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1999-11-017:45 PM #345 A Public Hearing re Transfer to Account Millenium Celebration ($15,000.00) Referred to Finance and Property 7:55 PM #349 A Public Hearing re Transfer to Account Violence Prevention Hotline ($1,500) Referred to Finance and Property 7:58 PM #356 A Public Hearing re Petition-Mass Electric for guy SO Pole Hart St. Recessed until November 15, 1999 at 7:55 PM Regular Meeting of Beverly City Council Nov. ], ] 999 Roll Call: All Councilors were presenl Pledge of Allegiance to the Flag: led by Councilor Rollins Acceptance of Minutes of Previous Meeting: Minutes of October 18, 1999 Communications from His Honor the Mayor: #361 November 1, 1999 Honorable City Council City Hall Beverly, MA 01915 Re: Land Takings Dear Honorable Council: I am writing to request that you approve, permit and direct me to effect the following takings and relocations, and take such steps as are necessary to transfer and appropriate the funds to accomplish that purpose, Parcel 1:31 BurIcy St., Wenham (Relocation) Award $56,650 Acquisition of house and property was identified by the FAA as necessary to remove from the nmway safety zone at Beverly Municipal Airport and parcel was acquired in September, 1997. Per federal and state relocation regulations, the owners' daughter and children were allowed to stay until comparable decent, safe, and sanitary housing could be found. The relocation award has been established by FAA authorized relocation consultant and is a final cost within the limit authorized by the FAA. Upon payment the City will receive $50,985 (90%) in reimbursement from the FAA, $3,965 (7%) from Mass. Aeronautics Commission and $1,700 (3%) from the airport. Please authorize me to effect this relocation and transfer and appropriate sufficient funds to accomplish this acquisition. Parcel 2:35 Burley St., Wenham (taking in fee) Award: $317,000. This house and property was identified by FAA as necessary to remove from the nmway safety area at Beverly Municipal Airport. The price of the acquisition has been established by FAA approved appraisal and negotiation, and is a final price within the limit authorized by FAA. The price includes relocation and moving expenses. Upon payment and acquisition ofthe parcel, the City is expected to receive $285,300 (90%) reimbursement from FAA, $22,190 (7%) from Mass. Aeronautics Commission and $9,510 from the airport. Please authorize me to effect this acquisition through the exercise of the City's power of eminent domain and transfer and appropriate sufficient funds to accomplish this acquisition. Parcel 1 and 2:31 and 35 BurIcy Street, Wenham (Demolition, engineering and legal fees) Award: $26,675 These are demolition, engineering and legal fees associated with the Parcel 1 and 2 acquisition and relocations as submitted by the airport engineering consultant. The City is expected to receive $24,007 (.90%) reimbursement from FAA, $1,867 (7%) from Mass. Aeronautics Commission and $800 from the an'port. Please authorize me to effect this work and transfer and appropriate sufficient funds to accomplish this acquisition. Thank you for your attention to these matters. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Legal Affairs and Accounts and Finance and Pronertv #362 November 1, 1999 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. William Howard, 2 Sylvester Avenue, Beverly, MA 01915, to serve as a Commissioner of Trust Funds. He will replace Mr. Peter Copelas who has moved out of town and his term will be effective until December 31, 2002. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Finance and ProOertv #363 November 1, 1999 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: Please approve a transfer of $27,325 from the account "Reserve for Unforeseen" to account "LED Traffic Signals." Said sum of money to be expended under the direction of the City Electrician. Our net cost to convert our traffic signals, as described in the aRached letter, will be approximately $17,000. Within twoyears the savings on electricity will pay furthe investrnent. City Electrician Ed Comeau will be happy to provide the details. Very truly yours, William F. ScanIon, Jr. Mayor Referred to Finance and Prol~ertv #364 November 1, 1999 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Ms. Karen H.P. Nelson, 10 Normandy Row, Topsfield, MA 01983, to serve as one of the two Danvers' representatives to the Beverly Airport Commission. A~cached is a letter of request from Danvers Town Manager, Wayne P. Marquis. She will fill the expired term of Jane Dean, and her term will be effective until December 31,2001. Very truly yours, William F. ScanIon, Jr Mayor Referred to Public Service and Aid Communications from other City Officers and Boards #43 Beverly City Council 191 Cabot Street Beverly, MA RE: City council Order #43 Dear Honorable Council: Last march, the City Council and Planning Board conducted a Joint Public Hearing on the above-referenced Order which proposed a series of amendments to the Zoning Ordinance. While the Planning Board submitted most of its recommendations to you in April and May, the Council was unable to vote on the proposals within the timelines specified by State law (MGL Chapter 40A, Section 5). Accordingly, the Planning Board respectfully