01915, to serve as a member of the Beverly License Board. He will fill the unexpired term of William Terry who resigned upon being appointed at the Chief of Police. Mr. Kelley's term will be effective until June 1, 2002. Very truly yours, William F. Scanion, Jr. Mayor Referred to Legal Affairs and Accounts #327 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mrs. Patricia Grimes, 26 Old Town Road, to serve as a member of the Conservation Commission. In addition, she will serve as the Conservation Commission representative to the Beverly Golf and Tennis Commission. Her term will be effective until June 30, 2001. Very truly yours, William F. Scanlon, Jr. Mayor Referred to Legal Affairs and Accounts #328 [] 188 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, Mr. Joseph A. Detorre, 27 Albany Circle, Beverly, HA 01915, to serve as a member of the Council for Aging. His term will be effective until June 30, 2001. Very truly yours, William F. Scanion, Jr. Mayor Referred to Public Service and Aid #329 Honorable City Council City Hall Beverly, HA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mrs. Cynthia Hontalbano, 22 Pond Street, Beverly, HA 01915, to serve as a member of the Council for Aging. She will fill the expired term of Anthony Dettorre who resigned due to personal reasons. Her term will be effective until June 30, 2001. Very truly yours, William F. Scanion, Jr. Mayor Referred to Public Service and Aid Communications from Other City Officers and Boards: #330 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: RE: Snow/Ice Emergency Parking Ban, Winter Parking Ban The existing Emergency Winter Parking Ban, in Beverly, does not work effectively, for a number of reasons. It has been the subject of numerous discussions amongst Beverly's Public Safety officials, complaints by residents to various city Officials and an ineffective ordinance that is difficult to implement with each impending snow or ice storm prediction. 189 For these, and many more reasons, it is our recommendation that the CITY OF BEVERLY revise its Winter Parking Ban, from both a Public Safety perspective and for the benefit of the citizens of Beverly, so that a clear and definitive policy is in place and that this policy is understandable to all residents. Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, Section 133, as follows: DELETE: subsections ©, (d), (e) and (0 in its entirety ADD: ©The Emergency Winter parking Ban shall go into effect on December 15th, unless earlier implemented by the Commissioner of Public Safety, for emergency reasons, and remain in effect until April 1st. However, if the director of Public Services can get the streets swept and cleaned earlier than April 1, he may terminate the winter parking ban before April 1 st. ADD: (d) Vehicles shall not be allowed to park on the roadways of Beverly between the hours of 10:00 P.m. to 6:00 a.m., except for Cabot and Rantoul Streets where parking is prohibited from 1:00 a.m. to 6:00 a.m. ADD: (e) Winter Parking Bank violators shall be charged a fine of twenty-five dollars (425.00) and shall be subject to towing. ADD: (0 Parking shall be allowed on the following streets during the Winter Parking Ban: 1. Bisson St., along the fence of Central Cemetery 2. Broadway, Odd # side, from Cabot to Rantoul Street 3. Butman St., easterly side, along the fence of Central Cemetery 4. Cabot St., opp Dairy Queen, in front of #'s 464 & 466 5. E. Lothrop St., along the fence of Central Cemetery 6. Herrick St., northerly side, along the fence of Beverly High School property 7. Lothrop St., water side, from Atlantic Ave. to Dane St. 8. Railroad Ave., Odd # Side, from Cabot to Rantoul St. 9. Wallis St., southerly side, from Rantoul St. to the end of the fence of Thomas Ford parking lot 10. Washington St., odd # side, from Cabot to Lothrop St. 11. Water St., right side in front of Tucks Point condos and left side, opposite Tucks Point condos. Very truly yours, Dennis O. Tarsook Traffic Sergeant Referred to Leqal Affairs and Accounts #331 Honorable Council 191 Cabot Street Beverly, MA 01915 Dear Honorable Council I hereby submit, for your information, a Call for an Election on November 3, 1998. This Call for the Election delineates the positions contested as well as the polling places for this election. Sincerely, Frances A. Macdonald, CMC City Clerk Ordered: That the City Clerk be and is hereby directed to give notice as required by the General Laws that a meeting of the qualified voters of the City of Beverly will be held at the several polling places designated by the City Council on Tuesday, November 3, 1998 to cast their ballot for the following: GOVERNOR/LT. GOVERNOR ATTORNEY GENERAL SECRETARY FOR THE COMMONWEALTH FOR THE COMMONWEALTH FOR THE COMMONWEALTH 190 TREASURER AUDZTOR REPRESENTATZVE ZN CONGRESS DZSTRZCT COUNCZLLOR SENATOR ZN THE GENERAL COURT DZST. REPRESENTATZVE ZN THE GENERAL COURT DZST. DZSTRZCT ATTORNEY SHERZFF COUNTY COMMZSSZONER FOR THE COMMONWEALTH FOR THE COMMONWEALTH 6TM CONGRESSTONAL 5TM COUNCZLLOR DZSTRZCT 2ND ESSEX SENATORTAL 6th ESSEX REPRESENT. EASTERN DZSTRZCT ESSEX COUNTY ESSEX COUNTY I. QUESTIONS #1 - Setting Compensation