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1995-09-18177 7:55 P.M. #366 7:56 P.M. #229 7:57 P.M. #284 7:58 P.M. #309 7:59 P.M. #365 Boston Gas Petition re installation of gas main in Federal Street Removal of live tree - Lawnbank Road Mass Electric petition for pole relocation - Swan St. Mass Electric petition for Conduit in Cabot St. Mass Electric petition for pole installation - Parsons Drive Remanded to the Committee on Public Service and Aid REGULAR MEETING OF THE BEVERLY CITY COUNCIL - MONDAY, SEPTEMBER 18, 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 Golin ACCEPTANCE OF MINUTES OF PREVIOUS MEETING: Motion made and seconded to accept minutes of September 5, 1995 - Motion passes. CONFIRMATIONS: #348 #349 #350 #351 #352 #354 #355 #358 #359 #360 The appointment of John Putney as Commissioner of Trust Funds was unanimously confirmed. The reappointment of Alan Synenki to Historic District Commission was unanimously confirmed. The reappointment of Joseph Dettorre and Jennie Jason to the Council for Aging was unanimously confirmed. The reappointment of Bruce Abbott to the Beverly Housing Authority was unanimously confirmed. The reappointment of Elaine Sangster to Emergency Medical Services Commission was unanimously confirmed. The appointment of Daniel McPherson as Harbormaster was unanimously confirmed. The appointment of constables Center, Urkiewicz and Almeida was unanimously confirmed. The appointment of Guy Rossi to Cemetery Board of Managers was unanimously confirmed. The reappointment of Harold Leonard as David S. Lynch Public Parks Fund Trustee was unanimously confirmed. The appointment of Michael Lawlet to Emergency Medical Services Commission was unanimously confirmed. COMMUNICATIONS FROM HIS HONOR THE MAYOR: #380 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, the attached list of Traffic Supervisors and Reserves as Special Police Officers for the City of Beverly as per the attached communication from the Beverly Public Schools. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION #381 Honorable City Council City Hall Dear Honorable Council: 177 178 As per the attached communication from City Solicitor Marshall Handly, I hereby request permission to pay One Thousand Seven Hundred Thirty-Four Dollars and Seventy-Five Cents ($1,734.75) from the Solicitor's current fiscal year budget for bills incurred during the 1994-95 fiscal year. Mr. Handly's letter gives a detailed explanation of the reason for this request. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY //382 Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to sign and submit a grant application to the Department of Environmental Protection (DEP) Municipal Recycling Program for leaf and yard waste composters. Attached is a communication from Kimberley Driscoll, Community Development Director, concerning this request. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #383 Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable Council authorize Massachusetts Electric to install a temporary pole on Conant Street. Attached is a communication from Kimbedey Driscoll, Community Development Director, concerning this request. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID //384 Honorable City Council City Hall Dear Honorable Council: I hereby request that your Honorable Council schedule a public hearing in accordance with City Ordinance for removal of live trees on the Beverly Common as per the attached communication from Community Development Director, Kimberley Driscoll. Also attached is a plan showing the trees that need to be removed in order to go forward with the Beverly Common improvements. Very truly yours, William F. Scanion, Jr., Mayor REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID //385 Honorable City Council City Hall Dear Honorable Council: 178 179 You will recall that some time ago, the Council voted to make the City of Beverly an Economic Target Area (ETA) and that subsequently the State so designated our entire City. The purpose of this action was to allow us if the Council so chose to create Economic Opportunity Areas (EOA's) within the City. These EOA's would then be able to offer certain tax advantages to businesses. A fewrelevant points are: 1. EOA's can be helpful to us if we attract a business we might not otherwise attract to a site that might otherwise not be attractive. 2. EOA's should apply to special situations not every situation. Otherwise we would be marking down everything. 3. An EOA represents giving something up to get something when failure to do so suggests we would get nothing, 4. Sometimes the significant give up can come from the State (although we would still need to vote approval) and our give up can be more cosmetic than real. An example would be a minor real estate tax give up by us to allow access to a major State Investment Tax Credit. 5. I will only come to you with situations that are special or sites that are special. 