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1999-09-07Regular Meeting of Beverly City Council Sept. 7, 1999 Roll Call: Councilors present, Flaherfy, Marl/n, McG/ynn, A4cMahon, Murray, Rollins, rroubelaris, Gilmore. Councilor Van Liere was absent Pledge of Allegiance to the Flag.- ledby CouncilorMcGlynn Acceptance of Minutes of Previous Meeting: Minutes of July 6, 199 and Special Meeting of August 9, 1999 Communications from His Honor the Mayor.' #262 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby request a transfer of Three Thousand Two Hundred Dollars ($3200) to account "Beverly Youth Friends Mentoring Program" from account "Reserve for Unforeseen." Said sum of money to be expanded under the direction of the Mayor. Attached is a communication from Judy Crater, Youth Mentoting Program Director, concerning this request. Very truly yours, William F. Scanlon, Jr, Mayor Referred to Finance and Pronertv #263 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following members of the Airport Commission: Mr. Paul Barnico 11 lverson Road Mr. William Mahoney 10 Beverly Hills Avenue Mr. Leo White 12 Stewart Lane Their terms to be effective until December 31,2001. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Public Service and Aid #264 Honorable City Council City Hall Beverly, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following members of the Conservation Commission: Mr. David J. Lang 14 Old Town Road Mr. Richard Benevento 12 Fern Street Their terms to be effective until Jane 30, 2002. Mr. John Donnelly 1 Cavendish Square His term to be effective until Jane 30, 2001. Very truly yours, William F. Scanlon, Jr., Mayor #265 Honorable City Council City Hall Beve~y, MA 01915 Dear Honorable Council: I hereby reappoint, subject to your review and recommendation, the following members of the Planning Board: Mr. William Delaney 201 East Lothrop Street Mrs. Joanne Dunn 18 Palmet Road Mr. John Thomson 9 Thoreau Circle Their terms to be effective until December 31,2001. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Lel~al Affairs and Accounts #266 Honorable City Council city .all Beverly, MA 01915 Dear Honorable Council: I hereby appoint, subject to your review and recommendation, Mr. John Burke, 36 Pond Street, Beverly, MA 01915, to serve as a member of the Cable TV Advisory Commission. He will replace Mr. Gerald D'Alfonso who resigned due to personal reasons. Mr. Burke's term will be effective until January 31, 2001. Very truly yours, William F. ScanIon, Jr., Mayor Referred to Public Service and Aid MJoaoad puu ~ou~u!a ol aoKeB! 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'~[laAal~t lleH l.mtmo3 ~!3 olqmouoH g9 # ao,¢uBl "af 'uolueaS 'a 'sxnoK ,(inn ~oA · uo]ss!unuo3 ~u!pl!n~ oqlJo uoDoo~!p otll aapun roods oq ol ,~ououajo tuns P!~S · o.tmr0 .mou oql m. ~u.unoq aHqnd .~oj ol~p ~ los pug ~ti~!uol ~u!p~oa ~sa9 n o~lm os~old 'ash aoJ alq~l!gA~ s.t P!V alulS leuoH!PP~ paaunouu~ ,qmaoaa u! 000'g1~1~$ aql s~ uoos s~ aMosoH ~ql qs!ualdo~ 'ql~ ol luolu! oql ql!~ 1agpnq t¢tu u! ,Juno33V uoaso~oJufl ~oJ aAaasaH. aq1 tuo.tJ uo~t,1 aq ol .uo!l~.~olsoH ~o~a~L SHB, lunoao~ o~ (000'0EE$) sa~lloQ pugsnoq,L ~uoA~£ po.~punH o~,L jo lunotu~ oql m. uo.Uu.udoadd~ u~ ;sonba.t ,~qa.taq I :lptmo3 olqgaouoH ~oCl gl610 V!N ',q.laAa~ II~H/a!3 l!ouno3 t!3 olqmouoH z9 # Communications from other City Officers and Boards #270 Powers and Sullivan Certified Public Accountants 323 New Boston Street Woburn, MA 01801 Dear Honorable Council Pursuant to your request, the following matters represent all pending litigation and/or unasserted claims against the City of Beverly as of June 30, 1999, and during the period from that date to this report in which the City of Beverly may be liable for sums exceeding $5,000.00. Marcia Burchstead v. City of Beverly. Plaintiff is employed as a police officer by the City. Plaintiff is claiming unlawful gender discrimination and sexual harassment and seeking damages for emotional distress in excess of $25,000. Outside counsel is defending the city. Thomas Durkin v. City of Beverly. Former school principal alleges breach of contract. Plaintiff seeks in excess of $1 O0,000,00 Johnson Golf v. city of Beverly. Claim for bad faith in awarding contract to manage golf course. Trial scheduled for September. Plaintiff seeks in excess of $25,000 Kevin Syroka v. City of Beverly. Contractor who was working at Edwards School when ceiling fell on him. Plaintiff seeks in excess of $25,000 Brian Tamilio v. Bennett. One firefighter suing another for slander. City represents