of State Legislators #2 - Public Campaign Financing #3 - Tax Rate on Interest and Dividend Income #4 - Electric Utility Industry restructuring The Polls at said meeting shall be opened at 7:00 a.m. to 8:00 p.m. and it is further ordered; That in accordance with Chapter 54 of Section 25 of the General Laws and Amendments thereto the following locations are hereby designated by the City Council as Polling Places for the State Primary Election of September 15, 1998 Ward 1, Precinct 1 YMCA Teen Center Balch Street Ward 1, Precinct 2 YMCA Teen Center Balch Street Ward 2, Precinct 1 Beverly Public Library Winter Street Entrance Ward 2, Precinct 2 Beverly Public Library Winter Street Entrance Ward 3, Precinct 1 YMCA Teen Center Balch Street Ward 3, Precinct 2 YMCA Teen Center Balch Street Ward 4, Precinct 1 Cove School Eisenhower Avenue Ward 4, Precinct 2 Beverly Senior Center Colon Street Ward 5, Precinct 1 Second Congregational Church 35 Conant Street Ward 5, Precinct 2 No. Beverly Elementary School Putnam Street Ward 6, Precinct 1 St. 3ohn's Episcopal Church 705 Hale Street Ward 6, Precinct 2 Centerville School 17 Hull Street Given under our hands this eight day of October, 1998 Beverly City Council Receive and Place on File Communications, Applications and Petitions; #332 Communication from Massachusetts Department of Education re End of Year Pupil and Financial Report Referred to Finance and Property #333 Communication relative to Illegal Roomers Referred to Leclal Affairs and Accounts 191 #334 Communication relative to Illegal Roomers and Residents Referred to Leqal Affairs and Accounts #335 Communication from Dept of Public Safety re An act relative to certain licenses to exhibit by movie theaters Receive and Place on File #336 Communication from Massachusetts Electric re rate reductions Receive and Place on File #337 Comm. from US Environmental Protection Agency re State of the New England Environment Report for 1998 Receive and Place on File #338 Comm. from Division of Local Services re Acceptance of New Construction Pro Rata Assessment Statute Referred to Finance and Property #339 Application for Class II Motor Vehicle License Gen2000 Auto Sales, 94 Cabot St. Referred to LeGal Affairs and Accounts #340 Application of Brew House Caf(~ & Grille for 9 Pool Tables at 900 Cummings Center, Beverly, MA Refer to Leqal Affairs and Accounts Reports from Committees: #264 The Committee on Finance and Property to whom was referred the matter of Loan O~er $600,000.00 for Architedural and Engineering Services for a Joint Public Safety Facility have considered said matter and beg leave to report as follows, to wit: Submit the Accompanying o~er and recommend its adoption ORDERED: That the City Council approve a loan order in the amount of Six Hundred Thousand ($600,000.00) dollars as in the enclosed Loan Order for Architectural and Engineering Services for a Joint Police and Fire Public Safety Facility. That Six hundred thousand ($600,000.00) dollars is appropriated for architectural and engineering services to design a joint police and fire facility: that to meet this appropriation the Treasurer, with the approval of the Mayor and the Director of Municipal Finance and under 192 the direction of the Committee on Finance and Property, is authorized to borrow $600,000.00 under G.L. c.44 s.7(22), and to file an application with the Emergency Finance Board to qualify the bonds under Chapter 44A of Massachusetts General Laws: that the City Treasurer is further authorized to file a certified copy of the loan order and to provide such other information and execute such other documents as the Board may require; and that all bonds or notes issued hereunder shall be certified to in writing as to their genuineness by Fleet National Bank or its successor. Order read once and adopted on a Roll Call Vote Roll Call: Yea: Flaherty, Martin, McGlynn, McMahon, Murray, Rollins, Troubetaris, Van Liere, Gilmore Nay: None Absent: None #244 The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm. from BelISouth Wireless to use Water Tank at Brimbal Hill 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 amended lease with BeliSouth Wireless to use the water tank at Brimbal Hill Dr. and be it furthered ordered that the Mayor be authorized to sign the enclosed Lease Agreement with BeliSouth Wireless. Order read once and adopted 9-0 Vote #300 The Committee on Legal Affairs and Accounts to whom was referred the matter of Amusement Licenses (9) Brew House Caf(~ & Grille 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 #307 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement Jason Spencer, 29 Bridge 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 Mayor be, and the same is hereby authorized to sign the enclosed Subordination Agreement for property owned by Mr. & Mrs. Jason Spencer at 29 Bridge St. Order read once and adopted 9-0 Vote #309 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic re stop sign at Hale and Cabot have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption In the year one thousand nine hundred and Ninety-eight AN ORDINANCE amending an ordinance entitled "Motor Vehicles