6. Any business or site that believe we are reasonably able to attract anyway should be and will not be a recommended candidate for an EOA. 7. Over a period of time all TIF's evaporate and we come to a full tax basis. Very truly yours, William F. ScanIon, Jr., Mayor RECEIVED AND PLACED ON FILE #386 Honorable City Council City Hall Dear Honorable Council: The Town of Danvers has e current water emergency and has requested that it be allowed to purchase water from the Beverly-Salem Water Supply Board. DPW Commissioner George Zambouras has reviewed the matter and has recommended the sale and terms he believes are appropriate. He and I have both discussed this matter with Salem. The rate at which Mr. Zambouras is suggesting water would be sold is slightly higher than the existing Beverly rate of $1.48 per cubic foot. A portion of that money would go to the Water Supply Board which in fact would benefit both Salem and Beverly and a portion would go directly to Beverly which would benefit us specifically. If you approve this request, I suggest that you place a 90-day window on your approval without additional review. Attached is a communication from Commissioner Zambouras concerning this request. Very truly yours, William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID #387 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request that your Honorable Council authorize the Mayor to fill the position of Workmen's Compensation Agent. Very truly yours, 179 180 William F. ScanIon, Jr., Mayor REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #388 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Ms. Ellen Flannery, 30 Conant Street, Beverly, MA 01915, to serve' as a member of the Beverly Planning Board. She will fill the unexpired term of Ann Mahoney who resigned due to personal reasons. Ms. Flannery's term will be effective until December 31, 1996. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION #389 Honorable City Council City Hall Dear Honorable Council: I hereby promote, subject to your confirmation, the following in the Beverly Police Department: Captain Louis P. Bouchard 295 Essex Street Beverly, MA 01915 Mark A. Ray 55 Sherwood Avenue Danvers, MA 01923 Robert L. Young 12 Roderick Avenue Beverly, MA 01915 Seroeant Timothy C. Hegarty 45 Butman Street Beverly, MA 01915 These appointments to be effective September 29, 1995. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION #390 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, Ms. Melissa Nicholson, 248 Cabot Street, Beverly, MA 01915, to serve as a member of the Parking and Traffic Commission. 180 181 She will replace Mr. Ted Lehne. Her term will be effective until March 1, 1998 Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION //391 Honorable City Council City Hall Dear Honorable Council: I hereby submit for your information the appointment of Mr. Charles Zarba, 17 Thoreau Circle, Beverly, MA 01915, to serve as a member of the Economic and Community Development Council. He will replace Mr. Paul Marciano who has resigned due to personal reasons. Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION #392 Honorable City Council City Hall Dear Honorable Council: I hereby appoint, subject to your confirmation, the following as Permanent, Full-time Patrolmen for the Beverly Police Department effective September 29, 1995: Mr. Sean Conholly 12 Pope Street Bldg. 810 Salem, MA 01970 Mr. Brian Long 75 Hale Street Beverly, MA 01915 Mr. Harold Geary 123 Colon Street Beverly, MA 01915 Very truly yours, William F. ScanIon, Jr., Mayor LAID OVER FOR CONFIRMATION COMMUNICATIONS FROM OTHER CITY OFFICERS AND BOARDS: '~393 Bruce F. Nardella, President of the Council City Hall Dear Mr. Nardella, The Beverly Council on Aging is requesting permission to hire a part time van driver when we receive our new van. Salary for this position has been approved for in our budget. Sincerely, Joseph Dettorre, Chairman, Beverly Council on Aging REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY 181 182 //394 Dear Honorable Council: I would like to request that the Harbormaster's Department be allowed to pay an invoice from last year, out of his fiscal year's budget in the amount of 937.06. This bill was inadvertently misplaced while this department was in transition. This bill is for Phase One Office Products. Thank you for considering this matter. Yours truly, Dan McPherson, Harbormaster REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY //395 Honorable City Council City Hall Dear Council, Re: Request for Stop Sign, Western Avenue I have been contacted by some residents to look into placing a STOP sign on Western Avenue, at the intersection of Shortell Avenue. I have investigated this location and found it does meet the warrants for a STOP sign. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following STOP sign: ADD: Western Avenue, southbound drivers on Western Avenue at Shortell Avenue. Very truly yours, Dennis O. Tarsook, Traffic Sergeant REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS //396 Honorable City Council City Hall Dear Council, Re: Request for 30~minute parking, 31 West Street We have received several requests to eliminate the ALL-DAY parking, 3 spaces, in front of 31 West Street, Beverly Farms Mobil Station and create 30*minute parking in its' place. this problem is further aggravated by the fat the owner of the Mobil Gas Station continues to use these spaces to park vehicles waiting to be repaired, which reduces the number of quick turn-over spaces for the Farms Post Office and other business along West Street, We have investigated these complaints, talked to the owner of the Mobil Station and monitored these spaces