defendant who is superior officer to plaintiff. Case set for trial. Plaintiff seeks $30,000. Sincerely yours, Marshall J. Handly City Solicitor Referred to Leaal Affairs and Accounts #271 Honorable City Council 191 Cabot St. Beverly, MA Dear Councilors: RE: Ordinances that need to be deleted In looking through the City Ordinance book, I came across two ordinances that need to be deleted because they are no longer required or outdated. Please take the necessary action to amend City of Beverly Revised Ordinances as follows: DELETE: C14 Sec. 94, Obedience to special traffic control devices as follows: Section (b) turning movements generally, (1) Right lanes must turn right; Elliott Street, eastbound traffic onto McPherson Drive. Section © Right and left turns prohibited, (2) Left-hand turns prohibited: from Cabot Street, northbound lane, into Congress Street, westbound, from 4:00 p.m. to 6:00 p.m. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to Leaal Affairs and Accounts #272 City Council Members 191 Cabot Street Beverly, MA Dear City Council: RE: Request for ordinance change, Creek Street I have met with Mr. Papamechail, Director of Public Services, and the two businesses located on lower Creek Street, Brittons Volkswagon and Big Jim's concerning a parking change on lower Creek Street. Both businesses agree with this change, as long as snow is removed from the street in the winter, and Mr. Papamechail has agreed to do this because of the new fueling facility located at the City Garage, accessed through Creek Street. Please take the necessary action to amend City of Beverly Revised Ordinances as follows: DELETE: C14/sec. 120, Creek Street, northerly side, entire length ADD: C14 Sec. 120, Creek Street, northerly side, from Ranfoul Street to Park Street C14 Sec. 120, Creek Street, southerly side, from Park Street, westerly, to the property of the City of Beverly. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to Leqal Affairs and Accounts #273 Honorable City Council Beverly City Hall Beverly, MA Dear Honorable Council: RE: Request for Stop Sign, Eaton Avenue at Lindsey Avenue We have been asked to look into the possibility of placing a STOP sign on Eaton Avenue at Lindsey Avenue. We have investigated this location and determined this location meets the warrants and a stop sign should be placed here. In accordance with the provisions of Chapter 89, Section 9, of the Massachusetts General Laws, and Chapter 14, Section 86, of the Revised ordinance of the City of Beverly, we request the following stop sign; ADD: Eaton Avenue, westbound drivers on Eaton Avenue at Lindsey Avenue. Very truly yours, Dennis O. Tarsoak, Traffic Sergeant Referred to Leaal Affairs and Accounts #274 Honorable City council City Hall Beverly, MA 01915 Dear Honorable Council: RE: Request for Stop Signs, Gloucester Crossing area We have been asked to look into the possibility of placing STOP signs on severaJ streets in the Gloucester Crossing area. We have investigated these Jocations and determined they meet the warrants and stop signs should be placed there. ADD: Gage Street, eastbound drivers on Gage St at Beckford St Gage Street, northbound drivers on Gage St at Mill St Grant Street, eastbound drivers on Grant St at Beckford St Grant Street, westbound drivers on Grant St at Ropes St MiJl Street, eastbound drivers on Mill St at Beckford St Mill Street, westbound drivers on Mill St at Ropes St Ropes Street, northbound drivers on Ropes St at Simon St Ropes Street, southbound drivers on Ropes St at Mill St Simon Street, westbound drivers on Simon St at Ropes St. Very truly yours, Dennis O. Tarsook, Traffic Sergeant Referred to Leqal Affairs and Accounts #275 City Council City Hall Beverly, MA 01915 Dear City Council Members: The Beverly Council on Aging would like to request a waiver for permission to have alcohol on the premises of the Senior Center for a Halloween fundraiser. The event is on October 23 and we have contracted a profession bartending service for the evening. The Beverly Licensing Board has already approved our request pending your approval. if you have any questions please contact meat 921- 6017. Thank you for your consideration Sincerely Shield Field, Assistant Director Referred to Finance and Property #276 Minutes of Beverly Harbor Management Authority meeting of August 5, 1999 Referred to Finance and Property #277 Honorable City Council 191 Cabot St Beverly, MA 01915 Dear Members of the Council: Attached please find an original signature easement for several lots along Grover Street. The