and Traffic" relative to obedience to isolated stop signs Be it ordained by the City Council of the CITY OF BEVERLY as follows: 193 That Chapter 14, Section 87, of the revised ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD: Hale Street, westbound drivers on Hale Street at Cabot St. This ordinance to take effect according to Charter Provisions. First Passage: October 19, 1998 Final Passage: November 2, 1998 Order read once and held for final passacle accordincl to Charter Provisions 9-0 Vote #314 The Committee on Legal Affairs and Accounts to whom was referred the matter of Junk and Second Hand Dealers License - Bella Donna Consignments, 350 Rantoul St. have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and adopted 9-0 Vote #315 The Committee on Legal Affairs and Accounts to whom was referred the matter of Junk and Second Hand Dealers License - 2nd Avenue, 325A Cabot St. have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and adopted 9-0 Vote #316 The Committee on Legal Affairs and Accounts to whom was referred the matter of Junk and Second Hand Dealers License - Price House Antiques, 137 Cabot St. have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and adopted 9-0 Vote #317 The Committee on Legal Affairs and Accounts to whom was referred the matter of Junk and Second Hand Dealers License - Eclectia by Paula, 71 Cabot St. have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and adopted 9-0 Vote #318 194 The Committee on Legal Affairs and Accounts to whom was referred the matter of Junk and Second Hand Dealers License - Rerun Boutique, 198 Cabot St. have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and adopted 9-0 Vote #319 The Committee on Legal Affairs and Accounts to whom was referred the matter of Junk and Second Hand Dealers License - Blair House Antiques, 1-3 Front St. have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted Order read once and adopted 9-0 Vote #320 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim- Maureen Dolan have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Refer to City Solicitor Order read once and adopted 9-0 Vote #339 The Committee on Legal Affairs and Accounts to whom was referred the matter of Class II MVDL Gen2000 Auto Sales, 94 Cabot St. have considered said matter and beg leave to report as follows, to wit: Recommend the license be Granted Order read once and adopted 9- 0 Vote #340 The Committee on Legal Affairs and Accounts to whom was referred the matter of Application for 9 Pool Tables for Brew House Caf(~ & Grille have considered said matter and beg leave to report as follows, to wit: Submit the accompanying Ordinance and recommend its adoption Ordered: That the City Council hold a Public Hearing on Monday, November 2, 1998 at 7:55 PM at the Beverly Public Library, 32 Essex St., Beverly, MA relative the application of Brew House Cafe & Grille for nine (9) Amusement Device Licenses (Pool Tables) at 900 Cummings Center, Beverly, MA. Order read once and adopted 9-0 Vote #259 The Committee on Public Service and Aid to whom was referred the matter of Petition of Mass Electric for pole in Cole St. have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be Granted Order read once and adopted 8-0 Vote #282 195 The Committee on Public Service and Aid to whom was referred the matter of Petition of Mass Electric for a pole relocation at Cole St. have considered said matter and beg leave to report as follows, to wit: Recommend the Petition be Granted Order read once and adopted 9-0 Vote #312 The Committee on Public Service and Aid to whom was referred the matter of Waiver of Permit fees for Dane Street Bathhouse Project 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 waive the cost of permit fees for Meadows Construction for the Dane Street Bathhouse Project. Order read one and adopted 9-0 Vote #321 The Committee on Public Service and Aid to whom was referred the matter of Comm. from Town of Swampscott relative to Clean-Up of Salem Power Plant 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 #322 The Committee on Public Service and Aid to whom was referred the matter of Comm. from M. Handly re Order No 348 of 94 and 190 of 1998 re Signs at Innocenti Park 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 UNFINISHED BUSINESS: The following ordinances were read into Council minutes on October 5, 1998. First Passage October 5, 1998 Held by Charter Provisions, advertised and held for Final Passage Oct. 19, 1998. #290 #291 #292 #293 #294 Ordinance-Motor Vehicles and Traffic Stop Signs-Milton at Cabot Street Ordinance-Motor Vehicles and Traffic Parking Wilkins Terrace Ordinance-Motor Vehicles and Traffic No Parking This Side, Arlington Ave. Ordinance-Motor Vehicles and Traffic No Parking Liberty St. (Limited Months) Ordinance-Motor Vehicles and Traffic Restricted parking Abbott St. Resolutions: Motions and Orders By Councilors Rollins and Gilmore ORDERED: That Section 2-4 (a) of the Revised City Ordinances, 1989, entitled City Vehicles be enforced. Referred to Leclal Affairs and Accounts and Public Service and Aid Meeting Adjourned at 8:55 PM Attest: Frances A. Macdonald C.M.C City Clerk 196 197