to see what the best uses would be. We believe the 30-minute parking would be the best use of these three parking spaces, allowing for fast turn-over of the parking. Please take the necessary action to amend City of Beverly Revised Ordinances, Chapter 14, Section 124 as follows: Add: West Street, southerly side, 3 spaces in front of//31 West Street. Very truly yours, Dennis O. Tarsook, Traffic Sergeant REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #397 Honorable City Council City Hall 182 183 Dear Council, Re: Request for STOP sign, Lindsey Avenue I have been contacted by some residents to look into placing a STOP sign on Lindsey Avenue, at the intersection of Eaton Avenue. I have investigated this location and found it does meet the warrants for a STOP sign. In accordance with the provisions of Chapter 89m, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised Ordinances of the City of Beverly, we request the following STOP sign: ADD: Lindsey Avenue, northbound drivers on Lindsey Avenue at Eaton Avenue. Very truly yours, Dennis O. Tarsook, Traffic Sergeant REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #398 City Council City of Beverly Dear Councilor Nardella: I respectfully request the following equipment indicated on the attached list be declared surplus. These vehicles are beyond repair and should be disposed of. If granted, I will prepare specifications to dispose of these vehicles in the most cost effective manner to the city. Very truly yours, George Zambouras, P.E., Commissioner of Public Works REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY COMMUNICATIONS, APPLICATIONS AND PETITIONS #399 NYNEX petition for underground conduit at Hardy Street REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID #400 Request for water rebate - Janet M. Ames, 24 Radcliff Road REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #401 Claim - James A. Hayward, 66 Kernwood Avenue REFERRED TO COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS #402 Request to erect staging - Modern Diversified for painting First Unitarian Church REFERRED TO COMMITTEE ON PUBLIC SERVICE AND AID REPORTS FROM COMMITTEES: #324 The Committee on Finance and Property to whom was referred the matter of Communication from Mayor re filling position in Grants office has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. 183 184 ORDERED: That the Community Development Director be, and the same is hereby authorized to fill the grant funded position of Community Development Assistant for Public Infrastructure Projects, Order read once and adopted. #331 The Committee on Finance and Property to whom was referred the matter of Finance Director's request to pay prior fiscal year bill has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That authorization is hereby given for the payment of $549.50 of prior fiscal year bills from the current fiscal year appropriations, as requested by the Finance Director. Phase One Office Products Salem Mailing Service Total Orderread once and adopted. #341 372.34 177.16 549.50 The Committee on Finance and Property to whom was referred the matter of communication from Gordon Weeks re purchase of Centerville Fire Station has considered said matter and begs leave to report as follows, to wit: Receive and place on file. Order read once and adopted. #345 The Committee on Finance and Property to whom was referred the matter of Communication from Mayor re bond authorization has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That $570,000 is appropriated for payment to Refuse Energy Systems Co. (RESCO) for Beverly's share of the cost of improvements to the RESCO incinerator and related facilities required by changes in law or otherwise; that to meet this appropriation the Treasurer-Collector, with the approval of the Mayor and the Finance Director and under the direction of the Committee on Finance and Property is authorized to borrow $570,000 under G. L. Chapter 44, Section 8(18) or Chapter 355 of the Acts of 1991, 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-Collector is further authorized to file a certified copy of the loan order and 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 Shawmut Bank, N.A. Be it further ordered that a Public Hearing be held on October 2, 1995 at 7:50 p.m. in the Council Chambers, third floor, City Hall, 191 Cabot Street relative to this bond authorization. Order read once and passed to a second reading, laid over under charter provisions. #345A The Committee on Finance and Property to whom was referred the matter of Communication from Mayor re bonding for Fire Department vehicles has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That $395,000 is appropriated for the purchase of fire trucks; that to meet this appropriation the Treasurer-Collector, with the approval of the Mayor and the Finance Director and under the direction of the Committee on Finance and Property is 184 185 authorized to borrow $395,000 under G. L. Chapter 44 Section 7(9) 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-Collector is further authorized to file a certified copy of the loan order and 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 Shawmut Bank, N.A. Be it further ordered that a Public Hearing be held on Monday, October 2, 1995 at 7:55 p.m. in the Council Chambers, third