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1995-03-067:58 PM #55 A Public Hearing relative to remove of live trees at 189-191Brimbal Ave. 47 REGULAR MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, MARCH 6, 1995 ROLL CALL: PRESENT: Coughlin, Gilmore, Golin, Mahan, McGlynn, Murray, Rollins, Troubetaris and Nardella, ABSENT: None PLEDGE OF ALLEGIANCE TO THE FLAG: Led by Councilor Mahan ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of February 21, 1995 meeting - Motion passes. CONFIRMATIONS: COMMUNICATIONS FROM HIS HONOR THE MAYOR: #109 March 6, 1995 Honorable City Council City Hail Beverly, MA 01915 Dear Honorable Council: I hereby request your approval to transfer Forty-Five Thousand Dollars (~45,000) to account "Police Overtime" from the following accounts: $15,000 from account "Reserve for Unforeseen" $30,000 from account "Special Police Detail" $45,000 Total Said sum of money to be expended under the direction of the Chief of Police. Numerous discussions have been held with the police chief and members of his staff. As you will see from the attached memo to me from the police chief, he believes these transfers will allow his to get through the balance of this fiscal year, barring unforeseen circumstances of an emergency nature. Very truly yours, William F. ScanIon, Jr. Mayor REFERRED TO FINANCE AND PROPERTY #110 March 6, 1995 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your confirmation, Mr. Robert Lee, 24 Leather Lane, Beverly, MA 01915, to serve as a member of the Cable TV Advisory Commission. He will replace Mr. John Hurley whose term has expired. Mr. Lee's term will be effective until January 31, 1998. 47 48 Very truly yours, William F. ScanIon, Jr. Mayor LAID OVER FOR CONFIRMATION COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: #57 February 24, 1995 The Honorable City Council City of Beverly, 191 Cabot Street Dear Members of the Council: RE: ORDER #57 RECOMMENDATION TO CITY COUNCIL ON JOINT PUBLIC HEARING At the Planning Board's regular meeting held on Tuesday, February 21, 1995, members of the Planning Board voted unanimously to recommend to your Board that a joint public hearing be scheduled on the above-referenced Order. Respectfully, James A. Manzi, Chairman Planning Director REFERRED TO THE LEGAL AFFAIRS AND ACCOUNTS #111 March 6, 1995 Honorable City Council City Hall Dear Council, RE: Consone-3 Harrison Ave. Request for Subordination of Mortgage Enclosed herewith is a request for a Subordination of Mortgage for the property owned by William and Margaret Consone located at 3 Harrison Ave., In Fiscal year 1989, Mr. & Mrs. Consone received a $6,685.00, 0% interest- deferred home improvement loan from the Community Development Office. The City of Beverly currently holds a second mortgage on the property as security for repayment of this loan which is due upon resale of the property located at Harrison Ave. At the present time, Mr, & Mrs Consone are refinancing the first mortgage on the property and have requested a subordination from the City. The proposed refinancing will place the City in a second mortgage holder position behind the Warren Five's $69,500 first mortgage. The current assessed value of the property is $107,000 and there appears to be sufficient equity in the property to protect the City's interest in the event of a foreclosure. In order to complete the proposed refinancing, Mr. and Mrs Consone have requested that the City agree to subordinate to the new first mortgage. With this in mind, I have enclosed the attached Subordination of Mortgage for your approval and signature. Thank you for your cooperation and please feel free to contact me if you have any questions or concerns in regard to this matter. Sincerely, Kim Driscoll Community Development Director REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS COMMUNICATIONS, APPLICATIONS AND PETITIONS: 48 49 #112 Request by Pine Street Inn to place a drop off bin in parking lot on Pond St. REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #113 Request by Salem Sound 2000 to meet with Council relative to Mass Bays Program and the newly formed Beverly Coastal Water Quality Task Force. REFERRED TO THE COMMITTEE OF THE WHOLE #114 Petition of NYNEX request for conduits at Harry Ball Field REFERRED TO PUBLIC SERVICE AND AID # 115 Application-Limousine License-Edward C. Scialdone for Adventure Limousine REFERRED TO LEGAL AFFAIRS AND ACCOUNTS #116 Comm from Comm of Mass Revised FY96 Appropriation REFERRED TO FINANCE AND PROPERTY REPORTS FROM COMMITTEES: #61 The Committee on Finance and Property to whom was referred the matter of Mayor's request for transfer to account "GAR Hall Building Commission - Hot Water Heater" (973.00) have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. Ordered: That the sum of Nine Hundred Seventy-Three Dollars ($973.00) be, and the same is hereby transferred from account "Reserve for Unforseen Expenditures" to account "GAR Hall Building Commission - Hot Water Heater" in accordance with the recommendation of His Honor the Mayor. Said sum of money to be expended under the direction of the GAR Hall Building Commission. Order read once and adopted #91 The Committee on Finance and Property to whom was referred the matter of Demand fee for overdue water and sewer bills, have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the ~~ice ~f the C~~~ect~rFFreasurer be and the same is hereby auth~rized t~ charge a $5.~~ Demand fee per service on overdue water/sewer bills over 60 days from date of issue. Order read once and adopted. #116 The Committee on Finance and Property to whom was referred the matter of Revised FY96 Retirement Appropriation, have considered said matter and beg leave to report as follows, Receive and Place on File #111 The Committee on Legal Affairs and Accounts to whom was referred the matter of Subordination Agreement-William and Margaret Consone, 3 Harrison Ave. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. 49 50 ORDERED: That His Honor the Mayor be,and the same is hereby authorized to sign the attached subordination agreement with William and Margaret Consone, for property at 3 Harrison Ave., as recommended by community Development. Order read once and adopted. #57 The Committee on Legal Affairs and Accounts to whom was referred the matter of Request by Planning Board for Joint Public Hearing relative to uses by right on Agricultural, Horticultural, etc. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That a Joint Public Hearing with the Planning Board be held on Tuesday, April 18, 1995 at 7:00 pm in the Council Chamber, Third Floor, City Hall relative to Zoning Ordinance relative to Uses by Right on Agricultural, Horticultural, etc. Order read once and adopted. #64 The Committee on Legal Affairs and Accounts to whom was referred the matter of Water/Sewer Rates have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the Ordinances relative to yearly automatic increases of water and sewer rates of 2 1/2 per cent be rescinded. Order read once and adopted. #74 The Committee on Legal Affairs and Accounts to whom was referred to matter of Ordinance-Motor Vehicles and Traffic re stop sign - Oakmont Road have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinance and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and Ninety-Five 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: That Chapter 14, Section 86 of the Revised Ordinance of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: ADD: Oakmont Road, northeastbound drivers on Oakmont Road at Putnam Street. This ordinance to take effect upon passage. Ordinance read once and adopted. #78 The Committee on Legal Affairs and Accounts to whom was referred the matter of Acceptance of Streets in Oak Hill Estates Subdivision, 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 do hereby accept the roadways in the Oak Hill Estates subdivision as Public Ways 50 51 in the City of Beverly. The roads affected are Old Rubbly Road, Deer Haven Road, Sherwood Lane, Arrowhead Lane, Fox Hill Court and Old Town Road. Order read once and adopted. #94 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinances Motor Vehicles and traffic re Parking on Winter St., have considered said matter and beg leave to report as follows, to wit: Submit the accompanying ordinances and recommend its adoption. CITY OF BEVERLY In the year one thousand nine hundred and Ninety-Five AN ORDINANCE amending an ordinance entitled "Motor Vehicles and Traffic" relative to NO PARKING THIS SIDE Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 123 of the Revised Ordinances of the City of Beverly, 1989 be, and the same is hereby amended by: Delete: Winter Street, southerly side, from KnowIron Street to the driveway of Number 11 Winter Street (approximately one hundred fifty (150) feet easterly) This Ordinance to take effect upon passage. #94A CITY OF BEVERLY In the year one thousand nine hundred and Ninety-Five AN ORDINANCE amending an ordinance entitled "Motor Vehicles and Traffic" relative to Towing of Vehicles in specific areas Be it ordained by the City Council of the City of Beverly as follows: That Chapter 14, Section 137 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by: Delete: Winter Street, southerly side, from Essex St. to the driveway of # 11 Winter St. (approximately one hundred ten (110) feet westerly) Add: Winter Street, southerly side, two (2) spaces opposite exit of Library parking lot, roughly in front of #11 Winter Street Ordinance to take effect upon passage #95 The Committee on Legal Affairs and Accounts to whom was referred the matter of Drain Layers License a. R. Belli, Inc. have considered said matter and beg leave to report as follows, to wit: Recommend the License be Granted #103 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim-Darcia Sadoski, have considered said matter and beg leave to report as follows, to wit: Receive and Place on File #101 The Committee on Public Service and Aid to whom was referred the matter of Petition NYNEX for conduit on Bartlett 51 52 St. at corner of Stone St. have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption ORDERED: That a Public Hearing be held on Monday, March 20, 1995 at 7:58PM in the Council Chamber, Third Floor, City Hall relative to NYNEX Petition for underground conduit on Bartlett St. at corner of Stone St., Beverly, to upgrade service. Order read once and adopted. UNFINISHED BUSINESS: The following transfers, which took a first reading on February 21, 1995 and were laid over under charter provisions, were passed on roll call votes. #60 Mayor's recluest for transfer to account "War Memorial Advisor,/Committee" ($500.00) #62 Ma¥or's request for transfer to account "GAR Hall Building Commission - Janitorial Services" ($1900) MOTIONS AND ORDERS //117 By Councilor Coughlin: ORDERED: That the Recreation Director coordinate all efforts for a Master Plan at Norwood's Pond for the purpose of Recreation, Athletic Facilities and Nature Preserve. REFERRED TO THE COMMITTEE OF THE WHOLE #118 By Councilors Golin, Rollins and Coughlin: ORDERED: That for health and welfare of all, the Beverly City Hall be declared a smoke-free building and that no person including employees, shall smoke in any office, hallway or restroom therein. Be it further ordered the Health Department be responsible for enforcing this smoke free policy. REFERRED TO THE LEGAL AFFAIRS AND ACCOUNTS Motion to adjourn: 8:55 P.M. Frances A. Macdonald Assistant City Clerk