requests that the Council consider scheduling another joint public hearing to discuss Order #43. The Planning Board anticipates the process to move fairly swiftly, since it has previously formulated recommendations on all but two or the proposed amendments. Respectfully, Richard Dinkin, Chairperson Referred to Leqal Affairs and Accounts #365 Beverly City council 191 Cabot St. Beverly, MA RE: Airpod Proposals Dear Honorable Council: As you may know, due to changes in corporate structure and operations, GTE Service Corporation has made little use of the facilities it holds at Beverly Airport under lease from the Beverly Airport commission and approved by this Council GTE has expressed interest in terminating its lease, conditioned upon the approval and acceptance by the City of leases for the GTE facility to North Atlantic Air, Inc, and &Yanai Sightseeing LLC. With the Airport Commission and on its behalf, I have negotiated leases with North Atlantic Air, Inc. and Yanai Sightseeing LLC, copies of which I enclose herewith for your review and approval. ~ have also negotiated a termination transaction with GTE, the substance of which is set forth in the attached letter of October 29 from GTE to the City of Beverly. It should be noted that the monies paid by GTE are to be deposited in the Airport's enterprise fund for the operational requirements of the Airport. Please refer these matters to the appropriate Committee for consideration. I will be pleased to appear with representatives of the Airport commission to respond to any questions you may have. Very truly yours, Marshall J. Nandly Referred to Leaal Affairs and Accounts Communications, Applications and Petitions #366 Petition of Bell Atlantic for one splice manhole with conduit in Cherry Hill Drive for necessary work on Sam Fonzo Drive Referred to Public Service and Aid #367 North Shore United Way request to hang banner over Cabot St. Referred to Public Service and Aid #368 Communication from Highway and Traffic Signal Design, Inc. relative to the widening of Elliott Street As this required two readings by the City Council, the first reading was taken Referred to Leaal Affairs and Accounts #369 Water Abatement Request-Kenneth Savory Referred to Public Service and Aid #370 Claim-Robert Cipolle, 2 Morgans Island Road Receive and Place on File Referred to City Solicitor 9-0 Vote #371 Request to change location of Second CJass MVDL from 3 Colon Street to 11 Elliott St. Referred to Leaal Affairs and Accounts #372 Application-Class II MVDL-Lepore Motors, Inc., 43 Cabot Street Referred to Leaal Affairs and Accounts #373 Complaint of Rooms for rent and part-time domestic employees Referred to Leaal Affairs and Accounts #374 Request by Lexington Drive Neighbors to place Memorial Bench on city Property Referred to Finance and Property #375 Claim-Henry Tiberio Receive and Place on File Refer to City Solicitor 9-0 Vote Reports from Committees: #345 The Committee on Finance and Propedy to whom was referred the matter of Transfer to Account First Night Beverly 2000 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 a transfer to account Millennium Celebration from account Reserved for Unforeseen in the amount to Fifteen thousand ($15,000) dollars to help defray the costs of the planned millennium celebration. First Passage: October 18, 1999 Public Hearing: November 1, 1999 Final Passage: November 1, 1999 Order read once and Adopted 8-0 Vote Councilor Gilmore abstained #322 The Committee on Finance and Propedy to whom was referred the matter of Transfer to Account Violence Prevention Hotline ($1,500) have considered said matter and beg leave to repod as follows, to wit: Submit the accompanying order and recommend its adoption ORDERED: That the City Council approve a transfer to account Violence Prevention Hotline from account Reserved for Unforeseen in the amount to one thousand five hundred ($1,500) dollars as per the request of the School Department First Passage: October 18, 1999 Public Hearing: November 1, 1999 Final Passage: November 1, 1999 Order Read once and Adopted 9-0 VOTE #361 The Committee on Finance and Property to whom was referred the matter of communication relative to taking of property and transfer to account for property abutting Beverly Airport 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 Public Headng on Monday, November 15, 1999 at 7:35 PM, at 191 Cabot Street, Beverly, Mass relative to land taking relocation expenses and engineering and demolition costs for land abutting the Beverly Airpod. Parcel 2 - 35 BurIcy Street, Wenham (taking in fee) Award $317,000 Parcel I - 31 BurIcy Street, Wenham (Relocation) Award $56,650.00 Parcel I & 2:31 and 35 Burley Street Wenham (Demolition, engineering and legal fees) Award $26,675 First Passage: November 1, 1999 Public Hearing: November 15, 1999 Final Passage: November 15, 1999 Order read once and adopted 9-0 Vote :/:/:43 The Committee on Legal Affairs and Accounts to whom was referred the matter of Zoning Ordinance amendments have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: Notice is hereby given in accordance with Massachusetts General Laws, Chapter 40A, Section 5 that the Bevedy City Council and Beverly Planning Board will hold a joint public hearing on Monday, December 6, 1999 at 7:15 p m in the City Council Chambers, third