floor, City Hall relative to this bond authorization. Order read once and passed to a second reading, laid over under charter provisions. #364 The Committee on Finance and Property to whom was referred the matter of Hardie School lease has considered said matter and begs leave to report as follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the City Council hereby authorize the City Solicitor to negotiate and the Mayor to execute the lease agreement for the rental of the Herdie School, subject to the following limitations: The City will not be responsible for the repair or replacement of the roof or of the heating system during the term of the lease. Order read once and adopted. #403 (#457 of 1994) The Committee on Finance and Property to whom was referred the matter of Mayor's request to amend bond authorization to include police station repairs has considered said matter and begs leave to report as follows, to wit: Receive and Place on File. #81 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - James Shaffacval have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #82 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - John M. Chaisson have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #135 The Committee on Legal Affairs and Accounts to whom was referred the matter of Wetlands Protection Ordinance have considered said matter and beg leave to report as follows, to wit: Recommend adoption of the amended ordinance. Discussion, motion made and seconded to return to Committee for further study. #155 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from Planning Board re zoning amendments - Definition of "LOT" and "HOME OCCUPATION" have considered said matter and beg leave to report as follows, to wit: No Further Action. Order read once and adopted. #285 The Committee on Legal Affairs and Accounts to whom was referred the matter of claim - Bonnie Lord have considered said matter and beg leave to report as follows, to wit: 185 186 No Further Action. Order read once and adopted. #295 The Committee on Legal Affairs and Accounts to whom was referred the matter of Beverly Housing Authority request to waive building permit fees 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 waive the permit fees for the following Beverly Housing Authority Projects: Elevator Modernization at Garden City towers, 20 Sohier Road; Exterior repair and improvements of Chestnut Park apartment buildings, Chestnut Street; HVAC - improvements at Garden City Towers, 20 Sohier Road; Site and building modifications to meet ADA requirements at Garden City Towers and Chestnut Park; Water main alteration for pump alecommissioning at Hilltop Drive Project, Fire alarm system improvements at Garden City Towers, in accordance with the request of the Beverly Housing Authority. Order read once and adopted. #301 The Committee on Legal Affairs and Accounts to whom was referred the matter of communication from Police Department re STOP Sign at Dane and Lovett Streets 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 Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Dane Street, southeastbound and northwestbound drivers on Dane Street at Lovett Street, both sides" This ordinance to take effect upon passage. Ordinance read once and adopted #302 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Police Department re STOP sign at Appleton Avenue 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 Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Appleton Avenue, northeastbound drivers on Appleton Avenue at Baker Avenue" This ordinance to take effect upon passage. 186 187 Ordinance read once and adopted. #305 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Commissioner of Public Works re Drain Layer's license - Country Homes, 114 Hart Street, Beverly have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted. #306 'he Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from SESD re award or easements - Goldway Playground and Ward Two Playground have considered said matter and beg leave to report Js follows, to wit: Submit the accompanying order and recommend its adoption. ORDERED: That the City Council of the City of Beverly accept $5,900.00 from South Essex Sewerage District in full settlement of all damages sustained as a result of the taking of easements within Goldway Playground and Ward Two Playground, as recorded at the Essex South District Registry of Deed on July 25, 1995. Order read once and adopted. #308 The Committee on Legal Affairs and Accounts to whom was referred the matter of Police Department communication re right-on-red, Lothrop and Hale Streets 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 Right-on-red prohibited when posted Be it ordained by the city council of the city of Beverly as follows: That Chapter 14, Section 88 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Lothrop Street at Hale Street, northeasterly drivers on Lothrop Street prohibited from right-on-red turn, This ordinance to take effect upon passage. Ordinance read once and passed to be ordained. #310 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - June Curtis have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Referred to the City Solicitor) Order read once and adopted. #311 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Jane Roberts have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Referred to the City Solicitor) Order read once and adopted. #312 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Patrick and Laura Slattery have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Referred to the City Solicitor) Order read once and adopted. 