Planning Board is forwarding this easement to you for acceptance on the City's behalf. Several years ago, the T. Ford Company proposed to build a subdivision off Grover Street called the Chapel Hill subdivision. The Planning Board required the grant of the attached easement as a condition of subdivision approval on the recommendation of the City's then Public Works Director George Zambouras. The easement increased the effective width of the Grover Street right-of-way to fifty feet, which will facilitate improvements to Grover Street in the future. The easement document has been reviewed by City Solicitor Marshall Handly and approved as to form Upon acceptance of the easement by the Council, it will be recorded at the Registry of Deeds by Marshail's office. Please fell free to contact me at 921-6000, extension 173 if you have any questions regarding the Planning Board's votes on this matter. Respectfully, Tina P. Cassidy, Director Planning & Development Department Referred to Leaal Affairs and Accounts Communications, Applications and Petitions #278 Application Raffle and Bazaar Permit-Beverly chamber of Commerce of a Las Vegas Night Referred to Leaal Affairs and Accounts #279 Petition Mass Electdc for Joint Owned pole in Common Lane Referred to Public Service and Aid #280 Petition Mass Electric for underground conduit and manhole in Wellman and Congress Streets Referred to Public Service and Aid #281 Petition Bell Atlantic for conduit in Sam Fonzo Drive Referred to Public Service and Aid #282 Claim-Jerry Hjltonen Referred to Leaal Affairs and Accounts #283 Request by Edgewood Road residents to have road closed Referred to Public Service and Aid #284 Comm from Van Ness Creative Group re filming of movie Referred to Finance and Property #285 Claim Keyin Conner Referred to Leaal Affairs and Accounts #286 Claim Jeffrey Glew for Ryan Glew Referred to Leaal Affairs and Accounts #287 Claim Derik Bates Referred to Leaal Affairs and Accounts #288 Claim Holly Rae Harrington Referred to Leqal Affairs and Accounts #289 Claim Melinda Delgado Referred to Leaal Affairs and Accounts #290 Request by Citizens to have street Paved (Ellingwood Ct.) Referred to Public Service and Aid #291 Application-Fortune Tellers License-Barbarayn Faircloth Referred to Leaal Affairs and Accounts #292 Application Second Hand Junk Dealers License-Sweet Peas maternity Resale Boufique, 55 Cabot St. Referred to Leaal Affairs and Accounts #293 Application for Three Livery Licenses-City Taxi of Beverly Referred to Leclal Affairs and Accounts #294 Communication from Comm of Mass Land Court re subdivision- Barbara Rowell Referred to Leclal Affairs and Accounts #295 Thank you from Betty Tuff, Beverly Senior Citizen of the Year Receive and Place on File #296 Cornre. from Commonwealth of Massachusetts Dept. of Education RFP for After-School and Other Out-of-School Time Programs Receive and Place on File #297 Cornre. from Commonwealth of Massachusetts Dept. of Telecommunications and Energy re standards employed by public utility operators when restoring municipal streets Referred to Public Service and Aid #298 Environmental Notification Form-Worldwide Fiber, Inc. Hibernia Pro]ect Referred to Leaal Affairs and Accounts #299 Request by Byron Jones to use city sidewalk for repairs to building at 267 Rantoul Street Referred to Public Service and Aid #300 Communication from Town of Ashland re Forum on Education Funding Alternatives Receive and Place on File #301 Communication relative to apartment at 858 Hale Street Referred to Leclal Affairs and Accounts #302 Communication re Sfandley Street Yard Waste Management Site Referred to Committee of lhe Whole Reports from Committees: #262 The Committee on Finance and Properly to whom was referred the matter of Transfer to Account, Beverly Youth Fdends Menfaring Program ($3,200.00) from Reserve for Unforeseen 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, September 20 at 7:50 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding a transfer to account Beverly Youth Friends Mentoring Program from account Reserve for Unforeseen in the amount of $3200.00 First Passage: September 7, 1999 Public Hearing September 20, 1999 Final Passage: September 20, 1999 Order read once and Adopted 8-0 Vote #267 The Committee on Finance and Propedy to whom was referred the matter of Transfer to Account BHS Track Restoration 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, September 20, 1999 at 7:45 PM in Council Chambers, 191 Cabot Street, Beverly, MA regarding a transfer to account BHS