floor, City Hall, Beverly MA relative to proposed amendments to the City of Beverly Zoning Ordinance. The amendments (formerly proposed as Order #.43) pertain to home occupations, adoption of permit fees for Design Review Board filings, parking regulations, and definitions of "domestic employee", "dwelling', "family", and frontage". The text of the proposed amendments is on file in the Planning Department and is available for public review. Order read once and adopted 9-0 Vote #325 The Committee on Legal Affairs and Accounts to whom was referred the matter of Comm from City Solicitor re Taking of Land abutting Airport have considered said matter and beg leave to report as follows: Receive and Place on File Order read once and adopted 9-0 Vote #350 The Committee on Legal Affairs and Accounts 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 one thousand nine hundred and Ninety Nine AN ORDINANCE amending an ordinance entitled Motor Vehicles and Traffic re No Parking Here to Comer Be it ordained by the City Council of the City of Beverly: That Chapter 14, Section 120 of the Revised Ordinances of the City of Beverly, 1989, be, and the same is hereby amended as follows: ADD: Cabot Street, northerly side of Fayette Street, lbrty feet from the comer of Fayerie St. This ordinance to take effect upon passage according to City Charter. First Passage: November 1, 1999 Final Passage: November 15, 1999 Order read once and held for final Dassaae as per Charter Provisions 9-0 Vote #351 The Committee on Legal Affairs and Accounts to whom was referred the matter of Ordinance Motor Vehicles and Traffic 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 Nine AN ORDINANCE amending an ordinance entitled Motor Vehicles and Traffic re Stop Sign 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 as follows: ADD: Dolloff Avenue, westbound drivers on Dolloff Avenue at Hillcrest Avenue. This ordinance to take effect upon passage according to City Charter. First Passage: November 1, 1999 Final Passage: November 15, 1999 Order read once and held for final Dassaae as per charter provisions 9-0 Vote #302 The Committee on Public Service and Aid to whom was referred the matter of Communication re Standley Street compost facility have considered said matter and beg leave to report as follows, fo wit: Receive and Place on File Order read once and adopted 9-0 Vote #346 The Committee on Public Service and Aid to whom was referred the matter of Appointment to Local Ads Council Barbara Preston, Helen Kennedy Lewis and Meg Anderson have considered said matter and beg leave to report as follows: Recommend the Council approve the appointments Order read once and adopted 9-0 Vote ://:347 The Committee on Public Service and Aid to whom was referred the matter of Appointment to Parks and Recreation Commission Patricia Adams have considered said matter and beg leave to report as follows: Recommend the Council approve the Appointment Order read once and adopted 9-0 Vote #329 The Committee on Public Service and Aid to whom was referred the matter of Appointment Bevedy Recycling Committee Barbara Papish have considered said matter and beg leave to report as follows: Order read once and adooted 9-0 Vote ://:352 The Committee on Public Service and Aid to whom was referred the matter of Permission to hang banner over Cabot St for month of December by First Night Beverly have considered said matter and beg leave to report as follows: Submit the accompanying order and recommend its adoption Ordered: That the City Council approve the request of first Night Beverly 2000 to hang a banner across Cabot Street from December 1, 1999 until January 8, 2000 provided that they are properly insured and have the banner hung by a licensed rigger. Order read once and adopted 9-0 Vote #366 The Committee on Public Service and Aid whom was referred the matter of Petition- Bell Atlantic have considered said matter and beg leave to report as follows: 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 November 15, 1999 at 7:45 PM in Council Chambers, 191 Cabot Street, Beverly, MA relative to a petition of Bell Atlantic for a splice manhole with conduit in Cherry Hill Drive for work on Sam Fonzo Drive. Order read once and adopted 9-0 Vote Unfinished Business: The following ordinances were read into council and held for final passage after advertising: #327 Ordinance Motor Vehicles and Traffic-Stop Signs-Burley and Forest Sts #328 Ordinance Motor Vehicles and Traffic - No Parking Grove Street Resolutions: Motions and Orders: #376 By Councilor Van Liere: I respectfully request that the following appointment be made to the Open Space and Recreation Committee for a Ward Three Representative. William Squibb, 509 Cabot Street, Beverly This appointment will fill the unexpired term of Elyse Cotreau who recently resigned from the Committee for professional reasons. The term of this appointment to expire August 31,2001 V,r. Squibb is a committed and thoughtful member of this community and will serve this appointment with intelligence and foresight. He has already attended one meeting as an observer and is now very eager to receive a formal appointment by this Council Recommend the council approve the appointment. Order read once and adopted 9-0 Vote Meeting adjourned: 8:40 PM Frances A. Macdonald, CMC City Clerk