187 188 #313 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Thomas Alexander re encroachment on City property have considered said matter and beg leave to report as follows, to wit: Receive and Place on file. Order read once, motion made and seconded to return to Committee. Motion passes. #329 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Police Department re STOP sign at Tremont Street 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 Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Tremont Street, southeastbound drivers on Tremont Street at Cliffon Avenue" This ordinance to take effect upon passage. Ordinance read once and adopted. #330 The Committee on Legal Affairs and Accounts to whom was referred the matter of Police Department communication re STOP sign at Clifton Avenue 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 Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Clifton Avenue, southeastbound and northwestbound drivers on Clifton Avenue at Tremont St" This ordinance to take effect upon passage. Ordinance read once and adopted, and passed to be ordained. #332 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Commissioner of Public Works re Drain Layers License - East Coast Excavating, Groveland, MA have considered said matter and beg leave to report as follows, to wit: Recommend the license be granted. Order read once and adopted. #334 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from City Solicitor re Ordinance change - Cross Connection Control Devices have considered said matter and beg leave to report as follows, to wit: 188 189 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 PUBLIC WORKS relative to Article VI - Cross Connection Control Program Be it ordained by the city council of the city of Beverly as follows: That Section 21-152 of the Revised Ordinances of the City of Beverly be, and the same is hereby amended by adding the following at the end of the current ordinance: "The City of Beverly's Cross Connection Control Program shall be implemented as provided in this ordinance in compliance with the applicable requirements of the Code of Massachusetts Regulations (CMR). In the event of a conflict between the provisions of this ordinance and the requirements of the CMR, the CMR shall control." That Article VI be further amended in the following manner: Amend Section 20-154 by adding to the definition of DPW: "or its designee if and as permitted by applicable provision in the Code of Massachusetts Regulations." Amend Section 20-154 by eliminating the current definition of "Department" and replacing it with the following: "Department: The Massachusetts Department of Environmental Protection" Amend Section 20-154 by eliminating the current definition of "Reviewing Authority", and replacing it with the following: "Reviewing Authority: The Massachusetts Department of Environmental Protection" Amend Section 20-156(a)(1) by replacing the term DPW with the following: "DEP or its designee" Amend Section 20-156(3) and 20-156(7) by replacing the term DEQE with the following: "DEP" Amend Section 20-156(10) by adding before the term "Permits" the following: "surveys" Amend Section 20-150(A) by deleting the following: "owner to represent the" Amend Sections 20-161 (b) by replacing the term DEQE with the following: "DEP" This ordinance to take effect upon passage. Ordinance read once and passed to be ordained. //337 The Committee on Legal Affairs and Accounts to whom was referred the matter of Claim - Christee Friend have considered said matter and beg leave to report as follows, to wit: Receive and Place on File (Referred to the City Solicitor) Order read once and adopted. #339 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication re recycling have considered said matter and beg leave to report as follows, to wit: No Further Action Order read once and adopted. #363 The Committee on Legal Affairs and Accounts to whom was referred the matter of Communication from Police Department re STOP sign at Big Rock Lane 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 189 190 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 Ordinances of the City of Beverly, 1989, be, and the same is hereby amended by adding thereto the following: "Big Rock Lane, westbound drivers on Big Rock Lane at Montserrat Road." This ordinance to take effect upon passage. Ordinance read once and adopted #378 The Committee on Legal Affairs and Accounts to whom was referred the matter of Rollins order re hazardous building a R119 Rantoul Street have considered said matter and beg leave to report as follows, to wit: Recommend adoption of the order. Order read once and adopted. #288 The Committee on Public Service and Aid to whom was referred the matter of Rollins order re Hazardous Waste Collection Day have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. //339 The Committee on Public Service and Aid to whom was referred the matter of Communication from Jansons re recycling have considered said matter and