Track Restoration from account Reserve far Unforeseen in the amount of $220,000.00 First Passage: September 7, 1999 Public Hearing: September 20, 1999 Final Passage: September 20, 1999 Order Read once and Adopted 8-0 #268 The Committee on Finance and Properly to whom was referred the matter of Transfer to Account Phase 2 of Water and Sewer improvements near Beverly Airport ($75,000.00) have considered said matter and beg leave to repod as follows, to wit: Submit the accompanying ordinance and recommend its adoption Ordered: That the City Council of the City of Beverly hold a public hearing on Monday, September 20 at 7:40 PM in Council Chambers, 191 Cabot Street, Beverly MA regarding a transfer to account Phase 2 of water and sewer improvements near Beverly Airport from account Reserve for Sewer and Water Special Revenue Funds in proportion of 2/3 ($50,000) sewer and 1/3 ($25,000) Water First Passage: September 7, 1999 Public Hearing September 20, 1999 Final Passage: September 20, 1999 Order read once and adopted 8-0 Vote #278 The Committee on Legal Affairs and Accounts to whom was referred the matter of Raffle and Bazaar permit-Beverly Chamber of Commerce for a Las Vegas Night have considered said matter and beg leave to repod as follows, to wit: Submit the accompanying ordinance and recommend its adoption Ordered: That the City Council approve the application of the Beverly Chamber of Commerce for a Raffle and Bazaar Permit to run a Las Vegas Night at the Vittori Rocci Post on September 16, 1999, pending approval of Chief Terry Order read once and adopted 8-0 Vote #279 The Committee on Public Service and Aid to whom was referred the matter of Petition-Mass Electric for Joint Owned pole in Common Lane 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 hold a Public Hearing on Monday, September 20, 1999 at 7:55 PM in Council Chamber, 191 Cabot Street, Beverly relative to a Petition of Massachusetts Electric Company for the installation of one Joint Owned pole #11-1 in common Lane, Beverly, MA Order read once and adopted 8-0 Vote #280 The Committee on Legal Affairs and Accounts to whom was referred the matter of Petition-Mass Electric 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, September 20, 1999 at 7:56 PM in Council Chamber, 191 Cabot Street, Beverly relative to a Petition of Massachusetts Electric Company for the installation of underground conduit and manhole in Wellman St. at Congress St., Beverly, MA Order read once and adopted 8-0 Vote #281 The Committee on Legal Affairs and Accounts to whom was referred the matter of Petition Bell Atlantic for conduit in Sam Fonzo Drive have considered said matter and beg leave to report as follows, to wit: Submit the accompanying order and recommend its adoption Ordered: Thatthe City Council hold a Public Hearing on Monday, September 20,1999 at T:58 PM in Council Chamber, 191 Cabot Street, Beverly relative to a Petition of Bell Atlantic for the installation of underground conduit in Sam Fonzo Drive, Beverly, MA Order read once and adopted 8-0 Vote Unfinished Business: The following ordinances were read into council and held for final passage after advertising #246 Ordinance MV & T Isolated stop sign, Arthur at Mulberry St. Ordinance read once and adopted 8-0 Vote #247 Ordinance MV & T One-Way Street Green Street Entire Length Ordinance read once and adopted 8-0 Vote Resolutions: #303 Eagle Scout Jererny Weir Motions and Orders: #304 By Councilor Rollins: Ordered: That Article III, Fortunetellers, Section '12-51 be amended to read that the city council shall not issue more than one (I) license for every fifty thousand (50,000) inhabitants Referred to Legal Affairs and Accounts #305 By Councilor Rollins Investigate the Facts Pertinent to the OceanView Variance Referred to Labial Affairs and Accounts #306 By Councilor Martin: Ordered: that the City Council remove the deed restriction that the "Land herein conveyed shall not be built upon for habitation" on land owned by John B Horrigan and Ann B. Horrigan on Berrywood Lane. This is the same property described in a deed recorded at the Essex County Registry of Deeds, Book 5958, Page 785. The restriction was placed upon the land by the City of Beverly Board of Aldermen, October 17, 1972 (Order #593) Referred to Legal Affairs and Accounts #307 By Councilor Murray: Ordered: That the City of Beverly shall not sell, lease, rent or otherwise encumber City property without City Council Approval. Referred to Finance and Prol~ertv Meeting adjourned: 9:05 PM Frances A. Macdonald, CMC City Clerk