beg leave to report as follows, to wit: Receive and Place on File Order read once and adopted. #343 The Committee on Public Service and Aid to whom was referred the matter of McGlynn order re removal of live tree 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 hold a Public Hearing on Monday, October 2, 1995 at 7:54 p.m. in the Council Chambers, Third floor, City Hall relative to the removal of a live tree at 7 Magnolia Avenue Order read once and adopted. #367 The Committee on Public Service and Aid to whom was referred the matter of Mass Electdc Petition for conduit in Hull Street 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 hold a Public Hearing on Monday, October 2, 1995 at 7:53 p.m. in the Council Chamber, third floor, City Hall relative to the Mass Electric petition for conduit in Hull Street. Order read onqe and adopted. 190 191 #368 The Committee on Public Service and Aid to whom was referred the matter of Mass Electric Petition for pole relocation in Hull Street 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 hold a Public Hearing on Monday, October 2, 1995 at 7:52 p.m. in the Council Chamber, third floor, City Hall relative to the Mass Electric petition for pole relocation in Hull Street. Order read once and adopted. #372 The Committee on Public Service and Aid to whom was referred the matter of Golin order re Removal of hazardous tree at 11 Russell Street have considered said matter and beg leave to report as follows, to wit: Recommend adoption of the order Order read once and adopted. //374 The Committee on Public Service and Aid to whom was referred the matter of Troubetaris order re minimum sewer/water bills have considered said matter and beg leave to report as follows, to wit: Refer matter to the Committee on Legal Affairs and Accounts. Order read once and adopted. //377 The Committee on Public Service and Aid to whom was referred the matter of Troubetaris order re Fishing at Obear Park have considered said matter and beg leave to report as follows, to wit: Refer matter to the Committee on Legal Affairs and Accounts. Order read once and adopted, #379 The Committee on Public Service and Aid to whom was referred the matter of Murray order re Fire Hydrant Maintenance Program have considered said matter and beg leave to report as follows, to wit: Recommend adoption of the order. Order read once and adopted. //383 The Committee on Public Service and Aid to whom was referred the matter of Mass Electric request for temporary pole 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 authorize Mass Electric Company to install a temporary pole on Conant Street to monitor power interruptions to the Eaton Corporation. Order read once and adopted, #384 The Committee on Public Service and Aid to whom was referred the matter of Removal of live trees from Beverly Common 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 hold a Public Hearing on Monday, October 2, 1995 at 7:51 p.m. in the Council Chamber, third floor, City Hall relative to the removal of several live trees in Beverly Common, prior to the beginning of Common improvement program. Order read once and adopted. //402 The Committee on Public Service and Aid to whom was referred the matter of Request from Modern Diversified, Inc to erect staging at First Unitarian Church have considered said matter and beg leave to report as follows, to wit: 191 192 Submit the accompanying order and recommend its adoption. ORDERED: That the City Council grant permission for staging to be erected at the First Unitarian Church, 225 Cabot Street, provided that safety precautions as described in the attached are implemented and an insurance certificate is on file in the City Clerk's office Order read once and adopted. MOTIONS AND ORDERS: #404 By Councilor Coughlin: ORDERED: That the Commissioner of Public Works be, and the same is hereby ordered to make a study and recommendation relative to the removal of a live tree at 63 Ellsworth Avenue REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID #405 By Councilor Rollins: ORDERED: In view of the complaints concerning the illegal parking of motor vehicles on the beach and public landing, called Sandy Point, located at the foot of Water Street, be it ordered that the City Council, the Harbor Management Authority, and the Conservation commission take whatever steps that are necessary to put up a fence along the hottop driveway leading to the ocean. REFERRED TO THE COMMITTEE ON PUBLIC SERVICE AND AID #406 By Councilor Rollins: ORDERED: That the Computer Commission be request to research the Esse County Information Network being implemented by the county particularly as it relates to aerial maps which will be used to support wetland delineation. REFERRED TO THE COMMITTEE ON FINANCE AND PROPERTY #407 By Councilor Gilmore: ORDERED: That the Conservation Commission be authorized to negotiate an Agreement for the use of Conservation Commission propert,/situated off Standley Street as playing fields by the Beverly Gids' Softball League. The property is shown as Lot 1A, on Assessors' Map #58. Any agreement reached by the Conservation Commission and the league will not be binding until approved by the City Council. REFERRED TO THE COMMITTEE ON LEGAL AFFAIRS AND ACCOUNTS Motion to adjourn: 11 ;25 p.m. Attest: Constance E. Perron City Clerk 192